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HomeMy WebLinkAboutAgenda Packet 02/14/1995 PUBLIC REVIEW COPY Please do not remove from counter AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM Tuesday, February 14, 1995 7:00 P.M. This agenda is prepared and posted pursuant to the requirements of GovernmentCode Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be taken shall include: A referral to staff with specific requests for information, continuance, specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item, adoption or approval,• and, disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the Information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office ((805) 461- 5010) or the City Clerk's Office ((805) 461-5074). Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. RULES OF PUBLIC PARTICIPATION: Please see back page CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL COMMENTS SPECIAL PRESENTATION: O Recognition of an Exemplary Volunteer COMMUNITY FORUM: Please see "Rules of Public Participation" (Back Page) A. CONSENT CALENDAR: All matters listed under Item A, Consent Ca!endar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: 1. CITY COUNCIL MINUTES - January 10, 1995 Recommendation: Approve as Submitted 2. APPROVAL OF WARRANTS FOR THE MONTH OF JANUARY, 1995 Recommendation: Approve certified City accounts payable,payroll and payroll vender checks for the months of December, 1994 and January, 1995 3. RESOLUTION NO. 06-95 - Authorizing the City Engineer to sign quitclaim deeds on behalf of the City Recommendation: Staff requests continuance 4. RESOLUTION NO. 07-95 - Designating a stop intersection on Cole Court at Portola Rd. Recommendation: Adopt 5. RESOLUTION NO. 08-95 - Designating a stop intersection on Valle Ave. at Palomar Ave. Recommendation: Adopt 6. RESOLUTION NO. 05-95 - Authorizing traffic signal maintenance contract with Lee Wilson Recommendation: Adopt B. PUBLIC HEARINGS: No items scheduled. C. REGULAR BUSINESS: 1. AUDIT - June, 1994 Report Recommendation: Accept and Approve 2. ORDINANCE NO. 283 -Amending Title 7 of the City Municipal Code (Sanitation Ordinance) relative to sewer connection time limits Recommendation: Adopt on second reading by title only 2 3. RESOLUTION NO. 09-95 - Designating a no-parking zone on Marchant Way at Pismo Ave. (adjacent to the Lake Park Pavilion) Recommendation: Adopt 4. PUBLIC NOTICING METHODS AND REPORT OF ASSOCIATED_ COSTS Recommendation: Discuss and provide staff direction D. COMMITTEE REPORTS (The following represent ad hoc orstanding committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 4. Economic Round Table 5. Finance Committee 6. Highway 41 Realignment Community Advisory Committee 7. Air Pollution Control District 8. Upper Salinas River Coordinated Resource Management & Planning Committee E. INDIVIDUAL DETERMINATION AND/OR ACTION: • 1 . City Council - Possible Joint meeting with S.L.O. City Council in Mid-April 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager F. CLOSED SESSION: 1. CONFERENCE WITH LABOR NEGOTIATOR: Negotiator: City Manager Employee Organizations: Service Employees International Union, Atascadero Police Officers Association, Atascadero Sergeants Service Organization, Atascadero Safety Technicians Organization, Mid-Management Bargaining Unit, and Management Bargaining Unit 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Employee: Police Officer 3 RULES OF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments as a citizen. To increase the effectiveness of your participation, please familiarize yourself with the following rules of decorum: 0 Members of the audience may speak on any item on the agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). 0 Persons wishing to speak should step to the podium and state their name and address, for the official record. 0 All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. 0 No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. 0 A person may speak for five (5) minutes. 0 No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. 0 Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. 0 The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM: 0 The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. 0 A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. 0 State law does not allow the Council to take action on issues not on the agenda; staff may be asked to follow up on such items. Agenda Item: A-1 Meeting Date: 02/14/95 ATASCADERO CITY COUNCIL JANUARY 10, 1995 MINUTES The Mayor called the meeting to order at 7:05 p.m. Councilperson Carden led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Carden, Highland, Johnson, Luna and Mayor Bewley Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Lt. John Barlow, Police Department; Steve Sylvester, City Engineer and John Neil, Assistant City Engineer ANNOUNCEMENTS: Mayor Bewley announced that Item #C-2, Wil-Mar Disposal, Inc. request for contract extension, will be continued until the next regular meeting. Councilman Luna expressed concern for delays in addressing solid waste management issues and voiced disapproval that all matters are not yet before the Council for consideration at the same time. He asked staff to bring back all the information, including the countywide solid waste joint powers agreement (JPA), a JPA between the cities of Atascadero and Paso Robles, City liability in relation to possible closure of the Chicago Grade Landfill, etc. He displayed a fax memorandum from the Waste Management Board regarding violations of the Paso Robles Landfill and asserted that the Council needs to quickly make a decision about whether or not Atascadero will join in on the CC 01/10/95 Page 1 countywide JPA. Councilman Luna also remarked that discussions regarding an amicus brief filed by the County in relation to pending litigation between Chicago Grade, Paso Robles and Wil-Mar should have been held in an open forum rather than in Closed Session. Councilman Highland cautioned members of the Council against taking a stand in the lawsuit and commented that the Atascadero City Council has no authority to make a decision about where Wil-Mar Disposal takes it trash. Councilman Luna argued that the City is at risk and pointed out that it may be very costly should the City suffer liability and be held responsible for costs associated with landfill closure. He concluded that he would prefer to give some direction to staff on how to move on this issue and suggested that the City may have nothing to lose form joining the countywide JPA. Mayor Bewley noted that the City Attorney had requested that an item be added the Closed Session. Art Montandon explained that correspondence had been received from legal counsel to the owner of the Millhollin Mine and recommended that the matter of Santa Lucia Neighbors Association, Inc. v. City of Atascadero, et al. be added to the Closed Session. MOTION: By Councilman Luna,seconded by Councilman Highland to put the matter on the Closed Session agenda; motion carried unanimously. COUNCIL COMMENTS: Councilman Carden reported that applicants for a recent General Plan Amendment and zone change request were not notified in advance that the matter would be on the City Council agenda. Henry Engen reported that the General Plan Amendment intake process has been referred to the Planning Commission. Staff was attempting to come up with something friendly to the Brown Act and keep the applicant informed, he said. Mr. Engen explained that the City Council is initially given an opportunity to review applications prior to staff study and public hearings. The problem, he added, is that applicants often believe that a hearing is being conducted and a formal decision rendered when, in fact, it is preliminary and informational at that point. In the instance to which Councilman Carden was referring, Mr. Engen noted that the matter was agendized and noticed, however, because it was not a public hearing personal notice to the applicant and surrounding neighbors was not required. Councilman Johnson noted that related 'information packets prepared for City Council review by the applicants were not distributed and voiced distress about the oversight. Henry Engen explained that the information would have been distributed as part of the agenda material going to the Planning Commission and City Council when public CC 01/10/95 Page 2 hearings were scheduled. He sympathized with the applicant's concern because the • application was rejected, because of environmental issues, and taken out of the cycle. Councilman Carden proposed a meeting of the cities of Atascadero and Paso Robles (separate from the North County Summit) to discuss issues directly related to the two cities. He suggested that topics for discussion might include combined efforts for reduction of costs for services like solid waste management, Dial-a-Ride and engineering services. In addition, he suggested that the two cities, as one urbanized area, may qualify for federal and state grants for mutual assistance in areas of transportation, housing, health and human services. Councilman Luna added that there has been a long-standing desire by both cities to purchase jointly a chipper and suggested that this matter could also be discussed. Councilman Carden asked staff to schedule a meeting. PRESENTATION: Mayor Bewley presented a plaque to Dennis Lochridge for six years of service on the City's Planning Commission. CITY MANAGER COMMENTS: Andy Takata provided an update on flooding situations resulting from recent heavy rains. In addition, he expressed appreciation to staff from the Fire, Police and . Community Services Departments for their hard work and efforts. COMMUNITY FORUM: Marcia Torgerson, 6200 Llano, read a prepared statement asking the City what action it will take on the Millhollin Mine (see Exhibit A). Lanny Dugar, 8300 Santa Rosa Road, encouraged the City Council to share some of the responsibility of the Orange County Investment crisis and not put all the blame on the City Treasurer. William Zimmerman, 6225 Lomitas, commented that the San Luis Obispo Council of Governments (COG) is impacting all forms of transportation and warned that soon COG and the Air Pollution Control District (APCD) will be dictating how and when citizens can travel about for work and play. He suggested that the full Council study in-depth all agenda materials for COG, its subsidiaries and the APCD. In addition, he proposed that the Council hold regular study sessions and give official direction to the Council representative serving on the committees and consider making separate appointments to the APCD and COG. CC 01/10/95 • Page 3 Eric Greening, 7365 Valle, expressed concern about the safety of joining with Paso Robles in a JPA for solid waste management and encouraged the Council to look at • all the inter-linked issues relating to the matter. He also announced that there would be an unmet transportation needs hearing in San Luis Obispo on Wednesday, January 11 , 1995 and encouraged citizens to attend. Michael Kovacs, 1449 Mesa Road, proclaimed that the public is entitled to know what transpired in the Orange County Investment Pool situation and claimed that the City violated a principle rule of investment safety by placing "all its eggs in one basket". Gail Swazey, Santa Lucia Road resident, demanded to know if the members of the City Council had been to the Millhollin Mine to see the destruction that is taking place there. The City Attorney advised the Council not to respond to public questions at this time because of pending litigation. He added that questions should be asked through the Court proceedings. Ms. Swazey stated that, in her opinion, the destruction is horrible and the mine is creating a huge hole. Terril Graham, 6205 Conejo Road, remarked that the City Manager is running the city and stressed that it is he who is responsible for actions taken by the City. He said that people are dissatisfied with administration and how things are being governed. He criticized the public hearing notice process and agenda setting policies. He concluded by stating that Andy Takata is the best manager the City has had. Councilman Luna asked that the Finance Director come back with an accounting of • costs for noticing public hearings and provide some suggestions for how to get better use of the monies expended. Mayor Bewley announced once more that the Wil-Mar Disposal contract extension request was being continued and that an item for Closed Session had been added. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - December 13, 1994 2. CITY TREASURER'S REPORT - November, 1994 3. APPROVAL OF WARRANTS FOR MONTH OF DECEMBER, 1994 4. FINAL PARCEL MAP 94002, 5150 ATAJO ROAD - Subdivision of a 5.05 acre parcel into three parcels for single family residential use (Gearhart) CC 01/10/95 Page 4 5. FINAL TRACT MAP 23-89, 11455 VIEJO CAMINO 19-lot residential • subdivision (Gearhart) Mayor Bewley pulled Item #1 at the request of the City Clerk. The matter was continued to January 24, 1995. MOTION: By Councilman Highland, seconded by Councilman Luna to approve the Consent Calendar, Items #A-2 through 5; motion carried 5:0 by roll call vote. B. PUBLIC HEARINGS: 1. TENTATIVE PARCEL MAP 94-003, 8505 GRAVES CREEK RD. - Appeal of Planning Commission-imposed conditions of approval of proposed division of 6.1 1 acre parcel into two parcels (Lavallee/Wilson Land Surveys - cont'd from 12/13/94) Steve DeCamp provided the background and staff report. Council questions followed regarding appealed Conditions of Approval. With regard to the proposed road maintenance agreement (Condition #16), Councilman Luna asked the City Attorney to provide a status report on establishing a mechanism for the collection of a traffic mitigation fees (AB1600). Art Montandon indicated that the process would take • approximately five months to formulate and added that it would not be an option at this time for this project. Councilman Johnson indicated that he would prefer to see a subdivision improvement agreement similar to one approved in the recent past (Maxson/Portola Road). Public Comments: Ken Wilson, representing the applicant, spoke in support of the appeal and addressed points of concern. He responded to inquiry from Mayor Bewley regarding plans for driveway access. Additional Council questions to staff followed regarding Condition 7a. (road improvements). The City Attorney provided an overview of various financing methods and Steve DeCamp reported that there does not appear to be any additional subdivision opportunities at the current density levels. The City Engineer reported on engineering road improvement standards and pointed out a significant difference between this subdivision and the recently approved one on Portola Road. CC 01/10/95 Page 5 Public Comments: Rush Kolemaine, Potero Road resident, asked how the fifty foot creekway setback is measured. Steve DeCamp responded that a licensed land surveyor can provide that information. Sid Bowen, 5550 Cascabel, commented that Graves Creek Road is not in good condition and money spent to widen a short strip of the road would be wasted. He stated that he was opposed to the Fire Marshal's arbitrary recommendation for a fire hydrant and remarked that additional driveways will not impact existing traffic. He also suggested that the open space easement be left to the property owners. ---End of Public Testimony--- Individual Council comments followed. Councilman Luna indicated support for all Conditions of Approval. He commented that he hoped the City would not miss the opportunities it has to get the funds to improve the roads and indicated he would have no quarrel with approving a deferred improvement agreement, provided the work is actually done at some point. He added that he would like to see the City Attorney move forward with a mechanism for traffic mitigation, as previously discussed. Councilman Carden remarked that he disagreed with Conditions #18 (open space easement) and #16 (road maintenance agreement) emphasizing that he was opposed to common access. Councilman Highland argued that a road maintenance agreement would be, in the case of common access, necessary to establish indeed who's responsible for maintenance. Councilman Johnson spoke in favor of revising Condition #7a (road improvements) and suggested that deferring the improvement makes more sense than creating a "bubble" in the road. In addition, he suggested that fire sprinklers be permitted as a substitute for a fire hydrant and proposed that language referring to Fire Marshal discretion be stricken (Condition #14) . Councilman Johnson also commented that forcing a common entry does not make sense and argued that one additional driveway would not create much impact and further suggested that Conditions #15 (access denial) and #16 (road maintenance agreement) be dropped all together. In closing, Councilman Johnson voiced concern for the taking of property rights by imposing Condition #18 (open space easement). Mayor Bewley agreed that road improvements as proposed would create a "bubble" effect and indicated he would prefer to see an in-lieu funding mechanism for deferred improvement. He stated that two driveways would not create a hardship and proposed that a fire hydrant may not be needed if fire sprinklers are deemed CC 01/10/95 Page 6 appropriate. Councilman Highland stated that he approved roved of the language set forth in Condition 9 FP (#14) and pointed out that fire sprinklers are designed to protect buildings, while fire hydrants are intended to protect buildings and the surrounding areas. He also spoke in favor of developing an in-lieu fee arrangement for deferred road improvements. MOTION: By Councilman Luna, seconded by Councilman Highland to deny the appeal with the exception of instructing the City Attorney to come up with an in-lieu fee arrangement; motion failed 2:3 (Carden, Johnson and Bewley opposed). MOTION: By Councilman Johnson to direct the City Attorney to establish an in-lieu fee arrangement, strike the discretion of the Fire Marshal [in Condition #141 and drop Conditions #15 & 16; motion died for lack of a second. MOTION: By Councilman Carden to approve the appeal request and charge the City Attorney with a program to collect fees [for] the future; motion died for lack of a second. MOTION: By Mayor Bewley, seconded by Councilman ,Johnson to [create] an in-lieu fund for the road widening and ,approve appeal of . Conditions #15 & 16. Discussion/Motion amended: Councilman Highland recommended that the motion be clarified to approve (and therefore deny the request to appeal) Condition #7a (road improvements) with exception [in-lieu fee for deferred improvement], deny appeal of Condition #14 (fire hydrant), Condition #15 (access denial)be allowed and Condition #16 stricken (now moot). Councilman Luna asked staff it there were any other flag lots being served by two different accesses. Steve DeCamp indicated that there were many. Councilman Carden agreed to amend the motion and requested further amendment by adding that the appeal of Condition #18 be denied. Vote on the amended motion: Motion, as amended, approved 5:0 by roll call vote. CC 01/10/95 Page 7 C. REGULAR BUSINESS: 1. AD HOC DEVELOPMENT REVIEW COMMITTEE - Consideration of committee report (8/23/94 Council meeting) Henry Engen provided the background and introduced Bob Fisher, Ad Hoc Development Committee Chairman, presented committee recommendations. Individual Council comments followed. Councilman Johnson commented that he would like to see community input before implementation. Councilman Luna noted that many of the recommendations are already being implemented by staff and stated that it may be best to step back and let staff proceed, rather than attend additional meetings of the ad hoc committee. He also suggested that if the committee is to stay in place, its mission should be to come back in six or twelve months. Councilman Luna cautioned that he did not support those recommendations with an unknown dollar amount attached to it. Councilman Carden indicated that the committee had taken a major step in the right direction. He added that he would, however, like to see recommendations regarding "nuisance" permits and suggested that it may be more suitable to take the City out of some processes and hold licensed engineers and contractors in the state accountable for their work and/or products. • Councilman Highland commented that he was impressed with the committee's report. He proposed that staff be instructed to come back with a status report on what is already being implemented and what costs are estimated to be associated with various recommendations. Councilman Carden suggested looking into setting up a group of outside planners or consultants (like plan checkers, etc.) for citizens to contract with. He said that this would allow for expanded services and individual attention without increasing costs to the City. Mayor Bewley pointed out that some recommendations may not yet be affordable but should, nevertheless, be considered as goals for a time when the City is able to fund them. He concurred with Councilman Highland's recommendation and spoke in support of additional in-depth Council study of the report. He also emphasized that the intent of continuing the ad hoc committee is to proceed with evaluating the recommendations and pursuing new ideas. CC 01/10/95 Page 8 Public Comments: Rush Kolemaine spoke favorably of the committee's efforts and encouraged the City Council to allow the committee to continue. Sid Bowen commended the City for moving in the right direction to simplify the building process and suggested that permits be required only for safety issues. ---End of Public Testimony--- Councilman Luna asked if a water heater could be installed without a permit. Henry Engen noted that because of possible earthquake damage, a water heater must be strapped to the wall and added that the permit fee is $35.00. Art Montandon advised that the City adopts the State Uniform Building Code and indicated that the City does not have discretionary authority when it comes to permit requirements. Councilman Johnson expressed appreciation to the committee and to staff. There was consensus to bring the matter back for further study and discussion. At 9:22 p.m., the Mayor called a recess. The meeting reconvened at 9:37 p.m. 2. WIL-MAR DISPOSAL - Consideration of three-year contract extension request SThis matter was continued to January 24, 1995. 3. LITTLE LEAGUE REQUEST TO CONSTRUCT A CONCESSION STAND/BATTING CAGES/HOME RUN FENCE AT PALOMA CREEK PARK Brady Cherry provided the staff report and recommendation to approve the ballfield area improvements proposed by Atascadero Little League at Paloma Creek Park. In addition, he recommended that the City Council authorize a revision to the building permit to allow Little League to construct a temporary prefab concession stand and summarized three related alternatives. He explained that Little League would, however, still need to get County approval for the building permit alteration. In conclusion, Mr. Cherry reported that a previous City Council had pledged funding support in the amount of $9,600 for the construction of the original building. He noted that the funds were not set aside and suggested that the Council discuss this issue. City Council questions and comments followed. Councilman Highland commented that he preferred Alternative #3 and was in favor of re-affirming the monetary commitment of the previous Council. He added that it had been predicated on the CC 01/10/95 Page 9 permanent building and pointed out that it would not be an immediate budget expenditure. Councilman Luna proposed that monies be set aside in an account that would be prorated over the next seven years and adjusted by the Consumer Price Index (CPI). Councilman Johnson voiced approval. Public Comments: Steve Dummit, Vice President of the Atascadero Little League, spoke in support of their request. He suggested that a painted metal building structure would be easier less expensive to construct. Councilman Luna inquired if estimates had been obtained. Mr. Dummit indicated that they had and a savings of approximately $1 ,500 could be achieved by going with a metal building option. George Beatie, Chairman of the Parks & Recreation Commission, explained that T1-11 siding had been recommended by the Commission primarily because it would match the existing buildings. He indicated that he could support a metal building if it was painted to blend and fit in with the concept of the park. Steve Dummit, responding to inquiry from Councilman Luna, noted that Little League season starts in March and construction would begin late spring. He also suggested that maintenance would be much easier with a metal building and added that brochures could be made available. ---End of Public Testimony--- Brief Council discussion ensued. Councilman Luna proposed that the matter of the building construction be referred back to the Parks & Recreation Commission. MOTION: By Councilman Johnson, seconded by Councilman Luna to accept [Request #31 Alternative #1 with a proviso that the building be referred back to the Parks & Recreation Commission for approval. Discussion on the motion: Councilman Highland indicated he wanted assurance that the structure would be temporary and replaced within seven years. He proposed that Alternative #3 would be a better solution and suggested that reference to T1-1 1 siding be deleted. Andy Takata advised the Council to refer approval of building materials to the Parks & Recreation Commission. Amendment & Vote: The motion maker and second agreed to amend the motion to read: To accept [Request #31 Alternative #3 with the CC 01/10/95 Page 10 proviso that the building be referred back to the Parks & Recreation Commission for approval. Motion passed 5:0 by roll call vote. MOTION: By Councilman Carden, seconded by Councilman Luna to approve [Requests] #1 and #2, and in addition make a commitment to the $9,600 to be prorated to the CPI; motion passed 5:0 by roll call vote. 4. COMMITTEES & COMMISSIONS A. Procedures for selecting committee, commission & board members The City Clerk provided an overview of the staff report and recommendations. Brief Council questions followed. Councilman Carden inquired whether or not it was legal to maintain an application pool and not advertise when there is an unexpected vacancy. Art Montandon advised that there is a legal requirement that every year the City Clerk advertise the terms that will expire and the names of those people holding positions. The City Clerk added that the City does meet the "Maddy Act" requirement as explained by the City Attorney and suggested that applications be accepted year-round to supplement the application "pool". . Public Comments: Rush Kolemaine indicated that he was in support of the recommendation to implement an application pool but voiced some opposition to the selection provision (Section 4(c)). William Zimmerman commented that he also had some concerns about the selection process. ---End of Public Testimony--- General Council comments followed in support of the recommendations. Councilman Luna suggested that candidates for the Planning Commission be given a packet to include a job description, an explanation of the General Plan and its' role in land use planning, a summary of the "Brown Act" and other information that will educate citizens and potential commissioners. Councilman Carden debated that individuals should, on their own, familiarize themselves with the General Plan to avoid possible pre-conceived ideas about the document. CC 01/10/95 • Page 11 Councilman Johnson suggested that applications be held active in the application pool for six months instead of one year. There was consensus to amend Resolution No. 02-95 by substituting "six months" for "one year" relative to the length of time the application pool remains active. MOTION: By Councilman Luna, seconded by Councilman Johnson to adopt Resolution No. 02-95 as amended; motion passed 5:0 by roll call vote. B. Ordinance No. 282 - Amending Parks & Recreation Commissioner terms (cont'd from 11/8/94) (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Brady Cherry provided the staff report and recommendation. There were no comments from the Council or public. MOTION: By Councilman Luna, seconded by Councilman Highland to waive the reading in full and read Ordinance No. 282 by title only; motion carried unanimously. MOTION: By Councilman Luna, seconded by Councilman Highland to introduce Ordinance No. 282 on first reading; motion carried unanimously. C. Planning Commissioner recruitment - Direction for replacing Dennis Lochridge The City Clerk provided the staff report. Brief discussion ensued. The City Council directed the City Clerk to contact the applicants that were interviewed on August 30, 1994, but who were not selected, and ascertain continued interest in serving on the Planning Commission. if six or more applicants are still interested, the Council agreed to make an appointment, by simple motion, from one of those candidates at the next meeting. D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments (COG)/S.L.O. Regional Transit Authority (SLORTA) - Councilman Carden noted that COG would meet the following day, Wednesday, January 11 , 1995. CC 01/10/95 Page 12 • 2. County Water Advisory Board/Nacimiento Water Purveyors Advisory • Group - Councilman Highland reported that the Water Board had met on January 4, 1995 to review the five-year update of the County Water Master Plan and a groundwater management report. 3. Air Pollution Control District (APCD) - Councilman Carden reported that the APCD would be meeting on January 18, 1995. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Highland noted that it was the City of Atascadero's responsibility to host the next North County Summit meeting and asked staff to report on what arrange- ments have been made to schedule it. Andy Takata requested members of the Council to inform staff of available dates and reported that the only item presently set for action is the ratification of the steering committee's recommendations regarding formation of the North County Council. Councilman Carden noted that he would be on vacation March 21 st. 2. City Clerk Lee Price reported that a recruitment had been held to solicit interest from local teens who would like to serve as the Youth Representative on the Parks & Recreation Commission. Six applications had been received, she reported, and explained that the selection procedure for youth representatives calls for a sub-committee of the Council to be appointed by the Mayor. Mayor Bewley asked members of the Council to let him know who would be willing to serve. Appointments to the sub-committee will follow on January 24, 1995. 3. City Treasurer Micki Korba reported that the City's investment policy adopted annually over the past four years was based on exemplary policies and guidelines provided by the California Municipal Treasurer's Association and the National Municipal Treasurer's Association, as well many other city policies. She added that the policy was tailored to fit the needs of Atascadero and reported that the Finance Committee will be meeting soon to review the policy. In closing, the City Treasurer commented that because the City is not planning on depositing any more monies into the Orange County Investment Pool, the matter of approving a revised investment policy is not urgent. CC 01/10/95 Page 13 4. City Manager Andy Takata announced that grant funding for acquisition of Stadium Park has been recommended for approval by the local Caltrans staff and by staff at the California Transportation Commission (CTC). Henry Engen reported that transportation enhancement program funding will be heard by the CTC February 22-23 in Sacramento. The City Manager presented an overview of agenda matters set for the next regular meeting. Councilman Carden asked the Manager when the Council could expect to address service levels. Andy Takata reported that staff is intending to bring the matter to the Council during the mid-year budget review (late February). The Mayor adjourned to Closed Session at 10:47 p.m. F. CLOSED SESSION: 1. CONFERENCE WITH LABOR NEGOTIATOR: Negotiator: City Manager Employee Organizations: Service Employees International Union, Atascadero Police Officers Association, Atascadero Sergeants Service Organization, Atascadero Safety Technicians Organization, Mid-Management Bargaining Unit, and Management Bargaining Unit 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Employee: Police Officer 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION CASE: Santa Lucia Neighbors Association, Inc. v. City of Atascadero Closed Session was adjourned at approximately 11 :05 p.m. The City Attorney noted that Items #1 and #2 had been taken off the Closed Session agenda and not discussed. Regarding Item #3, it was reported that the City Council agreed to extend the Interim Operations Agreement regarding the Millhollin Mine for an additional two weeks. CC 01/10/95 Page 14 THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, JANUARY 24, 1995 AT 7:00 P.M. MINUTES RECORD AND PREPARED BY: LEE PRICE, City Clerk Attachment: Exhibit A (Torgerson) CC 01/10/95 Page 15 MARCIA MCCLURE TORGERSON 6200 Llano Road Atascadero, CA 93422 466-7980 January 10, 1995 cc 01/10/95 EXHIBIT "A" Mr. Mayor and Councilmen: I would like to request that you update the public regarding the Interim Operations Agreement that was effective September 30, 1994 and signed by the City of Atascadero, the County of San Luis Obispo and Mr. & Mrs. Glenn Millhollin on October 10, 1994. On page 3 of the agreement, it states that the owners of the Millhollin Mine agree to submit an application for an amended reclamation plan for the quarry and/or other development application. The agreement goes on to state that said application shall be submitted to, and accepted as complete by, the City within 90 days of the effective date of the agreement. The 90 day time limit was December 30, 1994. The Millhollin's did submit a development application on December 2, 1994. However, according to your Planning Department's written response to their application, dated December 21 , 1994, the application is incomplete. The Planning Department listed no less than 10 reasons for their conclusion. Also, the City's Engineering Department also has a long list of reasons why the application is incomplete. Therefore, as of December 31 1994, the agreement has been violated by the Millhollins. As each day passes, with the City doing nothing, the mine continues to operate in violation of the Interim Operations Agreement. The agreement states that the City will initiate enforcement action if there is a breach of this agreement. Well, there has been a breach of the agreement and the public has a right to know what the City is going to do about this. I was told, by the City Attorney, before the signing of this document that the beauty of this agreement was that we finally had a signature of the parties on an agreement saying they would submit a complete application by a certain date. That had been the problem for the past year and a half. The City would give a time limit for submitting an application and the Applicant would repeatedly submit incomplete applications. The City Attorney assured me that the City would enforce a violation of a signed agreement. Why hasn't the City taken action as of December 31 , 1994? Is the City going to initiate civil enforcement action against the Millhollins? If not, will you be in violation of your Lead Agency responsibilities? Are you aware of the possible consequences that can be imposed on the City by the State Department of Mining as a result of neglecting your Lead Agency responsibilities under SMARA? r (2) You seem to be so worried of being sued by the mine owner that you have lost sight of your obligations to your citizens. Instead of doing what is right, you are busy scrambling to avoid possible litigation. Again, I repeat, the public has a right to know what the City is going to do about the violation of this agreement. Sincerely, Ul/- Marcia McClure Torgerson /m REPORT TO CITY COUNCIL Meeting Date: 02/14/95 CITY OF ATASCADERO Agenda Item: A-2 Through : Andy Takata, City Manager From: Bradford Whitty, Finance Director SUBJECT: Payment of Audited Bills and Payroll for the month of December , 1994 and January, 1995 . RECOMMENDATION: Approve certified City accounts payable, payroll and payroll vendor checks for the months of December, 1994 and January, 1995 . Attached, for City Council review and approval , are the following: A. Payroll Period End 01 /06/95 Ck. #19522-19684 $131 , 187 .54 Period End 01 /20/95 Ck. #19688-19843 131 , 962 .85 B. Special Payroll C. Payroll Vendors Dated 12/31 /94 Ck. #19111-19115 33, 792. 97 Dated 01 /17/95 Ck. #19119-19136 66, 219 .49 Dated 01 /30/95 Ck. #19145-19160 65 , 720.83 D. Accounts Payable Ck. #19141-49234 347 , 685. 94 The undersigned certifies that the attached demands have been released for payment in the total amount of $776,569.62 and have been reviewed in conformity with the budget of the City of Atascadero and that funds are available for these demands. 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"C. a, C CC m cc cc cc CC CC ul D, c?, Z% a, Z, cr, 0, 1), a a, Y ss -s Es� E is: is is s zs� s. 0 � C�- � C, is s C- s ;S� cf, :r 0000,07 #60 v,.,, %.0 ; \ [ 2222 uuLiL)UL-) U.:U.: i u:Lo w. eee uj W, u 12: LD L.!i a ; aeeeee lcoc000 -D c N N U-j S N 7 C, H N CN N ip n s -T co 4, C-i H is CD G i M- i CE-1 il « \ } � � } H EF, `0 � xzo� w ; O aj C, -C <E < x cj ai »zI- af m :3 4-0 c tt xxa a, Z 1 fr. 000008 Meeting Date: 2/14/95 Agenda Item: #A-3 Resolution No. 06-95, authorizing the City Engineer to sign quitclaim deeds on behalf of the City, has been pulled by staff and continuance is requested. 000009 REPORT TO CITY COUNCIL Meeting Date: 2-14-95 CITY OF ATASCADERO Agenda Item: A-4 Through: Andrew J. Takata, City Manager Via: Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Division SUBJECT Establis-hment-o-f-- stop- intersection. RECOMMENDATION The Traffic Committee recommends that Council adopt Resolution No. 07-95 creating a stop intersection on Cole Court at the intersection with Portola Avenue. DISCUSSION The installation of a stop sign at this location is a condition of development of the Cole Court project. At this time it is requested that Council formally adopt a resolution approving the stop intersection. OPTIONS 1) Approve Resolution No. 07-95 2) Deny Resolution No. 07-95 3) Return to Traffic Committee for further consideration. FISCAL IMPACT The cost of this installation will be paid by the Developer. Attachment: Resolution No. 07-95 000010 RESOLUTION NO. 07-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP CNTERSECTION ON COLE COURT AT PORTOLA AVENUE WHEREAS, Section 4-2 .801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that Establishing a STOP intersection at the location described on attached Exhibit "A" will improve a hazardous traffic condition. NOW, THEREFORE, BE IT -RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above. On motion by Councilmember and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 000011 EXHIBIT A RESOLUTION NO. 07-95 Lv pR pow stop GOLr e1�11�7. POR7Z�LA �Vt v 000012 REPORT TO CITY COUNCIL Meeting Date: 2-14-95 CITY OF ATASCADERO Agenda Item: A-5 Through: Andrew J. Takata, City Manager Via: Henry Engen, Director of Community Development A& From: Valerie Humphrey, Engineering Division SUBJECT Establishment--o-f Stop intersection-;--- RECOMMENDATION The Traffic Committee recommends that Council adopt Resolution 14o. 08-95 creating a stop intersection on Valle Avenue at the intersection with Palomar Avenue. DISCUSSION This location is currently an uncontrolled "T" intersection. It is the opinion of the Traffic Committee that by placing a stop sign on Valle Avenue that the safety at this location will be improved. OPTIONS 1) Approve Resolution No. 08-95 2) Deny Resolution No. 08-95 3) Return to Traffic Committee for further consideration. FISCAL IMPACT The cost of this installation will be approximately $100. 00 to be paid out of currently budgeted funds. Attachment: Resolution No. 08-95 • 000013 RESOLUTION NO. 08-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON VALLE AVENUE 0 AT PALOMAR AVENUE WHEREAS, Section 4-2 .801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that Establishing a STOP intersection at the location described on attached Exhibit "A" will improve a hazardous traffic condition. NOW, THEREFORE, BE- IT- RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above. On motion by Councilmember and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: 0 ADOPTED: ATTEST: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 0 uo-0014 EXHIBIT A RESOLUTION NO. 08-9 L • PRO G-rop S/C7A/ 000015 MEMORANDUM TO CITY COUNCIL AGENDA ITEM: A-6 DATE: 2-14-95 THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Director Department of Community Services SUBJECT: Resolution authorizing a two year service agreement with Lee Wilson Electric Company for Traffic Signal maintenance. RECOMMENDATION• It is recommended that the City Council approve the attached Resolution No. 05.-95 for an agreement for traffic signal maintenance services. BACKGROUND: For the past several years, the City of Atascadero has contracted with Lee Wilson Electric Company for traffic signal maintenance in the City. During this time, the City staff has been entirely satisfied with the services provided by the contractor. For the term of the previous contract, the contractor did not request any rate increases. Brian Sword, Street Maintenance Supervisor, has investigated other potential contractors for traffic signal maintenance, and found Lee Wilson Electric Company to be the only service provider in our local area. The closest service provider other than our existing provider appears to be in San Jose, California. Given the need to have a traffic signal maintenance contractor in close proximity to perform emergency repair to malfunctioning signals, it is staff's opinion that Lee Wilson Electrical Company should be considered a "sole source provider" at this time. Coupled with the company's excellent service record with the City, staff is comfortable recommending approval of the contract. "Sole source provider" status precludes the need to conduct a formal bid process. FISCAL IMPACT The "base sum" the City will pay the contractor for signalized maintenance will be $540. 00 per month. In addition, the City will pay the contractor $96. 00 per month for each signalized intersection listed in Exhibit "A" . Emergency call outs, equipment rates and repairs are additional. On average, the City can expect to see total monthly bills of $3 , 000-$6, 000 per month, depending upon repairs needed. We can anticipate total, annual cost of the contract to be approximately $40, 000. cctraff2.rep 000014G RESOLUTION NUMBER 05-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LEE WILSON ELECTRIC COMPANY, A CALIFORNIA CORPORATION FOR THE MAINTENANCE OF TRAFFIC SIGNALS The City Council of the City of Atascadero, California, hereby resolves as follows: 1 . The Mayor is hereby authorized to execute an agreement with Lee Wilson Electric Company for maintenance of traffic signals. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, held on the 14th day of February, 1995. ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney APPROVED AS TO CONTENT: BRADY D. CHERRY, Community Services Director 00001'7 Contract No. 95 002 i AGREEMENT FOR SERVICES OF CONTRACTOR or CONSULTANT SERVICES AGREEMENT This agreement is made upon the date of execution, as set forth below, by and between Lee Wilson Electric Company, hereinafter referred to as "Contractor" , and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City. " The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1. 01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1. 02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit All hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1. 03 COMPENSATION: In consideration for the services to be performed by Contractor, City agrees to pay Contractor the consideration set forth in the amounts and under the terms provided in "Exhibit B" , hereby incorporated herein. 1. 04 ADJUSTMENT OF RATES: Adjustment of the 'costs set forth in "Exhibit B" may be renegotiated by the parties on each annual anniversary of the effective date of this contract; provided, however, that any increase in such rates shall be in the sole discretion and subject to the approval of the City Council. Any insurance increases may also be negotiated at that time. any change in rates shall be reflected in amendments to this agreement by attaching a new exhibit to this agreement which indicate the date upon which the change is to become effective and the increase in rate at it applies to "Exhibit B" . 1 000018 1. 04 SERVICE ADDITIONS: Any additions or amendments to the scope of signal maintenance, as identified in "Exhibit All shall be subject to the compensation set forth in this agreement and prior approval of both parties. 2 . 00 OBLIGATIONS OF CONTRACTOR 2 . 01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Con- tractor's sole discretion, as long as the performance of these extra-contractual services does not interfere with or presents a conflict with City's business. 2 . 02 TOOLS, EQUIPMENT & MATERIALS: Contractor shall provide all tools to perform the services under this agreement. 2 . 03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to work- er's compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Con- tractor's employees or agents. 2 . 04 IDENTIFICATION: Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, of- ficers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such opera- tions be by Contractor or by any one or more persons direct- ly or indirectly employed by, or acting as agent for, Con- tractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. 2 000019 b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies snail have been determined to be applicable to any of such damages or claims for damages. 2. 05 INSURANCE: Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this contract, whether such operations be by Contractor or by anyone directly or indirectly employe Contractor . and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $1,00,000,000 for injuries, including, but not limited to death to any one person and, subject to the same limit for each person, in an amount not less than $1,000,000, 000 on account of any one occurrence; (2) Property Damage Insurance. In an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. (3) Comprehensive Automobile Liability. Bodily injury liability coverage of $500, 000 for each person in any one accident and 1,000, 000 for injuries sustained by two or more persons in any one accident. Property damage liability of $50, 000 for each accident. (4) Worker's compensation insurance. In the amounts required by law as set forth in Section 2 . 03 above. 3 000020 b. PROOF OF INSURANCE. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability of insurance shall name City as an additional insured with the Contractor. 3.00 OBLIGATIONS OF CITY 3 . 01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 4.00 TERMINATION OF AGREEMENT 4 . 01 TERMINATION ON NOTICE: Notwithstanding any other pro- vision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least 60 days prior written notice to the other parties to this agreement. 4 . 02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the sixty (60) days as set forth in Section 4.01; (5) End of the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 4 . 03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agree- ment or materially breach of any of its provisions, a non- breaching party, at their option, may terminate this agree- ment, immediately, by giving written notice of termination to the breaching party. 4 . 04 TERMINATION: This Agreement shall terminate on December 31, 1997, unless extended as set forth in this Section. The City, with the agreement of the Contractor, is authorized to extend the term if this Agreement beyond the termination date, as needed, under the same terms and condi- tions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. 4 000021 5.00 SPECIAL PROVISIONS None. 6.00 MISCELLANEOUS 6. 00 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 6. 01 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a con- tinuing waiver or a waiver of any subsequent breach of this agreement. 6. 02 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03 . 6. 03 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the pre- vailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 6. 04 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to 'secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; pro- vided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered dif- ficult or impossible solely because of the financial condi- tion of the party required to perform the act. 6. 05 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally deliv- ered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: 5 000022 PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: Brady Cherry Community Services Department B. LEE WILSON ELECTRIC CO. P.O. Box 250 Arroyo Grande, Ca 93421-0250 6. 06 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 6. 07 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, ad- ministrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 6. 08 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legis- lative or rule-making act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 6. 09 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 6. 10 TIME: Time is expressly declared to be of the essence of this agreement. 6. 11 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 6 000023 6. 12 CONSTRUCTION: The parties agree that each has had an • opportunity to have their counsel review this'- agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for con- venience and reference only, and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 6. 13 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this agreement. Executed on , 199_,at Atascadero, California. Attest: CITY OF ATASCADERO By: LEE PRICE R. DAVID BEWLEY City Clerk Mayor Approved as to form: LEE WILSON ELECTRIC COMPANY A California Corporation By: ART MONTANDON, Contractor City Attorney Lee Wilson III, Vice-President a: \co.trl 7 000024 EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY THE (CONTRACTOR) (CONSULTANT) Contractor shall provide the following services and materials: A. All tools, equipment, materials, labor, and traffic control to perform in a good and workmanlike manner, subject to the inspection and approval of the City by and through the Director of community Services Department or his designated appointed inspectors or representative, all work necessary to maintain in an operable and safe condition, the traffic signal facilities at: 1. E1 Camino Real at San Anselmo 2 . E1 Camino Real at Traffic Way 3 . El Camino Real at Curbaril 4. El Camino Real at Palomar 5. El Camino Real at Santa Rosa 6. El Camino Real at Del Rio Road B. Inspection, cleaning and adjustment of each signalized intersection, controller unit, and all related components once each month during the term of this contract. C. Maintain a record such that all maintenance performed at each of the signalized locations shall be recorded as to date, time, work performed, and by whom. This record, along with a copy of the controller program sheet, shall be maintained and become a permanent file within each controller cabinet. Except for temporary repair, no such controller unit shall be replaced without the prior approval of the City, acting by and through the Director of Community Services Department or his designated appointed inspector or representative. D. Replacement and/or repair of any and all defective or worn out parts in any of the signals which cause a signal failure or malfunction as the occasion arises. E. Replacement of all lamps in all signals using a standard of an eighty percent (80%) depletion curve, but not to exceed a period of twelve (12) months using standard traffic signal lamps. the replacement of burned out lamps shall not be on an emergency basis, provided there are at least two (2) indications still operative for each direction of travel. In such case, replacement shall be handled as soon as possible in a routine manner. F. Cleaning, polishing and inspection of all lenses and reflectors in each signal at the time lamps are replaced therein. At such time as lamps are replaced in each signal, contractor 8 000025 shall replace or change all broken or deteriorated parts in such signal, as necessary. G. In the course of traveling to and from locations of the equipment to be serviced, Contractor shall observe the signals at other intersections designated above for possible malfunctions. H. Maintenance of a 24- hour per day emergency service for the replacement of burned out lamps or controller unit malfunctions. In the event of an emergency, contract for service shall be made to those of Contractors personnel listed in Exhibit "C" . I. Contractor shall provide the same service for repair of other equipment and appurtenances at locations which are not shown including, but limited to, safety light, pedestrian signals and detector devices which City may request Contractor to repair, replace or refurbish from time to time. J. The contractor will locate loops at the city's request to the best of the contractor's ability. The contractor will not be responsible for incorrect markings. 9 0000.`4; EXHIBIT B CONSIDERATION FOR SERVICES Contractor shall be paid as follows: A. For each signalized intersection listed in Exhibit "A", attached hereto, including services required, City shall pay Contractor the sum of Five Hundred and Forty Dollars ($540. 00) which shall hereinafter be defined as the "Base Sum" which represents the amount agreed upon for annually re-lamping (Labor, equipment and materials) each signalized intersection. B. In addition to the Base Sum, City shall pay a the sum of Ninety-Six Dollars ($96. 00) per month for each signalized intersection listed in Exhibit "A", except when such repairs or services are necessitated by the obsolescence of the equipment or damage, including but not limited to collision, acts of God or vandalism for all services listed. This sum represents the amount agreed upon for the monthly testing, cleaning and inspection of each signalized intersection and all related components. C. In addition to the base sum and those payments provided above, City shall pay Contractor labor costs at the prevailing standard rates, as set forth in Exhibit "B" attached hereto, for services a\rendered pursuant to the above. D. For any services provided pursuant to the above, the rates set forth in this exhibit ("B") shall be charged. The rate schedule set forth below shall apply. RATES Monthly Maintenance Charge. . . . . . . . . . . . . . . . . . . . . . . . . . $96. 00 (per month per intersection) Emergency Call Outs: Regular Hours (8: 00 a.m. - 4 : 30 p.m. ) . . . . . . . . . . $53 . 00 / Hour Overtime Hours (4: 30 p.m. - 8 : 00 a.m. ) . . . . . . . . . $73 . 00 / Hour Overtime Hours (Saturday) . . . . . . . . . . . . . . . . . . . . . . $73 . 00 / Hour Overtime Hours (Sunday & Holidays) . . . . . . . . . . . . . $93 . 00 / Hour Equipment Rates: Service Truck. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7. 50 / Hour Bucket Truck. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $23 . 00 / Hour Crane Truck. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $24 . 50 / Hour Material Rates: Material to be billed at cost plus 15 percent (15%) (Cost based on end column of Biddle Trade Book) 10 000027 EXHIBIT D PLACE OF WORK . Signalized Intersections: 1. El Camino Real at San Anselmo 2 . E1 Camino Real at Traffic Way 3. El Camino Real at Curbaril 4. E1 Camino Real at Palomar S. El Camino Real at Santa Rosa 6. E1 Camino Real at Del Rio Road i a: \co.trl 12 000029 REPORT TO CITY COUNCIL Meeting Date : 02/14/95 CITY OF ATASCADERO Agenda Item: C-1 Through: Andy Takata, City Manager (�- From: Bradford Whitty, Finance Director SUBJECT: City of Atascadero' s audited financial statements for the year ending June 30 , 1994 . RECOMMENDATION: Staff is recommending that the City Council accept the audited financial statements as of June 30, 1994 . BACKGROUND• The City has retained the independent accounting firm Moss Levy & Hartzheim, CPA' s , to perform the annual audit of the financial records . The statements have been distributed to you under a separate cover . DISCUSSION: This audit presents the second year which Moss Levy & Hartzheim (MLH) has performed the audit . A copy of the Independent Auditor ' s Report is shown as Attachment A. MLH does not express an opinion on the General Fixed Assets Account Group because the -City has not maintained a complete record of the historical costs associated with the assets . This has been an ongoing problem with the city and will be corrected by the completion of this year ' s audit . The other financial statements present fairly , in all material aspects , the position of the City as of June 30 , 1994 . MLH has placed a "Going Concern" statement in the report for two reasons . First , the City incurred a $120 , 603 surplus of revenues and other sources over expenditures and other uses with the General Fund ending balance of $32 , 875 . This represents only . 45 percent of total general fund expenditures . For comparative purposes , the previous year ' s General Fund incurred excess expenditures over revenues and a negative fund balance of $( 27 , 117 ) and $ ( 79 , 166) , respectively . Generally, the fund balance would have to be approximately $330 , 000 or 5 percent of general fund expenditures in order to remove the going concern issue . 000030 Agenda C-1 . Page 2 Second, the Orange County Investment Pool (OCIP) froze substantially all of the City' s cash on December 6. 1994 . (See Note 19 in the financial statements ) While the event took place after the balance sheet date of June 30 , 1994 , Generally Accepted Accounting Frinciples requires that subsequent events that can materially effect the financial condition of an entity must be reported in the financial statements . Thus , all the funds that had monies held in the OCIP recognized unrealized losses in the financial statements . As of January 19 , 1995 , it was estimated that the Citywill eventually receive approximately 77 cents on the dollar . However , this figure is likely to be adjusted upward as the investor ' s negotiate a settlement with Orange County. The City' s financial statements will be adjusted in the future when the settlement occurs . Attachment B presents the balance sheet for the General Fund only for the years ending 1994 and 1993 . The fund has not materially changed between the years . The fund balance is designated for the future library expansion. As outlined in Note 18 to the financial statements , management is working on increasing the City' s reserves through revenue enhancements and establishing more overviews of costs . The City reserves will only increase through the combined efforts of the City Council , staff , and public . Such efforts are necessary if the City wishes to continue directing it ' s own destiny. 000031 Attachmen A MOSS, LEVY & HARTZHEIM CERTIFIED PUBLIC ACCOUNTANTS 'A PARTNERSHIP OF PROFESSIONAL CORPORATIONS PARTNERS: 802 EAST MAIN STREET ROBERT M.MOSS.C.P.A.' SAMA MARIA.CA 93454 RONALD A.LEVY,C.P.A.' PHONE:(805)925-2579 CRAIG A.HARTZHEIM.C.P.A.' FAX:(805)925-2147 INDEPENDENT AUDITORS' REPORT ON FINANCIAL STATEMENTS Honorable Mayor and City Council City of Atascadero Atascadero, California We have audited the accompanying general-purpose financial statements of the City of Atascadero, as of June 30, 1994 and for the year then ended, as listed in the table of contents. These general-purpose financial statements are the responsibility of the City of Atascadero's management. Our responsibility is to express an opinion on these general-purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes iexamining, on a test basis,evidence supporting the amounts and disclosures in the general-purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management,as well as evaluating the overall general-purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. The City does not maintain a complete record of the historical cost of its fixed assets. Accordingly,the financial statements do not include the general fixed assets group of accounts,which should be included in order to conform with generally accepted accounting principles. The amount that should be recorded in the general fixed assets account group is not known. In our opinion, except for the effect on the financial statements of the omission of the general fixed assets account group, the general-purpose financial statements referred to above present fairly,in all material respects, the financial position of the City of Atascadero,as of June 30, 1994, and the results of its operations and cash flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles. Our audit was made for the purpose of forming an opinion on the general-purpose financial statements taken as a whole. The combining and individual fund financial statements and schedules listed in the table of contents are presented for the purposes of additional analysis and are not a required part of the general-purpose financial statements of the City of Atascadero. Such information has been subjected to the auditing procedures applied in the audit of the general- purpose financial statements and, in our opinion, is fairly presented in all material respects in relation to the general-purpose financial statements taken as a whole. OFFICES: BEVERLY HILLS • SANTA MARIA x00032 MEMBER AMERICAN INSTITUTE OF CPA S•CALIFORNIA SOCIETY OF CPA's.CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS•CALIFORNIA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS Attachment A , Page 2 The accompanying financial statements have been prepared assuming that the City of Atascadero, California will continue as a going concern. As discussed in Note 19 to the financial statements,the City incurred a$120,603 surplus of revenues and other sources over expenditures and other uses within the general fund for the year ended June 30, 1994, however the general fund balance is $32,875. This represents only 0.45 percent of total general fund expenditures and other outgo. In addition, the Orange County Investment Pool froze substantially all of the City's cash on December 6, 1994 (Note 19). This raises substantial doubt about the City's ability to continue as a going concern unless it can increase its revenues and other sources,reduce its expenditures and other uses and gain access to its cash. Management's plans in this regard are also described in Note 18. These financial statements do not include any adjustments that might result from the outcome of this uncertainty. MOSS, LEVY & HARTZHEIM V"41 V 41 November 16, 1994 except for footnote 19 as to which the date is January 19, 1995 000033 Attachment B CITY OF ATASCADERO BALANCE SHEET GENERAL FUND June 30, 1994 Assets and Other Debits 1994 1993 Cash and investments $ 77 , 718 $ 0 Cash invested with Orange County for repayment of TRAN 2 ,070, 969 2 , 079 , 778 Receivables : Accrued interest 45 , 788 37 ,807 Other receivables 189 , 367 273 , 170 Prepaid expenses 0 14 ,013 Due from other funds 241 , 353 0 Performance Bond Deposits 262 , 776 297 , 662 Total Assets and Other Debits $2, 887 , 971 $2 , 702, 430 Liabilities and Fund Equity Liabilities : Accounts payable $ 184 , 034 $ 137 , 892 Accrued salaries & benefits 83 , 462 106, 750 Accrued interest payable 69 , 806 50 , 019 Deferred revenue 0 13 , 742 Due to other funds 0 76, 505 Deposits 412 , 229 317 , 048 Accrued leave payable 99 , 025 79 , 640 Notes payable 2, 000 , 000 2 ,000 , 000 Other payables 6 , 540 0 Total Liabilities 2, 855 , 096 2 , 781 , 596 Fund Equity: Fund Balances : Reserved for library expansion 32 , 875 35 , 000 Reserved for encumbrances 0 4 . 723 Unreserved : Undesignated 0 ( 118, 889 ) Total Fund Equity 32 , 875 ( 79, 166 ) . Total Liabilities & Fund Equity $2 , 887 , 971 $2 , 702 , 430 ---------- ----------- ---------- ----------- 000034 REPORT TO COUNCIL Meeting Date: 2-14-95 CITY OF ATASCADERO Agenda Item: C-2 THROUGH: Andy Takata, City Manager VIA: Henry' Engen, Director of Community Development FROM: Mark Markwort, Chief of Wastewater Operations SUBJECT• Proposed City Ordinance No. 283 , amending Title 7-3 . 003 (Sewer connection time limit) of the City Municipal Code (Sanitation Ordinance No. 246) . - RECOMMENDATION• Adopt Ordinance No. 283 on second reading, by title only. 00x035 ORDINANCE NO. 283 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 7 OF THE CITY MUNICIPAL CODE (SANITATION ORDINANCE) RELATIVE TO SEWER CONNECTION TIME LIMITS (City of Atascadero) WHEREAS, the City of Atascadero adopted an ordinance establishing the Wastewater Division of the Public Works Department, and setting Rules and Regulations Thereto (Ordinance No. 181) ; and WHEREAS, the City Council is desirous of amending its wastewater regulations; and WHEREAS, the proposed amendments promote the public health, safety and general welfare; NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows: Section 1. Title 7 of the city of Atascadero Municipal Code is hereby amended as shown on the attached Exhibit A, which is hereby made a part of this ordinance by reference. Section 2 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 3 . Effective Date. 000036 This ordinance shall go into effect and be in full force and effect at 12 . 01 a.m on the 31st day after its passage. Ordinance No. 283 Page 2 On motion by and seconded by ,the foregoing Ordinance is approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney APPROVED AS TO CONTENT: HENRY ENGEN, Dir. Community Development i 000037 EXHIBIT A EXHIBIT A TO ORDINANCE NO. 283 AMENDING TITLE 7. OF THE ATASCADERO MUNICIPAL CODE Chapter 3. SEWER CONNECTION REQUIRED: SEPTIC TANK ABANDONMENT 7-3 . 003 . Sewer connection time limit. When a public sewer becomes available to a building served by a private sewage disposal system, said building shall be connected to the public sewer within—twe —€e rr (24-) menths upon failure of the private sewage disposal system or when system sustains damages estimated to cost one thousand dollars ($1000. 00) or more to repair; before any modification of, or addition to the building which will require system enlargement; or upon transfer of ownership of the property upon which the building is located, after said publie sewer is available and- Said private disposal system shall be abandoned in the manner prescribed by the City Building Department ..'....v.ti..-.i- Division in accordance with the currently adopted edition of the Uniform Plumbing Code unless a variance is granted by the City of Atascadero. 000038 REPORT TO CITY COUNCIL Meeting Date: 2-14-95 CITY OF ATASCADERO Agenda Item: C-3 Through: Andrew J. Takata, City Manager Via: Henry Engen, Director of Community Development4wi From: Valerie Humphrey, Engineering Division SUBJECT: Establishment of No Parking zone on Marchant Way from Pismo Avenue 200 yards- -south.--RECOMMENDATION: It is the recommendation of the Traffic Committee that Council adopt Resolution No. 09-95 authorizing the modifications as described on the attached resolution. DISCUSSION• This issue has come before the Traffic Committee on a number of occasions. In the past the Committee was reluctant to remove any parking at the Lake Park realizing that parking is sometimes at a premium at this location. At this particular location the parking of vehicles at the road edge forces pedestrians into the roadway. The situation is further impacted by a sharp curve where Marchant Way ends and Pismo Avenue begins near the entrance to the parking lot'. Upon review of this issue recently it was the opinion of the Committee that the safety of pedestrians outweighed the parking concerns. In addition, a footpath has recently been completed which allows easier access from the larger lot adjacent to the Zoo to the Pavilion. OPTIONS• 1) Adopt Resolution No. 09-95 2) Deny Resolution No. 09-95 3) Return item to Traffic Committee for further review 000039 RESOLUTION NO. 09-95 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A NO PARKING ZONE ON MARCHANT WAY AT PISMO AVENUE WHEREAS, Section 4-2. 1101, et. seq. , of the Atascadero Municipal Code allows the City Traffic Engineer to designate "No Parking" areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Traffic Committee has determined that establishing a No Parking zone on a portion of Marchant Way will provide for increased pedestrian safety; and NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings as indicated in the attached "Exhibit "A" . On motion by Councilmember , and seconded by Councilmember the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 000040 FISCAL IMPACT• . The cost of these modifications will be approximately $300 for painting and signs to be paid out of currently budgeted funds. Attachments: Resolution No. 09-95 ----------- • 000041 EXHIBIT A RESOLUTION NO. 09-95 P J� �O QP �v P �Qy J� P • f /Yd pAAkf� �9 2� 9 sv C 00 42 REPORT TO CITY COUNCIL Meeting Date: 02/14/95 CITY OF ATASCADERO Agenda Item: C-4(a) Through: Andy Takata, City Manager From: Bradford Whitty, Finance Director ; SUBJECT: Public noticing requirements and related 'costs . RECOMMENDATION: Staff recommends City Council receive the report , review, and provide further direction. BACKGROUND• On January 10 , 1995 , the City Council requested that staff bring back information regarding the City' s public noticing costs and related procedures . This staff report serves to address the associated costs while C-4(b) & ( c) address the procedures . DISCUSSION• The City posted a minimum of 93 public meetings and agendas for the 1993-94 fiscal year at a total cost of approximately $130,000 . The principal departments involved in the process include the city clerk, city manager , community development , and community services . Total costs include salaries and benefits of $103 , 000 , as well as supplies and advertising of $27 , 000. These figures were derived from our consultant (David M. Griffith & Associates ) who prepares our state mandated cost reimbursement forms . One of the state ,undated costs that the City receives a partial reimbursement for is the posting of notices under the Open Meetings Act . The Act only allows reimbursement for the agenda and the posting thereof . The Act does not allow for the costs associated with the staff reports that follow behind the agendas for the meetings . Subsequently, the amount the City of Atascadero will receive for the 1993-94 fiscal year amounts to $7 , 666 or 5 . 8% of our costs . (See Attachment A) As staff met and prepared for this report , we realized that a better method of tracking our costs associated with public noticing must be developed in order for the 000043 MANDATED COST-.S- RM OPEN MEETINGS ACT OMA-1 CLAIM SUMMARY (o1) Claimant: 02 T e of Claim Fiscal Year. Reimbursement 1993-94 -ty of Atascadero Estimated 03) Number of public meetings for which a brief agenda was prepared and posted 93 Direct Costs Object Accounts 04 eim ursa a om onents (c) (d) (e) (t) a b Services Contracte4d Fixed Total Salaries Benefits and Services Assets Direct Supplies Costs 1. City Clerk $391.72 $129.27 $520.98 2. Community Development $490.51 $146.66 $637.18 3. City Manager $1,242.so $387.66 $1,630.16 4. Community Development $141.131 S42.20 $183.33 5. Parks and Recreation $1.572.53 $602.28 $2.174.80 6. Community Development $167.16 $49.98 $217.14 7. Community Development $33.43 $10.00 $43.43 8. City Manager $105.871 $33.03 $138.90 9. City Manager $216.091 $67.42 $141.83 $425.34 10.City Manager 536.01 $11.24 $47.25 11. 12. (05) Total Direct Costs $4.396.94 $1.479.73 $141.83 1 1 $6.018.50 06 n Irect Costs Rate Total From Indirect ICRP Base Costs 1. City Clerk 33.00%1 Salaries $129.27 2. Community Development 28.00% Salaries $137.34 3. City Manager 42.00% Salaries $521.85 4. Community Development 26.00% Salaries $39.52 5. Parks and Recreation 39.00%{ Salaries $61329 6. Community Development 28.00% Salaries $46.80 7. Community Development 28.00% Salaries $9.36 8. City Manager 42.00% Salaries $44.46 9. City Manager 42.00%1 Salaries $90.76 10.City Manager 42.00% Salaries $15.13 11. � 12. (07) Total Indirect Costs $1.647.77 (08) Total Direct and Indirect Costs: [ Line (05)(0 + Line(07)] $7.666.27 Cost Reduction (09) Less: Offsetting Savings, if applicable (10) Less: Other Reimbursements, if applicable (11) Total Claimed Amount: {Line (08) - [Line (09) + line (10)]} $7.666 New 12/91 Chapter 641/86 ATTACHMENT "A" 000045 REPORT TO CITY COUNCIL Meeting Date: 01/24/95 CITY OF ATASCADERO Agenda Item : C-4(b) Through: Andy Takata, City Manager From: Lee Price, City Clerk I�\n SUBJECT: Public Noticing Practices. RECOMMENDATION: Receive, review and provide direction. BACKGROUND: On January 10, 1995, the City Council asked staff to come back with a cost accounting for public noticing practices. That matter is covered by the Finance Director's report (see #C-4(a)). Secondly, staff was directed to present a summary of current noticing practices and suggestions for improving upon the process. This memo and its attachments are provided to address the second request. DISCUSSION: Attached Exhibit "A" outlines what is presently being done in the way of notifying the public about what will be presented on the City Council and Planning Commission agendas. Exhibit "A" also offers some other ideas about improving the process. Exhibit "B", attached, is a summary of public notification practices for land use matters provided'by the Community Development Department. Exhibit "C", also attached, is a copy of a 1994 Planning Commission staff report summarizing matters that come before the Planning Commission for either recommendation to the City Council or for final action. 000046 Item #C-4(b) Exhibit "A" Current Methods of Posting/Advertising City Council&Planning Commission Agendas: ■ Post City Hall ■ Full Agenda Packets available for public review in Room 103 (Information Office) at City Hall and at the Atascadero Branch Library ■ Pursuant to State Law, agendas are mailed to any individual or group who has provided a written request to do so. ■ Agendas are available for the taking in the Information Office and in the Office of the City Clerk ■ The agenda is published in the Atascadero News ■ Local newspapers and radio stations provide public service information regarding items that are coming up on the agenda. Other Methods that are presently being considered that may improve the noticing process: ■ Getting on the "Information Highway" via Slonet (Internet and Muninet accessible). Staff envisions initially placing agendas and general information about the City (how to contact City Officials, meeting dates, etc.) on the computer network and later adding staff reports, environmental impact reports, the General Plan and other informative City documents. Estimated Cost: $240/year and a one-time $20 access fee. ■ Falcon Cable currently provides an informational channel (Channel 6). Agendas may be posted as a free public announcement service. Cable TV may provide additional opportunities in the future. ■ Implementation of a telephone information line that citizens can call and receive a recorded message providing upcoming agenda items and how they can contact their elected officials. Cost to initially implement, minimal costs to upkeep. ■ An agenda subscription service, whereby an individual or group who desires to receive the entire agenda packet will subscribe on an annual basis for the service. (If implemented, the fee will go toward cost recovery). ■ Improved news releases written by City staff for publication and announcement by local media informing the public about matters that are upcoming. ■ Publish agendas in additional newspapers. Costs to publish in other papers will add approximately $300 to monthly publication costs. ■ Personal phone calls to affected parties by staff or City volunteers. 400047 Item #C-4(b) Exhibit "B'e PUBLIC NOTIFICATION PRACTICES City of Atascadero Community Development Department Newspaper Adjoining Property City Hall Type of Application' Notice Owners Posting Posting Comments General Plan Amendment ■ ■ ■ 300' radius notice Zoning Map Change ■ ■ ■ 300' radius notice Plot Plans (bldg. permits) ■ Precise Plans ■ ■ ■ ■ Abutting owner notified Conditional Use Permits ■ ■ ■ 300' radius notice Administrative Use Permits ■ Variances ■ ■ ■ 300' radius notice Adjustments Notice same as application Parcel Maps ■ ■ ■ ■ 300' radius notice Tract Maps ■ ■ ■ ■ 300' radius notice Lot Mergers 0 Lot Line Adjustments ■ Non-conforming lots require hearing Appeals ■ ■ ■ 300' radius notice Road Abandonments ■ ■ ■ ■ Environmental Determinations' ■ ■ ■ Notice same as application Tree Removal ■ ■ Fee Increases ■ ■ Assessment Districts ■ Affected Owners Noticed Annual Sewer Srvc Chgs ■ Notice to Bidders ■ Footnotes: ' Notices must be sent to anyone requesting notification. z CEQA now requires either on and off-site posting of negative declarations or direct mailing to owners an occupants. 000048 Item #C-4 EXHIBIT "C" CITY OF ATASCADERO STAFF REPORT FOR: Planning Commission Date: 08/30/94 File: Planning Commission BY: Henry Engen 4-VC Community Development Director SUBJECT• Matters coming before the Planning Commission. The following is a summary of the matters that come to the Planning Commission for either recommendation to the City Council or for final action. 1 . GENERAL PLAN AMENDMENTS. State law mandates the adoption of a seven-element general plan. It further requires that city actions on any land development be consistent with the General Plan. Amendments are permitted to be considered four times per year. The City has established a cycle whereby privately'-initiated General Plan Amendments are heard twice a year. -April 1 and October 1 are the application deadlines . Should t; e City Council or Planning Commission wish to initiate general plan changes, this leaves two "slots" available for the remainder of the year. Any action to amend the General Plan should be consis- tent with its goals. General Plan Amendments may take the form of either text changes, map changes, or both. Final action on amendments is by the City Council oa recommendation from the Planning Com- mission after public hearings before both 'bodies . 2 . REZONINGS . Amendments to the City' s Zoning Ordinance also require public hearings before the Planning Commission and recommendations on to the City Council. All rezoning actions require findings that they are consistent with the General Plan. As with general plans, zoning amendments may either take the form of text changes or map changes . Text changes have to be author- ized for processing by the Planning Commission or Council before they may proceed to a public hearing. - 18- 000049 3 . ZONING APPROVALS . The City zoning Orina t are summarized as follows ures for a number of entitlements a. p of Pans : This is site plan review of plans for a building permit authorized by the ordinance done at staff level. b. Drar1 SP ?1an: These are projects that are also processed the California at staff level which are required by Environmental Quality Act (CEQA) to have an "environ- mental determination. " This means that they are of a scale or nature which is not exempt from CEQA. Precise Plans, or their conditions of approval, may appealed to the Planning Commission by either the applicants or citizens opposed to the project. C. conditional Use Dermits : Conditional Use trict but are projects which are allowed within a zoning dis which, by their nature or magnitude, could affect surrounding areas. They are, therefore, delegated by the Zoning Ordinance to the Planning Commission for decis- ions . In order to approve a use pernit, certain findings must be made by the ?lanning Commission (refer to Section 9-2 . 109 of the Zoning Ordinance) . d. Varjances: Relief from literal provisions of zoning standards to enable property to be used in the same manner as similar property in a district is also a dele- gated responsibility of the Planning' Comm issioa. Rigid to findings are required to approve variances tar arevent Section 9-1 . 113 of the Zoning Ordinance) , compromising the intent of the City' s regulations . e. Adlustae_=: : Staff is permitted to allow for adjustments of literal requirements of the Zoning Ordinance where reductions in standards (e.g. parking) follow prescribed guidelines . These are generally routine, but may be appealed by the applicant to the Planning Commission. 4 . SUBDIVTS-1-05. Requirements for processing subdivision maps are spelled out in the State Map Act. Essentially, these entitlements take the form of the following kinds of maps depending on the number of lots : a. Parcel Maps b. Tract *taps ( includes condominium conversions) -19- 000050 The above require review at the Planning Commission level, and also action by the Council on the tentative map. Thereafter, final map approval is required by the City Council when the conditions of approval are guaranteed or completed. The key review is the tentative map review when conditions of approval are set, together with the required findings of consistency with the General Plan. In addition to the above, staff has authority to process three other types of map actions: a. Lot Meraers: Which is an alternative to filing a map to combine two or more lots into one. b. Lot Line Adiustments : Which involve minor movement of a lot line between existing lots of record. C. Certificate of Compliance: These are frequently requested on behalf of individuals who require proof that their parcel is a legal lot of record for sale, etc. , and frequently require complex research. 5 . APPEALS. Virtually any action of the staff may be appealed to the Plan- ning Commission. Where the Planning Commission is the final decision-making authority, the Commission' s action may be, appealed to the City Council. 6 . OTHER. The attached Planning Division Application Fees schedule lists the various applications processed by the Planning Division staff (excluding building permits which are under a separate resolution) . Again, any such action (such as home occupa- tions) that would normally be issued by staff may be appealed to the Planning Commission. Further, road abandonments, road name changes, etc. , require hearings before the Planning Com- mission and City Council before they can be finaled. There are also a number of procedural requests that are normally routine and for which fees have been established, e.g. , time extensions, reconsiderations, continuances, etc. There is also provision for a "Planning Commission interpre- tation"�wherein individuals or staff may need clarification of language in the General Plan or Zoning ordinance. -20- 000051 7 . ENVIRONMENTAL DETERMINATIONS. These are basic to virtually any entitlement in that most pro- . jects require a finding that the project will not have a significant adverse effect upon the environment ( "negative declaration" ) or that the environmental report prepared for the project is certified as complete, thereby . permitting action on, the specific project. HE:ph Encl: Planning Division Application Fees -21- 000052 '11 NIA—111 CITY OF ATASCADERO MIA .a�. PLANNING DIVISION • APPLICATION FEES COMMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035 SUBDIVISION APPLICATIONS PROCEDURAL REQUESTS LOT LINE ADJUSTMENT $ 325 TIME EXTENSIONS: TENTATIVE PARCEL MAP $ 865* PRECISE PLAN $ 15 TENTATIVE TRACT MAP $ 865* CONDITIONAL USE PERMITS $ 60 CONDOMINIUM MAP $1,075* PARCEL/TRACT MAP $ 330 CONDO CONVERSION MAP $1,075 RECONSIDERATION $ 225 FINAL MAP(PLANNING) $ 285 CONTINUANCE $ 60 LOT MERGER $ 55 AG PRESERVE CANCELLATION $ 630 CERTIFICATE OF COMPLIANCE $ 150 APPEALS $ 200 GENERAL PLAN AMENDMENTS TREE APPLICATIONS TEXT/MAP AMENDMENT $ 850* REMOVAL: SPECIFIC PLAN: DEAD/DISEASED TREE $ 0 INITIAL REVIEW $ 300 2"-23"DBH $ 35 APPLICATION DC+24% 24"DBH OR GREATER $ 50 TREE PROTECTION PLAN: ONING APPLICATIONS SINGLE FAMILY RESIDENCE $ 50 MULTI-FAMILY,COMMERCIAL, TEXT/MAP AMENDMENT $ 825* ROADS,ETC. $ 200 PREZONING $1,650* ANNUAL UTILITY PERMIT $ 100 VARIANCE $ 475* WOODLOT MANAGEMENT PLAN ADJUSTMENT $ 50 5-9 ACRES $ 250 CONDITIONAL USE PERMIT $ 550* 10-39 ACRES $ 400 PRECISE PLAN $ 400* 40+ACRES $ 600 APPEALS: MISCELLANEOUS SERVICES APPLICANT(1st APPEAL) $ 0 APPLICANT(2nd APPEAL) $ 50 OTHER PARTY $ 50 ANNEXATIONS: INITIAL REVIEW $ 300 E APPLICATION DC+24% NGINEERING SERVICES ENVIRONMENTAL IMPACT REPORT DC+15% FINAL MAP(ENGINEERING) $ 200+DC ENCROACHMENT PERMIT $ 30 ROAD ISSUES IMPROVEMENT PLAN REVIEW $ 200+DC CONTRACT CONSULTANTS COST ROAD ABANDONMENT $ 550* SPCL.INSPECTIONS $ 25/h' ROAD NAME CHANGE $ 475 = DIRECT COST INCLUDES ENVIRONMENTAL DETERMINATION ReWedREWLU OON025-92 3/11/z 0000,53 MEETING ,`- .aA OAT 2E /-- 1�5 ,�A M E 1 (ko Cit O Sail � S ONSPO OFFICE OF THE CITY COUNCIL Post Office Box 8100 • San Luis Obispo,CA 93403-8100 805/781-7119 January 12, 1995 RECEIVED ` JAN 191986 Honorable Dave Bewley ATASCADERO CITY MANAGER Mayor of Atascadero 6500 Palma Street Atascadero, CA 93422 Dear Mayor Bewley: I'm sorry we haven't been able to connect by phone yet. I see your schedule is as busy as mine! I wanted to ensure that I was able to reach you to extend an invitation to hold a joint meeting of the City Councils of Atascadero and San Luis Obispo. Mayor Macklin of Paso Robles and I are also working to establish a joint meeting, tentatively in mid-April. We have many common concerns to discuss, including vital water issues. Please give me a call at your earliest convenience to discuss the concept of a joint meeting. Look forward to hearing from you. Sincerely, ALLEN K. SETTLE Mayor AKS:ss c: John Dunn, SLO City Administrative Officer City Council, San Luis Obispo Andy Takata, Atascadero City Manager City Council, Atasacadero The City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. Telecommunications Device for the Deaf(805)781-7410. 000054 `� REPORT TO COUNCIL Meeting Date: 1-24-95 CITY OF ATASCADERO Agenda Item: B-1 i THROUGH: Andy Takata, City Manager VIA: Henry Engen, Director of Community Development FROM: Mark Markwort, Chief of Wastewater Operations SUBJECT: I Proposed City Ordinance No. 283 , amending Titte 7-3 . 003 (Sewer connection time limit) of the City Municipal Code (Sanitation Ordinance No. 246) . RECOMMENDATION• Approve Ordinance No. 283 on first reading. BACKGROUND: At the November 8, 1994 meeting, Council directed staff to draft a revision to the City ordinance which mandates connection of buildings served by private sewagle disposal systems, to the public sewer, within twenty-tfour (24) months after said public sewer is available'. Council indicated that buildings served by properly operating private disposal systems should be allowed ', to delay connection until failure of their private system or until sale of the property upon which the building is located. DISCUSSION• This more lenient approach to mandatory connection to an available public sewer is proposed in recognitiion of the financial burden which connection to the public sewer has upon residents whose on-site disposal syftems are functioning properly and therefore pose no ",threat to public health. The proposed ordinance would apply to existing buildings, within the Urban Service Line, which currently rely upon on-site sewage disposal systems and to which public sewer is currently available, or becomes available. This ordinance will not apply to ', buildings located in areas where on-site sewage dispos4l systems have been prohibited by the State Regional Water Quality Control Board. i i 3 I 1 y I FISCAL IMPACT• City: This Ordinance will have a minor impact on the Wastewater Facility Account by delaying the receipt of connection/extension fees, which amount to $1788 per single family residence. Residents: By allowing eligible residents to defer connection to an available sewer, costs associated with connection will also be deferred. These costs consist of connection/extension fees, a $37 . 11 septic tank abandonment inspection fee, a $250 sewer tap charge (if necessary) , developer reimbursements fees (if applicable) and the actual cost of abandoning a septic tank and constructing a building lateral to the public sewer main. Developers: Reimbursement of investors for proportionate shares of sewer extension project costs, from property owners who benefit by gaining availability, may be delayed or irreclaimable since reimbursement depends upon connection within a specified time period. Attachments: A) Ordinance No. 283 ORDINANCE NO. 283 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 7 OF THE CITY MUNICIPAL CODE (SANITATION ORDINANCE) RELATIVE TO SEWER CONNECTION TIME LIMITS (City of Atascadero) WHEREAS, the City of Atascadero adopted an Ordinance establishing the Wastewater Division of the Public Works Department, and setting Rules and Regulations Thereto (Ordinance No. 181) ; and WHEREAS, the City Council is desirous of amending its • wastewater regulations; and WHEREAS, the proposed amendments promote the public health, safety and general welfare; NOW, THEREFORE, the City Council of the Cityof Atascadero does ordain as follows: Section 1. Title 7 of the city of Atascadero Municipal Code is hereby amended as shown on the attached Exhibit A, which is hereby made a part of this ordinance by reference. Section 2 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 3 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 . 01 a.m on the 31st day after its passage. Ordinance No. 283 Page 2 On motion by and seconded by ,the foregoing Ordinance is approved by the following role call vote: AYES: NOES• ABSENT: DATE ADOPTED: By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney APPROVED AS TO CONTENT: HENRY ENGEN, Dir. Community Development EXHIBIT A EXHIBIT A TO ORDINANCE NO. 283 AMENDING TITLE 7. OF THE ATASCADERO MUNICIPAL CODE Chapter 3 . SEWER CONNECTION REQUIRED: SEPTIC TANK ABANDONMENT 7-3 . 003 . Sewer connection time limit. When a public sewer becomes available to a building served by a private sewage disposal system, said building shall be connected to the public sewer upon failure of the private sewage disposal system or when system sustains damages estimated to cost one thousand dollars ($1000. 00) or more to repair; before any modification of, or addition to the building which will require system enlargement; or upon transfer of ownership of the property upon which the building is located, aiF said pub3Ae sewer is available aid said private disposal system shall be abandoned in the manner prescribed by the City Building Departme Division in accordance with the currently adopted edition of the Uniform Plumbing Code unless a variance is granted by the City of Atascadero. 1 REPORT TO CITY COUNCIL Meeting Date: 1/24195 CITY OF ATASCADERO AgendO, Item: r-1(A) Through: Andy Takata, City Manager Via: Henry Engen, Community Development Director rel From: Kelly Heffernon, Administrative Analyst i SUBJECT: Status report on solid waste management issues RECOMMENDATION: i That Council review and discuss options concerning solid waste management for Atascadero and appoint a two member City Council subcommittee to review alternatives and report back to the City Council with recommendations. BACKGROUND: 1 As you know, AB 939 requires each city and county in Californias to prepare specific plans to reduce the 1990 levels of landfilled waste 25% by 195 and 50% by the year 2000. In 1990, the seven cities and the County signed a Memorandum of Agreement (MOA) to prepare the mandated plans. The purpose W!, as to share costs in plan development and allow pian consistency for regionally coordinated programs and facilities. The plans were funded through an added 53.00/ton itipping fee charged at the county's three landfills. The MOA is still in effect, which ;means the AB 939 fees are still being collected from all participating jurisdictions.! The Paso Robles landfill has not remitted these earmarked funds since 1993, vV hich also includes Atascadero's share from the past seven months. The Solid Waste Task Force was the local regional planning body which had assistance from both SLOCOG staff and a technical advisory coma ittee (TAC). These bodies generated the Source Reduction and Recycling Element s(SRRE), Household Hazardous Waste Element (HHWE), Non Disposal Facility Elemerjt (NDFE) and Joint Powers Agreement (JPA) which forms the regional Integrated waste Management Authority. Council approved the SRRE, HHWE and NDFE in August 1994 and the California Integrated Waste Management Board (CIWMB) should%give final approval next month. The countywide Siting Element is the last "planning"document that has yet to be generated. Under the original MOA and as required by estate law, all cities and the County are responsible for preparing the Siting Element. On February 2, 1994, Council tentatively approved signing the . PA and joining the regional Authority, which was officially formed in June 1994. Msember jurisdictions include the unincorporated county and the five cities south of 'iCuesta Grade (see Attachment A for a copy of the final JPA document). 1 i 1 DISCUSSION: Integrated Waste Management Authority Representation on the Authority is patterned after SLOCOG with the five county supervisors and one council member from each of the member cities. Equitable representation on the Authority board is seen through the supervote process which prevents the County from exercising undue influence. Since both Atascadero and Paso Robles have not joined, the balance of city members to County members has changed. To date, the City of Paso Robles has shown no intention of joining. The decision for Atascadero to ultimately sign the JPA was put on hold when Wil-Mar chose to take its refuse to the Paso Robles landfill instead of to Chicago Grade. The function of the solid waste Authority is to manage and implement regional programs to accomplish the goals and objectives outlined in the SRRE, HHWE, NDFE and upcoming countywide Siting Element (please see the AB 939 Work Program sent under separate cover for an outline of programs and tasks). The Authority is funded strictly from tipping fees collected at landfills; no general fund contributions are required. The Authority has the power of eminent domain and the power to supersede member powers that are inconsistent with, or interfere with the exercise of Authority powers. The Authority has met four times. Greg Luke and Associates, acting as interim manager, is coordinating the generation of the Siting Element and the recruitment of a permanent solid waste manager. The manager will serve as the Authority's administrative officer to conduct the operations of the Authority and to implement the policies and objectives of the Board. All administrative and program expenses will be funded on an enterprise basis, unless otherwise decided by the Authority, and the Authority will establish and regulate rates charged at any new facility. The JPA document emphasizes minimal staffing, the employment of local resources and the encouragement of private sector participation. Issues The City has been contributing $3.00 per ton in tipping fees for plan development to meet AB 939 mandates since 1990. With the planning process coming to a close, the money has been accumulating as plan implementation funds. One issue is recovering the money from the Authority if Atascadero chooses not to join. Similarly is the issue of reclaiming Atascadero's share of the AB 939 tipping fees from Paso Robles and how that will be administered. The overlying concern is how Atascadero will proceed with AB 939 plan implementation. 2 Options: A. Join the existing solid waste Authority as originally intended' PROS: 1 . Previous investment of time and money into the development of the various plans, which incorporates participation in a countywide Authority. 2. Assurance of optimal participation. 3. Share the burden of costs for all regional programs (e.g. source reduction programs, public education and information, composting and source separation facilities, special waste collection, household hazardous waste programs). 4. Members can decide whether or not to commit their waste/resource stream to a proposed Authority facility after an examination of the benefits of that facility to the region - i.e. optional participation. (Note that no jurisdiction is committed to any program or facility in the JPA, as specified in Section 9: "No Member 'shall be obligated to make any contribution of funds to the Authority for facilities to be established in accordance with Section 5.1 or pay any other amounts on behalf of the Authority, other than is required by this Section 9, without that Member's consent evidenced by '''a written instrument signed by a duly authorized representative of that Member.") 5. The Authority, not the City, would be responsible for all reporting to the state for AB 939 compliance and program implementation, freeing up staff to work on other projects. 6. Works to foster regional consensus. 7. Allows for consistency throughout the County. 8. Offers flexibility and an arena for local participation in the decision making process. 9. Efficiency - eliminates duplication of effort. CONS: 1 . Joining the Authority would likely cause friction between Atascadero and Paso Robles. 2. Atascadero, to some extent, would have to give up some of its local autonomy pertaining to waste management. 3 B. Form a "North County" solid waste JPA with the City of Paso Robles and the unincorporated County PROS: 1. Atascadero's alliance with Paso Robles would be retained. 2. Programs could be tailored to better fit the needs of the North County. 3. The AB 939 tipping fee charge at the Paso Robles landfill becomes less of an issue, so long as both cities and the unincorporated North County benefit and pay equally. 4. The existing JPA could be used as a model for the North County, saving some time. CONS: 1 . Plan implementation will be greatly delayed while the new JPA is being formed. 2. Staff will have less time to work on other projects. 3. The "North and South" County line will be more emphasized causing greater segregation. C. Use existing staff to implement both the local and regional programs outlined in the AB 939 documents and prepare reports for the state PROS: 1 . More local autonomy for waste management. CONS: 1 . Staff will have significantly less time to work on other projects. 2. Plan implementation will be much slower. 3. Specific projects and programs would have to be scaled down. 4. By not participating in the Authority, Atascadero will not be involved with the development of the rules and regulations of implementing the regional programs outlined in the adopted AB 939 documents. Hence, the City will not be fully representing the interests of the rate payers. Encl: Attachment A: Final JPA to form an Integrated Waste Management Authority Separate Cover: Copy of Integrated Waste Management Authority's Work Program . 4 JOINT POWERS AGREEMENT TO ESTABLISH AN INTEGRATED WASTE MANAGEMENT AUTHORITY FOR THE CITIES AND COUNTY OF SAN LUIS OBISPO, CALIFORNIA A l"R i l. G, 1994 • APRIL 6, 1994 . JOINT POWERS AGREEMENT TO ESTABLISH AN INTEGRATED WASTE MANAGEMENT AUTHORITY FOR THE CITIES AND COUNTY OF SAN LUIS OBISPO, CALIFORNIA THIS JOINT POWERS AGREEMENT is made and entered into this 1 Othday of May , 1994 , by and between the incorporated cities of Arroyo Grande, Atascadero, EI Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo California, hereinafter called "CITIES;' and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500. et seq., of the California Government Code (Title 1. Division 7 Chapter 5 Article 1 provides for agreements between two or more public . P ) P 9 agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, suggest, and implement solutions to common solid waste problems; assist with programs by utilizing the professional talents of the various governmental jurisdictions in the County and of experts in various other fields and s to coordinate their efforts; and WHEREAS, the California Integrated Waste Management Act (California Public Resources Code section 40000 et seq.) and all regulations adopted under that legislation • requires, among other things, that certain public agencies in California`make adequate • provision for solid waste management within their jurisdictions; and WHEREAS, the CITIES and COUNTY have the power to plan, acquire, construct, maintain, manage, regulate, operate and control facilities for the collection, transportation, processing and disposal of the solid waste, including recyclables, generated within their jurisdictions; and WHEREAS, the CITIES and COUNTY believe that by combining their separate powers they can achieve their waste diversion goals and satisfy the requirements of the Integrated Waste Management Act more effectively than if they exercise those powers separately; and WHEREAS, the CITIES and COUNTY intend by this Agreement''to exercise their respective powers jointly and to exercise such additional powers as are available for the purpose of achieving their waste diversion goals, complying with the Integrated Waste Management Act and developing integrated resource recovery facilities,for the benefit of all CITIES and COUNTY; and WHEREAS, the CITIES and COUNTY intend, pursuant to this Agreement, to establish a regional agency in accordance with Public Resources Code Section 40973; and WHEREAS, the CITIES and COUNTY intend, pursuant to this agreement and Public Resources Code Section 40973,that said regional agency, and not the CITIES and COUNTY which are members of the regional agency, shall be responsible for compliance with the waste diversion requirements set forth in the Public Resources Code, Article 1 of Chapter 6 (commencing with Section 41780): and • JPADRF fAPR -2- WHEREAS, the CITIES and COUNTY desire to establish and confer upon a • separate legal entity the powers necessary to enable them to achieve their waste diversion goals and to comply with the Integrated Waste Management Act. NOW, THEREFORE, 1T IS AGREED AS FOLLOWS: SECTION 1. Definitions. To the extent that any of the following definitions conflict with any definition set forth in the California Integrated Waste Management Act, (PRC Sec. 40000 et seq.),and the Regulations promulgated thereunder, said Act and/or Regulations shall take priority. The terms defined in this Section that begin in this Agreement with quotation marks have the following meanings: 1 .1 "Act'means the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seq.) and all regulations adopted under that legislation, as that legislation and those regulations may be amended from time to time. 12 "Agreement" means this Joint Exercise of Powers Agreement, as it may be amended from time to time. s •1 .3 "Authority" means the San Luis Obispo County Integrated Waste Management Authority, a joint exercise of powers agency created by the Members pursuant to this Agreement. 1 .4 "Board" means the Board of Directors of the Authority. 1 .5 "City" means any Member that is a city, and "Cities" means all of the M i Members that are crt es. JNMKFTT APR -3- 1 .6 ,Composting Facility" means a facility at which composting is conducted and which produces a product meeting the definition of compost in Public Resources Code (PRC) section 40116. („Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. "Compost" includes vegetable, yard and wood wastes which are not hazardous waste.and biosolids where combined with other organic materials in a mixture that consists largely of decayed organic matter, and is used for fertilizing and conditioning land.) 1 .7 "County" means the unincorporated areas of San Luis Obispo o County, Cal'rfornia. 1 .8 "Fiscal Year' means the period commencing on 'each July 1 and . ending on the following June 30. 1 .9 "HHW' means household hazardous waste as described in the household hazardous waste element as required by the Act (California Public Resources Code Sections 40000 et seg.), as that element may be amended from time to time. 1 .10 "HHWE"means the Household Hazardous Waste Element as required by the Act (California Public Resources Code Sections 40000 et sea.) as that element may be amended from time to time. 1 .11 "Joint Facilities" means a materials recovery facility, composting or HHW Facility, or combination thereof, which is located within the 'boundary of the Authority and is owned by some or all of the members directly, or by the Authority, or by private entity, for the benefit of some or all of the members. i PADRPTT nP R -4- 1.12 "Manager' means the person hired and appointed by the Board as • the Authority's administrative officer to administer the affairs of the Authority and to effect the policies of the Board. 1 .13 "Member' means any of the signatories to this Agreement and "Members" means all of the signatories to this Agreement. 1.14 "MRP' means a"materials recovery facility"which means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the purposes of recycling or composting. (Title 14, Ch. 9, Art. 3, Section 18720, "Definitions") "MRP' means a transfer station which is designed to, and, as a condition of its permit, shall recover for reuse or recycling at least 15 percent of the total volume of material received by the facility. (PRC 50000(a)(4).) 1.15 "NDFE" means a Nondisposal Facility Element as required by the Act (California Public Resources Code Sections 40000 et seg.), as that element may be amended from time to time. 1.16 "Revenue Bonds" means revenue bonds, notes, certificates of participation and any other instruments and evidences of indebtedness issued by the Authority from time to time pursuant to the law or any other applicable law in order to finance the MRF, any Joint Facilities or any Sole Use Facilities. 1.17 "Sole Use Facilities" means an integrated resource recovery facility, performing one or more of the functions of a MRF, composting or HHW Facility which is located within the boundary of the Authority and is owned by one member or a private entity, but in all events is operated for the benefit of one or more, but not all, of the Members. • 1PADRF"iTAPR -S- . 1 .18 "Solid Waste Landfill' shall have the meaning set forth in Section 40195.1 of the Public Resources Code, as that section may be amended from time to time. 1 .19 "SRRE" means a Source Reduction And Recycling Element as required by the Act (California Public Resources Code Sections 40000 et seg.), as that element may be amended from time to time. SECTION 2. Purpose. This Agreement is entered into for the purposes of providing for thei,joint exercise of certain powers common to the Members and for the exercise of such additional powers as are conferred by law in order to achieve our waste diversion goals. The Members are each empowered by the laws of the State of California to exercise the powers specified in this Agreement and to comply with the provisions of the Act and other laws. These common powers shall be exercised for the benefit of any one or more of the Members or otherwise in the manner set forth in this Agreement. The members enter the agreement with the intent to operate the Authority in compliance with the rgquirements of the Act, with a minimum level of staff, addressing those operations and programs that can be most cost-effectivety handled at the regional level by maximizing local resources, private sector participation, and contract services provision. The duties and responsibilities of each city and the County are described in the applicable adopted plans. The Authority is formed with the purpose and intent of • 1PADRFTFAPR -6- facilitating the development of programs and projects that provide economies of scale . without interfering with individual agencies' exercise of power within their own jurisdiction. SECTION 3. Creation of Authority. 3.1 The Members hereby create and establish an authority and public entity to be known as the "San Luis Obispo County Integrated Waste Management Authority," (hereinafter referred to as Authority) it being understood that the Board shall be entitled to change the Authority's name from time to time if it so chooses. The Authority shall be a public entity separate from each of the Members. 3.2 The Authority shall constitute a regional agency pursuant to Public Resources Code Section 40973. Said regional agency, and not the CITIES and COUNTY which are members of the regional agency, shall be responsible for compliance with the waste diversion requirements set forth in the Public Resources Code,Article 1 of Chapter 6 (commencing with Section 41780). In the event that the regional agency fails to comply with said waste diversion requirements, it is expressly understood and agreed that Section 12 of this Agreement shall provide for indemnification for the benefit of the regional ag_pncy and its members as specifically set forth therein. 3.3 The assets, rights, debts, liabilities and obligations of the Authority shall not constitute assets, rights, debts, liabilities or obligations of any of the Members. However, nothing in this Agreement shall prevent any Member from separately contracting for, or assuming responsibility for, specific debts, liabilities or obligations of JPADRFTFAPR -7- • the Authority, provided that both the Board and that Member approve such contract or assumption. SECTION 4. Term. The Authority shall become effective as of the date of this Agreement. It shall continue until dissolved in accordance with Section 13 of this Agreement. However, in no event shall the Authority be dissolved if its dissolution would conflict with or, violate the terms or conditions of any Revenue Bonds or related documentation including, without limitation, indentures, resolutions and letter of credit agreements. SECTION 5. Powers. 5.1 The Authority is empowered to acquire, construct, finance, refinance, operate, regulate and maintain a Solid Waste Landfill, transfer station, a MRF, composting, HHW, or Joint Facilities and Sole Use Facilities subject, however, to the conditions and restrictions contained in this Agreement. The Authority shall also have the power to plan, study and recommend proper solid waste management consistent with the Act and, to the extent permitted by the Act and this Agreement, implement the programs specified in the state approved and locally adopted SRREs, the HHWE, the NDFE, and the Countywide or Regional Siting Element for all or any portion of the area included within the Authority's boundary. Not withstanding any other provisions of this • agreement, the Authority shall not acquire, regulate, set fees for, or operate any solid 1PMR[7n-APR 8 waste landfills, recycling, or composting facilities owned or operated by member jurisdictions without the express written consent of such member(s). 52 To the full extent permitted by applicable law, the Authority is authorized, in :its own name, to do all acts necessary or convenient for the exercise of such powers that each Member could exercise separately including,without limitation,any and all of the following: (a) to make and enter into contracts, including contracts with any Member: (b) to apply for and accept grants, advances and contributions: (c) to contract for the services of engineers, attorneys, accountants, planners, consultants, fiscal agents and other • persons and entities; (d) to make plans and conduct studies; (e) to acquire, improve, hold, lease and dispose of real and personal property of all types; (f) to sue and be sued in its own name; (g) to incur and discharge debts, liabilities and obligations; (h) to establish rates, toils, tipping fees, other fees, rentals and 1 other charges in connection with the Authority's facilities identified in Paragraph 5.1 herein, as well as any and all services provided by the Authority; (i) to hire agents and employees; • JPMRF TT-APR -9- • {j) to exercise the power of eminent domainfor the acquisition of real and personal property; (k) to issue Revenue Bonds, grant or bond anticipation notes, or other governmental financing instruments, in accordance with all applicable laws for the purpose of raising funds to finance or refinance the acquisition, construction, improvement, renovation, repair,operation,regulation or maintenance of the facilities identified in Paragraph 5.1 herein (I) to sell or lease the facilities identified in Paragraph 5.1 herein; (m) to loan the proceeds of Revenue Bonds to any person or entity to finance or refinance the acquisition, construction, improvement, renovation or repair of the facilities identified in Paragraph 5.1 herein; (n) to provide that the holders of Revenue Bonds, whether directly or through a representative such' as an indenture trustee, be third party beneficiaries of any sof the obligations of any Member to the Authority and to covenant with the holders of any Revenue Bonds on behalf of any such Member 1 to perform such obligations and comply with any agreements that Member may have with the Authority. 5.3 Such powers shall be exercised subject only to the limitations set forth in this Agreement, applicable law and such restrictions upon the manner of exercising such powers as are imposed by law upon the Members in the exercise of IPnORfM:APR -10- similar powers. In no event shall the Authority be authorized to exercise any power not • expressly authorized. The Authority hereby designates San Luis Obispo County as the Member required to be designated by Section 6509 of the California Government Code. 5.4 1 and to the extent the Authority exercises a power granted to it under this Agreement and the exercise of a like power by one or more Members within its or their boundaries would be inconsistent with or likely to interfere with the exercise of that power by the Authority, that Member or those Members shall not exercise that power; provided, however, that nothing in this Agreement shall limit a Member's right or that of any commission, agency or other body or authority of any Member to adopt, amend or implement zoning, building, land use or safety ordinances, laws or regulations with respect to real estate located within its boundaries upon which a facility identified in • Paragraph 5.1 and paragraph 52 6) is or will be located. SECTION 6. Boundaries. The boundaries of the Authority shall be the boundaries of San Luis Obispo County. In the event a member withdraws from the Authority, the boundaries shall be modified to exclude tqe area of the withdrawing member. Section 6 shall not prevent any facility identified in Paragraph 5.1 herein from being located outside the boundary of the Authority. 1PADRFFT APR 1 SECTION 7. Organization. 7.1 The Board. The Authority shall be governed by theBoard, which shall exercise or oversee the exercise of all powers and authority on behalf of the Authority. 7.2 Membership. (a) Membership in the Authority shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or' in the future, are declared eligible for membership in the Authority. (b) Representatives of the COUNTY and 1 CfrIES shall be appointed to serve on the Board in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to'the Author' shall 9 P rtY consist of the five members of the Board of Supervisors of the County of San Luis Obispo and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency,or until they shall resign or be removed by a majority vote of their member agency. Vacancies among representatives shall be filled in the same manner as the first appointment.'' • J FADRF-11:APR -12- (c) Member agencies may elect to have an alternate member(s) 0 in addition to any official member, but said alternate shall be an elected official and shall be able to vote only in the absence of the official representative. (d) Designation of the official representative or alternate(s), or changes thereto, shall be transmitted in writing to the Manager of the Authority by the appointing agency. (e) In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Authority may do so by executing this Agreement without prior approval of ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. (f) Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. 7.3 Principal Office. The principal office of the Authority shall be established by the Board within the boundary of the Authority. The Board may change that principal office upon giving at least 15 days' notice to each Member and to the California Integrated Waste Management Board. I P.DRF1F APR -13- • 7.4 Officers. (a) The officers of the Board shall consist of a President and Vice-President elected for a term of one year by a majority vote of member agency representatives to the Authority. (b) Both the President and Vice-President of the Board shall be elected at the last meeting preceding July of said year. (c) The officers shall serve until their successors are elected. (d) The duties of the officers shall be as follows: 1) President a) Shall preside over all meetings of the Board as Chairman. • b) Shall appoint all ad hoc committees subject to ratification by the Board. C) Shall exercise general supervision over all activities of said Authority. d) Shall be an ex-officio member'!of all committees. e) Shall execute all contracts and legal documents on behalf of the Authority. s 2) Vice-President a) Shall serve as Chairman pro-tem in the absence of the President. b) Shall give whatever aid necessary to the President in administering of the Authority. • C) Shall be an ex-officio member of all committees. ;PADRF-rr•APR -14- (c) In the event of a vacancy occurring in the office of either the President or Vice-President upon said officer's death, resignation, removal or his/her ceasing to be an official representative of a member agency, such vacancy will be filled by majority vote of the Authority, the officer elected to serve for the balance of the unexpired term. 7.5 Manager. The Board shall employ or contract for the services of a manager (the"Manager") who shall be the chief administrative officer of the Authority.The Authority shall select a quafrfied manager using professional personnel standards and an open competitive process. The Manager shall plan, organize and direct the administration and operations of the Authority, shall advise the Board on policy matters, eco shall recommend an administrative structure to the Board, shall hire and discharge administrative staff,shall develop and recommend budgets,shall reply to communications on behalf of the Authority, shall approve payments of amounts duly authorized by the Board, shall carry out such other duties that may be assigned to the Manager by the Board from time to time and shall attend meetings of the Board. 7.6 Committees. s (a) Committees and subcommittees may be established as the Board may deem appropriate. (b) Membership on "ad-hoc" policy committees shall be at the discretion of the President subject to ratification by the Board. Nothing herein shall be construed to limit membership on • JPADRF-ITAPR 5- l these aforesaid committees to officials pf the member agencies. The President may appoint any individual deemed qualified to serve on a committee. (c) Standing Committees shall include an Executive Committee and a Solid Waste Technical Advisory Committee. The composition and bylaws of the standing committees shall be established by the Board by resolution. SECTION 8. Meetings of the Board. 8.1 Regular Meetings. The Board shall hold at least four regular meetings each year. The date upon which, and the hour and place at which, each,regular meeting • shall be held shall be fixed by resolution of the Board. 82 Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the California Government Code. 8.3 Notice of Meetings. All meetings of the Board shall be held subject to the provisions of the California Ralph M. Brown Act (Sections 54954 et seg. of the California Government Code) and other applicable laws of the State of'''California. 8.4 Minutes. The Manager shall cause minutes of all meetings of the Board and any committees of the Board to be kept and shall, after each meeting, cause a copy of the minutes to be forwarded to each member. 1PnDR!-'7FAPR -16- i 8.5 Quorum and voting. For purposes of conducting business, there shall be a resent quorum consisting of a majority of representatives, including one COUNTY P representative. Each representative shall have one vote. No action shall be effective without the affirmative votes of a majority of those present. However, eight (8) affirmative votes shall be required for taking any action in the event any Member demands such a vote. The representatives to the Authority shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of the Authority in an orderly manner. 8.6 Budget. The Cities and the County have entered into a Memorandum of Agreement among the County of San Luis Obispo and the Cities of Arroyo Grande, Atascadero, EI Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo for the Establishment and Payment of Landfill Tipping Fee Surcharges To Support • P Y g The San Luis Obispo Integrated Waste Management Authority (the "MOA"). Pursuant to the MOA, those members of the Authority having jurisdiction over such matters have agreed to establish tipping fee surcharges (the "Tipping Fee Surcharges") which shall be paid into a Solid Waste Authority Trust Fund (as defined in the MOA) for the purposes therein. (a) A line item and program budget for the Authority's operations 1 shall be adopted by the Board for the ensuing Fiscal Year prior to June 30 of each year. All costs incurred by the Authority shall be set forth in the budget, and shall be paid out of the solid waste fund derived from tipping fee surcharges and other sources as approved by the Authority. 1PnDR17T-APR -17- The line item and program budget shall be Submitted in draft • form to all member agencies for review and comment prior to adoption. The line item and program budget shall include sufficient detail to constitute an operating guideline, the anticipated sources of funds, and the anticipated expenditures to be made for the operations of the Authority and the administration, maintenance and operating costs of the facilities identified in Paragraph 5.1 herein. Any budget for Sole Use Facilities shall be maintained separately. Approval of the line item and program budget by the Board shall constitute authority for the Manager to expend funds for the purposes outlined in the approved budget, but subject to the availability of funds. (b) A budget for the acquisition, construction, or operation of facilities, or for contracting for the acquisition, construction, or operation of facilities, identdied in Paragraph 5.1 herein shall be adopted by the Board before the Authority commits any acquisition or construction funds or contracts. It may be amended if and when determined by the Board. Approval of the budgets for the facilities identified in Paragraph 5.1 herein shall constitute authority for the Manager (or any trustee or • other fiduciary appointed by the Authority) to receive state or JPAf)RFIPAPR -1$- federal grant funds and proceeds of Revenue Bonds and to expend funds for the acquisition, construction, or operation of the facilities identified in Paragraph 5.1 herein. (c) A budget(s) governing the acquisition, construction, or operation of Sole Use Facilities may be adopted by the affected Member or Members. When such budgets are adopted by affected members appropriate accounts shall be established by the Authority and designated as such Member's or Members'fund. Disbursement of such funds by the Authority shall be made only upon receipt of written authorization from the designated finance officer of the affected Member or Members. Receipts and disbursements for the acquisition or construction of Sole Use Facilities may also be made directly by the affected Member or Members, in which case such budgets shall not be a part of the budget of the Authority. 8.7 Rules of Procedure. The Board shall from time to time, establish rules and procedures for the conduct of their meetings. SECTION 9. Joint Operating Fund and Contributions. The Authority shall have the power to establish a joint operating fund. The fund shall be used to pay all administrative, operating and other expenses incurred by the Authority. Fundingshall be on an enterprise basis or as determined by member agencies. All P g J?ADRF rAPR -19- monies in the joint operating fund shall be paid out by the Treasurer for the purposes for • which the fund was created upon authorization by the President of the Board and approval by the Controller and Manager of demands for payment, or as otherwise authorized by resolution of the Board filed with the Treasurer. No ,Member shall be obligated to make any contributions of funds to the Authority for facilities to be established in accordance with Section 5.1 or pay any other amounts on behalf of the Authority, other than as required by this Section 9. without that Member's consent evidenced by a written instrument signed by a duly authorized representative of that Member. The Authority shall contract with an independent certified professional accountant to conduct annual fiscal audits as required by the Public Utilities Code Section 99245. 9.1 Treasurer. The Treasurer of San Luis Obispo County shall'be the Treasurer of the Authority. The Treasurer shall: a). Receive and receipt all money of the Authority and place it in the Treasury of San Luis Obispo County to, the credit of the Authority. b). Be responsible for the safekeeping and disbursement of all Authority money held by him/her. c). Pay any sums due from the Authority, from Authority funds held by him/her or any portion thereof, upon warrants of the Controller designated herein. d). Invest funds. 1PADR fTAPR -20- The Authority shall reimburse the Treasurer for the actual cost of services rendered. 9.2 Controller. The Auditor-Controller of the County of San Luis Obispo shall be the Controller for the Authority. The Controller shall: a). Draw warrants to pay demands against the Authority when the demands have been approved by the Authority Board and/or the Manager. He/She shall be responsible on his/her official bond for his/her approval of the disbursement of Authority money. b). Keep and maintain records and books of accounts including keeping separate sub accounts of tipping fee surcharges and other revenues deposited into the Solid Waste Authority Trust Fund and expenditures made therefrom on the basis of generally accepted accounting principles. c). Make available all such financial records of the Authority to a certified public accountant or public accountant contracted by the Authority to make an annual audit of the accounts and records of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for s special districts under Section 26909 of the Government Code and shall conform to generally acceptable auditing standards. d). Verify and report in writing as soon as possible after the first day of July, October. January, and April of each year to the Authority the amounts of monies he/she holds for the JF•&DRF 11'APR -21- Authority, the amount of receipts since his/her last report, and • interest accrued to those funds. The Authority shall reimburse the Auditor/Controller for the cost of services rendered. SECTION 10. Records and Accounts. This Section and Section 9 are intended to insure strict accountability of all funds of the Authority and to provide accurate reporting of receipts and disbursements of such funds. The Authority shall maintain accurate and correct books of account showing in detail the costs and expenses of any service or acquisition and construction and''the maintenance, operation, regulation and administration of any service or joint use or sole use facility and all financial transactions of the Members relating to any service or joint use or sole use facility. Books and records shall be established and maintained in' accordance with generally accepted accounting principles promulgated by the California State Controller's Office and the Governmental Accounting Standards Board. The books of account shall correctly show any receipts and any costs, expenses or charges to be paid by all or any of the Members. The books of account shall be open to inspection at all times by a representative or agent of any of the Members. In addition, if required'by any resolution authorizing the issuance of Revenue Bonds, the Authority shall maintain appropriate 3 books, records, accounts and files relating to each project as required by such resolution which shall be open to inspection by holders of Revenue Bonds if andto the extent, and in the manner, provided in the resolution. ,PADR17TAYK -22- SECTION 11. Rates. The Authority shall establish and regulate rates to be charged at the new facilities identified in Paragraph 5.1 herein in amounts sufficient to discharge all indebtedness and liabilities relating to agencies under contract to provide efficient operation of facilities, the acquisition and construction of facilities (including, without limitation, any Revenue Bonds issued in connection therewith), and to accommodate the planning and implementation of activities required by the Act. SECTION 12. Failure to Meet Waste Stream Requirements. The Authority shall be entitled to cause the waste streams of each Member to be monitored, pursuant to procedures approved by the Board, in order to determine whether state waste diversion requirements are being met. If the waste stream diversion of any Member fails to meet any such requirements, that Member shall be solely responsible for any and all resulting liabilities, damages, criminal and civil sanctions, and costs and expenses. That Member shall also hold the Authority and the other Members harmless from and against any and all liabilities, damages, sanctions, costs and expenses that are incurred as a result of the violation or a claimed violation including, without limitation, all fees and costs of counsel. If two or more Members are responsible for a failure to meet any such requirements or are claimed to have violated any such requirements, the Members responsible for the violations or which are the subject of such claims shall be responsible to, and shall indemnify, the Authority and the other Members in proportion to their relative responsibility for the violations or claimed violations. Upon notification of any such violation or claim, the Member or Members shall take such prompt, corrective IPMRF-iFnPR -23- action as is necessaryto meet the requirements.ements. Nothing in this Section shall preclude one or more Members or the Authority from imposing or establishing additional incentives to meet waste diversion requirements. SECTION 13. Withdrawal and Dissolution. 13.1 The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official member of the Authority or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come before the Authority, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. . 132 Any party to this Agreement may withdraw from the Authority, with 30 days notice, and terminate its participation in this Agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect with respect to the remaining members. No withdrawal shall become effective until 30 days after receipt of the written notice by the Authority. 1 13.3 A member which has withdrawn from the Authorityshall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Authority. The Authority may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Authority. If any party JNA)RFITAPR -24- hereto fails to pay its contribution, as determined by the Authority, said entity shall be deemed to have voluntarily withdrawn from the Authority. 13.4 The Authority may be dissolved at any time and this Agreement terminated by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said termination Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Authority in proportion to the contributions made. In the event the Authority is abolished, the individual member agencies shall be responsible for complying with the requirements of the Act as included in the approved SRREs, HHWE, NDFE, Countywide or Regional Siting Element and Integrated Waste Management Plan. SECTION 14. Amendments Including Termination. This Agreement may only be amended or terminated by a written instrument executed by all Members and meeting the requirements imposed by the terms or conditions of all Revenue Bonds and related documentation including, without limitation, indentures, resolutions and letter of credit agreements. Notwithstanding the foregoing. no amendments or termination shall require any Member to contribute any funds to the Authority or become directly or contingently liable for any debts, liabilities or obligations of the Authority without the consent of that Member evidenced in a written instrument signed by a duly authorized representative of that Member. i 1PnDR1--117APR -25- SECTION 15. Filing with the Secretary of State. The Secretary shall file all required notices with the Secretary of State in accordance with California Government Code Sections 6503.5 and 53051 . SECTION 16. Notices. All notices which any Member or the Authority may wish to give in connection with this Agreement shall be in writing and shall be served by personal delvery during usual business hours at the principal office of the Member or Authority, to an officer or person apparently in charge of that office, or by depositing the same in the United States mail, postage prepaid, and addressed to the Member or Authority at its principal office, or to such other address as the Authority or Member may designate from time to time by written notice given in the manner specified in this Section. Service of notice pursuant • to this Section shall be deemed complete on the day of service by personal delivery (but 24 hours after such delivery in the case of notices of special meetings of the Board) or two day after mailing if deposited in the United States mail SECTION 17. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the Members. However, no Member shalt assign any of its rights under this Agreement except to a duly formed public entity organized and existing under the laws of the State of California approved by a majority of the Voting Directors who do not represent the assigning Member. No assignment shall be effective unless and until the Authority, the Members and the proposed assignee comply with all then- applicable requirements of law relating to changes in the composition of entities such as J?ADR17F"R -26- the Authority it and when they have Revenue Bonds outstanding and with the terms and conditions of all Revenue Bonds and related documentation including, without limitation, indentures, resolutions and letter of credit agreements. SECTION 18. Severability. Should any part, term or provision of this Agreement be decided by a final judgment of a court or arbitrator to be illegal or in conflict with any law of the State of California or otherwise be unenforceable or ineffectual, the validity of its remaining parts, terms and provisions shall not be affected. SECTION 19. Section Headings. All section headings contained in this Agreement are for convenience and reference. They are not intended to define or limit the scope of any provision of this Agreement. SECTION 20. Effective Date. This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This s Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. . JPADRFn:A?R -27- CITY OF ARROYO GRANDE By: J Date: -.��-�Q Mayo Minute Action LG - Ozzz flesekAien-No. 5/110/94 rk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Atto Dated:_ K L/D f fit•4 CITY OF ATASCADERO By: Date: Mayor Resolution No. Clerk APPROVED ,4S TO FORM AND LEGAL EFFECT: By: City Attorney Dated: ,rnrn<rr , t a -28- CITY OF GROVER BEACH • By y _, ;i% -"--`� _ Date: - m v o r V Resolution No. c I Clark APPROVED .AS TO FORM AND LEGAL EFFECT: City Attorney Dated: CITY OF MORRO BAY By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By City Attorney ` Dated: iCITY OF GROVER BEACH By. Date: Clerk Mayor Resolution No. APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: • CITY OF MORRO BAY By Date: May 9, 1994 Mayor rk Resolution No. 39-94 APPROVEDIAS TO FORM AND LEGAL EFFECT: t By: City Attorney Dated: S 9 q CITY OF EL PASO DE ROBLES By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: CITY OF PISMO BEACH By: �-fir— ` y�-- Date: �61 Mayor Clerk i APPROVED AS TO FORM AND LEGAL EFFECT: ' /rl City Attorne Dated: JPADRF'TTnPR -30- CITY OF SAN LUIS OBISPO By: Date: Mayor Peg Pinard 4��Z(2f4� Agmement No. A-09-94-CC Jerk D ne R. Gladwell APPROVED AS TO FORM AND LEGAL EFFECT: 2 By: (�24 ty mo 4�1 Dated: COUNTY OF SAN LUIS OBISPO By: Date: Chairperson Resolution No: Clerk APPROVED AS TO FORM AND LEGAL EFFECT: JAMS B. LINDHOLM, JR. County Counsel s By: Deputy County Counsel Dated: i i CITY OF SAN LUIS OBISPO t I By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: i By. I City Attorney Dated: ` COUNTY OF SAN LUIS OBISPO By: Date: JUN `" ' P94 airman FRANCIS M. COONEY Resolution No. Clerk gy: 1 c,e—„ Depu y Clerk APPROVED AS.TO FORM AN LEGAL EFFECT: JAMES B. LiNbHOLM, JR. County Counsel By De ty County Cou Dated: `s Z-t-2 q IPADP TFN'R -31- Meeting Datee: 01/24/95 REPORT TO CITY COUNCIL g CITY OF ATASCADERO Agenda 1item C-1 (b) Through: Andy Takata, City Manager From: Brad Whitty, Finance Director { SUBJECT: Costs Savings Incurred from Wil-Mar Disposal' s Ujilization of Paso Robles Landfill . j RECOMMENDATION: Staff is recommending that the City Council review the staff report and discuss options on administrating those cost savings . BACKGROUND: The City' s Franchisee, Wil-Mar Disposal Companyi Inc. , began hauling Atascadero' s solid waste to the Paso Robles Landfill in May of 1994 . Wil-Mar' s accountant, David K. Smith, CPA, has provided staff a report indicating the savings over a four-month period (see Attachment A) . a DISCUSSION: i Per Mr. Smith' s letter, dated November 2, 1994, 1the dump fees saved are $49,418 . 89 before deducting $36, 120 . 00 for additional transportation costs to carry trash to the Paso Robles Landfill . Note the figures include the County' s portion to arrive at these amounts. The savings for the City, according to the letter, would be $9, 926 .25 over the four-month period. Utilizing Mr. Smith' s reports, staff recalculat4d the savings to be $18, 127.32 over the four-month period (see Attachment B) . Note that the difference between Mr. Smith' s f igur- and staff' s figure occurs because of blending with the County' sfigures . Mr. Smith has recalculated the figure to be $16, 240 . 72 per his January 19th letter (see Attachment C) . J Wil-Mar is proposing to remit the savings to the City. The money would be considered a donation to the City to be held in trust by the City. g Future savings should be applied to reduce the', rates to the customers on a pro rata basis. Utilizing the reports provided herein, the savings shown could be applied to the cu rent rates to determine adjusted rates . These new rates could e applied to future billings beginning not later than July 1, 19 5 . i a 1 Report to City Council Agenda Item #C-1 (b) Page 2 Attachments : Attachment A: David K. Smith, CPA (11/2/94) Attachment B: Staff Calculations of Savings Attachment C: David K. Smith, CPA (1/19/95) ATTACHMENT A DAvlm K. Smarr CERTIFIED PUBLIC ACCOUNTANT 5811 TRAFFIC WAY-P.O.BOX 6002 ATASCADERO,CALIFORNIA 93423 TELEPHONE:(805)4668800 FAX(805)4664947 November 2, 1994 Brad Whitty, Finance Director City of Atascadero 5600 Palma Atasacdero, Ca 93422 Re: Wil-Mar Disposal Company, Inc. Dear Mr. Whitty: Please find enclosed copies of the monthly dump fee recaps for Wil-Mar Disposal. Mr Walters requested that these be transmitted to you. Mr. Walters is concerned that there might be criticism of the garbage rates recently approved by the council. As we are all aware, the company has had a reduction in costs associated with the change in sites to the Paso Robles Landfill and as a result we wish to make available to the City a full and timely disclosure of the amount of these cost reductions. These recaps attempt to show the actual cost savings resulting from the site charge. The reason for the two columns for the Chicago Grade Landfill needs to be explained. Although:,the rates approved by the county at this site are based upon tons of material, Chicago Grade never installed scales to weigh the trucks. The normal waste charges were based solely on a rate per yard for the truck capacity. At the time that the site change took place,the rate was$7.70 per truck capacity yard. So the rate for a truck with a 25 yard capacity would be$192.50. The first Chicago',column shows this computed amount based on actual rates in effect. The second Chicago column shows what the Chicago charge would have been if the fee were based upon the county approved tonnage rate times the actual weight as measured at Paso Robles Landfill. Using the actual weight of materials taken to the dump, the monthly percentage of the refuse collected from city sources was computed. The summaries for the four months show a total billing which would have been charged by Chicago Grade Landfill of$196,365.40. During the same period, the actual total charges at Paso Robles was$146,946.51. For a total dump fees srved of$49,418.89. The approximate additional cost to transport the waste to Paso Robles during this period was $36,120.00. Using the monthly percentages of waste derived from Atascadero, the saving from city sources would be $9,926.25. To forestall charges that they are attempting to reap some type of illicit windfall, the company is proposing that this amount be held by the City until the legal issues are resolved and the change in sites becomes final. It has been stated many times that the main reasons for changing sites were non- fee matters, primarily liability and environmental issues. If Wil-Mar is required by the regulatory authorities to return to Chicago Grade, it is expected that the funds would be recovered in some manner. The company does not expect this to happen and would assist the City in giving the benefit of these moneys back to the city customers in the manner judged most appropriate by the council. In any event, it is expected that the savings on dump fees will in a fairly short period be offset by other cost increases. In this manner, rather than providing for a direct payment to the City, any savings will merely help reduce the need for a rate increase. If there are any questions, please call me at 466-8800. Thank you. Yours truly, K. SM6 _ Certified Public Accountant CC: T. Walters B. Sanders Enclosure Z m 0 d 0< o o < o n D oai C7 n D m H N @ 0 A Ol 61 d d C N O O •C 4/ N n o D TI ;o -i -i -1 :! � �^ d a o m 1 1 a a CDD Q o = tic < < m N @ • X x o m m m o p o a � a W a _f d C s m d 3 3 -4 m -.� W -1 m m y o o. U3 _ c N x v 3 CkJ 0 0 v VI N N .+ Iµ3 H m ws N en to p � H r ro ro � o o V o C d 'b H CJ N p C4 C=] ro C7 � � � H H � Z A � H tx ►i w v rn OD O H '3 as � Zr x %.o y 3 0 C yo ro y 0 0 z C > cUt o tci b y 3' a' w to Enit ' H tlj 0 NCEJ En � n Wtri0 N j1-0 -3rnto w ? 1-3 'b > W a aEn 00 v' H H yiy ONi c a tTE 3 H OD v Cn 00 w C c Ln i0 C)H M = ro LA A w -4 tO O r n �3 O O w NOD W +n > o 0 0 W 0 r En q En tlj ao C: �Cy m V N A .V. H N N � .�.� ..�+ CST C�71 N f mff < < D boi n Dm oo o 0 o o Oo CN C N O o [ yo > T ,0 to to .ao 'R o o m Hnx a Ch a g n = < < H m y m o' m o o a CL C w a co a c- � -{o m < �c 2i 0 � c rn = n o — M _ y 7rn V �• C) N m. It-ti 0 0 N N N ~ IMy H H C n x x Z H fA d tri r ro H ro CO c n z A ti O O W O Io A d C4 M tC'' H � y `�„° � zxH � Or y z n� C y � 0 3 `� No ►� H p ''� o y C .A 1�y �.,.� � w A O z ✓� ro � y o cn n � � H z t� En n z woo wow c� V, rn oo► v ;o � nzLM 0 rnw r i m `ti ►H d co W A �cn ro EA M O H :U C trot] ..a A v Wn _c OD Q c N V °�° z � tn noy 0) 10 0) 0 a° Ao o p �, w C H cn rncn j c rn N � cnHEEnnr W . C C CrJ H co " LO CA OD c° a� PCZ m cn CA CTt � N _V j N d A A C7D Cp N Z r D D -+ n D (� D y m o m ma o < o o < o ° 9' f) o• H o c _ an d a X m a n x m m m m o o o m n M dW n d c -4 �» �. o] m m d oz c j — c ? 3 ° co o X U) .tn 3 tyz} n n 'm m O O N y N U) y IH H C C1 7C v 40 r n , H [D al !D C b t�� p p V co N n C � H d N C tri � 4 e C N H H Cr1 "Z ro D y C �-3 O o) C > H rn a 1-3 y � r O O N N F� 1-3 l�0 C 3 NPD3 z v A (.0 y w p n N -4 royc, to a° m � nz "' ro0 0 oW t, H r A -4 C7 t1i En J 0 .s U1 N V 0 OD rn OD 0 CD t0 t0 IJ NOf �' > O CIO O 0 0 W EA «� E O CA) n cW A N v _ccili+ 0 H Ci 3 w OD 0 N 0 A a` o r CO 1M .TJ t/1 z W v co Ut - OD .A A fn Ln LA (OD0 F+ (� y m o oAi m an d o� N o 7 N N n O a -n Z7 to -i so -� -I "� u� -0 � m v t a cr G)m@ x c m m �' '" o `c o a M a N a M X to y x v 5. 3 q O p to y N H IH Cr1 H C n x v d � H x n r c d �w t=i ro oo wooer [� H tri W N O Czi ro Cf� p o w C ~ ►-► tjzO N N zzQy H a a' o c N H t Or HOHz �0 3 CA C: w -4iv � z � ►-� a° a' w o En to ro H H Hwt��9O � n W N rn rn w n En C �' ro o Z.L w rn �' � 'dHtC+ odor ry � vEn o v H N "A N -4 Q1 C71 I7r r•� �--j C o v? W En te ro Ffl 0 to A A. W � r 0 . O 01 v o b+ "' A CHQ �"' nHy W W W N V W j r z C o o o C W 0 cn tljt1i rCEnOD iv v rn , , t�l� HtCRr � w v o v+ x t2i )G J J W N �° a N00 A v Attachment B Using Mr. Smith' s reports, staff recalculated the savings, as follows : June 1994 : Chicago Grade $41, 680 . 10 Paso Robles 28, 514 . 57 Savings before travel costs 13 , 165 . 53 Less truck costs (9,520 x 74%-) <7, 045 . 00> June Savings $ 6,120 .531 July 1994 : Chicago Grade $35, 858 . 90 Paso Robles 28 514 . 57 $10, 686 . 11 Less truck costs (8,960 x 66!k) <5, 914 . 00> July Savings $ 4,772 .791 August 1994 : Chicago Grade $38, 330 . 60 Paso Robles 27, 530 . 73 10, 799 . 87 Less truck costs (9,280 x 60) <6, 125 . 00> August Savings $ 4, 674.871 September 1994 : Chicago Grade $36,451 . 80 Paso Robles 27, 956 . 67 8, 495 . 13 Less truck costs (8,360 x 71%) <5, 936 . 00> September Savings $ 2,559.131 1 TOTAL FOR FOUR-MONTH PERIOD $18,127 .32 ATTACHMENT C DAvID K. SMrrH • CERTIFIED PUBLIC ACCOUNTANT 5811 TRAFFIC WAY ATASCADERO,CALIFORNIA 93422 TELEPHONE:(805)466-8800 FAX:(805)466-4947 January 19, 1995 Brad Whitty, Finance Director City of Atascadero 5600 Palma Atasacdero, Ca 93422 Re: Wil-Mar Disposal Company, Inc. Dear Mr. Whitty: Please excuse my delay in responding to your question of this morning. The $9,926.25, which was shown in my letter of November 2, 1994 as the City's portion of the savings resulting from the changes in disposal sites for the months of June through September 1994, was calculated by multiplying the monthly total savings by the City's percentage of the total tons S for that month. These monthly amounts were then added together, giving the result above. As I understand your position, you are suggesting that the proper way to calculate the savings would be to consider only the City's portions and exclude the county's amounts. This would have the following results: Paso Robles' Chicago Grade's Travel Costs Net Savings Fees Fees City's Portion June $(28,514.57) $41,680.10 $(9,520.00) X .77 $5,835.13 July (25,172.11) 35,858.90 (8,960.00) X .71 4,325.19 Aug (27,530.73) 38,330.60 (9,280.00) X .73 4,025.47 Sep (27,956.67) 36,451.80 (8,360.00) X .77 2,057.93 Total Savings - City of Atascadero Portion 16,240.72 I have discussed this with Mr. Walters and he is willing to accept this result, but only on a conditional basis. There is three reasons for this position. The first is that the costs of transporting the materials to Paso Robles are presently just estimates. Both your calculations and our initial calculations are based on the assumption that the added costs of transportation are the same for all trips, both county and city. In actual fact, this is not so. If you consider that the additional costs of transportation for county areas south of Atascadero are the same as a Atascadero's, and that the additional cost of transportation from county areas to the north of Atasacadero are actually less, the average cost for the county customers is less. The areas to the south were already bringing their material to Atascadero, and the areas to the north are traveling a shorter distance. The second consideration is that the Chicago Grade Landfill fees you are using, and that we used originally to prevent criticism, are based on the billing practices which, were previously employed at the landfill. These charges by the landfill were based upon the truck capacity, without regard to actual content. The county rate set for the landfill is based upon weight and, even if Wil-Mar were to start dumping at that site again in the future, it would only do so on a weight basis. If you compare the fees as the company is actually charged by Paso Robles with those which would be properly charged by Chicago Grade, you get a very 4ifferent result. Paso Robles' Chicago Grade's Travel Costs Net Savings Fees Fees City's Portion June $(28,514.57) $37,171.42 $(9,520.00) X .77 $1,326.45 July (25,172.11) 32,814.22 (8,960.00) X .71 1,280.51 Aug (27,530.73) 35,888.89 (9,280.00) X .73 1,583.23 Sep (27,956.67) 36,444.14 (8,360.00) X .77 2,050.27 Total Savings - City of Atascadero Portion 6,240.46 As you can see, even if tipping fees charged by Chicago Grade were determined properly, the savings are significant, but are not as heavily skewed. When more accurate cost figures are available, Mr. Walters believes that the cost savings will be much more proportionate to the amount of material handled. With the additional costs for some of the county areas in large part being offset by the savings in other closer areas. Finally, by looking at only the waste fee totals for Atascadero, without considering other valid business purposes for the change, we tend to overlook that the change was not made solely to reduce dump fees. For example, one of the major goals was to protect the company from potential future liabilities relating to the environmental issues. These would in-turn pass through to the customers, with Atascadero's citizens absorbing the lion's share. In fact, the City itself might well also be at risk. This example is only being pointed out to demonstrate that this move is not a simple issue, and much needs to be determined before anyone is reasonably sure that they are using the correct assumptions. There are some costs which should be allocated on a basis other than would appear at first glance. If there are any questions, please call me at 466-8800. Thank you. Yours truly, Davi . Smith Certified Public Accountant CC: T. Walters B. Sanders 1 I �genda Item: C-1(c) REPORT TO CITY COUNCIL { CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Daite: 1/24/95 From: Brad Whitty, Finance Director S_CT.- Consideration of extending the Wil-Mar Franchise Agreement for an additional three years,' RECOMMENDATION: Staff recommends City Council review Wil-Marts quest for a franchise extension and provide direction regarding re extension. a BACKGROUND: In October, 1991, Wil-Mar and the City of Atascadero entered into a solid waste collection franchiselgstatenti. TFranchisee agreement outlined in Paragraph , P ge (Wil-Mar) has faithfully performed under the term's andreonditions of this agreement for any period of three (3) y may request the City Council to extend the term Gf this agreement for an additional three (3) years" . The law firm of Wright & Sanders has requested theextension on behalf of Wil-Mar in a letter addressed to the City Manager (See Attachment A) . Per the agreement, the City of Ataofgo receives aros$ receipts.. They franchise fee equal to five percent (5%) of fees collected since inception of the agreementre as follows: Fiscal Year 1991-92 $73,607.72 1 Fiscal Year 1992-93 85,310.32 Fiscal Year 1993-94 91,842.94 Projected 1994-95 93,600.00 The Franchise Fee is remitted on a monthlybasis by thewithh of the month. A signed verification statementlrasa receipts the monthly franchise fee remittance indicating 9g actually received by Wil-Mar during the immediate preceding calendar month. 11 19 and 2, ' 93, ' 94, For the fiscal years ending January 31, tax profits were $133,000 ( .2%) , $62 the company s after p ,000 (2.7%) , and $6,242.25 ( .03%) respectively. ThejCity, at its option, has the right to review Wil-Mar's books ''1and records, or request an independent audit by a Certified Pubjic Accountant. The City has never received audited financial statements from Wil-Mar Disposal. a ATTACHMENT A. WRIGHT & SANDERS TELEPHONE A LAW CORPORATION Im0ffiI .006-90245WILLIAM O. WRIGHT IRETI.REO1 5950 ENTRADA AVENUE FAX •ETTY R. SANDERS MARISETH HILEMAN ATASCADZRO, CALIFO 16081 +66-909. RECEIVED i 1ATASCADER0 CITY MANAGER November 7, 1994 Andy Takata City Manager City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 RE: Wil Mar Franchise Agreement Dear Andy: (� The agreement reached between the City of Atascadero and Wil-Mar Disposal in October of 1991 has served as a model agreement for other governmental entities, not only locally but state-wide. Ours has been a visionary agreement which has worked well for all concerned. Part of this agreement envisions a request by the franchisee, after 3 years of faithful service, requesting the extension of the franchise for an additional 3 years . It is to that vision that this letter is directed. This extension allows the company to continue to improve and upgrade services in our City. Wil-Mar Disposal hereby requests the City Council of the City of Atascadero to extend the term of its Solid Waste Franchise Agreement with Wil-Mar for a period of 3 years as set forth in Paragraph 3 , page 1 of said Agreement entered into on October 8, 1991, between the parties. We request that the extension request be placed on the agenda at the earliest convenient time for the Council . Andy Takata Page two November 7, 1994 Should you have any questions or suggestions, please do call . I remain at your beckoning should you have any concerns whatsoever. Very truly ours,'', Ni r BET R. SANDERS ' BRS\lhd CC: Tom Walters Dave Smith, C.P.A. Art Montandon, City Attorney i I MEMORANDUM TO CITY COUNCIL AGENDA ITEM: C_2 TATE: 1-24-95 THROUGH: Andrew J. Takata, City Manager { FROM: Brady Cherry, Director Department of Community Services SUBJECT: 1 Request from Loaves and Fishes to use City prope�ty to build a permanent building using CDBG funds. a RECOMMENDATION: Staff is seeking City Council direction regarding ;how to proceed with the request to use City property for a permanent building. BACKGROUND: i As the members of the City Council may know, Loaves nd Fishes have been in great need for more space for some time n w. They have attempted unsuccessfully to relocate to larger splices within the City, for several years. An opportunity may existlnow for Loaves and Fishes to apply for funds to procure a permanent home for the organization. A relocation task force has determined that building a permanent building for the organization would be ,the best long- term solution. In order to construct a building, Loves and Fishes will need some land. The task force recently tourd several City owned properties with staff. They would like to Xnd out if the City Council would be willing to consider the following: A. The use of city-owned property to construct 1a building of approximately 2000 square feet on a long term lease, arrangement. The lease could be similar to ;the Chamber of Commerce agreement. The only City owned properties which might be possible in staff's opinion would be the vacant lot on Morro Road next to the Lake Park, and a portion of the service yard off Traffic Way. Further study will be needed to determine the feasibility of each site. Staff is seeking City Council direction regarding whether the Council agrees in concept with the use of City Property before proceeding with Loaves and Fishes' request. I i I a i i i ATASCADERO LOAVES & FISHES P.O..BOX 615 _ ATASCADERO, CA 93423 Q �( January 10, 1995 .IAN 13 X95 � Mayor and City Council CITY CLRsICCity of Atascadero K OFF 6500 Palma Avenue Atascadero CA 93422 RE: Agenda item for January 24 Council Meeting SUBJECT: An adequate home for Loaves & Fishes Dear Sirs: As you know, Atascadero Loaves and Fishes is this community's response to the needs of some of our citizens for short-term emergency assistance, mostly in the form of groceries. An all volunteer organization, we are currently celebrating our tenth anniversary and still operating out of our "temporary" location in the basement of St. Luke's Episcopal Church. The church continues to generously offer this space at no charge, but the number of clients we serve annually has risen from 3949 in 1988 to 9125 in 1994 and shows every sign of continued increase in light of the recession and government cutbacks (figures include some clients served more than once). Our tiny pantry at St. Luke's must now be restocked daily from two other locations where we have donated food stored. Our clients have no privacy as they share their highly personal problems with our volunteers. We have never asked the City for money but have, for the past three years, requested City assistance in helping us find a permanent, larger new home. Andy Takata and Brady Cherry have been most helpful in this quest but so far every potential plan has ended in frustration for them and for us. Now the Community Development Block Grant funds appear to be the ideal vehicle for us to build a permanent home; indeed the first priority for those funds states "benefits low and moderate income persons" which defines our reason for being. We are planning to make application for some of the CDBG funds. Assuming the availability of the CDBG funds to construct a 2000 square fee building (to accommodate our client services and food storage in one location), we are looking for a donated site on which to construct such a building. We obviously have no funds of our own to purchase land. We are hoping that the City might be willing to give us a long-term lease on some City property. We realize that the Council cannot make any definitive decision on a matter like this tonight, but, in light of the January 31, deadline for our application'',for the CDBG, we • would greatly appreciate some indication at your January 24 meeting as to whether the Council might in principle look with favor on such a lease for:: an adequate City site. We believe the volunteers at Atascadero Loaves and Fishes, with the generous support of hundreds of individuals, churches and community organizations, serve a vital function for our city. We ask your help in our search for an adequate home for our work. Cordially yours, ��Frank"W'..Fertschneider President i I REPORT TO CITY COUNCIL Meeting Date: 01/24/95 CITY OF ATASCADERO j Agenda Item : C-3 1 Through: Andy Takata, City Manager a From: Lee Price, City Clerk . SUBJECT: 3 Planning Commission Appointment. a RECOMMENDATION: 1 . Select, by simple motion, one applicant to fill the un�xpired term of one year, eight months. 2. Adopt Resolution No. 03-95 formalizing the appointment. BACKGROUND: j There exists one unexpected vacancy on the City's Planning Commission. At the City Council meeting of January 10, 1995, the City Council agreed to re-consider applicants previously interviewed for appointment to the Planning Commission on August 30, 1994. The City Clerk was directed to contact the applicants and determine interest. It was agreed that if six or more of the appliconts were willing to be re-considered, the City Council would come back at the next meeting and make, by simple motion, an appointment. Seven of the ten applicants indicated continued interest nserving. They are: Sid Bowen, Al Clark, Patrick Dempsey, Rita Fernandez, Rush kolemaine, George Schroff and Allan Weaver. a Attachments: Staff Report dated 1/10/95 7 applications Resolution No. 03-95 i i i I REPORT TO CITY COUNCIL Meeting Date: 01/10/95 CITY OF ATASCADERO Agenda Item : C-4(c) Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: Planning Commission Vacancy. RECOMMENDATION: Authorize the City Clerk to post the Notice of Vacancy and provide additional direction regarding recruitment. BACKGROUND: At the City Council meeting of November 29, 1994, Planning Commissioner Dennis Lochridge submitted his resignation. A copy of his letter of resignation is attached. There now exists an unexpired vacancy on the Planning Commission. Mr. Lochridge's term was due to expire September 1 , 1996. The City Clerk delayed requesting authorization to open a recruitment because the City Council had previously expressed a desire to look at alternative appointment policies for committees, commissions and boards. That matter is before the Council concurrently (see Item #C-1 (a)) and at the time of this writing, the City Council has not made a determination. DISCUSSION: Historically, when there has been an unexpected vacancy on a commission, committee or board, the City Council authorizes the City Clerk to open a recruitment and solicit applications from citizens desiring appointment. A special meeting is usually called for purposes of interviewing candidates. The entire process most often takes six to eight weeks. State Law, however, only requires that appointments may not be made any sooner than ten (10) days once the Notice of Vacancy is posted. Some cities keep applications on file for a one-year period so that if an unexpected vacancy occurs, the City Council has the option of appointing someone whose has already been interviewed, or whose application has already been screened. This alternative conserves costs as well as offers an opportunity, if it is the desire of the Council, to defer calling a special meeting for purposes of conducting an Report to City Council Agenda Item #C-4(c) • Page interview. Four months ago the City Council interviewed thirteen candidates for the Planning Commission. Three of those applicants were selected. The City Council may wish to consider the following options: OPTIONS: (1) Authorize the City Clerk to open a recruitment and coordinate interviews pursuant to existing or amended selection procedures. (2) Direct the City Clerk to contact those applicants interviewed on August 30, 1994 and who were not appointed to the Plann+ing Commission to establish interest. The Council could then: (a) Re-review the applications and make an appointment by simple motion at a regularly scheduled City Council meeting. (b) Re-interview the applicants during a special or regular meeting and make the appointment pursuant to existing or'amended selection procedures. (3) Chose Option #1 and #2(b). The City Clerk respectfully requests direction. • I Please return to: 1 51994 CITY CLERK °A a A ■� 6500 Palma Avenue CITY OFATASCADEROn 1918 Room 208 CITY CLERK'S OFFICE Atascadero, CA 93422 CADI A P P L I CAT I O N CITY OF ATASCADERO o PLANNING COMMISSION R. S. "Rush" Kolemaine Name: P.Q. Box 1990 Araseadero CA 93423-1990(4580 Potrero) Address: (Ros) 4.66-8200 Semi-retired Telephone: Occupation: Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Planning Commission. Feel free to attach additional data or resume. (SEE ALSO: Functional resume attached) i of the fib/ in which i live a body 1 Cl GSI-iS-E3-fi'i#ur�3e13t ...e--..l 1 funGlion rcguirPC dependable citizen participation by individuals . e,Xp@r4 nr€d in derision-making in a colegial non-confrontational manner to serve the _grPnmr interests of the community and the General Plan, as well as individuals applying for land use decisions regarding their properties. it is my sincere belief that, in the near future. as the Commission is obliged to review these applications in light of the recent A-Acme Hardware us City of Tigard decision of the U.S. Supreme Court. that i will be able to provide the requisite perspective necessary to assist this panel to reach decisions that win meet tnesu-- requirements. I hereby certify that the foregoing is correct, and that I am a resident of the City of Atascadero. _� � 1 � f //,4"" � tf Signature: . / , ,_ �.�W. - �.-� Date: p-7, � O L s i IDA ti R. S. Kolemai�e *Bok1,1990/Atascadero/CA 93423-1990/(§C§) r POPULATIODEMOGRAPHIC STUDIES , , ` �2 � 't �>, � >`X1957 62.l,e ��4,t t f-Los Angeles sK0, 4! r p ,rz ti ! Dept. Of Plarining a + S K!f rs tiff Dept of Recreation &Parks � �� x, tt, ept. of;Pohce kk r •:Supervision:ands in,service.training,of small stafffor rnap malung nd rev ofcif y std xk s ca is a p topographic ar d demographic data base.;maps,7�plust maps anittnvesfiga. +t bYf'P1' ",rM S; emergency services�plannmg, public and,court appearances ry f 4 - �t ,s >s� .� • Research andde �itio> `of 1960 (et seg) U. 5 Census Bureausiractoundanes forfCit °it;t�q.; ,F�f�+�",� �i 1 ' �a��. ° ylk 5�.'.s E � of LosYAngeles Boy darycntena<established in stuches stsil usedby Y a y?'� 12 �C��s x£`" ,✓. {;T .�, � " ; Fy� "i fU ', m M 1k, � MA/Tfi iMCi • Analysis, design `d"pi of,.uieekly;city uncleraffic,4an y } h graphs from',datakprovided by EDP Unit,;LAPD for 15 kiridividuaYgeo ph%}div o �Dete f a y � and Traffic'bureaus r r rr* °k 7- ",19 78 Adveri istng Agencies a } a �tp�aiYr: ti h (Var1ous,.Los Angeles area) £' { • `As Creative DiYector, initiated,�:supervised .a d/o ;conducted , o�s surueys�of ,x�ri ke j i a demographics as basis'°for.'creafive work,by AAAA full service adv g; and,marketing Y s" iq�'s 16 i 3 s bre i Clientsservedi=�nducled .manufacturers,! government,agenciesXs�uiar� aliinsfituttons, who, h �. read-and'real estatermsservmg a:.broadrange,of.markets locally;�sre �onally� and�n�at►onally ' `PLANNING OUTREACH &PUBLIC SERVICE 1978 - 90 City of Portland, OR Office of Neighborhood Assns. _ � � ori ,Y ,Portland CWe Access $ureau of Police • Organized neighborhood, district and city-wide organizing and,,outreach programs using cable: access-communications, newsletters and:public forums for reviews of city;:budget, land use" planning, environmental services and police programs and projects to meet federal and/or.;state. requirements. 1978-90. (full-time volunteer services) • As part of city Bureau Advisory Board, reviewed, analyzed and ;made recommendations of municipal budget annually, 1980-84. (part-time volunteer services) 1991 - 93 Atascadero CA Chamber of Commerce • As part of professional services provided, monitored and analyzed all local:issues before,,', Planning Commisssion; Economic Round Table:and City Council 4ecting Atascadero business.r, community, prepared reports for Chamber2 Executive Manager, board of directors t and membership. As directed,wrote and submitted organization positions on major,issues.. ;5 ;J ; x Please return to: CITY CLERK !!]6500 Palma AvenueRoom 208CITY Atascadero, CA 93422 CITY ,�►S�D � A P P L I C A T I O N CITY OF ATASCADERO PLANNING COMMISSION Name: e Pn e 1 P2 Address: q5 7IM `S�11 9-"'P (a 6po Telephone: /�� `� /�_-D Occupation: Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Planning Commission. Feel free to attach additional data or resume. Please see the attached resume for my education and work - experience . During the last two years of my retirement from July 1992 to — the end of June 1994, I have been a member of the San Luis - Obispo County Grand Jury . During my first year I served on the Planning Environmental Committee and Pro Tem Chairman of - the Administrative Committee . In the second year, I served as Grand Jury Chairman, Pro Tem, the chairman of the - Planning/Environmental Committee, and a member of the Administration Committee . During these two years I was the primary author on nine reports , four of these concerning Planning Department _ problems and procedures . Because of my previous service with the Grand Jury and my experience in planning, scheduling and — implementing management plans in industry, I would like to use this experience helping to uphold the planning policies and procedures of Atascadero as well as to try to help guide a bright future for the City of Atascadero . I believe I am an individual who will fairly address the — Planning Commission issues and have no personal or political �- agenda which I would follow. I hereby certify that the foregoing is correct, and that I am a resident of the City of Atascadero. Signature: Date: RESUME I was born June 27, 1932, in Oakland, California.'' I grew up and lived in several areas around the San Francisco Bay Area . I attended the University of San Francisco from 1950-54 and received a BS degree in Industrial Management and a 2nd Lieutenant Commission in the United States Army. " After graduation from the University of San Francisco, I spent two years in the army at Fort Eustace , Virginia, and Oakland Army Terminal , Oakland, California . I was the Executive Officer of a Headquarters Company at both locations . I was also Paymaster, Supply Officer,, on rotation as the Command Duty Officer and was a prosecutor on two courts martial . In June 1956 , I was honorably discharged from the Army. I accepted a position at Owens Corning Fiberglas Corporation in Santa Clara, California as a Scheduler/Planner and was there for three years . In 1959, I joined Dumont : Manufacturing Company in San Rafael , California where I worked as a Planner and Production Control Manager. When Dumont was purchased by H. I . Thompson Fiberglas (HITCO) I • became Plant Manager. In 1962, the assets and equipment of Dumont were '' combined with HITCO at the Gardena . California location. The next 27 years were spent at the Gardena facility as Product Engineering Manager, Marketing Administrator, Product Manager, and Marketing Manager. I retired from HITCO in 1989 and moved to Atascadero, California . During my career. I have been a member of= the American Defense Preparedness Association, Amer man Institute of Aeronautics and Astronautics and the Society of Advancement of Materials and Process Engineering ! I have been married for 40 years and have two children, both of whom are residents of Atascadero . I was active in the Boy Scouts of America program for several years with my son . Please return to: D ____..7q CITY CLERK A1 �` i��n ., � • 6500 Palma Avenue at,Jl`,M .l 1994 Room 208 �- iais p Md is a Atascadero, CA 93422 ° 'Y Q ATA-AO R(' � CADl (ITY CL RK` S 1rii i A P P L I C A T I O N CITY OF ATASCADERO � PLANNING COMMISSION Name: Allan L. Weaver Address: 11190 Santa Lucia Road P O BOX 1446 Atascadero Ca 93423 Telephone:(805)462-1240 Occupation: Loan Officer Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Planning Commission. Feel free to attach additional data or resume. I am very interested in serving on the Planning Commission with the City of Atascadero. I have enclosed my resume which will furnish you with information concerning my overall . employment background and capabilities What could be more important than the future successful direction we choose for the city to grow, and adjustments when necessary to the, "General Plan and Zoning". I enjoy the challenge of both continued Personal growth and contributing to the City Council . I hereby certify that the foregoing is correct, and that I am a resident of the City of Atascadero. Signature: 1i � � Date: f Allan L. Weaver P.O. BOX 1446 Atascadero, Ca. 93423 Res: (805)462-1240 Objective: Success in all endeavor's Educational Background: Mike Russ Schools 1992/93 Property''& Causality/Life Series: 6 Merritt Schools 1993 Dwelling'I& Homeowners Coverage University Programs1990 Real Estate Broker Courses Western Schools 1989 Business ,Law & Real Estate Anthony's Schools 1986 Real Est4te Courses and License Dale Carnegie 1978 Sales and Management Pasadena City 1968/69 Salesmanship & Marketing College U.C.L.A. 1967/68 Music L.A.Trade Tec. 1962/63 Business , & Merchandising Work Experience: Business- Partnership in chain of Gift Boutic;ue`s (5) 1982/1987 Manaaement Responsibilities: * Planned and developed a systematic'', aPProach to generate business success. * Chaired organizational meetings. * Gave oral presentations and showed ', sales promotional films before groups to stimulate sales (200) people. * Motivated others through skilled leadership and Perception of goals desired. * Coordinated operations by setting up work schedules, arranging details and overall supervision. * Supervised product promotion. Work Experience: Marketing Responsibilities: * Sold to customers and distributors direct * Creative selling techniques * Summarized sales and customer information for communication to management * Analyzed sales data * Reviewed competitive activity * Executed the formation of overall marketing policy * Utilized team building technique (different kinds of marketing approaches) Developed rapport by servicing clients and encouraging their trust * Handled customer complaints, and adjusted problems * Followed through on decisions and goals Employment History: North American Mortgage Company 1994 to present Independent Marketing and Sales 1992 to 1994 Tarbell , Realtors 1991 to 1992 Great Western Real Estate 1987 to 1991 (bought— by Tarbell Business Partnership 1982 to 1987 L. J . Morganti Company 1980 to 1984_ San Luis Obispo Hiram Walker and Sons, Inc. 1966 to 1980 Sincerely, Allan L. Weaver Please return to: CITY CLERK ( 5 111 " Ming a ■i I 6500 Palma Avenue -- I q � Room 208 CITY OF ATASCADERO 1918 1a7a Atascadero, CA 93422 1 CITY CLERK'S OFFICE i A P P L I C A T I O N CITY OF ATASCADERO PLANNING COMMISSION3a Name• p � � C1 Address• a ; Telephone: O�✓�D C//�/'-'-dsf/Occupation: - , 411 V Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Planning Commission. Feel free to attach additional data or resume. O o • U 4-11 01a � O a v I hereby certify that the foregoing is correct, and that I am a resident of the City of Atascadero. Signature: o C� Date: _?/ �`' • K ' a C. Fernando 9460 Mountain View Drive Atascadero CA 93422 • (805) 461-0250 Personal History 'm married and have 4 adult children. The youngest is attending Cal Poly. Our family moved to Atascadero in 1981.My husband and I presently own and operate a landscape and maintenance business.I handle all of the bookkeeping etc.'forthat business.I'm also presently employed by Bob Smith Industries as manager of shipping. Experience Summary: Howned my own business one in Buena Park and the other in Garden Grove. The one in Garden Grove was new and 1 worked with city planning and various regulatory entities In order to open this location. When I lived in Anaheim and Westminster, 1 worked for Diehl Evans and Co. —a CPA firm that handled almost exclusively municipal and governmental audits. 1 was an executive secretary with the responsibility of handling various clients accounts at different levels. Additionally I became intimately familiar with ongoing client audits. I was employed in Los Angeles as Assistant Administrator for Savin Business Machines. Inherent in this position was the responsibility of handling matters pertaining to local city ordinances, rules and'Red Tape: I managed a large sales staff and was responsible for vehicle acquisitions and repairs. I left this position to go into'!,business for myself. I was co-owner of a grocery store in Pomona. I was very much,in touch with the citydue to the zoning situation and because our store was 'grandfathered' in. It was necessary to meet certain criteria to continue to operate the store. I attended nearly every city council meeting during that time and later was named to an advisory board to interview and hire police officers. In addition, I was active in various committees which interacted with city government. In the past 1 have been a member of the Business and Professional Women's Club, I served as an officer in the Santa Ana Chapter and was Finance Chairperson for that club for two years. 1 was Vice President of IOP which was a diversified group of people who worked both with the city and school on community improvements. I am presently the Secretary-Treasurer of the Optimist Club of Atascadero. Education : �& Barboursville high School Barboursville, W.VA. Graduated Orange Coast College Costa Mesa Psyc- PoliSci -Span Los Angeles City College Los Angeles PoliSci-Accounting • 'Attended various seminars on investments, municipal regulations, personnel supervision, and business management. References furnished upon request LC� COd� Please return to: {° CITY CLERK 1 2 N INN ' a at 6500 Palma Avenue n Room 208 iais q a is a CITY OF ATASCADERO Atascadero, CA 93422 CITY CLERK'S OFFICE CADS A P P L I C A T I O N CITY OF ATASCADERO PLANNING COMMISSION I� Name: Sidney Scott Bowen Address: 5550 Cascabel Road Telephone: 461-0307 Occupation: Engineer Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Planning Commission. Feel free to attach additional data or resume. See Attached Pages. I hereby certify that the foregoing is correct, and that I am a resident of the City of Atascadero. Signature: Date: Homeowner Sidney Scott Bowen 5550 Cascabei Road Atascadero, Ca. 93422 June 27 1994 City Clerks Office 6500 Palma Avenue Room 208 Atascadero, Ca. 93422 Attn.: Lee Price: Dear Ms.Price: I have attached a copy of my resume for your use in evaluating my request to serve as'„a member of the Atascadero Planning Commission. It provides a summary of my education and other experience which,I believe,is compatible with the needs of and will enhance the diversity of the commission.My wife and I returned to settle in Atascadero last December after having moved from the city for an out-of-state employment opportunity. We expect to be long-term residences of the city and feel that it is important to contribute our experience and energy to aid in maintaining and improving the quality:',of life in this community. I think that you will agree that my diverse educational and work experience can provijde valuable insight to issues that routinely appear before the commission. In the past my work has required that I live in a number of different communities outside of California. The insight of observing how other cities handle planning and development within their communities will also provide useful input to future commission decisions. The activities that the planning commission will consider over the next few years are certain to affect the quality of life here in Atascadero. Additionally with the rapidly changing fiscal condition of the state the decisions of the commission could affect the social,economic,and environmental health of the community. The job of the planning commission is becoming more difficult as we must consider the implications of past and more recent Supreme Court decisions involving private property rights and "rough proportionality”as it applies to obtaining public lands.It is critical that we plan for growth that will inevitably occur. It is an arduous task for the commission to act on issues that will determine whether land use issues are appropriate,whether they will provide for adequate infrastructure,',and if they will be an economic burden on the existing populace. If this isn't difficult enough we must beware of the rights of property owners who desire to develop their holdings and must ensure the city's fiscal ability to provide existing and new necessary services that will inevitably be required as the city continues to evolve. I will bring an open mind and a few simple goals to the city's planning process.They are primarily to preserve the quality of life in our city with a well-planned and responsible attitude toward growth in the community. With this in mind,I submit my name for consideration as a member of the Atascadero Planning Commission. Sincerely Sidney Scott Bowen HOMEOWNER SIDNEY SCOTT BOWEN Address: Phone: 5550 Cascabel Road Work: (805)545-6031 Atascadero Ca. Home:(805)461-0307 93422 ENGINEER IN TRAINING Ca. Certificate: Lic#XE071036 Professional Experience: Electrician US Navy1976-1982 ENGINEERING BECHTEL POWER CORP.(Engineer)San Francisco Ca. Full time 1982-1985 Part Time1985-1989 Full Time1989-1990 (Student)Listed institutions 1984-1989 United Energy Services Corp(Engineering Consultant) 1990-1992 Pacific Gas and Electric I992•Present Engineering Design Including: Design Project Planning and Coordination -Cost Management and Planning Specifications,Development and Review Procurement,Specification and review of Purchase Orders System Start-ups Field Service and Support ELECTRICIAN: UNITED STATES NAVY,Submarine Service 1976-1982 SUPERVISOR,Engineering Plant Operations COORDINATOR,Training and Qualification Programs QUALITY CONTROL INSPECTOR Preventative Maintenance Coordinator Overhaul/Upkeep Maintenance Planning ENGINEERING ADMINISTRATIVE ASSISTANT Power Plant Operations and Maintenance EDUCATION: BSEE CALIFORNIA POLYTECHNIC STATE UNIVERSITY San Luis Obispo Ca. Lower division Engineering at Chabot College. Hayward Ca. Member of Student Government. Interacted extensively with Administration and College Board of Trustees Previous Residences: Fremont Ca. San Diego Ca. Orlando FI. Idaho Falls Id. San Luis Obispo Ca. Florence Sc. Pismo Beach Ca. { 1 Please return to: CITY CLERK p a e of A ■f 6500 Palma Avenue 1 519 n ' 1918 p *_. �f 1919 9 Room 208 CITY OF ATASCADERO � .SCAD Atascadero, CA 93422 CITY CLERK'S OFFICE f� � A P P L I C A T I O N CITY OF ATASCADERO PLANNING COMMISSION (P Name: Q L�f7 G L.4t2k-_ Address• c1 4- 3:5 r_-4_ k3=� •4VE ATS .o Telephone: 72.14 _` Occupation: -T- Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Planning Commission. Feel free to attach additional data or resume. X 4:eM f I hereby certify that the foregoing is correct, and that I am a resident of the City of Atascadero. Signature: '" Date: Please return to: 5R CITY CLERK 1994 0 111 6500 Palma Avenue n ' Room 208 CITY OF ATASCADERO iaia a *_ 0 19 8787 Atascadero, CA 93422 CITY CLERK'S OFFICE a CAD �� A P P L I C A T I O N CITY OF ATASCADERO PLANNING COMMISSION Address: .-5-2-t/c Telephone: SZ;3117 Occupation: �itigrqL Please give a summary of your education, experience and reasons for wishing to serve on the Atascadero Planning Commission. Feel free to attach additional data or resume. - r • I hereby certify that the foregoing is correct, and that I am a resident of the City of Atascadero. Signature: �6� Jr� Date: l i GEORGE Wm. SCIAROFF, IV (Sill ) 8740 El Camino Rl . hpt. B Atascadero, CA. 93422 (805) 461--5237 SSN., 570-08--0246 BIRTHDATE: 07/31/59 CDL: C4306210 MARTIAL STATUS: SINGLE16 OBJECTIVES: I seek to fill a position that is constantly called upon by the citizens and public offices for, advice. it is my desire to serve the community within which I reside and hope the input of citizens can be best served with a fair and objective viewpoint. EDUCATION: University of Alaska, Juneau Studied for Humanities degree (1980) University of Alaska. Fairbanks: TVCC Campus Studied for Quanitity* Food Service Cert - (1961) Received Cert. Overall BPA 3. 66 (4. 6 scale) Thunderbird H.S, Phoenix, AZ 1974 American H.S. , Fremont CA Kenai Central H. Kenai , AK Diploma--1979 BED McLaughlin H.S. , AK 1978 WORK EXPERIENCE: DUTIES Self-employed as laborer detailed and delivered remanufactured 1990-present Kenmore Washers and Dryers Casual Labor, etc. Several years of casual labor with family members in construction 1981 to 1987 Product Development Corp. Desk C'lerk--oversee assignment and P.O. Box 3109 distrubution of delivery routes for Merced, CA 95344-110q Pac-Bell telephone books seasonal 92/93 1-800-8413-8000 CULINARY EXPERIENCE Fast Lane Grill (1990) Line cook, prep, counter, cleaning 1234 Laural Lane- San Luis Obispo, CA Owner sold/folded business Stuffed Olive (1989) Line cook, prep, 1000 Olive St. San Luis Obispo, CA unable to work schedule/shift change Unemployed (1988 to Ma July offer to work Atas, schools recovering from accident culinary dept. Current job overrode mainten 73 Carl05'Els JrCamino R6. (197) (19BI-8(1981-827Cook preancep., .coAlunltershifts cleaning, bldg. l Atascadero, CA 93422 left for better wages with const. Wendy's (1987) (1986) Cook, prep, cleaning, bldg. maint. 7320 El Camino RI Opening shift, lead on lunch Atascadero, CA 93422 FuddrUckers Hamburgers (1926) Prep Cook opening shift Main St. Ventura, CA. Alphiti-e' s Deli ( 19e4) Sandwich maker, prep, counter, sales Adobe Plaza (gone) Catering Atascadero, CA went to work. CIS Keene (welding) State of Alaska ( 1978 thru 1981 ) Instutional cooking, prep & cleanin INTERESTS AND HOBBIES: Bicycling, Bowling, Computers, NLISiC, Politics, Card Playing MY NAME IS GEORGE Wm. SCHROFF, IV. AS A CANDIDATE FOR THE ATASCADERO CITY PLANNING COMMISSION I PLAN TO • BRING AN OPEN LATITUDE TO THE ISSUES BROUGHT UP FOR CONSIDERATION. I WOULD SURRENDER AN OPTIMISTIC AND STUDIED OPINION WHERE RECOMMENDATIONS ARE CALLED UPON BY THE CITY COUNCIL. I FIRMLY BELIEVE IN WORKING WITHIN THE FINACIAL MEANS OF THE COMMUNITY. I LIKEN MYSELF TO A CONSERVATIVE AND AN ENVIRONMENTALIST. I SUPPORT A SECURE COMMUNITY AND EACH INDIVIDUAL'S RIGHT TO STRIVE TOWARDS THE AMERICAN DREAM. THE CONCERNS AUTHORED BY THIS COUNTRY'S FOUNDING FATHERS NEED NOT BE LOST IN A MAZE OF LITIGATION NOR LACK OF ETHICS. SHOULD I BE SELECTED TO SERVE MY COMMUNITY I HOPE TO LEND TO EACH VOICE AN OPEN EAR AND FAIRLY ADDRESS EACH CONCERN. THIS STATEMENT HAS BEEN PREPARED BY MYSELF ON THIS DATE JULY 19, 1994. I RESIDE. AT 8740 EL CAMINO REAL APT B, ATASCADERO, CA. ?3422. 805-461—k37. pe �E �E WH -9 RD F, — • RESOLUTION NO. 03-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPOINTING ONE MEMBER TO THE CITY'S PLANNING COMMISSION WHEREAS, the City Council has adopted Chapter 9 of Title 2 of the Atascadero Municipal Code establishing the Planning Commission; and WHEREAS, public advertisements soliciting interest in appointment to the Planning Commission were published and posted in July of 19941•. On August 30, 1994, thirteen (13) applicants were considered and three (3) were appointed; and WHEREAS, due to a resignation effective November 29, 1994, there exists one vacancy on the Planning Commission; and WHEREAS, on January 10, 1995 and pursuant to revised selection procedures, the City Council agreed to re-consider for appointment interested applicants previously interviewed on August 30, 1994. NOW, THEREFORE, the City Council of the City of Atascadiero does resolve to appoint the following citizen to fill the unexpired term of one'', (1) year eight (8) months: 0 Said term to expire September 1 , 1996. On motion by Councilperson seconded by Councilperson , the foregoing Resolution is, hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: . LEE PRICE, City Clerk R. DAVID BEWLEY� Mayor REPORT TO CITY COUNCIL Meeting Date: 01/24/95 CITY OF ATASCADERO JAgenda Item ; C-4 Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: i Adoption of Ordinance No. 282 Amending Parks and Recreation Commissioners terms to be consistent with those of the Planning Commission. RECOMMENDATION: Adopt Ordinance No. 282 on second reading. Attachment: 1/10/95 Staff Report Ordinance No. 282 1 { ;I a i i 1 l REPORT TO CITY COUNCIL ITEM: C-4(B) CITY OF ATASCADERO DATE: 1/10195 THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Director ,//W Department of Community Services SUBJECT: Amending Parks and Recreation Commissioners terms to be consistent with those of the Planning Commission. RECOMMENDATION• It is recommended that the City Council approve Ordinance No. 282 amending Ordinance No. 268, section 2-13 .03 of the Municipal Code amending Parks and Recreation Commissioners terms. BACKGROUND: Upon review of the options to find a . better method for the staggering of Commissioner terms, staff has concluded that the existing method of setting terms for the Planning Commission is the best option at the present time. Other potential methods would acquire extending and/or abreviating current Commissioner terms. Staff deems those consequences to be undesirable relative to the benefits of staggering the term by another method. As a result of an earlier request of the City Council, staff has amended the ordinance and section of the Municipal Code that addresses the terms of office of the Parks and Recreation Commissioners so that they will be consistent with the Planning Commissioners terms. The four newly appointed Commissioners and their respective terms of four years will not be affected. BC:vc Attachment - Proposed Ordinance #282 is • ORDINANCE NO. 282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING ORDINANCE NO. 268, SECTION 2-13.03 OF THE ATASCADERO MUNICIPAL CODE AMENDING PARKS AND RECREATION COMMISSIONER TERMS The City Council of the City of Atascadero does ordain as ',follows: Section 1 . Section 2-13.03 of the Atascadero Municipal'Code is hereby amended to read as follows: Section 2-13.03 Members: Appointment: Terms of Office. The City Council shall appoint members of the Parks and Recreation Commission by a majority vote of the entire Council There shall be seven (7) regular members of the Commission. Commencing September 1, 1996, one member shah be appointed to a three (3) year term, which shall expire September 1 1999; and two • (2) members shall be appointed to a four (4) year term each, which shall expire September 1, 2000. Commencing September 1, 1998, two (2) members shall be appointed to a three year',term each, which shall expire September 1, 2001; and two (2) members shall be appointed to a four year term each, which shall expire September 1, 2002. Thereafter, all terms shag be for four (4) years and shall expire four (4) years after September 1st of the date of appointment, except those appointments made after the commencement'of the term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. Vacancies on the Commission occurring other than by expiration of term shall be filled in the manner established for appointments. All members shall serve at the pleasure of the City Council. Section 2. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascaderb News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Ordinance No. 282 Page 2 Section 2. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31 st day after its passage. On motion by Councilperson and seconded by Councilperson ' the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney APPROVED AS TO CONTENT: BRADY CHERRY, Community Services Director i 000,0'73 REPORT TO CITY COUNCIL Meeting Date: 01/24/95 CITY OF ATASCADERO Agenda Item : C-6 Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: Set date for next North County Summit. RECOMMENDATION: Set the next meeting of the North County Summit for Tuesday, January 31, 1995 at 7:00 p.m. Said meeting to be held in the City Council Chambers, 4th Floor Rotunda, City Administration Building, Atascadero, California. BACKGROUND: On November 3, 1994, members of the North County Summit (City Councilmembers of the Cities of EI Paso de Robles and Atascadero, San Luis Obispo County Board of Supervisors (North County) and the Templeton Community Services District) met and appointed a steering committee to formulate 'recommendations regarding the formation of a North County advisory body to address regional issues. The Steering Committee met on November 21, 1994 to discuss what direction to take and what agencies should participate. There was consensus to create the North County Council and By-Laws, including purpose and membership, were approved. In addition, the Steering Committee agreed on three items of regional concern: North County Water Issues (Salinas Dam, Lake Nacimiento pipeline and water levels, etc.), Economic Cooperation between North County lagencies, and the Salinas Area Plan. The Steering Committee's recommendations have been forwarded to members of the North County Summit. DISCUSSION: Staff is proposing that recommendations of the Steering Committee be discussed and ratified by the members of the North County Summhit. Once this has been accomplished, general discussion can be held on the three topics of regional interest. The tentative agenda is as follows: 1 Report to City Council Agenda Item #C-6 Page 2 1. STEERING COMMITTEE RECOMMENDATIONS A. Joint Resolution Establishing the North County Council and approving Organizational By-Laws B. Appointments to the North County Council 2. GENERAL DISCUSSION: A. North County Water Issues B. Economic Cooperation C. Salinas Area Plan Attachment: Minutes of the November 21, 1994 Steering Committee Meeting TEMPLETON COMMUNITY SERVICES DISTRICT BOARD of DIRECTORS '•; Bill Engels,President STAFF Clifford S. Beene,Vice-President © William Van Orden,General Manager Robert Bergman,Director l.4turle Ion,Asst. Mgr.-Administration John Gannon,Director Richard Dolling,Asst. Mgr.-Utilities Russ Thompson,Director O �C, 33Gry�rr SERv�c�S�`yc P.O. Box 780 • 98 Main Street, Suite D • Templeton, California 93465 • FAX (805) ? 34-0690 • (805) 434-4900 JOINT NORTH COUNTY STEERING COMMITTEE MEETING TEMPLETON COMMUNITY SERVICES DISTRICT, THE CINES OF EL PASO de ROBLES AND ATASCADERO, AND SAN LUIS OBISPO COUNTY NOVEMBER 21, 1994 Templeton Community Services District President Bill, Engels called the meeting to order at 7:15 p.m. ROLL CALL: Present: Templeton Community Services District Board Members Bill Engels and John Gannon Paso Robles City Councilmembers Steve Martin and Jim Heggarty Atascadero City Councilmembers George Highland and George Luna San Luis Obispo County Board of Supervisors David Blakely and Harry Ovitt Also Present: Laurie Ion, Board Secretary Templeton Staff Present: William G. Van Orden, General Manager Paso Robles City Staff Present: Richard Ramirez, City Manager '' and Jim App, Assistant City Manager Atascadero City Staff Present: Andy Takata, City Manager DIRECTORS COMMENTS: President Engels provided the introduction and ', presented an overview of the steering committee's role. President Engels also expressed words of welcome and appreciation to all the members 1 present. Public Comment: Mr. Joe Kelley of Atascadero requested that the committee address important North County issues, i.e. Salinas Dam. He also requested that the two supervisors be removed from the committee. Mr. Scott Sayer of Templeton concurred with Mr. Kelley's comments. He proposed splitting the County into two section - north and south. Mr. Dick Bonehue suggested that an ag representative be placed on the committee. He also questioned the presence of the two supervisors. Mr. Michael Covan also addressed his concerns regarding the supervisors being represented on the committee. BUSINESS: The representatives discussed what direction the steering committee should take and what agencies should participate on the committee. NOTION: By Supervisor Blakely, seconded by Councilmember Luna, to appoint an ad-hoc committee composed of Atascadero, Paso Robles, Templeton CSD and the two Board of Supervisor representatives. He suggested that the meetings focus on a variety of North County issues. AYES: Councilmember Luna and Supervisor Blakely NOES: Councilmembers Highland, Martin, Heggarty and Directors Gannon and Engels, and Supervisor Ovitt NOTION: By Martin, seconded by Councilmember Highland, to create a body which would include advisory members, cities, special districts and county representatives. Voting members would include an executive committee made up of representatives from Atascadero, Paso Robles and Templeton. Ex-officio members would consist of the advisory councils and county representatives . AYES: Councilmembers Highland, Martin and Heggarty NOES: Councilmember Luna, Directors Gannon and Engels, and Supervisors Blakely and Ovitt 2 0 Discussion ensued with the members addressing what members should be on the committee. NOTION: By Supervisor Ovitt, seconded by Councilmember Martin, to create a committee which would consist of advisory groups, multi-functional ' CSDs, city councils and county representatives. Voting members would be represented on an executive committee consisting of representatives from Atascadero, Paso Robles, Templeton CSD and two ex-officio representatives. The ex-officio representatives would be selected from either an advisory committee and/or multi-functional CSD. AYES: Councilmembers Highland, Luna, Martin,', and Heggarty, Directors Gannon and Engels, and Supervisor Ovitt. NOES: Supervisor Blakely The committee addressed the by-laws as presented , by President Engels of Templeton CSD. NOTION: By Councilmember Martin, seconded by Supervisor Ovitt, to accept Article III with an amendment to section 3 which inserts the words "economic development" after public improvements. AYES: Councilmembers Highland, Luna, Martin, and Heggarty, tDirectors Gannon and Engels and Supervisors Blakely and Ovitt. MOTION: By Councilmember Martin, seconded by Heggarty, to approve Article I with an amendment to the organization's name - North County Council. AYES: Councilmembers Highland, Luna, Martin, and Heggarty, Directors Gannon and Engels and Supervisors Blakely and Ovitt. The committee addressed a potential "shopping list"'' of items that they would like the council to address, they are as°' follows: 01. Salinas Dam Expansion Issue 02 . Salinas River Plan and other North County area plans 03. Cities General Plans 04 . Solid Waste 05. Lake Naci.miento (levels) 06 . Naci.miento pipeline 07 . Transfer Development Credits (TDC's) 08 . Economic Cooperation 09 . Cooperative Law Enforcement/Dispatch Services 10 . Public Transportation • 3 11. Division of the North and South county. 12. North County Branch of Cuesta College 13. Emergency Medical Services 14. North County Services - State, Federal and Local 15. Telecommunications Services to North County MOTION: By Councilmember Heggarty, seconded by Councilmember Martin, to limit the list to fifteen items. AYES: Councilmembers Highland, Luna, Martin and Heggarty, and Directors Gannon and Engels and Supervisors Blakely and Ovitt. Councilmember Martin suggested that the committee select five items off the list and concentrate on those. Discussion ensued with the committee's consensus to limit the list to three items. MOTION: By Councilmember Martin, seconded by Heggarty, to have the council review the following items: North County Water Issues (Salinas Dam, Lake Nacimiento pipeline and water levels, etc. ) , Economic Cooperation between North County agencies, and the Salinas Area Plan. AYES: Councilmembers Highland, Luna, Martin and Heggarty, and Directors Gannon and Engels, and Supervisor Ovitt. NOES: Supervisor Blakely MOTION: By Councilmember Martin, seconded by Heggarty, to adjourn the meeting for the evening at 9:45 p.m. The next meeting of the council will be held after the holiday season at the City of Atascadero. Adjournment Respectfully submitted, TEMPLETON COMMUNITY SERVICES DISTRICT Qu4rie A. Ion, Board Secretary 4 . i NORTH COUNTY COUNCIL Article I Name of Organization Section 1: The name of this organization shall', be the North County Council. Article II Form of Organization Section 1: This Group is a committee formulated to give advice to local, county, state, and federal governmental and regulatory agencies on concerns of common interest to the North County. Article III Purposes of the Committee The Advisory Committee has as its purposes the following: Section 1: To develop and maintain involvement for furthering sound planning and development in the North County area. Section 2: To foster a comprehensive program of development aimed at providing the maximum of public input and consensus on planning issues in the northern area of San Luis Obispo County. Section 3: To represent views in matters historically identified with sound development including, but not restricted to, land uses, public services, circulation, public improvements, economic development and other aspects of community growth with respect to regulatory concerns. '; Section 4: To hold public hearing(s) , conduct studies and make recommendations to the responsible agencies and also to report to said agencies on matters, issues, projects and programs that effect the North County. Article IV Membership Section 1: Membership on the committee shall consist of two members from each city council, two members from the board of directors of multi-purpose community services districts, and two board of supervisor members whose districts lie within what is generally referenced as the North County. In addition there shall be one member from each publicly elected and recognized area advisory committee located in the North County. The committee shall be recognized by resolution of the San Luis Obispo County Board of Supervisors. i