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Agenda Packet 09/22/1980
♦ i AGENDA ATASCADERO CITY COUNCIL Regular Meeting September 22, ' 1980 Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment NOTICE TO THE PUBLIC All matters listed under Item A, Consent Calendar, are con- sidered _to be routine and will be enacted by one motion in the to= listed below. There will be no separate discussion of these items. If discussion is required., that item will be 'removed from ' the Consent Calendar and will be considered separately. Vote may s be by roll call. A. CONSENT CALENDAR 1. - Minutes of the regular meeting of September 22, 1980 (RECOMMEND APPROVAL) 2.' Waiver ofcurband gutter requirements established in con - junction_ with construction of a maintenance, yard ' Atascadero Mutual Water Company (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) ' 3. Acceptance of Final Map, Tract No. 770, 8600 Atascadero Ave. , Watson/Hilliard (RECOMMEND ACCEPTANCE) 8- HEARINGS APPEARANCES AND REPORTS 1. Public hearing on request for a change of zoning from A-1-2h to C-2-D, 2450 E1 Camino,, Real - Wentzel/Gaskp 11 2. Update on school crossing guard situation'- report by City Manager C. UNFINISHED BUSINESS 1. Appointment of ex officio Councilmember and School District YM member to Parks and Recreation Advisory Board 2. Ordinance No. 29, Purchasing System second reading D. NEW BUSINESS 1. Resolution No. 22-80 - Retirement of Senator Robert P. NmBMo 2. Ordinance No. 30 - Transient Occupancy Tax - first reading 3. Resolution No. 21-80 - Claim for Local Transportation Funds, , 4. Consideration of street closure for Colony Days Parade S. Consideration of bids for telephone service 6 Consideration of transfer of funds for fire insurance premium E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City .P�ttorney y^, 3. , City "$tanager MINUTES - ATASCADERO CITY COUNCIL Regular Meeting i September 8, 1980 7 : 30 p.m. ((( Atascadero Administration Building The meeting was called to order at 7 :30 p.m. by Mayor Wilkins with the Pledge of Allegiance. Reverend Dexter of the Methodist Church gave the invocation. ROLL CALL PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins ABSENT: None PUBLIC COMMENT 1. Bob Wertz , a resident of Rancho del Bordo Mobile Home Park, reviewed a condition existing on El Camino Real in front of the Park which could create a hazard for residents trying to make a left turn across E1 Camino at the entrance to the mobile home park. He suggested that the City could paint a left turn lane in front of the Park to minimize the hazard. Staff was directed to look into the matter. 2. Ed Mayo stated that although Standard Oil has withdrawn its application to obtain a permit to use oil line to transport toxic wastes through Atascadero, he feels that Council should adopt a local ordinance to prevent any future transmission of wastes. MOTION: Councilman Nelson moved that Staff be instructed to explore this matter further and report back to Council. The motion was seconded by Councilman Mackey and unani- mously carried. 3. Councilman Mackey announced that the Economic Opportunity Commission is having election of representatives to the Board. She asked that any interested person contact her for petitions_ A. CONSENT CALENDAR 1. Minutes of the regular meeting of August 25, 1980 (RECOMMEND APPROVAL) 2. Treasurer' s Report, 7-19-80 to 8-31-80 (RECOMMEND APPROVAL) MOTION: Councilman Stover moved for the approval of the Consent Calendar. The motion was seconded by Councilman Nelson and unanimously carried. B. HEARINGS, APPEARANCES AND REPORTS • None MINUTES ATASCADERO CITY COUNCIL Regular Meeting September 8, 1980 Page Two C. UNFINISHED BUSINESS. 1. School crossing guard contract of employment Mayor Wilkins stated that Council was requested to authorize the City Manager to sign the agreements between the City and the school crossing guards for their services. Councilman Nelson stated that the middle of the school year is 'February Ist rather than December 31st. The agreement was changed accordingly. MOTION: Councilman Highland moved that the City Manager be authorized to sign the Contract of Employment with the school crossing guards. The motion was seconded by 'Councilman Stover and unanimously carried. Mr. Warden stated that he still had not received` a response from the School District regarding their participation in this 'pro gram. D. NEW BUSINESS 1. Consideration of voting delegate League of California Cities Mayor Wilkins explained that a' voting delegate and an alternate need to be chosen for the League' s Annual Convention when the Business Session considers conference resolutions. MOTION: Councilman Nelson moved that the Mayor be selected as the voting delegate and the Mayor Pro Tem as an alternate. , The motion was- seconded by Councilman Mackey-and unaniq ' mous ly carried`. 2. Ordinance No. 29, Purchasing System` - first reading MOTION. Councilman Highland moved that Ordinance No., 29 be read by title only'. The motion was seconded by Councilman Nelson and unanimously carried. Mayor Wilkins read Ordinance No. 29 by title only. M©TION: Councilman Highland moved that this constitute a first reading of Ordinance No. 29. The motion was seconded by Councilman Stover and uani.mously carried by roll call vote. 3. Resolution No 24-80 establishing rules, regulations and fees for the -use of City building-s and park facilities MOTION: Councilman Highland moved that Resolution- No. 20-80 be read by title only. The motion was' seconded` by Council.- • • MINUTES - ATASCADERO CITY COUNCIL • Regular Meeting September 8, 1980 Page Three man Mackey and unanimously carried. Mayor Wilkins read Resolution No. 20-80 by title only. MOTION: Councilman Nelson moved for the adoption of Resolution No. 20-80. The motion was seconded by Councilman Mackey and unanimously carried by roll call vote. Mr. Warden discussed the exemptions section of the resolution which applied to certain non-profit organizations. He stated that it was -the intent of the Resolution to charge fees and deposits to organizations, such as the Colony Days Committee, unless Council wished to exempt them. Council felt that the Resolution should be enforced as it is. 4. Consideration of Agreement with the County of San -Luis Obispo for maintenance of traffic control devices This contract would provide for the maintenance of traffic signals and street striping by County personnel . Caltrans can pro- vide the same service, but require establishing a $10 ,000 to $15,000 parts stock-pile. The private contractors are not available in the • Atascadero area. MOTION: Councilman Stover moved for approval of the,maintenance agreement and authorization for signatures. The motion was seconded by Councilman Highland and unani- mously carried by roll call vote. 5. Consideration of elevator maintenance contract MOTION: Councilman Highland moved for acceptance of the contract with Oliver & Williams Elevator Corporation. The motion was seconded by Councilman Nelson and unanimously carried by roll call vote. MOTION: Councilman Mackey moved that the City Manager be authorized to sian the contract. The motion was seconded by Council- man Nelson and unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Mackey complimented Public Works on the appearance of the new parking lot as well as the lawns around the Administration Building and Sunken Gardens. • • • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting September 8, 1980 Page Four • (b) Councilman Stover reported on a recent meeting of the Area Council of Governments. (c) Mayor Wilkins requested that Staff prepare a resolu- tion honoring Sentator Nimmo upon his retirement. 2. City Attorney Mr. Grimes had nothing to report. 3. City Manager (a) Mr. Warden reported on a vanpool concept for ride- sharing currently being considered by the Staff of the Area Council of Governments. (b) Mr. Warden stated that the Council would be receiving recommendations for awarding bids on road resurfacing in the near future along with a list of roads recommended for repair. (c) Mr. Warden requested an executive session to discuss personnel matters and stated that he did not antici- pate any announcements after the meeting. The meeting adjourned at 8: 17 p.m. Recorded by: MURRAY L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk • M E M O R A N D U M TO: City Manager/ DATE: September 17, 1980 FROM: Planning Director SUBJECT: Curb and Gutter Waiver LOCATION: 6575 Sycamore APPLICANT: Atascader© Mutual Water Company -REQUEST: To waive curb and gutter requirements established in conjunction with the construction of a mainten- ance yard. On September 2, 1980 the Planning Commission reviewed the subject ' matter and unanimously recommends that the curb and gutter `re- quirements imposed in conjunction with Permit No. 38182 be waived based' upon the following finding: - 1. The installation of curb and gutter improvements in conjunction with the maintenance yard would be incompatible with the ultimate development of the area. It was the consensus of the Planning Commission that curbs and gutters would serve no practical purpose and would not be needed in the subject area now or in the future. No one appeared on this matter at the meeting. i LAW RE CE TEVENS M Y WARDEN Plannin irector City Manager ` j r r .� 9 CITY OF ATASCADERO ■ ■ ■ ■ 3 MIS ■ ` Y� Planning Department . .September 2, 1980 C" w STAFF REPORT SUBJECT: CURB AND GUTTER WAIVER LOCATION: 6575 Sycamore APPLICANT: Atascadero Mutual Water Company REQUEST: To waive curb and gutter requirements established in conjunction with the construction of a maintenance yard. BACKGROUND 1. Existing Zoning: M-1 2. General Plan:_ Industrial - The General Plan states further (p. 89) that "Curbs and gutters should be required in all industrial land use categories. Sidewalks may or may not be required. 3. Lot Size: Irregular shape. 4. Ordinance Regulations: Section 19.60. 020 requires curb and gutter improvements in industrial districts within urban areas in conjunction with building permits and further provides that such installation may not be required if: a. The City Engineer determines that an incompatible grade situation would result. b. The Planning Commission determines that improvements would be incompatible with the ultimate development of the area. c. The City Engineer determines that improvements would be premature to development of the area and requires a band, deposit or similar performance guarantee. 5. Permit No. 38182 was issued by the County Planning Department on December 7, 1979 allowing construction of a 3894 sq. ft. building with 3750 sq. ft. of service area and 144 sq. ft. of office area. The permit was finalled on March 20 , 1980 . A cash deposit was submitted to guarantee installation of curb and gutter improvements if the waiver was not granted, . Page 2 is STAFF COMMENTS This request has been reviewed with the Public Works Department and field investigation indicates that no curb and gutter exist within the subject area. Furthermore, review indicates that the curb and gutter would serve no practical purpose (i.e. directing drainage, etc. ) now or in the future. It is extremely unlikely that any curb and gutter improvements would be considered in the subject area in the future. As a result waiver of these requirements as provided by Section 19 .60 .020 seems appropriate. FINDINGS 1. The installation of curb and gutter improvements in conjunc- tion with the maintenance yard would be incompatible with the ultimate development of the area. RECOMMENDATION Based upon the Finding, the Planning Department recommends granting of the request to waive the curb and gutter requirement established in conjunction with Permit No. 38182 . ACTION • Direct Staff as deemed appropriate. Report prepared/approved by: gal,A� LA RENCE S1Y4VENS Planning D ector • . .11,c 5 _ 25 '4 1.2 y c SITE � � T 2s20 r`l op � - QQo 69 3& 18 2 1 2 y �; ( • � I 70 P3 ! 72 I6 24 -' ss _ F3 �3 l5 25 r 6 >F 74 j 8-A 9b F6 �s 9 s2 30 -- gZ ` 9 al sa t CEMETERY s k a4 ITEM 8-- 1 A ' �s as VluNrr� ZONING MAP 14'rA S. M vT UA L VvilfF MA/,,,J TE n/A n/ C r YA-/Z 15x. ?e ''=� 1 � 3 c e� e �S1 r �" (SLA rel MEMORANDUM : fi3 Date: September 17, 1980 To: City Manager/ '�"`^�'1 -_ From: Planning Director Subject: Tract No. 770 — Acceptance of Final Map Location: 8600 Atascadero Avenue Applicant: Watson (Hilliard) The City Council approved the Tentative Tract No. 770 allowing creation of three lots of 1.0 , 1.0 and 2.4 acres on December 10, 1979 subject to certain conditions and in concurrence with the recommendation of the Planning Commission. . The zoning is R-A and the general plan designation is Moderate Density Single Family Residential. Staff review has determined that the ap- plicants have complied with all conditions that were established. On September 2, 1980 the Planning Commission reviewed the sub- ject matter and unanimously recommends acceptance of the Final Map. LAWRENCE TEVENS WARDEN Plannin irector 7,ty Manager { 's '.c '; y -,(�••� .;.�i f�,�Yl zaa� �TM i 'e � 0 � Q Q � " C f + ` ����t'p11\,•: � A , ._ _:.. xr a '.h� V' ` a,phe _ ♦` .`�O�� A �^"a a. �.. r�S ava�. � (� 1�"IrV I�,y,.`Y1f, .�-: ;1 p VQ .4.1 r a p B y ppvl0 \-t ••��"4 0 .., 1� � � " = fes ,• aa . � � � �� , . � , \ecN �z v� ...... "r �,. 0� n�o" rt _. � �•.fie• " 4+a$�, ` r 44'i" li... y�� �V�,� I� ���\ a :..,r i � �NaY .1N�{'V �! � `V! h ry �:1; �..�• xy.f.4 r �w,_•� �V 9�...r qWy .c a -. . . . k.....-r.Lt:s_" ✓. ". ..". ..P:.,i � it k'1<. A �,,:nn w..�C,-.t..+1, Ss 1, Y ,.si,.. 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V i � / r hr� ..`.e-`R •Ma:fFe. .!. \ h 1. �-''t� '. 1•-, ti'tta ter 1 µ, ++ - � H l®B6I /y pOdl.iG�✓ M,r' TT 10 7 lull pcq V t M E M O R A N D U M TO: City Manage r/ L DATE: September 17, 1880 _ FROM: Planning Director SUBJECT: Conditional Negative Declaration Zone Change Z800519 :1 LOCATION: 2450 El Camino Real APPLICANT: James Wentzel/James Gaskell REQUEST: A change of zone from A-1-2' to C-2-D On August 18, 1980 the Planning Commission conducted a public J` hearing and unanimously recommends, with Commissioner Wentzel abstaining, as follows: 1) - Issuance of a Conditional Negative Declaration subject to the following conditions: a. That drainage plans be submitted, for review and approval prior to issuance of the Departmental Review .(or building permit) . b. Discharge of chemicals, wastes, and similar materials into the sewer system or drainage courses is prohibited and all discharges shall be handled according to accepts- , ble disposal practices. c. That a "D" designation should be placed on the requested ' C-2 zone to allow further design and environmental re- view of uses to be associated with the site. Approval of a change of zone .from A-1-2h to C-2-D with the "D" to mean; "Departmental Review is required for all 'uses to evaluate the following: a. Consistency of the proposed uses with the Commercial Park designation of the General Plan. b. Scope of the proposed use and the building site area required. C. Design review of development proposals with particular ;attention to insuring an attractive appearance from both Highway 101 and El Camino Real,by means of architectural design, landscaping, screening of outdoor storage and large paved areas; ,building and use setbacks, and signing limitations. " 1 4 y l Page Two September 17, 1480' In making the above recd-n�endation the Commission adopted Findings 1-3 as listed in the attached Staff report., It was the consensus of the Commission that the C-2-D zoning was an acceptable approach pending development of the Com- mercial Park zoning text and that the identical "D" had been Placed on othet 'Commercial Park property. Th-pre was also general' discussion among- the Commissioners concerning the mini- mum lot size of two acres, concerningthe consistency of the , commercial office/ceramic molds manufacturing complex t4ith` the intent of Commercial Park, and concerning the gotetntial vacation of Madera Place.' The applicant (Mr. Gaskell) was present at the hearing and' ind caged agreement with ,the recommendation. No one else appeared" con the matter. a In the event that the' Council concurs with the Planning commission recommendation, they should direct Staff to file a Notice of Meter-- mi.nation,concerning" the,,Condtional Negative Declaration and to prepare an ordinance and ordinance Haag for consideration at the next meeting® ZCA LAWRENCV, 47VENSRDEN Plannin irector rty ager 1 J a _ i J. e CITY OF ATASCADERO ....�. Planning Department 1918 1979 August 18, 1980 i STAFF REPORT Subject: CONDITIONAL NEGATIVE DECLARATION (DRAFT) ZONE CHANGE Z 800519 : 1 Location: 2450 E1 Camino Real (northeast corner of El Camino Real and Madera Place) Applicant: James Wentzel/James Gaskell Request: A change of zone from A-1-2 1/2 to C-2-D BACKGROUND 1. Existing Zoning: A-1-2 1/2 (Light Agriculture District with a 2 1/2 acre minimum parcel size) . 2. General Plan: Commercial Park. The following guidelines • addressing Commercial Park in the text of the General Plan are pertinent to this request (page 51) : "A commercial area is needed which will be suitable for large lot commercial uses (i.e. auto agencies, nursuries, etc. ) . It is recommended that the area between El Camino Real and Hi ghway 101, from just north of San Anselmo Road to Del Rio Road, be designated Commercial Park. Permitted uses shall be new and used auto agencies, nursuries, van and storage facilities , etc. Minimum lot size shall be two acres . (This restriction would not be applicable to existing lots . ) Development criteria should be the same as for Industrial Parks. " (See p. 118-9) 3. Site Conditions: The site consists of 54 , 586 sq. ft. (1. 26 acres) and is nearly rectangular . The topography is generally flat with some vegetation in the form of trees and brush. Soils are rated with a slight to moderate erosion hazard and moderate to severe limitation for percolation of sewage efflu- ent. 4 . Environmental Determination: Review was initiated by the County Environmental Coordinator but an environmental determination was not made. 5. Project Description: The applicant is requesting rezoning from A-1-2 1/2 to C-2-D to bring the zoning of the site into • August 14, 1980 Page 2 conformance with the 1980 Atascadero General Plan and to enable subsequent use of the site for Corporation Office uses and the manufacturing of ceramic molds for clay castings made by Alberta' s Molds , Inc. Perliminary plans indicate that a 16 ,000 sq. ft. building will be used for the molding business and an additional 10 ,000 sq. ft. building for other suitable commercial and office uses. STAFF COMMENTS: Since it is the applicant's intent in requesting this rezoning to allow construction of a commercial facility to develop ceramic molds and other commercial office uses, evaluation of this request should focus primarily on the consistency of this rezoning and the intended use with the General Plan. Under the present Zoning Ordinance a specific Commercial Park zone is not available. The zone available that meets most the requirements and guidelines of the General Plan as discussed above is the C-2 zone. The guide- lines for Commercial Park development outlined in the General Plan provide for approval and enforcement of development standards before new development occurs. This guideline can be implemented by the addition of a "D" designation to the requested C-2 zone, • which would require a Departmental Review Approval for all uses . The conceptual site plan for the commercial development is included with this report to facilitate environmental review of this proposal. However, consideration of the details of the project, is best deferred until the subsequent Departmental Review is submitted. With respect to development of the site it should also be pointed out that the adjacent cul-de-sac (Madera Place) would seem to serve no practical purpose since both affected parcels also have direct access to E1 Camino Real. Elimination of the public street through the filing of a street vacation application would seem to benefit both the City by reducing rain-cenance costs and the owner by increasing his usable land area without having any detrimental effect on the general public. FINDINGS: 1. The project will not have a significant effect upon the environ- ment and the preparation of an Environmental Impact Report is not necessary. However, it is necessary to introduce certain mitigation measures into the project to minimize potential advise effects. • August 14, 1980 Page 3 2. The recommended "D" with the proposed rezoning will provide an opportunity to ensure that the resulting development will be an attractive and compatible neighbor to adjacent properties and public roads . 3. The recommended rezoning is consistent with the Commercial Park designation of the site by the 1980 Atascadero General Plan. RECOMMENDATION• Based upon the Finding, the Planning Department recommends as follows : 1. Issuance of a Conditional Negative Declaration subject to the following conditions : a. That drainage plans be submitted for review and approval prior to issuance of the Departmental Review (or Building Permit. ) b. Discharge of chemicals, wastes and similar materials into sewer system or drainage - courses is prohibited and all discharges shall be hand led according to • acceptable disposal practices. C. That a "D" designation should be placed on the required C-2 zone to allow further design and environmental review of uses to be associated with the site. 2. Approval of a change of zone from A-1-2 1/2 to C-2-D with the "D" to mean: "Departmental Review is required for all uses to evaluate the following: a. Consistency of the proposed uses with the Commercial Park designation of the General Plan. b. Scope of the proposed use and the building site area required. C. Design review of development proposals with particular attention given to insuring an attractive appearance from both Highway 101 and El Camino Real by means of architectural design, landscaping, screening of outdoor storage and large paved areas, building and use set- backs, and signing limitations. " ► August 14 1980 • • g Page 4 ACTION • To approve: "I move to recommend adoption of a Draft Conditional Negative Declaration and to instruct its filing with the County Clerk subsequent to a Council public hearing and to approve a ; change of zone from A-1-2 1/2 to C-2-D subject to Staff findings and recommendations. Report prepared by: OIA� MI Relf Report received and approved by: 444- LAnENCE Z VENS • 0 oor 3 \ g\ � 5 2 35 gib• 7-A 8 A I3 �C _ _ 5 12 9 \/ 14-1 CZ A - 1 �/ \ 16 J 5 `• 10 \ II \ y 17 23 9 i 12 .- 10 \ �� \ \ v 13 8 7 J 2 13 J17 � ' g \ 14 21 7-A 9 6 5 20 Ubs11a. 5 A- 1 6 � \ • F 4 L� 16 �V \ \ 5 raR.6 \ /\PPnK.o Q40. \\PAR 2 V401010 t7 Cpl PaR a PARCEL I ' 10, 4 \ .-� t.233 .obbizt9•� �° \ - 1 23-A PARCEL 2 I vc .2 A\ i JQ 24 \ \\ _ 26 \ 13 25 27 28 - - . 35 -A s 6 _ 34 3-D(50` 36 — 33 �\ �� II 3 30 5 �Z `, 8 , VICINITY MAP 7 pR�EGT U)CATICOM 6 i 2 //C( / 5 ZONING � �.:xarwc..w:.cx.;sgx,�..w..r•:rtrY -�- -. s r+�- y.�. _. .i. s...v:�a/N•i-1-,.=l:int-�%�si4 as.�j' . ,..,-.r�+.s..ti"'-_ar•.- �' -...',eY' +rSa�i:L �ai'.'�..+.�..'a..-.+:.�..r�?....fti::�Y �.�c.-s��lar.:l.:?''•C:c`�J.`�;t��i. �e+�4.� i ,z,E�,'+-;s„�iw. EL CA M O SIGN ,i ►� � 60 x 100 mow ; RENTA ; ' t U A U T, (F -rUriE 1= c-r r�Y) � � UJ t• �I - SCRV ICI=• �, � a i I � 10 - i PARK I N41 -STAFF N Q TWO S70mr 4o x 3o 2400� 45x3 ' GOOD �' j X I (000 _"Co0 x S o' FuTu FZ 1G `�i, - - FuTutzE ` — — t.:3-PARKIN�o YIP/VISJTO(ZS STfTu E LZ�ACH FIELD I_ I .... Co "..ma � y,;..F y '•-`. �A'`""'�' `. -atcr+�C•' �`�F',`�r`..r�9S�DY ."";" v .+w.y sx,u SITE ' PLAN '— .R.� i..�� d.•ll'.� sG�'yY-...yr�9:lL.Ji:•���"-.-1 -1t�.��--_.eP...-Lnaiil-.wL MASTED. PLM M_E_M_O_R A_N_D U M_ TO: City Council FROM: City Manager SUBJECT: Appointment of Parks and Recreation Advisory' Board ex officio members The Parks and Recreation Advisory Board met on September - 10th and selected their officers and established their meeting 'dates. Attached is a copy of the minutes of that meeting. The meeting date was established for the second Thursday of each month at 7: 30 p.m. and will be held in the lounge of the Rotunda Room. At a prior meeting, I neglected to ask you to appoint the two ex officio members; one from the Council and one from the School District. Mr. Dan Ross has been selected by the Superintendent of Schools for School District represen- tation. In accordance with our existing ordinance, it is requested thatn the Mayor make such appointments. JR L. WARDEN W.ad 9-18-80 RECEIVED SEP 1 MINUTES ATASCADERO PARKS AND RECREATION ADVISORY COMMITTEE Regular Meeting September 10, 1980, 7:30 P.M. 1. Meeting called to order by City Manager, Murray Warden 2. Roll Call: Mark Jensen, Janice Baum, Dave Cannon, Ken Meyer, Steve Stephenson, Ruth Doser, Donn Clickard, and Dan Ross,' exof€icio member 3. Members were sworn in by Murray Warden 4. Election of officers: Chairman - Dave Cannon, Vice-chairman - Donn Clickard, Secretary Ken Meyer New Officers 'took over eb 1.' Discussion to move to room 306 2. ` Discussion to change meeting night to second and fourth Thursday: at 730 P.M. 3. Motion to meet on second Thursday at 7.30 P.M. , passed. Room to'be :possibly changed latera (undecided) 4. ' Mr. Warden explained the proposed Parks and Recreation staff' and briefly explained Mr. Rosss (Paso, Robles)' relationship with the Commission. ,5. City Manager and staff is available for whatever assistance may be needed. 6. Stuart Ross gave rundown of proposed programs and future direction. 7. Motion to meet in Oct or November with Director of Parks and" Recreation to view available city property for park use Passed. Stu will give us a date at the October 9th meeting. 8. Stu explained how the Paso Robles Parks-and Recreation programs are all self supporting. Discussed benefits of joint purchasing power (cost benefit) 9. Motion .to adjourn at 8:55 PM, passed Respectfully submitted, Ken Meyer, Secretary KM/eb J l ORDINANCE NO. 29 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 3 ENTITLED •PURCHASING SYSTEM TO TITLE 2 OF THE ATASCADERO 'MUNICIPAL CODE The Council of the City of Atascadero ordains as follows: Section 1, Chapter 3 of Title 2 is ' added to the Atascadero Municipal Code to read as follows: TITLE 2 ADMINISTRATION Chapter 3. Purchasing System 2-3. 01. System adopted. A centralized purchasing system is hereby adopted in order to establish efficient procedures for the purchase of supplies and equipment, to secure supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive finan- cial control over purchases and to define authority for the pur- chasing function. 2-3.02. Designation of purchasing functions. The City 'Manager, by separate Code provisions, 'has been assigned overall purchasing responsibilities for all departments and` divi- sions of the City. To discharge these responsibilities, the City , ' Manager may designate such other person or persons as he shall deem necessary to assure compliance with the laws, rules and regulations governing the purchase of supplies and equipment. 2-3.03. Purchasing Officer - Duties. . There is created the position of Purchasing Officer who shall' be the Finance Director unless otherwise specified by the City Manager. The Purchasing Officer shall have general supervision and ; ;, " responsibility for the purchasing of supplies and equipment. The duties of Purchasing Officer may be combined with those of any other office or position. The Purchasing Officer shall: (a) Purchase and contract for supplies and equipment required . by the, City in accordance with purchasing procedures; (b) Negotiate and recommend execution of contracts for the purchase of supplies and equipment; (c) Procure for the City the needed quality in supplies and equipment at least expense to the City; (d) Discourage uniform bidding to obtain, as full and open com- .- petition as possible on all purchases; r - - 7 �. i r (e) Keep informed of current developments in the field of purchasing prices, market conditions and new products; (f) Prescribe and maintain such forms as are reasonably neces sa.ry to the operation of this Chanter and standard pur- chasing procedures; i (g) 'Insure the inspection, of all supplies and :equipment pur _ chased to inscrre conformance with specifications, (h) � Recommend the \transfer of surplus or unused '>suppl.ies ''and equipment between departments as needed;` . (i} Maintain a bidders list, vendors catalog file -and records ' needed for the efficient operation of the purchasing divi- , Sion. Certain portions of these files may bermantained ,' within the departments for ready reference. - 2-3.04.' Exn2tions for centralized 12,Archasin Toe Purchasing '©fficer, in coordination with each Department Head, may establish local 'accounts when charges for xiinor purchases as needed to meet unforeseen daily operational requirements may be authorized. `Such charges shall be made only by a limited number of departmental employees who have been specifically authorized by the :Department Head and the Purchasing Officer to do so. Charges for individual items shall not exceed twenty-five dollars '( $25 PQ),por ' .item and must be authorized by & Purchase Requisition sinned the Department Head concerned. Department Heads shall be responsible for assuring that adequate funds are available in the designated budgetary accounts prior to authorizing any expenditure. The` charges shall. be' consolidated by the affected Department Head each month. Such consolidated reports shah show date,' price, description,, and vendor of the item or items purchased. The consolidated lints shall be submitted along with a Purchase Order authorizing payment to the FinanceOffice.,-) Estimates of 're2uirements. Each departmen"t shall file detailed estimates of its ='annual" and -monthly requirements for supplies and equipment consistent With approved, budgetary amounts with the Purchasing Officer in a manner and time. as he shall prescribe. 2-3.06. Internal recuisitions� The Purchasing Officer shall maintain and control a stock'ref normal operating supplies and equipment sufficient to assure day--to' day operations. ' Departments shall submit requests for such supplies and equipment to the Purchasing Officer either -by Standard reguisi- tiara ;forms or., by ,other means as may be established by ,rhe Purchasing Officer. ' 2-3_67-. Bidding. r Purchase of supplies and equipment shall be by bid procedure-A 1 • as set forth in Section 2-3. 10 and 2-3. 11 except that the Purchasing • Officer may dispense with bidding under the following conditions : (a) An emergency requires that an order be placed with the nearest available source of supply; or (b) When the amount involved in less than five hundred dollars ($500 . 00); or (c) The commodity can be obtained from only one vendor. 2-3. 08. Purchase orders . Purchase of supplies and equipment shall be made by purchase Order only except as permitted by Section 2-3. 04 above. A purchase order will not be issued until the Purchasing Officer first approves it. 2-3. 09. Encumbrance of funds. Except in case of an emergency or where specific authority is first obtained from the City Manager, the purchasing Officer shall not issue a purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which the purchase is to be charged. 2-3. 10. Formal contract procedure. • Except as provided in Section 2-3. 06 , the purchase of supplies and equipment for any one project or activity of an estimated indi- vidual or aggregate value greater than three thousand five hundred dollars ($3,500 . 00) shall be by written contract with the lowest responsible bidder in accordance with the .following: (a) Notice inviting bids. The responsible department, in conjuction with the Purchasing Officer, shall prepare a notice inviting bids. The notice shall include a general description of the article to be purchased, shall state where bid blanks and specifications may be secured, the time and place for opening bids and may require security deposits. (1) Published notice. The notice inviting bids shall be published at least once in a newspaper of general local circulation at least ten (10) days before the date of opening of the bids. (2) Bidders list. The Purchasing Officer shall also solicit sealed bids from responsible prospective suppliers , whose names are on an established bidders list or who have made written request that their names be added to it. • (3) Bulletin board. The Purchasing Officer shall also advertise proposed purchases by notice posted on a public bulletin board in the City Offices. - 3- - (b) Bidder' s security. When considered necessary the Pur- chasing Officer shall prescribe bidder' s security and a • statement of the security shall be included in the notice inviting bids. Each bidder is entitled to a return of the bid security. However, a successful bidder forfeits his bid security if he refuses or fails to execute the contract within ten (10) days after the notice of award of contract is mailed. If the successful bidder fails or refuses to execute the contract, the bid may be awarded to the next lowest responsible bidder, or readvertised. If the contract is awarded to the next lowest bidder, the amount of the lowest bidder' s security shall be applied to the contract price difference between the lowest bid and the second lowest bid. The surplus, if any, shall be returned to the lowest bidder. If all bids are rejected and the request for bids readvertised, the amount of the lowest bidder' s security may be used to offset the cost of receiving new bids and the surplus , if any, shall be re- turned to the lowest bidder. (c) Bid opening procedures. The Purchasing Officer shall re- quire all bids to be sealed and identified as "Bid No. " on the envelope. The Purchasing Officer shall open the bids in public at the time and place stated in the public notice. The Purchasing Officer shall tabulate the bids received and shall keep the tabulation open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid • opening. (d) Rejection of bids. In its discretion, the City may reject all bids presented and readvertise for bids. (e) Award of contracts. Normally, contracts shall be awarded to the lowest responsible bidder except that the Council may award a contract to a higher bidder if it specifically determines that the best interests of the City are served by so doing. (f) Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the Council may accept the one it chooses . (g) Performance bonds. The Council may require a performance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City. 2-3. 11. open market procedure. If the estimated value of the purchase of supplies or equipment • is less than five hundred dollars ($500.00) , the Purchasing Officer - 4 - I • 0 may dispense with formal bidding procedures , but shall secure, by • telephone or letter, price quotations from two or more vendors. If the estimated value of the purchase is three thousand five hundred dollars ($3,500 . 00) or less , but five hundred dollars ($500.00 or more, the Purchasing Officer shall authorize the purchase in the open market under the following procedure: (a) Minimum number of bids. The responsible department, in conjunction with the Purchasing Officer, shall obtain at least three (3) bids and shall make the purchase from the lowest responsible bidder. (b) Notice Inviting Bids. The responsible department, in con- junction with the Purchasing Officer, shall solicit bids by written request to prospective vendors, by telephone, and by public notice posted on a public bulletin board in the City Offices. (c) Bids. Department Heads shall obtain bids either by tele- phone or by sealed written bids. Telephone bids will be documented by submission of a memo to the Purchasing Officer. The Purchasing Officer shall keep a record of all open market orders and bids for a period of one (1) year after the submission of bids or the placing of orders. This record is open to public inspection. 2-3. 12 . Inspection and testing. • The department receiving the supplies or equipment shall inspect the delivered items immediately upon receipt to determine conformance with the specifications set forth in the, order. The Purchasing Officer shall have authority to require chemical and physical tests or any other tests deemed necessary of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. 2-3. 13. Surplus supplies and equipment. All departments shall submit to the Purchasing Officer, at such times and in such forms as he prescribes , reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer may exchange or trade in on new supplies and equipment all supplies and equipment which cannot be used by an agency or which have become unsuitable for City use. Section 2. The provisions of this ordinance are intended to supersede any provision of Ordinance No. 2 which is in conflict therewith. Section 3. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atascadero News , a newspaper of general circulation, printed, pub- lished and circulated in this City in accordance with Section 36933 of the Government Code; shall certify the adoption and posting of this ordinance; and shall cause this ordinance and its certification - 5 - • 1 to be entered into the Book or Ordinances of this City. Section 4. This ordinance shall go into effect and be in full • force and effect at 12 : 01 a.m. on the thirty-first (31st) day after passage. The foregoing ordinance was introduced, adopted, and ordered published at a meeting of the Council held on , by the following roll call vote: AYES: NOES: ABSENT: ROBERT J. WILKINS , JR. Mayor ATTEST: MURRAY L. WARDEN, City Clerk Approved as t form: • r, ALLEN GRIMES, City Attorney 0 RESOLUTION NO. 22-80 D • RESOLUTION OF APPRECIATION ON RETIREMENT OF SENATOR ROBERT P. NIMMO WHEREAS, Senator Robert P. Nimmo has represented the people of Atascadero in the Senate of the State of California since 1976; and WHEREAS, prior to election as a State Senator, Senator Nimmo represented the citizens of Atascadero in the State Assembly from 1972 to 1976; and WHEREAS, during his term of office in the Assembly and in the Senate, Senator Nimmo consistently and actively represented the interests of the people of his District in the State Legislature; And WHEREAS, Senator Nimmo has never failed to provide every possible assistance to the newly incorporated City of Atascadero during its - . initial period of operation; and WHEREAS, through his personal integrity, understanding of the governmental process and unfailing devotion to the democratic and constitutional principles of government, Senator Nimmo has provided, an inspiration and example of the highest possible standard for public service. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Atascadero does hereby express its acknowledgement and appreciation of Senator Nimmo' s interests and assistance in the affairs of the community; and BE IT FURTHER RESOLVED that the Council of the City of Atascadero _ takes this opportunity to express its esteem for Senator Nimmo as an individual and as an elected representative and expresses its congratu- lations for a job well done and a retirement well earned. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ATTEST: ROBERT J. WILKINSI, JR. , Mayor MURRAY L. WARDEN, City Manager r ORDINANCE NO. 30 Doz AN ,ORDINANCE OF"THE CITY OF ATASCADERO CREATING CHAPTER 1 TO TITLE 3 OF THE ATASCADERO MUNICIPAL CODE, ENTITLED TRANSIENT OCCUPANCY TAX The Council of the City of Atascadero ordains as follows: Section 1. Chapter 1 of Title 3 is added to the Atascadero Municipal Code to read as follows: TITLE 3. FINANCE Chapter 1. Transient Occupancy Tax 3-1. 01. Title. This Chapter shall be known as the "Uniform Transient occupancy Tax Law of the City of Atascadero" . 3-1.02 . Definitions. Except where the context otherwise requires,. thebdefinitions given in this Section govern the construction of this Chapter: (a) "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel', studio hotel, bachelor hotel, 'lodging house, rooming house, apartment house, dormitory, public or private club, mobile- home or house trailer at a fixed location, or other similar , structure or portion thereof. (b) "Occupancy" means the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. (c) "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sub-lessee,, mortgagee in possession, licensee, or any othericapacity. where the operator performs his functions through a managing agent of any type or character other than an -employee, the managing agent shall also be deemed an operator for the purposes of this Chapter and shall have the same duties and liabilities as his principal. Compliance with the provi- sions of this Chapter by either the principal 'or the managing agent shall, however, be considered to be compliance by both. (d) "Rent" means the consideration charged, whether or not received, for the occupancy or space in a hotel valued in money, whether to be received in money, goods, labor or : I l otherwise, including all receipts, cash, credits ;and pro- perty and services of any kind or nature, without -any deduc- tion therefrom whatsoever. (e) ".Tax administrator' means the City Finance Director. { (g') "Transient" means any person who exercises occupany. 'or is entitled to occupancy by reason of concession, permit, ; right of access, license `6r other, agreement for a, peri6d of thirty (30) consecutive calendar. days' or less,�,cqunting portions of calendar days as full days. Any such person. so occupying spa a in a hotel shall be deemed to be a transient until: he period of thirty (30) days has expired unless there is An 'agreement in writing between the opera tar and, the occupant providing for a longer period of occupancy. 3-1. 03. Tax imgosed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of six percent (6%) of, the rent charged by the operator. Said tax constitutes a debt- owed by the transient to the Ci-;y which is extinguished only by payment to the operator or to the ity. The transient shall pay the tax to the opera;Eor of the :hotel at the time the: rent is paid. If the rent is paid in installments, a proportion ate share of the tax shall be paid with each installment � The ,unnpaid tax shall be due upc6n the transient's ceasing to occupy- space-in the hotel. If for anj reason the tax due is not paid to the operator of the hotel, the Tax Ldmins- trator may, require that su h tax shall be paid directly to the -Tax Administrator. 3-l'.04. Exemptions 6` No tax shall be imposed upon: (a) Any person as to whom,, or any occupancy as to which,, it is beyond the po er of ;the City to impose the tax °herein., Provided;, (b) ` Any officer :or employee of a foreign government who is exempt by 'reason of express provision of federal 1aw or international treaty. No exemption shail'�be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury, upoxp a form prescribed by the Tax Administrator. 3-1.05. Operator's duties. Each operator shall collect the tax imposed by this Chapter to the same extent and-'at the same time as the rent is- collected from every transient. The ,amount `of tax shall be separately stated, from', the amount of the rent charged, and each transient shall receive & r � _ 2 _ receipt for payment from the operator. No operator of a hotel shall • advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. 3-1. 06 . Registration. Prior to commencing business, each operator of any hotel renting occupancy to transients shall register the hotel with the Tax Adminis- trator through the means of obtaining a business license. The tax administrator will insure that the operator then receives all neces- sary forms for collection and reporting of occupancy taxes. 3-1.07. Reporting and remitting. Each operator shall file a Tax Return quarterly starting with the first calendar quarter during which the hotel commenced business. On a quarterly basis , each operator shall make a return to the Tax Administrator on forms provided by the Tax Administrator of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the Tax Administrator. Any addi- tional information which the Tax Administrator may deem necessary in order to insure collections shall be included with the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this Chapter shall be held in trust for the account of the City until pay- ment thereof is made to the Tax Administrator. 3-1. 08. Penalities and interest. (a) ORIGINAL DELINQUENCY. Any operator who fails to remit any tax imposed by this Chapter within the time required shall pay a penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax. (b) CONTINUED DELINQUENCY. Any operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax and the ten percent (10%) penalty first imposed. (c) FRAUD. If the Tax Administrator determines that the non- payment of any remittance due under this Chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be added thereto in addition to the penalties stated in subsections (a) and (b) . (d) INTEREST. In addition to the penalties imposed, any 3 - • 0 operator who fails to remit any tax imposed by this Chapter shall pay interest at the rate of one-half (1/2) • of one percent (1%) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) PENALTIES MERGED WITH TAX. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. 3-1. 09. Failure to collect and report tax. If any operator fails or refuses to collect said tax and to make, within the time provided in this Chapter, any report and re- mittance of the tax or any portion thereof required by this Chapter, the Tax Administrator shall proceed in such manner ashe may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the Tax Administrator procures such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this Chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this Chapter. In case such determination is made, the Tax Administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage • prepaid, addressed to the operator so assessed at his last known place of address. The operator may, within ten (10) days after serving or mailing of such notice, make application in writing to the Tax Administrator for a hearing before the City Manager on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Tax Administrator shall become final and conclusive and immediately due and payable. If such application is made, the City Manager shall give not less than five (5) days written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for the tax, interest and penalties. At such hearing, the operator may appear and offer evidence why the specified tax, interest and penalties should not be so fixed. After the hearing, the City Manager shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is taken as- provided in Section 3-1. 10 . 3-1. 10. Appeal. Any operator aggrieved by any decision of the City Manager with respect to the amount of the tax, interest and penalties , if any, 4 - • 0 may appeal to the City Council by filing a notice of appeal with • the City Clerk within fifteen . (15) days of the serving or mailing of the determination of tax due. The City Council shall fix a time and place for hearing the appeal, and the City Clerk shall give notice in writing to such operator at his last known place of ad- dress. The findings of the City Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. 3-1. 11. Records. It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this Chapter to keep and preserve, for a period of three (3) years , all records as may be necessary to determine the amount of such tax as he may have been liablE. for the collection of and payment to the City, which records the Tax Administrator shall have the right to inspect at all reasonable times . 3-1. 12 . Refunds. (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this Chapter, it may be refunded as provided in subsections (b) and (c) provided a claim in writing therefor, stating under • penalty of perjury the specific grounds upon which the claim is founded, is filed with the Tax Administrator with- in three (3) years of the date of payment. The claim shall be on forms furnished by the Tax Administrator. (b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax Administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. (c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the manner pro- vided in subsection (2) , but only when the tax was paid by the transient directly to the Tax Administrator, or when the transient, having paid the tax to the operator, establishes to the satisfaction of the Tax Administrator that the transient has been unable to obtain a refund from the operator who collected the tax. • (d) No refund shall be paid under the provisions of this sec- tion unless the claimant establishes his right thereto by - 5 - written records showing entitlement thereto. ' 3-1. 13. Actions to collect. • Any tax required to be paid by any transient under the provisions of this Chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the City. Any person owing money to the City under the provisions of this Chapter shall be liable to an action brought in the name of the City for the recovery of such amount. 3-1. 14. Violations - Misdemeanor. In addition to any other penalty provided by law, any operator or other person who fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or re- fuses to furnish a supplemental return or other data required by the Tax Administrator, or who renders a false or fraudulent return or claim, is guiltyofa misdemeanor, and is punishable as aforesaid. Any person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this Chapter to be made , is guilty of a misdemeanor and is punishable as provided by law. Section 2. The provisions of this ordinance are intended to supersede any provision of Ordinance No. 2 which is in conflict • therewith. Section 3. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, pub- lished and circulated in this City in accordance with Section 36933 of the Government Code; shall certify the adoption of this ordinance and shall cause this ordinance and its certification to be entered into the Book of Ordinances of this City. Section 5. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the thirty-first (31st) day after passage. The foregoing ordinance was introduced on September 22 , 1980 and adopted at a regular meeting of the Council held on • - 6 - AYES: • NOES : ABSENT: ROBERT J. WILKINS, JR. , Mayor ATTEST: MURRAY L. WARDEN, City Clerk APPROVED AS TO FORM: /s/ Allen Grimes ALLEN GRIMES, City Attorney • • - 7 - E_M_O_R_A_N_D U_M_ TO: City Council FROM: City Manager SUBJECT: Annual Claim for Local Transportation Funds The attached resolution is necessary in order for us to claim our Fiscal Year 1980-81 share of the Transportation Development Act (SB 325) funds from the Area Council. Our revenue from this source is slightly increased over our budget estimate as a consequence of adjustments made by the Transportation Development Agency. It should, be noted that, if and when our census figures are 'adjusted, the SB 325 funds: will reflect) a proportionate decrease. In the ;meantime, the attached documents provide the basis .for obtaining the $310,175 to which we are entitled for this year'''s operation. Suggest your adoption of Resolution No. 21-80. fRA WARDEN ad 9-18-80 j 111 RESOLUTION NO. 21-80 A RESOLUTION OF THE CITY ©F ATASCADERO AUTHORIZING . THE FILING, OF A CLAIM FOR ;LOCAL TRANSPORTATION FUNDS IN COMPLIANCE WITH THE TRANSPORTATION D9VELOPMW ACT WHEREAS, Articles 4-and 8 of Chapter 4 of the Public Utilities Code, require claims' for ,,operating funds to be filed with the transportation planning agency by local transportation:;operators; And WHEREAS, the City of Atascadero is eligible for transportation` funds�as provided in Chapter4 of the Public Utilities Code; and WHEREAS, the San Luis Obispo County Council of Governments" i:s� f designated transportation planning agency for San Luis Obispo County. ' NOW, THEREFORE,"- BE IT RESOLUEI� that the Councl' of Atascadero . does hereby authorize the filing of 4 claim for Transportation Development 'Act funds in the amount of $310.,175 for fiscal :year 1980-81. The claim form attached hereto marked Exhibit A And by reference thereof made apart hereof. On motion-by Councilman and seconded by Councilman the foregoing resolution is hereby adopted 'in its entirety on the following roil call vote: AYES: s NOES: ABSENT ROBERT J. ,WILKINS, JR. , Mayor ATTEST MURRAY 1. WARD N, City Cler APPROVED 'AS TO FORM: . /s/ Allen Grimes ALLEN GRIMES, City XtEopEiiy ' ,d ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS (Claim Number) TO: San Luis Obispo County Area Council of Governments 979 Osos Street, Suite B San Luis Obispo, CA 93401 FROM: Claimant: City of Atascaderp Address: 6500 Palma Ave, P.O. Box 747 City: Atascadero Zip Code: 93422 Contact Person: Larry McPherson Telephone No: This claimant, qualified pursuant to Section 99203 of the Public Utilities • Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971, as amended and applicable rules and regulations, that an allocation be made in the amount of $ 310,175 for the fiscal year 1980 - 1981 to be drawn from the Local Transportation Fund of the County of San Luis Obispo for the following purposes and in the following respective amounts as described in the Annual Project and Financial Plan. City of Atascadero (Claimant) By: Title: City Manager Date: Approved by San Luis Obispo County Area Council of Governments: • By: Title: Date: SLOCOG-TDA-4/80 EXHIBIT A ANNUAL PROJECT A�1D K",A:tiCIAL PL kNi Briefly describe all proposed projects and indicate proposed expen- ditures for the ensuing fiscal year, l.._., Project Title and Brief Description Purpose* Amount 1 Regional Handicapped Payment of City-' s share of $10 ,000 Transportation System regional handicapped trans- portation system (Section 99260) 2 Atascadero Dial-A-Ride Includes all direct costs $175 ,000 Transportation System related to operation of the • City' s Dial-A-Ride transit system (System 99260) Tr 3 Equipment Replacement Fund Vehicle and equipment replace- $25 ,000 ment funds for Atascadero Dial- A-Ride transit system (Section 99260) 4 Bus Parking Lot and turn- For development of property $15 ,000 around Development Fund adjacent to the bus dispatch location to be used for bus parking and turn-around. (Section 99260) * Identify appropriate Article and Section of the Act. • r EXHIBIT A Pi Title and Br1 Description pse* ATrourt # 5 Street Maintenance Overlays and seal coats for $85 ,175 roads and streets within the City select system (Section 99400a) T LL 7 LL T a. Total claim for Pedestrian $ Bicycle Funds (Section 99234) . $ -0- b. Total claim for Article 4 Funds (Section 99260) $ 225 , 000 c. Total claim for Article 8(c) Funds (Section 99400c) , $ -0- d. Total claim for Article 8(a) Funds (Section 99400a) . $ 85 ,175 (1) Total agency budgeted expenditures for streets and roads (copy must be attached to claim) . $ 519 , 360 (2) Percentage of claim (d) of total (d-1) . 16 % e. Total claim designated for $ -0- (Other) i *Identify appropriate Article and Section of the Act. r EXHIBIT A • S T A T E M E N T O F C O N F O R M A N C E The City of Atascadero hereby certifies that the Annual (claimant) Claim for Local Transportation Funds for Fiscal Year 1980 _ 1981 in the amount of $ 310 ,175 conforms with: 1. Provisions of Chapter 1 (commencing with Section 1090 of Division 4, Title I) of the Government Code and the requirements of the Transportation Development Act and its applicable rules and regulations. 2. The rules and regulations adopted by the San Luis Obispo County Area Council of Governments. 3. The Regional Transportation Plan, Transit Development Program, and the Transportation Improvement Program. Further, the claimant certifies that the audit findings pursuant to Section 99245 of the Transportation Development Act have been complied with: Yes No / Not Applicable - First year filing for -claim CERTIFIED: By: Title: City Manager Date: Allocation instructions and payment by the County Auditor to this claimant are subject to such monies being on hand and available for distribution, and to the provision that such monies will be used only in accordance with the terms of the approved Annual Project and Financial Plan. _ EXHIBIT A M E M O RA N D U M e TO: Murray Warden FROM: Larry McPherson SUBJECT: Street Closure for Colony Days Parade Recommendation: It is recommended that you request City Council at its meeting of September 22, 1980, to allow the closure of E1 Camino Real between Pueblo and Entrada and Entrada from E1 Camino Real to Lewis from 10 :00 to 12 :00 on October 18, 1980. Background: This recommendation is in xesponse to a request by the Colony Days Committee to hold its annual parade along the route mentioned above. A map of the parade route is attached showing the streets that will be blocked to through traffic. Barricades and- traffic officers are planned to be used as a traffic control measure along the parade route. Caltrans has already been contacted and permits issued to close the freeway off-ranps and arrange for detouring Route 41 traffic around the parade route. Insurance certificates - have been received by the State and City. As in the past, volunteer firemen will erect and take down the traffic control barricades along the parade route. CHP officers will be used to direct and control state highway related traffic. This office will be monitoring conditions during the parade in order to respond to future needs concerning this activity. The parade committee is well organized and have a great deal of past exp rience to draw on, therefore, I do not, foresee any seriou problems in granting their request. RENCE MCPHERSON LM:vh att. 9-16-80 Ce �/2�� �• � ��-�'i;•�•�;,� ?� s�j 1A 'i�, f. ~; iyT^4 'S, r. l �•,�!'rcc� �.srFi"�'�' �4 .t y_.� .•_ - .1 - - ` # �1�� �s3CtrkaP!atC�• �� sic" 1` a 41 _.Ti,. ` • •mom •' � �S# a jjW Nr •'raw • `� � •�Cu� �. I{ ��. 41. /o'+ WIN i-arnarov rf _� S t i• i -tet v RlLo f3 -Val;• a N ',; ♦tiles 4-olL a A,,t�v P e►14.6iolb e *. t �• ; 409 tc 16 , x- ' .+ �.... :f3 r �R/iLl•«�...7r.r;•Fa`� ff� yy •'• ° ��:'. i ` .:•ity• �: ; �+•• �1 l 410tco rojr r M Is pt A ` ����`• R Ik ob s F o /3�lar v� -,5"7";yR773 ..�3.. Al <r /7/?,F/ 4 R1/ 17 u' '� - B•^'c�K rtii7c�cc c-N /��Ri�l� 71 IQ C, 171 f�F�l`It' �I j.G•' 3s`S'�/�Nom`/S�.��A/i7 I N � I ice% is N,ll" � • I i i :a I I i I � i i i M E M O R A-N D-U-M , TO: City Council FROM: City Manager SUBJECT: Telephone system bids The attached memo from the Public Works Director reviews the costs of a purchased telephone system vs. a rental system from Pacific Telephone and Telegraph Company. You will note that, over a ten year period, there is a considerable decrease in costs by purchasing a system and that at 5h years , assuming no rate increases by PT&T, the costs of purchase will equal the costs of renting from PT&T. ;Actual installation of the system will not occur until the remodeling bids have been received and contract'awarded. We originally had budgeted $35 ,000 to purchase the system, but need an additional $2 , 466 in order to meet the bid. The service agreement for routine and preventative maintenance, will not take effect until after the first year of operation. In considering purchase vs. continuing PT&T rental, we requested and received proposals from Telephone West, other , suppliers, and the Telephone Company. The difference in price between owning a system vs. rental has caused severalother cities in the State to purchase their equipment. Amongst these in our area have been the Cities of Lompoc, Morro Bay and Paso Robles; all of whom are well satisfied with their decision. Telephone West installed and services the Paso Robles system which has been in operation for about three months. The equip- ment is the latest available and reflects the current state of the art and provides a very flexible and useful system. I concur with the Public Works Director and Finance Direc- tor' s recommendation that Council approve the execution of contract with Telephone West in the amount of $37,466 for purchase and installation of .a telephone system. It is further recommended that the Council authorize the City Manager to execute such contract and that Council approve the transfer of $2 , 466 from Contingency Reserve to the Building Renovation Account. M RRAY L. WARDEN MLW:ad 9-18-80 l~ t M E M b RAN D U M.' P TO. Murray Warden FROM: Larry, McPherson SUBJECT: Bids for Telephone Service to the Administration Building,. Recommendation It is requested that City Council authorize you, at its meeting ;. of September 22 , -1980, to execute a contract with Telephone West, ire, the amount of $37,466.00. This amount is for purchase and installation of a telephone system for the newly remodeled Administration Building and' for other City offices. _ Background 1 , The City requested bids from several private suppliers as well. as Pacific Telephone to provide telephone equipment for the City offices. i This office along with the Finance Director has reviewed the sub- mittais and recommend awarding the contract to Telephone West on the following basis-:> Due ,to the difficulty of comparing an equipment bid ajainst a. Monthly Equipment Charge type bid it is necessary to develop a 'comp- arable time period. For this type equipment a bid comparison" of ten (10) years is used: Telephone West Bid $37,466.00 Service Contract, 9' years @ 156. 11per month 161860._00 ,/, f Total cost over 10 years $54;36.00 P.T. &T Monthly"Equipment Charge C $-778. M per month for 10 years plus installation r charge; of $3,771. 25 $97,227.00 Savings over 10 years $42 ,901.00 . 1 Note: The Telephone West bid would amortize in 5`.5 years at a commercial monthly payment equal to the P`.T.&T. charge minus the monthly charge of a service contract'. In addition, the equity in owned equipment equates to a trade-in value of 40% in ten (10) years. I will draft -a sales contradt and service agreement fQs: you to execute once Council has approved the bid'. This bid,: of course, will be made' contingent upon the City awa�rding 'the ,building renovation contract. I will ask the City attorney to review the sales contract once it tis drafted. Memo: Murray Page 2 • • Funds in the amount of $35 ,000 are in the budget for the tele- phone system. It is recommended that the balance of $2 ,466 be trans- ferred from Account No. 01-4405-301 - Building Renovation, Phase I. The telephone system consists of the following equipment: 1 - Mitel Superswitch with 205 Software 1 - 584 Key Service Unit 2 - Direct Station Selectors with Busy Lamp Field 4 - 10 Button Telephones 27 - Single Line Telephones Lot - All Associated Interior Wiring At the appropriate time, it is also recommended that the City enter into a service agreement with Telephone West for routine and preventative maintenance. The cost of this service is $156 . 11 per month and will cover all service requirements. This service contract will not be necessary during the first year of system operation, since there is a one year warranty on the equipment and installation. AW -NCE McPHERSON LM:vh 9-16-80 • • SALES CONTRACT • This agreement made between Telephone West, a division of Santa Barbara Communications , Inc. , a California Corporation with , its principal office at 1910 De La Vina, Santa Barbara, California and the City of Atascadero, 6500 Palma Ave. , P.O. Box 747, Atascadero, California 93422 (hereinafter referred to as City) . In consideration of the mutual agreements herein contained, Telephone West agrees to sell to the City, and City agrees to Pur- chase from Telephone West, a Communication System in accordance with the following terms and conditions : 1. Telephone West shall deliver and install on the premises at 6500 Palma Ave. , Atascadero, California, the system listed as follows : 1 -- Mitel Superswitch with 250 Software 1 584 Key Service Unit 2 - Direct Station Selector Consoles 4 - 10 Button Telephones 27 - Single Line Telephones All Associated Interior Wiring 2. The estimated installation date is March 1, 1981. 3. This contract is contingent upon the Atascadero City Council ' s award of bid for building renovation on or about September 22 , 1980. 4. Total purchase price is $35, 345. 28 plus $2 ,120.72 sales tax for a total of $37,466. 00. 5. Regular progress payments will be made to Telephone West on a monthly basis , such payments to be for invoiced equipment de- livered to the job site and installation work performed. 10% will be withheld from the progress payments and said 10% shall be paid Telephone West thirty-five (35) days after final ac- ceptance of the work by the City and upon furnishing City with a release of any and all claims arising out of the work under the contract. 6. The City shall acquire full title to the equipment upon final payment to Telephone West of the contract amount. 7. For a period of one (1) year after installation date, Telephone West warrants equipment against parts and workmanship. Upon notification of a defect, Telephone West shall have the option to repair or replace the defective part. For a period of one (1) year after the installation date, Telephone West shall perform all necessary maintenance to keep the equipment in • good working condition and repair, including the furnishing of all necessary labor and materials with respect thereto. All expenses incidental to repair or maintenance or replacement under warranty shall be borne by Telephone West. Warranties do not cover equipment damaged, or rendered unserviceable • by City' s neglignece or misuse or because of theft, van- dalism, fire, water, or other peril. Warranty does not cover any changes, relocations or additions ordered by the City. 8. Telephone West agrees that after the expiration of the equip- ment warranty, it will make available to the City, maintenance contracts that will guarantee the equipment for parts and labor at a cost of $156. 11 per month. 9. City shall permit or arrange for access to the premises for Telephone West' s installation and maintenance personnel. City shall assure that ambient temperatures in the building will be maintained within the range required for proper op- eration of the equipment. City shall also provide a source of alternating current suitable for the equipment in respect to voltage, frequency and stability. 10. The following exhibits are attached and included as part of this contract. Exhibit A - Installation - Exhibit B - Training Exhibit C - Perventative Maintenance Exhibit D - Service • Exhibit E - System Relocation Exhibit F - Guaranteed Ten Year Trade-In Allowance If any previsions of this Contract are held to be illegal , invalid, or unenforceable , then such provisions shall be deemed null and void to the extent that they may conflict therewith, but without invalidating the remaining provisions hereof. APPROVED: City of Atascadero Telephone West, A Division of Santa Barbara Communi cation, Inc. BY: MURRAY WARDEN, City Manager BY: DATE: TITLE: APPROV S TO FORM: DATE BY: ALLEN GRIMES, City Attorney • ❑❑❑ • • ❑❑❑ TELEPHONE WEST ❑❑❑ • Installation TELEPHONE WEST technicians will install your system with a minimum of interference to your operations. Senior techni- cians are assigned to installations and are individually respon- sible for the integration of each telephone system. Our sched- ule can be arranged to accommodate your requirements. Cables and equipment will be installed during any specified hour of the day, or if preferred, and where possible, at night. System checkout and cutover can be achieved on a weekend, precluding disturbance to the operation of your business. Unless specified, there is no additional charge for installation. ❑o❑ O ❑ ❑ ❑OO TELEPHONE• • ST 00❑ • Training TELEPHONE WEST customer service personnel will conduct in-house training sessions for your employees. Since the TELEPHONE WEST communications system is operated with ease, a short training class is all that is usually required to prepare the" users of the equipment to handle any situation that might arise. Should additional training be required, as many follow-up sessions as you may request for temporary - help, new employees, etc., will be provided. Training is conducted at no cost to the customer. ❑❑❑ • • ❑❑❑ TELEPHONE WEST ❑❑❑ • Preventative Maintenance The maintenance and service policy of TELEPHONE WEST is guaranteed to be the finest of its type available. The technical education and training of personnel is constantly being up- dated by the use of special training programs at our Santa Bar- bara Headquarters. In addition, factory training seminars are attended by maintenance personnel to keep abreast of the latest service procedures and techniques. PREVENTATIVE MAINTENANCE is the key to continued uninterrupted service. Your system will be serviced on a scheduled basis which will keep it at its optimum efficiency and minimize down time. Fx� , C ❑❑❑ •❑❑❑ ❑❑ ❑ TELEPHONE VEST ❑❑❑ • Service TELEPHONE WEST is an established organization with experience and proven capabilities in the installation and service of communication equipment. TELEPHONE WEST's service department is managed by an officer of the com- pany with 20 years experience in the installation and service of communica- tions equipment in Southern California. He and his staff of factory trained technicians are fully qualified to maintain top performance of your telephone system. TELEPHONE WEST's service vehicles are equipped with two-way radio telephones which enable them to respond rapidly to calls for service. In addi- tion, our service personnel carry pocket pagers so that they can be reached any time, anywhere. • TELEPHONE WEST has offices Venturas o f ces m Santa Barbara and and requests for service can be made to either location. Emergency service lines are open 24 hours a day, 7 days a week. Response to all service requests will be controlled from these locations and responded to within the shortest possible time. In the unlikely event of total system failure, technical personnel will be dispatched within thirty minutes from receipt of your call. For difficulties of a non-emergency nature, service is provided from 8:00 A.M. to 5:00 P.M., five days a week. Calls received after 5:00 P.M., weekends or holidays, will be serviced by noon of the following working day. Because of the technical expertise of our personnel, TELEPHONE WEST has been employed to provide service, maintenance and installation for systems sold by other interconnect companies. TELEPHONE WEST has earned an enviable reputation of being the finest tele- • communications company in the Tri-Counties area, and we intend to keep it that way. Em4d;l D ❑❑❑ • ❑ ❑❑ TELEPHONE WEST ❑❑ ❑ • System Relocation TELEPHONE WEST guarantees to its customers that the cost of system relocation will not exceed published current utility telephone company charges for installa- tion of similar equipment. Credit will be allowed on all reuseable material. If additional hardware and/or lengths of cable are required, charges will be in accordance with manu- facturers suggested selling price at the time of relocation. ., ❑❑❑ • • ❑❑❑ ❑ ❑❑ TELEPHONE WEST ❑ ❑ ❑ • Guaranteed Ten Year Trade-In Allowance TELEPHONE WEST guarantees to the original purchaser the following percentages of the purchase price of the proposed equipment portion of the system, to be applied to the purchase price of an expanded telephone system purchased from TELEPHONE WEST. The customer will pay only the difference between the two systems. • The following percentages will apply: During the first and second year 90% During the third year 80% During the fourth year 70% During the fifth year 60% During the sixth year 50% During the seventh year 40% During the eighth year 40% During the ninth year 40% During the tenth year 40% s hh MEMO—RAND UM - _ - - - IWO TO: City Manager 4 Sly Y FROM: Finance Director , „< SUBJECT: Fire Insurance , Administration Building and Veterans' Building - Atascadero Lake Park f The City has obtained an insurance binder through Gordon Hunt r Brokerage for coverage on both the Administration Building .and the Veterans ' Building, Atascadero Lake Park, pending assignment of a published rate. These binders were issued as a rider on the existing policy carried on the Fire Station. The delay in obtaining a rate was due to these buildings not being insured in the past, therefore; not having an existing published rate with the Insurance Service Office. , Replacement Cost of buildings is based on a February 28, ' 1989, appraisal performed for the County by Gallagher Bassett Insurance Service. Rates quoted are considered acceptable. h ° Coverage: Fire Extended Coverage, Vandalism and Malicious g Mischief Deductible: $75,000 per occurrence Structure Replacement Cost Annual Premium Administration Bldg. $3,265,000 $6,237 Veterans ' Bldg. $ 258,000 $ 333 The Fiscal Year 1980-81 Budget allocated $3,500 for fire insur- ance of which $260 has been expended for the annual premium for the Fire Station. Recommend Council acceptance of the coverage and authorization for transfer of $3, 330 from Contingency Reserve to Account 01-4301-255. . Mai �t' RALPH H. DOWELL, JR. t�, RHD:ad 9-17-80 C'.C'• 9 n� PA- QC'nrt�r�w� d4