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HomeMy WebLinkAboutAgenda Packet 08/11/1980 AGENDA - ATASCADERO CITY COUNCIL Regular Meeting • August 11, 1980 7 : 30 p.m. 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 form listed below. There will be no separate duscussion of these items. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call. A. CONSENT CALENDAR 1. Minutes of the regular meeting of July 28, 1980 (RECOMMEND ` APPROVAL) 2 . Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) B. HEARINGS, APPEARANCES AND REPORTS • 1. Report by City Manager on school crossing guard funding and responsibilities C. UNFINISHED BUSINESS 1. Ordinance No. 26 amending the zoning map - second reading 2. Revised 1980-81 Handicapped Transit Budget 3 . Fire District liabilities and assets, fiscal year 1979-80 - continued 4. Ordinance No. 27 amending the contract between the City and Public Employees ' Retirement System - first reading D. NEW BUSINESS 1. Resolution No. 18-80 authorizing the Department of General Services to purchase certain items 2. Consideration of bids for street maintenance, Bid No. 80-9 3. Ordinance No. 28 establishing a Parks and Recreation Advisory Board - first reading 4. Consideration of bids for backup van for Dial-A-Ride , Bid No. 80-11 E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council • 2. City Attorney 3. City Manager • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting • July 28 , 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 Mel Schroer from the Community Church gave the invocation. ROLL CALL PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins ABSENT: None PUBLIC COMMENT (1) Bob Wertz representing the Chamber of Commerce commended the Council for opposing the inter-city bus route between Paso Robles , Atascadero and San Luis Obispo. A. CONSENT CALENDAR 1. Minutes of the regular meeting of July 14 , 1980 (RECOMMEND APPROVAL) • 2. Treasurer's Report, 6-14-80 to 7-18-80 (RECOMMEND APPROVAL) 3. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 4. Establish La Paz Lane as the road name for an unnamed road (RECOMMEND APPROVAL OF PLANNING COM14ISSION RECOMMENDATION) 5. Variance from provisions of condominium moratorium ordinance to allow processing of Final Map for Tract No. 726 - Eltinge Grinnel (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATIONS) Mayor Wilkins reviewed the items on the Consent Calendar. The letters under correspondence were from the City of Lompoc expressing appreciation for the hospitality shown to the Lompoc Babe Ruth teams ; and a letter from the San Luis Obispo County Symphony Association thanking the City for their donation of $250 . MOTION: Councilman Nelson moved for the approval of the Consent Calendar. The motion was seconded by Councilman Stover and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Report by City Manager on Dial-A-Ride bus system recommen- dations Mr. Warden reviewed two items concerning the Dial-A-Ride bus system. One had to do with the backup bus now used by the City of • Atascadero, City of Morro Bay and Cambria. Atascadero is being MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 28 , 1980 Page Two • asked, by transfer of the County' s responsibilities for Dial-A-Ride, to pay $400 per month to the County for the use of this backup bus ; although the bus is not always available for City use. He suggested that the City buy its own bus , at the same monthly rate , to use as a backup and, when it is not being use as backup, it could be used for other City purposes. Also, the title to this bus would be with the City as contrasted with the present arrangement whereby the County retains ownership even though the City is paying $400 per month to the County for a share of the lease-purchase price. The County established a so-called "covey" system whereby people getting on at the same place and getting off at the same place can ride for one fare, no matter how many are riding. He sug- gested eliminating this system and charging the fares as originally adopted; 504 for regular ridership, 254 seniors , handicapped and children under forty inches tall. This would enable the City to meet the SB 325 requirement that at least 10% of the cost of the operation of the bus system be derived from fare box revenues. MOTION: Councilman Nelson moved that Council authorize purchase of a backup van for the Dial-A-Ride system. The motion was seconded by Councilman Mackey and unanimously carried. Mr. Warden stated that he would secure proposals and come back • to Council for approval. MOTION: Councilman Nelson moved that Council do away with the covey system and establish fares at 504 for regular riders and 254 for seniors , handicapped and children under forty inches tall. The motion was seconded by Councilman Stover and unanimously carried. Mr. Warden stated that the fares would go into effect immediately. C. UNFINISHED BUSINESS 1. Lease-purchase agreement for Dial-A-Ride buses Mr. Warden stated that the City was unable to come to an agree- ment with the County to assume their lease-purchase agreement with the Bank of America for the purchase of the two Dial-A-Ride buses transferred from the County . Part of the problem was that Bank of America would not transfer over the existing interest rate. The County Counsel' s Office had drafted an agreement for the City which would require payments to include County overhead costs. This would result in payment greater than if the City executed a new arrangement with Mid-State Bank. It was recommended, therefore, that Council approve entering in a lease-purchase agreement with Mid-State Bank for the vehicles being transferred to the City. MINUTES - ATASCADERO CITY COUNCIL • Regular Meeting July 28 , 1980 Page Three MOTION: Councilman Stover moved that Council approve entering, into a lease-purchase agreement with Mid-State Bank of Atascadero in an amount as necessary for the purchase of the two Dial-A-Ride buses ; and that the City Manager be authorized to sign all necessary documents. The motion was seconded by Councilman Nelson and unanimously carried by roll call vote. 2. Set date to interview applicants for Parks and Recreation Advisory Board Mr. Warden advised that since he had written his memo to Council, the number of applicants had increased to 22 . Council decided to interview Saturday, August 2 , 1980 , beginning at 9 : 00 a.m. It was felt that interviews could be scheduled ten minutes apart. 3. Resolution No. 17-80 re: consolidating issue of election or appointment of the offices of City Clerk and City Treasurer with the November General Election Mayor Wilkins read Resolution No. 17-80 by title only. • MOTION: Councilman Highland moved for the adoption of Resolution No. 17-80 . The motion was seconded by Councilman Stover and unanimously carried. Mr. Grimes stated that there had been some question earlier in the day regarding the wording of the measure and he wanted Council to know that the proposed wording in the resolution is exactly as the Government Code mandates it to be. 4 . Ordinance No. 25 creating a special gas tax improvement fund - second reading and adoption MOTION: Councilman Highland moved that Ordinance No. 25 be read by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Wilkins read Ordinance No. 25 by title only. MOTION: Councilman Highland moved for the adoption of Ordinance No. 25. The motion was seconded by Councilman Stover and unanimously carried by roll call vote . 5. Ordinance No. 26 amending the zoning map - first reading MOTION: Councilman Nelson moved that Ordinance No. 26 be read by title only. The motion was seconded by Councilman Highland and unanimously carried. • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 28 , 1980 Page Four • Mayor Wilkins read Ordinance No. 26 by title only. MOTION: Councilman Highland moved that this constitute the first reading of Ordinance No. 26 . The motion was seconded by Councilman Stover and unanimously carried by roll call vote. D. NEW BUSINESS 1. Resolution No. 16-80 confirming the report of costs of weed abatement Mr. Warden reviewed the process and noted that charges have to be in to the County Assessor by no later than August 10th to be put on the tax rolls for this fiscal year. Council had questions re- garding notification. MOTION: Councilman Highland moved that Resolution No. 16-80 be adopted. The motion was seconded by Councilman Stover. Mayor Wilkins read Resolution No. 16-80 by title only. The motion was unanimously carried. • 2 . Transfer of Fire District liabilities and assets Mr. Warden reviewed the situation regarding the transfer of the Fire District' s assets and liabilities to the City. The County had declined to pay the last month' s expenditures because they operate on a cash accounting system; and, because the Fire District did not have a budget for Fiscal Year 1980/81 , they would not pay any bills submitted for payment after June 30th. The Finance Director questioned the payment of two warrants; one in the amount of $335 to Robert Jones , attorney. Mr. Warden stated he questioned the propriety of paying this unless the City was furnished the results of the services paid for. The other item was an appreciation dinner held at the Overland Stage for Fire Board members , fire personnel and their wives in the amount of $499 ,00. Mr. Warden stated that he questioned payment of this bill because the services were rendered after the District was dissolved and also wondered whether this was a proper expenditure of public funds. He stated, however, that the bills represented an obligation for which the vendors had delivered their services. As a practical matter, therefore, he felt that the bills should be paid. MOTION: Councilman Stover moved that Staff be authorized to pay all bills except warrants #1065 and 1079 . The motion was seconded by Councilman Highland and carried on the MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 28 , 1980 Page Five following roll call vote: AYES: Councilmen Highland, Mackey, Stover and Mayor Wilkins NOES: Councilman Nelson With regard to warrant #1065 , Mr. Warden advised that he had received the memos written by the attorney in this matter. MOTION: Councilman Stover moved that payment of warrant #1065 be authorized. The motion was seconded by Councilman Nelson and unanimously carried by roll call vote. There was considerable discussion among Councilmembers regarding warrant #1079 . It was decided to table the matter in order to allow more time to consider payment. MOTION: Councilman Nelson moved that a decision on paying warrant #1079 be tabled until the next meeting of the Council. The motion was seconded by Councilman Highland and unanimously carried. • 3. Bid No. 80-6 - maintenance of Sunken Gardens and Adminis- tration Building grounds Mr. Warden advised that the low bid for this project was received from Robert J. Moore in the amount of $8 , 875 for the fiscal year 1980-81. He recommended approval. Council discussed the concept of contracting vs . having an employee do the work. It was decided that contracting should be tried and, if not satisfactory, then the City could hire an employee after the contract period expries . i MOTION: Councilman Nelson moved that the City accept the low bid of Robert J. Moore in the amount of $8 , 875 for maintenance of the Administration Building and Sunken Garden grounds. The motion was seconded by Councilman Highland and unani- mously carried by roll call vote. 4. Bid No. 80-5 , 80-7, and 80-8 - vehicles Mr. Warden reviewed the bids . Low bidder on two medium size pickups and two full size pickups was Pete Johnston Chevrolet for a total amount of $31, 657. 34 . Since the low bid is somewhat higher than budgeted, due to price increases since the budget figures were prepared, it is necessary for Council to authorize transfer of . $1 ,912. 32 from contingency reserves to make up the difference . MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 28, 1980 Page Six MOTION: Councilman Mackey moved that Council accept the low bids of Pete Johnston Chevrolet for Bids No. 80-5 , 80-7 and 80-8 in the amount of $31 ,657 . 34 . The motion was seconded by Councilman Stover and unanimously carried. MOTION: Councilman Highland moved that Council authorize transfer of $1, 912 . 32 from contingency reserve for this purchase. The motion was seconded by Councilman Nelson and unani- mously carried by roll call vote. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Mackey stated that she had passed out a proposed tree ordinance to Council and Staff and would like them to consider it for adoption or suggest changes . (b) Councilman Stover stated that the bus system connecting Paso Robles and Atascadero with San Luis Obispo is not a dead issue , but may come up again after the first of the year. (c) Councilman Highland reported on the Water Resources • Advisory Committee meeting and requested Council support to defer the issue of the Nacimiento Water Project being placed on the November ballot. It was the Committee' s opinion that November is not a good time to try this issue based on the state of the economy; also, it is not yet known what Santa Barbara will do with the State Water Project. Council generally concurred with the recommendation; however, Councilman Nelson did not feel he had enough information to make a decision on the matter. 2 . City Attorney Mr. Grimes had nothing to report. 3. City Manager (1) Mr. Warden reminded Council members to submit their reservations for the League' s Annual Convention in Los Angeles in October. The meeting adjourned to August 2 , 1980 , at 9 : 00 a.m. in the Atascadero Administration Building. The meeting adjourned at 8 : 40 p.m. Recorded by: MURRAY L. WARDEN, City Clerk By: Ardith Davis • Deputy City Clerk 1160 MARSH ST., SUITE P (BOS) 543-7969 SAN LUIS OBISPO, CA 93401 Jamj�SccnN P���,,, -_ ,,.. �� July 9 , 1980 J 1J8D Robert J . Wilkins , Jr. , Mayor City of Atascadero P.O . Box 747 Atascadero , California 93422 Dear Mayor Wilkins: The Board of Directors of the Family Services Center wishes to thank the City of Atascadero for its consideration of our funding proposal and for the allocation of $100. 00 to us . . We appreciate the time spent in reviewing the applications , and we realize you had many worthwhile requests before you to consider. We are , therefore , honored that you recognize our needs . Our sincere thanks to you and the City Council! Very truly yours Edwin Girod, Chairman Board of Directors Family Services Center EG : PW: rc • M_E M_O_R A_N_D_U M_ • TO: City Council FROM: City Manager SUBJECT: School Crossing Guards During the latter part of 1979 , the California Highway Patrol informed the Atascadero School District of termination of Highway Patrol participation in the school crossing guard program. Under this program, the County reimbursed the Highway Patrol for the costs of a guard training program and for salaries of the school crossing guards. As a result of this information, the Atascadero School District asked the County to determine who would fund and supply crossing guards as a consequence of the change in the CHP program and as a consequence of the City becoming incorporated. There are three areas for which crossing guards are provided. Those areas are (1) at Lewis Avenue for approximately eight hours a day; (2) at Santa Rosa and E1 Camino for approximately five hours a day; and (3) at East Mall and E1 Camino for approximately four hours a day. There are a total of five persons involved in the crossing guard program with a past year cost of approximately $16 ,500. The guard at the West Mall and Lewis Avenue crossing is on duty during the entire school day. She provides guard services for students engaged in strictly school functions as opposed to walking to and from school . She helps children cross the street between the elementary school and junior high school for cafeteria use , for library and other strictly "on campus" activities. Unfortunately, West Mall cuts across the campus creating a problem. One can, therefore , pose the issue that campus layout and location have created a problem which is unique to the school and does not fall into the general "safety" function of the police. The Superintendent of Schools has acknowledged this uniqueness , but does not necessarily agree as to the extent of School District responsibility for funding. With the ending of the County' s support program, a question arises as to (1) who is responsible for the crossing guard program; (2) who is responsible for the hiring, firing, training, and super- vision of the school crossing guards; (3) who is responsible for the payment of salaries ; (4) who is responsible for determining the need and location of crossing guards ; (5) is there a legal requirement establishing city, school district, or other agency responsibility for any of the foregoing? I have been discussing the matter with Dr. Avina, Atascadero District Superintendent of Schools , in an attempt to answer any or all of the above questions. In order to provide a perspective for these questions , certain legal requirements or obligations should • be examined. Memorandum - School Crossing Guards Page Two • As a matter of background, the issue of who funds or is other- wise responsible for providing school crossing guards has been a question which cities and school districts have been involved in for quite some time. Some years ago, the school crossing program was a school function using student crossing guards . With the passing of the years , issues of liability, funding or not wanting to be in- volved in the supervision of this kind of a program were raised and a gradual shiftina of the program to a shared city and school dis- trict responsibility occurred. Also in the past, a State statutory provision was often cited by school districts under their interpre- tation which, in effect, said that school districts could not fund school crossing guard programs. Many cities did not agree with this position; but, faced with an unwillingness of districts to change their view, some cities then assumed the program or abandoned it entirely. This apparent ambiguity in the law was clarified by legis- lation which made it permissive for either school districts or cities to fund or operate a school crossing guard program. (See attached Education and Safety Code extracts and copy of League of California Cities Bulletin. ) A provision of State law gives counties several options for funding the school crossing guards . These options were provided by a bill enacted September 26 , 1979 , but only apply to unincorporated areas . It, in effect, permits the Board of Supervisors to designate responsibility for the employment of crossing guards to the (1) county; (2) sheriff' s department; (3) county superintendent of school (4) local school districts ; or (5) any combination of the above. It should be noted this this statutory provision applies only to unin- corporated areas . Incidentally, School District correspondence to the County suggested that this law was applicable to cities and not just to counties and asked that the County designate the new City of Atascaderc as the agency responsible for the program. The County did not comply because the statutes do not give the County any authority to impose such a requirement upon the City. Our City Attorney has researched the problem and notes that the language of the bill says exactly what it purports to say, i.e. , the bill only applies to unincorpor- ated areas. In any event, the Superintendent' s office does not feel that the School District has any responsibility for funding or supervising the school crossing guard program. The City Attorney has provided a verbal analysis to me which indicates (1) that neither the City nor the School District have a statutory requirement to provide school crossing guards; (2) that the City does have a reauirement under its police authority to provide traffic safety and traffic control in all areas of the City for all age groups , but not speci- fically and only for school children. In short, there are no • specific or implied legal provisions requiring the City to provide guards; nor is there a requirement for the school district to do so. However, under the Education Code , Section 45450 , et seq, Memorandum - School Crossing Guards Page Three i school boards are specifically empowered to employ such guards as necessary to ensure the safety of children who use intersections in going to and from schools . These statutory requirements were developed and enacted into law during 1978 and 1979 . Code Section 45451 eliminates the previous abiguity under which school districts asserted that they could not pay for school crossing guards. In fact, these Code sections were specifically designed to remove that ambiguity. Furthermore, under Code Section 49300 et seq, establishment and supervision of school safety patrols are explicitly permitted by school districts with the school board establishing such rules and regulations as may be directed by the State Board of Education. In general , these code sections allow the establishment of a school safety patrol utilizing school children under the supervision of school district personnel. They require parental consent for students involved in the program and give to the school patrol authority to give traffic signals and directions in order to assist school pupils in safely crossing streets and highways. The same code sections are permissive with regard to activities of the Chief of Police in each city or the Commissioner of the Highway Patrol in unincorporated territories . These individuals may, upon request of the governing board, cooperate in the establishment, supervision and control of school crossing guards to whatever extent may be agreed upon. Further provisions of the code authorize school districts to provide for ade- quate hospital and medical attention for any injury or disability that may be suffered by any pupil while performing any such act or which arise out of his duties as a member of the school safety patrol. The code sections further provide for a misdemeanor violation for anyone who disregards any traffic signal or direction given by a member of the school safety patrol. In essence, then, the school district does have the authority to provide a school crossing guard program and does have the authority to fund such a program. The District Superintendent' s office does not agree that they have an obligation or have such an authority and says that it is the City' s responsibility to provide for the safety of the children going to and from school. The statutes do not appear to support this particular analysis, nor do they disallow it. The Superintendent ' s office secured an opinon from the School' s Legal Service , an organization in Bakersfield, as to the obligation of the City or the School District to provide the crossing guard function. In this letter , a copy of which is attached, they assert that there is no "legal" requirement for the School District to employ school guards . There appears to be no disagreement with that view. By the same token, however, it must be noted that there is no "legal" requirement for cities to provide school crossing guards. i _� Memorandum - School Crossing Guards Page Four • The Superintendent's office has provided, through the School ' s Legal Service, an Attorney General ' s Opinion dated November 1954 which refers to code sections no longer in existence to support their conclusion that the district does not have a responsibility for providing school crossing guards . Both the City Attorney and I have read this opinion and neither of us can reach the absolute conclu- sion which seems to be drawn by the School District to the effect that the City clearly has a statutory responsibility. It must be noted that the Attorney General' s Opinion is only that and that it is dated in terms of presently existing law. However, if accepting that opinion , one must give credence to the Attorney General' s final and summary statement quoted as follows : "The problem is not one to be solved by the police to the exclusion of the school authorities or by the school authorities to the exclusion of the police. The safety of school children is a com- munity problem and must be shared by community agencies , police and school, in active cooperation for the common good. " This same theme is expressed in a League of California Cities Bulletin dated October 1979 (copy attached) in which the new bill authorizing schools to hire guards was noted. The quote is as • follows: "For many years school districts have hidden behind the fact that they were not empowered to employ per- sons as crossing guards at pedestrian crossings . This bill (SB 2199) changes existing Education Code sections to specifically provide that a school dis- trict or county superintendent of schools may employ individuals to serve in this capacity. The bill also amends the Vehicle Code to make it clear that fine and forfeiture funds received by counties as well as cities may be used to pay salaries of these individuals if the involved city or county chooses to use these funds for that purpose. Thus , SB 2199 does two things : (a) authorizes school districts to hire crossing guards , and (b) authorizes their salary to be paid from County funds and forfeitures of receipts (already the case) . Note, however, that there is no requirement for cities to pay the salaries of crossing guards. Responsibility for hiring these individuals is now a shared responsibility with the involved school district. The matter should be approached cautiously and with concern to the safety of the school children in the community, but cities need not continue to feel that there is no alterna- tive if they cannot find the funds to hire these individuals. " Memorandum - School Crossing Guards Page Five • Thus it can be seen that the Attorney General' s Opinion of 1954 and the League of California Cities ' opinion of 1979 as to the need for cooperation in solving this problem are in essential agree- ment. Both the Citv and the School District have the authority to either undertake the program individually or collectively. There- fore, any assertion that such a solution belongs exclusively with one or the other agency is without foundation. It is so obvious that it may not need to be said; but we cannot, and should not, ignore the bonafide safety considerations of the school pedestrian traffic. Nor can the emotional issue of protec- tion of our children be ignored. Having noted these reservations , consideration of costs and determination of responsibilities must still be addressed. Both the School District and the City should be , and are, concerned about the expenditure of funds. Particularly so in the present post-13 environment and in the still not fully defined revenue status of the City. In these present times , it becomes even more imperative than in the past that all governmental agencies look to ways to most effectively spend available revenues. Therefore, long-standing programs may be questioned as to their continued usefulness or as to the sources of funding being applied to them. Given this , I believe that the entire issue of school crossing guards should be cooperatively funded, supervised, and . operated by the School District and the City. Once that principle is established, it seems to me feasible to work out a contractual, or joint powers , arrangement between the two agencies to assure con- tinued operation of the school crossing guard program. In view of the foregoing, I would commend to you your considera- tion of adopting a policy to the effect that the City of Atascadero will share , on an equal basis with the School District, the funding and operation of a school crossing guard program. Within that policy , we should look at all possible alternatives for cooperatively providing these services , e.g. , student crossing guards, auxiliary police, continuation of the existing guard structure, or any other options which may appear worthy of exploring. RRAY WARDEN LW: 8-7-80 • �Ji For example, if an employee is part of a department which reduced its work week to iV. ' four days from five (a 20% reduction), the employees could be eligible for 20`;K of the unemployment insurance benefits they would receive if they had been • terminated completely. (*) 5. '`'_W�_ockers' _C�� T enation. AB 2223 (Duffy), Chapter 487, 1978 Statutes. This bill ncreasesTe workers' compensation amount payable for burial expenses of an injured employee from $1000 to $1500. �(VI[I. MISCEL[.ANEOUS' i Among the approximately 2,000 bills tracked by the League during the 1977-78 session, some inevitably do not fit neatly into any one of the general subject matter categories. This year, a number of such bills--some of them of considerable interest and concern to cities--were enacted. Among them were: (**) 1.--Insurance. `Notice of Non-Renewal and Cancellation. AB 3236 (Nestande), Chapter 344, 19T§ Statutes. This bill provides for a 45-day notice to local entities before nonrenewal and a 60-day notice before cancellation of local insurance coverage. 2. Judicial Action. Civil. Arbitration. SB 1362 (Smith), Chapter 743, 1978 Statutes. This bill is a part of a major judicial reform proposal. It provides for submission of certain civil action to arbitration. These, generally, would involve civil action where the amount in controversy does not exceed $15,000. The bill sets forth detailed provisions for the establishment and arbitration of the system. It should be reviewed carefully by all city attorneys. • 3. Code Maintenance. SB 2052 (Song), Chapter 380, 1978 Statutes. Annually the legislature, on recommendation of the Legislative Counsel, enacts extensive "non- substantive" changes in the various state codes as a part of an on-going maintenance effort. This bill should, as always, be reviewed by city attorneys. ~ school ttr6ssi6g CuarAis. '`Authority for Hiring By Schools. SB 2199 (Dunlap), (7Fapter 295, 1978 Statutes. For many years school districts have linen behind the fact that they were not empowered to employ persons as crossing guards at pedestrian crossings. This bill changes existing Education Code sections to specifically provide that a school district or county superintendent of schools may employ individuals to serve in this capacity. The bill also arnends the Vehicle Code to make it clear that fine and forfeiture funds received by counties as well as cities may be used to pay the salaries of these individuals if the involved city or county chooses to use these funds for that purpose. Thus, SB 2199 does two things: a._ Authorizes school districts to fiire crossing guards and 1��) b.•-Authorizes their salaries to bepaid.from county fine.and forfeiture receipt \� (already the case). Note, however, that there is no reQuiremtnt for cities'to " a foi`the"salariesbf — — crossing guards. The responsibility for hiring thew individuals is now a shared responsibility with the involved school district. The matter should be approached cautiously and with concern for the safety of school children in the cornmunity, but cities need not continue to feel that there is no alternative if thev cannot find the• funds to hire these individuals. -27- ♦ RECL;L"D JUL 3 1 1980 Ch. 5 CLASSIFIED EMPLOYEES § 4554551 § 455423. Employee salary No employee transferred from school district service pursuant to this article to a position, the salary of which is paid from the county school service fund, shall suffer any loss of salary at the time of transfer, or as to the future as it relates to his status on the salary scale of the county superintendent of schools in effect at that time. (Added by Stats.1977,c. 746, § 1, eff. Sept. 12, 1977.) Article 12 PARTICULAR EMPLOYEES Article 12 was added by Stats.1978, c. 295, § 2, urgency, eff. Julie 27, 1978. § 45450. Guards at pedestrian crossings; employment j The governing board of any school district may employ, in accord- / once with the provisions of this chapter, such personnel as may be necessary to act as guards at pedestrian crossings to ensure the safety • of schoolchildren who use such intersections. (Added by Stats.1978,c. 295, § 2,eff.June 27, 1978.) § 45451. school crossing guards; reimbursement of districts The governing board of any school district which employs school crossing guards pursuant to this article may be reimbursed from funds including, but not limited to, those collected pursuant to Sections 42200 and 42201 of the Vehicle Code. (Added by Stats.1978,c.295, § 2, eff.June 27, 1978.) k� EDIT Mora com, 45?03. Gucations to be asxod cnndldntos; no discrimination In appointment - . Low Reylew Commentaries Commentary on Loa An�elo3 echool case. C SteChen C. Ycazell (3077) 25 U.C.L.A.L w Rev. 244. 9 45953. Additional causes for tueponsion or dismissal of enplcycea in claasiflod torvlca Procedure of an eloe toans errunder call,, see e6 Cal Adm Code U520 et seq. 45450. Guards at pedestrian crossings; employment - Library References Schools and.School Districts C.J.S. Sehools and School I)iatricts U 107 at seq.. 146 to 148. 9 45451. Scheel crossing guards; reimbursement of districts Library References Schools and School Districts (}63(6), C.J.S. Schools and School Districts S¢ its, 140, 150. (dr 452. School crossing guards; refusal of city or county to provide; reimburse. 1110"t of school distrlat hen a city or county or city antt county fails or refuses to adopt standards t r which the city or, cotmty or city and countY shall provide school crossing ds, the 90'erolag board of a �a owl dh4rict which employs personnel to act uards at i destrinn crosings to uuure the safety of elementary school chit- - shall 1) 1Mmbur, d from ftmds frellulhag, but not limited to, those collected umrt to i coons 4"0o mul 4020] of the Vehicle Code. Standards, terms, End conditions tinder wlu<h cnoo; et os;ing guards ate p olided by the govern!ng board school disfr(ct 'huli bo. ct forth in a 1,rjttell nrteenlent hetween the got crldng `t d and a city nr I,h c..n fh^ governing Lama mid n county or hettvicen Cha • ed by Stctst070, c 25?, P. -- ( 32, urgency, eff. .Tu1S' 24, ID7p. Amended bg c. IW5. P. --. ;i 135), urt;2llcy, Off. Sept. 2d, 707!).) ry Referencesools and Ochoul Districts Q20. - C.J.S.CRehools and School Districts 83, j: t Undorlino Indicates changes or additions by amendment i f I Chapter 8 PUPIL SAFETY Article Section 1. School Safety Patrols - --- -------49300 2. Basic Work Station ----.---------------------------------------49320 Chapter 8 was enacted by Stats.1976, c. 1010, § 2, opera- tive April 30, 1977. Article 1 SCHOOL SAFETY PATROLS Sec. 49300. Establishment and purpose. 49301. Membership and supervision. 49302. Parental consent. 49303. Rules and regulations. 49304. Duties and powers of members. 49305. Co-operation of police and California highway patrol 49306. Medical and hospital care in patrol-connected injuries. 49307. Violation of patrol signals. Article 1 was enacted by Stats.1976, c. 1010, § 2, opera- tive April 30, 1977. j Cross References Contracts by county for protection at school crossings, see Vehiele Code §42201. Corerning boerds, see §§78,355010 et seq., 72230 o seq. forcers and dnrios, see §§ 35160 et seg., 72200 et seq., M.WM et seg., 51600 of seq. . Traffic signs and signals near schools, see Vehicle Code§§ 21308,21372.21373. Administrative Code References Establishment of school safety patrols,see 5 Ca].Adm.Code 570 et seq. I § 49300. Establishment and purpose J The governing board of any school district may, subject to such % rules and regulations as shall be adopted by the State Board of Edu- cation, establish and maintain a school safety patrol in any of the schools of the district for the purpose of assisting school pupils in safely crossing streets and highways adjacent to or near such school. (Stats.1976, c. 1010, § 2, operative April 30, 1977.) Historical Note Derivation: Educ.(7.1959, § 1205t iSdue.c.1,913, § 10130, added by Stats. (Stnts.19.19, e 2, p. 884, § 120.11, amended 1917.- e. 748, p. 1502. § 1, amended by by Stats.1909,c. 092, p.1300, § 1.). Stats.195.5,c.322,p.774, § 1. 717 § 49300 PUPILS Pt. 27 i ; ! ! Cross References 1 I'ouer to contract for performance of services under this section, see §6 40402, 76402, Security depnrtn,euts sce §§39670 et seq., 7233" of seq. State board of education,see §33000 et seq.; Const Art. A, §_7, Ili Library References Ili Schools and school Districts 0y157. C..LS. Schools And School Districts §§ 4,i2 to 454. i Notes of Decisions Construction and application 1 2. Nature and purpose of patrol Nature and purpose of patrol 2 Educ C1A s 15.531 (repealed; see, DOW. F§ 33670 2331) authorizes a school drYret to rsr abiisli security patrols n'Imse t 1. Constructlan and application dobe~ relote to the pre,ennat Of cnndnl. � , School district was not liable for denth asm to srha rl Property and physical as- of six-tear-old school child u-honas killed s'udrs ngnimst penonncl nnrl pupils in or - j on her way home from scliool when she nhont the school premises, hot such "our. crossed railroad track. Gilbert ,. Raps Ili patrols umy not be enq,lgyed as eross- �i mnnro Lmfipd School Dist (1968) 65 'Ap guards, fit Ops.Atty.Gen. 213, 1o_ 2 Cal,Rptr.913 35.4 C.A 2d 600,. .v. A school district couhl not be held liable VA bile a school district mer assist a for an injury sustained by astudw lent hen by estnblishiog srurient safety patrols I struck by an anlomobile at on in terseetion sm,nt to this section, file fundamental near the school on flip ground of negbent_li, sponsdnlit," for crossing guard duties re- failure to take pra[ec[ioe action through t,tains that of the city. Id. the furnishing of n snfety patrol where there were no facts justifying the impost- The school safety patrol, established in HOD of an affi rtnnticc duty upon the cooperation air), chief of police, as autho- I rued lir this section and Edup.C,1ti43, § school district to furnish such safety Ira- 76135 is see, now, § 4!1305), is trol. R-right ,-. Arcade School Nisi 72. not in lien of actual police protection, but (1 his 40 Cnlis all xce 230 C„t,_,{ 2,_, rarlier it is sopplemenlarr so ns to afford This section tc ma eecpption m rule that a broader has. school :mthmrihrs are not en, c,cered to e of traffic protection and '7e•s s t I ltvl enl in frons ,cheap needed and suggests q ?,5feY n`cn i emploli er appoint guIfrls or special llool ur essay for presence of police officers sic poli emmr A regulate traffic at scliool mi proper orrasions. 24 Ops.•ttty.Gen. sites. i Ops.Attp.G eu. 143. 14:3. 49301. Membership and supervision A school safety patrol established in any school as herein pro- vided shall be composed of pupils attending in such school. The members of the patrol shall be under the supervision and control of a qualified employee of the district designated by the board, except as otherwise provided in Sections 1299, 49472 to 49473, inclusive, 49510 to 49517, inclusive, Article 7 (commencing with Section 49400) to Article 5 (commencing with Section 49470), inclusive, Article 8 (commencing with Section 49500) of Chapter 9 of this part, and this article. The provisions of this section shall not, however, be deemed # to require the physical presence of such employee at any particular i street or highway location where any such school safety patrol functioning. (Stats.1976, c. 1010, § 2, operatiNe April 30, 1977.) 718 „4'. f Ch. 8 SAFETY § 4934 t y Historical Note Derivation: EducC.1069, IStocs.10b9. c 2, p.SS4, § 12052.) 72p5.. 11,d1947. . 74,8, § 164'3], added by Stots. 48, p. 150-. § 1, amended by Stats-1955,c.322,p.774, §2. Cross References Power to contract for performance of services under this section,see §§ 49402, 76402, § 49342. Parental consent The pupils who serve as members of a school safety patrol shall be designated by the principal of the school in which the patrol is es- tablished, but no pupil shall be designated to serve on any patrol Un- less the pupil and the person having legal custody of such pupil Con- sent, in writing, thereto. Upon the revocation, in writing, of the con- sent of either such pupil or such person, the pupil shall cease to be a member of the patrol. _ (Stats.1976, e. 1010, § 2, operative April 30, 1977.) • Historical Note Derivation: Educ.C.19.59, § 180,3 Sduo.C.1943. § 164:32, added by Stats. (Stnts.195D, c.2,P.S$:i, § 120.93.) 1917, C. 748, p. 1502, § 1. S § 49303. Rules and regulations ( The State Board of Education is hereby authorized to adopt all rules and regulations necessary to effect the purposes of this act, and the governing board of each school district is hereby authorized to r adopt additional rules and regulations not inconsistent therewith gov- erning school safety patrols established under its jurisdiction. (Stats.1976, e. 1010, § 2, operative April 30, 1977.) Historical Note Derivation: Educ.C.1930. § 12054 Educ.C.1943. § ]6133, added by State. (Stata.l9.i9,e.2.P.88-5, §12054.) 1945, c 74$ p. 1802• § 1. 1 Cross References r State board of education,see § 33000 et seq.; Const.Art.9, §7. Administrative Code References 3k School safety patrols, regulation.,see 5 Cal 1dm.Codo,70 et seq. , § 49304. Duties and powers of members The members of a school safety patrol established hereunder shall be authorized and required only to give traffic signals and direr- • • tions in order to assist school pupils in safely crossing streets and highways. (Stats.1976. c. 1010, § 2, operative April 30, 1977.) 2-9 Ca':CcC=-24 719 § 49304 PUPILS Pt. 27 Historical Note Derivation: IdneC 19,16. § 120:55 ]ulucC. 1943. § 16431. added by Stats. (Stats 1679, c. 2, p 4 § 12O.)b, amended 1947, o. 748, p.1502, § 1. I by Stats-1669,e 692 p 1.130, 12.) Administrative Code References I Duties of sohool safety'patrol,see 5 Cal.Adm.Code 574 of seq, § 49305. Co-operation of police and California highway I . Patrol I i The chief Of police in each city, and the Commissioner Of the California Highway Patrol in unincorporated territory, may upon the 1 request of the governing board of any school district, cooperate in the establishment, supervision and control of a school safety patrol to such extent as may be agreed upon. (Stats.1976, C. 1010, § 2, operativo April 30, 1977.) Historical Note -- - k Derivation: Blluc c 1959, § 12OG0 l:rhu'.0 1613, $ ]f,435, added by Stnts. (Stals.16.59,c.2, p.45-, 6 12056.) 1917 r. 714, It. 1402, § 1. no I 1 Stats.1051, 1st L1x.Seas., Cross References Connnissimcer of the California highmny pal rol see Vehicle C26Z, o o � {' et seq. ode §§ _107,..103...300 School crossing guards, cowpenaation,see vehicle Code § 42200. c � Notes of Decisions 1 1. .Nafure and purpose of patrol cin I -dere rather it is,,npplemeatarr so as to afford I . P+,ircl cslnblcshed in a hn�ader .csa of traffic protection and �� ronper m uilh chi f l pobce ns nntlm rizol be ilo.' seetiou in 1 Cd'u ( 1 . I, § lr.0 rut m areas here needed and suggests i ' tie,r..atr for 12o,I Ire.-encs of police officers (rr pedal: c.e tint, }9300) cs on proper occssjous. 24 Op6.Ate.Gea, not in hen cf neluN poh<e prnlrrllon, but 113. § 49306. Medical and hospital care in patrol-connected injuries The governing board of a school district which authorizes the es-tablishment of a school safety patrol play provide for adequate hospi- tal and medical attention to care for any injury or disability that may be suffered by any pupil while performing any act within and arising out of his duties as a member of a school safety patrol pro- .t ! vided, however, that no pupil shall be compelled to accept such serv- ices if his parent Or guardian objects. (Stats.1976, c. 1010, § 2, operative April 30, 1977.) Historical Note Derivation: Edre C71d1, § 12(5;7 ]:du,.C.1613, § 16!36, added by oats. ( (Stats.1656 a 2, P.`+St § 12116 i.) 19-17, c. 714. p.1402, §1. Cross References • J. niouket disability iuzurance coutrncls,see insurance Code § 10250. �- Blanket l,ospitul .servile contracts for sclmuls,sec Insurance Calc § 11512.4. Poucr to contract for performance of scrcices under Ulis section, see §§ 46402, 76409. 720 1. Ch. S SAFETY § 49320 E § 49307. Violation of patrol signals Any person who shall disregard any traffic signal or direction given by a member of a school safety patrol, shall be guilty of a mis- Nr ,_ demeanor, and subject to the penalties provided in Section 42001 of the Vehicle Code. (Stats.1976, c. 1010, § 2, operative April 30, 1977.) Historical Note Derivation: P•.duaC.19:�9, § 12059 Edac.C.1943, .4 1613$ added by Stats. (St are.l9,.9, e. 2, P. 955, § 12059, amended 1947,c.749, p. 1803, & 1. y bY Stata.IML c .58, p. 1016, d 70; Stats. 1961, Cross References Misdemeanor, sec Pend Code §§17,19,1911. Nonstudeat school crossing guard, disobedience, penalty, see Vehicle Code ¢§ 2315, 40000.7. Article 2 BASIC WORK STATION Sea 49320. "Basic work station". Article 2 was enacted by Stats.1976, c. 1010, § 2, opera- tive April 30, 1977. 5 a § 49320. "Basic work station" A basic work station in industrial education is defined as an as- signed location where a student normally spends the majority of his class time performing the operational functions necessary to meet the. performance objectives and goals of the course, including industrial safety education. For these purposes, the number of students in any industrial education facility or laboratory in elementary and second- ary programs shall not exceed the number of basic work stations de- signed for the number of students assigned, as determined by the lo- cal governing board of the school district. (Stats.1976, c. 1010, § 2, operative April 30, 1977.) Hlstorleal Note Derivation: EducC.l Ofi96 1^_095, added - by Stats.1972,c. 452, 1%820,, §1. • Library References Sebools and School Districts G�1.57. Words and Phrases (Perm.Ed.) C.J.S. Schools and School Distrirts ¢§ 452 to 454. 721 JUN 131980 > 9 ggzS .AERO I S. I SCHOOLS LEGAL SERVICE 2 EuvaSs BUM RICHARD C.ANTHONY GENERAL COUN� \ / - I ' FRANK J.FEKETE ASSISTANT GENERAL COUNSEL 5801 SUNDALE AVENUE BAKERSFIELD, CALIFORNIA 93309 (805) 834-3700 PETER C.CARTON COUNSEL RONALD D.WENKART June 11, 1980 COUNSEL Mr. Ernest Taylor Atascadero Unified School District 6800 Lewis Avenue Atascadero, California 93422 Re: Responsibility For Crossing Guards Dear Mr. Taylor: Your letter of June 4 , 1980 , and attachments have been reviewed with considerable concern. As we have discussed previously, it is often difficult to avoid traversing the thin line between political and legal questions. The school crossing guard situation is a prime example. • The "legal" answer to the question you posed is rather easy to state: "There is no requirement for the governing board of a school district to employ personnel to act as guards at pedestrian crossings . " The political question is the harder one. How will society respond to the need to ensure the safety of school children at pedestrian crossings? In the context of a disagreement between an incorporated city and a school district, we have learned of two written agreements in another county between governing boards and a city. The text of these agreements will be forwarded to you as soon as we get copies . We hope they will be of aid to you in working out your problems with the City of Atascadero. By the way, the County Counsel in San Luis Obispo probably was doing the prudent thing in declining to give his opinion on whether a city or school board has the responsi- bility for maintaining crossing guards . He is correct in stating that Vehicle Code section 42201 applies solely to unincorporated areas. Traffic funds on city parking tickets . may be used to fund crossing guard programs under Vehicle Mr. Ernest Taylor June 11 , 1980 Page Two Code section 42200 , but there is no requirement for either the city or the school district to provide such a program. AB 8 , in 1979 , amended Education Code section 45452 to require some written agreement between the school district and the public entity exercising police powers. However, such an agreement need not be negotiated or even considered unless the school district already is one " . . .which employs personnel to act as guards at pedestrian crossings. . . . " If your District does not presently employ such guards , there is no duty to now do so. We enclose for your reading a 1954 opinion of the California Attorney General on the historical approach to determining whether a city or a school district has a duty to provide police , traffic guards or other personnel to protect school children at crossings . The opinion, 24 Ops .Atty.Gen. 143 (1954) , concluded that the city has the duty to provide protection to school children crossing streets as they go to and return from school . But the opinion also recognized that certain minimum conditions must exist at the site before the duty to provide crossing guards arises . • As the Attorney General concluded, "The problem is not one to be solved by the police to the exclusion of the school authorities or by the school authorities to the exclusion of the police . The safety of school children is a community problem and must be shared by community agencies , police and school , in active cooperation for the common good. " Sincerely , PETER C. CARTON PCC :ds Enclosure 3-1 • . +..��J�v:f�.V^ n.p,w � ,i "+ _ `F'^.`_r ��^' fit• �, +v .i7t� .-. yt.., i .y..r. i t _t71E 24 s< NovENtsER 19541 ATTORNEY GENERAL'S OPINIONS K' 143 i r n money Opinion No. 54-113—October 19, 1954 I �_ abursed ;e 326: " [SUBJECT: SCHOOL CHILDRENL --City has duty to provide protection for,when ' ; a water crossing streets co and from schools, bur nature of such protection depends i€ _ in the on conditions at each particular site; school district does not have a duty to av put- ` control traffic to provide protection for such children, but may be required ,e sums - to exercise some supervision over students, depending on risk involved at a - dvances - particular site. Requested by: DISTRICT ATTORNEY, MARIN COL`:TTY.i in an Z 4 yam' wisions Opinion by: EDMUND G. BROWN, Attorney General. safety Victor Griff:ch, Deputy. A Pur- - Honorable W. O. Weissich, District Attorney of Marin County, has requested t , charge- an opinion on the following questions: :rse the ter; To 1. Has the City of San Anselmo a dory to provide policemen at school sites aced in for the protection of school children crossing streets as they go to and return funds from school? urpose, 2. Has the San AnseLmo School District a duty to provide guards or police- ,tended men at school sites to protect school children crossing streets as they go to and return from school? )7 Cal. Our conclusions may be summarized as follows: " of the i v kh the 1. The City of San Anselmo has a duty to provide protection to school regaced children crossing streets as they go to and return from school, but whether such objects protection is required at the school depends upon the conditions existing at each F �� I IS nor particular site. j 2. The San Anselmo School School District does nor have a dug• to control beboy- traffic so as to provide protection for school children crossing streets as they go .) 152 ( : to and return from school, bur at the school site and the streets immediately a [heir adjacent thereto conditions may warrant some form of supervision of the students u case depending on the risks involved. I which ANALYSIS 1 t, l - ! We Ever since the organization of the first police force by Sir Robert Peel (from e used i whom the term "bobbies" was derived) in London in 1835, the police have .1 ' been t generally been looked upon as the guardians and protectors of society (People v. :ration Seely, 66 Cal. App. 2d 403). It is the duty of the police to watch over the safety :rposes of citizens and to guard them against being the prey of criminals (State v. Dittrict Court of the Tenth Jadicut District, S7 Mont. 103, 285 Pac. 928). of the Nor only are the police duty bound to perform chose functions required by on of statures and general law to be performed, where they have from time immemorial •n for exercised tights calculated to induce people, without inquiry, to submit to their s "' action, supposing them to possess the power and right claimed, the exercise of t 1 t Rte+-.•-eta.'+;���...—E�.wr �I - - •: �y'��`w 11:'T'-•Clf '..r �3 ��J.� rW L x S`k { �t . �, ti rte+. t.s- � .a.�- r� -c+c�h�`ilrt 'ar C#�• V u � -^1T.x.,YF.�I• � �R ti � A ��, � .0 i^r p ' !- f 44'-.f � h�Jm' / � L •4 �:'�"'F"..Yi�- aP .ter.`sr' • v w' N 4 r ,'i._*su. .- .ti-.aN'; 3- »£?�� S�r t ? ✓a,i � _f ti �rC- �3 ~h y�+" ,�,� sr t'..Hyi f+..5~r.. , ��, `�'' J'f„ ,` y �.�1`c. �.i,n _.-2.:-.a._ a+r�.�K= ti. ~._.,^c .. ^�...<_.. _'_k ... _,. 1.♦Zg x 144 ATTORNEY GENERAL'S OPINIONS 1VOLumE 24 •TVs. NOVEMBER 1� r- -:fir g those rights will become an integral part of their duties as policemen (AtOble V. = power in E( City o/ Palo Alto, 89 Cal. App. 47). - a school saf- .. In present day society one of the most important duties which the police PIZ, Where- have assumed is chat of regulating and enforcing traffic laws (Veh. Code, sec '_2-, of the local 450, et req.). This is, of course, based upon the duty of police officers to make -- pay the cor highways and streets safe for both pedestrians and the occupants of automobiles. - members of Inherent in this principle is the duty to afford protection to adultsand children authorities ' alike in areas where pedestrians gravitate and which, because of the number of crossing gu persons so centralized, becomes potentially dangerous. The police have a duty to Ordina protect children going to school from possible injury occasioned by violations of '. is going to zthe traffic laws the same as they have the duty to prevent the commission of any of the Educ. crime. , sons or pr Vehicle Code section 511establishing a 15 miles per hour speed limit c -Y ! section 132. while passing schools or school grounds, indicates that the Legislature recognized the need for extra protection for school children. It also establishes the duty of the �r: conduct on police to enforce this speed limit. s;_ tions imps: - The real problem arises nor in the pronouncement of the-duty but rather in I children go gv r specifying the particular form which it is to take. Having a patrolman assigned section tele and from s to the various school sizes would obviously be a fulfillment of that duty. However, I traffic laws -�'- while the duty to protect immature students on their way to or from school is f il [ blished, whether is must take the form of having a patrolman at certainly esa Never �.. which our the school site is a question which must depend upon the particular local situation ! at each school. While common sense may dictate the presence of a police officer I from a y at a grammar school attended by very young children, which is contiguous to Thee C c negligence, heavily traveled streets, it is possible that providing the same protection to high i ' - school students in rural areas would serve no useful function. In short, the cir- remrnang '. eumstances pump fo of each case would require analysts to determine if the duty to protect - l teacher r + r i 11 nYx. the children required the actual presence of an officer at a particular school during - v. Reedfey the critical school traffic hours. Several factors would have to be considered, such the mutt : as the volume of vehicular traffic, the number of students and their ages, the width School Dla of the street, and the general character of the risk encountered by the children as they go to and return from school, ultimately, the decision as to what means 1 are necessary to protect the public at a given place and time rests in the sound flange again 4 discrerion of the proper police officials. ordin The school safety patrol, established in cooperation with the chief of police wool, ,>, y as authorized by Education Code section 16435, is not to be deemed protection In vi: -tj in lieu of actual police protection, but rather it is supplementary so as to afford - on the r a broader base of craffic protection and 'patrol in the areas where needed and -yrr- l - For examl suggests the necessary for the presence of police officers on proper occasions. street and - t The second question relates to the responsibility of the San Ansehmo School _ was dank ani District to afford protection to school children by providing guards or special - mitted a I policemen to regulate traffic at school sizes. This office has held that school auchori- vision so ' . �y tics are not empowered to employ or appoint such guards or special traffic officers a court m J1;�r (Ops. Cal. Airy. Gen. NS-3904). However, this rule is subject to the express injuries n 'tiS Y �.asy-f �5i s t � e -.. � � _ � s {'.�r�'y. y@�"n�• �4 •�y ��m>T 't-•. G' eas.,~"'��' ',' j,V _'iT'L t..,� �r j� r Y a -•>> X �Y 'a �.'. ,y-a f}caz sd✓� a �; k"�'�_ '{`z i�-� 9 r ,-:Y �, ' <a•" n.i'!F M ?. < - '` ro r.t s^y ct x r} R z� ia:�s%t.N4j- '$jR.�Mtif is *L^f5g,r�ry ,�+..r t ,� ��;.,*� ✓.E `t. :j}^ a>� a�,t��,.��'€"�..�},J c}'sY'�f�aE'°- '�.a ,�:"qy, � '', y+i =.♦�$ x.nh�?yin �� a � r> ? t x < ��`>s r is .t 4F k"'�- t i� S'a`t '�`' Y� ,- �X4.4+iF '�i'I- +.StJrIY aft / Y�`� fY - YZ J"AS _.• LY y�L.:-. y 4S ��yU+ -,cr - t �> 'r ry .Yx-`r� Yom. t � '� t �{-��+��t�+t t'�f`�r��e��.i �"" sl �,.•�^' '��2�' y �Y..n. s\ A � N .. � Y-�1wh.:✓ `s 'v -'y`�-��a r. -�� .ir' ¢ 3,..... yr��ryytli�y�.^Ycy-c�Rs c Tae:Ssf+d1•�-S��.'.,�d`rs•��J��';y�4.a�A„tv"„��'��Y6 ,•`.�}�v�!-�'��y-s��jl �� ��� s c�Z`��a yW�a2'-•s��Y`�"'.i v} y). ^r �r�i ^s` y - '� aly�a< �}P`- ��:f3�4y y�y �F;p. _ �M1 SSL, i8 24 NovEmBEs 19541 ATTORNEY GENERAL'S OPINIONS 145 5le v, power in Education Code section 16430, which authorizes the establishment of a school safety patrol at the discretion of the governing board. t(EL! police Where control of traffic at a school site is nor furnished by regular members sec of the local police agency, section 770 of the Vehicle Code authorizes the city to f; R- make pay the compensation of school crossing guards who are not regular full time members of the police department of such city from the traffic safety fund- School 3biles. authorities as above noted are nor vested with a similar power to employ school ildren crossing guards (Ops. Cal. Arty. Gen. NS-3904).�cr Of ay to Ordinarily a school district is nor financially liable for injuries to pupils :ns of in going to or returning from school (_ Ops. Cal. Arty. Gen. 160). Section 1007 of the Education Cade provides that school districts are liable for injuries to per- '�imt[ sons or property arising from the negligence of their officers or employees, and u Xh ;nized section 13229 provides that a teacher shall hold pupils to a strict account for their of the conduct on the way to and from school. It has been suggested that these two scc• y w tions impose a duty on the school district to provide craft protection for the { f ` ` u children going to and returning from school. This office has held that the latter < ` ter in section refers to the behavior of school children and not to their safe conduct to .i,;ned and from school, and further, that school authorities are not authorized to enforce sever, j traffic laws at crossings near schools (Ops. Cal. Acry. Gen. NS-3904). ool is Nevertheless, it is conceivable that a physical situation could exist under :an at which our courts might hold a school district liable for injuries to pupils resulting y aacton from a [raft accident on a street contiguous to a school building. Officer The courts on occasion have gone far in holding school districts liable for .us to negligence. For example, a school district was held liable for injuries to a pupil high returning home from school in an automobile driven by another pupil where a _ _c ctr i teacher of the district gave one of the pupils a gallon of gasoline from the school roreet I pump for his car to transport that pupil and two others home from school (Harron lII1t°g I v. Reedley Joint Union Hight School District, 43 Cal. App. 2d 643). In that case such the court applied at page 643 a rule cited in Goodman v. Pat:ulert City High a r width School District, 4 Cal. App. 2d 63 that: .ildrenI II . a plaintiff may recover by proving either the existence of a means danger known tothe authorities, who neglected to guard the pupils sound against it or char there was an unknown peril which by the exercise of - ordinary care under the same circumstances a reasonably prudent person rolice, would have discovered:' ( LJ. r '-:• -ee[ionr mac. £4 q In view of such cases it would appear that in extreme circumstances liability afford ' on the part of the school district could be established for traffic accident injuries. d and For example, a school building could be located adjacent to a heavily traveled ' street and the physical situation might be such that the exit provided the students School was dangerously close to the line of traffic. Then if the school authorities per- Tecial mitred a large number of pupils to use the exit ar the same time without super- :chop- vision so char there was eminent danger char pupils would tun our into the street, tfcers a court might well call this negligence on rhe part of the district in the event of 3 t S' `� ,,press injuries to a pupil from the traffic. rT K- �w +w � 'i` .r "`" �!_ � f t~�e•t} Sud t'-"�" "'� 'J [y�-� t�� -- ,y3. � t- �Ta�F�" •'� j 1 � 53 K - s•. t ..,y,��sI' �` v�;-e h '"f,kl ..� . tr � �bS'F .4..+t Y ��1�`+�'�.�r � 't' -. 1 Ct ;" t.t ,�tC •< '�;; < _: .] .p 2v iyxu,w ��?K" i rrt t/,F '+ i ' 'i^`,�a:^�,�w"'«�'+'la ;.n.K �� � _ _,�•'�° ,,q{�3 L{�'e�� +r7.;e<wsn°�` ^�s'y �'�^°`t�t'J.,�`.. � :J.v�WAEUZRI_ y .146 ATTORNEY GENERAL'S OPINIONS R'oct:atE 24 .r NOVEMBER 195 We feel char normally no responsibility rests on a school district to provide ` , On Febr Protection ro pupils from traffic hazards. However, in extreme situations some No. IIS4 sect means of regulation of the pupils might be called for. territory know Youthful student; cannot be callously turned out of the school building to marely 234 ac face the hazards of traffic adjacent to the school site in such cases without super- - approximately vision, any more than they should be allowed to indulge in uncontrolled activities k This am during the lunch hour or recess period. The school authorities have the duty to made by Mal_ control the conduct of the students but nor to control traffic. - '., is not quests. The problem presented is nor one to be solved by the police to the exclusion �= lands were a; of the school authorities or by the school authorities to the exclusion of the police. - - determining t 'r The safety of school children is a community problem and must be shared by com- On Feb. munity agencies, police and school, in active cooperation for the common good. ):x: 1279 propool. C - cion" under r 1939 (Gov.C Opinion No. 53-219—Ocrober 21, I954 ` the remainder SUBJECT: QUO WARRANTO—Leave to sue in, granted to test validity of not been aan: r r1 completed rh "Lawrence Manor Annexation" to City of Sunnyvale, to determine whether : < Annexation" owners of over 50 percent of the land annexed opposed the annexation and ; ; i mately 56 ac. whether the annexation was void because accomplished by emergency C D:ArcigoBrc ordinance. the annexatie - Requested by: MABEL L. BRITTON and D'ARRIGO BROS. CO. ' whose land :. Opinion by: ED14UND G. BROWN, Attorney General an owner of It is a e Charles A. Barrecr, Deputy. ,1 Sunnyvale [h�. Mabel L. Britton and D'Arrigo Bros. Co., of California, Inc., a California r' i 50 acres mos sa> corporation, owning lands in Santa Clara County, Thar portion - ry, seek leave to sue the City of Sunnyvale in quo warranco to determine the right of chat city to exercise juris- _'_ been include. ' diction and control over a tract of land known as the "Lawrence Manor Annexa- feet by 2000 tion' which the applicants claim was never validly annexed to the City of = The Cir 3 Sunnyvale. the grounds ., The conclusion reached may be summarized as follows: renceii'lanor 1_10 Leave to sue in quo warranco will be issued to determine, among other on her prop, irk rhin2s, whether the owners of over 50% of the land annexed in the "Lawrence that the tax Manor Annexation" opposed the annexation and whether the annexation was ]and and thus. void because accomplished by means of an emergency ordinance. At hear;,, t March 17, 1S ANALYSIS the annexatie ^" of the ee.rito. 't Cz In February of 1952 when the developments giving rise to this problem the "Lawren: _A began, Mabel Britton, one of the petitioners in this proceeding, owned approxi- On or n. IW, mately 71 acres of land adjoining the City of Sunnyvale. D'Arrigo Bros- Co-, of peri[ion for s 7�- ` California, Inc., a California corporation, owned a tract of land of approximately from lurcher -1 I i3 acres adjoining Mabel Britton's property. tion proceedi y- t.'.Ya'r'-1R:..t Sti'..'� �"^v."' ��`�Ms"4Y wT►w1'�'RY'Pn' s-S }tiy.F_,� ! 4'„�'� n f. � � r� '.�.> t�1 �""'yr: � rx� e -' >+ ��` �> �`y�•x�� s�^'fT �" �S�F>;�'R '` tR��`-t�s`x.•.� S1M1 VALLEY UNIFIED SCHOOL DISTRICT SYSTEM I. o. No. SF-9 SECTION - PAGE NO. 1.0 SYSTEMS AND PROCEDURES LIBRARY DATE MAY -1972 SYSTEMS ENG, Ed Richard (NEW) ywnYY) DEPARTMEIT OF SCHOOL FACILITIES CROSSING GUARD LOCATION ASSIGNMENT DISTRIBUTION All Principals, Administrative Cabinet, Director, School Facilities CITY The City finances and directs the Crossing Guard Program and is totally responsible for: 1. Budget for program 2. Selection training and supervision z g a upri e. sion of personnel 3. Location of crossing guards PRINCIPAL C1. ReDOrt between August 1 and August 15 to the Office of the Director of rs_ School Facilities for existing crossing guard hour requirements for the • regular school year. 2. Requests for new crossing guard locations and hours shall be included in the annual Student Traffic Safety Study on Form B-36, April 1-April 30. 3. Changes in school hours affecting crossing guard hours shall be referred to the Director of School Facilities. 4. In emergency and unexpected growth situations the principal may refer crossing guard requests to the Director of School Facilities at other times than the annual Student Traffic Safety Study. 5. Summer school requests for crossing guards shall be referred to the Director of School Facilities between April 1 and May 1. 6. Maintaining adeauate number of crossing guards is often difficult and principals are encouraged to refer any candidates to Crossing Guard Coordinator, Administrative Services , Simi Valley Police Department. DIRECTOR OF SCHOOL FACILITIES 1. All requests for crossing guard surveys shall originate from the Simi Valley Unified School District , Director of School Facilities . Requests from principals, P.T.A. 's, parents, etc. , shall be directed to the District office prior to any City action. 2. Requests from the District shall be made in the form of a letter indicating the desired action with a coov of school enrollment attached. 3. Requestsfrcm the District should be addressed to the City of Simi Valley, City Engineering, Traffic Engineering. • 4. Results o` any crossing guard sur•7ey will be forwarded to District offices, 0P 18-67 Director of School Facilities. '� .� • Page SF-9 - 2.0 DIRECTOR OF SCHOOL FACILITIES (Continued) •� 5. If emergency conditions exist, the District may request the placement of an emergency crossing guard. At the discretion of the City Engineer, a temncr=_ry, emergency crossing guard may be placed up to a maximum of five (5) school days. The City Engineer may grant weekly extension to the initial week. In a case where the length of the emergency is to be for a period of several weeks and the length of time is known, the City Engineer -may grant the use of the emergency crossing guard for the estimated time period. It is understood that the placement of an emergency crossing guard is a temporary resource to be terminated at the end of the emergency. Placement for a longer period of time will necessitate following established procedure. i alien grimes attorney at law 7360 EL CAMINO REAL, SUITES • P.O.BOX 749 • ATASCADERO. CALIFORNIA 93422 PHONES (805) 4665678 OR 466-1408 • CITY ATTORNEY' S OPINION CITY OF ATASCADERO Opinion No. $O -I2- June 4, 1980 - REQUESTED BY: Murray Warden, City Manager FROM: Office of the City Attorney SUBJECT: School Crossing Guard Program QUESTION: You have asked me whether the City is under a mandatory duty to fund the cost of a school crossing guard program within the City. RULING: The City is not mandated by State law to fund a school crossing guard program within the City, but Section 42200 of the Vehicle . Code provides that: "The fund (traffic safety fund) may be used to pay the compensation of school crossing guards who are not regular full-time members of the police department of the city. " Section 42201 of the Vehicle Code relates to the disposition of the amount of fines and forfeitures received by a county under Subsection (a) of Subdivision (1) of Section 1463 of the Penal Code. This section was amended by SB 2199 (Chapter 1039, Stats 1979, effective September 26, 1979) . The amendment made it clear in Subparagraph (c) that fines and forfeitures received by a county under Section 1463 of the Penal Code may be used to pay the compensation of school crossing guards and necessary equipment costs and administrative costs. Subparagraph (d) relates to certain contracts between the CHP and various counties and how they are to be administered. Subparagraph (e) provides how the Board of Supervisors may adopt standards for the provision of school crossing guards. While somewhat confusing, •the section seems to relate only to the unincorpo- rated areas, but does provide that the Board may specify that any school dis- • trict crossing guard program in unincorporated areas shall be maintained by the school district desiring the program. 0 • Opinion No. June 4, 1980 Re: School Crossing Guard Program Page 2 In conclusion, the situation is as you labeled it -- the law has not imposed the responsibility for funding school crossing guard programs on any particular agency to the exclusion of other agencies, except as now confusedly authorized by Subparagraph (e) of Section 42201 of the Vehicle Code, which seems to au- thorize the Board of Supervisors to tag the school district for the crossing guard program in unincorporated areas, provided the school district desires the program. Thus, in essence, the school crossing guard situation is still one in which mutual agreement is necessary with respect to both the implemen- tation of the program and the payment of it. ALLEN GRIMES City Attorney AG:fr Cl ORDINANCE NO. 26 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING SECTION MAP 12-N-33 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY PLACING CERTAIN PROPERTIES IN THE M-1-D ZONE. THE CITY COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows: Section 1. Council Findings After conducting a public hearing, the City Council finds and determines that: (a) The proposed rezoning would be consistent with the neighboring industrial uses to the south. (b) With the recommended "D" , the proposed rezoning will provide an opportunity to ensure that the resulting development will be an attractive neighbor to adjac- ent properties and public roads. (c) The recommended rezoning is consistent with the in- dustrial designation of the site by the 1980 Atasca- dero General Plan. Based upon these findings, a change of zone from A-1 to M-1-D is approved with the "D" to mean that Departmental Review is required for all uses with particular attention to site design and environmental concerns. Section 2. Zoning Change Map 12-N-33 of the Official Zoning Maps of the City of Atascadero on file in the City Planning Department is hereby amended to reclassify the following described property from A-1 to M-1-D: Lot 28, Block X, Atascadero Colony Tract as shown on attached Exhibit "A" . Section 3. Zoning Map Map 12-N-33 of the Official Zoning Maps of the City of Atascadero on file in the City Planning Department is hereby amended as shown on attached Exhibit "A" which is hereby made a part of this ordinance by reference. Section 4 . Publication • The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the • 0 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 adoption and posting of this ordinance and shall causes this ordinance and this certification together with proof of posting to be entered in the Book of Ordinances of this City. Section 5. 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. The foregoing ordinance was introduced on and adopted at the regular meeting of the Council held on AYES: NOES: ABSENT: ROBERT J. WILKINS, Mayor ATTEST: • MURRAY L. WARDEN, City Clerk Approved as form: a ALLEN GRIMES, City Attorney p F \ \Co M - 1 - D v'y (Light Industrial - �' Designed Development) qq.?Y � '14 24i Cz ^ A J EXHIBIT A ORDINANCE NO. 26 Z 800325 : 1 A-1 to M-1-D with the "D" to mean that Departmental Review is required for all uses with particular atten- tion to site design and en- vironmental concerns . M E M O RAN D U M • TO: City Council FROM: City Manager SUBJECT: Revised 1980-81 Handicapped Transit Budget Some time ago, you were advised that our share of the Regional Handicapped System would be approximately $14 , 000 . Since that time, we have received revised numbers from the Regional Transit Manager which now places our share at $17 ,298 based upon a population of 22 ,000. In the event that the census figure comes in lower, which in all likelihood it will, our share will be less and adjustments will have to be made. It is recommended that the Council approve, by motion, ithe transfer from contingency reserves of $3,259 to make up the difference between the previous estimate and the present cost. RRA ?` WARDEN MLW: ad 8-7-80 i • SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY STATEMENT OF REVENUES AND EXPENDITURES • FOR FISCAL YEARS 1979-80 AND 1980-81 1979-80 Cash on Hand 6/30/79 $53, 712 Revenues - Estimated: Member Agencies - Contributions $13,462 Interest 5, 600 Fares 2 ,200 21, 262 Total Revenues $74, 974 Expenditures - Estimated: Operating Expense - Contractor $21,400 General Expense Administration 1, 500 Total Expenditures $22 , 900 Estimated Balance 6/30/80 $52, 074 1980-81 Revenues - Estimated: Interest $ 51000 Fares 3 , 000 Member Agencies Contributions 112 , 326 120,326 . Total Available, 1980-81 $172 ,400 Expenditures - Estimated: Operating Expense - Contract $166,400 General Expense Administration $4, 000 Audit 1 , 000 5, 000 Total Expenditures $171,400 Estimated Cash Available 6/30/81 $ 1 , 000 6/10/80 • Funding 1980-81 • Agency Percent Amount Arroyo Grande 7.24 $8, 132 Atascadero 15 .40 17, 298 Grover City 5.72 6,425 Morro Bay 6.21 6, 975 Paso Robles 5.81 6 , 526 Pismo Beach 3 .57 4, 010 San Luis Obispo 24.18 27, 160 County 31 .87 35 , 800 Total 100.00 $112, 326 • �;�, ti ,� '�`��' �' .��.� „� ,�..� r;�- ,� �� w _---- MEMORANDUM • TO: City Manager FROM: Finance Director SUBJECT: Fire District Liabilities and Assets , Fiscal Year 1979-80 Attached is Warrant Authorization #1079 for the Atascadero Fire District dinner of appreciation, July 1, 1980 . This warrant is returned to Council for reconsideration per their direction on July 28 , 1980. RALPH H. DOWELL, JR. RHD:ad 8-5-80 M E M O R A N D U M TO: City Council • FROM: City Manager SUBJECT: Transfer of Fire District liabilities and assets Attached is a memo from the Finance Director concerning out- standing Fire District bills which we must pay. His memo explains that the reasons for the bills being presented to us rather than having been paid prior to July 1st. It is my understanding that the County did not adequately explain to the Fire District people how they should terminate their obligations. Because the District was on a cash accounting system, their payments authority expired on June 30 , 1980 . In addition to the $17 , 401. 69 figure, there are two outstanding warrants , #1128 and 1130 , which will add another approximately $2 , 700 which will give a total of $20 , 171 . 87 . As noted by the Finance Director, we will be receiving approximately $105 ,000 , the amount left in the Atascadero Fire Protection District Account. We understand that the Accounts Receivable will have to be examined to determine the feasibility of recovering all or a portion of the out- standing receivables , some of which are three years old. With regard to the warrants #1065 and 1079 , the City Attorney may have some observations to make concerning these items. From a practical standpoint, I find it somewhat cumbersome to avoid paying these bills . I feel that we should receive the benefit of the attorney services if his fees are paid by the City. I wonder if that particular bill is entirely legal since I have, as _vet, been unable to find a Board action authorizing the expenditure. Addi- tionally, it is my understanding that the need to retain an attorney is itself questionable. As to the appreciation dinner, it may be considered un- desirable to pay for such an event, but I doubt if it can be asserted that it was an illegal expenditure. However, I would have to concur with the Finance Director that the difficulty arises from the fact that the services were rendered after the Fire Board' s authority had ended. I would repeat, however, that from a practical standpoint, it is difficult to ignore these obligations . It should be noted that upon payment of these bills, that the Fire District will have transferrQd approximately $85 ,000 to the City from its current assets. DEN /44RAYX, WAR MLW: Bd • 7-24-80 • • M_E M_O_R A_N_D_U M_ • TO: City Manager FROM: Finance Director SUBJECT: Fire District Liabilities and Assets , Fiscal Year 1979-80 On Julv 24 , 1980 , the County transferred the total assets of the former Atascadero Fire Protection District to the City, $105 , 318 . 81 . In addition, Accounts Receivables dating back to 1977 for a total of $1 , 726 . 66 , have been transferred to the City. Attached is a list of closing expenditures for Fiscal Year 1979-80 totaling $17 , 401. 69. The District was under the assmption that the County would honor warrants issued by the Board of Directors on June 30 , 1980 , and any followup bills received through July 25 , 1980 . The County returned all warrants approved on June 30 , 1980 with the explanation that as they were on a cash basis, therefore , no checks would be issued if the warrants were received after June 30 , 1980. Consequently, we have received the total assets and lia- bilities for processing and payment becomes the responsibility of the City. The attached list contains a complete listing of warrants issued by the District. Warrant Authorization Number 1056 through 1079 were approved by the District Board on June 30 , 1980 . Warrant . Number 1080 through 1127 and 1129 have been authenticated by the Fire Chief. Warrants Numbers 1128 and 1130 will be brought to Council at a future date once the items are received. Warrant Number 1120 was voided as the expenditure was also listed as Warrant Number 1065 . Your attention is invited to Warrants Number 1065 and 1079 . Warrant Number 1065 is for attorney services provided to the Board of Directors or members thereof. It is recommended that the City receive a product of these services , i .e. , copies of referenced memo ' s , etc. , prior to paving this Bill for Services. Warrant Number 1079 is for a Dinner of Appreciation which , according to dates indi- cated on the Statement, was contracted for on June 19 , 1980 and the Warrant was signed by the Board on June 30, 1980 . The dinner, i. e. , services purchased, was not received until July 1, 1980 , one day after the District was dissolved. It is recommended that this statement not be honored as this service did, in fact, occur in Fiscal Year 1980-81 . RALPH H. DOWELL, JR. RHD:ad 7-24-80 • �scc r �- a:Kd J rV y Q �,NNlsL Seciv�� 'l :bn Lk%.-%A 1 STATEMENT R'�Rsc>oaa.o F�Re PKc�T�o wi � PLEASE RETURN THIS STUB WITH YOUR REMITTANCE.YOUR CANCELLED CHECK IS YOUR RECEIPT E CHARGES CREDITS BALANCE DATE DESCRIPTION - 1 F 4.00 `EB.00 ti's Ms..e 3 oP S, wfiJ 'fllytJ 9.45 X8.35 � �escQrs 1 ,0O 33.00 4 35 DAA- 6s o5 ACCT. idJ, r 49g.00 PAY LAST AMOUNT IN BALANCE COLUMN Bedif9rm 81(871 0 •' t G{) ;JI7 X71.f31rTftC:.LE."t USE COUNTOof 'SAN LUIS OBISPO - WARRANT NO DAT[ • Authorization to Draw Warrant !2l Fund 'or 9823 Atascadero Fire District6/30/80 Organization Date (3) Authorization lJ Number To the Auditor Controller of San Luis Obispo County „'The undersigned hereby authorizes the drawing of a warrant to the following payee. ❑ Employer I.D. No or Overland Stage D Social Security No. (4Y Payee -- 1 Check one 1 -Address City State Zip --- --- �a"cription 2220 — 499.00 /Dinr:er of Apprecir t, i o:; /f l (6)Charge to Fundd or Account Acleity Option Charge Code Amount, - Ogonization __ , { 9823 2220 499 .00 YAndor ht coer 1099 Wvrranl No. Data to Pay _ Mo .a Yi Yes No .Varrant ten 7 Yes t No❑t horizi,fg ign tarp CD-1012 008 M L-�1 -9-R-A-V-D-U-M— TO: City Manager FROM: Finance Director SUBJECT: Amendment to PERS contract Attached is an ordinance, with an amendment attached, which includes our firemen as part of the contract between the City and PERS. This amendment retains the rate of 12 .769% for miscellaneous members and establishes a new rate of 17. 680% for local safety members , police and fire. Both rates are part of the Fiscal Year 1980-81 budget. Also included is an Agreement Authorizing the Merger of the Contracts of the City and the Atascadero Fire Protection District with the Board of Administration, PERS. The effective date of these actions is July 1, 1980 . • Recommend this ordinance be placed on the August 11, 1980 , agenda for the first reading. RALPH H. DOWELL, JR. RHD:ad 8-6-80 • ORDINANCE NO. 27 AN ORDINANCE OF THE Council of the (Name of Governing Body) City of Atascadero authorizing an (Name of Public Agency) AMENDMENT TO THE CONTRACT BETWEEN THE Council of the City of Atascadero (Governing Body) AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The Council of the City of Atascadero (Name of Governing Body) (Name of Public Agency) does ordain as follows: SECTION 1 , That an amendment to the Contract between the Council (Name of of the City of Atascadero and the Board of Governing Body) (Name of Public Agency) Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A", and by' such refer- ence made a part hereof as though herein set out in full . SECTION 2. The Mayor of the (Title of Presiding Officer) Council is hereby authorized, empowered, and directed to (Name of Governing Body) execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Atascadero News (Name of Newspaper) a newspaper of general circulation, published and circulated in the City of (Name of Atascadero and thenceforth and thereafter the same Public Agency) shall be in full force and effect. Adopted and approved this day of I9_. (Presiding Officer) Attest: ROBERT J. WILKINS, JR. , Mayor Approvedasto f rm: Clerk MURRAY L. WARDEN CN-�-" ALLEN GRIMES, City Attorney PERS40N-11 (Amendment) (3/78) PUKEND'•__ ,_ICT „„, :r `..JDJ L .. 1 fi 1 11 Ap;D THE CITY r i=, CI' C my Or t` raCA��. i0 The Board of Administration, Pub' __c 1, loyces' r Sys' era, herein- after referred to as Board, end the goverr_in� body of a.boc � lbl c e:gency, hereinafter referred to as Public AFenc;*, havir., en`,ercd a contract under date of March 19, 1980, effective April 19, 19;0, :r ice pro. ;ides for participa- tion of Public Agency in said System, Board and Public Agancv hereby agreo as follows[ A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective April 19, 1980, and 'hereby replaced by the foiloiinr para- graphs numbered 1 throu; h 12 inclusive: 1 . All words and terms used herein which are defined is the Public Employees Retirement Law shall have the naar_i*iz; aa defined 'herein unless otherwise specifically provided. '_dormal retirement age" shall mean age o0 for local miscellaneous and age 55 for local safety members. • 2. Public Agency shall participate in the Public Employees' Retirement System. from ar_d after April 19, 1980 raking its � ployc:es as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendmer_ts to said Law hereafter enacted except such as by express provisions thereof apply only on the elect„ion of contracting agencies. j. Employees of Public Agency in the following classes shall become members of said Retirement System except such in cacii such class as are excluded by law or this agreement: a. Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: • NO ADDITIONAL EXCLUSIONS 4. This contract sisall be con- vat4on ti,e contract of the At'sc deco Fire Pro'ect on D_3{ riot, he.. lnaft rc err,'3 to as • F.,rmer n ency", rurcuant to acct;^n 20 6'x.2 of the Gov ., nment Come, Fo.'..:rc ..,y nevi,.. .-. ce... ed to exl ,t and b�cn uccoedpd by Peb=,_c - Agency onjuly 1 , 1980. Public ?gancy, by this: contract, assures the accumulated contributions and assets der. .ved therefrom and liability fog' prior and current service !miler the Former Agency' s contract with respect to the Former Agency' s employees. 5• Service performed for the former agency prior to the effective date of this contract shall be subject to the terms and conditions of the former agency's contract as it vas in effect at that time. Service performed after the effective date of this contract shall be subject to the terms and conditions of this contract. For purposes of computing retirement allowances, separate calculations shall be made for service perfor;ued under each contract. 6. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251 .13 of said Retirement Law (2' at age 60). 7. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.6 of said Retirement Law (2% at age 55). S. The following additional provisions of the Public Employees' Retire- • ment Law which apply only upon election o° a contracting agency shall apply to the Public Agency and its employees: a. Section 20952.5 (Age 50 voluntary retirement) for local safety# members only. b. Section 20983.6 (Waiver of age 70 retirement) for local miscel- laneous members only. 9. Public Agency, in accordance with Section 20759. 1 Government Code, shall not be considered an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Section 20759, Government Code, and such contributions hereafter made shall be held by the board as provided in Section 207, 59, Government Code. 10. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1 ) C.364 percent until June 30, 1999 on account cf the liability for prior service benefits. • (2) 12.405 percent on -account of the ]Liability for current service benefits. • • b. With respect to local safety members, the agency shall, contribute the following rercentai; s of monthly salaries earned as local • safety i_e hers of said Re-.irecent System: (1 ) 2.0-96 percent until :tune 30, 2005) on account of the liability for prior service benefits. (2) 14.784 percent on account of the liability for current service benefits. C. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said System as it affects the e::iployees of Public Agency, net including the costs of special valuations or of the Periodic investigation and valuations required by law. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the costs of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as deterrined by the periodic investigation and valuation required by said Retirenent Law. 12. Contributions required of Public Agency and its employees shall be . paid by Public Agency to the Retirenent System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of ccntributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances; or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. B. This amendment shall be attached to said contract and shall be effective on the day of 19?t. Witness our hands the day of 19 BOARD OF ADITINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIRE;+fET1T SYSTEM OF THE CITY OF ATASCADERO BY BY Cari J. biecninger, xecu Lve ricer Presiding ... ricer Approved as to form: Attest: J 'J r P-1- M11-702 • • AGREEMENT AUTHORIZING THE MERGER OF THE CONTRACTS OF THE • CITY OF ATASCADERO AND THE ATASCADERO FIRE PROTECTION DISTRICT WITH THE BOARD OF ADMINISTRATION, PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, the City Council of the City of Atascadero and the Board of Directors of the Atascadero Fire Protection District entered into contracts with the Board of Administration, Public Employees' Retirement System, effective April 19, 1980 and January 1, 1975 respectively, providing - for participation of their employees in said system; and WHEREAS, the Atascadero Fire Protection District has ceased to exist; and WHEREAS, the City of Atascadero has employed all of the employees of the Atascadero Fire Protection District; WHEREAS, Section 20567.2 of the Government Code authorizes a merger of contracts for participation in the Public Employees' Retirement System where one contracting agency is required by law to assume the contract of another agency; and WHEREAS, the Public Employees' Retirement System has proposed an Agreement to • be accepted and executed by the governing body of the aforementioned public agency to provide for merger of the contract between the Atascadero Fire Protection District, and the Board of Administration, Public Employees' Retirement System, into the Contract between the City of Atascadero and said Board; NOW, THEREFORE BE IT RESOLVED, that the governing body of the aforementioned ,. public agency authorizes, and do hereby authorize, an Agreement between the City of Atascadero and the Board of Administration of the Public Employees' Retirement System to merge the contract between said Board and the Atascadero Fire Protection District into the contract between said Board and the City of Atascadero as authorized by Section 20567.2 of the Government Code; and BE IT FURTHER RESOLVED, that the presiding officer of the governing body of the aforementioned contracting agency is hereby authorized, empowered, and directed to execute said Agreement for and on behalf of the respec- tive agency. Witness our hands this day of 1980. • BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF ATASCADERO BY BY Carl J. Blechinger, Executive Officer Robert J. Wilkins, Jr. , Mayor Approved as to form: Attest: Legal Office, PERS Murray L. Warden, City Clerk Approved as to form: Allen Grimes, City Attorney r • M E M O R A N D U M TO: Murray Warden FROM: Larry McPherson SUBJECT: State Purchasing Agreement Recommendation It is recommended that City Council approve the attached Resolution to allow the City to purchase general items v-L through the State Department of General Services . Resolution also designates the Finance Director s the authorized City representative responsible for initiating � ,w`a i✓ all requests to utilize the State purchasing system. Background Section 14814 of the Government Code allows Cities to • participate in the purchasing system of the General Services Department of the State of California, in the event that participation in this system allows the City to acquire items at a lower cost than could be obtained locally by the normal bid process . In order to participate , the City is required to approve a Resolution authorizing the part- icipation and naming an agent to act on the City' s behalf. The State Purchasing System receives bids on a broad variety of items and since the bids are based on large quantities , the prices are usually much lower than small lot purchases would be . The City of Atascadero can certainly benefit from participating in this system by making small lot purchases at substantially lower prices than would be possible by the normal bid prices. As an example, tires can be purchased at almost half the local bid prices. The orders are made through the State and usually filled by local suppliers authorized to sell items at the State bid prices . This allows some local merchant participation while still Foviding the City with a maximum saving potential. • / ATARENCE McPHERSON , LM:vh 7-31-80 G�G4�C•vi r,�'"1 J/ ��y" O cc : Ralph Dowell ` att. • 0 RESOLUTION NO. 18-80 RESOLUTION AUTHORIZING THE DEPARTMENT OF • GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS BE IT RESOLVED that the Council of the City of Atascadero does hereby authorize the Office of Procurement, Department of General Services of the State of California to purchase General Items for and on the behalf of the City of Atascadero pursuant to Section 14814 , Government Code, and that Murray L. Warden, City Manager or Ralph H. Dowell, Jr. , Purchasing Agent, are hereby authorized and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of Atascadero. 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: ADOPTED: ATTEST: ROBERT J. WILKINS, JR. , Mayor MURRAY L. WARDEN, City Clerk Approved as to orm: t ALLEN GRIMES , City Attorney • *LOCAL AGENCY PURCHASE FZOUEST ` • TO: State Office of Procureeent Request P. 0. 9oi 1612 Huaber Sacrassnto, CA 9HO7 ting Agancy: CITY OF ATASCADERO Ship To: SANTA MARIA TIRE CO. P.O. BOX 747 9199 EL CAMINO REAL Address: ATASCADERO, CA 93422 ATASCADERO, CA 93422 Sa3e i Title of person to be contacted regarding this request: ' DONALD LEIB — PUBLIC WORKS SUPERINTENDENT Mail Invoice in Triplicate To: Phone: (Area Coca) 805 (No.) 466-8000 (Ext.) 5 CITY OF ATASCADERO 8areby requests that the Slate Office of Procuresent purchase the P.O. BOX 747 - iteas specified below under Provisions of Goverment Code Section ATASCADERO, CA 93422 Cats Y-nted: A. S .A.P. Deliver Point: Unit Quantity A=3sure Dcscriction Price Fxfension 14 ea Bid item #A86 — Tires 8. 75 X 16 . 5 D-2610- 488-8003-1 -2610 488-8003-1 BFG455-276 Nylon 34 . 67.' 485. 38 Sales Tax 29 . 12 Contract # 1-79-26-01 State Fee 1 . 2% 58 . 24 P3xia7a Funds Available for This Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 572 . 74 t:.o local agency aceeots sale raspcnsibility for p3y3ent to the vendor, and will aake a oayeent directly to the vendor in accordance with the provisions of the purchase order. It is understood that the State shall incur no financial responsibility in connection with this purchase. The local agency agrees to pay proaptly, when billed, all- charges of the Oeoarteent of General Services for rendering the service. The local agency certifies that vehicles ordered on this request will not beresoldor traded for at least two aodel years except �s used as squad cars by lav enforcesent agencies. - Siynatura (Authorized by Rosolullen) Title Date 65P0 36 • M E M O R A N D U M TO: Murray Warden FROM: Larry McPherson SUBJECT: Street Maintenance Bids Recommendation It is recommended that the City Council approve Bid No. 80-9 at the rate of $115. 00 per hour and $21. 50 per ton. The low bid is from Jerry Lueck Paving Co. for contract street maintenance work on City streets. Background Bids received are as follows : Jerry Lueck Paving Co. 115 . 00/hr 21. 50/ton • A/J Excavating 172. 00/hr 27 . 00/ton Michael Frederick Paving 190. 00/hr 25 . 00/ton H.D. Peterson 190. 00/hr 270 . 00/ton in place Attached to this memo is a Bid Summary sheet with a complete breakdown of labor, materials and equipment. An indepth analysis of the personnel and equipment require- ments necessary to do the specified work indicate the lowest qualified bidder to be Mr. Lueck. Funds for this work are in the FY 1980-81 budget under account 05-4402-224 , Contracted Services : Street Maintenance/ Repairs. /hAWRENCE McPHERSON RALPH H. OWELL, JR. • LM:vh RHD:vh 7-25-80 7-25-80 f ro L 0 0 • S4t C A N o ro ro z A w n rt w v LO G 7 3 E b O 94 c w E O O S4 O C w . W o O 41 o 'H ro U E N O m w o s, w ol a w .V ro H O O V v +J O C r ro H O o' G x O N a +j w ..i 0 m LhN z z H F ra U o o d m aa)i N a ro •N 6 $4 •O ro S4 w H U N t` U w lJ ro N ri 41 ro O N O fi U rl F4 a a w W r-I G 4 ro X 'H M w w M S4 M 7 w UP ro X fC U N w > S4 U G X C G h U Ri 7 V S4 .X O r1 A u U l U "1 I ro m 14 O ro ro ,C O -.i ro -H '.i N C W F a M C4 M a > 3 W a ro a; 10 O .H G1 •a H O I 3 N U C W L4 a w o 0 o A +J 0 Ln N G fa o a a ro o a a v r •o w N >1 w ro v w a H > N ro w w w ro ro G w C h h ro A ro G A U y ro +; C w x N X C 7 D U ro ' 0 11 ro H rl ro w +� a a a ro a x Cl C) lJ Y4 N E 7 x 3 I ro '� w •o 4 cn U co a o o mv � � � o O - w O Ln N Y4 O w ro S4 X 'LS w zl < 0) N G w w a .0 F w U ro Sa S4 ro ro 5 f-I w ro v U w ro C-) rgro Id AsuG '.I H 14 0 C 0 0 I ol O m CQ z n U 14 o H w z H m U s it U0 2 w E F O F N I ro z Q4 fZ N r�i O £ O a 04 £ 0 • WQ a w F a x O H O W M_E M O_R A_N_D_U_M_ ) • TO: City Council FROM: City Manager SUBJECT: Parks and Recreation Ordinance The attached ordinance provides an enabling document for the establishment of a Parks and Recreation Advisory Board. The matter is introduced as a regular ordinance requiring two readings with a thirty day period after the second reading before it becomes effective. The recreation agreement between Paso Robles and Atascadero has been under discussion and, within the next few weeks , a contract or JPA or whatever necessary will be presented to you for your consideration. Our agreement must consider how bills will be paid, liability, sharing of salary expenses , participation by the advisory boards in a joint city advisory board, participation of the recreation director, and other similar considerations. Mr. Stuart Ross of Paso Robles has indicated to me his eagerness to get the program started, an attitude which I share , so we will attempt to get this done as soon as possible. • In the meantime, the ordinance gets us on our way. Technically, the members of the Advisory Board do not have a formal function until the ordinance becomes effective. As a formal advisory board of the City, it is bound by the same statutory requirements as to notification of public meetings, holding of meetings and other matters as is the Council and Planning Commission. As an interim measure, until the Board is fully organized and until some recreation support staff is available, these matters will be handled by my office. The point is that the Board must fully comply with public meeting statutes and, hence, cannot formally function until the enabling ordinance process is complete. 4za� R�RA7 L. WARDEN MLW:ad 8-7-80 • • • ORDINANCE NO. 28 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING • CHAPTER 1 ENTITLED PARKS AND RECREATION ADVISORY BOARD TO TITLE 10 OF THE ATASCADERO MUNICIPAL CODE Section 1. Chapter 1 of Title 10 is added to the Atascadero Municipal Code to read as follows : TITLE 10. PARKS AND RECREATION Chapter 1. Parks and Recreation Advisory Board Section 10-1. 01. Established. There is created a Parks and Recreation Advisory Board composed of seven (7) members . Section 10-1. 02 . Oualifications . The regular members of the Advisory Board shall be qualified electors of the City and shall serve without compensation. The membership of the Advisory Board shall include seven (7) members of the public who shall hold no other public office in the City. • Section 10-1. 03. Ex officio members . There shall be two (2) ex officio members on the Advisory Board consisting of one (1) member of the City Council and one (1) member representing the school district. Ex officio members shall be appointed by the Mayor and shall serve without compensation. Section 10-1. 04 . Terms of office and vacancies. Regular members of the Advisory Board shall serve for a period of four (4) years beginning on July lst. The terms of three (3) of the regular members shall expire on June 30 , 1982 , and every four (4) years thereafter; and the terms of the four (4) other regular members shall expire on June 30 , 1984 , and every four (4) years thereafter. The term of the ex officio member representing the City Council shal� terminate upon expiration of the Council term of office. The ex • officio member representing the school district shall serve for a period of four (4) years. The term of the ex officio member repre- senting the school district shall expire on June 30 , 1982 , and every four (4) years thereafter. Vacancies in the Advisory Board occurring otherwise than by expiration of term shall be filled in the manner hereinafter set forth for appointments . All members shall serve at the pleasure of the City Council. 4 Section 10-1. 05. Appointments . Appointments for the Advisory Board and the filling of vacancies shall be made by the City Council. Vacancies shall be filled for the unexpired term only. Section 10-1. 06. Organization. At its first regular meeting following July 1st of each year, • the members of the Advisory Board shall elect a Chairman and a Vice Chairman, who shall hold office for one (1) year. The Chairman shall preside over meetings, appoint appropriate committees, sign resolutions and direct the affairs of the Advisory Board. In the absence of the Chairman, the duties of this office shall be performed by the Vice Chairman. Section 10-1. 07 . Procedure . The Advisory Board shall adopt rules and regulations to govern its procedures and shall set a time and place for regular meetings which will be held at least once a month. Section 10-1. 08 . Quorum. A majority of the members shall constitute a quorum. • 2 - i • • j Section 10-1. 09. Absence from meetings . Absence of a member from three (3) consecutive meetings, without • formal consent of the Advisory Board noted in its official minutes, constitutes the voluntary resignation of such absent member and the position shall be declared vacant. Section 10-1. 10. Secretary, minutes. The Advisory Board Chairman shall appoint a secretary from among the Board members who shall maintain accurate minutes of the activities and official actions of the Advisory Board. Section 10-1.11. Duties and responsibilities. The duties and responsibilities of the Parks and Recreation Advisory Board shall be to: (a) Act in an advisory capacity to the City Council in all matters pertaining to parks and public recreation and to cooperate with other governmental agencies and civic group in the advancement of sound park and recreation planning and programming; (b) Formulate policies and parks and recreation services for consideration by the City Council; (c) Meet with the City Council at least once each year to dis- cuss policies , programs , future needs or other matters requiring joint deliberations. More frequent meetings may be held if deemed necessary by a determination of a majority of members of the City Council and Parks and Recrea- tion Advisory Board. All such meetings shall be held in accordance with statutory requirements governing public meetings . • 3 _ • • (d) Recommend to the City Council the development and improve- • ment of parks, recreational areas , facilities, programs , and recreation services ,• (e) Make periodic surveys of parks and recreation services that exist or may be needed and ascertain the needs of the public for such services ; (f) Assist in coordinating parks and recreation services with the programs of governmental agencies and voluntary crgani- zations; (g) Disseminate to the public information concerning the policies and functions of the Parks and Recreation Department; (h) Advise the Recreation Director in the development and opera- tion of the parks and recreation programs and facilities; (i) Suggest rules and regulations governing the use of parks : • and recreation areas and facilities. Section 10-1. 12 . Recreation Director - Meeting attendance, reports . The Recreation Director shall attend the meetings of the Advisory Board and shall make such reports to the Board, the City Manager, or to the City Council as may be required. Section 2 . Publication. The City Clerk shall cause this ordin- ance 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 adoption 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 Ordin- ances of this City. 4 - Section 5. 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. The foregoing ordinance was introduced on and adopted at a regular meeting of the Council held on AYES : NOES : ABSENT: ROBERT J. WILKINS, JR. , Mayor ATTEST: MURRAY L. WARDEN, City Clerk • APPROVED AS TO FORM: ALLEN GRIMES, City Attorney • M E M O R A N D U M TO: Murray Warden FROM: Larry McPherson SUBJECT: Bid 80-11 - Backup Van for Dial-A-Ride Recommendation: That City Council accept staff recommendation concerning the bid opening on Friday, August 8, 1980. This is bid 80-11 for a 12 passenger van to serve as a backup vehicle for the Dial-A-Ride bus system. Background: Council authorized purchase of the above mentioned vehicle • at their meeting of July 28 , 1980, subject to a review of the bids. The earliest acquisition of this vehicle is necessary to prevent loss of transportation services due to equipment failure or routine maintenance requirements. As reviewed in my previous memo, the County will not allow us to use their backup vehicle unless we enter into a formal agreement with them. 2 will have a bid schedule for the Council package by Friday noon along with my recommendations . f HWRENCE McPHERSON • 8-8-80 !Y' �Lv /.YwZb4 1ylclfV M_E M_O R_A N_D U M_ • TO: City Council FROM: City Manager SUBJECT: Bid No. 80-11 It is recommended that the City Council approve Vehicle Bid No. 80-11 in the amount of $11,154 . 38. The low bid is from Atascadero Ford for a 3/4 ton, 12 passenger van. The above bid is for a vehicle to be used as a backup van for the Dial-A-Ride bus system. This van will also be available for other uses such as the Recreation Department. Bids received are as follows: Atascadero Ford - $11, 154. 38 • Pete Johnston Chev. - 12 , 426 . 79 Funds for this purchase are in the Fical Year 1980-81 budget under #0011-4401-224 , Dial-A-Ride operations. *RRDEN MLW:ad 8-8-80 • a H rt r m z 0 b G a r � rt r• rt K W N. a w � rt 0 0 I r r rw d N\ (D I G1 P N H ro n O o w rt n10 N O Y (D In O p O O m rt p P. m w o i (D p m 7o co rl I C � o G r N r 0 x w y r o 0o rt rn H rt N a ".3 a N O% Vi O N '. Ul U1 W N • Ci In H a rt w o O R. wwo pl O O (D co w o (D H x n r a 0 o x r m N � i� kD o H w0 F- R O rt NO N '.7 UI C) a mww rt N 0 O O 0 O J .P W "v R+ G a a ioO �o m m m (D C G Fj _ N O C 0 • • AGENDA - ATASCADERO CITY COUNCIL Regular Meeting July 28 , 1980 7 : 30 p.m. 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 form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call A. CONSENT CALENDAR 1. Minutes of the regular meeting of July 14, 1980 (RECOMMEND APPROVAL) 2. Treasurer' s Report, 6-14-80 to 7-18-80 (RECOMMEND APPROVAL) 3. Correspondence (RECOMMEND ITEMS BE RECEIVED AND FILED) 4 . Establish La Paz Lane as the road name for an unnamed road • (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOM2IENDATION) 5. Variance from provisions of condominium moratorium ordin- ance to allow processing of Final Map for Tract No. 726 - Eltinge Grinnell (RECOFIMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATIONS) B. HEARINGS, APPEARANCES AND REPORTS 1. Report by City Manager on Dial-A-Ride bus system recommendations C. UNFINISHED BUSINESS 1. Lease-purchase agreement for Dial-A-Ride buses 2. Set date to interview applicants for Parks and Recreation Advisory Board 3. Resolution No. 17-80 re: consolidating issue of election or appointment of the offices of City Clerk and City Treasurer with the November General Election 4. Ordinance No. 25 creating a special aas tax improvement fund - second reading and adoption 5. Ordinance No. 26 amending the zoning map - first reading D. NEW BUSINESS 1. Resolution No. 16-80 confirming the report of costs of weed • abatement 2. Transfer of Fire District liabilities and assets • • AGENDA - ATASCADERO CITY COUNCIL Regular Meeting July 28, 1980 Page Two • D. NEW BUSINESS (cont. ) 3. Bid No. 80-6 - maintenance of Sunken Gardens and Adminis- tration Building grounds 4 . Bid No. 80-5, 80-7 , and 80-8 - vehicles E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Manager • • MINUTES - ATASCADERO CITY COUNCIL • Regular Meeting July 14 , 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 Lon Eckdahl of the Nazarene Church gave the invocation. ROLL CALL PRESENT: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins ABSENT: None PUBLIC COMMENT 1. Play Simoneau complained of two incidents regarding dispatch of fire equipment by the Atascadero Police Department. She felt the police dispatch had been remiss in handling two fire responses . A. CONSENT CALENDAR 1. Minutes of the special meeting of May 31, 1980 (RECOMMEND • APPROVAL) 2 . Minutes of the regular meeting of June 23, 1980 (RECOMMEND APPROVAL) 3. Claim of Ronald and Arthur McElroy in the amount of $36 , 445 . 90 (RECOMMEND DENIAL) 4 . Time extension request for proposed lot division (AT 78-164) 8920 San Gabriel - Davis (Hilliard) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 5. Time extension request for proposed lot division (AT 78-212) 8300 Curbaril - Froning (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) Mayor Wilkins reviewed the items on the Consent Calendar. MOTION: Councilman Nelson moved for approval of the Consent Calendar. The motion was seconded by Councilman Stover and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Public hearing on request of Jesse Bentley for change in zone from A-1 to M-1, 4455 Traffic Way The Planning Director reviewed the matter and stated that the Planning Commission had recommended approval of the change with a "D" designation for departmental review. MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 14, 1980 Page Two • Mayor Wilkins opened the matter for public hearing. Since there were no comments , the public hearing was closed. MOTION: Councilman Highland moved that Council approve the requested rezoning with the attached conditions and that staff be directed to prepare the necessary ordinance and map for Council consideration. The motion was seconded by Councilman Mackey and unanimously carried. 2 . Public hearing on appeal from Planning Commission denial of a division of a 4 . 02 acre site to create two parcels of 2 . 01 acres , 2130 Monterey Road - Kurt Freiler Mr. Stevens reviewed the Planning Commission' s recommendation for denial of the lot division with a finding that the proposed lot size and density of the project is not consistent with the General Plan. Mayor Wilkins opened the public hearing. Mr. Martin Wolff, representing the applicant, stated that the project is consistent with the zoning ordinance and that the City was remiss in not bringing the zoning ordinance into conformance with the General Plan. • P4OTION: Councilman Highland moved that the appeal be denied on the basis that the proposed lot size and density of the project is inconsistent with the General Plan. The motion was seconded by Councilman Stover and unanimously carried. 3. Public hearing on appeal of conditions established by Planning Commission in approving Motel 6 ' s request to construct a 118 unit motel, 9400 E1 Camino Real The Planning Director reviewed the project along with the Planning Commission ' s recommendation. The appeal was directed against specific conditions placed on the project by the Planning Commission which reduced the size of one of the wings of the building in order to avoid possible damage to trees on the site. The redesign would have resulted in the elimination of four units. Mr. Stevens noted, however, that the condition was worded so as to ensure that the trees were not damaged, but did not specifically restrict the number of units . Mayor Wilkins opened the public hearing. Comments were heard from: Bob Wertz representing the Chamber of Commerce who favored allowing the 118 units ; Phillip Healy representing Motel 6 spoke to the minimal hazard to the trees ; Mike Cox spoke in favor of allowing the 118 units; Leslie Cannon , Planning Commissioner, explained that she made the motion regarding the conditions and felt that potential damage to the trees warranted reduction in the number of units ; Elaine MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 14 , 1980 • Page Three Oglesby pointed out that the General Plan stressed preservation of trees as a matter of importance to the City. MOTION: Councilman Highland moved that Council reject the conditions established by the Planning Commission and uphold the appeal. The motion was seconded by Councilman Nelson and carried with Councilman Mackey voting no. It was noted that the motion granted the appeal 4. Report by Councilman Nelson on Recreation Committee Mr. Warden reviewed the meeting held by persons concerned with developing a recreation committee. The consensus of the interim com- mittee was to endorse the concept of joining with Paso Robles as an interim measure until Atascadero can get its programs rolling; those in attendance were in favor of a seven-member advisory board. Councilman Nelson stated that the group felt that Atascadero should be on its own as soon as it can do so. MOTION: Councilman Nelson moved that the Council establish a seven-member recreation advisory board and that Staff • be directed to draw up the necessary ordinance. The motion was seconded by Councilman Highland and unanimously carried. Council decided to accept applications to the Board until July 28th and to decide on an interview date at that time. 5. Report by City Manager regarding the Regional Transporta- tion Plan Mr. warden reviewed the proceedings of a recent meeting of the Technical Transportation Advisory Committee (TTAC) , an advisory committee to the Area Planning Council. TTAC considered a Staff recommendation for an inter-citv transit system which would tie the South County cities , Arroyo Grande and Grover City , with San Luis Obispo, and the North County cities , Paso Robles and Atascadero, with San Luis Obispo. The TTAC felt that the Staff recommendation on this matter did not contain enough information to make an informed determination and did not fully consider the funding sources or the impact on local city transit programs. TTAC made a recommendation to the Area Council that the whole issue of County-wide transit pro- grams be returned to Staff for further analysis and development of comprehensive justifying data. Por. Warden also reviewed the use of SB 325 funds and that the proposal for an inter-city system could mean that cities would have • to use their general fund resources to support all the transportation MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 14 , 1980 Page Four . needs in their city and of the region. It was noted that the County uses about 25% to 30% of their SB 325 funds for unmet transit needs while most of the cities are committing over 50% and, in some cases, 80% of these funds to transit. MOTION: Councilman Highland moved that Council instruct Council- man Stover to take a position at the Area Planning Council meeting requiring additional study and develop- ment of hard facts and figures on the inter-city pro- posal before approving it. The motion was seconded by Councilman Nelson and unanimously carried. Mr. Warden advised that the City' s grant application for $60 ,000 to purchase parking lot property for use as a Dial-A-Ride turn-around had not been awarded. However, the City had received a $48 , 800 grant for the purchase of two buses , handicapped equipped with radios and fareboxes. RECESS 9 :00 P.M. RECONVENED 9 : 07 p.m. C. UNFINISHED BUSINESS 1. Transfer of County property to the City - Resolution No. • 14-80 authorizing transfer of real property to the City of Atascadero and Resolution No. 15-80 accepting nego- tiated property tax revenue base from Atascadero Fire Protection District Mr. Warden reviewed the proposed contracts. Mayor Wilkins read Resolution No. 14-80 by title only. MOTION: Councilman Highland moved for the adoption of Resolution No. 14-80 . The motion was seconded by Councilman Stover and unanimously carried. Mayor Wilkins read Resolution No. 15-80 by title only. MOTION: Councilman Highland moved for the adoption of Resolution No. 15-80 . The motion was seconded by Councilman Stover and unanimously carried. Mr. Warden advised that the tax base from the Atascadero Fire District is about $200 ,000. 2. Resolution No. 11-80 approving the budget for the 1980-81 fiscal year and appropriating funds therefor MOTION: Councilman Highland moved for the adoption of Resolution No. 11-80. The motion was seconded by Councilman Stover. • MINUTES - ATASCADERO CITY COUNCIL Regular fleeting July 14 , 1980 • Page Five Mayor Wilkins read Resolution No. 11-80 by title only. The motion was unanimously carried by roll call vote. 3. Resolution No. 13-80 advising of intention to approve an amendment to the contract between the Public Employees Retirement System and the City to include local fire members Mr. Warden advised that adoption of this amendment is necessary in order to make the Fire Department part of the PERS program. If, at some later date , it is determined that they should have a different plan, an amendment can be made. Mr. Warden announced that the per- cent of payroll cost is 17 . 680% and that the cost for the next twelve months for Police is estimated at $62 , 905 and for Fire at $34 ,582 . Mayor Wilkins read Resolution No. 13-80 by title only. MOTION: Councilman Highland moved for the adoption of Resolution No. 13-80 . The motion was seconded by Councilman Stover and unanimously carried. • 4. Ordinance No. 24 adopting a Personnel System - second reading MOTION: Councilman Highland moved that Ordinance No. 24 be read by title only. The motion was seconded by Councilman Stover and unanimously carried. Mayor Wilkins read Ordinance No. 24 by title only. MOTION: Councilman Highland moved that this constitute the second and final reading of Ordinance No. 24 and that it be adopted. The motion was seconded by Councilman Stover and unanimously carried by roll call vote. 5. Resolution No. 12-80 establishing personnel rules and regulations Mr. Warden noted that Council was in receipt of two changes ; one in Section 9 . 3. 5, on page 35 , and one on page 36 , Section 9 . 4. 4. Council noted the changes. Councilman Highland was not in favor of granting employees Admission Day as one of their annual holidays ; Council agreed. Councilman Mackey suggested a change in Section 8. 3, page 33 ; she felt that the way it was worded encouraged "bumping" . Mr. Warden • recommended striking the word, "either" in the first sentence, leave in "the abolition of his position" and strike "or as a result of a • - • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 14, 1980 . Page Six demotion of another employee to avoid layoff" . Council agreed. Mayor Wilkins read Resolution No. 12-80 by title only. MOTION: Councilman Highland moved for the adoption of Resolution No. 12-80 as amended. The motion was seconded by Council- man Stover and unanimously carried. D. NEW BUSINESS 1. Award of bid for engineering vehicle, Bid 80-4 Mayor Wilkins reviewed the bids and the recommendation for awarding the bid to Pete Johnston Chevrolet for a 4-wheel drive Chevrolet LUV nick-up with camper shell in the amount of $7 , 950 . MOTION: Councilman Nelson moved for approval of the Vehicle Bid No. 80-4 as recommended. The motion was seconded by Councilman Mackey and unanimously carried. 2. Selection of auditor for fiscal year 1979-80 audit Mayor Wilkins reviewed the recommendation from Staff for awardin* the audit contract to Robert M. Moss Accountancy Corporation based on their low bid and experience in municipal audits . MOTION: Councilman Highland moved that the 1979-80 audit contract be awarded to Robert M. Moss Accountancy Corporation. The motion was seconded by Councilman Stover and unani- mously carried by roll call vote. 3. Discussion of necessity for election to designate the office of City Clerk and City Treasurer Mr. Warden stated that the issue of the appointment or election of the City Clerk or the City Treasurer was not included on the incorporation ballot. The Council could rectify this omission by ordering a special election to be held with the November general election. If Council desires to do this , they should instruct Staff to prepare the necessary documents requesting consolidation with the general election process. If the voters decide to directly elect the City Clerk or the City Treasurer, then Council could make interim appointments until the 1982 election. If the electorate decides to allow Council appointments , then Council could continue the situation as now exists. MOTION: Councilman Highland moved that Staff be directed to prepare the necessary resolution to put the matter on . the November ballot. The motion was seconded by Councilman Nelson and unanimously carried. MINUTES - ATASCADERO CITY COUNCIL • Regular Meeting July 14 , 1980 Page Seven 4. Ordinance No. 25 relating to the creation of a Special Gas Tax Improvement Fund - first reading Mr. Warden advised that the ordinance establishes a special fund which assures that these monies are spent only for road improve- ments. MOTION: Councilman Highland moved that Ordinance No. 25 be read by title only. The motion was seconded by Council- man Stover and unanimously carried. Mayor Wilkins read ordinance No. 25 by title only. MOTION: Councilman Highland moved that this constitute the first reading of Ordinance No. 25. The motion was seconded by Councilman Stover and unanimously carried. E. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Highland asked that the traffic situation • on San Andreas and Santa Lucia during baseball games be looked into. He said that cars park in the middle of the road and traffic cannot get through. (b) Mayor Wilkins welcomed Chief Sylvia to the Staff table and to the City as a Department Head. (c) Mayor Wilkins asked Staff to review the parking situa- tion on E1 Camino in Front of the Safeway parking lot and also in the red marked areas in front of Thrifty; there may be a need for parking controls in these areas . 2 . City Attorney Mr. Grimes was absent. 3. City Manager (a) Mr. Warden advised that there were several activities being held in the Sunken Gardens ; the Atascadero Art Club will hold their annual Fall Arts Festival on September 20 and 21; a Crafts Fair will be held on August 2nd; and the Foothill Baptist Church will hold a music presentation on August 11th. All organiza- tions have filed hold harmless agreements with the City. • (b) Mr. Warden stated that the meeting for the Channel Counties Division of the League of California Cities will be held August 9th at the South County Regional Center in Arroyo MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 14 , 1980 Page Eight • Grande. Council should advise Staff if they wish to attend so that reservations can be made. Mr. Warden asked if the Department Heads can be invited to attend some of these meetinas ; they are valuable from a standpoint of being able to exchange ideas with other cities . Council agreed. (c) Mr. warden stated that the City had received a request from the County Administrative Office to pool the City's share of State Off-Highway License Fee monies to be used for improvements to the Oso F1aco park. Since the allocation to the City is $125 for six months , it is recommended that the City join with other cities and the County in supporting a project at the County' s Oso Flaco Recreation Area project for blocking off sensitive areas , augmenting litter removal, etc. Council agreed. (d) Mr. Warden requested an executive session to discuss possible litigation. He noted that there would be no Council action this evenina as a result of the executive session and, therefore, no announcements at the conclusion of the executive session. The meeting adjourned at 9 : 50 p.m. Recorded by: • MURRAY L. WARDEN, City Clerk By: Ardith Davis Deputy City Clerk CITY OF ATASCADERO • TREASURER' S REPORT June 14; 1980 through July 18 , 1980 Balance as of 6/13/80 $ 13, 630. 25 Receivables: Per attached deposit listing 190, 891.65 Payables: Per attached Warrant Registers (70, 910 . 59) Per attached listing (58 , 063 . 50) Balance as of 7/18/80 $ 75 ,547 .81 Other Funds : Petty Cash $ 26 . 56 • Local Agency Investment Fund, State of California 495, 000. 00 Time Deposit, Mid-State Bank 15. 15% interest, matures 4/24/81 100 , 000. 00 Time Deposit, Mid-State Bank 14 . 0% interest, matures 8/20/80 100, 000. 00 Time Deposit, Mid-State Bank 15. 875% interest, matures 9/09/80 100, 000 . 00 Total $ 870 ,574 .37 • DEPOSIT LISTING June 14, 1980 through July 18, 1980 • Date Source Amount 6/19 State of CA - Cigarette Tax(6/80) $ 5, 005. 37 6/19 Planning Dept. - Permits 1, 953 . 90 6/20 State of CA - Sales Tax (6/80) 56, 746 . 50 6/20 State of CA - Hwy Users Tax (6/80) 16, 016 . 45 6/20 Planning Dept. - Permits 1, 292 .24 6/25 Planning Dept. - Business Licenses 1, 800. 00 6/25 Planning Dept. - Permits 9 , 418 .22 6/30 Planning Dept. - Permits 3,206 . 47 7/1 Planning Dept. - Permits 1, 375. 24 7/3 Planning Dept. - Permits 1, 519. 28 7/10 LAIF - Mid-State Deposit 25, 000 . 00 7/10 Planning Dept. - Permits 1, 658 . 72 7/15 LAIF - Interest Deposit 12 , 444 . 08 7/15 Planning Dept. - Permits 1, 413 . 39 7/15 DAR Fares 420 . 95 7/15 Public Works - Reservations 232 . 00 7/15 Police Dept. - Sales of Reports 19. 50 7/16 LAIF - Mid-State Deposit 15, 000. 00 7/17 State of CA - Vehicle "In Lieu" (6/80) 36 , 022 . 58 7/17 State of CA - Off Hwy Mtr Vehicles (6/80) 111. 11 • 7/17 Planning Dept. - Permits 235 . 65 Total $ 190 , 891. 65 • • • EXPENDITURE LIST June 14 , 1980 through July 18 , 1980 Payables: Date Ck No Vendor Amount 7/1 P1503 The Paper Works - Police Citations $ 738 .74 7/2 P1504 Mid-State Bank - FWH Tax 3, 025 .17 7/2 Payroll dated 7/02/80 14 , 463 .51 7/3 P1505 Donna Peterson - Termination ck. 401 . 18 7/3 P1506 JJ' s Auto Service - repairs 23 . 00 7/8 P1507 U S Post Office - Postage 75 . 00 7/8 P1508 R. McHale - School Fee 50 . 00 7/8 P1509 Kincy Scott - Zoo Food 21. 91 7/10 P1510 SLO - JPA Medical Pymt. 3, 545. 34 7/11 P1511 M. Warden - Car Allowance 150. 00 7/10 P1512 City Treasurer - Petty Cash 90. 27 7/10 P1513 H. L. LaPrade - Parking Lot Pymt. 933 .42 7/10 P1514 Kincy Scott - Zoo Food 30. 29 T� 7/10 P1515 R. Ritter - Bldg. Permit Refund 18 . 00 7/14 P1516 Dept. of Conservation - Motion Fees 109 . 96 7/14 P1517 B. Quilan - July 4 Police Assist. 41. 25 7/14 P1518 J. Looram - " 41. 25 • 7/14 P1519 R. Berlow _ 42 . 25 7/14 P1520 T. Boyd 42 . 25 7/14 P1521 D. Melendy - 42 . 25 7/14 P1522 M. Warden - Conf. Expenses May,June 379 . 92 7/15 P1523 Atas. Fed. Credit Union - Employee Pymts. 487 . 00 7/15 P1524 City/Co Fed. Credit Union - 62 . 50 7/15 P1525 Mid-State Bank - FWH Tax 4 , 790. 62 7/15 Payroll dated 7/16/80 21, 056 . 57 7/16 P1526 Los Padres Health - D. Slyvia 144 . 40 7/16 P1527 Super. of Documents - Publication 4 . 75 7/16 P1529 Cert. Bldg. Inspection - Services 792 . 00 7/18 P1530 Mun. Data Proc . Exchange - Membership 20 . 00 7/18 P1531 PERS - period 6/0/3 2 , 233 . 10 7/18 P1532 PERS - period 6/0/4 4 , 207 . 60 Total $58 ,063 .50 • ATASCADERti 1 PAGE NO. DEMAND/WARRANT REGISTER NO. 81-013 DATE 07/18/8• PAYEE WARRANTCHECK ER DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT RR0AhEA0 DRPikIrlg ',iATER D +I`. tliV(i ''.,ATEI 1-4102-210 16.96 URIi<nI' C, S' ATWP 01--42U1 -210 33.61 2258 50.77 TASCADERO ivES':S CLASSIFIED AGS 1-41OD-247 66.90 ADS F-514, 520/CLASSIFIED ; 1-4102-2(17 52.28 AUS F—ol9, 624, 623 1-4102-247 26.67 4DS ,4-4u4 , 8!13, 6U5 41-4102-247 20 .37 2259 166.22 TASCADERO F09U FIST/LAST CAP LEASE PYMT ) 1 -4201-224 6129.24 2260 6129.24 TAS MUTUAL NATER CO JULY CNA4rES 1-4404-232 40000 364 .78 .JULY CHA!iGES 1-4404-232 ;,53000 16 .43 JULY CHARGES 11 -44u5-?32 ;544000 3.79 2261 385.0 & H AUTO PARTS , INC FINE DEPT—F'USF3 1-4202-215 1 .99 2262 1 .99 PANTON 'S AUTO ELECTPIC F .U. REPAjiR CHARGES 1-4202-215 14.00 2263 14. 00 hAN aE.L PAP;_R CO CUPIFR PAPER 01-4102-222 115960 181 .79 2264 181 .79 COAST TO C0AST JULY STr- T 01-4202-210 83.46 2265 88 . 46 ,A PCILYTEChUIC 5TATF HNIV FIIAANCIAL REPDRT 01-4106-234 12.00 2266 12. 00 E COU Lur'i-,I_R CIA HLuG 5UPFLIES 01-4201-210 22809 33.47 ATASCADERO PAGE NO. 2 �MAND/WARRANT REGISTER NO. 81-013 DATE 07/16/30 PAYEE - WARRANT CHECK !TUCHER DETAIL OF DER1ANDS PRESENTED WRITTEN N0. DESCRIPTION ACCOUNT CHG'D INV NO. AMOUNT NO. PM0UNT 144 2olbs , 22578 01 -4202-210 27 .73 2267 61 .20 I FIRE CHIEF MAGAZINE X50 1 YR SUBSCRIPTION 01 -4202-234 934221 15.00 2268 15 . 00 GRISAvTI HARDvARE )44 0353b, 03603 01-4202-210 20 .24 22691 20 .24 ayle Sharpp Ford %44 R .O. 127),17 , 12051 01-4202-215 39 .20 144 R.O. 12207 01 -4202-220 6. 19 2270; 45.391 GLEiv 'S REPAIR 50 F .D . REPAIR CHARGES 01-4202-215 13355 13.52 43 SUPPLIES 01-4405-217 13417 1 .48 2271 15 . 00 EM AUTO PARTS 43 SUPPLIES 284 01-4201 -210 120 .95 43 SUPPLIES 947 , 454 01-4201 -242 136. 14 50 SUPPLIES 946, 490 U1-4202-222 123 .63 2272 380.90 INT 'L BUSINESS MACHINES CORP 43 TYPEwP ITER R=(,:TAL 01-410b-302 C6X503 63.60 43 TYPEr=F'ITER LEASE 01 -4441-224 314448 61 . 61 22731 145.21 INT 'L CITY kANAGEK)ENT ASSOC 44 %iUivICIPAL PlIFLICATIONS 01-4102-234 10 .95 43 PUf3LICATIW1S G1-410b-234 53.50 2274 64 .45 ,C NAOARA ELECTRIC 44 TOOLS 01-4202-210 18504 6.56 2275 8 .56 ACIFIC TELEPHONE 50 238 451-8V34- 17b-N 01-4201-229 15. 00 ATASCADERO PAGE NO. 3 DEMAND/WARRANT REGISTER NO. 81 -013 DATE 07/ 18f PAYEE 'DCH EA WARRANT CHECK. CH DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CHGD INV.NO. AMOUNT NO. AhtO UNT 50 236 451-8033-201-N 01-4201-228 15. 00 50 238 451-8031-877-1% 01-4201-228 15. 00 D0 236 451-50?2-141-1\- 01 -4201 -228 • 15. 00 2276 60 .00 PERRY & RiliG, INC 43 ELECTRICAL Ei!GIkEERING 01 -4405-301 902.00 2277 902 .00 , ELISARRAkAS EXCAVATION 33 SEI,ER PIPE REPAIR 01-4404-210 61 .00 2278 61 .00 AYNE RATER SYSTEMS 13 CITY s',AlEk SOFTENER 01-4405-224 13.00 2279 18. . 00 SLO CTY Dept of TECH SERVS 44 Cr;I- PUTEF BILLING 01-4202-249 29.77 226C 29 .77 I i SAN LUIS PAInITS • I 34 F .U. - PAIi#T 01 -4202-216 17 .97 2281 17 .97 + SAN LUIS EU5I14ESS I"ACHINES 44 F.D. SERVICE CHARGES 01-4202-215 35.00 2282 35. 00 SO CA GAS CO 43 JULY CHARGES 01-4401-230 15.77 2283 15 .77 TRI-COUNTY TRAINING OFFCR AS 44 FEE 12/31 /80 - 6/30/81 01 -4202-202 75 .00 2284 75.00 + TE✓'1PLETOAi FEEr1 & GRAIN 50 SUPPLIES 01 -4404-210 81831 23.20 2265 23.20 TAYLOR RENTAL CENTER 43 F .G . SUPPLIES 01 -4402-224 009145 4.45 2266 4 .451 , ATASCADERG PAGE NO. 4 *AND/WARRANT REGISTER NO. 81 -013 DATE 07/ 18/80 PAYEE WARRANTCHECK :HER WRITTEN DETAIL OF DEMANDS PRESENTED DESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT VsIL—r:AR DISPOSAL CO INC JULY CHAk6tS 01-4201-210 53.00 2267 53 .00 ;*,ARNEY TitEE SERVICE i T.�EE SERVICE 01-4402-224 75.00 2288 75.00 ATASCADERU PAGE NO. 5 DEMAND/WARRANT REGISTER NO. 81-013 DATE 07/ 1£1/8• PAYEE ER DETAIL OF DEMANDS PRESENTED WARWR WRITTEN ECK I ❑ESCRIPTION ACCOUNTCHG'D INV.NO, AMOUNT NO. AMOUNT IRITTEN 9157 .60 REPAID .00 ACCRUED .00 TDTAL 9157 .60 RECAP BY FUND NF-PAID WRITTEN FUp1D 01 .00 9157.60 • ATASCADERO Fy -79 - 910 PAGE NO. 1 *AND/WARRANT REGISTER NO. 91-012 DATE 07/ 18/80 1 PAYEE WARRANT CHECK HER DETAIL OF DEMANDS PRESENTED WRITTEN ). DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT rAMOUNT J 6ARKETT, 9 ,M SH0411v OFF VISIT X01-42^01-101 29.00 29.00 ILL 6LAPKE +SNIP PULICE SUPPLIES 01-4201-304 626 477 .21 477 .21 OJPERATIVE PERSONNEL SERV'IC TESTIP:G -"ATEr. IALS 1-4102-210 930 171 .25 TESTING '^ATERIALS 1-4201-210 4970 180 . 40 Tt6TIrG iATEnIALS 11-4401-210 4330 127 , 50 2238 476 .75 "ICHAEL P. CURRAN , M.D . J EAKEa X-RAYS ;1-4201-101 44.OU N e•EI.SCHEDEL X-RAYS 01 -4241-101 44 . 09 K COLPFAw X-SAYS 01-42U1 - 101 44 , 00 J LOV(,QFN X-- 4Y,3 44, 00 J LAPRISU ! k-i: 4YS 01 -4291-101 44.00 hO,:Al2D x-RAYS 01-4201-101 69.00 SChLEPF X-NAYS U1-4201-141 44.00 G ,HITF_ x-HAYS 01-4201 -101 15. 00 R '131_!JkzFE�l6 X-PAYS 1-4201-101 44 . 00' ^, ^ ATTICE X-k4Y3 01-4201-101 44. 00 2239 436.00 * De Cou Lumber Co nL�G i,' TEPIALS 01-4201-214 22609 33.47 2240 33.47 * STEVEN J DOUGLASS, M.D. POLICE PF;YSICALS 01-4201-101 2004.40 U LEIP Ft,YSICAI_ 01-4402-101 39. 50 2241 2093, 90 * DAVIS CJMPAigY SERVICE :^WEAPONS 01-4201-304 1112 1329.53 2242 1329, 58 * F i•- DRT('lly PITT CC RAbVW, IT 01-4201-305 1085. 17 2243 1085. 17 * ATASCAUEPO PAGE NO. 2 DEMAND/WARRANT REGISTER NO. 81 -012 DATE 07/18/80• PAYEE WARRANTCHECK DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'D INV,NO. AMOUNT NO. AMOUNT ALLEN GRIsES LEGAL SERVICES 01-4103-224 1470.00 PHOPE CHARGES 01-4103-228 5.43 2244 1475 .43 GOLDEN STATE DECALS CITY DECALS (CARS) 01-4110-210 8. 50 CITY DFC,+LS (CAPS) 01-4201-242 236. 50 CITY UECALS (CANS) 01-4202-242 111 .25 CITY DECALS (CrPS) 01 -4401 -210 91 .25 CITY DECALS (CAkS) 01-44OP-210 17 .00 CITY DECALS (CARS) 01-4404-PIO 8. 50 2245 473.00 VJT 'L gUSIPFSS MACHINES CORP COPIER CHARGES 01-4102-208 065571 828.26 TYPE',iRITEH LEASE 01-4102-302 460987 11x.70 TYPErjRITFR LEASF 01-42G1-301 4609E7 122.21 TYPFNRITER REr--TAL 01-4201 -301 C51062 77 . 48 TYPF.',iRITFR RrENTAL 51-0201.-301 C51061 78 . 60 2246 1221 .2 10 THE IkOiy MAR; POLICE UIgIF'OwthS 01-4201-205 8653 4621 .76 2247 4621 .76 * K & F LEASI''IG OICT.APHONE LEASES 01-4102-224 105.80 2248 105.80 * +^C NANARA ELECTRIC NIRINIG/BATT CHARGERS 01-4201-224 113.00 2249 113.00 * Ti,E i4UFFLER SHOP CAK SECURITY SCREENS 01-4201-302 600. 00 2250 600.00 * NO CO FIP� PROTECTION 50PPLIk.S 01-4201-224 10540 20.25 2251 20 .25 * PAP_R NORKS JUNE CHARGES 01-4102-210 94. 34 2252 94 . 34 * ATASCADERO PAGE NO. 3 AND/WARRANT REGISTER NO. 61-012 DATE 07/18/80 PAYEE WARRANT CHECK iER DETAIL OF DEMANDS PRESENTED WRITTEN OESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT PETE JOHr,9C'd CHEVROLET u .NHL Oq P1CF(IP 101-4401-301 6000.00 U c,HL OR PICKUP% 01-4401-302 1950 .00 2253 7950.00 TELEGRAM-TRIBUNE ADS 01-4102-248 72.90 2254 72 .90 T'riIN CITIES COMMUNITY HOSPIT 'J LCV6kFd X-QAYS 61-4201-101 95. 00 ' R hc" ARD X-RAYS 01-4201-101 150 . 00 K SPANN X-RAYS 01-4201-1 +i1 95. ()0 C HAZELTO,a X-RAYS 01-4201-101 95 . 00 ' F CAkDII`IALE x-'2AYS 01 -4201-101 95. 00 K COLPEAN X-6aYS 01 -4201-101 95. 00 � J tiAKEw X-RAYS 01-4201-101 95 . 00 J viA-,FFIEL!l X-RaY5 01 -4201- 101 95 . 00 iT VESTAL X-kAYS 01-4201-101 95. 00 ,T JARA'nI1-1-0 X-BAYS 01-4201-1C1 95.00 2255 1005.00 * VAigDEPLIP E�,TERPRISES COU14CIL MICROPHONES 01-4101-206 337 .00 2256 337.00 * I V .ALSH SECURITY LOCK SHOP POLICE PADLOCKS 01-4201-221 3219 55. 17 2257 55. 17 * ATASCADERO PAGE NO. 4 DEMAND/WARRANT REGISTER NO. 81 -012 DATE 07/18/✓r� PAYEE WARRANT CHECK _R DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT +4RITTEN 24107.98 PREPAID . 00 ACCRUED .00 TOTAL 24107 .98 RECAP 8Y FUND PRE-PAID WRITTEN FUND 01 .00 24107 .98 I I ATASCADERO PAGE NO. I OIAND/WARRANT REGISTER NO. 81-011 DATE 07/03/80 PAYEE WARRANT CHECK ",VEER DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT ARROWHEAC DRIt:KIHG WATER d ACC #715 — CLOSING 6/9 01-4102-210 6.70 2165 6.70 * ATASCADERO NEviS ADS/LEGAL 4:I-789, 790 01-4102-247 75.39 2166 75. 39 * COOPERATIVE PERSONNEL SERVIC 4 TESTING MATERIALS 01-4102-210 4786 238.50 2167 238 .50 * CERTIFIED BUILDING INSPECTI a DOJ SHETTERS — SERVICES 01-4110-101 946.00 P1496 946 . 00 * MICHAEL P. CURRAN, M.D . a J BAKER X—RAYS 01 -4201-101 44.00 J BARLOW X—RAYS 01-4201-101 44. 00 216E 88 .00 PLOYMENT DEVELOPMENT DEPT > SIT 4/14, 5/2-5/3, 5/16 01-4102-101 106 .58 SIT 4/ 19, 5/2-7/3, 5/16 01-4106-101 52. 34 SIT 4/ 19 , 5/2-5/3, 5/16 01-4110-101 130 .92 SIT 4/19 , 5/2-5/3, 5/ 16 01-4201-101 69.74 SIT 4/19 , 5/2-5/3, 5/16 01-4401-101 78.98 P1475 438 .56 * F MORTON PITT CO POLICE EOUIPMENT 01-4201-305 493.54 2169 493 .54 * ALEXANDER GRANT & CO COMPUTER SERVS/JIJME 01-4301-239 07101 250 . 00 COMPUTER SERVS/MAY 01-4301-239 06110 250.00 2170 500 .00 * HEILMANN'S SALVAGE COMM EQUIP — P.D. 01-4201-303 6.36 2171 6 . 36 * VALERIE HUMPHREY t^ILEAGE 01-4401-203 15.94 2172 15 .84 * ATASCADERO 2 PAGE NO. DEMAND/WARRANT REGISTER NO. 81-011 DATE 07/03/8 PAYEE WARRANTCHECK DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT i INT 'L BUSINESS MACHINES CORP COPIER METER 1-4102-208 26.50 TYPEWRITER •SUPPLIES ' 1-4401 -210 132.29 2173 158 .79 • UDLA ENTERPRISES POLICE EOUIP;AENT 1-4201 -303 1893.59-2047 1893.59. * I ONALD L LEIB MILEAGE 01 -4401-203 22.50 2174 22 .50 * ICHARD H MC HALE SEMINAR ADVANCE 1-4201-206 50 .00 P1498 50 .00 * LAWRENCE H MC PHERSON MILEAGE 1-4401-203 48. 45 2175 48.4 40 MID-STATE BANK FWH 5/3 - 5/16 1-4102-101 298.59 FWH 5/3 - 5/16 1-4106-101 182 . 49 FWH 5/3 - 5/ 16 01-4110-101 321 . 80 FWH 5/3 - 5/ 16 01-4201-101 205.57 FWH 5/3 - 5/16 01-4401-101 209.01 P1474 1220.56* FWH 5/31 - 6/ 13 01-4102-101 320.60 FWH 5/31 - 6/ 13 01-4106-101 183.65 FWH 5/31 - 6/ 13 01-4110-101 385.81 FW'H 5/31 - 6/ 13 01 -4201-101 556.32 FN.IH 5/31 - 6/ 13 01-44U1-101 260.59 P1494 1706 .97 IA F NIBECKER P.E. MECHANICAL ENGINEERING 01-4107-301 8060 .00 2176 8060 .00 PACIFIC GAS K ELECTRIC STREET LIGHTS - JUNE 01-4301-227 1856. 11 2177 1856 . 11 ,i j L � o � '� �i6 o o� � � 8 � s �' � 3 � � � �� � � }_� 3 s� � �� Y� '"_-�s �� f �GO _.: f$ d ATASCADERO 3 PAGE NO. DJND/WARRANT REGISTER NO. 81-011 DATE 07/03/80 PAYEE WARRANT CHECK N DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CHGD INV,NO. AMOUNT NO. AMOUNT ACIFIC TELEPHONE. 805 466-2503-131-N 1-4102-228 JUNE 42.00 805 n66-6600-869-N i-4201-229 UNE 2401 . 16 238 451-8033-201-N 1-4201-228 UNE 76 . 00 238 451-8031 -877-N 1-4201-228 JUNE 76 . 00 238 451-8032-141-N 01 -42u1-228 MINE 76 . 00 238 451-8034-176-N 1 -4201-228 'UNE 76 . 00 805 466-8000-534-N 1.-4401-228 JUNE 931 .71 2178 3678 .87 UBLIC EMPLOYEE 'S RETIRE SYS PERS 5/17 TO 5/30/60 1-4102-103 309.20 PERS 5/17 TO 5/30/80 .01 -4106-103 238.75 PERS 5/17 TO 5/30/80 01 -4110-103 373 .90 PERS 5/17 TO 5/30/80 01 -4201-103 502. 32 PERS 5/17 TO 5/30/80 01-4401-103 216.70 P1490 1740 .87 �PS DODGE COMMUNICATION'S OLICE EQUIPMENT 01-4201-303 3234. 06-2051 3234 .06-* PETTY CASH - CITY TREASURER UPS - COMPUTER SERV 01-4102-204 3. 07 CONFERENCE EXPENSES 01-4106-206 6 . 00 POSTAGE 01-4110-204 . 46 CMiFERENCE EXPENSES 01-4110-206 14 . 15 GENERAL SUPPLIES - P.D. 01 -4201 -210 3. 43 P1491 29 . 13 UPS - COMPUTER SERVS 01-4102-204 3. 07 GENERAL SUPPLIES 01 -4102-210 11 . 42 POSTAGE - PLANrdING DEPT 01-4110-204 1 .40 FILM - POLICE DEPT 01-4201 -224 11 .64 PHOTOS - POLICE DEPT u1-4201 -224 16.54 P1502 44 . 07 PERRY & RING, INC ELECTRICAL ENGINEERING 01-4107-301 1687 .00 2179 1687 .00 ITY OF PASO ROBLES REFUrlD - PASO ROBLES 01 -4106-206 66.70-2049 66 .70 • i ATASCADERO 4 PAGE NO. DEMAND/WARRANT REGISTER NO. 81-011 DATE 07/03 UCHEH PAYEE WARRANT CHECK NODETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT ;5 REFUND - PASO ROBLES 1-4301-239 76 . 37-2086 76.37 + ITY OF SAN LUIS OBISPO ,4 ;WORKER 'S COMP 1-4102-108 133.08- S4 WORKER 'S COMP 1-4106-108 63. 13— ;4 VaORKER 'S COMP ' 1-4110-108 113 .62- 4 NORKER 'S COMP 1-4110-108 51 .49— �4 4ORKER 'S COMP 1-4201-108 956.06— ,4 KORKER 'S COMP 1-4201-108 2 .65— ;4 WORKER 'S COMP 1-4401-108 21 .68— 052 1341 .71- * AWRENCE L STEVENS 0 MILEAGE I-4110-203 35.84 2180 35 .84 RVILLE D SMITH, JR 11 MILEAGE l-4110-203 62 .56 2181 62 � H STEPHFNSON 0 ARCHITECT FEES 1-4107-301 7029.00 2182 7028 .00 SLO CTY DEPT OF TECH SERVS 5 REFUND - MORRO BAY 04301-239 76.37-2086 76 .37- * LLIOTT 0 STEPHENSON 0 CONTRACT SEP.VS - PLAN CHEOI-4110-101 608.41 2183 608 .41 TRI-EX TOPER CORP 5 TKDi26-60-2 TOaER 1-4201-303 3422.00-1410 31422 . 00. * 5 TOWER PARTS & SUPPLIES 1-4201-303 704.57-1428 ' 704 .57- * TrIN CITIES COMMUNITY HDSPIT 1 J LINENKUGEL X-RAYS 01-4201-101 95.00 ATASCADERO PAGE NO. 5 ails ND/WARRANTREGETER NO. 81-011 DATE 07/03/80 PAYEE WARRANTCHECK ER DETAIL OF DEMANDS PRESENTED WRITTEN DESCROTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT R 6LUM6ERG X-RAYS 1-4201-101 335.00 M SHU6Ia X-RAYS 1-4201-101 95. 00 i 0 WEISCHEDEL X-RAYS 1-4201 -101 95.00 D MATTICE X-kAYS 1-4201-101 110 .00 J LARPISON X-RAYS 1-4201-101 95.00 2.184 825.00 ANDERLIP ENTERPRISES PUBLIC ADDRESS SYSTEM 1-4101-206 126.78 2185 126.78 ESTERN OFFICE PRODUCTS INC OFFICE SUPPLIES 01-4102-212 217Q3 OFFICE SUPPLIES 01-4106-212 17 .98 OFFICE SUPPLIES 01-4110-212 23.46 CALCULATORS 01-4110-302 83.81 GENERAL/OFFICE SUPPLIES 01-4201-210 1242.44 OFFICE SUPPLIES 01-4401-212 35 .51 OFFICE FURNITURE 01-4401 -303 283. 05 0OFFICE FUPKITUkE 01-4401-304 139.70 2186 2043. 18 * MURRAY L WARDEN JUNE CAR ALLO'NANCE 1-4102-201 150.00 P1495 150 .00 * NLC-SPEER/ICMA WORKSHOP tiORKSHOP REGISTRATION 01-4102-206 100.00 P1499 100.00 * i ROGER GRANT REFUND - ROGER GRANT 01-3200-110 30.00 P1500 30.00 PERYL RODRIGUES REFUND - BERYL RODRIGUES 01-3200-020 167 .50 REFUND - 3ERYL RODRIGUES 01-3200-030 31 . 00 REFUND - BERYL RODRIGUES 01-32.00-OaO 26. 73 REFUND - BERYL RODRIGUES 01-3200-150 11 .00 REFUND - SERYL RCORIGUES 01-3600-100 2. 70 P1501 238.93 YOUNG BIRDS CONSTRUCTION CO COMM F_OUIP - P.D. 01-4201-303 66. 12 2187 66. 12 0 ATASCADERO PAGE NO. 6 DEMAND/WARRANT REGISTER NO. 81-011 DATE 07/03/800 PAYEE WARRTCHECK DETAIL OF DEMANDS PRESENTED WRITTEN DESCRIPTION ACCOUNT CHO'D INV.NO.7 AMOUNT NO. AMOUNT AYROLL NET PAYROLL 6/4/80 1-4102-101 1068.67 NET PAYROLL 6/ 18/80 1-4102-101 1140.04 NET PAYROLL 6/4/60 1 -4106-101 914 .49 NET PAYROLL 6/ 18/FO 1 -4106-101 918.26 NET PAYROLL 6/4/80 1 -4110-101 1337 .73 NET PAYROLL 6/ 18/80 1 -4110-101 1635. 15 NET PAYROLL 6/4/80 01 -4201-101 2102.61 VET PAYROLL 6/ 18/80 91-4201-101 3067 .49 NET PAYROLL 6/4/80 1 -4401-101 736.92 NET PAYROLL 6/ 18/80 1 -4401-101 1091 .99 DOOOO 14033.35 I 'I fly ATASCADERO PAGE NO. 7 7*D/WARRANT REGISTER NO. 81 -011 DATE 07/03/80 PAYEE WARRANT CHECK DETAIL OF DEMANDS PRESENTED WRITTEN - DESCRIPTION ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT -♦MITTEN 27731 .94 REPAID 9913.07 CCRUED .00 OTAL 37545.01 RECAP 8Y FUND RE-PAID RITTEN I FUND 01 9913.07 27731 .94 I I I • • (TO 2F w O� xdoadlpoc VALLEY OF FLOWERS July 18, 1980 R,E C E )L 2 C 101 Mayor Robert Wilkins City of Atascadero P.O. Box 747 Atascadero, CA 93422 Dear Mayor Wilkins: The Lompoc City Council would like to express its appreciation to the people of your city for the hospitality shown the Lompoc Babe Ruth team and their families while in Atascadero July 3 through 12, 1980. Many families housed the Lompoc players over a • period of nine days. Atascadero merchants were especially helpful in serving the parents. They were treated as welcomed guests. Your community's hospitality is sincerely appreciated. Very truly yoursT- E. C. Stevens, Mayor City of Lompoc ECS:jcg CITY OF LOMPOC, CITY HALL, 100 CIVIC CENTER PLAZA, LOMPOC. CALIFORNIA 93438 (805) 7361261 San Luis Obispo County Symphony Association • RECEIVED AUC 1 1 1980 July 8, 1980 City Council City of Atascadero 6501 Lewis Avenue Atascadero, CA 93422 Dear Mayor & fellow city councilmen, The San Luis Obispo County Symphony Association would like to express its appreciation for your donation of $250 for our 1980-1981 season. It is our understanding that these funds are to be used for musical clinics in Atascadero for school children. It is generous support such as yours that enables us to offer an eductional service to our county. As you may be aware, ticket sales cover only 23-25% of our annual budget necessitating our search for funds in the public and private sectors. Therefore we appreciate your assistance in raising our $80,000 budget • for fiscal year, 1980-81. It might also interest you that 10% of our season subscribers for the 1980-81 season are residents of the city of Atascadero. I'm sure these citizens will also appreciate your support of the Symphony. Your donation will be listed in our concert program throughout our five concert season next year under the category of PATRON (donations of $250+) . A 4ir?, our many th s, D 't3hy Wv�i^ , S mphony Association President AA:jlb . • Post Office Box 658 San Luis Obispo,California 93406 (805)543-3533 7 MEMORANDUM TO: CITY MANAGER FROM: PLANNING DIRECTOR SUBJECT: Road name request - La Paz Lane LOCATION: 11405 - 11505 Atascadero Rd. APPLICANT: Petition by residents REQUEST: To establish La Paz Lane as the road name for an unnamed road On July 7, 1980 the Planning Commission considered the above- referenced read name request and unanimously recommends approval of La Paz Lane subject to the following: 1. The Planning Department shall assign new addresses (9000-9150 La Paz Lane) to each of the existing residences and shall make proper notification of the change. 2. Within 30 days of notification, the residents shall provide address numbers in compliance with the following standards : • a. Numbers shall be no smaller than 4" in height, with width proportionate to ;eight. b. Numbers shall be of a color in contrast to that of back- ground upon which they are mounted. c. Numbers shall be located on a portion of the building nearest to the street, and at least six (6) feet above grade. d. Numbers shall not be obscured by shrubbery, hanging baskets, etc. 3. Provision shall be made Tor acquisition and installation of a street sign of a type and design acceptable to the City of Atascadero. In the event that street sign installation was not provided for in conjunction with the parcel map or acceptance of the road, residents may be requested to pay a fee for the street sign. • It was the consensus of the Commission that the proposed name met • the Spanish name criteria and was not duplicative of or similar to other road names in the City or surrounding area. No one appeared on behalf of the applicants . '&OV LAWRENCE TEVENS RRA WARDEN Planning Director City Manager • • • ATASCADERO PLANNING DEPARTMENT STAFF REPORT TO: Atascadero Planning Commission DATE: July 7, 1980 FROM: Planning Director SUBJECT: ROAD NAME REQUEST - LA PAZ LANE Location: 11405-11505 Atascadero Road Applicant: Petition by residents Request: To establish La Paz Lane as the road name for an unnamed road BACKGROUND: 1. The subject unnamed road is a 10 year old, 1, 200 (approx. ) foot long, paved, cul-de-sac extending east from Atascadero Road between Santa Barbara and San Diego Roads . The road was offered for dedication on CO 76-309 and was recently accepted into the road maintenance system. 2. On December 17, 1979 , the Atascadero Planning Commission moved to refer the request for "Deer Lane" back to the residents. • 3. On January 14 , 1980 , the Atascadero City Council concurred with a recommendation by the Planning Commission to establish a policy for road names preferring the use of Spanish names or names of non-living persons of historical significance. 4. Area residents have resubmitted a petition (attached) requesting La Paz Lane. STAFF ANALYSIS : The requested road name of La Paz Lane appears acceptable for the following reasons: -- "Paz" is a Spanish word meaning "peace" complying with City policy for Spanish names. -- La Paz is not a duplicate of or similar to any other road name used in Atascadero or in the nearby unincorporated areas. -- Lane is the proper description of the road since it is a cul-de-sac exceeding 200 ' in length (based on past County policy) . It will also be necessary to assign new address numbers to each of the existing residences and to notify appropriate public agencies , utilities, and the residents themselves . Furthermore, provision • must also be made for a street sign. Staff Report - La •z Lane . July 7, 1980 Page Two STAFF RECOMMENDATION: The Planning Department recommends approval of La Paz Lane, subject to the following: 1. The Planning Department shall assign new addresses (9000-9150 La Paz Lane) to each of the existing residences and shall make proper notification of the change. 2. Within 30 days of notification, the residents shall provide address numbers in compliance with the following standards : a. Numbers shall be no smaller than 4" in height, with width proportionate to height. b. Numbers shall be of a color in contrast to that of back- ground upon which they are mounted. C. Numbers shall be located on a portion of the building nearest to the street, and at least six (6) feet above grade. d. Numbers shall not be obscured by shrubbery, hanging baskets, etc. 3. Provision shall be made for acquisition and installation of a • street sign of a type and design acceptable to the City of Atascadero. In the event that street sign installation was not provided for in conjunction with the parcel map or acceptance of the road, residents may be requested to pay a fee for the street sign. Report prepared by: U� LAWRENCE EVENS Plannin irector kp Attach. • Ink }0lPG 6490 k. 4.67k 1'B 2766 - 6400 PO FIS SOSAO, 27 .I T277i. e to 963,21zo n 9.69AG Rk AC W � Q 7� 23 yy U .m 1039PL, S7. PROPOSED: c 1- DEER LANE ro.3r Ac: , MEN■®■■■■■RAW■■■■■ 49 C2 h 31 Q _ I 15ZOAC 300AC 3A0AC 400.4 /A/ I I Y • 17 LI 9.8X0. ' NPP°Ce E I 5401 .40 255 R5 275.04 - e a AT SCADERO 11 0 1 rn e k x 1� ' \ 33 � SDS AG g L� � 3e c 37 a. .� •c . y 4 S 3.22 P4 S05AG, 545AL. C , � 34 S.fl A0.` \ d C 1 15 zs do �35 1P 5..v=. 6S1 H7e '�J70> ARg t— 1 °' s•� %;; SANTA ARA:. Pf i[F4P.9 i^ BLOCK a LOT r NOTE—ASSESSOR' 9 w»s7s>ri - �? zcv ]-970 NUN8ER3 SHOWN IN GIRDLES. •>+> _ W. 15 l 5 �...>•.:ai THIS MAF IS FOR ASSESSMENT PURPOSES ON ..-•v"' r ��l & s COUNTY OF SAN LUIS OSISPO _ -- PLANNING DEPARTMENT " PETITION FOR CHANGE OF ROAO __NAME �o'; '\FR�_ = w LA 1 31 17 C N O O rt r N — � i i c � o � 0 a o t � r � 1 MEMORANDUM TO: CITY MANAGER FROM: PLANNING DIRECTOR SUBJECT: Variance from Ordinance No. 17 LOCATION: 5580 Traffic Way REQUEST: A variance from the provisions of the condominium moratorium ordinance to allow processing of a Final Map for Tract No. 726 . On July 7, 1980 the Planning Commission reviewed the subject request and unanimously recommends granting of the variance to Ordinance No. 17 for Tract No. 726 subject to the following: 1. The applicant shall submit the Final Map to the City and shall demonstrate compliance with all conditions of Tentative Tract No. 726 no later than 35 days from the date of City Council action on this request unless a time extension request has been received prior to the • expiration. 2. The discretionary action necessary for any time extension_ request Will _ allow reconsideration of rhe tactors affecting this variance to the moratorium ordinance. In recommending approval the Planning Commission adopted the fol- lowing steps: 1. The strict application of the moratorium to this condominium project will result in practical difficulties and unnecessary hard- ships consistent with the purpose and intent of the moratorium ordinance since standards established as a result are unlikely to be applied to the project since only a ministerial action is necessary to finalize the project. 2. There are circumstances applicable to this project that do not apply to other projects affected by the moratorium since it is the only project which has an approved tentative map. 3. the granting of the variance will not be materially detrimental to the public wel- fare. • In considering this matter it was the consensus of the Commission • that, since the Final Map could be completed in the 35 days remaining before a time extension would be needed and since the acceptance of the Final Map was ministerial and not dis- cretionary, no purpose would be served by delaying the project. The applicant indicated that he had complied with all conditions imposed on the Tentative Map and was in accord with the recommendation. No one else appeared on the matter. LAWRENCE S EVENS MU Y W DEN Planning Director Cit; Man ger • • • ! • ATASCADERO PLANNING DEPARTMENT STAFF REPORT SUBJECT: Variance from Ordinance No. 17 DATE: July 7, 1980 LOCATION: 5580 Traffic Way APPLICANT: Eltinge Grinnell REQUEST: A variance from the provisions of the condominium moratorium ordinance to allow processing of a Final Map for Tract No. 726 BACKr,ROUND: 1. A letter dated June 10, 1980 was received from Glen R. Lewis, attorney for the applicant, requesting a hearing before the Planning Commission on this matter. 2. On March 21 , 1977, the County Board of Supervisors approved a Negative Declaration for the 11-unit apartment project and R761230 : 1 was subsequently approved on July 5, 1977 . The project consists of 11 two-bedroom units located on 0. 9 acres. 3. Tentative Tract No. 726 to convert the constructed units to • condominiums was recommended for approval by the Subdivision Review Board on May 2, 1978 and was approved by the County Planning Commission on June 2 , 1978 . The tract was found to be consistent with the 1968 Atascadero General Plan by the Board of Supervisors on June 19 , 1978 . 4. At the City Planning Commission meeting of February 4 , 1980 , the matter of the time extension request was referred to the City Attorney for his opinion. As a result of the City Attorney' s review, it was determined that a time extension request cannot be processed since the moratorium ordinance suspended processing for all condominium projects. Effectively, the ordinance allows equivalent number of days from November 14 (adoption date of moratorium ordinance) to December 19 (expiration date of tract approval) to be added on to the termination date of the mora- torium to allow processing of the Final Map. Mr. Grinnell has then approximately five weeks from November 10 , 1980 , within which to process his Final Map. 5. On March 10, 1980, the City Council introduced, adopted, and ordered published, Ordinance No. 17 which extended the mora- torium on the approval of permits for condominium uses, condo- minium subdivisions and condominium conversions within the City for a period of eight months (until November 10 , 1980) and declaring said ordinance to be an emergency ordinance . Ordin- ance No. 17 states as follows concerning variances: Condo Variance ReAst • July 7, 1980 Page Two "SECTION 6 . The City Council may grant a variance from the • provisions of this moratorium ordinance upon recommendation of the Planning Commission, subject to a finding of the fol- lowing: 1. That strict application of the provisions of the mora- torium to a particular condominium project would result in practical difficulties or unnecessary hardships incon- sistent with the general purposes and intent of the moratorium; 2. That there are exceptional circumstances or conditions applicable to the condominium project that do not apply generally to the other projects covered by this moratorium; and 3. That the granting of a variance would not be materially detrimental to the public welfare as defined above. STAFF ANALYSIS: The primary concern of this request is the establishment of a precedent to allow processing of final maps based on financial hardship. The applicant is provided a reasonable time period for the filing of a final map under the provisions of the moratorium ordinance as adopted. The purpose and intent of the moratorium • are clear, i .e. , that the significance of condominiums, condominium conversions and condominium subdivisions with regard to the long- range planning and maintenance of cities should not be discounted in favor of short-term economic and financial considerations . If the problems associated with condominiums were not considered serious, the moratorium approach should not have been taken. This tract is past the tentative stage meaning that the City has no discretionary approval (i .e . , ability to establish additional conditions) relative to the project unless a time extension is necessary. The current status of the project indicates that the five remaining weeks will be sufficient to obtain the ministerial approval necessary for the Final Map. Studies related to the condominium problem are generally completed but a draft ordinance has not yet been prepared. In an_y event, it seems unlikely that the product of said draft ordinance can be applied to this project unless a time extension becomes necessary. Granting of the exception should not, however, allow any additional privilege to be received by this applicant. FINDINGS: 1. The strict application of the moratorium to this condominium project will result in practical difficulties and unnecessary • hardships consistent with the purpose and intent of the mora- torium ordinance since standards established as a result are unlikely to be applied to the project since only a ministerial action is necessary to finalize the project. Condo Variance Request July 7, 1980 • Page Three 2 . There are circumstances applicable to this project that do not apply to other projects affected by the moratorium since it is the only project which has an approved tentative map. 3. The granting of the variance will not be materially detrimental to the public welfare. RECOMMENDATION: The Planning Department recommends adoption of Findings 1-3 and granting of a variance to Ordinance No. 17 for Tract No. 726 subject to the following: 1. The applicant shall submit the Final Map to the City and shall demonstrate compliance with all conditions of Tentative Tract No. 726 no later than 35 days from the date of City Council action on this request unless a time extension request has been received prior to the expiration. 2 . The discretionary action necessary for any time extension request will allow reconsideration of the factors affecting this variance to the moratorium ordinance. • Report prepared by: �- MARY RELF Associate'Planner Report reviewed by: LAWRENCE S ENS Planning D ctor kp Attach. RECEi; D JUN 1 2 1980 LEWIS & MORLAN ATTORNEYS AT LAW 4450 EL CAMINO REAL,SUITE B P.O.BOX 1166 ATASCADERO,CALIFORNIA 93422 (805)4666644 GLEN R.LEWIS THOMAS M.MORLAN June 10 , 1980 City of Atascadero Planning Department P.O. Box 747 Atascadero, CA 93422 ATTN: Lawrence Stevens RE: Condominium Conversion at 5580 Traffic Way Dear Mr. Stevens : This letter is a request to have a hearing before the City of Atas- cadero Planning Commission regarding a condominium conversion of an 11-unit apartment complex located at 5580 Traffic Way in the City of Atascadero . Although Ordinances 12 and 13 indicate that there is a moratorium on condominium conversions , Section 6 of Ordinance 12 en- acted November 14 , 1979 peVmits a variance from the moratorium ordin- ance upon recommendation of the Planning Commission. The brief background on the project is as follows : In late 1977, the apartment complex at 5580 Traffic Way was started and the owner, Mr. Eltinge Grinnell, then applied to the County of San Luis Obispo for a permit for a condominium conversion of the project. The permit was granted, and necessary steps were taken with the County to obtain the requirements for the conversion. I, as legal counsel for Mr. Grinnell, was hired in late 1978/early 1979 to process the condo- minium conversion with the necessary State and local authorities. I submitted the documents which are extremely in-depth and numerous to the State Department of Real Estate in July of 1979 , and awaited ap- proval of the CC&Rs, the only requirement remaining to be satisfied with the County of San Luis Obispo. In late October of 1979 , I con- tacted the State Department of Real Estate and was informed that they were extremely backlogged and would not be able to look at my file until late December/early January 1980 . Unfortunately, the permit under the County of San Luis Obispo was to expire December 19 , 1979 , and I needed an extension of the permit' s time until I could obtain the approval of the CC&Rs from the State of California. At this time, the City of Atas- cadero ' s four-month moratorium went into existence, and was then fol- lowed by the eight-month moratorium. The condominium project has put a grave hardship on my client in that he has had to pay out of his own pocket anywhere from $500 to $700 per month in order to keep the project going. This resulted from various City of Atascadero 40 Planning Department June 10, 1980 Page Two items which occurred, such as the slippage of the building, which re- quired additional capital by my client as well as miscellaneous items which were pure negligence on the part of the contractor, but, however, caused my client additional out-of-pocket expenses. These heavy ex- penses have resulted in my client having a negative cash flow on his apartment complex. We have completed all requirements for both State and local authorities except the recording of the final map. The ten- tative map has been approved and awaits merely the signatures of the County regarding the final map. Request is hereby made for a date before the Planning Commission as soon as possible. Respectf lly submitted, Glen R. Lewis Attorney for Eltinge Grinnell GRL: sa cc: Eltinge Grinnell � yC� , 19 /S 2 R�� j B r y \ 44 ` - r� 83NJ lvto,� 6 . 2 Al • �w r'- d/�• QN '����..'. �� I rIlk ��� q�r�?!• .f/y�� �l�•�• •�_♦Vfi��Q�11+�/yy '�y� �F� l � • . 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X756W. u„ am ice_ a f-'s ice • . o - r :- - f _ pt _ • 9 J � 3 ) 1 Li 7Z w - zLj `, 0 M_E M O_R_A_N D_U_M_ • TO: City Council FROM: City Manager SUBJECT: Dial-A-Ride bus system recommendations If you will recall, you were previously advised that the County had purchased a 16-passenger bus as a backup for the Morro Bay/ Cambria and Atascadero systems . The City' s share of the lease- purchase payment paid to the County amounts to about $400 per month. This does not include any charges for maintenance, parts , services , or overhead. In addition, this monthly _payment does not ultimately give us a title interest in the vehicle. Rather, upon completion of the lease-purchase contract, ownership of the vehicle stays with the County. Additionally, even thouah the bus was purchased as backup, there is a problem with priority as to when and if a conflict arises between Atascadero' s needs and the Morro Bay/Cambria system needs. After reviewing this situation, it is the Staff' s recommendation that the City not pay the $400 per month lease-purchase payment to the County, but rather that we enter into a lease-purchase agreement for a van which we could use as a backup for the Dial-A-Ride system • in the event of maintenance down time or, when not being used as a backup van for that system, for other City purposes. A preliminary investigation indicates that we would be able to get a three-year lease-purchase plan with the monthly payments of about $360 per month. At the end of that three-year period, the van would belong to the City. Our fiscal year 1980-81 budget provides for $400 per month to be paid to the County for the existina van. In considering the alternative, it appears that the preferred course would be for us to purchase our own van and not have to rely on the County. Accordingly, I recommend that the City Council approve the purchase of a backup van on a lease-purchase agreement at a cost no greater than that which would be paid to the County for its backup system; an amount which is already in the budget. The second item pertaining to the Dial-A-Ride bus system concerns fares . I had previously told you that the County has adopted what they call a "covey" system designed to increase the number of riders. The covey system amounts to one fare being paid for any number of persons who get on at the same point of embarkation and who get off at the same point of debarkation. This has resulted in a full capacity bus , but with only one fare being paid. In addition, I advised you that the State law governing the use of SB 325 monies . requires that at least 10% of the cost of the operation be derived from fare box revenues . Thus far, the County' s policy has not resulted in a loo return through the fare box. 0 • Memorandum - Dial-A-Ride Page Two • Accordingly, it is recommended that the existing fare , 50C for regular fares and a 25G fare for seniors , handicapped and children under forty inches tall, should be adhered to and that the covey system be eliminated. Based on the information available to us , approximately half the riders now using the Dial-A-Ride system are non-fare paying passengers . By adopting the suggestion made above, we can probably meet the 10% fare box requirement without changing the basic fare structure. If you concur with the above, two motions would be appropriate; one would be a motion which authorizes Staff to proceed with securing the backup van for the Dial-A-Ride system as long as the cost does not exceed the budaeted amount of $400 per month. The second motion would be to approve the elimination of the covey system and to main- tain a fee schedule of 50C for regular fares with 250 for seniors , handicapped and children under forty inches tall. RRAY L. WARDEN MLW: ad 7-24-80 • M E M O RAN D U M TO: City Council FROM: City Manager SUBJECT: Lease-purchase agreement for Dial-A-Ride buses Some time ago, I informed you that the two buses being used for the Dial-A-Ride system which we have inherited from the County were purchased on a County lease-purchase contract with the Bank of America at 6,% interest. The problem of trans£errincr the contract to the City still exists , because the bank will not transfer the County' s interest to us without renegotiating a new lease-purchase agreement. That new lease-purchase agreement would increase the monthly payment cost at the going interest rate. We attempted to reach an agreement with the County whereby they would bill us for the monthly charges and they in turn would pay the Bank of America, with the title remaining in the County ' s hands until such time as the lease-purchase was complete. However, by the time the County legal department got through with a proposed agreement, we would pay an overhead charge which would result in an interest rate of 94%. Thus, the cost was higher than going out and renegotiating our own lease-purchase agreement. We have gone to Mid-State Bank and asked them if they would be willing to enter into a lease-purchase agreement with us for these two vehicles . They have agreed to do so which would pay off the balance of $35 , 077. 76 £sem mss. They have agreed to a 36- month lease-purchase agreement at 8,% simple interest with monthly payments of $1, 107 . 32 mer--idle. This agreement has the prescribed municipal termination clause and funds are contained within our 1980-81 budget. The City Attorney has reviewed the agreements and has found them to be satisfactory. I , therefore, recommend that the City Council approve , by motion, our entering into a lease-purchase agreement with Mid-State Bank of Atascadero in an amount as necessary for the purchase of the two Dial-A-Ride buses , and that by the same motion, authorization be given to the City Manager to sign all necessary documents . /��� M RRAY L. WARDEN MLW:ad 7-24-80 • ! • M E M O RAN D U M • TO: City Council FROM: City Manager SUBJECT: Date to interview Parks and Recreation Advisory Board Members At the last meeting, Council chose to announce, at the July 28th meeting, a date for interviewing candidates for the Parks and Recreation Advisory Board. I had advised you that I would have a draft of an implementing ordinance available either at this or at the August 11th meeting. I will have the draft ordinance for your consideration on the 11th of August. In the meantime, it would be appropriate for you to set a date to interview the candidates whose applications have been received. Since there are 5i4ct applicants and, assuming a twenty minute per person interview time, you would have a session of four to five hours. You might wish to have two interview dates or, alternatively, consider having a screening committee composed of two Councilmen to reduce the number for final interview to a manageable number. - UR. L. S4ARDEN �j�t�L-� `� 1'7 eoy�ja7'1, MLW:ad 7-24-80 • _M_E M_O_R A_N_D_U_M_ C 3 • TO: City Council FROM: City Manager SUBJECT: Consolidated election, November 1980 At your last meeting, you were provided with a memorandum dealing with the problem of election of a City Clerk and City Treasurer or their appointment by the City Council. At that time, it was recommended that the matter be placed on the November ballot. In order to do so, the attached resolution must be passed by you tonight and forwarded to the Board of Supervisors for their approval. Recommend your adoption of the attached resolution. ;1RA7Y /Z'1 AF,DEN MLW: ad 7-24-80 • RESOLUTION NO. 17 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON NOVEMBER 4 , 1980 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY PROPOSITIONS RELATING TO WHETHER THE OFFICES OF THE CITY CLERK AND CITY TREASURER SHOULD BE APPOINTED BY THE CITY COUNCIL, AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE. The Council of the City of Atascadero does hereby resolve as follows: Section 1. A special election is called in the City of Atascadero to be held on November 4 , 1980 , for the purpose of submitting to the qualified voters of the City propositions on whether the Offices of City Clerk and City Treasurer shall be appointed by the City Council rather than elected. Said propo- sitions are authorized by the provisions of Section 36508 and 36509 of the State Government Code. The aforesaid City propositions are to appear on the ballot as follows: A. Shall the Office of City YES Clerk be appointed? NO B. Shall the Office of City YES Treasurer be appointed? NO 1 • -1- Section 2 . The Council determines that the election called for November 4 , 1980 shall be consolidated with the state- wide general election to be held on said date, and within said City the precincts , polling places, and officers of election for the special municipal election hereby called shall be the same as those provided for said statewide general election. Section 3. Pursuant to the requirements of Sections 23302 and 23306 of the State Elections Code, the Board of Supervisors of San Luis Obispo County is requested to order the consolidation of the special municipal election hereby called with said statewide general election , and said Board of Supervisors is hereby authorized to canvass the returns of said special municipal • election, and said elections shall be held in all respects as if there were only one election, and only one form of ballot , namely, the ballots used at said general election, shall be used. The Board of Supervisors is requested to certify the results of the canvass of the returns of said special municipal election to the City Council of said City which shall thereafter declare the results thereof. Section 4 . Notice of the time and place of holding the election shall be given in the time, form, and manner as required by law. Section 5. The Board of Supervisors is hereby requested to issue such instructions as may be necessary to the County Clerk • as Registrar of Voters to take any and all steps necessary for the holding of said consolidated election. -1- Section 6 . The City of Atascadero recognizes that additional costs will be incurred by the County by reason of • this consolidation and agrees to reimburse the County for any such costs . Section 7. The City Clerk of the City of Atascadero is hereby directed to file a certified copy of this resolution with the Clerk of the Board of Supervisors. Section 8 . The City Clerk shall certify to the adoption of the resolution and shall cause this resolution and his certifi- cation to be entered in the Book of Resolutions of the Council of this City. On motion by and seconded by the foregoing resolution is hereby adopted in its entirety on the following roll call vote: • AYES: NOES : ABSENT: ADOPTED: ROBERT J. WILKINS, JR. , Mayor ATTEST: MURRAY L. WARDEN, City Clerk Approved as to F m: t • ALLEN GRIMES , City Attorney -3- ORDINANCE NO. 25 • AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 1 OF TITLE 3 TO THE ATASCADERO MUNICIPAL CODE RELATING TO THE CREATION OF A SPECIAL GAS TAX IMPROVEMENT FUND. 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. Special Gas Tax Improvement Fund Section 3-1. 01. Creation of fund. To comply with the provisions of Section 2113 of Chapter 3 of Division 3 of the Streets and Highways Code of the State, there is hereby created in the City Treasury a special fund to be known as the "Special Gas Tax Improvement Fund ;. " Section 3-1. 02 . Deposits. • All moneys received by the City from the State pursuant to the provisions of the Streets and Highways Code of the State for the acquisition of real property or interests therein, or for the con- struction, maintenance, or improvement of streets or highways , other than State highways , shall be paid into the Special Gas Tax Improve- ment Fund. Section 3-1. 03 . Expenditures. All moneys in the Special Gas Tax Improvement Fund shall be expended exclusively for the purposes authorized by, and subject to, the applicable provisions of the Streets and Highways Code of the State. 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- Or lished and circulated in this City in accordance with Section 36933 6/12/80 -1- 7/3/80 7/5/80 7/9/80 ti } • ORDINANCE No. 25 of the Government Code; shall certify the adoption and posting of • this ordinance; and shall cause this ordinance and its certifica- tion, together with proof of posting, to be entered in the Book of 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 1980 , by the following vote: Ayes: Noes: Absent: . Robert J. Wilkins, Jr. , Mayor ATTEST: Murray L. Warden, City Clerk Approved as to rm: Approved as to content: 1 Allen Grimes, City Attorney Murray L. Warden, City Manager -2- ORDINANCE NO. 26 • AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING SECTION MAP 12-N-33 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY PLACING CERTAIN PROPERTIES IN THE M-1-D ZONE. THE CITY COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows: Section 1. Council Findings After conducting a public hearing, the City Council finds and determines that: (a) The proposed rezoning would be consistent with the neighboring industrial uses to the south. (b) With the recommended "D" , the proposed rezoning will provide an opportunity to ensure that the resulting development will be an attractive neighbor to adjac- ent properties and public roads. (c) The recommended rezoning is consistent with the in- dustrial designation of the site by the 1980 Atasca- dero General Plan. Based upon these findings, a change of zone from A-1 to M-1-D is approved with the "D" to mean that Departmental Review is required for all uses with particular attention to site design and environmental concerns. Section 2. Zoning Change Map 12-N-33 of the Official Zoning Maps of the City of Atascadero on file in the City Planning Department is hereby amended to reclassify the following described property from A-1 to M-1-D: Lot 28, Block X, Atascadero Colony Tract as shown on attached Exhibit "A" . Section 3. Zoning Map Map 12-N-33 of the Official Zoning Maps of the City of Atascadero on file in the City Planning Department is hereby amended as shown on attached Exhibit "A" which is hereby made a part of this ordinance by reference . Section 4. 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 L,doDti_on and • posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered in the Book of Ordinances of this City. Section 5. 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. The foregoing ordinance was introduced on and adopted at the regular meeting of the Council held on AYES: NOES: ABSENT: ROBERT J. WILKINS, Mayor ATTEST: • MURRAY L. WARDEN, City Clerk Approved as form: a ALLEN GRIMES, City Attorney 2b N x \\@o M - 1 - D Na (Light Industrial - l �N\ Designed Development) \� A St.2� o 5 .34 �\ 14.11 � -,4 L '•1 EXHIBIT A ORDINANCE NO. 26 Z 800325 : 1 A-1 to M-1-D with the "D" to mean that Departmental Review is required for all uses with particular atten- tion to site design and en- vironmental concerns . M_E M_O_R A N_D U M_ l • TO: City Council FROM: City Manager SUBJECT: Weed Abatement Under existing Fire District procedures for handling weed abatement costs , the City Council must have a hearing to consider any protests as to the costs of assigning weed abatement charges prior to these charges being forwarded to the County Assessor' s office for placement on the tax rolls for this year' s taxes . These charges must be in the hands of the County Assessor no later than August 10th in order to be included in this year' s tax bill. Your purpose in holding a hearing is to receive and consider any objections by any property owner who may be liable for assessment of weed abatement costs . After hearing objections , the Council can make whatever modifications they deem necessary to adjust the inequities that may be determined to exist. It should be noted that weed abatement costs are borne by the concerned property owner and not by the Fire District or by the City. The process involves a private contractor . who has done the mowing after the affected property owner had been notified as to the need to abate the fire hazard. If, after hearing the objections of any person concerned, the Council wishes to change those costs , they should note that fact and then make provisions for paying for the difference in costs. If the Council approves the abatement costs , then passage of the attached resolution would be appropriate so that the assessment amounts may be placed on the tax roll and forwarded to the County Assessor to have that accomplished. VRRA7WARDEN DILW:ad 7-24-80 • RESOLUTION NO. 16-80 A RESOLUTION CONFIRMING THE REPORT OF COSTS OF • WEED ABATEMENT WHEREAS, the Health and Safety Code of the State of California, Section 14875 , et. seq, provides that Fire Districts may declare weeds a public nuisance for the purpose of Weed Abatement; and WHEREAS, the Atascadero Fire Department did abate said nuisance within the provisions of the Health and Safety Code, Part 5 , Division 12 , and the Government Code Chapter 13, Part 2 ; and WHEREAS, the costs for the work of abatement as shown on Exhibit A was submitted in accordance with the Health and Safety Code Section 14905 and Government Code Section 39574 ; and WHEREAS, the Council of the City of Atascadero did receive the cost report and hold a hearing for receiving any objections of any property owners liable to be assessed for the work of abatement. NOW, THEREFORE, BE IT RESOLVED that the report of abatement costs is confirmed as (presented or modified) ; and BE IT FURTHER RESOLVED that the costs of abatement shall be a lein on the property in accordance with Health and Safety Code . Section 14912 and Government Code Section 39577 . 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: ADOPTED: ROBERT J. WILKINS, JR. , Player ATTEST: APPROVED AS T FORM: MURRAY L. WARDEN, City Clerk ALLEN GRIMES, City Attorney • 7/-q ?3 /- C '3 �$¢ 00 �3! _ 2-bi - ? 3 *S4' o D U3/ Uq3 '/ S � D � as x31 _241 - 1 ► - 5� ° o 63/ - Qs/ - 5/ _ 5 � oo 03/ _24-/ - /V- v3/ _ ase;s s _ 665 71. a O Q3! 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Q�.Q Nom_ — �°°""``�t- ���fl Q�•� 33. 663 03l - 302 - / 7 _ � V, ��./G3 - � s - �� � , 'o -2�5-4. ao ag9`/� 3 3 a o o3 _ 3�I - oa - 0r�. d *33, o �9-�' /� 3 - 3�- ' ao 031 _ 2 yx, o•o a �q _/6a '�z $33- 00 4� � ao d � J� 3 - 3 _ 33. 0o 0� 1 �i� 07 - d 03i - 331 _ oi _ �33. ao O¢q_/� 3 -7 ? $ 5- 08 c7 O 4L1 03� _ 3�}i - v7 -`�33• o ffi 3' o 0 _ 3 LIX33 Q O � � 2o/ _ 3 d 0 oS _ �64 0 o � 4q- _�5= 0 �' - �O/ � 3 • QD o3 / _ �� 0 � 9 4 / f -d6- 10 CT CT // 2 - Oa D _ 33. 0f9 " 1 � / ' X300 - 2/! -�� 27. 00 9 -0333 a - 38/ 7 poS �9 _ /5-/ _ _�s� 3, ao G i �. o f / S - eF_ 4 _ & o-6 _ OD 133, 0 0 • M E M O R A N D U M • TO: City Council FROM: City Manager SUBJECT: Transfer of Fire District liabilities and assets Attached is a memo from the Finance Director concerning out- standing Fire District bills which we must pay. His memo explains that the reasons for the bills being presented to us rather than having been paid prior to July 1st. It is my understanding that the County did not adequately explain to the Fire District people how they should terminate their obligations . Because the District was on a cash accounting system, their payments authority expired on June 30 , 1980. In addition to the $17, 401. 69 figure, there are two outstanding warrants , #1128 and 1130 , which will add another approximately $2 , 700 which will give a total of $20 , 171 . 87 . As noted by the Finance Director, we will be receiving approximately $105 ,000 , the amount left in the Atascadero Fire Protection District Account. We understand that the Accounts Receivable will have to be examined to determine the feasibility of recovering all or a Portion of the out- standing receivables , some of which are three years old, • With regard to the warrants #1065 and 1079 , the City Attorney may have some observations to make concerning these items. From a practical standpoint, I find it somewhat cumbersome to avoid paying these bills. I feel that we should receive the benefit of the attorney services if his fees are paid by the City. I wonder if that particular bill is entirely legal since I have, as yet, been unable to find a Board action authorizing the expenditure. Addi- tionally, it is my understanding that the need to retain an attorney is itself questionable. As to the appreciation dinner, it may be considered un- desirable to pay for such an event, but I doubt if it can be asserted that it was an illegal expenditure. However, I would have to concur with the Finance Director that the difficulty arises from the fact that the services were rendered after the Fire Board' s authority had ended. I would repeat, however, that from a practical standpoint, it is difficult to ignore these obligations . It should be noted that upon payment of these bills , that the Fire District will have transferred approximately $85 ,000 to the City from its current assets. //� R�J DEN MLW: � 7-24-80 _M_E M_O_R A_N_D_U M_ TO: City Manager • FROM: Finance Director SUBJECT: Fire District Liabilities and Assets , Fiscal Year 1979-80 On July 24 , 1980 , the County transferred the total assets of the former Atascadero Fire Protection District to the City, $105 , 318. 81 . In addition, Accounts Receivables dating back to 1977 for a total of $1,726 . 66 , have been transferred to the City. Attached is a list of closing expenditures for Fiscal Year 1979-80 totaling $17 , 401. 69. The District was under the assmption that the County would honor warrants issued by the Board of Directors on June 30 , 1980 , and any followup bills received through July 25 , 1980 . The County returned all warrants approved on June 30 , 1980 with the explanation that as they were on a cash basis , therefore, no checks would be issued if the warrants were received after June 30 , 1980 . Consequently, we have received the total assets and lia- bilities for processing and payment becomes the responsibility of the City. The attached list contains a complete listing of warrants issued by the District. Warrant Authorization Number 1056 through 1079 were approved by the District Board on June 30 , 1980 . Warrant Number 1080 through 1127 and 1129 have been authenticated by the Fire Chief. Warrants Numbers 1128 and 1130 will be brought to Council • at a future date once the items are received. Warrant Number 1120 was voided as the expenditure was also listed as Warrant Number 1065. Your attention is invited to Warrants Number 1065 and 1079 . Warrant Number 1065 is for attorney services provided to the Board of Directors or members thereof. It is recommended that the City receive a product of these services , i .e. , copies of referenced memo' s , etc. , prior to paying this Bill for Services . Warrant Number 1079 is for a Dinner of Appreciation which , according to dates indi- cated on the Statement, was contracted for on June 19 , 1980 and the Warrant was signed by the Board on June 30 , 1980 . The dinner, i.e. , services purchased, was not received until July 1, 1980 , one day after the District was dissolved. It is recommended that this statement not be honored as this service did, in fact, occur in Fiscal Year 1980-81 . RALPH H. DOWELL, JR. RHD:ad 7-24-80 • t . X11 • _ N� � HIIIIII®NIIII�! - NOME mein X11111 1A�9 . 1■SME Milli �IN�I�.�! _: . _ .SII ... ' �■llllll _- . ■111' '■!�llf _ llwlNl.'1 ■IiNI 1 21 fa 23 ■111111 - ,. 1� - ,��. y .., N■11 1!■ lel■Iln�� 11�-- �' ��i. 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IIII NONNI IIIN 1■ lull Inw■I�■www■I■wln■I■1��■■IWU �I■111n■I�lUlll■.■Ww . uu®® ■111■I■IIIIU�UIIII ■ �lUluN®w■�UII 1w■ww�■IUW ■ mlUww®■w■�1■i■111111�■n1111 w■■wlll■I■Illlu■i■Ilul nlw w111■■wU1u■ww■I■ Iw■MIN ■I■UIIII I1 wNNwvNI■www■wlu . ■■ Iliw w■I■ww■I■w111�■Iu ■I wwuww■■ww■�IIIIn�Nw ■Iliw■I■wlllwlUill■I■ww■I■111111 wwuul■wluwunlw�wu 10nlm�min M_E M O_R A N_D U_M_ • TO: City Council FROM: City Manager SUBJECT: Bid No. Public Works 80-6 We have received four proposals for the maintenance of the grounds around the Administration Building and Sunken Gardens. The low bid was in the amount of $8 , 875 and the high bid in the amount of $16,620. The low bidder, Robert J. Moore, has complied with all of the provisions of our request for proposals . Accordingly, it is recommended that you approve , by motion, the awarding of Public Works Bid 80=6 in the amount of $8 , 875 to Robert J. Moore of Atascadero. This will be for one year mainten- ance contract for watering and mowing the grounds. At this time, • it is anticipated that the funds will be taken from Account No. 01-4404-301 which is the capital outlay account for the automatic irrigation system for the Sunken Gardens. If the amount budgeted for the irrigation system proves to be short by this amount, then we will have to ask for a transfer from reserve or else split the construction portion of the contract between this and next fiscal year. In the meantime, recommend that you approve the award to Robert J. Moore. MU Y IARDEN4 MLW:ad 7-23-80 • M E M 0 ,R (A N D U M T0: Murray Warden �/Y!J -- FROM: Larry McPherson SUBJECT: Vehicle Bids Recommendation It is recommended that the City Council approve the following Vehicle Bids : Bid No. 80-5 Item 1 $8 ,282 . 42 2 7 ,661. 09 Bid No. 80-7 6 , 801.51 Bid No. 80-8 8 , 912. 32 The low bid is from Pete Johnston Chevrolet for two medium size pickups and two full size pickups. Background • Attached to this memo is a Bid Summary listing all bids received and a total low bid. Following is a listing showing the budget accounts being used for the vehicle acquisitions under these bids : Bid No. 80-5 Item 1 is a small 4-wheel drive pickup truck to be used by the Planning Department for building inspection and site investigations. Of the total bid of $8 ,282 . 47 , $7, 500 is from account 01-4110-311, pickup truck , while the balance comes from contingency reserves . Item 2 is a full size pickup to be used as a crew and utility vehicle in the Public Works - Streets Division. Of the total bid of $7 ,661. 09 , $5 , 500 comes from account 01-4402-305 , pickup truck , while the balance comes from account 01-4402-310 , front end loader rental. Bid No. 80-7 Item 1 is a small pickup truck to be used by the Public Works Super- intendent. Of the total bid of $6 , 801 . 51 , $5 ,500 comes from account 01-4402-305 , pickup truck , while the balance comes from account 01- 4402-310 , front end loader rental. • • Bid No. 80-8 Item 1 is a 3/4 ton pickup truck with lift bed and electric winch • to be used for park and zoo maintenance. Of the total bid of $8 , 912 . 32 , $7 , 000 comes from account 01-4404-302 , pickup truck w/winch , while the balance is recommended to come from contingency reserves. Vehicle prices for bid preparation were obtained this spring from local dealerships. The prices were given inflation factors , however, prices for vehicles have gone up substantially beyond the inflation factors that were used. Inthe case of the park vehicle, it was planned to use the 1973 Dodge pickup as a tradein to offset the purchase price. That truck was destroyed by fire at the end of June and the result was that it now has no salvage value. /W-RENCE McPHERSON RALPH H. DOWELL, JR. 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