HomeMy WebLinkAboutAgenda Packet 06/23/1980 • •
AGENDA - ATASCADERO CITY COUNCIL
Regular Meeting
June 23 , 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 Con-
sent Calendar and will be considered separately. Vote may be by
roll call.
A. CONSENT CALENDAR
1. Minutes of the regular meeting of June 9 , 1980 (RECOMMEND
APPROVAL)
2. Treasurer's Report, 5-21-80 to 6-13-80 (RECOMMEND APPROVAL)
3. Correspondence (RECOMMEND ITEM BE RECEIVED AND FILED)
4. Parcel Map AT 79-116 - Gosselin (Hilliard) (RECOMMEND
APPROVAL OF PLANNING COM1MISSION RECOMMENDATIONS)
5. Amicus participation with City of Chino vs. State Compensa-
tion Insurance Fund re: Labor Code Section 4850 (RECOMMEND
APPROVAL)
6. Amicus participation with Taxpayers ' Assn, vs. San Joaquin
Local Health District re: fees (RECOMMEND APPROVAL)
7. City Attorney Report No. 5 (RECOMMEND ACCEPTANCE AND FILE)
B. HEARINGS, APPEARANCES AND REPORTS
1. Report regarding Administration Building renovation;
Children's Library relocation
2. Public hearing and adoption of 1980/81 Final Budget
including Revenue Sharing allocations
3. Report by City Manager on the County/City property transfer
4. Report by City Manager on Paso Robles/Atascadero joint
recreation programs
5. Report by City Manager regarding Fire District Memoranda of
Understanding.
C. UNFINISHED BUSINESS
1. Consideration of establishing Recreation Committee
Councilman Nelson
2. Consideration of Police Communications Lease Agreement
3. CO 79-91, proposed lot division of Lot 27, Block 47 ,
Atascadero Colony, San Fernando Road - Aggson/Vreeken
AGENDA - ATASCADERO CITY COUNCIL
Regular Meeting June 23 , 1980
Page Two
D. NEW BUSINESS
1. Council election of Mayor and Mayor Pro Tem
2 . Ordinance No. 24 , Personnel Ordinance - first reading
3. Health officer Services Contract with Countv Health Department
4. Continuing Fire Department Mutual Aid Agreements
5. Resolution No. 10-80 adopting a Conflict of Interests Code
for Designated Employees
6. Consideration of Dial-A-Ride Service Contract
E. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council
2 . City Attorney
3. City Manager
• • Rt
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting
June 9 , 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 Tom Sebens from the Atascadero
Christian Church gave the invocation.
ROLL CALL
PRESENT: Councilmen Highland, Nelson, Stover and Mayor Wilkins
ABSENT: Councilman Mackey
PUBLIC COMMENT
None
A. CONSENT CALENDAR
1. Minutes of the regular meeting of May 27 , 1980 (RECOMMEND
APPROVAL)
2. Approval of paying invoice from Danial J. Stewart & Assoc.
for pre-incorporation mapping and descriptions in the
amount of $4 ,526 . 94 (RECOMMEND APPROVAL)
3. Request of Douglas R. Lewis to include public comfort
facility expenditure in 1980-81 budget (RECOMMEND ITEM
BE DEFERRED TO June 23, 1980 BUDGET HEARING)
4. AL 80-13, proposed lot line adjustment of portions of Lot 9 ,
Block 4 , Atascadero Colony, Portola Road - Miller (Hilliard)
(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
5. AL 80-16 , proposed lot line adjustment of Lot 1, Block 45 ,
Atascadero Colony and Parcel B of CO 67-33 , Balboa and San
Fernando Roads - Hope (Stewart) (RECOM11END APPROVAL OF
PLANNING COMMISSION RECOMMENDATION)
6. AL 80-14 , proposed lot line adjustment of Lots 221 and 223,
Block NC, Atascadero Colony, El Verano and Curvado -
Atascadero Mutual Water Company (Stewart) (RECOMMEND APPROVAL
OF PLANNING COMMISSION RECOMMENDATION)
7. CO 69-91, proposed lot division of Lot 27 , Block 47 ,
Atascadero Colony, San Fernando Road - Aggson/Vreeken
(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
8. CO 78-121, proposed lot division of Lot 10 , Block 33 ,
Atascadero Colony, San Gabriel Road - Lewis (Hilliard)
(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
9 . AT 78-107 , proposed lot division of Lot 18 , Block 33,
Atascadero Colony, San Gabriel Road - Davis (Hilliard)
(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
10. AT 79-265 , proposed lot division of a portion of Lot 1 ,
Block JB and Lot 5 , Block GB, Atascadero Colony, Vega Avenue -
Heath/Rehbock (Hilliard) (RECOMMEND APPROVAL OF PLANNING
COMMISSION RECOMMENDATION)
11. Acceptance of Parcel Map AT 79-139 - Hartman (Bray)
(RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION)
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting June 9 , 1980
Page Two
Mayor Wilkins reviewed the items on the Consent Calendar.
Mr. Warden requested that Item A-7 be withdrawn; it will be scheduled
for the next meeting.
MOTION: Councilman Nelson moved for the approval of the
Consent Calendar with the exception of Item A-7.
The motion was seconded by Councilman Highland and
unanimously carried by roll call vote.
B. HEARINGS, APPEARANCES AND REPORTS
1. Appearance of representatives of citizens ' committee to
retain present location of Children ' s Library
Charlotte Byrne, Donna Porter, Debbie Vial, Louise Hellerman,
Lynn Ayres , Leslie Cannon, Ellen Baer, and Marilyn Brown made pre-
sentations regarding this matter. They were all in favor of re-
taining the Children' s Library in its present location and expressed
their concerns as to the costs of relocating the Children ' s Library
particularly since it had been remodeled approximately four years
ago. They felt that the City Offices would be more appropriately
located at the Palma entrance of the Administration Building since
that is the front of the Building. They presented a sketch which
provided their view as to how City Offices could be arranged at the
Palma Street entrance. They also presented a petition signed by
approximately 3 ,000 people supporting their request to retain the
Children' s Library in its present location.
Questions from Council members were directed to the County
Library Director Dale Perkins and Kent Taylor from the County Adminis-
trative Office.
Council asked Staff to review the alternative presented by the
citizens group and to develop cost estimates for locating the City
Offices in the front part of the Building. It was noted that this
matter would be reconsidered at the next meeting, June 23rd. Ms . Byrne
asked that some of the citizens be included in the Staff meetings
discussing this matter.
RECESS: 8:25 p.m. RECONVENED: 8: 32 p.m.
C. UNFINISHED BUSINESS
1. Ordinance No. 22 amending the zoning map by placing certain
properties in the C-2-D zone - second reading
MOTION: Councilman Highland moved that Ordinance No. 22 be read
by title only. The motion was seconded by Councilman
Nelson and unanimously carried.
qW
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting June 9 , 1980
Page Three
Mayor Wilkins read Ordinance No. 22 by title only.
MOTION: Councilman Highland moved for the adoption of Ordinance
No. 22. The motion was seconded by Councilman Nelson
and unanimously carried by roll call vote.
2 . Ordinance No. 23 establishing a Police Department and
creating the office of Chief of Police - second reading
MOTION: Councilman Highland moved that Ordinance No. 23 be read
by title only. The motion was seconded by Councilman
Stover and unanimously carried.
Mayor Wilkins read Ordinance No. 23 by title only.
MOTION: Councilman Highland moved for the adoption of Ordinance
No. 23. The motion was seconded by Councilman Nelson
and unanimously carried by roll call vote.
D. NEW BUSINESS
1. Consideration of Handicapped Transportation Joint Powers
Agreement
Mr. Warden reviewed the Agreement which the cities in the County
and the County have entered into to provide transportation for the
handicapped. The purpose of this system is to help handicapped
persons secure medical, legal, or other needs requiring transporta-
tion. There was discussion among Council regarding the low participa-
tion from Atascadero; Council felt that the costs of the system should
be apportioned on the basis of use rather than population and instructed
Councilman Stover to voice this opinion at the Area Council meeting.
Mr. Warden reminded the Council that the SB 325 funds were apportioned
to the cities according to population ratios.
MOTION: Councilman Highland moved that Council adopt the JPA
as written but defer the decision of allocation of monies
until the budget hearing; and instruct Councilman Stover
to pursue the concept of payment on the basis of use.
The motion was seconded by Councilman Nelson and unani-
mously carried.
2. Resolution No. 9-90 establishing business license fees
Mr. Warden stated that the proposed fees were as adopted by the
County Board of Supervisors and this resolution would enable the
City to continue to charge those fees when it takes over the business
license function this month.
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting June 9 , 1980
Page Four
MOTION: Councilman Nelson moved for the adoption of Resolution
No. 9-80 . The motion was seconded by Councilman
Highland and unanimously carried by roll call vote.
E. INDIVIDUAL DETERMINATION AND/OR ACTION
1. City Council
(a) Councilman Nelson noted that there were five names
that had been submitted for consideration as a
Recreation Committee. He suggested that a committee be formed to
include a Council member and a Staff person to start working on
recreation and the proposed Paso Robles/Atascadero joint programs .
Mayor Wilkins asked Councilman Nelson to secure the names of the
individuals and bring it up at the next meeting. Mr. Warden asked
Council members to be thinking about developing goals and objectives
for the committee as well as the life span of the committee. He also
suggested consideration be given to developing a Recreation Commission
along with any appropriate ordinance.
(b) Councilman Stover advised that the Area Council
meeting would be held in San Luis Obispo on Tuesday,
June 10th at 1: 30 p.m. and invited those interested to attend.
(c) Mayor Wilkins commented on the memo from the City
Attorney asking if Council members found his reports
to be of value. Mayor Wilkins stated that they were informative
and requested that he continue with them. Council agreed.
2. City Attorney
Mr. Grimes had nothing to report,
3. City Manager
(a) Mr. Warden reminded the Council of the League of
California Cities Channel Counties Division meeting
in Lompoc on Friday, June 13 , 1980 . _
(b) Mr. Warden stated that Council was in receipt of a
resolution from the City of Grover City recommending
support of legislation providing ciites with the option of consoli-
dating their general municipal elections with the June statewide
elections.
MOTION: Councilman Highland moved that Atascadero support Grover
City ' s position on this matter. The motion was seconded
by Councilman Stover and unanimously carried.
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting June 9, 1980
Page Five
Mayor Wilkins stated that he would convey the Council 's deter-
mination to the cities of the Channel Counties Division at their
next meeting.
(c) Mr. Warden stated that he would like clarification
as to the Council' s approval of the JPA for the
Cities and County Area Planning and Coordinating Council. He under-
stood that it was their intent that the agreement and amendments be
approved except for the name; the Council wishing retention of the
name San Luis Obispo County Area Council of Governments , but did
not want the name SLO COG. Council agreed.
(d) Mr. Warden advised that five sergeants and ten officers
had been hired for the Police Department, most of
them to start by mid-June. Two more officer candidates were being
checked out.
(e) Mr. Warden advised that the costs for bonding the
City employees were as follows:
Honesty Blanket Position Bond
$5 ,000 per employee $ 210 . 00
City Manager $25, 000 70. 00
(If $100 ,000 , add $262)
Finance Director 225. 00
(If $100 ,000 , add $225)
TOTAL $ 505. 00
Add 25% for Insuring Agreement and
Faithful Performance Blanket 126. 00
TOTAL $ 631. 00
For Finance Director at $100, 000 TOTAL $ 931. 00
For Finance Director and City
Manager at $100 ,000 TOTAL $1, 240. 00
Mr. Grimes advised that State law says that Council shall pass
a resolution to provide for surety bonds ; it does not cover the area
of self-insurance.
MOTION: Councilman Highland moved that Council adopt a surety
bond at $5 ,000 per employee , $25 , 000 for City Manager,
and $50 ,000 for Finance Director and the blanket faith-
ful performance bond; and that Staff be directed to
prepare a rsolution regarding same. The motion was
seconded by Councilman Nelson and unanimously carried.
J
MINUTES - ATASCADERO CITY COUNCIL
Regular Meeting June 9 , 1980
Page Six
The meeting adjourned at 9 :10 p.m.
Recorded by:
MURRAY L. WARDEN, City Clerk
By: ARDITH DAVIS
Deputy City Clerk
CITY OF ATASCADERO
TREASURER'S REPORT
May 21, 1980 through June 13 , 1980
Balance as of 5/20/80 $ 16 ,113. 32
Receivables :
Per attached deposit listing 103 ,617 . 48
Payables:
Per attached Warrant Registers (106 ,100. 55)
Balance as of 6/13/80 $ 13 , 630 . 25
Other Funds:
Petty Cash $ 38 . 36
Local Agency Investment Fund,
State of California 465 ,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 $778 , 668 . 61
DEPOSIT LISTING
May 21, 1980 through June 13, 1980
Date Source Amount
5/27 LAIF - Mid-State Deposit $ 50 , 000 . 00
5/29 Planning Dept. - Permits 808 . 49
6/4 SLO Co. - Revenue (5/80) 11 ,553 . 50
6/5 Title Ins. & Trust Co. - Escrow Refund 62 . 00
6/6 LAIF - Mid-State Deposit 10 , 000 . 00
6/6 Planning Dept. - Permits 1 ,224 . 80
6/10 Morro Bay - Data Service Refund 76 . 37
6/10 State of CA - Motor Vehicle "In Lieu" 29 , 057. 01
(5/80)
6/13 Planning Dept. - Permits 835 . 31
Total $103 ,617 . 48
ATASCn'—FRO PAGE NO. 1
DEMAND/WARRANT REGISTER NO. 60-112 DATE OS/3G/fi0
PAYEE WARRANTCHECK
VOUCHER DETAIL OF DEMANDS PRESENTED WRITTEN
NO,
DESCRIPTION ACCOUNT CHG'D INV NO, AMOUNT NO, AMOUNT
ARROV+HEAD OPINKINIP 4eATER
+66 t-iAY CHARGES—I+ATER 01-4102-210 12.76 2070 12 .76
TASCADERO NEIvS
, 165 LEGAL AD F-599 01-4102-247 7 .35
' '65 LEGAL AD F-592 , 3, 4, 5 01-4102-247 37 . 38
X65 LEGAL F-591 01-4102-247 3.57 2071 48.30
j64 ADVAwCE—UISPATCHER '81CNOOL01-4201-236 600.00 P1478 600 .00
COOPERATIVE PERSON'tVEL SERVIC
165 TESTING BOOKS 01-4102-210 176.57 2072 176.57
t'ICHAEL COULTER
63 RELOCATIJNG CITY OFFICES 01 -4401-300 33.75 P1473 33.75
DAL CAUDILL
165 DESK & LOCKS 01-4201-308 279.69 2073 279.69
CHANNEL PAPER CO
'66 COPIER PAPER 01-4102-208 98557 204.95 2074 204 .95
DAILY PRESS
;65 ADS 01-4102-247 88.00 2071 88 .00
ALLEN, GRI'IES
166 CCIrFEF:E! CE TAPES 01-4103-206 41 .00
'bb REPORTER 'S TF.ANSCRIPT 01-4103-225 80 .00 207E 121 . 00
ALEXA"DER GRA;jT & CO
165 COv.PUTER SERVICES — APRI 01-4301-239 05069 250.00 2077 250 .00
INT 'L BUSItESS PACHItES COR
'66 TYPEiitiRITtR SUIPPLIE5 01-4106-210 PI,559" 132.50
ATASCADERO
PAGE NO. 2
DEMAND/WARRANT REGISTER NO. SU-112 DATE 05/30/80
PAYEE WARRANT CHECK
OUCHEF DETAIL OF DEMANDS PRESENTED WRITTEN
NO.
DESCRIPTION ACCOUNT CHG'D INV NO AMOUNT NO. AMOUNT
66 TYPE4RITEP PEMTAL 01-4106-302 Yi+,0532 63.60 2078 68 ,90
i
IJSTITUTE FOR LOCAL SELF GOV
65 PUBLICATIONS 01-4102-210 5u29 26.50 2079 26,50
65 AD - Los F�ro,V, ;iMFc 01-4102-247 001143 38.94 208 . 38 ,94
NARJC'RIE E nIACKEY
65 COHFEREIdCE EXPENSES 01-4101-206 88.61 2081 88,61
RICHARD H y..0 HALE
65 CONFERENCE EXPENSES 01-4201-206 78.41 208z 78 .41
MC NANARA ELECTPIC
66 I'N'STALL COPIER CIRCUIT 01-4102-208 226,57 2083 226.57
PACIFIC GAS & ELECTRIC
64 STREET LIGHTS 01-4103-227 1645. 13-
64 STREET LIGHTS 01-4301-227 1643. 13 1210 .00
PETTY CASH - CITY TREASURER
63 MAYORS CONFERENCE 01-4101-206 14.53
'63 UPS-CCkIPUTER SERVICE 01 -4102-204 3.07
63 PETITIOi- SIrwATURE EXPE"A01-4102-206 7 . 36
163 BUG SFRAY 01-4102-210 3 . 17
63 EXTENSION CORDS Oi -41G6-210 3.50
64 POSTAGE= l'1-4201 -204 . 13
63 DISPATCHE2S CW FERE(vCE 01 -42u1-2206 9.95 P1477 42 .01
PERRY A RING, INC
65 BUILDIfG-ELEC ENGIr�EER 01-4107-301 3267 .50 2084 3267 .50
NILLIAM H STOVER
65 COr;FEnEtjCF EXPE -SES 01-4101-206 127 .32 208_ 127 .322
ATASCADERO PAGE NO. 3
DEMAND/WAR RANT REGISTER NO. 80-112 DATE 05/30/80
PAYEE WARRANTCHECK
'OUNER DETAIL OF DEMANDS PRESENTED WRITTEN
NO.
DESCRIPTION ACCOUNTCHG'O INV.NO. AMOUNT NO. AMOUNT
KEVIN STARoUCK
63 RELOCATIiNG CITY OFFICES 01-4401-300 33.75 P1472 33.75
SAN LUIS OBISPO CO-TECH SVCS
65 COMPUTER BILLING 01-4301-239 126.92
65 COMPUTER BILLING 01-4301 -239 102.20 2086 229 . 12
U S POST OFFICE
63 POSTAGE 01-4102-204 75.00 P146q 75.00
WESTERN OFFICE PRODUCTS INC
66 OFFICE SUPPLIES 01-4102-212 126.33
66 OFFICE SUPPLIES 01-4106-212 112.86
66 OFFICE SUPPLIES 01-4116-212 2. 15
66 OFFICE SUPPLIES 01 -4201 -212 162.69
66 OFFICE FURNITURE 01-4401-303 594.92
bb OFFICE FURNITURE 01-4401 -304 342.00
57 OFFICE FURNITURE 01-4401 -06 594 .07 2087 1935.22
MURRAY L WARDEN
66 CONFERENCE EXPENSES 01-4102-206 171 .94 208E 171 .94
MURRAY L WARDED:
63 CAN ALL06AiNCE 01 -4102-201 150.00 P1476 150.00
WIDDICO, INC
66 POLICE EQUIPMENT 01-4201-242 o17574 73. 19 208 . 73. 19
BETTY GRAVES
63 PETITION SIGMATURES 01-4103-225 40.00 P1467 40 .00
THELMA ISOLA
63 PETITION SIGNATURES 01-4103-225 40. 00 P146 40 . 00
ATASCAGERO PAGE NO. 4
DEMAND/WARRANT REGISTER NO. 80-112 DATE 05/30/80
PAYEE
OUCHEH DETAIL OF DEMANDS PRESENTED WARRANT CHECK
NO. WRITTEN
DESCRIRTION ACCOUNT CHG'D INV.NO. AMOUNT NO, AMOUNT
EETTY O 'CONi'ON
63 PETITION SIGNATURES 01 -4103-225 40 . 00 P1469 40.00
ANNE MAC ARTHUR
63 PETITION SIG;gATURES OI -4103-225 40.00 P1970 40. 00
LINDA CRA'nFORD
63 PETITION SIGNATURES 01 -4103-225 25.00 P1471 25.00
PAYROLL
26 NET PAYROLL 5-21-80 01-4102-101 1060. 13
26 NET PAYROLL 5-21-80 01-4106-101 905. 95
26 NET PAYROLL 5-21-80 01-4110-101 1330. 58
26 NET PAYROLL 5-21-80 01-4201-101 1152 . 46
26 NET PAYROLL 5-21-80 01-4401-101 732 . 65 0000 5181. 77
WRITTEN 7513 . 49
PREPAID 6301 . 28
_ ACCRUED . 00
TOTAL 13814 . 7
RECAP BY FUND PRE—PAID WRITTEN
FUND 01 6301. 28 7513 . 4
ATA5CADERO PAGE NO. 1
DEMAND/WARRANT REGISTER NO. 80- 121 DATE 66/ 13/80
PAYEE WARRANT CHECK
IOUCHER DETAIL OF DEMANDS PRESENTED WRITTEN
NO.
DESCFIPTICN ACCOUNTCHG'D INV.NO. AMOUNT NO. AMOUNT
RRONHEAD DRINKING NATER
30 NATER 01-4102-210 650019 19.62 2108 19 .62 !
TASCADERO NEWS
30 ADS 1-4102-247 27 .72 2109 27 .72
AY TYPEVIRITER
30 CALCULATOR RIBBONS 01-4106-210 18289 47 .70 2110 47 .70
8 B BLUEPRINTING
30 COPIES 01-4110-208 0962 35.20 2111 35.20
SANDRA J BARTELT
30 CONFERENCE EXPENSES 01-4201-203 18. 13 2112 18. 13
BUREAU OF IDENTIFICATION
28 DISPATCHERS FINGERPRINTS 01-4201-210 30.50 P1484 30 .50
DAILY PRESS
3U ADS 01-4102-247 62.40 2113 62 .40
RALPH H 00'AELL JR
30 MILEAGE 01 -4106-203 61 .20 2114 61 .20
ENTENNANN-ROVIN CO
30 POLICE BADGES 01 -4201-205 U5272 1107 .03 2115 1107 .03
F MORTON PITT CO
30 POLICE EQUIP A SUPPLIES 01-4201-302 5495.04
31 POLICE EQUIP R SUPPLIES 01-4201-304 1511 . 93
31 POLICE EQUIP & SUPPLIES 01-4201-305 1377 .65
30 POLICE EQUIP 8 SUPPLIES 01-4201-306 434 . 34 2116 9318 .96
ALLEN GRIAES
30 CONTRACT SERVICES 01-4103-224 1470 . 00
ATASCADERO PAGE NO. 2
DEMAND/WARRANT REGISTER NO. 80-121 DATE 06/ 13/80
PAYEE
TUCHER DETAIL OF DEMANDS PRESENTED WARWR WRITTEN N0.
DESCRIPTION ACCOUNTCHG'D INV,NO, AMOUNT NO. AMOUNT
30 LEGAL SERVICES I1-4103-225 422.50 2117 1892.50
INT 'L BUSINESS MACHINES CORP
57 COPIER 5/19 — 6/30 D1-4102-208 J38225 1357 .56
57 TONER FOR COPIER I01 -4102-208 : XY923 76. 32
57 TYPE'ARITER RENTAL 01-4106-302 30061 63. 60
57 TRANSPARENCIES 01 -4110-210 3X2662 61 . 48
57 TYPENRITER SUPPLIES 01-4401-212 aZ6343 37 . 18 2118 1596. 14
& F LEASING
57 DICTAPHOiNE LEASES 01-4102-302 456 105.80 2119 105 . 80
CITY OF LOMPOC
28 LOCC CONF EXPENSE 01-4101-206 16. 00 P1486 16 . 00
LAWRENCE R MC PHERSON
57 MAY MILEAGE 01 -4401-203 64.60 2120 64 .60
MID—STATE BANK
27 TITLE INS 4 TRUST—ESCROW 01 -4301-254 50100 .00 P1479 50100.00
28 FWH 5/17 - 5/30/80 01-4102-101 298.59
29 F4^1H 5/17 - 5/30/80 01 -4106-101 182.49
29 FwH 5/17 - 5/30/90 01 -4110-101 321 .80 -
29 FWH 5/ 17 - 5/30/80 01 -4201 -101 387 .56
29 FWH 5/17 - 5/30/80 01 -4401-101 209.01 P1489 1399 .45
MC NAMARA ELECTRIC
30 ELECTRICAL—POLICE DEPT 01 -4201 -303 2124 .57 2121 2124 .57
PACIFIC GAS 8 ELECTRIC
57 STREET LIGHTS — MAY 01 -4301-227 1895.33
57 iVORK AGREEMENT 01 -4301-227 1638.00 2122 3533 .33
PACIFIC TELEPHONE
57 PHONE CHARGES - NtAY 01-4201-228 578.47 2123 578 .47
ATASCADERO PAGE NO. 3
DEMAND/WARRANT REGISTER NO. 80-121 DATE 06/ 13/80
PAYEE WARRANT CHECK
OUN0.C HER DETAIL OF DEMANDS PRESENTED WRITTEN
DESC RIPTIOy ACCOUNT CHG'D INV.NO. AMOUNT NO. AMOUNT
UNLIC EMPLOYEE ' S RETIRE SYS
27 PERS 4/19/80 - 5/2/80 01-4102-103 309.20
27 PERS 4/19/80 - 5/2/80 01-4106-103 238.75
27 PERS 4/ 19/80 - 5/2/80 1-4110-103 373.90
27 PERS 4/ 19/50 - 5/2/80 01-4201-103 286 .65
27 PERS 4/ 19/.90 - 5/2/80 01 -4401-103 216.70 P1481 1427 .20
28 PERS 5/3/80 TO 5/16/80 01-4102-103 309.20
28 PERS 5/3/80 TO 5/ 16/80 01 -4106-103 238 .75
28 PERS 5/3/80 TO 5/ 16/80 01 -4110-103 373 .90
28 PERS 5/3/80 TO 5/ 16/80 01-4201-103 302 .56
28 PERS 5/3/80 TO 5/ 16/80 01-4401-103 215 .70 P1487 1441 . 11
PAPER WORKS
57 MAY COPY SERVICE 01-4102-208 194. 19 2124 194 . 19
PETTY CASH - CITY TREASURER
27 CONFERENCE EXPENSES 01-4101-206 37 .71
27 UPS-CO^iPUTER SERV 01-4102-204 3. 07
27 MISC GENERAL SUPPLIES 01-4106-212 24 . 13 P1400 64 .91
PERRY & RING, IiNC
57 EELECTRICAL ENGINEERING 01-4107-301 1934.00 2125 1934.00
RADIO SHACK
57 ENGRAVER 01-4201-305 F10610 13.73 2126 13.73
CITY OF SAN LUIS OBISPO
27 JUNE MEDICAL PYMT 01-4102-101 67 .99
27 JUNE MEDICAL PYMT 01-4102- 105 80.80
27 JUNE MEDICAL PYMT 01-4106-105 80 .80
27 JUNE MEDICAL PYMT 01-4110-101 67 .99
27 JUNE MEDICAL PYMT 01-4110-105 121 .20
28 JUNE MEDICAL PYMT 01-4201-101 203 .97
27 JUNE MEDICAL PYIAT 01-4201-105 202 .00
ATASCADERO PAGE NO.
4
DEMAND/WARRANT REGISTER NO. 80-121 DATE 06/ 13/80
PAYEE
TOUCHER DETAIL OF DEMANDS PRESENTED WARRANT CHECK
N0. WRITTEN
CESC RIPTION ACCOUNT CHG'O INV.NO. AMOUNT NO. AMOUNT
28 JUNE MEDICAL PYMT 01-4401-101 67.99
28 JUNE MEDICAL PYMT 01-4401-105 40 .40 P1482 933. 14,
ORVILLE D SMITH, JR
28 MAY MILEAGE 01-4110-203 99.45 P1483 99.45
SHIRLEY SUMMERS
57 CONFERENCE MILEAGE 01-4101-206 17 . 00 2127 17 . 00
ANIEL J STE'riART & ASSOC
28 CITY MAPPING 01-4301-257 4525.94 P1488 4526.94
ELLIOTT 0 STEPHENSON
57 CONTRACT SERVS—PLAN CHECK01-4110-101 291 .96 212A 291 .96
SIERRA VISTA HOSPITAL
30 SAH MC CALL X—RAYS 01-4201 -101 953366 154.00 2129 154 .00
TELEGRAM—TRIBUNE
30 ADS 01-4102-247 167 .40 2130 167 . 40
U S POST OFFICE
28 POSTAGE 01-4102-204 75.00
28 POSTAGE 01-4110-204 75.00 P1485 150.00
WESTERN OFFICE PRODUCTS INC
31 OFFICE SUPPLIES 01-4102-212 _ 200.44
31 OFFICE FUR."JITURE 01-4102-311 599.74
31 OFFICE SUPPLIES 01-4106-212 12. 61
31 OFFICE F'UpraITLIRE 01-4106-308 76. 32
31 OFFICE SUPPLIES 01 -4110-212 309 . 13
31 OFFICE FUR;JITURE 01 -4110-304 283. 05
31 OFFICE FU9NITURE 01-4110-305 139. 70
31 OFFICE FURNIT!JRE 01-4110-308 151 . 40
31 OFFICE SUPPLIES 01-4201-212 58.77
ATASCADERO PAGE NO. 5'
DEMAND/WARRANT REGISTER NO. 80-121 DATE 06/ 13/80
PAYEE WARRANT CHECK
'OU N0.CHER DETAIL OF DEMANDS PRESENTED WRITTEN
DESCRIPTION ACCOUNT CHGO INV.NO. AMOUNT NO. AM1iCJNT
31 OFFICE FURNITURE 01-4201-308 278.66
31 OFFICE FURNITURE 01-4201 -309 125. 07
31 OFFICE SUPPLIES 01 -4401-212 159 .85
31 OFFICE FURNITURE 01 -4401-308 176.27 2131 2571 .01.
PAYROLL
33 NET PAYROLL 6-4-80 1-4102-101 1068 . 67
33 NET PAYROLL 6-4-80 1-4106-101 914 . 49
33 NET PAYROLL 6-4-80 1-4110-101 1337 . 73
33 NET PAYROLL- 6-4-80 1-4201-101 2102 . 61
33 NET PAYROLL 6-4-80 1-4401-101 736 . 92 0000 6160 . 42
WRITTEN 25936 . 66
PREPAID 66349. 12
ACCRUED . 00
TOTAL 92285. 78
RECAP BY FUND PRE-PAID WRITTEN
FUND 01 66349.12 25936 .66
I
P. O. BOX 686 " 6550 EL CAMINO REAL " PHONE (BO51 466-2044 ' ATASCADERO. CALIFORNIA 93422
12 June 1980
KtI.C.IVGU ,,ul� 1 6 1980
10: CILaII'ItL\. 1:4 'L l" ;0 I'L' <NI\i CGbP1I`.iS?0
It has been brought to the attention Of the Sconomic
Development Committee and the lioard of Directors of the Atascadero
Chamber of Commerce that the Motel 0 Corporatiomi has had demands
placed on their project thatwill possibly force them to abandon
their planned complex in At.ascadero. ','e feel this type of pro—
ject is drastically needed in Atascadero, and would not like to
see tilem consider another locale. Ve, the organization of
businesses of Atascadero, urge you to a;prove this project, post
haste.
Respectfully,
1T:4t;Cdi)1•at0 Cll.^IfUR OF COWA n,!;C 1
i
Pres ide'It%
NDJ/fm B.ICS NUSON
c/c: CITY COUNCII, Chairmen — Ecnnomic Development Committee
MOTEL 6 C011P
LA1311.Y ST1:4I.":S
I
M E M O R A N D U M
TO: City Manager DATE - June 18, 1980
FROM: Planning Director
SUBJECT: ACCEPTANCE OF PARCEL MAP AT 79-116 - Gosselin (Hilliard)
At their meeting of June 16 , the Planning Commission reviewed this
matter and recommended acceptance of Parcel Map AT 79-116 .
//ILla^i A
LAWRENCE S VENS SUR/RAY L.//WARDEN
Planning rector CitCy Manager
kp
Attach.
SH LUIS OBISPO COUNTY COUNTY
ENGINEERING
\,I DEPARTMENT
ROOM A101 . COURTHOUSE ANNEX . SAN LUIS OBISPO Y CALIFORNIA 93408 s (805) 549-5252
GEORGE C. PROTOPAPAS ROADS
County Engineer TRANSPORTATION
CLINTON MILNE FLOOD CONTROL
DEPUTY COUNTY ENGINEER WATER CONSERVATION
SURVEYOR
GUY PREWITT
SPECIAL DISTRICTS ADMINISTRATOR SPECIAL DISTRICTS
June 2 , 1980
City of Atascadero
Veterans Memorial Building, Room 106
P. 0. Box 747
Atascadero, CA 93422
Attention Mr. Murray Warden,
City Administrator
Subject: Acceptance of Parcel Map AT 79-116
Gentlemen:
Your consideration of the approval of Parcel Map AT 79-116 ,
a proposed subdivision by Ramon & Victoria Gosselin, is
requested. It is our
RECOMMENDATION
that your Honorable Council act upon the attached resolu-
tion, and authorize the Clerk to sign the map.
Discussion:
A finding of consistency with the General Plan in accordance
with Section 66473. 5 of the Subdivision Map Act was made by
the City Council of the City of Atascadero.
The total area of this development is 2. 08 acres with minimum
lot areas of 1. 04.
Respectfully,
C (L
GEORGE C. PROTOPAPAS
County Engineer
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M_E M O_R A N_D U_M_
TO: City Council
FROM: City Manager
SUBJECT: Amicus participation with City of Chino vs. State
Compensation Insurance Fund re: Labor Code Section 4850
Our Joint Powers Authority workers compensation adminis-
trative firm has notified us of legal action involving the
City of Chino and the State Compensation Insurance Fund (SCIF) .
The issue involves the SCIF' s failure to pay, under Section
4850 of the Labor Code, their full share of salary continua-
tion provisions. This applies primarily to police and fire
and requires that police and fire salaries be continued for a
full year or until injuries sustained are stabilized or cured.
The JPA workers compensation administrator suggests our joining
with Chino in an amicus brief in order to resolve the issue.
It should be noted that because of the Statute of Limitations ,
only those cities who became self-insured after January 10,
1976 , can participate in this action. There is no direct
cost involved.
The City Attorney has recommended your participation and
I share in that recommendation.
M Y L. WARDEN
MLW:ad
6-19-80
M_E M_O_R A_N_D_U M_
TO: City Council
FROM: City Manager
SUBJECT: Amicus participation in the Taxpayers ' Assn. v.
San Joaquin Local Health District
Attached is correspondence from the League of California
Cities, City Attorneys ' Department, urging the City of
Atascadero to join with the Taxpayers ' Association in an
amicus brief. The matter concerns health district fees
imposed to cover the costs of health inspection services.
The City Attorney recommends the City joining as an
amicus participant; a recommendation with which I concur.
9U/ AY 7. WARDEN
MLW:ad
6-19-80
.4-
League
L e at ®f California Cjf;ras
C N ^'s C ,S
Wcrk To. u:�r
June 4, 1980
TO: ALL CITY ATTORNEYS
RE: Amicus Participation in Taxpayers' Association, Inc. of San Joaquin County
v. San Joacuin Local Health District , et al.
The League Board of Directors has approved the Legal Advocacy Committee
recc;umendation that consenting cities join in the amicus curiae brief to be
filed by the City Attorney of San Francisco in the above referenced case.
The Pacific Legal Foundation on behalf of the Taxpayers' Association has filed
an appeal following a favorable ruling of the trial court that the Health
District fees imposed to cover the costs of health inspection services are not
invalid "special taxes" under Proposition 13. The District performs state-
mandated health inspection services for the County and all cities within the
County and imposed the fees to cover the costs of those services. In its
memorandum opinion, the trial court concluded that the _`ees were imposed as
a valid exercise of the police rower, being -generally limited to the reason-
able expense of enforcing the laws of the state which is a duty imposed upon
the District. The court noted that such regulatory fees have historically
been recognized as not coming within the category of a tax and continue to be
so recognized by the contemporary acts of the Legislature, namely, Chapters
397 and 903 of the Statutes of 1979.
On appeal the case presents the clear-cut issue of whether police power
regulatory fees and charges are within; the "special taxes" restrictions of
Proposition 13. Therefore, while the countywide district system of performing
health inspection services for cities is novel, a ruling or. the question will
affect every city in the state.
The Third District Court of Appeal has already granted permission to the
California Farm Bureau Fedcration to file an amicus curiae brief in support
o` the appellant. As indicated, the City Attornev of San Francisco will be
filing an amicus brief in support of re::por.dent District.
All City Attorneys are urged to consider joining as amici in the San Francisco
brief. To do so, letters of authorization should be sent to:
Mark hertz
Deputy City Attorney
Room 206
City Hall
San Francisco, CA 94102
(415) 558-5366
Carlyn F. Galway
Senior Staff Attorney
14i0KSTREET SACRAVEW095814 _ hOTELCLAREMONT-EERKELE"gI-Eq 91 W ILSr,RE BLVD.SUITE 7f:_ CS ' .3ELEo soon
19161444 5790 (4151843-9003 (213)624-4934
alien grimes attorney at law
7360 EL CAMINO REAL, SUITE B • P. O.BOX 749 • ATASCADERO. CALIFORNIA 93422
PHONES 1805) 466-5678 ox 4661406
REPORT FROM THE CITY ATTORNEY
For the
Council Meeting of June 23, 1980
No. 5
1. LEAGUE OF CALIFORNIA CITIES SURVEY OF PROPOSITION 13 LITIGATION (Third
Supplement)
Attached for your information is a copy of the third supplement of the
League's survey of Proposition 13 litigation. If nothing else, it reveals
that the path of the law is rather slow. However, from an overall point
of view, the litigation has been developing favorably towards cities and
counties and has not amounted to a strict and literal interpretation of
Proposition 13.
One of the crucial cases remains Kehrlein v. City of Oakland, which in-
volves the validity of a business license tax increase. This case is
still pending in the First District Court of Appeal.
Our sister city of Lompoc has a case pending in the Second District Court
of Appeal which involves the question whether the initiative may be used
to set electric utility rates.
2. RECENT DECISIONS OF INTEREST
a. Law May Give Violator Choice of Fine or Contest
The Court of Appeal has upheld a Health and Safety Code provision
which gives an offender a choice of accepting a minimum penalty in
return for not contesting a citation, holding it to be constitutional.
(Myers v. Astoria Convalescent Hospital, C.A. 2d, May 13, 1980)
b. Definition of Family Thrown Out
The California Supreme Court has held that a city ordinance which
limited the number of nonrelated people living in a single-family
residence violated the rights to equal protection of the law and to
privacy. Thus, the Santa Barbara ordinance which the League Legal
Advocacy Committee had supported went down the drain. (City of Santa
Barbara v. Adamson, May 15, 1980)
REPORT FROM THE CITY ATTORNEY _
No. 5 - Page 2
C. Employees May Not Constitutionally Make Statements which Impair the
Public Service
The Fifth Appellate District has held that statements made by a public
employee which impair or disrupt the public mental health service are
not constitutionally protected. In this case, a state psychiatric
technician at Atascadero State Hospital attempted to restrain an as-
saultive patient by holding his hand over the patient's throat. A
second technician reported the accident, alleging that the employee
abused the patient. After all the appeals, the end result was that
he was disciplined by a five percent reduction in salary for a three-
month period. (Stanton v. State Personnel Board, C.A. 5th, May 13,
1980)
d. State Subdivision Map Act Expressly Authorizes City Supplemental
Ordinances
The First Appellate District has held that a city ordinance requiring
zoning approvals and an environmental impact report where necessary
does not violate the State Subdivision Map Act. (Benny v. City of
Alameda, C.A. lst, May 22, 1980)
e. Landowner Had Right to Hearing Before Adjoining Land Approved for
Subdivision
The First Appellate District has held that a property owner was de-
prived of his right to notice and a hearing when adjoining property
was approved for subdivision. The Appellate Court reversed the trial
court and held that under the precedence set by the case of Horn v.
County of Ventura, 24 Cal. 3d 605, an adjoining property owner must
be given notice of a proposed project and the right to a hearing to
determine if the project will adversely affect his property. Failure
to do so does not meet due process requirements providing notice and
a hearing where fundamental-interest property rights are substantially
affected. (Kennedy v. City of Hayward, C.A. lst, May 21, 1980)
f. County's Rights Under CATV License Pass to City Upon Incorporation
The Appellate Court has held that a license granted by a county and
accepted by a cable television company constituted a contract and that
any city subsequently incorporated within the service area would be
empowered to regulate the television company's rates within that city.
(City of Lafayette v. American Television and Communication Corporation
(1979) 98 C.A. 3d 27)
g. Skelly Rights Apply to a Probationary Employee Who is Deprived of
"Liberty Interests"
The Appellate Court held that while ordinarily a probationary civil
service employee may be dismissed without a hearing or judiciably
cognizable good cause, an exception exists where the employee is de-
prived of liberty without due process of law, and this may arise when
' • � 11
REPORT FROM THE CITY ATTORNEY
No. 5 - Page 3
the basis of the discharge is such as might stigmatize the employee's
reputation, or seriously impair his opportunity to earn a living, or
which might seriously damage his standing or associations in his com-
munity. In such a case, the probationary employee is entitled by due
process to be afforded the opportunity to refute the charges and to
clear his name, and he must be given notice and opportunity for a
hearing appropriate to the nature of the case before his termination
becomes kffective. (Lubey v. City and County of San Francisco (1979)
98 C.A. d 340)
Respectfully s itted,
4
ALLEN GRIMES
City Attorney
AG:fr
Attachment
}
. r
®®� League of California Cities
Ca4tomia Cities June - 1980
Work Together
PROPOSITION 13 LITIGATION
(Third Supplement)
This supplement to the compilation of Proposition 13 - related cases and opinions
is intended only as an update of the information previously reported. Where
no information has been received indicating a change in status of any case noted
in the three earlier compilations (distributed in August 1978, February and
August 1979) , the reference has not been repeated.
Most of the interpretive issues relating to Proposition 13 are yet to be decided
by the appellate courts and are becoming increasingly significant as cities
experience the long-range impact of that constitutional amendment. It is
therefore requested that City Attorneys supply us with information in appropriate
detail concerning any Proposition 13 - related litigation coming to their attention,
as well as to provide status reports as the cases progress.
Principal Issue: Validity under "special taxes" limitation of:
1. Regulatory Fees and Charges:
Mills v. County of Trinity: appeal pending in Third District Court of Appeal
following trial court ruling, on plaintiff's motion for summary judgment,
that rezoning, parcel map and survey fees increased by resolution adopted
August 28, 1978, were invalidly imposed as "special taxes"; writ of super-
sedeas granted to restrain enforcement, pending disposition on appeal, of
trial court mandate to desist from enforcing fees (98 Cal. App. 3d 859) ;
oral argument heard in April 1980.
Taxpayers Association Inc. etc. v. San Joaquin Local Health District et al:
appeal pending in Third District Court of Appeal following trial court ruling
that District fees imposed to cover the costs of health inspection services
performed by the District for the County and all cities within the County
were not invalid "special taxes" but were validly imposed as regulatory
charges pursuant to the police power.
Berg v. City of Dixon: action challenging building permit, drainage permit
and other regulatory permit fee increases (and a bedroom tax increase) passed
on an urgency basis on June 26, 1978, in which parties have agreed to drop
the case from the trial calendar pending the decision on appeal in Kehrlein
v. City of Oakland.
2. Business License Tax Increases:
Kehrlein v. City of Oakland: appeal pending in First District Court of Appeal
140OKSTREET-SACRAMENT095814 HOTELCLAREMONT BERKELEY94705 900WILSHIREBLVO.SUITE702-LOSANGELES90017
(916)444-5790 (415)843-3083 (213)624-4934
following trial court ruling that a business license tax increase effected
by an ordinance adopted on June 29, 1978, was valid but that section 5 of r
Proposition 13 did not defer its operative date and therefore the restric-
tions thereof became effective the day following the election; oral argument
not yet scheduled.
National Independent Business Alliance v. City of Beverly Hills: trial court
memorandum of decision filed April 9, 1980, concluding that business license
tax increases effected by urgency ordinance adopted on June 28, 1978, as well
as an ordinance adopted in December 1978 recodifying the business license
taxes, were not invalid "special taxes" because Proposition 13 "was not
intended to prohibit amendment of preexisting business license ordinances
even though such amendment might result in increasing such taxes," the court,
however, suggesting its agreement with the trial court in Kehrlein that
section 5 of the amendment did not defer its operative date to July 1, 1978;
an appeal is expected but not yet noticed.
Courtright Corp. v. City of Beverly Hills: action seeking to overturn the
same business license tax increases; hearing on plaintiff's motion for
summary judgment and City's counter motion (yet to be filed) expected to be
set in late June.
Berg v. City of Dixon: action challenging a "bedroom tax" increase (and
regulatory permit fee increases) passed on an urgency basis on June 26,
1978, in which the parties have agreed to drop the case from the trial
calendar pending the decision on appeal in Kehrlein v. City of Oakland.
3. School Impact Fees:
Winberry Development Co. , Inc. et al v. County of Shasta: appeal pending in
Third District Court of Appeal following a trial court ruling on plaintiff 's
motion for summary judgment that school impact fees authorized by Govermnent
Code section 65970 et seq. (SB 201) are "special taxes" and therefore had
been invalidly levied by the County.without having obtained a prior approving
vote of the electorate; oral argument scheduled for August 19, 1980.
Trent Meredith, Inc. v. City of Oxnard: appeal pending in the Second District
Court of Appeal following a trial court ruling that the City's post-Proposition
13 school impact fee ordinance was not invalid as imposing "special taxes"
but was a properly adopted police power measure.
4. Service Fees and Charges:
Agnew v. City of Beaumont: action which challenged ordinances increasing
sewer service and trash collection fees and which has been dismissed by
plaintiff.
5. Real Property Transfer Tax:
Pugh v. City of Sacramento: a class action challenging the City real estate
transfer tax enacted on June 29, 1978, on the theory that Proposition 13
took effect on June 7 rather than July 1, 1978; parties have entered into a
Stipulation that the case will be held in abeyance pending the decision on
appeal in Kehrlein v. City of Oakland.
-2-
6. Miscellaneous Fees, Charges Assessments and Taxes: _
Attorney General Opinion (62 Ops. Cal. Atty. Gen. 663) :
Concludes that fees imposed by a local agency pursuant to Government Code
section 66484, requiring a subdivider to pay a portion of the costs of
constructing bridges and thoroughfares, are not "special taxes" since
they have virtually all of the earmarks of special assessments which have
been determined to be outside of the scope of the "special taxes" restric-
tion in County of Fresno v. Malmstrom, 94 Cal. App. 3d 974.
Attorney General Opinion (62 Ops. Cal. Atty. Gen. 673) :
Concludes that an in-lieu participation fee imposed by a county as a
condition for issuing a building permit for the purpose of providing low/
moderate income housing, although a part of a regulatory growth management
scheme, is primarily designed to raise revenue and as such is a "special
tax" within the meaning of Proposition 13, since the latter restriction
applies "to any new or increased exactions imposed by a city, county, or
special district for revenue purposes" (p. 686) .
Attorney General Opinion (62 Ops. Cal. Arty. Gen. 747) :
Concludes that a levy exacted by a park and recreation district pursuant to
Public Resources Code section 5788 et seq. on property in and to support
a park and recreation zone established in the district, while being termed
a "special assessment," is an ad valorem tax, since it has more of the
characteristics of a property tax, and as such it may no longer be levied
because of the prohibitions of Revenue and Taxation Code section 2237,
enacted pursuant to Proposition 13.
Attorney General Opinion (62 Ops. Cal. Atty. Gen. 831) : Concludes that
charges imposed by a county service area for extended services pursuant to
Government Code section 25210.77a, 1) would not ordinarily constitute
ad valorem taxes subject to the limitations of Proposition 13 since the
authorization speaks in terms of charges to pay the costs of the services
imposed in lieu of or supplemental to a tax levy and allows the varying of
the charges to correspond to the cost and value of the service, 2) can
constitute special assessments or compensatory fees, neither of which are
"special taxes", if assessed in accordance with the benefit of the service
to each parcel of land or levied against only those who made use of the
services and were based on the cost of that use or service, respectively,
but would constitute "special taxes" if exacted as a revenue raising fee,
and 3) when imposed as "special taxes" may be levied only after approval
by two-thirds of those voting on the proposition within the service area
charged.
Principal Issue: Construction of prior voted "indebtedness" exception to 1% limitation.
Kern County Water Agency v. Board of Supervisors, 96 Cal. App. 3d 874
(modified 97 Cal. App. 3d 703(a)) : appellate decision, affirming trial court,
concluding that an override assessment to make up a deficiency in revenues
received from water resales was not in violation of the 1% tax limitation
of Proposition 13, since the assessment was provided for in a prior voter-
approved contract between the Agency and the Department of Water Resources
and thus was expressly authorized by the exception in Art. XIIIA, § l(b) .
-3-
Metropolitan Water District v. Dorff, 98 Cal. App. 3d 109: appellate decision,
affirming trial court, concluding that real property which was annexed to the
District after the passage of Proposition 13 was subject to an override tax
in excess of the 1% limitation thereof to pay the interest and redemption
charges on a prior voter-approved indebtedness of the District, since there
is nothing in Proposition 13 indicating an intent to abrogate the principle
(expressed in MWD Act section 374) that subsequently annexed territory is
liable to pay its proportionate share of an existing indebtedness of the
annexing public entity.
Carman v. City of San Gabriel et al. : appeal pending in Second District Court
of Appeal following trial court dismissal of class and grant of City's
demurrer without leave to amend with respect to individual claim of plaintiff
for refund of override tax levied pursuant to 1948 voter-approved measure
authorizing City participation in PERS and expressly providing for the levy
and collection of an annual tax sufficient to meet such retirement obligations.
City of Watsonville v. Merrill: original petition for writ of mandate pending
in First District Court of Appeal seeking an order that County Auditor
release from impound override tax revenues, collected pursuant to a 1960
charter provision authorizing City participation in PERS and expressly man-
dating the levy and collection of a tax sufficient to meet such retirement
obligations, and seeking a determination that the additional tax authorized
by the City charter is exempt from the 1% limitation of Proposition 13 as
a prior voter-approved indebtedness.
Attorney General Opinion (62 Ops. Cal. Atty. Gen. 589) : Concludes that a
fire protection district may not exceed the 1% tax limitation of Proposition
13 to obtain revenues to pay a non-voter-approved prior indebtedness to
purchase new equipment or to construct a new fire station as authorized by
Health and Safety Code section 13917 .5, because the 1% limitation is con-
stitutionally applicable when examined under the impairment of contracts
clause, the tax rates prevailing at the time of the subject contracts
neither impliedly guaranteeing nor providing any measure of security for
the payment of contractual obligations.
Principal Issue: Applicability of the initiative to the setting of rates, fees,
charges and taxes in light of Proposition 13:
Bock v. City of Lompoc: appeal pending in the Second District Court of
Appeal following a trial court ruling that an initiative pertaining to the
setting of electric utility rates was an improper subject for the initiative
because such rates are "tax" levies to the extent that they generate excess
revenues for the City's general fund; as a result of the latter ruling,
petitioners on appeal are contending that by reason of the Proposition 13
"special taxes" provision utility rates may be adopted through the initiative
process.
City of Atascadero v. Daly: ,notice of appeal filed on May 7, 1980, following
a trial court ruling that an initiative which would have prohibited the City
from imposing fees or charges without the prior approval of the electorate
was invalid as against defendants' argument that any fees and charges are
"special taxes" within the meaning of Proposition 13 and for this reason
the initiative was authorized.
-4-
Principal Issue: Application of 1% tax limitation where taxes levied in advance
on calendar year basis:
Miller et al. v. City of Napa et al. : action for declaratory relief and
refund of taxes levied and collected on April 1978 secured roll constituting
taxes for the second half of the 1978 calendar year, on the theory that such
advance collection of taxes for the period July 1 - December 31, 1978, are
in excess of those authorized by and therefore in violation of Proposition 13.
Principal Issue: Applicability of 1% rate to unsecured roll.
Board of Supervisors v. Lonergan: hearing granted by Supreme Court following
.appellate decision (100 Cal. App. 3d 841) affirming judgment for plaintiff
in declaratory relief action on the basis that the 1% tax rate limitation of
Proposition 13 is applicable to property on the unsecured roll.
Roy E. Hanson Jr. , Mfg. Co. v. City of Los Angeles: hearing granted by
Supreme Court following appellate decision (101 Cal. App. 3d 381) affirming
summary judgment for plaintiff on the basis that the 1% tax rate limitation
of Proposition 13 is applicable to property on the unsecured roll.
Principal Issue: Applicability of roll-back provisions and 2% annual tax increase
limit to utility properties.
Pacific Gas & Electric Co. v. State Board of Equalization: hearing granted
by Supreme Court following appellate decision (97 Cal. App. 3d 687) reversing
trial court and holding that roll-back provisions apply to property assessed
by State Board of Equalization as well as property assessed by county
assessors since Proposition 13 is broadly framed and applies to all real
property in the state however owned or assessed.
NOTE: The following item should be included among those as involving the principal
issue of "the validity under 'special taxes' limitation of . . . business
license tax increases":
City and County of San Francisco v. Farrell: following the approval by less
than a 2/3 vote at the June 3, 1980, election of a proposition to continue
beyond June a payroll and business tax increase, an original petition for
writ of mandate was filed on June 4 with the Supreme Court seeking to have
the City Controller certify the availability of funds accruing from the pay-
roll and business tax increases effected by an ordinance adopted in March
to be effective for the months of April, May and June.
-5-
M E M O R A N D U M
TO: City Council
FROM: City Manager
SUBJECT: Administration Building Renovation
Attached is a series of alternatives developed by
Larry McPherson with regard to space allocations in the
Building. There are obviously many more which might be
considered, but these seem most reasonable.
From the Staff' s standpoint, the original proposal,
or Alternative #1, is the preferred alternative in con-
sideration of space and present as well as potential
City activities. In the event, however, that the Council
wishes to choose another alternative, then it would be
our recommendation that alternatives 4a and 4b as dis-
cussed by Mr. McPherson' s memo be considered. I join him
in his recommendations .
RAY . WARDEN
W:ad
6-19-80
M E M O R A N D U M
TO: Murray Warden
Is
FROM: Larry McPherson
SUBJECT: Alternative Locations for Public Counter
Five different floor plans have been examined to allow
City Council to make a decision on the location of the service
counter. This is in response to questions and comments by the
public and Council related to the proposed relocation of the
Children' s Library.
Alternate #1 is the location reviewed with Council on
several occasions with the one-stop public counter shown in
the location of the present Children' s Library.
Alternate #2 was a plan presented to Council at its last
meeting by a group of citizens concerned about the library
move. This plan utilized the Palma frontage entrance for a
one-stop counter location.
Alternate #3 is my version of the above plan incorporating
several modifications to accommodate working space and security
considerations . The Architect had presented a plan identical
to this for my review prior to the Council meeting of June 9th.
Alternate #4 is two plans showing the use of the Palma
Ave. frontage on both the first and second floors to accommodate
the public counter. Collections, Information and Recreation
would be inside the entrance of the first floor while Building,
Planning and Engineering would be above on the second floor.
a
Alternate #5 locates the one-stop counter on the West Mall
side of the second floor, where Council Chambers were planned.
Council Chambers would continue to be located in the upper rotunda
room on the fourth floor. A cost estimate on this alternative
was not made because of the variety of construction alternatives
that could be pursued with this plan. To make the upper rotunda
suitable for public meetings extensive acoustic treatment would
be warranted.
If the rotunda were left in it ' s present condition, locating
the one-stop counter on the second floor would cost approximately
$10, 000.
Following are comments related to each of the five alternatives
along with cost estimates to implement each plan. No attempt was
made to add electrical and mechanical modification costs or added
design fees , since these would remain fairly constant.
To keep everything in perspective , I have reviewed the
costs to remodel space for the Children' s Library as supplied
by Dale Perkins. I find that the direct cost to make structural
modifications is around $15 , 000. The total moving cost was
quoted as $28 , 000 which includes building modifications, moving
costs , architect ' s and engineer ' s fees and contigencies.
Alternative #1
Estimated Cost - $7 , 600
Advantages
1. Largest unobstructed floor space available on the first
floor.
2. Nearest to future public parking area on East Mall.
3. Provides £lexability for future expansion of services
and addition of personnel.
4. Two existing vaults could be activated with minimal
expense, providing cash and records storage adjacent
to those functions.
5. Counter and office areas are totally securable with
no structural modifications.
6. Provides one-counter service for all City functions
on the first floor.
7. Provides a maximum amount of counter space.
Disadvantages
1. Requires the Children 's Library to relocate. $14 , 000
was expended within the last several years to upgrade
the facility. The County Library Director estimates
moving and remodeling costs at $28 , 000. The $28 , 000
includes structural modifications to remove two bearing
walls in the space now occupied by Social Services on
the first floor.
Alternative #2
Estimated Cost - $17 ,200
Advantages
1. Children' s Library could remain where it is.
2. The public counter would be located at what is perceived
to be the main entrance to the building.
3. Provides one-counter service for all City functions on
the first floor.
2
•
Disadvantages
1. Counter and work areas would have to be secured after
business hours to prevent theft and vandalism of
office equipment.
2. This plan contains 20% less work area than is in-
dicated in Alternative #1.
3 . Major structural work is required to utilize this plan.
one bearing wall would be removed.
4 . This plan does not provide storage areas for records
and maps.
5. Less convenient to future public parking than Alternative
#1.
Alternative #3
Estimated Cost - $13 ,400
This plan has the same advantages and disadvantages as
Alternative #2, with the exception of the extent of structural
modifications. Part of the bearing wall would remain around
the existing doorway, allowing utilization of some of the ex-
isting wall system for structural support. Roll screens would
provide after hours security for the office areas.
Alternative #4
Estimated Cost - $15,200
Advantages
1. Children' s Library could remain in it's present location.
2. Area around the main building entrance is used for high
-volume activities such as : collections, information, and
recreation sign-ups.
3. No structural modifications would be required on the
first floor.
4. Provides acceptable but minimal office and working area
for the counter staff on the second floor.
Disadvantages
1. The operation is no longer a one-stop counter since in-
formation and collections are isolated from Building,
Planning and Engineering.
3
2. This plan would require one additional clerical staff
position at an annual cost of around $12 , 000. It may
be possible to use this added position as clerical
support for the recreation function.
3. Counter areas are located further away from the future
public parking area than Alternative #1.
4 . This plan eliminates the proposed conference room on
the second floor.
Alternative #5
Estimated Cost - $10, 000 minimum
Advantages
1. Children ' s Library could remain where it is presently
located.
2 . No major structural changes would be required.
3. Provide one-counter service for all City functions.
4 . Would provide adequate working and storage areas for
counter staff.
Disadvantages
1. This proposal would dislocate the planned Council Chambers
on the second floor, leaving the present location in the
upper rotunda as it's ultimate location.
2. If Council Chambers remain in the upper rotunda extensive
acoustical renovation would be required.
3. All City functions would be located on the second floor
away from the main building entrance.
Recommendation:
It is recommended that once City Council makes a decision
concerning the location of the public counter and the library uses,
authorization be given staff to proceed with obtaining construction
bids at the earliest possible time.
As soon as the plans and contract documents are completed,
bids would be advertised. The completed plans would be brought
back to Council at the next meeting for informational purposes.
Of course, Council would approve the bids once they have been sub-
mitted prior to any construction activity.
4
By following this recommendation, we may advance the
construction schedule by as much as two weeks.
The previous construction cost estimate of $440 ,000
is still valid, but would have to be modified to account
for any changes in the counter location differing from the
original plans and the additional architect and engineering
fees necessary to make plan modifications.
After a complete review of these and other alternatives,
I still feel the best location for a one-counter service area
is in the space presently occupied by the Children' s Library.
Should the decision be made to retain the Children ' s Library
in it ' s present location then I would recommend that we
utilize Alternative #4 to provide for the public oriented
City services.
The recommendation of Alternative #4 is based on the
following considerations:
1 - High volume, non-technical services would be confined
to the lower floor near a major entrance, with lower
volume, technical activities on the second floor.
2 - Alternatives 2 and 3 do not provide adequate or
efficient working and storage space as required for
present or projected levels of service.
3 - Work areas in Alternative #4 could be easily secured
after business hours.
4 - Although one more clerical position is required to
implement Alternative #4 , this position could provide
staff support to recreation related programs.
5 - By locating technical counter staff on the second floor,
they would be nearer their point of supervision.
6 - Alternative 44 leaves the first floor entrance from
Palma Ave. in it ' s present configuration with no
structural changes required.
7 - Alternative #4 provides more usable public counter area
then Alternatives 2 and 3 . -
8 - Alternative #5 should be eliminated on the basis of the
considerable inconvenience and expense to locate
Council Chambers on the fourth floor.
LAWRENCE McPHERSON
LM:vh
6-19-80
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MEM O RAN D U M
TO: City Council
FROM: City Manager
SUBJECT: FY 1980/81 Final Budget
Attached are some items which were not included in
the initial budget hearing, but need to be considered by
you in your final determinations. The appropriations
limit insert, page 63, will be required in future budgets
under Proposition 4 . Technically, we are not required
to adopt the Proceeds of Taxes Appropriations Limit this
year, however, we are including it as a part of the
overall budget. The other items outlined in Mr. Dowell' s
memo have come about as a consequence of additional
requests or staff refinements of the original preliminary
budget figures. His memo will provide you information for
your consideration and will be supplemented by a verbal
explanation by me on Monday night. The document entitled
"Proceeds of Taxes Appropriations Limit" , page 63, should
be inserted in your preliminary budget books. The proposed
Revenue Sharing Expenditures are for your consideration
and final adoption on Monday night.
el5
RRA L. WARDEN
MLW:ad
6-19-80
TO: City Manager
FROM: Finance Director
SUBJECT: Final FY 80-81 Budget
The following are the remaining elements to the FY 80-81 Budget
for review by Council on June 23, 1980 . Items for consideration
make reference to the Preliminary Budget by page and account
number. In addition, a new page 63 , Appropriations Summary, FY
80-81, has been added to the Preliminary Budget to comply with
the provisions of Proposition 4 . A copy of the Final Budget,
FY 80-81, will be prepared subsequent to adoption by Council :
A. Page 35, Police Department. Account 01-4201
(1) Account 224 . Comm Egpt (Lease/Purchase)
Increased from $15,980 to $18 ,227
B. Page 37, Fire Department. Account 01-4202
(1) Identify all expenditures under Salaries (Accounts
101 thru 107) as "estimated" pending final deter-
mination. Finds as listed are sufficient to defray
maximum possible expenditures.
(2) Reduce Account 103 , PERS, from $53 , 107 to $41,505
based on the existing known district rate of 19 . 489%.
C. Page 41, Non-Departmental . Account 01-4301
(1) If approved, add Account 257 Contributions :
a. SLO Co Symphony Assoc $ 500 . 00 0150
b. Family Service Center 150 . 00 l60
C. Hotline 500 . 00 .2Sb
d. Boy Scouts, Santa Lucia Area Council ?
e. Senior Citizens Program Coordinator 10 ,248
(z) AOO j 1u AeUu wt ;.Yl r„L /i(rt t-A SfrtdtcC)
t i� bV61C� [�
D. kage 42 , Non-Departmental. Account 01-4301
(1) Account 301 Computer. Increase allocation from
$7,500 to $15 ,100. Identify the transfer of $4 ,900
from 01-4301-239 (page 41) , Data Service,effective
1/01/81. This transfer added to Account 301 would
provide the required .firstyear expenditure of
$20, 000. This expenditure is for 10% down payment,
sales tax, equipment installment payments, equip-
ment maintenance, System Programs and Employee
Training Programs .
E. Page 45, Public Works/Engineering/Admin. Account 05-4401
(1) Account 224. Add Handicapped Transportation System L,/
$14 , 039.
F. Page 50 , Public Works/Streets . Account 05-4402 .
(1) Account 217. Reduce from $40, 000 to $25, 961.
(2) Add Account 217 to page 48 entitled: Maintenance
Materials $14 , 039.
G. tPage 57, Public Works/Parks & Zoo. Account 01-4404
(1) If approved, add Account 304 Public Restrooms $75,000.
[v` (2) If approved, add to Account 102 Part Time for main-
tenance of Public Restrooms 600 hrs @ $5. 55 = #3, 330.
(3) If approved, add to Account 106 Workers ' Comp $349.
H. The attached Revenue Sharing recommendations are as
presented to Council on June 23, 1980. The Final Budget
will reflect the identification of each capital expen-
diture approved for Revenue Sharing Funds .
The total effect of the above considerations is an additional
$102, 361 to the Preliminary Budget for a total Operating Budget
of $3, 496, 111. This in turn reduces the Appropriation to
Reserve Accounts from $407, 747 to $305 , 386 .
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M E M O R A N D U M
TO : City Council
FROM: City Manager
SUBJECT: Analysis of Fire District Memoranda of Understanding
As you are aware, the Fire Prevention District Board of Directors
entered into a memorandum of Understanding (MOU) with the Atascadero
Firefighters ' Association on June 24 , 1979 . The b10U is for three
fiscal years ; FY 1979/80 (ending June 30 , 1980) , FY 1980/81 (ending
June 30 , 1981) , and FY 1981/82 (ending June 30 , 1982) . It covers
salaries and provides for annual salary increases during the life
of the MOU; establishment of longevity pay; provision of dental and
health insurance for employees and dependents ; compensation for holi-
days ; and continuation of all existing benefits received by employees
which are not deleted or modified by the MOU. A copy of this MOU is
attached.
A question arises as to how the salaries and benefits of Fire
District personnel will mesh with the salaries and benefits either
adopted or considered for other City employees , assuming that all
provisions of the MOU are implemented.
The first area of comparison is for the monthly salaries as
established by the MOU compared with the City' s adopted structure.
For purposes of comparison, I have used the top step of each salary
structure recognizing that individual employees may be at different
steps . For the MOU, FY 1980/81, I have used the 14 . 32, increase
presently provided by the MOU and for FY 1981/82 , have assumed a 11%
increase. This latter could be higher depending upon the Cost of
Living Index prevailing at the time. For purposes of comparison. I
have assumed that City rates will increase at the rate of 10% per
year. This will depend, of course, upon Council action in the appro-
priate year. The following table illustrates these assumptions and
shows the shifting in relative pay positions that occurs as a result
of the Fire District MOU.
CITY ADOPTED FIRE DISTRICT MOD
108 14.328 118
Position FY 1980/81 FY 1981/82 FY 1979/80 FY 1980/81 FY 1981/82
Fire Fighter $ 1321 $ 1453 $ 1348- $ 1541 $ 1710
Fire Eng. )
Bldg.Insn. ) 1422 1564 1477 1608 187,
Trtmt.Plt_Oo.)
Police Off. 1459 1605
Assoc.Plan. ) 1571 1728
A5st.Cvl.Eng.)
Fire Capt. ) 1609 1770 1684 1925 2137
Chf.Trtmt.Plt.OP.)
Police Sgt. 1650 1815
Chf.Bldg.Insn. 1691 1860
PW Supt. 1821 2003
Finance Dir. 2227 2450
Plan.Dir. 2283 2511
Fire Chief 2340 2574 2542 2542
Police Chief 2398 2638
P14 Dir. 2647 2912
•
Memorandum - Fire District
Page Two
The MOU provides a basic Firefighter range for FY 1980/81 which
exceeds the City' s Fire Engineer, Building Inspector, Treatment
Plant Operator and Police Officer salary ranges. For Fire Engineers,
the FY 1980/81 MOU range exceeds that for Police Officer, Associate
Planner, Assistant Civil Engineer, the adopted City Fire Captain
range , Chief Treatment Plant Operator, Police Sergeant and almost
equals the maximum for Chief Building Inspector. For Fire Captain,
the FY 1980/81 MOU range exceeds Police Sergeant, Chief Building
Inspector, and Public Works Superintendent. Thus , a significant
distortion of the City' s adopted salary plan can occur as a result
of the Fire District ' s existing Memorandum of Understanding. It
should be noted that most cities have salary and classification
plans which roughly equate a Fire Captain position to that of Police
Sergeant, Fire Engineer to Police Officer with generally the police
positions at a step higher than for the comparable fire positions .
This difference has been a matter of concern to firefighter unions
who have traditionally sought equal pay scales with those of the
police. There has been some trend in this direction by cities in
recent years.
It should be noted that even under the 1979/80 Fire District
salary structure that ranges exceed those adopted by the City for
FY 1980/81.
To the foregoing must be added , for those positions qualifying,
longevity pay in accordance with the MOU scale as follows:
5 years ' service - 2 . 5%
10 years ' service - 5 . 0%
15 years ' service - 7. 50
20 years ' service - 10.0%
One firefighter now receives 2% as longevity pay which will
increase an additional 5. 5% in 1980/81 for a total of 7 .5% ; one will
receive 2 . 5% and one will receive 7. 5% in 1980/81. In 1981/82 , one
will receive 2. 5% , one 5. 0% , and two will receive 7. 5% . These increases
are not part of any other City pay structure. They must be applied
to base salary rates. As illustration, the 7. 5°% longevity provision
will result in a Fire Captain' s pay in 1980/81 of $2069 per month
and a 1981/82 salary of $2297 per month. Thus , in 1980/81, this can
result in a salary greater than the City scale for Public Works Super-
intendent and 6% less than that of the Finance Director/City Treasurer.
It should be noted that each increase in basic salary and/or longevity
pay increases the costs to the City for benefits based upon salaries ,
i. e. , Workers Compensation, PERS benefits, etc.
As concerns the dental and health insurance , the coverages
offered by the City' s participation in the Joint Powers Authority
and that offered by the Fire District plan are roughly the same.
The major difference , however, is that under the MOU, all of the
employees ' and their families premiums for health insurance and paid
Memorandum - Fire District
Page Three
by the District as opposed to the City' s plan of paying only for the
employee , but offering, at the employees ' expense, family coverage.
The City' s approach treats all employees , single and married, the
same whereas under the Fire District' s MOU, single employees are
penalized by actually receiving less pay than their married colleagues.
Considering that this benefit is non-taxable, the realizable income
difference is significant.
With regard to holiday and vacation times , the existing Fire
District MOU and policies provide for 9 shifts off per year for
holidays. Converting shifts to days off, using a formula which
equates general employees ' day or hours to firefighters ' shifts ,
results in 19 days off per year for firefighters as compared to 11
days off for City employees. The firefighters get 6 shifts , equiva-
lent to 12 . 79 general employees ' days , per year for vacation as
contrasted to the 10 vacation days for general employees presently
authorized. Thus , combining the holiday and vacation shifts off
results in a total of 32 days per year as contrasted to the general
employees ' of 21 days per year.
Other identified areas of differences are in the sick leave,
bereavement leave and overtime pay provisions. Firefighters are
presently authorized 144 hours of sick leave per year or 12 hours
per month as contrasted to the proposed 96 hours per year or 8 hours
per month suggested for other City employees . Within this 144 hours
of sick leave for firefighters , authorization is given for 5 shifts
off for death in the immediate family and family care sick leave up
to 5 shifts per year. A shift equals 2 . 13 days for general employees.
Consequently, 5 shifts is the same as 10 . 65 days off for a general
employee. Normally 3 to 5 days is permitted for bereavement leave.
Part of the problem here may be a matter of definition of how the
time off is computed when trying to compare shifts to hours; but,
even so, a distinct disparity exists .
overtime provisions are significantly different in that fire-
fighters are authorized time and one-half for overtime whereas other
employees are paid at straight hourly rates .
It is my understanding that the retirement benefits adopted by
the Fire District includes a 2% at 55 package which is comparable
to the police PERS contract. There are certain significant differences ,
however. one is the provision for the crediting of all unused sick
leave time for retirement purposes of up to one year credit. In
short, one year ' s accumulated sick leave can result in an earlier
retirement date or an additional year of employment credit. This is
not offered to any other employee. Another difference is in the
so-called 1959 survivor' s benefit program which in effect offers
survivors a share of the deceased retired employee ' s retirement pay
for the remainder of the survivor' s life until remarried or until
survivor children reach a specified age. An additional benefit is
computation of retired pay at highest 12 months of income when
T
Memorandum - Fire District
Page Four
other employees must average the highest three years. Each of these
benefits adds to the PERS costs . It should be noted that PERS does
not require that the Fire District contract be transferred to the
City if the City does not want it to. Even if the City wished to
continue the same program, we would have to have a public hearing,
pass a resolution of intent, and adopt a new contract with PERS.
In effect, contrary to our previous understandings from PERS, Fire
District employees are considered the same as any other employee
transferring into the City from another PERS agency. They come
into the existing PERS contract for that agency - in this case , the
City. However, all Fire District employees would, upon retirement,
receive the benefits contracted for by the District for that portion
of their retirement credited from their service with the District.
An additional factor is the question of applicability of the
Fire District ' s MOU to the City. I believe the City Attorney has
provided you with a discussion of this matter in which he reached
a conclusion that the MOU was not binding upon the City; that the
obligation of the City was to provide to the firefighters an oppor-
tunity to become a part of the City structure at the current monthly
salaries in effect on July 1, 1979 . The language of the County
Resolution 79-258 dated June 18 , 1979 , and previous discussion on
this point during the LAFCO pre-incorporation analysis suggests
that current rates of pay be offered to the transferring employees .
This language does not appear to include future or negotiated salaries ,
but rather those in existence at the time the resolution was passed.
The City Attorney also noted the necessity for assuring equity in
the pay structure for other employees in relation to the impacts of
the MOU.
As a side issue, but having some bearing on this matter, it
should be noted that had the Fire District continued its existence,
its revenues would have been severely curtailed in FY 1980/81 due
to the cut-back in property tax revenues and reduction or non-exis-
tence of State "bail-out" money. Assuming the same level of expen-
diture as finally adopted for the 1979/80 fiscal year and projecting
anticipated revenues without a tax override or surcharge which would
require a 2/3 vote of approval to implement, the 1980/81 fiscal year
would have required the full commitment of all existing revenues
and reserves and a cut-back in expenditures and possibly reductions
in personnel. Since, however, the District has been absorbed by the
City, this deficit is being made up through allocation of City
General Fund revenues , a procedure which is normal for City budgets .
In evaluating the impact of the Fire District's MOU, considera-
tion should be given to the necessity for assuring that firefighter
salaries are equitable relative to other employees as well as to
other fire departments in the employment area and certainly major
consideration has to be given to the overall budget. An objective
of a salary plan is to assure that there is sufficient so_ read between
different classifications to avoid compaction or overlap of salary
structures. In short, consideration must be given to the entire
employee structure, not just to one segment of it.
•
Memorandum - Fire District
Page Five
In considering these factors, several alternatives appear;
there may well be others :
1. Adopt the MOU as written knowing that major differences
between other City employees ' and firefighters ' pay and
benefits exist which could create personnel problems and
recognizing that future salary adjustments will tend to
perpetuate salary and benefit discrepancies .
2. Conclude that the salaries existing on July 1, 1979 will
remain in effect upon transfer to the City; but, adjust
individual firefighter salaries up if necessary to fit
the City program. If actual salaries are higher than
those adopted in the City' s salary plan, then continue
to pay the higher amount until the City scales catch up
at some future date. Assuming a 10% increase in City
scales and that the firefighters ' salaries are at the
FY 1979/80 rate , this should occur during FY 1981/82 .
3. All benefits to be the same for all employees , but make
firefighters ' PERS benefits the same as for sworn police
personnel, i.e. , 20 at 55.
4. In addition to 3 above , make police and fire salaries the
same for equivalent positions as defined above.
31 �5_ Adopt the MOU as written, except for PERS, but freeze existing firefighters ' salaries at the level reached at
termination of the MOU, whatever that may be, until City
scales catch up, whenever that happens. Newly hired fire-
fighters to be hired at the existing City scale and bene-
fits with PERS the same as for the police. This could
result in different salaries and benefits within the Fire
Department for similar jobs.
6. Adopt the Fire District' s MOU and raise the City scales
and benefits to a position relative to it.
7. Combine 2 and 3 above. —
8. Combine 2, 3 and 4 abov
In reviewing this situation and considering the necessity for
treating all employees equitably so as to avoid dissatisfactions or
one group being regarded as receiving more favorable treatment than
another and in the interest of maintaining a reasonable and fair
City salary and classification plan, I commend your favorable con-
sideration of adopting alternatives 2 , 3 , and 4 above.
UR L. WARDEN MLW:ad
/ 6-19-80
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DON SYLVIA • _
FIRE CMI[, PHONE 6
AREA COODEDE 41
SOS
Atascadero Fire Department
6005 LEWIS AVENUE
!ATASCADERO, CALIFORNIA 93422
June 24 , 1979
KEMORANDUM 'OF-UNDERSTANDING
SALARY and BENEFITS
I . SALARY and WAGES
A . Monthly salaries effective July 1 , 1979 shall be as
follows :
I II III IV V
Firefighter 1109 1164 1222 1284 1348
Engineer 1216 1276 1340 1407 1477
Captain 1385 1454 1527 1603 1684
Individual classifications shall be as follows :
Goodwin - Captain . . . . Step V @ $1684 per Month
Hicks - Captain . . . . Step IV @ $1603 per Month
McCain - Captain . . . . Step IV @ $1603 per Month
Platz - Engineer . . . Step III @ $1340 per Month
Fletcher - Engineer . . . Step II @ $1276 per Month
Gaw - Engineer . . . Step II @ $1276 per Month
Snow - Firefighter. Step II @ $1164 per Month
Simoneau - Firefighter. Step II @ $1164 per Month
Dahlen - Firefighter. Step I @ $1109 per Month
B . Effective July 1 , 1980 , salaries shall be increased by
80% of the Consumer Price Index cost of living increase for the
period February 1979 to February 1980 as published by the State
of California , Division of Labor Statistics and Research for
the State of California . If the cost of living is greater than
11%, the firefighters association have the option to renegotiate
salaries .
C . Effective July 1 , 1981 , salaries shall be increased
by 90% of the Consumer Price Index cost of living increase for
the period February , 1980 to February, 1981 as published by the
State of California , Division of Labor Statistics and Research
for the State of California . If the cost of living is greater
\_ than 11%, the firefighters association have the option to
renegotiate salaries .
bSemorandum of Unrl-rstanding --
Page 2 , June 24 , 379 •
II . LONGIVITY A
A. Effective July 1 , 1979, all employees with fifteen years
( of service with Atascadero Fire District shall receive a 2%
pay increase of the base pay rate for the particular position.
Indivuduals affected :
Goodwin - Captain , Employed June 8, 1964 2%
Step V 1684 = 2% -= $1718 per month .
B . Effective July 1 , 1980 , employees shall receive a
longivity pay increase over the base rate for service with
Atascadero Fire District as full paid employees as follows :
5 years of service 2 . 5%
10 years of service 5 . 0%
15 years of service 7.5%
20 years of service 10.0%
III . DENTAL INSURANCE
A . Effective July 1 , 1979, the Ditrict agrees to provide
dental insurance for all permanent district employees who work
32 hours or more a week . This insurance is provided by contract
with California Dental Service and is listed as plan V at a
cost of:
$11 .05 for one party
$18 .83 for two party
$33 .37 for three party +
IV . HEALTH INSURANCE
The district will continue to pay the full cost of the
health insurance premium for both the employee and dependant( s)
(Blue Shield Plan) , or the equivelent amount for other optional
plans available .
V . HOLIDAY COMPENSATION
The District will continue to grant nine 24 hour shifts
of time off for holiday compensation . Effective July 1 , 1979,
the benefit shall be taken in the following manner.
Each permanent safety employee on a 24 hour shift schedule
will be credited with 54 hours of holiday time for each three
month period . This time must be taken off during the same
period , or it will be compensated by paying the unused balance
at straight time .
IncmVi4114ui11 V1 111LLC1 J1.411(}111
Page 3 , June 24� 979 •
VI . MAINTENANCE OF BENEFIT
All benefits received by employees and not deleted or
Cmodified by this benefit schedule shall continue to be received
by all employees entitled to them.
Signed and agreed to by the below named individuals .
ATA-SCADERO FIRE PROTECTION ATASCADERO FI FIGHTERS
QRu
ICT AS IA TION
�n o
ell Wright J k Goodwin
251crd� �q�� [�-Z�--7y
DATE DATE
seph inehart Michael Hicks
-45=79
ATE DATE
rn� C y. -
Area Code 805
ARscadero Fire Department
6005 LEWIS AVENUE
CATASCADERO, CALIFORNIA 93422
MEMORANDUM OF UNDERSTANDING
SALARY AND BENEFITS
EFFECTIVE 7-1-78 May 8, 1978
I . SALARY:
Monthly salaries shall be as follows :
I II III IV V
Firefighter. 1045 1097 1152 1210 1270
Engineer 1146 1203 1263 1326 1392
Captain 1305 1370 1439 1511 1587
Individual classifications shall be as follows:
Goodwin - Captain Step V @ 1587 Per Mo .
Hicks - Captain Step III @ 1439 per mo .
McCain - Captain Step III @ 1439 Per mo ,
Baer - Engineer Step IV @ 1326 Per mo .
Platz - Engineer Step II @ 1203 Per mo,
Surles - Firefighter Step III @ 1152 Per mo .
Fletcher - Firefighter Step II @ 1097 Per mo .
Gaw - Firefighter Step II @ 1097 Per mo .
King - Firefighter Step I @ 1045 Per mo .
II . OVERTIME
All overtime shall be paid at the rate of 12 times
the regular hourly rates .
III . WORKWEEK
The hours worked per week for shift personnel shall be
56 hours per week.
IV . HOLIDAY COMPENSATION
Captains Goodwin, Hicks, and Mc Cain will be paid for
their retroactive holiday benefit . This will place all
personnel on the same holiday compensation system .
V. UNIFORM ALLOWANCE
The uniform allowance shall be $175 .00 peraaeAth yeap
for full time personnel.
Memorandum of U standing
Page 2, May 8, 1V8 •
VI . HEALTH INSURANCE
The District will continue to pay the full cost of
the health insurance premium for both the employee
and dependant( s ) .
VII. MAINTENANCE OF BENEFIT
All benefits received by employees and not deleted or
modified by the benefit schedule shall continue to
be received by all employees entitled to them .
Signed and agreed to by the below named individuals .
ATASC D 0 ISTRICT ATASCADERO FIREFIGHTERS ASSN.
- .��, °�
M hael Cox Michael Hicxs
William Draper, Jac Goodwin
C
Adopted by Board of Directors May 15, 1978 • "Motion by Wright,
second by Degnan that salary and benefit Memorandun of Under-
standing dated May8, 1978 be adopted with the stipulation
that this memorandum of understanding shall be contingent upon
and bearing upon this Board only if sufficient revenues actually
exist with the Atascadero Fire Protection Ditrict at the
time the final budget is set and that a dental plan study
will be initiated during the fiscal year 1978-?9, seconded by
Degnan - motion was carried, 5 ayes . "
PAY STEPS
Five step pay range . Hire at step I for
firefighter. Step II on completion of six month
satisfactory service . Step III at the end of 12
month satisfactory service . Probationary period
to be one year from date of hire . Step IV at
the end to two years of satisfactory service .
Step v at the end of three years of satisfactory
service .
Engineers and Captains may be hired above
first step in pay range if exceptionally qualified .
On internal promotions , individuals would be ap-
pointed at the pay rate in the new classification
that would be a pay raise with one years proba-
tion from date at promotion. Future pay raises
r would be governed by the required waiting period
for that step i . e . promoted from step V engineer
at 1178 per month to Captain step III 1202 ; raise
to step IV at the end of one year satisfactory
service and step V at the end of two years satis-
factory service .
WAGES 1977-78
I II III IV V
Fireman 942 990 1040 1092 1146
Engineer 1026 1078 1132 1188 1248
Captain 1155 1212 1272 1336 1402
Chief 1776 1866 1958 2056 2160
Secretary $3. 75 per hour, 16 hrs . per week for
50 weeks .
Board Secretary $12 .00 per meeting.
• PHONE 48
Area Coddas 805
1 Fire
li
AtasCadero re Department
C8005 LEWIS AVENUE
ASASCADERO, CALIFORNIA 92422
June 15 , 1976
SALARY & BENEFITS ESTABLISHED AS OF 7-1-76
I . Wages — Monthly
I II III IV V
Fireman 890 935 982 1031 1083
Engineer 970 1081 1069 1122 1178
Captain 1090 1145 1202 1262 1325
Asst. Chief Captains Pay plus $50. 00 1375
Chief 1680 1764 1852 1944 2041
rr .,
Secretary-. S3 . 51 per hour, 16 hrs per week for 50 weeks
Board Secretary S12 .00 per meeting 1
Individual Classifications Shall be as Follows.
CPlatz - Fireman, Step I @ 890 per mo .
Baer —,' Fireman, Step IV @ 1031 per mo .
McCain — Engineer, Step V @ 1178 per mo .
Hicks — Engineer, Step V @ 1178 per mo .
Hughes — Engineer, Step V ¢ 1178 per mo.
Goodwin — Captain, Step V @ 1325 per mo ,
O 'Malley — Asst. Chief, Step V Captain plus $50.00 @ 1375 per mo.
Sylvia — Chief, Step I @ 1680 per mo.
Cochoran — Secretary $3. 51 per hour.
II . Uniform Allowance
The uniform allowance is to be one hundred dollars (5100.00)
per year effectice 7-1 -76. This will be disburser) in two (2 ) payments ,
the first in July , 1976 S50.00 and the second in January, 1977 $50. 00.
III . Sick Leave
The District will amend its contract with PERS to provide
conversion for unused sick leave on retirement. Sick leave will be
earned at the rate of 12 hours per month effective 7-1 -76 . Accum
ulation of unused sick leave is unlimited , except that the maximum
number of shifts that will be converted for retirement is 120 shifts.
Usage of sick leave will be in accordance with the attached guide
lines.
SALARY & BENEFITS AeF 7-1 =76 i
June 15 , 1976
page 2
CIV. Vacation
Vacation leave shall be based on the following :
1 to 4 years inclusive service . . . . . . 6 shifts per year
5 to 9 years inclusive service . . . . . . 8 shifts per year
10 years and over service . . . . . . . . . . 10 shifts per year
The vacation schedule of present employees of 7 shifts per year will
not reduce for employees having less than 5 years of service .
Increases for those employees will be granted as warranted underithe
new schedule .
Vacation leave will be granted in accordance with the guide lines.
V. Health Insurance
The District will continue to pay the full cost of the health
insurance premium for both the employee and dependent.
VI . Maintenance of Benefits.
All benefits received by employees and not deleated or modified
by this benefit schedule will continue to be received by all employees
entitled to them.
VII . Hours reduction effect on benefits received
It is understood that if there is a change in the number of
hours worked by shift employees , all benefits that are based on
the number of hours worked each week will become negotiatable .
• SICK LEAVE: •
CB. Sick Leave Usnge
I . Exposure to communicable or infectious disease is a valid
reason for sick leave if it requires isolation or quarantine.
Examples of such diseases are : diptheria, meningitis , polio—
myelitis , and scarlet fever.
2 . Emotional disturbance or mental illness which clearly prevents
the employee from working is a valid reason for sick leave . A
physician ' s certificate should be required to substantiate the
absence .
The Captain shall inform The Chief immediately upon receipt of
any information that indicates an employee is in an emotionally
disturbed condition , or suffering from any mental disorder. All
factual information and background shall be submitted with the
report.
3. Absence due to the intemperate use of intoxicating beverages or
sedatives is not a valid reason for sick leave.
4 . Minor complaints , such as backache , earache , sunburn, headache ,
nosebleed , tooihache , ;,ausen , or muscular aches and pains usually
are not valid reasons for sick leave unless the employee is
clearly unable to work, fri medical or dental care is required .
5 . Iespirntory infections including colds or allergies, such as hay—
fever, which clearly prevent the employee from working are valid
reasons for sick leave . Repeated absences for these reasons in—
dicate a need for medical attention and it would be reasonable to
require a physician ' s certificate to substantiate the need for
sick leave .
6 . Surgery of a minor nature , such as the repair of minor lacerations
and the removal of small cysts and moles , will normally require
only a few hours of sick leave .
7. Sick leave while on vacation is authorized only when, because of
a major illness or injury, the employee is confined to a hospital
or residence and unable to continue his vacation activity . Sick
leave of this type should be approved only when certified by the
attending physician in the locality where the illness or injury
was treated.
8. Appointments with physicians , dentists , and other practitioners
are normally valid reasons for sick leave .
9. Normally , not more than two hours are authorized for each appoint.—
ment , except under unusual circumstances . Additional time may be
granted if it is clearly needed . It is suggested that appointment
be made at an hour that will minimize the time awav from the job .
The officer in charge should exercise judgment in determining the
actual amount of time needed for medical appointments. Factors th
may have a bearing on time used are as follows :
a. Medical or dental services unavailable or inadequate in the
immediate vicinity.
b. A seri emergency existed. •
C . Employee required to wait beyond his planned appointment
time .
d. Location of the employee ' s personal health service .
10. Time off to take physical examinations for the reasons listed be—
low may be taken with pay by the employee , and the absence is
not charged to sick leave or other credits .
a. As a part of a State civil service examination.
b. Required to evaluate an employee ' s capacity to perform
the duties of his position.
C . Required for entry into the recognized military service .
d. Ordered by the State Compensation Insurance Fund.
11 . Medical examinations for a life insurance policy, a teacher ' s
credential , a marriage license are not valid reasons for sick
leave .
12 . For sick leave purposes , "family member" is considered to be
either (a) mother, father, husband , wife , son, daughter, brother
or sister of the employee , whether residing in the same or dif—
ferent household , or (b ) anv other person, excluding servants ,
C roomers , or roommates , living in the immediate household of the
employee .
13. Family care sick leave is primarily for emergency family situa—
tions . The employee is expected to make other arrangements as
soon as possible so that he may return to work.
14 . An employee may use up to 5 shifts of his sick leave credits
for family care during any one calendar year. This time al—
lowed is in addition to any sick leave taken because of death
in family.
15 . To provide home care for family members who are seriously ill
or injured is a valid reason for family care sick leave when
there is no other person who is available or capable of pro—
viding care and attendance .
16. Surgery or critical illness requiting hospitalization of a
family member may justify the use of sick leave by an em—
ployee if no one else is available to furnish transportation
and attendance . Up to 1 shift of sick leave may he taken on the d
of the operation or critical illness and up to 1 shift when the
family member is released from the hospital . Additional absence
on sick leave may be authorized only if a doctor provides a
written statement that the employee ' s presence was required at
j the hospital .
17. An employee whose wife is giving birth to a child may normally
use 2 shifts of family care sick leave — 1 shift on the day of
birth of his child and 1 shift when his wife is released from the
hospital . Sick leave will ordinarily not be authorized for an
employee Cher than a husband to attOd a family member during
her confinement.
C 18. Miscarriage or threatened miscarriages are valid reasons for
sick leave . Employee may use 1 shift.
19. Accompanying or transporting family members to dentists ' or
doctors ' offices , whether in or out of town, for routine
treatments , examinations , and laboratory tests is not normally
a valid reason for sick leave . An exception may be made in
the case of children or the infirm who require the employee ' s
personal attention.
20. Absence to care for an adult family member who has a common
cold or other minor illness is not a valid use of family care
sick leave .
21 . Absence to care for, supervise , or prepare meals for children
with a minor illness or injury is a valid use of family care
sick leave , for a reasonable length of time , while other ar—
rangements are being made .
22 . Family care sick leave is not authorized for household duties ,
the care of well children, or simply to provide companionship.
23. Sick leave for family care while the employee is on vacation
is nol, authorized as the employee is already available .
C 24. The death of a person related by blood , by adoption, or by
marriage , or any person residing in the immediate household
of the employee may be an authorized reason for sick leave .
25 . Up to five shifts of sick leave may be taken for each such
death, regardless of any sick leave that may already have
been taken to care for an ill family member.
Five shifts of sick leave are not granted automatically for
every death. The Chief should exercise his judgment as to
the time required by the employee . This is affected by
several factors , such as relationship to the deceased , re—
sponsibility for arrangements , and the date and place of the
services .
26. If an employee is on vacation, sick leave for family death
should be authorized only when the deceased is very closely
related to the employee , such as -mother, father, son, daughter,
husband , wife , brother, sisiter, or a person residing in the
immediate household ( except servants , roomers , or roommates ) .
TO: City Manager
FROM: Finance Director
SUBJECT: Police Communications Lease Agreement
Attached are the final documents drawn between the City and
Mid-State Bank to accomplish the lease of Police Communications
equipment. Mid-State has approved a 60 month lease agreement
at a 7. 5% simple interest rate, with payments of $1,518 . 88 per
month. They have also approved an Optional Advance Note which
allows for payment of each item as received until the total
purchase is completed. Once all equipment has been received,
the Optional Advance Note is retired and the total obligation
is assumed by the Lease Agreement. You will note on page 2 of
the Lease Agreement the special conditions of termination
required by law for a municipality in the event a future
Council should fail to appropriate sufficient funds.
It is requested that Council approve this Lease Agreement by
specific approval of both the Optional Advance Note and Lease
Agreement. It is also requested that the motion include the
authorization for the City Manager to sign all necessary
documents for the accomplishment of both the Optional Advance
Note and Lease Agreement.
RHD
LEASE AGREEMENT
THIS AGREEMENT (hereinafter called "the Lease") entered into this
day of , 19 , by and between Mid State Hank, a California
Corporation hereinafter called "Lessor" and City of Atascadero County of
San Luis Obispo, State of California, hereinafter called "Lessee".
WITNESSETH:
Lessor hereby leases to Lessee and Lessee hereby hires of and from
Lessor, for a period of 60 months from and including the 10th day of
August, 1980, to and including the 10th day of July, 1985, (hereinafter
called the "full term") the following described property (hereinafter called
the "Units" and individually a "Unit"): to be located at6300 Palma Avenue
in the City of Atascadero.
DESCRIPTION OF EQUIPMENT
See Attached Lists
Lessee shall pay Lessor as rental charges, an amount computed as
follows:
Simple Interest Rate 7.50 % 1. Cash price of the Units $71.498.22
2. Sales or Use Tax $__4.289.89
3. Total ( 1 plus 2) $75.788.11
4. Interest charges on net
rental $15,332.80
5. Total $91.120.91
<r Lessee agrees to pay the amount of total unpaid rental charges in install-
ments as follows: _
60 Monthly payments of $1,518.88
Lessee's Copy -
page 1 of 4
a. Lessee agrees to use each Unit only for the purpose for which it is
designed and in accordance with all applicable laws and regulations. Lessee,
at its own cost and expense, shall keep the Units in good repair, condition
and working order. Any additions and improvements made to the Units shall be-
come the property of Lessor.
b. Lessee assumes and shall bear the risk of loss and damage to the Units
from any and every cause whatsoever. No loss or damage to the Units shall
impair any obligation of Lessee under the Lease. Lessee assumes all risks
and liability for the Units and for the use, operation and storage thereof,
and, for all damages to persons or property howsoever arising from such use,
operation or storage and agrees to indemnify and hold Lessor harmless from
all of the foregoing. Lessee shall maintain insurance covering the foregoing
risks, in form, amount and with companies approved by Lessor. Lessee shall
pay the premium therefor and furnish Lessor with evidence satisfactory to
Lessor of such coverage.
c. Lessee shall pay all license fees, registration fees, assessments,
charges and taxes which may now or hereafter be imposed by the United
States of America, the State of California or any political subdivision
thereof or therein, upon the ownership, leasing, renting, sale, possession
or use of the Units, excluding taxes on or measured by Lessor's net
intone.
d. If Lessee does not pay any amount due or to become due hereunder or
defaults in the performance of any of the terms or conditions hereof, Lessor
may, by written notice to Lessee, terminate all Lessee's rights hereunder
and, thereupon, Lessor shall be entitled to possession of the Units and shall
have the right to recover any and all amounts then due or which may have
accrued to the date Lessor receives possession.
e. Upon termination of this Lease for any reason before the end of the
full term. Lessee, at its cost, shall deliver the Units to Lessor, at such
place within the County where the Units are located as may be specified by
Lessor, in as good condition as when delivered to Lessee, reasonable wear and
tear excepted.
f. If Lessee complies with all of its obligations hereunder and this
Lease has not been terminated before the full term thereof, the Units shall
thereupon become exclusively the property of Lessee, free and clear of any
liens and encumbrances.
g. Lessee shall not assign, sublet or create a security interest in
this Lease, the Units or any of its rights therein, without the prior writ-
ten consent of Lessor.
h. Lessee hereby waives any and all existing and future claims and
offsets against any rent or other payments due hereunder, and agrees to
pay the rent and other amounts due hereunder regardless of any offset or
claim which may be asserted by Lessee or on its behalf.
i. LESSEE AC K'NOl•7LEDGES THAT EACH UNIT IS OF A SIZE, DESIGN, CAPACITY,
AND MANUFACTURE SELECTED BY LESSEE. LESSOR IS NOT A AANUFACTURER OF THE UNITS
OR A DEALER IN SIMILAR EQUIPMENT, DOES NOT INSPECT THE UNITS PRIOR TO
DELIVERY TO LESSEE AND HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION,
WARRANTY, OR COVENANT 14TTH RESPECT TO THE CONDITION, QUALITY, DURABILITY,
SUITABILITY, OR =-RCH.ANTABILITY OF THE UNITS IN ANY RESPECT, OR ANY OTFER
REPRESENTATION, `dARFL4NTY OR CONVENAtIT, EXPRESS OR IMPLIED. LESSOR WILL,
HOPBVER, TAKE f:NY STEPS REASONABLY. 1,ITHI1r ITS POWER TO ;!AFC; AVAILABLE TO
LESSEE ANY TIANUFACTURER' S OR SI;!ILAR WARRANTY APPLICA3LE TO THE UNITS.
LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LIABILITY, LOSS, OR DAJIACE
CAUSED OR ALLEGED TO BE CAUSED DIR,CTLY M INDIRECTLY BY THE, UNITS. BY
ANY INADEQUACY THEREOF OR DEFICIE.h;CY OR DEFECT THEREIN OR BY ANY INCIDENT
WHATSOEVER 114 CONNECTION THEREWITH.
j. Two counterparts of this Lease have been executed by the parties
hereto. One counterpart has been prominently marked "Lessor's Copy".
One counterpart has been prominently marked "Lessee's Copy". Only the
counterpart marked "Lessor's Copy" shall evidence a monetary obligation of
Lessee.
k. This Lease shall be governed by and construed under the laws of
California.
1. Special conditions:
Lessee may terminate this Lease before the
end of the full term with a ninety day (90 day) written notice
to the Lessor , should the City Council of the City of Atascadero
Lessee's Copy
oaoa 2 of 4
fail to appropriate sufficient funds to continue payments under this
Agreement.
Mid State Bank a California Corporation City of Atascadero
(Lessor) (Lessee)
By By
L.M. Kennedy, Asst. Mgr. Murray L. Warden, City Manager
IN WITNESS WHEREOF; the parties hereto have signed this Lease the day and
year first above written. _
City of Atascadero
Lessee
Mid State Bank a California Corporation By
Lessor Title
By. APPROVED AS TO FORM
Title
CITY P.iTpRNEY
This lease to renew note dated June 10,1980.
Lessee's Copy
page 3 of 4
ITEM COST
1. Radio Console - Master Unit
(to be housed in Dispatch Room) 1 each $21,777.00
2. Coenand Center Radio Equipment:
A. "Master Exec II" Station 1 each 1,902.00
B. MVP Monitor Receiver 460.150 MHz 1 each 249.00
C. MVP Monitor Receiver 460.475 1 each 249.00
D. MVP Monitor Receiver 460.050 1 each 249.00
E. MVP Monitor Receiver
Med-1 Med-4 1 each 440.00
F. MVP Monitor Receiver 151.325 1 each 394.00
G. MVP Monitor Receiver 42.56 1 each 394.00
3. Pine Mountain Radio Site Equipment:
A. Police Transceiver Master II
40 watt repeater station 1 each 3,244.00
B. Fire Transceiver Master II
100 watt remote simplex base 1 each 1,619.00
C. Local Government &
Dial-a-Ride transceivers 2 each 6,420.00
4. Mobile & Portable Radio Equipment:
A. Police Mobile Transceiver 6 each 7,932.00
B. Police Hand-held Transceiver 6 each 7,920.00
C. Desk Chargers for Portables 6 each 438.00
D. Radio 10-unit Multi-charger
for Portables 1 each 450.00
5. Local Government Mobile & Portable Radios:
A. L.G. Hand-held Portable w/Case 3 each 3,435.00
B. Vehicular Charger w/Case &
Antenna 3 each 627.00
C. Desk Charger for Portables 3 each 219.00
6. Antenna Equipment - City Hall & Pine Mountain:
A. All antennas w/cahle & mounting
hardware ------ 3,234.06
B. Tower - 60' - Pine Mountain
Site 1 each 3,932.57
7. Steel Building w/air conditioning
and heating unit - 10' x 7' on
Pine Mountain site 1 each 1,893.59
--
B. Battery Charger w/heavy duty
batteries (emergency back-up)
Pine Mountain site _ 1,415.00
9. Teletype - Modular Terminal w/micro
Printer (computer tie-in) 3,065.00
Communications Equipment Total = $71,498.22
Sales Tax = 4,289.89
GRAND TOTAL =,$75,788.11
Lessee's Copy
page 4 of 4
M E M O R A N D U M
TO: Citv Manager DATE : June 19 , 1980
FROM: Planning Director
SUBJECT: CO 79-91, PROPOSED LOT DIVISION OF LOT 27, BLOCK 47,
ATASCADERO COLONY, SAN FERNANDO ROAD - Aggson/Vreeken
BACKGROUND:
This matter was initially scheduled as a Consent Calendar item
on the June 9 meeting but was withdrawn to allow evaluation of
the pricise wording in Conditions 1 and 2 . The primary concern
was that the Citv would be committing itself irrevocably to the
assessment district/cooperative effort approach in times of
budgetary uncertainties. The following addition to the end of
Condition 1 should alleviate this concern:
" . . .and/or City Council. Furthermore, said road
improvement condition does not bind the Citv to
accept, Darticipate in, or fund anv such effort.
It shall be the responsibility of the applicants
to take the initiative in compliancherewith. "
e
PLANNINA COMMISSION RECOMMENDATION:
At their meeting of June 2 , 1980 , the Atascadero Planning Commission
reviewed this road exception request rejecting the recommendations
for denial of the Countv Subdivision Review Board and County Engineer
and recommended that it be granted subject to the following findings
and revised conditions :
Findings
1. Modification of the road improvements as recommended would
not be detrimental to the traffic circulation, Dublic utility
and storm drainage systems since a joint effort will provide
the most effective approach for the improvement and eventual
maintenance of roads serving the subject and adjacent lots
on San Fernando.
2. The use of an assessment district or similar approach is a
more equitable way to provide road improvements .
3. Adequate access can be provided to the subject lots at the
time of their development by minor grading and surface treat-
ment pending development of full road improvements .
Conditions
Delete Conditions 6 , 7 , 8 and 9 and substitute the following condi-
tions in lieu thereof:
CO 79-9 • •
June 19 ,, 1980
Page Two
1. Prior to recordation of the Final Map, the applicants shall,
in a form acceptable to the City, agree to participate in an
assessment district or similar cooperative effort at an undet-
ermined future date to provide road improvements in conformance
with City standards on San Fernando Road. Said agreement shall
be noted on the Final Man and/or otherwise recorded and said
road improvements shall be provided within three years from
the date of recordation of the Final Map. An extension of
time to a longer term may be granted by the Planning Commission
and/or City Council.
2. In conjunction with the issuance of a building permit on either
lot, Drovision shall be made for adequate access from the nearest
paved road. Adeauate access shall include grading as deemed
necessary in the road right-of-wav and on the site (s) and
shall include all-weather surfacing with the design and materials
subject to prior review and approval by the City Planning and
Public Works Departments. Maintenance of said adequate access
shall be the responsibility of the property owners .
In considering this recommendation, the Planning Commission discussed
at length the various alternatives outlined in my memo (which was
prenared in close consultation with the Public Works Director) and
concluded that the assessment district/joint effort approach was
the fairest way to obtain desirable road improvements .
A couple of area residents spoke in support of the assessment
district/ioint effort approach. One area resident, while not opposed
to the road exception, pointed out problems associated with parking
on the paved nortion of San Fernando during the wet weather season.
The applicants are in agreement with the recommendation of the
Planning Commission.
LARTRF.NCE ST cNS URRAI' L. WARDEN
Planning Di tor City/Manager
.• NCTL�ES`
Planning Department
1 County of San Luis Obispo
May 12, 1980
Honorable Atascadero Planning Commission
and City Council
City of Atascadero, California
Dear Ladies and Gentlemen:
SUBJECT: CO 79-91, PROPOSED LOT DIVISION OF LOT 27, BLOCK 47, ATASCADERO
COLONY, SAN FERNANDO ROAD, CITY OF ATASCADERO.
(A-1-BV-3-D(508) : LOW DENSITY URBAN RESIDENTIAL) (AGGSON - LENGER)
SUPERVISORIAL DISTRICT #1 (884: 5/3/79)
RECOMMENDATION AGAINST ROAD EXCEPTION
RECOMMENDATION ON ROAD IMPROVEMENTS
At a regular meeting of the County Subdivision Review Board, the attached
subdivision was considered and is being referred to you for required
action.
Respectfully submitted,
�
LARRY J. RED, Supervisor
Subdivision Review Section
ca
Attachment
cc: County Engineer
County Health Department
ROOM 102,COURTHOUSE ANNEX•SAX LUIS OBISPO.CALIFORNL498408•TELEPHONE(805)549-5600
REPORT OF THE SUBDIVISION REVIEW BOARD MEETING MAY 7, 1980
RE: CO 79-91, PROPOSED LOT DIVISION OF LOT 27, BLOCK 47, ATASCADERO
COLONY, SAN FERNANDO ROAD, CITY OF ATASCADERO.
(A-1-BV-3-D508: LOW DENSITY URBAN RESIDENTIAL) (AGGSON - LENGER)
SUPERVISORIAL DISTRICT &1 (884: 5/3/79)
RECOMPIENDATION FOR DENIAL OF ROAD EXCEPTION REQUEST
EIR: CONDITIONAL NEGATIVE DECLARATION
SRB Members in Attendance: Chairman, Colonel Sorenson, Larry Red, John Wallace,
John Hofschroer, Bill MacDonald, Jerry Erickson
Planning Commissioner in Attendance: Blair Shurtle£f
Legal Counsel Present: None
Specific Request
This application has been returned to the Subdivision Review Board for
consideration of an adjustment to standard road improvement require-
ments. Previous review was on November 7, 1979, with subsequent consider-
ation by the Atascadero Planning Commission on December 3, 1979, and
approval by the City Council on December 12, 1979.
PROJECT DESCRIPTION
This application proposes a subdivision of a 5 acre site into two parcels
of 2.5 acres each. The site is located on the northerly side of San
Fernando Road in the Las Encinas area of Atascadero.
Zoning: A-1-BV-3-D508: "Light Agriculture" with a slope related
density and a 2 acre minimum.
General Plan: 1978 Atascadero Area General Plan: "Low Density Urban
Residential" (211-10 acres in areas without sewer service)
COMn1ENTS
Environmental Determination
A Conditional Negative Declaration was issued by the Environmental
Coordinator on October 5, 1979, stating that the project will not have
a significant effect on the environment and therefore does not require
the preparation of an Environmental Impact Report, subject to the
following condition:
"A preliminary Soils Report prepared by a registered Civil Engineer
in accordance with Sections 17953, 17954, 179SS of the California
Health $ Safety Code must be submitted to the County Engineer' s
Office prior to the filing of the Parcel Map with the County
Engineer's Office. Soil report should emphasize soils stability
for residential development."
CO 79-91
Page 2 • .
Site and Area Considerations
The site is characterized by moderately sloping terrain that is for the
most part covered by annual grasses, mature oaks and brush. The County
Seismic Safety Element indicates that the area may be subiect to a
moderately high risk from landslide. The County Fire Hazards map
indicates that the area is designated as being subject to extreme fire
hazard. The Soil Conservation Service makes note that the area may be
subject to a high potential for erosion.
. The character of the area is primarily single family, rural residential
in nature, with the surrounding parcels ranging in size from 1.5 acres
to 10 acres. The physical characteristic of much of the surrounding
area is basically similar, consisting of moderately to steeply sloping
hillsides with moderate to heavy vegetation cover. San Fernando Road
in this area is an unimproved road in a 40 foot right-of-way.
Zoning and General Plan Considerations
The site and adjacent properties are zoned A-1-BV-3-DSOS, a Light
Agricultural classification with a slope related combining designation
and a two acre minimum. The B-V-3 combining district would allow 2.5
acre parcels providing the average slope does not exceed 200. The average
slope on Parcel A is approximately 15% and that on Parcel B is 14%.
The 1978 Atascadero Area General Plan designates the area as Low Density
Single Family Residential. The site is outside the Urban Services
Boundary, and San Fernando Road is designated as a Local Street. The
General Plan contains the following comments pertinent to this project.
"Land Use Policy Proposals
2. The type and extent of services provided within the Urban
Reserve Area will depend on whether land is in the Urban or
the Suburban Services Area. Properties outside the Urban
Services Line should be evaluated for lot size based on the
Suburban Residential range (2= to 10 acres) until sewers are
available. (p. 42)
Low Density
Minimum lot sizes within the Urban Services Area should range from
112 to 2�1 acres. Determination of appropriate lot sizes should be
based upon such factors as the availability of services, especially
sewers; slope of access road to building site; distance from the
center of the com,unity; general character of neighboring lands;
soil percolation; and the area needed for access roads to the
building sites . (p. 44)
i
CO '9-91
Page 3 • •
Residential Policy Proposals
S. Residential density should decrease as one moves outward from
the core, in order to maintain the rural atmosphere of the
community. This can be accomplished by a graded increase in
lot size and a graded decrease in the permitted density of
population.
10. Lot splits should be thoroughly evaluated and be in accordance
with community plans and principles. Strict adherence to the
lot sizes defined in this plan is essential in order to retain
the desired character of the community. Creation of lots
smaller than those recommended must not be permitted if the
maximum population of approximately 30,000 is to be maintained.
11. Attention should be paid to the aesthetic result of land division.
Building sites should be encouraged on natural slopes, with
minimal disruption of native vegetation and watersheds, and
efficient layout of access and utilities.
12. A program should be developed to encourage the preservation of
trees, watersheds and natural slopes and other natural amenities
from abuse and destruction resulting from poor design and develop-
ment practices. (p. 45 f, 46)
The Suburban Residential section also contains the following guidance:
Lot sizes should be 2', acres or more. Determination of appropriate
lot sizes should be based upon such factors as slope of the access
road to the building site, availability of services, distance from
the center of the community, general character of neighboring lands,
percolation and the area needed for access road to building site."
Cp. 44)
The Circulation Element of the plan contains the following recommendation:
"S. Local Streets
Further studies of local street patterns are needed. Every
effort should be made to improve Atascadero's streets to the
criteria defined in this section, while retaining the rural
character. At the present time street conditions in many
ureas of .4tascadero are below the level expected by the
people." (p. S9)
Ordinance Considerations
Section 21 .48.090(c) of the Real Property Division Ordinance states:
CO 79-91
Page 4 • •
s
"Cc) Variation from standard improvement specifications and
drawings and/or required offers of dedication may be requested by
the applicant upon written application to the County Engineer
setting forth facts to support the following criteria:
(1) That there are special circumstances or conditions
affecting the property;
(2) That the exception is necessary for the preservation
and enjoyment of a substantial property right of the petitioner;
(3) That the granting of the exception will not be
detrimental to the public welfare or injurious to other property in
the vicinity in which the property is situated, and that it will
not:
(i) Be detrimental to the traffic circulation
system, the public utility and storm drainage systems;
(ii) Result in any increase in the County's mainten-
ance costs;
(iii) Be detrimental to, nor degrade, any portion of
the improvement work involved in the project."
The applicant has indicated that the improvements required are unreasonable
with respect to the division of land proposed. No objection is raised
to improving the road fronting the property, but constructing the
connecting link to Monterey Road is felt to be excessive and an undue
expense.
The County Engineer has responded with a recommendation against granting
the road exception request. The purpose of requiring construction of roads
in accordance with uniform standards is to provide appropriate access for
the increased density resulting from the division of land. No distinction
can be made between immediate and future use. Construction of the road
fronting the site without the connection to Monterey would also result in
additional maintenance expense for the city if excepted into the city street
system. Without proper maintenance and connection to the existing system,
an island type of improvement would also be subject to a higher deterioration
rate.
Additional review indicates creation of 2' acre parcels is not rural
residential in character. Suburban densities create traffic and service
demands which require improved roads . The expense involved for a single
division of land indicates other alternative means of completing the
road should be attempted. It may also be an indication that the parcel
map may be pre-mature relative to a proper sequence of development
extending outward from the more developed portions of the community.
CO i9-91
Page 5 •
RECONNENDATION
Although the City Planning Commission and the City Council will take
final action on this project, the Subdivision Review Board may still
act on this matter. Any action taken will likely constitute an
informal recommendation to the City Council. It should be noted this
staff report and the recommendations are based on County adopted policy,
procedure, plans and ordinances .
The submission of an exception request technically allows a reconsider-
ation of project approval and general plan consistency. However, since
the project was unanimously approved by the City Council, the concerns
expressed in the original Subdivision Review Board report will not be
reiterated, and action should be limited to the road exception request.
However, appropriate road improvements must be carefully considered
relative to General Plan consistency.
After review of available $nformation, the Subdivision Review Board
recommends denial of the road exception request. This recommendation is
based on the findings that the improvements are necessary for future
development of the area, are necessary for the public welfare, that
there are no special circumstances or conditions which would warrant
approval, and that granting the exception would not be consistent with
the policies and principles of the General Plan.
DISCUSSION
Applicant attended the meeting and discussed the road exception request.
The applicant requested a roll call vote: John Wallace made motion to
accetpt the preliminary report as written and John Hofschroer seconded the
motion.
Roll call vote:
John Wallace Aye
John Hofschroer Aye
Jerry Erickson Aye
Blair Shurtleff Aye
Adopted as written.
945
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lift
2021 Alturas Road
Atascadero , CA 93422
April 8, 1980
3 4 5,
San Luis Obispo County Board of Supervis !x(1
Courthouse Annex 10 iC60
San Luis Obispo , CA 93401 ,�;;� sKya. 1
Re: ADJUSTMENT TO ROAD IMPROVEMENTS ?j
CO 79-91 Proposed Lot Division of Lot Bloc' /, Atascadero
Colony, San Fernando Road , City of Ata ade� 6
i
Gentlemen:
On December' 10, 1979 , at a public hearing the Atascadero City Council
approved a subdivision of a five ( 5) acre site on San Fernando Road
in the city of Atascadero into two 23 acre parcels with certain re-
commendations from the San Luis Obispo County Subdivision Review Board.
We , Barry & Rose Aggson and Carl & Alice Vreeken are in accord with these
recommendations with two exceptions :
Item 6: "That San Fernando Road fronting said property be
improved in the following manner:
2/3 of an A-5 rural section fronting the property
and extending to Monterey Road . "
Item 7: Wherein it pertains to the road improvement ex-
tending to Monterey Road.
We are aware of the Subdivision Map Act as amended January 1, 1979 ,
Article 1, (Amended , Chapter 938, Statutes of 1976) Section 666411.1:
Whenever a local ordinance requires improvements for a
division of land which is not a subdivision of five or more
lots , such regulations shall be limited to the dedication of
rights-of-way, easements , and the construction of reasonable
offsite and onsite improvements for the parcels being created .
Also of Title 12, San Luis Obispo County Real Property Division Ordinance ,
Section 21 . 48.080 Factors to be considered :
The subdivision review board report shall consider and make recommen-
dations as- to whether the following conditions are met:
( c) Access and circulation. The following standards shall be
applicable to property proposed for division to promote
adequate access and circulation.
i •SLO County Board of Supervisors/Aggson & Vreeken ( cont. ) -2-
April 8, 1980
(1) Any existing or new street, intended or necessary for or
serving as the principal means of vehicular access to the
property shown on the tentative map, shall have a minimum
. . . . . . improvement of said street shall be pursuant
to•Section�21.48.130 (When improvements are required to be
made as a condition of approval of a map, the standard of
improvements required shall be reasonable for the parcels
being created and shall not exceed those prescribed by the
"Standard Improvement Specifications and Drawings" . . . . . . . . .
( 2) The division should provide for the opening or extension of
streets for traffic circulation for the convenience, safety
and welfare of the lot owners within the division and the
local neighborhood; . . . . . . . . . . . . . . .
We are requesting an adjustment to the above road improvements for
the following:
San Fernando Road presently measures close to one mile from the inter-
section of San Fernando Road and Monterey Road to the intersection of
San Fernando Road and Balboa Road. San Fernando Road at present is
asphalted (not as a 2/3 of an A-5 rural road) . 3 mile from the inter-
section of Monterey Road and San r'ernando Road. The property owners
fronting on this portion of San Fernando Road do not wish to have the
road improved (we are presently obtaining written verification from
the property owners) because they feel it would create too much traffic,
and they want to retain the rural atmosphere . Larry Stephens ' property
fronts on the next . 2 mile of San Fernando Road. Our property fronts
on the next . 2 mile of San Fernando Road . We are willing to improve
that portion of the. 2 mile that fronts on our property to the 2/3 of an
A- 5 rural road. Since that . 2 mile involves the major portion of San
Fernando Road that will have to be carefully engineered because of the
terrain and will also be the most costly to build , we feel that it is
unreasonable that we have to improve the whole . 6 mileto the intersection
of -ionte.-ey Road and San Fernando hoad.
In asking us to put : in a 2/3 of an A-5 rural road to the existing inter-
section of Monterey Road and San Fernando Road , the county subdivision
review board has fulfilled their obligation to the map act and the county
ordinance but has also lumped us in with the -land owners and realtors who
have and are subdividing land in the community for a profit. We bought
the property in October, 1978, in good faith and with the understanding
that it could be split for our o,.an homes . No one at that time said any-
things about the extensive road improvements we would be cemnelled to do
to build our homes. We are not asking that this property be' divided to
make a profit; just to build our two homes. We are willing to improve
` SLO County Board of Supervisors/Aggson & Vreeken ( cont. ) -3-
April 8, 1980
as requested fronting our property but the review board ' s recommendation
is prohibitive to the tune of at least 70,000 to us. This in essence
is an unreasonable offsite improvement, and we ask that this portion of
the recommendation "extending to iionterey Road" be deleted.
Sinrely,
d / `7) L1
rry. & s Agg n
Carl & Alice Vreeken
Enclosures: MaDS
Report of the Subdivision Review Board Meeting ( Pgs. 1 & 5)
Fee ( ;135)
cc: San Luis Obispo County Planning Department
San Luis Obispo Engineering Department
Larry Stephens, Atascaderc City Planning Director
COUNTY
SRU LUIS 0BISPO COU H Y ENGINEERING
DEPARTMENT
ROOM A101 COURTHOUSE ANNEX SAN LUIS OBISPO . CALIFORNIA
i 93408 . 1805) 549-5252
GEORGE C. PROTOPAPAS ROADS
County Engineer TRANSPORTATION
CLINTON MILNE FLOOD CONTROL
DEPUTY COUNTY ENGINEER WATER CONSERVATION
SURVEYOR
GUY PRE W ITT
SPECIAL OISTRICTS ADMINISTRATOR - SPECIAL DISTRICTS
April 22, 1980
Mr. Barry Aggson et al .
2021 Alturas Road
Atascadero, CA 93422
Subject: Exception to Section 21 .48 .080 of the County Code
for Parcel Map CO 79-91
Dear Mr. Aggson:
We have received your letter regarding the subject exception
and will transmit your request along with a copy of our
response to the - Subdivision Review Board for their recom-
mendation and submittal to the City Council of Atascadero.
We are unable to recommend the granting of an exception to
the ordinance based on your desire to divide your common
interest in the property to enable the construction of an
additional residence rather than the dividing of your prop-
erty for the purpose of sale. The resulting increase in
density is the same and the cummulative increase in the
density is the basic reason for the road improvement re-
quirement.
The construction of the portion of the roadway fronting your
property without the improvement of San Fernando Road to
Monterey Road will not allow the City to accept for main-
tenance that section of the right of way into the street
system without causing additional cost to the City for
maintenance . We therefore, recommend against your request
for an exception to the requirements for offsite improvements .
Sincerely,
GEORGE C. PROTOPAPAS
County Engineer/, //
/,JAMES A. GR:_VFLATEN a a
Assistant Office Engineer
R '2 3 1980
JAG/nt
S.L.O. COUNTY
PLANNING DEPT.
• • VI
M_E_M_O_R A N D U_M_
TO: City Council
FROM: City Manager
SUBJECT: Selection of Mayor and Mayor Pro Tempore
A year has almost passed since incorporation and the
term of Mayor and Mayor Pro Tem will expire as of July 2nd.
It is necessary, therefore , for you to hold a Council
election selecting a Mayor and Mayor Pro Tem for (1) another
one year term, (2) a two year term, or (3) the remainder of
the Council' s term of office which is until the 1982
elections. Most general law cities select a Mayor and Mayor
Pro Tem for a two year term, although there are exceptions.
MY
WARDEN
MLW: d
6-19-80
• ! E.
M_E M O_R A N_D_U M_
TO: City Council
FROM: City Manager
SUBJECT: Ordinance No. 24 , adopting a personnel system
You were previously provided with a copy of Ordinance -
No. 24 which is the basic ordinance establishing a
personnel system. It is being introduced for first reading
Monday night and will be brought to you for second reading
and adoption on July 14th. You have also been provided with
a draft of the personnel resolution which will be used to
implement and supplement Ordinance No. 24. I asked that
you review this draft and return comments to me by June 23rd.
I will put the draft resolution into final form for your
consideration at the July 14th Council meeting. Assuming
everything is satisfactory, the resolution would go into
effect after that date.
MUY LRDE
MLFV:ad
6-19-80
• i
ORDINANCE NO. 24
AN ORDINANCE OF THE CITY OF ATASCADERO
ADDING CHAPTER 2 ENTITLED PERSONNEL SYSTEM
TO TITLE 2 OF THE ATASCADERO MUNICIPAL CODE
THE COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows :
Section 1. Chapter 2 of Title 2 is added to the
Atascadero Municipal Code to read as follows:
TITLE 2 . ADMINISTRATION
Chapter 2 . Personnel System
Section 2-2. 01. Adoption of personnel system
In order to establish an equitable and uniform procedure
for dealing with personnel matters ; to attract to municipal
service the best and most competent persons available; to
assure that appointments and promotions of employees will be
based on merit and fitness; and to provide a reasonable degree
of security for qualified employees, a personnel system is
hereby adopted.
Section 2-2. 02. Definitions
As used in this chapter and any rules or policies pursuant
to this chapter, the following terms shall be defined as follows
unless otherwise indicated:
(a) "Appointing power" shall mean the officers of the city
who in their individual capacities , or as a body, have
the final authority to make the appointment to the posi-
tion to be filled.
(b) "Class" shall mean positions sufficiently similar in
duties, authority, and responsibility to permit grouping
under a common title in the application with equity of
common standards of selection, transfer, demotion and
salary.
(c) "Competitive service" shall mean all positions of employ-
ment in theservice of the city, except those specifically
excluded by this chapter.
(d) "Day" shall mean calendar day unless otherwise stated.
(e) "Employment list" shall mean a list of names of persons
who may be considered for employment with the city under
specific conditions.
1
Ordinance No. 24
Page Two . 0
(f) "Examination" shall mean selection techniques used to
measure the relative capacities of the persons applying
for positions within the competitive service or to
measure the qualifications of an employee to be pro-
moted.
(g) "Layoff" shall mean the separation of an employee or
employees from employment with the city when, in the
judgment of the city council , it becomes necessary to
abolish positions.
(h) "Permanent part-time employees" shall mean an employee
who works at least twenty (20) hours but less than
forty (40) hours per week on a regularly scheduled
basis in a permanent part-time position designated as
such in the current adopted budget. Such employee
shall work the same number of hours per week for each
week as specified in the budget for that position.
(i) "Position" shall mean a group of duties and responsibilities
in the competitive service requiring the full-time or
part-time employment of one person.
(j ) "Probationary period" shall mean a working test period
during which an employee is required to demonstrate
his fitness for the position to which he is appointed
by the actual performance of the duties of the position.
(k) "Promotion" shall mean the appointment of an employee
to a classification with a higher salary range following
an examination process through which the employee has
qualified for such an appointment.
(1) "Provisional appointment" shall mean an appointment of
a person who possesses the minimum qualifications
established for a particular class and who has been
appointed to a position in that class in the absence
of available eligibles.
(m) "Reinstatement" shall mean the reappointment to a
position in the same or comparable class without exam-
ination of a probationary or regular employee within
twenty-four (24) months after he or she left city employ-
ment in good standing. No credit shall be received for
prior service in terms of benefits accrued after rein-
statement unless otherwise recommended by the department
head and approved by the appointing authority. A new
pre-employment physical examination may be required and
the employee shall begin a new probationary period.
(n) "Reemployment" shall mean the appointment of an employee
who was laid off, in good standing, within the preceeding
twelve months without examination, to a position inthe
same class as his or her former position. Such an employee
shall receive credit for former service whencomputing
vacation, sick leave, and advancement through the salary
range.
2
Ordinance No. 24
Page Three 0
(o) "Regular employee" shall mean a full-time or permanent
part-time employee in a permanent position who has
successfully completed a probationary period of employ-
ment with the City.
(p) "Temporary Employee" shall mean an employee who is
appointed to a non-permanent position funded under a
temporary or part-time salary account in the current
adopted budget.
Section 2-2 . 03 . Personnel Officer
The City Manager shall be the Personnel Officer. The City
Manager may delegate any of the powers and duties conferred upon
him or her as Personnel Officer to any other officer or employee
of the city or may recommend that such powers and duties be per-
formed under contract.
I
The Personnel Officer shall:
(a) Administer all the provisions of this article and of
the personnel rules or policies not specifically re-
served to the City Council , the Personnel Board, or
other city officers .
(b) Prepare and recommend to the City Council personnel
rules or policies and revisions and amendments to
such rules or policies;
(c) Prepare, or cause to be prepared, a position class-
ification plan, including class specifications , and
revisions of the plan. The plan, and any revisions
thereof, shall become effective upon approval by the
Council; and
(d) Provide for the publishing or posting of notices of tests
for positions in the competitive service; the receiving
of applications therefor; the conducting and grading of
tests; and the certification to the appointing power of
a list of all persons eligible for appointment to the
appropriate position in the competitive service.
Section 2-2 . 04 Personnel Board
The City Council shall act as a Personnel Board and the Board,
as provided by this ordinance and by such rules as may be adopted,
shall hear appeals submitted by any regular employee relative to
any disciplinary action, dismissal , demotion , charge of discrimination
or alleged violation of this chapter.
Section 2-2 . 05 Competitive service
All offices, positions and employees in the service of the city
except those specifically excluded as follows , shall be considered
as part of the competitive service:
3
Ordinance No. 24
Page Four • .
ti
(a) Elective officers, the city manager, city attorney
and department heads;
(b) Members of appoitive boards, commissions and com-
mittees;
(c) Persons engaged under contract to supply expert, pro-
fessional , technical, or any other services;
(d) Volunteer personnel , including reserve fire and police
personnel;
(e) Emergency employees who are hired to meet the immediate
requirements of an emergency condition , such as an extra-
ordinary fire, flood, or earthquake which threatens life
or property; and
(f) Employees, other than those listed elsewhere in this
section, who are not regularly employed in permanent
positions.
Section 2-2 . 06 Adoption and amendment of rules and policies
Personnel rules or policies shall be adopted by resolution
of the Council. Reasonable advanced written notice shall be
given to each recognized employee organization affected by any
ordinance, rule, resolution , or regulation, or amendment thereof,
proposed to be adopted by the Council (optional if not within the
scope of representation) . Upon request, the Personnel officer
shall provide the opportunity to meet with any employee organization
so requesting regarding amendments affecting wages , hours , and
other terms and conditions of employment, as specified in the
city ' s employer/employee relations resolution and as specified as
being a matter within the scope of representation.
As provided in Section 3500 et. seq. , of the Government Code ,
in cases of emergency, when the City Council determines that
amendment (s) to personnel rules or policies must be adopted
immediately without prior notice or meeting with a recognized
employee organization, the city shall provide such notice
and opportunity to meet at the earliest practicable time following
adoption by the City Council , unless otherwise specified.
Amendments and revisions may be suggested by any interested party
and shall be processed as provided in the personnel rules or
policies.
The rules shall establish regulations governing the personnel
system, including but not necessarily limited to :
(a) The preparation, installation, revision, and maintenance
of a position classification plan covering all positions
in the competitive service , including the employment
standards and qualifications for each class ;
4
Ordinance No. 24
Page Five •
•
(b) The preparation, installation, revision and maintenance of
a plan of compensation directly correlating to the position
classification plan and providing a rate of pay for each
class.
(c) The public announcement of all tests and the acceptance of
applications for employment;
(d) The preparation and conduct of tests and the establishment
and use of resulting employment lists containing the names
of persons eligible for appointment;
(e) The certification and appointment of persons from employ-
ment lists and the making of provisional appointments;
(f) The establishment of probationary periods;
(g) The evaluation of employees during the probationary period;
(h) The transfer, promotion, demotion, reinstatement, disci-
plinary action, and layoff of employees in the competitive
service;
(i) The separation of employees from the city service;
(j ) The establishment of adequate personnel records; and
(k) The establishment of appeal procedures concerning the inter-
pretation or application of this article any any rules
adopted hereunder.
(1) The establishment of hours of work, attendance, leave proce-
dures, and the development of employee competence, welfare,
training and performance.
Section 2-2. 07 Appointments
Appointments to vacant positions in the competitive service
shall be made in accordance with the personnel rules or policies .
Appointments and promotions shall be based on merit and fitness
to be ascertained so far as practicable by examination. Examinations
may be used and conducted to aid in the selection of qualified
employees and shall consist of selection techniques which will test
fairly the qualifications of candidates , such as achievement and
aptitude tests, written tests, personal interviews , performance
tests, physical agility tests , the evaluation of daily work per-
formance, work samples, or any combination of these or other tests.
The probationary period shall be considered an extension of the
examination process. Physical , medical , psychiatric and polygraph
tests may be given as part of any examination.
In any examination the personnel officer may include, in
addition to competitive tests, a qualifying test or tests and set
the minimum standards therefor. Any tests or examinations used
for selection of personnel to fill a particular position must reflect
the requirements of the position for which the test is being ad-
ministered.
5
Ordinance No. 24
Page Six 0 •
When an appointment is to be made to a vacancy in the com-
petitive service, the Personnel Officer shall transmit to the
appointing authority the names of all persons on the appropriate
certified employment list in the order in which they appear on
the list.
Section 2-2. 08 Appointing authority
The City Manager shall be the appointing authority for all
officers and employees of the city except elective officers ,
the city attorney, and persons appointed by the City Council
to the Planning Commission or other boards , commissions and
committees who are not salaried regular employees of the city.
Appointment to department head positions shall be submitted to
the City Council for concurrence and confirmation.
Section 2-2. 09 Criminal conduct: Ineligibility for employment
Except as otherwise provided in this section, the conviction
(including pleas of guilty and nolo contendere) of a felony or
a misdemeanor shall be a prima facie disqualification of an
application for employment by the city; provided, however , the
appointing authority may disregard such conviction if it is
found and determined by such appointing authority that mitigating
circumstances exist. In making such determination , the appoint-
ing authority shall consider the following factors :
(a) The classification, including its sensitivity, to which
the person is applying or being certified and whether
the classification is unrelated to the conviction;
(b) The nature and seriousness of the offense;
(c) The circumstances surrounding the conviction;
(d) The length of time elapsed since the conviction;
(e) The age of the person at the time of conviction;
(f) The presence or absence of rehabilitation or efforts at
rehabilitation; and
(g) Contributing socialor.-environmental conditions.
The appointing authority shall give notice of disqualification
to an applicant disqualified under this provision. Such notice shall
be in writing and delivered personally or mailed to the applicant
at the address shown on the application for employment.
An applicant who is disqualified for employment under this
provision may appeal such determination of disqualification. Such
appeal shall be in writing and filed with the City Manager within
ten (10) days after the date of the notice of disqualification.
The City Manager shall hear and determine the appeal within ninety
(90) days after it is filed. The determination of the city manager
on the appeal shall be final.
6
Ordinance No. 24
Page Seven • 0
Pursuant to Section 11105 of the Penal Code of the State, the
following officers of the City are hereby authorized to have access
to and to utilize State summary criminal history information when
it is needed to assist them in fulfilling the employment duties
set forth in this section; the city manager, city attorney, and
personnel officer.
Section 2-2. 10 Layoffs and reemployment
Whenever in the judgment of the City Council it becomes
necessary in the interest of economy or because the necessity
for a position no longer exists , the City Council may abolish
any position or employment in the competitive service, and the
employee holding such position or employment may be laid off with-
out being subject to disciplinary action and without the right
of appeal.
The order of layoff of employees shall be established by the
Personnel officer on the recommendation of the department head
involved. The department head shall take into consideration the
job performance and length of service of employees in preparing
a recommended layoff list; provided, however, no regular or pro-
bationary employee shall be laid off from his position in any
department while an emergency, temporary, or provisional employee
is serving in the same class in that department.
Employees to be laid off shall be given at least fourteen (14)
days ' prior notice.
The names of regular and probationary employees laid off or
demoted in lieu of layoff shall be placed upon reemployment lists
for one year for those classes requiring basically the same qualif-
ications , duties, and responsibilities of the class from which the
layoff, or demotion in lieu of layoff , was made.
Persons whose names are placed on reemployment lists in
accordance with the provisions of this section , and who are reemployed
within the prescribed period, shall be regarded as having been on
leave of absence during such period of absence and shall be entitled
to all benefits accruing from such leave.
Section 2-2. 11 Improper political activity
The political activities of city employees shall conform to the
pertinent provisions of State laws. Any person holding office or
inthe employ of the city shall not distribute badges , pamphlets ,
handbills or petitions or participate in any political campaign or
political activity if such campaign or activity is carried on during
hours of work or when the person is dressed in a uniform identifying
such person as an employee of the city.
7
Ordinance No. •
Page Eight
Section 2-2 . 12 Discrimination
No person in the employ of the city, or seeking admission
thereto, shall be employed, promoted, demoted or discharged,
or in any way favored or discriminated against, because of
political opinions or affiliations , race, color, ancestry,
national origin, religious creed, age, or sex, or because of
the exercise of his rights pursuant to the provisions of
Section 3502 of the Government Code of the State.
Section 2-2. 13 Right of appeal
Any employee of the city shall have the right to appeal
any disciplinary action or alleged violation of this article,
or the rules or policies adopted hereunder, except in those
instances where the right of appeal is specifically prohibited
by this article or the rules or policies adopted hereunder.
All appeals shall be concluded as expeditiously as possible
and in accordance with the requirements and procedures set
forth in the personnel rules, policies, and regulations adopted
pursuant to this article.
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,
published and circulated in this City in accordance with Secton
36933 of the Government Code; shall certify the adoption and
posting of this ordinance; and shall cause this ordinance and its
certification , together with proof of postinq, 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.
8
Ordinance No.
Page Nine
The foregoing ordinance was introduced, adopted, and
ordered published at a meeting of the Council held on
1980 by the following roll call vote;
AYES:
NOES:
ABSENT:
ROBERT J. WILKINS, JR. , Mayor
MURRAY L. WARDE City Clerk
APPROVED AS TO RM:
ALLEN CRIMES, City Attorney
9
M E M O RAN D U M
TO: City Council
FROM: City Manager
SUBJECT: Health Department Services Contract
Attached is a Health Department contract needed to
provide officer services for the City. The contract is one
which most cities enter into since it relieves cities of
a necessity of hiring health officers.
The issue is the fee to be paid; a matter which has
been under discussion for the last few months , but for
which no dollar amount has yet been established. A proposal
has been advanced to assess costs at the rate of $50 per
10 ,000 of population. In Atascadero' s case, this would be
approximately $100 per month. However, this amount has not
been finally established since other cities in the County
have had long standing agreements , reached prior to Proposi-
tion 13, which involve fees of from $1 to $10 to $25 per
month.
The services provided are for health code enforcement
activities which include, but are not limited to, restaurant
inspections and other public health considerations.
As of this writing, I do not have the final figure, but
hope to have it by Monday night, in which case I would suggest
your adoption of the contract by motion. If the fee has not
been established, I would suggest we pull the item from the
agenda and re-consider it when the dollar amount has been
determined.
U RAY WARDEN
MLW:ad
6-19-80
HEALM AGENCY
NEAL,TH OEP4RTMENT L; 2191 Johnson Avenue • P.O. Box 1489 • San Luis Obispo, California 93406
P.o:(Rux1489 S.L.O. 93406 COUNTY OF SAN LUIS OBI SPO
S.L.O. GENERAL HOSPITAL ----"
P.O. Box H • S.L.O. 93006
COMMUNITY MENTAL HEALTH CENTER • HOWARD W. MITCHELL, M.D., M.P.H
P.O. Box H • S.L.O. 93406 Director and Health Officer
ATASCADERO HEALTH SERVICES
• JOHN P. BARROW, M.H.A.
ALC Capistrano Ave. Atascadero 93422
VICES May 28, 1980
ALCOHOL ABUSE 8 ALCOHOLISM SERVICES y Administrator
P.O. Bax H • S.L.O. 93406
Murray Warden, City Manager
City of Atascadero
Post Office Box 747
Atascadero, California 93422 REC, ';-7, DMAY L � iof7
Dear Mr. Warden:
It has been brought to my attention that some concern has been expressed over
the amount that the Health Department plans to charge as we proceed to update
our seriously outdated Health Services contracts . Obviously, the current charges
need to be reviewed, but it is not my intention to seek a cost recovery basis for
proposed new fees, but rather to work out a timely, moderate, and equitable
revision of the charges. The monthly payments would remain essentially token.
However, even a relatively token fee can be significant in helping to cover some
of the added administrative costs incurred in providing your City with such
services as rabies control , land use planning, substandard housing complaints,
vector control consultation, etc. Perhaps a progressive fee schedule could be
established on the basis of increments of populations served, e.g. $50/10,000
persons/month.
I would suggest that we set aside discussion of the contract fees until the
results of the June 3rd election are known. I will ask the Environmental Health
Services Section to contact you in mid-June. In the interim please forward any
comments regarding the proposed contract itself to me as soon as possible.
Sincerely,
HOWARD W. MITCHELL, h1.D. ,M.P.H.
Health Agency Director/Health Officer
HWM:lw
. .
HEALTH AGENCY
HEALTH DEPARTMENT 2191 Johnson Avenue • P.O. Box 1489 • San Luis Obispo, California 93406
P.O. Box 1489 S.L.O. 93406 COUNTY O F S A N LUIS OBISPO
S.L.O. GENERAL HOSPITAL --"
P.O. Box H • S.L.O. 93406
• HOWARD W. MITCHELL, M.D., M.P.H
❑ COMMUNITY MENTAL HEALTH CENTER
P.O. Box H • S.L.O. 93406 Director and Health Officer
❑ATASCADERO HEALTH SERVICES • JOHN P. BARROW, M.H.A.
5575 Capistrano Ave. • Atascadero 93422
Administrator
ALCOHOL ABUSE 8 ALCOHOLISM SERVICES
P.O. Box H S.L.O. 93406
May 14, 1980
Murray Warden
City Administrator RECEIVED MAY 1 6
City of Atascadero
Post Office Box 747
Atascadero, California 93422
Dear Mr. Warden:
As you are aware, the interim contract between the County and your City for
performance of City health functions expires June 30, 1980. It will
therefore be necessary for a new contract to be approved so as to be
in effect on July 1 , 1980.
I have enclosed a draft of a contract that I feel would establish the
legal form and effect necessary to enable the County Health Officer to
continue to effectively serve the City of Atascadero as its Health Officer.
Negotiations are currently underway with the other cities for new contracts
and adjusted service fees. May we meet with you at your earliest conve-
nience to discuss this matter.
Sincerely,
�HWWARD MITCHELL M.D. M.P.H.
Health Agency Director/Health Officer
HWM:lw
Enclosure -
AGREEMENT BETWEEN THE CITY OF ATASCADERO
AND THE COUNTY OF SAN LUIS OBISPO FOR PERFORMANCE
OF CITY HEALTH FUNCTIONS
THIS AGREEMENT is made and entered into this day of
1980, by and between the County of San Luis Obispo, hereinafter referred to as
"County", and the City of Atascadero > hereinafter referred to as "City".
WITNESSETH:
W'-'a-REAS, the Health and Safety Code authorizes a City to contract with
a County for the performance by the Health Officer and other employees of the
County of any or all functions relating to the enforcement in the City of all
orders and ordinances of the City pertaining to the public health; orders, quaran-
tines and other regulations of the State Department of Health; and all statutes
relating to the public health; and
WHEREAS, it is beneficial for the City to contract with the County for the
performance of City health functions pursuant to Health and Safety Code Section
480; and
WHEREAS, the City is desirous of contracting with the County for the
performance of the hereinafter described health services within its boundaries
by the County of San Luis Obispo through the County Health Department; and
WHEREAS, the County is agreeable to providing such services in accordance
with the provisions of the Health and Safety Code.
NOW, THEREFORE, it is agreed as follows:
1. Term and Renewal : This Agreement shall be effective.. on the 1st day of
July, 1980, and shall terminate on the 30th day of June, 1985. This Agreement
shall thereafter be renewable for successive periods not to exceed 5 years each,
on such terms and conditions as the parties hereto may agree to.
2. Scope of Seroces: The County Health Office*nd his deputies shall
exercise the same powers and duties in the City as are conferred by law on City
Health Officers, including, but not necessarily limited to, enforcing and ob-
serving all :
a. Orders and ordinances adopted by the governing body of the City per-
taining to the public health;
b. Orders, quarantine and other regulations, and rules, concerning the
public health, prescribed by the State Health Department;
c. Statutes relating to the public health.
3. Fee for Services: In consideration of the services provided hereunder
by the County, and in addition to any sums received by County pursuant to the
provisions of paragraphs 14 and 15 herein, City agrees to pay to County the sum
of each month. Said sum shall be paid by the 10th of the following
month to the San Luis Obispo County Health Department.
4. Ordinance Enforcement: City understands and agrees that the County
Health Officer, when acting as the City Health Officer pursuant to this contract,
has no legal authority to enforce County Health Ordinances within the City. The
County Health Officer's duty to enforce health ordinances under this contract is
limited to those ordinances which the City, in its discretion, may choose to
enact. Notwithstanding anything to the contrary contained in this Agreement,
City shall enact and maintain in full force and effect, including the amount of
fees provided therein or by resolution, an ordinance comparable in terms with the
provisions of the County Health and Sanitation Ordinance, San Luis Obispo County
Code Title 8; provided, however, that modifications or amendments to the general
provisions of Title 8 may be developed which are warranted by the unique circum-
stances of the City.
5. Citation Authority: City agrees to adopt an ordinance granting citation
authority to the County/City Health Officer pursuant to Penal Code Section 836.5
for the enforcement of State law and City ordinances within the incorporated limits
of the City.
6. Services Exited - Prosecution and Civil Ans: It shall be the
duty of the City Attorney, exercising the discretion vested in his office, to
prosecute violations of the City's health ordinances , and to take whatever other
legal action may be necessary to enforce health laws within the City.
7. Supervision of Services: The rendition of the services specified in
Paragraph (2) of this Agreement, and matters incidental to the performance of said
services , and the control of personnel so employed, shall remain in and be the
exclusive responsibility of the County.
S. Cooperation: To facilitate the performance of the foregoing services, it
is hereby agreed that the County shall have the full cooperation and assistance
from the City, its officers, agents, and employees.
9. Special Supplies: Notwithstanding anything in this Agreement to the
contrary, it is agreed that in all instances wherein County decides that special
supplies, stationery, notices, forms,and the like must be issued in the name of
City, the same shall be supplied by City at its own cost and expense.
10. Employee Status: All persons employed in the performance of the services
and functions specified in Paragraph (2) of this Agreement shall be County employees,
no City employee shall become a County employee by reason of this Agreement, and
no person employed hereunder shall have any City pension, Civil Service, or any
similar status or right. For this Agreement, and for the sole purpose of giving
legal status to the performance thereof, where necessary, every County officer and
employee engaged in the performance of any service hereunder shall be deemed an
officer or employee of City while performing services for City.
11. Employee Compensation: City shall not be called upon to assume any
liability for the direct payment of any salaries, wages, or other compensation
to any County personnel performing services hereunder, or any liability other
than that provided in this Agreement. The City shall not be liable for compen-
sation or indemnity to any County employee for injury or sickness arising out of
his employment.
12. Indemnificat• for Sole Conduct: Notwithstanding the provisions of
Paragraph (10) , each party hereto shall defend, indemnify and save harmless the
other party and the other party's officers, ,agents and employees, from and against
any and all claims, demands, liability, costs, expenses, damages, causes of action,
including, but not limited to, inverse condemnation and judgments arising out of
the sole negligence or sole intentional acts of the party or its officers, agents
or employees or independent contractors solely responsible to such party, in per-
forming or attempting to perform pursuant to the provisions of this Agreement,
including both acts and omissions to act.
13. Indemnification for Joint Conduct: Except as otherwise provided herein,
City shall defend, indemnify and save harmless County and its officers, aaents
and employees, from and against any and all claims, demands, liability, costs,
expenses, damages, causesof action, including, but not limited to, inverse
condemnation, and judgments arising out of the joint negligence or joint intentional
acts of City and County and their officers, agents, employees, or independent
contractors directly responsible to them, in performing or attempting to perform
pursuant to the provisions of this Agreement, including both acts and omissions
to act; provided, however, that County shall be solely responsible for the amount
of any judgment rendered against County, or one of its agents, or employees, if
such judgment is specifically rendered in a court finding of responsibility by
the County, or one of its agents or employees, for an act of negligence,and City
shall not be required to indemnify for such judgment. Likewise, the City shall
be solely responsible for any judgment rendered against it or its agents or employees
which is based upon an expressed act of negligence by it or one of its agents or
employees.
County agrees to cooperate with the City in the defense of any such claims
or litigation.
14. Revenue from Permit, Inspection, Enforcement and Laboratory Fees:
Revenue collected bye County for permit, inspectile, enforcement and laboratory
fees, which shall be set by ordinance of the County, and thereafter adopted by
the City pursuant to paragraph(4) of this Agreement, shall be retained by the
County.
15. Revenue from Fines: Fine monies which are imposed and collected as a result
of citations issued or arrests made within the City for violations of health laws,
and which are thereafter distributed to City pursuant to the provisions of Penal
Code Section 1463, shall , upon receipt by City, be forwarded to the County.
16. Books and Records: County agrees to keep such books and records and in
such form and manner as the County Auditor-Controller shall specify. Said books
shall be open for examination by City at all reasonable times.
17. Modification: This Agreement constitutes the entire understanding of
the parties concerning the performance of City health functions and no modifications
of the terms of this Agreement shall be effective unless in writing and signed by
the parties.
18. Termination: Either party may terminate this Agreement at any time by
giving to the other party sixty(60) days written notice of such termination and
the effective date of such termination. In the event either party desires to
terminate a portion of the Agreement without terminating the entire service, such
partial termination will require a separate agreement of the parties. Upon termina-
tion of this Agreement, County shall prorate fees collected and revenue realized
between County and City based upon services actually rendered to and including the
date of termination.
IN WITNESS WHEREOF, the City of Atascadero by resolution duly adopted
by its City Council , causes this Agreement to be signed by its Mayor and attested
by its Clerk, and the County of San Luis Obispo, by order of the Board of Super-
visors, causes these presents to be subscribed by Chairman of said Board and the seal
of said Board to be affixed thereto, attested by the Clerk of said Board on the day
and year first above written.
r
M_E M_O_R A N_D_U M_
TO: City Council K
FROM: City Manager
SUBJECT: Fire Department Mutual Aid Agreements
The Fire District has entered into a series of mutual
aid agreements with neighboring fire departments . These
include the State of California Department of Forestry/
San Luis Obispo County Fire Department, the Atascadero State
Hospital, the Templeton Community Services District, and
a County-wide agreement between various city fire departments ,
fire districts and fire agencies within the County. To my
knowledge, most fire departments have these agreements
which basically permit a fire department to provide assis-
tance, upon request, to another firefighting agency subject
to certain conditions; the most important of which is that
each department has the obligation and responsibility to
assure that its own area is covered before responding to a
mutual aid request.
I know there has been some question as to the validity
of mutual assistance agreements , but would like to point
out that they do provide a method for supplementing fire-
fighting capabilities under unusual conditions . I would
recommend that the Council, by motion, authorize continuing
the mutual aid agreements as now exist between Atascadero
Fire District and the agencies enumerated above. During the
course of the next few months , we will be examining these
agreements and then will bring back to you any recommended
revisions and formalized documents between the City of
Atascadero and the other agencies. By taking this interim
action, we at least will have the assurance of a continuing
program.
*MUy
WARDEN
MLW:ad/6-19-80
AGREEMENT FOR MTUAL FIRE PROTECTION AID
THIS AGREEMENT, made and entered into this 9 to day of
1979, by and between the ATASCADFRO FIRS ?ROTECTION
-T
DISTRICT and the STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY/
SAN LUIS OBISPO COUNTY FIRE DEPARTMENT, through its duly
qualified and acting Director, hereinafter called FORESTRY.
W I T N E S S E T H:
WHEREAS, the ATASCADERO FIRE PROTECTION DISTRICT maintains.
and operates a fire protection' organization in the area generally
known as the community of Atascadero; and
WHEREAS, FORESTRY maintains and operates a fire protection
-- organization for the purpose of providing protection to State
and County responsibility lands which are adjacent and proximate
to the area protected by the Atascadero Fire Protection District; and
WHEREAS, it is the desire of the parties hereto to render aid
each to the other to combat the effect of fire or other emer-
gencies when such aid is necessary as herein set forth; and
WHEREAS, the parties hereto desire to effect the purpose
of this agreement pursuant to the provisions of the "Joint
Exercise of Power Act" (Gov. Code Sec. 6500-6547) and/or
Section 4142 of the Public Resources Code.
NOW THEREFORE, the parties hereto mutually agree as follows:
1. To furnish fire protection personnel, equipment, materials
and supplies and to render such fire protection services to each
other as may be necessary to suppress fires or other emergencies
of a magnitude that have developed, or appear likely to develop,
beyond the control of a single party and therefore, require the
combined forces of the parties hereto.
2. Such mutual aid shall be provided within the limits of
the County of San Luis Obispo provided, however, that neither
party shall be required to deplete its own fire protection
resources, personnel services and facilities to the detriment -
of its normal fire protection responsibilities.
,
3. No response to a mutual aid request provided for in this
agreement will be made by the parties hereto unless such
request is received through the established communication channels
common to each party and is made by a responsible fire official
of the party requesting such aid.
4. That any mutual aid under this agreement is extended
with the express understanding that a responsible local fire
official (in whose jurisdiclton an incident requiring mutual
aid has occurred) shall remain in charge at such incident includ-
ing the direction of that personnel and equipment provided him
through the operation of this mutual aid agreement.
5. Except, as may be provided by separate agreement between
the parties hereto, the assurance of mutual aid set forth herein
shall constitute the sole consideration for the performance hereof
and neither party shall be obligated to reimburse the other on
account of any action taken or aid rendered hereunder or for
any use of material, damage to equipment or liability incurred
which may occur in the course of rendering the assistance
herein provided for.
E. This agreement shall remain in full force unless termin-
ated by either of the parties hereto giving to the other thirty
(30) days notice in writing of such termination.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed as of the day and year first herein-
above written.
ATASCADERO FIRE PROTECTION DISTRICT STATE OF CALIFORNIA/DEPART-
MENT OF FORESTRY
SAN LUIS OBISPO COUNTY/SAN
LUIS OBISPO COUNTY FIRE
DEP'
'1
By: � L 'w"
Au prized Rei reseuta ve [add el -L2angcr-in-(Iharge
Michael Cox, Gnairman Department of Forestry
Board o: Directors County Fire Chief-San Luis
Atascadero Fire Protection Obispo County Fire Department
District
AW&EMENT FOR MUTUAL FIRE PROTECT& AID
THIS ..,;REEMENT, made and entered into this day of , by and between
the ATASCADERO STATE HOSPITAL, reinafter called the State, and the ATASCADERO CITY
FIRE DEPARTMENT, hereinafter called the City.
W I T N E S S E T H :
WHEREAS, the City maintains and operates a fire protection organization in the
area generally known as Atascadero City.
WHEREAS, the State at Atascadero State Hospital maintains and operates a fire
protection organization for the purpose of providing protection to State property
which is adjacent or approximate to the area protected by the City, and
WHEREAS, it is the desire of the parties hereto to render aid to each other to combat
fire when such aid is necessary as stated herein, and
WHEREAS, Health and Safety Code Section 13050 authorizes the use of the apparatus,
equipment and fire fighting force of any public entity outside the jurisdictional
limits of that public entity for the purpose of providing fire protection or fire
fighting services; and
WHEREAS, Government Code Section 55632 authorizes the legislative body of any local
agency to contract with any other local agency for the furnishing of fire protection
to such other local agency; and
WHEREAS, it is desirable that each of the parties hereto should voluntarily aid and
assist each other in the event that a local peril, local emergency or local
disaster should occur that is of such proportions that it cannot be adequately
handled by an individual Department, District, or Agency; and
WHEREAS, it is necessary and desirable that a cooperative agreement be executed for
the interchange of such mutual aid.
NOW, THEREFORE, the parties hereto mutually agree as follows:
2
1. To furnish fire protection personnel, equipment, materials and
supplies to render such fire protection services to each other as may be
necessary to suppress fires of a magnitude that have developed, or appear
likely to develop, beyond the control of a single party and therefore require
the combined forces of the parties hereto, including back-up station coverage.
2. Such mutual aid shall be provided within the limits of the Atascadero
City and the Atascadero State Hospital, provided, however, that neither party
shall be required to deplete its own fire protection resources, personnel
and facilities to the detriment of its normal fire protection responsibilities.
3. No response to a mutual aid request provided for in this agreement
will be made-by the parties hereto unless such request is received through the
established communication channels common to each party and is made by a
responsible fire official of the party requesting such aid.
4. That any mutual aid under this agreement is extended with the express
understanding that a responsible local fire official (in whose jurisdiction an in-
cident requiring mutual aid has occurred) shall remain in charge at such incident
including the direction of personnel and equipment provided him through the
operation of this mutual aid agreement.
5. Except as may be provided by separate agreement between the parties
hereto, the assurance of mutual aid set forth herein shall constitute the sole
consideration for the performance hereof and neither party shall be obligated to
reimburse the other on account of any action taken or aid rendered hereunder or for
any use of material, damage to equipment, or liability incurred which may occur in
the course of rendering the firefighting assistance herein provided for.
6. Training: Joint training operations to be carried out at least three
times a year under the direction of the respective training officers. Training
officers are to be responsible for coordination and direction of these operations.
3
r
7. This agreement shall remain in full force and effect beginning July 1,
1980, until terminated by either of the parties hereto giving to the other fifteen
(15) days written notice of such termination.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
as of the day and year first hereinabove written.
ATASCADERO STATE HOSPITAL
BY
Hospital Administrator
ATASCADERO CITY FIRE DEPARTMENT
BY
Mayor Atascadero City
Approved:
STATE OF CALIFORNIA
Department of Mental Health
BY
AGREEMENT FOR MUTUAL FIRE PROTECTION AID
THIS AGREEMENT, made this 1st day of August 1977
by and between the TEMPLETON COMMUNITY SERVICES DISTRICT_ and the
ATASCADERO FIRE PROTECTION DISTRICT,
WITNESSETH:
WHEREAS, TEMPLETON COMMUNITY SERVICES DISTRICT maintains and
operates a fire protection organization in the area generally
known as TEMPLETON CALIFORNIA; and
WHEREAS, ATASCADERO FIRE PROTECTION DISTRICT maintains and
operates a fire protection organization for the purpose of provid-
ing protection to District responsibility lands which are proxi-
mate to the area protected by TEMPLETON COMMUNITY SERVICES DISTRICT;
<.v....."-...m,,..�.., - ._.,,: and
WHEREAS, it is the desire of the parties hereto to render
aid to each to the other to combat the effect of fire when such .
aid is necessary as herein set forth; and
WHEREAS, the parties hereto desire to effect the purpose of
this agreement pursuant to the provisions of the "Joint Exercise of
Power Act" (Government Code Section 6500 - 6515) and Section 13855
of the Health and Safety Code:
NOW THEREFORE, the parties hereto mutually agree as follows:
1. To furnish fire protection personnel, equipment, materials,
and supplies and to render such fire protection services to each
other as may be necessary to suppress fire of a magnitude that had
developed, or appears likely to develop, beyond the control of a
single party and therefore requires the combined forces of the
parties hereto.
2. Such mutual aid shall be provided within the limits of the
Districts; provided, however, that neither party shall be required
to deplete its own fire protection resources, personnel, services,
and facilities to the detriment of its normal fire protection
responsibilities.
3. No response to a mutual aid request provided for in this
agreement will be made by the parties hereto unless such request
is received through the established communication channels common
to each party and made by a respobsible fire official of the party
requesting such aid.
4. That any mutual aid extended under this agreement is ex-
tended with the express understanding that the respobsible local
fire official (in whose jurisdiction an incident requiring mutual
aid has occurred) shall remain in charge at such incident including
the direction of that personnel and equipment provided him through
the operation of this mutual aid agreement.
5• Except as may be provided by separate agreement between
the parties hereto, the assurance of mutual aid set forth herein
shall constitute the sole consideration for the performance
hereof and neither party shall be obligated to reimburse the other
...;_.mow...«.n:.- ..�..,.,,.._.:....,
on account of any action taken or aid rendered hereunder or for
any use of material, damage to equipment, or liability incurred
which may occur in the course of rendering the fire fighting
assistance herein provided for.
6. This agreement shall remain in full force and effect
unless terminated by either of the parties hereto giving to the
other fifteen (15) days notice in writing of such termination.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed as of the day and year first hereinabove
written.
TEMPLETON COMMUNITY SERVICES DIST. ATASCADERO FIRE PROTECTION DIST.
By ., By
Chairman o�the k3oard Cha man, Board of D�Pc
SAN LUIS 06ISPO COUNTY-WIDE FIRE PROTECTION
AND FIRE FIGHTING MUTUAL AID AGREEMENT
THIS AGREEMENT is made and entered into by and between the
various Fire Departments , Fire Districts , and Fire Agencies within
the County of San Luis Obispo .
WHEREAS , Health and Safety Code Section 13050 authorizes the
use of the apparatus , equipment and fire fighting force of any
public entity outside the jurisdictional limits of that public
entity for the purpose of providing fire protection or fire
fighting services ; and
WHEREAS , Government Code Section 55632 authorizes the legig-
lative body of any local agency to contract with any other local
agency for the furnishing of fire protection to such other local
agency; and
WHEREAS , it is desirable that each of the parties hereto
should voluntarily aid and assist each other in the event that a
local peril , local emergency or local disaster should occur that
is of such proportions that it cannot be adequately handled by
an individual Department , District , or Agency ; and
WHEREAS , it is necessary and desirable that a cooperative
agreement be executed for the interchange of such mutual aid on
a local and county-wide basis .
NOW , THEREFORE , it is hereby agreed by and between each of
the parties hereto , as follows :
1 . To furnish fire protection personnel , equipment , mate-
rials and supplies , and to render such fire protection services
to each other as necessary to suppress fires of a magnitude that
lk
have developed , or appear likely to develop , which are emergencies
beyond the control of a single party and adjacent mutual aid and
which therefore requires the combined forces of the parties hereto .
2 . Such mutual aid shall be provided within the limits of
the County of San Luis Obispo as predetermined and set forth in
Attachment "A, " provided , however , that none of the parties hereto
shall be required to respond to a request for mutual aid if such
response would deplete its own fire protection resources , person-
nel , service and facilities to the detriment of its normal fire
protection responsibilities .
3 . No response to a mutual aid request provided for in this
Agreement will be made by the parties hereto unless such request
is received through the established communications channels common
to each party and made by a responsible fire official of the party
requesting aid.
4 . That any mutual aid provided under this Agreement is made
with the express understanding that the responsible local fire
official ( in whose jurisdiction an incident requiring mutual aid
has occurred) shall remain in charge at such incident including
the direction of the personnel and equipment provided him through
the operation of" this mutual aid agreement .
5 . The assurance of mutual aid set forth in this Agreement
shall constitute the sole consideration for the pet,formance of
extra territorial fire protection services agreed to herein during
the first 24-hour period of service and neither party shall be
obligated to reimburse the other on account of any action taken
or aid rendered hereunder or for any use of material , damage to
-2-
equipment , or liability incurred which may occur in the course of
rendering the fire fighting assistance herein provided for during
that 24-hour period .
6 . There shall be no reimbursement to the responding juris-
dictions for services provided which are less than 24 hours in
duration. Reimbursement may begin with the 25th hour after the
responding mutual aid equipment and personnel leaves its assigned
base on initial dispatch to attend the incident , and shall end
when said equipment and personnel are returned to the assigned
base (or such other location as the responsible custodian: may
designate) . Such reimbursement shall be for : the reasonable
value of the use of , and repairs and depreciation on , apparatus
and equipment, and other expenses reasonably incurred in furnishing
fire fighting services including , but not limited to , salary costs .
Claims for reimbursement shall be presented as set forth in Health
and Safety Code Section 13052 .
7 . Government Code Sections 50925 et seq . ( Extra-territorial
Activities of Firemen) are incorporated into this Agreement and
shall apply in all cases of mutual aid .
8 . Unless the parties hereto otherwise expressly agree ,
each entity is financially responsible only for the torts of is
own personnel as provided for by Government Cade Section 850 . 6 .
9. Termination of participation in this Agreement may be
effected by any party hereto by giving to the other parties
fifteen ( 15) days notice in writing of such termination .
-3-
Dated :•� `� _ ✓�1 6�,�,/G<n.,.L
Chairman , Board of Supervisors - for
o� County Fire Department and South Bay
Fire District
Dated :
Dated :
Dated :
Dated -
Dated :
ated :Dated :
Dated :
Dated :
Dated :
Dated :
Dated :
Dated :
Dated :
Dated :
Dated :
Dated :
Dated :
-4-
M_E M_O_R A_N_D_U M_
TO: City Council
FROM: City Manager -
SUBJECT: Conflict of Interest Code for Designated Employees
Attached is a Conflict of Interest Code for Designated
Employees as required by the Fair Political Practices Act.
This is essentially the same requirement as imposed on
Council, Planning Commissioners and the City Manager except
it involves other specified positions within the City
structure. There are some minor modifications in wording
which need to be made to your original resolution adopted
by the Council some months ago. Those will be forthcoming.
In the meantime, the attached satisfies the requirements of
the Fair Political Practices Act.
Recommend your adoption of the resolution.
jMR'AY7 RDE
MLW: ad
6-19-80
RESOLUTION NO. 10-80
RESOLUTION ADOPTING A CONFLICT OF INTEREST CODE
FOR DESIGNATED EMPLOYEES OF THE CITY OF ATASCADERO
T H E C I T Y C 0 U N C I L
City of Atascadero, California
WHEREAS, the Political Reform Act of 1974 , California
Government Code Section 81000 , et seq. , requires that
governmental entites in the State of California adopt
Conflict of Interest Codes ; and
WHEREAS, said Act requires that local governmental
entities include certain designated employees within the
provisions of Conflict of Interest Codes; and
WHEREAS, the City of Atascadero desires to comply with
the conditions of said Act.
NOW, THEREFORE, BE IT RESOLVED that the Council of
the City of Atascadero does hereby adopt a Conflict of
Interest Code for Designated Employees of the City of
Atascadero as required by the Political Reform Act of 1974
and said Code is attached hereto as Exhibit A and by re-
ference made a part hereof.
on motion by Councilman and seconded by
Councilman , the foregoing resolution is hereby
adapted in its entirety on the following roll call vote:
AYES :
NOES :
ABSENT:
ADOPTED:
ROBERT J. WILKINS, JR. , Mayor
ATTEST: APPROVED AS TO FORM:
MURRAY L. WARDEN, City Clerk ALLEN GRIMES, City Attorney
CITY OF ATASCADERO
CONFLICT OF INTEREST CODE
Section 1. Introduction
In compliance with the Political Reform Act of 1974, Calif-
ornia Government Code Section 8100 , et seq. , the City of Atas-
cadero, hereby adopts this Conflict of Interest Code which shall
be applicable to all designated employees of the City. The re-
quirements of this Code are in addition to other requirements of
the Act such as the general prohibition against conflicts of in-
terest contained in Government Code Section 87100 , and to any other
state or local laws pertaining to conflicts of interest.
Section 2. Definition of Terms
The definitions contained in the Political Reform Act of
1974 , the regulations of the Fair Political Practices Commission
(2 Cal. Adm. Code Sections 18100 et seq. ) , and any amendments to
the Act or regulations, are incorporated by reference into this
Conflict of Interest Code.
Section 3. Designated Employees
The persons holding positions listed in Appendix A are de-
signated employees. It has been determined that these officers
and employees make or participate in the making of decisions
which may foreseeably have a material effect on financial interests.
Section 4 . Disclosure Statements
A designated employee shall be assigned one or more of the
disclosure categories set forth in Appendix B. It has been deter-
mined that the financial interests set forth in a designated
employee ' s disclosure category are the types of financial interests
which he or she foreseeably can affect materially through the con-
duct of his or her office. Each designated employee shall file
statements of economic interest disclosing his or her financial
interests as required by the applicable disclosure category.
Section 5. Place of Filing
All designated employees required to submit a statement of
economic interests shall file the original with the City Clerk
who shall be the filing officer for all designated employees.
Section 6. Time of Filing
(a) Initial Statements. All designated employees employed by
the City on the effective date of this Code shall file
statements within thirty days after the effective date
of this Code.
• •
9
(b) Assuming Office Statements.
(1) All persons assuming designated positions after the
effective date of this Code which are merit system
positions , shall file statements within thirty days
after assuming the designated positions .
(2) All other persons appointed, promoted or transferred
to designated positions after the effective date of
the Code, shall file statements within ten days after
assuming office.
(c) Annual Statements. All designated employees shall file
statements no later than March 15 .
(d) Leaving Office Statements. All persons who leave desig-
nated positions shall file statements within thirty days
after leaving office.
Section 7 . Contents of Statements
(a) Contents of Initial Statements. Initial statements shall
disclose any reportable investments and interests in real
property and management positions held on the effective
date of the code.
(b) Assuming office Statements. Assuming office statements
shall disclose any reportable investments and interests
in real property and management positions held on the
date of assuming office.
(c) Contents of Annual Statements. Annual statements shall
disclose any reportable investments , interests in real
property, and income and management positions held or
received during the previous calendar year provided,
however, that the period covered by an employee ' s first
annual statement shall begin on the effective date of
the Code or the date of assuming office whichever is
later.
(d) Contents of Leaving Office Statements. Leaving office
statements shall disclose reportable investments , in-
terests in real property, and income and management
positions held or received during the period between
the closing date of the last statement filed and the
date of leaving office.
Section 8. Manner of Reporting
Disclosure statements shall be made on forms supplied by the
City of Atascadero and shall contain the following information:
2
•
(a) Contents of Investment and Real Property Reports
When an investment or interest in real property l/
is required to be reported, 2/ the statement shall
contain the following:
(1) A statement of the nature of the investment or
interest:
(2) The name of the business entity in which each
investment is held, and a general description
of the business activity in which the business
entity is engaged.
(3) A statement whether the fair market value of the
investment or interest in real property exceeds
one thousand dollars ($1 , 000) , exceeds ten thousand
dollars ($10 , 000) , or exceeds one hundred thousand
dollars ($100 , 000) .
(b) Contents of Personal Income Reports
When personal income is required to be reported, 3/ the
statement shall contain:
(1) The name and address of each source of income
aggregating two hundred and fifty dollars ($250)
or more in value if the income was a gift, and
a general description of the business activity, if
any,of each source.
1/ For the purpose of disclosure only (not disqualification)
an interest in real property does not include the principal
residence of the filer.
2/ Investments and interests in real property which have a
fair market value of less than $1,000 are not investments
and interests in real property within the meaning of the
Political Reform Act. However, investments or interests
in real property of an individual include those held by the
individual ' s spouse and dependent children as well as a pro
rata share of any investment or- interest in real property
of any business entity or trust in which the individual ,
spouse or dependent children own,in the aggregate, a direct,
indirect or beneficial interest of 10% or greater.
3/ A designated employee' s income includes his or her community
property interest in the income of his or her spouse.
3
(2) A statement whether the aggregate value of income
from each source was one thousand dollars ($1 , 000)
or less, greater than one thousand dollars ($1, 000) ,
greater than ten thousand dollars ($10 , 000) ;
(3) A description of the consideration, if any, for
which the income was received;
(4) In the case of a gift, the name and address of the
donar, a description of the gift, the amount or
value of the gift, and the date on which the gift
was received.
(c) Contents of Business Entity Income Reports
When income of a business entity, including income of
a sole proprietorship, is required to be reported, 4/
the statement shall contain :
(1) The name, address, and general description of the
business activity of the business entity:
(2) In the case of a business entity which provides
legal or brokerage services, the name of every person
who paid fees to the business entity if the filer ' s
pro rata share of fees from such person was equal to
or greater than one thousand dollars ($1, 000) .
(3) In the case of a business entity not covered by
paragraph (2) , the name of every person from whom
the business entity received payments if the filer ' s
pro rata share of the gross receipts from such person
was equal to or greater than ten thousand dollars
($10, 000) .
(d) Contents of Management Position Reports
When management positions are required to be reported,
a designated employee shall list the name and address of
each business entity in which he or she is a director,
officer, partner, trustee, employee, or in which he or
she holds any position of management, a description of
the business activity in which the business entity is
engaged, and the designated employee ' s position with the
business entity.
4/ Income of a business entity is reportable if the direct,
indirect, or beneficial interest of the filer, spouse
and dependent children in the business entity aggregates
a 100 or greater interest. In addition, the disclosure
of persons who are clients or customers of a business
entity is required only if the source is within one of
the disclosure categories of the filer.
4
(e) Acquisition or Disposal During Reporting Period
In the case of an annual or leaving office statement,
if an investment or interest in real property was
partially or wholly acquired or disposed of during
the period covered by the statement , the statement
shall contain the date of acquisition or disposal.
Section 9. Disqualification
Designated employees must disqualify themselves from
making, participating in the making or using their official
positions to influence the making of any governmental decisions
which will foreseeably have a material financial effect, dis-
tinguishable from its effect on the public generally, on:
(a) Any business entity in which the designated employee
has a direct or indirect investment worth more than
one thousand dollars ($1 , 000) ;
(b) Any real property in which the designated employee
has a direct or indirect interest worth more than one
thousand dollars ($1 , 000) ;
(c) Any source of income , other than loans by a commercial
lending institution in the regular course of business ,
aggregating two hundred fifty dollars ($250) or more
in value received by or promised to the designated
employee within twelve months prior to the time when
the decision is made; or
(d) Any business entity in which the designated employee is
a director, officer, partner, trustee, employee, or
holds any position of management.
No designated employee shall be prevented from making
or participating in the making of any decision to the
extent his or her participation is legally required for
the decision to be made. The fact that a designated
employee ' s vote is needed to break a tie does not make
his or her participation legally required for purposes
of this section.
Section 10. Manner of Disqualification.
A designated employee required to disqualify himself or
herself shall notify his or her supervisor in writing. This
notice shall be forwarded to the City Manager who shall record
the employee' s disqualification. Upon receipt of such statement
the supervisor shall reassign the matter to another employee.
5
In the case of a designated employee who is a board member y
or commissioner, notice of disqualification shall be given at
the meeting during which consideration of the decision takes
place and shall be made part of the official record of the
board or commissioner.
6
A
APPENDIX A
Designated Employees
Designated Positions Disclosure Category
City Attorney
1 ,2 , 3
Planning Director 1,2,3
Associate Planning Director 1,2 , 3
Director of Finance/City Treasurer 1,2 ,
Police Chief 1,2,
Fire Chief 1 ,2 ,3
Public Works Director 1 , 2 , 3
Public Works Superintendent 4 ,5,6
Building Inspectors 1, 2, 1
Police Sergeant 4 ,5,6
Fire Captain 4 ,5 ,6
Consultants* 1,2
* With respect to consultants, the City Manager may
determine in writing that a particular consultant is hired
to perform a range of duties that are limited in scope and,
thus , not required to comply with the disclosure requirements
described in these categories. Such determination shall in-
clude a description of the consultant ' s duties and, based upon
that description, a statement of the extent of disclosure re-
quirements. The City Manager shall forward a copy of this
determination to the City Council. Nothing herein excuses
any such consultant from any other provisions of this Conflict
of Interest Code.
7
A A
APPENDIX B
Categories of Reportable Economic Interests
General Provisions
When a designated employee is required to disclose in-
vestments and sources of income, he need only disclose invest-
ments in business entities and sources of income which do business
in the City, plan to do business in the City or have done business
in the City within the past two years. In addition to other acti-
vities , a business entity is doing business within the City if it
owns real property within the City. When a designated employee
is required to disclose interests in real property, he need only
disclose real property which is located in whole or in part within
or not more than two miles outside the boundaries of the City or
within two miles of any land owned or used by the City.
Designated employees shall disclose their financial interests
pursuant to the appropriate disclosure category as indicated in
Appendix A.
Category 1. All-Inclusive Reportable Investments
A designated employee in this category shall disclose all
reportable investments (worth more than $1, 000) :
(a) Owned by the designated employee, his or her spouse or
dependent children;
(b) Owned by an agent on behalf of the designated employee;
(c) Owned by any business entity controlled by the designated
employee (i.e. , any business entity in which the desig-
nated employee, his or her agents, spouse and dependent
children hold more than a 50% ownership interest) ;
(d) Owned by a trust in which the designated employee has
a substantial interest (i. e. , a trust in which the
designated employee, his or her spouse and dependent
children have a present or future interest worth more
than $1, 000) ;
(e) Representing the pro rata share (worth more than $1 , 000)
of the designated employee, his or her spouse and de-
pendent children,of investments of any business entity
or trust in which the designated employee, his or her
spouse and dependent children own, directly, indirectly
or beneficially, a 10% interest or greater.
8
4 "Investment" means any financial interest in or security
issued by a City of Atascadero-related business entity, including,
but not limited to, common stock, preferred stock, right , warrants,
options, debt instruments and any partnership or other ownership
interest.
A business entity is "City of Atascadero-related" if and
only if the business entity or any parent, subsidiary or other-
wise related business entity: (i) has an interest in real property
within the jurisdiction, (ii) does business in the City of Atascadero,
or (iii) did business or plans to do business in the City of Atas-
cadero at any time during the period commencing two years prior to
and ending one year after the time the designated employee is re-
quired by this Code to file his or her next Statement of Economic
Interests or to disqualify himself or herself with respect to a
City of Atascadero decision. (The term "parent , subsidiary, or
otherwise related business entity" shall be construed as specifically
defined by the Fair Political Practices Commission) .
No asset is deemed an "investment" unless its fair market
value exceeds $1, 000.
The term "investment" does not include a time or demand
deposit in a financial institution, share in a credit union, any
insurance policy, or any bond or other debt instrument issued by
any government agency.
Category 2. All-Inclusive Reportable Interests in Real Property
A designated employee in this category shall disclose all
interests (worth more than $1 , 000) in real property located within
the jurisdiction if the interests are :
(a) Held or owned by the designated employee, his or her
spouse and dependent child; or
(b) The pro rata share (worth more than $1 , 000) of interests
in real property of any business entity or trust in which
the designated employee or spouse owns, directly or in-
directly or beneficially, a 10% interest or greater.
"Interest in real property" includes any leasehold, beneficial
or ownership interests, or any option to acquire such an interest,
in real property, but does not include the principal residence
of the filer.
Real property shall be deemed to be "located within the
jurisdiction" if the property or any part of it is located within
or not more than two miles outside the boundaries of the City of
Atascadero or within two miles of any land owned or used by the
City of Atascadero.
9
(4) Gifts which are not used and which, within thirty days
after receipt, are returned to the donar or delivered
to a charitable organization without being claimed as
a charitable contribution for tax purposes;
(5) Gifts from an individual ' s spouse, child, parent,
grandparent, grandchild, brother, sister, parent-in-
law, brother-in-law, sister-in-law, aunt, uncle, or
first cousin or the spouse of any such person; pro-
vided that a gift from any such person shall be con-
sidered income if the donar is acting as an agent or
intermidiary for any person not covered by this para-
graph;
(6) Gifts of hospitality involving food, beverages, or lodging
provided to the designated employee, if such hospitality
has been reciprocated within the filing period. "Recipro-
city" as used in this subsection includes the providing
by the designated employee to the host of any consideration,
including entertainment or household gift of a reasonably
similar benefit or value;
(7) Any devise or inheritance;
(8) Interest, dividends or premiums on a time or demand
deposit in a financial institution, shares in a credit
union or any insurance policy, payments received under
any insurance policy, or any bond or other debt instrument
issued by any government or goverment agency.
(9) Dividends, interest or any other return on a security
which is registered with the Securities and Exchange
Commission of the United States Governments;
(10) Loans by a commercial lending institution in the regular
course of business.
(c) "Honorarium" means a payment for speaking at any event, parti-
cipating in a panel or seminar or engaging in any similar
activity. For purposes of this subsection , free admission,
food, beverages and similar nominal benefits provided to a
filer at an event at which he or she speaks, participates
in a panel or seminar, or performs a similar service, and re-
imbursement or advance for actual intra-state travel and for
necessary accommodations provided directly in connection with
the event are not payment and need not be reported by the
designated employee.
An honorarium must be reported as a gift unless it is clear
from all of the surrounding circumstances that the services
provided represented equal or greater value than the payment
received. If it is clear from the surrounding circumstances
that the services provided were of equal or greater value
than the payment received, the honorarium is income, not a gift.
10
Category 3 All-Inclusive Reportable Income
A designated employee in this category shall disclose all
income of the designated employee for any City of Atascadero-
related source aggregating $1000 or more (or $25 or more in the
case of gifts) during the reporting period.
(a) "Income" means, except as provided in subsection (b) ,
income of any nature from any City of Atascadero-related
source, including but not limited to any salary, wage,
advance, payment, honorarium, award, gift, including
gift of any food or beverage, loan, forgiveness or pay-
ment of indebtedness, discount in the price of anything
of value unless the discount is available to members
of the general public without regard to official status,
rebate, reimbursement for expenses , per diem, or con-
tribution to an insurance or pension program paid by any
person other than an employer, and including any community
property interest in income or a spouse from a City of
Atascadero-related source. Income of an individual also
includes a pro rata share of any income of any City of
Atascadero-related entity or trust in which the individual
or spouse owns , directly, indirectly or beneficially, a
ten percent (10%) interest or greater.
A source, business entity or trust in "City of Atascadero-
related" if and only if he, she or it: (i) resides in the
jurisdiction, (ii) has an interest in real property within
the jurisdiction, (iii) does business in the City of
Atascadero or (iv) did business or plans to do business
in the City of Atascadero at any time during the period
commencing two years prior to and ending one year after
the time the designated employee is required by this
Code to file his or her next Statement of Economic Interests
or to disqualify himself or herself with respect to a
City of Atascadero decision.
(b) "Income" does not include:
(1) Campaign contributions required to be reported under
Chapter 4 of the Political Reform Act of 1974;
(2) Salary and reimbursement for expenses or per diem
received from a state or local government agency and
reimbursement for travel expenses and per 'diem re-
ceived from a bona fide educational , academic or
charitable organization;
(3) Gifts of informational material, such as books ,
pamphlet, reports , calendars or periodicals;
11
When the designated employee claims that the honorarium
is not a gift, he shall have the burden of proving that
the consideration is of equal or greater value unless
the designated employee is a defendant in a criminal
action.
A prize or award shall be disclosed as a gift unless the
prize or award is received on the basis of a bona fide
competition not related to the designated employee ' s
official status. Prizes or awards which are not disclosed
as gifts shall be disclosed as income.
Category 4 . Less-Inclusive Reportable Investments
A designated employee in this category shall disclose
those, and only those, Category 1 reportable investments which
pertain to a business entity, a business activity of which is
that of:
(a) Providing within the last two (2) years, or foreseeably
in the future, services , supplies, materials, machinery
or equipment to the City of Atascadero.
(b) Conducting a business in the City of Atascadero which
requires a business license therefor pursuant to ordi-
nances , of the City.
(c) Sale, purchase , exchange, lease or rental, or financing,
for its own account or as broker, of real property or
construction thereon of buildings or structures.
Category 5. Less-Inclusive Reportable Interests in Real Property
A designated employee in this category shall disclose those,
and only those, Category 2 reportable interests in real property
where the property or any part of it is located within or not more
than 500 feet outside the boundaries of the City of Atascadero.
Category 6 . Less-Inclusive Types of Reportable Income
A designated employee in this category shall disclose those,
and only those types of Category 3 reportable income which are
derived from a source, an activity of which is that of:
(a) Providing within the last two (2) years, or foreseeably
in the future , services, supplies , materials , machinery
or equipment to the City of Atascadero.
(b) Conducting a business in the City of Atascadero which
requires a business license therefor pursuant to ordi-
nances of the City.
12
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(c) Sale, purchase, exchange, lease or rental , or financing
for its own account or as broker, of real property or the
development, syndication, or subdivision of real property
or construction thereon of buildings or structures.
13
M E M O R A N D U M
TO: City Council
FROM: City Manager
SUBJECT: Dial-A-Ride Transit System Contract
Starting July 1st, the City will be responsible for
the Dial-A-Ride transit system. It is presently under the
management of Community Transit Services , Inc. , who pro-
vides under contract personnel, training, drivers, dis-
patchers , and management of the Dial-A-Ride operation.
The cost of this service is not to exceed $71, 461 per year;
an amount which is included in the 1980/81 budget.
The contract is one similar to that entered into by
Morro Bay and the County for Dial-A-Ride operations.
Request your motion approving the contract and directing
the Mayor and City Clerk to execute it.
RRA.Y WARDEN
MLPI. d
6-19-80
COMMUNITY TRANSIT SERVICES, INC.
2121 West Crescent Avenue, Suite D • Anaheim, California 92801 • (714) 956-9830
May 20, 1980
File: C:CA-Atascadero/FY-80/81
JJF-05200-1620-FC RECEIVED NAY 2 2 1980
CITY OF ATASCADERO
Administration Building
6501 Lewis Avenue
Post Office Box 747
Atascadero, CA 93422
Attention: Mr. Larry McPherson
Public Works Director
Gentlemen:
Enclosed are four fully executed Agreements between the City of Atascadero
and Community Transit Services, Inc. , for the City's Dial-A-Ride Transit
System.
The budget has been reduced to reflect the City's providing vehicle in-
surance, and the detailed Scope of Services has been added as Exhibit A.
Upon execution of this Agreement, please return one copy for our files.
We at CTS are looking forward to a long and mutually beneficial relation-
ship with your newly incorporated community.
If any questions arise, please feel free to contact me or Mr. William C.
Downing, Jr. , area Vice President.
Sincerely,--
. �
Sohn Ford
President
JJF/ld
Enclosures
xc(w/enc.) : W. Downing, Jr.
R. Matchett
xc(wo/enc.) : M. Kern
R. Wilson
1 -
2 AGREEMENT
3 THIS AGREEMENT is made this First day of July, 1980, by and between the
4 CITY'OF ATASCADERO, CALIFORNIA, hereinafter referred to as "City," and COM-
5 MUNITY TRANSIT SYSTEMS, INC. , hereinafter referred to as "M&0."
6 WITNESSETH:
7 WHEREAS, M&O has the management and technical personnel, expertise, and
8 other assets useful for the support of City's transportation project; and
9 WHEREAS, City is desirous of obtaining such services for said project; an
10 WHEREAS, M&O is desirous of providing such services;
11 NOW THEREFORE, in consideration of the foregoing recital and covenants an
12 agreements of each of the parties herein set forth, the parties hereto do agre
13 as follows:
14 1. Purpose: City hereby contracts with M&O to provide transportation
15 management and operations services upon the terms and conditions hereinafter
16 set forth.
17 2. Scope of Work: M&O will provide the services to be rendered as set
18 forth in Exhibit "A" (Scope of Work) , attached hereto and by reference incor
19I porated herein and made a part hereof.
201 3. Time Period: The term of this Agreement shall be from July 1, 1980
21 to June 30, 1981, inclusive. M&O shall commence service operations of City's
221 transportation project on July 1, 1980 and continue operation through June 30,
23 1980 within the budget defined under the heading "Maximum Obligation."
24i 4. Maximum Obligation: City agrees to pay M&O in consideration for its
I
25 'I services as described herein. The maximum price to be paid by City to M&O
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26 shall not exceed $71,461.00 (Seventy One Thousand, Four Hundred, Sixty One
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27 �I /Dollars) .
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1 5. Price Formula: City agrees to pay M&O for performance of the
2 services set forth in this Agreement as follows: Payment of a fixed hourly
3 rate of $15.57 per vehicle service hour.
4 Vehicle service hours will be computed by using the time each
5 vehicle leaves the garage for its first pickup point each day and until such
6 time as each vehicle returns to the garage at the end of each operational day
7 excluding time for driver lunch breaks.
s The hourly rate shall include, but not be limited to, the follo
9 ing: vehicle operators, managenent's, and controllers' wages; employees fringe
10 benefits; overhead costs; maps and charts; uniforms; report reproduction;
11 and dispatch office supplies.
12 (c) City shall provide dispatch office facilities, garage and parkin
13 facilities, fuel, radio and vehicle maintenance; repairs due to accidents;
14 these are not included in the hourly rate defined in 5(b).
15 (d) Payment of a fixed hourly rate of Fifteen and 57/100 Dollars
16 $15.57 per hour that a vehicle and driver are used for promotional purposes.
17 6. Invoices: M&O shall submit the invoices to City as follows:
is (a) Hourly costs shall be directly traceable by dispatcher and/or
19 driver trip sheets and employee time cards, which will be available for review
Z0 by City. Hourly costs shall be submitted weekly.
21 (b) Other charges not covered in the hourly rate, and any hourly
22 cost left over from the weekly invoices, shall be billed monthly with charges
23 directly traceable to receipts, bills, etc. , copies of which shall be attached
24 /
25 /
26 /
27 /
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I ) to the invoice. Each such statement shall contain a certification that all
2 amounts billed are in accordance with this Agreement.
31 7. Payment: All payments by City shall be made in arrears, after the
4 service has been provided. Payment shall be made by City no more than thirty
5 (30) days from City's receipt of invoice. City shall normally pay by voucher
6 or check within ten (10) working days after each meeting at which payments can
7I be authorized, provided that City receives the invoice at least three (3)
8 working days prior to the City's meeting date. If City disputes any items on
9 an invoice for a reasonable cause, City may deduct that disputed item from the
10 payment, but shall not delay payment for the undisputed portions. The amounts
111 and reasons for such deletions shall be documented to M&O within fifteen (15)
12 working days after receipt of invoice by City. City shall assign a sequential
13 reference number to each deletion. Payments shall be by voucher or check
14payable to and mailed first class to:
15 Accounts Receivable
COMMUNITY TRANSIT SERVICES, INC.
16 2121 West Crescent Avenue, Suite D
Anaheim, CA 92801
17
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18 8. Operating Revenues: All operating revenues collected by M&O are the
19I property of City. Operating revenues include all fares, sales of tickets and
20 passes, advertising sales, and rental of equipment. They shall be counted and
21 kept separately under appropriate security. Once a week or more frequently
22 I they shall be deposited by M&O at a banking institution as directed by City.
23 Reports on the revenues collected and deposited shall be provided to City.
240
9. Charter Services: Charter services will be provided by M&O upon
25 ;1 request by City's authorized employees as follows:
j
26i (a) When charter services fall entirely within normal service hours
P
27and City directs that normal operating personnel should be used 'to provide thef
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1 charter service, such service will be provided at the regular cost as defined
2 in the "Price Formula" but at the expense of a lower level of service for
3 normal operations. Such charter services are considered a part of this Agree-
4 ment.
5 (b) Charter services outside normal operating hours and charter
6 services within but in addition to normal operation shall be considered extra
7 services. The costs will be determined on an individual-trip basis at the
8 regular cost as defined in the "Price Formula" and billed separately from this
9 contract, and shall be treated as a change to this Agreement as defined under
10 "Changes," and shall be in excess of the maximum price defined in the "Maximum
11 Obligation."
12 10. Control:
13 (a) All services to be rendered by M&0 under this Agreement shall b
14" subject to the control of City. M&O shall advise City of matters of importanc
15 and make recommendations when appropriate; however, final authority shall rest
16 with City.
17 (b) City shall not interfere with the management of M&O's normal
18 internal business affairs and shall not attempt to directly discipline or
19 terminate M&O employees. .City may advise M&O of any employee's inadequate
20 , performance which has a negative effect on the service being provided, and M&O
21 shall take prompt action to remedy the situation. In extreme cases, City may
22 demand removal of an M&O employee.
23 11. Management: During the term of this Agreement, M&0 shall provide
24 II sufficient executive and administrative personnel as shall be necessary and
S ,I required to perform its duties and obligations under the terms hereof.
26
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1 12. Medical Assistance to Passengers: M&0's employees shall not be
2 required to perform any medical or quasi—medical functions for passengers. In
3 the event of illness on board a vehicle, the driver shall advise the dispatcher
4 by radio and may proceed immediately to a medical facility for help.
5 13. Uniforms: M&0 shall purchase uniforms for employees and shall
6 require the employees to wear them. The design, type, and logo of the uniform
7 shall be subject to City's approval.
8 14. Changes: In the event City orders changes from the list of work
9 shown in Exhibit "A" (Scope of Work) or for other causes orders additional M&0
10 work not contemplated hereunder, additional compensation shall be allowed for
11 such extra work according to the method defined under the heading "Price
12 Formula." City shall promptly notify M&0 in writing by change order of all
13l changes in scope. Change order shall specify a cost limit or shall be subject
14i to subsequent negotiation.
15 15. Renewals: This Agreement shall be renewed for subsequent budget
16 periods upon the mutual agreement of both parties. The parties shall meet
17 prior to two (2) months before the expiration date of the budget in this
18 Agreement to develop a budget for the subsequent period.
19i 16. Qualification for Future Contracts: As a result of having entered
20 into this Agreement, M&0 shall not be inhibited, penalized, or disqualified
21 from bidding subsequent transportation management and operation programs under
22 ' the jurisdiction of City.
23 17. Succession: This Agreement shall be binding on and inure to the
24 benefit of the heirs, executors, administrators, and assigns of the parties
25 hereto.
261,1 /
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1 18. Disputes:
2 (a) Any controversy or claim arising out of or relating to the
3 provisions of this Agreement, or the breach thereof, shall be settled by
4 arbitration at the election of either party in accordance with the Rules of the
5 American Arbitration Association at Los Angeles and judgment upon the
6 ; award rendered by the arbitrators may be entered in any court having juris-
71 diction thereof.
8I (b) The Federal Procurement Regulations shall be used where applic—
9 able to define, resolve, and settle procurement issues.
10 19. Stop Work: City may stop work on City's transportation system upon
11 i forty—eight (48) hours written notice to M&0. City shall be liable for all
12 relevant costs incurred prior to the stop—work period and for restart, if
13 any. City shall be obligated for the costs including severance for personnel
14. assigned to City's transportation system for a period not to exceed four (4)
151 weeks after the stop work goes into effect. M&0 shall make all reasonable
16 efforts to minimize costs to City.
171 20. Termination:
18 I (a) City may terminate the Agreement upon ninety (90) days' written
191. notice to M&0 and shall be liable for costs and a prorate of the fee as speci-
20Ii1 fied under the heading "Price Formula" accrued to date of termination and for
2111 all other termination costs. In the event the Agreement is terminated, all
22 pertinent data prepared for the project shall be made available to City without
II
2311 additional cost.
21 iiI
(b) In the event City is delinquent in paying M&0 by more than
I
25 ': fifteen (15) calendar days and has received a statement by certified mail of
26 '' the delinquency from M&0, then M&0 may serve, by certified mail, a notice of
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27 � its intent to suspend operations at least seven (7) calendar days subsequent to
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1 the receipt of notice by City. If City does not correct the delinquency or if
2 the parties do not agree to arbitrate the dispute under the provisions of this
3 Agreement, then M&O may suspend operations without further notice or penalty o
4 the date indicated by the notice.
5 21. Communications: All notices hereunder and communications with
6 respect to this Agreement shall be effective upon the mailing thereof by
7 registered or certifed mail, return receipt requested, and postage prepaid to
8 the persons named below:
9 If to M&0: Contract Administrator
COMMUNITY TRANSIT SERVICES, INC.
10 Suite D
2121 West Crescent Avenue
11 Anaheim, CA 92801
12 With copy to: President
COMMUNITY TRANSIT SERVICES, INC.
13 Suite D
2121 West Crescent Avenue
14 + Anaheim, CA 92801
15 If to City: City ?tanager
16 CITY OF ATASCADERO
Post Office Box 747
171 6501 Palma Ave.
Atascadero, CA 93422
18 22. Information and Documents: All information, data, reports, records,
19 maps, survey results as are existing, available, and necessary for carrying ou
20 the work as outlined in Exhibit "A" hereof, shall be furnished to M&O without
21 charge by City, and City shall cooperate in every way possible in the carrying
22 out of the work without undue delay.
23I 23. Proprietary Rights: All inventions, improvements, discoveries,
2411 proprietary rights, patents, and copyright made by M&O under this Agreement
25shall be made available to City with no royalties, charges, or other costs, bu>(
I 1
26 1 shall be owned by M&0. All manuals prepared by M&O under this Agreement shall':
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27 �I be made available to City at no charge but shall be owned by M&O and shall not
jI.
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11 be copied, disclosed, or released by City or City's representative or par—
t ticipating organization without prior written consent of M&0. Reports are
3 excluded from this provision, and shall be owned by City. M&0, however, shall
4I have the right to print and issue copies of these reports. M&0 may make
5 presentations and releases relating to the project. Papers and other formal
61 publications shall be approved by City before they are released.
7 24. Force Majeure:
8 (a) M&0 shall not be held responsible for losses, delays, failure t
9 1 perform, or excess costs caused by events beyond the control of M&0. Such
10 events may include, but are not restricted to, the following: Acts of God;
11 fire, epidemics, earthquake, flood, or other natural disaster; acts of the
12 government; riots, strikes, war, or civil disorder; unavailability of fuel.
13 (b) The Agreement shall be subject to immediate renegotiation for a
14,11 equivalent price increase and/or reduction in scope in the event that the
15 I inflation rate, as measured by the cost of living index, exceeds a rate of ten
1611 (10) percent per year.
17I 25. Shortages and Delays: In the event that City fails to provide or
18 delays providing items as herein provided, in the number and size required,
191 then M&0 shall not be responsible for any delays or resulting decline in the
2011 quality of service.
21 1 26. Emergency Procedures: In the event of a major emergency such as an
221! earthquake, dam failure, or man—made catastrophe, M&0 shall make transportatio
2311 and communication resources available to the degree possible for emergency
2411 assistance. If the normal line of direct authority from City is intact, M&0
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25ij shall follow instruction of City. If the normal line of direct authority is
i!
26 `; broken, and for the period while it is broken, M&0 shall make best use of
ii
P71, transportation resources following to the degree possible the direction of an
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I organization such as the police, Red Cross, or National Guard, which appears to
2 have assumed responsibility. Emergency uses of transportation may include
3 evacuation, transportation of injured, and movement of people to food and
4 shelter. M&O shall be reimbursed in accordance with the normal "Price Formula '
5 and "Payment" or, if the normal method does not cover the types of emergency
6I services involved, then on the basis of fair, equitable, and prompt reimburse
-
7 ment of M&O's actual costs. Reimbursement for such major emergency services
8 shall be over and above "Maximum Obligation" of this contract. Immediately the
9 emergency condition ceases, M&O shall reinstitute normal transportation ser-
10 vices.
11 27. Audit: M&O shall permit the authorized representatives of City, the
12 U.S. Department of Transportation, and the Comptroller General of the United
13 States to inspect and audit all data and records of the contractor relating to
14 performance under this Agreement. M&O operates on a four—four—five week
15 accounting cycle which is acceptable to City.
16 28. Transportation Data Reporting: M&O shall report transportation data
17 to City in accordance with Level C of the Uniform Financial Accounting and
18 Reporting Elements (FARE) as required under Section 15 of the Urban Mass
19 Transportation Act of 1964 as amended and the California Public Utilities Code,
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20 Chapter 4, Section 99243.
21 29. Licenses: A license and a Certificate of Public Convenience and
221 Necessity to operate in accordance with this Agreement are hereby granted to
23I M&O. Any franchise or business license fees that City might ordinarily requir
241 for operation in accordance with this Agreement are hereby expressly waived
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25 by City.
i.
26
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1 30. Workers' Compensation: M&0 certifies that it is aware of the pro-
2 visions of the Labor Code of the State of California which require every
3 employer to be insured against liability for Workers' Compensation or to
4 undertake self-insurance in accordance with the provisions of that Code, and i
5 certifies that it will comply with such provisions before commencing the
6 performance of the work of this Agreement.
7 31. General Insurance: Throughout the term of this Agreement, M&0 shall
8 procure and maintain a Five Million Dollar ($5,000,000) general business
9 liability and umbrella insurance policy. M&0 shall name City as additional
10 insured on this policy and shall provide City with a copy.
11 32. Vehicle Insurance: City shall provide or insure that others provide
12 insurance coverage for losses of and damage by all vehicles used in the pro-
13 gram. Any losses or damages not covered by insurance shall be an obligation
14 { of City and not, under any circumstances, of M&0. M&0 shall not be required t
15obtain collision, property, or personal injury insurance for any vehicle
1611 provided by City under this Agreement. City shall insure that M&0 is named as
17 additional insured under the policy covering the buses used in this program an
18 , shall provide M&0 with a copy of the policy.
191 33. Fidelity Bond: During the period of time this Agreement shall be in
20 effect, M&0 shall cause its staff personnel to be covered under an appropriate
21 I bond protecting City from employee theft up to the amount of Twenty-Five
221' Thousand Dollars ($25,000) with respect to any one occurrence by M&0 employees
23 i 34. Nondiscrimination:
24 ' (a) In connection with the execution of this Agreement, M&0 shall
25 !i not discriminate against any employee or applicant for employment because of
2611 age, race, religion, color, sex, or national origin. M&0 shall take affirm-
27 ative actions to insure that applicants are employed, and that employees are
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1 treated during their employment, without regard to their age, race, religion,
2 color, sex, or national origin. Such actions shall include, but not be limit d
3 to, the following: employment, upgrading, demotions or transfer; recruitment
4 or recruitment advertising; layoff or termination; rate of pay or other forms
5 of compensation; and selection for training, including apprenticeship.
6 (b) M&O shall also comply with the requirements of Title VI of the
7 Civil Rights Act of 1964 (P.L. 88-352) and with all applicable regulations,
g statutes, laws, etc. , promulgated pursuant to the civil rights acts of the
9 state and federal government now in existence or hereafter enacted. Further,
101 M&O shall also comply with the provisions of Section 1735 of the California
11 Labor Code.
12 ' 35. Minority Business Enterprise: In connection with the performance o
13 this contract, M&O will cooperate with City in meeting City's commitments and
14 goals with regard to the maximum utilization of minority business enterprises
15 and will use its best efforts to insure that minority business enterprises
1
16 � shall have the maximum practicable opportunity to compete for subcontract wor
17 under this contract.
18 36. Cross-Hiring of Employees, Officers, Members:
191 (a) During the term of this Agreement, M&O shall not hire any
20 ii supervisory employee of City, or former supervisory employee of City without
21 prior written approval of City. City shall not hire any employee or former
22 employee of M&O without prior approval of M&0. Only former employees who hav
23 terminated their employment with one of the parties within a year prior perio
24 shall be a "former employee" or a "former supervisory employee" as referred t
it
25 i above.
26 1 /
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1 (b) During the term of this Agreement, neither party shall hire ani�
2 present or former officer, shareholder, or member of the other party without
3 the express written approval of the other party.
4 (c) After the expiration or termination of this Agreement, City or
5 M&0's successor, shall be permitted to hire any M&0 employee previously
6 employed on this program. At that time, in hiring an M&0 employee or a forme
7 M&0 employee, City shall insure and require that employment process fairly
8 treat the ex-M&0 employee as a member of the general public with no discrimin
9 ation, no waiver of job advertising, no consideration of M&0 employee's sen-
10 iority, and no other privilege different from that accorded to members of the
11 general public.
12 37 . Interest of Members of or Delegates to Congress: No member of or
13 delegate to the Congress of the United States shall be admitted to any share or
14I part of this contract or to any benefit arising therefrom.
15I 38. Prohibited Interest: No member, officer, or employee of City durin
16 his/her tenure or one year thereafter shall have any interest, direct or
17 indirect, in this contract or the proceeds thereof.
18 39. Conflict of Transportation Interests: M&0 shall not divert any
19 revenues, passengers, or other business from City's project to any taxi or
20 other transportation operation of M&0.
21 40. Transfer of Title to Equipment: Equipment and supplies purchased b
22 i M&0 as a direct-charge item in connection with the performance of this Agree-
23 went shall become the property of City upon payment of invoice for that equip
24Iment and supplies submitted by M&0.
25ii 41. Headings: The headings or titles to sections of this Agreement are
I
26 '. not part of the Agreement and shall have no effect upon the construction or
211! interpretation of any part of this Agreement.
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I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
2 executed by and through their respective officers thereunto duly authorized o
3 the date written below their signatures.
4 CITY OF ATASCADERO MMUNITY TRANS SE ICES, INC.
5 By: By:
6 Date: Date:
7 Witnessed by: And yy;
G
9 Date: Date. 5-'1
0
10 Approved as to form:
11
12 Date:
13
14
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16
17
18
19
20
21
22
23
24
251
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II
EXHIBIT "A"
SCOPE OF WORK
TASK 1 -- SYSTEM OPERATION
The M&O will operate the system in accordance with currently estab-
lished procedures.
The system will be operated between the hours of 9:00 a.m. and 6:00
p.m. , five (5) days per week, Monday through Friday. Subject to vehicle
availability, M&O will provide an average of eighteen (18) vehicle hours
of service on a weekday for a total of ninety (90) vehicle hours per
typical week. No service will be provided on Saturdays, Sundays, or the
following holidays: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, or Christmas Day.
Charter services also will be provided when requested or approved by
the CITY.
M&O will provide the properly trained drivers and controller to operate
the system. Throughout the day, supply in terms of controllers and
drivers will be tailored to demand. To cover normal operating hours,
(defined above), one controller and the equivalent of two drivers (perhaps
one full-time and two part-time) will be needed.
In addition to operating the vehicles and the control center, M&O
personnel will perform fare accounting, transfer revenue to CITY as
mutually agreed upon, and collect data for periodic analysis. They also
will serve as another channel for detecting and reporting crimes, accidents,
fires, and any other events affecting the safety and well-being of
Atascadero residents.
It is understood that the CITY will provide a fleet of three (3)
vehicles; vehicles licenses; insurance; fuel, oil and grease, and all
vehicle cleaning and maintenance, and operating local radio system with
license and three (3) mobile units installed in the vehicles, including
maintenance; facilities for garaging the vehicles; and control center
facilities including equipment and a telephone system, plus janitorial
services and supplies.
TASK 2 -- SYSTEM MANAGEMENT
M&0 will manage the day-to-day operation in accordance with currently-
adopted procedures and good management practices.
Management of day-to-day operations of the system will be vested in
a Location Supervisor who will be well-experienced in all aspect of Bial-
a-ride operations. In addition, a responsible senior employee of M&0
will be available at all times, either by phone or in person, to make
decisions or provide coordination as necessary.
The above individuals will be responsible for monitoring all aspects
of system operation and maintenance. Included are ridership; quality of
service; fare collection and accounting in accordance with currently
established procedures; maintenance and repair work; attitudes, motivations,
and performance of all personnel. Methods of improving system operations
and service will be sought out, along with deficiency and substandard
performance. Results will be reported to the CITY along with any corrective
actions which may have been taken. In no case will a corrective action
which affects the nature, quality, or quantity of service be taken without
first obtaining CITY approval.
Monthly reports summarizing ridership revenue and costs will be
submitted to the CITY. Problems will be highlighted along with suggested
solutions. In addition, these reports will contain a critique and
evaluation of the system and the service along with recommended correc-
tive action when appropriate. All reports must be submittefd to the CITY
in duplicate by the fifteenth (15th) day of the month following the
reporting period.
Additionally, management personnel will recruit, hire, and train
replacement personnel as necessary; perform liaison activities with the
CITY and other transportation agencies as requested by the CITY; and give
occasional presentations to interested persons and visitors. Since
manpower to make presentations will be limited, such requests should be
carefully controlled and made through the Location Supervisor.
1 • a I
SCHEDULE AND COST
SCHEDULE
M&O proposes to provide drivers, controllers, and a supervisor to
manage and operate the Atascadero Dial—A—Ride program for a period of 52
weeks commencing July 1, 1980.
COST
The total cost of providing the above is estimated to be $63,461.00
with a fee of $8,000 for a total price of $71,461.00 or $15.57 per vehicle
service hour.
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ATASCADERO DIAL—A—RIDE
COST BREAKDOWN
1980/1981
Managenent $15,000
Controllers 4,080
Vehicle Operators 19,508
Direct Labor $38,588
Indirect Labor 21,223
Total Labor $59,811
OPERATING COST
Travel/Petty Cash $ 400
Physicals 250
Supplies 1,000
Startup/Carry—over 2,000
$ 3,650
Cost $63,461
Fixed Fee 8,000
Price
$71,461
4,590 Service Hours
Rate per Vehicle Service Hour: $15.57