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HomeMy WebLinkAboutAgenda Packet 09/23/1997 *PUBLIC REVIEW COPY Please not re from counter ATASCADERO CITY COUNCIL REGULAR MEETING SEPTEMBER 23, 1997 CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM 7:00 P.M. ; George Harold Ray Jerry Ken Luna Carden Johnson Clay Lerno This agenda is prepared and posted pursuant to the requirements of Government code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss an act on each item. In addition to any action identified in the brief general- description of each Item, the action that may be taken shall include: A referral to staff with specific requests for information; continuance;specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and, disapproval.- Copies of t 7e staff reports or other documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the Information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk will a 7swer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a C ty meeting or other services offered by this City, please contact the City Manager's Office, ( 05) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours p br to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. 6:30 P.M. - CLOSED SESSION CONFERENCE WITH LE AL COUNSEL- ANTICIPATED LITIGATION (Govt. Code Sec. 54956.9 (b)) Significant exposure to litigation 0 case): 1) EI Camino Self Storage v. City of Atascadero CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: City Attorney Employee organizations Mid-Management/Professional, Atascadero Fire Captains, Atascadero Firefighters Service Employees Intl. Union Local 620, Atascadero Sergeants Service Orgn., Atascadero Police Officers Assoc., Atascadero Public Safety Technicians Orgn. 7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Participation, back page) CALL TO ORDER Oki PLEDGE OF ALLEGIANCE ROLL CALL COUNCIL COMMENTS COMMUNITY FORUM A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar.• 1. CITY COUNCIL MINUTES - August 26, 1997 [Marcia Torgerson] (City Clerk recommendation: Adopt) 2. CITY COUNCIL MINUTES - September 9, 1997 [Marcia Torgerson] • (City Clerk recommendation: Adopt) 3. AUDITED BILLS & PAYROLL FOR AUGUST 1997 [Rachelle Rickard] (Staff recommendation: Approve) 4. RESOLUTION NO. 89-97 - Authorizing refinancing of an existing lease, the execution and delivery of a sublease & site lease, and authorizing and directing certain actions in connection therewith [Rachelle Rickard] (Staff recommendation: Adopt) 5. RESOLUTION NO. 90-97 - Amending Resolution No. 99-96, which approved the adoption of the 1996-97 Fiscal Year Budget [Rachelle Rickard] (Staff recommendation: Adopt) 6. REQUEST BY ATASCADERO KIWANIS CLUB FOR THE PLACEMENT OF A MEMORIAL IN HONOR OF THE LATE OTTO HEILMANN [Brady Cherry] (Staff recommendation: Approve) 2 7. ORDINANCE NO. 334 - Amending the official City zoning map by rezoning certain real property at 405/7425 Navajoa Ave. From CP (Commercial Professional) to LSF-X (Limited ingle Family - High Density) (ZC 97003/ Gearhart) [Steve DeCamp] (Staff recomme dation: Motion to waive reading in full and adopt on second reading by titleonly) B. PUBLIC HEARIN S: 1. CONSIDERATION OF DRAFT ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE NACIMIEN O WATER PROJECT [Steve DeCamp] (Staff recomme dation: Review & discuss) C. REGULAR BUSINESS: 1. DISCUSSION OF FUTURE CITY COUNCIL MEETING DATES [Marcia Torgerson] (Staff recommendation: Cancel 10/14, 11/11 & 12/23/97 Council meetings) D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1 . S.L.O. County IV ayors Group 2. S.L.O. Council of Governments/S.L.O. Regional Transit Authority 3. City/School Committee 4. County Water A Jvisory.Board/Nacimiento Water Purveyors Advisory Group 5. Economic Round Table 6. Finance Commit ee 7. Air Pollution Co trot District 8. North County C unci) - Next meeting 7:00 p.m., October 23, 1997 in Paso Robles [Marcia Torgers n] (City-Clerk recof r7mendation: Provide direction re: attendance and agenda items) 9. Ad Hoc Regiona Water Management Committee 10. Integrated Wast Management Authority 3 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager 4 RULES OF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments' as a citizen. To increase the effectiveness of your participation, please familiarize yourself with the following rules of decorum: O Members of th audience may speak on any item on the agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). O Persons wishin to speak should step to the podium and state their name and address, for the official record. O All remarks sha I be addressed to Council, as a whole, and not to any individual member thereo . O No person shall be permitted to make slanderous, profane or personal remarks against any ele ted official, commissions and staff. O A person may speak for five (5) minutes. O No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. O Council Members may question any speaker; the speaker may respond but, after-the allottel time has expired, may not initiate further discussion. O The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM: O The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. O A maximum o 30 minutes will be allowed for Community Forum, unless Council authori es an extension. O State law does not allow the Council to take action on issues not on the agenda, staff ay be asked to follow up on such items. Agenda item--#A•- 1 Meeting Date: 9/23/97 ATASCADERO CITY COUNCIL AUGUST 26, 1997 MINUTES 6:30 P.M. - CLOSEDSESSION: 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (G.C. Sec. 54956.9(a) ) Name of case: Greene v. Atascadero Mayor Johnson adjourned the Closed Session meeting at 6:45 p.m. Roy Hanley, City Attorney announced t at there was no action taken. 7:00 P.M. - REGULAR SESSION: Mayor Johnson called he Regular Session to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: C)uncilmembers Carden, Clay, Lerno, Luna and Mayor Johnson Absent: None Others Present: Marcia M.'Torgerson, City Clerk Staff Present: R bert Grogan, Interim City Manager; Roy Hanley, City Attorney; Sieve DeCamp, Acting Community Development Director; Brady Cherry, Community Services Director; Mike McCain, Fire Chief; Valerie Humphrey, Staff Assistant; Doug Davidson, Senior Planner; R chelle Rickard, City Accountant and Sgt. John Couch. SPECIAL PRESENTATION: Robert Grogan, Interim City Manager Mayor Johnson presented Mr. Grogan with a plaque which was inscribed, "Presented to Robert F. Grogan, Interim City Manager, from 2/97 to 8/97 for your sage leadership in strengthening the City's organizational and financial foundation, pointing Atascadero in a positive direction." Mr. Grogan thanked Milyor Johnson and all of Atascadero for the rewarding experience of working for the City of Atascadero. COUNCIL COMMENTS Councilman Luna expressed his thanks to staff for using recycled paper. He asked that his thanks be passed on to all the staff. Councilman Luna also stated that since we now have a sidewalk fund aid an encroachment ordinance, we should start implementing the walk to school program, possibly starting at the San Benito School. He said that he had- heard that there was a possibility that the sidewalk fund could not be legally used for such a program. Councilmember Luna asked staff to research the legality of using the sidewalk fund. Brady Cherry responded that the ball is in the court of the Atascadero Unified School District. He explained that the City has asked them to prepare a prioritized list of projects, which they haven't done. Mayor Johnson announced that he will be meeting with.the new superintendent of schools in a few weeks and he will bring this topic up with him. Councilmember Carden talked to Mike Clark, principal of San Gabriel School, who explained that, as of last year, the PTA's had reviewed the lists and they feel the ball is in the City's court. Mayor Johnson asked staff to research the issue and report back to Council. Councilmember Lerno stated that the City/School Committee hasn't met in months. Mayor Johnson stated he will mention that to the superintendent. Councilman Carden expressed his appreciation to Chief McCain on the handling of the Pine Mountain fire. He also thanked Chief McCain for calling the Councilmembers to inform them of the status of the fire so that they could respond to calls received from citizens. Mayor Johnson also expressed his thanks that Chief McCain had reported to the Council a month ago that he had negotiated a deal with the State that they would pay for air drops. He stated that he would be glad to send a letter of thanks to the other agencies that were involved. Councilmember Clay announced that the Youth Center will be starting 10/1/97, from 3:00 to 6:00p.m. COMMUNITY FORUM Rush Kolemaine, P.O. Box 1990, thanked Councilmember Luna for bringing up suggested routes to school. He encouraged Councilmember Lerno to pursue the issue at the City/School Committee meetings. Dennis Schmidt, 8675 Santa Rosa Road, a member of Traffic Committee, and lives next to Santa Rosa Elementary School. He suggested that the City invite the PTA's to the Traffic Committee meetings. He also said that since the routes have been designatedAlso, he expressed his concerns of the realignment of Highway 41, especially in regards to the bridge at Stadium Park. Councilmember Luna asked Steve DeCamp who is responsible for monitoring the mitigation measures in the EIR for the Highway 41 realignment. Mr. DeCamp responded that CalTrans was responsible. There was discussion by Council of the appointed committee and its' function. Councilmember Clay stated he was on that committee and that sound barriers are not required by Stadium Park as there is a mountain between the park and the highway. There was also discussion of whether there was any benefit to continuing the committee. Mayor Johnson asked staff to look into the issue of the Highway 41 realignment mitigations and bring the item back to the Council for discussion and/or action. Ann Ketcherside, 9012 Latina, complimented Council on a job well done. She shared a story of a man whom she felt was abused and harassed by the police department. She also expressed her concern that the businesses located near the Carlton Hotel are being charged fees by the City of Atascadero. Mayor Johnson responded that the fees are charged by the BIA, not the City. He asked Roy Hanley to check with the police department and relay any pertinent information to the Council. CC 08/26/97 Page 2 Eric Greening, 7365 VF Ile, thanked Chief McCain for the fire fighting efforts on Pine Mountain. He also thanked Mr. Grogan for his calm stewardship. Mr. Greening stated his concerns of discontinuing the committee for the Highway 41 realignment. He asked why S' the City can't spend money already set aside for safe routes to school program. He reminded the Council that the Lake Nacimiento EIR public comment deadline is 10/15/97 Ito the County Planning Department). He suggested that Council have public hearing at the 9/23/97 meeting. Mayor Johnson directed Steve DeCamp to make sure that the Lake Nacimiento E/R is schedu d on the September 23, 1997 City Council agenda. --end Community Foru — A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - May 27, 1997 [Marcia Torgerson] (City Clerk's recommendation: Approve) 2. CITY COUNCIL MINUTES - June 10, 1997 [Marcia Torgerson] (City Clerk's re ommendation: Approve) 3. CITY COUNCIL MINUTES - August 12, 1997 [Marcia Torgerson] (City Clerk's recommendation: Approve) 4. TENTATIVE PARCEL MAP 96015, 5075 TRAFFIC WAY - Consideration of final parcel map to create five airspace condominium units within three industrial buildings curre tly under construction (Gearhart/Cannon Associates) [Steve DeCamp] (Staff recommendation: Accept) 5. PAYMENT OF AUDITEb BILLS AND PAYROLL - JULY, 1997 [Rachelle Rickard] (Staff recommendation: Approve) 6. RESOLUTION O. 77-97 - Authorizing the execution of an agreement with Hope Lutheran Churc of Atascadero for lease of the Lake Pavilion on Sunday mornings 9/8/97 - 8/31/ 8 [Brady Cherry] (Parks & Rec. Commission recommendation: Adopt) 7. RESOLUTION NO. 78-97 - Authorizing the execution of an agreement with Christ the King reforrr ed Episcopal Church for lease of the Rotunda Room on Sunday mornings 9/8/S7 - 8/31/98 [Brady Cherry] (Staff recommendation: Approve) 8. RESOLUTION NO. 83-97 - Awarding a contract to Nelson/Nygaard Consulting Associates for preparation of an implementation plan for fixed route transit service [Brady Cherry] (Staff recommendation: 1) Adopt Short-Range Transit Plan as modified by citizen & SLOCOG comments, and 2) adopt Res. 83-97) 9. RESOLUTION NO. 84-97 - Authorizing certain City representatives to execute State Office of Emergency Services Documents for certain financial assistance [Rachelle Rickard] (Staff recommendation: Adopt) CC 08/26/97 Page 3 Mayor Johnson pulled item A-4 and stated that Councilmember Lerno would be stepping down on the item due to a potential conflict of interest. Mayor Johnson also pulled item A-8 for Rush Kolemaine. Councilmember Clay pulled items A-6 & A-7. MOTION: By Councilmember Luna and seconded by Councilmember Clay to approve items A-1, 2, 3, 5, and 9. Motion passed 5:0 by a roll-call vote. MOTION: By Councilman Luna and seconded by Councilmember Carden to approve item A-4. Motion:passed 4:0 by a roll-call vote (Lerno abstained)• RE: Item A-6 & A-7: Councilmember Clay asked Brady Cherry some questions about the leases proposed. MOTION: By Councilmember Clay and seconded by Councilmember Luna to approve items A-6 & A-7. Motion passed 5.0 by a roll-call vote. RE: A-8: Rush Kolemaine referred to a prepared statement he submitted on this item (see Exhibit A). He asked that the questions asked in his statement be answered. Brady Cherry responded to his questions and stated that there are many reasons for this implementation plan, including determining the fixed route, and the cost of the fixed route. Councilmember Carden asked about the $700 for final presentation; does that include only one meeting. Mr. Cherry responded that it did only include one meeting and any additional meetings required would be billed seperately as shown in Exhibit B of Item A-8. Eric Greening, 7365 Valle, stated that he agreed with some of Mr. Kolemaine's concerns. He stated that public meetings should be set so that those who use the transit system can attend. Mr. Greening said that he felt the City should explore coordination with the school district and contribution from the school district. Councilmember Clay asked additional questions of Brady Cherry and Council discussion continued. Councilmember Carden asked why there isn't a retention clause in the contract. Valerie Humphrey answered that the consultant will issue an invoice at the end of the project. Councilmember Carden expressed concern that the contract does not include language that allows the City to determine the end of the project based on our satisfaction with the work. Mayor Johnson asked Roy Hanley to express his opinion. Mr. Hanley stated that he felt the Council could authorize the contract based on the inclusion of a paragraph authored by him to be included. MOTION: By Councilmember Carden and seconded by Councilmember Lerno to approve Resolution 83-97 and give Roy Hanley, City Attorney, the authority to develop a City satisfaction or retention clause. Motion passed 5:0 by a roll-call vote. Roy Hanley pointed out that the agenda asked for two actions; 1)Adopt Short-Range Transit Plan andd 2)adopt Res. 83-97. CC 08/26/97 Page 4 MOTION: By Councilmember Carden and seconded by Councilmember Clay for approve item A-8 and give Roy Hanley, City Attorney, the authority to develop a City satisfaction or retention clause. tion passed 5:0 by a roll-call vote. B. PUBLIC HEARINGS: 1. CONSIDERATIC N OF REQUEST TO ADD "UTILITY FACILITIES" TO THE LIST OF CONDITIONALLY ALLOWED USES IN THE DOWNTOWN COMMERCIAL ZONE AND SUBSEQUENTLY REMOVE AN EXISTING 65' LATTICE TOWER AND CONSTRUCT A NEW 65' MONOPOLE FOR TELECOMMUNICATION SERVICES IN THE TOURIST COMMERCIAL DOWNTOWN OVERLAY ZONE [Steve DeCamp] A. Ordinance No. 333 - Amending the Zoning Ordinance text by adding "Utility Facilities' to the list of conditionally allowed uses in the downtown commercial zone (ZC 97004/Nextel Communications, Inc.) (Introduction & first reading) (Planning Commission/Staff recommendation: Introduce on 1' reading) B. Conditio al Use Permit 97009 (Planning Commission/Staff recommendation: Approve based on Findings and Rev ed Conditions of Approval) Doug Davidson gave tie staff report. Councilmember Luna asked if we can restrict the number of antennas. r. Davidson said yes, we just can't prohibit them We can restrict the number of antennas in any given area. Councilmember Clay asked why we have to tear down the old sigr pole. Steve Decamp responded that the downtown plan considered the pole for a City sign, however, the property owner has not been receptive to the City. --No Public Comment- MOTION: By Councilmember Luna and seconded by Councilmember Carden to approve the Negative Declaration as adequate. Illotion passed 4:1 by a roll-call vote (C/ay opposed). MOTION: E y Councilmember Luna and seconded by Councilmember Carden to opt Ordinance No. 333 and waive the reading in full and introduce i on first reading by title only. lotion passed 4:1 by a roll-call vote (Clay opposed). MOTION: By Councilmember Luna and seconded by Councilmember Lerno to pprove Conditional Use Permit 97009 based on Findings and Revised Conditions of Approval. 11,76 tion passed 4:1 by a roll-call vote (Clay opposed). It was noted by Mayor Johnson that the first motion on the Negative Declaration was not necessary as the Planning Commission had already taken care of that issue. CC 08/26/97 Page 5 2. REVISION TO THE 1995 CDBG PROGRAMS [Steve DeCamp] (Note: This item was reviewed and approved by the City Council via Res. 11-97 on 2/11/97. The hearing is being held again to ensure compliance with the 30-day notice required by federal guidelines) 40 A. Resolution No. 68-97 - Approving the reallocation of $5,000 in the 1995 CDBG allocation from the Kids Daycare Program to the preparation of ADA reports (Staff recommendation: Adopt) B. Resolution No. 69-97 - Authorizing the execution of an agreement with Phillips Metsch Sweeney Moore Architects for preparation of the City's Self- Evaluation and Transition Plan reports (Staff recommendation: Adopt) Doug Davidson gave the staff report. He explained that when the evaluation and transition plan went out to bid, the best overall bid was approximately $5000 overbudget. He went on to state that after a noticed public hearing on February 11, 1997, the Council approved the transfer of $5000 in CDBG funds from the Kids Daycare Program to this ADA evaluation plan. Upon review by HUD staff, it was learned that this change in funding should have been approved as a "formal amendment" versus a minor modification. Formal amendments require a public hearing with at least a 30-day notice. This item was noticed on July 17, 1997. Other than the notice time period, this action is identical to that taken by the Council on February 11, 1997. --No Public Comment-- MOTION: By Councilmember Luna and seconded by Councilmember Carden to adopt Resolution No. 68-97. Motion passed 5:0 by a roll-call vote. r MOTION: By Councilmember Luna and seconded by Councilmember Carden to adopt Resolution No. 69-97. Motion passed 5.0 by a roll-call vote. C. REGULAR BUSINESS: 1. REFUNDING THE 1989 CERTIFICATES OF PARTICIPATION [Rachelle Rickard] (Staff recommendation: Authorize refunding) Rachelle Rickard gave the staff report. She explained the City's opportunity to refinance the COP's at a lower interest rate. The current interest rate is 7.4% - 7.8%. Ms. Rickard recommended the Private Placement option as it would generate a larger savings. She explained that overall the City will realize a total cash savings of approximately $211,000.00, a net present value savings, which takes into account the time value of money, of $101,000.00 and a reduction of annual debt service payments of $30,000 to $40,000 each year. She asked the Council for a Minute Order authorizing the refunding of the 1989 COP's pursuant to the refunding proposal submitted by W.J. Fawell/Municipal Leasing. Councilmember Luna commented that we should have done this sooner and that he's glad we have Rachelle Rickard and Bob Hossli to look into these kinds of issues. Mayor Johnson agreed. CC 08/26/97 Page 6 --No Public Comment-- MOTION: By Councilmember Luna and seconded by Councilmember Carden to a thorize a Minute Order for the refunding of the 1989 Certificates of P rticipation pursuant to the refunding proposal submitted by W.J. F iwell Co./Municipal Leasing Associates dated July 30, 1997. otion passed 5.0 by a roll-call vote. D. COMMITTEE R PORTS S.L.O. County Mayor Group Mayor Johnson explai ied that the mayors had a briefing from PG&E concerning Diablo Canyon's downsizing Ian. He explained that at the Joint Cities meeting it was decided that the individual cities needed to review the Depreciation of taxing issue. Also, the Transit Funding Group is researching for specialized funding for transportation and road issues. He also said t iat the mayors asked if we would be willing to host the January 1998 Joint Meeting of City Councils. He has told them tentatively, yes. Economic Round Table Mayor Johnson stated that the Private Industry Council gave a briefing of the impact of welfare changes that will be in effect January 1998. Welfare recipients will have 5 years to get a job and get off welfare. This will have a significant impact of the job market. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Councilmember Clay expressed his appreciation to Bob Grogan. He also suggested that the City develop an in ependent citizen review committee to investigate serious complaints of the police department or any other department in the City. Councilmember Luna asked Roy Hanley what the procedure is for complaints. Mr. Hanley said there is no proce ure except for the Council to direct him to investigate a particular issue. Councilmembe Luna said that a complaint should be required to be in writing. Councilmember Carde i suggested involving the Risk Management Committee. Mayor Johnson as ed Mr. Hanley to bring back to Council his recommendation for a pro dure for handling complaints of City departments. City Attorney Roy Hanley thanked Bob Grogan for his leadership of the last six months. City Clerk Marcia Torgerson thanked Bob Grogan as she was newly appointed when he arrived and appreciated his help and advice. City Manager Bob Grogan expressed his appreciation for the kind comments. He then reported on recent legislation. Mayor Johnson thanked Mr. Grogan for keeping the Council up to date on recent legislation and getting letters out to the State expressing our position on current issues. CC 08/26/97 Page 7 Mayor Johnson reminded the Council of upcoming meetings; 9/9/97 Regular Council Meeting, 9/10/97 Council Workshop, 9/19/97 League Dinner Meeting - Buellton, 10/12/97 League Conference - San Francisco. Brady Cherry invited the Council to a Farewell Luncheon for Bob Grogan this Thursday, 8/28/97, at 12:00 p.m. at the Police Department. Also, he invited the Council and their families to a Welcome to the New City Employees Barbecue at the Lake Park on Wednesday, 9/10/97 at 6:00 p.m. Mayor Johnson adjourned the meeting at 8.48 p.m. MINUTES RECORDED AND PREPARED BY: Marcia M. Torgerson, City Clerk ATTACHMENTS: Exhibit A - Rush Kolemaine, prepared statement ISI CC 08/26/97 Page 8 EXHIBIT A City Council Minutes 8/26/97 - ® Item #A-8 rT TO: Atascad ro City Council FROM: Rush Ko emaine DATE: 26 August 97 SUBJ: 8/26/97 ALgenda Item A-8 Gentlemen: 3. Specifically, the Council, City Manager and the With regard to t above item, I assume the Director of Community Services may find Council is aware of my p rsonal long-standing deep themselves better provided in the end result if: concern about municipal transit within the City of Atascadero, my efforts e Tier this year to spark (a) "Fixed route issues" (Exhibit A-#1) can be defined greater public awareness f public rights with regard to the satisfaction of the prior public input obtained to public mass transit an the hundreds of hours I earlier this year, taking into consideration have devoted toward assisting the City to evaluate parameters previously established. the extent of public need;. (b) "Stakeholders meetings" (ExhibitA -#3, Exhibit B I am here provid ng the Council with my -#3) can be better defined with the following comments and observations regarding this agenda questions answered and incorporated into the item in order to reassure yself that our City is contractors requirements: continuing on track in esiablishing an adequate -Why and how will two stakeholders municipal transit system serving all citizens. meetings be conducted in a single day in The following are the considerations 1 hope Atascadero ? the Council will take note of and take such action as might be appropriate to insure the City will - By whom will such meetings be successfully reach it's goals. facilitated ? 1. Please note that although described as the "final -Where will such gatherings occur ? draft" of the SRTP, the document provided to the Council on 19 March wasin fact continually - How will the public be advised of such revised and corrected as recently as last July as the opportunity to participate ? result of discrepancies and errors incorporated by the SLORTA consultants Nelson\Nygaard) and the - whom and how will public input be actual final draft, or versi n, has as yet not been collected ? provided the Council nor made available publicly. Respectfully, 2. Given these as yet unr solved problems within D the SRTP, it would seem appropriate to require the City Manager, as provide A in specification #2 of the proposed Resolution 83-97, to be also authorized to make further correctionsand/or modifications within the agreement to me end the contractor fully meets the needs of the City and the transit-using public at large. Agenda Item #A-- 2 Meeting Date: 9/23/97 ATASCADERO CITY COUNCIL SEPTEMBER 9, 1997 MINUTES 6:30 P.M. - CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: C ty Attorney Employee organizatio s: Mid-Management/Professional, Atascadero Fire Captains, Atascadero Firefighter , Service Employees Intl. Union Local 620, Atascadero Sergeants Service Orgn., Atasca Jero Police Officers Assoc., Atascadero Public Safety Technicians Orgn. Mayor Pro Tem Ca rden adjourned the Closed Session meeting at 7:10 p.m, and Roy Hanley, City Attorney, announced that there was no action taken. 7:00 P.M. - REGULAS SESSION Mayor Pro Tem Carde called the Regular Session meeting to order at 7:15 p.m. and Councilmember Clay 13d the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Clay, Lerno, Luna and Mayor Pro Tem Carden Absent: Mayor Johnson Others Present: Marcia M. Torgerson, City Clerk Staff Present: Wade McKinney, City Manager; Roy Hanley, City Attorney; Steve eCamp, Acting Community Development Director; Brady Cherry, Community Services Director; Lt. Bill Watton, Acting Police Chief; Mike McCain, Fire Chief; Rachelle Rickard, Accountant; and Mark arkwort, Chief Wastewater Operator. COUNCIL COMMENT Councilmember Clay expressed concern for the proposed boy's home that was in front of the Planning Commis ion last week. He questioned our noticing procedures. Steve DeCamp responded t at we comply with the government code requirement. Councilmember Clay asked if the City could look into extending the 300 ft. minimum for noticing. Mr. DeCamp responded that he would be happy to review the issue with Roy Hanley and come bac< with a report. He also announced that he will be participating in a Swimathon one week from next Saturday and asked for sponsors. Councilmember Carden announced that he has handed out a challenge to the Council and City Staff asking for E dditional adult involvement in PTA and schools. PROCLAMATIONS: • "U.S. Constitution Observance Month", September 1997 [California Masons] Fire Chief Mike McCain accepted the proclamation. SPECIAL PRESENTATION: Fire Chief Mike McCain was presented with a letter from the Mayor for his outstanding performance and service (see Exhibit A). Mayor Pro Tem Carden introduced the new City Manager, Wade McKinney, to the public. COMMUNITY FORUM Mike Hoover, General Manager, Chicago Grade Landfill, thanked both the citizens of Atascadero and the Council for their continued business relationship with the Chicago Grade Landfill. He also stated that the City Staff should be commended on the negotiation of the contract that is going to result in a 33% reduction of the unit cost of biosolids disposal. That is a $7,000 savings from the City's biosolids disposal costs from 2-3 years ago. Eric Greening, 7365 Valle, announced there will be a public informational meeting at the Pavilion on the Lake Nacimiento project on Wednesday, September 10, 1997 from 4:00- 7:00 p.m. Joan O'Keefe, 9985 Old Morro Road East, asked questions regarding the Tree Ordinance; Is it on the next Council agenda, has Council submitted their questions to Staff, will public letters be included in packet, etc. She also expressed some of her concerns as to past information being available to the current Council Rush Kolemaine, P.O. Box 1990, stated his opinion of public noticing, as mentioned during Council Comments by Councilmember Clay. He agrees that the City's noticing policy should be enlarged to give adequate notice to the public. Raymond K. Jansen, 6655 Country Club Drive, read into the record a letter to the editor, dated 8/1/97. It expressed his feelings as they pertain to the public being informed on what is going on in Sacramento and Washington, D.C. Mr. Jansen also talked about the newsletters he supplies to the public. Mayor Pro Tem Carden asked Steve DeCamp about the Tree Ordinance issue and its status. Mr. DeCamp responded that Council direction was they were to have submitted their comments to Staff by the end of September. The item will not be on the Council's agenda until late October, early November. --end of Community Forum-- A. CONSENT CALENDAR: 1. RESOLUTION NO. 87-97 - Certifying the maintenance of a Drug-Free Workplace 9 pace and adopting an alcohol and drug abuse policy statement [Wade McKinney] (Staff recommendation: Adopt) CC 09/09/97 Page 2 2. RESOLUTION 190. 88-97 - Awarding a contract to Chicago Grade Landfill, Inc., for the disposal of biosolids [Brady Cherry] (Staff recommendation: Adopt) 3. RESOLUTION 140. 85-97 - Designating a no-parking zone on the east side of EI Camino Real b ,tween East Mall and West Mall [Brady Cherry] (Traffic Committee/Staff recommendation: Adopt) 4. RESOLUTION NO. 86-97 - Designating a passenger loadingzone on Atascad ero Mall [Brady Chsrry] (Traffic Committee/Staff recommendation: Adopt) Councilmember Clay pulled Items A-2 & A-3. MOTION: y Councilmember Luna and seconded by Councilmember Lerno to pprove Items A-1 and A-4. lotion passed 4:0 by a roll-call vote. RE: Item A-2 - Counci member Clay asked what biosolids are. Brady Cherry explained that it is essentially sludge that is removed from the perk ponds at the sewage treatment plant. It is considered hazar ous material that has to be disposed of under Federal law. RE: Item A-3 - Counci member Clay questioned why we are removing parking in front of the Sunken Gardens. He was under the impression that the City had promised the business community not to remove any parking spaces as a result of creating the bike lane. Steve Decamp responded that these spaces in front of Sunken Gardens are not used by the local busitiesses. This item was a recommendation from the Traffic Committee because oi visibility issues at the intersection and the visibility into the Sunken Gardens. MOTION: By Councilmember Luna and seconded by Councilmember Lerno to adopt Resolution No. 85-97 (Item A-3). otion carried 3:1 with Counci/member Clay opposed. MOTION: B f Councilmember Luna and seconded by Councilmember Lerno to adopt Resolution No. 88-97 (Item A-2). otion carried 3:1 with Counci/member Clay opposed. B. PUBLIC HEART GS: 1. GENERAL PLAN AMENDMENT 97002/ZONE CHANGE 97003, 7405/7425 NAVAJOA AVE. - Consideration of a request to change the GP Land Use Map from Office to High-Density Single-Family Residential and a corresponding zone change from CP to. LSFX [Steve DeCamp] A. Ordinance No. 334 - Amending the official City zoning map by rezoning certain real property at 7405/7425 Navajoa Ave. From CP (Commercial Professi nal) to LSF-X (Limited Single Family - High Density) (ZC 97003/ Gearhart (Planning Commission/Staff recommendation: Motion to waive reading in full and i troduce on first reading by title only) CC 09/09/97 Page 3 B. Resolution No. 82-97 - Approving an amendment to the land use map by changing the land use designation of certain real property at 7405/7425 Navajoa Ave. From Office to High Density Single Family Residential (GPA 97002: Gearhart) (Planning Commission/Staff recommendation: Adopt) Councilmember Lerno stepped down on this item due to a conflict of interest. Steve DeCamp gave the staff report. He explained that the intent of this General Plan Amendment and the accompanying Zone Change is to split this property with a lot line that is parallel to Morro Road so that the Morro Road frontage can be developed as commercial space while the property along Navajoa can be developed as residential space. The Planning Commission reviewed this item and found the Negative Declaration to be adequate and approved unanimously a recommendation to the Council that the General Plan and Zoning Ordinance be amended. Councilmember Luna asked about the City's policy of CEQA review for GP amendments. Mr. DeCamp explained that the City's adopted CEQA implementation rules provide for the Planning Commission to take final action on Negative Declaration on projects that proceed from them on to the City Council. The rules go on to state that if an EIR is required, the Council must review and certify that document. Councilmember Clay asked how many residential lots are being created. Mr. DeCamp answered that there will be two residential lots created. Councilmember Luna asked about flood plain and erosion mitigation. Mr. DeCamp explained that the homes must have a finished floor elevation that is certified to be one foot above the 100-year flood plain. Also, by Atascadero Ordinance, it is required that the area be stabilized prior to October 15`", which is the beginning of the wet period. At that time, full erosion control measures will need to be in place which might include straw bales or spraying of mulch. --No Public Comment-- MOTION: By Councilmember Luna and seconded by Councilmember Clay to adopt Resolution No. 82-97. Motion passed 3:0 by a roll-call vote. MOTION: By Councilmember Luna and seconded by Councilmember Clay to adopt Ordinance No. 334, waive the reading in full and introduce it on first reading by title only. Motion passed 3.0 by a roll-call vote. C. REGULAR BUSINESS: 1. ORDINANCE NO. 333 - Amending the Zoning Ordinance text by adding "Utility Facilities" to the list of conditionally allowed uses in the downtown commercial zone (ZC 97004/Nextel Communications, Inc.) (Second reading & adoption) (Planning Commission/Staff recommendation: Adopt) Steve DeCamp reminded the Council that this item is before them for second reading and the item was approved b ' pp y a 4:0 vote at the Council's prior meeting. --No Public Comment— CC 09/09/97 Page 4 MOTION: 3y Councilmember Luna and seconded by Councilmember Lerno t6 adopt Ordinance No. 333, waiving reading in full. otion carried 3.1, with Councilmember Clay opposed. D. COMMITTEE REPORTS S.L.O. Council of Governments Mayor Pro Tem Carden stated that they met last month and appointed a sub-committee of the technical advisor committee to do a management review of the policies and procedures of SLOC G. Cit /School Committee Councilmember Lernc stated that he is still waiting for a meeting to be set. He asked the City Manager to set one up. He stated that the recommended routes to school issue needs to be addressed. North County Water Task Force Councilmember Clay stated that there was discussion of adding an environmental member to the committee. North County Counci Mayor Pro Tem CardE n stated that there is a tentative meeting scheduled and asked if it had been confirmed. Marcia Torgerson stated it is set for Thursday, October 23`d at 7:00 p.m. Integrated Waste Maiiagement Authority Councilmember Luna stated that it meets tomorrow and he will be unable to attend. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Councilmember Luna asked if any notices were posted on Santa Rosa Road regarding the boys home. Steve D Camp answered that the City does not place notices on the site for conditional 'use permits. Councilmember Clay tated that he agreed with Councilmember Luna. Also, the Youth Center starts 10/1/97. Mayor Pro Tem Carden asked if the City has any liability with the youth program. Brady Cherry answered that the City is going to serve as the fiscal agent, hire and supervise the staff. The School District is going to provide the site and money for some of the operations. The issue of liability still needs to be researched (Task Force, School District and City). Mayor Pro Tem Carden stated that he would much rather see the employees be School District emplo ees and, therefore, any liability associated with misconduct of the employee would be ore directly related to the School District. He also said that he felt the City could then provide funding to the School District to do with as they please. Mr. Cherry responded by saying that he agreed that would be the preferable direction to take, however, the reason it was set up this way now is because the City didn't have the cash to put up front. Mayor Pro Tem Carden stated that he would like to see items like this come to the Council in the future as we are exposing ourselves to liabilities that we may not be able to fiscally absorb. Councilmember Luna stated that this issue should be put on a future agenda so the Council can set policV for situations like this. CC 09/09/97 Page 5 Mayor Pro Tem Carden asked that the issue of exposure to liability be brought back to the Council. City Attorney Roy Hanley stated that his calendar is clear tomorrow so if any of the Council want him to attend their workshop, he will be able to attend. Mayor Pro Tem Carden asked Wade McKinney his opinion. Mr. McKinney stated that he did not feel Mr. Hanley would need to attend. City Clerk Marcia Torgerson announced that the October 14' Council meeting falls on the last day of the League of California Cities Annual Conference. She also stated that the November 11 th meeting falls on Veteran's Day. She asked if the Council would like to either cancel or move those meetings. Mayor Pro Tem Carden asked Wade McKinney his opinion. Mr. McKinney stated that, in reviewing the upcoming agenda items, it would be feasible to cancel the October 14th meeting. Roy Hanley stated that the Council cannot take any action on an item not on the agenda. He said that Staff will make sure this item is on the September 23`d agenda. City Manager Wade McKinney expressed his appreciation to Chief McCain for his work to save the City additional funds. Mr. McKinney also asked the Council if September 30th would be a good day for a joint meeting with the Planning Commission. Lastly, he wanted to remind the Council of the employee barbecue tomorrow evening. Mayor Pro Tem Carden stated that he would not be able to attend on September 30th. Mr. McKinney stated that he would prefer full attendance so he will look for another mutually-convenient date. F. ADJOURNMENT: THE CITY COUNCIL WILL ADJOURN TO AN OPEN SESSION COMMENCING AT 8.00 A.M. SEPTEMBER'10, 1997, IN THE 4'H FLOOR CLUB ROOM FOR PURPOSES OF CONDUCTING A CITY COUNCIL PLANNING WORKSHOP. Mayor Pro Tem Carden adjourned the Regular Session at 8.15 p.m. to the Council Workshop as stated above. MINUTES RECORDED AND PREPARED BY: Marcia M. Torgerson, City Clerk ATTACHMENTS: Exhibit A - Mayor's Letter to Chief McCain CC 09/09/97 Page 6 Exhibit A City Council Minutes 4 CITY OF ATASCADERO 1918 "` A 1979 CAD September 5, 1997 Chief Mike McCain City of Atascadero Fire Department 6005 Lewis Avenue Atascadero, CA 93422 Dear Mike: It is not often enough that we take the opportunity recognize outstanding performance and service by our individual employees and their departments. However, 1 believe it is appropriate and necessary to give recognition when it is due. 0 I can think of no better andidate to begin that process with, than you. Through my term on the Council, I have observed your can-do attitude and how it is reflected in your department. Your creative management style when applied to keeping the Fire Department budget in lin is recognized and appreciated. Your most recent accom lishment in that effort was realized in the Pine Mountain fire of August 23, 1997. Had you not negotiated a no-charge agreement for the use of the air attack planes, we would have a considerable bill on our hands. It is refreshing to work with a department that is ready to serve, yet does not abuse'the high profile press, by complaining about doing more with less. Speaking for the City Council and myself, thank you for your efforts and continued professionalism in your service to the City. We appreciate that in running your department, you not onlyconsider its needs, but'how those needs and costs will affect the City a" le. Keepup the good work. incer. Iy Y J NSO Mayo ADMINISTRATIVE FFICES 6500 PALMA AVENUE ATASCADERO,CA 93422 REPORT TO CITY COUNCIL MEETING DATE: 09/23/97 CITY OF ATASCADERO AGENDA ITEM: A-3. From: Rachelle Rickard,Accountant SUBJECT: Payment of Audited Bills and Payroll for the month of August, 1997. RECOMMENDATION:Ap prove certified City accounts payable, payroll and payroll vendor checks for the month of August, 1997. Attached for City Council review and approval are the following: Payroll Period End 08/01/97 Ck.#31510-31674 $130,428.63 Period End 08/15/97 Ck.#31702-31853 $124,286.21 Special Payroll None Payroll Vendors Dated 08/08/97 Ck.#31682-31701 $ 17,131.00 Dated 08/22/97 Ck.#31854-31872 $ 43,080.55 Dated 08/31/97 Ck.#32024-32030 $ 34,224.35 Accounts Payable Dated August 1-31, 1997 Ck.#58973-59294 $477,858.29 Ck.#EFT01-EFT02 $ 43,876.60 TOTAL AMOUNT $870,885.63 The undersigned certifies t iat the attached demands have been released for payment and that funds are available for these demands.. Dated: September 11, 199 Rachelle Rickard,Accoun ant Approved by the City Coun it at a meeting held September 23, 1997. Marcia M. Torgerson, City Clerk 000001 ;n 9ow".1s S>r9o9o7GoSm SICDSt3, WS.SSMW V tSlS0Goa W SGS _ I z0 •. •• Ln L50 Cn 0L.lC L�0 uC�00.Cn '.Cn 'Cr "Cq C;Ln -i.••.L'C• - C r, ;•z C? - !C5 nL Ln Ll V!CnC? 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D it I I II 1 m I S G CD da W Cp m I Q I 1 i uCnl Cn1 I It PJ 1 PJ 1 I tr ll r 4 r I I rt II V i V 1 r PJ 1 II W I W I Cn V rtJr-' AV I D It A I A l 0o-+•s•+.0 0 V 10 1 3 11 • i l 1 O 11 co I w ! �-•Ni''A Vow I 11 `0 I 10 1 0 0. N N V 9 01 1 7 r 11 I 1 1 rt D D D D D D D 1 0 0000000ln D D D D " . C7nnC7 nnP 1 N I n mmmmmmmlY• zzzzzz— I 'a mmmmmmm I rr T ;oX T:033;In I W. D DDDD DD i O C7r•-rT i-i-1-4-I-1-i 1 C -i CD mmmmmmm ) r q1 ' Z%CCCCCC I �IF� � n n n n n n i •• mmnmmmmi aim 00000001 � 0m 77777771 DC V 900003 REPORT TO CITY COUNCIL Meeting Date: 9-23-97 CITY OF ATASCADERO Agenda Item: A-4 Tegh: Wade McKinney, Gity Manager 0: Rachelle Rickard, Accountant SUBJECT: Refunding the 1989 Certificates f Participation (COP) RECOMMENDATION:AStaff and Finance Committee) Adopt resolution 89-97 authoriz ng the execution of certain documents relating to the refinancing of the 1989 Certificates of Participation. BACKGROUND On August 26, 1997 the Council approved the refinancing of the 1989 Certificates of Participation pursuant to a proposal from W.J. Fawe I and Municipal Leasing. (The City will realize a net cash savings of $211,259, which translates to a net present value savings of $101,782.) Resolution 89-97 authorizes st f to execute the various agreements and documents necessary for the r;ncing of these Certificates of Participation including Site Lease- to lease the p operties to Municipal Leasing for the lump sum of $1,368,000. • Sublease/Option Agreement- to lease back the property from Municipal Leasing.for the debt service payments as listed in Attachment A. • Escrow Agreement- to set up an escrow agreement for the repayment of the original 1989 Certificates of Participati n. (The general structuring of thesf leases is the same as the City's currently executed lease agreements for the 1989 Certificates of Particip tion.) FISCAL IMPACT: A total cash savings of $211,25 3. A net present value savings of $ 101,782. A reduction in annual debt se ice payments of $ 30,000" - $ 40,000 with an average reduction of $34,000. of the $ 195,000 restricted ash reserve currently held by the Bank of New York. These are funds that already been transferred to the COP Debt Service Fund by the General Fund, Police Impact Fees Fund a the Parks & Recreation Impact Fees Fund and are held in restricted trust 900009 ATTACHMENT A CITY OF ATASCADERO PROPOSED DEBT SERVICE SCHEDULE FINANCING OF 1989 CERTIFICATES OF PARTICIPATION September 30, 1997 $ 195,000.00 January 1, 1998 19,883.50- July 1,1998 139,330.00 January 1, 1999 36,455.00 July 1, 1999 122,455.00 January 1, 2000 33,982.50 July 1,2000 124,982.50 January 1, 2001 31,366.25 July 1, 2001 127,366.25 January 1, 2002 28,606.25 July 1, 2002 129,606.25 January 1, 2003 25,702.50 July 1, 2003 132,702.50 January 1, 2004 22,626.25 July 1, 2004 136,626.25 January 1, 2005 19,348.75 July 1, 2005 139,348.75 January 1, 2006 15,898.75 July 1, 2006 142,898.75 January 1, 2007 12,247.50 July 1, 2007 146,247.50 January 1,2008 8,395.00 July 1,2008 150,395.00 January 1, 2009 4,312.50 July 1, 2009 154,312.50 $ 2,100,096.00 000o"I' a CITY COUNCIL OF THE CITY OF ATASCADERO RESOLUTION NO.89-97 RESOLUTION AUTHORIZING REFINANCING OF AN EXISTING LEASE. THE EXECUTION AND DELIVERY OF A SUBLEASE AND SITE LEASE AND AUTHORIZING AND DIRECTING; CERTAIN ACTIONS IN CONNECTION THEREWITH. The City Council of thCity of Atascadero(the"City Council")finds and resolves as follows: WHEREAS,The City of Atascadero (the "City")is a city organized and existing under and pursuant to the Constitution and laws of the State of California(the"State");and WHEREAS,the City desires to provide for the refinancing of that certain Lease Agreement dated as of October 1, 1989 (the "Prior Lease"),by and between the California Public Agency Leasing Corporation and the City, and for the repayment of the Certificates of Participation (Police Headquarters, Park.Pavilion and Park Acquisition Projects)evidencing the lease payments under the Prior Lease(the"1989 Certificates");and WHEREAS,said refir ancing and prepayment will be accomplished by the execution of the Sublease and Site Lease approved herein;an WHEREAS,Municipal Leasing Associates,Inc. (the"Corporation")has proposed a cost-effective lease refinancing arrangement at a 5.75%interest rate;and WHEREAS,all acts, onditions and things required by the Constitution and laws of the State to exist,to have happened and to have been performed precedent to and in connection with the consummation of the financing authorized hereby dc exist,have happened and have been performed in regular and due time, form and manner as required by law, aid the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided; NOW,THEREFORE,it is resolved by the City Council as follows: SECTION 1. Findin js. The City Council hereby specifically finds and declares that the statements, findings and determinations of the City set forth in the preambles of the documents approved herein are true and correct and the City Council iereby declares its intention of entering into the Sublease described in Section 2 hereof. SECTION 2. Aro ral of Refnancing and Refunding of 1989 Certificates. The City Council hereby approves the prepayment and refinancing of the 1989 Certificates and directs the Accountant to take all necessary or desirable actions, including; causing a notice of prepayment to be delivered to the owners of the 1989 Certificates, to accomplish such prepayment. The City Council hereby further approves of the City's entering into a lease transaction with he Corporation for the purpose of refinancing the Prior Lease and lowering the City's interest rate costs; pro fided that the interest component under such lease transaction shall not exceed 5.75%per annum. SECTION 3. SubleaseLQption AgEeement. The form of the Sublease/Option Agreement,between the City and the Corporation(the `Sublease"),presented to this meeting and on file with the City Clerk(the"Clerk") is hereby approved. The Accountant or her designee are hereby authorized and directed,for and in the name and on behalf of the City,to execute and deliver to the Corporation the Sublease in substantially said form,with such changes therein as such officer or person may required or approve,such approval to be conclusively evidenced by the execution and delivery the of. 9.00011 SECTION 4. Site Lease. The form of the Site Lease,between the Corporation and the City(the "Site Lease"), presented to this meeting and on file with the Clerk, is hereby approved. , The Accountant or her designee are hereby authorized and directed,for and in the name and on behalf of the City,to execute and deliver • to the Corporation the Site Lease in substantially said form,with such changes therein as such officer or person may require or approve,such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 5. Escrow Agreement. The form of the Escrow Agreement between the City and BNY Western Trust Company (the "Escrow Agreement"), presented to this meeting and on file with the Clerk, is hereby approved. The Accountant or her designee are hereby authorized and directed,for and in the name and on behalf of the City, to execute and deliver to BNY Western Trust Company, the Escrow Agreement in substantially said form,with such changes therein as such officer or person may require or approve,such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 6. Attestations.The Clerk or other appropriate City officer are hereby authorized and directed to attest the signature of the Accountant or of such other person or persons as may have been designated by the Accountant, and to affix and attest the seal of the City, as may be required or appropriate in connection with the execution and delivery of the Sublease and the Site Lease. SECTION 7. Other Actions. The Accountant and other officers of the City are each hereby authorized and directed,jointly and severally, to do any and all thirds and to execute and deliver any and all documents which they may deem necessary or advisable in order to carry out, give effect to and comply with the terms and interact of this Resolution, the Sublease, and the Site Lease. Such actions are hereby ratified, confumed and approved. SECTION 8. Qualified Tax-Exempt Obligations.� The Sublease is hereby designated as a"qualified tax exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the"Code"). The City,together with all subordinate entities of the City,do not reasonably expect to issue during the calendar year in which the Sublease is issued more than$10,000,000 of obligations which it could designate as"qualified tax-exempt obligations"under Section 265(b)of the Code. SECTION 9. Effect. This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the of September, 1997, On motion by Councilman ,and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following roll call vote: I hereby certify that the foregoing resolution was duly introduced,passed and adopted at the time and place and by the vote as noted above. ATTEST: CITY OF ATASCADERO MARCIA TORGERSON,City Clerk RAY JOHNSON,Mayor APPROVED AS TO FORM: ROY A.HANLEY,City Attorney 900012 REPORT TO CITY COUNCIL Meeting Date: 9-23-97 CITY OF ATASCADERO Agenda Item: lough: Wade McKinney, City Manager F om: Rachelle Rickard, Accountant SUBJECT: 1996-97 Year End Budget Adjus ments RECOMMENDATION: (Staff) Adopt resolution 90-97 authorizing listed year end budget adjustments. (The net effect on the budget is $0). BACKGROUND During the course of the year, the City received a number of grants and other reimbursement revenue items which were not included in the budget. The related City expenditures were also not included in the budget. In each instance, the City was equired to expend funds (not included in the originally adopted budget), in * to receive the listed revenues. In order to present a more accurate picture in the City's financial statements, we are proposing that budget' istments be made for these offsetting revenue and expense items. Detailed information for the osed adjustments is included on pages 2 & 3 of this report. FISCAL IMPACT: An increase of budget revenues by $229,700 and increase of budgeted expenses by $229,700. (Net effect on the general fund is $0) Page 1 9U0013 CITY OF ATASCADERO YEAR END ADJUSTMENTS TO 1996-97 BUDGET Pg 1 of 2 The following is a list of proposed budget adjustments for 1996-97. Increases to revenue accounts are shown as positive numbers. Increases to expense accounts are shown as negative(#)numbers. The • net effect on the bottom line is also shown for each adjustment. Amount Proposed Proposed Previously Budget Adjusted Budget Adjustment Budget General Fund P.O.S.T. P.O.S.T. Reimbursement Revenue $ - $ 17,500 $ 17,500 P.O.S.T.Training Expense $ - $ (17,500) $ (17,500) Net increase(decrease)in budget $ - The City did not budget for POST revenue and expenses. AB3229 Grant AB3229 COPS Program Grant Revenue $ - $ 57,592 $ 57,592 Police-Computer Equipment $ - $ (34,192) $ (34,192) Police- Misc. Minor Capital Equipment $ - $ (5,400) $ (5,400) Police-Vehicle Lease Payment $ - $ (18,000) $ (18,000) Net increase(decrease)in budget $ - An AB3229 COP Grant was received by the City to purchase various police equipment. The S budget was not adjusted for receipt of this grant. Peer Court Grant Peer Court Grant Revenue $ - $ 8,800 $ 8,800 Peer Court Expenses $ - $ (8,800) $ (8,800) Net increase (decrease) in budget $ - A Grant was received by the City to operate the Peer Court. The budget was not adjusted for this grant. Mutual Aid Reimbursement Mutual Aid Reimbursement Revenue $ - $ 60,480 $ 60,480 Police-Overtime $ (37,000) $ (6,770) $ (43,770) Fire-Overtime $ (40,000) $ (50,000) $ (90,000) Fire-Vehicle Repairs $ (13,000) $ (3,710) $ (16,710) Net increase(decrease)in budget $ - The City incurred costs and received reimbursement for mutual aid sent to the Malibu fires and other emergencies. 900014 CITY OF ATASCADERO YEAR END ADJUSTMENTS TO 1996-97 BUDGET Pg 2 of 2 Amount Proposed Proposed Previously Budget Adjusted Budget Adjustment Budget General Fund (continued) Fire Equipment Grant Other State Grants $ - $ 19,328 $ 19,328 Fire-Training $ (14,950) $ (2,228) $ (17,178) Fire-Capital Equipment $ (1,500) $ (17,100) $ (18,600) A Grant was received by the City to purchase Jaws of Life equipment and for the related training. The budget was not adjusted for this grant. Engineering Plan Check Fees Engineering Plan C ieck Fees $ - $ 66,000 $ 66,000 Engineering Expense $ (129,655) $ (66,000) $ (195,655) Net increase(decrease) in budget $ - Engineering plan the k fees and expenses were not accounted for in the original budget. Total General Fund Revenues $ 6,870,600 $ 229,700 $ 7,100,300 Total General Fund Expenses $ (6,867,231) $ (229,700) $ (7,096,931) i 1900 15 RESOLUTION NO. 90-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AMENDING RESOLUTION 99-96 WHICH APPROVED THE ADOPTION OF THE 1996-97 FISCAL YEAR BUDGET NOW, THEREFORE 'BE IT RESOLVED, by the City Council of the City of Atascadero that the Fiscal Year 1996-97 Budget is amended as follows: SECTION 1 .The fund balance, revenue and expense amounts for the general fund are adjusted by the amounts shown in Exhibit A, made a part of this resolution. SECTION 2. These changes are effective immediately upon adoption of this resolution. On motion by Councilperson and seconded by Councilperson the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney Page 4 900016 Resolution 90-97 Exhibit A 1 96-97 YEAR END BUDGET ADJUSTMENTS. Estimated Estimated Fund Net Fund Balance Current Balance July 1,1996 Revenues Expenses Year June 30,1997 GENERALFUND Balance As Adopted per Resolution 99-96 63,074 $6,870,600 $6,867,231 $ 3,369 $ 66,443 Year End Budget Adjustment per Resolution 90-97 229,700 229,700 - �evised Balances 63,074 $7,100,300 $7,096,931 $ 3,369 $ 66,443 OTHER FUNDS Fund balances, revenues and ex enses for all other funds remain as adopted in Resolution 90-96. REPORT TO CITY COUNCIL ITEM: A-6 DATE: 9/23/97 • FROM: BRADY CHERRY, DIRECTOR OF COMMUNITY SERVICES THROUGH: WADE MCKINNEY, CITYMANAGER SUBJECT: Request by the Atascadero Kiwanis Club for the placement of a memorial in honor of the late Otto Heilmann RECOMMENDATION Approval a request y the Atascadero Kiwanis Club to name a grove of Oak trees located on City owned property near the Salinas River , The Otto Heilmann Grove, in honor of the late Otto Heilmann. DISCUSSION: The Atascadero Kiw is Club has approached the Community Services Department with a r cquest to name a recently planted grove of Oak trees in memory of Otto Heil nann. The grove of trees, recently planted by the Atascadero Native Tree Associa on and the Atascadero Kiwanis Club is located near the City's Wastewater Treatment Plant. A map of the site and the location of the existing Oak grove is attached. Otto Heilmann was one of the Kiwanis Club members involved with the ph ting of this grove. The Mwanis Club has requested that the • grove be named, Th Otto Heilmann Grove, in honor of the late Otto Heilmann. The request by the Kiwanis is not for the naming of a facility or building, however, it is for a portion of a facility and as such, should meet the City's established policies for such req ests. This particular request does meets the criteria established in the C ty's Facility Naming Policy, previously recommended by the Parks and Recreatio i Commission and adopted by the City Council. The Policy allows for the placer lent of memorials in public facilities at the discretion of the Parks and Recreatio Commission with approval of the City Council. In addition, Otto Heilmann, as attested by the Kiwanis Tribute to Otto Heilmann, has made a substantial contribution in terms of volunteer services, as required in section D.2. of the City's policy. A copy of the City's Policy on the Naming of Public Buildings, Parks, and other Facilities is enclose . FINANCIAL IMPACT 3 The City of Atascad ro will not incur any financial obligation by the approval of this request. 9000ys PROPOSED POLICY ON THE NAMING OF 'PUBLIC BUILDINGS, PARKS, AND_-OTHER FACILITIES IN THE' CITY OF ATASCADERO I . PURPOSE To establish a uniform policy for naming public buildings, parks -and-other facilities. II. POLICY A•. Public buildings will be named by their function. For instance, a city hall will be called a city hall, and a recreation building will be called a recreation building. B Public facilities will be named by their location in the City, either by proximity to a geographical . feature, location in an identified area in the City (such as a street, neighborhood, subdivision, etc. ) . C. The name of a park or recreation facility should, if possible, have geographic, botanical, zoological, agricultural, or historical significance generally recognized and known through the City or local area. ' D. A public building, park, or other city facility should not be named after a person, unless one or more of the following exceptions apply: • 7 - The facility as acquired by means of a substantial gift or donation of funds by an individual, family or corporation. Consent of the donor to naming the facility will be required. 2 - The individual made a substantial contribution in terms -of volunteer services providing a broad public_ benefit to the residents of the . City of Atascadero. 3 - The individual has been deceased 'for morethan two years and, in the opinion of the Parks and Recreation Commission and City , Council, the person's contribution to the ..aspect of the City, which the facility represents, was of such value to the City that the person's memory should be' honored by the naming of the facility 4 - The facility -can be named after a government• fund or grant . if the circumstance"s are deemed appropriate by the Parks and Recreation Commission and the City Council. 900019 E. In addition to the naming of public facilities by using the criteria established above, the City can provide .f or the recognition of• individuals, either deceased .or living, by the placement . of memorial objects (symbols) ; such as, living trees, public bench s, rocks, memorial flagpoles, sculptures, etc,, in .publib facilities. The placement and identification of these recognition symbols will be at the discretion of the Parks and Recreation Commission and the City Council on a case-by--:case basis. Note: Sculptures must be consistent with the City's Arts in Public Places' Policies and Procedures. 90001-710 TRIBUTE TO,OTTO HEILMANN WHEREAS: Otto Heilmann was a iife,long citizen of Atascadero who gave unstintingly of his time, money, and energy to the betterment of our city and its inhabitants for almost 88 years. Otto was introduced to Atascadero as a child when his family emigrated from Germany in 1914 at the time E. G. Lewis founding the colony. He became a rancher and carried on the dairy and grocery businesses begun by his parents. He maintained a life long interest in agriculture as he-worked with many generations of 4H and FFA youth and was in constant demand as an expert judge at the Mid-State Fair. Otto was a charter member of Atascadero Kiwanis Club, where he served as president and became famous for his barbecue beans which he cooked in a giant pot over an open fire to feed several hundred people. For more than 25 consecutive years his attendance and participation in Kiwanis projects to improve our community was unsurpassed. Among the projects in which he participated were construction of the gazebo and many of the picnic tables at Atascadero Lake Park, building wheelchair ramps at the Sunken Garden, landscaping surrounding the Zoo, construction of the Equestrian Center and landscaping in the parking lot at Paloma Creek Park, and planting of hundreds of trees along EI Camino Real and other streets and on Pine Mountain. The last project which Otto worked on was planting.a grove of native trees in the buffer zone along the north edge of Atascadero's Waste Water Treatment Plant. THEREFORE: In recognition of his lifetime of contributions to his city, we propose that the Parks and Recreation Commission, and the City Council proclaim that the grove of trees along - the north boundary of the Waste Water Treatment Plant be designated The Otto Heilmann Grove, and that this designation shall be commemorated by a plaque placed at the entrance near Gabarda Road by Atascadero Kiwanis Club. VEGETATION - WILDLIFE t t r•rti r Residential Area j•- j.j•j 1 iti•tirtif�r \ ♦nesting abita rtirti,r,I , • rti�ti;I ' i jij+l f• \ :: N .ti•ti o , � e rtirti~rti � ••:'.' 1 0 1000 ft TS�o �:•• r :• �, t \• \ amphibian mating gzouna dense foliage \r � � t \ sensitivevegetatiP;- _ ` ,-r-7 1 7 r�-177 t-1717 -Y�, Salinas River t \\ !717 `''f t 7!-# #- A YY"'' beaver aam i 1-7-17!7 �-i=i Vii*\ ' r Wastewater \ or, to r• ,. �. \ \ 830 ,r If I ,,f,f f,r•f,f'f,,rrf Treatment Plan I •:�',�;:�;.�`,�*',�,fe �;:�kf•I aeerhabitat t f►ff•,i•��cif��•*SII ��•ir+r' \ , ', It rf f,f o r,f,f IV f r f get,, � buzrinzea �f f f• ~f f It", ••f'f f, �off ff of �f t f r ` \\ •:.�f•fjf fjfff• ,f fjfff•*ff \ f.ff VI"♦f fff for, Toff I•tf ter f* \ \•\ IV V f, ,ff,r fIr�., ,f• fr, eve rr \` ;,ff,f t,f,ff,trr,It If fffff, 1 ft. flf•tfo frfr I V••rf \ t fVV`v I �f f firff \\ • `\\ f,r•r,f rwe ,, f• fff • ,,% •• , \% \ ,I ,f ••rI• ,• ,f•,, f \`\ •'I f fS • f• f•f f•t .rl., to of \ r 14 e 9000 2 f: d f �Zl PAIz lA� PHASE- ,`'� .5d-l 4Atr !05- I ,�, 6�u IrRGus L6 S ATA 25-1 4AL. FIAT4JU5 PA�A-i? 25A — 14r�<. Cain ' \ �. % •uT1 4::j PLAN Far, w f \\ • 1 90©023 • REPORT TO CITY COUNCIL ITY OF ATASCADERO Agenda Item: A-7 Through: Wade McKinney Meeting Date: 09/23/97 City Manager File Number: ZC 97003 Via: Steven L. Decamp Acting Community Development Director From: Doug D vidson'Q 1 Senior Planner SUBJECT: Adoption of Ordinance No. 334 amending the Official City Zoning Map by rezoning certain real property at 7405/7425 Navajoa Avenue from CP (Commercial Professional) to LSF-X (Limited Single Family — High Density) . RECOMMENDATION• Approval and adoption of Ordinance No. 334 on second reading. BACKGROUND: On September 9, 997, the City Council conducted a public hearing on the above-referenced application. The Council concurred with the Planning Co ission' s recommendation and approved Ordinance No. 334 on first reading. /Ph Attachments : Ordinance No. 334 0000"'4 ORDINANCE NO. 334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 7405/7425 NAVAJOA AVENUE FROM CP (COMMERCIAL PROFESSIONAL) TO LSF-X (LIMITED SINGLE FAMILY - HIGH DENSITY) (ZONE CHANGE 97003 -- GEARHART) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with.. the General Plan as required by Section 65860 of the California 'Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on August 19, 1997 and has recommended approval of Zone Change 97003. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1. Council Findings. 1 . The proposal is compatible with the surrounding land use and zoning designations. 2 . The proposal is consistent with the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. The City' s Official Zoning Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference: Assessor' s Parcel Map # 031-051-051 Lot 11, Block RB, Atascadero Colony • 900025 Ordinance No. 3-14 -- Page 2 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage- in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code shall certify the adopting and posting of this ordinance and s all , cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by Councilperson and seconded by Cou cilperson , the foregoing ordinance is he eby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGE SON, City Clerk APPROVED AS TO ORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, ACTING COMMUNITY DEVELOPMENT DIRECTOR �J00026 1,. � r►.�► , ► ..tet'' • A REPORT TO CITY COUNCIL CITY OF ATASCAD RO Agenda Item: B-1 • Through: Wade McKinney, Meeting Date: September 23, 1997 City Manager Via: Steve DeCamp, Acting Community Development Director From: Gary Kaiser, Associate Plannerc-*-�, File No: NWP/DEIR SUBJECT: Consideration of the Draft Environmental Impact Report prepared for the Nacimie to Water Project. RECOMMENDATION: No specific action is being recommended. BACKGROUND: At present, 80% of the domestic water supply in San Luis Obispo County comes from groundwater. In the north county, this figure is 100%. The California Department of Water Resources has estimated that this continued reliance solely on groundwater will . result in a sig ificant overdraft in the foreseeable future. Indeed, the need for additional water supplies was anticipated in 1959 when the San Luis Obispo Flood Control and Water Conservation Di trict entered into agreements with the Monterey County Flood Co trol and Water Conservation District to appropriate 17, .")00 afy from Nacimiento Lake. The NWP was highly ranked in the San Luis County Master Water Plan, second only to the State Water project, and studies undertaken by the County of San Luis Obispo have confirmed the NWP is indeed a viable project. PROJECT DESCRIPTION: The Nacimiento Water Project (NWP) is a proposal to supplement water supplies in several San Luis Obispo County communities by diverting 16, 200 afy from Lake Nacimiento. The remaining allocation of 1, 300 afy would be set aside to meet future demands in the immediat vicinity of the lake. The project would occur in two phases. Phase 1 of the project would include the construction of approximately 66 miles of pipeline, extending from the lake south to Edna Valley and west to the Morro Ba /Los Osos area. ;�0V28 In addition to the pipeline, Phase 1 would include appurtenant storage tanks, pump stations and an upgrade of the water • treatment plant at the California Men' s Colony. Through the city limits of Atascadero, the pipeline would be confined to the Southern Pacific Railroad right-of-way, except for a one-acre earthen discharge pond on land owned by the Atascadero Mutual Water Company. Once discharged, the water would percolate into the Salinas underflow. The filtered water would then be available for domestic use by existing wells. Phase 2 of the project, planned to occur five (5) to ten (10) years after Phase 1, would include construction of a water treatment plant to serve the communities of Paso Robles, Templeton, Atascadero and Santa Margarita. Once Phase 2 is completed, the discharge ponds constructed in Phase l would no longer be necessary. ENVIRONMENTAL EFFECTS: The DEIR identifies short- as well as long-term impacts which remain potentially significant after mitigation. Short term impacts which affect Atascadero directly are primarily limited to increased air pollution and traffic congestion during construction. Although the project does have significant adverse long term effects -- i.e. , the worsening of an existing saltwater intrusion problem and potential loss of recreational use of the • lake -- they do not seem to affect Atascadero directly. One thing that warrants some consideration is the project' s • potential to have growth-inducing impacts . Since water availability is not currently a constraint to development in Atasacadero, and since growth control policies adopted for reasons other than water availability are in place in Atascadero, this impact would probably not seem significant in Atascadero. Another thing that warrants some discussion is the project' s relation to the City of San Luis Obispo' s proposal to increase their water supply by raising the Salinas River Dam. If the City of San Luis Obispo pursues that project and does not participate in this one, the NWP project may become infeasible to remaining participants. The adverse effects of that on the north county have recently been discussed by the Council in connection with their consideration of the DEIR prepared for the Salinas River Dam Expansion. • (100029 CONCLUSIONS: The DEIR appears complete and accurate in its description of the project' s environmental impacts and identification of mitigation measures which are available to reduce those impacts. With respect to the project proposed, it would appear the net affect on Atascadero would be positive. This is especially true in light of the Salinas River Dam Expansion proposal. The City should encourage both the project and the participation of San Luis Obispo. 1 900030 REPORT TO CITY COUNCIL Meeting Date: 9/23/97 CITY OF ATASCADE O Agenda Item : C-1 • Through: Wade G. McKinney, City Manager From: Marcia . Torgerson, City Clerk SUBJECT: Discussion of futur City Council meeting dates (October 14, November 11, & December 23, 1997) RECOMMENDATION Cancel City Council meetings on October 14, November 11 & December 23, 1997. BACKGROUND: The October 14, 1997 meeting date is also the last day of the League of California Cities Annual Conference, the November 11 , 1997 meeting falls on Veteran's Day and the December 23, 1997 meeting is two days before Christmas. DISCUSSION: • In reviewing the futu a agenda items at this time, to cancel these three meetings will not impact the Coun il's progress on City business. However, if the status of agenda items were to chang , we could schedule additional Council meetings. FISCAL ANALYSIS: None. 111)00 031 REPORT TO CITY COUNCIL Meeting Date: 9/23/97 CITY OF ATASCADERO Agenda Item : D - 8 • Through: Wade G. McKinney, City Manager From: Marcia 10. Torgerson, City Clerk SUBJECT: North County Counci meeting, October 23, 1997 at 7:00 p.m. in Paso Robles. RECOMMENDATION Give City Clerk direc ion: 1 . Who will b attending. 2. Urgent issues to be placed on this agenda. BACKGROUND: At the last North Co inty Council meeting, where there was not an Atascadero City Council quorum, it as decided that officers would be chosen at the next meeting. is Also, an executive ommittee (i.e. 2 members of each participating city) is to be created. The execut ve committee will possibly meet once per month and the North • County Council will possibly meet every three months (to be decided at 10/23/97 meeting). DISCUSSION: Currently, the only items on the North County Council agenda for October 23, 1997 are the selection of officers and an executive committee. Please notify the City Clerk if there are any addit onal items you would like added to this agenda. FISCAL ANALYSIS: None. • 000032