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Home My WebLink AboutAgenda Packet 10/28/1997 PUBLIC NOTICE ATASCADERO CITY COUNCIL CORRECTION TO AGENDA THE FOLLO ING LANGUAGE WAS INADVERTANTLY OMITTED FROM THE, ATASCADERO CITY COUNCIL AGENDA FOR THE TUESDAY, OCTOBER 28, 1997 MEETING. IT SHOULD APPEAR AFTER THE CLOSED SESSION TEXT: REGULAR SESSION, 7:00 P.M Posted: 110/23/97 MARCIA M. TORGER N City Clerk. - *PUBLIC REVIEW COPY Please do not remove from counter ce lqr of From the Office of the City Manager Date: October 21, 1997 To: Public,Cou cil Members and Staff From: Wade G. M Kinney,City Manager Subject: City ouncil Agenda Format The City of Atasca ero is committed to a high level of customer service to our external and internal customers. The format of the City Council meeting agenda and associated staff reports has been modified to be more customer friendly. The new design is intended to be easy for the reader to understand the agenda and the supporting materials. The Agenda now includes a cover sheet explaining ways in which the public can participate in Council meetings. Most of this information was included in the prior agenda format,but the information now has been collected to one area making it easier for the customer to find. As you will see,the agenda sections have been modified. There are brief explanations included in some of the sections to highlig t what action may take place or how the public can be involved. The prior section"Regular Business' has been eliminated, in its place, there are sections or"Management Reports" and "Attorney Reports". In these sections, the two Feople reporting to the Council, the City Manager and City Attorney,will pre ent issues to the Council or respond to issues as directed by the Council. The staff reports,with the exception of the reports from the City Engineer,have been structured to provide information in a consistent format. This format is intended to make It easier for the Public and Council to glean the necessary information from the material quickly. As you can see, the reports vary slightly from the initial Agenda Reports Guidelines that were published last week. As the agenda was d veloped staff found several areas where improvements could be made. Most of those have been incorporated,but the Guidelines will be reviewed following the experience of this agenda. Staff is continuou ly looking for ways to improve customer service. All comments regarding the agenda and staff reports are welcome. City of Atascadero WELCO WE TO THE ATASCADERO CITY COUNCIL MEETING GENERAL INFORMATION The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk(Room 208)and in the Information Office(Room 103), available for public inspe tion during City Hall business hours. In compliance with the ericans with Disabilities Act,if you need special assistance to participate in a City meeting or other ervices offered by this City,please contact the City Manager's Office, (805) 461-5010,or the City Cle k's Office,(805)461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK AT PUBLIC HEARINGS Scheduled public hearings are itemized on the Agenda. The Mayor will identify the subject,announce when the public hearing i open and request anyone interested to address the Council regarding the matter being considered. f you wish to speak for, against or comment in any way: • You must ap roach the podium and be recognized by the Mayor • Give your name and address • Make your statement • All comments should be made to the Mayor and Council • All comments limited to 5 minutes(unless changed by the Council) • No one mayspeak 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. The Mayor will announce when the hearing is closed,and thereafter,no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS Under Agenda item, "COMMUNITY FORUM",the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your na a and address • State the natu a of your business This is the time items not n the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed f r Community Forum(unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to a ear on the Agenda must be in the Office of the City Manager ten days preceding the Council me ting. Should you have a matter you wish to bring before the Council,please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. AGENDA ATASCADERO CITY COUNCIL MEETING TUESDAY, OCTOBER 28, 1997 City of Atascadero 6500 Palma Avenue Atascadero, California CLOSED SESSION,6:30 P.M.: 1) Conference with legal counsel -Existing litigation (Govt. Code Sec. 54956.9) Name of case: Ramirez v. Citv of Atascadero 2) Conference with legal counsel - Existing litigation(G.C. Sec. 54956.9(a)) Name of case: Greene v. City of Atascadero 3) Conference with legal counsel -Anticipated litigation(G.C. Sec. 54956.9(b)) Significant exposure to litigation(one case): Don Brimaae v. Cily of Atascadero 4) 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. PLEDGE OF ALLEGIANCE: Council Member Lerno ROLL CALL: Mayor Johnson Council Member Carden Council Member Clay Council Member Lerno Council Member Luna APPROVAL OF AGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. No formal action by the Council will be taken unless an item is identified on the Agenda. PUBLIC COMM T: This portion of the i ieeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minuies. Please state your name and address for the record before making your presentation. he Council may,take action to direct the staff to place a matter of business on afuture agenda. PRESENTATIONS: Proclaim "Red Ribbon Week", October 23-31, 1997 CORRESPONDENCE: A. CONSENT CALENDAR: Roll Call All items on the con ent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be remove from the consent calendar and will be considered in the listed sequence with an cot portunityfor any member of the public to address the Council concerning the item before action is taken. 1. Ci Council Minutes - September 23, 1997 (City Clerk recommendation: Approve) 2. City Treasurer's Report- July 1997 (City Treasurer's recommendation: Review &accept) 3. Cily Treasurer's Report-August 1997 (City Treasurer's recommendation: Review &accept) 4. Cily Treasurer's Repo - September 1997 (City Treasurer's recommendation: Review &accept) 5. September 1997 Audited Bills and Pa oll -Fiscal Impact: $1,086,441.55 (Staff recommendation: Approve) 6. Acce tance f Final Parcel Ma 95004 8295 Marchant Ave. -Division of a 1.13 acre site intc two parcels of 0.50 and 0.55 acres net(Bernard/Sholders) -No Fiscal Impa t(Staff recommendation: Accept) 7. Acce tance f Final Parcel Map 92006 10060 Atascadero Ave. - Division of 2.28 acre site intc two parcels of 1.0 and 1.28 acres. (Hazard/Tartaglia) -No Fiscal Impact(Sta recommendation: Accept) 8. Traffic Wav Bikewa id No. 96-06 -Fiscal Impact: $14,485.3Z previously budgeted ( aff recommendation: Accept project improvements and authorize payment of I he 10%retention) 2 9. Curbaril Avenue Sewer Main Repair Project id No. 96-07)-Fiscal Impact: $6,987.30,previously budgeted (Staff recommendation: Accept project improvements and authorize payment of the 10%retention) 10. Pump Station No. 5 Sewer Main Repair Project(Bid No. 96-08) -Fiscal Impact: $9,692.80 (Staff recommendation: Accept project improvements and authorize payment of the 10%retention) 11. Citizens' Options for Public Safety(COPS)Grant for Purchase of Computer Services- Total Grant Funds Requested: $5,350 (Staff recommendation: Adopt Resolution No. 100-97) 12. General Plan Conformance-Proposed Lease of Property at 6925 Atascadero Avenue-No Fiscal Impact (Staff recommendation: Find the County's intention to lease subject real property to be in conformance with the General Plan) 13. General Plan Conformance -Proposed Sale of Property at 4995 Mananita Avenue -No Fiscal Impact (Planning Commission/Staff recommendation: Find the City's disposal of the subject Park Reservation parcel to be in conformance with the General Plan) 14. Request by California Federation of Women's Clubs to Place an"El Camino Real • Bell" in front of the Chamber of Commerce Office-Fiscal Impact: $50.00 (Staff recommendation: Approve bell placement and provide staff direction) 15. 1997/98 Street Striping Project-Fiscal Impact: $26,575.34 (Staff recommenda- tion: Adopt Resolution No. 93-97) 16. Installation of Stop Sign Palomar Avenue-Fiscal Impact: $100.00 (Traffic Committee Recommendation: Adopt Resolution No. 94-97) 17. Resolution Adopting Full-time, Part-time Employee Salary Schedules and Departmental Staffing Allocations for Fiscal Year 1997/98 -No Fiscal Impact (Staff recommendation: Adopt Resolution No. 97-97) B. PUBLIC HEARINGS: 1. Appeal of Planning Commission Denial of Conditional Use Permit 97012 Regarding a Residential Care Facility at 7105 San Gabriel Road-No Fiscal Impact (Staff recommendation: Adopt Resolution No. 98-97, denying the proposed expansion of the subject facility) 2. Sewer Extension Reimbursement Agreement: Chauplin Ave. Fiscal Impact: $944.20 potential revenue from all properties connected (Staff recommendation: Adopt Resolution No. 95-97) 3 C. MANAGEMENT REPORTS: 1. Revision to the Contract with the Economic Vitalijy Co oration(EVC)to Provide Economic Development Services-No Fiscal Impact (Staff recommen- dation: Adopt Resolution No. 91-97) 2. Public Em o ees Retirement System PERS Contract Amendment Adding the Fourth Leve of the 1959 Survivor Benefit for Safely Members -No Fiscal Impact (Staff recom endation: (A)Adopt Resolution No. 96-97; (B) Motion to waive reading of p-oposed Ordinance No. 336 in full and introduce on first reading by title only; ( Authorize Mayor to execute agreement for pool survivor benefits) 3. Stadium Park Public Use Policies -No Fiscal Impact (Parks&Recreation Commission Staff recommendation: Adopt Resolution No. 92-97) 4. Public Education and Government PEG Access on Cable Television-No Fiscal Impact (Sta recommendation: Take no action at this time) 5. Information Bulletin: A. Rive Gardens-Atascadero Creek Drainage • B. R.E. . Program- Teen After-School Recreation Program C. Emp.oyee Update D. ATTORNEY REPORTS 1. Ordinance I,lo. 335 Amendment to Ni httime Curfew Regulations-No Fiscal Impact (Cit v Attorney recommendation: Waive the reading of Ord. 335 in full and introdu e for first reading by title only) 2. Procedure for Handliniz Citizen and Other Complaints Regarding Cily Personnel Practices an I Procedures-No Fiscal Impact (City Attorney recommendation: Maintain cu rent complaint procedure provided for by the Municipal Code) E. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary): 1. S.L.O. County Mayors Group 2. S.L.O. Co cil of Governments/S.L.O. Regional Transit Authority 3. City/School Committee 4. County Wat r Advisory Board/Nacimiento Water Purveyors Advisory Group 5. Economic Round Table 6. Finance Coiamittee 7. Air Pollution Control District 4 8. North County Council 9. Ad Hoc Regional Water Management Committee 10. Integrated Waste Management Authority F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer G. ADJOURNMENT: THE CITY COUNCIL HAS CANCELLED ITS REGULAR MEETING OF NOVEMBER 11TH DUE TO THE VETERANS DAY HOLIDAY. THE NEXT REGULAR MEETING IS SCHEDULED FOR NOVEMBER 25, 1997. Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. • • 5 i t n Red R bbo week October 23-31, 1997 WHEREAS, Tobacco, alcohol and other drug use and abuse has reached yandemic.stages in cal�onda and throughout the United estates; and WHEREAS It im erative that community members launch uni"ed and visible tobacco al r p ty fi alcohol and other dng yrevention education yrograms and activities to eliminate the demand for these substances; and WHEREAS, cal fornians for Drug-Free Youth, Inc. (cADFY) coordinates the calfomia Red Ribbon celebration in cooperation with National Family Partnershp to offer our citizens the oyportunity to demonstrate their commitment to healthy, drug free 1 festyles; and WHEREAS, Pre$ident Bill Clinton is the National Honorary chairman, and Governor Pete Wilson and Mrs. Gayle Wilson are the State Honorary chairpersons to provide national and.state focus on a Drug-Free America; and WHEREAS The Red Ribbon celebration will be observed across America durin RED RIBBON WEEK, October 23-31st,,, 1997; and WHEREAS, Patents, Youth, Government, Business, Law Er forcement, Schools, Rel0ious institutions, service organizations, So�(ial services, Health services, Media and the General Public will demonstrate their commitment to dng free co�,nnunaties by wearing and displaying Red Ribbons duriro this week-long celebration; NOW, THEREFORE, Be it yroclaimed that the city council of the city of Atascadero does hereby support October 23-31, 1997, as RED RIBBON WEEK and encourages all citizens to yartic�ate in tobacco, alcohol aid other drug privention programs, making a visible statement and commitment to a healthy, drug,free community, and to yled e:: NO USE OF ILLEGAL DRUGS, AND NO ILLEGAL USE OF LEGAL DRUGS. � s 1 RAY JOHN ON, M or City of Atascadero, cal fornia October 28, 1997 AL County of San Luis Obispo 1850 Drug and Alcohol Services ❑ 1102 A Laurel Lane ❑ 994 Mill Street, Suite 201 San Luis Obispo, CA 93408 San Luis Obispo, CA 93401 (805) 781-4753 (805) 781-4275 FAX (805) 781-1227 FAX (805) 781-4304 PAUL HYMANr7^r ;1 R DIRECTOR&ADMINISTRATOR I September 22, 1997 SEP 2 3 egg j City of Atascadero ATTN: City Council Members RE: Red Ribbon Week Proclamation As Chair of the Red Ribbon Celebration committee, I would like to invite and encourage your city to make a proclamation (sample enclosed) in recognition of Red Ribbon Week, October 23 to 31, 1997. Countywide participation--demonstrated in part by your city's proclamation--will help to ensure that the week-long Red Ribbon Celebration is a meaningful and memorable success. Other important Red Ribbon Week components include a poster contest already underway for grades K-6 and a Kickoff event at Mission Plaza on Saturday, October 25, from 10 a.m. to 2 p.m. (flyer enclosed). Please call me at 781-4757 with any questions. Thank you for supporting a healthy, drug- free lifestyle for your city and for San Luis Obispo County as a whole. lttldGf bVL` Vicki Farrer encl. •Treatment & Recovery Services • Drinking Driver Programs: First Offender/Second Chance • Probationer's Program • Planning • Community Recovery Centers •Youth Treatment/Early Intervention • Perinatal Services • Prevention & Education • Public Policy • Dual Diagnosis Program • Home Detoxification • Residential Services •AIDS Education/Training • Drug Diversion • School Site Services Red Rib, on Week by Enterm4pelebrcte 9' 1997 RED ' RIBBON POSTER CONTEST 3 GRADE CATEGORIES: K-1 -2, 3-4, and 5-6. PRIZES FOR EACH GRADE CATEGORY: First -$20, Second - $10, and Honorable Mentions. PRIZE PRESENTATION:''; Kickoff Celebration, SLO Mission Plaza, Saturday, October 25, 11 a.m. ,, �zxn Na 4POSTER THEME. BE HEALTHY AND DRUG FREE. F " POSTER DESIGN: Arty medium on 12" x 18" white construction paper. IDENTIFYING INFO: Clearly print NAME, GRADE, SCHOOL, HOME ADDRESS (city, state, zip), and HOME PHONE on back of poster in lower right-hand corner. ENTRY SUBMISSION: To teachers or group leaders by Friday, October 10; to SLO County Drug & Alcohol Services by Friday, October 17. 0 NOTE: Entrants must live in SLO County; posters will not be returned. For more information, call 781-4757. 19 6 J 9� San Luis Obispo County Red Ribbon Celebration October 23 - 31, 1997 AM n MON smog$ IM SM ..tjor FREE Ae ivities baturdamo • Operation I.D. • Dog Tags Aft�, ,aft, MM AM07 • Games tober / 1yF FREE Hands-On Displays 111! 111 • STAR Car Van • Law Enforcement Vehicles • Sapito & McGruff Mission Racal • Meet KiSBY Aft . . • Fire Trucks cirr) Luis ��• D.A.R.E. Vehicles • Crash Dummies po • Sheriffs Search & Rescue �� ® KS Y ��,�_ Winners Announced) Board of Supervisors Drug and Alcohol Services • Countywide Red Ribbon ,r{ n. TobacooContrdProgam d .L �� \ Celebration Poster I , 3.7; Contest winners //11 // UNITED SOUTH COUNTY announced at li a.m.! �an oCui� OLidro BOYS AND GIRLS CLUB • WEAR RED -.Best Red P & 322 Outfit Contest GUARD � R. - AGAINST l o °+L FREE ►nformstion % � ��Daucs �� • Information on Drug Use Prevention, Services, SLO COUNTY 7 and Youth Coalitions Remove Intoxicated Drivers SnN Luis 06M COUNTY OFFICE OF EDUCATION This poster is sponsored by the San Luis Obispo Coumy Tobacco Control Program and was made possible by funds received from the Tobacco Tax Health Protection Act of 1988.Proposition 99,under Grant Number 8.4-97929 with the Ca!aornia Department of Hea'!n Services,Tobacco Control Section. ITEM NUMBER: A- 1 DATE: 10/28/97 ATASCADERO CITY COUNCIL September 23, 1997 MINUTES 6:30 P.M. - CLOSED SESSION, CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Govt. Code Sec. 54956.9 (b)) Significant exposurel4o litigation (1 case): 1) EI Camino Self Storage v. City of Atascadero CONFERENCE WITH',LABOR NEGOTIATOR: Agency negotiator: City Attorney Employee organizatidns: Mid-Management/Professional, Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascadero Sergeants Service Orgn., Atasgadero Police Officers Assoc., Atascadero Public Safety Technicians Orgn. Mayor Johnson adjourned the Closed Session at 7.05 p.m. and Roy Hanley, City Attorney, announced that no action was taken. 7:00 P.M. - REGULAR SESSION: Mayor Johnson called the Regular Session to order at 7:08 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: f Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson Absent: None Others Present: Marcia M. Torgerson, City Clerk Staff Present: Wade McKinney, City Manager; Roy Hanley, City Attorney; Steve Decamp, Acting Community Development Director; Brady Cherry, Community Services Director; Lt. Bill Watton, Acting Police Chief; Rachelle Rickard, Accountant; and John Neil, Assistant City Engineer. COUNCIL COMMENTS: None. COMMUNITY FORU0 Ernie Porter, 5095 Sycamore Road, River Gardens, spoke on behalf of neighbors(names listed on Exhibit A). He expressed their concerns of Atascadero Creek and its effect on their neighborhood. He explained that this creek provides drainage from central Atascadero, through:, River Gardens, to the Salinas River. The River Gardens neighbors are worried about potenitial flooding due to increased runoff as a result of the development of new homes, commercial buildings, driveways and roads in Atascadero. Mr. Porter stated that they feel there may have been inadequate steps taken to protect their neighborhood. He asked that the City address their concerns that the drainage capacity of Atascadero Creek is being compromised. Mayor Johnson asked Wade McKinney to bring back this issue as a report to Council and notify Mr. Porter when it will be on the Council's agenda. Eric Greening, 7365 Valle, agreed with previous speaker. He stated the City needs to address drainage issues. Also, he stated that the Parks & Recreation Commission acted on recommendations of a citizens' committee for interim policies for proper use of Stadium Park. He asked when will those policies reach the Council. He expressed concern that he felt they were not affective until the Council approves them. Brady Cherry responded that the policy is ready to go and will be on the Council's agenda next month. Daphne Fahsing, 5105 Llano Road, spoke concerning the spay/neuter program. She stated that she received a letter from Mr. McKinney explaining that the reason the $5,000 allocated for the spay/neuter program last year was not spent because the County did not invoice the City. The County says they did not invoice the City because the City didn't adopt a budget until November 1996. She stated that she feels the error was on both sides. She asks that the Council release the $5,000 now. Mayor Johnson responded by saying that the Council cannot take action on this issue because it is not on the agenda, however, it is scheduled to be discussed during mid-year budget review. Katherine Baker, 6820 Santa Ynez Ave., spoke regarding the Tree Ordinance. She asked if the potential conflict of interest of Ken Lerno has been looked into and if the Fair Political Practices Commission (FPPC) has been consulted. Councilmember Lerno stated that he has asked the City Attorney to look into that issue. Roy Hanley responded that he has consulted with the FPPC. He explained that until a particular proposal is made to be voted on, it will not be clear if Councilmember Lerno has a conflict. --end Community Forum-- A. 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) CC 9/23/97 Page 2 6. REQUEST BY ATASCADERO KIWANIS CLUB FOR THE PLACEMENT OF A MEMORIAL IN HONOR OF THE LATE OTTO HEILMANN [Brady Cherry] (Staff recommendation: Approve) 7. ORDINANCE NO. 334 - Amending the official City zoning map by rezoning certain real property at 7405/7425 Navajoa Ave. From CP (Commercial Professional) to LSF-X (Limited Single Family - High Density) (ZC 97003/ Gearhart) [Steve DeCamp] (Staff recommendation: Motion to waive reading in full and adopt on second reading by title only) Mayor Johnson pulled item A-6. Mayor Johnson also stated that Councilmember Lerno has a conflict of interest on item A-7 and will be abstaining. Rush Kolemaine pulled items A-4 and A-5. MOTION: By Councilmember Luna and seconded by Councilmember Carden to approve items A-1, 2, 3 and 7. Motion passed 5:0 by a roll-call vote (with Councilmember Lerno abstaining on A-7). RE: Item A-4: Rush Kolemaine asked what the fiscal impact is of item A-4. Rachelle Rickard explained that A-4 will realize for the City a net cash savings of $211,000 and a net present value sayings of approximately $102,000. RE: Item A-5: Rush Kolemaine asked who the lease is with and what it is for. Rachelle Rickard explained that the lease is with Municipal Leasing and W.J. Fawell. This is part of the re-financing package. Mr. Kolemaine urged the Council to have financial information on the agenda for the public's benefit. MOTION: ;By Councilmember Luna and seconded by Councilmember Clay to ,approve items A-4 and A-5. Motion passed 5.0 by a roll-call vote. RE: Item A-6: Mayor Johnson asked Brady Cherry to give a briefing. Mr. Cherry explained that this item is a recommendation from the staff and Parks and Recreation Commission to approve a request by the Atascadero Kiwanis Club to name a grove of native trees on City property near the Salinas River in the memory of the late, Otto Heilmann. Councilmember Clay expressed his appreciation to the Heilmann's. Mayor Johnson expressed his appreciation to Mr. Heilmann for all of his hard work for the City of Atascadero. He explained that, rather than just letting this item pass on the consent calendar without comment, he pulled this item so that the Council could recognize Otto Heilmann. Mrs. Heilmann thanked the Council for their kind words. MOTION: By Councilmember Clay and seconded by Councilmember Luna to approve item A-6. Motion passed 5:0 by a roll-call vote. 0 CC 9/23/97 Page 3 B. PUBLIC HEARINGS: 1. CONSIDERATION OF DRAFT ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE NACIMIENTO WATER PROJECT [Steve DeCamp] (Staff recommendation: Review & discuss) Steve DeCamp gave a brief staff report. Mayor Johnson repeated Mr. DeCamp's comment that the City Council is looking at this issue from the perspective of how it affects our jurisdiction. Mr. DeCamp then answered questions of the Council Councilmember Carden asked if authorization to use the right-of-way had been approved. Christine Ferrara, Contract Project Manager, Boyle Engineering, answered that, no, the right-of-way has not been secured at this point. Councilmember Carden also asked if there is a possibility of a franchise fee since this is a utility-type service running through the City. Roy Hanley answered that he would have to check into imposing a franchise fee. Councilmember Luna stated he thought that when the encroachment ordinance was passed franchise fees were exempted. Mr. Hanley answered that he did not remember it that way but he will look into it. PUBLIC COMMENT Eric Greening, 7365 Valle, expressed his view that this is an adequate EIR. He shared his concern of placing the water pipeline too close to the railroad where it could be impacted over the years by the weight of trains going by. He also stated that he felt there would be minimal impact on Atascadero. • Rush Kolemaine, P.O. Box 1990, stated that the public did not have access to draft EIR. He asked what the Atascadero Mutual Water Company's response has been to this EIR. Mayor Johnson stated that the Water Company is responding on their own and he would need to contact them to find out their position. Mr. Kolemaine also asked if there be a pumping plant in Atascadero. Steve DeCamp answered no, it will be in Templeton. --end Public Comment-- There was no Council direction and Mayor Johnson stated that the Council concurs with the City recommendation. 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) Wade McKinney gave a brief staff report concerning future conflicts with Council meetings. Councilmember Lerno asked if something came up, could a meeting be scheduled. Mr. McKinney responded, yes. There was consensus of the Council to cancel the 10/14, 11/11 and 12/23/97 Council meetings. CC 9/23/97 Page 4 D. COMMITTEE REPORTS S.L.O. Council of Governments Councilmember Carden announced that some additional windfall funds have come our way from the State. There's a possibility that we might be able to do a few more projects. One might be the Highway 41/101 intersection. Brady Cherry stated that he and John Neil are in the process of putting together a memo to the City Manager and City Council on the list of the recommended projects that we're intending to apply for. The deadline for the funding requests is October 20, 1997. He asked the Council to let him know if there are any projects they would like to see on the list. City/School Committee Mayor Johnson reported that he and Wade McKinney met with new school superintendent. He stated that the superintendent is very open to interface with the City. Economic Round Table Mayor Johnson reported that Wade McKinney, the new City Manager, was the guest speaker at the last meeting. Also, they were briefed on the new Albertson's project. North County Council Next meeting 7:00 p.m., October 23, 1997 in Paso Robles [Marcia Torgerson] (City Clerk recommendation: Provide direction re: attendance and agenda items) Marcia Torgerson confirmed the date for the next meeting and asked who would be attending. Mayor Johnson and Councilmembers Carden, Clay and Luna said they would • be attending. Councilmember Lerno said he will have to check his schedule. The Council discussed potential agenda items. Mayor Johnson stated that his thoughts are that the purpose of the North'; County Council is to share ideas, equipment, staff, etc. Councilmember Luna expressed his concern that there be specific items to discuss. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Councilmember Clay',,announced that he swam 100 laps in the Swimathon and he's ready to collect the money'';from those who sponsored him. City Manager Wade McKinney officially recognized the Zoo accreditation. He stated that it is a compliment to Brady' Cherry and his staff for re-gaining that accreditation. Mayor Johnson adjourned the Regular Session to the North County Council meeting on October 23, 1997 at 7:00 p.m. in Paso Robles. MINUTES RECORDED AND PREPARED BY: Marcia M. Torgerson, City Clerk Attachments: Exhibit A - Ernie Porter (page 1) CC 9/23/97 Page 5 Atascadero City Council 9/23/97 Meeting Exhibit A To: Atascadero City Council i From: Ernie and Donna Porter Re: Names and addresses of Atascadero River Gardens area residents in atendance at the Tuesday, Sept-. 23, 1997 7 :00 pm Atascadero City Council meeting. Date: September 23, 1997 Name Address Phone # Zi�L i�e,c `�/cx� 5 5 r J z_- &/- Z 6 L-�n n1 l5 J�y�,^^v2'Is ITEM NUMBER: A - 2 DATE: 10/28/97 .79 ia�a � i.e7s I City Treasurer's Agenda Report Rudy Hernandez Treasurer's Report- July 1997 RECOMMENDATION: (City Treasurer and Staff) Review and accept the July 1997 Treasurer's Report REPORT IN BRIEF: Cash and Investments Checking] $ 786,093 Certificates of Deposit 1,027,776 LAW 7,437,105 Cash with Fiscal Agents 507,345 Cash in Banks at July 31, 1997 $ 9,758,319 Deposits in Transit 23,015 Outstanding Checks (641,100) Cash and Investments at July 31, 1997 $ 9,140,234 FISCAL IMPACT: None PREPARED BY: Finance Department,Rachelle Rickard,Accountant Page 1 of 5 J00001 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENT ACTIVITYSUMMARY FOR THE MONTH OF JULY 1997(UNAUDITED) • CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at July 1, 1997 $ 670,811 $ 6;873,392 $ 511,480 $ 8,055,683 Receipts 2,744,281 91,489 1,861 2,837,631 Disbursements (996,020) (138,975) (1,134,995) Transfers In 600,000 2,100,000 132,979 2,832,979 Transfers Out (2,232,979) (600,000) (2,832,979) Balance per Banks at July 31, 1997 $ 786,093 $ 8,4641-881 $ 507,345 9,758,319 Deposits in Transit 23,015 Outstanding Checks (641,100) Adjusted Treasurer's Balance $ 9,140,234 C OF ATASCADERO HERNANDEZ Ci y Treasure Page 2 of 5 J U 0002 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS BY FUND SJULY 1997 RESERVED UNRESERVED CASH(1) CASH(2) TOTALS POOLED CASH General Fund $ 1,826,733 Gas Tax Fund 105,762 Development Fee Fund 1,116 Community Development Block Grant (12,835) Police Development Fees Fund (2,082) Fire Development Fees Fund 17,562 Parks&Rec Development Fees';Fund 7,417 Drainage Development Fees Fund 235,289 Amapoa-Tecorida Fees Fund 125,250 Public Works Development Fee's Fund 555,545 Street Maintenance Districts Fund 49,950 TDA Non-Transit Fund 193,621 Sidewalk Fund 44,759 Capital Projects Fund 591,685 Camino Real Construction Fund 30,743 Dial-A-Ride Fund 43,500 Wastewater Operations Fund 1,795,697 Sewer Facilities Fund 2,553,288 Assessment District#3 5,268 Assessment District#4 114,574 Assessment District#5 677 Camino Real Debt Service Fund 166,290 92 Street Improvement Assessment Fund 104,657 Assessment District#7 (4,296) Assessment District#8 319 Assessment District#9 57,275 Assessment District#10 301 89 COP Debt Service Fund 951 Tree Plant Fund 23,876 Tree Association Fund (3) Total Pooled Cash $ 1,096,613 $ 7,536,276 $ 8,632,889 CASH WITH FISCAL AGENT Wastewater Operations Fund 54,998 Camino Real Debt Service Fund 205,705 92 Street Improvement Assessment Fund 50,918 89 COP Debt Service Fund 195,724 Total Cash with Fiscal Agent $ 507,345 $ - 507,345 Total of All Cash $ 9,140,234 Page 3 of 5 )o O O 0 3 CITY OF ATASCADERO , TREASURER'S REPORT TIME DEPOSITS, CERTIFICATES OF DEPOSIT, SAVINGS AND LOCAL AGENCYINVESTMENT FUND JULY 1997 INVESTMENT INTEREST AMOUNT EARNINGS Orange County Investment PooYrRAN $ - $ 1,609 (6) Orange County Investment Pool - 51,206 (6) Local Agency Investment Fund(3) 7,437,105 165,044 Certificates of Deposit(see attached schedule) 1,027,776 31,180 TOTAL $ 8,464,881 249,039 Mid State Interest Received 11,269 TOTAL INTEREST RECEIVED $ 260,308 (5) Notes: • (1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) On July 1, 1997, the City received $1,200,000 in the form of a Tax Revenue Anticipation Note (TRAN). The City must repay this amount including $ 53,850 of interest (4.50% per annum) on June 25, 1998. The total repayment($1,200,000+ $53,850) is $1,253,850. (4) July 1997 interest yields were as follows: Orange County Not available LAIF 5.679% Mid-State 2.43% (5) This is the actual amount deposited to City accounts and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. Furthermore, with the exception of the Orange County Investment Pool, interest earnings are reported on a calendar year basis. r (6) On December 6, 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a loss of$1,155,283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition interest for the period from December 1, 1994 through July 20, 1995. Page 4 of 5 -)00004 CITY OF ATASCADERO TREASURER'S REPORT SC'HEDME OF CERTIFICATES OF DEPOSIT JULY1997 PURCHASE MATURITY YIELD YTD BANK DATE DATE RATE AMOUNT INTEREST Santa Lucia Bank 6/19/97 12/19/97 5.00% $ 36,776.00 $ 922.33 Atascadero Union Bank 6/26/97 12/23/97 4.75% $ 99,000.00 $ 2,894.37 Atascadero Great Western Bank 6/28/97 12/28/97 4.98% $ 100,000.00 $ 3,705.10 Atascadero Bank of Santa Maria 7/24/97 1/27/98 5.01% $ 99,000.00 $ 2,907.37 Templeton First Bank&Trust 7/26/97 2/28/98 5.48% $ 99,000.00 $ 3,055.03 0anta Maria Bank of America 7/30/97 1/30/98 4.40% $ 99,000.00 $ 2,636.70 Atascadero Los Padres Savings 2/13/97 8/12/97 5.00% $ 99,000.00 $ 3,944.24 Santa Maria Wells Fargo Bank 2/22/97 8/22/97 4.50% $ 99,000.00 $ 2,648.25 San Luis Obispo First Bank of SLO 2/19/97 8/19/97 5.40% $ 99,000.00 $ 3,087.09 San Luis Obispo ValliWide Bank 2/23/97 8/23/97 5.00% $ 99,000.00 $ 2,459.88 San Luis Obispo Santa Barbara Bank& 3/6/97 9/6/97 5.04% $ 99,000.00 $ 2,919.81 Trust- Santa Maria TOTAL $ 1,027,776.00 $ 31,180.17 ')00005 Page 5 of 5 ITEM NUMBER: A - 3 DATE: 10/28/97 1918 � 19' 79 CAD�� City Treasurer's Agenda Report Rudy Hernandez Treasurer's Report - August 1997 RECOMMENDATION: (City Treasurer and Staff) Review and accept the Augjust 1997 Treasurer's Report REPORT IN BRIEF: Cash and Investments Checking' $ 407,459 • . Certificates of Deposit 1,027,776 LAIF 7,237,105 Cash with Fiscal Agents 686,677 Cash in Banks at August 31, 1997 $ 9,359,017 Deposits in Transit 11,905 Outstanding Checks (254,934) Cash and Investments at August 31, 1997 $ 9,115,988 FISCAL IMPACT: None PREPARED BY: Finance Department,Rachelle Rickard,Accountant -)0000ki Page 1 of 5 1 _ CITY OF ATASCADERO TREASURER'S REPORT • CASH&INVESTMENT ACTIVITYSUMMARY FOR THE MONTH OFAUGUST 1997(UNAUDITED) - CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at August 1, 1997 $ 786,093 $ 8,464,881 $ 507,345 $ , 9,758,319 Receipts 796,207 1,518 797,725 Disbursements (1,196,863) (164) (1,197,027) Transfers In 200,000 177,978 377,978 Transfers Out (177,978) (200,000) (377,978) Balance per Banks at August 31, 1997 $ 407,459 $ 8,264,881 $ 686,677 9,359,017 • Deposits in Transit 11,905 Outstanding Checks (254,934) Adjusted Treasurer's Balance $ 9,115,988 CITY OF ATASCADERO R HERNANDEZ C Treas Page 2 of 5 ')00007 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS BYFUND • AUGUST 1997 RESERVED UNRESERVED CASH(1) CASH(2) TOTALS POOLED CASH General Fund $ 11968,300 Gas Tax Fund 158,862 Development Fee Fund 1,116 Community Development Block Grant (29,841) Police Development Fees Fund (583) Fire Development Fees Fund 25,384 Parks&Rec Development Fees Fund 15,769 Drainage Development Fees Fund 239,204 Amapoa-Tecorida Fees Fund 123,288 Public Works Development Fees Fund 558,888 Street Maintenance Districts Fund 49,950 TDA Non-Transit Fund 196,169 , Sidewalk Fund 44,759 Capital Projects Fund 485,944 Camino Real Construction Fund 30,777 Dial-A-Ride Fund 21,899 Wastewater Operations Fund 1,767,877 Sewer Facilities Fund 2,551,733 Assessment District#3 5,268 Assessment District#4 40,717 Assessment District#5 677 Camino Real Debt Service Fund 47,744 92 Street Improvement Assessment Fund 47,132 Assessment District#7 (4,296) Assessment District#8 319 Assessment District#9 57,275 Assessment District#10 301 89 COP Debt Service Fund 951 Tree Plant Fund 23,731 Tree Association Fund (3) Total Pooled Cash $ 740,833 $ 7,688,478 $ 8,429,311 CASH WITH FISCAL AGENT Wastewater Operations Fund 54,898 Camino Real Debt Service Fund 326,989 92 Street Improvement Assessment Fund 108,649 89 COP Debt Service Fund 196,141 Total Cash with Fiscal Agent $ 686,677 $ - 686,677 Total of All Cash $ 9,115,988 Page 3 of 5 CITY OF ATASCADERO TREASURER'S REPORT TIME DEPOSITS,LCER TIFICATES OF DEPOSIT, SAVINGS AND LOCAL AGENCYINVESTMENT FUND AUGUST 1997 INVESTMENT INTEREST AMOUNT EARNINGS Orange County Investment Pool/TRAN $ - $ 1,609 (6) Orange County Investment Pool - 51,206 (6) Local Agency Investment Fund(3) 7,237,105 165,044 Certificates of Deposit(see attached schedule) 1,027,776 35,746 TOTAL $ 8,264,881 253,605 Mid State Interest Received 12,150 TOTAL INTEREST RECEIVED $ 265,755 (5) Notes: (1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) On July 1, 1997, the City received $1,200,000 in the form of a Tax Revenue Anticipation Note (TRAN). The City must repay this amount including $ 53,850 of interest (4.50% per annum) on June 25,1998. The total repayment($1,200,000+$53,850) is $1,253,850. (4) August 1997 interest yields were as follows: Orange County Not available LAIF 5.69% Mid-State 2.43% (5) This is the actual amount deposited to City accounts and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. Furthermore, with the exception of the Orange County Investment Pool, interest earnings are reported on a calendar year basis. (6) On December 6, 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a loss of$1,155,283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition interest for the period from December 1, 1994 through July 20, 1995. Page 4 of 5 r)()I)G 0 9 CITY OF ATASCADERO TREASURER'S REPORT • .SCHEDULE OF CERTIFICATES OF DEPOSIT AUGUST 1997 PURCHASE MATURITY YIELD YTD BANK DATE DATE RATE AMOUNT INTEREST Santa Lucia Bank 6/19/97 12/19/97 5.00% $ 36,776.00 $ 922.33 Atascadero Union Bank 6/26/97 12/23/97 4.75% $ 99,000.00 $ 3,299.31 Atascadero Great Western Bank 6/28/97 12/28/97 4.98% $ 100,000.00 $ 4,002.76 Atascadero Bank of Santa Maria 7/24/97 1/27/98 5.01% $ 99,000.00 $ 3,261.30 Templeton First Bank&Trust 7/26/97 2/28/98 5.48% $ 99,000.00 $ 3,723.89 Tanta Maria Bank of America 7/30/97 1/30/98 4.40% $ 99,000.00 $ 3,028.85 Atascadero Los Padres Savings 8/12/97 2/8/98 5.22% $ 99,000.00 $ 4,377.50 Santa Maria Wells Fargo Bank 8/22/97 2/22/98 4.50% $ 99,000.00 $ 3,044.25 San Luis Obispo First Bank of SLO 8/19/97 2/19/98 5.40% $ 99,000.00 $ 3,464.37 San Luis Obispo West America Bank 8/23/97 2/23/98 5.00% $ 99,000.00 $ 3,298.63 San Luis Obispo Santa Barbara Bank& 3/6/97 9/6/97 5.04% $ 99,000.00 $ 3,322.55 Trust Santa Maria • TOTAL $ 1,027,776.00 $ 35,745.74 ��v4�aV-1L► Page 5 of 5 ITEM NUMBER: A - 4 DATE: 10/28/97 • R{ {{ { { III _ 1$ 1 8 I City Treasurer"s Agenda Report Rudy Hernandez Treasurer's Report - September 1997 RECOMMENDATION: (City Treasurer and Staff) Review and accept the September 1997 Treasurer's Report REPORT IN BRIER Cash and and InvesUents Checking ! $ 430,889 Certificates of Deposit 1,027,776 LAIF 7,087,105 Cash with Fiscal Agents 509,052 Cash in Banks at September 30, 1997 $ 9,054,822 Deposits in Transit 31,211 Outstanding Checks (509,923) Cash and Investments at September 30, 1997 $ 8,576,110 FISCAL IMPACT: None PREPARED BY: Finl nce Department,Rachelle Rickard Accountant Page 1 of 5 `� CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENT ACTIVITYSUMMARY FOR THE MONTH OF SEPTEMBER 1997(UNAUDITED) CHECKI7VG FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at September 1, 1997 $ 407,459 $ 8,264,881 $ 686,677 $ 9,359,017 Receipts 710,080 2,427 712,507 Disbursements (836,650) (180,052) (1,016,702) Transfers In" 150,000 150,000 Transfers Out (150,000) (150,000) Balance per Banks at September 30, 1997 $ 430,889 $ 8,114,881 $ 509,052 9,054,822 Deposits in Transit 31,211 Outstanding Checks (509,923) Adjusted Treasurer's Balance $ 8,576,110 CITY OF ATASCADERO R Y HERNANDEZ ity Treasure Page 2 of 5 ')000 .2 CITY OF ATASCADERO TREASURER'S REPORT • CASH&INVESTMENTS BY FUND SEPTEMBER 1997 RESERVED UNRESERVED CASH(1) CASH(2) TOTALS POOLED CASH General Fund $ 1,951,143 Gas Tax Fund 164,117 Development Fee Fund 16,189 Community Development Block Grant (29,901) Police Development Fees Fund (583) Fire Development Fees Fund 26,265 Parks&Rec Development Fees Fund 15,769 Drainage Development Fees Fund 239,204 Amapoa-Tecorida Fees Fund 118,643 Public Works Development Fees Fund 544,639 Street Maintenance Districts Fund 49,950 TDA Non-Transit Fund 196,169 Sidewalk Fund 44,759 Capital Projects Fund 283,693 Camino Real Construction Fund 30,699 Dial-A-Ride Fund 15,575 Wastewater Operations Fund 1,691,564 Sewer Facilities Fund 2,489,586 Assessment District#3 5,268 Assessment District#4 , 40,717 Assessment District#5 677 Camino Real Debt Service Fund 47,744 92 Street Improvement Assessment Fund . 47,132 Assessment District#7 (4,296) Assessment District#8 319 Assessment District#9 57,039 Assessment District#10 301 89 COP Debt Service Fund 951 Tree Plant Fund 23,731 Tree Association Fund (3) Total Pooled Cash $ 538,267 $ 7,528,791 $ 8,067,058 CASH WITH FISCAL AGENT Wastewater Operations Fund 54,975 Camino Real Debt Service Fund 205,304 92 Street Improvement Assessment Fund 51,333 89 COP Debt Service Fund 197,440 Total Cash with Fiscal Agent $ 509,052 $ - 509,052 Total of All Cash $ 8,576,110 Page 3 of 5 CITY OF ATASCADERO TREASURER'S REPORT TIME DEPOSITS, CERTIFICATES OF DEPOSIT, SAVINGS AND LOCAL A GENCY INVESTMENT FUND SEPTEMBER 1997 INVESTMENT INTEREST AMOUNT EARNINGS Orange County Investment Pool/TRAN $ - $ 1,609 (6) Orange County Investment Pool - 51,206 (6) Local Agency Investment Fund(3) 7,087,105 165,044 Certificates of Deposit(see attached schedule) 1,027,776 39,997 TOTAL $ 8,114,881 257,856 Mid State Interest Received 12,737 TOTAL INTEREST RECEIVED $ 270,593 (5) Notes: (1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) On July 1, 1997, the City received $1,200,000 in the form of a Tax Revenue Anticipation Note (TRAN). The City must repay this amount including $ 53,850 of interest (4.50% per annum) on June 25, 1998. The total repayment($1,200,000+$53,850) is $1,253,850. (4) September 1997 interest yields were as follows: Orange County Not available LAIF 5.69% Mid-State 2.43% (5) This is the actual amount deposited to City accounts and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. Furthermore, with the exception of the Orange County Investment Pool, interest earnings are reported on a calendar year basis (6) On December 6, 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a loss of$1,155,283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition interest for the period from December 1, 1994 through July 20, 1995. Page 4 of 5 100014 CITY OF ATASCADERO TREASURER'S REPORT SCHEDULE OF CERTIFICATES OF DEPOSIT SEPTEMBER 1997 PI,)RCHASE MATURITY YIELD YTD BANK DATE DATE RATE AMOUNT INTEREST Santa Lucia Bank 6/19/97 12/19/97 5.00% $ 36,776.00 $ 922.33 Atascadero Union Bank 6/26/97 12/23/97 4.75% $ 99,000.00 $ 3,704.25 Atascadero Great Western Bank 6/28/97 12/28/97 4.98% $ 100,000.00 $ 4,290.82 Atascadero Bank of Santa Maria 7/24/97 1/27/98 5.01% $ 99,000.00 $ 3,758.91 Templeton First Bank&Trust I7/26/97 2/28/98 5.48% $ 99,000.00 $ 4,169.80 �anta Maria Bank of America 7/30/97 1/30/98 4.40% $ 99,000.00 $ 3,408.35 Atascadero Los Padres Savings 8/12/97 2/8/98 5.22% $ 99,000.00 $ 5,803.13 Santa Maria Wells Fargo Bank 8/22/97 2/22/98 4.50% $ 99,000.00 $ 3,427.87 San Luis Obispo First Bank of SLO 8/19/97 2/19/98 5.40% $ 99,000.00 - $ 3,464.37 San Luis.Obispo West America Bank 8/23/97 2/23/98 5.00% $ 99,000.00 $ 3,724.88 San Luis Obispo Santa Barbara Bank& 9/6/97 3/6/98 5.24% $ 99,000.00 $ 3,322.55 Trust- Santa Maria TOTAL $ 1,027,776.00 $ 39,997.26 Page 5 of 5 M 001 J ITEM NUMBER: A - 5 • DATE: 10/28/97 ie s � is e City Mana er's Agenda Report Wade G. McKinney September 1997 Audited Bills and Payroll RECOMMENDATION N O Approve certified City accounts payable, payroll and payroll vendor checks for September, 1997. DISCUSSION Attached for City Council review and approval are the following: Payroll Period End 08/29/97 Ck.#31873-32023 $ 124,449.72 Period End 09/12/97 Ck.#32052-32187 $ 123,631.64 Special Payroll Dated 09/18/97 Ck.#32163-void $ (233.03) Dated 09/18/97 Ck.#32188-32191 $ 296.39 Dated 09/18/97 Ck.#32190-void $ (63.36) Dated 09/18/97 Ck.#32192-32195 $ 63.17 Payroll Vendors Dated 09/05/97 Ck.#32031-32051 $ 44,505.84 Dated 09/19/97 Ck.#32196-32217 $ 51,814.33 Dated 09/30/97 Ck.#32362-32368 $ 29,410.42 Accounts Payable Dated September 1-30, 199, Ck.#59296-59668 $ 669,291.18 Ck.#EFT03-EFT04 $ 43,275.25 TOTAL AMOUNT $ 1,086,441.55 FISCAL IMPACT Total expenditures for all funds is$1,086,441.55. City Manager's Agenda Report September Audited Bills and Payroll Page Two CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. Dated: October 8, 1997 Rachelle Rick rd,Accountant Approved by the City Council at a meeting held October 28, 1997. Marcia M. Torgerson, City Clerk ATTACHMENT: September 1997 Warrant Register $ 712,566.43 W0017 AC I W W JO F iL`CYIli7ClCxY 'L?GYY3zieY'LeG`LK'L `L'L`L-G)CL 1C'L:LY•L.)�: lC3C xX!- LL':Lxle F 1 X CC C O Q t Q Q F Z w w wlw w w w-w W W W W w w w w w W W w w w W W W w W W w W w W w W W W W W w W w W O I U U O)Q 1 H r. z -.I AAAFw CC - W* •' I W w W U Z F A A A,iA 0 J I ZZzw CL, C W W Wrw.W Ww w W wwwwwwww W w wW wwww W w wwwwww W W W W W W www <AF G I CC CLO 1-1--AFF-FFFFFFFFFFFF-Ft-FFFFFFFFJ-FFFFFFFF PPPPPP L. 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UiLT4?F FF FF FFO0033333 - - innnnnnnnnnnnnnr.nnnnnnnnnnnnn x ! PC* ol PPPf* PPPC'•a1.0-hP!'1PCl,PPP1-1P v` P0% Fr. L t I G09M9SO S>swMMFID S9SSSsSwnS519'SS0 r ' 95>959-5•'S S9'S9SSS9SMsz MS63&MM09S _ n n:z 1 ,-�.+ .,.•� +z,-'.r .•. r•L.+ .•t.+.-i.s,ti.•: ,..i'•' .ti.+ ,-{,-� .r r.-i.+,ti.•' • ^•;C,z L. : .•.NMc4: ,oN 0 G ,-.NM �r0 ,0nOPLaM'•0 N S S T ! c ccQ Q cc c c00004747000 'a 3.0`O c10 \\ N u L i I:10 13 Irl IC a 10 10 10 41 .:le'a-) 'a`, Ci-O'O v) 'o-J" O c -0`0 v.'O S La- U E PPC+P C,PP o+ a'TPPPPP PC.PPTlos PPC*PP 'Yl P .•K r+ J L G ' u7 0 ,L•7.7 47 0 47 47 47 0 L?n u7 L•7 47 47 li 47 L7 L•? u7 47 47 01 1*7 U2. + 59999CJ9995'+9S•9G19G6M9is, SOS WSGGM � •ri i- zc a Lu = = L•' :. CC iC ITEM NUMBER: A - 6 DATE: 10/28/97 IM-8 �a e CADS ', City Mana er's Agenda Report Wade G. McKinney Acceptance of Final Parcel Map (8295 Marchant Avenue) RECOMMENDA'T'ION: Council accept the Finial Map for approved Tentative Parcel Map#95004. DISCUSSION: Tentative Parcel Map#95004 was approved by the City Council on December 12, 1995. The Parcel Map created two parcels of land at 8295 Marchant Avenue. The parcels are 0.5 and 0.55 • net acres. This approval was in accordance with the recommendation of the Planning Commission following a Public Hearing. Since approval of the'tentative Map, all Conditions of Approval imposed by the Planning Commission and Council have been satisfied and a Final Map has been signed by the City Engineer and made ready to record. FISCAL IMPACIfi: Final Map acceptance would result in the creation of one (1) additional parcel that would be available for single farthily residential development. ALTERNATIVES: Final Map acceptance is a ministerial act,meaning that it must be accepted by the City and allowed to record if consistent with the Tentative Map approval and all Conditions of Approval attached thereto. PREPARED BY: ''i Community Development Department Steven L. DeCamp, Acting Director i ATTACHMENTS: Attachment A--Approved Tentative Map 1)00014 6 ATTACHMENT A CITY OF ATASC"ERO APPROVED TENTATIVE MAP TPM #95004 tons COMMUNITY DEVELOPMENT DEPARTMENT . • ° O AI HI fe/f/I//f/Jl AMR \ ° O AIYrM tM01+AI JN 4� O IUM r"N"t/LAW f h ° •.�•r/ IMray ow am w rw p.r00IRr W Mfl M/Y N Of f1 SIV am*UNM —A— V/t/N/TY MAP lCich/'•f/ .. I r •%w r •w yaezctc t •, P�rrctc s si • _— °°rir. Me°/'/y°urrytrer•r,-Ire nl J 4wi MA mt p ~ e Air f p•1•r eMM d C r T IM�oRAeer en/ we rse�, i ?t�aa! L ff tons e►° a1 I tons` Rcac 3� ;3 1�=t.t (am wl •' \\N K mw w \ fw WWS,lr lr/ fm ff•rrM 7.r/n frfew• - �+M�r n+►en AM ut n/Ir 7Ip v Ifp IN 9 �M/f}Or OM� fft•y M/�/Ar RI�•w fir ~ / f eAew•�afa fet/N p�'7iw«iww,/r`w�1r w pj,T, !,y Or DL X.fS h•r i.ey) P!L. t.7eTA[T f70 een ver.rrwr/w ff 7 .. a moo" Jam O°MI umft w°f,%.nr Awe am"Ave sm"" Wlow/nxeL NAR owmetr ff%fVCYORr ! f.r•frf-frr-IrI esur//wrw.reffrw fowvlf.w+elfr/,./rarr ! ' rr1.•.Krfrffv/ flOtrH1 ueel fe.rrM � PARCEL MAP'AT 95.076 ver+rir so e.Aomw* v,. I,n/r ur�y f 1M rN Iw7/rfM w•wan//Dr wrrQ ver ur fM•eA`M ret r r/w/./ p r/•acts w fssrr/wt N.nM w rw M nM I. rrrfrn rwf,r".ff r Ar/ffwn O�Mr/r1 rer r/M nrW fArw►,fA1f r fKMMMM. • ITEM NUMBER: A - 7 ' DATE: 10/28/97 1918 1-97-9 CAu / City Manager's Agenda Report Wade G. McKinney Acceptance of Final Parcel Map (10060 Atascadero Avenue) RECOMMENDATION: Council accept the Final Map for approved Tentative Parcel Map#92006. DISCUSSION: Tentative Parcel Map#92006 was approved by the City Council on October 27, 1992. The Parcel Map divided a 2.28 acre site into two parcels of 1.0 and 1.28 acres at 10060 Atascadero Avenue. This approval was in accordance with the recommendation of the Planning Commission following a Public Hearing. Since approval of the Tentative Map, automatic time extensions were granted pursuant to rulings of the State Legislature. All Conditions of Approval imposed by the Planning Commission and Council have been satisfied and the Final Map has been signed by the City Engineer and is ready to record. FISCAL IMPACT: Final Map acceptance would result in the creation of one(1) additional parcel that would be available for single family residential development. ALTERNATIVES: Final Map acceptance is a ministerial act, meaning that it must be accepted by the City and allowed to record if consistent with the Tentative Map approval and all Conditions of Approval attached thereto. PREPARED BY: Community Development Department Steven L. DeCamp,Acting Director ATTACHMENTS: Attachment A--Approved Tentative Map 00 I ' �T� ATTACHMENT A 'y CITY OF ATASCADERO APPROVED TENTATIVE MAP TPM #92006 COMMUNITY DEVELOPMENT DEPARTMENT k, --:ROAA_8� rt �r — pTASCVFRO • ;� I F , Jit' •�• \ �'\ \\ ` •• LU Q W j��y as Px V �f.; p Al O ~ l Ncr W 3(7 cr) LLJ Ix CL �e�r34Qn C t o •. ac t ° . T t OD0029, REPORT TO CITY COUNCIL Meeting Date: 10/28/97 CITY OF ATASCADERO Agenda Item: A-8 FROM: Wade G. McKinney, City Manager PREPARED BY : John B. Neil,Assistant City Engineer i_ SUBIECT: Traffic Way Bikeway;Project- Bid No. 96-06 Acceptance of improvements RECOMMENDATION: 1. Accept, by Minute Order, the completed Traffic Way bikeway improvements. 2. ' Authorize the release of the project retention in the amount of $14,485.32. DISCUSSION: Resolution No. 28-0 authorized execution of an agreement with A. J. Diani Construction Company to construct the Traffic Way bikeway improvements. The project was completed on July 1, 1997. The work was found to be in substantial conformance with the plans approved by the City!Engineer. FISCAL IMPACT: • PRO ECT REVENUES Proposition 11116 Funds $100,000.00 Urban State Highway Account Funds(Fund 500) $75,538.00 Regional Surfajce Transportation Program Funds(Fund 500) $20,000.00 Regional Stgte,=Highway Account Funds (Fund 500) $50 000.00 TOTAL REVENUES $245,538.00 PROJECT EXP NDITURES Planning, Scoping, Funding Applications $7,242.68 Preliminary Engineering(plans, specifications,estimates, $15,463.88 survey) Utilities (coordination, relocation) $7,966.95 Right-of-way(Oasements, consent of landowners) $5,069.88 Construction $151,086.82 Soils testing $2,538.00 Constructio"ngineering and surveying $21,728.00 TOTAL EXPENDITURES $211,096.21 • The total amount of the retention to be released by Minute Order is $14,485.32. 00€ x.30 Page 2 Traffic Way Bikeway Project Report to City Council 10/28/97 Per resolution 28-97, the excess funds from the Traffic Way Bikeway Project ($34,441.79=$245,538 - $211,096.21) are to be transferred to the EI Camino Real Bikeway Project. ATTACHMENTS: 1. Notice of Completion K.\USERS\RDK\94156\94156STF.RPT • • RECORDING REQUESTEDIBY: (and when recorded, mail to:) City Clerk CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 NOTICE OF COMPLETION NO TRANSFER OF PROPERTY l - Notice is hereby giver in to Civil Code Section 3093: 1. The undersigned is corporate officer for the City of Atascadero, owner of property hereinafter described. 2. The full name of the owner is the City of Atascadero. 3. The full address of the owner is: 6500 Palma Avenue, Atascadero, CA 93422 4. The nature of the interest of the owner is in fee. 5. A work of improvement on the property hereinafter described was completed on July 1, 1997. 6. The work done was construction of bikeway improvements . 7. The name of the contractor who performed such work of improvement was A. J. Diani Construction Company The date contract was entered into was May 30, 1997 8. The property on which said work of improvement was completed was in the City of Atascadero, County of San Luis Obispo, State of California, and is described as follows: Traffic Way from EI Camino Real to San Jacinto Avenue 9. The street address of said property is: Not Applicable Dated: Wade G. McKinney, City Manager City of Atascadero VERIFICATION 1,the undersigned,say that',I am the City Manager, declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at the City of Atascadero, California. Wade G. McKinney, City Manager City of Atascadero X:\94156\94156NOC 70032 REPORT TO CITY COUNCIL Meeting Date: 10/28/97 8/97 CITY OF ATASCADEIZO Agenda Item: A-9 and A-10 • FROM: Wade G. McKinney, City Manager PREPARED BY : John B. Neil, Assistant City Engineer SUBJECT: Acceptance of improvements Curbaril Avenue Sevier Main Repair Project - Bid No. 96-07, Pump Station No. 5 Sewer Main Repair Project- Bid No. 96-08 RECOMMENDATION: 1. Accept, by Minute Order, the completed Curbaril Avenue and Pump Station No. 5 sewer main repairs. 2. Authorize the rellease of the project retention in the amount of $6,987.30 to Whitaker Engineering Contractors for the Curabaril Avenune sewer main repairs. 3. Authorize the release of the project retention in the amount of $9,692.80 to A Jay Excavating, Inc. for the Pump Station No. 5 sewer main repairs. DISCUSSION: Resolution No. 107-§6 authorized execution of an agreement with Whitaker Engineering Contractors to construct the Curbaril Avenue sewer main repairs. The project was completed on July 311, 1997. The work was found to be in substantial conformance with the plans approved by the City Engineer. Resolution No. 108- 6 authorized execution of an agreement with A-Jay Excavating, Inc. to construct the Pump Station #5 sewer main repairs. The project was completed on September 19, 1997.1 The work was found to be in substantial conformance with the plans approved by the City' Engineer. The Federal Emergency Management Agency (FEMA) has authorized reimbursement of $52,405.00 for the Qurbaril Avenue sewer main repairs. FISCAL IMPACT: PRO ECT REVENUES FEMA funds(Curbaril Avenue Sewer Main emergency repairs) $11,815.00 FEMA funds ((urbaril Avenue Sewer Main permenant repairs) $52,405.00 Wastewater F cilities Fund (Fund 790) $158,998.08 TOTAL REVEL UES $223,218.08 PRO ECT EX IENDITURES Preliminary Eh,gineering(Boyle Engineering) $28,500.00 Permits(Fish Game) $109.00 M0033 Page 2 Sewer Main Repair Projects Report to City Council , October 28, 1997 Emergency Repairs(Curbaril Avenue Sewer Main,A-Jay $13,066.63 Excavating, Inc.) Emergency Sewer Pumping(Curbaril Avenue Sewer Main, Ingram- $1,400.00 Greene) Construction (Curbaril Avenue Sewer Main Repairs,Whitaker $62,885.70 Engineering Contractors) Construction (Pump Station #5 Sewer Main Repairs,A)ay $96,928.00 Excavating, Inc.)` Construction engineering, surveying, staking (Curbaril Avenue $7,557.50 Sewer Main repair) Construction engineering,surveying, staking (Pump Station#5 $12,771.25 Sewer Main repair including emergency repairs) TOTAL EXPENDITURES $223,218.08 ATTACHMENTS: 1. Notice of Completion, Curbaril Avenue Sewer Main Repairs 2. Notice of Completion, Pump Station #5 Sewer Main Repairs X:\CORRES\96116\96116STF.RPT 'GtEV: l 0'20 lq� 003•' RECORDING REQUESTED BY: (and when recorded, mail to:) City Clerk CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 NOTICE OF COMPLETION NO TRANSFER OF PROPERTY Notice is hereby given pursuant to Civil Code Section 3093: 1. The undersigned 'is corporate officer for the City of Atascadero, owner of property hereinafter described. 2. The full name of the owner is the City of Atascadero. 3. The full address of the owner is: 6500 Palma Avenue, Atascadero, CA 93422 4. The nature of the'interest of the owner is in fee. 5. A work of improvement on the property hereinafter described was completed on July 31, 1997. 6. The work done w:as repair of a damaged sewer main repair across Atascadero Creek. 7. The name of the contractor who performed such work of improvement was Whitaker Engineering Contractors. The date contract was entered into was June 9, 1997. 8. The property on 'which said work of improvement was completed was in the City of Atascadero, County of San Luis Obispo, State of California, and is described as follows: Repair of a damaged sewer main across Atascadero Creek at Curbaril Avenue. 9. The street address of said property is: Not Applicable Dated: Wade G. McKinney, City Manager City of Atascadero VERIFICATION I,the undersigned, say that I am the City Manager, declarant of the foregoing Notice of completion; I have read said Notice of Completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the',,foregoing is true and correct. Executed on at the City of Atascadero, California. Wade G. McKinney, City Manager City of Atascadero `)00035 RECORDING REQUESTED BY: (and when recorded, mail to:) City Clerk CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 NOTICE OF COMPLETION NO TRANSFER OF PROPERTY Notice is hereby given pursuant to Civil Code Section 3093: 1. The undersigned is corporate officer for the City of Atascadero, owner of property hereinafter described. 2. The full name of the owner is the City of Atascadero. 3. The full address of the owner is: 6500 Palma Avenue, Atascadero, CA 93422 4. The nature of the interest of the owner is in fee. 5. A work of improvement on the property hereinafter described was completed on September 19, 1997. 6. The work done was sewer main repair. 7. The name of the contractor who performed such work of improvement was A-Jay Excavating, Inc. The date contract was entered into was June 9, 1997. 8. The property on which said work of improvement was completed was in the City of Atascadero, County of San Luis Obispo, State of California, and is described as follows: Repair of the sewer main crossing Atascadero Creek at Pump Station #5 at the City Corporation yard. 9. The street address of said property is: Not Applicable. Dated: Wade G. McKinney, City Manager City of Atascadero VERIFICATION I,the undersigned, say that 1 am the City Manager,declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at the City of Atascadero, California. Wade G. McKinney, City Manager City of Atascadero K:\USERS\RDK\96109\96109NOC "W0036 ITEM NUMBER: A - 11 DATE: 10/28/97 �sl"i 7 C City Manager s Agenda Report Wade G. McKie ney Citizens' Options for Public Safety (COPS) Grant: Purchase of Computer Services RECOMMENDAII ION: Approve Resolution -No. 100-97, authorizing the purchase of computer services from Techni Service Company,totaling $5,350.00 for the police department's computer upgrades. DISCUSSION: • Background: In 19961 the State Legislature enacted AB3229 which set up the Citizens' Options for Public Safety Program (COPS). Although this is a five year program, the funds must be allocated every year for that year's expenditures. Monies must be used for front line law enforcement needs, and may not supplant budgeted funds. This year, AB 11 has funded this program, resulting in $57,155 for our police department. As with last year, we will be replacing old warn out computjer equipment and working to complete our computer system within the police facility. Summary: This requestIli is the first of two parts. This report (part one) is a request to purchase the services of Techni'Computer Company to: • Coordinate the installation of the required new California Law Enforcement Telecommunications System(CLETS) which involves the re-location of our current message switch from Santa'IBarbara to San Luis Obispo County. • An assessment of our current police network with recommendations, project management and completion. • engineering and network optimization to resolve problems. • set up E-mail. Part two of this request will be forwarded to City Council in December and will involve specific computer equipment and other specialized police equipment authorized by the grant funding. • LastPP ,eara roximatply 80% of the computer hardware and a smaller portion of the software Y within the police department was replaced. In order to maximize our available funds to complete this project,!;we are requesting the assistance of a knowledgeable computer firm. The recommended firm hat specialized knowledge of Police Departments and the CLETS. M0037 ITEM NUMBER: A - 11 DATE: 10/28/97 FISCAL IMPACT: • The funds requested for this project are grant funds previously allocated to the City for use in the police department. This particular vendor is the sole provider in that they have a background with other cities in this county in preparation of the conversion from Santa Barbara to San Luis Obispo County for the CLETS as well as their expertise in our current police automated system. This request is to use $5,350 of the total $57,155 available grant funds. Part two of this request will account for the remainder of the funds. ALTERNATIVES: We could continue the upgrade of our computer system using the recommendations of in-house personnel. We do not have on staff anyone formally trained in computer programming, acquisition, design, or system administration. While we are willing to proceed with our limited knowledge of computer systems,it would likely not maximize the available funds. PREPARED BY: Police Department Lt. Bill Watton,Acting Police Chief ATTACHMENTS: Resolution No. 100-97 Techni Service Company's Proposal x)00038 RESOLUTION NO. 100-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,AUTHORIZING THE PURCHASE OF COMPUTER SERVICES FROM TECHNI SERVICE COMPANY WHEREAS, the City Council of the City of Atascadero wishes to purchase computer services from Techni Service Company; and WHEREAS, the funds provided under the Citizens Options for Public Safety Program must be allocated every year for the year's program; NOW THEREFORE BE IT RESOLVED, that the individuals shown on the attached contract are hereby authorized to execute for, and on behalf of, the City of Atascadero, an agreement for computer services. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held!,on the of , 1997. On motion of Councilman , and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: ATTEST: CITY OF ATASCADERO MARCIA TORGERSON, City Clerk RAY JOHNSON, Mayor APPROVED AS TO FORM: ROY HANLEY, City Attorney ')00039 ftwm. Mm Lod Atwater To: Lt.Watton Date: 10/17/97 Time: 11:48:07 Page 2 of 7 Proposal to Serve City of Atascadero Police Department with Technology Consulting Services Public Safety CLETS Migration Systems and Security Analysis, Recommendations and Project Management October 17, 1997 T echni Service Company The Bridge to Your Communications Solution! M0040 fnmu Mrs.Lori Atwater To: Lt.Watto�i Date: 10M7197 Time: 11:48:39 Page 3 of 7 City of Atascadero Police Department Technology Consulting Services • BACKGROUND The County of Santa Barbara provides access to CLETS,a law enforcement information resource,for Police Departments and Sheriff of San Luis Obispo County. By July 1, 1998,service from the County of Santa Barbara will be terminated and CLETS access will be provided by the County of San Luis Obispo. The equipment and software currently used to access CLETS will no long:r be useful. New equipment,software and communication links must be installed and operational by June, 1998. 1Zecentiy,the County She-rrif's disconnected access to warrant information(WANDA)even though CLETS access through the County is not available. The County is providing warrants information on print outs and by telephone in the interim.'; These services does not meet the critical information requirements of Atascadero Police Department It is important that access to County of San Luis Obispo public safety information systems be established without delay. Once a wide area connection is established to the County of SLO network,Atascadero Police will have on-line access to CLETS and warrants(LAWS). The goal of our proposed services is to assess the technology requirements for Atascadero Police Department as then relate to dte current network,CLETS migration and warrants access,make recommendations related to network integration,training,and the security of their present inertial and future external network resources,and present Public Safety Management with identified projects,priorities and budget projections. PROJECT SCOPE Access to CLETS is mandatory for Public Safety. Access to local,regional and statewide information for incident invesiiaation, interagency cooperation,and emergency response is critical to the success of both departments. Due to the nature of public safety agencies and the mission-critical information that they maintain. all Public Safety Systems should be fault tolerant and secure from unauthorized access. 'A'e propose to address the following areas related to the technology requirements of Atascadero Police: . CLET&L-1 H'S figration. Work with County of SLO and Santa Barbara to determine CLETS transition requirements,costs and scheduling. Recommend equipment and software for secure connection to the County network(firewall). %,lavage installation. This process has the highest priority. > Police Local Area Network. Evaluate current network performance,optimize Netware server and printing services. Develop recommended email strategy,network enhancements,and training. Complete changes as directed by Atascadero Police Department at a predetermined rate. Conduct email training for staff. These services do not imp lude evaluation of or project management of migration to a new CAD/R.NIS system. These services do not include equipment or software costs. 'Ale will assist the City by receiving competitive bids for the wort:required. 'We will provide Atascadero Police Department with recommendations,priorities.budgets and proposed schedules for these projects. • Techni Service Company October 17, 1997 Page 1 900041 From:Mn.Lad Atwater To: Lt.Watton Date: 10/17197 Tines• 1!:49:34 Page 4 o4 7 Citv of Atascadero Police Department Technology Consulting Services FEES our rate for technology consulting and project management services is$75 per hour. This rate is discounted to our local, public sector clien*s from our normal rate of$90 per hour. network engineering services are provided at a rate of S80 per hour,when they are required. This rate includes travel and other expenses. The following table provides the detailed estimate of Consulting,Network Engineering,and Project Management tasks. Project tasks include meetings,research,site review,product evaluation,cost analysis, scheduling,and project management. i 1 Requirements and Coordination of CLET,,LAWS transition, 20 1,300 I i including meetings w,'County;network list of equipment and i software:firewall security strategy;and project management 2 network Assessment,Recommendations,Project Management,and I 30 2,250 i Training I I Network engineering required complete Netware optimization, 1$ 1,600 resolve printing problems,and install and ccrifigure email. Estimated hours at S80./hr. v��',i � t.,��'1 a 4t�kll:btt ..� ��k 'Y�! �i: t' �1 1;' I � i`i i t t t i ii i� i� S�i i^. � '•i,,. +7' �i'.I Total Estimated Cost of ConsWting Services=S 5,350 PROPOSAL TERMS These project scope and fees are based on the information provided by the City and aur approach previously identified. We bill our clients mf�onthly r work completed the previous month. Our payment ternis are NET30. We require$300 start up fee in advance to commence work. This proposal • is valid for 60 days from October 17, 1997. The City or Teel-h-ti Service Company may terminate ilii, agreement with a thirty(30)day written notice. Teekni Service Company October 17, 1997 Page 2 • 00€ 042 From:Mn.Lori Atwater To: Lt.Watto}l Dace: 10/17/97 Time: 11:50:31 Page 5 of 7 CITY OF ATASCADERO POLICE DEPARTMENT PROFESSIONAL SERVICES AGREEMENT PUBLIC SAFETY SYSTEMS ANALYSIS AND PROJECT MANAGEMENT THIS AGREEMENT Made and entered into this day of 1997, by and between the City of Atascadejro Police Department, hereinafter "CLIENT", and Techni Service Company, hereinafter "CONSULTANT". WITNESSETH: WHEREAS, CONSULTANT has responded and assisted the CLIENT in defining the project scope and tasks on August 20, 1997; and WHEREAS, CONSULTANT has provided a proposal to serve the CLIENT with professional services'',to assess their public safety systems and provide engineering and project management services for projects approved for completion; and WHEREAS, CONSULTANT represents that it is prepared and able to perform the tasks required by the',CLIENT. NOW, THEREFORE, INCORPORATING THE FOREGOING RECITALS HEREIN, IT IS AGREED AS FOLLOWS: 1. Retention of Consultant. The CLIENT hereby retains the services of CONSULTANT to perform the professional services to supply the analysis and work products itemized in the Project Scope and CONSULTANT's Proposal "Proposal to Serve the City of Atascadero Police Department" dated October 17, 1997, (hereinafter "Proposal"; Attachment A:). Attachments A is incorporated herein by this reference. The CLIENT or CONSULTANT may terminate this agreement with a thirty (30) day written notice. 2. Management of Project. This project will be managed by Lt. Watton Except as otherwise provided herein, all actions regarding this project require the approval and consent of the CLIENT. 3. Services to be Performed. As specified in the Project Scope and CONSULTANT's Proposal, CONSULTANT shall provide services and assessments for the CLIENT as detailed in the Project Scope. 4. Compensation. CONSULTANT shall bill the CLIENT as indicated in the Project Scope and Proposal not to exceed $ 5,350 . Payment of all taxes shall be the responsibility of CONSULTANT. The CLIENT will provide a 1099 form at the end of the calendar year.' CLIENT agrees to pay CONSULTANT within 30 days of receipt of monthly invoice. 5. Delivery of Services. CONSULTANT shall make every reasonable effort to deliver the services as described herein when promised, subject to adjustments upon the mutual agreement of the CLIENT and CONSULTANT. Technology Consultant Agreement September, 1997 Page I M0043 from.Mts.Lod Atwater To: Lt.Watton Date: 10/17/97 Timms 11:51:20 Page 6 of 7 6. Responsibility of CONSULTANT. Signature on this Agreement is considered as a representation that: a. CONSULTANT has carefully investigated all conditions which affect, now and at some future date, the performance of the work covered in the Project Scope. b. CONSULTANT is fully informed concerning the conditions to be encountered, quantity and quality of work to be performed. C. CONSULTANT is familiar with all federal and state laws, and any ordinances which affect the work to be conducted and the persons employed or contracted in the work. d. CONSULTANT shall provide the CLIENT with monthly reports related to project status. CONSULTANT will inform the CLIENT in writing of potential or known hazards to the reliable operation of their systems in a timely manner. e. By means of periodic observations of CLIENT systems, CONSULTANT will endeavor to guard the CLIENT against defects and deficiencies in the work or maintenance of the system and services' suppliers, but nothing in the Agreement or in CONSULTANT's periodic observation shall constitute or be construed as a guarantee of performances of any other contracts, contractors or a guarantee against defects, deficiencies or errors. CONSULTANT will undertake reasonable efforts to point out potential sources of network vulnerability, However, CONSULTANT expressly disclaims responsibility for any system failure or loss which might thereafter occur on CLIENT's computer or communication system or 0 related equipment, and neither warrants nor guarantees that such efforts will protect fully against the occurrences of such failure or loss. 7. Satisfactory Performance. CONSULTANT shad perform all services required according to the professional standards of the industry and to the satisfaction of the CLIENT. All reports and documents produced and submitted by CONSULTANT pursuant to this Agreement must meet with and shall be made to the Client's satisfaction. 8. Indemnity. CONSULTANT agrees to fully indemnify, defend and hold harmless the CLIENT and its member agencies, its officers, employees and agents from any and all loss, damage, liability, claim, demand, or cause of action whatsoever arising out of or resulting from or alleged to have arisen out of or have resulted from any act or omission or CONSULTANT, its officers, agents, employees, independent contractors, or representatives in the performance of this Agreement, whether or not caused in part by a party indemnified hereunder. 9. Attachments, All attachments to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. In the event of a conflict between terms, conditions or obligations sett forth herein and those attachments, it will be incumbent on the CONSULTANT to bring said conflict to the attention of the CLIENT who's interpretation shall be binding. Teelu:ology Consultant Agreement September, 1997 :'age Z 900044 Fwm:Mm Lori Atwater To: Lt.Watto* Date: 10/17/97 Time: f 1:52:12 Page 7 or 7 10. Independent Contractor. In the performance of the services under this Agreement, CONSULTANT shall be, and acknowledges that CONSULTANT is in fact and law, an independent contractor and not an agent or employee of the CLIENT. CONSULTANT has and retains the right to exercise full supervision and control over the manner and methods of providing services to the CLIENT under this Agreement. CONSULTANT retains full supervision and control over employment, direction, compensation and discharge of all persons assisting CONSULTANT in the provision of services under this Agreement. With respect to CONSULTANT's employees or contractors, CONSULTANT shall be solely responsible for the payment or wages, benefits and other compensation, compliance with all occupational safety, welfare and civil rights laws, tax withholding and payment of employment taxes whether federal, state or local, and compliance with any and all other laws regulating employment. 11. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of any',successors to or assigns of the parties. CONSULTANT shall not assign, sublet or transfer this Agreement, or any part hereef, without written consent of the CLIENT, nor shall CONSULTANT assign any monies due to become due to it under without the previous written consent of the CLIENT. 12. Modification. This Agreement may be amended at any time by the written agreement of CONSULTANT and the CLIENT. The period of this contract may be extended by mutual agreement. 13. Signatyre Authority. The individual executing this Agreement on behalf of CONSULTANT warrants that hefshe is authorized to execute the Agreement on behalf of CONSULTANT and that CONSULTANT will be bound by the terms and conditions herein. • The individual'executing this Agreement on behalf of the CLIENT warrants that he!she is authorized to execute the Agreement on behalf of the CLIENT and that the CLIENT will be bound by the terms and conditions herein. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this day and year first above mentioned. TECHNI SERVICE COMPANY CITY OF ATASCADERO POLICE DEPARTMENT_ CONSULTANT FIRM NAME CLIENT COMPANY NAME By: By: _ Name Name Title Title +ATAS11WR00997.doc Technoiogy Consultant Agteement September, 1997 Page 3 1000115 ITEM NUMBER: A - 12 DATE: 10/28/97 E 1918 1979 City Manager's Agenda Report Wade G. McKinney General Plan Conformance - Proposed Lease of Property at 6925 Atascadero Avenue RECOMMENDAfTION: Council find the Country's continued leasing of the property located at 6925 Atascadero Avenue to be in conformance with the General Plan. DISCUSSION: On November 7, 1995,the County purchased the subject property for the purposes of future expansion of the Atascadero Library. At that time,the County granted a two-year lease to the previous property owner(existing Atascadero Hearing Aid Center) in lieu of relocation expenses. The funds are not yet available to begin the library expansion project, so the County desires to continue leasing the property on a month-to-month basis and agrees the use of the property must remain in conformance with City Zoning requirements. The Planning Commission held a Public Hearing on September 16, 1997 and voted unanimously to recommend a finding of General Plan conformity. FISCAL IMPACT: The proposed lease would have negligible fiscal impact on the City,but it would help facilitate the library expansion project. ALTERNATIVES: The Council could fail to make a finding of General Plan conformity. However,the Planning Commission found though their deliberations that the proposed lease is in conformance with the General Plan. PREPARED BY: Community Development Department Steven L. DeCamp, Acting Director ATTACHMENTS: Attachment A-- September 16, 1997 Staff Report Attachment B -- September 16, 1997 Planning Commission Minutes ')010 ;,16 1 ATTACHMENT A CITY OF ATASCADERO STAFFMBER REPORT 1997 STAFF REPORT FOR: Planning Commission Meeting Date: September 16, 1997 BY: � Kelly Heffernon, Assistant Planner File No: GPCR 97-2 SUBJECT: Consideratipn as to whether the County' s intention to lease certain real property located within the City of Atascadero is in conformance with the City's General Plan. RE CObVENDATION The Planning Commission should find the intention to lease the subject real property to be in conformance with the General Plan. SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . .San Luis Obispo County Dept. of General Services 2 . Project Address . . . . . . . . . . . . . 6925 Atascadero Ave. 3 . Site Area. . . . . . . . .. . . . . . . . . . . .Approximately 6, 000 square feet 4 . Existing Use. . . . . . . . . . . . . . . . .Improved with one structure 5. Proposed Use. . . . . . . . . . . . . . .None at this time 6. General Plan Designation. . . . .L (Library) 7. Zoning. . . . . . . . . . . . . . . . . . . . . . .Public BACKGROUND: This matter has come before the Planning Commission pursuant to Section 65402 Wand(b) of the California Government Code which reads, in pertinent part, as follows: (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication of otherwise for street, square, park or other purpose, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, ti until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. (b) A county shall not acquire real property for any of the purposes specified in paragraph (a) , nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof is applicable thereto. . . until the location, purpose and extent of such acquisition. . . [has] been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted gener41 plan or part thereof. On November 7, 1995, the County purchased this property for future expansion of the Atascadero Library. At that time the County granted 1 two year lease to the previous property owner in lieu of relocation expenses . This lease is due to expire November 7, 1997, and the County is interested in leasing the facility, to the highest qualified bidder with a use compatible with the City zoning ordinance, on a month to month basis until the property is ',needed for the library expansion project. ANALYSIS• Although "leasing" does not technically apply to the above referenced California Government Code, the County Department of General Services has requested that the City consider this item for the purposeof continuing the lease until the expansion of the Atascadero Library is feasible. The Land Use klement of the General Plan contains only a single reference to the County Library. Page II-27 contains the following language: "The County library originally operated out of the Administration Building. The new County Branch Library is located at ! the northwest corner of Highway 41 and Atascadero Avenue. The site should be expanded to provide for library expansion and off-street parking." Based on this one reference, the County' s -request to lease this property until future expansion of the Atascadero Library, is clearly in conformance with the City' s General Plan. r FINDING: Leasing of the property referenced above appears to be in • conformance with the policies of the Land Use Element of the General Plan. ATTACHMENTS Attachment A - Assessor' s Parcel Map Attachment B - Location Map (General Plan) Attachment C - Location Map (zoning) 1)000-19 CITYCT'TY,,, OF AI CCADERO ATTACHMENT A , ri1tiJ l� ASSESSOR ' S PARCEL MAP -05C,DCOMMUNITY DEVELOPMENT DEPARTMENT GPCR 97-2 30 -28 /00` TM MAP 13 PREPARED FOR ` ' ASSESSMENT PURPOSES OM.Y O,QRO p ar ivy �i 4• �$ -4VF 282 z4 n9 a 34 O N ti 3 32 41e 15 r286 , Z { 4�T Sic .z8•a� �i�2� '�'tQ � � �6 �G � i,•rssrr. s �Z•c� �y r✓ � �� P�y• �o `, c y elf Dp Bim, Zav' v 3 "�3,g► ',, �YQ s 2 v Q t Nq Vqt/04 a '''' �" .� 31 37� J AVE CITY OF ATASCADERO Assessors Map 8k.30 Pg.28 4, Pg.30 County of San Luis Obispo, Cali s 1111111' UNu �� ,,, WIN s � • ., M OF•' � �Z t7�y�j�L r. ' Flaw • � ►�► Rio -'S � I , �//■/.� ��,?i� :Ii11E�9'�u'�;;i��. `'�.I Via. � � � �� ` tV psi ��.. � �� .. � �► 1 4 J♦ r Planning Commission Minutes - September 16, 19 ATTACHMENT B Page Fourteen of Sixteen SEPTEMBER 1997 g PLANNING COMMISSION MINUTES The proposed project or use will be inconsistent witfi • the character of the immediate neighborhood or con- ary to its orderly development. " Motion: llace Second: Saer Discussion: Commissioner Johnson - said stil ad to voice his opposition to a finding that it is incons nt; inconsistent in what manner? They' re not changin nything there. The whole outside is going to be the same. ing more people inside doesn' t make it inconsistent. He th- s it is ver it sided and little" of this Commission t even think that is justifiable position to take. . AYES: Wallace, Sauter, Zimmerman, Arraambide, Hageman N Johnson - \ ABSENT: Clark MOTION PASSED: 5:1 B. 3 . GENERAL PLAN CONFORMITY REPORT 97-2 : Consideration as to whether the County' s intention to lease certain real property located within the City of ' Atascadero is in conformance with the City' s General Plan. Subject site is located at 6925 Atascadero Avenue. STAFF RECOMMENDATION: (Kelly Heffernon) Staff recommends: The Planning Commission should find the intention to lease the subject real property to be in conformance with the General Plan. Kelly Heffernon provided the staff report and offered to answer any questions from the Planning Commission. . . . .At. this point, Commissioner Johnson stepped down. . . . Commissioner Sauter - inquired as to the present use of the building. Kelly responded that currently it is a Hearing Aid facility. TESTIMONY: None Planning Commission Minutes - September 16, 1997 Page .Fifteen of ',Sixteen ACTION: Finds that the County' s intention to lease the subject real property to be in. conformance with the General Plan. Motion: Sauter Second: Wallace Discussion: Commissioner Arrambide - asked whether there would' be assurances that the lease would be in conformity with the zoning. Doug explained that whoever the County leased the property to would indeed need to he an allowed use. AYES: . Sauter, Wallace, Arrambide, Zimmerman, Hageman NOES: Mone ABSENT: Clark MOTION PASSED: 5:0 900054 ITEM NUMBER: A - 13 DATE: 10/28/97 Isis ■ 19 9 CADS City Manager s Agenda Report Wade G. McKiney General Plan Conformance - Proppsed Sale of Property at 4995 Mananita Avenue RECOMMENDAt, ION: Council find the City's disposal of the subject Park Reservation parcel located at 4995 Mananita Avenue to be in conformance with the General Plan. DISCUSSION: • The owner of real property located at 4995 Dolores Avenue has approached the City with an interest in acquiring alsmall Park Reservation parcel located contiguous to his property at the intersection of Dolores and Mananita Avenues. The purchase would allow the property owner to, following a lot line adjustment, create another building site. Both of those lots would comply with minimum lot siz�requirements and in fact would be the largest lots in the immediate neighborhood. The possible sale of the property was considered at public hearings held before the Parks and Recreation Commission and Planning Commission. In both cases, the vote was unanimous to recommend the Council make the finding of General Plan conformity and approve the transaction. FISCAL IMPACT: The fiscal impact of this particular land disposal is probably negligible. If the transaction goes through,the property would be on the tax roles and could be developed, following a lot line adjustment, for single)family residential use. This would increase revenues, at least in the short- term, and the City would no longer be liable for maintaining the property. Considering there are numerous other Park Reservation parcels owned by the City which may be larger or otherwise more valuable, a prec0dent should be set to ensure fair market value is received where such transactions occur. The cumulative fiscal impact of such a precedent, or not establishing such a precedent,may be considerable. � r 0010 55 ITEM NUMBER: A - 13 DATE: 10/28/97 ALTERNATIVES: The Council could fail to make a finding of General Plan conformity. However,the Planning Commission found through their deliberations that the subject real property transaction is in conformance with the General Plan. PREPARED BY: Community Development Department Steven L. DeCamp,Acting Director ATTACHMENTS: Attachment A-- September 16, 1997 Planning Commission Staff Report Attachment B -- September 16, 1997 Planning Commission Minutes i •9 1)00 356 ATTACHMENT A SEPTEMBER 16, 1997 PLANNING COMMISSION STAFF REPORT . CITY OF ATASCADEAO Item: B ,3 STAFF REPORT FOR: Planning Qommission Meeting Date: October 7, 1997 BY:.� Doug Davidson, Senior Planner File No: GPCR 97-3 SUBJECT: Consideration as ', to whether the City' s intention to dispose of certain real property is in conformance with the City' s General Plan. RECOMMENDATION The Planning Commission should find that the intention to dispose of the subject property is in conformance with the General Plan. SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . .City of Atascadero . 2 . Project ' Address. . . . . . . . . . . . . 4995 Mananita Ave. 3. Site Area. . . . . . . . . . . . . . . . . .Unknown 4 . Existing Use. . . . . . . . . . . . . . . . .Vacant 5. Proposed Use. . . . . . . . . . . . . . . . .None at this time 6. General Plan Designation. . . . .Mod. Dens. Single Family 7 . Zoning. '. . . . . . . . . . . . . . . . . . . . . .RSF-Y 8 . Environmental Determination—Cat. Exempt BACKGROUND: This matter has Come before the Planning Commission pursuant to Section 65402 (a) and(b) of the California Government Code which reads, in pertinent part, as follows: (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication of otherwise for street, square, park or other purpose, and n6 real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shallbe constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such i acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. -(b) A county shall not acquire real property for any of the purposes specified in paragraph (a) , nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof is applicable thereto. . . until the location, purpose and extent of such acquisition.. . [has] been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. The adjacent property owner at 4995 Dolores wishes to acquire the Park Reservation on the corner of Mananita and Dolores. The intent is to combine this small piece of property with his land and possibly create another residential building site. As Attachment B shows, the entire area is comprised of nonconforming lots - 6, 000-7, 000 square feet lots in an area zoned for one-half • acre parcels . Two residential parcels on the corner of Mananita, Dolores, and San Jacinto - approximately one-half acre each - would provide one new building site. These two parcels would still be substantially larger than any other parcel in the vicinity. ANALYSIS: The Land Use, Open Space, and Conservation Element and the Parks and Recreation Element of the General Plan contain numerous policies on acquisition and development of park land and recreational facilities. Generally speaking, the City policies do not encourage selling of land designated for parks. In the case of these Park Reservations, however, many of them, including the subject parcel, are too small or otherwise unsuited as future micro parks . As Attachments C and D show, the Parks and • Recreation Commission agreed with determination. Similar actions will be proposed for other Park Reservations, possibly the disposal of several Park Reservations under one General Plan Conformity report. FINDING: Disposing of theproperty referenced above is in conformance with the policies of the Land Use Element and Parks and Recreation Element of the General Plan. ATTACHMENTS: ,Attachment A - Location Map (Land Use Map) Attachment 8 - Location Map (Assessor' s Parcel Map) Attachment C - Parks and Rec Commission Report (1/16/97) Attachment D - Minutes of 1/16/97 meeting 10005'9 Mtn?I: Mfg"' f � IpPb Op 0OIL ago a � � � !' W VA Vill was Sac. tits �`�� ..moi► w UJL' 124 •��1�/1 IN ATTACHMENT B CITY OF ATAASCADERO LOCATION (A. P.N. ) MAP tou•'��IQ teae-7 * � _CnNMUNITY DEVELOPMENT GPCR 97-3 DEPARTMENT Q ,o' .o° S��NC6NS£ CO OS a i o c a h ` tL C1. U N C '� a v 0 oo a •i � Q ,(EtAOQ J sP ' ,Opt y • � � Via. f� :F O '1 F- „ O J• w� �, m w A n ^ J C U m �� Il ,� 4 © ? wa• Q p 7• M/ ,,••O I11 � N 9-1LR 11F1 n O pPp ti l 1 t a5`J q i 7 yyA� w O N tN \i rn 3: �p e Ro v J } e © X x z 0 Lo .a n•T,+ P '•i OM1 O ® ' N � \ •..��5 G O � w �� YZ moi•• , V FQ .1 v, h t t N 0 O[L CR n N \ ['s t'1Q — c 1f1 Cm r O S> O CL `)0£30G ATTACHMENT C GPCR 97-3 REPORT TO PARKS AND RECREATION COMMISSION: ITEM: 7B DATE: 1/16/97 FROM: GEOFF ENGLISH, RECREATION SUPERVISOR THROUGH: BRADY CHERRY, DIRECTOR OF COMMUNITY SERVICES SUBJECT: CITY OWNED MINI-PARK PARCELS RECOMMENDATION PROVIDE DIRECTION TO STAFF FOR POLICY DEVELOPMENT REGARDING THE SALE OF CITY OWNED MINI-PARK PARCELS DISCUSSION The City of Atascadero owns several small vacant parcels designated for future mini- park development. These parcels are located throughout the City and are generally triangular lots adjacent to existing residential lots. Recently, a resident of Atascadero has made an inquiry regarding the purchase of a • lot located at 4995 Mananita. The City parcel is located next to a lot owned by the resident. Our Department is seeking direction from the Parks and Recreation Commission and the City Council regarding the potential sale of this and other parcels. The Parks and Recreation Element of the General Plan, which was revised in March of 1991, calls for the City to provide an adequate supply of City park facilities, including Mini-parks in each quadrant of the City. Using park and open space standards recommended by the National Recreation and Park Association (NRPA), the theoretical need for Mini-parks in Atascadero was established at 16 acres. Mini-park is defined as a open space of less than .5 acres, located in a residential area. Currently, none of the several City owned Mini-park parcels have been developed for public use. The City owned Mini-park parcels will be indicated on a map that will be mailed to you seperately prior to the Parks and Recreation Commission meeting. These City-owned parcels were designated as future Mini-parks when the Atascadero Colony was originally designed by E. G. Lewis. The County of San Luis Obispo deeded these parcels to the City as part of the City's incorporation in 1979. The 16 acres of Mini-parks called for in the Parks and Recreation Element was based on an estimated population in the year 2003 of 32,800. This figure is a National standard that may or may not apply to Atascadero. The residents of Atascadero may not utilize mini-parks as often as residents of more urban cities because of our larger . residential lots sizes. In addition, the cost to develop and maintain the Mini-park facilities may prohibit the City from making improvements to these sites for many years to come. Please consider and provide direction to staff regarding the future of these Mini-park dcels. A few of the options that the Parks and Recreation Commission may take ude: 1. Recommend to the City Council to retain all of the City-owned Mini-park parcels for future development as Mini-parks or left as open space. 2. Recommend to the City Council the retention of some of the City-owned Mini- park parcels for future development as Mini-parks and the sale of others as determined by a study of the needs in each individual quadrant of the City. 3. Recommend to the City Council the sale of all of the City-owned Mini-park parcels and revise the Parks and Recreation Element to reflect the elimination of Mini-parks. FINANCIAL IMPACT The development of Mini-parks in Atascadero as recommended in the Parks and Recreation Element will not occur in the foreseeable future. All of the Park impact fees being collected are being used to pay off the C. O. P. bonds for the Atascadero Lake Pavilion. This obligation will remain until the year 2007. Any capitol funds available through the General fund will be used for badly needed improvements and renovations to our current facilities. The cost to maintain these parcels as open space would be minimal. impfunds received from the sale of the parcels would be funneled back into capitol rovement projects at our current facilities. No appraisals have been done on the parcels to determine a market value. • 100063 ATTACHMENT D CITY OF ATAS CADERO G P C R 97-3 PARKS_ AND RECREATION COMMISSION MINUTES . JANUARY 16, 1997 ITEM 1 - CALL TO ORDER: Meeting was called to order at 7:05 p.m. by Chairman Beatie. ITEM 2-ROLL CALL/FLAG SALUTE: Chairperson Beatie -Present Commissioner Smart-Present Commissioner Butz-Present Commissioner Davis -Present Commissioner Peters -Present Commissioner Hood -Present Commissioner Dahlen -Present Student Representative Grace Kim - absent STAFF PRESENT: GeoffEnglish Sheree Schluter Georgia Ramirez Flag salute was lead by Commissioner Smart. ITEM 3 - PUBLIC COMMENT: A None ITEM 4 -MINUTES Minutes of November 21, 1996 were approved with the following changes: First paragraph of item 4 should read "Commissioner Davis's absence to be an excused tardy". Paragraph seven of item 6 should read "an application has been filed with the County to help with the per month lease expense." Item 4A, second paragraph of page four should.read: "moved by Commissioner Peters to approve staffs original recommendation for posting areas. .Seconded by Commissioner Davis. (He then withdrew his second so motion died). Third paragraph of page four should read Commissioner Butz moved to amend the proposal by staff to extend the North side of the second entrance at Von's shopping center. S Fourth paragraph of page four should read: Motion by Commissioner Hood. Final motion to extend to Hwy. 41 ' 000 . AWTEM 5 - PRESENTATION - SPOTLIGHT MINISTRIES Chairman Beatie.made the presentation to the Spotlight Ministries representatives, De Linda Madero and Sue Guerero for their outstanding program. They had an attendance of 112 last Friday(January 10, 1997). ITEM 6- OLD BUSINESS A. ENDORSEMENT OF SKATEBOARD ORDINANCE TRAFFIC COMMITTkE Geoff English reviewed the current status of the Skateboarding Ordinances. I Subsequent uent to the receipt of!the Traffic Committee's recommendation to the Cit Council on posting No Skate/Skateboarding areas to completely ban the down town areas (Sgt. Fredericks recommendation), the Parks''and Recreation Commission recommended an alternate proposal would basically provide a "skate free" corridor to the Atascadero Junior High School and Atascadero High School and skate park on Olmeda(refer to Parks and Recreation Minutes of November 21, 1996. In December, an ad hock Skateboarding group met to discuss an alternate resolution to the conflicting recommendations to the City Council. Following much discussion, Acting City Attorney, Roy Manley, was asked to draft an ordinance that would provide an additional enforcement tool based on anti-cruising considerations rather than banning. *Geoff English further explained some of.the anticipated details of such an ordinance such as video tapes or pictures as an added means of targeting troublemakers for the intent of fines and/or confiscation of equipment. Following further discussion the Parks and Recreation Commission recommended this alternate';approach as being preferable to either outright banning and/or extensive posting as a means of controlling skateboarding/rollerblades. B. CITY/DEPARTMENT ORGANIZATIONAL CHART- INFOMATIONAL ITEM Geoff English stated that this chart was requested at a prior meeting and he.was providing it as an informational item. ITEM 7 - NEW BUSINESS A - YOUTH CENTER LEASE - VERBAL UPDATE Geoff English reported that,City Council had approved the-lease for this*year for the Spotlight Ministries. B CITY OWNED MINI-PARK PARCELS , • Geoff English, Community''Services Supervisor gave the report regarding the 9 mini-park parcels, which included the acreagel,and square footage of each of these parcels. Discussion and public comments revealed that none of these parcels met the basis size or location to be of turue use for development as parks. Commissioner Hood made a motion that the Parks and Recreation Commission recommends to the City Council the sale of these specific City owned parcels (mini- �l;�l_;�s5 parks) and revise the Parks and Recreation Element to reflect their elimination and also that the proceeds of any sale be earmarked for park acquisition or use by the Community Services Department for park reservation. Motion was seconded by Commissioner Dahlen. Passed by roll . call vote 7:0. ' Geoff English stated that if any additional parcels surface, those would be brought to the Commission at another time. If anyone approached the City to inquire about a purchase, and at that time it would need to be surplused and made available for sale. C. BICYCLE SUB-COMMITTEE Chairman Beatie reported that the committee has not met yet. He stated that SLOCOG is now assessing the needs for additional bike lane money. Itis important that we make application for SLOCOG money to extend the bike lanes on El Camino Real all the way out to the end of the City as stated in the circulation element. Ed Goshorn and Commissioners Beatie and Davis have not been able to meet but hoped to very soon. D. ZOO BREW Claudia Collier, Zoo Curator, gave the staff report and stated that she had discussed this with the Zoological Society last week and they thought it was a good idea. The name of the label will be "Red Croaker", and the Zoo would receive a portion of the sales. Commissioner Davis thought it was a great idea, but did not care for the name of theP roduct and if it were to be affiliated with the Zoo, it should be named something that would reflect Charles . Paddock Zoo somehow. Commissioner Smart said he feels that Mr. Bonnema wanted something from the City - like its endorsement. Commissioner Davis moved to approve the proposal in concept form and to seek negotiations. Was seconded by Commissioner Dahlen. Carried 7:0. ITEM 8. COMMITTEE REPORTS A. TRAILS SUB-COMMITTEE Geoff English stated that there had been no activity by this sub-committee. B. CITY/SCHOOLS COMMITTEE Commissioner Dahlan reported that the meeting is scheduled.for Friday, January 17th. "Safe Routes to Schools" was an agenda item on the meeting scheduled for January 17th. Commissioner Peters spoke regarding the After School Program that is now being run by the Atascadero School District. She said she got the impression at the San Bonita site that they did not want drop-ins, and were'only interested in children whose parents worked. ATTACHMENT B 9/ 16/97 PLANNING COMMISSION MINUTES B. 3 . GENERAL PLAN CONFORMITY REPORT 97-3 : Consideration as to whether the City' s intention to dispose of certain real property is in conformance with the City' s General Plan. Subject site is located at 4995 Mananita Avenue. STAFF RECOMMENDATION: (Doug Davidson) The Planning Commission should find that the intention to dispose of the subject property is in conformance with the General Plan. Gary Kaiser presented the staff report and responded to questions from the Planning Commission. Commissioner Zimmerman - inquired as to what would happen if this property was purchased by other than the adjacent landowner and they wanted to build on it. Gary said there was no way to avoid somebody else purchasing the property and approaching this Commis- sion with a variance application, which they would have to justify. Commissioner Clark - commented that the monies obtained from the sale of this parcel and others like it is being funneled back into the Recreation (Department and wanted to be sure they would be sold at "fair marketivalue" . Gary said it was his understanding that the fair market value would be determined. Commissioner Johnson - asked Gary if it was incumbent on the person who is purchasing property to determine whether that property is developable and what restrictions may apply? Gary thought that this may fall under the disclosure requirements . TESTIMONY• Joan O' Keefe, 91985 Old Morro Road East - asked how this request came about. Gary answered that the adjacent property owner approached that' City with this request. Joan wanted to know how other parcels like this would ,be disposed of . Gary said he didn' t know. . . . . . . . . . . end of public testimony. . . . . . . . . . ACTION: Find that the City' s intention to dispose of the subject property is in conformance with the City' s General Plan. Motion: Johnson Second: Zimmerman AYES : Johnson, Zimmerman, Wallace, Clark, Hageman NOES: None ABSENT: Sauter and Arrambide MOTION PASSED: 5:0 )000('7 ITEM NUMBER: A - 14 DATE: 10/28/97 n rias � ice i CAD City Mana er's Agenda Report Wade G. McKbiney Request from the California Federation of Women's Clubs to place an "El Camino Real" bell in front of the Chamber of Commerce office located at 6550 El Camino Real. RECOMMENDATION: Staff recomme4ds that Council approve the placing of the bell and direct staff to coordinate installation with the Women's Club and to serve as liaison with CalTrans to obtain any permits that may be required. DISCUSSION: In conjunction' with Gov. Wilson's State Sesquicentennial Celebration, the California Federation of Women's Clubs is participating in a program to place bells along historic El Camino Real. The total cost of each bell and pole is $1,000 which has been paid through a $500 donation from the Women's Clu,b and a$500 match from the Automobile Club of Southern California. Mrs. June Glass, a representative of the Porterville Women's Club, selected our city to receive the bell purchased by her chapter. The bell and pole are identical to those still seen on some sections of El Camino'Real and would have a small sign attached indicating the bell was donated by her organization. Mrs. Glass would like to place the bell on El Camino Real in front of the Chamber of Commerce office. Micki Reedy, Executive Director of the Chamber, has endorsed this suggestion. If Council approves,the Street Department would install the pole. FISCAL IMPACT: City financial contribution is estimated to be less than $50.00 consisting of staff time to obtain any necessary permits and the install the pole. �G ITEM NUMBER: A - 14 DATE; 10/28/97 ALTERNATIVES: 1. Deny the request to place a bell in the City of Atascadero Advantages: Eliminates impact on staff time. Disadvantages: Placement of an historic El Camino Real bell would be an asset to the downtown area. This alternative is not recommended as staff feels that this is a worthwhile project, and a positive addition to the downtown. 2. Approve placement of El Camino Real bell,however not in this location. Advantages: The proposed location is a high traffic area with the potential of vandalism from students on the way to and from*Atascadero High School and Lewis Avenue Jr.High. Disadvantages: For maximum impact, staff feels that the bell should be placed in the downtown area. The Chamber of Commerce office affords maximum visibility for travelers on El Camino Real as well as those visiting the Chamber office. This alternative is not recommended. While vandalism is a valid concern, the high visibility of this location may reduce the opportunity for such action. PREPARED BY: Brady Cherry,Director of Community Services 900069 ITEM NUMBER: A - 15 DATE: 10/28/97 ro–is 197-9 CADS City Mana er s Agenda Report Wade G. McKiney 1997/98 Street Striping Project RECOMMENDA'T'ION: Award the 1997/98 Street Striping Contract to Moreno Striping Service in the amount of $26,575.34. DISCUSSION: Sealed bids were opened on September 26`x'for the 1997/98 Street Striping Project. Two bids were received,the low bid submitted by Moreno Striping Service of Goshen, California. • The project consists of repainting all existing pavement striping. This contract does not include pavement stencils; crosswalks and curb painting that are maintained by the Street Department. FISCAL IMPACT": Funds are available it the 1997/98 Community Services — Streets Division Account No. 002- 30205-0661 in the amount of$32,000. ALTERNATIVES: 1. Do not award Bid No. 97-08. Advan es: Cost savings that could be used for other improvement projects. Disadvantages: Street striping in poor condition could expose the city to liability. This alternative is not recommended due to the importance of keeping the street striping',in good condition. 2. Re-Bid Street Striping Project Advantages: Potential for receiving a lower bid. Disadvantage: The striping project has already been delayed due to the Bike Lane Project.', To delay any longer would put the project at risk of further delay due to rainy weather. ')00070 ITEM NUMBER: A - 15 DATE: 10/28/97 This alternative is not recommended due to the importance of completing the painting project prior to the rainy season. PREPARED BY: Brady Cherry,Director of Community Services ATTACHMENTS: Resolution No.93-97 Bid Summary Agreement 900071 RESOLUTION NO. 93-97 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASG'ADERO, CALIFORNIA, AWARDING A CONTRACT TO MORENO STRIPING SERVICES FOR STREET STRIPING SERVICES WHEREAS, bids were solicited and sealed bids received for providing street striping services for Fiscal Year 1997/98; and WHEREAS,Moreno Striping Service of Goshen, California, was the low bid; and WHEREAS, funds are available in Account# 002-30205-0661 for this project. NOW, TE(EREFORE, the City Council of the City of Atascadero does resolve as follows: 1. The Mayor is hereby authorized to execute an Agreement with Moreno Striping Service for the 1997/98 Street Striping Project. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The City Accountant is hereby authorized to appropriate, release and expend budgeted funds upon notice of satisfactory completion of this Agreement by the Director of Community Services. On motion by Councilmember and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ')0i 072. Resolution No. 93-97 Page two ADOPTED: ATTEST: CITY OF ATASCADERO By: MARCIA M. TORGERSON RAY JOHNSON City Clerk Mayor APPROVED AS TO FORM: ROY A. HANLEY City Attorney M0073 BID SUMMARY TO: Brady Cherry, Community Services Director FROM: Marcia M'. Torgerson City Clerk BID NO.: 97-08 OPENED : 09/26/97 2:00 p.m. PROJECT: Pavement Striping (2) bids were receivedand opened today, as follows: Bidder Total Bid Moreno Striping Service P.O. Box 848 $26,575.34 Goshen, CA 93227 209-636-0151 Safety Striping Service 8330 W. Doe St. $27,743.97 Visalia, CA 93291 1000711 City of Atascadero 'Request for Bid #97-8 Pavement Striping AGREEMENT FOR SERVICES OF CONTRACTOR This agreement is made upon the date of execution as set forth below, by and between Moreno Striping Services,hereinafter referred to as "Contractor", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City" . The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1 .00 GENERAL PROVISIONS 1. 01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1 .02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor' s own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise. Contractor' s assistants or employees in the performance of those services. 1 .03 COMPENSATION: In consideration for the services to be performed by Contractor, City agrees to pay Contractor the consideration set forth in the amounts and under the terms provided in "Exhibit B", hereby incorporated herein. 17 2 .00 OBLIGATION'' OF CONTRACTOR 2.01 MINIMiUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to !devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor' s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a ',conflict with City' s business. 2 . 02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools ';and instrumentalities to perform the services under this; agreement. 2 . 03 WORKE'R'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor' s employees and agents have no right to worker' s Compensation and other employee benefits . If any worker insurance protection is desired, Contractor agrees to provide worker' s compensation and other employee benefits, where required by law, for Contractor' s employees and agents. Contractor agrees to provide worker' s compensation and other ';employee benefits, where required by law, for Contractor's employees and agents . Contractor agrees to • hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Contractor' s employees or agents. 2.04 INDEMNIFICATION: Contractor hereby agrees to, and shall, hold City, its elective and appointive boards, officers, 'agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise front Contractor' s or any of Contractor' s employees' or agents' operations under this agreement, whether such operations be by Contractor or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor; provided as follows: a. That ';the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That '>the aforesaid hold-harmless agreement by contractor shall apply to all damages and claims for damages of every ]find suffered, or alleged to have been suffered, by reason of any of the aforesaid operation of Contractor or 18 any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2 . 05 INSURANCE: Contractor shall not commence work under this contract until she/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contract, whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor, and the amounts of such insurance shall be as follows: (1) Liability Insurance: In an amount not less than $1, 000, 000 for injuries, including, but not limited to death, to any one person, and subject to the same limit for each person, in an amount not less than $500, 000 on account of any one occurrence; (2) Property Damage Insurance: In an amount of not less than $500, 000 for damage to the property of each person on account of any one occurrence. (3) Automobile Liability: Bodily injury liability coverage of $500, 000 for each person in any one accident and $1, 000, 000 for injuries sustained by two or more persons in any one accident. Property damage liability of $500, 000 for each accident. (4) Worker' s Compensation Insurance: In the amounts required by law as set forth in Section 2 . 03 above. a. Deductibles and Self-Insured Retentions: Any deductible or self-insured retention must be declared to, and approved by, the City. The City may require that either the insure reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected or appointed officials, employees, agents or volunteers; or the contractor shall procure a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses 19 100077 b. Proof of Insurance: Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (301) days' prior notice of the cancellation of any policy during the effective period of this contract. The certificate of policy of liability insurance shall name City as an additional insured with the Contractor. 3.00 OBLIGATIONS OF CITY 3. 01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor' s duties under this agreement. 4 .00 TERMINATIOIN OF AGREEMENT 4 . 01 Termination on Notice: Notwithstanding any other provisionof this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least 30 days prior written notice to the other parties to this agreement. 4 . 02 Termination on Occurrence of Stated Events: This agreementshall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale 'of the business of any party; (3) Death of any party; (4) The end of the thirty (30) days as set forth in Section 4 . 01;'. (5) End of the contract period for which Contractor' s services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 4 . 03 Termination by any Party for Default of Contract: Should any party default in the performance of this agreement 'or materially breach of any of its provisions, a nonbreachiing party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 4 . 04 Extension of Term: The City, with the agreement of Contractor, is authorized to extend the term of this Agreement ';beyond the termination date, as needed, under the same terms) and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. 20 I)CO '78 5. 00 SPECIAL PROVISIONS: 5. 01 Licensing: The Contractor shall possess a Class A General Engineering Contractor' s license or a Class 32 license at the time this contract is awarded. 5.02 Guarantees: The Contractor shall furnish two acceptable surety bonds; one for faithful performance and one for labor and materials. The faithful performance and labor/materials guarantees shall be 100 percent each, of the accepted bid. 5. 03 Prevailing Wage Rate: Pursuant to Section 1770, et.seq. of the Labor Code of the State of California, the Director of Industrial Relations of the State of California has ascertained the general prevailing rate of hourly wages and rates for legal holidays and overtime work in the locality where this work is to be performed for each craft or type of worker or mechanic needed to execute the contract which will be awarded to the successful bidder. The prevailing rates are on file in the City Clerk' s- office, Room 208, in the City Administration Building, 6500 Palma Avenue, Atascadero, California, and are available to any interested party upon request. It shall be mandatory upon the contractor to whom the contract is awarded, and upon any subcontractor under the contractor, to pay not less than the said specified rates to all laborers, workers, and mechanics employed by them in the execution of the contract. 6. 00 MISCELLANEOUS 6. 00 Remedies: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 6.01 No Waiver: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 6. 02 Assignment: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4 . 03. 21 6. 03 Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the prevailing', party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 6.04 Time ,for Performance: Except as otherwise expressly provided fbr in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 6. 05 Notices: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered ',or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: A. City of Atascadero Department of Community Services 6500 Palma Avenue Atascadero, CA 93422 B. ,Contractor: Moreno Striping Services P.O. Box 848 ,Goshen, CA 93227 6.06 Governing Law: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 22 `OOSO 6.07 Binding Effect: This agreement shall be binding on and shall insure to the benefit of the heirs, executors, administrators, successors and assignees of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 6.08 Severability: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 6. 09 Sole and Entire Agreement: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly set forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 6. 10 Time: Time is expressly declared to be of the essence of this agreement. 6. 11 Due Authority: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 6. 12 Construction: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 6.13 Amendments: Amendments to this agreement shall be in writing and shall be only with the mutual written consent of all of the parties to this agreement. 6. 14 Additional Work: any additional work authorized by the City shall be performed at the unit price stated on the bid. 23 100031 Executed on , 199 , at Atascadero, California. Attest: CITY OF ATASCADERO By: MARCIA M. TORGE SON RAY JOHNSON City Clerk Mayor Approved as to form: By: ROY A. HANLEY Contractor City Attorney (Please print or type name of Contractor) Contractor' s License Number 24 900082 City of Atascadero Request for Bid #97-8 Pavement Striping EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor shall paint approximately 337,121 linear feet pavement striping, using reflective paint to various City streets per bid specifications. (See attached Exhibit B) i 25 700083 EXHIBIT B City of Atascadero SEP 2 61997 S Request for Bid #97-8 Pavement Striping CITY OF ATASCADERO CITY CLERK'S OFFICE BID RESPONSE SHEET The undersigned agrees ,to provide safety striping using reflective paint, incorporating the use of beads as follows: Item Approximate Description Unit Total Quantity Price Price 1 4 41, 559 ft. 411 Edge Line [�,(,a.3(, 2 81, 854 ft. 4" Broken Line . 03 g�M.99 3 320 ft. 4" Single Solid ,Q /.x.80 Line 4 187, 203 : ft. 4" Double Solid ,/65 &9"6 3.7 Line 5 17, 235ft. Continuous Left ,09-" 1637.33 Turn .Lane 6 5, 355 ft. 8" Single Solid .09 ygl . 93 7 794 ft. Transition Line .03 G3,S a (Skip-Solid) 8 2801 ft. 6" Bike Line ,07 1911 . 07 Total Bid $ 0?6 *PAINT BRAND NAME: (Rapid Dry) WOIZ74.t1 'BROEIZ BEADS BRAND NAME: ?o A?_f S (Shall meet State specifications) To the CITY PURCHASING AGENT: In compliance with the above invitation for bid, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 60 days from the 'date of the opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered at the point as specified and, unless otherwise specified within fifteen days after receipt of order. Discount of L% will be allowed for payment within 30 days . from completion of work. Date: aa /9 7 Itlopze.vo S�Ipiy_crrr)) ea/rce Con a for Signature Title 10 900084 City of Atascadero Request for Bid #97-8 Pavement Striping EXHIBIT C The agreed upon bid amount will be paid subject to the completion of services requested, inspection, and acceptance by the City Representative, within 30 days from the date of completion. No progress payments will be made. • 26 900085 ITEM NUMBER: A - 16 DATE: 10/28/97 1918 197 i CADS City Mana ' er's Agenda Report Wade G. McKitiney Installation of Stop Sign—Palomar Avenue RECOMMENDA'T'ION: Adopt Resolution No. I94-97 designating a stop intersection on Palomar Avenue approximately 620' south of Valle Avenue. DISCUSSION: The visibility at this location is obstructed due to topography and vegetation. By requiring motorists to stop at.this location, the Traffic Committee feels that the safety of this intersection will be improved. FISCAL IMPACT, The cost of the purchase and installation of the Stop Sign is approximately $100.00. Funds are available in the current budget for this expenditure. ALTERNATIVES: Council can choose noti to approve the installation of this sign. Advantages: Cost savings,uninterrupted traffic flow. Disadvantages: intersection will remain uncontrolled;potential liability for future accidents as city has been notified of a possible hazardous condition. This alternative is not recommended. A Stop Sign is a relatively low cost improvement, which couldprotect'the city from costly future liability. PREPARED BY: Steve DeCamp, Chairman,Atascadero Traffic Committee ATTACHMENTSZ Resolution No. 94-97 `)00086 RESOLUTION NO.94-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON PALOMAR AVENUE APPRO,NMWATELY 620' SOUTH OF VALLE AVENUE SEAS, Section 42.801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WIMREAS, the Atascadero Traffic committee has recommended that Establishing a STOP intersection at the location described on attached Exhibit "A' will improve a hazardous traffic condition. NOW,THEREFORE,BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above. On motion by Councilmember , and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO BY MARCIA M. TORGERSON RAY JOHNSON City Clerk Mayor APPROVED AS TO FORM: ROY A HANLEY City Attorney ' 0008'7 EXHIBIT A �R Proposed Stop Sign Location 0 a ')00088 ITEM NUMBER: A-17 \ DATE: 10/28/97 .T NA", . 8.01. CSD , City Manages Agenda Report Wade G. McKinn4ey Resolution Adopting Full-time, Part-time Employee Salary Schedules and Departmental Staffing Allocations for Fiscal Year 1997-98 RECOMMENDATION: Staff recommends that Council adopt Resolution#97-97 approving salary ranges for full-time and part-time employees forlfiscal year 1997-98. DISCUSSION: Annually the City Council has adopted a resolution authorizing personnel positions and approving the associated salary ranges. The attached Resolution sets forth the positions and salary ranges for 1997-98 as approved in the annual budget. Two positions have been reallocated from Recreation Supervisor and Staff Assistant to Superintendent of Parks';and Recreation and Wastewater Technician. These classifications did not result in additional staff. The only change to the salary schedule is for Part-time/Extended Term/Seasonal Positions, where the current "A" step is below the new minimum wage. The minimum wage is scheduled to go up again March 1, 1998. That increase will affect more classifications necessitating a mid-year change. Staff is studying the effect of the March change and will present a report to the Council in January 1998. FISCAL IMPACT; There is no fiscal impact by adopting these schedules. All personnel funding was adopted in the 1997-98 Fiscal Year Budget. PREPARED BY: Wade G. McKinney City Manager ATTACHMENTS:f Resolution#97-97 Exhibit A Exhibit B Exhibit C - 000,99 RESOLUTION NO. 97-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO i. ESTABLISHING AUTHORIZED POSITIONS AND SALARY SCHEDULES FOR FY 1997-98 BE IT RESOLVED by the City Council of the City of Atascadero Section 1. That the number of authorized permanent positions and the associated salary ranges be as set forth in Exhibit A entitled"City of Atascadero Salary Schedule", made part of this resolution by reference; Section 2. That the hourly rates for temporary employees shall be as set forth in Exhibit B entitled "Salary Schedule for Part-time/Extended Term/Seasonal Positions", made a part of this resolution by reference; Section 3. That the positions funded by department shall be as set forth in Exhibit C entitled "Funded Permanent Positions for Fiscal Year 1997-98", made a part of this resolution by reference; Section 4. That the following classifications be added to the schedule attached as Exhibit A to this resolution: Superintendent of Parks and Recreation Wastewater Technician Section 6. That changes to Exhibit A or B must be by Council resolution. Section 7. That this resolution shall be effective July 1, 1997. On motion by Councilperson , seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON, City Clerk By: RAY JOHNSON, Mayor APPROVED AS TO FORM: ROY A. HANLEY, City Attorney 'i00090 CITY OF ATASCADERO SALARY SCHEDULE Exhibit A FFECTIVE 07/01/97;ADOPTED 10/28/97 Resolution 97-97 Page 1 of 2 MONTHLY RATE BAR JOB JOB FUNDED UNIT CODE DESCRIPTION POS. A STEP B STEP C STEP D STEP E STEP EX 1100 CITY MANAGER 1.00 6397.98 6717.88 7053.77 7406.46 7776.78 MG 2111 DIR OF FINANCE 0.00 4383.84 4603.03 4833.18 5074.84 5328.58 MG 2112 DIR OF COMM DEV1.00 5263.63 5526.81 5803.15 6093.31 6397.98 MG 2110 DIR OF COMM SERV 1.00 4383.84 4603.03 4833.18 5074.84 5328.58 MG 2114 FIRE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30 MG 2113 POLICE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30 MG 2115 DIR OF PUB WKS 0.00 5263.63 5526.81 5803.15 6093.31 6397.98 MM 3501 ACCOUNTANT 1.00 3010.06 3160.56 3318.59 3484.52 3658.75 MM 3160 ADMIN ANALYST/PW 0.00 2505.84 2631.13 2762.69 2900.82 3045.86 MM 3110 ASSISTANT PLANNER 1.00 2505.84 2631.13 2762.69 2900.82 3045.86 MM 3210 ASSOCIATE CIVIL ENGR 0.00 2912.51 3058.14 3211.04 3371.59 3540.17 MM 3111 ASSOCIATE PLANNER 1.00 2912.51 3058.14 3211.04 3371.59 3540.17 MM 2810 BATTALION CHIEF 0.00 3693.62 3878.30 4072.22 4275.83 4489.62 MM 2780 CHF OF WASTEWATER OPERAT 1.00 3206.35 3366.67 3535.00 3711.75 3897.34 MM 2270 CITY PLANNER 1.00 3643.73 3825.92 4017.21 4218.07 4428.98 MM 2770 PARKS SUPERVISOR 1.00 2697.11 2831.97 2973.56 3122.24 3278.35 MM 3120 PLAN CHECK ENGR 1.00 3563.55 3741.73 3928.81 4125.25 4331.52 MM 2910 POLICE LIEUTENANT 2.00 3693.62 3878.30 4072.22 4275.83 4489.62 MM 2520 RECREATION SUPV 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 0 M 3312 SR BLDG INSPECTOR 1.00 3223.54 3384.72 3553.95 3731.65 3918.23 M 2260 SR CIVIL ENGINEER 0.00 3413.84 3584.53 3763.76 3951.95 4149.54 MM 3112 SENIOR PLANNER 1.00 3199.61 3359.59 3527.57 3703.95 3889.15 MM 2760 STREET MAINT SUPV 1.00 2926.57 3072.90 3226.54 3387.87 3557.26 MM 2530 SUPERINTENDENT OF P&R 1.00 3010.06 3160.56 3318.59 3484.52 3658.75 MM 2970 SUPPORT SVCS MGR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 MM 2510 GENERAL CURATOR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 CE 3710 PERSONNEL ANALYST 1.00 2723.48 2859.65 3002.64 3152.77 3310.41 CE 4310 SECTY TO CITY MGR 1.00 2330.76 2447.30 2569.66 2698.15 2833.05 FC 2860 FIRE CAPTAIN 4.00 3189.99 3349.49 3516.96 3692.81 3877.45 FM 7511 FIRE ENGINEER 9.00 2832.58 2974.21 3122.92 3279.07 3443.02 FM 7510 FIRE FIGHTER 2.00 2575.02 2703.77 2838.96 2980.91 3129.95 GS 3310 BLDG INSP I 0.00 2282.16 2396.27 2516.08 2641.89 2773.98 GS 3311 BLDG INSP II 0.00 2535.63 2662.41 2795.53 2935.31 3082.07 GS 6510 BLDG MAINT SPECIALIST 0.00 2206.66 2316.99 2432.84 2554.48 2682.21 GS 3320 ENGINEERING TECH 1 0.00 2075.51 2179.29 2288.25 2402.66 2522.80 GS 3321 ENGINEERING TECH 11 0.00 2302.55 2417.68 2538.56 2665.49 2798.76 GS 6125 MAINT. LEADWORKER 2.00 2146.83 2254.17 2366.88 2485.22 2609.49 GS 6120 MAINT WORKER 1 4.00 1770.37 1858.89 1951.83 2049.42 2151.90 GS 6121 MAINT WORKER III 7.00 1951.75 2049.34 2151.80 2259.39 2372.36 GS 6130 EQUIPMENT OPR 0.00 2049.29 2151.75 2259.34 2372.31 2490.92 GS 3330 PLANNING TECHNICIAN 0.00 2075.51 2179.29 2288.25 2402.66 2522.80 GS 6311 WWTP OPERATORI I 2.00 2173.53 2282.21 2396.32 2516.13 2641.94 GS 6312 WWTP OPERATOR'';II 1.00 2414.94 2535.69 2662.47 2795.59 2935.37 GS 6313 WWTP OPERATOR'';III 1.00 2704.88 2840.12 2982.13 3131.24 3287.80 GS 6310 WWTP OPR-IN-TRNG 0.00 1956.28 2054.09 2156.80 2264.64 2377.87 OI U 4110 ACCOUNT CLERK 1 L 1.00 1697.83 1782.72 1871.86 1965.45 2063.72 U 4111 ACCOUNT CLERK II 2.00 1871.76 1965.35 2063.62 2166.80 2275.14 mo+C9l Exhibit A Resolution 97-97 Page 2 of 2 CU 4311 ADMIN SECRETARY 3.00 1965.61 2063.89 2167.09 2275.44 2389.21 CU 4710 BUILDING TECHNICIAN 1.00 2059.31 2162.28 2270.39 2383.91 2503.10 CU 4113 FINANCE TECHNICIAN 0.00 2059.31 2162.28 2270.39 2383.91 2503.10 CU 4115 WASTEWATER TECHNICIAN 1.00 2059.31 2162.28 2270.39 2383.91 2503.10 CU 4312 SECTY TO CITY COUNCIL 1.00 2113.03 2218.68 2329.62 2446.10 2568.40 CU 4711 STAFF ASSISTANT 0.00 2113.03 2218.68 2329.62 2446.10 2568.40 CU 4510 OFFICE ASST 1 2.35 1540.07 1617.07 1697.93 1782.82 1871.96 CU 4511 OFFICE ASS'T II 0.00 1697.83 1782.72 1871.86 1965.45 2063.72 CU 4512 OFFICE ASS'T III 0.00 1871.76 1965.35 2063.62 2166.80 2275.14 CU 4310 SECRETARY 0.00 1769.15 1857.61 1950.49 2048.01 2150.41 AS 2960 POLICE SERGEANT 5.00 3236.84 3398.68 3568.62 3747.05 3934.40 PD 7111 POLICE OFFICER 21.00 2691.20 2825.76 2967.05 3115.40 3271.17 SA 7312 SUPPORT SVCS LEAD TECH 1.00 2393.71 2513.40 2639.07 2771.02 2909.57 SA 7311 SUPPORT SVCS TECH 7.00 2193.60 2303.28 2418.44 2539.37 2666.33 TOTAL FUNDED 100.35 s 1)00092 CITY OF ATASCADERO SALARY SCHEDULE FOR EXHIBIT B PART-TIME, EXTENDED TERM, SEASONAL POSITIONS RESOLUTION 97-97 EFFECTIVE 07/01/97;ADOPTED 10/28/97 PAGE 1 OF 1 HOURLY RATE CLASS CODE POSITION A B C D E 8370 Student Intern 1 6.00 6.30 6.62 6.95 7.29 8371 Student Intern II 8.00 8.40 8.82 9.26 9.72 8372 Student Intern III 10.00 10.50 11.03 11.58 12.16 8410 Cashier 5.15 5.25 5.51 5.79 6.08 8450 Office Aide 5.50 5.78 6.06 6.37 6.69 8451 Temp Office Worker 7.98 8.38 8.80 9.24 9.70 8455 Temp Clerical Asst 10.29 10.80 11.34 11.91 12.51 8520 Recreation Leader 1 5.15 5.25 5.51 5.79 6.08 8521 Recreation Leader':ll 5.50 5.78 6.07 6.37 6.69 8522 Child Care Aide 5.50 5.78 6.06 6.37 6.69 8526 Scorekeeper 5.65 5.93 6.23 6.54 6.87 8610 Service Worker 5.50 5.78 6.06 6.37 6.69 8710 Reserve Police Officer** 15.53 8750 Reserve Fire Fighter 7.00 $8.50 (gen. alrm. 1;st hr) $12.50 (drills) 8755 Temporary Fire Fighter 9.62 10.10 10.61 11.14 11.69 9525* Lifeguard 1 6.00 6.30 6.62 6.95 7.29 9526* Lifeguard/Instructor 7.00 7.35 7.72 8.10 8.51 9527* Senior Lifeguard 7.50 7.88 8.27 8.68 9.12 9530* Site Director 6.25 6.56 6.89 7.24 7.60 9540* Program Coordinator 8.88 9.32 9.79 10.28 10.79 9545 Zoo Education Coordinator# 6.95 7.30 7.66 8.05 8.45 9550 Relief Zoo Keeper 8.16 8.57 9.00 9.45 9.92 9560 Zoo Camp Instructor 8.00 8.40 8.82 9.26 9.72 9610 Animal Health Technician 11.80 12.39 13.01 13.66 14.34 9750* Seasonal Fire Fighter 7.25 7.61 7.99 8.39 8.81 * Seasonal ** 16 hrs volunteer service/month thereafter=to"A"Step Police Officer # Reimbursed in full by Zoological Society i FUNDED PERMANENT POSITIONS Exhibit C FOR FISCAL YEAR 1997-98 Resolution 97-97 Page 1 of 1 Departments Funded Departments Funded Positions Positions ADMINISTRATION COMMUNITY SERVICES City Manager 1 Director of Community Services 1 Secretary to the City Manager 1 Superintendent of Parks/Recr. 1 Secretary to the City Council 1 Recreation Supervisor 1 Personnel Analyst 1 Administrative Secretary 1 Office Assistant 1 0.15 Office Assistant 1 0.5 Department Total 4.15 Account Clerk 1 1 Parks Supervisor 1 FINANCE DEPARTMENT Maintenance Worker II - Parks 3 Accountant 1 Street Maintenance Supervisor 1 Account Clerk II 2 Maintenance Leadworker- Streets 1 Office Assistant 1 0.6 Maintenance Worker II -Streets 2 Department Total 3.6 General Curator 1 Maintenance Leadworker-Zoo 1 POLICE DEPARTMENT 1 Maintenance Worker II -Zoo 1 Police Chief 2 Maintenance Worker I -Zoo 2.5 Lieutenant 5 Maintenance Worker II - Facilities 1 Sergeant 21 Maintenance Worker I - Facilities 1 Police Officer 1 Chief of Wastewater Operations 1 Support Services Manager 1 WWTP Operator III 1 Support Services Lead Technician 7 WWTP Operator II 1 Support Services Technician 38 WWTP Operator 1 2 Department Total Maintence Worker 1 0.5 Wastewater Technician 1 FIRE DEPARTMENT Office Assistant 1 0.5 Fire Chief 1 Department Total Y8 Fire Captain 4 Fire Engineer g Fire Fighter 2 TOTAL FUNDED POSITIONS 100.35 Administrative Secretary 1 Department Total 17 COMMUNITY DEVELOPMENT Director of Community Development 1 City Planner 1 Senior Planner 1 Associate Planner 1 Assistant Planner 1 Plan Check Engineer 1 Senior Building Inspector 1 Building Technician 1 Administrative Secretary 1 Office Assistant 1 0.6 Department Total 9.6 ITEM NUMBER: B - 1 DATE: 10/28/97 iris to s City Mana$!er s Agenda Report Wade G. McKinney Appeal of Planning Commission Denial of Conditional Use Permit #97012 Regarding a Residential Care Facility at 7105 San Gabriel Road. RECOMMENDA'T'ION: The Planning Commission recommends: Council adopt Resolution No. 98-97, denying Conditional Use Permit#97012 for the expansion of a residential care facility from six (6)to fifteen(15)residents. DISCUSSION: The Planning Commission held a Public Hearing regarding the Conditional Use Permit at its regular meeting of September 16, 1997. Following the public testimony,the Commission made findings that the proposied expansion would not be in character with the neighborhood and its orderly development. 'the Commission found that the potential increase in traffic and commercial nature of the operation would adversely affect the neighborhood. The Commission denied the request for Conditional Use Permit and the applicant has appealed the decision. The Staff Report prepared for the Planning Commission is attached foe Council information. Background:und: The subjgct site is approximately four(4) acres with a large, two-story residence presently occupied by the applicant, his wife and their five (5) children. In addition,the residence is currently boing used as a residential care facility for six (6)persons over the age of sixty-two (62). The applicant now wishes to relocate his family of seven(7) and serve a total of fifteen(15) persons over the age of Isixty-two (62). The proposal would involve no additions or substantial modifications to the exusting residence,however the upper floor would have to be made accessible to the handicopped if indeed the facility will accommodate more than ten(10) residents. i 900095 ITEM NUMBER: B - 1 DATE: 10/28/97 Analysis: The Residential Suburban(RS) zoning of the site allows residential care facilities"by right"where the number of residents is six(6)or fewer. Residential care facilities with more than six(6)residents are also allowable but require conditional use permit approval. The Zoning Ordinance contains generic standards for residential care facilities. The standards are minimal and merely require that the site be at least 6,000 square feet,that outdoor play areas for children be fenced and that one (1)parking space for every four(4)beds be provided. In this case,the site is clearly of ample size and there is no need for fencing or additional parking,as no outdoor play areas/children are proposed and adequate parking already exists. In staff s opinion,the amount of traffic,noise and commotion in general would either be unaffected or reduced by the proposal. As stated,the applicant's family consists of seven(7) members. Both adults drive and so too do two (2) of the applicant's five(5) children. Since none of the care facility residents will drive,the number of regular drivers will be reduced from four(4)to zero (0). According to the applicant, residents of the care facility each receive only one or two visitors per week. Conclusion: Staff recommended approval of the Conditional Use Permit providing for the expansion. After hearing the public testimony and conducting its deliberations,the Planning Commission disagreed with Staff s recommendation and denied the Permit. This is a"de novo" hearing, meaning this is a new hearing wherein the City Council must review the information, conduct its own Public Hearing, deliberate and render a decision based upon its own findings. FISCAL IMPACT: The fiscal impact of the project is negligible. There would potentially be a slight revenue increase as a result of the expansion(business license), but it may be offset by a reduction in the total number of residential care facilities. There may also be a slight decrease in cost for Fire Department inspections if the total number of residential care facilities decreases. ALTERNATIVES: Approve the Conditional Use Permit. The City Council, following the Public Hearing, could approve the Permit and allow the expansion of the residential care facility. However,the Planning Commission found through their deliberations that the Permit should be denied. Return the Conditional Use Permit to the Planning Commission. The City Council, following the Public Hearing, could send the Permit back to the Planning Commission. In this case,the Council should provide specific direction to the Commission, such as: investigate project alternatives or conditions of approval which would mitigate the concerns posed by the expansion. Based upon the actions by the Commission,there may be no potential modifications that would appropriately mitigate the impacts of the project. Permit. The Ci Council following the Public Amend and approve the Conditional Use City g Hearing, could add any necessary conditions of approval or otherwise modify the approval to mitigate concerns posed by the expansion. The Council could then approve the modified Permit. `)00098 ITEM NUMBER: B - 1 DATE: 10/28/97 Based upon the actions by the Commission,there may be no potential modifications that would appropriately mitigate the impacts of the project. PREPARED BY: Community Development Department Steven L. DeCamp,Acting Director ATTACHMENTS: Attachment `A' Letter of Appeal Attachment `B' September 16, 1997 Staff Report Attachment `C' September 16, 1997 Planning Commission Minutes Attachment `D' Resolution Denying CUP#97012 Attachment `B' Resolution Approving CUP #97012 ')00()97 ATTACHMENT A OF FREDERICK J. WOOD CUPTER#97012APPEAL ATTORNEY AT LAW 5950 Entrada Avenue Atascadero, CA 93422 (805)466-7404 Hand Delivered September 30, 1997 Atascadero City Council c/o Atascadero City Clerk. 6500 Palma Avenue, Room 207 Atascadero, CA 93422 Re: Appeal from Action of Planning Commission Dear City Council: I represent Kim and Melody Kunz, in their efforts to care for the elderly. Please consider this' letter as an appeal of the Atascadero City Planning Commission decision to deny my clients a conditional use permit to expand their existing Residential Care Facility from 6 to 15 residents . Enclosed is the filing fee. Background S For some time now, the Kunz 's have provided residential care at their residence. Six persons over the age of 62 make their home there. The Kunz 's home provides an alternative family structure offering aid, encouragement and companionship. The facility coincides with traditional objectives and' values associated with single-family residential neighborhoods. The present home renders the perfect environment for the elderly. It is a large two-story residence (nearly 5,000 .square feet) on approximately four acres. It is beautifully landscaped. Kim and Melody, with their five children, presently live at the home. They have discovered that it is impossible to provide a normal family environment for their children while caring for the elderly under the same roof. For this reason, they feel it is necessary to either move their family to a separate residence or terminate their care facility. Their intent is to continue their elderly care, and to relocate the family. My clients ' plan can only be successful 'if they are permitted to increase the number of residents allowed at their home. The revenue generated from six residents is not sufficient to cover the expense of the facility with the added cost of a separate home. 100098 • Favorable Staff Report As the result:of my clientsapplication for conditional, use permit, the Associate City Planner prepared a Staff Report. It was favorable in every respect. The property complies with the standards for residential care facilities contained in the zoning ordinances. The site provides ample parking. The driveway is adequate with respect to fire access . The proposed change will actually decrease traffic and noise. In its conclusion, the Staff Report reads as follows: "Every community includes certain classes of people that need assistance. Whether its young children, battered women, the elderly, the disabled or troubled youth, the community must provide for the placement of facilities whereby they can receive the care they need. Atascadero recognizes the need for such facilities and provides for their placement in any residential zone. The location of the proposed care facility is zoned residential and would seem appropriate for the use. The facility would comply with applicable Building and Zoning codes and would not have a significant affect on the environment. " (Staff Report, p. 4) Planning Commission Decision The matter came to hearing on September 16, 1997 . Present at the meeting were several neighbors who objected to approval of the use permit. . These neighbors indicated that they had no complaint with regard to the present care facility. In fact, many expressed praise for the manner in which the home was operated. Yet without evidence, and in opposition to the Staff Report, these neighbors expressed fear that adding the number of elderly residing in the home would turn the neighborhood into a business district, increase traffic, increase noise, and cause a waste disposal problem. The fears of ''these neighbors is not justified. An employee of the care facility responded to these concerns by explaining that most of the present traffic, noise and waste comes from Kim, Melody and the five children presently living there. 2 900099 By way of example, there are four drivers in the Kunz family. • Kim is an estate and tax planning specialist and is constantly driving to and from appointments. The .two oldest children are in high school and drive each day to school, sports activities, choir, etc. The younger boys are active in athletics and scouting. They all are busy with church activities. The Kunzs are constantly coming and going. Their plan to relocate the family and to replace their living quarters with elderly residents would create less traffic, less noise and less garbage for disposal. Despite all of the above, five (5) members of the Planning Commission denied the conditional use permit. They stated that the basis for their decision was that the project would not be consistent with the character of the immediate neighborhood. The Planning Commission's decision is improper. If upheld, it would result in the closing of the present facility. The decision is unsupported by the facts, and is incorrect as a matter of law. Grounds For Appeal Again, the denial of this Conditional Use Permit was based on a finding that the replacement of the Kunz family with elderly residents would not be consistent with the character of the immediate neighborhood. This decision is incorrect as a matter' of law. By definition, the use of the property as a Residential Care . Facility is the same type of use as the entire neighborhood enjoys, i.e. , a single family residence. The character of the use is the same. A Residential Care Facility is not to be located in industrial or business districts . These are homes for the elderly. Real homes, in real neighborhoods . The Kunz home and the surrounding neighborhood is perfectly suited for providing a residence for those age 62 and older. There is no evidence that the replacement of the Kunz family with elderly occupants would adversely effect the character of the immediate neighborhood. Federal law prohibits discrimination in the implementation of land use and zoning laws. The legislative history of the Fair Housing Amendments Act of 1988 ( "FHAA" ) " evinces a clear congressional intent to address all forms of land use practices which have the effect of limiting the ability of persons with disabilities to live in the residence of their choice in the community. House Report, 1988 U.S. Code Cong. & Admin. News, at 2185; H.R. Rep. No. 711, 100th Cong, at 24 . To prove discriminatory intent under the FHAA, a property owner need only show that disability was one factor considered by the city in making a land use or zoning decision. The disability need not be the sole basis for the city's discriminatory actions . 3 Further, a -property owner need not demonstrate that the city harbors personal ;animosity, ill will, or a malicious desire to discriminate. Discrimination includes actions motivated by stereotypes, prejudice, unfounded fears, misperceptions and/or a desire to respond ,to certain neighborhood and community concerns. The Atascadero Planning Commission listened to the unfounded fears, misperceptions and attitudes of neighbors. None of the neighbors had a concern or objection to a house full of nondisabled residents . Rather, they objected to the Kunz family being replaced by the elderly. These objections are clearly motivated by prejudice, unfounded fears and misperceptions. Rather than make its decision on the objective findings of the Staff Report, the: Planning Commission (exclusive of Commissioner Robert Johnson, And absent the vote of Alfred Clark) merely responded to accommodate the neighbors .' Both circumstantial and direct evidence may be admitted to demonstrate discriminatory intent. By way of example, federal cases have found proof of discriminatory intent where testimony of neighbors of an elder-care home indicated that they were concerned that the presence'; of the home would lower property values . Casa Marie, Inc . v. Superior Court of Puerto Rico for Dist. of Arecibo, 988 F.2d 252 ( 1st Cir. 1993) . In Oxford House-Evergreen v. City of Plainfield, 769 F. Supp. 1329 (Dist N.J. 11991) , the court noted that it is irrelevant if there are other '; locations for group homes allowed by zoning ordinances . The court found that the accommodation being sought (to increase the number of residents allowed by city zoning laws) was reasonable in that it would not cause undue financial burden to the city and there had been no documented disturbances caused by the current residents during 12 months of occupation. In United States v. Commonwealth of Puerto Rico, 764 F. Supp. 220 (Dist P.R. 11991) , the federal court granted a preliminary injunction to stop enforcement of a zoning agency decision to close a nursing home for the elderly and disabled residents for nonconformity with zoning requirements (inadequate number of parking spaces) . The court found a substantial likelihood that the order violated FHAA's reasonable accommodation provisions because the home had no greater need for parking than a private. residence. ' It may be noted that the attitude of the immediate neighbors is not shared with the citizens of Atascadero. Since the date of the Planning Commission hearing there have been numerous editorial comments in the local newspaper. All of these have been critical of the Planning Commission decision. 4 ')00101 Conclusion There has been no evidence that expansion of the existing Residential Care Facility from 6 to 15 residents will be inconsistent with the character of the immediate neighborhood. Rather, there has only been an expression of unfounded fears, misperceptions, and prejudicial attitudes. For these reasons, and in behalf of Kim and Melody Kunz, this appeal is being made. Respectfully submitted this day of September, 1997 . F;8 J.J. Wood Attorney for Kim & Melody Kunz enc. cc: Kim and Melody Kunz Roy Hanley, City Attorney 5 900102 ATTACHMENT B SEPT. 16, 1997 STAFF REPORT CITY OF ATASCADIZRO CUP 497012 STAFF REPORT FOR: Planning Commission Meeting Date: September16 1997 BY: Gary Kaiser, Associate Planner Gwl File No: CUP #97011 SUBJECT: Consideration of a conditional use permit application for the establishment of a residential care facility to serve up to fourteen (14) persons over the age of sixty-two (62) . RECOMMENDATION: ': Staff recommends: 1 . That the Negative Declaration prepared for the project be found adequate under the requirements of California' s Environmental Quality Act (CEQA) ; and 2 . That Conditional Use Permit #97012 be approved based on the Findings contained in Attachment F and subject to the Conditions' of Approval contained in Attachment G. A. SITUATION AND FACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . .Kim Kunz 2 . Project Address. . . . . . . . . . . . . .7105 San Gabriel Road 3 . Site Area. . . . . . . . . . . . . . . . . . . .3 . 9 acres 4 . General Plan. . . . . . . . . . . . . . . . .Suburban Single Family 5. Zoning'',. . . . . . . . . . . . . . . . . . . . . . .Residential Suburban (RS) 6. Existing Use. . . . . . . . . . . . . . . . .Single Family Residence and Care Facility for up to six 7 . Envirolnmental Status. . . . . . . . .Negative Declaration pending 1 X00103 B. ANALYSIS: • The subject site is approximately four (4) acres located at 7105 San Gabriel Road (Attachments A & B) . On the site, there is a large, two-story residence which is presently occupied by the applicant, his wife and their five (5) children (Attachment C) . In addition, the residence is currently being used as a residential care facility for up to six (6) persons over the age of sixty-two (62) . Proposed Use The applicant now wishes to relocate the family to another residence in town and serve up to fourteen (14) persons over the age of sixty-two (62) in the subject residence. No additions or substantial modifications affecting exterior of the residence are proposed, but the upper floor will have to be made accessible to the handicapped if indeed the facility will be designed to accommodate more than ten (10) elderly residents. The amount of traffic and noise generated on the site should either be unaffected or reduced by project approval. As stated above, the applicant' s family consists of seven (7) members . Both adults drive and so too do two (2) of the three (3) teenagers. None of the residential care facility clients drive, • so the number of residents who drive will drop from four (4) to zero (0) . Considering the residents are elderly and typically receive only one or two visitors per week, the project ought to reduce traffic, noise and commotion in general. Zoning Requirements The Residential Suburban (RS) zoning of the site allows residential care facilities "by right" where the number of residents is six (6) or fewer. Residential care facilities with more than six (6) residents are allowable but require conditional use permit approval. Other uses allowable in this zone through the conditional use permit process would include churches, schools, skilled nursing facilities, kennels, and bed & breakfast establishments. Generic standards for residential care facilities are contained in Section 9-6. 135 of the Zoning Ordinance. These standards require the following: that the site be at least 20, 000 square feet; that outdoor play areas for children be fenced to preclude uncontrolled access from the site; and that parking be provided at a ratio of one (1) space for every four (4) beds. 2 `)00!0-1 The site meets the lot size standard and, because residents will not be driving, i, there is already ample parking. The driveway is paved and has been determined adequate with respect to fire access. Finally, there will obviously be no outdoor play areas, so fencing is unnecessary. Signs No signs (other than that required for address identification) are proposed for the facility. Building/Fire Code Requirements Pursuant to the', Uniform Building Code, the existing single family residence is considered an R3 occupancy. It remains an R3 when used as a group'; home until the number of residents exceeds ten (10) . If the facility is designed to accommodate over ten (10) residents, the occupancy changes from an R3 to an Rl . If the building remains an R3 occupancy, nothing is required for Uniform Building Code compliance. If the building becomes an Rl, however, it must be retrofitted for handicapped accessibility and otherwise modified for Uniform Building Code compliance. Although the addition of that eleventh resident does not . substantially affect the appropriateness of the use or its affect on neighboring uses, it does substantially changes what is required to comply with building and fire codes . Hence, conditions have' been drafted that allow the applicants a choice: either they limit their facility to ten (10) residents or they undertake the improvements necessary for B1 occupancy. Environmental Review Proposed physical alterations of the site are minor and/or will occur within the interior of existing buildings. These things do not have the potential to result in significant environmental changes. The proposed change in use should not increase traffic or noise; in fact, traffic and noise should be reduced by the proposal. According to the Fire Department, the facility would not result in the need for new or substantially altered fire services . The ';facility would, however, be inspected annually by the Fire Department. 3 000105 CONCLUSIONS: Every community includes certain classes of people that need assistance. Whether its young children, battered women, the elderly, the disabled or troubled youth, the community must provide for the placement of facilities whereby they can receive the care they need. Atascadero recognizes the need for such facilities and provides for their placement in any residential zone. The location of the proposed care facility is zoned residential and would seem appropriate for the use. The facility would comply with applicable Building and Zoning codes and would not have a significant affect on the environment. ATTACHMENTS: Attachment A - Location Map (General Plan) Attachment B - Location Map (Zoning) Attachment C - Site Plan Attachment D - Applicant' s Statement Attachment E - Negative Declaration Attachment F - Findings for Approval Attachment G - Conditions of Approval i 4 "� € 08 CITY OF ^T,^ cC ^ DE O ATTACHMENT A PLAN t�1CyJ Cl 1\ LOCATION MAP (GEN. ) CUP #97012 CAD . COMMUNITY DEVELOPMENT DEPARTMENT •.4tvv,�}v is\;S?.::`i':fi.{:tiii.i}i•� >1 �'.... :.:vim.:}ti...:.;iv'�. ... vn.;.... ,.. ..• •'','' fir,•. •:•.'L..,%. Y d .lcl. 6 r I • o• 'tr A `r `N I S� 'I b I1 I yt3 . I •� r• /\ INA lay 11 I V/ sr ♦ � q °s R6A >/ f < �(1iE .d o I Fq9 yo� 5\ PS la Mq�S s R� n cc NDAiT ASS \\ _ .GA\ _ �.ITA-- \ �--�•� AVE\ ::::::::•::.::::...:..... 'A, I ATTACHMENT B 'CITY i OF AT-ASCADERO LOCATION MAP (ZONING) CUP #97012 CAD COMMUNITY DEVELOPMENT DEPARTMENT • 4 � Y 0 ~ LA / �-- / J bd 01. \ • 2 � q % .cFk ' RS �Y i St t IE 40 / \ GAB � L 04 '1 � r j ;• � � I p IF9Q � � q� OS V, � n P d� o \ - �.. ►a � ¢ // ' b�P// W O 14 / A ATTACHMENT C CITY OF RTASCADERO I SITE PLAN CUP #97012 - MCAD COMMUNITY DEVELOPMENT DEPARTMENT • 4 __ to � q � � i.VOE '15�✓' I.�,��- .aid? �� 9 .c� ,�_ � ..'P/r� .r•IU e �I i rq ,rV a A r � N / � �� vcpz — •� v r � -�•' eNo v 860_` CITY OF ATASCADERO ATTACHM1 D APPLICANT ' S STATEMENT CUP #97012 ��. COMMUNITY DEVELOPMENT DEPARTMENT ADDITION INFORMATION REGARDING CONDITIONAL USE PERMIT APPLICATION Re: 7105 San Gabriel Rd., Atascadero, California. August 10, 1997 Dear City of Atascadero, We are currently licensed with the State of California to operate a RCFE (residential care facility for the elderly) at the above address for six (6) residents. The purpose of our application for the conditional use permit is to comply with the State of California regulations for an increase in capacity. Said change will need to meet the approval of the State of California Department of Social Services Community Care Licensing. Currently my wife and I and our five children are living at the above address where we manage and operate our RCFE. When the conditional use permit is approved my wife and children will be relocating to another place of residence in Atascadero. 0 Please note the impact to the property upon approval as listed.... Traffic - With my family moving, the Traffic will decrease. I have three teenagers (two of which currently drive). We have five (5) automobiles and they will no longer active on the property. The residents in our facility do not drive. Family member visit one time per week on the average. Please note the they are never all here at the same time. This change in property use will not increase Traffic. Noise - With my family moving, the noise will also decrease. The elderly residents are not active and have no desire to make noise. The are all over 62 years of age and mostly stay inside. Modification to Property - No Change to the lot is required. No additional square footage needs to be added. Some interior doors will need to be widened to 3 ft to comply with fire code etc. Also wheelchair access to upper level of house to be completed upon approval. If you have any additional questions please do not hesitate to call me at 461-5484. Thank you for your prompt attention with regards to this matter. Very cerely, im un wner cc:file cc:Robert Owens, Attorney At Law ATTACHME T E CITY 'OF ATASCADERO NEGATIVE I VENDECLARATION CUP #97012 COMMUNITY DEVELOPMENT • ;�, DEPARTMENT rrT'ry nV A1rA4Z1rATN-&-nn va a a va aaasawi vaaii a�aw ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION COyLM- L-1 =DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035 APPLICANT: e i m J_,v N Z PROJECT TITLE: Cc u vRar,� Usc PEV_Mk,T PROJECT LOCATION, PROJECT DESCRIPTION: �Sitkr3l_i S!-l5�OEt�iliA1 G+°rRtC l L►T� �c � SLS_T_l—7 FINDINGS: 1. The project doesl not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited,but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either.d+rect/,r Qr inrlirent-h DETERIMINATION: Based on the above findings, and the information contained in the initial study(made a part hereof by refer- ence and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment. Steven L. Decamp, Acting Director Community Development Department Date Posted: • Date Adopted: CDD 11-89 �, ��A 'A ATTACHMENT F- Findings for Approval Conditional Use Permit #97012 7105 San Gabriel Road (Kunz) FINDINGS FOR APPROVAL: 1. The proposed project is consistent with the General Plan. 2. The proposed project/use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The proposal complies with all applicable codes, policies and standards adopted by ordinance or resolution of the City Council. 1)00112 • ATTACHMENT G - Conditions of Approval Conditional Use ' Permit #97012 7105 San Gabriel Road (Kunz) September 2, 1997 CONDITIONS OF APPROVAL: 1 . This Conditional Use Permit approval allows for the establishment of a residential care facility for up to fourteen (14) persons over the age of sixty-two (62) . The facility shall maintain compliance with this Attachment (Conditions of Approval) and all applicable provisions of the Atascadero Municipal Code. Any substantial modifications of the facility shall require approval of the Planning Commission. 2 . The residential care facility use shall not be established, nor shall a business license be issued, until all Conditions of Approval are satisfied. 3. This approval does not include signs . No signs other than address identification signs required by the Fire Department shall be erected on the site. 4 . Permits shall be obtained and finaled for the partitioning of interior walls for the creation of additional bedroom space in the residence. If the residence is designed to accommodate more than ten (10) residents, the permit (s) shall include the following: a. Installing full-coverage fire sprinklers; b. Making the facility handicapped accessible; and C. Meeting all other Uniform Building/Fire Code requirements including but not limited to those pertaining to fire alarms, extinguishers and fire wall separation. 5. This Conditional Use Permit approval shall expire one (1) year from the date of final approval, unless: a. Substantial site work toward establishing the authorized use has been performed, as defined in Section 9-2 . 114 of the Zoning Ordinance; or b. The project is completed, as defined in Section 9-2 . 115 of the Zoning Ordinance; or ')04112.1 ATTACHMENT C SEPT. 16, 1997 PLANNING COMMISSION MINUTES CITY OF 'ATASCADERO CUP #97012 PLANNING COMMISSION City Administration Building September 16, 1997 7 :00 p.m. COMMISSIONERS PRESENT: Wallace, Sauter, Zimmerman, Johnson, Arrambide, Hageman COMMISSIONERS ABSENT: Clark STAFF PRESENT: Steve DeCamp, Acting Community Develop- ment Director; Doug Davidson, Senior Planner; Gary Kaiser, Associate Planner; Kelly Heffernon, Assistant Planner; Patricia Hicks, Administrative Secretary AT THIS TIME, CHAIRMAN HAGEMAN READ A RESOLUTION OF THE PLANNING COMMISSION COMMENDING AND THANKING DOUG DAVIDSON FOR HIS MANY PRODUCTIVE YEARS OF SERVICE TO THE CITIZENS OF THE CITY OF ATAS- CADERO. DOUG WILL BE LEAVING THIS CITY IN OCTOBER FOR A JOB AS A PRIVATE PLANNINGI: CONSULTANT. SUBJECT: PUBLIC COMMENT Chairman Hageman'; announced that Agenda Item B. 1 , Conditional Use Permit 97011 , has been continued to the Planning Commission meeting of October 7, 1997. She explained that, according to the City Attorney, the Commission cannot take public testimony on this item as a if a hearing is taking place; however, the public could speak under Public Comment, which is for items not scheduled on thell agenda. The Chairman said it would be best if comments could be saved until October 7th when the item will again be on the agenda. TESTIMONY: Lanny Dugar, 8330 Santa Rosa - announced that Agape Group Homes has withdrawn asthe applicants for Conditional Use Permit 97011 . Robert Brown, 881,50 San Gabriel - asked why the matter was being continued if Agape Group Homes has withdrawn their application? Steve DeCamp confirmed that Agape Group Homes has withdrawn their application; however, the owner of the property has asked that the project be reinstated in his name and proceed to public hearing on October 7th. Mr. Brown wanted to know if the appli- cation is for the same type project or would there be a different . staff report? Steve answered that whether or not a new staff report is issued) will depend upon the application as made by the new applicant. At the current time, it is staff ' s intention to '�t301114 Planning Commission Minutes - September 16, 1997 . Page Two of Sixteen proceed with the current staff report listing Lanny Dugar in place of Agape Group Homes; the conditional use permit would be for the same use unless the applicant advises otherwise. Ron Bell, 8800 San Gabriel - wanted to know if there was a limit to the number of times an item can be continued. Steve responded that, under the Government Code, the applicant can request continuances as long as the appropriate fees are paid for re- noticing of the neighbors. Jessica Dugar, - read a statement saying that she was appalled at the neighbors ' comments regarding the relocation of the Agape Group Home. She said she would rather have her family around people who care about others, such as Agape, than around people who put sewer lines, paved driveways, rural character and their belongings before the well being of children. Robert Brown, 8850 San Gabriel - wanted to know if the neighbors have the right to ask for a continuance? Steve stated that if there was an insufficient amount of material available to intelligently discuss the proposal, the Planning Commission has the right to continue the item asking for additional information. Whitey Thorpe, 8025 Santa Ynez - said he didn' t think much of • people who wouldn' t give children a second chance; he would be ashamed of himself if a group home was going to move next door to him and he got up and said "no, I 'm not going to have them because some of those boys have been in trouble" . . . . . . . . . end of public comment for items not on the agenda. . . . . . . . The Chairman called a break at 7:16 p.m. - the meeting reconvened at 7:21 p.m. • CITY OF ATASCADERO PLANNING COMMISSION 09/16/97 ACTION MINUTES SUBJECT: A: CONSENT CALENDAR 1 . Approval of minutes of the regular Planning Commission meeting of August 19, 1997 . STAFF RECOMMENDATION: Approve ACTION: Approve the Consent Calendar Motion: Zimmerman Second: Sauter MOTION PASSED: Unanimous '00115 CITY OF ATASCADERO PLANNING COMMISSION 09/16/97 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS: 1 . CONDITIONAL USE PERMIT 97011: Consideration of an application filed by Agape Homes for the establishment of a residential care facility to provide care for up to twelve ( 12) "at risk" juveniles . The facility is proposed within the existing single family residential area wherein residential care facilities serving more than six ( 6) residents require conditional use permit approval. Subject site is located at 8330 Santa Rosa. (CONTINUED FROM THE REGULAR COMMIS- SION MEETING OF SEPTEMBER 2, 1997 AND CONTINUED AGAIN TO THE REGULAR COMMISSION MEETING OF OCTOBER 7, 1997) . B. 2 . CONDITIONAL USE PERMIT 97012 : Consideration of an application filed by Kim Kunz to expand an existing residential care facility. At pre- sent, the facility serves up to six ( 6 ) persons over the age of sixty-two, in addition to the family of seven (7 ) that also resides on the premises . The proposal is to relocate the family and allow up to fourteen ( 14) persons over the age of sixty-two to reside at the site. Subject site is located at 7105 San Gabriel Road. (CONTINUED FROM THE REGULAR COMMISSION MEETING OF SEPTEMBER 2, 1997) . STAFF RECOMMENDATION: (Gary Kaiser) Staff recommends : 1 . That the Negative Declaration prepared for the project be found adequate under the requirements of California' s Environmental Quality Act (CEQA) ; and 2 . That Conditional Use Permit #97012 be approved based on the Findings contained in Attachment F and subject to the Condi- tions of Approval contained in Attachment G. Gary Kaiser provided the staff report recommending modification of the Conditions of Approval as follows : Eliminate Condition No. 4.a, which requires installation of full-coverage fire sprinklers. G G 117 Planning Commission Minutes - September 16, 1997 Page Five of Sixteen Add Condition No. 6 to read: "Prior to the issuance of building permits or a business license, a registered civil engineer shall confirm that the septic/leachfield system is adequate for the proposed change in occupancy. Any work necessary to make the septic/leachfield system adequate shall be completed prior to the issuance of a building permit or business license" . Gary read a letter into the record from Mr. David P. Shurtleff opposing the proposed project, attached hereto as Exhibit "A" , and responded to questions from the Planning Commission. Commissioner Sauter - confirmed that the request is to increase the residential care residents from six ( 6 ) to fourteen ( 14) . Commissioner Wallace - asked if the number "14" included staff. Gary responded that it did not, as the staff would not reside on the premiss . Commissioner Zimmerman - questioned how many people would be in the facility at ';any one time, including the staff. Gary thought that there would be one staff person at all times but suggested that the applicant could better answer that question. Commis- sioner Zimmerman said that the way he read the Zoning Ordinance, the Commission could require sprinklers or add any provisions that they may feel is appropriate. Gary said that the Conditions are worded to meet the minimum requirements of the Uniform Building and Fite Codes but that the Commission does have the discretion to go beyond the minimum requirements . Commissioner Sa4ter - expressed concern over the traffic estimates, asking Gary where he got the numbers and if any con- sideration had been given to "traffic clumping" during the holidays? Gary responded that the applicant provided the traffic estimates based on the number of visitors the current residents receive and that traffic during the holidays had not been considered. TESTIMONY• Fred Wood, 5950 !Entrada - applicant' s attorney - stated that Mr. and Mrs . Kunz would agree with the staff report except that the application is seeking fifteen ( 15) residents rather than fourteen (14) . Mr. Wood said he has been to this home and it provides a terrific setting for those who live there. He summarized the opposition expressed in the letters that have been submitted as focusing on increased traffic and noise, inadequate driveway width and parking and waste, sewage and water usage . He � feels that if one understands the nature of this residential care • facility those concerns "really melt away" . `)00118 Planning Commission Minutes - September 16, 1997 Page Six of Sixteen The neighbors are going to have less traffic, less noise and less impacts in general when the family of seven (7 ) is replaced with non-driving adults . He emphasized that this was the residents ' home, where someone cooks their meals and makes sure they take care of themselves. It' s a place where their peers can talk, gain a little dignity and have some self-reliance. In concluding, Attorney Wood said that adding some adults to this home would not adversely effect this neighborhood in anyway. Commissioner Zimmerman - asked if the residents were disabled and that' s why they wouldn' t be driving? He also said it sounded like there would be more than one ( 1) staff person at a time attending to the needs of the residents . Commissioner Arrambide - stated that he visited the site and noticed that it has a very long, single-lane driveway with an inadequate amount of turnaround space at the top of the hill for emergency equipment. He feels that it' s ludicrous to consider that the project won' t generate traffic. He said that the applicant should be more realistic in his presentation regarding the impact of this project on the neighborhood. Commissioner Sauter - asked if "Dial-a-Ride" would be making fre- quent trips to this facility. Mr. Wood deferred the question to Mr. Kunz . Kim Kunz, 7105 San Gabriel Road - applicant - explained the daily comings and goings of residents, visitors and staff at present. He stated that most of the current traffic was caused by his family, adding that traffic associated with the care facility would proportionately increase but would still be less than present. Commissioner Wallace - asked if Mr. Kunz had experienced any problem with the current septic system. He answered that they haven' t had any problems but understood what was required by the addition of Condition of Approval No. 6 . Commissioner Wallace said that her biggest concern was that right now this was a "family owned and operated residential care facility" and that the scope completely changes when the residents increase and the Kunz family moves out; it essentially becomes a nursing facility. Mr. Kunz responded that, according to the State, it is still a family owned residential care facility as long as the number of residents doesn' t go over fifteen ( 15) . Commissioner Zimmerman - said he still didn' t understand why the residents wouldn' t be coming and going on their own. Mr. Kunz explained that, typically, the type of person that comes in to a facility like this is one that is not capable of driving. A - shuttle service is provided to and from their doctors . 10,10119 Planning Commission Minutes - September 16, 1997 • Page Seven of Sixteen Chairman Hageman - asked Mr. Kunz if he was still going to own this facility, how many parking spaces there were, and if the food preparation and laundry was done on site? He replied that he would still own the facility, that currently there was parking for seven (7 ) cars, and that food preparation and laundry was all done on site. Chairman Hageman inquired as to the number of staff members that would be on site at any given time. Mr. Kunz responded that with the increase in residents, there would be two (2) staff people and fifteen (15) residents on site, for a total of seventeen ( 17 ) people in the house at all times . Rush Kolmaine, Sox 1990, Atascadero - commended Mr. and Mrs . Kunz for providing this facility. He expressed concern over the inadequate parking spaces, lack of an adequate turn-around for emergency vehicles, and traffic generation. Lynn Stokes, 71019 San Gabriel Road - expressed concern over the private driveway that serves this facility, and opposes the expansion. He feels that the proposal is out of character with the area and is more of a commercial venture. John Alexander, 7050 San Gabriel Road - wanted to compliment the Commission for asking some very good questions concerning this 0 facility and its effect on the neighborhood. He opposes the project and feels that the applicant breached the trust with the neighborhood by''; having an attorney representing them. He expressed concern for the safety of that many elderly residents in one home. He objects to changing a residence in to a com- mercial venture', of this type. Dan Murray, Executive Director of Atascadero Christian Home - said he wasn' t in opposition to the proposed facility but wanted to point out that residential care facilities for the elderly are "not health care facilities, they are residences" . He agreed with Commissioner Arrambide' s statement regarding the driveway and ingress and egress of emergency vehicles . He feels that the sprinkler issue should be addressed; people of this age deserve as much protection as possible. David Shurtleff 7215 San Gabriel Road - informed the Commission that the new home he just purchased on San Gabriel Road was required to have a sprinkler system and his residence is closer to San Gabriel Road than the Kunz residence. He thought it was a loss to the neighborhood for the family to move out and turn that piece of property into "nothing but a commercial piece of property" . . Bill Snyder, 7025 San Gabriel Road - said that there will be a lot of activity'; at this site and traffic will definitely be increased. He thinks it' s "a wonderful care facility" with the Planning Commission Minutes - September 16, 1997 . Page Eight of Sixteen family there. It becomes a commercial establishment, not a residence, when the family moves out. Dick Bellman, 7069 San Gabriel - opposes the project; he shares the road with the Kunz family and if the seven parking spaces are full there is no room to turn around. His primary issues are the environmental ones . Chairman Hageman asked Mr. Bellman if there was a maintenance agreement among the property owners providing for the maintenance of the driveway. He answered that there is no maintenance agreement; he and Kim Kunz split the cost the last time there was maintenance required. He said that the driveway wasn' t built for heavy traffic, but for single-family use. Commissioner Sauter inquired how many times Mr. Bellman had observed emergency vehicles at the residence and how have they turned around in the past. Mr. Bellman recalled seeing such vehicles only twice and both times they had to back down because they could not turn around. Shaloni, employee of Mr. Kuntz - spoke in favor of the project; she stated that most of the traffic and garbage was generated by the family. She continued, saying that there was a desperate need for this type of facility. The people in this facility can' t do everything for themselves, they need help; however, they' re aware enough to know that they don' t want to be in a typical nursing home. Clarece Handshv, 7100 San Gabriel - is opposed to the project. She feels that the property, does not lend itself to the type of project being discussed. Bear Handshv, 7100 San Gabriel - is opposed to the project. His concerns are for the safety of the elderly residents . How many people. will be on the 2nd floor? In case of fire, are two (2 ) staff members going to be able to get fifteen ( 15 ) people out of the house safely? He feels it' s not compatible with the single family residences of his neighborhood. John Alexander, 7050 San Gabriel - asked if the residents pay for their care and what happens if they can' t pay for their care? Bill Snyder, 7020 San Gabriel - said that everyone is concerned with the care of the elderly; the issue is the expansion of this facility at this site under current conditions . Kim Kunz, applicant - told his neighbors that he appreciates their concern about the neighborhood. He said he wanted to comment on a couple of statements that had been made. With regards to fire, evacuation and safety, the State of California is very stringent and will not issue a license to anyone that doesn' t comply with those strict standards . The last thing he lr�V1 V� • Planning Commission Minutes - September 16, 1997 Page Nine of SiXteen would want to do is build or develop a residential facility that would be detrimental to the safety of those there. The pool is fenced and locked in accordance with State law. In response to the concerns of 'emergency vehicle access, Mr. Kunz explained that the Fire Department brought their large fire truck up and it was determined that 'i there' s enough room at the top of the driveway to back up in the turn out and go forward down the driveway. Commissioner Wallace asked if the turnaround was in the parking area and whether anyone would be able to block access? Mr. Kunz responded that the turnaround was at the top of the driveway in a gravel turn out '';where no one would be parking. Chairman Hageman asked if there would still be seven (7 ) parking spaces available if no one parked in the gravel turnout and asked if the garage was being converted into residential space. Mr. Kunz confirmed that there would still be 7 parking spaces and explained that the garage was being converted in to an office/ reception area. Commissioner Artambide commented on the turnaround saying he would be less inclined to be opposed to this project if the . conditions to which the project was being permitted were equatable with those in this community who have had to develop under different ' standards . Ray Robertson, 1100 San Gabriel - feels that expanding to caring for 15 people and converting the garage to office/reception area is "way out of Character for any residential area,, . Dick Bellman, 7069 San Gabriel - has extreme resistance to look- ing down at another parking structure. Mr. Bellman. said the other issue of interest would be the fact that Mr. Kunz is talking about converting the garage into an office/reception area. The garage has already been converted to two different rooms; that' s not in the future, it' s already there. Phyllis Surney, 7049 San Gabriel - said that aside from all the concerns that have been given, she has others . She said she can see this "business" turning into an even larger business than anticipated and '' the proposal is not consistent with the neighbor- hood. Lynn Stokes, 7109 San Gabriel - said there is an informal maintenance agreement on that road which serves four (4) resi- dences, and that road is about the width of a Volkswagen Van. • Fred Wood, applicant' s attorney - commented that there is nothing about this residence that makes it any different than the other houses there. The traffic on the road isn' t going to be any Planning Commission Minutes - September 16, 1997 • Page Ten of Sixteen different with the increase of residents . Mr. Wood said his client has indicated that he will do anything required to provide for adequate parking. He added that the concerns expressed for the care and safety of the residents is very strictly regulated by the State. . . . . . . . . . . end of public comment. . . . . . . .. . The Chairman called a break at 9:01 p.m. - the meeting reconvened at 9:09 p.m. Commissioner Arrambide - said he could not see this expanded use as feasible on this site. He feels that it' s appropriate the way it is now with the family there and six ( 6) residents . Commissioner Wallace - thinks that a conditional use permit is a privilege and she disagrees with the Findings for Approval, i.e. , Finding No. 5 . She thinks that the proposed project will generate a volume of traffic beyond the safe capacity of the road serving the project, etc. The City of Atascadero needs residen- tial care facilities; perhaps a different site could be found that would be more feasible; she' s opposed to the scope of this project on this particular site. Commissioner Zimmerman - suggested that the Conditions of Approval be modified to reflect the thoughts of the Planning Com- missions should this project be appealed to the City Council . He especially would like to see the wording in Condition No. 4 remain the same, which requires installation of full-coverage fire sprinklers . Chairman Hageman - would like to add a Condition No. 7 which would require that a Maintenance Agreement for the driveway be formalized. Commissioner Johnson - said there was a family of seven (7 ) living in the house, at this time, so the increase in beds would be from twelve beds to fifteen beds, an increase of three (3) beds . Statistics have shown that four (4) drivers in a household will generate 4 to 6 trips each day for each driver; the residents generate approximately 4 trips each day. He said he was having trouble accepting the public' s outcry against caring for our elderly people. The Fire Department is charged with making sure that there isn' t a problem, that fire trucks and other emergency vehicles can turnaround. The applicant said he was willing to provide anything that is necessary to meet our regulations for a turnaround. Commissioner Johnson stated that the removal of the family from the site and the increase in resi- • dents isn' t going to make this a "commercial venture" ; yes, the applicant must make money to stay in business to provide this ' 00123 Planning Commission Minutes - September 16, 1997 Page Eleven of Sixteen care. Don' t our ,elderly people deserve the right to be able to enjoy the rural atmosphere that others want to enjoy? Just because we have fifteen (15) elderly people living in a house, doesn' t make this out of character with the neighborhoods ' houses . He added, that this proposal has to abide with safe- access regulations and that he was in support of leaving the fire-sprinkler requirements as a Condition of Approval. Commissioner Johnson said he was in support of this project and would vote for it' s approval with some minor adjustments to the Conditions of Approval. Commissioner Arrgmbide - said that it' s important that we all know that the proposed use is not appropriate in an industrial or commercial zone and it' s not preferred in a multi-family zone; it' s desirable in a single-family zone. If this structure was the first house on the long driveway and if the neighbors who shared that driveway were here in support of this project, Com- missioner Arrambide said he would be influenced differently. However, since it' s located up a hill in a very difficult spot in which to apply standards that are applied in other places, it' s difficult for him to support this project. Commissioner Wallace - stated that the residential home' s isolated location was troubling to her and expressed concern over the septic system. She added, that consideration of the neigh- bors ' attitudes was part of the conditional use permit process . Commissioner Arrj�mbide - said he thought there was a phrase in the zoning text which refers to non-related people and density; a single family would have no restrictions in that regard. How- ever, he does believe that the Commission has an obligation to a residential neighborhood when we start including non-related people in numbers in excess of six ( 6) . Commissioner Johnson - referred to a ruling in the United States Supreme Court which said you can not regulate that family only has to live in a' house. Doug Davidson responded that staff is familiar with th'e court case that Commissioner Johnson referred to; it is the Adamson case in Santa Barbara and that is one of the reasons our City Zoning Ordinance does not include a limit on the maximum of unrelated persons in a household. Commissioner Johnson said the: point he wanted to make was that this house could have 20 people, or more, of family/friends, etc. living in it; there is no restriction on that. Commissioner Zimmerman - asked the Chairman how she would like to entertain the motions on amending the proposal as it stands . before the final', vote. Chairman Hageman said she had heard no dissention as fair as the additions to the Conditions of Approval; she suggested making a motion for all the changes at once. Planning Commission Minutes - September 16, 1997 Page Twelve of Sixteen ACTION: That the Negative Declaration prepared for the project be found adequate under the requirements of Cali- fornia' s Environmental Quality Act (CEQA) . Motion: Johnson Second: Hageman AYES: Johnson NOES: Wallace, Sauter, Zimmerman, Arrambide, Hageman ABSENT: Clark MOTION FAILED: 1:5 Gary Kaiser asked for clarification - saying that by voting "No" on the Negative Declaration, the Commission was saying that an Environmental Impact Report is required for this project. Doug explained that if it was the consensus of the Commission, a motion should be made to deny the project based on the Findings for Denial, which could be done by changing one or more Findings for Approval in Attachment F to the negative. Projects which are not approved are exempt from CEQA> ACTION: That Conditional Use Permit #97012 be denied based on Findings for Denial Nos . 4 and 5 which are revised to read as follows : 114 . The proposed project or use will be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. " 115 . The proposed use or project will generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be im- proved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. " Motion: Wallace Second: Sauter Discussion: Commissioner Johnson - asked how the Commission could say that this project will not be consistent with the character of the • immediate neighborhood or contrary to its ' orderly development. There' s not going to be any changes to what exists right now and 0 Planning Commission Minutes - September 16, 1997 Page Thirteen of' Sixteen it is consistent right now! Commissioner Johnson said that he was a Civil Engineer and deals with traffic and "I can certify right now that this project is not going to generate a volume of traffic beyond the safe capacity of all the roads providing access to the project. " He added that the applicant has already indicated that he would make what changes are necessary to make this safe so "I don' t see where this Commission can realis- tically and in good conscience make these findings, and I for one will vote against these. " Chairman Hageman', - said that it' s not the numbers of people that matter, it' s their "buy-in" to the neighborhood; there' s a lot of difference between a family in a house and a commercial venture in a house. When the family is there, they have a stake in that house and a stake in the neighborhood; when there is no family there then it' s simply a commercial venture. Chairman Hageman said she agreed with Commissioner Arrambide, that had this been a different site that had direct access on to a main road where the neighbors seemed'' to support it, that would different. The fact that the neighbors came out and very strongly spoke against the project, and the; fact that a very long driveway with a very tight turning radius would be serving it, would lead her to not support the project. Commissioner Johnson - asked since when does having 15 or 16 people in a house make it a commercial venture? There is no difference in what is being proposed here and having your relatives stay for an extended period; these 15 residents are family. Commissioner Johnson said he is familiar with resi- dential care facilities and the residents look at each other as family; "to try to degrade it to the point where it is merely a commercial venture, I take exception to that" . Commissioner Sauter —said that Commissioner Wallace' s motion was not based on the commercial character of the proposal but based on the fact that the proposed project will be inconsistent with the character of the immediate neighborhood and that the project will generate a ';volume of traffic beyond the safe capacity of the road providing access . Commissioner Sauter said this is a rea- sonable motion considering the amount of people that will be in the residence on a daily basis, the long and narrow driveway, the question whether there' s room for emergency vehicles to turn around, and he intended to vote in favor of the motion. Commissioner Wallace - said she would like to amend her motion to deny Conditional Use Permit No. 97012 based on Findings for Denial No. 4 only. is ACTION: That Conditional Use Permit #97012 be denied based on Findings for Denial No. 4, which is revised as follows : 001,% Planning Commission Minutes - September 16, 1997 Page Fourteen of Sixteen "4 The proposed project or use will be inconsistent with • P P P J the character of the immediate neighborhood or con- trary to its orderly development. " Motion: Wallace Second: Sauter Discussion: Commissioner Johnson - said he still had to voice his opposition to a finding that it is inconsistent; inconsistent in what manner? They' re not changing anything there. The whole outside is going to be the same. Having more people inside doesn' t make it inconsistent. He thinks it is very "short sided and little" of this Commission to even think that is a justifiable position to take. AYES: Wallace, Sauter, Zimmerman, Arrambide, Hageman NOES: Johnson ABSENT: Clark MOTION PASSED: 5:1 B. 3 . GENERAL PLAN CONFORMITY REPORT 97-2: • Consideration as to whether the County' s intention to lease certain real property located within the City of Atascadero is in conformance with the City' s General Plan. Subject site is located at 6925 Atascadero Avenue. STAFF RECOMMENDATION: (Kelly Heffernon) Staff recommends: The Planning Commission should find the intention to lease the subject real property to be in conformance with the General Plan. Kelly Heffernon provided the staff report and offered to answer any questions from the Planning Commission. . . . .At this point, Commissioner Johnson stepped down. . . . Commissioner Sauter - inquired as to the present use of the building. Kelly responded that currently it is a Hearing Aid facility. TESTIMONY: None • 9 0 0 1 7 Planning Commission Minutes - September 16, 1997 Page Fifteen of Sixteen ACTION: Finds that the County' s intention to lease the. subject real property to be in conformance with the General Plan. Motion: Sauter Second: Wallace Discussion: Commissioner Arr;ambide - asked whether there would be assurances that the lease would be in conformity with the zoning. Doug explained that whoever the County leased the property to would indeed need to be an allowed use. AYES: Sauter, Wallace, Arrambide, Zimmerman, Hageman NOES: None ABSENT: Clark MOTION PASSED: 5:0 • CITY OF ATASCADERO PLANNING COMMISSION 09/16/97 ACTION MINUTES SUBJECT: C. INDIVIDUAL COMMENT Planning Commission: Commissioner Wallace - said she thinks that a lot of thought should go into residential care facilities and site selection is very important. Also, the applicant was requesting fifteen ( 15) residents; at sixteen (16) residents the State requirements change drastically and you ' re talking about a nursing facility. Commissioner Wallace said the subject project is in a high-risk fire area and she would have liked to have received something formal from the Fire Department stating that the turn-around area was adequate. She would welcome looking at residential care facilities in the future in a more appropriate location. Commissioner Zimmerman - wished Doug Davidson nothing but the best, saying it had been a pleasure working with him. Also, he said he thought it was extremely important that staff, and who- ever else is involved, have all their "t' s crossed and is dotted" when the residential care facility for juveniles comes back to the Commission so there is no technicalities that cause another continuance. . Commissioner Arrambide - said this evening brought back some painful memories of when he was working with Doug on the Christian Home expansion. He said there was a lot of opposition, and the Planning Commission denied the project. Doug counseled him, suggesting he get together with his neighbors; he started having coffee with the neighbors, helping them understand what he wanted to do there and it was amazing how well the project went from that point on. Chairman Hageman - told Doug that the Commission was certainly going to miss him; that it had been a joy and a delight and it was probably pretty appropriate that he had to keep the Planning Commission on the "straight and narrow tonight" . She wished Doug the best of luck and thanked him for all his help. City Planner: - None Economic Round Table: Chairman Hageman announced that the next meeting would be held on September 17th in the Club Room at 7 : 00 a.m. Wade McKinney, City Manager; and James Halferty, Halferty Development were the scheduled speakers . MEETING ADJOURNED: 9:58 P.M. Minutes Prepared by: i Patricia Hicks, Administrative Secretary 2 197 12: 30 (FROM TED MILES JEEP EAGLE PAGE.002 Aug 28, 1997 Planning Commission City of A'tascadero C/O Community Development Dept. 6500 Palma Ave Atascadero, Cp, 93422 Dear Members of Planning Commission: This lettar is in response to the Notice of Public Hearing we received dated 21 Aug 97 regarding a Conditional Use Permit application filed by Kim Kunz, 7105 San Gabriel Rd. We are opposed to the approval of tor. Kunz►s Conditional use permit to expand his existing residential care facility from six to •14 ',Persons, premises. and to relocate his faRily out of the ' we purchased our home at 71Q9 Sail L in Dec 96.; At that time we were unaware and were not advised that Mr. Kunz operated a home based business of this magnitude at his residence. Odr property is contiguous to hi$ and we share a privately maintained drive with Mr. Kunz and two other homes. We immediately noticed the unexpectedly high traffic on this drive after moving into our home. we later learned that there was a residential care facility operating at 7105 San Gabriel. This business generates ."traffic from its staff, several shifts we presume . since it is 24 hour care; from family and friends of the patients visiting the home regularly, as well as from delivery and supply trucks and even an occasional atubulance going up and down the shared drive. The Kunz property is the third house up this one lane private' drive, often, one meats traffic coming in the opposite-direction. There is no shoulder to speak of so pulling over .is not usually Possible. ;More often, one of the drivers must back up to allow the Other car to pass. OCCREic !311-Y t"is requires backing up to or waiting on SLa G_,bri 1 Rd. 'is is clearly a hazard. We have had several of -the, :residents' yIsiitors mistakenly come up our driveway and to our house, looking for their relatives being cared for at 7105 San Gabriel_ All of this .has been barely- tolerable and certainly not ideal. Our`neighbgrhood is- zoned single family residential_ when others like ourselves purchase a home in such a neighborhood we do -so with some relative assurance that the zoning will prevent buoineeaes such as this springing up next door or nearby. We purchased this home, putting our heart'and soul into it as Well as most of our income, because of the lovely ',EP 2 197 12: 31 FROM TED MILES JEEP EAGLE PAGE. 003 area and the fact that it was zoned as single family residential. Mr. Kunz proposes to move his fajAily out of the premises and expand his business from the six existing "guests" to 14. This changes everything, -turning 7105 San Gabriel from a home based business with a owner/management family in residence to a completely commercial, 24 hour, for profit business. These added "guests" will bring with them added employee, visitor and other support traffic. We believe strongly in personal property rights and feel that an individual should be able do with his property what he wishes within reason and in compliance with existing zoning restrictions. We also believe in maintaining continuity in our neighborhoods. This single family neighborhood is not a appropriate location for the commercial venture being proposed'. We also believe strongly :< ,. in .reasonable compromise and accommodation. Mr. Kunz and his family have already received reasonable accommodation by obtaining a permit to operate the current business at his residence, Anything beyond this is unreason-able and not acceptable to us. We request that M— Kunz's application for; expansion be denied. Re,�ectful��'yoty�•s n a � to.kes 7109 San Gabriel.,.Rd. Atascadero, CA 93422 * TOTAL PAGE .003 ** ')00131 7215 San Gabriel Rd. Atascadero, CA 93422 September 15, 1997 ' City of Atascadero' Planning Commission RE: File No: CUP #97011 Dear Sirs: We have just moved into our home on San Gabriel Rd. , just a few months ago. One of the things that most appealed to us was the feeling of living in the country but still close to the city. It's nice and quiet here with no traffic noise or sirens. It is really a nice residential community. That's why we bought here. That' is also why we are opposed to the proposed use of the property on. 7105 San Gabriel Rd. What Mr. Kunz is proposing is turning a residential property into a completely commercial gain. It is one thing to live in a home and open that up to caring for others and this is commendable. But it is entirely different to vacate that home as a primary residence and use it 100% for profit. This would make it a commercial piece', of property and in the future perhaps market it and sell as such. Even if that would''; not be possible, turning it into a residential care facility at this time is not acceptable to us. Evidently Mr. Kurz has found a way to profit financially enough to move his family out of his home and into a new residence and no longer have to put up with the day to day or minute to minute problems that come with managing such a facility. We feel that he in a sense is taking the money made in a commercial venture and running away from his primary responsibility as a home owner in this community. By his financial gain in making his property into this type of facility, we in this commmity will lose in many ways, least of which is in our property values. Sincerely your David P. ShurtlefE DEAR SIR : AUGUST 25, 1997 THIS LETTER IS TO VIGOROUSLY PROTEST THE PROPOSED EXPANSION OF THE RESIDENTIAL CARE FACILITY AT 7105 SAN GABRIEL PROPOSED BY KIM KUNZ . THIS FACILITY IS A SINGLE FAMILY DWELLING AND WAS SO ZONED AND IT HAS BEEN TURNED INTO A NURSING HOME . AS A RESULT, WE HAVE INCREASED TRAFFIC, NOISE AND CONGESTION. ALSO, THEIR GARBAGE IS FREQUENTLY FOUND OVERFLOWING AND IN THE STREET . IF THEY ARE ALLOWED AN ADDITIONAL SEVEN PATIENTS THESE PROBLEMS WILL INTENSIFY AND THIS SHOULD NOT BE ALLOWED IN A RESIDENTIAL NEIGHBORHOOD. WE ARE VERY MUCH AGAINST THIS PROPOSAL. SING RELY Cq WAYNE AND CLARECE HANDSITY �y( 7100 SAN GABRIEL ATASCADERO, CA 93422 4� AUG 2� 1gg1 GpMMU 10 0013 3 . Raymond J.Robertson 7099 San Gabriel Road Atascadero, CA 93422 August 28, 1997 Mr. Steven L.DeCamp,Acting Director Community Development Department City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mr. DeCamp I wish to express my strong opposition to the granting of a conditional use permit for the establishment of a residential care facility to serve 14 adults at 7105 San Gabriel Road, Atascadero CA. I feel that this type of use is totally inappropriate in a single family residential area as well as having additional problems with this particular location. I would like to bring to your attention the following issues: 1. Access. The present road is a paved single lane road which passes through my property which was never proposed for any type of commercial venture. Presently there is a considerable amount of traffic due to the location of the 6 bed group home and expanding the size of the venture to 14 plus staff would make a marginal situation even worse. There are times when cars have to stop and back up on San Gabriel to let cars by coming down from the subject property. The single lane road is totally insufficient for such a business. 2. Emergency Vehicle Access. The west side of Atascadero,west of Portola Road is considered a high risk fire area for wildfires. The recent experiences of the 41 Fire and many other wildland fires has shown the unpredictable nature of these infernos. I cannot even imagine the logistical nightmare of trying to evacuate 14 non ambulatory patients down a'',one lane road during the chaos that occurs during these fires. There is one exit road from this property and a simple fallen tree limb,traffic accident,or grass fire could block all access to these residents with tragic results. 3. Septic System. The septic system installed on the property was designed for a single family residence, not any type of large group home. As a homeowner directly below the subject residence,I feel very strongly that the present system will subject any family and I to septic problems should the conditional use permit be approved. 4. Parking. The subject property does not have nearly enough parking for a business of this size. If each resident had a visitor on a holiday,there would not even begin to be enough parking spaces for all the automobiles. These are only a few of the issues that would adversely affect the neighborhood should the present group home be expanded to this unworkable number of residents. I strongly urge the Planning Commission to reject the project and protect the unique single family neighborhoods that make Atascadero such a great place to live. Sincerely, Ra and J.Ro rtson 900134 Steven DeCamp 28 August 1997 • City of Atascadero Community Development Dpt 6500 Palma Ave Atascadero, CA 93422 Dear Sir, I have learned that a single family home in my area is essentially being turned into a business operation to serve as a home for the elderly. I also understand that Kim Kunz wants to squeeze 14 elderly people into this suigle family dwelling located in an isolated area on the side of a steep hill with no stores, emergency facilities, community centers or public assistance anywhere near by. Your public notice states that there would be no significant affect on the environment. Does any one recall the sewer lines recently installed on lower San Gabriel Road because the soil in our area does not leech well?. The proposed site to be used for housing 14 people is still on a septic system. Has the capacity of the current septic system been considered in your environmental assessment? The decision to zone this area for single residence housing was done for good reason. Is it appropriate for Kim Kunz ask our city to ignore zoning laws and make an exception for her business enterprise? My strong opinion, and that of Mrs. Alexander, is that she is out of line and her request must be denied. If being consistent in applying our zoning laws is not sufficient grounds for denial, the welfare and social protection of the these elderly citizens certainly is. Please deny Kim Kunz's request for exception to our zoning laws. Thank You Sincerely, John and Linda Alexander 7050 San Gabriel Rd Atascadero ')001; . September 3, 1991 D C�� Planning Commission SEP 5 - 1997 City of Atascadero COMMUNITY C/O Community Development Dept. DEV__,Lop�IEH., 6500 Palma Ave. " Atascadero, CA 93422 To: Members of the Planning Commission Last night, my wife and I were informed, by a neighbor, that there was a meeting to review the Conditional Use Permit application filed by Kim Kunz, 7105 San Gabriel Road, regarding his residential care facility. Why were we not unformed by either the city or Mr. Kunz? It seems that this is a violation of zoning ordinances. Since our property is very close to Mr. Kunz ' s house and is in direct view, we are certainly affected by his application. Our understanding is that Mr. Kunz wants to expand his residential care 'facility to a full-time, twenty-four hour business in our residential neighborhood. We strongly object! May we remind you that this is still a neighborhood of residential homes, with families, children going to and from school and playing outside. It is not a business district. It is not an industrial zone. It is a street of personal residences. To have a 14 bed care facility located here is not appropriate. It is so inappropriate that Mr. Kunz, himself and family, are moving out! In addition to not desiring a business establishment being located among a group of homes, there are several problems created by the approval of the Use Permit: 1 . Increased traffic on San Gabriel Rd. which was not built for that much commercial use (UPS, medical deliveries, ambulances, food supplies, visitors, etc. ) 2. Inordinate traffic on the common driveway which was not built for that heavy of use, also no turn-outs, creating a hazard. 3. Lack of waste/disposal pick-up access by Wil Mar. 4 . Proper sewage disposal for 14 persons. 5. Increased water usage and adequate supply. • 6. Night lighting that is extremely bright and annoying. 7. Possible; deterioration of the neighborhood. 900136 We strongly object to Mr. Kunz ' s request to expand his home into a commercial business via the Conditional Use Permit and ask that you deny the request. This is, after all, a residential neighborhood and wonder if you would like Mr. Kunz to do to your neighborhood what he is proposing to do to ours. Respectfully your , William and Karen Snider 7025 San Gabriel Road Atascadero, CA 93422 00013'7 September 23, 19917 Robert and Carol Simonin 8750 San Gabriel Road Atascadero, CA 931422 City Of Atascadero Planning Commission 6500 Palma Avenue Atascadero, CA 93422 Re: Conditional use permit for"at risk"youths at 8330 Santa Rosa Road To whom it may concern, We would like to voice our opposition to the group home at 8330 Santa Rosa road. Our opposition is based entirely on safety issues. The home sits in close proximity to two elementary schoolsand almost across the street from a home for the elderly. It is also very near the lake with the park and zoo. Children go to and from school by foot and on bicycles and play in the park. The elderly walk around the grounds of their facility and many people, including the elderly, walk around the lake. These groups are our most vulnerable citizens and the least able to protect themselves. We need to assure that these groups are protected. We are not sure what"at risk" really means but from what we have learned from the news media and people who worked at these facilities is that most residents have had some run in with the law, including criminal activity, and may be one step from the California Youth Authority. Can we lafford or do we have the right to possibly endanger our children and elderly by allowing,this type of home in our neighborhood? We already know that there is a high escape rate and we also know that one 12 year old was killed by a 16 and a 17 year old, all housed in an"at risk" group home. We also know that a 17 year old in Southern California was given a weekend pass and killed his girlfriend. Please consider our neighborhood safety issues before granting this permit. 'Thank you, Robert Simonin Carol Simonin 1,0 - -- - J� - - --- - - 1 --- -r ' -- --�,� - ------- ------ - �-- - --- ---tel��- -- ---_ O 7 r r 3 112 -- - - ---- - - -- - - -- - -y __.� _ - el'---- -- - - - �� - -- - - - -- ---- a - ------ -- --- - - � ,,, til --P, - ATTACHMENT F- Findings for Approval Conditional Use Permit 197011 8330 Santa Rosa Road O FINDINGS FOR APPROVAL: .� 1. The proposed project is consistent with the General Plan. 2 . The proposed project/use satisfies all applicable provisions of the Zoning Ordinance. 03 .--The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare-of the general public or persons residing or working in the neighborhood of the use, _or be detrimental or injurious--to property or improvements in the vicinity of the use. 2,Q �4 . The proposed project or use will not be inconsistent with �r the character of the immediate neighborhood or contrary to S l ' its orderly development. 5. The proposed use or project will not generate a volume of • safe capacity of all roads traffic beyond the sa p y providing access to the project, either existi to be improved in conjunction with the project, o be ondlthe normal traffic volume of the surrounding neigh orhood that would result from full development in accordance with the Land Use Element. 6. The proposal complies with all applicable codes, policies and standards adopted by ordinance or resolution of the City council. • G01 13 • October 6, 1997 Bill Hurley 8750 San Gabriel Load Atascadero CA 93422 Atascadero Planning Commission 0 OT ,;63 1997 6500 Palma Avenue Atascadero, CA 93422 ^0N9M UN!TY DEI Dear Commissioners, In regard to the proposed home for"at risk"youngsters on Santa Rosa Road, I would like to bring some recent grisly events to your attention. In late August of this year, Rodney Haynes, a 12 year old, eighty five pound child was beaten to death and his body thrown into a trash bin. Confessing to the murder were Gregory Jones Smith, 17, described as a broad shouldered 200 pounder and Brandon Seawell ,16, described as tall and lanky. Wards of the Ventura County Probation Department, the young men were residents of the Passageway Home for at risk"youths in Calabasas. Andrew Juels who runs the Passageway group home said,...there were no signs that the hvo teenagers under his care were capable of such dangerous or violent behavior. Less than a week later, a 17 year old with"an extensive criminal history" was given a weekend pass from a similar facility in Van Nuys. He is now in custody for killing his teenaged girlfriend. On September 23rd of this year the San Luis Obispo County Telegram-Tribune published two disturbing stories of murder. One concerned Tommy Traughber's sentence of 26 years for killing 75 year old Mable Agueda in Arroyo Grande. Tommy was, at one time, housed in a group home fot"at risk"youths. According to his mother, he was placed in the home at thirteen years of age because he committed criminal acts. The other concerned 17 year old David Dodge, confined for theft in a "half way" house in Washington state. Dodge ran away from the home and was later arrested for the rape and murder of a 12 year old baby-sitter. The girl was "very, very brutally beaten" said a sheriff's spokesman. The perpetrators in the above cited instances were "at risk" home residents who had been • confined for committing criminal acts. The victims were old and frail or young and weak. Page 2 Bill Hurley- Atascadero Planning Commission • A local property owner now wishes to establish a similar"at risk"youth facility at 8330 Santa Rosa Road in Atascadero. Virtually across the street from the Atascadero Christian Home for the elderly, this location is within a 1/2 mile of the Santa Rosa Elementary School, it is within a 1/2 mile of the San Gabriel Elementary School and it is within a 1/2 mile of the popular lakefront/zoo which teems with young children and preschoolers. To locate such a facility in an area populated by a concentration of frail senior citizens-and innocent children would be shortsighted and perhaps gravely negligent The Ventura County Star newspaper, in a series of articles on"at risk" homes, described "deep rooted problems" in these "virtually unregulated facilities" whose administrators "are given little scrutiny" in a system that"routinely encounters serious problems." Although "at risk"youths should be given a chance for rehabilitation, we should not expose the weakest and most vulnerable members of our community to the unpredictable and possibly violent residents of such a group home. Atascadero has many locations more suitable for this type of facility. Other sites should be investigated. Very truly yours, • Lam. Bill Hurley encl.: excerpts from the Los Angeles Times and the Ventura County Star • FROM THE LOS ANGELES TIMES ... will recommend previsions to the process through which youths are placed in private care facilities... used by the county to relieve overcrowding at it's own facilities... ...juvenile delinquents put in homes for committing crimes should not be mixed with youngsters assigned to protect them from abuse or neglect. ...neighbors of group homes are understandably upset and nervous. -Walter J. Kelly, Acting Los Angeles County Chief Probation Officer- Andrew Juel.s whose group home housed the two young men that confessed to killing a 12 year old...said there were no signs the two teenagers under his care were capable of such dangerous or violent behavior. After the second murder, Los Angeles Councilwoman Laura Chick said the slaying is particularly troublesome in the light of the well publicized case last week in which a 12 year old was killed, allegedly by two older residents of another group home. "Coming on the heels of the other thing, it's pretty grim," said Chick... "we have seen two cases where not enough caution was taken." FROM THE VENTURA COUNTY STAR Rodney's death underscores deep-rooted problems in California's nonpublic school and group home system documented over the last two decades. California taxpayers will spend more than a quarter billion dollars this year sending 11,000 children to these virtually unregulated schools, about half of which operate residential facilities. Passageway and Hillside administrators -like those in the bulk of the nonpublic school and group home system- are given little scrutiny in a program burdened with thousands of disadvantaged and abused children. Licensed by the state, group homes across California routinely encounter serious problems because of mismanagement, inexperienced staff and the inappropriate placement of juveniles... One of the most common problems, state officials said, occur when younger children are mixed with older teens with more severe criminal records. "I don't think the regulatory ability has grown at the same pace as the number of group homes," said Rita Cregg, director of the children's advocates office of the Los Angeles County Superior Court, "the child welfare industry has grown faster than anyone e Ypected." "What kind of homes are these...what level of problems do these kids have? Are they Kids with violence problems?" [Calabasas] Mayor Leslie Devine asked. "Who was supervising these kids?" "We are concerned whether or not the group home employees are capable of handling the severe juveniles they are taking as clients," said Martha Lopez, Deputy director of the state's Community Care Licensing Division. i ATTACHMENT D RESOLUTION DENYING CUP #97012 Resolution No. 98-97 A Resolution of the City Council of the City of Atascadero Denying Conditional Use Permit#97012 Regarding a Residential Care Facility for the Elderly (7105 San Gabriel Road: Kunz) WHEREAS, Conditional Use Permit#97012 was denied by the Planning Commission following a Public Dearing held September 16, 1997; and WHEREAS, another Public Hearing was held before the City Council on October 28, 1997 to consider the applicant's appeal of said Planning Commission action; and WHEREAS, at the October 28, 1997 Public Hearing, the City Council found as follows: 1. That the proposed project or use would be inconsistent with the character of the immediate neighborhood or contrary to its orderly development because of the commercial nature of the use and the amount of traffic and commotion that would result from employees and visitors. • NOW, THEREFORE, the Council of the City of Atascadero does resolve to deny Conditional Use Permit #97012. On motion by Councilmember and seconded by Councilmember ' the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: ATTEST: CITY OF ATASCADERO, CA • MARCIA M. TORGERSON RAY JOHNSON, Mayor �00I'l8 ATTACHMENT E RESOLUTION APPROVING CUP #97012 Resolution No. 99-97 A Resolution of the City Council of the City of Atascadero Approving Conditional Use Permit x`97012 Regarding a Residential Care Facility for the Elderly (7105 San Gabriel Road: Kunz) WHEREAS, Conditional Use Permit#97012 was denied by the Planning Commission following a Public Hearing held September 16, 1997; and WHEREAS, another Public Hearing was held before the City Council on October 28, 1997 to consider the applicant's appeal of said Planning Commission action; and WHEREAS, at the October 28, 1997 Public Hearing, the City Council found as follows: 1. That the subject residential care facility is consistent with the General Plan because it advances housing',goals of the Housing Element in an manner that conflicts with no Land Use Element policies; and 2. That the subject residential care facility satisfies all applicable provisions of the • Zoning Ordinance because the use is listed as allowable in the zoning district in which it is located and all development standards pertaining to the use will indeed be met; and 3. That the establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use because the requirements of the Uniform Building and Fire Codes coupled with the licensing and inspection requirements of the State Department of Social Services are adequate; and 4. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development because all site improvements are existing and will not be substantially affected be the project or use; and 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with'the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element because residents of the subject care facility would not drive and the number of employees is limited to a few. 900150 Resolution No. 99-97 . Page 2 NOW, THEREFORE, the Council of the City of Atascadero does resolve to approve Conditional Use Permit#97012 subject to the Conditions of Approval attached hereto as Exhibit `A' and incorporated herein by reference. On motion by Councilmember and seconded by Councilmember ' the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney • 800151 ITEM NUMBER: B - 2 DATE: 10/28/97 n leis � ie e CAD�� City Manager's ers A enda Re ort� g p Wade G. McKinley Sewer Extension Reimbursement Agreement: Chauplin Avenue RECOMMENDAtION: Adopt Resolution No. 915-97 approving a Reimbursement agreement with J. Michael Finch for the g construction of sewer lines along Chauplin Avenue. DIS USSION: In conjunction with development of his property, Mr. Finch extended the public sewer along a portion of Chauplin Avenue. In doing so, Mr. Finch provided public sewer access to other properties along Chauplm Avenue. Government Code allows Mr. Finch to apply for reimbursement from property owners benefiting from this extension. Reimbursement is collected from any properties that connect to the sewer extension within 15 years from the date of the agreement. A Public Hearing is required to allow affected property owners the opportunity to ask questions or to voice objections to this action. The Atascadero Municipal Code requires that all properties abandon on-site septic systems and connect to an available) public sewer upon sale of the property or if the septic system requires repairs in excess of$1,000. Pursuant to this agreement, each property would be charged $3372.15 in addition to standard city sewer fees at the time a connection permit is obtained. FISCAL IMPACT:, The city will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total)amount refunded to Mr. Finch. The potential revenue, upon connection of all properties, is$944.20. i ITEM NUMBER: B - 2 DATE: 10/28/97 ALTERNATIVES: Council can choose not to enter into a Reimbursement Agreement with Mr. Finch. Advantages: Staff has no responsibility to track connections in order to ensure reimbursement payment upon connection. Disadvantages: Reimbursement Agreements serve as an incentive to builders to extend a public utility with the knowledge that there is a mechanism to recover a portion of the costs. This alternative is not recommended. The intent of the Government Code is to allow for equalization of changes between all benefiting properties. Without the Reimbursement Agreement Mr. Finch has no method of recovering funds expended for the extension of the sewer line. PREPARED BY: Brady Cherry,Director of Community Services ATTACHMENTS: Resolution No. 95-97 Reimbursement Agreement -9001.53 RESOLUTION NO. 95-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERp APPROVING A REIMBURSEMENT AGREEMENT WITH J.MICHAEL FINCH FOR THE CONSTRUCTION OF SEWER LINES ALONG CHAUPLIN AVENUE WHEREAS, Section 50140 et seq. of the Government Code provides for implementation of',a Reimbursement Procedure; and WHEREAS, the City Council of the City of Atascadero finds that the sewer collection lines constructed by Mr. Finch benefit the adjacent property owners; and WHEREAS,the Reimbursement Agreement between J. Michael Finch and the City of Atascadero: does comply with all requirements of the Reimbursement Procedures; NOW, THEREFORE,IT IS HEREBY RESOLVED as follows: 1. The Reimbursement Agreement with J. Michael Finch for the construction of sewer lines;along Chauplin Avenue is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City. 2. The City Accountant is hereby authorized and directed to disburse any funds collected per the conditions listed in the Reimbursement Agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held October 28, 1997. City of Atascadero By: RAY JOHNSON, Mayor Attest: MARCIAM. TORGERSON City Clerk Approved as to Form: ROY A. HANLEY City Attorney 190015-1 PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO is AND J. MICHAEL FINCH FOR CONSTRUCTION OF THE CHAUPLIN AVENUE SEWER IMPROVEMENTS THIS AGREEMENT is made this day of , 1997, in San Luis Obispo County, California, by and between the City of Atascadero, California, hereinafter referred to as"City", and J. Michael Finch, hereinafter referred to as"Applicant"with reference to the following recitals. A. Applicant has developed certain property within the boundaries of the City, commonly referred to as a portion of Chauplin Avenue; and B. In order to develop The Property, Applicant opted to construct a public sewer extension along Chauplin Avenue to serve The Property. Said service extension is described as follows: Approximately 1300 feet of 8 inch gravity sewer beginning at the intersection of Santa Lucia Avenue and extending 1300 feet west in Chauplin Avenue. C. The public sewer extension will serve adjacent landowners as shown in Exhibit A, as provided in the rules and regulations of the City. D. Said public sewer extension is to be shown on a map attached hereto as Exhibit B. E. The Applicant's cost descriptions in construction of the public sewer extension are described as follows: Description Total Fees and Permits $ 1,539.10 Engineering and Surveying 5,951.75 Inspection and Testing 4,719.25 Construction 35,000.00 TOTAL $47,210.10 F. Applicant has agreed to dedicate, or has dedicated the public sewer extension to the City. x-)00155 . G. The City will reimburse Applicant for part of Applicant's costs in constructing the public sewer extension from adjacent landowners as herein provided. The total reimbursement to the Applicant shall not exceed $46,265.90 which represents total project expenses less Administrative Fee. NOW, THEREFORE, in consideration of the mutual conveyance contained herein, applicant and City Agree as follows: 1. TerrtY The term of this agreement shall be for 15 years from the date it is approved by the City Council of City. 2. Rate of Reimbursement During the term of this Agreement,the City will reimburse Applicant for his costs in constructing the public sewer extension from adjacent landowners pursuant to the methodology described in Exhibit B. The City will collect said amount from each adjacent landowner before permitting said Towner to connect to the public sewer extension. 3. Ad inistrative Costs • o Two percent(2%)of all monies collected pursuant to this agreement shall accrue to the City as administrative fees. 4. Conditions of Reimbursement City's obligation to reimburse Applicant is conditioned on the following: 4.1 Applicant providing City with an engineer's certification that extensions are constructed in substantial conformance with the plans and standard improvement drawings submitted to the City. 4.2 The sewer line extension has been inspected and approved by City. 4.3 Applicable easements have been offered and accepted by the City. 4.4 Applicant providing the City with a detailed accounting, satisfactory to the City of the amounts expended for the construction and installation of the public sewer extension. 4.5 Applicant has provided the City with a maintenance bond, letter of credit or other financial security satisfactory to the City in a sum equal to ten percent(10%)of the cost of constructing the public service extension, or such agreement satisfactory to the City whereby the Contractor and/or it's surety will repair or replace to the satisfaction of the City, any and all such work that may prove defective in workmanship or materials for a one year period, ordinary wear and tear excepted,together with any other work which may be damaged or displaced in so doing. 5. Obligation of City If, for any reason, the reimbursement fee is or becomes legally uncollectible, the City shall not be responsible in any way for collecting the reimbursement fee and/or reimbursing the Applicant for the costs of the public sewer extension. Reimbursement shall be made only when the City collects money from the owners of properties whose buildings are to be connected to the public sewer along Chauplin Avenue notwithstanding any provision of any law, this code, or the Reimbursement Agreement. 6. Place of Payment The City shall make payment to Applicant at: I Michael Finch 6445 North Palm Suite 101 Fresno, California 93704 7. Successors and Heirs This Agreement shall be binding on and shall ensure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. S. Severability Shall any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the court ruling. 9. Captions The captions of the Sections of the Agreement are for convenience and reference only. They shall not be construed to define or limit the provisions to which they relate. • 10. Indemnity Applicant agrees to save, indemnify and hold harmless, the City of Atascadero, its officers, employees and agents, from all liabilities, judgements, costs and expenses, due to any and all activities related to the implementation of the rights and privileges granted in this agreement, except for liabilities,judgements, costs and expenses due to the City's negligence. IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of the day approved by the City Council of the City of Atascadero. AGREED. Date: Alf- Michael Finch Approved by the Council of the City of Atascadero on this day of 0 , 1997. City of Atascadero By: Ray Johnson, Mayor Attest: By: Marcia M. Torgerson, City Clerk Approved as to Form: By: Roy A. Hanley, City Attorney ')00155 • EXHIBIT A CHAUPLIN AVE NUE SEWER EXTENSION REIMBURSEMENT AREA Property Owner* Reimbursement Amount 031-021-006 $3372.15 Kenneth C. &Mary Shaw P.O. Box 9 7500 Santa Lucia Avenue Atascadero, CA 93423 031-021-001 $3372.15 • Ivan&Lois Williams P.O. Box 528 5955 Chauplin Atascadero, CA 93422 031-012-022 $3372.15 Robert&Pat Pinkin 5805 Chauplin Atascadero, CA 93422 031-012-023 $3372.15 Arther&M. Tonneson 5855 Chauplin Atascadero, CA 93422 031-012-024 $3372.15 Joe B.Martin 5725 Chauplin • Atascadero, CA 93422 900159 031-012-025 $3372.15 Charles R. Hill 5625 Chau'lin Atascadero, CA 93422 031-101-001 $3372.15 J. Michael Finch (5760 Chauplin) 6445 N.Palm Suite 101 Fresno, CAS 93704 031-101-011 $3372.15 Ronald&Lynn Ayres 5915 Encino Atascadero, CA 93422 031-101-012 $3372.15 • Tedford Mc Alister 5935 Encino Atascadero, CA 93422 031-101-013 $3372.15 Ronald &Lynn Ayres 5915 Encino Atascadero, CA 93422 031-091-010 $3372.15 J. Michael Finch 6445 N. Palm Suite 101 Fresno, CA 93704 031-091-011 $3372.15 Jack Stinchfield P.O. Box 989 Atascadero, CA 93423 031-091-015 Lot 28 $3372.15 7. Michael Finch 6445 N.Palm Suite 101 Fresno, CA 93704 031-091-015 Lot 29 $3372.15 7. Michael Finch 6445 N.Palm Suite 101 Fresno, CA 93704 *Property owner information current as of the last equalized tax roll. Y 7 9 EXHIBIT B 0 'PSI O25 24 's O O O r� l qL QIs 102 14 rs F _ 0 ' SANTA _ LUCIA L RE NIIRA ITEM NUMBER: C - 1 DATE: 10/28/97 i9is m i e I� CAD�� City Mana er's Agenda Report Wade G. McKhtney Revision to the licontract with the Economic Vitality Corporation (EVC) to provide economic development services. RECOMMENDATION: Adopt Resolution No. 11-97 to revise and update the contract with the Economic Vitality Corporation to provideeconomic development services using 1996 Community Development Block Grant (CDBG) funds. BACKGROUND: On February 11, 1997, the City Council adopted Resolution 16-97; an agreement with the Economic Vitality Corporation to provide economic development services to the City. Pursuant to this agreement, Atascadero participated with the other San Luis Obispo County political jurisdictions in contributing $15,000 to the EVC to establish a regional economic development framework. This was in addition to the CDBG funds that the City allocated to the EVC to administer the revolving loan fund. The contribution was envisioned to come out of the General Fund, hence the wording of the original contract per Resolution 16-97. Since the $15,000 ultimately came from the 1996 CDBG activity for economic activities, the contract should be revised to include the standard CDBG contract language. A new Resolution is attached which will supersede the previously adopted Resolution and incorporate the proper contract terms for project using CDBG funds. FISCAL IMPACTF This action will have no financial impact as it is simply changing the funding from the General Fund to the Community Development Block Grant Fund. The agreement itself has a$15,000 impact which is included in the annual budget. ATTACHMENTS01 Resolution No. 91-97 (supersedes No. 16-97) (includes Consultant Services Agreement) 900163 RESOLUTION NO. 91-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ECONOMIC VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY TO PROVIDE ECONOMIC DEVELOPMENT SERVICES The City Council of the City of Atascadero, California, hereby resolves as follows : 1. The City Manager is hereby authorized to execute an agreement with: The Economic Vitality Corporation to provide Economic Development Services; and all other agreements or documents required to effectuate the terms of agreement. 2 . The City Manager is hereby authorized to make minor correc- tions or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to: Appropriate funds, if necessary, release and expend funds, and issue warrants to comply with the terms of this agreement. 4 . Resolution No. 91-97 shall supersede the previously adopted Resolution No. 16-97 . ON MOTION BY Councilmember , seconded by Councilmember the foregoing resolution is hereby adopted in its entirety 4�nthW following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO CONTENT: ROY A. HANLEY, City Attorney CITY OF ATASCADERO CONTRACT NO. 97036 • AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES THIS AGREEMENT, is made and entered into this day of 1997, by and between the City of Atascadero, a municipal corporation (hereinafter referred to a "City"), and the Economic Vitality Corporation of San Luis Obispo County; a non-profit corporation (hereinafter referred to as"EVC"). WITNESSETH WHEREAS, the incorporated cities of San Luis Obispo County have agreed to participate and support the establishment of a regional economic development effort. WHEREAS, the City of Atascadero desires to diversify and expand its industrial, retail, commercial, recreational and general business services economic base;and WHEREAS,the Economic Vitality Corporation of San Luis Obispo County is charged with the mission"to stimulate the economic',vitality of San Luis Obispo County,generate jobs and increase financial investment within the County by promoting the retention, expansion and attraction of business and industry to the area";and WHEREAS,the EVC is organized for such economic development activities on behalf of the City and in a position to accomplish such goals and purposes of the City in an efficient and economical manner;and WHEREAS, the Government Code of State of California authorizes the expenditure of public funds by a • municipal corporation for economic development activities as therein provided; and WHEREAS, on April ',9, 1996, the City Council approved funding in the amount of $15,000 from the City's Community Development Block Grant(hereinafter referred to as"CDBG")Program, to support the EVC in establishing a regional economic development effort;and WHEREAS, on July 16, 1996, the Department of Housing and Urban Development (hereafter referred to as "HUD") approved ::the 199b One year Action Plan of the Consolidated Plan and approved grant agreement number B-96-UC-06-0508 (hereinafter referred to as"the grant Agreement"); and WHEREAS, pursuant to and as more fully describe in the CDBG Final Statement, the grant funds to be received by City are to be used and expended for preparation of the Project;and WHEREAS, the City went "sole-source" with the EVC to conduct these services because this contract qualifies as"non-competitive"under CDBG regulations section 24CFR 85.36(d)(4)(i)(A); and WHEREAS, the EVC represents itself as specially trained, experienced, expert and competent to perform such special services needed by City. NOW THEREFORE, ih consideration of the premises and covenants and promises hereinafter set forth, the parties hereto hereby agree as follows: 1. That the foregoing recitals are true and correct and constitute statements of fact herein. 2. EVC shall carry on regional economic development activities as follows: a. Employ competent personnel to carry on regional economic development activities herein enumerated. 1 Atascaderoagmt. b. To develop job, employment, training and business opportunities for residents of . Atascadero and San Luis Obispo County, especially for targeted low and moderate income residents;through the retention and expansion of private sector firms. c. To plan and manage economic development implementation activities,programs and projects which would attract the expansion and creation of new firms, and retain and expand existing businesses, including but not limited to those owned by targeted low and moderate income residents of Atascadero and San Luis Obispo County. d. To assist in the preparation and annual update of an economic vision or economic policy for Atascadero and San Luis Obispo County which may include by not be limited to an Overall Economic Development Program, and Economic Element of the General Plan, and other comprehensive economic development policies, strategies, needs assessments, etc. as allowed by CFR part 570.205, sub-part C "Eligible Activities Community Development Block Grant," U.S. Department of Housing and Urban Development. e. To establish and support forums and other mechanisms for maximum feasible participation of residents and stakeholders in the formulation of economic development policy and program recommendations. f. To prepare and submit applications on behalf of the City of Atascadero and/or participating agencies to public and private funding sources for financing, and/or to state and federal agencies for special designations, in support of economic, business and employment development activities. g. To provide research, analysis and recommendations to the Economic Advisory Committee, to government agencies and private organizations on economic development. h. To provide appropriate county-wide business marketing and business expansion activities and to liaison with appropriate local, regional, state and federal agencies and private parties. i. To develop and manage coordinated, competitive program of business incentives to expand and retain desirable firms, including incubators, business parks to accommodate space needs, loan funds to provide financing, employee recruitment and training,technical and management assistance. j. EVC shall furnish semi-annual reports of its activities to City, which shall consist of the activities scheduled for the next six succeeding months and a review of the activities accomplished during the proceeding six months. Said reports shall include a detailed breakdown of all activities that benefit the City of Atascadero. 3. Compensation: The EVC shall be paid $15,000 for the contract as approved by the City Council: one-half shall be paid in advance in March 1997 (or immediately after the City's annual budget is adopted,whichever is later)and the balance due in July 1997. 4. Term of Agreement: This agreement shall become effective on the date of execution hereof by both parties, and shall continue in effect until June 30, 1998; provided, however, that this Agreement shall be renewed by action of the City Council each year hereafter, for periods of one year, commencing July 1 though June 30 of the succeeding year, by action of the City Council budgeting funds as provided in Paragraph 4 hereof, and EVC's acceptance thereof of said budget allocation. 5. Termination of Agreement for Cause: If City determines that the EVC has incurred obligations or made expenditures for purposes which are not permitted or prohibited under the terms and provisions of this Agreement, or if City determines that the Contractor has failed to fulfill its obligations under this Agreement, or if City is given notice by HUD, that HUD is terminating its Grant Agreement with the City, of if the EVC should be adjudged to be bankrupt,or if the EVC makes a general assignment for the benefit of the EVC's creditors, or if a receivers should be appointed in the event of the EVC's insolvency, then City shall 2 Atascaderoagmt. X00.16 c� have the Might to terminate this Agreement effective immediately upon giving written notice thereof to'the EVC. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to effective date of such termination. Subject to the availability of CDBG funds, the EVC shall be paid for all work satisfactorily completed under the terms of this Agreement prior to the effective date of termination. If City's termination of the EVC for cause is defective for any reason, including but not limited to City's reliance on erroneous facts concerning the EVC's performance, or any defect in the notice thereof, City's maximum liability shall not exceed the amount payable to the EVC under paragraph four(4)of this Agreement. 6. Termination for Convenience: This Agreement may be terminated by either party upon thirty (30) days prior written notice. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. Upon termination, Contractor shall be entitled to retain compensation for all services rendered in conformance with this agreement up to the date of termination. This agreement may be amended or modified only by written agreement signed by both parties, with the exception of the procedure outlined in Paragraph 4. Failure on the part of either party to enforce any provision of this Agreement shall be construed as a waiver of the right to compel enforcement of such provision or provisions. 7. Sources apd Availability of Funds: It is understood by the parties hereto that the funds being used for the purposes of this Agreement are funds furnished to the City through HUD pursuant to the provisions of the Act. Notwithstanding any other provision of this Agreement,the liability of City shall be limited to CDBG funds available for the Project. The EVC understands that City must wait for release of funds from HUD before grant funds may be paid to EVC. City shall incur no liability to the EVC, its officers, agents, employees, suppliers,or contractors for any delay in making any such payments. 8. Reimbursement of Improper Expenditures: If at any time within applicable statutory periods of limitation, it is determined by City or by HUD or its duly authorized representatives that funds provided for under the terms of this Agreement have been used by or on behalf of the EVC in a manner or for purposes not authorized or prohibited by said Act or regulations adopted pursuant thereto the EVC shall, at City's request, pay to City an amount equal to one hundred percent of the amount improperly expended. 9. Employment Status: The EVC shall, during the entire term of this Agreement, be construed as an independent contractor, and nothing in this Agreement is intended nor shall be construed,to create an employer-employee relationship or joint venture relationship. Neither the EVC nor any of the EVC's agents, employees or contractors are or shall be considered to be agents',or employees of the City of HUD in connection with the performance of the EVC's obligations under this Agreement. 10. Records: a) All records,accounts,documentation and all other materials relevant to a fiscal audit or examination, as specified by the City of HUD, shall be retained by the EVC for a period of not less than three (3) years from the date of the termination of this Agreement. b) If so directed by the City or HUD upon termination of this Agreement, the EVC shall cause all records, accounts, documentation and all other materials relevant to the work to be delivered to the City or HUD as depository. c) The EVC understands that the EVC shall be the subject to the examination and audit of the City Auditor-Controller and or the Auditor General for a period of three (3) years after the final payment under this Agreement. 11. Audit: i 3 Atascaderoagmt. a) All records,accounts,documentation and other material deemed to be relevant to the . Project by the City or HUD shall be accessible at any time to the authorized representatives of the City, state or federal government, on reasonable prior notice, for the purpose of examination or audit. b) An expenditure which is not authorized by this Agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the City or its designee by the EVC. Expenditures for work not described in paragraph (2) of this Agreement shall be deemed authorized if the performance of such work is approved in writing by the City or HUD prior to the commencement of such work. c) Absent fraud or mistake on the part of the City or HUD, the determination by the City and State of allowability of any expenditures shall be final. 12. Indemnification: The EVC shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, judgments, or liability occasioned by the performance or attempted performance of the provisions hereof, or any way arising out of this Agreement, including, but not limited to, those predicated upon theories of violation of statute, ordinance or regulation, violation of civil rights, any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board with respect to the EVC's "independent contractor" status that would establish a liability for failure to make social security and income tax withholding payments, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the EVC or of agents, employees, or independent contractors directly responsible to the EVC;providing further that the foregoing obligations to defend, indemnify and save harmless shall apply to any wrongful acts,or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the EVC, its agents, employees, or independent contractors and the City, its agents, employees, or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require indemnification for claims, demands, damages, costs, expenses or judgments resulting solely 0 from the conduct of the City. 13. Insurance: The EVC shall obtain and maintain for the entire term of this Agreement and the EVC shall not perform any work under this Agreement until the EVC has obtained comprehensive general liability insurance, in companies acceptable to the City, and authorized to issue such insurance in the State of California. Said insurance shall consist of the following: a) Liability Insurance- The EVC shall maintain in full force and effect, for the period covered by this Agreement, comprehensive liability insurance. This comprehensive general and automobile liability insurance shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property, resulting from any act or occurrence, arising out of the EVC's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amount of insurance shall be not less than one million ($1,000,000) combined single limit coverage for bodily and personal injury, including death resulting therefrom, and property damage. The following endorsements shall be attached to the policy: 1) If the insurance policy covers an "accident" basis, it must be changed to "occurrence." 2) The policy must cover personal injury as well as bodily injury. 3) Blanket contractual liability must be afforded and the policy must contain a cross liability or serverability of interest endorsement. 4) The City, its officers, agents and employees shall be named as additional insured under the policy, and the policy shall provide that insurance will 4 Atascaderoagmt. 100168 • operate as primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss hereunder. b) Workers' Compensation Insurance-In accordance with the provisions of labor Code Section 3700, the EVC is required to be insured against liability for workers' compensation or to undertake self-insurance for any individuals working as employees of the EVC. The EVC agrees to comply with such provisions before commencing the performance of the work under this Agreement. c) The following requirements shall apply to all insurance provided by the Contractor: 1) A certified copy of each insurance policy and a certificate of insurance shall be furnished City within sixty (60) days after execution of this Agreement. A certificate alone is not acceptable. Provided, however, a certificate of insurance shall be furnished City prior to approval of any payments by the Auditor-Controller of the City pursuant to this Agreement. 2) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspects without thirty (30)days prior written notice to City. 3) Approval of insurance by City shall not relive or decrease the extent to which the EVC may be held responsible for payment of damages resulting from the EVC's services or operations pursuant to this Agreement. d) I'f the EVC fails or refuses to procure or maintain the insurance required by this paragraph, or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, City shall have the rights, at City's election,to forthwith terminate this Agreement. 13. Equal Employment Opportunity: During the performance of this Agreement, the EVC agrees it will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and specifically agrees to comply with the provisions of Section 202 of Presidential Executive Order No. 11246. 14. Entire Agreement and Modification: This Agreement sets forth the full and entire understanding of the parties regarding the matter set forth herein, and any other prior or existing understandings or Agreements by the parties, whether formal or informal, regarding any matters are hereby superseded or terminated in their entirety. No changes, amendments, or alterations shall be effective unless in writing and signed by all parties hereto. The EVC specifically acknowledges that in entering into and executing this Agreement, the EVC relies solely upon the provisions contained in this Agreement and no others. 15. Funding ,or Additional Services: Funding of any programs, projects, or services beyond the term of this Agreement, by any new Agreement or amendment or extension of this Agreement, have not been authorized and will depend upon City's determination of satisfactory performance of this Agreement by the EVC and upon availability to City of additional grant funds allocated for such purposes. Neither City nor any employee of City has made'.:any promise or commitment, express or implied, that any additional funds will be paid or made available to the EVC for the purpose of this Agreement over and above the funds expressly allocated under the terms of this Agreement. 16. Contractors and Subcontrators: The EVC agrees to, and shall require its subcontractors to agree to: a) perform the work in accordance with federal, state and local housing and building codes as applicable. b) Comply with the Labor Standards described in 24 CFR 570.603 and with the provisions of the California Labor Code,as applicable. c) Comply with the applicable Equal Opportunity Requirements described in 24 CFR 570.607 5 Atascaderoagmt. d) Maintain at least the minimum state-required workers' compensation insurance for those employees who will perform the work or any part of it. e) Maintain, if so required by law, unemployment insurance, disability insurance and liability insurance in an amount determined by the State which is reasonable to compensate any person, firm,or corporation who may be injured or damaged by the EVC or any subcontractor in performing the work or any part of it. 17. Compliance with City and State Laws and Regulations: The EVC agrees to comply with all federal laws and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity and all other matters applicable to the EVC and the work. 18. Compliance with Federal Laws and Regulations: The EVC agrees to comply with all federal laws and regulations applicable to the CDBG program and to the Project. 19. No Assignment Without Consent: Inasmuch as this Agreement is intended to secure the specialized services of the EVC, the EVC shall not have the right to assign or transfer this Agreement,or any part hereof or monies payable hereunder,without the prior written consent of City, and any such assignment or transfer without the County's prior written consent shall be considered null and void. 20. Law Governing and Venue: This Agreement has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in San Luis Obispo County, and such County shall be that venue for any action, or proceeding that may be brought,or arise out of, in connection with or by reason of this Agreement. 21. Enforceability: If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 22. Binding on Successors in Interest: All provisions of this Agreement shall be binding and their heirs,assigns and successors in interest. 23. Effect of Waiver: City's waiver or breach of any one term, covenant or other provision of this Agreement shall not be a waiver of subsequent breach of the same term, covenant or provision of this Agreement or of the breach of any other term, covenant or provision of this Agreement. 24. Patents and Royalties: a) EVC shall provide and pay for all licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the Project. Certificates showing the payment of any such licenses or royalties,and permits for the use of any patented or copyrighted devices shall be secured and paid for by the EVC and delivered to the City upon completion of the Project, if required. b) EVC shall assume all costs arising from the use of patented materials, equipment, devices, or processes used in or incorporated in the Project and agrees to indemnify and hold harmless the City and its duly authorized representatives, from all suits of law,or actions of every nature for or on account of the use of any patented materials, equipment,devices,or processes. 25. Cost Disclosure-Documents and Written Reports: Pursuant to Government Code section 7550, if the total cost of this contract is over $5,000, the EVC shall include in all final documents and in all written reports submitted a written summary of costs, which shall set forth the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The Contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. 6 Ataseaderoagmt. ` 001170 When multiple documents or written reports are the subject or product of contracts, the disclosure section may also contain a statement indicating that the total contract amount represents compensation',for multiple documents or written reports. 26. Notices: I Unless otherwise provided, all notices herein required shall be in writing, and delivered',in person or sent by United States first class mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Manager, City of Atascadero, 6500 Palma Avenue,Atascadero, CA 93422. Notices required to be given to the EVC shall be addressed as follows: Economic Vitality Corporation of San Luis Obispo County, Inc.,PO Box 5257, San Luis Obispo,CA 93403-5257. Provided that any party may change such address notice in writing to the other parties and thereafter'notices shall be transmitted to the new address. IN WITNESS''WHEREOF,the parties hereto have executed this Agreement to be executed as of the day and year first above written. Dated: CITY OF ATASCADERO Robert Grogan,Interim City Manager ATTEST: ECONOMIC VITALITY CORPORATION OF MARCIA M.TORGESON,City Clerk SAN LUIS OBISPO COUNTY APPROVED AS TO FORM: ROY A. HANLEY,Deputy City Attorney GREG G WIN,President/CEO 7 Atascaderoagmt. ITEM NUMBER:C-2 A B &C DATE: 10 8 7 -1 City Manager's Agenda Report Wade G. McKinli y Public Employees' Retirement System (PERS) Contract Amendment Adding the Fourth Level of the 1959 Survivor Benefit for Safety Members RECOMMENDATION: Staff recommends Council: A. Adopt Resolution No. 96-97 , setting forth the City's intention to amend the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Atascadero, to increase the 1959 Survivor Benefit to the Fourth Level, for Safety members. B. Adopt Ordinance No. 336, amending the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Atascadero, to increase the 1959 Survivor Benefit to the Fourth Level, for Safety members. Waive the reading in full and introduce it on first reading by title only. C. Authorize the Malyor execute an Agreement to Pool 1959 Survivor Benefits Assets and Liabilities between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Atascadero, to comply with the terms of the agreement between the City and the Safety members. DISCUSSION: The City is amending the PERS contract to increase the level of the 1959 Survivor Benefit to the Fourth Level, per the terms of the Memorandums of Understanding (MOU) with the Safety Members through the Police and Fire Bargaining Units. This benefit is for survivors of a member who dies prior to retirdmient. Safety members are currently at Level Two. Although it is an "employer" cost, the safety employees have agreed through their MOU to pay for the additional cost of this benefit. As a condition of our contract with PERS, two groups are recognized when implementing changes in benefits, Miscellaneous and Safety. Any changes in benefits for a group, affects the entire group. Safety mombers are made up of sworn police and fire personnel. All other employees are covered in PERS as Miscellaneous members. )001'72 ITEM NUMBER:C-2,A, B &C DATE:—. IN07 7 FISCAL IMPACT: The Fourth Level benefit is an Employer-paid benefit under PERS law. However, PERS has a provision that allows agencies to enter into a separate contract (e.g. an MOU/Agreement) with the affected group(s) . Employees can elect to pay for the benefit under the terms and conditions of the agreement. The funding for the 1959 Survivor Benefit is pooled throughout all participating agencies in California. This results in a surplus of assets for the Fourth Level, which amounts to $17,599, for our agency. PERS requires that this surplus be used to pay the employer cost as long as it lasts. It is estimated to last five (5) years. Once the surplus is depleted, per the agreement with the employee groups, the cost will be paid by each employee that is a safety member. That cost is $8.50 per month, per member. PREPARED BY: Wade G. McKinney City Manager ATTACHMENTS: Resolution No. 96-97 and Exhibit Ordinance No. 336 and Exhibit Pooling Agreement 900173 RESOLUTION NO.96-97 • RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLI',C EMPLOYEES'RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ATASCADERO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and heir employees to amendments to said Law: and WHEREAS, one of the'steps in the procedures to amend this contract is the adoption by the governing bodyof the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members. NOW, THEREFORE, BE IT RESOLVED, that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy ',of said amendment being attached hereto, Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council'';of the City of Atascadero, as an"Exhibit" and by this reference made a part thereof. • On motion by Cbuncilperson, 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, CA By RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: • ROY A. HANLEY, City',Attorney r)0 01"7.x} PAGE 1 OF 3 EXHIBIT AMENDMENT TO CONTRACT TO RESOLUTION 96-97 BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ATASCADERO The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective April 19, 1980, and witnessed March 19, 1980, and as amended effective July 1, 1980, April 30, 1983, January 7, 1984, July 1, 1990, November 9, 1991, April 12, 1992 and August 29, 1992 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective August 29, 1992, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement • Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 19, 1980 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). I)O OIL'7 5 PAGE 2 OF 3 EXHIBIT TO RESOLUTION NO. 96-97 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. This contract shall be a continuation of the benefits of the contract of the Atascadero Fire Protection District, hereinafter referred to as "Former Agency", pursuant to Section 20567.2 of';the Government Code, Former Agency having ceased to exist and having been required by law to be succeeded by Public Agency on July 1, 1980. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed said Section effective January 1, 1988. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21353 of said Retirement Law(2% at age 60 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law(2%at age 50 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. b. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local miscellaneous members only. C. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. d. Section 20903 (Two Years Additional Service Credit). 9. Public Agency, in accordance with Government Code Section 20834, shall not be considered'; an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. PAGE 3 OF 3 EXHIBIT TO RESOLUTION NO. 96-97 11. Public Agency shall also contribute to said Retirement System as follows: a. Per covered member, $8.50 per month on account of the liability for the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required bylaw. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. . 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of ' 19 BOARD OF ADMINISTRATIb CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF ATASCADERO ' BY BY ... KENNETH W. MAIq-IbN, CHIEF PRESIDING OFFICER ` a' ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLQ)�EES' RETIREMENT SYSTEM Pr"d' Witness Date Attest: Pr,J Clerk ` AMENDMENT t PERS-CON-702A(Rev.8\96) 000177 ORDINANCE NO. 336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ATASCADERO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City of Atascadero does ordain as follows: Section 1. That the amendment to the contract between the City Council of the City of Atascadero and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a dopy of said amendment being attached hereto, Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Atascadero, marked Exhibit, and by such reference made a part;thereof herein set out 1n full. Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect 30 days after its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Atascadero News, a newspaper of!general circulation, thereafter the same shall be in full force and effect. Adopted and approved this day of , 1997. RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGER�ON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY City Attorney • 9001'78 PAGE 1 OF 3 EXHIBIT AMENDMENT TO CONTRACT TO ORDINANCE 33�' BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ATASCADERO The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective April 19, 1980, and witnessed March 19, 1980, and as amended effective July 1, 1980, April 30, 1983, January 7, 1984, July 1, 1990, November 9, 1991, April 12, 1992 and August 29, 1992 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective August 29, 1992, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement . Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 19, 1980 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 0001'73 77 7 PAGE 2 OF 3 EXHIBIT TO ORDIN. 336 . 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. This contract shall be a continuation of the benefits of the contract of the Atascadero Fire Protection District, hereinafter referred to as "Former Agency", pursuant to Section 20567.2 of the Government Code, Former Agency having ceased to exist and having been required by law to be succeeded by Public Agency on July 1, 1980. Public Agency, by, this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed said Section effective January 1, 1988. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21353 of said Retirement Law(2% at age 60 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section • 21362 of said Retirement Law(2% at age 50 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. b. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local miscellaneous members only. C. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. d. Section 20903 (Two Years Additional Service Credit). 9. Public Agency, in accordance with Government Code Section 20834, shall not be considered 'an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. u �irab.r 9{ PAGE 3 OF 3 EXHIBIT TO ORDINANCE NO. 3 6 11. Public Agency shall also contribute to said Retirement System as follows: a. Per covered member, $8.50 per month on account of the liability for the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of ' 19 A BOARD OF ADMINISTRATION '' CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF ATASCADERO BY BY KENNETH W. MARZION, CHIEF PRESIDING OFFICER ,< ACTUARIAL &EMPLOYER SERVICES DIVISION M`.a PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date • Attest: er o > Y3 Clerk AMENDMENT �) 8 PERS-CON-702A(Rev.8U6) AGREEMENT TO POOL 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ATASCADERO WHEREAS, Government Code Section 21574 provides for a single employer rate to be established to provide benefits under said Section on account of members employed';by contracting agencies electing to include the provision of said Section in their contracts; and WHEREAS, Government Code Section 21574, requires pooling of all assets and liabilities of all contracting agencies subject to said Section; . NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Atascadero and its covered employees shall be pooled pursuant to the provisions of Government Code Section 21574. BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES.' RETIREMENT SYSTEM OF THE CITY OF ATASCADERO BY BY KENNETH W. MARZION, CHIEF PRESIDING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Date PERS-CON-59(Rev.7/96) `I©01S2 ITEM NUMBER: C -3 DATE: 10/28/97 I min me 1918 18 9 City Manager's Agenda Report Wade G. McKinney Stadium Park Public Use Policies RECOMMENDA'T'ION: Approve Resolution#92-97, adopting the proposed Short-term Stadium Park Rules and Public Use Policies. DISCUSSION: Background: On Thursday, June 19, 1997, the Parks and Recreation Commission established a Sub-Committee to develop Short-term Stadium Park Rules and Public Use Policies. The Stadium Park Sub-Committee included the following individuals: Lindsey Hampton(Chair) Atascadero Land Preservation Society Marge Mackey'',' Atascadero Land Preservation Society Eric Greening Atascadero Native Tree Association Rick Mathews Atascadero Native Tree Association Dugald Chisholm Stadium Park Neighbor Irene Bishop Stadium Park Neighbor Geoff English ! City of Atascadero/Recreation Kelly Heffernoti City of Atascadero/Planning Peter Gaw City of Atascadero/Fire The Sub-Committee net several times over a two month period and developed a list of nine (9) recommendations, including a list of seven(7)rules for Public Use of Stadium Park. A copy of the report from the Sub-Committee is attached. The recommendations of the Sub-Committee are intended for the short-term,the general consensus was to leave Stadium Park "as is" until a long-range master plan is developed. The long-range master plan would dictate what, if any,permanent improvements would be made to Stadium Park. The members of the Sub-Committee were hesitant to recommend any improvements until after the long-range plan is completed. The Sub-Committee Report does not address the Fire Department's recommendation to improve the trail exiting Stadium Park to the southeast which could serve as an emergency exit in the event of a fire. 6)00183 ITEM NUMBER: C -3 DATE: 10/28/97 Given the existing conditions of Stadium Park, it should be emphasized that the proposed policies are being recommended for interim use only, and do not imply how the property should be used in the future. Large public assemblies in Stadium Park under existing conditions are not advisable until policies and improvements are made to accommodate such gatherings. On August 21, 1997, the Parks and Recreation Commission reviewed this issue and voted unanimously to approve the Sub-Committee's Draft Report. In addition,the Commission encouraged the development of the long-range master plan. Analysis: The Commission with assistance from the Sub Committee recommended the following rules for Stadium Park: 1. Stadium Park is available for unrestricted hiking. All other public gatherings must be approved by the Director of Community Services prior to the event. All public gatherings,regardless of size, are required to conform to these established rules and policies. Note: All public use may be restricted during fire season. 2. No smoking or open flames are allowed within the Stadium Park boundaries. 3. No publicly advertised gatherings are allowed in Stadium Park. 4. Park users are responsible for trash removal at the end of each event or visit. 5. The Community Services Department will be responsible to complete annual weed abatement in accordance with City regulations and in cooperation with the Atascadero • Native Tree Association for the purpose of identifying and protecting seedlings and other flora as necessary. Pink tubes used for the purpose of protecting Oak seedlings should not be disturbed. 6. Only authorized and emergency vehicles are allowed in Stadium Park and are restricted to the access road only. 7. PARK USERS SHOULD BE AWARE THAT STADIUM PARK IS AN UNIMPROVED FACILITY WITHOUT ANY TYPICAL PARK AMMENITIES. NO RESTROOMS NO WATER NO TABLES NO PAVED ACCESS NO TELEPHONE. These rules will provide necessary tools to City Staff regarding the use of Stadium Park. While Staff will maintain the current level of oversight regarding the park, these rules will provide for a more clear City position making the Staff function easier. Staff recommends that the Parks and Recreation Commission begin to work with the staff and the community to develop a master plan to determine the future uses and policies for Stadium Park. It should be noted that some general intended uses for Stadium Park are already identified in the general plan. The General Plan refers to the historic uses of Stadium Park for cultural and recreational purposes. ')o€)184 ITEM NUMBER: C -3 DATE: 10/28/97 • FINANCIAL IMPACTS: Several of the recommendations including weed abatement, a survey of the access road, development of the ma§ter plan, seedling protection and the preparation of a public hand-out, will require some resources. Currently,the City of Atascadero does not have a budget for Stadium Park operations and maintenance and any funding for the Sub-Committee's recommendations will require outside sources of money as well as donations of labor, services and materials. The adoption of these rules will not have a direct financial impact as the Staff oversight function will not change. PREPARED BY: Brady Cherry, Community Services Director ATTACHMENTS: Resolution No. 92-97 Ad-Hoc Committee"Short-Term Planning for Stadium Park" Environmental Description- Stadium Park Historical Overview of Pine Mountain Stadium Park Map - Stadium Park Parks &Recreation Commission Meeting Minutes, 6/19/97 )00185 RESOLUTION NO. 92-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA . AUTHORIZING THE SHORT-TERM STADIUM PARK RULES AND PUBLIC USE POLICIES WHEREAS, The City owns Stadium Park, which is available for public use; and WHEREAS, The City desires to establish interim rules regarding the use of the Park to govern said use until such time as a long-term use plan can be developed; and WHEREAS, The City desires to protect the natural asset of Stadium Park; NOW, THEREFORE, The City Council of the City of Atascadero hereby resolves to approve the following: Stadium Park Subcommittee Recommendations for Stadium Park Short-Term Public Use Rules and Policies 1. Stadium Park is available for unrestricted hiking. All other public gatherings must be approved by the Director of Community Services prior to the event. All public gatherings, regardless of size, are required to conform to these established rules and policies. Note: All public use maybe restricted during fire season. 2. No smoking or open flames are allowed within the Stadium Park boundaries. 3. No publicly-advertised gatherings are allowed in Stadium Park. 4. Park users are responsible for trash removal at the end of each event or visit. 5. The Community Services Department will be responsible to complete annual weed abatement in accordance with City regulations and in cooperation with the Atascadero Native Tree Association for the purpose of identifying and protecting seedlings and other flora as necessary. Pink tubes used for the purpose of protecting oak seedlings should not be disturbed. 6. Only authorized and emergency vehicles are allowed in Stadium Park and are restricted to the access road only. 7. PARK USERS SHOULD BE AWARE THAT STADIUM PARK IS AN UNIMPROVED FACILITY, WITHOUT ANY TYPICAL PARK AMENITIES—NO RESTROOMS NO WATER NO TABLES,NO PAVED ACCESS NO TELEPHONE.' 900186 Resolution No. 92-97 Page 2 of 2 ON MOTION BY Councilmember seconded by Councilmember the foregoing resolution is hereby adopted in its entirety on the following roll- call vote`. AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO ATTEST: RAY JOHNSON, Mayor MARCIA M. TORGERSON, City Clerk APPROVED AS TO CONTENT: ROY A. HANLEY, City Attorney i 900187 AD HOC COMMITTEE "SHORT-TERM PLANNING FOR STADIUM PARK" To: Atascadero Community P Services Department • Brady Cherry, Director From: Ad hoc committee: Lindsay Hampton (chair), Geoff English, Eric Greening, Irene Bishop,Kelly Heffernon, Rick Mathews, Marjorie Mackey, Peter Gaw, Dugald Chisholm Date: August 7, 1997 This committee was formed upon request of the Parks and Recreation Commission to provide recommendations regarding immediate and short-term planning for Stadium Park. The committee met at City Hall on July 10, July 23, and August 7, 1997. In addition to the personal input of members, the committee reviewed a_set of recommendations from the Atascadero Fire Department, which were discussed by Fire Captain Peter Gaw. Stadium Park provides many current and potential assets to the City, and it also presents some problems. The.,committee recognized that a long-range plan for Stadium Park will be necessary. The lack of such a plan was considered in the development of these immediate and short-range recommendations. Stadium Park is valuable to the City of Atascadero and its citizens. The presence of an undeveloped parcel of relatively"wild" land close to the downtown area is quite unique. The park clearly has historical and environmental value to the city. It has some limited current recreational value. Depending on the final plan which is decided upon, it has potential for expanded recreational value and could serve as an additional attraction for out-of-town visitors. Lacking such a master plan for Stadium Park, this committee offers the following recommendations. 1. At present, lacking a master plan for Stadium Park, the land should be left undeveloped. The master plan must address such issues as tie environment,. Highway 41 realignment, and the types of uses the citizenry would like for this resource. 2. The committee did not have enough information to address the Fire Department recommendations at this time. A survey to determine the exact location of the easement to the park should be conducted as soon as possible and is seen as an absolute necessity before any action is taken on those recommendations. Ms. Mackey has indicated that two civil engineers are willing to volunteer to do this for the City. Any road improvements, such as those proposed by the Fire Department, should be done in the context of an established long-range plan. 3. Atascadero NativeTree Association(ANTA) should proceed with its volunteer i efforts to protect native oak seedlings and any other significant native flora. 900188 4. Stadium Park is not ready for wide-scale public use at this time. It is appropriate for small family, group, or educational gatherings, for hiking, and for environmental outings. 5. Weed abatement should be postponed until 1998. Perimeter weed abatement should be accomplished annually, in accordance with City regulations, and in consultation with ANTA. Decisions regarding non-perimeter weed abatement should involve''collaboration between Atascadero Native Tree Association and the Community Services Department. 6.. At least one durable sign should be prominently posted within the"bowl" area, stating that smoking and open flames are not allowed. 7. Looking toward the future, a brochure regarding-Stadium Park should be developed, to include: rules and policies; historical overview; and environmental description of the park's flora and fauna. Atascadero Native Tree Association and Atascadero Historical Society are willing to assist in the development of such a brochure. 8. Stadium Park Should be available now for unrestricted hiking. All other public gatherings must be approved by the Department of Community.$ervices prior to the event. All 'gatherings, regardless of size, should be required to conform to the list of proposed rules and policies presented below. This information should be available to the public, especially anyone wanting to use the park. It should be made clear that all public use may be restricted during fire season, depending on conditions. 9. The proposed rules and policies to be made available to the public are as follows: A 1. Stadium Park is available for unrestricted hiking. All other public gatherings must be approved by the Department of Community Services prior to the event. _ All public gatherings, regardless of size, are required to conform to these established rules and policies. Please note that all public use may be restricted during fire season. 2. No smoking or open flames are allowed within the Stadium Park boundaries. 3. No publicly advertised gatherings are allowed in Stadium Park. 4. Park users are responsible for trash removal at the end of each event or visit. Please take;out everything you brought with you, and more if previous visitors were less considerate. 5. The pink tubes which can be seen in the park are for the purpose of protecting oak-seedlings for future generations. Please do not disturb them. 6. Only authorized and emergency vehicles are allowed in Stadium Park, and they are restricted to the access road only. 7. Park users should be aware that STADIUM PARK IS AN UNIMPROVED • FACILITY WITHOUT ANY TYPICAL PARK AMENITIES. THERE ARE NO RESTROOMS, NO WATER, NO TABLES, NO PAVED ACCESS, AND NO TELEPHONE. However, THERE IS AN ABUNDANCE OF POISON OAK, SO PLEASE BE CAREFUL! `)00199 ENVERONMENTAL DESCRIPTION STADIUM PARK by Eric Greening Most of the trees in Stadium Park are California Blue Oaks (Quercus douglasii)..This drought-resistant deciduous species does develop a blue-gray cast to its foliage by late summer as the cell walls thicken to conserve precious moisture. Q.douglasii's range, entirely within California, makes up a sort of"bathtub ring" around the Central Valley, encompassing the Sierra Nevada Foothills and the Inter-Coast Ranges. In the drier parts of its range, it grows widely-spaced, but in wetter areas such as Atascadero, it grows in thick stands, particularly on north-facing slopes such as those that make up much of Stadium Park. Blue Oaks are rather slow-growing, and the larger ones in the Park are several hundred years old. You will notice few saplings in proportion to the number of adults and seedlings -- a problem that exists in many,parts of their range. The plastic tubes that look like stovepipes emerging from the ground represent an attempt by the Atascadero Native Tree Association to protect volunteer seedlings from deer browsing and thus increase their chances of reaching adulthood. Perhaps the number and voracity of deer have increased due to lower predator populations. Competition with thirst-induced increases in the rodent population may be other factors in the lack of saplings. There is a lot to learn about Blue Oaks and their needs, and Stadium Park is an excellent place for observation and study. A Companions of the Blue Oaks include a few Coast Live Oaks (Quercus agrifolia), Foothill pines(Pinus sabiniana), and the ever-present poison oak. It is envisioned that regardless of what amenities may ultimately be introduced into Stadium Park, the bulk of its area will remain fundamentally natural. 900190 . HISTORICAL OVERVIEW OF PINE MOUNTAIN STADIUM PARK by Marge Mackey Stadium Park has been a center of social activity in Atascadero since the founding of our town. In the early days (1915 to 1926) church services , conventions, musical concerts, and productions of many types were held there. Barbecues, lodge festivities and dances filled the natural bowl with joyful sounds. The acoustics were said to be perfect for the performances which wr ere held in this beautiful setting. , A stage was built around the large oak tree in the center of the base of the natural bowl, providing a good vier:for those who watched the performances from the surrounding hillsides. Some sat on benches or chairs nearer the stage but many used the shelves cut into the hillsides. Cars drove into the bowl at that time. The Southern California Editors Convention met at Stadium Park in 1916 and again in 1921. These editors were impressed by what had already been accomplished for the first convention and then, Rive years later, at how much more had been done! Atascadero's Founder, E.G. Lewis,':put out special editions of the Illustrated Review to report all the glowing reviews the editors were writing in their papers about Atascadero! Other conventions held here included YMCA Secretaries, Postal Workers, American Woman's League ( a suffragette organization started by Mr. Lewis in his University City days) and many more. At least one wedding was held in the bowl. In 1915, Harcourt Mitchell and Rose Burman were married on the platform in a very social event. Rose was Mable Gertrude Lewis' niece, a very beautifulyoung woman, and her groom was the son of a competing editor and land developer who put out the Atascadero Times and-was developing Eaglet,'a virtual island, in the area of Arcade and El Camino Real. Mable Grace Lewis was the issue of this marriage,'which was not a long term relationship. In 1926 after Mr. Lewis'bankruptcy much of Stadium Park's cultural activity had stopped so the platform was moved to the Atascadero Lake, where it was used as a dance floor. That was the beginning; of the Lake Pavilion. In the 1940's, the Poole twins (Myrlan and Dale)bought the bowl and later used it for an Archery Range and Club. They held ownership until , when,they sold the property to Mr. Fluitt who owned'';it until purchased by the City. During the 60's, 70's and 80's it was used through the Poole's and Mr. Fluitt by various groups. The Community Church held their 50-year celebration in 1965. At least one year the Community held a'Sunrise Service for Easter in the bowl. The Historical Society had at least one picnic in the bowl and I took brownies up there when my children were younger. 900191 rlOL�Nq 0 K ® AMµIG Of �-y �1T Bts+,oP a�s�ro? j j / s 43 ! j b►�� rp,V E PI �.�'Com{ tel• � M� R P -,OA" nt r (zt 4. s VMSLEA . DyF .�, "� 33 �c , • � - Z'7 pr • i�t'�o��5 1 4 PARKS & PRECREATION COMMISSION MINUTES, 6/19/97 also allocated $15,000';to enable the City to start working on some of the higher priority items. Mr. Cherry said)he would also request a certain percentage of the City of Atascadero's Community Development block grant funds to be set aside to fund the transition plan, capital improvement program, etc. The goal is to be in compliance within three years. Christy Lloyd reiterated the comments made by Susan Rubble concerning the enterpretering needs at the police department and fire department. She feels that three years is a long time to have to wait for results, and would like to have someone check with the police and fire to see if there is any training presently being offered. Eric Greening also noted another area of concern of recognizing people with non- convulsive forms of epilepsy. With a complex partial seizure, a person can actually be partially or fully unconscious and still be walking and be misunderstood. He also said that he knows of no problems with the Atascadero police, but did not know if they had ever been confronted With the problem. Brady Cherry said he would check with acting Police Chief Watton to see what kind of training his staff and officers have and to make them aware that there are resources to educate and sensitize his department. Commissioner Hood moved to forward the draft ADA Self-Evaluation and Transition Plan to the City Council to hold subsequent hearings. Seconded by Commissioner Butz. Motion carried -'7 Ayes; 0 Nos. ITEM 6 -NEW BUSINgSS: ITEM 6A-STADIUM PARK--SHORT TERM PUBLIC USE POLICIES: Geoff English presented his report on Stadium Park. Lindsay Hampton, Chairperson of the Ad Hoc Committee on Stadium Park usage policies, commented on the committee's report. Michaele Pierce, who lives near the Stadium Park asked to have the "short term" plan explained, and she also had concerns about the fire control during the short term period. Ms. Hampton stated that the short term would mean one to two years. Regarding the fire control, they will cot fire paths,do weed abatement, there will be no smoking and there will be control on: groups allowed into the stadium through the Community Services Department.'' Someone from the audience also mentioned the poison oak. Chairperson Beatie commented that if this,is to be a nature reserve, poison oak will have a place at stadium park. But for short term, we can just warn people of its presence. Vicki England asked for details about the Fire Department's recommendations on the park usage at this time. According to Ms. Hampton, a previous report was presented to the Parks and Recreation Commission concerning the Fire Department's recommendation. Livia Kellerman commented about the gate presently up and wondered about an additional smaller gate for walkers and hikers. Chairperson Beatie commended the hard work that the committee put into the report. 000193 PARKS & RECREATION COMMISSION_ MINUTES, 6/19/97 Sandra Mason was concerned about the poison oak and asked who would determine if • poison oak is a weed. Chairperson Beatie asked Ms. Mason if she would be willing to be on a committee to help to make that determination, and Ms. Mason said yes. Jennifer(no last name) recommended putting up a gate and a"closed"sign in an attempt to keep the traffic through the park to a minimum. Ms. Hampton said there is a gate and it is locked, because the off-road vehicles have damaged the hillside. Anyone who wants to hike will probably climb over or go around the fence. Eric Greening talked about the weed abatement and one of the reasons it is not happening right now is the actual weed whacking itself is a fire hazard. He pointed out that what is on the agenda concerning this issue is interim use policies and the next step is the long-term planning process. Vicki England voiced a concern about fire and the need for short-term solutions, like strict regulations. Sandra Mason commented on Atascadero and its beauty and the fact that, in her opinion, there is too much developing going on and it is changing the look of Atascadero. David Brown said he supported the findings of the committee and their recommendations. He also stated that he has seen a marked improvement in the fire danger since the City purchased the property. Commissioner Butz noted that this is a recommendation only and still needs to go to the City Council, so there is still time for more discussion. Commissioner Hood said he supports the recommendations of the sub-committee and thanked them for all their work. Commissioner Davis asked about getting a survey done. Marjorie Mackey gave a report. Commissioner Peters asked about the City's liability insurance. Brady Cherry said the City is self-insured. He explained that one thing we can do to help prevent fires is to abide by the City's ordinance and do weed abatement. Motion by Commissioner Butz to accept and recommend to the City Council the Ad Hoc Committee's short term Stadium Park rules and public use policies. Seconded by Commissioner Dahlen. Motion carried 7 Ayes; 0 Nos. Commissioner Davis spoke of a "friendly amendment"to the above Motion to encourage the Ad Hoc Committee to continue to the next step and form a committee to form long-range planning. Chairperson Beatie asked Ms. Hampton if she would participate with ANTA in setting up a committee to look at long-range planning. It was agreed by all to make the committee available to the public and anybody who is interested in the Stadium Park. ITEM 61B -PROPOSED POLICY REGARDING LIVE BANDS AT THE YOUTH CENTER: 000194 ITEM NUMBER: C-4 DATE: 10/28/97 1918 9 (ADS City Manager's Agenda Report Wade G. McK nney Public, Education and Government (PEG) Access on Cable Television RECOMMENDATION: Take no action at this)time and reconsider when the local cable infrastructure is upgraded to include additional channels. DISCUSSION: Background: At the Joint Meeting of City Councils of San Luis Obispo County on June 5, 1997, the City of Morro Barequested to determine if there is support for a regional concept for PEG access and support fo continuing the Consortium. The Joint Meeting will again be held in January. The local Falcon Cable manager has indicated that there are no vacant channels at this time. It would require a reduction in programming to facilitate the addition of PEG. She also indicated that there are three PEG access channels in San Luis Obispo and there has been no programming. Staff has not researched this issue further as it was not identified by Council as a priority. Should Council desire further study, another priority will have to be replaced. Concerns have been expresses regarding tl�e type of programming. The First Amendment to the Constitution protects certain rights to programming which may not be consistent with the moral values of Atascadero. FINANCIAL IMPACTS: The Staff recommendation would have no financial impact. However, should the Council desire to participate in the PEG access program there would be additional cost. The consultant regarding PEG cited in the Morro Bay information indicated that"it is difficult for a center to operate on less than$150,000 oer year plus funds for equipment maintenance and replacement." PREPARED BY: Wade G. McKinney, City Manager ATTACHMENTS: Staff report from the City of Morro Bay, dated June 5, 1997. 90019 City of Morro Bay MORRO BAY, CALIFORNIA 93442 7a `.. 805.772.x6200 t .�? J. r ^`� ^~• r. .A .v=:. v�i',��r.-•... T7: n.aC'•VSA�.y'+ ,4^ ;. / JOINT MEETING OF CITY COUNCILS OF SAN LUIS OBISPO COUNTY June S, 1997 TO: Honorable Mayors and City Council Members of Arroyo Grande, Atascadero, Grover. Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo FROM: City of Morro Bay, Department of Public Works SUBJECT: Public, Education and Government (PEG) Access on Cable Television Cable television PEG access channels typically provide community-oriented programming such as local news, public announcements, distance education and government meetings. These channels allow the opportunity for the public, educational institutions and governmental agencies to provide local commercial-free informational and educational programming over cable television. These types of programs are usually programmed by individuals and locals organizations, on either public, education or government channels. Under the 1984 Cable Act, local franchising authorities could negotiate with the cable operators to set aside channels for PEG use and provide services, facilities and equipment to support the use of these channels; however, the Cable Act stipulates that if the cable operator is required to provide operational support for those channels, that costs must be supported by the franchise fee. Government Access The Cable Act of 1984 provides little specification as to what government access entails: The policy for how it is used lies within the governmental agency itself. Usually the channel is used by a city to provide public information about government and community programs, services, events and issues. This use can include live broadcasts or tape delayed replays of meetings, pre-produced videos on specific topics. Public Access Public access to cable television is*perhaps the most complex part of the PEG components. In order to fully meet the needs of the public, there must be opportunities for the community to receive training in producing television programs,the ability to broadcast programs on a live basis and insert tapes that has been produced earlier. There are important First Amendment issues concerning what can be broadcast and, as a result,the potential for great liability on the part of any organization that have oversight of program content: There are also administrative issues of scheduling the channel and integrating the demands of the public with the needs of the educational and governmental agencies which also use the channel. FINANCE ADMINISTRATION FIRE.DEPARTMENT PUBLIC W 595 Harbor Street 595 Harbor Street 715 Harbor Street 695 Harbor Street:)00196 HARBOR DEPARTMENT Benefits of PEG Access PEG access provides benefits to the community which are not available through commercial television station like KSLO Channel 6, which is attempting to provide"community tv." It allows for a diversity of expression and lets members of the public talk directly to one another. Service agencies can speak to the community and local issues can be covered and discussed in depth rather than the sound byte one may have on commercial television. PEG access also provides a forum for cities to allow its constituents to participate more directly in the governmental process by televising Council meetings and other important commission/board meetings. Finally, the educational community will increasingly require access to the PEG channels, controlled by the City through its franchise, in order to meet its distance learning needs. Consortium for Community Media In 1995, the Consortium for Community Media was formed by a number of governmental and educational agencies in the County with a memorandum of understanding for the period June 1995 through June 1997. The Consortium was formed to determine whether it would be useful for the region to partner in its efforts to make PEG a reality for San Luis Obispo County. For the first phase, the Consortium worked with a consultant for over a year and completed a resource inventory/needs assessment and sponsored a pilot project, Television to Inform the SCommunity(TIP), to demonstrate the possibilities available to local agencies through government access. The single most important conclusion derived from the work done is that the Consortium believes a "strategy of cooperation and collaboration on a county-wide, intersegmental basis will result in a more cost effective, equitable deployment of technology and will help each agency achieve its goals for lifelong learning and improved communications." Coordination with Consortium members resources is key to developing a successful county-wide PEG access program that provides for more diversified programming while not being a drain on an individual agency's finances. The Consortium elected not to continue forward to explore county-wide PEG options, due to the varying levels of interest in providing public access at this time; however, some agencies, such as the County of San Luis Obispo, the City of Morro Bay and the City.of San Luis Obispo have a greater need to move forward because of PEG provisions in their cable franchises and public interest in making a channel available. As a result, the cities of Morro Bay and San Luis Obispo and the County of San Luis Obispo are moving ahead in their efforts to address the management issues of PEG access. Preliminary discussions have even been held by the City of San Luis Obispo and the County with Cuesta College and the San Luis Obispo county Office of Education,which are interested in utilizing PEG channels as part of their distance learning plans. At the same time, members of the Consortium continue to • meet informally, as they believe that ultimately PEG access can best be served on a regional basis. Thus, while these agencies are currently working separately, their proposed paths are parallel and can easily be merged in the future. Joint Meeting of City Councils of San Luis Obispo County Public,Education and Government(PEG)Access on Cable Television 3 Conceptual Framework for PEG Access in San Luis Obispo County In order to tie together all the pieces of PEG access and to address the significant funding, administrative and liability issues it poses, the Consortium's consultant has proposed a conceptual model. Although the cities of Morro Bay and San Luis Obispo and the County of San Luis Obispo are working independently to address PEG access, as are a number of educational entities, all the former members of the Consortium have endorsed this model. The model relies on the establishment of a nonprofit access corporation which would be independent from the cities and County and assume responsibility for all of the management of the access channel(s) with the public, educational community and government entities as desired. In the model, the cities and the County would contract with the nonprofit corporation for management of the access channel(s). 1. The nonprofit would also:. • Coordinate with educational institutions for providing training at its studio in exchange for the County using its PEG equipment funding to upgrade the studio. • Coordinate with another agency to be a central site for tape insertion. • Establish scope of services that limits.operational subsidy from cities and County. . • Establish and enforce public access policies and procedures, including those for public use of the channel. • Provide outreach to the public. • Seek additional funding and resources to support public access. 2. Cities and the County would establish policies and program priorities for its own governmental programming, but could contract with the public access corporation for production services, including broadcasting of Council and perhaps some limited commission/board meetings. 3. Educational agencies would establish policies and. procedures for their own agencies' programming, but could contract with the access corporation for production services and teacher and student training in video production. Advantages and Disadvantages to the Nonprofit Model One advantage to having a nonprofit corporation manage the PEG channel(s) is that access is the nonprofit's sole mandate and focus. In addition,the corporation would be a neutral, third party with a minimal amount of bureaucracy that allows for greater flexibility in raising funds. Lastly, having the corporation manage the PEG channel(s)would provide the maximum protection against liability for public access programming and First Amendment violations. There are concerns, however, with regards to the accountability of a newly established and untested nonprofit corporation that requires an investment of time and resources in planning and startup. • Also, the corporation would be vulnerable if it lacked support from City Councils, the Board of Supervisors and the citizens. 1)00198 Joint Meeting of City Councils of San Luis Obispo County - PAW-A Public,.Education and Government(PEG)Access on Cable Telcvision 4 Fiscal Impact It is difficult to determine at this time what the fiscal impact of implementing a PEG access program will be. The consultant notes that"no access corporation in the country is self-sufficient through fees for service, contracts or traditional fundraising" alone and that "all rely on some level of support from franchise fees, cable operator payments or some level of support from the franchising authorities." The consultant further states that"although ongoing operational budgets for nonprofit access centers in California range from $20,000 to $500,000 a year, it is difficult for a center to operate on less than$150,000 per year plus funds for equipment maintenance and replacement." This could be a shared expense of all the participating agencies. Concurrences The County of San Luis';Obispo and the cities of Morro Bay and San Luis Obispo have been considering similar conceptual frameworks for public access and the other former members of the Consortium are supportive of the nonprofit corporation model. What Action is Requested of the Cities The Consortium for Community Media memorandum of understanding expires June 30, 1997. Some members of the Consortium believe that if there is an interest by the various educational institutions and governmental agencies in developing a regional PEG access program using the nonprofit corporation model, then the Consortium should continue with a more focused scope of work to make PEG access'!,a reality for all of San Luis Obispo County. The cities are requested Councils confer with its staff to determine if there is support this regional concept for PEG access and support continuing the Consortium to achieve that task. The Consortium will hold'a meeting in July 1997 and all agencies supporting a regional approach and willing to participate financially in the Consortium must attend to discuss a new memorandum of understanding with a more focused scope of work that would become effective in July or August 1997. 900 9 Joint Meeting of City Councils of�;an Luis Obispo CountTelevision. + Public,Education and Government(PEG)Access on Cable Television ITEM NUMBER: C - 5 DATE: 10/28/97 �... 97 tats � t e I'i CAD�� City Mand er's Agenda Report Wade G. McKiinney Information Bulletin A. River Gardens - Atascadero Creek Drainage. The City Council directed Staff to investigate the concer10s raised by residents of the River Gardens neighborhood as presented by Mr. Porter at the September 23`d Council meeting. Although the research is not completed, much information has been developed. One issue central to the concerns is the study of the impact of development on the amount and type of water flow in the creek as a result of development upstream. According)to the City Engineer,this would require an extensive study with potentially high cost. The City does not have a mechanism at this time to approach an issue of this size. While the study would certainly produce valuable information, our preliminary investigation reveals that upstream property owners have a right to develop their property,making the real issue: how do we deal with the flows;how are downstream neighbors protected and who's responsibility is it. The City Attorney has started to pursue the issues regarding the City's responsibility and exposure. Staff, in conjunction with Atascadero Mutual Water Company,has been studying improvements to protect property in the River Gardens area. As improvement plans are developed, they will be provided to the Council and the neighborhood. B. R.E.C. Program - Teen After-School Recreation Program. The Community Services Department has recently hired a part-time Program Coordinator to conduct an After-School Recreation Program On the Jr. High School campus. The R.E.C. Program (Recreation, Education and Community) is funded through grant funds obtained by the Atascadero Youth Task Force and the Atascadero Vnified School District. The R.E.C. Program will offer recreational and educational activities;to teens during lunch time and after school. Students will have an opportunity to plan and participate in a variety of social and recreational activities, which may include an intramural sports program, informal basketball, volleyball,ping-pong,tutorials, mentoring, checkers,!,chess and other board games. The R.E.C. Program will be held in the soon- to-be completed Jr. Nigh School gymnasium and cafeteria. Parents and volunteers will make up a substantial portion of the program staff. C. Employee Update: Crouch, Susan Program Coordinator Hired, 10/20/97 Davidson, Doug Senior Planner Resigned, 10/01/97 English, Geoff Superintendent of Parks Promoted, 09/15/97 and Recreation Lanes, Andy Site Director- Skate Park Resigned, 08/28/97 Perkins, Ellen Administrative Secretary Promoted, 09/15/97 Perlich, Kath�een Scorekeeper Resigned, 09/05/97 Perlman, Paulette Scorekeeper Resigned, 09/25197 ITEM NUMBER: D - 1 DATE: 10/28/97 1918 to e CAD�� City Attorney's Agenda Report Roy A. Hanley Ordinance No. 335, Amendment to Nighttime Curfew Regulations RECOMMENDA',TION: Waive the reading of Ordinance No. 335 and introduce for first reading by title only: An Ordinance of the City Council of the City of Atascadero Amending Chapter 5-6 of the Municipal Code Pertaining to Nighttim4o Curfew. • DISCUSSION: The Ninth Circuit Coin of Appeals recently ruled unconstitutional the nighttime curfew ordinance in place in the City of San Diego. The Court ruled that the San Diego ordinance did not make exception for constitutionally-protected activity and did not provide parents with enough protection. The proposed changed;are based upon another appellate decision which approved similar language and which is mentioned in the Ninth Circuit case. The proposed changes do not restrict activity of minors any more than the old ordinance but would better withstand a legal challenge. FISCAL IMPAC': Following the recommendation contained in this report will not have any fiscal impact upon the City of Atascadero. All funds for the conduct of the Police Department in enforcing the nighttime curfew ordinance are cjurrently provided for in the general fund and the budget of the City. ALTERNATIVES: The ordinance must be,amended to avoid legal challenge. PREPARED BY: Roy A. Hanley, City Attorney • ATTACHMENT: Ordinance No. 335 900201 ORDINANCE NO. 335 NIGHTTIME CURFEW ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 5-6 OF THE MUNICIPAL CODE PERTAINING TO NIGHTTIME CURFEW WHEREAS, The City Council finds that a juvenile curfew ordinance is necessary and desirable because the protection of minors warrants a higher degree of governmental regulation. This higher degree of regulation is premised upon the peculiar vulnerability of children and minors' inability to make critical decisions in an informed and mature manner. The City recognizes a compelling interest in preserving the safety of the community generally and providing a higher degree of protection for its minors specifically during nighttime hours. NOW THEREFORE, the City Council of the City of Atascadero does ordain that Sections 5-6.01 through 5-6.06 of the Atascadero Municipal Code are amended to read as follows: 5-6.01. Definitions A. The following definitions are applicable to this ordinance: 1. Curfew hours means the period from 11:00 p.m. any night until 5:00 a.m. the following morning. 2. Emergency means unforeseen circumstances or a situation that calls for immediate action. The term includes, but is not limited to, an automobile accident, fire or explosion, natural disaster or any condition requiring immediate action to prevent bodily injury or loss of life. 3. Establishment means any privately-owned place of business operated for profit to which the public is invited including, but not limited to, any place of amusement or entertainment. 4. Guardian means (a) a person who, under court order, is the guardian of the minor; or (b) a public or private agency with whom a minor has been placed by a court. 5. Minor means any person under eighteen (18) years of age. 6. Operator means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. 7. Parent means a person who is a natural parent, adoptive parent or step- parent of a minor. 900202 . ORDINANCE NO. 335 PAGE 2 8. Responsible adult means a person at least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor. 9. Public place means any place the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, common areas of; schools, hospitals, apartment houses, office buildings, transport facilities and shops. 10. Remain ,means to (a) linger, stay or be present; or (b) fail to leave the premises when requested to do so by a peace officer, the owner, operator or other Person in control of the premises. 5-6.02 Offenses A. It is unlawful for: 1. Any minor to remain in any public place or on the premises of any establishment within the city during curfew hours, or • 2. An parent or guardian of a minor to knowing) permit, or insufficient YP 9 knowingly Y control allow, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours, or 3. Any owner, operator or employee of an establishment to knowingly permit a minor to remain in or upon the premises of an establishment during curfew hours. 5-6.03 Defenses A. It is a defense to prosecution of the above offenses that the minor was: 1. accompanied by the minor's parent or guardian or by a responsible adult; 2. on an errand at the direction of the minor's parent or guardian or responsible adult, without detour or delay; 3. in a motor vehicle involved in intrastate or interstate travel; 4. engaged', in employment, or going to or returning home from employment, without detour or delay; • 5. involved''in an emergency; 000203 ORDINANCE NO. 335 PAGE 3 6. on the sidewalk adjacent to the minor's residence, providing the minor is not otherwise violating the law; 7. attending an official school, religious or other adult supervised recreational activity sponsored by the city, a civic organization or other similar entity that takes responsibility for the safety of the minor, or going to or returning home from such an activity, without detour or delay; 8. exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; 9. emancipated pursuant to law. B. It is a defense to prosecution under offense #3 above, that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. 5-6.04 Enforcement Before taking any enforcement action under this ordinance, a peace officer shall ask the apparent offender's age and reason for being in a public place or on the premises of an establishment during curfew hours. The officer shall not issue a citation or detain a minor under this ordinance unless the officer reasonably believes an offense has occurred and based upon the minor's response(s) and other circumstances, no defense under this ordinance appears present or applicable. 5-6.05 Penalties Any person who violates a provision of this ordinance is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Any person who violates the offenses described in this ordinance shall be guilty of a misdemeanor. Minors shall be dealt with in accordance with juvenile court law and procedure. 5-6.06 Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity • of the remaining portion of this ordinance. The City Council of the City of • ORDINANCE NO. 335 PAGE 4 Atascadero hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. The foregoing ordinance was approved and adopted at a meeting of the City Council held on , 1997, by the following vote: AYES: NOES: ABSENT: ATTEST: • BY: Marcia M. Torgerson, City Clerk BY: BY: Ray Johnson, Mayor Wade G. McKinney, City Manager APPROVED AS TO FORM: BY: Roy A. Hanley, !City Attorney 000205 ITEM NUMBER: D - 2 DATE: 10/28/97 1 S � 19 97 Ci Attorney's Agenda Re City � ys g Report Roy A. Hanley Procedurefor handling citizen and other complaints regarding City personnel, practices, and procedures. RE MME DA I CO N � ON: Maintain the current complaint procedure provided for by the Atascadero Municipal with no formal modifications. DISCUSSION: At a recent Council meeting, the Council directed the City Attorney to report back to the City Council with recommendations for the creation of a procedure for handling citizen complaints. The specific context of the direction involved a complaint about the Police Department brought up by a member of the public during community forum to the City Council. The procedure for handling a complaint a the Police Department is covered by the Peace Officer's Bill of Rights. I have reviewed the complaint procedure, forms and general handling at the Police Department and find that the current procedure conforms with state law providing for protection for Peace Officers. There are no procedural changes that should be made in the handling of such complaints. If the Copncil so directs, the language of the information form can be changed so long as the procedural protection is not violated. There are currently in ,place several municipal code sections governing complaints about City policies, procedures and personnel. The City Council under Municipal Code Section 2-1.18 has the discretionary right to make investigations and hold hearings with respect to all matters within its legislative power and all matters pertaining to the administration of the business of the City. The City Council also �as the power of subpoena as provided for in the Government Code of the State of California. Atascadero Municipal Code Section 2-2.13 allows an employee of the City to appeal an action of the City Manager to the City Council. Atascadero Municipal Code Section 2-4.15 provides for investigations to be conducted by the City Manager. That section states "it shall be the duty of the City Manager to Make investigations into the affairs of the City and any department or division thereof and a€ny contract or the proper performance of any obligations of the City: further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by I ITEM NUMBER: D - 2 DATE: 10/28/97 public utilities in the City." The City Manager is already charged with the duty to investigate all complaints in regards to the operation of the City. Atascadero Municipal Code Section 2-4.18, in pertinent part, provides that "any action, determination or omission of the City Manager shall be subject to review by the City Council." The City Council may overrule, change or modify any action of the City Manager by a vote of three members of the Council. The Atascadero Municipal Code already gives any employee, and any citizen, the right to request the City Manager to make investigation into any affairs of the City. If an aggrieved employee is not happy with the response of the City Manager the employee has the right to appeal that decision pursuant to Section 2-2.13. Any citizen who is either unhappy with a decision of the City Manager not to conduct an investigation, or is not happy with a determination made after investigation, can bring that issue up at the community forum portion of the regularly scheduled City Council meetings. The City Council then is free, pursuant to 2-1.18, to conduct any investigation it sees fit. The City Council may also then, pursuant to Section 2-4.18 overrule any determination of the City Manager upon the requisite vote of three members. Considering the size of the City, its population and the size of the City staff, adding a further layer of bureaucracy between the City Manager and the City Council does not seem appropriate. The City Council has the authority to deal with any complaints that have not been satisfactorily dealt with by the City Manager. FISCAL IMPACT: Following the recommendation contained in this report will not have any fiscal impact upon the City of Atascadero. All funds for the conduct of the City Manager are currently provided for in the general fund and the budget of the City. ALTERNATIVES: Section 2-4.18 of the Atascadero Municipal Code provides that this Council, as a sitting body, can give direction to the City Manager to make any changes in the procedures for handling complaints the Council deems desirable. The Council may do this without formal resolution so long as the municipal code is not amended. The Council will be free, at the hearing of this regularly scheduled item, to give direction to the City Manager in regards to informal procedures and preparation of informational handouts for citizens and employees. PREPARED BY: Roy A. Hanley, City Attorney ATTACHMENT: Atascadero Police Department Citizen Complaint Procedure Form �€10Z0"> W. Noma F. 21 ca U) cu CL 15, cit 00 > u eo u c a u o �� m 'C`o $E E N 'p td V c C• r'= C• H C C V ca s $ a U O 8a �... cCFj" 'O>1 u O` •O �C•-�� ag>o`E UO suK E cmAQ sgL rr u`.5 >°n° $ 8t°¢ 0 H C'n cn O u E 0p� 5yu�� 3 `'3c yyH c a �pp �c t+ c O tic 33 Q ao ►� um4 c > c �c3n .7 a W E 3 u u U X 023 E:�i C- ° v A c " O T� uru "= � p�, our a o � 3u ° Z 3 o O Iii8 � c x F'W � a � " ►� �o� a uC ° • H Eo � � o OWO 00 O ► w 3 A o f cc � v`"1 v u� y p _C O u u � N ►�•0 N �.W H O y u O O O C. ►Y q r� C] tC �-1 'O'.N c 'fl 0 H 18, u O ` u N �j a•0 o G=r $;. u �,U�•.A v o EO !rte Q y " = U �'' -�. 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OCN � `c41 o ) ( O a p U a), 14 .. cu �N qCd CD CD ux0 . 0 ccEaCCa)N � � - ° o ` mN 0) o ca N 3: 0)m m c csa0 .c c Cf)E... pp0 > E -a �, E co Nm — c) cn03 ° `� o +- .. �> o v CA 0. ct* c -om .- cuC " a) ; in3 —_ �, c � (D44+� 44 � S a c E .. u) o o U o 0 c s " uO U) Q)i ° a ° — E — 0 a� c CC a) a 0 -am a) CU U - U E S ca 0 - 0 3 � a J m 0 � nEc� O5 —_ mac) 3ocaso3 3::r: a . -H0 Q a) S2 O C .. -C 0 O •� O _ ,: cu F, N a) O \ W .0 sa 0 U a) V) O � .r -0 (n >]' - O •) 0 C 0 3 c .0 E .. a) N ao c�yd Q -- .p CL Q (DU N .. m O O -C O L p C C . a) O VO -� U av -0 a) ca C Q U o " U V) ca - Cd'a (u ' U C NO aCL CTJ CL m 0 O L O CD CL a a) i CL 3 d 0 CL ATASCADERO POLICE DEPARTMENT COMPLAINT FORM MY NAME IS: AGE: HOME ADDRESS: PHONE: WITNESS: AGE: • HOME ADDRESS: PHONE: WITNESS: AGE: HOME ADDRESS: PHONE: I WANT TO COMPLAIN ABOUT [OFFICER(S)/BADGE#(S)/CAR NUMBER]: I WANT TO COMPLAIN BECAUSE ON (DATE): AT(LOCATION): AT ABOUT(TIME): HE/THEY 'A UTA ;H Ab MANY ADDITIONAL 6HEETS7Z-NEC1ES0tAnT) CERTIFY,UN-Q-EaPENALT.Y OF PERJURY. THAT TO THE BEST OF MY KNOWLEDGE THE FOREGOING IS TRUE AND CORRECT. I UNDERSTAND,AND IT IS MY DESIRE,THAT THIS COMPLAINT BE INVESTIGATED DILIGENTLY. I FURTHER UNDERSTAND THATIF THE INVESTIGATION PROVES THESE ALLEGATIONS TO BE MALIGIOUSLYFALSE.LMAYBE LIABLE TO BOTH Mlmimm ANDCIVILPROSECUTION* I ALSO UNDERSTAND THATIN SOME CASES I MAYBEASKEDTO SUBMIT TO A POLYGRAPH EXAMINATION AS A PART OF THIS INVESTIGATION.(*Civil Code 47.5-Liability for knowingly making a false complaint against a Peace Officer) DATE: SIGNATURE: SIGNATURE OF PARENT/GUARDIAN (IF UNDER 18): ATP0-c1ft.nc0rnp4jm(R*y1S*d10ro1) I ",?,09 = POLICE.SERVICES • 'Xing i It •II •,r• i :j-r '1• -.•�f .i /' :_1^, '. L' ?1. 7. +. r a CITY :OF:-ATASCADERO 118 ATASCADERO POLICE DEPARTMENT 4 ADDENDUM TO CITIZEN COMPLAINT PROCEDURE YOU HAVE THE RIGHT TO MAKE A COMPLAINT . AGAINST A POLICE OFFICER FOR ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CITIZENS' COMPLAINTS. YOU HAVE THE RIGHT TO A WRITTEN DESCRIPTION OF ',THIS PROCEDURE. THIS AGENCY MAY FIND *AFTER INVESTIGATION THAT THERE .IS NOT ENOUGH EVIDENCE TO WARRANT- ACTION ON YOUR COMPLAINT. EVEN IF THAT .IS THE CASE,. .YOU HAVE . THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF' YOU . BELIEVE AN OFFICER• BEHAVED IMPROPERLY. CITIZEN COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO,.' COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS. IT IS AGAINST THE LAW TO MAKE A COMPLAINT. THAT YOU KNOW TO BE •FALSE. IF YOU -MAKE A COMPLAINT AGAINST AN . OFFICER KNOWING THAT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE. a ` I have read and understood the above statement. Complainant Date ATPD _- 1/96 5505 EL CAMINO REAL • POST OFFICE BOX 911 • ATASCADERO, CA 93423 General Business:8051461-5051 Administrative Services: 461-5053 Watch Commander:461-5055 Investigations:461-5058 FAX:461-3702 )GO,: a N