HomeMy WebLinkAboutAgenda Packet 06/22/1999 'PUBLIC NOTICE
ATASCADERO CITY COUNCIL
ADDENDUM TO AGENDA
HE FOLLOWING ITEM IS HEREBY ADDED TO THE
ATASCADERO CITY COUNCIL AGENDA FOR
JUNE 22, 1999:
REGULAR SESS ON 7:00 P.M.:
A. CONSENT CALENDAR:
6. Authorization to Purchase Vehicle - Police Department - Fiscal Impact: $12,250 from
1998/99 budget (Staff recommendation: Staff recommends Council authorize the purchase
of one (1) v hicle from Atascadero Ford for the Police Department) [Dennis Hegwood]
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF ATASCADERO )
MARCIA MC LURE TORGERSON,being fully swom,deposes,and says: That she is the duly elected City Clerk
of the City of Atascadero and that on June 17, 1999, she caused the above Notice to be posted on the doors of the City's
Administration Building 6500 Palma Avenue in Atascadero,California.
MARCIA MCCLURE TORGERSON
City Clerk
City of Atascadero
*PUBLIC REVIEW COPY
Please do not remove
from counter
® _ AGENDA
ATASCADERO CITY COUNCIL MEETING
TUESDAY, JUNE 229 1999
`City of Atascadero
6500 Palma Avenue, 4t" Floor
Atascadero, California
CLOSED SESSION,6:30 P.M.:
1) Conference with legal counsel—Pending litigation(Govt. Code Sec. 54956.9(a))
Name of case: Merrill Lynch v. City of Atascadero
2) Conference with labor negotiator(Govt. Code Sec. 54957.6)
Ageicy Negotiator: City Manager
Emr loyee organizations: Department Heads, Mid-Management/Professional,
Confidential,Atascadero Fire Captains,Atascadero Firefighters, Service
Employees Intl. Union Local 620, Atascadero Police Assoc.
REGULAR SESSION, 7:00 P.M.:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Mayor Johnson
Mayor Pro Tem Arrambide
Council Member Clay
Council Member Lerno
Council Member Luna
APPROVAL OFAGENDA: Roll Call
COMMUNITY F RUM:
(This portion of t)re meeting is reserved for persons wanting to address the Council on any
matter not on this 7genda and over which the Council has jurisdiction. Speakers are limited to
five minutes. P&ase state your name and address for the record before making your
• presentation. The Council may take action to direct the staff to place a matter of business on a
future agenda.)
COUNCIL ANNOUNCEMENT AND REPORTS.' s
(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 filture agenda. No formal action
by the.Council will be taken unless an item is identified on the Agenda,)
CORRESPONDENCE:
1. Letter from Chamber of Commerce dated June 10, 1999.
A. CONSENT CALENDAR: Roll Call
(All items on the consent 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 removed from the consent calendar and will be considered in the listed
sequence with an opportunity for any member of the public to address the Council
concerning the item before action is taken.)
1. City Council Minutes - May 25, 1999 - (City Clerk recommendation: Council approve
the City Council minutes of May 25, 1999) [Marcia McClure Torgerson]
2. Zone Change 98009 - 9800 El Camino Real (U.S. Postal Service) - Fiscal Impact:
Increase in property tax revenue (Planning Commission recommendation: Council
introduce for second reading by title only, Ordinance No. 359 approving Zone Change
98009) [Paul Saldana]
3. Final Tract Map - 5392 Barrenda Avenue (Norton/Cannon) -Fiscal Impact: None
(Staff recommendation: Council accept the Final Map for Tentative Tract Map #96010)
[Paul Saldana]
4. Final Tract Map -4845 El Camino Real (NortonNolbrecht) -Fiscal Impact: None (Staff
recommendations: 1) Council accept the Final Map for Tentative Tract Map #98009,
and 2) Council reject without prejudice the offer of road dedication) [Paul Saldaha]
5. Community Development Block Grant Program-Fiscal Years 2000 through 2003 -
Fiscal Impact: Continued availability of approximately$245,000 annually during the
next 3 years for CDBG eligible programs (Staff recommendation: Council adopt
Resolution No. 1999-036, approving cooperative agreement with the County of San Luis
Obispo for participation in the community Development Block Grant Program for Fiscal
year 2000 through 2003) [Paul Saldana]
•
2
B. PUBLIC HEARINGS:
1. Sewer Service Char es -Placing on the 1999-2000 Property Tax Rolls -Fiscal Impact:
revenue of$1,367,383.74 (Staff recommendation: Council adopt Resolution No. 1999-
035 at the conclusion of the Public Hearing,placing sewer service charges on the 1999-
2000 grope ty tax rolls) [Brady Cherry]
C. MANAGEMENT REPORTS:
1. Animal Coin trol Contract- 1999/2000 FY-Fiscal Impact: S55,000.00 (Staff
recommendation: Council authorize the Mayor to execute an amendment to Atascadero's
agreement-with the County of San Luis Obispo for Animal Services, extending the
agreementpr the 1999-2000 FY) [Dennis Hegwood]
D. COMMITTEE REPORTS:
(The following represent standing committees. Informative status reports will be given,
as felt necessary.):
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
2. Finance Committee
• 3. Water Co ittees:
a. SLC County Flood Control & Water Conservation District Water Resources
Advisory Committee
b. Naci miento Water Purveyors' contract Technical Advisory Committee
C. North County Water forum
4. Integrated Waste Management Authority
5. North Coun y Council
6. Air Pollutio i Control District
7. County Mayor's Round Table
8. Economic Vitality Corporation, Board of Directors
9. City/ Scho is Committee
10. Economic Opportunity Commission
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1, City Council
2. City Attorney
3. City Clerk
4. City Treasurer
F. ADJOURNMENT:
•
THE CITY COUNCIL WILL ADJOURN TO A JOINT SPECIAL MEETING WITH
THE REDEVELOPMENT AGENCY SCHEDULED ON JULY 29, 1999,AT 7:00 P.M..
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.
4
City of Atascadero
WELCOME 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 i spection during City Hall business hours. An agenda packet is also available for
public review at the Atascadero Library, 6850 Morro Road.
In compliance with t e Americans with Disabilities Act, if you need special assistance to participate in
a City meeting oro her services offered by this City,please contact the City Manager's Office, (805)
461-5010, or the City Clerk'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 ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject,
staff will give their r.-port, and the Council will ask questions of staff. The Mayor will announce when
the public comment period is open and will request anyone interested to address the Council regarding
the matter being considered to step up to the podium. If you wish to speak for, against or comment in
any way:
• You mut approach the podium and be recognized by the Mayor
• Give yo r name and address
• Make y ur statement
• All comments should be made to the Mayor and Council
• All comments limited to 5 minutes(unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity
to do so, and no one may speak more than twice on any item.
The Mayor will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Council.
O SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
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 name and address
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30
minutes will be allowed for Community Forum(unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager ten days
preceding the Council meeting. 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.
ITEM NUMBER: A - 6
DATE: 06/22/99
■ exp o,® �
rias ias
Cit` Mana er's Agenda Report
co
Wade G. McKinney
Authorization to Purchase Vehicle
RECOMMENDATION:
Staff recommends City Council authorize the purchase of one (1) vehicle from Atascadero Ford
for the Police Departmc nt.
DISCUSSION:
Background, The Police Department is currently allocated three (3)vehicles for use in detective
. activities. All three vehicles, 1989 Ford Taurus with 125,000 miles, 1991 Ford Taurus with
92,000 miles, and a 1992 Ford Taurus with 84,000, are nearing or exceeding their cost affective
life. The 1989 Taurus is recommended to be replaced due to it's decline over the last few years,
with repair costs climb ng to the point some non-safety items are not, or will not, be repaired or
replaced.
Staff solicited local bis for used vehicles and also contacted a rental car company for a bid on
equivalent vehicles. The following summarizes the price quotes:
Vehicle Type Provider Quote
Ford Taurus X Atascadero Ford 12,250
Ford Taurus 3E Ted Miles Jeep/Eagle 12,500
Pontiac Gran i Am Enterprise Car Sales 14,500
Oldsmobile I atrigue Enterprise Car Sales 15,999
Chevrolet Lumina Ted Miles Jeep/Eagle 12,300
The funding for this vehicle is contained in the Police Department's 1998/99 budget.
FISCAL IMPACT
Cost of$12,250 from the Police Department budget.
ITEM NUMBER: A - 6
DATE: 06/22/99
ALTERNATIVES:
The Council may direct staff to purchase vehicles from State using the State Master Contract.
RESPONSIBLE DEPARTMENT: Police Department
fascro c am er�f commerce
Alm ,
RFCEIYED
�
10,
June 10, 1999., CA
ATgsDERC M
AVAGER
f
Dear Counc' Members;
The Atascad ro Chamber of Commerce has been without a full time Executive
Director for ome time now. At the present time, the Chamber is efficiently
functioning, n a day to day basis, with our competent office staff and
dedicated Bc and of Directors. However, it is apparent, if we are to lead our
business con munity into the twenty first century, an effective,Executive
Director m be hired.
It is our feeling, many of the City and Chamber's goals and visions, are one.
and the same, to better the City of Atascadero.
We know that business retention is one of the City's top goals, as it is the
Chamber's top priority. It is our feeling that many of the duties to accomplish
these goals are similar. We are hoping the City may be interested in
exploring the possibility of a joint effort in hiring an individual to fulfill these
needs.
Sincerely, .
RON SCHO LL,
President
000001
6550 EL CAMINO REAL • ATASCADERO, CALIFORNIA 93422 (805)466-2044 • FAX(805)466-9218
ITEM NUMBER: A- 1
DATE: . 06/22/99
!, MINUTES
ATASCADERO CITY COUNCIL MEETING
TUESDAY,MAY 25, 1999
CLOSED SESSION,6:30 P.M.:
1. Conference with legal counsel - anticipated litigation- significant exposure to
litigation(Govt. Code §54956.9)
NFL Construction v. City of Atascadero
2. Conference with real property negotiators -Lease of Atascadero Unified School
Dist 'ct Facilities
City negotiators: Brady Cherry and Wade McKinney
Session will concern price and terms of payment.
3. Conference with labor negotiator(Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager
Emr loyee organizations: Department Heads, Mid-Management/Professional,
Confidential, Atascadero Fire Captains, Atascadero Firefighters, Service
Emr loyees Intl. Union Local 620, Atascadero Police Assoc.
City Attorney Roy Hanley announced the Council gave direction to the City Manager and the
City Attorney.
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the Regular Session to order at 7:05 p.m. and Council Member Luna led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Arrambide, Clay, Lemo, Luna and Mayor Johnson
Absent: None
Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham
.Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief
Mike McCain, Community Services Director Brady Cherry,
Administrative Services Director Rachelle Rickard, Community and
Economic Development Director Paul Saldana, Parks and Recreation
Supervisor Geoff English, Assistant City Engineer John Neil and City
Attorney Roy Hanley
CC 5/25/99 000002
Page 1 of 11
ITEM NUMBER: A- 1
DATE: - 06/22/99
APPROVAL OF AGENDA:
Council Member Luna asked for clarification of the split meeting. Mr. McKinney explained that
the Redevelopment Agency is requesting a special joint meeting to set a hearing date.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Clay to approve the agenda.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
PRESENTATIONS:
1. Community Development Department Director Paul Saldana will present new employees
to the Council.
Community and Economic Director Paul Saldana introduced Assistant Planner Jamie Heltsley,
Assistant Planner Phil Dunsmore, and Principal Planner Warren Frace to the City Council.
2. Proclamation declaring May 1999, "Clean Air Month"
Mayor Johnson read the Proclamation and presented it to Paul Allen, a representative of the Air
Pollution Control District.
Mr. Allen accepted the Proclamation and answered questions from the Council.
COMMUNITY FORUM:
John McGoff, 9192 Maple St., expressed his concerns with the uncovered trucks leaving the
Albertson's construction site. He commented that the dust along south El Camino Real is
excessive. Mr. McGoff also stated that he did not agree with the split meeting scheduled tonight.
Mayor Johnson asked the City Attorney for an opinion on the legality of the split meeting. Mr.
Hanley replied that in his opinion, it is not illegal. Council Member Luna asked the Police Chief
about the restrictions of uncovered trucks. Chief Hegwood replied that he would look into the
problem.
Hal Carden, 5355 San Jacinto, thanked the Council for their approach with the Redevelopment
Agency. He repeated the fact that the Chamber has voted to support the Redevelopment
authority.
Raymond Jansen, 6655 Country Club Drive, stated that the role of character in government is
important. He cautioned the Council concerning their moral conduct.
CC 5/25/99 000003
Page 2 of 11
ITEM NUMBER: A-1
DATE: 06/22/99
Frank Kock, 9545 Lakeview Drive, stated that property owners around the Lake have faced such
issues as Agape Ho e on Santa Rosa, lights around the lake, and now property swapping. He
asked the Council to consider notifying neighbors of issues concerning their neighborhood even
if it's not required y law. He stated that it will give the neighbors a chance to speak on the
issue. Council Member Luna asked if the neighbors were notified about Item#C-1. Mr. Cherry.
stated that there wa an article in the newspaper and that he did speak with Alan Thomas, but no
direct notification was made.
John McGoff, 9192 Maple St., asked why we didn't just change the Agenda in response to the
April 27, 1999 mee ing regarding the Redevelopment Agency meetings. He stated that he felt
the Redevelopment Agency meeting should be held at a time certain. Mr. Hanley clarified that
the Redevelopment Agency meeting tonight is scheduled immediately following the City
Council meeting which is what the bylaws state.
Leland Stout, 8380 Santa Rosa Road, stated that he lives near some property owned by the City.
He stated that when he bought the property he was assured that it would not be built upon;
however,now the Council has traded the lots. Mayor Johnson informed Mr. Stout that the
subject matter wasagenda item and asked if he could please postpone his comments.
Mayor Johnson cl sed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member lay asked that we get more aggressive concerning the dust problem at the
Albertson site.
Council Member Lina asked if it was a possibility for the Highway Patrol to weigh the trucks to
insure that they are not overloaded. Chief Hegwood replied that it was possible.
Council Member C ay stated that the Children's Day in the Park turned out great.
Mayor Johnson stated that the Coalition for Decency has stated that the City should purchase the
vacant property next to Diamond's Adult World. He stated that this property is already in
escrow and the City is not in a position to purchase it. Mr. McKinney explained that the
Coalition had contacted him and requested the Redevelopment Agency purchase the property.
He explained that il was not possible for the Agency to purchase the lot at the time.
Mr. Hanley explained that the City is not allowed to drive a business out of town just because we
don't want it in town.
Mayor Johnson al stated that it was reported to him that Mr. Diamond owned the Pawnshop
across the street. e stated that he had the matter researched and found the information was to be
untrue.
000004
CC 5/25/99
Page 3 of 11
ITEM NUMBER: A- 1
DATE: . 06/22/99
A. CONSENT CALENDAR: Roll Call
1. Amendment to Contract between the City of Atascadero and the California Public
Employees' Retirement S ste - Fiscal Impact: None (Staff recommendation: Council
adopt Ordinance No. 358, on second reading by title only, authorizing the Mayor to
execute 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)
[Wade McKinney]
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to approve Item#A-1.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. Weed Abatement - Hearing of Objections - Fiscal Impact: None (Staff recommendation:
Council hear and consider all objections to the proposed removal of vegetative growth
and/or refuse and allow or overrule any objections. Following the hearing, authorize the
Fire Chief to proceed and perform the work of abatement) [Mike McCain]
Fire Chief Mike McCain gave the staff report and answered questions of Council.
PUBLIC COMMENT
Bob Sparling, 7500 San Palo Road, stated that his property should be exempt as he has cattle
grazing in the area. Fire Chief McCain responded that his notice was an oversight and to
disregard it.
Mayor Johnson closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member Lerno to
approve the authorization of the Fire Chief to proceed and perform
the work of abatement.
Motion passed 5:O by a roll-call vote.
2. General Plan Amendment 98006 / Zone Chanize 98009 - 9800 El Camino Real (U.S.
Postal Service) -Fiscal Impact: Increase in property tax revenue (Planning Commission
recommendations: 1) Council adopt Resolution No. 1999-027, approving General Plan
Amendment 98006; and 2) Council introduce for first reading by title only, Ordinance
No. 359, approving Zone Change 98009) [Paul Saldana]
Community and Economic Development Director Paul Saldana gave the staff report and
answered questions of Council.
CC 5/25/99 000005
Page 4 of 11
ITEM NUMBER: A- 1
DATE: ' 06/22/99
Council Member Luna gave a short presentation using overheads regarding uses allowed in
Commercial Retail and Commercial Services zoning including sexually oriented businesses in
certain situations. He stated that he would support a change to Commercial Tourist but not to
Commercial Service or Commercial Retail.
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, asked if there is an application for the development of this
parcel. Mr. Saldafta responded that there was none. Mr. Kolemaine stated that he agreed with
Council Member Lima.
Mayor Johnson closed the Public Comment period.
Mayor Johnson asked the City Attorney to explain the limitations of property use for adult
oriented businesses. Mr. Hanley explained the City chose to utilize the dispersal method to have
a double restriction in order to minimize the number of sexually oriented businesses allowed.
Mayor Pro Tem Arrambide suggested re-zoning this site to Commercial Tourist in lieu of
Commercial Service.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to adopt Resolution No. 1999-027, approving General Plan
Amendment 98006.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to introduce for first reading by title only, Ordinance No.
359, approving Zone Change 98009 with the following amendment:
Commercial Service is changed to Commercial Tourist.
Motion passed 5:0 by a roll-call vote.
3. A eal of Planning Commission Approval of Automobile Sales Lot - Conditional Use
Permit 99002 -500 San Palo Road (Gearhart) - Fiscal Impact: Increase in sales and property
tax revenue (Staff recommendation: Council adopt Resolution No. 1999-029, upholding the
Planning Commission's action approving the Conditional Use Permit, with conditions) [Paul
SaldanaJ
Community and Economic Development Director Paul Saldaia gave the staff report and
answered questions of Council.
CC 5/25/99
000006
Page 5 of 11
ITEM NUMBER: A- 1
DATE: 06/22/99
Council Member Luna expressed concern that a car lot would be in a Commercial Tourist area.
He also expressed concern for additional traffic in the area. Mr. McKinney stated that he did not
believe that there were impact fees to assist in possible road or bridge improvements.
PUBLIC COMMENT
Bill Zimmerman, 6225 Lomita Road,the Appellant, explained his concerns with the Planning
Commission's decision. He stated that he opposed the item due to lack of safety and
Proper infrastructure.
Eric Greening, 6600 Lewis Ave., stated that he would save his comments concerning traffic until
the next item. He asked if anyone was aware of a motel that shared space with a car sales lot that
was successful.
Dorothy McNeil, 8765 Sierra Vista, stated that she doesn't feel we have a need for an additional
car lot in our town.
Bob Sparling, 7500 San Palo, stated that there is considerable traffic coming from San Palo to
San Anselmo and believes that traffic will be increased with this project.
Ruth Rentschler, 6004 San Palo Road, expressed in a prepared statement(read by City Clerk) her
concerns of the car lot being moved to this site(see attachment A).
Mayor Johnson closed the Public Comment period
Mayor Johnson stated that it was his understanding that it was possible that San Palo would not.
be used as an exit thus traffic on that road may not be an issue. He also stated that the traffic
issue could be brought up as a separate item. Mr. Saldana confirmed the statement to be true.
MOTION: By Council Member Luna to uphold the appeal and send it back to
the Planning Commission with the stipulation that the conditions put
in by staff and deleted by the Planning Commission be reinserted.
Motion failed due to the lack of a second
MOTION: By Mayor Pro Tem Arrambide and seconded by Mayor Johnson to
approve.Resolution No. 1999-029 upholding the Planning
Commission's action approving the Conditional Use Permit,with
conditions.
Motion passed 2:1 by a roll-call vote.
(Luna opposed,Lerno and Clay abstained)
CC 5/25/99 000007
Page 6 of 11
ITEM NUMBER: A- 1
DATE: • 06/22/99
• 4. ADDeal of Planning Commission Approval - Tentative parcel Map 99002 (AT 99-040) -
6105 San A selmo and 4700 San Palo Roads (Gearhart) Fiscal Impact: None (Staff
recommendation: Council adopt Resolution No. 1999-030, upholding the Planning
Commission's action approving the tentative map, based on findings and subject to
conditions) Paul SaldanaJ
Community and Economic Development Director Paul Saldana gave the staff report and
answered questions of Council.
Council Member Luna expressed concern for the possibility of the irregular lots to being a blight
issue.
PUBLIC COMM NT
William Zimmerm n, 6225 Lomita Road, Appellant, stated that with signal lights controlling
traffic he could sup'
ort this project. He explained in detail why he feels traffic signals should be
required with this p oject(see attachment B).
Mayor Johnson ask d the City Attorney to comment concerning a tie vote. Mr. Hanley
explained that in a I ie situation, the opposition is the prevailing side.
. Council Member Lima asked what type of action a change in the General Plan would be and
what would happen in the case of a tie vote. Mr. Hanley replied that it would be legislative and
a tie vote would take it directly to the Council if the prevailing side did not chose to rehear the
item before the cloE e of the meeting.
Eric Greening, 660 Lewis Ave., stated that he agrees with the Appellant that traffic control is
important. Also, he reminded the Council that CalTrans is going to make Highway 101 six lanes
which will increase the traffic in this area.
Mayor Johnson cl sed the Public Comment period.
MOTION: By Mayor Pro Tem Arrambide and seconded by Mayor Johnson to
approve the adoption of Resolution No. 1999-030, upholding the
Planning Commission's action approving the tentative map, based on
findings and subject to conditions.
Motion passed 2:1 by a roll-call vote
(Luna opposed, Clay and Lerno abstained)
CC 5/25/99 040008
Page 7 of 11
ITEM NUMBER: A-1
DATE: 06/22/99
C. MANAGEMENT REPORTS:
1. Purchase Property (adjacent to Atascadero Lake Park) - APN #031-361-003, #031-361-
011, #031-361-012, #031-361-015, -361-017
Sell Surplus Property (on Santa Rosa and Sycamore Roads) -APN#028-092-009, #056
322-010,and#056-322-011 -Fiscal.lmpact: Exchange of$225,000 of City property and
payment of$75,000 from park funds - (Staff recommendation: Council authorize City
Manager to purchase 5 parcel/s at the southwest corner of the intersection of Portola
Road and Morro Road for$300,000 and sell two lots on Santa Rosa Road and one on
Sycamore Road for$225,000 plus associated closing costs) [Wade McKinney]
Community Services Director Brady Cherry gave the staff report and answered questions of
Council
Mayor Johnson asked for clarification of the park impact fees. Mr. Cherry replied that they
would be used for capital improvements.
PUBLIC COMMENT
John McNeil, 8765 Sierra Vista, asked how the prices for the properties under discussion were
arrived at. Mr. Cherry stated that an appraisal was conducted by Pete Geffre, Jr., Appraisal
Service.
Alan Thomas, 9520 Marchant Way, stated that he is in favor of the City acquiring the property
on Morro Road adjacent to the park. He also stated that he is in favor of the City swapping
property to accomplish this. Mr. Thomas expressed support for the suggestion to condition the
use of the properties being swapped to Mr. Gearhart to be single-family residential only.
Frank Kock, 9545 Lakeview Drive, stated that he feels this is a good deal for the City. He did
express his concern that the neighborhood was not notified on this issue and asked that this item
be continued to a later meeting after the neighbors are notified. He agreed with Mr. Thomas that
the properties being swapped to Mr. Gearhart be conditioned to have single-family residents 18ft.
maximum in height only.
,Bill Zimmerman, 6225 Lomita Road, suggested the previous owner clean up the property prior to
take-over by the City.
Leland Stout, 8380 Santa Rosa Road, stated that he feels the lot bordering the lake should remain
zoned Recreational.
Barbara Combs, 9005 Lakeview, stated that she has created a walk path across the corner of her
property to facilitate walkers. She asked"that, in the future, the public be notified concerning the
trading or negotiating of City property.
CC 5/25/99 00000
Page 8 of 11
ITEM NUMBER: A- 1
DATE: ' 06/22/99
Rush Kolem_cine, P.O. Box 1990, stated that he feels this is a win-win situation. However, he
commented that the neighbors have a right to be notified of an item such as this.
Frank Kock, 9545 Lakeview, stated that the Council should remember that Mr. Gearhart would
have a difficult tiro developing the lots he's selling to the City. He asked the City to be cautious
of the fact when reviewing appraisals:
Kelly Gearhart, 62C 5 Alcantara, stated that he wanted to explain some of the background of these
properties. He reported that the City tried to buy these properties in the past for $400,000 but the
previous owners refused to sell to the City because they were unhappy dealing with the City. He
asked that the people be more careful in regards to assumptions made and invited the public to
contact him with questions or comments.
Alan Thomas, 952Marchant Way, stated that no one was criticizing Mr. Gearhart,just voicing
his or her thoughts nd concerns.
Mayor Johnson closed to the Public Comment period
Council Member L na explained that several years ago the City had borrowed 2 million dollars
to build the Polic Department, the Pavilion, and to obtain these lots. He also asked for
clarification of restrictions for property use. Mr. McKinney stated that any houses built would
have to conform the existing neighborhood.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to authorize City Manager to purchase 5 parcels at the
southwest corner of the intersection of Portola Road and Morro Road
for $300,000 and sell two lots on Santa Rosa Road and one on
Sycamore Road for$225,000 plus associated closing costs.
Motion passed 3:0 by a roll-call vote.
(Clay, Lerno abstained)
2. Weed Aba ement - Awarding of Contractor Bid - Fiscal Impact None (Staff
recommen tion: Council determine Hallett's Backhoe Service Inc. not to be a
responsible bidder and award the contract to Jack R. Bridwell) [Mike McCain]
Fire Chief Mike McCain gave the staff report and answered questions of Council.
PUBLIC COMMENT: None
MOTION: By Council Member Luna and seconded by Council Member Clay to
award the contract to Jack R. Bridwell.
Motion passed 5:0 by a roll-call vote.
CC 5/25/99 000010
Page 9 of 11
ITEM NUMBER: A- 1
DATE: 06/22/99
3. Information Bulletin
Mr. McKinney presented the Information Bulletin and answered questions of the Council.
Administrative Services Director Rachelle Rickard gave -a brief update concerning the Eden
system.
Mayor Johnson called a recess of City Council meeting to the Redevelopment Agency
Meeting at 10:45 p.m.
Mayor Johnson called to reconvene the City Council meeting after the Redevelopment Agency
Meeting at 11:1 S p.m..
4. Set Date for Redevelopment Hearing - Fiscal Impact: None (Staff recommendation:
Council adopt Resolution No. 1999-028, setting June 29, 1999 as the date of the joint
public hearing on the redevelopment plan) [Paul Saldana]
This item was moved to after Section F.
D. COMMITTEE REPORTS:
Integrated Waste Management Authority
Council Member Luna announced that he was elected the vice president of the IWMA at the last
meeting.
F. INDIVIDUAL DETERMINATION AND/OR ACTION: None
C. MANAGEMENT REPORTS: Continued
4. Set Date for Redevelopment Hearing - Fiscal Impact: None (Staff recommendation:
Council adopt Resolution No. 1999-028, setting June 29, 1999 as the date of the joint
public hearing on the redevelopment plan) [Paul Saldana]
Mr. Saldana briefly presented the staff recommendation.
PUBLIC COMMENT: None
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to adopt Resolution No. 1999-028, setting June 29, 1999 as
the date of the joint public hearing on the redevelopment plan.
Motion passed 3:0 by a roll-call vote. 0
(Clay,Lerno abstained)
CC 5/25/99 000011
Page 10 of 11
ITEM NUMBER: A-1
DATE: ' 06/22/99
G. ADJOURNMENT:
Mayor Johnson adjourned the City Council meeting at 11:27 p.m. to the next Regular Session
scheduled on June 8, 1999.
MEETING RECC RDED BY:
Marcia McClure Torgerson, City Clerk
MINUTES PREPARED BY:
Melanie Whaley, Deputy City Clerk
ATTACHMENT A-Prepared Statement of Ruth Rentschler.
B-Handout of Bill Zimmerman's.
CC 5/25/99
000012
Page 11 of 11
City of Atascadero
City Council Meeting
.May 25, 1999 Minutes
Attachment A
M name is Ruth Rentschler; I live at 6004 San Palo a
My , Road in Atascadero,
immediately adjacent to the project under discussion, Conditional Use
Permit #99002.
I am 'speaking in favor of the appeal byMro Zimmerman of the Planning
Commission"s approval to allow an automobile sales lot at 5000 'San Palo
Road.
There is a reason a used car lot requires a conditional use permit in a .
CT zoning area. It is out of place here and should be restricted to a
more compatible area, it's present location for instance. . The city has
an abundance of these lots now.
I don't see how another used car lot would make our city more attractive
to tourists, who, I 'm sure do not come here to go car shopping as a rule.
An attractive motel, not cabins behind a car lot, would- be a better choice
coupled with an up-scale restaurant to attract tourists.
But, if you decide not to agree with me I request consideration and
protection for the long established residential neighborhood.
Screening with plants and trees or fencing and elimination of the not
required southeasterly driveway facing my property combined with some
kind of traffic control would greatly decrease the impact.
Planning Staff's recommendations explain in more detail the sensitivity of
this issue.
Noise and lighting standards should also be addressed.
I hope the City Council will seriouly consider the impact this project
would have on the neighborhood and the city and instead consider a more
attractive use for everyone concerned, tourists and residents.
•
0000143
r City of Atascadero
City Council Meeting
May 25, 1999 Minutes
-Attachment B
Section 10-._ Roll Call Vote.
.A roll call vote, shall be taken upon the passage of all
resolutions, and be entered in the minutes of the Commission
showing those Commission members voting aye, those voting no, and
those not voting or absent. Upon the request of any.Commission
o
member.. a* rll call vote shall be taken and recorded on. any vote.
The call of the., roll shall not be interrupted. Any member of the .
Commission may change his/her vote before the next order of
business is taken up.
Section 11. Affect of Tie Votes.
(a) Le i lative Actions: The affect of a tie vote on a
y. matter before he -Planning Commission where the Commission is
'i acting in a le lislative capacity shall constitute "no
recommendation' on the .part of the Commission. The item shall be
k transmitted to the City Council for their action with no
recommendation from the Commission.
(b) Adjudicatory Actions: The affect of a tie vote on, a
matter before the Planning Commission where the Commission is
acting in an adjudicatory capacity shall constitute a denial on
the part of the Commission. Said denial shall be final unless
the matter is appealed to the City Council.
Section 12. Quorum.
A majority of. the Commission shall constitute a quorum for the
transaction of business. When there is no quorum for a regular
meeting, the Chairperson, Vice-Chairperson, or any Commission
member shall adjourn such meeting, or, if no Commission member is
present, the Community Development Director shall adjourn the
meeting.
Section 13. - Preparation of Minutes.
The minutes of the Commission shall be kept by the Community
Development Director or his/her assistant and shall be neatly
produced -and kept in a file for that purpose, with a record of each
particular type of.business transacted set off, in paragraphs with
proper subhead provided, however, the Community Development
Director shall be required to make a record only of such business
as was actually, passed upon by a vote of the Commission and shall
not berequire. to record any remarks of Commission members or of
any other person;. and, provided further, the Community Development
Director *shall*. to record the names and addresses of persons
addressing 'the 'Commission, the title of the subject matter to which
their remarks related, and whether they spoke in support of or in
opposition to such matter.
a
000014
Whenever tie Commission acts in a quasi-judicial proceeding such as
in certain zoning matters, the Community Development Director shall
compile a summary of the testimony of the witnesses.
Section- 14. Reading of the Minutes.
Unless the reading of the minutes of a regular meeting is requested
by a Commission member, such minutes may be approved without
reading if the Community Development Director has
previously furnished each Commission member with a copy thereof.
Section 15. Rules of Debate.
(a) Presiding officer may debate and vote. The presiding
officer may move, second, and debate from the chair, subject only
to such limitations of debate as are by these rules imposed on all
Commission -members, and shall not be deprived of any of the rights
and privileges .of a Commission member by reason of his/her acting
as the presiding officer.
(b) Getting the floor: Improper references. Every
Commission member desiring to speak shall address the chair and,
upon recognition by the presiding officer, shall confine himself or
herself to the question under debate, avoiding all personalities
and indecorous language.
(c) Interruptions. A Commission member once recognized shall
not be interrupted when speaking unless it shall be to call him or
her to order oras otherwise provided by this section. If a
Commission member, while speaking, shall be called to order, he or
• she shall cease speaking until the question of order has been
determined and, if in order, he or she shall be permitted to
proceed.
(d) Basic Chart of Motions. The attached chart shall govern
the Commission's actions on motions.
(e) Motions to reconsider. A motion to reconsider any action .
taken by the Commission at a regular meeting may be made only on
the day such action was taken or at the._next succeeding adjourned
or regular,meeting provided it is listed on the posted agenda.
Such a motion shall be made by one of the prevailing side but may
be seconded by any Commission member and may be made at any time.
It shall be debatable. Nothing in this section shall be construed
to prevent any Commission member from making or remaking the same
or another motion at a subsequent meeting of the Commission.
Section 16. 'Addressing the Commission.
Any person desiring- to address the Commission during a regular .
meeting shall first secure the permission of the presiding officer
UO003`_
ITEM NUMBER: A-2
ti DATE: 06/22/99
`■it■�� �
1918 1878
77
City Man ger's Agenda Report
Wade G. Mc inney
Zone Change 98009
9800 El Camino Real (U.S. Postal Service)
RECOMMENDATION:
Planning Commission recommends Council introduce, for second reading, by title only,
Ordinance No. 359 approving Zone Change 98009.
DISCUSSION:
Background: The project site is approximately 1.72 acres located on El Camino Real, south of
Santa Rosa Road (Vicinity Map Attachment A). The site is immediately north of the main Post
Office and south of a service station that fronts on East Front Road. The site is across El Camino
Real from several newer apartment buildings, vacant land and older homes now converted to
small businesses.
The property is owned by the U.S. Postal Service, a public agency, and was acquired by the
applicant for the re ocation and construction of a new Post Office for Atascadero. The property
that is subject to this application is vacant and a separate parcel not needed by the applicant for
facilities. It is planned on being sold by the applicant as surplus property.
Analysis: The property is currently designated on the land use map of the General Plan as
"Public", which id ntifies "only the major existing and proposed public and quasi public land
uses"! The purpose of the zone is "to provide suitable locations and standards for maintenance
and.development c f public and quasi public facilities and services".' The types of facilities
allowed under such land use are limited to those that serve a public or quasi public benefit
(public buildings, c orches, schools,parks, etc.)
Public Use no Ion er contemplated. The property is surplus property the applicant no longer
needs for the deve opment and maintenance of their operation. The applicant contemplates no
Land Use Element pages II-18.
'Zoning Ordinance 9- .421
000016
ITEM NUMBER: A-2
y DATE: 06/22/99
other public purpose for the proposed site or by any other public entities. Therefore, the
conversion of the property from a limited public zoning to tourist commercial is appropriate.
Commercial Service compatible with surrounding uses and designations. The property is
surrounded by land uses and zoning that is commercially zoned and in some I cases is commercial
service in nature. The Commercial Service land use is one of seven (7) commercial
classifications contained in the General Plan land use element. The General Plan states that
"appropriate locations for such uses include districts fronting freeway frontage roads or with
direct access onto arterial streets to preclude truck traffic using local residential streets"3. The
subject site has access to both a freeway frontage road (East Front Road) and to El Camino Real.
The General Plan "intends to provide appropriate areas for the vital products and services
described in locations which are not detrimental to abutting uses. The abutting include the Post
Office facility and a service station.
Land Use Considerations. The Commercial Service zone classification does not establish
specific minimum lot sizes or development criteria that would inhibit the effective utilization of
the property for commercial purposes. Seven native oak trees are located on the site, along the
southern boundary and along the west side facing Highway 101. There seems to be adequate
area for which the project could be designed to incorporate the native trees. Future development
would have to conform to City ordinances and design guidelines.
An initial study was completed and a determination made that the project would not have a
significant effect on the environment. A Negative Declaration was therefore posted on April 22,
1999.
Planning Commission Action: On May 4, 1999, the Planning Commission held a public
hearing to consider the proposed General Plan Amendment and Zone Change. The original
application was for a change to Commercial Tourist, same designation located to the north Based
on the request by the applicant's representative. The Commercial Service zone is different from
the Commercial Tourist zone by providing additional allowable uses that are semi-industrial. The
Commission voted unanimously to recommend approval of both applications from Public to
Commercial Service/Service Commercial. (PC Resolution 1999-023).
Conclusion: The proposed General Plan Amendment and Zone Change is compatible with
adjacent uses and would allow for the development of the site to continue the commercial uses
designated in the area. It would provide the opportunity for the Post Office to convey the
property without the restrictive uses contained within the public land use designation.
3
Land Use Element II-14
00001'7
ITEM NUMBER: A-2
DATE: 06/22/99
FISCAL IMPACT:
The change in land use and zoning from public to commercial will expand the allowable types of
retail uses on the ite. potentially resulting in an increase in sales tax revenue. The sale of the
property will result in an increase in property tax revenue, as the property is currently tax
exempt.
ALTERNATIVES:
City Council could deny the subject applications or refer the matter back to the Planning
Commission for further study if there are items that the Council would like to have further
analyzed prior to approval.
RESPONSIBL DEPARTMENT: Community Development Department
ATTACHMENTS:
A. Vicinity Map
B. Project Map
C. Planning Commission Resolution 1999-023
D. Planning Commission Minutes of May 4, 1998
E. Resolution 1999-027
F. Ordinance 359
00001.8
ATTACHMENT A
1918 1-97-9 —
C&I
GENERAL PLAN DESIGNATION
FROM: Public
TO: Tourist Commercial
ZONING DESIGNATION
FROM: Public
TO: Commercial Tourist
SITE
64s
r
s-
�S x
ry Y
r
„ X �
3x ��
r ,
K _
w
} t4?
' `=ti; .o1r .'.. a'�;�.� ✓ ....;i Wig;.: E'3 .: � � � ". .�.. M4h. ,:n� .r, .. ,WYA' ".- «m.�,aS :�.... s '� �'�."= fi.��. - ,p 1i
(3700-1.9
ORDINANCE NO. 359
AN ORD114ANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
APPROVING ZONE CHANGE #98009 THEREBY AMENDING THE ZONING MAP
FROM PUBLIC (P) TO COMMERCIAL TOURIST (CT)
FOR PROPERTY LOCATED AT 9800 EL CAMINO REAL
(United States Postal Service)
WHEREAS the Planning Commission, at a Public Hearing held on May 4, 1999, studied
and considered Zone Change#98009, after first studying and considering the Negative
Declaration prepared for the project, and
WHEREAS the Planning Commission recommended adoption of the subject zone
change; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental doct ments, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act(CEQA)have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the Zone Change
application was held by the City Council, at which hearing evidence, oral and documentary, was
admitted on behalf f said Zoning amendment.
NOW, THEREFORE,the City Council does ordain as follows:
Section 1. Findings for qpproval of zoning mqp change.
1. The zone change is consistent with General Plan policies and all other applicable
ordinances and policies of the City.
2. . The zone change will not, in itself, result in significant environmental impacts and the
Negative Declaration prepared for the project is adopted
3.
Section 2. Zoning mgp change.
The Officia Zoning Map of the City of Atascadero on file in the Community
Development Department is hereby amended as shown on the attached Exhibit A,which is made
part of this ordinan a by reference.
Section 5. Publication.
A summary of this ordinance, approved by the City Attorney,together with the ayes and
000020
Ordinance no.-357
Page 2 of 2
noes, shall be published at least five days prior to its final passage in the Atascadero News, a
newspaper published and circulated in said City, and the same shall go into effect at the
expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance
shall be on file in the City Clerk's Office on and after the date following introduction and
passage to print and shall be available to any interested member of the public.
Section 6. Effective Date.
This ordinance shall be effective at 12:01 a.m. on the 31"day after its final passage.
On motion by Council Member , and seconded by Council Member
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED: •
By:
Ray Johnson, Mayor
Attest:
Marcia M. Torgerson, City Clerk
Approved as to form:
Roy A. Hanley, City Attorney
•
000021
t
•,-AOR
ill` � rr
'�', �/!/� �r�•_.�. :.� ► �I/IIIuJ�:,� . � ,•,ice
ITEM NUMBER: A-3
DATE: 06/22/99
1972
City Manager's Agenda Report
Wade G. McKinney
Acceptance of Final Tract Map
5392 Barrenda Avenue
(Norton/Cannon)
RECOMMENDATIONS:
Staff recommei ids Council accept the Final Map for Tentative Tract Map # 96010.
DISCUSSION:
Tentative Tract Map #96010 was approved by the City Council on May 13, 1997, in
accordance with the recommendation of the Planning Commission following a Public
Hearing. The pproval allowed for the division of a .68 acre lot into six smaller lots (average
lot size of 4,966 square feet) to .be developed for residential use pursuant to an approved
Master Plan of Development.
Pursuant to C lifornia Government Code Section 66440 each approving legislative body
must approve the Final Map and accept, accept subject to improvement or reject, on behalf of
the public, an real property offered for dedication for public use in conformity with the
terms of the offer of dedication. There are no offers of dedication with this map and all
Conditions of Approval imposed by the Planning Commission have now been satisfied and
the Final Map has been signed by the City Engineer and is ready to record.
FISCAL IMPACT: one
RESPONS113LE DEPARTMENT: Community Development Department
ATTACHMENTS: Attachment A--Approved Tentative Map
000023
ATTACHMENT A
• TtNTATIVE'TRACT MAP
. ■■ ■ ■ - 5392 BARRENDA AVENUE
,9,$ , 01
,,
,
*-10000
11-001
1
JSP I 5`d
MR-
gas
CJ «
im
za
1 ` ` '=• y 3 �j
-j
J t
o
r � j
S all !
O O02
ITEM NUMBER: A-4
DATE: 06/22/99
cAu�i/
City Manager s Agenda Report
Wade G. McKinney
Acceptance of Final Tract Map
4845 El Camino Real (NortonNolbrecht)
RECOMMENDATIONS:
Staff recommends:
1. Council accept he Final Map for Tentative Tract Map#98009; and
2. Reject without prejudice the offer of road dedication.
• DISCUSSION:
On September 15, 1998 the Planning Commission approved Tentative Tract Map #98009. The
approval allowed fo an air-space (condominium) subdivision of approximately 1.87 acres into
twelve units for the development of a 25,580 square foot commercial center.
All of the Conditions of Approval imposed by the Planning Commission have now been satisfied
and the Final Map as been signed by the City Engineer and is ready to record. Pursuant to
California Gove nt Code Section 66440 each approving legislative body must approve the
Final Map and accept, accept subject to improvement, or reject, on behalf of the public, any real
property offered for dedication for public use in conformity with the terms of the offer of
dedication. The offe of road dedication on this map should be rejected without prejudice. At this
time the City is nol accepting any offers of road dedication. The offer will remain open as a
perpetual offer ofdedication for the City to accept at any time.
FISCAL IMPACT: None
RESPONSIBLE, DEPARTMENT: Community Development Department
ATTACHMENTS: Attachment A-- Approved Tentative Map
00002;
_ d ATTACHMENT A
_ Tentative Parcel Map
Tentative Tract Map 98009
4.845 El Camino Real(NortonNolbrecht)
.r-. 1p
...��•-...._.............. / _ .. •.'.....-_...� a '•O _ �m �� ! ..y Q
ti _.•- -, ................ -71
............
y e i Off.�^ ,'7••.' .. t......_.. •a.. �I R
�•I i
"
' SIII , �� ... , ~oma` ; ..�.�•- �-' .. �.,,,,,,,.,��=:s:—� t �;
7
�--x..13 21+_o N� �L��� ��•�•••�... �
/ W V 3 73
000026
ITEM NUMBER: A - 5
DATE: 06/22/99
Isla Is e
City Manager's Agenda Report
Wade G. McKinney
Community Development Block Grant Program
Fiscal Years 2000 through 2003
RECOMMENDATION:
Staff recommends City Council adopt Resolution 1999-036 approving cooperative agreement
with .the County of San Luis Obispo for participation in the Community Development Block
Grant Program forFiscal Years 2000 through 2003.
DISCUSSION:
Background: Beginning with the 1994/95 fiscal year, the City of Atascadero has participated
with the County ol San Luis Obispo and other cities as part of the "urban county" Community
Development Bloc Grant (CDBG) program. Urban counties receive annual, formula-based
grants directly from the federal department of Housing and Urban Development(HUD) under the
CDBG, HOME Investment Partnerships (HOME) and the Emergency Shelter Grants (ESG)
programs. Cooperative agreements between the participating jurisdictions established a formula
allocating CDBG funds by jurisdiction. The HOME and ESG funds were not formally divided
up,but the cities pr vided recommendations to the county on these programs.
On May 7, 1999 the County, pursuant to HUD regulations, notified the City of its right to elect to
continue to participate in the CDBG program by choosing from the following options:
1. Continue to receive CDBG allocations through the County by cooperative agreement
with the County
2. Become astand-alone CDBG entitlement jurisdiction to receive CDBG funds directly
from HUD.
3. Decline a formula CDBG allocation or entitlement and become an applicant to the
competitive state CDBG program.
Analysis: Staff has reviewed each of the three options available to the City. Staff recommends
continuation of the current CDBG allocation by participating as part of the "urban county"
program(Option 1'. This option is preferred for the following reasons:
1. '?articipation in the state CDBG program (Option 3) is competitive in nature and there is
no guarantee that the City would receive any CDBG funding from year to year.
00001,
ITEM NUMBER:_—A - 5
_ s DATE: 06/22/99
2. Becoming a stand alone City would require the City to meet all of the HUD regulations
as a grant recipient, including preparation of a five year plan, annual allocation plan,
preparation of various federally required reports, and other administrative activities. This
would require additional staff resources to be allocated toward grant administration then
currently allocated.
3. The City would be able to obtain more CDBG funds through the State than the "urban
county" program, potentially securing $500,000 to $830,000 in a competitive cycle.
However, participation in the State program requires the City's Housing Element of the
General Plan to be State certified, which the current element does not meet these
requirements.
4. The administration and distribution of HOME and other housing funds would continue to
be administered by the County. Although the City would be eligible for more funding as
part of the State competitive process, it would be required to administer the projects and
activities for which funding was allocated to.
5. Administration of the CDBG program is a highly regulated and technical process for
which the County has staff that specializes in this area. Additional training and
participation in HUD activities would require additional staff resources.
6. The funding allocation the County uses for City allocations is identical to the formula
used by HUD if the City received a direct allocation. There may be some additional
increase in funding levels as a direct entitlement city; however, it would be offset by the
increases in administration required for direct participation.
Participation as part of the "urban county" allocation program would continue to provide the City
with annual allocation of CDBG funds and continue to limit the amount of time the City would
be required to spend on program administration which would increase with either of the
remaining options. Participation in the program is for a three- (3) year fiscal year cycle;
therefore the City will be able to re-evaluate its options prior to the next three-year cycle.
Conclusion: Continued participation in the CDBG program with the County provides continued
allocation of CDBG funding to Atascadero while limiting the financial and administrative
resources necessary to participate in the program overall.
FISCAL IMPACT:
Continued availability of approximately $245,000 annually during the next 3 years for CDBG
eligible programs.
ALTERNATIVES:
The Council may choose to participate as a stand alone CDBG entitlement jurisdiction or
become an applicant to the competitive state program.
RESPONSIBLE DEPARTMENT: Community Development,ment,Department
ATTACHMENTS: Resolution 1999-036, Cooperation Agreement
00002
• _ -- RESOLUTION 1999-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
APPROVIN A COOPERATION AGREEMENT BETWEEN THE CITY AND
COUNTY OF SAN LUIS OBISPO TO CONTINUE JOINT PARTICIPATION IN
THE C MMUNITY'DEVELOPMENT BLOCK GRANT PROGRAM.
WHERE AS,the County of San Luis Obispo ("County"), a political subdivision of
the State of California, and the City of Atascadero ("City"), a municipal corporation,
desire to conti a participation in the Community Development Block Grant (CDBG)
program administered by the U. S. Department of Housing and Urban Development
(HUD); and
WHEREAS, said program will promote the public health, safety and welfare by
providing grant funds to be used by the City and County ("parties") to improve housing
opportunities for low-income and moderate-income households, to encourage economic
reinvestment, to improve community facilities and public services, and to provide other
housing-related facilities or services; and
WHEREAS, the City, as part of the federally designated "San Luis Obispo —
Atascadero—Paso Robles Metropolitan Area",wishes to again defer its entitlement status
to the County for the mutual benefit of both jurisdictions; and
WHEREAS, HUD requires that the parties enter into a Cooperation Agreement to
define their rights and obligations as a prerequisite of participation in the CDBG
program,
THEREFORE, BE IT RESOLVED BY THE ATASCADERO CITY COUNCIL
AS FOLLOWS
Section1. Findings.
1. he proposed Cooperation Agreement is consistent with the General Plan
d with City and County policies encouraging cooperation between
genies on issues of regional significance such as affordable housing.
2. he proposed Cooperation Agreement will promote the public health,
afety and welfare by enabling the City and County to participate in the U.
Department of Housing and urban Development's CDBG programs,
der an "urban county" entitlement; thus making available funds for a
ariety of housing, economic development, and public services programs
of otherwise available.
3. he Parties intend to adopt a Memorandum of Understanding which will
establish administrative policies and procedures, performance standards,
d guidelines for block grant program implementation by the County and
articipating cities.
00002
4. The proposed Cooperation Agreement is nota project for purposes of
compliance with the provisions of the California Environmental Quality
Act and the City's Environmental Guidelines.
Section 2. Authorization to enter into Cooperation Agreement.
Pursuant to Federal Regulations 24 CFR 570.501 (b), et. Seq., the City Council
hereby authorized the Mayor to enter into a Cooperation Agreement, Exhibit"A",
with the County to enable joint participation in the Community Development
Block Grant Program U. S. Department of Housing and Urban Development
(HUD).
Section 3. City Administrative Officer authorized to act for City.
The City Manager, the City's Administrative Officer, is hereby authorized to act
on behalf of the City in connection with the implementation of the agreement, on-
going operation of the Community Development Block Grant Program, and other
activities necessary to carry out the intent of the agreement.
Section 4. Public Notice.
A summary copy of this resolution, together with the ayes and noes, shall be
published at least once in full,within 10 days after its adoption, in the Atascadero
News, a newspaper published and circulated in the City. A copy of the full text of
this resolution shall be on file in the office of the City Clerk and shall be available
to any interested member of the public.
On motion by Council Member and seconded by Council Member
, the foregoing resolution is hereby adopted in its entirety by the following
roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCAADERO
Ray Johnson
Mayor 0
00003(
ATTEST:
Marcia McClure Torgerson
City Clerk
APPROVED AS TO FORM:
Roy A. Manley
City Attorney
•
000031
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF ATASCADERO FOR JOINT PARTICIPATION IN
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THE HOME INVESTMENT PARTNERSHIPS PROGRAM
AND THE EMERGENCY SHELTER GRANT PROGRAM
FOR FISCAL YEARS 2000 THROUGH 2003
THIS AGREEMENT is made and entered into this day of , 1999, by and
between the County of San Luis Obispo, a political subdivision of the State of California,
hereinafter called "County"; and the City of Atascadero, a municipal corporation of the
State of California, located in the County of San Luis Obispo, hereinafter called "City';
jointly referred to as "Parties."
WITNESSETH:
WHEREAS, In 1974, the U. S. Congress enacted and the President signed a law
entitled, The Housing and Community Development Act of 1974, herein called the "Act".
Said Act is omnibus legislation relating to federal involvement in a wide range of housing
and community development activities and contains eight separate titles;
WHEREAS, Title I of the Act is entitled "Community Development" and consolidates
several existing categorical programs for housing and community development into new
programs for such housing and development under block financial grants. The primary
objectives of Title I are the improvement and development of metropolitan cities and urban
counties or communities by providing financial assistance annually for area-wide plans and
for housing, public services and public works programs;
WHEREAS, the City of Atascadero has been designated as an entitlement city by the
U.S. Department of Housing and Urban Development(HUD), and it has been determined •
that the City is eligible to receive Community Development Block Grant (hereinafter
1 000032
referred to as "C BG") funds under HUD guidelines;
WHEREAS, the County of San Luis Obispo has requested of HUD that the County be
designated as a "urban county and County has been informed preliminarily, subject to
final determinati n, that it will qualify as an urban county and be eligible to receive CDBG
funds provided that the County's entitled cities defer their entitlement to the County to
enable both the County and the entitlement cities to jointly participate in the program;
WHEREAS, he City desires to participate jointly with the County in said program, and
is willing to defer its entitlement to the County under the terms of this Agreement;
WHEREAS, if HUD designates the County as an urban county, the County may also
be eligible to receive funds from the Home Investment Partnerships Program (hereinafter
referred to as "HOME"), the Emergency Shelter Program (hereinafter referred to as
"ESG"),and the Housing Opportunities for Persons with Aids Program(hereinafter referred
to as "HOPWA")
WHEREAS, The Housing and Community Development Block Grant Regulations
issued pursuant to the Act provide that qualified urban counties must submit an application
to the Department of Housing and Urban Development for funds, and that cities and
smaller commun ties within the metropolitan area not qualifying as metropolitan cities may
join the County i i said application and thereby become a part of a more comprehensive
county effort;
WHEREAS, as the urban county Applicant, the County must take responsibility and
assume all obligations of an applicant under federal statutes, including: the analysis of
needs, the setting of objectives, the development of community development and housing
assistance plans, the consolidated plan, and the assurances or certifications;
2 00003
WHEREAS, By executing this Agreement, the Parties hereby give notice of their
intention to participate in the Urban County CDBG, HOME, ESG and HOPWA programs.
NOW THEREFORE, in consideration of the mutual promises, recitals and other
provisions hereof, the parties agree as follows:
SECTION I. General
A. Responsible Officers. The County Administrative Officer of the County of San Luis
Obispo(hereinafter referred to as "CAO") is hereby authorized to act as applicant for the
CDBG, HOME, ESG and HOPWA programs and to administer funding and activities under
the programs. The City Manager is hereby authorized to act as the responsible officer of
the City under the programs.
B. Full Cooperation. Parties agree to fully cooperate and to assist each other in
undertaking eligible grant programs or projects, including but not limited to community
renewal and lower income housing assistance activities, specifically urban renewal and
publicly assisted housing; public services; and economic development.
C. Term of Agreement. The term of this Agreement shall be for a period of three (3)
years commencing on the date specified below and extending through federal fiscal years
2000, 2001,and 2002. The Agreement remains in effect until the CDBG, HOME, ESG and
HOPWA program funds and income received with respect to the three-year qualification
period are expended and the funded activities are completed. The Parties may not
terminate or withdraw from the Agreement while the Agreement remains in effect.
D. Scope of Agreement. This Agreement covers the following formula funding
programs administered by HUD where the County is awarded and accepts funding directly
from HUD: the CDBG Entitlement Program, the HOME Program, the Emergency Shelter
3 00003,
Grant (ESG) Pro ram, and the Housing Opportunities for Persons With AIDS (HOPWA)
Program.
SECTION II. Preparation and Submittal of CDBG Funding Applications.
A. Inclusion of City as Applicant. Parties agree that City shall be included in the
application the Cc unty shall submit to the Department of Housing and Urban Development
for Title I Housing and Community Development Block funds under the above recited Act.
B. Consolid a
ted Plan. City shall assist the County by preparing a community
development plan, for the period of this Agreement, which identifies community
development and housing needs, projects and programs for the City; and specifies both
short- and long-t' rm City objectives, consistent with requirements of the Act. County
agrees to: (1) include the City plan in the program application, and (2) include City's
desired housing e nd community development objectives, policies, programs, projects and
plans as submitted by City in the County's consolidated plan.
C. Application Submittal County agrees to commit sufficient resources to completing
and submittingt e Consolidated Plan and supporting documents to HUD in time for the
Parties to be eligi le to receive funding beginning July 1, 2000, and to hold public hearings
as required tom et HUD requirements.
D. County Responsibility. Parties agree that the County shall, as applicant, be
responsible for h' (ding public hearings and preparing and submitting the CDBG funding
application andsupporting materials in a timely and thorough manner, as required by the
Act and the fede al regulations established by HUD to secure entitlement grant funding
beginning July 1, 2000.
E. Grant Eligibility. In executing this Agreement, the Parties understand that they
4 000035
shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for
appropriations for fiscal years during the period in which the Parties are participating in the
Urban.County CDBG entitlement program; and further, the City shall-not be eligible to
participate in the HOME, ESG or HOPWA programs except through the urban county,
unless the urban county does not qualify for ordeclines to accept formula allocations under
these programs.
SECTION III. Program Administration.
A. Program Authorization. County Administrator is hereby authorized to carry out
activities which will be funded from the annual CDBG, HOME, ESG and HOPWA programs
from federal fiscal year 2000,2001,and 2002 appropriations and from any program income
generated from the expenditure of such funds.
B. Responsibilities of Parties. Parties agree that the County shall be the
governmental entity required to execute any grant agreement received pursuant to the
CDBG, HOME, ESG and HOPWA applications, and that County shall thereby become
legally liable and responsible thereunder for the proper performance of the plan and
CDBG, HOME, ESG and HOPWA urban county programs. City agrees to act in good faith
and with due diligence in performance of City obligations and responsibilities under this
Agreement and under all subrecipient agreements. City further agrees that it shall fully
cooperate with the County in all things required and appropriate to comply with the
provisions of any Grant Agreement received by the County pursuant to the Act and its
Regulations.
C. City Assistance. City agrees to undertake, conduct, perform or assist the County 0
in performing the essential community development and housing assistance activities
5
000036
identified in the City's community development plan. Pursuant to the Act and pursuant to
24 CFR 570.50 (b), the City is subject to the same requirements applicable to
subrecipients, including the requirement of a written agreement with the County as set forth
in 24 CFR 570.503.
SECTION IV. Use of Program Funds.
A. Allocation of CDBG funds. All funds received by County pursuant to this
Agreement shall be identified and allocated, as described below, to the specific projects
or activities set out in the application, and such allocated amounts shall be expended
exclusively for SL ch projects or activities; provided, however, that a different distribution
may be made wh n required by HUD to comply with Title I of the Housing and Community
Development Act of 1974, as amended.
1)Metropolitan Cities'Allocation. Parties agree that County shall"pass through"
the allocated CDBG funds to City as subrecipient within 30 days of written request
by City to fund specific projects or programs, up to a total amount equal to that to
which City would have been entitled had it applied separately as a "metropolitan
city", usir g HUD allocation formulas as applied by County, and that no
"administrative" fee or other fees will be deducted by the County to meet its
obligations under the terms of this Agreement. Further, with respect to such "pass
through"funds, County agrees to fully cooperate and assist City in expending such
funds.
2) Non- etropolitan Cities' Allocation. County agrees to allocate a portion of
CDBG program funds to the non-Metropolitan,incorporated cities participating in the
program. The amount of allocation per city shall be equal to that which the urban
6 00003'7
county formula award from HUD increases as a result of the HUD allocation
formulas as applied by County.
3) Special Urban Projects Fund. It further agreed that County shall set aside
a portion of CDBG funds as a Special Urban Projects Fund, available to all
participating incorporated cities and the County in San Luis Obispo County on a
competitive basis. Amount of the Fund shall equal fifteen (15) percent of the urban
county formula CDBG funding after deducting the allocations for cities as described
in paragraphs 1 and 2 above. The Special Urban Projects Fund shall be awarded
annually by the County Board of Supervisors, following criteria developed jointly by
County and the cities participating in the program.
4) County allocation. City agrees that urban county formula CDBG funds
remaining after deducting allocations for cities and the Special Urban Projects Fund
comprise the County allocation.
B. Administrative and Public Services Costs. County hereby acknowledges that
City, as subrecipient, incurs certain administrative costs in preparing housing and
economic development plans, program planning, management and accounting,
professional support services, and other reasonable and necessary expenses to carry
out City's plan; and further, County agrees that after"pass through"of CDBG program
funds to City, County shall not use its remaining balance of funds in any way that would
limit City's ability to use its CDBG funds to the maximum extent allowed by HUD for
administrative, public service, or program purposes.
C. Income Generated. City shall notify the County of any income generated by the 0
expenditure of CDBG funds received by the City. Such program income may be
7 0000"
retained_by City subject to the provisions of this,Agreement,the Act and its Regulations.
Any program income retained must only be used for eligible activities in accordance
with all CDBG requirements as then apply.
D. Use of Program Income. County shall monitor the use of any program income,
requiring appropriate record-keeping and reporting by the City as may be needed for
this purpose, and shall report the use of such program income to HUD. In the event of
close-out or change of status of the City, all program income on hand or received by
the City subs quent to the close-out or change of status shall be paid to the County.
In the event t at the City withdraws from the urban county to become an entitlement
grantee, as provided under 24 CFR 570.504, all program income on hand or received
by the City from urban county activities shall be retained by the City to be used as
additional CD G funds subject to all applicable requirements governing the use of
CDBG funds.
E. Change in Use of Property. City shall notify the County of any modification or
change in the jse of real property acquired or improved in whole or in part using CDBG
funds that is within the control of the City, from that use planned at the time of
acquisition or improvement including disposition. Such notification shall be made within
thirty (30) days of such change of use.
F. Reimbursement Upon Sale or Transfer. City shall reimburse the County in an
amount equal to the current fair market value, less any portion thereof attributable to
expenditures of non-CDBG funds, of property acquired or improved with CDBG funds
that is sold or transferred for a use which does not qualify under the Regulations. City
shall inform the County of such program income within thirty (30) days if the income
8 000039
results_from the sale or change of use of property acquired or improved with CDBG
funds.
G. Fair Housing Implementation. Parties agree that no urban county funding -shall
be allocated or expended for activities in or in support of any cooperating unit of general
local government that does not affirmatively further fair housing within its own
jurisdiction or that impedes the County's actions to comply with its fair housing
certification.
H. Conflict Resolution. In the event of disagreement or objections by City or County
as to the allocation,disbursement, use, or reimbursement of CDBG funds, the Parties
agree to accept HUD's binding arbitration and written determination as to the
appropriate resolution or disposition of funds.
SECTION V. Amendment or Extension of Agreement.
A. Subrecipient Agreement. For each fiscal year during the term of this Agreement,
County and City shall enter into a Subrecipient Agreement, prepared jointly by County and
City, that will list the project{s) City will undertake with its CDBG entitlement funds during
that program year. Said Subrecipient Agreement will set forth the project changes, time
schedule for completion of the project(s), and additional funding sources, if any. If
substantial compliance with the completion schedule cannot be met by the City due to .
unforseen or uncontrollable circumstances, the City may extend the schedule for project
completion, as allowed by federal regulations.
B. Amendments. Parties agree that a fully executed amendment or amendments to
this Agreement may be entered into at any time if required or necessary to implement the 0
plans contemplated hereunder, or to comply with any grant agreement or the regulations
9
000040
issued pursuant to the Act.
SECTION VI. Co fiance with Federal Regulations.
A. General. Parties agree to take all actions necessary to comply with the urban
county's certification required by section 104(b) of Title I of the Housing and Community
Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964,
the Fair Housing Act, Section 109 of Title I of the Housing and Community Development
Act of 1974; the National Environmental Policy Act of 1969; the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970; and other applicable laws.
B. Citizen Pa icipation. Parties agree to comply with federal citizen participation
requirements of 24 CFR Part 91, and provide citizens with:
1) An estirr ate of the amount of CDBG funds proposed to be used for activities that
will benefit 3ersons of low and moderate income; and
2) A plan for minimizing displacement of persons as a result of CDBG-assisted
activities and programs, and to provide assistance to such persons.
C. Citizen Participation Plan. Parties agree to follow a citizen participation plan
which:
1) Provide for and encourages citizen participation, particularly those of low or
moderate income who reside in slum or blighted areas where CDBG funds are
proposed to be used;
2) Provides citizens with reasonable and timely access to local meetings, staff
reports, and other information relating to grantee's proposed use of funds, as
required by HUD regulations related to the actual use of funds under the Act;
3) Provide for public hearings to obtain citizen views and to respond to proposals
and questions at all stages of the community development program, including at
least: 1)formulation of needs; 2) review of proposed grant activities; and 3) review
of program performance; for which public hearings shall be held after adequate
notice, at times and locations convenient to potential or actual beneficiaries, and
with accommodation for handicapped persons;
4) Provides for a timely written answer to written complaints and grievances, within
10 000041
15 working days where practicable;
5) Identifies how the needs of non-English speaking residents will be met in the
case of public hearings where a significant number of non-English speaking
- residents can be reasonably expected to participate.
D. Parties hereby certify, to the best of their knowledge and belief, that:
1) Conflict of Interest. No federal grant monies have been paid or will be paid, by
or on behalf of the Parties, to any officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract,the making of any
federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification
of any federal contract, grant, loan, or cooperative agreement.
2) Influence. If any funds other than federally appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan or cooperative agreement,the undersigned shall complete and
submit standard form LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3) Certification Disclosure. Parties agree to include this certification in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements), and that all grant
subrecipients shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was
entered into.
E. Certification Regarding Policies Prohibiting Use of Excessive Force and
Regarding Enforcement of State and Local Laws Barring Entrances.
In accordance with Section 519 Public Law 101-144,(the 1990 HUD appropriations
Act), the Parties certify that they have adopted and are enforcing:
1) A policy prohibiting the use of excessive force by law enforcement agencies
within their respective jurisdictions against any individuals engaged in non-violent
civil rights demonstrations; and
•
11 000042
2) A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non-violent
civil rights demonstrations within their jurisdictions.
SECTION VII. E ecution of Agreement and Recordkee in .
A. HUD Certif ication. The CAO or the City Attorney are hereby authorized to execute
and submit to the County the HUD Certification Form with respect to the community
development activities carried out within the boundaries of the City. It is further understood
that the County w�ll rely upon the certifications executed by the CAO or City Attorney for
purposes of executing a certification form for submission to HUD.
B. Maintenance of Records. City shall maintain records of activities for any projects
undertaken pursuant to the program, and said records shall be open and available for
inspection by auditors assigned by HUD and/or County on reasonable notice during the
normal business hours of the City.
IN WITNESS WHEREOF, the City Council of the City of Atascadero and the Board of
Supervisors of the County of San Luis Obispo have authorized this Cooperation
Agreement and direct its execution by their respective chief executive officers on this
day of ' 1999.
12 000043
t
County Counsel Certification
The Office of the County Counsel hereby certifies that the terms and provisions of this
Agreement are fully authorized under State and local law,and that the Agreement provides
full legal authority for the County to undertake or assist in undertaking essential community
development and housing assistance activities, specifically urban renewal and publicly -
assisted housing.
By:
Timothy McNulty, Deputy County Counsel
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney .
COUNTY OF SAN LUIS OBISPO
By:
Chairman of the Board of Supervisors
ATTEST:
Julie Rodewald, County Clerk
13 000044
CITY OF ATAS ADERO:
By:
Mayon
ATTEST:
City Clerk
dl:atas2kagmt.wpd
14 0000,4
ITEM NUMBER: B - 1
DATE: 06/22/99
al WIN
8i
City Manager's Agenda Report
Wade G. McKinney
Placing S wer Service Charges on the 1999-00 Property Tax Rolls
RECOMMENDATION:
Staff recommends Council adopt Resolution No. 1999-035 at the conclusion of the Public
Hearing, placing sewer service charges on the 1999-2000 property tax rolls.
DISCUSSIO
City Ordinance provides for the collection of sewer service charges on the general County tax
bills. Charges have been collected in this manner since the County Sanitation District was
dissolved in 1984. The attached resolution has been prepared in accordance with Section 54354.5
of the Government code to accomplish the necessary collection through the 1999-00 property tax
bills. There has been no increase in the sewer service rates. In addition, a Notice of Public
Hearing has been published noticing this action.
The relevant area of discussion during the public hearing is whether or not the property owner is
responsible for all or any portion of the sewer.service charge that is listed on Exhibit A. Any
questions or concerns received during the public hearing should be referred to staff for resolution
prior to.submitting the charges to the County Auditor by the July 16th deadline.
FISCAL IMPACT:
The City will bill $1,367,383.74 in sanitation service charges for Fiscal Year 1999-00.
RESPONSIBL DEPARTMENT: Community Services
ATTACHMENTS: Resolution No. 1999-035
000046
RESOLUTION NO '1999-035 5
A RESOLUTION OF
THE COUNCIL OF THE CITY OF ATASCADERO
ADOPTING SERVICE CHARGES TO BE ADDED TO THE 1999-00
PROPERTY TAX ROLLS
WHEREAS, Council, after due notice was given in accordance with Section 5473
of the Health and Safety code has duly held a public hearing concerning the addition of
the 1999-00 service charges to the 1999-00 property tax bills; and
WHEREAS, at'said hearing the attached report marked "Exhibit A" containing
such charges was duly received by said council; and
WHEREAS, at said public hearing opportunity was given for filing objections and
protests and for presentation of testimony of other evidence concerning same; and
WHEREAS, it is in the public interest that this body adopt the charges and
determine and confirm the report presented at the hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Atascadero, as follows:
Section 1. That the recitals set forth hereinabove are true, correct and valid.
Section 2. That Council hereby adopts the service charges set forth on the
attached report marked "Exhibit A" which is hereby expressly incorporated herein by
reference as though here fully set forth; and Council hereby determines and confirms the
report containing such charges as set forth in said "Exhibit A" and hereby further
determines and confirms that each and every service charge set forth in said report is true
and accurate and is in fact owed.
Section 3. That the charges as so confirmed and determined and adopted shall
appear as separate items on the tax bill of each parcel listed in said report, and such
charges shall be collected at the same time and in the same manner as ordinary County ad
valorem taxes are collected, and are subject to the same penalties in the same procedure
and sale in case the delinquency is provided for such taxes.
Section 4. The City Clerk shall file a certified copy of this resolution and said
Exhibit A with the County Auditor upon its adoption.
Section 5. This resolution is approved by at least a two-thirds vote of said
Council.
000047
Resolution No. 1999-035
Page 2
On motion by Councilman and seconded by Councilman the
foregoing resolution is hereby adopted in its entirety by the following vote:
AYES.
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia M. Tor erson Ray Johnson
City Clerk Mayor
OU0048
ITEM NUMBER: C — 1
s DATE: 06/22/99
1918 197
City Manager's Agenda Report
Wade G. McKinney
Animal Control Contract 1999/2000 FY
RECOMMEN ATION:
Staff recommend Council authorize the Mayor to execute an amendment to Atascadero's
agreement with th County of San Luis Obispo for Animal Services, extending the agreement for
the 1999/2000 FY.
DISCUSSION:
Background: The City contracts with the Department of Animal Services, San Luis Obispo
County Sheriff's Department (formerly Division of Animal Regulation, under the San Luis
Obispo County H alth Department) for animal related services. Contracts are normally two
years and run from July 1 to June 30 with no more than a 5% increase each year. The current
contract expires June 30, 1999. For the last six years, the City has contracted for "package D",
providing a full range of animal control services with no increase in cost.
Analysis: Based on the packages available, the City has the option of two packages with Animal
Services next year, Package "A" which is a very basic level of service or package "D" which is
the same full service package we have had for six years.
Contracting for pa kage "A" would require police officers to contain and transport stray animals,
and to possibly house, feed, and water, animals at the police station. Additionally, given the
current level of deployment and the number of calls for service, the City should not expect to
have the same level of animal control service we currently have. Animal related calls would be
prioritized with other calls for service resulting in extended response times.
Contracting for package "D" would maintain the current service levels to the community. This
full service package covers the pick up of domestic animals, housing, citizen complaints,
criminal complaints, hearings, court filings and proceedings, and field enforcement (see attached
contract for details).
Packages "B" and"C:"have been discontinued by Animal Services.
000049
ITEM NUMBER:—C — 1
s DATE: 06/22/99
The San Luis Obispo Sheriff's Department took over Animal Services from the Health
Department (as noted above) about one year ago. The Sheriff has made many changes to the
department, both, personnel and operations, and has advised the County Police Chief's he is not
completely satisfied with the reporting procedures. The Sheriff has committed to review the
reporting procedures and daily operations to determine a more economical pian,and report back
to the Cities. The Sheriff has advised that there will not be a 5% increase for FY 1999/2000 as
previously reported
FISCAL IMPACT:
The total contract amount is $55,000,billed quarterly at$13750.
ALTERNATIVES:
Implement a City maintained Animal Control Department.
Discontinue providing animal control services.
RESPONSIBLE DEPARTMENT: Police .
ATTACHMENTS: Animal Services Contract
000050
AAEENDMENT TO AGREEMENT FOR ANIMAL SERVICES
EXTENDING TERM FOR ONE ADDITIONAL YEAR
THIS AMENDMENT TO AGREEMENT,made and entered into on July 1, 1999,
by and between the County of San Luis Obispo (hereinafter referred to as "County")and
the Citv of Atascadero, (hereinafter referred to as "City"),
WITNESSETH
WHE REAS,County and City previously entered into an Agreement("the original
agreement"),dated July 1, 1997 under the terms of which County agreed to provide certain
animal control services within the boundaries of the City; and
WHEREAS, the parties desire to extend the period of time during which the
original agreement shall remain in effect until June 30, 2000, subject to the termination
provisions o the original agreement;
NOW, THEREFORE, in consideration of the covenants, conditions, agreements,
and stipulate ns set forth herein, the parties hereby agree that the Agreement shall be
amended as et forth below:
1. The period of time during which the original agreement shall be and remain in
effect shall be amended so that the agreement continues in effect for one additional
year,through and including June 30,2000,subject to the termination provisions of
the original agreement.
2. In all other respects, the provisions of the original agreement shall remain in
effec t.
IN TNESS THEREOF,the parties have executed this Agreement as of the date
Page 1 of 2
000051
first set forth above. City of Atascadero resolution duly adopted by its City Council causes
this Agreement to be signed by its mayor and attested by its clerk,and County of San Luis
Obispo by order of the Board of Supervisors causes these presents to be subscribed by
Chairman of said Board and seal of said Board to be affixed hereto attested by clerk of said:
CITY OF ATASCADERO ATTEST:
By: By:
Ray Johnson,Mayor Marcia M. Torgerson, City Clerk
COUNTY OF SAN LUIS OBISPO ATTEST:
By: By:
Chairman, Board of Supervisor Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
By: By:
Roy A. Hanley James Lindholm,Jr.
City Attorney County Counsel
Date: Date:
FACONTRACTS
Page 2 of 2
000052
1997-98 Proposed City Contract Packages .
PACKAGE A
BASIC SERVICES/EMERGENCY SERVICES
1. SHELTER PROVISIONS/ANIMAL DISPOSAL
The availability of a shelter to provide care for unlimited numbers
of stray animals transported by citizens from the city incorporated
boundaries. This shall include the administration necessary for
surrender of animals at the shelter, the care of animals during the
72 hour hold period, and final disposal of animals through
redemption, adoption, or destruction.
2 . ANIMAL BITE INVESTIGATIONS/QUAR.ANTINES
The taking of animal bite reports and subsequent investigation and
quarantine of bite animals. The keeping of such records and
• reporting of information to the State Department of Health
Services.
3 . RABIES CO ROL/SUSPECT RABID ANIMAL HANDLING/TESTING
The response to and attempted capture of suspect rabid wildlife and
domestic animals. The destruction of such animals, proper
laboratory preparation for rabies testing, transport of tissue to
the County Public Health Department for testing, and proper
disposal of remains when found to be positive.
4. EMERGENCY SERVICES
The response to and attempted capture of injured domestic animals,
transport of and medical aid to animals when needed for
stabilization and subsequent sheltering of animal as per provisions
stated in shelter services. . Response to potentially rabid wildlife
and domes is pets when someone is on scene. Response to aggressive
animals or animals that have bitten and the owner is not available
Hold animals relative to an arrest or accident. Emergency services
shall be orovided 24 hours a day, seven days a week. Response to
four (4) emergency call outs per year that may fall outside stated
criteria and approved by a Watch Commander, Contract Enforcement
Committee representative, or Chief of Police.
COMRAM9798CONTRACT.WPO 1 of 10 Revisjo(i,i0�f��Q V.4]
PACKAGE B
BASIC SERVICES/EMERGENCY SERVICES (A) PLUS
CITY DESIGNATED PICK UP LOCATION (B).
5. PICK UP OF UNLIMITED STRAY, DOMESTIC ANIMALS FROM ONE DESIGNATED
LOCATION
The pick up of UNLIMITED numbers of stray, domestic animals from
one designated location within the contracting city. The city will
be responsible for providing food, water, and cleaning the
designated kennels .
PACKAGE C
BASIC SERVICES/EMERGENCY SERVICES (A) PLUS
CITY DESIGNATED PICK UP LOCATION (B) PLUS
FIELD PICKUP OF UNLIMITED DOMESTIC ANIMALS: DOGS, CATS, OTHER, DOA' S
6. FIELD PICK UP OF UNLIMITED DOMESTIC ANIMALS
The response to and pick up of UNLIMITED numbers of stray,
confined, domestic animals . The transport and care of impounded .
animals at the shelter in the basic service package described
above. Pick up shall include dogs, cats, other domestic animals
during normal hours of operation, including domestic animals dead
on arrival.
PACKAGE D
BASIC SERVICES/EMERGENCY SERVICES (A) PLUS
CITY DESIGNATED PICK UP LOCATION (B) PLUS
FIELD PICKUP OF DOMESTIC ANIMALS: DOGS, CATS, OTHER, DOA' S (C) PLUS
CITIZEN COMPLAINTS BARKING, LEASH LAW, CRUELTY INVESTIGATIONS
NUISANCE ABATEMENT/HEARINGS & COURT PROCEEDINGS
FIELD ENFORCEMENT: PATROL REQUESTS, CITATIONS
7 . CITIZEN COMPLAINTS
The processing of citizen complaints, response to complaints,
maintaining cumulative records, and action taken on complaints .
8 . NUISANCE ABATEMENT/HEARING & COURT PROCEEDINGS
The recording, filing, investigation, office hearings, issuance
orders to abate, and processing to court of nuisance abatement
through city attorney' s offices .
2 of 1.0 Reoslon Date: 24 July 97
C0NTRACT%9798C0WRACT.%VPO
0uUU54
9 , FIELD--ENFORCEMENT
Processing and performing patrols within a specified area when
requested by a citizen and issuance of citations for violations .
10 COURT; FILINGS & PROCEEDINGS
Filing da gerous/vicious, cruelty or abandonment cases to court
with approval of city attorney' s office. Collection of incident
reports, photographs, etc. Court appearances and follow up related
to these cases .
Contract fees shall cover UNLIMITED response by Animal Services in the
performance of services included within the contract package. Cities
shall be billed for the contract fees on a quarterly basis .
3 of 10 Revlslon Date:
�24JUIV 97
V
CDNTRACT9798CDNTRACT.WPD 0055