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Agenda Packet 02/08/2000
k AGEDA yk #gyp. �# �i �^#7 U 'q�,#t , OT r ei mIq i Cityof Atascadero ll `' A:° Uo'Pat' a'AVonue 1, 9dd8 "O, California' V y�u!�F +�a / C i s M. Z" meiatelolawiri Idevemeat Agenicy 1VI>�eting) a *} C n e` th legal cowl sel[ . Cede §'54956.41 Rj ' tzg:Iit� t ,. Ataseadero v Felt Gearhart j} >. i1 $q..# #� ��' lp.Il lr� i iV'(1 i•. r�.^ �y. -k b 1 01 f Ltllkt A : Ma % r Pro°'fern A mblcle u �} Mayov Iplio1etti,Arrambide a,: g cot nt i MeTT b&Clay fi xziuncil Miter Luna C Meinber Scalise GENPA,:' ai> all i # .tx•h2 j M � (� �1yy F ` 8Foci ic3n cllaritelary 29,2W0, "Spay",day USAj' He exp - t resent * pert cafe crt RecOgnitibn'for exclary conduct t - e lt�� 14 a Aw1r1e 1 lope. nW �- ,, s �, � . 2 x •1 113 � }T �`h l i ^I nc " r t t vT ' , -p11i mport,11d�ro r� j : }r r* e '$a�^ t c. �tidtzin &, 7 `8, �`Of,C 'f�'r # 3 '`j�j - ..Q a'` � iit r: �' T,r,;.P�`.A. a 9 t k GT , d• F .- �, 4. t '` .5 a 'pf n A ,q 11 f b+> t ` 5 �'7 � ,'e t r m ��gn+ffjj'jj� d i�'^ �k # s " t F - TV:.i l lA - �f �� a` i ,,^, { � � t y=,� *gi;., 11 11 -+f$ - � .� n q }to .4 cy}ry� te- eyjhe yy�y e (� /d fct /y�s/oes)q �t, 1.to 14 i `tjhy/}11/}�g1oy $ :orr.�zny�' , Y '4.[ { �/'I I- i ori f6M.7 N £ .� r,,,�l- Ic ibilco ind �j� t�+Y✓{A �46.1+Y$i'J.)Y' ` Lmp wiC lf- 4 . d ^' �` 7ttGS k E ell_ ^ > *fes ,tire recur , r� mrxl xi your , { in, s neat in. 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V> 'n ak kE a # `h*9 i ,1 ff b� n e 1.1ffic 'of!"+�'j idF V,� A 3 , $§�},9��y 1{'.¢X9 pk�(j�( y�r w :�r�,�'{�`yy' app p Xg� '._30 .y'�. 16.1 ('}`.}!(.� 'S ,,. n -� f"'t :}� I.,Ab,4 'i9y � ,. l+0.XK 3nf f.' �#4 ;q 9 "V V4i Ye"i t 04y �i•11.k... e �""'S.'$'V� t + ��. : il 7, °�i aiY 'l k 3 �i I Iain e ' C� if �I , I prion t $ f f} ) r t a A h ,d r "[,4 i tr n r + ° <� # x .l°` 'a "SPAYDAY USA" February 29,2000 WHEREAS, Dogs and catsgive companionship to and share the homes of over 50,000,000 individuals in the United States,and IWEREAS, Two unalteredcats and their kittens can produce 420,000 more cats in seven yews, and two unaltered dogs and their puppies can produce 67,000 more dogs in six years;and WHEREAS, Humane societies and shelters euthanize 8 to 10 million dogs and cats each year, although many of them are healthy and adoptable, sifnply because there are not enough good homes,and 'ER.E9S, The problem of companion animal overpopulation costs the taxpayers of this country millions of dollars annually through animal control programs aimed at coping with the millions of unwanted dogs and cats;and WHEREAS, Spaying and,neutering dogs and cats has been shown to drastically reduce dog and cat overpopulation;and WHEREAS, veterinarians, humane societies, and national and local animal protection organizations worked together to ensure the spaying or neutering of more than 100,000 companion animals through "Spay Day USA"in 1999;and WHEREF4S, Veterinarians, humane societies and national and local animal protection organizations have joined together again to advocate the spaying and neutering of companion animals during "Story flay USA 2000`"; NOW, THEREFORE, BE IT RESOLVED by the Atascadero City Council, that February 29, 2000 is designated "Spay Day USA" The Mayor is authorized and requested to issue a proclamation calling upon the people ofAtascadero to observe the month having their own dogs or cats spayed or neutered or by sponsoring the spaying or neu anothe person's dog or cat. R Joh so ,Mayor City of adero, CA Dated.• February 8, 2 00 GSL 0 0 1 ITEM NUIM$ER• A—1 DATE: P/0&2000 MINUTE ATASCADERO CITY COUNCIL MEETING TUESDAY, JANUARY 25, 2000 7:00 p.m. MISSION I TER VEEWS, 5:30 P.M. 1: -intenriew candidates < 2. . Select,by ballet,two citizens for the Planning Commission. Mayor Johnson called the meeting to order at 5:34 p.m. The Council interviewed the five tanididateg1for Planning Commission. David Bentz and Bob.Kelley were appointed to four year terms which will expire in February 2404. Mayer John adjourned the meeting at 6:30 p.m. for the purpose of holding the l e -el p ent a is meeting. .. tLA SOSION,7:00 P.M. ar Johnson cued the meeting to order at 7:14 p.m. and led the Pledge of Allegiance. 1L"" z ., Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson Absnt: None Viers Print: City Clerk Marcia Torgerson and City Treasurer David Graham Staff Present. City Manager Wade McKinney,Police Chief Dennis Hegwood,:Fire Chief Mike McCain,Community and Economic Development Director Paul Saldafia, Community Services Manager Geoff'English,Assistant City Engineer John Neil, Principal Planner Warren Frace,Assistant Planner Jamie Heltsley,Chief of Wastewater operations Marls.Markwort,and City Attorney Roy Hanley. 00;�'10 K AL } 'AGF SA. TI( N By Coun l'l a ber Clay, , ` seconded by Counef ember Luna to approve the agenda. M#i passed 5. hy a mg-c-all v NI°TYFote- MWO Ul . None + ANNO CE I T Alli IIEPO TS. COUMA Mem Clay stated he watt Atascadero to explore changing the name of the c Std Hospital. He suggested California StateHospital, or California Men's p t OalC,V'alley..State HoVital,etc: He asked the Council to consider tl�i •i ue. Mayor . as +ed. to to review the>City's options and come back to Council. A14,*.Pro Tlem,Armnbide asked about the issue of having ember on the advisory board for A '_adMate Hospital: He confirmed with staff that they are working cin theissue. CONSENT CALENDAR 1 City C+ a�ncil minutes-�January 11,2000 Citi Clergy'recommendation.- Council apprave the City Co aracil minuteslofJanuary 11, 2000,fMdrcia McClure Torgersonj Zx P cel / T 9 - U3-9125 San Diego Road(Vaughan 1 l�ehrir�g) Fiscal Impact., None * Staff recommendation: 1. Council accept the Final Map 998006, and ', .Cvuracil accept;a Public utility Easement as shown on Attachment B. [Community flevelopr ent Department] I}Titil'�. y Mayor Pro Tem A " bide and seconded by Co df—M er Seale to approve Items#A4 and 2. Madan passe, 3.t1 by a roll call vote. GC, 003 B. PUBLIC HEARINGS: 1. Burning Regulations ■ Fiscal Impact: None ■ Staff recommendation: Council oppose the ban on backyard burning being considered by the Air Pollution Control District and begin an education program as outlined in this report to improve the use of the Green Waste Program. [Fire Department] Fire Chief Mike McCain gave the staff report and introduced Karen Brooks of the Air Pollution Control District who was available tonight to answer questions. Mayor Pro Tem Arrambide stated that he is concerned about the burning issue but also feels we need to focus on a green waste recycling plan for the community. He said he concurs with the staff recommendation. Council Member Clay commented that he does have concern for the step-by-step stopping of backyard burning. He stated that burning is necessary and should be the choice of the property owner. He mentioned that backyard burning was not a topic of concern in the community survey. Mayor Pro Tem Arrambide stated that later in the agenda tonight, a request from APCD to contribute toward a central coast ozone study will be discussed. He said that he does have a concern for the health issue, but does not want to rush into a faulty program. Council Member Luna expressed concern that the Council is overreacting as the APCD proposal offers a date of May 1, 2001 for a public hearing to consider possible extension of the deadline for backyard burning. He reminded the Council that at the Smart Growth Conference, they urged Council Members to be careful about turning over the land use and the quality of life in the community to your Public Works Department and your Fire Department. Council Member Luna expressed concern that the green waste will end up in the landfill. He urged the Council to work with the APCD and not oppose them. Mayor Johnson announced that he does support looking for alternatives to burning, and keeping burning options open until we do find some alternatives. He commented that if we did ban some backyard burning, we would need an alternate solution immediately, which would be rather difficult at this time. Council Member Clay stressed that there is no difference in the air quality on burn days and non- burn days. He expressed concern for stopping backyard burning altogether. Council Member Scalise concurred with many of the previous comments, but stated that Atascadero burning problems are not the same as those in South County. She expressed support for keeping our options open in Atascadero. Council Member Clay cautioned that not all change is good change. CC 01/25/00 r f Page 3 c L .)pi� �t Mayor Pro Tem Arrambide recognized the health issue associated with burning. He stated that we need more information prior to agreeing with the APCD's proposal. Council Member Luna suggested that backyard burning be limited by the Fire Department to specific lot sizes, taking in to consideration fire hazard, etc. He stated that the APCD needs to be educated on our problems, and we should take advantage of possible grants which would allow use to move away from backyard burning. Mayor Pro Tem Arrambide discussed the ordinances involving backyard burning. Council Member Clay stated that he agrees with Council Member Luna to a point, however, he feels freedom of choice is important. Fire Chief Mike McCain stated that the Fire Department does enforce burning regulations. PUBLIC COMMENT Karen Brooks, APCD, stated the APCD is aware of the efficient process Atascadero follows concerning backyard burning and fire prevention. They are willing to work with Atascadero on a proposal that will be conducive with our needs. APCD is also willing to create a North County committee to work on this issue. Eric Greening, 6600 Lewis Ave., said he is hearing an agency that is willing to work with us and • a Fire Chief that is willing to work with the APCD. He expressed his concern with the burning of poison oak and its effect on people with respiratory problems. Robert Nimmo, 7375 Bella Vista, said he feels that if it is not broken, do not fix it. He expressed concern that the alternative to backyard burning is filling our landfills. Mr. Nimmo stated the next to go will be barbecues and fireplaces. He encouraged the Council to go slow with regulations in our community. Richard Moen, 4200 Portola Road, explained that he has many trees on his property and wants to continue to be able to burn his prunings. He stated that he would rather breath in wood smoke rather than the exhaust from the trucks taking green waste to chippers and the landfill. Steve Rossi, 9575 Morro Road, Rossi Transport Service, said he has many oak trees which requires him to burn limbs that fall. He stated that his company takes green and brown waste from the landfill and creates mulch. He encouraged the Council to promote education within the public and urged the Council to seek out alternatives. Gary Pellett, 4255 San Benito, suggested the City allows people to burn on various days because if everyone has to burn on the same day it creates excessive smoke. Mayor Johnson closed the Public Comment period. CC 01/25/00 Page 4 !1 { J Council Member Luna asked to add to Staff's recommendation the following: "F. Work with the APCD and the IWMA to obtain grants to establish programs and equipment for alternatives to backyard burning." He stated that this wording would clarify that we are trying to work with them rather than oppose them. Council Member Scalise stated that while she does not see too much a problem with his suggestion with the exception that she has a concern for the potential of noise problems, etc. She stressed that what we have in Atascadero is working and she would like to keep the control we currently have. Mayor Pro Tem Arrambide suggested adding the following: "G. The City of Atascadero will submit an annual plan of education toward an ultimate resolution, not complying with the date certain, but until that time took place that we could convert, we would submit a plan that would be reviewed by the APCD Board." Mayor Johnson stated that he is unsure about recommending an annual plan. Council Member Clay stated that he likes the original recommendation without the additions. MOTION: By Council Member Clay and seconded by Council Member Scalise to oppose the ban on backyard burning being considered by the Air Pollution Control District and begin an education program as outlined in this report to improve the use of the Green Waste Program. Motion passed 5:0 by a roll-call vote. 2. Subdivision Ordinance Update— Staff-initiated comprehensive update of the City's Subdivision Ordinance ■ Fiscal Impact: None ■ Planning Commission recommendation: Council introduce for first reading by title only, the attached draft Ordinance adopting a comprehensive update of the City's Subdivision Ordinance. [Community Development Department] Community and Economic Development Director Paul Saldana gave the staff report and answered questions of Council. There was no public comment. Council Member Luna commented that this is a fair rewrite of the Subdivision Ordinance. He has been waiting for the Quimby Act to get acceptance in the City of Atascadero. However, he stated he has a fundamental problem with the Council turning over land use to un-elected surrogates. Council Member Luna expressed that now the decision making body is the Planning Commission, and feels it is inadequate with respect to accountability to the citizens. CC 01/25/00 Page 5 C. r) �t v Council Member Scalise stated that the tentative maps do come before the Council after the Planning Commission. Mr. Saldana clarified that the tentative maps go before the Commission and final maps go before the City Council. Council Member Luna pointed out that currently, the final maps are administerial. MOTION: By Council Member Scalise and seconded by Mayor Pro Tem Arrambide introduce for first reading by title only, the attached draft Ordinance adopting a comprehensive update of the City's Subdivision Ordinance. Motion passed 4:1 by a roll-call vote. (Luna opposed) C. MANAGEMENT REPORTS: 1. Disposition of Surplus City Equipment—excluding vehicles ■ Fiscal Impact: Indeterminate amount of revenue ■ Staff recommendation: Council authorize the City Manager to enter into an agreement with Asset Liquidations for the disposition of surplus City equipment. [Community Services Department] City Manager Wade McKinney gave the staff report. Mr. McKinney and Geoff English, Community Services Manager, answered questions of Council. Council Member Clay stated that he has a problem with 50% commission. He suggested Rick Graft of West Coast Auctioneers who works with several other agencies in the county. There was no public comment. Council Member Scalise stated that being in the auction business provides very low returns, and suggested that being able to go to a market would be better. MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Scalise to authorize the City Manager to enter into an agreement with Asset Liquidations for the disposition of miscellaneous surplus City equipment not including vehicles. Motion passed 3:2 by a roll-call vote. (Luna & Clay opposed) 2. Legislative Priorities ■ Fiscal Impact: None ■ Staff recommendation: Council adopt attached draft Resolution establishing the City's legislative priorities for 2000. [City Manager's Office] CC 01/25/00 Page 6 C. r` 0 r City Manager Wade McKinney gave the staff report. Council Member Luna shared his concern with the taxation of internet sales. He recommended removing the item on page 148 of the staff report which opposes legislation that limits internet sales tax. The Council agreed (see Attachment A). There was no public comment. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to adopt draft Resolution establishing the City's legislative priorities for 2000 with the following amendment: Remove item on Page 148 of the Staff Report which opposes legislation that limits internet sales tax. Motion passed 5:0 by a roll-call vote. City Clerk Marcia Torgerson announced that the Resolution number will be 2000-001. 3. Request to Place Sewer Connection Fees on the Property Taxes—(Lizama—3405 El Camino Real) ■ Fiscal Impact: Approval would delay collection of fees; however, interest would be charged and collected. ■ Staff recommendation: Council deny this request. [Community Services Department] City Manager Wade McKinney gave the staff report and answered questions of Council. PUBLIC COMMENT Ben Lizama, 3405 El Camino Real, owner of the property in question, explained the problem he is having with the ground water. He said has no choice but to hook up to the sewer system which will cost approximately $12,000. Mr. Lizama stated he is asking for the City's help. Mayor Johnson closed the Public Comment period. There was Council consensus to continue this item. They asked staff to investigate a Line of Credit and the possibility of legal action for the Applicant. 4. Request from Air Pollution Control District (APCD)—Contribution towards the Central Coast Ozone Study (CCOS) ■ Fiscal Impact: $2,500.00 ■ Staff recommendation: Council authorize a $2,500.00 contribution and appropriate the funds from the reserve fund. [City Manager's Office] CC 01/25/00 Page r� r Pa e7 �� nt; City Manager Wade McKinney gave the staff report. Mayor Pro Tem Arrambide gave an overview of the problems and the need for a study. He also answered Council questions. There was no public comment. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to authorize a $2,500.00 contribution and appropriate the funds from the reserve fund. Motion passed 5:0 by a roll-call vote. 5. Information Bulletin F E. COMMITTEE REPORTS: Water Committee Council Member Clay reported that Eric Greening informed him that the Board of Supervisors passed the funding for the Paso Robles Basin Study which allows for a one-year study. SCA-3 Steering Committee Council Member Scalise announced that Marcia Torgerson represented Atascadero at the last meeting. She stated that the questionnaire was discussed, and Godbe will go ahead with the survey. F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Pro Tem Arrambide stated the Council had a productive time at the leadership conference. Council Member Scalise commented that there was a lot of good information. Mayor Johnson reported that he received a letter from Dave Romero, League of Cities, who is attempting to fill in some of the policy committees in this region. Mr. Romero is looking for someone to serve on the Administrative Services Committee. City Clerk Marcia Torgerson announced that earlier this evening, the Council re-appointed David Bentz and appointed Bob Kelly to the Planning Commission. She also explained the new numbering system for resolutions, ordinances and contracts. CC 01/25/00 Page 8 C. �r) tiL :. t1f.:J Concerning the SOAR Initiative, she reported that the City Attorney did write the title and summary as requested, and it has been returned to the SOAR Committee Attorney. City Treasurer David Graham stated that he should have a report sometime in the near future. G. ADJOURNMENT: Mayor Johnson adjourned the meeting at 9:20 p.m. to the next regularly scheduled City Council Meeting on February 8, 2000 at 7:00 p.m. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk Melanie Whaley, Deputy City Clerk ATTACHMENT: A- Overhead used by Council Member Luna for discussion concerning internet access charges and internet sales tax. CC 01/25/00 r) r; , Page 9 Attachment: A Atascadero City Council Meeting Date: 1-25-00 :CALIFORNIA Internet Access Charges Internet access charges are not taxable. "California AB 1614 was signed by the Governor on August 24, 1998 and becomes effective 1/1/99. This legislation places a three year moratorium on the imposition or assessment of tax on I-aternet Access charges or on- line computer services. Also included in the moratorium are the imposition of bit or bandwidth taxes or discriminatory taxes on Internet access or on-line computer services. Source: CA AB 1614; Statute § 65001 through §65004 of CA Revenue Taxation Code Sales of Goods Purchased Over the Internet In California, sales of goods over the Internet are treated the same as sales of tangible personal property through more traditional channels and, therefore, subject to the rules of nexus and California's use tax laws. ifornla's sales/ Clarification on the Effect of CA AB 1614 on Sales of Goods Purchased Over the Internet: AB 1614 provides for an amendment to Revenue and Taxation Code section 6203. Section 6203 relates ONLY to whether a retailer is "engaged in business" in California,that is,whether the retailer has sufficient nexus under California law to require the collection of use tax.This section in no way provides an exemption from the otherwise applicable use tax,nor does the amendment added by AB 1614.What the amendment does do is to confirm that a retailer's advertising and taking of orders through an Internet web site is disregarded for purposes of determining California use tax collection nexus. Thus, if the retailer has no other presence in California except for the taking of orders over the Internet,the retailer will not be required to collect use tax from its California customers.In fact,this is not a change in the law going into effect on 1/1/99 because it simply confirms the position previously taken by the Board and incorporated into Regulation 1684. In any event,the purchasers of the property will still owe the use tax whether the retailer is required to collect it or not. In the latter case,the purchaser remains liable for the tax until it is paid to the Board. The bottom line is that the application of tax to sales of tangible personal property is identical whether the order is placed by mail, phone,or over the Internet. There are no exemptions for sales of tangible personal property by any of these means, including sales of tangible personal property that are the result of orders taken over the Internet, and AB 1614 in no way changes that. Information/Software Purchased via Downloading from the Internet Information/Software Purchased via Downloading from the Internet is exempt. Source: California Code Regs § 1502(f)(1)(D) Pending Legislation None at this time C C ITEM NUMBER: A-2 DATE: 02108/2000 . a cader o City Council Staff Report- Community Development Department Zone Change 99412 Comprehensive Subdivision Ordinance Update RECOMMENDATION: Staff recommends Council introduce, for second reading by title only the attached draft Ordinance adopting a comprehensive update of the City's Subdivision Ordinance. DISCUSSION: On January 25, 2000, the City Council conducted a Public Hearing to consider adoption of a comprehensive update of the Subdivision Ordinance. Following the close of the Public Hearing, the City Council introduced the Ordinance for its first reading. There were no changes made by the City Council to the Ordinance during its first reading and it is ready for final adoption as shed FISCAL IMPACT: None ATTACHMENTS: Draft Ordinance C "012 DRAFT ORDINANCE AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO ADOPTING A COMPREHENSIVE UPDATE OF THE CITY'S SUBDIVISION ORDINANCE' (ZC 99012,Subdivision Ordinance) WHEREAS,the City of Atascadero initiated a comprehensive update of the Subdivision Ordinance;and, WHEREAS,a timely and properly noticed Public Hearing upon the comprehensive update of the Subdivision Ordinance was held by the Planning Commission of the City of A ascadero on January 4, 2000 at which hearing evidence,oral and documentary,was admitted on behalf of said Subdivision Ordinance; and, r WHEREAS,on January 4,2004,the Planning Commission recommended approval of the Subdivision Ordinance; and, ''WHEREAS,the laws and regulations relating to the preparation and public notice of environmental documents,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 comprehensive update of the Subdivision Ordinance was held by the City Council of Atascadero on January 25, 2000 at which hearing evidence,oral and documentary,was admitted on behalf of said Subdivision Ordinance Update,and WHEREAS,the City Council has determined that it is in the best interest of the City to amendment the municipal code to protect the health,safety and welfare of its citizens by applying orderly development of the City. THE COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA DOES HEREBY FIND AND ORDAIN AS FOLLOWS:. Section 1" Chapters:1 through 17 of Title 11 of the Municipal Code inclusive, are hereby repealed in their entirety. Section 2. Title 11 of the Municipal Code is hereby amended as shown on Exhibit A attached,hereto and made a part thereof. Section 3. This Ordinance is enacted pursuant to and in compliance with Government Code 66411. Section 4. The Council does hereby make the following findings: C.C., 0 13 City of Atascadero Ordinance # Page 2 1. The proposed Ordinance as shown in Exhibit A is exempt from environmental review under a General Rule Exemption per Section 15061, (b)(3) of the CEQA Guidelines. 2. The proposed Ordinance is consistent with the General Plan of the City of Atascadero. 3. The proposed Ordinance is consistent with the State Subdivision Map Act. 4. The proposed Ordinance provides for proper grading and erosion control of property to prevent off-site property damage and sedimentation. 5. The standards in the proposed Ordinance are not more restrictive than those required by the State Subdivision Map Act. 6. The proposed Ordinance will not adversely effect the housing needs of the region, nor will it impose criteria for or improvements for a subdivision with the purpose of rendering infeasible the development of housing for any and all economic segments of the community. 7. The proposed Ordinance does not impose standards and criteria for public improvements which exceeds the standards and criteria being applied to by the City at this time to its publicly financed improvements. Section 5. The Mayor is authorized to execute this Ordinance on behalf of the City and the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. Section 6. This Ordinance shall be effective at 12:01 a.m. on the 31 S` day after its final passage. PASSED AND ADOPTED this day of , 2000. Ray Johnson Mayor ATTEST: Marcia M. Torgerson City Clerk C )0' .14 City of Atascadero Ordinance # Page 3 APPROVED AS TO FORM: Roy A. Hanley City Attorney APPROVED AS TO CONTENT: Paul M. Saldana Community Development Director City of Atascadero Ordinance# Page 4 EXHIBIT A Draft Ordinance Subdivision Ordinance TITLE 11 ATASCADERO MUNICIPAL CODE SUBDIVISIONS Chapters: 1 General Provisions 2 Definitions 3 General Requirements for Maps 4 Maps 5 Lot Line Adjustment 6 Subdivision Design 7 Dedications 8 Subdivision Improvement Requirements 9 Subdivision Exceptions 10 Reversion to Acreage 11 Lot Merger 12 Condominium Conversions 13 Enforcement C `�0y 6 ITEM NUMBER: A-3 DATE: 02f#87000 At4scadero 'i Council { � ` €rt - ciomntunitServices Department Minor Road Improvement Project Project No. 98-013 StafU' eoi ds that Council kept the Minor Road Improvement Project as complete and 44� rim the Administrative Services Director to release the project retention in the amount of 408946. t 6CUON: Dn January, -:.25j 1999, Council approved the execution of an agreement:with Madonna Construction Cotnp yto construct roadway improvements at a maximum cost of$56,076. Jlw City Engineer has reviewed 'the completed improvements and has found there to be in s4staii icAmformance with the project plans and specifications. FISCAL i ACT ESTIMATEIKONSTRUCTION EXPENDITURES $56,076.00 ACTUAL TOTAL CONSTRUCTION EXPENDITURES $45,9198.56' A Efi�` Notice of Completion x''017 RECORDIISG REQUESTED BY- { recorded,mail t€-) Avenue Acre,CA 93422 NOTIC -OM NOTRANSIPMOF PROPERTY , ierby`givn pursuar►t toCivilCode ectian 3t}93.' undersigned is cor r +�off r.frr t# City of c j owner of property hereinafter gibed:;. fuTh ll l name of theowne€,is the City,df.Atas+ crf. . fuk!addre cif the ovine€ is: 65Q13alrrtt Aieet ,A +fro,CA93422 *he nature of the interest of the owner is in fee. . cll work of icr provement.on the property hereinafter described was completed on June 8, 49". Ifie work;done was the Minor improvement Ptcj #(City Old No.`.9"13) T nary e:af the contra who.performed such writ of irr pro ern nt way s Crr tion pony G.tclnrey ,City lanar, City of Atascadero i the undersigned;say that[am the City Manager,declarant of the foregoing Notice of Completion; I ',said Notice of Completion and knew the contents thereof;the same is true of my own knowledge. ':t under,penA -of penury that the foregoing is true and correct. #:x uteri on at,the City of . o,•'California. Waw G.MAI(i r City Agger City af'Atascadero ;twind*ws\T6MP\14©ticv of Convietion-ftc G C, $ ITEM NUMBER: C-1 DATE: 02!4812000 acr er C T Council Staff Report_ Community Services Department Agreement with Atascadero Babe Ruth Organization for the Maintenance and use of Alvord Field RECOMMENDATION: Council authorize the Mayor to enter into a Memorandum of Understanding with Atascadero Babe Ruth for the Maintenance and Use of Alvord Field. DISCUSSION: Atascadero Babe Ruth Baseball is the rimaryuser of Alvord Baseball Field at Atascadero Lake Park. The Babe Ruth organization has been instrumental in.the maintenance and upkeep of this baseball field for many years, and has taken an active roll in recent years in several improvement projects. In addition to assisting with routine maintenance such as infield turf maintenance and irrigation, Babe Ruth has spearheaded severalimprovement projects such as the installation of new outfield fencing. The City of Atascadero and the Atascadero Babe Ruth Baseball organization have maintained Alvord Field through a partnership that has helped make this senior-sized baseball field, one of the finest in the area. This unwritten arrangement has been a benefit to both the City and Babe Ruth. "The City benefits from this arrangement by reducing our staffing cost to maintain this ball field. Staff estimates that the volunteer labor provided by the Babe Ruth organization saves the City approximately$5,000.00 in manpower per year. Below is a list of the approximate manpower and material savings per year: I. Restroom Janitorial- .5hrs x 7days x 35wks x $25/hr.= $3,062.50 2. Infield turf maintenance(estimated staff time)- 16hrs x$25.00 $ 400.00 3. Building Repairs(estimated staff time)- 10hrs x$25.00 $ 250.00 4. Infield dirt renovation(estimated staff time)-24hrs x$25.00= $ 600.00 5. Infield sprinkler maintenance-32hrs x$25.00 800.00 Estimated manpower savings $5,112.00 In addition to the estimated savings in manpower,the City also saves an indeterminate amount of money each year as a result of materials and services for Alvord field that are paid for by the Babe Ruth organization. CLn ITEM NUMBER: C-1 DATE: 02/08/2000 In exchange for providing assistance with the maintenance and upkeep of Alvord field, Babe P g Ruth is seeking some assurances regarding field use. Atascadero Babe Ruth seeks to be the priority user of Alvord Baseball field in order to insure adequate field time to conduct their games and practices. There has been a recent increase in the number of"club" baseball teams that compete for field time. These club teams generally limit their roasters to fifteen to twenty higher caliber baseball players. Babe Ruth on the other hand accepts playersof all abilities who meet the organization's age requirements. Multiple teams are then chosen to compete within a league arrangement. Staff recommends giving preference in field use to youth sports groups that serve a larger more diverse group of participants The necessity of a written agreement between. the City of Atascadero and the Atascadero Babe Ruth Baseball organization has resulted from an interest by both parties to have a clear understanding of the maintenance responsibilities ;and priority use issues of Alvord Baseball field. Use of Alvord field by Atascadero High School and North County Christian High School would not be affected by the terms of this agreement. Staff believes that the proposed agreement will clarify these responsibilities and will provide mutual benefit to the City and to Babe Ruda and requests that the City Council authorize the Mayor to enter into the proposed Memorandum of Understanding between the City of Atascadero and Atascadero Babe Ruth. FISCAL IMPACT: Approval of this agreement will save the City of Atascadero approximately $5,100.00 in staff time and an undetermined amount on materials. :ALTERNATIVES. No Alternative. ATTACHMENTS: Proposed Memorandum of Understanding between the City of Atascadero and Atascadero' Babe Ruth n V MEMORANDUM OF UNDERSTANDING BETWEEN THE ATASCADERO BABE RUTH BASEBALL AND THE CITY OF ATASCADERO This Agreement is made and entered into this date January 25, 2000, by and between the City of Atascadero, and the Atascadero Babe Ruth Baseball, for the maintenance, upkeep and use of Alvord Baseball field during the period from February 1,2000 until January 31,2002. 1. PARTIES 1.1 City 1.1.1 The City of Atascadero, Atascadero, California, whose mailing address for notice under the terms of this Agreement is as follows: City of Atascadero f Attn: Director of Community Services 6500 Palma Avenue Atascadero, California 93422 1.2 Atascadero Babe Ruth 1.2.1 Atascadero Babe Ruth Baseball is whose mailing address for notice under the terms of this Agreement is as follows: Atascadero Babe Ruth Baseball P.O. Box 595 Atascadero, California 93423 2. TERMS The term of this agreement shall begin on February 1, 2000. Subject to extension or sooner termination as hereinafter provided, this agreement shall continue for the term of three (3)years, with an option for 3 additional years upon mutual consent of both parties. 2.1 Responsibility of Atascadero Babe Ruth Baseball 1. Year-around priority use of Alvord Field with the exception of Atascadero Unified School District and North County Christian High School. 2. Infield turf maintenance: Year-around aeration, fertilization, over-seeding and irrigation (including sprinkler head maintenance and watering efficiency), and all associated costs. 3. Maintenance and repair of Alvord concession stand and storage buildings (structural, electrical,plumbing, etc.) 4. Secure and fund annually, a lift truck for light replacement. 5. Year-around Infield dirt maintenance, including base pegs. 6. Restroom janitorial from February 1St through September 30th. 1 AGREEMENT BETWEEN THE CITY OF ATASCADERO AND ATASCADERO BABE RUTH BASEBALL GC _102 7. Atascadero Babe Ruth Baseball shall have the opportunity to generate rental income from other party rentals from February 1St through September 30th. Rental income from Alvord Field may be generated by Babe Ruth under the following conditions: A. Only established fee schedules adopted by the City of Atascadero will be used. B. A light fee of$10.00 per hour will be passed along to the City of Atascadero. C. No fees will be charged to the Atascadero Unified School District or the City of Atascadero or any other organization that qualifies for a fee waiver under the City's Facility Use Guidelines. 2.2 Responsibility of the City of Atascadero 1. Year-around outfield mowing. Aeration, fertilizing and over-seeding when necessary. 2. Tree Trimming 3. Perimeter weeding 4. Purchase of light bulbs for field lights 5. Extend priority use of Alvord Field for Atascadero Babe Ruth Baseball, except from the Atascadero Unified School District,North County Christian High School and the City of Atascadero. 6. Empty Trash cans ` 7. Bleacher, fence and gate repairs 3. ALTERATIONS Minor alterations to this agreement may be made in mutual agreement by the Director of Community Services and the President of Atascadero Babe Ruth. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date set forth opposite their respective names. CITY OF ATASCADERO Attest: Date: MARCIA TORGERSON, City Clerk Date: RAY JOHNSON, Mayor ATASCADERO BABE RUTH BASEBALL Date: JIM DOUGLAS,President,Atascadero Babe Ruth Baseball 2 AGREEMENT BETWEEN THE CITY OF ATASCADERO AND ATASCADERO BABE RUTH BASEBALL CC' 0 0 2 ITEM NUMBER: C-2 DATE: 02/08/2000 Ata scev ty Council City Manager's Office Information Bulletin A. Atascadero State Hospital—Advisory Board The State Hospital has an Advisory Board made up of community members, consumer advocates, industry professionals and others. The Board meets quarterly to advise the Hospital. Attached is an application form. Interested persons can fill out the form and submit it to the State Hospital. The Hospital staff will review the applications and send them on to the Governor's Office. The Governor makes the actual appointment. Currently there are two community members,Ethon Hanson and Carly Baker. C. 4C'''0