HomeMy WebLinkAboutAgenda Packet 06/27/2000 i. .. li AGENDA
' i ATASCADERO CITY COUNCIL MEETING
TUESDAY, JUNE.279 2000
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4t" Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED;SESSION: (Immediately following Redevelopment Agency Meeting)
1. Conference with legal counsel [Govt. Code§54956.9]
Existing litigation:
a. City of Atascadero v Billings
b. City of Atascadero v Atascadero Unified School District
2. Conference with labor negotiator(Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager
Employee 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: Council Member Luna
ROLL CALL: Mayor Johnson
Mayor Pro Tem Arrambide
Council Member Clay
Council Member Luna
Council Member Scalise
APPROVAL OF AGENDA: Roll Call
COMMUNITY FORUM:
(This portion;of the meeting is reserved for persons wanting to address the Council on any
matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to
five minutes.. Please 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:
(On their own initiative, Council Members may make a brief announcement or a brief report on
their own activities. Council Members may ask a question for clarification, make a referral to
staff or take action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
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 CouncilMinutes—June 13, 2000
City Clerk recommendation: Council approve the City Council minutes of June 13,
2000 [City Clerk]
2.` Acceptance of Final Man -#99016/AT 99-295 - 6905 Lomitas Road (Charnley
Roberts Engineering
■ Fiscal Impact: None
Staff recommendation.
1. Council accept Final Map #99016(AT 99-295); and
2. Council accept a 6-foot wide Public Utility Easement contiguous to the Lomitas
Road property line. [Community Development]
3. Parking& Business Improvement Area Assessment
• Fiscal Impact: The City receives annually approximately$10,000 in revenue from
the Parking and Business Improvement Area assessment.
• Staff recommendation: Council adopt draft Resolution of Intention, declaring intent
to levy annual Downtown Parking& Business Improvement Area assessment and set
public hearing on July 25, 2000. [Community Development]
2
B. PUBLIC HEARINGS:
1. Zone Chance 2000-0002& Appearance Review 2000-0004—(9605 Lake View Drive/
City of Atascadero/Kelly Gearhart)
■ Fiscal Impact: None
■ Planning Commission recommendations:
1. Council adopt the draft Resolution, certifying the proposed Negative Declaration,
and,
2. Council introduce the draft Ordinance,for first reading by title only, to approve
Zone Change 2000-0002.
■ Staff recommendation: Council adopt draft Resolution finding that the architectural
features of the proposed residence are superior in design and materials than the
originally proposed "model" and the approval is consistent with the intent of
Planning Commission Resolution #2000-030. [Community Development]
2. Sewer-Service Charges—Placing Charges on the 2000-01 Property Tax Rolls
■ Fiscal Impact: Total of$1,386,756 54 will be billed
■ Staff recommendation: Council approve the draft Resolution adopting services
charges to be added to the 2000-01 property tax rolls. [Public Works]
3. Annual Operating Bud-get 2000-01
■ Fiscal Impact: Revenues of$18,068,375 and expenditures of$18,542,073
Staff recommendations:
1. Council approve draft Resolution amending the 1999-00 Fiscal Year Budget
Resolution No. 1999-031; and
2. Council approve draft Resolution adopting a budget for the 2000-2001 fiscal year
and delegating to the City Manager authority to implement same. [City
Manager]
C. MANAGEMENT REPORTS:
1. Annual General Plan Implementation Status Report
■ Fiscal Impact: None
■ Staff recommendation: Council receive and file Planning Commission Resolution
#PC 2000-031, with the finding that all of the elements of the current General Plan
are in the process of being updated. [Community Development]
2. Information Bulletin
A Employee Update
B. Economic Vitality Corporation Report-Annual Report Summary
E. 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'
3.` Water Committees:
a. SLO County Flood Control & Water Conservation District Water Resources
Advisory Committee
b: Naeimiento Water Purveyors' contract Technical Advisory Committee
C. North County Water forum
4.` Integrated Waste Management Authority
5. North County Council
b. 'Air Pollution Control District
7. County Mayor's Round Table
8. Economic Vitality Corporation, Board of Directors
9. City/ Schools Committee
10. Economic Opportunity Commission
11. North County Homeless Coalition
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4.- City Treasurer
F. ADJOURNMENT:
THE NEXT CITY COUNCIL REGULAR SESSION IS SCHEDULED ON JULY 25,2000
AT 7:00 P.M.
Please note: Should anyone challenge any proposeddevelopment 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 documentationrelatingto each item of business referred to on the
Agenda are on file in the office of the City Clerk(Room 208),and in the Information Office(Room 103),
available for public inspection during City Hall business hours. An agenda packet is also available for
public review at the Atascadero Library, 6850 Morro Road.
Incompliance with the Americans with Disabilities Act, if you need special assistance to participate in
a City meeting or other 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 report,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 must approach the podium and be recognized by the Mayor
• Give your name and address(not required)
+ Make your statement
• All comments should be made to the Mayor and Council
• All comments limited to 5 minutes(unless changed by the Council)
• No one 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.
TO 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 HAVEITEMS 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-1
DATE: 06/27/2000
min mis MINUTES
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ATASCADERO-CITY COUNCIL MEETING
TUESDAY, JUNE 139 2000
7:00 P.M.
REDEVELOPMENT AGENCY 6:30 P.M.
CLOSED SESSION: (Immediately following Redevelopment Agency Meeting)
1. Conference with legal counsel [Govt.Code §54956.9]
Existing litigation:
a. City of Atascadero v Billin s
b. City of Atascadero v Atascadero Unified School District
2. Conference with labor negotiator(Govt. Code Sec. 54957,6)
Agency Negotiator: City Manager
Employee organizations: Department Heads, Mid-Management/Professional,
Confidential, Atascadero Fire Captains, Atascadero Firefighters,Service
Employees Intl. Union Local 620,AtascaderoPolice Assoc.
City Attorney Roy Hanley announced there was no reportable action in the Closed Session and
the Council would be returning to the Closed Session after the Regular Session.
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the meeting to order at 7:05 p.m. and Council Member Clay led the Pledge
of Allegiance.
ROLL CALL
Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham.
Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry,
Community Economic and Development Director Paul Saldana,Public
Works Director Steve Kahn, ,Police Chief Dennis Hegwood,Fire Chief
Mike McCain, and City Attorney Roy Hanley
001
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member Scalise
to approve the agenda. .
Motion passed 5.0 by a roll-call vote.
PRESENTATIONS:
I. Atascadero High School Championship Golf Team-Mayor Johnson will present a
Proclamation to the team.
Mayor Johnson presented the proclamation to the golf team. Sam DeRose, Atascadero High
School Golf Head Coach,thanked the Council for this honor.
2. EMS Distinguished Service Certificate Recipient-Mayor Johnson and Fire Chief
McCain will recognize Fire Captain/Paramedic Keith Aggson.
Fire Chief McCain introduced Keith Aggson to the Council.
3. Fire Prevention Inspection Program=Fire Chief McCain will recognize Fire
Captain/Paramedic Peter Gaw for his outstanding performance in the development of this
program:
Fire Chief Mike McCain thanked Captain Peter Gaw for his faithful contributions to Atascadero
Fire Department and the community.
4. -Stork Pins'-Fire Chief McCain will present stork pins to Public Safety employees who
assisted in the birth of Shaylyn Rose Coy on April 30, 2000.
Fire Chief McCain presented stork pins to Fire personnel and dispatch.
COMMUNITY FORUM:
Ann Ketcherside, stated that members of the public have asked her to look into the policy of the
City to control how many farm animals someone can own. She expressed her opposition to the
City's authority to determine what the citizens' land rights are in Atascadero.
Raymond Jansen, 6655 Country Club Drive,summarized a letter to the editor he sent to the
Atascadero News in April. He stated his concerns about a broader consciousness of citizenship
responsibilities.
Eric Greening, 6600 Lewis Ave.,brought the Council up-to-date on the Salinas Dam, Lake
Nacimiento and State Water issues as a result of his attendance at recent County Water meetings.
He also asked if the $50,000 allocated by the Council has been spent. He urged that the Council
give a portion of the funds Lo
torraine Scarpace for her contributions.
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Mayor Johnson closed the Public Comment period.
COUNCIL ANNOUNCEMENT AND REPORTS:
Council Member Clay announced that the $500,000 City request to the State has made it through
the Budget Committee and is now headed to the Governor's office. He asked that the City send
a thank you letter to Senator O'Connell and Assemblyman Maldonado for their efforts. Also, he
stated that the Chamber mixer last week was excellent.
Council Member Luna concurred with Council Member Clay and suggested that we write letters
of support to the Governor.
Council Member Scalise announced that Parks and Recreation Chairperson Barbie Butz was
recently recognized by the EOC for her efforts for the community. She thanked Barbie publicly
for all her efforts.
Barbie Butz, 3370 San Fernando Road, thanked Council Member Scalise for her comments. She
also said that she was pleased to see that 1/3 of those recognized were youth.
Mayor Pro Tem Arrambide asked if the rumor that the money requested by the City is being
designated for a specific project. City Manager Wade McKinney stated that currently, it is not.
1. Election Signs—Review and Approve Ad Hoc Committee's Recommendations
■ Fiscal Impact: None
■ Ad Hoc Committee recommendation: Council review and approve the proposed
memo, press release, notice and code of campaign conduct
Mayor Johnson explained the attached documents to the Council.
PUBLIC COMMENT
Dorothy McNeil, 8765 Sierra Vista Road, stated these policies are not enforceable. She asked
the Council to strengthen the Municipal Code instead of requesting voluntary compliance.
Geraldine Brasher, 3202 Monterey Road, stated that the policy should be broader and should be
addressed to the candidate.
Eric Greening, 6600 Lewis Ave., urged the Council to strengthen the Code.
Ray Jansen, 6655 Country Club Drive, suggested that depth of content should be more important
than name recognition. He stated we need to encourage the public to get to know the candidates
better before voting.
Mayor Johnson closed the Public Comment period
Mayor Pro Tem Arrambide stated that within the Code it states that the candidates must adhere
to related ordinances.
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Council Member Luna stated he is pleased with the efforts of the Committee. He said he would
like to see a notice to all candidates, including County, State and Federal, stating Atascadero's
rules concerning election signs. He asked the City Attorney for clarification on staff's authority
with regard to signs that are placed on public property.
City Attorney Roy Hanley stated that wording can be formed to specify staff authority for sign
removal.
Mayor Johnson stated we need clarification on the issue of citizens enforcing our sign ordinance.
City Attorney Roy Hanley stated he would not encourage citizens to individually enforce the
Code, but whether they could or could not, the fundamental policy question should be addressed
by the Council.
Mayor Johnson said that he is asking if it is legal for citizens of the City to independently enforce
our Code.
Mr. Hanley said that he would not want to encourage citizens to independently enforce our Code,
but stated that is his personal preference. He also mentioned that the fundamental policy
question should be addressed by the Council.
Council Member Scalise pointed out that it clearly says, "If you place an illegal sign in this City,
the Community Development Department will contact you with a 72-hour notice."
Council Member Luna said that the 72-hour notice was too long. If a sign is placed illegally
over the weekend, and the election is on Tuesday, the election will be over before the City
notifies them of the violation.
Mayor Pro Tem Arrambide asked the Council to look at the first sentence in#2 of the Code of
Conduct. He explained that it seems clear by that portion of the document that if a sign is found
to be in violation of our Code, it should come down immediately. Council Member Luna agreed.
Mr. Hanley responded that the 72-hour notice is for criminal violations only. If directed, staff
could remove signs on City property immediately.
There was Council consensus that any campaign signs placed on City property should be
removed by staff immediately.
Council Member Clay suggested some changes to the documents proposed. He stressed that he
does not think that signs should be removed, relocated or defaced by anyone other than the
property owner.
Lon Allan, committee member, stated that it was his belief that the issue of this Code of Conduct
applied to all candidates, whether running for the Council or not. He suggested that it be made
more explicit to the public in the press release.
Mayor Johnson concurred with Mr. Allan.
0
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MOTION: By Council Member Scalise and seconded by Council Member Luna
to approve the proposed memo, press release, notice and code of
campaign conduct,with the following amendment:
An addition to the press release specifying that election sign codes
apply to all candidates whether on the local, state, or federal level.
Motion passed 5:0 by a roll-call vote.
A. CONSENT CALENDAR
1. City Council Minutes—May 23, 2000
■ City Clerk recommendation: Council approve the City Council minutes of May 23,
2000 [City Clerk]
2. General Municipal Election—November 7, 2000
■ Fiscal Impact: $9,200 (estimated)
■ City Clerk recommendations:
1. Council adopt draft Resolution, calling and giving notice of the holding of
a General Municipal Election to be held on Tuesday, November 7, 2000;
and
2. Council adopt draft Resolution, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal Election to
be held on November 7, 2000. [City Clerk]
3. El Camino Real Rehabilitation Project—from Santa Rosa to Palomar Ave.
■ Fiscal Impact: S408,300 (Fund 500 =STIP)
■ Staff recommendation: Council authorize the Mayor to execute an agreement and
Change Order No. I with R. Burke Corp. to construct an asphalt concrete overlay
and appurtenances on El Camino Real,from Santa Rosa Road to Palomar Avenue
[Public Works]
4. Establish 35 MPH Speed Limit—on Atascadero Avenue from Curbaril to Portola
■ Fiscallmpact: $100
■ Staff recommendation: Council adopt draft Resolution, establishing a 35 mile speed
limit on a portion ofAtascadero Avenue [Public Works]
5. Del Rio Road/Graves Creek Bridge—Earthquake Retrofit Improvements—Bid No. 99-05
■
Fiscal Impact: $10,200
■ Staff recommendation: Council authorize the Mayor to execute an agreement with
Whitaker Contractors, Inc. to construct earthquake retrofit improvements on the Del
Rio Road/Graves Creek Bridge [Public Works]
Council Member Luna pulled Item 9A-2. Council Member Clay pulled Item 9A-4.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Luna to approve the Items 9A-1,3, and 5.
Motion passed 5:0 by a roll-call vote.
(4A-3—Contract No. 2000-013,#A-5—Contract No. 2000-014)
RE: Item 9A-2: Ann Ketcherside asked for clarification on the election procedures followed if a
Council Member steps down in the middle of his/her term. She also stated that one of the current
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Council Members has broken a law and there will be four openings in November rather than
three.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to approve Item #A-2.
Motion passed 5:0 by a roll-call vote.
(Resolution No. 2000-018& Resolution No. 2000-019)
RE: Item#A-4: Council Member Clay asked about the speed survey. Public Works Director
Steve Kahn stated that the speed limit was addressed because of some safety concerns. Council
Member Clay requested that the speed limit be lowered to 30 mph. Police Chief Hegwood stated
that it would be more difficult to justify.
MOTION: By Council Member Clay and seconded by Council Member
Luna to approve Item #A-4.
Motion passed 5:0 by a roll-call vote.
(Resolution No. 2000-020)
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1. Human Services Grants - Approve allocation of Human Services Grants
■ Fiscal Impact: $10,000
■ Staff recommendation: Council approve Human Services Grants to the agencies and
in the amounts recommended by the Finance Committee [City Manager's office]
City Manager Wade McKinney provided the staff report.
PUBLIC COMMENT
Becky Miles, 8935 Amapoa Ave., Atascadero Cooperative Pre School, asked the Council to
approve their request for this Grant.
Catherine Manning, 750 Orcutt Road, San Luis Obispo, asked the Council to approve the request
made by EOC Homeless Services for this Grant.
Peter Boonisar, 5212 Magdelana Ave., Assure A Care, asked the Council to approve their
request for this Grant as they provide a community service for youth.
Jan Sarhat, 1030 Southwood, San Luis Obispo, EOC Health Screening, thanked the Council for
their past support. She asked for the Council's support.
Maura Hugh, EOC Health Services, explained their program and asked the Council to approve
their request for this Grant.
0
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Lana Adams, 1030 Southwood, San Luis Obispo, EOC Health Services, thanked the Council for
their support in the past. She asked the Council to reconsider the recommendation of staff and
approve their request for this Grant.
Barbie Butz, 3370 San Fernando, President of the Assistant League of SLO County, thanked the
Council for their past support and encouraged them to approve their request.
Mayor Johnson closed the Public Comment period
Mayor Johnson stated that is very difficult to make these decisions.
Council Member Scalise agreed with Mayor Johnson.
MOTION: By Council Member Clay and seconded by Council Member Luna to
approve Human Services Grants to the agencies and in the amounts
recommended by the Finance Committee.
Motion passed 5:0 by a roll-call vote.
2. Designate Visitors & Conference Bureau Board Member
■
Fiscal Impact: None
■ Staff recommendation: Council appoint the City Manager or his designee to the San
Luis Obispo County Visitors & Conference Bureau Board [City Manager's office]
City Manager Wade McKinney gave the staff report.
There was no Public Comment.
MOTION: By Council Member Luna and seconded by Council Member Clay to
appoint the City Manager or his designee to the San Luis Obispo
County Visitors & Conference Bureau Board.
Motion passed 5:0 by a roll-call vote.
3. Comprehensive Financial Strategy
Fiscal Impact: None
Staff recommendation: Council review the Comprehensive Financial Strategy and set
Jame 27, 2000 as a public hearing for the Annual Operating and Capital Budgets
[Administrative Services]
City Manager Wade McKinney gave the staff report and answered questions of Council.
There was Council consensus thatAtascadero get more involved
with State legislation in the future.
PUBLIC COMMENT
Eric Greening, 6600 Lewis Ave., stated the City Manager's presentation was powerful. He also
agreed with the concern of local government's inability to work favorably with the State
concerning financial issues.
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Mayor Johnson closed the Public Comment period
Mayor Johnson announced that June 27, 2000, would be set as a public hearing for the Annual
Operating and Capital Budgets.
4. Information Bulletin
A. General Plan Neighborhood Workshop Update
Community Economic and Development Director Paul Saldana provided the update.
B. Employee Update
C. Attachments
1. Atascadero Chamber of Commerce-Activities and Programs
D. ATTORNEY REPORTS:
1. United Methodist Church Deferred Improvement Agreement
■ Fiscal Impact: None
■ City Attorney recommendation: Council authorize only two changes to the previously
approved agreement to defer construction of the improvements required of the United
Methodist Church [City Attorney]
City Attorney Roy Hanley gave the staff report and answered questions of Council.
PUBLIC COMMENT
Linda Plate, 6375 Lomitas Road, Board Member of the Methodist Church. She explained the
church's concerns with the agreement and asked the Council to approve their attorney's requests
for changes. She stated that they would like to see sufficient notice for changes.
Mayor Johnson closed the Public Comment period
MOTION: By Council Member Clay and seconded by Council Member
Luna to authorize the two changes recommended by the City
Attorney to the previously approved agreement to defer
construction of the improvements required of the United
Methodist Church.
Motion passed 5:0 by a roll-call vote. (Contract No. 2000-015)
E. COMMITTEE REPORTS:
S.L.O. Council of Governments/S.L.O. Regional Transit Authority
Mayor Johnson announced that they received more reports on the newly proposed rail which will
increase train traffic. He stated that they also discussed keeping pressure on the State concerning
the local roads issue.
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Finance Committee
Council Member Luna reported that the committee met last week and discussed the Human
Resource Grants.
• Water Committees
Council Member Clay announced that Ken Weathers reviewed the MTBEs that-occurred at our
local pond due to jet skis.
Economic Vitality Corporation, Board of Directors
Mayor Johnson announced that the annual meeting will be held on June 30, 2000.
Economic Opportunity Commission
Council Member Scalise stated that they had a recognition dinner for volunteers and will have a
regular board meeting at the end of the month.
North County Homeless Coalition
Council Member Luna stated that Police Chief Hegwood attended in his place and they are
continuing to discuss numerous issues.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Johnson suggested to the other Council Members to review the new mapping program in
the Community Development Department. He congratulated Eric Hansen on a job well done.
Also, he stated the Health Department is becoming more strict concerning fundraising barbecues.
He asked staff to look into the matter.
City Clerk
City Clerk Marcia McClure Torgerson reported the Election Code requires that she post a notice
in the newspaper the first week in July that an election will be held in November. She stated that
there are three Council seats available: Council Members Scalise, Clay and Luna's. The filing
period will open July 17th and close August 11th. She announced that she will be hosting a FPPC
workshop for candidates on August 24, 2000.
F. ADJOURNMENT:
Mayor Johnson adjourned the Regular Session at 10:08 p.m. to the Joint City Council's Meeting
scheduled for June 15, 2000. The Council returned to Closed Session.
MEETING RECORDED BY AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
Melanie Whaley, Deputy City Clerk
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ITEM NUMBER: A-2
■ �, ■ i DATE: 06/27/2000
iaia ` as s
Atascadero City Council
Staff Report Community Development Department
Acceptance of Final Parcel Map # 99016/ AT 99-295
6905 Lomitas Road
(Charnley/Roberts Engineering)
RECOMMENDATIONS:
Staff recommends Council:
1. Accept Final Map#99016(AT 99-295) and
2. Accept a 6-foot wide Public Utility Easement contiguous to the Lomitas Road
property line.
DISCUSSION:
Tentative Parcel Map #99016 was approved by the Planning Commission on February
15, 2000. The approval allowed for the division of a 6.29 acre lot into two parcels, 3.16
and 3.13 acres each. Both parcels are vacant and intended to be developed with single-
family residences in the future.
Pursuant to California Government Code Section 66440 each approving legislative body
can not deny a final map that is consistent with an approved tentative 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. A
Public Utility Easement is being offered on Final Map #99016 to fulfill a Condition of
Approval issued by the City. All other Tentative Map conditions of approval imposed
by the Planning Commission have now been satisfied and the only remaining requirement
is that the City Council accept the offer of dedication for the Public Utility Easement.
FISCAL IMPACT: None
ATTACHMENTS Exhibit A Approved Tentative Parcel Map#99016
010
EXHIBIT A
Approved Tentative Parcel Map#99016
8908 Lomitas Road
Charnley/Roberts Engineering
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ITEM NUMBER: A 3
DATE: 06/27/2000
INS
Atascadero City Council
Staff Report Community & Economic Development
Parking &z Business Improvement Area Assessment
RECOMMENDATION:
Staff recommends Council adopt draft Resolution of Intention, declaring intent to levy annual
Downtown Parking &Business Improvement Area assessment and set public hearing on July 25,
2000.
DISCUSSION:
Background: The City of Atascadero established a Downtown Parking and Business
Improvement Area in 1986 (Chapter l l of the Atascadero Municipal Code) for the purpose of
acquisition, construction or maintenance of parking facilities, decoration of public places,
promotion of public events, and general promotion of business activities in the downtown area.
The formation and operation of a Business Improvement Area is governed by the California
Streets & Highways_Code, (Section 36500 et. Seq.) Historically, the budget for the Business
Improvement Area is submitted in conjunction with the City's,annual budget. However, due to
the future establishment of the "Main Street program and creation of a revitalization plan, staff
is recommending the Council consider all actions related to downtown during their review of the
Revitalization Plan, which is currently scheduled for the July 25 meeting:
Analysis: The Streets & Highways Code requires that the "advisory board" provide a_report to
the City Council annually for the expenditure of funds derived from the assessment paid by
businesses in the downtown area. The Business Improvement Association Board of Directors
currently serves as the advisory board for the assessment area and has prepared a report
(attached)' in conformance with state law. The report identifies the proposed improvements and
activities for the area, including Main Street Program promotion, parking facility improvements
and miscellaneous'public improvements. The report does not propose any changes to the area or
amount of assessment.
Under state law, the City Council'is required to adopt a Resolution of Intent and set a public
hearing to receive public comment prior to the assessment being collected. Staff is proposing
that the hearing be conducted in conjunction with the public hearing for the downtown
revitalization plan to ensure continued coordination with the plan and business improvement area
assessment.
012
ITEM NUMBER: A-3
DATE: 06/27/2000
FISCAL IMPACT:
The City receives annually approximately $10,000in revenue from the Parking and Business
Improvement Area assessment.'
ALTERNATIVES:
The City Council may set an alternative date for the public hearing.
ATTACHMENTS:
A. Report from Business Improvement Area
B. Draft Resolution of Intent
013
June 16, 2000
To: Atascadero City Council
From: Business Improvement Association
Subject: Report to City Council Pursuant to Streets & Highway's Code
Section 36533
Introduction
The California Streets & Highways Code requires that the BIA prepare a report for each fiscal
year for which assessments are to be levied and collected for downtown improvement districts.
Specifically,the report may propose changes to the boundaries of the business improvement area,
the basis and method for levying the assessments and any change in classification used. The BIA
Board of Directors met on June 16, 2000 and considered the required categories and recommends
adoption of the following:
Boundaries: No change in boundaries.
Improvements and Activities to be provided during fiscal year 2000-01-
1. Funding of Main Street Program promotional activities $10,000
2. Miscellaneous public improvements $5,000
Estimate of the cost of providing improvements:
1. Funding of Main Street promotional activities $10,000
2. Miscellaneous public improvements $5,000
Method and basis of levying the assessment:
The assessment shall remain as currently levied at an amount equal to 100% of the business
license fee paid by a business to the city. Such license fee is set forth in City regulations.
Amount of surplus or deficit revenues to be carried from previous year:
A estimated total of $5,754 is recommended to carried forward from previous fiscal years to
fiscal year 2000-01.
014
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO DECLARING THE CITY'S INTENT TO LEVY AN
ANNUAL ASSESSMENT PURSUANT TO STREETS & HIGWAYS CODE
SECTION 36500
WHEREAS, the City of Atascadero has formed a Parking and Business Improvement
Area, pursuant to Section 36500 of the Streets & Highways Code of.the State of California, and
WHEREAS, The City Council has received a report from the advisory board, pursuant to
Section 36533 of said code, and
WHEREAS, the City Council has approved such report and is required to adopt a
resolution of intention pursuant to Section 36534, and
WHEREAS, the report proposes no changes to the boundaries or assessment amounts
that are currently applied in said area, and
WHERAS, the report identifies the proposed improvements and activities for the area,
including Main Street Program promotion, parking facility improvements and miscellaneous
public improvements. Such report is on file and available for inspection at the office of the City
Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council hereby declares it's intent to levy an annual
assessment within the parking and business improvement area for fiscal year 2000-01.
SECTION 2. That the City Council set July 27, 2000 at 7:00 p.m. in the City Council
Chambers for a public hearing to consider public testimony prior to levying such assessment.
SECTION 3. The City Clerk is hereby directed to give notice of the public hearing by
causing this resolution to be published one in a newspaper of general circulation in the city not
less than seven days before said hearing.
On motion by Council Member , and seconded by Council Member
the foregoing resolution is hereby adopted following roll call vote:
AYES:
NOES:
G1 5
ITEM NUMBER: B-1
�i e r a UN DATE: 06/27/2000
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Atascadero City Council
Staff Report - Community and Economic Development
_Lake View Drive Parcel
Zone Change 2000-0002, Appearance Review 2000-0004
(9605 Lake View Drive/ City of Atascadero / Kelly Gearhart)
RECOMMENDATIONS:
Planning Commission recommends Council;
1. Adopt the draft Resolution, certifying the proposed Negative Declaration; and,
2. Introduce the draft Ordinance, for first reading by title only, to approve Zone
Change#2000-0002.
Copies of the Planning Commission Resolutions recommending the project are available
for review in the City Clerk's Office.
Staff recommends Council:
3. Adopt the draft Resolution finding that the architectural features of the proposed
residence are superior in design and materials_ than the originally proposed
"model" and the approval is consistent with the intent of Planning Commission
Resolution#2000-030.
REPORT-IN-BRIEF:
The proposed project consists of an application from the City of Atascadero to consider a
project consisting of a zone change from L (Recreation) with a Flood Hazard (FH)
Overlay to LS (Special Recreation) with a Flood Hazard (FH) Overlay to allow the
construction of a single family residence on a vacant lot. The project is proposed on the
northeast corner of Santa Rosa Road and Lake View Drive.
017
ITEM NUMBER: B-'1
DATE: 06/27/2000
DISCUSSION:
Background: The subject property was originally owned by the City of Atascadero. At a
public hearing held on May 25, 1999 the City Council approved a motion for the City to
sell the lot to Kelly Gearhart with the understanding that the lot could be developed for
single family residential uses. This lot was part of an exchange between the City of
Atascadero and Mr. Gearhart.
Initially city staff had indicated that the parcel was zoned Public. Single family
residences are a conditionally allowed use in the Public zoning district which means that
a Conditional Use Permit would have to be approved prior to the establishment of the
use. After the sale of the property and during the building permit process, city staff found
that the parcel was not in the Public zoning district, but,instead was zoned Recreation.
Single family residential uses are not an allowed or conditionally allowed use in the
Recreation zoning district and the building permit could not be issued. City staff
acknowledges that the zoning was not accurately described during the negotiation of the
transactionand the public hearing. The city has therefore submitted an application for an
amendment to the City's Zoning Map to change the zoning of the parcel from Recreation
(L)(FH)to Special Recreation (LS)(FH). Single family residences are an allowed use in
the Special Recreation zoning district.
Analysis:
Project Site: The site is 30,000± square feet and is currently vacant. It is located on the
northeast corner of Santa Rosa Road and Lake View Drive, across the street from the
Atascadero Lake Park and is surrounded by, similar residential development.` The
underlying Flood Hazard (FH) zoning overlay requires that the ground floor of all
structures is to be constructed at a minimum of one-foot above the 106-year storm level.
General Plan Consistency: The parcel has a General Plan designation of Recreation,
which is consistent with the proposed Special Recreation zoning district. The General
Plan states that the Special Recreation zoning designation shall be phased out from the
zoning ordinance and this will be accomplished during the general plan update. The
Special Recreation zoning will be used on the parcel in the interim period to enable the
property owner to construct a single-family residence. During the general plan update
staff will likely recommend that the land use designation of the parcel be changed a
single-family residential designation.
Pedestrian Walkway: There is currently a walking trail' that traverses the project site.
The trail has been used as a pedestrian connection from Santa Rosa Road to the Lake
Park because the lot was unimproved and owned by the city. Planning Commission is
recommending a condition of approval requiring the property owner to construct a 5-foot
wide decomposed granite pedestrian pathway in City right-of-way along the frontage of
the parcel The development of the parcel will replace the existing trail with the
construction of a new pedestrian pathway along the property frontage. The construction
018
ITEM NUMBER: B-1
DATE: 06/27/2000
of the pathway will ensure that the public will continue to have a pedestrian trail at the
intersection of Santa Rosa Road and Lake View Drive. (Attachment C)
Proposed Environmental Determination: Staff has prepared an initial study for the
project in conformance with the California Environmental Quality Act. Based on the
findings of the initial study, staff determined that the project does not have the potential
to create any significant environmental impacts. A proposed negative declaration has
been prepared and posted for the project. The Council will take the final action on the
environmental determination. Staff is recommending the Commission make a
recommendation to the City Council to adopt the Negative Declaration.
Planning Commission Recommendation: On May 16, 2000 a public hearing was held
and the Planning Commission adopted Resolution PC 2000-028 recommending the City
Council certify the proposed Negative Declaration prepared for the Zone Change 2000-
0002 and Resolution PC 2000-029 recommending that the City Council approve Zone
Change 2000-0002. The Planning Commission also adopted Resolution PC 2000-030,
which found the architectural features of the future residence on the site compatible with
the surrounding neighborhood. The Commission's minutes are attached for reference.
No public testimony in opposition to the zone change application was introduced at the
Planning Commission hearing, but there was testimony regarding the Appearance
Review application. Single-family residences are not subject to Appearance Review, but
because the Zone Change is a discretionary action and staff required design review as a
condition of the property exchange, an application for Appearance Review was therefore
required for the project.
There were two issues that were discussed during the public testimony. The first issue
was that the proposed "model" home was an inappropriate floor plan for a corner lot.
The other issue was a concern that two houses with similar architectural features and
design layouts would be constructed on lots next to each other. The applicant has since
submitted a new house plan for the subject lot that is superior in design and materials to
the "model" plan originally submitted. Staff is recommending that the Council adopt a
resolution finding that the proposed residence is consistent with the intent of Planning
Commission Resolution 42000-030. Staff believes that the Council can make the finding
because the architectural features of the proposed residence are superior in design and
materials than the original "model" and the proposed residence is compatible with the
residential character of the surrounding neighborhood.
Conclusion: The project will result in the construction of a single-family residence on a
vacant lot and the proposed architectural features of the residence will be compatible with
the surrounding residential development. The proposed zoning district is consistent with
the Recreation general plan designation and the construction of a pedestrian path along
the frontage of the lot will provide a public benefit.
40 FISCAL IMPACT: None
Q19
ITEM NUMBER: B-1
DATE: 06/27/2000
ALTERNATIVES:
1. The City Council may approve the Zone Change and Appearance Review
applications with modified conditions of approval.
2. The City Council may deny the Zone Change or Appearance Review application.
3. The City Council may continue the action and refer the project back to staff for
additional information or analysis. Direction should be given to staff and the
applicant.
ATTACHMENTS:
Attachment A: Location Map
Attachment B: Zoning and General Plan Designation
Attachment C: Site Plan
Attachment D: 5/16/00 Planning Commission Meeting Minutes
Attachment E: Draft Resolution certifying the proposed Negative Declaration
Attachment F: Draft Ordinance to approve Zone Change 2000-0002.
Attachment G: Draft Resolution amending Planning Commission Resolution
2000-030 approval of Appearance Review application#2000-
0004.
�20
ATTACHMENT A
Location Map
ZCH 2000-0002
9605 Lake View Drive
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ATTACHMENT B
General Pian &Zoning Designations
ZCH 2000-0002
9605 Lake View Drive
General Plan Map: Recreation
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Proposed Zoning—Special Recreation with a Flood Hazard Overlay(LS)(FH)
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Site Plan
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9605 Lake View Drive
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ATTACHMENT D
5/16/00 Planning Commission Minutes
ZCH 2000-0002
9605 Lake View Driv
PUBLIC HEARINGS
MOTION: By Vice Chairman Eddings and seconded by Commissioner Fonzi to
L ZONE CHANGE 1000-0002•APPEARANCE REVIFWV 2000-0004 adopt Resolution:No.PC 2000-028,recommending that the Citv
` The proposed project consists of a rezone of a 30,OOOt square foot vacant lo[ Council certify the proposed Negative Declaration.
from Recreation(L) to Special Recreation(LS) to permit the construction of a AYES: Commissioner Eddings,Fonzi,Kelley,Jeanes,and Chairman Carden.
2500± square foot single-family residence. The single-family residence will be
subject to architectural review. The project is located on the comer of Santa Rosa NOES: None
Road and Lake View Drive with a General Plan Designation of Recreation(REQ
(9605 Lake View Drive:APN 056-322-011). ABSTAIN: None
PROPOSED ENVIRONMENTAL DETERMINATION PROPOSED :Notion Passed 5:0 by a roll-call vote,
NEGATIVE DECLARATION: Based on the initial study prepared for the
project,a Negative Declaration is proposed. The Community Development
Department recommends that the Planning Commission find that no significant I MOTION: By Vice Chairman Eddings and seconded by Commissioner Kelly to
harm would come to the environment from approval of this subdivision. g
adopt Resolution No:PC 2000-029,recommending that the City
Council introduce an ordinance for first reading to approve Zone
Staff Recommends the Planning Commission: Change 2000-0002.
Adopt Resolution No.PC'000-038,recommending that the City Council certih, AYES:
Commissioner Eddings,Fonzi,Kelley,Jeanes,and Chairman
the proposed Negative Declaration:and, Carden.
Adopt Resolution No.PC 2000-029.recommending that the Citv Council
introduce an ordinance for first reading to approve Zone Change 2000-0003;
and
Adopt Resolution No.PC 2000-030,finding the architectural features of the
proposed single family residence are compatible with the surrounding residential
development.
NOES: None
Community Economic&Development Director Paul Salda>ia gave the staff report and ABSTAIN: None
answered questions of staff.
Commissioner Eddings stated that he was curious as to how the zoning error occurred Motion passed 5:0 by a roll-call vote.
and who approached who regarding the sale of the property. Mr.Saldada stated that the
property was reported as public,and he was unsure about the specific details of the sale MOTION: By Vice Chairman Eddings and seconded by Commissioner Kelly to
of the property. adopt Resolution No.PC 2000-030,finding the architectural features
Commissioner Fonzi requested clarification on flooding problems. She asked if the of the proposed single family residence are compatible with the
`tomes are identical in structure. Sir.Saldana replied that they are identical with the surrounding residential development.
exception of the house color and roof. AYES: Commissioner Eddings,Kelley,Jeanes,and Chairman
Carden.
PUBLIC COMMENT
NOES: Commissioner Fonzi
ABSTAIN: None
:Notion passed 4:1 by a roll-call vote(Fonzi opposed).
Frank Kock.9545 Lakeview Dr.,expressed opposition to the houses being the same style
and concern for the flooding issue and pathway to the Lake.
Chairman Carden closed the Public Comment period.
Mr.Saldada read into the record•letters trout Henry and Sandra Engen,9575 Lake View
Drive,and Alan Thomas,9520 Marchant Way,who expressed concerns with the project
(Exhibits"C•and-D").
Commissioner Fonzi stressed her concern for the homes being built so close to a flooded
area. She recommended that the appearance be changed so that the homes are not
identical
Commissioner Eddings stated that he does not have a problem with the design of the
houses as we have allowed this type of project in the past.
Commissioner Kelly supported Commissioner Eddings opinion"
Commissioner Jeanes stated that she does not want to see two identical homes built;
however,she felt that it would be an abuse of power to dictate that to the developer.
Commissioner Fonzi explained that the resolution asks that the project be in conformance
with the surrounding area;therefore,the Planning Commission does have the authority
regarding design. 024
ATTACHMENT E
Draft Resolution
ZCH 2000-0002
9605 Lake View Drive
DRAFT COUNCIL RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF ATASCADERO
CERTIFYING NEGATIVE DECLARATION 2000-0014 PREPARED FOR ZONE
CHANGE 2000-0002 FOR APN 056-322-011
(N.E.C. Santa Rosa Road & Lake View Drive/ City of Atascadero)
WHEREAS, an application has been received from City of Atascadero (6500 Palma
Avenue, Atascadero, CA 93422) Applicant, to consider a project consisting of a zone change
from L (Recreation) to LS (Special Recreation) to allow the construction of a single family
residence on APN 056-322-011; and,
WHEREAS, an Initial Study and Draft Negative Declaration ,2000-0014 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission of the City of Atascadero held a public
hearing on Tuesday, May 16, 2000 to consider the project, at which the Commission
recommended the City Council certify the proposed negative declaration; and,
NOW, THEREFORE, the City Council of the City of Atascadero, at a public
hearing held on Tuesday, June 27, 2000, hereby certifies Negative Declaration 2000-0014 as
shown on Exhibit A based on the following Findings:
(a) The Negative Declaration has been completed in compliance with CEQA; and,
(b) The Negative Declaration was presented to the Planning Commission, and the
information contained therein was considered by the Planning Commission, prior to
recommending action on the project for which it was prepared; and,
(c) The project does not have the potential to create a significant environmental impact
when mitigation measures are incorporated into the project through conditions of
approval; and,
(d) The Draft Negative Declaration will be forwarded to the City Council, and the
information therein contained will be considered by the City Council, prior to taking
final action on the project.
025
Draft Resolution
June 27,2000
Page 2 of 3
On motion by Council Member , and seconded by Council Member
the foregoing resolution is hereby adopted following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
By:
Ray Johnson, Mayor
Attest:
Marcia McClure Torgerson, City Clerk
Approved as to form:
Roy A. Hanley, City Attorney
4"s.�
Draft Resolution
June 27,2000
Page 3 of 3
Exhibit A Proposed Negative Declaration
ZC 2000-0002
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CITY OF ATASCADERO
PROPOSED
NEGATIVE DECLARATION #2000-0014
6500 Palma Avenue Atascadero,CA 93422 305/461-5035
APPLICANT: City of Atascadero
6500 Patina Avenue
Atascadero, CA 93413
PROJECT TITLE: Zone Change 2000-0001
PROJECT LOCATION: 9605 Lake View Drive,Atascadero C.4
PROJECT DESCRIPTION: Proposed rezone of a +/-30.000 square foot vacant lot to from Recreation(L)
to Special Recreation(LS)to permit the constriction of a 2511 square feet
single family residence. The project is located within an established
neighborhood ofsingle family housing and is adjacent to public recreational
uses. The lot has slopes below 10% and has frontage along Lake View Drive
and Santa Rosa Road. Full urban services are available to the site. The parcel
has a General Plan Designation of Recreation(REQ which is consistent with
the proposed zoning district.
FINDINGS:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited,but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
DETERMINATION:
Based on the above findings,and the information contained in the initial study 2000-0014(made a part hereof by
reference and on the in the Community Development Department),it has been determined that the above project
will not have an adverse impact on the environment when the following proposed mitigation measures are
incorporated into the project.
PREPARED BY: ,, JamieuKelisley,Assistant Planner
r
DATE POSTED: ngy
PUBLIC REVIEW ENDS:
ATTACHMENT F
Draft Ordinance
ZCH 2000-0002
9605 Lake View Drive
DRAFT ORDINANCE
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
APPROVING ZONE CHANGE 2000-0002 THEREBY AMENDING THE
OFFICIAL ZONING MAP DISTRICT OF APN 056-322-011 FROM L (FH)
(RECREATION WITH A FLOOD HAZARD OVERLAY) TO LS (FH) (SPECIAL
RECREATION WITH A FLOOD HAZARD OVERLAY)
(N.E.C. Santa Rosa Road & Lake View Drive/ City of Atascadero)
WHEREAS, an application has been received from City of Atascadero (6500
Palma Avenue, Atascadero, CA 93422) Applicant, to consider a project consisting of a
zone change from L (FH) (Recreation with a Flood Hazard Overlay) to LS (FH) (Special
Recreation with a Flood Hazard Overlay) to allow the construction of a single family
residence on APN 056-322-011; and
WHEREAS, the site's General Plan Designation is Recreation); and,
WHEREAS, the site's zoning district is L (FH) (Recreation with a Flood Hazard
Overlay); and,
WHEREAS, the City Council has determined that it is in the best interest of the
City to enact this amendment to the Zoning Map to protect the health, safety and welfare
of its citizens by applying orderly development of the City; 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, the Planning Commission of the City of Atascadero, at a duly
noticed Public Hearing held on May 16, 2000, studied and considered Zone Change
2000-0002, after first studying and considering the Draft Negative Declaration prepared
for the project recommended the project for approval to the City Council, and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the City Council of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning
amendments; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public
Hearing held on June 27, 2000, studied and considered Zone Change 2000-0002, after
first studying and considering the Draft Negative Declaration prepared for the project and
the Planning Commission's recommendation, and,
Draft Ordinance
Zone Change 2000-0002
NOW, THEREFORE,the City Council does ordain as follows:
Section 1. Findings for approval of zoning,map 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.
The Negative Declaration prepared for the zone change and for the project has
been certified as adequate, in accordance with California environmental laws.
Section 2. Zone map change.
The Official 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 ordinance by reference.
Section 3. Effective Date.
This ordinance shall be effective a 12:01 a.m. on the 31 st day after its final
passage.
On motion by Council Member , and seconded by Council Member
the foregoing ordinance is hereby adopted following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
0?9
Exhibit A
General Plan Map&Zoning map
ZCH 2000-0002
9605 Lake View Drive
General Plan Map: Recreation
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ATTACHMENT G
Draft Resolution
Appearance Review 2000-0004
9605 Lake View Drive
DRAFT RESOLUTION
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
FINDING THE ARCHITECTURAL FEATURES OF THE PROPOSED SINGLE
FAMILY RESIDENCE ARE CONSISTENT WITH THE INTENT OF PLANNING
COMMISSION RESOLUTION 2000-030
(N.E.C. Santa Rosa Road &Lake View Drive/Kelly Gearhart)
WHEREAS, an application has been received from City of Atascadero (6500
Palma Avenue, Atascadero, CA 93422) to consider a project consisting of a zone change
from L (Recreation) to LS (Special Recreation) to allow the construction of a single
family residence on APN 056-322-011; and,
WHEREAS, an application has been received by Kelly Gearhart (6205 Alcantara
Avenue, Atascadero, CA 93422) Owner/Applicant to construct a single family residence
at 9605 Lake View Drive; and,
WHEREAS, the Planning Commission adopted Planning Commission
Resolution 2000-030 approving the architectural elevations for the proposed residence as
shown on Exhibit A.; and,
WHEREAS, the property owner has submitted revised architectural elevation for
the proposed residence as shown on Exhibit B; and,
WHEREAS, the revised architectural elevations are consistent with the intent of
Planning Commission Resolution PC 2000-030 and are compatible with the residential
character of the surrounding neighborhood; and
WHEREAS, a timely and properly noticed Public Hearing upon the Appearance
Review application was held by the Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of project; and,
WHEREAS, the Council of the City of Atascadero, at a Public Hearing held on
June 27, 2000, studied and considered Appearance Review #2000-0004, and,
NOW, THEREFORE, the City Council takes the following action:
SECTION 1. Approval The Council of the City of Atascadero, in a regular
session assembled on June 27, 2000, approved Appearance Review#2000-0004 as shown
on Exhibit B and subject to the conditions contained in Exhibit C.
a) Exhibit A: Architectural Elevation approved by Planning Commission Resolution
2000-030.
b) Exhibit B: Revised Architectural Elevations
c.) Exhibit C: Conditions of Approval
032
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:
ABSTAINED:
ADOPTED:
By:
Ray Johnson, Mayor
Attest:
Mc lure Tor erson Cit
Marcia C g y Clerk
Approved as to form:
Roy A. Hanley, City Attorney
03
Exhibit A
Architectural Elevation Approved by Planning Commission Resolution 2000-030
APR 2000-0004
9605 Lake View Drive
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Exhibit C
Conditions of Approval
APR 2000-0004
9605 Lake View Drive
Conditions of Approval
1. The applicant shall consult with Community Development Department staff
during the construction of the pedestrian pathway. Planning Staff shall provide
direction as to the most appropriate location of the pathway to ensure it is
constructed in the location that would result in the least amount of impacts to the
site.
2. The applicant shall receive approval of a building permit prior to the
commencement of any construction on the site.
3. The wood-siding architectural treatment shall be applied to the Santa Rosa Road
and Lake View Drive elevations equally.
036
ITEM NUMBER: B-2
r. ■ i DATE: 06/27/2000
ieis � is a
CADS
Citi Council Agenda Report
Staff Report-Public Works Department
Placing Sewer Service Charges
on the 2000-01 Property Tax Rolls
RECOMMENDATION:
Council adopt the attached draft Resolution, adopting service charges to be added to the 2000-02
property tax rolls.
DISCUSSION:
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 to accomplish the necessary
collection through the 2000-01 property tax bills.There is no increase in the sewer service rates.
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 forresolution
prior to submitting the charges to the County Auditor by the July 14`h deadline.
FISCAL IMPACT:
The City will bill $1,386756.54 in sanitation service charges for Fiscal Year 2000-01.
ATTACHMENTS: Draft Resolution
Exhibit A Property Owner List
037
DRAFT RESOLUTION
A RESOLUTION OF THE COUNCIL
OF THE CITY OF ATASCADERO
ADOPTING SERVICE CHARGES TO BE ADDED
TO THE 2000-0I
PROPERTY TAX ROLLS
WHEREAS, Council has duly held a public hearing concerning the addition of the 2000-
01 service charges to the 2000-01 property tax bills; and
WHEREAS, due notice was given to the public in accordancewith Section 5473 of the
Health and Safety Code;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.
038
On motion by Council Member and seconded by Council Member
0 the foregoing Resolution is hereby adopted in its entirety by the following vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia M. Torgerson Ray Johnson
City Clerk Mayor
039
ITEM NUMBER: C—1
■a r six DATE: 06/27/2000
iais t 1-117-9
Atascadero City Council
Planning Commission Report
Annual General Plan Implementation p Status Report
SUBJECT:
The Planning Commission is required to annually review the status of the General Plan and its
progress of implementation, by Section 65400(b)(1) of the Government Code. The
Commission's finding are to be fowarded to the City Council, Office of Planning and Research ;
and the Department of Housing.
RECOMMENDATION:
Staff recommends Councilreceive and file Planning Commission Resolution PC 2000-031, with
the finding that all of the elements of the current General Plan are in the process of being
updated.
DISCUSSION:
Background: State planning law requires cities to prepare and maintain a General Plan
consisting of seven mandatory elements: Land Use, Circulation, Housing, Conservation, Open
Space, Noise, and Safety. The mandatory elements are generally separate sections, although the
consolidation of complimentary elements is allowed. Historically, the"City of Atascadero has
kept the elements separate and updated each element individually over time. The current Land
Use Element, adopted most recently in 1992, is a consolidated element that also contains the
Conservation and Open Space Elements. In addition,cities may prepare optional elements to the
General Plan. The City of Atascadero has prepared four optional elements: the Downtown
Master Plan Element, a Parks and Recreation Element, an Economic Element, and a Fiscal
Element. The elements of the Atascadero General Plan are summarized in the following table.
041
ITEM NUMBER:, C-1
DATE: 06/27/2000
EXISTING GENERAL PLAN ELEMENTS
mndatdry Etements -7
• Land Use
Circulation
Housing
Open Space
Conservation
Noise
Safety
Optional Elements-4
Downtown Master Plan
Parks and Recreation
. Economic
Fiscal
Analysis: In the fall of 1999,the City Council placed a moratorium on General Plan Amendment
applications in order to update all elements of the General Plan. The City hired the consulting
firm of Crawford, Multari, Clark and Mohr in December 1999 to prepare the General Plan
Update. Currently staff and the consultant are proceeding with Phases 1, 2 and 3 of the contract.
Since the current General Plan is in the process of being updated, staff has not prepared an
analysis of the implementation status report of each element. The Planning Commission's
findings will be forwarded to Office of Planning and Research (OPR) thatall elements of the
current General Plan are in the update process.
ATTACHMENTS: Annual General Plan Implementation Status Report Planning
Commission Resolution
•
042
Attachment 1:Annual General Plan Implementation Status Report Planning Commission Resolution
RESOLUTION NO. PC 2000-031
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO TO
REPORT THE IMPLEMENTATION STATUS OF THE
GENERAL PLAN AS REQUIRED BY GOVERNMENT CODE SECTION 65400(B)(1).
WHEREAS, Government Code Section 65400(B)(1) requires the Planning Commission
to make an annual report to the City Council and the Governor's Office of Planning and Research
reporting implementation status of the General Plan; and,
WHEREAS, the City of Atascadero has initiated an update of all elements of the General
Plan and placed a moratorium on all General Plan Amendment applications; and,
WHEREAS, the current General Plan is comprised of seven mandatory elements and
four optional elements; and,
WHEREAS, the Planning Commission held a Public Hearing, noticed for May 16, 2000,
to allow public testimony concerning the implementation status of the General Plan; and,
NOW, THEREFORE,the Planning Commission reports the following: (1) that all
elements of the General Plan are currently in the process of being updated, (2) the City has
adopted a moratorium on any General Plan Amendment applications until the update is complete,
and (3) that work in proceeding in a timely manner on the General Plan update.
043
On motion by Commissioner Jeanes, and seconded b Commissioner Fonzi the foregoing
Y Y S g
resolution is hereby adopted:
AYES: Commissioners Carden, Eddings, Fonzi, Kelley, Jeanes 5
NOES: none 0
ABSTAIN: none 0
ABSENT: Commissioner Bentz and vacant seat 0
ADOPTED: May 16, 2000
CITY OF ATASCADERO, CA
Harold L. Carden III, Chairperson
ATTEST:
PAUL M. SALDANA,
Planning Commission Secretary
0
G 11 4
ITEM NUMBER: C-2
DATE: 06/13/2000
1918 ® 1979
- CADS;
Ataseadero City Council
City Manager's Office
Information Bulletin
A. Employee Update
Mariana Munoz-Morris Lifeguard Hired 6/5/2000
Jennifer Forrest Lifeguard. Hired 6/5/2000
Carly Barnett Lifeguard Hired 6/5/2000
Benjamin Blair Lifeguard Hired 6/5/2000
Hailey Amato Lifeguard . Hired 6/5/2000
Jamie Harcourt Lifeguard Hired 6/5/2000
Mike Hoffman Comm Dev Volunteer Began 5/30/2000
Zack Dahl Comm Dev Intern Hired 6/5/2000
B. Attachments
I Economic Vitality Corporation Report—Annual Report Summary
045
ECONOMIC VITALITY CORPORATION REPORT
-June 27, 2000
ANNUAL REPORT SUMMARY
TO THE
CITY OF ATA SCADERO
046
TABLE OF CONTENTS
I. ................. EVC VISSION/MISSION STATEMENT & GOALS
II. ....................................CDBG REVOLVING LOAN REPORT
III. ........................BUSINESS RETENTION AND EXPANSION
IV. ......................... BUSINESS ATTRACTION/RECRUITMENT
Attachments RLF Quarterly Reports
047
I. EVC VISSION/MISSION STATEMENT & GOALS
Vision Statement
To be the leader in economic vitality services on the Central Coast
Mission Statement
To stimulate the economic vitality of San Luis Obispo County, generate jobs and increase financial
investment within the County by promoting the retention, expansion and attraction of business and
industry to the area
Goals
The 1999 — 2000 Boards of Directors has identified and prioritized three program goals to be
completed during the 12 month period for the 1999-2000 fiscal year.
The three areas of emphasis are:
♦ Business Retention & Expansion Program
Complete 100 confidential interviews and identify 350 job opportunities
♦ Business Attraction Program
Partner with the Central Coast Marketing Team and California trade & Commerce
Attract one new target business/industry per year
♦ Collaborative Partners & Business Assistance Programs
Revolving loan fund
Micro loan fund
SBA 504 loan program
Industrial Revenue Bonds
II. CDBG ANNUAL REVOLVING LOAN FUND REPORT
Background
The Atascadero Revolving Loan Fund, which is currently managed by the Economic Vitality
Corporation, was established in 1996 to assist small businesses in Atascadero in creating new jobs.
This is accomplished by issuing loan guarantees to viable businesses that are otherwise would not
obtain financing though banks and other financing sources.
The City has committed a total of $182,500 to the fund and at present there is one guarantee in the
amount of$80,000 outstanding. This guarantee was issued to support a SBA loan at Santa Lucia Bank
for a loan to Bonnema Brewing. This guarantee leveraged total loans from Santa Lucia Bank that
exceeded $1,500,000 for the construction of the Brewery and Restaurant. The number of new jobs
created exceeds 25. This was the second loan issued by the Revolving Loan Fund to Bonnema
Brewing through Santa Lucia Bank. The first loan was paid off prior to the second loan analysis and
full consideration as a requirement of the EVC Loan Committee and Santa Lucia Bank as a matter of
practice.
The EVC has been in contact with several new small businesses in Atascadero over the past year. A
guarantee (loan commitment) has not been made because the applicants were either not creating new
jobs or did not otherwise qualify for a guarantee. We are currently talking to a small manufacturer in
Atascadero that is expanding and needs financial help to do so. Contact was made as a result of the
EVC/Atascadero Business Retention Program. The business name is not mentioned here, as we have
not yet received a formal signed application. We are working with Mid-State Bank on this loan
guarantee that will probably be for approximately $100,000 and create 7 or 8 new jobs.
Current Fund Balance June 2000
Loans Outstanding $80,000
Funds Available for Loans 94,914
Accrued Interest on CDs 14.718
TOTAL FUND $ 189,632
049
Expenses
Expenses from the beginning of the Fund through today have been $5,211. For the current year,
expense has been $1,661 or approximately 2.8% expense ratio Vs the 20% allowed by the contract.
The EVC and City agreed goal was to reduce and maintain overhead or expenses to 10% or less. In
doing so some marketing opportunities nave been missed and we hope to make this up next year by
working closer with your City economic development program, Main Street Program and all local
banks. Currently, all newspaper ads have been paid for out of the County of San Luis Obispo CDBG
budget.
The Fund has been prudently managed on behalf of the City and remains an asset for the small
businesses of Atascadero.
Overall the total CDBG funds, committee to the RLF in the County, including Atascadero and the other
participating City of San Luis Obispo and the County of San Luis Obispo is $1,080,000 and $901,508 in
loan guarantees have been issued. They have been issued to 22 businesses that have created or
saved a total of 170 jobs. A summary of the RLF has been attached along with the past years
Quarterly reports to the City.
Certificates of Deposits
The EVC is the current custodian of two Certificates of Deposits representing funds from the
Atascadero CDBG Revolving Loan Fund.
The first CD was opened 6/30/97 at Santa Lucia Bank in the amount of $80,000 to support the loan
guarantee issued on behalf of Bonnema Brewing. This CD is renewed annually and the current interest
rate is 4.25%. The earned interest is credited monthly and the current accrued interest is $12,431.24,
for a current CD total of $92,431.24. These funds will return to the loan pool when the guarantee
expires in September of 2001.
The second CD was opened June 30, 1999 at Mid-State Bank in the amount of $70,000 to support a
loan guarantee that had been approved to Nunes Pristine Auto Body. The loan did not close and the
funds will be return to the CDBG pool upon maturity 6/30/00. The current interest rate is 4.5% with
interest credited monthly. The interest at maturity will be $3,158.63 for a CD total of$73,158.63.
The EVC has yet to build a Loan Loss Portfolio from the repayment and interest generate from each of
the Revolving Loan funds for the City of Atascadero. We will do so upon your request.
G 5 0
III. BUSINESS RETENTION AND EXPANSION
Background
The Economic Vitality Corporation recently completed a Countywide Business Retention & Expansion
Survey by conducting 100 confidential interviews. The results will be published in a Countywide report
with an executive summary prepared specifically for Atascadero in July.
Preliminary Results
The preliminary information for Atascadero includes a total of 14 companies interviewed out of 100
countywide and 12% of the 67 companies planning expansions are planning to expand in Atascadero.
Total jobs represented in Atascadero are close to 307 with most expanding companies citing a need
for available buildings and building sites to accommodate expansions. Surprising, infrastructure rated
well in Atascadero and appears not be a hindrance to business expansions as much as buildings and
buildable sites.
Service provided by the City rated high in the range from fair to good with police and fire rating in the
excellent range.
Assistance provided by the City also rated high about 3.75 out of a 5 with 5 rated as excellent.
Action Items
The EVC will prepare a summary for the City to review as part of the EVC five year Strategic Plan and
for the cities economic development plan in order to capitalize on existing expansions and to prepare
for targeted business attraction and recruitment.
The business retention results will be used to strategically guide the EVC Board in developing a solid
five-year Strategic Plan for business retention, expansion and attraction.
Fiscal year 2000-2001 will focus on providing expansion services
051
IV. BUSINESS RECRUITMENT
Background
The EVC will launch a formal business attraction campaign and recruitment program during the fiscal
year 2000-2001. To date the EVC has not been focus on an aggressive business recruitment strategy
or partnership with the City of Atascadero for the following reasons: The lack of a formal and
completed business retention & expansion program and industrial sites directory. Perceived lack of well
infrastructure industrial sites, the lack of expandable buildings in an office park setting and the need to
finalize a list of "target" businesses or types of jobs to be created in Atascadero and other cities in the
County of San Luis Obispo.
The EVC has been actively involved in responding to, and the development stage of a business
recruitment effort through the CENTRAL.COAST MARKETING TEAM (CCMT) and an active Team California
member through the California Trade & Commerce Agency. Most projects have been lost to competitor
locations in Santa Barbara or Monterey County communities of King City, and Salinas and Santa
Maria.
Located projects
4,000 square foot Software Company to announce June 301h
4,000 square foot office for AT&T fixed and wireless telephone system
Prospects Screened Out
150,000 square foot food processor
375,000 square foot coffee-roasting facility
Current Prospects
6,000 square foot Software Company
80,000 square foot back office operation
880,000 square foot manufacturer
50,000 square foot winery
A cattle ranch
Proiects Lost
80,000 square foot Internet Service Provider
40,000 square foot call center(Micro Age)
C r, �:
NOTICE OF SPECIAL MEETING
ATASCADERO CITY COUNCIL
Tuesday, June 27, 2000
Immediately following Regular Session
1 Atascadero Unified School District Settlement Agreement
■ Fiscal Impact: The City will receive regular payments to the sewer fund from the
Atascadero Unified School District.
■ City Attorney recommendation: Council adopt the draft Resolution,formalizing the
method for determining sewer charges for the Atascadero Unified School District
pursuant to the settlement agreement reached between the parties and reported out
today, June 26, 2000.
NOTICE IS HEREBY GIVEN that on Tuesday, June 27, 2000, immediately following the
Regular Session scheduled at 7:00 p.m., the Atascadero City Council will meet in a Special
Meeting. Said meeting will be held in the Rotunda of City Hall on the fourth floor of the
Atascadero Administration Building, 6500 Palma Avenue,Atascadero, California.
Dated this 26`h day of June, 2000
Marcia McClure Torgerson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF ATASCADERO )
MARCIA MCCLURE TORGERSON,being fully sworn,deposes,and says:That she is the duly elected City Clerk
of the City of Atascadero and that on June 26, 2000, 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
• June 27,2000
NINA
•
1979
i9ia A i9�e
Atascadero City Council
City Attorney Report
Atascadero Unified School District Settlement Agreement
RECOMMENDATION:
Council adopt the draft Resolution, formalizing the method for determining sewer charges for the
Atascadero Unified School District pursuant to the settlement agreement reached between the
parties.
DISCUSSION:
Background: Pursuant to the direction of the City Council the City of Atascadero and the
Atascadero Unified School District have reached the attached settlement regarding the sewer fees
to be charged to the School District. The accompanying joint press release serves as a
supplement to this staff report. The parties have agreed to the joint press release, and staff does
not want to violate the spirit of that agreement by making further statements concerning the
settlement in this report that are not necessary to the Council's findings. The City of Atascadero
may pass this resolution setting rates at this meeting called especially for that purpose. The
Revenue and Bond Act of 1954 allows the rates to be set in this manner. This matter is set for
special meeting so that the City may in good faith comply with the Settlement Agreement terms
providing for the rate to be formalized by resolution at the earliest possible moment. The next
regular council meeting will not be held until the fourth week in July. Setting this for a special
meeting concurrent with the regular meeting seemed the most expeditious way of accomplishing
that act without running afoul of summertime vacation and travel schedules for the Council
Members.
FISCAL IMPACT:
The fiscal impact is that the sewer funds will now receive regular payments from the School
District.
June 27,2000
ALTERNATIVES:
The settlement requires that the rates for the School District be set at this level and in this
manner. The City could postpone the decision to a later date, but that alternative is not
recommended as the delay would not help foster a new working.relationship with the School
District.
ATTACHMENTS: Approved Agreement
Draft Resolution
•
ORIGINAL
• SETTLEMENT AGREEMENT AND
FULL MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND FULL MUTUAL RELEASE
("Agreement") is dated for reference purposes as of June 15, 2000,by and between the City
of Atascadero, California ("City") and the Atascadero Unified School District ("District")
(jointly, the "parties").
The parties desire to settle all matters related to those causes of action asserted by
City in that certain case entitled City of Atascadero v.Atascadero Unified School District, San
Luis Obispo Superior Court Case No. CV990795 (the "Litigation"). In the Litigation, the
City sought recovery of unpaid sewer service charges from the District.
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements
and considerations set forth herein, the parties agree as follows:
1. Upon execution of this Agreement, the City's City Council shall, no later than
the next regularly scheduled City Council meeting following the execution of this Agreement,
adopt the resolution attached to this Agreement as Exhibit "A", setting forth the reduced
sewer service-rate to be charged to the District beginning on July 1, 2000. District shall,
within 45 days following July 1, 2000,pay to the City one-half of the estimated annual sewer
• service charge, which amount shall be determined by taking one-half of the product of the
District's average annual attendance number for schools connected to the City's sewer system
(P2ADA number District provides to the State of California in March of each year, or
successor number) established in March 2000,which number is 3794, multiplied by$0.58 per
student, multiplied by twelve (12) months, for a total of $13,203.12. Not later than 45 days
following the District's determination of the District's average annual attendance number in
March 2001, District shall pay to City all remaining annual sewer service charges,which shall
be determined by taking the product of the District's average annual attendance number
established in March 2001,multiplied by$0.58 per student, multiplied by twelve (12) months,
and subtracting from that number the $13,203.12 payment made to City not later than 45
days following July 1, 2000. Future payments by District of sewer service charges to City
shall be made in the same fashion and on the same timelines as those made in fiscal year
2000-2001, using the average annual attendance numbers as updated each year by District.
While City reserves the right to increase or reduce sewer rates in the future, City shall not
increase District's sewer rates unless City increases all sewer rates in the City at the same
time.
2. The parties agree that the Press Release attached as Exhibit "B", which is
incorporated herein by reference, shall be jointly released by the parties, at a mutually
agreed date and time, not to exceed five days after the date of execution of this Agreement
by the last party to sign.
1
• 3. Upon adoption of the resolution attached to this Agreement as Exhibit "A",
the District shall forthwith pay to the .City .the amount of Two Hundred Three Thousand
Dollars ($203,000.00), which amount expressly includes the District's sewer service charges
due and payable to City through June 30, 2000. Except as set forth in paragraph 12 each
party to this Agreement shall bear its own costs and attorneys' fees incurred in connection
with the Litigation.
4. Upon receipt of the funds set forth in paragraph 2 of this Agreement, City
shall cause its counsel to execute and file a dismissal with prejudice of all claims stated in
the complaint in the Litigation. Upon entry of the dismissal, City's counsel shall forthwith
provide a conformed copy of the entered dismissal to counsel for the District.
5. City does hereby,*for itself, its administrators, successors-in-interest and
assigns, fully and forever release and discharge District, its attorneys and agents, and each
of them, of and from any and all claims, demands, actions or causes of action against them
by reason of any occurrences or any damages or injuries whatsoever sustained by City,
relating to the causes of action asserted by City in the Litigation
6. Upon the occurrence of events and conditions set forth in paragraphs 1 and
.4, above, District does hereby, for itself, its administrators, successors-in-interest and assigns,
fully and forever release and discharge City, its attorneys and agents, and each of them, of
• and from any and all claims, demands, actions or causes of action against them by reason
of any occurrences or any damages or injuries whatsoever sustained by District relating to
the causes of action asserted by City in the Litigation. This release does not apply to any
alleged claims, charges or debts asserted by District as an affirmative defense or offset in the
Litigation, or which District may otherwise claim against City arising out of any matters
other than the causes of action asserted by City in the Litigation.
7. Each of the parties to this agreement represents and warrants that it has not
heretofore assigned, transferred, or purported to assign or transfer to any person or entity,
any liability, claim, demand, action, cause of action or right which is herein released and
discharged. Each such party, respectively, shall indemnify each other party released and
discharged by the foregoing provisions and their respective successors-in-interest, employees,
assigns, affiliates, partners, co-venturers,attorneys, and each of them, and shall hold them
harmless from and against (a) any liability, claim, demand, action, cause of action or right
which has been assigned or transferred by said party contrary to the foregoing representation
or in violation of the foregoing warranty; and (b) any and all loss, expense, and/or liability
arising directly or indirectly out of any breach of the foregoing warranty by said party.
8. Both of the parties are fully apprised of the provisions of California law
relating to releases and, in particular, to Section 1542 of the Civil Code of California, which
provides as follows:
•
2
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which, if
known by him must have materially affected his settlement with the debtor."
Each of the parties expressly waives the provisions of the aforementioned Section 1542 with
respect to claims, including those they do not know of or suspect to exist against the other,
arising out of or related to the causes of action asserted by City in the Litigation.
9. The provisions of this Agreement shall be deemed to obligate, extend to and
inure to the benefit of the successors, assigns, transferees, grantees and indemnitees of each
of the parties to this agreement.
10. Each of the parties to this agreement has been represented by independent
counsel of its own choice throughout all negotiations which preceded the execution of this
Agreement. Each party has executed this Agreement with the consent and upon the advice
of its independent counsel.
11. This settlement is a compromise of a disputed claim or claims and shall not
be deemed or construed as an admission of any liability by any persons and/or entities being
released and by whom liability is expressly denied.
12. In the event either party commences litigation to enforce any of the provisions
of this Agreement, to recover damages for breach of any of the provisions of this
Agreement, or to obtain declaratory relief in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in
addition to any other costs of litigation that may be awarded by the Court.
13. This Agreement constitutes the entire agreement between the parties and
supersedes any prior agreement, policy, practice or understanding between the parties,
written or oral relating to the Litigation. The terms of this Agreement may not be modified,
except by a writing signed by both parties. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument. If any of the provisions contained in this Agreement
are found null, void, or inoperative, for any reason, the remaining provisions shall remain
in full force and effect.
IN WITNESS WHEREOF, each of the parties hereto has executed this Settlement
Agreement and Full Mutual Release on the dates set forth below in San Luis Obispo
County, California. This Agreement shall be effective as of the date of the last signature.
3
• CITY OF ATASCADERO ATASCADERO UNIFIED
SCHOOL DISTRICT
BY: BY:
Ray Johns n, or Suzette Scri er
Date: G t Acting President, Board of Trustees
Date: Le 1 w 1 Dd
ATTEST: ATTEST:
"'w ot4---.) ) U",—
arcia Torgerson, C Clerk Wayne WCooper, Actirfg Clerk
Date: I — Date: ( z a
APPROVED AS TO FORM: APPROVED AS TO FORM:
DIEHL & RODEWALD
By:
Davi . Leishman Anne M. Russell
Deputy City Attorney Attorneys for Atascadero Unified
School District
4
06%20.'00 13:41 $805 541 ,6870 DIEHL&RODEVALD 0002%002
• ATASCAIDERO UNIFIED SCHOOL
CITY OF ATASCADERO DISTRICT
BY: BY:
Ray Johnson, Mayor Suzotte Scrivner
Date: Acting President, Board of Trustees
Date:
ATTEST: ATTEST:
Marcie, Torgerson. City Clerk Wayne Cooper, Acting Clerk
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
DIEHL RODE1VA1rD
By:
• David M. FIcishmano' Russell
Deputy City Attorney A torneys for Atascadero Unified
School District
4
• RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
REVISING THE CHARGES FOR SEWER SERVICE
WHEREAS: the City Council of the City of Atascadero has previously provided for rates for
sewer service provided to the residents of the City of Atascadero and others who use such
services;
WHEREAS: As provided for in a settlement agreement between the City of Atascadero and the
Atascadero Unified School District, the sewer service charges applicable to the Atascadero
Unified School District shall be reduced pursuant to a resolution of the City Council of the City
of Atascadero;
WHEREAS: Such sewer charges are and will continue to be imposed only as a condition of
continued service and on only on the basis of the amount of sewage generated, and not upon a
person or entity as an incident of property ownership;
WHEREAS: The sewer charges adopted herein are adopted by resolution pursuant to the
Revenue Bond Act of 1941;
NOW THEREFORE the City Council of the City of Atascadero does resolve as follows:
Section 1. Sewer Charges. Effective July 1, 2000, the charge for sewer service for the
Atascadero Unified School District shall be reduced to $0.58 per student per month based on the
average annual attendance ("P2ADA") number published by the District in March of each year.
Section 2 Savings and Interpretation Clause. This resolution shall not be interpreted
in any manner to conflict with controlling provisions of state law, including, without limitation,
the Constitution of the State of California. If any section, subsection or clause of this resolution
shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining
sections, subsections and clauses shall not be affected thereby. If this resolution, or any section,
subsection or clause of this resolution shall be deemed unconstitutional or invalid, the validity of
this resolution and its sections, subsections and clauses, shall not be affected.
Section 3. Publication and Effective Date.Within fifteen (15) days after passage, the
City Clerk shall cause this resolution to be published one time in a newspaper of general
circulation in the City.
CITY OF ATASCADERO
BY:
Ray Johnson, Mayor
. ATTEST:
City Clerk
�4
News from the:
City of Atascadero Atascadero Unified School District
City Manager's Office Superintendent's Office
6500 Palma Ave.,Room 208 5601 West Mall
Atascadero, CA 93422 Atascadero, California 93422
(805) 466-5010 (805) 462-4200
Forimmediate release..................................................Faxed June ,2000
Contact:
David Fleishman, Attorney at Law Anne M. Russell, Diehl & Rodewald
(805)226-9240 (805) 541-1000
CITY OF ATASCADERO AND ATASCADERO UNIFIED SCHOOL
DISTRICT REACH SETTLEMENT ON SEWER BILLS
The Atascadero Unified School District and the City of Atascadero are pleased to
report that they have reached a mutual settlement over sewer bills. The school district
will pay the City for unpaid sewer bills and the City will establish a reduced sewer rate
for the District based upon the water usage.
"We are pleased that we were able to put our differences behind us and work with
the District to resolve this issue," said City Manager Wade McKinney. "The District had
concerns about the sewer rates and the City addressed those concerns by calculating rates
using water usage as a measure to determine actual sewer usage. In exchange,the
District will pay the unpaid sewer charges that have added up over the years. It's really a
win-win situation for both sides."
District officials were similarly pleased. According to Interim Superintendent of
Schools Jim Stecher, "Everyone benefits from resolution of this long standing dispute.
The reduced rate addresses our concerns. We are happy to have resolved the issue of
unpaid bills, since the District always intended to pay what it fairly owed. We look
forward to a new era of cooperation between the District and the City, as both agencies
seek to do what is best for students and the community as a whole."
The dispute centered around the City's invoicing the school district for the
District's use of the City's sewer system. The issue has lingered for many years and
several attempts had been made at resolution. "Once both agencies began working
together we knew there would be a solution," said Mayor Ray Johnson.
49#
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO REVISING THE CHARGES FOR SEWER SERVICE
WHEREAS: the City Council of the City of Atascadero has previously provided for rates for
sewer service provided to the residents of the City of Atascadero and others who use such
services;
WHEREAS: As provided for in a settlement agreement between the City of Atascadero and the
Atascadero Unified School District, the sewer service charges applicable to the Atascadero
Unified School District shall be reduced pursuant to a resolution of the City Council of the City
of Atascadero;
WHEREAS: Such sewer charges are and will continue to be imposed only as a condition of
continued service and on only on the basis of the amount of sewage generated, and not upon a
person or entity as an incident of property ownership;
WHEREAS: The sewer charges adopted herein are adopted by resolution pursuant to the
Revenue Bond Act of 1941;
NOW THEREFORE the City Council of the City of Atascadero does resolve as follows:
Section 1. Sewer Charges. Effective July 1, 2000, the charge for sewer service for the
Atascadero Unified School District shall be reduced to $0.58 per student per month based on the
average annual attendance ("P2ADA") number published by the District in March of each year.
Section 2. Savings and Interpretation Clause. This resolution shall not be interpreted
in any manner to conflict with controlling provisions of state law, including, without limitation,
the Constitution of the State of California. If any section, subsection or clause of this resolution
shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining
sections, subsections and clauses shall not be affected thereby. If this resolution, or any section,
subsection or clause of this resolution shall be deemed unconstitutional or invalid, the validity of
this resolution and its sections, subsections and clauses, shall not be affected.
Section 3. Publication and Effective Date.Within fifteen (15) days after passage, the
City Clerk shall cause this resolution to be published one time in a newspaper of general
circulation in the City.
CITY OF ATASCADERO
BY:
Ray Johnson, Mayor
ATTEST:
•
Marcia McClure Torgerson, City Clerk