HomeMy WebLinkAboutAgenda Packet 05/08/2001 t ®l AGENDA
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, MAY 8, 2001
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4th Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
1) 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 Johnson
ROLL CALL: Mayor Arrambide
Mayor Pro Tem Scalise
Council Member Clay
Council Member Johnson
Council Member Luna
APPROVAL OF AGENDA: Roll Call
G. ADJOURNMENT:
THE NEXT CITY COUNCIL MEETING WILL BE A REGULAR SESSION I
SCHEDULED ON MAY 22,2001,AT 7:00 P.M.
Please note: Should anyone challenge any proposed development-entitlement listed on this
Agenda in court, that person may be limited to raising those issues addressed at the public
hearing described in this notice, or in written correspondence delivered to the City Council at or
prior to this public hearing.
I, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the
penalty of perjury that the foregoing agenda for the May 8, 2001 Regular Session of the
Atascadero City Council was posted on May 3, 2001 at Atascadero City Hall, 6500 Palma
Ave., Atascadero, CA 93422 and was available for public review in the City Clerk's office at
that location.
Signed this 3rd day of May, 2001 at Atascadero, California.
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Marcia McClure Torgerson, City C
City of Atascadero
4
City of Atascadero
WELCOME TO THE A TASCADER 0 CITY COUNCIL MEETING
iThe City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m.,
in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the City Clerk(Room 311) 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. Contracts, Resolutions and Ordinances will be allocated a number once they are
approved by the City Council. The minutes of this meeting will reflect these numbers.
In compliance 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 HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager ten days
preceding the Council meeting. Should you have a matter you wish to bring before the Council, please
mail or bring a written communication to the City Manager's office in City Hall prior to the deadline.
ITEM NUMBER: A-1
DATE: 05/08/2001
,
DRAFT MINUTES
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, APRIL 24, 2001
7:00 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:00 p.m. and Council Member Clay led the
Pledge of Allegiance.
ROLL CALL:
• Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
Absent: None
Others Present: City Clerk Marcia McClure Torgerson
Staff Present: City Manager Wade. McKinney, Assistant City Manager Brady Cherry,
Police Chief Dennis Hegwood, Acting Fire Chief Kurt Stone, Acting
Community and Economic Development Director Warren Frace, Public
Works Director Steve Kahn, Police Lieutenant John Couch, Finance
Technician Lori Brickey, Assistant Planner Phil Dunsmore and Assistant
City Attorney David Flieshman.
APPROVAL OF AGENDA:
Mayor Arrambide announced that staff has requested Item #A-11 under the Consent Calendar be
pulled from this agenda. He also announced that staff had requested Item #B-1 and Item 913-2
under Public Hearings be interchanged. Additionally, Mayor Arrambide proposed moving the
Consent Calendar to the portion of the meeting after the Public Hearings.
MOTION: By Mayor Pro-Tem Scalise and seconded by Council Member Clay to
• amend the agenda as recommended by Mayor Arrambide.
Motion passed 5:0 by a roll-call vote.
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PRESENTATIONS:
1. Proclamation declaring April 29-May 5, 2001, "Municipal Clerks Week."
City Clerk Marcia McClure Torgerson accepted the proclamation. •
COMMUNITY FORUM:
Raymond Jansen, 6655 Country Club Drive, suggested a non-profit principle for affordable
housing. He would like to see a non-profit public housing authority, which would manage 50 or
more units, to be made available rent-free for five years to couples, or families who aspire to
purchase their own home. Mr. Jansen explained the details of his proposal.
Ann Ketcherside, expressed her concern for the process followed at the Parks and Recreation
Commission meeting last week. She also stated that she wants the City to build a Youth Center.
Richard Hill, stated he is opposed to the City ordinance that limits the number of animals a
citizen can house.
Baxter Boyington, San Luis Obispo County Visitors and Conference Bureau and Film
Commission, presented the Council a framed copy of the County's Tourism Brand Image. It is
hoped that this image will help the County compete with other tourism areas to the north and
south.
Eric Greening, 6600 Lewis Ave., updated the Council on the Salinas Dam issue. The San Luis •
Obispo City Council is moving forward with studies of the steelhead habitat and population in
the Salinas River between the dam and Highway 58. However, they seem to be returning a fair
amount of the money they had committed to studies to the General Fund and deferring a lot of
the work that had been scheduled including developing the detailed mitigation plan. He
submitted for the record his prepared statement from the San Luis Obispo City Council meeting.
(Attachment#A)
Dr. Bonnie Lyon, 3273 Arena, asked the Council to consider her request for a Conditional Use
Permit to conduct her business, Success Solutions, in the downtown.
Dr. Ellen Yankauskas, 7623 Morro Road, stated that she supports Ms. Lyon's request and
indicated that she is also looking for similar space in the downtown.
Dave Goldsten, 4355 Cayucos Ave., stated that he is a property owner in the downtown and was
not aware of the new City booklet for the downtown. He feels there should have been some sort
of public disclosure of the provisions established in July 2000.
Bill Bright, 11875 Santa Lucia, stated that the present zoning ordinance for downtown was
developed over a period of eight or nine months by 20 or more people holding meetings every
other week, as well as three or four public meetings advertised in the newspaper. He encouraged
the Council to be very conservative with any changes they might make in this ordinance.
•
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Linda Hall, spoke to the Council concerning Maxine and Richard Hill. She explained that she
was convicted in SLO County for owning 2 house cats. She stated that she feels the City should
separate the abatement of the property from the animal issue.
• Terrill Graham, 6205 Conejo Road, stated that the lawyer representing the Hill's used to be a
partner with the City Attorney. He said he feels this is a conflict of interest and should be
brought to the public's attention. Additionally, Mr. Graham expressed concern regarding
expansion of services by the Atascadero Mutual Water District.
Ann Ketcherside, expressed concern regarding the Redevelopment Agency and the way in which
she perceived the City Council organized it.
Mayor Arrambide closed the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay announced a bowlathon on May 5, 2001 that is a fundraiser for Big
Brothers, Big Sisters.
Mayor Arrambide stated that at the SLOCOG meetings the Consent Calendar is placed toward
the end of the agenda, which allows the public hearing to happen more quickly. He would like to
see the Council consider this format as a permanent change to future agendas.
B. PUBLIC HEARINGS:
• 1. Nighttime Curfew—Proposed Ordinance
■ Fiscal Impact: None
■ Staff recommendation: Council introduce, for first reading by title only, the draft
Ordinance amending Chapter 5-6 of the Municipal Code pertaining to nighttime
curfew of minors. [Police]
Police Lt. John Couch gave the staff report and answered questions of Council.
PUBLIC COMMENT
Doug Lewis, Atascadero, stated he is opposed to a curfew for children and feels it is an
infringement of their constitutional rights. (Attachment B)
Linda Hall felt that stopping persons simply because of their age is a violation of their rights.
Eric Greening, 6600 Lewis Ave., shared his concern with imposing curfews for anyone,
including children.
Richard Hill stated it is illegal under the Bill of Rights for the City to restrict any group of
people.
• Hank Alberts, President of the American Civil Liberties Union (ACLU) of San Luis Obispo
County, expressed his opposition to the implementation of curfews.
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Joe Cerecedes, 8970 Ortega Road, stated he is opposed to a curfew. He explained if he is at a
friend's house late in the evening, and doesn't have a driver's license, he would walk home.
With this curfew, he could be issued a citation. •
Ann Ketcherside, expressed her opposition of the City imposing curfews.
Ray Jansen, 6655 Country Club Drive, stated children are the responsibility of their parents and
he feels that if a child is out at an unreasonable hour, the parents should be levied the penalty
rather than the juvenile.
Scott Benedict, said that minors out on the street at 2:00 or 3:00 a.m. are up to no good. He
expressed his support for a nighttime or daytime curfew and feels that the majority of people in
the town would not be affected by it as they generally do what is right.
Hank Alberts, continued his comments in opposition to imposing curfews.
Kim Jeanes, 6280 San Anselmo Road, stated she supports the nighttime curfew as it is for the
safety of the children, however, she would like to see the curfew time a little later in the evening.
Josh Donovan, 6280 San Anselmo Road, said he supports the nighttime curfew. He feels that
there is a point at night when young people just don't need to be out.
Mayor Arrambide closed the Public Comment period.
Council Member Luna asked for clarification on the reason for this amendment to the existing
ordinance. •
Police Chief Dennis Hegwood explained that the proposed amendment brings our ordinance up
to the most recent Supreme Court rulings.
Council Member Johnson asked for clarification concerning the public's comment about this
proposed ordinance violating the Constitution.
Assistant City Attorney Flieshman explained that there is a line of case law that grants authority
to cities in carrying out their police power to enact ordinances such as curfew ordinances.
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to introduce, for first reading by title only, the draft
Ordinance amending Chapters 5-6 of the Municipal Code pertaining
to nighttime curfew of minors.
Motion passed 5:0 by a roll-call vote.
Mayor Arrambide announced a recess at 8:36 p.m.
Mayor Arrambide called the meeting back to order at 8:47p.m.
•
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2. Daytime Curfew—Proposed Ordinance
■ Fiscal Impact: None
■ Staff recommendation: Council introduce, for first reading by title only, the draft
• Ordinance adding Chapter 5-6.05 through 5-6.08 of the Atascadero Municipal Code
pertaining to daytime curfew of minors. [Police]
Police Lt. John Couch gave the staff report and answered questions of Council. He also
suggested adding the language as in the nighttime curfew ordinance pertaining to the first
Constitutional Amendment.
Police Chief Hegwood clarified some of the issues raised regarding this ordinance. This
proposal gives back power, locally, to the School Attendance Review Board. It does not require
sending out letters or maintaining a list of violations, instead it cites the offender directly to the
School Attendance Review Board, which is currently made up of local participants. Once before
the Review Board, there is an attendance improvement plan presented to the student and the
parent. If the student fails to comply with this plan then the School Attendance Review Board
immediately has the power to send that citation forward to a traffic commissioner who can then
take stronger actions. This ordinance will not impact most students who regularly attend school,
but is rather a proactive measure to address truancy.
PUBLIC COMMENT
Jim Stecher, Superintendent of Schools for Atascadero, stated the School District supports this
daytime curfew. This proposal will streamline the process and will require parents to get
involved and take responsibility. This proposal will also allow the City to monitor minors from
other cities that are on the streets of Atascadero during school hours. He explained that he sees
this as a truancy prevention program, not a curfew. Mr. Stecher also answered questions of
Council.
Mayor Arrambide summarized the major points of the revised ordinance: 1. No new authority is
given to the Police Department regarding contact; and, 2. The point of the ordinance is to bring
an early resolution to a behavior pattern that is not in the best interest of students and their
education experience.
Tom Comar, 5523 Cascabel Road, stated he is opposed to this proposed ordinance. He explained
that he feels the schools and parents should handle truancy problems.
Ann Ketcherside, said she is opposed to a daytime curfew for children.
Josh Donovan, Atascadero High School Leadership Class, originally came to tonight's meeting
to speak for the Leadership Class who were in opposition to the ordinance, however, after
hearing the explanation of the proposed ordinance he has changed his mind and will speak only
for himself. He feels that most students know when they should be in school and for that reason
this ordinance would not affect them. It would affect those who knowingly are truant from
school and for this reason he does not oppose the ordinance.
Tammy Patchin, School Board Member of the Atascadero Unified School District (AVSD),
spoke as a parent and a citizen of Atascadero. She stated she supports this proposed ordinance.
•
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George Dodge, Atascadero Community Link, 5901 East Mall, stated he supports a daytime
curfew. He feels young people need boundaries to guide them in making wise choices.
Diana Bistane, 8360 San Clemente, expressed her support of this truancy ordinance. She feels .
this proposal will help all aspects of the community to work together to get kids the help they
need.
Travis Miller, 4050 Del Rio Road, explained to the Council an encounter he recently had with a
police officer who stopped him while he was walking home from school. He feels this ordinance
would lead to more student problems than it would solve.
Christine Golvay, 8600 Santa Lucia, stated that she feels this is a band-aid on a bigger problem.
She explained that in her opinion, the City and School District must establish programs that will
solve this problem.
Eric Greening, 6600 Lewis Ave., expressed his opposition of this proposed ordinance. He feels
the community must give young people an accepting message rather than a negative one.
Joseph Cerecedes, 8970 Ortega Road, stated he is opposed to a daytime curfew. He gets out of
school early several days a week, and would not like to be stopped by a law enforcement officer
on his way home.
Angel Wilson, Atascadero, said he is strongly opposed to a daytime curfew. He feels it is not
right to put fear into kids to force them to do the right thing.
Eliott Chinn, 3175 Colima, stated a daytime curfew would not encourage school attendance, but
rather discourage some students from attending.
Rachel Fonzi, 7880 Sinaloa, expressed her opposition of a daytime curfew. She feels students
who are home schooled or attend schools other than Atascadero High School, should be allowed
to walk the streets freely when not attending school.
Cory Olivera, 8160 Marchant, stated he was habitually truant when he was in high school. He
said that he doesn't think a daytime curfew will solve the problem.
Lana Adams, said she was very impressed with the youth who have spoken on this issue. She
encouraged them to attend the Youth Task Force meetings and participate in the process. She
stated she supports the proposed ordinance.
Rick Matthews, 6950 Navarette Avenue, stated he is skeptical with any ordinance that can result
in an abuse of power. But, he feels the professional behavior of the City employees who would
be involved with this process, will make this a positive supplement to the schools. He feels
young people need support from family, neighbors, and a caring school climate.
Hank Alberts, ACLU, discussed what he felt was the disturbing trend of the last few years of
getting tough on crime, particularly juvenile crime. He feels young people need help and
counseling, and should not be subject to the same consequences for their behavior as adults.
•
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Roberta Fonzi, 7880 Sinaloa, stated she came to the meeting tonight to speak against the
proposed ordinance, however after listening to the presentation she can see some positive aspects
and asked for clarification on the consequences for students who are in violation of the curfew.
Joe Cerecedes, 8970 Ortega Road said that teenagers need to go through a rebellious stage to
achieve maturity. He explained that this daytime ordinance restricts that process. He also
suggested that students should participate in the solution of this problem.
Linda Hall, expressed her opposition to the proposed ordinance and congratulated the young
people who spoke to the Council tonight.
Eric Greening, 6600 Lewis Ave., stated that average daily attendance is one of the determining
factors for school funding, however, he feels that forcing young people to make money for their
school districts violates the 14th Amendment.
Angel Wilson, stated that he would be willing to work with authorities to help solve the truancy
problem, and he feels other students would also.
Elliot Chinn, asked if this curfew doesn't reduce the truancy rate, what other course of action can
be taken.
Joe Cerecedes, stated that even if a police officer just questions a student not in school, it can be
embarrassing. He urged the Council to deny the ordinance.
Joan O'Keefe, 9985 Old Morro Road East, urged the Council, in a prepared statement read into
the record by City Clerk Marcia McClure Torgerson, to postpone their decision on this issue
until more data is forthcoming and public meetings are held. (Attachment#C)
Mayor Arrambide closed the Public Comment period.
Mayor Arrambide stated that he was hearing some themes throughout tonight's meeting that
were unsettling to him; issues such as students not attending school for a variety of reasons such
as the round peg in a square hole, suicide, etc. He agrees with many of the students that there are
some deep underlying issues and the truancy issue is just the tip of the iceberg. He feels that
even if the Council's action is appropriate, it would be much more sound if it were part of a
fabric of community involvement and interrelationship with the school.
Council Member Luna, in response to a question from the public, stated that the difference
between the daytime and nighttime ordinance was that the daytime ordinance was an infraction
and not a misdemeanor, and the stipulation was that minors shall be dealt with in accordance
with juvenile court law and procedures.
Council Member Johnson stated that the process troubles him. Truancy is a major issue that
needs to be reviewed by the School Board; the City Council is not in charge of truancy. He
appreciates the School District's support, and feels the curfew may be a valuable tool, but feels
they may be going at this issue backwards. He feels valid points have been made on both sides
of the argument.
is
Council Member Clay complimented the students who addressed the Council. Though he
supports the School District and the Police Department, he feels there is something wrong with
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this approach. Council Member Clay reminded those present that the City is working very hard
to get a youth center. He feels students have a better chance of being successful if they are part
of something. If the ordinance passes tonight he would like to see it brought back in six or nine
months with facts and figures to see if it is doing any good, and if not, another approach can be •
tried. However, he feels at this time he can't support this ordinance.
Mayor Pro Tem Scalise stated that nothing is more important to her as a member of the Council
than the youth of the community. She is a strong proponent of early intervention and parent
involvement from the start. She feels that there are good programs in place but it is important to
match the student who is having problems to the appropriate program as quickly as possible.
She agrees with Council Member Johnson that she would have a higher comfort level with this
ordinance if they had utilized the committees and the community better. The statistics show that
Atascadero does have a problem with truancy, and she sees this proposed ordinance as one more
external asset that will enhance the community's ability to serve these students and to meet their
needs.
Council Member Luna thanked all of the speakers, and stated that he agrees with those who
oppose the ordinance. He feels that before one can expect respect from others one must be able
to give it, and this ordinance sends the message that we are disrespectful of youth in general as
there is no differentiation between those that are guilty of truancy and those who are not. He
stated that one of the problems with the ordinance is that it makes the minor under the age of 18
the guilty party when the problem may be with the parents or the schools.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to refer to this issue to the City/Schools Committee in a package of the
whole subject of truancy.
Motion passed 5:0 by a roll-call vote.
MayorArrambide announced a recess at 10:45 p.m.
Mayor Arrambide called the meeting back to order at 10:55 p.m.
3. Resolution of Intention - for an Amendment to the Contract between the City of
Atascadero and the Board of Administration of the California Public Employees'
Retirement System (CaIPERS)
■ Fiscal Impact: None
■ Staff recommendation: Council:
L Adopt the draft Resolution, a Resolution of Intention to Amend the contract
between the City Council of the City of Atascadero and the Board of
Administration of the California Public Employees'Retirement System.
2. Introduce the draft Ordinance, on first reading by title only, authorizing the
Mayor to execute an agreement to the contract between the City Council of
the City of Atascadero and the Board of Administration of the California
Retirement System. [City Manager]
Assistant City Manager Brady Cherry gave the staff report and answered questions of Council.
PUBLIC COMMENT: None •
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MOTION: By Council Member Johnson and Seconded by Council Member Luna
to adopt the draft Resolution, a Resolution of Intention to Amend the
contract between the City Council of the City of Atascadero and the
Board of Administration of the California Public Employees'
Retirement System.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-013)
MOTION: By Council Member Johnson and seconded by Council Member Luna
to introduce the draft Ordinance, on first reading by title only,
authorizing the Mayor to execute an agreement to the contract
between the City Council of the City of Atascadero and the Board of
Administration of the California Retirement System.
Motion passed 5:0 by a roll-call vote.
A. CONSENT CALENDAR: Roll Call
1. City Council Strategic Planning Workshop Minutes—April 6 & 7, 2001
■ City Clerk recommendation: Council approve the City Council Strategic Planning
Workshop minutes of April 6& 7, 2001. [City Clerk]
2. City Council Minutes—April 10, 2001
■ City Clerk recommendation: Council approve the City Council minutes of April 10,
2001. [City Clerk]
3. Accounts Payable and Payroll—January 2001
■ Fiscallmpact: $1,048,437.68
■ Staff recommendation: Council approve accounts payable and payroll for January
2001. [Administrative Services]
4. Accounts Payable and Payroll—February 2001
■ Fiscallmpact: $896,377.70
■ Staff recommendation: Council approve accounts payable and payroll for February
2001. [Administrative Services]
5. Accounts Payable and Payroll—March 2001
■ Fiscal Impact: S1,128,098.72
■ Staff recommendation: Council approve accounts payable and payroll for March
2001. [Administrative Services]
6. Eagle Creek Golf Course—Zone Change 2000-0009 (13000 Atascadero / Gearhart)
■ Fiscal Impact: The project would likely have a slight negative impact on City
revenues. As a general rule, single-family dwellings require services that exceed the
revenue generated by the dwelling.
■ Staff recommendation: Council adopt, on second reading by title only, the draft
Ordinance approving Zone Change 2000-0009. [Community Development]
•
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7. Acceptance of Final Parcel Map 2000-0010 / AT 00-253 — (2800 Ardilla Road —
Shores/Wilson Land Surveys)
■ Fiscal Impact: None
■ Staff recommendation: Council:
1. Accept Final Parcel Map 2000-0010/AT 00-253; and
2. Reject, without prejudice, the public utility easement (P.U.E.) shown on
Final Parcel Map 20000-0010. [Community Development]
8. Cardiac Heart Monitor—Authorization to purchase
■ Fiscal Impact: None
■ Staff recommendation: Council authorize the purchase of one cardiac heart monitor
from Zoll Medical Corp. [Fire]
9. Weed Abatement Program
■ Fiscal Impact: None. Costs are recovered through the 100% administrative fee.
■ Staff recommendation: Council adopt the draft Resolution, declaring vegetative
growth and/or refuse a public nuisance, commencing proceedings for the abatement
of said nuisances, and placing all abatement fees on the San Luis Obispo County
Special Tax Assessment for the fiscal year 2001-2002 Tax Roll. [Fire]
10. Council Strategic Planning — Recommended Council Norms and Strategic Action Plans
for 2001-02
■ Fiscallmpact: None
■ Staff recommendation: Council receive and file Recommended Council Norms and
Strategic Action Plans 2001-02. [City Manager]
11. Paloma Creek Park—Food Concessions Agreement •
■ Fiscal Impact: The City will receive approximately S1,500 - S2,000 per year as
rental income from this agreement.
■ Staff recommendation: Council authorize the Mayor to enter into a two-year
agreement with Julie Conn for the Food Concessions Operation at Paloma Creek
Park. [Community Services]
Mayor Arrambide announced that Item#A-11 has been pulled from the Consent Calendar.
Council Member Luna pulled Items #A-6 and #A-7.
MOTION: By Council Member Luna and seconded by Council Member Johnson
to approve Items 9A-1, 2, 3, 4, 5, 8, 9 and 10. on the Consent
Calendar.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Luna and seconded by Council Member Johnson
to have the meeting go past 11:00 p.m.
Motion passed 5:0 by a voice vote.
•
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ITEM #A-6: Council Member Luna stated he pulled #A-6 so that he could vote no.
MOTION: By Council Member Johnson and seconded by Mayor Pro-Tem
Scalise to approve Item 4A-6 on the Consent Calendar.
Motion passed 4:1 by a roll-call vote. (Council Member Luna opposed)
ITEM 4A-7: Council Member Luna asked for clarification on this issue.
MOTION: By Council Member Luna and seconded by Council Member Clay to
approve Item #A-7 on the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Atascadero Waste Alternatives—Rate Increase
■ Fiscal Impact: Consistent with the Franchise Agreement, the City received a fee of
5%. The total of this franchise fee would increase consistent with the percentage
increases of the fees.
■ Staff recommendation: Council receive information on annual CPI adjustment and
timeline for trial automated service from Atascadero Waste Alternatives. [Public
Works]
Public Works Director Steve Kahn gave the staff report and answered questions of Council.
Council received and filed the information on annual CPI adjustment and timeline for trial
automated service from Atascadero Waste Alternatives.
2. National Fire Protection Association (NFPA) Standards 1710 & 1720 — Proposed
Resolution of opposition
■ Fiscal Impact: None. Ifproposed guidelines are adopted, they would have an impact
exceeding SI,1]S,000.00.
■ Staff recommendation: Council adopt draft Resolution opposing proposed NFPA
Standards 1710 & 1720. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council.
PUBLIC COMMENT None
MOTION: By Council Member Luna and seconded by Council Member Clay to
adopt the draft Resolution opposing proposed NFPA Standards 1710
& 1720.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-014)
3. Information Bulletin
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E. COMMITTEE REPORTS:
Mayor Arrambide
1. S.L.O. Council of Governments(SLOCOG)/S.L.O.: SLOCOG is considering moving out •
of their building and becoming their own landlord.
Council Member Clay
1. Air Pollution Control District (APCD): Attended a meeting regarding smoke and
agricultural/control burns. There are 2 million acres in the county of which 1 million
acres are agricultural. Approximately 11,000 of these agricultural acres are burned each
year.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Johnson stated he has been asked about the City's purchases of vehicles. He
asked staff to clarify the issue. City Manager Wade McKinney explained from 1996 — 2001 the
City purchased 16 vehicles, 4 from Atascadero Ford, 2 from Ted Miles and all others were
purchased out of town. Also, the City has purchased 1 Police car, 2 Community Development
Ford Rangers and 1 wastewater truck from Atascadero Ford.
Mayor Arrambide asked about service at Atascadero Ford. City Manager Wade McKinney
stated that Dial-A-Ride uses Atascadero Ford primarily due to warranty issues. The City has
moved some of the service around, especially the Police Department. There are volunteers who
assist with the Police Department vehicle maintenance. Fire Department employees mostly do
Fire Department vehicle maintenance. •
Police Chief Hegwood reported the purchase of a Ford Taurus from Atascadero Ford after sealed
bids were submitted to the Office of City Clerk; sealed bids were received October 31. City
Council approved the purchase November 28. An agreement was entered into with the sales
manager that the vehicle would only be purchased if it were approved by City Council.
Mayor Arrambide requested that Council set a date to meet with the Zoo Board regarding the
Master Plan. The City Clerk will arrange a date and report to Council.
G. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 11:21 p.m. to the next regularly scheduled meeting
on May 8, 2001, at 7:00 p.m.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
ATTACHMENTS: Attachment A—Prepared Statement by Eric Greening
Attachment B—Prepared Statement by Doug Lewis
Attachment C—Prepared Statement by Joan O'Keefe •
CC 04/24/01
Page 12 010
Attachment: A
Atascadero City Council
April 24 , 2001
Comments of Eric Greening on Item C-3 (Consent), 4/24/ O 1 :
I .
am glad to see steelhead studies moving forward, but the
staff report raises several questions. In the first paragraph under
"Discussion," it says: "The City is currently pursuing three
additional water supply projects to meet the projected needs of the
adopted General Plan." That makes it sound as if all three would
be needed, which would represent a departure from the current
policy that if the Nacimiento Project goes through, the Salinas
Dam enlargement would be dropped. Please clarify.
A similar clarification is needed on page 3 where it says, "If
the reservoir is not expanded [in 10 years] to the full permitted
storage capacity, the City may lose a portion of our total storage
rights." Would the city do this project simply to maintain these
rights, even if the Nacimiento Project went through?
On page 2, there is a list of added studies and a list of
deferred studies. The financial discussion is unclear to me. Is the
funding not used now being reserved for the deferred studies, or is
• money not now needed being returned to the general fund, to be
sought again later?
To truly show responsibility for your actions regarding
steelhead, you should be studying the populations in Trout, Santa
Margarita, and Atascadero Creeks, and if populations are present,
you should be ascertaining and committing to provide sufficient
periodic flows for spawning runs to maintain these populations,
and, ideally, to promote their meaningful recovery.
Thank you.
Oil
Attachment: B
Atascadero City Council
SYSTEM DESIGN
TECHNICAL WRITING April 24, 2001 TELEPHONE (805)466-2015
INFORMATION MANAGEMENT
PRODUCT DEVELOPMENT
APPLIED CREATIVITY April 24, 200
Douglas R. Lewis
POST OFFICE BOX 1017
ATASCADERO. CALIFORNIA 93423
Atascadero City Council Written Testimony
CHAMBERS at Public Hearing
Your Honor;
Members of the Council:
I am Doug Lewis, citizen-at-large.
This five-minute window of access here provides little time
for background color in-fill or anecdotal examples . . .war stories
from the public trenches . I mean no disrespect to you; nor do I
intend to invite disrespect from you, but the necessity here for
brevity makes meaningful speech more resemble a blunt instrument.
Sadly; I perceive that public in-put has increasingly little
influence on what the Council chooses to do. In all honesty: I do
not speak out of any hope that my words will influence you. I say
these words because I would be untrue to my own conscience and my
Country if I remain silent on this matter. When the opportunity •
and the right to speak out against any assault on the protections
of that Constitution we say we revere become elusive or inaccess-
ible, the risk of its total loss should be unacceptable.
I have lived in this town for most of my life; having come
here as a young man. . .conscious then of a time now past when the
Powers-That-Be commonly ordained that the Police could stop and
search any juvenile (among other nominal under-classes of humans )
they chose for any reason, at any time, without recourse or re-
quirement for declaration of probable cause, and absolute immun-
ity against complaint for any Officer. The Members of the Council
may never have experienced any regimen of the daily injunction of
such indignities but I have.
It isn' t clear to me what this City is up to, in seeking the
naked suspension of a vital Constitutional right under some full
bore curfew upon the children of this City. I walk the streets of
this City as much as anyone here, and I am puzzled at the implied
need to raise and legalize any such lasting barrier of resentment
between the children of the City and the law-makers of the City
by empowering the law-enforcement arm of the City to consider any
and every child automatically suspect and on-probation for being
alive and duly defined as a member of that visible under-class . I
for one have no admiration for the fascist model of social force.
I have grave concern on this issue: not out of any idealism, •
but out of raw experience. When does the umbrella of the Bill of
Rights -- Constitutional immunity to Police search of any person
without concern for probable cause or due process -- open over a
012
Council/Lewis What Bill of Rights? 04-24-01
person if all of childhood is exempt from those guarantees? When
does that right kick-in? Surely; spending the entirety of one ' s
• youth essentially deprived of Constitutional protections cannot
offer much practical experience or any basis for sincere respect,
if those so-called rights seem only to apply to somebody else,
some privileged citizen-class to which you don' t belong.
Surely you know that! I cannot guess whether anything I say
here will deter you from diluting the Constitutional guarantees
those affected youngsters have been studying about in the public
schools . . .but would be denied rights to on the public streets .
You may not recognize or admire the sincerity with which I
recite these memories from a boyhood when the Police could stop
any child at their leisure, interrogate the child indifferently
until they got bored, then command the child to leave -- run --
or risk being arrested for disobeying an Officer. I can still
hear them laughing.
I can tell you that virtually nothing you can say to me here
will erase those demeaning boyhood memories of just such an
unbridled Police presence that was ( then) more menace than
assurance, with its mandate of legalized interrogation and search
of any child without concern for probable cause. . .or the very
real perception of intimidation without relief -- Constitutional
restraints notwithstanding.
• I regret the resounding similarity of this proposed exercise
in legalizing an under-class of citizen having reduced rights un-
der a Constitution that promises full rights -- set at contrast
to other historied occasions -- and consequences -- of similar
exercises . I would not -- do not -- wish for Atascadero to become
known for introducing a new version of apartheid for the Supreme
Court to have to settle in the glare of World attention.
Please know: I distrust whatever any such empowering ordin-
ances say. Children are too often encouraged -- required -- to
obey but not to know the mysterious ways of the Law. Just revere
the Constitution, . salute the flag, and recite the pledge; but
don' t ask why before the Officer encountered searches you because
the Officer doesn' t have to tell you. The City Council say so! ?
You know my presumption that my fears may fall on deaf ears .
But I would remind you of this Nation' s current realization that
bullying is often an incessant indignity endured without relief
over a childhood of resentment without relief to the point of ex-
plosive rebellion by many school-agers. Don' t require Atascadero
Police Officers to become memorable accessories as legally-empow-
ered bullies leaving muddy boot-prints on some child' s -- or any-
one ' s -- Constitutional rights. Some, or all, of you should know
better. The oath of Office each of you took said that you do!
• Respectfully,
2 Doug as R. Lewid
Attachment: C
Atascadero City Council
April 24, 2001
Joan O'Keefe •
9985 Old Morro Rd E
4-24-01
To the City Council;
I was shocked to hear that a daytime curfew was on the Council Agenda. I read our
newspapers and I am probably more informed than the average person. If the problem is
so bad why wasn't the public told? As presented in the staff report I am opposed to the
ordinance.
I find the report flawed with regard to the statistics. Most of the facts cited in the report
are discreet pieces of information. A few examples.
The report says that the rate of status offense arrests in the U.S. increased 39.211% since
1994. This is a nation wide statistic. It does not tell us what is happening in Atascadero.
Between 9-99 & 6-00 195 local juvenile offenses occurred between the hours of 8:00
& 2:30. You provide no data for prior years to show that the numbers have significantly
increased in proportion to increases in population.
The report says that in March 2001 200 students were cited for truancy. Is this the
average for the year? Is this a significant increase from last year? How does this
compare with other schools in the county?
How many of these incidents included repeat offenders? Offenders, not incidents
should be part of the report.
A Cit Council meeting does not allow for interactive dialogue and problem solving b •
Y � � p � Y
the public. I would urge you to hold some public meetings. This should have been done
before this was brought to the Council in the form of an ordinance. Provide an in depth
written report, made available to the public prior to the meeting and than let citizens
dialogue with the professionals who have made this recommendation. Before adopting
such a draconian ordinance we should make every effort to see if there are not alternative
solutions.
This approach does not.sound like community policing. It doesn't sound like regular
policing. It sounds like a military policing where you have to produce documentation to
prove you have a right to be on the street.
I urge the Council to postpone a decision and to request more data to justify the need and
to hold some public meetings.
014
ITEM NUMBER: A—2
min I mi DATE" 05/08/2001
iais ® i e
Atascadero City Council
Staff Report—Police Department
Nighttime Curfew— Proposed Ordinance
RECOMMENDATION:
Council adopt, on second reading by title only, the draft Ordinance amending Chapter 5-6 of the
Municipal Code pertaining to Nighttime Curfew.
DISCUSSION:
This item was presented to the City Council on April 24, 2001. This amendment addresses
constitutional rulings by adding an additional defense to prosecution if the minor's activity is
• sanctioned by a parent, guardian or responsible adult.
FISCAL IMPACT:
None. All funds for the conduct of the Police Department in enforcing the nighttime curfew
ordinance are currently provided for in the general fund and the budget of the City.
ALTERNATIVES:
The ordinance must be amended to avoid legal challenge.
ATTACHMENTS:
Attachment A. Draft Ordinance
•
015-
DRAFT ORDINANCE
•
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
AMENDING CHAPTER 5-6 OF THE MUNICIPAL CODE PERTAINING TO
NIGHTTIME CURFEW
WHEREAS, the City Council finds that a juvenile curfew ordinance is necessary
and desirable because the protection of minors warrants a higher degree of governmental
regulation. This higher degree of regulation is premised upon the peculiar vulnerability
of children and minors' inability to make critical decisions in an informed and mature
manner. The City recognizes a compelling interest in preserving the safety of the
community generally and providing a higher degree of protection for its minors
specifically during nighttime hours; and
WHEREAS, the City Council has received evidence from the Police Department
showing that in Atascadero there exists a problem in which children under the age of 18
years, when present in public places between the hours of 11:00 p.m. and 5:00 a.m.,
sometimes become involved in or become the victims of unsafe or illegal activities such
as assaults and batteries, vandalism, drug and alcohol use, theft offenses, disturbing the
peace and vehicular violations; and
WHEREAS, the evidence indicates that from January 1, 2000 through December
31, 2000, juveniles were involved as offenders or victims of 107 of the offenses listed .
above during the hours between 11:00 p.m. and 5:00 a.m., even though relatively few
juveniles are in public places during these hours; and
WHEREAS, based on this evidence, the City Council finds that unsupervised
children under the age of 18 years who remain in public streets, highways, common areas
of schools, hospitals, apartment houses, office buildings, transport facilities and shops or
any other place open to the public during the hours 11:00 p.m. to 5:00 a.m. are
particularly vulnerable to becoming involved in unsafe or illegal activities, and to
becoming the victims of juvenile and adult perpetrators of crime; and
WHEREAS, the City Council is mindful of the importance of parental control in
child rearing, and finds that adoption of a curfew ordinance for minors during the hours
of 11:00 p.m. and 5:00 a.m. would, with exceptions that allow parents and guardians to
direct activities of their children during these hours, compliment this role.
NOW,THEREFORE, the City Council of the City of Atascadero does ordain
that Chapter 5-6 of the Atascadero Municipal Code amended to read as follows:
•
016
NIGHTTIME CURFEW ORDINANCE
• PAGE 2
SECTION 1. NIGHTTIME CURFEW
5-6.01 Definitions.
A. The following definitions are applicable to this ordinance:
1. Curfew hours means the period from 11:00 p.m. any night until 5:00 a.m. the
following morning.
2. Emergency means unforeseen circumstances or a situation that calls for
immediate action. The term includes, but is not limited to, an automobile
accident, fire or explosion, natural disaster or any condition requiring
immediate action to prevent bodily injury or loss of life.
3. Establishment means any privately owned place of business operated for
profit to which the public is invited including,but not limited to, any place of
amusement or entertainment.
4. Guardian means (a) a person who, under court order, is the guardian of the
minor; or (b) a public or private agency with whom a minor has been placed
• by a court.
5. Minor means any person under eighteen(18) years of age.
6. Operator means any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment.
7. Parent means a person who is a natural parent, adoptive parent or stepparent
of a minor.
8. Responsible adult means a person at least eighteen (18) years of age and
authorized by a parent or guardian to have the care and custody of a minor.
9. Public place means any place the public or a substantial group of the public
has access and includes, but is not limited to, streets, highways, common areas
of schools, hospitals, apartment houses, office buildings, transport facilities
and shops.
10. Remain means to (a) linger, stay or be present; or (b) fail to leave the premises
when requested to do so by a peace officer, the owner, operator or other
person in control of the premises.
•
017
NIGHTTIME CURFEW ORDINANCE
PAGE 3 •
5-6.02 Offenses
A. It is unlawful for:
1. Any minor to remain in any public place or on the premises of any
establishment within the City during curfew hours; or
2. Any parent or guardian of a minor, by insufficient control, allow the minor to
remain in any public place or on the premises of any establishment within the
City during curfew hours: or
3. Any owner, operator or employee of an establishment to knowingly permit a
minor to remain in or upon the premises of an establishment during curfew
hours.
5-6.03 Defenses
A. It is a defense to prosecution of the above offenses that the minor was:
1. accompanied by the minor's parent or guardian or by a responsible adult;
2. engaged in activity sanctioned by the minors' parent or guardian or
responsible adult or on an errand at the direction of the minor's parent or
guardian or responsible adult, without detour or delay;
3. in a motor vehicle involved in intrastate or interstate travel;
4. engaged in employment, or going to or returning home from employment,
without detour or delay;
5. involved in an emergency;
6. on the sidewalk adjacent to the minor's residence, providing the minor is not
otherwise violating the law;
7. attending an official school, religious or other adult supervised recreational
activity sponsored by the city, a civic organization or other similar entity that
takes responsibility for the safety of the minor, or going to or returning home
from such an activity, without detour or delay;
•
018
NIGHTTIME CURFEW ORDINANCE
PAGE 4
8. exercising First Amendment rights protected by the United States Constitution,
such as the free exercise of religion, freedom of speech and the right of
assembly;
9. emancipated pursuant to law.
B. It is a defense to prosecution under the offense in Section 5-6.02.A.3 that the
owner, operator or employee of an establishment promptly notified the police
department that a minor was present on the premises of the establishment during
curfew hours and refused to leave.
5-6.04 Penalties
Any person who violates a provision of this chapter is guilty of a separate offense
for each day or part of a day during which the violation is committed, continued
or permitted. Any person who violates the offenses described in this chapter shall
be guilty of a misdemeanor. Minors shall be dealt with in accordance with
juvenile court law and procedure.
SECTION 2. If any section, subsection, sentence, clause, phrase or portion of the
• Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of the Ordinance. The City Council of the City of Atascadero hereby
declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more
sections, subsection, sentence, clause, phrase or portion may be declared invalid or
unconstitutional
SECTION 3. Effective Date
A summary of the ordinance, approved by the City Attorney, shall be published at least
five days prior to its final passage in the Atascadero News, a newspaper published and
circulated in Atascadero. A summary of the ordinance, approved by the City Attorney,
together with ayes and noes, shall be published before the expiration of fifteen (15) days
after its final passage in the Atascadero News, a newspaper published and circulated in
Atascadero. A copy of the full text of this ordinance shall be on file in the city Clerk's
office on and after the date following introduction and passage and shall be available to
any interested member of the public. This ordinance shall take affect and be in full force
and affect thirty (30) days after its final passage.
•
NIGHTTIME CURFEW ORDINANCE
PAGE 5 •
INTRODUCED at a regular meeting of the City Council held this 8th day of May,
2001 and PASSED AND ADOPTED by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Attest:
Marcia McClure Torgerson, City Clerk J. Michael Arrambide, Mayor
Approved as to form:
Roy A. Hanley, City Attorney
•
020
ITEM NUMBER: A-3
DATE: 05/08/2001
. —79
• isis a is�s
Atascadero City Council
Staff Report - Public Works Department
Sewer Extension Reimbursement Agreement
E1 Camino Real
RECOMMENDATION:
Council authorize the Mayor to execute an agreement with Jerry Levitz.
DISCUSSION:
In conjunction with the development of his property, Mr. Levitz extended the public sewer along
a section of El Camino Real. In doing so, Mr. Levitz provided public sewer access to other
• properties along El Camino Real
Government Code allows Mr. Levitz to apply for reimbursement from future connections to this
extension. Reimbursement is collected from any properties connected to the sewer extension
within 15 years from the date of the agreement.
FISCAL IMPACT:
The City will collect a 2% Administrative Charge from all reimbursements. This charge will be
deducted from the total amount refunded to Mr.Levitz.
ATTACHMENTS:
Sewer Extension Reimbursement Agreement
•
021
PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF ATASCADERO •
AND
JERRY LEVITZ
FOR CONSTRUCTION OF THE
EL CAMINO REAL SEWER IMPROVEMENTS
THIS AGREEMENT is made this day of , 2001, in San Luis
Obispo County, California, by and between the City of Atascadero, California,
hereinafter referred to as "City", and Jerry Levitz, hereinafter referred to as "Applicant"
with reference to the following recitals.
A. Applicant has developed certain property within the boundaries of the
City, commonly referred to as a portion of El Camino Real; and
B. In order to develop The Property, Applicant opted to construct a public
sewer extension along El Camino Real to serve The Property. Said
service extension is described as follows: Approximately 615 feet of 8
inch gravity sewer beginning at Lift Station No. 10 and extending 615 feet
north on El Camino Real.
C. The public sewer extension will serve the area shown in Exhibit A, as
provided in the rules and regulations of the City.
D. The Applicant's cost descriptions in construction of the public sewer •
extension are described as follows:
Description Total
Bonding $ 338.52
Fees and Permits 997.36
Engineering and Testing 2,740.00
Construction 15,840.00
Applicant Benefit Share -6,638,63
TOTAL REIMBURSEMENT $13,277.25
REIMBURSEMENT PER
BENEFITING PARCEL (2) $6,638.63
E. Applicant has agreed to dedicate, or has dedicated the public sewer
extension to the City.
•
022
• F. The City will reimburse Applicant for part of Applicant's costs in
constructing the public sewer extension from adjacent landowners as
herein provided. The total reimbursement to the Applicant shall not
exceed $13,011.71 which represents total project expenses less
Administrative Fee.
NOW, THEREFORE, in consideration of the mutual conveyance contained
herein, applicant and City Agree as follows:
1. Term
The term of this agreement shall be for 15 years from the date it is
approved by the City Council of City.
2. Rate of Reimbursement
During the term of this Agreement, the City will reimburse Applicant for
his costs in constructing the public sewer extension from adjacent
landowners pursuant to the methodology described in Exhibit B. The City
will collect said amount from each adjacent landowner before permitting
said owner to connect to the public sewer extension.
. 3. Administrative Costs
Two percent (2%) of all monies collected pursuant to this agreement shall
accrue to the City as administrative fees.
4. Conditions of Reimbursement
City's obligation to reimburse Applicant is conditioned on the following:
4.1 Applicant providing City with an engineer's certification that
extensions are constructed in substantial conformance with the
plans and standard improvement drawings submitted to the City.
4.2 The sewer line extension has been inspected and approved by City.
4.3 Applicable easements have been offered and accepted by the City.
4.4 Applicant providing the City with a detailed accounting,
satisfactory to the City of the amounts expended for the
construction and installation of the public sewer extension.
023
4.5 Applicant has provided the City with a maintenance bond, letter of •
credit or other financial security satisfactory to the City in a'sum
equal to ten percent (10%) of the cost of constructing the public
service extension, or such agreement satisfactory to the City
whereby the Contractor and/or it's surety will repair or replace to
the satisfaction of the City, any and all such work that may prove
defective in workmanship or materials for a one year period,
ordinary wear and tear excepted, together with any other work
which may be damaged or displaced in so doing.
5. Obligation of City
If, for any reason, the reimbursement fee is or becomes legally
uncollectable, the.City shall not be responsible in any way for collecting
the reimbursement fee and/or reimbursing the Applicant for the costs of
the public sewer extension. Reimbursement shall be made only when the
City collects money from the owners of properties whose buildings are to
be connected to the public sewer along Chauplin Avenue notwithstanding
any provision of any law, this code, or the Reimbursement Agreement.
6. Place of Payment
The City shall make payment to Applicant at: •
Jerry Levitz
311 Lancaster
Cambria, CA 93420
7. Successors and Heirs
This Agreement shall be binding on and shall ensure to the benefit of the
heirs, executors, administrators, successors, and assigns of the parties
hereto.
8. Severability
Shall any provision of this Agreement be held by a court of competent
jurisdiction to be either invalid, void, or unenforceable, the remaining
provisions of. this Agreement shall remain in full force and effect
unimpaired by the court ruling.
024
9. Captions
The captions of the Sections of the Agreement are for convenience'and
reference only. They shall not be construed to define or limit the
provisions to which they relate.
10. Indemnity
Applicant agrees to save, indemnify and hold harmless, the City of
Atascadero, its officers, employees and agents, from all liabilities,
judgements, costs and expenses, due to any and all activities related to the
implementation of the rights and privileges granted in this agreement,
except for liabilities, judgements, costs and expenses due to the City's
negligence.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
effective as of the day approved by the City Council of the City of Atascadero.
AGREED.
Date:
L-SGA./
�r-,iJT�,eqry J
Approved by the Council of the City of Atascadero on this day of
2001.
City of Atascadero
By:
J. Michael Arrambide
Attest:
By:
Marcia M. Torgerson, City Clerk
Approved as to Form:
By:
• Roy A. Hanley, City Attorney
025
EXHIBIT A
0-7
n
z
O
R1
6
ITEM NUMBER: A-4
DATE: 05/08/2001
iaia � �9 e
Atascadero City Council
Staff Report - Public Works Department
Sewer Extension Reimbursement Agreement
Santa Lucia Avenue
RECOMMENDATION:
Council authorize the Mayor to execute an agreement with Richard Shannon and Jimmie Shores.
DISCUSSION:
In conjunction with the development of property, Mr. Shannon and Mr. Shores extended the
public sewer along a portion of Santa Lucia Avenue. In doing so, Mr. Shannon and Mr. Shores
provided public sewer access to other properties along Santa Lucia Avenue.
• Government Code allows Mr. Shannon and Mr. Shores to apply for reimbursement from future
connections to this extension. Reimbursement is collected from any properties connected to the
sewer extension within 15 years from the date of the agreement.
FISCAL IMPACT:
The City will collect a 2% Administrative Charge from all reimbursements. This charge will be
deducted from the total amount refunded to Mr. Shannon and Mr. Shores
ATTACHMENTS:
Sewer Extension Reimbursement Agreement
•
027
PUBLIC EXTENSION REDABURSEMENT AGREEMENT BETWEEN
THE CITY OF ATASCADERO •
AND
RICHARD SHANNON AND JIMAHE SHORES
FOR CONSTRUCTION OF THE
SANTA LUCIA ROAD SEWER RAPROVEM ENTS
THIS AGREEMENT is made this day of , 2001, in San Luis
Obispo County, California, by and between the City of Atascadero, California,
hereinafter referred to as"City", and Richard Shannon and Jimmie Shores, hereinafter
referred to as"Applicant"with reference to the following recitals.
A. Applicant has developed certain property within the boundaries of the
City, commonly referred to as a portion of Santa Lucia Road; and
B. In order to develop The Property, Applicant opted to construct a public
sewer extension along Santa Lucia Road to serve The Property. Said
service extension is described as follows: Approximately 770feet of 8
inch gravity sewer main..
C. The public sewer extension will serve the area shown on Exhibit A, as
provided in the rules and regulations of the City.
D. The Applicant's cost descriptions in construction of the public sewer
extension are described as follows: •
Description Total
Fees and Permits $ 3,829.10
Engineering and Surveying 2,479.96
Bond and Attorney Costs 1,394.00
Construction 28,581.60
Applicant Benefit Share -13,606.74
TOTAL REDABURSEMENT $22,677.92
REIMBURSEMENT PER
BENEFITING PARCEL (5) $4,535.58
E. Applicant has agreed to dedicate, or has dedicated the public sewer
extension to the City.
•
028
F. The City will reimburse Applicant for part of Applicant's costs in
constructing the public sewer extension from adjacent landowners as
herein provided. The total reimbursement to the Applicant shall,not
exceed $22,224.36 which represents total project expenses less
Administrative Fee and Applicants share of the benefit
NOW, THEREFORE, in consideration of the mutual conveyance contained
herein, applicant and City Agree as follows:
1. Term
The term of this agreement shall be for 15 years from the date it is
approved by the City Council of City.
2. Rate of Reimbursement
During the term of this Agreement, the City will reimburse Applicant for
his costs in constructing the public sewer extension from adjacent
landowners. The City will collect said amount from each adjacent
landowner before permitting said owner to connect to the public sewer
extension.
3. Administrative Costs
• Two percent(2%)of all monies collected pursuant to this agreement shall
accrue to the City as administrative fees.
4. Conditions of Reimbursement
City's obligation to reimburse Applicant is conditioned on the following:
4.1 Applicant providing City with an engineer's certification that
extensions are constructed in substantial conformance with the
plans and standard improvement drawings submitted to the City.
4.2 The sewer line extension has been inspected and approved by City.
4.3 Applicable easements have been offered and accepted by the City.
4.4 Applicant providing the City with a detailed accounting,
satisfactory to the City of the amounts expended for the
construction and installation of the public sewer extension.
9
4.5 Applicant has provided the City with a maintenance bond, letter of
credit or other financial security satisfactory to the City in a sum
equal to ten percent (10%) of the cost of constructing the pudic
service extension, or such agreement satisfactory to the City
whereby the Contractor and/or it's surety will repair or replace to
the satisfaction of the City, any and all such work that may prove
defective in workmanship or materials for a one year period,
ordinary wear and tear excepted, together with any other work
which may be damaged or displaced in so doing.
5. Obligation of City
If, for any reason, the reimbursement fee is or becomes legally
uncollectable, the City shall not be responsible in any way for collecting
the reimbursement fee and/or reimbursing the Applicant for the costs of
the public sewer extension. Reimbursement shall be made only when the
City collects money from the owners of properties whose buildings are to
be connected to the public sewer along Chauplin Avenue notwithstanding
any provision of any law, this code, or the Reimbursement Agreement.
6. Place of Payment
The City shall make payment to Applicant at:
Richard Shannon and •
Jimmie Shores
6775 El Camino Real
Atascadero, CA 93422
7. Successors and Heirs
This Agreement shall be binding on and shall ensure to the benefit of the
heirs, executors, administrators, successors, and assigns of the parties
hereto.
8. Severability
Shall any provision of this Agreement be held by a court of competent
jurisdiction to be either invalid, void, or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect
unimpaired by the court ruling.
•
030
9. Captions
• The captions of the Sections of the Agreement are for convenience'and
reference only. They shall not be construed to define or limit the
provisions to which they relate.
10. Indemnity
Applicant agrees to save, indemnify and hold harmless, the City of
Atascadero, its officers, employees and agents, from all liabilities,
judgements, costs and expenses, due to any and all activities related to the
implementation of the rights and privileges granted in this agreement,
except for liabilities, judgements, costs and expenses due to the City's
negligence.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
effective as of the day approved by the City Council of the City of Atascadero.
AGREED.
Date:
Richard Shannon
. Dater
Jmmie Shores
Approved by the Council of the City of Atascadero on this day of
72001.
City of Atascadero
By:
J. Michael Arrambide, Mayor
Attest:
By:
Marcia M. Torgerson, City Clerk
Approved as to Form:
By:
Roy A. Hanley, City Attorney
031
EXHIBIT A ,
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SEWER EXTENSION
EXISTING SEWER .�..
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ITEM NUMBER: A-5
DATE: 05/08/2001
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Atascadero City Council
Staff Report - Public Works Department
Sewer Extension Reimbursement Agreement
San Jacinto Avenue
RECOMMENDATION:
Council authorize the Mayor to execute an agreement with Kelly Gearhart.
DISCUSSION:
In conjunction with the development of property, Mr. Gearhart extended the public sewer along a
portion of San Jacinto Avenue. In doing so, Mr. Gearhart provided public sewer access to other
properties along San Jacinto Avenue.
Government Code allows Mr. Gearhart to apply for reimbursement from future connections to
this extension. Reimbursement is collected from any properties connected to the sewer extension
within 15 years from the date of the agreement.
FISCAL IMPACT:
The City will collect a 2% Administrative Charge from all reimbursements. This charge will be
deducted from the total amount refunded to Mr. Gearhart.
ATTACHMENTS:
Sewer Extension Reimbursement Agreement
•
033
PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF ATASCADERO
AND •
KELLY GEARHART
FOR CONSTRUCTION OF THE
SAN JACINTO AVENUE SEWER IMPROVEMENTS
THIS AGREEMENT is made this day of 2001, in San Luis
Obispo County, California, by and between the City of Atascadero, California,
hereinafter referred to as "City", and Kelly Gearhart, hereinafter referred to as
"Applicant"with reference to the following recitals.
A. Applicant has developed certain property within the boundaries of the
City, commonly referred to as a portion of San Jacinto Avenue; and
B. In order to develop The Property, Applicant opted to construct a public
sewer extension along San Jacinto Avenue to serve The Property. Said
service extension is described as follows: 530 Linear feet of eight inch
PVC sanitary sewer main constructed in San Jacinto Avenue from 285 feet
north of Nogales Avenue to 815 feet north of Nogales Avenue
C. The public sewer extension will serve the area shown on Exhibit A, as
provided in the rules and regulations of the City.
D. The Applicant's cost descriptions in construction of the public sewer •
extension are described as follows:
Description Total
Engineering and Surveying 1,662.75
Construction 26,302.73
Applicant Benefit Share -13,982.73
TOTAL REIMBURSEMENT $13,982.73
REIMBURSEMENT PER
BENEFITING PARCEL (3) $4,660.91
E. Applicant has agreed to dedicate, or has dedicated the public sewer
extension to the City.
•
r
034
F. The City will reimburse Applicant for part of Applicant's costs in
constructing the public sewer extension from adjacent landowners as
herein provided. The total reimbursement to the Applicant shall not
exceed $13,703.08 which is the total construction costs less Applicant's
benefit and city administrative fees.
NOW, THEREFORE, in consideration of the mutual conveyance contained
herein, applicant and City Agree as follows:
1. Term
The term of this agreement shall be for 15 years from the date it is
approved by the City Council of City.
2. Rate of Reimbursement
During the term of this Agreement, the City will reimburse Applicant for
his costs in constructing the public sewer extension from adjacent
landowners. The City will collect said amount from each adjacent
landowner before permitting said owner to connect to the public sewer
extension.
3. Administrative Costs
Two percent(2%) of all monies collected pursuant to this agreement shall
accrue to the City as administrative fees.
4. Conditions of Reimbursement
City's obligation to reimburse Applicant is conditioned on the following:
4.1 Applicant providing City with an engineer's certification that
extensions are constructed in substantial conformance with the
plans and standard improvement drawings submitted to the City.
4.2 The sewer line extension has been inspected and approved by City.
4.3 Applicable easements have been offered and accepted by the City.
4.4 Applicant providing the City with a detailed accounting,
satisfactory to the City of the amounts expended for the
construction and installation of the public sewer extension.
•
035
•
4.5 Applicant has provided the City with a maintenance bond, letter of
credit or other financial security satisfactory to the City in a sum
equal to ten percent (10%) of the cost of constructing the public
service extension, or such agreement satisfactory to the City
whereby the Contractor and/or it's surety will repair or replace to
the satisfaction of the City, any and all such work that may prove
defective in workmanship or materials for a one year period,
ordinary wear and tear excepted, together with any other work
which may be damaged or displaced in so doing.
5. Obligation of City
If, for any reason, the reimbursement fee is or becomes legally
uncollectable, the City shall not be responsible in any way for collecting
the reimbursement fee and/or reimbursing the Applicant for the costs of
the public sewer extension. Reimbursement shall be made only when the
City collects money from the owners of properties whose buildings are to
be connected to the public sewer along San Jacinto Avenue
notwithstanding any provision of any law, this code, or the
Reimbursement Agreement.
6. Place of Payment
The City shall make payment to Applicant at:
Kelly Gearhart
6205 Alcantara Avenue
Atascadero, CA 93422
7. Successors and Heirs
This Agreement shall be binding on and shall ensure to the benefit of the
heirs, executors, administrators, successors, and assigns of the parties
hereto.
8. Severability
Shall any provision of this Agreement be held by a court of competent
jurisdiction to be either invalid, void, or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect
unimpaired by the court ruling.
•
036
• 9. Captions
The captions of the Sections of the Agreement are for convenience and
reference only. They shall not be construed to define or limit the
provisions to which they relate.
10. Indemnity
Applicant agrees to save, indemnify and hold harmless, the City of
Atascadero, its officers, employees and agents, from all liabilities,
judgements, costs and expenses, due to any and all activities related to the
implementation of the rights and privileges granted in this agreement,
except for liabilities, judgements, costs and expenses due to the City's
negligence.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
effective as of the day approved by the City Council of the City of Atascadero.
AGREED.
t
Date:
elly arhart
•
Approved by the Council of the City of Atascadero on this day of
2001.
City of Atascadero
By:
J. Michael Arrambide, Mayor
Attest:
By:
Marcia M. Torgerson, City Clerk
Approved as to Form:
By:
Roy A. Hanley, City Attorney
037
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038
ITEM NUMBER: C—1
DATE: 05/08/2001
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Atascadero City Council
Staff Report - Public Works Department
Traffic Way Closure
RECOMMENDATION:
Council authorize the Public Works Director to temporarily close Traffic Way for the
construction of the public improvements for Tract 2317.
DISCUSSION:
The developers of Tract 2317 on Traffic Way, between San Jacinto Ave and Chico Road, are
ready to start construction of the public improvements. These improvements consist of the
reconstruction and widening of the road, the construction of curb and gutter and a multi-purpose
• path on the east side of the road, installation of water and sewer mains, wire utility relocation and
other improvements.
The contractor has organized his works so that during the construction of the majority of the
public improvements, Traffic Way will remain open. Traffic will be stopped by a flagman at San
Jacinto Ave for northbound traffic and at Chico Road for southbound traffic and allowed to
continue one direction at a time. Delays between 0 to 5 minutes are expected.
Traffic Way will require closure for 7 days for the construction of the sewer and water tie-ins
south of San Jacinto Ave. The reason for the closure is due to the lack of area to work and drive
on this part of Traffic Way. The proposed detour from Traffic Way is San Jacinto Ave to Estrada
Ave to San Anselmo Ave to Del Rio Road to Chico Road and back to Traffic Way. Notification
throughout the northeast part of the City and in the media will help the traveling public select
alternate routes to their destination.
Traffic Way will be opened in both directions at nighttime during the entire project.
The power lines along Traffic Way will be undergrounded as part of this project. This work must
be completed before the contractor can construct most of the public improvements. PG&E has
not given the contractor the dates of the undergrounding, therefore the contractor does not have
the exact dates of the closure.
• The developer and contractor will be at the meeting to answer questions about the project and the
closure.
039.
ITEM NUMBER: C-2
DATE: 05/08/2001
i;
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Atascadero City Council
City Manager's Office
Information Bulletin
A. City of Atascadero Strategic Objectives 2001 — Update
Atascadero Road Program
❑ Report on street cuts and development requirements on Council agenda for May 22"d.
Youth/Community Center
❑ Report on building and operational concept on Council agenda for May 22nd
Downtown
❑ The Main Street Board is making headway on the start up phase.
❑ The City Council will hold the annual hearing for BIA assessment.
•
Economic Development
❑ The new Community Development Director and City Manager attended the California
Association of Economic Developers annual conference in April.
❑ Staff is preparing an Economic Plan to be presented to Council.
General Plan
❑ Staff is correlating the community input received regarding the three alternative land use
diagrams.
❑ Staff is preparing a recommended land use diagram that should be completed in several
weeks.
❑ Consultants are working on the text issues of the General Plan.
Community Involvement
❑ Most actions are ongoing.
❑ Staff is preparing the next issue of the Atascaderian.
Neighborhood Preservation
❑ The Community Development Department is reevaluating the staffing and operational
requirements for Code Enforcement. The issue may require additional budget resources.
• Funding City Services
❑ Staff is developing a two year budget
❑ Revenue and Cost Specialist are preparing a development impact and service fee study.
041