HomeMy WebLinkAboutAgenda Packet 10/27/1992 RELIC INVIEW oopy #
A G E N D A
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
OCTOBER 27, 1992
7:00 P.M.
This agenda is prepared and posted pursuant to the requirements of Government Code Section
54954.2. By listing a topic on this agenda, _the City Council has expressed its intent to
discuss and act on each item. In addition to any actionidentified in the brief general
description of each item, the action that may be taken shalt include: A referral to staff with
specificrequests for information; continuance; specific direction to stafl concerning the
policy or mission of the item; discontinuance of consideration; authorizati n to enter into
negotiations and execute agreements pertaining to the item; adoption or approval; and,
disapproval
Copies of the staff reports or other documentation retating to each Item of b siness 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 Hatt business iours. The City
Clerk wilt answer any questions regarding the,agenda.
In compliance with the Americans with Disabilities Act, if you need sped l 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 wilt assist the City
staff in assuring that reasonable arrangements can be made to provide accessibility to the
meeting or service.
RULES OF 'PUBLIC PARTICIPATION: _.
* Members of the audience may speak on any item on the agenda.
A person may speak for five (5) minutes.
* No one may speak for a second time until ever one wishing to
speak has had an opportunity to do so.
* No one may speak more than twice on any item.
* Council Members may question any speaker; the speaker may
respond but, after the .allotted time has exp ed, may not
initiate further discussion.
* The floor will then be closed to public participation and
open for Council discussion.
Call to Order
Pledge, of Allegiance
Roll Call
City Council Comments
COMMUNITY FORUM:
The City Council values and encourages exchan a of ideas and
comments from you, the citizen. The Community Forum period is pro-
vided to receive comments from the public on matt Brs . other than
scheduled agenda items. To increase the effectiveness of Community
Forum, the following rules will ,be enforced:
* A maximum of 30 minutes will be allowed for Community Forum,
unless Councilauthorizesan extension.
* All remarks shall be addressed to Council, as a whole, and
not to any ;individual member thereof.
* No person shall be permitted to make slanderous, profane or
personal remarks against any elected official, commissions and
staff.
A. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informativestatus reports will he given, as felt
necessary. ) :
1.' S.L.O. Council of 'Governments
2. S.L.O. Regional Transit Authority
3. Solid/Hazardous Waste Task Force
4. City/School Committee
5.` Traffic Committee t
6.< County Water Advisory Board
7. Economic Round Table
8. Colony Roads Committee
9. Liability Claims Review & Finance Committee
10 Homeless Coalition
B. CONSENT CALENDAR:
All matters listed under Item B, Consent Calendar, are consid-
ered to be routine, and will be enacted by one motion in the form
listed below. There will be no separate discussion on these items.
A member of the Council or public may, by request, have any item
removed from the Consent 'Calendar, which shall then be reviewed and
acted upon separately after the adoption of the Consent Calendar:
1. CITY COUNCIL MINUTES - SEPTEMBER 22, 1992
2. CITY COUNCIL/PLANNING COMMISSION MINUTES - SEPTEMBER 29, 1992
(Joint Meeting)
3. CITY COUNCIL MINUTES - OCTOBER 8, 1992 (Special Meeting)
4. TREASURER'S REPORT SEPTEMBER 1992
5. RESOLUTION NO. 95-92 - AUTHORIZING THE FILING OF ANNUAL CLAIM
FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE
FUNDS IN COMPLIANCE WITH THE TRANSPORTATION DEVELOPMENT ACT
(Cont'd from 10/13/92)
6. RESOLUTION NO. 96-92 - REVISING THE CITY'S SALARY/CLASSIFICA-
TION SCHEDULE FOR FISCAL YEAR 1992/93 (Cont'd from 10/13/92)
2
7 . TENTATIVE PARCEL MAP 92-006, 10060 ATASCADERO AVE. - Request
to divide 2.28 acres into two parcels of 1.0 and 1.28 acres
for single family residential use (Hazard/Ta aglia)
8. TENTATIVE PARCEL MAP 92-008, 8475/8495' EL DORADO ROAD - -
Request to divide two parcels totaling 1.73 acres into three
lots of 0.73, 0.50 and 0.50 acres (Foran & Pa tington/Cuesta
Engineering)
9. TENTATIVE PARCEL MAP 17-89, 7550 CORTEZ' - Consideration of,
time extension request (Barrett/Twin Cities -Engineering),
10 FINAL TRACT MAP 01-91, 10700 EL CAMINO REAL - Creation of a 42
residential-lot subdivision (2-B Partnership/Engineering
Development Association)
11. RESOLUTIONNO. 103-92 - REQUESTING THE PUJILIC EMPLOYEES
RETIREMENT SYSTEM TO EXTEND` THE FUNDING PERIOD FOR CURRENT
SERVICE ACTUARIAL LIABILITIES FOR THE CITY OF ATASCADERO
12.' RESOLUTION NO. 102-92 - AUTHORIZING THE EXECUTION OF AN AGREE-
MENT WITH SAN LUIS OBISPO COUNTY FOR ANIMAL CONTROL SERVICES
C. PUBLIC; HEARINGS: NONE
D. REGULAR BUSINESS:
1. REQUEST BY CITY TREASURER TO AUTHORIZE AGREEMENT WITH BANK OF
AMERICA FOR SHORT-TERM BORROWING (Tax Revenue Anticipation
Notes)
2. _ CONSIDERATION OF ASSESSMENT DISTRICT FOR 'ZNF TRUCTURE IM-
PROVEMENTS FOR CAMINO REAL FASHION OUTLET, 2100 EL CAMINO REAL
A. Resolution No. 106-92 - Establishing an Assessment
District Formation Administrative Fee
3. ORDINANCE NO. 259 Adding Chapter 13 to T'tle 3 of the
Atascadero Municipal Code approving the imple entation of a
State-authorized program to recover costs ol responses to
emergencies caused by drunk or reckless driverg and providing
guidelines and procedures therefore, pursuant to California
Government Code 53150, et seq.
(Recommend motion to adopt on second reading by title only)
(Cont'd from 10/13/92)
4. RESOLUTION NO. 104•-92 -' APPOINTING ONE MEMBER TO THE CITY'S
PARKS AND RECREATION COMMISSION
3
E. INDIVIDUAL DETERMINATION ANDIOR ACTION:
1. City Council
2 City Attorney
3. City Clerk _
4 City Treasurer
5. City Manager
CLOSED SESSION:
The City 'Council will adjourn to a Closed Session for the;.
purpose of 'discussion regarding matters of pending litigation,
entitled:
1. City of Atascadero v. Mike 'Bewsey and Michael Hawkins
2 City of Atascadero v. Fluitt & Fluitt (Stadium Park)
3. O'Keefe v. City of Atascadero
Said Closed Session is held pursuant to Goverment Code Section
54956.9.
4`
Agenda Item: B-1
• Meeting Date: 10/27/92
ATASCADERO CITY COUNCIL
SEPTEMBER 22, 1992
MINUTES
The Mayor called the meeting to order at 7:12 p.m. Councilperson
Borgeson led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Kudlac, Luna
and Mayor Nimmo
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee
Raboin, City Clerk
Staff Present: Ray Windsor, City Manager; Andy Takata,
Assistant City Manager/Director of Community
Services; Henry Engen, Community Development
Director; Art Montandon, City 'Attorney; Mark
Joseph, Administrative Services Director; Greg
Luke, Public Works Director; Mike McCain,
Acting Fire Chief; Bud McHale, Police Chief
and Lt. Bili Watton, Police Department
PRESENTATION•
Mayor Nimmo presented a plague to outgoing Planning Commissioner
George Highland. On behalf of the Council and community, the Mayor
expressed appreciation and gratitude to Mr. Highland for his many
years of public service to the City of Atascadero. '
PROCLAMATION:
Mayor Nimmo read the proclamation for "Fire Prevention Week",
October 4-10, 1992 and presented it to Acting Fire Chief Mike
McCain.
COMMUNITY FORUM:
George Highland, 9725 San Marcos, observed that although the City
was enforcing a sign ordinance, it was also displaying a "sandwich"
sign in Sunken Gardens. He asked, "Is the City exempt from its,
own sign ordinance?
. Atascadero Avenue residents John Befumo, Gary Matice, Herman
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Gonzales and John Freitas individually complained about
drainage/flooding problems on their street and urged resolution.
The Mayor referred the matter to staff and asked for a report back
within ten days.
COUNCIL COMMENTS:
Councilwoman Borgeson mentioned an editorial she had read in the
Daily Press regarding the "Brown Act" and noted that there were two
bills in the Governor' s Office relating to the same matter. She
stated that although there were proposals that certain requirements
of the open meeting law be eliminated, she wanted the Council to
re-affirm that all business would be conducted before the public.
On another matter, Councilwoman Borgeson reported that she had been
appointed to an ad-hoc committee to look into locating a suitable
area for Loaves and Fishes to interview clients and pass out food.
She indicated that she was anxious to receive a status report on
current and proposed room assignments at City Hall.
A. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status reports were given, as
follows. ) :
1. S.L.O. Council of Governments - Mayor Nimmo reported that
the Executive Committee had met and voted to unanimously
support the realignment of Highway 41 along Alternative
"A-Modified" and have so notified Caltrans. The matter,
he continued, will be presented during an open session
before the Highway Commission next February in Sacra-
mento. The Mayor stated that he will represent the City
at the hearing and Ron DeCarli, Executive Director, will
represent COG. He added that the District 5 Director of
Caltrans has endorsed the "A-Modified" alignment and the
final EIR will incorporate that recommendation as the
proposed route.
2. City/School Committee - Mr. Windsor reported that the
Committee had discussed traffic problems associated with
the opening of the new San Benito Elementary School. He
indicated that the School District had hired a consultant
and recommendations will be available within thirty days.
Also discussed was the status of the two bridges (San
Andres and Monterey Road) , traffic signalization on Morro
Road, bikeways, gang activity in the City and monitoring
of the creeks. He noted that the superintendent had also
indicated that if school district budget problems do not
improve within the next six months, they will probably
have to recommend not to fund their 50% share for the
D.A.R.E. and Community Resource Officers.
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Councilman Luna asked if the traffic impact of the San
Benito School had been addressed in an EIR. Mr. Windsor
reported that the School District was exempt and
therefore not required to conduct an EIR; he confirmed
that no traffic study had ever been done. _
3. Economic Round Table - Mark Joseph reported that the
round table had reviewed some of the sub-committee
activities and received an update of the redevelopment
study being currently conducted within the scope of the
round table and staff. In addition, he noted that staff
had provided status reports on the City' s budget
situation, commercial-industrial land use and the new
sign ordinance.
4. Homeless Coalition - Councilwoman Borgeson reported that
the coalition would meet Friday, September 25, 1992 at
2:00 p.m. in the Pavilion. She explained that Loaves &
Fishes had agreed to interview applicants for shelter and
mentioned that area churches were offering some housing
on a monthly basis. In addition, she reported that
financial contributions had been made by Supervisor David
Blakely, the Presbyterian Church in Templeton and by the
California Mens' Colony.
B. CONSENT CALENDAR:
The Mayor read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - AUGUST 25, 1992
2. TREASURER'S REPORT - AUGUST, 1992
3. FORMAL CONFIRMATION OF COUNCIL APPOINTMENTS TO BUDGET REDUC-
TION PLAN COUNCIL SUBCOMMITTEE
4. PARKING INCENTIVES FOR DOWNTOWN
5. RESOLUTION NO. 92-92 - ENDORSING APPLICATION FOR GRANT FUNDS
FOR CONSTRUCTION OF BIKEWAYS AND BIKEWAY FACILITIES -
6. RESOLUTION NO. 93-92 - REQUESTING THE COUNTY TO NEGOTIATE A
NEW AMBULANCE AGREEMENT BETWEEN CITIES & COUNTY AND DESIGNAT-
ING THE CITY MANAGERS/FIRE CHIEFS COMMITTEE ON AMBULANCE AS
THE BARGAINING GROUP FOR THE CITIES
MOTION. B Councilman Luna, seconded by Councilwoman Borgeson to
adopt the Consent Calendar; motion carried unanimously by
roll call vote.
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C. PUBLIC HEARINGS: 0
1. PROPOSED PLANNED DEVELOPMENT REZONING TO PERMIT A SMALL LOT
SUBDIVISION OF FOUR PARCELS RANGING FROM 8,588 SQ. FT. TO
10,122 SQ. FT. AT 4650 TRAFFIC WAY (Frank Haas, Landmark
Partnership/Blake Surveys)
A. Ordinance No. 261 - Amending Map 6 of the Official Zoning
Maps by rezoning certain real property at 4650 Traffic
Way from RMF/10 to RMF/10 (PD7) (ZC 920. 05: Haas)
(Recommend ( 1) motion to waive reading in full and read
by title only, and (2) motion to introduce on first read-
ing by title only)
B. Approval of Tentative Parcel Map 92007
Henry Engen provided the staff report and recommendation to approve
the zone change and tentative parcel map, subject to the Approved
Conditions of Approval. Council questions followed regarding
bikeways, sidewalks and other improvements. Councilwoman Borgeson
commended Gary Kaiser, Assistant Planner, on the staff report.
Public Comments:
Jim Edwards, 2800 E1 Camino Real, indicated that he would rather
see the sidewalk currently proposed for the east side of Traffic
Way be constructed on the west side. He shared concern for the
safety of children forced to cross the street twice.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to -
waive the reading in full of Ordinance No. 261; motion
carried unanimously.
MOTION: By Councilman Kudlac, seconded by Councilwoman Borgeson
to introduce Ordinance No. 261 on first reading, by title
only; motion carried 5:0 by roll call vote.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
approve Tentative Parcel Map 92007 based on, and subject
to, the Conditions of Approval; motion carried 5:0 by
roll call vote.
2. ORDINANCE NO. 257 - AMENDING TITLE 3, CHAPTER 3 OF THE ATASCA-
DERO MUNICIPAL CODE AS IT RELATES TO THE CITY'S TRANSIENT
OCCUPANCY TAX (Increase from 6% to 9%)
(Recommend (1) motion to waive reading in full and read by
title only, and (2) motion to introduce on first reading by
title only)
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Mark Joseph introduced the item. Councilwoman Borgeson mentioned
a letter received dated September 22, 1992 from J.P. Patel,
Owner/Manager of the Best Western Colony Inn (see Exhibit "A" )
asking that a portion of the additional revenue received as a
result of the increase be set aside to promote tourism. The City
Attorney advised that the Council could not designate any portion
of the revenue for a specific project without taking the matter to
the vote of the people. He added, however, that the Council would
not be precluded from, at budget time, allocating funds from the
General Fund for a particular purpose. Councilman Luna pointed out
that a portion of General Fund monies had already been budgeted for
tourism promotion.
Public Comments:
J.P. Patel, Owner/Manager of the Best Western Colony Inn, read his
letter to the City Council (Exhibit "A" ) opposing the tax increase
and requesting that the City allocate a portion of the additional
revenue to generate additional traveler stopovers.
Bill Mazzacane, Executive Director of the Atascadero Chamber of
Commerce, stated that the increase would impact local hotel owners
in a negative way and spoke in support of Mr. Patel' s- recommenda-
tions. He suggested further that a tourism committee be formed and
pointed out that many cities have such an advisory body to the
Council.
. Russ Kolemaine, Potrero Road resident, also spoke favorably of Mr.
Patel' s proposal and asked the Council to give serious consid-
eration to assisting the City' s hotels in achieving full occupancy.
Leo Korba, 10905 Santa Ana, criticized the proposal claiming that
it was self-serving.
---End of Public Testimony---
The City Attorney reiterated that the City Council could not
earmark any of the tax for a special purpose without the vote of
the people.
Councilwoman Borgeson spoke in support of the formation of a
tourism promotion committee. Councilman Luna proposed that the
Economic Round Table may already be the appropriate body to address
the concerns. Mayor Nimmo agreed.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
waive the reading in full of Ordinance No. 257; motion
carried unanimously.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
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introduce Ordinance No. 257 on first reading by title
only; motion carried 5:0 by roll call vote.
By consensus, the Council directed the Economic Round Table to -
address tourism promotion and concerns raised by Mr. Patel, Mr. _
Mazzacane and Mr. Kolemaine.
3. COST RECOVERY RESOLUTIONS
A. Resolution No. 84-92 - Adopting new Fire Department fees
B. Resolution No. 85-92 - Modifying and adopting fees for
miscellaneous and special police services
C. Resolution No. 86-92 — Modifying fees for permits and
other activities undertaken pursuant to building and
construction regulations
D. Resolution No. 87-92 - Setting fare rates for the Dial-A-
Ride Transportation System
Mayor Nimmo made introductory remarks and shared that the proposed
fee increases were an effort to address the present budget deficit
without negatively impacting police and fire services. He added
that the County had imposed more fees and additional- cuts by the
State are anticipated for the next fiscal year.
Public Comments:
Whitey Thorpe, 8025 Santa Ynez, opposed fee increases and asserted
that services are already funded by the taxpayers.
Mike Jackson, 5502 Ensenada, proclaimed that raising developer fees
is not the answer and contended that building permits are already
too high. He also voiced disapproval for raising Dial-A-Ride fees.
Frank Bowman, 9975 Old Morro Road East asked the City Attorney if
the City could seek reimbursement of costs for ambulance services.
Mr. Montandon reported that the City was, in fact, actively
pursuing this matter. Mr. Bowman also expressed support for some
of the proposed Fire Department inspection fees and opposition to
others. He asked the Fire Chief if there was a way to recoup for
mutual aide. Mike McCain replied that there was and pointed out
the Uniform Fire Code allows inspection recovery. In addition, the
Fire Chief noted that the fees proposed were for services offered
currently at no charge.
Michael Gove, 5300 Maleza asked if the new fees were temporary.
The Mayor indicated that they were permanent.
---End of Public Testimony---
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The Fire Chief clarified, at Councilman Luna' s request, the
controlled burn fee and emphasized that in the past the City has
always absorbed the costs. He indicated that this was simply a
cost recovery fee and would be charged hour-for-hour.
Councilman Luna asked the Community Development Director to define
precisely what building-related fees were being proposed. Mr.
Engen reported that the only fee increase recommended at this time
was for Requests for Information. He added that no other building
or construction fees were being raised.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
approve Resolution No. 84-92 Adopting new Fire Department
fees; motion unanimously carried.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adopt Resolution No. 85-92 modifying and adopting fees
for miscellaneous and special police services; motion
unanimously carried.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
adopt Resolution No. 86-92 modifying fees for Requests
for Information; motion. carried unanimously.
MOTION: By Councilman Kudlac, seconded by Councilman Luna to
adopt Resolution No. 87-92; motion carried 4:1
(Councilwoman Borgeson voting in opposition) .
4. D.U.I. COSTS RECOVERY
A. Ordinance No. 259 - Adding Chapter 13 to Title 3 of the
Atascadero Municipal Code approving the implementation of
a State-authorized program to recover costs of responses
to emergencies caused by drunk or reckless drivers and
providing guidelines and procedures therefore, pursuant
to California Government Code 53150, et seq.
(Recommend ( 1) motion to waive reading in full and read
by title only, and (2) motion to introduce on first read-
ing by title only)
B. Resolution No. 90-92 - Establishing fees for costs asso-
ciated with emergency response to incidents involving
intoxicated drivers and reckless drivers
Lt. Bill Watton responded to questions from the Council and noted
that other cities in the County have already implemented the cost-
recovery policy. He emphasized that criminal action must be filed
by the District Attorney before any fees can be assessed and that
a total fine for a single incident will not exceed $11,000. He also
pointed out that there are provisions in the ordinance that give
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the Council authority to waive, cancel or excuse fees on appeal.
The City Attorney clarified that if the accused is exonerated
because of a legal technicality (as opposed to being found innocent
on the charges) , fees cannot be waived. -
Councilwoman Borgeson voiced support and reported that MADD
(Mothers Against Drunk Drivers) believed this action would be a
strong deterrent for driving under the influence.
Public Comments:
Whitey Thorpe proclaimed that the Police Department should not have
the authority to take from any citizen a fine that has not gone
through the Court.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
waive the reading in full of Ordinance No. 259 and read
by title only; motion carried unanimously.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
introduce Ordinance No. 259 on first reading, by title
only; motion carried 5:0 by roll call vote.
MOTION: By Councilman Kudlac, seconded by Councilman Luna to
adopt Resolution No. 90-92 establishing a policy for the
financial recovery of costs of emergency responses,
pursuant to Government Code Section 53150; motion carried
5:0 by roll call vote.
5. FALSE ALARMS COSTS RECOVERY
A. Ordinance No. 260 - Adding Article 10 to Title 3, Chapter
5 of the Municipal Code regarding Alarms
(Recommend ( 1) motion to waive reading in full and read
by title only, and (2) motion to introduce on first read-
ing by title only)
B. Resolution No. 91-92 - Adopting fees for emergency ser-
vices in response to alarms
Lt. Watton reported that the proposed ordinance allowed three false
alarms over a twelve-month period before levying fines.
Councilwoman Borgeson pointed out that by reducing the number of
responses to false alarms, police and fire units would be available
for other calls.
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Public Comments:
Bill Mazzacane shared concern that some incidents may be deemed
false when they are, in fact, not. He stated that proof of -
negligence was not addressed in the proposed document. _
Marjory Kidwell, 9980 Old Morro Road East, commented that she
believed if an alarm system fails, the owner is responsible for
repairing it. She added that she thought allowing three false
alarms per year without penalty was generous.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
waive the reading in fall of Ordinance No. 269 and read
by title only; motion passed unanimously.',
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
introduce Ordinance No. 260 on first reading by title
only; motion carried 5:0 by roll call vote.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
adopt Resolution 91-92 adopting fees for emergency
services in response to false alarms; motion carried 5:0
by roll call vote.
6. BUSINESS LICENSES
• A. Ordinance No. 258 - Amending Title 3, Chapter ter 5 of the
Atascadero Municipal Code as it relates to Business
Licenses
(Recommend (1) motion to waive reading in full and read
by title only, and (2) motion to introduce on first read-
ing by title only)
B. Resolution No. 89-92 - Establishing and revising Business
License fees
Mark Joseph introduced the item and noted that the proposed
ordinance was a comprehensive revision to the existing -Business
License Ordinance designed to eliminate redundancies and make it
easier to use. Resolution No. 89-92, he added, modified some fees
and was designed to recover administrative costs. Mr. Joseph
mentioned that the City Attorney had advised that the proposed
increase in the annual fee for out-of-town contractors be left at
the current rate. He then provided an overview of other proposed
revisions.
There were no public comments.
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MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
waive the reading in full of Ordinance No. 258 and read
by title only; motion carried unanimously.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to _
introduce Ordinance No. 258 on first reading; motion
carried 5:0 by roll call vote.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adopt Resolution No. 88-92 revising certain business
license fees and administrative charges, as amended
deleting increase for out-of-town contractors; motion
carried unanimously by roll call vote.
AT 9: 16 P.M. , THE MAYOR CALLED A RECESS. THE MEETING RECONVENED AT
9:35 P.M.
D. REGULAR BUSINESS•
1. PRECISE PLAN 92-008
A. Findings for Denial, Blockbuster Video, 7025 E1 Camino
Real (Pacific Entertainment/Dennis Bell) (Cont'd from
9/8/92)
B. Request for Reconsideration
Mayor Nimmo explained the rule for reconsideration and indicated
that the Council would address that item first. The Mayor reported
that the applicant had offered to fund a project-specific traffic
study in response to concerns shared by the members of the Council
and voiced support for reconsideration. He clarified that neither
he nor Councilman Bewley could make the motion to reconsider the
action to uphold the appeal because they had voted against it.
Councilman Bewley remarked that he would like to see
reconsideration be given and an opportunity afforded to address
traffic concerns.
Individual Council comments followed. Councilman Kudlac indicated
that he still had some concerns regarding the lack of a twenty-foot
setback and asked staff if there was indeed a setback requirement.
Councilman Luna noted that he was satisfied with the Findings for
Denial and shared that his main concern was for the projected low
level of service for the area in coming years. He stated that the
Council could not design the project and suggested that the
applicant go back and redesign it. Councilwoman Borgeson pointed
out that the present driveway leading in and out of the shopping
center had not been redesigned and reiterated concern regarding the
element of safety at that location.
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Councilman Bewley pointed out that the applicant had done what he
had been asked to do; staff had recommended approval and the
Planning Commission had approved the project seven to zero. He
proclaimed that the City Council should not regulate business and -
favored reconsideration.
Public Comments:
Robert Fisher, representing the applicant Pacific Entertainment,
implored the Council to reject the Findings for Denial, grant
reconsideration and give the applicants the opportunity- to conduct
a focussed traffic study for the proposed project.
Tim McCutheon, local businessman, urged reconsideration and asked
the Council to welcome new business.
Bill Mazzacane, Executive Director of the Atascadero Chamber of
Commerce, spoke in support of reconsidering the matter and allowing
additional information to be brought forward so that concerns could
be adequately addressed. In addition, he shared a letter from the
Chamber Board of Directors (see Exhibit "B" ) voicing distress over
the Council' s decision on the project.
Michael Jackson, Whitey Thorpe, Frank Henderson (local builder) and
BIA Manager Eric Michielssen also voiced supported for reconsid-
eration.
Jerry Taft, appellant, urged the Council not to reconsider and
asked them to approve the Findings for Denial.
---End of Public Testimony---
(No motion was made for reconsideration) .
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adopt the Findings for Denial of Precise Plan 92-008;
motion carried 3:2 (Councilman Bewley and Mayor Nimmo
voting in opposition) .
2. SHORT-TERM FINANCING OPTIONS; ROLES OF FINANCE DIRECTOR/TREAS-
URER
Mark Joseph provided the staff report and requested that direction
be given regarding: ( 1) whether or not to proceed with a short-term
note with Bank of America and (2) whether or not Council wished to
reactivate the Finance Committee.
City Treasurer Micki Korba indicated that while she still had some
concerns regarding tapping into reserves held in the Orange County
Investment Pool, she no longer could recommend pursuing a short-
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term loan. She stated that the concept should have been initiated
months ago and added that the proposals received were not complete
and competitive. 0
Mr. Joseph suggested that Council may want to defer the matter for
this fiscal year and attempt to pool with other cities and/or the
County next Spring. No action taken.
By consensus, Council agreed to reactivate the Finance
Committee capacity of the current Risk Review
Committee/Finance Committee and to meet at the call of the
City Treasurer or City Manager.
3. ORDINANCE NO. 255 - REPEALING SECTION 9-4.130 THROUGH SECTION
9-4.136 AND SECTION 9-7.109 OF TITLE 9 AND ADDING CHAPTER 15 `
TO TITLE 9 OF THE ATASCADERO MUNICIPAL CODE REGARDING SIGNS
(Zone Change 92-006)
(Recommend ( 1) motion to adopt on second reading by title
only)
MOTION: By Councilman Kudlac, seconded by Councilman Luna to
adopt Ordinance No. 255 on second reading by title only;
motion carried 5:0.
4. ADMINISTRATIVE USE PERMITS .
A. Ordinance No. 256 - Amending the Zoning Ordinance text to
add a procedure for Administrative Use Permits (Zone
Change 92-007; City of Atascadero)
(Recommend ( 1) motion to adopt on second reading by title
only)
MOTION: By Councilman Luna, seconded by Councilman Bewley to
adopt Ordinance No. 256 on second reading by title only;
motion carried 5:0.
B. Resolution No. 88-92 - Amending Planning Division fees by
establishing fees for Administrative Use Permits
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
adopt Resolution No. 88-92; motion carried unanimously by
roll call vote.
5. COLONY DAYS INSURANCE
The City Manager indicated that no action was required.
CC09/22/92
Page 12
000012
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Mayor Nimmo announced that the City Council would meet in a Closed
Session on Thursday, October 8, 1992 at 6:00 p.m. for the purpose
of discussions relating to personnel negotiations and budget
reductions.
Brief discussion ensued regarding the use of "sandwich" style signs
in Sunken Gardens. The City Manager acknowledged that the
Community Services Department had indeed used sandwich board signs,
clarified that the new sign ordinance had not yet gone into effect,
reported that the City was not exempt from following its'- own sign
ordinance and assured the public and Council that this kind of
signage would not be used in the future.
2. City Treasurer
Micki Korba asked Council to set a date for the Finance Committee
to meet. The date chosen was Wednesday, October 7 1992 at 4:00
p.m. in the City Manager' s office. -
AT 10:43 P.M, THE CITY COUNCIL ADJOURNED TO TUESDAY, SEPTEMBER 29,
1992, 7:00 P.M. FOR A SPECIAL JOINT MEETING WITH THE CITY PLANNING
COMMISSION TO RECEIVE A PRESENTATION ON THE DRAFT CIRCULATION
ELEMENT.
MINUTES RECORDED AND PREPARED BY:
LEE RABOIN, City Clerk
Attachments: Exhibit "A" - (Patel/Colony Inn)
Exhibit" B" - (Chamber of Commerce)
CC09/22/92
Page 13
(1(ltlfl1 'i
CC9/22/92 EXHIBIT "A" — P9. 1
RECEI `J �.
vL1 u 2 6-
X .X .
m/fir e& " '
(.J Yww4N.w.
YYIy.s�,
Atascadero City Council
c/o Hon.Robert Nimmo, Mayor
6500 Palma Avenue Bst Westen
Atascadero, CA 93422 Colony Ian
3600 El Camino Real
AlascaSeptember 21, 1992 805-4 64ero, 49 93422
805-466-4449
Fax#805-466-2119
RE: Ci Council September 22 Agenda Item C.2.
proposed Ordinance No. 257 amending Title 3-3., Municipal Code &ft Wester,Inn
relating to Transient Occupancy Tax increase from 6%to 9%) 251 Ontncario,ORo,ORow 9t.
97914
503-889-2600
Sir:
Fax#503-889-2259
As one major source for this portion of City revenue, I have discuss- But Western
ed this proposal with other motel/hotel owners operating in Atascadero. I King City Inn
find that, however much the City's need for additional revenue sources, and 1190 Broadway
however diligent the Council's efforts to make sure the burden for these King City,CA 93930
408-385-6733
are equitably shared, the increase we would be required to collect on be- Fax#408-385-0714
half of the City too closely approaches the limits that our businesses can Best Western ,
sustain and remain viable. Klamath Inn
As you are aware, the existing 245 motel/hotel rooms in Atascadero 4061 so.6sh St.
are currently generating about $100,000 annually for the City. Regretfully, Rlanwth Falls,OR 97603
Atascadero does not offer travelers sufficient attractions to qualify as a 503 8823200
Fax#503-882-2729
travel destination in it's own right. Therefore, our properties must effect-
ively compete against better-promoted properties in Paso Robles, San Luis
Obispo and even Morro Bay for overnight highway travelers. For resenvai,u.
However, since the recession has depressed occupancy rates below call 800-5284234
50% here, the resulting increase passed along to visitors will, ironically,
have a negative effect on our gross income, and correspondingly, TOT pay-
ments to the City. Also, in addition to reducing this revenue, further reduc-
tion in occupancy rates effects our ability to hire and provide employment
for other tax-paying Atascadero residents.
Therefore, for the City to increase its' revenue from this source, we
feel the City should use a part of this additional revenue to help shield
Atascadero motel/hotel properties from these negative effects. We believe,
based on our combined experience in the hospitality industry, that investing
a portion of any bed tax increase in a program to generate additional trav-
eler stopovers, is a key to increasing occupancy rates and thereby, gross
TOT revenues; as well as sales tax revenues from traveler expenditures at
restaurants, gas stations and other local businesses.
Such a program, funded through the General Fund in an annual
amount equal to at least 25 % of such gross bed tax revenue, vwl could
conservatively generate in the neighborhood of from $8 to $9... new dollars
from outside our existing economy... for every dollar so invested.
This will have little or no additional impact on existing city services
as has been amply demonstrated by the State Dept. of Commerce Tourism
(Continued)
, Yip P.O. Box 20083 San Jose, CA 95160 408.997.1797
000014
CC9/22/92 EXHIBIT "A" - Pg. 2
Atascadero City Council
September 21, 1992
Page Two
Office, Hawaii Convention& Visitors Bureau and many other agencies.
In fact, we believe an increase in the Transient Occupancy Tax from 6% to
10% could be justified and sustained, assuming
(a) the use of such funds was budgeted and administered by an advisory
panel representing local hospitality and restaurant business owners, the Atascadero
Chamber of Commerce, representatives of the City, etc, and
(b) funds set aside in this way are used, in addition to such other existing
available funds, elusively for development and promotion of Atascadero_ as a
visitor's stop.
Effectively promoting Atascadero as a stopover place offering accomoda-
tions, meals, services and such visitor attractions as we do have in the community, ie:
Chalk Mountain Golf Course, Heilman- Regional Park, Atascadero Lake Park &
Pavilion, and the Charles Paddock Zoo, could be a boon to all retail businesses in
Atascadero, resulting in still greater additional revenue for the City from other
sources to everyone's benefit.
Yours Tru,
J. P. Patel
Manager/Owner
cc: Ray Windsor
Mark Joseph
Chamber of Commerce
000015
CC9/22/92 EXHIBIT "A" - Pg. 3
EXHMIT;
Current Atascadero City revenues from Transient Occupancy Tax(TOT): _
$100,000/year @ 6%x 50% occupancy (245 rooms)
Cites staff estimate. 9%TOT:
$150,000/year @ 9%x 50% occupancy (245 rooms) = $50,000/yr increase
IndusM estimate, 9%TOT:
$120,000/year @ 9%x 40% occupancy(245 rooms) = $20,000/yr increase
$135,000/year @ 9%x 45% occupancy(245 rooms) = $35,000/yr increase
Industry estimate 100/c TOT,w/tourism promotion:
2%Promo budget 8% City revenue
50% occ. $ 33,333/yr $ 133,333/yr = $ 33,333/yr increase
60% occ. 40,000/yr 160,000/yr = 60,000/yr increase
70% occ. 46,667/yr 186,667/yr = 86,667/yr increase
80% occ. 53,333/yr 213,333/yr = 113,333/yr increase
90% occ. 60,000/yr 240,000/yr = 140,000/yr increase
000016
CC9/22/92 EXHIBIT "A" - Pg. 1
com
ay , erof morce
fast ro car n
6550 EL CAMINO REAL ATASCADERO, CALIFORNIA 93422
TELEPHONE: (805) 466-2044
September 22, 1992 -
Mayor Bob Nimmo
City of Atascadero
6500 Palma Ave.
Atascadero, CA 93422
Dear Mr. Nimmo,
The Board of Directors of the Atascadero Chamber of Commerce have
asked me to write to you and the council to express our concern over the
council's recent decision regarding Blockbuster Video.
Are concern isn't on behalf of Blockbuster, but rather the larger issue of
city and council policy. We have three areas of concern that are
• expressed below:
1 . It is a time consuming and often quite expensive undertaking for a
business to comply with the various planning rules and regulations.
It is our understanding, that Blockbuster indeed did follow the
prescribed procedures. That both staff and the planning commission
approved the project. When the city council puts additional road
blocks in the way of a development such as this, its sends a signal
to all future businesses. They aren't anxious to pay the costs for a
game with ill defined rules.
2. The stated reason for the denial is apparently traffic. To our
knowledge no official traffic study has been completed to support
such a judgement. Cal Trans didn't raise that as an issue in their
Hiway 41 studies. At best it is a guess on the real traffic impact.
Yet we hear, some who are opposed to this project, favor a fine
restaurant on that site. That would obviously generate as much if
not more traffic. Is the council going to be consistent with its
ruling? If is is, then that corner of the property, or any other
development in that center is out.
0
(over)
0000117
CC9/22/92 EXHIBIT "B" - Pg. 2
3. Thirdly, is appears to our board, that the council is trying to make
market decisions by determining what businesses will go where,
even though they comply with the zoning requirements. Our general
plan has gone through a thorough reviewprocess.
oce s piano iundermine ng to he that
plan and the zoning that implements ,
current whim of the council. o eaveplaying fieldfo
eletsure that is goo
l gtithe
government. it is certainly n
businesses.
Again, it is not our intent to comment on the argument between the concerned that f this o
businesses involved. However, we are genuinely
action becomes common place in dealing with projects, we will not even
be able to entice the businesses we claim we want to come to town. We
urge careful reconsideration of this precedent setting decision.
SinceKely, I
i
Ray o son
Pre id nt
000018
L
Agenda Item: B-2
Meeting Date: 10/27/92
ATASCADERO CITY COUNCIL/PLANNING COMMISSION
SEPTEMBER 29, 1992
MINUTES SUMMARY
The Mayor called the meeting to order at 7:00 p.m. Commission
Chairperson Johnson led the Pledge of Allegiance.
ROLL CALL:
City Council:
Present: Councilmembers Kudlac, Luna and Mayor Nimmo
Absent: Councilmembers Borgeson and Bewley
Also Present: Muriel "Micki" Korba, City Treasurer and Lee
Raboin, City Clerk
Planning Commission:
Present: Commissioners Carden, g Lochrid a Edwards
Berger, Rogers and Chairperson Johnson
Absent: Commissioner Hanauer
Staff
Present: Ray Windsor, City Manager; Andy Takata, Assis-
tant City Manager/Director of Community
Services; Henry Engen, Community Development
Director and Greg Luke, Public Works Director
Consultants:
Present: Mike Multari of Crawford, Multari & Starr
Mike Kennedy, DKS Associates
Purpose of the Meeting:
To receive a presentation by DKS Associates of the Draft
Circulation Element and discuss future joint study sessions.
CC/PC Joint 09/29/92
Page 1
000019
Meeting Highlights:
A. Circulation Element:
Mike Multari reported that the session was intended to introduce
the draft Circulation Element and get direction from the Council
and Commission prior to the completion of the draft Environmental
Impact Report (EIR) . He explained that a Notice of Preparation for
the EIR would be distributed soon and work was in process on the
document. Once completed, he added, it would be subject to public
hearings at the Planning Commission. Mr. Multari predicted that
the Final EIR would be completed in December of 1992 and indicated
that the Circulation Element would be ready for adoption, depending
on hearing schedules, during the early months of 1993.
Mike Kennedy introduced the draft Circulation Element and using a
series of overhead transparencies, provided an overview of the
document summarizing three comprehensive studies: 1) Traffic
Safety Study, 2) E1 Camino Real Study and 3) Circulation Study.
Staff pointed out that the Traffic Safety Study would soon be
available for public review. In addition, Mr. Kennedy highlighted
recommendations for circulation goals and policies.
Questions and comments followed regarding levels of service,
intersections, bikeways, and parking. Brief discussion ensued
regarding symbolization for intersections on Figure III-9 of the
draft; Mr. Kennedy noted that an error had been made and explained
that a correction would be made on the document before being
presented at the Planning Commission.
There was consensus among the Council and Commission to accept the
draft, as amended above, and postpone further dialogue until the
public hearings process begins.
Discussion ensued regarding the proposed median divider on El
Camino Real. Mr. Kennedy emphasized that the median was being
recommended as a means of improving traffic flow and providing
pedestrian safety. He clarified that it was not a wholesale
improvement to the capacity of El Camino Real and would not have an
overall major affect on the levels of service on the roadway, with
the exception of potentially increasing the level of service at
specific intersections because of certain planned improvements.
Public Comments:
Peter Boonisar, 5212 Magdelena, asserted that potential traffic
impacts as a result of the proposed Highway 41 extension have not
been adequately addressed. In addition, he pondered whether there
CC/PC Joint 09/29/92
Page 2
000020
had been any studies to determine whether there would be increased
pollution as a result of the project.
Eric Greening, 7365 Valle, urged the consultants to study
pedestrian circulation as pedestrians themselves to understand the
hazards first-hand. He mentioned that the Santa Rosa Road over-
ramp was particularly dangerous and shared concern about safe
pedestrian travel on Palomar Avenue.
---End of Public Testimony---
B. Future Joint Study Sessions:
By mutual agreement, the Council and Commission agreed to meet in
a joint study session regarding the Housing Element sometime within
the next two months.
Mayor Nimmo adjourned until Thursday, October 8, 1992 at 6:00 p.m.
MINUTES Y REPARED BY:
LEE RABOIN, Ci Clerk
CC/PC Joint 09/29/92
Page 3
000021
Agenda Item: B-3
Meeting Date: 10/27/92
ATASCADERO CITY COUNCIL
MINUTES
REGULAR ADJOURNED MEETING
OCTOBER 8, 1992
The Mayor called the meeting to order at 6:00 p.m. Councilperson
Kudlac led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Kudlac, Luna
and Mayor Nimmo
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee
Raboin, City Clerk
Staff Present: Ray Windsor, City Manager; Andy Takata, Assis-
tant City Manager/Director of Community
Services; Henry Engen, Community Development
Director; Art Montandon, City 'Attorney; Mark
Joseph, Administrative ServicesDirector; Greg
Luke, Public Works Director;' Mike McCain,
Acting Fire Chief; and Bud McHale, Police
Chief
A. CLOSED SESSION - Labor Negotiations (Session held pursuant to
Government Code Section 54957.6) .
The Council recessed to Closed Session at 6:02 p.m At 6: 10 p.m,
regular session was reconvened.
B. OPEN SESSION - City of Atascadero Budget Reduction Plan
Mayor Nimmo provided opening remarks regarding the state of the
City' s current financial situation and introduced the Budget
Reduction Plan as recommended by the Council sub-committee.
Councilwoman Borgeson asserted that she was opposed to the proposal
because she believed a ten percent cut could be achieved without
CC1O/O8/92
Page 1
000022
lay-offs and spoke in favor of examining the alternative of closing
City Hall one day a week for all non-safety employees. Councilman
Luna asked legal counsel if this could be done. The City Attorney
advised that he believed this option would be subject to negoti-
ations with each employee bargaining unit and reported that he _
would have to review all Memorandums of Understanding before making
a determination.
Councilwoman Borgeson remarked that Will Hurst, Union
Representative for the Service Employees International Union
(SEIU) , had implored her to request Council consideration of
postponing action on the Budget Reduction Plan for one week to
allow the unit to look at the alternative Councilwoman Borgeson was
proposing.
Public Comments:
Tom Jamason, City employee and SEIU representative, stated that the
employee bargaining units were never given an opportunity to
address the Budget, Reduction Plan and asked for a delay to allow
all units to provide input.
Marj Mackey, 5504-A Tunitas Avenue, spoke in support of continuing
the matter for one week and giving the employee bargaining units
time to respond.
Eric Greening, 7365 Valle, agreed.
---End of Public Testimony---
Andy Takata, Assistant City Manager, reported that before the -
Council had adopted its, budget for Fiscal Year 1992-93, the
employee bargaining units had been given the opportunity to respond
to all budget-reduction suggestions, including the one proposed by
Councilwoman Borgeson. He added that the groups had been given
another occasion to provide input once the State's budget had been
adopted but no group had come back with any recommendations.
The City Attorney mentioned that the bargaining units could, at any
time, bring forward alternate proposals and demonstrate a willing-
ness to amend their MOUs.
BUDGET REDUCTION PLAN:
The Council took the following action on the eight-point Budget
Reduction Plan, as proposed by the Council Subcommittee:
1. The elimination, in compliance with existing Rules and
Regulations, of Provisional and Regular Part-Time
employees. Approved, 4.1 (Borgeson) .
CC1O/O8/92
Page 2
000023
2. Removal of previously granted special salary increases to
the Finance Technician in Administrative Services ( 10%)
and Administrative Secretary in Community Development
(5%) . Approved, 4.1 (Borgeson) .
3. Elimination of the position of Police Agent (5) and sub-
stitute, through promotion, one sergeant. Approved, 4.1
(Borgeson) .
4. Change the Acting Fire Chief to permanent and--place the
vacated Battalion Chief on vacancy hold. Approved, 4.1
(Borgeson) .
5. Within Public Works, eliminate the position of Engineer-
ing Technician II. Approved, 4.1 (Borgeson) .
Council discussion ensued regarding the position of
Administrative Analyst. Councilmembers Luna and Kudlac spoke
in favor of maintaining the position. By mutual consensus,
the Administrative Analyst position was retained.
6. Within Community Development, eliminate the positions of
Planning Technician and Assistant Planner. Approved, 4.1
(Borgeson) .
Discussion followed regarding the proposed reclassification
. (downgrade) ofthe Building Official and Compliance Official
to Senior Building Inspectors. Councilman Bewley strongly
opposed the elimination of the Building Inspector II position
and questioned the justification for creating two Senior
Building Inspectors. He argued that the City could save more
money by keeping the Building Inspector II and eliminating one
of the two proposed Senior Building Inspectors.
Councilman Luna voiced support for the sub-committee
recommendation because the specific employees who would
downgrade to the Senior Building Inspector positions were both
capable of performing numerous duties including inspections,
plan checks, code enforcement and computer applications.
MOTION: By Councilman Bewley, seconded by Mayor Nimmo
to retain the Building Inspector II and
eliminate one Senior Building Inspector.
Discussion on the motion: The City Manager pointed out
that the sub-committee recommendation was to downgrade
the positions of Building Official and Compliance
Official and asked Councilman Bewley to clarify which of
these two positions he was in favor of eliminating.
CC1O/O8/92
Page 3
000024
Motion amended: Councilman Bewley amended his motion as
follows: To retain the Building Inspector II and
eliminate the Building official; motion failed 2:3
(Councilmembers Luna, Borgeson and Kudlac) .
By majority, the recommendation to eliminate the Building
Inspector II and downgrade the Building Official and the
Compliance Official to Senior Building Inspectors was
approved.
7. Within Administrative Services, reclassify the position
of Assistant Finance Director to Accountant (downgrade) .
Approved, 4.1 (Borgeson) .
8. Within Community Services, eliminate one part-time Rec-
reation Coordinator and place vacancy hold on two others.
Eliminate position of Building Maintenance Specialist for
the Facilities Section of Parks. Approved, 4.1
(Borgeson) .
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
approve the Budget Reduction Plan including giving staff
direction to retain the Administrative Analyst position;
motion carried 4: 1 (Councilwoman Borgeson opposed) .
OUT-PLACEMENT ASSISTANCE:
Staff asked Council to give direction regarding out-placement
assistance for those employees who will be affected by the approved
Budget Reduction Plan.
MOTION: By Councilman Luna, seconded by Councilman Kudlac to
authorize the appropriation of $600 for out-placement
assistance for employees affected by lay-offs; motion
carried 5:0 by roll call vote.
ADDITIONAL COUNCIL COMMENTS:
Councilwoman Borgeson made a motion to direct staff to open up
negotiations with bargaining units to modify or refine the plan
adopted. Mayor Nimmo mentioned that the employee groups are free
to come forth with proposed changes without need for a formal
action by the Council. Other members of Council agreed. The
motion failed for lack of a second.
Councilman Bewley indicated that he would like to see staff look
into a four-day work week and what savings would result from
closing City Hall one day per week. Mayor Nimmo suggested that
this matter could be brought back during the mid-year budget
review. Councilman Bewley concurred.
CC1O/O8/92
Page 4
000025
THE MEETING WAS ADJOURNED AT 7:12 P.M.
MINUTES RECORDED AND PREPARED BY:
a
LE OIN, dit Clerk
CC1O/O8/92
Page 5
000026
MEETING AGENDA
+';..1Q 27 2 ITEM! B-4
CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH ENDING SEPTEMBER 30,1992
TABLE I: SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS
1992 1991
Beginning Cash Balance 4, 176, 104.01 6,547,792.21
Plus: Receipts 460,370. 18 519,289.00
Less: Disbursements (733,699. 15) (964,,207.20)
Ending Cash Balance 3,902,775.04 6, 102,874.01
Plus: Outstanding Transactions 100,835.36 81,458.91
Adjusted Cash Balance 4,003,610.40 6, 184,332.92
TABLE II: SCHEDULE OF INVESTMENTS
----------------------------------------------------------------------------------
Interest Interest Interest
Name Amount Rate For Month Yr-to-Date
Orange-County-Invest.-Pool--3,960,207.51 9.01% 108„659 23 108,659 23
L.A.I.F. 2,275.18 4.76% 10,568.17 10,568. 17
Mid State Bank 40, 177.71 2.97% 734.87 2,268.54
Petty Cash 950.00 N/A N/A N/A
TOTAL: 4,003,610 40 119,962.27 121,495.94
Key: N/A (Not Applicable)
L.A. I.F Interest Paid Quarterly
Orange County Investment Pool Interest Paid Quarterly
I certify that this report reflects all Governmental Agency pooled
investments and is in conformity with the Investment Policy of
the City of Atascadero as stated in Resolution No. 109-91 dated
12/10/91 . A copy of this Resolution is available at the Office
of the City Clerk. The Investment Program herein shown provides
sufficient cash flow liquidity to meet next month's estimated
expenditures.
SIGNED: --
Muriel Korba, City Treasurer
00002'7
TREASURER'S REPORT FOR THE PERIOD ENDING SEPTEMBER 30,1992
TABLE III: SCHEDULE OF CURRENT MONTH ACTIVITY/PRIOR YEAR VARIANCES
SEPTEMBER CURRENT PRIOR
DESCRIPTION 1992 YR-TO-DATE YR-TO-DATE VARIANCE
REVENUE
Property Taxes 0 26,844 39,453 -32.0%
Sales Tax 169,077 461,977 382,675 20.7%
Bed Tax 0 0 0 N/A
Prop. Transfer Tax 0 3,364 4,449 -24.4%
Franchise Fees 6,355 19,327 11,412 69.4%
Special Assessments 0 300 1,774 -83. 1%-
Business Licenses 3, 128 14,623 14,296 2.3%
Building Permits 8,258 31 ,885 90,371 -64.7%
Motor Vehicle Tax 211 ,766 211,766 214, 142 -1. 1%
Other State In-Lieu 2,955 2,955 5,784 -48.9%
Gas Tax Receipts 71,482 71,482 82,585 -13.4%
TDA Receipts 0 0 0 N/A
Other Intergov'al 6,768 57,814 66,506 -13. 1%
Recreation Fees 33,214 93,294 91,239 2.3%
Zoo Admissions 8, 170 33,294 24,218 37.5%
Planning Fees 27,712 39,557 41,021 -3.6%
Wastewater Fees 8,784 20, 183 9,347 115.9%
Development Fees 12,920 44,961 147,050 -69.4%
Dial-A-Ride Fares 3,020 7,845 6,621 18.5%
Police Services 658 1 ,714 1,563 9.6%
Weed Abatement 0 111 0 ERR
Other Fees/Charges 83 555 812 -31.6%
Fines & Forfeits 219 5,042 6,843 -26.3%
Interest Earnings 815 2,286 129,442 -98.2%
Other Rents/Cty.Crews 6,890 16,524 176 9290. 1%
Proceeds from Sales 0 5,900 500 1080.0%
Miscellaneous 299 2,218 21,325 -89.6%
---------------------------------------------
TOTALS 582,574 1,175,818 1,393,602 -15.6%
EXPENDITURES
General Gov't 16,704 55,212 60, 112 -8.2%
Police 154,518 473,232 511, 118 -7.4%
Fire 86, 175 254,703 290,719 -12.4%
Public Works/Eng. 15,098 43,586 87,492 -50.2% -_
Wastewater 53,875 125,997 116,333 8.3%
Dial-A-Ride 21 ,375 40,694 31,867 27.7%
Community Development 52,963 156,297 192,927 -19.0%
Recreation 36,261 137,635 190,601 -27.8%
Parks & Bldg. Maint 50,516 130,792 158,298 -17.4%
Zoo 16,577 49,209 50,257 -2. 1%
Streets 46,794 128,915 114,085 13.0%
Admin. Services 26,654 256,008 287,773 -11.0%
Non-Departmental 17, 123 107,920 124,006 -13.0%
Major Capital 141 ,087 200,834 301,897 -33.5%
Debt Service/Trust 0 158,539 102,241 55. 1%
--------------------------------------------
TOTALS 735,720 2,319,572 2,619,725 -11.5%
NET SURPLUS/(DEFICIT) (153, 146) ( 1,143,754) (1,226,122) -6.7%
000028
TREASURER'S REPORT FOR THE PERIOD ENDING SEPTEMBER 30,1992
TABLE IV. BUDGET-TO-ACTUAL REPORT: CURRENT AND PRIOR YEARS
CURRENT CURRENT COLL/ PRIOR PRIOR COLL/
DESCRIPTION BUDGET YR-TO-DATE SPENT BUDGET YR-TO-DATE SPENT
REVENUES
Property Taxes 2,456,500 26,844 1. 1% 2,306,500 39,453 1.7%
Sales Tax 1 ,850,000 461 ,977 25.0% 1,720,000 382,675 22.2%
Bed Tax 110,000 0 0.0% 105,000 0 0.0%
Prop. Transfer Tax 50,000 3,364 6.7% 35,000 4,449 12.7%
Franchise Fees 405,000 19,327 4.8% 380,000 11 ,412 3.0%
Special Assessments 151 ,753 300 0.2% 151,753 1,774 1 .2%
Business Licenses 110,000 14,623 13.3% 110,000 - 14,296 13.0%
Building Permits 306,000 31 ,885 10.4% 225,000 90,371 40.2%
Motor Vehicle Tax 850,000 211,766 24.9% 800,000 214, 142 26.8%.
Other State In-Lieu 61 ,000 2,955 4.8% 75,700 5,784 7.6%
Gas Tax Receipts 419,500 71,482 17.0% 416, 162 82,585 19.8%
TDA Receipts 367,300 0 0.0% 417,917 0 0.0%
Other Intergov'al 295,000 57,814 19.6% 632,400 66,506 10.5%
Recreation Fees 379,470 93,294 24.6% 419,550 91,239 21.7%
Zoo Admissions 120,500 33,294 27.6% 72,500 24,218 33.4%
Planning Fees 174,400 39,557 22.7% 178,923 41,021 22.9%
Wastewater Fees 690,200 20, 183 2.9% 690,200 9,347 1 .4%
Development Fees 257,000 44,961 17.5% 717,000 147,050 20.5%
Dial-A-Ride Fares 35,000 7,845 22.4% 36,000 6,621 18.4%
Police Services 6,500 1 ,714 26.4% 6, 100 1 ,563 25.6%
Weed Abatement 40,000 111 0.3% 40,000 0 0.0%
Other Fees/Charges 4,000 555 13.9% 57,650 812 1.4%
Fines & Forfeits 60,900 5,042 8.3% 82,050 6,843 8.3%
Interest Earnings 442,400 2,286 0.5% 392,920 129,442 32.9%
Rentals 48,600 16,524 . 34.0% 2,000 176 8.8% -
Proceeds from Sales 101 ,000 5,900 5.8% 190,000 500 0.3%
Miscellaneous 80,500 2,218 2.8% 149,000 21,325 14.3%
------------------------------------- ----------------------
TOTALS 9,872,523 1,175,818 11.9% 10,409,325 1,393,602 13.4%
EXPENDITURES
General Gov't 292,005 55,212 18.9% 363,085 60, 112 16.6%
Police 2,215, 190 473,232 21.4% 2, 156,000 511, 118 23.7%
Fire 1 ,092,750 254,703 23.3% 1,202,500 290,719 24.2%
Public Works/Eng. 249,700 43,586 17.5% 361 ,405 87,492 24.2%
Wastewater 1 , 142,455 125,997 11 .0% 808,960 116,333 14.4%
Dial-A-Ride 315,475 40,694 12.9% 256,745 31 ,867 12.4%
Community Development 709,460 156,297 22.0% 809,917 192,927 23.8% -
Recreation 486,785 137,635 28.3% 572,630 190,601 33.3%
Parks & Bldg. Maint. 567,045 130,792 23. 1% 625,700 158,298 25.3%
Zoo 220,340 49,209 22.3% 221 ,275 50,257 22.7%
Streets 642,000 128,915 20. 1% 656,425 114,085 17.4%
Admin. Services 588,725 256,008 43.5% 668,635 287,773 43.0%
Non-Departmental 483,200 107,920 22.3% 775,820 124,006 16.0%
Major Capital 3,689,300 200,834 5.4% 5,295,300 301 ,897 5.7%
Debt Service/Trust 360,756 158,539 43.9% 402,692 102,241 25.4%
---------------------------------------.--------
TOTALS 13,055,186 2,319,572 17.8% 15, 177,089 2,619,725 17.3%
NET SURPLUS/(DEFICIT) (3, 182,663)(1 , 143,754) 35.9% (4,767,764)(1,226, 122) 25.7%
000029
•
CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH ENDED SEPTEMBER 30,1992
TABLE V: SCHEDULE OF SIMPLIFIED BALANCE SHEETS, -SELECTED FUNDS
GENERAL GAS DEVELOPER TREE
FUND TAX FEES FUND
-----------------------------------------------
ASSETS:
Cash (834,775) 1,181,056 547,750 27,517
568,354 23,709 17,958 1,505
Other Assets ___________ ------ -----------
Total Assets
_-(266,421) 1,204,765 565,708 29,022
LIABILITIES
412,089 0 0 290
FUND EQUITIES:
Fund Balance-Reserved 38,300 9, 148
0 0
Fund Balance-Unreserved (7.16,810) 1 ,195,617 565,708 28,732
__ _ __ _ ----------
Total Fund Equity (678,510) 1 ,204,765 565,708 28,732
TOTAL LIABILITY+EQUITY --(266,421) -1_204,765- ---565-708- _---29,022-
DIAL-A-RIDE WASTEWATER
ZOO FUND OPERATING OPERATING
---------------------------------
ASSETS:
Cash (1,310) ( 189,935) 3,037,228
0 105,692 8,623,916
Other Assets ____---_--
Total Assets ----(1_310) ---(84,243) 11 ,661, 144-
LIABILITIES 5,520 0 1,454,879
FUND EQUITIES:
Fund Balance-Reserved 0 105,361 8, 187,618
Fund Balance-Unreserved (6,830) (189,604) -2,018,647-
-----------
Total Fund Equity (6,830) (84,243) 10,206,265
TOTAL'LIABILITY+EQUITY ----(1_310) ---(84,243) 11 ,661,144-
.
000030
i
TREASURER'S REPORT FOR THE PERIOD ENDING SEPTEMBER 30,1992
Notes to the Treasurer's Report:
1. The numbers in Tables I and II are cash based; Tables III ,
IV and V are accrual-based. Thus, Tables I and II measure
cash actually received or spent during the month; the other
tables present revenues earned and expenditures incurred,
regardless of when the actual receipt or disbursement
occurs. As a result, figures from the two sets of tables
are not expected to tie-in together.
2. The Adjusted Cash Balance in Table I includes checks still
outstanding. This figure ties-in to the total amount of
invested funds (including the City's checking account with
Mid-State Bank) .
3. Tables III and IV: Interfund Transfers are not included'..
4. Table V. Modified Balance Sheets
a.) The funds selected cover the bulk of the City's
operating funds. Other funds may be included, as directed
by Council .
b. ) Gas Tax includes LTF/Non-Transit monies; Developer Fees
include all impact fees (except Amapoa-Tecorida) .
c. ) The Unreserved Fund Balance represents that portion of a
particular fund available for any purpose for which the fund
was established. It is a more useful figure than the cash
balance for that fund.
1, Mark Joseph, do hereby certify that the above information is
accurate and reflects the City's financial position for the
period specified. However, the information in these reports is
unaudited, and may therefore be subject to future revisions.
s
Mark Joseph, Finance Director
i
000031
REPORT TO CITY COUNCIL Agenda Items B-5
• CITY OF ATASCADERO
Through: Ray Windsor, City Manage Meeting Date: 10/27/92
From: Mark Joseph, Administrative Services Director
SUBJECT: Annual Claim for Local Transportation Funds.
RECOMMENDATION: Adopt Resolution 95-92, authorizing the filing
of a claim for Local Transportation Funds.
BACKGROUNDIDISCUSSION:
The City annually files a claim for its share of local
transportation funds. Our efforts are coordinated through the
SLO Council of Government (SLO-COG) . Funds are used to cover
local transit needs (i.e. , Dial-A-Ride) ; two percent is earmarked
for Bike/Pedestrian Bikeways; and any remaining balance may be
used for streets and roads.
Most of the current year's claim will be assigned to Dial-A-
Ride. Unfortunately, the actual amount is less than budgeted.
As a result, if funds are needed to cover the Dial-A-Ride
expenses, transfers will be required from the LTF/Non-Transit
. Fund. Staff will monitor the situation and return to Council if
transfers are required.
The table below shows the budget versus claim amount, by
category.
Table One: FY 92-93 LTF Budget vs. Claim
CATEGORY BUDGET CLAIM VARIANCE
Dial-A-Ride (LTF) 320,000 284,770 (35,230)
Dial-A-Ride (STA) -0- 817 817
DAR, Subtotal 320,000 285,587 (34,413)
Bike/Pedestrian Rtes. 7,300 8,647 1,347
Streets/Roads (LTF) 40,000 -0- (40,000)
City Total 367,300 294,234 (73,066)
Amounts Reserved for
Regional Transit/Admin. -0- 133,984 133,984
Grand Total 367,300 428,218 60,918
a:LTFUNDS
• #13a
000032
REPORT TO CITY COUNCIL Agenda Item: B-3
CITY OF ATASCADERO
Through: Ray Windsor, City Manager Meeting Date: 10/13/92 _
From: Mark Joseph, Administrative Services Director
SUBJECT: Annual Claim for Local Transportation Funds. -
RECOMMENDATION: Adopt Resolution 95-92, authorizing the filing
of a claim for Local Transportation Funds.
BACKGROUND/DISCUSSION:
The City annually files a claim for its share of local
transportation funds. Our efforts are coordinated through the
SLO Council of Government (SLO-COG) . Funds are used to cover
local transit needs (i.e. , Dial-A-Ride) ; two percent is earmarked
for Bike/Pedestrian Bikeways; and any remaining balance may be
used for streets and roads.
Most of the current year' s claim will be assigned to Dial-A-
Ride. Fortunately, the amount the City is actually eligible to
claim is higher than budgeted; the result is more can be used
towards street improvements.
The table below shows the budget versus claim amount, by •
category.
Table One: FY 92-93 LTF Budget vs. Claim
CATEGORY BUDGET CLAIM INCREASE
Dial-A-Ride (LTF) 120,000 120,000 -0-
Dial-A-Ride (STA) -0- 817 817
DAR, Subtotal 120,000 120,817 817
Bike/Pedestrian Rtes. 7,300 8,647 - 1,347
Streets/Roads (LTF) 40,000 98,754 58,754
Totals 367,300 428,218 60,918
a:LTFUNDS
#13a
•
000033
40009618-
RESOLUTION NO. 95-92
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
AUTHORIZING THE FILING OF A CLAIM FOR LOCAL -
TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE
FUNDS IN COMPLIANCE WITH THE TRANSPORTATION
DEVELOPMENT ACT
WHEREAS, Articles 4 and 8 of Chapter 4 of the Public'Utilities
Code requires claims for operating funds to be '' filed with the
transportation planning agency by local transportation operators;
and
WHEREAS, the City of Atascadero is eligible for transportation
funds as provided in Chapter 4 of the Public Utilities Code; and
WHEREAS, the San Luis Obispo Area Coordinating Council is the
designated transportation planning agency for San Luis Obispo
County.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Atascadero does hereby authorize the filing of a claim for Local
Transportation Funds in the amount of $428, 218. If additional LTF
funds become available said funds shall be used for the purpose of
street maintenance. The claim form is attached hereto marked
Exhibit A and by reference thereof made a part hereof.
On motion by Councilman and seconded by
Councilman the foregoing resolution is hereby
adopted in its entirety on the following vote:
AYES:
NOES:
ABSENT:
DATE:
ATTEST:
LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ARTHER MONTANDON MARK JOSEPH
City Attorney Director of Administrative
Services
000034
ANNUAL CLAIM
FOR LOCAL TRANSPORTATION FUNDS AND
STATE TRANSIT ASSISTANCE FUNDS
CLAIM #IM-AT-MLO-3
FISCAL YEAR 1992/8
TO: San Luis Obispo Council of Gover6ents
County Government Center
San Luis Obispo, CA 93408
FROM: CLAIMANT: CITY OF ATA.IgWERO
ADDRESS: 6500 PALMA STREET
f
CITY: ATASCADERO ZIP CODE: 93422
CONTACT: MMK JOSEPH, FINANCE PHONE: 461=5017
This claimant, qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests,
In accordance with Chapter 1400, Statutes of 1971, as amended and applicable rules and
regulations, that an allocation be made for the purposes and In the respective amounts as
described In the attached Project and Financial Plan claim form.
ay Annual (1-TF) Apportionment $ 427,401
1) Annual Bicycle/Ped. Apportionment$ 8,647
b) Annual (STA) Funds $ 817
1) Operator Revenues $ 817
2) Apportionment $ 0
TOTAL FUNDS BEING CLAIMED ARE $ 428,218
Claimant Signature:
Title:
Date:
This claim was approved by San Luis Obispo Council of Governments at their August 6, 1992 _
meeting, by Resolution No. 9213.
Aw xI Y*A
Ronald L De Carii, Executive Dlroao-r Date
000035
-98002$'
MEETING AGENDA
DATE_1a/ZUg2 ITEM/ R_h
(Cont'd from 10/13/92)
RESOLUTION NO. 96-92
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
REVISING THE CITY'S SALARY/CLASSIFICATION SCHEDULE
FOR FISCAL YEAR 92/93
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Atascadero does hereby ratify:
Section 1. Position and Salary Allocation Schedule. The
schedule and salary of positions allocated by Department and Job
Classification shall be as set forth in Exhibits I and II,_ attached
to this resolution and made a part of this resolution.
Section 2. Effective Date. The effectivedate of this
resolution shall be October 13, 1992.
Section 3. Deleted/Added Classifications. The following
positions are deleted from the schedule adopted by Resolution No.
71-92:
Building Official
Compliance Official
Assistant Finance Director
Police Agent
The following classifications are added as per the attached
schedule:
Senior Building Inspector
Accountant
Section 4. Amendments. Amendments changing either the job
classification or the number of positions shall be by Council
resolution.
On motion by Councilmember , seconded by Council-
member , the foregoing resolution is hereby adopted in
its entirety on the following vote:
AYES:
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO
ATTEST:
By:
ROBERT P. NNIMMO, Mayor
LEE RABOIN, City Clerk
000036
RESOLUTION NO. 96-92
Page Two
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
00003'7
EXHIBIT I, RES. NO. 96-92
(Page 1 of 2)
CITY OF ATASCADERO
PERMANENT POSITIONS ALLOCATED
FOR FISCAL YEAR 1992-93
(Revised 10/92)
Positions Allocated
Authorized Funds
CITY CLERK: FY 92193 FY 92/93
Administrative Secretary 1.0 1.0
Department Total 1.0 - 1.0
CITY MANAGER:
City Manager 1.0 1.0
Personnel Coordinator 1.0 1.0
Secretary to the City Manager 1.0 1.0
Department Total 3.0 3.0
POLICE DEPARTMENT:
Chief of Police 1.0 1. 0
Police Lieutenant 2.0 2. 0
Police Sergeant 5.0 5. 0
Police Officer 20.0 20. 0
Support Services Manager 1. 0 1.0
Support Services Lead Technician 1.0 1.0
Support Services Technician 7.5 6.5*
Department Total 37.5 36.5
FIRE DEPARTMENT:
Fire Chief 1.0 1.0
Battalion Chief 2.0 1. 0
Fire Captain 4.0 4. 0
Fire Engineer 7. 0 7.0
Firefighter 2.0 2. 0
Administrative Secretary 1.0 1.0
Office Assistant I 0.5 0.0**
Department Total 17.5 16.0
PUBLIC WORKS:
Director of Public Works/City Engineer 1. 0 1.0
Senior Civil Engineer 1. 0 0.0*
Associate Civil Engineer 1.0 0. 0*
Engineering Technician II 2.0 0.0**
Administrative Analyst 1.0 1.0
Administrative Secretary 1.0 1.0
Office Assistant I 0.5 0.0**
000038
EXHIBIT I RES. NO. 96-92
(Page 2 of 2)
Positions Allocated
Authorized Funds
PUBLIC WORKS,
cont'd: FY 92/93 FY 92 93
Chief of Wastewater Operations 1.0 1.41.0 1. 0
Wastewater Treatment Operator III 1.0 1.0
Wastewater Treatment Operator II 1.0 1.0
Wastewater Treatment Operator I .0
Wastewater Treatment Operator-in-Training 12.5 1 1.0
Department Total
COMMUNITY DEVELOPMENT:
Director of Community Development 1.0 1. 01.0 1.0
City Planner 1. 0 1. 0
Senior Planner 1.0 1.0
Associate Planner 1.0 0.0**
Assistant Planner 1.0 0. 0**
Planning Technician 1.0 1.0
Plan Check Engineer 2.0 2.0
Senior Building Inspector 1.0 0.0**
Building Inspector II 1.0 1.0
Building Technician 1.6 1. 0**
Administrative Secretary 1.0 1.0
Office Assistant II 13.6 10.0
Department Total
COMMUNITY SERVICES: 0
Director of Community Services 1.0 1.0
1.0 1. 0
Zoo Director 2.0 2.0
Recreation Supervisor 1.0 1.0
Administrative Secretary 1.0 1.0
Office Assistant I 1.0 1.0
Park Supervisor 1.0 1.0
Maintenance Leadworker 8. 0 8.0
Maintenance Worker II 5.0 5.0
Maintenance Worker I 1.0 1.0
Street Maintenance Supervisor 1.0 0. 0**
Building Maintenance Specialist 23.0 22.0
Department Total
ADMINISTRATIVE SERVICES:
Director of Administrative Services 1.0 1.0
1. 0 1.0
Accountant 1. 0 1.0
Administrative Secretary 1.0 1.0
Finance Technician 1.0 1. 0
Account Clerk II 2.0 2.0
Account Clerk I 7 .0 7 .0
Department Total
TOTAL FULL-TIME, PERMANENT POSITIONS 115.1 103.5 .
* Vacant due to hiring freeze
** Vacant due to lay-off
00003'.
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000043
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-7
Through: Ray Windsor, City Manageril Meeting "Date: 10/27/92
File No: TPM 92-006
From: Henry Engen, Community Development Director ?A44
SUBJECT•
Request to divide a 2 . 28 acre lot into two (2) parcels of 1. 0 and
1. 28 acres for single family residential use at 10060 Atascadero
Avenue (Kris & Jim Hazard/Robert Tartaglia) .
RECOMMENDATION•
Per the Planning Commission's recommendation, approval of Tentative
Parcel Map 92-006 based on the Findings and subject to the revised
Conditions of Approval (attached) .
BACKGROUND•
On October 61 1992 , the Planning Commission conducted a public
hearing on the above-referenced subject and, on a 7: 0 vote,
recommended approval of the parcel map request subject to the
revised Conditions of Approval which eliminated the road improve-
ment conditions. There was brief discussion and public testimony
as evidenced in the attached minutes excerpt.
HE:ph
Attachment: Staff Report - October 6, 1992
Revised Conditions of Approval
Minutes Excerpt - October 6, 1992
cc: Jim & Kris Hazard
Robert C. Tartaglia
0
000044
CITY OF ATASCADERO Item: B_2
STAFF REPORT
FOR: Planning Commission Meeting Date: October 6, 1992
BY: Gary Kaiser, Associate Planner' File No: TPM #92006
SUBJECT:
Consideration of a tentative parcel map application to divide a
2.28-acre lot into two (2) parcels of 1.0 and 1.28 acres for
single family residential use.
RECOMMENDATION•
Staff recommends approval of Tentative Parcel Map #92006 based on
the Findings contained in Attachment E and the Conditions of
Approval contained in Attachment F.
A. SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Kris and Jim Hazard
2. Representative. . . . . . .. . . . . . . . . . . . . . . . .Robert C. Tartaglia
3. Project Address. . . . . . . . . . . . . . . . . 10060 Atascadero Avenue
4. Legal Description. . . . . . . . . . . . . . . . . . .Lot 6, Block 33, A.C.
5. Site Area. . . . . . . . . . . .2.42 acres (gross) ; 2.28 acres (net)
6. Zoning. . . . . . . . . . . . . . . . . .RSF-Y (Residential Single Family)
7. General Plan Designation. . . . . . .Mod. Density Single Family
8. Existing Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SFR; 1 Duplex
9. Environmental Status. . . . . . . . . .Negative Declaration posted
September 15, 1992
B. ANALYSIS•
The project site is located on the southwest side of Atascadero
Avenue, approximately 400 feet south of its junction with San
Gabriel Road (Attachments A & B) . Said property has frontage on
both Atascadero Avenue and San Gabriel Road. As shown by the
tentative parcel map (Attachment C) , the applicant requests
approval of a tentative parcel map application to subdivide the
2.28-acre site into two (2) parcels of 1.0 and 1.28 acres (net) .
1 Is
00004500
Minimum Lot Size/Density
The General Plan Update adopted by the City Council on January
14, 1992 (Land Use, Conservation & Open Space Elements) resulted _
in the Urban Services Line being shifted to include the subject
property. Correspondingly, the land use designation of the site
was also changed from Suburban Single Family to Moderate Density
Single Family. These actions made the filing of the current
application possible.
The minimum lot size in the RSF-Y zone, wherein the project site
is now located, is one ( 1) acre when sewers are available and 1.5
acres when sewers are not available. Therefore, if both of the
currently-proposed parcels are to be served by sewer services a
minimum lot size of 1 acre (gross) may be used. Since the site
is not of sufficient acreage to meet a 1.5-acre minimum lot size,
sewer service is a prerequisite to approval of this subdivision.
It should be noted that gross acreage (which includes abutting
road right-of-ways, regardless of ownership) may be used toward
meeting minimum lot size requirements in the RSF-Y, zone.
However, both of the parcels currently being proposed meet the 1-
acre minimum lot size using net area only.
Subdivision Design
The topographic information shown on the tentative map is helpful
in visualizing the "lay of the land. " However, the map tends to
exaggerate the relief of the site by showing one-foot contours at
a 1" = 30' scale. The drainage swale shown across proposed
Parcel 1, for example, appears rather inconsequential in the
field. The average slope of the site is actually less than 5%.
The lot line between proposed Parcels 1 & 2 has been logically
positioned on the site, and serves to retain as much area as
possible on proposed Parcel 2 (where the applicant' s existing
residence is located) . Proposed Parcel 1 would have frontage on
San Gabriel Road. There are no existing improvements on proposed
Parcel 1, yet there does exist an obvious building site which
could easily be developed with no grading, tree removals - or other
significant adverse site impacts. A sewer line easement across
proposed Parcel 2 is shown on the tentative map to serve a future
residence on proposed Parcel 1. This proposal has been reviewed
and conceptually approved of by the Public Works Department' s
Wastewater Division.
Proposed Parcel 2, which would have frontage on Atascadero
Avenue, would contain all existing site improvements, including:
one single family residence; one duplex, an accessory shop
building, a detached garage, and two (2) septic/leachfield
systems.
s 2
00004IG �D�
As stated, the project site contains either a non-conforming
condition or illegal condition, depending on whether or not each
of the three (3) residential structures were established legally.
Regardless of whether or not the existing three (3) residences on
proposed Parcel 2 are legal-nonconforming" or illegal, staff _
feels strongly that a condition of approval should be imposed
(should the project be approved) to bring the site into
conformance with Zoning Ordinance requirements. Such a condition
of approval is included in Attachment F. Please note that
staff ' s recommendation in this regard involves not only- removing
kitchen facilities from the duplex structure, thereby making the
structure a guest house, but requires the size of that building
be reduced to comply with the Zoning Ordinance requirement that
residential accessory buildings be "clearly incidental and
secondary to the residence. " Finally, the existing residence on
proposed Parcel 2 has a nonconforming front setback of nineteen
( 19) feet. The project would not worsen this situation, and it
is not thought so problematic as to frustrate approval of this
application.
Environmental Review
An Initial Study has been conducted for the project, -and a
Negative Declaration has been prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA) .
A copy of the Negative Declaration cover sheet is included in
Attachment D
Basically, the project would result in an additional residential.
parcel in the neighborhood which would conform to lot
size/density standards of the General Plan and would be
consistent with surrounding land uses. The one (1) additional
lot could easily be developed without any tree removals or a
significant amount of grading. This project is not thought to
have the potential to result in significant adverse impacts on
the environment.
Review of Other Agencies
The project has been referred to all potentially affected public
agencies for review and comments. Those comments warranting
conditions of approval have come exclusively from other City
Departments and have been included in Attachment F. Of
noteworthiness would be the Fire Department' s requirement to
upgrade a nearby fire hydrant and the Public Works Department' s
requirements to connect both existing and future improvements to
public sewer and complete certain street improvements per City
Standards. The Planning staff supports all of these conditions.
3
00004'7
CONCLUSIONS:
• This is a fairly straight forward application which, with the
attached conditions of approval, satisfies applicable provisions
of the Zoning Ordinance, Subdivision Ordinance, and Atascadero _
Municipal Code. The new building site which would be created on
proposed Parcel 1 is indeed suitable for development and would
have little impact on the environment. Staff supports this
proposal, but feels strongly that conditions of approval
contained herein are necessary to correct existing; nonconforming
conditions and to ensure that existing buildings are connected to
public sewer.
ATTACHMENTS:
Attachment A - Location Map (General Plan)
Attachment B - Location Map (Zoning)
Attachment C - Tentative Parcel Map
Attachment D - Negative Declaration
Attachment E - Findings for Approval
Attachment F - Conditions of Approval
TPM-92006.sr
4
000048 W-'
ATTACHMENT A
N� Location Map (Gen. Plan)
CITY OF ATASCADERO TPM 92006
CAa COMMUNITY DEVELOPMENT
DEPARTMENT
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ATTACHMENT C
CITY OF ATASCADERO Tentative Parcel Map
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COMMUNITY DEVELOPMENT
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000053 �o�
ATTACHMENT E - Findings for Approval
Tentative Parcel Map #92006
10060 Atascadero Avenue (Hazard/Tartaglia)
October 6, 1992
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the-project
is adequate.
MAP FINDINGS:
1. The proposed subdivision, with conditions of approval `
contained herein, is consistent with applicable General and
Specific Plans.
2. The design and/or improvement of the proposed subdivision,
with conditions of approval contained herein, is consistent
General and cable G Specific Plans.
applicable with pp
3. The site is physically suitable for the type of development
proposed.
4. The site is physically icall suitable for the density of the
development proposed.
5. The design of the subdivision, and/or the proposed
improvements, will not cause substantial environmental
damage or substantially and avoidably injure fish and
wildlife or their habitat.
6. The design of the subdivision, and the type of the
improvements, will not conflict with easements acquired by
the public at large for access through or the use of
property within the proposed subdivision; or substantially
equivalent alternate easements are provided.
7 . The proposed subdivision design, and/or the type of
improvements proposed, will not cause serious public health
problems.
TPM92006.fin
000053
ATTACHMENT F - Conditions of Approval
Tentative Parcel Map #92006
10060 Atascadero Avenue (Hazard/Tartaglia)
October 6, 1992
CONDITIONS OF APPROVAL
1. The existing duplex shall be modified to satisfy Zoning
Ordinance requirements for residential accessory -structures
(clearly incidental and secondary to the main building,
utilities tied to main building, no kitchen facilities, etc. )
prior to accepting the final map for review. Said work shall
be performed pursuant to an approved building permit.
2. All new utility connections shall be placed underground.
3. As required by Section 7-3.003 of the Atascadero Municipal
Code, existing improvements on proposed Parcel 2 shall be
connected to public sewer. This work, plus abandonment of
existing septic/leachfield systems, shallbe completed
pursuant to an approved building permit prior to the
recordation of the final map.
Fire Department Conditions
4. Prior to recordation of the final map, the applicant shall
upgrade the existing fire hydrant located at the intersection
of Atascadero Avenue and San Gabriel Road.
Public Works Department Conditions
5. Water shall be obtained from the Atascadero Mutual Water
Company. Water lines shall be extended to the (property line)
frontage of each parcel, or its public utilities easement
prior to the recording of the final map.
6. All existing and proposed utility, pipeline, open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements,
they shall be noted on the final map.
7. All relocation and/or alteration of existing utilities shall
be the responsibility of the developer.
8. Road improvement plans prepared by a registered civil engineer
shall be submitted for review and approval by the Public Works
Department, prior to the recording of the map. Road
improvements shall include, but not be limited to the
following;
a. Pavement widening of Atascadero, and San Gabriel Avenues
according to City of Atascadero Standard 403. Said
widening shall be along the entire property frontages, or
(f/
000054 /
as directed by the Director of Public Works.
b. R-value testing shall be done, and the pavement section
designed by a registered civil engineer to the
satisfaction of the Director of Public Works, prior to
the start of construction.
9. An encroachment permit shall be obtained from the City of
Atascadero Public Works Department prior to the start of
construction. The applicant shall enter into an -Inspection
Agreement with the City guaranteeing that the work will be
done to a standard acceptable to the Director of Public Works
and that the inspections are paid for. The applicant shall
pay the City the current rate for inspection of the public
improvements.
10. All public improvements shall be covered with a 100%
Performance Guarantee and a 50% Labor and Materials Guarantee
until the public improvements are deemed substantially
complete by the City Public Works Department. Prior to the
final inspection of the public improvements, and before the
other guarantees mentioned in this condition are released, a
10% Maintenance Guarantee shall be posted to cover the public
improvements for a period of 1 year after the final
inspection. The guarantee amounts shall be based on an
engineer' s estimate submitted by the project engineer and
approved by the Public Works Department. The Guarantees
posted for this project shall be cash deposit or a letter of
credit.
11. Construction of the public road improvements shall be
completed, or bonded for prior to the recording of the map.
12. Applicable annexation fees [for sewer] shall be paid for prior
to the recording of the final map.
13. A grading and drainage plan prepared by a registered civil
engineer shall be submitted for review and approval by the
Public Works Department, prior to the issuance of any building
permits.
14. Drainage facilities shall be constructed to City of Atascadero
Standards. All work shall be completed, or bonded for prior
to recording of the final map.
15. All lot grading, and drainage improvements shall require
written statement by a registered Civil Engineer that all work
has been completed and is in full compliance with the approved
plans.
16. All grading, and erosion control measures shall be designed by
a registered Civil Engineer and constructed in accordance with
the City of Atascadero grading codes and standards.
r r
000055
17. Offer to dedicate a 6 '-0" PUE to the public along the property
frontage for utility purposes. Said offer of dedication shall
be completed, and recorded prior to, or in conjunction with
the recording of the map.
18. A final map in substantial conformance with the approved
tentative map and in compliance with all conditions set forth
herein shall be submitted for review and approval in
accordance with the Subdivision Map Act and the City' s
Subdivision Ordinance prior to the recording of the -final map.
a. Monuments shall be set at all new property corners by a
Registered Civil Engineer or Licensed Land Surveyor as
required by the Land Surveyors Act and Subdivision Map
Act. Monuments set within any road right of -way shall
conform to city standard drawing M-1.
b. Pursuant to section 66497 of the Subdivision Map Act the
engineer or surveyor shall notice the City Engineer in
writing that the monuments have been set.
C. A recently updated preliminary title report shall be
submitted for review in conjunction with the processing
of the final map.
d. A preliminary subdivision guarantee shall be submitted
for review in conjunction with the processing of the
final map.
19. Approval of this tentative map shall expire two (2) years from
the date of final approval, unless an extension of time is
granted pursuant to a written request received prior to the
expiration date.
i
0000,6
REVISED CONDITIONS OF
APPROVAL - 10/06/92
ATTACHMENT F - Conditions of Approval
Tentative Parcel Map #92006
10060 Atascadero Avenue (Hazard/Tartaglia)
Revised by Planning Commission at October 6, 1992 hearing
CONDITIONS OF APPROVAL
1. The existing duplex shall be modified to satisfy Zoning
Ordinance requirements for residential accessory structures
(clearly incidental and secondary to the main. building,
utilities tied to main building, no kitchen facilities, etc. )
prior to accepting the final map for review. Said work shall
be performed pursuant to an approved building permit.
2. All new utility connections shall be placed underground.
3. As required by Section 7-3.003 of the Atascadero Municipal
Code, existing improvements on proposed Parcel 2 shall be
connected to public sewer. This work, plus abandonment of
existing septic/leachfield systems, shall be completed
pursuant to an approved building permit prior to the
recordation of the final map.
Fire Department Conditions
4. Prior to recordation of the final map, the applicant shall
upgrade the existing fire hydrant located at the intersection
of Atascadero Avenue and San Gabriel Road.
Public Works Department Conditions
5. Water shall be obtained from the Atascadero Mutual Water
Company. Water lines shall be extended to the (property line)
frontage of each parcel, or its public utilities easement
prior to the recording of the final map.
6. All existing and proposed utility, pipeline, open space, .or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements,
they shall be noted on the final map.
7. All relocation and/or alteration of existing utilities shall
be the responsibility of the developer.
8. ' Applicable annexation fees (f or sewer] shall be paid for prior
to the recording of the final map.
9. All lot grading, and drainage improvements shall require
written statement by a registered Civil Engineer that all work
has been completed and is in full compliance with the approved
plans.
00005'7
{
10.` All grading, and erosion control measures shall be designed by
a registered Civil Engineer and constructed in accordance with
the City of Atascadero grading codes and standards.
11- L Offer to. dedicate a V -0" PUE to the public along the property
frontage for utility purposes. Said offer of dedication shall -
be completed, and recorded prior to, or in conjunction with
the recording of the map.
12. A final map in substantial conformance with the approved
tentative map and in compliance with all conditions set forth
herein shall be submitted for review and approval in
accordance with the Subdivision Map Act and the City' s
Subdivision Ordinance prior to the recording of the final map.
a. Monuments shall be set at all new property corners by a
Registered Civil Engineer or Licensed Land Surveyor as
required by the Land Surveyors Act and Subdivision Map.
Act. Monuments set within any road right of way shall
conform to city standard drawing M-1.
b. Pursuant to section 66497 of the Subdivision Map Act the
engineer or surveyor shall notice the City Engineer in
writing that the monuments have been set
C. A recently updated preliminary title report shall be
submitted for review in conjunction with the processing
of the final map.
d. A preliminary subdivision guarantee shall: be submitted
for review in conjunction with the processing of the
final map.
13. Approval of this tentative map shall expire two (2) years from
the date of final approval, unless an extension of time is
granted pursuant to a written request received prior to the
expiration date.
14. The applicant shall offer to dedicate to the City of
Atascadero for public road purposes all portions of the site
lying within twenty five (25) feet of the centerline of San
Gabriel Road. Said offer of dedication shall be recorded
prior to or in conjunction with the recordation of the final
map.
000058
KINUTES EXCERPT
CITY OF ATASCADERO
PLANNING COMMISSION
ACTION MINUTES
October 6, 1992
SUBJECT: B .2 . TENTATIVE PARCEL MAP 92-006
Application filed by Kris and Jim Hazard (Robert Tartaglia,
agent) to divide 2 .28 acres into two parcels of 1 .0 and 1 .28
acres for single family residential use. Said property is
located at 10060 Atascadero Ave.
STAFF RECOMMENDATION: Conditional Approval (Kaiser)
TESTIMONY:
Kris Hazard testified in favor of project approval with the
elimination of several recommended conditions of approval
regarding road improvements, fire hydrant upgrades, and the
requirement that the nonconforming accessory dwelling units be
brought into conformance with the Zoning Ordinance.
s
ACTION: Conditional approval with deletion of conditions 8, 9,
10, 11, 13, 14, and addition of condition re: ROW
dedication (see attached revised conditions of
approval)
Motion: Carden
Second: Lochridge
AYES : Edwards, Lochridge, Carden, Hanauer, Berger,
Miller, Johnson 0
NOES : None
ABSENT: None
000059
ATTACHMENT F - Conditions of Approval
Tentative Parcel Map #92006
10060 Ata"scadero Avenue (Hazard/Tartaglia)
October 6, 1992 (as revised 10-6-92 by Planning Commission action)
CONDITIONS OF APPROVAL
1 . The existing duplex shall be modified to satisfy Zoning
Ordinance requirements for residential accessory -structures
(clearly incidental and secondary to the main building,
utilities tied to main building, no kitchen facilities, etc. )
prior to accepting the final map for review. Said work shall
be performed pursuant to an approved building permit .
2 . All new utility connections shall be placed underground.
3 . As required by Section 7-3 .003 of the Atascadero Municipal
Code, existing improvements on proposed Parcel 2 shall be
connected to public sewer. This work, plus abandonment of
existing septic/leachfield systems, shall be completed
pursuant to an approved building permit prior to the
recordation of the final map.
Fire Department Conditions
4 . Prior to recordation of the final map, the applicant shall
S upgrade the existing fire hydrant located at the intersection
of Atascadero Avenue and San Gabriel Road.
Public Works Department Conditions
5 . Water shall be obtained from the Atascadero Mutual Water
Company. Water lines shall be extended to the (property line)
frontage of each parcel, or its public utilities easement
prior to the recording of the final map.
6 . All existing and proposed utility, pipeline, ,open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements,
they shall be noted on the final map.
7 . All relocation and/or alteration of existing utilities shall
be the responsibility of the developer.
8 . Read imprevement plans prepared by a registered e�vil- engineetr
shal! be submitted for review and approval by the Publie We
Department,
prior to the reeording of the map. Reai
but not be iifn�:ted to thei
a. pavefftent widerting of Ateseadere, and San Gabriel Avenues
000060
as direeted by the B�reeter of Ptiblie -Works .
b. R vaitte testing shall: be done, and the pave.1-11b bien
designed by a regtstered eivil engineer to the
t\VLAJ, prior
the start ef eenstruetion.
Agreement with the eity guaranteeing that the work will
done to a standard aeeeptable to the Bireeter of Publie We
,.d that
L. L L L eL .
ens are paid for. The app!!�eant sh
pay the eity the eurrent rate for inspeetion of the pub!
19 . All publie imprevefaents she!! be eevered with a 10
Perfermenee Guar—b— —d a 50% Leber and Materials Guarantee
L l the
publ 'iimprovements: are deemed substantia
LsL ...L_. _ 1 1
final
e +e n of the gubli / and 30efore
other guarantees mentiened in this eendition are released, a
10% ma+nbenanee
Guarantee
L.. sL. l 1 be posted L1 LaL4Ll -
V V V GL �..+LG
inspeetion. The gidarantee afftetints shell be based on an
est+fnate submitted by the prejeet engifteer and
posted fer this prejeet shall be eash deposit er & letter ef
eredit.
i
eempleted, or bonded for prier to the reeerding of- the
.
-48. Applicable annexation fees [for sewer] shall be paid for prior
to the recording of the final map.
3 . :A grading and drainage plan prepared by a registered eivil
shall be submitted fer review a apprevel by the
Publi .�P\eT7ls-17�r prier to the �:ssuanee 07.-GI311/ 3✓lli ldil 7
permits-
1of Ataseeder&4 . 1
"star dards der /
to reeer-ding of the final map.
4r59. All lot grading, and drainage improvements shall require
written statement by a registered Civil Engineer that all work
has been completed and is in full compliance with the approved
plans .
-1-610 . All grading, and erosion control measures shall be designed
by a registered Civil Engineer and constructed in accordance
with the City of Atascadero grading codes and standards.
000061
4411 . Offer to dedicate a 6' -0" PUE to the public along the
property frontage for utility purposes . Said offer of
dedication shall be completed, and recorded prior to, or in
conjunction with the recording of the map.
3-8x12 . A final map in substantial conformance with the approved-
tentative map and in compliance with all conditions set forth
herein shall be submitted for review and approval in
accordance with the Subdivision Map Act and the City' s
Subdivision Ordinance prior to the recording of the final map.
a. Monuments shall be set at all new property corners by a
Registered Civil Engineer or Licensed Land Surveyor as
required by the Land Surveyors Act and Subdivision Map
Act . Monuments set within any road right of way shall -
conform to city standard drawing M-1 .
b. Pursuant to section 66497 of the Subdivision Map Act the
engineer or surveyor shall notice the City Engineer in
writing that the monuments have been set.
C. A recently updated preliminary title report shall be
submitted for review in conjunction with the processing
of the final map.
d. A preliminary subdivision guarantee shall be submitted
for review in conjunction with the processing of the
final map.
3-313. Approval of this tentative map shall expire two (2) years -
from the date of final approval, unless an extension of time
is granted pursuant to a written request received prior to the
expiration date.
14. The applicant shall offer to dedicate to the City- of
Atascadero for public road purposes all portions of the site
lying within twenty-five (25) feet of the centerline of San
Gabriel Road. Said offer of dedication shall be recorded
prior to or in conjunction with the recordation of the final
map.
•
000062
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda 'Item: B-8
Through: Ray Windsor, City Manager Meeting 'Date: 10/27/92
File No: TPM 92-008
From: Henry Engen, Community Development Director ,
SUBJECT•
Request to divide two parcels of 1.73 acres total into three lots _
of 0.73 , 0. 50, and 0.50 acres each at 8475/8495 El Dorado Ave.
(Thomas & Linda Foran/Daniel Partington) (Cuesta Engineering) .
RECOMMENDATION•
Per the Planning Commission's recommendation, approval of Tentative
Parcel Map 92-008 based on the Findings and subject to the revised
Conditions of Approval (attached) .
BACKGROUND•
On October 6, 1992 , the Planning Commission conducted a public
hearing on the above-referenced subject and, on a 7 : 0 vote,
recommended approval of the parcel map request subject to the
revised conditions of Approval which clarified Conditions #3 .c and
#8. There was brief discussion and no public testimony as evi-
denced in the attached minutes excerpt.
HE:ph
Attachment: Staff Report - October 6, 1992
Minutes Excerpt - October 6, 1992
HE:ph
000063
CITY OF ATASCADERO Item: R_3
STAFF REPORT
FOR: Planning Commission Meeting Date: October 6, 1992
BY: Doug Davidson, Senior Planner File No: TPM 92008
SUBJECT:
Consideration of a request to divide two parcels of 1.73 acres
total into three lots of 0.73, 0.50, and 0.50 acres each.
RECOMMENDATION:
Staff recommends approval of Tentative Parcel Map 92008 based on
the Findings for Approval in Attachment E and the Conditions of
Approval in Attachment F.
SITUATION AND FACTS:
1. Owner. . . . . . . . . . . . . . . . . . . . . . . .Thomas Foran
Daniel Partington
2. Representative. . . . . . . . . . . . . . .Cuesta Engineering
3. Project Address. . . . . . . . . . . . . .8475/8495 E1 Dorado Ave.
4. General Plan Designation. . . . .High Density Single Family
Residential
5. Zoning District. . . . . . . . . . . . . .RSF-X
6. Site Area. . . . . . . . . . . . . . . . . . . .1.73 acres
7. Existing Use. . . . . . . . . . . . . . . . .Single family residences (2)
8. Environmental Status. . . . . . . . .Negative Declaration posted
on September 15, 1992.
ANALYSIS:
The request is a division of two parcels of 1.73 acres total into
three (3) lots of 0.73, 0.50, and 0.50 acres each (see Attachment
C) . The property is currently composed of two separate parcels,
each containing a single family residence. The proposed new
building site is Parcel #1; Parcels #2 and #3 would encompass the
existing residences. The proposed lot lines take into account
000064��
the existing structures, as well as the relocation of driveways
and utilities. Access to Parcel #3 is proposed off of Santa Fe
Rd. , while the existing driveway (and carport) off of E1 Dorado
Ave. to this parcel are to be removed.
The following analysis will focus on the proposal in light of the
City' s subdivision criteria contained in the Zoning Ordinance,
General Plan, and Subdivision Ordinance.
Zoning Ordinance Standards
The required minimum lot size in the RSF-X zone is one-half acre
net (net acreage does not include the adjacent street rights-of-
way) . This zone is designated for the higher density residential
single family land uses; the "X" suffix establishes the -minimum -
lot
he -minimumlot size.
General Plan Policies
Under the General Plan, the goal for land divisions is best
expressed in the Open Space policies (p.II-31) as follows:
"Attention shall be paid to the aesthetic result of land
division. Building sites shall be encouraged on natural
slopes, with minimum disruption of native vegetation and
watersheds by thoughtful placement of building site, private
sewage disposal fields, and access. Building designs
inappropriate for hillside locations shall not be approved. "
This is the City's fundamental requirement for new subdivisions.
Thus, simply meeting the minimum lot size criteria of the Zoning
Ordinance is not sufficient in itself; the subdivision must
result in harmonious and orderly development.
Subdivision Ordinance Requirements
The City' s Subdivision Ordinance contains similar policies on the
creation of new lots (Section 11-8.201. ) The foremost among them
reads that, "the design of lots should be based on intended use,
topography, and access requirements. Lots which are impractical
for intended uses due to terrain, location of natural features,
inadequate access, frontage or buildable area, or other physical
limitations will not be approved. " This is reflective of the
mandatory Subdivision Map Act Findings to ensure that the newly
created lots are physically suitable for the type and density of
proposed development.
Proposed Parcel Map
A review of the Parcel Map and site supports the creation of an
additional building site. Proposed Parcel #1 is mostly level
and all utilities, including sewer, are available to the site.
There is ample room for construction of a single family residence
and driveway outside the driplines of the native oaks. The
00006 3
resultant three lots are consistent with the neighborhood pattern
(Note: Attachment A contains the current lot configuration in •
the vicinity) .
The proposed subdivision was reviewed by the City' s Fire
Department and Engineering Division. The driveway from Santa Fe
Road to Parcel 3 must be improved to city standards and the fire
hydrant on the corner provided with adequate clearance. The
Engineering Division has approved the project subject to road
improvements along the entire street frontages. These _--
improvements will improve El Dorado and Santa Fe to City
standards.
CONCLUSIONS:
The proposed Parcel Map is appropriate in the High Density Single
Family area. The terrain and natural features of the newly
created building site (proposed Parcel #1) invites construction a
single family residence. The project upholds the City' s
subdivision policies and does not conflict with the lot
configuration or land use character of the neighborhood.
ATTACHMENTS: Attachment A - Zoning Map
Attachment B - General Plan Land Use Map
Attachment C - Tentative Parcel Map
Attachment D —Negative Declaration
Attachment E - Findings for Approval
Attachment F - Conditions of Approval
000066 ��
ATTACHMENT A
CITY OF ATASCADERO ZONING MAP
`— �N .4 COMMUNITY DEVELOPMENT TPM 92008
DEPARTMENT
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ATTACHMENT C
CITY OF ATASCADERO PARCEL MAP
.1a 1 TPM 92008
COMMUNITY DEVELOPMENT
DEPARTMENT
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i -
000069
ATTACHMENT D
CITY OF ATASCADERO
Ws ,,,, ENVIRONMENTAL COORDINATOR
NEGATIVE DECLA RATIO
COMMUNIZY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035
APPLICANT: THOMAS FORAN CUESTA ENGINEERING
PO BOX 702 6717 MORRO ROAD
SANTA MARGARITA, CA 93453-0702 ATASCADERO, -CA 93422
PROJECT TITLE: TENTATIVE PARCEL MAP 92-008
PROJECT LOCATION: 8475/8495 EL DORADO AVENUE
PROJECT DESCRIPTION: DIVISION OF TWO PARCELS OF 1 . 73 ACRES TOTAL INTO
THREE LOTS OF 0 . 73,0 .50, AND 0 . 50 ACRES EACH .
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 indtvidually limited,but comulatively 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:he initial study (made a part hereof by refer-
ence and on file in the Community Development Department). it has been determined that the above project
will not have an adverse impact on the environment.
Henry Engen
Community velopme hector
Date Posted: SEPTEMBER 15, 1992
Date Adopted:
cm!!-ea
0000'70
0
Attachment E - Findings for Approval
Tentative Parcel Map 92 008
8475/8495 El Dorado Ave.
October 6, 1992
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
is adequate.
MAP FINDINGS:
1. The proposed map is consistent with the applicable
General or Specific Plan.
2. The design and/or improvements of the proposed subdivision
is consistent with the applicable General or Specific Plan.
3. The site is physically suitable for the proposed type of
development.
4. The site is physically suitable for the proposed density of
development.
5. The design of the subdivision, as conditioned, and the
proposed improvements, will not cause substantial
environmental damage or substantially and avoidably injure
fish and wildlife or their habitat.
6. The design of the subdivision, and the type of the
improvements, will not conflict with easements acquired by
the public at large for access through or the use of
property within the proposed subdivision; or substantially
equivalent alternate easements are provided.
7. The design of the subdivision and/or the type of proposed
improvements will not cause serious health problems.
�q
0000'71 I
Attachment F - Conditions of Approval
Tentative Parcel Map 92 008
8475/8495 El Dorado Ave. (Foran/Partington/Cuesta Engineering)
October 6, 1992
CONDITIONS OF APPROVAL:
Engineering Conditions
1. Water shall be obtained from the Atascadero Mutual Water Co.
Water lines shall be extended to the property line frontage
of each parcel, or its public utilities easement, prior to
the recording of the final map.
2. All existing and proposed utility, pipeline, open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements,
they shall be noted on the final map. All relocation and/or
alteration of existing utilities shall be the responsibility
of the developer at his sole expense.
3. Road improvement plans, prepared by a registered civil
engineer, shall be submitted to the Community Development
Department for review and approval by the Engineering
Division prior to recordation of the final map. Plans shall
include, but not be limited to the following:
a. Pavement widening of E1 Dorado Ave. and Santa Fe
Rd. according to City standard 401 type B. Said
widening shall be along the entire property frontage,
or as directed by the Director of Public Works.
b. R-value testing shall be done, and the pavement section
designed to the satisfaction of the Director of Public
Works, prior to the start of construction.
C. A grading/drainage plan prepared by a registered civil
engineer shall be submitted for review and approval
prior to issuance of any building permits, or recording
of the final map. All grading, drainage and erosion
control measures shall be constructed to City
standards. These improvements shall be constructed or
bonded for prior to recording the map. All grading and
drainage improvements shall require a written statement
from the project engineer that all work has been
completed and is in compliance with the approved plans.
4. Construction of the public improvements shall be completed
prior to recordation of the final map.
0000'7�v
5. All public improvements shall be covered with a 100 percent
Performance Guarantee and a 50 percent Labor and Materials
Guarantee until the public improvements are deemed
substantially complete by the Public Works Department. _
Prior to final inspection of the public improvements, and
before the other guarantees covered in this condition are
released, a 10 percent Maintenance Guarantee shall be posted
to cover the public improvements for a period of one year
after final inspection. The guarantee amounts shall be
based on an engineer's estimate submitted by the project
engineer and approved by the Public Works Department. The
guarantees posted for the project shall be cash deposit or a
letter of credit.
6. An encroachment permit shall be obtained from the Public
Works Department for all work to be done within the public
right-of-way prior to recording of the final map. Applicant
shall sign an inspection agreement, guaranteeing that the
work shall be done to a standard acceptable to the Public
Works Director and the inspections paid for, prior to the
start of public works construction. The construction of
these improvements, as directed by the encroachment permit,
shall be completed prior to recording the final map.
7. The applicant shall offer to dedicate a six foot public
utilities easement along the entire property frontage. The
offer of dedication shall be recorded prior to or
simultaneous to the recordation of the final map.
8. An annexation fee shall be paid prior to the recording of
the map.
Fire Department Conditions
9. The existing driveway shall be brought up to City standards,
prior to recording the final map, specifically the minimum
width, sight distance, and vertical clearance for emergency
access.
10. The fence which is currently hindering access to the
existing fire hydrant at El Dorado Ave. and Santa Fe shall
be relocated to provide at least three feet of minimum
clearance around the hydrant.
Planning Conditions:
11. In addition to the structures shown to be removed on the
Tentative Map, the existing structures not shown on the
proposed lot line between Parcels #1 and #2, shall also be
removed prior to recording the map.
0000'73P
12. Prior to recording the Parcel Map, an address change shall
be completed for the existing residence on proposed Parcel
#1. Address shall be changed from 8495 El Dorado Ave. to
5550 Santa Fe Ave. to recognize the relocated driveway and
provide proper emergency response.
13. A final map drawn in substantial conformance with the
approved tentative map and compliance with all conditions
set forth herein shall be submitted for review and approval
in accordance with the Subdivision Map Act and the City Lot
Division Ordinance prior to recordation.
a. Monuments shall be set at all new property corners
created by a registered civil engineer or licensed
land surveyor as required by the Land Surveyor' s Act and
the Subdivision Map Act. Monuments set within any road
right-of-way shall conform to City standard M-1.
b. Pursuant to Section 66497 of the Subdivision Map Act the
engineer or surveyor shall notify the City Engineer in
writing that the monuments have been set. -
c. A recently updated preliminary title report shall be
submitted for review in conjunction with the processing
of the final map.
d. A preliminary subdivision guarantee shall be submitted
for review in conjunction with the processing of the
final map.
14. Approval of this tentative map shall expire two years from
the date of final approval unless an extension of time is
granted pursuant to a written request prior to the
expiration date.
0000'74 ��
MINUTES EXCERPT
CITY OF ATASCADERO
PLANNING COMMISSION
ACTION MINUTES
October 6, 1992
SUBJECT: B.3 . TENTATIVE PARCEL MAP 92-008
Application filed by Foran and Partington (Cuesta
Engineering, agent) to divide two parcels of 1 .73 acres into
three parcels of 0 .73, 0 .50 and 0 .50 acres for single family
residential use. Said property is located at 847-5/8495 E1
Dorado Ave.
STAFF RECOMMENDATION: Conditional Approval (Davidson)
TESTIMONY: None
ACTION: Conditional approval with clarification of conditions
3 .c and 8 (see attached revised conditions of approval)
Motion: Miller
Second: Edwards
AYES: Edwards, Lochridge, Carden, Hanauer,, Berger,
is Miller, Johnson
NOES : None
ABSENT: None
0000'75
Attachment F - Conditions of Approval
Tentative Parcel Map 92-008
8475/8495 E1 Dorado Ave. (Foran/Partington/Cuesta Engineering)
October 6, 1992 (as revised 10-6-92 by Planning Commission
action)
CONDITIONS OF APPROVAL:
Engineering Conditions
1 . Water shall be obtained from the Atascadero Mutual Water Co.
Water lines shall be extended to the property line frontage
of each parcel, or its public utilities easement, prior to
the recording of the final map.
2 . All existing and proposed utility, pipeline, open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements,
they shall be noted on the final map. All relocation and/or
alteration of existing utilities shall be the responsibility
of the developer at his sole expense.
3 . Road improvement plans, prepared by a registered civil
engineer, shall be submitted to the Community Development
Department for review and approval by the Engineering
Division prior to recordation of the final map. Plans shall
include, but not be limited to the following:
a. Pavement widening of E1 Dorado Ave. and Santa Fe
Rd. according to City standard 401 type B. Said
widening shall be along the entire property frontage,
or as directed by the Director of Public Works .
b. R-value testing shall be done, and the pavement section
designed to the satisfaction of the Director of Public
Works, prior to the start of construction.
C . A grading/drainage plan for road improvements pr4pared
by a registered civil engineer shall be submitted for
review and approval prior to issuance of any big
encroachment permits, or recording of the final map.
All grading, drainage and erosion control measures
shall be constructed to City standards . These
improvements shall be constructed or bonded for prior
to recording the map. All grading and drainage
improvements shall require a written statement from the
project engineer that all work has been completed and
is in compliance with the approved plans .
4 . Construction of the public improvements shall be completed
prior to recordation of the final map.
0000'76
5. All public improvements shall be covered with a 100 percent
Performance Guarantee and a 50 percent Labor and Materials
Guarantee until the public improvements are deemed
substantially complete by the Public Works Department .
Prior to final inspection of the public improvements, and
before the other guarantees covered in this condition are
released, a 10 percent Maintenance Guarantee shall-- be posted
to cover the public improvements for a period of .one year
after final inspection. The guarantee amounts shall be
based on an engineer' s estimate submitted by the project
engineer and approved by the Public Works Department . The
guarantees posted for the project shall be cash deposit or a
letter of credit.
6 . An encroachment permit shall be obtained from the Public
Works Department for all work to be done within the public
right-of-way prior to recording of the final map. Applicant
shall sign an inspection agreement, guaranteeing that the
work shall be done to a standard acceptable to the Public
Works Director and the inspections paid for, prior to the
start of public works construction. The construction of
these improvements, as directed by the encroachment permit,
shall be completed prior to recording the final map.
7 . The applicant shall offer to dedicate a six foot public
utilities easement along the entire property frontage. The
offer of dedication shall be recorded prior to or
simultaneous to the recordation of the final map.
8 . Aft sewer annexation fee shall be paid prior to the recording
of the map.
Fire Department Conditions
9 . The existing driveway shall be brought up to City standards,
prior to recording the final map, specifically the minimum
width, sight distance, and vertical clearance for emergency
access .
10 . The fence which is currently hindering access to the
existing fire hydrant at El Dorado Ave. and Santa Fe shall
be relocated to provide at least three feet of minimum
clearance around the hydrant.
Planning Conditions :
11 . In addition to the structures shown to be removed on the
Tentative Map, the existing structures not shown on the
proposed lot line between Parcels #1 and #2, shall also be
removed prior to recording the map.
000077
12 . Prior to recording the Parcel Map, an address change shall
be completed for the existing residence on proposed Parcel
#1 . Address shall be changed from 8495 E1 Dorado Ave. to
5550 Santa Fe Ave. to recognize the relocated driveway and
provide proper emergency response.
13 . A final map drawn in substantial conformance with .the
approved tentative map and compliance with all conditions
set forth herein shall be submitted for review and approval
in accordance with the Subdivision Map Act and the City Lot
Division Ordinance prior to recordation.
a. Monuments shall be set at all new property corners
-created by a registered civil engineer or licensed
land surveyor as required by the Land Surveyor' s Act and
the Subdivision Map Act . Monuments set within any road
right-of-way shall conform to City standard M-1 .
b. Pursuant to Section 66497 of the Subdivision Map Act the
engineer or surveyor shall notify the City Engineer in
writing that the monuments have been set .
c . A recently updated preliminary title report shall be
submitted for review in conjunction with the processing
of the final map.
d. A preliminary subdivision guarantee shall be submitted
for review in conjunction with the processing of the
final map.
14 . Approval of this tentative map shall expire two years from
the date of final approval unless an extension of time is
granted pursuant to a written request prior to the
expiration date.
•
0000'78
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-9
Through: Ray Windsor, City Manager Meeting date: 10/27/92
File No TPM 17-89
From: Henry Engen, Community Development Director F
SUBJECT:
Consideration of time extension request for Tentative Parcel Map
17-89 at 7550 Cortez (Nathan Barrett/Twin Cities Engineering) .
RECOMMENDATION•
Per the Planning Commission's recommendation, approval of a time
extension to October 30, 1993 .
BACKGROUND•
On October 6, 1992 , the Planning Commission reviewed the above-
referenced subject on its Consent Calendar. On a 7: 0 vote, the
Commission recommended approval of a time extension for Tentative
Parcel Map 17-89 to October 30, 1993.
HE:ph
Attachments: Staff Report - October 6, 1992
cc: Twin Cities Engineering
0000'79
MEMORANDUM
TO: Planning Commission
FROM: Susan Clark, Planning Technician
SUBJECT: Time Extension Request for Tentative Parcel Map 17-89
7550 Cortez
DATE: October 6, 1992
Tentative Parcel Map 17-89 was approved by the Planning Commission
on October 3, 1989, and by the City Council on October 30, 1989.
This project has received one prior time extension. At that time
the Conditions of Approval were revised with City Council consent.
(Attachment C) .
The applicant has performed substantial work towards this project,
nearing completion of the required road improvement. There have
been no changes to the provisions of the General Plan or zoning
regulations applicable to the project since approval of the
entitlement, and there have been no changes in the character of the
site or its surroundings which affect how the standards of the _
General plan or zoning regulations apply to the project.
RECOMMENDATION:
Staff recommends approval of a one year time extension for
Tentative Parcel Map 17-89, extending the approval date to October
30, 1993.
Attachments: A - Request for Time Extension
B - Prior Time Extension Memorandum
C - Revised Conditions of Approval
D - Staff Report, October 30, 1989
nnnoRn
3�
RECEIVED
SEP 161992
COMMUNITy DEVELOPMENT
16 Sept 1992
Dear Sirs
Please extend my tenative map AT 89-012-
BARRETT 89001. The parcel is located at the corner
of Cortez and Curbari l.
Nathan Barrett
RECEIVED
SEP 161992 � v.
�33 0�
i COMMUNITY DEVELOPMENT
-# .3 7.337
00008131
ITEM: A. 3 �.
14EsORANDUM
DATE: NOVEMBER 5 , 1991
TO: Planning Commission
FROM:'p P ' Doug Davidson, Senior Planner
SUBJECT: Extension Request -- Tentative Parcel Map 17-89
RECO)MNDATION:
Staff recommends approval of a one-year time extension for
Tentative Parcel Map 17-89, subject to the revised Conditions of
Approval contained in Attachment A.
ANALYSIS•
Tentative Parcel Map 17-89 was approved by the Planning
Commission on October 3, 1989 and the City Council on October 30,
1989. On September 20, 1991, prior to the October 30, 1991
expiration date, an extension request was received, indicating
that an additional year would be necessary to complete required
road improvements and meet all other applicable conditions of
approval.
Since the approval of Tentative Parcel Map 17-89, two relevant
subdivision approvals have occurred in this area. Tentative
Parcel Map 27-90, including a Planned Development Overlay, was
easterly side of
Pine Mountain Park. This
on the east ,
approved Y
Tentative Parcel Ma was required to place all individual utility
Tenta P
connections underground. Placing new utility connections
underground is a common and increasingly popular practice because
of the aesthetic benefits that can be derived without
significantly increasing development costs. Since the approval
of TPM 17-89, staff has routinely recommended that the Planning
Commission, where appropriate, impose conditions of approval on
tentative maps, CUP's, etc. , requiring that utilities be placed
underground.
Secondly, a time extension was recently granted (August 6, 1991)
for Tentative Parcel Map 04-89, the adjacent subdivision of
Frederick Larson. This time extension was also conditioned to
provide the individual utility connections underground. Thus, to
maintain consistency, this extension request is the proper time
to revise the Conditions of Approval to include a similar
condition for undergrounding individual utility connections.
Condition $2 has been revised accordingly.
Attachments:
Attachment A -- Revised Conditions of Approval
Attachment B -- Extension Request
Attachment C -- October 30, 1989 staff report
(1(10OR2
i
ATTACHMENT C - Revised Conditions of Approval
Tentative Parcel Map 17-89
7550 Cortez Ave. (Barrett)
Time Extension - November 5, 1991
CONDITIONS OF APPROVAL:
1. Water shall be obtained from the Atascadero Mutual Water
Company. Water service shall be stubbed to a meter vault at
the right of way line of each lot.
2. All available utilities, including electric, gas, telephone
and cable television services shall be stubbed; to the right-
of-way line of each lot prior to the recording of the final
map. Individual utility extensions serving each lot shall be
placed underground.
3. All existing and proposed utility, pipeline, open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements,
they shall be noted on the final map.
4. All relocation and/or alteration of existing utilities shall
be the responsibility of the developer.
5a. Grading, drainage, and erosion control plans for the entire
subdivision, including driveways, prepared by ' a registered
civil engineer, shall be submitted to the Community
Development Department for review and approval by the
Community Development and Public Works Departments prior to
recordation of the final map.
b. A drainage plan shall be prepared, and an easement shall be
offered to the City to handle runoff from 'Curbaril from
current and future development.
C. Drainage facilities shall be constructed to City of Atascadero
standards. All work shall be completed or bonded prior to the
recording of the final map.
d. The grading and drainage plan shall include the elevation of
proposed structures and pads. If the site is to be filled
above the base flood, the final pad elevation shall be
certified by a registered engineer or surveyor and submitted
to the City Engineer prior to transmittal to the Floodplain
Administrator. Final pad elevations shall appear as a note on
the final map.
6. Road improvement plans prepared by a registered civil engineer
shall be submitted to the Community Development Department for
review and approval by the Community Development and Public
000083
Works Departments, prior to the construction of improvements.
Said plans shall include, but not be limited to:
Cortez Avenue:
a. Design shall conform to design of Cortez Avenue being
prepared in connection with proposed development at 7445
Cortez as per AT89-013 being prepared by Cuesta
Engineering. Plans shall include a minimum paved section
of 20 feet with 4 foot based shoulders, berms and
drainage facilities as required by the- City- Engineer.
The intersection at Curbaril shall be reconstructed to
include a 30 foot radius curve return at the edge of
pavement on each side. A temporary turn-around
constructed to fire department standards, may be-required
at the end of the Cortez Avenue extension. Design shall
include measures to save and preserve trees within the
right-of-way, as approved by the Community Development
and Public Works Departments.
Curbaril Avenue:
b. Pavement shall be widened to 20 feet from centerline with
a taper installed to match the railroad crossing. A four
foot based shoulder shall be installed along the edge of
roadway along with any berms or drainage facilities
required by the City Engineer. Design shall include
measures to preserve trees within the right-of-way, as
approved by the Community Development and Public Works
Departments.
7. Construction of the public road improvements shall be
completed prior to the recording of the final map.
8. Subdivider shall obtain an encroachment permit from the Public
Works Department prior to the installation of improvements,
including drainage facilities and all road construction.
Subdivider shall also sign an inspection agreement
guaranteeing that the work will be done in conformance with
approved plans and inspection fees paid. All work required by
the encroachment permit shall be completed prior to the
recordation of the final map.
9. The subdivider shall install all street signs, traffic
delineation devices, warning and regulatory signs, barricades,
and other similar devices where required by the Director of
Public Works. Signs shall be in conformance with the
Department of Public Works standards and the current State of
California uniform sign chart. Installation of traffic
devices shall be subject to review and modifications after
construction.
000084
10. All public improvements shall be covered with a 100%
Performance Bond until construction is accepted and by a 10%
Maintenance Bond until one year after construction approval.
11. Offers of dedication to the City of Atascadero for the
following street rights-of-way are required:
Street Name: Curbaril Avenue
Limits: 25 feet from centerline to right of way limits
and corner radius.
Street Name: Cortez Avenue
Limits: 20 foot (min. ) from centerline to right of
way. Additional right-of-way shall be required
to provide a minimum of 10 feet of right-of-
way adjacent to the edge of the pavement.
20 foot radius at the north corner of Curbaril
and Cortez Avenues.
12. An offer of dedication to the Public for a Public Utilities
Easement at the following location:
a. A 6 foot public utilities easement along all street
frontages.
13. Offers of dedication shall be completed and recorded prior to
or simultaneously with the recordation of the final map.
14. Parcel 1 shall have no direct access to Curbaril Avenue.
Access shall be by way of Cortez Avenue only. Relinquishment
of access rights shall be delineated on the final map.
15. The fire hydrants located at the intersection of Cortez Avenue
and Curbaril Avenue and Cortez and Maleza Avenue shall be
upgraded to City standards. All fire hydrant installation and.
upgrade shall be completed prior to recordation of the final
map.
16. A landscaping plan for noise attenuation, including number,
location and species of trees and other plants, and irrigation
plans, shall be submitted to the Community Development
Department for review and approval prior to the recordation of
the final map. Installation of the required landscaping and
irrigation system may be bonded for a period not to exceed one
( 1) year form the date of final approval of the map.
17. A final map drawn in substantial conformance with the
approved tentative map and in compliance with all conditions
set forth herein shall be submitted for review and approval
in accordance with the Subdivision Map Act and the City's
Subdivision Ordinance prior to recordation.
00008.5
a. Monuments shall be set at all new property corners
created and a registered civil engineer or licensed land
surveyor shall indicate, by certificate on the final map,
that corners have been set or shall be set by a date
specific and that they will be sufficient to enable the
survey to be retraced.
b. A recently updated preliminary title report shall be
submitted for review in conjunction with the. processing
of the final map.
c. A preliminary subdivision guarantee shall be submitted
for review in conjunction with the processing of the
_ final map.
18. Approval of this tentative map shall expire two years from
the date of final approval unless an extension of time is
granted pursuant to a written request prior to the expiration
date.
3�
000086
CITY OF ATASCADERO Item: 6- 1
STAFF REPORT
FOR: Planning Commission Meeting Date: October 3, 1989
BY: Karl Schoettler, Assistant Planner File No: TPM 17-89
L�
SUBJECT:
Subdivision of one (1) parcel containing approximately 6.25 acres
into four (4) lots. Two lots will contain 1 .5 acres. One lot
will contain 1.58 acres and one lot will contain 1. 66 acres.
RECOMMEENDATION:
Staff recommends approval of TPM 17-89 based on the Findings for
Approval in Exhibit E and subject to the Conditions of Approval
in Exhibit F.
SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . . . . .Nathan Barrett
2. Representative. . . . . . . . . . . . . . .Twin Cities Engineering
3. Project Address. . . . . . . . . . . . . .7550 Cortez Ave.
4 . General Plan Designation. . . . .Moderate Density Single
Family
5. Zoning District. . . . . . . . . . . . . .RSF-Y (1.0 ac w/sewer; 1 .5
ac. w/o sewer min. lot
size)
6. Site Area. . . . . . . . . . . . . . . . . . . . 6.25 acres
7. Existing Use. . . . . o . . . . . . . . . . .Vacant
8. Environmental Status. . . . . . . . .Negative Declaration
posted September 19, 1989
ANALYSIS:
The application before the Commission proposes to subdivide one
(1) existing parcel which contains approximately' 6.25 acres into
four (4) lots. Two of the new lots will contain 1.5 acres each.
One lot will contain 1.58 acres and one lot will contain 1 . 66
acres. The General Plan designates this property for Moderate
Density Single Family development. The property is located
within the Urban Services Line and is within the RSF-Y zone
00008'7
district. The minimum lot sizes in this zone are one (1 .0) acre
where sanitary sewer service is available and 1 .5 acres where
there is no sewer service. There is no sewer service to this
site; therefore, the minimum allowable lot size is 1.5 acres.
A part of this proposal involves the extension of Cortez Avenue
north to a subdivision previously approved by the Commission (TPM
04-89) . At present, the paved section of Cortez terminates at
the intersection with Maleza Avenue. The applicant -for the
subdivision to the north is being required to extend and pave
Cortez from Maleza north to its proposed terminus. This will
include construction of a city-standard cul-de-sac. However, this
subdivision has not been submitted for final approval. In the
event that that map is not approved, or tentative approval
expires, the required street improvements would not be
constructed. Therefore, the subdivision presently being
considered has been conditioned to construct a temporary turn-
around, built to fire department standards, at the end of the
existing Cortez Avenue right-of-way.
There are two important concerns relative to this site being
developed for residential use. The Southern Pacific Railroad
runs along the east side of the site, producing significantly
increased noise levels when trains are passing by. The City' s
General Plan Noise Element indicates that a passing train
generates 70 dB (A) when measured at 50 feet. This level is
above the 45 dB (A)' considered maximum for rural single family
areas during the day. This maximum drops to 35 dB (A) during the
night. The subdivision approved to the north of this site has
been required to establish a 100 foot setback with the
installation of screening plantings along the railroad to help
reduce noise problems. These steps, along with soundproofing
construction incorporated into future buildings, should work to
reduce interior noise levels to acceptable levels.
The second area of concern involves the inclusion of this area
within the 500 year flood hazard boundary of the Salinas River as
determined by the Federal Emergency Management Agency (FEMA) .
The FEMA map is attached to this report as Exhibit D. . The FIRM
(Flood Insurance Rate Map) includes this area in Zone B. Zone B
is defined as:
"Areas between limits of the 100-year flood and 500-year
flood; or certain areas subject to 100-year flooding with
average depths less than one (1) foot or where the
contributing drainage area is less than one square mile; or
areas protected by levees from the base flood."
This site is generally lower than surrounding ground (the
railroad, Curbaril Avenue, Cortez Avenue, and Pine Mountain to
the north) and can be expected to experience some minor flooding
problems as a result. However, the property could be developed
for residential use by incorporating flood control measures, and!
if necessary, elevating building pads above flood levels. The
000o e
subdivision should be conditioned to insure conformance with the
City' s Flood Damage Prevention Ordinance (Ordinance 193) .
Conditioned as such, the subdivision should not contribute to
downstream flooding problems or expose future residents to
unreasonable flood related damage or hazards.
This project has been reviewed by the City' s Fire Department and
the Engineering Division of the Public Works Department. Both
Departments have provided recommended conditions of approval
which are included in Exhibit F. With these conditions, neither
Department has any objection to the approval of the- proposed
subdivision.
CONCLUSIONS:
The design of the proposed subdivision is in conformance with the
City' s General Plan and Zoning Ordinance. The proposed home
sites can be developed without adverse impacts on surrounding
areas. The recommended Conditions of Approval will insure that
the potential effects of noise and flooding on future residents
are mitigated to acceptable levels. The proposed use, and the
size of the proposed lots is consistent with existing development
in the vicinity of the subdivision.
Staff believes that each of the Findings required by the
Subdivision Map Act can be made relative to this proposal.
KCS/kcs
ATTACHMENTS : Exhibit A - Location and Zoning Map
Exhibit B - General Plan Map
Exhibit C - Tentative Parcel Map
Exhibit D - FEMA Map
Exhibit E - Findings for Approval'
Exhibit F - Conditions of Approval
00008937
EXHIBIT A
LOCATION & ZONING
,�r.t.. :... . CITY OF ATASCADERO TPM 17-89
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000090
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CITY OF GENERAL PLAN MAP
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COMMUNITY DEVELOPMENT TPM 17-89
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EXHIBIT C
CITY OF A1ASCADERO TENTATIVE PARCEL MAP
�—,—,•««: —„, TPM 17-89
COMMUNITY DEVELOPMENT
DEPARTMENT
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000092
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FEMA Map
CITY
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TPM 17-89
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00009
EXHIBIT E —Findings for Approval
Tentative Parcel Map 17-89
7550 Cortez Ave.
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
is adequate.
MAP FINDINGS:
1. The proposed map is consistent with the applicable General
or Specific Plan.
2 The design and/or improvement of the proposed subdivision is
consistent with the applicable General or Specific Plan.
3. The site is physically suitable for the proposed type of
development.
4 . The site is physically suitable for the proposed density of
development.
5. The design of the subdivision, and/or the proposed
improvements, will not cause substantial environmental
damage or substantially and avoidably injure fish and
wildlife or their habitat.
6. The design of the subdivision, and the type of improvements,
will not conflict with easements acquired by the public at
large for access through or use of property within the
proposed subdivision; or substantially equivalent alternate
easements are provided.
7 . The design of the subdivision and/or the type of proposed
improvements will not cause serious public health problems.
000094
EXHIBIT F - Conditions of Approval
Tentative Parcel Map 17-89
7550 Cortez Ave. (Barrett)
October 3, 1989
CONDITIONS OF APPROVAL:
1 . Water shall be obtained from the Atascadero Mutual Water
Company. Water service shall be stubbed to a meter vault at
the right of way line of each lot.
2 . Electric power, gas, telephone and cable television services _
shall be stubbed to the right-of-way line of each- lot and
all facilities to distribute such services' shall be provided
according to the requirements of the responsible utility
companies.
3. All existing and proposed utility, pipeline, 'open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements,
they shall be noted on the final map.
4 . All relocation and/or alteration of existing utilities shall
be the responsibility of the developer.
5a. Grading, drainage, and erosion control plans for the entire
subdivision, including driveways, prepared by a registered - :
civil engineer, shall be submitted to the Community
Development Department for review and approval by the
Community Development and Public Works Departments prior to
recordation of the final map.
b. A drainage plan shall be prepared, and an easement shall be
offered to the City to handle runoff from Curbaril from
current and future development.
c. Drainage facilities shall be constructed to City of
Atascadero standards. All work shall be completed or bonded
prior to the recording of the final map.
d. The grading and drainage plan shall include the elevation of
proposed structures and pads. If the site is to be filled
above the base flood, the final pad elevation shall be
certified by a registered engineer or surveyor and submitted
to the City Engineer prior to transmittal to the Floodplain
Administrator. Final pad elevations shall appear as a note
on the final map.
6. Road improvement plans prepared by a registered civil
engineer shall be submitted to the Community Development
Department for review and approval by the Community
000
095` s
Development and Public Works Departments, prior to the
construction of improvements. Said plans shall include, but
not be limited to:
Cortez Avenue:
a. Design shall conform to design of Cortez Avenue being
prepared in connection with proposed development at
7445 Cortez as per AT89-013 being prepared by Cuesta
Engineering. Plans shall include a minimum -paved
section of 20 feet with 4 foot based shoulders, berms
and drainage facilities as required by the City
Engineer. The intersection at Curbaril shall be
reconstructed to include a 30 foot radius curve return
at the edge of pavement on each side. A temporary
turn-around constructed to fire department standards,
may be required at the end of the Cortez Avenue
extension. Design shall include measures to save and
preserve trees within the right-of-way, as approved by
the Community Development and Public Works Departments.
Curbaril Avenue:
b. Pavement shall be widened to 20 feet from centerline
with a taper installed to match the railroad crossing.
A four foot based shoulder shall be installed along the
edge of roadway along with any berms or drainage
facilities required by the City Engineer. Design shall
include measures to preserve trees within the right-of-
way, as approved by the Community Development and
Public Works Departments .
7 . Construction of the public road improvements shall be
completed prior to the recording of the final map.
8 . Subdivider shall obtain an encroachment permit from the
Public Works Department prior to the installation of
improvements, including drainage facilities and all road
construction. Subdivider shall also sign an inspection
agreement guaranteeing that the work will be done in
conformance with approved plans and inspection fees paid.
All work required by the encroachment permit shall be
completed prior to the recordation of the final map.
9. The subdivider shall install all street signs, traffic
delineation devices, warning and regulatory signs,-
barricades, and other similar devices where required by the
Director of Public Works. Signs shall be in conformance
with the Department of Public Works standards and the
current State of California uniform sign chart.
Installation of traffic devices shall be subject to review
and modifications after construction.
flflt1f19fi
10 . All public improvements shall be covered with a 100%
Performance Bond until construction is accepted and by a 10%
Maintenance Bond until one year after construction approval.
11 . Offers of dedication to the City of Atascadero for the
following street rights-of-way are required:'
Street Name: Curbaril Avenue
Limits: 25 feet from centerline to right -of way
limits and corner radius.
Street Name: Cortez Avenue
Limits: 20 foot (min. ) from centerline to right of
way. Additional right-of-way shall be_
required to provide a minimum of 10 feet of
right-of-way adjacent to the edge of the
pavement.
20 foot radius at the north corner of
Curbaril and Cortez Avenues.
12 . An offer of dedication to the Public for a Public Utilities
Easement at the following location:
a. A 6 foot public utilities easement along all
street frontages.
13 . Offers of dedication shall be completed and recorded prior
to or simultaneously with the recordation of the final map.
14 . Parcel 1 shall have no direct access to Curbaril Avenue.
Access shall be by way of Cortez Avenue only.
Relinquishment of access rights shall be delineated on the
final map.
15 . The fire hydrants located at the intersection of Cortez
Avenue and Curbaril Avenue and Cortez and Maleza Avenue
shall be upgraded to City standards. All fire hydrant
installation and upgrade shall be completed prior to
recordation of the final map.
16. A landscaping plan for noise attenuation, including number,
location and species of trees and other plants, and
irrigation plans, shall be submitted to the Community
Development Department for review and approval prior to the
recordation of the final map. Installation of the required
landscaping and irrigation system may be bonded for a period
not to exceed one (1) year form the date of final approval
of the map.
S17 . A final map drawn in substantial conformance with the
approved tentative map and in compliance with all conditions
V
nnnn�tw
r
set forth herein shall be submitted for review and approval
in accordance with the Subdivision Map Act and the City' s
Subdivision Ordinance prior to recordation.
a. Monuments shall be set at all new property corners
created and a registered civil engineer or licensed
land surveyor shall indicate, by certificate on the
final map, that corners have been set or shall be set
by a date specific and that they will be sufficient to
enable the survey to be retraced.
b. A recently updated preliminary title report shall be
submitted for review in conjunction with the processing
of the final map.
C. A preliminary subdivision guarantee shall be submitted
for review in conjunction with the processing of the
final map.
18 . Approval of this tentative map shall expire two years from
the date of final approval unless an extension of time is
granted pursuant to a written request prior to the
expiration date.
000098
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-10
Through: Ray Windsor, City Manage Meeting Date: 10/27/92 _
File Not TTM 01-91
From: Henry Engen, Community Development Director VVS-
SUBJECT:
Acceptance of Final Tract Map 01-91 to allow the creation of a 42
residential lot subdivision at 10700 El Camino Real (2-B Partner-
ship/Engineering Development Association) .
RECOMMENDATION:
Acceptance of Final Tract Map 01-91.
BACKGROUND:
On July 23 , 1991, the City Council tentatively approved this map,
along with Zone Change 07-89, in accordance with certain condi-
tions and in concurrence with the recommended approval of the
Planning Commission. All conditions have been completed by the
applicant.
HE:ph
cc: 2-B Partnership
Engineering Development Associates
Attachment: General Plan Map
000099
rACHMENT A
y CITY OF ATASCADERO
GENERAL PLAN MAP
COM.MUNZ ITY DEVELOPMENT TTM 01-91/zc 07-89
D EPARTIMENT
STATE
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ter
D EN Sl TYI/-
FA I.L 3? • •�
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000100
REPORT TO CITY COUNCIL Agenda Item,: B-11
CITY OF ATASCADERO
Through: Ray Windsor, City Managel. V Meeting Date: 10/27/92
From: Mark Joseph, Administrate a Services Director
SUBJECT: Reducing PERS Rates for Public Safety Employees.
RECOMMENDATION: Approve Resolution No. 103-92, requesting the
one-time costs of the enhanced Public Safety Retirement option be
refinanced to reduce the City's annual cost.
BACKGROUND: The attached report presents the background and
rationale for staff's recommendation. Staff is recommending the
"funding period" be extended only to the year 2011 -- 20 years
instead of the maximum of 25 years. This is based on the fact
that the 20 year option is the most optimal in terms of keeping
our interest expense down.
FISCAL IMPACT: As the letter from PERS reports, annual savings
are projected at roughly $50,000 (current year savings is
approximately $25,000, assuming implementation in December) .
• a:res103-92
000101
RESOLUTION NO. 103-92
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
REQUESTING THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM TO EXTEND THE
FUNDING PERIOD FOR CURRENT SERVICE
ACTUARIAL LIABILITIES FOR THE
CITY OF ATASCADERO
WHEREAS, the City of Atascadero is a contracting agency of the
Public Employees' Retirement System; and
WHEREAS, the City is experiencing short-term financial
difficulties that make it necessary to reduce operating
costs wherever possible; and
WHEREAS, the City of Atascadero has been advised by the Contract
Services Division of the Public Employees' Retirement System
that the City Council may request an extension of the
funding period for the safety category for current service
actuarial liabilities to June 30, 2011;
BE IT THEREFORE RESOLVED, that the City Council of the City of
Atascadero does request an extension of the funding period
for the safety category for current service actuarial
liabilities to June 30, 2011, and further resolves to direct
the City Clerk to forward a certified copy of this
resolution to the Public Employees' Retirement System.
Adopted this day of , 1992.
CITY OF ATASCADERO
By:
ATTEST: -
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
0
000102
REPORT TO CITY COUNCIL Agenda Item: B-9
CITY OF ATASCADERO
Through: Ray Windsor, City Manager Meeting Date: 10/13/92
From: Mark Joseph, Administrative Services Director
SUBJECT: Reducing PERS rates for Public Safety Employees.
RECOMMENDATION: For Council review only; formal action will be
proposed at Council' s October 27 meeting.
BACKGROUND:
The attached letter from the California Public Employees'
Retirement System (PERS) explains the process and dollar
analysis.
Basically, when the City amended its PERS contract for early
Public Safety Retirement (2% at 50) , a one-time cost to properly
fund the new benefit was incurred. Standard practice at the time
was to prorate this amount over a relatively short 'period of
years -- in this case, eight years. The result was an increase
in our public safety retirement of approximately 55 percent. By
spreading the cost over 20 years (similar to financing a house) ,
the rate drops almost in half -- to 2.9 percent. This has the
effect of reducing our annual expense by roughly $55,000 (current
year savings is projected at $27,300, assuming implementation in
December) .
Procedurally, PERS requires two week' s notice before formal
Council action may be taken. Such action will be presented at
Council' s October 27 meeting. It should be noted that the
October 10 deadline referenced in the attached letter only
relates to gaining PERS Board approval in November. This is the
first Council meeting available since receipt of the letter. We
will miss the November Board meeting, but should be ready for
December.
a:2%at50
#16
103
SQ/.l1IONNlA
®PERS
Contract Services Division
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
September 15, 1992
Employer Code: #1248
Mr. Mark Joseph
Administrative Services Director
City of Atascadero
6500 Palm Avenue
Atascadero, CA 93422
Dear Mr. Joseph:
Enclosed are the comparison figures requested to assist the agency in making the decision whether to
extend the current service funding period for the safety category to the year 2011 or 2016.
To proceed with the extension, the Governing Body must adopt the enclosed Resolution. The second
paragraph of the Resolution must contain the reasons the agency is requesting the-extension, i.e.,
financial difficulties, etc.
The Resolution must be returned prior to October 10, 1992 if it is to be presented to the PERS Board
at its November, 1992 meeting. The effective date of the extension may be as early as the first day
of a payroll period following Board action.
Section 7507 of the Government Code requires the cost implications of the extended funding period
be made public at a public meeting at least two weeks prior to the adoption of the Resolution. The
agency is to certify compliance on the enclosed Certification of Compliance with Government Code
7507.
If you have any questions,please contact me at (916) 326-3615.
Sincerely,
Cy is L. Wiegman, Retirementialist
Public Agency Contract Services
Contract Services Division
CLW:ms
Enclosures
California Public Employees' Retirement System
Lincoln Plaza - 400 P Street - Sacramento, CA 95814 000104
• Category: Safety
Extended funding year: 2011
9-1-92 1992/93
Rate Contributions
Current Extended Current Extended
2000 2011 2 2011
Unfunded
Current
Service: 5.458% 2.899% $ 97,000 $ 51,500
Other*
Costs: 15.028% 15.028% $267,200 $267,200
Total 20.486% 17.927% $364,200 $318,700
NOTE: *Other costs include all normal costs which do not change and any applicable ad-hoc allowance
increase costs which may be provided for in the agency's contract.
Estimated Employer Contributions
Toward Unfunded Actuarial Liability
Unfunded Actuarial Liability To To
2000 2011
Current
Service: $707,000 $1.081,000 $1.749.000
An extension of the funding period to the year 2011 would:
1) Reduce the employer contribution rate by 2.559% for current service;
2) Reduce the employer contributions for the 1992/93 fiscal year by $45.5 for current
service;
3) Increase the total amount of employer contributions required for the unfunded actuarial liability
by $668,000 for current service.
000 05
Category: Safety
Extended funding year: 2011
9-1-92 1992/93
Rate Contributions
Current Extended Current Extended
2000 2011 2000 2011
Unfunded
Current
Service: 5.458% 2.899% $ 97,000 $ 51,500
Other*
Costs: 15.028% 15.028% $267,200 $267.2
Total 20.486% 17.927% $364,200 $318,700
NOTE: *Other costs include all normal costs which do not change and any applicable ad-hoc allowance
increase costs which may be provided for in the agency's contract.
Estimated Employer Contributions
Toward Unfunded Actuarial Liability
Unfunded Actuarial Liability To To
2000 2011
Current
Service: $707,000 $1,081,000 $1,749,000
An extension of the funding period to the year 2011 would:
1) Reduce the employer contribution rate by 2.559% for current service;
2) Reduce the employer contributions for the 1992/93 fiscal year by $45.500 for current
service;
3) Increase the total amount of employer contributions required for the unfunded actuarial liability
by $668,000 for current service.
000 05
AGREEMENT FOR
ANIMAL CONTROL SERVICES
This Agreement is made and entered into this 1 st day of July, 1992, by and between the County of
San Luis Obispo,hereinafter referred to as"County",and the City of ,hereinafter referred
to as "City".
WITNESSETH:
THAT WHEREAS, The City is desirous of contracting with the County for-performance of the
hereinafter described animal control services within its boundaries by the County of San Luis Obispo through
the Department of Animal Regulation; and
WHEREAS, the County is agreeable to providing such services in accordance with the provisions of
the San Luis Obispo County Code Title 9 which provides for the licensing of dogs,the establishment of a public
pound, and for the collection and care of stray, diseased and vicious animals; and
WHEREAS, the County of San Luis Obispo has established the Department of Animal Regulation to
enforce the ordinances of the County Code Title 9 within the unincorporated areas',of the County; and
WHEREAS, the City is desirous of contracting for said Animal Control Service.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services - Defined
A. Definitions - used throughout as follows:
1) Household Pets or small animals means but is not limited to cats, dogs, canaries, fish,
hamsters, rabbits, turtles, and reptiles and other kindred animals usually and ordinarily kept as
household pets.
2) Livestock or large animals means horses, ponies, mules, cattle, goats, swine and all other
domestic or domesticated animals other than household pets.
3) Small wildlife means racoons, possums, foxes and other similar sized wildlife.
4) Large wildlife means deer, mountain lions, or other similar sized or larger sized wildlife.
B. Basic Services - are defined as follows:
1) Services associated with insuring that dogs and cats are vaccinated against rabies and that
dogs are licensed in accordance with local ordinances.
2) The receipt of household pets at the shelter or at drop off kennels.
3) Sheltering of all household pets received at the shelter in accordance with state regulations,
local ordinances, and policies governing humane treatment of such animals.
•
Page 1 of 8
000110
REPORT TO CITY COUNCIL Agenda Item: B-12
CITY OF ATASCADERO
Through: Ray Windsor, City Manage V Meeting Date: 10/27/92
From: Mark Joseph, Administrative Services Director;
SUBJECT: Renewing the County' s Animal Control Services --Agreement
RECOMMENDATION: Approve Resolution No. 102-92, authorizing the
Mayor to execute the attached agreement for Animal Control
Services.
BACKGROUND: The County has provided contracted animal services
to the City. In FY 91-92, the price literally doubled, from
almost $29,000 to over $68,000. In response, the Cities of
Atascadero and Paso Robles explored the possibility of providing
animal services on our own. Prior to implementation, the County
reevaluated its contract and significantly revised the format and
lowered the cost.
Based on the attached agreement, the basic service package
would cost $60,350. Additional services (such as investigating
animal complaints) would be charged at $49.00 per hour. Humane
education would be billed at $.20 per capita (not recommended) .
Finally, the County has suggested $7,000 be set aside for
spay/neuter assistance.
FISCAL IMPACT: Council budgeted $70,000 for animal services to
be provided by the County. Given this figure and the costs noted
above, staff recommends the basic package and $9,000 for
spay/neuter services. No humane education (approximately $4,600)
is recommended; City Requested Services will be kept to a
minimum.
a:Animal Control
#3A
•
00010'7
RESOLUTION NO. 102-92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
THE COUNTY OF SAN LUIS OBISPO
TO
PROVIDE ANIMAL CONTROL SERVICES
The City Council of the City of Atascadero, California,
hereby resolves as follows:
1. The Mayor is hereby authorized to execute an agreement
with: San Luis Obispo County to provide animal control
services for the City of Atascadero.
2. The City Manager is hereby authorized to make minor
corrections or modifications of a mathematical or
clerical nature.
3. The Finance Director is hereby authorized to:
appropriate funds, if necessary; release and expend
funds; and issue warrants to comply with', the terms of
this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Atascadero held on the 27 day of October, 1992.
CITY OF ATASCADERO, CALIFORNIA
By.
• ROBERT P. NIMMO, Mayor
ATTEST:
LEE RABOIN, City Clerk
s
000108
COUNTY OF SAN LUIS OBISPO
HEALTH AGENCY
1850
Department of Public Health
2191 Johnson Avenue • P.O.Box 1489
San Luis Obispo,California 93406
(805)549-5500 July 2�, 1992
Ray Windsor, City Manager
City of Atascadero
6500 Palma Avenue
Atascadero CA 93442
Dear Mr. Windsor:
In response to city requests for a contract format which allows for
greater local choice in determining the services to be provided to -
a city by the county's Department of Animal Regulation, the cities'
representatives on the Animal Control Advisory Committee and the
county working together have developed the enclosed services
agreement.
This agreement defines a package of nine Basic Services which would
be provided to all cities. The cost for the Basic Services package
would be 15% lower than the current, all-inclusive agreement.
Under the agreement, cities may also request four additional
services which would be charged on an hourly rate basis. Humane
Education Services would also be an option, and if elected by the
city, would be charged at a fixed per capita rate.
Billing to the city for services by the county will be done
quarterly.
Regarding the Spay-Neuter Assistance Program, the county will
transfer $25,000 from the Trust Fund (forfeited spay and neuter
deposits) into the Assistance Program for all citizens. Beyond
this amount, participation by a city in the Spay-Neuter Assistance
Program would be at the discretion of the city. When the $25, 000
transferred from the Trust Fund is exhausted (first come, first
served) , money will only be issued to residents of cities that have
contributed to the program.
The Animal Regulation Advisory Committee unanimously recommends
this contract to you for your city's consideration and approval.
Should you wish any additional information, please contact me at
549-5519.
Sincerely,
Thomas W. Maier, Ph.D. , Director
Animal Regulation (Interim)
Enc. ,
000109
4) The capture or attempted capture of dogs running loose in violation of leash laws or other
loose animals which would pose a hazard to health or safety.
5) Services for returning impounded animals to their owners, adoption of or humane
destruction of animals received or brought to the shelter.
6) Emergency services for injured stray dogs or cats, dogs causing an immediate threat to
public safety or suspect rabid animals.
a) Calls for response within the City limits after normal business hours will be referred
to the Watch Commander at the Police Department for approval. The Watch
Commander will determine whether the call will be referred to Animal Regulation.
7) Investigation of all animal bites involving humans and the quarantine of biting animals.
8) Investigations of exposures to rabid animals or suspect rabid animals at large and the
quarantine or destruction of animals which were in contact with rabid animals.
9) Dead Animal Pick up- pick up of dead household pets or small wildlife in residential areas.
C. City Requested Services - defined as follows:
. 1) Services associated with the investigation and resolution of nuisance complaints involving
animals, including barking or other noise complaints, leash law violation complaints and
unsanitary conditions complaints.
2) Services associated with the preparation of cases for prosecution and court actions on
"multiple bite" or vicious dogs.
3) Services associated with the investigation and prosecution of cases involving animal
cruelty.
4) Emergency or after hour services for any other reason than the Basic Package. Emergency
services in this category are limited to:
a) Sick dogs or cats.
b) Arrest hold animals.
c) Calls that have been approved by the Watch Commander and referred to Animal
Regulation.
• Page 2 of 8
000111
D. Citizen Requested Services-any service such as owned animal pick up, which is performed for the
convenience of the citizen and for which the individual requesting the service is charged a fee. Defined
as follows:
1) Owned Animal Pick Up
2) Owned Dead Animal Pick Up
3) Euthanasia of Owned Animals
4) Transportation to Veterinarians of Owned Animals
5) Duplicate License Tags/Transfer of Ownership Fees
6) Any other service provided for owned animals.
E. Humane Education Services- Education on responsible pet ownership at schools and public events
usually involving the Humane Education Canine and one or more Animal Control Officers.
F. Spay/Neuter Services -The provision of certificates for reduced cost spay/neuter of animals or the
provision of low-cost spay/neuter services.
G. Operation Permit Services - Services for the inspection and issuance of Animal Use Operation
permits.
2. Services To Be Provided by County
A. Maintain an Animal Regulation Department - to provide management and supervision of the
program,to keep records and statistics as established in policy and approved by the Animal Regulation
and Control Advisory Committee as defined hereafter.
B. Animal Shelter - maintain, or cause to maintain an Animal Shelter to provide for the'care, housing
and disposal of animals impounded within the city or County or delivered by city or County residents.
C. Basic Services - to provide Basic Services to all subscribing jurisdictions within the County.
D. Specific Agreements - to provide pursuant to specific agreements with each city:
1) City Requested Services
Page 3 of 8
000112
2) Humane Education Services
3) Spay/Neuter Services
E. Citizen Requested Services - to provide Citizen Requested Services to all citizens of the County
regardless of jurisdiction.
F. Operation Permit Services - to provide Permit Services to all citizens of the County regardless of
jurisdiction.
3. Animal Regulation and Control Advisory Committee -There shall be an Animal Regulation and Control
Advisory Committee whose responsibility it will be to review and recommend on all matters of
Departmental Policy regarding overall program administration, level and quality of service, budget, and
ordinance development and amendments. This Advisory Committee shall be made up of: one
representative from each City contracting with the County, one representative from the County
Veterinarians' Association,one representative from an animal welfare society, one representative from
the County Health Department, one representative of the Highway Patrol, one representative from the
Department of Animal Regulation, one representative of the County Administrative Office, and one
representative from the County Sheriff's Department. The Committee shall receive staff support from
the Department of Animal Regulation. There shall be three subcommittees as follows:
A. Budget and Finance
B. Facilities
C. Operations
4. Supervision - The rendition of services specified in paragraph 2 of this Agreement, and matters
incidental to the performances of said services, and the control of personnel so employed, shall remain
in the County.
5. Cooperation - To facilitate the performance of the foregoing functions, it is hereby agreed that the
County shall have the full cooperation and assistance from the City, its officers, agents, and
employees.
6. Employee Compensation and Liability - City shall not be called upon to assume any liability for the
direct payment of any salaries, wages, or other compensation to any County personnel performing
services hereunder, or any liability other than that provided in the Agreement. The City shall not be
liable for compensation or indemnity to any County employee for injury or sickness arising out of
his/her employment.
7. Indemnification -Nothing in the provisions of the Agreement is intended to Beate duties or obligations
to or rights in third parties not parties to this contract or affect the legal liability of either party to
contract by imposing any standard of care respecting the regulation and enforcement of laws regarding
animals different from the standard of care imposed by law.
• Page 4 of 8
000113
It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any
damage or liability occurring by reason of anything done or omitted to be done by the County under
or in connection with any work, authority or jurisdiction delegated to the County under this Agreement.
It is also understood and agreed that pursuant to Government Code 895.4, County shall defend,
indemnify and save harmless the City, all officers and employees from all claims, suits or actions of
every name, kind and description brought for or on account of injuries to or death of any person or
damage to property resulting from anything done or omitted to be done by the County under or in
connection with any work, authority or jurisdiction delegated to the County under this Agreement
except as otherwise provided by Statute.
It is understood and agreed that neither County nor any officer or employee thereof is responsible for
any damage or liability occurring by reason of anything done or omitted to be done by the City under
or in connection with any work, authority or jurisdiction delegated to the City under this Agreement:
It is also understood and agreed that pursuant to Government Code Section 895.4, City shall defend,
indemnify and save harmless the County, all officers and employees from all claims, suits or actions
of every name, kind and description brought for on account of injuries to or death of any person or
damage to property resulting from anything done or omitted to be done by City under or in connection
with any work,authority or jurisdiction delegated to the City under this Agreement except as otherwise
provided by Statute.
8. Emoloyee Status - All persons employed in the performance of the services and functions specified in
paragraph 2 of this Agreement shall be County employees; no present City employee shall become a
County employee by reason of this Agreement; and no person employed hereunder shall have any City
pension, Civil Service, or any similar status or right. For this Agreement, and for the sole purpose of
giving legal status to the performance of the duties and responsibilities herein, every County officer
-and the employee engaged in their performance of any service hereunder shall, where necessary, be
deemed an officer or employee of City while performing the services for City.
9. Prosecution - It shall be the duty of the City Attorney, exercising the discretion vested in his office,
to prosecute violations of the City Animal Ordinance, and take appropriate legal action with respect
to the abatement of any public nuisance involving animals occurring within City's corporafe limits.
except as provided below.
10. Term and Renewal - This Agreement shal a effective on the 1st day of July, 1992, and shall
terminate on the 30th day of June, 1995 All fees, charges, and payments required by paragraph 12
(A-C) and paragraph 15 shall be adjusted each July 1 st of the three year duration of the contract. This
adjustment shall be for any increase in County's cost of providing services. The Department
appropriation Budget shall be used to determine percentage of increase. This percentage shall not
exceed five (5) percent for any one year of the contract period.This contract is subject to cancellation
by either party by notification in writing of the desire to terminate contract. Notification shall be
required 30 days in advance of the termination date.
Page 5 of 8
000114
11. Allocation of Costs
A. Budget Submission - By March 1 of each year a budget with supporting documentation shall be
provided to the Budget and Finance Subcommittee. This budget shall specify:
1) The estimated expenses, revenues and net cost of providing basic services for the next
fiscal year and the pro-rata share for each city jurisdiction.
2) The hourly rate to be charged to cities for City Requested Services and after hours
Emergency Services included in the Basic package
3) The estimated cost of Education Services and the pro-rata share for each city jurisdiction.
4) The estimated need and amounts for Spay/Neuter Services.
B. Costs Development - costs will be developed and maintained in accordance with a methodology
approved by the County Auditor-Controller and by the Budget and Finance Subcommittee.
1) Cost for the Basic Package will be based upon the total cost of providing the Basic package
minus the revenue for those services and the resulting Net Cost being distributed on a per
capita basis for each city.
2) Hourly rate for services will be determined by allocating all personnel, equipment and
vehicle costs to the productive hours worked by Animal Control Officers.
a) Billing will be broken down to the closest 15 minute increments for hourly
services.
b) Emergency Services provided after normal business hours (9:00am to 5:00pm and
County Holidays), will be billed at a two (2) hour minimum. This is for services
provided in the Basic Package and in the City Requested Package.
3) Humane Education costs will be determined by the total cost of the program including
salaries, supplies and transportation distributed on a per capita basis.
4) Spay/Neuter costs will be determined by estimating the dollar amount necessary to issue
certificates to citizens within the City limits for the fiscal year.
C. City Notification - no later than April 1 of each year, each city shall be notified of its pro-rata share
of Basic Services and Humane Education, the hourly rate for City Requested Services, and the amount
needed for Spay/Neuter Services. The city shall notify the County no later than July 1 of their
agreement to pay for basic services and other services in each subsection.
D. Actual Costs - See Attachment A.
s
Page 6 of 8
000115
12. County Billing - County shall bill city quarterly for their pro-rata share of Basic Services and Humane
Education Services and the amount due for the City Requested Services from the previous quarter.
13. Modification-This contract constitutes the entire understanding of the parties hereto and no changes,
amendments or alterations shall be effective unless in writing and signed by both parties.
14. Ordinance Conformity - City agrees to adopt animal control ordinances which conform to and are not
in conflict with Chapter 9 of the San Luis Obispo County Code. Changes and modifications to City
codes may be conducted with the County Department of Animal Regulation's consultation before
adoption. County Department of Animal Regulation may also make recommendations to City for
changes or modifications to their City ordinance.
15. Books and Records- County agrees to keep such books and records and in such form and manner as
County Auditor-Controller shall specify. Said books shall be open for examination by City at all
reasonable times.
16. Notices - Any notice required to be given pursuant to the terms and provisions hereof shall be in
writing and shall be sent by certified or registered mail to the County at:
Department of Animal Regulation
P.O. Box 3760
and tothe Cit
San Luis Obispo, CA 93403
•
City at:
City of Atascadero
Page 7 of 8
000116
• IN WITNESS THEREOF, City of Atascadero by resolution duly adopted by its City Council causes
this Agreement to be signed by its mayor and attested by its clerk, and County of San Luis Obispo by-
order of the Board of Supervisors causes these presents to be subscribedby Chairman of said Board
and seal of said Board to be affixed hereto attested by clerk of said:
CITY OF COUNTY OF SAN LUIS OBISPO
By: By:
Mayor Chairman, Board of Supervisors
ATTEST: ATTEST:
By. By:
City Clerk Board of Supervisors
y:
Cou ty Counse
Date: .3
Page 8 of 8
,ao\wp611citycorAcornractVAsy 28.1992
00011'7
AGREEMENT FOR
ANIMAL CONTROL SERVICES •
Attachment A
Allocation of Service Costs for the city of Atascadero for the Fiscal Year 1992-93 will be as
follows:
1. Basic Package $ 60,350.
2. City Requested Services $ 49.00/hour
3. Humane Education Services $ .20/capita
4. Spay/Neuter Services $-7,000
000118
RESOLUTION NO. 107-92
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, PROVIDING FOR THE ISSUANCE
OF 1992-93 TAX AND REVENUE ANTICIPATION NOTES
WHEREAS, in accordance with Article 7.6 of
Chapter 4, Part 1, Division 2, Title 5 of the Government Code
of the State of California (the Code) , entitled "Temporary
Borrowing, " the City Council of the City of Atascadero
California (the "City Council") , intends to issue 1992-93 Tax
and Revenue Anticipation Notes (the "Notes") of the City of
Atascadero, California (the "City") , in an aggregate principal_
amount of not to exceed $3, 000,000; and
WHEREAS, the City Council hereby finds and
determines that the City needs to borrow funds in an amount _
not to exceed $3,000, 000 in fiscal year 1992-93 for authorized
purposes of the City and the City Council intends to authorize
for that purpose the issuance of, and offer for sale, tax and
revenue anticipation notes of the City an in aggregate
principal amount of not- to exceed $3,000,000 (the "Notes")
pursuant to the cited provisionsapplied
of the Code
to be for
P
any purposes for which the City is authorized to 'expend
moneys;s• and
WHEREAS, the Notes may bear interest not exceeding
twelve percent (12%) per annum, as permitted by Section 53531
of-the Code, notwithstanding Section 53584 of- the Code; and
WHEREAS, the Notes will not be outstanding after the
period ending 13 months from the date on which the Notes are
issued and will not be issued in an amount greater than the
maximum anticipated cumulative cash flow deficit of the City
to be financed by the anticipated tax or other revenue sources
for which such taxes or other revenues are anticipated and
during which such Notes are outstanding, all as provided in
Treasury Regulation 1.103-14 (c) under the Internal Revenue
Code of 1954, as amended (together with the Internal Revenue
Code of 1986, as amended, the "Tax Code") ; and
WHEREAS, the City hereby designates its City
Treasurer (the "Treasurer") to serve as fiscal agent, paying
agent and as agent for the City in matters relating to the
Pledged Revenues (defined below) ; and
WHEREAS, Bank of America, NT&SA (the "Underwriter")
has submitted to the City an offer to purchase all of said
Resolution No. 107-92
Page 2
Notes at a discount to be established prior to execution of a
Contract of Purchase (the "Contract of Purchase") , and the
City Council desires to have the Underwriter purchase the
Notes on the terms to be stated therein;
NOW, THEREFORE, the City Council of the City of
Atascadero hereby resolves as follows:
Section 1. Authorization of Issuance of Notes:
Terms Thereof. Subject to the conditions set forth in
Section 6 below, the City Council hereby determines to and
shall issue an aggregate principal amount of not to exceed
$3,000,000 of its 1992-93 Tax and Revenue Anticipation Notes
(the "Notes") ; to be numbered from 1 consecutively upwards in
order of issuance; to be in the denominations of $5,000 or any
integral multiple thereof, as directed by the Underwriter; to
be dated the date of delivery thereof; to mature (without
option of prior redemption) on the date and in the amounts
stated in the Notes, such maturity date to be no more than 364
days from the date of delivery thereof nor more than 13 months
after the date on which the Notes are issued; and to bear
interest, payable at maturity and computed on a 30-day
month/360-day year basis, at the rate determined at the time
of sale thereof -to the Underwriter, but -not in excess of
twelve percent (12%) per annum. Both the principal of and the
interest on the Notes shall be payable, but only upon
surrender thereof, in lawful money of the United States of
America in accordance with the provisions of Section 2 hereof.
Section 2. Form of Notes. The Notes will be
delivered in book-entry-only form by appointing the Depository
Trust Company ("DTC") , 55 Water Street, 19th Floor, New York,
New York 10041, to act as securities depository for the
.Notes. A single Note substantially in the form of Exhibit A
hereto, representing all of the outstanding Notes, will be
executed and, on the day prior to closing, delivered to DTC.
There shall be printed on the reverse of or attached to each
Note the legal opinion of Buchalter, Nemer, Fields & Younger
respecting the validity of the Notes and exclusion of the
interest thereon from gross income for federal income tax
purposes and the exemption of such interest from State of
California personal income taxes. Upon closing, the City
shall notify DTC at which time DTC (in accordance with the
Letter of Representations defined below) will credit the
account of the Underwriter, and process the book-entry
deliveries to the accounts of the subsequent purchasers of
interests in the Notes. The single Note will be lodged with
DTC until maturity of the Notes. On the date of maturity of
the Notes, the Treasurer shall remit to DTC sufficient funds
to pay all outstanding principal and interest due with respect
to the Notes.
Resolution No. 107-92
Page 3
The City Manager and the Treasurer are hereby
instructed to take all action necessary in order to qualify
the Notes with DTC for book-entry-only issuance, including
entering into a Letter of Representations with DTC (the
"Letter of Representations") setting forth the terms and
conditions of, and procedures for the book-entry-only form of
issuance and, with the assistance of the Underwriter, the
completion of and delivery to DTC's Underwriting Department of
the requisite Eligibility Questionnaire in the form required
by DTC not later than ten (10) business days prior to closing.
DTC shall act as clearing agent with respect to the
payment of principal and interest on the Notes to the
subsequent purchasers thereof.
Section 3. Deposit of Note Proceeds. The moneys
representing the proceeds of sale of the Notes shall be
deposited into the City's general fund. Following such
deposit, said proceeds shall be withdrawn and expended by the
City for any lawful purpose for which the City is authorized
to expend moneys, including, but not limited to, current
expenses, capital expenditures and the discharge of any
obligation of indebtedness of the City.
Section 4 . Payment of Notes.
(A) Source of Payment. The principal amount of the
Notes, together with the interest thereon, shall be payable
from taxes, income, revenue, cash receipts and other moneys
which are received by the City during fiscal year 1992-93 and
which are available therefor. Pursuant to Section 53857 of
the Code, the Notes shall be the general obligations of the
City, and to the extent the Notes are not paid from the
fledged Revenues identified below, the Notes shall be paid
with interest thereon from any other moneys of the City
lawfully available therefor, as provided in this Resolution of
the City Council and otherwise by law.
(B) Pledged Revenues. As security for the payment
of principal of and interest on the Notes, by this Resolution,
the City hereby pledges an amount equal to fifty percent (50%)
of the principal amount of the Notes from the first
unrestricted revenues received by the City during the month
ending April 30, 1993; an amount equal to thirty percent (30%)
of the principal amount of the Notes from the first
unrestricted revenues received by the City during the month
ending May 31, 1993; and an amount equal to twenty percent
(20%) of the principal amount of the Notes, plus an amount
sufficient to pay interest on the Notes, from the first unre-
stricted revenues received by the City in the month ending
June 30, 1993 (the "Pledged Revenues") . The term
•
esolution No. 107-92
'age 4
"unrestricted revenues" shall mean taxes, income, revenue,
cash receipts and other moneys of the City, as provided in
Section 53856 of the Code, which are intended as receipts for
the general fund of the City and which are generally available
for the payment of current expenses and other obligations of
the City. There is hereby established and created the special
fund designated in paragraph (C) below, to be maintained by
the Treasurer in the name and on behalf of the City, into
which the Treasurer shall promptly deposit all Pledged
Revenues of the City when and as received, without further
permission of or instruction by the City Council. From the
dates of receipt by the Treasurer of any Pledged Revenues, the
City shall have no right, title or interest therein, and the
Treasurer shall have the sole right of withdrawal from the
Repayment Fund hereinafter established for the purposes
described in this Resolution.
The principal of the Notes and the interest thereon
shall be a first lien and charge against and shall be payable
from the first moneys received by the City constituting such
Pledged Revenues, as provided by law.
In the event there are insufficient unrestricted
revenues received by the City to permit the deposit into the
Repayment Fund (as hereinafter defined) of the City of the
full amount of Pledged Revenues required hereunder to be
deposited from unrestricted revenues in a given month, then
the amount of any deficiency shall be satisfied and made up
from the first additional moneys of the City received and
lawfully available for the repayment of the Notes and the
interest thereon.
(C) Deposit of Pledged Revenues in Repayment Fund.
The Pledged Revenues for the City shall be held by the
Treasurer in a special fund designated as the "City of
Atascadero, California, 1992-93 Tax and Revenue Anticipation
Notes Repayment Fund" (herein called the "Repayment Fund") ,
and applied as directed in this Resolution. Moneys placed in
the Repayment Fund shall be for the sole benefit of the
holders of the Notes, and until the Notes and all interest
thereon are paid in full or until provision has been made for
the payment of the Notes at ma1Fundlth shalltbeest to such
applied only
date, the moneys in the Repayment
for the purposes for which the Repayment Fund was created.
(D) Disbursement and Investment of Moneys in
Repayment Fund. From the date this Resolution takes effect,
all Pledged Revenues shall, when received, be deposited into
the Repayment Fund. After such date as the amount of the
Pledged Revenues deposited in the Repayment Fund shall be
sufficient to pay in full the principal of and interest on the
Resolution No. 107-92
Page 5
Notes, when due, any moneys in excess of such amount remaining
in or accruing to the Repayment Fund shall be transferred to
the general fund of the City. On the maturity date of the
Notes, moneys on deposit in the Repayment Fund shall be used,
to the extent necessary, to pay the principal of and interest
on the Notes.
Moneys in the Repayment Fund, to the greatest extent
possible, shall be invested in investment securities by the
Treasurer, as permitted by applicable California law, as now
in effect and as it may be amended, modified or supplemented
from time to time.
Section 5. Execution of Notes. The Treasurer is
directed to cause to be lithographed, printed or engraved a
sufficient number of blank Notes of suitable quality, showing
on their face the interest rate(s) applicable thereto. The
Treasurer, or any designated deputy thereof, is hereby
authorized to sign the Notes manually, and the City Manager is
hereby authorized to sign the Notes manually or by facsimile
signature and the City Clerk is hereby authorized to
countersign the Note manually or by use of his or her
facsimile signature and said City Clerk is hereby authorized
to affix the seal of the City thereto by- facsimile impression `
thereof, and said officers are hereby authorized to cause the
blank spaces on the form of Notes to be filled in prior to
initial delivery as may be appropriate.
Section 6. Approval of Contract of Purchase. The
City Manager is hereby authorized to execute and deliver a
Contract of Purchase, in the form to be delivered by the
Underwriter on such terms as the City Manager may approve,
such approval to be conclusively evidenced by his execution
and delivery thereof; provided, however, that the maximum
effective interest rate on the Notes shall not exceed four
percent (4%) per annum and the discount which the City Manager
may approve shall not exceed two percent (2%) of the par
amount of the Notes. The City Manager is further authorized
to determine the maximum principal amount of Notes to be
specified in the Contract of Purchase for sale by the City,
not to exceed $3, 000,000, and to enter into and execute the
Contract of Purchase with the Underwriter, if the conditions
set forth in this Resolution are satisfied.
Section 7. Delivery of Notes. The City Manager is
hereby authorized and directed to deliver the Notes to
Underwriter upon payment therefor in accordance with the
Contract of Purchase. All actions heretofore taken with
respect to the sale and issuance of the Notes are hereby
approved, confirmed .and ratified, and the City Manager is
hereby authorized and directed, for and in the name and on
Resolution No. 107-92
Page 6
behalf of the City, to do any and all things and take any and
all actions and execute and deliver any and all certificates,
agreements and other documents, including but not limited to
those described in the Contract of Purchase, which may be
deemed necessary or advisable in order to consummate the
lawful issuance and delivery of the Notes in accordance with
this Resolution.
Section 8. Bond Counsel. The law firm of
Buchalter, Nemer, Fields & Younger, a Professional
Corporation, Los Angeles, California, is hereby appointed as
Bond Counsel for the issuance of the Notes.
Section 9. Approval of Preliminary Official
Statement and Official Statement. The Underwriter is hereby
authorized to prepare a Preliminary and a Final Official
Statement to be used in connection with the offering and sale
of the Notes and the City Manager is hereby authorized to
approve the Official Statement, such approval to be
conclusively evidenced by his execution thereof for and on
behalf of the City.
Section 10. _ Rebate Exception. The City intends to
qualify under the "small governmental unit" exception of
Section 148 (f) (4) (C) of the Tax Code to be exempt from the
rebate requirements of Section 148 (f) (2) of the Tax Code, and,
therefore, the aggregate face amount of all tax-exempt
obligations (other than private activity bonds) issued by the
City (and all subordinate entities thereof) during the 1992
calendar year, which is the calendar year in which the Notes
are issued, is not reasonably expected to exceed $5, 000,000.
Section 11. $ank Oualification. The City Council
specifically finds, determines and declares that the Notes are
designated to be "qualified tax-exempt obligations" for
purposes of Section 165(b) (3) of the Tax Code. In connection
with this designation, the City Council hereby represents that
it intends to issue less than $10,000,000 in tax-exempt
obligations for calendar year 1992, including the Notes.
Resolution No. 107-92
Page 7
Section 12. This Resolution shall take effect
immediately upon its adoption by the City Council, and the City
Clerk shall certify the vote adopting this resolution.
On motion by Councilperson and seconded by
Councilperson , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE RABOIN, City Clerk By:ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
RESOLUTION No. 107-92
EXHIBIT "A"
Page 1
EXHIBIT A
CITY OF ATASCADERO
COUNTY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
1992-93 TAX AND REVENUE ANTICIPATION NOTE
Dated Date: Maturity Date:
November , 1992 November _, 1992
Principal Amount:
$
CUSIP:
FOR VALUE RECEIVED, the City of Atascadero, San Luis
Obispo County, California ("City") , acknowledges itself
indebted to and promises to pay to CEDE & CO. , or registered
assigns, at the office of the Treasurer of the City the in
principal sum of DOLLARS ($ ) ,
lawful money of the United States of America, on November
1993, together with interest thereon at the rate of
percent ( %) per annum computed on a 30-day month/360-day year
basis, in lawful. money of the United States of America from_
the date hereof until payment in full of said principal sum.
Both the principal of and interest on this note shall be
payable only upon surrender of this note at the office of the
Treasurer of the City as the note shall fall due; provided,
however, that no interest shall be payable for any period
after maturity during which the holder hereof fails properly
to present this note for payment.
It is hereby certified, recited and declared that
this is one of an authorized issue of notes in the aggregate
principal amount of dollars ($-
all of like date, tenor and effect, made, executed and given
pursuant to and by authority of a resolution duly passed and
adopted on October 27, 1992, by the City Council of the City
of Atascadero, under and by authority of Article 7.6
(commencing with Section 53850) of Chapter 4, Part 1, Division
2, Title 5, California Government Code, and that all acts,
conditions and things required to exist, happen and be
performed precedent to and in the issuance of this note have
existed, happened and been performed in regular and due time,
form and manner as required by law, and that this note,
together with all other indebtedness and obligations of the
City, does not exceed any limit prescribed by the Constitution
or laws of the State of California.
The principal amount of the notes, together with the
interest thereon, shall be payable from taxes, income,
RESOLUTION No. 107-92
EXHIBIT "A"
Page 2
revenue, cash receipts and other moneys which are received by
the City during fiscal year 1992-93. As security for the
payment of the principal of and interest on the notes, the
City has pledged an amount equal to fifty percent (50%) of the
principal amount of the Notes from the first unrestricted
revenues received by the City in the month ending April 30,
1993; an amount equal to thirty percent (30%) of the principal
amount of the notes from the first unrestricted revenues
received by the City in the month ending May 31,, 1993; and an
amount equal to twenty percent (20%) of the principal amount
of the notes plus an amount sufficient to pay interest on the
notes, from the first unrestricted revenues of the City to be
. received in the month ending June 30, 1993 (such pledged
amounts being hereinafter called the "Pledged Revenues") , and
the principal of the notes and the interest thereon shall be
payable from the Pledged Revenues, and to the extent not so
paid shall be paid from any other moneys of the city lawfully
available therefor.
Unless this note is presented by an authorized
representative of DTC to the City or its agent for
registration of transfer, exchange or payment, any Note issued
will be registered in the name of Cede & Co. or such other
name as requested by an authorized representative of DTC and
any payment is made to Cede & Co. , ANY TRANSFER, PLEDGE OR
OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL SINCE THE REGISTERED OWNER HEREOF, CEDE' & CO. , HAS AN
INTEREST HEREIN.
IN WITNESS WHEREOF, the City Manager and the City
Treasurer of the City of Atascadero, California, have
executed this Note and have caused it to be countersigned by
RESOLUTION NO.107-92
EXHIBIT "A"
Page 3
the City Clerk, which signatures may be facsimile signatures,
except that one of such signatures shall be manual and have
caused a facsimile of its official seal to be printed hereon
as of this day of November, 1992.
By
City Manager
By
City Treasurer
[SEAL]
Countersigned:
By
City Clerk - - `
REPORT TO CITY COUNCIL nda Item: D-2
CITY OF ATASCADERO
Through: Ray Windsor, City Manage Meeting Date: 10/27/92
From: Mark Joseph, Administrative Services Director
TZ i
SUBJECT: Establishing an Assessment District for the Camino Real
Fashion Outlet Center
RECOMMENDATION:
1. Council approve Resolution No. 106-92, establishing an
assessment district formation fee of one percent (1%)
of the bond proceeds.
2. Review this report and attached material and give
direction to staff regarding formation of the district.
BACKGROUND:
Council approved the Camino Real Fashion Outlet project
February 25, 1992. Since then, the project developers,.
Goldenwest Developers, have prepared the necessary plans and
specifications, and those plans are in the review phase. In
addition, Council conditioned the project for a number of public
improvements, such as sewer extension, street widening, traffic
signals and public parking. -
Goldenwest has petitioned the City to create an assessment
district to pay for those public improvements. The necessary
resolutions are attached for Council review.
ANALYSIS/DISCUSSION
1. The Process The cover letter from Mr. Robert Haight
summarizes what each of the various resolutions will do. Two
issues need to be pointed out. First, the property owners have
waived their right to a protest public hearing. As a result, the
formation can be completed by Council' s approval of the various
resolutions (Indeed, if Council supports the project, these
resolutions could be included on Council' s November 10 Consent
Calendar) .
The second point relates to the fourth resolution. This is
the resolution that spells out the general terms of the financing
and the City's limited liability. Specifically, the bonds may be
issued for as many as 39 years; an annual administrative fee may
be charged up to 2 percent of the annual assessment
(approximately $3-4,000) to cover trustee fees and staff costs;
that the district also allows the City to levy an annual fee to
cover the costs of maintaining the improvements, once they are
turned over to the City and, finally, a reserve fund will be
000120
established to cover debt payments in the event of default. The
City' s liability is limited to initiating foreclosure proceedings
if payments are not received within 150 days. The City itself is
not responsible for the payments; that would be provided -- at
least initially -- from the reserve fund.
The one-time, one percent fee as set forth in Resolution
106-92 has been discussed with Goldenwest and they have no
objection to the fee. The fee will offset staff' s costs in
implementing the district. The fee would be collected when the
bonds are sold.
2. Advantages to the City - The primary advantage to the City is
that the district would facilitate the completion and opening of
the Fashion Outlet Center. In addition, the provisions of the
resolution eliminate any direct or even indirect costs to the
City.
3. Advantages to Goldenwest - The developer will receive fixed,
long-term financing, at lower than prevailing rates (the bonds
would be tax-exempt) . In addition, the district should
facilitate securing the balance of financing needed from the
private sector, since banks (and other investors) prefer sharing
the costs of a project, rather than being responsible for the
total loan.
4. Safeguards - In addition to the City' s limited liability, the
law also requires that the appraised value of the land, after the
public improvements are completed (but prior to the construction
of any buildings or other facilities) , must be at least three
times the amount of the bonds sold for the district. This is to
assure that there is sufficient equity in the event of default.
If the appraised value will not equal the 3: 1 ratio, then the
amount of bonds sold must be reduced accordingly.
Despite these safeguards, it must also be acknowledged that
there is always some level of risk, and that undeveloped land
offers more potential risk than developed land (such as a
residential area) . In the final analysis, a major deciding
factor is the strength of the proposed project itself.
FISCAL IMPACT
As noted above, there are no unreimbursed direct or indirect
costs to the City -- even ongoing maintenance costs are
reimbursable from the district. Legal liability is also limited.
To the extent the district facilitates the completion and opening
of the outlet center, the significant positive financial benefits
are well documented in the EIR (approximately $200-300,000 per
year in additional city revenues) .
a:res106-92
#31
000121
RESOLUTION NO. 106-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ASSESSMENT DISTRICT FORMATION
ADMINISTRATIVE FEE. -
WHEREAS, creation of assessment districts are, beneficial to
both the City in general and the affected property owners in
particular; and
WHEREAS, the administrative costs of creating such districts
should not normally be a cost on taxpayers in general;
NOW THEREFORE BE- IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ATASCADERO:
1. That a one-time administrative fee of one percent (1%)
of the bond proceeds of any assessment district shall be charged
to recover the City' s costs of forming said district.
2. That the fee will be collected only after the district
is approved and bonds are sold;
3. The Council may waive the fee if, in its sole
discretion, it finds the City's best interests are served.
4. This resolution shall become effective immediately upon
adoption.
On motion by Councilperson , seconded by
Councilperson , the foregoing resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
• ROBERT P. NINNO
000122
ATTEST: �.
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
000123
PETITION
FOR THE ACQUISITION AND/OR CONSTRUCTION OF IMPROVEMENTS
BY SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS,
AND WAIVER OF PROCEEDINGS AND LIMITATIONS UNDER
DIVISION 4 OF THE STREETS AND HIGHWAYS CODE
CAMINO REAL IMPROVEMENT PROJECT
TO THE HONORABLE CITY COUNCIL
City of Atascadero
Ladies and Gentlemen:
The undersigned respectfully petition your Honorable Bodyand show as follows:
1. That they are all of the owners as shown on the Assessor's roll, or on the County
Assessor's records on which general taxes were collected, in area of all of the parcels of
property hereinafter described.
2. That you take proceedings pursuant to the Municipal Improvement Act of 1913
and issue bonds pursuant to the Improvement Bond Act of 1915 for the acquisition and/or
construction of the improvements to be constructed within Camino Real Improvement
Project, as said improvements are more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference,including the construction of all improvements,
and the acquisition of all lands, easements, facilities and rights, auxiliary to the foregoing
and necessary to complete the same.
3. We further petition you to include the formation of a maintenance district in
said special assessment proceedings to provide for the costs and expenses of the annual
operation and maintenance of the above improvements, if necessary, including, but not
limited to, a maintenance district for the purpose of maintaining landscaped- areas within
the pubic right of way on the perimeter of the subdivision, if necessary.
4. We understand that:
a. The cost of the improvements and the annual operation and
maintenance will be charged to the land which benefits from the improvements, including
our land.
b. A report will be prepared for the project including plans and
specifications, a detailed cost estimate, and a division of the costs among the benefited
parcels, and that you will conduct a public hearing on the report, after notification to each
property owner of the division of such costs.
1
000124
C. The cost of engineering, legal, and other incidental fees and expenses
will be included in the project cost to be shown in the above report.
d. Each property owner may pay his assessment either in cash without
interest or in installments with interest over a period of years.
5. That you assess the cost of said acquisitions and improvements (including the
annual operation and maintenance thereof), together with the incidental expenses of said
proceedings, upon the district benefited thereby, the exterior boundaries of which are
described as the exterior boundaries of the composite and consolidated area of all parcels
of property more particularly shown on a map thereof attached hereto (and incorporated
herein by reference) and to be filed in the office of the City Clerk of the City of_
Atascadero, entitled: CAMINO REAL IMPROVEMENT PROJECT, which indicates by
a boundary line the extent of the territory included in the proposed district and which shall
govern for all details as to the extent of the assessment district.
6. That we authorize you to exercise your proper discretion as vested in you
pursuant to the Municipal Improvement Act of 1913 and the Improvement Bond Act of
1915 to consider all lawful petitions or protests which may be filed in the proceedings
herein requested to be undertaken, and in the exercise of such discretion to increase,
decrease, or otherwise modify the work and acquisitions to be done (including annual
operation and maintenance), and the boundaries of the assessment district.
7. THE UNDERSIGNED expressly waive the proceedings required under, and all
limitations of, the "Special Assessment Investigation, Limitation and Majority Protest Act-
of 193111, being Division 4 of the California Streets and Highways Code.
8. THE UNDERSIGNED expressly understand that in signing this Petition each
landowner is waiving certain rights otherwise provided by law to protest against and stop
the formation of the proposed assessment district, but that the signing of this Petition does
not affect the right of said landowner to file a protest relating to the Engineer's Report,
division of costs, and other matters related thereto, as provided in the California Streets and
Highways Code.
9. That in the event of the termination of these proceedings after they have been
instituted but prior to their completion, the undersigned owners will reimburse you for any
sums incurred or advanced by you up to said time for any costs of acquisition, construction,
inspection, engineering, legal or other services, printing, advertising, and bond discount, not
available from the proceeds of the assessment and sale of assessment bonds, or pay said
items directly to the parties furnishing the same.
10. That in the event the funds raised in the assessment proceedings are
insufficient, for any reason, to pay all of the costs of the acquisition and/or construction of
improvements, the undersigned owners will pay such costs prior to the acceptance of said
acquisitions and/or improvements by the City of Atascadero.
s
2
000125
1J1A0v1 AA1() 00(k A J
11. THE UNDERSIGNED estimate that the total cost of the project
described in Exhibit "A" and to be financed by the proposed assessment dis-
trict, includinthe direct and indirect costs associated with the issuing of
bonds secured%y the installments of such assessments, willbe $ a oto o 0,5 0. o o 4—
plus interest at the market rate at the time of the sale of the bonds oh said
amount amortized over a period of up to thirty-nine (39) years. Said amount is
only an estimate and reasonable increases and decreases are expected.
12. It is requested that your City Council appoint for this assessment
district , California as Design Engineer, and
Haight & Haight, Attorneys at Law, Scotts Valley, California, as Bond Counsel.
Date:
Respectfully Submitted,
Camino Real Fashion Outlets, Ltd.
Golden West Development Corp. , General Partner
By: Richard K. Shannon AP# 49-141-26 /
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PROPERTY OWNER PARCEL NO. r IGNATURE
Del Rio Center, Ltd.
Golden (Jest Development Corp. , General Partner '
Date: c�"- /.
B Miller-- AP# 49-1 IZL9- -
PROPERTY OWNER PARCEL Nt�
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3
000126
EXHIBIT "All
DESCRIPTION OF WORK
CAMINO REAL IMPROVEMENT PROJECT
The construction and installation of improvements to serve Camino
Real Improvement Project, are as follows:
The project consists of construction of street
improvements for the extension of Camino Real, including
grading, subgrade preparation, base rock, paving, concrete
curbs, gutters, and sidewalks, sanitary sewer, water main and
services, fire hydrant, street lighting, landscaping, parking
facilities, storm drainage, electrical and telephone utility
extensions, and appurtenances.
0
00012"7
iw 1W RMGHT & HMGHT
ATTORNEYS AT LAW
Municipal Bond Counsel
Robert M.Haight
Raymond M.Haight
Robert M.Haight,Jr.
Cameron A.Weist
October 1, 1992
Greg Luke
Director of Public Works
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
Re: Camino Real Improvement Project
Dear Greg:
Enclosed please find the initiating resolutions for the above-referenced project. The
. resolutions enclosed and a brief summary of each resolution are listed below:
1. Resolution Approving Proposed Boundaries of Assessment District. This
resolution approves the boundaries of the District by the approval of a map
on file with the City Clerk of the City.
2. Resolution Determining To Undertake Proceedings. This resolution states
the determination of the Council to proceed under the 1913 Act to form the
District and the 1915 Act to issue bonds to fund the cost of the proposed
improvements. The resolution determines that the petition signed by the
property owners is a valid petition and that 100% of the property owners
waived proceedings under the Special Assessment Investigation,.Limitation
and Majority Protest Act of 1931, being Division 4 of the Streets and
Highways Code.
3. Resolution Appointing Attorneys and Assessment Engineer. This resolution
appoints the Bond Counsel and Assessment Engineer to do and perform all
engineering and legal work necessary in and for said proceedings.
4. Resolution of Intention to Acquire and/or Construct Improvements. This
resolution states the intention of the Council to acquire or construct the
improvements pursuant to the 1913 Act and to issue bonds under the 1915
Act. The resolution (i) establishes that the improvements will benefit the
• property within the District, (ii) gives notice that the bonds will be issued
5522 Scotts Valley Drive • Scotts Valley,California 95066 • (408)438-6610 • Fax(408)438-1367
000128
Greg Luke
October 1, 1992
Page -2-
pursuant to the 1915 Act, (iii) directs the Assessment Engineer to prepare and
present an Engineer's Report pursuant to the 1913 Act, including plans and
specifications, an estimate of the cost of the improvements and_all incidental
costs, and a proposed spread of the costs among the subdivisions of property
in the District. Further, this resolution designates that the bonds to be issued
will be limited obligation bonds and that the general fund of the City will not
be used to make up any deficiencies in the payment of the bonds.
Also enclosed, please find the original Petition signed by the property owners. The
Petition must be included with the above resolutions submitted to the City Council for the
appropriate agenda.
Please do not hesitate to phone if you have any questions.
Very truly yours, •
HAIG HAIGHT
ROBERT M. HAIGHT
RMH:ik
Enclosures
cc: John Faulkenstein (w/encs.)
Jay Miller (w/encs.) -
Golden West Development
i
000129
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO APPROVING PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT
CAMINO REAL IMPROVEMENT PROJECT
WHEREAS, the City Council (the "Council") of the City of Atascadero (the
"City"), California, has been properly petitioned to initiate proceedings to form an
assessment district pursuant to the Municipal Improvement Act of 1913; and
WHEREAS, this Council proposes to undertake proceedings for the formation of
the Camino Real Improvement Project (the "Assessment District") pursuant to the
Municipal Improvement Act of 1913 and provide for the issuance of Bonds pursuant to the
Improvement Bond Act of 1915.
NOW, THEREFORE, BE IT RESOLVED that the proposed boundaries of said
Assessment District containing the property proposed to be assessed in said proceedings,
are hereby described as shown on a map of said Assessment District on file in the office
of the City Clerk of said City, substantially entitled "Proposed Boundary Map of Camino
Real Improvement Project", which indicates by a boundary line the extent of the territory
included in each of the separate and distinct areas of said proposed Assessment District,
reference to such boundary map being hereby made for particulars. Said map contains the
name of the City and a distinctive designation in words or by number of the Assessment
District shown thereon and is hereby approved and shall govern for all details as to the
extent of territory included within the Assessment District.
1
000130
PASSED, APPROVED AND ADOPTED this day of , 1992, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
2 0
000131
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO DETERMINING TO UNDERTAKE
PROCEEDINGS PURSUANT TO SPECIAL
ASSESSMENT BOND ACTS FOR THE ACQUISITION
AND/OR CONSTRUCTION OF IMPROVEMENTS WITHOUT
PROCEEDINGS UNDER DIVISION 4 OF THE STREETS
AND HIGHWAYS CODE
CAMINO REAL IMPROVEMENT PROJECT'
WHEREAS, the City Council (the "Council") of the City of Atascadero (the
"City"), California, has been petitioned to initiate proceedings to form an assessment
district pursuant to the Municipal Improvement Act of 1913; and
WHEREAS, based on Certificates duly filed with this Council, all of the
owners of the requisite percentage in area of property subject to assessment, have signed
and filed with the City Clerk a written petition for undertaking proceedings pursuant to
special assessment bond acts, and to assess the costs thereof upon the properties benefited
by said acquisitions and improvements and waiving proceedings and limitations under
Division 4 of the California Streets and Highways Code, for the acquisitions and
improvements set forth in Exhibit "A", attached hereto, all in connection with the proposed
Camino Real Improvement Project (the "Assessment District"); and
WHEREAS, the costs and expenses of said contemplated acquisitions and
improvements are to be chargeable upon said Assessment District, the exterior boundaries
of which are the exterior boundaries of the composite and consolidated area as more
particularly shown on a map thereof filed in the office of the City Clerk, substantially
entitled "Proposed Boundary Map of Camino Real Improvement Project", which indicates
1
000132
by a boundary line the extent of the territory included in the proposed Assessment District
and shall govern for all details as to the extent of said Assessment District; and
WHEREAS, the public interest and convenience will be served by the taking
of said proceedings.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That all of the owners of the requisite percentage in area of property
subject to assessment for said proposed acquisitions and improvements have filed with the
City Clerk a written petition for the acquisition and construction of improvements
contemplated in the Camino Real Improvement Project as set forth in the attached Exhibit
"A", all pursuant to appropriate special assessment bond acts, without further compliance
with the provisions or limitations of Division 4 of the California Streets and Highways Code.
2. That said proceedings for acquisitions and improvements shall be
taken pursuant to the Municipal Improvement Act of 1913 and bonds upon the unpaid .
assessments thereof shall be issued pursuant to the Improvement Bond Act of 1915.
3. That the provisions and limitations of Division 4 of the California
Streets and Highways Code be, and they are hereby, dispensed with.
2
000133
PASSED, APPROVED AND ADOPTED this day of , 1992, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
3
000134.
EXHIBIT nAn .
DESCRIPTION OF WORK
CAMINO REAL IMPROVEMENT PROJECT
The construction and installation of improvements to serve Camino
Real Improvement Project, are as follows:
The project consists of construction of street
improvements for the extension of Camino Real, including
grading, subgrade preparation, base rock, paving, concrete
curbs, gutters, and sidewalks, sanitary sewer, water main and
services, fire hydrant, street lighting, landscaping, parking
facilities, storm drainage, electrical and telephone utility
extensions, and appurtenances.
000135
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
APPOINTING BOND COUNSEL, ENGINEER OF
WORK, AND ASSESSMENT ENGINEER
CAMINO REAL IMPROVEMENT PROJECT
WHEREAS, this City Council (the "Council") of the City of Atascadero (the
"City"), California, has determined to undertake proceedings pursuant to appropriate
assessment bond acts for the acquisition of public improvements in the City; and
WHEREAS,the public interest and general welfare will be served by appointing and
employing Bond Counsel and Assessment Engineer for the preparation and conduct of said
proceedings and work in connection with said acquisitions and improvements.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That Haight & Haight, Attorneys at Law, Scotts Valley, California, be, and they
are hereby appointed and employed as municipal Bond Counsel to do and perform all legal
services required in the conduct of said proceedings, and that their responsibilities and
compensation be, and are hereby established pursuant to that certain Fee Agreement for
Camino Real Improvement Project Proceedings, dated September 21 1992 attached hereto
as EXHIBIT "A" and incorporated herein by reference. The City Manager is hereby
authorized to execute said letter agreement on behalf of the City.
2. That John Falkenstein of Cuesta Engineering, Atascadero, California, be, and
they are hereby, appointed and employed as Assessment Engineer for these proceedings,
to provide all engineering services required in the conduct of said ''proceedings and that
their compensation shall be as set forth in a contract and scope of work agreement to be
1
000136
submitted to and approved by the City Council and such compensation agreed upon shall
be set forth in the Engineer's Report to be approved by said Council.
3. That Greg Luke, City Engineer, is hereby appointed as Engineer of Work and
that his office shall be paid a reasonable fee for services rendered, to be approved by the
City Council and assessed as an incidental expense in these proceedings.
4 That the fees provided to be paid herein be paid from said assessments to be
levied and bonds to be issued, and not otherwise.
PASSED, APPROVED AND ADOPTED this day of , 1992, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
OR
ATTEST:
CITY CLERK
2
00013'7
HMGHT & HMGHT
ATTORNEYS AT LAW
Municipal Bond Counsel
Robert M.Haight EXHIBIT l,Avv
Raymond M.Haight
Robert M.Haight,Jr.
Cameron A.Weist September 21, 1992
Honorable City Council
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
Re: Fee Agreement for Improvement Proceedings
Camino Real Improvement Project
Dear Honorable Councilmembers:
I am forwarding to you our form of agreement to conduct certain assessment district
proceedings that are presently being contemplated by your Council.
For legal matters pertaining to the above-referenced assessment district to be
financed by special assessment bond proceedings, we agree to represent and serve you as
herein provided:
1. Consult with you and your staff in order to provide a coordinated financial,
engineering and legal program for each particular project.
2. Attend all meetings of the City Council or other bodies relating to the
proceedings including, at your request, all informal property owner meetings
to explain a proposed project and such other meetings of City Council when
called upon by you.
3. Confer with your consulting engineers and review any engineering contract
for a particular project for legal sufficiency.
4. Prepare all petitions, certificates, resolutions, orders, notices and affidavits
necessary in the conduct of said proceedings and such other reports,
documents and correspondence of a legal nature as may be necessary.
5. Examine for legal sufficiency the Engineer's Report to be filed in the
proceeding including plans, specifications, estimate of costs, boundary maps,
diagrams, assessments and rights-of-way.
5522 Scotts Valley Drive • Scotts Valley,California 95066•(408)438-6610 • Fax(408)438-1367
000138
Honorable City Council
September 21, 1992
Page -2-
6. In consultation with your engineer, examine the construction plans to
determine that the proposed improvements will be constructed in public
streets, roads, alleys or easements, and if not, determine which properties or
easements need be acquired by the City.
7. In consultation with your engineer and staff, determine whether the lands to
be taxed for the proposed improvements are private or public.
8. During the course of any project advise your engineer or staff by telephone,
correspondence or conference as to legal questions involving the City and
relating to said proceedings.
9. Prepare the forms of notice of improvements, notice to property owners,
notice of assessment, notice to pay assessments, notice of sale of bonds, notice
of acceptance of completion, and such other notices as may be necessary,
together with supervision and direction in the time and manner of mailing,
publication and/or recording thereof.
10. Advise and consult with the City, its staff and engineers regarding negotiations
for the acquisition by the City of necessary lands or easements.
11. Advise and consult with the City, its staff and engineers in negotiations with
the contractor before, during or after a particular project.
12. Provide our legal opinion, unqualifiedly approving all proceedings, contracts,
assessments and bonds.
For those services as set forth above in Section 1 through 12, inclusive, our fees
shall be based on two percent (2%) of the first $2,000,000 of bonds issued; and one percent
(1%) of any bonds issued thereafter.
Our fees shall be paid only if assessments for a particular project are confirmed
and levied by your Council and the bonds are issued and sold and not otherwise. If
proceedings are terminated for any reason by your Council at any time prior to said
confirmation and levy, then our percentage fee shall not be due or payable.
0
000139
Honorable City Council
September 21, 1992
Page -3-
The following services are not included in our percentage fee, however, shall be
payable only if said bonds are issued and sold:
a Preparation of bond registers and auditor's records;
P g
(b) Services in representing the City in litigation concerning the legality
of any project or proceeding other than any uncontested validating suits
recommended by us to be taken; and
(c) All out-of-pocket expenses, such as telephone, telefax, postage,
reproduction costs, express deliveries, transportation, lodging and
meals (if overnight stay required) and similar typical expenses.
For any such excluded services referred to above in (a) and (b) inclusive, which
services are delegated by the City to us for performance, we shall be paid a reasonable fee
on an hourly basis or a lump sum, as agreed upon by the parties at the time of delegation.
Accurate and complete time records will be made available to the City, if requested,
substantiating the charges made for said excluded services. Expenses referred to above in
(c) shall be substantiated by adequate documentation.
Very truly yours,
HAIGHT & HAIGHT
By:
ROBERT M. HAIGHT
is
000140
Honorable City Council
September 21, 1992
Page -4-
The foregoing agreement was accepted by the City Council of the City of Atascadero
at a meeting thereof held on the day of , 1992.
Approved:
City Manager
000141
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO OF INTENTION
TO ACQUIRE IMPROVEMENTS
CAMINO REAL IMPROVEMENT PROJECT
WHEREAS, the City Council (the "Council") of the City of Atascadero (the
"City"), California, has determined to undertake proceedings pursuant to appropriate
assessment bond acts for the formation of Camino Real Improvement Project (the
"Assessment District"); and
WHEREAS, the Council is of the opinion that public interest and
convenience require, and it is the intention of this Council to order the acquisition of
improvements generally described in Exhibit "A", attached hereto and made a part hereof
by reference.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. Whenever any public way is herein referred to as running between two
public ways, or from or to any public way, the intersection of the public ways referred to
are included to the extent that work shall be shown on the plans herein referred to.
2. Said streets and highways are more particularly shown on the records in
the office of the City Clerk and are shown upon the plans herein referred to and to be filed
with the City Clerk.
3. All of said proposed work and improvements shall be acquired and
constructed at the places and in the particular locations, of the forms, sizes, dimensions and
materials, and at the lines, grades and elevations as shown and delineated upon the plans,
1
000142
profiles and specifications. 0
4. There is to be excepted from the proposed work herein described any of
such work already done to line and grade and marked "excepted" or shown "not to be
done" on said plans, profiles and specifications.
5. Notice is hereby given of the fact that in many cases said proposed work
and improvements will bring the finished work to a grade different from that formerly
existing, and that to said extent work will be done to said changed grades.
6. Said Council does hereby adopt and establish, as the official grades for
said proposed work, the grades and elevations shown upon said plans, profiles and
specifications. All such grades and elevations are in feet and decimals thereof, with
reference to the datum plane of the City.
7. The description of the acquisition of improvements and the termini of
the work contained in this Resolution are general in nature. All items of work do not
necessarily extend for the full length of the description thereof. The plans and profiles of
the work and maps and descriptions as contained in the required Engineer's Report, shall
be controlling as to the correct and detailed description thereof.
8. Said acquisition of improvements, in the opinion of said Council, are of
more than local or ordinary public benefit, and the costs and expenses thereof are made
chargeable upon the proposed Assessment District, the exterior boundaries of which district
are the composite and consolidated area as more particularly shown on a map thereof
substantially entitled "Proposed Boundary Map of Camino Real Improvement Project",
on file in the office of the City Clerk, to which reference is hereby made for further
particulars. Said map indicates by a boundary line the extent of the territory included in
2
000143
• the proposed Assessment District and shall govern for all details as to the extent of the
Assessment District.
9. Said Council declares that all public streets and highways within said
proposed Assessment District in use in the performance of a public function as such shall
be omitted from the proposed assessment hereafter to be made to cover-the costs and
expenses of said proposed acquisition of improvements.
10. Notice is hereby given that serial and/or term bonds to represent unpaid
assessments, and bear interest at a rate not to exceed the maximum rate provided by law
will be issued hereunder in the manner provided by Division 10 of the Streets and Highways
Code, the Improvement Bond Act of 1915 (the "Act"), and that the applicable provisions
of Part 11.1 of the said Act, providing an alternative procedure for the advance payment
of assessments and the calling of bonds, shall apply. The last installment of such bonds
shall mature not to exceed thirty-nine (39) years from the second day of September next
succeeding twelve (12) months from their date, which is the maximum allowed by law.
Said City Council finds and declare that a special reserve fund as provided
in Part 16 of said Act will be required, the amount thereof to be fixed and determined upon
the sale of the bonds.
Said City Council hereby covenants with the holders of said assessment bonds
that it will, within one hundred fifty (150) days following the due date of any delinquent
installment of assessments securing the bonds to be issued, commence and thereafter
diligently prosecute to completion a foreclosure action regarding such delinquent installment
of assessment.
3
000144
11. Except as herein otherwise provided for the issuance of bonds, all of •
said acquisition of improvements shall be done pursuant to the provisions of the Municipal
Improvement Act of 1913.
12. Said Council further declares that it is the intention of said Council
to levy assessments, to maintain, repair or improve the acquisition of improvements
pursuant to Section 10100.8 of the California Streets and Highways Code.
13. Said acquisition of improvements is hereby referred to the Assessment
Engineer (the "Engineer"), being a competent person employed by said Council for
purposes of these proceedings; and said Engineer is hereby directed to file, or cause to be
filed, with the City Clerk an Engineer's Report in writing containing all matters required
by section 10204 of the California Streets and Highways Code, presenting the following:
(a) Detailed plans and specifications of the acquisition of improvements to
be made pursuant to this Resolution of Intention;
(b) A general description of works or appliances already installed and
any other property necessary or convenient for the operation of the improvements, if the
works, appliances, or property are to be acquired as part of the improvements;
(c) An Engineer's estimate of the costs and expenses of said acquisition of
improvements and of the costs of lands, rights-of-way, easements, and incidental expenses
in connection therewith, including any cost of registering bonds;
(d) A Diagram showing, at the time of the passage of the this Resolution
of Intention, all of the following:
(i) the exterior boundaries of the Assessment District;
(ii) the boundaries of any zones within the Assessment District; and
4
000145
. (iii) the lines and dimensions of each parcel of land within the
Assessment District; each subdivision, including each separate
condominium interest as defined in Section 783 of the Civil Code,
shall be given a separate number upon the diagram.
(e) A proposed assessment of the total amount of the costs and expenses of
the proposed acquisition of improvements upon the several subdivisions of land in said
Assessment District in proportion to the estimated benefits received by such subdivisions,
respectively, from said acquisition of improvements and of the expenses incidental thereto.
When any portion or percentage of the costs and expenses of the proposed acquisition of
improvements is to be paid from sources other than assessments, the amount of such
portion or percentage shall first be deducted from the total estimated',cost and expenses of
the acquisitions, and the assessment upon property proposed in the report shall include only
the remainder of the estimated costs and expenses; and
(f) A proposed maximum annual assessment upon each of the several
subdivisions of land in the Assessment District to pay costs incurred by the City and not
otherwise reimbursed which result from the administration and collection of assessments
or from the administration or registration of any associated bonds and reserve or other
related funds.
14. If any excess shall be realized from the proposed assessment it shall be
used, in such amounts as the City Council may determine, in accordance with the provisions
of law for one or more of the following purposes:
(a) Transfer to the general fund of the City, provided that the amount
of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount
5
00014fa
expended from the acquisition fund; 0
(b) As a credit upon the assessment and any supplemental assessment
in accordance with the provisions of Section 10427.1 of the Streets and Highways Code;
(c) To reimburse the City for any contributions or advances to or for
the acquisition fund that were not pledged in this Resolution of Intention; - or
(d) For the maintenance of the proposed acquisitions or a specified
part thereof.
15. Notice is hereby given that the City will not obligate itself to advance
available funds from the general fund to cure any deficiency which may occur in the bond
redemption fund, provided however, that it shall not preclude itself from so advancing if,
in its sole discretion, it so determines.
16. It is further determined pursuant to Streets and Highways Code Section
8571.5, that the proposed bonds may be refunded in the manner provided by Division 10,
11 and 11.5 of the Streets and Highways Code, if the said City Council determines that it
is within the public interest or necessity to do so. The interest rate of such proposed bonds
shall not exceed the maximum rate provided by law, and the last installment of such
proposed bonds shall mature not to exceed thirty-nine (39) years from the second day of
September next succeeding twelve (12) months from their date.
17. It is hereby determined that, in the opinion of this City Council, the
areas contained within said proposed Assessment District are the properties which will be
benefited by the proposed acquisitions and the issuance of proposed bonds, and that the
public interest and convenience require, and that it is the intention of this City Council that
a maximum annual assessment of up to two percent (2%) of the annual installment of
6 !
00014'7
principal and interest on the proposed bonds issued may be added to each annual
installment of the unpaid assessments to pay costs incurred by the City and not otherwise
reimbursed,which result from registration, administration, collection and payment of bonds
actually issued, or from the registration or administration of any associated bonds and
reserve or other related funds.
18. Notice is further given that it is the intention of this Council to take
appropriate proceedings, if necessary, to enter into contract(s) pursuant to Sections 10109,
10110 and 10111 of the Streets and Highways Code pertaining to the ownership, operation
and/or maintenance of facilities, if any, that may be constructed or acquired by the City but
subsequently conveyed to others.
7
000148
PASSED, APPROVED AND ADOPTED this day of---- _
1992, by the
following vote: _
AYES:
NOES:
ABSENT:
ABSTAIN:
OR
ATTEST:
CITY CLERK
8
00014,
EXHIBIT "All
DESCRIPTION OF WORK
CAMINO REAL IMPROVEMENT PROJECT
The construction and installation of improvements to serve"Camino
Real Improvement Project, are as follows:
The project consists of construction of street
improvements for the extension of Camino Real, including
grading, subgrade preparation, base rock, paving, concrete
curbs, gutters, and sidewalks, sanitary sewer, water main and
services, fire hydrant, street lighting, landscaping, parking
facilities, storm drainage, electrical and telephone utility
extensions, and appurtenances.
000150
REPORT TO CITY COUNCIL Meeting 'Date: -I9f13/92- 10/27/92
Is CITY OF ATASCADERO Agenda Item: -H-8- D-3
Through: Ray Windsor, City Manager 0
From Lee Raboin, City Clerk
SUBJECT:
Adoption of Ordinance No. 259 implementing cost recovery for
emergency response services relating to incidents caused by drivers
under the influence of alcohol and/or drugs, or by drivers whose
conduct is intentionally wrongful. `
RECOMMENDATION•
Adopt Ordinance No. 259 on second reading by title only.
BACKGROUND:
On September 22, 1992, the City Council conducted a public
hearing on the above referenced subject. The Council approved the
introduction of Ordinance No. 259 implementing a State authorized
program to recover costs. In addition, the City Council
unanimously adopted Resolution No. 90-92 setting the specific cost
recovery policy.
FISCAL IMPACT•
Undetermined.
Attachments: Police Chief' s Report of 8/13/91
Ordinance No. 259
Resolution No. 90-92
000151
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: c -3 (A) -
-----------------------------------------------------------------------------------------------------------------------
Through: Ray Windsor, City Manager Meeting Date:8/13/91
From: Richard H. McHale, Chief of Polilpll-
-----------------------------------------------------------------------------------------------------------------------
SUBJECT: A proposed ordinance adopting the policy for the Recovery of Costs of
Emergency Responses, Pursuant to Government Code 53150, et seq.
RECOMMENDATION: The City Council adopt Ordinance Number: 259 (New)
which sets the policy for various departments of the City of Atascadero to charge for services
provided during emergency responses to incidents involving persons driving under the
influence of alcohol and/or drugs; or persons driving with intentional wrongful conduct.
BACKGROUND: In 1986, the California State Legislature adopted Sections 53150
through 53158 of Article 8 of the California Government Code. These sections set forth the
authority and procedures for City and County governments to recover the costs incurred by
emergency responses to alcohol related, motor vehicle incidents.
Routinely, departments of the City of Atascadero respond to such incidents. A normal
response would include personnel of the Police Department and the Fire Department. On
occasion,the response could also include personnel of the Street Maintenance Division. This
procedure would allow the City of Atascadero to charge those persons deemed responsible
for costs incurred in such incidents.
Six jurisdictions within the County of San Luis Obispo have already enacted such ordinances
and are currently processing such charges. The California Highway Patrol began similar
billings as of January 1, 1989.
FISCAL IMPACT: Adoption of this ordinance would allow the City to realize recovery of
an undetermined amount of revenue through the billing of the responsible parties. The
required procedure will incur little, if any, additional expense.
RMH.jph
Attachments:
000152
ORDINANCE NO. 259
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO ADDING CHAPTER 13 TO TITLE 3 OF
THE ATASCADERO MUNICIPAL CODE APPROVING
THE IMPLEMENTATION OF A STATE AUTHORIZED
PROGRAM TO RECOVER COSTS OF RESPONSES TO
EMERGENCIES CAUSED BY DRUNK OR RECKLESS
DRIVERS,AND PROVIDING GUIDELINES AND
PROCEDURES THEREFORE, PURSUANT TO
CALIFORNIA GOVERNMENT CODE 53150, ET SEQ.
WHEREAS, the Legislature has adopted Government Code Sections 53150
through 53158,which specifically authorize the City to recover costs of emergency responses
to"incidents"caused by drivers under the influence of alcohol and/or drugs,or drivers whose
conduct is intentionally wrongful; and
WHEREAS, the City Council desires to provide guidelines and procedures for
City use;
NOW,THEREFORE,the City Council of the City of Atascadero does ordain as
follows:
Section 1. Chapter 13 is hereby added to Title 3 of the Atascadero Municipal Code
to read as follows:
Chapter 13. Response and Enforcement Costs.
Sec. 3-13.01. Emergency Responses.
A. Driving,Boating or Flying Under the Influence.The following guidelines
and procedures are established for implementation and administration of Title 5,
Division 2,Part 1,Chapter 1,Article 8 of the California Government Code entitled
"Costs of Emergency Response" (CaGC §53150, et seq.) as it may be amended
from time to time.
(1) All City line departments (Police, Fire, Public Works, etc.)
participating in emergency responses to any incident involving a person under the
influence of alcohol and/or drugs, or a person whose conduct is intentionally
wrongful, while operating a motor vehicle, boat, or civilaircraft shall log all
personnel time, equipment time and use,and all incidental costs involved in such
emergency response.
(2) The costs to the City for all such personnel time,equipment use,
and incidental items shall be reported by each department within ten (10) days
thereafter to the City Finance Department, including, without limitation:
000153
Ordinance No. 259
Page 2
(a) All direct wage costs for all department personnel so involved,
including the department head. -
(b)All equipment costs, including reasonable depreciation or
standard industry hourly rental amount, plus the cost of all incidental materials
and supplies, involved in the emergency response.
(c) The department head responsible for determining that the
person causing the incidentwas under the influence of alcohol and/or drugs,or that
said person's conduct was intentionally wrongful, shall be responsible for
coordinating the preparation and furnishing of the departmental reports to the
City Finance Department.
B. The provisions hereof shall be applied uniformly against all such
persons charged with a Penal Code, Vehicle Code, Health and Safety Code, or
other statutory violation;no City official other than a majority of the City Council
shall have authority to reduce or cancel the debt obligation after criminal charges
arising from the incident have been approved by the District Attorney.
C. The debt obligation herein shall only be excused or cancelled by the
City Council after a duly noticed public hearing.
D. All judicial actions for judgement and collection of the debt obligation
herein shall be filed in the San Luis Obispo County Municipal Court,Small Claims
Division.
E. All monies collected shall be placed in the City's General Fund, and
shall be included in the City budget projections.
F. The City shall adopt a policy by resolution for financial recovery of costs
of emergency response pursuant to Government Code Section 53150, et seq.
Section 2. Publication. The City Clerk shall cause this ordinance to be
published once within fifteen(15)days after its passage in the Atascadero News,a newspaper
of general circulation, printed, published and circulated in this City in accordance with
Government Code Section 36933;shall certify n eredthn the Book ofe adoption of this ordinance;Ordinances of the Cill ty.
Section
this ordinance and certification to be e
Section 3. Effective oD he thi -first 3is 1 t) day afternance gts passageo into ect and be
in full force and effect at 12:01 a.m. thirty-first
000154
Ordinance No. 259
Page 3
On motion by Council member and seconded by Council
member the foregoing ordinance is hereby adopted in its
entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
ATTEST:
LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ART MONTANDON
City Attorney
APPROVED AS TO CONTENT:
RICHARD H. WHALE
Chief of Police
®QQ355
RESOLUTION NO. 90-92
0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING A POLICY FOR THE
FINANCIAL RECOVERY OF COSTS OF EMERGENCY RESPONSES,
PURSUANT TO GOVERNMENT CODE SECTION 53150, ET SEQ.
WHEREAS, Government Code Sections 53150 through 53158
authorizes the City to recover costs of emergency responses to
incidents caused by drivers under the influence of alcohol and/or
drugs, or drivers whose conduct is intentionally wrongful; and
WHEREAS, the City Council desires to amend the Atascadero
Municipal Code by the adoption of Ordinance No. 259 approving the
implementation of a program to recover costs of response to
emergencies cause by drunk or reckless drivers; and
WHEREAS, it is appropriate to establish fees to cover the cost
of providing necessary emergency response to incidents involving
intoxicated and/or reckless drivers.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City
of Atascadero as follows:
SECTION 1. Exhibit "A" : A Policy for the Financial
Recovery of Costs of "Emergency Responses", pursuant to Government
Code Section 53150, et seq. is hereby adopted.
SECTION 2. This resolution shall go into effect
immediately upon the effective date of Ordinance No. 259.
On motion by Councilperson Kudlac and seconded by
Councilperson Luna, the foregoing Resolution is hereby adopted in
its entirety on the following roll call vote:
AYES: Councilmembers Bewley, Borgeson, Rudlac, Luna and Mayor
Nimmo
NOES: None
ABSENT: None
ADOPTED: September 22, 1992
ATTEST: CITY OF ATASCADERO
r B
Y-
LE OIN, C'. y Clerk ROBERT P. NIMMO, Mayor
00015E
Resolution No. 90-92
. Page Two
APPROVED AS TO FORM:
ARTHER R. MONT DON, Ci y Attorney
APPROVED AS TO CONTENT:
RICHARD McHALE, Chief of Police
00015'7
RESOLUTION NO. 9C-9-2
EXHIBIT "A"
Page 1
CITY OF ATASCADERO
POLICY FOR THE FINANCIAL RECOVERY OF
COSTS OF "EMERGENCY RESPONSES", PURSUANT TO
GOVERNMENT CODE, SECTION 53150 et seq.
Table of Contents
1.0 Overview of Policy....................................................
2.0 Legislative Authority (CaGC §53156) ....................................
2.1 California Government Code, §53156 ............................................................... 1
2.2 Costs authorized for recovery ......••••-••*,*'*****'****'**-*.......... 1
......................Y......... 2
3.0 Criteria for the Recovery of Expenses ...................................... _
3.1 The incident..................... ...........................................
3.2 An"Emergency Response"..............................................
................................... 2
3.3 Alcohol/drug influence or willful misconduct.................................................... 2
2
3.4 Filing of charges ..........................................
.............................
4.0 Procedure for Recovery ............................................................................................. 2
4.1 Initiation of reimbursement form 2
. ...............................................
4.1.1 Automatic aid responses -Fire Department ..............................•.......••• 3
4.2 Finance Department billing ............................................................................... 3
4.3 Civil obligation (CaGC §53154)........................................................................ 3
5.0 Financial Responsibility............................ ..............".............. 3
5.1 Liability limitations (CaGC§53155)................................................................ 3
53154) ................... 3
5.2 Insurance payment of expenses (CaGC§ •••-••••••••••-•-••••••••••
6.0 Charges for an Emergency Response........................................................................ 4
6.1 Atascadero Police Department............................... ..........................
6.2 Atascadero Fire Department "'•""""""""'•"' 4
..................................••••••............
6.3 Atascadero Streets Division............................................................................... 4
6.4 Atascadero Finance Department....................................................................... 4
6.5 Civil court remedies ........................................................................................... 5
7.0 Uniform Enforcement/Cancellation.............................................»......................... 5
7.1 Uniform enforcement................ ..................... 5
....................................................
7.2 Debt Cancellation
...................................................
7.3 Judicial Filings
...... ..........................................................••................................ 5
7.4 Disbursement of monies..................................................................................... 5
Appendix A(Government Code Sections)........................................................................ 6
Appendix B (Financial Recovery Reimbursement Form)................................................ 8
000158
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 2
CITY OF ATASCADERO
POLICY FOR THE FINANCIAL RECOVERY OF
COSTS OF "EMERGENCY RESPONSES", PURSUANT TO
GOVERNMENT CODE, SECTION 53150 et seq.
10 OVERVIEW
The purpose of this policy is to establish a procedure whereby the City of Atascadero can recover
expenses incurred by the Atascadero Police, Fire,or other City Departments due to`Emergency
Responses'. Those `Emergency Responses' having been caused by persons driving under the
influence of alcohol and/or drugs and negligently operating a motor vehicle,boat,or airplane or
whose"intentionally wrongful conduct"causes such an`Emergency Response'as outlined in the
California Government Code,sections 53150 through 53158 (Appendix A).
2.0 LEGISLATIVE AUTHORITY FOR EXPENSE RECOVERY
2.1 California Government Code Section 53156
California Government Code section 53156 states: "`Expense of an Emergency
Response'means reasonable costs incurred by a public agency in reasonably making
an appropriate emergency response to the incident,but shall only include those costs
directly arising because of the response to the particular incident Reasonable costs
shall include the costs of providing Police, Firefighting, Rescue, and Emergency
Medical services at the scene of the incident,as well as the salaries of the personnel
responding to the incident"
2.2 Costs Authorized for Recovery
The above section describes costs which include,but are not limited to:
2.2.1 Mileage to and from the incident scene.
2.2.2 The cost of the wages of the officers, firefighters, and other
emergency personnel at the scene for traffic/crowd control,
investigations, fire suppression and medical aid.
2.2.3 The cost of the material used at the scene;flares,medical supplies,
blankets, etc.
2.2.4 The cost of the preparations of the reports and the follow-up
investigations.
s
000159
RESOLUTION NO. 9C
EXHIBIT "A"
Page 3
Emergency Response Financial Recovery
Page Z
2.2.5 The costs,including salaries,incurred by a"public agency"making
a reasonable emergency response to an incident.
3.0 CRITERIA FOR THE RECOVERY OF EXPENSES
3.1 The Incident
The incident, of whatever nature, must have oc=ed within the jurisdiction and
primary response area of the Atascadero Police Department and/or within the area
covered by the Atascadero Fire Department for primary response or that area covered
under the Automatic and/or Mutual Aid fire suppression/medical aid responsibility.
3.2 An Emergency Response
An`Emergency Response' must have been initiated by either the Atascadero Police
and/or Fire Department(s), to which the Department(s) have the primary police
responsibility or the primary/Automatic Aid and/or Mutual Aid fire suppression/
medical aid responsibility.
3; Alcohol/Drug Influence or Willful Misconduct
It must be determined that the incident was caused by a person who was under the
influence of alcohol and/or drugs at the time of incident,or as a result of engaging in
"intentionally wrongful (or reckless) conduct'.
3.4 Filing of Charges
The person responsible for the incident must be charged with a violation of the
California Vehicle Code, the Penal Code, the Health & Safety Code or with an
applicable section of a Boating or Aviation code,which reflects such an alcohol/drug
influence,or a section reflecting"intentionally wrongful conduct".
4.0 PROCEDURE
4.1 Initiation of Reimbursement Form
The on-duty Police Department Watch Commander or ranking Fire Officer shall
initiate the Financial Recovery Reimbursement Form,(Appendix B)when the above
criteria is present. Once initiated,the Financial Recovery Reimbursement Form shall
then be forwarded to the Police Operations Lieutenant,Battalion Chief and/or Public
Works Administrator for completion or review and subsequent routing to the Finance
Division.
0001G0
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 4
Emergency Response Financial Recovery
Page 3
4.1.1 Automatic Aid/Mutual Aid Responses-Fire Department
Should the"Emergency Response"occur outside of the city limits of the City
of Atascadero,but within the area covered under the Automatic Aid pact,and/
or Mutual Aid,for the Atascadero Fire Department,the Financial Recovery
Reimbursement Form will be initiated by the ranldng Fie Officer. The form
will then be forwarded to the Finance Division for billing,as covered in section
4.2 below.
4.2 Finance Division Billing
The original of the form shall be forwarded to the Finance Division of the. City of
Atascadero forappropriate billingoftheresponsible party.The partcipatingdepartments
shall retain a copy of the completed form for their records. The Finance Division may
exercise the option of using a professional collections agency if deemed appropriate.
4.3 Civil Obligation
The billing procedure described constitutes a civil obligation and shall not be affected
by the disposition of any resultant criminal proceeding. (CaGC§53154)
5.0 FINANCIAL RESPONSIBILITY
5.1 Liability Limitation
"In no event shall a person's liability under this article for the expense of an emergency
response exceed one thousand dollars ($1,000.00)for a particular incident." (CaGC
§53155)
5.2 Insurance Payment of Expenses
"The expense of an emergency response shall be a charge against the person liable for
expenses under this article. The charge constitutes a debt of that person and is
collectible by the public agency incurring those costs in the same manner as in the case
of an obligation under contract, expressed or implied, except';that liability for the
expenses provided for in this article shall not be insurable and no insurance policy shall
provide or pay for the expenses."(CaGC §53154)
000161
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 5
Emergency Response Financiai Recovery
Page 4
6.0 CHARGES FOR EMERGENCY RESPONSES
6.1 Atascadero Police Department
The Atascadero Police Department will submit a bill for its Emergency Responses at
the rate of thirty-five dollars ($35.00) for each patrol vehicle responding to the
emergency. In addition a charge will be billed for employees salaries,which will be
based upon their regular hourly rate plus overtime (if required) as stipulated in the
current MOU for their classification. The hourly charge shall be for the total time of
each such employee while the employee is engaged in any necessary function relating
to the emergency.This shall include the total time spentpreparing the resultant report;
including but not limited to:writing,reviewing,processing and filing of the report. The
unit charge shall cover all associated costs of the patrol vehicle incr-uding ordinary
supplies,mileage,and depreciation. The total bill charged shall be itemized to include
employee time and units of equipment deployed.
6.2 Atascadero Fire Department
The Atascadero Fire Departmentwill submit a bill for its Emergency Responses at the
rate of sixty dollars ($60.00) for each piece of fire apparatus responding to the
emergency. In addition a charge will be billed for employees salaries, which will be
based upon their regular hourly rate plus overtime (if required) as stipulated in the
current MOU for their classification. The hourly charge shall be for the total time of
each such employee,while the employee is engaged in any necessary function relating
to the emergency. The unit charge shall cover all associated costs of the fire apparatus
including ordinary supplies,mileage,and depreciation.The total bill charged shall be
itemized to include employee time and units of equipment deployed.
6.3 Atascadero Street Maintenance Division
The Atascadero Street Maintenance Division will submit a bill for its Emergency
Responses at the rate of thirty-five dollars ($35.00) for each piece of equipment
responding to the emergency. In addition a charge will be billed for employees salaries,
which will be based upon their regular hourly rate plus overtime (if required) as
stipulated in the current MOU for their classification. The hourly charge shall be for
the total time of each such employee while the employee is engaged in any necessary
function relating to the emergency. The unit charge shall cover all associated costs of
the fire apparatus including ordinary supplies,mileage,and depreciation.The total bill
charged shall be itemized to include employee time and units of equipment deployed.
Additionally, the Street eMainntsanfceorD ny°and all n will bdamagedfor clroadw yin���al
e billing
process, the replacemnt
(ie: guardrails,stopsigns,streetsigns, etc.).
000162
RESOLUTION NO. 9C-9:
EXHIBIT "A"
Page 6
Emergency Response Financial Recovery
Page 5
6.4 Atascadero Finance Division
Itwill be the responsibility of the finance division to include in the bill to the defendant,
a charge of fifty dollars ($50.00) to cover the administering, accounting, billing and
tracldng costs incurred in the preparation and collecting of this debt.
6.5 Civil Court Remedies
It shall be the policy of the City of Atascadero,that should any debt incurred under the
provisions of this policy become uncollectable,a civil remedy shall be sought In such
a case, the City of Atascadero shall request reimbursement for court costs and
reimbursement for the wages of the City employee(s)required in court to prove the
City's case as a part of such civil action.
7.0 UNIFORM ENFORCEMENT/CANCELLATION OF DEBT
7.1 Uniform Enforcement
The provisions hereof shall be applied uniformly against all such persons charged with
a Penal Code,Vehicle Code,Health and Safety Code or otherstatutory violation;no
City official other than a majority of the City Council shall have authority to reduce or
cancel the debt obligation after criminal charges arising from the incident have been
approved by the District Attorney.
7.2 Debt Cancellation
The debt obligation herein shall only be excused or cancelled by the City Council after
a duly noticed public hearing.
7.3 Judicial Filings
All judicial actions for judgment and collection of the debt obligation herein shall be
filed in the San Luis Obispo County Municipal Court Small Claims Division.
7.4 Disbursement of Monies
All monies collected shall be placed in the City's General Fund,and shall be included
in City budget projections.
000163
REPORT TO CITY COUNCIL Meeting Date: 10/27/92
CITY OF ATASCADERO Agenda Item: D-4
Through: Ray Windsor, City Manage
From Lee Raboin, City Clerk
fop
J'
SUBJECT:
Vacancy on the City's Parks and Recreation Commission.
RECOMMENDATION•
Adopt Resolution No. 104-92 appointing one member to the Parks
and Recreation Commission.
BACKGROUND:
Commissioner Andrea Schulte has submitteda, letter of
resignation creating a vacancy on the Parks and Recreation
Commission. Ms. Schulte's term is to expire in June of 1994. It
is, therefore, necessary to appoint one person' to fill her
unexpired term.
The Cit Clerk
City conducted a recruitment for commissioners
earlier this year resulting in thirteen applications. The City
Council, on July 7, 1992, held interviews and appointed five of
those applicants to the Commission.
The City Clerk has communicated with those applicants who were
not selected and inquired if they were still interested in serving.
The responses were positive and only one applicant indicated that
she was no longer seeking appointment. Attached' are the
applications for the following citizens:
Hoyt Chambless Barbara Hunt -
Howard Marohn John Martino
Ken Meyer Chris Petrush
Walter Reil
Staff is recommending that a selection be made from these
seven applicants rather than delaying an appointment while holding
another recruitment and scheduling additional interviews.
Attachments: Resignation Letter from Andrea Schulte
7 applications
Proposed Resolution No. 104-92
000164
i
September 22 , 1992 AT
OFHCE
Mr. Andy Takata
Community Services Director
City of Atascadero
6500 Palma Ave. , Rm. 107
Atascadero, CA. 93422
Dear Andy:
I hereby submit my resignation as a Commissioner on the Parks and
Recreation Commission for the City of Atascadero effective this
date. Personal obligations necessitate this decision.
Thank you for the opportunity to have served on the Commission.
Best of wishes to all for a creative and prosperous year.
Sincerely,
dvle'e�j
ANDREA L. SCHUL E
CC: Tom Bench, Chairperson, Parks and Recreation Commission
000165
Please return to:
CITY CLERK
6500 Palma Avenue ioia' p C p!` i97a
Room 208
Atascadero, CA 93422 � +u�i
A P P L I C A T I O N
CITY OF ATASCADERO
PARKS & RECREATION COMMISSION
Name: John Martino CITY
Address: 3925 Amargon Rd. Atascadero, CA 93422
Telephone•(805)466-6853 Occupation• Sports Official
Please give a summary of your education, experience and reasons for
wishing to serve on the Atascadero Parks & Recreation Commission.
Feel free to attach additional data or resume.
St. Patrick's Military Academy - Harrison, New York
Christopher Columbus High School - Bronx, New York
Honorable Discharge - U.S. Army - 1960
I have been a Certified Official of A.S.A. (Amateur Softball Association) since 1979,
Central Coast Federation Baseball and Softball Official since 1989, and Basketball
Official since 1988. I have worked as an official coach in baseball and softball for
Little League, High School through City Leagues in Northern California and the Central
Coast. I have recently been promoted to Umpire in Chief for the Atascadero Softball
League. I am a Board Member Of the Atascadero Softball Advisory Board. I do volunteer
work with the American Cancer Society, Atascadero State Mental Hospital, and the
Recreation Department of Atascadero. I have been a resident of Atascadero since July,
1988. I would very much like to participate with the improvements and changes that
are needed in Children through Senior Citizens recreational programs and feel that
this can be accomplished by working with the Parks and Recreation Commission.
I hereby certify hat the foregoing is correct, and that I am a
resident of e C of tascade
! - - 9 -
Signature: Date:
000166
p STAT`
4 O
N P.O. Box iWI
1 `� Sidney F. Herndon IdS33 F) C:es;iSrE.cr gesl
SH y Executive Director Atascadcfo. /: ft.5423-7001
'A h
lr� �¢� harry Kessinger Telephone Numbers
t UNTO' Coordinator. Volunteer Services (805) 461-2024/2538
July 18 , 1990
To Whom it may concern:
John Martino has worked with me , as a volunteer at
Atascadero State Hospital, for the past few years in various
capacities , from Santa' s Workshop to ballgames that he has
handled for us.
He has always been very willing to be of service when called
upon. He is a very cordial individual who takes his
assignments and performs them well. He works well with
everyone and has a great deal of past experience with people
and knows how to treat them. He has gotten along well with
the other volunteers as he has worked beside them and also
with the patients who have a variety of problems .
I have observed John in his handling of softball games and
basketball games as a referee and umpire. He does both
well, which is a talent he appears to possess.
I would recommend John for a number of positions but in
particular areas where sports and activities are concerned .
He has a good background in this area and a lot to offer .
Cordially,
arry ssinger, Coor inator
Volun er Services
00016'7
Please return to: ;AFaF a
CITY CLERK a; °' E
IR
6500 Palma Avenue ���� GFt. """' `� , 19791-�
Room 208
p
Atascadero, CA 93422
A P P L I C A T I O N
CITY OF ATASCADERO
PARKS & RECREATION COMMISSION
Name: Hoyt S. Chambless
Address• 4200 Carrizo Road, Atascadero, Ca. 93422
Telephone: 466-5578 Occupation: Retired
Please give a summary of your education, experience and reasons for
wishing to serve on the Atascadero Parks & Recreation Commission.
Feel free to attach additional data or resume.
B.A. Degree, and 30 units in education and Supervision. Retired a Supervisor
of Education from the Department of Corrections, State of California after
31 years of service. ;
Have supervised Recreation Programs from 1968, to retirement. `
Have been a resident of Atascadero since 1977.
It is my sincere desire to help promote Atascadero recreation to serve the
community to the fullest extent, for the benefit of the taxpayer.
Will furnish more detail if requested.
I hereby certify that the regoing is correct, and that I am a
f
resident of the it y f cad r .
Signature: • oc L Date: Tune 29, 1992
000168
� 1
Resume' for the City of Atascadero, Parks & Recreation Commission
Employment: Retired from the Department of Corrections Nov. 1, 19$3.
Job title, Supervisor of Correctional Educational Programs (School Principle) .
Administered Academic and Vocational teachers and their full programs.
Teacher: Taught both Academic (first through sixth grade) and Vocational
trades; Shoe repair, auto, machine shop.-
Came to California from Memphis, Tenn. in 1947, and have lived in this state
since then.
Family: Married Betty B. Cruikshank Jan. 1948. We have two daughters, and
four grandchildren.
Born: April 29, 1926, Memphis, Tenn.
Education: Received Bachelor Degree June 15, 1967 from Los Ann�les State
College. Lifetime teacher credential, Secondary School Administration credential.
400 . Chambless
arrizo Road
Atascadero, Ca. 93422
(805) 466-5578
000169
Please return to: a(aa; _a [gird
CITY CLERK JUN ( C -7�-7 5
6500 Palma Avenue 91$'n p ai i 1979�—j
Room 208 W MOM
Atascadero, CA 93422
A P P L I C A T I O N
CITY OF ATASCADERO
PARKS & RECREATION COMMISSION
Name: - �tl�c TER E. REIL
Address: 67Y5 A4V.9R rTE AYE. 14604100aw C
Telephone: ylOto-0 76-7 Occupation: 11frL5e#4151PaZ1A16 a-6INWE9 -
Please give a summary of your education, experience and reasons for
wishing to serve on the Atascadero Parks & Recreation Commission.
Feel free to attach additional data or resume.
E cflT7olll: B5 Oear-e -From Ore4on Sttte d wi/ers;& /9,,710 m e4tru&/W
�En4lneer[►i4 /tlanaaem�nf
EXPE�?/E�veE: • toyears wd h achlel Power L$raorr ah n asa eduluf
neer -on tieefon af MWerQ1405,
• Past ! nears 'VIA Zcl66 bas 1 bioyY c dytOOW v at 0146/o t1ityon
pd("Vy And as a &f/&hedu/rid F 11sWr
• Aky W 7W daughters 4rie ,5'and S.
j*ASokS : �T�eS[ve 1b Jecoloe involved !n -1k aoerafon o Ah5eedero's Aisles
and ui Meolam,n o emalnaf/oi1 aad W/ftW fahoj o-f
Akre ,a rk deyeloo~f dnd enAd,1ceM s, .T AAOWW at
�o helo llfiiseadere arovIde excelknivark as reeredfon
ftcc[l hers fir our emir g4g2eia�/V our uouj� dwounwy
Yecreaflon faci�i v �4/vinaic -sta ad 0001 wadllic ,ftl �6nds cburf�,
recreaflor kov'.00 :5 lJeicA+ room e c 15 had! rleede .7-4111
/hresfed /n promofinnqq such a'new' Acil
y.
I hereby certify that the foregding is correct, a'nd that I am a
resident of the City of Atascadero. - .
Signature: . : A)a� JC-r-• / Date-. .-
000170
ates 0001'70
cIN
Please return to: p AA pF' ,a rIM ,
CITY CLERK t 1979'r 7
6500 Palma Avenue is7a
Room 208
i
Atascadero, CA 93422 -
A P P L I C A T I O N
CITY OF ATASCADERO
PARKS & RECREATION COMMISSION
Name: Kenneth L. Meyer CITY wjGF�.
Address: 5275 El Verano Avenue -Atascadero
Telephone: 466-1588 Occupation: Telephone Service Tech
Please give a summary of your education, experience and reasons for
wishing to serve on the Atascadero Parks & Recreation Commission.
Feel free to attach additional data or resume.
My formal education includes high school graduation and one
year of college My informal education includes being the "favorite
brother" of a large family and raising my own four children.
I am currentlyserving my 12th year as a commissioner on the
Recreation Board I am the only "charter" member remaining. I
have a familiarity with all that has been accomplished the steps
needed to be taken to successfully complete a project , and the many
obstacles that must be maneuvered around to reach completion . I
am a well-informed commissioner; I have a good attendance and voting
record . I have represented the Board at as many functions as my
job and family responsibilities will allow.
I continue to have genuine interest in promoting the parks
and recreation facilities and programs and a desire to better serve
our citizens . I readily ask for and receive the townspeople ' s input
(continued on back)
I hereby certify that the foregoing is correct, and that I am a
resident of the City of Atascadero.
Signature:
U�/1s2-2� gA Date: July 1 , 19920
001M! .,
i
r
and reactions . I get along well with all my fellow board
members and the department ' s staff.
I believe the Recreation Board has accomplished many worth-
while tasks and the future looks great. I would like to continue
to be a contributing member of this vital board . I want
Atascadero to be a better place for all residents and visitors .
0001'72
C�-� -� ,�,,�,,� �--r-� i� `���•� Ute..-��
0001'74
Please return to: a ee a �• w �' I
CITY CLERK
la7a
6500 Palma Avenue �-7
Room 208 CAD
Atascadero, CA 93422
APPLICATION � ' > j
CITY OF ATASCADERO
PARKS & RECREATION COMMISSION
CITY AGR
Name:
Address:
ems'
4ig( —ma
Telephone: Occupation:
Please give a summary of your education, experience and reasons for
wishing to serve on the Atascadero Parks & Recreation Commission.
�Feel free to attach additional data or resume.
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I hereby certify that the foregoing is correct, and that I am a
resident of t C't of AtasIL44a
Signaturete
0001'75
Please return to: p
CITY CLERK A5-1Q a 0
6500 Palma Avenue JUN 6 IM1918 1 p i9 a�
Room 208
Atascadero, CA 93422 OF ATASCAQERO
CLERK'S OFFICE
A P P L I C A T I O N
CITY OF ATASCADERO
PARKS & RECREATION COMMISSION
Name: ;% rvj4
Address:.-..?J&5
Telephone: s%Zl/lD-' Occupation:
Please give a summary of your education, experience and reasons for
wishing to serve on the Atascadero Parks & Recreation Commission.
Feel free to attach additional data or resume.
I hereby certify that the forego' ng is correct, and that I am a
resident ity Atascade
Si tune: Date:
0001'76
Resolution No. 104-92
Page Two
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
000179