HomeMy WebLinkAboutAgenda Packet 062408 �T91$ � sou CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, June 24, 2008
Closed Session 5:00 p.m.
Regular Session 6:00 p.m.
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
CLOSED SESSION: 5:00 PM
1. PUBLIC COMMENT— CLOSED SESSION
2. CALL TO ORDER
a. CONFERENCE WITH LEGAL COUNSEL--
ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(c)
(Number of cases: 5)
3. ADJOURN
CLOSED SESSION REPORT
REGULAR SESSION: 6:00 PM
PLEDGE OF ALLEGIANCE: Council Member Luna
ROLL CALL: Mayor Brennler
Mayor Pro Tem Beraud
Council Member Clay
Council Member Luna
Council Member O'Malley
APPROVAL OF AGENDA: Roll Call
PRESENTATION:
1. Recognition of Paige Buck-Moyer, Former Parks & Recreation
Commission Youth Representative
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken.)
1. City Council Public Trust Workshop Draft Minutes - April 2 & 3, 2008
■ Recommendation: Council approve the City Council Public Trust Workshop
Minutes of April 2 & 3, 2008. [City Clerk]
2. City Council Draft Minutes - April 8, 2008
■ Recommendation: Council approve the City Council Minutes of April 8,
2008. [City Clerk]
3. General Municipal Election November 4, 2008
■ Description: The City Council must adopt resolutions to initiate the election
process, and to combine our election with the County.
■ Fiscal Impact: The cost to the City is determined by the number of
registered voters on Election Day, and the number of Candidate Statements
included in the Voter Pamphlet. The City Clerk's estimate is $20,000.00.
■ Recommendations: Council:
1. Adopt Draft Resolution A, calling and giving notice of the holding of a
General Municipal Election to be held on Tuesday, November 4, 2008;
and,
2. Adopt Draft Resolution B, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal Election
to be held on November 4, 2008. [City Clerk]
4. February 2008 Investment Report
■ Fiscal Impact: None
■ Recommendation: Council approve the City Treasurer's report for February
2008. [Treasurer]
5. Catering Agreement Approval for the Pavilion on the Lake
■ Fiscal Impact: The City of Atascadero will receive $150 per month rental fee
of the cafe, plus 20% of gross receipts for all on-site cafe & catering sales,
and 10% of gross receipts for all off-site catering sales.
■ Recommendation: Council approve a five-year contract for catering and
food services for the Pavilion on the Lake with Pacific Harvest Catering,
effective June 30, 2008 through June 30, 2013. [Community Services]
6. Final Map 2008-0156 (Parcel Map AT 07-0080), 6305 Morro Road (LLA
2007-0080), Giessinger
■ Fiscal Impact: None
■ Recommendations: Council:
1. Adopt and approve Final Parcel Map 2008-0156 (Parcel Map ATAL 07
0080); and,
2. Abandon a portion of the Marchant Avenue Right-of-Way, according to
Streets and Highway Code Section 66499.20 1/2 and as approved by
the City Council on October 9, 2007, with the Filing of this map; and,
3. Authorize and direct the City Clerk to endorse the City Council's
approval on the map. [Public Works]
7. Paloma Creek Park Sports Field Lighting Project — Materials Only
Package Award — City Bid No. 2008-003
■ Fiscal Impact: $149,300.00 in Vehicle and Equipment funds.
■ Recommendation: Council authorize the City Manager to execute a contract
with Musco Lighting West, Inc. in the amount of $149,300 for the purchase
of materials for the replacement of the Softball Field Lighting at Paloma
Creek Park. [Public Works]
8. Community Development Block Grant Program Fiscal Years 2009
through 2011
■ Fiscal Impact: Continued availability of approximately $190,000 annually
during the next 3 years for CDBG eligible programs.
■ Recommendation: Council authorize continued participation in the Urban
County Community Development Block Grant Program for Fiscal Years
2009 through 2011. [Public Works]
9. 2006/2007 Rehabilitation Prosect Award (Del Rio/ San Jacinto Road) City
Bid No. 2008-006
■ Fiscal Impact: $708,714.39 allocated from Local Transportation Funds and
Proposition 1B Funds.
■ Recommendations: Council:
1. Authorize the City Manager to execute a contract with Union Asphalt,
Inc. in the amount of $708,714.39 for construction of the 2006-2007
Road Rehabilitation Project; and
2. Authorize the Public Works Director to intermittently close portions of Del
Rio and San Jacinto Road during the construction period. [Public Works]
10.Woodridge/Las LomasTract 2525, Phases I and II Acceptance of the
Offers of Dedication for Public Open Space No. 1, No. 2 and No. 4.
Certify Completion of and Begin Warranty Period for Landscape and
Reduce Bond Amounts for Public Improvements
■ Fiscal Impact: The City's costs for the 2007-2008 (current year) are
estimated to be $6,678.00.
■ Recommendations: Council:
1. Adopt Draft Resolution A accepting the Public Improvements within the
areas proposed for Dedication of Public Open Space on Tract 2525,
Phase I and reject the improvements in the areas of dedication for
maintenance; and,
2. Adopt Draft Resolution B accepting the Offer of Dedications for Public
Open Space No. 1, No. 2 and No. 4, in Fee Simple, on Tract 2525,
Phase I; and,
3. Authorize the Public Works Director to reduce Tract 2525, Phases I and
II Public Improvement Bonds to reflect work completed and to accept
Landscape Improvements as complete and subject to a one-year
warranty period; and,
4. Authorize the Public Works Director to accept the Paloma Creek
Pedestrian Bridge as complete and subject to a one-year warranty
period. [Public Works]
11.Ordinance to Amend City's Smoking Ordinance to Include Prohibition of
Smoking at Atascadero State Hospital
■ Fiscal Impact: None.
■ Recommendation: Council adopt on second reading by title only, the Draft
Ordinance adding Section 8 to Title 6, Chapter 6 of the Atascadero
Municipal Code providing for the prohibition of smoking at the Atascadero
State Hospital. [Police and City Attorney]
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. The Council may take action to direct the staff
to place a matter of business on a future agenda. A maximum of 30 minutes will be
allowed for Community Forum, unless changed by the Council.)
B. PUBLIC HEARINGS
1. Initiative Petition to Amend the General Plan and Zoning Code
■ Fiscal Impact: The cost to the City is determined by the number of
registered voters on Election Day, and the number of pages used in the
Voter Pamphlet for the Ballot Measure text, impartial analysis and
arguments. The City Clerk's estimate is $2,000.00.
■ Recommendations: Council:
1. Receive the Certificate of Sufficiency from the City Clerk, certifying the
Initiative Petition to Amend the General Plan and Zoning Code to
Prohibit Commercial Establishments in Excess of 150,000 Square
Feet of Gross Floor Area or Retail Discount Stores in Excess of
90,000 Square Feet with at Least 5% of Gross Floor Area Dedicated
To Items Such As Groceries that was filed with the City Clerk on May
8, 2008;
AND
2. Take one of the following actions:
a. Adopt the proposed Ordinance, without alteration, amending
the General Plan and Zoning Code to Prohibit Commercial
Establishments in Excess of 150,000 Square Feet of Gross
Floor Area or Retail Discount Stores in Excess of 90,000
Square Feet with at Least 5% of Gross Floor Area Dedicated
to Items Such as Groceries.
OR
b. Call for an election.
i. Submit the Ordinance, without alteration, to the voters
by adopting the Draft Resolution A, ordering the
submission, to the qualified electors of the City, of a
certain measure relating to amending the General
Plan and Zoning Code, at the General Municipal
Election to be held on Tuesday, November 4, 2008,
as called by Resolution No. ; and,
ii. Adopt Draft Resolution B, setting priorities for filing
written arguments regarding a City measure and
directing the City Attorney to prepare an impartial
analysis.
OR
c. Order a report on the impact the adoption of this ordinance
would have on the City. (Once the Council receives this
report, the Council shall either adopt the ordinance within
10 days or order an election.) [City Clerk]
C. MANAGEMENT REPORTS
1. Ordinance Amending Title 2, Chapter 1, Section 2-1.15 of the Atascadero
Municipal Code, pertaining to Voluntary Abstentions
■ Description: This Ordinance, if adopted, would clarify the interpretation of
an abstention vote.
■ Fiscal Impact: None.
■ Recommendation: Council introduce for first reading, by title only, the
Draft Ordinance amending Title 2, Chapter 1, Section 2-1.15 of the
Atascadero Municipal Code pertaining to voluntary abstentions.
2. Update on City Council Strategic Planning Goals
■ Fiscal Impact: None.
■ Recommendation: Council provide direction on the progress and status of
the City Council's strategic planning goals. [City Manager]
3. Dormant Building Permit Applications and Unpaid Plan Check Fees
Update — Potential Time Extension Program
■ Fiscal Impact: Collection of unpaid plan check fees is estimated to provide
a financial benefit to the City of approximately $150,000.
■ Recommendation: Council direct staff to prepare a Title 8 code text
amendment to retroactively extend dormant and expired single family
residential, multi-family residential, industrial, and commercial building
permit applications to December 31, 2009, once all outstanding, unpaid
plan check fees have been paid. [Community Development]
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
1. Council Member Jerry Clay
a. Council Member Clay recommends that the City Council place Wal-Mart's
proposal to construct a Super Wal-Mart on their Del Rio property on the
November Ballot as an Advisory Vote Ballot Measure.
He requests Council consensus to direct staff to add to their July 8, 2008,
agenda, consideration of the addition of this Ballot Measure to the
November 2008 election:
Advisory Vote Only
1 support the Wal-Mart's proposal to construct
a Super Wal-Mart at their Del Rio location. Yes/No
b. Council Member Clay recommends that the City Council place the
question should the Mayor position be elected, on the November Ballot as
a Ballot Measure.
He requests Council consensus to direct staff to add to their July 8, 2008,
agenda, consideration of the addition of a Ballot Measure to the November
2008 election, asking the voters if they want the Mayor position elected:
Shall the electors elect a Mayor and four Council Members? Yes/No
If yes, shall the term of office of Mayor be two years? Yes/No
If yes, shall the term of office of Mayor be four years? Yes/No
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor Brennler
1. County Mayor's Round Table
2. Air Pollution Control District (APCD)
3. Finance Committee
Mayor Pro Tem Beraud
1. Integrated Waste Management Authority (IWMA)
2. City/ Schools Committee
Council Member Clay
1. City/ Schools Committee
2. Atascadero Youth Task Force
Council Member Luna
1. Finance Committee
Council Member O'Malley
1. S.L.O. Council of GovernmentsSLOCOG
( )
2. S.L.O. Regional Transit Authority (SLORTA)
3. Economic Vitality Corporation, Board of Directors (EVC)
4. League of California Cities — Council Liaison and CITIPAC Board Member
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the June 24, 2008 Regular Session of the Atascadero City Council was
posted on June 18, 2008 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422
and was available for public review in the Customer Service Center at that location.
Signed this 18`h day of June, 2008 at Atascadero, California.
Victoria Randall, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a
Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence
immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at
the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of
the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of
City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also
available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be
allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are either read into the record or referred to in their
statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are video taped
and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact
the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name and address (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
7. No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one
may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to
hook up your laptop to the City's projector can also be provided. You are required to submit to the City Clerk a printed
copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your
presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to:
• Please approach the lectern and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
ITEM NUMBER: A- 1
DATE: 6-24-08
SPECIAL MEETING
ATASCADERO CITY COUNCIL
Building Public Trust Workshop
Wednesday, April 2, 2008, 6:00 p.m.
ThursdaY April 3 2008 8:30 a.m.
DRAFT MINUTES
(This meeting was a workshop, and the minutes reflect the exercises and
discussions led by the Facilitator. The public attendees participated with the
Council and staff throughout the workshop.)
Wednesday, April 2, 2008
Call to Order— 6:00 p.m. - Mayor Brennler
Mayor Brennler called the meeting to order at 6:03 p.m.
ROLL CALL:
Present: Council Members Beraud, Clay, Luna, O'Malley, and Mayor
Brennler
Absent: None
Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson
Others Present: City Manager Wade McKinney, City Attorney Brian Pierik, Assistant
Manager Jim Lewis, and facilitator Dr. Tom Shanks
CC Public Trust Workshop
04/02&03/08
Page 1 of 5
ITEM NUMBER: A- 1
DATE: 6-24-08
Welcome and Introductions — Mayor Pro Tem Beraud & Council Member O'Malley
Mayor Pro Tem Beraud and Council Member O'Malley talked briefly about the Public
Trust Program that they have been developing and gave a summary of the purpose of
this workshop. Mayor Pro Tem Beraud introduced the facilitator, Dr. Tom Shanks.
Building Public Trust Workshop:
Dr. Shanks explained what to expect during the workshop; that this will be a hands-on
course for the City Council, Staff, and the audience. He reviewed the ground-rules,
participant agreements, and how the public would be involved. Dr. Shanks stated that
the City Council needs to air their differences so that they can move on. There were
several discussions concerning Council Member differences and possible solutions so
the Council can move towards a more positive working environment.
Dr. Shanks led a discussion on the levels of trust for an organization and asked
everyone, including the audience, to discuss the level of trust they have for the City of
Atascadero.
Mayor Brennler called a recess at 8:00 p.m.
Workshop resumed at 8:10 p.m.
Dr. Shanks led the Council and staff through an exercise and discussion concerning
values. The City Council and staff then discussed individual issues and the public was
included.
The Council listed goals they agree on concerning Council behavior:
Council Goals
• When the City is attacked from the outside, Council should get current information
from staff BEFORE responding. If time allows, Council should respond at a Council
meeting. If the issue is significant, a Special Meeting should be called.
• Council to speak with one voice on significant issues.
• Council defend individual members and staff when attacked — correct falsehoods
The City Council and staff were asked what they are taking away from tonight:
• Got a lot off their chests and felt good about it
• Realized they had emotions bottled up inside
• This is a safe environment to discuss conflict issues
• They have hope and are optimistic that these types of workshops will improve their
working relationships
Mayor Brennler continued the workshop at 9:15 p.m., to Thursday, April 3, 2008 at
8:30 a.m.
CC Public Trust Workshop
04/02&03/08
Page 2 of 5
ITEM NUMBER: A- 1
DATE: 6-24-08
Thursday, April 3, 2008
Call to Order— 8:30 a.m. - Mayor Brennler
Mayor Brennler called the workshop to order at 8:45 a.m.
ROLL CALL:
Present: Council Members Beraud, Clay, Luna, O'Malley, and Mayor
Brennler
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
Others Present: City Manager Wade McKinney, Assistant Manager Jim Lewis, and
City Attorney Brian Pierik.
Building Public Trust Workshop:
Facilitator Dr. Tom Shanks led the Council and staff through a series of exercises and
discussions concerning what they are proud of, what is their personal best, and why
there are proud of City staff.
Mayor Brennler called a recess at 10:40 a.m.
Workshop resumed at 10:55 a.m.
There was discussion, including the public, concerning the Commissions. The
following conclusions were reached:
• Treat Commissioners with civility but design process for review
• Don't get into name calling or stereotypes
• If Norms are not followed, Council needs to hear about it.
• Discuss Commission operations at quarterly meetings.
Dr. Shanks led a discussion on leadership. He asked the public to comment on the
Council's behavior at meetings:
• Council Members need to take seriously, complaints of Commissioners' behavior
to applicants at their meetings.
CC Public Trust Workshop
04/02803/08
Page 3 of 5
ITEM NUMBER: A- 1
DATE: 6-24-08
• Last Wal-Mart meeting was orderly.
• If decisions are not made at meeting and held over, there could be "lobbying"
outside of the meeting.
• If the Council says it is making a decision, it needs to do it; if postponing the
decision, tell public earlier.
• "Surrogates" are being heard, running things.
• Appointees are not elected, be aware of these decisions.
• When comments are made at end of meeting, public cannot comment.
• This is a big day, work through solutions.
• More listening
• Vision for the long term
• Hard-working staff
• Perceptions can be turned around quickly
• There is an atmosphere that is adversarial
• Recognize there are a lot of little tiny things.
Dr. Shanks led a lengthy discussion on trusting each other.
Mayor Brennler called a recess for lunch at 12:15 p.m.
Workshop resumed at 12:50 p.m.
Dr. Shanks led a discussion concerning conflict conversations and how to implement
them constructively. Individual Council Members confronted others on specific conflict
issues. The following consensus statements are a result of these discussions:
There was Council consensus to allow adequate time after public comment
for Council discussion before making a motion.
There was Council consensus to have Mike create a list of his concerns
and meet with the City Manager and the City Attorney to achieve closure on
the issues and publically announce the results.
Mayor Brennler called a recess at 2:55 p.m.
Workshop resumed at 3:05 p.m.
Dr. Shanks asked How Does the Council Act At Its Best?
• Council listens to each other
• Courteous
• Respectful language
• Problem solving oriented
• Treat Council/Staff/Public with respect even with disagreement
CC Public Trust Workshop
04/02&03/08
Page 4 of 5
ITEM NUMBER: A- 1
DATE: 6-24-08
• Deals with interpersonal conflict when it happens
• Need to explain briefly decisions and how conclusions was reached
• Work longer to seek consensus / broader support
• Work harder for more agreement/every issue considered
• Considers issue then moves on
• No decisions late at night
• Work out differences quickly
• Support Council decision even if you are in the minority
• Respect the process
• Follow an agreed upon process concerning motions
• Argue the issue and don't get personal (Hard on issue, soft on people)
• Focus on the things we agree on
• Mayor and Council Members can send letters supporting business development
• Focus on policy issues and let Staff implement them
The Council concluded that For the Future.....
• Respect people even when they have a different opinion than ours.
• Council sends a clear message by consensus to implement a plan.
• Council has a definitive decision making process.
• Support Staff, and do not make them part of the election scenario.
• We will have multiple people that want to run for City Council.
• We can all rate the City with a +20% dividend, trust is a visible asset.
• The Council has the same goals for the community.
• Council defends individual members when attacked.
• Correct falsehoods.
There was Council consensus that individual Council Members may be an
ambassador for the City to potential businesses, encouraging them to come to
Atascadero.
Mayor Brennler adjourned the Workshop at 4:10 p.m.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C., City Clerk
CC Public Trust Workshop
04/02&03/08
Page 5 of 5
ITEM NUMBER: A-2
DATE: 6-24-08
�-
.a8; p 1 7e CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, April 8, 2008
REGULAR SESSION:
Mayor Brennler called the meeting to order at 6:37 p.m. and members of Boy Scout
Troops 101, 226, 155 and Pack 155 led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Beraud, Clay, Luna, O'Malley, and Mayor
Brennler
Absent: None
Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Services Director Brady Cherry, Community Development Director
Warren Frace, Police Chief Jim Mulhall, Fire Chief Kurt Stone,
Public Works Director Steve Kahn, and City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
O'Malley to approve the agenda with the following change:
Move the Council Report concerning the Resolution of Support
for naming State Highway 41 The Robert Nimmo Highway prior
to the Community Forum.
Motion passed 5:0 by a roll-call vote.
CC Draft Minutes 04/08/08
Page 1 of 8
ITEM NUMBER: A-2
DATE: 6-24-08
PRESENTATIONS:
1. Boy Scouts of America — on Scouting's Impact in the City of Atascadero
Ingrid Olson, District Executive of the Del Norte District of the Los Padres Council Boy
Scouts of America, expressed appreciation for the community's support and gave an
overview of the local chapter Boy Scout history. She introduced the four units
represented; Troop 101, Troop 226, Troop 155 and Pack 155.
Michael Peach, Boy Scout Troop 226, also expressed his troop's appreciation for the
support of scouting activities within the community. He thanked Geoff English and Jim
Lewis for going above and beyond to help each scout.
Ingrid Olson, District Executive of the Del Norte District of the Los Padres Council Boy
Scouts of America, distributed to the Council a copy of the Los Padres Council's 2007
Annual Report and also welcomed interested individuals to the Boy Scouts wine and
chocolate tasting fundraiser on May 8th. She thanked Council Member O'Malley for
being an honorary chair and for hosting this event. (Handout, Exhibit A)
2. Employee Service Awards
City Manager Wade McKinney presented Employee Service Awards to Michelle
Schamber, Scott Pipan, and Jason Smith. He also recognized Thomas Gandy for his
achievements.
A. CONSENT CALENDAR:
1. City Council Meeting Minutes — February 26, 2008
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of February 26, 2008. [City Clerk]
2. October 2007 Investment Report
■ Fiscal Impact: None.
■ Recommendation: Council approve the City Treasurer's report for
October 2007. [City Treasurer]
3. January 2008 Accounts Payable and Payroll
■ Fiscal Impact: $2,060,974.55.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for January 2008. [Administrative
Services]
CC Draft Minutes 04/08/08
Page 2 of 8
ITEM NUMBER: A-2
DATE: 6-24-08
PUBLIC COMMENT — None.
MOTION: By Mayor Pro Tem Beraud and seconded by Council Member
Luna to approve Item #A-6.
Motion passed 4:0 by a roll-call vote. (O'Malley abstained)
Council Member O'Malley rejoined the hearing.
COUNCIL ANNOUNCEMENTS AND REPORTS:
1. Council Member O'Malley
a. Resolution of Support—for naming State Highway 41, from 101 east to
Creston Road the Robert & Pat Nimmo Highway
Council Member O'Malley explained that Assemblyman Sam Blakeslee and many of the
former Mayors of Atascadero are requesting the Atascadero City Council submit a
Resolution of Support for the naming of State Highway 41, from 101 east to Creston
Road the Robert & Pat Nimmo Highway.
PUBLIC COMMENT
Ray Johnson, former Mayor, gave a brief history of Robert Nimmo's service to local,
state and national communities. He asked for the Council's support for the naming of
the Highway.
Edie Knight, spoke for Pat Nimmo and asked that she be added to the Resolution.
Bob Wilkins, former Mayor, encouraged the Council to approve this Resolution as both
Pat and Robert Nimmo served our community well.
Mayor Brennler closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to support the naming of State Highway 41, from 101
east to Creston Road, The Robert & Pat Nimmo Highway, and
submit a Resolution of Support.
Motion passed 5:0 by a roll-call vote.
COMMUNITY FORUM:
Joan O'Keefe, read from an email she had sent Warren Frace back in November
inquiring about the property along Traffic Way that Gearhart was going to donate to the
Vets Memorial. She asked at what point the issue with the title will be taken care of so
that it can be recorded properly at the County Assessor's office. She also inquired
when the $30,000 in Redevelopment Funds, approved back in February 2007 to be
used to hire a historic consultant, would be brought to the Council for appropriate action.
CC Draft Minutes 04/08/08
Page 4 of 8
ITEM NUMBER: A-2
DATE: 6-24-08
Tom Gaddis, Ministerial Association and 33 year community member, thanked the
Council for their service and expressed his care and concern for the community. He led
the meeting with a prayer.
Mayor Brennler closed the Community Forum period.
Community Development Director Warren Frace answered Ms. O'Keefe's question
pertaining to the Gearhart property. He said there was a recording problem with the
property and that staff is working with the City Attorney to get it resolved. This item will
be presented on the next agenda.
City Manager Wade McKinney responded to Ms. O'Keefe's inquiry about the historic
consultant. He said that it will be part of the Redevelopment Agency budget
amendments that will be presented to the Board on May 13tH
C. MANAGEMENT REPORTS:
1. Economic Development Strategy Consultant Selection
■ Fiscal Impact: Depending on the consultant selected and the level of
public outreach and input, the cost of developing the strategy will range
from $43,000-$122,000. Related support costs and costs for the public
process are estimated to be $20,000. Funding has been appropriated in
the Redevelopment Agency budget for this purpose.
■ Recommendation: Council select an economic development consultant to
update the City's Economic Development Strategy and authorize the City
Manager to execute a contract with the selected consultant. [City
Manager's Office]
Mayor Brennler announced that one of the applicants, PMC, missed their flight and is
unable to attend.
Assistant City Manager Jim Lewis read the email received at 1:00 p.m. today from
Kendall Flint, Project Manager with PMC. (Exhibit B)
There was Council consensus to continue with the interviews.
Council Member O'Malley asked that the letter sent to the City by Chabin, the firm that
has declined to be interviewed by the Council, be read into the record by the City Clerk.
After discussion, there was Council consensus to have the Chabin letter read into
the record.
City Clerk Marcia McClure Torgerson read the Chabin letter into the record. (Exhibit C)
CC Draft Minutes 04/08/08
Page 5 of 8
ITEM NUMBER: A-2
DATE: 6-24-08
Assistant City Manager Jim Lewis gave a brief orientation on the background and
process for selecting the consultant and answered questions of the Council.
Council Member O'Malley asked questions of the City Attorney and the City Manager
concerning Council policy on the selection of consultants.
Mayor Brennler recessed the meeting at 7:35 p.m.
Mayor Brennler called the meeting back to order at 7:50 p.m.
Alan Cox, TIP Strategies, gave his presentation in conjunction with Dan Houston, Civic
Economics, for the Economic Development Strategy Consultant position and answered
questions of Council.
Dan Houston, Civic Economics, gave his presentation in conjunction with Alan Cox, TIP
Strategies, for the Economic Development Strategy Consultant position and answered
questions of Council.
Mayor Brennler recessed the meeting at 9:15 p.m.
Mayor Brennler called the meeting to order at 9:25 p.m.
Doug Svensson, Applied Development Economics (ADE), gave his presentation for the
Economic Development Strategy Consultant position and answered questions of
Council.
Kathie Studwell, Applied Development Economics (ADE), gave her presentation for the
Economic Development Strategy Consultant position and answered questions of
Council.
Iry Hamilton, Applied Development Economics (ADE), gave his presentation for the
Economic Development Strategy Consultant position and answered questions of
Council.
PUBLIC COMMENT
Chuck Ward, said that he has changed his mind, and he now recommends that the
Council hire a consultant for this study. He also asked that the household and business
study address the issue of why Atascadero has such a poor business friendly
reputation.
Jim Shannon stated he encourages the Council to hire Applied Development
Economics. He strongly disagrees that the public is responsible for the perception of our
City; he believes that the City Council is responsible for that perception.
Mayor Brennler closed the Public Comment period.
CC Draft Minutes 04/08/08
Page 6 of 8
ITEM NUMBER: A-2
DATE: 6-24-08
A discussion ensued amongst the Council Members.
MOTION: By Council Member O'Malley and seconded by Council
Member Luna to select Applied Development Economics as
the Economic Development Strategy Consultant, including the
survey.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Luna and seconded by Council Member
Clay to go past 11:00 p.m.
Motion failed 2:3 by a roll-call vote. (Beraud, Brennler and
O'Malley opposed)
2. City of Atascadero Employee Ethics Survey and Follow-up
■ Fiscal Impact: $5,000.
■ Recommendation: Council receive and file this report. [City Manager's
Office]
This item was continued.
3. Planning Commission Requests
• Fiscal Impact: Will depend on Council's direction.
■ Recommendation: Council give staff direction on interpretation of
abstention vote, drive-through policy development, and tree mitigation fee
review. [City Manager's Office]
This item was continued.
C. COMMITTEE REPORTS: None.
D. INDIVIDUAL DETERMINATION AND/OR ACTION: None.
E. ADJOURNMENT:
Mayor Brennler adjourned the meeting at 11:00 p.m. to the next regularly scheduled
meeting of the City Council on April 22, 2008.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C., City Clerk
CC Draft Minutes 04/08/08
Page 7 of 8
ITEM NUMBER: A -2
DATE: 6-24-08
The following exhibits are available for review in the City Clerk's office.-
Exhibit
ffice:Exhibit A—Los Padres Council, Boy Scouts of America, 2007 Annual Report
Exhibit B—Email from Kendall Flint, of PMC, dated April 8, 2008
Exhibit C—Letter from Audrey E. Taylor, of Chabin, dated February 29, 2008
CC Draft Minutes 04/08/08
Page 8 of 8
ITEM: A-3
DATE: 06/24/08
I
iais�" r �e7e 7
Atascadero City Council
City Clerk Report
General Municipal Election
November 4, 2008
(The City Council must adopt resolutions to initiate the election process,
and to combine our election with the County.)
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution A, calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 4, 2008; and
2. Adopt Draft Resolution B, requesting the Board of Supervisors of the County of
San Luis Obispo to consolidate a General Municipal Election to be held on
November 4, 2008.
DISCUSSION:
The General Municipal Election will be held on Tuesday, November 4, 2008. The terms
of three Council Members, George Luna, Jerry Clay and Mike Brennler, will expire in
November 2008. The City Council must adopt a resolution to initiate the election
process. Also, to combine our election with the County, the Council must adopt a
resolution requesting consolidation with the County.
FISCAL IMPACT:
The cost to the City is determined by the number of registered voters on Election Day,
and the number of Candidate Statements included in the Voter Pamphlet. The City
Clerk's estimate is $20,000.00.
ATTACHMENTS: Draft Resolution A
Draft Resolution B
ITEM: A-3
DATE: 06/24/08
DRAFT RESOLUTION A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, a General Municipal Election shall be held on November 4, 2008, for the election of
Municipal Officers; and
NOW, THEREFORE, The City Council of the City of Atascadero, California, does
resolve, declare, determine and order as follows:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities, there is called and ordered to be held in the City of Atascadero,
California on Tuesday, November 4, 2008, a General Municipal Election for the purpose of
electing three Members of the City Council for the full term of four years.
SECTION 2. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the
day of the election and shall remain open continuously from that time until eight o'clock p.m. of
the same day when the polls shall be closed, except as provided in § 14401 of the Elections Code
of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 7 That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
On motion by and seconded by the
foregoing Resolution is hereby adopted on the following roll call vote:
City of Ataseadero
Draft Resolution A
Page 2
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C. City Clerk Mike Brennler, Mayor
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM: A -3
DATE: 06/24/08
DRAFT RESOLUTION B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 4, 2008, WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE
ELECTIONS CODE
WHEREAS, the City Council of the City of Atascadero, called a General Municipal
Election to be held on November 4, 2008, for the purpose of the election of three Members of the
City Council, for a term of four years each; and,
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General election to be held on the same date and that within the city the precincts,
polling places and election officers of the two elections be the same, and that the County election
department of the County of San Luis Obispo canvass the returns of the General Municipal
Election and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, The City Council of the City of Atascadero, California, does
resolve, declare, determine and order as follows:
SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the
Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree
to the consolidation of a General Election with the Statewide General election on Tuesday,
November 4, 2008, for the purpose of the election of three Members of the City Council for a
term of four years each.
SECTION 2. That the County election department is authorized to canvass the returns
of the General Municipal Election. The election shall be held in all respects as if there were only
one election, and only one form of ballot shall be used.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the
County election department to take any and all steps necessary for the holding of the
consolidated election.
SECTION 4. That the City of Atascadero recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the County for
any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the County election department of the County of
San Luis Obispo.
City of Ataseadero
Draft Resolution B
Page 2
SECTION6. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
On motion by and seconded by , the foregoing
Resolution is hereby adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., City Clerk Mike Brennler, Mayor
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM NUMBER: A-6
DATE: 6-24-08
RZi a iaia
Atascadero City Council February 2008
Staff Report - City Treasurer
February 2008 Investment Report
RECOMMENDATION:
Council approve the City Treasurer's report for February 2008
REPORT IN BRIEF:
Cash and Investments
Checking $ 73,038
Money Market Accounts 1
Certificates of Deposit 7,363,248
Government Securities 6,599,983
LAIF 20,515,970
Cash with Fiscal Agents 151,753
Cash in Banks at February 29, 2008 $ 34,703,993
Deposits in Transit -
Outstanding Checks (776,055)
Cash and Investments at February 29, 2008 $ 33,927,938
Investment Activity
Securities Purchased:
None
Securities Matured:
None
Page 1 of 15
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF FEBRUARY 2008
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
February 1,2008 $ 693,179 $ 34,803,269 $ 127,864 $ 35,624,312
Receipts 1,354,482 195 309 1,354,986
Disbursements (2,275,305) - - (2,275,305)
Transfers In 3,019,262 2,695,000 23,580 5,737,842
Transfers Out (2,718,580) (3,019,262) - (5,737,842)
Balance per Banks at
February 29, 2008 $ 73,038 $ 34,479,202 $ 151,753 34,703,993
Deposits in Transit -
Outstanding Checks (776,055)
Adjusted Treasurer's Balance $ 33,927,938
Page 3 of 15
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City of Atascadero
Investments by Type
February 2008
Cash with Other
Fiscal Agent 0%
1%
Govemmcnt
Securities
19%
Certificates 59%
of Deposit ` . -': t
21% �•
Investment February 2008
LAIF $ 20,515,970
Certificates of Deposit 7,363,248
Government Securities 6,599,983
Cash with Fiscal Agent 151,753
Other 1
$ 34,630,955
Page 12 of 15
City of Atascadero
Investments by Maturity
February 2008
Within One Month
One Month to One Ycar
0% 9% One to
Five Years
On Demand
60%
Investment February 2008
On Demand $ 20,515,971
Within One Month 54,171
One Month to One Year 2,888,968
One to Five Years 11,020,092
$ 34,479,202
Page 13 of 15
City of Atascadero
Investments by Custodial Agent
February 2008
Union Bank
40%
Bank of New York
o
F '
in
Other -
0%
State of California
59%
Custodial Agent February 2008
State of California $ 20,515,970
Other 54,172
Union Bank 13,909,060
Bank of New York 151,753
$ 34,630,955
Page 14 of 15
City of Atascadero
Investment Yield vs. 2-Year Treasury Yield
For the Month Ended February 29, 2008
6.00%
5.00%
4.00%
3.00%
2.00%
1.00%
0.00%
esti 6
F00a�
--o—City Yield --d-^2-Yr Treasury Weighted Portfolio Yield
2-Yr
Treasury
Weighted
Portfolio
City Yield Yield
February 2007
March 2007 4.72% 3.88%
April 2007 4.76% 3.98%
May 2007 4.80% 4.07%
June 2007 4.83% 4.23%
July 2007 4.82% 4.12%
August 2007 4.82% 3.87%
September 2007 4.82% 3.74%
October 2007 4.77% 3.71%
November 2007 4,71% 3.42%
December 2007 4.63% 3.30%
January 2008 4.55% 2.87%
February 2008 4.31% 2.50%
Page 15 of 15
ITEM NUMBER: A-5
DATE: 6-24-08
/e �F'r F.
I-.pa
198 ^. �. 1979
Atascadero City Council
Staff Report— Community Services Department
Catering Agreement Approval for the Pavilion on the Lake
RECOMMENDATION:
Council approve a five-year contract for catering and food services for the Pavilion on
the Lake with Pacific Harvest Catering, effective June 30, 2008 through June 30, 2013.
DISCUSSION:
Background: The City of Atascadero will be renewing the partnership with the Pavilion
on the Lake's current caterer, Pacific Harvest Catering. A competitive selection process
was used to ultimately select the incumbent caterer. Interviews and food samples were
conducted by a panel of City staff and community representatives to select the best
company. Pacific Harvest Catering was rated highest by the panel, and will continue
operating the cafe and catering business at the Pavilion on the Lake.
Pacific Harvest Catering also has an excellent history and relationship with the City and
community groups that use the Pavilion. They will run both the catering and cafe
businesses out of the Pavilion. Renters will be required to use Pacific Harvest Catering
and will not be able to hire an outside caterer. The only other option will be for renters
to prepare food themselves. Outside commercial catering companies will not be
permitted under the new agreement.
Analysis: After reviewing the proposals for catering businesses, and interviewing the
parties interested, the panel decided that Pacific Harvest Catering would best suit the
needs of the Pavilion renters and the community of Atascadero.
FISCAL IMPACT:
The City of Atascadero will receive $150 per month rental fee of the cafe, plus 20% of
gross receipts for all on-site cafe & catering sales, and 10% of gross receipts for all off-
site catering sales.
ATTACHMENTS:
1. Pacific Harvest Catering Contract
ITEM: A-5
DATE: 06/24/08
Tf
City of Atascadero
� fCflPtjr
�~ r Department of Community Services
AGREEMENT FOR SERVICES BY CONTRACTOR
PAVILION ON THE LAKE CATERING OPERATION
This Agreement is made upon the date of execution, as set forth below,by and between Pacific
Harvest Catering, a sole proprietorship, hereinafter referred to as "Contractor," and the City of
Atascadero, California, a Municipal Corporation, hereinafter referred to as the "City." The
parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the
following terms and conditions:
1.0 GENERAL PROVISIONS
1.01 TERM: This Agreement will become effective on the date of execution by the
City, set forth below, and will continue in effect until terminated as provided
herein.
1.02 LOCATION: The premises of operation is Atascadero's Pavilion on the Lake,
9315 Pismo Avenue, Atascadero, California, including the Pavilion on the Lake
cafe and kitchen facilities and any additions and improvements to the Pavilion on
the Lake (the"Premises").
1.03 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees
to perform and/or provide all food catering services at the Premises in a business-
like manner to the satisfaction of the Department of Community Services. The
City and Contractor agree that Contractor will be the exclusive commercial caterer
for hire for all events at Atascadero's Pavilion on the Lake. No other catering
business may be hired for a fee by a renter using the facility.
Contractor may provide alcohol at the Premises as part of its catering services, but
must strictly adhere to all state and local laws regulating the sale of alcoholic
beverages. Contractor must establish and maintain procedures to ensure that
alcohol is not served or sold to minors. The City reserves the right to revoke
Contractor's privilege to provide alcoholic beverages at the Premises if problems
occur related to the provision of alcohol at the Premises.
Contractor shall determine the method, details, and means of performing the
above-referenced services so long as the method, details, and means of performing
selected by the Contractor comply with all applicable statutes, ordinances, and
regulations.
Contractor may use the Pavilion cafe and kitchen facilities for preparing and
catering food for either public or private events, both at the Premises and off the
Premises.
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Contractor may, at Contractor's own expense, employ such assistants as
Contractor deems necessary to perform the services required of Contractor by this
agreement. City may not control, direct or supervise Contractor's assistants or
employees in the performance of those services.
1.04 RENT AND GROSS SALES RECEIPTS: In consideration for this Agreement,
Contractor will pay the City on a monthly basis as follows: (1) a flat fee of$150;
(2) 20 % of total gross earnings from food and beverage sales and catering
opportunities at any City-owned properties, including the Premises; and (3) 10 %
of total gross earnings from catering opportunities that are not located on City-
owned properties, but for which Contractor uses the Premises for food and
beverage preparation. Gross earnings shall not include any sales or excise taxes
imposed by any governmental entity.
Contractor shall make monthly payments to the City of Atascadero by the tenth
day of each month. Contractor must submit monthly payments to the City of
Atascadero,ATTN: Pavilion, 6907 El Camino Real,Atascadero California.
The City will consider monthly payments received from the tenth of each month
to the twenty-fifth of each month to be delinquent and will assess a 101% penalty.
Payments received after the twenty-fifth of each month will be assessed an
additional 10%penalty.
Failure by Contractor to tender payment to the City within 30 days of any payment
so due, shall be sufficient cause for the City to terminate this Agreement.
1.05 SUBLEASE: Contractor shall not sublease or otherwise convey any interest of
any sort granted by this Agreement to any person or persons whatsoever without
prior written consent and approval by the City.
1.06 RECORDS AND ACCOUNTS: Contractor shall keep true and accurate books
and records showing all of its business transactions in separate records of account
for the catering operation, in a manner acceptable to the City. The City shall have
the right, through its representatives, and at all reasonable times, to inspect such
books and records, including State of California sales tax records.
The City may require Contractor, at its expense, to have its records and accounts
audited by an auditor acceptable to the City and shall present said audit to the
Director of Community Services within 30 days after the completion of the audit.
If Contractor fails to provide the required audit, the City shall contract to have an
audit performed at Contractor's expense.
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1.07 CONDITIONS OF PREMISES: Contractor's execution of and performance of
services under this Agreement shall constitute Contractor's acknowledgment that
the Premises are in good and tenable condition. Contractor agrees to accept the
Premises, and any existing additions and improvements thereto, "as is" in the
present existing condition.
Contractor may modify the Premises only with prior written approval by the
Director of Community Services (or designee). Any plans for such modification,
shall be submitted to the City for approval prior to the commencement of any
modification. Any modification by Contractor shall be without cost to the City
and shall be subject to the indemnification provisions set forth in section 2.11.
1.08 SIGNS: All signs, names or placards shall be approved by the Director of
Community Services (or designee) prior to installation. All signs must meet all
requirements and specifications as set forth by the City.
a. An 8' x 3' banner may be placed on the City's Highway 41 banner holder. City
sponsored events and events with prior City approval take precedence to
catering business banners. The Pavilion staff will hang and remove banners as
necessary.
b. The City has two pre-approved signage locations on the Pavilion. Any other
locations must have prior written approval from the Director of Community
Services(or designee).
1) The northeast corner wall of the building near the kitchen and barbecue.
2) The southeast corner wall of the building near the cafe window and the
patio.
1.09 DAMAGE TO/DESTRUCTION OF PREMISES: Should the Premises be
totally or partially damaged or destroyed, the City shall promptly repair the same,
except that the City is not obligated to make such repairs, and the City may
terminate this Agreement if(a) the subject premises or the building improvements
in which the premises are situated cannot reasonably be expected to be restored
under existing law to substantially the same condition as existed prior to such
damage or destruction with 90 days from the date that the insurance proceeds
become available to the City; or (b) if the costs of such restoration would exceed
one-half of the full insured value of the building and other improvements in which
the subject premises are situated; or(c) if the damage or destruction results from a
casualty not customarily insured against by a policy of standard fire and extended
coverage insurance having vandalism and malicious mischief endorsements or(d)
the Premises are totally or partially damaged or destroyed as a result of actions by
Contractor and/or its employees and agents. Nothing in this section affects or
diminishes Contractor's indemnification obligations set forth in section 2.11. Any
notice of termination given here shall be given to Contractor within 15 days after
City determines the period of time required for and the estimated cost of such
repair or restoration.
2.0 OBLIGATIONS OF CONTRACTOR
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2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor
agrees to devote the hours necessary to perform the services set forth in this
Agreement in an efficient and effective manner. Contractor may represent,
perform services for, and be employed by additional individuals or entities, at
Contractor's sole discretion, as long as the performance of these extra-contractual
services does not interfere or conflict with Contractor's obligations under this
Agreement.
2.02 HOURS OF OPERATION: Hours of operation to be established by Contractor
upon mutual agreement with the Director of Community Services(or designee).
2.03 PERMITS: Contractor is required to provide City, prior to commencement of
operation of catering business, a copy of a City Business License, a San Luis
Obispo County Health Department permit for food sales, and a Board of
Equalization Certificate.
2.04 TAXES: Contractor agrees to pay all lawful taxes, assessments or charges which
may be levied by government entities.
2.05 FACILITIES:
a. Kitchen: Contractor shall have a right to use the Pavilion kitchen and all City-
owned appliances and equipment within the kitchen area so long as the kitchen
has not been reserved for use by the City of Atascadero and/or rented to
another party. If Contractor wishes to use the Pavilion's rental equipment to
perform its services, it must request permission in advance from the Pavilion
Coordinator. Contractor shall notify the Pavilion Coordinator as soon as
possible when Contractor need to reserve the kitchen. The City shall supply
Contractor,in writing, seven days prior notice when it has rented the kitchen to
others and shall indicate for how long it has rented the Kitchen. Contractor
accepts that when it reserves the kitchen and the Pavilion has a potential renter,
the Contractor must be able to cater for said renter (as the renter will not be
allowed to rent the kitchen due to Contractor's prior reservation). NO kitchen
reservations may be made by the Contractor on Saturdays.
b. Cafe: Contractor, at its own expense, shall completely equip the Pavilion cafe
and keep all equipment in a first class manner to the satisfaction of the Director
of Community Services(or designee)throughout the term of this Agreement.
c. Ice Cream/Food Cart: Contractor may use an ice cream/food cart in
Atascadero Lake Park,weather permitting.
d. Equipment, Tools, and Instrumentalities: Contractor shall provide, at its
own expense, all equipment, tools, and instrumentalities to perform the
services under this Agreement.
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e. Storage: Contractor may only store its equipment, tools, and instrumentalities
in an area approved by the Director of Community Services (or designee).
The Director of Community Services (or designee) may allow storage of the
Contractor's equipment, tools, and instrumentalities in the Pavilion kitchen if
there is available space, as determined by the Pavilion Coordinator.
Contractor is responsible for returning all equipment, tools, and
instrumentalities to their proper place after catering events and performing
services under the Agreement. Neither the City nor Pavilion staff is
responsible for items left out after an event.
f. Theft: The City is not responsible for damage to, theft of, or loss of any
equipment,tools,and/or instrumentalities owned and/or rented by Contractor.
2.06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES: The
City has the right to inspect and schedule the prices and rates of goods sold upon
the Premises. Contractor may only sell items that have been agreed upon through
mutual consent between the Contractor and the City. The City reserves the right to
prohibit the sale of any item which it deems objectionable or beyond the scope of
merchandise deemed necessary for proper service to the public. Contractor shall
post rates and prices of all items in such places as designated by the City.
2.07 SECURITY/COMMUNICATIONS: Contractor agrees to provide telephone
services to the Pavilion cafe throughout the duration of this Agreement at
Contractor's expense. Optional Security Alarm services are to be provided by the
Contractor.
2.08 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS:
City and Contractor intend and agree that Contractor is an independent contractor
of City and agrees that Contractor and Contractor's employees and agents have no
right to Worker's Compensation and other employee benefits. If any worker
insurance protection is desired, Contractor agrees to provide Worker's
Compensation and other employee benefits, where required by law, for
Contractor's employees and agents. Contractor agrees to hold harmless and
indemnify, and defend City for any and all claims arising out of any claim for
injury, disability, or death of and any of Contractor's employees or agents.
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2.09 INDEMNIFICATION: Contractor agrees to indemnify, defend,protect and hold
harmless City from and against any and all liabilities, claims, actions, causes of
action, proceedings, suits, damages,judgments, liens, levies, costs and expenses of
whatever nature, including reasonable attorneys' fees and disbursements
(collectively, "Claims"), which City may suffer or incur or to which City may
become subject by reason of or arising out of the negligent or willfully wrongful
acts or omissions of Contractor, its officers, employees, or agents committed in
performing services under this Agreement. For purposes of this section, "City"
includes City's officers, officials, employees, agents, and volunteers. The
provisions of this section do not apply to Claims occurring as a result of the City's
sole negligence or willful acts or omissions. The insurance required to be
maintained by Contractor under this Agreement is intended to ensure Contractor's
obligations under this section, but the limits of such insurance do not limit the
liability of Contractor. The provisions of this section will survive the expiration or
earlier termination of this Agreement.
2.10 INSURANCE: Contractor shall not commence work under this contract until
he/she has obtained all insurance required under this section and such insurance
shall have been approved by City as to form,amount and carrier:
a. Public Liability and Property Damage Insurance. Contractor shall take out
and maintain during the life of this Agreement such public liability and
property damage insurance as shall protect City, its elective and appointive
boards, officers, agents and employees, and Contractor and any agents and
employees performing work covered by this agreement from claims for
damages for personal injury, including death, as well as from claims for
property damage which may arise from Contractor's or any subcontractor's
operations under this Agreement, whether such operations be by Contractor or
by anyone directly or indirectly employed by Contractor, the amounts of such
insurance shall be as follows:
(1) Public Liability Insurance.
In an amount not less than $500,000 per injury, including, but not limited
to death to any one person and, subject to the same limit for each person,
in an amount not less than$1,000,000 on account of any one occurrence;
(2) Property Damage Insurance.
In an amount of not less than $50,000 for damage to the property of each
person on account of any one occurrence.
(3) Comprehensive Automobile Liability.
Bodily injury liability coverage of$500,000 for each person in any one
accident and $1,000,000 for injuries sustained by two or more persons in
any one accident. Property damage liability of$50,000 for each accident.
(4) Worker's Compensation Insurance.
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City of Atascadero
In the amounts required by law, if applicable.
b. Proof of Insurance. Contractor shall furnish City, concurrently with the
execution hereof, with satisfactory proof of carriage of the insurance required,
and adequate legal assurance that each carrier will give City at least 30 days'
prior notice of the cancellation of any policy during the effective period of this
contract. The certificate or policy of liability of insurance shall name City as
an additional insured with the Contractor.
2.11 CONTRACTOR'S MAINTENANCE: Except as otherwise provided in this
Agreement,Contractor,at its own cost and expense agrees:
a. To maintain throughout the Agreement term in good sanitary order, condition,
and repair, all portions of the Pavilion on the Lake cafe and kitchen facilities,
including, without limitation, (a) the interior of the cafe and kitchen facilities,
including flooring, exposed plumbing, lighting lamps and wiring, paint and
finish; (b)any windows; (c)the outside deck area; (d)any personal property of
the Contractor situated in or upon the Premises; (e) all City-owned kitchen
appliances, including but not limited to the stove, grill, dishwasher, ice
machine, refrigerator and freezer; (f) any heating, ventilating or air
conditioning equipment installed by Contractor in or upon the Premises.
b. To maintain the Pavilion on the Lake cafe and kitchen facilities in
conformance with the highest standards of health and safety.
c. To notify the City promptly of any damage to the Premises or the building in
which they are situated resulting from or attributed to the acts or omissions of
the Contractor, its invitees or its authorized representatives, and thereafter
promptly to repair all such damage at Contractor's sole cost and expense.
2.12 UTILITIES: The City shall pay the reasonable costs for the actual utilities,
including water, gas, heat, light and power supplied to the cafe and kitchen
facilities at the Pavilion on the Lake. Contractor shall make arrangements for and
pay the charges when due for telephone.
The suspension or interruption in utility service to the Premises for reasons beyond
the ability or control of the City shall not constitute a default by City or entitle
Contractor to any reduction or abatement of the monthly payment due to the City.
3.0 OBLIGATIONS OF CITY
3.01 COOPERATION: City agrees to comply with all reasonable requests of
Contractor necessary to the performance of Contractor's duties under this
agreement.
3.02 PLACE OF WORK: City agrees to provide exclusive use and access to
Atascadero's Pavilion on the Lake cafe for use by Contractor while performing the
services described within this agreement.
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City of Atascadero
4.0 TERMINATION OF AGREEMENT
4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this
Agreement, any party hereto may terminate this Agreement, at any time, without
cause by giving at least 30 days prior written notice to the other parties to this
Agreement.
4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This
Agreement shall terminated automatically on the occurrence of any of the
following events:
(1) Bankruptcy or insolvency of any party;
(2) Sale of the business of any party;
(3) Death of any party;
(4) The end of the 30 days as set forth in section 4.01 of this Agreement;
(5) End of the Agreement to which Contractor's services were necessary; or
(6) Assignment of this Agreement by Contractor without consent of the City.
4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF AGREEMENT:
Should any party default in the performance of this Agreement or materially
breach any of its provisions, a non-breaching party, at their option, may terminate
this Agreement, immediately, by giving written notice of termination to the
breaching party.
4.04 TERMINATION: This Agreement shall terminate on June 30, 2013, unless
extended as set forth in this section. City grants to the Tenant the option to extend
this Lease for a single one-year period, following the above ending date. Tenant
must notify city of its intent to exercise the extension no later than 30 days before
the expiration date or before the expiration of any extension period.
4.05 REMOVAL OF ALTERATIONS: City, by giving written notice to Contractor
within 30 days before the expiration or termination of the Agreement,may elect to
require Contractor, at Contractor's sole cost and expense, to remove the alterations
specified by City in its notice and make such repairs necessitated by the removal
of said alterations, and any damage resulting therefrom, as may be necessary to
restore the Premises to good condition the last day of the lease term or within 30
days of the City's notice. This stipulation will not affect any improvements agreed
to by the Director of Community Services, as described in Section 1.07 of this
agreement.
5.0 MISCELLANEOUS
nexclusive
5.01 REMEDIES: The remedies set forth in this Agreement shallof be
but
shall be cumulative with, and in addition to, all remedies now or hereafter allowed
by law or equity.
PAVILION ON THE LAKE 8
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5.02 NO WAIVER: The waiver of any breach by any party of any provision of this
agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of this Agreement.
5.03 ASSIGNMENT: This Agreement is specifically not assignable by Contractor to
any person or entity. Any assignment or attempt to assign by Contractor, whether
it be voluntary or involuntary, by operation of law or otherwise, is void and is a
material breach of this agreement giving rise to a right to terminate as set forth in
Section 4.03.
5.04 ATTORNEYS' FEES: In the event of any controversy, claim or dispute between
the parties hereto, arising out of or relating to this Agreement, or the breach
thereof,the prevailing party shall be entitled,in addition to other such relief as may
be granted,to a reasonable sum as and for attorneys' fees.
5.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in
this agreement, should the performance of any obligation or act required by this
Agreement to be performed by either party be prevented or delayed by reason by
any act of God, war, terrorism, natural disaster, strike, lockout, labor trouble,
inability to secure materials, or any other cause except financial inability not the
fault of the party required to perform the act, the time for performance of the act
will be extended for a period of time equivalent to the period of delay will be
excused; provided, however, that nothing contained in this section shall exclude
the prompt payment by either party as required by this Agreement or the
performance of any act rendered difficult or impossible solely because of the
financial condition of the party required to perform the act.
5.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or
other communications required or permitted by this Agreement or by law to be
served on or given to any party to this Agreement shall be in writing and shall be
deemed duly served and given when personally delivered or in lieu of such
personal service when deposited in the United States mail, first-class postage
prepaid to the following address for each respective party:
PARTY ADDRESS
CITY OF ATASCADERO 6907 El Camino Real
Department of Atascadero,CA 93422
Community Services (805)461-5000
CONTRACTOR
Pacific Harvest Catering 480 La Jolla
(805)234-6629 Morro Bay,CA 93442
5.07 GOVERNING LAW: This Agreement and all matters relating to this Agreement
shall be governed by the laws of the State of California in force at the time any
need for the interpretation of this agreement or any decision or holding concerning
this Agreement arises.
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5.08 BINDING EFFECT: This Agreement shall be binding on and shall inure to the
benefit of the heirs, executors, administrators, successors and assigns of the parties
hereto, but nothing in this section shall be construed as a consent by City to any
assignment of this Agreement or any interest in this Agreement.
5.09 SEVERABILITY: Should any provision of this Agreement be held by a court of
competent jurisdiction or by a legislative or rule-making act to be either invalid,
void or unenforceable, the remaining provisions of this Agreement shall remain in
full force and effect,unimpaired by the holding,legislation or rule.
5.10 SOLE AND ENTIRE AGREEMENT: This Agreement constitutes the sole and
entire Agreement between the parties with respect to the subject matter hereof.
This Agreement correctly sets forth the obligations of the parties hereto to each
other as of the date of this Agreement. All Agreements or representations
respecting the subject matter of this Agreement not expressly set forth or referred
to in this Agreement are null and void.
5.11 TIME: Time is expressly declared to be of the essence of this Agreement.
5.12 DUE AUTHORITY: The parties hereby represent that the individuals executing
this agreement are expressly authorized to do so on and in behalf of the parties.
5.13 CONSTRUCTION: The parties agree that each has had an opportunity to have
their counsel review this Agreement and that any rule to the effect that ambiguities
are to be resolved against the drafting shall not apply in the interpretation of this
Agreement or any amendments or exhibits thereto. The captions of the sections
are for convenience and reference only, and are not intended to be construed to
define or limit the provisions to which they relate.
5.14 AMENDMENTS: Amendments to this Agreement shall be made only with the
mutual written consent of all of the parties to this Agreement.
Executed on ,2008 at Atascadero, California.
Attest: CITY OF ATASCADERO
By:
Marcia M. Torgerson Wade McKinney
City Clerk City Manager
Approved as to form:
By:
Brian Pierik CONTRACTOR
City Attorney
PAVILION ON THE LAKE 10
PACIFIC HARVEST CATERING AGREEMENT
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ITEM NUMBER: A-7
-. DATE: 6-24-08
ccne;
FISCAL IMPACT:
EXPENDITURES
Design $ 5,700.00
Contract for Lighting Materials purchase 149,300.00
Minor Construction & Materials 70,000.00
Inspection /Testing / Construction Administration 10,070.00
Contin enc 10% 14,930.00
Total Estimated Expenditure: $ 250,000.00
REVENUE
Vehicle & Equipment Funds $ 250,000.00
Total Allocated Revenue: $ 250,000.00
ALTERNATIVES:
1. Do not award the contract and cancel the project.
2. Direct staff to redesign and re-bid the project.
ATTACHMENTS:
Bid Summary
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ITEM NUMBER: A-8
DATE: 6-24-08
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Atascadero City Council
Staff Report- Public Works Department
Final Map 2008-0156 (Parcel Map AT 07-0080)
6305 Morro Road (LLA 2007-0080)
Giessinger
RECOMMENDATIONS:
Council:
1. Adopt and approve Final Parcel Map 2008-0156 (Parcel Map ATAL 07-
0080); and,
2. Abandon a portion of the Marchant Avenue Right-of-Way, according to
Streets and Highway Code Section 66499.20 1/2 and as approved by the
City Council on October 9, 2007, with the filing of this map; and,
3. Authorize and direct the City Clerk to endorse the City Council's approval
on the map.
DISCUSSION:
Lot Line Adjustment 2007-0080 was approved by the City Council on October 9,
2007. The Lot Line Adjustment changed the configuration of Parcel 1 by
abandoning a portion the Marchant Avenue Right of Way. No additional lots
were created as part of this action.
Pursuant to California Government Code Section 66412, the approving
legislative body (City Council) shall limit its review to whether or not the lot line
adjustment will conform to the General Plan and any zoning and building
ordinances. Staff has determined that Final Map 2008-0156, is in substantial
conformance with the General Plan and all applicable zoning and building
ordinances.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2008-0156 (Parcel Map AT 07-
0080)
ITEM NUMBER: A-8
DATE: 6-24-08
Exhibit A
Final Map 2008-0156(Parcel Map AT 07-080)
6305 Morro Road
Giessinger
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ITEM NUMBER: A-8
DATE: 6-24-08
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Atascadero City Council
Staff Report- Public Works Department
Community Development Block Grant Program
Fiscal Years 2009 through 2011
RECOMMENDATION:
Council authorize continued participation in the Urban County Community Development
Block Grant Program for Fiscal Years 2009 through 2011.
DISCUSSION:
Background: Beginning with the 1994/95 fiscal year, the City of Atascadero has
participated with the County of San Luis Obispo and other cities as part of the "urban
county" Community Development Block Grant (CDBG) program. Urban counties
receive annual, formula-based grants directly from the federal department of Housing
and Urban Development (HUD) under the CDBG, HOME Investment Partnerships
(HOME) and the Emergency Shelter Grants (ESG) programs. Cooperative agreements
between the participating jurisdictions established a formula allocating CDBG funds by
jurisdiction. The HOME and ESG funds are not formally divided up, but the cities
provided recommendations to the county on these programs.
On May 13, 2008 the County, pursuant to HUD regulations, notified the City of its right
to elect to continue to participate in the CDBG program by choosing from the following
options:
1. Join the urban county to receive CDBG allocations through the county.
2. Become a stand-alone CDBG entitlement jurisdiction to receive CDBG funds
directly from HUD.
3. Decline a formula CDBG allocation or entitlement and become an applicant to
the competitive State CDBG program.
Analysis: Staff has reviewed each of the three options available to the City. Staff
recommends continuation of the current CDBG allocation by participating as part of the
11urban county" program (Option 1). This option is preferred for the following reasons:
ITEM NUMBER: A-8
DATE: 6-24-08
1. Participation in the State CDBG program (Option 3) is competitive in nature and
there is no guarantee that the City would receive any CDBG funding from year to
year.
2. Becoming a stand-alone City would require the City to meet all of the HUD
regulations as a grant recipient, including preparation of a five-year plan, annual
allocation plan, preparation of various federally required reports, and other
administrative activities. This would require additional staff resources to be
allocated toward grant administration over and above those currently allocated.
3. The City would be able to obtain more CDBG funds through the State than the
"urban county" program, potentially securing $500,000 to $830,000 in a
competitive cycle. However, participation in the State program requires the City's
Housing Element of the General Plan to be State certified, and the current
element q
I ment does not meet these requirements.
4. The administration and distribution of HOME and other housing funds would
continue to be administered by the County. Although the City would be eligible
for more funding as part of the State's competitive process, it would be required
to administer the projects and activities for which funding was allocated.
5. Administration of the CDBG program is a highly regulated and technical process
and the County has staff that specializes in this area. Additional training and
participation in HUD activities would require additional staff resources.
6. The funding allocation the County uses for City allocations is identical to the
formula used by HUD if the City received a direct allocation. There may be some
additional increase in funding levels as a direct entitlement city; however, it would
be offset by the increases in administration required for direct participation.
Participation as part of the "urban county" allocation program would continue to provide
the City with annual allocation of CDBG funds and continue to limit the amount of time
required by the City for program administration which would increase with either of the
remaining options. Participation in the program is for a three- (3) year fiscal year cycle;
therefore the City will be able to re-evaluate its options prior to the next three-year
cycle.
Continued participation in the CDBG program with the County provides continued
allocation of CDBG funding to Atascadero while limiting the financial and administrative
resources necessary to participate in the program overall.
The current Agreement is automatically renewed unless the City notifies the County in
writing of our intent to terminate.
ITEM NUMBER: A-8
DATE: 6-24-08
FISCAL IMPACT:
Continued availability of approximately $190,000 annually during the next 3 years for
CDBG eligible programs.
ALTERNATIVES:
The Council may choose to participate as a stand-alone CDBG entitlement jurisdiction
or become an applicant to the competitive State program.
ITEM NUMBER: A-9
DATE: 6-24-08
Rill I ' V101
1918 m. 1979
Atascadero City Council
Staff Report— Public Works Department
2006/2007 Rehabilitation Project Award
(Del Rio/ San Jacinto Road)
City Bid No. 2008-006
RECOMMENDATIONS:
Council:
1. Authorize the City Manager to execute a contract with Union Asphalt, Inc. in the
amount of $708,714.39 for construction of the 2006/2007 Road Rehabilitation
Project; and,
2. Authorize the Public Works Director to intermittently close portions of Del Rio and
San Jacinto Road during the construction period.
DISCUSSION:
Background: The City Council previously authorized funding for the 2006/2007 Road
Rehabilitation Project. The 2006/2007 Road Rehabilitation Project specified the
drainage, road surface repair and related work to Del Rio Road from Obispo Road to
San Anselmo Road, and San Jacinto Avenue from EI Camino Real to Nogales Avenue.
Analysis: The 2006/2007 Road Rehabilitation Project was advertised from Monday,
May 29, 2007 through Tuesday, June 10, 2008. A total of seven (7) bids were received
for this project. The bids were reviewed for accuracy and compliance with the City of
Atascadero bidding requirements. Union Asphalt, Inc. is the apparent, qualified low-
bidder at $708,714.39. The City Council previously allocated Local Transportation
Funds and Proposition 1 B Funds for this project. Intermittent closures of portions of Del
Rio and San Jacinto Road during the construction period will be necessary.
Conclusion: Staff recommends that the City Council authorize the City Manager to
execute a contract with Union Asphalt, Inc. in the amount of $ $708,714.39 for
construction of the 2006/2007 Road Rehabilitation Project and recommends that the
Council authorize the Public Works Director to intermittently close portions of Del Rio
and San Jacinto Road during the construction period.
FISCAL IMPACT:
EXPENDITURES
Design $ 75,000.00
Construction 708,714.39
Inspection / Testing / Construction Administration @ 10% 70,870.00
Contingency 82,245.61
Total Estimated Expenditure: $ 936,830.00
REVENUE
Allocated Local Transportation Funds (LTF) $ 490,040.00
Proposition 1 B Funds 446,790.00
Total Allocated Revenue: $ 936,830.00
ALTERNATIVES:
1. Do not award the contract and cancel the project
2. Direct staff to redesign and re-bid the project.
ATTACHMENTS:
Bid Summary
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ITEM NUMBER: A-10
DATE: 6-24-08
0, 1F Nil
1979
Atascadero City Council
Staff Report- Public Works Department
Woodridge/Las Lomas Tract 2525, Phases I and II
Acceptance of the Offers of Dedication for Public Open Space No. 1,
No. 2 and No. 4. Certify Completion of and Begin Warranty Period for
Landscape and Reduce Bond Amounts for Public Improvements
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution A accepting the Public Improvements within the areas
proposed for Dedication of Public Open Space on Tract 2525, Phase I and reject
the improvements in the areas of dedication for maintenance.
2. Adopt Draft Resolution B accepting the Offer of Dedications for Public Open
Space No. 1, No. 2 and No. 4, in Fee Simple, on Tract 2525, Phase I.
3. Authorize the Public Works Director to reduce Tract 2525, Phases I and II Public
Improvement Bonds to reflect work completed and to accept Landscape
Improvements as complete and subject to a one-year warranty period.
4. Authorize the Public Works Director to accept the Paloma Creek Pedestrian
Bridge as complete and subject to a one-year warranty period.
DISCUSSION:
Background: On September 23, 2003 the City Council adopted the Woodlands Specific
Plan for the Woodridge project, located south of Halcon Road, north of Santa Barbara
Road and east of Viejo Camino Road. This Specific Plan provides a blueprint for
development of the area and open space improvements.
Among other features, this Specific Plan provides for dedication of 52.4 acres of open
space and trails. This open space is required to be dedicated to the public upon
completion of improvements for public use. Improvements have been underway this
past year and now 34.67 acres are ready for acceptance by the City Council on behalf
of the public. At the time of approval of the phased final maps (Tract 2525-1 and Tract
2525-II) the City Council rejected acceptance of the dedications until required
improvements were completed.
ITEM NUMBER: A- 10
DATE: 6-24-08
The required onsite tract improvements for the several residential areas that are part of
the Specific Plan blue print have not yet been completed are not a part of this
acceptance request. However, the improvements for three of five public open space
areas have been substantially completed and are now ready for acceptance.
The conditions of this development project include the construction of trails through an
oak woodland, landscaping, tree planting, construction of a pedestrian bridge across
Paloma Creek, and a tot lot.
The conditions also required the residents of this development to maintain these public
improvements in perpetuity. The Woodridge (Las Lomas) Landscaping and Lighting
Assessment District No. 02 (District) was established to cover the cost for the
maintenance and upkeep of the landscaping and public trail improvements.
The City of Atascadero will facilitate the maintenance management of the common area
landscaping, open space areas, trails, park facilities and other related improvements in
the District.
Analysis: Muni-Financial is the firm that was hired to create the District at Woodridge.
In consultation with Muni-Financial, it was determined that the property that is
maintained in the District must be held by the City in accordance with the legislation on
District formation. The method to achieve this is to accept the Offers of Dedication, in
fee simple and reject the maintenance of the improvements.
Staff held a meeting on February 13, 2008 with homeowners within the Specific Plan
area and explained the requirements and benefits of the Landscaping and Lighting
Assessment District and answered questions from the homeowners.
Maintenance of the public open space, by a private Landscape Contractor, will be
funded through the District.
Conclusion: The acceptance of the Offers of Dedication and rejection of maintenance of
the public open space improvements will allow the property owners of Woodridge to
fund the maintenance of the improvements through the Landscaping and Lighting
Assessment District No. 02.
FISCAL IMPACT:
The City will be responsible for approximately 25% of the maintenance costs of the
public open space. The actual cost will be computed annually during the assessment
period. The City's costs for the 2007-2008 (current year) are estimated to be $6,678.
ATTACHMENTS: Draft Resolution A
Draft Resolution B
I
ITEM NUMBER: A-10
DATE: 6-24-08
ITEM NUMBER: A- 10
DATE: 6-24-08
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS
TO ACCEPT THE PUBLIC IMPROVEMENTS WITHIN THE OPEN
SPACE AREAS OF THE WOODLANDS SPECIFIC PLAN
WHEREAS, the City Council approved the Woodlands Specific Plan on September 23,
2003 consisting of a plan for approximately 120 acres of residential, commercial, and open space
development; and,
WHEREAS, the City Council approved and adopted the Woodridge Landscaping and
Lighting District No. 2 on May 24, 2005, thereby establishing an assessment district for the purpose
of funding open space infrastructure and improvements, and,
WHEREAS, City staff has solicited bids for the ongoing maintenance of the public
improvements; and,
WHEREAS, the public improvements within the open space areas as defined in Exhibit A
attached hereto, have been substantially completed and may now be accepted for the benefit of the
public; and,
WHEREAS, the public improvements within the open space areas as defined in Exhibit A,
attached hereto, are subject to a one-year warranty period as defined in the Subdivision
Improvement Agreement; and,
WHEREAS, the City will retain ten percent (10%) of the posted bonds as collateral for
performance of any necessary repairs, during the one year warranty period.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of
Atascadero
SECTION 1. The City Council does hereby direct the Public Works Director to accept the
public improvements within the open space areas of the Woodlands Specific Plan,more particularly
described in Exhibit A attached hereto.
ITEM NUMBER: A- 10
DATE: 6-24-08
On motion by Council Member and seconded by Council
Member the foregoing Resolution is hereby adopted in its entirety
on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Mike Brennler, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
ITEM NUMBER: A- 10
DATE: 6-24-08
Exhibit A to Draft Resolution A
Open Space —Legal Description
Parcels OS-1, OS-2 and OS-4 of Tract No. 2525-1, in the City of Atascadero, County of
San Luis Obispo, State of California, according to the map reported March 25, 2005 in
Book 25 of Maps, Pages 83 to 92, in the Office of the County Recorder of said County.
ITEM NUMBER: A- 10
DATE: 6-24-08
Page 2, Exhibit A to Draft Resolution A
Graphic Depiction of Property
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ITEM NUMBER: A- 10
DATE: 6-24-08
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA,
ACCEPTING THE OFFERS OF DEDICATIONS
FOR PUBLIC OPEN SPACE ON TRACT 2525-I
IN FEE SIMPLE AND AUTHORIZING THE CITY MANAGER
TO EXECUTE GRANT DEEDS FOR RECORDATION
ON BEHALF OF THE PUBLIC
WHEREAS, the City Council approved the Woodlands Specific Plan on September 23,
2003 consisting of a plan for approximately 120 acres of residential, commercial, and open space
development; and,
WHEREAS, the Woodlands Specific Plan requires that certain parcels of land within the
development area be dedicated to public open space once public improvements within the open
space areas are completed; and,
WHEREAS, the public improvements within the open space areas as defined in Exhibit A
attached hereto, have been substantially completed and may now be accepted for the benefit of the
public; and,
WHEREAS, City staff is prepared to execute a landscaping contract for maintenance of the
public open space, and;
WHEREAS, a landscaping and lighting assessment district has been established to fund the
public open space; and,
WHEREAS, the Engineer's Estimate for maintenance costs allocates a cost of twenty-five
percent (25%) of the annual budget for maintenance and upkeep of the public open space area (as
defined in Exhibit A attached hereto)to the City; and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The City Council does hereby accept the Offers of Dedication for Public
Open Space in fee simple.
SECTION 2. The City Council does hereby direct the City Manager to execute Grant
Deeds, for fee simple title to the Public Open Space parcels as defined in Exhibit A attached hereto,
and cause the Grant Deeds to be recorded in the County Recorder's Office of San Luis Obispo
County.
ITEM NUMBER: A- 10
DATE: 6-24-08
SECTION 3. The City Council hereby authorizes the City Manager to execute an
agreement with Gilbert's Landscapes, Inc. for the maintenance and upkeep of the
landscaping, open space and trails in the Woodridge (Las Lomas) Landscaping and
Lighting District No. 02.
On motion by Council Member and seconded by Council
Member the foregoing Resolution is hereby adopted in its entirety
on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Mike Brennler, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
I
ITEM NUMBER: A- 10
DATE: 6-24-08
Exhibit A to Draft Resolution B
Open Space —Legal Description
Parcels OS-1, OS-2 and OS-4 of Tract No. 2525-1, in the City of Atascadero, County of
San Luis Obispo, State of California, according to the map reported March 25, 2005 in
Book 25 of Maps, Pages 83 to 92, in the Office of the County Recorder of said County.
ITEM NUMBER: A- 10
DATE: 6-24-08
Page 2, Exhibit A to Draft Resolution B
Graphic Depiction of Property
QTY OFATASCADERO
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ITEM NUMBER: A- 11
DATE: 6/24/08
1918 ". �� 19 79
C"
Atascadero City Council
Staff Report- Police Department and City Attorney
Ordinance to Amend City's Smoking Ordinance
to Include Prohibition of Smoking at Atascadero State Hospital
RECOMMENDATION:
Council adopt on second reading by title only, the Draft Ordinance adding Section 8 to
Title 6, Chapter 6 of the Atascadero Municipal Code providing for the prohibition of
smoking at the Atascadero State Hospital.
DISCUSSION:
In a letter dated March 14, 2008 (Attachment A), the Atascadero State Hospital
Executive Director requested that the City modify its smoking ordinance to include the
State Hospital property. On May 13, 2008, the City Council directed Staff to prepare an
ordinance responding to the request. The draft ordinance is attached hereto as
Attachment B.
Atascadero State Hospital is an all male patient, maximum security forensic facility,
designated as a psychiatric hospital. The hospital is asking for the modification at the
behest of the California Department of Mental Health. It is the Department of Mental
Health's intent to ban smoking in and out of doors at all of its State hospitals. Currently,
California Assembly Bill No 846, approved September 8, 2003, prohibits smoking in
public buildings that are state-owned, occupied, or leased. Included are passenger
vehicles owned by the State. Smoking is prohibited within 20 feet of main exits,
entrances, or operable windows of a public building.
Atascadero State Hospital had started the implementation process of a comprehensive
ban, but was informed by the State Department of Public Health that the Hospital could
not go forward with a ban that is more comprehensive than AB 846. However, the
Department of Mental Health has been successful in restricting smoking in the City of
San Jose where a local ordinance passed in 2007 provides for a ban in State facilities.
The Department is requesting that Atascadero adopt a similar ordinance.
I
On May 13, 2008, the City Council considered the hospital's request and directed Staff
to prepare the required amendment to the Municipal Code to respond to the request.
The amendment would add a new Section 6-6.08 to the Municipal Code, allowing the
Executive Director to prohibit smoking at the hospital:
The Executive Director of the Atascadero State Hospital may declare the
entire hospital, including indoor and outdoor areas, to be a nonsmoking
establishment, provided such declaration is consistent with any applicable
Federal and State laws and regulations. The Executive Director or his or
her designee shall have the primary responsibility for enforcement of this
Section at the hospital.
If implemented, Atascadero State Hospital Police under the control of the Executive
Director would be the primary agency for enforcement of the ordinance on hospital
rounds. The amendment specifically states that the prohibition on smoking at the
9 P Y p 9
hospital is subject to State and Federal laws and regulations.
FISCAL IMPACT:
None
ALTERNATIVES:
Take no action.
ATTACHMENTS:
Attachment A Letter dated March 14, 2008 to Chief Mulhall from Atascadero State
Hospital Executive Director Jon De Morales
Attachment B Draft Ordinance
PROPOSED SMOKING ORDINANCE LANGUAGE
Notwithstanding any other provision of law, any owner, operator, manager, or other
person who controls any establishment or facility may declare that entire establishment
or facility as a nonsmoking establishment. The terms "entire establishment or facility"
shall include a tract of land with buildings thereon and a building with its grounds,
including any State Hospital and its grounds.
I
Attachment A
C A L I F O R N I A D E P A R T M E n i y r
Mental
Atascadero State Hospital
P. O. Box 7001,Atascadero, CA 93423-7001
(805)468-2001 FAX: (805)466-6011
March 14, 2008 MAR 1 7 2008
Chief Jim Mulhall
Atascadero Chief of Police
5505 EI Camino Real
Atascadero, CA 93422
Dear Chief Mulhall:
Atascadero State Hospital (ASH), at the behest of the Department of Mental Health
(DMH), is requesting modification of the Atascadero City's Smoking Ordinance to include
the proposed language attached. It is DMH's intent to ban smoking in and out of doors
at all of its state hospitals.
Currently, the California Department of Corrections and Rehabilitation bans smoking at
all of its 33 facilities. Most county jails throughout the state also prohibit smoking. The
Department of Public Health (formerly Health Services), charged with enforcing health
regulations, will not allow state hospitals to ban smoking in its facilities. Regulations
require that long term care facilities, a category in which state hospitals are included,
provide designated smoking areas for the facility's residents.
In a case involving a long term care facility within the San Jose City limits, a superior
court ruled that the San Jose City ordinance on smoking trumped the Health Services'
regulation. The San Jose City ordinance is very similar to the language we are
proposing to modify the Atascadero City ordinance on smoking.
I respectfully request that Atascadero City Council consider modification of the
Atascadero City ordinance on smoking. If implemented, this will allow ASH to
successfully ban smoking throughout the facility. This ban on smoking would be
extremely beneficial to all non-smokers, staff and patients alike within the facility, as well
as improve the health of the smokers and reduce costs associated with housekeeping,
maintenance, supervision, and health care.
Sincerely,
� JON DE MORALES
Executive Director
J D/mc
Attachment
Attachment B
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADDING SECTION 8 TO TITLE 6,
CHAPTER 6 OF THE ATASCADERO MUNICIPAL CODE, PROVIDING
FOR THE PROHIBITION OF SMOKING AT THE
ATASCADERO STATE HOSPITAL
WHEREAS, the City of Atascadero has adopted a prohibition against smoking
(including but not limited to the smoking of tobacco and tobacco products) in designated public
places throughout the City; and,
WHEREAS, the Executive Director of the Atascadero State Hospital requested that the
City expand its smoking prohibition to all interior areas of the Atascadero State Hospital, and, at
the discretion of the Executive Director, exterior areas of the Atascadero State Hospital; and,
WHEREAS, the City recognizes that smoking tobacco, including the breathing of
sidestream or secondhand smoke,remains a proven danger to the health of human beings; and
WHEREAS, the City recognizes that the residents and employees of the Atascadero
State Hospital may be subjected to involuntary breathing of sidestream or secondhand smoke
while in that facility or on its grounds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings
The City Council hereby incorporates the foregoing recitals and in addition finds as
follows:
1. There may be Federal or State of California laws or regulations applicable to the
smoking of tobacco or other products in or on the grounds of the Atascadero State
Hospital.
2. The Executive Director of the Atascadero State Hospital is in the best position to
learn and interpret the laws and regulations applicable to the smoking of tobacco or
other products in or on the grounds of the Atascadero State Hospital.
3. Courts in the State of California have recognized that while there is no statewide ban
on smoking in mental health or correctional facilities, a municipal ordinance allowing
for the prohibition of smoking at a mental health or correctional facility will provide
for equal health benefits for the residents and employees of the facility as are
provided for the public at large.
LA#4837-1273-5746 v2
SECTION 2. Adoption. Section 6-6.08 (Prohibition at the Atascadero State Hospital) of
the Atascadero Municipal Code is added to read in whole as follows:
6-6.08 Prohibition at the Ataseadero State Hospital.
The Executive Director of the Atascadero State Hospital may declare the entire
hospital, including indoor and outdoor areas, to be a nonsmoking establishment,
provided such declaration is consistent with any applicable Federal and State laws
and regulations. The Executive Director or his or her designee shall have the
primary responsibility for enforcement of this Section at the hospital.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes, must be published twice: at least five (5) days prior to its final passage in the
Atascadero News or other newspaper of general circulation in the City of Atascadero, and before
the expiration of fifteen (15) days after its final passage in the Atascadero News or other
newspaper of general circulation in the City of Atascadero. A copy of the full text of this
ordinance must be on file in the City Clerk's Office on and after the date following introduction
and passage and must be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., Mike Brennler, Mayor
City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
Attachment B
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADDING SECTION 8 TO TITLE 6,
CHAPTER 6 OF THE ATASCADERO MUNICIPAL CODE, PROVIDING
FOR THE PROHIBITION OF SMOKING AT THE
ATASCADERO STATE HOSPITAL
WHEREAS, the City of Atascadero has adopted a prohibition against smoking
(including but not limited to the smoking of tobacco and tobacco products) in designated public
places throughout the City; and,
WHEREAS, the Executive Director of the Atascadero State Hospital requested that the
City expand its smoking prohibition to all interior areas of the Atascadero State Hospital, and, at
the discretion of the Executive Director, exterior areas of the Atascadero State Hospital; and,
WHEREAS, the City recognizes that smoking tobacco, including the breathing of
sidestream or secondhand smoke, remains a proven danger to the health of human beings; and
WHEREAS, the City recognizes that the residents and employees of the Atascadero
State Hospital may be subjected to involuntary breathing of sidestream or secondhand smoke
while in that facility or on its grounds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings
The City Council hereby incorporates the foregoing recitals and in addition finds as
follows:
1. There may be Federal or State of California laws or regulations applicable to the
smoking of tobacco or other products in or on the grounds of the Atascadero State
Hospital.
2. The Executive Director of the Atascadero State Hospital is in the best position to
learn and interpret the laws and regulations applicable to the smoking of tobacco or
other products in or on the grounds of the Atascadero State Hospital.
3. Courts in the State of California have recognized that while there is no statewide ban
on smoking in mental health or correctional facilities, a municipal ordinance allowing
for the prohibition of smoking at a mental health or correctional facility will provide
for equal health benefits for the residents and employees of the facility as are
provided for the public at large.
LA#4837-1273-5746 Q
SECTION 2. Adoption. Section 6-6.08 (Prohibition at the Atascadero State Hospital) of
the Atascadero Municipal Code is added to read in whole as follows:
6-6.08 Prohibition at the Atascadero State Hospital.
The Executive Director of the Atascadero State Hospital may declare the entire
hospital, including indoor and outdoor areas, to be a nonsmoking establishment,
provided such declaration is consistent with any applicable Federal and State laws
and regulations. The Executive Director or his or her designee shall have the
primary responsibility for enforcement of this Section at the hospital.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes, must be published twice: at least five (5) days prior to its final passage in the
Atascadero News or other newspaper of general circulation in the City of Atascadero, and before
the expiration of fifteen (15) days after its final passage in the Atascadero News or other
newspaper of general circulation in the City of Atascadero. A copy of the full text of this
ordinance must be on file in the City Clerk's Office on and after the date following introduction
and passage and must be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., Mike Brennler, Mayor
City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
I
ITEM NUMBER: B -1
DATE: 6-24-08
L
1918 IP. 1979 -7
\A�SCAn�1%
Atascadero City Council
Staff Report - City Clerk
Initiative Petition to Amend the General Plan and Zoning Code
RECOMMENDATIONS:
Council:
1. Receive the Certificate of Sufficiency from the City Clerk, certifying the Initiative
Petition to Amend the General Plan and Zoning Code to Prohibit Commercial
Establishments in Excess of 150,000 Square Feet of Gross Floor Area or Retail
Discount Stores in Excess of 90,000 Square Feet with at Least 5% of Gross
Floor Area Dedicated To Items Such As Groceries that was filed with the City
Clerk on May 8, 2008;
AND
2. Take one of the following actions:
a. Adopt the proposed Ordinance, without alteration, amending the General
Plan and Zoning Code to Prohibit Commercial Establishments in Excess
of 150,000 Square Feet of Gross Floor Area or Retail Discount Stores in
Excess of 90,000 Square Feet with at Least 5% of Gross Floor Area
Dedicated to Items Such as Groceries.
OR
b. Call for an election.
i. Submit the Ordinance, without alteration, to the voters by adopting
the Draft Resolution A, ordering the submission, to the qualified
electors of the City, of a certain measure relating to amending the
General Plan and Zoning Code, at the General Municipal Election
to be held on Tuesday, November 4, 2008, as called by Resolution
No. ; and,
ii. Adopt Draft Resolution B, setting priorities for filing written
arguments regarding a City measure and directing the City Attorney
to prepare an impartial analysis.
OR
c. Order a report on the impact the adoption of this ordinance would have on
the City. (Once the Council receives this report, the Council shall either
adopt the ordinance within 10 days or order an election.)
I
ITEM NUMBER: B -1
DATE: 6-24-08
DISCUSSION:
A proposed ordinance may be submitted to the City Council by a petition filed with the
City Clerk. This type of petition is called an initiative petition. Proponents of an initiative
petition must file a Notice of Intention to Circulate a Petition, and publish the Notice of
Intention in a newspaper of general circulation, and circulate the petition to acquire
signatures of registered voters.
The initiative petition must be signed by not less than 10 percent of the registered voters
of the City. The number of registered voters is determined by the San Luis Obispo
County Clerk/Recorder's last official report of registration to the Secretary of State. The
number of registered voters for the City of Atascadero, as per the last report of
registration to the Secretary of State, is 15,114. Therefore, an initiative petition would
need 1,511 (10%) valid signatures to be sufficient.
Proponents circulated the Initiative Petition to Amend the General Plan and Zoning
Code to Prohibit Commercial Establishments in Excess of 150,000 Square Feet of
Gross Floor Area or Retail Discount Stores in Excess of 90,000 Square Feet with at
Least 5% of Gross Floor Area Dedicated To Items Such As Groceries, and submitted it
to the City Clerk on May 8, 2008. The California Elections Code (CEC) requires that the
signatures be verified. The Petition contained an unofficial prima facie count of 2,218
signatures. The number of signatures reviewed was 1,971. The number of signatures
found to be insufficient was 375, and the number of signatures found to be sufficient
was 1,596.
The California Elections Code states that if the City Clerk finds the petition to be
sufficient, she shall certify the results to the City Council. The City Council is to accept
the Certificate of Sufficiency and take one of the following three actions:
1. Adopt the Ordinance (attached to this report), without alteration, at the regular
meeting at which the certification of the petition is presented, or within 10 days after
it is presented. The ordinance would go into effect 10 days from adoption.
2. Call for an election. Any election must be not less than 88 days after the call for an
election by the City Council, and must be scheduled on a Tuesday. The Council will
need to adopt a Resolution ordering the submission of a Ballot Measure to the
registered voters of the City on the November 4, 2008 ballot.
3. Order a report, at the regular meeting at which the certification of the petition is
presented, on the impact the adoption of this ordinance would have on the City.
When the report is presented to the legislative body, which must be no later than 30
days from Council's request for the report, the legislative body shall either adopt the
ordinance within 10 days or order an election.
If the City Council calls for an election, a ballot measure will be placed on the ballot,
asking the voters (approximate wording):
ITEM NUMBER: B - 1
DATE: 6-24-08
Should the City amend the General Plan and Zoning Code to Prohibit
Commercial Establishments in Excess of 150,000 Square Feet of Gross YES
Floor Area or Retail Discount Stores in Excess of 90,000 Square Feet with
at Least 5% of Gross Floor Area Dedicated To Items Such As Groceries NO
The summary of the proposed ordinance, prepared by the City Attorney in January
2008, and the full text of the proposed ordinance, would be included in the voter
pamphlet. These documents are attached to this report.
The City Council may direct the City Attorney to prepare an impartial analysis of the
measure, showing the effect of the measure on the existing law and the operation of the
measure. The impartial analysis would be printed preceding the arguments for and
against the measure in the voter pamphlet, and shall not exceed 500 words in length.
The persons filing an initiative petition may file a written argument in favor of the
ordinance, and the legislative body may submit an argument against the ordinance.
Also, any registered voter may file with the City Clerk written arguments in opposition or
in favor of the ballot measure. Arguments shall not exceed 300 words in length. These
arguments would be included in the voter pamphlet. If more than one argument in
favor is filed, or more than one argument opposed is filed, the City Clerk will select one
of each to be included in the Voter Pamphlet, as directed in the California Election Code
Section 9287.
The City Clerk has fixed July 8, 2008 as the last day for submitting arguments for and
against the ballot measure, and the impartial analysis by the City Attorney. This will
allow ample time for the 10-calendar-day public examination period, translation,
typesetting, printing and submission to the County. A notice of this deadline will be
posted on the front window of City Hall.
Rebuttal arguments may be filed by the authors of the selected arguments in favor
and/or opposed as approved in Atascadero City Council Resolution No. 2002-028. The
City Clerk has fixed July 22, 2008 as the deadline for the filing of rebuttal arguments.
Except for the written arguments, the City must remain neutral concerning this issue
until after the election. Public funds must not be used to advocate for or against the
ballot measure.
FISCAL IMPACT:
The cost to the City is determined by the number of registered voters on Election Day,
and the number of pages used in the Voter Pamphlet for the Ballot Measure text,
impartial analysis and arguments. The City Clerk's estimate is $2,000.00.
ALTERNATIVES:
The Council must take one of the actions recommended.
I
ITEM NUMBER: B - 1
DATE: 6-24-08
ATTACHMENTS:
1. Certificate of Sufficiency
2. Proposed Ordinance
3. Draft Resolution A
4. Draft Resolution B
5. Resolution No. 2002-028
6. Ballot Summary
I
181 'e7 CERTIFICATE OF SUFFICIENCY
INITIATIVE PETITION TO AMEND THE GENERAL PLAN
AND ZONING CODE TO PROHIBIT COMMERCIAL ESTABLISHMENTS
IN EXCESS OF 150,000 SQUARE FEET OF GROSS FLOOR AREA OR
RETAIL DISCOUNT STORES IN EXCESS OF 90,000 SQUARE FEET
WITH AT LEAST 5% OF GROSS FLOOR AREA DEDICATED TO
ITEMS SUCH AS GROCERIES
I, MARCIA MCCLURE TORGERSON, C.M.C., City Clerk of the City of Atascadero
hereby certify that:
1. An Initiative Petition to Amend the General Plan and Zoning Code to Prohibit
Commercial Establishments in Excess of 150,000 Square Feet of Gross Floor
Area or Retail Discount Stores in Excess of 90,000 Square Feet with at Least
5% of Gross Floor Area Dedicated To Items Such As Groceries was filed with
my office on December 31, 2007; and,
2. Said petition consists of 292 sections with an unofficial prima facie count of
2,218 signatures; and,
3. Each petition section contains signatures purporting to be the signatures of
qualified electors of this City; and,
4. Each petition section contains a Declaration of Circulator purporting to be the
declaration of the person who solicited the signatures, and containing the
dates between which the purported qualified electors signed this petition; and,
5. The declarant stated that he or she had solicited the signatures upon that
section, and that all of the signatures were made in his or her presence, and
that to the best of his or her knowledge and belief, each signature to that
section was the genuine signature of the person whose name it purports to
be; and,
6. After the proponent filed this petition, the signatures were verified pursuant to
Elections Code Section 9115 by examining the records of registration in this
County, current and in effect at the respective purported dates of such
signing, to determine what number of qualified electors signed the petition,
and from that examination I have determined the following facts regarding this
petition:
a. Number of unverified signatures filed by the proponent 2,218
b. Number of signatures reviewed per Election Code Section 9115 1,971
c. Number of signatures found SUFFICIENT 1,596
d. Number of signatures found INSUFFICIENT 375
In accordance with Elections Code Section 2187, it has been determined that the
County Clerk's last official report of registration to the Secretary of State was 15,114
registered voters and that 10% of said registration would require 1,511 valid signatures
to qualify the initiative petition.
THEREFORE, I hereby find this Initiative Petition to be sufficient.
Y &4/1, m E�&_, � - ) � `,D�
Marcia McClure Torgerson, C.M.C., ity Clerk DATE
DRAFT RESOLUTION A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ORDERING THE SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY, A CERTAIN MEASURE
RELATING TO AMENDING THE GENERAL PLAN AND ZONING
CODE, AT THE GENERAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 2008, AS CALLED BY RESOLUTION NO.
WHEREAS, a General Municipal Election on Tuesday, November 4, 2008 has been
called by Resolution No. , adopted on June 24, 2008, and
WHEREAS, pursuant to authority provided by statute a petition has been filed with the
legislative body of the City of Atascadero, California, signed by more than 10 per cent of the
number of registered voters of the city to submit a proposed ordinance relating amending the
General Plan and Zoning Code; and
WHEREAS, the City Clerk examined the records of registration and ascertained that the
petition is signed by the requisite number of voters, and has so certified; and
WHEREAS, the City Council has not voted in favor of the adoption of the ordinance;
and
WHEREAS, the City Council is authorized and directed by statute to submit the
proposed ordinance to the voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following question:
Should the City amend the General Plan and Zoning Code to Prohibit YES
Commercial Establishments in Excess of 150,000 Square Feet of Gross
Floor Area or Retail Discount Stores in Excess of 90,000 Square Feet with
at Least 5% of Gross Floor Area Dedicated To Items Such As Groceries.
NO
SECTION 2. That the proposed measure submitted to the voters is attached as Exhibit
A.
City of Atascadero
Draft Resolution A
Page 2
SECTION 3. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 4. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
On motion by and seconded by the foregoing
Resolution is hereby adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., City Clerk Mike Brennler, Mayor
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
Ballot Title and Summary
1. Ballot title:
An initiative to amend the General Plan and Zoning Code to prohibit commercial establishments
in excess of 150,000 square feet of gross floor area or retail discount stores in excess of 90,000
square feet with at least 5% of gross floor area dedicated to items such as groceries.
2. Summary:
The proposed initiative measure would amend the City of Atascadero's General Plan and
Zoning Code to prohibit commercial establishments in excess of 150,000 square feet of gross
floor area or retail discount stores in excess of 90,000 square feet with at least 5% of gross floor
area dedicated to areas such as groceries. Specifically, the measure would prohibit"big box
commercial structures" in all zoning districts of the City. The measure defines these"big box"
structures as individual commercial establishments in excess of 150,000 square feet of gross
floor area, including areas such as an outdoor merchandising display, garden supplies, and snack
bars, but not including a loading area. For the purpose determining if an establishment exceeds
the 150,000 square feet threshold, all establishments within 300 yards that share ownership
interest, management, storage areas or common entrances or checkouts will be considered a
single commercial establishment. The measure also prohibits "discount superstores" in all zoning
districts of the city. The measure defines these "discount superstores" as retail discount stores in
excess of 90,000 square feet with at least of 5%of gross floor area dedicated to non-taxable
goods, such as groceries. The measure exempts wholesale clubs or other establishments selling
primarily bulk merchandise and charging membership dues or otherwise restricting sales to
customers paying a periodic assessment or fee.
The measure proposes that there be an amendment of the City's General Plan and Zoning
Code. The City Council would then be directed to take all actions necessary to implement these
changes. The measure would not apply to development projects which had obtained a vested
right, as defined by the measure, as of the effective date of the measure.
The measure provides that once enacted, its changes may only be amended or repealed by
a vote of the electorate. The measure provides severability language that if any part of the
measure is found invalid, it shall not affect other provisions of the measure.
The measure states that if qualified it will be submitted to a vote of the people at a special
election. The initiative will take affect 10 days after certification of the election in which it is
approved by the electorate.
LA#4840-6876-3906 v I
Ballot Title and Summary
1. Ballot title:
An initiative to amend the General Plan and Zoning Code to prohibit commercial establishments
in excess of 150,000 square feet of gross floor area or retail discount stores in excess of 90,000
square feet with at least 5% of gross floor area dedicated to items such as groceries.
2. Summary:
The proposed initiative measure would amend the City of Atascadero's General Plan and
Zoning Code to prohibit commercial establishments in excess of 150,000 square feet of gross
floor area or retail discount stores in excess of 90,000 square feet with at least 5% of gross floor
area dedicated to areas such as groceries. Specifically, the measure would prohibit "big box
commercial structures" in all zoning districts of the City. The measure defines these"big box"
structures as individual commercial establishments in excess of 150,000 square feet of gross
floor area, including areas such as an outdoor merchandising display, garden supplies, and snack
bars, but not including a loading area. For the purpose determining if an establishment exceeds
the 150,000 square feet threshold, all establishments within 300 yards that share ownership
interest, management, storage areas or common entrances or checkouts will be considered a
single commercial establishment. The measure also prohibits "discount superstores"in all zoning
districts of the city. The measure defines these "discount superstores" as retail discount stores in
excess of 90,000 square feet with at least of 5%of gross floor area dedicated to non-taxable
goods, such as groceries. The measure exempts wholesale clubs or other establishments selling
primarily bulk merchandise and charging membership dues or otherwise restricting sales to
customers paying a periodic assessment or fee.
The measure proposes that there be an amendment of the City's General Plan and Zoning
Code. The City Council would then be directed to take all actions necessary to implement these
changes. The measure would not apply to development projects which had obtained a vested
right, as defined by the measure, as of the effective date of the measure.
The measure provides that once enacted, its changes may only be amended or repealed by
a vote of the electorate. The measure provides severability language that if any part of the
measure is found invalid, it shall not affect other provisions of the measure.
The measure states that if qualified it will be submitted to a vote of the people at a special
election. The initiative will take affect 10 days after certification of the election in which it is
approved by the electorate.
LA 114840-6876-3906 v I
I
CITY MEASURE
ATASCADERO SHIELD INITIATIVE: TAXPAYERS'INITIATIVE ORDINANCE TO
REDUCE COSTLY EFFECTS OF HIGH INTENSITY URBAN DEVELOPMENT BY
PRESERVING ATASCADERO'S UNIQUE SMALL TOWN CHARACTER
THE PEOPLE OF THE CITY OF ATASCADERO, STATE OF CALIFORNIA, DO ORDAIN
AS FOLLOWS
Section 1. Statement of Purposes and Intent.
The purposes and intent of this measure are to:
• Guarantee the right of Atascadero's citizens to determine Atascadero's future growth and
quality of life.
• Ensure the long-term economic viability of neighborhood commercial centers
in the city, especially along El Camino.
• Prevent the deterioration of existing commercial areas and associated blighting and cost
to the public.
• Prevent concentration of traffic and associated air quality impacts.
Reduce traffic congestion and air pollution.
• Protect the rural small-town character of this unique city of the Central Coast.
• Ensure the retention of the historic Colony Landscape pattern, unique small-town rural
character.
• Preserve the vitality of older neighborhoods.
• Ensure the region's welfare and prevent the adverse impacts of L.A. style urbanization.
Section 2.Findings.
a. Atascadero's quality of life is threatened by changes to the unique small town atmosphere from
large scale commercial development that results in:
I. Deterioration of existing commercial areas and associated blighting.
2. Concentration of traffic resulting in decreased levels of service and increased air
pollution.
3. Higher taxes and utility rates to subsidize growth;
4. Increased air, water,and noise pollution;
5. Crowding, congestion and increased crime; and
6. Inadequacy of services and facilities.
b. The public health, safety,and general welfare will be promoted by the adoption
of this measure.
Section 3. Definitions.
For purposes of this measure,the following words and phrases shall have the following
meanings:
a. "Effective date"shall mean the date on which this Initiative measure was adopted by the
City Council of the City of Atascadero or the date on which it was passed by the voters at
the polls,whichever occurs first.
b, "Big box commercial structure" means an individual retail commercial establishment
with more than 150,000 square feet of gross floor area. The "gross floor area," of such a
store includes outdoor storage areas,any outdoor area providing services, such as, but not
limited to, outdoor merchandising display, garden supplies,plant display, snack bars,etc.
"Gross floor area,"however,does not include loading area. For the purpose of
determining the applicability of the 150,000 square feet maximum,the aggregate square
footage of all adjacent stores within 300 yards which may share either a series of
checkout stands, management areas, storage area,common entrances,or a controlling
ownership interest, shall be considered a single commercial establishment(for example, a
plant nursery associated with a general merchandise store or home improvement store,or
a discount department store associated with a grocery store).
c. "Discount superstore"shall mean a retail discount store in excess of 90,000 square feet
with at least 5%of gross floor area dedicated to non-taxable goods such as groceries.
Wholesale clubs or other establishments selling primarily bulk merchandise and charging
membership dues or otherwise restricting sales to customers paying a periodic assessment
or fee shall be excluded from this definition.
Section 4.Big Box Commercial Structures.
Big box commercial structures shall be prohibited in all zoning districts in the city.
Section 5. Discount Superstores.
Discount Superstores shall be prohibited in all zoning districts within the city.
Section 6.Required Public Actions.
The City's General Plan and Zoning Code shall be amended in the manner required by law to
conform with these provisions. To the extent that any policy or provision of this Ordinance is not
self-executing,the City Council shall promptly enact such regulations and ordinances as may be
necessary to carry out the directives and intent hereof. The City Council and all City agencies,
boards,and commissions, are hereby directed to take any and all actions necessary to carry out
this Initiative measure, including but not limited to, adoption and implementation of any
amendments to the City General Plan,Zoning Ordinance,and City Code. This measure shall be
implemented forthwith as a matter of the highest priority to the City.
Section 7.Public Health Safety and Welfare.
These provisions are minimum requirements for the promotion of the public health,safety and
general welfare.
Section 8.Guidelines.
The City Council may adopt guidelines to implement and interpret this Initiative measure
following public notice and public hearing, provided that any such guidelines shall be consistent
with the provisions and intent of this measure. Any such guidelines must be adopted by two-
thirds'vote of the City Council.
Section 9.Exemptions for Certain Projects.
This measure shall apply to all properties and projects covered by its terms, except it shall not
apply to any development project which has obtained a vested right as of the effective date of
this measure. For purposes of this measure,a"vested right"shall have been obtained only if each
and all of the following criteria are met:
a. The proposed project has received a building permit or its final discretionary approval;
b. Substantial expenditures have been incurred in good faith reliance on the permit
or final discretionary approval; and
c. Substantial construction has been performed in good faith reliance on the permit
or final discretionary approval.
The "substantiality" of expenditures incurred and of construction performed and the question of
whether or not such expenditures and construction were in"good faith" are questions of fact to
be determined on a case by case basis by the City Council following application by the developer
and notice and public hearing. Actions taken by a developer to speed up or expedite a
development project with knowledge of the pendency of this measure shall not be deemed to be
in "good faith" and shall not qualify for vested rights. Phased projects shall be considered for
exemption on a phase by phase basis to the extent permitted by California law.
Section 10.Amendment and Repeal.
This Ordinance may be amended or repealed only by a vote of the people.
Section 11. Severability.
If any section,subsection,sentence,clause,phrase,part or portion of this measure is for any
reason held to be invalid or unconstitutional by a final judgment of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this measure.
It is hereby declared that this measure and each section, subsection,sentence,clause,phrase,part
or portion thereof would have been adopted or passed irrespective of the fact that any one or
more sections, subsections,sentences,clauses,phrases,parts or portions be declared invalid or
unconstitutional.
Section 12.
If qualified,this Initiative shall be submitted to a vote of the people at a special election.
ITEM NUMBER: c - 1
DATE: 6-24-08
will
iafa i71
Atascadero City Council
Staff Report - City Manager's Office
Ordinance Amending Title 2, Chapter 1, Section 2-1.15 of the
Atascadero Municipal Code, pertaining to Voluntary Abstentions
(This Ordinance, if adopted, would clarify the interpretation
of an abstention vote.)
RECOMMENDATION:
Council introduce for first reading, by title only, the Draft Ordinance amending Title 2,
Chapter 1, Section 2-1.15 of the Atascadero Municipal Code pertaining to voluntary
abstentions.
DISCUSSION:
Atascadero Municipal Code section 2-1 .15 presently provides:
"Unless a Councilmember states that he or she is not voting because of a conflict
of interest, his or her silence shall be recorded as an affirmative vote."
Section 2-1.15 could be susceptible to legal challenge due to the lack of a reasonable
basis supporting the rule. As such, we recommend that the City consider amending the
provision to make it more consistent with the Affirmative Majority Rule.
The "traditional rule" in California, which follows Roberts Rules of Order, treats voluntary
abstentions as non-votes. A second, and the recommended, alternative which we have
labeled the "Affirmative Majority Rule," would preserve the primary advantage of the
City's existing regulation in terms of preventing a "stalemate" vote. This rule counts
voluntary abstentions as an affirmative vote only where such vote is needed in order for
the legislative body to take action. Otherwise, the traditional rule would apply. The third
alternative is to follow the "common law rule," which provides that voluntary abstentions
are considered to be acquiescence to the majority vote and are therefore recorded as a
concurrence with the majority. Section 2-1.15, which provides that voluntary abstentions
ITEM NUMBER: C - 1
DATE: 6-24-08
are always counted as affirmative votes, does not fall squarely within any of these three
rules.
Consistent with their authorization under state law to adopt procedural rules, some local
legislative bodies have enacted what may be deemed an "Affirmative Majority Rule."
Such rule essentially provides that rather than not being counted, or always being
counted with the majority, an abstention may be counted with the majority or to create a
majority for the purposes of taking action where without the vote the agency would
otherwise not be able to conduct business.
Such a local abstention rule was considered in Dry Creek Valley Assn., Inc. v. Board of
Supervisors (1977) 67 Cal.App.3d 839. There the court upheld a local rule of the
Sonoma County Board of Supervisors that provided that if one less than the necessary
number of "aye" votes had been cast, then an abstention would constitute concurrence
with the "aye" votes.
The adoption of an ordinance similar to the one in the Dry Creek case would be useful
in situations where an abstention makes the difference in whether or not the City
Council can take action on a matter. Such an ordinance would likely be upheld because
of its similarity to the local rule in the Dry Creek case, and the fact that Government
Code section 36813 authorizes the City Council to adopt local rules concerning City
Council proceedings. Consequently, we recommend that the City amend ordinance 2-
1.15 in conformance with the Affirmative Majority Rule.
FISCAL IMPACT:
None.
ALTERNATIVE:
Take no action.
ATTACHMENTS:
Draft Ordinance
1
DRAFT ORDINANCE
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 2,
CHAPTER 1, SECTION 2-1.15 OF THE ATASCADERO MUNICIPAL
CODE PERTAINING TO VOLUNTARY ABSTENTIONS
WHEREAS, California Government Code section 36813 authorizes a city council to
establish rules for the conduct of its proceedings; and
WHEREAS, Title 2, Chapter 1 of the Atascadero Municipal Code sets forth the City
Council's procedural rules; and,
WHEREAS, Atascadero Municipal Code section 2-1.15 provides presently that"[u]nless
a Councilmember states that he or she is not voting because of a conflict of interest, his or her
silence shall be recorded as an affirmative vote;" and,
WHEREAS, the "traditional rule" in California, which follows Roberts Rules of Order,
treats voluntary abstentions as non-votes; and,
WHEREAS, the City would like to adopt a new voluntary abstention policy that is an
alternative to not counting abstentions or counting them with the majority in all instances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES
ORDAIN AS FOLLOWS:
SECTION ONE. Findings. The City Council hereby incorporates the foregoing recitals and
findings.
SECTION TWO. Adoption. The City Council of the City of Atascadero hereby amends
Section 2-1.15 of Title 2, Chapter I of the Municipal Code as follows:
Section 2-1.15 Voluntary Abstentions.
(a) If a Member of the City Council, Planning Commission or Parks and Recreation
Commission states he or she has a conflict of interest, the Member must declare the
conflict prior to consideration of the item and leave the dais and also leave the room
(unless allowed to remain in the room due to a personal interest) and abstain from
participating in the item and from voting and the abstention will be treated as non-
vote.
(b) In all situations other than as provided in subsection (a), the abstention will be treated
as follows:
I
(1) In the event that one less than the necessary number of`aye' votes has been cast,
then an abstention will constitute concurrence with the affirmative votes, and the
minutes will reflect such concurrence and that the matter was passed pursuant to this
rule.
(2) An abstention in all situations other than described in subsection (a) will be
recorded in the minutes as an abstention and treated as a non-vote.
(3) Failure to vote when in attendance at a meeting by silence or otherwise will be
treated as an abstention.
SECTION THREE. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes, must be published twice: at least five (5) days prior to its final passage in the
Atascadero News a er newspap p Y published and circulated in the Cit of Atascadero and before
the expiration of fifteen (15) days after its final passage, in the Atascadero News. A copy of the
full text of this ordinance must be on file in the City Clerk's Office on and after the date
following introduction and passage and must be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., Mike Brennler, Mayor
City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
I
ITEM NUMBER: C -2
DATE: 06/24/08
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Atascadero City Council
Staff Report - City Manager's Office
Update on City Council Strategic Planning Goals
RECOMMENDATION:
Council provide direction on the progress and status of the City Council's strategic
planning goals.
DISCUSSION:
At the strategic planning meeting of February 23-24, 2007, the City Council adopted six
major goals. The goals were last revisited at the January 8, 2008 City Council meeting.
This report outlines the progress being made relative to each of these goals during the
past six months. The six goals are:
1. Improving City's Economic Base
2. Continue Emphasis on Roads
3. Repair City Hall
4. Enhance Public Safety
5. Campaign Reform
6. Natural Resources Program
Improving the City's Economic Base
Enhancing the City's economic base to ensure adequate revenues for services remains
a top priority for the City Council. Staff has accomplished the following:
• Continued revitalization of the Vons shopping center by working with Rite Aid to
build a stand alone, new Rite Aid at the corner of 41/101 . The existing Rite Aid will
be remodeled for an additional 20,000 square feet of retail space. The project has
received approval from the Planning Commission and plans are expected soon. The
Lube n' Go Oil Change has opened.
I
• In April the City Council hired Applied Development Economics to update the City's
economic development strategy. Staff is working closely with the consultants to get
the process started. A household survey is being sent out and interviews have
taken place with business leaders and members of the community selected by each
member of the City Council. A focus group meeting with the public in attendance is
being held on June 26, 2008 to conduct a Strengths, Weaknesses, Opportunities
and Threats (SWOT) analysis. Three focus groups with industry sectors will be held
the following day. The project is in its first phase, data gathering and analysis.
• Successfully promoted and supported infill development including the following:
o Home Depot Center (working with developer to locate a hotel and restaurant
on the site)
o Mission Oaks (working to obtain a final tenant)
o Colony Square (project is moving forward, working with developer to obtain
construction loan, additional equity and to reduce costs)
o Downtown business district improvements
• Staff continued the "Just Listening" campaign. Workshops were held to discuss the
status of downtown and the redevelopment agency. The workshops were well
attended.
• Staff interviewed several downtown business owners to better understand what can
be done by both the private and public sector to help downtown. In addition to
interviews, preplanning services are being conducted to prepare for the
redevelopment of several downtown buildings, a downtown building inventory is
being created and the "Open for Business" sign campaign is being expanded.
• The wayfinding program consisting of identification and directional signs in the
downtown that will be constructed with the downtown streetscape enhancements.
• Several new hotels and business projects have been completed or are nearing
completion.
• Working to retain and attract new businesses to the community, particularly in the
downtown area. Staff has made contacts with specialty stores, restaurants, RV
dealers, manufactured home dealers and others.
• Working with the Buxton Company to update the previous data and create an
interactive business location tool that will provide up to date market analysis and
information.
• Working on a Tourism Study as part of a regional effort with the Economic Vitality
Corporation.
During the next several months staff will continue to work on several high priority
economic development projects in an effort to broaden the City's tax base and increase
sales and hotel taxes.
Continue Emphasis on Roads
Updated progress on the Atascadero Road Program between January and June of
2008 is as follows:
• The design is complete and we have received bids on the following roads:
■ San Jacinto Road — EI Camino Real to Nogales Ave
■ Del Rio Road — Obispo Road to San Anselmo Road
• The following roads were paved by contractors:
■ Atascadero Ave Repair— San Diego Road to San Rafael Road
■ Mountain View Drive - Portola Road to Santa Rosa Road
• Public Works operations staff is currently working on major road patching and
repair. 225 tons of asphalt has been applied at various locations throughout
Atascadero. Public Works Streets Division staff has concentrated on neglected
sections of local roads and on road sections with time intensive pot-hole
problems.
• Staff will be repaving Dolores Ave from San Jacinto to San Anselmo in the fall of
2008.
• The City will be spending $400,000 on pavement preservation projects in the
summer of 2008. This preventative maintenance work will include slurry seals,
chip seal and other covering to extend the life of road recently paved. Road to be
included the following:
Santa Ysabel SR 41 Curbaril
Atascadero Avenue 11165 Atas. 11105 Atas.
Ave Ave
Portola Ardilla 7455 Portola
Curbaril ECR Sycamore
Sycamore Curbaril Capistrano
Graves Creek Monterey Rd. San Fernando
• Staff is working on the design of Balboa Road access and will be bringing a
report to the City Council on July 8th. We will be using $100,000 from the 5-year
road maintenance program to complete this work.
• The design of the repaving of San Andres Avenue from Santa Lucia Road to
Morro Road has begun and the work will be completed in the summer of 2009.
• City Staff continues to follow the Action Plan to minimize the impact of the
construction of the 101/41 Interchange Project. Progress goes well.
Repair City Hall
The repair and rehabilitation of our historic City Hall remains a priority, as it is the center
of Atascadero's downtown. The process or repairing and restoring the historic City Hall
is moving forward. Specifically, staff:
• Submitted the first level appeal to the state Office of Emergency Services (OES)
on February 1, 2008. The appeal seeks to get additional funding in several
categories to the restoration of City Hall.
• An all-hands meeting consisting of senior officials from OES, the Federal
Emergency Management Agency (FEMA), staff from Congressman McCarthy's
office, City consultants, and City staff members was conducted on April 18. The
meeting was a success in communicating several of the City's concerns and
included a tour of the building. The officials were able to see a large extent of the
damage and the complexity of the repair issues.
• FEMA has hired a technical engineering consultant to review the appeal. The
consultant has begun to request additional information from the City, and staff is
responding as promptly as possible.
• The California Cultural and Historical Endowment (CCHE) grant was fully
secured with an additional $6.5 million appropriation by the Redevelopment
Agency.
• Staff will be presenting a request for an award of contract for Architecture and
Engineering services in the next couple of months. These services will include
design development and the creation of construction documents, which will take
approximately nine months. Construction is still estimated to take approximately
22 months.
• Architects are in the preliminary stages of programming for the historic building.
In this process, staff and the architects will work carefully to design the most
effective and economical layout of the building with the long-term efficiency in
mind.
Enhance Public Safety
Public safety remains an important goal and the Police and Fire Departments continue
to make significant progress on making Atascadero safer.
To date, staff has completed the following:
• Recruitment and retention of qualified staff remains a high priority for the Police
Department. A comprehensive training plan has been put in place to ensure that
the career goals of employees are identified. The goals are tied to training and
development opportunities.
• The Police Department continues to aggressively pursue top candidates for
Police Officer positions. The department is not currently at full staffing.
• Public education remains a key component to the Police Department's outreach
goal. Staff has participated in a number of programs including National Night Out,
Cops and Kids Day, and static displays at the schools and public events.
• Car-seat clinics are being conducted to continue to ensure the safety of young
children.
• The Internet Safety Program specifically dealing with "My Space" access has
been well received by concerned parents.
• The Police Department continues to foster its relationship with the Chamber of
Commerce, Main Street, and other City departments.
• The Fire, Police and Public Works Departments continue to monitor the
comprehensive traffic plan related to the Hwy 41/101 project. The plan's focus is
to maintain effective traffic flow while protecting neighborhoods and ensuring
safety.
• The Police Department is building increased ties to the business community by
officer participation at business events, mixers, and meetings.
• The Police Department has begun a pilot program to develop relationships with
downtown businesses. In connection with this program, staff has been monitoring
the Sunken Gardens to ensure it remains a safe and enjoyable location for all.
• A Task Force has been formed between the Police Department, the Atascadero
School District Office, Atascadero High School, Atascadero Junior High School
and the continuation schools to develop a comprehensive and proactive
approach to resolving student issues and concerns in the downtown area.
• The Police Department has aggressively investigated numerous cases resulting
in arrests and prosecutions.
• The new Police, Fire & Public Works radio system is complete. The City's radio
infrastructure consists of three mountain top radio systems which are linked via a
microwave system.
• The Fire Department worked with Pierce Manufacturing to specify, design and
build a ladder truck specifically for Atascadero. The City took delivery in May;
outfitting and training have been ongoing since the trucks arrival. The first ever
"AFD Truck Academy" took place May 27th through the 30th.
• Three Reserve Firefighters graduated from the Cuesta College Central Coast
Paramedic Program. An additional Reserve Firefighter is enrolled in the fall 2008
program.
• Six Seasonal Firefighters were hired in May to assist with the upcoming fire
season. These firefighters augment staffing throughout the season and are laid
off in fall when it rains.
• Fire staff spent considerable time specifying a replacement wildland fire engine
this past winter. Staff expects to bring the purchase to Council in July or August.
Campaign Reform
The City Council selected Campaign Reform as one of their top priorities at their
strategic planning session in February 2007. They included Council Norms, ethics
training, campaign finance reform, election campaign behavior, and election signs in
this category. A few members of the public stressed that campaign finance reform
should be adopted immediately.
Staff conducted research on this issue and concluded that campaign finance reform is
just the tip of the iceberg. Other cities that had only adopted a campaign finance
contribution limit ordinance, without addressing other Council and campaign issues,
have found the results less than successful. Staff held an Educational Forum on
Campaign Reform in September 2007 with three experts in the field of campaign reform
speaking on the issue and answering questions. This Forum confirmed Atascadero's
need to address all facets of campaign reform.
In November 2007, the City Council gave staff direction to work with Council Members
Beraud and O'Malley to develop a Community Ethics/ Campaign Reform Program. This
committee decided to hire one of the experts from the Educational Forum, Dr. Tom
Shanks, to facilitate a Building Public Trust Program, beginning in April 2008 (delayed
from January due to illness of the facilitator). The goals of the committee are:
1. Build Public Trust with the Council and the community.
2. Create an environment for the best community leaders to be elected.
3. Improve community relationships.
Two workshops have been held with the full City Council. The committee is proceeding
to conduct three election related forums for the November 2008 election. The first forum
will be designed to provide information about the nuts and bolts of running for a City
Council seat. The remaining two forums will be candidate opportunities to address
issues facing the City. The City Attorney is preparing a report for the July City Council
meeting to provide a foundation to discuss Campaign Finance Reform.
Natural Resources Program
Staff has been working on three major projects to implement the City Council's Natural
Resources Program: (1) Native Tree Planting; (2) Hiring of a staff Arborist Consultant;
and (3) Hiring of a staff Biologist Consultant.
The Native Tree Planting Program:
• Thomas Gaman (Registered Forester of East-West Forestry Associates) has
been contracted to assist staff in implementation of the Native Tree Planting
Program. Mr. Gaman's experience with the City's Native Tree and Biological GIS
Mapping Inventory has been applied to selecting appropriate sites for re-
vegetation of native trees throughout the City.
• Staff has organized a task group consisting of Mr. Gaman, members of the
Atascadero Native Tree Association (ANTA), and Community Development staff
to identify planting methods and sites that will ensure the highest level of success
with minimal start-up and maintenance costs.
• To date over 400 native trees have been planted at the Heilmann Grove and
Atascadero Creek Reservations. The plantings were installed by the California
Conservation Corps and are being monitored by public works staff. A water
contract with KCI Environmental has been issued for planting areas that could
not be irrigated automatically.
E l INS.R
a_
4
Consultant Tom Gaman and ANTA member Joan O'Keefe
inspecting a Valley Oak replanting at Heilmann Grove in May
2008.
I a INII, x
f
N4
CCC crew member watering a newly planted oak seedling. Each tree is installed with a deer browse
protection fence and an underground gopher protection "basket."
Oak tree replanting area along Atascadero Creek.
• Staff is now working on the fall planting program. On October 25, 2008, the City
and ANTA will host an oak "Seedling Giveaway Program" in conjunction with the
Day of the Oak. Over 2000 local acorns have been collected and shipped to a
CFD nursery for propagation. These seedlings will be given away to local
residents to enhance regeneration of native Blue Oaks and Valley Oak trees.
Staff is currently in the process of using GPS and GIS to indentify the best sites
of replanting. Targeted mailings inviting residents to participate in the oak tree
giveaway program will be sent to areas that are in need of oak tree regeneration.
The City's replanting program with the CCC's will resume in late fall and winter.
Consulting Arborist
• Staff has interviewed and hired a contract arborist to assist the City in tree
inspection and protection activities. Davey Resources Group was selected as the
best qualified firm out of an interview pool of five consultants. Davey has the
most diverse services ranging from construction level tree protection inspections
to regional forestry, habitat and environmental assessment capabilities. Davey is
also experienced with Sudden Oak Death (SOD) which is plaguing northern
California. Michael Bova has been assigned as the City's primary arborist.
Additional support from other specialists is available as requested by the City.
Davey was introduced to the Planning Commission on June 3, 2008, and made a
special presentation regarding the firm and its capabilities.
Consulting Biologist
• Staff has interviewed and hired a contract biologist to assist the City in the review
and permitting of projects that involve wetlands, blueline creeks, and other
sensitive habitats. Althouse and Meade was selected as the best qualified firm
out of an interview pool of five consultants. Lynndee Althouse will be the City's
primary biologist, but she will be able to bring in other experts from her firm as
needed. Ms. Althouse is recognized throughout San Luis Obispo County as an
expert on biological issues, mitigations, and working with State and Federal
agency permitting processes. Ms. Althouse was instrumental in helping the City
design and permit the Atascadero Creek creekbank repair project behind City
Hall and the Lewis Avenue Bridge. Staff expects that Althouse and Meade will
play a very important role in the Eagle Ranch Specific Plan process.
Next Steps
Staff will continue to concentrate on the City Council's goals through the end of the
year. The City will again participate in a strategic planning program in the beginning of
2009 to develop goals and a foundation on which to build the 2009-2011 operating and
capital budget.
In addition to work on the City Council's goals, the Council has directed other work by
staff including:
• Develop an Ordinance to control motorcycle riding in residential areas. (not
scheduled)
• Develop a policy regarding "drive-thru" facilities. (scheduled for August, expected
staff hours 100+, 10% complete)
• Conduct a public process and implement a project to construct trails consistent
with a grant initially received by the Upper Salinas Resource Conservation
District (RCD). (not scheduled)
• Conduct a public process and determine a location for the Wrestling Bacchantes.
(not scheduled) Scheduled for August, expected staff hours 40+, 0% complete)
• Develop a policy on recording meetings. (scheduled for September, no estimate
of hours)
• Developing a use policy for City cable programming. (scheduled for September,
no estimate of hours)
• Printery. (not scheduled)
• Troubled development projects. (not scheduled)
• Report on Policy for public comment. (not scheduled)
• Creek setbacks. (not scheduled until after 11/2008)
• Balboa Road improvements. (scheduled July for Council, expected staff hours
100+, 70% complete)
There are also several mandates and projects initiated this year that will affect staffing
and meeting resources. They include:
• The Annex (not scheduled)
• Wal Mart (scheduled for August to return to Council. Expected staff hours 80,
50% complete)
• Eagle Ranch (not scheduled, significant staff commitment)
• Storm Water Master Plan (not scheduled, waiting on direction from RWQCD)
• Transit Center (not scheduled)
• Housing First Forum to eliminate homelessness. (16 hours per month)
This is an aggressive work plan for Council and staff. There are currently a variety of
public processes underway or getting ready to kick off, including:
• The Economic Development Strategy (several meetings this year and next)
• The Public Trust Program (three forums scheduled)
• RCD Trails Project (not scheduled)
• Paloma Park Improvements (no additional meetings scheduled at this time)
• Eagle Ranch (public meeting in August)
• Wal Mart (public meetings in fall)
• Affordable Housing Assistance Policy (one or two additional workshops)
The Council should review the programs and projects planned, focusing staff efforts on
Council priorities. Only eight regular Council meetings remain before the end of 2008
assuming the Council will not meet on Veterans Day and several will be encumbered by
the election process. The election is before the first Council meeting in November and
seating of the new Council occurs the first meeting in December potentially leaving both
months ineffective for City business. This means 5 full agenda regular meetings, some
of which are already impacted with controversial issues.
Several of the issues facing the City have significant public involvement. Embracing
this involvement will take staff and meeting time reducing the number of issues that can
be discussed at a single meeting.
FISCAL IMPACT:
None.
ITEM NUMBER: C -3
DATE: 6-24-08
� I a cI I-F YF T. r
A tascadero City Council
Staff Report— Community Development Department
Dormant Building Permit Applications and
Unpaid Plan Check Fees Update
Potential Time Extension Program
RECOMMENDATION:
Council direct staff to prepare a Title 8 code text amendment to retroactively extend
dormant and expired single family residential, multi-family residential, industrial, and
commercial building permit applications to December 31, 2009, once all outstanding,
unpaid plan check fees have been paid.
REPORT-IN-BRIEF:
The City of Atascadero Community Development Department has over 250± permit
applications on file for single-family residences, multi-family residences, and commercial
projects that have been dormant for longer than six months or 180 days. These are
building permit applications that are still in the plan check process or are ready to
issue but have not been picked up. Therefore, no construction has occurred related
to these permits. These building permit applications do not include permits that have
been issued. Staff is not recommending that minor building permit applications for
accessory structures, additions, remodels, and maintenance be included in the time-
extension program.
Title 8 of the Municipal Code requires that building permit applications must
demonstrate progress toward obtaining a permit by filing corrections within 180 days of
notification that the corrections are ready to pick up (refer to Attachment 2).
ITEM NUMBER: C -3
DATE: 6-24-08
DISCUSSION:
Backqround: Between the years 2000 and 2005, the Community Development
Department did not require a pre-plan check fee to be paid at the time of project
application submittal. During this period, complete plan check fees were collected at the
time of permit issuance, along with permit fees. This was due to technical shortcomings
with the City's previous permit system that made it infeasible to collect the plan check
fees upfront.
This deferred plan check fee process worked well when the construction industry was
robust. In cases where a project did not make it completely through plan check, staff
required the applicant to pay all fees for "services rendered" prior to cancelling a permit,
which was primarily the outstanding plan check fees.
Since the construction economy has taken a downturn, the City has developed a
backlog of 250± permit applications that have become dormant. Staff estimates these
dormant permits have $370,000± in outstanding plan check fees due to the City.
With the implementation of our new permit tracking system (CDS BuildPerm), staff has
completely modified the process for submitting building permits, and now approximately
80% of the plan check fee is required at the time of permit application submittal.
A dormant permit is defined as a permit that has not made significant progress within
the last 180 days. According to the Atascadero Municipal Code (AMC), a project must
make a filing every 180 days. Progress is defined as returning corrected plans within
180 days of picking up plans, or obtaining a permit within 180 days of notification that a
permit is ready. The AMC also provides for one one-time-only 180 day extension
granted by the building official during the plan review process. This would allow an
applicant up to a one full year to meet the City's filing requirement.
Staff has begun to notify applicants with dormant permits that the permits will expire and
outstanding fees are due. However, many applicants have not responded to City
mailings. Those that have responded are often requesting additional time extensions
beyond what is allowed by the AMC. These applicants have explained that due to the
collapse of the residential housing market, it does not make any economic sense to
proceed with construction at this time. However, many applicants plan to build these
projects once the market begins to recover. There are a number of benefits if the City
were to grant an additional time extension in exchange for the payment of outstanding
permit fees.
Benefits of Additional Time Extensions
• City could recover much of the $370,000± in outstanding plan check fees.
• City would avoid forfeiting portions of the plan check fees to a collection agency.
• Housingconstruction could start immediate) once the housing market recovers.
Y g
ITEM NUMBER: C -3
DATE: 6-24-08
• Developers and staff would avoid a lengthy process of preparing and plan
checking plans for a second time on subdivision projects that are partially built-
out.
• The local construction industry is one of the key local industries that affect the
local economy.
• City's image enhanced as being supportive of business.
The Community Development Department is sensitive to the economic downturn and
the impacts on our construction industry. The Community Development Department is
also concerned with the viability of construction projects that are not making adequate
progress. Many of these projects involve planned developments with very specific
architectural design and site plan requirements. Once the City expires these permits it
will be very expensive and time consuming to get new plans prepared and approved so
development can be restarted on these projects. Some projects that are currently in
foreclosure will likely be acquired by new owners with limited knowledge of the project
approval requirements. These new owners will be in a more difficult position if the
project permits have expired.
Staff is also very concerned about collecting the $370,000± outstanding plan check fees
due to the City. Once a permit expires, the outstanding fees are turned over to a
collection agency that would keep a portion of the recovered fees. The City does not
expect to recover a significant portion of the outstanding fees once the permits are
expired and turned over to collections.
Summary: In summary, the City has over 250± permit applications for single-family
residences, multi-family residences, and commercial projects that are not making on-
going progress as required by the AMC. These 100± permit applications have a total of
plan check fees owed to the City in excess of$370,000±.
Staff is proposing an additional one-time-only permit extension to retroactively extend
dormant and expired single family residential, multi-family residential, industrial, and
commercial building permit applications to December 31, 2009, once all outstanding,
unpaid plan check fees have been paid. Staff is recommending that applicants with
dormant permits be given to December 31, 2008, to file for an extension and pay the
outstanding fees.
This would provide an opportunity for current projects impacted by the economic
downturn to buy some breathing room with additional time extension. This would also
benefit the City by encouraging applicants to pay their outstanding plan check fees.
Conclusion: Staff is recommending the Council consider allowing these dormant,
single family residential, multi-family residential, industrial, and commercial building
permit applications to remain active during our economic downturn. This would provide
the City an opportunity to collect outstanding plan check fees while providing a benefit
I
ITEM NUMBER: C -3
DATE: 6-24-08
to the local construction industry. This action would provide builders and investors
additional permit application processing time until the construction economy recovers.
FISCAL IMPACT:
Collection of unpaid plan check fees is estimated to provide a financial benefit to the
City of approximately $150,000.
ALTERNATIVES:
1. Council could direct staff to expire all permit applications that have gone beyond
their 180 day progress timeframes. In this case, staff would notify the applicants
that the permits are expired and outstanding fees are due. If the applicants did
not pay the outstanding plan check fees the bills would be forwarded to Finance
for collections.
2. Council could refer this item back to staff for additional analysis.
ATTACHMENTS:
1. Dormant permit report
2. AMC Code Section
ITEM NUMBER: C -3
DATE: 6-24-08
Attachment 1:Dormant Permit List
SFR/Retail/Commercial
Permit last Last Exp Plan Cheek
# SubmittalAddress Street Owner " Description Activity Status Ltr Fee
1 2912 7/23/2003 12715 Escabroso 3-F Meadows SFR 10/14/2003 Out for Corrections n/a
2 2921 7/23/2003 12628 Cabazon 3-F Meadows SFR 10/14/2003 Out for Corrections n/a
3 2923 7/23/2003 12630 Cabazon 3-F Meadows SFR 10/14/2003 Out for Corrections n/a
4 2924 7/23/2003 12660 Cabazon 3-F Meadows SFR 10/14/2003 Out for Corrections n/a 1,5<<4.%1
5 2925 7/23/2003 12680 Cabazon 3-F Meadows SFR 10/14/2003 Out for Corrections n/a
San
6 2930 7/23/2003 Marcos 3-F Meadows Stock 5/10/2004 Out for Corrections n/a
San
7 3095 7/23/2003 Marcos 3-F Meadows Stock#19 10/9/2003 Out for Corrections n/a
1 2369 2/12/2003 Andy Charnley Stock Review 7/8/2003 ON HOLD 2/13/2007
2 3078 9/3/2003 9425 La Quinta Andy Charnley SFR 2/26/2004 Approved n/a
3 3079 9/3/2003 9435 La Quinta Andy Charnley SFR 2/26/2004 Approved n/a
4 3080 9/3/2003 9445 La Quinta Andy Charnley SFR 2/26/2004 Approved n/a
5 3081 9/3/2003 9455 La Quinta Andy Charnley SFR 2/26/2004 Approved n/a
6 3082 9/3/2003 9465 La Quinta Andy Charnley SFR 2/26/2004 Approved n/a 9f;.
7 3083 9/3/2003 9475 La Quinta Andy Charnley SFR 2/26/2004 Approved n/a d-�o
8 3084 9/3/2003 9485 La Quinta Andy Charnley SFR 2/26/2004 Approved n/a
9 3270 11/13/2003 9495 La Quinta Andy Charnley SFR 1/20/2004 Out for Corrections n/a
1 2935 7/25/2003 9160 Seville JRM Enterprises Bldg"D" 7/7/2005 Out for Corrections n/a
2 2936 7/25/2003 11260 Pamplona JRM Enterprises Bldg"E" 7/7/2005 Out for Corrections n/a
3 2937 7/25/2003 11220 Pamplona JRM Enterprises Bldg"F" 7/7/2005 Out for Corrections n/a d
place
4 2938 7/25/2003 0 JRM Enterprises Bldg"T holder never routed n/a
place
5 2939 7/25/2003 0 JRM Enterprises Bldg"H" holder never routed n/a
place
6 2940 7/25/2003 11200 Pamplona JRM Enterprises Bldg"I" holder never routed n/a
place
7 2941 7/25/2003 0 JRM Enterprises Bldg"J" holder never routed n/a
place
8 2942 7/25/2003 0 JRM Enterprises Bldg"K" holder never routed n/a
I
ITEM NUMBER: C -3
DATE: 6-24-08
SFR/Retail/Commercial
Permit Last last Exp P1 rg Check
# Submittal Address Street Owner Description Activity Status Ltr Fee
9E943 7/25/2003 11204 Madrid JRM Enterprises Bldg"L" 7/6/2005 Out for Corrections n/a
10 7/25/2003 9184 San Diego JRM Enterprises Bldg"M" 3/14/2005 Out for Corrections n/a I %r
STOCK
1 5256 6/30/2005 0 PLAN WEHN Unit A 9/21/2007 Out for Corrections n/a 1"-?4
STOCK
2 5257 6/30/2005 0 PLAN WEHN Unit A-Reverse 9/21/2007 Out for Corrections n/a
STOCK
3 5258 6/30/2005 0 PLAN WEHN Unit B 9/21/2007 Out for Corrections n/a
STOCK
4 5259 6/30/2005 0 PLAN WEHN Unit B-Reverse 9/21/2007 Out for Corrections n/a
STOCK
5 5260 6/30/2005 0 PLAN WEHN Unit 9/21/2007 Out for Corrections n/a
STOCK
6 5261 6/30/2005 0 PLAN WEHN Unit C-Reverse 9/21/2007 Out for Corrections n/a
Pending Stock
Approval place
7 5273 6/30/2005 1155 ECR Ruth Wehn Unit 12 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
8 5274 6/30/2005 1155 ECR Ruth Wehn Unit 13 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
9 5275 6/30/200S 1155 ECR Ruth Wehn Unit 14 12/23/2005 holder:never ck'd n/a
Pending Stock
Approval place
10 5276 6/30/2005 1155 ECR Ruth Wehn Unit 15 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
11 5277 6/30/2005 1155 ECR Ruth Wehn Unit 16 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
12 5278 6/30/2005 1155 ECR Ruth Wehn Unit 17 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
13 5279 6/30/2005 1155 ECR Ruth Wehn Unit 18 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
14 5280 6/30/2005 1155 ECR Ruth Wehn Unit 19 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
15 5281 6/30/2005 1155 ECR Ruth Wehn Unit 20 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
16 5282 6/30/2005 1155 ECR Ruth Wehn Unit 21 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
17 5283 6/30/2005 1155 ECR Ruth Wehn Unit 22 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
18 5284 6/30/2005 1155 ECR Ruth Wehn Unit 23 12/23/2005 1 holder:never pck'd n/a
Pending Stock
Approval place
19 5285 6/30/2005 1155 ECR Ruth Wehn Unit 24 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
20 5286 6/30/2005 1155 ECR Ruth Wehn Unit 25 12/23/2005 holder:never pck'd n/a
I
ITEM NUMBER: C -3
DATE: 6-24-08
SFR/Retail/Commercial
Permit last last Exp Plan c rck
# Submittal Address Street Owner Description Activity Status ltr tee;
Pending Stock
Approval place
21 5287 6/30/2005 1155 ECR Ruth Wehn Unit 26 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
22 5288 6/30/2005 1155 ECR Ruth Wehn Unit 27 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
23 5289 6/30/2005 1155 ECR Ruth Wehn Unit 28 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
24 5290 6/30/2005 1155 ECR Ruth Wehn Unit 29 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
25 5291 6/30/2005 1155 ECR Ruth Wehn Unit 30 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
26 5292 6/30/2005 1155 ECR Ruth Wehn Unit 31 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
27 5293 6/30/2005 1155 ECR Ruth Wehn Unit 32 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
28 5294 6/30/2005 1155 ECR Ruth Wehn Unit 33 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
29 5295 6/30/2005 1155 ECR Ruth Wehn Unit 34 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
30 5296 6/30/2005 1155 ECR Ruth Wehn Unit 35 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
31 5297 6/30/2005 1155 ECR Ruth Wehn Unit 36 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
32 5298 6/30/2005 1155 ECR Ruth Wehn Unit 37 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
33 5299 6/30/2005 1155 ECR Ruth Wehn Unit 38 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
34 5300 6/30/2005 1155 ECR Ruth Wehn Unit 39 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
35 5301 6/30/2005 1155 ECR Ruth Wehn Unit 40 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
36 5302 6/30/2005 1155 ECR Ruth Wehn Unit 41 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
37 5303 6/30/2005 1155 1 ECR Ruth Wehn Unit 42 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
38 5304 6/30/2005 1155 ECR Ruth Wehn Unit 43 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
39 5305 6/30/2005 1155 ECR Ruth Wehn Unit 44 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
40 5306 6/30/2005 1155 ECR Ruth Wehn Unit 45 12/23/2005 holder:never pck'd n/a
41 1 5307 1 6/30/2005 1 1155 ECR Ruth Wehn Unit 46 12/23/2005 Pending Stock n/a
ITEM NUMBER: C -3
DATE: 6-24-08
SFR/Retail/Commercial
Permit Last last Exp Plan Check
# Submittal' Address Street Owner Description . Activity Status Ltr
Approval place
holder:never pck'd
Pending Stock
Approval place
42 5308 6/30/2005 1155 ECR Ruth Wehn Unit 47 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
43 5309 6/30/2005 1155 1 ECR Ruth Wehn Unit 48 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
44 5310 6/30/2005 1155 ECR Ruth Wehn Unit 49 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
45 5311 6/30/2005 1155 ECR Ruth Wehn Unit 50 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
46 5312 6/30/2005 1155 ECR Ruth Wehn Unit 51 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
47 5313 6/30/2005 1155 ECR Ruth Wehn Unit 52 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
48 5314 6/30/2005 1155 ECR Ruth Wehn Unit 53 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
49 5315 6/30/2005 1155 ECR Ruth Wehn Unit 54 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
50 5316 6/30/2005 1155 ECR Ruth Wehn Unit 55 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
51 5317 6/30/2005 1155 ECR Ruth Wehn Unit 56 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
52 5318 6/30/2005 1155 ECR Ruth Wehn Unit 57 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
53 5319 6/30/2005 1155 ECR Ruth Wehn Unit 58 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
54 5320 6/30/2005 1155 ECR Ruth Wehn Unit 59 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
55 5321 6/30/2005 1155 ECR Ruth Wehn Unit 60 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
56 5322 6/30/2005 1155 ECR Ruth Wehn Unit 61 12/23/2005 holder:never pck'd n/a
Pending Stock
Approval place
57 1 5323 1 6/30/2005 1 1155 1 ECR Ruth Wehn Unit 62 12/23/2005 holder:never pck'd I n/a
1 5833 12/5/2005 LOT 23 Regio Fetyko/Doya Relocate SFR 4/14/2006 Out for Corrections 4/5/2007
Ready to
issue/pending stock
2 6788 10/11/2006 5457 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a 1,,'2`.5,+8
Readyto
issue/pending stock
3 6787 10/11/2006 5461 Atalaya Fetyko/ECR 24 SFR 5/9/2007 issuance n/a
ITEM NUMBER: C -3
DATE: 6-24-08
SFR/Retail/Commercial
Permit Cast Cast Exp Pkm Ce
## Submittai'+ Address street Owner Description Activity _ Status` 'Ltr
Readyto
issue/pending stock
4 6789 10/11/2006 5453 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a
Readyto
issue/pending stock
5 6790 10/11/2006 5447 Atalaya Fetyko/ECR 24 SFR 5/9/2007 issuance n/a 5.21
Readyto
issue/pending stock
6 6791 10/11/2006 5441 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a 1,57,',40'
Readyto
issue/pending stock
7 6792 10/11/2006 5435 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a 1.ta<a7,?2-
Readyto
2-Readyto
issue/pending stock
8 6793 10/11/2006 5427 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a
Readyto
issue/pending stock
9 6794 10/11/2006 5423 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a
Readyto
issue/pending stock
10 6795 10/11/2006 5421 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a
Readyto
issue/pending stock
11 6796 10/11/2006 5419 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a
Readyto
issue/pending stock
12 6797 10/11/2006 1281 Copado Fetyko/ECR 24 SFR 7/19/2007 issuance n/a
Readyto
issue/pending stock
13 6798 10/11/2006 1275 Copado Fetyko/ECR 24 SFR 7/19/2007 issuance n/a 1,*;25t�8
Readyto
issue/pending stock
14 6799 10/11/2006 1271 Copado Fetyko/ECR 24 SFR 7/19/2007 issuance n/a 1,-a 97,22
Readyto
issue/pending stock
15 6800 10/11/2006 1265 Copado Fetyko/ECR 24 SFR 7/19/2007 issuance n/a
Readyto
issue/pending stock
16 6801 10/11/2006 5416 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a
Readyto
issue/pending stock
17 6802 10/11/2006 5420 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a 1-57 3.41.1
Readyto
issue/pending stock
18 6803 10/11/2006 5424 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a 40
Readyto
issue/pending stock
19 6804 10/11/2006 5428 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a 14,,7.87
Readyto
issue/pending stock
20 6805 10/11/2006 5432 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a 1.`73.itt
Readyto
issue/pending stock
21 6806 10/11/2006 5436 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a 1 47 32
Readyto
issue/pending stock
22 6807 10/11/2006 5444 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a
Readyto
issue/pending stock
23 6808 10/11/2006 5448 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a 's2v. 8
24 6809 10/11/2006 5454 Atalaya Fetyko/ECR 24 SFR 7/19/2007 Readyto n/a
ITEM NUMBER: C -3
DATE: 6-24-08
SFR/Retail/Commercial
Permit Last Last Exp PlAn,het[(
# Submittal Address I Street Owner " Description Activity Status Ltr Fed
issue/pending stock
issuance
Readyto
issue/pending stock
25 6810 10/11/2006 5456 Atalaya Fetyko/ECR 24 SFR 7/19/2007 issuance n/a
26 5852 12/9/2005 1225 ECR Fetyko/Doya STOCK,1602R 10/17/2006 Ready to Issue n/a - -
27 5854 12/9/2005 1225 ECR Fetyko/Doya STOCK,1602R 10/17/2006 Ready to Issue n/a 22`S%
28 5850 12/8/2005 1225 ECR Fetyko/Doya STOCK,689 10/17/2006 Ready to issue n/a
29 5827 12/1/2005 1225 ECR Fetyko/Doya STOCK,1328R 10/17/2006 Ready to Issue n/a
9355- Hertel/Atas
1 6066 2/2/2006 9363 Ranada Town Homes Townhomes 12/8/2006 Readyto issue n/a
9360- H e rte I/Ata s
2 6004 2/2/2006 9368 Riberena Town Homes Townhomes 12/8/2006 Readyto issue n/a
9361- Hertel/Atas
3 6005 2/2/2006 9369 Riberena Town Homes Townhomes 12/8/2006 Ready to issue n/a7iQ7-7i
9371- Hertel/Atas
4 6007 2/2/2006 9379 Codencia Town Homes Townhomes 12/8/2006 Ready to issue n/a i3.IG
9381- Hertel/Atas
5 6008 2/2/2006 9389 Cielo Azul Town Homes Townhomes 12/8/2006 Ready to issue n/a 7 T
9380- H e rte I/Ata s
6 6009 2/2/2006 9388 Cielo Azul Town Homes Townhomes 12/8/2006 Ready to issue n/a 7'
9341- Hertel/Atas
7 6010 2/2/2006 9359 Dechado Town Homes Apartments 12/8/2006 Ready to issue n/a 3282. ES
9281- H e rte I/Ata s
8 6016 2/2/2006 9299 Ciruela Town Homes Apartments 12/8/2006 Ready to issue n/a w2r. e;
9250- Hertel/Atas
9 6017 2/2/2006 9568 Ciruela Town Homes Apartments 12/8/2006 Ready to issue n/a
9301- Hertel/Atas
10 6012 2/2/2006 9319 Dechado Town Homes Apartments 12/8/2006 Ready to issue n/a
9280- Hertel/Atas
11 6014 2/2/2006 9298 Ciruela Town Homes Apartments 12/8/2006 Ready to issue n/a "x,72-
9321- Hertel/Atas
12 6011 2/2/2006 9339 Dechado Town Homes Apartments 12/8/2006 Readyto issue n/a
9210- Hertel/Atas
13 6019 2/2/2006 9228 Ciruela Town Homes Apartments 12/8/2006 Ready to issue n/a
9261- Hertel/Atas
14 6015 2/2/2006 9279 Los Olivos Town Homes Apartments 12/8/2006 Ready to issue n/a
9230- H e rte I/Atas
15 6018 2/2/2006 9248 Ciruela Town Homes Apartments 12/8/2006 Ready to issue n/a
Hertel/Atas
18 5562 8/30/2005 9550 Via Cielo Town Homes SFR 3/12/2007 Ready to issue n/a
Monte Hertel/Atas
23 5940 11/8/2006 11457 Verde Town Homes 2nd Unit 8/7/2006 Readyto issue n/a
Hertel/Atas
24 5942 1/18/2006 9660 Via Cielo Town Homes 2nd Unit 10/4/2007 Ready to issue n/a
Hertel/Atas
25 5569 8/30/2005 9658 Via Cielo Town Homes SFR 9/6/2006 Ready to issue n/a
Hertel/Atas
26 5936 1/18/2006 9505 Via Cielo Town Homes SFR 9/6/2006 Ready to issue n/a 7
1 5577 1 8/31/2005 1 11105 Avion Trimark SFR 10/3/2005 1 Out for Corrections n/a
ITEM NUMBER: C -3
DATE: 6-24-08
SFR/Retail/Commercial
Permit Cast Cast Exp Pla"Check
# Submittal Address Street Owner Description Activity Status Ltr Fee
2 5578 8/31/2005 11165 Eliano Trimark SFR 10/3/2005 Out for Corrections n/a 475A
3 5580 8/31/2005 11100 Avion Trimark SFR 10/3/2005 Out for Corrections n/a
4 5581 8/31/2005 11105 Eliano Trimark SFR 10/3/2005 Out for Corrections n/a .3
5 5586 8/31/2005 11115 Avion Trimark SFR 10/3/2005 Out for Corrections n/a
6 5587 8/31/2005 11110 Avion Trimark SFR 10/3/2005 Out for Corrections n/a ?
7 5588 8/31/2005 11185 Eliano Trimark SFR 10/3/2005 Out for Corrections n/a
8 5589 8/31/2005 11125 Eliano Trimark SFR 10/3/2005 Out for Corrections n/a
9 5590 8/31/2005 11115 Eliano Trimark SFR 10/3/2005 Out for Corrections n/a 652 IR
10 5429 7/28/2005 11290 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a %is7_'•
11 5430 7/28/2005 11260 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a 5.4
12 5431 7/28/2005 11240 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a �3
13 5433 7/28/2005 11195 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a
14 5434 7/28/2005 11215 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a
15 5435 7/28/2005 11245 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a «`t
16 5436 7/28/2005 11275 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a 4 7;.4:
17 5437 7/28/2005 11285 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a
18 5442 7/28/2005 11280 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a
19 5443 7/28/2005 11270 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a " 2. 13
20 5444 7/28/2005 11250 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a
21 5445 7/28/2005 11220 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a
22 5447 7/28/2005 11205 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a 2.8i
23 5448 7/28/2005 11225 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a 73:t.9ii
24 5449 7/28/2005 11235 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a 2_.F,
25 5450 7/28/2005 11255 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a 7?','r"
26 5451 7/28/2005 11265 Eliano Trimark SFR 9/29/2005 Out for Corrections n/a E82.�
Mixed Use-Res.
1 5228 6/30/2005 0 Principal Hamish Marshall Portion 9/22/2006 Approved n/a
Mixed Use-Retail
2 5229 6/30/2005 0 Principal Hamish Marshall Portion 9/22/2006 Approved n/a ?
3 5230 6/30/2005 0 Principal Hamish Marshall Retail/Commercial 9/22/2006 Approved n/a 7:=4.0
I
ITEM NUMBER: C -3
DATE: 6-24-08
SFR/Retail/Commercial
Permit .Y Last Last Exp Plan Check
# SubmittalAddress street Owner Description Activity :Status Cir Fee
4 5231 6/30/2005 0 Principal Hamish Marshall Duplex Stock 9/22/2006 Approved n/a 70( ),65
5 5232 6/30/2005 0 Principal Hamish Marshall Triplex Stock 9/22/2006 Approved n/a
6 5233 6/30/2005 0 Principal Hamish Marshall Triplex 1/30/2006 2nd PCK n/a
7 5234 6/30/2005 0 Principal Hamish Marshall Triplex 1/30/2006 2nd PCK n/a 1,?48A9
8 5235 6/30/2005 0 Principal Hamish Marshall Triplex 1/30/2006 2nd PCK n/a
9 5236 6/30/2005 0 Principal Hamish Marshall Triplex 1/30/2006 2nd PCK n/a 7, .49
10 5237 6/30/2005 0 Principal Hamish Marshall Triplex 1/30/2006 2nd PCK n/a
11 5238 6/30/2005 0 Principal Hamish Marshall Triplex 1/30/2006 2nd PCK n/a
12 5239 6/30/2005 0 Principal Hamish Marshall Triplex 1/30/2006 2nd PCK n/a
13 5240 6/30/2005 0 Principal Hamish Marshall Triplex 1/30/2006 2nd PCK n/a 74 8,4i
15 5241 6/30/2005 0 Principal Hamish Marshall Triplex 1/30/2006 2nd PCK n/a 1,7Z&4g
16 5243 6/30/2005 0 Principal Hamish Marshall Duplex 1/30/2006 2nd PCK n/a 1,_75.45
17 5244 6/30/2005 0 Principal Hamish Marshall Duplex 1/30/2006 2nd PCK n/a 1,"175.413
18 5245 6/30/2005 0 Principal Hamish Marshall Duplex 1/30/2006 2nd PCK n/a ._7'+46
19 5246 6/30/2005 0 Principal Hamish Marshall Duplex 1/30/2006 2nd PCK n/a
20 5247 6/30/2005 0 Principal Hamish Marshall Duplex 1/30/2006 2nd PCK n/a i,i%5,46
21 5248 6/30/2005 0 Principal Hamish Marshall Duplex 1/30/2006 2nd PCK n/a 2,i 7`i 46
22 5249 6/30/2005 0 Principal Hamish Marshall Duplex 1/30/2006 2nd PCK n/a 1.115.46
23 5250 6/30/2005 0 Principal Hamish Marshall Duplex 1/30/2006 2nd PCK n/a "s16
24 5251 6/30/2005 0 Principal Hamish Marshall Duplex 1/30/2006 2nd PCK n/a 175.9E
4705- JRW
1 6665 9/2/2006 4711 ECR Group/Acacia Community Rm 5/30/2007 Out for Corrections n/a 1,439.8v
4705- JRW
2 6666 9/6/2006 4711 ECR Group/Acacia Residential 5/30/2007 Out for Corrections n/a i 3
4705- JRW
3 6667 9/6/2006 4711 ECR Group/Acacia Retail 5/30/2007 Out for Corrections n/a 5'6.
4705- JRW
4 6668 9/6/2006 4711 ECR Group/Acacia Residential 5/30/2007 Out for Corrections n/a
4705- JRW
5 6669 9/6/2006 4711 ECR Group/Acacia Residential 5/30/2007 Out for Corrections n/a 7,177,4
4705- JRW
6 6670 9/6/2006 4711 ECR Group/Acacia Residential 5/30/2007 Out for Corrections n/a 2,8.`)7.
4705- JRW
7 6671 9/6/2006 4711 ECR Group/Acacia Improvements 7/5/2007 Out for Corrections n/a I H,34
I
ITEM NUMBER: C -3
DATE: 6-24-08
SFR/Retail/Commercial
permitCast Last UPMin MR
Submittal Address Street Owner Description ActivStatus Ctr �
6580-
1 5417 7/28/2005 6590 Serra Caliber Homes Duplex 5/11/2006 Ready to Issue n/a 1,2 c-2
6560-
2 5418 7/28/2005 6570 Serra Caliber Homes Duplex 5/11/2006 Ready to Issue n/a 1,33:.38
6540-
3 5419 7/28/2005 6550 Serra Caliber Homes Duplex 5/11/2006 Ready to Issue n/a 25 Y
6545-
4 5420 7/28/2005 6555 Serra Caliber Homes Duplex 5/11/2006 Ready to Issue n/a
6565-
5 5421 7/28/2005 6575 Serra Caliber Homes Duplex 5/11/2006 Ready to Issue n/a
6 5422 7/28/2005 6585 Serra Caliber Homes Duplex 5/11/2006 Ready to Issue n/a
74 4
1 6057 2/9/2006 5437 Olmeda Roger Emmons SFR 4/11/2007 Out for Corrections n/a -'):'— 7
2 6058 2/9/2006 5435 Olmeda Roger Emmons SFR 4/11/2007 Out for Corrections n/a 1. 64 fJ7
3 6059 2/9/2006 5439 Olmeda Roger Emmons SFR 4/11/2007 Out for Corrections n/a 84,P,
1 5188 6/20/2005 7065 Navajoa William Moses SFR 8/19/2005 Out for Corrections 7/10/2007 %>.:6
2 5189 6/20/2005 7065 Navajoa William Moses SFR 8/19/2005 Out for Corrections 7/10/2007 ?6C3.2C,
3 5190 6/20/2005 7065 Navajoa William Moses SFR 8/19/2005 Out for Corrections 7/10/2007 0.Z6
1 7156 3/21/2007 5092 Palma Roger Grant SFR 7/17/2007 Out for Corrections n/a 18n4, 6
2 7158 3/21/2007 5094 Palma Roger Grant SFR 7/17/2007 Out for Corrections n/a 2,6
3 7159 3/21/2007 5096 Palma Roger Grant SFR 7/17/2007 Out for Corrections n/a I
2..
1 6772 10/6/2006 6905 ECR Colony Square Bldg B/C Res 11/2/2006 Out for Corrections n/a 11,°72.26
2 6773 10/6/2006 6905 ECR Colony Square Bldg B/C Com 11/2/2006 Out for Corrections n/a 3,2`;-31-M
3 6775 10/6/2006 6905 ECR Colony Square Bldg D Res 4/16/2007 Out for Corrections n/a 3,94:_.75
4 6774 10/6/2006 6905 ECR Colony Square Bldg D Cam 4/16/2007 Out for Corrections n/a
Santa Royce
1 6768 10/5/2006 0 Ysabel Construction SFR 8/29/2007 Out for Corrections n/a 2,20,_.17
Santa Royce
2 6769 10/5/2006 0 Ysabel Construction SFR 8/29/2007 Out for Corrections n/a
ITEM NUMBER: C -3
DATE: 6-24-08
SFR/Retail/Commercial
Permit Cast Lash Exp i fa
# SubmittalAddress Street Owner Desuiption Actiuty5tatus Ltrc
Santa Royce
3 6770 10/5/2006 0 Ysabel Construction SFR 8/29/2007 Out for Corrections n/a 3.,929,86
1 6286 5/3/2006 4675 Navidad David Graves SFR 2/1/2007 Out for Corrections n/a .,794,5i
2 6538 7/19/2006 3556 Maricopa David Graves SFR 8/14/2006 Out for Corrections n/a i,i?;-83
3 5868 12/15/2005 4595 Portola David Graves SFR 6/21/2006 Ready to Issue n/a '.,1<1., 7
4 5869 12/15/2005 4590 Portola David Graves SFR 6/21/2006 Ready to Issue n/a 1-92 e
DLG
5 6054 2/8/2006 0 Ardilla Development SFR 8/14/2006 Out for Corrections n/a 1,352.55
1 5834 12/5/2005 6910 Navajoa RandyYoung SFR 1/3/2007 Ready to Issue 8/27/20077..1
2 5835 12/5/2005 6924 Navajoa Randy Young SFR 1/8/2007 Ready to Issue 8/27/20077.24;
3 5836 12/5/2005 6914 Navajoa RandyYoung SFR 1/3/2007 Ready to Issue 8/27/2007 11,327.2
4 5837 12/5/2007 6920 Navajoa Randy Young SFR 1/3/2007 Ready to Issue 8/27/2007 '..'.i
1 5491 8/9/2005 6200 Marchant Chris Austin SFR 8/13/2007 Ready to Issue 3/28/2008 c;Jr.; r:2
2 5492 8/9/2008 6220 Marchant Chris Austin SFR 8/13/2007 Ready to Issue 3/28/2008 9Ss.08
1 4439 11/8/2004 1 Las Lomas Patrick Kennedy SFR 1/4/2005 Out for Corrections 7/10/2007 3 2.4:
2 4438 11/8/2004 9700 Las Lomas Patrick Kennedy 3plex 1/18/2005 Out for Corrections 7/10/2007 1. ==7.51
Gearhart/Atas
1 6749 10/3/2006 0 STOCK Homeowners Stock 600 Ready to Issue n/a
1 4529 12/13/2004 10910 Vista DanielFoubert SFR 7/2/007 Ready to Issue 3/28/2008
9550-
1 6236 4/18/2006 9560 Casa Bella Oakside Villas SFR 5/24/2007 Ready to Issue 3/28/2008
2 6142 3/7/2006 9500 Las Lomas Oakside Villas Stock Only 6/8/2007 Out for Corrections n/a 4 a
San Derrick
1 6201 4/3/2006 2135 Fernando Mackinga SFR 1/8/2007 Out for Corrections n/a 1.,4Cr8.48
cant talc-no
1 6203 4/4/2006 9700 ECR JP Patel Hotel 5/30/2006 Out for Corrections n/a sgft provided
ITEM NUMBER: C -3
DATE: 6-24-08
SFR/Retail/Commercial
Permit Last Last Exp Pl,,n Cheek
# Submittal Address Street Owner Description Activity Status Ltr Fee
1 6253 4/20/2006 6305 Santa Ynez Jim Shores 3plex 11/6/2006 Out for Corrections n/a
1 6546 7/20/2006 3200 Silla David Trupe 2nd Unit 8/18/2006 Out for Corrections 4/10/2007 ,
1 6603 8/4/2006 3300 Falda FrancisSvedas SFR 4/5/2007 Out for Corrections n/a
1 6608 8/8/2006 0 Santa Ana Jim Cone SFR 9/1/2006 Out for Corrections n/a
1 6839 1/23/2006 5435 Palma John Lyle Duplex 5/3/2007 Out for Corrections n/a
Bradley Conversion to 2nd �afn IrFlr,-r.o
1 7079 2/5/2007 13500 Old Morro Steveson Unit 3/5/2007 Out for Corrections 6/11/2008 sr, t?r,>�iseG
1 7082 2/9/2007 13705 Santa Ana Charles Bennett SFR 8/15/2007 Out for Corrections n/a 34
1 7092 2/20/2007 0 Valle Sean Knoph SFR 4/20/2007 Out for Corrections n/a ,% ,f�
1 4011 7/16/2004 3876 Orillas Chris Thomas SFR 2/23/2005 Out for Corrections 7/10/2007
Graves 2nd Unit&
1 4823 3/17/2005 7810 Creek Gary Quiram Carport 4/22/2005 Out for Corrections 7/10/2007
1 5602 2005 3170 Traffic Wa 9/7/ Y Robert Rucker SFR 10/12/2005 Out for Corrections 7/10/2007
1 6189 3/29/2006 Lomitas Tamara Molfino 2nd Unit 8/10/2006 Out for Corrections 7/10/2007
1 6506 7/7/2006 5210 Fresno James Netz 2nd Unit 8/22/2006 Out for Corrections 4/10/2007 ;. i
1 6372 6/1/2006 4775 EI Verano Jason Papich SFR 3/21/2007 Ready to Issue 10/4/2007 1."`S}Sa. _
249
I
ITEM NUMBER: C -3
DATE: 6-24-08
Attachment 2: AMC Title 8: Application Time Limits
8-2.102 Modification of Appendix Chapter 1.
(c) Amend Appendix Section 105.3.2 to read as follows:
105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned 180 days after the date of filing, unless a
permit has been issued; except that the building official is authorized to grant one
extension of time for an additional period not exceeding 180 days. In order to renew action
on an application after expiration, the applicant shall resubmit plans and pay a new plan
review fee.
l