HomeMy WebLinkAboutCC_2014-06-24_Agenda Packet
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, June 24, 2014
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(d)(1)
Save Atascadero v. City of Atascadero, et al.
San Luis Obispo County Superior Court Case No. CV 128230
b. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International
Union, Local 620; Mid-Management/Professional Employees; Non-
Represented Professional and Management Workers and Confidential
Employees
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Kelley
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Sturtevant
Council Member Fonzi
Council Member Kelley
Council Member Moreno
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Employee Service Awards
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 wi th an
opportunity for any member of the public to address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. City Council Draft Action Minutes – June 10, 2014
Recommendation: Council approve the City Council Draft Action Minutes
of June 10, 2014. [City Clerk]
2. Oakhaven Public Improvements Acceptance and Letter of Credit
Release and Reduction - 1155 El Camino Real
Fiscal Impact: None.
Recommendations: Council:
1. Accept and certify the satisfactory completion of frontage
improvements related to Encroachment Permit BLD 2013-10779, Tract
2614, Oakhaven Development; and,
2. Authorize staff to release the Labor and Material Letter of Credit for
187,041.00, and authorize the reduction of the Performance Letter of
Credit for $374,082.00 to 10% of the original amount, or $37,408.00,
for the one year maintenance warranty period; and,
3. Authorize staff to release the 10% Maintenance Warranty Letter of
Credit upon satisfactory completion of the one year maintenance
period. [Public Works]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
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. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 minutes will be allowed f or
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information, may contact the City Clerk’s Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson@atascadero.org.)
B. PUBLIC HEARINGS:
1. Placement of Sewer Service Charges on the 2014-2015 Property Tax
Rolls
Ex Parte Communications:
Fiscal Impact: The City will bill $1,758,880.82 in sanitation service
charges for Fiscal Year 2014-2015.
Recommendation: Council adopt the Draft Resolution placing sewer
service charges on the 2014-2015 property tax rolls. [Public Works]
2. Consideration of Sales Tax Measure
Ex Parte Communications:
Fiscal Impact: The proposed sales tax measure would generate an
estimated $1.7 - $2.0 million in additional annual revenue. The total cost
of placing the measures on the ballot is estimated to be approximately
$6,500 of budgeted General Funds.
Recommendation: Council introduce for first reading by title only, the
Draft Ordinance imposing a transactions and use tax to be administered
by the State Board of Equalization. [City Manager]
C. MANAGEMENT REPORTS:
1. General Municipal Election - November 4, 2014
Fiscal Impact: The City Clerk’s estimate for the 2014 election of officials in
Atascadero is $28,500. The addition of the ballot measure and an
advisory measure is approximately $6,500. Therefore, the total estimate
for the 2014 election including ballot measures is $35,000.
Recommendations:
A. Council adopt the following Resolutions for the purpose of electing a
Mayor, two members to the City Council, a City Clerk, and a City
Treasurer:
1. Draft Resolution A, calling and giving notice of the holding of a
General Municipal Election to be held on Tuesday, November 4,
2014; and,
2. 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, 2014.
OR
B. Council adopt the following Resolutions for the purpose of electing a
Mayor, two members to the City Council, a City Clerk, and a City
Treasurer, and to submit to the voters a sales tax ballot measure
and advisory measure:
1. Draft Resolution C, calling and giving notice of the holding of a
General Municipal Election to be held on Tuesday, November 4,
2014; and,
2. Draft Resolution D, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal
Election to be held on November 4, 2014; and,
3. Draft Resolution E, setting priorities for filing written arguments
regarding the City measures and directing the City Attorney to
prepare an impartial analysis; and,
4. Draft Resolution F, providing for the filing of rebuttal arguments for
City measures submitted at Municipal Elections. [City Clerk]
2. Status Report - Dormant Building Permit Program - Phase 5 - 2014
Fiscal Impact: The Dormant Permit Program fees are significantly lower
than the City’s current fee schedule. Ending the program is expected to
improve City permit revenues and Capital Facility Impact Fees collection.
Recommendations: Council:
1. Direct staff to notify permit applicants that Phase 5 of Dormant Permit
Program will end on December 31, 2014; and,
2. Determine that permit applications that have been updated to the 2013
California Building Code, prior to December 31, 2014, will remain val id
until the 2016 California Building Code goes into effect; and,
3. Direct staff to cancel all other dormant permit applications on January
1, 2015. [Community Development]
3. PLN 2099-1033 - Conditional Use Permit 2003-0095 - Master Plan of
Development for Southside Villas - 9190 San Diego Way - (CenCal
Ventures, LLC / Roberts)
Fiscal Impact: None.
Recommendations: Council:
1. Direct staff to proceed with eminent domain proceedings to acquire the
right-of-way needed to install offsite improvements along 9198 San
Diego Road fronting APN 045-352-001 (Paul Prins); and,
2. Authorize the City Manager to execute an agreement with the
developer to recoup any and all legal, engineering, and staff costs
associated with the acquisition of the right-of-way and construction
access to the Prins site. [Public Works]
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.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O’Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Sturtevant
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. League of California Cities – Council Liaison
Council Member Fonzi
1. Air Pollution Control District
2. Oversight Board for Successor Agency to the Community Redevelopment
Agency of Atascadero
3. SLO Local Agency Formation Commission (LAFCo)
Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3. Economic Vitality Corporation, Board of Directors (EVC)
4. Homeless Services Oversight Council
Council Member Moreno
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City of Atascadero Finance Committee (Chair)
3. City of Atascadero Design Review Committee
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 subm itted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the June 24, 2014 Regular Session of the Atascadero City Council was posted
on June 18, 2014, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was
available for public review in the Customer Service Center at that location.
Signed this 18th day of June, 2014, at Atascadero, California.
Lori Mlynczak, 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. Council
meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the
Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped
for future playback. Charter Communication customers may view the meeting s on Charter Cable Channel 20 or via the
City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City
Clerk for more information (470-3400).
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, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. Contracts, Resolutions and
Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeti ng 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 .
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 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 approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
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
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). 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 must
be brought to the meeting on a USB drive or CD. 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.
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 a nd
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 (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
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
ITEM NUMBER: A-1
DATE: 06/24/14
Atascadero City Council
June 10, 2014
Page 1 of 10
CITY OF ATASCADERO
CITY COUNCIL
DRAFT ACTION MINUTES
Tuesday, June 10, 2014
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
Mayor O’Malley announced at 5:00 p.m. that the Council is going into Closed Session.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(d)(1)
Save Atascadero v. City of Atascadero, et al.
San Luis Obispo County Superior Court Case No. CV 128230
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
ITEM NUMBER: A-1
DATE: 06/24/14
Atascadero City Council
June 10, 2014
Page 2 of 10
b. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International
Union, Local 620; Mid-Management/Professional Employees; Non-
Represented Professional and Management Workers and Confidential
Employees
c. Public Employee Performance Evaluation (Govt. Code 54957)
Title: City Manager
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
City Attorney Pierik announced that the appeal hearing concerning Save Atascadero v.
City of Atascadero, et al., took place on May 30th and the City expects a ruling within 30-
90 days. Otherwise, there was no reportable action taken.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor O’Malley called the meeting to order at 6:01 p.m. and Council Member Fonzi led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem
Sturtevant, and Mayor O’Malley
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
Staff Present: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Community Development Director Warren Frace,
Public Works Director Russ Thompson, Police Chief Jerel Haley,
Fire Chief Kurt Stone, and City Attorney Brian Pierik.
ITEM NUMBER: A-1
DATE: 06/24/14
Atascadero City Council
June 10, 2014
Page 3 of 10
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Sturtevant and seconded by Council
Member Kelley to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS: None
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – May 27, 2014
Recommendation: Council approve the City Council Draft Action Minutes
of May 27, 2014. [City Clerk]
2. April 2014 Accounts Payable and Payroll
Fiscal Impact: $1,756,394.42
Recommendation: Council approve certified City accounts payable,
payroll and vendor checks for April 2014. [Administrative Services]
3. 2014-2015 Annual Spending Limit
Fiscal Impact: None.
Recommendation: Council adopt the attached Draft Resolution
establishing the annual spending limit for fiscal year 2014-2015.
[Administrative Services]
4. Transfer of Atascadero Transit Fixed Route Service to San Luis Obispo
Regional Transit Authority
Fiscal Impact: None.
Recommendation: Council authorize the City Manager to execute an
Assignment and Assumption Agreement between the City of Atascadero,
the City of Paso Robles, North County Cuesta College, and San Luis
Obispo Regional Transit Authority (RTA), transferring responsibilities of
the 2011 Cooperation Transit Agreement to RTA. [Public Works]
5. First Amendment to Agreement for Legal Services
Fiscal Impact: The fiscal impact of a $10 an hour rate increase for City
Attorney Services will be $500 per month for the retainer of 50 hours per
month. The fiscal impact for a $10 per hour increase for legal services
above the 50 hour retainer will depend upon the number of above retainer
hours in a given month.
Recommendation: Council approve First Amendment to Agreement for
Legal Services. [City Attorney]
ITEM NUMBER: A-1
DATE: 06/24/14
Atascadero City Council
June 10, 2014
Page 4 of 10
6. Final Map 2014-0179 (Parcel Map AT 12-0079) - 9045 Junipero Avenue
(LLA 2012-0109) - Kenneth Hermansen
Fiscal Impact: None.
Recommendations: Council:
1. Adopt and approve Final Parcel Map 2014-0179 (Parcel Map AT
12-0079); and,
2. Authorize and direct the Community Development Director to sign
the Final Map [Public Works]
MOTION: By Council Member Fonzi and seconded by Council Member
Moreno to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (#A-3: Resolution No.
2014-032, #A-4: Contract No. 2014-014)
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizen spoke during Community Forum: Jerry Clay.
Mayor O’Malley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. Apple Valley Assessment Districts
Ex Parte Communications:
Fiscal Impact: Annual assessments for 2014/2015 will total $42,000 for
road/drainage system maintenance and $56,000 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in Apple Valley.
Recommendations: Council:
1. Adopt Draft Resolution A approving the final Engineer’s Report
regarding the Street and Storm Drain Maintenance District No. 01
(Apple Valley), and the levy and collection of annual assessments
related thereto for fiscal year 2014/2015; and,
2. Adopt Draft Resolution B ordering the levy and collection of
assessments for fiscal year 2014/2015 for Street and Storm Drain
Maintenance District No. 01 (Apple Valley); and,
3. Adopt Draft Resolution C approving the final Engineer’s Report
regarding the Landscaping and Lighting District No. 01 (Apple Valley),
and the levy and collection of annual assessments related thereto in
fiscal year 2014/2015; and
ITEM NUMBER: A-1
DATE: 06/24/14
Atascadero City Council
June 10, 2014
Page 5 of 10
4. Adopt Draft Resolution D ordering the levy and collection of
assessments for fiscal year 2014/2015 for Landscaping and Lighting
District No. 01 (Apple Valley.) [Administrative Services]
Administrative Services Director Jeri Rangel gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Fonzi and seconded by Council Member
Kelley to:
1. Adopt Draft Resolution A approving the final Engineer’s
Report regarding the Street and Storm Drain Maintenance
District No. 01 (Apple Valley), and the levy and collection of
annual assessments related thereto for fiscal year
2014/2015; and,
2. Adopt Draft Resolution B ordering the levy and collection
of assessments for fiscal year 2014/2015 for Street and
Storm Drain Maintenance District No. 01 (Apple Valley);
and,
3. Adopt Draft Resolution C approving the final Engineer’s
Report regarding the Landscaping and Lighting District No.
01 (Apple Valley), and the levy and collection of annual
assessments related thereto in fiscal year 2014/2015; and
4. Adopt Draft Resolution D ordering the levy and collection
of assessments for fiscal year 2014/2015 for Landscaping
and Lighting District No. 01 (Apple Valley.)
Motion passed 5:0 by a roll-call vote. (#B-1.1: Resolution No.
2014-033, #B-1.2: Resolution No. 2014-034, Resolution #B-1.3:
Resolution No. 2014-035, #B-1.4: Resolution No. 2014-036)
2. De Anza Estates Assessment Districts
Ex Parte Communications:
Fiscal Impact: Annual assessments for 2014/2015 will total $40,090 for
road/drainage system maintenance and $15,875 for landscape and
lighting maintenance. These amounts will be assessed to the o wners of
parcels in De Anza Estates. The City General Fund will contribute $1,020
for the fiscal year 2014/2015 for half of the maintenance costs of the trails
and open space.
Recommendations: Council:
1. Adopt Draft Resolution A approving the final Engineer’s Report
regarding the Street and Storm Drain Maintenance District No. 03 (De
Anza Estates), and the levy and collection of annual assessments
related thereto for fiscal year 2014/2015; and,
ITEM NUMBER: A-1
DATE: 06/24/14
Atascadero City Council
June 10, 2014
Page 6 of 10
2. Adopt Draft Resolution B ordering the levy and collection of
assessments for fiscal year 2014/2015 for Street and Storm Drain
Maintenance District No. 03 (De Anza Estates); and,
3. Adopt Draft Resolution C approving the final Engineer’s Report
regarding the Landscaping and Lighting District No. 03 (De Anza
Estates), and the levy and collection of annual assessments related
thereto in fiscal year 2014/2015; and
4. Adopt Draft Resolution D ordering the levy and collection of
assessments for fiscal year 2014/2015 for Landscaping and Lighting
District No. 03 (De Anza Estates.) [Administrative Services]
Administrative Services Director Jeri Rangel gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Kelley and seconded by Mayor Pro Tem
Sturtevant to:
1. Adopt Draft Resolution A approving the final Engineer’s
Report regarding the Street and Storm Drain Maintenance
District No. 03 (De Anza Estates), and the levy and
collection of annual assessments related thereto for fiscal
year 2014/2015; and,
2. Adopt Draft Resolution B ordering the levy and collection
of assessments for fiscal year 2014/2015 for Street and
Storm Drain Maintenance District No. 03 (De Anza Estates);
and,
3. Adopt Draft Resolution C approving the final Engineer’s
Report regarding the Landscaping and Lighting District No.
03 (De Anza Estates), and the levy and collection of annual
assessments related thereto in fiscal year 2014/2015; and
4. Adopt Draft Resolution D ordering the levy and collection
of assessments for fiscal year 2014/2015 for Landscaping
and Lighting District No. 03 (De Anza Estates.)
Motion passed 5:0 by a roll-call vote. (#B-2.1: Resolution No.
2014-037, #B-2.2: Resolution No. 2014-038, #B-2.3: 2014-039,
#B-2.4: Resolution No. 2014-040)
ITEM NUMBER: A-1
DATE: 06/24/14
Atascadero City Council
June 10, 2014
Page 7 of 10
3. Woodridge (Las Lomas) Assessment Districts
Ex Parte Communications:
Fiscal Impact: Annual assessments for 2014/2015 will total $12,103 for
road/drainage system maintenance and $11,638 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in Woodridge (Las Lomas).
Recommendations: Council:
1. Adopt Draft Resolution A approving the final Engineer’s Report
regarding the Street and Storm Drain Maintenance District No. 02 –
Woodridge (Las Lomas), and the levy and collection of annual
assessments related thereto for fiscal year 2014/2015; and,
2. Adopt Draft Resolution B ordering the levy and collection of
assessments for fiscal year 2014/2015 for Street and Storm Drain
Maintenance District No. 02 – Woodridge (Las Lomas); and,
3. Adopt Draft Resolution C approving the final Engineer’s Report
regarding the Landscaping and Lighting District No. 02 – Woodridge
(Las Lomas), and the levy and collection of annual assessments
related thereto in fiscal year 2014/2015; and
4. Adopt Draft Resolution D ordering the levy and collection of
assessments for fiscal year 2014/2015 for Landscaping and Lighting
District No. 02 – Woodridge (Las Lomas.) [Administrative Services]
Administrative Services Director Jeri Rangel gave the staff report and answered
questions from the Council.
PUBLIC COMMENT:
The following citizen spoke on this item: Mike Zappas
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Moreno and seconded by Council Member
Kelley to:
1. Adopt Draft Resolution A approving the final Engineer’s
Report regarding the Street and Storm Drain Maintenance
District No. 02 – Woodridge (Las Lomas), and the levy and
collection of annual assessments related thereto for fiscal
year 2014/2015; and,
2. Adopt Draft Resolution B ordering the levy and collection
of assessments for fiscal year 2014/2015 for Street and
Storm Drain Maintenance District No. 02 – Woodridge (Las
Lomas); and,
3. Adopt Draft Resolution C approving the final Engineer’s
Report regarding the Landscaping and Lighting District No.
02 – Woodridge (Las Lomas), and the levy and collection of
annual assessments related thereto in fiscal year
2014/2015; and
ITEM NUMBER: A-1
DATE: 06/24/14
Atascadero City Council
June 10, 2014
Page 8 of 10
4. Adopt Draft Resolution D ordering the levy and collection
of assessments for fiscal year 2014/2015 for Landscaping
and Lighting District No. 02 – Woodridge (Las Lomas.)
Motion passed 5:0 by a roll-call vote. (#B-3.1: Resolution No.
2014-041, #B-3.2: Resolution No. 2014-042, #B-3.3: Resolution
No. 2014-043, #B-3.4: Resolution No. 2014-044)
C. MANAGEMENT REPORTS:
1. Solid Waste and Recycling Contract Negotiations
Fiscal Impact: Commercial businesses in town will realize lower solid
waste and recycling disposal costs, estimated at an aggregate of
$250,000 annually. City franchise fees would be reduced due to the lower
commercial garbage rates an estimated $25,000 pe r year. The City would
also realize reduced general fund expenses in meeting regulatory
compliance requirements for storm water permits (i.e. street sweeping and
trash removal).
Recommendations: Council:
1. Direct staff to bring back a contract that contains the deal points
outlined in the Atascadero Waste Alternative proposal for the exclusive
curbside collection of trash, commingled recyclables and green waste
within City limits.; and,
2. Direct staff to bring back a contract that contains the deal points
outlined in the North San Luis Obispo County Recycling, Inc. proposal
for the disposal of curbside recyclable and green waste materials
originating within the City limits. [Public Works]
Public Works Director Russ Thompson gave the staff report and answered questions
from the Council.
PUBLIC COMMENT:
The following citizen spoke on this item: Integrated Waste Management Authority’s
Manager Bill Worrell.
Mayor O’Malley closed the Public Comment period.
Ex Parte Communications
Mayor O’Malley – Has toured several facilities. He has not heard anything different than
has been presented tonight.
Council Member Kelley – Discussions with MidCoast Recycle and Waste Connections
in SLO who expressed their desire for a more transparent process.
Mayor Pro Tem Sturtevant – Toured facility in SLO, Mr. Goodrow’s facility and the
Waste Management facility.
ITEM NUMBER: A-1
DATE: 06/24/14
Atascadero City Council
June 10, 2014
Page 9 of 10
Council Member Fonzi – Spoke with Mr. La Barbera on the phone about his concerns
and also received correspondence from Mr. Goodrow/Mid State.
Council Member Moreno – Has had no additional contact since the April meeting.
Mayor O’Malley recessed the meeting at 7:35 p.m.
Mayor O’Malley reconvened the meeting at 7:47 p.m.
PUBLIC COMMENT:
The following citizens spoke on this item: Doug Corcoran, Kelly Aster, Brad Goodrow,
Mike Zappas, Jim Patterson, Linda Hendy, Ron Valermino, Mr. Lara, and Mike Fredrick
(Exhibit A).
Mayor O’Malley closed the Public Comment period.
There was lengthy Council discussion on this issue.
MOTION: By Council Member Moreno and seconded by Mayor Pro Tem
Sturtevant to:
1. Direct staff to bring back a contract that contains the deal
points outlined in the Atascadero Waste Alternative
proposal for the exclusive curbside collection of trash,
commingled recyclables and green waste within City
limits.; and,
2. Direct staff to bring back a contract that contains the deal
points outlined in the North San Luis Obispo County
Recycling, Inc. proposal for the disposal of curbside
recyclable and green waste materials originating within the
City limits.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
The City Council Members made brief announcements.
D. COMMITTEE REPORTS: None
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURNMENT
ITEM NUMBER: A-1
DATE: 06/24/14
Atascadero City Council
June 10, 2014
Page 10 of 10
Mayor O’Malley adjourned the meeting at 9:28 p.m.
MINUTES PREPARED BY:
______________________________________
Marcia McClure Torgerson, C.M.C.
City Clerk / Assistant to the City Manager
The following exhibit is available for review in the City Clerk’s office:
Exhibit A – Handout from Mike Fredrick
ITEM NUMBER: A-2
DATE: 06/24/14
Atascadero City Council
Staff Report – Public Works Department
Oakhaven Public Improvements Acceptance
and Letter of Credit Release and Reduction
1155 El Camino Real
RECOMMENDATIONS:
Council:
1. Accept and certify the satisfactory completion of frontage improvements related
to Encroachment Permit BLD 2013-10779, Tract 2614, Oakhaven Development;
and,
2. Authorize staff to release the Labor and Material Letter of Credit for $187,041.00,
and authorize the reduction of the Performance Letter of Credit for $374,082.00
to 10% of the original amount, or $37,408.00, for the one year maintenance
warranty period; and,
3. Authorize staff to release the 10% Maintenance W arranty Letter of Credit upon
satisfactory completion of the one year maintenance period.
DISCUSSION:
The Oakhaven Development Project is located at 1155 El Camino Real. The project
includes approximately 300 feet of public road frontage along El Camino Real. The El
Camino Real frontage was required to be widened to accommodate the installation of
curb, gutter, sidewalk, bike lanes, drainage pipes and new striping. City staff has
inspected the improvements and has determined that they are substantially complete.
Municipal Code Section 11-8.19 (b) states that the Council shall, upon report by the City
Engineer, accept and certify the satisfactory completion of the improvement work prior
to any release of improvement security covering such work. The City Engineer has
observed the completed work and is satisfied t hat it has been completed in accordance
with the City permitted plans. Municipal Code Section 11-8.19(a) allows the City
Engineer to retain a portion of the Improvement security to guarantee and warranty the
improvements for one year. The City Engineer has determined that a 10% Maintenance
ITEM NUMBER: A-2
DATE: 06/24/14
Letter of Credit that is 10% of the Original Performance Letter of Credit would provide
the needed security amount.
FISCAL IMPACT: None
ATTACHMENT: Exhibit A: As-Built Plan Sheet 3
ITEM NUMBER: A-2
DATE: 06/24/14
Exhibit A
As-Built Plan Sheet 3
1155 El Camino Real
Dan Silverie
ITEM NUMBER: B-1
DATE: 06/24/14
City Council Agenda Report
Staff Report – Public Works Department
Placement of Sewer Service Charges on the
2014-2015 Property Tax Rolls
RECOMMENDATION:
Council adopt the Draft Resolution placing sewer service charges on the 2014-2015
property tax rolls.
DISCUSSION:
The Atascadero Municipal Code provides for the collection of sewer service charges on
the general County tax bills. Charges have been collected in this manner since the
County Sanitation District was dissolved in 1984. The attached Resolution has been
prepared to accomplish the necessary collection through the 2014-2015 property tax
bills. There has been no increase in the sewer service rates. A Notice of Public Hearing
has been published noticing this action.
The relevant area of discussion during the public hearing is whether or not the property
owner is responsible for all or any portion of the sewer service charge that is listed on
Exhibit A of the Draft Resolution. Any questions or concerns received during the public
hearing should be referred to staff for resolution prior to submitting the charges to the
County Auditor by the July 18, 2014 deadline.
FISCAL IMPACT:
The City will bill $1,758,880.82 in sanitation service charges for Fiscal Year 2014-2015.
ATTACHMENT:
Draft Resolution
ITEM NUMBER: B-1
DATE: 06/24/14
ATTACHMENT: 1
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO ADOPTING SERVICE CHARGES TO BE ADDED TO
THE 2014-2015 PROPERTY TAX ROLLS
WHEREAS, the City Council of the City of Atascadero (hereafter referred to as City
Council) has duly held a public hearing concerning the addition of the 2014-2015 service charges
to the 2014-2015 property tax bills; and,
WHEREAS, due notice was given to the public in accordance with Section 5473 of the
Health and Safety Code; and,
WHEREAS, at said hearing the attached report marked “Exhibit A” containing such
charges was duly received by said council; and,
WHEREAS, at said public hearing opportunity was given for filing objections and
protests and for presentation of testimony of other evidence concerning same; and,
WHEREAS, it is in the public interest that this body adopt the charges and determine
and confirm the report presented at the hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Atascadero, as follows:
Section 1. That the recitals set forth hereinabove are true, correct and valid.
Section 2. That the City Council hereby adopts the service charges set forth on the
attached report marked “Exhibit A” which is hereby expressly incorporated herein by reference
as though here fully set forth; and the City Council hereby determines and confirms the report
containing such charges as set forth in said “Exhibit A” and hereby further determines and
confirms that each and every service charge set forth in said report is true and accurate and is in
fact owed.
Section 3. That the charges as so confirmed and determined and adopted shall appear as
separate items on the tax bill of each parcel listed in said report, and such charges shall be
collected at the same time and in the same manner as ordinary County ad valorem taxes are
collected, and are subject to the same penalties in the same procedure and sale in case the
delinquency is provided for such taxes.
Section 4. The City Clerk shall file a certified copy of this resolution and said Exhibit A
with the County Auditor upon its adoption.
Section 5. This resolution is approved by at least a two-thirds vote of said Council.
ITEM NUMBER: B-1
DATE: 06/24/14
ATTACHMENT: 1
On motion by Council Member _______________and seconded by Council Member
__________________, the foregoing resolution is hereby adopted in its entirety by the following
vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
Tom O’Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C, City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM NUMBER: B-1
DATE: 06/24/14
ATTACHMENT: 1
EXHIBIT A
Due to the length of this document, it has not been reproduced as an attachment,
however, it may be reviewed in the office of the City Clerk.
ITEM NUMBER: B-2
DATE: 06/24/2014
Atascadero City Council ____________
Staff Report - City Manager
Consideration of Sales Tax Measure
RECOMMENDATION:
Council introduce for first reading by title only, the Draft Ordinance imposing a
transactions and use tax to be administered by the State Board of Equalization.
REPORT-IN-BRIEF:
The maintenance, funding and condition of the City’s infrastructure, particular ly roads,
have been a critical concern of the City Council for some time. As part of the 2013 -
2015 budget, the Council allocated funds to conduct a poll to determine how potential
voters would react to a one half cent (0.5%) sales tax increase to fund infrastructure
repairs. At the February 1, 2014 Council strategic planning session, the Council
discussed critical infrastructure needs such as roads, storm drains, parks and zoo
infrastructure, and facilities infrastructure. The poll was conducted in March to gauge
citizen’s interest in the various infrastructure needs.
As we discussed during the April 22, 2014 Council meeting, overall poll results showed
there is strong community interest in a sales tax measure, particularly if the proceeds of
the sales tax were to go primarily to roads. Based on the community interest, Council
directed staff to reach out to the commun ity with an education campaign and to receive
input from the community about a potential sales tax measure for roads.
Staff presented an informational presentation about the City roads and the potential
sales tax measure to several community groups including Kiwanis, Chamber of
Commerce Board, Rotary, Republican Women, North County Tea Party, and Realtors.
In addition a public community forum open to the public and advertised widely was held
on June 5th. At all of the presentations, staff answered ques tions and encouraged
comments on both the roads and the potential sales tax measure. Staff was also
available after each of the presentations for comments and questions. Staff received
some valuable input as a result of the meetings and as a result some of the staff
recommendations have changed from the April 22, 2014 Council report.
ITEM NUMBER: B-2
DATE: 06/24/2014
DISCUSSION:
Sales Tax Measure Process
Regarding increases to the sales tax rate, in order to make a change to any general tax
rate, the change must be approved by the voters. The City Council does not have the
authority to raise taxes, only to put a measure on the ballot. In order to place a tax
measure on the November 4, 2014 ballot, it takes a 2/3 vote of the City Council (at least
4 members). If passed by the Council and the electorate, the tax would be effective no
sooner than the first day of the first calendar quarter, commencing more than 110 days
after the adoption of the ordinance. Therefore, the tax would be effective no sooner
than April 1, 2015.
Proposition 218, approved in 1996, now requires that all City tax election measures be
placed on the same election when City Council Members are selected. The next
Council election is scheduled for November 4, 2014. Subsequent Council elections are
held every two years.
In order to place the local sales tax election on the next ballot the Council needs to act
prior to August 8, 2014. In order to provide staff enough time to submit the proper
paperwork, related resolutions and ordinances need to be decided during this June 24,
2014 Council meeting.
Advantages and Disadvantages of Sales Tax Measure
As with most policy actions, enacting an increase to the sales tax has advantages and
disadvantages. Some arguments in favor include:
It would generate additional revenue to assist in meeting the City’s long-term
needs, particularly road repairs;
Unlike property taxes, sales taxes are paid by a greater distribution of the
population (including homeowners, renters, businesses and tourists);
Sales taxes are paid based on consumption (those who can afford to spend more
pay more), and they are paid incrementally instead of in a lump sum;
The existing sales tax rate is currently at the legal minimum and lower than that
paid by most residents in California; and,
Because the tax is established by a vote of the local electorate, it cannot be taken
by the State.
Some arguments against include:
Additional taxes reduce the discretionary income of Atascadero residents;
Tax increases are not generally perceived positively by the citizenry and may
erode trust in local government.
ITEM NUMBER: B-2
DATE: 06/24/2014
Potential Impact on Local Sales
The actual amount of proposed increase in the sales tax is minimal when compared to
the actual cost of a product sold. For example, for every $100 spent, the increase
would result in an additional $0.50 paid by the consumer. Sales tax data trends show
that an increase in the sales tax rate of one half cent has no noticeable effect on the
amount of taxable goods consumers buy. In other words, in other jurisdictions where
the sales tax has been increased, the businesses did not see a decline in sales
because the sales tax rate had been increased. HDL, our sales tax consultant, does
not believe that an increase of one half cent in the sales tax rate in Atascadero will
affect local business sales volumes.
It is estimated that a half cent sales tax would generate between $1.7 million - $2.0
million annually for Atascadero.
Sales Tax Options
If the City Council decides to move forward with a sales tax measure, it will require
decisions on the following key issues in order to draft the measure:
Amount of Increase
Staff recommends that a one half cent (0.5%) be proposed as the local sales tax
override amount. As discussed in the recent roads report, this amount is
necessary in order to produce revenue sufficient to meet the needs identified.
This increase would bring the sales tax rate up to the comparable rate to that of
the other incorporated cities in the county. Below is a comparison table of the
sales tax rate in neighboring jurisdictions.
SLO COUNTY CURRENT
SALES TAX
Arroyo Grande 8%
Atascadero 7.5%
Grover Beach 8%
Morro Bay 8%
Paso Robles 8%
Pismo Beach 8%
San Luis Obispo 8%
Unincorporated
County
7.5%
Advisory Measure
The trend in the industry for local general sales tax measures is to include an
advisory measure with the tax measure. An advisory question is a type of ballot
measure in which citizens vote on a non-binding question. This allows voters to
have a say in how the additional revenues should be spent. While the advisory
measure is not legally binding on the City, it is viewed as clear direction from the
citizens to the City Council on where the voters would like to see the funds spent.
ITEM NUMBER: B-2
DATE: 06/24/2014
Staff strongly recommends an advisory measure also be placed on the ballot
stating where the funds will be spent if the measure is passed. Because repair
and maintenance of the roads polled the strongest and is the City’s biggest need,
the advisory measure should contain language stating that funds will be spent
primarily on the repair and maintenance of the City’s roadways and road
infrastructure. Based on the community input received in the last couple of
months, it is clear that some members of the community would like to see any
additional protections that the City can p ut in place to assure the public that this
general sales tax will be spent on roads.
Citizen Oversight Committee
Citizen oversight committees can also be popular with the electorate. An
oversight committee is often comprised of a group of citizens whose purpose is
to analyze how new tax monies are being spent. While some poll respondents
felt that an advisory committee added more administration, Council direction
indicates that we would establish a citizen oversight committee if the new tax is
approved.
Based on the community input received from the public during the last few
months, it is clear that an independent committee is important. Members of the
public would like to see a committee that is not dominated by City Council
appointments, but rather by the community. The draft ordinance presented
before you tonight contains language stating that the committee would consist of
two Council appointed members (citizens at large) and 7 members appointed by
individual community groups (ie, Chamber of Commerce, Kiwanis, etc.) If the
sales tax is passed by the electorate, bylaws for the committee would need to be
adopted by Council. The bylaws would clearly spell out how the community
groups appointing members of the committee would be selected.
Annual Road Report
It is important that the public be able to see where the funds are being spent in
order to give assurance that they are being spent properly. Because the tax is a
general sales tax, any proceeds from the sales tax will have to be deposited in to
the City’s general fund. Because of this, the revenues and expenditures from
this sales tax measure may be more difficult to discern in the large standard
financial reports that the City currently produces. The ordinance, therefore ,
contains language that states that the City shall produce an annual road report
that shows the fiscal year revenues from the tax, fiscal year expenditures of the
tax, and any remaining balances to be carried over into the next fiscal year. The
report will be reviewed by the Citizen Oversight Committee and then forwarded to
the City Council along with any findings or recommendations made by the
Oversight Committee. The report would also be widely distributed to the public,
through such means as the Recreation Guide, website , mailers and/or other
methods.
ITEM NUMBER: B-2
DATE: 06/24/2014
Sunset Clause
Sunset clauses state that a tax measure ends or “sunsets” after a certain period
of time. Sunset clauses can be perceived as beneficial because the tax is
temporary and voters retain control over the tax. They are particularly popular
when the tax will be used for a project of limited duration or to fund one -time
expenditures. In this case, the need for the tax is an ongoing need - repair and
maintenance of the City’s roads and infrastructure. While the poll results did not
show that a sunset clause is likely to measurably increase support for the
measure, staff is now recommending that a sunset clause be added to the
measure. As part of the public outreach that staff has done in the last couple of
months, it has become clear that a sunset clause would help build public trust.
The City would collect for the sales tax for a period of time , spending the funds
as directed and then would need to place it back on the ballot in order to continue
collection of the funds.
The draft ordinance contains a 12-year sunset period. Because there is a lag
time to start the program, begin receiving funds and design the first project, the
12-year period would allow 10 years of pavement projects prior to being placed
back on the ballot for re-up. The twelve year period is the same period that
neighboring Paso Robles currently has on their “road tax” and is appropriate for a
road program.
Attachment #2 contains a table highlighting each of the sales tax measures
currently in place in the other San Luis Obispo County cities. The original ballot
language for each of those measures is provided in Attachment #3.
Ballot Language
It is important that the language placed on the ballot clearly convey the City’s intentions ,
and it should be concise. The ballot measure itself is limited to 75 words. Staff
reviewed other cities’ ballot measures, worked with a League of California Cities
representative and a volunteer political consultant to draft the language. The draft ballot
measure was reviewed by several individuals to determine if it met the “clear, concise
and correctly convey intentions” standard. Based on the recommendations, if passed
tonight, the ballot measures will read as follows:
The advisory measure would read as follows:
ADVISORY VOTE ONLY
If the voters of the City of Atascadero approve a one half cent limited term general sales
tax increase, should the additional revenues be used for the purpose of repairing and
maintaining neighborhood roads and other roadways?
ITEM NUMBER: B-2
DATE: 06/24/2014
The ballot measure would read as follows:
MEASURE ________
To provide local funding that cannot be seized by the State, and will stay in Atascadero
to be used for such things as the repair and maintenance of neighborhood roads and
other aging roadways - Shall the City of Atascadero’s sales tax rate be temporarily
increased to include a local general sales tax of a one half cent, for a period of 12 years,
with citizen committee oversight, published annual reporting and independent financial
audits?
Pavement Maintenance Program for Sales Tax Measure
The proposed advisory measure contains language asking if the funds should be used
for “…repairing and maintaining neighborhood roads and other roadways”. During the
public outreach, there have been questions about what that would mean. Because the
advisory measure is advisory in nature and does not have an Council adopted
ordinance, there is no formally adopted definition. Council could, if the measure
passes, adopt a resolution stating what the types of things the funds would be spent on.
What does road “repairing and maintaining” mean? Road repair projects are typically
larger road projects that repair or rehabilitate the road. These projects may include cold
in-place recycling, hot-mix asphalt overlays and isolated, partial and/or full-depth road
reconstruction. Road maintenance projects are also typically large projects that are
designed to preserve those roads that are in good or fair condition. These projects may
include asphalt crack sealing, chip sealing, slurry or micro-surfacing, In this case,
“repairing and maintaining” would not include routine maintenance such as isolated
pothole repair, shoulder maintenance, vegetation control, striping projects, street crew
staffing costs or normal sign replacement. Nor would it typically include projects to
significantly widen or increase the capacity of roads, bikeways, trails or sidewalks.
What does neighborhood roads and other roadways mean? All City roads are classified
into three categories: local, collectors and arterials.
Local roads typically only serve those lots directly fronting the road and not
through traffic. These would be considered neighborhood roads and include
such roads as Tunitas Avenue, Palomar Avenue, Nogales Avenue, and
Carmelita Road.
Collector roads funnel local traffic from neighborhood roads to arterial streets.
These roads would be considered “other roadways” and would include such
roads as Santa Lucia Road, Del Rio Road, and Curbaril Avenue.
Arterial roads carry the largest amount of traffic and would also be considered
“other roadways”. Arterials include such roads as El Camino Real and Traffic
Way.
Would other costs such as drainage repairs be included? Control of surface drainage is
critical to pavement maintenance; therefore drainage repairs necessary to
ITEM NUMBER: B-2
DATE: 06/24/2014
preserve/protect/repair the surface of the road would be included in the costs of a road
repair project.
Would bridge repairs be included? Bridges are an important part of the roadway
system. A bridge structure typically lasts 50-75 years without major rehabilitation. The
asphalt/pavement on the bridge will require maintenance more often than the structure
itself. The bridge structure, however, does periodically require maintenance.
Maintaining the asphalt/pavement on the bridge structure without providing funds for
maintenance of the structure itself could eventually lead to bridge failure. The City has
historically used federal grant funds (with City matching funds) to rehabilitate bridge
structures. The City will continue to look for bridge and road grant opportunities,
potentially using the sales tax proceeds as a local match.
Will administration and overhead be charged to the projects? It is the City’s current
practice that staff time spent working directly on the project is charged to the project.
Staff time is charged for such things as design, bidding, inspection, construction
engineering and contractor oversight. Staff currently completes project time car ds that
detail the time spent on the project and what work was performed during that time.
General administration, oversight, and overhead are not charged to projects.
What other “non-road” costs might be included? Federal American with Disabilities Act
regulations now REQUIRE that any deficient disabled access improvements within the
project area must be improved to eliminate barriers. This means that if we are doing a
road improvement project and there are sidewalks in the area that do not meet current
ADA code, we MUST as part of the project bring those up to current standards. If there
are no sidewalks, we are not required to install new facilities as part of the project.
Process
As part of this agenda item, Council needs to consider whether to place the ballot
measure on the November 2014 ballot. If Council chooses to let the voters decide
whether they want a one half cent sales tax increase for such things as the repair and
maintenance of roads, then Council must adopt the attached ordinance. The attached
ordinance would then become the full text of the sales tax measure. The advisory
measure does not require an ordinance. The City Clerk will be bringing to the City
Council the appropriate Resolution to add an advisory measure to the November 2014
ballot.
Council must also take other actions regarding the mechanics of placing the ballot
measure on the ballot. Those actions are described fully under the staff report for the
Election Resolution agenda item also being considered tonight. The agenda package
calling for the election includes the draft resolutions needed if Council adopts the
ordinance tonight placing the potential sales tax measure on the ballot and the draft
resolution needed if Council fails to adopt the ordinance.
If passed tonight the ordinance would be brought back before the Council on July 8,
2014 for second reading.
ITEM NUMBER: B-2
DATE: 06/24/2014
FISCAL IMPACT:
The proposed sales tax measure would generate an estimated $1.7 - $2.0 million in
additional annual revenue. The total cost of placing the measures on the ballot is
estimated to be approximately $6,500 of budgeted General Funds.
ALTERNATIVES:
1. Council may not pursue an increase to the sales tax rate.
ATTACHMENTS:
1. Draft Ordinance A, Imposing a Transactions and Use Tax to be Administered by
the State Board of Equalization.
2. Table detailing particulars of Other San Luis Obispo County sales tax measures
3. Sales Tax Ballot measure language for other San Luis Obispo County
jurisdictions.
ITEM NUMBER: B-2
DATE: 06/24/2014
ATTACHMENT: 1
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY OF ATASCADERO
IMPOSING A TRANSACTIONS AND USE TAX TO BE
ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
Section 1. TITLE. This ordinance shall be known as the Atascadero Transactions and Use
Tax Ordinance. The city of Atascadero hereinafter shall be called "City." This ordinance shall
be applicable in the incorporated territory of the City.
Section 2. OPERATIVE DATE. "Operative Date" means the first day of the first calendar
quarter commencing more than 110 days after the adoption of this ordinance, the date of such
adoption being as set forth below.
Section 3. PURPOSE. This ordinance is adopted to achieve the following, among other
purposes, and directs that the provisions hereof be interpreted in order to accomplish those
purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section
7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall
be operative if a majority of the electors voting on the measure vote to approve the imposition of
the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales and Use Tax Law of the State of Cali fornia insofar as those
provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of
Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a
measure therefore that can be administered and collected by the State Board of Equalization in a
manner that adapts itself as fully as practicable to, and requires the least possible deviation from,
the existing statutory and administrative procedures followed by the State Board of Equalization
in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a
manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of
Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions
and use taxes, and at the same time, minimize the burden of record keeping upon persons subject
to taxation under the provisions of this ordinance.
Section 4. CONTRACT WITH STATE. Prior to the operative date, the City shall contract
with the State Board of Equalization to perform all functions incident to the administration and
operation of this transactions and use tax ordinance; provided, that if the City shall not have
contracted with the State Board of Equalization prior to the operative date, it shall nevertheless
ITEM NUMBER: B-2
DATE: 06/24/2014
ATTACHMENT: 1
so contract and in such a case the operative date shall be the first day of the first calendar quart er
following the execution of such a contract.
Section 5. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal
property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the
City at the rate of 0.5 % of the gross receipts of any retailer from the sale of all tangible
personal property sold at retail in said territory on and after the operative date of this ordinance.
Section 6. PLACE OF SALE. For the purposes of this ordinance, all retail sales are
consummated at the place of business of the retailer unless the tangible personal property sold is
delivered by the retailer or his agent to an out-of-state destination or to a common carrier for
delivery to an out-of-state destination. The gross receipts from such sales shall include delivery
charges, when such charges are subject to the state sales and use tax, regardless of the place to
which delivery is made. In the event a retailer has no permanent place of business in the State or
has more than one place of business, the place or places at which the retail sales are
consummated shall be determined under rules and regulations to be prescribed and adopted by
the State Board of Equalization.
Section 7. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other
consumption in the City of tangible personal property purchased from any retailer on and after
the operative date of this ordinance for storage, use or other consumption in said territory at the
rate of 0.5 % of the sales price of the property. The sales price shall include delivery charges
when such charges are subject to state sales or use tax regardless of the place to which delivery is
made.
Section 8. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise
provided in this ordinance and except insofar as they are inconsistent with the provisions of Part
1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing
with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and
made a part of this ordinance as though fully set forth herein.
Section 9. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF
USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation
Code:
A. Wherever the State of California is named or referred to as the taxing agency,
the name of this City shall be substituted therefor. However, the substitution shall not be made
when:
1. The word "State" is used as a part of the title of the State Controller, State
Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the
Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against
this City or any agency, officer, or employee thereof rather than by or against the State Board of
ITEM NUMBER: B-2
DATE: 06/24/2014
ATTACHMENT: 1
Equalization, in performing the functions incident to the administration or operation of this
Ordinance.
3. In those sections, including, but not necessarily limited to sections re ferring
to the exterior boundaries of the State of California, where the result of the substitution would be
to:
a. Provide an exemption from this tax with respect to certain sales, storage,
use or other consumption of tangible personal property which would not otherwise be exempt
from this tax while such sales, storage, use or other consumption remain subject to tax by the
State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other
consumption of tangible personal property which would not be subject to tax by the state under
the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715,
6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase in Section
6203.
Section 10. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer
under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not
be required by this ordinance.
Section 11. EXEMPTIONS AND EXCLUSIONS.
A. There shall be excluded from the measure of the transactions tax and the use tax
the amount of any sales tax or use tax imposed by the State of California or by any city, city and
county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the
amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the
gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to
operators of aircraft to be used or consumed principally outside the county in which the sale is
made and directly and exclusively in the use of such aircraft as common carriers of persons or
property under the authority of the laws of this State, the United States, or any foreign
government.
2. Sales of property to be used outside the City which is shipped to a point
outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his
ITEM NUMBER: B-2
DATE: 06/24/2014
ATTACHMENT: 1
agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the
purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to
registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle
Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and
undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the
Vehicle Code by registration to an out-of-City address and by a declaration under penalty of
perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of
residence; and
b. With respect to commercial vehicles, by registration to a place of
business out-of-City and declaration under penalty of perjury, signed by the buyer, that the
vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the
property for a fixed price pursuant to a contract entered into prior to the operative date of this
ordinance.
4. A lease of tangible personal property which is a continuing sale of such
property, for any period of time for which the lessor is obligated to lease the property for an
amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or
lease of tangible personal property shall be deemed not to be obligated pursuant to a co ntract or
lease for any period of time for which any party to the contract or lease has the unconditional
right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use
or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions
tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and
used or consumed by such operators directly and exclusively in the use of such aircraft as
common carriers of persons or property for hire or compensation under a certificate of public
convenience and necessity issued pursuant to the laws of this State, the United States, or any
foreign government. This exemption is in addition to the exemptions provided in Sections 6366
and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price
pursuant to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible
personal property arises under a lease which is a continuing purchase of such property for any
ITEM NUMBER: B-2
DATE: 06/24/2014
ATTACHMENT: 1
period of time for which the lessee is obligated to lease the property for an amount fixed by a
lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or
other consumption, or possession of, or exercise of any right or power over, tangible personal
property shall be deemed not to be obligated pursuant to a contract or lease for any period of
time for which any party to the contract or lease has the unconditional right to terminate the
contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the
City shall not be required to collect use tax from the purchaser of tangible personal property,
unless the retailer ships or delivers the property into the City or participates within the City in
making the sale of the property, including, but not limited to, soliciting or receiving the order,
either directly or indirectly, at a place of business of the retailer in the City or through any
representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of
the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of
any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with
Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section
21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect
use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address
in the City.
D. Any person subject to use tax under this ordinance may credit against that tax
any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer
liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code
with respect to the sale to the person of the property the storage, use or other consumption of
which is subject to the use tax.
Section 12. AMENDMENTS. All amendments subsequent to the effective date of this
ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use
taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and
Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and
Taxation Code, shall automatically become a part of this ordinance, provided however, that no
such amendment shall operate so as to affect the rate of tax imposed by this ordinance.
Section 13. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of
mandate or other legal or equitable process shall issue in any suit, action or proceeding in any
court against the State or the City, or against any officer of the State or the City, to prevent or
enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation
Code, of any tax or any amount of tax required to be collected.
Section 14. CITIZENS’ OVERSIGHT COMMITTEE. There shall be a permanent
citizens’ advisory committee called the “Citizens’ Oversight Committee” (hereafter
ITEM NUMBER: B-2
DATE: 06/24/2014
ATTACHMENT: 1
“Committee”) which shall annually review revenues and expenditures from the collection of the
tax. The committee shall have 9 members. Seven members shall be appointed to the committee
by individual Atascadero community groups. Two members shall be appointed by the City
Council. Appointees shall be residents of the City; however, no member of the Committee shall
be an elected official.
Section 15. ANNUAL ROAD REPORT. An Annual Road Report shall be prepared
by the City no later than the last day of the sixth month following the end of each City fiscal
year. The Report shall be submitted to the Citizens’ Oversight Committee for review. The
Committee will submit their findings and conclusions to the City Council. The Report will also
be made available to the public. The Annual Road Report shall detail the prior fiscal year’s
activities related to the retail transaction and use tax. The Report shall include revenues
generated by the Transaction and Use Tax, expenditures (in summary form), funds carried over
from previous fiscal years, and any remaining funds to be carried over for expenditure in
subsequent fiscal years.
Section 16. INDEPENDENT ANNUAL FINANCIAL AUDIT. The amount generated
by this new general purpose revenue source and how it was used shall be included in the annual
audit of the City’s financial operations by an independent certified public accountant.
Section 17. TWELVE-YEAR SUNSET. The authority to levy a retail transaction and
use tax shall expire twelve years from the operative date of this ordinance, unless extended by
the voters of the City in the manner provided by law.
Section 18. EFFECTIVE DATE. This ordinance relates to the levying and collecting
of the City transactions and use taxes and shall take effect 10 days after the election results are
declared by the City Council (CA Elections Code §9217). The operative date (Section 2) will be
the first day of the first calendar quarter commencing more than 110 days after the adoption of
this ordinance, which will be April 1, 2015.
Section 19. SEVERABILITY. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, the remainder of the ordinance and the application
of such provision to other persons or circumstances shall not be affected thereby.
Section 20. PUBLISHING OF ORDINANCE. A summary of this ordinance, approved by
the City Attorney, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper
published and circulated in the Cit y of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk’s Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
ITEM NUMBER: B-2
DATE: 06/24/2014
ATTACHMENT: 1
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., Tom O’Malley, Mayor
City Clerk
APPROVED AS TO FORM:
______________________________
Brian A. Pierik, City Attorney
ITEM NUMBER: B-2
DATE: 06/24/2014
ATTACHMENT: 2
Table of Sales Tax Measures - SLO County
Year
Passed City
Amt. of
Tax Advisory Committee? Annual Report? Sunset? Notes
2006 Arroyo
Grande
0.50% No.
City mails an Annual
Report to each
household. The City also
conducts a public
hearing every five years
to consider or repeal of
the tax increase.
Yes.
Sent to each
household in the
community.
No
2006 Grover Beach 0.50% Yes.
Council appointed a
Citizen Committee to
review the Annual
Report and provide a
report to the Council.
Yes No
2006 Morro Bay 0.50% Yes.
5-member Citizens
Oversight Committee
appointed by the
Council semi-annually
reviews revenues and
expenditures.
Yes, semi-annual No
2012 Paso Robles 0.50% Yes. There is no
mention of a Committee
in Ordinance. Council
did adopt by-laws for an
Advisory Committee.
No Yes
12 years
4/1/2025
2008 Pismo Beach 0.50% No Semi-annual
Report to Council
from City
Manager.
Yes
6 1/2
years
4/1/2015
June
Election
2006 San Luis
Obispo
0.50% No.
The City invites the
entire community
annually to a Citizen
Oversight forum to
review the use of the
revenue generated by
this tax.
Yes.
Sent to each
household in the
community.
Yes
8 years
4/1/2015
ITEM NUMBER: B-2
DATE: 06/24/2014
ATTACHMENT: 3
Sales Tax Ballot Measure Language
San Luis Obispo County
(prior to 2014)
Arroyo Grande
Advisory Measures:
ADVISORY MEASURE K-06
ADVISORY VOTE ONLY
If the proposed sales tax measure (Measure O-06) is approved, should a portion of the
proceeds be used to fund transportation improvements, including, but not limited to,
upgrade of the Brisco Road/Halcyon Road – Highway 101 Interchange?
ADVISORY MEASURE L-06
ADVISORY VOTE ONLY
If the proposed sales tax measure is approved, should a portion of the proceeds be
used to fund maintenance and upgrade of the City’s infrastructure, including, but not
limited to, street maintenance and improvements, upgrade of the drainage sy stem, and
projects to prevent pollution, erosion and sedimentation in the creek system from storm
water runoff?
ADVISORY MEASURE M-06
ADVISORY VOTE ONLY
If the proposed sales tax measure (Measure O-06) is approved, should a portion of the
proceeds be used to fund public safety expenses, including, but not limited to,
expansion of the Police Station, purchase of Fire apparatus, and additional Fire
Department staffing?
ADVISORY MEASURE N-06
ADVISORY VOTE ONLY
If the proposed sales tax measure (Measure O-06) is approved, should a portion of the
proceeds be used to fund improvements to City facilities to meet Federal Americans
with Disabilities Act (ADA) requirements, including, but not limited to, upgrade of the
City Hall Complex?
Ballot Measure:
MEASURE #O-06
Shall an Ordinance be adopted enacting a one half cent sales tax to fund community
needs, with a requirement to publish and distribute an annual report to each household
on the revenues and expenditures from the proceeds, and requiring a review and publ ic
hearing by the City Council every five years to determine whether it is necessary for the
sales tax to remain in effect?
ITEM NUMBER: B-2
DATE: 06/24/2014
ATTACHMENT: 3
______________________________________________________________________
Grover Beach
Ballot Measure:
MEASURE X-06
VITAL CITY SERVICES PROTECTION
Shall the City of Grover Beach sales tax be increased by one -half percent (0.5%) and a
citizens’ oversight committee be created to help preserve the safety and character of
Grover Beach by funding essential services, including the Police a nd Fire Departments,
repair potholes and fix city streets and sidewalks, increase recreation opportunities for
senior and youth, improve city parks and beach access, and other general city
services?
Morro Bay
Ballot Measure:
MEASURE Q-06
The Morro Bay Vital Public Services Restoration and Protection Measure. To
preserve Morro Bay’s safety and character by funding essential services including
upgrading firefighter/paramedic equipment, fire stations, police, street and pothole
repairs, improving storm drains to protect the bay from pollution, and other general city
services, shall an ordinance be adopted increasing the City sales tax by one -half cent,
subject to independent annual financial audits, and establishing an independent
citizens’ advisory committee to review annual expenditures?
Paso Robles
Advisory Measure:
MEASURE E-12
If the voters approve a one half of one percent City limited term general sales tax
increase, shall the additional revenues be used primarily for the purpose of repairing
and maintaining the City’s roadways?
Ballot Measure:
MEASURE F-12
To provide funding that cannot be seized by the State, but will stay in Paso Robles for
such things as street repair, maintenance, and improvement, and other vital city needs,
shall the City of Paso Robles enact a temporary one half of one percent sales tax which
will expire in 12 years?
ITEM NUMBER: B-2
DATE: 06/24/2014
ATTACHMENT: 3
______________________________________________________________________
Pismo Beach
Ballot Measure:
MEASURE C-08
The Pismo Beach Vital Public Service Protection Measure. To help preserve,
enhance and improve the infrastructure, safety and character of Pismo Beach, shall an
ordinance be adopted to increase the City of Pismo Beach sales tax by one -half cent for
a period of six and one half years?
San Luis Obispo
Ballot Measure:
MEASURE Y-06
San Luis Obispo Essential Services Measure: To protect and maintain essential
services – such as neighborhood street paving and pothole repair; traffic congestion
relief; public safety, including restoring eliminated traffic patrol, Fire Marshal and
fire/paramedic training positions; flood protection; senior citizen services/facilities;
neighborhood code enforcement; open space preservation and other vital general
purpose services – shall the sales tax be increased by one-half cent for eight years
only, with citizen oversight and independent annual financial audits?
ITEM: C-1
DATE: 06/24/14
Atascadero City Council
City Clerk Report
General Municipal Election
November 4, 2014
(The City Council must adopt resolutions to initiate the election process, to
combine the City’s election with the County, and to submit to the voters a sales
tax advisory measure and a sales tax ballot measure.)
RECOMMENDATIONS:
A. Council adopt the following Resolutions for the purpose of electing a Mayor, two
members to the City Council, a City Clerk, and a City Treasurer:
1. Draft Resolution A, calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 4, 2014; and,
2. 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, 2014.
OR
B. Council adopt the following Resolutions for the purpose of electing a Mayor, two
members to the City Council, a City Clerk, and a City Treasurer , and to submit
to the voters a sales tax ballot measure and advisory measure:
1. Draft Resolution C, calling and giving notice of the holding of a General
Municipal Election to be held on Tuesday, November 4, 2014; and,
2. Draft Resolution D, requesting the Board of Supervisors of the County of San
Luis Obispo to consolidate a General Municipal Election to be held on
November 4, 2014; and,
3. Draft Resolution E, setting priorities for filing written arguments regarding the
City measures and directing the City Attorney to prepare an impartial
analysis; and,
4. Draft Resolution F, providing for the filing of rebuttal arguments for City
measures submitted at Municipal Elections.
ITEM: C-1
DATE: 06/24/14
DISCUSSION:
The General Municipal Election will be held on Tuesday, November 4, 2014. The terms
of two Council Members, Brian Sturtevant and Heather Moreno, and the Mayor will
expire in November 2014. The Council Members have four-year terms and the Mayor
has a two-year term. The City Council must adopt a resolution to initiate the election
process (Draft Resolution A). Also, to combine our election with the County, the Council
must adopt a resolution requesting consolidation with the County (Draft Resolution B).
The qualifications required to run for Mayor are the same as for City Council Members;
you must be registered to vote in the City of Atascadero an d live within the Atascadero
City limits. In addition, all Council Members, whether or not they are up for re-election,
may also run for the office of elected Mayor. If a Council Member is mid -term when
she/he runs for Mayor, and is successful, the Counc il Member’s position will become
vacant. The City Council must then appoint a replacement, or call for a Special
Election, within 60 days of the position becoming vacant. The vacancy would occur in
December 2014 once the Mayor is sworn into office.
Ballot Measure for Proposed Sales Tax Increase
The City Council has considered placing a ballot measure on the November 4, 2014
ballot, proposing a sales tax increase. If the Council has decided to go ahead with this
ballot measure, specific language needs to be included in the Election Resolutions to
clarify for the San Luis Obispo County Clerk-Recorder the requested wording for the
November 4, 2014 ballots (draft Resolutions C & D).
A Resolution setting the priorities for the filing of written arguments and directing the
City Attorney to prepare an impartial analysis will need to be adopted (draft Resolution
E). The impartial analysis shall not exceed 500 words. In Resolution E, the City
Council also authorizes Council Members to write arguments in favor of the measure.
Council Members are not required to write an argument in favor of the Measure ,
however Draft Resolution E gives them the option. Registered voters may also file with
the City Clerk written arguments in favor or opposition of the ballot measure.
Arguments shall not exceed 300 words and must be signed by the author(s). The City
Clerk has fixed July 8, 2014 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 in the kiosk in
front of City Hall.
Also, the adoption of a Resolution providing for the filing of rebuttal arguments for the
ballot measure is required (draft Resolution F). The rebuttal arguments shall not
exceed 250 words. The deadline for the filing of rebuttal arguments is July 18 th, 10 days
after the deadline for the filing of the arguments in favor or opposed.
ITEM: C-1
DATE: 06/24/14
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 . Also, due to
the State reduction in funding to the Counties for election costs, the County will be
passing those costs along to the cities. The City Clerk’s estimate for the 2014 election
of officials in Atascadero is $28,500. The addition of the ballot measure and an
advisory measure is approximately $6,500. Therefore, the total estimate for the 2014
election including ballot measures is $35,000.
ATTACHMENTS:
1. Draft Resolution A
2. Draft Resolution B
3. Draft Resolution C
4. Draft Resolution D
5. Draft Resolution E
6. Draft Resolution F
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 1
DRAFT RESOLUTION A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 2014, 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, 2014, for the election of
Municipal Officers.
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, 2014, a General Municipal Election for the purpose of
electing a Mayor for the full term of two years; two Members of the City Council for the full
term of four years; a City Clerk for the full term of four years; and a City Treasurer 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 coordinate
with the County of San Luis Obispo Clerk-Recorder 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, pursuant to Election Code § 10242, 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.
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 1
SECTION 8. The City Council authorizes the City Clerk to administer said election and
all reasonable and actual election expenses shall be paid by the City upon presentation of a
properly submitted bill.
On motion by Council Member _________________ and seconded by Council Member
________________, the foregoing Resolution is hereby adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Tom O’Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 2
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 TUESDAY, NOVEMBER 4, 2014, 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, 2014, for the purpose of the election of a Mayor, two
Members of the City Council, a City Clerk and a City Treasurer; 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
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 Municipal Election with the Statewide General election on
Tuesday, November 4, 2014, for the purpose of the election of a Mayor, two Members of the
City Council, a City Clerk, and a City Treasurer.
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.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 2
On motion by Council Member _________________ and seconded by Council Member
________________, the foregoing Resolution is hereby adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Tom O’Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 3
DRAFT RESOLUTION C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 2014, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE
SUBMISSION TO THE VOTERS QUESTIONS RELATING TO
INCREASED SALES TAX
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, 2014, for the election of
Municipal Officers.
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, 2014, a General Municipal Election for the purpose of
electing a Mayor for the full term of two years; two Members of the City Council for the full
term of four years; a City Clerk for the full term of four years; and a City Treasurer for the full
term of four years.
SECTION 2. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following questions:
BALLOT MEASURE #____
ADVISORY VOTE ONLY
If the voters of the City of Atascadero approve a one half cent limited
term general sales tax increase, should the additional revenues be
used for the purpose of repairing and maintaining neighborhood
roads and other roadways?
Yes
No
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 3
BALLOT MEASURE #____
MEASURE ________
To provide local funding that cannot be seized by the State, and will
stay in Atascadero to be used for such things as the repair and
maintenance of neighborhood roads and other aging roadways -
Shall the City of Atascadero’s sales tax rate be temporarily increased
to include a local general sales tax of one-half cent, for a period of 12
years, with citizen committee oversight, published annual reporting
and independent financial audits?
Yes
No
SECTION 3. That the proposed complete text of the measure (Ordinance) submitted to
the voters is attached as Exhibit A.
SECTION 4. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 5. That the City Clerk is authorized, instructed and directed to coordinate
with the County of San Luis Obispo Clerk-Recorder 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 6. 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, pursuant to Election Code § 10242, except as
provided in § 14401 of the Elections Code of the State of California.
SECTION 7. 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 8. 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 9. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
SECTION 10. The City Council authorizes the City Clerk to administer said election and
all reasonable and actual election expenses shall be paid by the City upon presentation of a
properly submitted bill.
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 3
On motion by Council Member _________________ and seconded by Council Member
________________, the foregoing Resolution is hereby adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Tom O’Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 3
EXHIBIT: A
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY OF ATASCADERO
IMPOSING A TRANSACTIONS AND USE TAX TO BE
ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
Section 1. TITLE. This ordinance shall be known as the Atascadero Transactions and Use
Tax Ordinance. The city of Atascadero hereinafter shall be called "City." This ordinance shall
be applicable in the incorporated territory of the City.
Section 2. OPERATIVE DATE. "Operative Date" means the first day of the first calendar
quarter commencing more than 110 days after the adoption of this ordinance, the date of such
adoption being as set forth below.
Section 3. PURPOSE. This ordinance is adopted to achieve the following, among other
purposes, and directs that the provisions hereof be interpreted in order to accomplish those
purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section
7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall
be operative if a majority of the electors voting on the measure vote to approve the imposition of
the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales and Use Tax Law of the State of California insofar as those
provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of
Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a
measure therefore that can be administered and collected by the State Board of Equalization in a
manner that adapts itself as fully as practicable to, and requires the least possible deviation from,
the existing statutory and administrative procedures followed by the State Board of Equalization
in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a
manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of
Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions
and use taxes, and at the same time, minimize the burden of record keeping upon persons subject
to taxation under the provisions of this ordinance.
Section 4. CONTRACT WITH STATE. Prior to the operative date, the City shall contract
with the State Board of Equalization to perform all functions incident to the administration and
operation of this transactions and use tax ordinance; provided, that if the City shall not have
contracted with the State Board of Equalization prior to the operative date, it shall nevertheless
so contract and in such a case the operative date shall be the first day of the first calendar quarter
following the execution of such a contract.
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Section 5. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal
property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the
City at the rate of 0.5 % of the gross receipts of any retailer from the sale of all tangible
personal property sold at retail in said territory on and after the operative date of this ordinance.
Section 6. PLACE OF SALE. For the purposes of this ordinance, all retail sales are
consummated at the place of business of the retailer unless the tangible personal property sold is
delivered by the retailer or his agent to an out-of-state destination or to a common carrier for
delivery to an out-of-state destination. The gross receipts from such sales shall include delivery
charges, when such charges are subject to the state sales and use tax, regardless of the place to
which delivery is made. In the event a retailer has no permanent place of business in the State or
has more than one place of business, the place or places at which the retail sales are
consummated shall be determined under rules and regulations to be prescribed and adopted by
the State Board of Equalization.
Section 7. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other
consumption in the City of tangible personal property purchased from any retailer on and after
the operative date of this ordinance for storage, use or other consumption in said territory at the
rate of 0.5 % of the sales price of the property. The sales price shall include delivery charges
when such charges are subject to state sales or use tax regardless of the place to which delivery is
made.
Section 8. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise
provided in this ordinance and except insofar as they are inconsistent with the provisions of Part
1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing
with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and
made a part of this ordinance as though fully set forth herein.
Section 9. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF
USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation
Code:
A. Wherever the State of California is named or referred to as the taxing agency,
the name of this City shall be substituted therefor. However, the substitution shall not be made
when:
1. The word "State" is used as a part of the title of the State Controller, State
Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the
Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against
this City or any agency, officer, or employee thereof rather than by or against the State Board of
Equalization, in performing the functions incident to the administration or operation of this
Ordinance.
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 3
EXHIBIT: A
3. In those sections, including, but not necessarily limited to sections referring
to the exterior boundaries of the State of California, where the result of the substitution would be
to:
a. Provide an exemption from this tax with respect to certain sales, storage,
use or other consumption of tangible personal property which would not otherwise be exempt
from this tax while such sales, storage, use or other consumption remain subject to tax by the
State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other
consumption of tangible personal property which would not be subject to tax by the state under
the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715,
6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase in Section
6203.
Section 10. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer
under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not
be required by this ordinance.
Section 11. EXEMPTIONS AND EXCLUSIONS.
A. There shall be excluded from the measure of the transactions tax and the use tax
the amount of any sales tax or use tax imposed by the State of California or by any city, city and
county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the
amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the
gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to
operators of aircraft to be used or consumed principally outside the county in which the sale is
made and directly and exclusively in the use of such aircraft as common carriers of persons or
property under the authority of the laws of this State, the United States, or any foreign
government.
2. Sales of property to be used outside the City which is shipped to a point
outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his
agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the
purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to
registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and
undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the
Vehicle Code by registration to an out-of-City address and by a declaration under penalty of
perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of
residence; and
b. With respect to commercial vehicles, by registration to a place of
business out-of-City and declaration under penalty of perjury, signed by the buyer, that the
vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the
property for a fixed price pursuant to a contract entered into prior to the operative date of this
ordinance.
4. A lease of tangible personal property which is a continuing sale of such
property, for any period of time for which the lessor is obligated to lease the property for an
amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or
lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or
lease for any period of time for which any party to the contract or lease has the unconditional
right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use
or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions
tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and
used or consumed by such operators directly and exclusively in the use of such aircraft as
common carriers of persons or property for hire or compensation under a certificate of public
convenience and necessity issued pursuant to the laws of this State, the United States, or any
foreign government. This exemption is in addition to the exemptions provided in Sections 6366
and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price
pursuant to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible
personal property arises under a lease which is a continuing purchase of such property for any
period of time for which the lessee is obligated to lease the property for an amount fixed by a
lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or
other consumption, or possession of, or exercise of any right or power over, tangible personal
property shall be deemed not to be obligated pursuant to a contract or lease for any period of
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 3
EXHIBIT: A
time for which any party to the contract or lease has the unconditional right to terminate the
contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the
City shall not be required to collect use tax from the purchaser of tangible personal property,
unless the retailer ships or delivers the property into the City or participates within the City in
making the sale of the property, including, but not limited to, soliciting or receiving the order,
either directly or indirectly, at a place of business of the retailer in the City or through any
representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of
the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of
any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with
Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section
21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect
use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address
in the City.
D. Any person subject to use tax under this ordinance may credit against that tax
any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer
liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code
with respect to the sale to the person of the property the storage, use or other consumption of
which is subject to the use tax.
Section 12. AMENDMENTS. All amendments subsequent to the effective date of this
ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use
taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and
Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and
Taxation Code, shall automatically become a part of this ordinance, provided however, that no
such amendment shall operate so as to affect the rate of tax imposed by this ordinance.
Section 13. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of
mandate or other legal or equitable process shall issue in any suit, action or proceeding in any
court against the State or the City, or against any officer of the State or the City, to prevent or
enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation
Code, of any tax or any amount of tax required to be collected.
Section 14. CITIZENS’ OVERSIGHT COMMITTEE. There shall be a permanent
citizens’ advisory committee called the “Citizens’ Oversight Committee” (hereafter
“Committee”) which shall annually review revenues and expenditures from the collection of the
tax. The committee shall have 9 members. Seven members shall be appointed to the committee
by individual Atascadero community groups. Two members shall be appointed by the City
Council. Appointees shall be residents of the City; however, no member of the Committee shall
be an elected official.
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Section 15. ANNUAL ROAD REPORT. An Annual Road Report shall be prepared
by the City no later than the last day of the sixth month following the end of each City fiscal
year. The Report shall be submitted to the Citizens’ Oversight Committee for review. The
Committee will submit their findings and conclusions to the City Council. The Report will also
be made available to the public. The Annual Road Report shall detail the prior fiscal year’s
activities related to the retail transaction and use tax. The Report shall include revenues
generated by the Transaction and Use Tax, expenditures (in summary form), funds carried over
from previous fiscal years, and any remaining funds to be carried over for expenditure in
subsequent fiscal years.
Section 16. INDEPENDENT ANNUAL FINANCIAL AUDIT. The amount generated
by this new general purpose revenue source and how it was used shall be included in the annual
audit of the City’s financial operations by an independent certified public accountant.
Section 17. TWELVE-YEAR SUNSET. The authority to levy a retail transaction and
use tax shall expire twelve years from the operative date of this ordinance, unless extended by
the voters of the City in the manner provided by law.
Section 18. EFFECTIVE DATE. This ordinance relates to the levying and collecting
of the City transactions and use taxes and shall take effect 10 days after the election results are
declared by the City Council (CA Elections Code §9217). The operative date (Section 2) will be
the first day of the first calendar quarter commencing more than 110 days after the adoption of
this ordinance, which will be April 1, 2015.
Section 19. SEVERABILITY. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, the remainder of the ordinance and the application
of such provision to other persons or circumstances shall not be affected thereby.
Section 20. PUBLISHING OF ORDINANCE. A summary of this ordinance, approved by
the City Attorney, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper
published and circulated in the Cit y of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk’s Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 3
EXHIBIT: A
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:
CITY OF ATASCADERO
By:
Tom O’Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 4
DRAFT RESOLUTION D
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 TUESDAY, NOVEMBER 4, 2014, 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, 2014, for the purpose of the election of a Mayor, two
Members of the City Council, a City Clerk and a City Treasurer; 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 preci ncts,
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
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 Municipal Election with the Statewide General election on
Tuesday, November 4, 2014, for the purpose of the election of a Mayor, two Members of the
City Council, a City Clerk, and a City Treasurer.
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.
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 4
SECTION 6. 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 Council Member _________________ and seconded by Council Member
________________, the foregoing Resolution is hereby adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Tom O’Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 5
DRAFT RESOLUTION E
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS REGARDING CITY MEASURES AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Atascadero,
California, on November 4, 2014, at which there will be submitted to the voters the following
measures:
BALLOT MEASURE #____
ADVISORY VOTE ONLY
If the voters of the City of Atascadero approve a one half cent limited
term general sales tax increase, should the additional revenues be
used for the purpose of repairing and maintaining neighborhood
roads and other roadways?
Yes
No
BALLOT MEASURE #____
MEASURE ________
To provide local funding that cannot be seized by the State, and will
stay in Atascadero to be used for such things as the repair and
maintenance of neighborhood roads and other aging roadways -
Shall the City of Atascadero’s sales tax rate be temporarily increased
to include a local general sales tax of one-half cent, for a period of 12
years, with citizen committee oversight, published annual reporting
and independent financial audits?
Yes
No
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 authorizes the following member(s) of the City
Council:
_________________________, Council Member In Favor
_________________________, Council Member In Favor
_________________________, Council Member In Favor
_________________________, Council Member In Favor
_________________________, Council Member In Favor
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 5
to file (a) written argument(s), not exceeding 300 words regarding the City measures as
specified above by printing name(s) and signature(s) of the author(s) submitt ing it, in accordance
with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The
arguments may be changed or withdrawn until and including the date fixed by the City Clerk
after which no arguments for or against the City measure may be submitted to the City Clerk.
SECTION 2. That the city council directs the City Clerk to transmit a copy of the
measures to the city attorney, unless the organization or salaries of the office of the city attorney
are affected. The city attorney shall prepare an impartial analysis of the measures not exceeding
500 words showing the effect of the measures on the existing law and the operation of the
measures. If the measures affect the organization or salaries of the office of the city attorney, the
city clerk shall prepare the impartial analysis. The analysis shall include a statement indicating
whether the measures were placed on the ballot by a petition signed by the requisite number of
voters or by the governing body of the city. In the event the entire text of the measures is not
printed on the ballot, nor in the voter information portion of the sample ballot, there shall be
printed immediately below the impartial analysis, in no less than 10-point type, the following:
“The above statement is an impartial analysis of Ordinance No. _____. If you desire a copy of
the ordinance or measure, please call the election official’s office at 805 -470-3400 and a copy
will be mailed at no cost to you.” The impartial analysis shall be filed by the date set by the City
Clerk for the filing of primary arguments.
SECTION 3. 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 Council Member ____________ and seconded by Council Member
_________________, the foregoing Resolution is hereby adopted on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Tom O’Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 6
DRAFT RESOLUTION F
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT
MUNICIPAL ELECTIONS
WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City
Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for
city measures submitted at municipal elections;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of
California, when the elections official has selected the arguments for and against the measure
which will be printed and distributed to the voters, the elections official shall send a copy of an
argument in favor of the measure to the authors of any argument against the measure, and a copy
of an argument against the measure to the authors of any argument in favor of the measure
immediately upon receiving the arguments.
The author or a majority of the authors of an argument relating to a city measure may
prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any
other person or persons to prepare, submit or sign the rebuttal argument.
A rebuttal argument may not be signed by more than five authors.
The rebuttal arguments shall be filed with the City Clerk, signed, with the printed
name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an
organization, the name of the organization, and the printed name and signature of at least one of
its principal officers, not more than 10 days after the final date for filing direct arguments. The
rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of
Argument.
Rebuttal arguments shall be printed in the same manner as the direct arguments. Each
rebuttal argument shall immediately follow the direct argument, which it seeks to rebut.
SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments
for city measures are repealed.
SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal
election and at each municipal election after that time.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
ITEM: C-1
DATE: 06/24/14
ATTACHMENT: 6
On motion by Council Member _______________and seconded by Council Member
__________________, the foregoing Resolution is hereby adopted on the following roll call
vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Tom O’Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM NUMBER: C-2
DATE 06/24/14
Atascadero City Council
Staff Report – Community Development Department
Status Report
Dormant Building Permit Program
Phase 5 - 2014
RECOMMENDATIONS:
Council:
1. Direct staff to notify permit applicants that Phase 5 of Dormant Permit Program
will end on December 31, 2014; and,
2. Determine that permit applications that have been updated to the 2013 California
Building Code, prior to December 31, 2014, will remain valid until the 2016
California Building Code goes into effect; and,
3. Direct staff to cancel all other dormant permit applications on January 1, 2015.
DISCUSSION:
Background: Dormant permits are building permit applications that did not comply with
the 180 day processing timeframes required by the Atascadero Municipal Code in 2008:
105.3.2 Time limitation of application (2008 Atascadero Municipal Code).
Expiration of Plan Review. Applications for which no permit is issued within 180 days
following date of notification of approval/ready for issuance by the Building Division, or
applications within 180 days following date of notification of permit corrections to be
picked up or returned, shall expire by limitation, and plans and other data submitted for
review may thereafter be returned to the applicant or destroyed by the building official.
ITEM NUMBER: C-2
DATE 06/24/14
Phase 1 – 2008
In September of 2008, Council approved the Dormant Building Permit Application
Extension Program Phase 1. Phase 1 required project owners to pay all outstanding
plan check fees by February 28, 2009, and pay all additional fees and secure the permit
by June 30, 2010. This program extended the life of the dormant permit applications.
Project owners were informed that this would be a one -time-only program, and the
ramification of not participating was that the permit application would be cancelled and
all outstanding plan check fees would be required to be paid. Unpaid fe es would be sent
to a collection agency. Owners of about 200 permit applications participated in Phase 1,
and $211,660 in outstanding plan check fees were paid.
Phase 2 – 2009
In June of 2009, Council approved Phase 2 of the Dormant Building Permit Application
Program. This second phase of the program was designed to keep the remaining 300
project applications that did not participate in Phase 1 viable. Phase 2 required all
outstanding permit fees be paid by June 30, 2010, and project plans be updated to the
current Building Code by June 30, 2010. The deadline for picking up permits under
Phase 2 was June 30, 2010. The Phase 2 program had limited participation.
Phase 3 – 2010
In June of 2010, Council approved Phase 3 of the Dormant Building Permit Application
Program. Phase 3 required all outstanding plan check fees be paid and all plans be
brought up to current building code by December 31, 2011. The third phase of the
Program provided permit applications from both Phase 1 and Phase 2 with an additional
18 months before expiration. Phase 3 modified Phase 1 and Phase 2 as follows:
Phase 1: Projects that participated in Phase 1 and paid all outstanding plan
check were allowed an extended deadline, up December 31, 2010, to start
construction on the project. After June 30, 2010, a $150 processing fee was
added to cover the cost of staff time.
Phase 2: Projects that were in Phase 2 but had not recorded any progress
pursuant to the Dormant Permit Application Program were allowed an extended
timeframe to December 31, 2011.
ITEM NUMBER: C-2
DATE 06/24/14
Summary of Previous Permit Extension Programs
Time Frame Phase 1 Permits Phase 2 Permits
Expires June 30, 2010
All outstanding plan check fees
had to be paid
Deferred outstanding plan check
fees
All plans must be brought up to
current code
Phase 3 Permits (Current Program)
July 1, 2010 to
June 30, 2011
Phase I permits may be issued
$150 processing fee
Deferred outstanding plan check
fees
All plans must be brought up to
current code
$150 processing fee
July 1 to
December 31, 2011
All Phase 1 and 2 permits must be brought up to the 2011 building
code.
All outstanding plan check fees must be paid.
$150 processing fee
January 1, 2012 All permits expired
Outstanding plan check fees turned over for collections
Phase 4 – 2012
Phase 4 of the Program provided an additional two-year extension with the same rules
as Phase 3. As part of Phase 4, time extensions were limited to certain dormant
projects that have the possibility of being constructed, while permits that no longer
appear viable were cancelled.
Projects extended under Phase 4 were selected based on the following criteria:
Extend Permits (2a)
Cancelled Permits (2b)
Status of
subdivision maps
Recorded final map or active
tentative map
Expired tentative map
Scope of project Part of master plan of
development
Stand-alone project, individual
single-family residence
Status of other
permits within same
project
Part of ongoing project,
partially constructed project
No permits have been pulled,
no activity on associated
permits
Information from
property owner
Interest in developing No interest or capability to
develop now or in near future
Based on the above criteria, 282 individual permits (27 separate projects), were
extended under Phase 4 until December 31, 2013. The remaining dormant permits
expired on December 31, 2011.
ITEM NUMBER: C-2
DATE 06/24/14
Phase 5 – 2014
As part of the 2013 California Building Code adoption, the City provided a one -year
extension to the Dormant Permit Program (Phase 5) to December 31, 2014.
Analysis: At this time, Phase 5 of the Dormant Permit Program will end in
approximately 6 months (December 31, 2014). The City has seen a significant increase
in residential permit activity over the past two years. It appears that those bankrupt
projects that were going to be re-established have updated their permit applications.
The following dormant permits have already been updated to the 2013 California
Building Code and thus would remain active.
Dormant Permit Program updated to 2013 California Building Code:
1. 3F Meadows / Oak Ridge Estates
2. Southside Villas
3. Oakhaven Village
4. Oak Grove Phase 2 –People Self Help Housing
5. Las Lomas Apartments
6. Vista Dorada (Las Lomas single-family residential)
7. Dove Creek
8. Sycamore Place – Atascadero Ave planned development
9. Eagle Creek: 13006 & 13000 Atascadero
10. West Front Village - Residential
Staff is recommending the remaining dormant permits be cancelled unless the building
plans are updated to the 2013 California Building Code prior to December 31, 2014.
Permit with no activity that may expire:
1. Woodridge Townhomes – 35 Units
2. Acacia Mixed Use – 40 Units
3. Principal Mixed Use – 45 Units + Commercial
4. Colony Square – Building B, C, And D
5. West Front – Commercial Building A and B
6. Maravilla Planned Development – 13 Units
7. Rosario – 4 Units
8. Chauplin – 2 Units
Staff will begin to notify Dormant Permit Program applicants that the program will be
ending. Staff will work with applicants to explain options available if they wish to
maintain a permit application.
ITEM NUMBER: C-2
DATE 06/24/14
Some of the Dormant Permit Program applications are now over 10 years old and are
entitled to fees from the 1990’s. This has created two major concerns if the program
were to continue:
1. The City is losing a significant amount of both cost recovery permit fees and
Capital Facility Impact Fees on dormant permits. Now that the residential
construction industry has recovered, City subsidy of permit fees is no longer
justified.
2. Managing Dormant Permit Program is very labor intensive for Building Dept. staff
because the old fees and outdated plans are not supported by the current permit
system and require manual calculations and special handling. Staff has also
found that dormant projects have demanded a lot of staff assistance in order to
get projects restarted.
FISCAL IMPACT:
The Dormant Permit Program fees are significantly lower than the City’s current fee
schedule. Ending the program is expected to improve City permit revenues and Capital
Facility Impact Fees collection.
ALTERNATIVES:
1. The Council could refer the item back to staff for additional analysis and a follow-
up report.
2. The Council could direct staff to begin preparation of a 6th Phase of the Dormant
Permit Program.
ITEM NUMBER: C-3
DATE 06/24/14
Atascadero City Council
Staff Report – Public Works Department
PLN 2099-1033
Conditional Use Permit 2003-0095
Master Plan of Development for Southside Villas
9190 San Diego Way
(CenCal Ventures, LLC / Roberts)
RECOMMENDATIONS:
Council:
1. Direct staff to proceed with eminent domain proceedings to acquire the right-of-
way needed to install offsite improvements along 9198 San Diego Road fronting
APN 045-352-001 (Paul Prins); and,
2. Authorize the City Manager to execute an agreement with the developer to
recoup any and all legal, engineering, and staff costs associated with the
acquisition of the right-of-way and construction access to the Prins site.
DISCUSSION:
The proposed project consists of an application to amend Conditional Use Permit 2003 -
0095 (Master Plan of Development) for an 84-unit air space condominium development.
1. Property Owner/Applicant: Ben Efraim / CenCal Ventures, LLC, 5423 Village Road
Suite 200 Long Beach, CA 90808
2. Representative: Tim Roberts, 2015 Vista De La Vina, Templeton, CA
93465
3. Project Address: 9190 San Diego Way, Atascadero, CA 93422
APN 045-324-001 through 085
4. General Plan Designation: High Density Residential (HDR)
ITEM NUMBER: C-3
DATE 06/24/14
5. Zoning District: Residential Multi-Family (RMF-20)
6. Site Area: 3.9 net acres
7. Existing Use: Partially Vacant
8. Environmental Status: Consistent with Certified Mitigated Negative Declaration
(2003-0035) for CUP 2003-0095
Background: Southside Villas Apartments was approved by the Planning Commission
(CUP 2003-0095) as an 86 unit multi-family apartment development in October 2003. In
July 2004, the applicant revised their site plan as proposed amendments to the
approved Master Plan of Development that included increases in building size;
elimination of common laundry facilities and inclusion of individual facilities in each unit;
architectural design changes; and minor reconfigurations of open space areas in order
to sell the units as an air space condominium development.
The applicant submitted for building permits as a part of the original 2003 approval and
subsequently revised those plans based on the 2004 amendment. Building permits were
approved in 2005. The developer at the time, JRCA, commenced construction on the project
in the Fall of 2005 along with bonding for a Final Map, which was recorded in 2005. Building
A was completed in 2006 and Building B was completed in 2007. Work on Building C began
in 2006 however work was suspended in 2007.
Since 2007, the project has remained incomplete. Most of the residential units in A and B
are occupied. Building C has sat vacant since 2007 with its shell complete. The project
officially went into foreclosure in 2010.
The property was purchased out of bankruptcy in the Spring of 2012. Staff has worked with
the new applicant, CenCal Ventures, since the Winter of 2011, answering questions,
providing due diligence and guiding the proposed project revisions to ensure a high-quality
residential project that integrates the existing condo units with project that is better suited for
today’s real estate market.
Off-Site Improvements:
The Planning Commission approved amendments to the project in 2013, including
alternative road improvements along San Diego Way.
The approved project is required to provide off-site roadway improvements to San
Diego Way and El Camino real consistent with the Certified Mitigated Negative
Declaration to mitigate traffic impacts created by the project. The previous project owner
has completed some of the off-site improvements; however, significant off-site
improvements remain to be completed.
Full frontage improvements are required from the southerly project boundary to San
Diego Way. These include pave out for additional travel lanes with adequate width for
bicycles, curb, gutter, landscaping and sidewalk. The applicant has constructed an 8 -
ITEM NUMBER: C-3
DATE 06/24/14
foot landscape strip and a 5-foot sidewalk along the project frontage on San Diego
Road. El Camino Real is conditioned to be restriped for bicycles lanes and two travel
lanes in both directions and a center turn lane.
Prins Property
Analysis: Since 2012, the applicant has been working on the design of frontage
improvements along the Prins property on El Camino Real and San Diego Road. The
improvements require the acquisition of additional right -of-way at the corner of the
property and along San Diego Road. The proposed road widening and sidewalk
improvements along San Diego Road also require the reconstruction of the Prins
driveway between the residence and the street. CenCal posted a bond for the subject
work in an amount of $203,000.
Staff has been involved in the attempt to facilitate an agreement on the terms of the
acquisition over the past year. From Staff’s perspective CenCal has made relatively
minimal efforts to resolve the issue with Prins, while Prins has repeatedly made
demands unrelated to the right-of-way and or required road construction. Negotiations
are at an impasse as neither owner is willing to accept the conditions of the other to
allow construction to move forward.
Mr. Prins had recently demanded that a retaining wall and privacy fence be constructed
along the San Diego Way frontage, a storm drain constructed through the site, a circular
driveway be constructed, and that his yard area be allowed to extend into the El Camino
ITEM NUMBER: C-3
DATE 06/24/14
Real right-of-way. Staff expressed to Mr. Prins that they felt these requirements appeared to
be excessive, and not directly related to the improvements along the streets.
Over the past months Staff understood that a resolution was very close, and the terms of the
agreement included:
Cen Cal Ventures would:
1. Pay Prins $13,500 for right-of-way
2. Prepare right-of-way and right of entry documentation for recording
3. Design and improve El Camino Real frontage along Prins Propertry
4. Design and improve San Diego Way frontage along Prins Property
5. Relocate Prins fence to right-of-way line along El Camino Real
6. Reconstruct Prins existing asphalt driveway in accordance with approved plans
7. Provide Prins with indemnification during construction
Prins would in turn:
1. Sign right-of-way offer of dedications
2. Provide right of entry to allow driveway reconstruction
Since the last face to face meeting with Mr. Prins, CenCal Ventures has requested the
Council waive conditions of approval requiring the project to make improvements to San
Diego Way, stating that Mr. Prins has been unreasonable in his demands. In turn Mr. Prins
hired an attorney that prepared a letter to Mr. Efraim dated June 12, 2014 that demanded
new terms and conditions in addition to installing curb, gutter and sidewalk improvements
along the Prins frontage, namely:
CenCal Ventures must:
1. Pay Prins $21,728 for the offer of dedication
2. Reconstruct Prins existing asphalt driveway using concrete and rebar
3. Construct an 8-ft redwood fence along El Camino Real, including liquidated damages
of $250/day if it takes longer than two weeks to construct
4. Install a sewer lateral to Prins Property in El Camino Real
5. Replace tree with two replacement trees
6. Install ten 10-gallon rose bushes
7. Pay Prins $2,500 for legal fees incurred
Staff’s understands the latest demands from Mr. Prins are unacceptable to the developer
and that it is appropriate for City Council to weigh-in on the need for the San Diego Road
improvements. In such cases the City Council is required by law to either use its power
of eminent domain to acquire the right-of-way (at the developers expense), or waive the
condition to make the improvements.
Environmental Determination:
A Mitigated Negative Declaration (MND) was certified as a part of the project approval
in 2003 and recertified in 2004. The environmental analysis identified concerns
regarding potential impacts to aesthetics, land use and planning, noise, biological
resources, and traffic. Mitigation measures pertaining to these resources were
included. The Planning Commission has certified that this project will have no significant
ITEM NUMBER: C-3
DATE 06/24/14
environmental effects. Implementation of the mitigation measures, including the
improvements needed for traffic safety, would ensure that this finding remain valid. The
improvements along San Diego Way are needed for traffic and pedestrian safety as
envisioned in the original project approval.
Conclusion: The proposed development was approved with an Initial Study and Draft
Mitigated Negative Declaration, and the proposed Master Plan of Development would
have no significant environmental impacts and will not be detrimental to the general
public or working persons health, safety, or welfare. The Planning Commission made
the required findings for project approval.
The developer and adjacent owner have not been able to reach agreement on the
offsite dedication and improvements. In order to construct the necessary improvements
as conditioned, the City will need to use its power of eminent domain to acquire the
needed offer of dedication to allow construction of offsite improvements fronting the
Prins Property. The City will need to develop an agreement with the developer to
recoup any and all legal and engineering costs associated with the acquisition of the
right-of-way and construction access to the Prins site.
FISCAL IMPACT: None.
ALTERNATIVES:
1. The Council may waive Condition of Approval No. 46 related to San Diego Way
fronting the Prins Property. Staff does not recommend this alternative as it sets a
precedent; waiving public improvement requirements may:
a. Affect the validity of the Mitigated Negative Declaration
b. Affect pedestrian public safety on San Diego Road
c. Set a precedent that meeting off-site conditions is negotiable
d. Increase the City’s liability
e. Transfer the responsibility of building future improvements to the City
2. The Council may require other pedestrian and traffic safety improvements, i.e.
installation of sidewalk improvements (roughly equivalent to the proposed cost of
San Diego Way improvements) just north of the site along the west side of El
Camino Real. While staff feels this alternative improves pedestrian safety in the
area, it does not address potential pedestrian safety issues on San Diego Way.
Signs and barricades would have to be installed directing pedestrians to the El
Camino Real driveway. Staff feels this is a reasonable alternative, however it
may be difficult for the City to compel the developer to implement this alternative.
The developer would have to agree with this solution.
3. The Council may determine that more information is needed on some aspect of
the proposed conflict and may refer the item back to the applicant and staff to
develop the additional information. The Council should clearly state the type of
information that is required and move to continue the item to a future date.
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENTS:
Attachment 1: Location, General Plan, and Zoning Map
Attachment 2: Re-Certified Mitigated Negative Declaration and Initial Study
Attachment 3: Draft Resolution 2013-0010
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 1
Attachment 1: Location Map, General Plan and Zoning
Morro Rd.
CP
CR
Project Site
RMF-20
Existing General Plan Designation: HDR
Existing Zoning District: RMF-20
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 2
Attachment 2: Re-certified Mitigated Negative Declaration (2003-0035)
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
Attachment 3: Draft Resolution PC 2013-0010
Approval of Amended Master Plan of Development
DRAFT RESOLUTION PC 2013-0010
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
AN AMENDMENT TO CONDITIONAL USE PERMIT 2003-0095
(MASTER PLAN OF DEVELOPMENT)
AT 9190 San Diego Way
(CenCal Ventures, LLC / Roberts)
WHEREAS, an application has been received from CenCal Ventures, LLC (5423
Village Road Suite 200, Long Beach, CA 90808) Property Owner, and Tim Roberts, PE, Roberts
Engineering, (2015 Vista De La Vina, Templeton, CA 93465) Applicant, to consider a project
consisting of an Amendment to the Master Plan of Development (CUP 2003-0095) for a 74-unit
common lot multi-family development at 9190 San Diego Way (APN 045-324-001 through APN
045-324-085); and,
WHEREAS, the site’s current General Plan Designation is High Density Residential
(HDR); and,
WHEREAS, the site’s current zoning district is Residential Multi-Family-20 (RMF-20);
and,
WHEREAS, the Atascadero Municipal Code requires the adoption of a Master Plan of
Development, approved in the form of a Conditional Use Permit for multi -family development
over twelve (12) units; and,
WHEREAS, the Planning Commission approved the original Master Plan of
Development (CUP 2003-0095) for the site in 2003; and,
WHEREAS, the Planning Commission approved an amendment to the Master Plan of
Development (CUP 2003-0095) for the site in 2004; and,
WHEREAS, the Planning Commission approved the use of a State Density Bonus to
achieve the desired project density because the underlying zoning district was Residential Multi-
Family-16 (RMF-16) for the site in 2003 and 2004; and
WHEREAS, the previous project applicant recorded seven (7) very low income units
deed restrictions on-site in compliance with the City’s State Density Bonus ordinance in 2005;
and,
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
WHEREAS, the proposed project amendment is now consistent with maximum density
allowable in the underlying zoning district (RMF-20); and
WHEREAS, the Planning Commission has the authority to rescind project condition 7 of
Planning Commission Resolution 2004-0083 and project condition 11 of Planning Commission
Resolution 2013-0010 requiring deed restricted housing to meet the requirements of the City’s
State Density Bonus ordinance; and
WHEREAS, the Planning Commission has authority to wave five (5) very low income
deed restricted units that are not constructed; and
WHEREAS, the Planning Commission recommends that the City Council take action on
determining the maintaining or waiver of two (2) deed restricted very low income units that have
been constructed as a part of the previous project approval; and
WHEREAS, the proposed Conditional Use Permit Amendment is in substantial
conformance with Certified Mitigated Negative Declaration prepared for the original project and
made available for public review in accordance with the requirements of the California
Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit Amendment application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
Master Plan of Development Amendment; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on April 16, 2013, studied and considered the Master Plan of Development
Amendment (Amendment to CUP 2003-0095), after first studying and considering Certified
Mitigated Negative Declaration for the project (on file at City Hall), and
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of Conditional Use Permit Amendment. The
Planning Commission finds as follows:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. The proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element; and
6. The Master Plan of Development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area; and
7. The proposed project is in compliance with any pertinent City policy or criteria
adopted by ordinance or resolution of the City Council.
8. The Master Plan of Development contains additional compact spaces and motorcycle
spaces beyond the maximum allowed substitutions as permitted by the Atascadero
Municipal Code but are necessary to accommodate all parking needs generated by the
proposed project to meet the required density.
9. The Master Plan of Developments underlying zoning district is RMF-20, with
maximum amount of units allow is 93 units, therefore the proposed amendments to
the Master Plan of Development no longer require the State Density Bonus to achieve
the applicant’s proposed project density of 74 units.
SECTION 2. Approval. The Atascadero Planning Commission, in a regular session assembled
on April 16, 2013, resolved to approve an Amendment to Conditional use Permit 2003-0095, A
Master Plan of Development subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan (2013 Amendment)
EXHIBIT C: Grading and Drainage Plan (2013 Amendment)
EXHIBIT D: Landscape Plan (2013 Amendment)
EXHIBIT E: Elevations
EXHIBIT F: Lower Floor Plans
EXHIBIT G: Upper Floor Plans
EXHIBIT H: Townhouse Unit A Floor Plan (2013 Amendment)
EXHIBIT I: Townhouse Unit B Floor Plan (2013 Amendment)
EXHIBIT J: Accessory Structure Designs (Apartment Style Condos / Phase I)
EXHIBIT K: Materials Board (2013 Amendment)
EXHIBIT L: Preliminary Biological Assessment; Althouse and Mead
EXHIBIT M: Follow-up Biological Assessment, Althouse and Mead
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT N: Project Statistical Summary
EXHIBIT O: Off-site Public Improvements (2004 Amendment)
EXHIBIT P: Off-site Public Improvements Alternative
EXHIBIT Q: Parking Calculations
On motion by Commissioner____________, and seconded by Commissioner _____________
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
David Bentz
Planning Commission Chairperson
Attest:
______________________________
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Exhibit A: Conditions of Approval
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Planning Services
1. This conditional use permit shall be for a 84-74 unit multi-family
development, parking lot, and landscaping on a 4.06 gross acre site
as described on the attached exhibits and located on parcel 045-352-
002, 003, 004, 006, 007 045-324-001 through 085 regardless of
owner.
Ongoing
PS
2. The approval of this use permit shall become final and effective for the
purposes of issuing building permits fourteen (14) days following the
Planning Commission approval unless prior to the time, an appeal to
the decision is filed as set forth in Section 9-1.111(b) of the Zoning
Ordinance.
FM PS
3. The Community Development Department shall have the authority to
approve the following minor changes to the project that (1) modify the
site plan project by less than 10%, (2) result in a superior site design
or appearance, and/or (3) address a construction design issue that is
not substantive to the Master Plan of Development. The Planning
Commission shall have the final authority to approve any other
changes to the Conditional Use Permit.
BP / FM PS
4. Approval of this Conditional Use Permit shall be valid for twelve (12)
twenty-four (24) months after its effective date. At the end of the
period, the approval shall expire and become null and void unless the
project has received a building permit.
BP / FM PS
5. All exterior elevations, finish materials and colors shall be consistent
with the Master Plan of Development as shown in EXHIBIT E, H, and
I.
BP PS
6. All site development shall be consistent with the maximum intensities
described in the statistical project summary as shown on EXHIBIT L.
BP/FM PS
7. All site work, grading and site improvements shall be consistent with
the Master Plan of Development as shown in EXHIBIT B, C, and D.
BP/FM PS
8. A final landscape and irrigation plan shall be approved prior to the
issuance of building permits for the first unit of Phase II and included
as part of site improvement plan consistent with EXHIBIT D. All
exterior meters, air conditioning units, and mechanical equipment
shall be screened with landscape material. Trash/recycle container
areas shall be screened with fencing or landscape.
BP PS
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
9. All project fencing shall be consistent with EXHIBIT H and shall be
installed along the site perimeter subject to the following.
a. Fence pillars and/or wall features shall incorporate materials
consistent with the architectural theme, subject to staff approval.
b. All fencing shall be low and transparent in nature and shall not
exceed a height of 5 feet with columns at a maximum of 6 feet high.
c. Fencing shall be set back a minimum of 5 feet from the property
line at El Camino Real. No fencing shall be located along San
Diego Way.
BP PS
10. Retaining walls shall incorporate design & materials to utilize dark
color split face block or material compatible with the architectural
theme, subject to staff approval. Retaining wall adjacent to wetland
area and along project edge shall be of dark color split-face block to
blend with the natural vegetation, subject to staff approval.
GP
BP
PS
11. Affordable Housing Requirement: The applicant shall set aside 10%
of the base density units at the very low-income rate, or 20% of the
base density units at the low-income rate for a period of 30 years. At
least one three-bedroom unit shall be deed restricted.
FM, BP PS, CE
12. All exterior material finishes (stucco, materials, lighting) shall be
durable, high quality, and consistent with the elevations shown in
EXHIBIT E, H, and I. with the incorporation of the following, subject to
staff approval:
a. A minimum of two color schemes utilizing the same pallet shall
be utilized throughout the project in Phase I.
b. Phase II and Phase II color pallet shall be similar to Phase
I and be consistent with Exhibit K as amended.
c. All windows shall be of vinyl material and shall be gridded as
shown in EXHIBIT E. Windows shall be recessed from the
exterior building façade.
d. Windows on side elevations listed as “optional” shall be
included on all side elevations facing open space and parking
areas in Phase I portion of the project.
e. Tile accents shall be incorporated into the stucco pilasters at
the rear entrance patios in Phase I portion of the Project.
f. Shutters shall be placed the front, rear and side elevations
BP
PS
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
for the townhome portion of the project in Phase II and
Phase III.
g. Clay pipe vents at gable ends for attic ventilation shall be
utilized for all units in Phase II and Phase III
h. 6x6 terra cotta tile at the wainscot of the entry columns
shall be utilized for façade enhancements in Phase II and
Phase III units. This enhancement shall be applied to a
minimum of 24 units.
13. Unobstructed access shall be provided between the rear patios and
the shared common open space areas, as shown in EXHIBIT E for
Phase I constructed units. Open Space areas acting as detention
basins shall remain open and un-fenced.
FM
PS, CE
14. All trash enclosures shall be finished with non-machine finished, hand
troweled or similar stucco consistent with the proposed architecture
and consistent with EXHIBIT E.
BP
PS
15. Landscaping along the southern portion of the site, adjacent to the off-
site wetland and on-site wetland restoration area shall include native
tree and shrub plantings, as shown in Exhibit M/
BP
PS
16. Monument entry signage shall be consistent with design shown in
EXHIBIT H B, and shall include the following subject to staff approval:
Signage lettering shall be constructed of individual die cut raised
metal letters mounted on a smooth stucco face consistent with
building color and finish mosaic tile.
BP
PS
17. The pedestrian connection to the adjacent Dove Creek open space
area shall be located to adjoin pathways proposed for the adjacent
project.
BP
PS
18. The fire access portion of the driveway shall incorporate decorative
pavers and decorative removable bollards.
BP
PS
19. A pedestrian access path shall be provided from El Camino Real onto
the project site and shall connect with the internal pedestrian
pathways throughout the project.
BP
PS
20. Rear ground floor patio areas facing El Camino Real shall be
extended where possible to maximize private open space for each
unit.
BP
PS
21. Parking shade structures shall be constructed of heavy timber, or
similar metal elements, and shall be designed with a flat trellis style
BP PS
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
roof, consistent to open space entry feature trellises and subject staff
approval.
22. Workforce Housing
Prior to issuance of building permits, the applicant shall enter into a
legal agreement with the City to reserve ½ of the units to residents or
workers within the City of Atascadero, including the affordable units.
The agreement shall include the following provisions:
The units shall be offered for rent to residents or workers within the
City of Atascadero for a minimum of 60-days. During this time period
offers may only be accepted from Atascadero residents or workers;
The applicant shall provide reasonable proof to the City that at least
one of the qualified renters is a resident or worker within the City Limits
of Atascadero;
The Atascadero resident or worker restriction shall appl y to the initial
rental only;
The applicant shall identify which units will be reserved; and
The City Attorney shall approve the final form of the agreement.
FM PS, CE
23. As previously approved, removal of the 48” oak tree shall be mitigated
by the payment of $1600.00 into the tree replacement fund as
required by the tree ordinance.
24. Driveway lengths shall be a minimum of 20-feet to satisfy the
City’s parking requirements for the forty-eighty (48) proposed
townhouse units. If driveway length cannot meet 20-feet
minimums, than the driveway shall be no longer than 10-feet in
length and the project shall meet its parking requirements with
additional parking on-site
BP PS
25. The applicant shall install raised pavers, stamped and/or colored
concrete or other similar decorative feature throughout the
development for designated pedestrian crossings
BP PS/CE
26. Wrap around porches shall be utilized at end units 27, 34,
35,47,48, 53,59, 68, 60, 65 of Phase II and Phase III of the
proposed project, consistent with Exhibit B.
BP PS
27. City biologist shall review wetland mitigation progress to ensure
compliance with the certified mitigated negative declaration. Any
additional items that remain to be remedied will need to be
performed prior to final of the 1st residential unit in Phase III.
BP PS
28. City Staff shall review and approve project CC&R’s associated
with a revised condo map/plan that shall include maintenance
Condo PS
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
and access of common areas for all units within the master plan
of development project area.
Map
29. Parking calculations shall be consistent with Exhibit BP PS
30. Parking should consist of decorative pavers, grasscrete, or other
pervious decorative surface to reduce/mitigate storm water
runoff, as needed. These should be located near the park/open
space area near San Diego Way.
BP PS
Building Services
31. A soils investigation prepared by a licensed Geotechnical Engineer
is to be provided for the project. The report is to be provided at the
time of building permit submittal along with the building plans for
review by the Building Division. Recommendations contained in
the report are to be incorporated into the project plans.
BP FM
Fire Marshal
32. Provide a letter from the Atascadero Mutual Water Company
stating the minimum expected water available to the site. Amount
available must meet min. requirement specified in the California
Fire Code.
33. Show location of existing and any proposed fire hydrants. BP FD
34. Note approved address signage is to be provided. BP FD
35. Note on plans On revised on-site improvement plans fire lanes
with signage locations or red curb shall be delineated to restrict
parking as required by the Fire Authority.
BP FD
36. One additional fire hydrant shall be added to the emergency
access area off of El Camino Real, subject to the approval of the
fire marshal.
BP FD
City Engineer
Standard Conditions
37. The applicant shall enter into a Plan Check & Inspection agreement
with the City.
BP BS
38. The applicant shall be responsible for the protection, relocation
and/or alteration of existing utilities.
BP BS
39. The applicant shall install all new utilities (water, gas, electric, cable
TV and telephone) underground.
BP BS
40. The applicant shall monument all property corners for construction
control and shall promptly replace them if disturbed.
BP BS
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
41. Prior to issuance of building permits, the applicant shall submit a
grading and drainage plan with a separate sheet(s) devoted to
sedimentation and erosion control, prepared by a registered civil
engineer for review and approval by the City Engineer.
BP BS
42. Prior to the final inspection, all outstanding plan check and
inspection fees shall be paid.
BP BS
43. All construction activities shall comply with the City of Atascadero
Noise Ordinance for hours of operation.
Construction activities shall be limited to the following hours of
operation:
7 a.m. to 7 p.m. Monday through Friday
9 a.m. to 6 p.m. Saturday
No construction on Sunday
The hours of construction may be modified by the Community
Development Director upon a determination that unusually loud
construction activities are having a significant impact on the
neighbors.
Failure to comply with the above-described hours of operation may
result in withholding of inspections and possible construction
prohibitions, subject to the review and approval of the Planning
Commission.
BP BS
44. Prior to the final inspection, the applicant shall submit a written
statement from a registered civil engineer that all work has been
completed and is in full compliance with the approved plans and
the Uniform applicable Building Code (UBC).
BP BS
City Engineer
Site Specific Conditions
Public Improvements:
45. El Camino Real. Full frontage improvements are required with this
development from the southerly project boundary to San Diego
Way. These include pave out for additional travel lanes with
adequate width for bicycles, curb, gutter, landscaping and
sidewalk. The project shall install 8-foot landscape strip at the
street frontage with a 5-foot sidewalk behind it. The entire surface
of El Camino Real will be restriped for bicycles lanes and two travel
lanes in both directions and a center turn lane. The landscaping on
El Camino Real shall be irrigated, maintained and cared for by this
project.
The asphalt will transition back to the existing edge of pavement at
the south end of the project at a 5:1 ratio. Public Improvement plans
shall be submitted detailing the design for approval by the City
Engineer. Cross sections shall be submitted detailing the existing
and proposed cross fall on El Camino Real.
BP PW
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
46. San Diego Way. Full frontage improvements are required with this
development from the southerly project boundary to El Camino
Real. These include pave out, which will allow travel lanes in each
direction with room for bicycles and no parking. A 5 foot sidewalk
will be constructed from the southerly project property line to El
Camino Real.
The City Engineer authorizes the following alternative to
satisfy San Diego Way frontage improvements. Alternative
frontage improvements shall be approved by the City Engineer
and shall include the following as shown in Exhibit P:
1. Full frontage improvement across the property
frontage.
2. A mid-block crosswalk to allow access to the
Northern side of San Diego Way.
3. Any required sidewalk improvements from the Mid-
Block crosswalk to El Camino Real.
4. A pedestrian ramp at the corner of El Camino Real
and San Diego Way.
5. Signage, lighting and crosswalk lighting as required
by the City Engineer.
6. A paved 5:1 transition at the proposed North East
sidewalk transition (sidewalk where the proposed
barrier is located.
7. Speed humps and associated traffic striping.
8. A traffic Striping plan.
9. Other plans and information as required by the City
Engineer.
Traffic Calming features shall be installed at the two project entrances
on San Diego Way, subject to the approval of the City Engineer.
BP PW
47. Intersection of San Diego Way and El Camino Real. The
intersection will be raised and realigned to be perpendicular to El
Camino Real. The intersection will be restriped to allow for left and
right hand turn pockets onto El Camino Real.
BP PW
48. All public improvements shall be constructed in conformance with
the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City Engineer.
BP PW
49. A Public-Use easement shall be recorded prior to final of on-site
improvement plans outlining the use of sidewalks fronting San
Diego Way for public use.
BP PW
Drainage:
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
50. Drainage calculations are required per section 5 of Atascadero
Engineering Standards. The “Retention Areas” will be sized for the
detention of the 50 year developed storm runoff, while metering out
the 2 year undeveloped storm runoff. The offsite storm wat er flows
will be allowed to be passed through the project undetained in
drainage easements. The offsite flows and the detained onsite
flows must be released downstream in the same location,
concentration and pattern as historic flows were released, unless
the downstream owner provide written approval of a deviation.
BP PW
51. Drainage calculations shall be produced considering all areas
tributary to this property. These calculations shall be in
conformance the City of Atascadero Engineering Standards.
Submit calculations to support the design of any structures or
pipes. Closed conduits shall be designed to convey the 10 -year
flow with gravity flow; the 25-year flow with head, and provide safe
conveyance for the 100-year overflow.
BP PW
52. A Storm Water Pollution Prevention Plan shall be produced and
approved by the Regional Water Quality Control Board and the City
of Atascadero. These plans shall recommend mitigation measure
during and after construction to eliminate point and non point
source pollution. The use on onsite grading feature to pond and
percolate storm water is recommended. A filter system, mechanical
or non, shall be installed with this project. This system shall comply
with the intent of National Pollution Discharge Elimination System,
Phase II requirements.
BP PW
53. Obtain approval by the City Engineer of the grading & drainage
plan and the storm drain design & facilities.
BP PW
54. Acquire drainage easements where needed. Drainage shall cross
lot lines only where a drainage easement has been provided.
BP PW
55. Concentrated drainage from off-site areas shall be conveyed
across the project site in drainage easements.
BP PW
Transit:
56. Bus stop with shelter shall be installed on El Camino Real (south
bound) along the El Camino real Frontage. The bus stop design
shall be approved by the City Engineer. per the Public Works
Director.
BP PW
Wastewater:
57. This project proposes a sewage lift station. This lift station will meet
the following criteria:
Sewer lift stations, force mains, gravity mains, laterals and other
BP PW
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
sewer facilities shall be privately owned and maintained.
Catalogue cuts of equipment that will be installed the lift sta tion
shall be submitted and approved by the Director of Public Works.
Lift stations shall be installed with alarm dialers programmed to
notify qualified maintenance personnel when malfunctions occur.
Developer shall submit a lift station emergency continge ncy plan
that addressed protection of public health and the environment
from sewage spills and prolonged power outages.
Lift Station shall be equipped with duplex pumps.
58. Drainage piping serving fixtures which have flood level rims located
below the elevation of the next upstream manhole cover of the
public or private sewer serving such drainage piping shall be
protected from backflow of sewage by installing an approved type
backwater valve Fixtures above such elevation shall not discharge
through the backwater valve.
BP PW
59. The sewer force main crossing El Camino Real shall cross
perpendicular in the right of way.
BP PW
60. All sewer main taps will be done by the City of Atascadero. The
developers shall pay a sewer tap fee.
BP PW
61. Sewer connection permit shall be issued separately (from building
permit) after public sewer extension has been completed and has
received a satisfactory final Public Works inspection. Final project
inspection shall be contingent upon completion of the public s ewer
extension and Public Works final inspection.
BP PW
Solid Waste Conditions:
62. Atascadero Waste Alternative shall approve the location, size and
design of all solid waste facilities. The facilities shall include room
for recycling and green waste containers. The location of the
facilities will take into account the collection of the solid waste.
Solid Waste storage facility aesthetic design shall be approved
by the Community Development Director.
BP PW, PS
Atascadero Mutual Water Company
63. Prior to the start of construction, the applicant shall submit plans for
review and approval by AMWC for all existing and proposed water
distribution facilities that provide water service to the proposed
Development. The plans shall show all facilities required for fire
protection. The plans shall show all cross-connection devices
required to isolate the fire protection and landscape irrigation
systems from the domestic water system.
BP BS
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
64. Prior to the issuance of building permits, the applicant shall obtain
a “Will Serve” letter from the Atascadero Mutual Water Company
for the newly created Lots.
BP BS
65. Prior to the start of construction, the applicant shall pay all
installation and connection fees required by the Atascadero Mutual
Water Company.
BP BS
66. All water distribution facilities shall be constructed in conformance
with Atascadero Mutual Water Company standards, policies and
approved procedures. All cross-connection devices shall be
constructed in conformance with AWWA and Department of Health
Services standards.
BP BS
Mitigation Measures
Mitigation Measure 1.c.1: The following landscape mitigations shall apply:
Development along El Camino Real shall be buffered with an
informal landscape theme to include groupings of shade and
accent trees. Evergreen shall be utilized where there is heightened
visibility of the project from El Camino Real.
Fencing surrounding the private park space and the adjacent
wetland areas shall be transparent wrought iron and shall be
integrated with the final landscape plan subject to staff approval.
Development along San Diego W ay will include street trees placed
30 feet on center, landscaped common open space area, and an
appropriately landscaped pedestrian project entrance.
The project shall include landscaping of all common areas,
including slopes, common open space areas, and building
frontages.
Parking lot shade trees shall be provided within landscape fingers
and curbside landscape planters as shown in Exhibit 5. Trees shall
be large canopy trees and shall be of a scale appropriate to the
project.
All trees shall be 15 gallon size or greater and shall be double
staked.
BP PS, BS, CE 1.c.1
Mitigation Measure 1.c.2: The proposed apartments shall include a variety
of earth-tone paint and roof colors designed to blend with the surrounding
environment and reduce the potential for reflected light and glare.
BP PS, BS, CE 1.c.2
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 1.c.3: Building architecture shall include features that
emphasize vertical elements and minimize the horizontal nature of the
buildings. Such features are to be of exceptionally high design quality per
General Plan Land Use Policy 2.1.2 and shall include changes in materials,
façade undulation, and vertically emphasized window elements; or similar
treatments.
BP PS, BS, CE 1.c.3
Mitigation Measure 1.d: All lighting shall be designed to eliminate any off
site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting
fixtures to prevent offsite light spillage and glare. Building mounted fixtures
shall be designed to direct light downward. Any parking lot lighting shall be
low bollard style lighting or decorative pole lighting designed to be a
maximum of 14 feet in height. Lighting of the parking area shall be
integrated with proposed landscaping and/or covered parking elements.
Lighting at the rear of the proposed buildings shall be limited to low level
building mounted fixtures and shall be designed to produce a zero
footcandle reading at the property line.
BP PS, BS, CE 1.d.
Mitigation Measure 3.b: The project shall be conditioned to comply with all
applicable District regulations pertaining to the control of fugitive dust (PM-
10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality
Handbook.
Section 6.3: Construction Equipment
Maintain all construction equipment in proper tune according to
manufacturer’s specifications.
Fuel all off-road and portable diesel powered equipment, including but
not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes,
generator sets, compressors, auxiliary power units, with ARB certified
motor vehicle diesel fuel (Non-taxed version suitable for use off-road).
Maximize to the extent feasible, the use of diesel construction
equipment meeting the ARB’s 1996 or newer certification standard for
off-road heavy-duty diesel engines.
Install diesel oxidation catalysts (DOC), catalyzed diesels particulate
filters (CDPF) or other District approved emission reduction retrofit
services (Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
Develop a comprehensive construction activity management plan
designed to minimize the amount of large construction equipment
operating during any given time period.
Schedule of construction truck trips during non-peak hours to reduce
peak hour emissions.
Limit the length of the construction workday period, if necessary.
Phase construction activities, if appropriate.
BP, GP PS, BS, CE 3.b
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
(Continued from above)
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demolition and
building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering
frequency would be required whenever wind speeds exceed 15 mph.
Reclaimed (non-potable) water should be used whenever possible.
C. All dirt stock-pile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the approved project re-
vegetation and landscape plans should be implemented as soon as
possible following completion of any soil disturbing activities.
E. Exposed ground areas that are plann4ed to be reworked at dates
greater than one month after initial grading should be sown with a fast-
germinating native grass seed and watered until vegetation is
established.
F. All disturbed soil areas not subject to re-vegetation should be stabilized
using approved chemical soil binder, jute netting, or other methods
approved in advance by the APCD.
G. All roadways, driveways, sidewalks, etc, to be paved should be
complete as soon as possible. In addition, building pads should be laid
as soon as possible after grading unless seeding or soil binders are
used.
H. Vehicle speed for all construction vehicles shall not exceed 15 mph on
any unpaved surface at the construction site.
I. All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in accordance
with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or was off trucks and equipment leaving the site.
K. Sweep streets at the end of each day if visible soil material is ca rried
onto adjacent paved roads. Water sweepers with reclaimed water
should be used where feasible.
L. The contractor or builder shall designate a person or persons to monitor
the dust control program and to order increased watering, as
necessary, to prevent transport of dust off site. The name and
telephone number of such persons shall be provided to the APCD prior
to land use clearance for map recordation and land use clearance for
finish grading of any structure.
GP PS, BS, CE 3.b
Mitigation Measure 4.a: The project shall be conditioned to comply with all
applicable regulations developed by Althouse and Mead, Inc. in their
biological review, dated June 13, 2003 (Attachment 6).
BP, GP PS, BS, CE 4.a
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 4.b.1: The project shall be conditioned to comply with all
applicable regulations developed by Althouse and Mead, Inc. in their
biological review, dated June 13, 2003, pertaining to building location and
wetland rehabilitation methods. Implementation of the following mitigation
measures prior to, during, and following site construction will serve to avoid
and/or minimize adverse indirect impacts to Waters of the U.S. and wetlands
within the proposed project area:
A. Buildings 124/125 and 126/127 shall be relocated, eliminated, and/or
downsized to avoid significant disturbance of the designated wetland
area. The applicant will be required to comply with all requirements and
regulations set forth by governing state agencies and shall obtain the
necessary permitting as discussed below.
B. Signage shall be placed at the pedestrian pathway entrance to the
wetlands area informing users of the sensitive nature of the wetlands
habitat.
C. The applicant shall provide a full biologist report, prior to the entitlement
hearing, that identifies all sensitive habitats on and adjacent to the
project site, and certifying the proposed development plan in regards to
wetland mitigations.
D. The project applicant shall retain a qualified biologist to conduct a pre-
construction survey of the on-site wetlands area and to report the
survey results to the City. This biologist shall also place protective
fencing at the protected wetlands boundary to ensure that construction
activities do not impact the noted areas. A note to this effect shall be
placed on the approved construction/grading plans with the provision
that CDFG shall be notified if the pre-construction survey finds
additional wetland habitat on-site, and that construction work is the area
shall not proceed without specific direction from the CDFG.
E. A qualified biologist shall be present during phases of construction that
are conducted adjacent to the identified wetland habitat. The biologist
shall submit regular reports to the Community Development Department
verifying the integrity of the impacted areas. Upon project completion
and prior to final occupancy a final status report shall be prepared by
the project biologist certifying that the stated wetland protection and
mitigation measures were implemented and that the construction-
related protection and enhancement measures are no longer required.
F. Per recommendations set forth in the prepared biology review (Althouse
and Mead, Inc), the applicant shall contact the Army Corps of Engineers
prior to permit issuance and shall request authorization to install
culverts, impact degraded wetlands, and create functional wetlands
under Nationwide Permits, NW #7 Outfall Structures, NW #18 Minor
Discharges, and NW #27 Stream and Wetland Restoration Activities.
BP, GP, CA PS, BS, CE 4.b.1
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
G. Per recommendations set forth in the prepared biology review (Althouse
and Mead, Inc), the applicant shall develop a wetland mitigation site at
a ration of 2:1, based on anticipated ratios required by the Army Corps
of Engineers, which shall be located adjacent to the established
wetlands at the southerly border of the subject property and which will
be located in the area of the existing degraded wetlands habitat.
BP, GP PS, BS, CE 4.b.1
Mitigation Measure 5.b.1: Should any cultural resources be unearthed
during site development work, the provisions of CEQA -Section 15064.5, will
be followed to reduce impacts to a non-significant level.
GP PS, BS, CE 5.b.2
Mitigation Measure 6.b: The grading permit application plans shall include
erosion control measures to prevent soil, dirt, and debris from entering the
storm drain system during and after construction. A separate plan shall be
submitted for this purpose and shall be subject to review and approval of the
City Engineer at the time of Building Permit application.
BP, GP PS, BS, CE 6.b
Mitigation Measure 6.c.: A soils report shall be required to be submitted with
a future building permit by the building department.
GP BS 6.c
Mitigation Measure 8.e.f.1: Points of concentrated drainage through the
existing wetlands areas shall be addressed by the project biologist and
engineer, and subject to review and approval as identified in the Biology
section of this initial study. All proposed drainage shall be subject to the
approval of the City Engineer and shall be designed to City standards. All
site runoff shall be retained on site through the provision of on -site drainage
basins.
GP PS, BS, CE 8.e.f.1
Mitigation Measure 8.e.f.2: A Stormwater Pollution Prevention Plan
(SWPPP)/Erosion Control Plan shall be submitted and approved by the City
Engineer prior to the issuance of the building permit. The plan shall include
storm water measures for the operation and maintenance of the project for
the review and approval of the City Engineer. The Building Permit
application plans shall identify Best Management Practices (BMPs)
appropriate to the uses conducted on site that effectively prohibit the entry of
pollutants into storm water runoff.
GP PS, BS, CE 8.e.f.2
Mitigation Measure 8.e.f.3: The developer is responsible for ensuring that
all contractors are aware of all storm water quality measures and that such
measures are implemented. Failure to comply with the approved
construction Best Management Practices will result in the issuance of
correction notices, citations, or stop orders.
BP, GP PS, BS, CE 8.e.f.3
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 11.d: All construction activities shall comply with the
City of Atascadero Noise Ordinance for hours of operation, and as follows:
Construction activities shall be limited to the following hours of operation:
7 a.m. to 7 p.m. Monday through Friday
9 a.m. to 6 p.m. Saturday
No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on weekdays
and not at all on weekends.
The hours of construction may be modified by the Community Development
Director upon a determination that unusually loud construction activities are
having a significant impact on the neighbors.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions, subject to
the review and approval of the Community Development Director.
A sign shall be posted on-site with the hours of operation and a telephone
number of the person to be contacted in the event of any violations. The
details of such a sign shall be approved by staff during the Grading
Plan/Building Permit review process.
GP PS, BS, CE 11.d
Mitigation Measure 14.a.b: The project shall include a tot lot within the
communal open space area at the southern border of the site. The tot lot
shall at a minimum include a commercial-grade swing set, slide, climbing
apparatus or similar equipment on a soft surface designed for the safety and
enjoyment of young children. The tot lot shall include pedestrian connection
from throughout the project and shall include durable seating arrangements
for adults and children. The tot lot shall be landscaped and shall include
shade trees.
BP, GP PS, BS, CE 14.a.b
Mitigation Measure 15.a.b.1: Per the provided traffic study, the project shall
include the construction of full frontage improvements along San Diego Way
and El Camino Real as approved by the City Engineer and per standards
listed in the General Plan Circulation Element. Improvements are to include:
Widening of El Camino Real to allow for 2 southbound travel lanes and
class 2 bike facilities.
Widening of San Diego Way to a width of 24 feet to allow for a total of 2
travel lanes.
Curb, gutter, and sidewalk improvements along El Camino Real and
San Diego Way.
GP PS, BS, CE 15.a.b.1
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: A
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095 (Amendment #2)
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 15.a.b.2: A Bus turnout shall be provided along the El
Camino Real frontage. Facilities shall include a 5-foot width bus turnout and
shelter. The shelter shall be a City Standard shelter and shall be subject to
the approval of the City Engineer.
BP, GP PS, BS, CE 15.a.b.2
Mitigation Measure 16.c.1: Proposed drainage into the existing wetlands
areas shall be addressed by the project biologist and engineer, and subject
to review and approval as identified in the Biology section of this initial study.
BP, GP PS, BS, CE 16.c.1
Mitigation Measure 16.c.2: Drainage retention basins shall be included in the
project site and shall be subject to the approval of the City Engineer. Basins
shall be designed to accommodate all site runoff and each basin will be
maintained as designed.
BP, GP PS, BS, CE 16.c.2
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: B
EXHIBIT B: Site Plan (2013 Amendment)
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: B
EXHIBIT B: Site Plan (2013 Amendment)
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: C
EXHIBIT C: Grading and Drainage Plan
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: C
EXHIBIT C: Grading and Drainage Plan
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: D
EXHIBIT D: Landscape Plan (2013 Amendment)
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: D
EXHIBIT D: Landscape Plan (2013 Amendment)
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: D
EXHIBIT D: Landscape Plan (2013 Amendment)
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: E
EXHIBIT E: Elevations
Phase I Elevations
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: E
EXHIBIT E: Elevations
Phase II and Phase Elevations
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: F
EXHIBIT F: Lower Floor Plan
Phase I Floor Plan
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: G
EXHIBIT G: Upper Floor Plan
Phase I Floor Plan
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: H
EXHIBIT H: Townhouse A Floor Plan
Phase II and Phase II Floor Plan
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: I
EXHIBIT I: Townhouse B Floor Plan
Phase II and Phase II Floor
Plan
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: J
EXHIBIT J : Accessory Structure Designs
Phase I
See Site Plan for
proposed Signage
I
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: K
EXHIBIT K: Color and Materials Board
Phase I Colors
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: K
EXHIBIT K: Color and Materials Board
Phase II and Phase II
6x6 terra cotta tile at the wainscot of the entry
columns shall be utilized for façade enhancements in
Phase II and Phase III units. These enhancement shall
be applied to a minimum of 24 units.
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: L
EXHIBIT L: Preliminary Biological Assessment
Althouse and Meade, Inc.
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: L
EXHIBIT L: Preliminary Biological Assessment
Althouse and Meade, Inc.
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: L
EXHIBIT L: Preliminary Biological Assessment
Althouse and Meade, Inc.
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: L
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: L
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: M
EXHIBIT M: Follow-up Biological Assessment
Althouse and Meade, Inc.
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: M
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: N
EXHIBIT N: Project Statistical Summary
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: O
EXHIBIT O: Off-site Public Improvement Plan (2004 Amendment)
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: P
EXHIBIT P: Off-Site Public Improvement Alternative
ITEM NUMBER: C-3
DATE 06/24/14
ATTACHMENT: 3
EXHIBIT: Q
EXHIBIT Q: Parking Requirements
Parking Provided Number of Parking
Spaces
One-Car Garage 48 spaces
Private Driveway 48 spaces
Carports 34 spaces
Uncovered Parking 26 spaces
Uncovered Parking (compact) 26 spaces
Motorcycle Parking 8 spaces
Bicycle Racks (accommodating 5 bicycles) 5 Total
Total Number of Parking Spaces Provided 190 spaces
Parking Required 187 spaces
Net Parking +3 Spaced Over Code