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HomeMy WebLinkAboutCC_2014-08-12_Agenda Packet CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, August 12, 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 City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. Successor Agency to the Community Immediately following Redevelopment Agency of Atascadero: conclusion of the City Council Regular Session b. Conference with Labor Negotiators Government Code Section 54957.6 Agency designated representatives: Rachelle Rickard, City Manager Employee Organization: Atascadero Firefighters Bargaining Unit c. Conference with Legal Counsel – Existing Litigation Government Code Section 54956.9(d)(1) William J. Vetter et al. v. City of Atascadero Case No. CV 128276 d. Conference with Real Property Negotiators Government Code Section 54956.8 Property: 11612 Madreselva Lane Agency Negotiator: City Manager Rachelle Rickard Negotiating Parties: Bank of America Under Negotiations: Price and/or terms of payment. 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: Mayor O’Malley 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. Lighthouse Presentation A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken. 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 – July 8, 2014  Recommendation: Council approve the City Council Draft Action Minutes of July 8, 2014. [City Clerk] 2. Historic City Hall Project Bid Award: ACH-13a Exterior Lighting Fixture and Bulb Purchase  Fiscal Impact: The fiscal impact of this award will be announced at the August 12, 2014 Council meeting. The award is budgeted in CCHE grant and City Funds.  Recommendation: Council authorize the City Manager to execute a contract, with the lowest responsible bidder, in an amount to be determined at the bid opening on August 7th, 2014, for the purchase of lighting fixtures and bulbs for the Atascadero City Hall Exterior Lighting Project. [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 for 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. Introduction of a Municipal Ordinance Prohibiting the Possession and Sale of Synthetic Spices and/or Synthetic Bath Salts  Ex Parte Communications:  Fiscal Impact: None.  Recommendation: Council introduce for first reading, by title only, the Draft Ordinance adding Title 5, Chapter 16 to the Atascadero Municipal Code, prohibiting the possession and sale of certain intoxicating chemical compounds known as synthetic drugs. [Police] 2. Confirming the Cost of Vegetative Growth/Refuse Abatement  Ex Parte Communications:  Fiscal Impact: The City will receive $43,312.50 from the 2014/2015 property tax rolls in weed abatement / refuse abatement assessments.  Recommendation: Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire] 3. Title 3 Amendment - Cardroom Ordinance - Increase in the Maximum Number of Card Tables - Removal of Betting Limits  Ex Parte Communications:  Fiscal Impact: The amendment should have a modest positive fiscal impact on the City.  Recommendation: Council introduce for first reading, by title only, Draft Ordinance A amending the City’s Cardroom Ordinance. [Community Development] C. MANAGEMENT REPORTS: 1. Pending General Plan Amendment - Request for Authorization to Process PLN 2009-1346 - Halcon Road / Viejo Camino - (ConsciousBuild Atascadero, LLC / Melhouse / Kirk Consulting)  Fiscal Impact: If the project is approved for processing, it should be required to be fiscally neutral so the added residential units fund their own on-site improvements and maintenance, as well as their fair share of off - site improvements and impacts to City emergency services.  Recommendation: Adopt Draft Resolution A authorizing staff to process a proposed General Plan Amendment application with the requirement the applicant will be responsible for full staff and/or consultant costs to process the application. [Community Development] 2. Approval of Draft Resolution Authorizing a Master Agreement Between the City of Atascadero and the Successor Agency to the Community Redevelopment Agency of Atascadero  Fiscal Impact: The fiscal impact of this agreement is unknown at this time. Any expenditures made as a result of the Master Agreement would be paid using restricted bond proceeds pursuant to bond covenants.  Recommendation: City Council approve the Draft Resolution authorizing a Master Agreement between the City of Atascadero and the Successor Agency to expend excess bond proceeds. [Administrative Services] 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 TO THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the August 12, 2014 Regular Session of the Atascadero City Council was posted on August 5, 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 5th day of August, 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 meetings 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 meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office . 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 perio d is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (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: 08/12/14 Atascadero City Council July 8, 2014 Page 1 of 8 CITY OF ATASCADERO CITY COUNCIL DRAFT ACTION MINUTES Tuesday, July 08, 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: 08/12/14 Atascadero City Council July 8, 2014 Page 2 of 8 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. Conference with Real Property Negotiators (Govt. Code 54956.8) Property: 11612 Madreselva Lane Agency Negotiator: City Manager Rachelle Rickard Negotiating Parties: Bank of America Under Negotiations: Price and/or terms of payment. 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT City Attorney Pierik announced that there was no reportable action taken. REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor O’Malley called the meeting to order at 6:00 p.m. and Council Member Moreno 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, Deputy Public Works Director David Athey, Police Chief Jerel Haley, Fire Marshall Tom Peterson, and City Attorney Brian Pierik. ITEM NUMBER: A-1 DATE: 08/12/14 Atascadero City Council July 8, 2014 Page 3 of 8 APPROVAL OF AGENDA: MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem Sturtevant to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Patriotic Essay Awards presented by Chuck Ward Chuck Ward, representative of the Military Order of World Wars, introduced the past Commander of the Military Order of the World Wars, Richard Hathcock, who presented a Resolution for the High School to E.J. Rossi, Principal of Atascadero High School. Principal Rossi presented the awards to the following students: Olivia Andrad e (Kattie Andrade accepted on behalf of Olivia), Nathan Nuttall, and Michael O’Hara. A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – June 24, 2014  Recommendation: Council approve the City Council Draft Action Minutes of June 24, 2014. [City Clerk] 2. May 2014 Accounts Payable and Payroll  Fiscal Impact: $1,808,529.83  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for May 2014. [Administrative Services] 3. Temporary Road Closure - Hot El Camino Cruise Nite 2014  Fiscal Impact: No net fiscal impact. The cost of putting on the event is approximately $13,750 in budgeted funds, and it is anticipated that these costs will be fully recovered through budgeted sponsorships and entry fees.  Recommendation: Council adopt the Draft Resolution authorizing temporary road closures on Friday, August 15, 2014, for Hot El Camino Cruise Nite 2014. [Public Works] 4. Sewer System Management Plan Update  Fiscal Impact: This action has no direct impact on the City’s General Fund; however, to meet the State Water Resources Control Board’s requirements there will be financial impacts to the City’s Wastewater Enterprise Fund.  Recommendation: Council approve the City’s updated Sewer System Management Plan (SSMP) in compliance with the Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems (Water Quality Order No. 2006-0003) and direct City staff to certify the SSMP with the State Water Resources Control Board. [Public Works] ITEM NUMBER: A-1 DATE: 08/12/14 Atascadero City Council July 8, 2014 Page 4 of 8 5. Designation of Voting Delegate - League of California Cities’ Annual Conference  Fiscal Impact: None.  Recommendation: Council designate Mayor Pro Tem Sturtevant as voting delegate at the Annual Business Meeting of the League of California Cities’ Annual Conference in September 2014, and direct the City Clerk to inform the League of the designation. [City Clerk] 6. Appropriation of Funds for Road Striping and Pavement Marking  Fiscal Impact: Appropriation of $104,000 in Gas Tax Funds reserves in fiscal year 2014/2015.  Recommendation: Council appropriate $104,000 of Gas Tax Funds for road striping and pavement marking. [Public Works] 7. Sales Tax Measure - Ordinance Second Reading  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 adopt on second reading, by title only, the Draft Ordinance imposing a transactions and use tax to be administered by the State Board of Equalization. [City Manager] 8. Solid Waste Collection Contract and Recycling/Green Waste Contract  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 red uced due to the lower commercial garbage rates an estimated $25,000 per 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).  Recommendation: Council authorize the City Manager to execute a contract with Atascadero Waste Alternatives for the exclusive curbside collection of trash, commingled recyclables and green waste within City limits. [Public Works] 9. Historic City Hall Conference Room 104 - Facility Use Agreement - Atascadero Veterans Memorial Foundation  Fiscal Impact: A potential loss of rental fees the conference room might otherwise generate and a potential impact to front counter staff time.  Recommendation: Council authorize the City Manager to execute a Facility Use Agreement with the San Luis Obispo County Veterans Service Office for a one day per week use of Conference Room 104 in City Hall. [City Manager] Council Member Kelley pulled Items #7 & #8. ITEM NUMBER: A-1 DATE: 08/12/14 Atascadero City Council July 8, 2014 Page 5 of 8 MOTION: By Mayor Pro Tem Sturtevant and seconded by Council Member Fonzi to approve Item #A-1, 2, 3, 4, 5, 6, & 9 of the Consent Calendar. Motion passed 5:0 by a roll-call vote. (#A-3: Resolution No. 2014-049, #A-9: Contract No. 2014-016) Item #A-7: Council Member Kelley stated he is concerned about the addition to the Ballot Measure of the phrase, “along with other vital City needs.” The City Attorney explained why he recommended the City Council include the phrase; to clarify that this is a general tax. PUBLIC COMMENT: The following citizens spoke on this item: Jerry Clay Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Kelley and seconded by Council Member Moreno to approve Item #A-7 of the Consent Calendar. Motion passed 5:0 by a roll-call vote. (Ordinance No. 581) Item #A-8: Council Member Kelley stated that he feels this contract should have gone out for bid, and he cannot support this item. Council Member Fonzi stated that she also feels this contract should have gone out for bid, and she also cannot support this item. PUBLIC COMMENT: The following citizens spoke on this item: Jerry Clay Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Moreno and seconded by Mayor Pro Tem Sturtevant to approve Item #A-8 of the Consent Calendar. Motion passed 3:2 by a roll-call vote. (Fonzi & Kelley opposed) (Contract No. 2014-015) UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. COMMUNITY FORUM: The following citizens spoke during Community Forum: Jerry Clay, Tom Farrell, Kendal Flint - SLOCOG representative, Jerry Clay, and Kevin Campian. Mayor O’Malley closed the COMMUNITY FORUM period. ITEM NUMBER: A-1 DATE: 08/12/14 Atascadero City Council July 8, 2014 Page 6 of 8 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 $1,763,239.70 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] Deputy Public Works Director David Athey gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Council Member Moreno and seconded by Council Member Fonzi to adopt the Draft Resolution placing sewer service charges on the 2014-2015 property tax rolls. Motion passed 5:0 by a roll-call vote. (Resolution No. 2014- 050) C. MANAGEMENT REPORTS: 1. Memorandums of Understanding for the Atascadero Police Officers Association, Mid-Management/Professional Employees Association, Service Employees International Union Local 620, and Resolution for Non-Represented Professional and Management Workers and Confidential Employees  Fiscal Impact: Changes to the MOUs and Resolution for Non- Represented Employees will result in additional costs of approximately $190,000 annually.  Recommendations: Council: 1. Approve the Memorandums of Understanding (MOUs) for the Atascadero Police Officers Association, Mid-Management/Professional Employees Association, Service Employees International Union Local 620; and, 2. Adopt the Draft Resolution for Non-Represented Professional and Management Workers and Confidential Employees; and, 3. Adopt the Draft Resolution Authorizing Employer Paid Member Contributions for the Full-time employees in the Safety-Police Member Category; and, 4. Adopt the Draft Resolution Authorizing Employer Paid Member Contributions for the Full-time employees in the Safety-Fire Member Category; and, ITEM NUMBER: A-1 DATE: 08/12/14 Atascadero City Council July 8, 2014 Page 7 of 8 5. Adopt the Draft Resolution Authorizing Employer Paid Member Contributions for the Full-time employees in the Miscellaneous Member Category; and, 6. Approve the Salary Schedule for Fiscal Year 2014-2015. [City Manager] City Manager Rachelle Rickard gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Council Member Kelley and seconded by Council Member Fonzi to: 1. Approve the Memorandums of Understanding (MOUs) for the Atascadero Police Officers Association, Mid- Management/Professional Employees Association, Service Employees International Union Local 620; and, 2. Adopt the Draft Resolution for Non-Represented Professional and Management Workers and Confidential Employees; and, 3. Adopt the Draft Resolution Authorizing Employer Paid Member Contributions for the Full-time employees in the Safety-Police Member Category; and, 4. Adopt the Draft Resolution Authorizing Employer Paid Member Contributions for the Full-time employees in the Safety-Fire Member Category; and, 5. Adopt the Draft Resolution Authorizing Employer Paid Member Contributions for the Full-time employees in the Miscellaneous Member Category; and, 6. Approve the Salary Schedule for Fiscal Year 2014-2015. Motion passed 5:0 by a roll-call vote. (#C-1.1: Police Officers Association-Contract No. 2014-017, Mid-Management/Professional Employees Association- Contract No. 2014-018, Service Employees International Union Local 620-Contract No. 2014-019) (#C-1.2: Resolution No. 2014-051, #C-1.3: Resolution No. 2014- 052, #C-1.4: Resolution No. 2014-053, #C-1.5: Resolution No. 2014-054) 2. Council Update Regarding the Prohibited Camping and Smoking Ordinances  Fiscal Impact: None.  Recommendation: Council receive an oral report on this issue. [Police] Police Chief Jerel Haley gave the oral staff report and answered questions from the Council. ITEM NUMBER: A-1 DATE: 08/12/14 Atascadero City Council July 8, 2014 Page 8 of 8 PUBLIC COMMENT: None Council received this oral report. COUNCIL ANNOUNCEMENTS AND REPORTS: The City Council Members made brief announcements. D. COMMITTEE REPORTS: Council Member Kelley 1. City of Atascadero Design Review Committee – Reviewed the issued they reviewed at their last meeting. E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Clerk – City Clerk Torgerson reminded everyone of the Nuts and Bolts of Running for Office Workshop that will be held in the Council Chambers tomorrow night, July 9th at 6:00 p.m. F. ADJOURNMENT Mayor O’Malley adjourned the meeting at 8:04 p.m. MINUTES PREPARED BY: ______________________________________ Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager ITEM NUMBER: A-2 DATE: 08/12/14 Atascadero City Council Staff Report – Public Works Historic City Hall Project Bid Award: ACH-13a Exterior Lighting Fixture and Bulb Purchase RECOMMENDATION: Council authorize the City Manager to execute a contract, with the lowest responsible bidder, in an amount to be determined at the bid opening on August 7th, 2014, for the purchase of lighting fixtures and bulbs for the Atascadero City Hall Exterior Lighting Project. DISCUSSION: Project. The Historic City Hall renovation has been successfully completed with the exception of the final bid packages for the exterior lighting. The City has been working with CCHE (California Cultural and Historical Endowment) to maximize grant funding to complete the exterior lighting package as approved by the City Council . At this time, the City has secured over $91,000 in grant funding to go towards completing this final phase of the Project. The exterior lighting package includes washing the top of the dome with light, lighting each of the four tablatures, uplighting the columns on Palma and Lewis Avenue, highlighting parts of the upper rotunda and providing additional lighting at the entrance. There are some challenges associated with the exterior lighting CCHE grant because the project has to be completed and clo sed out by December 31, 2014. This means that any delay to the construction schedule could jeopardize the funding, since a late close out could mean the paperwork would not be finaled with the State. Therefore, staff researched the lead time for the equipment and bulbs and discovered that there is an eight week delivery lead time. The lead time includes manufacturing and delivery. In order to expedite construction, staff determined that bidding the purchase of lights separate from the installation would save time. Staff believes that the separate bids would ensure as small a wait time as possible, since the City would already have the equipment ordered prior to the installation award. In addition, staff stipulated that the equipment must be delivered in 45 days from the equipment award. This will ensure ITEM NUMBER: A-2 DATE: 08/12/14 that the equipment would be delivered to the City by the first week of October, which would provide the City’s contractor until the end of November to finish the project. This would allow the City to use the month of December to process the final paperwork. Lastly, the City will also get a price break on the equipment since the City would not be charged the installation contractor’s markup. Bid Award. This bid package was released for bidding on July 18, 2014. It was posted on the City’s web site, in the Atascadero News, and in 15 plan rooms. The bids will be opened on August 7, 2014, at 2:00 pm, which is after this staff report was distributed to the Council. As a result, City staff will present the lowest responsible bidders bid result at the City Council meeting on August 12, 2014. Contractor Package bid To Be Determined $To Be Determined FISCAL IMPACT: The fiscal impact of this award will be announced at the August 12, 2014 Council meeting. The award is budgeted in CCHE grant and City Funds. The current projected uses and sources of funds for the Project are as follows: ITEM NUMBER: A-2 DATE: 08/12/14 Architecture and engineering 5,169,246$ Construction costs: ACH-2 Penthouse Demolition and Hazardous Materials Abatement 145,670 ACH-3 Basement Wall and Floor Demolition (final)178,000 ACH-4 Basement Electrical Demolition and Temporary Power Installation 79,784 ACH-5 Foundation Structural Stabilization 3,839,533 ACH-8 Historic Repair & Rehabilitation 12,578,790 ACH-9L Exterior Lighting Purchase 125,000 * ACH-9 Exterior Lighting Installation 150,000 * ACH-11 Structural Steel and Miscellaneous Metals 467,409 ACH-12 Rough Carpentry 323,607 ACH-14 Audio Visual System 251,325 ACH-15 Landscape/Hardscape 583,059 ACH-16 Elevator 274,181 ACH-17 Fire Protection 269,663 ACH-18 Plumbing 696,997 ACH-19 Heating, Ventilation and Air Conditioning 878,060 ACH-20 Electrical 1,075,807 Minor Construction Contracts & General Conditions 454,131 Total construction costs 22,371,016 3,422,323 Deputy Inspection Services 407,895 Hazardous Materials Investigation & Monitoring 234,476 Permitting 180,092 Project Management 185,576 Other 77,300 Total testing, inspection, permitting and construction support 1,085,339 Contingency remaining 1,693,785 TOTAL PROJECTED FUNDING USES 33,741,709$ Awarded FEMA /CalEMA funding 15,982,955$ Expected FEMA/ CalEMA funding 3,429,190 California Cultural Historic Endowment Grant 2,233,932 Redevelopment 2010 Bond Funds 13,000,000 Other Funding 334,230 TOTAL PROJECTED FUNDING SOURCES 34,980,307$ FUNDING SURPLUS 1,238,598$ * Amounts estimated until final bids are received and project is closed out PROJECTED FUNDING USES Construction management General conditions, construction support, and permitting PROJECTED FUNDING SOURCES ITEM NUMBER: B-1 DATE: 08/12/14 Atascadero City Council Staff Report – Police Department Introduction of a Municipal Ordinance Prohibiting the Possession and Sale of Synthetic Spices and/or Synthetic Bath Salts RECOMMENDATION: Council introduce for first reading, by title only, the Draft Ordinance adding Title 5, Chapter 16 to the Atascadero Municipal Code, prohibiting the possession and sale of certain intoxicating chemical compounds known as synthetic drugs. DISCUSSION: “Bath Salts” is a moniker/name for a substance that c ontains man-made chemicals related to amphetamines that often consist of methylenedioxypyrovalerone (MDPV), mephedrone and methylone, also known as substituted cathinones. Users usually inhale the bath salts and they experience a high similar to cocaine. (The term “bath salts” being used in this report does not have any relation to a type of bath salt that one would use while taking a bath, such as Epsom salt.) Synthetic marijuana (often known as “K2” or “Spice”) consists of plant material that has been laced with substances (synthetic cannabinoids) that users claim mimics tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana, and are marketed toward young people as a legal high. Once purchased, the spice user ingests the substance, usually by smoking. Subjects who are under the influence of these substances are generally intoxicated with symptoms that mimic marijuana influence. Synthetic marijuana and “bath salt” products are often sold in legal local retail establishments under such names as “herbal incense” and “plant food,” respectively. They are labeled “not for human consumption” to mask their intended purpose and avoid FDA regulatory oversight of the manufacturing process. Atascadero retailers are selling bath salt and synthetic cannabinoids products. It is widely known that the abuse of Spice and Bath Salts have been responsible for a myriad of overdose-type reactions in people. Some of those extreme cases have been highly publicized via the internet and television. Police, Fire, and Medical calls for ITEM NUMBER: B-1 DATE: 08/12/14 service in Atascadero, related to the ingestion of spice and bath salts products , have increased tremendously since some Atascadero retailers began selling the drugs. The Drug Enforcement Agency (DEA) has been working o ver the past 24 months with Federal, Congressional, State, local, and non-governmental partners to put policies and legislation in place to combat this threat and to educate people about the tremendous health risk posed by those substances. California Health and Safety Code section 11357.5 states: “Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to sell, dispense, distribute, furnish, administer, or give, or possesses for sale any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, to any person, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.” However, manufacturers of bath salts and spice products have altered their chemical properties so as not to include the prohibited chemicals that California State Law prohibits, (Reference Appendix-1, California Health and Safety Code 11357.5) and Appendix-2, California Health and Safety Code section 11375.5). Since the Code does not prohibit the possession of currently modified synthetic spice or bath salts described above, it is not illegal to possess those substances . Therefore, creating an ordinance to ban possession of those substances would allow law enforcement the ability to confiscate synthetic spice and bath salts, whether or not any sale takes place . The ordinance will also allow police personnel to confiscate these products if retailers choose to sell them. Synthetic spice and bath salts are readily available in Atascadero. T hey are being sold in retail establishments and are also available over the Internet. Police Officers are regularly finding individuals in possession of spice and/or bath salts. This ordinance will give our Police Department the ability to address this problem in our community. Staff requests Council to consider the attached Draft Ordinance, banning the possession of synthetic bath salts and synthetic marijuana or “spice.” FISCAL IMPACT: None. The adoption of this Draft Ordinance would be limited to the time and resources dedicated to investigations of cases addressing possession of these illegal drugs. Existing resources of the Police Department would be utilized to address the investigation of cases related to this proposed ordinance, if any. ITEM NUMBER: B-1 DATE: 08/12/14 ALTERNATIVES: 1. Council may decide not to adopt an ordinance prohibiting the sale and possession of bath salts and spice products in our community. 2. Council may request staff to conduct further analysis of the ordinance prohibiting the sale and possession of bath salts and spice products in our community. ATTACHMENT: 1. Draft Ordinance ITEM NUMBER: B-1 DATE: 08/12/14 ATTACHMENT: 1 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADDING TITLE 5, CHAPTER 16 TO THE ATASCADERO MUNICIPAL CODE, PROHIBITING THE POSSESSION AND SALES OF CERTAIN INTOXICATING CHEMICAL COMPOUNDS KNOWN AS SYNTHETIC DRUGS WHEREAS, the City Council is committed to protecting the public health, safety and welfare of the community, and to meet these goals it is necessary for the City Council to adopt measures, from time-to-time, to meet threats to the public health, safety, and welfare; and WHEREAS, recreational use of Psychoactive Bath Salts, Psychoactive Herbal Incense, and similar products commonly known as “Synthetic Drugs” has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism, and death; and WHEREAS, Synthetic Drugs are extremely dangerous and are gaining popularity at an alarming rate among high school and college-aged individuals, as well as among parolees and probationers; and WHEREAS, those drugs are widely available in stores throughout the City, despite the State of California’s and the federal government’s attempt to ban such drugs; and WHEREAS, California State Law, under Health & Safety Code sections 11357.5 (banning synthetic cannabinoid compounds and derivatives) and 11375.5 (banning synthetic stimulant compounds and derivatives) and 11401 (banning “analogs” of controlled substances) (collectively “State Synthetic Drug Laws”), and Federal law, under the Controlled Substances Act (the “CSA”) (21 U.S.C. § 801, et seq.), prohibit Synthetic Drugs; and WHEREAS, although the State Synthetic Drug Laws and the CSA prohibit certain compounds that are used to create synthetic drugs, they are not comprehensive enough to eliminate the possession of all Synthetic Drugs in the City; and WHEREAS, the makers of Synthetic Drugs continually alter the composition of the compounds in their products so as to not come under the prohibition of the State Synthetic Drugs Laws, the CSA, and other laws and regulations that attempt to prohibit the sale of Synthetic Drugs; and WHEREAS, to avoid the continuing threat to public health, safety and welfare that would occur if Synthetic Drugs were permitted in the City, the City finds it necessary to declare that an individual or business which possesses Synthetic Drugs as defined herein is a threat to public health, safety and welfare and is therefore subject to the City’s administrative, criminal and civil enforcement procedures (set forth in Title 12 of the Atascadero Municipal Code) and in the case of ITEM NUMBER: B-1 DATE: 08/12/14 ATTACHMENT: 1 a business, revocation of a business license pursuant to Chapter of the Atascadero Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 5, Chapter 16 is added to the Atascadero Municipal Code to read as follows: Chapter 16 Psychoactive Bath Salts, Psychoactive Herbal Incense, and other Synthetic Drugs Sections: 16.01 Purpose and Intent 16.02 Definitions 16.03 Possession of Synthetic Drugs Prohibited 16.04 Public Nuisance 16.05 Confiscation of Synthetic Drugs 16.06 Suspension or Revocation of Business License 16.07 Penalties 16.08 Seizure of Evidence 16.09 Exclusions 16.01 Purpose and Intent A. The purpose and intent of this Chapter is to provide the City with measures to address the dangers to the community posed by Synthetic Drugs that are not regulated by State or Federal law. B. The City Council finds the dangers of Synthetic Drugs, which have been documented to cause hallucinations, agitations, psychosis, aggression, suicidal and homicidal ideations, cannibalism, and death, require regulation. C. This Chapter shall not apply to any activity already regulated by State or Federal drug laws, or any other applicable State or Federal law or regulation. 16.02 Definitions The definitions and provisions contained in this section shall govern the construction of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derived from it, or from which it is a derivative, as the case may be. A. “Business” shall have the same meaning as the term is defined in Title 3, Chapter 5 of this Code. ITEM NUMBER: B-1 DATE: 08/12/14 ATTACHMENT: 1 B. “Distribute,” “distributing,” and “distribution” shall mean to furnish, give away, exchange, transfer, deliver or supply, whether for monetary gain or not. C. “Person” shall include any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association and/or similar organization. D. “Possess,” “possessing,” and “possession,” shall mean to have for consumption, distribution, or sale in one’s actual or constructive custody or control, or under one’s authority or power, whether such custody, control, authority and/or power be exercised solely or jointly with others. E. “Provide,” “providing,” and “provision” shall mean offering to distribute or sell a product or substance to any person. F. “Psychoactive Bath Salts,” shall mean any crystalline or powder product that contains a synthetic chemical compound that, when consumed, elicits psychoactive or psychotropic stimulant effects. The term “Psychoactive Bath Salts” includes without limitation: 1. Products that elicit psychoactive or psychotropic stimulant effects and contain any of the following substances: (a) Salvia Divinorum or Salvinorum A; all parts of the plant presently classified botanically as Salvia Divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts; (b) Cathinone (2-amino-1-phenyl-1-propane), 4-methylmethcathinone (2 methylamino-1-(4- methylpheny)propan-1 one), 4 methoxymethcathi- none (1-(4-methoxyphenyl)-2(methylamine) propan-1-one), MDPV (methylenedioxypyrovalerone), methylene (3,4-methylenedioxy- Nmethylcathinone), methcathinone (2-(methylamino)-1-phenyl-propan-1-one), flephedrone (4 fluoromethcathinone), 3-FMC (3-fluoromethcathinone), ethcathinone (2-ethylamino-1 -phenyl- propan-1 –one), butylone β-keto Nmethylbenzodioxolylbutamine), a-PPP (a pyrrolidinopropiophenone),MPPP(4-methyl- pyrrolidinopropiophenone), MDPPP (3’,4’ methylenedioxy-apyrrolidinopropiophenone), ά-PVP (1-phenyl-2-(1-pyrrolidinyl)-1-pentanone), naphyrone (1-naphthalen-2-yl -2-pyrrolidin-1-ylpentan-1-one), 6-APDB (6(2aminopropyl)2,3 dihydrobenzo-furan), and analogs of MDA (3,4-methylenedioxymethamphetamine); (c) any derivative of the above listed compounds; (d) any synthetic substance and its isomers with a chemical structure similar to the above listed compounds; (e) any chemical alteration of the above listed compounds; or (f) any other substantially similar chemical structure or compound; and ITEM NUMBER: B-1 DATE: 08/12/14 ATTACHMENT: 1 2. Products that elicit psychoactive or psychotropic stimulant effects and are marketed under any of the following trade names: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night, and White Lightning. G. “Psychoactive Herbal Incense” shall mean any organic product consisting of plant material that contains a synthetic stimulant compound that, when consumed, elicits psychoactive or psychotropic euphoric effects. The term “Psychoactive Herbal Incense” includes without limitation: 1. Products that elicit psychoactive or psychotropic euphoric effects and contain any of the following substances: (a) cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2 methylnonan-2-yl)phenol), JWH-018 (naphthalen-1-yl -(1-pentylindol-3 yl) methanone), JWH-073 (naphthalen-l-yl-(1- butylindol-3 yl)methanone), JWH- 200 (1-(2-morpholin-4-ylethyl)indol-3-yl) naphthalen-1- ylmethanone, HU-210 or 1.1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol) (6aR,10aR)- 9- (Hydroxymethyl)- 6,6 dimethyl-3-(2-mehtyloctan-2-yl)- 6a ,7, 10, 10 atetra-hydrobenzo[c] chromen-1-ol), CP 47, 497 (2 - [ ( 1R, 3S ) -3- hydroxycyclo hexyl] – 5 -(2-methyloctan-2- yl)phenol) and the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP-47, 497, AM-2201 (`1-[(5- fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone), 1-Pentyl-3 (2- methoxyphenylacetyl)indole (also known as JWH-250), 1-Hexyl-3-(1- naphthoyl)indole (also known as JWH-019), 1-Pentyl-3-(4-chloro-1- naphthoyl)indole (also known as JWH-398), N- benzylpiperazine (also known as BZP), 1-(3-trifluoromethylphenyl)piperazine (also known as TFMPP); (b) any derivative of the above listed compounds; (c) any synthetic substance and its isomers with a chemical structure similar to the above listed compounds; (d) any chemical alteration of the above listed compounds; or (e) any other substantially similar chemical structure or compound; or (f) any other synthetic cannabinoid; and 2. Products that elicit psychoactive psychotropic euphoric effects and are marketed under any of the following trade names: Scooby Snax, K2, K3, Spice, Genie, Smoke, Potpouri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger, Ocean Blue, Serenity, Fake Weed, and Black Mamba. ITEM NUMBER: B-1 DATE: 08/12/14 ATTACHMENT: 1 H. “Psychoactive or psychotropic stimulant effects” shall mean affecting the central nervous system or brain function to change perception, mood, consciousness, cognition, and/or behavior in ways that are similar to the effects of cocaine, methylphenidate or amphetamines. I. “Psychoactive or psychotropic euphoric effects” shall mean affecting the central nervous system or brain function to change perception, mood, consciousness, cognition, and/or behavior in ways that are similar to the effects of cannabis. J. “Sell,” “selling,” and “sale” shall mean to furnish, exchange, transfer, deliver, or supply for monetary gain. K. “Synthetic Drug” shall include Psychoactive Bath Salts and Psychoactive Herbal Incense, as those terms are defined hereinabove. 16.03 Possession of Synthetic Drugs Prohibited A. It is unlawful for any person to possess any Synthetic Drug within the City. B. The enforcing officer may consider any of the following evidentiary factors to determine if the product is a Synthetic Drug: 1. The product is not suitable for its marketed use (such as crystalline or powder being marketed as “glass cleaner”); 2. The product contains a warning label that is not typically present on products that are used for that product’s marketed use (such as “not for human consumption,” “not for purchase by minors,” or “does not contain chemicals banned by section 11357.5”); 3. The product resembles an illicit street drug (such as cocaine, methamphetamine or marijuana); or 4. The product’s name or packaging uses images or slang referencing an illicit drug. 16.04 Public Nuisance A. The storage, provision, sale, or distribution of any Synthetic Drug from any property, structure, or building in the City and any possession of any Synthetic Drug in the City is declared to be a public nuisance. B. Civil Remedies Available; Remedies Cumulative. In addition to the penalties provided in Title 12, any violation of any provision of this Chapter shall constitute a public nuisance and may be abated by the City by civil process by means of a restraining order, a preliminary or permanent injunction, or in any manner provided by law for the abatement of such nuisance. All remedies herein are cumulative and non-exclusive. ITEM NUMBER: B-1 DATE: 08/12/14 ATTACHMENT: 1 16.05 Confiscation of Synthetic Drugs. Because the use of Synthetic Drugs has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism, and death, any violation of this Chapter presents a grave and imminent danger not only to the person consuming the Synthetic Drug, but also to the public at large. Any Police Officer who issues a criminal citation under this Chapter shall confiscate any Synthetic Drugs and store them, pending the conclusion of the criminal case. 16.06 Suspension or Revocation of Business License. No person holding a validly issued City business license and owning or operating a business in the City may use that business to provide, distribute, or sell any Synthetic Drug or any substance claimed or represented to be a Synthetic Drug. A violation of this Chapter by the holder of a validly issued City business license shall constitute grounds for suspension or revocation of a business license in accordance with the procedures set forth in Title 3 of this Code. 16.07 Penalties A. Failure to comply with any of the requirements of this Chapter is a misdemeanor punishable by imprisonment in the County jail for a period not exceeding six (6) months, or by fine not exceeding one thousand dollars ($1,000), or by both, provided that the City Attorney may specify in the accusatory pleading that the offense shall be an infraction if he/she determines that such action would be in the interest of justice. B. Each person committing, causing, or maintaining a violation of this Chapter or failing to comply with the requirements set forth herein shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, maintained, or permitted by such person and shall be punishable accordingly. 16.08 Seizure of Evidence Any products or substances possessed in violation of any provision of this Chapter shall be seized and stored in accordance with law. 16.09 Exclusions A. This Chapter shall not apply to drugs or substances lawfully prescribed or to intoxicating chemical compounds that have been approved by the Federal Food and Drug Administration or are specifically permitted by California law. B. This Chapter shall not apply to drugs or substances that are prohibited by State or Federal law, including without limitation, the State Synthetic Drug Laws, and the Federal Controlled Substances Act. ITEM NUMBER: B-1 DATE: 08/12/14 ATTACHMENT: 1 C. This Chapter shall not be deemed to prohibit any act that is permitted, prohibited, or preempted by any State or Federal law or regulation. SECTION 2. A summary of this ordinance 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 Atas- cadero News, a newspaper published and circulated in the City 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. 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 ______________________________________ 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-2 DATE: 08/12/14 Atascadero City Council Staff Report – Fire Department Confirming the Cost of Vegetative Growth and/or Refuse Abatement RECOMMENDATION: Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. DISCUSSION: On April 22, 2014 Council adopted Resolution No. 2014-006 declaring vegetative growth and/or refuse a public nuisance, and authorized the Fire Chief to proceed wit h the abatement process. On April 28, 2014 notices were mailed to property owners, informing them of the City’s abatement requirements. A total of 38 parcels were abated by the City this year. This low number is a result of the Fire Department’s consistent efforts to educate the public on the importance of weed abatement compliance. Our goal is to have zero parcels needing the City’s mowing services. A review of the table below shows the results of our efforts over the last five years: Year Number of Parcels Abated by the City 2010 132 2011 93 2012 56 2013 39 2014 38 An itemized list of the abatement assessments were, by fiscal year, posted with the City Clerk and at the Fire Department, Station #1 on April 24, 2014. On May 13, 2014 a public hearing was held to hear objections to the vegetative growth & refuse abatement. ITEM NUMBER: B-2 DATE: 08/12/14 FISCAL IMPACT: The City will receive $43,312.50 from the 2014/2015 property tax rolls in weed abatement / refuse abatement assessments. ATTACHMENTS: 1. Draft Resolution 2. Abatement Assessments FY 13/14 3. Abatement Assessments FY 14/15 ITEM NUMBER: B-2 DATE: 08/12/14 ATTACHMENT: 1 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CONFIRMING THE COST OF VEGETATIVE GROWTH/REFUSE ABATEMENT WHEREAS, the Government Code of the State of California, Section 39500, et seq., provides that cities may declare vegetative growth (weeds) and refuse (rubbish) a public nuisance for the purpose of vegetative growth (weeds) and refuse (rubbish) abatement; and WHEREAS, the Atascadero City Fire Department did abate said nuisances within the provision of the Government Code, Section 39500, et seq.; and WHEREAS, the cost of the work of abatement, including a 150% administrative fee, as shown on the Preliminary Special Tax Listing for 2014/2015 Tax Roll was submitted in accordance with Government Code Section 39574; and WHEREAS, the Council of the City of Atascadero received the cost report and held a hearing to receive objections of any property owners liable to be assessed for the work of abatement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. That the report of abatement costs is confirmed as presented; and SECTION 2. That the costs of abatement constitutes a special assessment against the described parcels and shall be a lien on the property in accordance with Government Code Section 39577; and SECTION 3. That the City Clerk is hereby directed to transmit to the proper officials of the County, a certified copy of the report for filing. ITEM NUMBER: B-2 DATE: 08/12/14 ATTACHMENT: 1 On motion by Council Member _______________________ and seconded by Council Member ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Tom O’Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ABATEMENT ASSESSMENTS CITY FY 2013/2014 CO TAX ROLL 2014/2015 Date of Abatement APN Contractor Cost Admin Fee Total Cost of Abatement County Fee Total Assessment Book 28 06/30/14 028-292-013 540.00$ 810.00$ 1,350.00$ 2.00$ 1,352.00$ Total (Book 28) 540.00$ 810.00$ 1,350.00$ 2.00$ 1,352.00$ Book 29 06/19/14 029-271-001 1,140.00$ 1,710.00$ 2,850.00$ 2.00$ 2,852.00$ -$ -$ Total (Book 29) 1,140.00$ 1,710.00$ 2,850.00$ 2.00$ 2,852.00$ Book 30 06/10/2014 030-261-011 540.00$ 810.00$ 1,350.00$ 2.00$ 1,352.00$ -$ -$ Total (Book 30) 540.00$ 810.00$ 1,350.00$ 2.00$ 1,352.00$ Book 31 06/14/2014 031-161-044 180.00$ 270.00$ 450.00$ 2.00$ 452.00$ 06/17/2014 031-161-045 120.00$ 180.00$ 300.00$ 2.00$ 302.00$ 06/17/2014 031-161-046 120.00$ 180.00$ 300.00$ 2.00$ 302.00$ 06/17/2014 031-161-047 180.00$ 270.00$ 450.00$ 2.00$ 452.00$ 06/17/2014 031-161-048 180.00$ 270.00$ 450.00$ 2.00$ 452.00$ 06/17/2014 031-161-049 180.00$ 270.00$ 450.00$ 2.00$ 452.00$ 06/17/2014 031-161-050 120.00$ 180.00$ 300.00$ 2.00$ 302.00$ 06/17/2014 031-161-051 120.00$ 180.00$ 300.00$ 2.00$ 302.00$ 06/10/2014 031-231-028 780.00$ 1,170.00$ 1,950.00$ 2.00$ 1,952.00$ -$ -$ Total (Book 31) 1,980.00$ 2,970.00$ 4,950.00$ 18.00$ 4,968.00$ Book 50 06/09/2014 050-081-001 840.00$ 1,260.00$ 2,100.00$ 2.00$ 2,102.00$ 06/13/2014 050-312-017 1,260.00$ 1,890.00$ 3,150.00$ 2.00$ 3,152.00$ 06/16/2014 050-331-002 1,020.00$ 1,530.00$ 2,550.00$ 2.00$ 2,552.00$ 06/12/2014 050-362-006 1,440.00$ 2,160.00$ 3,600.00$ 2.00$ 3,602.00$ -$ -$ Total (Book 50) 4,560.00$ 6,840.00$ 11,400.00$ 8.00$ 11,408.00$ Book 54 06/11/2014 054-051-068 1,140.00$ 1,710.00$ 2,850.00$ 2.00$ 2,852.00$ -$ -$ Total (Book 54) 1,140.00$ 1,710.00$ 2,850.00$ 2.00$ 2,852.00$ ITEM NUMBER: B-2 DATE: 08/12/14 ATTACHMENT: 2 ABATEMENT ASSESSMENTS CITY FY 2013/2014 CO TAX ROLL 2014/2015 Date of Abatement APN Contractor Cost Admin Fee Total Cost of Abatement County Fee Total Assessment Book 56 06/20/14 056-091-050 660.00$ 990.00$ 1,650.00$ 2.00$ 1,652.00$ 06/20/14 056-091-051 660.00$ 990.00$ 1,650.00$ 2.00$ 1,652.00$ -$ -$ Total (Book 56) 1,320.00$ 1,980.00$ 3,300.00$ 4.00$ 3,304.00$ -$ -$ Grand Total 11,220.00$ 16,830.00$ 28,050.00$ 38.00$ 28,088.00$ ITEM NUMBER: B-2 DATE: 08/12/14 ATTACHMENT: 2 ABATEMENT ASSESSMENTS CITY FY 2014/2015 CO TAX ROLL 2014/2015 Date of Abatement APN Contractor Cost Admin Fee Total Cost of Abatement County Fee Total Assessment Book 28 07/09/14 028-282-004 225.00$ 337.50$ 562.50$ 2.00$ 564.50$ -$ -$ Total (Book 28) 225.00$ 337.50$ 562.50$ 2.00$ 564.50$ Book 29 07/07/2014 029-151-027 180.00$ 270.00$ 450.00$ 2.00$ 452.00$ 07/07/2014 029-151-028 180.00$ 270.00$ 450.00$ 2.00$ 452.00$ 07/07/2014 029-151-029 120.00$ 180.00$ 300.00$ 2.00$ 302.00$ 07/07/2014 029-151-030 120.00$ 180.00$ 300.00$ 2.00$ 302.00$ 07/09/2014 029-262-007 240.00$ 360.00$ 600.00$ 2.00$ 602.00$ 07/07/2014 029-331-003 600.00$ 900.00$ 1,500.00$ 2.00$ 1,502.00$ Total (Book 29) 1,440.00$ 2,160.00$ 3,600.00$ 12.00$ 3,612.00$ Book 30 07/03/2014 030-511-001 480.00$ 720.00$ 1,200.00$ 2.00$ 1,202.00$ Total (Book 30) 480.00$ 720.00$ 1,200.00$ 2.00$ 1,202.00$ Book 31 07/11/2014 031-141-004 60.00$ 90.00$ 150.00$ 2.00$ 152.00$ 07/01/2014 031-161-038 240.00$ 360.00$ 600.00$ 2.00$ 602.00$ 07/01/2014 031-192-017 1,560.00$ 2,340.00$ 3,900.00$ 2.00$ 3,902.00$ Total (Book 31) 1,860.00$ 2,790.00$ 4,650.00$ 6.00$ 4,656.00$ Book 49 07/09/2014 049-033-051 480.00$ 720.00$ 1,200.00$ 2.00$ 1,202.00$ 07/10/2014 049-073-025 180.00$ 270.00$ 450.00$ 2.00$ 452.00$ 07/11/1941 049-121-031 240.00$ 360.00$ 600.00$ 2.00$ 602.00$ Total (Book 49) 900.00$ 1,350.00$ 2,250.00$ 6.00$ 2,256.00$ Book 50 07/10/2014 050-021-002 360.00$ 540.00$ 900.00$ 2.00$ 902.00$ 07/11/2014 050-021-037 240.00$ 360.00$ 600.00$ 2.00$ 602.00$ -$ -$ Total (Book 50) 600.00$ 900.00$ 1,500.00$ 4.00$ 1,504.00$ ITEM NUMBER: B-2 DATE: 08/12/14 ATTACHMENT: 3 ABATEMENT ASSESSMENTS CITY FY 2014/2015 CO TAX ROLL 2014/2015 Date of Abatement APN Contractor Cost Admin Fee Total Cost of Abatement County Fee Total Assessment Book 54 07/10/2014 054-051-044 360.00$ 540.00$ 900.00$ 2.00$ 902.00$ Total (Book 54) 360.00$ 540.00$ 900.00$ 2.00$ 902.00$ Book 55 055-161-031 120.00$ 180.00$ 300.00$ 2.00$ 302.00$ Total (Book 55)120.00$ 180.00$ 300.00$ 2.00$ 302.00$ Book 56 07/01/2014 056-312-007 120.00$ 180.00$ 300.00$ 2.00$ 302.00$ -$ -$ Total (Book 56) 120.00$ 180.00$ 300.00$ 2.00$ 302.00$ Grand Total 6,105.00$ 9,157.50$ 15,262.50$ 38.00$ 15,300.50$ ITEM NUMBER: B-2 DATE: 08/12/14 ATTACHMENT: 3 ITEM NUMBER: B-3 DATE: 08/12/14 Atascadero City Council Staff Report – Community Development Title 3 Amendment Cardroom Ordinance Increase in the Maximum Number of Card Tables Removal of Betting Limits RECOMMENDATION: Council introduce for first reading, by title only, Draft Ordinance A amending the City’s Cardroom Ordinance. DISCUSSION: Dora Brown is the owner of Outlaws Card Parlour located at 9850 East Front Road in Atascadero, the only cardroom operating in the City of Atascadero. In late 2013, Ms. Brown contacted the City about the possibility of amending the City’s Cardroom Ordinance. Ms. Brown’s primary concern was to maintain competiveness with the Paso Robles cardroom now that Paso Robles has amended its ordinance to increase tables and relax betting limits. Ms. Brown has submitted an application and fee for the amendment and provided a letter explaining the purpose of the request (refer to Attachment 3). The applicant is requesting the following changes to the Cardroom ordinance:  Increase the number of card tables in Atascadero from five card tables to six card tables.  Allow a single cardroom to operate all six card tables.  Remove the $500 betting limit, allowing the card room to allow unlimited betting at their discretion.  Allow simultaneous hands or betting squares. ITEM NUMBER: B-3 DATE: 08/12/14 Background: California allows gambling in 88 State licensed cardrooms which are regulated by the California Gambling Control Commission. Local City’s must have a State approved ordinance in order to permit a cardroom to operate. The State allows variations of poker and black jack to be played in cardrooms as long as the house does not have a stake in the game. That means the house has a set fee per hand and the players gamble against each other. Outlaws Cardroom has operated in Atascadero since 1997 and is the City’s only cardroom with four card tables. The City has amended the cardroom ordinance three times since 1992. 1992 Ordinance The City adopted a Cardroom Ordinance in 1992, and amended the ordinance in 1999 (Section 3-5.105 of the Municipal Code). The ordinance authorized a maximum of five (5) card tables to be licensed and operated within the City. The ordinance also limited any establishment (cardroom) to a maximum of two (2) card tables. 2006 Ordinance Update In 2006 the City amended the provisions of the City’s Cardroom Ordinance. The major provisions of the update included:  Increased the maximum number of tables in any cardroom establish ment from two (2) to four (4)  Required employees to obtain a work permit  Established requirement for license applications and revocation of licenses  Required a bond with each application  Required payment of annual fee 2009 Ordinance Update In 2009, the City amended the provisions of Municipal Code Section 3 -5.105 (d)(1) and (2) to change the word “cardrooms” to “card tables”. This change corrected an error in the wording of the 2006 ordinance. Analysis: City Staff, including the City Attorney and Police Chief, have met numerous times over the past year with the applicant to refine the cardroom ordinance amendment. In addition, the City Attorney has worked closely with the California Gambling Commission on the proposed changes. As a result of th is process, staff is supporting the applicant’s request for the following changes to the Cardroom ordinance:  Increase the number of card tables in Atascadero from five card tables to six card tables.  Allow a single cardroom to operate all six card tables.  Remove the $500 betting limit, allowing the card room to allow unlimited betting at their discretion.  Allow simultaneous hands or betting squares. The full text of the proposed changes are contained in the attached draft ordinance. ITEM NUMBER: B-3 DATE: 08/12/14 The City Attorney, Police Department, and California Bureau of Gambling Control have all reviewed the proposed changes and have no objections to the proposed changes and have considered the following:  Increasing the number of tables in Atascadero from five to six tables and allowing a single cardroom to operate all of the tables would likely make Outlaws more competitive with other cardroom in the County. Increased sales at Outlaws would have a modest economic benefit to the City of Atascadero. Code text change increasing the number of card tables  The Police Department is not concerned with the removal of the $500 betting limit. Crime has not been an issue with the local card room and there is no evidence State wide that there are any public safety issues related to unlimited betting. According to Ms. Brown, unlimited betting will only be allowed on a limited basis and is primarily needed for marketing purposes.  Allowing simultaneous hands or betting squares will allow the cardroom to offer games like Black Jack the option to split hands. ITEM NUMBER: B-3 DATE: 08/12/14 Code text change removing betting limits and allowing simultaneous hands ITEM NUMBER: B-3 DATE: 08/12/14 Outlaws Card Parlour and Steakhouse 9850 East Front Ave, Atascadero One of four card tables in Outlaws Cardroom ITEM NUMBER: B-3 DATE: 08/12/14 Conclusion: The City Council is being asked to amend the existing cardroom ordinance to expand the number of tables and relax betting limits and restrictions. It appears these are modest changes, with limited public safety concerns for the City, which will have an economic benefit for a local business. Staff recommends that the Council introduce Draft Ordinance A, by title only. FISCAL IMPACT: The amendment should have a modest positive fiscal impact on the City. ALTERNATIVES: 1. The City Council may determine that more information is needed on some aspect of the Draft Ordinance and may refer the item back to staff to develop the additional information. 2. The City Council may decide to not amend the Cardroom Ordinance. ATTACHMENTS: 1. Draft Ordinance A 2. Email from California Bureau of Gambling Control dated July 25, 2014 advising that the proposed amendment is acceptable to the State. 3. June 16, 2014 letter from California Bureau of Gambling Control 4. November 12, 2013 letter from Dora Brown ITEM NUMBER: B-3 DATE: 08/12/14 ATTACHMENT: 1 DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 3 OF THE ATASCADERO MUNICIPAL CODE, AMENDING THE CARDROOM ORDINANCE WHEREAS, an application has been received from Dora Brown, owner of Outlaws Card Parlour requesting amendment to Section 3-5.105 of the Card Room ordinance; and, WHEREAS, the Atascadero City Council held a public hearing to consider the proposed ordinance amendments at a regular meeting on August 12, 2014, where public testimony was considered prior to making a decision; and, WHEREAS, for all of the reasons set forth herein, the City Council of the City of Atascadero (“City”) desires to amend its requirements regarding the number of gambling tables and betting limits in the City; and, NOW THEREFORE, the City Council of the City of Atascadero DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds as follows. The legislature, in enacting the Gambling Control Act, indicated its intent to have concurrent jurisdiction with local governments over gambling establishments in the State and to provide uniform, minimum standards of regulations of permissible gambling activities and the operation of lawful gambling establishments. As long as it is not inconsistent with the Act, any City or county has the authority to prohibit any gambling activity and impose more stringent local controls or conditions upon gambling than are imposed by the Act or by the Commission. The City may also inspect gambling premises to enforce applicable state and local laws, impose a local tax or license fee, and enact, amend, or enforce any local ordinance relating to licensing of gambling establishments. In 2005 the Legislature amended the Gambling Control Act to authorize a city or county to amend its ordinance, without voter approval, to increase the number of tables allowed in an gambling establishment up to 24.99%, or two tables, whichever is greater, when compared to the number operated on January 1, 1996. Any amendment to the city’s cardroom ordinance must be submitted to the Division of Gambling Control for review and comment before the ordinance is adopted. The City amends its ordinance to increase the number of card tables at any establishment to four. In addition, in any amendment to the cardroom ordinance, the City will review the other provisions in the ordinance, including hours of operation, work permits, licenses, games played, and any fees or taxes imposed. ITEM NUMBER: B-3 DATE: 08/12/14 ATTACHMENT: 1 Section 2: Section 3-5-105 of the Atascadero Municipal Code is hereby amended to read as follows: ITEM NUMBER: B-3 DATE: 08/12/14 ATTACHMENT: 1 ITEM NUMBER: B-3 DATE: 08/12/14 ATTACHMENT: 1 ITEM NUMBER: B-3 DATE: 08/12/14 ATTACHMENT: 1 ITEM NUMBER: B-3 DATE: 08/12/14 ATTACHMENT: 1 ITEM NUMBER: B-3 DATE: 08/12/14 ATTACHMENT: 1 SECTION 3: A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, 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 City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk’s Office on and aft er the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on _____________, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on ____________, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF ATASCADERO _____________________________ _________________________ Marcia McClure Torgerson, C.M.C., Tom O’Malley, Mayor City Clerk APPROVED AS TO FORM: ______________________________ Brian Pierik, City Attorney ITEM NUMBER: B-3 DATE: 08/12/14 ATTACHMENT: 2 ITEM NUMBER: B-3 DATE: 08/12/14 ATTACHMENT: 3 ITEM NUMBER: B-3 DATE: 08/12/14 ATTACHMENT: 3 ITEM NUMBER: B-3 DATE: 08/12/14 ATTACHMENT: 4 ITEM NUMBER: B-3 DATE: 08/12/14 ATTACHMENT: 4 ITEM NUMBER: C-1 DATE: 08/12/14 Atascadero City Council Staff Report - Community Development Department Pending General Plan Amendment Request for Authorization to Process PLN 2009-1346 Halcon Road / Viejo Camino (ConsciousBuild Atascadero, LLC / Melhouse / Kirk Consulting) RECOMMENDATION: Adopt Draft Resolution A authorizing staff to process a proposed General Plan Amendment application with the requirement the applicant will be responsible for full staff and/or consultant costs to process the application. REPORT IN BRIEF: In October of 2011, the City Council voted to authorize staff to process two (2) General Plan Amendments (GPA) near the intersection of Halcon Road and Viejo Camino. The proposed amendments total approximately 50 acres in size with a potential to create 57 new residential home sites. City Staff worked with both applicants (Maury Froman / Halcon Partners LLC and Baron Family) on submittal of applications and fees for the authorized General Plan Amendments. Neither group submitted formal applications, studies, or fees to begin the process for the General Plan Amendment. Since then, Halcon Partners, LLC lost the properties through foreclosure. A new owner, ConsciousBuild, has obtained the two Halcon Partners properties and wishes to move forward with a General Plan Amendment for a small lot single-family residential development. On May 27, 2014, the City Council considered authorization to process a General Plan Amendment on these properties. The proposed project consisted of two General Plan Amendments totaling 73± acres from both ConsciousBuild (38± acres) and the Baron / McKinney / Riggs families (38± acres). At that meeting, the Council directed ConsciousBuild and its representative to prepare a management and funding agreement to be signed by all the property owners that demonstrated the project can ITEM NUMBER: C-1 DATE: 08/12/14 address technical and environmental issues that are raised by the proposed General Plan Amendment. Based on discussion after the City Council meeting, the Baron / McKinney / Riggs families have withdrawn their proposals and no longer wish to be considered a part of a proposed General Plan Amendment (GPA). With the elimination of the Baron properties, the project area now consists of 38± acres with seven (7) properties. The proposed project consists of a General Plan Amendment request from ConsciousBuild and the adjacent property owners. The project area consists of approximately 38± acres and seeks to re-designate the area from Suburban Estate (2.5-10 acre min lot size) to Single-Family Residential-Y (1.0 acre min) and Single-Family Residential-X (0.5 acre min). This would result in a total of 66 single- family residential units plus potential 2nd units. Proposed general plan amendment area ITEM NUMBER: C-1 DATE: 08/12/14 Council Authorization and Processing Council policy requires City Council review and an authorization in order for staff to process General Plan Amendment applications. The Council’s policy also requires all amendments to be reviewed and processed in such a manner as to facilitate citizen participation. The policy suggests the following process: A. Neighborhood Meeting. The applicant is required to hold a neighborhood meeting to present the request to citizens of the area neighborhoods and for the citizens to identify, list, and discuss issues related to the amendment. The applicant is responsible for organizing and conducting the meeting and attempting to resolve as many issues as possible before submitting a formal application to the City for review and processing. B. Study Session. Staff presents the basic facts of the General Plan Amendment application to a joint City Council/Planning Commission study session, along with a preliminary environmental analysis. Comments from the Planning Commission, City Council and the public are used to refine the project. Situation and Facts: General Plan Amendment – ConsciousBuild (Halcon Road / Viejo Camino) 1. Applicant / Representative: Kirk Consulting 8830 Moro Road, Atascadero, California 93422 ConsciousBuild 1239 Garden Street, San Luis Obispo, CA 93401 2. Property Owners: Represented by the applicant: Melhouse, Pore, Ratzlaff, Rodda, Joy, Sarnecki, & Dagnall 3. Project Addresses: 11955 and 11975 Viejo Camino (APN 045-401-003, 004) 11675, 11745, 11855, 11845, 11885, and 11875 Halcon Rd. (APN 045-401-017, 018, 010, 009, 014, 013) 4. General Plan Designation: SE – Suburban Estate (2.5 – 10 acres minimum) 5. Zoning District: RS (Residential Suburban) 6. Site Area: Approximately 38 acres 7. Existing Use: Single-family Homes on 6 Halcon lots, Vacated mobile home park on 2 Viejo Camino lots 8. Environmental Status: Not determined – Application pending ITEM NUMBER: C-1 DATE: 08/12/14 Applicant’s Revised Preliminary Concept Plan Project Summary ConsciousBuild is requesting City Council to re-authorize staff to process the General Plan Amendment that was originally proposed in 2011. The applicant is requesting conversion of the existing Residential Suburban (2.5 -10 acre) zoned lots to Residential Single-Family-X (RSF-X 1/2 acre). If approved, the proposed General Plan Amendment would increase the number of lots from two (2) large lot parcels, to potentially 20 single- family lots. The six neighboring lots owners on Halcon Road will also be included in the General Plan Amendment process and are interested in conversion to Residential Single-Family-Y (RSF-Y 1.0 acre). The amendment would allow 46 single-family residential units plus additional 2nd units. Development Issues Development issues in this area will include tree removals, slopes, grading impacts, circulation systems, archaeology, and Santa Barbara Road / US 101 interchange traffic impacts. The project will likely consist of the following entitlements:  Authorization to proceed with a General Plan Amendment;  Zoning Map Amendment with a Planned Development (PD) Overlay  Master Plan of Development (Conditional Use Permit)  Vesting Tentative Subdivision Map (VTTM) ITEM NUMBER: C-1 DATE: 08/12/14 DISCUSSION: Background: The City has received a request to process a General Plan Amendment (GPA) from ConsciousBuild Atascadero Development, LLC (applicant) and their representative, Kirk Consulting. The applicant proposes to change the land use designation of two lots on the southeast side of Atascadero from Suburban Estate (SE, 2.5-10 acre min) to Single- family Residential (SFR-X, ½ acre min). The area that the proposed GPA is located consists of almost all of the remaining large lot residential properties on this side of the City. The applicant is proposing a GPA for the southernmost two properties. At the May 27, 2014 meeting, the City Council directed the applicant and representative to work with the neighboring six (6) lot owners to the north to create one General Plan Amendment in order to address cumulative impacts as well as consistency in design, project requirements, and phasing of backbone infrastructure for future subdivisions not related to the ConsciousBuild proposal. Summary Surrounding properties to the south of the subject site are unincorporated County lots ranging from ½ acre to 5 acres in size. The subject sites are also bordered by the railroad tracts to the east, Paloma Park to the west, and the Woodridge (Las Lomas) development to the north and between the two current applications. The Woodridge Specific Plan Area contains a mixture of medium density residential uses ranging from small lot single family clustered sites, to 1-acre minimum lot sizes with SFR-X and SFR- Y zoning designations, plus an area of multifamily apartments and townhomes near Paloma Park. Previous Project Proposals In August of 2007, a proposal was submitted for the development of the 9.8 acre site at the corner of Viejo Camino and Santa Barbara Road. The 2007 application proposed a 62 lot multi-family residential subdivision with a density of 6.2 units per acre . The City Council voted 3-2 to not authorize staff to work on the project. Discussion included comments on neighborhood compatibility, the zero lot line parcels with as factory -built duplexes, and neighbors’ concerns for the higher density and multi-family zoning. The 2007 project only included the two (2) properties owned by Halcon Properties, LLC, and did not include the adjacent six (6) properties along Halcon Road. The Council encouraged the applicant to work with the neighbors and consider options that would create neighborhood compatibly with the surrounding rural character. ITEM NUMBER: C-1 DATE: 08/12/14 Existing Lot Layout; Halcon and Viejo Camino ITEM NUMBER: C-1 DATE: 08/12/14 In October 2011, another development proposal was presented to the City Council to authorize a General Plan Amendment. This proposal included a scaled back project to propose a Residential Single-Family zoning, with clustered lots based on a combination of 1 and ½ acre density. Based on the slope of the lots, the applicant proposed clustered lots with a one (1) acre minimum base density however, lot sizes could be as small as 5,000 square feet (sf), with large areas of designated open space between the lot clusters. Lots would be clustered in flatter areas around a shared road system, and open space easements would be placed over areas of steeper slopes and dense native trees. The City Council expressed some con cern over the smaller lots. Although the Council authorized the General Plan Amendment, the Council directed the applicant at the time to work with Staff on lot sizes and layouts. The application was never formally submitted and the applicant lost the property through foreclosure. 2014 Project Proposal The applicant and their representative requested in May 2014 , re-authorization of the 2011 General Plan Amendment request. At that meeting, the City Council discussed 2007 application for 62 multifamily lots 2011 application for 49 Single Family Cluster Lots ITEM NUMBER: C-1 DATE: 08/12/14 authorization of this General Plan Amendment, along with a neighboring General Plan Amendment from the Baron / McKinney / Riggs properties directly to the east. The Council made the following recommendations to return the item for future consideration that included the following:  The applicant is prepare a management and funding agreement to be signed by all property owners that demonstrates the project can address environmental and technical issues raised by the original proposal.  The applicant(s) revise proposal based on comments received by the Council. The applicant and their representative have worked with the six (6) neighboring property owners to discuss the steps required to prepare a General Plan Amendment and the studies required of the amendment. The applicant and propert y owners have agreed that ConsciousBuild and Kirk Consulting will take the lead in processing and financing the General Plan Amendment for all property owners which would include the following:  Amending the General Plan to allow for future subdivisions for all property owners;  Creation of a Planned Development Overlay zone that will govern future subdivisions for all property owners;  Processing of a subdivision map for ConsciousBuild;  Financing studies for environmental and traffic concerns connected to the California Environmental Quality Act (CEQA). City Staff contacted the Baron family in regards to their status in moving forward with a General Plan Amendment for the three (3) properties along Alondra Road and Santa Barbara Road. At this time, they no longer wish to participate in a General Plan Amendment and their property is not included in this authorization before the Council. Analysis Atascadero Grove Project ConsciousBuild is proposing a land use designation change from Residential Estate (2.5 acres min. lot size) to a Single-Family Residential (1/2 acre minimum lot size). The proposed amendment would facilitate the development of a clustered residential subdivision with a total of 20 custom home lot sites that range in size from a little less than ¼ acre in size to ¾ of an acre in size. A Planned Development (PD) Overlay would allow this range as long as the base density of ½ acre is maintained. The applicant’s design concept would cluster lots to preserve some of the existing oak trees and avoid some of the hillside grading. This proposal will result in significant tree removals and hillside grading impacts. ITEM NUMBER: C-1 DATE: 08/12/14 Neighboring Parcel Development The neighboring six (6) parcels to the north between the Atascadero Grove and the Woodridge / Las Lomas Specific Plan Area are proposed to convert the existing Residential Suburban (RS) designation to Single-Family Residential 1-acre minimum lot sizes. This would allow for a smaller lot transition from the City’s southern edge to the Woodlands / Las Lomas Specific Plan area. Entitlement Summary The following is a summary of the proposed General Plan Amendment:  A General Plan Amendment to re-designate properties from Residential Estate (RE) to Single-Family Residential (SFR) ranging from ½ to 1 acre minimum base density sizes;  Environmental review for the entire neighborhood that would analyze traffic impacts, biological impacts, tree removals, archeological impacts, aesthetics / hillside grading, etc.  A Planned Development (PD) overlay that would identify minimum densities and lot sizes and development standards for the neighborhood, and provide mechanisms for environmental compliance;  Master Plan of Development for the Atascadero Grove Project;  Concurrent Vesting Tentative Tract Map processing for the Atascadero Grove Project. This concept for the entire project area (all 37.7 acres) would allow property owners to move forward individually or in conjunction with an adjacent property owner. The PD Overlay may establish areas that are environmentally sensitive and may prove challenging to develop due to topographical issues these areas may be set aside as common open space for the entire development. Staff would work with the applicant / representatives and owners to craft how development would proceed. ITEM NUMBER: C-1 DATE: 08/12/14 Open Space Parcel Proposed Lot Layout – ConcsiousBuild ITEM NUMBER: C-1 DATE: 08/12/14 Overall Development Concept 1 acre rural subdivisions on neighboring lots Conscious Build small lot subdivision ITEM NUMBER: C-1 DATE: 08/12/14 Development Summary: Revised Atascadero Groves / Halcon Road General Plan Amendment Summary Lot # Owner Acreage Units existing RS Unit Potential (includes 2nd units) Zoning proposed # Lots Proposed w/ GPA RSF Unit potential (includes 2nd units)* Potential Increase in Units 1 Pore 5.0 1 2 RSF-Y 3 6 4 2 Ratzlaff 5.1 1 2 RSF-Y 3 6 4 3 Rodda 4.6 1 2 RSF-Y 3 6 4 4 Sarnecki 4.6 1 2 RSF-Y 2 4 2 5 Dagnall 3.4 1 2 RSF-Y 2 4 2 6 Joy 5.0 1 2 RSF-Y 4 8 6 7&8 Conscious Build 10.0 0 4 RSF-X 20 20 16 37.7 6 16 37 54 38 *2nd Units calculated based on one (1) acre minimum lots  37.7± acres  8 existing parcels  7 separate owners  Currently zoned RS for up to 8 primary residences and 8 secondary units  Proposed RSF-Y & RSF-X zoning would allow up to 37 lots (increase of 29 lots)  Proposed zoning would allow up to 46 primary units, and 26 secondary units  This is a potential increase of 37 additional primary units, and 17 secondary units in the project area at build out  Lots less than one (1) acre in size would be required to connect to sewer  Council may provide direction on 2nd units on lots larger than one (1) gross acre The proposal for authorization has been revised to reduce the number of proposed lots and units from the May 2014 City Council meeting. General Plan Amendment Issues The following are issues related to the processing both the proposed General Plan Amendments. These include traffic related impacts, environmental review, and impacts to staff time. Traffic and Environmental Issues Increasing the density of any of the SE (Suburban Estate) properties will result in additional vehicle trips on adjacent streets as well as the nearby U.S. Highway 101 / Santa Barbara Road interchange. Although traffic impacts have not been analyzed, significant traffic issues associated with the Las Lomas, Dove Creek , and San Diego Way residential projects exist in the nearby vicinity. In addition, the EIR for the Eagle ITEM NUMBER: C-1 DATE: 08/12/14 Ranch Specific Plan development is underway, with a Draft EIR expected to be released sometime this year. Coordination of the traffic assumptions contained in the Draft EIR will be required to consider additional potential impacts and necessary improvements to the Santa Barbara Road interchange . A General Plan Amendment for the subject properties will require detailed traffic and circulation analysis to determine area roadway, bicycle, and pedestrian circulation improvements, as well potential capacity and fair share mitigation for the U.S. 101 / Santa Barbara interchange improvements. There are 56 native trees located in the area of development that is proposed by ConsciousBuild. This constitutes approximately 17% of the sites trees that may be impacted or removed with construction of the proposed Atascadero Grove project. The more heavily forested areas at the back of the lot would be preserved in a private open space easement. It is unknown how many native tree impacts there would be with the development of the six lots on Halcon Road. Impacts may be minimized by clustered lot and open space design, as compared to a standard development of one (1) acre RSF-Y residential subdivision. Tree Removal Permits would be required prior to development of all sites. As proposed, a General Plan Amendments would allow for an additional 54 residential units, plus 2nd units. Based on an assumed 10 trips per day, these units would create an additional 540+ vehicle trips within this area of the City, which would need to be addressed with the traffic and circulation analysis. Staffing Impact This General Plan Amendments would have a significant impact on Planning and Public Works staff resources and may affect other current projects and priorities. The following entitlement projects are being processed by Planning Department staff:  Del Rio Road Commercial Area Specific Plan (Walmart);  Del Rio Road / US 101 interchange improvements / PSR  General Plan Amendment / Environmental Impact Report for the Eagle Ranch Specific Plan;  2014-2019 Housing Element Update;  Dormant Permit Program Projects that are seeking design changes and beginning the review process include the Townhouses at Las Lomas / Woodridge, Oakridge Estates (3F Meadows), Principal Mixed -Use, and Atascadero Triangle,  Dormant Permit Program Projects under construction include Oakhaven Village, Las Lomas, and West Front Village;  18-Unit Planned Development – California Villas (Avenida Maria)  Downtown Development Partnership  Economic Development projects These projects are in addition to the significant increase in routine daily maps, use permits, building plan check, front counter support, and phone calls that have placed a ITEM NUMBER: C-1 DATE: 08/12/14 demand on staff’s time. Staff is recommending that if the Council authorizes Staff to process a General Plan Amendment, that the applicant and / or representative formally submit an application and pay the required fees to for the General Plan Amendment within sixty (60) days of authorization by the City Council. Public Works also has limited ability to work on this project. This project will have a number of significant road, drainage, sewer, and maintenance issues that will require significant staff time to resolve. Public Works has extremely limited ability to accommodate this work without affecting the Del Rio Road Specific Plan Del Rio Road Interchange improvement project, Eagle Ranch Specific Plan, and 3F Meadows off-sites in addition to numerous other development and capital projects that are currently on- going. If Council authorizes processing of the project, the Council will need to clearly identify the priority level of the project and set a realistic timeframe for processing the project. Otherwise, the applicants will likely have an unrealistic expectation for how quickly the project will be processed. At the previous City Council meeting the applicant offered to pay for a contract planner to process the general plan amendment. Staff has reviewed this suggestion and agrees that this would be the best way to process the application. The attached resolution includes a requirement that the applicant pay for all planning staff time including contract staffing. FISCAL IMPACT: According to the findings from the Taussig Study, revenue from new residential development including property tax revenues, vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency service costs of new development. Based on the revenue projections from the Taussig Study, t he City has developed standard Conditions of Approval for new residential planned development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts. If the project is approved for processing, it should be required to be fiscally neutral so the added residential units fund their own on -site improvements and maintenance, as well as their fair share of off -site improvements and impacts to City emergency services. ALTERNATIVES: 1. Refer the item back to staff for additional analysis. 2. Deny the request to submit a General Plan Amendment application for the project area. ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Existing Project Site Aerial Attachment 3: Halcon & Viejo Camino Request (PLN 2009-1346) Applicant’s Letter of Intent (ConsciousBuild) Exiting Lot Layout Conceptual Site Plan – ConsciousBuild Conceptual Site Plan – Proposed GPA Attachment 4: Property Owner Agreement Attachment 5: Draft Resolution A Authorizing GPA Processing ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 1 ATTACHMENT 1: Location Map, General Plan & Zoning City Boundary Areas of proposed conversion from Residential Suburban to Residential Single-family X & Y (1/2 and 1 acre minimum lots sizes) Unincorporated Unincorporated SE SE Woodridge Specific Plan REC OS P P HDR P SE SE ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 2 ATTACHMENT 2: Project Site Aerial Unincorporated Areas of proposed conversion from Residential Suburban to Residential Single-family X & Y (1/2 and 1 acre minimum lots sizes) Woodridge Specific Plan Paloma Park Unincorporated ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 3 ATTACHMENT 3: Letter of Intent, Halcon & Viejo Camino Site, PLN 2009-1346 ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 3 ATTACHMENT 3: Letter of Intent, Halcon & Viejo Camino Site, PLN 2009-1346 ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 3 ATTACHMENT 3: Letter of Intent, Halcon & Viejo Camino Site, PLN 2009-1346 ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 3 ATTACHMENT 3: Letter of Intent, Halcon & Viejo Camino Site, PLN 2009-1346 ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 3 ATTACHMENT 3: Existing lot layout, Halcon & Viejo Camino Site, PLN 2009-1346 ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 3 ATTACHMENT 3: Proposed Site Plan – ConsciousBuild, Halcon & Viejo Camino Site, PLN 2009-1346 ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 3 ATTACHMENT 3: Proposed Site Plan – Entire GPA, Halcon & Viejo Camino Site, PLN 2009-1346 ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 4 ATTACHMENT 4: Letter of Intent, Alondra & Santa Barbara GPA (PLN 2011-1413) ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 4 ATTACHMENT 4: Proposed Site Plan, Alondra & Santa Barbara GPA (PLN 2011-1413) ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 5 ATTACHMENT 5: Draft Resolution A Authorizing Staff to Process General Plan Amendments DRAFT RESOLUTION A A RESOLUTION OF THE CITY COUNCIL OF ATASCADERO AUTHORIZING STAFF TO PROCESS GENERAL PLAN LAND USE DIAGRAM AMENDMENTS TO CONVERT 37.7 ACRES OF (SE) SUBURBAN ESTATE TO SFR-X AND SFR-Y (SINGLE-FAMILY RESIDENTIAL) WITH NEIGHBORHOOD MEETING AND STUDY SESSION FOR 7 PROPERTIES LOCATED ON VIEJO CAMINO AND HALCON RD. WHEREAS, a proposal has been received from ConsciousBuild, 1239 Garden Street, San Luis Obispo, CA 93401 (Applicant), Kirk Consulting, 8830 Morro Road, Atascadero, CA 93422 (representative) and Adam Melhouse, 6940 Avila Valley Dr, San Luis Obispo, CA 93405 (property owner), and representing property owners Poore, Ratzlaff, Rodda, Joy, Sarnecki, Dagnall, to consider a project consisting of a General Plan Land Use Diagram Amendment for a to convert 27.7 acres of Suburban Estate at 11675, 11745, 11855, 11845, 11885, and 11875 Halcon Rd. and 10.0 acres at 11955 and 11975 Viejo Camino, (APN 045-401-003, 004, 017, 018, 010, 009, 014, 013); and, WHEREAS, the Atascadero City Council considered authorizing staff to process the proposed application with neighborhood meeting and joint City Council/Planning Commission study session during a regular meeting on August 12, 2014 consistent with the City’s General Plan Amend Policy; and, WHEREAS, due to increased permitting activity, City staff has limited capacity to process complex general plan amendment requests, and therefore contract staffing will be required to process the project; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to authorize staff to process a General Plan Land Use Diagram Amendment applications at 11955 and 11975 Viejo Camino, 11675, 11745, 11855, 11845, 11885, consistent with Exhibit A, B and C and subject to the following: 1. The application will be processed consist with the City Council’s general plan amendment policy. 2. Higher priority projects identified by the City Council will be processed ahead of this General Plan Amendment. ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 5 3. The applicant and / or representative will have sixty (60) days to formally submit an application to process a General Plan Land Use Diagram amendment, if an application is not received within 60 days, this authorization will expire. 4. The applicant will be responsible for full staff and/or consultant costs to process the application once the initial application fees are exhausted. On motion by Council Member _________________________, and seconded by Council Member ______________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: 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: C-1 DATE: 08/12/14 ATTACHMENT: 5 Exhibit A: General Plan Amendment boundary map City Boundary Proposed General Plan Amendment Area Unincorporated Unincorporated SE SE Woodridge Specific Plan REC OS P P HDR P SE SE ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 5 Exhibit B: Concept Master Plan ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 5 Exhibit C: Neighborhood Participation Agreement ITEM NUMBER: C-1 DATE: 08/12/14 ATTACHMENT: 5 Existing Designations: General Commercial Commercial Retail Proposed Designations: General Commercial/High Density Residential Commercial Retail/Residential Multi-family - 16 ITEM NUMBER: C-2 DATE: 08/12/14 City of Atascadero Staff Report – Administrative Services Approval of Draft Resolution Authorizing a Master Agreement Between the City of Atascadero and the Successor Agency to the Community Redevelopment Agency of Atascadero RECOMMENDATION: City Council approve the Draft Resolution authorizing a Master Agreement between the City of Atascadero and the Successor Agency to expend excess bond proceeds. DISCUSSION: The Atascadero Public Financing Authority (Authority), acting on behalf of the former Redevelopment Agency, issued $16,010,000 in Lease Revenue Bonds on September 1, 2010. The proceeds were designated to finance the City’s portion of the restoration of the Historic City Hall. Any excess bond proceeds were designated for the acquisition and development of other capital projects within the geographic boundaries in the City. However, effective February 1, 2012, redevelopment agencies in the State of California were dissolved pursuant to ABx1 26, the “Dissolution Act.” This dissolution limited the former Agency’s capacity to use the bond funds for the City Hall project, or any additional project. Effective June 27, 2012, Assembly Bill 1484 (AB1484) passed and amended certain provisions of ABx1 26. One such provision, Section 34191.4, enables successor agencies to use unspent bond proceeds for the purposes for which the bonds were sold. Pursuant to Section 34191.4 (c)(1), bond proceeds derived from bonds issued on or before December 31, 2010, can be used for the purposes for which the bonds were sold after the State Department of Finance (DOF) has issued a Finding of Completion to the Successor Agency. The Successor Agency of the former Redevelopment Agency of Atascadero received the Finding of Completion from the DOF by letter dated March 8, 2013. Before a successor agency can use bond proceeds or other funds to pay for expenses, it must have an enforceable obligation with another party, and that obligation must be included on a Recognized Obligation Payment Schedule (ROPS) approved by the Oversight Board and the DOF. The legislation dictates strict timelines in which a ITEM NUMBER: C-2 DATE: 08/12/14 successor agency may submit a ROPS, creating the potential for significant delays in funding projects with the excess bond proceeds. In order to resolve the timing delays caused by the ROPS process, the DOF allows successor agencies and their sponsoring city to draft a Master Agreement to expend excess bond proceeds in a more expedited manner. The agreement creates the enforceable obligation necessary to meet the ROPS criteria and eliminates the need to itemize every contract related to the use of bond proceeds on the ROPS. Instead, the enforceable obligation would be one line item on the ROPS as an obligation to the City. Currently, there are over 20 separate line items on the ROPS that relate to the City Hall project alone. By approving a Master Agreement, the ROPS will be streamlined with only one line item and will be less complicated for citizens to read and understand. In addition, there were two contracts that were part of the City Hall project that were not approved by the DOF as enforceable obligations on the ROPS. Those were the structural steel contract with Golden State Steel and the interior electrical work with Taft Electric. These two contracts were approved by Council on June 28, 2011. The cutoff date that DOF used to allow contracts as enforceable obligations was eventually set by DOF as June 27, 2011. However, because these contracts were vital to the timely completion of the City Hall project, work moved forward and the contractors were paid. The Master Agreement between the City and the Successor Agency will formally allow funding to cover these costs. If the authorization to execute the Master Agreement is approved by the City Council and the Successor Agency tonight, it will be presented to the Oversight Board for consideration at their August 21, 2014 meeting. If approved at that time, the Master Agreement can be added as an enforceable obligation to the upcoming ROPS 14-15B for consideration by the Oversight Board. The Master Agreement and the ROPS are also subject to approval by the DOF. The City will be responsible for ensuring that the projects funded with excess bond proceeds are consistent with the Master Agreement, the bond covenants, the Redevelopment Plan, and the City’s purchasing policies. The City Council will approve the project(s) and all contracts that require Council approval in accordance with the City’s purchasing policy. The use of the Master Agreement allows the City to move forward in a timely manner without having to wait for the review and approval of individual project expenses within the ROPS, which can be a delay of anywhere between 3 and 10 months. In preparation for the September 2010 bond issue, the Redevelopment Agency Board, at their May 11, 2010 meeting, ranked a series of projects in order of most importance. The expectation was that in the event of bond proceeds in excess of those needed for City Hall, or as other funding became available, the projects would be completed in that priority order as ranked by the Board. ITEM NUMBER: C-2 DATE: 08/12/14 Figure 1 shows the ranking of projects as determined by the Agency Board on May 11, 2010. As indicated in the table, the Wayfinding Signage Project was the highest ranked project. The majority of the Wayfinding Signage project has been completed , partly funded by the Redevelopment Agency prior to dissolution and partly due to generous donations from the community. The next highest ranked project is the Downtown Pedestrian Bridge. Figure 1 Potential Projects ESTIMATED COST FONZI O'MALLEY BERAUD CLAY KELLEY PRIORITY Wayfinding Signage $50,000 - $100,000 60 50 30 50 20 42 Pedestrian bridge over Atascadero Creek $1,000,000 0 20 60 0 60 28 Downtown Parking $500,000 40 40 0 0 50 26 Transit Center (FUNDED BY OTHERS)50 60 0 0 0 22 Downtown Restroom $400,000 30 30 0 30 0 18 Stadium Park Improvements (NOT IN RDA)20 10 0 60 0 18 Archway sign $500,000 0 0 0 40 10 10 Atascadero Creek Trail Extension $900,000 10 0 40 0 0 10 Economic Development – Commercial Property Purchase $2,000,000 0 0 10 0 40 10 Zoo Wall $260,000 - $300,000 0 0 50 0 0 10 ATASCADERO REDEVELOPMENT AGENCY POTENTIAL REDEVELOPMENT PROJECTS - as ranked during Agency meeting 5/11/2010 The Downtown Pedestrian Bridge remains a high priority of the City Council and the community. The City continues to search for alternate funding sources for this project, including a recently applied for grant. However, in the event that the grant is not awarded or is awarded but is not sufficient to cover the entire costs of the project, remaining bond proceeds could be allocated to this project as needed. The amount of funding available and the timing this funding can be used is unknown at this time. The community has been fortunate to have the financial assistance of the Federal Emergency Management Agency (FEMA) and the State Office of Emergency Services (OES) to assist with the funding of the City Hall project. However, because additional costs of the project are still being determined, and because FEMA and OES continue the complex process of completing the close out reports, the amount of bond funds needed to pay for the local share of the City Hall project is still unknown. Thus, the amount of excess bond proceeds available to transfer to the City for additional projects per the bond covenants is also unknown. However, at such time as the amount is determined, and for any changes after that point, the approval of the Master Agreement will allow the funds to be transferred to the City and the approved project(s) may move forward. ITEM NUMBER: C-2 DATE: 08/12/14 FISCAL IMPACT: The fiscal impact of this agreement is unknown at this time. Any expenditures ma de as a result of the Master Agreement would be paid using restricted bond proceeds pursuant to bond covenants. ATTACHMENTS: 1. Draft Resolution 2. Master Bond Agreement between City of Atascadero and the Successor Agency for the Redevelopment Agency of Atascadero ITEM NUMBER: C-2 DATE: 08/12/14 ATTACHMENT: 1 DRAFT RESOLUTION RESOLUTION OF THE CITY OF ATASCADERO AUTHORIZING A MASTER AGREEMENT BETWEEN THE CITY OF ATASCADERO AND THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO TO TRANSFER EXCESS LEASE REVENUE BOND PROCEEDS TO THE CITY FOR BOND-ELIGIBLE PURPOSES WHEREAS, the City of Atascadero (City) is a municipal corporation organized and operating under the laws of the State of California; and WHEREAS, the Successor Agency is a public body corporate and politic, organized and operating under Parts 1.8 and 1.85 of Division 24 of the California Health and Safety Code, and the successor for the former Community Redevelopment Agency of the City of Atascadero (former Agency) that was previously a community redevelopment agency organized and existing pursuant to the Community Redevelopment Law, Health and Safety Code Section 33000, et seq. (“CRL”); and WHEREAS, the Successor Agency received its Finding of Completion under Health and Safety Code Section 34179.7 from the California Department of Finance by letter dated March 8, 2013; and WHEREAS, Health and Safety Code Section 34191.4(c) allows a successor agency that has received a finding of completion to use bond proceeds from bonds issued prior to 2011 for any purposes for which the bonds were sold; and WHEREAS, the Successor Agency has “excess” bond proceeds, i.e., pre-2011 lease revenue bond proceeds that are not otherwise obligated for a project and are restricted to bond- eligible uses; and WHEREAS, the Successor Agency wishes to use such proceeds for redevelopment purposes consistent with bond covenants; and WHEREAS, Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) provides for a cooperative relationship between redevelopment agencies, and their successor agencies, and cities; and WHEREAS, Community Redevelopment Law (Health and Safety Code Section 33220(e)) authorizes a local public agency to enter into an agreement with a redevelopment agency, and its successor agency, to further redevelopment purposes; and ITEM NUMBER: C-2 DATE: 08/12/14 ATTACHMENT: 1 WHEREAS, the Successor Agency desires to commit to fund the City to undertake redevelopment activities in support of projects and programs eligible for redevelopment funding, which were not previously funded and obligated by the Successor Agency or the City, using excess lease revenue bond proceeds in a manner consistent with the original bond covenants; and WHEREAS, the City and the Successor Agency desire to enter into a Master Agreement to govern funding to the City for the costs of those projects and programs from current and future excess lease revenue bond proceeds; and WHEREAS, Community Redevelopment Law (Health and Safety Code Sections 33445 and 33679) authorizes a redevelopment agency, and its successor agency, to pay for the acquisition and development costs of publicly-owned buildings, facilities and improvements, if certain findings are made; and WHEREAS, Health and Safety Code Section 34177(l), as amended, requires a successor agency to prepare a Recognized Obligation Payment Schedule (“ROPS”) listing the former agency’s recognized enforceable obligations, payment sources, and related information for each six month fiscal period; and WHEREAS, Health and Safety Code Section 34191.4(c)(2)(A) requires that excess bond obligations be listed separately on a successor agency’s ROPS; and WHEREAS, the Successor Agency will list the Master Agreement on future ROPS as an obligation against excess lease revenue bond proceeds; NOW, THEREFORE, BE IT RESOLVED, by the City of Atascadero: Section 1. The City Council hereby authorizes the City Manager to negotiate and execute a Master Agreement (Exhibit A) with the Successor Agency to the Community Redevelopment Agency of Atascadero to transfer excess lease revenue bond proceeds to the City to fund redevelopment projects and programs not previously funded and obligated by the Successor Agency or the City, consistent with the bond covenants, in furtherance of the purposes of redevelopment under the California Community Redevelopment Law. Section 2. The City Manager or his or her designee is authorized to receive excess lease revenue bond proceeds from the Successor Agency to the City under the Master Agreement, including any excess bond proceeds currently held by the Successor Agency and any future excess bond proceeds received or held the Successor Agency. Section 3. The Master Agreement shall be reviewed and approved by the City Attorney as to form and legality, and copies shall be placed on file with the City Clerk. Section 4. The City Manager or his or her designee is authorized to take other action with respect to the Master Agreement consistent with this Resolution and its basic purposes. ITEM NUMBER: C-2 DATE: 08/12/14 ATTACHMENT: 1 PASSED AND ADOPTED at a regular meeting of the City Council held on the 12th day of August, 2014. On motion by _______ and seconded by ___________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Tom O’Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ____________________________________ Brian Pierik, City Attorney ITEM NUMBER: C-2 DATE: 08/12/14 ATTACHMENT: 2 1 MASTER AGREEMENT REGARDING EXPENDITURE OF EXCESS BOND PROCEEDS This Agreement Regarding Expenditure of Excess Bond Proceeds (“Agreement”) is entered into on _________________, 2014 by and between the Successor Agency to the Community Redevelopment Agency of Atascadero (“Successor Agency”) and the City of Atascadero, a municipal corporation (“City”). The Successor Agency and the City are hereinafter collectively referred to as the “Parties.” RECITALS A. Pursuant to authority granted under Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.) (“CRL”), the former Redevelopment Agency of the City of Atascadero (“Redevelopment Agency”) had responsibility to implement the Redevelopment Plan (“Redevelopment Plan”) for the Atascadero Redevelopment Project, originally approved on July 13,1999, by Ordinance No.362 enacted by the City Council of the City of Atascadero (the “City Council”); and the Redevelopment Agency of the City of Atascadero (“RDA”). B. Pursuant to an Indenture of Trust dated as of September 1, 2010, and executed by and between the Atascadero Public Financing Authority (“Authority”) and the Bank of New York Mellon Trust Company, N.A. as Trustee (the “Indenture”), the Authority issued Lease Revenue Bonds, Series A in the original principal amount of $16,010,000 (hereafter “Lease Revenue Bonds”) for the purpose of financing certain repairs and improvements to the historic City of Atascadero City Hall and the acquisition and development of other capital projects within the geographic boundaries in the City of Atascadero. Specifically, in 2003 the historic City Hall had been significantly damaged by the San Simeon Earthquake, and the issuance of the Lease Revenue Bonds represented local agency cost sharing in the Federal Emergency Management Agency’s and California Emergency Management Agency’s agreement to fund in part the restoration of the historic structure. C. On June 28, 2011, unbeknownst to the City and RDA, the Governor had signed Assembly Bill x1 26 (“AB 26”), putting an immediate halt to all redevelopment activities in the State of California and providing for the wind-down and dissolution of redevelopment agencies. D. Pursuant to Resolution No. 2012-002 adopted by the City Council on January 10, 2012, the City agreed to serve as the Successor Agency to the Redevelopment Agency commencing upon dissolution of the Redevelopment Agency on February 1, 2012. E. On March 8, 2013 the Successor Agency received its Finding of Completion under Health and Safety Code Section 34179.7 from the Department of Finance. F. Health and Safety Code Section 34191.4(c) provides that once the Finding of Completion has been issued by the Department of Finance, the Successor Agency is authorized to use bond proceeds for the purposes for which the bonds were sold if such proceeds remain available after ITEM NUMBER: C-2 DATE: 08/12/14 ATTACHMENT: 2 2 the satisfaction of enforceable obligations that have been approved on a ROPS (hereafter, “Excess Bond Proceeds”). G. As of August 12, 2014, the Successor Agency expects to have Excess Bond Proceeds available from the Lease Revenue Bonds, and it is the intent of the Parties that all such Excess Bond Proceeds be used for the purposes for which the Lease Revenue Bonds were issued, specifically, for final payments and reimbursements on the now-completed City Hall repairs and improvements and for other capital projects to be undertaken within the Redevelopment Plan project area and with the Redevelopment Plan. In addition, the Federal Emergency Management Agency may request from the Successor Agency some of the proceeds of the Lease Revenue Bonds for City Hall project costs previously borne by that federal entity H. The execution of this Agreement was approved in a public meeting by the City Council acting in its capacity as the governing board of the City and in its capacity as the governing board of the Successor Agency August 12, 2014. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises herein contained, the Parties hereby agree as follows. 1. Effective Date. Because the Department of Finance has issued a finding of completion to the Successor Agency and the Successor Agency has the authority to transfer excess bond proceeds, this Agreement shall become effective when it is deemed effective in accordance with Health & Safety Code § 34179(h). 2. Term. The term of this Agreement shall commence on the Effective Date, and shall continue in effect until the date that all Excess Bond Proceeds are expended in accordance with the requirements of this Agreement. 3. Use of Excess Bond Proceeds. The City agrees that it will use the Excess Bond Proceeds for financing improvements to the historic City of Atascadero City Hall and, if any Excess Bond Proceeds remain after those improvements are financed, for the acquisition and development of other capital projects within the geographic boundaries of the former RDA consistent with the requirements and covenants of the Lease Revenue Bonds, Series A and the provisions of the CRL that apply to the expenditure of redevelopment bonds, including but not limited to payments to the Federal Emergency Management Agency and the California Emergency Management Agency if so demanded by those entities. The Successor Agency acknowledges and agrees that a portion of the Excess Bond Proceeds will be used to reimburse the City for improvements to the historic City Hall for which contracts were not in place as of the date of adoption of AB 26 and for which the City utilized reserve and other funds to provide temporary or gap funding for the period of time between the adoption of AB 26 and the freeing-up of the Excess Bond Proceeds upon the issuance of the finding of completion. 4. Transfer of Excess Bond Proceeds. Upon the Effective Date, or as soon thereafter as Excess Bond Proceeds become available, the Successor Agency shall transfer Excess Bond Proceeds to the City, and the City shall deposit such funds into separate Excess Bond Proceeds ITEM NUMBER: C-2 DATE: 08/12/14 ATTACHMENT: 2 3 Accounts for City’s use in accordance with the terms, conditions, and purposed set forth in this Agreement. 5. Project Approvals; Environmental Review. This Agreement is not intended to limit in any manner the discretion of City in connection with the issuance of approvals and entitlements for the projects described in this Agreement, nor to avoid legally required processes attendant to project approval, including without limitation, the undertaking and completion of any required environmental review pursuant to CEQA and NEPA, as applicable, and the review and approval of plans and specifications. 6. Severability. If any term, provision, covenant, or condition set forth in this Agreement is held by the final judgment of a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions, covenants, and conditions shall continue in full force and effect to the extent that the basic intent of the Parties as expressed herein can be accomplished. In addition, the Parties shall cooperate in good faith in an effort to amend or modify this Agreement in a manner such that the purpose of any invalidated or voided provision, covenant, or condition can be accomplished to the maximum extent legally permissible. 7. No Third-Party Beneficiaries; Assignments. Nothing in this Agreement is intended to create any third-party beneficiaries to this Agreement, and no person or entity other than the Successor Agency and the City, and the permitted successors and assigns of either of them, shall be authorized to enforce the provisions of this Agreement. 8. Further Assurances. Each Party agrees to execute, acknowledge and deliver all additional documents and instruments, and to take such other actions as may be reasonably necessary to carry out the intent of the transactions contemplated by this Agreement. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 11. Amendments. This Agreement may be modified or amended, in whole or in part, only by an instrument in writing, executed by the Parties. ITEM NUMBER: C-2 DATE: 08/12/14 ATTACHMENT: 2 4 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ATASCADERO By: Tom O’Malley, Mayor Attest: _______________________________ Marcia McClure Torgerson, C.M.C., City Clerk Approved as to form: _______________________________ Brian Pierik, City Attorney SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO By: Rachelle Rickard, Executive Director