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
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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