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HomeMy WebLinkAboutAgenda Packet 05/13/2003 r v � i9 CITY OF ATASCADERO CITY COUNCIL AGENDA TUESDAY, MAY 13, 2003 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4th Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. COUNCIL CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a) Conference with legal counsel - Existing litigation (Govt. Code Sec. 54956.9 (a)) 1. Environmental Center of SLO v. City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Clay 1 ROLL CALL: Mayor Clay Mayor Pro Tem Luna ID Council Member Scalise Council Member O'Malley Council Member Pacas INTRODUCTIONS: 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 five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call` PRESENTATIONS: 1. Proclamation declaring 2003 "International Year of Freshwater" and May 2003 "California's Water Awareness Month." • 2. Nomination of City of Atascadero for "Operation School Bell Award" by National Assistance League 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.) 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 orpublicwishes to comment or ask questions. if comment or discussion is desired:by anyone, the item will be removed from the consent calendar and will be considered in the listed- sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Minutes -April 22, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of April 22, 2003. [City Clerk] • 2 2. Consideration and Adoption of Resolutions Establishing Service Fees and Establishing Development Impact Fees; Consideration and Adoption, on Second Reading by Title Only, of Ordinances Establishing Procedures for Service Fees and for Development Impact Fees ■ Fiscal impact: There are no new fiscal impacts that have not already been identified. • Staff recommendation: City Council 1. Adopt, on second reading by title only, the draft Ordinance, amending the Atascadero Municipal Code by adding chapter 3.15 establishing a fee and service charge revenue/cost comparison system; and, 2. Adopt draft Resolution, establishing a schedule of fees and charges for city services; and, 3. Adopt, on second reading by title only, the draft Ordinance, amending and restating the Atascadero Municipal Code in regards to development impact fees; and, 4. Adopt draft Resolution, establishing a schedule of development impact fees. [City Attorney] 3. Purchase of Property at Entrance to Stadium Park • Fiscal impact: $50,000 from the Tree Mitigation Fund. ■ Staff recommendation: Council reaffirm City's commitment to appropriate $50,000 from the Tree Fund to be used to purchase the property currently owned by Mrs. Nellie Kennedy at the entrance to Stadium Park with ownership of the property maintained by the Atascadero Land Preservation Society. [City Manager] 4Purchase of Truck Wastewater Division • Fiscal impact: $26,860.44 (in FY 2001-2003 budget) • Staff recommendation: Council authorize the Wastewater Division to purchase a flatbed truck. [Public Works] 5. Animal Control Services Agreement • Fiscal impact: Funds for the agreement are allocated to the Police Department budget from the general fund. July 1, 2003 to June 30, 2004 - $80,041.50; July 1, 2004 to June 30, 2005 $96,049.80; July 1, 2005 to June 30, 2006- $115,259.76. ■ Staff recommendation: Council authorize the City Manager to execute an Agreement for Animal Control Services with the County of San Luis Obispo for the period July 1, 2003 through June 30, 2006. [Police Dept.] B. MANAGEMENT REPORTS: 1.1 National Pollution Discharge Elimination System, Phase II ■ Fiscal impact: Substantial unbudgeted impact. First year cost is estimated at $73.500. ■ Staff recommendation: City Council 1. Receive and comment on the draft City of Atascadero Storm Water Management Plan (SWMP). 2. Request public input on the draft City of Atascadero SWMP. 3. Direct staff on funding options to implement the measurable goals of the SWMP. [Public Works] • 2.: Information Bulletin a. North County Aquatics Summer Swim Lessons 3 C. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): • Mayor Clay 1. Water Committees 2. County Mayor's Round Table Mayor Pro Tem Luna 1. Finance Committee 2. Integrated Waste Management Authority(IWMA) Council Member Scalise 1 Atascadero State Hospital Advisory Board 2. Local Agency FormationCommissions (LAFCO) 3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority(SLORTA) Council Member O'Malley 1. Finance Committee 2. City/Schools Committee 3. Air Pollution Control District(APCD) 4. League of California Cities-Grassroots Network 5. Economic Vitality Corporation, Board of Directors(EVC) Council Member Pacas 1. City/Schools Committee 2. Atascadero Youth Task:Force • D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager E. ADJOURNMENT: Please note: Should anyone challenge,any proposed development entitlement'listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Cheryl DeJong, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the May 13, 2003 Regular Session of the Atascadero City Council was posted on May 7, 2003 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 7th day of May 2003 at Atascadero, California. Cheryl DeJ ng, De City C erk • City of Atascadero 4 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 7:00 p.m., in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk (Room 311) and are available for public inspection during City Hall business hours at the Central Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documentssubmitted 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, (805) 461- 5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • • You must approach the podium and be recognized by the Mayor • Give your name and address(not required) • Make your statement - • All comments should be made to the Mayor and Council • All comments limited to 5 minutes(unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address(not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum(unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA Allbuss in ess matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council meeting. Should you have a matter you wish to bring before the Council,please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline: "2003, International Year of Freshwater" • & "May, California's Water Awareness Month" WHEREAS, 2003 has been proclaimed the International Year of Freshwater and May as California's Water Awareness Month; and WHEREAS, water is one of the few most basic and essential needs of every living creature; and WHEREAS, The City of Atascadero believes that citizens should have a safe and dependable supply of water both now and in the future; and WHEREAS, the problems and challenges of meeting future water supply needs are many and growing in cost and complexity; and WHEREAS, the water needs for agriculture, industry, domestic use, and the environment are increasing while the supply of available water is shrinking; and WHEREAS, water quality and supply are inextricably linked to the land:uses within the watersheds that produce them; and • WHEREAS, it is the responsibility of all citizens to conserve and preserve water as a legacy y for future generations; and WHEREAS, it has been demonstrated that the elimination of wasteful water-use practices and improved water-use efficiencies dramatically reduce water usage; and WHEREAS, Water Year 2003 and California's Water Awareness Month'offer excellent opportunities to share information on the quality, quantity and importance of one of the Earth's most important resources; and WHEREAS, we join with the Atascadero Mutual Water Company in calling upion each citizen to protect our source waters from pollution,practice water conservation, support water recycling and get involved in local water issues. NOW, THEREFORE, We, the Atascadero CityCouncil, on behalf of all the citizens of Atascadero, do hereby proclaim 2003 as the "Year of Freshwater" and "May as California's Water Awareness Month" and ask all citizens to become more informed about and actively involved in local water issues. R rry L. y, Sr., Mayor ity of t scadero May -1-3. 2003 001 ITEM NUMBER: A-1 DATE: 05/13/2003 . 1A79 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, April 22, 2003 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. COUNCIL CLOSED SESSION: • All Closed Session items were continued. REGULAR SESSION: Mayor Clay called the meeting to order at 7:00 p.m. and Council Member Pacas led the Pledge of Allegiance. ROLL CALL: Present: Council Members Pacas, O'Malley, Scalise, Luna and Mayor Clay Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Redevelopment Specialist John Jansons, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Information Technology Director Andrew Fruin, Planning Services Manager Steve McHarris, Police Chief Dennis Hegwood, Fire Chief Kurt Stone, and City Attorney Roy Hanley. CC 04/22/03 002 Page 1 ITEM NUMBER: A-1 DATE: 05/13/2003 COMMUNITY FORUM: Steve Shivley, Pastor at Calvary Chapel, led the attendees in a prayer. Mayor Clay closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to approve the agenda. Motion passed 5:0 by roll-call vote. PRESENTATIONS: 1. Proclamation declaring May 2003 "Teen Pregnancy Prevention Month" Council Member Pacas read the proclamation and Mayor Clay presented it to Shannon Johnson, EOC Health Services. 2. Proclamation recognizing Larry Kessinger, Coordinator of; Atascadero State Hospital Volunteer Service Program • Council Member Scalise read the proclamation and Mayor Clay presented it to Mr. Kessinger. 3. Proclamation declaring May 4, 2003 "Prayer Day" Council Member O'Malley read the proclamation and Mayor Clay presented it to Pastor Shivley. 4. Proclamation declaring April 27 — May 3, 2003 "International Compost Awareness Week" Council Member Scalise read the proclamation and Mayor Clay presented it to Steve Rossi, Transport Service, Bill Worrell, Director of International Waste Management Association (IWMA) and Jim Patterson, Recycling program. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Clay commended Brady Cherry for sponsoring the Vietnam Veterans Moving Wall in Sunken Gardens. •iY X CC 04/22/03 v 003 Page 2 ITEM NUMBER: A-1 DATE: 05/13/2003 • A. CONSENT CALENDAR: 1. City Council Minutes — March 25, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of March 25, 2003. [City Clerk] 2. City Council Minutes —April 8, 2003 • City Clerk recommendation: City Council approve the City Council minutes of April 8, 2003. [City Clerk] 3. March Disbursements — March 2003 Accounts Payable & Payroll ■ Fiscal impact: $1,119,034.33 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for March 2003. [Administrative Services] 4. Authorization of Signers to Execute Documents with Financial Institutions ■ Fiscal impact: None. • Staff recommendation: City Council adopt the draft Resolution naming the individual positions authorized to execute documents with Mid-State Bank, investment companies, and other financial institutions. [Administrative Services] 5. Redevelopment Plan Amendment • Fiscal impact: None. • • Staff recommendation: Council adopt on second reading, by title only, the attached draft Ordinance, enacting amendments to Ordinance 362 approving and adopting the Atascadero Redevelopment Project and Redevelopment Plan. [City Manager] 6. Zone Change 2002-0032 - The Villas at Montecito - 28-Unit Multi-Family Planned Development #18 and Commercial Retail Zoning for a 6,400 SF Office Building (9500 Las Lomas Avenue / Hendrix) • Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, residential planned development overlay zones do not require services beyond that which would be permitted within a underlying residential zoning district; however, office-commercial uses require services that exceed the revenue generated by the uses. ■ Staff recommendation: City Council adopt on second reading, by title only, the attached draft Ordinance, enacting Zone Change 2002-0032 adding the PDA 8 overlay to an RMF-16 site, and changing an 8,892 square foot portion of the site from RMF-16 to CR. [Community Development] 7. Zone Chanqe 2003-0043 - The Villas at Montecito - 28-Unit Multi-Family Planned Development Establishing Planned Development #18 (9500 Las Lomas Avenue/ Hendrix) ■ Fiscal impact: The project would likely have no negative impact on City revenues. As a general rule, residential planned development overlay zones do not require services beyond that which would be permitted within an underlying residential zoning district. ■ Staff recommendation: City Council adopt on second reading, by title only, the attached draft Ordinance, enacting Zone Change 2003-0043 establishing a PD-18 zoning overlay district. [Community Development] CC 04/22/03 004 Page 3 ITEM NUMBER: A-1 DATE: 05/13/2003 8. Zone Change 2003-0038 - Conversion of Existing 1,925 Square Foot • Building From Office Use to Single-Family Residence (7905 Curbaril Avenue / Black) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwelling require services that exceed the revenue generated by the dwelling. • Staff recommendation: City Council adopt on second reading, by title only, the attached draft Ordinance, enacting Zone Change 2003-003 changing a CR zone to an RMF-10 zone. [Community Development] 9. Weed/Refuse Abatement Program • Fiscal impact: The City recovers costs for administering this program through the 100% administrative fee, which is placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2003-2004 Tax Roll. • Staff recommendation: Council adopt the draft Resolution, declaring vegetative growth and/or refuse a public nuisance, commence proceedings for the abatement of said nuisances, and place all abatement fees on the San Luis Obispo County Special Tax Assessment for the fiscal year 2003-2004 Tax Roll. [Fire Department] 10. Self Contained Breathing Apparatus Award Contract • Fiscal impact: No General Fund impact. While the Assistance to Firefighters Grant requires a 10% match,this match was met with the purchase of the air machine. ■ Staff recommendation: Council authorize the City Manager to execute the contract with Bauer Compressors for the purchase of 25 Self Contained Breathing Apparatus and equipment' at a cost of $141,561.22. Money will be allocated from 2002 Assistance to Firefighter's Grant Program. [Fire Department] . 11. Revised Disadvantaged Business Enterprise Goal ■ Fiscal impact: Staff time to monitor DBE Program. ■ Staff recommendation: Council adopt revised Disadvantaged Business Enterprise (DBE) participation goal. [Public Works] 12. Sewer Extension Reimbursement Agreement Chauplin Avenue — Phase II ■ Fiscal impact: ' The city will collect a 2% Administrative Charge from all reimbursements: This charge will be deducted from the total amount refunded to Mr. Finch. ■ Staff recommendation: Council authorize the Mayor to execute the Public Extension Reimbursement Agreement with J. Michael Finch for sewer extension. [Public Works] 13. Sewer Extension Reimbursement Agreement Junipero Avenue ■ Fiscal impact: :I The city will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded to Mr. Weatherman. ■ Staff recommendation: Council authorize the Mayor to execute the Public Extension Reim bursement,Agreement with Thomas Weatherman for sewer extension. [Public Works] 14. Sewer Extension Reimbursement Agreement Seperado Avenue ■ Fiscal impact: _: The city will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded to Mr. Gaultney. ■ Staff recommendation: Council authorize the Mayor to execute the Public Extension Reimbursement-Agreement with Glen Gaultney for sewer extension. [Public Works] CC 04/22/03 - 005 Page 4 ITEM NUMBER: A -1 DATE: 05/13/2003 15. El Camino Realr ' G avity Sewer Main Extension Consultant Services Agreement Amendment ■ Fiscal impact: $27,000 in Amendment to Contract • Staff recommendation: Council authorize the City Manager to execute an amendment to the Consultant Services Agreement with Cannon Associates for the EI Camino Real Gravity Sewer Main Extension project. [Public Works] MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to approve Items #A-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15. Motion passed 5:0 by a roll-call vote. (Clay opposed Item #A-8) (Item #A-4 Resolution No. 2003-020, Item #A-5 Ordinance No. 415, Item #A-6 Ordinance No. 416, Item #A-7 Ordinance No. 417, Item #A-8 Ordinance No. 418, Item #A-9 Resolution N. 2003-021, Item #A-10 Contract No. 2003-012, Item #A-12 Contract No. 2003-013, Item #A-13 Contract No. 2003-014, Item #A-14 Contract No. 2003-014) B. PUBLIC HEARINGS: 1. Adoption of Development Impact Fee Adjustments and Operational Service Fees for Development Services ■ Fiscal impact: Actual revenues are not estimated; they will offset expenses associated with providing services to new development. ■ Staff recommendation: Council accept public comment and: 1. Approve the Atascadero Facilities Master Plan dated November 2002. 2. Introduce for first reading, by title only, Draft Ordinance amending the Municipal Code, establishing revised Development Impact Fees per staff recommended Schedule 2.1 in Development Impact Fee Staff Report. 3. Introduce for first reading by title only of the Draft Ordinance amending the Municipal Code, by adding Chapter 3.32, establishing a fee and service charge revenue/cost comparison system for the City's operational fees. 4. Approve the adoption of Service Fees S-001 through S-041 and S-047 through S-068, establishing fee and service charge/cost 'recovery systems for development related services. [City Manager] Community Services Director / Assistant City Manager Brady Cherry gave the staff report and answered questions of Council. Also, Scott Thorpe and Eric Johnson of RCS Services, the consulting firm that prepared the fee study, answered specific questions of Council Mayor Clay recessed the hearing at 8:15 p.m. Mayor Clay called the meeting back to order at 8:30 p.m. • CC 04/22/03 006 Page 5 ITEM NUMBER: A- 1 DATE: 05/13/2003 PUBLIC COMMENT Brian Reynolds, Library Director City/County Library, encouraged the Council to approve the Library Expansion Facilities fee proposed tonight. David Bentz, 10275 San Marcos Road, stated the City should base their fee calculations on actual revenueand costs rather than budgeted revenue and cost estimates. Jim Shores, 6700 EI Camino Real, expressed his opposition to raising the City's fees for development. Bonita Borgeson, 4780 Del Rio Road, President of Friends of the Library, stated she supports the adjustment in the fee structure and feels it is necessary to keep up with the needs of the 21St century. She is pleased to see Library Expansion fees included in the proposal. Eric Greening, 7365 Valle Avenue, stated he recognizes the painfulness of the proposed increase in fees, but feels the case has been made for it, with the exception of the large circulation category. Richard Moen, 4200 Portola 'Road, felt the impact fees as proposed would be burdensome to developers at this time. He is in favor of some of the increases, especially those that impact traffic circulation. Mike Jackson, 5502 Ensenada, urged the Council to attract businesses to Atascadero. Jerry Bunin, Government Affairs Director for Home Builders Association, stated that his association supports the staff `recommendations. He urged the Council to require payment at time of occupancy. :He asked for an explanation for the fee for the City to relocate the corporation yard. Gary Bang, 7950 EI Camino Real, said he is currently in the midst of developing his property. He stated it has been.*very expensive, but if he were to have started after this increase of fees, he wouldn't be able to afford it. Joanne Main, 8940 San Gabriel Road, Chamber of Commerce, stated she feels the City needs to do further studies as the numerous fees being proposed will retard development within the community. Theresa, 28-year resident of Atascadero, said Staff's comparisons to other cities are not accurate. She agrees that Atascadero needs to increase their fees, but this proposal is too high. Wayne Marian, 11190 Santa Lucia, explained that the Council should not only look at • the fees but also the process of acquiring a permit from the City. CC 04/22/03 „ 007 Page 6 ITEM NUMBER: A- 1 DATE: 05/13/2003 • Mike Zappas, 8189 San Dimas Lane, expressed his concerns with the proposed fee increases. Ernie French, 4700 Alamo Avenue, stated he agrees the City's fees need to be increased, but suggested they be raised incrementally, possibly over a 3-year period. Jim Patterson, 9312 North Santa Margarita Road, supports the increase of the City's fees but suggested they be implemented realistically. Richard Shannon, 507 San Benito Road, told the Council these proposed increased fees are scaring away outside developers. Frank Henderson, Architect, stated several of the developers with whom he works are concerned with the timeline for projects currently in the pipeline. Bruce Buckingham, 12650 San Cayetano, suggested Council look at ways to recoup fees from people living in the county areas surrounding Atascadero who utilize City services. He urged Council to consider a fee waiver for affordable housing that is below market value. Tricia Cruz-Jorgenson, 5460 Mariquita Avenue, stated she supports a reasonable fee increase, but she feels the consultant's reports need more work. David Bentz spoke about charges for depreciation on buildings and felt this practice would be asking citizens to pay twice for facilities that are already in place. Mr. Bentz suggested several additional changes to the proposed fee structure and supported the idea of opening this topic up to a community-wide forum. Mayor Clay closed the Public Comment period. Mayor Clay recessed the meeting at 9:55 p.m. Mayor Clay called the meeting back to order at 10:12 pm. Scott Thorpe and Mayor Pro Tem Luna addressed questions raised during the Public Comment period. There was Council discussion regarding the staff report and recommendations. MOTION: By Council Member O'Malley and seconded by Mayor Clay to adopt staff recommendations 1 through 4 with the following changes: 1. Section 3-14.05 EXCEPTIONS: (c): Buildings or structures which are "clearly accessory to a principal use" such as • fences, pools, patios, parking spaces, garages, residential accessory buildings (except guest houses and second units) and agricultural accessory buildings as outlined in Title 9; CC 04/22/03 Q Page 7 008 vj�8 ITEM NUMBER: A-1 DATE: 05/13/2003 2. Will collect impact fees upon final inspection and before • occupancy. 3. Following changes to staff report's Exhibit C: a. Library Expansion Facilities—reduced to $200. b. Parkland and Open Space Acquisition to be combined with General Government Facilities and limited to $3,000. c. These changes will pertain to the residential options including Mobile Homes. Motion Passed 3:2 by a roll-call vote. (Scalise and Luna opposed) MOTION: By Council Member O'Malley and seconded by Mayor Clay that on the commercial items all four related to Tourist Commercial Lodging, Commercial, Office, Manufacturing Industrial be postponed in terms of the implementation of the fee change until March 1, 2004 and prior to that time staff would do a target study that would allow for a multi-tiered fee. Motion passed 3:2 by a roll-call vote. (Scalise and Luna opposed) MOTION: By Council Member O'Malley and seconded by Mayor Clay to agendize a report by the City Manager within six months on processing time and efficiency review of the Community Development Department as well as looking at the implementation plan for the computerized tracking. Motion passed 4:1 by a roll-call vote. (Luna opposed) MOTION: By Mayor Pro Tem Luna and seconded by Mayor Clay to go past 11:00 p.m. Motion passed 4:1 by a voice vote. (Scalise opposed) MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendation #4 to approve adoption of service fees. Motion passed 4:1 by a roll-call vote. (Scalise opposed) C. MANAGEMENT REPORTS: 1. City Council Goals for the Fiscal Year 2003-2004 ■ Fiscal impact: No fiscal impact is calculated. Actual impact would be presented as specific proposals are brought forward. ■ Staff recommendation: Council affirm and file Action Plans for the 2003=04 Strategic Initiatives. [City Manager] City Manager er Wade McKinneyave the staff report. 9 P CC 04/22/03 009 Page 8 ITEM NUMBER: A- 1 DATE: 05/13/2003 . PUBLIC COMMENT - None MOTION: By Mayor Pro Tem Luna and seconded by Council Member O'Malley to affirm and file Action Plans for the 2003-04 Strategic Initiatives. Motion passed 5:0 by a roll-call vote. 2. Memorandum Of Understanding North County Urban Area Transit Operators • Fiscal impact: This change results in a shift in funding from the Rural 5311 funds to Urban 5307 funds. The North County Urbanized Area will receive approximately $550,000 the first year. This is a significant increase when compared to the 2001/02 Countywide 5311 apportionment of$422,000. ■ Staff recommendation: City Council authorize the Mayor to execute the attached Memorandum of Understanding (MOU) between SLOCOG and Public Transportation Providers. [Public Works] Public Works Director Steve Kahn gave the report. PUBLIC COMMENT — None MOTION: By Council Member Scalise and seconded by Council Member • O'Malley to authorize the Mayor to execute the Memorandum of Understanding (MOU) between SLOCOG and Public Transportation Providers. Motion passed 5:0 by a roll-call vote. (Contract No. 2003-016) D. COMMITTEE & LIAISON REPORTS: Council Member Scalise 1. Local Agency Formation Commissions (LAFCO): Taking public comment on the Nipomo Sphere and preparing for the end of May report on the plans for Atascadero. Council Member Pacas 1. City/Schools Committee: Children's Day in the Park is scheduled for May 17th E. INDIVIDUAL DETERMINATION AND/OR ACTION: None F. ADJOURNMENT: Mayor Clay adjourned the meeting at 11:05 p.m. to the joint Study Session with the Planning Commission on May 7, 2003. MEETING RECORDED AND MINUTES PREPARED BY: • Marcia McClure Torgerson, City Clerk CC 04/22/03 0 10 Page 9 ITEM NUMBER: A-2 DATE: 05/13/2003 SIR a4 ' • 1918 Atascadero City Council City Attorney Report Consideration and Adoption of Resolutions Establishing Service Fees and Establishing Development Impact Fees; Consideration and Adoption, on Second Reading by Title Only, of Ordinances Establishing Procedures for Service Fees and for Development Impact Fees RECOMMENDATIONS: City Council: • 1. Adopt, on second reading by title only, the draft Ordinance, amending the Atascadero Municipal Code by adding chapter 3.15 establishing a fee and service charge revenue/cost comparison system; and, 2. Adopt draft Resolution, establishing a schedule of fees and charges for city services; and, 3. Adopt, on second reading by title only, the draft Ordinance, amending and restating the Atascadero Municipal Code in regards to development impact fees; and, 4. Adopt draft Resolution, establishing a schedule of development impact fees. DISCUSSION: Background: These issues were first addressed by the City Council at -its strategic planning sessions more than a year ago. Staff was directed to contract for a study of service and development impact fees in the City of Atascadero. All required public hearings were held. In fact, the City conducted more public hearings than..required. At • the Council meeting of April 22, 2003, after hearing public testimony as well, the Council made amendments to and then introduced for first reading by title only the 021 ITEM NUMBER:'' A-2 DATE: 05/13/2003 attached ordinance regarding development impact fees. The City Council also • introduced for first reading, by title only, the attached ordinance regarding service fees. These matters are now back for second reading. An ordinance must have two readings to be passed. If any changes are made at this meeting, that will constitute a "first reading." If no changes are made, the ordinances may be adopted at this meeting. The ordinances will then be published, and it will be effective 60 days after its passage. Normally ordinances are effective 30 days after passage. The ordinances as drafted, do not have to be changed to reflect these facts. The two ordinances each contemplate that the actual fees will be set by resolution. Service fees and development impact fees may legally be set by resolution. AB 1600 does provide that the fees, though set by resolution, do not become effective for 60 days. If adopted tonight, the fees set by the resolutions placed before you will go into effect on July 13, 2003. Unlike ordinances, resolutions do not have to have two readings. Therefore, the resolutions may be changed tonight if the City Council desires, and they will still go into effect on July 13, 2003. If the City Council wants to discuss the effective date of the development impact fees for non-residential projects, they may legally do so. However, the ordinance introduced for first reading specifies March of 2004 as the effective date for those fees. Any change of the effective date of those fees requires an amendment to the impact fee ordinance. This means any change creates a new first reading and could postpone the effective date of the fees overall. • Staff has decided to bring two resolutions before you. Initially, some of the service fees were approved at the April 8 meeting and the rest at the April 22 meeting. The City could proceed with two separate resolutions for those sub sets of service fees. Staff feels it is better procedure to bring this back and have one resolution that clearly sets forth and covers all service fees. This does mean that the service fees likewise go into effect on July 13, but staff recommends the use of one clear resolution and schedule rather than multiple documents. The advantages to staff and to the public outweigh any minor delay in imposition of the service fees. One issue that bears further discussion is the affect of the newly adopted impact fees on mixed uses in the commercial district. The newly adopted general plan allows for mixed use in non-prime commercial locations. However,while the general plan would allow such mixed uses, the City has not yet adopted an ordinance to implement that general plan goal. Therefore, the only uses presently allowed in the commercial zone as a matter of right are commercial uses. The intent of the impact fee.ordinance as it is currently drafted is to apply the commercial impact fees to commercial development and residential impact fees to residential development. When mixed uses are allowed by ordinance, the impact fees will be calculated based upon the relevant uses proposed. • 012 ITEM NUMBER: A-2 DATE: 05/13/2003 • FISCAL IMPACT: There are no new fiscal impacts that have not already been identified. ALTERNATIVES: The City Council has all of the alternatives discussed above. The resolutions establishing the service fees and the development impact fees may be changed. The ordinances may be amended and introduced as amended for a new first reading. ATTACHMENTS: Draft ordinances, Draft resolutions 013 DRAFT ORDINANCE • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY ADDING CHAPTER 3.15 ESTABLISHING A FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM. The City Council hereby finds and declares as follows: SECTION 1. Chapter 3.15 of the Atascadero Municipal Code is hereby added to read as follows: CHAPTER 3.15 FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM SECTIONS 3.15.010 Findings and Intent 3.15.020 Delegation of Authority and Direction to Manager 3.15.030 Costs Reasonably Borne Defined 3.15.040 Schedule of Fees and Service Charges 3.15.050 Public Meeting 3.15.060 Provision of Data 3.15.070 Appeal to City Council Section 3.15.010 Findings and Intent (a) Pursuant to Article XIIIB of the California Constitution, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably borne from fees, charges and regulatory license fees levied therefore in providing the regulation, products or services hereinafter enumerated in the Chapter. (b) The fee and service charge revenue/cost comparison system set forth in this Chapter provides a mechanism for ensuring that fees adopted by the City for services rendered do not exceed the reasonable estimated cost for providing the services for which the fees are charged. • 014 • (c) The adoption of this Chapter is exempt from the California Environmental Quality Act (Public Resources Code Sections 21080 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of City department, as set forth in Public Resources Code Section 21080 (b) (8) (1). Section 3.15.020: Delegation of Authority and Direction to Manager (a) The City Manager is hereby delegated the authority and directed to provide documents to the City Council to implement its herein enumerated policy to adjust fees and charges to recover the percentage of costs reasonably borne as established hereby, in providing the regulation, product or service enumerated in this Chapter in the percentage of costs reasonably borne and on the schedule of rate review and revision as hereinafter established in this Chapter. (b) The City Manager is hereby delegated authority to issue Executive Orders defining terms, setting out administrative, fee collection, and financial procedures, definitions, and establishing effective dates of all fees set by the City Council by resolution. All Executive Orders shall be originated and signed by the affected department head, shall be signed by the Finance Director certifying that the financial requirements of this Chapter are complied with, and shall be signed by the City Manager connoting the effective date of the Executive Order and new or revised rate structure, procedure or definition. (c) "Costs reasonably borne" shall be as defined in Section 3.15.030. In adjusting fees and charges, the City Manager shall act .'in an administrative and ministerial capacity and shall • consider only the standards and criteria established by this Chapter, and the procedures set hereby and by applicable State law. All Executive Orders issued hereunder shall comply in all respects with this Chapter, and the several schedules of fees and rates as set by the City Council by resolution. Section 3.15.030: "Costs Reasonably Borne" Defined "Costs reasonably borne," as used and ordered to be applied in this Chapter are to consist of the following elements: (a) All applicable direct costs including, but not limited to salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operation expenses, contracted services, special supplies, and any other direct expense incurred. (b) All applicable indirect costs including, but not restricted to, building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, vehicle expenses, insurance, debt service, and like expenses when distributed on an accounted and documented rational proration system. (c) Fixed asset recovery expenses, consisting of depreciation of fixed assets, and additional fixed asset expense recovery charges calculated on the current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset. A further additional charge to make up the • difference between book value depreciation not previously recovered and reserved in cash and 015 the full cost of replacement, also shall be calculated and considered a cost so as to recover such • unrecovered costs between book value and cost of replacement over the remaining life of the asset. (d) General overhead, expressed as a percentage, distributing and charging the expenses of the City Council, City Attorney, City Manager, City Clerk, Finance Department, Personnel Office, and all other staff and support service provided to the entire City organization. Overhead shall be prorated between tax-financed services and fee-financed services on the basis of said percentage so that each of taxes and fees and charges shall proportionately defray such overhead costs. (e) Departmental overhead, expressed as a percentage, distributing and charging the cost of each department head and his or her supporting expenses as enumerated in subsections a, b, c, and f of this Section. (f) Debt service costs, consisting of repayment of principal, payment of interest, and trustee fees and administrative expenses for all applicable bond, certificate, or securities issues or loans of whatever nature or kind. Any required coverage factors or required or established reserves beyond basic debt service costs also shall be considered a cost if required by covenant within any securities ordinance, resolution, indenture or general law applicable to the City. Section 3.15.040: Schedule of Fees and Service Charges (a) The City Manager; Finance Director and each.City department head, under the direction of • the City Manager, shall review annually the fees and service charges listed following, and provide an adjusted fee or charge schedule to the City Council for its consideration so as to recover the listed percentage of costs reasonably borne necessary to provide the listed regulation, product or service. Percentage of Costs Reasonably Borne Regulation, Product or Service To Be Recovered I. Development Services: All New Services -At Inception.......................... 100% - All City Services Listed on Exhibit A (b) A Minimum Fee of$10 shall be charged in all instances except in the cases of numbers 65 and 68. (c) The hereinabove services as listed in this section shall be as:defined in that certain document entitled "Cost of Services Study for the City of Atascadero", dated November 2002, as produced by Revenue & Cost Specialists, LLC, of Fullerton, California. • 016 0 (d) All fees and charges set pursuant to this Chapter and Section shall take effect ten (10) days after the City Manager signs an Executive Order stipulating that all provisions of this Chapter have been complied with, and no written appeal has been filed. (e) The schedule of frequency of rate adjustments may be varied by the City Manager to adjust revenues sufficient to meet debt service coverage requirements, of any bond, certificate, or ordinance, resolution, indenture, contract, or action under which securities have been issued by the City which contain any coverage factor requirement. (f) The City Manager may vary the review schedule listed in the Section if, in the judgment of the City Manager and a directly affected and requesting department head, a gross inequity would be perpetrated by not revising the rate schedule. Any such rate revision which deviates from the review schedule as set herein shall be reported to the City Council at its next succeeding meeting. Section 3.15.050: Statutory Public Meeting Pursuant to California Government Code Section 66016 and 66018, the City Clerk shall cause notice to be provided as set out in Government Code Section 6062a, and the City Council periodically, at least annually, shall receive at a regularly scheduled meeting oral and written presentations concerning fees and charges proposed to be increased or added. Such notice, oral and written presentation, and public meeting shall be provided prior to the City Council taking any action on any new or increased fees or charges. At least one such public hearing shall be held annually, in conjunction with the City annual budget process and hearing per the requirements of Government Code Section 66018. Section 3.15.060: Provision of Data Pursuant to the California Government Code, at least ten (10) days prior to the required public hearing set, out herein, the City Manager shall make available to the public appropriate data indicating the cost, or estimated cost required to support the fees and charges for which changes are proposed to be made or fees or charges imposed. The City Manager also shall provide a summary of the present fee and charge schedules and those proposed at such annual public hearing. A general explanation of such changes also shall be published per the requirements of Government Code Section 6062a and 66016. Section 3.15.070: Appeal to City Council (a) Any person who feels that any fee or charge determined and set is in excess of the percentage of costs reasonably borne to be recovered as set out in this Chapter, or that such fee or charge has been reviewed prior to or has not been reviewed within the review schedule as set out herein, may appeal in writing to the City Council. (b) No feeor charge for which an appeal has been filed shall take effect until heard by the City Council. Such appeal shall be placed on the agenda of the next ensuing Council meeting after receipt of such appeal, and heard at the next ensuing Council meeting. Such appealed fee or 017 charge shall take effect immediately upon hearing by the City Council unless ordered otherwise • by the City Council by ordinance amending this Chapter. SECTION 2. SEVERABILITY If any portion of this Chapter is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Chapter regardless of the absence of any such invalid part. SECTION 3. REPEALER All Ordinances, Municipal Code Sections, Resolutions, City Council Motions, and all actions of all City Boards and Commissions in conflict herewith are hereby repealed. The fees and charges established by this Chapter shall supersede all previously established fees or charges for the same regulation, product or service, and all such previous fees and charges are hereby repealed on the effective date of the Executive Order of the City Manager provided in Section 3.15.040 (d) hereof. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 5. CERTIFICATION This ordinance shall be published one 1 time in the Atascadero News within fifteen 15 days • p O ( ) Y .after its adoption. PASSED, APPROVED AND ADOPTED this day of 12003. Jerry L. Clay, Sr., Mayor ATTEST: Marcia M. Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney 018 • DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES WHEREAS, the City of Atascadero has conducted an extensive and exhaustive analysis of its services, the costs reasonably borne of providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges. for special services; and, WHEREAS,the City wishes to comply with both the letter and the spirit of Article XIIIB of the California Constitution and limit the growth of taxes; and, WHEREAS, the City desires to establish a policy of recovering the full costs reasonably borne of providing special services of a voluntary and limited nature, such that general taxes are not diverted from general services of a broad nature and thereby utilized to subsidize unfairly and inequitably such special services; and, WHEREAS,heretofore the City Council will be adopting an Ordinance establishing • its policy as to the recovery of costs and more particularly the percentage of costs reasonably borne to be recovered from users of City services and directing staff as to the Methodology for implementing said Ordinance; and, WHEREAS,pursuant to Government Code Section 54994.1 the specific fees to be charged for services must be adopted by the City Council by Resolution, after providing notice and holding a public hearing; and, WHEREAS,notice of public hearing has been provided per California Government Code Section 6062a, oral and written presentations made and received, and the required public hearing held; and, WHEREAS, a schedule of fees and charges to be paid by those requesting such special services need be adopted so that the City might carry into effect its policies; and, WHEREAS,it is the intention of the City Council to develop a revised schedule of fees and charges based on the City's budgeted and projected costs reasonably borne for the Fiscal Year beginning July 1, 2001; and, WHEREAS, pursuant to California Government Code Section 6062a a general explanation of the hereinafter contained schedule of fees and charges has been published as required; and, • -`' 019 WHEREAS, all requirements of California Government Code Section 54994.1 are • hereby found to have been complied with; WHEREAS, the City Council has previously adopted Resolution No. 2003-019 setting forth such fees, and wishes to amend and restate that resolution in this one resolution to have all service fees contained in just one resolution, without rescinding said adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Fee Schedule Adoption. The following schedule of fees and charges are hereby directed to be computed by and applied by the various City departments, and to be collected by the City Administrative Services Department for the herein listed special services when provided by the City or its designated contractors. This resolution shall be interpreted as restating in their entirety Resolution No. 2003-019 such that only this resolution shall govern all service fees in the City of Atascadero. Section 2. Separate Fee for Each Process. All fees set forth by this resolution are for each identified process; additional fees shall be required for each additional process or service that is requested or required. Where fees are indicated on a per-unit of measurement basis the fee is for each identified unit or portion thereof within the indicated ranges of such units. A. Added Fees and Refunds. Where additional fees need to be charged and collected for completed staff work, or where a refund of excess deposited monies is due, and where • such charge or refund is ten dollars ($10.00) or less, a charge or refund need not be made, pursuant to California Government Code Sections 29373.1 and 29375.1 and amendments thereto. B. Defining and Timing of Fee Schedule. Definitions regarding and the timing of the implementation of the hereinafter enumerated fee schedules shall be as stipulated in the Atascadero Municipal Code Chapter 3-32. Section 3. Listing of Fees. The following fees shall be charged and collected for the following enumerated services: See Exhibit A Section 4. Interpretations. This Resolution maybe interpreted by the several City department heads in consultation with the City Manager and, should there be a conflict between two fees then the lower in dollar amount of the two shall be applied. A. It is the intention of the City Council to review the fees and charges as determined and set out herein based on the City's next Annual Budget and all the City's costs reasonably borne as established at that time and, as and if warranted, to revise such fees and charges based thereon. • 020 • Section 5. Constitutionality. If any portion of this Resolution is declared invalid or unconstitutional then it is the intention of the City Council to have passed the entire Resolution and all its component parts, and all other sections of this Resolution shall remain in full force and effect. Section 6. Repealer. All resolutions and other actions of the City Council in conflict with the contents of this Resolution are hereby repealed. Section 7. Effective Date. This Resolution shall go into full force and effect immediately, but shall be subject to the terms and conditions of Atascadero Municipal Code Chapter 3-32. PASSED, APPROVED, AND ADOPTED this 13th day of May 2003. Jerry L. 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F- W z Q W F-Oa W U> UDCC CC — Oa J W CC Om w0 ? w m > F- } } zw W Cc: (n wC[ a2Kw0E- 0mmwgQ >Ogw >- w w CC F- LLZUUa W F- CLC7 W FCL CLO JZ >• � ZJ W m0 W mz0� F m zwOzzgF- z O OgOpOUmwt-�n0 ¢ t- Ja W WOJw a O LU W W U) p — wJ > gZ C) C) 0- LU Cl 2 W -0a jxs �z(U—i—i Q m ¢z >� OW mOWUmz2 � m �a � } O O DUQCC CCWYYaW OHQW '� ZDW 2 z O O OW WadW W O Z U UJB WwQCCECOQ J W CL > 0 � 0 � (n2(n0�-Wwz 3:w �?�> � a Q w OOz � 2E- ¢ awQ a xa0wOUO (n0O ¢ U) a W W wOOwg U ct oCLQww (nas2F- 0 CLU ¢ CCJ W UQUm -j120ZMa2Z W m U 0 0 0 'It AF- 3 M (n O O O O O O O o 0O � r W .n- m N N N N N cz 7 cli 0 0 0 Q Q Q Q Q Q Q QQQQQQQQQQQQQQWW w w 031 DRAFT ORDINANCE • AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING AND RESTATING THE ATASCADERO MUNICIPAL CODE IN REGARDS TO DEVELOPMENT IMPACT FEES WHEREAS, residential, both single and multi-family, commercial, industrial, and other non-residential development in the City of Atascadero requires substantial public facilities and capital improvements pursuant to the City's General Plan, Capital Improvement Plan, and other similar policies; and WHEREAS, the cost of these public improvements are constantly escalating and funding resources for public facilities and capital improvements are diminished in terms of availability and control; and WHEREAS, the City Council has found that due to the increase in population in Atascadero, services in the area of drainage, traffic control, bridges, roads, parks, police, fire, administration and other public buildings and grounds, require improvement, not only to preserve services at their current level but to meet the needs of the public health, safety, and welfare; and WHEREAS, a mechanism is necessary to provide a predictable and equitable funding method for requiring new development to cover the costs of future public facilities and capital improvements attributable to that new development; and WHEREAS, the City of Atascadero as a general law city in the State of California has the power to impose valid regulatory fees pursuant to Government Code §66000 et seq.; and WHEREAS, all public hearing notices, and public reports have been provided as required by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS: SECTION ONE: Article 3 Chapter 14 of the Atascadero Municipal Code is amended and restated, in its entirety, as follows: Section 3-14.01: TITLE: This Chapter shall be known and may be cited as the "Development Impact Fee • Ordinance." 032 Section 3-14.02: SCOPE AND PURPOSE: The purpose of this Ordinance is to provide a predictable and equitable funding method of requiring new development to pay for the costs of future capital improvements, which will benefit such development. Thus, new development will be required to cover the cost of anticipated future public facilities and capital improvements so that the impact of new growth will be borne equitably by the new development. Section 3-14.03 DEFINITIONS: The following terms shall have the following meanings when used in this chapter. (a) 'Building" means any structure having a roof supported by columns and/or walls and intended for shelter, housing, and/or enclosure of any person, animal or chattel, but not including tents or mobile homes. (b) 'Building permit" means a building permit for residential, nonresidential, or mobile home site development applied for to the Community Development Department of Atascadero on or after the effective date of the ordinance codified in this chapter. (c) "Construct" or "construction," as used in this chapter, means the putting together, assembling, erection or altering of construction materials, components, or modules into a structure, or portion of a structure, and includes restructuring, enlarging or altering any structure. "Construct" also includes the moving from outside the City and locating of a building, or portion thereof, onto a lot or parcel of land, and also includes the improvement of land as a mobile home lot. (d) "Dwelling unit" means an independent, attached or detached residential building designed to house and provide living space including kitchen and bathroom facilities, for an individual family. (e) "Gross building area" means the total floor area of each floor of all buildings subject to this chapter, including internal circulation, storage and equipment space, as measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies. (f) "Mobile home" means a vehicle without self-propulsion designed and equipped as a dwelling unit to be used with a foundation. (g) "Mobile home lot," as used in this chapter, means any area or portion of a lot designated, designed, or used for the occupancy of one (1) mobile home on a permanent basis. (h) "Nonresidential" includes all uses of land other than residential including agricultural, communication, cultural, educational, recreation, manufacturing, processing, resource extraction, retail trade, services, transient lodging, transportation and wholesale trade uses. (i) "Person" includes any individual, firm, co-partnership, corporation, company, association,joint stock association, city, county, state or district: and includes any trustee, receiver, assignee, or other similar representatives thereof. 0) "Structure," as used in this chapter, means any artifact constructed or erected, the use of which requires attachment to the ground, including any building, but not including fences or walls six(6) feet or less in height. 033 (k) As used in this chapter, the terms "residential," "commercial," "office," "industrial," "hotel," "motel" and "quasi-public" have the same meanings as are defined in the General Plan and Zoning Ordinance of this City, as well as administrative interpretations thereof. Section 3-14.04 LIMITATIONS ON USE: Fees from residential and nonresidential development may be used for all types of capital improvements. Section 3-14.05 EXCEPTIONS: There is excepted from the fee imposed by this chapter the following: (a) The construction of a building or structure or mobile home which is a replacement for a building or mobile home being demolished or moved to outside the City from the same lot or parcel of land. The exception shall equal but not exceed the fee which would be payable hereunder if the building or mobile home being replaced was being newly constructed. If the fee imposed on the new building exceeds the amount of this exception, such excess shall be paid; (b) Accessory buildings or structures in planned developments, multifamily or mobile home parks, such as a clubhouse, swimming pool, or laundry facility; (c) Buildings or structures which are "clearly accessory to a principal use" such as fences, pools, patios, parking spaces, garages, residential accessory buildings (except guest houses, and second residential units) and agricultural accessory buildings as outlined in Title 9; (d) Any person when imposition of such tax upon that person would be in violation of the Constitution and the laws of the State of California, County of San Luis Obispo, or City of Atascadero; (e) A condominium project converting an existing multifamily building into condominiums where no new dwellings are added or created; (f) Any rebuilding of a structure destroyed or damaged by fire, explosion, act of God or other accident or catastrophe, which rebuilding does not increase the original gross building area. If such increase does occur, the increase shall be subject to the fee as imposed by this chapter; (g) Any restoration/reconstruction of a historical building recognized, acknowledged, and designated as such by the City Planning Commission or City Council; (h) The construction of any building by the City of Atascadero, or the United States or any Department or Agency thereof, or by the State of California or any Department, Agency or Political Subdivision thereof, or any residential development where the City Council finds there are specific over-riding fiscal, economic, social or environmental factors benefiting the City which, in the sole judgment of the City Council, would justify the approval of such development without the payment of said development impact fee. Section 3-14.6: STANDARDS FOR FEES: Any fees imposed pursuant to this Chapter shall bear a reasonable relationship to the costs associated with the capital improvements which need is generated by such 0 034 • development, and shall be supported by a public report in conformance with Government Code §66016(a). Section 3-14.7: ISSUANCE OF REGULATIONS AND SETTING OF FEES: The City Council shall from time to time by resolution, issue regulations and set fees for the administration of this Chapter. Any regulations adopted pursuant to this code shall require the payment of any impact fees due shall be paid upon final inspection of the property and before occupancy. Section 3-14.8: ALTERNATIVE PAYMENT: The amount of the payment of a Development Impact Fee and the timing thereof, can only be altered pursuant to an agreement approved by the City Council of Atascadero. Section 3-14.09: CONSTRUCTION PROHIBITED: It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, make, put together or convert any building or structure in the City, or attempt to do so, or cause the same to be done, without first payingthe fee imposed by this Chapter. Section 3-14.10: EFFECTIVE DATE: The fees imposed by this Chapter shall be applicable with respect to building permits for construction activities applied for on or after the effective date of this • ordinance, or on July 1, 2003, whichever date is the later, except that all such fees for non residential construction activities shall be applicable beginning March 1, 2004. SECTION TWO: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shallnot affect the validity of the remaining portion of this ordinance. The City Council of the City of Atascadero hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. 035 The foregoing Ordinance was approved and adopted at a meeting of the City Council • held on , 2003, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO ATTEST: Marcia McClure Torgerson, City Clerk Jerry L. Clay, Sr., Mayor • APPROVED AS TO FORM: Roy A. Hanley, City Attorney 036 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ESTABLISHING A SCHEDULE OF DEVELOPMENT IMPACT FEES WHEREAS, the City of Atascadero has conducted an extensive and exhaustive analysis of its services, the costs reasonablyborne of providing those services, the beneficiaries of those services, and the revenues`produced by those paying fees and charges for special services, and an extensive and exhaustive analysis of its current facilities, infrastructure, recreation, and the requirements that will have to be met to ensure that present ability and standards of service are not reduced by the costs of new residential and non residential development; and, WHEREAS, the City wishes to comply with both the letter and the spirit of Article XIIIB of the California Constitution and limit the growth of taxes; and, WHEREAS,the City desires to establish a policy of having new development pay the impacts to the City and its residents created by that new development; and, • WHEREAS,AS,heretofore the City Council will be adopting an Ordinance establishing its policy as to the recovery of costs of such impacts and directing staff as to the methodology for implementing said Ordinance; and, WHEREAS,pursuant to Government Code Section 54994.1,the specific fees to be charged for development impacts may be adopted by the City Council by Resolution, after providing notice and holding a public hearing; and, WHEREAS, notice of public hearing has been provided per California Government Code, oral and written presentations made and received, and the required public hearing held; and, WHEREAS, a schedule of fees and charges to be paid by those requesting such special services need be adopted so that the City might carry into effect its policies; and, WHEREAS, it is the intention of the City Council to develop a revised schedule of fees and charges based on the City's budgeted and projected costs reasonably borne for the Fiscal Year beginning July 1, 2001; and, WHEREAS, pursuant to California Government Code Section 6062(a) a general explanation of the hereinafter contained schedule of fees and charges has been published as required; and, 037 WHEREAS, all requirements of California Government Code are hereby found to have been complied with; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Fee Schedule Adoption. The following schedule of development impact fees and charges are hereby directed to be computed by and applied by the various City departments, and to be collected by the City Planning and Community Development Department. Section 2. Defining and Timing of Fee Schedule. Definitions regarding and the timing of the implementation of the hereinafter enumerated fee schedules shall be as stipulated in the Atascadero Municipal Code Chapter 3-14. Section 3. Listing of Fees. The following fees shall be charged and collected for the following impacts of development: See Exhibit A Section 4. Interpretations. This Resolution maybe interpreted by the City department heads in consultation with the City Manager. A. It is the intention of the City Council to review the fees and charges as determined • and set out herein based on the City's next Annual Budget and all the City's costs reasonably borne as established at that time and, as and if warranted, to revise such fees and charges based thereon. Section 5. Constitutionality. If any portion of this Resolution is declared invalid or unconstitutional then it is the intention of the City Council to have passed the entire Resolution and all its component parts, and all other sections of this Resolution shall remain in full force and effect. Section 6. Repealer. All resolutions and other actions of the City Council in conflict with the contents of this Resolution are hereby repealed. Section 7. Effective Date. This Resolution shall go into full force and effect immediately, but shall be subject to the terms and conditions of Atascadero Municipal Code Chapter 3-14, and State Law. Q38 • PASSED, APPROVED, AND ADOPTED this 13th day of May 2003. Jerry L. Clay, Sr., Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney • • 039 O t0 O O N M M CD m o^ O fD O M o(O n M N o O O N N o CP N u7 N CD t0 tO tO M N Vf O O D) O O t0 O V n LL LL LL O o 0 to v M CO o N N v CO I M N 7 7 7 7 3 7 7 7 to 0 to N M M O) n (O tD n O n n ro O W n O � n aD N Ff1 N of M 0 O O � V O N N N N N N 4) N N N l`7 to N N n Iv,- n N W N per" a a a a a a a a a a a � �64 �'A 64 �' W. 64 d n n o to co CD o m o n n o m Cl) M o v O t0 n ylE�:f� O O) n to M to I'- Q3, N ��s fA 6% f9 fri » to fA f9 fA f9 - O O o oo o o o o o o o O 0) O o O t9 6% f9 f9 f9 ff?(A fA fA E9 fA fA ff1 c Q Q Q Q Q Q Q Q Q Q Q M M Z Z Z Z 2 Z Z Z Z Z Z t9 t9 CD c0 CO CO O Cl) O V O to O CD O eo O (O O O N M N O) W O O n O^ M M M Cl) V OI V M V' M n o O1 N N 7 O O) O W CD Co fig 69 tO n N N h to V M M fR O O O n f0 O n M CO n n tD n O N N O E9 EA f9 w f9 fA 69 O o O w Oi LL7 O Di M N P CD n a N f9 69 f9 N tfI tO �t O Co 69 t0 69 CO CD:- to t0 f9 N M f9 E9 O O: r o 3„ W f9 FA Vi H 69- f9 t0 co o N O O M O (D OtO O tD M 0 0 0 0 rn a) m rn co n to vo v n m f9 69 69 fF1 r� n ffi 69 0 ¢; N N N N Co (0 cD V O N tD t0 T t0 N C-4N N C7 N O a0 N aD tO 7 V-: O O c-; NfH No 6q Go fA E9 69 N tU 0 C) tt- N 04 V W 11 '31 o N LL LL LL LLr '1FF Z Z Z Z 60 LL +"f M M M M CO n O -to O O Cl) V' 7 0 0 0 O O M M;O O to N (� o O O O to W o o CO O N O M 69 69 of 69 N Nus O O M CO CD CO CD Wto U) -? 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N N N N N to CO N N N to O-N O N O O W o O N to CO CO W O O ^ 0 r M M Cl) M M n O M O o M .:0 n O n to O t0 O M v v N/ to.w O O lo M to (0 M M N n to O �O c v tD t0 O tO •f V n O O F- 16 N N N to to M N N It tD N m N t0 O O co ro n co W O O O m fA Vi sA V7 Vi fA 69 G13. 64 69 69 n O) f0 O n ? N M tD t0 tO O t0 V o 'T to M �_M f9 ccN M M'.N n V U n , N th � o n n N n fA 69 f9 9 FA 6% 69 N 69 M D) Q% f f9 E9' f9 a) - CD o O m m O M tD o Ot0 O O N cD O o to N n t0 n -n n M M M t0 n h N O n to w M to to N t0 tD WN to <Iti to N N to V 'TM v '- N O ,n co o V O V o O M to t0 tD tD N v tO - ' f9 f9 fA E9 f9 H 69 f9 O O O .4 t V O to M Mild O n to to T n N f9 69 ff) w6 N N O R fR N" M y 69 O O O w M O Y r r 69 W. H 69 t9 N N 64 N 0 _ f9 f9 69 W, to t0 to to n n n M M O O N O O tD w a n O N w 01 c.v O O O W CD CD Co N N N N M M N O O M t0 W 0) to O o W O tA: f9 W 6 g N N N NN N N NW O M t0 N n �- to -I N N O O O N n N n N N O M t0 cD co n N f9 69 69 M N 'V n to N w O N N I t.. to N M f9 f9 f9 N EA M f9 co M..f9 O - f9 6A 69 fa f9 N W. 64 N 69 _ N Go t4 C O N C C o C C •C C m ~ J J tUlO 7 N :O tll 3 m C V C C C U V U .O w N N Q N C Q Q Q m N N to N N N U) tlY O A N to E m N N d E W > N C N E i6 C to r C E N 'C E C R Q Q Q pN •y E O ,J O Q O O O Q •y EE O .0 O LL ? O O v1 to o n E m =o U to to o to E ms = U 'a N r o N O C Y of v a E 'c � A A AvOa E 3 HL a LL LL LL LL N O O of O � t0 LL LL LL LL tU O 0 0 N 'X N U N U to 2 F- U O t.0 to to cn M: L) U W O U 040 ITEM NUMBER: A-3 DATE: 05/13/2003 1979 Atascadero City Council Staff Report - City Manager's Office Purchase of Property at Entrance to Stadium Park RECOMMENDATION: Council reaffirm City's commitment to appropriate $50,000 from the Tree Fund to be used to purchase the property currently owned by Mrs. Nellie Kennedy at the entrance to Stadium Park with ownership of the property maintained by the Atascadero Land Preservation Society. • DISCUSSION: The City Council agreed to enter an agreement with the Atascadero Land Preservation Society (ALPS) to acquire the Kennedy property, which encompasses the entire entry corridor to Stadium Park. ALPS' proposal was to purchase the property for $150,000. The City would contribute $50,000 of Tree Mitigation Fund money to this purchase. ALPS indicated that it was their intention after purchase to deed the land to the City of Atascadero. Since the Council decision, ALPS has reconsidered their position and has decided to retain ownership of the property. The President of ALPS contacted City staff to advise of the change and inquire if this would impact the Council's decision in any way. Staff agreed to bring the issue back to Council for clarification. At this time ALPS requests the City to contribute $50,000 of Tree Mitigation Fund money to the purchase of the property at the entrance of Stadium Park and ALPS would retain ownership. FISCAL IMPACT: $50,000 from the Tree Mitigation Fund. 041 ITEM NUMBER: A-4 DATE: 05/13/2003 • 1918:5��#!��'����,��1978�-� Atascadero City Council Staff Report - Public Works Department Purchase of Truck - Wastewater Division RECOMMENDATION: Council authorize the Wastewater Division to purchase a flatbed truck. DISCUSSION: The purchase of a flatbed truck was approved by Council as a part of the • Wastewater Division's 2001-2003 capital improvement budget. In accordance with the adopted Citywide purchasing procedures, this vehicle will be purchased from Hoblit Motors using the State of California Contract 1-03-23-20 Rev. A bid price. This Ford F550, Cab-and-Chassis 17,500 GVWR vehicle will be utilized to tow the City's newly purchased vacuum loading machine, portable generators, and to haul heavy pumps, equipment and materials. FISCAL IMPACT: $26,860.44. The purchase of this equipment was approved by Council as part of the 2001- 2003 budget (Account#8103011). • 042 ITEM NUMBER: A-5 DATE: 05/13/2003 n 1918 ' 1979 Atascadero City Council Staff Report - Police Department Animal Control Services Agreement RECOMMENDATION: Council authorize then City Manager to execute an Agreement for Animal Control Services with the County of San Luis Obispo for the period July 1, 2003 through June 30, 2006. DISCUSSION: • The City of Atascadero currently contracts with the Department of Animal Services, San Luis Obispo County Sheriffs Department to provide animal services within the city limits. Services include licensing of dogs, the establishment of a public pound, collection and care of stray, diseased and vicious animals, and enforcement of animal control ordinances. The present agreement expires on June 30, 2003. The proposed contract will extend the agreement through June 30, 2006. Annual rates in the current agreement have increased at the rate of 5% per year. The proposed rates will increase at the rate of 20% per year. In the past, the County has subsidized approximately 60% of the cost of maintaining an animal services operation but can no longer afford to subsidize it to that extent. Licensing and adoption fees were raised last year by 100% from the rate it held for nine years in an effort to reduce the fiscal impact on the County. All cities in the county are affected by the increased costs of animal services. Further licensing and adoption fee increases in the near future are not likely due to the potential decrease in licensing compliance and adoption if the costs to the public are increased. In 2002, the Dept. of Animal Services reported 5,352 calls for service within the City of Atascadero. Calls included response to animal bites, citations, and complaints, licenses sold, licensing letters, nuisance abatement, patrols, rabies tests, quarantines • and other various calls. 631 animals were collected. Licensing fees received by the County from Atascadero residents amounted to $19,929. 043 ITEM NUMBER: A-5 DATE: 05/13/2003 • FISCAL IMPACT: Funds for the agreement are allocated to the Police Department budget from the general fund. July 1, 2003 to June 30, 2004 $ 80,041.50 July 1, 2004 to June 30, 2005 $ 96,049.80 July 1, 2005 to June 30, 2006 $115,259.76 ALTERNATIVES: 1. Renew the Animal Services contract as recommended. 2. Discontinue contracting with the County and perform animal services with City resources. Not recommended due to the expense of personnel and infrastructure. ATTACHMENT: Agreement for Animal Services • 044 • SAN LUIS OBISPO COUNTY SHERIFF'S DEPARTMENT ANIMAL SERVICES DIVISION AGREEMENT FOR ANIMAL SERVICES This Agreement is made and entered into on July 1,2003,by and between the County of San Luis Obispo, hereinafter referred to as "County," and the City of Atascadero, hereinafter referred to as City, and shall be and remain in effect through and including June 30, 2006,unless sooner terminated as herein provided. WITNESSETH: THAT WHEREAS, The City is desirous of contracting with the County for performance of the hereinafter described animal services within its boundaries by the County of San Luis Obispo • through the Division of Animal Services; and WHEREAS,the County is agreeable to providing such services in accordance with the provisions of the San Luis Obispo County Code Title 9, which provides for the licensing of dogs, the establishment of a public pound, and for the collection and care of stray, diseased and vicious animals: and WHEREAS, the County of San Luis Obispo has established Animal Services to enforce the ordinances of the County Code Title 9 within the unincorporated areas of the County; and WHEREAS,the City is desirous of contracting with the County for Animal Services within the City limits. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: • Page 1 of 12 045 DEFINITIONS - Used throughout as follows: Aggressive means a domestic animal attacking a human (not dog to dog or dog to livestock) and the human is in immediate danger of being injured. Household/Domestic Pets/Animals means but is not limited to cats,dogs,canaries, fish, hamsters, rabbits, turtles, reptiles and other kindred.animals usually and ordinarily kept as household pets. Injured Domestic Animal means life-threatening (not an abscess or other non emergent condition) to the animal requiring intervention by a veterinarian. Small Wildlife means racoons, possums, foxes and other similar sized wildlife. Business Hours means hours of operation provided by Animal Services: Monday, Tuesday, Thursday, Friday from 8:00 a.m. to 5:00 p.m.,Wednesday from 8:00 a.m. to 7:00 p.m., and Saturday from 10:00 a.m. to 4:00 p.m. COUNTY RESPONSIBILITIES: Maintain an Animal Services Division -to provide management and supervision of programs, to maintain records and statistics, and enforce laws and ordinances . Animal Shelter-maintain,or cause to maintain an animal shelter to provide for the care, housing, and disposal of animals impounded within the City or County or delivered by City or County residents. Operation Permit Services-to provide permit services to all citizens of the County regardless of jurisdiction. Page 2 of 12 • 046 • Licensing - to provide licensing to all citizens of the County regardless of jurisdiction. Humane Education - to provide humane education regarding responsible pet ownership, advantages of spay/neuter, rabies control information, regardless of jurisdiction. Performance Standards-County will provide measurable standards to contracting City related to licensing,services from the field,outcomes,and category of contacts. DESCRIPTION OF SERVICES: 1. SHELTER PROVISIONS/ANIMAL DISPOSAL The availability of a shelter to provide care for stray animals transported by citizens to the animal shelter from within the City incorporated boundaries. This shall include the administration necessary for surrender of animals at the shelter,the care of animals during the five (5) day holding period, and final disposal of animals through redemption, adoption, or destruction. a) The receipt of household pets delivered to the shelter or at drop-off kennels. b) Sheltering of household pets received at the shelter in accordance with state regulations, local ordinances, and policies governing humane treatment of such animals. • Page 3 of 12 047 • C) Services for returning impounded animals to their owners,adoption of or humane destruction of animals received or brought to the shelter. 2. ANIMAL BITE INVESTIGATIONS/QUARANTINES The taking of animal bite reports and subsequent investigations and quarantine of bite animals. Investigation of all animal bites involving humans and the quarantine of biting animals pursuant to state regulations and local ordinances. The keeping of such records and reporting of information to the State Department of Health Services. 3. RABIES CONTROL/SUSPECT RABID ANIMAL HANDLING/TESTING The response to and attempted capture of suspect rabid wildlife and domestic animals. The destruction of such animals, proper laboratory preparation for rabies testing, transport of tissue to the County Public Health Department for testing, and proper disposal of remains when found to be positive. Investigations of exposures to rabid animals or suspect rabid animals at large and the quarantine or destruction of animals which were in contact with rabid animals. 4. EMERGENCY SERVICES The response to and attempted capture of injured domestic animals,transport of and medical aid to animals when needed for stabilization and subsequent sheltering of animals. Response to potentially rabid small wildlife and domestic pets when someone is on the scene. Response to aggressive animals or animals that have bitten and the owner is not available. Hold animals relative to an arrest or accident. Emergency services shall be provided 24 hours a day, seven days a week. Page 4 of 12 • -- 048 • Emergency and after hour services for any of the following: a) Severely injured/sick dogs or cats when legal owner unknown or unavailable. b) Hold animals relative to an arrest or accident. C) Aggressive/vicious domestic animals when legal owner unknown or unavailable and reporting party is standing by. d) Bite dogs/cats when legal owners are unknown or unavailable and reporting party is standing by. • e) Potentially rabid animals including small wildlife when reporting party remains on the scene. 5. PICK UP OF UNLIMITED STRAY, DOMESTIC ANIMALS FROM ONE DESIGNATED LOCATION The pick up of UNLIMITED numbers of stray, domestic animals from one designated location within the contracting City. The City will be responsible for providing food, water, and the cleaning of designated kennels. 6. FIELD PICK UP OF UNLIMITED DOMESTIC ANIMALS The response to and pick up of UNLIMITED numbers of stray, confined, domestic animals. The transport and care of impounded animals at the shelter as described above. Pick up shall include dogs, cats, other domestic animals during business • Page 5 of 12 049 hours of operation, including domestic animals dead on arrival. FIELD SERVICES- defined as follows: Response of an Animal Control Officer during regular business hours to pick up any of the following within city limits on an UNLIMITED basis: 1) Confined stray domestic animal pick-up 2) Dead stray domestic animal pick-up 3) Owned animal pick-up (fee paid by citizen) 4) Owned dead animal pick up (fee paid by citizen) 5) Euthanasia of owned animals (fee paid by citizen) 6) Transportation to veterinarian of owned animal (fee paid by citizen) 7) Respond to the humane care of inj ured/sick stray domestic animals by Good Samaritans. Medical treatment and emergency veterinary care for stray domestic animals presented to veterinarians by Animal Services employees and Good Samaritans. 7. CITIZEN COMPLAINTS The processing of citizen complaints, response to complaints, maintaining cumulative records, and action taken on complaints including, but not limited to: barking dogs, leash law violations, animal abandonment, and animal cruelty. Page 6 of 12 • 0.50 8. NUISANCE ABATEMENTIHEARING & COURT PROCEEDINGS The recording, filing, investigation, office hearings,issuance of orders to abate, and processing to court of nuisance abatements through City Attorneys' offices. All activities involved in the processing of nuisance abatement petitions,investigations, orders, hearings, including preparation for court proceedings when necessary. 9. FIELD ENFORCEMENT Processing and performing patrols within a specified area when requested by a citizen and issuance of citations for violations. The addition of further field enforcement other than field pick-up as described above,but not limited to: random patrol,patrol requests, ordinance violation citations, and agency assists. 10. COURT FILINGS & PROCEEDINGS Filing aggressive, cruelty, or abandonment cases to court with approval of City Attorneys' office. Collection of incident reports, photographs, etc. Court appearances and follow up related to these cases. ANIMAL SERVICES CONTRACT ENFORCEMENT COMMITTEE - There shall be an Animal Services Contract Enforcement Committee whose responsibility it will be to review and recommend on all matters of Division policy regarding overall program administration, level and quality of service, budget, and ordinance development and amendments. This Committee shall be made up of: one representative from each City contracting with the County,one representative from the County's Veterinarians'Association,one representative of the Highway Patrol,one representative from Animal Services, and one representative from the County Sheriffs Department. The • Page 7 of 12 051 Committee shall receive staff support from Animal Services. COOPERATION-To facilitate the performance of the foregoing functions,it is hereby agreed that the County shall have the full cooperation and assistance from the City, its officers, agents, and employees. EMPLOYEE COMPENSATION AND LIABILITY-City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder,or any liability other than that provided in the Agreement. The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his/her employment. INDEMNIFICATION-Nothing in the provisions of the Agreement is intended to create duties or obligations to,or rights in third parties not party to this contract, or affect the legal liability of either party to contract,by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law. It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement. It is also understood and agreed that pursuant to Government Code 895.4,County shall defend, indemnify and save harmless the City, all officers and employees from all claims, suits or actions of every name,kind and description brought forth or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Agreement except as otherwise provided by Statute. It is understood and agreed that neither County nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City Page 8 of 12 • 052 • under or in connection with any work, authority or jurisdiction delegated to the City under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, City shall defend, indemnify and save harmless the County, all officers and employees from all claims, suits or actions of every name, kind and description brought forth on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by City under connection with any work,authority or j urisdiction delegated to the City under this Agreement except as otherwise provided by Statute. EMPLOYEE STATUS - All persons employed in the performance of the services and functions specified in"Indemnification" paragraph 2 of this Agreement shall be County employees;no present City employee shall become a County employee by reason of this Agreement; and no person employed hereunder shall have any City pension, Civil Service, or any similar status or right. For this Agreement, and for the sole purpose of giving legal status to the performance of the duties and responsibilities herein, every County officer and the employee engaged in their performance of any service hereunder shall,where necessary,be deemed an officer or employee of City while performing • the services for City: PROSECUTION - It shall be the duty of the City Attorney, exercising the discretion vested in his office,to prosecute violations of the City Animal Ordinance,and take appropriate legal action with respect to the abatement of any public nuisance involving animals occurring within City's corporate limits. TERM AND RENEWAL-This Agreement shall be effective on the 1 st day of July 2003,and shall be subject to termination by either party upon thirty days advance written notice to the other party. Assuming neither party exercises its right to terminate this Agreement, the Agreement shall terminate on June 30, 2006. CITY NOTIFICATION - no later than May 1st of each year, each City shall be notified of proposed changes to current service level charges. The City shall notify the County no later than July 1 st of their agreement to pay for services. Attachment A reflects the annual costs. • CITY RESPONSIBILITY- City agrees to pay to County for County Services under this contract Page 9 of 12 053 the dollar amount as set forth in Attachment A which is attached to the contract and incorporated by • reference. COUNTY BILLING - County shall bill City quarterly for their contracted services. Billing shall be submitted at the end of each quarter. City shall remit payment within thirty days of receipt of billing. County and City acknowledge that in performing its contractual obligation,County costs exceed the amount it receives pursuant to this contract., Therefore, County and City agree that should the County be eligible for any future State reimbursement pursuant to SB90/Hayden Legislation, the full amount of any reimbursement shall be forwarded and retained by the County. MODIFICATION -This contract constitutes the entire understanding of the parties hereto and no changes, amendments or alterations shall be effective unless in writing and signed by both parties. ORDINANCE CONFORMITY - City agrees to adopt animal control ordinances which conform to and are not in substantial conflict with Chapter 9 of the San Luis Obispo County Code. Changes and modifications to City codes may be conducted with the County Division of Animal Service's consultation before adoption. County Division of Animal Services may also make recommendations to City for changes or modifications to their City ordinance. BOOKS AND RECORDS - County agrees to keep such books and records and in such form and manner as County Auditor-Controller shall specify. Said books shall be open for examination by City at all reasonable times. NOTICES-Any notice required to be given pursuant to the terms and provisions of this agreement shall be sent by certified or registered mail to the County at: San Luis Obispo Sheriffs Department Animal Services Division P.O. Box 3760 San Luis Obispo, CA 93403-3760 • Page 10 of 12 0.54 • and to the City at: City of Ataseadero 5505 El Camino Real Ataseadero, CA 93422 IN WITNESS THEREOF, City of Atascadero resolution duly adopted by its City Council causes this Agreement to be signed by its Mayor and attested by its clerk, and County of San Luis Obispo by order of the Board of Supervisors causes these presents to be subscribed by Chairman of said Board and seal of said Board to be affixed hereto attested by clerk of said: CITY OF ATASCADERO ATTEST: By: By: Mayor City Clerk • COUNTY OF SAN LUIS OBISPO ATTEST: By: By: Chairman, Board of Supervisors Board of Supervisors APPROVED AS TO FORM AND LEGAL.EFFECT:. JAMES B. LINDHOLM, JR. By: N-4-fteputy my Counsel • Dated: v Page 11 of 12 ITEM NUMBER: B -1 DATE: 05/13/2003 • 1928 . �, l97 ...� � sran'�Roi Atascadero City Council Staff Report - Public Works Department National Pollution Discharge Elimination System, Phase II RECOMMENDATION: City Council: 1. Receive and comment on the draft City of Atascadero Storm Water Management Plan (SWMP). 2. Request public input on the draft City of Atascadero SWMP. 3. Direct staff on funding options to implement the measurable goals of the SWMP. • DISCUSSION: On February 26, 2002, Council received a report on Phase II of the National Pollution Discharge Elimination System (NPDES) and directed staff to begin development of a storm water ordinance and measures to fulfill the requirements of the Environmental Protection Agency's Storm Water Phase II Rule. The Storm Water Phase II Rule requires the City to obtain an NPDES permit from the Regional Water Quality Control Board (RWQCB). Under the permit, the City is required to develop and implement a storm water management program that: • Reduces the discharge of pollutants to the "maximum extent practicable," • Protects water quality, and • Satisfies the appropriate water quality requirements of the Clean Water Act. The Phase 11 Rule defines a storm water management program as a program composed of six elements that, when implemented together, are expected to reduce pollutants discharged into receiving water bodies to the maximum extent practicable. These six program elements, or minimum control measures, are: • 056 ITEM NUMBER: B -1 DATE: 05/13/2003 I. Public Education and Outreach on Storm Water Impacts • This element requires the City to implement a public education program that will distribute educational material and conduct outreach activities. This will include participation in a mass media campaign, setting up a storm water phone hotline and web site, and presentation and outreach to businesses, schools, homeowners and municipal workers. II. Public Involvement/Participation This element requires the City to involve the public in the developing, implementing and reviewing of the Storm Water Management Plan (SWMP). III. Illicit Discharge Detection and Elimination This element requires the City to develop, implement and enforce a program to detect and eliminate illicit discharge into the storm drain system. This will include storm drain mapping and identifying, reporting, tracking and elimination of illicit discharges. IV. Construction Site Runoff Control This element requires the City to develop, implement and enforce a program to ensure controls are in place that will prevent or minimize water quality impacts from storm • water runoff from construction sites. This will include revising ordinances, writing and distributing guidelines, plan checking and inspection of construction projects. V. Post-Construction Storm Water Management in New Development and Redevelopment This element requires the City to inspect and track new development and City projects after construction is complete for runoff control. If measures are not in place to prevent offsite pollution, the owner of the site must be required to do so. VI. Pollution Prevention/Good Housekeeping for Municipal Operations This element requires the City to develop and implement an operations and maintenance plan that will prevent and reduce pollutants in runoff from municipal operations. All City-owned facilities are covered under this element. They include roads, parks, City Hall, Corporation Yard, Police Station, Fire Stations, and all other City-owned properties. Staff will be required to reduce or eliminate pollutants in storm water from runoff. This will include street sweeping. For each minimum control measure, the City must select and implement best management practices and measurable goals that comprehensively address the specific storm water problems in this area. 057 ITEM NUMBER: B -1 DATE: 0511312003 • Staff has begun to develop a Storm Water Management Plan (SWMP) in conjunction with URS Inc. The SWMP outlines Best Management Practices (BMP's) that will fulfill the requirements of the six minimum control measures. The best management practices outlined in the SWMP will be implemented over five years. The City of Atascadero has joined with the SLO County Storm Water Team. This team is made up of representatives from every city in San Luis Obispo County, the County of San Luis Obispo, Caltrans, and RWQCB. All of these jurisdictions have to implement similar "measurable goals" based on the six minimum control measures. The goal of this group is to pool knowledge, ideas and efforts to make implementation of the "measurable goals" more cost effective. Other agencies and organizations have interest in and common goals with the City of Atascadero in the SWMP. Staff worked with representatives of the Atascadero Mutual Water Company, the Upper Salinas-Las Tables Resource Conservation District on the SWMP. Staff is also a member of the Upper Salinas Watershed Task Force. Draft copies of the Storm Water Management Plan (SWMP) and a Notice of Intent (NOI) have been submitted to the State Water Resources Control Board (SWRCB) to meet the March 10, 2003 federal deadline. A draft copy of the SWMP can be reviewed at the City of Atascadero Central Reception area and the County Library in Atascadero. • The document can also be purchased at City of Atascadero Central Reception. Upon adoption of the SWMP, a final revision will be submitted to the SWRCB. FISCAL IMPACT: Phase II of the National Pollution Discharge Elimination System is a non-funded Federal mandate. The federal government passed the responsibility to the Regional Water Quality Control Board (RWQCB) to administer the program to local agencies, like Atascadero. The RWQCB charges an annual fee to Atascadero of $5,000.00 to administer the program. Each of the measurable goals of the SWMP has a cost. The total cost is significant. The cost is in staff and consultant time, reproduction costs, mailing costs, street sweeping and drainage and facility improvement costs. The Public Works Department is working with all the City departments in the setup and organization of the program. Our goal is to set up a program that will fulfill the requirements of the SWMP in a cost- effective and efficient manner. Staff from Public Works, Community Development, City Attorney, Community Services, Administrative Services and Fire will be given duties and responsibilities in the implementation of the program. A chart of information on the measurable goals is attached (See Attachment "A"). This chart details responsible City departments and positions, projected costs to annually 058 ITEM NUMBER: B - 1 DATE: 05/13/2003 implement, and potential funding sources for the measurable goals. Listed below are • potential funding sources for all or portions of the program, besides the General Fund. Funding Options: • Citywide Storm Water Fee This fee would be charged to each parcel based on the degree it contributed to the runoff to the city's drainage facilities. Undeveloped parcels would have no fee. The more impervious surface a site has, the more the fee. Per recent court rulings, the fee must be approved first by 51% of the property owners and than by 2/3 of the voters. Potential Revenue: This fee would fund the entire program. Cost of Fee: The fee amount would be based on the property's impact to the City's drainage facilities. Ability to collect the Fee: The collection would be through property tax bills. The potential of obtaining approval of 51% of the property owners and than 67% of the voters is unlikely. • Atascadero Mutual Water Company Atascadero Mutual Water Company (AMWC) is already providing education and outreach on water quality. They produce informational brochures, organize a storm • drain marking program and creek clean up day, provide sustainable landscape seminars and participate in Snapshot Day. Staff has met with AMWC Staff on the SWMP. AMWC has agreed to continue the programs they provide and will work with the City to provide more education and outreach. Potential Revenue: There is no potential revenue. There would be a cost savings based on the work AMWC was willing to perform (See Attachment A). Ability to collect the Fee: Good. AMWC is already performing the services and the Staff has stated they plan to continue. • Construction and Post Construction Inspection and Administration. The City is required to develop, implement and enforce a program to ensure controls are in place that will prevent or minimize water quality impacts from storm water runoff from construction sites both during and after construction. This will include plan checking, inspecting and tracking of construction projects. This service could be charged to new development on the building permit. Potential Revenue: This would depend on the amount of new development and the fee structure developed. Estimated at between $5,000.00 and $10,000.00 annually. Ability to collect the Fee: This fee would be collected a building permit issuance. 059 ITEM NUMBER: B - 1 DATE: 05/13/2003 • • Inspection Fee The City will be looking for unlawful discharge to the municipal storm drain system. We will be looking at industrial, commercial and older residential uses that have a high potential to be a source of illicit discharge. The City can impose a fee to defray the inspection cost. Potential Revenue: Estimated at between $2,000.00 and $5,000.00 annually. The amounts should drop as inspections are completed. Ability to collect the Fee: A system would have to be developed for collection. • Drainage Impact Fee A City-wide Drainage System Atlas is listed as one of the projects in the Development Impact Fee Calculation and Nexus Report. This Atlas is also a requirement of the SWMP. The City can use Drainage Impact Fees to fund the production of this Atlas. Potential Revenue: $50,000 total Ability to collect the Fee: If Council approves the fee; the fee would be collected as new development occurred. • Cost Recovery on Illicit Discharge. The City will be required to handle the identification, administration and abatement of illicit/unlawful discharge in the storm drain system and response to hazardous material spills. The party responsible for the discharge or spill could be charged cost recovery fees to reimburse the City for the cost. Potential Revenue: Estimated at between $5,000.00 and $10,000.00 annually. The amounts should drop as the existing unlawful discharges are found and abated. Ability to collect the Fee: A system would have to be developed for collection. • Proposition 50 Funds Proposition 50 was approved by the California electorate on November 5, 2002. This Proposition authorized the sale of bonds to fund projects pertaining to drinking water, wastewater, fisheries, wetlands, water reuse, non-point source and flood control. The Northern and Coastal California Water Bond Initiative Coalition has formed to obtain funding from Proposition 50 for non-major metropolitan areas in California. A coalition from San Luis Obispo County has formed to join the Northern and Coastal California Water Bond Initiative Coalition. Representatives from each city in San Luis Obispo County, the County of San Luis Obispo, most large Community Services • Districts in the County and many non-profit water quality organizations are in the new Coalition. 060 ITEM NUMBER: B -1 DATE: 05/13/2003 The Coalition has put together a list of projects to submit to the State Legislature for • funding from the proposition. One of the projects the City has on the list is National Pollution Discharge Elimination System, Phase II for $300,000.00. Staff is working diligently to try to secure this funding. Potential Revenue: $300,000.00 Ability to collect the Fee: The State Legislature is working on the allocation of Proposition 50 funds. This is a very complex and political process that is hard to predict. Conclusion This program is a large non-funded mandate. This program will have an impact on staff workload. Other duties and projects will have to be postponed while the program is put into place. It is important that funding is allocated for the SWMP. The more sources of funding that are allocated for the program, the less impact there will be on the General Fund. The SWMP will be revised based on Council direction and public input. Staff will come back to Council with the revised SWMP for final approval and, based on direction, any further action on funding options. ATTACHMENTS: • Attachment A— Measurable Goal Information Chart Attachment B - City of Atascadero Storm Water Management Plan (SWMP) • 061 2 PE-1 Informational brochures and fact sheets 3 PE-2 Storm drain marking 4 PE-3 Sustainable landscaping seminars 5 PE-4a Mass media campaign 6 PE-4b Storm water Exhibit 7 PE-5 Storm water hotline 8 PE-6 Web page 9 PE-7a Food service presentation 10 PE-7b Automotive repair presentation 11 PE-7c Landscapers presentation 12 PE-7d Municipal workers presentation 13 PE-7e School presentation 14 PE-8 I Home owner outreach 15 Public Participation 16 PP-1 Volunteer creek clean-ups 17 PP-2 Snapshot Day 18 PP-3a Initial public meeting 19 PP-3b Public meeting updates 20 PP-4 Develop stock presentation 21 PP-5 Web page comment form 22 PP-6 I City employee training 23 Illicit Discharge Detection and Elimination 24 ID-1 Enforcement Authorities 25 ID-2 Hazardous materials/spill response&IWMA 26 ID-3 Storm drain mapping 27 ID-4a Inspect outfalls spection Fee 28 ID-4b Response to illicit discharge identification '-und 29 ID-5 Illicit discharge detection outreach 30 ID-6 Illicit discharge ordinance 31 ID-7 Enforcement procedures =und 32 Construction Site Storm Water Control 33 CS-1 Planning and zoning ordinance 34 CS-2 General Plan 35 CS-3 Construction guidelines 36 CS-4 Erosion control guidelines handout 37 CS-5 Revise grading ordinance 38 CS-6 BMP manuals 39 CS-7 Construction contractor outreach 40 CS-8 Site Plan Review and Site Inspections 41 Post Construction Storm Water Management 42 PC-1 Existing Project Inspection 43 PC-2a City construction projects 44 PC-2b Maintenance of existing water quality control r 45 PC-2c Enforcement actions 46 PC-3 Development requirements 47 PC-4 Permitting process 48 PC-5 Informational Brochures and Fact Sheets 49 Good Housekeeping and Pollution Prevention 50 GH-1 Facility maintenance 51 GH-2 Integrated waste management 52 GH-3 Facility surveys 53 GH-4 Facility BMP fact sheets 54 GH-5 Employee training 55 GH-6 I Street sweeping program • 20% low income or 50% senior). A density bonus helps the builder to not have to raise costs on the other units. The Association's suggestions for an inclusionary ordinance include: 1) involve everyone, 2) simplify the planning process, 3) maximize land use, 4) promote mixed use, 5) review restrictive regulations, 6) do more area-wide EIR's and traffic studies, 7) increase density, and 8) improve affordability by design (allow smaller units and more of them). Mr. Bunin answered questions of the Council and Commission. (Exhibit A) Anita Robinson, San Luis Obispo County Housing Trust Fund, stated that their goal is to put together dedicated revenue sources from all jurisdictions within the county to be used to facilitate the financing of affordable housing in the county. They want to work with cities that have inclusionary ordinances and have established trust funds or housing in-lieu fees. She spoke about affordable housing trust funds established nationwide, and stated that 28% of those look to inclusionary fees and linkage impact fees as a source of dedicated revenues for those trust funds to facilitate the development of affordable housing. She urged Council and Commission members to realize that the housing trust fund was only one tool and not the only answer to the issue of providing affordable housing; it should work together with multiple tools for it to be truly successful. It takes subsidies to facilitate affordable housing, i.e. levels of incentives that create a form of subsidy to a builder or owner. This starts the process, and with it in place together with inclusionary fees, impact fees, etc., and a tool such as the housing trust fund, the traditional mechanisms can come into play because there has been enough subsidy into a project to get the numbers to where they pencil for that developer. She spoke about leverage factors, supply and demand, workforce and entry level housing and answered questions of the Council • and Commission. David Taussig, Taussig and Associates, discussed in-lieu fee calculations with a PowerPoint presentation. He stated that in-lieu fees are very necessary, as developers cannot always build affordable housing in a project with $300,000 homes. The idea of paying an in-lieu fee and building the affordable housing off site, i.e. apartments, etc., is more cost effective. Mr. Taussig discussed the following in-lieu fee pro forma issues: 1) type of affordable housing (rental units are a better way to go), 2) land acquisition costs, 3)wage scale (prevailing wage, etc.), 4) density (25% bonus), 5) development standards, 6) reduced costs, 7) subsidies, and 8) affordable goals (income limits, etc.). Mr. Taussig answered questions of the Council and Commission. (Exhibit B) John Campanella, Bermant Development, spoke about the projects his company is working on, including the Dove Creek project, and how they have incorporated affordable units by working in partnership with a non-profit corporation. He contends that density bonuses on large projects make affordable housing work. His suggestions include: 1) look at what works between in-lieu fees and bonus density, 2) look at a voluntary program such as the one in place at the State level before creating an ordinance, and 3) partner with both profit and non profit developers, non profits have a Federal ID number and are a good source for government funds. Mr. Campanella answered questions of the Council and Commission. Mayor Clay recessed the hearing at 9:40 p.m. • Mayor Clay called the meeting back to order at 9:50 p.m CC/PC Special Meeting 05/07/03 Page 3 009 Sara Horne, League of Women Voters, gave a brief background on the League and its interest in • affordable housing. She discussed inclusionary housing and the use of"air rights." Ms. Horne spoke of the need for affordable housing in the county and invited all in attendance come to a Celebration of Community Housing on May 31�`. This celebration includes a trip around the county with the League to see affordable housing projects. Ms. Horne answered questions of the Council and Commission. Eric Russell, Accept + Mortgage, spoke about financing issues relating to affordable housing. He indicated that some uses are "un-lendable" by traditional lenders, i.e. mixed uses with multifamily residential in a retail district. Regarding the numbers of cities with inclusionary ordinances, Mr. Russell stated that many of those ordinances were done in the last two years when there was ample money available for first time homebuyers. However, at this point, much of this money is no longer available due to budget cuts. He indicated that it is impossible to predict how many affordable homes will qualify for loans, as there are lots of restrictions. Other issues involved in funding include the decrease in interest rates and timelines that are out of lenders control. Mr. Russell discussed loans for rental unit construction and answered questions of the Council and Commission. Public Comment Eric Greening, 7365 Valle Avenue, discussed how one of the biggest obstacles to housing affordability is the intrinsic cost of maintaining an auto-dependent infrastructure. He suggested that one of the ways to promote housing affordability would be to make these costs • consequences of auto ownership and driving, rather than of living under a roof. He suggested affirmative ways to overcome dependence on automobiles such as waiving parking requirements to create lower priced units for people who don't need to park. Mr. Greening felt every way available to over come auto addiction must be explored so that density can be increased in ways that will promote affordability but not result in traffic congestion, noise, pollution and blight. David Leipsiger, Los Osos, Member of the Board of Trustees of Habitat for Humanity for San Luis Obispo County, stated that Habitat is a genuine non-profit developer committed to providing very low-income housing all over the county. He indicated that people in the very low-income category want to own, not rent. In order to provide home ownership to these individuals Habitat is building smaller houses on smaller lots, and he stressed the importance of increasing density. Mr. Leipsiger discussed how Habitat for Humanity functions without government subsidies. What they needmore than anything is available land, which would require an increase in density factors. He felt low income houses should blend into the neighborhoods where they are constructed. Ray Belgams, Atascadero, encouraged the Council and Commission to utilize the Housing Trust fund and consider very low-income housing. . George Moylan clarified that he though he likes the city of San Luis Obispo's inclusionary housing ordinance, he does not particularly like the way it has been implemented. He indicated • CC/PC Special Meeting 05/07/03 O O Page 4 • that inclusionary money could be used for any fee or cost in development of affordable housing as approved by the City Council. Mike Zappas, Atascadero, asked the Council and Commission to consider if an inclusionary fee would stimulate production of affordable housing in Atascadero. If that is the goal, it is important to look at what the funds that have been collected in other towns are being used for and whether they are actually stimulating affordable housing. Anita Robinson suggested the Council and Commission not get hung up on how projects get financed. She would like to see creativity and likes the mixed-use concept and indicated that the banking industry would figure out how to finance them. Mayor Clay closed the Public Comment period Mayor Clay suggested that staff come back with a summary of issues raised this evening and schedule another joint meeting in two to three weeks on a Wednesday, but at 6:30 p.m., and have a public comment period as well as Council/Commission discussion. ADJOURNMENT: Mayor Clay adjourned the City Council meeting at 10:35 p.m. Chairperson Fonzi adjourned the • Planning Commission meeting at 10:35 p.m. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the City Clerk's office. Exhibit A- Jerry Bunin, Home Builders Industry Association, PowerPoint presentation Exhibit B —David Taussig, Taussig and Associates, PowerPoint presentation • CC/PC Special Meeting 05/07/03 Page 5 Oil ITEM NUMBER: A _ 2 DATE: • ■ ■i r o ■ I 1918 i 1979 a iii City Treasurer's Report January 2003 Joseph Modica, Jr. RECOMMENDATION: City Council approve the City Treasurer's report for January 2003 REPORT IN BRIEF: Cash and Investments Checking $ 819,381 Money Market Accounts 108 Certificates of Deposit 5,633,957 Government Securities 1,249,031 Corporate Paper - • LAIF 14,534,699 Cash with Fiscal Agents 143,609 Cash in Banks at January 31,2003 $ 22,380,785 Deposits in Transit - Outstanding Checks (413,571) Cash and Investments at January 31, 2003 $ 21,967,214 Investment Activity Securities Purchased: None Securities Matured: None Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None • Page 1 of 12 �' 012 CITY OFATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITY SUMMARY • FOR THE MONTH OF JANUARY 2003 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at January 1, 2003 $ 1,022,371 $ 21,028,317 $ 143,500 $ 22,194,188 Receipts 1,868,601 79,478 109 1,948,188 Disbursements (1,761,591) - - (1,761,591) Transfers In - 310,000 310,000 Transfers Out (310,000) - - (310,000) Balance per Banks at January 31, 2003 $ 819,381 $ 21,417,795 $ 143,609 22,380,785 Deposits in Transit • Outstanding Checks (413,571) Adjusted Treasurer's Balance $ 21,967,214 • Page 2 of 12 013 rn 00 0 0 o rn 0 0 0 0 0 0 Z CN o 0 0 0 0 o r o 0 0 0 �O O O O V •- O M O O O O O W 7 C} C►. � �^ � O, Q� � O� O1, Cil Vj � Q cB cC c�i cd cd 0000 Cd '� C A C C C C � C � C C A ❑ ti 4 A rn 00 00 o rn o 0 0 0 0 0 0 C\ o 0 0 0 0 0 0 0 0 0 0 0 �o 0 0 o v o 0 0 0 0 0 0 v Ln In �.; Ln kn kn C` r- I U W7 rn rn v rn rn ON o, C� rn 6s q o a U If) o e o 0 0 0 o e o oo 0 CNo n kn un 0 0 � O W) O N kn ul In V N hq ti o 0 o a o a o 0 0 0 0 kr) o o 0 0 O kn kn o 0 0 fr q W N Z 2 N M M ts 01) U ti 2 w °o n a o. n. $ n n cn °n °o aci Q Q Q Q Q Q Q Q Q Q Q o 0 0 0 0 0 0 0 0 0 0 cn U U U U U U U U U U U o N rn o 0 0 0 o rn o 0 0 0 0 0 .: kn I m In V1 V1 M vl a q ❑ ❑ O M O O O N N Cl N 00 M U .~-. r- [� 00 00 O O O O O O O O O K Gi � O ;, cc tD 4 U c 3 c y �• too 0.21 U a d o ri 3 z a as a w w H a. 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City of Atascadero Investments by Maturity January 2003 • One Month One to Five Years to One Year 24% Within One 7% Month 1% On Demand 68% Investment January 2003 On Demand $ 14,534,807 Within One Month 190,000 One Month to One Year 1,591,356 One to Five Years 5,101,632 $ 21,417,795 • Page 10 of 12 021 City of Atascadero Investments by Custodial Agent • January 2003 RBC Dain Rauscher Bank of 23% New York City of 1% Atascadero Penson 0% Financial Corp. 9% �1y of T • State of California 67% Custodial Agent January 2003 State of California $ 14,534,699 Penson Financial Corp. 1,898,399 RBC Dain Rauscher 4,937,288 Riverway Trust - Bank of New York 143,609 City of Atascadero 47,409 $ 21,561,404 • Page 11 of 12 022 City of Atascadero Investment Yield vs. 2-Year Treasury Yield For the Year Ended January 31,2003 • 4.00°i° 3.50% 3.00% 2.50% I - 2.00% i 1.50% i 3 1 1.00% I 0.50% 0.00% e�f�O�' DOS' �O� ti ti ti ti ti ti ti oG�o�ec ae��e` -,cJac1 o e City Yield ---+-2-Yr Treasury Yield 2-Yr Treasury City Yield Yield January 2002 3.52% 3.03% February 2002 3.50% 3.02% March 2002 3.45% 3.56% April 2002 3.33% 3.42% May 2002 3.23% 3.26% June 2002 3.18% 2.99% July 2002 3.13% 2.56% August 2002 3.08% 2.13% September 2002 3.13% 2.00% October 2002 3.09% 1.91% November 2002 2.99% 1.92% December 2002 2.89% 1.84% January 2003 2.81% 1.74% • Page 12 of 12 023 ITEM NUMBER: A 3 DATE: p5/27/7(1f1R oil an 19 9. City Treasurer's Report February 2003 Joseph Modica, Jr. RECOMMENDATION: City Council approve the City Treasurer's report for February 2003 REPORT IN BRIEF: Cash and Investments Checking $ 309,572 Money Market Accounts 95,124 Certificates of Deposit 5,541,030 Government Securities 1,349,344 Corporate Paper - LAIF 14,444,699 Cash with Fiscal Agents 190,901 Cash in Banks at February 28, 2003 $ 21,930,670 Deposits in Transit - Outstanding Checks -(-)15,26-)) Cash and Investments at February 28, 2003 $ 21,615,407 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 02/28/03 Centura National Bank CD $ 97,000 08/28/06 02/28/03 Federal Home Loan Bank Gov't Security 350,000 02/28/04 Securities Matured: Maturity Date Description Type Original Cost Amount Matured 02/03/03 Providian Bank CD $ 95,000 $ 95,000 02/18/03 Wauwatosa Savings Bank CD 95,000 95,000 Securities Sold/Called Prior to Maturity: Transaction/ Original Cost/ Gain/(Loss) Transaction Date Description/Type Maturity Call Price on Call Called Federal Home Loan Mort Co $ 249,688 $ 250,000 $ 312 • 02/06/03 Government Security 02/06/07 Other Reportable Activities: None Page 1 of 12 024 CITY OFATASCADERO TREASURER'S REPORT CASH&INVESTMENTS A CTIVITY SUMMAR Y • FOR THE MONTH OF FEBR UAR Y 2003 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at February 1, 2003 $ 819,381 $ 21,417,795 $ 143,609 $ 221.380.785 Receipts 1,114,612 90 109 1,1 14,81 1 Disbursements (1,564,926) - - (1,564,926) Transfers In 994,688 1,007,000 47,183 2,048,871 Transfers Out (1,054,183) (994,688) - (2,048,871) Balance per Banks at February 28, 2003 $ 309,572 $ 21,430,197 $ 190,901 21,930,670 Deposits in Transit - Outstanding Checks (315,263) Adjusted Treasurer's Balance $ 21,615,407 • Page 2of12 y 025 o v o v C, 0 0 0 0 0 C o 2 rn N 0 00 0 r- o 0 0 0 0 0 r- l- vl O, V O\ Ey V O� ON V O\ D\ C% ON O\ C, O\ O � � • U Z fr 00 o ^ ca c a c a 00 ❑ c Z c a a U v v ti c, q rn v o v o 0 0 0 0 0 Cl o p rn 0 00 0 0 0 0 0 0 0 0 0 v vi k In vi vi r n In o In a; U a a rn v rn rn rn rn rn O o rn q o e o o a o 0 0 o e e o 14 W 0 0� C O O O O v) O O O vl ❑ C O w� O O vl �✓? 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CL C. w h o 0 0 0 0 0 0 0 0 0 0 0 4 ) 0 U U U U U U U U U U U W N N N N N N N N N N N 00 a Q o 0 0 0 0 a cl ° U 03ELa ° A � ° O cz Vd x U ai ° cU U R � 4 n ' 00 O • v to .x .k K C L .'� v ,: c �y yyzi C _ y a N V) CD �n M O O � D\ O � - N M M O O A O O O O O O O O O i 2 0 o a rn rnCD CD o O� O, N U1 v1 N 0 2 � N 00 O O O Cn O\ N V a (= 6 U �\ 601) k N C7 Li C3� a a ti d 'r "on w O cn 71 O U CIO H u 3 � o v � 0 x o O � V w v ?? o � b W o ml C y si C ° w~ 'C ti � A °° 031 City of Atascadero Investments by Type • February 2003 Gov't Cash with Securities Fiscal 6% Agent Other Certificates of Deposit t% 0% 26% Ju:µ LAI F 67% Investment February 2003 LAIF $ 14,444,699 Certificates of Deposit 5,541,030 Government Securities 1,349,344 Corporate Paper - Cash with Fiscal Agent 190,901 Other 95,124 $ 21,621,098 • Page 9 of 12 032 City of Ataseadero Investments by Maturity February 2003 • One Month One to Five Years to One Year 25% Within 7% One Month 1% i On Demand 67% Investment February 2003 On Demand $ 14,539,823 Within One Month 142,484 One Month to One Year 1,591,430 One to Five Years 5,298,944 $ 21,572,681 • Page 10 of 12 033 City of Ataseadero Investments by Custodial Agent • February 2003 Bank of RBC Dain Rauscher New York 23% t% City of Atascadero Penson 0% Financial Corp. 9% ... as • State of California 67% Custodial Agent February 2003 State of California $ 14,444,699 Penson Financial Corp. 1,898,399 RBC Dain Rauscher 5,039,615 Riverway Trust - Bank of New York 190,901 City of Atascadero 47,484 $ 21,621,098 • 034 Page 11 of 12 City of Ataseadero Investment Yield vs. 2-Year Treasury Yield For the Year Ended February 28,2003 • 4.00% __._..._.._..._.._..._............ 3.50% 3.00% 2.50% 2.00% III 1.50% "�► i 1.00% { o 0.50% I 0.00% Off' O`�' Off' Off' O`l' Off' Off' Off' Off' Off' Off' 00 00 �O �O rL0 r10 ,ti0 rL0 ry0 �O r`O ,LO �O r�0 r10 oG�°oe� ,e?e� City Yield 2-Yr Treasury Yield 2-Yr Treasury City Yield Yield February 2002 3.50% 3.02% March 2002 3.45% 3.56% April 2002 3.33% 3.42% May 2002 3.23% 3.26% June 2002 3.18% 2.99% July 2002 3.13% 2.56% August 2002 3.08% 2.13% September 2002 3.13% 2.00% October 2002 3.09% 1.91% November 2002 2.99% 1.92% December 2002 2.89% 1.84% ` January 2003 2.81% 1.74% February 2003 2.64% 1.63% i I i 035 Page 12 of 12 i ITEM NUMBER: A-4 DATE: 05/27/2003 JOINT STUDY SESSION CITY OF ATASCADERO COUNCIL / PLANNING COMMISSION WEDNESDAY, APRIL 30, 2003 2:00 p.m. WOODLAND'S SPECIFIC PLAN DRAFT MINUTES Mayor Clay called the Study Session to order at 2:00 p.m. • ROLL CALL: Present: Mayor Clay Mayor Pro Tem Luna Council Member Scalise Council Member O'Malley Council Member Pacas Planning Commission Chairperson Fonzi Planning Commission Vice Chairperson Kelley Planning Commissioner Bentz Planning Commissioner Jones Planning Commissioner Porter Planning Commissioner O'Keefe Planning Commissioner Beraud Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Attorney Roy Hanley, Community Development Director Warren . Frace, Police Chief Dennis Hegwood,Public Works Director Steve Kahn, and Planning Services Manager Steve McHarris. 036 Mayor Clay welcomed everyone to the Study Session and asked staff to begin their presentation. • 1. Woodlands Specific Plan - ZCH/Specific Plan 2003-0041, TTM 2003-0027 -East side of Halcon Road between Viejo Camino and the Union Pacific Railroad tracks. Community Development Director Warren Frace gave an overview of how the Study Session would proceed and introduced the representatives from RRM Design who gave a PowerPoint presentation to those in attendance. PUBLIC COMMENT: The public comments requested the bike lanes be separated from the cars and that all trails be open to the public. At 2:45 p.m. the City Council, Planning Commission and staff were driven to the site for a detailed tour. The group was returned to City Hall at 5:30 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk • i 037 ITEM NUMBER: A-5 DATE: 05/27/2003 2 .v. • 1918 � 197679 Atascadero City Council Staff Report - Fire Department Weed Abatement — Contract Award RECOMMENDATION: Council authorize the City Manager to execute the contract with Roberto E. Le-Fort for weed abatement. DISCUSSION: A legal notice inviting sealed bids was printed in the Atascadero News on April 4 and • 11, and in the Tribune on April 4 & 11. A total of 21 Invitations to Bid were distributed, and two bids were received. This bid for weed abatement contract was opened on Thursday, May 1, 2003 at 2:00 p.m. See attached bid summary. Staff recommends awarding the bid to Roberto E. Le-Fort. FISCAL IMPACT: None. Funds are budgeted annually to cover the costs of the weed abatement program, and are recovered through assessments on property tax bills of those parcels abated. ALTERNATIVES: Council can reject the bid and re-bid the contract. This alternative is not recommended because it would not allow the appropriate time to enter assessments on the 2002-2003 tax roll is 038 ITEM NUMBER: A-5 DATE: 05/27/2003 ATTACHMENTS: . Legal Notice: Inviting Sealed Bids Contractor Bid Summary Agreement for Services of Contractor— Proposed Contract • • 039 CITY OF ATASCADERO FIRE DEPARTMENT 19 8 19 NOTICE INVITING SEALED BIDS FOR VEGETATIVE GROWTH AND/OR REFUSE ABATEMENT Notice is hereby given that sealed bids will be received by the City Clerk at the Administration Building, located at 6500 Palma, Atascadero, California, until 2:00 p.m. on Thursday, May 1, 2003. At that time, received bids will be opened and read for the public project hereinafter described. This contract is to begin June 1, 2003 and ends May 31, 2004. The project will consist of cutting noxious or flammable vegetation and / or removal of material (i.e. tree branches, rubbish, refuse, and other waste materials) identified upon parcels within in the city that are in violation of the city's vegetative growth, refuse, or code compliance programs. All bids are to be submitted on forms, provided by the City of Atascadero, Fire Department, 6005 Lewis Avenue, Atascadero, CA 94322. Kurt W. Stone Fire Chief 040 Cityof A Office of the City Clerk BID SUMMARY TO: Fire Department FROM: Marcia McClure Torgerson, City Clerk BID NO.: 2003-005 OPENED: 2:00 p.m.—5/1/03 PROJECT: Weed /Refuse Abatement Contractor (2) Bids were received and opened today, as follows: Bidder Bid Tractor Moving Hand Work (4-person weed eater crew) Roberto E. Le-Fort $25.00 tractor per'/2 hr. $50.00 entire crew per 1/2 hr. 9122 Huer Huero Rd. Creston, CA 93432 Jack R. Bridwell $40.00 tractor per'/2 hr. $70.00 entire crew per '/2 hr. 11600 Viejo Camino Atascadero, CA 93422 Attachment: 2 bids • 041 i WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES OF CONTRACTOR This agreement is made upon the date of execution, as set forth below, by and between Roberto E. Le-Fort, a weed abatement contractor, hereinafter referred to as "Contractor", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City". The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until May 31, 2004, or is terminated as provided.herein. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Contractor shall determine the method, details and means of performing the above-referenced services. Contractor may, at Contractor's own expense, employ such assistants, as Contractor deems necessary to perform the services required of Contractor by this agreement. City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. 1.03 COMPENSATION: In consideration for the services to be performed by Contractor, City agrees to pay Contractor the consideration set forth in the amounts and under the terms provided in "Exhibit B", hereby incorporated herein. 042 2.00 OBLIGATIONS OF CONTRACTOR • 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business. 2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement except those listed in "Tools and instrumentalities provided by City" attached hereto as "Exhibit C" and hereby incorporated herein. 2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to worker's compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any Contractor and Contractor's employees or agents. 2.04 INDEMNIFICATION. Contractor hereby agrees to, and shall, hold City, it's elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such operations be by Contractor or by any one or more persons directly or indirectly employed by, or action as agent for, Contractor; provided as follows: a. That the City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 043 • 2.05 INSURANCE. Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective an appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any subcontractor's operations under this contract, whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to death, to any one person and, subject to the same limit for each person, in an amount not less than $500,000 on account of any one occurrence; (2) Property Damage Insurance. In an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. (3) Comprehensive Automobile Liability. Bodily injury liability coverage of$500,000 for each person in any one accident and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of $500,000 for each accident. (4) Worker's Compensation Insurance. In the amounts required by law as set forth in Section 2.03 above. b. DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductible or self-insured retention must be declared to, and approved by, the City. The City may require that either the insurer reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected or appointed officials, employees, agents or volunteers; or the contractor shall procure a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses. 3 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 044 C. PROOF OF INSURANCE. Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least 30 days prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability insurance shall name City as an additional insured with the Contractor. 2.06 REMEDY FOR CONTRACTOR'S ERRORS Contractor agrees to reimburse the City in a period of up to one year for errors that he creates in either the billing or work process. Upon identification that an error was made on the contractor's part, the abatement officer shall present the documentation, which explains the error to the contractor for reimbursement. The contractor shall provide reimbursement within seven days of notification by the abatement officer for his portion of the abatement fee, plus the County fee for billing. 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement.- 3.02 PLACE OF WORK: City agrees to furnish space for use by Contractor while performing the services described in this agreement only as set forth in "Exhibit D", hereby incorporated herein. Any work space requirements not set forth in "Exhibit D" shall be the responsibility of Contractor, and Contractor may use alternate space for performing described services. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least 30 days prior written notice to the other parties to this agreement. • 4 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 045 • 4.02 TERMINATION OF OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the 30 days as set forth in Section 4.01; (5) End of the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agreement or materially breach of any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 4.04 TERMINATION: This Agreement shall terminate on May 31, 2004 unless extended as set forth in this section. The City, with the agreement of Contractor, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. The • condition of this contract is to abate those properties as identified and presented for City Council action on April 22, 2003 and work is to be completed prior to July 29, 2003. Any subsequent abatable properties discovered after July 29, 2003, will be forwarded to the contractor within the one-year contract window. 5.00 SPECIAL PROVISIONS None 6.00 MISCELLANEOUS 6.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 6.02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 6.03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a • material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. 5 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 04 6.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between • the parties hereto, arising out of or related to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 6.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 6.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid.to the following address for each respective party: PARTY ADDRESS i A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: Fire Department B. ROBERTO E. LE-FORT 9122 Huer Huero Rd. Contractor Creston, CA 93432 6.07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 6.08 BINDING EFFECT: This agreement shall be binding on and shall insure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. • 6 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 047 • 6.09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 6.10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 6.11 TIME: Time is expressly declared to be of the essence of this agreement. 6.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 6.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not • intended to be construed to define or limit the provisions to which they relate. 6.14 AMENDMENTS: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this agreement. • 7 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 048 Executed on May 27. 2003 , at Atascadero, California. • ATTEST: CITY OF ATASCADERO By: MARCIA MCCLURE TORGERSON WADE G. MCKINNEY City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR: By: ROY A. HANLEY ROBERTO E. LE-FORT City Attorney Contractor i � • 8 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 049 • EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor agrees to complete the project consisting of destroying vegetative growth (noxious or dangerous weeds) or other flammable materials found upon or in certain lots and lands in the City of Atascadero, and the removal of tree branches, refuse and other waste materials, including clearance of drainage ditches as required by weed abatement regulations. • 9 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 050 EXHIBIT B • CONSIDERATION FOR SERVICES Bid No. 2003-005, as follows: Mowing large parcels (one acre or more) by tractor with operator shall be the rate of$25.00 per 1/2 hour, with the minimum time per job on any parcel or lot to be one-half hour. Hand work (weed-eater) on small lots or lots not accessible with a tractor, the cost shall be $50.00 per '/2 hour (entire 4-person crew), with the minimum time per job on any parcel or lot to be one-half hour. Hauling of debris from parcels to the landfill, the cost shall be as follows: BAGS & CANS $ 40.00 30 Gal Bag 30 - 55 Gal Can SMALL LOAD (1.1 Yds') $ 40.00 Foreign pickup with toolbox Partial pickup load MINIMUM LOAD (1.7 Yds') $ 40.00 Shortbed and small pickup Longbed pickup with toolbox Longbed less than full Trailer up to 7' long LARGE LOAD $ 60.00 Longbed pickup even with cab Flatbed pickup Flatbed or trailer longer than 8' LOADS OVER 2.2 Yds' or 10,000 lbs (gross vehicle weight) are weighed $ 90.00 I 10 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 051 • COMMERCIAL RATES PER TON: COMMERCIAL $ 90.00 Uncompacted FRANCHISED HAULER $ 90.00 Uncompacted FRANCHISED HAULER $ 78.00 Compacted TIRES $ 100.00 *State tire hauler permit required to haul more than 7 tires RECYCLE CHARGES: Appliance with freon $ 30.00 Appliance without freon $ 30.00 Mattress/Couch $ 30.00 Television or Computer Monitor $ 40.00 Tires: Passenger tire $ 3.00 Passenger car tire on rim $ 8.00 Truck tire under 24 x 24 $ 14.00 Truck tire on rim $ 20.00 Passenger tire over 24 x 24 $ 90.00-180.00 * First TV/Monitor free; more than one TV/Monitor $20 each. Chicago Grade Landfill Fees The contractor pays these fees upon the delivery of each load The City reimburses these costs when the original receipt is attached to the corresponding parcel worksheet • 11 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 052 Photos: • The contractor, upon being awarded the abatement contract, must provide evidence of insurance as per city requirement of Agreement for Service of Contractor. He/she must provide a camera and all the color film needed, so as to take a picture of each lot he/she cleans before and after work is completed. The photos are to include items to be removed, such as: weeds, refuse, appliances, or any other abatable material, as directed in the contractor's work order. Significant identified landmarks must also be included within the picture so as to confirm location. Before and after photos shall be taken from the exact place and direction, so as to include significant and identifiable landmarks, as defined by the Captain. The film must be developed, organized by pairs of before and after shots, and submitted by attachment to each appropriate contractor's work order/billing for abatement work provided. All photos must be identified by parcel number, with an easel or dry erase board in the photo with the appropriate Assessor Parcel Number (APN) indicated. The APN indicated on the board must be clearly visible for payment. As a bidder and proof of work performed, you are responsible for all costs incurred to generate the required photos. All photos are to be organized and mounted on pages supplied by the city, submitted along with the completed worksheets with all billable time entered by the contractor, and delivered to the fire department's administrative secretary as each book is completed during the weed abatement process. Payment: Calculated worksheets are to be submitted to the Fire Department Administrative Secretary by fiscal year: one for all work completed during the 2002-2003 fiscal year(June 7— 30), and another for 2003-2004 fiscal year(July 1 —29). The due dates of the calculated worksheets are time sensitive as listed below and must be adhered to: 2002-2003 (June 7 - 30)---------------Due: July 1 2003-2004 (July 1 - 29) ---------------Due: July 29 Year-round abatements are paid by calculated worksheet and invoice. Assurance: The contractor will hold the City harmless from any failure or inability to prove that the work was completed. The contractor will hold the City harmless from any errors or omissions of the contractor, even where those errors or omissions are discovered past the date of payment for work performed. Safe Safety equipment to be provided as required by the City of Atascadero Fire Department. Each towing and/or crew vehicle must have installed, on board, one 2A1O13C fire extinguisher and two round-point shovels. Each tractor must have installed, on board, one 2 1/2 gallon water extinguisher and one 2AlOBC fire extinguisher. Prior to beginning work, the contractor must schedule an inspection of all equipment with the weed abatement officer at fire station one. Each tractor and weed eater must have spark arrestors, and be inspected for continuity. 12 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-0053 3 EXHIBIT C TOOLS AND INSTRUMENTALITIES PROVIDED BY CITY 1) Map books 2) Work orders 3) Street marking • • 13 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES 2003-2004 054 ITEM NUMBER: B -1 DATE: 05/27/2003 Atascadero City Council Staff Report- Community Development Department Appeal Planning Commission Approval of Conditional Use Permit 2002-0085 Santa Ysabel Mixed-Use Infill Development Appeal 2003-0002 RECOMMENDATION: City Council refer the project back to staff to prepare a General Plan Amendment utilizing a City reserved cycle and Planned Development Amendment that would allow one single-family dwelling unit and preservation of a 52-inch native oak tree. • REPORT-IN-BRIEF: Appeal 2003-0002 appealing of the Planning Commission's approval of Conditional Use Permit 2002-0085 for a multi-family residential structure to be constructed on an infill parcel as part of a mixed-use development. Situation and Facts: 1. Appellant: Joan O'Keefe 2. Project Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero 3. Project Address: 7250 Santa Ysabel Avenue, Atascadero, CA 93422 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Retail (CR). • 6. Site Area: 0.184 Acres (gross) 056 ITEM NUMBER: B -1 DATE: 05/27/2003 7. Existing Use: Vacant interior lot 8. Environmental Status: Mitigated Negative Declaration • Location/Site description: The site is located at the end of a private driveway that services single-family residences that are part of a PD-7 development fronting Santa Ysabel Avenue. The PD-7 development takes access from the east side of Santa Ysabel Avenue, approximately 500 yards south of Highway 41/Morro Road. The project site is bordered on the east by the Hunt commercial center. The private driveway contains an ingress/egress easement for the benefit of the subject parcel. The property is relatively flat and contains two native trees. The lots adjacent to the property at the sides and rear are located in the commercial zone and range in size from 0.72 acres to 1.55 acres. ii.. 'tip'.:&.'„•,:'.` .:.4:),:.$ q:• .s. :• x z Project Site .:.:•...::; :.,.••.:-. .. { , �K Adjacent Commercial Building «w ;: . fa ? �'%>`>%•fps•`•,: .. J •l`f,�y k: Native Oak Tree ' f s',ffd :.. ''°� ,r , • ,r +::•i 4:?: .: PD-7 Development _ :J v # / �. • 057 ITEM NUMBER: B -1 DATE: 05/27/2003 viyy"'ice'>i:::• ^+' .�.:::::}'•.�: gg if•}. •.y4xky 1 '•ij'J% ........... !f ff{ Santa Ysabel Project ` . ,rfr, PD-7 Site r >i.:.,f ... ,.. . } /moi.. :fi}•:' >' ::�f::f•::•:: :!/f f•::: .:7r�•:i F. ...{: .f•'•:�:�:::• r�'. i•Ft'i}.�<!;:;:yi;:;:;i��'��4�iY.�iiiii: •`��ri'i'::�}i+r�f?f;:i}i•:?jj••,y•.. •'� /r�lr.,`�iiiF •.}r}%r ..�'}- F�;?}'•..'�vii?:::`:>:!::'}`:':: �irf+:r '•::•--:r-f;}r:ti:.':::} tir•�'!.••{ ff :,.•:: ;•': 'ti...,�•n. N --------------- :te• :::::?:'...::i:�:: ••:�F,r,{•�f�t�ifrr;:f .•;F,.}:., .+f�j�j�,f.: Hunt Commercial }•' %'�f�{ •fr:::��•��• f Center {{;::<,f :: ;.:; :. ::. r •fir;..;•.{5 27 ::ff. f• f. fy1 fr .:l .r� .f.: v}.x f+ .fi�.• ::. ::::::iii?i;:;:' ;:<::::�:::�:?::::::::::.•_ ���'+'''i:4:f:-':�i:�iii:?<::::5:!<:::v:�iiiiii;:}: .F%:;i(� ::•J s .:f v fi v.rf {.• xff• ..J iP ::.......... .. ...........................................:..::::::::::::::::. v.\ DISCUSSION: Background. The following is a timeline of approvals related to the project: April 3, 2002, staff approved a Precise Plan for a commercial building at 7253 EI Camino Real, the lot fronting EI Camino Real immediately adjacent to and east of the project site. May 14, 2002, City Council approved a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map located at 7250 Santa Ysabel Avenue. The Zone • Change approval established a Planned Development#7 overlay on the site subject to a master plan of development (CUP) that allowed nine (9) single-family 058 ITEM NUMBER: B - 1 DATE: 05/27/2003 residences to be constructed. The PD-7 development occurs immediately to the east of the project site. • March 4, 2003, the Planning Commission approved a request to allow an interior infill lot to function as the minimum multi-family residential portion of a mixed-use development with the Commercial Building to the west. Planning Commission concluded that findings for a Mixed Use Conditional Use Permit could be applied to permit creation of the four-unit multiplex. The approval included conditions of approval that the applicant provides code required covered parking on the parcel. March 17, 2003, staff received a request to appeal the Planning Commission's approval of the mixed-use residential structure based on evidence that the residents of the neighboring PD-7 development were not noticed of the public hearing for the project. ANALYSIS: Appeal Issues: An appeal request was made based on evidence that the residents of the Planned Development located adjacent to the project at 7253 Santa Ysabel were not notified of the Planning Commission Public Hearing, and thus not given the opportunity to have input. Staff has investigated the issue of the noticing and determined that the properties were sold during the permit process and these updates. were not including in the mailing list. While the noticing met the legal requirements of the municipal code, the majority of property owners affected by the project were not notified. The primary issue that the neighborhood has raised is the compatibility of the 4-unit complex within a single-family project and the loss of the native oak tree. Staff Comment: Staff notes that the four-unit multi-family structure will require the removal of one large white oak and possible impacts to another smaller tree. In addition, the character of the project may be out of place within a single-family development. In further review of the project and discussions with the applicant, it is staff's opinion that a better project would be a single-family dwelling on the lot and preservation of the oak tree. In order to allow a single-family dwelling a General Plan amendment would need to be processed changing the land use from commercial to multi-family residential. This amendment allows the site to be included within the adjacent PD-7 master plan of development and a residential single-family structure consistent with the character of the development to be constructed. Staff is recommending that the project be returned to staff to work with the applicant to develop a revised project • 059 r 8 €ry v`: ]PER PE I AM A%kl MAN MIN RIN i�l�ilir7 i ITEM NUMBER: B -1 DATE: 05/27/2003 Planning Commission Approval CUP 2002-0085 Multi-Family Project Design: • Architecture & Colors: The buildings have been designed with a Mediterranean character using a variety of colors, materials, rooflines, trim bands, and tile roof. ..L. - -'-�L � `-'.� t:•..,. Q �rRlsvee+n ewt�rl-rtP 5• � � I - I Fr Dark Base s ' Color to Contrasting "Ground" —© Horizontal Building i Trim Add Shutters R Front Elevation . p - �'�mvw�.rnMuel-1yp i. • i ,I � ' Rear Elevation-see comments above • 061 ITEM NUMBER: B -1 DATE: 05/27/2003 • t< _: p(llfeK iu.tii[ii+.<cLtu. A44i�;r1 t�N{AftU i.. ...talA 8RNf3 CQ f7F2 -; .. f 89ta33'x331;33.SE)8if a..f.. . ..... r r.....MF gds cax Fi? t?t U Parking/Access: Based on the on-site parking requirements for multi-family residential uses, the site is required to provide 6 uncovered parking spaces. The • project has been conditioned to provide a total of 6 parking spaces. A reciprocal access, utility, and parking easement was also a condition for the project. Site Design/Landscaping_ The project is required by code to provide at least 10% parking lot landscaping. In addition, a landscape and irrigation plan is a condition for the residential structure and would be required at the time of building permit submittal. Multi-family residential projects are required to provide a 300 square-foot private or 1000 square-foot combined landscaped recreational open space area. Oak Tree Preservation and Removals: There are two native trees located on the project site. The applicant proposed to remove one 52-inch native white oak tree, and avoid an 18-inch white oak. A certified arborist evaluated the native trees on-site and provided preservation measures whereby the impacts to the tree could be mitigated. Upon further review it was determined that impacts to the 52-inch white oak were too great for the tree to survive and would pose a future safety hazard. The arborist stated that the oak is in poor condition, therefore the Commission could make the finding that the tree is dead, diseased or dying beyond reclamation as certified by a tree condition report prepared by a certified arborist. Subsequently, the Planning Commission approved the removal of the 52-inch white oak. Staff recommended payment into the Tree • Mitigation Fund consistent with the Atascadero Native Tree Ordinance. 062 ITEM NUMBER: B -1 DATE: 05/27/2003 • Tree Mitigation Table Evergreen Native Trees(inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 0-inches 1 52-inches white Oak 2 2 3 3 4 4 5 5 6 6 Total 04nches Total 52-inches 52-inches Tree Fund Payment: $ - Tree Fund Payment: $ 1,733.33 $ 1,733.33 r --�� --- Oak#2 a , I `\ 0, •fi 11 • .K• 14. r� Oak#7 s �S 5101 � . �. 063 ITEM NUMBER: B -1 DATE: 05/27/2003 General Plan & Zoning Code Consistency: • The General Plan sets no minimum lot size for the Commercial Retail zone distract. The General Commercial Land Use Designation allows for mixed-use projects within the Commercial Retail zone district. However since the Mixed Use zoning ordinance has not yet been approved, site development standards would have to be met before a building permit could be issued for construction to begin. f+r Residential Multi- Project Family Zone Site: .kr:;.» ' ''` '• :! ,!. District-16: Density f f i'M �`'{.:� � '�•'�'{�������'; Units/Acre {Ji4'f.%'% ir:;.�,f/rrrr�%i•'.:'::::. .,.f`. .r lrrr?r,. ..•,!•.�f!•:.''•;:; •.,rr$ir':::S:i. �!v! rGeneral Commercial r{ Land Use/Commercial Retail Zone District {ri ! /r. !"r ...Jr% S3 a•: f •:;'ff�..r....: !r: .F.r ?•f.} rf�: •:l:r.+ 2Kr :•.l.rrr. .7 { i� •a+i. /� .,a. ik4 ?.f { a: r ':n.• %t .�f . :r}+ !� i::ii::i:i::ii:':•.:::i:.iiiiiiiii}}}i:.i a ■� .f. •:till i::«::::iso::::::iiii:::,.:;::::::i;:i::i::%:::::::i::::::::: :::�::::i::::i':i:%�::i::::i.::::.::::... .:::::::::,.•;;•. The site is in the Commercial Retail zoning district where the mixed-use projects are conditionally allowed. The following findings were made by the Planning Commission to approve a conditional use permit. Originally, it appeared to staff that all of the required findings could be made for the project. • 064 ITEM NUMBER: B -1 DATE: 05/27/2003 Conditional Use Permit Findings 1. The proposed use is consistent with the General Plan. • 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity and the use. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Mixed Use Findings 6. The project will not result in an over concentration of multi-family residential development within a commercial district. 7. The project is compatible with and will not negatively impact surrounding commercial uses. 8. The project will not be located on a prime commercial intersection or site that would best be reserved for exclusive commercial development. CONCLUSION: It is the opinion of staff that a better project can be developed for the site with a General Plan Amendment. A single-family unit would be more compatible with the surrounding development and allow for preservation of the 52-inch oak tree and address many of the neighborhood's concerns. The applicant is willing to support this alternative if the General Amendment is not delayed. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. i ITEM NUMBER: B -1 DATE: 05/27/2003 ALTERNATIVES: • 1. The Council may grant the appeal thereby denying Conditional Use Permit 2002-0085. 2. The Council may uphold the Planning Commission approval of Conditional Use Permit 2002-0085. 3. The Council may refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 -- Location Map (General Plan and Zoning) Attachment 2 -- Letter of Appeal, dated April 2, 2003 Attachment 3 -- CUP 2002-0085 Staff Report: Santa Ysabel Mixed-Use Infill Residential Development 066 ITEM NUMBER: B -1 DATE: 05/27/2003 ATTACHMENT 1: Location Map(General Plan/Zoning) • APL 2003-0001 X33::.4 � .���•::;.,,:•'s:i'}}}}::•}:::� � � �, San �v t T.r •:--.}jj'f 1 j'';� f ::'iC;:j:?iiii..;:•;a .,4ny,W � _ �>\<_ i ggre a E•'€4 f asct : i ffti PD-7TSS £ sitell S� 4 i� f ::f'y:,'f�" •: �if ':L•}:�::?9 $¢ � 4.. ^W4 Y"%.'} ^} {•• ' •:s :}s}f;.k��•:f• ;d<Ei'.`^' 5:.:.7 .:......: . �. v;••:ti;:4�fj .+{Y?y'•y:.;.. y?''... :i}ii%: ' :�}? y::3titi��!/::':;i:.:: ';•'•'•¢y+{}i; '•i:.`�,`�::ii:ii:�ii::;:;:j��/ ;+Y.,y.,. _.Ma-+ ;;,£.y{.; fr .,..4:•: f:;fti•::}l+ti: ;:r}., :...i:... �3a[s$( "'^'„+,w,,,.a,,,4 � ,y%i, '.d' +...V �fr'r •':•f}. +.}; ........ w �<w-+"' +�•++r':'.^\'++'W:• ^_ ,'yG"?}}} ti:;� ,'�f i�nY% f. }t' v(` riF , � 3�„`f,•fy�.+kti}v,•�'{ { r+�+k:,,ff`'f'•.'r'J ... f!. 4• a} � v;:lr 'f � 4�,1rrr '•'i v ff f ,} i s,s tih •:;s.,- iszs:z::;iii�i�#??' i�3ii;'�.f<-.�.: fs!:t C '•};'�J;;,fir".%•,'l.;f•: } s 4. yz}} Sfi-i:�ii:"i:� .'.�`�4r.rr�i 3- 3 ti_ 0 f f'•}$Ff v<j }. :.................. iff} t i. :}3 :; 4 s •!i :w ;: S. ...................... .......................... ::n»:•...�... w}'•........... ::i i is S S iii:%:ii:}:iiiii:�i}:�>i f S ................. S %^. 4 w°`ii2 i`.?i":i3'i.... jjQ¢'' 2( .............. •s:.. i%�3$ii$i;�3»i :'i%i�?i=i?i�::::::::::::::.: :�s46 }�,,,��,��{/3+•�'^<:}. i. t }>}:2�:�:�:%::;:::i::::::ii::::i::::i::::ii::>::.;:.;f:.;:.;::;:>:.>:s.>:�2T>:.:;:;.»>;:�•:.»}}:.}:.}rs�fi::::i::::i:.i::::i:::::%:i:d+,:::.:3 :. xw ..•a.}}: .. • 067 ITEM NUMBER: B o 1 DATE: 05/27/2003 • ATTACHMENT 2: Appeal Letter APL 2003-0001 ` RECEIVED� 11 % %) ? 60;> ? ;1 :r .� "moa. ( r.10P 1 LE.E. � 'C 11 . K CS L"ERE r `, t r f .✓ �..� i a 11 11 ti1. .,4,v. f rfk2 e 0 3>trrc2l£i E -� 1 ..� - Vii} t! ; �"', t r ••r i rl •; �t ?a . l G FRSs iGF ! / 11I 11 r/✓:Z r / .....`-'F''C> .� + r> r r �'r k.t.Vt tdW � �"t`� rr < .6"I 11. t /� 1 �.''cTr > 1/f: f� Y. ' w ' lty mere •!` 1/ Jt i.M1 rf,�11 �>' 11, S, 11 ` Lr w 11 r > :} r^ !:.F✓iYr'.R, .*;:"'i •i` i i. l+ p�.'fn �. r 4 i, ,'.-:-�, I 1 1 • r n r` , r'i <:' !-fit,.� r i �.\$=. ` :'.. +/1/�'d, - r f. . �"�.:-- ri�; +J`y-C,�....... 11.1 % ' 1 t t - - ttrtrt r •; r xY; 7 ,lc...r (�i vT�M_ �s 11 I f rr �!ii'$ i ;4 s fi y� r^>rA .. f� ( t 1. Y / i r i ' 3�) t {� i O H�:n fif- I 11l.: ��{ f ::✓ {/J• i`«+ '\.: f t 11 .1 .�fes,{•f: J �! a„ ✓ : �a 1t cyf 0 ITEM NUMBER: B -1 DATE: 05/27/2003 ATTACHMENT 3: Planning Commission Minutes . .. ,n CITY OFATASCADERO AT `'`F .87�i, PLANNING COMMISSION MINUTES ' . Regular Meeting March 4, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:02 p.m. and Commissioner Porter led the Pledge of Allegiance. PLANNING COMMISSION BUSINESS i A. Administration of Oath of Office City Clerk Marcia McClure Torgerson administered the Oath of Office to Planning Commission Members Robert Jones, Joan O'Keefe, and Ellen Beraud. ROLL CALL Present: Commissioners Beraud, Jones, O'Keefe, Porter, Bentz, Kelley and Chairperson Fonzi Absent: None Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Associate Planner Glenn Rider, Planning Services Manager Steve McHarris, Assistant Planner Kelly Davis, Atascadero City Firefighter Peter Gaw and Recording Secretary Grace Pucci. PUBLIC COMMENT Eric Greening, 7365 Valle Avenue, welcomed the new Commissioners and thanked the Commissioners who had attended the Smart Growth Conference. Mr. Greening spoke about his conclusion that the fear of high density may be unwarranted but it is still warranted if the patterns of auto use are the same as they are with low density. He encouraged the Commission to look at every mechanism they can when approving developments with higher density to encourage a modal shift, 06 ITEM NUMBER: B -1 DATE: 05/27/2003 i.e. designs of streetscapes that would encourage pedestrian usage and incorporating more areas for • shade into the designs. Chairperson Fonzi closed the Public Comment period. Community Development Director requested that agenda Items#8 and 9 be switched. MOTION: By Commissioner Jones and seconded by Vice Chairperson Kelley to switch Items #8 and 9. AYES: Commissioners Jones, Kelley, Bentz, Beraud, Porter, O'Keefe and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7:0 by a roll-call vote. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 4. 2003. MOTION: By Commissioner Jones and seconded by Commissioner Bentz to approve the Consent Calendar. AYES: Commissioner Jones, Bentz, Porter, Kelley and Chairperson Fonzi NOES: None ABSTAIN: Commissioners Beraud and O'Keefe Motion passed 5:0 by a roll-call vote. 2. CONDITIONAL USE PERMIT 2002-0085: 7250 SANTA YSABEL Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: Conditional Use Permit 2002-0085 Project Location: 7250 Santa Ysabel Project Description: Proposed multi—family residential building located in the Commercial Retail zone district as part of an contiguous mixed use development. Proposed PROPOSED MITIGATED NEGATIVE DECLARATION 2003-0007: Environmental Based on the findings of the initial study, the Community Development Department Determination recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project. The proposed Mitigated Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., • Monday through Friday 070 ITEM NUMBER: B -1 DATE: 05/27/2003 Staff Adopt Resolution No. PC 2003-0030 approving CUP 2002-0085 based on findings Recommendation and subject to Conditions of Approval and Mitigation Monitoring; and, Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. Commissioner Beraud indicated that she does not find this project to be a pleasing fit for the area and does not feel she can support the removal of the impacted tree. PUBLIC COMMENT Kelly Gearhart, applicant, stated that he was in agreement with the staff report. He indicated that the project was designed to keep the tree that is to be removed, but it was found to be in poor health. Also, Mr. Gearhart stated that all the neighbors are aware of the project as it is in their CC&R's, and there are several four-plexes in the neighborhood. Mr. Gearhart answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe stated it was her opinion that this project would impact the residential development in the area and she would therefore be unable to make the finding that states, "The project will not be inconsistent with the character of the immediate neighborhood," and for this reason would be unable to approve the project. Chairperson Fonzi asked that if the project is approved, another condition be added to prohibit the use of dumpsters on the site. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to adopt P.C. Resolution No. 2003-0007 approving CUP 2002-0085 to construct a four unit multi- family residential structure at 7250 Santa Ysabel Avenue subject to findings and conditions, adding a condition to prohibit the use of dumpsters, and subject to the following special findings: 1. The project will not result in an over concentration of multi-family residential development within a commercial district. 2. The project is compatible with and will not negatively impact surrounding commercial uses. 3. The project will not be located on a prime commercial intersection or site that would best be reserved for exclusive commercial development. AYES: Commissioners Kelley, Jones, Porter, Bentz and Chairperson Fonzi NOES: Commissioners Beraud and O'Keefe ABSTAIN: None Motion passed 5:2 by a roll-call vote. COMMISSIONER COMMENTS &REPORTS None 071 ITEM NUMBER: B -1 DATE: 05/27/2003 ADJOURNMENT • Chairperson Fonzi adjourned the meeting at 11:50 p.m. to the next regularly scheduled meeting on March 18, 2003. MEETING RECORDED BY AND MEETING PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department. Attachment A—Larry Bell, written comments Attachment B—Dirk Mulder, written comments Attachment C—San Luis Obispo County Affordable Housing Standards Attachment D— Letter to Commission from Greg Boyer \\Cityhall\CDvlpmnt\-PC Minutes\PC Minutes 03\PC Minutes 03.04.03.gp.doc • 072 ITEM NUMBER: B -2 DATE: 05/27/2003 iaia ,r � 1979 Atascadero City Council Staff Report - Fire Department Weed Abatement— Hearing of Objections RECOMMENDATIONS: Council: 1. Hear and consider all objections to the proposed removal of vegetative growth and/or refuse, and allow or overrule any objections; 2. Authorize the Fire Chief to proceed and perform the work of abatement. DISCUSSION: As part of the abatement process, the Council is required to hear objections to the proposed removal of vegetative growth and/or refuse. This hearing allows any affected property owner to object to the proposed abatement of hazards on their property. FISCAL IMPACT: Costs involved in administering this program are recovered through the 100% administrative fee charged to parcels abated by the City Contractor. ALTERNATIVES: No alternative is recommended. 073 ITEM NUMBER: C -1 DATE: 05/27/2003 .R 1911 1 791 8 Atascadero City Council Staff Report -Community Development Department Surface Mining and Reclamation Act of 1975 (SMARA) Compliance Report Millhollin Mine CUP 96003 RECOMMENDATION: Council receive and file this report. DISCUSSION: Background: The Millhollin Quarry was established in 1945. Although the Quarry was established within an area already subdivided (Atascadero Colony, 1914), its establishment preceded the development of the majority of surrounding properties that are now predominantly residential. The Quarry was used on a very small scale for approximately 45 years. ■ March of 1980 - A Reclamation Plan was approved for the Quarry by the County of San Luis Obispo. Although the City had incorporated eight months prior, the County continued to process land use applications for about one year after incorporation until such time as the City was staffed and able to assume that function. As a result of procedural oversights and technical inconsistencies, the 1980 Reclamation Plan did not undergo environmental review pursuant to the California Environmental Quality Act of 1970 (CEQA) nor was it subject to State review as required by the Surface Mining and Reclamation Act of 1975 (SMARA). Without any public notice, the approval of the 1980 Reclamation Plan went unchallenged. ■ 1991 - The County of San Luis Obispo (the customer of the Quarry) intensified their use of the Quarry significantly. This increased level of activity caused • neighboring residents to contact the City with short-term operational questions (noise, dust, traffic, etc.) and long-term end-use questions (closure date, final site 074 ITEM NUMBER: C - 1 DATE: 05/27/2003 condition, etc.). It was then that the City discovered that the State still considered the County to be the lead agency responsible for ensuring SMARA compliance within the Millhollin Quarry. ■ 1992 - The City of Atascadero became certified by the State Mining & Geology Board as lead agency under SMARA. ■ June of 1993 - The City ordered that an amended reclamation plan be prepared for the Millhollin Quarry that would address the operational concerns and establish a "sunset date" when mining activities would cease and the site would be reclaimed in an acceptable manner. From June through December of 1993 numerous plans were submitted and deemed inadequate. During this time, the County escalated their operations at the Quarry, which inflamed the neighbors. ■ December of 1993 - The Council directed the Quarry to be closed until an adequate amended plan was submitted. ■ September of 1994 - The Interim Operational Agreement was approved by Council. Neighboring residents were dissatisfied with the approval of the Interim Agreement and filed suit against the City and mine owner. ■ March 1996 - All parties agreed that City staff would prepare the amended Reclamation Plan and supporting environmental documentation. ■ October 1996 - City Council approved revised Reclamation Plan and Operations Agreement in the form of Conditional Use Permit 96003. The lawsuit was subsequently settled. Analysis: The 1996 Millhollin Quarry Reclamation and Closure Plan (CUP 96003) has two components that require City inspections and monitoring for compliance. The first item is the Operations Agreement. The Operations Agreement deals with the day-to- day operation of the Mine and minimizing impacts to the surrounding neighborhood. The second component is the long-term SMARA Reclamation Plan that requires the site to be restored as phases of the mining operation are completed. SMARA Reclamation Compliance The overall purpose of SMARA is to ensure that open pit mines are restored or reclaimed during the mining process so that they don't become long-term nuisances. The 1996 Plan requires the mining operation to be completed in 2011 and the entire site to be restored. Restoration is defined by the Plan as returning the site to grazing land with 50 native oaks that would then be available for residential development. The City's role in this process is to monitor excavations and restorations for compliance with the Plan and make annual reports to the State of California. In order for the City to 075 ITEM NUMBER: C - 1 DATE: 05/27/2003 • determine compliance, the operator is required to provide annual information related to the excavations, material removal, topsoil retention, and reclamation. The City sent the operator a letter on October 3, 2001 requesting that new topographic survey maps of the Mine be submitted so that the City could perform an inspection. Portions of the information requested were provided but updated topographic surveys were not submitted. In the summer 2002, the operator submitted copies of his State 2001 Mining Operation Report. City staff met with the operator's surveyor on the site on October 15, 2002 to discuss reclamation compliance. Staff requested again that updated survey information be provided so that the City could perform an inspection. The survey information was not provided to the City. On February 13, 2003 the City notified the operator that a complete report on the status of the mining operation and restoration plan must be submitted by March 31, 2003 (see attachment 2). On March 31St the applicant submitted information on the project for staff review. Upon completion of the review, staff determined that the information was incomplete and did not satisfy the request. Based on the terms of the Operations Agreement, a second letter was sent on April 10, 2003 notifying the operator that the mine was in default of the operations agreement and that this condition must be corrected in 90 days (see attachment 3). The operator has not contacted staff since the letter was sent. CONCLUSION: Staff has been unsuccessful in obtaining adequate information from the operator on the compliance of the mining operation with the Operations Agreement and Reclamation Plan. The City must submit a compliance report to the State of California regarding the operation's compliance. If the requested information is not provided to the City to cure the default, the City will be forced to take further action to obtain compliance. FISCAL IMPACT: None ATTACHMENTS: Attachment 1: SMARA Frequently Asked Questions Attachment 2: February 13, 2003 Letter Attachment 3: April 10, 2003 Letter • 076 ITEM NUMBER: C -1 DATE: 05/27/2003 Attachment 1: SMARA Frequently Asked Questions • Source: CA Department of Conservation Website. What is SMARA? SMARA is an acronym for the Surface Mining and Reclamation Act of 1975. SMARA was enacted by the California Legislature to address the need for a continuing supply of mineral resources, and to prevent or minimize the negative impacts of surface mining to public health, property and the environment. Who administers SMARA at the State level? The Department of Conservation's Office of Mine Reclamation (OMR) and the State Mining and Geology Board (SMGB) are jointly charged with ensuring proper administration of the Act's requirements. The SMGB promulgates regulations to clarify and interpret the Act's provisions, and also serves as a policy and appeals board. The OMR provides an ongoing technical assistance program for lead agencies and operators, maintains a database of mine locations and operational information statewide, and is responsible for compliance related matters. What is Mined-Land Reclamation? The process of reclamation includes maintaining water and air quality, minimizing flooding, erosion and damage to wildlife and aquatic habitats caused by surface mining. The final step in this process is often topsoil replacement and re-vegetation with suitable plant species. The following are examples of successful reclamation projects: One mining company in Ventura County reclaimed its mining pit to a strawberry field. • A gravel extraction area at Mississippi Bar in Sacramento County was returned to a riparian (water)wildlife habitat. • An aggregate mine on agricultural land in Yolo County operates in four phases. The intent is that not more than 95 acres is out of agricultural production at any time during the project's life. I • Other mined lands have been reclaimed to grazing and production of crops such as alfalfa, corn, grapes and tomatoes. Who is subject to SMARA? The Act's requirements apply to anyone, including government agencies, engaged in surface mining operations in California (including those on federally managed lands) which disturb more than one acre or remove more than 1,000 cubic yards of material.This includes, but is not limited to: prospecting and exploratory activities, dredging and quarrying, streambed skimming,borrow pitting,and the stockpiling of mined materials. What is the application of SMARA to mines on Federal Lands? By way of a Memorandum of Understanding between the Department of Conservation,the Bureau of Land Management (BLM), and the U.S. Forest Service (USFS), have agreed that the statutes and regulations of SMARA are applicable to lands regulated by BLM and the USFS. Under the terms of the agreement,the local lead agency remains the lead agency and has the main responsibility to enforce the requirements of SMARA. The lead agency works cooperatively with the federal agencies to assure that the requirements of the • local ordinances, state statutes and regulations and federal requirements are met. 07 ITEM NUMBER: C - 1 DATE: 05/27/2003 • Lead agency status cannot be delegated to the federal agency. • The local lead agency must require and approve (after review by the Department of Conservation) a reclamation plan and financial assurances. (Lead agencies may accept operation plans, reclamation plans and environmental studies that meet BLM and USFS, provided they meet the requirements of SMARA.) • The financial assurances must be payable to the appropriate federal agency, as well as to the lead agency and the Department of Conservation. • The local lead agency retains responsibility for annual inspections. For the mine operator: • Mining claims with the appropriate federal agency, and claim maintenance fees are still required. • Mine operators are still required to submit annual reports and annual reporting fees to the Department of Conservation. How is SMARA Implemented? City and county"lead agencies" adopt ordinances for land use permitting and reclamation procedures which provide the regulatory framework under which local mining and reclamation activities are conducted. The State Mining and Geology Board (SMGB) reviews these lead agency ordinances to determine whether each ordinance meets or exceeds the California surface mining and reclamation procedures established pursuant to SMARA. If the SMGB determines that a lead agency is not in compliance with SMARA,the SMGB has the authority to exercise any of the powers of that lead agency • with respect to surface mining and reclamation, except for permitting authority. The SMGB promulgates regulations to clarify and interpret the SMARA's provisions, and also serves as a policy and appeals board. When can mining begin? Lead agency approval of a mining permit, a plan for returning the land to a usable condition which is readily adaptable for alternal land use (known as a "reclamation plan"), and financial assurances to guarantee costs for reclamation, are required prior to initiating mining activities. Pursuant to PRC §2207(d)(6), new mining operations must also file an initial report with the OMR. What is the role of the SMARA"lead agency"? SMARA lead agencies review applications for permits and/or reclamation plans (or amendments theretoj submit reclamation plans and financial assurances to the State for technical review and comment prior to approval, annually review financial assurances, annually inspect mining operations for compliance, and take enforcement actions where necessary. What is the role of the mining operator? Mining operators are responsible for the preparation and submission of reclamation plans and financial assurances for reclamation to the lead agency.Annual reporting to both the State and the lead agency on the status of mining and reclamation activities, annual updates of financial assurances, and annual inspections (to be conducted under the auspices of the lead agency), are required. Following completion of mining activities, and in accordance with the approved reclamation plan and relevant permit conditions, mining operators return mined lands to a second, productive use. Examples of post-mining uses may include, but are not limited to, open space,wildlife habitat, agricultural lands, grazing, park lands, and preparing the land for industrial or commercial uses. What types of financial assurances may be used to guarantee reclamation? • 7� ITEM NUMBER: C -1 DATE: 05/27/2003 Financial assurances may take the form of surety bonds, irrevocable letters of credit or trust funds, and • must be accessible by the lead agency of the State in cases of mine abandonment. The SMGB may, by regulation, authorize alternative financial assurance mechanisms.While additional forms of financial assurance mechanisms have not yet been extended to mining operators, governmental entities have been authorized to utilize pledges of revenue or budget set-asides. What happens if an agency does not have a certified ordinance? In the absence of a certified lead agency SMARA ordinance, the SMGB may review and approve reclamation plans. Any such plans would not be subject to later modification by the permitting agency; however, administrative jurisdiction may be regained once a SMARA ordinance has been certified by the SMGB. • 079 ITEM NUMBER: C -1 DATE: 05/27/2003 • Attachment 2: February 13,2003 Letter y CITY QF ATASCADER0 MR ERo ' COMMUNITY DEVELOPMENT DEPARTMENT COP y February 13,2003 Certified Mail#7002 0860 0007.1392 9088 Glenn Millhollin 8758 E.Barstow Clovis,CA 93611 RE: Second Request:Updated Survey Information • CUP 96003 Millhollin Quarry Operations Agreement and SMARA Requirements APN: 055-451-006&055-451-030 Zoning District: RS Address: Santa Lucia Road General Plan: Rural Estates Dear Mr.Millhollin, In order to ensure consistency with the approved Use Permit,the Surface.Mining:and Reclamation Act,and to assist with the preparation of the required annual report,updated mine operation and reclamation information is needed. The City is requiring that th6 following information regarding current conditions at the Millhollin Quarry be provided no later than Monday,March 31,2003: 1. Five(5)blueline copies of a current topographic survey map of the existing.site condition at a scale of 1 inch=40 feet with the following information: a) Date of field survey shown on map(within last 90 days). b) Indicate the location and quantity of stored topsoil. c) Indicate areas of restoration. d) Indicate phasing lines. e) Two scaled cross sections showing existing grade.and final reclaimed grade. One section shall follow the ridge line and the second shall follow the exposed slope facing Santa Lucia Road. f) Provide wet stamp and signature by the engineer of record. 6500 PALMA AVENUE . ATASCADERO,CA 93422 080 ITEM NUMBER: C -1 DATE: 05/27/2003 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT February 13,2003 Page 2 of 2 2. Your 2001 Operation Report to the State reports that 1 acre of the site has been reclaimed. Staff will require actual written and mapped documentation that reclamation has occurred consistent with the reclamation plan. The City Council will agen&e this item for review in April consistent with the Conditional Use Permit requirements. Failure to provide all of the above information prior to March 31,2002 will result the City issuing a Notice of Default to the operator. The information must be provided to the Community Development Department to Warren Frace, 6500 Palma Ave.Atascadero,CA.93422 no later than March 31,2003. If you have any questions or require assistance please feel free to contact me at(805)461-5035. Sincerel Warren M.Frace,Community Development Director cc: W.McMnney;CKy Manager S.Kahn;City of Ataspadaro Public Works Director.. S.McHards,City of Atascadero Planning Servic es.Manager R.Hanley,City.Attorney M:Torgerson.City.Clerk .'.. Cliff Howe,Road Maintenance Supervisor,County of San Luis Obispo Public Works Department;County Government Center,Room 207 San Luis Obstpo,CA 93408 Andrew 1 Rush,Environmientat Specialist l 11,Department of Conservation Office&Mine Rectama.W 801 K St MS 09-W Sacramento,CA 95814 Tartaglia Engineering,PO Box 1930,Atascadero,CA 93423 P0.t0a*2M3raM10'.19arr CUP b6aa3CarO&a G It 4.2-12-03-Wdoc 081 ITEM NUMBER: C -1 DATE: 05/27/2003 • Attachment 3: April 10,2003 Letter CITY ;OF AJA ADERO �i COMMUNITY DMLdPMENT bEfARTMENT F COPY L t. April 10,20'03 Ce fieri Mail#' 7005 0860 00071-392--914 GIenn Millhollin .8758 E.Barstow. Clovis,CA 93611 'RE: Wri€#eia-Noiicu of Pxogerty wner's,l0efanlf.of Upeiaffons Agreement Conditional Use Permit 96001. 14illhollin Quarry 0* 9"A and SMA11 , RA Requirements • APN: 055451-006&055-451 030 Zoning District: RS Address:,," Santa Lucia Road General.Plan .; Rural Estates Dear Mr.Millhollin, Staff has received the information you submitted March 31,2003 regarding the Millhollin Mine. Upon review of the information submitted,staff has determined that.the information requestedolt February 12,2003 has not been provided. Therefore stains unable to complete its annual inspection to ensure consisteney with'the approved Conditional UsaFcnnit 9603� Qperiititsns Agreement,and the Surface Mining and Reclamation Act. Uzi, r�e4l I S(i)of the O rations . Agreement,the City is notifying you that are considered.in defaulf of the operations Agreement: Under section 19(a).of the Operations Agreement you have 90 days to cure the default. The.Cityis requiring that the following information regarding current conditions at the Millhollin Quarry be provided immediately: :3- 1. Five(5)blueline{only 2 copes receivedl copies of a current topogxaph c survey map of the existing site condition at a scale.of I inch=40 feet with the following-information: AY Second eauest Pate of field survey shown on map(within,14 QO ays). (No survey date indicated on plans Cross sections indicate 11surv--,vtlate-Af lul-3 2001. b)..:,Second Reau„_est rIndzcate the,location,and gnanhty of atpred topsoil.(No information on topsoil orovided C) Second Request•Indicate areas of restoration.(No information on areas of restoration provided.) P"OWW4RGFAW 10:54 AM • 6500 PALMA AVENUE . ATASCADERO,CA.93422 q 2 ITEM NUMBER: C - 1 DATE: 05/27/2003 CITY OF ATASCA-bERO j COMMUNITY DEVELOPMENT DEPARTMENT April 10,2003 Page 2 of 2 d) Ser oilRequest:Indicate phasing lines.(No phasing lines provided`on topogtaghic man. Entire extent of the mine area does not appear to be shown.) e) Partially provided: Two scaled cross sections showing existing graded and final reclaimed_ de. Eine sec_tion shall foltow.the ridge line and the second shall follow ... . the exposed slope facing Santa Lucia Road. (The provided section are located in the correct areas however.sheet 2 indicates that the cross section information is from July 3,2001. Survey information must be within 66 last 90-days.) f) Provided: Provide wet stamp and signature by the engineer`of record: 2. Second request: Your 2001 Operation Report to the State reports that 1 acre of the site has been reclaimed. Staff will require actual written and mapped documentation that reclamation has occurred consistent with.the reclamation plan.. (no information onsite reclamation, provided.) Failure to provide all of the above inforrnation so that staff can complete its inspection prior to July 9,2003 will result the City taking all appropriate actions. The information must be provided to the Community Development Department-to Warren Frace; 6500 Palma Ave.Atascadero,CA.93422 as soon"possible. If you have any questions or require assistance please feel free to contact me at(805)461-5035. Sincerely, Warren M Frace,Community Development Director W.McKinney,City Manager S.Kahn,Clki of Atascadem Putrlic Works Director ,.S.McHards.City-MAtagcadero Planning Services Manager R.Hanley,City Attomdy M.Torgetsori,City Clerk C1111 Hbwe;Road Maintenance SupeMsor;County of San Luis Obispo Public Works Department,-County Government Center;:Room'207 San Luis Obsipo;CA 9340@.. Andrew J,Rush`,Eindrorirnentat Speciatist 111,Department of Consetvation`Otttce of R7tne ReeFamation 801 K St MS 09-06 Sacramento,CA SM14 Tartagria Engineering,PO Box 1930,Atascadem,CA 93423 PdM 06*4NOi2W39.32 AM .;.�':: - - FEW CUP MW CaMfta Io-5.3.7.03.w.14m 083 ITEM NUMBER: D -1 DATE: 05/27/2003 • �:. Isis; Ia A�cm �o�" Atascadero City Council City Attorney Report Discussion and Direction Regarding Establishing a Charter for the City of Atascadero RECOMMENDATION: City Council instruct the City Attorney and the City Manager to propose a form of Charter for the City of Atascadero. The timing of this should be done to allow an election by the voters of Atascadero in November of 2004. DISCUSSION: • n O March 18, 2003 the City Attorney delivered an off agenda memorandum to the City Council outlining the potential benefits to the City of Atascadero of becoming a charter city. The City Council expressed interest in hearing more about the issue and asked that the matter be put on an agenda for public discussion. The mentioned memo is attached for the particular advantages of being a charter city. This issue must be put to a vote. The City Council has two fundamental decisions to make at this point; namely: Whether or not to form a charter commission, and which election date to target for a vote if the Council wishes to proceed. There are two ways for the City to proceed towards a vote on becoming a charter city. One way is for a commission or committee to be formed to draft a proposed charter. The City Council would be free to name the members of any such committee and staff would be entitled to help that committee draft a charter. The City Council is free, however, to draft a charter on its own and present that to the electorate. Each method is legal. The second issue is which election date to target. Staff knows that the least expensive election will be the November 2004 date mentioned. Staff feels that this election date has two other benefits as well, it will have a Larger turnout, and • it gives plenty of time to educate the public on the issues. It would be legally possible to draft a charter for earlier election dates, but that is not recommended. 084 ITEM NUMBER: D -1 DATE: 05/27/2003 ALTERNATIVES: • There is no legal requirement to become a charter city. Failing to do so deprives Atascadero of the benefits of becoming a charter city, so that is not the recommendation of the City Attorney. ATTACHMENT: March 18, 2003 Memorandum • • 085 R DATE: March 18, 2003 �1DF`ROii City Attorney's Memorandum Roy A. Hanley To: City Council Re: Charter City Concept Cities within California may be organized as either general law cities or charter cities. A city which has formally adopted its own charter is known as a"charter"city. Atascadero is currently a general law city. The authority of a general law city is derived from the general powers granted to it by the state • legislature and from the police power granted to it by the State Constitution. In contrast, a "charter"city's power regarding"municipal affairs"is not defined or limited by the state's general laws. Instead, a charter city's "municipal affairs" powers are defined by the city's own charter subject only to the limitations of the state constitution. This memo will address (1) the nature of a charter city, (2) specific examples of charter city powers, (3)the procedural requirements for adopting, amending and repealing a charter, and(4) a summary of the advantages and disadvantages of becoming a charter city. Charter cities derive their powers directly from the California Constitution. Section 3(a)of Article 11 of the California Constitution describes the legal effect of a city charter as follows: The provisions of a charter are the law of the State and have the force and effect of legislative enactments. Section 5(a) of that same Article states that city charters "shall supersede all laws inconsistent therewith" with respect to"municipal affairs", and that city charters grant cities supreme authority to make and enforce all ordinances and regulations with respect'to municipal affairs. The courts have held that this provision of the California Constitution grants charter cities supreme authority in the area of municipal affairs. See Bishop v.City of San Jose(1969) 1 Cal.3d 56,61,81 • Cal.Rptr.465. Of course, even the actions of a charter city concerning municipal affairs are subject to basic constitutional limitations, such as procedural due process and equal protection of the laws. Memorandum 1 Charter City Concepts • March 18,2003 The State Constitution does not define the term"municipal affair." For this reason, the courts have been left with the responsibility of determining what constitutes a"municipal affair. Unfortunately, no"bright line"tests have been developed by the courts for making this determination. Instead, the courts have made this determination on a case by case basis based upon the particular governmental function at issue. Over the years, however, the courts have found many matters to be"municipal affairs"over which charter cities have full authority. The following is a partial list of those matters judicially declared to be a"municipal affair" over which charter cities have supreme authority. • public works contracting procedures • the procedure for issuance of municipal bonds • the procedure for issuance of building permits • the rendering of financial assistance to public schools • the acquisition and establishment of municipal parks • the establishment and maintenance of sewers and drains • the granting of a franchise to use city streets • the operation of a municipally-owned utility • the imposition of a licensed tax on local businesses • the imposition of a real property transfer tax • matters relating to a municipal election • city funding of city political campaigns • city council term limits • the appointment, compensation and removal of city employees, and • the creation of a municipal board of health for municipal employees Over the years, the courts have also decided that many subjects are a matter of statewide concern over which the state legislature has full authority over both general and charter cities. The following is a partial list of matters which have been held to be of a general or statewide concern, rather that strictly a municipal affair; • the school system regulation of traffic • franchises for telephone or telegraph lines • licensing of members of a trade or profession • a municipality's responsibility for injury to the person or property of others • taxation of banks and savings and loans Memorandum • open public meetings under the Brown Act, and • the procedure for exercising the power of eminent domain Some of the areas which the courts have found to be"municipal affairs"are discussed further herein. Memorandum 2 • Charter City Concepts March 18,2003 Public Financing A charter city may finance various public improvements without complying with certain provisions of State law. With respect to the issuance of revenue bonds, it has been held that a charter city may adopt a portion of the Revenue Bond Law of 1941, while eliminating the election requirements. With respect to special assessments, it has been held that a charter city is not bound by the provisions of the Improvement Act of 1911 or the Municipal Improvement Act of 1913. One court approved a procedural ordinance providing for a facilities benefit assessment district, which placed a present lien on undeveloped property to pay for future public improvements. General law cities are subject to the requirements of the Improvement Act of 1911 and the Municipal Improvement Act of 1913. Public Works Contracts The courts have held that the construction of city public works is a municipal affair. Therefore, those portions of general law requiring cities to solicit public, competitive bids for public projects do not apply to charter cities. The case law would appear to allow a charter city to provide for • construction of public works by utilizing its own forces or by negotiation contracts, or other means not authorized in the Public Contract Code. A charter city is also not bound by the-State Prevailing Wage Act when issuing public works contracts. When a general law city issues a public works contract, laborers are entitled to be paid the minimum prevailing wage pursuant to State law. Please note that use of state or federal funding may require the payment of prevailing wages. Franchises A charter city has broad power to establish conditions and regulations on the granting of franchises to use the city streets for light, water, power, heat, transportation or communication services in the city. However, a charter city's regulations must not invade the exclusive jurisdiction of the Public Utilities Commission, or violate the constitutionally protected rights of due process or equal protection of the law. In contrast, the power of a general law city over franchises in city streets is limited by numerous provisions of the Franchise Act of 1937. Initiative, Referendum and Recall Article 4,Section 1 of the California Constitution provides that"the people reserve to themselves the power of initiative and referendum." The Constitution also provides, at Article 2,Section 11, that • Memorandum Charter City Concepts March 18,2003 3 charter cities are not bound by State legislation governing the procedure for the exercise of initiative and referendum powers. Therefore, charter cities may provide for the manner in which the powers of initiative and referendum may be exercised, so long as they don't impinge upon the basic rights of initiative and referendum expressed in the Constitution, and so long as they do not devise procedures so restrictive that it is virtually impossible to exercise those rights. Method of Enacting an Ordinance In California, the mode and manner of enacting ordinances is a municipal affair. Accordingly, a charter city would not be bound by any general law procedures concerning the adoption of ordinances, but would be free to adopt its own procedures. Gift of Public Funds The California Constitution provides that"the legislature shall have no power to...make any gift or authorize the making of any gift, or any public money or thing of value to any individual, municipal or other corporation whatsoever." The courts have repeatedly held that while this section prohibits general law cities from making any gift of public money, the section does not apply to charter cities. Since the Constitution does not define what constitutes a"gift" of public funds, some general law cities have found themselves in court litigating the issue. Although most city charters contain provisions aimed at assuring the responsible expenditure of city funds, the inapplicability of the constitutional prohibition against"gifts" gives charter cities more flexibility than general law cities with respect to the spending of public funds. Procedures for Adopting, Amending, or Repealing a City Charter Article XI, Section 3 of the California Constitution governs the procedure for the adoption, revision, amendment and repeal of city charters. Either the city council or a charter commission established by the voters of a city may propose a charter. A charter cannot become effective unless adopted by a majority vote of the city's electors voting on the question. If the charter is proposed by the city council, there is no need to establish a separate charter commission. The city council may directly place the proposed charter on the ballot at a general or a special election. If the charter is proposed by the voters rather that the city council, the procedure Is more cumbersome because two elections are required. The first election would establish a charter commission; the second election would propose the actual charter. Memorandum • Charter City Concepts March 18,2003 4 • An existing charter may be amended or repealed only by a majority vote of the city's voting electorate. A measure to amend or repeal a charter may be placed on the ballot by the city council or upon a petition signed by at least fifteen percent (15%) of the registered voters. The procedures established by state statute regarding the adoption, amendment, revision or repeal of a city charter pre-empt any conflicting provisions in a city charter. Summary Based upon the general discussion set forth above, below is a summary of the potential advantages and disadvantages of becoming a charter city. Advantages of Charter City Status 1. The city, through its city council, would be able to exercise greater local control over municipal affairs. 2. A charter city's ability to charge different fees or compensation that are provided by State law, coupled with the constitutional authority to regulate the granting of franchises, offers substantial advantages to a charter city. • 3. Public Works contracting procedures could be made more flexible, as could procedures with respect to revenue bond financing. 4. As to municipal elections, the city council could prescribe longer or shorter filing periods, longer or shorter notices of elections, different nominating procedures, different terms of office, district elections, different procedures for voting by mail or other election procedures. 5. Initiative, referendum and recall provisions could be different as to the number of signatures required, requirements as to notice, and other procedures, including election procedures. 6. Ordinance adoption procedures could be modified, such as reading by title, period of time between first and second readings, and whether two readings should be held or whether one is sufficient. A city charter can override any statutory limitations placed upon the levy of a business tax and provides a city more choice regarding property transfer taxes. 7. Financial support could be given to worthwhile organizations or projects affecting the public interest without the restriction of the prohibition against gifts of public funds. • Memorandum Charter City Concepts March 18,2003 5 Disadvantages of Becominga Charter City • Although there are no actual legal disadvantages to the adoption of a charter, the following practical factors should be taken into account: 1. The consumption of the time and effort required to formulate a charter and hold the required election. 2. The professional expense in drafting the charter, and the election expense in voting on the charter. 3. The transition from many years of operation under"general law" status to"charter city" status will require some adjustment and change. 4. Uncertainty that may arise on occasion as to whether a specific matter is one of municipal concern governed by the charter, or of statewide concern, governed by a statute. This could give rise to a legal test if an issue should arise in an undefined area where charter and general law may differ. 5. The fact that the city would not have the immediate benefit of new state legislation on matters of municipal concern unless action is taken by the city council to adopt it. Appendix • Attached is a list of each of California's charter cities. • 6 ITEM NUMBER: D e 2 DATE: 05/27/2003 1913 Atascadero City Council City Attorney Report Consideration and Adoption of Resolution Establishing Development Impact Fees; Consideration and Adoption on Second Reading, by Title Only, of Ordinance Establishing Procedures for Development Impact Fees RECOMMENDATION: Council: • 1. Adopt, on second reading by title only, the draft Ordinance amending and restating the Atascadero Municipal Code in regards to development impact fees; and, 2. Adopt the draft Resolution establishing a schedule of development impact fees. DISCUSSION: Background: These issues were first addressed by the City Council at its strategic planning sessions more than a year ago. Staff was directed to contract for a study of service and development impact fees in the City of Atascadero. All required public hearings were held. In fact, the City conducted more public hearings than required. At the Council meeting of April 22, 2003, after hearing public testimony as well, the Council made amendments to and then introduced for first reading by title only the attached Ordinance regarding development impact fees. At the City Council meeting of May 13, 2003 the matter was not adopted on second reading. An ordinance must have two readings to be passed. This Ordinance has been introduced on first reading. There is no requirement that the second reading take place at the next immediate meeting of the City Council. Therefore, the Council is free to adopt this Ordinance on second reading if it chooses to do so. If any changes to the Ordinance are made at this meeting, that will constitute a "first reading." If no changes are made, the Ordinance may be adopted at this meeting. The Ordinance will then be published, and it will be effective 60 days after its passage. Normally ordinances are effective 30 days after passage. The Ordinance as drafted does not have to be changed to reflect these facts. 08 ITEM NUMBER: D -2 DATE: 05/27/2003 The Ordinance contemplates that the actual fees will be set by resolution. Development impact fees may legally be set by resolution. AB 1600 does provide that the fees, • though set,by resolution, do not become effective for 60 days. If adopted tonight, the fees set by the resolutions placed before you will go into effect on July 26, 2003. Unlike ordinances, resolutions do not have to have two readings. Therefore, the resolution may be changed tonight if the City Council desires and it will still go into effect on July 26, 2003. If the City Council wants to discuss the effective date of the development impact fees for non-residential projects, they may legally do so. However, the Ordinance introduced for first reading specifies March of 2004 as the effective date for those fees. Any change of the effective date of those fees requires an amendment to the impact fee Ordinance. This means any change creates a new first reading and could postpone the effective date of the fees overall. One further issue should be discussed. There has been some thought given to graduating the fees based upon the size of the residence. The City Attorney has conducted _research into this issue. On the one hand, there is case law that has approved graduated fees in water and sewer bills as not being a violation of the equal protection clause in the 14th amendment. It might be argued that there are likewise sound public policy reasons for graduating these fees. However, water and sewer fees are not governed by AB 1600 or by the Nollan and Tolan cases. The City Attorney recently attended a land use law conference in Pacific Grove given by Dan Curtin and • Cecily Talbott, the authors of the Solano Press publication on Land Use Law in the State of California. While there is no case yet directly on point, the City Attorney's office is concerned that so scheduling the fees in a way that is different than the study methodology supports could lend weight to any lawsuit brought to challenge the adoption of the impact fees. FISCAL IMPACT: There are no new fiscal impacts that have not already been identified. ALTERNATIVES: The City Council has all of the alternatives discussed above. The resolution establishing the development impact fees may be changed. The ordinance may be amended and introduced as amended for a new first reading. ATTACHMENTS: Draft Ordinance Draft Resolution 087 i • DRAFT ORDINANCE AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING AND RESTATING THE ATASCADERO MUNICIPAL CODE IN REGARDS TO DEVELOPMENT IMPACT FEES WHEREAS, residential, both single and multi-family, commercial, industrial, and other non-residential development in the City of Atascadero requires substantial public facilities and capital improvements pursuant to the City's General Plan, Capital Improvement Plan, and other similar policies; and WHEREAS, the cost of these public improvements are constantly escalating and funding resources for public facilities and capital improvements are diminished in terms of availability and control; and WHEREAS, the City Council has found that due to the increase in population in Atascadero, services in the area of drainage, traffic control, bridges, roads, parks, police, fire, administration and other public buildings and grounds, require improvement, not only to preserve services at their current level but to meet the needs of the public health, • safety, and welfare; and WHEREAS, a mechanism is necessary to provide a predictable and equitable funding method for requiring new development to cover the costs of future public facilities and capital improvements attributable to that new development; and WHEREAS, the City of Atascadero as a general law city in the State of California has the power to impose valid regulatory fees pursuant to Government Code §66000 et seq.; and WHEREAS, all public hearing notices, and public reports have been provided as required by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS: SECTION ONE: Article 3 Chapter 14 of the Atascadero Municipal Code is amended and restated, in its entirety, as follows: Section 3-14.01: TITLE: • This Chapter shall be known and may be cited as the "Development Impact Fee Ordinance." Section 3-14.02: SCOPE AND PURPOSE: • The purpose of this Ordinance is to provide a predictable and equitable funding method of requiring new development to pay for the costs of future capital improvements, which will benefit such development. Thus, new development will be required to cover the cost of anticipated future public facilities and capital improvements so that the impact of new growth will be borne equitably by the new development. Section 3-14.03 DEFINITIONS: The following terms shall have the following meanings when used in this chapter. (a) 'Building" means any structure having a roof supported by columns and/or walls and intended for shelter, housing, and/or enclosure of any person, animal or chattel, but not including tents or mobile homes. (b) 'Building permit" means a building permit for residential, nonresidential, or mobile home site development applied for to the Community Development Department of Atascadero on or after the effective date of the ordinance codified in this chapter. (c) "Construct" or "construction," as used in this chapter, means the putting together, assembling, erection or altering of construction materials, components, or modules into a structure, or portion of a structure, and includes restructuring, enlarging or altering any structure. "Construct" also includes the moving from outside the City and locating of a building, or portion thereof, onto a lot or parcel of land, and also includes the improvement of land as a mobile home lot. (d) "Dwelling unit" means an independent, attached or detached residential building designed to house and provide living space including kitchen and bathroom facilities, for • an individual family. (e) "Gross building area" means the total floor area of each floor of all buildings subject to this chapter, including internal circulation, storage and equipment space, as measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies. (f) "Mobile home" means a vehicle without self-propulsion designed and equipped as a dwelling unit to be used with a foundation. (g) "Mobile home lot," as used in this chapter, means any area or portion of a lot designated, designed, or used for the occupancy of one (1) mobile home on a permanent basis. (h) "Nonresidential" includes all uses of land other than residential including agricultural, communication, cultural, educational, recreation,manufacturing, processing, resource extraction, retail trade, services, transient lodging, transportation and wholesale trade uses. (i) 'Person" includes any individual, firm, co-partnership, corporation, company, association,joint stock association, city, county, state or district: and includes any trustee, receiver, assignee, or other similar representatives thereof. 0) "Structure," as used in this chapter, means any artifact constructed or erected, the use of which requires attachment to the ground, including any building, but not including fences or walls six(6) feet or less in height. • 089 • an As use in this chapter, the terms "residential," "commercial," "office," "industrial," "hotel," "motel' d "quasi-public" have the same meanings as are defined in the General Plan and Zoning Ordinance of this City, as well as administrative interpretations thereof. Section 3-14.04 LIMITATIONS ON USE: Fees from residential and nonresidential development may be used for all types of capital improvements. Section 3-14.05 EXCEPTIONS: There is excepted from the fee imposed by this chapter the following: (a) The construction of a building or structure or mobile home which is a replacement for a building or mobile home being demolished or moved to outside the City from the same lot or parcel of land. The exception shall equal but not exceed the fee which would be payable hereunder if the building or mobile home being replaced was being newly constructed. If the fee imposed on the new building exceeds the amount of this exception, such excess shall be paid; (b) Accessory buildings or structures in planned developments, multifamily or mobile home parks, such as a clubhouse, swimming pool, or laundry facility; (c) Buildings or structures which are "clearly accessory to a principal use" such as fences, pools, patios, parking spaces, garages, residential accessory buildings (except guest houses, and second residential units) and agricultural accessory buildings as outlined in Title 9; (d) Any person when imposition of such tax upon that person would be in violation of the Constitution and the laws of the State of California, County of San Luis Obispo, or City of Atascadero; (e) A condominium project converting an existing multifamily building into condominiums where no new dwellings are added or created; (f) Any rebuilding of a structure destroyed or damaged by fire, explosion, act of God or other accident or catastrophe, which rebuilding does not increase the original gross building area. If such increase does occur, the increase shall be subject to the fee as imposed by this chapter; (g) Any restoration/reconstruction of a historical building recognized, acknowledged, and designated as such by the City Planning Commission or City Council; (h) The construction of any building by the City of Atascadero, or the United States or any Department or Agency thereof, or by the State of California or any Department, Agency or Political Subdivision thereof, or any residential development where the City Council finds there are specific over-riding fiscal, economic, social or environmental factors benefiting the City which, in the sole judgment of the City Council, would justify the approval of such development without the payment of said development impact fee. Section 3-14.6: STANDARDS FOR FEES: Any fees imposed pursuant to this Chapter shall bear a reasonable relationship to • the costs associated with the capital improvements which need is generated by such 090 development, and shall be supported by a public report in conformance with Government • Code §66016(a). Section 3-14.7: ISSUANCE OF REGULATIONS AND SETTING OF FEES: The City Council shall from time to time by resolution, issue regulations and set fees for the administration of this Chapter. Any regulations adopted pursuant to this code shall require the payment of any impact fees due shall be paid upon final inspection of the property and before occupancy. Section 3-14.8: ALTERNATIVE PAYMENT: The amount of the payment of a Development Impact Fee and the timing thereof, can only be altered pursuant to an agreement approved by the City Council of Atascadero. Section 3-14.09: CONSTRUCTION PROHIBITED: It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, make, put together or convert any building or structure in the City, or attempt to do so, or cause the same to be done, without first paying the fee imposed by this Chapter. Section 3-14.10: EFFECTIVE DATE: The fees imposed by this Chapter shall be applicable with respect to building permits for construction activities applied for on or after the effective date of this ordinance, or on July 1, 2003, whichever date is the later, except that all such fees for non residential construction activities shall be applicable beginning March 1, 2004. SECTION TWO: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of Atascadero hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. 091 • The foregoing Ordinance was approved and adopted at a meeting of the City Council held on , 2003, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO ATTEST: Marcia McClure Torgerson, City Clerk Jerry L. Clay, Sr., Mayor • APPROVED AS TO FORM: Roy A. Hanley, City Attorney 092 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ESTABLISHING A SCHEDULE OF DEVELOPMENT IMPACT FEES WHEREAS, the City of Atascadero has conducted an extensive and exhaustive analysis of its services, the costs reasonably borne of providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services, and an extensive and exhaustive analysis of its current facilities, infrastructure,recreation, and the requirements that will have to be met to ensure that present ability and standards of service are not reduced by the costs of new residential and non residential development;and, WHEREAS, the City wishes to comply with both the letter and the spirit of Article XIIIB of the California Constitution and limit the growth of taxes; and, WHEREAS,the City desires to establish a policy of having new development pay the impacts to the City and its residents created by that new development; and, WHEREAS,heretofore the Cit Council will be adopting an Ordinance establishing • Y P its policy as to the recovery of costs of such impacts and directing staff as to the methodology for implementing said Ordinance; and, WHEREAS,pursuant to Government Code Section 54994.1,the specific fees to be charged for development impacts may be adopted by the City Council by Resolution, after providing notice and holding a public hearing; and, WHEREAS,notice of public hearing has been provided per California Government Code,oral and written presentations made and received, and the required public hearing held; and, WHEREAS, a schedule of fees and charges to be paid by those requesting such special services need be adopted so that the City might carry into effect its policies; and, WHEREAS, it is the intention of the City Council to develop a revised schedule of fees and charges based on the City's budgeted and projected costs reasonably borne for the Fiscal Year beginning July 1, 2001; and, . WHEREAS, pursuant to California Government Code Section,6062(a) a general explanation of the hereinafter contained schedule of fees and charges has been published as required; and, 093 • WHEREAS, all requirements of California Government Code are hereby found to have been complied with; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Fee Schedule Adoption The following schedule of development impact fees and charges are hereby directed to be computed by and applied by the various City departments, and to be collected by the City Planning and Community Development Department. Section 2. Defining and Timing of Fee Schedule. Definitions regarding and the timing of the implementation of the hereinafter enumerated fee schedules shall be as stipulated in the Atascadero Municipal Code Chapter 3-14. Section 3. Listini;of Fees. The following fees shall be charged and collected for the following impacts of development: See Exhibit A Section 4. Interpretations. This Resolution maybe interpreted by the City department heads in consultation with the City Manager. A. It is the intention of the Cit Council to review the fees and charges as determined Y g and set out herein based on the City's.next Annual Budget and all the City's costs reasonably borne as established at that time and, as and if warranted, to revise such fees and charges based thereon. Section 5. Constitutionality. If any portion of this Resolution is declared invalid or unconstitutional then it is the intention of the City Council to have passed the entire Resolution and all its component parts, and all other sections of this Resolution shall remain in full force and effect. Section 6. Repealer. All resolutions and other actions of the City Council in conflict with the contents of this Resolution are hereby repealed. Section 7. Effective Date. This Resolution shall go into full force and effect immediately, but shall be subject to the terms and conditions of Atascadero Municipal Code Chapter 3-14, and State Law. • 094 PASSED, APPROVED, AND ADOPTED this 13'h day of May 2003. Jerry L. Clay, Sr., Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A. 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