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HomeMy WebLinkAboutAgenda Packet 06/27/2006 pip' p ■ i irisp is azaz CITY OF A TASCADERO \ � CITY COUNCIL AGENDA Tuesday, June 27, 2006 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION: 2. CALL TO ORDER a. Conference with legal counsel - anticipated litigation Significant exposure to litigation pursuant to subdivision (b) of Section 54596.9: One Case 3. ADJOURN: 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Pacas 1 ROLL CALL: Mayor O'Malley Mayor Pro Tem Pacas Council Member Clay Council Member Luna Council Member (Vacant) 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 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 COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) 1. A possible measure on the November ballot regarding the commercial development of the southeast corner of Del Rio and EI Camino Real - Council Member Pacas A. CONSENT CALENDAR:, (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Meeting Minutes - May 23, 2006 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of May 23, 2006. [City Clerk] 2. City Council Special Joint Study Session Meeting Minutes— May 30, 2006 ■ City Clerk Recommendation: Council approve the City Council Special Joint Study Session meeting minutes of May 30, 2006. [City Clerk] 2 3. 2006-2007 Annual Overlay Program / Curbaril Avenue Paving Project (City Bid No. 2006-003) ■ Fiscal Impact: $112,770 from Local Transportation Funds (06/07 Road Rehabilitation Projects) and $393,000 from Urban SHA Funds 2004/05 & 2005/06. ■ Recommendations: Council: 1. Authorize the City Manager to execute agreement with R. Burke Construction for $409,766.00 for construction of the 2006-2007 Annual Overlay Program — Curbaril Avenue Paving Project; and, 2. Authorize the Administrative Services Director to allocate $393,000.00 in Urban State Highway Account funds (SHA) toward the Curbaril Avenue Paving Project. [Public Works] 4. Wastewater Treatment Plant Sludge Drying Bed Expansion Project (City Bid No. 2006-008) ■ Fiscal Impact: $500,000 from budgeted Wastewater Funds and $164,000 from Wastewater Reserves. Total project expenditures of$664,000. ■ Recommendations: Council: 1. Authorize the City Manager to execute agreement with Raminha Construction Inc. for $577,000.00 for construction of the Wastewater Treatment Plant Sludge Drying Bed Expansion Project; and, 2. Authorize the Administrative Services Director to appropriate $164,000.00 from the Wastewater Fund reserves. [Public Works] 5. Police Vehicle Purchase ■ Fiscal Impact: $68,076.35 including sales tax, shipping fees, mandatory California tire fee, and $500/unit discount for payment within twenty (20) days of receipt of invoice. Funds are provided in the 2006/2007 City budget. ■ Recommendation: Council authorize the purchase of three (3) replacement police vehicles from Downtown Ford Sales in Sacramento, California. [Police] B. PUBLIC HEARINGS: 1. Motorcycle and Noise Ordinance Amendments / ZCH 2006-0116 (City of Atascadero) ■ Fiscal Impact: None. ■ Recommendations: Planning Commission recommends Council: 1. Introduce for first reading, by title only, Draft Ordinance A, approving Zone Change 2006-0116 Part A amending the noise ordinance pertaining to cost recovery; and, 2. Introduce for first reading, by title only, Draft Ordinance B, approving Zone Change 2006-0116 Part B amending the zoning ordinance to repeal motorcycle riding as an accessory residential use. [Police] 3 2. Placing Sewer Service Charges on the 2006-2007 Property Tax Rolls ■ Fiscal Impact: The City will bill $1,622,651 in sanitation service charges for Fiscal Year 2006-07. • Recommendation: Council adopt the Draft Resolution placing sewer service charges on the 2006-2007 property tax rolls. [Public Works] 3. Community Facilities District 2005-1 Annexation Nos. 2 (Morro Road), 3 (Tecorida), 4 (West Front), 5 (Dove Creek), and 6 (Vintage Homes) • Description: Adoption of these Resolutions is part of the final necessary steps for the establishment of Annexation Nos. 2, 3, 4, 5, and 6 (the Annexations) to fund new police, fire, and park services for these developments. ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Conduct the Public Hearings on each proposed Annexation, and direct the City Clerk to collect and count the ballots. Council to recess until ballots are counted. 2. Adopt Draft Resolution A, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005-1 (Public Services), Annexation No. 2 (Morro Road); and, 3. Adopt Draft Resolution B, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005-1 (Public Services), Annexation No. 3 (Tecorida); and, 4. Adopt Draft Resolution C, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005-1 (Public Services), Annexation No. 4 (West Front); and, 5. Adopt Draft Resolution D, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005-1 (Public Services), Annexation No. 5 (Dove Creek); and, 6. Adopt Draft Resolution E, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005-1 (Public Services), Annexation No. 6 (Vintage Homes). [Community Development] C. MANAGEMENT REPORTS: 1. City Council Strategic Initiative — Improve the City's Financial Condition — Consideration of Sales Tax Increase ■ Fiscal Impact: The total cost of placing the measures on the ballot is estimated to be approximately $3,000, which would need to be appropriated from the General Fund balance. ■ Recommendations: Council: 1. Review and approve the Draft Sales Tax Ordinance language; and, 2. Submit to the voters a sales tax ballot measure and advisory measures. [Administrative Services] 4 2. General Municipal Election November 7, 2006 ■ Description: The City Council must -adopt resolutions to initiate the election process, to combine our election with the County, to call a special election to fill the position vacated by Council Member Scalise, and to submit to the voters a sales tax ballot measure and advisory measures. ■ Fiscal Impact: The General Municipal Election is estimated to cost approximately $20,000.00. The addition of the third Council Member on the ballot is minimal. However, the addition of the ballot measure, and advisory measure(s), is approximately$3,000.00. ■ Recommendations: A. Council adopt the following Resolutions for the purpose of electing three members to the City Council, a City Clerk, and a City Treasurer: 1. Draft Resolution A, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 2006; and, 2. Draft Resolution B, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 7, 2006; and, 3. Draft Resolution C, calling and giving notice of the holding of a Special Municipal Election to beheld on Tuesday, November 7, 2006; and, 4. Draft Resolution D, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a Special Municipal Election to be held on November 7, 2006. B. Council adopt the following Resolutions for the purpose of electing three members to the City Council, a City Clerk, and a City Treasurer; and to submit to the voters a sales tax ballot measure and advisory measures: 1. Draft Resolution C, calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, November 7, 2006; and, 2. Draft Resolution D, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a Special Municipal Election to be held on November 7, 2006; and, 3. Draft Resolution E, calling and giving notice of the holding of a General Municipal Election to beheld on Tuesday, November 7, 2006; and, 4. Draft Resolution F, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 7, 2006; and, 5. Draft Resolution G, setting priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis; and, 6. Draft Resolution H, providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections._[City Clerk] 5 C. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O'Malley 1. County Mayor's Round Table 2. Finance Committee 3. Air Pollution Control District (APCD) 4. Economic Vitality Corporation, Board of Directors (EVC) 5. League of California Cities — Grassroots Network 6. City / Schools Committee 7. Economic Opportunity Commission (EOC) 8. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) Mayor Pro Tem Pacas 1.. Integrated Waste Management Authority (IWMA) 2. City/ Schools Committee 3. Atascadero Youth Task Force Council Member Clay 1. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 2. Nacimiento Water Purveyors Contract Technical Advisory Group 3. North County Water Purveyors Group Council Member Luna 1. Finance Committee Council Member (Vacant) 1. Atascadero State Hospital Advisory Board 2. Local Agency Formation Commissions (LAFCO) D. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager 6 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, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the June 27, 2006 Regular Session of the Atascadero City Council was posted on June 21, 2006 at the Atascadero City Hall, 6907 El Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 21stday of June, 2006 at Atascadero, California. Marcia McClure Torgerson, C.M.C., City Cler City of Atascadero City of Atascadero WELCOME TO THE'ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the 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 documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON 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 0 • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present • 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. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the 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 All business 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. 8 ITEM NUMBER: A- 1 DATE: 06/27/06 . . CITY OFAT SCADEROA CITY COUNCIL DRAFT MINUTES Tuesday, May 23, 2006 7:00 P.M. CLOSED SESSION: 7:00 P.M. (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT- CLOSED SESSION: None 2. CALL TO ORDER a. Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: Mr. Kelly Gearhart, 5955 Entrada Ave. Negotiations will include price and/or terms of payment. b. Conference with Legal Counsel - Existing Litigation (Government Code sections 54956.9, subdivision (a).) Case name unspecified as disclosure would jeopardize existing settlement negotiations (Government Code section 54954.5, subdivision (c).) 3. ADJOURN: 7:10 p.m. 4. CLOSED SESSION REPORT City Attorney Patrick Enright announced that no reportable action was taken on either item. REGULAR SESSION: 7:00 P.M. Mayor O'Malley called the meeting to order at 7:16 p.m. and Council Member Scalise led the Pledge of Allegiance. CC Draft Minutes 0523/06 Page 1 of 15 9 ROLL CALL: Present: Council Members Clay, Luna, Scalise, Pacas and Mayor O'Malley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Community Development Director Warren Frace, Community Services Director Brady Cherry, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public Woks Director Geoff English and City Attorney Patrick Enright. COMMUNITY FORUM: Rick Comstock, Atascadero Ministerial Association, led those present in prayer. David Broadwater spoke about the information he has received from the city regarding their communications with the Rottman Group, and distributed a handout to Council regarding his concerns. (Exhibit A) Tom Colmeyer requested Council direct staff to initiate zoning code amendments for Targe scale retail and discount stores and explained his reasons for the request. Daphne Fahsing spoke about the lack of public notice regarding a survey recently sent to the public but not to post office box holders. Ann Ketcherside stated the City should be taking care of the weeds along Ensenada by the creek. Walter Riel stated he represent 60 people living along Navarette, Alta Vista and Linda Vista, who oppose the cluster home development in that area. Mr. Real also expressed his concerns about night time lighting in Atascadero. Mayor O'Malley stated he had met with Mr. Riel's neighbors and discussed the Brown Act with them. Jono Kincaid spoke in support of the US Mayors Climate Protection Agreement and of his efforts to personally contribute to the safety and protection of the environment. Brandon Istenes spoke in support of Mayor O'Malley signing on to the US Mayors Climate Protection Agreement. CC Draft Minutes 05/23106 Page 2 of 15 10 Eric Greening stated he supported the previous two speakers, and expressed disappointment that there was no agenda item regarding the concerns raised earlier by Mr. Broadwater and urged that a written staff report on the subject be agendized. John Heatherington asked if city staff has been pursuing Wal Mart for the last three years and if they are now trying to evade public scrutiny of their actions. James Istenes stated his disappointment that there was no action tonight regarding the issues raised earlier by Mr. Broadwater. Terry Sue Rosen spoke of the importance of keeping the downtown vital and not impacting it by having a Wal Mart in town. Marilyn Brown urged Council to sign on to the US Mayors Climate Protection Agreement. Bill Benham spoke about people parking in a marked no parking zone on Viejo Camino due to activities at Paloma Creek Park. He had notified the Police Department and was advised to bring the issue before the City Council. Mayor O'Malley closed the Community Forum period. Mayor O'Malley read from his email to David Broadwater. City Attorney Patrick Enright clarified the Brown Act issues in question. City Manager Wade McKinney reported on the city's interaction with the Annex project. Community Development Director Warren Frace described the process for the public workshop scheduled for May 30th MOTION: By Council Member Luna to request staff to agendize discussing a which would be a bi square foot ordinance, g box ordinance. Motion failed for lack of a second. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Scalise to approve the agenda. Motion passed 5:0 by a roll-call vote. CC Draft Minutes 05/23/06 Page 3 of 15 COUNCIL ANNOUNCEMENTS AND REPORTS: i Council Member Clay stated he is bothered by the conspiracy theory put forth during the Community Forum period, and explained that Council has directed staff to pursue commercial retail for the sales tax base. Council Member Luna referred to the survey received by the public and questioned the percentage of every dollar of property tax the city receives. Administrative Services Director Rachelle Rickard explained how the percentage is determined. PRESENTATIONS: y. 1. Proclamation declaring May 21 - 27, 2006 as "National Public Works Week." Council Member Scalise read from the proclamation and presented it to Public Works Director Steve Kahn who presented Council with a bumper sticker. 2. Presentation by the San Luis Obispo County Visitors and Conference Bureau on the Tourism Business Improvement District Proposal. Joni Biaggini gave a PowerPoint presentation on the proposal and answered questions of Council. (Exhibit B) A. CONSENT CALENDAR: �I 1. City Council Meeting Minutes — April 25, 2006 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of April 25, 2006. [City Clerk] 2. Telecommunications Services.and Vital City Interests • Description: Request from the League of California Cities that the City Council adopt a resolution in support of the League's Telecom Policy & Principles. ■ Fiscal Impact: None. ■ Recommendation: Council adopt the Draft Resolution adopting principles for C9 g Congress and the State Legislature to consider in their debate over a new telecommunications regulatory framework. [City Manager] 3. Temporary Road Closure/Old Morro Road ■ Fiscal Impact: None. ■ Recommendation: Council approve the request from R. Burke Construction for the temporary intermittent closure of portions of Old Morro Road from May 31St through June 2"d, 2006. [Public Works] CC Draft Minutes 05/23/06 Page 4 of 15 12 4. Temporary Road Closure/Atascadero Wine Festival ■ Fiscal Impact: $160.00 for the installation of Road Closed signs by Public Works Staff. ■ Recommendation: Council approve the temporary closure of Palma Avenue, from East Mall to West Mall, and East Mall, from EI Camino Real to Palma, for the Annual Atascadero Wine Festival Winemaker's Dinner. [Public Works] 5. Temporary Road Closure/ Calvary Chapel of Atascadero ■ Fiscal Impact: $160.00 for the installation of Road Closed signs by Public Works staff. ■ Recommendation: Council approve the temporary closure of Palma Avenue, from East Mall to West Mall, during the All City Prayer Meeting by Calvary Chapel on June 11, 2006 from 3:00 — 9:00 p.m. [Public Works] 6. Weed Abatement Award (City Bid No. 2006-007) ■ 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. ■ Recommendation: Council authorize the City Manager to execute the contract with Jack R. Bridwell for weed abatement. [Fire] Items pulled: Council Member O'Malley, Item#A-6, MOTION: By Council Member Luna and seconded by Council Member Clay to approve Items #A-1, 2, 3, 4 and 5. Motion passed 5:0 by a roll-call vote. (O'Malley abstained on Item #A-5) (Item #A-2 Resolution No. 2006-048) Item #A-6: Mayor O'Malley opened public comment for this item. PUBLIC COMMENT Gretchen Gray explained the financial difficulty of complying with the city's requirement for weed abatement,and suggested requiring structure protection only and making any additional abatement a recommendation. She also recommended placing a ceiling on what low income seniors would be required to spend on weed abatement. City Manager McKinney stated the city has tried to keep weed abatement down to a minimum to protect property and preserve the environment. He said staff can report back on what the concerns are, what the issues are and what the industry looks like. Nick Miller spoke about weed abatement and the difficulties of doing it on a large property, and agreed with the concept of placing a ceiling on the fine and fees. CC Draft Minutes 05P23/06 Page 5 of 15 13 Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Scalise and seconded by Council Member Luna to.approve Item #A-6. Motion passed 5:0 by a roll-call vote. (Contact No. 2006-024) Mayor O'Malley signed a letter regarding the city's support for the US Mayors Climate Protection Agreement and presented a copy to Jono Kincaid. B. PUBLIC HEARINGS: 1. Apple Valley Assessment Districts ■ Description: Annual approval of assessments for 2006/2007. • Fiscal Impact: There is no fiscal impact to general residents within the City. • Recommendations: Council: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto for fiscal year 2006/2007; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2006/2007 for Street and Storm Drain Maintenance District No. 01 —Apple Valley; and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto in fiscal year 2006/2007; and, .< 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2006/2007 for Landscaping and Lighting District No. 01 -Apple Valley. [Administrative Services] Mayor O'Malley announced that the staff reports for all three assessment districts will be heard together. Administrative Services Director Rachelle Rickard gave the staff report. PUBLIC COMMENT None MOTION: By Council Member Scalise and seconded by Council Member Clay to adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 01 Apple Valley, and the levy and CC Draft Minutes 05/23/06 Page 6 of 15 14 collection of annual assessments related thereto for fiscal year 2006/2007; and, adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2006/2007 for Street and Storm Drain Maintenance District No. 01 Apple Valley; and, adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 01 — Apple Valley, and the levy and collection of annual assessments related thereto in fiscal year 2006/2007; and, adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2006/2007 for Landscaping and Lighting District No. 01 — Apple Valley. Motion passed 5:0 by a roll-call vote. (Resolution Nos. 2006- 049, 2006-050, 2006-051, 2006-052) 2. De Anza Estates Assessment Districts ■ Description: Annual approval of assessments for 2006/2007. ■. Fiscal Impact: There is no fiscal impact to general residents within the City. ■ Recommendations: Council: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 03 — De Anza Estates, and the levy and collection of annual assessments related thereto for fiscal year 2006/2007; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2006/2007 for Street and Storm Drain Maintenance District No. 03 — De Anza Estates; and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 03 — De Anza Estates, and the levy and collection of annual assessments related thereto in fiscal year 2006/2007; and, 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2006/2007 for Landscaping and Lighting District No. 03 — De Anza Estates. [Administrative Services] MOTION: By Council Member Scalise and seconded by Council Member Clay to adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 03 — De Anza Estates, and the levy and collection of annual assessments related thereto for fiscal year 2006/2007; and, adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2006/2007 for Street and Storm Drain Maintenance District No. 03 — De Anza Estates; and, adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 03 — De Anza Estates, and the levy and CC Draft Minutes 05123/06 Page 7 of 15 15 collection of annual assessments related thereto in fiscal year 2006/2007; and, adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2006/2007 for Landscaping and Lighting District No. 03 - De Anza Estates. Motion passed 5:0 by a roll-call vote. (Resolution Nos. 2006- 053, 2006-054, 2006-055, 2006-056) 3. Las Lomas (Woodridge) Assessment Districts ■ Description: Annual approval of assessments for 2006/2007. ■ Fiscal Impact: There is no fiscal impact to general residents within the City. ■ Recommendations: 1. Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 02 - Las Lomas (Woodridge), and the levy and collection of annual assessments related thereto for fiscal year 2006/2007; and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2006/2007 for Street and Storm Drain Maintenance District No. 02 - Las Lomas (Woodridge); and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 02 - Las Lomas (Woodridge), and the levy and collection of annual assessments related thereto in fiscal year 2006/2007; and, - 0 4. Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2006/2007 for Landscaping and Lighting District No. 02 - Las Lomas (Woodridge). [Administrative Services] MOTION: By Council Member Scalise and seconded by Council Member Clay to Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 02 - Las Lomas (Woodridge), and the levy and collection of annual assessments related thereto for fiscal year 2006/2007; and, adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2006/2007 for Street and Storm Drain Maintenance District No. 02 - Las Lomas (Woodridge); and, adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. 02 - Las Lomas (Woodridge), and the levy and collection of annual assessments related thereto in fiscal year 2006/2007; and, adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2006/2007 for Landscaping and Lighting District No. 02- Las Lomas (Woodridge). Motion passed 5:0 by a roll-call vote. (Resolution Nos. 2006- 057, 2006-058, 2006-059, 2006-060) CC Draft Minutes 05/23/06 Page 8 of 15 16 C. MANAGEMENT REPORTS: 1. City Council Strategic Initiative — Improve the City's Financial Condition — Consideration of Sales Tax Increase Fiscal Impact: The proposed sales tax measure would generate an estimated $1.4 million in additional annual revenue. The total cost of placing the measures on the ballot is estimated to be approximately $10,000, which would need to be appropriated from the General Fund balance. ■ Recommendation: Council direct staff to prepare a resolution and ordinance for City Council consideration at the June 13, 2006 meeting to place a '/z cent local sales tax override measure on the November 2006 ballot. The sales tax measure shall include language creating a ten-year sunset provision and a citizen oversight committee. [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council PUBLIC COMMENT Eric Greening suggested changing the wording for the expenditure of this increase from roads to transportation and making it multi-modal. Ann Ketcherside suggested saving the money it will cost to put this on the ballot and commit to no more taxes. Daphne Fahsing commented on the lack of public notice for this meeting and spoke about the difficulty of this tax increase on the older population. Lindsey Hampton commented that it would be a waste of the $10,000 needed to place this issue on the ballot as it may fail. Ursula Luna expressed concern that even with an advisory committee the Council will be the final deciding body, and stated if the increase is to go toward the roads it must be specified on the ballot. Bob Kelley commented that there is a road crisis in Atascadero and he would be in favor of a tax increase if the City Council allocated 95% to go towards needed causes in town, including the Police and Fire Departments, but not toward bureaucracy. David Jones spoke against raising the sales tax, which he stated is contrary to the interest of the majority of the residents of Atascadero. CC Draft Minutes 05/23/06 Page 9 of 15 17 Casey Bryson, Atascadero Firefighters Association, spoke of the need for economic development and a sales tax increase or essential police and fire services would have to be cut. He urged Council to allow the voters to decide if they want this tax increase. Don Geissinger asked Council to consider directing the money from the tax increase into roads and including the sunset clause. Cindy Sazar stated her agreement with the comments of those who spoke against the sales tax increase. Mayor O'Malley closed the Public Comment period. Staff addressed issues raised during the Public Comment period. MOTION: By Mayor Pro Tem Pacas and seconded by Mayor O'Malley to direct staff to prepare a resolution and ordinance for City Council consideration at the June 13, 2006 meeting to place a 1/4 or 1/2 cent local sales tax override measure on the November 2006 ballot. The sales tax measure shall include language creating a 5 or 6 year sunset provision and a citizen oversight committee. Staff is to return with an advisory measure for the November 2006 ballot that will designate the tax increase to be used for roads. Motion passed 4:1 by a roll-call vote. (Luna opposed) Mayor O'Malley recessed the hearing at 10:05 p.m. Mayor O'Malley called the meeting back to order at 10:16 p.m. 2. City/Schools Joint Facilities Meetings ■ Fiscal Impact: Staff time to facilitate the lease and assist in the planning. ■ Recommendations: Council: 1. Direct staff to facilitate a lease agreement between Atascadero Unified School District and Atascadero Youth Football League for the development of athletic fields adjacent to San Benito School; and, 2. Direct staff to consult with the League to assist with park planning. [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions of Council. PUBLIC COMMENT Ann Ketcherside asked where the chicken hutches used to be and asked if something has been done about cleaning that area up. CC Draft Minutes 05/23/06 Page 10 of 15 18 Kurt Heinke, representing CCYFL, explained that they have their own insurance for every field they use and spoke in favor of the fields for Youth Football. Jerry Osorio, President AYFL, explained that with this field and the use of their snack bar they could charge the kids less to participate. Beth Lee questioned the hours the facility would be used and asked about lighting if it was used at night. Community Services Director Cherry reported that no lights are proposed for this site and there will be no evening use. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Luna and seconded by Council Member Clay to Direct staff to facilitate a lease agreement between Atascadero Unified School District and Atascadero Youth Football League for the development of athletic fields adjacent to San Benito School; and, direct staff to consult with the League to assist with park planning. Motion passed 5:0 by a roll-call vote. 01 3. Wake Board Event Request/ Atascadero Lake (Mobley s Board Shop) ■ Fiscal Impact: Up to $1,500 in park use fees, depending upon the areas reserved. ■ Recommendation: Council approve the request to hold a Wake Board Event at the Atascadero Lake July 22nd — 23rd, 2006, and waive the motor boat prohibition for the two-day event. [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions of Council PUBLIC COMMENT Nancy Koren read from a prepared statement against allowing the Wake Board event. Joe Schwartz spoke against allowing the Wake Board event, and in favor of preserving the peace and tranquility of the neighborhood and wildlife. Jim Istenes stated he enjoys the solace of the lake and is concerned with the impacts to the neighborhood and wildlife from this event and with the lack of proper notification to lake residents. CC Draft Minutes 05/23/06 Page 11 of 15 19 Eric Greening expressed concern regarding dumping of fuel into the lake from outboard motors, lack of notification to the surrounding neighborhood, and no environmental review. Daphne Fahsing spoke against violating the motorboat and noise ordinances. Susan Lara spoke against allowing the event and anything that would further negatively impact the water quality of the lake. Austin Miller, applicant, spoke in favor of the event and of its benefits to the community. Sandy Jack stated it would be unfortunate if this event were approved, as this is a passive lake heavily used on weekends. Jono Kincaid commented that using the lake beyond its current use could be a slippery slope and questioned if swimming is allowed as the wake boarders could end up in the water. Walter Riel stated his opposition to this event and against encouraging children to be involved in motorized sports. Dean Mansfield explained that the idea for this event was to allow,local kids to be involved in a sport and to give them another option for things to do in town. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Luna to deny the request. Motion failed for lack of a second. MOTION: By Council Member Luna and seconded by Council Member Clay to go past 11:00 P.M. Motion passed 4:1 by a roll-call vote. (Luna opposed) Mayor Pro Tem Pacas commented that it was unfortunate that this item wasn't better noticed and she would have a hard time supporting it. MOTION: By Council Member Scalise and seconded by Council Member Clay to approve the request to hold a Wake Board Event at the Atascadero Lake July 22nd — 23rd, 2006, and waive the motor boat prohibition for the two-day event. Motion failed 2:3 by a roll-call vote. (Luna, Pacas, O'Malley opposed) CC Draft Minutes 05/23/06 Page 12 of 15 20 Mayor O'Malley stated that the primary reason he had voted no was because of lack of notification and that he would support something like this on a once a year basis, but it must be notified and discussed. 4. Highway 101/41 Value Analysis ■ Fiscal Impact: None. ■ Recommendation: Council receive a report from Caltrans on the results of the Hwy 101/41 Interchange Value Analysis Study and recommend an alternative based on the information provided. [Public Works] Mayor O'Malley announced that if the city does not get an extension from the California Transportation Commission, it cannot go forward with any of the options. Public Works Director Steve Kahn introduced Peter Brown who made the presentation. Peter Brown, SLOCOG Transportation Planner, gave the staff report and answered questions of Council. Ron DiCarli, Executive Director of San Luis Obispo Council of Governments, explained why the time extension is needed. PUBLIC COMMENT ' would be strengthened if there is Eric Greening asked if the city's case for the extension g a clear indication of what the project is and if so then the decision should be make tonight. He also asked when the actual choice would be made. Don Geissinger suggested going with the original plan and not the two proposed alternatives. Terry Sue Rosen spoke against the use of traffic roundabouts, and encouraged Council to get the extension and use the three bridges plan. Ann Ketcherside suggested having another meeting on this and placing it at the beginning of the meeting. She also spoke against the roundabout. Mayor O'Malley closed the Public Comment period. Mayor O'Malley asked Mr. DiCarli to explain how the presentation in Sacramento will proceed. Mr. DiCarli explained they will be asking for an 18 month time extension based on a value analysis that looked at delivering the project more efficiently, and more cost effectively, but that additional time is needed to look at and work through the two major alternatives in an effort to save a significant amount of money, to bring the project in on budget, and to allow for public input. CC Draft Minutes 05/23/06 Page 13 of 15 21 MOTION: By Mayor O'Malley and seconded by Council Member Scalise to strongly support the request for a time extension, which Mayor O'Malley and staff will make when they go to Sacramento. Motion passed 5:0 by a roll-call vote. 5. Review of Park Conditions for Master Plan of Development Overlay #12 (Atascadero Avenue between Morro Road & Navaioa Road) ■ Description: Staff is requesting Council direction on how to proceed with the conditioning of this project and park. ■ Fiscal Impact: None. ■ Recommendation: Council direct staff on how to proceed with the processing and conditioning of the park feature of this proposed planned development project. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council. Ex Parte Communications ■ Council Member Clay stated he spoke with Kelly Gearhart today on the phone. ■ Mayor O'Malley stated he had numerous ex parte communications with people in this neighborhood as well as the transfer neighborhood, the applicant and designers of the project. PUBLIC COMMENT Jamie Kirk, applicant's representative, gave a presentation on the site and the process thus far. Ms. Kirk answered questions of Council. Walter Riel stated he represented 60 homeowners in the Linda Vista area and reported there is a lot of opposition to the clustered development. He indicated he likes the idea of the transfer of development credits. Marge Mackay stated she thinks it is a crime to put apartments on this lot. Sandy Jack, Parks and Recreation Commissioner, stated he is opposed to loosing any area for parks and urged Council to consider keeping the park. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Scalise and seconded by Council Member Luna to direct staff to proceed with the processing of the rezoning of the pocket park and allow the transfer of development credits from the Linda Vista project, Option No. 3, with full notification to both neighborhoods. CC Draft Minutes 05/23/06 Page 14•of 15 22 Mayor Pro Tem Pacas stated she was reluctant to move ahead without notification of both neighborhoods. In addition, the Parks and Recreation Commission have not been involved in considering how the park space would be used. Council Member Luna withdrew his second. MOTION: By Council Member Scalise and seconded by Council Member Luna to proceed with the project with a low cost park option and then cause a public process to investigate the potential for the transfer of development credits to preserve the Linda Vista hillsides and transfer the developments. Motion passed 5:0 by a roll-call vote. D. COMMITTEE & LIAISON REPORTS: None E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager reported that the Youth Center goes to bid City Manager Wade McKinney p tomorrow, and there is a meeting with Union Pacific Railroad on Friday. F. ADJOURNMENT: Mayor O'Malley adjourned the meeting at 12:11 a.m. to the next regularly scheduled meeting of the City Council on June 13, 2006. MINUTES PREPARED BY: I Grace Pucci, Deputy City Clerk The following items are available for review in the City Clerk's office: Exhibit A—David Broadwater, handout Exhibit B—Joni Biaggini, copy of PowerPoint presentation CC Draft Minutes 05/23/06 Page 15•of 15 23 ITEM NUMBER: A-2 DATE: 06/27/06 SPECIAL JOINT Tom '9 STUDY SESSION � � Atascadero City Council Atascadero Planning Commission DRAFT MINUTES Tuesday, May 30, 2006, 6:00 p.m. Atascadero City Hall 6907 EI Camino Real, Atascadero, California PROPOSED COMMERCIAL PROJECT AT EL CAMINO REAL AND DEL RIO ROAD Mayor O'Malley called the meeting to order at 6:02 p.m. ROLL CALL: Present: Council Members Clay, Luna, Pacas and Mayor O'Malley Planning Commissioners Fonzi, Kelley, Porter, Slane, O'Keefe and Chairperson Beraud. Absent: Commissioner Jones Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Community Development Director Warren Frace, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris and City Attorney Patrick Enright. CC/PC Draft Minutes 05/30/06 Special Joint Study Session Page 1 of 12 25 ITEM NUMBER: A-2 DATE: 06/27/06 City Attorney Patrick Enright announced that Commissioner Jones was absent this evening as he lives within 560 feet of the Highway 101 / Del Rio interchange and the City is awaiting the opinion of the FPPC to determine if there is a conflict of interest before he attends any of these meetings. APPROVAL OF AGENDA: Mayor O'Malley reviewed the agenda for the meeting and explained that no decisions would be made this evening; there would only be public input and direction to staff. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Pacas to approve the agenda. Motion passed 10:0 by a roll-call vote. JOINT STUDY SESSION: PROPOSED COMMERCIAL PROJECT AT EL CAMINO REAL AND DEL RIO ROAD DESCRIPTION: Property Location is approximately 40 acres located on the northeast and southeast corners of EI Camino Real and Del Rio Road in Atascadero, CA. The property owner is considering a master planned commercial center with housing. No formal project applications for this project have been submitted to the City as of 5/25/06. This workshop is the first step in a comprehensive project review process. The Council will not be taking any formal action at this meeting. INTRODUCTION AND WELCOME Mayor O'Malley welcomed those present. REVIEW OF PROCESS: City Manager Wade explained the contacts between the City, the Rottman Group and a variety of retailers. Community Development Director Warren Frace gave an overview of the -hearing process for this type of project and explained the purpose of the workshop this evening. He explained that the public is invited to comment on this project either in person this evening, through comment cards available in the City Hall Lobby or the City Website, and that they can sign up to be placed on a mailing list for future meetings on this project. CC/PC Draft Minutes 05/30/06 Special Joint Study Session 26 Page 2 of 12 ITEM NUMBER: A-2 DATE: 06/27/06 PRESENTATION OF INITIAL CONCEPT FOR PROJECT AT EL CAMINO REAL AND DEL RIO (The Rottman Group): Keith Mathias, Rottman Group, gave the presentation. Tom Morrell co owner of Mission Oaks at the Annex spoke about his unsuccessful negotiations with Trader Joe's. Tony Viasenor, broker, spoke about his contacts with potential co-tenants for the site and the importance of having a major anchor in the project to secure those tenants. CITY COUNCIL & PLANNING COMMISSION QUESTIONS: Council Members and Commissioners asked questions of the applicant and staff and gave their ex-parte communications. Ex Parte Communications ■ Commissioner Kelley stated he met with the representatives of the Rottman Group on May 17th at that time the conceptual plan was presented to him regarding a possible layout for the proposed center. No disclosure was made as to any possible tenants, and nothing was asked of him regarding his opinion of the project. ■ Commissioner Fonzi stated she had received many emails to which she did not respond, and had conversations with citizens in the community. She also met with Maury Froman and Keith Mathias, on site on May 25th. No commitments were made, as this was informational only, and she looked at the plans as shown tonight. ■ Commissioner Porter stated he met with Keith Mathias and Maury Froman on May 18th, on site and looked at the same site plan as shown tonight. No other materials were provided, looked at, or taken from that meeting and he gave no commitment or opinion at that time. ■ Council Member Clay stated he met with the Rottman group early on when they were putting these parcels together, and they told him they were trying to put a number of parcels together for a commercial project. He then met with them recently and was shown the plot plan. He had a number of telephone calls in relation to those meetings for confirmations and he had telephoned them recently regarding the format for this meeting tonight. ■ Council Member Luna stated that in May of 2005 shortly after returning from an International Conference of Shopping Centers that was also attended by Assistant City Manager Jim Lewis and Redevelopment Specialist Marty Tracey, Assistant City Manager Jim Lewis told him there was a possibility of getting a Wal Mart in Atascadero. In August of 2005 Mayor Tom O'Malley and he met with CC/PC Draft Minutes 05/30/06 Special Joint Study Session . Page 3 of 12 27 ITEM NUMBER: A-2 DATE: 06/27/06 representatives of the Rottman Group at Hush Harbor who said they had bought the property and were going to go with the existing zoning, but were convinced by staff to go for a big commercial project, and Wal Mart was mentioned by them. In September he received an invitation to an Edna Valley Winery event from Maury Froman of the Rottman Group, but he declined the invitation. At the end of October Tom O'Malley and he met again with the representatives of the Rottman Group to listen to their update of the project. On January 11, 2006 he received a copy of a letter addressed to Mayor Tom O'Malley from the Rottman Group. The letter spoke of the assembly of the properties and the attempt to secure a major anchor for the proposed master plan and the necessity to rezone properties from residential to commercial; Wal Mart was not mentioned. On May 16, 2006 he met with the Rottman Group at Hush Harbor for a preview of what has been presented tonight. He stated the representatives of the Rottman Group have always been very courteous and open in their discussions with him. Mayor O'Malley stated he and his wife have known Maury Froman's wife from the time before she was married to Mr. Froman and they have had social contact for some time. He stated he has had somewhere between 15 to 20 contacts over a number of years with Maury Froman and other representatives of the Rottman Group. Of those contacts about 1/3 were more social, 1/3 have been with projects not related to this, and 1/3 were meetings related to-Del Rio and any potential tenants. Two of those meetings were with Council Member Luna relating to their positions on the Finance Committee and looking for potential retail sales expansion in town. In addition, he met with them more recently when they were meeting with all of the Council Members and Commissioners. He heard in his discussions with Council Member Luna of the possibility of a couple of large anchors. At that time nothing had been set, but Wal Mart, Lowe's, and a major grocery store, were mentioned. He has had no contact with Wal Mart other than 4 or 5 non management employees who live in Atascadero who have contacted him. He has received numerous emails and had conversations in the street. He had written a letter to Trader Joes stating they would be welcome in Atascadero. ■ Mayor Pro Tem Pacas stated she has heard from and corresponded with numerous people on both sides of this issue. The first she heard of Wal Mart was from rumors going around, not from any staff member or anyone from Rottman, or any Council Member. She met with Rottman representatives Keith Mathias and Maury Froman on May 17th and they gave much less information at that time then was given tonight. The information given was very vague and involved the gathering of their property, what they had put together, and thoughts on possibly changing the land use. There was no discussion of possible tenants. Chairperson Beraud stated she met with the Rottman Group on May 18th at City Hall for one hour. At that meeting they went over plans and no promises were made or questions asked. CC/PC Draft Minutes 05/30/06 Special Joint Study Session 28 Page 4 of 12 ITEM NUMBER: A-2 DATE: 06/27/06 ■ Vice Chairperson O'Keefe stated she met with the Rottman Group on May 18th at which time they covered what was presented tonight but in less detail. She has also received emails from the Oppose Walmart group ■ Commissioner Slane stated he met with Keith Mathias and Maury Froman on May 16th with Mayor O'Malley and received a brief preview of what was presented tonight; no commitments were made. He has also had several contacts from community members expressing their feelings over the rezoning. PUBLIC COMMENT: Tom Pomar, spokesperson for Oppose Wal Mart, stated his reasons for opposing the rezone including; a rezone will mean getting a Wal Mart, a super Walmart will not bring good jobs or benefits, and it may cause small stores to close. He thinks the rezone should go to a vote of the public. Mitch Paskin stated he hoped the decision on the rezone would be made by the elected officials of the city, and asked several questions of the Rottman Group and staff. Alitha Musgrave expressed concern regarding safety and crime in the large parking lots that would surround Wal Mart, as they have no outside security. Steven Good indicated he would like to see the developers provide Atascadero with a shopping mall, he did not think it was necessary to duplicate what shopping already exists a few miles away. Leigh Perkins stated she opposes the rezoning and Wal Mart coming to Atascadero, as it would endanger local businesses and the wage scale. She spoke about a lawsuit against Walmart for discriminating against women, and stated that Wal Mart imports merchandise from outside the United States. Rosemarie Handy spoke in favor of keeping the small town atmosphere as stated in the General Plan and in support of small businesses that would be impacted by a Wal Mart store. Joe Modica speaking for the Chamber of Commerce stated that the Chamber supports commercial development at that site, but it is not taking a position on what anchor store should be sought. David Broadwater stated that the ex parte communications were unacceptable, and that Wal Mart is predatory on other businesses in town. He said that roads and essential services can be funded without a Wal Mart. Marilyn Brown indicated she had no argument with commercial development in town; however she is not in support of a Wal Mart superstore. She stated their business CC/PC Draft Minutes 05/30/06 Special Joint Study Session Page 5 of 12 29 ITEM NUMBER: A-2 DATE: 06/27/06 practices and treatment of employees is not acceptable, and they purchase from overseas manufacturers that use sweatshops. Eric Greening suggested that more information from staff regarding their ex parte communications is needed and spoke about the negative impacts to the interchange at Del Rio Road and Highway 101 from this project. Ron Rothman spoke about the timing of the city questionnaire and stated that the community as a whole should decide if this project is wanted. Greg Barber stated he supports having some commercial development in this area but not at the expense of poor quality sterile merchandise. Robert Skinner spoke about Wal Mart paying their employees less than other businesses forcing the taxpayers to subsidize their employees for needed services. He is against the rezone and against Wal Mart. Lynn Hunter indicated she would like to see homes and a little retail space at this site. She stated that Atascadero can only grow so much because of its larger lots and must therefore find other ways to fund needed services. Ray Johnson explained that housing does not carry its weight to support needed services. Since the General Plan was redone the city has lost commercial acreage so good retail is needed to provide the cash flow necessary to run the community. Tom Birkenfeld, President Atascadero City Firefighters, spoke in favor of rezoning this area to commercial. He stated the city needs increased tax revenue to supply essential services to the community and urged keeping an open mind and looking at any large retailer interested in coming to Atascadero. Jeff Willshusen, President Atascadero Police Association, expressed his support for changing the zoning from residential to commercial to promote financial security for city services. Susan Brackten stated her opposition Wal Mart and addressed the morality of allowing a corporation such as Wal Mart to move into the community. Corinna Jones spoke against allowing a super Walmart in Atascadero. She stated that in her home town in Colorado many local businesses closed when a Walmart came to town. Casey Bryson, Atascadero Firefighters Association, spoke in support of changing all the zoning at this site to commercial, which will help provide financial support for city services, parks and roads. CC/PC Draft Minutes 05/30/06 Special Joint Study Session 30 Page 6 of 12 ITEM NUMBER: A-2 DATE: 06/27/06 Michael Sarnetta, Atascadero Firefighter, commented that Atascadero is growing in population and he is concerned about maintaining city services which will also increase. He stated that commercial development will give the city the opportunity to collect tax dollars to provide essential services in the community. Ashley Hatch spoke in favor of commercial growth to provide increased revenues to the city, without which the alternative would be to increase taxes. Peter Laughlin spoke about balanced growth and the highest and best use of commercial land in this area. He stated this is an incredible opportunity to develop this site in a smart way to benefit the community and that it was a wise placement of commercial development. Maria Hooper stated she supports downtown revitalization and protecting current businesses. She does not support rezoning this area to commercial. Tera Conrad indicated she had moved here for the quiet, peaceful atmosphere and open space. She is opposed to heavy development and a super Walmart. Steve Tillman read from a Kiplinger Letter article stating that many large retailers are vying for space at the Del Rio Road and Highway 101 interchange. He spoke about the effect a Wal Mart would have on local entrepreneurs and on the community and stated he was against the rezone. Chandra Keo stated she lives in the Colony Homes development next to this site and outlined her concerns about traffic, turning out of her development onto EI Camino Real, outside cars in the neighborhood, and outsiders using their park. She asked the city to look at the impacts to her neighborhood from delivery trucks, parking, noise and lights from the proposed project. Michael Rosen thanked the Rottman Group for their willingness to pursue other possibilities before presenting the community with this plan, and stated he would like this to be developed under the existing zoning ordinances without a Wal Mart. Mary Ann West stated the city should concentrate on building up the downtown area, and expressed her objection to the way Walmart treats its employees and overseas workers. Bill White, Vice President Atascadero Professional Firefighters Association, spoke about how the city has had to dip into reserves to maintain essential services, and stated the importance of capitalizing on sales tax revenues for funding those services. Scott Hallock, Atascadero Fire Department, commented that many acres in Atascadero have been rezoned from commercial to residential, which lessens the potential for a tax base. He stated this was an opportunity to take back some of that commercial property to get back lost revenues. CC/PC Draft Minutes 05/30/06 Special Joint Study Session Page 7 of 12 31 ITEM NUMBER: A-2 DATE: 06/27/06 Lee Blanchette stated the concerns of the firefighters are real, but that there must be another way to provide for those services. Mark Phillips read a prepared statement from another resident stating their opposition to Wal Mart. Speaking for himself, Mr. Phillips would like the developer to go back to the drawing board and find another occupant for that space before it is rezoned. Robert Cuthbert spoke about Wal Mart's employment activities and against allowing them in Atascadero because of the negative impact to the community from the low income jobs they bring. Hannah Toman, representing the student body at Atascadero High School, spoke about a recent poll done on campus, which found that 114 of 133 students thought that Walmart would have a negative impact on local community. Thomas Rush spoke about Paso Robles' experience with Wal Mart and how many downtown stores and Kmart went out of business. He also remarked about how little of Wal Mart's income goes into local banks, and of the problem of keeping them permanently in the community. Brandon Istenes spoke against rezoning this area, and stated that the environmental impacts of Wal Mart would be against the tenets of the US Mayors Climate Protection Agreement. The speaker (no name given) stated she moved here from Napa because there was no Walmart and that Atascadero is a unique and beautiful place that she would not like to see spoiled by a Wal Mart. Ian Wood, Atascadero High School student, stated he thinks the revenue problem is not due to the lack of large stores, but because the state and federal governments are low on money. Cindy Smith spoke about the lack of benefits for Wal Mart employees and asked the city to explore other options for this site. Ann Hatch agreed that funds are needed, but she hopes there are other options besides major retail. She would like to see resources brought to this community that would add to the job base, education level and real estate market. Zoe Radkee stated the city does not need Walmart. David Pecci, Templeton High School student, suggested building a mall rather than a super Walmart. He submitted a list of stores not currently in the County. (Exhibit A) CC/PC Draft Minutes 05/30/06 Special Joint Study Session 32 Page 8 of 12 ITEM NUMBER: A-2 DATE: 06/27/06 Andrew Christy, Sierra Club, stated it would be counter to the intent of the US Mayors Climate Protection Agreement to have a Wal Mart here, and spoke about the environmental impacts to the community from Wal Mart Mayor Pro Tem Pacas left the meeting at 9:00 p.m. and turned in a written statement to the City Clerk (Exhibit B) Livia Kellerman read from a prepared statement from the Baker Family against allowing Wal Mart in the community. Ms. Kellerman questioned why Wal Mart would want to come to Atascadero when others retailers would not, and asked that Wal Mart not be put in Atascadero. Robin Deary pointed out that Atascadero doesn't have to take Wal Mart just because other retail stores don't want to be here. She is against rezoning until it is determined what type of stores would be permitted. John Heatherington spoke against Wal Mart's employment practices and their buying from foreign sweat shops. He asked that no zoning changes be made until it is known what the city is actually getting. Barbara Spelina expressed concern regarding the impacts from a development this large on the surrounding residential neighborhoods. She also spoke in support of the downtown, and cited an example of how another small town brought in a large retailer resulting in many small businesses in the downtown closing. Randy Lawrence stated he lives near this site and, because one of the reasons he came here was for the rural atmosphere, he asked that this area not be zoned commercial. Trish Ringley spoke against having a Wal Mart in town and urged the city not to rezone this area unless it can guarantee something special for the site. Nancy Vetter stated she doesn't think Wal Mart belongs here and would like more interesting shops. Ms. Vetter also read from a prepared statement from Monica Carr against allowing Wal Mart in the community. Maggie White stated she supports commercial development at this site. She now goes to other cities to shop and would like her money to stay in Atascadero. Kathy DiGratsia commented that this was a good opportunity to galvanize the community to help decide what should go into this site. Christine Moore spoke against allowing Wal Mart to come into the area stating it isn't needed and they have poor employee practices. CC/PC Draft Minutes 05/30/06 Special Joint Study Session Page 9 of 12 33 ITEM NUMBER: A-2 DATE: 06/27/06 Daphne Fahsing stated that though she doesn't want to see 180 homes on that property, she would not like to see a Wal Mart there. She would be in favor of some other retailer at the site. Franka Landsky asked that the site not be rezoned especially if it is for a Wal Mart store. The speaker (no name given) stated there are better ways to get money than with Wal Mart; he would prefer to see more educational opportunities available. Mayor O'Malley closed the Public Comment period. Keith Mathias, Rottman Group, responded to issues raised during public comment and stated it was important to look at both sides of the issue. He commented that the question to be answered is does the community want to rezone that land to commercial. PLANNING COMMISSION COMMENTS: Commissioner Slane indicated he was impressed with the turnout tonight and stated he was worried about the future of Atascadero. He wants the town to grow economically and thinks commercial property should be developed, but he doesn't necessarily think a Walmart is needed. He would like to see the community work together as a whole to explore other options. Vice Chairperson O'Keefe made no comments. Chairperson Beraud spoke about the great comments received and agrees that if the city is going to rezone the area it must know what the rezoning is for. Whatever goes in there should be special, and it would be good to limit the size of the stores allowed to prevent super stores from being tenants. She supports a financial agreement with the new development to support existing and downtown businesses. Commissioner Kelley stated the community has spoken and he was impressed with all the different generations that commented. He said that this will put smart growth to the ultimate test and that there is a need for commercial development in town, but there is also a responsibility to other businesses in town as well as the downtown, which is owed some protection or safeguard. He thinks the door should be open to look into all the alternatives that are available for the property. Commissioner Fonzi indicated that the city has an incredible opportunity at this point to build in a smart way. It is important to bring people here for reasons other than shopping. She commented that the community can come up with something better than what has been shown. It is important to be careful not to rezone until the city knows what it is getting. She would like to see something that would support city services, but at the same time being careful how that revenue is procured. She stated personally that CC/PC Draft Minutes 05/30/06 Special Joint Study Session 34 Page 10 of 12 ITEM NUMBER: A-2 DATE: 06/27/06 she could not look herself in the mirror if she voted for Wal Mart, and urged taking time . and doing this right. Commissioner Porter thanked everyone from the community who turned out tonight. He agreed this would put smart growth principles to the test. He stated there is only a limited amount of commercial properties left and the city must be very careful on what is done with this site. He is leaning toward developing this commercially rather than having another 180 residences. CITY COUNCIL COMMENTS: Council Member Clay spoke in support of city staff and explained that Council had voted unanimously in strategic planning to have staff seek out retail for the city. He stated he is here to represent the entire community and that is how he looks at issues. He indicated that leakage to other communities for shopping is a problem, and spoke about the reduction of commercial and increase in residential development. He is supportive of working out a development agreement to provide the downtown with funds. He explained that there is a problem with the tax base and if the community wants services and roads fixed then there must be more retail. He supports the rezoning of the property to commercial rather than having 180 homes, and because this site is in the redevelopment area there would be a large amount of tax revenue for the city. Council Member Luna stated that he did not support the 2003 General Plan and to pass that findings of overriding considerations had to be made, significant impacts were identified. One of those impacts was the stress on police and fire by adding 10,000 new people to the.community and that resources would not be available for supporting that increase of 10,000 people. He stated this is the position Atascadero finds itself in now and there is a significant impact that must be addressed by either raising the sales tax or with a Wal Mart. He thanked the Rottman Group for their presentation and stated he did support this area being prime commercial, however at that time it was not assembled as the huge parcel it is now and that this could only attract something like a super Wal Mart. He thinks that what they have done here is an opportunity for Atascadero, but he is not going to support any kind of rezoning while there is still the potential that a super Walmart could occupy that space. Mayor O'Malley stated he is concerned that Atascadero is in competition with other regions and other cities and he does not want the city to be perceived as unfriendly to business. He spoke of the importance of having some economic analysis on this project to determine what the net impact on the community would be for different business combinations. He also thinks it is important to continue with the community process and stated this project will have an environmental impact report. He commented that there is a better opportunity to meet infrastructure demands by looking at larger projects. He stated he has no preconceived ideas of what should be done on the parcel, and personally would rather see commercial development of some sort than more residential. Mayor O'Malley indicated there are offsets for larger commercial centers such as a development agreement to assist the downtown. He spoke about CC/PC Draft Minutes 05/30/06 Special Joint Study Session Page 11 of 12 35 ITEM NUMBER: A-2 DATE: 06/27/06 incentives and partnering with developers to bring in city revenues. He agrees this must be thought through and done right, and he would support this being a prime commercial i site, but the city must know what it is going to get. Council Member Clay stated that the reason he supports a store like Wal Mart is because it gives the city's workforce people and seniors the ability to stretch their dollars. ADJOURNMENT: Mayor O'Malley adjourned the meeting at 10:12 p.m. The City Council and Planning Commission adjourned to their next regularly scheduled meetings. MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk The following exhibit is available for review in the City Clerks Office. Exhibit A— David Pecci, list of stores not currently in the county Exhibit B—Becky Pacas, written statement CC/PC Draft Minutes 05/30/06 Special Joint Study Session 36 Page 12 of 12 ITEM NUMBER: A-3 ' DATE: 06/27/06 r. leis , Ya e Atascadero City Council Staff Report — Public Works Department 2006-2007 Annual Overlay Program Curbaril Avenue Paving Project (City Bid No. 2006-003) RECOMMENDATIONS: Council• 1. Authorize the City Manager to execute agreement with R. Burke Construction for $409,766.00 for construction of the 2006-2007 Annual Overlay Program — Curbaril Avenue Paving Project; and, 2. Authorize the Administrative Services Director to allocate $393,000.00 in Urban State Highway Account funds (SHA) toward the Curbaril Avenue Paving Project. DISCUSSION: Background: In 2005, design plans for a road rehabilitation project on a section of Curbaril Avenue from 101 to Highway 41 was completed along with plans for work on portions of EI Camino Real, Portola Road and San Gabriel Road. Bids for the entire 2004-2005 Overlay Program were higher than the previously budgeted amount. As a result, the City Council reduced the scope of the 2004-2005 Annual Overlay Program by eliminating Curbaril, in order to stay within budget. Curbaril Avenue was then added to the 2006-2007 Road Rehabilitation Program which also includes rehabilitation work on sections of San Jacinto Road and Del Rio Road. Since the Curbaril Avenue portion of the 2006-2007 Road Rehabilitation Program was already designed, this project- is being bid and completed separately. In May of this year, SLOCOG asked that we program the $393,000 in USHA monies to a specific road project. These unbudgeted 04/05 and 05/06 USHA monies may be spent by the City on any local road project. In order to comply with SLOCOG's request to quickly spend these monies, staff recommends that we use these USHA monies on the Curbaril Avenue Overlay project. This would then free up an equal amount of Local Transportation Funds from the 2006-2007 Road Rehabilitation Program which would allow us to add another section of road to that project. 37 ITEM NUMBER: A-3 DATE: 06/27/06 Analysis: On May 3, 2006, bids were advertised and _distributed for the 2006-2007 Annual Overlay Program — Curbaril Avenue Paving Project. Three bids were received and publicly opened on June 5, 2006 at 3:00 p.m. R. Burke Construction submitted the lowest bid in the amount of $409,766.00. The Engineer's Estimate for this project was $548,200.00. Conclusion: R. Burke Construction is the successful low qualified bidder. Staff recommends that the City Council award the project to R. Burke Construction, and authorize the City Manager to enter into an agreement for the 2006-2007 Annual Overlay Program — Curbaril Avenue Paving Project. FISCAL IMPACT: EXPENDITURES Design $20,000 Construction $409,770 Construction Support $35,000 Contingency $41,000 ESTIMATED TOTAL PROJECT EXPENDITURES $505,770 REVENUES Local Transportation Funds (06/07 Road Rehabilitation $112,770 Projects Urban SHA Funds 2004/05 & 2005/06 $393,000 TOTAL PROJECT REVENUES $505,770 ALTERNATIVE: Do not Award Contract— Roads continue to deteriorate. ATTACHMENT: Bid Summary 38 Citof Atascadero Office of the City Clerk BID SUMMARY TO: Public Works Department FROM: Marcia McClure Togerson, C.M.C., City Clerk BID NO.: 2006-003 OPENED: June 5,2006,3:00pm PROJECT: Curbaril Avenue Paving Three(3) bids were received and opened today,as follows: Bidder Amount Granite Construction $415,977.00 P.O. Box 50085 Watsonville, CA 95077 Union Asphalt $422,493.00 P.O. Box 1280 Santa Maria, CA 93456 R. Burke Corporation $409,766.00 P.O. Box 957 San Luis Obispo, CA 93406 39 ITEM NUMBER: A-4 ' DATE: 06/27/06 rc 1918 1 9 Atascadero City Council Staff Report- Public Works Department Wastewater Treatment Plant Sludge Drying Bed Expansion Project (City Bid No. 2006-008) RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute agreement with Raminha Construction Inc. for $577,000.00 for construction of*the Wastewater Treatment Plant Sludge Drying Bed Expansion Project; and, 2. Authorize the Administrative Services Director to appropriate $164,000.00 from the Wastewater Fund reserves. DISCUSSION: Background: Current operation of the Wastewater Treatment Plant requires periodic dredging of solids accumulated in the facultative lagoon. These solids (sludge) are removed with a dredging apparatus and placed in a series of eight concrete drying beds for moisture removal prior to relocation to a landfill. The limited capacity of the current drying beds at the Wastewater Treatment Plant is not sufficient to handle the sludge removal demands in light of the narrow window of allowable timeframes for land application. The State Water Quality Control Board regulates this process and has limited the land application of sludge to June through October. In addition, there is a requirement for a three-month on-site drying period for sludge. As a result of weather related delays and the regulatory requirements, the sludge removal process at the Wastewater Treatment Plant is constricted and sludge must be routinely stored on-site for extended periods. Analysis: The proposed additional drying beds will double our sludge bed capacity and will assist with sludge removal from the facultative pond, which will help reduce odor problems resulting from sludge build up in the pond. In addition, this sludge drying bed expansion project will assist the Wastewater Operations staff in meeting minimum sludge drying periods and local landfill acceptance timelines. This Capital Improvement Project will substantially improve our sludge removal capability. 41 ITEM NUMBER: A-4 DATE: 06/27/06 On May 3, 2006, bids were advertised and distributed for the Wastewater Treatment Plant Sludge Drying Bed Expansion Project. Eight bids were received and publicly opened on June 5, 2006 at 2:00 p.m. Raminha Construction Inc. submitted the lowest bid in the amount of $577,000.00. The Engineer's Estimate for this project was $750,000.00. Conclusion: Raminha Construction Inc. is the_successful low qualified bidder. Staff recommends that the City Council award the project to Raminha Construction Inc., and authorize the City Manager to enter into an agreement for Wastewater Treatment Plant Sludge Drying Bed Expansion Project. FISCAL IMPACT: EXPENDITURES Design $10,000 Construction $577,000 Construction Support $20,000 Contingency(10% of Construction) $57,000 TOTAL PROJECT EXPENDITURES $664,000 REVENUES Budgeted Wastewater Funds (Fund 527) $500,000 Additional Appropriation from Wastewater Reserves $164,000 TOTAL PROJECT REVENUES $664,000 ALTERNATIVES: 1. Do not Award Contract 2. Reduce Scope of Project and Re-Bid ATTACHMENT: Bid Summary 42 Citof Atascadero Office of the City Clerk BID SUMMARY TO: Public Works Department FROM: Marcia McClure Togerson, C.M.C., City Clerk BID NO.: 2006-008 OPENED: June 5, 2006 PROJECT: Wastewater Sludge Bed Eight(8) bids were received and opened today,as follows: Bidder Amount Wysong Construction $674,598.00 8720-B El Camino Real Atascadero, CA 93422 MGE Underground Inc. $ 768,500.00 P.O. Box 4189 Paso Robles, CA 93447 Granite Construction $696,700.00 P.O. Box 50085 Watsonville, CA 95077 R. Burke Corpration $729,900.00 P.O. Box 957 San Luis Obispo, CA 93406 Raminha Construction Inc. $577,000.00 6805 Sycamore Road Atascadero, CA 93422 Specialty Construction Inc. $744,300.00 645 Clarion Court San Luis Obispo, CA 93401 Papich Construction $735,462.00 P.O. Box 2210 Pismo Beach, CA 93448 Whitaker Contractors $813,702.00 P.O. Box 910 Santa Margarita, CA 93453 43 ITEM NUMBER: A-5 DATE: 06/27/06 1918 1 9 d h. Atascadero City Council Staff Report - Police Department Police Vehicle Purchase RECOMMENDATION: Council authorize the purchase of three (3) replacement police vehicles from Downtown Ford Sales in Sacramento, California. DISCUSSION: The City currently replaces high mileage police vehicles in accordance with an . established replacement plan. Two (2) marked patrol vehicles and one (1) unmarked vehicle are scheduled for replacement due to their age and high mileage. Replacement of the vehicles.is necessary to maintain a safe and reliable fleet and to keep repair costs at a reasonable level. Downtown Ford Sales in Sacramento, California offers Ford Crown Victoria Police Interceptor vehicles under the current State of California contract #54-005 (PA #60048). The purchase of these vehicles from Downtown Ford Sales is consistent with the City's purchasing policy. FISCAL IMPACT: $68,076.35 including sales tax, shipping fees, mandatory California tire fee, and $500/unit discount for payment within twenty(20) days of receipt of invoice. Funds are provided in the 2006/2007 City budget. ALTERNATIVE: Defer replacement at this time. Not recommended due to increased on-going maintenance costs. 45 ITEM NUMBER: B- 1 DATE: 06/27/06 1918 1 9 ArA�cAn�O/ Atascadero City Council Staff Report - Police Department Motorcycle and Noise Ordinance Amendments ZC H 2006-0116 (City of Atascadero) RECOMMENDATIONS: Planning Commission recommends Council: 1. Introduce for first reading, by title only, Draft Ordinance A, approving Zone Change 2006-0116 Part A amending the noise ordinance pertaining to cost recovery; and, 2. Introduce for first reading, by title only, Draft Ordinance B, approving Zone Change 2006-0116 Part B amending the zoning ordinance to repeal motorcycle riding as an accessory residential use. DISCUSSION: Background: Staff brought to Council on 3/14/06 an evaluation of the effectiveness of the motorcycle and noise ordinances that were adopted in May 2004. Council deliberated on the information provided in the report and directed Staff to return to Council with the following three amendments to the ordinances: 1. Noise Ordinance Exemption: Amend Municipal Code Section 9-14.03 to exempt motorcycles and similar'2 or more wheel vehicles from the provisions of the noise ordinance as long as the vehicles are operated in compliance with the motorcycle ordinance. 2. Noise Ordinance Cost Recovery: Amend Municipal Code Section 9-14.14 (b)(2), 9-14.14 (b)(3), and 9-14.14 (c)(1) to change the cost recovery period for noise and motorcycle violations from 12 to 72 hours. 47 ITEM NUMBER: B - 1 DATE: 06/27/06 3. Amend Municipal Code Section 9-6.106(c) to add a condition prohibiting motorcycles or similar 2 or more wheel vehicles to operate on any private property with exhaust systems not in constant operation and properly maintained to prevent any excessive or unusual noise, and any muffler or exhaust system equipped with a cutout, bypass or similar device. Since the ordinances are related to land use they were required to be considered by the Planning Commission prior to returning to Council. Staff presented the evaluation of the ordinances to the Planning Commission on April 18, 2006 along with ordinances reflecting the Council direction to staff with respect to the suggested amendments. The Planning Commission deliberated on the information presented and made two recommendations to Council. They agreed that increasing the number of hours pertaining to cost recovery from 12 to 72 would aid in the recovery of costs related to multiple responses to disturbances. That text is contained in Attachment 2 as Draft Ordinance.A. They denied the suggested two amendments that exempted motorcycles from noise ordinance enforcement and that required them to have unmodified and properly working exhaust systems. The Commission recommended that Council repeal the Municipal Code section that regulates the use of motorcycles and similar vehicles as an accessory use on private property. That text is contained in Attachment 3 as Draft Ordinance B. Analysis: Amendment 1 as suggested by Council. This exemption will clarify the conflict between the two ordinances and allow for motorcycle riding on private property without being subject to provisions of the noise ordinance. Violations of the motorcycle ordinance would be addressed through voluntary compliance or the administrative citation .process. It would maintain the currently allowed hours of operation and number of vehicles allowed. This ordinance would continue to be a burden on police and code enforcement resources and would still require reporting parties to participate in keeping records of violations. Amendment 2 as suggested by Council. The 12 hour time limit is not practical and rarely applies to responses to significant problems. The expanded time period will serve as a useful tool to encourage voluntary compliance and to recover appropriate response costs when compliance does not occur. This amendment will apply to all noise ordinance violations and to motorcycle 'ordinance violations if Council maintains a motorcycle ordinance. Staff recommends Council adopt Draft Ordinance A as recommended by the Planning'Commission. Amendment 3 as suggested by Council. This amendmentwould require vehicles to maintain proper exhaust systems. it adds a level of difficulty for enforcement. There are numerous brands and models of vehicles that require significant training and 48 ITEM NUMBER: B- 1 DATE: 06/27/06 resources to identify improper exhaust systems. This amendment will also complicate enforcement by requiring noise level readings to be made to compare with original manufacturer specifications, some of which may not be available. Draft Ordinance B as recommended by Planning Commission. This amendment would repeal motorcycle riding as an accessory use on private property. This essentially takes the situation back to before the motorcycle ordinance was adopted in 2004. At that time violations were related to noise and enforced by the noise ordinance. Enforcement at that time was difficult because it required police to actually take noise level readings or rely on neighborhood petitions and the nuisance abatement process. This option will also serve to ban motorcycle riding since many motorcycles exceed the maximum 70 decibel level even when idling. If Council is" inclined to accept the recommendation of the Planning Commission regarding repealing the motorcycle ordinance, Staff recommends that Council take the steps to ban motorcycle riding altogether. Enforcement of noise violations related to motorcycles will place a significant demand on police and code enforcement resources due to the nature of the documentation and evidence needed to take enforcement action. Staff can prepare an ordinance to ban motorcycle riding on private property and return to Council for adoption. ALTERNATIVES: 1. Council can adopt the amendments as suggested at the 3/14/06 Council meeting. 2. Council can deny the Planning Commission recommendation to repeal the motorcycle ordinance (Draft Ordinance B) and direct Staff to return to Council with an ordinance banning motorcycle riding on private property. ATTACHMENTS: Attachment 1: Planning Commission Minutes Attachment 2: Draft Ordinance A Attachment 3: Draft Ordinance B i I 49 ITEM NUMBER: B - 1 DATE: 06/27/06 Attachment 1: Planning Commission Minutes CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, April 18, 2006.— 7:00 P.M. CALL TO ORDER Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Porter led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Kelley, Porter, Slane, O'Keefe and Chairperson Beraud Absent: Commissioner Jones Staff Present: Community Development Director Warren Frace, Police Chief John Couch, Deputy Community Development Director Steve McHarris, Planning Technician Paul Tabone, City Attorney Patrick Enright and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA 50 ITEM NUMBER: B-1 DATE: 06/27/06 MOTION: By Commissioner Kelley and seconded by Vice Chairperson O'Keefe to approve the agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 4. 2006. Commissioner Fonzi asked that the following statement be added to Item #3, page four: "Commissioner Fonzi stated she was voting yes only because each new project would be individually reviewed for impacts through the minor CUP Process." In addition she asked for a correction to page five, paragraph one under Director's Report, second sentence corrected to read...motocross task track facility... MOTION. By Commissioner Fonzi and seconded by Commissioner Kelley to approve Item #1 as amended. Motion passed 5:0 by a roll-call vote. (Porter abstained) Commissioner Jones joined the meeting at 7:05 p.m. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2006-0090 Owner: George Molfino, 6305 Flores Road, Atascadero, CA 93422 Project Title: TRP 2006-0090 Project 7055 Navarette Ave.,Atascadero, CA 93422 Location: APN 031-123-009 Project A request to remove one (1)' native Live Oak tree, totaling 24-inches in Description: diameter. Planning Technician Paul Tabone gave the staff report and answered questions of the Commission. PUBLIC COMMENT 51 ITEM NUMBER: B- 1 DATE: 06/27/06 George Molfino, applicant, spoke about his request and stated he would now prefer to pay the mitigation fee rather than replanting. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to adopt Resolution PC 2006-0031 to approve the request to remove one native oak tree subject to conditions of approval, and those conditions to read that the applicant will be paying the mitigation fee rather than replanting. Motion passed 7:0 by a roll-call vote. 3. TREE REMOVAL PERMIT 2006-0089 Owner. Josh Brard, 1950 N. Ferrocarril, Atascadero, CA 93422 Project Title: TRP 2006-0089 Project 1950 N. Ferrocarril, Atascadero, CA 93422 Location: APN 049-012-021 Project Approve the illegal removal of four(4)native oak trees, two of which were 36- Description: inches in diameter. Commissioner Porter stepped down from consideration of this item stating that his personal residence lies within 500 feet of the subject property. Planning Technician Paul Tabone and Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT None MOTION: By Vice Chairperson O'Keefe and seconded by Chairperson Beraud to adopt Resolution PC 2006-0034 to approve the request to approve the previous removal of four native oak trees subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance. Motion passed 5:1 by a roll-call vote. (Jones opposed, Porter abstained) PUBLIC HEARINGS 4.. ZONE CHANGE 2006-0116 52 ITEM NUMBER: B- 1 DATE: 06/27/06 Applicant: City of Atascadero, 6907 El Camino Real, Atascadero CA 93422,Phone: 461- 5000 Project'Title: Zone Change 2006-0116,Motorcycle and Noise Ordinance Amendments Project Citywide Location: Project Commission consideration and recommendation of amendments to the Motorcycle Description: and Noise Ordinance. Ex Parte Communications ■ Chairperson Beraud stated that before this meeting she had obtained meeting minutes from 2003/2004 meetings of the City Council and Planning Commission and had followed up with Richard Moen, Ray Wilcox, Deborah Ingalls, Jim Griffin, Jerry Robinson and Bob Briggs, who were having problems with motorcycle noise in their neighborhoods. Chairperson Beraud reviewed the comments she had received. ■ Vice Chairperson O'Keefe stated she had received an email from John Bollaro and responded to him. ■ Commissioner Jones stated he had received multiple emails to which he did not respond. ■ Commissioner Slane had contact with one citizen, Rick Mullen, who expressed concerns about the motorcycle ordinance. • Commissioner Kelley stated he was contacted by Rick Mullen. ■ Commissioner Fonzi stated she received emails that she read and did not respond to. ■ Commissioner Porter stated he received emails that he read and did not respond to. Police Chief John Couch gave the staff report and answered questions of the Commission. City Attorney Patrick Enright spoke about the conflict with the Noise Ordinance and the exception for motorcycle use. Mr. Enright answered questions of the Commission. PUBLIC COMMENT Sorrel Marks spoke about the impacts of motorcycle noise to her home and garden and expressed concern with the proposed ordinance. Mrs. Marks asked the Commission to uphold the existing Noise Ordinance. John Bollaro stated his concerns with the proposed Motorcycle Ordinance and the impacts of burdensome recreation noise to private property. 53 ITEM NUMBER: B -1 DATE: 06/27/06 Sandy Hastings stated that off road motorcycle use should be banned from the city limits and residential neighborhoods. Bob Briggs commented on the change of the city from rural to urban and the noise and environmental impacts from several motorcycle tracks in his neighborhood. Doug Marks spoke of the noise impacts to his property from a motorcycle track on his neighbor's property. Mr. Marks explained how this ordinance will create divisions within neighborhoods, and asked that motorcycles not be exempted from the Noise Ordinance. Dennis Law, President of Central Coast Motorcycle Association, applauded the City for adopting an ordinance that would strike a balance in competing interests and spoke of the positive aspects of motorcycling. Eric Greening stated that the Noise Ordinance should have no exemptions except for essential public services. He spoke of other impacts from motorcycle usage and off road tracks in addition to noise. John Goers spoke against exempting motorcycle use from the Noise Ordinance, and suggested that the city is no longer rural and the community in general should not be asked to put up with the noise of a few. Cindy- Sazar stated her agreement with the previous speakers that exempting motorcycles from the Noise Ordinance defies logic. Jerry Robinson spoke about the fallacies in the statistics presented tonight, and encouraged the Commission to not exempt something that causes a lot of grief for a lot of people. Jim Patterson, County Supervisor, stated that there are other impacts in addition to noise from motorcycles and other off road vehicles, and questioned if this activity is compatible with residential neighborhoods. He commented that exempting motorcycles from the Noise Ordinance is not the appropriate action to take; rather he would encourage the city to work with the county to find an appropriate location for their use. Dan O'Grady spoke about the exponential increase of noise from more than one motorcycle. He stated that the ultimate property right is for peace and tranquility in one's home and therefore he does not think this should be allowed. Eric Greening suggested that residential neighborhoods would have additional impacts from this use including impacts to air quality and economic impacts to home-based businesses. John Bollaro stated that placing a motorcycle track in the area would bring many more riders from surrounding cities and create tremendous noise impacts. 54 ITEM NUMBER: B- 1 DATE: 06/27/06 A letter with attachments outlining efforts over the last 10 years to resolve motorcycle issues in their neighborhood was received from Doug and Sorrel Marks. (Exhibit A) Chairperson Beraud closed the Public Comment period. Chairperson Beraud recessed the hearing at 8:48 p.m. Chairperson Beraud called the hearing back to order at 8:55 p.m. Commissioner Jones stated that the main issue is noise and this does.not cure the problem for him. Vice Chairperson O'Keefe stated that this is not the solution to the problem, it will be a nuisance for the Police, and she agrees with the speakers who stated that the City of Atascadero does not need motorcycle riding. She believes that the community has changed to a more urban area and it is time Atascadero recognized that and made better use of the Police Department. She commented that the problem is more than just the tracks, as often people will work on their motorcycles at home and this involves additional noise from revving the motor, etc., in addition she does not think this ordinance will be enforceable. Commissioner Porter commented that much of this has to do with cost recovery and the problem with the ordinance will be enforcement. He stated there are many citizens who feel there is no place for motorcycles, but he thinks there are others who do support the use and that there should be a balance. Tracks are the main problem both for noise and their effects on the environment and he would be in favor of adding something that Would address tracks specifically. Commissioner Kelley indicated that motorcycle use is a good activity, but the town is changing and the ordinance as presented will be almost impossible to enforce, and will require much Police time to execute. He stated the time has come to eliminate this use, and that the tracks are a nuisance. Commissioner Fonzi commented that Atascadero is different from many cities because it has larger parcels; however she doesn't think the sound will stop at the property line. She stated Atascadero has reached the point that it is now a city rather than a rural area and this use is an encroachment on other peoples land and the ability for them to have a quiet place to enjoy their homes. It was her opinion that the tracks are .the main problem, and that eliminating motorcycles from the Noise Ordinance defies logic. She cannot pass the recommendations as they stand. Chairperson Beraud stated that the Motorcycle Ordinance is attempting to address excessive noise, that State laws address transient noise, but here the city is dealing with a stationary source of noise that is continuous. She believes if the exemption is allowed, the city will be giving off road motorcycle riders preferential treatment over the 55 ITEM NUMBER: B-1 DATE: 06/27/06 rights of those who do not ride. She pointed out that those who commented tonight live on large lots, but noise is still a problem, and that much of this appears to be unenforceable and will be a burden on the Police Department. Chairperson Beraud, cited several sections of the draft resolution that she does not agree with and stated she could not make the following findings: that this is in the best interest of the city, that there has been CEQA review, that allowing an increase in noise is consistent with the General Plan, that this is an orderly or efficient use of the land and that this will not result in significant environmental impacts. MOTION: By Chairperson Beraud and seconded by Commissioner Jones to send a negative recommendation to the City Council on Resolution No. 1 denying the proposed changes to the Noise Ordinance and on the second part of the Noise Ordinance allowing the increase in time for cost recovery from 12 to 72 hours, and that the current noise ordinance be upheld and the, Police Department will enforce the ordinance with the use of their new equipment and backed up by the code enforcement from the city. Chairperson Beraud withdrew her motion. MOTION: By Chairperson Beraud and seconded by Vice Chairperson O'Keefe to omit 9-14.03(n) and increase the cost recovery period from 12 to 72 hours and that all verbiage for the Draft Resolution will not be included. Motion passed 5:2 by a roll-call vote. (Kelley, Fonzi opposed) MOTION. By Chairperson Beraud and seconded by Vice Chairperson O'Keefe to recommend to the City Council the repeal of the entire section 9-6.106(c) of the Code regarding motorcycle use and let the Noise Ordinance be the enforcement tool for the Police Department. Motion passed 5:2 by a roll-call vote. (Kelley, Porter opposed) COMMISSIONER COMMENTS AND REPORTS None DIRECTOR'S REPORT Community Development Director Warren Frace reported that staff is investigating the fence at Escondido and San Gabriel. Regarding code enforcement complaints from the Planning Commission, the Fire Department has requested that Commissioners fill out one of the Code Enforcement Complaint forms. Director Frace announced that 56 ITEM NUMBER: B - 1 DATE: 06/27/06 Assistant Planner Lisa Wilkinson has left and new planner Callie Ford has been hired. He reported that the condo conversion issue is moving forward, and staff is looking at rescheduling the joint study session for June 13th. In addition there is a tentatively scheduled workshop with Council. for May 30th to review the preliminary development plans for Del Rio Road and El Camino Real. Director Frace reviewed the agenda for the next Commission meeting, and announced that there would be a presentation on the tree inventory project on April 20th. City Attorney Patrick Enright reported that he is working with the City Clerk to determine a date for the AB 1234 training. ADJOURNMENT Chairperson Beraud adjourned the meeting at 9:50 p.m. to the next regularly scheduled meeting of the Planning Commission on May 2, 2006. MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibit is available for review in the Community Development Department: Exhibit A— Doug and Sorrel Marks, Letter with attachments 57 Attachment 2: Draft Ordinance A DRAFT ORDINANCE A AN ORDINANCE OF THE CITY OF ATASCADERO CITY COUNCIL APPROVE ZONE CHANGE 2006-0116 PART A, AMENDING MUNICIPAL CODE SECTIONS 9-14.03 AND 9-14.14 PERTAINING TO MOTORCYCLE NOISE STANDARDS (City of Atascadero) The City Council hereby finds and declares as follows: WHEREAS, In 1983 the City Council of the City of Atascadero adopted certain noise regulations and exceptions and placed them in Title 9 Chapter 4 of the Atascadero Municipal Code; and, WHEREAS, In 1992 the City Council of the City of Atascadero adopted Article 9 Chapter 14 of the Atascadero Municipal Code entitled noise, which Chapter contained new regulations and new exemptions from the noise ordinance; and, WHEREAS, in 2004 the City Council repealed the less stringent noise standards established in 1983 to make it clear that the 1992 standards apply, and to make it clear that the noise standard exceptions from 1983 were not intended to be repealed and therefore they were renumbered into Chapter 14 to avoid confusion; and, WHEREAS, the City Council has determined that additional regulations are necessary in order to further reduce the harmful effects of noise on the community and its citizens; and, WHEREAS, the City Council has determined that the cost of addressing noise disturbances resulting from violations of State law and/or the Atascadero Municipal Code ought to be borne by those creating and/or allowing the illegal noise disturbances;and WHEREAS, the exemption of motorcycles and other similar two or more wheel vehicles operated in compliance with the motorcycle ordinance clarifies the allowed use in residential areas; and WHEREAS, the period of 12 hours limits the occasions for cost recovery measures to apply to repeat calls to noise complaints; and 58 WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the State and local guidelines for implementation of,the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on May 9, 2006, studied and considered Zone Change 2006-0116, after first studying and considering the Planning Commission's recommendation, and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for approval of zone text change.The Atascadero City Council herby finds as follows: 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands. 3. The zone change will not, in itself, result in significant environmental impacts. 4. The proposed action is considered Statutorily Exempt from CEQA under section15061(b)(3) since the action is a minor change to an existing ordinance that is more environmentally restrictive SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on May 9, 2006 resolved to introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-14.14 Cost Recovery for Responses to Disturbances. (a) Definition. The definitions in this section apply to the following terms as used in this part: 59 (1) "Disturbance" shall include conduct creating any disturbing or loud noise, including but not limited to violations of section 9-6.106 of the Atascadero Municipal Code. (2) "Response shall mean the arrival of a police officer at the scene of a disturbance to render whatever service is reasonably required in order to stop a disturbance. (3) "Responsible party is any person who owns, leases or is lawfully in charge of the property where the disturbance takes place, or any person who organizes,controls or participates in a disturbance. If the responsible person is a minor, then the parent or guardian who has physical custody of the child at the time of the disturbance shall be the responsible person who is liable. (b) Responses to disturbances. (1) No responsible party shall cause, permit or tolerate a disturbance. (2) Whenever a police officer at the scene warns any responsible party present to discontinue the disturbance, the responsible party shall be liable for the actual cost of each subsequent response required for a disturbance within 72 hours of the first response. (3) At the first response, the responding police officer shall give an oral and/or i written warning to one or more of the responsible parties present that the disturbance must cease immediately, and that if a second or subsequent response to the disturbance is required within 72 hours following such notice, a response fee shall be charged to any responsible party for all responses after the first response. (4) All responsible parties shall be jointly and severally liable for the response charge regardless of whether or not a responsible party received an oral or written warning pursuant to Section 9-14.14 (b)(c). (c) Charging for responses. (1) The response charge shall be the actual cost of police services including, but not limited to,personnel and equipment, incurred for each subsequent response within the 72-hour period following the first response. (2) The bill or charges shall be served by the Chief of Police upon the responsible party within thirty days after the last response to a disturbance. (3) The total amount of the response charge shall be deemed to be a civil debt to the city and the director of finance may take such action to recover 60 the costs as the city is authorized to do by law for the recovery of a civil debt. The bill of charges shall state the response fee. (4) The bill of charges and any other notices required by this part shall be served upon the responsible party in accordance with Chapter 12-1.06 of the Atascadero Municipal Code. If the responsible party has no last known business or residence address, then the scene of the disturbance shall be deemed to be the proper address for service of notice. (5) The bill of charges shall include a notice of the right of the person being charged to request a hearing before the appeals hearing board within ten days of service of the bill to dispute the imposition of a response charge or the amount of the charge. SECTION 3. Savings Clause. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason 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 portions of the Section. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions are declared invalid or unconstitutional. SECTION 4. Publication. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. 61 INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on , by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C., Tom O'Malley, Mayor City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 62 Attachment 3: Draft Resolution PC 2006-0033 DRAFT ORDINANCE B AN ORDINANCE OF THE ATASCADERO CITY COUNCIL APPROVING ZONE CHANGE 2006-0116 PART B, AMENDING MUNICIPAL CODE SECTION 9-6.106 PERTAINING TO MOTORCYCLE USE IN RESIDENTIAL AREAS (City of Atascadero) The City Council hereby finds and declares as follows: WHEREAS, In 1983 the City Council of the City of Atascadero adopted certain noise regulations and exceptions and placed them in Title 9 Chapter 4 of the Atascadero Municipal Code; and WHEREAS, In 1992 the City Council of the City of Atascadero adopted Article 9 Chapter 14 of the Atascadero Municipal Code entitled noise, which Chapter contained new regulations and some new exemptions from the noise ordinance;and WHEREAS, in 2004 the City Council of the City of Atascadero adopted Article 9 Chapter 6 of the Atascadero Municipal Code pertaining to residential use of motorcycles and two or more wheeled vehicles; and WHEREAS, the City Council has determined that additional regulations are necessary in order to further reduce the harmful effects of noise on the community and its citizens; and, WHEREAS, the City Council has determined that the cost of addressing noise disturbances resulting from violations of State law and/or the Atascadero Municipal Code ought to be borne by those creating and/or allowing the illegal noise disturbances; and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at 63 which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on May 9, 2006, studied and considered Zone Change 2006-0116, after first studying and considering the Planning Commission's recommendation, and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for approval of zone text change. The Atascadero City Council herby finds as follows: 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands. 3. The zone change will not, in itself,result in significant environmental impacts. 4. The proposed action is considered Statutorily Exempt from CEQA under section 1506 1(b)(3) since the action is a minor change to an existing ordinance that is more environmentally restrictive. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on May 9, 2006 resolved to introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: Section 9-6.106(c) is amended as follows: ruling is allowed si Neet to the following limitations• (1) Ale mere than twe (2) sUeh Vehicles shall be operating at the same time (2) Gperatlen is limited to a maximum of two (2) heuFs OR a day. (3) Operation is limiter!to a maximi um of eight(8) hews in a week (4) Netwithstandii;g the above, RG SUGh use shall be allowed PFGGF t9 ROOR GR SuRdayS' (5) Ne mini hike rpetorevnle dirt hike er similar two er meFe wheel vehicle shall h�ppwated "�nI� the vehicle is at all times equipped with wn adequate 64 SECTION 3. Savings Clause. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason 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 portions of the Section. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions are declared invalid or unconstitutional. SECTION 4. Publication. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. 65 INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on , by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C., Tom O'Malley, Mayor City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 66 ITEM NUMBER:. B -2 ' DATE: 06/27/06 Iola s 1170 Atascadero City Council Staff Report - Public Works Department Placing Sewer Service Charges on the 2006-2007 Property Tax Rolls RECOMMENDATION: Council adopt the Draft Resolution placing sewer service charges on the 2006-2007 property tax rolls. DISCUSSION: The Atascadero Municipal Code provides for the collection of sewer service charges on the general County tax bills. Charges have been collected in this manner since the County Sanitation District was dissolved in 1984. The attached Draft Resolution has been prepared to accomplish the necessary collection through the 2006-07 property tax bills. There is no increase in the sewer service rates. A Notice of Public Hearing has been published noticing this action. The relevant area of discussion during the public hearing is whether or not the property owner is responsible for all or any portion of the sewer service charge that is listed on Exhibit A. Any questions or concerns received during the public hearing should be referred to staff for resolution.prior to submitting the charges to the County Auditor by the July deadline. FISCAL IMPACT: The City will bill $1,622,651 in sanitation service charges for Fiscal Year 2006-07. ATTACHMENTS: Draft Resolution 67 DRAFT RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING SERVICE CHARGES TO BE ADDED TO THE 2006-07 PROPERTY TAX ROLLS WHEREAS, Council has duly held a public hearing concerning the addition of the 2006-07 service charges to the 2006-07 property tax bills; and WHEREAS, due notice was given to the public in accordance with Section 5473 of the Health and Safety Code; and WHEREAS, at said hearing the attached report marked "Exhibit A" containing such charges was duly received by said council; and WHEREAS, at said public hearing opportunity was given for filing objections and protests and for presentation of testimony of other evidence concerning same; and WHEREAS it is in the public interest that this body adopt the charges and determine and confirm the report presented at the hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero, as follows. Section 1. That the recitals set forth hereinabove are true,correct and valid. Section 2. That Council hereby adopts the service charges set forth on the attached report marked "Exhibit A" which is hereby expressly incorporated herein by reference as though here fully set forth; and Council hereby determines and confirms the report containing such charges as set forth in said "Exhibit A and hereby further determines and confirms that each and every service charge set forth in said report is true and accurate and is in fact owed. Section 3. That the charges as so confirmed and determined and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such charges shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalties in the same procedure and sale in case the delinquency is provided for such taxes. Section 4. The City Clerk shall file a certified copy of this resolution and said Exhibit A with the County Auditor upon its adoption. 68 Resolution No. Page 2 Section 5. This resolution is approved by at least a two-thirds vote of said Council. On motion by and seconded by the foregoing Resolution is hereby adopted in its entirety by the following vote: AYES: NOES ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia M. Torgerson, C.M.C., Tom O'Malley, Mayor City Clerk Patrick L. Enright, City Attorney 69 .EXHIBIT A Due to the length of this document, it has not been reproduced as an attachment, however, it may be reviewed in the office of the City Clerk 70 ITEM NUMBER: B-3 DATE: 06/27/06 1918 a 19 9 i Atascadero City Council Staff Report Community Development Department Community Facilities District 2005-1 Annexation Nos. 2 (Morro Road), 3 (Tecorida), 4 (West Front), 5 (Dove Creek), and 6 (Vintage Homes) (Adoption of these Resolutions is part of the final necessary steps for the establishment of Annexation Nos. 2, 3, 4, 5, and 6 (the Annexations) to fund new police, fire, and park services for these developments.) RECOMMENDATIONS: Council 1. Conduct the Public Hearings on each proposed Annexation, and direct the City Clerk to collect and count the ballots. Council to recess until ballots are counted. 2. Adopt Draft Resolution A, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005- 1 (Public Services), Annexation No. 2 (Morro Road); and, 3. Adopt DraftResolution B, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005- 1 (Public Services), Annexation No. 3 (Tecorida); and, 4. Adopt Draft Resolution C, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005- 1 (Public Services), Annexation No. 4 (West Front); and, 5. Adopt Draft Resolution D, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005- 1 (Public Services), Annexation No. 5 (Dove Creek); and, 6. Adopt Draft Resolution-E, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005- 1 (Public Services), Annexation No. 6 (Vintage Homes). 71 ITEM NUMBER: B-3 DATE: 06/27/06 REPORT-IN-BRIEF: In May 2005, the City Council established Community Facilities District No. 2005-1 to finance a portion of the cost associated with providing new services that are in addition to those currently provided as a result of new residential development within the City. The Government Code of the State of California, commencing with Section 53311, allows the formation of such districts to provide a financial mechanism to pay for such new services through the levy of a Special Tax against the properties that will receive the new services. On January 24, 2006, the Council held a public hearing regarding the future annexation area and the proposed rate and method of apportionment of the special tax to be levied within the future annexation area. Council then adopted Resolution No. 2006-013, authorizing the future annexation of territory to Community Facilities District No.-2005-1. The adoption of Resolution No.2006-013 on January 24, 2006, created a more efficient annexation process. Future projects requiring annexation into this CFD will require only one Council Meeting to hold a Public Hearing to formally annex the development into the CFD. The Resolutions before Council are the final necessary steps for the establishment of Annexation Nos. 2, 3, 4, 5, and 6 (the Annexations) for CFD 2005-1 to fund new police, fire, and park services for the developments known as Morro Development, Tecorida Condos, West Front Village, Dove Creek, and Vintage Homes, respectively. The CFD will assess the designated residential developments an annual charge of$440 per year ($36 per month), 'which is subject to an annual escalator, to pay for the service expansion needed to serve these additional residential units. The money collected can only be used to fund new public services authorized to be funded by the Mello-Roos Act and identified within the Rate and Method of Apportionment, and cannot be used to support existing services. DISCUSSION: Background: The City of Atascadero has established a policy as part of the General Plan that recognizes that determining the best use of land based solely on revenues to the City is not good public policy. The City developed its General Plan using good public land use policy and did not base land use policies simply to generate additional sales tax. Policies of this type promote the development of quality housing projects but they come at a cost. That cost is that new residential development must pay for new services that are in addition to those currently provided. Part of the General Plan requires: "All residential projects of 100 or more dwelling units shall be required to prepare a fiscal impact report prior to any discretionary approvals. The fiscal impact 72 ITEM NUMBER: B -3 DATE: 06/27/06 report shall analyze all revenues, service costs and facilities costs associated with a project. The City shall require the establishment of facilities districts and/or maintenance districts to cover revenue shortfalls on a project. In August 2003, the fiscal impact reports for Dove Creek and Woodridge became available. At the same time the City purchased a program (Taussig Study)to determine the fiscal impact of projects. As the magnitude of the "loss" on each residential unit became known, Council began to condition other residential development projects as well. Finally, the Council mandated that all residential development coming before them (regardless of size) be annexed into the Community Facilities District. Analysis: Tonight before Council are five Resolutions. After the close of each separate Annexation's Public Hearing, the City Council may adopt the respective Resolution, which officially establishes the annexation of territory to Community Facilities District 2005-1, submits the levy of tax to the qualified electors, and if approved authorizes the levy of special taxes within such Annexation. After these Resolutions have been adopted, the last step in the process is to record an amended notice of special tax lien with the San Luis Obispo County Recorder. Conclusion: The developments proposed for annexation into the CFD were all conditioned to be fiscally neutral through annexation into the CFD. If the establishments of the Annexations for CFD 2005-1 are not approved, the project(s) would not be able to meet their conditions of approval. ALTERNATIVES: Require the developer to meet the fiscal neutrality condition of approval through some other mechanism. ATTACHMENTS: 1. Draft Resolution A, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005-1 (Public Services), Annexation No.2 (Morro Road) 2. Draft Resolution B, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005-1 (Public Services), Annexation No. 3 (Tecorida) 3. Draft Resolution C, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005-1 (Public Services), Annexation No. 4 (West Front) 4. Draft Resolution D, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005-1 (Public Services), Annexation No. 5 (Dove Creek) 73 ITEM NUMBER: B -3 DATE: 06/27/06 5. Draft Resolution E, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2005-1 (Public Services), Annexation No. 6 (Vintage Homes) 74 DRAFT RESOLUTION A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), ANNEXATION NO. 2 (Morro Road/ Gearhart) WHEREAS, the City Council of the City of Atascadero (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982 being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Services) (the "District"); and, WHEREAS,the City Council has also established a procedure to allow and provide for future annexations to the District and the territory proposed to be so annexed in the future was designated as Community Facilities District No. 2005-1 (Public Services), Future Annexation Area(the "Future Annexation Area"); and WHEREAS, at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to the District has been received from the property owner or owners of such territory, and such territory has been designated as Annexation No. 2 ("Annexed Area No. 2"); and WHEREAS, there has not been at least twelve (12) registered voters residing within the territory of Annexed Area No. 2 for each of the ninety (90) days preceding June 27, 2006, therefore, pursuant to the Act the qualified electors of Annexed Area No. 2 shall be the "landowners" of Annexed Area No. 2 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of June 27, 2006 or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexed Area No. 2; and WHEREAS,the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexed Area No. 2 to the qualified electors of Annexed Area No. 2 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexed Area No. 2; and WHEREAS,the City Clerk of the City of Atascadero has caused ballots to be distributed to the qualified electors of Annexed Area No. 2, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as "Exhibit A" hereto and incorporated herein by this reference; and 75 WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing Annexed Area No. 2 and designated as Annexation No. 2 (the "Annexation Map"), a copy of which is attached as "Exhibit B" hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as "Exhibit C" hereto and incorporated herein by this reference, has been submitted to the City Council. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Atascadero as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Findings. This City Council does hereby determine as follows: A. The unanimous consent to the annexation of Annexed Area No. 2 to the District has been given by all of the owners of Annexed Area No. 2 and such consent shall be kept on file in the Office of the City Clerk. B. There has not been at least twelve (12) registered voters residing within the territory of Annexed Area No. 2 for each of the ninety (90) days preceding June 27, 2006 therefore, pursuant to the Act the qualified electors of Annexed Area No. 2 shall be the "landowners" of such Annexed, Area No. 2 as such term is defined in Government Code Section 53317(f). C. The qualified electors of Annexed Area No. 2 have unanimously voted in favor of the levy of special taxes within Annexed Area No. 2 upon its annexation to the District. Section 3. Annexed Area No. 2. The boundaries and parcels of territory within Annexed Area No. 2 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council. Section 4. Declaration Of Annexation. The City Council does hereby determine and declare that Annexed Area No. 2 is now added to and becomes a part of the District. The City Council, acting as the City Council of the District, is hereby empowered to levy the authorized special tax within Annexed Area No. 2. Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. 76 B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Tom O'Malley,Mayor ATTEST: Marcia McClure Torgerson,C.M.C., City Clerk APPROVED AS TO FORM: Patrick L.Enright, City Attorney 77 EXHIBIT A Certificate of Election Official and Statement of Votes Cast 78 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) ss. CITY OF ATASCADERO ) The undersigned, Election Council of the City of Atascadero, County of San Luis Obispo, State of California, does hereby certify that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ANNEXATION NO. 2 SPECIAL ELECTION in the City of Atascadero, held on June 27, 2006. I further certify that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 2005-1 (Public Services) of the City of Atascadero for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION A: YES NO VOTES CAST ON PROPOSITION B: YES NO WITNESS my hand this day of , 2006 City Clerk City of Atascadero 79 EXHIBIT B Annexation Map 80 W yy. tb _ so ZZ m O 8 C �p� LL Y� OOW 0 ao3�� F3ojp` oZ� �tC m U p Z z 18 LL r 0 3iN amgQ g w Ln w& �OZ$mr�u �Iwz $ O � � MII, z z , ,fi g z i N� J U O M J YV LU / a N vS U) K 0 m ZW a Z I- /V u Off -, W 1= UW �m ll. 0 aZ f Z � w Q z / O d O m 2� < Oa � w oQ ZU 0 < LL 0 _ 4T U CO 3^b It�'a2111� e a� w 8 e �Gm� 81 EXHIBIT C List of Properties to be Annexed 82 List of Properties to be Annexed APN s Landowner(s) 031-242-012 MORRO ROAD HOMES, LLC 83 DRAFT RESOLUTION B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), ANNEXATION NO. 3 (Tecorida / Gearhart) WHEREAS, the City Council of the City of Atascadero (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Services) (the "District"); and, WHEREAS,the City Council has also established a procedure to allow and provide for future annexations to the District and the territory proposed to be so annexed in the future was designated as Community Facilities District No. 2005-1 (Public Services), Future Annexation Area(the "Future Annexation Area"); and WHEREAS, at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to the District has been received from the property owner or owners of such territory, and such territory has been designated as Annexation No. 3 ("Annexed Area No. 3"); and WHEREAS, there has not been at least twelve (12) registered voters residing within the territory of Annexed Area No. 3 for each of the ninety (90) days preceding June 27, 2006, therefore, pursuant to the Act the qualified electors of Annexed Area No. 3 shall be the "landowners" of Annexed Area No. 3 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of June 27, 2006 or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexed Area No. 3; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexed Area No. 3 to the qualified electors of Annexed Area No. 3 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexed Area No. 3; and WHEREAS, the City Clerk of the City of Atascadero has caused ballots to be distributed to the qualified electors of Annexed Area No. 3, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as "Exhibit A"hereto and incorporated herein by this reference; and 85 WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing Annexed Area No. 3 and designated as Annexation No. 3 (the "Annexation Map"), a copy of which is attached as "Exhibit B" hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as "Exhibit C" hereto and incorporated herein by this reference, has been submitted to the City Council. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Atascadero as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Findings. This City Council does hereby determine as follows: A. The unanimous consent to the annexation of Annexed Area No. 3 to the District has been given by all of the owners of Annexed Area No. 3 and such consent shall be kept on file in the Office of the City Clerk. B. There has not been at least twelve (12) registered voters residing within the territory of Annexed Area No. 3 for each of the ninety (90) days preceding June 27, 2006 therefore, pursuant to the Act the qualified electors of Annexed Area No. 3 shall be the "landowners" of such Annexed Area No. 3 as such term is defined in Government Code Section 53317(f). C. The qualified electors of Annexed Area No. 3 have unanimously voted in favor of the levy of special taxes within Annexed Area No. 3 upon its annexation to the District. Section 3. Annexed Area No. 3. The boundaries and parcels of territory within Annexed Area No. 3 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council. Section 4. Declaration Of Annexation. The City Council does hereby determine and declare that Annexed Area No. 3 is now added to and becomes a part of the District. The City Council, acting as the City Council of the District, is hereby empowered to levy the authorized special tax within Annexed Area No. 3. Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. 86 B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Tom O'Malley,Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L.Enright,City Attorney 87 EXHIBIT A Certificate of Election Official and Statement of Votes Cast 88 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) ss. CITY OF ATASCADERO ) The undersigned, Election Council of the City of Atascadero, County of San Luis Obispo, State of California, does hereby certify that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ANNEXATION NO. 3 SPECIAL ELECTION in the City of Atascadero, held on June 27, 2006. I further certify that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 2005-1 (Public Services) of the City of Atascadero for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION A: YES NO VOTES CAST ON PROPOSITION B: YES NO WITNESS my hand this day of , 2006 City Clerk City of Atascadero 89 EXHIBIT B Annexation Map 90 S2 ¢ w a �- m � �LL10 o m V 8 m I �� �m Z a cc g Hun � a 8 $ _ X30 € o Z WN IOU 0 ioaz n P N U O �, s W M M co o 9999 Q NZ W J N N N N A' yW0000 O (n ti Q0 ".o Z w a IL z f'- O —� a� z H U LU MW w i. LL,-NMa LL U U a' `J z w > z W Z cwo D a2 U- U s �. O m `o v� LU 0 Q o z U z s =OQ Q m Q L c6 — tL w --iA�pA A O NP U CO CO c 91 EXHIBIT C List of Properties to be Annexed 92 List of Properties to be Annexed APN(s) Landowner(s) 030-213-011 GEARHART KELLY V & TAMARA 030-213-012 GEARHART KELLY V & TAMARA 030-213-013 GEARHART KELLY V & TAMARA 030-213-014 GEARHART KELLY V & TAMARA 93 DRAFT RESOLUTION C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), ANNEXATION NO. 4 (West Front /West Front Village, LLC) WHEREAS, the City Council of the City of Atascadero (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended, said Article 3.5 thereof. The existing Community Facilities District beingdesignated as Community Facilities District No. 2005-1 (Public Services) (the"District"); and, WHEREAS,the City Council has also established a procedure to allow and provide for future annexations to the District and the territory proposed to be so annexed in the future was designated as Community Facilities District No. 2005-1 (Public Services), Future Annexation Area(the "Future Annexation Area"); and WHEREAS,at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to the District has been received from the property owner or owners of such territory, and such territory has been designated as Annexation No. 4 ("Annexed Area No. 4"); and WHEREAS,there has not been at least twelve (12) registered voters.residing within the territory of Annexed Area No. 4 for each of the ninety (90) days preceding June 27, 2006, therefore, pursuant to the Act the qualified electors of Annexed Area No. 4 shall be the "landowners" of Annexed Area No. 4 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of June 27, 2006 or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexed Area No. 4; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexed Area No. 4 to the qualified electors of Annexed Area No. 4 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexed Area No. 4; and WHEREAS, the City Clerk of the City of Atascadero has caused ballots to be distributed to the qualified electors of Annexed Area No. 4, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas,a copy of which is attached as "Exhibit A"hereto and incorporated herein by this reference; and 95 WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing Annexed Area No. 4 and designated as Annexation No. 4 (the "Annexation Map"), a copy of which is attached as "Exhibit B" hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as "Exhibit C" hereto and incorporated herein by this reference, has been submitted to the City Council. NOW, THEREFORE,BE IT RESOLVED, determined and ordered by the City Council of the City of Atascadero as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Findings. This City Council does hereby determine as follows: A. The unanimous consent to the annexation of Annexed Area No. 4 to the District has been given by all of the owners of Annexed Area No. 4 and such consent shall be kept on file in the Office of the City Clerk. B. There has not been at least twelve (12) registered voters residing within the territory of Annexed Area No. 4 for each of the ninety (90) days preceding June 27, 2006 therefore, pursuant to the Act the qualified electors of Annexed Area No. 4 shall be the "landowners" of such Annexed Area No. 4 as such term is defined in Government Code Section 53317(f). C. The qualified electors of Annexed Area No. 4 have unanimously voted in favor of the levy of special taxes within Annexed Area No. 4 upon its annexation to the District. Section 3. Annexed Area No. 4. The boundaries and parcels of territory within Annexed Area No. 4 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council. Section 4. Declaration Of Annexation. The City Council does hereby determine and declare that Annexed Area No. 4 is now added to and becomes a part of the District. The City Council, acting as the City Council of the District, is hereby empowered to levy the authorized special tax within Annexed Area No. 4. Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. 96 B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Tom O'Malley,Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L.Enright, City Attorney 97 EXHIBIT A Certificate of Election Official and Statement of Votes Cast 98 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) ss. CITY OF ATASCADERO ) The undersigned, Election Council of the City of Atascadero, County of San Luis Obispo, State of California, does hereby certify that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ANNEXATION NO. 4 SPECIAL ELECTION in the City of Atascadero, held on June 27, 2006. I further certify that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 2005-1 (Public Services) of the City,of Atascadero for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION A: YES NO VOTES CAST ON PROPOSITION B: YES NO WITNESS my hand this day of , 2006 City Clerk City of Atascadero 99 EXHIBIT B Annexation Map 1-00 ddS mtl �^$ � ��� �° 0 LWI. LLJ LLJ �$ g � W Y ON W S. F-�I o� S � $ 8 8z Q LL LU N ffi 1 f5 I $c3 88 -j Ha w �Qy811�d wgw g r U O � F- 0 Cn zW z � Q _I I-- U W W > 000 ZO yzM�m Q z r� W Ed a� 000 a O J U a. It w Q O LL LL. LL.m r N M O LU O � Z r a W F- Z (� O Z U QLL =) m O ¢ _ Q _ O RD QOR�OIA —�`` .co � U ti 101 EXHIBIT C List of Properties to be Annexed 102 List of Properties to be Annexed APN s Landowner(s) 056-131-017 WEST FRONT VILLAGE, LLC 056-131-018 WEST FRONT VILLAGE, LLC 056-131-019 WEST FRONT VILLAGE, LLC 103 DRAFT RESOLUTION D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), ANNEXATION NO. 5 (Dove Creek/ Centex) WHEREAS, the City Council of the City of Atascadero (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Services) (the ."District"); and, WHEREAS,the City Council has also established a procedure to allow and provide for future annexations to the District and the territory proposed to be so annexed in the future was designated as Community Facilities District No. 2005-1 (Public Services), Future Annexation Area(the "Future Annexation Area"); and WHEREAS, at this time the unanimous consent to the annexation of certain -territory within the Future Annexation Area to the District has been received from the property owner or owners of such territory, and such territory has been designated as Annexation No. 5 ("Annexed Area No. 5"); and WHEREAS,.there has not been at least twelve (12) registered voters residing within the territory of Annexed Area No. 5 for each of the ninety (90) days preceding June 27, 2006, therefore, pursuant to the Act the qualified electors of Annexed Area No. 5 shall be the "landowners" of Annexed Area No. 5 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of June 27, 2006 or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexed Area No. 5; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexed Area No. 5 to the qualified electors of Annexed Area No. 5 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexed Area No. 5; and WHEREAS, the City Clerk of the City of Atascadero has caused ballots to be distributed to the qualified electors of Annexed Area No. 5, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as "Exhibit A hereto and incorporated herein by this reference; and 105 WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS,a map showing Annexed Area No. 5 and designated as Annexation No. 5 (the "Annexation Map"), a copy of which is attached as "Exhibit B" hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as "Exhibit C" hereto and incorporated herein by this reference, has been submitted to the City Council. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Atascadero as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Findings. This City Council does hereby determine as follows: A. The unanimous consent to the annexation of Annexed Area No. 5 to the District has been given by all of the owners of Annexed Area No. 5 and such consent shall be kept on file in the Office of the City Clerk. B. There has not been at least twelve (12) registered voters residing within the territory of Annexed Area No. 5 for each of the ninety (90) days preceding June 27, 2006 therefore,pursuant to the Act the qualified electors of Annexed Area No. 5 shall be the "landowners" of such Annexed Area No. 5 as such term is defined in Government Code Section 53317(f). C. The qualified electors of Annexed Area No. 5 have unanimously voted in favor of the levy of special taxes within Annexed Area No. 5 upon its annexation to the District. Section 3. Annexed Area No. 5. The boundaries and parcels of territory within Annexed Area No. 5 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council. Section 4. Declaration Of Annexation. The City Council does hereby determine and declare that Annexed Area No. 5 is now added to and becomes a part of the District. The City Council, acting as the City Council of the District, is hereby empowered to levy the authorized special tax within Annexed Area No. 5. Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. 106 L B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES ABSENT: ADOPTED: CITY OF ATASCADERO By: Tom O'Malley,Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 107 EXHIBIT A Certificate of Election Official and Statement of Votes Cast 108 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) ss. CITY OF ATASCADERO ) The undersigned, Election Council of the City of Atascadero, County of San Luis Obispo, State of California, does hereby certify that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ANNEXATION NO. 5 SPECIAL ELECTION in the City of Atascadero, held on June 27, 2006. I further certify that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 2005-1 (Public Services) of the City of Atascadero for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION A: YES NO VOTES CAST ON PROPOSITION B: YES NO WITNESS my hand this day of , 2006 City Clerk City of Atascadero 109 EXHIBIT B Annexation Map 110 N � W iq Nj witrt r Z W 0 Mug! ��� ��g �o � �g U. t Hip W SZW j� O� `Y Fj.��Jlll � O LL 3 m- . mit LU oll momo�m FO H U O s tc) Cf) o O m ti 'li Z W Z Q J A � QW "_ � QZC/) ^o LL C) 0 0 0 Zi x QOU � O 0 N O ui 9 g q 99999999 Q Q 266 6 0� "� ,62 Q 0 �• W 200000000 W � QLLI m Q W LL d Z Oa O V LJ � U O LZ O _ (� �4 EXHIBIT C List of Properties to be Annexed 112 List of Properties to be Annexed APN s Landowner(s) 045-331-002 CENTEX HOMES 045-331-004 CENTEX HOMES 045-342-001 CENTEX HOMES 045-342-002 CENTEX HOMES 045-342-003 CENTEX HOMES 045-342-004 CENTEX HOMES 045-342-005 CENTEX HOMES 045-342-013 CENTEX HOMES 045-352-005 CENTEX HOMES 045-381-010 CENTEX HOMES 113 DRAFT RESOLUTION E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), ANNEXATION NO. 6 (Vintage Homes / Phillips) WHEREAS, the City Council of the City of Atascadero (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Services) (the "District"); and, WHEREAS,the City Council has also established a procedure to allow and provide for future annexations to the District and the territory proposed to be so annexed in the future was designated as Community Facilities District No. 2005-1 (Public Services), Future Annexation Area(the "Future Annexation Area"); and WHEREAS, at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to the District has been received from the property owner or owners of such territory, and such territory has been designated as Annexation No. 6 ("Annexed Area No. 6"); and WHEREAS, there has not been at least twelve (12) registered voters residing within the territory of Annexed Area No. 6 for each of the ninety (90) days preceding June 27, 2006, therefore, pursuant to the Act the qualified electors of Annexed Area No. 6 shall be the "landowners" of Annexed Area No. 6 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of June .27, 2006 or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexed Area No. 6; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexed Area No. 6 to the qualified electors of Annexed Area No. 6 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexed Area No. 6; and WHEREAS, the City Clerk of the City of Atascadero has caused ballots to be distributed to the qualified electors of Annexed Area No. 6, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as "Exhibit A"hereto and incorporated herein by this reference; and 115 WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing Annexed Area No. 6 and designated as Annexation No. 6 (the "Annexation Map"), a copy of which is attached as "Exhibit B" hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as `Exhibit C" hereto and incorporated herein by this reference, has been submitted to the City Council. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Atascadero as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Findings. This City Council does hereby determine as follows: A. The unanimous consent to the annexation of Annexed Area No. 6 to the District has been given by all of the owners of Annexed Area No. 6 and such consent shall be kept on file in the Office of the City Clerk. B. There has not been at least twelve (12) registered voters residing within the territory of Annexed Area No. 6 for each of the ninety (90) days preceding June 27, 2006 therefore, pursuant to the Act the qualified electors of Annexed Area No. 6 shall be the "landowners" of such Annexed Area No. 6 as such term is defined in Government Code Section 53317(f). C. The qualified electors of Annexed Area No. 6 have unanimously voted in favor of the levy of special taxes within Annexed Area No. 6 upon its annexation to the District. Section 3. Annexed Area No. 6. The boundaries and parcels of territory within Annexed Area No. 6 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council. Section 4. Declaration Of Annexation. The City Council does hereby determine and declare that Annexed Area No. 6 is now added to and becomes a part of the District.The City Council, acting as the City Council of the District, is hereby empowered to levy the authorized special tax within Annexed Area No. 6. Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. 116 B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Tom O'Malley,Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L.Enright,City Attorney 117 EXHIBIT A Certificate of Election Official and Statement of Votes Cast 118 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) ss. CITY OF ATASCADERO ) The undersigned, Election Council of the City of Atascadero, County of San Luis Obispo, State of California, does hereby certify that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF ATASCADERO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) ANNEXATION NO. 6 SPECIAL ELECTION in the City of Atascadero, held on June 27, 2006. I further certify that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 2005-1 (Public Services) of the City of Atascadero for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION A: YES NO VOTES CAST ON PROPOSITION B: YES NO WITNESS my hand this day of , 2006 City Clerk City of Atascadero 119 EXHIBIT B Annexation Map 120 N W Z LLI � � � aww0Zd 1 00O LL to w ffi$ix! i 1 sg PES o gg IswF-H 1 ami m Z g tq� fyyppf��22 � U 0w cp Q \ / 0 J V Z W Z ul) _ w444 0 J /-% KD N N N V L NZ H 000 N QLL W w U_ N N Q w> LU Z LL Z W Q Z LL g N N C z IL LL U 76 0 � -' od m � QOa o� r� w o ¢ O Q Pio mLLa 0 U p`4 121 EXHIBIT C List of Properties to be Annexed 122 List p of Properties to be Annexed APN s Landowner(s) 030-281-014 PHILLIPS BILLY R II & JEANNE 030-281-015 CALIBER HOME DEVELOPMENTS INC 030-281-016 CALIBER HOME DEVELOPMENTS INC i 123 ITEM NUMBER: C- 1 DATE: 06/27/06 iais o 1e78 Atascadero City Council Staff Report- Administrative Services Department City Council Strategic Initiative - Improve the City's Financial Condition - Consideration of Sales Tax Increase RECOMMENDATIONS: Council: 1. Review and approve the Draft Sales Tax Ordinance language; and, 2. Submit to the voters a sales tax ballot measure and advisory measures. DISCUSSION: At the May 23, 2006 City Council meeting, the Council directed staff on a 4-1 vote to return to the Council with an ordinance placing a question on the November 2006 ballot to raise the sales tax rate. The measure was to include a sunset provision, a citizen oversight committee and an advisory measure. The ordinance presented this evening is in draft form and would need to be adopted by 2/3 of the Council if a majority of Atascadero voters vote in favor of the sales tax increase. The Ordinance includes the establishment of a five member Citizen Oversight Committee. The committee is charged with reviewing the way the proceeds from the tax increase are spent and must meet at least once per year. The Council also directed staff to prepare language for an advisory measure on street maintenance. Advisory measure language has been prepared for the ballot. The advisory language is as follows: ADVISORY VOTE ONLY. (#1) If the proposed sales tax measure (Measure ) is approved, should at least 2/3 of the proceeds be used to fund road rehabilitation, construction and maintenance with the remaining balance being allocated for fire, police and other general governmental purposes? 125 ITEM NUMBER: C-1. DATE: 06/27/06 The two-thirds number mentioned in the language assures that at least $1,000,000 (if at '/2 cent rate) of the new tax money would go towards road maintenance. Staff would like additional direction on the wording of the advisory measure. Opinion of the Board of Equalization Staff from the Board of Equalization, the agency that collects sales taxes in the state of California, has issued the opinion that the "general purpose" status of the sales tax may be in question with such a specific advisory measure and the creation of an oversight committee. If the tax isn't "general purpose" a 2/3 vote would be required to enact it. The agency is suggesting that the oversight committee be removed and the advisory measure be restated to suggest that funds be used for roads without a specific amount being stated for road improvements and police and fire services (the 2/3 language). Such language would look like: Advisory Measures: ALTERNATIVE LANGUAGE. ADVISORY VOTE ONLY. (#2) If the proposed sales tax measure (Measure ) is approved, should a portion of the proceeds be used to fund road rehabilitation, construction and maintenance? ADVISORY VOTE ONLY. (#3) If the proposed sales tax measure (Measure ) is approved, should a portion of the proceeds be used to fund improvements to police, fire and paramedic services? Ballot Language The ballot language included in the sales tax ordinance is as follows: (#1) ATASCADERO PUBLIC SERVICES PRESERVATION MEASURE. Shall the City of Atascadero enact a one-half cent sales tax for a period of six years to help preserve the safety and character of Atascadero, by funding essential services such as road maintenance, firelpolice services, as well as other general governmental purposes, with a requirement to publish an annual report on the expenditures of the General fund, and establishing a` Citizens Oversight Committee to review sales tax expenditures? If the Council chooses to remove the citizen oversight committee from the ordinance, there are still ways to ensure accountability. Language could be placed into the ballot question that commits to an annual reporting of general fund expenses and requiring a review on the tax every three years. 126 ITEM NUMBER: C- 1 DATE: 06/27/06 Ballot Measure: ALTERNATIVE LANGUAGE (#2) ATA PUBLIC SERVICES PRESERVATION MEASURE. Shall the City SCADER 0 of Atascadero enact a one-half cent sales tax for a period of six years to help preserve the safety and character of Atascadero, by funding essential services such as road maintenance, fire/police services, and other general governmental purposes, requiring a published annual report on General Fund expenditures, and requiring a public hearing by the City Council every three years to determine whether the tax is still necessary? Other Options To Consider Sales Tax Rate During the Council discussion at the May 23, 2006 meeting, the Council wanted to continue comment on whether the tax proposal that went forward would be for 1/a cent or 1/2 cent. A 1/4 cent proposal would generate approximately $900,000 while a 1/2 cent proposal would generate approximately $1,800,000. The amount of the increase proposed in the ballot language is up to the City Council but it must be in 1/a cent increments. Staff would like additional direction on the rate of the proposed sales tax. Sunset Clause . The Council expressed support for incorporating a sunset clause into the tax measure. A sunset clause is language that terminates the tax after a certain date unless it is reauthorized by the voters. The sunset language included in the tax ordinance is as follows: Section 3-15.17. TERMINATION DATE. The authority to levy the tax imposed by this ordinance shall expire six years from the operative date of this ordinance. Staff is looking for direction as to whether the tax will sunset after four, five, or six years. FISCAL IMPACT: The total cost of placing the measures on the ballot is estimated to be approximately $3,000, which would need to be appropriated from the General Fund balance. ALTERNATIVES: 1. Do not pursue an increase to the sales tax rate. 2. Ask staff for additional information. ATTACHMENTS: Draft Ordinance 127 ITEM NUMBER: C- 1 DATE: 06/27/06 DRAFT ORDINANCE AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 3-15 TO TITLE 3 OF THE ATASCADERO MUNICIPAL CODERELATING TO A TRANSACTIONS AND USE TAX TO BEADMINISTERED BY THE STATE BOARD OF EQUALIZATION (SIX-YEAR SUNSET. CITIZENS OVERSIGHT COMMITTEE) The City Council of the City of Atascadero ordains as follows: Section 1.Authority. The City Council enacts this ordinance in accordance with the authority granted to cities by Article XI, Section 7, of the California Constitution. Section 2.Addition of Chapter. Chapter 3-15 is hereby added to Title 3 of the Atascadero Municipal Code. Section 3-15.01. TITLE, CITY AND TERRITORY. This Chapter shall be known as the City of Atascadero Transactions and Use Tax Ordinance. The City of Atascadero hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City. Section 3-15.02. OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the later of the adoption of this ordinance and chapter, the date of such adoption being as set forth below, and the approval of the voters of the City of a measure approving the imposition of the transaction and use tax set forth herein; provided that if the City shall not have entered into a contract with the State Board as required herein prior to such date, the Operative date shall be the first day of the first calendar quarter following execution of such a contract. Section 3-15.03. PURPOSE. The purpose of this chapter is to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part-1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the qualified voters of the City voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, 128 ITEM NUMBER: C- 1 DATE: 06/27/06 the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time,minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. Section 3-15.04. CONTRACT WITH STATE. Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. Section 3-15.05. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one half of one percent 0.5% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City on and after the operative date of this ordinance. Section 3-15.06. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. Section 3-.15.07. USE TAX RATE. An excise tax is hereby imposed on the storage, use Or other consumption in the incorporated territory of the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in the City at the rate of one-half of one percent 0.5% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. Section 3-15.08. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and Chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance and Chapter as though fully set forth herein. Section 3-15.09. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: 129 ITEM NUMBER: C- 1 DATE: 06/27/06 A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefore. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code,or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. Section 3-15.10. PERK 1T NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. Section 3-15.11. EXEMPTIONS AND EXCLUSIONS. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the County in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or 130 ITEM NUMBER: C-1 DATE: 06/27/06 property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales ofro ert to be used outside the City which is shipped to a point P P Y outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by_a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for-a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposes of subsections (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States,.or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 131 ITEM NUMBER: C- 1 DATE: 06/27/06 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subsections (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. Section 3-15.12 CITIZENS OVERSIGHT COMMITTEE. A. Citizens Oversight Committee Established. There shall be a permanent citizens' advisory committee called the "Citizens Oversight Committee (hereinafter "Committee"), which shall annually review revenues and expenditures from the collection of the tax. B. Committee Membership. The Committee shall have 5 citizen-members appointed by the City Council. Appointees shall be residents of the City; however, no member of the Committee shall be an elected official. C. Committee Organization Procedures. ' The committee shall select one of its members as Chairperson. The Committee shall follow the rules of procedure of the City unless and until, upon the report and recommendation from the Committee, the City Council adopts a specific set of procedural rules for the Committee. D. Regular Meeting; Provision of Support Services and Information. The Committee shall be subiect to the provisions of the Brown Act (California Government Code sections 132 ITEM NUMBER: C- 1 DATE: 06/27/06 54950 et seg.) and shall meet at least once each calendar year. A regular meeting schedule shall be determined in accordance with the Brown Act and thereafter meetings shall be noticed by the City Clerk The City Manager or his/her designee shall serve as executive staff to the Committee. In addition to receiving materials directly related to the functioning of the Committee, the Committee members shall also receive all agenda material and other primary staff reports (other than those which are confidential)as are provided to the City Council. E. Citizens Oversight Committee Functions. The Committee shall have the following unction: 1. Annual Report: The Committee shall review an annual expense report of the City relative to activities funded with the additional general purpose local sales tax monies. Not later than the last day of the sixth month following the end of the each City fiscal year, the Committee will present its findings and conclusions to the City Council for its review. Section 3-15.13. AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. Section 3-15.14. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance,or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. Section 3-15.15. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 3-15.16. EFFECTIVE DATE. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately and shall be published within 15 days after adoption in a paper of general circulation published and circulated within the City of Atascadero. Section 3-15.17. TERMINATION DATE. The authority to levy the tax imposed by this ordinance shall expire six years from the operative date of this ordinance. 133 ITEM NUMBER: C-1 DATE: 06/27/06 PASSED AND ADOPTED by the City Council of the City or Atascadero, State of California, on by the following vote: AYES NOES ABSENT: CITY OF ATASCADERO Tom O'Malley, Mayor Attest: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L.Enright, City Attorney 134 ITEM NUMBER: C-2 DATE: 06/27/06 _p ■A � i 1919 1978 Atascadero City Council Staff Report - City Clerk General Municipal Election November 7, 2006 (The City Council must adopt resolutions to initiate the election process, to combine our election with the County, to call a special election to fill the position vacated by Council Member Scalise, and to submit to the voters a sales tax ballot measure and advisory measures.) RECOMMENDATIONS: A. Council adopt the following .Resolutions for the purpose of electing three members to the City Council,a City Clerk, and a City Treasurer: 1. Draft Resolution A, calling and giving notice of the, holding of a General Municipal Election to be held on Tuesday, November 7 2006; and, 2. Draft Resolution B, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal "Election to be held on November 7, 2006; and, 3. Draft Resolution C, calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, November 7, 2006; and, 4. Draft Resolution D, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a Special Municipal Election to be held on November 7, 2006. B. Council adopt the following Resolutions for the purpose of electing three members to the City Council, a City Clerk, and a City Treasurer; and to submit to the voters a sales tax ballot measure and advisory measures: 1. Draft Resolution C, calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, November 7, 2006; and, 135 ITEM NUMBER: C-2 DATE: 06/27/06 2. Draft Resolution D, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a Special Municipal Election to be held on November 7, 2006; and, 3. Draft Resolution E, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 2006; and, 4. Draft Resolution F, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 7, 2006; and, 5. Draft Resolution G, setting priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis; and, 6. Draft Resolution H, providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections. DISCUSSION: The General Municipal Election will be held on Tuesday, November 7, 2006. The terms of two Council Members, Tom O'Malley and Becky Pacas will expire in November 2006. Also, the terms of City Clerk Marcia McClure Torgerson and City Treasurer Joe Modica expire in November 2006. The City Council must adopt a resolution to initiate the election process. Also, to combine our election with the County, the Council must adopt a resolution requesting consolidation with the County. Special Election to Fill Council Vacancy Council Member Wendy Scalise resigned effective May 29, 2006, leaving a vacancy with an unexpired term of two years. The City Council, at their June 5, 2006 Strategic Planning Workshop, called for a Special Election to fill this vacancy. The Special Election shall be held on the next regularly established election date not less than 114 days from the call of the Special Election. The General Municipal Election of November 7, 2006, meets this requirement. Ballot Measure for Proposed Sales Tax Increase The City Council has considered placing a ballot measure on the November 7, 2006 ballot, proposing a sales tax increase. If the Council has decided to go ahead with this ballot measure, specific language needs to be included in the Election Resolutions to clarify for the San Luis Obispo County Clerk-Recorder the requested wording for the November 7, 2006 ballots. The City Council and/or registered voters may file with the City Clerk written arguments in opposition or in favor of the ballot measure. The City Clerk has fixed July 11 , '2006 as the last day for submitting arguments for and against the ballot measure, and the impartial analysis by the City Attorney. This will allow ample time for the 10-calendar- day public examination period,. translation, typesetting, printing and submission to the 136 ITEM NUMBER: C-2 DATE: 06/27/06 County. A notice of this deadline will be posted on the front window of City Hall. A Resolution setting the priorities for the filing of written arguments and directing the City Attorney to prepare an impartial analysis will need to be adopted (draft Resolution G). Also, the adoption of a Resolution providing for the filing of rebuttal arguments for the ballot measure is required (draft Resolution H). FISCAL IMPACT: The General Municipal Election is estimated to cost approximately $20,000.00. The addition of the third Council Member on the ballot is minimal. However, the addition of the ballot measure, and advisory measure(s), is approximately $3,000.00. ATTACHMENTS: Draft Resolutions 137 DRAFT RESOLUTION A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 7, 2006, for the election of Municipal Officers; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,DOES RESOLVE,DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Atascadero, California on Tuesday, November 7, 2006, a General Municipal Election for the purpose of electing two Members of the City Council for the full term of four years; a City Clerk for the full term of four years; and a City Treasurer for the full term of four years. SECTION 2. That the ballots to be used at the election shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in § 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 138 City of Atascadero Draft Resolution A Page 2 On motion by and seconded by the foregoing Resolution is hereby adopted on the following roll call vote: AYES: NOES ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C. City Clerk Tom O'Malley, Mayor APPROVED AS TO FORM: iPatrick L.Enright, City Attorney 139 DRAFT RESOLUTION B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 20069 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS 'CODE WHEREAS, the City Council of the City of Atascadero, called a General Municipal Election to be held on November7, 2006, for the purpose of the election of two Members of the City Council, a City Clerk, and a City Treasurer, for a term of four years each; and, WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of San Luis Obispo canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES RESOLVE,DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree to the consolidation of a General Election with the Statewide General election on Tuesday, November 7, 2006, for the purpose of the election of two Members of the City Council, a City Clerk, and a City Treasurer for a term of four years each. SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of Atascadero recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of San Luis Obispo. 140 City of Atascadero Draft Resolution B Page 2 SECTION6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. On motion by and seconded by , the foregoing Resolution is hereby adopted on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C., City Clerk Tom O'Malley,Mayor APPROVED AS TO FORM: Patrick L.Enright, City Attorney 141 DRAFT RESOLUTION C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006,FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a Special Municipal Election shall be held on November 7, 2006, for the election of Municipal Officers; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES RESOLVE, DECLARE,DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of.the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Atascadero, California on Tuesday, November 7, 2006, a Special Municipal Election for the purpose of electing one Member of the City Council for the unexpired term of two years. SECTION 2. That the ballots to be used at the election shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that maybe necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in § 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. On motion by and seconded by the foregoing Resolution is hereby adopted on the following roll call vote: 142 City of Atascadero Draft Resolution C Page 2 AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C. City Clerk Tom O'Malley, Mayor APPROVED AS TO FORM: Patrick L.Enright,City Attorney 143 DRAFT RESOLUTION D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 20069 WITH THE STATEWIDE GENERAL ELECTION TO BE ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Atascadero, called a Special Municipal Election to be held on November 7, 2006, for the purpose of the election of one Member of the City Council for an unexpired term of two years; and, WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide General election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of San Luis Obispo canvass the returns of the Special Municipal Election and that the election be in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree to the consolidation of a Special Election with the Statewide General election on Tuesday, November 7, 2006, for the purpose of the election of one Member of the City Council for an unexpired term of two years. SECTION 2. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of Atascadero recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of San Luis Obispo. 144 City of Atascadero Draft Resolution D Page 2 SECTION6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. On motion by and seconded-by , the foregoing Resolution is hereby adopted on the following roll call vote: AYES NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C„ City Clerk Tom O'Malley,Mayor APPROVED AS TO FORM: Patrick L. Enright, City Attorney 145 DRAFT RESOLUTION E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 7, 20069 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS QUESTIONS RELATING TO INCREASED SALES TAX WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 7, 2006, for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at the election questions relating to increased sales tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,DOES RESOLVE, DECLARE,DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Atascadero, California on Tuesday, November 7, 2006, a General Municipal Election for the purpose of electing two Members of the City Council for the full term of four years; a City Clerk for the full term of four years; and a City Treasurer for the full term of four years. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following questions: Yes No Yes No 146 City of Atascadero Draft Resolution E Page 2 Yes No SECTION 3. That the proposed complete text of the Ordinance submitted to the voters is attached as Exhibit A. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed,except as provided in § 14401 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided bylaw for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. On motion by and seconded by the foregoing Resolution is hereby adopted on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO 147 City of Atascadero Draft Resolution E Page 3 Marcia McClure Torgerson, C.M.C.City Clerk Tom O'Malley, Mayor APPROVED AS TO FORM: Patrick L. Enright, City Attorney s 148 DRAFT RESOLUTION F A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 20069 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Atascadero, called a General Municipal Election to be held on November 7, 2006, for the purpose of the election of two Members of the City Council, a City Clerk, and a City Treasurer, for a term of four years each;and, WHEREAS, the City Council is submitting to the voters questions relating to increased sales tax; and, WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of San Luis Obispo canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree to the consolidation of a General Election with the Statewide General election on Tuesday, November 7, 2006, for the purpose of the election of two Members of the City Council, a City Clerk, and a City Treasurer for a term of four years each. SECTION 2. That the measures are to appear on the ballot as follows: Yes No 149 City of Ataseadero Draft Resolution F Page 2 Yes No Yes No SECTION 3. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 4. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. That the City of Atascadero recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors andthecounty election department of the County of San Luis Obispo. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. On motion by and seconded by the foregoing Resolution is hereby adopted on the following roll call vote: AYES: NOES ABSENT: ADOPTED: 150 City of Atascadero Draft Resolution F Page 3 ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C., City Clerk Tom O'Malley, Mayor APPROVED AS TO FORM: Patrick L. Enright, City Attorney 151 DRAFT RESOLUTION G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a General Municipal Election is to be held in the City of Atascadero, California, on November 7, 2006, at which there will be submitted to the voters the following measure: If the proposed sales tax measure (Measure --) is approved, should at least 2/3 of the proceeds be used to fund road rehabilitation,construction and maintenance with the remaining balance being allocated for fire,police and other general purposes? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES RESOLVE,DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes Tom O'Malley, Council Member in Favor Terry Clay, Sr., Council Member in Favor Becky Pacas, Council Member in Favor George Luna, Council Member in Favor members of that body, to file a written argument regarding the City measure as specified above, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the city attorney, the city clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. On motion by and seconded by , the foregoing Resolution is hereby adopted on the following roll call vote: 152 City of Ataseadero Draft Resolution G Page 2 AYES NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C.City Clerk Tom O'Malley, Mayor APPROVED AS TO FORM: Patrick L. Enright,City Attorney 153 DRAFT RESOLUTION H A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, § 9220 and 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,DOES RESOLVE, DECLARE,DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk,not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument,which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election after that time. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. On motion by and seconded by the foregoing Resolution is hereby adopted on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: 154 City of Atascadero Draft Resolution H Page 2 ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C., City Clerk Tom O'Malley, Mayor APPROVED AS TO FORM: Patrick L. Enright, City Attorney 155