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HomeMy WebLinkAboutAgenda Packet 07/27/2004 1918 1979 CITY OF ATASCADERO . CITY COUNCIL AGENDA TUESDAY, JULY 279 2004 7:00 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California • REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a. Conference with legal counsel - Existing litigation (Govt. Code Sec. 54956.9 (a)) 1. Creekside Associates v. City of Atascadero 3. Adjourn 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Luna • (Police Explorers will present the flag) ROLL CALL: Mayor Luna Mayor Pro Tem Scalise Council Member Clay Council Member O'Malley Council Member Pacas INTRODUCTIONS: COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council • Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council 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 — June 8, 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the meeting of June 8, 2004. (City Clerk) 2. City Council Special Closed Session Meeting Minutes — June 11, 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the special closed session meeting of June 11, 2004. (City Clerk) • • 3. City Council Strategic Planning Meeting Minutes —June 12, 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the strategic planning meeting of June 12, 2004. (City Clerk) 4. May Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for May 2004. (City Treasurer) 5. June 2004 Accounts Payable and Payroll ■ Fiscal Impact: $2,267,009.54. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for June 2004. (Administrative Services) 6. 2004-2005 Annual Spending Limit ■ Fiscal Impact: None. ■ Recommendation: Council adopt the attached draft Resolution, establishing the annual spending limit for fiscal year 2004-2005. (Administrative Services) 7. Conflict of Interest Code Review ■ Fiscal impact: None. ■ Recommendation: Council adopt the draft Resolution, updating and amending the Conflict of Interest Code for the City of Atascadero. (City Clerk) 8. Land Lease Agreement —Atascadero Chamber of Commerce • Fiscal Impact: $20,000 revenue over the 20-year term of the Lease. ■ Recommendation: Council approve the draft Resolution approving Land Lease Agreement between the City of Atascadero and the Atascadero Chamber of Commerce, and authorize City Manager to execute the Agreement. (City Manager) 9. Labor Agreements ■ Fiscal Impact: Total increased cost is 3% of salary for fiscal year (included in 2004-2005 budget). ■ Recommendations: Council: 1. Adopt draft Resolution, authorizing salaries and benefits for Non- Represented Professional and Management Workers and Confidential Employees; and, 2. Approve modification to labor agreements for all employee groups; and, 3. Approve Addendum to City Manager Employment Agreement; and, • 4. Approve the Salary Schedule, effective July 1, 2004.(City Manager) • 10. City Council Strategic Planning Notes ■ Fiscal Impact: None. ■ Recommendation: Council receive and file the Council's Strategic Planning Notes for June 2004. (City Manager) 11. General Plan Amendment 2004-0012/Zone Change 2004-0079: Amendment of Second Residential Unit Regulations in Single-Family Zoning Districts ■ Fiscal Impact: Unknown. ■ Recommendation: Council adopt on second reading, by title only, the draft Ordinance for Zone Change 2004-0079 enacting an amendment of second residential unit regulations in single-family zoning districts. (Community Development) 12. Request to Place Memorial Bench at Atascadero Lake Park ■ Fiscal Impact: None. ■ Recommendation: Council approve a request by Arlene Jamar to install a Memorial Bench at Atascadero Lake Park in honor of Angel John and Ruth Jamar. (Public Works) 13. Morro Road Mixed-Use General Plan Amendment 2004-0013 Planned Development Zone Code Text 2004-0081, Mixed—Use Planned Development Zone Change 2004-0081, Master Plan of Development (CUP 2004-0128) (8315 Morro Rd./Rick Mathews). ■ Fiscal Impact: The project would likely have a slight negative impact on City Revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. However, a condition has been added that the project utilize Taussig study models to assess fiscal impacts on City services related to the residential portion of the site, (Condition 18). ■ Recommendations: Council: 1. Adopt on second reading, by title only, draft Ordinance A approving Zone Text Change 2004-0080 based on findings; and 2. Adopt on second reading, by title only, draft Ordinance B approving Zone Change 2004-0081 based on findings. (Community Development) 14. State Relinquishment of Excess Right-of-Way on EI Camino Real ■ Fiscal Impact: Minimal ■ Recommendation: Council authorize the Mayor to execute the Cooperative Agreement with the State of California providing for relinquishment of a portion of EI Camino Real. [Public Works] • B. PUBLIC HEARINGS: 1. Zone Code Text Amendment Zone Change 2003-0042 ■ Fiscal Impact: None ■ Recommendation: Planning Commission recommends Council introduce for first reading, by title only, the draft Ordinance, approving the proposed code text amendments to the Zoning Ordinance. (Community Development) C. MANAGEMENT REPORTS: 1. Minor Streetscape Improvement Project - Sunken Gardens ■ Fiscal Impact: Estimated at $850,000, which will be funded through the Redevelopment Agency financing expected in September. ■ Parks & Recreation Commission Recommendation: Additional public process be conducted. ■ Staff recommendation: Council approve the conceptual design for the Minor Streetscape Improvement Project — Sunken Gardens and authorize the Redevelopment Agency and staff to proceed. [City Manager] • 2. Charles Paddock Zoo - Approval of Concept Master Plan ■ Fiscal Impact: No direct fiscal impact for the City at this time. The Zoological Society of San Luis Obispo will be providing support for this process. Once finalized, implementation of the master plan will involve Council approval of each phase and the financing of the improvements and operations. ■ Recommendation: Council approve a concept master plan to allow the City Zoo staff and Zoological Society to move forward with plan refinement and fundraising for Zoo improvements. (Community Services) 3. Comprehensive Financial Strategy ■ Fiscal Impact: None ■ Recommendation: Council review and adopt the Comprehensive Financial Strategy. (Administrative Services) 4. City Attorney Recruitment ■ Fiscal Impact: None at this time. ■ Recommendation: Council approve the attached Request for Proposals and direct the City Manager to implement the recruitment process. (City Manager) • • 5. League Votinq Delegate ■ Fiscal Impact: None ■ Recommendation: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in September 2004, and direct the City Clerk to inform the League of the designation. (City Clerk) D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Luna 1. Finance Committee 2. Integrated Waste Management Authority (IWMA) 3. County Mayor's Round Table Mayor Pro Tem Scalise 1. Atascadero State Hospital Advisory Board (appointed by Governor) 2. Local Agency Formation Commission (LAFCO) (City Selection Committee appointment) 3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA) Council Member Clay 1. Water Committees Council Member O'Malley 1. Finance Committee 2. City/ Schools Committee 3. Air Pollution Control District (APCD) 4. League of California Cities - Grassroots Network 5. Economic Vitality Corporation, Board of Directors (EVC) Council Member Pacas 1. City/ Schools Committee 2. Atascadero Youth Task Force E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the July 27, 2004 Regular Session of the Atascadero City Council was posted on July 20, 2004 at the Atascadero City Hall Annex, 6905 EI Camino Real, Suite 6, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 20th day of July 2004 at Atascadero, California. Marcia McClure Torgerson, City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING Ohe City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the Atascadero Pavilion on the Lake, 9315 Pismo St., 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 Annex 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) 461-5000. 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 • 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). 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. ITEM NUMBER: A- 1 DATE: 7/27/2004 CITY OFATASCADER0 CITY COUNCIL DRAFT MINUTES TUESDAY, JUNE 8, 2004 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) Mayor Luna announced a new item had been added to the Closed Session, a personnel issue regarding the Police Chief (Gov't Code 54957.6). - 1. PUBLIC COMMENT- CLOSED SESSION: None 2. Calf to Order a. Conference with negotiator over real property Expansion of Paloma Park Lease. (Gov't Code 54956.8) Negotiator: City Manager, Wade McKinney Property: 11665 Viejo Camino, Atascadero, CA. Negotiations will include price and/or terms of payment. b. Conference with labor negotiator (Govt. Code Sec. 'Agency Negotiator: City Manager Employee Organizations: Department Heads, Mid- Management/Professional, Confidential, Atascadero Firefighters, Service Employees Intl. Union Local 620, and Atascadero Police Assoc. i CC Draft Minutes 06/08/04 Page 1 of 12 9 ITEM NUMBER: A- 1 DATE: 7/27/2004 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced no reportable action was taken. REGULAR SESSION: 7:00 P.M.- Mayor .M:Mayor Luna called the meeting to order at 7:06 p.m. and Council Member O'Malley led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, O'Malley, Pacas,Scalise and Mayor Luna Absent: None Others Present: City Clerk Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Community Development Director Warren Frace, Community Services Director Brady Cherry, Deputy Public Works Director Geoff English, Police Lt. John Couch, Redevelopment Specialist Marty Tracey, Associate Planner Kerry Margason, and City Attorney Roy Hanley. COMMUNITY FORUM: Pastor John Marc Wiemann, Cornerstone Community Church, led those present in prayer. Bill Obermeyer encouraged the Planning Department to think about having dedicated bicycle paths and asked about the easement for equestrian and pedestrian access to the riverbed at the end of Ferrocaril. Community Development Director Frace explained that the Ferrocaril access would become a public access once construction is complete and gave an update on the progress of the project. Eric Greening agreed with Mr. Obermeyer's concerns and further invited the Council to lock up their car keys for one month and experience the City of Atascadero by alternate means. CC Draft Minutes 06/08/04 Page 2 of 12 10 ITEM NUMBER: A-1 DATE: 7/27/2004 Sandy Hastings asked how the Carlton Hotel billboard got past the City's sign ordinance and felt it was setting a precedent. Mayor Luna closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member Clay and seconded by Council Member Pacas to approve the agenda. Motion passed 5:0 by a roll-call vote PRESENTATIONS: 1. Recognition of Al DeRose for his years of service and contribution to the Atascadero School District. Council Member Pacas read the proclamation and presented it to Mr. DeRose. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member O'Malley announced that September 20 through 26 would be Pollution Prevention Week for 2004. A contest will be sponsored to recognize local businesses and organizations for exemplary pollution control practices. A. CONSENT CALENDAR: 1. City Council Special Closed Meeting Minutes — May 4, 2004 City Clerk recommendation: Council approve the City Council minutes of the meeting of May 4, 2004. (City Clerk) 2. City Council Special Closed Meeting Minutes— May 11, 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the meeting of May 11, 2004. (City Clerk) 3. City Council Meeting Minutes — May 20, 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the meeting of May 20, 2004. (City Clerk) 4. April Treasurer's Report ■ Fiscal impact: None. Recommendation: Council approve the City Treasurer's report for April 2004. (City Treasurer) CC Draft Minutes 06/08/04 Page 3 of 12 11 ITEM NUMBER: A- 1 DATE: 7/27/2004 5. General Municipal Election November 2,2004 ■ Fiscal impact: The General Municipal Election is 'estimated to cost approximately $19,000.00. ■ Recommendation: Council: 1. Adopt draft Resolution A, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 2, 2004; and, 2. Adopt 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 2, 2004. (City Clerk) 6. Hazard Mitigation Plan Consultant Contract Authorization ■ Fiscal impact: Authorization of the contract will result in the expenditure of $64,911. Seventy-Five percent ($48,683.25 of these funds are expected to be reimbursed to the City by the Office of Emergency Services Hazard Mitigation Grant and twenty-five percent ($16,227.75) will be absorbed by the city: ■ Recommendation: Council: 1. Authorize the City Manager to execute a contract with URS, Inc. for contract services to prepare a Hazard Mitigation Plan per FEMA standards for the City of Atascadero upon notification of approval of a Hazard Mitigation Grant from the State of California Office of Emergency Services; and, 3. Authorize the City Manager to expend approximately $25,000 for the purpose of matching grant funding to prepare a Local Hazard Mitigation Plan. (Community Development) 7. Delegation of Authority to Make Disability Determinations for PERS ■ Fiscal impact: None. ■ Recommendation: Council adopt draft Resolution authorizing and approving delegation of authority for disability determinations. (Administrative Services) Council Member O'Malley noted a correction to Items #A-2 and 3 indicating that he had stepped down from considering the Creekside project during the closed sessions because he owns a piece of property adjacent to the project. Eric Greening pulled Item #A-2. MOTION: By Council Member O'Malley and seconded by Council Member Clay to approve Items #A-1, 3, 4, 5, 6 and 7. Motion passed 5:0 by a roll-call vote. (Item #A-5.1 Resolution No. 2004-045, Item#A-5.2 Resolution No. 2004-046, Item #A-6.1 Contract No. 2004-014, Item#A-7 Resolution No. 2004-047) CC Draft Minutes 06/08/04 Page 4 of 12 12 ITEM NUMBER: A- 1 DATE: 7/27/2004 Item #A-2: Eric Greening referred to his comments on page 4 of the Minutes of May 11, 2004, and as there was no motion on the table at that point, asked that his comments be revised to read, "Eric Greening indicated he would support a motion sending the delegates to the conference, but observed that ... MOTION: By Council Member O'Malley and _ seconded by Council Member Clay that the clerk review the Minutes and correct as appropriate and with that to approve Item #A-2. Motion passed 5:0 by a voice vote. B. PUBLIC HEARINGS: 1. Appeal 2004-0003 - Appeal of the Planning Commission's Approval of Conditional Use Permit 2003-0106/EOC Overnight Shelter ■ Fiscal impact: The project has been conditioned to minimize the potential financial impact the project would have on the City. If significant increases in calls for emergency services were to occur, this would result in a negative fiscal impact to the City. The conditions of approval require EOC to minimize calls _ for services with client screening, staff training and support agreements with County agencies. ■ Recommendations: Council adopt draft Resolution A thereby denying the appeal and uphold the Planning Commission's decision to approve Conditional Use Permit 2003-0106 establishing a 32-bed overnight shelter in the Residential Suburban Zoning District subject to findings and conditions. (Community Development) Community Development Director Warren Frace gave the staff report and answered questions of Council. An exhibit was distributed showing changes made by the Planning Commission to the original Conditions of Approval. (Exhibit A) Council Member Pacas expressed her concern about impacts to surrounding properties due to the presence of the shelter and distributed a photograph showing the impacts to a local physician's office. (Exhibit B) PUBLIC COMMENT Monica Firchow, appellant, read from a prepared statement in support of the appeal of the Planning Commission's decision to approve the Conditional Use Permit establishing an overnight shelter, and turned in signed petitions in support of the appeal. (Exhibits C and D) Additional exhibits included North County Shelter Issues (Exhibit E) and photos of views from surrounding properties (Exhibit F). Ms. Firchow answered questions of Council. CC Draft Minutes 06/08/04 Page 5 of 12 13 ITEM NUMBER: A- 1 DATE: 7/27/2004 Michele Vance stated she was-a patron of the homeless shelter and though she can see both sides of this issue, she feels a shelter is much needed. Ms. Vance answered questions of Council. Leslie Loams stated she was homeless when .she and her family first came to the area and EOC and the homeless shelter provided the help they needed. Danielle Miller expressed her support for the shelter and stated that she and'her family had Lived at the EI Camino Homeless Organization(ECHO) shelter for almost a year. Mayor Luna recessed the hearing at 8:53 p.m. Mayor Luna called the hearing back to order at 9:05 p.m. Anita Robinson, representing the Board of Directors of the Economic Opportunity Commission (EOC), spoke about EOC and how it attempts to meet the needs of the homeless and the communities it serves. Ms. Robinson asked the Council to deny the appeal Biz Steinberg, Executive Director and CEO of EOC, explained what EOC is and why it exists. She urged the Council to deny the appeal and stated EOC's commitment to continue to meet and work with the neighbors. Retired San Luis Obispo Police Chief Jim Gardiner, spoke about homelessness and how it has changed over the years. He presented the law enforcement perspective of the homeless problem and spoke about the San Luis Obispo homeless shelter and the problems and issues surrounding that shelter. He is in support-of the Conditions of Approval as presented and urged the Council to deny the appeal. Katherine Manning, Director of Homeless Services for EOC, stated they are already serving the needs of the homeless in Atascadero and spoke of the type of patrons they expect will utilize the shelter as well as the shelter's priority list. Steve McGrath, Director of Facilities for EOC, spoke about the shelter's driveway and how it will be increased in size to accommodate automobiles coming and going from the site. Anita Hoag, Program Manager for Head Start, clarified the hours of operation for the Head Start Program. EOC members answered questions of Council. Paul Wolfe, member of Human Relations Commission of San Luis Obispo, spoke about the neighborhood advisory board and how it worked in San Luis Obispo. Melinda Hartman spoke about her negative experiences with ECHO and how they dealt with problems created by the homeless. CC Draft Minutes 06/08/04 Page 6 of 12 14 ITEM NUMBER: A- 1 DATE: 7/27/2004 Tina Pierce read from a prepared statement in opposition to the location proposed for the homeless shelter. (Exhibit G) Barry (no last name given) read from a prepared statement opposing the homeless shelter location written by Clayton and Ellen 'Scovell, who were unable to attend the meeting. (Exhibit H) Tom Komar, a Family Nurse Practitioner contracted with ECHO to provide health care services to the homeless, explained and clarified some of the misconceptions about the homeless based on his personal experiences. Sandy Hastings expressed her concerns that this being the only north county shelter it would not be able to handle the number of requests for beds it will receive leaving many to seek shelter in parks, under bushes, etc. Eric Greening spoke in support of the project and asked Council to deny the appeal. He asked how children of homeless shelter patrons using the Head Start program would reunite with their families at the end of the day. Jim Griffin stated his concerns with the type and number of patrons who will be using the homeless shelter. Richard Blumberg indicated that the proposed shelter will be very close to his home and stated his concerns with allowing a shelter in this area and proposed alternate sites. Shirley Summers spoke in support of thehomelessshelter and asked Council to deny the appeal. John Christopher spoke in support of the shelter and about his experience with the EI Camino Homeless Organization and how they assisted him when he was in need. Alice Bodlak, Registered Nurse and Program Coordinator for a Health Care for the Homeless program, spoke about the homeless she has worked with and expressed her support for the shelter. Anita Hoag, Program Manager for Head Start, spoke about how Head Start works toward the safety of the children in the Program. She also spoke about the co-location of the homeless shelter and Head Start and why it works. Johlene Smith indicated she has helped homeless families and single disabled homeless. She spoke about the ad in the newspaper for.shelter workers explaining why the stated experience is required: Beverly Aho related her experiences in living next to the Atascadero Community Church, which takes in homeless for a month each year. She spoke in support of a permanent shelter. CC Draft Minutes 06/08/04 Page 7 of 12 15 ITEM NUMBER: A- 1 DATE: 7/27/2004 Barbara Alward stated she has worked as a volunteer in a homeless shelter and spoke about what the ,people she has worked with are like. She urged Council to support a shelter. Mike Hedges spoke about the various churches used for the homeless and how successful the program has been. He disputed the idea that a shelter would bring homeless from all over the area to Atascadero. Laurie Hokit expressed her opposition to the homeless shelter and to 'placing a preschool at the same site. She asked that this project be pulled for further study. Lillian Judd read a letter by Eileen Allen, Executive Director North County Women's Shelter, expressing her support for a homeless shelter. (Exhibit l) Sylvia Nevarez spoke-about.the training she had received prior to working for Head Start and expressed her support of EOC and the proposed shelter. Jacqueline Sebro, Director of Paso Robles Loaves and Fishes and Deacon of St James Church, addressed the issue of combining a Head Start facility with a homeless shelter, and explained how it has worked successfully in many locations, MOTION: By Council Member Clay and seconded by Council Member O'Malley to go past 11:00 p.m. Motion passed 5:0 by a roll-calf vote. Dave May spoke about his own experiences with homelessness and stated his support for a shelter. Kathy Hanson stated she has volunteered for the shelter and spoke about her experiences with the homeless. She urged Council to approve the shelter. Charlotte Byrne, President of ECHO, spoke about involving local churches in assisting with the homeless problem,and how ECHO will work in partnership with EOC to run this proposed shelter. Kevin Holgate expressed his.opposition to the shelter and his concerns about its negative effect on the health, safety and welfare of the public. Lonna Adams stated she has worked for EOC and other youth support services. She questioned the funding for the shelter.and felt it should be part of the conditions. Virginia Carsley stated she would be a neighbor to the homeless shelter if it is built, and spoke in favor of the shelter. Paul Dilger spoke.as a representative of the Baptist Church, which is currently housing the homeless. He talked about the misconceptions of the homeless and urged Council CC Draft Minutes 06/08/04 Page 8 of 12 16 ITEM NUMBER: A-1 DATE: 7/27/2004 to provide a permanent shelter. eLaurie Hokit asked.why this project qualified for a class three categorical exemption under the provisions CEQA. She referred to Section 15303, expressing her concern with allowing the exemption. (Exhibit J) Monica Firchow restated her opposition to theshelterand to having EOC run it. Mayor Luna closed the Public Comment period. MOTION: By Mayor Luna and seconded:by Council Member O'Malley to adopt draft Resolution A thereby denying the appeal and upholding the Planning Commission's decision and approving a conditional use permit to establish an overnight shelter in the Residential Suburban zoning district subject to findings and conditions. Council Member Pacas stated she has trouble making findings 1, 2, "3 and 4. She expressed concern that the shelter will only provide for evening use and does not address the daytime needs of the homeless, and that it is too intense a use for a Suburban Estates area. Council Member Pacas stated she would support a day/night use shelter in another area that was 'designated multifamily or similar zoning and located closer to needed services. MOTION: By Mayor Luna and seconded by Council Member O'Malley to adopt draft Resolution A thereby denying the appeal and upholding the Planning Commission's decision and approving a conditional use permit to establish an overnight shelter in the Residential Suburban zoning district subject to_findings and conditions. Motion passed 4:1 by a roll-call vote. (Pacas opposed) (Resolution No. 2004-048) C. MANAGEMENT REPORTS: 1. Downtown Parking and Business Improvement Area (FY 2004-2005) Confirmation of Annual Assessment • Fiscal impact: Downtown Parking and_Business Improvement District revenue of approximately $10,500 for fiscal year 2004-2005. ■ Recommendations: Council adopt the draft Resolution confirming annual assessment for Downtown Parking & Business Improvement Area (Fiscal Year 2004-2005). (City Manager) City Manager Wade McKinney gave staff report. PUBLIC COMMENT CC Draft Minutes 06/08/04 Page 9 of 12 17 ITEM NUMBER: A- 1 DATE: 7/27/2004 None MOTION: By Council Member O'Malley and seconded by Council Member Clay to adopt the draft Resolution-confirming annual assessment for Downtown Parking and Business Improvement area (Fiscal Year 2004-2005). Motion passed 5:0 by a roll-call vote. (Resolution No. 2004- 0049 2. Regional State Highway Account Funds and Downtown Pedestrian Bridge Contract Change Orders - ■ Fiscal impact: Approval of the Contract Change Orders for Psomas and Morro Group, Inc. would result in the expenditure of $59,947.00 in Regional State Highway Account (RSHA) funds. • Recommendations: Council: 1) Authorize staff to request SLOCOG re-appropriate Regional State Highway Account (RSHA) Funds previously authorized for the Curbaril Pedestrian Bridge Project in an amount not to exceed $60,000.00 to the Downtown Pedestrian Bridge Project. 2) °Authorize the Director of Administrative Services to transfer Regional State HighwayAccount (RSHA) Funds previously authorized for the Curbaril Pedestrian Bridge Project in an amount not to exceed $60,000.00 and to transfer Circulation Impact Fees funds previously authorized for the Lewis Avenue Bridge to the Downtown`Pedestrian Bridge Project. 3) Authorize the City Manager to approve Psomas Professional Engineering Services Contract Change Order' No. 1 in the amount of $49,475.00 and Morro Group Inc. Environmental Services Change Order No. 1 in the amount of $10,472.00. 4) Authorize the City Manager to approve any additional change orders up to 20% of the amended contract price. (Public Works) Council Member Clay stepped down from consideration of this item as the Curbaril Bridge is within 500 feet of his property. Council Member O'Malley stepped down from consideration of this item as the potential location of the downtown bridge is near property he owns. Public Works Director Steve Kahn gave the staff report and answered questions of Council. PUBLIC COMMENT Peter Brown, SLOCOG representative, stated SLOCOG staff feels it is worthwhile to Took at this proposal by the City. He indicated he agrees with points made by staff, but will take it to the SLOCOG advisory Committee and Board. CC Draft Minutes 06/08/04 Page 10 of 12 18 ITEM NUMBER: A-1 - DATE: 7/27/2004 Mayor Luna closed the Public Comment period. Mayor Luna discussed placement of the pedestrian bridge and stated he would support this because the pedestrian bridge is in the downtown plan, but not to supply parking for the Colony Square project. Public Works Director Steve Kahn announced that Item #3, Environmental Services Change Order No. 1, should be changed to $15,650.00. MOTION: By Mayor Luna and seconded by Mayor Pro Tem Scalise to: 1) Authorize staff to request SLOCOG re-appropriate Regional State Highway Account (RSHA) Funds previously authorized for the-Curbaril Pedestrian Bridge Project in an amount not to exceed $60,000.00 to the Downtown Pedestrian Bridge Project. 2)Authorize the Director of Administrative Services transfer Regional State Highway Account (RSHA) Funds previously authorized for the Curbaril Pedestrian Bridge Project in an amount not to exceed $60,000.00 and to transfer Circulation Impact Fees -funds previously authorized for the Lewis Avenue Bridge to the Downtown Pedestrian Bridge Project. 3) Authorize the City Manager to approve Psomas Professional Engineering Services Contract Change Order No. 1 in the amount of $49,475.00 and Morro Group Inc. Environmental Services Change Order No. 1 in the amount of$15,650.00. 4) Authorize the City Manager to approve any additional change orders up to 20% of the amended contract price. (Public Works) Motion passed 3.0 by a roll-call vote. Council Members Clay and O'Malley rejoined the hearing. D. COMMITTEE & LIAISON REPORTS: Council Member O'Malley 1. Finance Committee: Reviewed funding recommendations. 2. Air Pollution Control District (APCD): Pollution Prevention Week coming up. 3. League of California Cities - Grassroots Network: Council Member O'Malley will be attending the policy committee meeting next Friday. 4. 'Economic Vitality Corporation, Board of Directors (EVC): Has put out its business resource guide. E. INDIVIDUAL DETERMINATION AND/OR ACTION: CC Draft Minutes 06/08/04 Page 11 of 12 19 ITEM NUMBER: A-1 DATE: 7/27/2004 1. City Manager: City Manager McKinney reminded Council of their p meetings at 2:00 .m. on Wednesday, friday at 7:00 a.m. and Saturday at 8:00 a.m. The Friday and Saturday meetings will be at Colony Hall. Council Member O'Malley stated for the record that he would not attend the meeting on Wednesday regarding the Creekside project due to a conflict of interest. F. ADJOURNMENT: Mayor Luna adjourned the meeting at 11:49 p.m. to the next regularly scheduled City Council Meeting on June 22, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk The following Exhibits are available for review in the City Clerk's office: Exhibit A-Community Development Department, Conditions of Approval. Exhibit B-Council Member Pacas, photograph Exhibit C—Monica Firchow, prepared statement. Exhibit D—Monica Firchow, Petition in support of repeal of Conditional Use Permit 2003-0106 Exhibit E—Monica Firchow, North County Shelter document Exhibit F-Monica Firchow, photographs Exhibit G—Tina Pierce, prepared statement. Exhibit H—Clayton and Ellen Scovell, prepared statement Exhibit I—Lillian Judd, letter from Eileen Allan Exhibit J-Laurie Hokit, CEQA Section 15301 CC Draft Minutes 06/08/04 Page 12 of 12 20 ITEM NUMBER: A-2 DATE: 7/27/2004 SPECIAL MEETING ATASCADERO CITY COUNCIL Friday, June 11, 20049 7:00 p.m. CLOSED SESSION DRAFT MINUTES Mayor Luna called the meeting to order at 7:00 p.m. All Council Members were present, facilitator Dr. William Mathis, and City Manager Wade McKinney. 1. PUBLIC COMMENT - CLOSED SESSION None 2. Call to Order a. Personnel Evaluation: (Government Code §54957) City Manager 4. CLOSED SESSION REPORT The City Manger announced that there was no reportable action taken. ADJOURNMENT: Mayor Luna adjourned to Saturday, June 12, 2004, at 8:00 a.m. to conduct a Strategic Planning Workshop. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C., City Clerk 21 ITEM NUMBER: A-3 DATE: 7/27/2004 SPECIAL MEETING ATASCADERO CITY COUNCIL Saturday, June 12, 20049 8:00 a.m. Strategic Planning Workshop DRAFT MINUTES Mayor Luna called the meeting to order at 8:00 a.m. Attendees included Mayor George Luna and Council Members Wendy Scalise, Jerry Clay, Becky Pacas, and Tom O'Malley; also facilitator Dr. William Mathis, City Manager Wade McKinney, and Assistant to the City Manager/ City Clerk Marcia McClure Torgerson. COMMUNITY FORUM: None COUNCIL WORKSHOP— STRATEGIC PLANNING The Mayor provided an overview of the process and encouraged the Council to focus on issues where there was agreement by all Council Members. He discussed the need to focus on Council policy issues and working together effectively to get through difficult issues facing the community. This workshop is intended as a follow up to the January workshop and to review issues identified by the City Council City Manager McKinney reviewed the Community Vision,`including the Smart Growth principles and Framework principles. There was discussion as to how the General Plan implements these principles. The City Council discussed the following topics: Status of Administration Building Status of Annex Status of Youth Center Status of Printery City Attorney Recruitment 22 • Potential Downtown Projects -. Affordable Housing • Land Use Issues o Mixed Use. o Motorcycles on public property o Policy on Park Reservation Parcels o URM Buildings ADJOURNMENT: Mayor Luna adjourned the workshop to the next regularly scheduled Council meeting. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk Draft CC Minutes 06/12/2004 23 Page 2 of 2 ITEM NUMBER: A ..._ 4 DATE: 07/27/2004 t1 iais ® ie e CADl� Atascadero City Council May 2004 Staff Report- City Treasurer May 2004 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for May 2004 REPORT IN BRIEF: Cash and Investments Checking $ 29,489 Money Market Accounts 2,198 Certificates of Deposit 5,553,565 Government Securities 1,742,500 LAIf 20,083,942 Cash with Fiscal Agents 143,751 Cash in Banks at May 31, 2004 $ 27,555,445 Deposits in Transit _ Outstanding Checks (364,500) Cash and Investments at May 31, 2004 $ 27,190,945 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 05/12/04 Colonial Bank CD $ 97,020 11/13/07 05/12/04 Colonial Bank CD 96,000 11/13/07 05/12/04 Washington Savings Bank CD 95,000 05/19/09 05/13/04 Federal Home Loan Government 01/07/09 Mortgage Corp. Security 200,000 05/21/04 Nat'l Bank of So. Carolina CD 98,000 05/05/09- Securities Matured: Maturity Date Description Type Original Cost Amount Matured 05/10/04 Enterprise National Bank CD $ 96,728 $ 97,000 05/10/04 First Merit Bank CD 97,000 97,000 05/17/04 The Western State Bank CD 96,000 96,000 Page I of 13 24 Securities Sold/Called Prior to Maturity: Transaction/ Original Cost/ Gain/(Loss) Tran Date Description/Type Maturity Call Price on Call Sold Colonial Bank $ 97,020 $ 97,020 $ 72 05/21/04 Certificate of Deposit 11/13/07 Sold Sl Bank &Trust $ 95,000 $ 95,000 $ 517 05/10/04 Certificate of Deposit 11/09/04 Other Reportable Activities: None Page 2 of 13 25 CITY OF ATASCADERO • TREASURER'S REPORT CASH&INVESTMENTS A CTIVITY SUMMAR Y FOR THE MONTH OF MAY 2004 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at May 1, 2004 $ 195,345 $ 27,000,697 $ 143,691 $ 27,339,733 Receipts 1,312,285 2,508 60 1,314,853 Disbursements (1,099,141) (1,099,141) Transfers In 985,000 1,364,000 - 2,349,000 Transfers Out (1,364,000) (985,000) - (2,349,000) Balance per Banks at May 31,2004 $ 29,489 $ 27,382,205 $ 143,751 27,555,445 • Deposits in Transit - Outstanding Checks (364,500) Adjusted Treasurer's Balance $ 27,190,945 Page 3 of 13 26 00 Cl N o 0 0 0 o 0 0 0 0 0 0 0 0 0 O W 00 N v1 v1 t� �o Ir H o N 65 0 cu: 00 ti N 00 OO O O O O O O O 7 O N O O O O O O O O O O N O O O O O O O O O -O M N W h h O h h n 0` O\ b9 A M c o o e 0 0 0 0 V �[ oo ri .-. n N N l� n.. 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O O p M M t\+1 o 0 0 0 0 0 31 0 w M �C °\ ON _O y U O U U W W V1 M M O � � r w 0 r A o v o ti W o V a 64 MRt - �.. w ti Q i d C n M ° a� W A A •° w � � trpa„ o o ° d v] v m v � U •n w w U U H Y y w O � U Ll N � O � U o A Cq on a� ?.G 72 3 y Z cu cd Q O O cd > d U N 32 City of Atascadero Investments by Type May 2004 Government Cash with Securities Fiscal Agent Certificates of Deposit o 20% 6% 1/o Other 0% • LA1F 73% Investment May 2004 LAIF $ 20,083,942 Certificates of Deposit 5,553,565 Government Securities 1,742,500 Cash with Fiscal Agent 143,751 Other 2,198 $ 27,525,956 • Page 10 of 13 33 City of Ataseadero Investments by Maturity May 2004 One Month to One Year One to Five Years Within 3% 24% One Month , 0°/ On Demand 73% Investment May 2004 On Demand $ 20,086,140 Within One Month - One Month to One Year 693,096 One to Five Years 6,602,969 $ 27,382,205 • Page 11 of 13 34 City of Atascadero Investments by Custodial Agent May 2004 RBC Dain Rauscher Bank of Penson 18% New York City of Financial Corp. 1% Atascadero 8% 0% • State of California 73% Custodial Agent May 2004 State of California $ 20,083,942 Penson Financial Corp. 2,199,884 RBC Dain Rauscher 5,050,155 Bank of New York 143,751 City of Atascadero 48,224 $ 27,525,956 35 Page 12 of 13 City of Ataseadero Investment Yield vs. 2-Year Treasury Yield • For the Year Ended May 31, 2004 3.00% 2,50% f iLAv 2.00% r x R 12, x4 1.50% 1 [ 1.00% J 0.50% l s5 0.00% : 03 O� 00 03 Og Og O 00 c1�O� � � O O O O O O O O O O O O � O anti ceti o��� J5` ti e�� ¢�T 01 c1 e<eo�Ja P eQ�e po ode e�� �a City Yield 2-Yr Treasury Yield 2-Yr Treasury City Yield Yield May 2003 2.36% 1.42% June 2003 2.28% 1.23% July 2003 2.22% 1.47% August 2003 2.23% 1.86% September 2003 2.23% 1.71% October 2003 2.21% 1.75% November 2003 2.18% 1.93% December 2003 2.11% 1.91% January 2004 2.10% 1.76% February 2004 2.03% 1.74% March 2004 2.07% 1.58% April 2004 1.98% 2.07% • May 2004 1.97% 2.53% Page 13 of 13 36 ITEM NUMBER: A _ 5 ■� e e DATE: 07/27/2004 �9 1978 Atascadero City Council Staff Report - Administrative Services Department June 2004 Accounts Payable and'Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for June 2004. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 06/03/04 Checks # 19326- 19396 $ 72,24134 Direct Deposits 127,131.00 Dated 06/17/04 Checks#'19397 - 19471 79,359.31 Direct Deposits 130,259.47 Dated 6/30/04 Check# 19553 32,967.75 Accounts Payable Dated 6/1/04 - 6/30/04 Checks # 95241 -95628 & EFTs 277 - 285 1,825,050.67 TOTAL AMOUNT $ 2,267,009.54 FISCAL IMPACT: Total expenditures for all funds is $ 2,267,009.54 CERTIFICATION: The undersigned certifies that the attached demands havebeenreleased for payment and that funds are available for these demands. Rachelle Rickard, Director of Administrative Services Approved by the City Council at a meeting held July 27,"2004. ATTACHMENT: Marcia McClure Torgerson, C.M.C., City Clerk June 2004 Eden Warrant Register in the amount of $ 1,825,050.67 37 City of Atascadero Disbursement Listine For the Month of June 2004 Check Check Number Date Vendor Description Amount 95241 6/3/2004 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 340.00 95242 6/3/2004 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 95243 6/3/2004 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 376.00 95244 6/3/2004 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 95245 6/3/2004 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 7,091,52 95246 6/3/2004 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,058.13 95247 6/3/2004 HARTFORD LIFE INSURANCE Payroll Vendor Payment 7,809.15 95248 6/3/2004 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 425.00 95249 6/3/2004 KENNEDY CLUB FITNESS Payroll Vendor Payment 66.00 95250 6/3/2004 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 697.31 95251 6/3/2004 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 38.04 95252 6/3/2004 SAVE OUR SERVICES FUND Payroll Vendor Payment 25.00 95253 6/3/2004 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 638.66 95254 6/3/2004 SLO CREDIT UNION Payroll Vendor Payment 625.00 - 95255 6/3/2004 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 33.00 95256 6/7/2004 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 27,863. 277 6/8/2004 MID-STATE BANK Payroll Vendor Payment 31,432.89 95257 6/9/2004 THE STANDARD UNIT 22 Accounts Payable Check 916.55 95412 6/10/2004 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 77,824.72 95413 6/10/2004 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 1,503.00 95414 6/10/2004 CANADA LIFE ASSURANCE CO Payroll Vendor Payment 916.55 95415 6/10/2004 COLONIAL LIFE&ACCIDENT INS. Payroll Vendor Payment 1,413.07 .95416 6/10/2004 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 8,053.86 95258 6/11/2004 A-JAY EXCAVATING,INC. Accounts Payable Check 11,634.50 95259 6/11/2004 ADAMSON POLICE PRODUCTS Accounts Payable Check 704.89 95260 6/11/2004 ALLSTAR FIRE EQUIPMENT,INC. Accounts Payable Check 114.70 95261 6/11/2004 AMERICAN SANITATION Accounts Payable Check 137.28 95262 6/11/2004 AMK FOODSERVICE COMPANY Accounts Payable Check 128.58 95263 6/11/2004 ANDERSON'S AUTO SERVICES Accounts Payable Check 167.49 95264 6/11/2004 ARAMARK UNIFORM SERVICES Accounts Payable Check 349.89 95265 6/11/2004 MATTHEW L.ARELLANO Accounts Payable Check 153.00 95266 6/11/2004 AT&T WIRELESS Accounts Payable Check 45.46 95267 6/11/2004 _ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 85.00 38 City of Atascadero Disbursement Listing For the Month of June 2004 Check Check umber Date Vendor Description Amount 95268 6/11/2004 ATASCADERO FORD Accounts Payable Check 2,511.37 95270 6/11/2004 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 12,068.32 95271 6/11/2004 ATASCADERO NATIVE TREE ASSC. Accounts Payable Check 500.00 95272 6/11/2004 ATASCADERO VENTURES,LLC Accounts Payable Check 1,061.00 95273 6/11/2004 AVAYA INC. Accounts Payable Check 22.41 95274 6/11/2004 BASIC CHEMICAL SOLUTIONS,LLC Accounts Payable Check 6,315.67 95275 6/11/2004 BATTERY SYSTEMS Accounts Payable Check 60.01 95276 6/11/2004 PAUL BEBEAU Accounts Payable Check 20.00 95277 6/11/2004 CINDY K.BENSON Accounts Payable Check 654.78 95278 6/11/2004 BEST BEST&KRIEGER LLP Accounts Payable Check 1,851.49' 95279 6/11/2004 BOB'S CRANE SERVICE Accounts Payable Check 500.00 95280 6/11/2004 BOUND TREE MEDICAL,LLC Accounts Payable Check 112.98 95281 6/11/2004 BRENDLER JANITORIAL SERVICE Accounts Payable Check 1,280.00 95282 6/11/2004 BRUMIT DIESEL,INC. Accounts Payable Check 75.00 95283 6/11/2004 CASEY BRYSON Accounts Payable Check 50.00 95284 6/11/2004 BURTON'S FIRE APPARATUS Accounts Payable Check 1,782:34 95285 6/11/2004 CAL-COAST REFRIGERATION,INC Accounts Payable Check 4,217.80 95286 6/11/2004 CALIFORNIA CODE CHECK Accounts Payable Check 16,076.61 95287 6/11/2004 CALIFORNIA CONSERVATION CORP Accounts Payable Check 960.00 95288 6/11/2004 CARRIE CALMERE Accounts Payable Check 10.00 95289 6/11/2004 CENTRAL COAST STRIPING Accounts Payable Check 1,736.00 95290 6/11/2004 BRADY CHERRY Accounts Payable Check 300.00 95291 6/11/2004 CHICAGO GRADE LANDFILL Accounts Payable Check 80.00 95292 6/11/2004 JOSEPH CHOUINARD P.E. Accounts Payable Check 695.00 95293 6/11/2004 CITY NATIONAL BANK Accounts Payable Check 136,683.75 95294 6/11/2004 CITY OF CLAREMONT Accounts Payable Check 20.00 95295 6/11/2004 JERRY L.CLAY Accounts Payable Check 75.00 95296 6/11/2004 CLEAN WATER SYSTEMS,INC. Accounts Payable Check 35.00 95297 6/11/2004 TIMOTHY CLEAVER Accounts Payable Check 239.00 95298 6/11/2004 COAST ELECTRONICS Accounts Payable Check 2,479.50 95299 6/11/2004 COASTLINE EQUIPMENT Accounts Payable Check 631.56 95300 6/11/2004 CRWA Accounts Payable Check 35.00 95301 6/11/2004 CRYSTAL SPRINGS WATER Accounts Payable Check 186.75 95302 6/11/2004 CSK AUTO,INC. Accounts Payable Check 478.25 • 95303 6/11/2004 CUESTA EQUIPMENT Accounts Payable Check 1,166.47 95304 6/11/2004 DARRYL'S LOCK AND SAFE Accounts Payable Check 216.54 39 City of Atascadero Disbursement Listine For the Month of June 2004 Check Check • Number Date Vendor Description Amount 95305 6/11/2004 DECOU LUMBER COMPANY Accounts Payable Check 62.49 95306 6/11/2004 CHERYL DEJONG Accounts Payable Check 12.90 95307 6/11/2004 DEPARTMENT OF JUSTICE Accounts Payable Check 1,786.00 95308 6/11/2004 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 857.38 95309 6/11/2004 HUGH DUGAN Accounts Payable Check 375.00 95310 6/11/2004 EL CAMINO CAR WASH LLC Accounts Payable Check 20.50 95311 6/11/2004 ESCUELA DEL RIO Accounts Payable Check 81.00 95312 6/11/2004 FAMILY MEDICAL GROUP OF PASO Accounts Payable Check 289.00 95313 6/11/2004 FGL ENVIRONMENTAL Accounts Payable Check 162.00 95314 6/11/2004 FIRSTLINE,LLC Accounts Payable Check 235.95 95315 6/11/2004 FOOD FOR LESS Accounts Payable Check 141.82 95316 6/11/2004 WARREN FRACE Accounts Payable Check 300.00 95317 6/11/2004 FRAZEE INDUSTRIES,INC. Accounts Payable Check 209.10 95318 6/11/2004 FURNITURE INSTALLATION TEAM Accounts Payable Check 3,640.00 95319 6/11/2004 THOMAS E.GANDY Accounts Payable Check 5.00 95320 6/11/2004 KAREN GARMAN Accounts Payable Check 35.00 95321 6/11/2004 GAS COMPANY Accounts Payable Check 414.* 95322 6/11/2004 GEM AUTO PARTS Accounts Payable Check 217.55 95323 6/11/2004 MIKE GIL Accounts Payable Check 477.00 95324 6/11/2004 GREENAWAY CONSTRUCTION Accounts Payable Check 2,585.43 95325 6/11/2004 GRISANTI HARDWARE Accounts Payable Check 3.84 95326 6/11/2004 H.D.PETERSON Accounts Payable Check 239.64 95327 6/11/2004 HARMONY MACHINE&FABRICATION Accounts Payable Check 278.85 95328 6/11/2004 REGIONALD HICKS Accounts Payable Check 125.00 95329 6/11/2004 ANN HOCHSTETLER Accounts Payable Check 20.00 95331 6/11/2004 HOME DEPOT Accounts Payable Check 2,690.50 95332 6/11/2004 HOTEL PARK GROUP Accounts Payable Check 260.00 95333 6/11/2004 ICE TEES Accounts Payable Check 112.61 95334 6/11/2004 INFORMATION TECHNOLOGY Accounts Payable Check 645.21 95335 6/1/72004 INHOUSE SECURITY SERVICE Accounts Payable Check 196.00 95336 6/11/2004 JB DEWAR INC Accounts Payable Check 107.27 95337 6/11/2004 JEM DESIGN Accounts Payable Check 105.00 95338 6/11/2004 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 31.19 95339 6/11/2004 JUNIOR'S BOAT REPAIR Accounts Payable Check 150.00 95340 6/11/2004 STEVEN KAHN - Accounts Payable Check 300.00 40 City ofAtascadero Disbursement Listing For the Month of June 2004 Check Check umber Date Vendor Description Amount 95341 6/11/2004 KEN'S MOBIL SERVICE Accounts Payable Check 2,570.22 95342 6/11/2004 LUKE KNIGHT Accounts Payable Check 213.50 95343 6/11/2004 KNOX COMPANY Accounts Payable Check 1,152.94 95344 6/11/2004 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 1,400.00 95345 6/11/2004 ROBERT LIBRIZZI Accounts Payable Check 150.00 95346 6/11/2004 GEORGE W.LUNA Accounts Payable Check 75.00 95347 6/11/2004 LYNDON'SAUTOMOTIVE Accounts Payable Check 1,405.37 95348 6/11/2004 LYNN PEAVEY COMPANY Accounts Payable Check 39.00 95349 6/11/2004 MANAGED HEALTH NETWORK,INC. Accounts Payable Check 270.25 95350 6/11/2004 SHAWN MARTIN Accounts Payable Check 40.00 95351 6/11/2004 STEVE MCHARRIS Accounts Payable Check 47.20 95352 6/11/2004 WADE MCKINNEY Accounts Payable Check 1,257.50 95353 6/11/2004 CASSANDRA MERRILL Accounts Payable Check 456.50 95354 6/11/2004 MINER'S ACE HARDWARE Accounts Payable Check 79.03 95355 6/11/2004 MISSION UNIFORM SERVICE Accounts Payable Check 91.06 95356 6/11/2004 MUFFLER MAN Accounts Payable Check 50.00 • 95357 6/11/2004 NATIONAL STAFFING LLC Accounts Payable Check 1,046.75 95358 6/11/2004 NICKSON'S MACHINE SHOP INC. Accounts Payable Check 1,364.11 95359 6/11/2004 NORTH COAST ENGINEERING INC. Accounts Payable Check 2,103.55 95360 6/11/2004 THOMAS P.O'MALLEY Accounts Payable Check 75.00 95361 6/11/2004 OFFICE DEPOT INC. Accounts Payable Check 106.40 95362 6/11/2004 OFFICEMAX CREDIT PLAN Accounts Payable Check 182.40 95363 6/11/2004 BECKY J.PACAS Accounts Payable Check 75.00 95365 6/11/2004 PACIFIC GAS AND ELECTRIC Accounts Payable Check 22,037.14 95366 6/11/2004 PASO ROBLES ELECTRIC,INC. Accounts Payable Check 63.18 95367 6/11/2004 PASO ROBLES SAFE&LOCK Accounts Payable Check 175.59 95368 6/11/2004 KATHLEEN A.PENCE Accounts Payable Check 4,074.71 95369 6/11/2004 PERRY'S PARCEL SERVICE Accounts Payable Check 157.53 95370 6/11/2004 POOR RICHARD'S PRESS Accounts Payable Check 15.27 95371 6/11/2004 PROCARE JANITORIAL SUPPLY Accounts Payable Check 268.71 95372 6/11/2004 GRACE L.PUCCI Accounts Payable Check 510.00 95373 6/11/2004 PURSUIT TECHNOLOGY,INC. Accounts Payable Check 454.00 95374 6/11/2004 QUILL CORPORATION Accounts Payable Check 34.70 • 95375 6/11/2004 R.H.F.INC. Accounts Payable Check 450.00 95376 6/11/2004 RACHELLE RICKARD Accounts Payable Check 300.00 95377 6/11/2004 ROGER LOVEGREN TRUCKING Accounts Payable Check 1,069.43 41 City of Atascadero Disbursement Listing For the Month of June 2004 Check Check Number Date Vendor Description Amount 95378 6/11/2004 STEVE ROMO Accounts Payable Check 68.00 95379 6/11/2004 BLAKE ROSKELLEY Accounts Payable Check 51.00 95380 6/11/2004 SAFETY-KLEEN INC. Accounts Payable Check 151.15 95381 6/11/2004 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 20,010.38 95382 6/11/2004 SAN LUIS VIDEO SYSTEMS Accounts Payable Check 2,496.89 95383 6/11/2004 SANFORD STONE CO. Accounts Payable Check 5.00 95384' 6/11/2004 SANTA MARIA TIRE,INC. Accounts Payable Check 1,029.58 95385 6/11/2004 SBC Accounts Payable Check 927.70 95386 6/11/2004 SBC/MCI Accounts Payable Check 534.33 95387 6/11/2004 WENDY SCALISE Accounts Payable Check 75.00 95388 6/11/2004 LISETTE SCHOLL Accounts Payable Check 121.80 95389 6/11/2004 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 56.00 95390 6/11/2004 JOHN SIEMENS Accounts Payable Check 423.00 95391 6/11/2004 SIGN OUTLET Accounts Payable Check 82.89 95392 6/11/2004 DAVID L.SMAW Accounts Payable Check 34.00 95393 6/11/2004 STAPLES CREDIT PLAN Accounts Payable Check 126.05 95394 6/11/2004 SUNLIGHT JANITORIAL Accounts Payable Check 1,295.0 95395 6/11/2004 SWITZER DIESEL REPAIR Accounts Payable Check 4,018.45 95396 6/11/2004 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 75.00 95397 6/11/2004 TAYLOR RENTAL CENTER Accounts Payable Check 38.32 95398 6/11/2004 TESORO CAR WASH Accounts Payable Check 75.00 95399 6/11/2004 TODD PIPE&SUPPLY Accounts Payable Check 634.86 95400 6/11/2004 MARTIN TRACEY Accounts Payable Check 25.50 95401 6/11/2004 U.S.POSTAL SERVICE/NEOPOST Accounts Payable Check 5,000.00 95402 6/11/2004 U.S.POSTMASTER Accounts Payable Check 150.00 95403 6/11/2004 UNION ASPHALT,INC. Accounts Payable Check 780.05 95404 6/11/2004 UNION PACIFIC RAILROAD CO Accounts Payable Check 668.87 95405 6/11/2004 UPS Accounts Payable Check 26.09 95406 6/11/2004 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1,817.37 95407 6/11/2004 VERIZON WIRELESS Accounts Payable Check 570.50 95408 6/11/2004 VIBORG SAND&GRAVEL,INC. Accounts Payable Check 56.05 95409 6/11/2004 VOLAS Accounts Payable Check 47.25 95410 6/11/2004 WESTERN FARM SERVICE,INC. Accounts Payable Check 325.64 95411 6/11/2004 WESTERN HIGHWAY PRODUCTS Accounts Payable Check 46830 95417 6/11/2004 GSOLUTIONS,INC. Accounts Payable Check 67,055.71 42 City of Atascadero Disbursement Listine For the Month of June 2004 • Check Check Number Date Vendor Description Amount 95418 6/16/2004 U.S.POSTMASTER Accounts Payable Check 1,001.76 278 6/17/2004 MID-STATE BANK Accounts Payable Check 40.00 279 6/17/2004 MID-STATE BANK Accounts Payable Check 45.00 280 6/17/2004 MID-STATE BANK Accounts Payable Check 45.00 281 6/17/2004 MID-STATE BANK Accounts Payable Check 52.80 282 6/17/2004 MID-STATE BANK Accounts Payable Check 20.00 283 6/17/2004 MID-STATE BANK Accounts Payable Check 16.00 284 6/17/2004 MID-STATE BANK Accounts Payable Check 32.00 95419 6/18/2004 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 340.00 95420 6/18/2004 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 95421 6/18/2004 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 376.00 95422 6/18/2004 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 95423 6/18/2004 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 8,152.85 95424 6/18/2004 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,088.57 95425 6/18/2004 EQUITABLE LIFE Payroll Vendor Payment 348.88 • 95426 6/18/2004 HARTFORD LIFE INSURANCE Payroll Vendor Payment 7,709.15 95427 6/18/2004 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 2,425.00 95428 6/18/2004 KENNEDY CLUB FITNESS Payroll Vendor Payment 66.00 95429 6/18/2004 NATIONWIDE RETIREMENT SOLUTION payrollVendor Payment 791.90 95430 6/18/2004 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 38.04 95431 6/18/2004 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 27,790.42 95432 6/18/2004 SAVE OUR SERVICES FUND Payroll'Vendor Payment 25.00 95433 6/18/2004 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 639.57 95434 6/18/2004 SLO CREDIT UNION Payroll Vendor Payment 625.00 95435 6/18/2004 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 33.00 285 6/22/2004 MID-STATE BANK Payroll Vendor Payment 35,050.26 95436 6/25/2004 A-JAY EXCAVATING,INC. Accounts Payable Check 115.00 95437 6/25/2004 ACTION TOWING Accounts Payable Check 47.50 95438 6/25/2004 ADAMSON POLICE PRODUCTS Accounts Payable Check 278.02 95440 6/25/2004 ANDIAMO TELECOM Accounts Payable Check 292.89 95441 6/25/2004 PAULA ANTON Accounts Payable Check 10.00 95442 6/25/2004 ARAMARK UNIFORM SERVICES Accounts Payable Check 227.89 • 95443 6/25/2004 AT&T Accounts Payable Check 37.83 95444 6/25/2004 ATASCADERO COMMUNITY Accounts Payable Check 7,500.00 43 City of Atascadero Disbursement Listing For the Month of June 2004 Check Check • Number Date Vendor Description Amount 95445- 6/25/2004 ATASCADERO FORD Accounts Payable Check 1,735.93 95446 6/25/2004 ATASCADERO SAW SHOP Accounts Payable Check 84,00 95447 6/25/2004 BEST BEST&KRIEGER LLP Accounts Payable Check 709.49 95448 6/25/2004 BILLOWS CUSTOM EMBROIDERY Accounts Payable Check 242.50 95449 6/25/2004 TOM BIRKENFELD Accounts Payable Check 30.00 95450 6/25/2004 JOHN BLAIR Accounts Payable Check 107.24 95451 6/25/2004 BLUE RIDGE MEDICAL INC Accounts Payable Check 26.00 95452 6/25/2004 LORI BRICKEY Accounts Payable Check 21.40 95453 6/25/2004 COREY BYLER Accounts Payable Check 50.00 95454 6/25/2004 CAD-SCAN CONNECTION Accounts Payable Check 49.84 95455 6/25/2004 CALBO Accounts Payable Check 215.00 95456 6/25/2004 CALIF CONFERENCE OF ARSON INV Accounts Payable Check 285.00 95457 6/25/2004 CALIFORNIA CODE CHECK Accounts Payable Check 9,075.93 95458 6/25/2004 CALIFORNIA FIRE CHIEFS ASSC. Accounts Payable Check 20.15 95459 6/25/2004 CALIFORNIA HIGHWAY PATROL Accounts Payable Check 200.00 95460 6/25/2004 CALIFORNIA J.P.I.A. Accounts Payable Check 517,076.00 95461 6/25/2004 CASTLE NETWORKING Accounts Payable Check 3,297.0 95462 6/25/2004 CBIZ ACCOUNTING,TAX& Accounts Payable Check 8,397.00 95463 6/25/2004 CDW GOVERNMENT,INC. Accounts Payable Check 900.37 95464 6/25/2004 CELLULAR ONE Accounts Payable Check 1,342.43 95465 6/25/2004 CENTRAL COAST BATTERIES Accounts Payable Check 117.98 95466 6/25/2004 CENTRAL COAST RESTAURANT SUPPL Accounts Payable Check 1,850.06 95467 6/25/2004 CENTRAL COAST SPORTS Accounts Payable Check 559.50 95468 6/25/2004 CENTRAL VALLEY TOXICOLOGY Accounts Payable Check 100.00 95469 6/25/2004 KELLEY CHESTER Accounts Payable Check 24.00 95470 6/25/2004 CHEVRON Accounts Payable Check 1,300.61 95471 6/25/2004 CHICAGO GRADE LANDFILL,INC. Accounts Payable Check 3,906.65 95472 6/25/2004 CITY OF ARROYO GRANDE Accounts Payable Check 120.00 95473 6/25/2004 KAREN CLANIN Accounts Payable Check 315.00 95474 6/25/2004 JERRY L.CLAY Accounts Payable Check 120.00 95475 6/25/2004 COASTAL IMAGING SUPPLIES Accounts Payable Check 93.31 95476 6/25/2004 COASTLINE EQUIPMENT Accounts Payable Check 3,473.65 95477 6/25/2004 COMCO COMPUTERS Accounts Payable Check 18.18 95478 6/25/2004 VINCE CONDE Accounts Payable Check 476.01 95479 6/25/2004 CRYSTAL SPRINGS WATER Accounts Payable Check 27.75 95480 6/25/2004 CUESTA COLLEGE Accounts Payable Check 216.65 44 City of Atascadero Disbursement Listine For the Month of June 2004 • Check Check Number Date Vendor Description Amount 95481 6/25/2004 DAN BIDDLE PEST CONTROL SERVIC Accounts Payable Check 95.00 95482 6/25/2004 DARINS WINDOWS,DOORS,&MORE Accounts Payable Check 7,449.00 95483 6/25/2004 DATANET SOLUTIONS Accounts Payable Check 1,500.00 95484 6/25/2004 DAVID M FLEISHMAN Accounts Payable Check 87.50 95485 6/25/2004 DECOU LUMBER COMPANY Accounts Payable Check 307.22 95486 6/25/2004 DEPARTMENT OF FORESTRY&FIRE Accounts Payable Check 60.00 95487 6/25/2004 DEPARTMENT OF JUSTICE Accounts Payable Check 582.00 95488 6/25/2004 DLT SOLUTIONS,INC. Accounts Payable Check 954.74 95489 6/25/2004 KELLI DOWNS Accounts Payable Check 1,519.00 95490 6/25/2004 DRIVER ALLIANT INSURANCE SVC Accounts Payable Check 1,752.50 95491 6/25/2004 EAGLE COMMUNICATIONS Accounts Payable Check 643.50 95492 6/25/2004 EAGLE CREEK GOLF COURSE Accounts Payable Check 125.00 95493 6/25/2004 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 225.50 95494 6/25/2004 EL CAMINO ASSOCIATES Accounts Payable Check 5,973.00 95495 6/25/2004 EL CAMINO CAR WASH LLC Accounts Payable Check 16.20 95496 6/25/2004 EL CAMINO VETERINARY HOSP Accounts Payable Check 447.00 • 95497 6/25/2004 ESCUELA DEL RIO Accounts Payable Check 64.80 95498 6/25/2004 EWING Accounts Payable Check 382.41 95499 6/25/2004 EXXON MOBIL Accounts Payable Check 1,626.79 95500 6/25/2004 NICOLE FERGUSON Accounts Payable Check 21.50 95501 6/25/2004 FERRELL'S AUTO REPAIR Accounts Payable Check 339.94 95502 6/25/2004 FGL ENVIRONMENTAL Accounts Payable Check 279.90 95503 6/25/2004 FIRST AM REAL ESTATE SOLUTIONS Accounts Payable Check 100.00 95504 6/25/2004 FLEET SERVICES Accounts Payable Check 3,802.80 95505 6/25/2004 FOOD FOR LESS Accounts Payable Check 20.59 95506 6/25/2004 FRAZEE INDUSTRIES,INC. Accounts Payable Check 12.28 95507 6/25/2004 FERMIN GARATE Accounts Payable Check 50.00 95508 6/25/2004 GAS COMPANY Accounts Payable Check 262.05 95509 6/25/2004 MIKE GIL Accounts Payable Check 51.00 95510 6/25/2004 GLENN'S REPAIR&RENTAL Accounts Payable Check 2,037.71 95511 6/25/2004 KENNETH GLYNN Accounts Payable Check 308.00 95512 6/25/2004 GRETCHEN GRAY Accounts Payable Check 15.00 95513 6/25/2004 GREENAWAY CONSTRUCTION Accounts Payable Check 308.00 95514 6/25/2004 GRISANTI HARDWARE Accounts Payable Check 5.94 95515 6/25/2004 H.D.PETERSON Accounts Payable Check 67.45 45 City of Atascadero Disbursement Listing For the Month of June 2004 Check Check • Number Date Vendor Description Amount 95516 6/25/2004 ANN HALL Accounts Payable Check 3,033.88 95517 6/25/2004 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 16.00 95518 6/25/2004 HELPING HAND HEALTH EDUCATION Accounts Payable Check 60.00 95519 6/25/2004 MEREDITH HENDRICKSON Accounts Payable Check 148.00 95520 6/25/2004 HINDERLITER,DE LLAMAS Accounts Payable Check 1,721.41 95521 6/25/2004 IDENTIX INCORPORATED Accounts Payable Check 4,929.28 95522 6/25/2004 INFINITY CABLE PRODUCTS,INC. Accounts Payable Check 489.29 95523 6/25/2004 INFORMATION TECHNOLOGY Accounts Payable Check 8,287.97 95524 6/25/2004 J&S SWEEPING SERVICE Accounts Payable Check 1,365.00 95525 6/25/2004 J.CARROLL Accounts Payable Check 566.09 95526 6/25/2004 SHAWNEE JACKSON Accounts Payable Check 44.00 95527 6/25/2004 JB DEWAR INC Accounts Payable Check 73.77 95528 6/2512004 JERRY'S PLUMBING&HEATING Accounts Payable Check 913.55 95529 6/25/2004 JENNIFER JIMENEZ Accounts Payable Check 30.00 95530 6/25/2004 KINKO'S Accounts Payable Check 47.19 95531 6/25/2004 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 124,880.40 95532 6/25/2004 LEO TIDWELL EXCAVATING,CORP. Accounts Payable Check 9,126.* 95533 6/25/2004 LOCATE PLUS CORPORATION Accounts Payable Check 2.50 95534 6/25/2004 GEORGE W.LUNA Accounts Payable Check 473.75 95535 6/25/2004 MARK SIMON SEWER MAINTENANCE Accounts Payable Check 14,370.00 95536 6/25/2004 MARK MARKWORT Accounts Payable Check 24.75 95537 6/25/2004 MATHIS&ASSOCIATES Accounts Payable Check 4,738.02 95538 6/25/2004 WADE MCKINNEY Accounts Payable Check 357.00 95539 6/25/2004 MCMASTER-CARR SUPPLY CO. Accounts Payable Check 56.51 95540 6/25/2004 MEYERS NAVE Accounts Payable Check 326.87 95541 6/25/2004 MINER'S ACE HARDWARE Accounts Payable Check 132.95 95542 6/25/2004 MATTHEW J.MIRANDA Accounts Payable Check 40.00 95543 6/25/2004 MISSION UNIFORM SERVICE Accounts Payable Check 68.21 95544 6/25/2004 MORRO BAY LOCKSMITH SHOP Accounts Payable Check 55.00 95545 6/25/2004 MORRO GROUP,INC. Accounts Payable Check 3,424.00 95546 6/25/2004 MOSS,LEVY,&HARTZHEIM Accounts Payable Check 3,000.00 95547 6/25/2004 DAVID MUEHLHAUSEN Accounts Payable Check 21.25 95548 6/25/2004 MARK NABORS Accounts Payable Check 34.63 95549 6/25/2004 NATIONAL STAFFING LLC Accounts Payable Check 505.6 95550 6/25/2004 NAVAJO ROCK&BLOCK Accounts Payable Check 318.75 95551 6/25/2004 JOSEPH M.NELLESON Accounts Payable Check 102.00 46 City of Atascadero Disbursement Listing For the Month of June 2004 • Check Check Number Date Vendor Description Amount 95552 6/25/2004 NEW EDGE NETWORKS TRANSEDGE Accounts Payable Check 279.95 95553 6/25/2004 NICKSON'S MACHINE SHOP INC. Accounts Payable Check _5,723.79 95554 6/25/2004 OFFICE DEPOT INC. Accounts Payable Check 79.31 95555 6/25/2004 OFFICE OF TOM J.BORDONARO,JR Accounts Payable Check 12.50 95556 6/25/2004 OUTLET TOOL SUPPLY Accounts Payable Check 217.62 95557 6/25/2004 PACIFIC GAS AND ELECTRIC Accounts Payable Check 166.59 95558 6/25/2004 PADRE ASSOCIATES,INC. Accounts Payable Check 14,816.12 95559 6/25/2004 PAPER WORKS Accounts Payable Check 81.23 95560 6/25/2004 PASO ROBLES TRUCK CENTER Accounts Payable Check 2,293.47 95561 6/25/2004 PAVEMENT ENGINEERING,INC. Accounts Payable Check 3,660.00 95562 6/25/2004 PC MALL Accounts Payable Check 2,496.35 95563 6/25/2004 PERRY'S ELECTRIC MOTORS&CTRL Accounts Payable Check 206.70 95564 6/25/2004 PERRY'S PARCEL SERVICE Accounts Payable Check 8.67 95565 6/25/2004 POLICE DEPARTMENT PETTY CASH Accounts Payable Check 97.81 95566 6/25/2004 PLATINUM PLUS FOR BUSINESS 1298 Accounts Payable Check 0.14 95567 6/25/2004 POOR RICHARD'S PRESS Accounts Payable Check 2,734.16 95568 6/25/2004 PRINT LOGIC,INC. Accounts Payable Check 70.00 95569 6/25/2004 PRO MOTION SIGNS&SPORTS Accounts Payable Check 128.63 95570 6/25/2004 PROCARE JANITORIAL SUPPLY Accounts Payable Check 138.37 95571 6/25/2004 PSOMAS Accounts Payable Check 19,535.40 95572 6/25/2004 GRACE L.PUCCI Accounts Payable Check 952.50 95573 6/25/2004 QUILL CORPORATION Accounts Payable Check 199.07 95574 6/25/2004 R.BURKE CORPORATION Accounts Payable Check 179,729.59 95575 6/25/2004 BILL RAINWATER Accounts Payable Check 51.00 95576 6/25/2004 RECOGNITION WORKS Accounts Payable Check 124.41 95577 6/25/2004 STEVE ROMO Accounts Payable Check 102.00 95578 6/25/2004 BLAKE ROSKELLEY Accounts Payable Check 68.00 95579 6/25/2004 SAFETY-KLEEN INC. Accounts Payable Check 193.90 95580 6/25/2004 SANSOME COMPANY,INC. Accounts Payable Check 37,719.46 95581 6/25/2004 SANTA MARIA TIRE,INC. Accounts Payable Check 78.02 95582 6/25/2004 SANTA MARIA TOOL,INC. Accounts Payable Check 1,821.99 95583 6/25/2004 ROWENA SANTOS-STAFFORD Accounts Payable Check 54.00 95584 6/25/2004 SCOTT SATTERTHWAITE Accounts Payable Check 80.00 • 95585 6/25/2004 SBC Accounts Payable Check 1,156.93 95586 6/25/2004 SBC/MCI Accounts Payable Check 443.64 47 City of Atascadero Disbursement Listing For the Month of June 2004 Check Check • Number Date Vendor Description Amount 95587 6/25/2004 SECONDARY MIND Accounts Payable Check 1;765.00 95588 6/25/2004 RICHARD J.SHANNON Accounts Payable Check 735.00 95589 6/25/2004 SHELL Accounts Payable Check 47.93 95590 6/25/2004 JOHN SIEMENS Accounts Payable Check 439.60 95591 6/25/2004 SIGN OUTLET Accounts Payable Check 311:70" 95592 6/25/2004 SHANNON SIMS Accounts Payable Check 25.00 95593 6/25/2004 DAVID L.SMAW Accounts Payable Check 153.00 95594 6/25/2004 SO CA TRAINING OFFICERS ASSC Accounts Payable Check 40.00 95595 6/25/2004 SAFETY EQUIPMENT SOLON FIRE CONTROL FIRE Accounts Payable Check 304.23 95596 6/25/2004 STEIN'S DELI Accounts Payable Check 160.00 95597 6/25/2004 STEWART'S WHEEL SHOP Accounts Payable Check 40.00 95598 6/25/2004 GARI STINEBAUGH Accounts Payable Check 14.13 95599 6/25/2004 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 201.66 95600 6/25/2004 SWITZER DIESEL REPAIR Accounts Payable Check 2,250.65 95601 6/25/2004 TECH XPRESS Accounts Payable Check 452.00 95602 6/25/2004 TEMPLETON UNIFORMS Accounts Payable Check 95.18 95603 6/25/2004 TESORO CAR WASH Accounts Payable Check 75.0 95604 6/25/2004 TIME WARNER TELECOM Accounts Payable Check 0.45 95605 6/25/2004 MARCIA TORGERSON Accounts Payable Check 174.00 95606 6/25/2004 MARTIN TRACEY Accounts Payable Check 0.25 95607 6/25/2004 TRIBUNE Accounts Payable Check 2,102.33 95608 6/25/2004 UC REGENTS Accounts Payable Check 125.00 95609 6/25/2004 ULTREX BUSINESS PRODUCTS Accounts Payable Check 377.33 95610 6/25/2004 UNION ASPHALT,INC. Accounts Payable Check 39,359.44 95611 6/25/2004 UNION PACIFIC RAILROAD CO Accounts,Payable Check 412.60 95612 6/25/2004 UNIVERSAL STEAM Accounts Payable Check 265.00 95613 6/25/2004 UPS Accounts Payable Check 32.89 95614 6/25/2004 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1,382.86 95615 6/25/2004 TOM VELASQUEZ Accounts Payable Check 51.00 95616 6/25/2004 VERIZON WIRELESS Accounts Payable Check 127.88 95617 6/25/2004 MATT VIERRA Accounts Payable Check 50.00 95618 6/25/2004 VONS Accounts Payable Check 6.57 95619 6/25/2004 VOSE SERVICES Accounts Payable Check 85.00 95620 6/25/2004 PATRICIA WEEMS Accounts Payable Check 20.0 95621 6/25/2004 WESTERN FARM SERVICE,INC. Accounts Payable Check 501.51 95622 6/25/2004 WOODWARD ACOUSTICS,INC. Accounts Payable Check 420.00 48 City of Atascadero Disbursement Listing For the Month of June 2004 •Check Check hTumber Date Vendor Description Amount 95623 6/25/2004 JENNIFER WORK Accounts Payable Check 30.00 95624 6/25/2004 WULFING'S POLYGRAPH SERVICE Accounts Payable Check 175.00 95625 6/30/2004 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 70,009.67 95626 6/30/2004 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 1,635.40 95627 6/30/2004 COLONIAL LIFE&ACCIDENT INS. Payroll Vendor Payment 1,413.07 95628 6/30/2004 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 7,871.70 $ 1,825,050.67 • • 49 ITEM NUMBER: A-6 DATE:` 07/27/2004 111 9II � ■ _ 16 q psis � 1 a CADS Atascadero City Council Staff Report- Administrative Services Department 2004-2005 AnnualSpending Limit RECOMMENDATION: Council adopt the attached draft Resolution establishing the annual spending limit for fiscal year 2004-2005. DISCUSSION: As part of the City's annual budget adoption process, the City's annual spending limit (Gann Limit) must be approved by the Council. Staff calculates the new limit'based on the formula set forth in Proposition 111. The limit was calculated as follows: A. Prior Year Spending Limit $12,789,250 B. Population Factor 1.0115 C. Inflation Factor 1.0428 D. Adjustment Factor(B*C) 1.0548 E. Total Adjustment (A*(D-1)) $700,851 F. Current Year Limit (A+E) $13,490,101 FISCAL IMPACT: None ATTACHMENT: Resolution 50 ITEM NUMBER: A-6 DATE: 07/2712004 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING THE FISCAL YEAR 2004-2005 ANNUAL SPENDING LIMIT The City Council hereby finds and declares as follows: WHEREAS, Proposition i 11 revises the methodology used to calculatethe Annual Spending Limit; and WHEREAS, the City of Atascadero must select the most appropriate:criteria to be used in calculating the annual limit;and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. That the City of Atascadero elects to use the following criteria for fiscal year 2004- 2005 in establishing its new Annual Spending.Limit: Increase in County Population and Increase in Non-Residential Assessed Valuation due to New Construction SECTION 2. That the annual spending limit for 2004-2005 is calculated as follows: Fiscal Year Percentage Change New Limit 2004-2005 5.48% $13,490,101 SECTION 3. Any judicial action or challenge must be commenced within 45 days of the effective date of this resolution. SECTION 4. Documentation used in determining the Annual Spending Limit is available to the public in the Administrative Services Department, City Hall Annex, 6905 El Camino Real, Suite 46, Atascadero, California. 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: 46 ABSTAIN: 51 ITEM NUMBER: A-6 DATE: 07/27/2004 ABSENT: DATE ADOPTED: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C., City Clerk Dr. George Luna, Mayor APPROVED AS TO FORM: • Thomas R. Gibson, Interim City Attorney 52 ITEM NUMBER: A-7 ■ ■. n ■ DATE: 7/27/2004 1918 i 1 8 Atascadero City Council Staff Report - City Clerk Marcia McClure Torg erson Conflict of Interest Code - Biennial Review RECOMMENDATION: Council adopt the Draft Resolution, updating and amending the Conflict of Inte Code for the City of Atascadero. rest DISCUSSION: The Political Reform Act requires every local government agency to review its Conf of Interest Code'biennially (on the even years) to determine if it is accurate andl�if needed, make any necessary amendments. The Conflict of Interest Code is a document that designates the positions within an agency that make or participate in making governmental decisions that may foreseeably have a material effect on an financial interest. The Code further sets out, in paragraphs -called disclosure categories, the specific types of investments, business positions, interest in real property and sources of income that must be reported by the designated positions. The City Council is the Code-reviewing body for the City of_Atascadero. The Political Reform Act requires that this Council adopt any amendments no later than December 30, 2004. This Conflict of Interest Code pertains only to the designated positions listed in Exhibit A. The following officials are exempt from this Code as they are otherwise required to file disclosure statements pursuant to State Law under Govt. Code 87200: aCouncil Members, City Treasurer, Planning Commissioners, City Manager and City Attorney. The City Clerk and the City Attorney have reviewed the current Code. The proposed amendments to the Conflict of Interest Code incorporate the basic provisions required by Government Code Section 87302 and comply with FPPC regulations. The revised list contains a dist of designated positions that make or participate in making governmental decisions. The recommended changes reflect the current staffing of the City of Atascadero. The recommended new language is indicated by unde_ing and the recommended deleted language is indicated by s#ikeaut, No substantive chan e have been suggested. 9 s 53 ITEM NUMBER: A-7 DATE: 7127/2004 FISCAL IMPACT: None. ALTERNATIVES: The Code must be updated. The Council is free to add positions to the Codeor to suggest any other changes, so long as the changes comply with the Political Reform Act. Changing the disclosure requirements is not recommended. It is important that the current positions are accurately described. ATTACHMENTS: Draft Resolution Conflict of Interest Code 54 ITEM NUMBER: A-7 DATE: 7/27/2004 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially(in even-numbered years)to determine if its accurate and up-to- date, or, alternatively, that the Code must be amended; and NOW, THEREFORE BE IT RESOLVED, by the City Councilofthe City of Atascadero as follows: SECTION 1. Resolution No. 2002-033, adopted on August 13, 2002, is hereby rescinded. SECTION 2. That the Conflict of Interest Code attached to this Resolution as Exhibit A be, and hereby is, adopted as the Conflict of Interest Code for the City of Atascadero. 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: Dr.George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Thomas R. Gibson, Interim City Attorney 55 ITEM NUMBER: A-7 DATE: 7/27/2004 CONFLICT OF INTEREST CODE OF THE CITY OF ATASCADERO The Political Reform Act, Government Code Section 81000, et. seg., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Atascadero. Designated employees shall file their statements with the City of Atascadero who will make the statements available for public inspection and reproduction- (Gov. Code Section 81008). Statements for all designated employees will be retained by the City of • Atascadero. 56 ITEM NUMBER: A-7 DATE: 7/27/2004 • DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Position:2 Disclosure Category: Assistant City Manager 1 Assistant to the City Manager 1 City Clerk 1 Technology Director 1 Public Works Director/ City Engineer 1 Deputy Public Works Director 1 Consultants 1' Community Development Director 1 Deputy Community Development Director 1 Redevelopment Specialist 1 Director of Community Services 1 Building Official / Fire Marshal 1 Planning Services Manager 1 Exempt Officials4 1 Administrative Services Director 1 _Deputy Administrative Services Director 1 Fire Chief 1 Police Chief 1 Members of all permanent City Commissions, Boards 1 and Committees not otherwise required to file Conflict of Interest Statements Fire Battalion Chief 2 Fire Captain 2 Police Lieutenant 2 Police Sergeant 2 Chief Waste Water Operator 2 Public Wepks 96;Per endent 2 2 In the event that State law or regulations regarding the filing of Conflict of Interest Statements should be amended, this Exhibit shall be changed to include the designated position and category of each official as required by said amendment. s Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations. The City Manager may determine in writing that a particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and this is not required to fully comply with the disclosure requirement described in this Section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection by the City Clerk in the same manner and location as this Conflict of • Interest Code. 4 Exempt Officials include the Mayor, Members of the City Council, City Treasurer, Members of the Planning Commission, City Manager, and City Attorney, who are all otherwise required to file disclosure statements pursuant to State Law. 57 ITEM NUMBER: A-7 - DATE: 7/27/2004 CATEGORIES OF REPORTABLE ECONOMIC INTERESTS Designated Persons in Cateqory "1 Must Report: All investments, interests in real property, income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within and subject to the jurisdiction of the City, or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of the City at any time during the two years prior to the filing of the statement. Designated Persons in Category"2" Must Report: (1) All investments in real property located within or subject to the jurisdiction of the City. (2) investments in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. (3) Income from any source which within the last two years has contracted or in • the future foreseeably may contract with the City. (4) His or her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. • 58 ITEM NUMBER: A-7 DATE: 7/27/2004 82030. INCOME. (A) "Income" means (except as provided in subdivision B): A payment- received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the flier, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10 percent interest or greater. ."Income,"other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the having done -business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (13) "Income" does not include: (1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100). (2) Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic, or charitable organization. (3) Any devise or inheritance. (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. (5) Dividends, interest, or any other return on a security which is registered with the Securitiesand Exchange Commission of the United States Government or a commodity future registered with the Commodity Futures Trading Commission of the United States Government, except proceeds from the sale of these securities and commodities futures. (6) Redemption of a mutual fund. (7) Alimony or child support payments. (8) Any loan or loans from a commercial lending institution which are made in the lender's regular course of business on terms available to members of the public without regard to official status if: 59 ITEM NUMBER: A -7 DATE: 7/27/2004 (a) Used to purchase, refinance the purchase of, or for improvements to, the`principal residence of flier; or (b) The balance owed does not exceed ten thousand dollars ($10,000). (9) Any loan from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan from any such person shall be considered income if the lender is acting as an agent or intermediary for any person not covered by this paragraph. . (10) Any indebtedness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand dollars ($10,000). (11) Payments received under a defined benefit_pension plan qualified under Internal Revenue Code Section 401(a). (12) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States Government or from the sale of commodities futures registered with the Commodity Futures Trading commission of the United States Government if the flier sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser. i 60 ITEM NUMBER: A-8 DATE: 07/27/04 Isis 1a e Atascadero City Council Staff Report - City Manager's Office Land Lease Agreement Atascadero Chamber of Commerce RECOMMENDATION:, Council approve the draft Resolution approving Land Lease Agreement between the City of Atascadero and the Atascadero Chamber of Commerce, and authorize City Manager to execute the Agreement. DISCUSSION: Background: On or about August 24, 1994, the City of Atascadero and the Atascadero Chamber of Commerce entered into a'Lease Agreement for a ten year period that is due to expire on or about August 24, 2004. During negations of the new Lease Agreement, it was shown that the Atascadero Chamber of Commerce is the owner of the modular building that is used for operating a Chamber of Commerce. The City of Atascadero is the owner of the real property upon which the modular unit is situated - hence designating the document as a Land Lease Agreement. Key differences between the former Lease and the current Agreement are as follows: Twenty (20) year term. ➢ Option of either party to terminate Lease upon six months written notice. ➢ Chamber to tender$1,000.00 to City annually each year of the Lease. ➢ City reserved the right to renegotiate the insurance requirements subject to six (6) month written notice. In the event of default,City is to provide a three (3) month written notice of default, after which if not cured the City may terminate the Agreement and seek such remedies as the City may have at law. Conclusion: City Staff and Chamber representatives negotiated the Land Lease Agreement over a two-month period, and concur on the terms and conditions contained therein. 'Staff recommends approval of said Agreement. 1 61 ITEM NUMBER: A-8 DATE: 07/27/04 FISCAL IMPACT: The City of Atascadero will receive revenue in the amount of $1,000.00 each year of the Agreement for a total of $20,000 over the term of the Lease. ALTERNATIVES: 1. The City Council may alter the terms and conditions of the Land Lease Agreement. 2. The City Council may decline to lease the real property, and require the Atascadero Chamber of Commerce to remove the modular building. Alternative 1 in not recommended given the time and effort of Staff and the Chamber in reaching agreement,' and alternative 2 is also not recommended= because of the disruption in the Chamber's ability to provide service to the business community that would surely result. ATTACHMENTS: 1. Draft Resolution 2. Draft Land Lease Agreement 2 62 • DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING LAND LEASE AGREEMENT BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO CHAMBER OF COMMERCE WHEREAS, it is necessary for the City Council of the City of.Atascadero, California, (hereinafter referred to as "City Council"), to approve a new Land Lease Agreement (hereinafter referred to as "Lease Agreement") between the City of Atascadero and the Atascadero Chamber of Commerce;and WHEREAS, the Atascadero Chamber of Commerce has leased real property located at 6550 El Camino Real, Atascadero, California from the City of Atascadero at that location most recently since August 1994, pursuant to an Agreement on file with the City Clerk; and, WHEREAS,the City Council finds that its approval of a new Lease Agreement will be in the best interest of the City of Atascadero, California. NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,DOES HEREBY RESOLVE AS FOLLOWS: L That the foregoing is true, correct and adopted. • 2. That the City Council of the City of Atascadero, California, does hereby approve the Lease Agreement with Atascadero Chamber of Commerce for the purpose of operating a Chamber of Commerce. 3. That the City Manager for the City of Atascadero, or his/her designee, is hereby authorized to sign said Lease Agreement, a copy of which is on file at the Office of the City Clerk, on behalf of the City of Atascadero, California. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, California held on day of 2004. CITY OF ATASCADERO By: Dr. George Luna,Mayor ATTEST: APPROVED AS TO FORM: By: By: • Marcia McClure Torgerson, C.M.C., Thomas R. Gibson, City Clerk Interim City Attorney 1 63 LAND LEASE AGREEMENT THIS LEASE AGREEMENT is entered into on this day of ` 2004, by and between the City of Atascadero, California, a municipal corporation (hereinafter referred to as "City") and Atascadero Chamber of Commerce, a California non-profit corporation (hereinafter referred to as "Chamber"). RECITALS WHEREAS,Chamber desires to operate a Chamber of Commerce out of a City owned property, and has agreed to rent said space from City; and WHEREAS, the City, in consideration of the promises and covenants of Chamber set forth herein, agrees to rent'said property to Chamber for the purpose of operating a Chamber of Commerce,and for no other purpose. NOW,THEREFORE, the parties hereto agree as follows: 1. City and Chamber acknowledge and agree that the modular building residing on the land is owned by the Atascadero Chamber of Commerce as evidenced by a Resolution of the County of San Luis Obispo, California,dated July 21, 1973 a copy of which is attached as Exhibit B; and, County of San Luis Obispo Possessory Interest Tax Billfor2003/2004 a copy of which is attached as Exhibit C. 2. Land: The City will rent land to Atascadero Chamber of Commerce located at 6550 El Camino Real, Atascadero, California, (hereinafter referred to as "Land"), for Chamber of Commerce activities within the City of Atascadero. See Exhibit A attached. The land and building is hereinafter referred to as "Premises." 3. Term: The term of this Agreement shall have a period of twenty (20) years beginning on September 1, 2004, and ending August 31, 2024, unless sooner terminated as provided herein. In the event the Chamber shall continue in possession of the premises after the expiration of the Agreement term, such possession shall not be considered a renewal of this Agreement but a month to month agreement which shall be governed by the terms of this Agreement and which may be terminated at any time by either party giving the other six months (6) months written notice of the termination. 4. Option to Terminate: City and Chamber shall have the right to terminate this Agreement, without cause,by giving not less than six (6) months written notice of termination. 5. Alterations to City's Facilities: Improvements/Alterations by City: a. City recognizes and understands that any tenant improvements to the land requested • by the Chamber may be subject to the provisions contained in the California Labor Code (commencing with Section 1720) relating to general prevailing wage rates and other pertinent provisions therein. 1 64 • b. City shall comply and stay current with all applicable building standards, which may change from time to time. c. The City and/or its authorized agents shall have the right to enter the premises at all reasonable times to inspect the condition of the premises, and to make necessary repairs. Improvements/Alterations by Chamber: a. Any improvements to be undertaken by Chamber shall have the prior written consent of City after Chamber has provided plans for any such proposed alterations or improvements to the City_in writing. City shall not unreasonably withhold such consent. b. All improvements installed by the Chamber shall remain Chamber property, and may be removed by Chamber at or prior to the expiration of this lease; provided,however, that such removal does not cause injury or damage to the leased land, or in the event it does, the land shall be restored by Chamber. 6. Lease: Chamber shall pay One Thousand Dollars and No Cents ($1000.00) rent per year to the City commencing September 1, 2004 through August 31, 2024, on the'first day of each year, At the option of the Chamber, advance yearly rental payments may be made for any period through the term of this Agreement, provided, however, in the event of holding over, this sentence shall have no force or effect and payments shall be made on the first day of each year. 7. Personal Property Taxes: Chamber shall pay, before delinquency, all taxes assessed against any personal property of Chamber installed or located in or upon the leased Premises, and become payable during the term of this Lease 8. Real Property Taxes: In addition to all other rent payable by Chamber hereunder, Chamber agrees to pay its proportionate share of real-property taxes, if any, or any increases in real property taxes over taxes paid in the first year of this Lease, levied or assessed against the land and the building in which the leased Premises are situated. Real property taxes for any factional portion of a fiscal year included in the lease shall be prorated on the basis of a 360-day year. 9. Telephone, Utilities & Custodial Services: Chamber will install and pay for telephone service, electric power, gas and heat, water and sewer service, trash collection, and all other services and utilities supplied to the leased land during the entire term of this Lease, and shall promptly pay all connection and termination charges therefore, and shall provide custodial services for the interior and exterior, to include any landscaping, of the facility at its expense. • 2 65 10. Maintenance of Facility: Whereas the City acknowledges that the structure is owned by • the Chamber and shall keep the leased premises in such condition, and in compliance with federal, state, and local laws, ordinance, rules and regulations relating to fire, health, and safety, and Chamber shall keep the exterior and interior of the leased premises, including but;not limited to, air conditioning equipment, heating equipment, plumbing, electrical wiring and fixtures, windows and structural part, in good working condition and repair and in compliance with such laws, ordinance,rules and regulations. Chamber shall notify City promptly of any damage to the leased premises or the;building in which they are situated resulting from or attributable to the acts or omissions of Chamber, its invitees or its authorized representatives, and thereafter promptly repair all such damage at Chamber's sole cost and expense. Chamber waives the right to make repairs and to deduct the expenses thereof from the rent payable by Chamber in exchange for paying less than market rental rates. 11. Insurance Coverage: Chamber will provide public liabilitycoverage, property damage and insurance in,the amount of One Million Dollars and No Cents ($1,000,000.00), in both Chamber and the City's name. 'Chamber shall file with the City Clerk copies of the Certificates of Insurance for said insurance coverage indicating that the City of Atascadero, its agents, officers, and employees are additionally insured under said policies. Said Certificate shall state that the policy(s) will not be ternunated or cancelled without thirty-days (30) advance written notice to City of termination or cancellation thereof. City reserves the right to renegotiate this paragraph (section) subject to six months written notice. 12. No Joint Venture: Nothing in the Agreement is intended nor shall create between City and Chamber an employer/employee relationship, a principal/agent relationship, or a joint venture relationship. City shall neither have nor exercise any control or direction over the methods by which Chamber shall perform Program functions. Chamber shall have no claim under this Agreement or otherwise against City for worker's compensation, unemployment compensation, vacation pay, sick leave, retirement benefits, Social Security benefits, disability insurance benefits, unemployment insurance benefits, or any other employee benefits, all of which shall be the sole responsibility of Chamber. Chamber shall indemnify and hold harmless City from any and all cost (including attorney's fees),loss, or liability by or on behalf of any member, agent, or employee of Chamber, or by any government entity, alleging that any such member, agent, or employee of City. The occupancy of the premises by Chamber shall be subject to reasonable rules and regulations of City and Chamber shall be subject to all provisions of law applicable to the providing of the program described herein. 13. Parking: Chamber acknowledges and agrees that any parking spaces provided by City in and around the building or the leased premises are solely for the convenience of the customers of Chamber, its employees or its customers, unless otherwise specifically designated by the City in writing. City shall have the right and obligation to establish and enforce reasonable rules and regulations concerning the use of the parking area. 3 66 • 14. Default: In the event that Chamber shall become delinquent in payment of rent or the Chamber fails to keep or perform>any of the terms or conditions of this Agreement, City shall give Chamber three (3) months written noticeordefault, at the expiration of which period or at any time thereafter while such default continues, City may terminate this Agreement and exercise such remedies as City may have at law. 15. Governing Law: The parties agree that the laws of the State of California shall govern'` this Agreement. City and Chamber agree that any suit brought by either party against the other arising out of the performance of this Agreement shall be brought and maintained in the Superior Court of California,In and For the County of San Luis Obispo, 16. Disabilities Act: Nothing in this Agreement shall obligate to Chamber the duty to comply with any law, including but not limited to, the American with Disabilities Act, that requires alterations, maintenance,or restoration to the Premises. 17. Voluntary Transfers: Chamber shall not sell, transfer or assign this Lease, or any part thereof, or interest therein, or hypothecate or grant any rights hereunder, or create or permit any subleases for the leased premises. 18. Nondiscrimination: Chamber shall not discriminate, in any way, against any person on the basis of age, sex,race, color, creed, national origin or disability in connection with or related to the performance of this Lease. 19. Mutual Indemnification: It is mutually understood and agreed that: a. Neither Chamber, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, City shall fully indemnify and hold Chamber harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reasons of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this agreement. b. Neither City nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Chamber under or in connection with any work, authority or jurisdiction delegated to Chamber under this agreement. It is also understood and agreed that, pursuant to government Code Section 895.4, Chamber fully indemnify and hold City harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reasons of anything done or omitted to be done by Chamber under or in connection with any work, authority or jurisdiction delegated Chamber under this agreement 20. Binding on Successors: Chamber and City agree that each of the terms, conditions, and obligations of this Lease Agreement shall extend to and bind, or inure to the benefit of • the respective parties hereto, and each and very one of their respective heirs, executors, administrators,representatives, successors and assigns. 4 67 21. Notices: Any notices, payments or consents required or desired to be served or given by • either party upon the other shall be addressed,to.the respective parties as forth below: City: Chamber: City Manager Executive Director City of Atascadero Atascadero Chamber of Commerce 6905 El Camino Real, Suite 6 6550 El Camino Real Atascadero; CA 93422 Atascadero, CA 93422 Or the respective parties shall designate such addresses as from time to time. All notices and/or amendments to this Agreement shall also be delivered to City's attorney as follows: Office of the City Attorney 6905 El Camino Real, Suite 6 Atascadero, CA 93422. 22.'Heading Not Controlling: Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement. 23. Entire Lease Agreement: This Lease Agreement and exhibits contains the entire agreement between Chamber and City. All previous proposals and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of, or exception toany of the terms; conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties. 24. Partial Invalidity: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 25. Waiver: The waiver by any party to this Agreement of a breach of any provision hereof, shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof, unless specifically stated in writing. 26. Execution: The undersigned acknowledge having read and understood the foregoing. • 5 68 • IN WITNESS WHEREFORE, the parties hereto have executed this agreement on the day and year above and below written. City of Atascadero Atascadero Chamber of Commerce Date: ,2004 Date: , 2004 By: By: Wade G. McKinney, City Manager Joanne Main,Executive Director ATTEST: APPROVED AS TO FORM: By: By; Marcia McClure Torgerson, C.M.C. Thomas R. Gibson City Clerk Interim City Attorney • • 6 69 LIVE FILE Convert Access Star THIS SHEET INDICATES THIS SECTION CONTAINS POOR QUALITY IMAGES r o � 4S{ 1, 44 d .r i rti i 4 , n i sry t '�1 AUVas m :J u _I t5 ry r p �t1 Y s r 4 4 Y `rvS ii t ' Pv `���4 � ��' M '��j {,�<YS F ry: �✓�'�(ES �"§y�� ftx�4� sw3xWlG bdc .Y y '� yo l 4� r l .✓'d�Fii�wl� U, � 5 xv !r ""k 1 � . 1 EK FOR FISGALYEAR t pATE BILLED TAX RATA=AREA" ASSESSMENT NO 2003/04 SECURED TAX BILL 2003/04 10-17-03 007-037 940,000,077 04913 E COATAC. s. z a BILLNUMBER FOR CITIES,COUNTY,SCHOOLS,OTHER TAXING AGENCIES 2003IO4 940,000,077 20 IN SAN LUIS OBISPO COUNTY PROPERTY a a�" er � �x $ 5 x CRANK L. FREITAS DESCRIPTaolyZ PossESso RE�sT� OURIST&,BUSINESSPROMOT County Tax Collector Room 203 ASSESSEDQWNER SOF County Government Center • San Luis Obispo,CA 93408-2060 ATASCADERO CHAMBER OF COMMERCE e xfr:.>nmaa�c � '�' ",s..�'"., `a.,�a�., PROPERTY VALUE ALLOCATION ASSESSED VALUE; TAXING AGENCY TAX,RATE'_h$100 ...- _„AMOUNT LAND 21 ,877 MAXIMUM TAX RATE 1 . 00000 437.56. STATE'WATER PROD . 00230 1 . 00 IMPROVEMENTS � fl 21 ,877` ATAS UNIF OVERRIDE -. 09750 42.64 w,�,4 - PERSONAL PROPERTY AV TAX SUBTOTAL_ 1 . 09980 481 .20 FIXTURES/EQUIPMENT : The total values listed above less the exemptions listed below equal the net property value. , EXEMPTION AMOUNT s Tax information on the Web! I 0 See www.slocountytax.org ' l �I -°3 t` • - • - We accept as negotiable � FIRST INSTALLMENT,, , SECOND INSTALLMENT . instruments only checks and 43,754 240.60 240.60 481.20 money orders drawn in U.S. dollars on U.S. banks. DUE DATE: 11-01-03 DUE DATE: 02-01-04 DELINQUENT: 12-10 0 3 DELINQUENT: 0 4-12—0 4 • ADDITIONAL PENALTIES ADDEDAFTER71NE 3011 ITEM,NUMBER: A-9 DATE: 7/27/04 'e e e ■ 1918 a 1976 CM° vi, Atascadero City Council Staff Report - City Manager's Office Employee Salary Schedule; Modification to labor organization agreements; Salary and-Benefit Resolution for Non-Represented Professional, Management Workers and Confidential Employees RECOMMENDATIONS: Council: 1. Adopt draft Resolution, authorizing salaries and benefits for Non-Represented Professional and Management Workers and Confidential Employees;'and, 2. Approve modification to labor agreements for all employee groups; and, 3. Approve Addendum to City Manager Employment Agreement; and 4. Approve the Salary Schedule, effective July 1, 2004. DISCUSSION: The City has current labor agreements with all employees. The contracts have been modified providing employees with an additional 3% salary increase. The increase is dependant on staff creating a positive change to the City Budget. This means a reduction of cost or increase of revenue or a combination of :both of at least $200,000 for the increase to be maintained the following year. The addendum language is as follows: Addendum to Memorandum of Understanding 1. The City will provide an additional across the board increase of 3% to all employees for the 2004-05 fiscal year. If there is a positivechangein the City's adopted budget of $200,000 the 3% increase shall be considered part of base salary as of July 1, 2005. However, if there is not a positive change of $200,000 the 3% shall not be considered as part of base salary for negotiations. 72 ITEM NUMBER: A-9 DATE: 7/27/04 An addendum to the City Manager's contract is included providing for enhancements to deferred compensation benefits. An annual City Council Resolution<(attached) sets forth the ;salary and benefits of the non-represented employees. The non-represented employees receive benefitsthatare`generally consistent with the represented groups and the Cost of Living Adjustment (COLA) is consistent for all employees; Annually the City adopts a Salary Schedule. FISCAL IMPACT: The costs for the proposal are contained within the Annual Operating Budget. Total increased cost is 3% of salary for this fiscal year. ATTACHMENTS: 1. Draft Resolution for Non-Represented Professional and Management Workers and Confidential Employees 2. Addendum to City Manager Employment Agreement 3. Salary Schedule 7/04 i 73 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING THE COMPENSATION AND BENEFIT PLAN FOR NON-REPRESENTED PROFESSIONAL AND MANAGEMENT WORKERS AND CONFIDENTIAL EMPLOYEES, EFFECTIVE JULY 1, 2004—JUNE 309 2005 WHEREAS, the Government'Code of the State of California prescribes a procedure for discussing and resolving matters regarding wages, hours and other terms and conditions of employment; and WHEREAS, the City Personnel Rules and Regulations provided for a Compensation Plan; and WHEREAS, the City desires to set forth salaries and benefits for Non-Represented Professional and Management workers and Confidential Employees; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero that all prior Resolutions for non-represented employees are repealed; and the Professional and Management Staff and Confidential Staff Compensation and Benefit Plan is hereby established as follows: Positions The following positions are included in this Resolution. The City Manager and Department Heads have individual employment agreements defining other terms and conditions of employment not described herein. Executive Management Positions Administrative Services Director Assistant City Manager City Manager Community Development Director Community Services Director Fire Chief Information Technology Director Police Chief Public Works Director Management Positions Assistant to the City Manager • Deputy Administrative Services Director Deputy Community Development Director 74 City of Atascadero Draft Resolution Page 2 Deputy Director of the Redevelopment Agency Deputy Public Works Director Police Lieutenant Redevelopment Specialist Information Technology Manager Confidential (Includes only designated positions within the classifications) Accounting Specialist Administrative Assistant Executive Assistant—Personnel Finance Technician Salaries The following monthly salaries become effective July 1,2004. Accounting Specialist , 20 3,176.38 3,335.19 3,501.95 3,677.05 3,860.90 Administrative Assistant 20 3,176.38 3,335.19 3,501.95 3,677.05 3,860.90 Administrative Services Director 51 6,764.52 7,102.74 7,457.881 71830.77 89222.31 Assistant City Manager 51 6,764.52 7,102.74 7,457.88 7,830.77 8,222.31 Assistant to the City Manager 38 49927.60 59173.98 5,432.68 5,704.31 5,989.53 City Manager 62 8,849.26 9,291.73 9,756.31 10,244.13 10,756.34 Community Development Director 51 6,764.52 7,102.74 7,457.88 7,830.77 8,222.31 Community Services Director 51 6,764.52 7,102.74 7,457.88 79830.77 8,222.31 Deputy Administrative Services Director 38 4,927.60 5,173.98 5,432.68 5,704.31 5,989.53 Deputy Community Development Director 43 5,565.18 5,843.44 6,135.62 6,442.40 6,764.52 Deputy Director of the Redevelopment Agency 43 5,565.18 5,843.44 6,135.62 6,442.40 69764.52 Deputy Public Works Director 43 5,565.18 5,843.44 6,135.62 69442.40 6,764.52 Executive Assistant-Personnel 25 3,587.37 3,766.74 39955.07 4,152.83 4,360.47 Finance Technician 14 2,743.87 2,881.07 39025.12 3,176.38 3,335.19 Fire Chief 53 7,102.74 7,457.88 7,830.77 8,222.31 8,633.43 Information Technology Director 51 6,764.52 7,102.74 7,457.88 7,830.77 8,222.31 Information Technology Manager 29 3,955.07 4,152.83 4,360.47 4,578.491 4,807.42 Police Chief 53 7,102.74 7,457.88 7,830.77 8,222.31 8,633.43 Police Lieutenant 44 5,704.31 5,989.53 6,289.01 6,603.46 69933.63 Public Works Director 51 6,764.52 7,102.74 7,457.88 7,830.77 8,222.31 Redevelopment Specialist 38 4,927.60 5,173.98 5,432.68 5,704.31 5,989.53 Confidential employees will receive 2.5% of salary in addition to their base salary. • 75 City of Ataseadero Draft Resolution Page 3 • Work Period The normal work period for non-exempt employees shall be seven (7) days with a maximum non-overtime of forty (40)hours. Overtime Rate Overtime for non-exempt employees, except training time, shall be compensated at the rate of time and one-half the regular rate-of pay. All overtime shall be recorded and paid in the following manner: 1 to 15 minutes, overtime compensation—0 16 to 30 minutes, overtime compensation—'/z hour 31 to 45 minutes, overtime compensation—3/a hour 46 to 60 minutes, overtime compensation- 1 hour Overtime Hours Paid Overtime for non-exempt employees shall be paid after forty (40) hours worked in a work period. Paid time off shall be considered time worked for overtime purposes. Schools/Training/Conferences OHours traveling, studying, or evening.classes, etc., when anon-exempt employee is attending an out-of-town school shall not constitute overtime hours worked. Compensating Time Off(CTO) Notwithstanding the provisions of this section, non-exempt employees may be granted CTO for overtime credit computed at time and one-half at the mutual convenience of the City and the employee. Non-exempt employees may accumulate a maximum of eighty (80) hours in their CTO account. Scheduling Compensating Time Off Requests to use CTO shall be granted with due regard for operational necessity such as staffing levels. Deferred Compensation Effective July 1, 2001, the City will match an eligible employee's contribution to a deferred compensation program. The match will be up to a maximum of $1,000 annually for executive management employees and $500 annually for management employees. All deferred compensation contributions are fully vested in the employee and shall not be available to the • City. 76 City of Atascadero Draft Resolution Page 4 Health Benefits 1. For unit_members who elect to have "Family" coverage, the City shall pay a total of $730.14 per month toward the cost of all medical,dental, vision and life insurance benefit premiums for the unit member employee and dependents for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty percent (50%) of increased costs for dependents based upon HMO plan costs. 2. For unit members who elect to have 'Employee+1" coverage,the City shall pay a total of $658.56 per month toward the cost of all medical,dental, vision and life insurance benefit premiums for the unit member employee and dependent for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the employee and fifty percent(50%) of increased costs for the dependent based upon HMO plan costs. Available funds remaining from the City's contribution toward insurance coverage shall be paid to an employee hired on or before September 1, 2000 as additional compensation. 3. For unit members who elect to have "Employee Only" coverage, the City shall pay a total of $330.28 per month toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the • employee based upon the HMO plan costs. Available funds remaining from the City's contribution toward insurance coverage shall be paid to an employee hired on or before September 1, 2000 as additional compensation. This amount shall not exceed$246.76 per month. 4. The City of Atascadero has established a Post Retirement Health Benefit for Executive Management (City Council, City Manager and Department Heads). The City agrees to reimburse the retiree for retiree and/or retiree's dependent health (medical/dental/vision) insurance premiums, disability insurance, long-term health care or life insurance premiums in a method determined by the Administrative Services Director following retirement. The program parameters are: ❑ The benefit is available upon retirement from PERS or other similar retirement program after age 50; ❑ The employee must have served for 8 years with the City of Atascadero; ❑ The benefit extends between the date of retirement and age 65; ❑ The current benefit is $200.00 monthly. • 77 City of Atascadero Draft Resolution Page 5 • Life Insurance The City shall provide a term life insurance policy on each employee:in the amount of Fifty Thousand Dollars ($50,000). The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in the amount of One Thousand Dollars($1,000)per dependent. Long-Term Disability Insurance The City shall implement a City-paid program to provide Long-Term Disability Insurance for Executive Management and Management employees in FY 2004-05. Leave Administrative Leave. Executive Management Employees, Management Employees and the Executive Assistant—Personnel, will receive Administrative Leave, which will vest as of July 1 annually. Except as provided below,Administrative Leave will not be carried over or accrue from one fiscal year to the next. If an employee is unable to use his/her Administrative Leave prior to the end of the fiscal year for work related reasons beyond his/her control,said leave will be carried over into the next fiscal year for a period not to exceed three(3) months. Said time will be available to the employee for use during that period, but will not be accrued for the • purpose of payoff in the event of termination. In the event an employee covered by this Agreement is employed after January l of the fiscal year, the employee shall be eligible for one half of their annual allotment of Administrative Leave. Employees shall receive Administrative Leave at the following annual rates: Executive Management shall receive 80 hours. Professional, Management Employees and the Executive Assistant — Personnel shall receive 48 hours. Vacation Leave. Employees shall receive vacation leave consistent with the Personnel Rules and Regulations. Holidays. Employees shall receive vacation leave consistent with the Personnel Rules and Regulations. Sick Leave. 1. Sick leave accumulates at a rate of eight (8) hours(one day) per month. There is no limit to the accumulation. 2. Stay Well Bonus. Employees with forty-eight (48) or more days of accumulated sick leave shall be eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as follows: a. The sick leave pay-off will occur during the twelve (12) month period (generally from • the second pay period in November to the second pay period of the following year) after an employee has accumulated and maintained 48 days sick leave. 78 City of Atascadero Draft Resolution Page 6 • b. Once the eligibility requirements have been met, an employee may opt to receive a pay- off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is twelve (12) days). c. Checks will be prepared by December 15 of each year. 3. Sick Leave Payback. When an executive management employee, a management employee or confidential employee terminates employment in good standing, after five (5) years of continuous service, he/she shall be paid one-half of his/her accumulated Sick Leave. Bereavement Leave Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations in the event of death of his/her spouse, child, stepchild, grandchild, parent, grandparent, son-in-law, daughter.-in-law, mother-in-law, father-in-law, brother, sister, brother- in-law, sister-in-law or significant other. Retirement The City shall pay the employee contribution to the Public Employees Retirement System (PERS), for the term of this agreement. • Education Incentive Pay Employees shall be reimbursed up to $400.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, providing the coursework is job-related, and the employee received a passing grade. - Uniform/Safety Equipment Allowance a. The City shall provide an annual uniform allowance of eight hundred dollars ($800) for Police Chief and Lieutenants. Upon initial hire the employee will receive $800. In the second year the amount will be prorated based upon the actual number of months employed in the prior year (example: if an employee worked six months in the first year he/she would receive $800 in the first year and $400 in the second year). When an employee separates from the City the-Uniform Allowance will be prorated based upon the number of months worked in the then current fiscal year. b. The City will make a lump sum payment of the uniform allowance no later than the second payday in July. c. Uniforms damaged on duty shall be replaced as prorated by the Police Chief. Employees are required to seek reimbursement through the courts with all practical diligence. • 79 City of Atascadero Draft Resolution Page 7 d. The City shall make available a bulletproof vest. Employees requesting a vest shall certify that they will wear the vest at all times, except in extreme climatic conditions. Vests shall be replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees already owning a vest shall continue to use them until repair or refurbishment becomes necessary, as determined by the Chief of Police. e. Rain boots - The City shall comply with the requirements of CAUOSHA as it relates to providing rain gear including rain boots. AYES: NOES ABSENT: ADOPTED: CITY OF ATASCADERO Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Thomas R. Gibson, Interim City Attorney • 80 EMPLOYMENT AGREEMENT ADENDUM THIS AGREEMENT is made and entered into July 27,'2004,.by and between the City of Atascadero (hereinafter called "City") and Wade G. McKinney (hereinafter called "Employee"),modifying a provision to the employment agreement dated September 25, 2001. SECTION 7. DEFERRED COMPENSATION 1. City agrees to deposit the maximum sum allowed by law into Employee's 457 deferred compensation account with ICMA Retirement Corporation including any pre-retirement incentives. SECTION 6. GENERAL PROVISIONS 1. This Agreement 'shall amend the Agreement between the parties by modifying the above Section. 2. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. 3. This Agreement shall become effective upon approval by the City Council IN WITNESS WHEREOF, the above parties have executed this Agreement as of the date first written above. CITY OF ATASCADERO BY: Dr. George Luna, Mayor Wade G. McKinney ATTEST: Marcia M. Torgerson, C.M.C., City Clerk 81 CITY OF ATASCADERO SALARY SCHEDULE July 1,2004 MONTHLY CLASSIFICATION ` RANGE STEP A STEP B STEP C STEP D STEP E 1 1,997.58 2,097.46 2,202.33 2,312.45 2,428.07 2 2,047.52 2,149.90 2,257.39 2,370.26 2,488.77 3 2,097.46 2,202.33 2,312.45 2,428.07 2,549.48 Office Assistant 1 4 2,149.90 2,257.39 2,370.26 2,488.77 2,613.21 5 2,202.33 2,312.45 2,428.07 2,549.48 2,676.95 6 2,257.39 2,370.26 2,488.77 2,613.21 2,743.87 Account Clerk Maintenance Worker l Zookeeper ) Zoo Facilities Maintenance Technician 7 2,312.45 2,428.07 2,549.48 21676.95 2,810.80 Office Assistant II Zoo Education Curator 8 2,370.26 2,488.77 2,613.21 2,743.87 2,881.07 9 2,428.07 2;549.48 2,676.95 2,810.80 2,951.34 Central Receptionist Office Assistant III Technical Assistant II 10 2,488.77 2,613.21 2,743.87 2,881.07 3,025.12 Account Clerk 11 WWTP Operator in Training 11 2,549.48 2,676.95 2,810.80 2,951.34 3,098.90 Administrative Secretary Building Maintenance Specialist Maintenance Worker II Permit Coordinator Recreation Coordinator Registered Veterinary Technician Zookeeper II 12 2,613.21 2,743.87 2,881.07 3,025.12 3,176.38 Building Technician Engineering Technician I Planning Technician 13 2,676.95 2,810.80 2,951.34 3,098.90 3,253.85 Finance Technician Public Works Technician Technical Assistant III 14 2,743.87 2,881.07- 3,025.12 3,176.38 3,335.19 15 2,810.80 2,951.34 3,098.90 3,253.85 3,416.54 Police Officer Recruit Support Services Technician WWTP Operator 1 16 2,881.07 3,025.12 3,176.38 3,335.19 3,501.95 Building Inspector Engineering Technician 11 17 2,951.34 3,098.90 3,253.85 3,416.54 3,587.37 Senior Zookeeper Support Services Lead Technician 18 3,025.12 3,176.38 3,335.19 3,501.95 3,677.05 19 3,098.90 3,253.85 3,416.54 3,587.37 3,766.74 Accounting Specialist Administrative Assistant Technical Trainer II • WWTP Operator II 20 3,176.38 3,335.19 3,501.95 3,677.05 3,860.90 Assistant Planner Building Inspector 11 21 3,253.85 3,416.54 3,587.37 3,766.74 3,955.07 22 3,335.19 3,501.95 3,677.05 3,860.90 4,053.95 23 3,416.54 3,587.37 3,766.74 3,955.07 4,152.83 82 CITY OF ATASCADERO SALARY SCHEDULE July 1,2004 MONTHLY CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E Firefighter GIS Analyst Maintenance Leadworker Recreation Supervisor WWTP Operator 111 24 3,501.95 3,677.05 3,860.90 4,053.95 4,256.65 Building,Inspector III Executive Assistant Police Officer Support Services Supervisor 25 3,587.37 3,766.74 3,955.07 4,152.83 4,360.47 26 3,677.05 3,860.90 4,053.95 4,256.65 4,469.48 Associate Planner Building Maintenance Supervisor Fire Engineer Plans Examiner Senior Police Officer 27 3,766.74 3,955.07 4,152.83 4,360.47 4,578.49 28 3,860.90 4,053.95 4,256.65 4,469.48 4,692.95 Accountant Systems Administrator III Zoo Director 29 3,955.07 4,152.83 4,360.47 4,578.49 4,807.42 30 4,053.95 4,256.65 4,469.48 4,692.95 4,927.60 Public Works Superintendent Senior Building Inspector 31 4,152.83 4,360.47 4,578.49 4,807.42 5,047.79 32 4,256.65 4,469.48 4,692.95 4,927.60 5,173.9 Senior Planner 33 4,360.47 4,578.49 4,807.42 5,047.79 5,300.18 Fire Captain Fire Marshal/Code Compliance Officer Police Sergeant Senior Civil Engineer 34 4,469.48 4,692.95 4,927.60 5,173.98 5,432.68 Associate Civil Engineer 35 4,578.49 4,807.42 5,047.79 5,300.18 5,565.18 36 4,692.95 4,927.60 5,173.98 5,432.68 5,704.31 37 4,807.42 5,047.79 5,300.18 5,565.18 5,843.44 Assistant to the City Manager Building Official Deputy Administrative Serivices Director Information Technology Manager Redevelopment Specialist 38 4,927.60 5,173.98 5,432.68 5,704.31 5,989.53 39 5,047.79 5,300.18 5,565.18 5,843.44 6,135.62 40 5,173.98 5,432.68 5,704.31 5,989.53 6,289.01 41 5,300.18 5,565.18 5,843.44 6,135.62 6,442.40 42 5,432.68 5,704.31 5,989.53 6,289.01 6,603.46 Deputy Community Development Director Deputy Community Services Director Deputy Executive Director of Redevelopment Agency Deputy Public Works Director 43 5,565.18 5,843.44 6,135.62 6,442.40 6,764.52 Police Lieutenant 44 5,704.31 1 5,989.53 1 6,289.01 1 6,603.46 1 6,933.63 83 45 5,843.44 1 6,135.62 1 6,442.40 1 6,764.52 1 7,102.74 CITY OF ATASCADERO SALARY SCHEDULE July 1, 2004 MONTHLY CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E 46 5,989.53 6,289.01 6,603.46 6,933.63 7,280.31 47 6,135.62 6,442.40 6,764.52 7,102.74 7,457.88 48 6,289.01 6,603.46 6,933.63 7,280.31 7,644.33 49 6,442.40 6,764.52 7,102.74 7,457.88 7,830.77 50 6,603.46 6,933.63 7,280.31 7,644.33 _8,026.54 Administrative Services Director Assistant City Manager Community Development Director Community Services Director Information Technology Director Public Works Director 51 6,764.52 7,102.74 7,457.88 7,830.77 8,222.31 52 6,933.63 7,280.31 7,644.33 8,026.54 8,427.87 Fire Chief Police Chief 53 7,102.74 7,457.88 7,830.77 8,222.31 8,633.43 54 7,280.31 7,644.33 8,026.54 8,427.87 8,849.26 55 7,457.88 7,830.77 8,222.31 8,633.43 9,065.10 56 7,644.33 8,026.54 8,427.87 8,849.26 9,291.73 57 7,830.77 8,222.31 8,633.43 9,065.10 9,518.35 58 8,026.54 8,427.87 8,849.26< 9,291.73 9,756.31 59 8,222.31 8,633.43 9,065.10 9,518.35 9,994.27 60 8,427.87 8,849.26 9,291.73 9,756.31 10,244.13 61 8,633.43 -9,065.10 9,518.35 9,994.27 10,493.99 Aft City Manager 62 8,849.26 9,291.73 9,756.31 10,244.13 10,756.34 • 84 ITEM NUMBER: A-10 DATE: 07/27/2004 r9M 1"9-79 Atascadero City Council Staff Report City Manager's Office City Council Strategic Planning Notes June 2004 RECOMMENDATION: Council receive and file the Council's Strategic Planning Notes for June 2004. DISCUSSION: The City Council initiated a Strategic Planning process in 1997. The program is intended to establish organizational goals to focus the efforts of City 'staff on the Council's top priorities. The process serves the organization in several ways;including: ❑ "Identifying the areas in the organization that are going well and the ones not performing up to Council's expectations ❑ Providing an opportunity for the City Council to discuss and review the various operating departments. ❑ Providing City staff with a general understanding of Council expectations. ❑ Enhancing working relations and teamwork, The Strategic Planning process has served the City well as it has focused its resources on community priorities that have moved forward. This year, the Council held their Strategic Planning workshop in January where they discussed post-earthquake issues, development policy issues, and financial strategies. The Council also held a follow-up Strategic Planning session in June, where they continued their review of development policies and post-earthquake issues, discussed the recruitment for a new City Attorney and conducted their annual evaluation of the City Manager. The Council Strategic Planning meeting notes of June 2004 are attached to this report. FISCAL IMPACT: None ATTACHMENT: Council Strategic Planning meeting notes—June 2004 85 ITEM NUMBER: A- 10 DATE: 07/27/2004 City of Atascadero Council 'Strategic Planning Meeting Notes - June 2004 The CityCouncil held a mid year Strategic Planning Workshop on June 11 and 12, 2004. Dr. William Mathis facilitated the workshop. Attendees included Mayor George Luna and Council Members Wendy Scalise, Jerry Clay, Becky Pacas,.and Tom O'Malley; also -City Manager Wade McKinney, and Assistant to the City Manager / City Clerk Marcia Torgerson. There was no public comment, The Mayor provided an overview of the process and encouraged the Council to focus on issues where there was agreement by all Council Members. He discussed the need to focus on Council policy issues and working together effectively to get through difficult issues facing the community. Friday ❑ City Council Closed Session for the City Manager Evaluation Li There was no public report Saturday • Overview by Dr. William Mathis • The Workshop is intended as a follow up to the January workshop and to review issues identified.by the City Council • Dr. Mathis presented workshop agreements which included: o Working together and recognition of individual styles o Work within the Council Norms o Don`t use „hooks" o Policy v. Staff Work o Council sets policy, Staff,does process ❑ City Manager McKinney reviewed Community'Vision o Smart Growth Principles (charts) o Framework Principles (charts) o How the General Plan implements these principles (map) E3 The smart growth principles encourage compact development where appropriate. The General Plan defines these areas by defining the core area. Because of the infrastructure along El Camino Real and Highway 101, including transit, roadways, sewer 86 ITEM NUMBER: A- 10 DATE: 07/27/2004 and water, the "core" area appears as a "spine." The General Plan identified the core area and allowed for more compact development in these areas. The Planned Development-7 (PD-7) and Planned Development-17 (PD-17) are the implementation tool for the General Plan. Instead of rezoning the property to a lot size more consistent with existing patterns, the City Council elected to use PDs. This would mean that each project would be required to go through a public hearing process and required findings must be made allowing greater public review. n The City Council has the responsibility to shape these major policy issues affecting development. The Planning Commission has the responsibility to implement the policies and review the individual development, projects. As the Council analyzes individual.projects, its focus is moved from policy direction to project review. ❑ The Council indicated that while there are individual polities in the General Plan with which they do not agree, it is the adopted General Plan and it is their responsibility to enforce it. The Council will work to establish clear policies for the Commissions, and staff will assist the Commissions in understanding and implementing the policies. 87 ITEM NUMBER: A-10 DATE: 07/27/2004 City Council follow up and issues ❑ City Hall -o Status of Administration Building ❑ Staff is hiring an Architectural/Engineering Firm to prepare damage assessment and repair plans. o Status of Annex ❑ Next stop for temporary City Hall • ASAP • Preferably in Downtown • 20,000 sq. ft. minimum • Prefer no trailers • 1St choice- own property • Metal building? • Report to Council in one month Li Youth Center o _ Construction Schedule. ❑ Call For Bids Thursday,June 24 2004 • Open Bids Thursday, August 5, 2004 ❑ Award Contract Tuesday, August 24, 2004 ❑ Start Construction Monday, September 13, 2004 ❑ Construction Days 2OO working days o Project Complete Friday, June 10, 2005 o Status of Printery ❑ Staff is hiring an Architectural/Engineering Firm to prepare damage assessment and repair plans. ❑ City Attorney o City:Manager will hire an Interim City Attorney o City Manager will develop and RFP and process for Council to select a new City Attorney ❑ Downtown o Next project for Redevelopment o Proceed with,.purchase of Clinton property o Pat Gaughn property ■ Phase 1 is complete Phase 2 is pending Possible pre-condemnation ■ Scalise suggested having Gaughn implement the clean up before sale of property and file for reimbursement with the State fund through State Water Reclamation Control Board 88 ITEM NUMBER: A- 10 DATE: 07/27/2004 • 0 Property will be worth more cleaned up Continue with purchase o Muffler Shop ■ .:Buy.and clean up o Sunken Gardens ■ Encourage public events to be held downtown ■ Add sidewalks and benches in Sunken Garden ■ Reconstruct Palma as convertible street with electrical for events ■ Look into development impact fees for public art ■ Do improvements that enjoy a 5:0 vote at Council o Main Street Design o Design Committee to assist in review= NO o Parking Lot Status o Landscape easement with nativeplants using Tree Fund monies (5-0) ❑ Housing o Prepare an update of housing units that have been constructed. • Include a breakdown of the different housing types and number of affordable units. o PD-7 and PD-17 policies ❑ Provide a density bonus for aesthetics on PD-7 where the units are attached. The purpose of the bonus is to encourage condos, townhomes and open space. ❑ Recreational area and open space could be considered aesthetics for bonus purposes o Redevelopment requirements on affordable housing ❑ All new or substantially rehabilitated dwelling units developed within the Redevelopment Project Area are subject to Health and Safety Code Section 33413 requirements for very low, low and moderate-income persons and families. ❑ At least 15% of all new and substantially rehabilitated dwelling units, developed by public or private entities or persons other than the Agency, shall be available at affordable housing costs to persons and families of low or moderate income; and, not less than 40% thereof shall be available at affordable:housing cost to very low income households. ❑ Redevelopment Project Area units shall be deed-restricted for a period of 55 years for rental units, and 45 years for home- 89 ITEM NUMBER: A- 10 DATE: 07/27/2004 ownership units. (See Health & SafetyCode Section 33413 et • seq). ❑ Acquire legal opinion on estate planning/deed restriction ❑ Staff to check with San Luis Obispo and Arroyo` Grande about "buying out" of the Redevelopment housing requirement. ❑ Land Use Issues o Mixed Use Zoning Policies ❑ Implement the Taussig Study on residential portion ❑ Require commercial to be constructedbeforeor simultaneously with the residential portion. Commercial permit(s) must be obtained first and the first permit to be finaled in the project shall be the commercial permit(s). ❑ Require at least 50% of the project to be commercial ❑ The commercial component cannot include mini storage or other non sales tax producing uses including office. o Motorcycles on public property - No zi Fence waste water property ❑ Work on enforcement mechanisms ❑ Honor the be Anza agreement prohibiting motorcycles • o Policy on Park Reservation Parcels (map) o The City Council determines that the original interpretation ,for development of the Colony as set forth by E. G. Lewiswasto set aside Park and Creekway Reservations as reservations for the stated purpose. The City Council intends to protect these reservation parcels as open space in all cases possible. o The Park Reservation parcels are subject to the following restrictions: o Park Reservation Parcels do not have development rights. • Park Reservation Parcels can be merged into an adjoining lot. ❑ Lot line adjustments cannot be used in conjunction with Park Reservation Parcels to create additional parcels with adjoining lots. ❑ Any division or lot creation mustbe completed through a parcel map process. o Require Indemnification on all development projects o URM Buildings ❑ Applications for retrofit or demolition are required by January 2005 ❑ Work must be completed by 2008 90 ITEM NUMBER: A- 11 DATE: 7/27/2004 '■ ■n n n yeas, s es Atascadero City Council Staff Report -Community Development Department Zone Change 2004-0079: Amendment of Second Residential Unit Regulations in Single Family Zoning Districts (City of Atascadero) RECOMMENDATION: Council adopt on second reading, by title only, the Draft Ordinance for Zone Change 2004-0079 enacting an amendment of second residential unit regulations in single- family zoning districts: DISCUSSION: The project consists of a-proposed°text amendment to the City of Atascadero's Zoning Ordinance to allow second units in all single-family zoning districts. Amendments` include changes to zoning district uses, the accessory structure section and adoption of a new second unit section. The City Council introduced the zone;change for first reading at a public hearing on June 22, 2004. FISCAL IMPACT The fiscal impact of the proposed changes have not been analyzed and are unknown. ATTACHMENTS: Attachment 1: Draft Ordinance A- Proposed Zoning Text Change 91 ITEM NUMBER: A-11 DATE: 7/27/2004 Attachment 1: Draft Ordinance A DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,AMENDING THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONING CODE TEXT AMENDMENT 2004-00799 AMENDING THE REGULATION OF SECONDARY RESIDENTIAL UNITS AND ACCESSORY STRUCTURES (Residential Secondary Units) The City Council hereby finds and declares as follows: WHEREAS, the Atascadero City Council at a regular meeting held on March 23, 2004 initiated a Zoning Code Text Amendment process to expand the allowable areas for secondary residential units and, WHEREAS, California Government Code Section 65852.2, mandates that cities permit second units in residential zoning; and, WHEREAS, the City recognizes opportunities to implement certain policies and programs of the Atascadero General Plan housing element providing for and regulating second units; and, WHEREAS, expansion of the allowable areas for second units is intended to expand housing opportunities for very-low, low and moderate-income and/or elderly households by increasing the number of rental units available within existing neighborhoods; and, WHEREAS, second units are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants; and, WHEREAS,Section 15282(1)of California Environmental Quality Act(CEQA) provides for a Statutory Exemption for the adoption of regulations for second units; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, May 18, 2004, studied and considered said project and recommended approval to the City Council,and, WHEREAS,the Atascadero City Council, at a duly noticed Public Hearing held on Tuesday, June 22, 2004, studied and considered said project, and, 92 ITEM NUMBER: A- 11 DATE: 7/27/2004 • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1.ENVIRONMENTAL DETERMINATION. The City Council finds as follows: 1 The proposed project has been determined to qualify for a Statutory Exemption for the adoption of regulations for second units consistent with Section 15282(i) of California Environmental Quality Act (CEQA). SECTION 2.FINDINGS FOR APPROVAL. The City Council finds as follows: 1. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan to provide additional forms of affordable housing. SECTION 3. APPROVAL. The City Council approves the amendment to the Atascadero Municipal Code as follows (shown in strike-through and underline format): • Article 3. RS (Residential Suburban) Zone 9-3.142 Allowable uses. The following uses shall be allowed in the Residential Suburban Zone.The establishment of allowable uses shall be as provided by Sections 9-2.107 and 9-2.108: (a) Farm animal raising (see Section 9-6.112); (b) Home occupations (see Section 9-6.105); (c) Residential accessory uses (see Section 9-6.106); (d) Single-family dwelling; (e) Mobile home dwelling(see Section 9-6.142); (f) Temporary dwelling (see Section 9-6.176); (g) Temporary or seasonal retail sales (see Section 9-6.174); (h) Horticultural specialties, where no permanent retail facilities are provided (see Section 9-6.116); (i) Collection station (see Section 9-6.130); 6)Skillednursing facility, where the number of residents under care is six or fewer (see • Section 9-6.134); 93 ITEM NUMBER: A- 11 DATE: 7/27/2004 (k) Residential care, where the number ofresidentsunder care is six or fewer(see • Section 9-6.135); (1)Agricultural accessory uses (see Section 9-6.109); (m) Utility transmission facilities; (n) Pipelines, where pipelines are below the surface and where pipelines are not used to convey toxic or hazardous substances other than gasoline, crude oil, natural gas, liquefied petroleum gas or liquefied natural gas; (o) Temporary events (see Section 9-6.177); (p) Accessory storage (see Section 9-6.103); (q) Roadside stands (see Section 9-6.117). (Ord. 68 § 9-3.142, 1983) (r) Secondary Residential Units (see Chapter 5) Article 4. RSF (Residential Single Family) Zone 9-3.152 Allowable uses. The following uses shall be allowed in the Residential Single Family.Zone. The establishment of allowable uses shall be as.provided by Sections 9-2.107-and 9-2.108: (a) Farm animal raising (see Section 9-6.112); • (b)Home occupations (see Section 9-6.105); (c) Residential accessory uses (see Section 9-6.106); (d) Single-family dwelling, (e)-Mobilehome dwelling (see Section 9-6.142); (f) Temporary dwelling (see Section 9.6.176); (g) Accessory storage (see Section 9-6.103); (h) Collection station (see Section 9-6.130); (i) Skilled nursing facility where the number of residents under care is six or fewer(see Section 9-6.134); 0) Residential care, where the number of residents under care is six or fewer (see Section 9-6.135); (k) Agricultural accessory uses (see Section 9-6.109); (1) Utility transmission facilities; (m) Roadside stands(see Section 9-6.117); (n) Temporary events (see Section 9-6.177). (Ord. 68 § 9-3.152, 1983) (o) Secondary Residential Units (see Chapter 5) • Article 5. LSF (Limited Single Family Residential) Zone 94 ITEM NUMBER: A- 11 DATE: 7/27/2004 • 9-3.162 Allowable uses. The following uses shall be allowed in the Limited Single Family Residential Zone. The establishment of allowable uses shall be as provided by Sections 9-2.107 and 9-2.108: (a) Home occupations(see Section 9-6.105); (b) Residential accessory uses (see Section 9-6.106); (c) Single-family dwelling; (d) Mobilehome dwelling (see Section 9-6.142); (e) Temporary dwelling (see Section 9-6.176); (f) Accessory storage (see Section 9-6.103); (g) Collection station (see Section 9-6.130); (h) Skilled nursing facility, where the number of residents under care is six or fewer (see Section 9-6.134); (i) Residential care, where the number of residents under care is six or fewer (see Section 9-6.135); 0) Utility transmission facilities; (k) Temporary events (see Section 9-6.177).(Ord. 68 § 9-3.162, 1983) (1) Secondary Residential Units (see Chapter 5) • • 95 ITEM NUMBER: A- 11 DATE: 7/27/2004 Title 9, Chapter 5 • Residential Second Units Sections 9-5:010 Purpose. 9-5.020 Definitions. 9-5.030 Applicability. 9-5.040 Permit required. 9-5.050 General requirements. 9-5.060 Development standards. 9-5.070 Development fees. 9-5.010 Purpose. (a) This chapter is intended to implement Government Code Section 65852 2 which mandates that the City permit second units in residential zoning districts and which provides that the City may impose certain regulations on the development of second units. (b) The City recognizes opportunities to implement certain policies and programs of the Atascadero General Plan housing element providing for and regulating second units. • (c) Implementation of this chapter is meant to expand housing opportunities for very-low, low and moderate-income and/or elderly households by increasing the number of rental units available within existing neighborhoods Second units are intended to provide livable housing at lower cost while providing greater security companionship and family support for the occupants (d) As mandated in Section 65852.2 of the Government Code second units that comply with this chapter are considered not to exceed the density limits Prescribed within this title for residential zoning districts 9-5.020Definitions. (a) Primary Unit. A primary unit is a single-family dwelling unit on a single-family residential zoned legal lot of record. All other uses and structures on said lot shall be accessory to the primary unit. (b) Second Unit. Second residentialunitsare defined as residential occupancy constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and intended for permanent occupancy by a second household (c) Guesthouse. Guesthouses are defined as residential occupancy construction (R) with no kitchen or cooking facilities and a full bathroom regardless of number or configuration of rooms and are the same as second units for the purposes of defining use and calculating fees. • (d) Grannv Unit. Granny units are defined as residential occupancy construction (R) 96 ITEM NUMBER: A- 11 DATE: 7/27/2004 • with a kitchen and a full bathroom and are the same as second units for the purposes of defining use and calculating fees. (e) Detached Accessory Structure. A detached accessory structure is a structure located on a residential jot occupied by a primary unit, exclusive of second units. (f) Studios. Studios are defined as any type of residential occupancy construction (R) with no kitchens, no cooking facilities and/or no bathing facilities (one water closet is permitted). Studios shall be limited to 450 square feet. Studios greater than 450 square feet shall be considered second units. (Q) Workshops and Garages. Workshops and garages are defined as utility occupancy constructions (U) with no kitchens, no cooking facilities and/or no residential occupancy requirements (i.e. Title 24). A utility bathroom with shower may be installed with a deed restriction that limits the buildings use to non-residential purposes. (h) Residential Additions. -Residential additions (additions) are defined as an increase of habitable floor area to a primary residential unit. Additions shall have a continuous, logical internal connection without doors of conditioned space that provides for access to all portions of the primary unit and addition. The addition shall not have a secondary kitchen. Recreational Vehicle. Recreational vehicles are defined as any vehicle, couch, camper, travel trailer, boat, or similar movable residential facility that does not have a permanent foundation. Recreational vehicles are not permitted to be used as any type of second unit or residential accessory use. • 9-5.030 Applicability. (a) Permitted Zoning Districts. Second units shall be allowed in the RS, RSF-Z, LSF-Z, RSF-Y, LSF-Y, RSF-X and LSF-X zoning districts. (b) Planned Developments.Second units shall be allowed in single-family Planned Development overlay districts only when consistent with an approved Master Plan of Development. 9-5.040 Permit required. (a) Permit Required. A building permit application shall be required for the construction or conversion of any second unit. 9-5.050 General requirements. (a) Water Service. Second units shall be served by a public water system. (b) Sewer Service.Second units shall be served by the City sanitary sewer system when located on lots with a net area less than 1.0 acre. (c) Septic Systems. Second units may be served by secondary engineered septic • systems on lots with a net area of 1.0 acre or greater, subject to the approval of the City Engineer and provision of required expansion areas. 97 ITEM NUMBER: A- 11 DATE: 7/27/2004 d Utility Meters. Separate utility meters may be installed for second units. • (e) Garage Conversions. Garages may be converted to second units provided that: 1.,Replacement of covered off-street parking is provided for the primary dwelling and. 2. Off-street parking for the second unit is provided in accordance with this chapter: and 3. Converted garages meet all building code requirements for a dwelling unit. (f) Guest House. A second unit may not be developed on a lot containing a quest house (separate living quarters without kitchen facilities). However, a quest house may be converted to a second unit provided that it complies with the regulations set forth in this chapter and with the regulations for the underlying zoning district (g) Recreational Vehicles. Recreational vehicles shall not be used as second units. (h) Non-Conforming Use. Only one_second unit shall be permitted on a lot. if a lot contains two single-family dwelling units that were legally established as a non- conforming use, a third dwelling unit, to be considered a second unit shall not be permitted. Illegal Second Unit. The establishment or continuance of a second unit contrary to the provisions of this chapter is declared to be unlawful and shall constitute a misdemeanor and a public nuisance. 9-5.060 Development standards. • Second units shall be subiectto all development standards of the RS RSF-Z LSF-Z,RSF-Y, LSF-Y,RSF-X, or LSF-X zoning districts and/or Planned Development Overlav Districts in which the property is located except as modified below: (a) Floor Area.The total floor area of a second unit shall not exceed eight hundred 1800)square feet on lots with a net area of 0.5 acres or less. The total floor area of a second unit shall not exceed one thousand (1,000) square feet on lots with a net area greater than 0.5 acres. All development on a lot including second units must conform to the development standards of the underlying zoning district including, but not limited to, setbacks, building separations maximum lot coverage, -grading limitations, and native tree preservation. (c) Height. Second units shall conform to the height limits of the underlying zoning district. (d) Setbacks. A second unit shall maintain the setbacks required in the underlying zoning district for a primary dwelling. Detached second units shall not be considered as detached accessory buildings for the purpose of determining setbacks. (e) Building Separations. A minimum separation of ten feet shall be maintained between the primary dwelling and a detached second unit. (f) Off-Street Parking Off-street parking for the second unit shall be provided as • follows and in addition to any required parking for the primary unit: 98 ITEM NUMBER: A- 11 DATE: 7/27/2004 • (1) One covered, off-street parking space, shall be provided for each one- bedroom second dwelling unit two off-street parking spaces, covered or uncovered, shall be provided for each second unit with two or more bedrooms; (2) The off-street parking spaces for second units must be on a paved surface; measure ten feet in width if covered, nine feet in width if uncovered, and twenty feet in depth; tandem spaces may be approved for second units; 3 Parking spaces for second units may notoccupydriveways and back-up areas that serve garages for thePrimarydwelling, nor may they occupy circular drives or hammerhead turn-arounds that serve the primary unit(which are intended to provide means by which vehicles can enter a street head-first); (4) Parking spaces for second units may occupy areas for required rear and interior side yards, 5 Primary dwellings with three-car garages may allow one bay and the driveway space in front of the bay to be used for a second unit off-street parking; (6) If the lot takes access from a collector or arterial street, as designated in the circulation element of the general plan, parking for second units shall be designed so that vehicles exit forward into the street. (q)The total maximum amount of paving for parking for both the primary and second unit in a front setback is fifty percent (50%) of the front yard setback area. (h) Architectural Design.The design of the second unit shall be compatible with the design and scale of the primary dwelling (using substantially the same landscaping, color, materials and design on the exterior). • (i) Private Open Space Requirement. A second unit shall have a minimum private open space area of 250 square feet. This required open space shall not be located within a required front yard setback. No portion of an open space area shall have a dimension of less than 10-feet in width. (i) Attached Second Units. If the second unit is attached to the primary dwellings each shall be served by separate outside entrances. The interior wall(s) of an attached unit which separate it from the main unit shall be fire-rated according to the most recent uniform building code 9-5.070 Development fees. Second units, whether attached or detached, shall be considered as single-family units for purposes of determining Capital Facility Impact fees. 9-6.106 Residential accessory uses. • 99 ITEM NUMBER: A- 11 DATE: 7/27/2004 The standards of this section apply to the specific types of residential accessory • structures listed. Agricultural accessory structures for the keeping of animals are subject to Section 9-6.112. (10,04) of the site, Wh!Gh9v9F is Smaller (4) Mete rs• Searate utilities m i ho in t J lied for eeGGR „nifo rpFAey v T The FA r Qr^n tCCtr . (8) AppearaRGe, The seGGRdaFy unit shall be aFGhiteMuFally GOMpatible with the . (4 0) The uRit shall be Gempatible with the 66IFF96IRdiRg ReighbeFhaed-. (ea) Swimming Pools.Swimming pools, including hot tubs, spas, and related • equipment, maybe located within any required side or rear setback, provided that they are no closer than eighteen (18) inches to a property line (additional setbacks maybe required by UBC), and provided that they are feneedfenced as required by Section 9- 6.128. (4_1b) WeFkshop6 9F StudiesDetached Accessory Structures. ZGReAny detached accessory structure intended for residential accessory uses and accessory storage: (1) Limits on Use. An accessory structure may be constructed or used as a-wsr solely for noncommercial hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as painting, photography or sculpture; maintenance or mechanical work on vehicles owned or operated by the occupants; for an approved home occupation; or for other similar purposes. (2) Floor Area. A wer-kshep-The gross floor area of a detached accessory structure is not to GGGWPY aR aFea gFeateF thaRexceed fifty percent (50%) of the gross floor area of the principal structure. (Ord. 412 §-i,-2663: Ord. 68 § 9-6.106, 1983) (3) Number of Structures. The number of accessory structures requiring a buildinq permit shall be limited to two (2) structures, fc) Exceptions to Accessory Structure Standards • 100 ITEM NUMBER: A- 11 DATE: 7/27/2004 • (1) Detached accessory structures that exceed size requirements are subject to the approval of a Minor Conditional Use permit. 2 Any detached accessory structure in excess of the two (2) structures permitted is subject to the approval of a Minor Conditional Use Permit. 9-4.113 Height limitations. The maximum height for new structures is as follows: (a) Limitation by Zone. Zone Maximum Height A, RS, RSF, LSF ;30 feet CN, CP, CR, CS, i 35 feet CT CPK, IP, 145 feet feet RMF 30 feet(not to T exceed two stories): (b) Exceptions to Height Limitations. (1) Planning Commission Waiver. The height limitations of this section may be modified through conditional use permit approval, provided the Planning Commission first finds the project will not result in substantial detrimental effects on the enjoyment and.use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. (2) Height Adjustment. The height limitations specified by subsection (a) of this section may be adjusted (Section 9-1.112) for a single-family residential building to allow additional height, to a maximum of forty (40) feet, provided that the required side, rear and interior setbacks are increased one foot in width for each foot of height over thirty (30) feet. (3) Downhill Lot. Where the average front-to-back slope of a lot is greater than one foot of fall in seven (7) feet of distance from the centerline of the street to the rear face of the proposed building, up to ten (10) feet may be added to the rear building face, which is to be excluded from the height measurement (Section 9-4.112). (4) Uninhabited Structures. The height limits specified in subsection (a) of this section do not apply to the following structures (measurement of height is to be from the ground, as set forth in Section 9-4.112): • (i) Radio and television receiving antennas of the type customarily used for home radio and television receivers, when fifty (50) feet or less in height. 101 ITEM NUMBER: A- 11 DATE: 7/27/2004 (ii) Transmitting antennas used by licensed amateur (ham) radio operators when fifty • (50) feet or less in height. (iii) Flagpoles fifty (50) feet or less in height. (iv) ga*R", rain elevators, silos, water tanks, windmills, wind generators and all other similar structures not containing residential uses and located in the A, RS, CR, CS, CPK, IP and I Zones. (v) Chimneys:no more than one hundred (100) feet in height located in the CPK, IP and I`Zones and all other chimneys and roof vents extending no more than two (2) feet above the height limit specified in subsection (a) of this section. (vi) Industrial towers, nonportable equipment and other uninhabited structures no more than sixty (60) feet in height located in the CPK, IP and I Zones. (vii) All portable construction equipment. (viii) Public utility poles and structures for providing electrical and communications services. (ix) Solar collectors not more than five (5) feet above the height limit specified in subsection (a) of this section. (x) Satellite receiving and similar communication dishes and devices in commercial and industrial zones, when no more than ten (10) feet above the maximum height in the zone. (Ord. 68 § 9-4.113, 1983) • 102 ITEM NUMBER: A- 11 DATE: 7/27/2004 • SECTION 4: 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. 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: ABSENT: ADOPTED: CITY OF ATASCADERO By: • ATTEST: Dr.George Luna,Mayor Marcia McClure Torgerson, C.M.C.., City Clerk APPROVED AS TO FORM: Thomas R. Gibson,Interim City Attorney • 103 ITEM NUMBER: A-12 DATE: 7/27/2004 R 7-9 Atascadero City Council Staff Report - Community Services Department Request to Place Memorial Bench at Atascadero Lake Park RECOMMENDATION: Council approve a request by Arlene Jamar to install a Memorial Bench at Atascadero Lake Park in honor of Angel John and Ruth Jamar. DISCUSSION: Background: The City of Atascadero has received a request to install a'Memorial bench in Atascadero Lake Park in honor of Angel John and Ruth Jamar, residents of Atascadero. (Attachments #1) Previously, the Atascadero Parks and Recreation Commission identified four :(4) locations in Atascadero Lake Park for the installation of such Memorial Benches. (Attachment#3) Memorial benches have been approved previously by the City Council for two of the four Memorial Bench sites established near the playground. Two Memorial Bench sites are still available. Specific colors and construction styles have been determined for Memorial benches. The Parks and Recreation Commission has reviewed and recommended approval of the proposed bench styles and locations. The requesting family will be responsible to cover all costs relatedto the installation of this bench. On Thursday, October 16, 2003, the Parks and Recreation:Commission unanimously recommended to the City Council, approval of the two requests to install a Memorial Benches in Atascadero_Lake Parka Analysis: The Policy on the Naming of Public Buildings, Parks and Other Public Facilities includes a provision to be followed by staff for the recognition of individuals. 104 SECTION 11, E. "in addition to the naming of publicfacilities by using the criteria established above, the City can provide for the recognition of individuals, either deceased or living, by the ;placement of memorial objects (symbols); such as living trees, public benches, rocks, memorial flagpoles, sculptures, etc., in public facilities. The placement<and identification of these recognition symbols will be at the discretion of the Parks and Recreation Commission and the City Council on a case-by-case basis. The attached request complies with previously established policies for the recognition of individuals at City park facilities. FISCAL IMPACT: None. The requesting family will cover all related costs for the purchase and installation of the Memorial bench. ATTACHMENTS; 1. Letter from Arlene Jamar 2. Map of Atascadero Lake Park Memorial Bench locations 105 Atascadero Community Services Foundation Arlene Jamar 6500 Palma Avenue 4645 Arrowhead Drive Atascadero, CA 93422 Rocklin, CA 95677 (916) 624=5941 June 10, 2004 Dear Mr.English, We would like to purchase a memorial bench in Atascadero Park in honor of our parents, Angel John and Ruth Jamar. We would like to locate the bench on site 4, adjacent to the children's play area. We expect to have the plaque language composed within a few days and are sending payment with this letter. We have planned a 95th birthday/family reunion celebration for our Dad on August 7 in the Park. We are hopeful that the bench will be placed by that date and we can invite the community for its dedication at that time. Please let me know the progress of the placement of the bench. Sincerely, rj Arlene J r 106 Designation of Additional dditlonal_Memorial Bench Receiver Sites at Atascadero Lake Park t r r�� i ,-� �`; �. .�.---•, �tel"« .,�. �.,�. t ate= 1 ♦�„'� I ��s � .,..,n^ r y+ s.�,o-"`f rr° ice' 'ty rte'� � :. t',�... �" } <�¢ `I i'° r, £`4 _ '� ;< •, ifs A �SF>� ��r? „!�a ' �` .° r•`�"..�S 'fit � �e �` _ � '"�'t��y�1�°'�+ F x� "" � � °'tis.,,,.,-"''�' V" � �•^Y�� �,, '*k �'t`� f ' I ti t i � �� 't ...titi � r- '•r 4.,�a'; f �*�,may,,, .'"� �� �"It "� �,;,, '-� a s "��`� `f�•'°"«� .�,�,pj' -''°gym '.^ '�` `' t� 'ac'4p`•"`r .S": �T �'•7.4•w-W."w �." -,. 4 Site #1 Site #3 F tl p Site #2 .. a, Site #4 e„�Y 4 y 107 ITEM NUMBER: A-13 DATE: 7/27/2004 R Isis 1979 Atascadero ,City Council Staff Report Community Development Department Morro Road Mixed-Use General Plan Amendment 2004-0013 Planned Development Zone Code Text 2004-0080, Mixed-Use Planned Development Zone Change-2004-0081, MasterPlan of Development (CUP 2004-0128) (8315 Morro Rd. / Rick Mathews) RECOMMENDATIONS: Council; 1. Adopt on second reading, by title only, Draft Ordinance A, approving Zone Text Change 2004-0080 establishing a PD-22 overlay district based on findings; and, 2. Adopt on second reading, by title only, Draft Ordinance B,_approving Zone Change 2004-0081 based on findings. DISCUSSION: The proposed project consists of a General Plan Amendment, a request to establish a Planned Development #22 overlay zone, and place the PD-22 overlay zone over the subject site with a corresponding master plan of development (CUP) that would allow for a mixed-use commercial/office and residential development. The project site is a double frontage lot located between Morro Road and Amapoa Avenue. The projectwill include 4 residential rental units fronting Amapoa Ave. and approximately 4,360 square feet of commercial/office space fronting Morro Rd. One existing single-family residence will be demolished. On March 23, 2004, the City Council conducted a public hearing to consider the above- stated action consistent with the approved GeneralPlanAmendment 2003-0011. 108 FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. However, a condition has been added that the project utilize Taussig study models to assess fiscal impacts on City services related to the residential portion of the site (Condition 18). ATTACHMENTS: Attachment 1: Draft Ordinance A Attachment 2: Draft Ordinance B 109 • DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2004- 0080 AMENDING THE ZONING CODE TEXT TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY DISTRICT #22 FOR USE IN THE GC/HDR GENERAL PLAN DESIGNATION ON APN 031-242-012 (8315 Morro Road/Rick Mathews) WHEREAS, an application has been ,received from Rick Mathews (PO Box 863, Atascadero, CA 93423) applicant and property owner to consider a project consisting of a general plan amendment and zone change from CP (Commercial Professional) to CP/RMF- 16/PD-22 (Mixed-use Commercial Professional and Residential Multi-Family-16 with Planned Development Overlay#22) on a 0.441-acre site located at 8315 Morro Rd. (APN 031-242-012); and WHEREAS, the site's current General Plan Designation is GC/HDR (General Commercial/High Density Residential); and, WHEREAS, the.site's current zoning district is CP (Commercial Professional);and, • WHEREAS, the Commercial Professional zoning district allows for mixed-use development with the establishment of a Planned Development Overlay zone to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text 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 Planning Commission of the City of Atascadero, at a Public Hearing held on May 18, 2004, studied and considered Zone Change 2004-0080, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, 110 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday,June 22, 2004, studied and considered Zone Change 2004-0080,after first studying and considering the Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Findings for Approval of a Zone Text Change Creating a PD-22 Planned Development Overlay District. The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2.-Approval. The City Council of the City of Atascadero, in a regular session assembled on July 27, 2004, hereby resolves to approveon second reading, by title only, an ordinance that would amend the City Zoning code text with the following: • 9-3.667 Establishment of Planned Development Overlay Zone No. 22:_(PD22). A Planned Development Overlay Zone No.22 may be established in the RMF-16 multi-family residential and Commercial Professional zones for a combined horizontal and vertical mixed-use project on parcel APN 031-242-012 with a combined gross acreage of 0.441-acre. The maximum density within the planned development shall not exceed a gross density of 3 units within the residential zoned portion and 1 unit within the Commercial zoned portion. The following development standards shall be applied to the Planned Development Zone No. 22: (a)The Master Plan of Development(CUP 2004-0128) for the site shall be approved. All construction and development shall conform to the approved Master Plan of Development, as conditioned. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. (c) Each dwelling unit, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved Master Plan of Development. (d) Building setbacks,lot sizes, landscape area, and lot coverage shall be as identified within the approved Master Plan of Development. (e)All mechanical equipment, including.HVAC units and utility meters,shall be screened from view from adjacent streets and properties. (f) Parking for one-resident vehicle shall be provided in a garage with minimum interior • dimensions of eleven (11)feet by twenty(20)feet. A minimum of one guest parking space of at 111 . least nine(9)feet by twenty(20)feet shall be provided on site On-street parking shall not be used to satisfy the parking requirements. (g) Parking for the commercial/office uses shall be provided at a ratio of 1 space per 500 square feet. (h)All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. (i) Individual trash collection shall be used for each residential unit.Provisions shall be made for storage of trashcans within the garage or fenced area. (j)Trash for the commercial uses shall be stored within the designated receptacle area and shall include recyclable waste. (k)All utilities, including electric,telephone and cable, along the frontage of and within the PID shall be installed underground. (1) Alterations, additions, or conversions to established dwelling units and/or commercial buildings shall be subject to the density and site development standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines. (m)The permits for the commercial portion of the project must be issued prior to, or concurrent with the issuance of the first residential permit, and that the commercial portion of the project shall be finaled prior to, or concurrent with the final of the first residential permit SECTION 3. A summary of this ordinance, approved by the City Attorney, together • with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. • 112 INTRODUCED at a regular meeting of the City Council held on and PASSED • and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO By: Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk • APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 113 • ATTACHMENT 2: Draft Ordinance B Planned Development Zone Change 20040087 Approval of Proposed Zoning Map Change DRAFT ORDINANCE B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2004- 0081, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 031-242-012 FROM CP (COMMERCIAL PROFESSIONAL) TO CP/RMF-16/PD-22 (COMMERCIAL PROFESSIONAL/RESIDENTIAL MULTI-FAMILY= 16 WITH A PLANNED;DEVELOPMENT#22 OVERLAY ZONE) (8315 Morro Road/Rick Mathews) WHEREAS,an application has been received from Rick Mathews (PO Box 863, Atascadero, CA 93423) applicant and property owner to consider a project consisting of a general plan amendment and zone change from CP (Commercial Professional)/RMF-16 (Residential Multi-family-16) to CP/RMF-16/PD-22 (Mixed-use Commercial Professional and ResidentialMulti-Family-16 with Planned Development Overlay#22) on a 0.441-acre site • located at 8315 Morro Rd. (APN 031-242-012); and WHEREAS, the site's current General Plan Designation is GC/HDR (General Commercial/High Density Residential); and, WHEREAS,the site's current zoning district is.CP (Commercial Professional); 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 preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject 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 Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 18, 2004, studied and considered Zone Change 2004-0081, after • first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, 114 WHEREAS, the City Council of the City of Atascadero,at a duly noticed Public Hearing • held on Tuesday, June 22, 2004,studied and considered Zone Change 2004-0081, after first studying and considering the Mitigated Negative Declaration prepared for the project, and, NOW, 'THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1.Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Creating a PD-22 Planned Development Overlay District. The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Approval.The City Council of the City of Atascadero, in a regular session assembled on July 27,2004,resolved to approve on second reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map 2. Exhibit B Zone Change Map:Project Site SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes,shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. 115 INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO By: Dr.George Luna,Mayor ATTEST: • Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Thomas R. Gibson, Interim City Attorney 116 Exhibit A: Zone Change Map 20040081 Project Site: 8315 Morro Rd. ff Zone Change to RMF-16:0.188 ac min • Morro Rd. r� Existing Designation: -General Plan:General Commercial -Zoning District:Commercial Professional Proposed Designation: General Plan:General Commercial/High Density residential -Zoning District:Commercial Professional/Residential Multi-family-16/PD-22 overlay 117 Exhibit B: Zone Change Map:Project Site tp RMF-16 i w, RMF-16 (Residential portion to Multi- be a family-16)/ �' minimum of PD-220.188 acres I IJ Overlay j5� 5 CP MY 4 (Commercial. Professional) • Overlay x ILL i -4 c :M ^. 4T" rlk'MAII 11Wtl4W N'yY� �� (1117 kVWj!PJ 118 ITEM NUMBER: A-14 DATE: 7127/04 ■ ar v ■ 1970 Atascadero City Council Staff Report- Public Works Department State Relinquishment of Excess Right-of-Way on EI Camino Real RECOMMENDATION: Council authorizes the Mayor to execute the Cooperative Agreement with the State of California providing for relinquishment of a portion of El Camino Real. DISCUSSION: The portion of EI Camino-Real indicated on page 4 of the attached Cooperative • Agreement is right of way remaining from the construction of State Route 101. This action will create consistent ownership of El Camino Real within the city limits. FISCAL IMPACT: Once accepted, maintenance for this short portion of El Camino Real will be the responsibility of the City. This is a small Fiscal Impact. ATTACHMENTS: Cooperative,Agreement 119 District Agreement#05-CA-0134 05-SLO-101-PM 49.3 05-144-OG6402 Property Relinquishment COOPERATIVE AGREEMENT' THIS AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as"STATE," and CITY OF ATASCADERO a body politic and a municipal corporation of the State of California, referred to herein as"CINE RECITALS (1) STATE and CITY, pursuant to Streets and Highways Code Section 73 are authorized to enter into a Cooperative Agreement providing for relinquishment to CITY of two small portions of operating State Highway right of way within CITY. (2) CITY has completed realignment of the frontage road (EI Camino at San Ramon)onto these portions of STATE right of way in accordance with the terms of the encroachment permit. (3) CITY desires STATE to relinquish to CITY those portions of Route 101, specifically in the area of Post Mile 49.32, as shown on the Exhibit Map attached to and made.a part of this Agreement, and STATE is willing to proceed with relinquishment. (4) STATE and CITY have reached an understanding on the work necessary to place the State highway in a state of good repair and have agreed that all work has been completed. (5) Relinquishment will occur upon approval by the California Transportation Commission-of}a Resolution of Relinquishment and recording of said resolution in the County Recorders Office. (6) The parties hereto desire to define herein the terms and conditions under which relinquishment is to be accomplished. SECTION CITY AGREES: (1) Execution of this Agreement constitutes CITY's waiver of the ninety (90) days' notice of "Intention to Relinquish"requirement contained in Section 73 of the Streets and Highways Code. (2) To accept relinquishment of that portion of State Highway Route 101 described in RECITALS, Article (3) upon approval by the California Transportation Commission of a Resolution of Relinquishment and recording of said resolution in the County Recorders Office. Page 1 of 4 120 District Agreement#05-CA-0134 (3) Upon the adoption, filing and recording of the Resolution of Relinquishment by the California Transportation Commission,to accept ownership, maintenance, operation and liability of the relinquished portions of State highway right of way. (4) To accept relinquishment and all rights, title and interest in, of those portions of State Route 101 as described in RECITALS, Article (3),without any additional cost to STATE. SECTION II STATE AGREES: (1) To transfer to CITY, upon relinquishment, all records and files for the relinquished sections of highway, .including, but not limited to, plans, survey data and right of way information. SECTION III IT 1S MUTUALLY AGREED: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of • resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 1t is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (3) No alteration of the terms of this Agreement shall be valid unless made in writing and signed by,the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. • Page 2 of 4 121 District Agreement#05-CA-0134 • (4) This Agreement shall terminateupon recording in the County Recorders Office of the relinquishment resolution for this portion of Route 101, or on December 31, 2004,whichever is earlier in time. STATE OF CALIFORNIA CITY OF ATASCADERO Department of Transportation 6905 EI Camino Real,Suite#6 Atascadero, CA 93422 TONY V. HARRIS Acting Director of Transportation By Mayor By R. GREGG ALBRIGHT District 5 Director Approved as to form &procedure: Attest: By By Attorney, Department of City Clerk Transportation Certified as to form & procedure: Approved as to form& procedure: • By By Accounting Administrator City Attorney Certified as to financial terms&conditions: Approved as to content: By By District 5 Budget Manager City Engineer Page 3 of 4 122 o C? co N I m U I coLm oa -_ ti 1 Q . sem C F c � N i � � Q� Viz: 1- s�= o k W LL 2 4 q O SOF L o I^ ao S :o Ltl C7 y �' , m n J V K g` ami i. L) W W6 I m LLl v o W w � Im Y a p bA _W o 22_ A�=Yw �I CD m wLLI a r _ w5wo zr_ Lo Go Ar C4 h� Z. 7b sra_.Y.o • I F S o 3a O ._-•.c>•rJc2 z.n Z�s I C7 cn w N4py 3..26 .Ll N W W z o wz 1� o>sG! Y \I .ze t Y'azoon z N o iN2"�� OP• d 0e' .co.ssL15uM� z .(8.8g Al W •651 .8$. 3� �qe I — cs.yb .2128 IIL I e O .9s.11. 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N y O O W W 123 ITEM NUMBER: B- 1 DATE: 7/27/2004 '■ n � n 1818 � 19 S Atascadero City Council Staff-Report Community Development Department Zone Code Text Amendment Zone Change 2003-0042 (City of Atascadero) RECOMMENDATION: Planning Commission recommends Council introduce for first reading by title only, the draft Ordinance A, approving the proposed code text amendments to the Zoning ; Ordinance. .REPORT-IN-BRIEF: The proposed zone text change consists of amendments to code text sections related to multi-family property development standards and commercial development standards along Morro Rd within the existing PD-3 overlay zoning,district consistent with the General Plan update. Situation And Facts: 1• Applicant: City of Atascadero 2. Project Address: Morro Rd with existing PD-3 overlay zone and RMF zones 3. General Plan Designation: HDR and MDR 4. Zoning District: RMF-16 and RMF-10 and PD-3 5. Environmental Status: The proposed project has been analyzed adequately,in the 2002 General Plan EIR pursuant to applicable standards and impacts have been avoided or mitigated pursuant to that EIR. 124 ITEM NUMBER: B-1 DATE: 7/27/2004 DISCUSSION: - Background: The final General Plan included a number of goals and programs which revised standards for multi-family ;development projects and property development standardsfor commercial projects along Morro Rd. The proposed code text amendments would ensure consistency` with the goals, policies, and programs of the General Plan, On March 4, 2003, the Planning Commission held a public hearing for the proposed amendments and recommended that the City Council approve the proposed text changes on a 6-1 vote. The recommendation from Planning Commission included language pertaining to mixed-use developments, however standards and processes related to mixed-use were revised and included- in a latter discussion and independent approval. As such, the remaining recommended updates have`been included in the attached resolution. Project Definition: The proposed amendments include updates to density calculation standards for multi-family developments, eliminating bedrooms from use in determining project density. Additional updates to the property development standards and density bonus standards are included for consistency. Planning Commission also recommends that the PD-3 zone text be updated to allow for more orderly development standards along Morro Rd. Analysis: Amendment to the below stated sections of the zoning ordinance is proposed to implement General Plan provisions. The following sections discuss the proposed changes to each section of the zoning ordinance. Section 9-3.175 Residential Multi-Family Densities. General Plan program HOS 3.1.4. identifies zoning ordinance revision to calculate multi family densities by units rather than bedrooms and because the State has notified the City that the bedroom standard may be illegal, Planning Commission is recommending that these:sections be updated. The code text amendment would eliminate all reference to bedrooms in the density calculation tables while maintaining the density adjustment for sloping lots. Furthermore, the zoning code section related to density bonus for the provision of affordable housing is proposed to be updated consistent with the General Plan and State Law. 9-3.175 Density. The maximum allowable density in the Residential Multiple Family Zone shall be designated on the Official Zoning Maps as provided by Section 9-3.104(c) and be established in accordance with the General Plan as follows: (a)Areas Designated Low Density Multiple Family Residential:The maximum number of dwelling units per net acre is as follows: 1t ra'i rea'-d* Dwelling 125 ITEM NUMBER: B- 1 DATE: 7/27/2004 �edeer ►s {U—rnt—s/Acre- .......... (b) Areas Designated High Density Multiple Family Residential:The maximum number of dwelling units per net acre is as follows: Alef s# Dwelling �edees Units/Acre (c) Hillside Density Standards. The maximum densities permitted by subsections (a) and (b)above, shall be modified to the following maximums based on topography, as follows: Average____... _Low Density� ultip M Multiple Family High Density Multiple Family 'Slope 4- units/ a 4 + 41�units/ 4 + ...._..____... c- '10-10.99% ._.__...,, ac. 0 10.99% __.._. _...._. ilioI�-'� Imo' (�'�---� ...._'l�"�-z 11 1599% ..,,. 1 --.,—t` * _1�-�._ .. �' � ... .....` 16 20 99%__ _ .. I_� ceI��._.,.._.. , ��� FI� � ._.,— i- 2125.99% I� _:.._ ........, �v..� ,.����- rt�,-�� - {l�-� *-�w.....:��—.��1���..,,,...w., 4r�-u,—.�.—..._-' --_—ham __--I��.—..-,_ 14-4 >30% Imo' I ,._.,.....IF (d) Group Quarters: The maximum population density for group quarters shall be as follows: Maximum Population Density Low density ���22 persons/net acre* multifamily residential _ High density 36 persons/net acre multifamily residential 126 ITEM NUMBER: B- 1 DATE: 7/27/2004 *For skilled nursing facilities where residents are primarily nonambulatory, the following maximum bed/net acre densities may be permitted, subject to planning commission conditional use permit approval: RMF 10 District Thirty four (34) beds per net acre RMF-16 District Fifty-five (55) beds per net acre Such approval shall require a finding that the average daily traffic generated by the project would not exceed that of a multifamily project.The project would be further subject to the "percentage coverage" constraints of Section 9-3.176 (a) of the district. Off-street parking requirements would be as established by the planning commission. (e) Sewer service. Sewer service and the inclusion of property within the urban services line(USL)shall be a prerequisite to developing multiple family projects to the density standards of the RMF zone. RMF-zoned properties outside of the urban services areas shall develop in accordance with the standards of the RS Residential Suburban District. (f) Density Bonus.A density bonus of up to twenty-five (2.535%) percent may be granted through Conditional Use Permit approval in exchange for provision of the following in accordance with Government Code Section 65915• .L2. 10% of the base density units for very low--income households: or, (2) 20%of the base density units for low-income households: or. LQ,-apA 50% of the base density units for moderate income pefsceasseniors. fgJIn lieu of granting a density bonus, the Planning Commission shall consider other bonus incentives allowable under Government Code Section 65915. (Ord. 194 §2 (Exh. A), 1989;Ord. 149 §2 (part), 1987;Ord. 68 §9-3.175, 1983) Section 9.3.176 Multi-Family Development Standards The Planning Commission is recommending that the following updates to the multi family development standards be included in the code update. These revised standards would apply to all multi family projects. The first change is a correction of the enclosed storage requirement changing square feet to cubic feet. The other changes call for the requirement of on site laundry facilities, Appearance Review, and approval of maintenance agreements of landscape and common .areas for all multi family developments. 9-3.176 Property development standards. In addition to the standards specified in Chapter 4, general site and development standards,-the following development standards shall apply to mobile home and multiple family residential projects: (a) Percent Coverage.The maximum percent of a lot that may be covered by structures (excluding decks less than thirty(30) inches from the ground) shall be forty percent(40%)for low density multiple family projects and fifty percent (50%)for high density multiple family projects. (b) Enclosed Storage. Each dwelling unit shall be provided a minimum of one hundred (100)squaracubicfeet of enclosed storage space, exclusive of closets, which may be located in either a principal or accessory building. 127 ITEM NUMBER: B- 1 DATE: 7/27/2004 • (c) Outdoor Recreation Areas. For developments of four (4) to seven (7)dwelling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This open space may be provided either as (1)'a private amenity designed for exclusive use of a dwelling unit or(2) as common open space provided that no individual open space is less than one thousand (1,000)square feet. For developments of eight (8) or more dwelling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit.This common open space may be provided in more than one location provided that no individual open space area is less than one thousand (1,000)square feet. (d) Screening Wall A solid wall or fence not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single-family residential use. (e) Covered parking. One (1) covered parking space(carport or garage) shall be required per dwelling unit of the total off-street parking required by Section 9-4.118. (Ord. 149 §2 (Part), 1987) Laundry Facilities. Laundry facilities shall be provided in the form of either,( laundry hook-ups within each individual dwelling unit or(2) a shared laundry facility equipped with washers and dryers. (g) Appearance Review. All projects shall be consistent with the multi-family design and landscape requirements of the Appearance Review Manual. (h) Maintenance Requirement A maintenance agreement for all landscaping building exteriors, accessory structures, parking areas and other common facilities shall be approved by the Community Development Director and City Attorney prior to final occupancy. • Section 9-3.674 Planned Development#3 Planned Development #3 was established along Morro Road in 1983 and creates specialsetback requirements for commercial development along the corridor. One of the requirements is for a 15-foot front setback for all buildings. Planning Commission is recommending that this setback be amended to 10-feet to allow for more efficient site utilization and to alleviate problems with some smaller lots on Morro Road that lack adequate depth to provide a 15-foot front setback. The change would also clarify that the setback applies to parking lots as well as buildings and that the setback area shall be landscaped. 9-3.647 Establishment of Planned Development Overlay Zone No. 3: (12133). Planned Development Overlay Zone No. 3 is established as shown on the official zoning maps (Section 9-1.102). The following modifications to development standards are established: (a)A minimum front setback of 4499P ten (4-510)feet shall be provided along the frontage of all parcels. Setback shall apply to buildings, structures and parking areas and shall be landscaped. (b) Parcels, including lots with double frontage,which have frontage on Santa Ynez Avenue,Amapoa Avenue, Navajoa Avenue and Atascadero Avenue with residentially zoned property on the same or opposite side of the street,shall provide a twenty-five (25) foot setback; provided,that the following may encroach not more • than twelve and one-half (12'/2)feet into the setback: (1)A one-story building less than fifteen (15) feet in overall height when designed to minimize visual impacts on adjacent residential uses; - (2) Parking when designated to minimize visual impacts on adjacent residential uses. 128 ITEM NUMBER: B- 1 DATE: ,7/27/2004 (c) Nonresidential uses shall not use local streets as the primary access to parking • areas except when it is determined that no other feasible means of access is available. (d) Nonresidential uses shall incorporate suitable screening and design features into plans in order to create a compatible relationship with adjacent residential uses. (Ord. 68 § 9-3.647, 1983) FISCAL IMPACT: No fiscal impact is directly associatedwiththe proposed Zoning Code amendment. ALTERNATIVES: 1. City Council may add to or modify proposed code text sections. 2. The City Council may deny the proposed Zoning Code amendments. 3. The City Council may continue the hearing and refer the project back to staff and / or the Planning Commission for further analysis. Direction should be given to staff and the applicant on required additional information. ATTACHMENTS: Draft Ordinance A • 129 • Attachment 3: Draft Ordinance A DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2003- 0042 AMENDING THE ZONING CODE TEXT RELATED TO DEVELOPMENT WITHIN THE RMF (RESIDENTIAL MULTI- FAMILY)AND PD-3 ZONING DISTRICTS (City of Atascadero) WHEREAS, the City of Atascadero's 2025 General Plan incorporated a series of policies and programs calling for updates to development standards for multi-family developments consistent with State Law; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities • within the City; and, WHEREAS, the proposed amendments have been determined to be consistent with environmental,documentation prepared for the General Plan update; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text 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 Planning Commission of the City of Atascadero, at a Public Hearing held on March 3, 2003, studied and considered Zone Change 2003-0042;and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on June 22, 2004,studied and considered Zone Change 2003-0042;and, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: • 130 SECTION 1. Findings of consistency with 2002 General Plan EIR. The City • Council finds as follows: 1. The proposed project has been analyzed adequately in the 2002 General Plan EIR pursuant to applicable standards and impacts have been avoided or mitigated pursuant to the that BIR. SECTION 2.Findings for approval of zone text change.The City Council 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 reuse of underutilized commercial lands along El Camino Real and Morro Road. 3. The zone change will not, in itself, result in significant environmental impacts. SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on June 22, 2004,hereby resolves to introduce for first reading, by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.175 Density, • The maximum allowable density in the Residential Multiple Family Zone shall be designated on the Official Zoning Maps as provided by Section 9-3.104(c) and be established in accordance with the General Plan as.follows: (a) Areas Designated Low Density Multiple family Residential: The maximum number of dwelling units per net acre is as follows; Aei e€ Dwelling �eees Units/Acre ......... _ .. _. 10 0 12- TZ Fa- (b) Areas Designated High Density Multiple Family Residential: The maximum number of dwelling units per net acre is as follows: W. Fe# Dwelling Units/Acre 131 (c) Hillside Density Standards. The maximum densities permitted by subsections (a) and (b) above, shall_be modified to the following maximums based on site topography, as follows: Average Low Density Multiple Family J.High Density Multiple Family Slope.. _...e. .nw .. .... _..: ... .._ 46Runits/ kuzn 42R+ 4ffunits _..... .. . ac. ac. ._.. ._. 0-10.99%.. ..,.... �1�0.-.---1'�-:_- 71-j 5.99%.e.,., l��`'. -„-a-- �.-.,-..- 1620.99%. � �...---.--,- l��-'�`d...—_. C� � ,�_-.- �... .-,.-..,-- i� �,.,-...—, 1��.,.....—.. �h-��_.--. 2125.:..99%.v�_�I�,re �, -�-�...-..-,,,-'I�;f�"�-�-�*��- ��_, �'-� � !:r-,.-_—. ,,•� ?61-30.0%._._. ?� —.–I�� ��_--:I���. —_ f`�.., '_,..,—.,,— '.,30%... (d) Group Quarters: The maximum population density for group quarters shall be as follows: Maximum Population Density � _. persons/net Low densit 22 acre* multifamily residential 7HKighensity 36 persons/net acre*mily Iresidential *For skilled nursing facilities where residents are primarily nonambulatory, the following maximum bed/net acre densities may be permitted, subject to planning commission conditional use permit approval: RMF-10 District Thirty-four (34) beds per net acre RMF-16 District ,FFifty-five 55 beds per net acre Such approval shall require a finding that the average daily traffic generated by the . project would not exceed that of a multifamily project. The project would be further subject to the "percentage coverage" constraints of Section 9-3.176 (a) of the 132 district. Off-street parking requirements would be as established by the planning commission. (e) Sewer service. Sewer service and the inclusion of property within the urban services line (USL) shall be a prerequisite to developing multiple family projects to the density standards of the RMF zone. RMF-zoned properties outside of the urban services areas shall develop in accordance with the standards of the RS Residential Suburban District. (f) Density Bonus. A density bonus of up to twenty-five (235%) percent may be granted through Conditional Use Permit approval in exchange for provision of the following in accordance with'Government Code Section 65915 a#fe 10% of the base density units for very low-income households; or, (2);-20% of the base density units for low-income households or, (3) 50% of the base density units for ate-moderate income persensseniors. Lq�In lieu of granting a density bonus, the Planning:Commission shall consider other bonus incentives allowable under Government Code Section 65915. (Ord. 194 §2 (Exh. A), 1989; Ord. 149 § 2 (part), 1987: Ord. 68 §'9-3.175, 1983) 9-3.176 Property development standards. In addition to the standards specified in Chapter 4, general site and development standards, the following development standards shall apply to mobile home and multiple family residential projects: (a) Percent Coverage. The maximum percent of a lot that may be covered by structures (excluding decks less than thirty (30) inches from the ground) shall be forty percent (40%) for low density multiple family projects and fifty percent (50%) for high density multiple family projects. (b) Enclosed Storage. Each dwelling unit shall be provided a minimum of one hundred (100) squaF ubic`feet of enclosed storage space, exclusive of closets, which may be located in either a principal or accessory building. (c) Outdoor Recreation Areas. For developments of four (4) to seven (7) dwelling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This open space may be provided either as (1) a private amenity designed for exclusive use of a dwelling unit or (2) as common open space provided that no individual open space is less than one thousand (1,000) square feet. For developments of eight (8) or more dwelling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This common open space may be provided in more than one location provided that no individual open space area is less than one thousand (1,000) square feet. (d) Screening Wall. A solid wall or fence not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single-family residential use. (e) Covered parking. One (1) covered parking space (carport or garage) shall be required per dwelling unit of the total off-street parking required by Section 9-4.118. (Ord. 149 § 2 (part), 1987) (f) Laundry Facilities. Laundry facilities shall be provided in the form of either M . laundry hook-ups within each individual dwelling unit or (2) a shared laundry facility equipped with washers and dryers 133 c)Appearance Review. All projects shall be consistent with the multi-family design and landscape requirements of the Appearance Review Manual. h) Maintenance Requirement. A maintenance agreement for all landscaping, building exteriors, accessory structures, parking areas and other common facilities shall be approved by the Community Development Director and City Attorney prior to final occupancy. 9-3.647 Establishment of Planned Development Overlay Zone No. 3: (PD3). 'Planned Development Overlay Zone No. 3 is established as shown on the official zoning maps (Section 9-1.102).The following modifications to development standards are established: (a) A minimum front setback of 4#eer�ten (4510) feet shall be provided along the frontage of all parcels. Setback shall apply to buildings, structures and parking areas and shall be:landscaped. (b) Parcels,including lots with double frontage,which have frontage on Santa Ynez Avenue, Amapoa Avenue, Navajoa Avenue and Atascadero Avenue with residentially zoned property on the same or opposite side of the street, shall provide a twenty-five (25) foot setback; provided, that the following may encroach not more than twelve and one-half (121/2) feet into the setback: (1) A one-story building less than fifteen (15) feet in overall height when designed to minimize visual impacts on adjacent residential uses; (2) Parking when designated to minimize visual impacts on adjacent residential • uses. (c) Nonresidential uses shall not use local streets as the primary access to parking areas except when it is determined that no other feasible means of access is available. (d) Nonresidential uses shall incorporate suitable screening and designfeatures into plans in order to create a compatible relationship with adjacent residential uses. (Ord. 68 § 9-3.647, 1983) SECTION 4. 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. 134 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: CITYOF ATASCADERO By: Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk . APPROVED AS TO FORM: Thomas R. Gibson, Interim City Attorney 135 ITEM NUMBER: C -1 DATE:- 7/27104 ®i a 1918 1979 Atascadero City Council Staff Report— City Manager's Office Minor Streetscape Improvement Project Sunken Gardens RECOMMENDATION: The Parks and Recreation Commission recommended that additional public process be conducted. Council approve the conceptual design for the Minor Streetscape Improvement Project - Sunken Gardens and authorize the Redevelopment Agency and staff to proceed. DISCUSSION: Background: The Master Plan for the Sunken Gardens is scheduled for fiscal year 2005-06. There has been community interest in moving this project along and recently the Atascadero Main Street requested the City Council authorize them to begin a community effort. The Council declined the effort and decided to discuss the issue at their strategic planning workshop. The City Council/Redevelopment Agency Board supports"improvement" to the Sunken Gardens. However there is not consensus as to what "improvement" means. The Redevelopment Agency has several improvement projects scheduled in the downtown that will follow the recent streetscape project and the upcoming mid block parking lot. However, these projects will take,some time to develop, as there are legal and land acquisition actions that must occur. The Redevelopment Agency Board would like to maintain the energy level and interest in downtown. The Council at the strategic planning workshop discussed improvements to the Sunken Garden (property already owned by the City). The Council discussed moving forward with a project that included improvements supported by all Council Members that would generally improve the park, access to the park and that would likely compliment any future improvements._ The Council Members agreed that staff could proceed with a project that included 10' sidewalks around the park, some pathways within the park, decorative treatment of the fountain, rebuilding Palma into a convertible street that could be used for public assembly and add street furniture. Staff 'developed the concept plan included with this report. 136 ITEM NUMBER: C-1 DATE: 7/27/04 The Parks and Recreation Commission reviewed the proposal from staff and while the Commission liked the project they were concerned with the lack of public process. Analysis: The improvement project will incorporate the downtown design elements that have already been adopted by City.Council/Redevelopment Agency Board. :Main Street investigated design elements< for -downtown with the support of the Redevelopment- Agency's Consultant, RRM Design. The Council and Agency then adopted design standards, which included many of Main Street's recommendations. These design elements have been incorporated into the streetscape project at EI Camino Real and Traffic Way. This project, as stated above was intended to be a first phase, consistent with the findings of the previous public process and not setting:aside a future opportunity for additional improvements. City staff contacted the major stakeholders for this project including Main Street, the Historical .Society and the Chamber of Commerce. Tonight's meeting has been noticed in the Atascadero News to provide .an opportunity for community members to discuss the project. The project will provide access to the Sunken Gardens bringing the City further into compliance with the American Disability Act. Sidewalks, ramps and appropriate slopes will be provided giving access to an. area that currently posses barriers to some community members. This project will continue the Council's commitment to downtown revitalization and show commitment to the reconstruction of the civic center including the Administration Building. Staff has anticipated that the improvements included in this • project would be included in any proposed improvement to the park,thus constructing downtown improvements up several years early. RRM has prepared conceptual designs that will be available at the meeting. The City Engineer estimated the project cost at $850,000, which will be funded through the Redevelopment Agency financing expected in September. Should the Council approve the project, staff is prepared to, proceed with the improvement with expect completion prior to Colony Days. The schedule is depicted below. Sunken Gardens Proiect Schedule Call For Bids Monday, August 3 Open Bids Thursday, August 19 Award Contract Tuesday, August 24 Start Construction Monday, August 31 Construction Days 40 working days Project Complete Friday, October 15 Colony Days Saturday, October 16_ ATTACHMENTS: Concept Plan 137 t •�1 j l- ~ � f wry A o i yt ol ZI .r R giro .� �7���/4� �,,✓e � irk t .r� �9 Sunken Gardens item Unit Quanitity Unit Price Cost Design $60,000.00 Grading LS 1.00 $5,000.00 $5,000.00 Grind Asphalt SF 800.00 $0.60 $480.00 Curb and Gutter LF 700.00 $25.00 $17,500.00 Sidewalk SF 15,800.00 $8.00 $126,400.00 Pavers SF 17,000.00 $18.00 $306,000.00 Paver Boarders LF 1,200.00 $6.00 $7,200.00 Detectable Warning Pavers SF 480.00 $25.00 $12,000.00 Paving LS 1.00 $20,000.00 $20,000.00 Lawn LS 1.00 $4,000.00 $4,000.00 Raised Crosswalk LS 1.00 $5,000.00 $5,000.00 [Striping torm Drain and Inlet LS 1.00 $20,000.00 $20,000.00 ountian repair LS 1.00 $15,000.00 $15,000.00 lectrical System LS 1.00 $25,000.00 $25,000.00 rigation System - LS 1.00 $25,000.00 $25,000.00 LS 1.00 $3,000.00 $3,000.00 Urns EA 25.00 $1,000.00 $25,000.00 Trash recpepticables EA 10.00 $725.00 $7,250.00 Benches EA 10.00 $1,300.00 $13,000.00 Bike Rack EA 2.00 $1,500.00 $3,000.00 Lights EA 15.00 $5,000.00 $75,000.00 Trees EA 16.00 $500.00 $8,000.00 Tree Grates EA 16.00 $1,000.00 $16,000.00 Construction Sub Total $738,830.00 15%ContigencY $110,824.50 Construction Total $849,654.50 15% Construction Admin $127,448.18 Total $1 ,037,102.68 139 ITEM NUMBER: C-2 ' DATE: 7/27/2004 1918 a Atascadero City Council Staff Report - Community Services Department Charles Paddock Zoo Approval of Master Plan Concept RECOMMENDATION: Council approve a concept master plan to allow the City Zoo staff and Zoological Society to move forward with plan refinement and fundraising for Zoo improvements. DISCUSSION: The recent accreditation process at the Charles Paddock Zoo has brought focus to noteworthy challenges that need to be, addressed concerning animal husbandry, safety, and adequacy of zoo facilities in the future.. The zoo has served the community well for the last 49 years, but will have difficulty adapting or updating to meet ongoing industry standards for animal :care and services. Current exhibits are outdated and can no longer be retrofitted to provide quality animal care, staff and public safety, or provide an acceptable visitorexperiencefor zoo visitors. The Charles Paddock Zoo must continue to change to meet future professional standards, and to become a significant attraction for tourism. As a mandatory part of the accreditation process the zoo staff and Ursa International, a zoo design group funded by the Zoological Society, have created a concept master plana This plan is conceptual only, and a template to allow the staff and Society, to begin the process of designing specific exhibits and exploring funding opportunities. Identified goals for the Zoo's future are: 1. Provide a safe, interesting, and educational resource for the residents of the City of Atascadero and the Central Coast. 2. Provide state of the art'levels of husbandry for the specimens housed at the ZOO. 3. Make the zoo a major attraction increasing visitors and generating revenue to the City of Atascadero. The zoo staff has created a plan that will allow the zoo to meet these goals and create one of the finest zoological facilities in the U.S. 140 ITEM NUMBER C-2 DATE: 7/27/2004 The master plan is based on the concept of " biodiversity hotspots", a scientific determination of the.25 most biologically richestand most endangered areas of the world. The master plan selects 5 of these areas to be featured at the zoo. These areas will be complete "immersion" type exhibits, featuring plants and animals of mixed species recreating the natural environments of the region featured. The master plan would be constructed in 5 phases over the next 20 years. This will allow the zoo to remain open during any construction periods. FISCAL IMPACT: There will be no direct fiscal impact for the City at this time. The Zoological Society of San Luis Obispo will be providing support for this process. Once finalized, implementation of the master plan will involve Council approval of each, phase and the financing of the improvements and operations. ALTERNATIVES: Council not approve the content master plan. Without a commitment to move forward with the master planning process it would be unlikely that the zoo would be able to meet changing governmental and American Association of Zoos and Aquariums (AZA) standards. The result could lead to possible loss of accreditation or fines and/or closure by the USDA. ATTACHMENTS: 1. Master plan packet 2. Master plan power point folio 141 r _ F �. . K • X .l "w r x T 7 alit ` , � 1 • • ?� a,� P M • 3 lie c ``yah i yp �vIlk tu �• OLw 2r e. e 7E: i 5- t i � til 1 2 Kt + o 4 CL low 1 � Z 1 a + ► f"1 H ---� m X c W a --------------- Qf*iW 08Mm i~ Ln C: m O E w Q n `° Q! C .� .� v 0 4J v o i Q) LL r_ ® ry 41 o G! 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Ita Jim Y •' a *� ct- -17 IA LL x O V, w V_ {, QJ i o N Q V H ca UVON O H M O IX �F � n 9�mo t 9 • +®"co �S it' ^gymllop a ' t R � �" _ �1�� sI`ai► r�wliws� � iv � a:nis ,n';jlit 0.0 �� rMNrYtt�r 1�Lk-OL � d.. .t Zs 1/'Yt Li� kxg iianreitfi ' S °e rT� 3 • 1 • tF z F a a i ii y c aci �lsei t - I/fWelRlti itp� � y� r y 7-7 mu It �LIIL IL v� i F RIM S La r k-Ak �twowr gnat 1 va$, + : ,J lr 1 / 1 n w w � x if 1 � , t, f ..i 1 f..f I a - �, 4 O � Q !; CL- cC C] c V S L LL- CL— CL- ca CL-m O U • v D d -Ile � d czo LL 0-1 LL z oe • x' Q w Z) 0 Qz z u 0 / dW_ � o w ooW % � -j X kE v 0 p a.: Ar .41 yr- tea.. 4`.a �.— in a l moi! _ t M ii-RIR �ratairafots, � �� <x, •�• i1i11�iM'" Sia �, itiare. - 1"iiRRsowl awk �..'. . 1 iiiiRi■i�, a dik s d d ` Master plan concept • The Charles Paddock Zoo has reached a crossroads. After forty-nine years of existence,the City of Atascadero, and zoo staff realize that major changes must occur to make sure the zoo remains a viable institution. The AZA accreditation process in 2003- 04 brought home the complete picture of the current state of the zoo's infrastructure. Over 90%of the existing structures and exhibits currently at the zoo no longer meet the needs of the staff or visitors. They also do not allow the animal collection to be managed at levels of current industry standards. The support infrastructure,power,water, sewer, and communications are at unacceptable levels. Utilizing this information the Zoo staff has developed Master Plan concepts that allow a collection plan to be created for the zoo. This plan will also serve as an outline to develop a complete master plan to be sent to the City of Atascadero City Council and Staff for approval. Both a Master Plan and a collection plan are required by AZA for accreditation. Concept Certain parameters were utilized when developing the plan for the zoo. First,the zoo plan would assume that the area of land containing the zoo would remain essentially the same, as it currently exists. The area is approximately 5 acres. Second,the zoo would strive to increase its value to the City of Atascadero and Central Coast of California as the premier Conservation,Education, and Recreation facility. Third, any animal species • proposed for the zoos collection will be managed at the highest husbandry levels. Realizing that the size of the zoo was a limiting factor,the plan was developed to maximize the space at the zoo by featuring several zoogeographic areas of the world. This theme will allow multiple species of both animals and plants to be exhibited together. This method also allows us to build our conservation message around these areas enhancing the educational programs at the zoo. Several areas to be featured at the zoo were selected. These areas were chosen from the list of Biodiversity Hotspots,the earth's biologically richest and most endangered eco-regions. Areas selected are 1. Indo-Burma,2. California, 3.Western Africa,4. Madagascar,and 5.South America. Once these areas were selected a collection plan was completed for the zoo. Scope Using the chosen areas that will be featured at the zoo an outline on how to proceed was created. 1. Infrastructure A. Discovery-using a grant, a complete map of the facility infrastructure will be created. (Spring,2004) B. Design-a new power,water, and sewer system will be designed for the • future needs of the zoo. (Spring, 2004) 2. Exhibit complex layout: A. Develop a placeholder map of the future zoo exhibit areas. (Spring 2004) Ursa International has been selected to facilitate. 3. Costs and Staffing estimates: A. Initial construction costs of exhibit complexes. B. Utility costs to operate and maintain the exhibit complexes. C. Staffing levels and costs for exhibit complexes. 4. Time line for exhibit construction. A. A time line for phasing in the Master Plan has been proposed That would take 25yrs for complete build out. B. The first phase would be the entrance complex,this would put in place several options fro revenue generation. 5. Special considerations -_ A. Green construction,to lower utility costs, serve as a conservation model, create grant and other funding possibilities. B. Create endowment process for ongoing maintenance and staffing. C. Attempt to become a revenue positive facility for the region and city. D. Funding for the plan would come mostly from outside sources. • ITEM NUMBER: C-3 DATE: 07/27/04 K cats n tae MAN Atascadero City Council Staff Report Administrative Services Department Comprehensive Financial Strategy RECOMMENDATION: Council review and adopt the Comprehensive Financial Strategy. DISCUSSION: Attached is a draft Comprehensive Financial Strategy. The Strategy was initially drafted and reviewed in 1998 and has been updated and refined as additional information has become available. As with all strategies, this draft is a living, changing roadmap to financial health in an ever-changing world. The strategy has prodded us to make small foundational steps that have "led to a ,healthy organization where the Cityhas been establishing necessary replacement and operating reserves and even funding projects that have been deferred for many years. The foresight that the Council had in adopting the Strategy was essential to the current fiscal health the City now experiences. Every few years, staff brings this Strategy back for Council to review and assess financial strategies. This process_has become particularly relevant in the face of the massive state take-aways currently facing the city. With a well-defined financial plan and solid Council decisions, the City will make it through these tough economic times. ATTACHMENT: Comprehensive Financial Strategy 156 Atascadero Comprehensive Financia/Strategy .June 2004 • 157 City of Atascadero • Financial Strategy June 2004 Introduction: The City of Atascadero has experienced its share of financial challenges over the last few decades. In the early 1990's a sharp slow down of the economy devastated the City's budget and brought the staff to a skeleton crew. The terrorist acts in 2001 again stalled the economy, and the state budget crisis of the early 2000's continue to cloud the future. The importance of a well-defined financial strategy has become painfully clear. The responsibility to maintain a strong organization is shared community wide, but as the City Council and City employees, we agree to be the leaders in this effort. The Council has shown great leadership through its conservative strategy to ensure a sustainable future and not repeat the mistakes of the past. As with all successful businesses, we need a plan. A Comprehensive Financial Plan is one of the first steps in building a solid foundation upon which to move into the future. The City first adopted a Financial Strategy in 1998 and the results of having a plan have become clear. The City has focused its resources and improved its financial condition dramatically. The Financial Plan should outline general strategies and guidelines to mold the City's decisions. The plan should identify actions and describe our current belief of the • organizational needs. However, it should also be flexible so as we complete the studies and analysis of our organization, and uncover additional information_and issues, we can refine our direction and efforts. The plan requires periodic updating to insure the City's financial strategy remains current and reflects the priorities of the citizenry. The overall strategy has consistently been to maintain a conservative outlook by putting Financial strategy aside reserves in good times and then using those reserves during down periods to achieve stable operations. Although the 1 , economy has shown strong growth in recent 2 .= ears, the condition of the state budget is Y g proving to weigh heavily on the backs of the cities. By employing this conservativeW "Ms � strategy, the Cit can avoid the undesirable Years peaks and valleys in expenditures that Expenses Revenues plague the revenues and can better maintain its long-term financial vitality. The first section of this plan reviews some of the major revenues for the City. Approximately 67% of the City's revenue comes from property taxes, sales taxes, and motor vehicle in lieu. The historical and regional information regarding the revenues is . presented here. The second section analyzes several operating costs and the associated reserves. The organization must retain some reserves to deal with cash flow issues, personnel, equipment, liabilities, and other unexpected expenses. Having a prudent plan to deal 158 Atascadero June 2004 Comprehensive Financial Strategy Introduction, Page 2 with ongoing operating costs and reserves will allow the Council and community to understand and discuss levels of risk in the City's financial operation. The more comprehensive the reserves, the lower the risk. That is to say, do we want a reserve big enough to operate on for a year, six months, or just to cover cash flow? When do we want to be able to replace roads or buildings? The last section sets forth the City's fiscal policies. These policies guide our budget process, projects, purchases and general City business. The City has taken a variety of steps to improve its financial condition including Strategic Planning, increasing reserves, revenue enhancement,_employee benefit payouts, and the initiation of_the Roads Program. Staff continues to search for ideas to enhance the strength of the organization. As we noted, all businesses must have a plan to succeed. This plan-keeps our focus toward our real mission for the future and has helped us build a new foundation. The plan is dynamic and we expect change. Improvements will occur and we inviteideas from anyone and everywhere. Our underlying belief is that through our collective knowledge and teamwork we can build a stronger financial foundation that will withstand adversity.` • 159 Atascadero Comprehensive Financia/ Strategy June 2004 0 Section I- Significant Revenues 160 Atascadero June 2004 Comprehensive Financial Strategy Section 1, Page 1 Significant Revenues .Introduction: This section reviews the City's Property Tax, Sales Tax and Motor Vehicle in Lieu revenues. These three revenue sources make up two thirds of total General Fund revenues, with all remaining revenue_sources making up the final third. Currently, Property Tax represents nearly 26% of the General 'Fund revenue,' Sales Tax represents 28% of the General Fund revenue,` and Motor Vehicle In Lieu Fees represents 13% of the General Fund revenue. Analysis: Property Tax The County collects Property Tax and the City's proportionate share is distributed to the City in December of each year. In 1979, one year before the City's incorporation, California voters passed Proposition 13 limiting general property taxes to 1`% of the assessed value of property. Prior to Proposition 13, property tax had been the major revenue to cities. In the early 1990's the State took away a portion of the local property taxes to balance the State budget. This had an impact on Atascadero of approximately $300,000 a year, growing annually. The State :also approved legislation authorizing counties to charge cities an administrative fee for tax collection. In this fiscal year, the City will pay $94,765 in general property tax administrative fees to the County. The graph below depicts the City's Property Tax history since 1992. The City receives 17.7% of the 1% Property Tax assessed against each property. A single-family house with a value of $350,000 would mean $619 in revenue to the City. `A commercial or industrial building with a value of $5 million would mean $8,850 in revenue to the City. For perspective, the cost of one Police Officer for one shift (8 hours) is approximately $630. Property Taxes $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 0°'O 00� OOti 003 00b 000 000 00'1 000 000 6\ 0& 000 001 °�00��°��'o��°��'���°��1��°�00��00���°�00��°�000� .�00� 0 ct000�c�00� rL00��000� 161 Atascadero June 2004 Comprehensive Financial Strategy Section 1, Page 2 • Sales Tax Currently, all businesses within the City of Atascadero collect 7.25% sales tax on taxable purchases and remit the tax totheState of California. The City receives 1 and the State retains 6.25%°. In March, however, the voters approved bonds, which would change this formula. The City will now only receive 0.75%°, while the State's portion will increase to 6.50%. The 0.25% decrease in the City's portion will then be backfilled with State general funds. (This change is called the"Triple Flip.") The graph below depicts the City's Sales Tax history since 1990 and a comparison between the actual Sales Tax revenue and the level of Sales Tax if it had followed the Consumer Price Index (CPI) for the same years. As can be seen in the early years, CPI growth exceeded our actual sales tax growth, however by 1998 that started to turn around. Home Depot and other strong_ retail additions' to Atascadero have caused actual sales tax growth to outstrip the CPI in recent years. This trend is again starting to reverse, with current sales tax revenue expected to come in around 7% LESS than last fiscal year. Sales Tax Growth vs CPI • $4,000,000 $3,500,000 $3,000,000 $2,500,000 , $2,000,000 $1,500,000 $1,000,000 $500,000 $- Actual Sales Tax Revenue []Projected CPI Growth Sales Tax • 162 Atascadero June 2004 Comprehensive Financial Strategy Section 1, Page 3 The bar chart below depicts the Sales Tax per capita received b each of the cities in • P P p Y the county for 2002-2003. The average sales tax per capita for fiscal year 2002-2003 is $165.59. As can be seen, Paso Robles, San Luis Obispo, Pismo Beach and Arroyo Grande are significantlyhigher than both the average and the remaining three cities. Atascadero is one of the below average cities at $134.39 per capita or $31.20 below the county average. Paso Robles Sales Tax per capita is $216.76. That is $82.38 per capita (or 61.3%) higher than Atascadero. 2003 Comparative Sales Tax Revenue Per Capita $250.00 $200.00 $150.00 $100.00 $50.00 $- dc' o�Gr o�� oQ` o� O o �o � QHS �J�S The table below illustrates the potential scenarios of Atascadero's Sales Tax revenue using the per capita average for North County, the County and Paso Robles. As an example, if Atascadero received the same sales tax per capita as Paso Robles, the City would receive $5,940,200 or$2,257,400 more than is currently received. z kll $ .. 134.39 .: $ 165.59 $ 175.58 $ 216.76 ka erp oa a�© a 27,404 27,404 27,404 27,404 51, , t everie $ 3,682,800 $ 4,537,900 $ 4;811,500 $ 5,940,200 $ (3,682,800) $ (3,682,800) $ (3,682,800) $ (3,682,800) as�m� $ - $ 855,100 $ 1,128,700 $ 2,257,400 sc l8 X eYell�fe 163 Atascadero June 2004 Comprehensive Financial Strategy Section 1, Page 4 • Motor Vehicle License Fees and Related State Backfills The City receives approximately 13% of its revenues from the State in the form of Motor Vehicle License fees (VLF). The VLF is paid annually upon vehicle registration and funds city and county services. Prior to 1935, motor vehicles in California were subject to property tax, which is administered by local governments. In 1935, the state legislature decided that a statewide uniform system of vehicle taxation would be simpler and more efficient, so the state began collecting the VLF fees and passing them on to counties and cities. In 1998, in response to a budget surplus, Governor Wilson signed a bill_reducing the VLF rate to tax payers and'"backfilling" the VLF amounts that cities and counties would've received with State revenues. (This backfill amount currently represents approximately $1,200,000 to the City annually) The bill reducing the VLF tax rate contained provisions for the rateto return to its pre-1998 level if "state general fund revenues are insufficient to fund this taxpayer subsidy On June 20, 2003, the State Controller enacted this provision and increased the VLF back to its 1998 level. At the same time he immediately stopped the backfill payments to cities and counties. Because of a typical 90-day lag between when VLF is billed and when it is paid, there was a "backfill gap The state had stopped backfill payments to the City, and the City would receive the only reduced VLF fees until the higher rates kicked in sometime in October/November. This represented an approximate $490,000 loss of revenue to the • City. Currently the state has agreed to pay this `Backfill Gap back to the cities by August 2006. In November of 2003, Governor Schwarzenegger restored VLF fees to the previously lowered rate and in December, issued an order to re-instate the backfill for the remainder of fiscal year 2003-2004. In May 2004, Governor Schwarzenegger and local governments came to an agreed upon compromise. The Governor would push for legislation that would permanently lower VLF to its current rate and at the same time backfill the loss to local governments with property taxes. The same initiative would also guarantee local government revenues and would require a ballot initiative in order to raid` local government revenues. Conclusion: What will happen to our three major sources is still in doubt. Although Governor Schwarzenegger has agreed to the compromise, neither the legislature nor the voters has approved it. The Triple Flip and some level of participation in balancing the State budget are our only sureties at this time. 164 Atascadero Comprehensive Financia/Strategy June 2004 Section 2 - Operating Capita/ Costs • and Reserves 165 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 1 • Operating and.Capital Costs This section analyzes some of the operating and annual costs facing the City. Staff intended to focus on the major costs to insure the community, Council and employees understood the magnitude of the costs of the City's operation. The information developed within the following pages has been verified to the extent possible. However, as more information becomes known or as experience modifies the facts or assumptions, the information will be modified. The intent is one of`information; to provide general facts about significant business concerns facing the City. This information is essential to establishing a practical financial strategy. This section of the report discusses issues surrounding Building Replacement, Leave Accruals, Technology Replacement/Maintenance, Street Maintenance, Equipment Maintenance, Vehicle Replacement, and Staffing. The research into these areas illustrates the need for reserve funds to deal with these business costs. The following table summarizes the findings contained in the Sections. The 2003-04 Reserve Fund Strategy is the amount set aside in the current year. The Annual Reserve Fund Requirement is the annual need for each of the areas if the City • was able to provide full funding. The Reserve Deficit is the 'amount of money that should have been placed in the reserve fund to date. 4 $ 342,700 $ 5,113,800 $ 313,300 <$ 5,143,200> 90,200 308,473 64,800 <333,873> 850,000 18,177,600 1,739,000 <17,288,600> 90,220 0 90,220 0 210,420 0 210,420 0 109,250 824,200 70,000 <863,450> I EM, $1,692,790 $24,424,073 $27487,740 <$23,629,123> • 166 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 2 Street Maintenance Introduction: City of Atascadero is responsible for maintaining approximately 140 miles of roadway. This network represents a substantial investment by the City, and has been identified as the number one concern of the community. This section deals with the street maintenance responsibilities of the City and analyzes the current inventory of streets, the condition, the life expectancy and repair/replacement. Analysis: Like all cities and counties in California, Atascadero suffers from a funding short fall for road maintenance due- to the aging road system and State budget reductions. Atascadero's problem is exacerbated by its rural nature where low population and high road miles translate to low funding levels, since many road maintenance funds are derived from population statistics. The U.S. Department of Transportation's 1991 report to Congress states that roadways in poor condition cost users as much as 25-30 percent more per mile ,than roadways in good condition. Well-timed preventative maintenance of roadways surface increases its service life and delays the need for expensive rehabilitation or reconstruction. Therefore, the Atascadero Roads Program has been developed to focus the City's efforts in maintaining and protecting the roads of Atascadero in an organized, efficient and cost-effective manner. Since its inception in 1999, significant progress has been made in improving the roads and decreasing the maintenance deficit. A field survey of City maintained roadways was performed in 1998 and is updated by staff annually to estimate the condition of pavement. The surrey collected and inventoried information for over 250 segments of roadway, and rated each one, using a Pavement Condition Rating(PCR) factor. The traffic patterns were also analyzed to determine the Average Daily Traffic (ADT) factor for each segment. The ADT is divided in half (to proportion its influence on the formula) and multiplied by the PCR to create a Project Index. Those streets with a higher index are indicative of streets that are both highly traveled and in poor condition. The staff uses the Project Index to determine the greatest priorities using the Worst first Approach strategy. The following table provides a sampling of roadway segments,their PCR and ADT factors, and their Project Indices. These are scheduled for maintenance in 2004: is 167 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 3 ` `';�`rte. , ct 3 ,+ `r -nnan MOK tZ,T2 : rtao r S � Vie`o Camino to Santa Rosa 11,600 3 17,400 Atascadero Avenue to Highway �1bar 101 6,800 3 17,000 Rt�ad� : San Marcos to Morro Road 1,600 4 3,200 � ablela Santa Lucia to San Marcos 1,600 4 3,200. Approximately $850,000 to $1,100,000 is required annually to maintain the roads in the community. The total amount of deferred rehabilitation in 1998 was estimated to be $23,000,000. Road maintenance and rehabilitation have been budgeted in excess of $2.3 million for fiscal year 2004-2005, yet even with funding at that level, there remains a huge deficit. While staff proceeds with the blueprint of the Atascadero Roads Program, it continues to investigate additional funding sources, as it is clear that the existing sources are inadequate to fund this size of a commitment. +L 'fid: - r >F,, r ,da "';: j r ** z •;,`4 nyF � ► cuntaul � lesr�efirr� sl5 '�'vo-L`;ka. } � ^'+ ������#i*Yd+£ m*.'m 1 kY ^1i'j" - S# P .'�� �"• � �� ` .' s...{�. s`;, >�. ,:c .,#.•i,g:?a', `�":..10 SIM bjenar t e .a $18,177,600 850,000— 1,100,000 • Conclusion: It is the City's goal to fully fund street rehabilitation, however, the City deferred the funding for many years and finds itself in a severe deficit position. The Public Works Department has made significant progress on the Roads Program, and will continue to search for strategies that are cost-effective for closing the deficit gap. The City has proven its commitment to the community by focusing over $7.1 million toward road maintenance and rehabilitation over the last five years, and continues that commitment into fiscal year 2004-2005 by designating over $2.3 million to the Roads Program. 168 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 4 Building Replacement Introduction: City of Atascadero owns approximately 29 different buildings in the various City departments in addition to the Wastewater Treatment 'Plant. They range from the historic Administration Building to restrooms in the parks to buildings at the wastewater plant. This section deals with the building replacement responsibilities of the City and analyzes the current inventory of buildings, the life expectancy and replacement. Analysis: Each building was reviewed by an independent contractor, CBIZ Accounting, Tax and Advisory of Orange County, Inc. (CBIZ), to determine original cost, size, age, and remaining life. The amortization for buildings ranges from 20-100 years, depending on the construction-type. This assumption does not mean each building would be replaced every 20-100 years, but those funds would beavailableto extend the building life until its useful life had expired. CBIZ prepared a complete building and depreciation schedule for the City. This report defines the annual depreciation and accumulated depreciation of the City's building assets. The amount of the annual depreciation, approximately $342,700, is the amount that should be put each year into the building reserves to fund major repairs and replacements necessary to maintain the building and to fund the building's replacement at the end of its useful life. The accumulated depreciation, approximately $5.1 million is the amount that should currently be in reserves. The current and annual reserve liability for building replacement is as follows: u ' �,4�Eefrcil � iA/0 eseru Nr , Idnlinrstr�r $2,444,700 99,800 erre ° � 334,600 9,200 rks 988,100 54,100 Prlron 271,600 23,600 �?olice 152,300 14,300 � c� #ren (Primer , 573 600 37,100 Str�e is h 150,400 6,100 0 90,000 198,500 8,500 $5,113,800 $342,700 • The City Administration building and the Printery both received significant damage during the San Simeon earthquake on December 22, 2003. The Federal Emergency Management Agency (FEMA) will provide 75% of the funding for repairs of the buildings and the Governor's Office of Emergency Services (OES) is currently scheduled to 169 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 5 contribute 18.75% of the cost of the repairs. At the time of this report, `Governor Schwarzenegger is considering allowing the OES to fund the remaining 6.25%. If the Governor decides not to put the funding in the State Budget, the City will be responsible for funding the 6.25% of the replacement costs of the buildings. ` By preliminary estimates, that would be a cost to the City of upwards of$1.25 million, which is currently not reserved. Additionally, there will likely be multiple upgrades to the renovation of the buildings that will not be eligible FEMA expenses. The costs of these upgrades are unknown, but it is estimated that over$1 million may be needed for these upgrades. In spite of the significant outlay the City will incur to repair Cityhall and the Printery, the fact that FEMA and OES will be funding a significant portion of the replacement for City Hall and the Printery may be temporarily helpful in mitigating the effect of the extreme Reserve Deficit. However, it is necessary to continue funding the building replacement reserve for future repairs and replacement of these and other buildings. Conclusion: It is the City's goal to fully fund building replacement, however, the City did not fund building replacement prior to July 1, 2000, and has not fully funded building replacement until the prior year, therefore there is a substantial liability currently existing for all City funds. Staff began charging a building occupancy fee to all enterprise funds and to use a building occupancy factor in creating an overhead rate. Each department will annually contribute its proportionate share to a building replacement reserve. For the last several years, the funds that the City allocates to building reserves have largely been used to pay for repair projects and improvements, leaving little in actual reserves. As the City continues to recover from significant deferred maintenance deficits and continues its focus on preventative maintenance, necessary reserves will'begin to accumulate. 170 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 6 i Technology Replacement/Maintenance Introduction: The City of "Atascadero owns approximately 110 computers in the various City departments. The computers and associated software make-up a technology system that is crucial to the day-to-day operations of the City. The system represents a total value of $507,700, including specialized software. This section deals with the current technology replacement responsibilities of the City. Analysis: Each department was reviewed for the number of computers and associated software. As technology emerges so quickly, it is difficult to maintain accurate values. The City began funding replacement and maintenance reserve for technology in 1998. This evaluation assumes that the required hardware and software upgrades will continue to occur within the annual reserve set aside for technology. Daily City business functions are dependent on the consistent operation of the City's computers and associated technologies. Therefore, it is critical that the City have a designated_reserve for the replacement of computers as they become elite. The reserve continues to be developed within the replacement/maintenance budgets. Theannual cost to provide for replacement and maintenance of the technology system are as follows: Jrtte e„ ies $ 18,850 �A 3,330 K 5,130 15,220 �arxaitiara'it ��ee ': w� 11 ,180 6,380 19,860 5,220 Buldirertetrce `. , � 1,390 Trauri}r r ; 560 X11/°asterater .. .. � � ee C 1,980 Transit , .a t 560 lereveli ,melt, . . = 560 Fvl�L ASD"," FlII C ', $ 90,220 171 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 7 Conclusion: It is the City's goal to maintain a'technology fund that will provide for the replacement and upgrading of technology as needed. The City began funding technology replacement in the 1998-99 budget. This year the City will continue fully funding the technology operations and reserve. Computers will be replaced or added as needed and the City will continue to fund the entire replacement schedule. We expect that this will result in a growing reserve that will provide for future purchases and reduce the organization's risk of computer failure. 172 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 8 Vehicle Replacement Introduction: City of Atascadero owns 58 vehicles in the various City departments. The rolling stock represents a total value of $1,086,103 that must be replaced asitsuseful life expires. This section deals with the vehicle replacement responsibilities of the City and analyzes the current fleet of -vehicles, the length of service expected from those vehicles, and replacement costs necessary to keep the City current with expected operating costs, Analysis: Each department was reviewed for the number of-vehicles required, the age of the vehicles and the life expectancy. That information was used to develop the estimated replacement costs of each vehicle in the City's fleet. Staff has calculated the amount that should be placed into a reserve account annually to fund the vehicle's replacement at the end of its useful life. In June of 2003, Council made the decision to transfer the balance of the Vehicle Replacement Deficit from the General Fund to the Vehicle and Equipment Replacement Fund. This careful strategy proved to be invaluable, as the City's Vehicle Replacement Reserve is currently fully funded. Now that the most significant commitment has been made,-the City only needs to maintain a consistent annual reserve. The estimated annual reserve liability for vehicle replacement is as follows: o'trnt � �h 7,290 � 1,500 Re" retio� . s� � 1`260 1 .�, , 74,810 R 93,000 6,710 23,650 �Buldit� Maiiitt;nance; 2,200 $210,420 Conclusion: Thanks to the careful planning of the Council, the City has met its goal to fully fund vehicle replacement. Annual reserve amounts have consistently been incorporated into the department budgets for the last five years, and are again scheduled for fiscal year 2004-2005. The City's fleet is now becoming more efficient, safer, and more dependable. 173 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 9 Equipment Replacement Introduction: Prior to 2003, the City did not have a complete list of equipment. Staff made educated guesses to come up with the best possible estimations with the knowledge that was available. However, in 2003, CBIZ-of Orange County was hired to prepare a comprehensive inventory of equipment. The equipment is essential to,the operation of the City and many pieces of equipment assist in life safety. The City's strategy is to work toward a program where replacement is funded annually, allowing the City to stay current with equipment. Analysis: Each department was thoroughly reviewed by CBIZ to create a master inventory of equipment with a value over $2,500. The equipment was then evaluated to determine original cost, age and condition, location, and remaining Fife. The equipment have useful lives that vary from 5 to 25 years, depending on the type of equipment. This assumption does not mean each piece of equipment would be replaced within those time periods, but that those funds would be available to extend the useful lives. Staff has considered' replacement cost in calculating the annual funding required. Equipment that would not be replaced or that is purchased through a grant program is not included in the replacement calculations. By using the comprehensive report prepared.by CBIZ, staff was able to determine that the cost of equipment replacement to be allocated out to the departments is approximately$109,250 annually. The City's budget hasincludedsome contribution to equipment maintenance over the course of the last four years, however, these funds have already been used to either repair or replace equipment. Staff has estimated the Accumulated Reserve Deficit by reviewing the amount of Accumulated Depreciation outlined in the report prepared by CBIZ. In addition, staff has calculated the-amount that should annually be placed into a reserve account to fund the equipment's replacement at the end of its useful life. The accumulated reserve deficit and annual reserve liability for equipment replacement are as follows: `} Accu == ulatedleserve` i srga=ted�4nnual lditinistr..atien .. 43,600 2,200 Fire; ... ,. . 4.. ,p 74,200 18,500 Public,Works 478,000 21 ,200 PolCce f , �. 169,000 51 ,000 • Comment Seiv�ces 43,500 4,450 "TfTAL _ $ 824,200 $ 109,250 174 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 10 Conclusion: It is the City's goal to fully fund equipment replacement, however, the City has not funded equipment replacement prior to July 1,-2000, except in the wastewater account. Therefore, there is a substantial liability currently existing for all City funds. As part of previous financial strategies, in fiscal year 2000/2001 Council began funding equipment replacement at the very modest $25,000 a_year level with a plan to increase the funding by $15,000 annually until the City was fully funding annual equipment replacement. In keeping with the plan, by 2003-2004 the City's annual equipment contribution was up to:$70,000. (Due to budget constraints, the City also contributed its planned 2004-2005 annual contribution of $85,000 in the current year.) The City will continue with it's current strategy and should be fully funding annual -equipment replacement by fiscal year 2006-2007. Funding annual replacement is only part of the strategy. Like the infancy of the technology replacement fund and the vehicle replacement fund, there are significant accumulated deficits in equipment replacement reserves from inadequate funding in prior years. As with the other funds, accumulated deficits will be whittled down by funding replacement purchases through the general fund and by taking advantage of savings opportunities as_they arise. • 175 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 11 Leave Accruals Introduction: The City of Atascadero has a full-time equivalent staff of 115 employees that accrue paid leave time Leave includes vacation, holiday, compensation time earned (CTE), administrative leave and sick leave. This section deals with the leave accrual balances and how they translate into non-funded liabilities for the City. Analysis: Once accrued,vacation, holiday, administrative leave and comp time become a liability to the City, as they must be paid in full to the employee upon separation. Sick leave is treated differently, depending on the negotiated terms of the bargaining unit for each classification. Currently, most employees in a classification on the full-time salary schedule, accrue a floating holiday as of January 1st annually. This is a "use it or lose it" benefit. If it is not used within the calendar year that it accrues, it is zeroed out. Other holiday time earned becomes the property of the employee and is accrued until it is used or the employee terminates. Generally employees that work non-traditional shifts can accrue holiday time, e.g., police, fire, parks and zoo staff. Administrative leave is only paid out as cash to an employee if they leave employment. Those hours accrue on a fiscal year basis and must be used within the fiscal year. All employees are eligible for sick leave incentive. Once a minimum of 48 days is accrued, the employee is eligible for a pay-off of up to one-third of unused hours for that year. This is done on an annualbasis. There are currently three groups of employees that are eligible to be paid for half of their accrued sick leave hours_upon separation of employment if they also meet the following two requirements: 1) they have five or more continuous years of service and 2) they leave employment in good standing. In the good years, the City has been buying back' leave time from employees, thus making significant progress toward reducing the total leave deficit. This policy has had a twofold effect: 1) It allows the City to buy down the liability prior to employee raises rather than letting the liability continue to grow. As employees receive merit increases and cost of living adjustments, the dollar value of their accumulated hours increase, thus increasing the City's liability. 2) Employeesappreciatethe opportunity to cash out some of their accrued time, thus the program also works toward the City's employee retention goals. • 176 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 12 The figures below represent th g p e cash liability.of the total number of hours banked. The annual reserve liability as of June 30, 2003 is as follows: INS AN,dnlstr �oi � $ 33,153 $ 10,303 $ 22,850 _'d m irstra iv a ,ices 27,448 9,012 18,436 Comm ttjr6erelennt � 25,780 25,535 245 � Cornrr�u mics 93,190 21,278 71,912 Fara p 145,682 92,002 53,680 � e 204,683 116,755 87,928 �� , 30,221 14,810 15,411 Fll deue m ry � , 13,605 5,123 8,482 ; 4 21,159 7,497 13,662 wit 38,322 38,322 0 r 935 935 0 uildtrt c 16,075 4,083 11,992 8,0641 4,1891 3,875 . � AM4-_j 658,317 $ 349,844 1 $ 508,473 Conclusion: • It is the City's goal to fully fund leaveliabilities. The current strategy is to book the annual increase in "current accruals and pay for turnover cost from current operations. The City will continue to evaluate strategies to reduce the liability. This issue will be reviewed annually and as funds permit, the strategy will be modified. • 177 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 13 • Personnel Introduction: The City tries delicately to maintain the balance between a reasonable budget and staffing levels large enough to properly service the public. As the community requests more efficient service and an expansion to new service programs,it is the obligation of the City's leaders to ensure that personnel is adequately budgeted to properly address the concerns of the citizens. Analysis: Above all other things, the City is a service organization. In order to achieve and maintain optimal levels of service, it must budget for sufficient numbers of employees and pay enough to attract quality personnel. As discussed at the strategic planning session, staffing seems to be the.biggest issue for the department heads. Currently,all of the departments feel understaffed and have struggled with significant vacancies • throughout the year. It is extraordinarily difficult to deliver excellent service while being overworked. In order to get the work done, the current staffing resources are stretched thin. This causes high overtime costs, employee stress, high rates of burnout, and eventually, skyrocketing turnover. These "hidden" .costs can get out of control, but because they are not obvious and are difficult to measure, they often are not taken into consideration when forming strategies. The City has studied the levels of staffing necessary for current service needs and has determined more personnel are needed to deliver the level of service that the public expects. Because of funding limitations, staffing levels have not kept pace with City growth and Atascadero falls further behind other cities in the County and state standards. For example in 1989 Atascadero had almost 1.09 police officers for every 1,000 residents,today we have only 1.01 police officers today per 1,000 residents. This is a 7% decrease in police service levels for our citizens. Without some significant help from federal grants and a concerted effort by Council in recent years, this drop in service would've been even more significant. • 178 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 14 Our services levels also continue to remain behind other jurisdictions. For example, the • City of Paso Robles has 1.25 officers per thousand (or 25% more officers per capita than Atascadero), and the state standard is 1.5 officers per thousand (or 50% more officers). Citizens have a right to demand protection and the City is obligated to provide for it, but that can only happen with a well-designed strategic plan that allows for sufficient personnel budgeting. Police Officers Per Thousand kh_.. Atascadero . , State Standard ' Paso Robles . 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Relatively speaking, Atascadero is one ofthebiggest cities but has some of the lowest revenues in the county. Although salariesand benefits represent a full 63% of the • General Fund budget, they are still low when compared to other local cities. Atascadero competes with all of the other governments for employees, and with a higherworkload and lower salaries than other jurisdictions, it is not easy to attract and keep the best and the brightest. In the face of the state budget crisis and lower than projected revenues, the large personnel budget often becomes an attractive item to cut. However, the City has found that trimming the personnel budget doesn't equate to any real savings in the long run. When salaries are limited or needed positions are not budgeted, recruitment costs, employee discontent, and turnover rates increase. The City currently has a terrific staff, and with a solid plan for personnel management, it will remain that way. Conclusion: It is the City's goal to hire and keep the best and the brightest employees, to maintain staffing at optimum levels, and to reduce turnover to a minimum. This solution is not as easy as just establishing a reserve. It is a complex issue that requires a complex solution. The City's strategy is to build the organization to the point where it has sufficient staffing for the current service levels and to plan for new positions within the emerging development, such that the increase in service needs would be met with an increase in personnel. Additionally, the service needs of new programs should be thoroughly evaluated prior to making any commitments, because current staff cannot • effectively absorb additional duties. 179 Atascadero June 2004 Comprehensive Financial Strategy Section 2, Page 15 . Operating and Capital / Policies Reserves Introduction: These recommendations build on the analysis contained in this section and add some additional financial concerns. The areas identified in the first section translate into necessary reserves to sustain the long-term financial strength of the community. As the basic costs of the business are realized, strategies must be developed to set aside appropriate funds to deal with the issues. Additionally, funds must be reserved for cash flow,contingencies and emergencies. This report is important, especially to an organization like Atascadero that has experienced a time of many consecutive years of financial hardship, followed by an economic boom and is now, again, looking in the face of massive state budget cuts. It is difficult to begin establishing reserves, let alone fund a major reserve deficit from years of not saving. Cash Flow Analysis: Staff has researched the spending patterns in the last five fiscal years. This includes a monthly review of revenue and expense patterns. The research shows the maximum cash flow need expected to be in excess of $6,000,000. The following amounts • represent the maximum cash flow requirement for the years indicated: $3,021,199 1 $4,996,135 1 $6,160,666 1 $3,643,211 $5,065,881 A reserve for cash flow occurs because of the timing of the City's revenues and expenses. The City has the most cash on hand in April after it has just received its property tax revenues and wastewater fees. During the summer and fall the City does receive sales tax and motor vehicle fees, however, it is incurring more expenses for capital projects, fire reserves, recreation programs, etc. In other words, the City's receipts go down from April through November while the City's disbursements go up during the same period. With the aggressive Atascadero Roads Program and the large earthquake recovery projects, the cash flow needs are expected in increase significantly in the immediate future. It is imperative that the City maintains sufficient cash reserves to cover the City's cash flow needs. • 180 Atascadero Comprehensive Financia/Strategy lune 2004 .Section 3- Fiscal Po/icier • 181 Atascadero June 2004 Comprehensive Financial Strategy Section 3, Page 1 • fiscal Policies The budget document allocates City, resources such as personnel, materials, and equipment in tangible ways to achieve the general goals of the community. It is prudent, therefore, for the City to have in place adopted fiscal policies to guide the City Manager_and"City Council through the budget decision-making process. These policies are: OperationalEfficiencies: ♦ To implement internal operating efficiencies wherever possible. ♦ To utilize private contractors.when the same or higher level of service can be obtained at lower total costa ♦ To staff each department according to reasonable service levels,-and to utilize consultants and temporary help instead of hiring staff for special projects or peak workload periods. ♦ To enter into joint operating arrangements with other agencies so as to provide services more cost effectively. To increase the use of volunteers. Economic Development: • ♦ To provide a climate that encourages healthy commercial areas that,capture more of the purchasing power of the community and creates more destination commercial activities to capture regional money. ♦ To aggressively pursue new developments and businesses which are consistent with our quality of life and add to the City's economic base, particularly those that generate sales tax revenue. ♦ To promote a mix of businesses which contributes to a balanced community. ♦ To continue to improve programs to enhance and retain existing businesses. Community Development: ♦ To insure that adequate funding is in place to provide essential services to new residents without diluting services for existing residents by: o Forming a far reaching Community Services District to fund the addition of the necessary police, fire and parks personnel needed to provide services to these new residents. o Requiring EACH project that comes before Council to annex into the newly formed Community Facilities District. (The general plan requires that only developments with 100 or more units be fiscally neutral.) o To form road maintenance districts in order to provide an ongoing revenue source needed to maintain new, expanded or recently accepted roads. • ♦ To require that new growth pay for the expansion of facilities and infrastructure necessary to serve the expanding population. ♦ To plan community growth with service and maintenance funding requirements in mind. 182 Atascadero June 2004 Comprehensive Financial Strategy Section 3, Page 2 • Infrastructure: To continue to determine and implement strategies to reduce the current backlog of deferred maintenance projects. To provide sufficient routine maintenance each year to avoid increasing the deferred maintenance backlog. To determine a maintenance plan and funding strategy prior to the construction, improvement or acceptance of new infrastructure. Employee Development: ♦ To attract and retain competent employees by providing a professional work environment, competitive salaries, safe working conditions, and adequate training opportunities. To base salary increases on individual merit and job performance levels: ♦ To strive toward maintaining above average employee compensation packages in order to recruit and maintain the best and the brightest. To work toward adequate staffing for the service levels being provided. To be aware of and plan for state,federal and OSHA mandates which might have an effect on staffing levels. ♦ To be aware of, monitor and avoid the "hidden" costs of employee turnover, burnout, • and stress due overwork. ♦ To look for service level reductions in areas where there will be minimal impacts to citizens,thus "freeing" employee time. New Services: ♦ To add new services or increase service levels only when a new funding source has been developed or when an equal or greater service/service level has been eliminated.: ♦ To require agreements for specific services and monitor effectiveness on an ongoing basis. Construction of New facilities: To plan for new facilities only if construction and maintenance costs will not negatively impact the operating budget. • 183 Atascadero June 2004 Comprehensive financial Strategy Section 3, Page 3 • Fiscal Management: ♦ To generate additional revenue by marketing City services to other agencies on a contract basis. ♦ To maximize revenues by utilizing grants from other agencies to the fullest extent possible. ♦ To charge fees for services that reflect the true cost of providing such services and to review fee schedules on a regular basis. ♦ To fully account for the cost of enterprise operations to avoid any subsidy by the General Fund and to charge all enterprise funds their fair share of the cost of City support services. ♦ To maintain accurate accounting records to keep the City Manager, City Council and public informed of the financial condition of the City at all times. • 184 Atascadero June 2004 Comprehensive Financial Strategy Section 3, Page 4 Note from the Administrative Services Director: The information contained in this financial strategy is the best estimate of the Administrative Services Department at this time. At the same time, the fiscal policies listed herein are in the Administrative Services Director's opinion best fiscal practices. Some of the recommendations may be unpalatable to particular constituents as they may call for increased fees, lower service levels or higher assessments. In my opinion, however, all of these fiscal policies are necessary to maintain the current levels of service that the community now enjoys. Without a sound financial plan, City services such as fire and police protection, available ball fields and organized youth activities will continue to be diluted. • • 1'85 ITEM NUMBER: C-4 DATE: 7/27/2004 .r ■ r■ � 1918 1919 8 Atascadero City Council Staff Report - City Manager's Office City AttorneyRecruitment RECOMMENDATION: Council approve the attached Request for Proposals and direct the City Manager to implement the recruitment process. DISCUSSION: The City Attorney Roy Hanley resigned effective June 30, 2004. Tom Gibson, of Best Best & Krieger, is providing Interim City Attorney services. The 'City Council directed the City Manger to develop a Request for Proposals and a recruitment process. The process outlined in the attached Request for Proposals includes an interview of the top qualified firms by the City Council. The final decision rests with the City Council. FISCAL IMPACT: None at this time. This,action will lead to a contract for legal services that will have a financial impact. ALTERNATIVES: • Modify the Request for Proposals or the process ■ Delay the process ATTACHMENTS: Request for Proposals 186 ■ ■A r■ Request for Proposals CITY OF ATASCADERO -CITY ATTORNEY- GENERAL & COMMUNITY REDEVELOPMENT AGENCY LEGAL SERVICES z2n CITY OF ATASCADERO CITY MANAGER'S OFFICE CONTACT: WADE G.'MCKINNEY, CITY MANAGER 6905 EL CAMINO REAL SUITE 6,,ATASCADERO, CA 93422 (805)461-5000 EXT.3400 FAX: (805)470-3405 DEADLINE FOR SUBMITTAL: 5:00 P.M., SEPTEMBER 29 2004 (NO POSTMARKS) 187 City/Community Redevelopment Agency of Atascadero Request for Proposals City Attorney and Community Redevelopment Agency Counsel/Legal' Services The City Council/Community Redevelopment Agency of the City of Atascadero invites interested legal firms to submit written proposals to provide legal services for the Atascadero City/Community Redevelopment Agency. The Council is seeking a law firm that can provide an individual associated with the firm to serve as City Attorney for the City of Atascadero, Attorney for the Atascadero Community Redevelopment Agency, as well as provide diverse legal services to the City organization. Submittal Guidelines Eight (8) complete copies of each proposal shall be submitted in a sealed envelope bearing the caption: "City of Atascadero-City Attorney Proposal"and addressed to: Wade G. McKinney City Manager City of Atascadero • 6905 El Camino Real, Suite 6 Atascadero, CA 93422 Proposals may be filed in person at the City Manager's office or by mail, but must in any case be received in the City Manager's office by 5:00 p.m. on September 2, 2004. Late proposals or postmarks will not be accepted. All proposals received will be confidential and will be retained by the City of Atascadero. The City Council reserves the right to reject all proposals, to request additional information concerning any proposals for purposes of clarification, to accept or negotiate any modification to any proposal, following the deadline for receipt of all proposals, and to waive any irregularities, if such would serve the best interest of the City, as determined by the City Council. All inquiries regarding this Request for Proposals and current legal services of the City should be directed to Wade G. McKinney, City Manager at the above address or by telephone at (805) 461- 5000 ext. 3400. Background Incorporated in 1979, Atascadero is located approximately 20 miles north of San Luis Obispo, half way between'San Francisco and Los Angeles in,California's Central Coast region. The City • is 25 square miles.in area and has a population of approximately 28,000. Atascadero is a residential and commercial center with limited industry. Retail merchandising is the principal business activity. 2 188 The City operates under the council-manager form of government with a five-member City Council. City Council are elected to four-year overlapping terms on an at-large basis. Annually, the City Council selects one of its members to serve as Mayor. The City Council is the legislative body responsible for overall policy development and direction of the City. The City Council also serve as the Board of Directors of the Community Redevelopment Agency. In addition, the City Council has two citizen Commissions whose members are appointed by the City Council. The City Council appoints the City Manager, who serves; as the executive officer and is responsible for the day-to-dayoperations of the City/Agency. The City Manager's executive staff include: the Assistant City Manager and department heads for Administrative Services, Community Services, Community Development, Fire, and Police. The City Council appoints the City and Community Redevelopment Agency Attorney and contracts with that individual's firm for legal services. Atascadero is a full service city providing police, fire, public works, parks and recreation, engineering, planning, redevelopment and economic development, some transit, as well as all of the traditional internal management support functions. The City has a current budget of$23.2 million, and_a full-time staff of approximately 125. The Atascadero Redevelopment Agency (Agency) was established by the City Council in 1998 to eliminate blight,and vitalize the economic structure of the City. Pursuant to Redevelopment Law, the Agency establishes project areas with the adoption of redevelopment plans. The • Agency works with developers, property owners and private businesses to develop new projects and rehabilitate and/or expand existing developments. The public/private joint venture may involve the construction of new infrastructure, the assemblage of land or alternatives for project financing. , Requested Information PLEASE NOTE: All proposals must provide specific and succinct answers to all questions and requests ,for information. Indirect, imprecise, or incomplete responses can serve only to the disadvantage of the.applicant. Please answer the questions in the format and order presented. (Submissions of individual resumes alone will not be considered responsive to any specific question.) 1. Please describe your firm's qualifications for providing City and Community Redevelopment Agency legal services. Include in your response: a) The overall capabilities, qualifications, training, and areas of expertise for each of the partners/principals and associates that may be assigned to work with the City, including but not limited to: Name of individual(s) with resumes; ❑ Length of employment with firm; 3 189 ❑ Specialization; ❑ Legal training; ❑ Scholastic honors and professional affiliations; ❑ Date of admittance to California Bar; ❑ Years of practice; ❑ Municipal or other local public sector experience (include billing summaries for the past five years if appropriate); ❑ Knowledge of, and experience with California Municipal Law and California Redevelopment Law; ❑ Years and statement of other types of clientele represented; ❑ Litigation experience and track record; ❑ Knowledge and practice of law-relating to land use and planning, CEQA, NEPA, general plans, real estate, environmental issues, hazardous waste and other related law; ❑ Experience in the area of personnel, workers' compensation, general ,liability and employee relations; ❑ Experience in the area of contracts and franchises; ❑ Experience in the preparation and review of ordinances and resolutions; ❑ Experience in the area of the Public Records Act, the Brown Act, and the Elections Code; ❑ If the firm, or any of the attorneys employed by the firm,have ever been successfully sued for malpractice, been the subject of complaints filed with the State Bar, or had discipline imposed by the State Bar, please provide information on the nature of the • incident, the-dates on which the matter began and was concluded, and the results of the situation. b) Specify the individual that you propose for appointment as City Attorney and Community Redevelopment Agency Counsel and reasons for recommendation. c) Specify the individual(s), if any, that you would propose as Assistant or Deputy City Attorney and Community Redevelopment Agency Counsel and/or who would be designated as competent, substitute/backup legal representation for the City and Community Redevelopment Agency in the event of the absence or unavailability of the City Attorney or Agency Counsel. d) Describe how you would structure the working relationship between the City Attorney and the City Council, City Manager, Department Heads, City Commissions, and other members of staff. e) Specify intended office location and accessibility to the City's needs, including proposal for hours and day(s) of week for regular established office hours at City Halla f) Describe systems/mechanisms that would be established to ensure timeliness of response to City Council and Agency Board and City/Agency staff. g) Define the standard time frames for response by the City Attorney and Agency Counsel to direction and/or inquiry from the City Council/City Manager or Agency Executive Director. 4 190 h) Describe systems/mechanisms that would be established for monthly reporting of status of projects, requests; and litigation. i) Describe the process for transmittal of requests and other material to City Attorney and Community Redevelopment Agency Counsel. j) Describe the staffing of your office including all permanent and temporary employees and their general duties and work schedules. Include any changes you would propose, now or in the future -should you be awarded a contract to provide legal services to the City/Agency. k) Describe your preference for method of payment and your procedure for billing of extra hours and expenses and any other accounting requirements. 1) It is anticipated that the City and Community Redevelopment Agency will contractually require monthly-itemized statements for all services and will subject these statements to audit at least annually. Describe how you would provide for this reporting. m) Describe the computer resources currently utilized within your office. It will be a requirement that the City Attorney and Community Redevelopment Agency Counsel utilize Microsoft Word for Windows word-processing for all correspondence. The City Attorney.and Community Redevelopment Agency Counsel's office will be required to connect one or more computers to the City's computer local area network, or to maintain Internet services such that mail and;files can be transmitted between staff and the City Attorney and Community Redevelopment Agency Counsel. n) 'The City/Agency of Atascadero will require the firm with which a contract is established, prior to commencement of work, to provide ,evidence of appropriate professional liability "insurance, errors and omissions insurance, and workers compensation insurance coverage as needed. Describe how you would provide same and in what coverage amounts. Such coverage must be provided by an insurance company(ies) authorized to do business in the State of California. Certificates must name the City/Agency of Atascadero as an Additional Insured and shall provide that contractor's policy is primary over any insurance carried by the City/Agency of Atascadero and that the policy will not be cancelled or materially changed without thirty (30) days prior notice in writing to the City/Agency of Atascadero. The successful firm must agree, if awarded a contract as a result of its proposal, to indemnify and hold harmless the City/Agency of Atascadero, its officers, agents, and employees from any and all claims and losses accruing or resulting to persons engaged in the work contemplated by its proposal or to persons who may be injured or damaged by the firm or its agents in the performance of the work. Prior to commencement of any work, these and other provisions will be established contractually. 2. Additionally, please describe your firm's qualifications for providing the following specific Community Redevelopment Agency legal services. 5 191 a) Clearly describe your range of experience with California Redevelopment law, project negotiation,and the drafting and implementation of agreements and contracts (i.e. lease, purchase, Owner Participation and Disposition and DevelopmentAgreements) and litigation. b) Please describe your experience in development, and variety of redevelopment projects and the promotion of low and moderate-income housing. c) Describe how you,would structure the working relationship between the Community Redevelopment Agency Counsel, Agency Board, Executive Director, Department Heads, and other members of staff. 3. The City contracts for workers' compensation and general and auto liability coverage through California Joint Power Insurance Authority (CJIPA) with other public agencies. Currently, the City's self-insured retention is $50.000 per claim. Please describe your firm's qualifications for providing the general support and liaison to a JPA type pool on behalf of a client. a) Specify the individual(s), if any, that you would propose as serving as a` police liability/litigation specialist. This will include Pitchess motions. Please describe your range of experience in these matters. City reserves the right to contract liability and workers' compensation cases in areas of specialty that the City deems appropriate. Compensation and Reimbursement 1. It is anticipated that the City Council/ Agency will expect the firm to provide a system wherein basic services are provided under a fixed monthly retainer and additional services billed at an hourly rate. Basic services, for the purposes of this proposal, shall include those legal services generally understood within the field of municipal law to fall within the category of "general counsel work, and shall include, but not necessarily be limited to, the following: a) Attendance at all meetings of the Atascadero City Council and Community Redevelopment Agency Board (including regular sessions, closed sessions, .and as needed work sessions). Regular sessions are normally held on the second and fourth Tuesday of each month; b) Attendance, as needed and as directed by the City Council and Community Redevelopment Agency or City Manager/Executive Director, at certain meetings of the City's Commissions or other City/Agency committees or Commissions; c) Review and/or preparation of ordinances, resolutions, orders, agreements, forms, notices, declarations, certificates, deeds, leases, and other documents required by the City/Agency; 6 192 d) Consultation with the "City Council and Community Redevelopment Agency Board Members and City/Agency staff as needed - rendering of legal advice and opinions concerning legal matters that-affect the City/Agency, including new legislation and court decisions. Perform research and interpret laws, court decisions and other legal authorities in order to prepare legal opinions and to advise the Council and management staff on legal matters pertaining to City/Agency operations; e) Legal work pertaining to property acquisition, property disposal, public improvements,' public rights of way and easements,and matters relating to public utilities; f) Coordinate the work of outside legal counsel as needed and as directed by the City Council and Community Redevelopment Agency and City Manager/Executive Director, g) Regularly scheduled office hours in City Hall: 2. Services on an as-needed basis when directed by the City Council and Community Redevelopment Agency or, City Manager/Executive Director. These special services, anticipated to be provided at a specified hourly rate, include research, preparation, and follow-through on those types of matters. The law firm selected by the City/Agency will also be required to furnish special legal litigation affecting the City/Agency. This includes collection of performance bonds on construction contracts, and pursuing litigation to collect damages due the City/Agency. Excluded from special legal services would be litigation or defenses furnished by a self-insured program (worker compensation, liability coverage, etc.), other litigation where the City Council and Community Redevelopment Agency decides to retain special counsel (including bond counsel), certain redevelopment work outside of Community Redevelopment Agency meetings, or other work for which the City Council and Community Redevelopment Agency decides to utilize special counsel. 3. Based on the above,please include in your proposal the following: a) Proposed fixed monthly retainer for "basic" services; b) Specific services to be included in the category of basic services; c) Proposed hourly rate for additional services; d) Specific services to be included in the category of"additional" or "special" services. 4. Please also include in your proposal: a) Proposed terms and conditions for termination of contract by either party. The City Council and Community Redevelopment Agency wishes to retain the greatest latitude in its ability to change attorneys and/or law firms should that become necessary. Important Note: The individual(s) appointed, as City and Community Redevelopment Agency Counsel shall serve solely at the pleasure of the Council. The City Attorney and Community Redevelopment Agency is not a City/Agency employee and may be 7 193 terminated at any timebythe City Council and Community Redevelopment Agency, with or without cause. b) Specific expenses for which firm will claim reimbursement from City/Agency, including type and unit rate (i.e. rate for mileage, reproduction of documents; travel expenses, conference registration,etc.) Current Practices/Conflict of Interest 1. Please list any political contributions of money, in-kind services, or loans made to any member of a city council within the last three years by the applicant law firm and all of its attorneys, (including the attorney being proposed to represent the City of Atascadero). 2. Please list all public clients for which you or your firm currently provide services, or are under retainer. 3. Please list all public clients for which you or your firm previously provided services for over the last five years. 4. For the firm, and or the proposed City Attorney and Community Redevelopment Agency Counsel, please specify current or known future professional commitments in order that the City/Agency may evaluate your continuing availability for providing legal services to the • City/Agency. Professional References Please provide three professional and three personal references for the individual recommended for appointment as the City Attorney and Community Redevelopment Agency Counsel. Include with each, the name, address, and work telephone number of the reference. Evaluation and Selection Process 1. All proposals are due by 5:00 p.m.on September 2, 2004. 2. The Council and the City Manager/Executive Director, or their designee, shall review all proposals. Proposals will be carefully weighted for: a) Depth and breadth of experience and expertise in the practice of law, most specifically in those areas most often encountered in municipal government operations b) Capability to perform legal services promptly and in a manner that permits the City Council and Community Redevelopment Agency and staff to meet established deadlines and to operate in an effective and efficient manner. 8 194 c) Degree of availability for quick response to inquiries that arise out of day-to-day operating questions or problems. d) Degree to which firm and individual attorneys/counsel stay current through continued professional development and active communication with members of the municipal law field. e) Trial and appellate level experience and results. e) Communication skills. f) Documents requested in RFP. g) °Cost of services. 3. Qualifications and references of the top candidates based upon proposal responses will be verified. 4. Personal interviews by the City Council of the top candidates will be conducted. 5. The City Council will then likely appoint a committee of Council Members and City/Agency staff to negotiate the terms and conditions of a contract with the selected party, which must then be approved by formal Council action. • 6. The formal contract outlining duties and compensation will be entered into with the successful firm. 7. The City Council and Community Redevelopment Agency will formally appoint the individual(s) to serve as City Attorney and Community Redevelopment Agency Counsel. The appointed City Attorney and Community Redevelopment Agency Counsel is an at-will employee and shall serve at the pleasure of the City Council and Community Redevelopment Agency. The City Attorney and Community Redevelopment Agency Counsel is not a City/Agency employee and the City CouncilandCommunity Redevelopment Agency may terminate the appointment at any time, with or without cause. 8. Legal services to the City/Agency are anticipated to begin on or shortly after November 1, 2004. On behalf of the Council and staff of the City/Agency' of Atascadero, thank you for your consideration and efforts. Wade G.McKinney City Manager 9 195 ITEM NUMBER: C-5 DATE: 07/27/2004 1918 1798 CAI Atascadero City Council Staff Report City Clerk Marcia McClure Torgerson Designation of Voting Delegate League of California Cities' Annual Conference RECOMMENDATION: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in September 2004, and direct the City Clerk to inform the League of the designation. DISCUSSION: This year's League of California Cities' Annual Conference is scheduled for terve°= ar y., One very important aspect of the Annual Conference is the%, when.the # tit , •• ..r F ' . Annual Conference resolutions guide cities and the League in their efforts to improve the quality, responsiveness and vitality of local government in California. Each will be present at the AnnualBusiness Meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. FISCAL IMPACT: None J 196