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Home My WebLink AboutAgenda Packet 04/22/2003 Kim 1918 ' A 1979 CITY OF A TA SCADERO CITY COUNCIL AGENDA TUESDAY, April 22, 2003 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4 th Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. COUNCIL CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a) Conference with legal counsel - Existing litigation (Govt. Code Sec. 54956.9 (a)) 1. Environmental Center of SLO v. City of Atascadero b) Conference with labor negotiator (Govt. Code Sec. 54957.6) Agency Negotiator: William Avery Employee organization: Service Employees Intl. Union Local 620 3. Adjourn 4. CLOSED SESSION REPORT 1 REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Pacas ROLL CALL: Mayor Clay Mayor Pro Tem Luna Council Member Scalise Council Member O'Malley Council Member Pacas INTRODUCTIONS: COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Proclamation declaring May 2003 "Teen Pregnancy Prevention Month" 2. Proclamation recognizing Larry Kessinger, Coordinator of Atascadero State Hospital Volunteer Service Program 3. Proclamation declaring May 4, 2003 "Prayer Day" 4. Proclamation declaring April 27 — May 3 "International Compost Awareness Week" 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.) 2 1. City Council Minutes — March 25, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of March 25, 2003. [City Clerk] 2. City Council Minutes —April 8, 2003 ■ City Clerk recommendation: City Council approve the City Council minutes of April 8, 2003. [City Clerk] 3. March Disbursements — March 2003 Accounts Payable & Payroll ■ Fiscal impact: $1,119,034.33 ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for March 2003. [Administrative Services] 4. Authorization of Signers to Execute Documents with Financial Institutions ■ Fiscal impact: None. ■ Staff recommendation: City Council adopt the draft Resolution naming the individual positions authorized to execute documents with Mid-State Bank, investment companies, and other financial institutions. [Administrative Services] 5. Redevelopment Plan Amendment ■ Fiscal impact: None. ■ Staff recommendation: Council adopt on second reading, by title only, the attached draft Ordinance, enacting amendments to Ordinance 362 approving and adopting the Atascadero Redevelopment Project and Redevelopment Plan. [City Manager] 6. Zone Change 2002-0032 - The Villas at Montecito - 28-Unit Multi-Family Planned Development #18 and Commercial Retail Zoning for a 6,400 SF Office Building (9500 Las Lomas Avenue / Hendrix) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, residential planned development overlay zones do not require services beyond that which would be permitted within a underlying residential zoning district; however, office-commercial uses require services that exceed the revenue generated by the uses. ■ Staff recommendation: City Council adopt on second reading, by title only, the attached draft Ordinance, enacting Zone Change 2002-0032 adding the PD-18 overlay to an RMF-16 site, and changing an 8,892 square foot portion of the site from RMF-16 to CR. [Community Development] 7. Zone Change 2003-0033 - The Villas at Montecito 28-Unit Multi-Family Planned Development Establishing Planned Development#18 (9500 Las Lomas Avenue / Hendrix) ■ Fiscal impact: The project would likely have no negative impact on City revenues. As a general rule, residential planned development overlay zones do not require services beyond that which would be permitted within an underlying residential zoning district. ■ Staff recommendation: City Council adopt on second reading, by title only, the attached draft Ordinance, enacting Zone Change 2003-0033 establishing a PD-18 zoning overlay district. [Community Development] i 3 8. Zone Change 2003-0038 - Conversion of Existing 1,925 Square Foot Building From Office Use to Single-Family Residence (7905 Curbaril Avenue / Black) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwelling require services that exceed the revenue generated by the dwelling. ■ Staff recommendation: City Council adopt on second reading, by title only, the attached draft Ordinance, enacting Zone Change 2003-003 changing a CR zone to an RMF-10 zone. [Community Development] 9. Weed/Refuse Abatement Program ■ Fiscal impact: The City recovers costs for administering this program through the 100% administrative fee, which is placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2003-2004 Tax Roll. ■ Staff recommendation: Council adopt the draft Resolution, declaring vegetative growth and/or refuse a public nuisance, commence proceedings for the abatement of said nuisances, and place all abatement fees on the San Luis Obispo County Special Tax Assessment for the fiscal year 2003-2004 Tax Roll. [Fire Department] 10. Self Contained Breathing Apparatus Award Contract ■ Fiscal impact: No General Fund impact. While the Assistance to Firefighters Grant requires a 10% match, this match was met with the purchase of the air machine. ■ Staff recommendation: Council authorize the City Manager to execute the contract with Bauer Compressors for the purchase of 25 Self Contained Breathing Apparatus and equipment at a cost of $141,561.22. Money will be allocated from 2002 Assistance to Firefighter's Grant Program. [Fire Department] 11. Revised Disadvantaged Business Enterprise Goal • ■ Fiscal impact: Staff time to monitor DBE Program. ■ Staff recommendation: Council adopt revised Disadvantaged Business Enterprise (DBE) participation goal. [Public Works] 12. Sewer Extension Reimbursement Agreement Chauplin Avenue — Phase II ■ Fiscal impact: The city will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded to Mr. Finch. ■ Staff recommendation: Council authorize the Mayor to execute the Public Extension Reimbursement Agreement with J. Michael Finch for sewer extension. [Public Works] 13. Sewer Extension Reimbursement Agreement Junipero Avenue ■ Fiscal impact: The city will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded to Mr. Weatherman. ■ Staff recommendation: Council authorize the Mayor to execute the Public Extension Reimbursement Agreement with Thomas Weatherman for sewer extension. [Public Works] 14. Sewer Extension Reimbursement Agreement Seperado Avenue ■ Fiscal impact: The city will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded to Mr. Gaultney. • ■ Staff recommendation: Council'authorize the Mayor to execute the Public Extension Reimbursement Agreement with Glen Gaultney for sewer extension. [Public Works] 4 15. EI Camino Real Gravity Sewer Main Extension Consultant Services Agreement Amendment ■ Fiscal impact: $27,000 in Amendment to Contract ■ Staff recommendation: Council authorize the City Manager to execute an amendment to the Consultant Services Agreement with Cannon Associates for the EI Camino Real Gravity Sewer Main Extension project. [Public Works] B. PUBLIC HEARINGS: 1. Adoption of Development Impact Fee Adjustments and Operational Service Fees for Development Services ■ Fiscal impact: Actual revenues are not estimated; they will offset expenses associated with providing services to new development. ■ Staff recommendation: Council accept public comment and: 1. Approve the Atascadero Facilities Master Plan dated November 2002. 2. Introduce for first reading, by title only, Draft Ordinance amending the Municipal Code, establishing revised Development Impact Fees per staff recommended Schedule 2.1 in Development Impact Fee Staff Report. 3. Introduce for first reading by title only of the Draft Ordinance amending the Municipal Code, by adding Chapter 3.32, establishing a fee and service charge revenue/cost comparison system for the City's operational fees. 4. Approve the adoption of Service Fees S-001 through S-041 and S-047 through S-068, establishing fee and service charge/cost recovery systems for development related services. [City Manager] r C. MANAGEMENT REPORTS: 1. City Council Goals for the Fiscal Year 2003-2004 ■ Fiscal impact: No fiscal impact is calculated. Actual impact would be presented as specific proposals are brought forward. ■ Staff recommendation: Council affirm and file Action Plans for the 2003-04 Strategic Initiatives. [City Manager] 2. Memorandum Of Understandinq North County Urban Area Transit Operators ■ Fiscal impact: This change results in a shift in funding from the Rural 5311 funds to Urban 5307 funds. The North County Urbanized Area will receive approximately $550,000 the first year. This is a significant increase when compared to the 2001/02 Countywide 5311 apportionment of$422,000. ■ Staff recommendation: City Council authorize the Mayor to execute the attached Memorandum of Understanding (MOU) between SLOCOG and Public Transportation Providers. [Public Works] D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given,as felt necessary.): Mayor Clay 1. Water Committees 2. County Mayor's Round Table 5 Mayor Pro Tem Luna 1. Finance Committee • 2. Integrated Waste Management Authority(IWMA) Council Member Scalise 1. Atascadero State Hospital Advisory Board 2. Local Agency Formation Commissions (LAFCO) 3. S.L.O. Council of Governments(SLOCOG)/S.L.O. Regional Transit Authority(SLORTA) Council Member O'Malley 1. Finance Committee 2. City/Schools Committee 3. Air Pollution Control District(APCD) 4. League of California Cities-Grassroots Network 5. Economic Vitality Corporation, Board of Directors(EVC) Council Member Pacas 1. City/Schools Committee 2. Atascadero Youth Task Force 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, Cheryl DeJong, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the April 22, 2003 Regular Session of the Atascadero City Council was posted on April 16, 2003 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 16" day of April 2003 at Atascadero, California. Cheryl De ng, D96uVy Clerk City of Atascade o 6 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk (Room 311) and are available for public inspection during City Hall business hours at the Central Receptionist counter and on our website,www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All 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, (805) 461- 5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • • You must approach the podium and be recognized by the Mayor • Give your name and address(not required) • Make your statement • All comments should be made to the Mayor and Council • All comments limited to 5 minutes(unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address(not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum(unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be` n the Office of the City Manager 14 days preceding the pp g p g 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. "TEEN PREGNANCY PREVENTION MONTH" MAY 2003 • WHEREAS the teennanc re problem crosses all racial, cultural and socio-economic P 9 Y lines, and teen parenthood has emotional, health and financial consequences that impact the teen, their families and society as a whole; and , WHEREAS, by the year 2010, the total adolescent population in California forages 10 to 19 is expected to top 6.2 million, which translates into more individuals entering reproductive age; and WHEREAS, the California Department of Health Services, "It's Up to Me" media campaign works with a vast network of community-based organizations (CBOs), including Community Challenge Grants (CCGs), Male Involvement Programs (MIPs), information & Education programs (I&Es) and TeenSMART Outreach (TSO) programs to promote teen pregnancy prevention on a local level and WHEREAS, all of us play an integral role in preventing teen pregnancy in our respective communities and government alone cannot solve the problem of teenage pregnancy; and WHEREAS, the California Department of Health Services' teen pregnancy prevention programs and the "It's Up To Me"media campaign have created and enhanced opportunities for collaboration between government and parents, community groups, schools, religious institutions, health and human service providers, and the private sector in California to plan and implement effective strategies and programs in communities across the state to reduce the number of teen pregnancies; and • WHEREAS in theear 2001 births to teens 15 through 19 ears.of age declined to a Y years. 9 rate of 45.1 per thousand, down from 48.1 per thousand in 2000- making California's teen birth rate fall below the national average of 46 per thousand-for the first time in 10 years and WHEREAS, in San Luis Obispo County Economic Opportunity Commission (EOC) Health Services Community Education and the peer education, Y-CARE? (Youth Committed to AIDS Related Education), programs have made'significant contributions to the education of young people on issues concerning reproductive health in efforts to reduce the number of teen pregnancies, and WHEREAS, between the years of 1995 and 2001, births to teens 15 through 19 years of age have steadily declined in San Luis Obispo County to a rate of 19.6 per thousand, down from 33.3; and WHEREAS, this significant decline of such an important health indicator clearly attests to the fact that effective intervention programs and the involvement of California commu lities and the "It's,Up to Me"media campaign are making a difference; and WHEREAS, May is designated Teen Pregnancy Prevention Month in the United States, NOW, THEREFORE, we the members of the Atascadero City Council do hereby proclaim May as "Teen Pregnancy Prevention Month"in Atascadero, California. J rry L. Y, Sr., Mayor C� , ity oft scadero April 22, 2003 Lt City of Atascadero Proclamation To Recognize the Valuable Service of "Larry Kessinger" Coordinator of Volunteer Services e WHEREAS, Atascadero State Hospital is a maximum-security psychiatric hospital in the City ofAtascadero; and WHEREAS, Larry has displayed leadership and diplomacy in promoting safety as an essential element of the Volunteer program at Atascadero State Hospital; and WHEREAS, to facilitate the delivery of goods and services that would otherwise not occur in the lives of the mentally ill and disordered individuals committed at Atascadero State Hospital; and WHEREAS, to lead in the planning, fundraising and service of loyal volunteers to create a Santa's Workshop to promote the patient's experience in the joy of giving gifts to their families; and WHEREAS, to facilitate the Match-2 Program providing healthy external contacts and mentoring to patients who would otherwise have none; and WHEREAS, to facilitate the access of Religious Volunteers who enhance the worship needs of patients; and to.obtain through donation and make available appropriate and dignified civilian clothing to the patients preparing for discharge from the facility;.and WHEREAS, for being the messenger for twenty-five years in relaying the heartfelt gratitude from the patients and staff, to the many ASH volunteers who willingly have donated their strengths and resources. NOW, THEREFORE, we the members of the Atascadero City Council do hereby proclaim that Larry Kessinger be recognized for twenty-five years of service as the Coordinator of the Atascadero State Hospital Volunteer Service Program. Q. r t erry L. l y,Sr.,Mayor City ofA cadero April 22, 2003 002 "PRA E'ER DAY" May 4 2003 WHEREAS, May 3,2003 is designated Statewide Prayer Day and May 4, 2003, as City-wide Prayer Day; and WHEREAS, a Prayer Day was proclaimed by the Continental Congress in 1775; and WHEREAS, The National Day of Prayer Association has proclaimed and declared the National Prayer Day(First Thursday in May) as National.Day of Prayer Week 2003; and WHEREAS, it is fitting that we in the United'States, California, and the City of Atascadero observe a day when we acknowledge our many Blessings and express our gratitude to God while recognizing our need to strengthen the religious and moral values in our land and WHEREAS, The National Day of Prayer Association promotes a statewide, and citywide Prayer Day in the City of Atascadero, California and the Globe to bring peace, unity and healing; along with a spirit of love to all our citizens; and a number of-cities, states, and nations • around the globe will be recognizing the power of prayer to change people and events and create hope; and' NOW, THEREFORE, we the members of the Atascadero City.Council do hereby proclaim May I S` through May 7`h, ,as "National Prayer;Week,.2003" and May 4`h as city-wide "Prayer Day" in the Cityof Atascadero, urging all citizens to 'observe these days;by joining members of all:faiths and creeds in seeking divine guidance for ourselves, our leaders and our country and to reafjirm the fact that we are truly one national indivisible under God WITNESS THE OFTICIAL SEAL OF THE CITY OFATASCADERO • _ rry L. Sr., Mayor of Ata ero 12tyP2 20 003 "INTERNA TIONAL COMPOST A WARENESS WEEK" APRIL 27, 2003 TO MAY3, 2003 WHEREAS, the Composting councils of Canada and the Untied States have declared April 27, 2003 to May 3, 2003 to be the International Composting Awareness Week; and WHEREAS, organic materials suitable for composting represent up to 70% of materials landfilled each year and composting is an effective form of reuse and recycling; and WHEREAS, home composting and participating in curbside collection programs is a way householders can reduce the volume of waste generated at home by taking individual responsibility for keeping waste reduction costs down and protecting the environment; and WHEREAS, composting keeps organic matter out of landfills, saves money by reducing the need for fertilizer, water and garden supplies, and helps to limit pollutants from entering the environment and promotes proper management of yard waste; and WHEREAS, compost improves the soil structure, reduces erosion and nutrient run-off to lakes and wetlands,promoting better water quality; and WHEREAS, centralized composting programs, both public and private, benefit from increased awareness of the:benefits of adding organic materials to the soil, thereby increasing the demand for compost and mulch products and WHEREAS returning organic resources to the soil is a method of decreasing the dependence on non-renewable resources, and reduces impacts of greenhouse grasses; and WHEREAS, community sustainability is enhanced by promoting the use of renewable resources in landscaping, horticulture and agriculture; and WHEREAS, the City of Atascadero initiated greenwaste curbside collection programs with their franchise haulers to aid in the efforts of Environmental Sustainability and Rossi Transport Service Greenwaste Templeton has been successfully composting organic material since 1995; and NOW, THEREFORE, the City of Atascadero in recognition of the efforts of the composting Councils, householders, landscapers,farmers, recyclers, public workers,composters, gardeners, and plant growers everywhere, hereby proclaim the week of April 27 to May 3, 2003 as: "COMPOSTAWARENESS WEEK" WITNESS THE OFFICIAL SEAL OF THE CITY OFATASCADERO: • erry L. ay,Sr. ity of t scadero, Califor is April 22, 2003 004 ITEM NUMBER: A-1 DATE: 04/22/2003 na oil 1 0 if-,r9CITY OFATASCADERO CITY COUNCIL DRAFT MINUTES TUESDAY, March 25, 2003 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. COUNCIL CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) iCouncil Member O'Malley announced that he would be stepping down on Item #2 a) 1., due to a financial interest. 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a) Conference with legal counsel - Existing.litigation (Govt. Code Sec. 54956.9 (a)) 1. Environmental Center of SLO v. City of Atascadero 2. Creekside Associates v. City of Atascadero b) Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: APN #028-092-009, #056-322-010, and #056-322-011. Negotiations will include price and/or terms of payment. 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced there was no reportable action taken. CC 03/25/03 �- Page 1 U ITEM NUMBER: A -1 DATE: 04/22/2003 REGULAR SESSION: 7:00 P.M. Mayor Clay called the meeting to order at 7:00 p.m. Council Member Scalise • introduced Boy Scout Chase Wagstaff who led the Pledge of Allegiance. ROLL CALL: Present: Council Members Pacas, O'Malley, Scalise, Luna and Mayor Clay Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Planning Services Manager Steve McHarris, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. COMMUNITY FORUM: Pastor Tom Gaddis led the attendees in a prayer. ad the second art of a three-part series of letters he has written to • Raymond Jansen, re p p the editor of the Atascadero News. Leon Korba, Santa Ana Road, reminded the Council that he had requested information on the issue of placing the election of Mayor on the next ballot. Barbie Butz, 3370 San Fernando Road, representative of the.Atascadero Youth Task Force, explained what they offer and what their highest priorities are. She distributed to the Council their Executive Summary and Priorities for 2003. (Exhibit A) Jerry Bunin, Home Builders Association and representative of Celebration for Community Housing, invited the Council to a housing tour and explained they want to show there can be nicely designed, higher density projects within the City that would create more affordable housing. He distributed information regarding housing. (Exhibit B) Eric Greening, 7365 Valle, expressed his opinion that density alone is not the whole picture of smart growth. He felt density must be achieved in such a way that surrounding open space is preserved rather than providing a new nucleus for surrounding sprawl, and that serious steps must be taken toward modal shift in transportation. Mayor Clay closed the Community Forum period. CC 03/25/03 Page 2 E10 6 ITEM NUMBER: A- 1 DATE: 04/22/2003 • APPROVAL OF AGENDA: Council Member Pacas requested a change in the Public Hearings reversing their order. MOTION: By Mayor Pro Tem Luna and seconded by Council Member O'Malley to approve the agenda as amended. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring April 2003 "Month of the Child" Council Member Pacas read the proclamation and Mayor Clay presented it to Susan Riojas of Head Start. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Pro Tem Luna asked for clarification concerning a property on Traffic Way zoned for public recreation and questioned the Planning Commissions' recent approval of a Conditional Use Permit for two membership organization facilities and 1.4 acre public park. Community Development Director Warren Frace explained the project and its conformance with the new General Plan designation for the site. The City Attorney explained that there is no inconsistency in the intended use and the General Plan designation, which included this type of use. He stated that Council does have the authority to interpret the meaning of the General Plan and can have this brought back for further discussion. Council Member Luna asked for consensus to put this issue on a future Council agenda. There was not Council consensus. Mayor Clay spoke about the community barbeque last Sunday at Camp Roberts for the troops. Council Member O'Malley asked the Council to agree to have staff come back to the Council with a report on the possibility of Atascadero becoming a Charter City. There was Council consensus to have staff place the issue of a City Charter on a future agenda. Mayor Clay stated the Hill family would like to have their code enforcement case placed on a future Council agenda. There was not Council consensus. 1. Participation as an Amicus Supporter of the Petition to the U.S. Supreme Court Seeking to Overturn Rubin v. Burbank Concerning Invocations at City Council Meetings — Discussion and Direction • Item comes before City Council.at its own direction for discussion, without specific recommendation either for or against the policy. CC 03/25/03 ; 7 } Page 3 V 6 ITEM NUMBER: A-1 DATE: 04/22/2003 City Attorney Roy Hanley gave the staff report and answered questions of Council. • Council Member Luna expressed his opinion against having prayer at Council meetings by reading the Seventh Day Adventist's Declaration of Principles concerning religious liberty. (Exhibit C) PUBLIC COMMENT Becca Carsel, 7370 Valle Avenue, stated that as a Jewish resident of Atascadero she is appalled that the Council would begin their meetings with Christian prayer. She feels this is not a local rights issue, but rather a church versus state issue and feels this is alienating to those who do not believe that a prayer should be in the name of Jesus. Marie Gaines stated that the court case prohibits only sectarian prayer in City Council meetings, and does prohibit prayer or an invocation. Eric Greening agreed with previous speakers and feels it is not a public service to join in this case. He stated his concern that having an official prayer opening to a meeting would divide the community by excluding some members of the community. Curtis Clark, local attorney, reviewed the court's decision and expressed his support for the proposal of the City Attorney. Joyce Zimmerman, 6225 Lomitas Road, stated she is an advocate for the separation of church and state. (Exhibit D) Leon Korba, Santa Ana Road, discouraged the Council from participating as a friend of the court in Rubin v. Burbank. (Exhibit E) Don Hughes, 7005 Lomitas Road, referred to several religious organizations and their stands on separation of church and state. David Broadwater, 6604 Portola Road, told the Council they should not participate in the friend of the court brief. He felt if the Council does not want sectarian prayer there is no reason to participate in the brief. Bill Bright, 11875 Santa Lucia, stated he agrees with the previous speakers and urged the Council to keep church and state separate. Joan O'Keefe, 9985 Old Morro Road East, stated she agrees with the previous speakers and expressed her opposition to prayer at Council meetings. She urged the Council to decline participation in the friend of the court brief. Curtis Clark gave some background on the individual who brought the initial lawsuit against the City of Burbank and his attorney. David Broadwater, referringto the previous speaker, felt it was inappropriate to use • p p character assassination as an argument in favor of joining the brief. CC 03/25/03 Page 4 U v ITEM NUMBER: A- 1 DATE: 04/22/2003 • Leon Korba made a distinction between the individual who brought the initial suit and the issues involved. Eric Greening stated that the,issue of individual rights is very important in this setting, as there are those who attend Council meetings who may not want to participate in a sectarian presentation. Bill Bright indicated that for him the issue is sectarian prayer, and he would be happy to listen to a non-sectarian City sponsored invocation. Mayor Clay closed the Public Comment period. Mr. Hanley clarified some specific points concerning this issue. There was Council discussion on this issue. MOTION: By Council Member Scalise and seconded by Mayor Clay to have the City of Atascadero join with the rest of the cities that are going to participate in the declaration of support. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) 2. EI Pomar / Estrella Area Plan Update — San Luis Obispo County Supervisor Mike Ryan Supervisor Mike Ryan gave a presentation and answered questions of Council concerning the EI Pomar/ Estrella Area Plan update. PUBLIC COMMENT Eric Greening, member of the EI Pomar / Estrella Area Plan Update Committee commented on the following issues: 1) fees owed, 2) lack of parkland in the planning area and after the rezoning, no recreation zoned land, and 3) HCD numbers. He expressed concern about the actual outcome during the lifetime of the plan because of the way the state is now involved. Supervisor Ryan responded to several issues raised by Mr. Greening. Mayor Clay closed the Public Comment period. A. CONSENT CALENDAR: 1. City Council Minutes — March 11, 2003 • City Clerk recommendation: City.Council approve the City Council minutes of March 11, 2003. [City Clerk] CC 03/25/03 Page 5 U 0 9 ITEM NUMBER: A - 1 DATE: 04/22/2003 2. February Disbursements — February 2003 Accounts Payable & • Payroll ■ Fiscal impact: $1,514,205.46. ■ Staff recommendation: City Council approve certified City accounts payable, payroll and payroll vendor checks for February 2003. [Administrative Services] 3. Award Contract for Breathing Air Machine ■ Fiscal impact: $44,743.78 (in FY 2002-2003 budget) ■ Staff recommendation: Council award contract to Bauer Compressors for the purchase of a Breathing Air Machine at a cost of$44,743.78, and authorize the City Manager to execute the appropriate agreement. [Fire Department] 4. 2002-2003 Annual Overlay Program — R. Burke Construction ■ Fiscal impact: $1,282,200 (in FY 2002-2003 budget) ■ Staff recommendation: Council: 1. Accept R. Burke Construction, Inc.'s work as complete. 2. Authorize the City Manager to sign and file the Notice of Completion. [Public Works] 5. Santa Ysabel Avenue Rehabilitation'Proiect— Bid No. 2002-01 ■ Fiscal impact: $260,000.00 (appropriated from the Local Transportation Fund) ■ Staff recommendations: Council: 1. Authorize the Director of Administrative Services to appropriate an additional $260,000 from the Local Transportation Fund for this project. 2. Authorize the City Manager to sign change orders up to $190,000.00 with Souza Construction, Inc. [Public Works] 6. Final Map 2002-0048 (Parcel Map AT 02-0253) 3300 Traffic Way - (TPM 2002-0030) - (Johnson/Dotson) ■ Fiscal impact: None. ■ Staff recommendation: Council accept Final Parcel Map 2002-0048 (Parcel Map AT 02-0253) [Public Works] Item #A-5: Council Member Luna asked if there were a method by which the City could be reimbursed by the utility companies for their failure to comply with good engineering practices. City Attorney Roy Hanley stated he would look at this issue and get back to Council with an off-agenda analysis of the potential. MOTION: By Mayor Pro Tem Luna and seconded by Council Member Scalise to approve Items #A-1 through 6. Motion passed 5:0 by a roll-call vote. (Pacas abstain on #A-6) (Item #A-3 Contract No. 2003-007) Council Member Pacas stated that she had abstained from Item #A-6 to avoid the appearance of impropriety. Mayor Clay recessed the hearing at 9:18 p.m. Mayor Clay called the meeting back to order at 9:27 p.m. is CC 03/25/03 Page 6 . ITEM NUMBER: A- 1 DATE: 04/22/2003 • B. PUBLIC HEARINGS: 1. General Plan Amendment 2003-0003, Zone Change 2003-0038 Conversion of existing 1,925 square foot building from office use �o single-family residence (7905 Curbaril Avenue / Black) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ■ Staff recommendation: 1. Adopt Resolution A certifying Negative Declaration 2003-0005; and, 2. Adopt Resolution B approving General Plan Amendment 2003-0003 based on findings; and, 3. Introduce for first reading, by title only, Ordinance A approving Zone Change 2003-0038 based on findings. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council. Bruce Black, applicant, stated he supported staffs recommendations, however, regarding removal of one-half of the blacktop on the property, he felt it would be helpful to his landscaping plans to leave it as is. PUBLIC COMMENT - None • Mayor Clay stated he did not agree with the condition for removal of the-blacktop. He Y Y 9 p felt at some point there would be other units there and it is unnecessary for the applicant to be required to remove the blacktop from the back of the house. MOTION: By Council Member Scalise and seconded by Council Member O'Malley to adopt Resolution A certifying Negative declaration 2003-0005. Motion passed 4:1 by a roll-call vote. (Mayor Clay opposed) (Resolution No. 20003-017) MOTION: By Council Member Scalise and seconded by Council Member O'Malley to Adopt Resolution B approving General Plan Amendment 2003-0003 based on findings. Motion passed 4:1 by a roll-call vote. (Mayor Clay opposed) (Resolution No. 2003-018) MOTION: By Council Member Scalise and seconded by Council Member O'Malley to introduce for first reading, by title only, Ordinance A approving Zone Change 2003-0038 based on findings. Motion passed 4:1 by a roll-call vote. (Mayor Clay opposed) • CC 03/25/03 Page 7 ITEM NUMBER: A- 1 DATE: 04/22/2003 2. General Plan Amendment 2003-0004, Zone Chanqe 2003-0033 — Road • Abandonment 2002-0011; Zone Change 2002-0032; Master Plan of Development (CUP 2002-0074); Tentative Tract Map 2002-0021; The Villas at Montecito — 28-unit Multi-Family Planned Development & 6,400 SF Office Building (9500 Las Lomas Ave / Hendrix) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, multi-family dwellings and office use require services that exceed the revenue generated by the proposed uses. ■ Planning Commission recommendation: 1. Adopt Resolution A, certifying Mitigated Negative Declaration 2002-0038; and, 2. Adopt Resolution B, approving General Plan Amendment 2003-0024 based on findings; and, 3. Introduce for first reading only Ordinance A, establishing Planned Development #18 (Zone Change 2003-0033) based on findings; and, 4. Adopt Resolution C, approving Road Abandonment 2002-0011 based on findings; and, 5. Introduce for first reading only Ordinance B, approving Zone Change 2002-0032 based on findings; and, 6. Adopt Resolution D, approving the Master Plan of Development (CUP 2002- 0074) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 7. Adopt Resolution E, approving Vesting Tentative Tract Map 2002-0021, based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council. • Rex Hendrix, applicant, submitted a letter from Dr. Schechter stating that all animals are kept indoors and they create no noise. He also asked that the requirement of pavers be removed. Mr. Hendrix also questioned the condition of deed restricting 2 homes as affordable. In answer to a question by Mayor Clay, Mr. Hendrix stated that he had no problem with designating a portion of the houses as workforce housing. (Exhibit F) PUBLIC COMMENT Kim Malone, 9275 Pino Solo, listed her concerns with the proposed project, especially the entrance into the site. Gail Gresham stated she thinks this project is beautiful but she expressed her concern with the increased traffic and safety. Larry Bell, 9025 Pino Solo, stated that he hoped the Council has had a chance to review the letter he sent in last week. He expressed his concern with the location of the entrance of the project. Bob Tomaszensky, applicant's representative, explained the location of the entrance was chosen based on topography and to avoid the removal of trees. Mayor Clay closed the Public Comment period. • CC 03/25/03 Page 8 U�, 2 ITEM NUMBER: A- 1 DATE: 04/22/2003 There was Council discussion regarding issues raised by the applicant and public. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept the Planning Commission recommendations to: 1. Adopt Resolution A, certifying Mitigated Negative Declaration 2002-0038; and 2. Adopt Resolution B, approving General Plan Amendment 2003-0024 based on findings; and, 3. Introduce for first reading by title only Ordinance A, establishing Planned Development#18 (Zone Change 2003- 0033) based on findings; and, 4. Adopt Resolution C, approving Road Abandonment 2002- 0011 0020011 based on findings; and, 5. Introduce for first reading by title only Ordinance B, approving Zone Change 2002-0032 based on findings; and, 6. Adopt Resolution D, approving the Master Plan of Development (CUP 2002-0074) based on findings and subject to Conditions of Approval and Mitigation Monitoring dropping Condition of Approval #9 and amending Condition of Approval #16 specifying 15 years for the deed restricted period, and inserting a condition for workforce housing as appropriate; and, 7. Adopt Resolution E, approving Vesting Tentative Tract Map 2002-0021, based on findings and subject to Conditions of Approval and Mitigation Monitoring dropping Condition of Approval #9 and amending Condition of Approval #16 specifying 15 years for the deed restricted period, and inserting a condition for workforce housing as appropriate. Motion passed 4:1 by a roll-call vote. (Pacas opposed) (Resolution Nos. 2003-012, 2003-013, 2003-014, 2003-015, 2003- 016) Council Member Pacas explained that she voted in opposition because at the last Council meeting a precedent was set to ask for 20% affordable or middle class housing and she does not see that percentage with this project, which is high-density housing. Mayor Clay recessed the hearing at 10:45 p.m. Mayor Clay called the meeting back to order at 10:55 p.m. MOTION: By Mayor Pro Tem Luna and seconded by Council Member O'Malley to continue the meeting past 11:00 p.m. Motion passed 3:2 by a roll-call vote. (Pacas and Scalise opposed) CC 03/25/03 Page 9 ITEM NUMBER: A- 1 DATE: 04/22/2003 3. Mixed Use Code Text Amendment—Zone Change 2003-0042 • ■ Fiscal impact: None directly associated with amending the Zoning Code. ■ Planning Commission recommendation: City Council adopt draft Ordinance A, adopting the proposed mixed-use code text amendments to the Zoning Ordinance. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions of Council. There was Council discussion and recommendations for this proposed text amendment. PUBLIC COMMENT Larry Thibeault, 7400 Balboa, stated his concerns with the proposed text amendment. He also distributed his concerns in detail to the Council in a written submission. (Exhibit G) Ursula Luna, resident of Atascadero, expressed her concerns with widespread construction of 3-story buildings and feels the use of such buildings should start in the downtown and move out slowly from there. Mayor Clay closed the Public Comment period. There was Council consensus to send this item back to staff with Council's • suggested amendments. C. ATTORNEY REPORTS: 8. Urgency Ordinance — Definition of Auto Dealer — Introduction of Permanent Ordinance to Same Effect ■ City Attorney recommendation: City Council: 1. Adopt, by a 4/5 vote, draft Urgency Ordinance amending the definition of "auto dealer' in the Atascadero Municipal Code. 2. Introduce for first reading, by title only, draft Ordinance amending the definition of "auto dealer" in the Atascadero Municipal Code. [City Attorney] City Attorney Roy Hanley gave the staff report. PUBLIC COMMENT— None MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to adopt draft Urgency Ordinance amending the definition of "auto dealer" in the Atascadero Municipal Code, and introduce for first reading, by title only, draft Ordinance amending the definition of "auto dealer" in the Atascadero Municipal Code. • Motion passed 5:0 by a roll-call vote. CC 03/25/03 Page 10 U ITEM NUMBER: A- 1 DATE: 04/22/2003 • D. COMMITTEE & LIAISON REPORTS: Council Member Scalise 1. Local Agency Formation Commissions (LAFCO): Beginning the Nipomo area sphere of influence study. 2. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA): Working vigorously to suspend the regional housing needs allocation process. D. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Clay referred to the discussion on affordable housing and asked about what will be coming forward on this item in the future. City Manager McKinney and City Attorney Hanley addressed this issue. There was Council discussion about how to proceed on projects already in the pipeline and work toward an inclusionary housing ordinance. The Mayor directed staff to come up with a strategy on how to handle both current projects and the zone change amendments that are necessary to implement the neik,,, General Plan. City Clerk Three applications have been received for the Parks and Recreation Commission. At • the April 8th meeting the appointments will be announced and Council will then vote on the appointments. E. ADJOURNMENT: Mayor Clay adjourned the meeting at 12:10 a.m. to the next regularly scheduled meeting on April 8, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A— Barbie Butz, Atascadero Youth Task Force Executive Summary and Priorities for 2003. Exhibit B — Jerry Bunin, Home Builders Association, information regarding housing. Exhibit C - Mayor Pro Tem Luna, PowerPoint document Exhibit D — Joyce Zimmerman, prepared statement Exhibit E — Leon Korba, prepared statement Exhibit F — Rex Hendrix, letter from Dr. Schechter Exhibit G — Larry Thibeault, list of objections CC 03/25/03 Page 11 ITEM NUMBER: A-2 DATE: 04/22/2003 Big Nim �e CITY OF A TASCADERO CITY COUNCIL DRAFT MINUTES TUESDAY, April 8, 2003 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. COUNCIL CLOSED SESSION: Mayor Clay announced that Closed Session Item #2-a has been cancelled. 1. PUBLIC COMMENT - CLOSED SESSION Item #2-c: Marge Mackey, asked the Council to require a plan for the future of the Printery before turning it over to anyone else. Steve LaSalle stated he was excited when the City acquired the Printery and asked that the Council look at all options available to them. Thomas Lewis expressed his concerns for the future of the Printery. He urged the Council to remember the City Council Resolution from 1996 that created the E.G. Lewis Civic Center and includes the Printery. He urged the Council to protect the Printery. Jonelle Norton, speaking on behalf of Atascadero Main Street, reminded the Council of the historical significance of the Printery. Eric Greening, listed those historical opportunities that are now lost to the City. He urged Council to preserve the Printery so it would not become a lost opportunity for the future. Raymond Jansen, 6655 Country Club Drive, shared with the Council how a small town in Wales raised money. • CC 04/08/03 Page 1 - 6 Thomas Lewis continued his remarks referring to a packet he distributed to Council. He asked Council to require the Masons submit a notarized letter enabling the Printery to • be listed on the National Registry of Historic Places. (Exhibit A) Lon Allan, President of the Atascadero Historical Society, stated he has written several letters to the Council concerning the Printery. He explained that the Board of Directors reaffirmed its position that the Printery either: a) remain in City control, b) have tight controls on it when given back to the Masons, or c) that the grounds cannot be overly developed. He turned in a petition requesting that the Printery remain a public building within the E.G. Lewis Civic Center. (Exhibit B) Mayor Clay closed the Public Comment period. He announced that the Council would go into Closed Session after the Council meeting. REGULAR SESSION: Mayor Clay called the meeting to order at 7:18 p.m. and Council Member O'Malley led the Pledge of Allegiance. ROLL CALL: Present: Council Members O'Malley, Pacas, Scalise, Luna and Mayor Clay Absent: None Others Present: City Clerk Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Public Works Director Steve Kahn, Community Development Director Warren Frace, Information Technology Director Andrew Fruin, Deputy Community Services Director Geoff English, Police Chief Dennis Hegwood, Fire Chief Kurt Stone and City Attorney Roy Hanley. COMMUNITY FORUM: Steve Shivley, Senior Pastor at Calvary Chapel led the attendees in prayer. Mayor Clay closed the Community Forum period. • CC 04/08/03 Page 2 017 • APPROVAL OF AGENDA: Council Member O'Malley suggested moving Item #D ahead of Item #C. MOTION: By Council Member O'Malley and seconded by Mayou Pio Temn Luna to approve the agenda as amended. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Recognition of outgoing Parks and Recreation Commissioners Assistant City Manager Brady Cherry recognized outgoing Commissioners Paul Hood and Pat Dempsey who were present and Frank Kock who was not. COUNCIL ANNOUNCEMENTS AND REPORTS: 1. Parks and Recreation Commission Appointments ■ City Clerk Recommendation: Council Members Scalise and Pacas each appoint a Parks & Recreation Commissioner, and the City Council approve the appointments. [City Clerk] is Council Member Scalise nominated Dean Coker to the position of Parks & Recreation Commissioner. Council Member Pacas nominated Jay Sechrist to the position of Parks & Recreation Commissioner. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept the nominations. Motion passed 5:0 by a roll-call vote. A. CONSENT CALENDAR: 1 Zone Change 2000-0008 -6340 Alcantara Ave. (Russel l/Sholders) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the dwelling. ■ Staff recommendation: Council adopt on second reading, by title only, the draft Ordinance enacting Zone Change 2000-0008 adding a PD-7 zoning overlay to an RMF-10 site. [Community Development] CC 04/08/03 Page 3 erg 2. Final Map 2003-0050 (Parcel Map AT 03-0065) 8005 EI Camino Real - (TTM 2002-0025) - (Walgreen's) • ■ Fiscal impact: None. ■ Staff recommendation: Council: 1. Accept Final Parcel Map 2003-0050 (Parcel Map AT 03-0065); and 2. "Accept offer of dedication for Street Purposes; and, 3. Reject offers of dedication for Pedestrian Purposes without prejudice to future acceptance. [Public Works] 3. Request to Install a Memorial Bench at Atascadero Lake Park - Byles • Fiscal impact: None. ■ Staff recommendation: Council approve a request by Mrs. Dorothy Byles to install a Memorial Bench to memorialize her husband, H. Douglas Byles, at Atascadero Lake Park. [Community Services] 4. Request to Install a Memorial Bench at Atascadero Lake Park- Comar ■ Fiscal impact: None. • Staff recommendation: Council approve a request by Mrs. Louise E. Comar to install a Memorial Bench to memorialize her mother, Mrs. Mildred Comar, at Atascadero Lake Park. [Community Services] 5. Request to Plant a Memorial Tree at Atascadero Lake Park ■ Fiscal impact: None. ■ Staff recommendation: Council approve a request by Mr. Donald Jernigan to plant a Memorial Tree to memorialize John and Ann Capela at Atascadero Lake Park. [Community Services] i MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to approve Items #A-1 through 5. Motion passed 5:0 by a roll-call vote. (item #A-1, Ordinance No. 414) B. MANAGEMENT REPORTS: 1. Proposed Purchase of Property at Entrance to Stadium Park ■ Fiscal impact: $50,000 from the Tree Mitigation Fund ■ Staff recommendation: Council: 1. Appropriate $50,000 from the Tree Fund to be used to purchase the property currently owned by Mrs. Nellie Kennedy at the entrance to Stadium Park; and 2. Authorize the Administrative Services Director to make the necessary budget adjustments; and, 3. Authorize the City Manager to execute agreements to implement the purchase with the Atascadero Land Preservation Society. [City Manager] City Manager Wade McKinney gave the staff report and answered questions of Council. PUBLIC COMMENT Eric Greening, 7365 Valle Avenue, stated hp.is in favor of this purchase as it is a key to • the integrity of Stadium Park. CC 04/08/03 Page 4 U 19 • Rick Mathews, President of Atascadero Native Tree Association (ANTA), stated ANTA supports using the Tree Fund money for this purchase in a prepared statement. (Exhibie C) Bruce Boniface, Board Member of Atascadero Land Preservation Society (ALPS), asked if the City would be willing to be listed as the Lead Agency so they can apply for various grants. Ellen Beraud, 9608 Laurel Road, Board Member of ALPS, urged the Council to support ALPS grant, and felt this site is an important part of their vision as an attraction/destination point for their pathway system. Joanne Main, 8940 San Gabriel Road, stated she supports this purchase, as it will insure access to Stadium Park in the future. Jim Patterson, 9312 N. Santa Margarita Road, Board Member of ANTA, urged the Council to approve this purchase. Dug Chisholm, President of ALPS, felt this was a tremendous opportunity for the City of Atascadero and would serve as a bridge for competing factions within the City. He urged Council to approve directing funds from tree mitigation toward the purchase of this property. Geraldine Brasher, board member of ALPS, explained to Council that all of ALPS board members and members of the Atascadero Historical Society are pledging funds to this project. Mayor Clay closed the Public Comment period. Mayor Clay expressed his concerns about Stadium Park and feels there should be a stage area, restroom area, changing rooms, power, water, etc. He would like to see these put into place as soon as possible to enhance the utilization of the park. There was discussion regarding the City of Atascadero becoming the lead agency to assist the non-profit agency with the procurement of grants as well as potential future constraints that might prohibit the current intentions for Stadium Park. Mayor Clay reopened the Public Comment period. Dug Chisholm addressed some of the issues raised by Council: 1) no formal appraisal has been done on this property, 2) if the property is not purchased now the lot will be developed by another party who has a second offer in place, 3) their proposal is not dependant on any grants to be obtained, and 4) Stadium Park lends itself to the mixed use of open space and recreation and it is assumed that most of the area will be maintained in as natural state as possible. • Dave Hill, 9990 Santa Ana, asked if there was historical knowledge on the reason that Stadium Park ceased to be a performance venue. CC 04/08/03 Page 5 020 Eric Greening explained that Stadium Park was caught up in the bankruptcy when a lot • of public property in Atascadero was lost; it was recovered with the help of grants. He stated that the Kennedy property was not proposed to be part of the activities in the bowl, but rather to be open space and entrance. Mayor Clay closed the Public Comment period. MOTION: By Council Member O'Malley and seconded by Mayor Clay to 1) appropriate $50,000 from the Tree Fund to be used to purchase the property currently owned by Mrs. Nellie Kennedy at the entrance to Stadium Park, and 2) authorize the Administrative Services Director to make the necessary budget adjustments, and 3) authorize the City Manager to execute agreements to implement the purchase with the Atascadero Land Preservation Society, and 4) that the City of Atascadero become the lead agency in this activity, and 5) the Geunnil endize at a future GounGil meeting-, �r� vvurrvr�e�gzrrwr=�cr�w--ra��ccrr�vv�rrarr--rrr�c �, d6sr.uss"en on future publiG use of Stadium Park as histeriGally There was Council discussion regarding item five in the Motion. • MOTION: By Mayor Pro Tem Luna and seconded by Council Member Pacas to approve the previous motion with the exception of #5. Motion passed 5:0 by a roll-call vote. (Contract No. 2003-011) C. JOINT REDEVELOPMENT AGENCY/ CITY COUNCIL PUBLIC HEARING: Chairperson Scalise reconvened the Redevelopment Agency hearing. 1. Redevelopment Plan Amendment ■ Fiscal impact: None. Staff recommendation: Council: 1. City Council and Redevelopment Agency conduct a joint public hearing; and, 2. City Council introduce for first reading by title only, the draft Ordinance approving Redevelopment Plan amendments. [City Manager] Deputy Executive Director John Jansons gave the staff report and answered questions of the City Council and the Redevelopment Agency. PUBLIC COMMENT — None • CC 04/08/03 n Page 6 t • MOTION: By Council Member O'Malley and seconded by Mayor Ceay to introduce for first reading by title only the draft Ordinance approving Redevelopment Plan amendments. Motion passed 5:0 by a roll-call vote. Mayor Clay recessed the hearing at 8:12 p.m, Mayor Clay called the meeting back to order at 8:24 p.m. D. PUBLIC HEARINGS: 1. Cost Allocation Plan and Fee Study - Adoption of Cost Recovery Standards and Fee Schedules ■ Fiscal impact: Potential for increased revenue. Actual revenue increases are dependent on fees adopted. ■ Staff recommendation: Council: 1. Introduce for first reading, by title only, draft Ordinance amending the Atascadero Municipal Code by adding Chapter 3.32, establishing a fee and service charge revenue/cost comparison system; and 2. Approve draft Resolution setting cost recovery standards and fees schedules for City services. [City Manager] Assistant City Manager Brady Cherry gave the staff report and introduced Eric Johnson, of Revenue and Cost Specialists, LLC (RCS), to the City Council i Eric Johnson, RCS, explained in detail specific fee listings and answered questions of the Council. PUBLIC COMMENT Wayne Mehring, 1190 Santa Lucia, expressed his concern that a retroactive increase in fees for those waiting for their plans to be approved is unjust and would like this issue addressed as soon as possible. Assistant City Manager Brady Cherry explained that staff is recommending that fees would become effective July 1, 2003, which will provide ample time for the public to be noticed, and it is their intent that those who have submitted their projects under the current fees will not be harmed by the increases. Joanne Main, Atascadero Chamber of Commerce, expressed her concern with the inclusion of the development service fees in tonight's report. She stated she was under the impression that these fees would be considered at the Aril 22, 2003 Council meeting where the Council will be considering the Development Impact fees. She feels there has not been enough time to review the proposed changes. She urged Council to pull Items S-001 through S-068 to be looked at in total with the development impact fees on April 22nd Leslie Halls, SLO County Builders Exchange, expressed her concerns with the recommended changes in a letter read into`the record by Joanne Main, (Exhibit D) CC 04/08/03 Page 7 Dean Coker, explained that the columns of the spreadsheet attached to the staff report • do not line up correctly and has caused confusion to himself and others as to what charge goes with which listing. He asked the Council to continue this item to the April 22nd meeting so they will have a chance to see the proposed information in a corrected spreadsheet. Mayor Clay closed the Public Comment period. Mayor Pro Tem Luna stated that it was time to raise fees. He disagreed with the idea of personal choice raised earlier, and feels it is instead a business decision. He is offended by the notion that Council must lower the fees in order to assure that a developer can have market-based housing and essentially make a greater profit by using a subsidy from the taxpayers who already exist here. He feels the market not the fees will determine the price of housing. Council Member Scalise indicated that now a fee study has been done it is the responsibility of the Council to insure that any increases are truly merited by the actual cost data. She further stated that the rush to raise these fees at this time given the State's budget problems, which will be solved on the backs of cities like Atascadero, is extremely bad timing and defies the logic of staying competitive in the commercial market. She feels fees should be based on a can-prove cost database, and would like to see a study session that would garner input for these fees from all who would be affected. MOTION: By Council Member Scalise and seconded by Council Member O'Malley to pull S-001 through S-068 to further look at it at a time when Council is considering the other development fees, and excluding S-042 through S-046. Council Member Luna addressed the notion of Atascadero remaining competitive 'and stated the idea that lower fees are necessary to invite more competitive building is something that Atascadero suffers from. He does not agree that cheap fees will bring the best commercial/retail or building development to the city. Council Member Scalise stated that she is not asking that fees be cheap, but rather to base it on real fees. Council Member Pacas indicated that the study was done not to improve efficiency, but rather to maintain what is currently in place. For this reason nothing additional or extra is being asked for and if the fees are not approved at 100% the City looses. She further stated that fees have not been raised in 12 years and there is still no affordable housing. Regarding the health and safety issue, it is because of the additional development that additional services are needed. These recommendations are only asking to maintain what we have, and even with the new fees these services will have to be subsidized. Mayor Clay referred to affordable housing/market price and stated that at conferences • he has attended developers have indicated that it is not possible to raise the price of the CC 04/08/03 n Page U�3 • house every time the fees go up, and they would go somewhere else instead. Mayor Clay felt affordability and workforce housing could be addressed by reducing fees when this type of housing comes before Council. Council Member O'Malley stated he was impressed with the report and he has not yet heard an argument that tells him to deviate from the analysis presented. He is concerned about interfering with any market allocation by skewing or subsidizing some set of projects over others. He believes in full cost recovery unless particular items can be looked at where there is a reason to have some sort of subsidy. He will be supportive of the report in the future, but prefers to give the public the opportunity to look at these items related to development over the next two weeks and would like to have some specific examples of where problems lie in this analysis. Council Member Pacas referred to the timeline of July 1, 2003 for implementation, and felt it was fair. She would not like this date to be changed if there is a postponement. MOTION: By Council Member Scalise and seconded by Council Member O'Malley to pull S-001 through S-068 to further look at them on April 22nd when Council is considering the other development fees, excluding S-042 through S-046 and maintaining a target date for implementation of July 1, 2003. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-042 through 5- 046. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-069 through S- 076. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tern Luna to accept staff recommendations on S-077 through S- 087. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-088 through 5- 097. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-098 and S-099. Motion passed 4:1 by,.a roll-call vote. (Pacas opposed) CC 04/08/03 Page 9 MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-100. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations on S-101 through S- 108. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Luna to accept staff recommendations S-109 through remaining items, excluding S-112 through S114 for separate consideration. Motion passed 5:0 by a roll-call vote. Staff will come back with items S-112, 113 and 114. E. COMMITTEE & LIAISON REPORTS: Mayor Clay 1. County Mayor's Round Table: There was discussion about affordable housing and how it is being handled in Atascadero. City/County relations were discussed regarding borders. Council Member.Scalise 1. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA): They are working on ensuring the Lewis Avenue bridge was on track with funding. Council Member O'Malley 1. Finance Committee: Commended Administrative Services Director Rachelle Rickard on her accounting report. 2. Air Pollution Control District (APCD): Had a good strategic planning session. Point was made that one of the biggest problems regionally is that jobs are not located in the same areas as housing. 3. League of California Cities - Grassroots Network: Good meeting in Pismo Beach, Sacramento trip is upcoming. 4. Economic Vitality Corporation, Board of Directors (EVC): Still seeking local businesses to assist. Council Member Pacas 1. City / Schools Committee: There was agreement that both sides would work with each other for the mutual benefit of the city and the schools. The budget situation is difficult, especially for the schools. 2. Atascadero Youth Task Force: There is a meeting on April 22"d concerning the importance of men in children's lives. There will be a children's day in the park in mid May. The Youth Task Force voted to honor Harry Mara and Deana Coppel for their involvement with local youth. F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Scalise alerted Council that there will be recognition of compost week • at the next Council meeting and Bill Worrell°will be in attendance. CC 04/08/03 r' Page 10 11tiJ • City Manager Mr. McKinney stated issues raised at the last meeting regarding planning programs and implementation of the General Plan and special ordinances have been reviewed with the Community Development and Finance Departments and are progressing at this point. Several interns have been hired and a flyer is circulating to hire a one-year . contract planning position. Staff is refocused on affordable and workforce housing issues and there will be a joint study session on these topics with the Council and Planning Commission on May 7t". This may slow down progress on some projects. G. ADJOURNMENT: Mayor Clay adjourned the meeting at 10:00 p.m. to the closed session. COUNCIL CLOSED SESSION: 2. Call to Order a) Conference with legal counsel - Existing litigation (Govt. Code Sec. 54956.9 (a)) 1. Environmental Center of SLO v. City of Atascadero • b) Conference with legal counsel (Govt. Code Sec. 54956.9 c 1. Consideration of initiation of litigation against PG&E c) Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: The Printery, 6361 Olmeda Ave. Negotiations will include price and/or terms of payment. 3. Adjourn 4. CLOSED SESSION REPORT City 'Attorney Roy Hanley announced that the Council decided to pursue litigation against PG&E and to hire the law firm of Best, Best and Krieger. CC 04/08/03 Page 11 MEETING RECORDED AND MINUTES PREPARED BY: • Marcia McClure Torgerson, City Clerk The following Exhibits are available for review in the City Clerk's Office: Exhibit A - Thomas Lewis, information packet re Printery Exhibit B — Lon Allan, petition re Printery Exhibit C — Rick Mathews, prepared statement re Stadium Park Exhibit D - Leslie Halls, prepared statement re fee increases • CC 04/08/03 Page 12 ITEM NUMBER: A _ DATE: n4/92/2003 1918 ■ 1979 CA►DF,�p// ; Staff Report-Administrative Services Department MARCH 2003 ACCOUNTS PAYABLE & PAYROLL RECOMMENDATION Approve certified City accounts payable,payroll and payroll vendor checks for March 2003. DISCUSSION Attached for City Council review and approval are the following: Payroll Dated 3/13/03 Checks# 16575 - 16668 $ 100,882.80 Direct Deposits 80,637.39 Dated 3/27/03 Checks# 16669 - 16760 92,004.47 • Direct Deposits 92,198.88 Accounts Payable Dated March 1-31, 2003 Checks # 88653 - 89044 & EFTs 198-200 753,310.79 TOTAL AMOUNT $ 1,119,034.33 FISCAL IMPACT Total expenditures for all funds is $ 1,119,034.33 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. (2�ao CQ Rachelle Rickard,Administrative Services Director Approved by the City Council at a meeting held April 22,2003. Marcia M.Torgerson, City Clerk • ATTACHMENT: March 2003 Eden Warrant Register in the amount of $ 753,310.79 V City of Atascadero Disbursement Listing For the Month of March 2003 Check Check Number Date Vendor Description Amount 198 3/3/2003 MID-STATE BANK Accounts Payable Check 124.90 199 3/4/2003 MID-STATE BANK Payroll Vendor Payment 30,109.27 88653 3/4/2003 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 67,003.41 88654 3/4/2003 CANADA LIFE ASSURANCE CO Payroll Vendor Payment 769.93 88655 3/4/2003 COLONIAL LIFE&ACCIDENT INS. Payroll Vendor Payment 1,591.83 88656 3/4/2003 CPIC LIFE Payroll Vendor Payment 1,538.80 88657 3/4/2003 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 7,423.56 88658 3/4/2003 EQUITABLE LIFE Payroll Vendor Payment 348.88 88659 3/7/2003 ACTION TOWING Accounts Payable Check 25.00 88660 3/7/2003 ADAMSKI,MOROSKI,MADDEN,&GREEN Accounts Payable Check 100.00 88661 3/7/2003 ADVANCED SEPTIC&SEWER SERVIC Accounts Payable Check 862.50 88662 3/7/2003 KEITH AGGSON Accounts Payable Check 50.00 88663 3/7/2003 ALLIANCE TOWING Accounts Payable Check 70.00 88664 3/7/2003 MIKE ALOI Accounts Payable Check 100.00 88665 3/7/2003 AMERICAN SANITATION Accounts Payable Check 64.35 88666 3/7/2003 AMK FOODSERVICE COMPANY Accounts Payable Check 18' 88667 3/7/2003 PAULA ANTON Accounts Payable Check 78.47 88668 3/7/2003 ARAMARK UNIFORM SERVICES Accounts Payable Check 337.00 88669 3/7/2003 GEORGE ASDEL Accounts Payable Check 52.50 88670 3/7/2003 AT&T Accounts Payable Check 51.61 88671 3/7/2003 ATASCADERO BATTERY EXCHANGE Accounts Payable Check 75.02 88672 3/7/2003 ATASCADERO FORD Accounts Payable Check 1,305.85 88673 3/7/2003 ATASCADERO HAY&FEED Accounts Payable Check 56.79 88674 3/7/2003 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 40.00 88675 3/7/2003 ATASCADERO YOUTH TASK FORCE Accounts Payable Check 137.38 88676 3/7/2003 AVAYA INC. Accounts Payable Check 22.41 88677 3/7/2003 SARAH C.AVERY Accounts Payable Check 110.00 88678 3/7/2003 LISA BARR Accounts Payable Check 25.81 88679 3/7/2003 CATHERINE BEACH Accounts Payable Check 30.00 88680 3/7/2003 CINDY K.BENSON Accounts Payable Check 672.00 88681 3/7/2003 BARBARA BEST Accounts Payable Check 84.00 88682 3/7/2003 BOB KEULEN CONSTRUCTION Accounts Payable Check 862.50 88683 3/7/2003 BRADSHAW CONSULTING SERV.,INC Accounts Payable Check 1,197. 88684 3/7/2003 JEFF BRAZZI Accounts Payable Check 6� 01.9 City of Atascadero Disbursement Listing For the Month of March 2003 Check Check uA9Kmber Date Vendor Description Amount 88685 3/7/2003 GREG BRAZZI Accounts Payable Check 90.00 88686 3/7/2003 CAL-COAST REFRIGERATION,INC Accounts Payable Check 2,156.59 88687 3/7/2003 CELLULAR ONE Accounts Payable Check 961.66 88688 3/7/2003 CHEM CLEAN Accounts Payable Check 1,228.76 88689 3/7/2003 BRADY CHERRY Accounts Payable Check 389.50 88690 3/7/2003 CHEVRON Accounts Payable Check 536.50 88691 3/7/2003 CHEVRON Accounts Payable Check 415.13 88692 3/7/2003 CHICAGO GRADE LANDFILL,INC. Accounts Payable Check 68.35 88693 3/7/2003 JOSEPH CHOUINARD P.E. Accounts Payable Check 3,987.50 88694 3/7/2003 CITY OF PISMO BEACH Accounts Payable Check 100.00 88695 3/7/2003 JERRY L.CLAY Accounts Payable Check 75.00 88696 3/7/2003 VINCE CONDE Accounts Payable Check 85.00 88697 3/7/2003 COUNTRY COPY Accounts Payable Check 48.26 88698 3/7/2003 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 1,000.00 88699 3/7/2003 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 245.00 88700 3/7/2003 COUNTY OF SAN LUIS OBISPO ASSR Accounts Payable Check 535.35 88701 3/7/2003 CRIMINAL JUSTICE ADMIN ASSC Accounts Payable Check 35.00 88702 3/7/2003 CRYSTAL SPRINGS WATER Accounts Payable Check 99.50 88703 3/7/2003 CUESTA COLLEGE Accounts Payable Check 199.19 88706 3/7/2003 DANCRIS TELECOM Accounts Payable Check 380.40 88707 3/7/2003 DARRYL'S LOCK AND SAFE Accounts Payable Check 17.00 88708 3/7/2003 DAN DAVIS Accounts Payable Check 350.00 88709 3/7/2003 DECOU LUMBER COMPANY Accounts Payable Check 371.38 88710 3/7/2003 CHERYL DEJONG Accounts Payable Check 80.00 88711 3/7/2003 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1,339.11 88712 3/7/2003 DRAFTING BY JOE DUHON Accounts Payable Check 245.00 88713 3/7/2003 DURHAM COMMUNICATIONS INC Accounts Payable Check 80.00 88714 3/7/2003 ECONOMIC OPPORTUNITY COMMISSIO Accounts Payable Check 8,805.76 88715 3/7/2003 ED'S FLY MEAT,INC. Accounts Payable Check 40.50 88716 3/7/2003 EL CAMINO CAR WASH LLC Accounts Payable Check 19.00 88717 3/7/2003 ESCUELA DEL RIO Accounts Payable Check 46.80 88718 3/7/2003 EXXON MOBIL Accounts Payable Check 766.45 88719 3/7/2003 JENNIFER FANNING Accounts Payable Check 82.44 88720 3/7/2003 FEDERAL EXPRESS Accounts Payable Check 25.84 88721 3/7/2003 FERRELL'S AUTO REPAIR Accounts Payable Check 114.00 88722 3/7/2003 FGL ENVIRONMENTAL Accounts Payable Check 230.40 Uo City of Atascadero Disbursement Listing For the Month of March 2003 Check Check Number Date Vendor Description Amoun 88723 3/7/2003 FIRE OUT UNIFORM COMPANY Accounts Payable Check 274.11 88724 3/7/2003 FOOD FOR LESS Accounts Payable Check 372.99 88725 3/7/2003 WARREN FRACE Accounts Payable Check 300.00 88726 3/7/2003 FRAZEE INDUSTRIES,INC. Accounts Payable Check 66.28 88727 3/7/2003 KAREN GARMAN Accounts Payable Check 133.00 88728 3/7/2003 GAS COMPANY Accounts Payable Check 3,075.57 88729 3/7/2003 GATEWAY COMPANIES,INC. Accounts Payable Check 6,442.60 88730 3/7/2003 GEM AUTO PARTS Accounts Payable Check 836.41 88731 3/7/2003 GENERAL SERVICES ADMINISTATION Accounts Payable Check 495.10 88732 3/7/2003 MATTHEW A.GIANAS Accounts Payable Check 155.00 88733 3/7/2003 KENNETH GLYNN Accounts Payable Check 220.50 88734 3/7/2003 GRISANTI HARDWARE Accounts Payable Check 207.01 88735 3/7/2003 H.D.PETERSON Accounts Payable Check 2,803.21 88736 3/7/2003 HANSON AGGREGATES MID-PACIFIC Accounts Payable Check 159.60 88737 3/7/2003 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 90.45 88738 3/7/2003 DENNIS HEGWOOD Accounts Payable Check 288.00 88739 3/7/2003 GENE HICKS' Accounts Payable Check 120 88740 3/7/2003 REGIONALD HICKS Accounts Payable Check 7 88741 3/7/2003 INFORMATION TECHNOLOGY Accounts Payable Check 574.25 88742 3/7/2003 INGLIS PET HOTEL Accounts Payable Check 70.79 88743 3/7/2003 INTERNATIONAL FOOTPRINTERS Accounts Payable Check 56.00 88744 3/7/2003 J&S SWEEPING SERVICE Accounts Payable Check 1,879.00 88745 3/7/2003 TOM JAMASON Accounts Payable Check 100.00 88746 3/7/2003 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 430.23 88747 3/7/2003 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 177.83 88748 3/7/2003 STEVEN KAHN Accounts Payable Check 649.80 88749 3/7/2003 LESLYN KEITH Accounts Payable Check 77.00 88750 3/7/2003 KEN'S MOBIL SERVICE Accounts Payable Check 1,943.92 88751 3/7/2003 KPRL 1230 AM Accounts Payable Check 137.50 88752 3/7/2003 L.N.CURTIS&SONS Accounts Payable Check 217.35 88753 3/7/2003 LAIDLAW TRANSIT SERVICES,INC. Accounts Payable Check 14,080.24 88754 3/7/2003 LEE WILSON ELECTRIC CO.INC Accounts Payable Check 1,120.00 88755 3/7/2003 LIEBERT CASSIDY WHITMORE Accounts Payable Check 445.00 88756 3/7/2003 LSA ASSOCIATES,INC. Accounts Payable Check 367.74 88757 3/7/2003 GEORGE W.LUNA Accounts Payable Check 7• City of Atascadero Disbursement Listing For the Month of March 2003 Check Check umber Date Vendor Description Amount 88758 3/7/2003 LYNDON'S AUTOMOTIVE Accounts Payable Check 894.94 88759 3/7/2003 MARK'S PLUMBING&WATER TRMNT Accounts Payable Check 76.50 88760 3/7/2003 MATHIS&ASSOCIATES Accounts Payable Check 8,914.58 88761 3/7/2003 BECKY MAXWELL Accounts Payable Check 52.86 88762 3/7/2003 WADE MCKINNEY Accounts Payable Check 678.20 88763 3/7/2003 MID-COAST MOWER&SAW Accounts Payable Check 100.78 88764 3/7/2003 MINER'S ACE HARDWARE Accounts Payable Check 520.22 88765 3/7/2003 MISSION UNIFORM SERVICE Accounts Payable Check 125.92 88766 3/7/2003 MITY LITE,INC. Accounts Payable Check 1,997.00 88767 3/7/2003 DAVID MONGE Accounts Payable Check 120.00 88768 3/7/2003 JACOB H.MURCH Accounts Payable Check 275.00 88769 3/7/2003 MUSIC FACTORY Accounts Payable Check 160.88 88770 3/7/2003 NAPA VALLEY COLLEGE Accounts Payable Check 20.00 88771 3/7/2003 NATIONWIDE SPORTS PHOTOGRAPHY Accounts Payable Check 1,892.75 88772 3/7/2003 NORTH COUNTY GLASS Accounts Payable Check 203.39 88773 3/7/2003 NORTH COUNTY SEPTIC SERVICE Accounts Payable Check 1,000.00 88774 3/7/2003 TERRY O'FARRELL Accounts Payable Check 90.00 88775 3/7/2003 THOMAS P.O'MALLEY Accounts Payable Check 75.00 88776 3/7/2003 OCEANO SAND CO. Accounts Payable Check 1,125.49 88777 3/7/2003 OFFICEMAX CREDIT PLAN Accounts Payable Check 235.64 88778 3/7/2003 ORCHARD SUPPLY HARDWARE Accounts Payable Check 409.88 88779 3/7/2003 OUTLET TOOL SUPPLY Accounts Payable Check 426.90 88780 3/7/2003 BECKY J.PACAS Accounts Payable Check 75.00 88781 3/7/2003 PACIFIC AUTO GLASS Accounts Payable Check 522.99 88782 . 3/7/2003 PACIFIC BELL Accounts Payable Check 1,377.34 88783 3/7/2003 PACIFIC BELL/WORLDCOM Accounts Payable Check 796.33 88784 3/7/2003 PACIFIC GAS AND ELECTRIC Accounts Payable Check 492.88 88785 3/7/2003 PAPER WORKS Accounts Payable Check 68.36 88786 3/7/2003 ELLEN PERKINS Accounts Payable Check 140.00 88787 3/7/2003 PETE JOHNSTON CHEVROLET Accounts Payable Check 7.96 88788 3/7/2003 POSTAL PRIVILEGE Accounts Payable Check 301.86 88789 3/7/2003 GRACE L.PUCCI Accounts Payable Check 142.50 I 88790 3/7/2003 QUILL CORPORATION Accounts Payable Check 815.65 88791 3/7/2003 RADIO SHACK Accounts Payable Check 231.67 • 88792 3/7/2003 RAINBOW MEALWORMS,INC. Accounts Payable Check 161.16 88793 3/7/2003 RECOGNITION WORKS Accounts Payable Check 21.45 UJB City of Ataseadero Disbursement Listing For the Month of March 2003 Check Check Number Date Vendor Description Amount 88794 3/7/2003 RED'S PLUMBING Accounts Payable Check 90.00 88795 3/7/2003 REID ROOFING Accounts Payable Check 996.06 88796 3/7/2003 RACHELLE RICKARD Accounts Payable Check 300.00 88797 3/7/2003 STEVE ROMO Accounts Payable Check 84.00 88798 3/7/2003 SAN LUIS TRUCK Accounts Payable Check 17.82 88799 3/7/2003 SANTA MARIA TIRE,INC. Accounts Payable Check 1,656.25 88800 3/7/2003 WENDY SCALISE Accounts Payable Check 75.00 88801 3/7/2003 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 217.60 88802 3/7/2003 SHELL OIL COMPANY Accounts Payable Check 236.83 88803 3/7/2003 SLO COUNTY FIRE DEPARTMENT Accounts Payable Check 100.00 88804 3/7/2003 DAVID L.SMAW Accounts Payable Check 60.00 88805 3/7/2003 SOLUTIONS 4 SURE.COM,INC. Accounts Payable Check 345.57 88806 3/7/2003 MICHAEL G.SOUTH Accounts Payable Check 206.41 88807 3/7/2003 SRECO FLEXIBLE Accounts Payable Check 307.81 88808 3/7/2003 STAPLES CREDIT PLAN Accounts Payable Check 563.57 88809 3/7/2003 STATE WATER RES CONTROL BOARD Accounts Payable Check 5,000.00 88810 3/7/2003 GARI STINEBAUGH Accounts Payable Check 180 88811 3/7/2003 KURT W.STONE Accounts Payable Check 5 88812 3/7/2003 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 128.06 88813 3/7/2003 T-N-T PEST CONTROL Accounts Payable Check 88.00 88814 3/7/2003 TED MILES JEEP Accounts Payable Check 37.54 88815 3/7/2003 TEMPLETON,FEED&GRAIN Accounts Payable Check 93.90 88816 3/7/2003 TERRY&PAULSON ENTERPRISE INC Accounts Payable Check 28.71 88817 3/7/2003 THYSSENKRUPP ELEVATOR Accounts Payable Check 216.36 88818 3/7/2003 MARCIA TORGERSON Accounts Payable Check 45.70 88819 3/7/2003 TRIBUNE Accounts Payable Check 1,549.00 88820 3/7/2003 UNION ASPHALT,INC. Accounts Payable Check 298.12 88821 3/7/2003 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 315.46 88822 3/7/2003 TOM VELASQUEZ Accounts Payable Check 34.00 88823 3/7/2003 VERIZON WIRELESS Accounts Payable Check 168.58 88824 3/7/2003 MATT VIERRA Accounts Payable Check 60.00 88825 3/7/2003 VOLAS Accounts Payable Check 239.04 88826 3/7/2003 W.W.GRAINGER,INC. Accounts Payable Check 465.94 88827 3/7/2003 TOM WAY Accounts Payable Check 80.00 88828 3/7/2003 WYRICK'S PLUMBING&REPAIR INC Accounts Payable Check 5,3� City of Ataseadero Disbursement Listing For the Month of March 2003 Check Check umber Date Vendor Description mount 88829 3/7/2003 ZUMAR INDUSTRIES,INC. Accounts Payable Check 169.09 88830 3/11/2003 WASTEWATER TECHNOLOGY TRAINERS Accounts Payable Check 270.00 88831 3/14/2003 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 240.00 88832 3/14/2003 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 88833 3/14/2003 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 376.00 88834 3/14/2003 COUNTY-CITY EMPLOYEES CU Payroll Vendor Payment 625.00 88835 3/14/2003 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 6,611.62 88836 3/14/2003 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 739.35 88837 3/14/2003 HARTFORD LIFE INSURANCE Payroll Vendor Payment 6,194.14 88838 3/14/2003 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 400.00 88839 3/14/2003 KENNEDY CLUB FITNESS Payroll Vendor Payment 79.50 88840 3/14/2003 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 32.31 88841 3/14/2003 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 19,362.41 88842 3/14/2003 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 554.12 88843 3/14/2003 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 33.00 88844 3/14/2003 WASHINGTON MUTUAL BANK Payroll.Vendor Payment 780.90 200 3/18/2003 MID-STATE BANK Payroll Vendor Payment 31,088.81 88845 3/21/2003 ADAMSKI,MOROSKI,MADDEN,&GREEN Accounts Payable Check 340.17 88846 3/21/2003 ADVANCED SEPTIC&SEWER SERVIC Accounts Payable Check 262.50 88847 3/21/2003 KEITH AGGSON Accounts Payable Check 30.00 88848 3/21/2003 ALBERTSONS Accounts Payable Check 21.26 88849 3/21/2003 ALLSTAR FIRE EQUIPMENT,INC. Accounts Payable Check 1,351.35 88850 3/21/2003 MIKE ALOI Accounts Payable Check 150.00 88851 3/21/2003 ARAMARK UNIFORM SERVICES Accounts Payable Check 251.87 88852 3/21/2003 AT&T Accounts Payable Check 29.64 88853 3/21/2003 ATASCADERO FORD Accounts Payable Check 4,344.13 88854 3/21/2003 ATASCADERO HAY&FEED Accounts Payable Check 61.32 88855 3/21/2003 ATASCADERO MAIN STREET Accounts Payable Check 13,750.00 88857 3/21/2003 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 1,882.25 88858 3/21/2003 ATASCADERO NEWS Accounts Payable Check 25.00 88859 3/21/2003 ATASCADERO RADIATOR Accounts Payable Check 213.26 88860 3/21/2003 ATTORNEY SERVICE OF SLO Accounts Payable Check 3,652.51 • 88861 3/21/2003 SARAH C.AVERY Accounts Payable Check 110.00 88862 3/21/2003 BANK OF NEW YORK Accounts Payable Check 2,390.30 City of Atascadero Disbursement Listing For the Month of March 2003 Check Check Number Date Vendor Description Amo 88863 3/21/2003 BATTERY SYSTEMS Accounts Payable Check 74.56 88864 3/21/2003 BEST BEST&KRIEGER LLP Accounts Payable Check 826.00 88865 3/21/2003 GREG BRAZZI Accounts Payable Check 70.00 88866 3/21/2003 BRENDLER JANITORIAL SERVICE Accounts Payable Check 1,000.00 88867 3/21/2003 MARIA BRISGEL Accounts Payable Check 42.90 88868 3/21/2003 DALE A.BYWATER Accounts Payable Check 550.00 88869 3/21/2003 CAD-SCAN CONNECTION Accounts Payable Check 23.18 88870 3/21/2003 CALIFORNIA PARKS&RECREATION Accounts Payable Check 125.00 88871 3/21/2003 CANNON ASSOCIATES Accounts Payable Check 10,187.50 88872 3/21/2003 CASHIERS OFFICE Accounts Payable Check 140.00 88873 3/21/2003 CDW GOVERNMENT,INC. Accounts Payable Check 402.45 88874 3/21/2003 CENTRAL COAST SEA FOOD Accounts Payable Check 178.20 88875 3/21/2003 CHEM CLEAN Accounts Payable Check 402.78 88876 3/21/2003 CHEM-DRY OF NORTH COUNTY Accounts Payable Check 274.00 88877 3/21/2003 CHEVRON Accounts Payable Check 347.46 88878 3/21/2003 CHIEF SUPPLY,INC. Accounts Payable Check 545.07 88879 3/21/2003 JERRY L.CLAY Accounts Payable Check 88880 3/21/2003 CLEAN WATER SYSTEMS,INC. Accounts Payable Check 88881 3/21/2003 COASTAL IMAGING SUPPLIES Accounts Payable Check 246.68 88882 3/21/2003 COASTLINE EQUIPMENT Accounts Payable Check 2,639.87 88883 3/21/2003 VINCE CONDE Accounts Payable Check 102.00 88884 3/21/2003 CONWAY DISTRIBUTORS Accounts Payable Check 219.04 88885 3/21/2003 CIMON CORMIER Accounts Payable Check 153.00 88886 3/21/2003 CRYSTAL SPRINGS WATER Accounts Payable Check 118.00 88887 3/21/2003 DAN BIDDLE PEST CONTROL SERVIC Accounts Payable Check 95.00 88890 3/21/2003 DANCRIS TELECOM Accounts Payable Check 295.75 88891 3/21/2003 DARRYL'S LOCK AND SAFE Accounts Payable Check 15.02 88892 3/21/2003 DAVID M FLEISHMAN Accounts Payable Check 400.00 88893 3/21/2003 KELLY DAVIS Accounts Payable Check 34.20 88894 3/21/2003 DECOU LUMBER COMPANY Accounts Payable Check 428.52 88895 3/21/2003 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 427.50 88896 3/21/2003 ED'S FLY MEAT,INC. Accounts Payable Check 24.50 88897 3/21/2003 EL CAMINO BUILDING SUPPLY Accounts Payable Check 21.24 88898 3/21/2003 EL CAMINO CAR WASH LLC Accounts Payable Check 60.00 88899 3/21/2003 EL CAMINO HOMELESS ORG. Accounts Payable Check 4, 88900 3/21/2003 ELAM WOODS CONSTRUCTION,INC Accounts Payable Check 29 81 .00 Ci'c3 City of Atascadero Disbursement Listing For the Month of March 2003 Check Check umber Date Vendor Description Amount 88901 3/21/2003 FERRELL'S AUTO REPAIR Accounts Payable Check 150.00 88902 3/21/2003 FGL ENVIRONMENTAL Accounts Payable Check 539.30 88903 3/21/2003 FOOD FOR LESS Accounts Payable Check 340.73 88904 3/21/2003 FRAZEE INDUSTRIES,INC. Accounts Payable Check 61.45 88905 3/21/2003 GATEWAY COMPANIES,INC. Accounts Payable Check 2,449.61 88906 3/21/2003 GEM AUTO PARTS Accounts Payable Check 115.72 88907 3/21/2003 MATTHEW A.GIANAS Accounts Payable Check 291.00 88908 3/21/2003 MIKE GIL Accounts Payable Check 105.00 88909 3/21/2003 GLENN'S REPAIR&RENTAL Accounts Payable Check 2,027.01 88910 3/21/2003 GRAINGER Accounts Payable Check 313.75 88911 3/21/2003 GRISANTI HARDWARE Accounts Payable Check 28,66 88912 3/21/2003 H.D.PETERSON Accounts Payable Check 761.07 88913 3/21/2003 JAMES P.HAAS Accounts Payable Check 95.00 88914 3/21/2003 HAMON OVERHEAD DOOR CO Accounts Payable Check 121.29 88915 3/21/2003 HANSON AGGREGATES MID-PACIFIC Accounts Payable Check 304.05 88916 3/21/2003 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 554.37 • 88917 3/21/2003 PATRICE HEDRICK Accounts Payable Check 24.00 88918 3/21/2003 HI STANDARD AUTOMOTIVE Accounts Payable Check 2,281.69 88919 3/21/2003 REGIONALD HICKS Accounts Payable Check 150.00 88920 3/21/2003 HINDERLITER,DE LLAMAS Accounts Payable Check 1,684.95 88921 3/21/2003 HOME DEPOT Accounts Payable Check 2,088.25 88924 3/21/2003 I.M.P.A.C.GOVERNMENT SERVICES Accounts Payable Check 14,864.72 88925 3/21/2003 INFORMATION TECHNOLOGY Accounts Payable Check 477.50 88926 3/21/2003 INGLIS PET HOTEL Accounts Payable Check 216.65 88927 3/21/2003 EVELYN INGRAM Accounts Payable Check 651.70 88928 3/21/2003 INSTALLATIONS BY JIM Accounts Payable Check 35.00 88929 3/21/2003 JAMES C.CUSHMAN,INC. Accounts Payable Check 3,190.00 88930 3/21/2003 JIFFY LUBE#1932 PCJL,INC. Accounts Payable Check 29.62 88931 3/21/2003 K-MART Accounts Payable Check 76.13 88932 3/21/2003 KEN'S MOBIL SERVICE Accounts Payable Check 2,236.49 88933 3/21/2003 KPRL 1230 AM Accounts Payable Check 275.00 88934 3/21/2003 LEONARD J.LA CASTO Accounts Payable Check 102.00 88935 3/21/2003 LAIDLAW TRANSIT SERVICES,INC. Accounts Payable Check 12,198.68 88936 3/21/2003 LYNDON'S AUTOMOTIVE Accounts Payable Check 184.79 • 88937 3/21/2003 ANNETTE MANIER Accounts Payable Check 13.68 X36 City of Atascadero Disbursement Listing For the Month of March 2003 Check Check Number Date Vendor Description Amount 88938 3/21/2003 MARK'S PLUMBING&WATER TRMNT Accounts Payable Check 139.13 88939 3/21/2003 WADE MCKINNEY Accounts Payable Check 210.63 88940 3/21/2003 SETH MEAD Accounts Payable Check 120.00 88941 3/21/2003 MID-COAST FIRE PROTECTION,INC Accounts Payable Check 815.63 88942 3/21/2003 MINER'S ACE HARDWARE Accounts Payable Check 118.07 88943 3/21/2003 MISSION UNIFORM SERVICE Accounts Payable Check 64.53 88944 3/21/2003 MOSS,LEVY,&HARTZHEIM Accounts Payable Check 2,525.00 88945 3/21/2003 DAVID MUEHLHAUSEN Accounts Payable Check 69.19 88946 3/21/2003 JACOB H.MURCH Accounts Payable Check 100.00 88947 3/21/2003 NATIONAL ASSC OF SCHOOL Accounts Payable Check 30.00 88948 3/21/2003 NEWCO DISTRIBUTORS,INC. Accounts Payable Check 482.16 88949 3/21/2003 NORTHERN CAL FPO'S Accounts Payable Check 36.00 88950 3/21/2003 NORTHWEST BUSINESS STAMP Accounts Payable Check 156.77 88951 3/21/2003 TERRY O'FARRELL Accounts Payable Check 20.00 88952 3/21/2003 THOMAS P.O'MALLEY Accounts Payable Check 50.00 88953 3/21/2003 OFFICEMAX CREDIT PLAN Accounts Payable Check 177.81 88954 3/21/2003 OMNI-MEANS,INC. Accounts Payable Check 812. 88955 3/21/2003 OUTLET TOOL SUPPLY Accounts Payable Check 2* 88956 3/21/2003 BECKY J.PACAS Accounts Payable Check 50.00 88957 3/21/2003 PACIFIC BELL Accounts Payable Check 208,28 88964 3/21/2003 PACIFIC BELL/WORLDCOM Accounts Payable Check 2,923.13 88965 3/21/2003 PACIFIC PLUMBING SPECIALTIES Accounts Payable Check 1,056.37 88966 3/21/2003 PERRY'S PARCEL SERVICE Accounts Payable Check 183.10 88967 3/21/2003 TERRY PETERSON Accounts Payable Check 17.00 88968 3/21/2003 PFLUM'S ATASCADERO MUFFLER Accounts Payable Check 60.00 88969 3/21/2003 PLATINUM PLUS FOR BUSINESS1280 Accounts Payable Check 386.50 88970 3/21/2003 POOR RICHARD'S PRESS Accounts Payable Check 1,735.07 88971 3/21/2003 POSITIVE PROMOTIONS Accounts Payable Check 226.71 88972 3/21/2003 PRO MOTION Accounts Payable Check 134.57 88973 3/21/2003 GRACE L.PUCCI Accounts Payable Check 525.00 88974 3/21/2003 QUILL CORPORATION Accounts Payable Check 1,022.12 88975 3/21/2003 R.BURKE CORPORATION Accounts Payable Check 42,408.74 88976 3/21/2003 RADIO SHACK Accounts Payable Check 171.74 88977 3/21/2003 RECOGNITION WORKS Accounts Payable Check 20.59 88978 3/21/2003 RICK BUTLER BUSINESS MACHINES Accounts Payable Check 33 88979 3/21/2003 RACHELLE RICKARD Accounts Payable Check 40. City of Atascadero Disbursement Listing For the Month of March 2003 Check Check tuber Date Vendor Description Amount 88980 3/21/2003 ROBERT F.DRIVER COMPANY,INC Accounts Payable Check 272.00 88981 3/21/2003 STEVE ROMO Accounts Payable Check 115.00 88982 3/21/2003 RUSSCO Accounts Payable Check 211.99 88983 3/21/2003 SAFETY-KLEEN INC. Accounts Payable Check 109.25 88984 3/21/2003 SAN JOAQUIN SUPPLY COMPANY Accounts Payable Check 256.27 88985 3/21/2003 SAN LUIS OBISPO CO OFF.OF EDU Accounts Payable Check 90.00 88986 3/21/2003 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 16,675.31 88987 3/21/2003 SAN LUIS PAINTS Accounts Payable Check 42.23 88988 3/21/2003 SAN LUIS PERSONNEL INC. Accounts Payable Check 2,119.23 88989 3/21/2003 SAN LUIS POWERHOUSE Accounts Payable Check 305.63 88990 3/21/2003 SAN LUIS TRUCK Accounts Payable Check 184.45 88991 3/21/2003 SANTA MARIA TIRE,INC. Accounts Payable Check 854.40 88992 3/21/2003 SAWYER INC. Accounts Payable Check 865.00 88993 3/21/2003 LISETTE SCHOLL Accounts Payable Check 166.60 88994 3/21/2003 SHORES SERVICE Accounts Payable Check 312.24 88995 3/21/2003 JOHN SIEMENS Accounts Payable Check 228.00 • 88996 3/21/2003 SLO COUNTY TAX COLLECTOR Accounts Payable Check 33,784.75 88997 3/21/2003 SLORTA Accounts Payable Check 1,500.00 88998 3/21/2003 SAFETY EQUIPMENT SOLON FIRE CONTROL FIRE Accounts Payable Check 293.50 88999 3/21/2003 SOLUTIONS 4 SURE.COM,INC. Accounts Payable Check 47.68 89000 3/21/2003 SPECIALTY CONSTRUCTION,INC. Accounts Payable Check 150,576.30 89001 3/21/2003 STEVE SCHMIDT TOPSOIL Accounts Payable Check 274.56 89002 3/21/2003 SUNLIGHT JANITORIAL Accounts Payable Check 1,240.00 89003 3/21/2003 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 238.75 89004 3/21/2003 SYLVESTER'S SECURITY ALARMS Accounts Payable Check 11,115.00 89005 3/21/2003 TED MILES JEEP Accounts Payable Check 533.66 89006 3/21/2003 TEMPLETON UNIFORMS Accounts Payable Check 335.48 89007 3/21/2003 TENNESSEE AQUARIUM Accounts Payable Check 65.00 89008 3/21/2003 TESORO CAR WASH Accounts Payable Check 420.00 89009 3/21/2003 THYSSENKRUPP ELEVATOR Accounts Payable Check 216.36 89010 3/21/2003 MARCIA TORGERSON Accounts Payable Check 23.04 89011 3/21/2003 TRIBUNE Accounts Payable Check 695.19 89012 3/21/2003 U.S.POSTMASTER Accounts Payable Check 1,230.60 89013 3/21/2003 UNISOURCE MAINT SUPPLY SYSTEMS Accounts Payable Check 123.87 . 89014 3/21/2003 UNOCAL Accounts Payable Check 2,326.91 City of Atascadero Disbursement Listing For the Month of March 2003 Check Check Number Date Vendor Description Amo 89015 3/21/2003 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 40.53 89016 3/21/2003 TOM VELASQUEZ Accounts Payable Check 68.00 89017 3/21/2003 VERIZON WIRELESS Accounts Payable Check 98.38 89018 3/21/2003 ERIC VITALE Accounts Payable Check 90.00 89019 3/21/2003 VONS Accounts Payable Check 82.75 89020 3/21/2003 NANCY E.WEBBER,PH.D. Accounts Payable Check 290.00 89021 3/21/2003 CATHY WEEKS Accounts Payable Check 199.20 89022 3/21/2003 WESTERN JANITOR SUPPLY Accounts Payable Check 246.16 89023 3/21/2003 WILLIAMS HOUSE OF CARPETS,INC Accounts Payable Check 50.00 89024 3/21/2003 JIM WRIGHT Accounts Payable Check 78.00 89025 3/21/2003 WULFING'S POLYGRAPH SERVICE Accounts Payable Check 150.00 89026 3/26/2003 CALIFORNIA INTERNET CONNECTION Accounts Payable Check 5,120.00 89027 3/26/2003 PLATINUM PLUS FOR BUSINESS 1306 Accounts Payable Check 91.97 89028 3/28/2003 ATASCADERO FIRE DEPT EMP.ASSN Payroll Vendor Payment 240.00 89029 3/28/2003 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 30.00 89030 3/28/2003 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 37* 89031 3/28/2003 COUNTY-CITY EMPLOYEES CU Payroll Vendor Payment 6 89032 3/28/2003 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 6,623.26 89033 3/28/2003 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 736.85 89034 3/28/2003 HARTFORD LIFE INSURANCE Payroll Vendor Payment 6,194.14 89035 3/28/2003 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 400.00 89036 3/28/2003 KENNEDY CLUB FITNESS Payroll Vendor Payment 79.50 89037 3/28/2003 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 32.31 89038 3/28/2003 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 19,343.89 89039 3/28/2003 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 565.90 89040 3/28/2003 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 33.00 89041 3/28/2003 WASHINGTON MUTUAL BANK Payroll Vendor Payment 815.52 89042 3/28/2003 JOHN W.HOUGH Accounts Payable Check 523.83 89043 3/28/2003 SCOTT E.PIPAN Accounts Payable Check 585.20 $ 753,310.79 0 ITEM NUMBER: A-4 DATE: 04/22/2003 ..tilBig a 0 n 1918 1979 Atascadero City Council Staff Report- Administrative Services Department Authorization of Signers to Execute Documents with Financial Institutions RECOMMENDATION: City Council adopt the draft Resolution naming the individual positions authorized to execute documents with Mid-State Bank, investment companies, and other financial institutions. DISCUSSION: • In order to conduct business with Mid-State Bank, investment companies, and other financial institutions, the City must provide a resolution naming individual positions within the City that are authorized signers on the accounts. The current City of Atascadero Resolution #50-95 is outdated. It names four individuals who are no longer with the City as the authorized personnel. The proposed replacement resolution names the City Mayor, City Manager, Assistant City Manager and Administrative Services Director as authorized individuals for the City. FISCAL IMPACT: None. ATTACHMENT: Draft Resolution DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL • OF THE CITY OF ATASCADERO,CALIFORNIA AUTHORIZING SIGNERS TO EXECUTE DOCUMENTS WITH FINANCIAL INSTITUTIONS WHEREAS, the City Council authorized the establishment of accounts with Mid-State Bank,investment companies, and other financial institutions; and WHEREAS, Mid-State Bank, investment companies, and other financial institutions require an authorizing resolution naming individuals to execute documents; NOW,THEREFORE BE IT RESOLVED,by the City Council of the City of Atascadero that individuals holding the following positions are authorized to execute documents for the above stated purposes: City Mayor City Manager Assistant City Manager Administrative Services Director On Motion by Councilmember , and seconded by Councilmember the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: • NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON JERRY L. CLAY, SR. City Clerk Mayor APPROVED AS TO FORM: ROY A. HANLEY City Attorney 641 ITEM NUMBER: A-5 DATE: 04/22/2003 s ■2 i ■ tt • 1915 1 , 1979 Atascadero City Council Staff Report City Manager's Office Redevelopment Plan Amendment RECOMMENDATION: Council adopt on second reading, by title only, the attached draft Ordinance, enacting amendments to Ordinance 362 approving and adopting the Atascadero Redevelopment Project and Redevelopment Plan. DISCUSSION: On March 11, 2003, the Redevelopment Agency approved amendments to the Redevelopment Plan. On April 8, 2003, a joint public hearing was held by the City • Council and the Community Redevelopment Agency to take comment and approve a draft ordinance that amends City of Atascadero Ordinance 362 that approved and adopted the Atascadero Redevelopment Project and Redevelopment Plan. The approved amendments to the Redevelopment Plan include: Section 320.0 Property Acquisition and Management; a majority vote of the Board to shall be required to acquire property. Section 350.4 Property Development by Agency; a two-thirds majority vote of the Board shall be required for Agency properly development. Section 570.4 Loan Agreements between the City and the Agency; shall require a majority vote of the Board. Section 570.5 Issuance of Tax Revenue Bonds; and shall require a majority vote of the Board. Section 640.0 Procedure for Amending the Redevelopment Plan shall require a majority vote of the Board to amend the Redevelopment Plan. Section 700.0 Adoption or amendment to the Five-Year Implementation Plan shall require a majority vote. Section 710.4 Expand the use of Housing Set-Aside funds to include development of new, affordable units. • FISCAL IMPACT: None. ATTACHMENTS: Attachment 1: Draft Ordinance 042 DRAFT ORDINANCE • AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE REDEVELOPMENT PLAN AND ORDINANCE 362 APPROVING AND ADOPTING THE ATASCADERO REDEVELOPMENT PROJECT WHEREAS,the City Council of the City of Atascadero (the "Council')adopted and approved the Atascadero Redevelopment Plan(the Plan")by Ordinance 362 on July 13, 1999; and, WHEREAS,the City Council of the City of Atascadero (the "Council')has received from the Atascadero Redevelopment Agency(the "Agency")the proposed amendment to the Plan for the Atascadero Redevelopment Project(the "Project"), as approved by the Agency, a copy of which is on file at the office of the Agency together with the Report of the Agency to the Council including the reasons for amendment to the Atascadero Redevelopment Plan WHEREAS,the Agency approved amendment of the Plan on Marchi 1, 2003 and has submitted to the Council its report and recommendations for approval of the amended Plan, and that the amended Plan remains in conformance with the General Plan of the City of Atascadero; and, WHEREAS,the Council and the Agency held a joint public hearing commencing on April 8, 2003 on adoption of the amended Plan in the City Council Chambers, Atascadero, • California; and, WHEREAS,a notice of said hearing to amend the Plan was duly and regularly published in the Atascadero News, a local newspaper of general circulation in the City of Atascadero, once a week for three successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency; and, WHEREAS, copies of the notice of joint public hearing to amend the Plan were posted in four permanent public places within the boundaries of the Redevelopment Project Area; and, WHEREAS,copies of the notice of joint public hearing to amend the Plan were mailed by first class mail to the last known address of each assessee of each parcel of land in the Project Area, as shown on the last equalized assessment roll of the County of San Luis Obispo,and to residents and businesses within the Project Area;and, WHEREAS,copies of the notice of the joint public hearing to amend the Plan were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and, 043 • WHEREAS,the proposed amendments to the Plan are "minor in nature and do not require review by the Planning Commission, do not affect the local taxing agencies, are exempt from environmental documentation or study and do not require a re-certification of findings of blight. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the Redevelopment Plan shall be amended as follows: Section 320.0 Property Acquisition and Management; a majority vote of the Board to shall be required to acquire property. Section 350.4 Property Development by Agency; a two-thirds majority vote of the Board shall be required for Agency property development. Section 570.4 Loan Agreements between the City and the Agency; shall require a majority vote of the Board. Section 570.5 Issuance of Tax Revenue Bonds; and shall require a majority vote of the Board. Section 640.0 Procedure for Amending the Redevelopment Plan shall require a majority vote of the Board to amend the Redevelopment Plan. Section 700.0 Adoption or amendment to the Five-Year Implementation Plan shall require a majority vote. Section 710.4 Expand the use of Housing Set-Aside funds to include development of new, affordable units. Section 2. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency whereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plan. Section 3. The City Clerk is hereby directed to record with the Atascadero County Recorder a statement that the Atascadero Redevelopment Plan has been amended. Section 4. The City Clerk is hereby directed to transmit,within thirty days of adoption of the amended Plan, a copy of the description and statement recorded by the Clerk pursuant to Section 4 of this Ordinance,to the Auditor-Controller and Assessor of the County of Atascadero; to the governing body of each of the taxing agencies which receives taxes from property in the Project • Area; and to the State Board of Equalization. 64 Section 5. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance • and to cause the same to be published once in the Atascadero News, a newspaper of general circulation,published and circulated in the City of Atascadero. Section 6. If any part of this Ordinance or the Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Plan, and this Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. Section 7. This Ordinance shall be in full force and effect thirty(30) days after its passage. PASSED AND ADOPTED by the Atascadero City Council this 8th day of April 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Jerry L. Clay, Sr., Mayor ATTEST: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney U4i ITEM NUMBER: A-6 DATE: 04/22/2003 • 1918 � � 791 9 - Atascadero City Council Staff Report - Community Development Department Zone Change 2002-0032 The Villas at Montecito 28-Unit Multi-Family Planned Development #18 and Commercial Retail Zoning for a 6,400 SF Office Building (9500 Las Lomas Avenue / Hendrix) RECOMMENDATION: City Council adopt on second reading, by title only, the attached draft Ordinance, enacting Zone Change 2002-0032 adding the PD-18 overlay to an RMF-16 site, and changing an 8,892 square foot portion of the site from RMF-16 to CR. • DISCUSSION: The proposed project consists of a Zone Change request that would establish a CR (Commercial Retail) zoning district over the proposed office building site. An additional zone text change (ZCH 2003-0033) includes a request to establish a Planned Development #18 overlay zone, and place a PDA 8 overlay zone over the subject'site with a corresponding master plan of development (CUP) that would allow a 28-unit town home development to be constructed on the remaining 2.94-acre site. On March 25, 2003, the City Council conducted a public hearing to consider amendment of the Official Zoning Map of the City of Atascadero. The zone change will amend the Official Zoning Map consistent with the Master Plan of Development for PD- 18. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, residential planned development overlay zones do not require services beyond that which would be permitted within a underlying residential zoning district; however, office- commercial uses require services that exceed the revenue generated by the uses. ATTACHMENTS: Attachment 1: Draft Ordinance B 6 ATTACHMENT 1: Draft Ordinance B • DRAFT ORDINANCE B AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2002-0032 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 030-481-0059 006 RMF-16 (RESIDENTIAL MULTI- FAMILY, 16 UNITS/ACRE) TO RMF-16 / PD-18 (RESIDENTIAL MULTI- FAMILY WITH PLANNED DEVELOPMENT OVERLAY #18), SUBJECT TO A MASTER PLAN OF DEVELOPMENT (9500 Las Lomas Avenue /Hendrix) WHEREAS, an application has been received from Rex Hendrix (PO Box 6062, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of another zone change from RMF-16 (Residential Multi-Family) to RMF-16 / PD-18 (Residential Multi-Family with Planned Development Overlay 918) with the adoption of a Master Plan of Development, and an 30-lot residential tract map, on a 2.94 acre lot located at 9500 Las Lomas Avenue(APN 030-481-005 and 030-481-006); and, WHEREAS,an Initial Study and Draft Mitigated Negative Declaration 2002-0038 were prepared for the project and made available for public review in accordance with the • requirements of the California Environmental Quality Act(CEQA); and, WHEREAS,the site's General Plan Designation is GC (General Commercial); and, WHEREAS,the site's current zoning district is RMF-16 (Residential Multi-Family, 16 units/acre max); and, WHEREAS, General Plan HDR land use designation allows for the creation of multi- family planned development projects with a maximum density of 16 unit per acre and Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established 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 Map 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, • 047 • 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 Public Hearing held on March 3, 2003, studied and considered the Master Plan of Development for Zone Change 2002-0032, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, WHEREAS, the Atascadero City Council, at a Public Hearing held on March 25, 2003, studied and considered Zone Change 2002-0032, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE,the City Council takes the following actions: SECTION 1. Findings for Approval of a Zone Change Creating a PD-18 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 including a 34,885 square foot common parking and open space amenity. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on March 25, 2003 resolved to introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31S`day after its final passage. On motion by Council Member , and seconded by Council Member the foregoing ordinance is hereby adopted following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: By: Jerry L. Clay, Sr., Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • Exhibit A: Zone Change Map ZCH 2002-0032 Existing Zoning: RMF-16 Proposed Zoning: RMF-16/PD-18 9500 Las Lomas Avenue APN 030-481-005,006 `i Official Zoning Map Change APN 030-481-005, 006 'q Existing Zone: RMF-16 Amended Zone: RMF-16/PD-18 f Official Zoning Map Change APN 030-481-005, 006 Existing Zone: RMF-16 g. Amended Zone: CR , �4 • V ITEM NUMBER: A-7 DATE: 04/22/2003 1 oil i ■ i T979 • CADF��// Atascadero City Council Staff Report- Community Development Department Zone Change 2003-0033 The Villas at Montecito 28-Unit Multi-Family Planned Development Establishing Planned Development #18 9500 Las Lomas Avenue / Hendrix RECOMMENDATION: City Council adopt on second reading, by title only, the attached draft Ordinance, enacting Zone Change 2003-0033 establishing a PD-18 zoning overlay district. DISCUSSION: The proposed project consists of a zone text change establishing a Planned Development #18 overlay zone, for the purpose of placing a PD-18 overlay zone over the subject site with a corresponding master plan of development (CUP) that would allow a 28-unit town home development to be constructed on the remaining 2.94 acre site. The site is bounded by EI Camino Real, Principal Avenue, Las Lomas Avenue and Montecito Avenue. On March 25, 2003, the City Council conducted a public hearing to consider a text amendment of the Zoning Ordinance of the City of Atascadero. The text amendment will amend the Zoning Ordinance to add PD-18. FISCAL IMPACT: The project would likely have no negative impact on City revenues. As a general rule, residential planned development overlay.zones do not require services beyond that which would be permitted within an underlying residential zoning district. • ATTACHMENTS: Attachment 1: Draft Ordinance A A a ��l ATTACHMENT 1: Draft Ordinance A • DRAFT ORDINANCE A AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE ZONING CODE TEXT ZCH 2003-0033 TO CREATE PLANNED DEVELOPMENT OVERLAY DISTRICT 18 FOR USE IN THE RMF-16 ZONING DISTRICT FOR PARCELS APN 030-481-005 AND 030-481-006 (9500 Las Lomas Avenue / Hendrix) WHEREAS, an application has been received from Rex Hendrix (PO Box 6062, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF-16 (Residential Multi-Family) to CR (Commercial Retail) on a 8,892 square foot parcel located at 9500 Las Lomas Avenue (APN 030-481-005); and WHEREAS,the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-Family, 16 units/acre maximum); and, WHEREAS, an application has been received from Rex Hendrix (PO Box 6062, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of another zone change from RMF-16 (Residential Multi-Family) to RMF-16 / PD-18 (Residential Multi-Family with Planned Development Overlay #18) with the adoption of a Master Plan of Development, and an 30-lot residential tract map, on a 2.94 acre lot located at 9500 Las Lomas Avenue (APN 030-481-005 and 030-481-006); and, WHEREAS, the site's General Plan Designation is HDR (High Density Residential); and, WHEREAS,the site's current zoning district is RMF-16 (Residential Multi-Family, 16 units/acre maximum); and, WHEREAS, General Plan HDR land use designation allows for the creation of multi- family planned development projects with a maximum density of 16 unit per acre and Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, • U Z) • WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0038 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Map 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 Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on March 25, 2003, studied and considered Zone Change 2003-0033, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW,THEREFORE,the City Council takes the following actions: SECTION 1. Findinlls for Approval of a Zone Change Creating a PD-18 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 Atascadero City Council, in a regular session assembled on March 25, 2003 resolved to introduce for first reading an ordinance that would amend the City Zoning ordinance with the following: 9-3.662 Establishment of Planned Development Overlay Zone No. 18: (PD18). A Planned Development Overlay Zone No. 18 may be established in the RMF-16 multi- family residential zones on parcels APN 030-481-005 and 030-481-006 with a combined net acreage of 2.94 acres. The maximum density within the planned development shall not exceed a gross density of 10.0 units per acre. The following development standards • shall be applied to the Planned Development Zone No. 18: (a) The Master Plan of Development(CUP 2002-0074) 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. (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 two-resident vehicles shall be provided in a garage with minimum interior dimensions of twenty (22) feet by twenty (22) feet. A minimum of one guest parking space of at least nine (9) feet by eighteen(18) feet shall be provided on site for each unit. The driveway area may be used to satisfy the guest parking requirement. On-street parking shall not be used to satisfy the parking requirements. • (g) All frontyards, street facing sideyards, project perimeter, and 2:1 slopes exceeding 5 feet in height shall be landscaped. (h) Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trash cans within the garage or fenced area. (i) All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. 0) Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines. • v�� • SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31" day after its final passage. On motion by Council Member , and seconded by Council Member the foregoing ordinance is hereby adopted following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: By: Jerry L. Clay, Sr., Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • ITEM NUMBER: A-8 DATE: 04/22/2003 1918 19 9 Atascadero Cite Council Staff Report - Community Development Department Zone Change 2003-0038 Conversion of Existing 1,925 Square Foot Building From Office Use to Single-Family Residence 7905 Curbaril Avenue / Black RECOMMENDATION: City Council adopt on second reading, by title only, the attached draft Ordinance, enacting Zone Change 2003-003 changing a CR zone to an RMF-10 zone. DISCUSSION: • The project consists of an application to amend the GC (General Commercial) General Plan land use designation to MDR (Medium Density Residential, 10 units/acre), and to change the CP (Commercial Professional) zoning district to RMF-10 (Residential Multi- Family, 10 units/acre). The project site is currently developed with a 1,925 square foot building constructed in 1980 that was converted from residential to professional office use in 1985. The structure is currently proposed for single-family residential use. Physical changes include removal of a front yard fence, addition of a driveway gate, and minor residential landscaping. Project access will remain in its current configuration along Curbaril Avenue. On March 25, 2003, the City Council conducted a public hearing to consider amendment of the Official Zoning Map of the City of Atascadero. The zone change will amend the Official Zoning Map CP (Commercial Professional) zoning district to RMF-10 (Residential Multi-Family, 10 units/acre) on the project site. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwelling require services that exceed the revenue generated by the dwelling. • ATTACHMENT: Attachment 1: Draft Ordinance A 056 ATTACHMENT 1: Draft Ordinance A • DRAFT ORDINANCE A AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2003-0038, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 031-183-027 FROM CP-10 TO RMF-10 (7905 Curbaril Avenue /Black) WHEREAS, an application has been received from Bruce Black (P.O. Box 867, Cambria, CA 93428) Applicant and Property Owner to consider a project consisting of a general plan amendment changing the GC (General Commercial) land use designation to MDR(Medium Density Residential); and a change the CP (Commercial Professional) zoning district to RMF-10 (Residential Multi-Family, 10 units/Acre) on APN 031-183-027 and, WHEREAS,the site's General Plan Designation is RMF (Residential.Medium Density); and, WHEREAS, the site current zoning district is RMF-10(Residential Multiple-Family); • 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 Tuesday, March 4, 2003, studied and considered Zone Change 2003- 0038, after first studying and considering the Draft Negative Declaration prepared for the project, and, WHEREAS, the Atascadero City Council, at a Public Hearing held on March 25, 2003, studied and considered Zone Change 2003-0038, after first studying and considering the Draft Negative Declaration prepared for the project, and; • UD7 NOW, THEREFORE,the City Council takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map ®f Atascadero from Commercial Professional to Residential Multi-Family District. The City Council finds as follows: 1. The proposed zone change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed zone change is compatible with existing development, neighborhoods and the environment. 3. The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed zone change is consistent with the project-specific Negative Declaration. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on March 25, 2003, resolved to introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 3154 day after its final passage. • X5)8 On motion by Council Member , and seconded by Council Member the • foregoing ordinance is hereby adopted following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: By: Jerry L. Clay, Sr., Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • l;J� • Exhibit A: Zone Change Map 2003-0038 e YNi� Official Zoning Map Change APN 031-183-027 Existing Zone: CP Amended Zone: RMF-10 iU 70 l / �FZc ? y� a • ITEM NUMBER: A-9 DATE: 04/22/2003 .. 9.0 t of i i9is � �ee i A►T�'scAn�ii , Atascadero City Council Staff Report - Fire Department Weed/Refuse Abatement Program RECOMMENDATION: Council adopt the draft Resolution, declaring vegetative growth and/or refuse a public nuisance, commence proceedings for the abatement of said nuisances, and place all abatement fees on the San Luis Obispo County Special Tax Assessment for the fiscal year 2003-2004 Tax Roll. DISCUSSION: The Municipal Code, Section 6-13.03, addresses the -abatement of vegetative growth and/or refuse, which constitute a hazard. Adoption of the proposed Resolution is the first step in this annual program, which requires council action. There are 9,862 parcels within the City. The Fire Department conducted its initial inspection during the first two weeks in April. Each year, an average of 3,700 parcels are identified to have vegetative growth and/or refuse, which are or may become a public nuisance. FISCAL IMPACT: The City recovers costs for administering this program through the 100% administrative fee, which is placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2003-2004 Tax Roll. ATTACHMENTS: 1. Draft Resolution 2. Vegetative Growth Notice 3. Refuse Notice 4. Vegetative Growth / Refuse (Year Round) Notice E3U1 DRAFT RESOLUTION RESOLUTION OF THE COUNCIL FOR THE CITY OF ATASCADERO • DECLARING VEGETATIVE GROWTH AND/OR REFUSE A PUBLIC NUISANCE, COMMENCING PROCEEDINGS FOR THE ABATEMENT OF SAID NUISANCES, AND PLACING ALL ABATEMENT FEES ON THE SAN LUIS OBISPO COUNTY SPECIAL TAX-ASSESSMENT FOR THE FISCAL YEAR 2003-2004 TAX ROLL The City Council of the City of Atascadero, County of San Luis Obispo, State of California, DO HEREBY RESOLVE as follows: SECTION 1. That vegetative growth and/or refuse are a public nuisance and hereby declare to be such for the reasons that vegetative growth may attain such a large growth as to become a fire menace and/or drainage restriction, when mature, and said refuse may become a public nuisance, thereby creating a hazard to public health. The City Council of the City of Atascadero finds and declares that vegetative growth and/or refuse on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of City and State laws. No further hearings need to be held, and it shall be sufficient to mail a post card notice to the owner of the property as their address appears upon the current assessment roll. SECTION 2. A description of the parcels of lots of private property upon which, or in front of which, said nuisances exist, according to the official Assessment Map of said City of Atascadero, shall be posted annually in the office of the City Clerk and referred to as Exhibit A (Vegetative Growth) and Exhibit B (Refuse). SECTION 3. The Cit Clerk or designee is hereby ordered and directed to mail written notices • Y � Y of the proposed abatement to all persons owning property described in accordance with Section 6-13.08 of the Atascadero Municipal Code. SECTION 4. Pursuant to Section 6-13.10 of the Atascadero Municipal Code, the City Council shall hear and consider all objections or protests to the required removal of said vegetative growth and/or refuse. The City Clerk shall post a copy of the public hearing notice in accordance with the Ralph M. Brown Act. SECTION 5. Pursuant to Section 6-13.17 of the Atascadero Municipal Code, if the owner does not abate the hazard, it will be abated by the city contractor. The cost of abatement, 100% administrative fee, and county fee will be assessed upon the county property tax bill, and constitute a lien upon such land until paid. On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: • 062 Draft Resolution Page Two • ATTEST: CITY OF ATASCADERO By: MARCIA M. TORGERSON, City Clerk JERRY L. CLAY, SR., Mayor APPROVED AS TO FORM: ROY A. HANLEY, City Attorney • • UD i NOTICE Dear Atascadero Property Owner: Weed abatement season has arrived and parcel inspections were performed throughout the City during the first two weeks of April. The City's Municipal Code, Section 6-13.08, requires this notification, which enables the Fire Department to abate dry noxious weeds in an effort to make our neighborhoods safer in the event of a fire. THE DEADLINE FOR COMPLIANCE IS JUNE 6,2003 DISREGARD THIS NOTICE IF YOU HAVE CUT YOUR WEEDS AND WE THANK YOU FOR YOUR ASSISTANCE IN MAKING THE CITY OF ATASCADERO SAFER DURING THE FIRE SEASON. NOTICE TO DESTROY VEGETATIVE GROWTH(NOXIOUS WEEDS) Notice is hereby given that on the 22nd day of April, 2003, the City Council passed a resolution declaring that vegetative growth (noxious weeds) constitute a fire hazard, which must be abated by the cutting of said vegetative growth(noxious weeds). If the owner does not abate the hazard, it will be abated by the City and the cost of removal assessed upon the County property tax bill and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars and Municipal Code, Section 6-13.01-17. A copy of said resolution is on file in the office of the city clerk. All property owners having any objections to the proposed removal of the hazard are hereby notified to attend a meeting of the City Council of the City of Atascadero to be held May 27, 2003 at 7:00 p.m.,when their objections will be heard and given due consideration. Dated: This 22nd day of April 2003. /s/Kurt W. Stone Fire Chief City of Atascadero, California U66 The deadline for weed/refuse abatement compliance is June 6, 2003 On June 7, 2003, the City's contractor begins the abatement process for parcels that are not in compliance. The contractor's fees, as well as applicable City and County fees/fines are assessed on the County's tax roll. The Fire Chief has established the following requirements: CLEARANCE OF VEGETATIVE GROWTH(NOXIOUS WEEDS) REQUIREMENTS a) Maximum height of 4 inches; b) Located within 100 feet of any building or structure, or to the property line,whichever is nearer; c) Located within 50 feet from the edge of any improved roadway; d) Located within 50 feet from each property line; e) Located within 10 feet on each side of driveways. EXEMPTIONS: a) Animal pastures and agricultural fields growing hay or grains. The interior portion of fenced pastures where the quantity of livestock significantly reduces the vegetative growth, therefore bringing the parcel into compliance. Agricultural fields must be cut at harvest time. Uncut hay and grain is subject to abatement. b) Habitat for endangered or threatened species or any species that is a candidate for listing as an endangered or threatened species by the State of California or Federal Government. c) Land kept in a predominantly natural state as habitat for wildlife, plant, or animal communities. d) Open space lands that are environmentally sensitive parklands. e) Other lands having scenic values. Abatement requirements shall remain in effect in waterways where flood preparation measures and emergency flood control mitigation is necessary. 1) This exemption applies whether the land or water are held in fee title or any lesser interest. This exemption applies to any public agency, and private entity that has dedicated the land or water areas to one or more of those purposes or uses, or any combination of public agencies and private entities making that decision. 2) This section shall not be construed to prohibit the use of properly authorized prescribed burning to improve the biological function of land or to assist in the restoration of desired vegetation. 3) In the event that any lands adjacent to land or water areas, as described above, are improved such that they are subject to this chapter,the obligation to comply with Section 6-13.04 shall be with the person owning, leasing, controlling, operating, or maintaining the occupied dwelling or occupied structure on the improved lands. All maintenance, activities, and other fire prevention measures required by Section 6-13.04 shall be required only for the improved land, and water areas as described above. • Questions regarding weed abatement may be directed to the City Weed Abatement Officer by leaving a recorded message at 805-461-7630, or by writing to: City of Atascadero, Fire Department, Abatement Officer, 6005 Lewis Ave., Atascadero, CA 93422. PLEASE RETAIN THIS NOTICE FOR ANY RELATED COMMUNICATIONS u�7 NOTICE Dear Atascadero Property Owner: Refuse inspections were performed throughout the City during the first two weeks of April. The City's Municipal Code, Section 6-13.08, requires this notification, which enables the Fire Department to abate all refuse that may create health hazards in our neighborhoods. THE DEADLINE FOR COMPLIANCE IS JUNE 6,2003 DISREGARD THIS NOTICE IF YOU HAVE REMOVED YOUR REFUSE AND WE THANK YOU FOR YOUR ASSISTANCE IN MAKING THE CITY OF ATASCADERO A MORE SAFE AND HEALTHY COMMUNITY NOTICE TO REMOVE REFUSE Notice is hereby given that on the 22nd day of April 2003, the City Council passed a resolution declaring that refuse constitutes a health hazard, which must be abated by the removal of said refuse. If the owner does not comply, it will be removed by the City, and the cost of the removal assessed upon the County property tax bill, and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars and Municipal Code, Section 6- 13.01-17. A copy of said resolution is on file in the office of the city clerk. All property owners having any objections to the proposed removal of the health hazard are hereby notified to attend a meeting of the City Council of the City of Atascadero to be held on May 27,2003 at 7:00 p.m.,when their objections will be heard and given due consideration. Dated: This 22"d day of April 2003. /s/Kurt W. Stone Fire Chief City of Atascadero, California Please retain this notice for any related communications • NOTICE Name Physical Address: Address City, State, Zip Re: Assessment Number: - - Physical Address: Dear Atascadero Property Owner: An inspection was made on the above stated parcel and your property was identified to be in violation of Municipal Code, Section 6-13.01-17 and Uniform Fire Code (UFC) Section 1103.2.4. The City's Municipal Code, Section 6-13.08, requires this notification, which enables the Fire Department to abate all vegetative growth and/or refuse that may create a fire or health and safety hazard(s) in our neighborhoods. We have identified NOTICE TO REMOVE VEGETATIVE GROWTH (NOXIOUS WEEDS) AND/OR REFUSE Notice is hereby given that on the 22nd day of April 2003, the City Council passed a resolution declaring that (insert the appropriate hazard: noxious weeds, vegetative growth, refuse, etc.) constitute a (insert the appropriate term: fire hazard, or health and safety hazard), which must be abated by the (insert the appropriate phrase: cutting of said noxious weeds, or removal of said health and safety hazard). If the owner does not comply within 30 days of the date of this letter, it will be abated by the city, and the cost of the abatement will be billed to the property owner directly, or assessed upon the county property tax bill, and will constitute a lien upon such land until paid. For further particulars, reference is hereby made to the Resolution, Municipal Code- Section 6-13.01-17, and.UFC Section 1103.2.4. A copy of said resolution is on file in the office of the city clerk. Dated: This_day of 2003 /s/Kurt W. Stone Fire Chief City of Atascadero, California • If you have any questions, please contact the City of Atascadero i Fire Department at 805-461-7630 ITEM NUMBER: A-10 DATE: 04/22/2003 n • i9is � 1979 Atascadero City Council Staff Report- Fire Department Self Contained Breathing Apparatus Award Contract RECOMMENDATION: Council authorize the City Manager to execute the contract with Bauer Compressors for the purchase of 25 Self Contained Breathing Apparatus and equipment at a cost of $141,561.22. Money will be allocated from 2002 Assistance to Firefighter's Grant Program. • DISCUSSION: Staff is proceeding to purchase 25 new Self Contained Breathing Apparatus (SCBA) units. These units are used by firefighters to breathe fresh air in a dangerous or smoke filled atmosphere. The new SCBAs to be purchased will meet the requirements of new recommendations for 2002 set by the National Fire Protection Agency.' Equipment to be purchased along with the SCBAs includes personal masks for each full-time firefighter with new, up to date air display technology and voice amplification systems. Rescue kits for trapped firefighters are included in the purchase as well as SCBA testing equipment with computer software to ensure the apparatus is in excellent working order. This equipment is expected to meet the needs of the Fire Department for the next 10 to 15 years. All equipment purchased will be from the Interspiro brand. Atascadero Fire Department did extensive testing over the period of 4 weeks with five different SCBAs. Vendors for each brand made presentations on their products. The entire fire department was then given the opportunity to test and use the SCBAs. Finally, the Breathing Apparatus Selection Committee made the final purchase recommendation to the Fire Chief based on several factors. Interspiro outperformed all other SCBAs in functionality, ease of use, comfort, amount of maintenance and price. Additionally, other fire departments in the county including Paso Robles, Morro Bay and San Luis Obispo, currently use Interspiro SCBAs which will allow for greater efficiency and cooperation on mutual aid type incidents with these agencies. v , U ITEM NUMBER: A-10 DATE: 04/22/2003 Once the Selection Committee made the selection of Interspiro, Request for Proposals • were sent to three companies who sell Interspiro products. The sealed bid opening was on March 13, 2003 in the City Clerk's office. Two companies returned proposals for this purchase. Prices returned are as follows: Company Total Bid Bauer Compressors $167,010.80 Interspiro, Inca $206,952.95 The total bid amount from Bauer Compressors was $167,010.80, however the anticipated amount to be spent is $141,561.22. The price difference is due to not selecting some of the optional equipment included in the bid. Based on the prices above, Bauer Compressors is the recommended vendor for the purchase of all SCBAs and equipment. FISCAL IMPACT: No General Fund impact. While the Assistance to Firefighters Grant requires a 10% match, this match was met with the purchase of the air machine. • ALTERNATIVES: Do not award contract, or award contract to alternate company. This would require returning the money awarded to Atascadero in the 2002 Assistance to Firefighters Program. 617 ITEM NUMBER: A-11 DATE: 04/2212003 • ; ITEM NUMBER: A-11 DATE: 04/22/2003 ANNUAL OVERALL GOAL INFORMATION • TO: CALTRANS DISTRICT 5 District Local Assistance Engineer The amount of overall goal, methodology,breakout of estimated race-neutral and race-conscious participation, and any DBE program updates are presented herein in accordance with Title 49 of the Code of Federal Regulations Part 26, and as described in the Local Assistance Procedures Manual. The City of Atascadero submits our annual overall goal for your review and comment. We propose an annual overall DBE goal of 5 %for the Federal Fiscal Year 2003, beginning on October 1, 2002 and ending on September 30,2003. First,the projects expected to be designed and/or constructed during FFY 03 were examined: NAICS Work Category Hwy, St. &Bridge FFY 03 Eng. Services Construction Projects Total Garcia Road Bridge 80 000 310 000 rnent 3 0 e lace 9 000 R $ $ $ Atascadero Lake Pedestrian Path $40,000 $150,800 $190,800 2 4 1 0 000 60 800 580 800 Sum $ $ $ Less City Matching Funds (Non Federal) $24,000 $92,160 $116,160 Federal Funds $96,000 $368,640 $464,640 %of Federal Funding by Work Category WF) 21% 79% 100% factors were determined based on the percentage of federal funding b • From this data, the weighting p g g y work category. ITEM NUMBER: A-11 DATE: 04/22/2003 • The weighted base figure was calculated as follows: Iifeering Firms DBCvntxact©rs All�gieenng_Fums , All Cvn�ractvrs QE} - f 1�eighte'd� 3a,.. �.. Where: 1. The numbers include only firms or contractors in San Luis Obispo, Santa Barbara, and Ventura counties, where the substantial majority of the firms, contractors and subcontractors with which the City does business are located 2. DBE firms or contractors list obtained from Caltrans website as of June 2002 (http://www.dot.ca. og v.hq/bep/downloads.html WCDef.xls) 3. In the denominator, "All" refers to DBE and non-DBE — this data obtained from County Business Patterns data on the Census Bureau website as of January 2003 http://censtats.census.gov/cgi-bin/cbpnaic/cbl2sel.pl 4. WF, or weighting factor, for engineering is based on 21% federal funding by Construction Services work category for FFY 03 projects 5. WF for construction is based on 79% federal funding by Construction work category for IFFY 03 projects 6. Only contractors that construct highway, street, and bridge projects were considered since that is the work contemplated during the coming fiscal year The goal seems reasonable for the work contemplated during IFFY 03, which includes a bridge replacement project, walking path around Atascadero Lake, and engineering design and inspection. Breakout of Estimated Race-Neutral and Race-Conscious Participation Of the overall Annual 5% goal for DBE participation, the City anticipates achieving approximately 1% using race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBE's and other small businesses; encourage prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance, and other support services to facilitate consideration of DBE's and other small businesses. The remaining 4% of the goal is anticipated to be accomplished through race- conscious measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed,to meet the City's overall annual DBE Goal. //S//Valerie Humphrey 3-25-03 DBE Liaison Officer Date ¢g a 1 .4 ITEM NUMBER: A-12 DATE: 04/2292003 ■ r■ ■ ■ • ,ass � 1-97-9 Atascadero City Council Staff Report- Public Works Department Sewer Extension Reimbursement Agreement Chauplin Avenue — Phase II RECOMMENDATION: Council authorize the Mayor to execute the Public Extension Reimbursement Agreement with J. Michael Finch for sewer extension. DISCUSSION: In conjunction with the development of his property, Mr. Finch extended the public sewer along a portion of Chauplin Avenue. In doing so, Mr. Finch provided public sewer access to other properties along Chauplin Avenue. Government Code allows Mr. Finch to apply for reimbursement from future connections to this extension. Reimbursement is collected from any properties connected to the sewer extension within 15 years from the date of the agreement. FISCAL IMPACT: The city will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded to Mr. Finch. ATTACHMENTS: Sewer Extension Reimbursement Agreement u-75 PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN • THE CITY OF ATASCADERO AND J. MICHAEL FINCH FOR CONSTRUCTION OF THE CHAUPLIN AVENUE SEWER IMPROVEMENTS PHASE H THIS AGREEMENT is made this day of , 200, in San Luis Obispo County, California,-by and between the City of Atascadero,California, hereinafter referred to as "City", and J. Michael Finch,hereinafter referred to as "Applicant"with reference to the following recitals. A. Applicant has developed certain property within the boundaries of the City, commonly referred to as a portion of Chauplin Avenue; and B. In order to develop The Property, Applicant opted to construct a public sewer extension along Chauplin Avenue to serve The Property. Said service extension is described as follows: Approximately 562 feet of 8" gravity sewer beginning at the intersection of Atajo and extending 562 feet South on Chauplin Avenue, C. The public sewer extension will serve adjacent landowners as shown in Exhibit A, as provided in the rules and regulations of the City. D. Said public sewer extension is to be shown on a map attached hereto as Exhibit B. E. The Applicant's cost descriptions in construction of the public sewer extension are described as follows: Description Total Fees and Permits $ 2,902.08 Engineering and Surveying 2,079.00 Construction 34,518.76 TOTAL $39,499.84 F. Applicant has agreed to dedicate, or has dedicated the public sewer extension to the City. • • G. The City will reimburse Applicant for part of Applicant's costs in constructing the public sewer extension from adjacent landowners as herein provided. The total reimbursement to the Applicant shall not exceed $38,709.84 which represents total project expenses less Administrative Fee. NOW, THEREFORE, in consideration of the mutual conveyance contained herein, applicant and City Agree as follows: 1. Term The term of this agreement shall be for 15 years from the date it is approved by the City Council of City. 2. Rate of Reimbursement During the term of this Agreement, the City will reimburse Applicant for his costs in constructing the public sewer extension from adjacent landowners pursuant to the methodology described in Exhibit B. The City will collect said amount from each adjacent landowner before permitting said owner to connect to the public sewer extension. • 3. Administrative Costs Two percent(2%) of all monies collected pursuant to this agreement shall accrue to the City as administrative fees. 4. Conditions of Reimbursement City's obligation to reimburse Applicant is conditioned on the following: 4.1 Applicant providing City with an engineer's certification that extensions are constructed in substantial conformance with the plans and standard improvement drawings submitted to the City. 4,2 The sewer line extension has been inspected and approved by City. 4.3 Applicable easements have been offered and accepted by the City. 4.4 Applicant providing the City with a detailed accounting, satisfactory to the City of the amounts expended for the construction and installation of the public sewer extension. • 4.5 Applicant has provided the City with a maintenance bond, letter of credit or other financial security satisfactory to the City in a sum equal to ten percent (10%) of the cost of constructing the public service extension, or such agreement satisfactory to the City whereby the Contractor and/or it's surety will repair or replace to the satisfaction of the City, any and all such work that may prove defective in workmanship or materials for a one year period, ordinary wear and tear excepted, together with any other work which may be damaged or displaced in so doing. 5. Obligation of City If, for any reason, the reimbursement fee is or becomes legally uncollectable, the City shall not be responsible in any way for collecting the reimbursement fee and/or reimbursing the Applicant for the costs of the public sewer extension. Reimbursement shall be made only when the City collects money from the owners of properties whose buildings are to be connected to the public sewer along Chauplin Avenue notwithstanding any provision of any law, this code, or the Reimbursement Agreement. 6. Place of Payment • The City shall make payment to Applicant at: J. Michael Finch 6445 North Palm Suite 101 Fresno, California 93704 7. Successors and Heirs This Agreement shall be binding on and shall ensure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. 8. Severability Shall any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the court ruling. 9. Captions The captions of the Sections'of the Agreement are for convenience and . reference only. They shall not be construed to define or limit the provisions to which they relate. ti � � 10. Indemnity Applicant agrees to save, indemnify and hold harmless, the City of Atascadero, its officers, employees and agents, from all liabilities, judgments, costs and expenses, due to any and all activities related to the implementation of the rights and privileges granted in this agreement. except for liabilities, judgments, costs and expenses due to the City's negligence. IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of the day approved by the City Council of the City of Atascadero. AGREED. Date: . Michael Finch • Approved by the Council of the City of Atascadero on this day of 22003. City of Atascadero By: Jerry L. Clay, Sr.� Mayor Attest: By: Marcia M. Torgerson, City Clerk Approved as to Form: • By: Roy A. Hanley, City Attorney EXHIBIT A CHAUPLIN AVENUE SEWER REIMBURSEMENli PHASE II � G • EXHOff 8 CHAUPLIN AVENUE SEWER EXTENSION REIMBURSEMENT AREA Property Owner Reimbursement Amount 030-311-012 LOT 12 $3291.65 Peterson, George X and Robbin H. 5505 Chauplin Avenue Atascadero, CA 93422 030-311-011 LOT 13 $3291.65 Arnett, Gerald&Anna 8520 El Dorado Road Atascadero, CA 93422 030-311-005 LOT 14 $3291.65 Polin, Burt 147 Los Cerros Drive San Luis Obispo, CA 93405 030-311-002 LOT 15 $3291.65 Finch, J. Michael 6445 N. Palm Street#101 Fresno, CA 93701 031-091-019 LOT 20 &21 $3291.65 Newsome, Michael &Barbara 5185 Atajo Avenue Atascadero, CA 93422 031-091-007 LOT 22 $3291.65 Finch, J. Michael 6445 N. Palm Street#101 Fresno, CA 93701 031-091-006. LOT 19 $3291.65 • Finch, J. Michael 6445 N. Palm Street#101 Fresno, CA 93701 031-091-005 LOT 15 $3291.65 • Finch, J. Michael 6445 N. Palm Street#101 Fresno, CA 93701 031-091-009 LOT 24 $3291.65 Finch, J. Michael 6445 N. Palm Street#101 Fresno, CA 93701 031-091-009 LOT 25 $3291.65 Finch, J. Michael 6445 N. Palm Street#101 Fresno, CA 93701 031-091-008 LOT 23 $3291.65 Finch, J. Michael 6445 N. Palm Street#101 Fresno, CA 93701 031-092-016 LOT 14 $3291.65 Finch, J. Michael . 6445 N. Palm Street#101 Fresno, CA 93701 F, U0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT OS C OWLEDCMENT State of CALIFORNIA County of FRESNO On__NOVEMBER 4. 2002 before me, SAUNDRA L. MC GRATH, NOTARY PUBLIC Date Name and Title of Officere. ( g.,"Jane Doe,Notary Public") personally appeared J. MICHAEL FINCH Name(s)of Signer(s) ' Apersonally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by _ , _ his/her/their signature(s)on the instrument the person(s), SAUNDRA L. MC GRATH or the entity upon behalf of which the person(s) acted, CornnVsslon# 1375593 executed the instrument. Notary Public - COMM-40 _ Fresno County WITNESSm hand and official seal. My Comm.Dpkim Oct 14 2006 Y Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Public Extension Reimbursement Agreement Document Date: November 4, 2002 Number of Pages: 6 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer :1 Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ neral -1 Partner—❑ Limited ❑ Ge ral ❑ Attorney-in-Fact 7 Attorney-in-Fact ❑ Trustee _ Trustee _ ❑ Guardian or Co ervator :1 Guardian or Conse ator ❑ Other: Top of thumb here ] Other: Top of thumb here Sig r Is Representing: Signer Is presenting: 01995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 ITEM NUMBER: A-13 DATE: 04122/2003 • ieis ' ■ is e p Atascadero City Council Staff Report- Public Works Department Sewer.Extension Reimbursement Agreement Junipero Avenue RECOMMENDATION: Council authorize the Mayor to execute the Public Extension Reimbursement Agreement with Thomas Weatherman for sewer extension. DISCUSSION: • In conjunction with the development of his property, Mr. Weatherman extended the public sewer along a section of Junipero Avenue. In doing so, Mr. Weatherman provided public sewer access to other properties along Junipero Avenue. Government Code allows Mr. Weatherman to apply for reimbursement from future connections to this extension. Reimbursement is collected from any properties connected to the sewer extension within 15 years from the date of the agreement. FISCAL IMPACT: The city will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded to Mr. Weatherman. ATTACHMENTS: Sewer Extension Reimbursement Agreement • u PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN • THE CITY OF ATASCADERO AND THOMAS G. WEATHERMAN FOR CONSTRUCTION OF THE JUNIPERO AVENUE SEWER IMPROVEMENTS THIS AGREEMENT is made this day of , 2003, in San Luis Obispo County, California,by and between the City of Atascadero, California, hereinafter referred to as"City",and Thomas G. Weatherman,hereinafter referred to as "Applicant"with reference to the following recitals. A. Applicant has developed certain property within the boundaries of the City, commonly referred to as a portion of Junipero Avenue; and B. In order to develop The Property, Applicant opted to construct a public sewer extension along Junipero to serve The Property. Said service extension is described as follows: Approximately 6210 feet of 8 inch gravity sewer. C. The public sewer extension will serve the area shown in Exhibit A, a-- provided in the rules and regulations of the City. D. The Applicant's cost descriptions in construction of the public sewer • extension are described as follows: Description Total Fees and Permits 546.24 Inspection and Testing 300.00 Construction 17,950.00 Applicant Benefit Share -6265.41 TOTAL REIMBURSEMENT $12,530.83 REIMBURSEMENT PER BENEFITING PARCEL(2) $6265.41 E. Applicant has agreed to dedicate, or has dedicated the public sewer extension to the City. • uU5 • F. The City will reimburse Applicant for part of Applicant's costs in constructing the public sewer extension from adjacent landowners as herein provided. The total reimbursement to the Applicant shall not exceed $12,280.21 which represents total project expenses less Administrative Fee. NOW, THEREFORE, in consideration of the mutual conveyance contained herein, applicant and City Agree as follows: 1. Term The term of this agreement shall be for 15 years from the date it i= approved by the City Council of City. 2. Rate of Reimbursement During the term of this Agreement, the City will reimburse Applicant for his costs in constructing the public sewer extension from adjacent landowners pursuant to the methodology described in Exhibit B. The City will collect said amount from each adjacent landowner before permitting said owner to connect to the public sewer extension. 3. Administrative Costs Two percent(2%) of all monies collected pursuant to this agreement shall accrue to the City as administrative fees. 4. Conditions of Reimbursement City's obligation to reimburse Applicant is conditioned on the following: 4.1 Applicant providing City with an engineer's certification that extensions are constructed in substantial conformance with the plans and standard improvement drawings submitted to the City. 4.2 The sewer line extension has been inspected and approved by City. 4.3 Applicable easements have been offered and accepted by the City. 4.4 Applicant providing the City with a detailed accounting, satisfactory to the City of the amounts expended for the construction and installation of the public sewer extension. • 006 4.5 Applicant has provided the City with a maintenance bond, letter of • credit or other financial security satisfactory to the City in a sum equal to ten percent (10%) of the cost of constructing the public service extension, or such agreement satisfactory to the City whereby the Contractor and/or it's surety will repair or replace to the satisfaction of the City, any and all such work that may prove defective in workmanship or materials for a one year period, ordinary wear and tear excepted, together with any other work which may be damaged or displaced in so doing. 5. Obligation of City If, for any reason, the reimbursement fee is or becomes legally uncollectable, the City shall not be responsible in any way for collecting the reimbursement fee and/or reimbursing the Applicant for the costs of the public sewer extension. Reimbursement shall be made only when the City collects money from the owners of properties whose buildings are to be connected to the public sewer along Chauplin Avenue notwithstanding any provision of any law,this code, or the Reimbursement Agreement. 6. Place of Payment The City shall make payment to Applicant at: Thomas G. Weatherman 8995 Junipero Avenue Atascadero, CA 93422 7. Successors and Heirs This Agreement shall be binding on and shall ensure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. 8. Severability Shall any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the court ruling. ;� II UO� • 9. Captions The captions of the Sections of the Agreement are for convenience and reference only. They shall not be construed to define or limit the provisions to which they relate. 10. Indemnity Applicant agrees to save, indemnify and hold harmless, the City of Atascadero, its officers, employees and agents, from all liabilities, judgements, costs and expenses, due to any and all activities related to the implementation of the rights and privileges granted in this agreement, except for liabilities, judgements, costs and expenses due to the City's negligence. IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of the day approved by the City Council of the City of Atascadero. AGREED. Date: • Thomas G. Weatherman Approved by the Council of the City of Atascadero on this day of , 2003. City of Atascadero By: Jerry L. Clay,Mayor Attest: By: Marcia M. Torgerson, City Clerk Approved as to Form: By. - Roy A. Hanley, City Attorney P T EXHIBIT A JUNIPERO AVENUE SEWER REIMBURSEMENT V�Ep'CN�RMP� 7 ,XFEATHERSTONE FORAN X • 0 • v89 • EXHIBIT B JUNIPERO AVENUE SEWER EXTENSION REIMBURSEMENT AREA PROPERTY OWNER REIMBURSEMENT AMOUNT 030-071-038 $6,265.41 Lot 120 030-071-038 $6,265.41 Lot 120A • ITEM NUMBER: A-14 DATE: 04/22/2003 n ■ r,■ ■ ■ I ilia � i9 a ASCADEItp�/ Atascadero City Council Staff Report- Public Works Department Sewer Extension Reimbursement Agreement Seperado Avenue RECOMMENDATION: Council authorize the Mayor to execute the Public Extension Reimbursement Agreement with Glen Gaultney for sewer extension. DISCUSSION: • In conjunction with the development of his property, Mr. Gaultney extended the public sewer along a section of Seperado Avenue. In doing so, Mr. Gaultney provided public sewer access to other properties along Seperado Avenue. Government Code allows Mr. Gaultney to apply for reimbursement from future connections to this extension. Reimbursement is collected from any properties connected to the sewer extension within 15 years from the date of the agreement. FISCAL IMPACT: The city will collect a 2% Administrative Charge from all reimbursements. This charge will be deducted from the total amount refunded to Mr. Gaultney. ATTACHMENTS: Sewer Extension Reimbursement Agreement • U� PUBLIC EXTENSION REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ATASCADERO • AND GLEN GAULTNEY FOR CONSTRUCTION OF THE SEPERADO AVENUE SEWER IMPROVEMENTS THIS AGREEMENT is made this day of , 2003, in San Luis Obispo County, California,by and between the City of Atascadero, California, hereinafter referred to as"City", and Glen Gaultney, hereinafter referred to as "Applicant"with reference to the following recitals. A. Applicant has developed certain property within the boundaries of the City, commonly referred to as a portion of Seperado Avenue; and B. In order to develop The Property,Applicant opted to construct a public sewer extension along Seperado Avenue to serve the property. C. The public sewer extension will serve adjacent landowners as shown in Exhibit A, as provided in the rules and regulations of the City. D. Said public sewer extension is to be shown on a map attached hereto as Exhibit B. E. The Applicants cost descriptions in construction of the public sewer extension are described as follows: Description Total Engineering and Surveying,Mtgs 5660.41 Construction 48,018.67 Applicant Benefit -5,367.90 TOTAL $48,311.18 F. Applicant has agreed to dedicate, or has dedicated the public sewer extension to the City. G. The City will reimburse Applicant for part of Applicant's costs in constructing the public sewer extension from adjacent landowners as herein provided. The total reimbursement to the Applicant shall not exceed$47,344.95,which represents total project expenses less Applicant Benefit and Administrative Fee. • Uzi2 NOW, THEREFORE, in consideration of the mutual conveyance contained • herein, applicant and City Agree as follows: 1. Term The term of this agreement shall be for 15 years from the date it is approved by the City Council of City. 2. Rate of Reimbursement During the term of this Agreement, the City will reimburse Applicant for his costs in constructing the public sewer extension from adjacent landowners pursuant to the methodology described in Exhibit B. The City will collect said amount from each adjacent landowner before permitting said owner to connect to the public sewer extension. 3. Administrative Costs Two percent (2%) of all monies collected pursuant to this agreement shall accrue to the City as administrative fees. 4. Conditions of Reimbursement • City's obligation to reimburse Applicant is conditioned on the following: g 4.1 Applicant providing City with an engineer's certification that extensions are constructed in substantial conformance with the plans and standard improvement drawings submitted to the City. 4.2 The sewer line extension has been inspected and approved by City. 4.3 Applicable easements have been offered and accepted by the City. 4.4 Applicant providing the City with a detailed accounting, satisfactory to the City of the amounts expended for the construction and installation of the public sewer extension. 4.5 Applicant has provided the City with a maintenance bond, letter of credit or other financial security satisfactory to the City in a sum equal to ten percent (10%) of the cost of constructing the public service extension, or such agreement satisfactory to the City whereby the Contractor and/or it's surety will repair or replace to the satisfaction of the City, any and all such work that may prove defective in workmanship or materials for a one year period, ordinary wear and tear excepted, together with any other work which may be damaged or displaced in so doing. 5. Obligation of City • If, for any reason, the reimbursement fee is or becomes legally uncollectable, the City shall not be responsible in any way for collecting the reimbursement fee and/or reimbursing the Applicant.for the costs of the public sewer extension. Reimbursement shall be made only when the City collects money from the owners of properties whose buildings are to be connected to the public sewer along Seperado Avenue notwithstanding any provision of any law, this code, or the Reimbursement Agreement. 6. Place of Payment The City shall make payment to Applicant at: Glen Gaultney 12501 Wolf Road Grass Valley, CA 95949 7. Successors and Heirs This Agreement shall be binding on and shall ensure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto, , 8. Severability Shall any provision of this Agreement be held by a court of competent jurisdiction to be either invalid,void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the court ruling. 9. Captions The captions of the Sections of the Agreement are for convenience and reference only. They shall not be construed to define or limit the provisions to which they relate. 10. Indemnity Applicant agrees to save, indemnify and hold harmless,the City of Atascadero, its officers, employees and agents, from all liabilities, judgements, costs and expenses, due to any and all activities related to the implementation of the rights and privileges granted in this agreement, except for liabilities,judgements, costs and expenses due to the City's • negligence. d • IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of the day approved by the City Council of the City of Atascadero. AGREED. Date: Glen Gaultney Approved by the Council of the City of Atascadero on this day of , 2003. City of Atascadero By: . Jerry Clay Sr.,Mayor Attest: By: Marcia M. Torgerson, City Clerk Approved as to Form: By: Roy A. Hanley, City Attorney \ EXHIBIT A SEPERADO AVENUE SEWER REIMBURSEME* r a c s 9b EXHIBIT SEPERADO AVENUE SEWER EXTENSION REIMBURSEMENT AREA PROPERTY OWNER REIMBURSEMENT AMOUNT 028-061-047 $5,367.90 HOWLAND 4700 SEPERADO AVENUE ATASCADERO 028-061-002 $5,367.90 HEINZE 4680 SEPERADO AVENUE ATASCADERO 028-061-045 $5,367.90 NUNEZ 4670 SEPERADO AVENUE ATASCADERO 028-061-046 $5,367.90 SORENSEN 4660 SEPERADO AVENUE ATASCADERO 028-051-015 $5,367.90 FLETCHER 4630 SEPERADO AVENUE ATASCADERO 028-051-014 $5,367.90 ANDERSON 4620 SEPERADO AVENUE ATASCADERO 028-051-013 $5,367.90 SPENCER 4610 SEPERADO AVENUE ATASCADERO 028-051-057 $5,367.90 KENDALL 4600 SEPERADO AVENUE ATASCADERO 028-051-056 (PTN) $5,367.90 GAULTNEY • 12501 WOLF ROAD GRASS VALLEY g Pq� �9 � d ITEM NUMBER: A-15 DATE: 04/22/2003 ■ii ■ ®i iaia � i9 97x7 CAD��j Atascadero. City Council Staff Report— Public Works Department EI Camino Real Gravity Sewer Main Extension Consultant Services Agreement Amendment RECOMMENDATION: Council authorize the City Manager to execute an amendment to the Consultant Services Agreement with Cannon Associates for the EI Camino Real Gravity Sewer Main Extension project. DISCUSSION: The EI Camino Real Sewer Main Extension Project is under construction. The leg from Del Rio Road to the north end of El Camino Real is nearing completion and the trench will be paved in the near future. The leg between Chapel of the Roses and Factory Outlet will be started shortly. The project is expected to be completed in mid June. Cannon Associates prepared construction documents for the project and are providing inspection and engineering support services for the project. The contract for the inspection services is $25,000.00. The billings for inspection are approaching $25,000.00. The project is in need of continued inspection services, engineering support services and generation of record drawings. Amendments to the existing contract require approval by the City Council per the City Procurement Manual. The proposal is to amend the contract for inspection services by $17,000.00, for engineering support services by $6,000.00 and for record drawings by $4,000.00. FISCAL IMPACT: Consultant Services $27,000.00 i ITEM NUMBER: A-15 DATE: 04/22/2003 This Contract Change Order will be funded from the Wastewater Division "NECR Gravity Main" Capital Account#86900144. • ALTERNATIVES: 1. Do not authorize the City Manager to execute an amendment to the Consultant Services Agreement with Cannon Associates for the EI Camino Real Gravity Sewer Main Extension Project. The project is currently under construction. The main issue with this option would be choosing another firm and executing a contract before construction is completed.This would be impossible. ATTACHMENT: Attachment "A" EI Camino Real Gravity Sewer Main Extension Consultant Services Agreement Amendment i U09 ITEM NUMBER: A- 15 DATE: 04/22/2003 Contract No. EL CAMINO REAL GRAVITY SEWER MAIN EXTENSION CONSULTANT (INSPECTION) SERVICES AGREEMENT AMENDMENT NO. 1 This amendment is made upon the date of execution, as set forth below, by and between Cannon Associates, hereinafter referred to as "Consultant", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City". The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to amend the design services contract as follows: 1.00 GENERAL PROVISIONS 1.01 TERM: The original agreement shall continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONSULTANT: Consultant agrees to amend the original contract by the addition of the following Engineering Services: • 1. Extend Project Inspection Services to project completion. 2. Provide General Construction Engineering Support Services as requested. 3. Prepare and submit project Record Drawings using available as-built information and project revision documentation provided by the construction contractor and the project inspector. The record drawings will be provided on permanent drawing medium (Mylar film). 1.03 COMPENSATION: In consideration for the additional services to be performed by Consultant, City agrees to pay Consultant: 1. Total compensation to provide additional construction inspection services to project completion shall be $17,000.00. 2. Total compensation to provide general construction engineering support services upon request by the City shall be $6,000.00: 3. Total compensation to prepare and submit for City use project Record Drawings (approximately 15 sheets on Mylar film) shall be $4,000.00. 4. Total consultant services provided under this contract amendment are not to exceed $27,000.00. • ITEM NUMBER: A- 15 DATE: 04/22/2003 4.00 TERMINATION OF AGREEMENT • 4.04 TERMINATION: The termination date of the original agreement shall be extended to October 1, 2003. Date: In Witness whereof, the parties to these present hereunto, set their hands on the date first above written. CITY OF ATASCADERO CONSULTANT By By Jerry L. Clay Sr., Mayor (Name) (Title) Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney Approved as to content: Steven B. Kahn, City Engineer • ITEM NUMBER: B -1 DATE: 04/22/2003 ■ r■ ■ ■, • iaia � � i e CAI Atascadero City Council Staff Report - City Manager's Office Adoption of Development Impact Fee Adjustments and Operational Service Fees for Development Services RECOMMENDATIONS: Council accept public comment and: 1. Approve the Atascadero Facilities Master Plan dated November 2002. 2. Introduce for first reading, by title only, draft Ordinance amending the Municipal Code, establishing revised Development Impact Fees per staff recommended • Schedule 2.1 in Development Impact Fee Staff Report. 3. Introduce for first reading by title only of the Draft Ordinance amending the Municipal Code, by adding Chapter 3.32, establishing a fee and service charge revenue/cost comparison system for the City's operational fees. 4. Approve the adoption of Service Fees S-001 through S-041 and S-047 through S-068, establishing fee and service charge/cost recovery systems for development related services. DISCUSSION: Background: The City entered into an agreement with Revenue and Cost Specialists (RCS), LLC, to perform a Development Impact Fee Study (Attachment #1 in Council report of 2/25/03), and a Master Facilities Plan (Attachment #2, 2/25/03) February 2001 . The study took longer to develop than expected because it relies on information contained in the General Plan, which was not adopted until June 2002. The Master Facilities Plan is a comprehensive assessment of the capital projects and capital acquisitions necessary to maintain a continued level of public services to accommodate future growth as set forth in the General Plan. The Development Impact Fee Study analyzes the projects contained in the Master Facilities Plan determining which improvements and what percent of those improvements are attributable to new development. The City is responsible for • providing services to a continually expanding residential and business community® development impact fees are necessary to preserve existing levels of service and ITEM NUMBER: B-1 DATE: 04/22/2003 fund new capital projects to mitigate growth. A simple example is the EI Camino Real / Curbaril intersection. As new development has, and is, occurring the • intersection becomes more impacted with traffic. Development impact fees are collected from the new development to purchase right of way and add additional lanes to the intersection so that the level of service to the community is the same after the new development as it was before. Impact fees are a method for ensuring that developmentcontributes its share of the cost of public facilities and service improvements. The City first adopted such fees in 1986, and they have not been updated since 1991 . There are strict legal requirements for the setting and adopting of impact fees and the attached report meets the legal tests as currently set forth. On February 25th, 2003, the City Council received the consultant's report and held a public hearing to take public comment on the proposed fees. Council directed staff to: • Evaluate the proposed commercial impact fees to insure they were appropriate and would not create a disadvantage for Atascadero as compared to other cities in the region. Check the calculations and rationale for parkland and open space acquisition. The City acquires most of its open space at no cost through the development process; other means include grants or public/private partnerships. Therefore, it is logical not to assume the City would be required to purchase all of the open space identified in the General Plan and Master Facilities Plan. Review with stakeholders the methodology used in the study. • Provide information about the implementation of any adopted fees. . Provide a comparison of the proposed fees on a more typical Atascadero new home (rather than the smaller lot prototype used commonly in other cities). The impact fees are calculated and based upon a complete list of public infrastructure projects to be financed by the fees, and are identified in the City's Master Facilities Plan. The projects were developed from the City's recently completed General Plan and other Master Plans available to staff. City staff worked to provide a realistic analysis of projects that will be required to provide service to the community. An example of the staff effort would be fire stations. The General Plan depicts four fire stations in the City and therefore it would be appropriate to include four fire stations and the necessary equipment and furnishings in the Master Facilities Plan. However,staff knows that it is extremely unlikely that the community will be able to support the ongoing operational costs of four stations. At the same time, staff is working on a "Standards of Cover" report, which is a technical analysis of fire response times and locations. Based upon the research to date and the fiscal realities facing the City, staff expects that it will be more appropriate to have three fire stations. This would likely result in the relocation of the current stations although relocation expenses are offset by the current equity in the facilities. In this way the Master Facilities Plan is more realistic to future expectations and reduces the development impact fee: The report includes a proportional analysis of the infrastructure needs required to support new development of the City relative to the existing infrastructure. .L03 ITEM NUMBER: B -i DATE: 04/22/2003 The Master Facilities Plan provides for three major types of projects. One group provides for the maintenance, repair and rehabilitation of the City's varied infrastructure, including its streets, traffic signals, storm drains and other pubic facilities. The second group of projects is needed to serve future development and includes such projects as the widening of streets, creation of additional parkland or the construction of a new fire station. The last group of projects in the Master Facilities Plan enhances the quality of life for all residents and spurs economic growth in the community. These projects include the library expansion and/or a new recreation center. There are nine different types of capital improvements that are quantified and subject to the development impact fees. The types of improvements are: INFRASTRUCTURE PROJECT TOTALS Law Enforcement Facilities and Equipment $2,299,742 Fire Facilities $6,377,583 Parks, Open Space Land acquisition and Development $19,684,752 Circulation System $97,440,000 • Storm Drainage Facilities $7,300,000 General Facilities (city Hall, etc. $5,672,445 Public Use Center $3,870,705 Sewer Collection System UNKN Library Facility $1,900,604 PROJECT TOTALS $144,545,831 As indicated above, Atascadero's total project expenditures identified as necessary through build-out .are $144,545,831. Not all of the City's needed projects qualify for impact fee funding. Indeed, even if the maximum supportable impact fees for all infrastructures were to be adopted, they would generate enough revenues (about 47%) to complete only some of the identified projects. Conclusions: Staff has reviewed the study based upon Council direction and has developed several recommendations for amendments. They are listed below: 1. Initial equipment and uniforms for public safety personnel are included in the • report and in the calculation of Police and Fire facilities and equipment. While this practice has been done in other jurisdictions, the law is not entirely clear on 104 ITEM NUMBER: B-1 DATE: 04/22/2003 the subject. Therefore, staff recommends that these costs be removed from the calculations for public safety. This will reduce the proposals from $1,425 to $538 for a single-family home. 2. Staff is recommending that the Commercial impact fee be reduced from $10.02 per square foot to $5.00 per square foot recognizing that commercial uses generate alternate types of revenue to offset the development of facilities that would otherwise be funded through development impact fees. Commercial uses generate revenue from sales tax and through employee payroll. It is also recommended that the City's Business Investment Policy be expanded to provide further impact fee offsets where there are large sales tax generators or where employees' salaries exceed the local averages. 3. The funding target for parkland and open space acquisition be reduced to $1,744,067 due to the likelihood of substantial land donations, grants, and public-private partnerships available to acquire additional open space until build- out of the City. This will reduce the proposed Parks, Open Space Land acquisition and Development target by $2,875,000. 4. Staff is recommending that current fees be charged for projects with building permit applications already submitted prior to the effective date of a new ordinance. The City can collect some of the fees, such as park fees; at the time the grading permit is issued. The staff is recommending that all impact fees be collected at the time a construction permit is issued. • The City now has a long-range program of identification of the entire infrastructure and facility needs necessary to meet service demands of growth through build-out. The information included in the Master Facilities Plan is based upon the Atascadero Comprehensive General Plan and other official planning documents. At the City Council meeting of April 8, 2003, the City Council deferred taking action on the proposed operational fees for development related services. Attached to this report (Attachment D), is the spreadsheet for those services (S-001 through S-041 and S-047 through S-068) discussed at the previous Council meeting for discussion and consideration. Staff is recommending the adoption of the entire schedule of operational fees including S-042 through S-046 and S-069 through S-125 as proposed in the fee schedule with 100% cost recovery. Further, staff is including the fees previously approved at your last meeting so that they are all-inclusive in one Ordinance. FISCAL IMPACT: Actual revenues are not estimated; they will offset expenses associated with providing services to new development. L ITEM NUMBER: B - I DATE: 04/22/2003 ALTERNATIVES: Amend, modify or reject the proposed development impact fee adjustments and implementation measures. ATTACHMENTS: Attachment A Consultant Recommended Dev. Impact Fee Schedule Table 2.1 Attachment B Staff Recommended Dev. Impact Schedule 2.1 (Revised) Attachment C Alternative Dev. Impact Fee Schedule 2.2 (Marginal Needs) Attachment D Cost Allocation Spreadsheet for Development Services Attachment E Draft Ordinance for Development Impact Fees Attachment F Draft Ordinance for Development Service Fees O Co O O O N O O O O N cf; M OD s... �. •�,. -n I� O O V m O a0 O O tXT 00 m N M M Ln O to M n m N M I� CO LL Cn. 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Thus, new development will be required to cover the cost of anticipated future public facilities and capital improvements so that the impact of new growth will be borne equitably by the new development. Section 3-14.03 DEFINITIONS: The following terms shall have the following meanings when used in this chapter. (a) 'Building" means any structure having a roof supported by columns and/or walls and intended for shelter, housing, and/or enclosure of any person, animal or chattel, but not including tents or mobile homes. (b) "Building permit" means a building permit for residential, nonresidential, or mobile home site development applied for to the Community Development Department of Atascadero on or after the effective date of the ordinance codified in this chapter. (c) "Construct" or "construction," as used in this chapter, means the putting together, assembling, erection or altering of construction materials, components, or modules into a structure, or portion of a structure, and includes restructuring, enlarging or altering any structure. "Construct" also includes the moving from outside the City and locating of a building, or portion thereof, onto a lot or parcel of land, and also includes the improvement of land as a mobile home lot. (d) "Dwelling unit" means an independent, attached or detached residential building designed to house and provide living space including kitchen and bathroom facilities, for • an individual family. (e) "Gross building area" means the total floor area of each floor of all buildings subject to this chapter, including internal circulation, storage and equipment space, as measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies. (f) "Mobile home" means a vehicle without self-propulsion designed and equipped as a dwelling unit to be used with a foundation. (g) "Mobile home lot," as used in this chapter, means any area or portion of a lot designated, designed, or used for the occupancy of one (1) mobile home on a permanent basis. (h) "Nonresidential" includes all uses of land other than residential including agricultural, communication, cultural, educational, recreation, manufacturing, processing, resource extraction, retail trade, services, transient lodging, transportation and wholesale trade uses. (i) "Person" includes any individual, firm, co-partnership, corporation, company, association,joint stock association, city, county, state or district: and includes any trustee, receiver, assignee, or other similar representatives thereof. 0) "Structure," as used in this chapter, means any artifact constructed or erected, the use of which requires attachment to the ground, including any building, but not including fences or walls six (6) feet or less in height. • ; 15 • (k) As used in this chapter, the terms "residential," "commercial," "office," "industrial," "hotel," motel and quasi-public have the same meanings as are defined in the Genera? Plan and Zoning Ordinance of this City, as well as administrative interpretations thereof. Section 3-14.04 LIMITATIONS ON USE: Fees from residential and nonresidential development may be used for all types of capital improvements. Section 3-14.05 EXCEPTIONS: There is excepted from the fee imposed by this chapter the following: (a) The construction of a building or structure or mobile home which is a replacement for a building or mobile home being demolished or moved to outside the City from the same lot or parcel of land. The exception shall equal but not exceed the fee which would be payable hereunder if the building or mobile home being replaced were being newly constructed. If the fee imposed on the new building exceeds the amount of this exception, such excess shall be paid; (b) Accessory buildings or structures in planned developments, multifamily or mobile home parks, such as a clubhouse, swimming pool, or laundry facility; (c) Buildings or structures which are "clearly accessory to a principal use" such as fences, pools, patios, parking spaces, garages, residential accessory buildings (except guest houses) and agricultural accessory buildings as outlined in Title 9; • (d) Any person when imposition of such tax upon that person would be in violation of the Constitution and the laws of the State of California, County of San Luis Obispo, or City of Atascadero; (e) A condominium project converting an existing multifamily building into condominiums where no new dwellings are added or created; (f) Any rebuilding of a structure destroyed or damaged by fire, explosion, act of God or other accident or catastrophe, which rebuilding does not increase the original gross building area. If such increase does occur, the increase shall be subject to the fee as imposed by this chapter; (g) Any restoration/reconstruction of a historical building recognized, acknowledged, and designated as such by the City Planning Commission or City Council; (h) The construction of any building by the City of Atascadero, or the United States or any Department or Agency thereof, or by the State of California or any Department, Agency or Political Subdivision thereof, or any residential development where the City Council finds there are specific over-riding fiscal, economic, social or environmental factors benefitting the City which, in the sole judgement of the City Council, would justify the approval of such development without the payment of said development impact fee. Section 3-14.6: STANDARDS FOR FEES: Any fees imposed pursuant to this Chapter shall bear a reasonable relationship tc • the costs associated with the capital impzgvements which need is generated by such � �6 development, and shall be supported by a public report in conformance with Government • Code §66016(a). Section 3-14.7: ISSUANCE OF REGULATIONS AND SETTING OF FEES: The City Council shall from time to time by resolution, issue regulations and set fees for the administration of this Chapter. Section 3-14.8: ALTERNATIVE PAYMENT: The amount of the payment of a Development Impact Fee and the timing thereof, can only be altered pursuant to an agreement approved by the City Council of Atascadero. Section 3-14.09: CONSTRUCTION PROHIBITED: It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, make, put together or convert any building or structure in the City, or attempt to do so, or cause the same to be done, without first paying the fee imposed by this Chapter. Section 14.10: EFFECTIVE DATE: The fees imposed by this Chapter shall be applicable with respect to building • permits for construction activities applied for on or after the effective date of the ordinance. SECTION TWO: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of Atascadero hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. • s � • The foregoing Ordinance was approved and adopted at a meeting of the City Council held on April 22nd, 2003,by the following vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO ATTEST: • Marcia McClure Torgerson, City Clerk Jerry L. Clay, Sr., Mayor APPROVED AS TO FORM: Roy A. Hanley, City Attorney DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, • CALIFORNIA,AMENDING THE ATASCADERO MUNICIPAL CODE BY ADDING CHAPTER 3.32 ESTABLISHING A FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM. The City Council hereby finds and declares as follows: SECTION 1. Chapter 3.32 of the Atascadero Municipal Code is hereby added to read as follows: CHAPTER 3.32 FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM SECTIONS 3.32.010 Findings and Intent 3.32.020 Delegation of Authority and Direction to Manager 3.32.030 Costs Reasonably Borne Defined 3.32.040 Schedule of Fees and Service Charges 3.32.050 Public Meeting 3.32.060 Provision of Data 3.32.070 Appeal to City Council Section 3.32.010 Findings and Intent (a) Pursuant to Article XIIIB of the California Constitution, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably borne from fees, charges and regulatory license fees levied therefore in providing the regulation, products or services hereinafter enumerated in the Chapter. (b) The fee and service charge revenue/cost comparison system set forth in this Chapter provides a mechanism for ensuring that fees adopted by the City for services rendered do not exceed the reasonable estimated cost for providing the services for which the fees are charged. • " 9 li • (c) The adoption of this Chapter is exempt from the California Environmental Quality Act (Public Resources Code Sections 21080 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of City department, as set forth in Public Resources Code Section 21080 (b) (8) (1). Section 3.32.020: Delegation of Authority and Direction to Manager (a) The City Manager is hereby delegated the authority and directed to provide documents to the City Council to implement its herein enumerated policy to adjust fees and charges to recover the percentage of costs reasonably borne as established hereby, in providing the regulation, product or service enumerated in this Chapter in the percentage of costs reasonably borne and on the schedule of rate review and revision as hereinafter established in this Chapter. (b) The City Manager is hereby delegated authority to issue Executive Orders defining terms, setting out administrative, fee collection, and financial procedures, definitions, and establishing effective dates of all fees set by the City Council by resolution. All Executive Orders shall be originated and signed by the affected department head, shall be signed by the Finance Director certifying that the financial requirements of this Chapter are complied with, and shall be signed by the City Manager connoting the effective date of the Executive Order and new or revised rate structure, procedure or definition. (c) "Costs reasonably borne" shall be as defined in Section 3.32.030. In adjusting fees and charges, the City Manager shall act in an administrative and ministerial capacity and shall consider only the standards and criteria established by this Chapter, and the procedures set hereby and by applicable State law. All Executive Orders issued hereunder shall comply in all respects with this Chapter, and the several schedules of fees and rates as set by the City Council by resolution. Section 3.32.030: "Costs Reasonably Borne" Defined "Costs reasonably borne," as used and ordered to be applied in this Chapter are to consist of the following elements: (a) All applicable direct costs including, but not limited to salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operation expenses, contracted services, special supplies, and any other direct expense incurred. (b) All applicable indirect costs including, but not restricted to, building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, vehicle expenses, insurance, debt service, and like expenses when distributed on an accounted and documented rational proration system. (c) Fixed asset recovery expenses, consisting of depreciation of fixed assets, and additional fixed asset expense recovery charges calculated on the current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset. A further additional charge to • make up the difference between book value depreciation not previously recovered and reserved in cash and the full cost of replacement, also shall be calculated and considered a cost so as to recover such unrecovered costs between book value and cost of replacement over the remaining life of the asset. (d) General overhead, expressed as a percentage, distributing and charging the expenses of the City Council, City Attorney, City Manager, City Clerk, Finance Department, Personnel Office, and all other staff and support service provided to the entire City organization. Overhead shall be prorated between tax-financed services and fee-financed services on the basis of said percentage so that each of taxes and fees and charges shall proportionately defray such overhead costs. (e) Departmental overhead, expressed as a percentage, distributing and charging the cost of each department head and his or her supporting expenses as enumerated in subsections a, b, c, and f of this Section. (f) Debt service costs, consisting of repayment of principal, payment of interest, and trustee fees and administrative expenses for all applicable bond, certificate, or securities issues or loans of whatever nature or kind. Any required coverage factors or required or established reserves beyond basic debt service costs also shall be considered a cost if required by covenant within any securities ordinance, resolution, indenture or general law applicable to the City. Section 3.32.040: Schedule of Fees and Service Charges (a) The City Manager, Finance Director and each City department head, under the direction of the City Manager, shall review annually the fees and service charges listed following, and provide an adjusted fee or charge schedule to the City Council for its consideration so as to recover the listed percentage of costs reasonably borne necessary to provide the listed regulation, product or service. Percentage of Costs Reasonably Borne Regulation, Product or Service To Be Recovered I. Development Services: All New Services - At Inception.......................... 100% All City Services Listed on Exhibit A (b) A Minimum Fee of$10 shall be charged in all instances except in the cases of numbers 65 and 68. (c) The hereinabove services as listed in this section shall be as defined in that certain document entitled "Cost of Services Study for the City of Atascadero", dated November, 2002, as produced by Revenue & Cost Specialists, LLC, of Fullerton, California. • (d) All fees and charges set pursuant to this Chapter and Section shall take effect ten (10) days after the City Manager signs an Executive Order stipulating that all provisions of this Chapter have been complied with, and no written appeal has been filed. (e) The schedule of frequency of rate adjustments may be varied by the City Manager to adjust revenues sufficient to meet debt service coverage requirements, of any bond, certificate, or ordinance, resolution, indenture, contract, or action under which securities have been issued by the City which contain any coverage factor requirement. (f) The City Manager may vary the review schedule listed in the Section if, in the judgment of the City Manager and a directly affected and requesting department head, a gross inequity would be perpetrated by not revising the rate schedule. Any such rate revision which deviates from the review schedule as set herein shall be reported to the City Council at its next succeeding meeting. Section 3.32.050: Statutory Public Meeting Pursuant to California Government Code Section 66016 and 66018, the City Clerk shall cause notice to be provided as set out in Government Code Section 6062a, and the City Council periodically, at least annually, shall receive at a regularly scheduled meeting oral and written presentations concerning fees and charges proposed to be increased or added. Such notice, oral and written presentation, and public meeting shall be provided prior to the City Council taking any action on any new or increased fees or charges. At least one such public hearing shall be • held annually, in conjunction with the City annual budget process and hearing per the requirements of Government Code Section 66018. Section 3.32.060: Provision of Data Pursuant to the California Government Code, at least ten (10) days prior to the required public hearing set out herein, the City Manager shall make available to the public appropriate data indicating the cost, or estimated cost required to support the fees and charges for which changes are proposed to be made or fees or charges imposed. The City Manager also shall provide a summary of the present fee and charge schedules and those proposed at such annual public hearing. A general explanation of such changes also shall be published per the requirements of Government Code Section 6062a and 66016. Section 3.32.070: Appeal to City Council (a) Any person who feels that any fee or charge determined and set is in excess of the percentage of costs reasonably borne to be recovered as set out in this Chapter, or that such fee or charge has been reviewed prior to or has not been reviewed within the review schedule as set out herein, may appeal in writing to the City Council. (b) No fee or charge for which an appeal has'been filed shall take effect until heard by the City Council. Such appeal shall be placed on the agenda of the next ensuing Council meeting after receipt of such appeal, and heard at the next ensuing Council meeting. Such appealed fee or • charge shall take effect immediately upon hearing by the City Council unless ordered otherwise by the City Council by ordinance amending this Chapter. SECTION 2. SEVERABILITY If any portion of this Chapter is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Chapter regardless of the absence of any such invalid part. SECTION 3. REPEALER All Ordinances, including Ordinance No. , Municipal Code Sections, Resolutions, City Council Motions, and all actions of all City Boards and Commissions in conflict herewith are hereby repealed. The fees and charges established by this Chapter shall supersede all previously established fees or charges for the same regulation, product or service, and all such previous fees and charges are hereby repealed on the effective date of the Executive Order of the City Manager provided in Section 3.32.040 (d) hereof. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 5. CERTIFICATION This ordinance shall be published one (1) time in the Atascadero News within fifteen 15 days P ( ) Y after its adoption. PASSED, APPROVED AND ADOPTED this 22nd day of April 2003. Jerry L. Clay, Sr., Mayor ATTEST: Marcia M. Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney • 1�;J ITEM NUMBER: C -1 DATE: 04/22/2003 • 1918 * ■ 1979 Atascadero City Council Staff Report- City Manager's Office k City Council Goals for the Fiscal Year 2003-2004 RECOMMENDATION: Council affirm and file Action Plans for the 2003-04 Strategic Initiatives. 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. Staff vacancies have been filled, training improved and performance measures raised. The Atascadero Road Program was created leading to the improvement of more than $5 million of roadwork, more than had been completed in the prior decade. The Downtown Revitalization is underway with improvements slated for this summer and private investment increasing. The Carlton Hotel is expected to be completed this year and other private projects are underway. The City now has a web presence and more and more City services are emerging each month over the internet. A great deal of community information is now available via the web including the Municipal Code, General Plan and Council Agendas. Many more projects could be cited as examples of the progress made by the City Council. • • ITEM NUMBER: C-1 DATE: 04/22/2003 This year the Council held the Strategic Planning workshop in January and established nine priority Strategic Initiatives. Action plans for each initiative are attached for Council • review. Those are: ✓ Create Workforce Housing ✓ Develop Open Space Acquisition Program ✓ Redevelop Old Commercial & Industrial Sites ✓ Continue the Atascadero Roads Program ✓ Maintain High Quality Public Safety ✓ Business Attraction / Retention ✓ Implement the General Plan ✓ Continue Downtown Revitalization ✓ Continue to Connect with the Community These work plans, if adopted by Council, will impact current ongoing priorities and programs. The action plans identified for Community Development (Create Workforce Housing, Develop Open Space Acquisition Program and Implement the General Plan) will cause a slowdown in current planning projects and will require an increase in staff. The Community Development Department intends to hire a one-year contract planner and two interns to assist in the workload. It will affect current planning projects like zone changes and lot line adjustments. The Redevelopment Agency has the same top priorities as the City Council anddoes not anticipate a negative impact on any current service. Likewise, Public Works keeps,the Atascadero Road Program as a top priority. Its inclusion in the Council priorities will not have a negative impact on other services. Public Safety does not anticipate any negative impact. However, it is important to note that the current staffing levels in both police and fire are low. The departments have not been expanded at the same rate as calls for service, State and local mandates, public expectations and population increases. As the Council faces financial decisions in the coming years it will be necessary to review the impact on emergency services if this priority is to be maintained. FISCAL IMPACT: No fiscal impact is calculated. Actual impact would be presented as specific proposals are brought forward. ATTACHMENT: City Council Action Plans • ITEM NUMBER: C -1 ®ATE: 04/22/2003 • ATASCADERO CITY COUNCIL ACTION PLANS 0 FOUNDED INCORPORATED 1913 1978 STRATEGIC INITIATIVES FISCAL YEAR 2003-2004 ITEM NUMBER: C -1 DATE: 04/22/2003 Workforce Housing Action Plan • Issue The General Plan identifies the provision of workforce and.affordable housing as a high priority. This issue is of increasing importance as median house prices skyrocket and a large number of new residential projects are pending that will require affordable housing standards to be defined by the City. Objectives Adopt an inclusionary affordable housing ordinance consistent with General Plan Program HOS 2.2.2. in 2003. Plan Staff will work with the Planning Commission and Council to develop parameters for a "Workforce" Housing Policy and an "Affordable Housing Policy." The Planning Commission will then act as a steering committee to develop the parameters for an inclusionary and workforce housing ordinance. The Commission's recommendations will be forwarded to the Council in the form of a draft ordinance. The initial study session with the Commission and Council is scheduled for May 7t". The Planning Commission will begin reviewing the issue following the study session as staff is able to develop the information and direction of the May meeting. Goals 1. Conduct a study session to develop policies. 2. Begin Planning Commission review of a draft ordinance following the study session. 3. Bring a draft ordinance for adoption to City Council in summer of 2003. 4. Prepare Density Bonus Ordinance (2004). • i� i ITEM NUMBER: c -1 DATE: 04/22/2003 • Open Space Acquisition Action Plan Issue Open Space is an-intrinsic characteristic that defines the identity of Atascadero as a place and underlies the General Plan's theme of protecting the rural atmosphere and "elbow room" of Atascadero. General Plan Goals LOC 5, 6, 7, 8 and 11 all address the environmental and recreational importance of open space. Due to the unique Colony lot pattern and the rapidly increasing value and demand for residential estate properties, many areas of town that have been long considered open space are threatened by development. Objectives Implement General Plan Program LOC 11.1.5 which encourages the acquisition of open space at a ratio of 5 acres / 1000 residents. Implement General Plan Program LOC 6.1.6 which directs staff and the Planning Commission to seek scenic and open space easements, parklands and open space dedications as mitigation from subdivisions in sensitive areas. Plan Staff will begin the process by updating the GIS map to include all open space areas and easements that have been dedicated to the City and make this map available to the public, Planning Commission and City Council. The native tree inventory mapping program will combine the mapping of biological sensitivity areas and wildlife corridors. The results of this mapping program will be combined with the existing open space map to identity high priority acquisition and protection areas. These priorities areas will be considered in conjunction with environmental review of maps and precise plans and requested as mitigation. Goals 1. Adopt new recreation and open space acquisition fees (Spring 2003) 2. Update GIS base map with open space areas and easements. (Summer 2003) 3. Issue RFP for native tree inventory and wildlife corridor mapping. (Summer 2003) 4. Complete mapping program and develop open space priorities (Summer 2003 —Winter 2004. 5. Continue to acquire open sace easements and dedications as part of CEQA mitigation on precise plans and maps. (Ongoing) ITEM NUMBER: C -1 DATE: 04/22/2003 Redevelop Old Commercial & Industrial Sites Issue There are many underutilized or abandoned Commercial and Industrial sites within the City. Redevelopment of these sites will enhance employment opportunities, increase the business sector of the economy and improve City revenues. Objective Create and implement a "Brownfield" program to reclaim and redevelop Commercial and Industrial property. Plan The City and Agency have developed an outline of a "Brownfield" program and have retained special Counsel to advise in the process. City representatives participate in the County Environmental Enforcement Group to insure that there is a broad group of stakeholders involved in the process and to stay abreast of the latest County issues. The City and Agency have identified an initial site and have begun implementing the Polanco Act to insure clean up of the site with a goal of reuse. The steps involved in the Polanco Act are listed below. 1 Agency requests environmental assessment information up to and including Phase 1 and Phase 2 site assessment 2 Agency selects environmental oversight agency partner (RWQCB, CA DTSC) Cooperating responsible party provides information and agrees to complete investigation and clean-up under supervision. (Polanco Process Can Stop) 3a Agency submits written notice to responsible party requiring submission of remedial action plan (RAP) and schedule to Agency within 60 days 3b Responsible party reach agreement with oversight agency and Agency with 60 days on binding process to complete investigation and clean-up Cooperating responsible party submits RAP and schedule and voluntarily reaches agreement with oversight agency and Agency to complete investigation and clean-up (Polanco Process Can Stop) 4 Agency goals and objectives including considerations regarding third party participants such as potential purchasers, impact the type of negotiation strategy implemented. The Agency is authorized to undertake the following • ITEM NUMBER: C -1 DATE: 04/22/2003 • steps in response to non-compliance or non-cooperation by responsible party: A. Acquire Property: Agency can negotiate voluntary acquisition with owner, including discounted price that reflects clean-up costs. Agency can begin eminent domain proceeding and then negotiate voluntary settlement with owner. Agency can complete eminent domain proceed B. Complete site investigation: Agency can complete site investigation under voluntary site access agreement with landowner. Absent site access agreement, site access can be obtained as part of eminent domain proceeding C. Complete Site remediation: Agency can complete site remediation under voluntary site access agreement with landowner. Absent site access agreement, site access can be obtained as part of eminent domain proceeding. D. Agency Cost Reimbursement Agency is entitled to sue for cost recovery from non-cooperating responsible parties • E. Occupant Enforcement Options Agency may require existing occupants and/or operators of the property to produce environmental information pertaining to the site. F. Redevelopment End-User Agency may enter into a cost reimbursement, property option or acquisitions agreement, or commence redevelopment planning and/or entitlement work including solicitation for prospective developers, in tandem (and as a means to funding some or all of the Agency's transactions costs) with prior options. In a fully contested Polanco process, three legal proceedings may be triggered: 1. Eminent Domain 2. Cost Recovery 3. Entitlement and Restored land Sale/Redevelopment ITEM NUMBER: C -1 DATE: 04/22/2003 Continue the Atascadero Roads Program • Issue The Atascadero Roads program was started in 1999 as an effort to focus the City's limited resources, both staffing and financial, to improve roads in Atascadero. A priority system was developed and the City made strategic investments in staffing, equipment and projects. Since inception of the program many roads have been repaired and the entire maintenance program has improved. The City Council intends to continue the progress of this program. Objectives Focus maintenance and new construction efforts to provide the maximum benefit to the community. Continue the plan items set forth in prior action plans. Plan Reorganize and add staff to the Public Works Maintenance Division to optimize the ability to maintain the roads of Atascadero. (Completed) Develop Pavement Management System. Inspect and rate the condition of the surface conditions of the roads. Develop and implement a priority system to repair and rehabilitate the road system based on the rating with community and Council direction. (Completed) Adopt new Ordinances to improve the roads of Atascadero. City Council has passed Ordinances on road repair requirements of new development, trench repair, encroachment inspection and allowing residences to repair their own roads. (Ongoing) Improve Atascadero Engineering Standards. Revisions have been made to the trench repair and paving section requirements. Engineering division will continue to look for and implement improvements to the Standards. (Ongoing) Seek additional funding for road maintenance and repair. Possible sources for funding are SLOCOG, Caltrans, federal government, bond measures and new taxes. (Ongoing) Circulation Plan Road. Annually rehabilitate Circulation Plan Roads, collectors and arterials, using the Council adopted priority system. (Ongoing) Local Road Paving. Purchase paving equipment and overlay local roads based on the priority system. Staff is overlaying 1 to 2 miles of road a year. (Ongoing) Assessment Districts. Assist neighborhoods in the formation of Assessment Districts to repair and maintain the roads. (Ongoing) • JL ITEM NUMBER: C -1 DATE: 04/22/2003 • Maintain High Quality Public Safety Issue Maintain a healthy and safe community. Objectives Maintain an all-risk emergency response readiness. Plan Cadet Firefighter/Police Explorer • Recruit for Fall 2003 • Reserve Firefighter/Reserve Police Officer • Recruit reserve personnel to fill vacant positions. Code Enforcement • Chipping Program • Fuel Reduction • Weed and/or Refuse Abatement Training • Meet federal, state, and local requirements. • Increase technical rescue certifications to respond to swift water, low/high angle, earthquake, and industrial/commercial incidents. • Implement first responder protocol. Fire Prevention/Crime Prevention • State License & Business Inspections • Public Education o Fire Prevention Week o Fire Safety House o Neighborhood Watch Emergency Preparedness • Update the City's Emergency Plan. Technology • GIS — Geographic Information System • MDT— Mobile Data Terminal • Wireless • Automated Reporting • ITEM NUMBER: C -1 DATE: 04/22/2003 Community Outreach • • Citizen Academy • Community Emergency Response Team (CERT) • Volunteer Program • Community Action Partnership • 33 ITEM NUMBER: C -1 DATE: 04/22/2003 • Business Attraction / Retention Issue Enhance the community's economy providing jobs and additional revenue to the City. Enhance the choices available to community members to purchase goods and services. Objective Create a Business Attraction / Retention Program that will entice business to locate and stay in Atascadero. Plan Completed actions: • Participate in economic vitality corporation 5-year strategic plan program • Participate in development of EVC marketing plan • Labor market survey • Economic Development Brochure • Financial and Technical Assistance to Main Street Economic Restructuring Committee • Develop and publish advertisements to market development opportunities and services Prepare and adopt economic development strategy. The strategy will review a variety of strategic initiatives that will increase the capacity for business attraction and retention efforts. These initiatives will outline a strategy that will focus on building foundations for successful economic development, fostering business success and lead to creating new opportunities and economic diversification. The strategy would likely be refined based on labor market, and other information analysis to determine suitable target businesses. Status: 1St Draft Completed September 02 Reviewed by Ad Hoc ED Committee: City, RDA, Chamber, EVC Revision of Draft in process Council Workshop Summer 03 Estimated Completion Date: June 03 Completion of Economic Development/Redevelopment Agency Website Establish a presence on the World Wide Web to promote economic development and redevelopment information and services. Website to include demographic, marketing, development, site and contact information for clients and interested parties. • .34 ITEM NUMBER: C -1 DATE: 04/22/2003 Status: Draft Website Completed November 02 • Final content revisions April 03 Estimated Completion Date: Activate for public use-July 03 Complete inventory and "packaging" of sites for business expansion and attraction; A summary of available sites will be prepared for dissemination to local businesses for expansion consideration and for new business attraction. Timing has been based on the completion of the general plan update and establishment of the downtown revitalization plan, both of which identify potential sites. Status: Completion of General Plan Update, Redevelopment Plan, and Downtown Revitalization Plan now permits creation of site inventory. Estimated Completion Date: Sept 1, 2003 Initiate Business Retention and Expansion Program Surveys and Interviews. Develop program to survey and interview area businesses about local economy, trade market, management, opinion, and suggestions for improved business climate and economy. Explore possible collaboration with Chamber of Commerce, Economic Vitality Corporation, and Main Street. Estimated Completion Date: Sept 1, 2003 _ • 135 ITEM NUMBER: C -1 DATE: 04/22/2003 General Plan Implementation ISSUE Adoption of the new General Plan in 2002 created a number of inconsistencies with the Zoning Ordinance and identified a number of implementation programs. OBJECTIVES Update the Zoning Ordinance, Appearance Review Manual and other ordinance to be consistent with the General Plan PLAN Designate adequate funding and resources to hire consultants and manage outside consultants to prepare updates to the Zoning Ordinance and Appearance Review Manual. GOALS 1. Adopt PD-17 Ordinance consistent with General Plan Program HOS 1.1.4 (done). 2. Adopt Second Unit Ordinance consistent with General Plan Program HOS 3.1.2. (done). 3. Adopt Mixed Use Ordinance consistent with General Plan Program HOS 3.1.3. and Goal LOC 3. (in process City Council 1St hearing March 2003.). 4. Approve budget requests for outside consultants (Summer 2003). 5. Issue RFP for Zoning Ordinance Update and Appearance Review Manual. (Summer 2003). 6. Update process (12 — 18 months). 7. Creek setback ordinance update (2004). • E . ITEM NUMBER: C -1 DATE: 04/22/2003 Continue Downtown Revitalization • Issue The City and Agency have prioritized the revitalization of downtown. A Main Street program has been initiated and positive events have been held. The Carlton Hotel is being rehabilitated and one non-conforming use has been relocated. The Council and Agency Board desire to maintain the energy and commitment to downtown revitalization. Objective Maintain support of Main Street and downtown programs. Identify and implement a "next project" in the downtown. Plan Continue to work with owners, developers and businesses to reduce vacancy, increase activity and realize highest and best uses in the downtown core area. Increase education and marketing of downtown opportunities locally and outside the region. Completed Actions: • Acquisition of non-conforming business property with negotiated relocation • Acquisition of blighted vacant lot for redevelopment • Review and consideration of various downtown development proposals • Staff and Professional the Redevelopment Agency Office and Office of Economic Development Ongoing: Complete Phase 1 of Downtown Streetscape project • Complete EI Camino Real Traffic calming and pedestrian safety project • Complete expanded downtown public parking facilities Continue assistance and coordination to complete Carlton • Continue technical support to achieve revitalized Century Plaza • Work toward realizing expanded multi-plex cinema project in the Downtown • Maintain financial and technical support for Main Street Program • ITEM NUMBER: C -1 DATE: 04/22/2003 Continue to Connect with the Community Issue Insure the public has access to information so that they can participate in local government and generally be informed about current and future events. Engage the community in City issues and decisions. Objectives Create an atmosphere where the community is informed about City issues and welcome to participate in the decision-making and the implementation of community vision. Provide opportunities to be involved and get information to community members. Plan Ongoing actions: • Work with the media • City web site • City newsletter • City Manager's newsletter • Special reports • Continue to publish display ads in the newspaper • Continue to write articles.for newspapers or newsletters • Speak to community groups I • Broadcast Council Meetings on radio ITEM NUMBER: C -2 DATE: 04/22/2003 is e Atascadero City Council Staff Report - Public Works Department Memorandum of Understanding North County Urban Area Transit Operators RECOMMENDATION: City Council authorize the Mayor to execute the attached Memorandum of Understanding (MOU) between SLOCOG and Public Transportation Providers. DISCUSSION: Background: The 2000 Census resulted in the establishment of the "Atascadero-Paso Robles" urbanized area, which also includes the communities of Templeton and Santa Margarita. The new urban area designation also qualifies this area for Urban 5307 funds. The San Luis Obispo Council of Governments (SLOCOG) is required by federal law to develop MOU's with transit operators in urbanized areas that identify the planning and programming process for transit funds. The Federal Transit Administration (FTA) only recognizes SLOCOG's Federal Transportation Improvement Program (FTIP) as the programming document. The MOU for the Urban Area involves four operators: the cities of Atascadero and Paso Robles, the County of San Luis Obispo(Templeton Subsidized Taxi), and the San Luis Obispo Regional Transit Authority(CCAT and Runabout ADA services). As outlined in the MOU, the new process establishes a North.County Transit Technical Committee made up of the member agencies that will review and select projects based upon the following criteria: 1) Project purpose and need, 2) Anticipated benefits (including mobility and air quality), 3) Degree of improvement to transit viability and availability, 4) Degree of improvement to transit system performance, 5) Cost effectiveness, • 6) Leveraging other funds. 139 ITEM NUMBER: C -2 DATE: 04/22/2003 It is anticipated that the Technical Committee will meet on a quarterly basis to review the progress of the current Program of Projects and to receive public input on future • projects. The MOU also provides for a Policy Committee that will convene only if disputes over the proposed Program of Projects arise. The FTA requires that there be a single applicant for each urbanized area. At this time it is proposed that the City of. Paso Robles act on behalf of the other providers. FISCAL IMPACT: This change results in a shift in funding from the Rural 5311 funds to Urban 5307 funds. The North County Urbanized Area will receive approximately $550,000 the first year. This is a significant increase when compared to the 2001/02 Countywide 5311 apportionment of$422,000. ATTACHMENT: Memorandum of Understanding • MEMORANDUM OF UNDERSTANDING BETWEEN THE • SAN LUIS OBISPO COUNCIL OF GOVERNMENTS AND THE COUNTY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY AND CITY OF ATASCADERO AND CITY OF EL PASO DE ROBLES "Regarding the Coordination of Ongoing Transit Planning and Programming Federal Funds that Support the Ongoing and Future Deployment of Transit Services in the North County". This Memorandum of Understanding (MOU) is entered into between the SAN LUIS OBISPO COUNCIL OF GOVERNMENTS, hereinafter referred to as (SLOCOG), and the CITY OF ATASCADERO, CITY OF PASO ROBLES, SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY AND COUNTY OF SAN LUIS OBISPO, hereinafter referred to as "Public Transportation Providers", as of this day of 2003. The purpose of this MOU is to: 1) Foster a cooperative and mutually beneficial working relationship between noted agencies for the provision of comprehensive, effective, and coordinated transit planning on behalf of North County public mass transportation systems; and, 2) Identify the transit planning responsibilities in coordination with the State of California for the purpose of programming federal funds within the SLOCOG Federal Transportation Improvement Program FTIP). . WITNESSES THAT: WHEREAS, the major populations of the Cities of Atascadero and Paso Robles and less populated north county portions of San Luis Obispo County, as identified in the attached map, are newly designated as an "urbanized area"; and WHEREAS, the Public Transportation Providers are eligible to apply for and receive Federal Transit Administration (FTA) 5307 funding for capital, operating, and planning assistance for the delivery of public mass transportation; and, WHEREAS, SLOCOG is a Regional Transportation Planning Agency (RTPA) and a Metropolitan Planning Organization (MPO), for San Luis Obispo County; and, WHEREAS, the Federal Transportation Equity Act for the 21St (TEA-21) requires MPO's to work cooperatively with public transit operators to develop Regional Transportation Plans (RTPs) and Transportation.Improvement Plans (TIPs) for urbanized areas. These plans and programs are intended to further the national interest to encourage and promote the safe and efficient management, operation, and development of surface transportation systems. These systems should serve the mobility of people and freight, and foster economic growth and development within and through urbanized areas, while minimizing transportation-related fuel consumption and air pollution; and, WHEREAS, SLOCOG and Public Transportation Providers rely upon a cooperative relationship to foster comprehensive regional transit planning which feeds directly into State and national planning; and, • WHEREAS, the need for continued open communication is amplified due to the recent designation as an urbanized planning area. Page 1 of 7 NOW, THEREFORE, in consideration of the mutual benefits to the parties hereto, and in consideration of the covenants and conditions herein contained, the parties agree as follows: • SECTION 1: Responsibilities of SLOCOG and the Public Transportation Providers 1.1 Communication A critical component of this relationship involves open and productive communication, which leads to setting project priorities and federal funding needs. SLOCOG is required to update the FTIP every even numbered year. The need to ensure responsive communication between the two parties is imperative in order to meet this federal programming mandate. As a designated urbanized area, Public Transportation Providers are eligible to apply for FTA 5307 funding for capital, operating, and planning assistance for the delivery of public mass transportation. The Executive Director of SLOCOG, Transit Manager of SLORTA and the City Managers of the City of Atascadero and City of Paso Robles are the primary individuals responsible for ensuring that the provisions specified in this MOU are followed through. 1.2 Governance The Public Transportation Providers, individually and jointly, will cooperate with SLOCOG in the development and implementation of a committee structure to assure the application for and use of FTA 5307 funding that is consistent with Regional Transportation Plan (RTP) and Regional and Federal Transportation Improvement Plan (FTIP). SLOCOG and the Public Transportation Providers shall execute within one hundred eighty (180) days of the execution of this MOU an operating agreement designating a north county transportation provider as the recipient of FTA 5307 funding. By means of this agreement, SLOCOG and the Public Transportation Providers will agree to cooperate fully with all application and reporting requirements as dictated by FTA. The date of the execution of the operator's agreement may be extended upon written agreement of all the parties to this agreement. SECTION 2: Transit Planning 2.1 Overall Work Program In accordance with state and federal requirements, SLOCOG annually prepares, adopts, and updates an Overall Work Program (OWP) describing regional planning activities. The OWP relates regionally significant planning activities of the State, transit operators, local governments, and SLOCOG in an integrated, comprehensive program document. Public Transportation Providers agree to annually prepare a list of regionally significant transit related planning studies for the future fiscal year to be completed by the Public Transportation Providers submit to SLOCOG according to the following schedule: a) a brief description of said studies by December 1 St of each year. b) a detailed description of said studies by January 14th of the following year. Page 2 of 7 2.2 Short-Range Transit Plans (SRTP) In accordance with the planning regulations and Federal Transit Administration (FTA) guidance, the Public Transportation Providers are required to prepare a five (5) year short- range plans to support sound financial and operations decision-making in the transit planning and programming. In the development of future SRTPs, the Public Transportafion Providers will provide a draft list of projects for FTA funding. The list shall: a) Identify and describe the scope of the specific projects and services, which address ongoing and increased transit demands. These projects and services are to include provisions for meeting requirements of the Americans with Disabilities Act (ADA). b) Provide qualitatively and quantitative analysis showing how the project addresses transit needs. c) Identify the amount and type of federal and non-federal funds required supporting the projects for each year represented in the plan. In addition, identify anticipated discretionary funding estimates for the FTIP. 2.3 Long-Range Transit Plan In accordance with the planning regulations and Federal Transit Administration (FTA) guidance, SLOCOG in coordination with the Public Transportation Providers will develop the Long-Range Transit Plan. The Long-Range Transit Plan will assess the transportation needs of the public and set forth improvements necessary to address those needs over a twenty (20) year period and updated every five (5) years consistent with Short Range Transit Plan. • 2.4 Planning Assistance SLOCOG will provide input into the development of transit planning documents produced by the Public Transportation Providers. An example of the type of transit planning document includes the Short-Range Transit Plan. In addition, SLOCOG will work cooperatively with and assist the Public Transportation Providers in their efforts to generate planning and forecasting information needed to establish and maintain the Short and Long Range Transit Plans. The type of assistance provided by SLOCOG includes, but is not limited to, the following: a) Obtain and analyze date from various sources to develop concrete demographic, growth, and use assumptions for the purpose of transit forecasting and development (e.g., trip generation tables, census information, maps). b) Assist in securing funds to conduct transit demand studies and in-depth analysis (e.g., research funding options, grant writing). c) Assist in obtaining state and federal funding of projects consistent with the SLOCOG Regional Transportation Plan (e.g., completing paperwork, facilitating FTIP amendments). 2.5 FTIP Programming Criteria As part of the FTIP updating process, federally funded projects are programmed by SLOCOG on behalf of all transit providers receiving federal funds through FTIP. For proposed transit projects, the criterion used for the programming of federal funds within the SLOCOG FTIP is essential. SLOCOG and the Public Transportation Providers will en-),ploy the following selection criteria to establish priorities for transit funding: Page 3 of 7 " a) Project purpose and need. b) Anticipated benefits. c) Degree to which a project will improve transit availability. • d) Degree to which a project will improve level of service performance standards. e) Air quality benefits. f) Overall cost effectiveness. g) Leveraging other funding sources. 2.6 Regional Planning SLOCOG will provide a forum that will foster partnerships wherein the development of public transit services throughout northern San Luis Obispo County will be accomplished. As part of the coordinated regional transportation system, SLOCOG will expand the continuing, cooperative, and consistent planning of the transportation systems operated by the Public Transportation Providers and such relationship with the regional and interregional transit network. SLOCOG will be responsible for the development of regional planning documents such as the Regional Transportation Plan, the Long Range Transit Plan, and the analysis and determination of Unmet Transit Needs for the region. The Public Transportation Providers will have the opportunity to provide technical advice during the development of these regional planning documents through the SLOCOG committee structure. As a part of the regional planning process, the Public Transportation Providers will assist SLOCOG with efforts to achieve regional goals including the requirement to assist in the attainment of state and federal air quality standards. 2.7 Application for Transit Funding As yet to be determined by 1.2.b, the designated Public Transportation Provider shall • prepare and submit an application to the FTA for federal transit funding. With the assistance of SLOCOG, the designated Public Transportation Provider will submit draft applications to SLOCOG prior to submittal to FTA. SLOCOG will review the accuracy of application, consistency of projects with FTIP programming, and prepare a letter of concurrence if information is accurate. The applications for federal funding shall be consistent with the . SLOCOG Regional Transportation Plan as required by federal guidelines. The designated Public Transportation Provider shall work with SLOCOG to develop consistent funding requests from all potential transit funding sources in order to prevent funding delays. 2.8 Program of Projects By October 15th of each year, the Public Transportation Providers in coordination with the North County Transit Technical Committee shall prepare and adopt a "Program of Projects (POP) consistent with the requirements of Title 49 U.S.0 Section 5307(c)(1) through (7). 2.9 Incorporation or Rejection in the FTIP SLOCOG will include all POP projects nominated from the annual urbanized area allocation in its entirety in the FTIP unless SLOCOG finds that (a) the POP is inconsistent with the planning and programming process in this agreement (b) there are insufficient funds to implement the POP based on the federal allocation, (c) the POP is inconsistent with the RTP and/or adopted local transit plans. Page 4 of 7 =`f If SLOCOG proposes to reject the POP, it will provide notice to the Public Transportation Providers not later than 10 days after it receives the proposed POP from the North County Transit Technical Committee. SLOCOG's Executive Director may provide notice by letter; the notice does not require formal Board action. The SLOCOG Board will act on the proposed rejection of a POP in a public hearing no later than November 15th. Whenever SLOCOG rejects the POP, the North County Transit Policy Committee shall convene, and the Public Transportation Providers shall resubmit the POP. Unless the new POP is rejected in the same manner, it will be incorporated into the FTIP as an FTIP amendment. This amendment will not require a separate 30-day public notice if the new POP is limited to projects considered in the FTIP public hearing on the proposed POP rejection. 2.10 Committees The following committees are established through this agreement as illustrated in Exhibit A. a) The North County Transit Technical Committee made of six (6) voting staff members: Two (2) from the City of Paso Robles, two (2) from the City of Atascadero, one (1) from SLORTA and one (1) from the County of San Luis Obispo. Three non-voting staff members shall include one (1) representative from SLOCOG, (1) one representative from the Air Pollution Control District, and one (1) representative from Caltrans as ex- officio members. b) The North County Transit Policy Committee made of four (4) voting members: One (1) elected representative from the City of Paso Robles, and one (1) elected representative from the City of Atascadero and one (1) SLORTA representative from the supervisorial district(s) the North County Urbanized Area, and (1) member of the County Board of • Supervisors from one of the supervisorial district(s) which include the North County Urbanized Area, acting as a representatives for the County. . The committee need only meet if there is an unresolved dispute with the POP, but may be convened if requested by signatories in this agreement. 2.11 Disputes If a dispute regarding the allocation of funds arises between SLOCOG and OPERATOR(S), the agencies shall negotiate in good faith to resolve the dispute. If such negotiation does not result in resolving the differences, the issue shall be forwarded to the North County Transit Policy Committee for review and recommendation. The recommendation of this committee shall be forwarded to SLOCOG for review and potential revision of the urban area POP. SLOCOG shall consider the recommendations of the committee and make a final determination of the POP. Its decision shall be final. SECTION 3: FTIP Proiect Monitoring & Maintenance 3.1 Progress Reporting The SLOCOG will be responsible for tracking the overall progress of all projects in the FTIP. SLOCOG will prepare a mid-year report for the SLOCOG Board of Directors to review that identifies those transit projects that have been programmed, and their status of completion (e.g., on schedule, behind schedule, or completed). In addition, as per TEA-21, SLOCOG is required to produce an annual list of projects for which federal funds have been obligated in the • proceeding year and will ensure that it is made.available for public review. Page 5 of 7 The Public Transportation Providers will assist SLOCOG's effort to track the overall progress of FTIP projects by submitting quarterly reports that address the status of each project receiving federal funds. At a minimum, the quarterly report will include: a) Identify and correlate the documentation of projects to individual categories as identified in the FTIP (e.g., Operations, Planning, Capital Purchase, Facility Maintenance, Planning). b) Document the stage of project implementation. C) If project is behind schedule, the reasons for the delay. d) Status of amount of federal funding obligated, received, and used to support projects. e) Identify the need for FTIP amendment. In addition to providing the above supporting documents, the Public Transportation Providers will forward to SLOCOG a final copy of all planning documents produced as a result of receiving FTA funding. This will assist SLOCOG in overall transit planning as well as ensure that FTA Section 5307 funds were used accordingly for planning purposes as per FTA's requirements. 3.2 FTIP Amendments SLOCOG's Executive Director will exercise the authority delegated by the SLOCOG Board to process minor administrative amendments, involving for example, changes in the project scope, shifting of federal fund between project phases within the triennial element of the FTIP. As part of the quarterly progress report, or sooner if required, the Public Transportation Providers will alert SLOCOG as to the need for amending the FTIP. In general, reasons for FTIP amendment includes, for example, funding shortfalls, delays in project implementation and/or new projects that need to be included to the document. SECTION 4: MOU Amendment • This MOU may Y be amended b the written consent of all parties. SECTION 5: MOU Termination Either party upon thirty (30) days of written notification to the other may terminate this MOU. • 46 Page 6of7 SECTION 6: Authorization of MOU • By signature, we agree that the responsibilities outlined in this MOU foster healthy collaboration for the purpose of fostering transit planning and programming federal funds within the SLOCOG Federal Transportation Improvement Program. Frank Mecham Date Peg Pinard Date Mayor, City of Paso Robles President, SLOCOG and SLORTA Jerry Clay Date Mayor, City of Atascadero Mike Ryan Date Chair, County of San Luis Obispo APPROVE AS TO FORM: APPROVE AS TO FORM: Date Date City Attorney, City of Atascadero SLO County Counsel APPROVE AS TO FORM: APPROVE AS TO FORM: Date Jac Crawford Date City Attorney, City of Paso Robles SLOCOG/SLORTA Legal Counsel Exhibit A- Flow Chart Exhibit B - Map of Urbanized Area X47 Page 7 of 7 INTERIM ADVISORY STUCTURE n Luis Obispo Ccwncii of Governments v e. of (POP)Is IhmsipwUPW ftW v*WW P f1rM.Odw : 1) an Area,2)Davbp pvpond PW,3) PW,4 Provide appwaaWy Aw and O) ase of Traetft Serves se UZ4 Convenes only If necessary North Cow*Transit("ley Commifae) oaW811:0006 (4 Opp~aemluus) Trallepwistlon 1«city of Poo Robin Pta+ and 1-Citya ll Progra ft"11 1 2-C4u* of SUPKWWM Actions and PWP"ond'Pr rr of >o StO�COC;i, consn Mt as needed (CTAC,RTAC,TTAC) IF NO IF YES IS THERE A DISPUTE? North County Transit (Technical Committee) 6 votlog miombors JnnMW . at San Luis Obispo SLO Air Pollution County of San Regional Transit Obis Council Control District and City of Paso Robles City of Atascadero Luis Obispo Authority Sf. Caltrans 2 votes 2 votes 1 vote Governments 11 rep.ea.) 1 vote Ex-officio I Ex o Atascadero Transit Templeton ITransit Planning, Air Quality PRCATS (Fixed (Fixed Route) Subsidized Programing, and StatewideRoute) Taxi d Interagency Plan Coordination Consistency Dial-a-Ride Dial-a-Ride �jRunabout Target Timeline for Development of the Program of Projects(POP) +February-June-Applications submitted to FTA,funds obligated,contracts signed,etc.(for projects already programmed) +July-August 15-Initial meeting(s)of Technical Committee on draft POP for new cycle +September 30-Technical Committee approves draft POP +Mid to Late October - Policy Committee meets to resolve disputes(only if nec.) +October 15-Deadline for draft POP submission to SLOCOG for FTIP inclusion +October 30-Local transit governing bodies approve draft POP. +November 1 -Begin required 30-day Public Notice for intent to approve POP at SLOCOG +November 15-If SLOCOG proposes to reject a draft POP that is approved by local governments it will hold a public hearing in early November. +December 10-SLOCOG approves POP,integrates into Federal Transportation Improvement Program. i� V Paso Rob las Urbanized Area Census 2000 (Pep. 6 ,762) GOminunity Boundaries Templeton �M r y Santa Margarita