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HomeMy WebLinkAboutAgenda Packet 09/13/1993 iL; f$viLW UPY PLEASL DO NOT REMOVE FROM COEWf.,P AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM JULY 13, 1993 7:00 P.M. This agenda is prepared and posted pursuant to the requirements of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be taken shall include: A referral to staff with specific requests for information; continuance, specific direction to staff concerning the policy ormission of the item;discontinuance of consideration;authorization to enter into negotiations and execute agreements pertaining to the item, adoption or approval,• and, disapproval. • 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 (Room208) and in the Information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. 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). Notifica- tion 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. RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item on the agenda. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comments: o Committee Appointments (Cont'd from 6/22/93) COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effective- ness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. * No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. A. COMMITTEE REPORTS (The following represent ad hoc or standing commit- tees. Informative status reports will be given, as felt necessary.): • 1 . S.L.O. Council of Governments 2. S.L.O. Regional Transit Authority 3. Solid/Hazardous Waste Task Force 4. City/School Committee 5. Traffic Committee 6. County Water Advisory Board 7. Economic Round Table 8. Colony Roads Committee 9. Liability Claims Review & Finance Committee 10. Nacimiento Water Purveyors Advisory Group B. CONSENT CALENDAR: All matters listed under Item B, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: 2 1. CITY COUNCIL MINUTES - JUNE 8, 1993 2. CITY COUNCIL MINUTES - JUNE 22, 1993 3. TENTATIVE PARCEL MAP 91008, 14000 MORRO ROAD - Subdivision of 80.92 acres into four parcels of 24.35, 11 .61, 11 .26 and 32.15 acres (net) (Rockstad) 4. SURFACE TRANSPORTATION PROGRAM and STATE HIGHWAY ACCOUNT FUNDING APPLICATIONS 5. PLANNING COMMISSION VACANCIES - Authorization to recruit 6. ANNUAL RATIFICATION OF SLOCOG JOINT POWERS AGREEMENT 7. RESOLUTION NO. 79-93 - Requesting alternative method of Property Tax apportionment 8. RESOLUTION NO. 80-93 - Adopting 1993/94 Fiscal Year Budget 9. RESOLUTION NO. 81-93 - Adopting 1993/94 Salary Schedule and Position Authorization • 10. RESOLUTION NO. 82-93 - Adopting the 1993/94 Gann limit 11. RESOLUTION NO. 83-93 - Recommending continuation of current Developer Fee Schedule C. PUBLIC HEARINGS: 1. GENERAL PLAN AMENDMENTS A. Resolution 76-93 - Approving an amendment to the Parks & Recreation Element to designate a community center in a downtown location (GPA 92-004/City of Atascadero) B. Resolution 77-93 -Approving an amendment to the Land Use Map of the Land Use Element of the City's General Plan from Low to High-Density Residential, 7000-7060 Los Arboles (GPA 92-008/Los Arboles Property Owners Association) (continued next page) 3 Ordinance No. 270 - rezoning certain real property a-Z i"1-1-'j",--`C.1'',-j (FH) to RMF/16 (PD7)(FH) (27- S .2 Association) (Recommend (1) motion to and (2) motion to introau-,,,,.� 0.". 2. RESOLUTION NO. 75-93 the 1993-94 Property Tax Bill 3. RESOLUTION NO. 78-93 - Auth-,,,,", charges on the 1993/94 Property D. REGULAR BUSINESS: No items E. INDIVIDUAL DETERMINATIQ?' 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager REAPPOINTMENTS CITY COUNCIL REPRESENTATIVES TO AREA COMMITTEES Committee/Agency Appointee(s) Alternate City-School Committee Bonita Borgeson Bob Nimmo Traffic Committee Dave Bewley George Luna S.L.O. Council of Dave Bewley Bob Nimmo Governments (SLOCOG) S.L.O. Regional Transit Dave Bewley Bob Nimmo Authority (SLORTA) Solid/Hazardous Waste Task Bonita Borgeson Force Liability Claims Review George Luna Bonita Borgeson and Finance Committee Colony Roads Committee George Luna Marty Kudlac Economic Round Table Bob Nimmo Marty Kudlac County Water Advisory Board Bonita Borgeson Nacimiento Water Purveyors' George Luna Bonita Borgeson Contract Technical Advisory Group REPORT TO CITY COUNCIL Meeting Date: 07/13/93 CITY OF ATASCADERO Agenda Item: B-1 Minutes for the City Council Meeting of June 8, 1993 will be distributed at a later date. 000001 REPORT TO CITY COUNCIL Meeting Date: 07/13/93 CITY OF ATASCADERO Agenda Item: B-2 Minutes for the City Council Meeting of June 8, 1993 will be distributed at a later date. 000002 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-3 Through: Andy Takata, City Manager Meeting Date: 07/13/93 File Number: TPM 91008 From: Henry Engen, Community Development Director 1 SUBJECT: Acceptance of Final Parcel Map 91008 to subdivide 80.92 acres into four parcels of 24. 35, 11. 61, 11.26, and 32 . 15 acres each (net) at 14000 Morro Road. RECOMMENDATION: Acceptance of Final Parcel Map 91008. BACKGROUND: On July 28, 1992, the City Council considered the above-referenced map on their consent calendar. Council concurred with the Planning Commission' s recommendation to approve TPM 91008 subject to the Findings and the Revised Conditions of Approval. All conditions have been completed by the applicant. HE:ph cc: James Rockstad Dan Stewart Attachment: General Plan Map 000003 ATT CHMENT �'�.,'` � ; CITY�F ATASCADERO TPMA91-008 A - LOCATION P �� t 14000 MORRO ROAD �sTOI ' ��"� • ROCKSTAD/TWIN CITIES C', scwn�• COMMUNITY DEVELOPMENT DEPARTMENT h/ O // - r� /1 -2c .p ids I 1 • in cn Al r �� 060004 JUL_Ud_177.5 11;G1J h'KUF1 NUKtH l:UH51 ENG91NG TO ATAS PUB WKS P.02 REPORT TO CxTY COUNCIL. Meeting bate. 7-13-93 CITY OF ATASCADERO Agenda Item: B-4 Through: Andy Takata, City Manager Via: Henry Engen, Community Development Director From: John Neil, Assistant city Engineer SUBJECT: Surface Transportation Program (STP) and State Highway Account (SHA) funding applications RECOMNSNDATION: Endorses, by minute order, STP and SHA funding applications (Attachments A through D) for the following: A. Road Slope Failure Projects B. west Front Street overlay Project o ea t C. Traffic way Bike Lane Project D. E1 Camino Real Bikeway Project DISCUSSION: STP E=grg a Descritation With the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) came the establishment of the Surface Transportation Program (STP) • STP funds may be used on federal-aid roads classified above a local road in urban areas or above a minor collector in rural areas. Eligible projects include: 1. Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational', improvements for highways and bridges. 2. Capital costs for transit projects and publically owned intracity bus terminals and facilities. 3. Carpool projects, fringe and corridor parking facilities and programs, and bicycle transportation and pedestrian walkways. 4. Highway and transit safety improvements and programs, hazard eliminations, projects to mitigate hazards caused by wildlife (e.g. deer, etc. ) , and railway-highway grade • 000005 . crossings. 5. Highway and transit research and development, and technology transfer programs. G. Capital and operating costs for traffic monitoring, management, and control facilities and programs. 7. Surface transportation planning programs. a. Transportation enhancement activities. 9. Development and establishment of management systems. 10. Transportation control measures (TCMs) . 11. Participation in wetlands mitigation efforts. Tho State legislation to implement ISTEA (Senate Bill 1.435) contains a provision allowing a Regional Transportation Planning Agency, such a SLOCOG, to exchange its annual apportionment of STT funds for State Highway Account (SHA) funds. These funds are required to be apportioned for projects in the same way as required using STP funds except that Federal design and environmental standards are not required. However, the flexibility of SHA funds is somewhat limited compared to STP funds. SLCCbG has already exchanged STP funds for SHA funds for the fiscal years 91/92 and 92/93. Projects eligible for SHA funding include: 1. The research, planning, construction, impr*vement, maintenance, and operation of public streets and highways (and their related public facilities for non-motorized traffic) , including the mitigation of their environmental effects, the payment of property taken or damaged for such purposes, and the administrative costs necessarily incurred in the foregoing purposes. 2. The research, planning, construction, and improvement of exclusive public mass transit guideways (and their related fixed facilities) , including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, the administrative costs necessarily incurred in the foregoing purposes, and for the maintenance of the structures and immediate right-of-Way for the public mass transit guideways, but excluding the maintenance and operating costs for mass transit power systems and mass transit passenger facilities, vehicles, equipment and services, A "mass transit guideway" is interpreted to be: a channel, slot or track in which a common carrier vehicle is fitted or linked so that its line of motion is 000006 JUL-08-1yy3 11:30 FROM NORTH COAST ENGsINC TO ATAS PUB WKS P.04 controlled. No other type of mass transit would qualify . for the expenditure of gas tax monies. Based on this restriction, jurisdictions in the San Luis Obispo region would not be able to use the SHA funds for public transit improvements (including purchase of buses, etc.) . Bikelanes would still be able to be funded since they are related to public facilities for non-motorized traffics. The six year STP apportionment target for Atascadero is $557,913 starting in fiscal year 91/92 and going through fiscal year 96/97. Again, SWCOG has already exchanged all STP funds for F91/92 and F92/93 for SHA funds. The total SHA funding available for F91/92 and F92/93 is approximately $298,552. It is possible to qualify projects which are larger in size than the funds currently available; that in to "spend ahead" to the target funding amount of $557,913. Basically, Atascadero is free to submit candidate projects to the above limit. Projects submitted for STP funding must be consistent with the Regional Transportation Plan, and then are rated first for solution to safety problems, then for congestion relief at critical locations, and last for providing basic maintenance. SLOCOG also requires that they be "classifiable as high priority projects involving the research, planning, construction, improvement, maintenance, and operation of public streets and highways." Gent_ Status Four funding applications were submitted to SIDCOG prior to the July 1, 1993 application submittal deadline. Two of the applications are requests for STP funding and two for SAA funding. Total funding requested is $542,958. For a more detailed description of the candidate projects, see attachments A through D. SLOCOG staff will compile a list of candidate projects by July 16, 1993. The San Luis Obispo Region STP Committee (TTAC) will then develop a proposed six-year program of projects (F91/92 through F96/97) at the July 16, 1993 TTAC meeting. SLOCOG will then adopt a six--year program of projects at their August 4, 1993 meeting. The approved STP projects are incorporated into the Regional Transportation Improvement Plan (RTIP) which will be adopted by SLOCOG at their November 3, 1993 meeting. Local governing board approval of the applications is required before the August 4, 1993 SMCOG meeting. FISCAL IMPACT= All costs associated with the projects have been included in the funding requests. There will be no capital outlay required by the city. 00000'7 J UL-eu�-ly7 3 11=61 I-KU19 NUK I H LUHS I LNU P 1 NG I U RTRS PUB WKS P.65 ATTAMONT5 9 A. SHA funding request for the Road Slope Failure Projects B. SHA funding request for the West Front Street overlay Project C. STP funding request for the Traffic Way Bike Lane Project D. STP funding request for the El Camino Real Bikeway Project STPAPT TOWL P.05 000008 ' r a N � h n - 19,8 . e CITY OF ATASCADERO CAD", June 21, 1993 Mr. Mike Harmon San Luis Obispo Council of Governments 1007 Monterey Street County Government Center San Luis Obispo, CA 93408 RE: STP/SHA Funding Request for the City of.Atascadero Road Slope Failure Project Dear Mr. Harmon: Per the June 2, 1993 San Luis Obispo Council of Governments (SLOCOG) Staff Report regarding notification deadlines for San Luis Obispo Regional Transportation Projects, please consider the following our formal application for State Highway Account (SHA) funds for the above referenced project . A. Jurisdiction: City of Atascadero • B. Contact Person: John B. Neil, Assistant City Engineer 805/461-5020 C. Project Name: Road Slope Failure Project D. Type Funding Requested: SHA E. Priority: High F. Amount Requested: $305, 000 Total Prosect Cost : Soils Investigation $ 10, 000 Surveying 4, 100 Engineering 15, 900 Construction 220, 000 Construction Staking/Inspection/ Administration 33 , 000 Contingency (10%) 22 , 000 TOTAL $305, 000 • DEPARTMENT OF PUBLIC WORKS • 6500 PALMA AVENUE • ATASCADERO, CA 93422 Admiraist.ediore/Engineering;8051461-5020 • Wastewater Treatment:461-5077 • City FAX:461-0606 00000 Mr. Mike Harmon June 22, 1993 Page 2 G. Project Description: The following four locations within the City of Atascadero are displaying road-slope instability and varying degrees of slope failure: 1. San Marcos Road 2000' east of the intersection of Los Altos Road. Approximately 200' of the road embankment has failed immediately adjacent to the edge of traveled way posing a significant traffic hazard. 2 . Enchanto Road 500' east of the intersection of Balboa Road. Road is currently narrowed to one lane along a 100' section posing a significant traffic hazard. 3 . Laurel Road 3700' south of the intersection of Santa Lucia Road. Failure of entire road slope. - Remedial measures have been taken to allow residents to access their homes . An 811 high pressure gas line and petroleum pipe line are threatened. 4 . El Monte Road 2000' south of the intersection of Santa Lucia Road. Road is currently narrowed to one lane along a 100' section posing a significant traffic hazard. The conditions at the above locations can be expected to deteriorate as groundwater levels increase. Therefore, repairs should be accomplished before the onset of 93/94 rainy season. Preliminary review of the slides by a soils engineer has indicated that the most cost effective method of repair would be regrading and the installation of subsurface drainage facilities . The above project cost estimates are based on the assumption that a grading solution is viable at each location. H. Threshold Requirements (1) STP Funds N/A (2) Consistency of the project with Article XIX of the State Constitution Per Attachment B of the SLOCOG Staff Report dated June 2, 1993 , the project is consistent with Article XIX of the State Constitution since its purpose is directly related to the maintenance of public streets . 000010 Mr. Mike Harmon June 22, 1993 Page 3 (3) Project consistencywith the 1990 or Draft 1993 RTP The project is for the repair of local streets in the City of Atascadero which are not covered under the Regional Transportation Plan. (4) Local governing board Approval by August 4, 1993 Yes, it is expected that the Atascadero City Council will approve the request before August 4, 1993 . (5) Funds expended within 24 months of SLOCOG action Yes It is our understanding that the total Surface Transportation Program (STP) funding allotted to Atascadero for fiscal years 91/92 and 92/93 is approximately $298, 552 . It is also our understanding that SLOCOG has recently exchanged these STP funds for SHA funds which can be used for maintenance and repair of public streets . Thank you for considering the above funding application. If you have any questions or require clarification on any of the above items, please do not hesitate to contact us. Sincerely, Henry E en :V Community Development Director HE/dmv 9214106 ATA 000011 r nl dF R rl' �. \;;9-' � : , ; CITY OF ATASCADERO June 28, 1993 Mr. Mike Harmon San Luis Obispo Council of Governments 1007 Monterey Street County Government Center San Luis Obispo, CA 93408 RE: STP/SHA Funding Request for the City of Atascadero West Front Street Overlay Project Dear Mr. Harmon: Per the June 2, 1993 San Luis Obispo Council of Governments (SLOCOG) Staff Report nsportatin Projects, regarding notification deadlines for SanLuis o Obispo Regional Highway anal T Acocount (SHA) please consider the following our formal funds for the above referenced project. A. Jurisdiction: City of Atascadero B. Contact Person: John B. Neil, Assistant City Engineer 805/461-5020 C. Project Name: West Front Street Overlay Project D. Type Funding Requested: SHA E. Priority: High F. Amount Requested: $142,400.00 Total Proiect Cost: $114,000-00 ConstruCtion 17,000.00 Construction Staking/Inspection/Administration $11 ,400-00 Contingency (10%) $142,400.00 TOTAL 0 DERAPT-%LENT OF PUBLIC WORKS 6500 PALMA AVENUE • ATASCADERO. CA 93422 - SO;4t,1-5020 lYuslraufir Ircutrrod: 461-5077 Cay 11X: 461-0606 000012 Mr. Mike Harmon June 28, 1993 Page 2 G. Project Description: Overlay/pavement reconstruction of West Front Road. The existing pavement is deteriorating rapidly. Placement of an overlay and repair of the areas showing signs of base failure will significantly increase the service life of the existing pavement. Full reconstruction of the road will be PP required in approximately two years if the deterioration q goes unchecked. H. Threshold Requirements: (1) STP Funds: NIA (2) Consistency of the project with Article XIX of the State Constitution: Per Attachment B of the SLOCOG Staff Report dated June 2, 1993, the project is consistent with Article XIX of the State Constitution since its purpose is directly related to the maintenance of public streets. (3) Project consistency with the 1990 or Draft 1993 RTP: The project is for the repair of local streets in the City of Atascadero which are not covered under the Regional Transportation Plan. (4) Local governing board Approval by August 4, 1993: Yes, it is expected that the Atascadero City Council will approve the request before August 4, 1993. (5) Funds expended within 24 months of SLOCOG action: Yes. Plans for this project are complete. Thank you for considering the above funding application. If you have any questions or require clarification on any of the above items, please do not hesitate to contact us. Sincerely, Co^imunit\, De\elopment Director H E dm\ 000013 wr 0.1 lots ?�a a , CITY OF ATASCADERO • C" June 28, 1993 Mr. Mike Harmon San Luis Obispo Council of Governments 1007 Monterey Street County Government Center San Luis Obispo, CA 93408 RE: STP/SHA Funding Request for the City of Atascadero Traffic Way Bike Lane Pro j ect Dear Mr. Harmon: Per the June 2, -1993 San Luis Obispo Council of Governments (SLOCOG) Staff Report regarding notification deadlines for San Luis Obispo Regional Transportation Projects, please consider the following our formal application for Surface Transportation Program funds for the above referenced project. A. jurisdiction: City of Atascadero B. Contact Person: John B. Neil, Assistant City Engineer 805/461-5020 C. Project Name: Traffic Way Bikeway Project D. Type Funding Requested: STP E. Priority: High F. Amount Requested: $75,538.00 Proiect Cost: Con;trL]Ction $130,028.00 Engineering, Construction Staking, Inspection, Administration $ 3,507.00 1 Contingency (10%) S 13 003.00 TOT-\i $175,538.00 DEPARTMENT OF PUBLIC WORKS • 6500 PALMA AVENUE • ATASCADERO. CA 93422 ;07 4h1-5020 IVnslrtrortrr Treatment: 461-5077 • City 1AX: 4b1-0606 000014 Mr. Mike Harmon June 28, 1993 Page 2 Project Revenue: Proposition 116 Funds $100,000.00 STP Funds $ 75,538.00 TOTAL $175,538.00 G. Project Description: The proposed project is located near the downtown area. It consists of a class II bike lane on both sides of the roadway for approximately a 2.6 mile stretch. The project begins at the intersection of San Benito Road and Traffic Way and ends at the intersection EI Camino Real and Traffic Way. This route provides a linkage between two schools: San Benito Elementary School and Atascadero Junior High School. The intent', of the project is to establish safer and more convenient commuting conditions for cyclists in the area, especially school children. The lack of designated bike lanes combined with industrial and other traffic poses a serious danger to cyclists along the Traffic Way corridor. Reported auto/bicycle collisions along Traffic Way range from 7% of all such accidents within the City to 14% (SWITRS reports for Atascadero). H. Threshold Requirements: (1) STP Funds Per Attachment B of the SLOCOG Staff Report dated June 2, 1993, Section B item 3 states that STP funding can be used for carpool projects, fringe and corridor parking facilities and programs, and bicycle transportation and pedestrian walkways. (2) Consistency of the project with Article XIX of the State Constitution (for SHA funding) N/A (3) Project consistency with the 1990 or Draft 1993 RTP Tne Pole t coordinates with all local and regional plans. The bikev,av along Traffic Way to West Mall is included in the Regional Transportation Plan and is consistent with the Circulation Element of the General Plan. 40 000015 Mr. Mike Harmon June 28, 1993 Page 3 (4) Local governing board Approval by August 4, 1993 Yes, it is expected that the Atascadero City Council will approve the request before August 4, 1993. (5) Funds expended within 24 months of SLOCOG action Yes. Thank you for considering the above funding application. If you have any questions or require clarification on any of the above items, please do not hesitate to contact us. Sincerely, _ Henry Engen Community Development Director HUdmv 000016 _. ,H, CITY OF ATASCADERO 0018 l� r �-i \ C" June 28, 1993 Mr. Mike Harmon San Luis Obispo Council of Governments 1007 Monterey Street County Government Center San Luis Obispo, CA 93408 RE: STP/SHA Funding Request for the City of Atascadero EI Camino Real Bikeway Project Dear Mr. Harmon: Per the June 2,.1993 San Luis Obispo Council of Governments (SLOCOG) Staff Report regarding notification deadlines for San Luis Obispo Regional Transportation Projects, please consider the following our formal application for Surface Transportation Program funds for the above referenced project. A. Jurisdiction: City of Atascadero B. Contact Person: John B. Neil, Assistant City Engineer 805/461-5020 C. Project Name: EI Camino Real Bikeway Project D. TNpe Funding Requested: STP E. Priority: High F. Amount Requested: $20,020.00 Proiect Cost: Construction $273,877.00 Planning mapping $ 39,502.00 Engineering, Construction Staking, Inspection, Administration $ 54,253.00 Contingency (10%) $ 27 388.00 TOTAL $395,020.00 DERWT-ktENT OF PUBLIC WORKS • 6500 PALMA AVENUE • ATASCADERO, CA 93422 It);4t,1-5020 lirnlnrint: 461-5077 Crlu FAX: 461-0606 00001'7 Mr. Mike Harmon June 28, 1993 0 Page 3 (3) Project consistency with the 1990 or Draft 1993 RTP EI Camino Real is identified in the 1990 RTP as an area where bike accidents occur frequently. The project ve therthe safety oftheb�ycle n of bikeways which are intendedp commuters using the El Camino Real Corridor. (4) Local governing board Approval by August 4, 1993 Yes, it is expected that the Atascadero City Council will approve the request before August 4, 1993. (S) Funds expended within 24 months of SLOCOG action Yes. Conceptual plans have been completed. Thank you for considering the above funding application. If you have any questions or require clarification on any of the above items, please do not hesitate to contact us. Sincerely, Xlv" Henry Engen Community Development Director H E%d my Al 000018 Mr. Mike Harmon June 28, 1993 Page 2 Project Revenue: Proposition 116 Funds $375,000.00 STP Funds $ 20,020.00 TOTAL $395,020.00 G. Project Description: Construction class II and class III bikeways along EI Camino Real from Santa Barbara Road to Del Rio Road. EI Camino Real is the main cross-town arterial road in 'Atascadero. Approximately 90% of the City's population lives within one mile of this road. It is used by commuters to travel to destination employment centers, schools, shopping centers and other commuter terminals, such as commuter bus stops and Park and Ride facilities. Virtually all of the City's commercial activity is located in this seven mile corridor. Traffic accidents involving cyclists are frequent along the EI Camino Real corridor. The California Statewide Integrated Traffic Records System (SWITRS) indicates that from 1987 to 1991, 36% of all bicycle accidents in the City occurred on El Camino Real. The highest concentration of these accidents happened between the intersections of West Mall and Highway 41 . The 1990 Regional Transportation Plan identifies EI Camino Real as an area where bike accidents occur most frequently. The lack of designated bike lanes is a contributing factor to these accidents. The variable %width of EI Camino Real creates dangerous conditions for bicycle commuters. The cyclist is either forced to share the road with the auto in narrow sections or strategically maneuver through parked cars and traffic in wider sections. H. Threshold Requirements: (1) STP Funds Per ,attachment B of the SLOCOG Staff Report dated June 2, 1993, Section B item 3 states that STP funding can be used for carpool projects, tringe and corridor parking facilities and programs, and bice cie transportation and pedestrian walkways. (2) Consistency of the project with Article XIX of the State Constitution (for SHA funding) 000019 REPORT TO CITY COUNCIL Meeting Date: 07/13/93 CITY OF ATASCADERO Agenda Item: B-5 Through: Andy Takata, City Manager From: Lee Raboin, City Clerk SUBJECT: Planning Commission vacancies. RECOMMENDATION: Direct the City Clerk to open a recruitment soliciting interested applicants. BACKGROUND: Commissioner Don Hanauer's term is due to expire September 1st. In.addition, Commissioner Roger Miller has filed a letter of resignation following his acceptance of an offer of employment that will require him to move out of the area. Mr. Miller's term is not due to expire until September 1, 1995. The City Clerk is hereby requesting authorization to begin a recruitment process to fill the two vacancies. It is anticipated that Council would be asked to interview applicants sometime in mid-August to allow selection -and appointment before September 1 st. Attachments: Commissioner Miller's Letter of Resignation Ordinance No. 200 (setting forth terms) 000020 - 1993 July 2,1993 CITY OF ATASCADERO h CITY CLERK'S OFFICE City Council City of Atascadero 6500 Palma Ave Atascadero, Ca. 93422 Please consider this letter as my formal resignation from the Planning Commission effective this date. I have accepted a position offered to me by a firm in San Jose, California and will be relocating there to live. I enjoyed my time spent as a member of the Planning Commission and regret not being able to fulfill my remaining term. Sincerely Roger Miller 6675 Santa Ynez Ave Atascadero, Ca. 93422 000021 I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING SECTIONS 2-9.02, 2-9.03, AND 2-9.04 OF THE ATASCADERO MUNICIPAL CODE REEVISING THE TERMS OF OFFICE OF THE PLANNING COMMISSION The City Council of the City of Atascadero , California, does ordain as follows: Sect;on_l. Section 2-9 .02 of the Atascadero Municipal Code is amended to read as follows: S?c -9 02 . UMbersz. ApDointment• 'germs of Office. The City Council shall appoint the members of the Planning Commission . Three (3) members have been appointed for terms which shall expire August 1, 1990 , and four (4) members have been appointed for terms which shay_ expire August I, 1992. These terms shall be extended to September 1 of the respective years . Commencing September 1, 1990 , one (1) member shall be appointed for a three (3) year term, which shall expire September 1, 1993 , and two (2) members shall be appointed for four (4) year terms, which shall expire September 1, 1994. Commencing September 1, 1992, two (2) members shall be appointed for three (3) year terms, which shall expire September 1, 1995 , and two (2) members shall be appointed for four (4) year terms , which shall expire September 1, 1996. Thereafter, all terns shall be for four (4) years and shall expire four (4) years after September ist of the date of apaoiatment , except those appointments made after the commencement of the term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term_ Section 2 . Section 2-9.03 of the Atascadero Municipal Code is amended to read as follows: Sec . 2-9 .03 . AbLsence from Meetinus. Absence of a member of the Planning Commission from three (3) consecutive meetings, or from four (4) meetings during a calendar year, without formal consent of the Planning Commission noted in its official minutes , shall be reaor_ed by the Planning Director to the City Council for consideration of removal from office. Section 3 . Section 2-9 .04 of the- Atascadero Municipal Code is amended to read as =ollows: 000022 ORDINANCE NO. 200 Page 2 Sec . 2-9 .04 . Members: Removal from Office. A member of the Planning Commission serves at the pleasure of the City Council and may be removed from office, with or without cause, by a majority vote of all the members of the City Council. Section 2 . The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section _= 36933 of the Government Code; shall certify the adopting and posting of this ordinance; and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 3 . This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by Councilman shiers and seconded by Mayor Dexter the foregoing ordinance is approved by the following roll call vote: Ayes: Councilmembers Lilley, Mackey, Borgeson, Shiers and Mayor Dexcer Noes: None Absent: None Date Adopted:01/09/90 ROt LIN DEXTER, Mayor City of Atascadero, California Approved as to form: ART3ER R. MO ANDO , City Attorney Approved as to content: RAY �v�i SOR, City Manager .AP ORD: 3 00002.3 AGENDA ITEM: B-6 STAFF REPORT MEETING DATE13f3 SUBJECT SLOCOG Joint Powers Agreement; FY 93/94 WMMAKY This report presents the draft SLOCOG Joint Powers Agreement(JPA),with changes highlighted, for the coming fiscal year. The proposed changes were approved by SLOCOG at their meeting on June 2, 1993. Each jurisdiction is being asked to ratify the agreement. RECOMMENDATION Ratify agreement. DISCUSSION . Ratification of the SLOCOG JPA is required to be carried out annually. Modifications are made each year in response to new responsibilities or Council direction. Last year, changes focused upon the new Metropolitan Planning Organization/Congestion Management Agency functions. This year's modifications are highlighted on the attached agreement and include the following: o Inclusion of the adopted Mission Statement adopted in April, 1993, in Section I Purpose. o Incorporation of changes required by independent status, including; clarification of roles for Executive Director, Legal Counsel, Treasurer, Controller, Executive Committee. o Clarification of minor issues and word choices. o Codification of citizen involvement required by new federal law (ISTEA). o Change of agenda distribution time from fourteen to twelve days. o Modification of quorum requirements from two (2) "county" representatives to one (1). Copies of the agreement have been sent to each member jurisdiction for their review and ratification. Once approved by the County and at least four (4) cities the new JPA shall serve as the legal foundation for the organization. Upa9394.dan D-1-1 000024 San Luis Obispo Council of Governments Arroyyo Grande Atascadero Regional Transportation Planning Agency Grover Beach Morro Bay Metropolitan Planning Organization P1as srnoa��h Congestion Management Agency San Luis Obispo i San Luis Obispo County FY 93-94 JOINT POWERS AGREEMENT OF THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS WITNESSETH: THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended on November 4, 1982, September 19, 1984, July 19, 1990, June 10, 1992, and June 2, 1993 by and among such of the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et sea., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create anarea planning council; and WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and WHEREAS, Section 29532, California-Government Code, provides that such a Planning and Coordinating Council shall be designated the Regional Transportation Planning Agency to act in matters of transit and transportation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and D-1-1 000025 1007 Monterey St.,San Luis Obispo,CA 93408; te,l. (805)781-4219; fax. (805) 781-5703 WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal fundnd sate whichlslation in may be desiaed by COUer to C1NT1' in the allocation and disbursement of state and federal and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE : ,t>t.+ro••�xrx:;t .s;4`R:i:C4�:: .:• xk��ll :..,.•::•:,,.„�:2.?::..:::..:;:xv.�\t.\4:t• .t\.,.. q-��7 ,,. �c�.s��"x” •yn��µ�� ":;•<.;<�11Y'`•'•�1 �(�,�R, ]�..yXi ........ .+ICRC\.......�' L�.<..�:•..::......, .M1.. :V.aii mei ., bL�-el,.!d',.,"''"•4,-,`�a4:i �4l;i:•?:?ix::,YL?x'<Cv+::<{::rk-u5n'ac:!i:;x'< •••' l:;il��!�4.'W..'�l:�F. w\ t•1PY;4h•4\� \�.2•:{{i<\�wNC,\KK / ..«M;{.xtL`a<aa:.\:..,tM,;..;.c..?::::.•:.:a:x<2{.,.v,.,.aa<{ :«,� ,�� .:<:�:;; '<..::.;,a?:;:2;R;<'<Y: :: .......:::�,. 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K-itji iv_::k\\'. \\a:'k}tk•:{:::xv}h:• - yy;•� ��y.g� �r �@� /�y��y,�#>,�y�yy��y.���y} ��'• •`.r4k:C���,�o,K}iA�iA -}:\\\\::+�ti'•�.\�k::k.-:::. `. �ay\.\r+ :k> VI�Lb�L.}.i:� ���Tr�Ca7��' y!4t�}/,.sF:+:•�;•i(4�Rs'�kli� 'v3}\ri3x`;ko.'k �./:����"-� v' d\�� � �i��::���. :.{�. :. ..}Y.,{2. :{,.\+i:,wtv..4'1Qktk;v`.k-A.'SC•>..\.,{'iWiA:MY.\\kk,.�,�i nv:`J. �rti/•�iAc. ._.-�\.,- \+v:�:'.o« k;\tiYy\\�\\\�'-'-}a ::S::i..:.,..,3xC3:,;:{k\iJ�:a^.>{:x;:w. •w�Lkk•�:..•u,:-. \v II. ESTABLISHMENT OF THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG) Upon the effective date of this agreement the parties hereto reaffirm the establishment of the San Luis Obispo Council of Governments hereinafter, SLOCOG, a separate and distinct public entity, as the agent to exercise the common powers provided for in this Agreement, and to administer or otherwise execute this Agreement. When originally established, SLOCOG was known as the San Luis Obispo County and Cities Area Planning and Coordinating Council, subsequently renaamedOCOG, entity renamede as the San Luis Obispo Area Coordinating Council. SLOCOG, successor original COG established in 1968, insofar as its predecessor entity has been designated, and insofar as legally authorized shall function as: 1. The Area Wide Planning Organization (APO), as designated by the U. S. Department of Housing and County Development (HUD); 2. . A Council of Governments (COG), as designated by the Governor of the State of California; 3. A Regional Transportation Planning Agency oR(R TPA)Califas designated by the Secretary_ of Business and Transportation Agency of the Stat D-1-3 —3 • 00002'7 SLOCOG JOINT POWERS AGREEMENT. c:\wp5 l\resos\1993-94.jpa 4. The Metropolitan Planning Organization (MPO) as designated by the U. S. Department of Transportation; and 5. The Congestion Management Agency (CMA) as designatedthe G ounty of San over Beach, Luis Obispo and the cities of Arroyo Grande, Atascadero, El Paso de Robles Morro Bay, Pismo Beach and San Luis Obispo. III. POWERS The San Luis Obispo Council of Governments hereinafter calledCalifornia LOCOGGovern,11 is ereby e t created as a voluntary agency pursuant to applicable provisions of the purposes hereinabove stated and to implement the approved Code with the power to carry out the contract for goods and services; to provide for annual work program, including: the power to c::a.c..t.e:pd-.dt:v�:i..g..4>-.i>.f:. ts,olrod aannsc,ve..grants; , Personnel experts and consultants; to aEMIR! RED ,y th i s the affairs of L CO hereby n a� an Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of theSLOCOG shalall of be the debts, liabilities and obligations of any of the parties to Ag provided herein. IV. MEMBERSHIP 1. Membership in SLOCOG shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for membership in SLOCOG. Representatives of the COUNTY and CITIES shall be apponed t serve on the bodies of the SLOCOG in accordance with procedures established by each of the bgoverning of the Board member agencies. Representatives to SLOCOG shall consist ein office androf one member of Supervisors of the County of San Luis Obispo from time to tme from the governing body of each incorporated city within incorporated ndaries of the County of San Luis Obispo which is a party to this Agreement, with area being limited to D-1-4 000028 SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1993-94Jpa one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. The Director of the California Department of Transportation, District 5, or his appointee, may sit as an ex officio member of the Board while sitting as the Congestion Management Agency. He or she shall receive all meeting notices, shall have the right to participate in Board discussions, and have the right to request matters on the agenda, but shall not be counted towards a quorum of the Board and shall have no vote. { 3. Member a1zy-_ agencies may elect to have an alternate membersrQ ..:.` <.; :y in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate(s), or changes thereto, shall be transmitted in writing to the Executive Director of SLOCOG by the appointing city. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the SLOCOG may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. V. OPERATION l. The powers of SLOCOG are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or funds which require action by the SLOCOG. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of SLOCOG mav_ have the effect of precluding any favorable action by an agency of the state or D-1-5 —5 000029 SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1993-94Jpa federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by SLOCOG pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said SLOCOG, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All costs incurred by SLOCOG performing functions as the MPO, RTPA and CMA for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et s ., Government Code as provided for therein, and State and Federal planning funds. year which are necessary for the ordinary 3. Costs of SLOCOG for each fiscal including but not limited to saz offices ace furniturean cs > ' operation of SLOCOG, t g ° ,w...... P<<fi�:>�}:�:<h.: .tr ,` #: �pd �u: an and su lies' g:.:: -.11,10a.: { :.} :: :.. a ..;.;\;: PP "\\ ♦t\\l\. `\ \�, •: R>C:a. 2?.•F�C w.:. \' " •..:<:. :;:>::.:;:,,:-:::.;.".��;.:,..\u.\.\.\..;.,,.?:;;.:;, :: <::�:.\..\.::.<:;;;<,:;..+...� ��.�:::�::...;<�:.•;�0::`O h 1 b o y contributions b me by ��eFr� �\Extraordinary costs as recommend by SL C from the member entities as approved by their governing bodies. - ..... ..:: ::..,.....::v\-::??i.:J???:O?:_:j":t.:iiR:iv':tiiiii:?:}?ii??.:^:.,.• ..a N::? tle::anatwvor :.shall.. fvo .....::...::.::...: ::.::.�:.???:.::::::;-:::>::??::.?:;:;.:;;;.?:_?.;.:.?•:.;-::n. :............ -:>.-,.. :.,-,,. ,.,.. \ ,,....,...:..:.. . >: • .:: .;' shall be-�undec� rr€�ntr�buttorEs��_ :?::::::::::..:::..::.....::::::::::::::::: ?....,.. .. ?....+..,..,.,.....,,......... . 4. The annual work program and budget, when adopted, shall be the basis for operation of SLOCOG for the fiscal year. Any deviation from the work program affecting the -\.,..\:. ..:. ............:nv \}}Y.O?i?:'i?:?`�;•?:iir:vr,-%:ix:x;h:isAv'?ryY.r.+,vi<vJ::?...i�•??',.;;.' - \\\\`?4}:,11\4?"\ UUU budget shall be - - ti . ::.::.;.::::,:;>. agencies for \.� . .- \M. ? returned to tfie member as.per o , C »>I 'i'P1AZnd A\ Z ................................. :.... .x: sem;•. .....�:-::•::::::::>;;:-?::?:?:: :::•::• approval. 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including one (1) COUNTY representative. No action shall be effective without the affirmative votes of a majority of those present. However, eight (8) affirmative votes shall be required for taking any action in the event any;agency demands such a vote. The representatives to SLOCOG shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of SLOCOG in an orderly manner. • D-1-6 0000;30 SLOCOG JOINT POWERS AGREEMENT c:\wp5 t\resos\1993-94.jpa VI. OFFICERS 1. The officers of SLOCOG shall consist of a President and Vice-President elected for a term of one year by a majority vote of member agency representatives to SLOCOG. 2. Both the President and Vice-President of SLOCOG shall be elected at the June meeting. 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President: 1) Shall preside over all meetings of SLOCOG as Chairperson. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said SLOCOG. 4) Shall be an ex-officio member of all committees. 5) Shall execute all contracts and legal documents on behalf of SLOCOG. b. Vice-President: 1) Shall serve as Chairman pro-tempor in the absence of the President. 2) Shall give whatever aid is necessary to the President in administering SLOCOG. 3) Shall be an ex-officio member of all committees. 5. In the event of a vacancy occurring in the office of either the President or Vice-President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County 1�5� Luis Oetfp°the balance of thesuch vacancy ll be unexptlled ired by majority vote of the SLOCOG, the off term. D-1-7 000031 4 . SLOCOG JOINT POWERS AGREEMENT c:hvp5 f\retos\1993-94,jpa VII. PERSONNEL12 ;TE .:,w:••,;a+et:;`:t;,gn�::co,:i:,;:.•.,,•« ;to-r <+F,•�c^2"i �;::;:;%::'f's`;}::;:>:_;:y.?:•'.;.�f•`r.0 ...2�Si: 1. Executive Director. Al e t � k ms, � � wF awl l' w .� ' ., :yy\-;{{•ct.},'.;;}..`�p\�v�a..Y�:`ay:.x�:y��;«•rp>.r.:^;•{`.ye:..v,;••��YY•:eu:nc:: `.``K\ �, r,.:4•::...:'...�'Y'•?::•"V.'�3,ot`k<ivabt ts.L fei��Ywy�rGti.1L4CV•V1�Y17� y$, \ 4k }:v+Y.o+:}?}•ut\tk+...:`.'�xya.}Aafi tVllakl41 tFMr t + .............. ........:...:.iii..+.::-;.:.;........... _ CCTy. ••.�t\tl • �:�\. '�`. .,.Z�� ,(7( ,�t� t�+p�r {�;iR+!�..�.:��.�?ci1ti:+�,:;:;:i:.: t•A�G >`.`;:�a•:}:\-\.. Y,'i.`\,��`.�. `U:: � � �:#t:}'W.t,:A.xi,.4;?i:�\�QA;:x.•.:::::.}:••.i-t::p:TJi•\'+�ti�.+4:-+. :'^}:4 - a.";:;:::�:;;:;-?:\:.�V�:1:;Vg:\�l�....\"t'.ti;.}ii:a •.'+i.•Y::::2cY>:a:..\u;?:`.v;,:: , �.•, ....::Yax;\++:v.:\':'•�aL•viic;�+•t,��i5.t+�.',• .;}.:�.i ..`x ti. ..Sv:-?tf''::••:~roh3Y::.:..•..t.:'a:..::�y ,tet /��''�+ r�-'.Ji * '""�.`"' •,:`''':`:":`: ` '' re oration of the annual work program and -+`.\ii.�\\+\w.,+,..:•.,.tt;:;;a:\..\aWo-tamav;oxt;ti. .... {1'v •��;.t , budget to SLOCOG ...._:6e.,•< <<::}}+:........+,.F,..,t�.+ +...... + +....ii......:.r:-:.:::::::r;;,ii6::i. :. ";l oro:<:itYY:.-'ty.::;F-T,::S:r::c<:.:..:b�ii:(>.3:i;+:':•::i;:j';'^,�`�� +i'•\�.�v,;:A�\�`.i:.::+;:\:"w::ir-`:r:"..`.., .:;� �`.'' +�,�•�:��r p�,� ::.LQ�,���. 74i?- ?cil vF - `?:\;�\`: .,_� :.� ��T.V.4;4iis�:��tin;!s..- ,,....:.:,.:-:ati:•>3•xYrr..•tao..,;,.i.:.; G ;i�:+:;:->._-;.��t�p..;::HCl. t#�...��'..': :<<�:a<�=:<::K ;.�N:;-:;.;•:;,:v F3oar - d. Disburse all funds in accordance with the policies of the County-Treasurer and the County Auditor/Controller and the budget and work program adopted by SLOCOG. :..� <> t:d �al a ---;;tv%-:---- .•.•.v::::::...'....Sl t-i:x:in .. R:{4...:i:.v..tiv::;•i:} written year end report reflecting activities of the preceding fis year, said year end report to be distributed to each of the participating member bodies. f =: Fnt,�s� + se, s �d_ sc�ltne.,i or remove S`1=.��QCr ernptoyees olzcies aztd �i�ces�dopted.by SLOCfOG :: "` :'` Cr Maintain a record of all moi©ins i correspondence and reports : .::::::.;:;;; of SLOCOG. h�='� Cantract��d�t�t��ei�#��te�c�tt.� �a �ual�ud.�r ox<SLOCOc,�- _. tl Perform:such Other duties ..........fs yequize ancar y : �lrcies and J I�faqntatn custody and c� tr of all property of SLOCOG, ttier . rnonleS'and SECilritl�S: D-1-8 000032 SLOCOG JOINT POWERS AGREEMENT c:1wp51\resos\1993-94.jpa • r.,.Q:u.,nset:�..:;.:::a.::•:.::;,i:;::{.:,.>•::::..t..h....e fr ..b::::....�..,.•.e.,,�.:,:•a.::,}�:y�•::,:}::�:•A::.,:.\\�;:\a:Y:'Yu:>:•.::a+:+,:'yy�:�,'�:,\\,.�\?\;.�..�:::Yi..:.a:Y{ ;a}::.l:••.v .\ ,• t:a{a-.�ro :•'•R..i� a,A � 504 : » : l3c• �•-}:'.`� x\vri,Atii•:a•.v:•iih'•�.ant'v:•4a:{,ta:\trn\'a},,•:.. ' .... : .,;,ve:..,t'w,t:cY::??iS'�"'t::•'h;}'Y;.y:�+2':«i?.,vsp'-ti':'aYY�c �i;\4v::.::tity?,"":�+�:i0\+:�it'•:i't�Y::h\'i•'... :.ti +t xr c}; '4� .• '\ +a5 ....:�.\:+:•vv�A\v':S`ai:•:A<:a.sa-}:vt{Ai.t�xx» 34};a' :.LYaia}}}A.I.CG:Ct:1i4lNX•}`it::;fi-.•• reast�re �ll� ....::.:...........:....: :;:::.:{.:"{. �?• a>�y,;�\:+}}.c:t::�R. ,+\.�..:,?.\\.♦ ,; .: A y��} ht•K�'�(� (4 RWV}'�.iy'�?F�.).f,.r,;td .}.::.. 2 t�.tia�y��� ii }�., �tom'Vtki.�: �:i/.i.{}Y?�:: ;��47i.{;••' a: .....,??A'yi.:.xryr.:{.xoxY\\•xw•,,r`da�'w^,Y� ,•�'.',vai`;i LXa"rxriic s ::�\Y i7 ,tTki � '.L`:`:Y,,:.`:�Raa. .:.,�j:;+. ya •:{::a4 •{.y?{ Ya:.. ..... ..... :':.{:.. ;,3,-:,v:.::Yc:•:Y:<>:,;•r;�{:: -:+::��-?.:�' ::x <PY;�Y; r:>:. :.4:. -.;i-fi:nv .. .:�; .:.:�:.�:�-.,,�.�..•:.;�,�;_:Yy._:;';,Kv\\\\ v.\';:A•x;.,•.r��•::At?s::;?{.,.:{o•'�•...:.wta.{?,..�?•:.+ro:,,tv:::.?•}<xa`.•}xi;.aisg:,�.'•..:a•.at`•,a•:t•::•a}3.?{.\'Se• �sa.,,cY{:}.• _ , \+\ +. \\:ham. vh'\\\\\ '4\4{C•t.Yy:..v�.....•,-..r....:..r,.... .lv.::;};}:A:ir.H•v:`r'••.a..}... .:.,.�r.:.;..: .„� c<.+:y':=::;� -\ � i✓.. � "�••, �ti�F:`-:,,t ;.}.yt\:y-�::t a.�.S`x.T}w..•.}4'?y!Y?':i.''.'; ��'4h��3.. +x\�r -...,:,,\_`i�a.. �,. � � •w`i"\�y :ry\ ':+�''�?..:,'L,�#•:::n'":.::3:}Y�::r.. . S:T:•a .:`r. ::,'v '.r: `•\.�`i...Y•.{ �r T`, �\ v. M j� > ilb� e • .' V �1,om :4i •iiV1'+AI:s.4Ri;� 4ri7m' 2ocYLtiY: �:�' \"�:.�a�':ah'+:a��'\a\�ti\-.L\�; ?Y:';�:a�ssss3Yaaic" Y.�.AwwX2.«{Ysceco-�«'Nz:�d::r,Y;v:««}x{:�aYYx«Ys<::A,t;ctsc?<}.:..\�.a�t,�a«' NN „ „ };•:?9qw±•Mx\•�a�,':?:•:/,.+.x•:?{a.";• t.:('�, +sr}:;.:ti:- ,\�„_a,•. " K'','.. �f'•`'''Ak•1�1►c'`•'�?,[� ..:v.•- .\\ .`YaJ: /�:y��} C: (ilk' ....:.:':,YY.: ;;,?;•r:!:xc -....... ;z'..:•:}{ \, \ \ }. ik`�:•::a'-T•:tf.K ...G�...r':-:-Zv�..v :,?4 v'.'•:•:.•r:<•'::•:v. •:S:i':y\v:yM.?,\'{}:v:'1x-?t^y ::•V:y.;•. -. :.._ v,::}........ \\,\::}:.:-`\, ` \.:...}.....r:..ii`:::::{t.f.v:Yy: _ r..tr•-y:.?:: .\\\•• - n� • 'o'::f .c: tik4A�i.' 4�?V4kgi• }<'-x2::-tya:?:Y .y \ \} '. � ,>.i�t�t. :?i;•^`^•.?:::;}:•^r`.::,:.�?•:::•yxax•:y;:•x;;«c.:.{::: .:yr?}.<,-:;:-.}\'•y}ry:Y.a{;yv .:a Y;� .: ,..; ... ,.,,` e Invest Winds:: ...::.:. :::...::::::::::::y:::{::.yy:y:.::..::.... . 't. is-.. � 1vr:I ::: :•Y.. tii iiL�'+: \ `' f 'si €Pc ...:..::......... . thecontrroie61 r.£or th3 \; The_Cani-r-68 shah <wa�rahts�tQ >:a dente_agaYn��:$LQ ..- �r when. a _ Draw P Y: a roee�b ... d�c�r t © fEx #ave Dretor. eSheat csresptn�ib tiie > - be d b SLQCO� money D-1-9 000033 SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1993-94.jpa d:4•: la3.lt =4 \i'v+tV'.'.1 :d >:acx0unt-:i:Vn:S::ilil :Ill3�.. : ::.�:.: Yom!... •'v'•:::•:{ -+ ::.=Sw•.\\�2.5C5kAvv.A•.w.'h:...:..................... { accept; !CCtEF�:��dC�!�. :.:.v.:....:..........,,•.vw:::++::.•.,:..n:••{•:d.\Y{:':: }\i:4}}--S{•\}' v\+:PSM: :i: :i•:+:IX•}S:':S{}:•},ii}}:':i. ;F}}}�y} '\{-}:{.}}y:':A: -}:,\:nS;:G1{}:. \ \<} `y * \ OX { jJ� LQCO �. c Malce;,avaab� 03 ,. '..{. n+:{::�'VY.'^,+� �:v...::•s:!:::w:v::.:...:,:.:.:............::.. n. .............:�e�X}y:..,}+:•}:{:!:`: Ud :.:............•..:{::v.::::..y...,ti\.-!i::::.::. N....n':vyv ;.\,�.v:'::::.::::!i::":::::i:J.:i:':'::::.i:il::i:::}:: vi}:•:;}.:1:-'...,.}.....},.v.:....�:{:.:.:" of th i~ it i id> MR L 0 . .the intntmtirn € .t .. YiY:iC4 i=4ti{•}.u..:..}:}h:....:...::................... ..}n.... :::S:J>}'\::. \v .v?%}•is i'••f••'vl :g` Qt?\..:..bA:e.:'\r:- \.\\..Cv:'v:}:.:.:;e..\S,•.0..4.,::.{.x4.'.t.Y....\. {vh+Jf n. •} +"?k,rt.:�..i.1vi}T1::..}.}'{•,.. :{Y:r- O! : r<:}Sr>=X:..•.+ .:.... .vi ., 0':nQ€adi '' awl,......... .....� Ut1C .:d. aucl �ng;stia�t� �« �:..:..:.-':..:`!:._.::.:. .,... .... :.,+4:•:.L'v!}.\`+'\::{-,:U-}i.is v4:::.} {:{:....: i :.:}i}i:::::'.iiii}:-:S:}:;::�:.i}}.}}�{:..•:: ::shy:re��ei. e=��x �:t��� i'1° �er::� >t(te cast€���e.::�:�s~ .�T�•x: ...-: ....:�..:::::::::.i�::.::::.:.-::.}.v,:{:.+:,\C:{-:.-::{t{_:a:xc-:a.:}yaGx:'{:'a,'?S3cuJ:'>-.. '•,:`•::iS:.0...,.. ... .._ .. ... ... _... ...... > _= ..... d€Re a fs -. :.:-..::::::::::::,:..:::�..:..,v:vv.---::�-{.C.:,•::{.:.n.,}v•{.,.:.v:-..}v::nwv..:.:v:...,Y: :h' "Ai.4v •v:n':nv'n.{,:................:.:: .'.. f. : v:::.\..::-SS '646 hea .:). : ;emRoY: e\ : �,���I�..�.t��=��:�1Ch.:.��'.. t�,�•�.Q�,�.��:.t...:i.:::..:.::..:.:..................::::::::.: ,...:_::.:.::..::}:::....,....:....: ...............Y....... ,..,... :.,. uli f:SLf fi?C><:::: ::. . .....:tea , P::-:F , vv:{:v^�+::..�::}!iiiJ:v::?:.:::.:Yi}:�%ii ii:i+v:.... b. The County Treasurer, and Auditor-Controller shall be bonded or self-insured through the county in-lieu of bonds (in accordance with Government Code Section 24156) in the sum of 51000. VIII. MEETINGS 1. Regular meetings of SLOCOG shall be held at least six (6) times a year or at more frequent intervals as approved by SLOCOG. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of SLOCOG. Actual notice of special meetings must be given at least three (3) business days in advance. 1. Meetings shall be open to the public as required by state law. 4. Regular meetings shall be generally held in the first week of August, October, December, February, April and June, or as specified in the annual meeting calendar adopted in June. The June meeting shall be designated the "annual meeting." • D-1-10 000034 . SLOCOG JOINT POWERS AGREEMENT c:1wp51\resos\1993-94.jpa 5. The Executive Director of SLOCOG will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of SLOCOG or vote on any motion before SLOCOG. 7. The meeting agenda shall be prepared by the Executive Director to SLOCOG. Agenda material shall be submitted to the Executive Director at least f )calendar days prior to the next regular meeting and distributed to members at least .fW calendar days prior to the next regular meeting to allow member agencies to advise their representatives on tentative vote subject to independent judgement of delegate based on public testimony. Unless authorized by four-fifths vote of the representatives at a regular meeting, only agenda items shall be considered by SLOCOG pursuant to provisions of the Brown Act. 8. SLOCOG, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as SLOCOG may adopt will govern • all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. 11. SLOCOG shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all SLOCOG meetings shall be kept by the Executive Director to SLOCOG and shall be submitted to member agencies. IX. COMMITTEES 1. Committees and subcommittees may be established as SLOCOG may deem appropriate. 2. . Membership on ad-Hoc policy committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. D-1—Zi 000035 SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1993-94.jpa 3. Standing committees shall include the: a). Administration Committee, comprised of all managers and administrators of member jurisdictions; 'off:> sel €3e1>::;:::.:«;:}::>.:{{i<{{....�.}\ b). Legal Committee, comprised of _ {<: --- c). the Planning Committee, comprised of all agency planning officials appointed by their respective agencies; d). the Public Works Committee, comprised of all agency engineering officials appointed by their respective agencies; e). Technical Transportation Advisory Committee CrTAC) and the Citizen's Transportation Advisory Committee (CTAC) as per the Memorandum of . Understanding between the California Department of Transportation and SLOCOG; t). Transit Productivity Committee as required by Section 99224 and Section 99238 of the Public Utilities Code; and :...........:::::....:.::..,.:,,, :.,, .................:..:,.,:::.:: .....::....,..:. pe GVH r:i<:»::<.::.\•:,,^:....:......y:::.:t.•. :.. :} ..:...>:. . . ....... ....... . ....... . ... ........ eount� bnfitf stteYt tirn�that dut� nsferred to a sold fie auI on . ::.. .:.:.: . ,...-->::_,..,.. .:.......... ,. . ..} .�, FFA.��ritc.�Pr }dent..}:.:::::::�;;;>:< ......... . i.-}, -..=. }.:Q.:::ii:iso:.::..::::..:...::.:.:.......:.:..:.:. - -T-:y\'7"\-:C:z-\.�\\���\\�'i`.,�.`.T\\,t,,,-,):.\\ i._,,�,,v'\\,.::i,.fi•s`:i".v';Qi=.'' "'C:v}i},}(.i \n,•l4:':4::h'<::}...<:....B.....::. ap pasy, , ,Q .::.. •.. wg- on MR ,,-x.•.s.,Sf:{{:.;Y:'::.�i:+`• •�oo;:yi}.$;s,:,�:.�`•: 'k$C\v. +C:•,:-.N}:::. }• :v::.ti•ty.>::�i hi, -:::i:::::•i:v.{..h,/.n�.n (.�7•.:::(.:.�....}.].•.� 0 ..`f!'i�`-„i'-.T..... x.4'•ii:i.'{Si\t:�:ti:Y,. tii':v}4:•.h:{i:.v:•:i:-::.J:.r..v... 9:::::;v:, ,:.�\, :i :.\\ \�\\�.. •.\.:. ,x:\,• .:,..is}�.}} `•�f1!•�- �•MM�'.��•+. v Y No committee shall commit SLOCOG on any matter or questions of policy. Such matters or questions can only be decided by SLOCOG. r D-1-12 000031,b SLOCOG JOINT POWERS AGREEMENT C:\wp51\resos\1993-94Jpa ff 5 All committees shall receive clerical assistance the Executive from Directortdray purpose of maintaining minutes of meetings and other such du py of the minutes indicating direct. The chairman of each committoee nUtesgofl sin the original oall meetings hall be sent to members of his verification of contents. Cop ies SLOCOG and the Executive Director. X. FINANCE 1 SLOCOG shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount. The Treasurer of the County of San Luis Obispo is designated t the depositary,i and r 2' of SLOCOG from whatever sou shall have custody of all money :.. ,� auditor of SLOCOG tINWK, YER ontroller of the County of San Luis Obispo C. ...6 V. :..:......... •EKE\`•:,=}\"}`.`,\:��_ X+t+;�'!!cb+;•?.• +f+' :'•: >'•n•>::;a:::::,,Y.~•�'` .`n.Ww� :. - \.•\r._ \}�\\\tii�\\\\\\\tet -...`. :i" ':• : gxJ '{{��,, \ ...ef±cc•.:-.:- -``y : 'r:- .-.:'...,••''ani:?ii?}'k'{{i:'??aa' �-�`�'"''..• Qb ,��rc ~, x\ ,�}`:,\'\`;ii_i::..•,�?}'-i= �. yam; ihF�iJ{:}, t1v'\,::,:. ";}":,*`;:i'i:?:hki.7'`:-.fit u.k:�`:v}.��,\\ .tL`-. _ A' { ?:�� .ilaiL ,..:..�' :cr::::::}`::'r::}j<•y"::;,L:3.^�`:y .}. ?..y.. .i•:;\": \. \�� \\�.,\'\. ..k:::'?i•Mm. 'nt; },\'2_\'\y�\;} ,'�,•.•..::.:..Yi:,:C'7tp-:..�.. �}.:�..�: -`•�0#?..:. �-�Y�f•4!: :2:;;:`•3:;.:k:..};;}<`e':.>':.b>::;.;�:x:«•>{:• �\ � �� \. :`-`:. M}•��C: 'i•:A 4�;Y.'•ii ,,'-..ii:fi:1'\-.�::'-••..:.. .''}:,?:.: .{y{��, gy =:}>`:.•.,\���� \ -\�. ��.�- -�\.. •-,T.-•}--,•4x:Y}J:' v "':''•+?:S:^,.a..-;•2w;zk'lki;}».''.•'ri.. \,::2,. x:�' kt ��:j�il.:; 1.:Jt�r{� .♦ � I \�9��\f?7t\" .:;};.. � ���`\\\\\:':'-:;:2tiw�Q :{Kxaic+f1::•�. ::: -- ..?ax„?:,a:.::.;:.•'::-..:.:,.,,.:`;"a;:5:;;-ti7c?iw•:xa::. T��h2T rieu�sle�tzr XII. WITHDRAWAL AND DISSOLUTION full cooperation and agree to assign l The parties to this Agreement pledge fives to serve as official members of SLOCOG or any committee or subcommittee represents or all matters which shall thereof who shall act for and ct behalf of their clay approval county their acts by the governing bodies come before SLOCOG, subject to any necessary PP of CITIES and COUN'T'Y. to this Agreement may withdraw from SLOCOG and hterminate of the Any party g y. The participation in this agreement by resolution of its governing of this moment among the remaining member shall have no effect shall remain continuance full force force and effect as respects the remaining members and the Agreement members. D-1-13 00003'7 SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1993-94.jpa 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to SLOCOG, provided, however, that SLOCOG may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of SLOCOG. If any party hereto fails to pay its contribution, as determined by SLOCOG, said entity shall be deemed to have voluntarily withdrawn from SLOCOG. 4. SLOCOG may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescission Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of SLOCOG in proportion to the contributions made. XIII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk D-1-14 00003.8 1\resos\1993-94.' a P S LOCOG JOINT POWERS AGREEMENT c:\wp5 JP O CITY OF ATASCADERO By: Date: Mayor Resolution No. Clerk CITY OF GROVER BEACH By: Date: Mayor Resolution No. Clerk CITY OF MORRO BAY Date: By: Mayor Resolution No. Clerk CITY OF PASO ROBLES BY: Date: Mayor Resolution No. Clerk CITY OF PISMO BEACH BY: Date Mayor Resolution No. Clerk D-1-15 000039 t SLOCOG JOINT POWERS AGREEMENT c:\wp51\resos\1993-94.jpa CITY OF SAN LUIS OBISPO By: Date: Mayor Resolution No. Clerk COUNTY OF SAN LUIS OBISPO By: Date: Chairman Resolution No. Clerk • APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: De uty Coun y C el Dated: _ c:\wp51\RES0S\1993-94.JPA D-1-16 000040 RESOLUTION NO. 84-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, RATIFYING THE JOINT POWERS AGREEMENT WITH SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (COG) FOR FISCAL YEAR 1993-94 WHEREAS, the San Luis Obispo Council of Governments was created by a Joint Powers Agreement between the cities and County of San Luis Obispo; and WHEREAS, said Agreement requires annual ratification by member agencies; and WHEREAS, the City of Atascadero desires to continue its membership in the San Luis Obispo Council of Governments during Fiscal Year 1993-94. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero does hereby ratify the San Luis Obispo Council of Governments Joint Powers Agreement for Fiscal Year 1993-94, attached hereto as Exhibit A and incorporated herein by reference, and authorizes the Mayor to execute said agreement and forward it to the San Luis Obispo Council of Governments. 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: ATTEST: CITY OF ATASCADERO • By. LEE RABOIN, City Clerk MARTY KUDLAC, Mayor REPORT TO CITY COUNCIL Agenda Item: B-7 CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Date: 7/13/93 From: Mark Joseph, Administrative Services Directo SUBJECT: Requesting Alternative Method of Property Tax Apportionment. RECOMMENDATION: Adoption of Resolution 79-93, requesting the County to allocate the City' s property taxes in Revenue and Taxation Code Section 4701 et seq. BACKGROUND/ANALYSIS: The attached memo from County Auditor-Controller Gere Sibbach explains the alternative method of property tax allocation, known as the "Teeter" plan. For Atascadero, the primary advantage of the "Teeter" plan is that we would be assured of receiving all of our current year secured property taxes in a timely manner. At present, we only receive 92-95 percent of the amount levied (the remaining balance is slowly received over the next five years, at which time, the County is authorized to foreclose on the property to collect the tax) . Knowing the exact amount to be received improves our budgeting and planning efforts and avoids last-minute budget adjustments, which is what happened in FY 1992-93. Second, the loss of penalties/interest to the City is offset by the timely receipt of taxes. For example, if the City receives only 92 percent of a $2 million tax levy, $160,000 is still owed the City. Assuming it takes 2 1/2 years to receive this amount, (only one-half the time it could take) , then, at 7.5 percent interest, the City would lose $30,000 in interest, essentially what the City currently receives in penalties. In addition, to the extent that the County would receive these revenues, it should reduce their Property Tax` Administration Fee (SB 2557 charge) to the City. Third, and perhaps most compelling, is the one-time pay-off of all outstanding taxes. For the City, this amounts to $290,000. For the FY 1993-94 budget, the net increase to the General Fund is just over $225, 000, after prior year revenues and delinquencies are discounted. 000041 At this time, staff recommends adopting Resolution 79-93, in order to keep our options open. As noted in Sibbach' s report, we could still opt "out" if subsequent events suggest this is not in the City' s best interest. a:teeter #3A 000042 County of San Luis Obispo y1450 GERE W. SIBBACH, CPA Office of the Auditor-Controller Auditor-Controller Room 300 County Government Center BILL ESTRADA San Luis Obispo, California 93408 Assistant . (805) 781-6040 FAX (805) 781-1220 TO: CITIES AND LOCAL TAXING DISTRICTS FROM: GERE SIBBACH, COUNTY AUDITOR-CONTROLLER ROBERT HENDRIX, COUNTY ADMINISTRATIVE OFFICER DATE: JUNE 11, 1993 SUBJECT: ALTERNATIVE METHOD OF TAX APPORTIONMENT (R&T CODE SECTION 4701 et seq "Teeter Plan") On or before July 15, 1993, we will be asking the SLO County Board of Supervisors to consider adopting the alternative method of tax apportionment which has been an option for counties for many years. The method is commonly known as the "Teeter Plan" and is authorized under Section 4701 et seq of the Revenue and Taxation Code. We believe it is necessary for the County to position itself to take advantage of this alternative because of the likelihood of additional tax shifts next fiscal year by the state legislature. Depending on the specifics of the actual tax shift legislation, the one-time benefit of collecting prior year taxes in the first year of implementation of the Teeter Plan could significantly soften the financial blow to the County, the Cities, and the Special Districts without harming the local schools in any way. It would also provide a predictable cash flow from secured property taxes in future years,without the worry of delinquent taxes. The Teeter Plan could be a win-win situation for the County and other taxing agencies. However,we strongly recommend that your agency not count on the use of this new revenue until the State and Local Budget processes are complete. Attached is an issues paper with more details. Under the law, "Public Districts" for which the County Treasury is the legal depositary would automatically be included in the Teeter plan. This would include all County Board-governed special districts, all schools, fire, sanitary, and cemetery districts. Any 'Public District" for which the County Treasury is not the legal depositary (even if it voluntarily uses the Treasury Pool) can participate in this alternative method only if the governing board of the district adopts a resolution on or before July 15. This would include cities, community service districts, and other independent districts. Attached is a sample resolution which would meet this requirement. 000043 Alternative Method of Tax Apportionment June 11, 1993 . page 2 We have also attached some rough calculations for a typical agency which show a comparison of the current method and the Teeter method of distribution for Year 1 and Year 2. When the state budget details are known (and the details of the shift mechanism are clear), an actual comparison could be made for each agency. We believe,however, that the mathematics of the Teeter Plan would always create a significant one-time benefit for taxing agencies in the first year of implementation. If after examining the actual state budget and its implementing legislation we find that this alternative method is not financially advantageous to the County,sometime before the 1993- 94 property tax bills are mailed, we will recommend that the Board of Supervisors rescind their decision to adopt the Teeter Plan. We would then proceed to allocate taxes to all agencies as would have been done under existing law and procedures for the 1993-94 fiscal year and all prior years. On the other hand, should the County decide to implement the Teeter Plan,we also see no reason why any individual City or District could not rescind their decision to 'opt in" as long as such decision was made prior to September 30, 1993. After that date, we would normally begin the tax allocation processes and a decision to 'opt out" by a City or District would be too late to implement for that year. We apologize for the short time frames for your agency to act. We only recently became aware of the potential advantages of this method ourselves. Nevertheless,under existing law your aggncy_must act by July 15, 1993 to keep its option open to 'opt in". The possibility to 'opt out" will be available to your district through September 30, 1993. We would be willing to schedule some meetings with your representatives during the month of August to fully describe the mechanisms involved, and (hopefully) to review the impact of the State Budget settlement. We have also scheduled a meeting next Thursday,June 17, to answer any questions you may have about the Teeter Plan, based on the current law. The informational meeting will be held from 3.00 PM to 5.00 PM in the CitdCgunly Library Conference Room (Corner of Palm and Osos in SLO, small conference room downstairs). In the meantime,you may call Gere Sibbach or Marsha Stillman in the Auditor's Office at 781-5037 if they can be of assistance to you. teeter\distl.mvs 000044 ALTERNATE METHOD OF TAX APPORTIONMENT (TEETER) Background: In 1949, the State Legislature adopted Revenue and Taxation Code section 4701 which authorized the "Alternative Method of Property Tax Distribution" . This alternative method was proposed by the Contra Costa Auditor-Controller whose last name was Teeter, and therefore, the method is sometimes referred to as the "Teeter" plan. As stated in section 4701, "It is . the object of this alternative procedure to accomplish a simplification of the tax-levying and tax- apportioning process and an increased flexibility in the use of available cash resources" . This method has been used by Contra Costa County for over 40 years and is used in four other counties (Solano, Siskiyou, El Dorado and Toulomme) . It is our understanding that many other counties are considering it for fiscal year 1993/94. In simple terms, this distribution method authorizes the Auditor-Controller to allocate to agencies 100% of the secured property taxes billed., but not yet paid; whereas, the current method only allows allocation of secured property taxes paid (property taxes billed minus delinquent taxes) . Delinquent taxes, penalties and interest are allocated, when collected, by a separate allocation process. Therefore, the alternate method only requires one allocation process; whereas, the current (old) method requires two allocation processes. As described later in this issue paper, the alternate method offers the following • benefits: - Simplifies the property tax revenue estimation and allocation process for the agencies and the Auditor-Controller. - Stabilizes property tax revenues. - Generates higher property tax revenues during years of higher property tax delinquencies. - Provides a one time increase in property tax revenues to all taxing agencies. Potential benefits: During years in which the delinquent taxes are increasing, each agency would receive more property taxes under the alternate method versus the current method. Likewise, during years the delinquent taxes are decreasing, the opposite would be experienced. During the last three years, delinquent taxes have increased. We believe all taxing jurisdictions would have received more property taxes during this three year time period under the alternate method. However, the single largest benefit of the alternate method is the one time allocation of the prior years ' delinquent property taxes. Once the decision is made to use this method, 95% of delinquent property taxes will be allocated to all agencies as if they had been collected. In addition, as the delinquent property taxes are collected, the Tax Collector collects penalties (10%) and interest (19%) . These funds are deposited to a Tax Loss Reserve Fund required by the alternative method. When the total proceeds in this fund exceeds 49s, of 000045 the current year property tax levy, the excess is credited to the County General Fund. These penalties and interest will be used to pay interest expense for the tax advances to all agencies. In addition to the dollar benefits, the alternate method allows the taxing agencies to accurately estimate their annual property tax revenues. Under the alternate method, the agencies know that they will receive 100% of the secured property taxes billed. After the Assessor submits the property tax roll to the Auditor, and the property value changes are calculated, we know the total secured property taxes that will be billed. Based on its allocation factor, each taxing agency will receive 100% of its portion of the total and will not receive delinquent secured taxes and penalties. Under the current method, estimating the property tax revenues is very complex. First, taxing agencies must obtain, from the Auditor, the total secured property taxes billed. From this amount, they would subtract their estimate of the annual delinquent taxes. This would determine the net Current Year Secured Tax Revenue. Second, they must estimate the amount to be collected on Prior Year Property Taxes and Penalties and Interest. This amount is very difficult to estimate. Remaining issues: As mentioned above, during the first year of using the alternate method, it is necessary to pay to the participating taxing jurisdictions an amount equal to the total prior and current delinquent secured property taxes outstanding. In addition, the County must establish a reserve equal to 4% of the total tax levy. We are proposing to use internal financing which would include using all of the one-time Teeter revenue to the County General Fund to finance the required advances and the reserve. As the delinquent property taxes and penalties are collected, we will repay the principal and interest on the borrowing. The excess penalties and interest will go to the Tax Loss Reserve Fund and be distributed to the County General Fund at some time in the future after they equal 4% of the tax levy. Many California counties are looking into the feasibility of changing to the alternate method. We are in the process of comparing our studies of the effects, determining the best method of financing the plan, and discussing the possible changes to our property tax computer systems. Steps to Implementation: - Resolve the issues discussed above. - Communicate this change to the taxing jurisdictions within San Luis Obispo County. - Prepare a Board of Supervisors resolution, by July 15, 1993, for adoption. - Implement any system modifications prior to the first property tax allocation, December, 1993 . Summar In • teeter\ y p 000046 L- ,_.a r� O (n 1 1 M 4-) F- N 1.1 M M N O N •--� O1 O �•-1 E In 1 O M L a N 1 n O Z M M 4J 1 1 d ^ 1 C f— � F•- �Y D _ O N F=- O w Z � v N _ w W Q to LO CA ct N = M Nw w E � 1 O %D Z F- }, S- O N 1 O f- C) Z M U ¢� J • C) O cm J X U W m w d>- � 1 O O Z uj N 1 t0 d N N M O LLJ J Q O O 4m E N M 1 M r1 L l0 N 1 CO Ln O M M Z L � O C •r M L L a a) X N {t tC a) 4-- Q) F- (ts O f- 4-J (3) N 4- U L O 4-) O a >) aZ U L � •r {.i r_ a) O mU •r E +� � V) v E U) � C fa E () LCO L a) O cts 1 L L U r (L) d' i- {a a) L a) C\ O Q) U d d O Q F- Z a 000047 RESOLUTION NO. 79-93 RESOLUTION OF THE COUNCIL • OF THE CITY OF ATASCADERO AGREEING THAT THE ALTERNATIVE METHOD OF DISTRIBUTION OF PROPERTY TAX LEVIES AND ASSESSMENTS BE APPLICABLE TO TAX LEVIES MADE BY THE COUNTY OF SAN LUIS OBISPO ON BEHALF OF THE CITY OF ATASCADERO WHEREAS, on or before July 15, 1993, the County of San Luis Obispo will consider making the election provided in Chapter 3 (commencing with Section 4701) of Part 8 of Division 1 of the Revenue and Taxation Code which authorizes an alternative method for the distribution of property tax levies and assessments on the secured roll for the 1993/94 fiscal year and years thereafter as well as for delinquencies for prior fiscal years; and WHEREAS, the County is prohibited from using such alternative method for any public district for which the County treasury is not the legal depositary unless such district agrees thereto by resolution of the public district' s governing body adopted not later than July 15, 1993; and WHEREAS, the City of Atascadero desires to have the provisions of said alternative method made applicable to distributions made to the City of Atascadero. • NOW THEREFORE, BE IT RESOLVED that upon the County' s election to implement the alternative method of distribution authorized by Chapter 3, Part 8 of Division 1 of the Revenue and Taxation Code, the City Council hereby agrees that said alternative method of distribution of property tax levies and assessments adopted by the County of San Luis Obispo shall be applicable to the City of Atascadero. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit a copy of this resolution to the Auditor- Controller of the County of San Luis Obispo forthwith. On motion by Councilperson , seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: 000048 v PUaLIC KVIEW COPY PLEASE D0 NOT REMOVE FROM COUNTER REPORT TO CITY COUNCIL Agenda Item: g_g CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Date: '7/13/93 From: Mark Joseph, Administrative Services Director SUBJECT: Adopting the FY 1993-94 Budget RECOMMENDATION: Adoption of Resolution 80-93, approving the FY 1993-94 City Budget. BACKGROUND/ANALYSIS: Council received a copy of the proposed budget and reviewed it at a special public hearing on July 8. Adopting ,the attached resolution will establish the City' s budget for both operations and capital improvements, for all funds, and will thereby replace the interim budget adopted by Council at their June 22, 1993 meeting. Three other agenda items are included, to complete the budget approval process: the resolution adopting the City' s annual spending limit (the so-called "Gann Limit" ) ; the resolution establishing annual salaries and staffing levels; and the resolution reaffirming the City' s Developer Impact Fees. The only changes between the proposed and approved budget is the addition of $50, 000 to the Zoo' s revenues, reflecting the Zoo Society' s fund-raising pledge for FY 1993-94. This ;.figure was not known until after the budget was in its final stage of completion. FISCAL IMPACT• The General Fund budget is a balanced budget, providing not only a $150, 000 appropriated contingency, but a projected $100, 000 surplus, which will go towards restoring General Fund' s reserves . No lay-offs or service reductions are planned. r RESOLUTION NO. 80-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A BUDGET FOR THE 1993-94 FISCAL YEAR AND APPROPRIATING FUNDS THEREOF BE IT RESOLVED by the Atascadero City Council as follows: Section One: Pursuant to provisions of the Government Code, a budget is hereby approved, per the attached Exhibit A entitled "Annual Appropriations by Fund, by Department", and as may be amended by City Council for the City of Atascadero for Fiscal Year 1993-94; Section Two: The attached Exhibit B, entitled "Revenue Projections by Fund" is also hereby approved, and as may be amended by City Council for the City of Atascadero for Fiscal Year 1993-94; Section Three: The City Manager or his designee, may transfer appropriations within, but not between, each of the departmental appropriations, as required to achieve the orderly and efficient functioning of the City; and Section Four: The Council, from time to time, by resolution may approve additional appropriations, as they deem necessary. On motion by Councilperson , seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES : NOES : ABSENT: ADOPTED: REPORT TO CITY COUNCIL Agenda Item: B-10 CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Date: 7/13/93 From: Mark Joseph, Administrative Services Directo:e SUBJECT: Adopting FY 1993-94 Annual Spending Limit RECOMMENDATION: Council adopt Resolution No. 82-93 establishing a new annual spending limit for the City of Atascadero. BACKGROUND: As part of the annual budget adoption process, the City' s FY 1993-94 Annual Spending Limit, or the so-called "Gann Limit" must be approved by Council. Staff has calculated the new limit based on the formula set forth in Proposition 111 (approved by the voters in June, 1990) . The methodology used is recommended by the California League of Cities. As a result of staff ' s calculations, the limit will increase to just under 5 percent, (4.66%) or an increase of $280,269 (from $6, 014, 350 to $6,294,619) . Based on the revenue projections for FY 1993-94, including "excludable" items (i.e. , the General Fund' s portion of debt service on the C.O.P. bonds) we expect to have a cushion of almost $840, 000. The table below sets forth the exact amounts. FY 1993-94 SPENDING LIMIT Proceeds from taxes $5,552,950 Less : Exclusions (Debt Service) (98, 0001 Appropriations subject to limitation 5,454, 950 New Spending Limit 6,294,619 Amount Under Limit 839,669 i Y RESOLUTION NO. 82-93 RESOLUTION OF THE CITY COUNCIL OF THE CI `Y OF ATASCADERO ADOPTING THE FISCAL YEAR 1993-94 ANNUAL SPENDING LIMIT ^"—REAS, Proposition 111 revises the methodology used to the Annual Spending Limit; and s �'iEnEAS, the City of Atascadero must select the most __,� liate criteria to be used in calculating that new limit; '' BEFORE, BE IT RESOLVED by the City Council of the City of Section 1. That the City of Atascadero elects to use the --,c criteria for fiscal year 1993-94, in establishing its _z n1Gz Spending Limit: :znty Population and California Per Capita Income. coon 2. That the Annual Spending Limit is calculated as _- _R CURRENT LIMIT PERCENT CHANGE NEW LIMIT $6, 014,350 0.466% $6,294,619 ,:cation 3. That any judicial action or challenge must be within 45 days of the effective date of this un. _ ....tn 4 . Documentation used in determining the Annual Limit is available to the public in the Office of the -_-tive Services Director, Administration Building, Room Palma Avenue, Atascadero, CA. _-:)tion by Councilmember , and seconded by the foregoing resolution is hereby in its entirety on the following roll call vote: REPORT TO CITY COUNCIL Agenda Item: B-9 CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Date: 7/13/93 From: Mark Joseph, Administrative Services Director SUBJECT: Adopting FY 1993-94 Salary Schedule and Position Authorization Resolution. RECOMMENDATION: Approval of Resolution 81-93, establishing the City' s Salary schedule and authorized positions for FY 1993-94. BACKGROUNDIANALYSIS: Each year, Council must establish by resolution the salary schedules, including steps within each salary, and the number of authorized positions. The attached resolution accomplishes this for both permanent and temporary positions. The schedule is expected to be revised as a result of pending negotiations with Management, Mid-Management, Confidential and SEIU. In addition, the salary schedule will be revised effective January 1, 1994 to reflect existing agreements, in which certain salaries change at mid-year. Regarding authorized positions, the resolution contains all authorized positions, even though several have not been appropriated, as a result of prior year lay-offs or the hiring freeze. a:pos-auth #3A RESOLUTION NO. 81-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AUTHORIZED POSITIONS AND SALARY SCHEDULES FOR FY 1993-94 BE IT RESOLVED by the City Council of the City of Atascadero Section 1. That the number of authorized permanent positions and the associated salary ranges shall be as set forth in Exhibit A entitled "City of Atascadero Salary Schedule", made a part of this resolution by reference; Section 2 . That the hourly rates for temporary employees shall be as set forth in Exhibit B entitled "Salary Schedule for Temporary/Seasonal Positions", made a part of this Resolution by reference; Section 3. That changes to Exhibit A or B must, be by Council resolution. Section 4 . That this resolution shall be effective July 1, 1993. On motion by Councilperson , seconded by Councilperson, the foregoing resolution is hereby supplied in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: MARTY KUDLAC, Mayor } • n Hw N w co w ri N on ri m AD P ch O P1 M ri to i- -N N M w 'w ra O 01 P d' O O -0D OD N '01 .0� M �.Ot 1[1 -01 sr OS w N M E 11 M II V) rn o .� N n o o 11 w h -0D O M M .m M .0 V N N V w OD N w M V 'Ol '01 .-a 10 M Al M M M % 1C r 161 v in an in N in M N N M M -0 M V M M A' -W M M M 'M M M M M 'N M M N IIAD CA 11 ep M M n P O1 ra O n M �! to OS w m w M m f, m N M 161 N � 1) P OD w w w 01 N r w w N Ol M w M w to M P M N O1 sN N FA 11 9a1� u1 M M eN 00 M o O v o s1 rn h to o M o P ul to rt P0 O w w �r m w w N m sr 161 r♦ N w h 161 r 161 O m rc Q' 9 m 11 N r P r, ra O d' 01 rl Qt OD O OS 1R h d' ra Ol N OS to M O P �1 (�' ► ► ► II M N N M M M-0 M M M N eP tV M P) M M N M N N M M N a 11 in M M N N n P w N 161 H h 0 a m M N 0 I61 O 01 N 1A N w 11 OD 00 O O M P r o 161 w M m N r Ln r♦ M OD M 00 N OD h EA 11 n w w. . 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SALARY SCHEDULE FOR TEMPORARY/SEASONAL POSITIONS EXHIBIT B EFFECTIVE JULY 1, 1993 RESO. 81-93 JOB HOURLY RANGES CODE JOB TITLE A B IC D 8370 Student Intern I $6.00 8371 Student Intern II $8.00 8372 Student Intern III $10.00 8410 Cashier $5.00 $5.25 $5.51 8450 Office Worker $5.50 8460 Office Aide $4.25 8520 Recreation Leader I $5.00 8521 Recreation Leader II $5.50 $6.25 8526 Scorekeeper $6.25 8610 Service Worker $5.50 8710 Reserve Police Officer* $13.92 8750 Reserve Fire Fighter: Per 2 hr drill $12.50 Gen' 1 Alarm, 1st hr $8.50 Alarm, after 1st hr $7.00 9520 Seasonal Rec. Leader $5.00 9525 Lifeguard I $5.25 9526 Lifeguard/Instructor $6.00 9527 Senior Lifeguard $6.60 9530 Site Director $6.25 9540 Program Coordinator $7.25 $8.50 9545 Zoo Education Coordinator** $6.95 9615 School Crossing Guard $5.90 9750 Seasonal Fire Fighter $7.25 $7.50 $7+.75 $8.00 * Linked to "A" step of Police Officer ** Reimbursed in full by Zoo Society CITY OF ATASCADERO By MARTY KUDLAC, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON City Attorney a: spendlimit #3 EXHIBIT A: ANNUAL APPROPRIATIONS BY FUND, BY DEPARTMENT FISCAL YEAR 1993-94 DEPARTMENT AMOUNT FUND 201 - WASTEWATER Wastewater Operations 1,102,900 Capital Improvements 1,534,400 Transfers out 100,000 ------------ TOTAL WASTEWATER 2,737,300 FUND 203 - PAVILION Pavilion Operations 48,850 FUND 204 - AQUATICS Aquatics 32,775 FUND 205 - RECREATION Recreation Operations 397,892 FUND 301 - TREE PLANTING TRUST Tree Planting Activities 2,000 FUND 403 - ASSESSMENT DISTRICT #3/REDEMPTI0N Transfers Out 8,412 FUND 404 - ASSESSMENT DISTRICT #4/REDEMPTI0N Assessment District #4 102,000 FUND 405 - ASSESSMENT DISTRICT #5/REDEMPTI0N Assessment District #5 41,000 FUND 452 - C.O.P. REDEMPTION C.O.P. Debt Service 195,900 FUND 500 - CAPITAL PROJECTS FUND Capital Improvements 280,000 FUND 550 - POLICE IMPACT FEES Transfers Out 55,000 FUND 600 - PARRS IMPACT FEES Transfers Out 30,000 FUND 731 - STREET MAINTENANCE DISTRICTS Street Maintenance Districts 30,000 FUND 732 - TDA/NON-TRANSIT FUND Tra"sfers Out 220,000 ------------ GRAND TOTAL 12,334,632 EXHIBIT B2 REVENUE PROJECTIONS BY FUND, FISCAL YEAR. 1993-94 FUND AMOUNT ----------------------------------------- FUND 001 - General Fund 7,056,490 FUND 002 - Gas Tax 421,000 FUND 013 - Assessment District #4/Reserve 3,500 FUND 015 - Zoo Operations 242,000 FUND 200 - Dial-A-Ride 455, 100 FUND 201 - Wastewater 1,652,512 FUND 203 - Pavilion 49,700 FUND 204 - Aquatics 36,400 FUND 205 - Recreation 398,600 FUND 301 - Tree Planting Trust 4,100 FUND 306 - Sidewalk Trust 3,000 FUND 403 - Assessment District #3/Redemption 6,920 FUND 404 - Assessment District #4/Redemption 102,000 FUND 405 - Assessment District #5/Redemption 26,400 FUND 452 - C.O.P. Redemption 195,900 FUND 500 - Capital Projects Fund 284,200 FUND 550 - Police Impact Fees 21,500 FUND 575 - Fire Impact Fees 61,300 FUND 600 - Parks Impact Fees 85,300 FUND 700 - Drainage Impact Fees 64,600 FUND 701 - Amapoa/Tecorida Impact Fees 22,000 FUND 705 - Streets & Bridges Impact Fees 111,600 FUND 731 - Street Maintenance Districts 4,600 FUND 732 - TDA/Non-Transit 14,000 ----- - GRAND TOTAL 11,322,722 NOTE: Transfers In are included in the Revenue Projections above. EXHIBIT AS ANNUAL APPROPRIATIONS BY FUND, BY DEPARTMENT FISCAL YEAR 1993-94 DEPARTMENT AMOUNT FUND 001 - GENERAL FUND City council 38,122 City Clerk 61,020 City Treasurer 4,375 City Attorney 65,000 City Manager 127,404 Economic Development 40,000 Personnel 61,514 Police 2,333,406 Fire 1,294,275 Community Development/Engineering & Administration 185,409 Community Development/Administration 166,198 community Development/Planning 197,001 Community Development/Building 170,463 Community Development/Code Enforcement 25,150 Community Services/Administration 48,700 Community services/Parks 277,151 Community Services/Building Maintenance 164,502 community Services/Streets 215,426 Finance 230,156 Risk Management 252,636 Equipment Replacement 55,500 General contingency 150,000 Non-Department 588,760 Community Group Funding 10,150 Transfers Out 193,000 ------------ TOTAL GENERAL FUND 6,955,318 FUND 002 - GAS TAX Streets/Gas Tax 353,605 Transfers Out 65,000 ------------ TOTAL GAS TAX FUND 418,605 FUND 015 - ZOO OPERATIONS Zoo Operations 255,262 Capital Improvements 0 ------------ TOTAL ZOO ENTERPRISE 255,262 FUND 200 - DIAL-A-RIDE Dial-A-Ride Operations 449,318 Capital Improvements 0 Transfers Out 75,000 ------------ TOTAL DIAL-A-RIDE 524,318 REPORT TO CITY COUNCIL Agenda Item: B-11 CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Date: 7/13/93 From: Mark Joseph, Administrative Services Director SUBJECT: Continuation of Current Developer Impact Fees RECOMMENDATION: Adopt Resolution No. 83-93, re-affirming the current Developer Impact Fees. BACKGROUNDIANALYSIS: Atascadero revised its developer impact fees in April, 1991, following a study conducted by Crawford, Multari and Starr. Those fees, adopted under Resolution No. 14-91, are, still in effect today. The enabling resolution requires that the fees be reviewed annually. At this time, no change is proposed. However, staff recommends that the fees be reviewed during this fiscal year. The reason is based on the anticipated revised Five'-Year Capital Improvement Projects (CIP) Plan, and revised road improvement projects associated with the new Circulation Element. In • addition, funding levels need to be re-evaluated, in light of possible grant-funding and potential fiscal impacts from Council ' s recent action on the Factory Outlet Centex project. • R R RESOLUTION NO. 83-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO REAFFIRMING DEVELOPER IMPACT FEES FOR FISCAL YEAR 1993-94 WHEREAS, Revised Developer Impact Fees were established by City Council under Resolution No. 14-91, effective April 9, 1991; and WHEREAS, such fees must be reviewed and/or revised annually with the adoption of the City budget; and WHEREAS, no changes to said fees are proposed at this time, although revisions may be proposed at a future time; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero Section 1. The fee schedule established by Resolution No. 14-91 is hereby reaffirmed and shall remain in full force and effect. Section 2. That this resolution shall take effect immediately upon adoption. On motion by Councilperson , seconded by Councilperson , the foregoing resolution is hereby . adopted in its entirety on the following roll call vote. AYES: NOES : ABSENT: ADOPTED: CITY OF ATASCADERO By: MARTY KUDLAC, Mayor r t REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: 1 (A) Through: Andy Takata, City Manager Meeting Date: 07/13/93 File Number: GPA 92-004 From: Henry Engen, Community Development Director SUBJECT: Proposed amendment to the Parks and Recreation Element to identify the Community Center as being proposed in a downtown location. RECOMMENDATION: Approve Resolution No. 76-93 as recommended by the Planning Com- mission. BACKGROUND: As indicated in the attached staff report and minutesexcerpts, the Parks and Recreation Element of the General Plan shows a symbol for the Community Center in proximity to Atascadero Lake Park. The Downtown Master Plan designates the Community Center more appropri- ately in a downtown location. This proposed amendment would bring the Parks and Recreation Element into conformity with the Downtown MasterPlan. HE:ph Encls : Planning Commission Staff Report - 6/15/93 Planning Commission Minutes Excerpts - 6/15/93 Resolution No. 76-93 060051 CITY OF ATASCADERO Item: STAFF REPORT FOR: Planning - - Commission Meeting Date: 6 15 93 BY: Steven L. DeCamp, City Planner File No: GPA 92-004 SUBJECT: Amendment of the Parks and Recreation Element of the General Plan to eliminate reference to the establishment of a Community Center in the vicinity of Atascadero Lake Park and instead designate a downtown location in conformance with the Downtown Element of the General Plan. RECOrWENDATION: The Commission should recommend that the City Council amend the Parks and Recreation Element of the General Plan as shown in the attached draft resolution (Attachment D) . SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .City of Atascadero 2 . Environmental Status . . . . . . . . .Categorically Exempt BACKGROUND: The Parks and Recreation Element of the General Plan was revised and adopted in March of 1991 . The "Preliminary Park Plan" map adopted as part of the element erroneously indicated a proposed location for a Community Center in proximity to Atascadero Lake Park. ANALYSIS: The Land Use Element and Downtown Element of the City' s General Plan indicate that a Community Center should be located in the downtown area of the City. The Land Use Plan (Diagram 7; page 23) of the Downtown Element shows four potential locations for a Community Center in the downtown (see Attachment C) . The intent of locating a Community Center in the downtown is clearly to foster beneficial downtown development and provide a broader range of activities in this critical area of the City. The text and various policy statements in the Parks and Recreation Element of the General Plan speak to the desirability and importance of developing a Community Center in this City. None of the various statement in that Element indicate a potential location for such a center, however. It is only the 000052 Staff Report GPA 92-004 June 15, 1993 "Preliminary Park Plan" map, which without further; comment or rationalization, shows an Atascadero Lake Park location for the Community Center. According to the Director of Community Services, this map reference was included in the plan in error. In order to correct the error on the "Preliminary Park Plan" map, staff recommends that the proposed Atascadero Lake, Park location for the Community Center be deleted, and that a note referencing the Downtown Element of the General Plan be added to the map. CONCLUSIONS- Each of the required and optional elements of the City' s General Plan should be internally consistent. Such consistency is necessary to avoid confusion and provide the best possible guidance for the future development, whether it be public or private, of the City. To this end, the Parks and Recreation Element of the General Plan should be amended to bring it into conformance with the other elements of the plan. The revised Preliminary Park Plan attached to the draft resolution included here as Attachment D will accomplish the necessary amendment . ATTACHMENTS : Attachment A - Andrew Takata Memorandum Attachment B - Preliminary Park Plan Attachment C - Downtown Element Land Use Plan Attachment D - Draft Resolution 2 000053 ATTACHMENT A GPA 92=OOT June 15, 1993 MEMORANDUM DATE: November 3, 1992 TO: enry Engen, Director Department of Community Development FROM: Andrew Takata, Director a< Department of Community Services SUBJECT: PARR AND RECREATION ELEMENT GENERAL PLAN AMENDMENT PROPOSAL Per our previous discussion regarding the above subject in June, 1992 , it was too late to be included into the first cycle general plan amendments. I am presently requesting, a Park and Recreation Element General Plan Amendment to relocate the proposed community center to the "downtown" area. Please include this proposal in the October General Plan Amendment Cycle. If you have any comments regarding the above, please contact me at extension 001. AJT:kv ;gp.pre 000054 CITY OF ATASCADERO ATTACHMENT B GPA 92-004 COMMUNITY DEVELOPMENT June 15, 1993 DEPARTMENT Wl\�1=?t'VJ • J � .1• .t 7 < Lu Al� ¢ ' LLI M.M. 1 S ` `� W v Q1112 GE) a tel/ ji t a�•r loor f��� LLI Q,00055 . CITY OF ATASCADERO ATTACHMENT C GPA 92-004 COMMUNITY DEVELOPMENT June 15, 1993DEPARTMENT p N C u � E E ° U U E to oG o p-1 a U m E E e u u b o u c 3 oC .� o ZS U Q o. F o Z U :." W y N f7 t[f t0 '' .. V � j I t i // �� -.. �\ ��� -ice-� .'•� ' 1 ,1...t , 1 1 000056 PI-I CITY OF ATASCADERO [DRAFT] PLANNING COMMISSION 6/15/93 ACTION MINUTES SUBJECT: B.I. GENERAL PLAN AMENDMENT NO. 92-004: Amendment of the Parks and Recreation Element of the General Plan to eliminate reference to the establishment of a Community Center in the vicinity of Atascadero Lake Park and instead designate a downtown location in conformance with the Downtown Element of the General Plan. STAFF RECOMMENDATION: (DeCamp) The Planning Commission should recommend that the City Council amend the Parks and Recreation Element of the General Plan as shown in the attached draft resolution (Attachment D). TESTIMONY: Eric Greening, 7365 Valle, voiced support for the term "community center" and for its location in the downtown area. He feels the Lewis Ave. Bridge should be pedestrian only in consideration of the non-motorized traffic generated by the schools and the prospective community center. Eric Michielssen, 5300 Aguila, expressed support for a downtown community center, the sooner the better. ACTION: Recommend that the City Council approve GPA 92-004. Motion: Lochridge Second: Edwards AYES: Edwards, Lochridge, Carden, Hanauer, Berger, Johnson NOES: None ABSENT: Miller • (Page 2 of ) 00005'7 . ,t•,�ti d R �,r t n -; _ & ��� r;r3 f frr j, #�xkir'.C, 7iJj A� a .ox 1 13�'ti1 s a il Py a a s �l i J `d'd'� r �` +4 6 4}347.ai�£�,�� f r � �4v � 6 "` €a* s t di.' a}+�i q,;§„ rise ,�k W{�.4#� } , * �tr�,�j9 �}�51 a5�'f�tYe 4ua � t}� :r Xaf�fik ✓{yk+.f c ti?! gate sw. r r4 t` . eI I {Ii r :2: a a•_ S.a' , �r,b.,'t' ,>r, �^;�rva`'�.�x,trt, i� �'+�n�'��� � � '� Y;ILt.'!✓�}$ k�"f +f`n 'N ( � x �Y, + 'k ,t✓� rv, a�t?� a ?i �# i§ 'n`` fas yqa qlc ^ h6'} Cr`5,; y t 4" {�{; s}}. {a > Sl`'•� kt4°9.t�lM.^'t5;f, fiti w�. tR7j rN a, �tta, " ij i yyf $ tt x ie. \,:t�' (� ��J:��SIi 'Y5 7('�'�f• f � t rJ`'�.{r�! 4�;�,��' Mrd r� {y�ila t,�re'S`�yY��!stl .�% - f �• i; � h >� � -� �' ,aoe t�,.t;:t�t s,.: 1 s � .a<;�,,, � .; a +�r ' �; 6a x+w� a�� 4 a>'c .6.; ''�`,- r &• x ! � k,:r �* --r�t�r �,ku? 2..,,p 3 2 ,.g c'a,,, t, a �t�3'{ � z f, _ t �t x y RESOLUTION NO. 76-93 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE PARKS AND RECREATION ELEMENT OF THE CITY'S GENERAL PLAN (GPA 92-004; City of Atascadero) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan, which was prepared and adopted in 1992 to guide the City' s general growth is in need of amendment; and WHEREAS, the Parks and Recreation Element of the General Plan, which was revised and adopted in 1991, is the element which is in need of revision; and WHEREAS, the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on June 15, 1993; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows : 1 . The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2 . The proposed General Plan amendment is categorically exempt from the provisions of the California Environmental Quality Act . THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA 92-004 by amendment to the Preliminary Park Plan of the Parks and Recreation Element of the General Plan shown on the attached Exhibit A. 000058 Resolution #76-93 Page 2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES : NOES : ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA MARTY KUDLAC, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ART MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director 000059 I RESOLUTION NO. EXHIBIT A Page 1 of 1 Ze ul Q � � .�• � � �/. ii Q 1 OC W � < cn 8 ; t 1i E �•�, Z I \ W uscc C.5v �g86l. _•_ "� %� � iii/��,._..; ;� - - e It f 6A a " � 1 l xnc: New Designation="ABC" Old Designation=(XYZ) 000060 I REPORT TO CITY COUNCIL CITY OF ATASAgenda Item: C-10) Through: Andy Takata, City Manager Meeting Date: 07/13/93 File Number: GPA 92-008 ZC92-012 From: Henry Engen, Community Development Director SUBJECT: Proposed amendment of the City' s General Plan and Zoning Ordinance to change the land use designation at 7000-7060 Los Arboles from Low Density Multi-Family to High Density Multi-Family with a PD 7 Overlay. RECOMMENDATION: 1 . Adopt Resolution No. 77-93 to amend the Land Use Element designation from Low Density Multi-Family to High Density Multi-Family. 2 . Adopt Ordinance No. 270 amending the Zoning Map from RMF-10 (FH) to RMF-16 (PD7) (FH) by reading by title only and adopting on first reading. BACKGROUND: The site in question is a 1.44 acre 9-unit condominium project. The owners are seeking to develop a small lot subdivision as opposed to an air-space condominium. This would require changing the designation of the Land Use Element Plan Map, together with the zoning map. ANALYSIS• The project was originally planned as a small lot ,subdivision but prior to their being PD standards for same. The project did not gain approval as a PD at that time and was developed to RMF-16 densities as an air-space condominium. Thereafter, PD standards were established. The property owners are desirous of having their own individual parcels, which meet the PD 7 development standards but not the density standards of the low density multi-family designation. 000061 As indicated in the attached staff report and minutes excerpts, this change in designation would not change the density of the project but would permit individual ownerships of parcels once a subdivision map has been filed and approved. The Planning Commis- sion recommendation was 6:0: 1 in favor of the change. HE:ph Encls: Planning Commission Staff Report - 06/15/93 Planning Commission Minutes Excerpts - 06/15/93 Resolution No. 77-93 Ordinance No. 270 000062 CITY OF ATASCADERO Item: B . 2 • STAFF REPORT FOR: Planning Commission Meeting Date : 6-15-93 BY: P Steven L. DeCamp, City Planner File No: GPA 92-008 ZC 92-012 SUBJECT: Amendment of the City' s General Plan and Zoning Ordinance from Low Density Multiple Family to High Density Multiple Family with the addition of a PD 7 Overlay. RECOMMENDATION The Planning Commission should recommend that the City Council : 1 . Adopt the attached draft resolution (Attachment D) amending the Land Use Map of the Land Use Element of the General Plan from Low Density Multiple Family to High Density Multiple Family. 2 . Adopt the attached draft ordinance (Attachment E) • amending the Zoning Ordinance Map from RMF-10 to RMF-16 (PD 7) . SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .Los Arboles Property Owners 2 . Representative. . . . . . . . . . . . . . .Eric Michielssen 3 . Project Address . . . . . . . . . . . . . . 7000-7060 Los Arboles 4 . General Plan Designation. . . . .Low Density Multi-Family 5 . Zoning District . . . . . . . . . . . . . .RMF-10 6 . Site Area. . . . . . . . . . . . . . . . . . . . 1 .44 acres 7 . Existing Use. . . . . . . . . . . . . . . . .Nine (9) UnitCondominium 8 . Environmental Status . . . . . . . . .Categorically Exempt BACKGROUND: The Los Arboles condominiums were originally planned and proposed as a Small Lot Subdivision or Planned Development (PD) in the High Density Multiple Family zone. When the project, which • o_-edates --',e City' s Planned Development (PD 7) Ordinance, did not 0000G3 �� l STAFF REPORT GPA 92-008 . ZC 92-012 June 15, 1993 gain approval as a PD, the applicant proceeded with the project as condominiums at the density allowed by the zoning at that time (RMF-16) . The adoption of the new General Plan, and the subsequent Zoning Ordinance map revisions, reduced the allowed density on the site to Low Density Multiple Family (RMF-10) . Now that the City has adopted the PD 7 standards, the property owners hope to convert their condominium project to a Planned Development as originally conceived and return the underlying zoning to RMF-16 to reflect the existing level of development . ANALYSIS: The proposal before the Commission requests revision of the _ City' s Land Use Map of the General Plan and the Zoning Ordinance Map. Unlike most such applications which are filed to allow some form of new development, this application proposes to bring the • General Plan and Zoning closer into conformance with existing development . General Plan Amendment The Los Arboles condominiums were constructed when the land use designation for the property was High Density Multiple Family. Because most of the lots located within the triangle formed by Tecorida, San Andres, and the freeway are small, and contain existing single family dwellings, the General Plan was revised in this neighborhood to reflect a more desirable low density multiple family designation. This designation is more in line with most of the existing development and more accurately reflects the "carrying capacity" of the roads and other infrastructure in the area. The Los Arboles condominium project, however, became a legal, nonconforming use as a result of this amendment . Returning the land use designation on the Los Arboles property to High Density Multiple Family will recognize the density of development that currently exists on the site . Those nine units are served by a private road (Los Arboles) which intersects with Tecorida near its intersection with San Andres . Access and other circulation issues have not proven to be a concern at this 2 • 000064 STAFF REPORT GPA 92-008 ZC 92-012 June 15, 1993 location. Other services (sanitary sewer, water, etc. ) are provided to the site and have shown themselves to be adequate. Experience has proven that the density of the Los Arboles condominiums, although developed at higher density; than what is now considered appropriate for surrounding areas, is suitable for this particular site. Based on the above, staff believes, and will recommend, that the land use designation of the Los Arboles site should be returned to High Density Multiple Family. Zoning Ordinance Map Amendment If the Land Use Map is amended and returned to its former High Density Multiple Family designation, the Zoning Ordinance map must also be amended to maintain consistency between the two maps . As with the Land Use Map revision, staff will recommend . that the Zoning Ordinance Map be amended from RMF-10 to RMF-16 . In addition to the basic map change, the property owners have requested that a PD 7 Overlay be established at their site. As noted earlier, this project was originally conceived as a Planned Development but predated the City' s adoption of the PD 7 section of the Zoning Ordinance. Although the project originally failed to win approval as a PD, a review of the site shows that the project does conform with the subsequently adopted PD 7 standards . The only change that will occur as a result of the amendment of the General Plan and Zoning Ordinance will be a change in the ownership pattern of the property. Rather than a property owner' s association owning the real property and the individual owners owning "air space", the individual owners will be able to own a small lot after the property is subdivided. Because the project already conforms with the PD 7 standards and the maximum permitted density in an RMF-16 zone, there will be no discernible difference in the appearance or density of development on the property. CONCLUSIONS: The proposed General Plan and Zoning Ordinance amendments will • 3 000065 �r STAFF REPORT GPA 92-008 ZC 92-012 June 15, 1993 serve to bring those two documents into conformance with the existing development at the project location. Therefore, these amendments will not result in any new development or change in existing land uses . These amendments do not present any new policy direction or change in development standards . The requested amendments are in conformance with the policies of the General Plan and the development standards of the Zoning Ordinance. These amendments are an appropriate response to the existing development and should be approved. ATTACHMENTS : Attachment A - General Plan Map Attachment B - Zoning Map Attachment C - Site Plan Attachment D - Draft Resolution Attachment E - Draft Ordinance 4 0 000OGG r ( L rACHMENT A_ CITY OF ATASCADERO GPA 92-008 COMMUNITY DEVELOPMENT zc 92-012 DEPARTMENT General Plan Map 4 ' 1 00006'7 ,� AAM AL 10 via 1w - Ins %� fTACHMENT C CITY OF ATASCADERO ,� GFA 92-008 COMMUNITY DEVELOPMENT ZC 92-012 DEPARTMENT site Plan i Ali lizil a -- .� ii,�� ww�,wn--e- •,� Sy-w,-' A. ------ Y V ---t-- -- �y r = f11+1f.� aJftA+V r r•. '..r n •� I b N 000069 000010 CITY OF ATASCADERO [DRAFT] PLANNING COMMISSION 6/15/93 ACTION MINUTES SUBJECT: B.2. GENERAL PLAN AMENDMENT NO. 92-00820NE CHANGE NO. 92-012: Application filed by the Los Arboles Property Owners (Eric Michielssen) for an amendment of the General Plan and Zoning Ordinance from Low Density Multiple Family to High Density Multiple Family with the addition of a PD7 Overlay. Subject site is located at 7000-7060 Los Arboles. STAFF RECOMMENDATION: (DeCamp) The Planning Commission should recommend that the City Council: 1 . Adopt the attached draft resolution (Attachment D) iamending the Land Use Map of the Land Use Element of the General Plan from Low Density Multiple Family to High Density Multiple Family 2. Adopt the attached draft ordinance (Attachment E) amending the Zoning Ordinance Map from RMF-10 to RMF-16 (PD'7) TESTIMONY: Eric Michielssen, 5300 Aguila, representing the Los Arboles Property Owners Assoc., spoke in support of the proposed General Plan amendment and zone change as an alternative to condominiums. He provided a comparison of an approved planned development, six-unit project on Sihaloa with the proposed Wood Glen/Los Arboles site. ACTION: That the Commission recommend to the City Council approval of GPA 92-008 and ZC 92-012, with staff recommendations 1 & 2 intact. Motion:. Edwards ' Second: Hanauer AYES: Edwards, Lochridge-, Carden, Hanauer, Berger, Johnson - NOES: None ABSENT: Miller i (Page 3 of, ) 0000'70 C RESOLUTION NO. 77-93 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP OF THE LAND USE ELEMENT,f OF THE CITY'S GENERAL PLAN (GPA 92-008; Los Arboles Property Owners Assoc. ) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan, which was prepared and adopted in 1992 to guide the City' s general growth is in need of amendment; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on June 15, 1993; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as • follows: 1 . The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2 . The proposed General Plan amendment is categorically exempt from the provisions of the California Environmental Quality Act . THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA 92-008 by amendment to the General Plan Land Use Element, Land Use Map as shown on the attached Exhibit A. 000071 Resolution #77-93 Page 2 • On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES : NOES : ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA MARTY KUDLAC, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ART MONTANDON, City Attorney PREPARED BY : HENRY ENGEN, Community Development Director ,40000'72 RESOLUTION NO. 77 tl EXHIBIT A Page 1 of ]__ • • '_ V �'.�; 11'?r Yrf'l�i�y' .i,}_¢i!t e•d(4ct A�.a It_.- ice• - :•M�i�� .�(.�t �,•' e° at' � 2R :!' � t }�. _ 1 � ,.i1R�t 1 �'�ta.f3��.. ,�`i;• +'�.dam;; '�' 'v j ,� .. .� = .••. sy y'S' ?*.:•.�•• is ..�*„�( �<; r `tit: .•. . a,� .w r• � , - - V ^.if' 36- '{`:. . tom. •i � :y�'� ,y SITE -_._� •+� T '� "Highensity Multi Family ` (Low Density Multi Family) ```. • KEY: New Designation="ABC" Old Designation=(XYZ) 0000'73 �� ORDINANCE NO. 270 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 17 OF THE OFFICIALZONING MAPS BY REZONING CERTAIN REAL PROPERTY, AT 7000-7060 LOS ARBOLES FROM RMF/10 (FH) TO RMF/16 (PD7) (FH) (ZC 92-012: LOS ARBOLES PROPERTY OWNERS ASSOC. ) WHEREAS, the proposed zoning map amendments are consistent with the General Plan in effect at the time of application acceptance, as required b Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments are categorically exempt from the provisions of the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on June 15, 1993, and has recommended approval of Zone Change 92-012 . NOW, THEREFORE, the Council of the City of Atas cadero does • ordain as follows: Section 1 . Council Findings . 1 . The proposal is compatible with surrounding land uses and the zoning in effect at the time of application acceptance . 2 . The proposal is consistent with the General Plan in effect at the time of application acceptance . 3 . The proposal is categorically exempt from the provisions of the California Environmental Quality Act . 4 . Modification of development standards or processing requirements is warranted to maintain orderly and harmonious development . 5 . 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. 6 . Benefits derived from the overlay zone cannot be . 0000'74 Ordinance #270 Page 2 reasonably achieved through existing development standards or processing requirements . 7 . The existing development offers certain redeeming features to compensate for requested modifications . Section 2 . Zoning Map. Map number 17 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify Tract 1573, as shown on the attached Exhibit A, hereby made a part of this ordinance by reference. Development of said property shall be in accordance with the standards of the Planned Development Overlay Zone No . 7, the Master Plan of Development shown on the attached Exhibit B, and any conditions of approval imposed during the approval of this zone change and/or any other associated applications . Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage . On motion by and seconded by , the foregoing Ordinance is approved by the following roll call vote: AYES : NOES : ABSENT: DATE ADOPTED: By: MARTY KUDLAC, Mayor City of Atascadero, California 0000"75 Ordinance #270 Page 3 ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director 0000'76 ORDINANCE NO. 70 EXHIBIT A Page 1 of 2 Q ;j~�FLt-''•y:.'d�. "�• •.��- ♦ �' r.� y.' .t.Y_ r -'�•�t w s t •Li t �.'t- •Itrr.t'i:' •. %j'�it�t ;14 f;! ". i r•� i�"� :i c`�v s. a �Yt• .(:ss "r: `'•. e. ._ ;� t, fr' CA WOW PC i� i r . t!y SITE _____� `► r ;�. "RM-F-16 (PD 7) (FH) 4 W (RMF-10 (FH) ) �j New Zone="ABC" Old Zone=(XYZ) All Overlay Zones to remain unchanged 0000'7'7 � ORDINANCE NO. 210 EXHIBIT b Page 2 of 2 z 21 SU r. liz NO:97 1-7-1 In It -3 �4 1 4LA* ,7 Tic ---------- ---------- 4w-',v 4tt -------------- - ------------------- IF ---------------- P Its IL 000078 REPORT TO CITY COUNCIL AGENDA ITEM: C-2 CITY OF ATASCADERO MEETING DATE: 7-13-93 Through: Andy Takata, City Manager via: Henry Engen, Director of Community Development .�� From: Valerie Humphrey, Engineering Division SUBJECT: Addition of Sanitation Service Charges to the 1993-94 property taxes. RECOMMENDATION: It is recommended that Council adopt the attached resolution and Exhibit upon completion of the public hearing.` BACKGROUND: City Ordinance provides for the collection of sewer service charges on the general County tax bills. Sewer Service Charges were amended at the City Council meeting of June 22, 1993. The attached resolution has been prepared in accordance with Section 54354.5 of the Government Code to accomplish the necessary collection through the 1993-94 property tax bills. In addition, a Notice of Public Hearing has been published noticing this action. DISCUSSION: The basic area of discussion during the public hearing is whether or not the property owner is responsible for all or any portion of the sewer charge that is listed under the column entitled "amount" on Exhibit "A" . Any questions or concerns received during the public hearing may be referred to staff for resolution in order to ensure compliance with :forwarding ardin the g approved list to the County Auditor in a timely manner. (July 23, 1993) FISCAL IMPACT: The City will bill $1,335,000 in sanitation service charges for fiscal year 1993-94. Attachments: Resolution No. 75-93 • 0000'79 RESOLUTION NO. 75-93 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ADOPTING SERVICE CHARGES TO BE ADDED TO THE 1993-94 PROPERTY TAR BILL WHEREAS, Council, after due notice was given in accordance with Section 5473-5473a of the Health and Safety Code has duly held a public hearing concerning the addition of the 1993-94 service charges to the 1993-94 property tax bill; and WHEREAS, at said hearing the attached report marked "Exhibit All containing such charges was duly received by said Council; and WHEREAS, at said public hearing opportunity was given for filing objections and protests and for presentation of testimony of other evidence concerning same; and WHEREAS, it is in the public interest that this body adopt the charges and determine and confirm the report presented at the hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero, as follows: Section 1. That the recitals set forth hereinabove are true, correct and valid. Section 2. That Council hereby adopts the service charges set forth on the attached report marked "Exhibit All which is hereby expressly incorporated herein by reference ad though here fully set forth; and Council hereby determines and confirms the report containing such charges as set forth in said "Exhibit All and hereby further determines and confirms that each and every service charge set forth in said report is true and accurate and is in fact owed. Section 3 . That the charges as so confirmed and determined and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such charges shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalties in the same procedure and sale in case the delinquency is provided for such taxes. Section 4. The City Clerk shall file a certified copy of this resolution and said Exhibit A with the County Auditor upon its adoption. Section 5. This resolution is approved by at least a two- thirds vote of said Council. On motion by Councilperson and seconded by Councilperson the foregoing resolution is hereby adopted in its entirety by the following vote: 000080 AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO LEE RABOIN, City Clerk MARTY KUDLAC, Mayor APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney APPROVED AS TO CONTENT: . HENRY ENGEN, Director of Community Development i 000081 REPORT TO CITY COUNCIL Agenda Item: C-3 CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Date: 7/13/93 From: Mark Joseph, Administrative Services Directo SUBJECT: Placing Delinquent Solid Waste Charges on; the Property Tax Roll for FY 1993-94. RECOMMENDATION: Adoption of Resolution No. 78-93 as may be amended, placing delinquent solid waste charges on the FY 1993-94 Property Tax Roll. BACKGROUND: Council adopted Ordinance No. 269 on May 11, 1993, which allows the City to place delinquent solid waste bills on the property tax roll, provided: 1. ) That the accounts were over 60 days delinquent 2. ) That the charges could be assessed only after a Public Protest Hearing, and 3) That each effected property owner would receive written notice ten days prior to the hearings. Notices were mailed to 178 property owners on July 2 for the hearing scheduled July 13. ANALYSIS The total amount of outstanding bills to be placed on the tax rolls is $13,228.76, with individual bills ranging from $20.00 to $247.30. Most bills are under $100. Council has the discretion to remove individual accounts from the listing in Resolution No. 78-93, based on the circumstances presented at the hearing. However, Council' s decision to remove an individual account would not necessarily preclude Wil-Mar from pursuing other means of collection. In addition, Wil-Mar representatives will be present to respond to individual questions. It should be noted that some accounts may have been paid in full or resolved in some other manner prior to the hearing. Wil- Mar is tracking these accounts and will be able to report any accounts that should be removed from the listing for that reason. 000083 FISCAL IMPACT The only out-of-pocket expense incurred by the City to date is roughly $50. in postage, which Wil-Mar will reimburse. If the total $13,228.76 is recovered, the City will receive $661.44 in additional franchise fee revenues. a:taxroll #3A 0 000084 RESOLUTION NO. 78-93 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO PLACING DELINQUENT SOLID WASTE CHARGES ON THE 1993-94 PROPERTY TAX BILL WHEREAS, Government Code Sections 38790.1 and 25831 allows cities to place delinquent solid waste bills onto the annual property tax roll, under certain conditions; and WHEREAS, the City Council adopted Ordinance 269 on May 11, 1993, applying the provisions of said Government Code to the City of Atascadero; and WHEREAS, all property owners with solid waste fees delinquent for at least sixty (60) days were duly notified in writing that their delinquent fees would be placed on the FY 1993-94 property tax rolls, after a public hearing scheduled for July 13, 1993; and WHEREAS, Council has duly held a public hearing concerning the placement of delinquent solid waste fees on the FY 1993-94 property tax rolls; and WHEREAS, at said hearing the attached report marked "Exhibit A" containing the delinquent fees by Assessor's Parcel Number was duly received by said Council; and WHEREAS, at said public hearing opportunity was given for filing objections and protests and for presentation of testimony or other evidence concerning same; and r WHEREAS, it is in the public interest that this body confirm the report presented at the hearing. g NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero as follows: Section 1. That the recitals set forth hereinabove are true, correct and valid. Section 2. That Council hereby determines and confirms the report containing delinquent fees as set forth in "Exhibit A" , which is hereby expressly incorporated herein by reference as though here fully set forth, and hereby further determines and confirms that each delinquent fee set forth in said report is true and accurate and is in fact owed. 000085 Section 3. That the fees as so confirmed and determined and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such fees shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalties in the same procedure and sale in case the delinquency is provided for such taxes. Section 4. The City Clerk shall file a certified copy of this resolution and said Exhibit A with the County Auditor upon its adoption. Section 5. This resolution shall take effect immediately upon adoption by a majority vote of Council. On motion by Councilperson , seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote. AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By MARTY KUDLAC, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON City Attorney 000086 SCHEDULE OF DELINQUENT SOLID WASTE BILLINGS EXHIBIT A • FOR THE FY 1993-94 PROPERTY TAX ROLL, BY APN RESO. 78-93 AMOUNT No. PARCEL NBR. SERVICE ADDRESS OWED 1 028-021-004 4541 Sycamore 26.75 2 028-021-009 4625 Sycamore 82.50 3 028-021-031 4465 Sycamore 52.50 4 028-021-031 4555 Sycamore 47.25 5 028-032-019 4655 Hidalgo 82.50 6 028-032-050 4470 Sycamore 30.00 7 028-042-044 4775 Miramon 84.70 8 028-042-049 4665 Miramon 32.50 9 028-061-017 4695 Arizona 75.00 10 028-061-028 4985 Arizona 75.00 11 028-061-049 4955 Arizona 30.00 12 028-062-032 4794 Arizona 30.00 13 028-092-003 4885 Sycamore 96.50 14 028-101-002 4870 Miramon 75.00 15 028-101-003 4960 Miramon 82.50 16 028-141-020 4516 Yerba 77.20 17 028-161-029 4630 San Vicente 82.50 18 028-162-008 4625 San Vicente 60.00 19 028-192-040 5308 Honda 84.90 20 028-192-051 5225 Alamo 52.50 21 028-213-019 5190 Mercedes 106.50 22 028-251-025 4570 San Ardo 23.75 23 028-271-032 4266 Dolores 37.50 24 028-321-020 5025 Gancho 75.00 25 028-332-010 5210 Alamo 82.50 26 028-352-013 5270 Cabrillo 82.50 27 028-353-010 5240 Magdalena 64.15 28 028-361-010 5460 Ensenada 77.20 29 028-371-021 5340 Capistrano 35.00 30 028-372-019 5335 Cabrillo 45.00 31 028-372-026 5467 Capistrano 52.50 32 028-381-001 5335 Magnolia 37.50 33 028-401-020 7885 Aurora 52.50 34 028-411-009 7475 Garbada 82.50 35 028-412-006 7880 Aurora 82.50 36 029-011-044 4080 Dolores 82.50 37 029-021-016 5444 Hermosilla 110.80 38 029-032-012 5125 E1 Verano 37.50 39 029-061-015 5370 Traffic Way 30.00 40 029-062-013 5440 Traffic Way 32.50 41 029-082-011 5517 Tunitas 67.50 42 029-082-041 5523 Tunitas 37.50 43 029-121-010 5300 Maleza 46.50 44 029-171-008 7225 Valle 82.50 45 029-191-048 7695 Valle 67.50 46 029-201-007 9162 Palomar 141.50 47 029-281-020 5133 01meda 82.50 00008'7 SCHEDULE OF DELINQUENT SOLID WASTE BILLINGS EXHIBIT A FOR THE FY 1993-94 PROPERTY TAX ROLL, BY APN RESO. 78-93 AMOUNT No. PARCEL NBR. SERVICE ADDRESS OWED --------------------------------------------- --------------------------------------------- 48 029-302-018 5065 E1 Camino 82.50 49 029-302-018 5065 E1 Camino 82.50 50 029-302-039 5220 Palma 67.50 51 029-382-021 7430 Valle 82.50 52 029-382-029 7390 Valle 108.75 53 029-391-009 9 Quail Ridge 44.50 54 029-391-038 38 Quail Ridge 82.50 55 029-391-049 49 Quail Ridge 30.00 56 029-391-058 7005 Santa Ysabel 99.60 57 030-041-004 7585 Sombrilla 37.50 58 030-051-004 7850 Valle 60.00 59 030-061-008 9006 Curbaril 56.50 60 030-071-001 8920 Junipero 82.50 61 030-111-010 8910 Junipero 20.00 62 030-111-014 8981 Palomar 60.00 63 030-111-038 8972 Palomar 82.50 64 030-121-027 7406 Santa Ysabel 75.00 65 030-131-009 7802 Santa Ysabel 47.50 66 030-131-041 7620 Santa Ysabel 92.50 67 030-131-049 7540 Santa Ysabel 78.10 68 030-251-023 5200 Ardilla 52.50 69 030-281-011 6665 Atascadero 111.50 70 030-281-025 6383 Santa Ynez 96.50 71 030-301-034 7465 Cristobal 60.00 72 030-332-019 6900 Santa Lucia 82.50 73 030-381-004 9140 Palomar 30.00 74 030-391-001 9009 Arcade 60.00 75 030-412-002 5440 Santa Fe 37.50 76 030-462-017 9375 Musselman 75.00 77 030-463-004 9319 Musselman 30.00 78 031-012-009 5840 Corta 82.50 79 031-042-017 7050 Santa Ynez 247.30 80 031-043-028 7520 San Andres 95. 10 81 031-051-042 7000 Morro 75.00 82 031-062-002 7355 Atascadero 28.10 83 031-062-019 7405 Atascadero 136.50 84 031-082-038 8435 Curbaril 141.50 85 031-151-031 7350 Santa Ynez 45.00 86 031-152-003 7500 Navajoa 95.80 87 031-161-024 7955 Morro Rd 103.45 88 031-181-004 7850 Santa Ynez 111.50 89 031-182-034 7855 Curbaril 104.00 90 031-183-018 7850 Morro Rd 134.45 91 031-243-004 8383 Amapoa 41.80 92 031-251-026 8355 Azucena 104.00 93 031-251-032 8200 Atascadero 82.50 94 031-301-013 8615 Amapoa 53.60 000088 SCHEDULE OF DELINQUENT SOLID WASTE BILLINGS EXHIBIT A FOR THE FY 1993-94 PROPERTY TAX ROLL, BY APN RESO. 78-93 AMOUNT No. PARCEL NBR. SERVICE ADDRESS OWED 95 031-311-021 8955 Azucena 38.60 96 031-371-020 9500 Parque 30.00 97 045-302-008 8920 Ortega 82.50 98 045-361-006 10490 Cuesta Ct 37.50 99 045-361-013 10518 Cuesta Ct 30.00 100 049-051-018 4100 Carrizo 78.50 101 049-052-041 4400 Obispo 67.50 102 049-061-022 2040 Traffic Way 82.50 103 049-082-023 6120 Santa Cruz 45.00 104 049-093-007 1305 San Ramon 82.50 105 049-102-008 1625 E1 Camino 126.65 106 049-112-020 4730 San Benito 82.50 107 049-123-030 4580 San Anselmo 62.20 108 049-151-033 5430 San Benito 134.00 109 049-152-027 3070 Colima 75.00 110 049-163-018 3245 El Camino 45.00 111 049-163-031 3445 E1 Camino (2) 194.20 112 049-163-038 3655 E1 Camino 114.70 113 049-183-014 7115 San Gregorio 42.50 114 049-191-002 6100 Conejo 67.50 115 049-191-002 6110 Conejo 75.00 116 049-191-026 6025 Del Rio 82.50 117 049-191-027 6027 Del Rio 96.50 118 049-191-027 6029 Del Rio 82.50 119 049-201-010 2800 El Camino 143. 16 120 049-201-025 2750 E1 Camino 174. 15 121 049-201-037 2900 E1 Camino 119.00 122 049-202-023 2655 Monterey 82.50 123 049-222-038 4600 E1 Camino (2) 157.50 124 049-241-046 2025 Alturas 52.50 125 049-262-028 2860 Monterey 67.50 126 049-302-001 4650 San Anselmo 117.90 127 049-311-004 5705 Carrizo 82.50 128 049-331-001 2555 Ardilla 82.50 129 050-012-019 8000 San Gregorio 54.50 130 050-042-001 2605 Alturas 82.50 131 050-051-021 7940 Balboa 82.50 132 050-071-023 7800 Graves Creek 95.50 133 050-091-020 9100 San Gregorio 82.50 134 050-092-009 8450 Del Rio 45. 00 135 050-162-010 9155 San Gregorio 82.50 136 050-212-021 12405 Santa Ana 114.70 137 050-324-001 13805 Santa Lucia 45.00 138 054-012-039 3880 Ardilla 82.50 139 054-032-022 3560 Maricopa 141.50 140 054-041-006 3710 Maricopa 37.50 141 054-041-008 3650 Maricopa 82.50 000089 SCHEDULE OF DELINQUENT SOLID WASTE BILLINGS EXHIBIT A FOR THE FY 1993-94 PROPERTY TAX ROLL, BY APN RESO. 78-93 AMOUNT No. PARCEL NBR. SERVICE ADDRESS OWED ----------------------------- 142 054-0517045 3650 Ardilla 82.50 143 054-061-043 5696 Portola 74.80 144 054-072-062 6505 Flores 137.50 145 054-073-024 8705 Santa Lucia 82.50 146 054-081-028'7075 Portola 67.50 147 054-086-016 7250 Bella Vista 82.50 148 054-091-017 5307 Cascabel 67.50 149 054-122=008 6506 Los Gatos 82.50 150 054-122-021 6205 Los Gatos 82.50 151 054-132-070 9575 San Marcos 82.50 152 054-142-026 7455 San Gabriel 82.50 153 054-212-013 7400 San Gabriel 45.00 154 054-212-029 7500 San Gabriel 82.50 155 054-221-003 9665 Carmelita 82.50 156 055-041-033 10630 San Marcos 37.50 157 055-062-034 9271 Lucinda 82.50 158 055-102-003 8235 Santa Ynez 42.20 159 055-102-007 8520 Casanova 30.00 160 055-311-018 13765 Old Morro 30.00 161 056-041-041 8255 Coromar 82.50 162 056-061-024 9200 E1 Camino 40.00 163 056-121-010 8960 Coromar 82.50 164 056-121-023 8834 Coromar 52.25 165 056-121-029 8930 Coromar 126.50 166 056-151-009, 9101 San Gabriel 75.00 167 056-151-021 8710 Old Santa Rosa 67.55 168 056-231-010 8740 Atascadero 82.50 169 056-261-077 9730 Atascadero 75.00 170 056-291-006 8420 Portola 82.50 171 056-322-021 9575 Lakeview 82.50 172 056-351-037 8152 Santa Rosa 30.00 173 056-361-001 8585 San Rafeal 37.25 174 056-384-012 9194 Tiburon 67.50 175 056-384-013 9196 Tiburon 49.90 176 910-002-228 9191 San Diego/44 ` `82.50 177 910-002-271 9191 San Diego/16 52.50 178 unk 7280 Santa Lucia 34.80 TOTALS 13,228.76 000090