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HomeMy WebLinkAboutAgenda Packet 08/10/1993 H'ULIU 1*-VILW UYY 1 1 PI EASE DO NOT REMOVE FROM'GOLINTER AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CiTY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM AUGUST 10, 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 or mission 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 (Room 208) and in the Information Office (Room 103), available for public inspection during City Half 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 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 - Request by SLOCOG for a public hearing date 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 (See Item D-5) 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: 1. CITY COUNCIL MINUTES - JUNE 29, 1993 2. CITY COUNCIL MINUTES - JULY 8, 1993 2 3. RESOLUTION NO. 91-93 - Designating stop intersections on both sides of the Santa Rosa Rd. overpass 4. RESOLUTION NO. 92-93 - Designating stop intersections at the exit to all City Parks and ballfields v. RESOLUTION NO. 93-93 - Designating a stop intersection on Palma Ave. at East Mall Ave. S. RESOLUTION NO. 94-93 - Eliminating a designated bus stop at 5550 EI Camino Real 7. RESOLUTION NO. 95-93 - Establishing a 25 mph speed limit on Carmelita Ave. from Portola Rd. to San Andres Ave. 8. MINOR DRAINAGE PROJECTS - Acceptance of projects at San Marcos Ave., Rosario Ave. and Santa Rosa Rd. S. RESOLUTION NO. 97-93 - Authorizing execution of Agreement with William Wittmeyer for Code Enforcement Services 10. TENTATIVE TRACT MAP 02-87, 9385 VISTA BONITA - Acceptance of Final . Parcel Map for an 8-lot planned development 11. TENTATIVE PARCEL MAP 04-89, 7445 CORTEZ AVE. - Acceptance of Final Parcel Map to subdivide 8.26 acres into four lots, with three lots at 1 .5 acres each and one lot at 3.76 acres C. PUBLIC HEARINGS: 1. ATASCADERO MUTUAL WATER CO. 1993 MASTER PLAN PRESENTATION (Ken Weathers) 2. ORDINANCE NO. 271 - DOWNTOWN PARKING (Zone Change 93-002; City of Atascadero) Amending the Zoning Ordinance text to modify the parking requirements of the Pedestrian Commercial Zone (Recommend (1) motion to waive reading in fu//and read by title only, and (2) motion to introduce on first reading by title on/y) 3. STREET IMPROVEMENT PROJECT NO. 1992 (3-F Meadows, Las Encinas) - A. Resolution No. 98-93 - Determining unpaid assessments, providing for the issuance of bonds pursuant to the "Improvement Bond Act of 1915" B. Resolution No. 99-93 - Awarding sale of bonds 4. ORDINANCE NO. 272 -AN URGENCY ORDINANCE RELATING TO FIRE ARMS 3 D. REGULAR BUSINESS: 1. RESOLUTION -NO. 89-93 - Authorizing the execution of an agreement with Camino Real Fashion Outlets, Ltd. for public improvements financing (Cont'd from 7/27/93) 2. GENERAL PLAN :SPECIAL CYCLE -REQUEST - 63-acre commercial land use proposal, S. Atascadero (J. Hendrix) 3. ORDINANCE NO. 270 - Amending Map 17 of the Official Zoning Maps by rezoning certain real property at 7000-7060 Los Arboles from RMF/10 (FH) to RMF/16 (PD7)(FH) (ZC 92-012/Las Arboles Property Owners Association) (Recommend (9) motion to adopt on second reading by title only) 4. CITY ENGINEERING SERVICES - Cost analysis of alternatives 5. ECONOMIC ROUND TABLE -Consideration of recommendation to appoint Micki Ready (Chamber of Commerce) and Don Price (BIA) to fill vacancies 6. ATASCADERO CREEK RESERVATION - Consideration of Atascadero Mutual Water Co. proposal to trade for the City lot located on Sycamore Rd. 7. PLANNING COMMISSION INTERVIEWS - Set Time 8. EROSION CONTROL POLICY - Response to comments expressed at 6/29/93 Council meeting 9. DISCUSS FILLING VACANT CITY COUNCIL MEMBER POSITION CREATED BY THE RESIGNATION OF MAYOR KUDLAC 10. RESOLUTION NO. 96-93 - Authorizing an application for Technical Assistance Grant for economic development E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager * NOTICE: The Council will adjourn to a Closed Session for purposes of discussion regarding Personnel Matters and Personnel Negotiations, pursuant to Govt. Code Sec. 54957.6. 4 MIEETilOJ93 .• ei DATE ITEM 4 Sari Luis Obispo Council of Governments Arroyo Grande Atascadero Regional�T'ransportatian Manning Agency Grover Beach Morro bay Metropolitan Planning Organization Pomo�� Congestion Management Agency San Luis Obispo San Luis Obispo County August 4, 1993 Robert Nimmo, Councilmember City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Subject: Route 41 Bridge Replacement and Roadway Realignment Dear. Delegate Nimmo, This letter confirms the action taken by the San Luis Obispo Council of Governments (SLOCOG) at its August 4th meeting excluding the Highway- 41 Bridge Replacement and Roadway Realignment Projectfrom itsapprovalofthe Federal Transportation improvement Program (FTIP). Approval of the FTIP with this exclusion was done with the provision that the Atascadero City _ Council.will hold apublic hearing on the project before the next SLOCOG meeting on September 8th, at which time the project will be reconsidered for inclusion in the FTIP. The-net effect of removing the project from the FTIP is that Caltrans is precluded from seeking federal funding for the project until it is included in that documeryL Any action you can now take to speed formal action by yourCity Council on the recommended alignment alternative will benefit all involved. SLOCOG delegates have noted that once a formal public hearing is held on the project, with a vote of approval by the Council, that they will feel more comfortable voting to include it in the FTIP. Sincerely, Ruth Brackett, President Sart Luis Obispo Council of Governments I 000001 1007 Monterev St., San Luis ObisOo. CA 9340F,; tel. (8051? 1-�" �9, f (` �`�`. j ;-''03 Agenda Item: B-1 Meeting Date: "08/10/93 ATASCADERO CITY COUNCIL .JUNE 29, 1993 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Borgeson led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor Nimmo Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Andy Takata, Assistant City Manager/Director of Community Services; Henry Engen, Community Development Director;Art Montandon, City Attorney; Mark Joseph, Administrative Services Director; and Steve Sylvester, City Engineer COMMUNITY FORUM: Marcia Torgerson, 6200 Llano Road, read a prepared statement (see Exhibit A) clarifying the intent of her letter to Henry Engen, Community Development Director dated June 8, 1993 requesting that temporary erosion control measures specified by the City's Zoning Ordinance be enforced. She pointed out that there are no erosion control measures included in the approved building plans for a home being constructed in her neighborhood and expressed concern that other building, permits are being issued without them. CC 06/29/93 Page 1 000002 Henry Engen noted that Ms. Torgerson's letter had been reviewed:by staff and was being considered as an enforcement complaint. He reported-that there has not been any action to date on this and numerous other complaints because the City does not currently have a Code Enforcement Official. He added that the City Council would soon look at this position again during the upcoming budget hearing. Council discussion followed. Councilmembers Borgeson and Luna shared concern for water quality and sedimentation run-off into area creeks and ponds. Henry Engen noted that the City has received several hundred complaints and reminded the Council that the City does not have the staff to respond to them. Councilmembers Borgeson and Luna agreed that the matter was urgent; Councilman Nimmo disagreed -stating that it was no more important than other complaints the City has received to date. Henry 'Engen suggested that Ms. Torgerson's concerns relating to specific develop- ment near her home be referred back to staff, including review of the particular site plan. Andy Takata .gave staff said direction. Paul Fellman, Rancho EI Bordo resident, asked when modifications to the South EI Camino Real median approved by the City Council would be made. Steve Sylvester provided a status report and noted that the work was expected to be done about the middle of August. Mr. Fellman asked if there was money to make the changes. Mr. Sylvester reported that the City Council had already authorized the expenditure. A. BUSINESS: 1. RESOLUTION NO. 73-93 - AUTHORIZING AN INTERIM EMPLOYMENT AGREEMENT WITH ANDY TAKATA, CITY MANAGER Council discussion ensued regarding contract provisions for a car allowance. Councilmembers Nimmo and Borgeson voiced objection and spoke in favor of approving the use of a City vehicle instead. Councilman Luna agreed and added that it would be more appropriate to approve funds to ensure that the City Manager has the technical tools available to network with other jurisdictions. The City Attorney pointed out that the Council, in a closed session, had considered the extended use of Mr. Takata's personal vehicle. He suggested that the interim agreement be approved as proposed with the understanding that this detail be considered for re-negotiation. Mr. Montandon reported that staff was working on the final agreement and estimated that it may take a couple of months to prepare it. He added that the contract did not have a termination date and advised that this was to avoid the "twelve-month" clause from kicking in. CC 06/29/93 Page 2 000003 There were no comments from the public. ,MOTION: By Councilman Bewley, seconded by Councilman Luna to adopt Resolution No. 73-93 authorizing the execution of an interim employment contract with Andrew J. Takata for the position of City Manager; motion passed 5:0 by roll call vote. 2. AUTHORITY TO EXTEND THE CONTRACT WITH THE SERVICE :EMPLOYEES INTERNATIONAL UNION (GENERAL SERVICES AND CLERICAL) Mr. Takata provided brief background and recommendation to approve. There were no comments from the Council or public. MOTION: By Councilman Nimmo, seconded by Councilman Luna to approve Letter of Understanding between Local 817 SEIU Clerical and General Services Bargaining Units and the City of Atascadero for a period of thirty days; motion carried unanimously by simple voice vote. 3. RESOLUTION NO. 67-93 AUTHORIZING THE ENGINEERING SURVEY AND DESIGN AWARD FOR ROAD IMPROVEMENTS FOR THE 3-F MEADOWS AND LAS ENCINAS AREAS OF THE STREET IMPROVEMENT PROJECT NO. 1992 ASSESSMENT DISTRICT (Continued from 6/22/93) Councilman Nimmo stepped down due to a potential conflict of interest. Steve Sylvester provided background and noted that the staff recommendation to approve remained the same. Council comments followed. Councilman Luna indicated that he supported the recommendation of the selection committee because the detailed proposal included a traffic safety review and the design best reflected City road standards. He emphasized that this was important because of the tremendous responsibility the City would take on by accepting the roads. Councilman Bewley spoke in favor of awarding the contract to the second low bidder, CSD Engineering, Surveying and Planning Consultants. He argued that the bid would save the City approximately $10,000 and remarked that the firm was qualified to do the work. Councilwoman Borgeson pointed out deficiencies in the CSD proposal and asserted that the scope of work is very important. CC 06/29/93 Page 3 000004 Mayor Kudlac reiterated previous concern that a written policy needs to be adopted relating to the consultant selection process. Public Comments: Howard Marohn, 9265 Barranco Heights, spoke on behalf of 3-F Meadows residents and urged the Council to award the bid to Penfield & Smith. He stated that property owners were pleased with the progress for improving the roads and wanted the best design possible. In addition, he encouraged the Council to keep the project moving forward. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to approve Resolution No. 67-93 authorizing the execution of an agreement with Penfield & Smith for the survey and design of road improvements for the 3-F meadows and the Las Encinas areas [of Street Improvement Project No. 1992 Assessment District]; motion passed-4:0 by roll call vote. Councilman Nimmo rejoined the deliberations. B. PUBLIC HEARING: 1. A. APPEALS FROM COMMUNITY GROUPS FOR FUNDING REQUESTS Mark Joseph introduced the item and noted that staff had made specific recommendations for funding. This item, he continued, was to give community groups the opportunity to address the Council and pointed out that no formal action would be taken until the budget hearing scheduled for July 8, 1993. Public Comments: Susan Harkness, Vice President of Action for Animal 'Rights, appealed staff's recommendation to not grant $5,000 for the Spay/Neuter Program. She emphasized the importance of the program and urged approval. Councilwoman Borgeson inquired how much of the requested monies would actually go to the program. Ms. Harkness remarked that all but ninety percent would go towards spay/neutering and explained that the remaining ten percent would be used to administer the program. She qualified that the City Council could, however, give specific direction about how the funds are to be spent. CC 06/29/93 Page 4 000005 Karen Riggs, representative for the American Red Cross,thanked the Council for-their • continued support. Barbara MacGregor, Director of the North County Womens' Shelter, extended appreciation to the City for its' participation and assistance with a Community Development Block Grant application. She reported that if the grant is approved,they no funds will be received until 1994 and asked the Council to approve the full request of $10,000. Councilman Nimmo mentioned that a balance sheet had not been submitted as part of the request. Ms. MacGregor indicated that she would make the information available. ---End of Public Testimony--- The City Council deferred action on community agency funding requests until the budget hearing scheduled for July:8, 1993. B. REQUESTS FOR REDUCTION OR WAIVER OF FEES RELATING TO CITY FACILITIES USAGE Andy Takata reported that this year marked the first time requests of this nature were being considered and provided a background for staff recommendations. He commented that this item would also come back for formal action on July 8, 1993. Councilwoman Borgeson spoke in favor of waiving field fees for the Atascadero Sox because it was not just an adult team. She stated that some of the players are high school youths. There were no questions or comments from the public. The matter was deferred until July 8, 1993. C. CLOSED SESSION: 1. THE COUNCIL WILL ADJOURN TO A CLOSED SESSION FOR PURPOSES OF DISCUSSIONS REGARDING PERSONNEL NEGOTIATIONS, PURSUANT TO GOVERNMENT CODE SECTION 54957.6 The City Attorney indicated that there was no need for a closed session on personnel matters, but added two items of pending litigation, pursuant to Government Code Section 54956.9, entitled: (1) Union Asphalt v. City, and (2) Nevarez v. City. CC 06/29/93 • Page 5 000006 The City Council .adjourned to Closed Session at 8:10 p.m. i MINUTES"RECORDED AND PREPARED BY: 1 LEt RABOIN, CWY Clerk Attachment: Exhibit A (Torgerson) CC 06/29/93 Page'6 000007 TOE iY a c4 ... '?'.^, geX'b^-son 6200 Llano Road Atascadero, CA 93422 June 29, 1993 D City Council . UN 2 9 10 City of Atascadero •::_ Re: Community Development Department � G9V Of AUSCAt)ERO CITY CLERK'SOFFlCE letter dated June 28, 1993 Dear Councilmembers, I need some advice and guidance from you. I have continued to try to work with the Planning Department in regards to construction upstream from our property. As you can see by the letter I assume was in your boxes today, Mr. Engen has inaccurately labeled my last request (dated June 8, 1993) as an enforcement complaint . He continues to explain that since Atascadero no longer has a compliance officer, my complaint will be placed in a "hold for future action" file. My letter of June 8th. was actually another request of the Planning Department to require a builder to place temporary erosion controls . during construction and revegetate cut and fill slopes . I have been into the Planning Department office recently and looked at the plans for the construction referred to in my letter. There is no temporary erosion control requirement listed by the Planning Department on the plans . Yet, according to the Zoning Ordinance, the Planning Department is supposed to set such requirements . This has nothing to do with the builder not complying. It has to do with the Planning Department not requiring builders to comply with the existing Zoning Ordinances . The majority of the lots upstream from us are undeveloped. You are going to be considering a subdivision next month which will create at least 10 more lots upstream from us . At present, our pond is serving the community as a sediment basin. As most of you have seen, our pond is almost half full of sediment . Soon, when it is completely filled, the sediment will then continue down stream to Graves Creek. And this is only my story. I'm sure similar situations exist all over Atascadero. We recently attended an Erosion Control Workshop through Cal Poly Extension where it was explained that tests have been conducted and have proved that erosion on construction sites can be reduced by as much as 98% with the application of just hay mulch on any disturbed area. It seems like a simple requirement that will prevent an enormous amount of damage downstream. • 000008 I (2) Why is the Planning Department not enforcing the existing Zoning Ordinances? What can I do to help change the attitude of the Planning Department in regards to erosion control? How do I make them understand that I am not complaining about individual builders or property owners; but rather the Planning Department' s lack of requiring simple temporary erosion controls? As with Long Valley II, I have learned more than I ever wanted to know about erosion and sedimentation. I have collected a lot of information including the opinion of an erosion and drainage control consultant . I would be glad to share any information I have with the city to help resolve this problem. Thank you for listening. I hope we can work together to solve this problem before more damage is done. Sincerely, Marcia Torgerson /m • 000009 Agenda item: .B-2 Meeting"Date: 08/10/93 ATASCADERO CITY COUNCIL JULY '8, "1993 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Bewley led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor Nimmo Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Andy Takata, City Manager/Director of Community Services; Henry Engen, Community Development Director; Art Montandon,City Attorney; Mark Joseph,Administrative Services Director; Mike McCain, Fire Chief and Bud McHale, Police Chief A. BUSINESS: 1. RECEIVE FISCAL YEAR 1991-92 FINANCIAL AUDIT Mark Joseph introduced Fred Hogart from the audit firm of Glenn, Burdette, Phillips and Bryson. Mr. Hogan presented an overview of the 1991-92 Audit and responded to questions relating to the Summary of Findings & Recommendations. He explained that the audit should have been completed in January but because his firm had not received internal financial statements it was nearly seven months late. He assured the Council that the audit for 1992-93 would be prepared in a timely manner and noted Budget 07/08/93 Page 1 000010 that it would be available by late December or early January 1994. Councilman Luna read portions of the Minutes from June 11, 1991 relating to the adoption of the budget for fiscal year 1991-92. He stated that he would act conservatively with the present budget being proposed. Public Comments: Leo Korba asked the auditor how the method of accounting compared with other cities. Mr. Hogan indicated that he found there to be reasonable findings and recommendations and stated that the City was doing as well as others. ---End of Public Testimony--- Responding to inquiry from Councilman Luna, Mr. Hogart noted that the loss of a staff accountant and student intern could adversely affect the City's accounting responsibilities and emphasized the importance of maintaining accurate financial records. MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to receive and file the Audited Fiscal Year 1991-92 Financial Statements for the City of Atascadero; motion passed 5:0 by roll call vote. 2. RESOLUTION NO. 74-93 -Authorizing P g the adoption of final budget adjustments for Fiscal Year 1992-93 Mark Joseph provided the staff report and recommendation. He noted that the proposed $100,000 shift in funds from the street maintenance account to the General Fund would impact certain capital improvements to City roads by postponing them for approximately two years. Mr. Joseph then responded to questions from the Council relating to the source of funds recently approved by Council for financial contributions to a downtown parking lot (associated with the Carlton Hotel project) and the Camino Real Fashion Outlet. There was no public comment. MOTION: By Councilman Nimmo, seconded by Councilman Luna to approve Resolution No. 74-93 adopting year end budget figures; motion carried 5:0 by roll call vote. Budget 07/08/93 Page 2 000011 3. REVIEW AND ADOPT CITY BUDGET FOR FISCAL YEAR 1993-94 Andy Takata presented an update on the State Budget. He noted that-the budget package was in .a new format and mentioned staff was hoping to improve on the process in the years to come. Mr. Takata pointed out that the budget reflected no lay-offs, reduced services or new taxes. He provided an overview of new and reinstated services and explained that staff would come back with a formal resolution adopting the budget if approved by Council. In closing, the City Manager cautioned that although the budget was balanced, only $100,000 was available to be set aside for unforeseen emergencies, costs or reduced revenues. Facility Fee Waiver Requests: Councilwoman Borgeson suggested that the fee waiver request made by the Atascadero Sox for use of Alvord Field be granted. She stated that the team provides an opportunity for young boys out of high school to play and remarked that granting the request would help them greatly. Councilman Luna pointed out that all other requests for fee waivers for Alvord Field had been granted. Andy Takata clarified that the other requests for the field were made on behalf of youth leagues. He reported that the Sox are helping to maintain the field and are providing financial assistance for lighting. He added that a fee waiver may be appropriate in light of these contributions. Councilman Luna voiced support for the request. . MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to waive fees for the Atascadero Sox at Alvord Field; motion carried unanimously. MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley to approve the staff recommendation regarding fee waiver requests, with the exception of the Atascadero Sox; motion carried unanimously by simple, voice vote. Community Agency Funding Reauests: Councilwoman Borgeson spoke in favor of granting $400 to the Atascadero Girls Softball. She mentioned that the league would be sponsoring a tournament and asked that they be recognized for the potential revenue the tournament is expected to generate. Councilman Nimmo remarked that all other sports groups have been eliminated and claimed it would be discriminating to grant this request and no others. Councilmembers Bewley and Luna agreed and proposed that the ball team organize fund-raising events. Budget 07/08/93 Page 3 000012 Councilwoman Borgeson suggested that the Council consider providing $500 support to the Economic Opportunity Commission (EOC) Family Planning Program. Biz S Steinberg, Executive Director of EOC, appealed to the Council and asked them to provide the seed money for a new breast cancer screening program for the low- income. Discussion ensued. Councilman Nimmo described the program as worthy, but argued that the City was not in a position to fund it. Councilman Luna voiced support; Councilman Bewley and the Mayor opposed. SLO Mozart Festival: Councilwoman Borgeson favored financial supportfor this community event and made the following motion: MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to support the SLO Mozart Festival in the amount of $300. Discussion on the motion: Councilman Nimmo asserted that there was no end to worthy causes and activities and expressed opposition. Councilman Luna pointed out that the event would bring in sales tax revenue. Vote on the motion: Motion to fund SLO Mozart Festival in the amount of $300 failed 2:3 (Bewley, Nimmo and Mayor Kudlac). North County Womens' Shelter: Councilman Nimmo commented that the City had already contributed $3,000 toward application for a community development block grant and stated that he was not inclined to support the shelter further. Councilwoman Borgeson proclaimed that she was in favor of approving the full request of $10,000 to ensure continued protection for victims of domestic violence. She indicated that she would, however, support the staff's recommendation for $5,000. Councilmembers Luna and Bewley and Mayor Kudlac expressed support. The consensus was to approve the staff recommendation of $5,000. MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to approve Community Group Funding, as proposed on page 108 [of the budget]; motion carried 4:1 (Nimmo). Overall Budget: Councilman Luna asked if the vacated accountant position would be filled. Mr.Takata Budget 07/08/93 Page 4 000013 indicated that it would not. • Questions followed regarding computer upgrades. The City Manager reported that 9 g 9 equipment would be inventoried and needs assessed before any purchases would be made. Councilwoman Borgeson observed that labor negotiations and equipment replacement were not shown in the budget document. Mr. Takata explained that because these items were unknown, any related costs would have to come from the $100,000 contingency fund. Ms. Borgeson asserted that he would rather see these listed as line-item amounts. Councilman Nimmo asked for a status report on revisions to Employee Rules & Regulations. The City Manager replied that Council would soon have the opportunity to review the document before it goes back to the bargaining units. Councilman Luna remarked that $1000,000 in reserves was not much and expressed concern for unknown costs and revenues. Council questions to department heads followed relating to vehicle replacement, training programs, contract services and cost reimbursements. Councilwoman Borgeson noted that she would like to see an even-handed policy for travel and training. Councilman Luna spoke in favor of appropriating funds for sending the Planning Commission to educational seminars. Henry Engen noted that his departmental budget included $6,300 for this purpose. Councilwoman Borgeson expressed support; Councilman Nimmo suggested that this issue be looked at again at the mid-year budget review. Andy Takata noted that he would continue to serve as the Director of Community Services until the end of the calendar year and reported that the Community Services Departmental Budget reflected employee costs for the position of Director for six months of the year. There were no comments from the public regarding the overall budget. MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to adopt the Budget for the Fiscal Year 1993-94; motion carried 5:0 by roll call vote. There was consensus to retain the budget document format. Budget 07/08/93 • Page 5 0000111 AT .9:30 P.M., THE MEETING WAS ADJOURNED TO A CLOSED SESSION FOR PURPOSES DISCUSSIONS REGARDING PERSONNEL MATTERS AND PENDING • LITIGATION, ENTITLED CITY V. FLUITT, ET ALL. Said Closed Session held pursuant to Government Code Sections 54957.6 and 54956.9. X ECO E AND PREPARED BY: , Clerk Budget 07/08/93 Page fi . 000015 REPORT TO CITY COUNCIL Meeting Date: 8-10-93 CITY OF ATASCADERO Agenda Item: B-3 Through: Andy Takata, City Manager via: Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Department SUBJECT: Installation of stop signs on the Santa Rosa overpass. RECOMMENDATION: Traffic Committee recommends approval of Resolution No. 91-93 authorizing installation of stop signs on the Santa Rosa overpass. DISCUSSION: A request was received recently from Caltrans to allow the installation of stop signs on the overpass. After much Committee discussion the request was approved with a slight modification to the Caltrans request. An engineer from Caltrans attended the meeting and was in agreement with the final recommendation. OPTIONS: 1) Approve Resolution No. 91-93 2) Deny Resolution No. 91-93 3) Return to Traffic Committee for further consideration FISCAL IMPACT: A copy of this Resolution will be forwarded to Caltrans in the expectation that their crews will perform the installation. If Caltrans is not agreeable, City crews can perform the work for approximately $270.00 to be paid out of Gas Tax funds. RESOLUTION NO. 91-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING STOP INTERSECTIONS ON BOTH SIDES OF THE SANTA ROSA ROAD OVERPASS WHEREAS, Section 4-2.&Ol et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that establishing a STOP intersection at both sides of the Santa Rosa overpass will improve traffic safety (refer to Exhibit "A") ; THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to request Caltrans to place and maintain appropriate signs or markings indicating STOP intersections at the locations listed above or to install them with City crews, if necessary, pursuant to Caltrans approval. On motion by Councilmember Borgeson, and seconded by Councilmember Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll all vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: 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 • EXHIBIT A RESOLUTION 91-9: A �+ H v5 SANTA ROSA ROAD a � x • REPORT TO CITY COUNCIL Meeting Date:8-10-93 CITY OF ATASCADERO Agenda Item: B-4 Through: Andy Takata, City Manager Via: Henry Engen, Director of Community DevelopmenttXi From: Valerie Humphrey, Engineering Department SUBJECT Establishment of Stop intersections at City parks. y RECOMMENDATION The Traffic Committee recommends that Council adopt Resolution No. 92-93 authorizing the installation of stop signs at the exit of all City parks and ballfields. DISCUSSION The request for the installation of these stop signs is from the Street Supervisor who feels that traffic exiting these parking areas should be required to stop before entering the flow of traffic. Traffic Committee reviewed this request and concurs. OPTIONS 1) Approve Resolution No. 92-93 2) Deny Resolution No. 92-93 3) Return to Traffic Committee for further consideration. FISCAL IMPACT The cost of this installation is estimated to be approximately $135. 00 per sign to be paid out of current fiscal year budgeted funds. `©0008 RESOLUTION NO. 92-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING STOP INTERSECTIONS AT THE EXIT TO ALL CITY PARRS AND BALLFIELDS WHEREAS, Section 4-2.801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that Establishing a STOP intersection at the exit to all City parks and ballfields will improve traffic safety. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating STOP intersections at the locations listed above. On motion by Councilmember Borgeson, and seconded by Councilmember Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: 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 000019 REPORT TO CITY COUNCIL Meeting Date: 8-10-93 CITY OF ATASCADERO Agenda Item• B-5 Through: Andy Takata, City Manager Via: Henry Engen, Director of Community Development j.Nt From: Valerie Humphrey, Engineering Department SUBJECT Establishment of Stop intersection. RECOMMENDATION The Traffic Committee recommends that Council adopt Resolution No. 93-93 creating a stop intersection on Palma Avenue at East Mall. DISCUSSION This request has been madeby the Street Supervisor. It is his opinion, and the Traffic Committee agrees, that the installation of a stop sign at this location will increase traffic safety at this location. OPTIONS 1) Approve Resolution No. 93-93 2) Deny Resolution No. 93-93 3) Return to Traffic Committee for further consideration. FISCAL IMPACT The cost of this installation is estimated to be approximately $140. 00 to be paid out of current fiscal year budgeted funds. 000020 RESOLUTION NO. 93-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON PALMA AVENUE AT EAST MALL WHEREAS, Section 4-2.801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that establishing a STOP intersection on Palma Avenue at East Mall (as designated on Exhibit A Attached) will improve the traffic circulation. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating STOP intersections at the locations listed above. On motion by Councilmember , and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: • ABSENT: ADOPTED: ATTEST: 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 000021 REPORT TO CITY COUNCIL Meeting Date: 8-10-93 CITY OF ATASCADERO Agendas Item: B-6 Through: Andy Takata, City Manager Via: Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Department SUBJECT: Elimination of Bus Loading Zone. RECOMMENDATION: Traffic committee recommends approval of Resolution No. 94-93 eliminating the bus stop at 5550 E1 Camino Real. BACKGROUND: Until recently the business at this location acted as the Greyhound terminal for Atascadero. That service has now been relocated to Entrada Avenue and the bus stop is no longer required and the parking spaces can be reestablished. OPTIONS: 1) Approve Resolution No. 94-93 2) Deny Resolution No. 94-93 3) Return to Traffic Committee for further consideration. FISCAL IMPACT: The cost of this modification will be approximately $100. 00 to be paid out of the Street Department budget. 000022 RESOLUTION NO. 94-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ELIMINATING A DESIGNATED BUS STOP AT 5550 EL CAMINO REAL WHEREAS, a commercial carrier bus stop was established at 5550 El Camino Real pursuant to Section 4-2.1204 et seq. of the Atascadero Municipal Code; and WHEREAS, this location is no longer used as a bus stop and the designation can be eliminated under Section 4-2.407 et seq. of the Atascadero Municipal Code upon recommendation of the Traffic Engineer and authorization by the City Council. NOW, THEREFORE, BE IT RESOLVED; that the City of Atascadero directs the City Traffic Engineer to remove all signs and markings designating a bus stop at 5550 E1 Camino Real. On motion by Councilmember and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: City of Atascadero By 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 000023 REPORT TO CITY COUNCIL Meeting Date: 8-10-93 CITY OF ATASCADERO Agenda Item: B-7 Through: Andy Takata, City Manager via: Henry Engen, Director of Community Development A.E. From: Valerie Humphrey, Engineering Department SUBJECT: Establishment of 25 MPH speed limit on Carmelita Avenue from San Andres Avenue to Portola Road. RECOMMENDATION: Traffic Committee recommends approval of Resolution No. 95-93. DISCUSSION: Carmelita is a busy residential street which also collects traffic destined for the high school area. The property owners on this street are concerned about the speed and have approached the Traffic Committee regarding lowering the existing speed limit. This section of Carmelita meets the legal criteria for posting a 25 MPH speed limit, which is determined by residential density. OPTIONS: - 1) Approve Resolution No. 95-93 2) Deny Resolution No. 95-93 3) Return to Traffic Committee for further consideration FISCAL IMPACT: The cost of signage for this modification is estimated to be approximately $200. 00. 000024 RESOLUTION NO. 95-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING A 25 MPH SPEED LIMIT ON CARMELITA AVENUE FROM PORTOLA ROAD TO SAN ANDRES AVENUE WHEREAS, Section 4-2.501, et. sea, of the Atascadero Municipal Code allows the City Traffic Engineer, through an engineering and traffic survey, to determine the appropriate speed limit for streets within the City; and WHEREAS, an engineering and traffic survey conducted by the Atascadero Police Department determined that the appropriate and safe speed is 25 miles per hour ("MPH") on Carmelita Avenue from Portola Road to San Andres Avenue. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings to indicate a 25 MPH speed limit at this location On motion by Councilmember and seconded by Councilmember the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: City of Atascadero By: 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 000025 REPORT TO CITY COUNCIL Meeting Date: AUGUST 10, 1993 CITY OF ATASCADERO- - - - - - - - - - - - - - - Agenda Item: B-8 Through: Henry Engen, Community Development Director From: OSteven J. Sylvester, City Engineer SUBJECT: Acceptance of minor drainage projects at: 1. San Marcos Avenue 2. Rosario Avenue 3. Santa Rosa Road RECOMMENDATION: Staff recommends acceptance of the projects as complete and authorize release of the 10% retention, 35 days after the Notice of Completion is filed. DISCUSSION: Staff has reviewed the completed projects and deemed them to be in substantial conformance with the plans and specifications approved by the City Council. FISCAL IMPACT: The original contract was awarded for $125,930.41. The final cost of the projects was $114,956.55 The 10% retention is $11,495.66. ATTACHMENTS: Attachment A, Notice of Completion 9212612.ATA 000026 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO �CName `1 Street Adiress City 3 LState L J SPACE ABOVE IRIS EINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093. must be filed within 10 days after completion.(See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Atascadero 3. The full address of the owner is 4. The nature of the interest or estate of the owner is; In fee. (If other than lee.strike"In fee'and insert,for elample."purchaser under contract of purchase,"or"lessee'? 5. The full names and full addresses of all persons,if any,who told title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the properly hereinafter described was completed on . The work done was: 1992/1993 Minor Drainage Projects. 7. The name of the contractor,if any. for such work of improvement was A-Jay Excavating, Inc. (If no contractor for work nl improvement as a whole,insert"none".) (Date of Contract) 8. The properly on which said work of improvement was completed is in the city of __At_aseadetiio , San Luis Obispo eaNtty M .State of California,and is described as follows: 9. The street address of said property is (If no st!eet address has been officially assigned,insert"none".) Dated= verififxt"IN Ind"iduat Owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION 1,the 9-id Sigrid.Say:I am the C'Prthe declarant of the foregoing esident M"."Manager of","A partner of","Owner of",eft.) notice of arnpletion;I have read said notice of completion and know the contents thereof;the same is true of my own knowledge. 1 deco"ender penally of perjury that the foregoing is true and correct. Eaecnted __, 19_,at California. (Date M signatere.) (City where signed.) (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) "O"CC OF CCWMV"0N--W0LCCrTS FOA1114—Rtv 6.74 tpacwssl 8 pt,type or larger ^/('y/ 0000� i DO N41 RECORD REQUIREMENTS AS TO NOTICE OF COMPLETION 01 A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion),as provided in Civil Code Section 3093. The"owner'who must file for record a notice of completion of a building or other work of improvement means the owner(or his successor in-interest at the dale the notice is filed)on whose behalf the work was done,though his ownership is less than the fee title.For example,it A is the owner in fee,and 8,lessee under a lease,causes a building to be constructed,then R,or whoever his succeeded to his interest at the date the notice is filed,must file the notice. If the ownership is is two or more persons as joint tenants or tenants in common,the notice may be signed by any one of the co-owners(in fact,the foregoing form is designed for giving of the notice by only one cotenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall reale the names Bad addresses of his transferor or transferors. In paragraphs 3 and 5,the full address called for amid include street number,city,county and stale. As to paragraphs 6 and 1, this lam should be used only where the notice of completion covers th;work of improvement as a whole.If the notice is to be gives only of completion of a particular contract,where the work Of improvement is made pursuant to two of more original contracts, then this form most be modified as follows: W Strike the words"A work of improvement"from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (a.$., "The foundations for the improvemeatel; (2) Insert the name of the contractor under the particular contract in paragraph 7. In paragraph 1 of the notice,insert the name of the contracts(for the work of improvement as a whole.No conlrsclor's name need be given if there is no general contractor,e.g.,on so-called"owner-0uilder jobs." 14 paragraph 8,insert the full,legal description,not merely a street address or Us description.Refer to deed or policy of title insurance.If the space provided for description is not sufficient,a rider may be attached. Is paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority. This standard form coven most usual proplems in the hald indicated. Before you sign, read it, till in all Morale. and mule chances proper to your transactiom.Contull a lawyer if you doubt the dorm's fuels for your purpose. • 000028 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-9 Through: Andrew J. Takata, City Manager Meeting Date: 8/10/93 From: Arther R. Montandon, City Attorney SUBJECT: Contract for Code Enforcement Services RECOMMENDATION: Review and adopt attached Resolution No. 97-93 authorizing the execution of an agreement with Bill Wittmeyer for code enforcement services. BACKGROUND: The City Council has approved the retention of part-time code enforcement services through its approval of the 1993-94 budget. Staff has discussed acquiring the services of the City's prior full-time officer, Bill Wittmeyer. This contract would retain Mr. Wittmeyer's service on a part-time basis as an independent contractor for the budgeted amount. ARM:cw Attachment: Resolution No. 97-93 RESOLUTION NO. 97-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WILLIAM B. WITTMEYER FOR CODE ENFORCEMENT SERVICES The City Council of the City of Atascadero, California hereby resolves as follows: 1 . The Mayor is hereby authorized to execute an agreement with William B. Wittmeyer for Code Enforcement Services. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the of 1993. ATTEST: CITY OF ATASCADERO By: LEE RABOIN, City Clerk MARTY KUDLAC, Mayor Contract No, 93023 AGREEMENT FOR SERVICES OF CONTRACTOR or CONSULTANT SERVICES AGREEMENT This agreement is made upon the date of execution, as set forth below, by and between William Wittmeyer , an individual , hereinafter referred to as "Contractor" , and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City. " The parties hereto, `in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1. 01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1 . 02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to perform or provide the services specified in "Description of Services attached hereto as "Exhibit All hereby incorporated herein. 0 Contractor shall determine the method, details and means of performing the above-referenced services . Contractor may, at Contractor' s own expense, employ such assistants as Contractor deems necessary to perform the services required of Contractor by this agreement . City may not control, direct or supervise Contractor's assistants or employees in the performance of those services. City must approve these assistants for security purposes . 1. 03 COMPENSATION: In consideration for the services to be performed by Contractor, City agrees to pay Contractor the consideration set forth in the amounts and under the terms provided in "Exhibit B11 , hereby incorporated herein. 2 .00 OBLIGATIONS OF CONTRACTOR 2 . 01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Con- tractor' s sole discretion, as long as the performance of Revised 8/92 -1- } these extra-contractual services does not interfere with or presents a conflict with City' s business. 2 . 02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools and instrumentalities to perform the services under this agreement except those listed in "Tools and in- strumentalities provided by City" attached hereto as "Exhibit C" and hereby incorporated herein. 2 . 03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor' s employees and agents has no right to work- er' s compensation and other employee benefit . If any worker insurance protection is desired, Contractor agrees to provide worker' s compensation and other employee benefits, where required by law, for Contractor' s employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Con- tractor' s employees or agents. 2 . 04 INDEMNIFICATION: City hereby agrees to, and shall, hold Contractor harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's operations under this agreement as provided in this indemnification. 3 .00 OBLIGATIONS OF CITY 3 . 01 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor' s duties under this agreement . 3 . 02 PLACE OF WORK: City agrees to furnish space for use by the Contractor while performing the services described in this agreement only as set forth in "Exhibit D" , hereby incorporated herein. Any work space requirements not set forth in "Exhibit D" shall be the responsibility of Contractor, and Contractor may use alternate space for performing described services. 4 .00 TERMINATION OF AGREEMENT 4 . 01 TERMINATION ON NOTICE: Notwithstanding any other pro- vision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least 30 days prior written notice to the other parties to this agreement. Revised 8/92 -2- 4 . 02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events : (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty (30) days as set forth in Section 4 . 01; (5) End of the contract to which Contractor' s services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 4 . 03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agree- ment or materially breach of any of its provisions, a non- breaching party, at their option, may terminate this agree- ment, immediately, by giving written notice of termination to the breaching party. 4 . 04 TERMINATION: This Agreement shall terminate on unless extended as set forth in this Section. The City, with the agreement of the Contractor, is authorized to extend the term if this Agreement beyond the termination date, as needed, under the same terms and condi- tions set forth in this Agreement . Any such extension shall be in writing and be an amendment to this Agreement . 5 .00 SPECIAL PROVISIONS Revised 8/92 -3- 6 .00 MISCELLANEOUS 6 . 00 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 6 . 01 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a con- tinuing waiver or a waiver of any subsequent breach of this agreement. 6 . 02 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4 . 03 . 6 . 03 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the pre- vailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 6 . 04 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; pro- vided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered dif- ficult or impossible solely because of the financial condi- tion of the party required to perform the act . 6 . 05 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall_ be deemed duly served and given when personally deliv- ered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: Revised 8/92 -4- PARTY ADDRESS A. CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: ( Department ) B. (Contractor) 6 . 06 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises . 6 .07 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, ad- ministrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement . 6 .08 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legis- lative or rulemaking act to be either invalid, void or unen- forceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 6 . 09 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof . This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement . All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 6 .10 TIME: Time is expressly declared to be of the essence of this agreement. 6 . 11 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties . 6 .12 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities Revised 8/92 -5- are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for con- venience and reference only, and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 6 . 13 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this agreement. Revised 8/92 -6- Executed on , 199_, at Atascadero, California. Attest : CITY OF ATASCADERO By: LEE RABOIN MARTY KUDLAC, City Clerk Mayor Approved as to form: By: ART MONTANDON, Contractor City Attorney Approved as to content: MARK JOSEPH, Administrative Services Director Revised 8/92 -7- EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY THE (CONTRACTOR) (CONSULTANT) Contractor shall provide .consultation and professional management services to City as follows: Code Enforcement Officer services, including but not limited to, investigation, inspection, preparation of cases for filing by the City Prosecutor, meeting with violators• to attempt to gain compliance and other relevant duties. Office hours shall be maintained at a time and place mutually agreeable to the parties. Contractor shall also maintain a home office. These services are contemplated to average about 15-20 hours per week. Contractor shall keep records of the time spent each week. Revised 8/92 -8- EXHIBIT C TOOLS AND INSTRUMENTALITIES PROVIDED BY THE CITY The City shall provide: An office for the use of Contractor while maintaining office hours, a telephone, answering machine and a City vehicle. Revised 6/92 -10- h EXHIBIT D PLACE OF WORK Contractor shall provide a home office to perform work under this contract along with the maintenance of office hours at City Hall . Revised 8/92 -11- REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-10 Through: Andy Takata, City Manager Meeting Date: 08/10/93 File Number: TTM 02-87 From: Henry Engen, Community Development Director SUBJECT: Acceptance of Final Parcel Map #2-87 for a 8-lot planned develop- ment at 9385 Vista Bonita. RECOMMENDATION• Acceptance of Final Tract Map #02-87 . BACKGROUND: On July 14, 1992, the City Council conducted a public hearing for a reconsideration of Tentative Tract Map 02-87 . Council concurred with the Planning Commission' s recommendation to approve TTM 02-87 subject to the Findings and the Reconsideration Revised Conditions of Approval. All conditions have been completed by the applicant. HE:ph cc: Paul Metchik Central Coast Engineering Attachment: Reconsideration Map 000030 ATTACHMENT C CITY OF RECONSIDERATION MAP ;k •••• ATASCADERO J;• "ae 40.*--I TTM 02-87 (TRACT 14 8 8) COMMUNITY DEVELOPMENT DEPARTMENT i:ALt N•(,,;' REC�ONE�IOERATIOw NAP FOq R, BEING A SUBDIVISION OE PORTIONS \ �•,'`-�•''�- '--\ C ` OF LOTS 6 l 7 AND LOTS 10 THRU ! _ —� \` :���'•.,\ �' �• - `• 15 OF TRACT S IN THE CITY OF i ,• '-�'\��. `\�\\� \;�� \•` \`\ ATASCADERO.COUNTY OF SAN 4`\••\\\�� `` \.�� •, _ .� LUIS OBISPO.CALIFORNIA. cc"TAwL eo•AS:gnaRaaawo IO FT.DEDICATION `. \�� _.��� �> i' 0 4` PER TRACT Ilia •\�\\ �+` ..,,,,.,�.ti� (c•^ y.. ��'�: - P*tVATa ROAD AIIONNENiPIN TRACT I $a \�'�_1 F `� �f f.IY/ r��� •'I - i _.•-1 +••� WATER fANw ��•1� ails TlwO•O•FT,gOwO awSENENT ESIITINO TRAYEI wAYW'r f / 1- •' �.` •- ,_ • AND PROPOSE*20 FGA ( •<1 k�.�••I-li - OFFSITE ROAD Al1ONMENi�,i + ••( I as fT DaDICATION PER TRACT IASS PIN TRACT 11Sa 2i ,. M1YAit ROAD Al16NYlNT—�/ ^t '• � 6' `.l PER TRACT 1 A4S y, '�;-V� CUL-04-SAC PER r • \�•- �MACT 1qa RECONIIOERATION .• REOuEIT •• ` - E l aOa 00 A V E NY ---• •_-- VICINITY YAP -------_-- REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: R-11 Through: Andy Takata, City Manager Meeting Date: 08/10/93 File Number: TPM 04-89 From: Henry Engen, Community Development Director VkS SUBJECT: Acceptance of Final Parcel Map #4-89 to subdivide 8.26 acres into four lots, with three lots at 1 .5 acres each and one lot at 3 .76 acres at 7445 Cortez Avenue. RECOMMENDATION• Acceptance of Final Parcel Map #4-89 . BACKGROUND: On July 11, 1989 , the City Council conducted a public hearing on the above-referenced map. Council concurred with the Planning Commission' s recommendation to approve TPM #4-89 subject to the . Findings and the Revised Conditions of Approval. All conditions have been completed by the applicant. HE :ph cc: Frederick Larson Deborah Hollowell Attachment: Location and Zoning Map i 0000; )' EXHIBIT a ` CITY OF :�a�S CAD ERO 44 i,ocation and Zoning Map COMMUNITY DEVELOPMENT TPM 04-89 D E P A R T M E N T W I� A0A° I P Aoa�_4 ji 1 u � L S .s L �. 0I I SITE 1445 Cortez avenue zone : RSc-Y _16 Rs I \ a (� 000033 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-2 Through: Andy Takata, City Manager Meeting Date: 08/10/93 File Number: ZC 93002 From: Henry Engen VvC Community Development Director SUBJECT: Amendment of the Zoning Ordinance parking requirements within that portion of the Pedestrian Commercial Downtown Zone lying between E1 Camino Real, Palma, Entrada, and Traffic Way. RECOMMENDATION: Approve Ordinance No. 271, as recommended by the Planning Commis- sion based on the Findings, by: (a) Motion to waive reading in full, and read by title only; and (b) Motion to introduce on first reading by title only. BACKGROUND: On June 22, 1993, the City Council heard a presentation by Frank Henderson with respect to the status of the Carlton Hotel renova- tion project. Council then took action to initiate a Zoning Ordinance change to enable a reduction in the parking requirements on the aforementioned block subject to there being agreements by the underlying landowners to participate in the construction of a parking lot as identified in the Downtown Master Plan. With regard to the parking lot, the Council also committed to a future contri- bution towards construction of the lot. The Carlton Hotel will contribute $50,000, and the BIA has pledged $25,000. Subsequently, the City' s adopted budget included $30,000 as the City' s share of the parking lot. On July 20, 1993, the Planning Commission considered the attached staff report and on a 4:0 vote recommended approval of the attached ordinance. HE:ph Encls: Ordinance No. 271 Planning Commission Staff Report - July 20, 1993 Planning Commission Minutes Excerpts - July 20, 1993 cc: Don Price, BIA Administrator Frank Henderson 000034 ORDINANCE NO. 271 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE TEXT TO MODIFY THE PARKING REQUIREMENTS OF THE PEDESTRIAN COMMERCIAL ZONE (ZC 93-002; City of Atascadero) WHEREAS, the proposed zoning text amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment is exempt from the provisions of the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on July 20, 1993 and has recommended approval of Zone Change 93-002 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1 . Council Findings, 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan Land Use Element and other elements contained in the General Plan, and specifically, policies pertaining to downtown development and revitalization as expressed in the General Plan Downtown Element. 3. The proposal will not result in any significant adverse environmental impacts. The project is categorically exempt from the provisions of the California Environmental Quality Act. Section 2 . Zoning Text. The Zoning Ordinance text is hereby amended by the addition of the following new subsection f. to 9-3.266. (3. ) of the Atas- cadero Municipal Code: "f. In the block bounded by E1 Camino Real, Palma Ave. , Traffic Way, and Entrada, the parking requirements may be satisfied by entering into reciprocal easement agreements with the City prior to the construction of a public/private parking lot in that block. 000035 Ordinance No. 2 Page 2 Parcels with 100% building coverage will also be con- sidered to have satisfied their parking requirements if they: (1) are substantially redeveloped subsequent to the construction of such a parking lot, and (2) make additional parking spaces available on their site through redevelopment, and (3) enter into reciprocal easement agreements with the City at the time of redevelopment. " 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 role call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: MARTY KUDLAC, Mayor City of Atascadero, California 000036 Ordinance No. 271 Page 3 ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ART MONTANDON, City Attorney PREPARED BY: HENRY ENGEN Community Development Director 00003'7 CITY OF ATASCADERO Item: B . 2 STAFF REPORT FOR: Planning Commission Meeting Date: 7-20-93 BY: fi Steven L. DeCamp, City Planner File No: ZC 93-002 SUBJECT: Amendment of the Zoning Ordinance' s parking requirements within a limited area of the Pedestrian Commercial Zone. RECOMMENDATION: The Commission should recommend to the City Council the adoption of the attached draft Ordinance (Attachment D) approving Zone Change 93-002 . SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .City of Atascadero 2 . Location. . . . . . . . . . . . . . . . . . . . .The block bounded by E1 Camino Real, Palma Ave. , Traffic Way, and Entrada 3. General Plan Designation. . . . .Downtown 4 . Zoning District . . . . . . . . . . . . . .Pedestrian Commercial 5. Environmental Status. . . . . . . . .Categorically Exempt Class 1 BACKGROUND: In December of 1990, the City of Atascadero adopted the "Downtown Master Plan" as an element of the City' s General Plan. Among other incentives for downtown development and redevelopment, the Downtown Element suggests that parking requirements be adjusted to account for off-street parking facilities, and on-street parking opportunities . In addition the plan urged recognition that the very small size of downtown lots inhibits maximum utilization of the parcel if traditional parking requirements are imposed. In other words, the parcels in the downtown area are generally too small to accommodate a building of any practical size if the lot must also contain enough parking spaces to satisfy the Zoning Ordinance' s parking requirements . 000038 r STAFF REPORT 2 Downtown Parking Zone Change 93-002 June 20, 1993 Subsequent to the adoption of the Downtown Element, the Zoning Ordinance was amended to reduce parking requirements in the downtown area (see Attachment A) . In addition, various alternative means of meeting the parking requirements were established. ANALYSIS: Numerous studies undertaken by staff in the past have confirmed that an adequate number of parking spaces exist in the downtown area to satisfy anticipated demand. Unfortunately, however, the perception is that not all of these spaces are located near enough to the businesses which draw customers downtown. For this reason, the City, the Business Improvement Association (BIA) , and various individual business owners have been interested in the development of parking lots in the alleys and vacant lots in the downtown area. An example of a successful joint effort in the development of such a lot is the facility built off Palma Avenue between Traffic Way and Entrada. There now exists an opportunity to construct a new parking lot utilizing the alley and undeveloped portions of the lots located in the block bounded by El Camino Real, Entrada, Traffic Way, and Palma (see Attachment C) . Interest in this concept has been generated by the impending redevelopment of the Carlton Hotel . [For its part, the developers of the Carlton Square project will be constructing a thirty three (33) space subterranean parking facility. ] With the Carlton Square project as an anchor, and the addition of a new parking lot, further revitalization of this block should be greatly facilitated. In order to be completely successful, the proposed parking lot needs the cooperation and participation of each of the businesses with suitable vacant areas on their lots . As can be seen on the schematic parking lot design, it is these vacant areas that will be utilized for the creation of parking spaces . In some cases, existing fences and structures will need to be removed in order to maximize the number of spaces created and allow the circulation pattern to function properly. As an incentive to the granting of the easements necessary for the development of the parking lot, staff believes that those parcels which participate should be considered to have satisfied . their parking requirements for any allowed or conditionally 000039 STAFF REPORT 3 Downtown Parking Zone Change 93-002 June 20, 1993 allowed land uses . Attachment B shows those parcels which are eligible to participate because they have land area available which could be utilized for the development of parking spaces . As can be seen on Attachments B & C, several parcels located on Traffic Way can not grant parking easements because they are completely covered by existing structures . As a further incentive to the revitalization of the block, and these lots in particular, staff has added language to the draft ordinance which would allow these lots to participate in the future if they are redeveloped. Their participation would be contingent upon the granting of easements similar in size to those granted by the other lots which front on Traffic Way. CONCLUSIONS• The parking lot proposed for the block which contains the Carlton Hotel provides yet another means of addressing the need for • revitalization and increased parking opportunities in the downtown area. The lot will provide needed parking while allowing for near maximum utilization of the individual parcels that comprise that block. The proposed lot will provide a model for other such lots as a cooperative effort between the City and the individual property owners and should help stimulate further revitalization of the downtown area. ATTACHMENTS: Attachment A - Existing Downtown Parking Requirements Attachment B - Parcels Eligible to Participate Attachment C - Schematic Parking Lot Design Attachment D - Draft Ordinance 000040 „0 ATTACHMENT A ZC 93-002 EXISTING PARKING REQUIREMENTS 9-3 .266 . Parking Requirements : 1 . The parking requirements for uses located in this zone shall be as required in Table 1 of the Downtown Master Plan. 2 . For existing buildings, only the parking needed for additions thereto, or for changes in occupancy which increase parking relative to the prior use, shall be required. 3. The parking space requirements may be met by: a. Providing the required spaces on the site occupied by the use; b. Providing the required spaces off-site, but within five hundred feet of the proposed use, in a lot owned or leased by the developer of the proposed use; c. Participating in a commonly held and maintained off-site parking lot where other businesses maintain their required spaces d. Participating in a parking district which provides parking spaces through a fee, assessment, or in-lieu fee program as may be established by the City Council; e. Any combination of subsections a. through d. above. 000041 w.. A wusreru .ate. INEw\, � �! \��. , ON 4,ONS N1 '` � . 1 CITY OF ATASCADERO ATTACHMENT C leftSchematic Design COMMUNITY DEVELOPMENT zC 93-002 DEPARTMENT E�- CAHIHO REAL s ' _ C fie l! I-- - 1 + LL lit, —4 J. 09wAY— -> u: ONEw�lY a(T . �� • � ... � ,'� :�� if — z rn KA O � � 7S' Z N P%CIL i y O-A 4 ��. . PA L MA AvU*z 3120-0 4 7C 000043 DRAFT ATTACHMENT D • ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE TEXT TO MODIFY THE PARKING REQUIREMENTS OF THE PEDESTRIAN COMMERCIAL ZONE (ZC 93-002; City of Atascadero) WHEREAS, the proposed zoning text amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California GovernmentCode concerning zoning regulations; and WHEREAS, the proposed amendment is exempt from the provisions of the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on July 20, 1993 and has recommended approval of Zone Change 93-002 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1 . Council Findings . 1 . The proposal is compatible with the surrounding land use and zoning. 2 . The proposal is consistent with the General Plan Land Use Element and other elements contained in the General Plan, and specifically, policies pertaining to downtown development and revitalization as expressed in the General Plan Downtown Element . 3. The proposal will not result in any significant adverse environmental impacts . The project is categorically exempt from the provisions of the California Environmental Quality Act . Section 2 . Zoning Text . The Zoning Ordinance text is hereby amended by the addition of the language shown on the attached Exhibit A. Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in; the Atascadero 000044 ORDINANCE 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 role call vote: AYES : NOES: ABSENT: 0 DATE ADOPTED: By: MARTY KUDLAC, Mayor City of Atascadero, California ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ART MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director . 000045 r,�\ EXHIBIT A 9-3 .266 . Parking Requirements : 1 . The parking requirements for uses located in this zone shall be as required in Table 1 of the Downtown Master Plan. 2 . For existing buildings, only the parking needed for additions thereto, or for changes in occupancy which increase parking relative to the prior use, shall be required. 3. The parking space requirements may be met by: a. Providing the required spaces on the site occupied by the use; b. Providing the required spaces off-site, but within five hundred feet of the proposed use, in a lot owned or leased by the developer of the proposed use; c. Participating in a commonly held and maintained off-site parking lot where other businesses maintain their required spaces; d. Participating in a parking district which provides • parking spaces through a fee, assessment, or in-lieu fee program as may be established by the City Council; e. Any combination of subsections a. through d. above. f. In the block bounded by E1 Camino Real, Palma Ave. , Traffic Way, and Entrada, the parking requirements may be satisfied by entering into reciprocal ' easement agreements with the City prior to the construction of a public/private parking lot in that block. Parcels with 100% building coverage will also be considered to have satisfied their parking requirements if they: (1) are substantially redeveloped subsequent to the construction of such a parking lot, and (2) make additional parking spaces available on their site through redevelopment, and (3) enter into reciprocal easement agreements with the City at the time of redevelopment. NOTE: New language is shown in bold type. 000046 ,� PLANNING COMMISSION MINUTES EXCERPTS - 7/20/93 CITY OF ATASCADERO PLANNING COMMISSION 7/20/93 ACTION MINUTES SUBJECT: B.2. ZONE CHANGE 93002: Request by the City of Atascadero to modify the parking requirements within a portion of the Pedestrian Commercial zone. The modification would allow for a reduction in the parking requirements for parcels that participate in the construction of a private/public parking lot in the block bounded by EI Camino Real, Palma Ave, Traffic Way and Entrada. STAFF RECOMMENDATION: (DeCamp) The Commission should recommend to the City Council the adoption of the attached draft Ordinance (Attachment D) approving Zone Change 93-002. TESTIMONY: Frank Henderson, Kuentzel, Henderson & Associates, Project Manager for the Carlton Square Project and BIA Board Member, spoke in support of this proposal and of the draft ordinance text. 100% of the property owners have signed a petition indicating their willingness to sign the necessary parking easements. The financing of this approximately $100,000 project will be divided between the Carlton Square Project ($50,000), the City (up to $30,000 committed) and the BIA ($25,000 committed at this time). ACTION: Approve staff recommendation. Motion: Edwards Second: Hanauer AYES: Edwards, Lochridge, Carden, Hanauer NOES: None ABSENT: Berger, Johnson (stepped down due to possible conflict) (Page 5 of 6) 00004'7 REPORT TO CITY COUNCIL Meeting Date: 8-10-93 CITY OF ATASCADERO Agenda Item C-3 (A & B) Through: Andy Takata, City Manager via Henry Engen, Community Development Director .yK From awteven J Sylvester, City Engineer SUBJECT: Street Improvement Project No. 1992 Assessment Districts (Las Encinas and 3-F Meadows) resolutions necessary to authorize issuance of bonds. RECOMMENDATION: Staff recommends that Resolution No. 98-93 and Resolution No. 99- 93 determining unpaid assessments and authorizing issuance of bonds be passed by Council. DISCUSSION: At the meeting of June 22, 1993, the City Council approved various resolutions necessary to complete the formation of the City of Atascadero Street Improvement Project No. 1992 (the "District") . Following said June 22, 1993 meeting, a "Notice to Pay Assessments" was mailed to each property owner in the District advising each property owner of the amount of assessment levied, and that they would be eligible for a five percent (5%) discount for payments received prior to July 30, 1993. The amount of unpaid assessments has now been determined, as set forth in the below-described resolutions. The District was formed pursuant to the Municipal Improvement Act of 1913 and limited obligation bonds (the "Bonds") , if issued, will be issued pursuant to the Improvement Bond Act of 1915 to finance the construction and acquisition of certain public street improvements within the District. The Resolutions below authorize the issuance of the Bonds secured by the collection of installments of assessments on the property within the District. The sole security for the Bonds is the real property within the District, and the City is under no obligation to advance any moneys out of the General Fund. Adoption of the two resolutions described below would constitute the final legislative step in the formation of the District; however, final issuance of Bonds remains contingent upon approval by certain designated City officers (pursuant to the below resolutions) prior to the time of closing. The Bonds, if issued, are proposed to be ,purchased by Spelman & Co. , Inc. , (the "Underwriter") upon the terms and conditions contained in the below-mentioned resolutions. For consideration at the August 10, 1993 City Council meeting are the following two resolutions: 93107.CR 000048 Resolution No. 98-93: Resolution Determining Unpaid Assessments and Providing For the Issuance of the Bonds This resolution recognizes compliance with the laws and procedures regarding the mailing and publication of the notice of time and manner in which assessments were to be paid in cash. This resolution, among other things, contains the description of the Fiscal Agent's responsibilities, establishes and describes the funds to be administered by the City and Fiscal Agent, provides the parameters necessary to foreclose against delinquent parcels, and orders the printing and authentication of Bonds. Resolution No. 99-93: Resolution Awarding Sale of Bonds This resolution awards the sale of the Bonds pursuant to the terms of the Purchase Agreement approved in the above Resolution Determining Unpaid Assessments and Providing for the Issuance of the Bonds. The resolution also directs the Treasurer to have the Bonds printed and delivered to the Underwriter in exchange-for the purchase price thereof. DISCUSSION: There are two (2) Assessment District with the project. They are: 3-F Meadows (Project No. 93-03) Las Encinas (Project No. 93-04) The Preliminary Engineer's Reports identify the boundaries of each area. FISCAL IMPACT: It is anticipated that all present costs to the City will be reimbursed from the Incidental Costs itemized in the Engineer's Report when the District bonds funds are made available to the City. ATTACHMENTS: Resolution Determining Unpaid Assessments and Providing for the Issuance of the Bonds. Resolution Awarding Sale of Bonds 93t07.ca 000049 RESOLUTION NO. 98-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS, PROVIDING FOR THE ISSUANCE OF BONDS' PURSUANT TO THE "IMPROVEMENT BOND ACT OF 19151, CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992 WHEREAS, the City Council (the "Council") of the City of Atascadero, California, (the "City") has heretofore undertaken proceedings pursuant to the "Municipal Improvement Act of 191311, being Division 12 of the Streets and Highways Code of the State of California (the "Act"); WHEREAS, this Council has authority to issue bonds upon the unpaid assessments levied upon lands within a special assessment district described in Resolution of Intention No. 131-92, adopted December 8, 1992, (the "Resolution of Intention"), for the acquisition and construction of improvements, said special assessment district known and designated as "City of Atascadero Street Improvement Project No. 1992" (the "Assessment District"); WHEREAS, said proceedings provided for the issuance of bonds pursuant to the "Improvement Bond Act of 191511, being Division 10 of the Streets and Highways Code of the State of California (the "Bond Act"), and it is necessary to establish terms and provisions of such issuance; and, NN'HEREAS, a notice of the assessment and of the time within which assessments were to be paid in cash was duly published and mailed in the manner provided by law, and the time Nvithin which assessments were to be paid in cash has expired, and the Treasurer of the Citv (the "Treasurer") has filed a list of all assessments which remain unpaid. NOW. THEREFORE BE IT RESOLVED, by the City Council of the City of Aiascadero as follows: SECTIO\ 1. That the above recitals are all true and correct. SECTION 2. Unpaid Assessments. That the assessments now remaining unpaid, and the ag�,rezate thereof, are as shown on the list entitled "List of Unpaid Assessments", i,ihe "Unpaid List") referenced by the name of this Assessment District, a copy of which is. or will be on file in the office of the Treasurer prior to the issuance of any bonds, and h\ :'pis reference said list is made a part hereof and is attached hereto as Exhibit "A". SECTIO\ 3. Parcel Descriptions. That for a particular description of the lots or of land bearing the respective assessment numbers set forth in said Unpaid List and ":10-1 hick assessments remain unpaid, reference is hereby made to the assessment and to :i.e diagram to be recorded in the office of the City Superintendent of Streets/City E: _:neer prior to the issuance of any bonds. Resolution No. 98-93 Page -2- SECTION 4. Issuance of Bonds. That bonds shall be issued in an amount not to exceed the unpaid list, and upon the security of said unpaid assessments in accordance with the provisions of the "Bond Act", and under and pursuant to the provisions of said Resolution of Intention and the proceedings thereunder duly had and taken. The bonds shall be designated the "City of Atascadero, Limited Obligation Improvement Bonds, City of Atascadero Street Improvement Project No. 1992" (the "Bonds"). SECTION 5. Registered Bond. Said Bonds shall be issuable as fully registered Bonds in the denominations set forth in Section 7. SECTION 6. Date of Bonds. Said Bonds shall be dated the date the Bonds-are sold and delivered, as set forth in the Purchase Agreement as approved according to A Resolution of the City Council of the City of Atascadero, California, Awarding Sale of Bonds. adopted on August 10, 1993, and made a part hereof by this reference (the "Purchase Agreement"). SECTION 7. Maturity. The Bonds shall be issued in denominations of $5000, or anv integral multiple thereof, (the "Bond Denomination"), and shall be issued with annual maturities on September 2, commencing September 2, 1994. The interest rates and principal amount maturing each year will be as set forth in the Purchase Agreement. SECTION S. Interest. Each Bond shall bear interest at the rate or rates specified in the Purchase Agreement from the interest payment date next preceding the date on which the Bond is authenticated, unless the Bond is authenticated and registered as of an interest payment date, in which event it shall bear interest from such interest payment date, or unless the Bond is authenticated and registered prior to March 2, 1994, in which event it shall bear interest from its date, until payment of such principal amount shall have been dischar,-,ed. at the rates per annum stated in the Purchase Agreement, payable semiannually on March 2 and September 2 (each being an "Interest Payment Date") in each year, commencing March 2. 1994. SECTION 9. Fiscal Agent. Meridian Trust Company of California, is hereby appointed as Fiscal Agent. Transfer Agent, Registrar and Paying Agent (the "Fiscal Agent"). upon the terms and conditions contained herein. The Fiscal Agent will maintain the registration books for the Bonds, as set forth in Section 14 hereof, and will register and authenticate the Bonds upon initial issuance as well a;, upon the transfer and exchange thereof. Principal of and interest on the Bonds will be paid by the Fiscal Agent on each Interest Payment Date from moneys transferred to the Fiscal Agent by the City. SECTION 10. Place of Payment. The principal and redemption premium on the Bonds shall be payable in lawful money of the United States of America, upon presentation . aT d surrender at the des'�mated office of the Fiscal Agent. 000051 Resolution No. gg_q, Pave -3- Interest on said Bonds shall be paid by check on each Interest Payment Date to the registered owner thereof at his or her address as it appears on the books of registration, or at such address as may have been filed with the Fiscal Agent for that purpose, as of the fifteenth (15th) day immediately preceding each Interest Payment Date. SECTION 11. Optional Redemption. At the option of the City, any Bond, or a portion thereof if issued in a denomination greater than $5,000, shall be subject to redemption and payment in advance of maturity in increments of $5,000 as provided in Section 5768 of the Bond Act, on the 2nd day of March or September in any year, by giving at least thirty (30) days notice, by registered or certified mail, or by personal service, to the registered owner thereof at his or her address as it appears on the books of registration maintained by the Fiscal Agent, upon the payment of one hundred three percent (103%) of the principal amount of Bonds called for redemption together with accrued interest to the date of redemption, or date of payment if surrendered earlier. If less than the entire Bond is redeemed, the unredeemed portion shall be reissued to the registered owner thereof. Bonds will be selected for redemption in such a way that the ratio of outstanding Bonds to issued Bonds shall be approximately the same in each annual series insofar as possible. Within each annual series, Bonds shall be selected by lot. No interest will accrue on a Bond beyond March 2 or September 2 on which the Bond is called for redemption. If a Bond is presented for payment and payment is refused because of lack of available funds, however, the Bond will continue to accrue interest. The provisions of Part 11.1 of the Bond Act are applicable to the advance payment of assessments and to the calling of the Bonds for redemption. SECTION 1?. Transfer of Registered Bonds. Any fully registered Bond may, in accordance with its terms, be transferred upon the books of registration required to be kept pursuant to the provisions of Section 14 by the owner in whose name it is registered, or by his or her duly authorized attorney or legal representative, upon surrender of such fully re�-istered Bonds for registration of such transfer, accompanied by delivery of a written instrument of transfer in a form approved by the Fiscal Agent and by the owner of said Bonds. duly executed. The Fiscal Agent shall require the payment by the Bondholder requesting such transfer of any tax or other governmental charge required to be paid with respect to such other transter and such changes as provided for in the system of registration for registered deist obligations. No transfer of fully registered Bonds shall be required to be made during the fifteen (15) days next preceding each Interest Payment Date. SECTION 13. Exchange of Registered Bonds. Fully registered Bonds may be exc-an,-ed at the office of the Fiscal Agent, or designated transfer agent/registrar, for a like agregate principal amount of Bonds of the same series, interest rate and maturity, subject to t:1e terms and conditions provided in the system of registration for registered debt oa)li_ations. including the payment of certain charges, if any, upon surrender and :.-7.cellation of said Bonds. Upon such transfer and exchange, a new registered Bond or 0()005A' Resolution No. 98-93 Page -4- Bonds of anv authorized denomination or denominations of the same maturity for the same aggregate principal amount will be issued to the transferee in exchange therefor. SECTION 14. Books of Registration. There shall be kept by the Fiscal Agent sufficient books for the registration and transfer of the Bonds and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said register, the Bonds as hereinbefore provided. The register shall show the series, number, date, amount, rate of interest and last known holder of each Bond, and the number and amount of each interest payment made. SECTION 15. Execution of Bonds. The Bonds shall be executed on behalf of the City by the Treasurer and by the City Clerk (the "Clerk"), by the manual or facsimile signature, and the corporate seal shall be reproduced by similar means on the Bonds. The Bonds shall then be delivered to the Fiscal Agent for authentication and registration. In case an officer who shall have signed or attested to the Bonds shall cease to be such officer before the authentication, delivery and issuance of the Bonds, such Bonds nevertheless may be authenticated, delivered and issued, and upon such authentication, delivery and issue, shall be as binding as though those who signed and attested the same had remained in office. SECTION 16. Authentication. Only the Bonds as shall bear thereon a certificate of authentication substantially in the form below, manually executed by the Fiscal Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Resolution, and such certificate of the Fiscal Agent shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder, and are entitled to the benefits of this Resolution. [FORM OF] FISCAL AGENT,S CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the Bonds described in the within-mentioned Resolution which has been authenticated and registered on , 199 as Fiscal Agent BN: _authorized Signaton- SECTION 17. Negotiability Registration and Transfer of Bonds. The transfer of any Bend ina% be retnstered only upon such books of registration upon surrender thereof to the Fiscal _A ent together with an assignment duly executed by the owner or his or her attorney or le�,al representative, in satisfactory form. Upon any such registration of transfer, a new Bond or Bonds :hall be authenticated and delivered in exchange for such Bonds, in the 000053 Resolution No. 98-93 Page -5- name of the transferee, of any denomination or denominations authorized by this Resolution, and in an aggregate principal amount equal to the principal amount of such Bond or principal amount of such Bond or Bonds so surrendered. In all cases in which Bonds shall be exchanged or transferred, the Fiscal Agent shall authenticate at the earliest practical time, Bonds in accordance with the provisions of this Resolution. All Bonds surrendered in such exchange or registration transfer shall forthwith be cancelled. The legislative body may make a charge for every such exchange or registration of transfer of Bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer. The Fiscal Agent shall not be required to make such exchange or registration of transfer of Bonds during the fifteen (15) days immediately preceding any Interest Payment Date. SECTION lg. Ownership of Bonds. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal and redemption premium, of any such Bond, and the interest on any such Bond, shall be made only to or upon the order of the registered owner thereof or his or her legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bonds, including the redemption premium, and interest thereon, to the extent of the sum or sums so paid. SECTION 19. Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond secured hereby shall become mutilated or be destroyed, stolen or lost, the Council shall cause to be executed and authenticated a new Bond of like date and tenor in exchange and substitution for and upon the cancellation of such mutilated Bond or in lieu of and in substitution for such Bond destroyed, stolen or lost, upon the owner's paying the reasonable expenses and charges in connection therewith, and, in the case of a Bond destroyed, stolen or lost, his or her filing with the Fiscal Agent of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of his or her ownership thereof, and furnishing the Fiscal Agent, with indemnity satisfactory to it. SECTION 20. Cancellation of Bond. All Bonds paid or redeemed, either at or before maturity. shall be cancelled upon the payment or redemption of such Bonds, and shall be delivered to the Fiscal Agent when such payment or redemption is made. All Bonds cancelled under any of the provisions of this Resolution shall be destroyed by the Fiscal _agent. SECTION 21. Construction Fund. The Construction Fund shall be established and maintained by the City. The proceeds from the sale of the Bonds, after deposit of required amounts in the Reserve Fund and Redemption Fund (as defined below), shall be placed in t'ne fund hereby created, pursuant to Sections 10602 and 10424 of the California Streets and 1--li�o-hways Code, as amended, which shall be called the "City of Atascadero, Street Improvement Project No. 1992 - Construction Fund" (the "Construction Fund"), and the mor_ies in the Construction Fund shall be used only for purposes authorized in said assessment proceedings. 0000511 Resolution No. 98-93 Page -6- Except as expressly authorized by Section 36 of this resolution, the City shall disburse moneys from the Construction Fund only upon receipt of a requisition of the City, signed by the City Manager, City Finance Director, Community Development Director, Treasurer, Administrative Services Director, City Attorney, or any other officer of the City duly authorized by any of the foregoing officers to sign said requisition. Said requisition shall state all of the following: 1. The amount of the request; 2. The purposes for which the money will be used; 3. The fact that said purposes are authorized under the assessment proceedings; 4. That said amount does not exceed the amount contemplated for such purposes under the assessment proceedings; and 5. That the officer executing the requisition is authorized to do so under this Resolution. Each requisition shall be sequentially numbered and no amounts may be disbursed from the Construction Fund except upon receipt of said requisition. Amy investment earnings on amounts on deposit in the Construction Fund shall be used for the purposes set forth in the assessment proceedings, subject to any rebate to the federal uovernment, which rebate calculations will be made by the City in accordance with the Non-Arbitrage Certificate and the Rebate Certificate, to be executed the day the Bonds are sold and delivered (the "Closing Date"). SECTION 23. Redemption Fund. The Redemption Fund shall be established and maintained by the Fiscal Agent. Principal of and interest on said Bonds shall be paid only out of the Redemption Fund created pursuant to Section 8671 of the Bond Act, which shall be called the "City of Atascadero, Street Improvement Project No. 1992 - Redemption Fund" (the "Redemption Fund"). Payment of the Bonds at maturity, or at redemption prior to maturity, and all interest and premiums on the Bonds shall be paid from the Redemption Fund. In all respects not recited herein, said Bonds shall be governed by the provisions of the Bond Act. SECTION 24. Reserve Fund. The Reserve Fund shall be established and maintained by the Fiscal Agent. There shall be deposited into the Reserve Fund the amount of the Reserve Requirement, as defined below and in Section 148 of the Internal Revenue Code of 1986, or the Regulations promulgated thereunder, which shall be called The 11CMy of Atascadero, Street Improvement Project No. 1992 - Reserve Fund (the "Resen-e Fund"). Subject to any rebate to the federal government, all investment earnings on the Reserve Fund will remain in the Reserve Fund and be used for the purposes set forth below: provided, however. that under no circumstances shall the Reserve Fund exceed the Reserve Requirement. The Reserve Requirement is defined as the lesser of (i) ten percent of the proceeds (as said term is defined in Section 148 of the Internal Revenue Cede of 10So. or the re-ulations promulgated thereunder) of the Bonds, (ii) 125% of the averai,e annual debt service on the Bonds, or (iii) maximum annual debt service on the Bends ohe "Resen-e Requirement"). 00005 Resolution No. 98-93 Page -7- A. Whenever there are insufficient funds in the Redemption Fund to pay the next maturing installment of principal of or interest on the Bonds, an amount necessary to make up such deficiency will be transferred from the Reserve Fund, to the extent of available funds, to the Redemption Fund in accordance with the Bond Act. The amount so advanced shall be reimbursed to the Reserve Fund from the proceeds of redemption or sale of the parcel for which payment of delinquent assessment installments was made from the Reserve Fund. B. If any assessment or any portion thereof is prepaid prior to the final maturity of the Bonds, the amount of principal of the assessment to be prepaid will be reduced. The proportional reduction of the assessment shall equal the ratio of the total amount initially provided for the Reserve Fund to the total amount originally assessed in the improvement proceedings. The reduction in the amount of principal prepaid shall be compensated for by a transfer of like amount from the Reserve Fund to the Redemption Fund. C. The amounts deposited in the Reserve Fund shall never exceed the Reserve Requirement, and, except to the extent, if any, required for rebate to the federal government, all proceeds from investment of moneys on deposit in the Reserve Fund in excess of the Reserve Requirement will be transferred to the Redemption Fund, on each Interest Pavment Date, and credited upon the Assessment District assessments. • D. When the amount in the Reserve Fund equals or exceeds the amount required to retire the remaining unmatured Bonds (whether by advance retirement or otherwise). the amount of the Reserve Fund shall be transferred to the Redemption Fund, and the remaining installments of principal and interest not yet due from assessed property owners shall be cancelled without payment, subject to satisfaction of the Fiscal Agent and Treasurer. SECTION 25. Investment of Moneys. Subject to certain tax covenants described below and contained in the Non-Arbitrage Certificate and the Rebate Certificate, to be executed on the Closing Date, the Fiscal Agent shall invest the Redemption Fund and Resen-e Fund in accordance with the City Is investment policies. All investment earnings shall be credited to the fund in which they were earned, and said investment earnings may be applied for the purposes of such fund, subject to certain requirements regarding rebate to the federal government, if any. SECTION 26. Surplus Construction Fund Moneys. The City hereby covenants that any proceeds remaining in the Construction Fund shall be used to reimburse the Assecsment District according to Sections 10427 and 10427.1 of the Act and in conformity .with the En�,ineer I s Report for the Assessment District which is on file in the City Clerk's office fo- further particulars. Resolution No. 98-93 Page -8- SECTION 27. Covenant to Foreclose. The City hereby covenants that upon default of any assessment payment due, it will cause foreclosure proceedings to be brought within one hundred fifty (150) days of such default and thereafter diligently prosecute such proceedings to completion. SECTION 28. Books and Accounts: Financial Statement. The City will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City in which complete and correct entries shall be made of all transactions relating to the project. SECTION 29. Further Assurances. The City will adopt, make, execute and deliver anv and all such further resolutions, instruments and assurance as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Resolution, and for the better assuring and confirming unto the Owners of the Bonds of the rights and benefits provided in this Resolution. SECTION 30. Tax Covenants. The City covenants to satisfy certain restrictions which relate to conditions precedent to the issuance of tax-exempt obligations, as contained in the Non-Arbitrage Certificate and the Rebate Certificate, to be executed on the Closing Date. and said covenants are incorporated herein by reference. SECTION 31. Supplemental Resolutions Effective Without Consent of the Owners. The City may from time to time, and at any time, without notice to or consent of any of the Bondowners. adopt resolutions or orders supplemental to this Resolution for any of the following purposes: (a) to cure any ambiguity, to correct or supplement any provision in this Resolution which mav_ be inconsistent with any other provision in this Resolution, or to make any other provision with respect to matters or questions arising under this Resolution or in any additional resolution or order, provided that such action shall not adversely affect the interest of the Bondowners, (b) to add to the covenants and agreements of and the limitations and the restrictions upon the City contained in this Resolution, other covenants, agreements, limitations and restrictions to be observed by the City which are not contrary to or inconsistent with this Resolution as theretofore in effect or are necessary to ensure that the interest on the Bonds remains excludable from gross income for federal income tax purposes: and (c) to modify, alter. amend or supplement this Resolution in any other respect \�hich is not adverse to the interests of the Bondowners. SECTION 32. Supplemental Resolutions Effective With Consent of the Owners. An\ modification or amendment of this Resolution and of the rights and obligations of the Cite and of the Owners of the Bonds, in any particular, may be made by a supplemental resolution. with the written consent of the Owners of at least sixty percent (60%) in 0000:x'7 Resolution No. 98-93 Page -9- aggregate principal amount of the Bonds Outstanding at the time such consent is given. No such modification or amendment shall permit a) any extension of the maturity date of the principal of, or the payment date of interest on, any Bond, b) a reduction in the principal amount of, or the redemption premium on, any Bond or the rate of interest thereon, c) a preference or priority of any Bond or Bonds, or d) a reduction in the aggregate principal amount of the Bonds the Owners of which are required to consent to such modification or amendment without the consent of all the Owners of such Bonds, or shall change or modify any of the rights or obligations of the Fiscal Agent without its written assent thereto. SECTION 33. Removal of Fiscal Agent. The City may at any time at its sole discretion remove the Fiscal Agent initially appointed, and any successor thereto, by delivering to the Fiscal Agent a written notice of its decision to remove the Fiscal Agent and may appoint a successor or successors thereto; provided that any such successor, other than the Treasurer, shall be a bank or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least ten million dollars ($10,000,000), and subject to supervision or examination by federal or state authority. Any removal shall become effective only upon acceptance of appointment by the successor Fiscal Agent. If any bank or trust company appointed as a successor publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this section the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. SECTION 34. Resignation of Fiscal Agent. The Fiscal Agent may at any time resign by giving written notice to the City and by giving to the Owners notice of such resignation. which notice shall be mailed to the Owners at their addresses appearing in the registration books in the office of the Fiscal Agent. Upon receiving such notice of resn_nation, the City shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent and appointment of a successor Fiscal Agent shall become effective only upon acceptance of appointment by the successor Fiscal Agent. Unless a successor Fiscal Agent shall have been appointed by the City and shall have accepted its appointment within 90 days after the resignation or removal of the Fiscal _-gent. as aforesaid, the Fiscal Agent may petition a court of competent jurisdiction to appoint a Fiscal Agent to fill such vacancy. SECTION 35. Order to Print and Authenticate Bonds. The Treasurer is hereby instructed to immediately cause Bonds, as set forth above, to be printed, and to proceed to cause said Bonds to be authenticated and delivered to an authorized representative of the purchaser, upon payment of the purchase price as set forth in the Purchase Agreement fully executed b\ the City. SECTION 36. Performance of Duties by Officers. Each and every officer of the Cit\ is authorized to perform his or her services on behalf of the City. The City Manager, or his or her written designee, is authorized to pay the costs of such services and all other costs necessar< to effect the issuance of the Bonds. Such services and costs shall include, but not limited to, engineering services, costs to print the Bonds, costs to print the 0000..; Resolution No. %_93 Page -10- Preliminary Official Statement and Official Statement, Bond Counsel services, Fiscal Agent services, costs to prepare Auditor's Records, and any other services appropriate for the issuance of the Bonds. These costs shall be paid only from monies on deposit in the Acduisition Fund. SECTION 37. Ratification of Previous Actions: Future Actions. All actions heretofore taken by officers and agents of the City with respect to the sale and issuance of the Bonds are hereby approved, confirmed and ratified, and the City Manager, Treasurer, Administrative Services Director, City Attorney, or any other officers of the City duly authorized by the foregoing officer are hereby authorized and directed to take any actions and execute and deliver any and all documents as are necessary to accomplish the issuance, sale, and delivery of the Bonds in accordance with the provisions of this Resolution and the fulfillment of the purposes of the Bonds as described in this Resolution. In the event that the Mayor is unavailable to sign any document authorized for execution herein, the City Manager, City Attorney, or the Treasurer is hereby authorized to sign such document. Any document authorized hereby to be signed by the Clerk may be signed by a duly appointed deputy clerk. SECTION 38. Approval of the Preliminary Official Statement. The City hereby authorizes the Citv Manager, City Attorney, Administrative Services Director or Treasurer to approve the distribution of a final Preliminary Official Statement relating to the Bonds (the "Official Statement") by Spelman & Co., Inc. (the "Underwriter"), and the execution of a certificate complying with Rule 15c2-12 of the Securities and Exchange Commission by an authorized City official. The Mayor, City Manager, City Attorney, Administrative Services Director, or Treasurer are hereby authorized and directed to approve any changes in or additions to a final form of said Preliminary Official Statement whose execution thereof shall be conclusive evidence of approval of any such changes and additions. SECTION 40. Other Officers. That the officers responsible for the execution of any of the aL-reements, orders, or covenants contained in any of the foregoing Sections or in any other document heretofore approved in these proceedings are hereby authorized and directed to take anv actions and execute and deliver any and all further documents, agreements or certificates as are necessary to accomplish the issuance and sale of the Bends. 000059 Resolution No. 98-93 Page -11- 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 APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 00000) Resolution No. 98-93 Exhibit "A" Page -1- EXHIBIT "All LIST OF UNPAID ASSESSMENTS Name of Diagram Assessor's Final Owner Assmnt No. Parcel No. Assmnt Area No. 1, 3-F Meadows P. & S. Van Benthuvsen 1 055-102-007 $5,716.32 8520 Casanova Road Atascadero. CA 93422 Harlan & B.R. Hallett 2 055-102-011 -0- 8325 Sierra Vista Atascadero. CA 93422 Hector & Elena Castro 4 055-102-002 5,716.32 is 8570 Casanova Road Atascadero. CA 93422 M.J. & A.L. Emrich 5 055-102-001 5,716.32 8580 Casanova Road Atascadero. CA 93=122 Matthew & C.A. Dilullo 6 055-083-004 5,716.32 8610 Casanova Road Atascadero. CA 934?2 Thomas J. Hansen 7 055-083-005 5,716.32 8620 Casanova Road Atascadero. CA 934-12 C.D. & K.H. Wyckoff 9 055-082-008 5,716.32 8670 Casanova Road Atascadero, CA 93422 Dou! las & Jeanne Brown 10 055-082-007 5,716.32 100 5 _Nndrita Road Atascadero. CA 9342 OOOOQ;I Resolution No. 98-9 0 Exhibit "A" Page -2- 1.1 NOT USED David & Linnea Glover 12 055-082-001 5,716.32 8700 Casanova Road Atascadero, CA 93422 United Airlines Employees 13 055-072-006 5,716.32 P.O. Box 66100 Chica��o, ILL 60666 Donald D. Rossi 14 055-072-002 5,716.32 8730 Casanova Road Atascadero, CA 93422 John T. & Diane Nisbet 15 055-072-005 5,716.32 10835 Portal Road Atascadero, CA 93422 16 NOT USED AWichael D. McGranahan 17 054-321-008 5,716.32 W65-5 Silverado Place Paso Robles. CA 93446 C.A. & J.F. Bove 18 054-321-011 5,716.32 10050 Andrita Road Atascadero. CA 93=122) A.�1. & A.L. W'aterbunT 19 055-073-002 5,716.32 10090 Andrita Road Atascadero, CA 93422 Warren & Jane Hooper 20 055-071-015 5,716.32 8795 Ca�-�anova Road Atascadero. CA 93422 Joseph & Jean Kuntze 21 055-071-014 5,716.32 8775 Casanova Road Atascadero. CA 934„ Alex O. Tavlor 22 05.5-071-001 5,716.32 S76� Casanova Road Atascadew. CA 93422 0000 ;2 Resolution No. 98-93 Exhibit "A" Page -3- Charles & Ardena Braff 23 055-081-004 5,716.32 8735 Casanova Road Atascadero, CA 93422 Centra Coast Neuro- 24 055-081-001 5,716.32 behavior Center P.O. Boa 877 Morro Bay, CA 93442 Roy D. Giffith 25 055-081-002 5,716.32 9190 Barranca Road - Atascadero. CA 93442 John L. Cotsenmoyer 26 055-081-010 5,716.32 8705 Casanova Road Atascadero. CA 93422 Paul & Gunhild Buhl 27 055-081-012 5,716.32 8687 Casanova Road Atascadero. CA 93422 Paul & Gunhild Buhl 28 055-081-011 5,716.32 8687 Casanova Road Atascadero. CA 93422 Marcel & Helen Texeira 29 055-081-006 5,716.32 P.O. Box 1178 Atascadero. CA 9 342 3 Susanna L. hind 30 055-081-003 5,716.32 8635 Casanova Road Atascadero. CA 93422 P.R. & B.J. Benedict 31 055-101-001 5,716.32 8625 Casanova Road Atascadero. CA 93422 Dean C. & Paula Ott 32 055-101-013 5,716.32 2495 Hii,,hland Road Lapland. CA a 1786 R.L. & R.T. Romera 33 055-101-006 5,716.32 8595 Casanova Road Atascadero. CA 93421 _ 000OG3 Resolution No. 98-93 • Exhibit "A" Page -4- Anthony Avina Tr. 34 055-101-007 5,716.32 8585 Casanova Road Atascadero, CA 93422 R.A. & J.K. Dumouchelle 35 055-101-012 5,716.32 9305 Barranco Atascadero, CA 93422 Kenneth E. Morgan 36 055-101-004 5,716.32 9900 Carmelita Avenue Atascadero, CA 93422 _ Wlm. & Frances Knucles 38 055-101-017 5,716.32 8565 Casanova Road Atascadero, CA 93422 James B. Misslin 39 055-101-016 5,716.32 9860 Carmelita Avenue Atascadero. CA 93422 � onald & Jill Alanis 40 055-101-009 5,716.32 25 Casanova Road Atascadero. CA 93422 Harry & Doris Hughes 41 055-101-015 5,716.32 8505 Casanova Road Atascadero. CA 93422 Michael & Cherilee Virgil 4' 055-062-040 5,716.32 9185 Barranco Atascadero. CA 93422 John R. Zufelt 43 055-062-039 5,716.32 1170 Black Canyon Road Susana Knolls. CA 93063 Ron & Renee Silberman 44 055-062-032 5,716.32 9210 Lucinda Lane Atascadero. CA 93422 Ellerslie & B.J. Stevenson 45 055-062-041 5,716.32 9"0 Lucinda Lane Atascadero. CA 934" i 00001- Resolution No. 98-93 Exhibit "A" Page -5- Robert A. Green 46 055-062-042 5,716.32 9230 Lucinda Lane Atascadero, CA 93422 Robert & Peggy Babcock 47 055-062-027 5,716.32 9240 Lucinda Lane Atascadero, CA 93422 Isidoro & Martha Espinosa 48 055-062-020 5,716.32 9267 Barranco Road Atascadero, CA 93422 Howard & Joan Marohn 49 055-062-022 5,716.32 9265 Barranco Heights Atascadero, CA 9 3422 Lvle & Linda C.irry 50 055-062-019 5,716.32 9263 Lucinda Lane Atascadero, CA 934'_2 Michael J. Fitzpatrick 51 055-062-028 5,716.32 9253 Lucinda Lane Atascadero, CA 93422 Ramon & B.M. Campbell 52 055-062-029 5,716.32 9243 Lucinda Lane Atascadero. CA 93422 James C. Carer 53 055-062-023 5,716.32 9233 Lucinda Lane Atascadero. CA 93422 Kevin & Lorie Almeida 55 055-062-033 5,716.32 9213 Lucinda Lane Atascadero. CA 434121 William L. Hinson 56 055-061-003 5,716.32 9220 Barranco Road Atascadero. CA 034-22' Thomas & Jana Way 57 055-061-002 5,716.32 9240 Barranco Road Atascadero. CA 03422 00006: Resolution No. gR—g,� Exhibit "A" Page -6- Floyd & Doreen Lowe 58 054-311-022 5,716.32 9270 Barranco Road Atascadero, CA 93422 Carl Brown 59 054-311-056 5,716.32 9280 Barranco Road Atascadero, CA 93422 William & Joan Keil 60 054-311-055 5,716.32 9380 Barranco Road Atascadero, CA 93422 Milton J. Souza 61 054-311-019 5,716.32 9390 Barranco Road Atascadero, CA 93422 Richard & Elaine Phillips 62 054-311-016 5,716.32 9425 Barranco Road Atascadero, CA 93422 *ornelis & Elsje DeKoster 63 054-311-038 5,716.32 agertuinen 53 2172 xJ Sassenheim The Netherlands Fr. 99999 Donald & Penny Monmonier 65 0.55-062-036 5,716.32 P.O. Box 1059 Atascadero, CA 934'3 Arthur Stenaer 67 055-062-037 5,716.32 9345 Barranco Road Atascadero. CA 93.1" Home Savincys of America 68 055-062-034 5,716.32 4900 Rig erarade Road Invindale. CA 91?06 Robert L. Dostalel: 69 055-062-035 5,716.32 928 Lucinda Lane Atascadero. CA 9322 Wade & Rita Roben 70 055-062-030 5,716.38 9203 Lucinda Lane Atascadero. CA Q-34+22 000066; Resolution No. 98-93 Exhibit "A" Page -7- Area No. 3, Las Encinas Orville L. Horst 1 049-241-019 6,129.87 7205 Del Rio Road Atascadero, CA 93422 John M. Arrambide 2 049-241-021 6,129.87 7243 Del Rio Road Atascadero, CA 93422 Shirlev A. Nathan 3 049-241-020 6,129.87 P.O. Box 843 Atascadero, CA 93423 Russell P. Tolchard 4 049-241-022 6,129.87 7277 Del Rio Road Atascadero, CA 93422 Larry D. Stephens 5 049-241-027 6,129.87 2015 Aluiras Atascadero. CA 934-22 Gordon T. Davis 6 049-241-033 6,129.87 P.O. Box 2400 Atascadero. CA 93423 Fred D. & Jeannie Ptlum 7 049-241-045 6,129.87 2021 Alturas Road Atascadero. CA 93422 Jeffrey M. Trippon 8 049-241-046 6,129.87 2025 Aluiras, Road Atascadero. CA 934-- Keith D. Brummel 9 049-241-043 6,129.87 2035 Alniras Road Atascadero, CA 93-4-22 E.J. c� S. Hunt 10 049-271-010 6,129.87 1538 Bellefontaine River,ide. CA 92506 o000G'7 Resolution No. 98-93 Exhibit "A" Page -8- E.J. & S. Hunt 11 049-271-010 6,129.87 1538 Bellefontaine Riverside, CA 92506 Paula J. Dumouchelle 12 050-031-041 6,129.87 2100 Alturas Road Atascadero, CA 93422 Robert C. Metzinger 13 050-031-040 6,129.87 2054 Alturas Road Atascadero, CA 93422 Robert F. & Del Weiss 14 050-031-039 6,129.87 2042 Alturas Road Atascadero, CA 93422 Robert F. & Del Weiss 15 050-031-038 6,129.87 2042 Alturas Road Atascadero. CA 93422 Iolf E. Ro-ers 16 049-241-023 6,129.87 026 Alturas Road Atascadero. CA 93422 O.L. & R.C. Servatius 17 049-241-018 6,129.87 7405 Del Rio Road Atascadero. CA 93422 T.P. & J. Nielsen 18 049-241-024 6,129.87 P.O. Box 427 San Luis Obispo. CA 93401 Mark A. & Vicki Mitchell 19 049-241-025 6,129.87 7505 Del Rio Road Atascadero. CA 93422 Laura L. Simpson 20 050-031-010 6,129.87 767 Del Rio Road Atascadero. CA 93422 M. A. & B.J. Tull 21 050-031-011 6,129.87 769 Del Rio Road Atascadero. CA 93.122 OOO�J�� Resolution No. 98-93"A" Page -9- Larry D. Chase 22 050-031-003 6,129.87 1940 Bur Oak Drive Modesto, CA 95354 Richard L. Hodgkiss 23 050-031-022 2,971.98 P.O. Boa 1307 Atascadero, CA 93423 Jeffrev D. Orcutt 24 049-232-019 6,129.87 7650 Del Rio Road Atascadero, CA 93422 - Robert L. Yehling 25 049-232-018 6,129.87 7644 Del Rio Road Atascadero, CA 93422 Alexander T. Gronstrand 26 049-232-013 6,129.87 7620 Del Rio Road Atascadero, CA 93422 Robert L. Sollev 29 049-271-003 6,129.87 2075 .AJturas Road Atascadero. CA 93422 Magdalena C. Nemeth 30 049-271-002 6,129.87 P.O. Box 2399 Atascadero. CA 93423 Harold P. &- Janet Haves 31 049-271-001 6,129.87 2505 Alturis Road Atascadero, CA 93422 32 NOT USED Jami D. Tulled�,e 33 050-111-011 6,129.87 875 Del Rio Road Atascadero. CA 93422 34 NOT USED Miclhael J. & 'M.D. Vierra 35 050-031-028 6,129.87 1819 State Street. Ste. G Santa Barbara, CA 93101 000(%9 Resolution No. 98-93 Exhibit "A" Page -10- E.M. &- M. M. Crook 36 050-031-016 6,129.87 2460 Alturas Road Atascadero, CA 93422 Edward T. Riffel 37 049-231-015 6,129.87 P.O. Box 974 Atascadero. CA 93423 Stephanie E. McFadden 39 050-031-020 6,129.87 7955 Del Rio Road Atascadero, CA 93422 Michael J. Santos 40 050-031-034 6,129.87 14700 Morningside Drive Atascadero, CA 93422 Edward H. R Betty Symons 41 050-031-033 6,129.87 833 Venable Street San Luis Obispo, CA 93401 AftRaiul & Marian Cortez 42 050-031-035 6,129.87 OS Del Rio Road Atascadero. CA 93422 E.B. &- B.A. Ellis 44 050-031-030 6,129.87 7777 Del Rio Road Atascadero. CA 93422 Geor`L,e N. Knecht 45 050-031-029 6,129.87 7755 Del Rio Road Atascadero. CA 934- T T.R. -\ Y.E. Rogers 46 050-021-028 6,129.87 5358 Senceca Place Simi Vallev-. CA 93063 Robert L. & D. V. Bo`-usch 48 050-111-012 6,129.87 8305 Del Rio Road Atascadero. CA 934„ Atascadero HiL-hland-� 49 050-111-020 6,129.87 P.O. Box 511) Arroyo Grande. CA 034-20 • 0000'70 Resolution No. 98-93 Exhibit "A" Page -11- Carl R. Jorgensen 50 050-111-019 6,129.87 8355 Del Rio Road Atascadero, CA 93422 Atascadero Highlands 51 050-101-012 6,129.87 P.O. Box 519 Arroyo Grande, CA 93420 David E. Ormonde 52 050-101-011 6,129.87 P.O. Box 422 Templeton, CA 93465 George R. & M.J. Bird 53 050-092-010 6,129.87 8390 Del Rio Road Atascadero, CA 93422 August & Jane Salemi 54 050-092-007 6,129.87 8370 Del Rio Road Atascadero. CA 93422 Robert Fra-ione 55 050-021-031 6,129.87 8366 Del Rio Road Atascadero. CA 93422 Gerald A. Burns 56 050-021-032 6,129.87 8330 Del Rio Road Atascadero. CA 934222 John «'. Hull 57 050-021-33 6,129.87 1527 18th Street San Francisco. CA 94107 Young_ B. him Tr. 58 049-232-040 6,129.87 7545 San Grewrio Road Atascadero. CA 934222 H.S. McPherson 59 049-232-029 6,129.87 P.O. Box 1340 Atascadero. CA 93422 Wilmeth M. Fun-;ton 60 049-232-028 6,129.87 7605 San Grewrio Road Atascadero. C.-k 03412 000071 Resolution No. qq-g-j Exhibit "A" Page -12- Thomas H. Demby, Heirs of 61 049-232-027 6,129.87 7685 San Gregorio Road Atascadero, CA 93422 R.C. & V.L. Scott 62 049-231-014 6,129.87 7550 San Gregorio Road Atascadero, CA 93422 Thomas A. Jennings 63 049-231-012 6,129.87 7600 San Gregorio Road Atascadero, CA 93422 - Gordon T. Davis 64 049-231-003 6,129.87 P.O. Box 2400 Atascadero, CA 93423 Pacific Gas & Electric Co. 65 049-231-002 6,129.87 525 Market Street San Francisco, CA 94106 4 iberto R. Nathan 67 050-012-019 6,129.87 255 Balboa Road Atascadero. CA 93422 Edmon K. Stanlev Tr. 68 050-012-018 6,129.87 343 AN-iendo San Clemente. CA 92672 Michael A. Valko 69 050-012-020 6,129.87 8130 San Gregorio Road Atascadero. CA 93422 George R. Urquhart 70 050-012-021 6,129.87 8150 San Grei orio Road Atascadero. CA 9341"), Stephen Nt. & R.L. Thompson 71 050-012-025 6,129.87 8200 San GreLwrio Road Atascadero. CA 9;42"') S.S. & P.J. W'e�t 72 050-012-024 6,129.87 8300 San GreLorio Road Atascadero. CA • 0000'72 Resolution No. Exhibit "A" Page -13- W.E.J. & S.S. Slover 74 049-232-020 6,129.87 7800 Del Rio Road Atascadero, CA 93422 G.J. & C.A. Trigueiro 75 049-232-021 6,129.87 P.O. Box 1153 Atascadero, CA 93423 Celia T. Wolters 77 049-232-031 6,129.87 2S 567 Nelson Lake Road Batavia, IL 60510 - Celia T. Wolters 78 049-232-033 6,129.87 2S 567 Nelson Lake Road Batavia, IL 60510 Celia T. Wolters 79 049-232-032 6,129.87 2S 567 Nelson Lake Road Batavia, IL 60510 Daniel R. Trojan 80 050-021-026 6,129.87 9000 La Canada Atascadero. CA 93422 William H. & E.M. Bateman 81 050-021-025 6,129.87 8005 San Gregorio Road Atascadero. CA 93422 Donald G. Grialer 82 050-021-024 6,129.87 8055 San Gregorio Road Atascadero. CA 93422 John W. Hull 83 050-021-034 6,129.87 1527 18th Street San Francisco. CA 94107 John W. Hull 84 050-021-029 6,129.87 1527 18th Street San Francisco. CA 94107 Richard A. Maluea 85 050-021-030 6,129.87 109ti2 Bent Tree Road Santa Ana. Ca 92705 0000'73 Resolution No. 98-93 Exhibit "A" Page -14- Ronald H. & M. Kiel 86 050-021-019 6,129.87 9090 La Canada Lane Atascadero, CA 93422 K. & N. Miller 87 050-021-002 6,129.87 8405 San Gregorio Road Atascadero, CA 93422 Lindsay R.W. & H.M. 88 050-021-014 6,129.87 8505 San Gregorio Road Atascadero, CA 93422 L.C. & B.A. Kummerow 89 050-021-013 6,129.87 P.O. Box 193 Atascadero, CA 93423 Thomas E. & J.E. McNamara 90 050-021-023 6,129.87 P.O. Box 1958 Atascadero, CA 93423 illiam E. Barnes 93 050-021-021 6,129.87 755 San Gregorio Road Atascadero. CA 934_22 Marland J. Holland 94 050-092-003 6,129.87 8775 San Gregorio Road Atascadero. CA 934-11 Eveline Blanchette 95 050-092-008 6,129.87 8855 San Gre-orio Road Atascadero. CA 93422 Brian L. CN-ester 96 050-092-009 6,129.87 8450 Del Rio Road Atascadero. CA 93.122 D.F. & M.C. Anderson 97 050-101-015 6,129.87 8445 Del Rio Road Atascadero. CA 93.122 Thomas E. plc\amara 98 050-101-009 6,129.87 8130 El Camino Real Atascadero. CA i 0000'74 Resolution No. 98-93 Exhibit "All Page -15- John E. King 99 050-101-002 6,129.87 P.O. Box 2119 Avila Beach, CA 93424 Lewis B. Ind 101 050-091-004 6,129.87 231 Harsin Lane Santa Maria, CA 93455 C.W. & E.W. Hessick 102 050-091-013 6,129.87 P.O. Box 58 Atascadero, CA 93423 R.G. & E.D. McKenzie 104 050-091-007 6,129.87 690 Thornbrook Drive Merlin, OR 97532 A.H. & L.A. Youna 105 050-012-014 6,129.87 8520 San GreaorioyRoad Atascadero. CA 93422 Stewart C. Hinckley 106 050-012-013 6,130.17 8400 San Gregorio Road Atascadero. CA 93422 TOTAL ASSESSMENT: $909,485.97 i 00001,75 RESOLUTION NO. 99-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AWARDING SALE OF BONDS CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992 WHEREAS, the City Council (the "Council") of the City of Atascadero, California (the "City"), has heretofore undertaken proceedings pursuant to the Municipal Improvement Act of 1913, being Division 12 of the California Streets and Highways Code (the "Act"); and WHEREAS, pursuant to Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DETERMINING UNPAID ASSESSMENTS, PROVIDING FOR THE ISSUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 191511, adopted by the City Council of the City on August 3, 1993, the City desires to sell the City of Atascadero, Limited Obligation Improvement Bonds, City of Atascadero Street Improvement Project No. 1992, in the aggregate principal amount of not to exceed $910,000.00 (the "Bonds"), to Spelman & Co., Inc.. upon the terms and conditions contained in the below-mentioned Bond Purchase A!,,reement. NO«". THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. That the Bond Purchase Agreement on file with the City Clerk and attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved with such additions, changes, or deletions as may be directed by the officer executing_ the same. said execution to be considered approval of any such additions, changes, or deletions. OOQO'76 Resolution No. 99-93 Page Two SECTION 2. That the Mayor, City Manager, Administrative Services Director, City Attorney, City Treasurer, or an authorized deputy of either, be and are hereby directed to execute such Bond Purchase Agreement, together with any additions, changes, or deletions as said officer directs. SECTION 3. That the Treasurer of the City be and is hereby directed to have the Bonds printed forthwith and immediately signed, sealed and delivered to Spelman & Co., Inc., in exchange for the purchase price thereof. * * * * * * * * * * On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the followin, roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE RABOIN. City Clerk MARTY KUDLAC, Mayor APPROVED AS TO FORM: ARTHER R. NIONTANDON, City Attorney 0000'7' REPORT TO CITY COUNCIL CITY OF ATASCADERO Item No: C-4 ------------------------------------------- Through: Andy Takata, City Manager Meeting Date : 08-10-93 Via: Richard H. McHale, hie# of Police From: Cynthia Reid, Po ice Sergeant ----------------------------------------------------- SUBJECT: Request through the City Managers office to initiate an amendment to the City Ordinance regulating usage of firearms within city limits and adding the prohibition of hunting. RECOMMENDATION: Staff recommends that the City Council considers for adoption the City . Ordinance amendment, with the additional hunting definition. BACKGROUND: • The Book of Ordinances of the City of Atascadero currently prohibits the usage of firearms and dangerous and deadly weapons within city limits . This amendment further defines dangerous and deadly weapons . Additionally, this amendment defines and clarifies hunting and specifically prohibits hunting within the city limits . ANALYSIS: Although the existing ordinance prohibiting the usage of firearms within the city limits does not allow hunting, this amendment gives greater clarification both as to what constitutes a dangerous and deadly weapon and also clearly defines hunting. ORDINANCE NO. 272 AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ATASCADERO MUNICIPAL CODE DEFINING DANGEROUS WEAPONS AND PROHIBITING HUNTING WITHIN THE CITY LIMITS (CITY COUNCIL INITIATED) WHEREAS, Section 65858 of the Government Code authorizes the adoption by local legislative bodies of interim ordinances as urgency measures to protect the publi"c safety, health and welfare; and WHEREAS, consideration of an urgency measure shall require a 4/5th vote of the legislative body for adoption; and WHEREAS, there is an urgent need, in the interest of public safety, to clarify the definition and usage of dangerous weapons; and WHEREAS, there is an urgent need, in the interest of the preservation of birds and other wildlife to define and prohibit hunting; and • NOW, THEREFORE, the Atascadero City Council does ordain as follows: Section 1. Ordinance Text Change . A. Title 4, Chapter 3 (Discharge of Firearms and Dangerous Weapons) , Article 1, Sec 4. 3.101 of the Public Safety Ordinance text are hereby amended as shown in the attached Exhibit "A", which is hereby made a part of this ordinance by reference. B. Article 2, Sec. 4-3 .201 of the Public Safety Ordinance text are hereby added as shown in the attached Exhibit "B", which is hereby made a part of this ordinance by reference . Section 2 . The City Council hereby declares that this is an urgency ordinance necessary to preserve the public peace, health and safety due to the facts set forth above. Section 3 . This ordinance being an urgency ordinance for the immediate • protection of public safety, health and general welfare, containing a declaration of the facts constituting the urgency and passed by a four-fifths ( 4/5ths) vote of the Council shall take effect immediately upon its adoption. Ordinance No. 272 Page Two Section 4 . 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 certification together with proof of posting to be entered into the Book of Ordinances of the City, ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE RABOIN, City Clerk MARTY KUDLAC, Mayor MARO V D AS TO FORM: ART MONT NDON, City Attorney APPROVED AS TO CONTENT: RICHARD H. McHALE, Chief of Police i • ORDINANCE NO. 272 EXHIBIT "A" CHAPTER 3. 9119eHARGS BF FIREARMS miB BANGE APON FIREARMS, DANGEROUS WEAPONS AND HUNTING Article 1 . Discharge of Firearms and Dangerous Weapons Sec. 4-3 .101 Definitions. As used in this chapter, unless the context clearly requires a different meaning, the following words are defined as indicated above : (a ) Firearm Defined. Any device designed to be used as --a weapon from which is expelled a projectile by the force of any explosion, or other form of combustion. (b) Dangerous Weapon Defined. Any deviee designed to be used as---& wea p e n w h i e h is e a gable—e€ expelling ilfity —ieek. Dangerous and deadly weapon, as used in this cha ter shall include, but not be limited to, any revolver, pistol, shotgun, rifle, or firearm which may be used for the explosion of cartridges, and any air gun, "B-B" gun, gas-operated gun, spring gun, slingshot,- hunting bow and arrow, blowgun, and any weapon ord,evice capable of catapulting, dispelling, or discharging any projectile, missile oe object of any type. • ORDINANCE NO. 272 EXHIBIT "B" Article 2 . Hunting Sec. 4-3 .201. Definition (a) Hunt Defined Includes pursue, trap, catch, iniure, capture, kill or attempt to pursue, trap, catch, injure, capture or kill with or without a fire arm or dangerous weapon. Sec. 4-3 .202 . Hunting It is a misdemeanor to hunt any bird or animal within the city limits. REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-1 From: Arther Montandon, City Attorney Meeting Date:-742-W-93---8/10/93 Via: Andrew Takata, City Manager - SUBJECT: Fashion Outlet Agreement, Public Improvement Financing RECOMMENDATION: Council review and approve the attached agreement and adopt Resolution No. 89-93 authorizing execution. BACKGROUND: At a previous City Council meeting, the City Council approved, in concept, the attached agreement. This agreement will obligate the City to pay up to $93,000.00 per year out of City Sales Tax proceeds from the Factory Outlet. In response to some of the concerns expressed at the previous ;meeting, we have written this agreement with certain safeguards. The most important safeguard is that the City is not obligated to pay any more than the sales tax it receives from the Factory Outlet (maximum $92,000.00 per year). This provision protects the City in the following ways: 1 . If the project is not built, the City would not have to pay any money. 2. If the Factory Outlet does not open, or if it closes, the City would not have to pay any money. 3. If the sales tax received falls below expectations, the City would not have to pay more than it receives. 4. If the owners of the Factory Outlet do not pay their share of the assessments, the agreement terminates and the City does not have to pay any more money. Thus, the City has no liability to the bondholders. ARM:cw Attachments EXHIBIT A . PARCEL B That portion of Lots 9, 10, 11, 12 , and 13 in Block 23 of Atascadero Colony in the City of Atascadero as shown on map recorded in Book of Licensed Surveys at Page , filed in the office of the County Recorder of the County of San Luis Obispo, State of California, being more particularly described as follows: Commencing at a 1" iron pipe with plastic cap stamped "CALIF. DOT" at tge northwesterly most corner of said Lot 13 as shown on said map; thence along the southerly right-of-way line of Del Rio Road North 63 °27107" East 71.49 feet to a 3/4" iron pipe with tag stamped "LS 5201" as shown on said map; thence along said right-of-way line as described in Offer of Dedication recorded in Book of Official Records at Page of said County North 70°00126" East 34 .43 ' to a 3/4" iron pipe with tag stamped "LS 5201" as shown on said map; thence leaving said right-of-way line South 25°04131" East 140. 67 feet to a 3/4" iron pipe with tag stamped "LS 5201" as shown on said map; thence North 64 °35129" East 111. 00 feet to a 3/4" iron pipe with tag stamped "LS 5201" on the southwesterly right-of-way line of E1 Camino Real as shown on said map; thence along said right-of-way line South 25°04 '31" East 891.47 feet to a rebar and cap stamped "LS 5571" as shown on said map; thence leaving said right-of-way line South 64°55106" West 316.95 feet to a rebar and cap stamped "LS 5571" on the northeasterly right-of-way line of U. S. Highway 101 as shown on said map; thence along said right-of-way line North 28 °02149" West 221. 64 feet to a 3/4" iron pipe with cap stamped "LS 5201" as shown on said map; thence North 22 °49'31" West 271. 12 feet to a 2" iron pipe with brass cap stamped "CAL DIV HWYS STA 133+00 120 RT" as shown on said map; thence North 28° 10101" West 199. 95 feet to a 1" iron pipe with plastic cap stamped "CALIF. DOT" as shown on said map; thence North 11'46'52" West 177 . 13 feet to a 1" iron pipe with plastic cap stamped "CALIF. DOT" as shown on said map; thence North 2' 16112" West 183 . 43 feet to the POINT OF BEGINNING. A � I WY� �L -- 3 A an L. V—e_, .12recht L.S. 5201 (exp. 6-30-95) ♦ sr �f•'J - i\� f i i � i! REPORT TO CITY COUNCIL CITY OF ATASCADERO Item No . D-2 Through: Andy Takata, City Manager Meeting Date : 8-10-93 File No : GPA 93-004 ZC 93-004 Via: 4 Henry Engen, Community Development Director From:DW Steven L. DeCamp, City Planner SUBJECT: Request to initiate a special General Plan amendment cycle RECObWENDATION: Staff recommends that the City Council initiate a special General Plan amendment cycle, with concurrent Zoning Ordinance revisions as required. In addition, the Council should authorize staff to initiate the required environmental review process .. BACKGROUND: State law allows a city to amend its General Plan up to four (4) times each year. Atascadero' s policy has been to initiate amendments to its General Plan only twice a year (on April 1 and October 1) with no limit on the number of individual changes that can be sought during either "cycle . " This policy has allowed the Ci-%, to retain two (2) cycles for "special" General Plan ame-ndment requests, e .g. , emergency cases or large scale projects me---' ting individual processing. ANALYSIS : An acplication for a General Plan Land Use Map Amendment and Zcnina Ordinance Map revision have been submitted on behalf of Rex _endrix . Although the timing of this submittal does not fit ;,i:"n either of the City' s two customary General Plan amendment c%-cles, staff believes that processing of this application should beg-` :- nc,c as a special cycle . As noted above, the Council does ha-:e t-.e legal authority to authorize up to four General Plan cycles each year. Staff believes that because of its size and current General Plan designation, this proposal falls ":i-e category of projects that qualifies for "special" _.yes _. rty %�hich is the subject of this amendment request is ,. - caged _:ori-_ of Santa Barbara Road between US Highway 101 and El • :a�.in meal . The project area consists of 14 parcels containing 0000SI REPORT TO CITY COUNCIL August 10, 1993 RE: GENERAL PLAN AMENDMENT Page 2 approximately 63 acres . The property is not developed and is currently utilized for cattle grazing. The project area is unique in that it is one of the last remaining tracts of land in Atascadero that has the potential for development for a large-scale, non-residential project . Because of this, the property is shown on the General Plan Land Use Map as a "Specific Plan Area. " This designation is intended to provide maximum flexibility while encouraging project specific planning. The large size of the property, and its proximity to the freeway, significantly increases the options for creative development of the site . Although the property is large, it does not exist in a void. Existing development on surrounding properties, visibility from the freeway, and natural and historic characteristics of the site need to be considered in the design of any project proposed for the site . Development of this site must also be sensitive to its affect on other parts of town, including, for example, the potential affect of 63 acres of commercial development on downtown revitalization efforts . All of these factors, including the site assets noted above, argue in favor of processing this application as a special General Plan amendment cycle . Authorization to initiate this General Plan amendment will require environmental processing by staff. An Environmental Impact Report will be required for a project of this size and complexity . Of particular importance with this project will be analysis of drainage concerns, circulation, aesthetics, economic ccstsibenefits, historic concerns, and the growth inducing imacts of the extension of the Urban Services Line . Exhibit A - Location Map 00003' CITY OF ATASCADERO EXHIBIT A GPA 93-004 "" COMMUNITY DEVELOPMENT ZC 93-004 • DEPARTMENT Location Map EXISTING GENERAL PLAN DESIGNATION: SPECIFIC PLAN AREA REQUESTED GENERAL PLAN DESIGNATION: RETAIL COMMERCIAL EXISTING ZONING DESIGNATION: RESIDENTIAL SUBURBAN (FH) • REQUESTED ZONING DESIGNATION: COMMERCIAL RETAIL 0 l , o °J - VtE/0 4 MllyO SAN�P `4M,N 1 RFqL v0 a m a 4: Z - SITE io I Y 00V0`J3 REPORT TO CITY COUNCIL i CITY OF ATASCADERO Agenda Item: D-3 Through: Andy Takata, City Manager Meeting Date: 08/10/93 File Number: ZC 92012 From: Henry Engen, Community Development Director µ4 SUBJECT: Adoption of an ordinance amending the Zoning Map from RMF-10 (FH) to RMF-16 (PD7 ) (FH) at 7000-7060 Los Arboles . RECOMMENDATION• Approval and adoption of Ordinance No. 270 on second reading. BACKGROUND: On July 27, 1993, the City Council conducted a public hearing on the above-referenced subject. The Council concurred with the Planning Commission' s recommendation and approved Ordinance No. 270 on first reading. HE:ph Attachment: Ordinance No. 263 000084 ORDINANCE NO. 270 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 17 OF THE OFFICIAL ZONING 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 by 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 Atascadero does 0 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 . _he proposal is categorically exempt from the p--ovisions of the California Environmental Quality Act . Vodification of development standards or processing =equirements is warranted to maintain orderly and armonious development . �.odif` cation of development standards or processing equi�re .ents will enhance the opportunity to best . -:�ilize special characteristics of an area and will ve G beneficial effect on the area. ; . �enef_ts derived from the overlay zone cannot be 000085 • 4- 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 e==ect 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 : A�:_S . �3 T . AD0P=ED . By MARTY KUDLAC, Mayor City of Atascadero, California 000086 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 00008' —0'8f5 " ORDINANCE NO. �7� EXHIBIT A Page 1 of 2 W. ei �. r1 it, b. l+.y 11 AL Y, SITE �� .`►�' RMF-16 (PD 7) (FH) (RMF—10 (FH) czzp New Zone="ABC" 000088 Old Zone=(X� ) A11 Overlay Zones to remain unchanged -'°• ORDINANCE NO. 077 EXHIBIT Q Page 2 of 2 • Uoz \34V O 1` •w I4 ti iIn i� .� ¢ �„• � .1}- ', y ' ' ' ----------------- tit II/M.1 Ol•6V/ � /F _ Vi zz ------------ �,� • x i iprts.I enwwv �l , / Q d h • _ -. � .`•`,`\ I.�r,��I��X11 � / I S 0000 ?` Agenda Item: D-4 Meeting Date: 8/10/93 * .NOTICE: The Staff Report pertaining to City engineering services was not available at the time of agenda preparation and will be distributed under separate cover. 000090 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-5 From: Andrew J. Takata, City Manager Meeting Date: 8/10/93 SUBJECT: Economic Round Table Vacancies RECOMMENDATION: Council appoint Micki Ready (Manager, Chamber of Commerce) and Don Price (Business Improvement Association) to fill vacant positions on ERT. • BACKGROUND: At its meeting of July 21 st, the Economic Round Table unanimously recommended the above appointments to fill the vacancies created by the departure of Bill Mazzacane from the Chamber and Jack Porter's desire to be replaced on the committee, ending his two-year appointment as one of two BIA representatives. AT:cw Attachment 000001 ATASCADERO ECONOMIC ROUND TABLE PURPOSE AND MEMBERSHIP The City of Atascadero has appointed a citizen Economic Round Table to work toward strengthening the City's economic base. The Economic Base Analysis and Downtown Revitalization Study, conducted by Economic Research Associates (ERA) in 1988, recommended that, "the City shall initiate an Atascadero Economic Round Table...to regularly discuss, recommend and initiate community economic develop- ment and diversification". In the interests of prudent fiscal planning, the City commissioned a report from Crawford, Multari & Starr in 1990, entitled, Long-Range Fiscal Analysis, which con- curred with the ERA recommendation by stating that, "the City will help initiate and support an Atascadero Economic Round Table composed of diverse representation of the business community and residents to discuss, recommend and start community economic development and diversification". Further, the City of Atascadero's General Plan Update states in its Draft Land Use Element that, "As a post-Proposition 13 City containing over 24 square miles of land, 23 square miles of which is residential in nature, it is imperative that a sound economic base be assured" and, "Development of a sound economic base will be crit- ical to maintaining and enhancing the community's identity as a distinctive free standing City". In creating the Economic Round Table, the City Council has acknowledged that it is a priority of the City to plan for a stable economic future, in keeping with the overall character of the community as stated in the General Plan and other sources. 1 . Economic Round Table Membership. The Economic Round Table shall consist of twelve (12) members appointed by the City Council as follows: 1 . Mayor 2. Financial institutions (Santa Lucia National Bank, Mid-State Bank and Bank of America) 3. Three members of the Chamber of Commerce 4. Two members of the Business Improvement Association 5. Three members-at-large Initial appointees shall be as follows: Mayor: 1 . Robert Lilley Financial Institutions: 2. Stan Cherry 3. Mike Kirkwood 4. John Cotsenmoyer Chamber of Commerce: 5. Bill Mazzacane 6. Ray Johnson 7. Dave Vega 0000 92 Business Improvement Association: 8. John Himes 9. Jack Porter Members-at-Large: 10. Muriel Korba 11 . Mildred Copelan 12. Jack Stinchfield 2. Terms. Except for the Mayor, who shall be the current incumbent, the twelve members shall be appointed to two year terms, ending on June 30, 1993, which may be extended as deemed appropriate by Council. 3. Duties and Responsibilities. The Round Table is not intended to serve as a conventional Council-appointed committee but rather as a City/private partnership of local citizens working to enhance the economic viability of the community toward goals identified in the City's General Plan and related policy documents. Toward this end, the Round Table shall pursue the following: - A. Become familiar with the Economic Research Associates Report and recommendations, the Long-Range Fiscal Analysis Report's content and recommendations, and the goals and objectives of the City's General Plan. B. Recommend means for encouraging the retention and enhance- ment of existing economic enterprises within the City of Atascadero. C. Recommend methods for targeting economic activities and 9 9 enterprises which should be pursued in order to complement the City's existing industrial/commercial base while enhancing the City's principal revenue sources. D. Recommend, as appropriate, local development of a craftsmen park, home furnishings district, restaurant row, auto mall and unique traveler destination economic enterprises consistent with Item #C. E. Follow up on any question referred to it by the City Council for investigation, finding or report. 4. Meetings. The Round Table shall meet at the discretion of the Mayor, provided that it shall meet at least quarterly. Proper notice of time, place and agenda of said meetings shall be posted in accordance with the provisions of Section 54956 of the Government Code of the State of California. 5. Reports. The chairperson of the Round Table shall report to the City Council, as appropriate, for information or recommended action, with the understanding that there shall be at least semi-annual reports on the Round Table's activities. 2 000093 REPORT TO CITY COUNCIL Meeting Date: 8/10/93 CITY OF ATASCADERO Agenda Item: D-6 Through: Andy Takata, City Manager Via: Henry Engen, Community Development Director From: Kelly Heffernon, Administrative Analyst SUBJECT: Consideration of a proposal from the Atascadero Mutual Water Company (AMWC) to trade Atascadero Creek Reservation property for the City lot located on Sycamore Road. RECOMMENDATION: Following discussion, refer the matter to the Parks and Recreation Commission and Planning Commission for their review and recommendation including !conformity of the proposal with the City's General Plan. BACKGROUND: On June 30, 1993 the AMWC sent a letter to your Council requesting a trade of their Atascadero Creek Reservation property for the City's Sycamore Road lot, APN #028- 092-009 (see Attachment A for a copy of the letter and Attachment B for Assessor's map of the Sycamore lot). The City lot is approximately one third of an acre in size and is currently vacant. The creekway reservation property (APN 028-361-005, 028-201-005 and 028-341- 008) encompasses roughly 10 acres extending from the West Mall Bridge to the Railroad tracks (see Attachment C for map of this area). Several existing residences abut the reserves. As the letter indicates, the creekway reservation parcels were deeded to the AMWC prior to the formation of the Colony in order to preserve riparian water rights. The Board of Directors for the AMWC believes City ownership of the creekway property would best satisfy the needs of the community. DISCUSSION: The AMWC proposal was referred to City Department Heads to solicit their comments and concerns. Thus far Mark Joseph, Administrative Services Director, and Mike McCain, Fire Chief, responded. Below is a review of the issues that have been identified for your consideration. • 000094 Liability There is currently one known residence bordering the creek that may be in danger in the event of a serious flood. The City could be exposed to some liability with ownership of the creekway. Property Value There is a large discrepancy in the market value of the two subject properties. Although the creekway reserves encompass a much larger area than the Sycamore lot, the property has no development potential and therefore is valued markedly less. The Sycamore lot may have a market value in the $60,000 to $80,000 range and past analysis of its potential included a recommendation to dispose of it for residential use but to retain an easement for AMWC access to the Salinas River. This latter proviso may satisfy a primary interest of the water company. Creekway Preservation Policy The creekway reserves hold important value as a habitat resource. Securing ownership of the creekway property for preservation purposes would be consistent with the City's open space policies found in the Land Use and Conservation Element of the General Plan. Terms of Trade Agreement The AMWC emphasize in their letter the need to specify details of any agreed upon trade, such as access, easements, and water rights retention. Staff recommends that an easement across the Sycamore lot be retained. General Plan Conformity It is also recommended that Council refer this issue back to both the Parks and Recreation Commission and the Planning Commission for their consideration. Under Planning and Zoning Law, there are certain restrictions on the acquisition and disposal of real property. Specifically, the law reads (Section 65402 (a)) as follows: If a general plan or part thereof has been adopted, no real property shall be acquired . . . until the location, purpose and extent of such acquisition . . . have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. Given that there are no time constraints in deciding this issue, it would be appropriate to refer this matter to the Planning Commission for a General Plan Conformity Report. cc: Ken Weathers, General Manager, AMWC Encl: Attachment A: Letter from the AMWC Attachment B: Assessor's map of the Sycamore City lot Attachment C: Map of the Atascadero Creek Reservation property owned by the AMWC . 000095 ATTACHMENT A 5005 EL CAMINO REAL • P.O. BOX 6075 • ATASCADERO, CA 93423 • (805) 466-2428 i � ATASCADERO MUTUAL WATER COMPANY ESTABLISHED 1913 June 30 , 1993 Atascadero City Council, 6500 Palma Ave. , Atascadero, Ca. 93422 Subject: Proposal to trade "Atascadero Creek Reservation" to City Honorable Mayor Marty Kudlac and Council members, Atascadero Mutual Water Company (AMWC) owns several hundred acres of land within the City of Atascadero. Included in that land is about 300 acres adjoining the Salinas River and about 10 acres known as the "Atascadero Creek Reservation" extending from the Bridge at West Mall to Railroad tracks (a general map of this area is attached) . These parcels were deeded to AMWC before the ==nation of the Colony apparently to preserve riparian water rights and for other benefits to the Shareholders of AMWC. The subject sub7jproperty has potential for public use including _ p _ recreation, trail systems, and wildlife habitat. It is a vital link to connecting the original downtown, city administrative center, and school district facilities to the open space of the Salinas River. _he Board of Directors of AMWC (Board) feel that deeding this orooerty -o the Citv of Atascadero (City) would best suit the Needs of -he community. It is apparent from planning done by the Ci,::y that the City also shares in this belief. Several property, owners adjoining AMWC's Creek Reservation area :ave approached the Board seeking to obtain portions of the o_ roo_ er-y. -o add to and/or supplement their use of existing lots. _he Board ::as tentatively told these owners that AMWC would -refer to -trade this land to the City of Atascadero for public .:se. _hev informed the property owners that if the City etioresses a serious interest in a trade, the Board would not zcnsider selling or leasing portions of the Creek Reservation to o_n-nc owners. JUiJ 1993 '-IMMUNITY DEVELOPMENT 000090; AMWC would like to offer to the City of Atascadero the Creek Reservation area in trade for the lot the City currently owns on Sycamore Road. Details of any such trade would have to address access, easements, and water rights retention. We would appreciate the City's consideration of this offer and would appreciate being informed of the City's intent so that we can proceed. Sin rely, IL-k �3 f� Ke'n Weathers, General Manager cc: City Manager, Andy Takata Community Development Director, Henry Engen 00009'7 ATTACHMENT B OF A TASCADERO j I 1"_ 100' h ,s -5 5 Flo .zia R.M.4-9 v a. N 5 26 R ' 10 I I 9 4 o y3' S �q 2 70� I5 O�Fi ,L;L6 2 9 AP TN. 19 -c4� e a 33 � '� 23 \. 73 Jf PM.o'-36 S.D`� i y r �' o I 0t 24 s 2 d0 Ijo 3 4 4 0 16 141 o to � CITY OF ATASCADERO Assessor's Map Bk. 28, Pg. 9 County of San Luis Obispo, Calif. For Assessment Purposes on Iv 1 000098 ( ( J 1 I ATTACHMENT C � •: \ ., •:rte,'.-�:c;��::::�' � 1 �\ __ 1 � I I • �� � n I , l Dom, 1 or I � I I I 00099 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item• D-8 Through: Andy Takata, City Manager Meeting Date: 08/10/93 From: Henry Engen 4'\,- Community \,Community Development Director SUBJECT: Sedimentation and erosion control policies response. BACKGROUND: At the Council ' s meeting of June 29, 1993, Marcia Torgerson com- plained about the absence of erosion control on a single-family construction project at 11405 Santa Ana. In addition, she expressed concerns over lack of enforcement of installation of temporary erosion control measures . Council directed staff to bring back a report on this issue. 11405 SANTA ANA SITE: North Coast Engineering reviewed the site plans and advised that it met City Standards for City drainage requirements. SEDIMENTATION AND EROSION CONTROL PLAN REQUIREMENTS: The Zoning Ordinance under Section 9-4 . 145 requires sedimentation and erosion control plans when "Grading which may affect adjacent property or private rights-of-way which is proposed to be conducted or left in an unfinished state during the period from October 15 through April 15 . " The City ' s Engineering Standard Specifications and Drawings (adopted in March 1992 ) requires an Erosion Control Plan "If any construction is proposed between October 1 and April 1, an erosion control plan addressing interim erosion control measures to be used during the construction shall be submitted when required by the Engineer. " The zoning regulations apply to private property and the engineering standards to public right-of-way. Since October, 1992 , however, we have been referring all development projects to the City ' s consulting engineering firm, North Coast Engineering, for review and conditions . With respect to private projects - whose construction schedule is not controlled by the City - installation of temporary erosion 00010() control measures has been a field decision of the building inspec- tor for construction projects that involved unfinished grading extending into the rainy season. FUTURE MEASURES: Staff will encourage architects, engineers and designers to incorporate erosion and sedimentation measures as a standard construction note on their plans . In addition, a rubber stamp referencing this requirement will be used for stamping plans that lack such a reference. Moreover, we will consider adding suggested standard erosion control measures in the next revision to the City' s Engineering Standards . HE:ph cc: Marcia Torgerson Building Division Planning Division North Coast Engineering Ed Nolan, Builder' s Exchange Local Design Professionals 000101 REPORT TO CITY COUNCIL Meeting Date: 08/10/93 CITY OF ATASCADERO Agenda Item: D-9 Through: Andy Takata, City Manager From: Lee Raboin, City Clerk SUBJECT: Resignation of Mayor and Councilmember Marty Kudlac. RECOMMENDATION: Direct the City Clerk to advertise and solicit interested applicants to serve the balance of Mr. Kudlac's term on the City Council. BACKGROUND: Mayor Marty Kudlac formally filed his letter of resignation with the City Clerk on July 31 , 1993. The effective date of his leaving is August 31, 1993. Mr. Kudlac's council term does not expire until June of 1996. Based on staff's research, the City Council has two options: 1 . Appoint someone to fill the remainder of Mayor Kudlac's council term within thirty days from the date his resignation is effective: August 31, 1993; or by September 30, 1993. 2. Call a special election. If the City Council is unwilling or unable to appoint someone to fill the remainder of Councilmember Kudlac's position, then a special election must be held. The Elections Code is quite clear that a special election must be held at the next regularly established election date. The next election falls on November 2, 1993, but it is too late to consolidate with the County for an election and the nomination period is already underway. Therefore a special election would have to be held on April 12, 1994. (The City's regular municipal election is set for June 7, 1994--just two months later.) Neither the Government Code or the City's Municipal Code specify how the Council proceeds with filling the vacancy. This issue has come up once before (in 1987) and the Council followed a similar procedure to that which is done with all advisory body appointments. 0001(1:' FISCAL ANALYSIS: The City Clerk has consulted with the County Clerks Office and two election consultants. The cost of a special election is estimated to be between $12-15,000. This cost is, of course, unbudgeted. Costs for conducting the June municipal election are estimated at $10,000 and funds have already been authorized for this expense. Staff seeks direction about how the City Council wishes to proceed. Attachment: Government Code Section 36512 Mayor Kudlac's Letter of Resignation 000103 e =� Goy,i con'� 7� ' OFFICERS—G NERAL § 36512 "4,. Div. 3 - T Historical Note Imo: Derivation: See Derivation under § 36508. Cross References # Enactment of ordinances, see § 36931 et seq. # Initiative, municipal elections, see Elections Code § 4000 et seq. Referendum, municipal elections, see Elections Code § 4050 et seq. § 36511. Appointment of elective officers; provision In petition for in- corporation The petition for incorporation of a city may provide for the appointment of ? the elective officers, or any of them except councilmen. If it does, a separate ' z election upon the question need not be held, and upon incorporation the city council shall appoint such officers. (Added by Stats.1949, c. 79, p. 144, § 1. Amended by Stats.1955, c. 624, p. 1117, § 25.) '3 _ Historical Dote ; Derivation: See Derivation under § 36508. - Library References i ' Municipal Corporations 4-131. 1 CJS. ;Municipal Corporations § 473 et seq. § 36512. Vacancies; appointment or election to fill; term The city council shall take the action specified by this section to fill any vacancy occurring in the offices provided for in this chapter. If the vacancy is in an appointive office, the council shall fill the vacancy by appointment. ! If the vacancy is in an elective office, the council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. Such a special election shall be held on the next regularly established election date not less than 90 days from the call of the special election. A person appointed or elected to fill a vacancy F holds office for the unexpired term of the former incumbent. _ (Added by Stats.1949, c. 79, p. 144, § 1. Amended by Stats.1975, c. 283, p: 703, § 1; Stats.1977, c. 1205, P. 4076, § 89.) -- Historical Mote Derivado= Stats.1883, G 49, p. 267, § 854; p_ 190. § 5; Stats.1933, c. 516, p. 1322, 5, 7; ts. Sta1911, c-41, P. 58, §, 1; Stats.1931, c- 132. Stats.1947, c.747, p. 1800, § 1. Cross.References, Municipal elections,generally, see Elections-Code:§-22600 et seq_ Law Reviews Commentaries Exerciser or power of appointments (1941) 30 Cd R..686. a Library References, Municipal Corporations X149(1). C_TS_ Municipal Corporations § .495 et seq.. 623 000104 17 July 30 , 1993 Jul_ I 19M Marty Kudlac CITY OF ATASCADERO 4740 D e l R i o R d . CITY OFATASOFFlCE Atascadero , Ca. 93422 Ms . Lee Raboin , City Clerk City Of Atascadero 6500 Palma Ave . Atascadero , Ca . 93422 Dear Lee , Please accept this as my letter of resignation as Mayor and member of The Atascadero City Council effective August 31 , 1993 . As your are aware , I have accepted a job offer in Las Vegas, Nevada . If you have any questions , please feel free to call me . Sincer ly , art Kudlac 000105 REPORT TO CITY COUNCIL Agenda Item. D-10 CITY OF ATASCADERO Through: Andy Takata, City Manager Meeting Date: 8/10/93 From: Mark Joseph, Administrative Services Director SUBJECT: Request Approval to apply for a Technical Assistance Grant - Economic Development RECOMMENDATIONS 1. By motion, authorize staff to pursue a $30,000 Technical Assistance Grant for Economic Development. 2. Adopt Resolution No. 96-93, authorizing the Mayor to execute a contract with Chabin Concepts to prepare the grant, in an amount not to exceed $1,000. BACRGROUNDIANALYSIS: The City of Atascadero is eligible to apply for a $30,000 Technical Assistance Grant through the State' s Community Development Block Grant (CDBG) program. The actual allocation relates to economic development (in contrast to housing assistance, such as the City's recent collaborative effort with North County Women's Shelter to receive CDBG monies for a new shelter) Staff recommends that the grant focus upon defining an overall economic development strategy for the City, with the finished product potentially being a draft economic development element to the General Plan. The strategy could consider what market niches the City should actively pursue, such as commercial retail, light manufacturing, tourism, etc.; based on the current and anticipated resources the City has to offer. In addition, the strategy could analyze how the City would cooperate on a regional level with other agencies towards improving our economic conditions. Finally, the State's review of grant proposals will concentrate upon job creation, particularly for low and moderate income groups. Thus, the strategy must also consider employment opportunities. 000106 Although this grantappearspromising, there is very little time -to prepare tzhe application. It is due no .later than September 24, 1993 (State Officials recommend as -early a submittal as possible, insofar as awards are made on :a "first come, first served" basis. ) it is unlikely that staff will .be able to prepare a successful grant, given the other duties currently assigned (e.g. , the Housing Element, Annual Financial Audit, etc. ) . As a result, staff is recommending that we contract with Chabin Concepts, Inc. to prepare the grant. This firm has considerable experience in economic development and grant writing. Information on the company is included. Because other cities in the County are considering using this firm, we have been able to secure a discounted price of $1,000 or less. With Council's approval, staff will prepare a standard City contract with Chabin Concepts. In addition, two public hearings will be required, tentatively scheduled for August 24 and September 14, 1993.. FISCAL IMPACT The cost for the grant application will be taken from the Economic Development Program budget. If successful, the City ........... .... . would have- to'-"provide a" matci of y11 percent, or $3,300. Therefore, for a total expense of $4,300, the City could receive $26,700 in State monies. a:grant #3A 00010'7 RESOLUTION NO. 96-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .ATASCADERO, CALIFORNIA AUTHORIZING 'THE EXECUTION OF AN AGREEMENT WITH CHABIN CONCEPTS, INC. TO PREPARE <A TECHNICAL ASSISTANCE GRANT The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with: Chabin Concepts, Inc. to prepare a Technical Assistance Grant for economic development purposes, and all other agreements or documents required to effectuate the terms of agreement. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to: appropriate funds, if necessary; releaseandexpend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the day of 1993. CITY OF ATASCADERO, CALIFORNIA By: MARTY RUDLAC, Mayor ATTEST: LEE RABOIN, City Clerk i 000108 CHABIN CONCEPTS' FIRM PROFILE Chabin Concepts, Inc. is a private economic development consulting firm specializing in Industrial and commercial marketing programs and business attraction. Our role is to act as your sales department—assessing your product, selecting the target industries or businesses that will most likely locate in your community or industrial and and implementing es calIss a thorough program of advertising, direct mail, tradeshows; telemarketing, p to identify prospective businesses that may be interested in a location in your community. Marketing to businesses also includes visiting the existing employers in your area to keep them in your community and provide assistance with their expansion plans. Depending on your needs, Chabin can provide a full range of services fo; business attraction, retention, and location. THE CHABIN PHILOSOPHY The Mountains. In the Cherokee language, Chabin means mountain. Legend has it that Indians are drawn back to the mountains. For Chabin Concepts, mountains symbolize your community. Companies are drawn to a community lifestyle that cultivates ideas and nurtures a healthy mind, body, and spirit; they respect their environment, ensuring that the land they occupy will nourish ideas for years to come. The Eagle. The eagle soars above the rest; fiercely independent, it rises above all obstacles. Eagles have keen vision and a sense of time and place. At Chabin Concepts, the eagle represents the entrepreneur. Chabin Concepts specializes in placing these "eagles" in a habitat in which they can thrive. It's a symbiotic relationship; the company thrives on local resources, while the community grows with the success of its inhabitants. 000109 CHABIN'S CAPABILITY Audrey Taylor,well known in the economic development field for her expertise in marketing, sarted Chabin Concepts in 1989, After spending tti Yeand salesrs with h dentifiedCounty need forr commu ic it a sent and Corporation, Audrey, whose love is 'm g industrial park owners to have what many manufacturers use to sell their products sales representatives. With limited dollars available to support economic development and the diverse .activities and ; responsibilities of economic development corporations, marketing eff ocommuniti sery and be vnecononedC rts must and focused in order to bring results. Audrey fou nd that development corporations just did not have the time or the wherewithal to focus on a long-term marketing campaign. nt Chabin becomes an active resource, working closely community. Business perospects�wvtrk ng chambers of commerce, city councils, and the business with Chabin Concepts find the staff professional, responsive, and confidential. Chabin's staff includes full-time professionals involved in: * Telemarketing * Research & Analysis • Sales Calls * Direct Mail Campaigns • Graphic Design Ad Designs • Marketing & Promotional Materials * Marketing Studies & Plans • Enterprise Zones • Recycle Zones 000110 ECONOMIC (DEVELOPMENT STRATEGIES AND MARKETING PLANS As in the private sector, strategies and marketing plans etre essential for community_active in economic development. Strategic plans involve researching and identifying the community's strengths and weaknesses, their competition .and the industries that should be targeted for recruitment. During this process, constraints to development and economic growth and stability will also be identified and plans made to remove or mitigate them. Tarszet Industry Study-of Tuolumne County, CA (1991) Pacific Gas & Electric Company Chabin Concepts was retained with Economic Strategies Group by P.G. & E. to conduct a target industry study of this rural county in the Sierra Nevada, near Yosemite National Park. Based on the business climate assessment prepared, identified nine industrial complexes as potential targets. Prepared specific marketing strategies for three of the target complexes. Contact: Ms. Jan Noya Pinna Ms. fawn McLaughlin Pacific Gas &Electric PG&E Consultant 123 Mission Street, Rm H-2663 111 Brighton Road San Francisco, CA 94106 Alameda, CA 94501 415-973-3073 510-769-0457 Target Industry Study of Oakdale. CA (1991) Pacific Gas & Electric Company s Chabin Concepts was retained with Economic Strategies Group by P.G. & E. to conduct a target industry study of this small city on the edge of California's Central Valley near Modesto. Eleven target industries were identified as potential targets. Industry research was done to identified the three top targets which would most likely make a move to Oakdale. Prepared a focused marketing strategy based on geographical location of targets. Contact: Ms. Jan Noya Pinna Ms. Fawn McLaughlin Pacific. Gas & Electric P.G. & E. Consultant 123 Mission Street, Rm H-2663 111 Brighton Road San Francisco, CA 94106 Alameda, CA 94501 415-973-3073 510-769-0457 Taruet Industry Study of West Sacramento. CA (1990) West Sacramento, CA Chabin Concepts was retained with Economic Development Services and Zephyr Associates to prepare general promotion plans and specific marketing strategy for industrial and commercial targets identified in the target industry study. Contact Ms. Mary Shear West Sacramento Redevelopment Agency 1102 Jefferson Boulevard, Suite D West Sacramento, CA 95691 916-373-5800 000111 MarkPtin PQan Goshen, CA (1989) Tulare County, CA Tulare County retained Chabin Concepts to assist in developing -a marketing plan for this unincorporated area located adjacent to Highway 99 in the Central Valley, north of Visalia. Inventoried available properties, commercial and industrial, reviewed Target Industry Study completed in 1988, identified potential industries and commercial operations which would best fit this location and prepared a marketing plan for the properties. Contact: Ms. Carri Diltz County of Tulare County Civic Center Room 111, Courthouse Visalia, CA 93291-4593 209-733-6284 Development and Marketing Plan Glenn Count CA (1989) Glenn County Economic Development Corporation Chabin Concepts was retained with Economic Development Services to inventory .the properties along the 1-5 Corridor in Glenn County, northern California. The project identified potential properties that could be developed with timeframes of development opportunities. During the project also analyzed the total development which was happening along 1-5 from City of Williams north to the Oregon border. Identified opportunities for commercial and industrial development on specific sites located on the corridor in Glenn County. Prepare marketing strategy to develop these properties. Contact: Mr. Al Calonico Mr. Jim Goodwin City Manager Glenn County EDC City of Orland P O Box 1277 815 Fourth Street Willows, CA 95988 Orland, CA 95963 916-934-2841 916-865-4741 Low-Cost Promotional Plan Hollister CA (1989) Hollister Chamber of Commerce The Hollister Chamber of Commerce retained Chabin Concepts to meet with representatives of the community to discuss how to market the area and industrial sites to businesses. Briefing tour of area, meetings and workshops were held. Developed low-cost promotional and sales plan targeted at the San Jose market area. Contact: Mr. Al Martinez San Benito County EDC P. O. Box 1265 Hollister, CA 95024 408-636-1882 000112 DEVELOPMENT PROJECTS During iNs. Taylor's ten-year tenure Butte tvvarou Development � �developmenwell t as in her present position, she has successfully secured grants and funding y approval. projects. Following is a list of those projects which received funding app Community Development dock Grants California's First Rural Incubator . . . . . . . . • • • • • • • • • • • . . . $470,000 Setzer Forest Product, Remodel/Expansion . . . . . . . . . • • • • • • . . . $600,000 'Paradise Industrial Park . . . • • • • • • • • • • • • • • • • • • • • • • • $600,000 H.J. Heinz, Building/infrastructure . . . . . . . . . . . . . . . . . . . •$400,000 West Sacramento . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$80,000 Glenn County . . . . . . . . . . . . . . . . .`. .$80,000 Duche Nut, Orland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$600,000 Sewer Expansion, Corning . . . . . . . . . . . . . . . . . . . . $6001000 Butte County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .`$60,000 Orovilie Street Improvement . . , . . . . . . . . . . . . . . • • • • . . . . . . $530,000 Oroville, Historic Downtown Study . . . . . . . . . . . • • • • . • • • • • $30,000 Orovilie, Historic Rehabilitation . . . . . . • • • • • • • • • • . • • _ . . $400,000 Economic Development Administration Chico . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000 Paradise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$500,000 SSED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$60,000 University Center . . . . . . . . . • • • • . . • . . . . . . . . . . .$100,000 District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . .$270,000 Orovilie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$500,000 State of California REDIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$200,000 SSED/LIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$30,000 Oroville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$30,000 Butte County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$90,000 0,0113 RESOLUTION NO. 89-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CAMINO REAL FASHION OUTLETS CENTER, LTD. FOR PUBLIC IMPROVEMENT FINANCING The City Council of the City of Atascadero, California hereby resolves as follows: 1 . The Mayor is hereby authorized to execute an agreement with Camino Real Fashion Outlets Center, Ltd. for public improvement financing. • 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the of 1993. ATTEST: CITY OF ATASCADERO By: LEE RABOIN, City Clerk MARTY KUDLAC, Mayor s ' Recording Requested By • and When Recorded Return toil/ CITY OF ATASCADERO 6500 PALMA AVENUE ATASCADERO, CALIFORNIA 93422 ATTN: LEE DAYKA, CITY CLERK ---------------------------------------------------------------- AGREEMENT by and between THE CITY OF ATASCADERO and CAMINO REAL FASHION OUTLETS CENTER, LTD. • i/ EXEMPT FROM RECORDER'S FEES Pursuant to Government Code §§ 6103 , 27383 8/6/93 �9.5 SIGNATURE COPY TABLE OF CONTENTS FOR THE CITY OF ATASCADERO and CAMINO REAL FASHION OUTLETS CENTER, LTD. PAGE 1. Recitals . . . . . . . . . . . . . . . . . . . . . 1 2 . Interest of Developer . . . . . . . . . . . . . . . 4 3 . Binding Effect . . . . . . . . . . . . . . . . . . . . 4 4 . Negation of Agency . . . . . . . . . . . . . . . . . . 4 5. Development of the Property . . . . . . . . . . . : . . 4 6. Acknowledgments, Agreements and Assurances . . . . . . 5 7. Project Generated City Sales Tax Revenues . . . . . . . 5 A. City's Contingent Obligation to Pay Portions ofAssessments . . . . . . . . . . . . . . . . . . 5 B. December Installments . . . . . . . . . . . . . . 6 • C. April Annual Installments . . . . . . . . . . . . 7 D. Failure to Deposit by Developer. Termination . . . . . . . . . . . . . . . . . . . 8 E. Costs of Escrow . . . . . . . . . . . . . . . . . 8 F. Reconciliation . . . . . . . . . . . . . . . . . . 8 8. Developer's Obligation to Construct . . . . . . . . . . 8 9. Modification, Amendment, or Cancellation . . . . . . . 8 10. Term of Agreement . . . . . . . . . . . . . . . . . . 9 11. Administration of Agreement and Resolution of Disputes . . . . . . . . . . . . . . . . . . . . . . . 9 12. Excused Delays in Performance . . . . . . . . . . . . . 9 13 . Prohibition Against Change In Ownership, Management and Control of Developers . . . . . . . . . 9 A. Qualifications of Developer . . . . . . . . . . . 9 8/6/93 1059.5 -i- SIGNATURE COPY B. Assignment, Prohibited without Approval . . . . 10 C. Effect of Approved Assignment . . . . . . . . . 10 D. Definition of "Developer" . . . . . . . . . 10 E. Permitted Assignment, without Approval . . . . . 10 F. Exceptions . . . . . . . . . . . . . . . . . 10 G. Assignment. Termination. . . . . . . . . . . . . 10 14 . Notices . . . . . . . . . . . . . . . . . . . . . . . 10 15. Binding Effect . . . . . . . . . . . . . . . . . . . 11 16. Section Headings . . . . . . . . . . . . . . . . : . 11 17 . No Presumption Re: Drafter . . . . . . . . . . . . . 11 18. Assistance of Counsel . . . . . . . . . . . . . . 11 19. Arbitration . . . . . . . . . . . . . . . . . . . . . 11 20. Validation. Operative Date . . . . . . . . . . . 13 21. Effective Date . . . . . . . . . . . . . . . . . . . 13 8/6/93 SIGNATURE COPY This Agreement (hereafter "Agreement") , is made and Is entered into by and between the City of Atascadero, a general law city ("City") and Camino Real Fashion Outlets Center, Ltd. , a California limited partnership ("Developer") . In consideration of the mutual conditions and covenants contained herein, the Parties hereto agree as follows: W I T N E S S E T H• 1. Recitals. This Agreement is made and entered into with regard to the following facts each of which are acknowledged as true and correct by the Parties to this Agreement, and for the following purposes: A. Developer is the owner of the real property commonly known as the "Camino Real Fashion Outlet Site" , which is located in the City of Atascadero, County of San Luis Obispo, State of California, and is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property") ; and B. Developer desires and is willing to construct certain buildings and structures on the Property therein known as a "Factory Outlet Center" (the "Project") , as hereafter described; and • C. The Planning Commission and City Council of City have approved the Project, as to General Plan and zoning approvals ("Approval") which Approval included compliance with the California Environmental Quality Act (Section 21000 et sea. , of the Public Resources Code) and the State and Local guidelines relating thereto (collectively "CEQA") ; and D. The City desires to obtain the binding agreement of the Developer for the development of the Project in accordance with the provisions of this Agreement. Developer desires to obtain the binding agreement of the City to permit the Developer to develop the Project in accordance with this Agreement; and E. The parties intend that the execution of this Agreement shall constitute an exercise of rights with respect to the Approval; and F. City has heretofore initiated and approved a special assessment district pursuant to the Municipal Improvement Act of 1913 , Section 10, 000 et sea. , of the California Streets and Highways Code, known as "Assessment District No. 6" for the purpose of providing certain of the necessary off site public improvements required to serve the Project; and 8/6/93 �9.5 -1- SIGNATURE COPY G. In order for the Project to be economically feasible, it is necessary to reduce all costs of development so as to render the Project economically competitive with similar existing and/or proposed uses in other areas within the County of San Luis Obispo; and H. The City Council of City has determined the public interest requires the assistance of the City to establish the Project on the Property, for, among others, the following reasons: (1) It is clear that without the City providing financial assistance, given the stagnant condition of the local economy, the Property will continue to be unimproved and a detriment to the City and its residents; and (2) It has been determined that without such financial assistance, neither the Property, nor other adjacent properties, will be developed as is contemplated by the City's General Plan; and (3) That the financial assistance by the City authorized pursuant to this Agreement will result in the Developer completing the Project, within the time permitted by this Agreement, which will serve • legitimate public purposes of the City, by energizing the City's economic base; by promoting the municipal affairs of the City; by implementing the City's General Plan; by expanding the City's tax base, and by making available to residents of the City, goods and services which are now available only at distant locations; and (4) That the implementation of this Agreement will promote the economic development of the City by the creation of new jobs for residents, by causing the development of the Project on the Property, which will enhance existing uses of adjacent properties, and by encouraging the development and/or redevelopment of adjacent undeveloped properties. Such development will effectuate the full and efficient utilization and modernization of existing commercial and business facilities located in the City; and (5) The implementation of this Agreement will cause the growth of the City's overall commercial tax base through increased property values and consumer purchases; and 8/6/93 *9.5 -2- SIGNATURE COPY (6) The development of the Project will assist in the reduction of the cost of welfare and other remedial governmental programs, including a reduction in, and/or prevention of, urban blights, such as crime, which is attributable, in part, to the existence of inadequate economic opportunities; and (7) The completion of the Project will contribute to the diversification and the stability of the City's overall economy; and (8) The implementation of this Agreement by the City paying, semi-annually, from its General Fund, a portion of the sales taxes generated by taxable transactions occurring on the real properties included in the Project, and actually received by the City, will, as hereafter described, assist in providing for the financing of the construction of public improvements which will serve the Property, and the residents of the City; and (9) This Agreement will provide tax revenues to replace tax revenues lost to the City this year, and in recent years, by the passage of State Budget Legislation, which lost tax revenues must be • expeditiously replaced; and (10) The determination by the City Council of public benefits to be received by the execution and implementation of this Agreement, is based, in part, on the materials developed for, and included in, the Environmental Impact Report for the Project, prepared by SEDES, dated January 1992, and testimony and applicable staff studies and reports received and considered by the City Council of City in the hearings conducted by it on June 22, 1993, and the personal knowledge and observations of members of the City Council (collectively "Studies") ; and (11) The City Council has determined that the City is in need of additional businesses which will produce additional tax revenues; that the retail businesses which would be successful on the Property and would generate an above average amount of sales tax revenues, are the type of uses which will be included in the Project; and (12) The Studies also demonstrate that the Project would not have an adverse effect upon existing retail outlets in the City; and 8/6/93 59.5 -3- SIGNATURE COPY (13) It is anticipated that sales tax receipts from the Project will annually generate between ONE HUNDRED THIRTY-TWO THOUSAND DOLLARS ($132 , 000. 00) and TWO HUNDRED THOUSAND DOLLARS ($200, 000. 00) in future years, as well as other tax revenues which be generated by the Project; and I. Developer has applied to the City for approval of this mutually binding Agreement. The City Council of the City has determined that the provisions of this Agreement are consis- tent with the City's adopted zoning regulations, plans and policies, and the City's General Plan; and J. This Agreement is consistent with the public health, safety, and welfare needs of the residents of the City and the surrounding region. The City Council has specifically considered and approved the impact and benefits of this Project upon the welfare of the City and the region; and K. This Agreement eliminates uncertainty in planning and provides for the orderly development of the Property and generally serves the public interest within the City and the surrounding region; and L. The City Council has determined that the public interest, convenience and necessity require the execution and implementation of this Agreement. 2 . Interest of Developer. The Developer represents to the City that as of the date of this Agreement, it owns the Property in fee, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record. 3 . Binding Effect. This Agreement, and all of the terms and conditions of this Agreement, shall run with the lands comprising the Property and shall be binding upon and inure to the benefit of the City and its successors in interest. 4 . Negation of Agency. The Parties acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers, partners or employ- er/employee, or any other relationship, except as is expressly provided in this Agreement. 5. Development of the Property. The Property shall be developed as is described on Exhibit B, attached hereto and incorporated herein by this reference, at Developer's sole expense. 8/6/93 *9.5 -4- SIGNATURE COPY • 6. Acknowledgments Agreements and Assurances. The Parties acknowledge and agree that: A. Developer's faithful performance in developing the Project on the Property, will fulfill substantial public needs; and B. That there is good and valuable consideration to the City resulting from Developer's obligations hereunder and the faithful performance thereof; and that such consideration received by City is in balance with the benefits conferred on the Developer by this Agreement; and C. That the exchanged considerationhereunder is fair, just and reasonable; and D. That the parties by execution of this Agreement shall be deemed to have each accepted all of the conditions of the Approval imposed upon the Project by City, which conditions are reasonably required for the development of the Project. 7. Project Generated City Sales Tax Revenues. A. City's Contingent Obligation to Ray Portions of Assessments. Pursuant to the provisions of this Agreement, City shall during each fiscal year occurring during the term of this Agreement commencing on and after July 1, 1994, be obligated, in the time and manner set forth in this Agreement, to pay, semi- annually, portions of the assessments imposed upon the Property pursuant to Assessment District No. 6 ("Assessments") . City's maximum obligation in any fiscal year during the term of this Agreement, determined on an annual basis, as hereinafter described, shall be the lesser of the following, as determined by the Director of Finance of City ("Director") : (1) an amount equal to fifty percent (50%) of the sales tax dollars actually received by City, generated by taxable transactions which take place on the Property ("Sales Taxes") ; or (2) an amount equal to one-half (1/2) of the total annual amount of the Assessments imposed on the Property; or (3) the sum of NINETY-TWO THOUSAND DOLLARS ($92 , 000. 00) . City shall not be obligated to pay any portion of the Assessments in any such fiscal year, unless Developer, or a lawfully approved successor in interest, prior to December 8th of each calendar year occurring during the term of this Agreement, files with the Director a written certification unqualifiably 8/6/93 09.5 -5- SIGNATURE COPY representing and warranting that Developer currently is, and has been during the immediate preceding twelve (12) months, the owner in fee of all Lots included in the Property. In the event Developer, or a lawfully approved successor in interest, is not, in fact, the owner of each of the Lots included in the Property, during each such preceding twelve (12) month period, the City shall have no obligation to pay any portion of said Assessments for that fiscal year. If, voluntarily or involuntarily,. Developer, or a lawfully approved successor in interest, is no longer the owner of all Lots included in the Property, this Agreement shall, as of the effective date of the transfer of title to all or anyone of the Lots included in the Property, be terminated, and of no further effect; provided that City shall be entitled to recover any sums paid hereunder together with interest thereon, at the then interest rate applicable to moneys due pursuant to Judgments. Additionally, City shall be entitled to all costs incurred in such recovery, including, but not- limited to, attorneys' fees. City's right to recover such sums shall survive the termination of this Agreement. B. December Installments. On or before December 1st of each calendar year occurring during the term of this Agreement, commencing on , 19 , the Director shall determine the gross amount of Sales Taxes actually received by the City during the twelve (12) month period ending on June 30, immediately preceding each such December 1st ("Period") . The . Director shall give notice to the Developer of the amount of Sales Taxes actually received by City during the Period. Annually, prior to December 1 of each calendar year occurring during the term hereof, the Developer shall file with the Director a complete true copy of all County Tax Bills relating to each Lot included in the Property for the current fiscal year which shows the total sums due on each Lot included in the Property, as and for special and general ad valorem taxes and special assessments ("Tax Bills") . Upon receipt of such Tax Bills, the Director shall ascertain from said Tax Bills, and/or any other sources available to the Director, the amount of the Assessments imposed upon all of the Lots included in the Property, owned by Developer during the fiscal year to which the Current Tax Bill relates. On or before December 8th of each calendar year occurring during the term of this Agreement, the Director shall pay from City's General Fund, to a bank, selected by the Director for that purpose ("Bank") , in an escrow account, an amount equal to the one-half (1/2) of the amount determined by the Director to be the City's obligation pursuant to the provisions -of this Section, 7, which shall in no event exceed the sum of FORTY-SIX THOUSAND DOLLARS ($46, 000. 00) . 8/6/93 09.5 -6- SIGNATURE COPY The Director shall give notice to Developer, telephonically, with subsequent written confirmation, of the amount so deposited. Upon receipt of such telephonic notice given by the Director, of the amount paid to Bank by City, Deve- loper shall forthwith deposit with the Bank, in said escrow, a sum equal to the amount shown on the current Tax Bills required to be paid for the total of the first installment due for all general and special property taxes, penalties, interest, and any other assessments or tax liens imposed of record (collectively "Property Taxes") upon each Lot included in the Property, then owned by the Developer, for the current fiscal year, less the amount of the City's deposit with the Bank. Pursuant to the terms of this Agreement, Bank shall take one of the following actions on or before December 9th of each such calendar year occurring during the term of this Agreement: (1) If the total sums deposited by City and Developer equal the full amount due for the installment of taxes and assessments due and payable on or before December 10th of each such fiscal year, on each Lot included in the Property, Bank shall, not later than 5: 00 p.m. on the December 10th of such year, make payment of the same to the Tax Collector of the County of San Luis Obispo; or (2) If, for any reason, City fails to timely deposit all of the funds the Director has determined City is required to pay hereunder, Bank shall, forthwith, refund to the party making such deposits, all sums deposited in the escrow account and thereafter the Bank shall have no further obligation to make any payment for and on behalf of City and/or Developer; or (3) If Developer, for any reason fails to timely deposit with Bank a sum equal to all of the funds it is required to pay as and for the first installment of Property Taxes and Assessments due for the then current fiscal year, on all Lots included in the Property, less the amount paid to Bank by City, Bank shall forthwith refund to City and/or Developer all sums deposited by City or Developer and the Bank shall have no further obligation to make any payment for or on behalf of City or Developer. C. April Annual Installments. If the full payment of the first or December installment of Property Taxes and Assessments in any fiscal year, as contemplated by subparagraph B of this Section, 7, is timely made and evidence of such payment is transmitted to the Director, then on or before April 8th of 8/6/93 09.5 -7- SIGNATURE COPY the next following calendar year, the Director shall deposit, on S behalf of City, from City's General Fund, the same amount deposited with the Bank in the preceding December. The provisions of subparagraph B of this Section, 7 , set forth above, shall be followed by the Parties and the Bank for the purpose causing the second annual installment of Property Taxes and Assessments to be paid on each Lot included in the Property. D. Failure to Deposit by Developer. Termination. In the event that the Developer fails to make the cash deposit with Bank as required pursuant to this Section, 7, so as to meet Developer's obligations for the payment of the first and/or second installments of general or special Property Taxes and Assessments due on the Property, in any fiscal year occurring during the term of this Agreement, the Director shall report such circumstance to the City Council. In such case, the City Council, in its sole discretion, may, forthwith, terminate-this Agreement. E. Costs of Escrow. All costs of escrow and related services authorized to be performed by Bank as escrow holder pursuant to this Agreement, shall be borne equally by the Parties hereto. F. Reconciliation. Upon the request of either party hereto, at any time during the term of this Agreement or as of the date of an earlier termination of this Agreement, prior to the expiration of the term hereof, and/or at the expiration of the term hereof, the Director and representatives of Developer shall meet and confer for the purpose of reconciling actual sums City is obligated to pay pursuant to the provisions hereof. 8 . Developer's Obligation to Construct. The Developer shall be obligated, pursuant to the terms of this Agreement, to construct the buildings and structures necessary to permit the Project to be operative, in the manner, and within the time therefor, as set forth in the Scope of Development/Schedule of Performance as attached hereto and incorporated herein by this reference marked Exhibit C. All costs of development in accordance with the Exhibit C, shall be exclusively borne by Developer. Failure by Developer to construct the buildings and structures in accordance with said Exhibit C, or to fail to build the same within the time permitted pursuant to said Exhibit C, shall be deemed a material breach of this Agreement, for which City may, forthwith, terminate this Agreement. 9 . Modification, Amendment, or Cancellation. This Agreement may be modified, amended or terminated by mutual consent of the Parties or their successors in interest. 816/93 059.5 -H- SIGNATURECOPY • 10. Term of Agreement. Unless sooner terminated pursuant to the provisions of this Agreement, this Agreement shall continue in full force and effect until December 31, 2013 . 11. Administration of Agreement and Resolution of Disputes. All decisions by the City staff concerning the interpretation and administration of this Agreement and the Project which is the subject hereof are appealable by the Developer to the City Council. The decision of the City Council on such matters appealed to it, shall be final and conclusive. 12 . Excused Delays in Performance. Developer shall not be deemed to be in default of its obligations except for its obligations pursuant to Paragraph 7, to this Agreement where a delay(s) in the timeliness of performance by Developer, occurs, if Developer has acted diligently and the delay(s) in performance are due, exclusively, to events beyond the reasonable control of Developer ("Excused Delays") . Events which constitute Excused Delays, include, but are not limited to, war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of a public enemy; epidemics; quarantine restrictions; freight embargoes; or failure by the City or other governmental agencies, not, in whole or in part, caused by Developer, to timely approve plans, or issue permits; or unusually severe weather which prohibits Development. "Excused Delays" shall not include delays occasioned by economic factors. Notwithstanding anything to the contrary in this Agreement, an extension of time for Excused Delays shall be for the period of each Excused Delay and shall run from the time of commencement of the Excused Delay to the time when the Excused Delay no longer exists. If any such Excused Delay continues for a period of One Hundred and Eighty (180) or more consecutive calendar days, City shall have the right to terminate this Agreement. Notice of an Excused Delay including the cause or causes therefor, shall be promptly given by Developer to City. 13 . Prohibition Against Change In Ownership, Management and Control of Developers. A. Qualifications of Developer. The qualifications and identities of principal officers of Developer are of particular concern to the City as the same relate to the Project. It is because of their respective qualifications and identities, that the City has entered into this Agreement with Developer. Therefore, no voluntary or involuntary successor in interest of Developer shall acquire any rights or benefits under this Agreement except as expressly set forth -herein. 8/6/93 09.5 -9- SIGNATURE COPY B. Assignment, Prohibited without Approval. • Developer shall not assign or transfer all or any portion of their rights, duties or obligations under this Agreement to a third party, without the prior written approval of , the City; provided however that the City shall not unreasonably withhold such approval, if such proposed successors have financial abilities and business experience sufficient, as determined in the sole discretion of the City Council, to carry out the provisions of this Agreement. C. Effect of Approved Assignment. All of the terms, covenants and conditions of this Agreement shall be binding upon the City, the Developer and any lawfully approved successor in interest of Developer. D. Definition of "Developer" . Whenever the term "Developer" is used herein, such term shall include any other lawfully approved successor in interest of Developer. E. Permitted Assignment, without Approval. Notwithstanding the provisions of this Section, 15, Developer shall be free to assign or transfer all or any of the Lots included in the Project Site, without the consent of approval of the City, to any legal entity in which the current general partners of Developer, have substantial financial interests and such general partners continue to be obligated as primary obligors as to Developer's obligations pursuant to this Agreement. F. Exceptions. The prohibitions against assignment or transfer shall not apply to any lease, dedication, grant of easement or license, financing, deeds of trust, or security interest encumbrance as to any Lot included in the Property. G. Assignment. Termination. The City Council may, in the event of an assignment made contrary to the provisions hereof, terminate this Agreement, forthwith. 14 . Notices. Whenever notices are required to be given pursuant to the provisions of this Agreement, the same shall be in written form and shall be served upon the party to whom addressed by personal service as required in judicial proceed- ings, or by deposit of the same in the custody of the United States Postal Service or its lawful successor in interest, postage prepaid, addressed to the Parties as follows: CITY: City of Atascadero 6500 Palma Avenue Atascadero, California 93422 Attn: City Manager 8/6/93 0'.5 _10- SIGNATURE COPY DEVELOPER: Camino Real Fashion Outlets Center, Ltd. 7627 Morro Road Atascadero, California 93422 Attn: Richard Shannon Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following the deposit of the same in the United States mail. 15. Binding Effect. The provisions of this Agreement shall be binding upon the Parties hereto and their respective successors in interest. 16. Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents of the- sections to which they relate. 17 . No Presumption Re: Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Due to the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore no • presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applica- ble in interpreting or enforcing this Agreement. 18. Assistance of Counsel. Each party to this Agreement warrants to each other party, as follows: A. That each party hereto had the assistance of counsel in the negotiation for, and execution of, this Agreement, and all related documents; and B. That each party hereto has lawfully authorized the execution of this Agreement. 19 . Arbitration. Except as otherwise expressly provided herein, the Parties hereto agree that any claim or dispute between them, arising out of or relating to the terms of this Agreement, shall be resolved by compulsory binding arbitration conducted by a retired Superior Court Judge of the State of California or other qualified person the Parties mutually agree upon. The claim or dispute being arbitrated shall be resolved in accordance with California law. The arbitration proceedings shall be governed by the laws and procedures governing civil judicial proceedings in this 816193 Sk-5 -11- SIGNATURE COPY State. Each party shall comply with all applicable laws relating to binding and compulsory arbitration, the directions given by the Arbitrator and the provisions of this Agreement. The determinations made by the Arbitrator, if within the scope of the Arbitration and the Arbitrator's function, shall be binding and conclusive on the Parties and shall be enforceable in the manner provided by law. The Arbitrator shall be selected in the following manner: (a) The party initiating the arbitration ("Initiating Party") shall prepare and submit to the other party a list ("List") containing the names of not to exceed three (3) retired Superior Court Judges each of whom the Initiating Party believes are qualified to serve as Arbitrator. The names of the judges on the List shall be numbered consecutively by the Initiating Party. (b) The party upon whom the List is served, within ten (10) calendar days after service of the List, shall either: (1) select one of the named retired judges to act as Arbitrator, in which case that retired judge shall serve as the Arbitrator; or 0 (2) strike one (1) name from the List. (c) Upon expiration of said ten (10) day period, if no selection is made, the Arbitrator shall be the retired judge on the List with the lowest number next to his name, unless that judge's name was stricken during the ten (10) day period by the non- initiating party. (d) If, for any reason, the retired judge designated as the Arbitrator is unwilling or unable to serve as the Arbitrator, the judge on the List with the next lower number whose name was not stricken shall be the Arbitrator. In the event that none of the three retired judges named on a List, are willing or able to serve as the Arbitrator, the Initiating Party shall prepare and submit a new List, containing the names of not to exceed three (3) different retired judges, and the above described procedure shall be followed until an Arbitrator is selected. Each party hereto hereby agrees to pay one-half of the compensation to be paid to the Arbitrator, and except as 816/93 .5 -12- SIGNATURE COPY i • otherwise expressly provided herein, each party shall bear its own costs and expenses of arbitration, including, but not limited to, attorneys' fees and related costs. By way of illustration, if the List served by the Initiating Party, upon the other party, has the name of three (3) retired judges, A, B, and C, numbered 1, 2 and 3 , respectively; and number 1 is stricken, then B, Number 2 , shall be deemed, for all purposes, to be the selected Arbitrator. 20. Validation. Operative Date. This Agreement shall be validated pursuant to Section 860 et seg. , Code of Civil Procedure in the State of California and other applicable law, by a judgment of a court of competent jurisdiction. 21. Effective Date. The effective date of this Agreement shall be the date that a judgment of a court of competent jurisdiction validating this Agreement becomes final. The Parties hereto have caused this Agreement to be executed as follows: CITY OF ATASCADERO By: . Mayor ATTEST: City Clerk APPROVED AS TO FORM: Arther Montandon, City Attorney CITY OF ATASCADERO Attorneys for Developer 816!93 05 -13- SIGNATURE COPY