HomeMy WebLinkAboutAgenda Packet 09/28/1993 R13LIC REVIEW COPY
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AGENDA
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
SEPTEMBER 28, 1993
7:00 P.M.
This agenda is prepared and posted pursuant to the requirements of Gc vernment Code
Section 54954.2. By listing a topic on this agenda, the City Council his expressed its
intent to discuss and act on each item. In,addition to any action identjfkd 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 d)ection to staff
concerning thepolicy ormission of the item;discontinuance ofconsiderat` ;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 it m 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 Ci y Nall business
hours. The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need spec d assistance to
participate in a City meeting or other services offered by this City,please ontact the City
Manager's Office ((8051461-5010) or the City Clerk's Office((805)461- 074). Notifica-
tion at least 48 hours prior to the meeting or time when services are need d will assist the
City staff in assuring that reasonablearrangements 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 thea lenda. _
* 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 anc open for Council
discussion.
Call to Order
Pledge of Allegiance
ROIL Call'
City Council Comments
Proclamation. O "Multicultural Awareness Month", October 1993
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 runes will be enforced:
* A 'maximum of 30 minutes will be allowed for Community Forum, unless
Council authorizes an extension.
* All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
* No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
A. COMMITTEE 'REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports will be given, as felt necessary.):
1. S.L.O. Council of Governments
2. S.L.O. Regional Transit Authority
3. Solid/Hazardous Waste Task Force
4. City/School Committee
5 Traffic Committee
6. County Water Advisory:Board
7. Economic Round Table -
8. Colony Roads Committee
9..` Liability Claim 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 - AUGUST 10, 1993
2
2. - - Designating stop intersections on b6th sides of
Santa Rosa Road overpass at Highway 101
3. RES ,UTIsQN . 94-93 - Eliminating the bus stop at 6650 El Camino Real
(Cont'd fret 8110193)
4. B=LLUM N9. 1 QV=02 -Designating a stop intersectibi i on Andrits Avenue
at Sierra Vista Read (C.ront`d from 9114193)
r.
S. 9-93 - Authorizing the execution of a agreement regard-
ing the use of Mortgage Credit Certificates in the City of Atascaderoand
adrninistration of the program by the Housing Authority of the City of San Luis
Obispo
9, 1 - Authorizing the issuance of an encroachment
permit for the placement of dining tables within the pia is right-of-ways of
Traffic Way and El Camino Real (F. McL.intocks)
4 7. BefiQMQN KQ, 11§M- - Nanning individuals autho rized to execute, for and
in behalf of the City of Atascadero, applications and documents for purposes
of obtaining financial assistance for emergency services under the Federal Civil
Defense Act of.1950
, County
S. RESQLUTi£?N N0. 11.3.93 Regarding participation in theS.LO. ou ty
Regional Hazardous Materials Response Team
9. FINAL PARCEL NEAP 27-94, CORTEZ AVE. EXTENSION Division of a 21.66
acre parcel into four '(4) parcels for ;single-family res dential use and a
"remainder" parcel of approx. 17.3 acres to be offered for dedication to the
City for parkland/open space use (Noakes/Davis--RRM Do-,ign Group)
C. PUR& t AMA:
1. HIGHWAY 101141 INTERCHANGE: PROJECT STUDY RE RT<ON PROPOSED
IMPROVEMENTS - Presentation by Mike Kennedy, DKS & Associates (Contd,
from 9114193)
2. FISCAL ELEMENT
A. Roohdim NQ. 115-93 - 'Amending the City's G neral Plan by the
adoption of a Fiscal Element (GPA 92-009; City of tascadero)
3• DOWNTOWN MASTER PLAN
A. B N! 4-
. 1193-Amending the_Downtown,Element of the City's
General Plan (GPA 92-005; City of Atascadero)
3
i
D. �
1. CITY ENGHWEERING SERVICES - Coat."ysis of afternatives
2. SOUTH-EL CAMINO REAL OVERLAY- Report on contract
l t'd from 91141.93)
3. DEVELOPMElff REVIEW STUDY,,qlI0UP•Consklerstion of p r a . +,
ship
4. CITY COUNCIlL VACANCY
5. AUTHORlZATM TO,ACQUIRE RIMAAMER OF REAL FIROM ST'S`
fft THE CITY fwr=l SURIKHROOM THE WASTMATM Tft M
PLANT .
City Cmu"
2. . Cky Atto""
.3. Cky Cierk
4. City Treosum
so. cityWOW
TheC +r , ** #Aom to a Closed Sawn for f
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„Multicultural Awareness Month”
October, 1993
WHEREAS, As the City of Atascadero grows, its yoyulation is becoming increasingly
culturally diverse; and
WHEREAS, Acknowledging diversity in the City of Atascadero willyromote unity, dispel
fear, prevent stereotyping and enrich the community with new ideas and yo,nts of view; and
wHEREAs, Celebrating special dates yrovides the citizens of Atascadero the oyyortuniiy
to work together in harmony planning activities, Iearn f nom each other ami discover the yositive
aspects of our various cultures; and
WHEREAS, the city o f Atascadero is committed to acknowledg ng cultural diversity,
celebrating diversity and focusing on yositive asyects of its diverse citizenry;
NOW, THEREFORE, be it yroclaimed that the month of October, E1993, be observed as
"Multicultural Awareness Month- in the city o f Atascadero.
ROBERT P. NIMMO Mayor
City of Atascadero, C "ornia
September 28, ,1993
Agenda Item: B-1
Meeting Date: 09/28/93
ATASCADERO CITY COUNCIL
AUGUST 10, 1993
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councifperson Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Nimmo, Luna and Mayor Kudlac
Absent: Borgeson (accident recovery)
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; Steve Sylvester, City Engineer; Lt. Bill
Watton and Sgt. Cynthia Reid, Police Department
COUNCIL COMMENTS:
Councilman Nimmo reported that he had received phone calls from property owners
complaining that they had received delinquent garbage bills for services ordered by
tenants without prior knowledge of the landlord. The City Manager indicated that he
would be meeting with representatives from Wil-Mar the following day and would
discuss this matter at that time.
Mayor Kudlac introduced Micki Ready, the newly-appointed Executive Director of the
Chamber of Commerce.
COMMUNITY FORUM:
Mayor Kudlac announced that a local girl scout troop was visiting. June Beatty,
leader, spoke in favor of bike lanes and encouraged the City Council to approve them
in areas known to be routes to school. Councilman Luna asked for a status report on
. the subject of bike lanes. Andy Takata mentioned that the Parks & Recreation
Commission was presently looking at the issue of trails and bike lanes. Henry Engen
added that two major bikeway projects for Traffic Way and E1 Camino Real have been
funded through State grants.
Paul Fellman, Rancho Del Bordo resident, proclaimed that Atascadero does not need
more cut retail stores and chains and spoke in favor of attracting more industrial and
manufacturing firms to the area.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports were given, as follows.):
1. S.L.O. Council of Governments(COG) - Request for a public hearing date
Councilman Nimmo provided the committee report and announced that
although the California Transportation Commission (CTC) had approved the
realignment of Highway 41, the Council of Governments (COG) had failed to
approve the project as part of the Federal Transportation Improvement Program
(FTIP). He noted that COG was requesting that the City of Atascadero hold a
public hearing on the project before the next COG meeting scheduled for
September the 8th.
MOTION: By Councilman Nimmo to instruct staff to place on the agenda for
August 24, 1993 City Council meeting the question of Highway
41 as instructed by President Bracket of the Council of
Governments.
Discussion on the motion: Councilman Luna asserted that'.Atascadero had not
held a public hearing on route alternatives "A/A-Modified"'.or "B"and spoke in
favor of having such a hearing. He added that now that there is a specific
project, there are environmental impacts and costs that need to be evaluated
and urged public input. Councilman Nimmo pointed out that the CTC had
already certified the Environmental Impact Report (EIR) and reiterated that the
project had been approved. He cautioned that the project could be dropped and
Federal funds withdrawn. Discussion ensued regarding setting the public
hearing date. The Mayor, in anticipation of a large turn-mut from the public,
suggested that a larger facility be acquired for the hearing.
Second to the motion and additional discussion: Councilman Bewley seconded
the motion. Councilman Luna announced that he would not vote in favor of the
motion as stated because Councilwoman Borgeson was absent and had
requested that this matter be postponed.
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Page 2 -
Vote on the motion: Motion to set the public hearing for August 24, 1993
passed 3:1 (Luna). Staff instructed to look into the availability of the National
Guard Armory.
Councilman Nimmo suggested that public testimony be limited to three (3)
minutes. Councilman Luna pointed out that a five (5) mnnute allotment was
permitted by ordinance. The City Attorney indicated that he would review the
matter and come back with advice (see page 12).
2. Solid/Hazardous Waste Task Force - Henry Engen reported that the task
force would meet on August 26, 1993.
3. Economic Round Table (See Item #D-5, pages 9-10).
4. Colony Roads Committee - Andy Takata reported that this committee
would meet in September.
B. CONSENT CALENDAR:
The Mayor read the Consent Calendar as follows:
1. CITY COUNCIL MINUTES - JUNE 29, 1993
2. CITY COUNCIL MINUTES - JULY 8, 1993
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 ball fields
5. RESOLUTION NO. 93-93 Designating a stop intersection on Palma Ave. at
East Mall Ave.
6. 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.
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8. MINOR DRAINAGE PROJECTS - Acceptance of projects at San Marcos Ave.,
Rosario Ave. and Santa Rosa Rd.
9. 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
Mayor Kudlac reported that Item #B-3 be continued per staff recommendation. Eric
Greening, 7365 Valle Avenue, pulled Item #B-6.
MOTION: By Councilman Nimmo, seconded by Councilman Luna to
approved Consent Calendar Items #13-1 through 11 with the
exceptions of Items #13-3 and B-6; motion carried 4:0 by roll call
vote.
Re: Item #B-6. RESOLUTION NO. 94-93 - Eliminating a designated bus stop at
5550 EI Camino Real
Eric Greening observed that Amtrak buses are still using 5550 EI Camino Real despite
the fact that Greyhound was not. He requested that no action be taken on this matter
until Amtrak has located another place to stop and the public has been duly notified.
Henry Engen reported that the business owner at 5550 El Camino Real had requested
this change. He recommended that the matter be continued so 'that Mr. Greening's
suggestion could be pursued. By consensus, the matter was continued.
C. PUBLIC HEARINGS:
1. ATASCADERO MUTUAL WATER COMPANY 1993MASTER PLAN
PRESENTATION
Ken Weathers, Atascadero Mutual Water Company, provided an update on the Water
Master Plan. Brief Council questions followed regarding service to possible areas of
annexation. Mr. Weathers emphasized that the Water Company currently only serves
shareholders.
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Page 4
Public Comments:
Fred Frank, 3615 Ardilla Road, asked questions relating to Nacimiento Water„ and
service to Templeton. Mr. Waters remarked that Atascadero Mutual Water Company
is pursuing new wells in the Salinas River and stated that there had not been any
formal requests from the Templeton Community Services District for service.
---End of Public Testimony---
Report received; no formal action taken.
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 full and read by title only, and(2)
motion to introduce on first reading by title only)
Henry Engen provided the staff report and recommendation to approve. He clarified
City participation costs.
Public Comments:
Frank Henderson, Carlton Hotel project architect, presented a status report on the
project.
Joe Grisanti, Grisanti's Hardware, encouraged the Council: to support the
recommendation and assist the downtown.
---End of Public Testimony---
MOTION: By Councilman Nimmo, seconded by Councilman Luna to waive
the reading in full of Ordinance No. 27 • motion passed
unanimously.
MOTION: By Councilman Nimmo, seconded by Councilmen Luna to approve
introduction of Ordinance No. 271 on first reading; motion carried
4:0.
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”
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B. Resolution No. 99-93 - Awarding sale of bonds
Steve vi Sylvester r
y provided ded a beef staff report and indicated that this matter was
ministerial in nature.
There were no comments from the Council or public.
MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt
Resolution Nos. 98-93 and 99-93; motion carried 4:0 by roll call
vote.
4. ORDINANCE NO. 272 - AN URGENCY ORDINANCE RELATING TO FIRE ARMS
Lt. Bill Watton presented the staff report and offered an amendment to Exhibit "B".
He responded to questions regarding complaints relating to deerhunting in the City.
The City Manager pointed out that the City's present ordinance does not cover the
bow and arrow. The City Attorney added that it does, however, already prohibit
minors to use deadly weapons without the supervision of an adult.
Councilman Luna inquired as to the urgency of the ordinance and asked what
authority the State Department of Fish & Game has over they matter. The City
Attorney replied that Fish & Game's authority supersedes that of the City in the
instance of a dangerous animal or the health and safety of the public.
The City Clerk read a statement from Councilwoman Borgeson in support of the
proposed ordinance. Councilman Bewley voiced opposition and ;stated he could not
support it.
Public Comments:
Joe Grisanti asserted the proposed ordinance was unnecessary duplication of state
and federal hunting regulations.
Eric Greening remarked favorably and pointed out that an. advantage to adoption
would be education of the public.
George Schroff, EI Camino Real resident, asked what costs would be incurred with
enforcement.
Daphne Fahsing, 5105 Llano Road, spoke in support of the ordinance as proposed.
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Page 6
Joe Grisanti, speaking once more, reiterating his concern and stated that the
Department of Fish & Game does a good job of policing poachers.
---End of Public Testimony---
Councilman Nimmo indicated that he had no objection to simply making it unlawful
to hunt deer in the City. Councilman Luna stated that he was supportive of what had
been presented, but suggested that the ordinance be amended to better reflect the
intent. Councilman Nimmo proposed that the matter be directed back to staff for
further review and possible revision.
The City Manager emphasized that the draft ordinance provided a concise definition
of "deadly weapon" and clarified that target practice in the City would not be
prohibited.
Councilman Bewley asserted that the item was not urgent in nature and offered the
following motion:
MOTION: By Councilman Bewley, seconded by Councilman Nimmo to deny
Ordinance No. 272.
Discussion on the motion: Responding to inquiry from Councilman Luna, the
City Attorney indicated that the Council could send the shatter back to staff
with a request to bring it back in two weeks.
Motion and second withdrawn: The motion was withdrawn.
By mutual consent, the matter was sent back to staff for revisions. Said item to be
brought back at the next regular meeting.
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)
Art Montandon provided background and explanation of the proposed agreement,
between the City and Camino Real Fashion Outlets, Ltd. (Golden West Development).
He noted that the City would only be obligated to pay on the sales tax revenue
received. The City Attorney responded to questions from Council'!. Councilman Luna
pointed out that Exhibit "C" (construction schedule) was not included in the packet.
The City Engineer indicated that the schedule had not yet been submitted.
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Chuck Voorhis, President of Golden West Development, provided a status report on
the Camino Real Fashion Outlets project and indicated that because financing had not
yet been secured, a construction schedule had not been finalized. He indicated to the
City Attorney that he could, and was willing, to submit a contingent schedule.
Public Comments:
Mr. Voorhis provided additional comments in support of the agreement.
Joan O'Keefe, 9985 Old Morro Road East, objected to the proposed agreement and
shared concern for risking City funds on private enterprise.
The City Clerk read a letter of opposition from citizen Dorothy McNeil residing at 8765
Sierra Vista Road (see Exhibit "A").
---End of Public Testimony---
Councilman Luna mentioned a letter the City Council received from former Public
Works Director, Greg Luke (see Exhibit "B") and asked why there had not been an in-
depth staff report on this item. Mr. Takata replied that the request for City
participation had come from the developer and staff had simply forwarded it to the
City Council for deliberation. Henry Engen added that the item had not been referred
to the Planning Commission.
MOTION: By Councilman Nimmo, seconded by Councilman Bewley to adopt
Resolution No. 89-93 authorizing the execution of an agreement
with Camino Real Fashion Outlets Center, Ltd. for public
improvement financing; motion carried 3:1 (Luna opposed).
The Mayor cal/ed a break at 9:07 p.m. At 9:51 p.m., the meeting resumed.
2. GENERAL PLAN SPECIAL CYCLE REQUEST - 63-acre commercial land use
proposal, S. Atascadero (J. Hendrix/Dove Creek)
Henry Engen provided the staff report and recommendation to initiate a special
General Plan amendment cycle.
Councilman Luna indicated that, because the proposed development was
controversial, he thought it would be appropriate to see informal meetings held early
on in the process so input could received from business owners and residents. He
encouraged the applicant to give the community a chance to voice concerns before
the matter goes before the Planning Commission and City Council
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Public Comments:
Jeff Hendrix, applicant, spoke in support of the Dove Creek project and noted that it
would provide jobs and secure needed revenue for the City.
Barbara Dirkx, 10800 Colorado Road, opposed the proposed development. The Mayor
clarified the intent of the agenda item and emphasized that the Council was only
voting on whether or not to initiate study of a general plan amendment.
Jeff Hendrix, speaking again, stated he did not want to be discriminated against and
forced to hold meetings that are in addition to what is legally required of him.
Paul Heiman, 10607 Colorado Road, encouraged public input on a project that could
affect the entire southern end of the community.
---End of Public Testimony---
MOTION: By Councilman Nimmo, seconded by Councilman Bewley to
accept the staff recommendation and initiate a special General
Plan amendment cycle, with concurrent Zoning Ordinance
revisions, as required; motion carried 4:0.
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/Los Arboles Property Owners Association)
(Recommend (1) motion to adopt on second reading by title only)
Henry Engen provided the staff report and recommendation to approve the ordinance
on second reading. There were no questions or comments from the Council or public.
MOTION: By Councilman Bewley, seconded by Councilman Nimmo to adopt
Ordinance No. 270 on second reading; motion carried 3:1 (Luna).
4. CITY ENGINEERING SERVICES - Cost analysis of alternatives
The Mayor announced that this item would be continued until August 24, 1993 at the
request of staff.
5. ECONOMIC ROUND TABLE-Consideration of recommendation to appoint Micki
Ready (Chamber of Commerce) and Don Price (BIA) to fill vacancies
Andy Takata presented the recommendation of the Economic Round Table to appoint
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Page 9
two members.
MOTION: By Councilman Nimmo, seconded by Councilman Luna to appoint
Micki Ready (Chamber of Commerce) and Don Price (BIA) to the
Economic Round Table; motion passed unanimously.
6. ATASCADERO CREEK RESERVATION Consideration of:Atascadero Mutual
Water Company proposal to trade for the City lot located on Sycamore Road
Henry Engen provided the staff report and recommendation to refer the matter to the
Parks & Recreation Commission and Planning Commission.
Councilman Luna indicated that he would rather see the City retain title to the land
and asked if the Water Company would be satisfied with an easement. Councilman
Bewley asked if the City had any plans for the lot. Mr. Engen reported that it had
once been considered as a possible mini-park for neighborhood. That use, he added,
was later deemed inappropriate and no other use has yet been evaluated.
The City Council mutually agreed to refer this matter to the City's Parks &
Recreation and Planning Commissions.
7. PLANNING COMMISSION INTERVIEWS - Set Time
The City Clerk indicated that Councilwoman Borgeson had asked that the City Council
defer setting the interview date until she could participate. Councilman Luna stated
he would like to extend the courtesy to Councilwoman Borgeson. Councilman Bewley
remarked that the preferred to move forward with scheduling the interviews. Dates
were suggested.
MOTION: By Councilman Nimmo, seconded by Councilman Bewley to hold
a special meeting of the City Council on August 23, 1993 at 7:15
p.m. for the purpose of conducting interviews for the Planning
Commission; motion passed 3:1 (Luna).
8. EROSION CONTROL POLICY - Response to comments expressed at 6/29/93
Council meeting
Henry Engen provided background on this matter and presented a status report on
issues of erosion control.
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9
Public Comments:
Marcia Torgerson, 6200 Llano Road, highlighted concerns addressed in her letter
dated August 10, 1993 to the City Council (see Exhibit "C"). She emphasized that
the City's building inspector must enforce erosion control mitigation measures and
spoke in favor of educating staff, contractors and the public about why erosion
measures are necessary.
---End of Public Testimony---
Report received; no action taken.
9. DISCUSS FILLING VACANT CITY COUNCIL MEMBER POSITION CREATED BY
THE RESIGNATION OF MAYOR KUDLAC
Staff provided options for filling the City Council vacancy. Councilman Luna voiced
objection to discussing the matter without Councilwoman Borgeson present and, in
addition, while Mayor Kudlac continues to serve. He argued that it would be
appropriate to postpone taking any action until after Mayor Kudlac's resignation
becomes effectiv on the 31st of August. Brief discussion ensued.
The matter was continued until the meeting of August 25, 1993.
10. RESOLUTION NO. 96-93 - Authorizing an application for Technical Assistance
Grant for economic development
Mark Joseph provided the staff report and recommendation to approve. Councilman
Luna pointed out that this action represented federal funding administered by the
State.
MOTION: By Councilman Nimkno, seconded by Councilman Luna to
authorize staff to purslue a $30,000 technical' assistance grant for
economic development; motion carried-4:0.
MOTION: By Councilman Nimmo, seconded by Councilman Luna to adopt
Resolution No. 96-93 authorizing the Mayor to execute a contract
with Chabin Concept$ to prepare the grant, in an amount not to
exceed $1,000; motion carried unanimously'';by roll call vote.
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� II
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
•
1. City Council
Mayor Kudlac announced that he would be stepping down as Mayor effective August
24, 1993. The City Attorney suggested that the City Council could, by consensus,
elect a new mayor at that time.
2. City Attorney
Art Montandon reported that the City's Municipal Code provides five (5) minutes per
speaker during a public hearing and advised against restricting testimony to three (3)
minutes for the Highway 41 hearing.
3. City Manager
Andy Takata provided an overview of items scheduled for the August 24, 1993
meeting and announced that he would be away on vacation during that time.
THE MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:44 P.M. Said Closed
Session, held pursuant to Government Code Section 54957.6, for purposes of
. discussions regarding personnel matters and personnel negotiations.
MINUTE CORDED AND PREPARED BY:
LEE Wt6W, City Clerk
Attachments: Exhibit "A" - (O'Neil)
Exhibit "B" - (Luke)
Exhibit "C" - (Torgerson)
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August 10, 1993
D
• To:
Atascadero City Council
Atascadero, CA
From: CITY U ,;ASCAOERO
Dorothy F. McNeil CITY CL_ It'$QErlCE
8765 Sierra Vista Rd.
Atascadero, CA 93422
Mr. Mayor and Council Members:
At the last Council meeting on July 27 we witnessed one effort by, two Council
members to give away the store to a major residential developer, Gordon Davis,
with his Long Valley II project. Tonight we have a "humungous" dose of special
interest before us. All of us know that Atascadero, like other cities, suffers
from lack of money for its needs. The most common remedy offered by these and
previous Councils is an increased sales tax. The Factory Outlet is expected to
do just that.
I supported Mr. Netanal's project when it was approved for its prosent
location. I still do. My only concern then - which I still have - Vis that some
of the stores in the project may merely trade tax dollars with some existing
stores or may actually drive them out of business. But it seems that the
Outlet, hopefully, will offer many items which we do not have at all,
especially since we lost Rileys. So I have supported the project. '
Now we have a totally new picture. The developer of the Outlet says he cannot
get a loan to begin, since banks and other lending institutions have refused
him. So he's asking the City (that's you and me, fellow taxpayers) to give him
the two million bucks. He wants us to overlook the fact that these traditional
loan institutions don't consider the idea a good risk. we've been told often
enough that the City is broke, but now we are expected to say, "Far you, Mr.
Developer, we'll empty our pockets. No matter that the sales tax you bring us
may not add up to the $90,000 per year we pay on the loan or to the large
development fee you are asking us to pay for you. For a developer we'll give,
even if we don't have it to give. "
Therefore, my first question to Council is, "How can we improve the City's
finances by possibly spending more than we take in?" My second question -
maybe the most important of all - is why did we have no report from staff on
this costly proposal? It is customary, I believe, for proposals which come
before any city to be studied by planning staff which passes on its newly
acquired information to the City Council. Members of the audience '';asked that
question when this loan was considered at the previous meeting. we are still
asking why staff was bypassed.
Mr. Bewley stated at the Long Valley II hearing that he had full confidence in
that staff report. Is there some reason some members of the Council do not
want to hear from staff on this subsidy issue? It is most unusual '';not to use
staff expertise. It does arouse suspicion.
My third concern is why are we taking this unprecedented step? Every business
in town must be asking "why are you proposing to subsidize this business when
you have not helped us?" It is true that the City has not given loans like
this to aid new businesses. Is it possible there are some who would stand to
gain in the future by having established such a precedent? Now, if Mr. Nimmo
or others on this or future Councils have commercial property to develop, they
can say, "You helped the Factory Outlet. I want equal treatment. " ';
To summarize:
• 1. will subsidizing the Factory Outlet improve or hurt the City financially?
2. Why did the Council deliberately bypass staff?
3. why has Council even considered taking this unprecedented step?
c�
Dorothy F. McNeil
RECEIVED
AUG 91993
Gregory Luke CITY MGR.
2160 Monterey Road
Atascadero . CA 93422
Mayor Marty Kudlac Aug. 9, 1993
City Hall
Atascadero, CA 93422
Dear Marty,
I am writing you regarding the Fashion Outlet . I feel it is
not appropriate for me to appear at a public hearing since I was
deeply involved in the project's initial processing.
The arrangement the City is preparing to , finalize with
Golden West is very risky. Let me explain my reasoning:
1 . Retail-construction projects are being pushed by every
City in the County to enhance sales tax revenues . gismo
Beach is proceeding with a Fashion Outlet of 'their own; San
Luis is seriously considering a large scale mall ; the
WalMart project will add 440, 000 sq. ft. of retail
buildings; and Atascadero is considering a large mall at the
. south end of town. Clearly all Cities are looking for
retail building to enhance the sales tax base.
It is quite likely that this area will have a glut of
retail space . In fact, in the past 3 years Atascadero ' s
vacancy rate for retail shops has increased !significantly.
What happens if they build a Fashion Outlet and nobody rents
the space? It could happen.
2 . The concept of a Fashion Outlet is now only a
developer's dream. And dreams can be dashed by negative
market forces . Look at Bunnell 's Mushroom Farm project .
Dead in the water. The golf course/ exclusive residential
project at the south end of town is making.no ;progress.
I am not being negative about Atascadero, my point is
for big projects it is a big leap from renderings and plans
to a constructed, successful project . Is it' wise for the
City to become a partner with a developer in this economy?
3. Like you, I am a businessman- We both know that if the
Fashion Outlet could showa loan officer valid leases on the
property to be built, along with a realistic balance sheet,
financing would not be a problem; particularlyconsidering a
public assessment district at 6% interest will pay for the
public improvements.
The banks clearly see a high risk situation when they
will not loan money on a project that is already receiving
City support through municipal bonds. In fact with public
assessment district financing in place, it is
t
incomprehensible to me why any bank would nt*,t lean on this
project . One can only conclude that this project is an
extremely high risk venture .
Banks look in detail at the risks '; and financial
stability of a project before they will lend money. The
City of Atascadero has neither the staff nor in-house
expertise to perform a similar analysis. Is ' the City basing
its action on the optimistic projections of , the developer?
If so, it seems prudent that the Council seep the input from
an independent, impartial , fiscally conservative analyst
before $100,000 per year is committed from our depleted
General Fund. What do the banks know that the Council
doesn' t?
4. Consider the consequences if the project fails ; the
developer declares bankruptcy:- -
A. The City will be responsible for covering the full
cost of the municipal bonds (about $200,000 per year) .
B. The concept of a Fashion Outlet will be dead. The
new owner who buys the property on the Courthouse steps
will be looking to rent to everyone and anyone .
C. Far removed from any other retail stores, the
development could only attract tenants that need low
rent to make a profit , such as discount warehouses and
spa and fireplace steres . North Atascadero would be an
extension of the marginal retail ;stores on the
outskirts of Paso Robles .
Marty, this is a poorly thought out issue. Politically
charged rhetoric, such as "unfriendly to business"; and "increased
tax base" seem to be clouding an objective analysis of the
project. Richard Shannon has done a lot for our town, but he has
had his failures too. But success or failure,'; his job is a
developer with all the risks and rewards . Your position on City
Council demands a different perspective which, in this case, is
strict financial diligence to the residents and taxpayers of this
City.
We do not have the financial protection and benefits of a
Redevelopment District as Paso Robles.-has had with, WalMart . That
arrangement was hammered out during many, many days of
negotiation with Rich Rameriz, their City Manager who is an
expert in public-private financing arrangements and insisted on
numerous protection clauses, guarantees and protection. In
contrast, the Atascadero City Council gave conceptual approval to
a generous financial package with the Fashion Outlet without a
staff report .
You are the swing vote on this issue . As you prepare to
leave for a new life in Las Vegas consider that this is the key
vote you will be remembered for . If the Fashion Outlet thrives
and is a success, it will be your success . However, if , as
reasonable evidence suggests . the "Outlet" becomes third—rate
commercial storefronts as we now have on Traffic flay and portions
of old downtown, it will be a sad legacy for a man who has given
so much to his community.
Nancy and I wish you and your family all the, best in you new
endeavor. Having made a major relocation four }fears ago, I know
the emotions with making such a move . i trust you will find your
move to new surroundings as rewarding as I found it . And please,
for all the people of Atascadero, carefully consider your vote on
the Fashion Outlet. You are in a unique position; the politics
of this vote are not important . Ratner, you can vote on the
character and quality of life in our community ;based solely on
your best judgement . This is a unique opportunity for an elected
official ! I personally urge you to' vote "no" to a City subsidy to
the Fashion Outlet .
Sincerel ,
• Greg Luke
Marcia McClure Torgerson
6200 Llano Road
Atascadero, CA 93422
805-466-7980
August 10,1993
City Council
City of Atascadero
Re: Sedimentation and Erosion Control Policies
Dear Councilmembers:
I am glad to see the Planning Department is beginning to
understand what I feel is an important issue in regards to
construction practices in Atascadero. I think that incorporating
erosion and sedimentation measures as a standard :construction
note on plans is a good first step. But we, as a city, need to
take further steps if we intend to protect the neighboring
properties, ponds and creeks from erosion.
As I have said on many occasions, our Planning Department needs
to enforce the existing zoning ordinances . Requiring the note on
the plans is important, but if the inspector is not going to
enforce it, then we haven' t made much progress . At present, our
building inspector does not check during the time between October
15th and April 15th for implementation of temporary erosion
controls . He does not issue "stop orders" if anyone has not
complied because his department has not required '';it . The only
temporary erosion controls that have been implemented that I am
aware of are those required by the Compliance Officer after the
erosion damage has taken place and a complaint filed.
In regards to the Report to City Council from Mr.; Engen, I have a
few comments . On the first page under the heading 11405 Santa
Ana Site he states that North Coast Engineering reviewed the site
plans and advised that it met City Standards for 'City drainage
requirements . I agree with that statement. The ';plans show the
permanent drainage plans which have not been implemented yet .
I'm sure they meet the City' s requirements . But ';there has been
no temporary erosion controls implemented even during February-
April 1993 , our rainy season. And the fill slopes have yet to be
re-vegetated. Our rainy season comes again in 2 months . The
Zoning Ordinance #9-4 . 141 (a) (9) states "protective measures to
be taken during construction, such as hydromulching, berms
(temporary or permanent) , interceptor ditches, subsurface drains,
terraces, and/or sediment traps in order to prevent erosion of
the cut faces of excavations or of the sloping surfaces of
fills . " Zoning Ordinance #9-4 . 145 (d) (3) states ';"Within 30 days
after completion of, grading, . . .all surfaces disturbed by
vegetation removal, grading. . . .or other construction
• activity. . . . shall be revegetated to control erosion. . . . . .Erosion
controls may include any combination of mechanical or vegetative
measures, including those described in USDA Soil Conservation
(2)
Service Bulletin 347 . 1' These 2 quotes lead me to', believe that
this particular construction site, and I'm sure there are others
like it, are not being required to comply.
I think the biggest problem with this issue is education. The
Planning Department is not used to requiring these acts and they
are not looking forward to having to deal with the contractors
who will probably complain about more restrictions . As I
mentioned in one of the quotes from the Zoning Ordinance, the
Soil Conservation Service Bulletin 347 is referred to as a source
of ideas for erosion controls . I would like to suggest that the
Planning Department give out one of these booklets with each
grading and building permit issued along with an explanation of
the City' s requirements . I believe most contractors will comply
if the City' s situation is explained to them. I have spoken to
the Soil Conservation Office in Paso Robles, and they will be
happy to round up some of these bulletins if we are interested in
issuing them with grading and building permits.
Regarding the issue of compliance; I know that is'; a concern to
the Planning Department . Using the Police DepartMent as an
example with their volunteer patrols, I would like to suggest a
volunteer compliance patrol . They could be given'' a list of
current construction sites and, during the rainy season, could
check each site and report to the building inspector the ones not
complying. This would save the inspector time and would probably
encourage compliance if the contractors knew there were
compliance patrols . I know several people who have told me they
would gladly volunteer for something like this, myself included.
In closing, I would like to say again that I am happy to see this
issue getting some attention. I hope we can continue to take
further steps to help preserve our natural waterw4ys and protect
neighboring properties from further damage.
Sincerely,
Marcia McClure Torgerson
/m
REPORT TO CITY COUNCIL Agenda Item: B-2
CITY OF ATASCADERO
Through: Andy Takata, City Manager Meeting Date: 9/28/93
From: Mark Joseph, Administrative Services Director'
Through: Henry Engen, Community Development Director
SUBJECT: Installation of stop signs on the Santa Rosa overpass
at Highway 101.
RECOMMENDATION: Approval of Resolution 91-93 authorizing
installation of stop signs on the Santa Rosa Overpass.
DISCUSSION: The Traffic Committee reviewed the Santa Rosa
overpass site for ways to improve traffic circulation and traffic
safety. Insofar as the overpass itself is on Caltrans property
and is maintained by Caltrans, Caltrans has ultimate
responsibility over any modifications. However, it is felt that
a recommendation from the City might be considered by that
agency.
After Committee review and discussion, the Committee
recommends stop signs to be installed on the overpass itself.
This proposal was agreed to by a Caltrans Engineer, who attended
the Committee' s meeting.
Options:
1. Approve Resolution No. 91-93
2. Modify or 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,
which controls the overpass. It is expected that Caltrans will -
perform the work at no cost to the City.
a:Caltrans
#3A
000001
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 AT HIGHWAY 101
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 both sides of the Santa
Rosa overpass will improve traffic safety (refer to Exhibit "A" ) ;
and
WHEREAS, Caltrans owns, maintains and controls the area upon
which the stop intersection is being proposed;
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 , and seconded by
Councilmember , the foregoing Resolution is hereby adopted
in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
By: ROBERT P. NIMMO -
Mayor
ATTEST:
LEE RABOIN, City Clerk
000002
{ URISIT A
I RESOLUTION 91-93
GIN�y — 1 ,f7Folz j
f
H N
SAM ROSAAe
�
0 i
4
4
•
IT
000004
REPORT TO CITY COUNCIL Meeting Date: 9-28-93
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:
Elimination of Bus Loading Zone.
RECOMMENDATION:
Traffic committee recommends approval of Resolution No. 94-93
eliminating the bus stop at 5550 E1 Camino Real effective November
1, 1993 .
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.
In addition to the Greyhound Bus, the Amtrak Bus Company also
has an agreement with the business owner to use this location for
their connector route. I have contacted Caltrans, who administers
the Amtrak Bus system, and they have agreed to relocate but will
need until the end of October to allow for changes in their printed
schedule.
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.
0
000005
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 El Camino Real effective November 1,
1993 .
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 ROBERT P. NIMMO,- Mayor
APPROVED AS TO FORM: _
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
Director of Community Development
000006
REPORT TO CITY COUNCIL Meeting Date: 9-28-93
CITY OF ATASCADERO Agenda Item: B-4
Through: Andy Takata, City Manager
Via: Henry Engen, Director of Community Development
From: Valerie Humphrey, Engineering Division
SUBJECT
Establishment of Stop intersection.
RECOMMENDATION
The Traffic Committee recommends that Council adopt Resolution
No. 108-92 creating a stop intersection on Andrita Avenue at the
intersection with Sierra Vista.
DISCUSSION
The request for a stop sign at this location came from a
resident in the area who writes that traffic does not hesitate when
entering Sierra Vista from Andrita Avenue causing many "close
calls". After review of the location the Traffic Committee agreed
with that a stop sign on Andrita Avenue would improve safety in
this area.
OPTIONS
1) Approve Resolution No. 108-93
2) Deny Resolution No. 108-93
3) Return to Traffic Committee for further consideration. _
FISCAL IMPACT
The cost of this installation is estimated to be approximately
$150. 00 to be paid out of current fiscal year budgeted funds.
000007
RESOLUTION NO. 108-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
DESIGNATING A STOP INTERSECTION ON ANDRITA AVENUE AT
SIERRA VISTA
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 this location will increase
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 location
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 ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
Director of Community Development
000008
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item No: B-S
Through: Andy Takata, City Manager Meeting Date: 9/28/93
From: Henry Engen -l -
Community Development Director
SUBJECT:
Resolution enabling use of Mortgage Credit Certificates by first
time home buyers within the City.
RECOMMENDATION•
Approval of attached Resolution No. 119-93.
BACKGROUND:
The Housing Authority of the City of San Luis Obispo has
forwarded an invitation for the City to pass a resolution which
would enable the Authority to make available Mortgage Credit
Certificates within the City. As the attached letter from George
Moylan indicates, passing this resolution would enable them to
act as administrator for such a program in our area in much the
same manner as they do for Section 8 Housing Assistance Programs.
As indicated in the attached materials, this would provide an
opportunity for additional financing to qualifying first-time
home buyers. There would be no cost to the City with the Housing
Authority covering their costs through fees charged to partici-
pants, lenders, and developers.
DEADLINE:
Although the letter indicates the need for action by committee/
staff September 21, 1993, we have been advised that October 1,
1993, would be the deadline for receiving a resolution from the
City Council.
HE:ph
Encls: Housing Authority Letter - September 3, 1993
Resolution No. 119-93
Cooperative Agreement
cc: George Moylan
000009
4 AUTHop?
r
O
Ail
housinQ Authomt
A
OF THE CITY OF SAN LUIS OBISPO
487 Leff Street P.O.Box 638 San Luis Obispo,CA 93406 • Phone:(805)>543-4478 Fax:(805)543-4992
Executive Director-Secretary R E C E 11 V E D
George J. Moylan Septeuber
3, 1993 S L l - 7 ;� J
Mr. Andrew Takata
City Mmager CITY MGR.
City of Atascadero
P.O. Box 747
Atascadero, CA 93433
Dear Mr. Takata:
The Bousing Authority of the City of San Luis Obispo is embarking on a new
program which we feel wi11 enhance the economies of canniniti_es participating in
the program as well as make hcueawnership available to first time homeh4,ers who
were previously excluded from the market. A combination of law interest rates
and many available prcperties appears to be an excellent time to initiate this
Pro9 •
The prargram is called the Mortgage Credit Certificate (MM) program and it is
in w-i&—spread use in other parts of the state where the acceptance rate has
been exertional.
MOrtgage Credit Certificates (Mr's) were authorized by Congress in the Tax
Reform Act of 1984. In 1985 the State adopted legislation authorizing local
agencies to male the Certificates available in the State of California.
KV s prMide %mliflied h mebuyers,with a federal income tax credit which
reduCes an individual taxpayer's liability by an amount equal to the credit.
The naXIman anmual tax credit available is equal to 20 percent of the annual
interest paid on the borrower's mortgage. Fbr instance if a borrower pal's
$10,000 in interest during a year on their mortge they have a $2,000 credit
tcwaxds their tax liability. If that Liability is $2,000 for the year in
gtne� they pay no FBderal i noome tax that year. The credit, 20% of the -
m tgage interest Paid, is available to them every year they remain as an
owner-c=kmrrt of the property in question. The credit is lost when they
ref inarrn the property. By reducing the borrower's tax liability, the tax credit
essentially prvvi.des additwnal inccme whWch can be used for mortgage payments.
In San Luis Obispo County in 1993 the maximun Purchase price of a new
that can q a ;fy forM7C's is $169,100, the price of existing (resale)
must be $120,200 or less. In order to participate in the programa individuals and
fami l i roc must have maximum annual incomes of $44,600 or less for 1 and 2 person
househoXdds and $51,300 or less for 3 or more person households. We have held
discussi aLs with three developers of affordable housing in the County and cur
conclusion is that thpugh a oomhination of this program, and the lower interest
rates and purchase prices cited above, we can malas homeownership available to a
ciT faint- number of local resi,cients who were previously excluded from the
single-family marlaet.
I am available to meet with you ocmmbem-Gf of staff if additional program
,nfrr,Mtrn, is needed. 000010
(GOAL NOOSI00
orroirzuMttr
The program is acl<nini stared by the California Debt Limit Allocation Carmittee,
and to date some 28 programs have been approved. The County of Santa Clara has
had a program since 1987 arra during the six years of the program's operation a
total of 5,745 residents of that county have used MDC's.
In order to establish a program we must file an application with the Debt Limit
Allocation Ccnmittee. We are in the process of preparing that . We
anticipate that we will ask for $15 million in contract authority. Such an
amount would make apprmcimately 134 NOC's available for use by residents of San
Luis Obispo County.
The Housing Authority of the City of San Luis Obispo can and is committhig the
City of San Luis Obispo to the program. however, because of State Law uiu c
limits our area of operation it cannot cams t your cam unity to the program. In
this regard the situation is much the same as it exists in the Section 8
program. However, in the Section 8 program we simply must secure from you a
Section 213 cmuent letter approving cur operation of that program in your
community. In this program a more involved approval is needed.
Specifically I am enclosing a sample of a resolution, as well as a,sauple
Cooperative Aunt, which must be adopted by your ommanity if it is to
participate with us in the M7C program. We hope to have our application
considered by the Debt Limit Allocation Cammittee at it's Oatober 21 meeting,
this mdght be that group's last meeting of the year. Thus we must have the
application submitted to the Committee's staff by September 21. Obviously the
� support we can shwa in the county, via adopted resolutions, the better the
opportunity for success in securing a funding allocation.
• To that errs I will be available to meet with City Council's on an as needed
basis, day or night, regular or study sessions, to attempt to answer any
questions that they or you might have.
In closing I would add that beyond the coitment to pen t the program to
operate imm
In your ccnmmdty there is no other action that must be taken. Our
understanding is that in other areas of the State moiri,�7;ties and counties
have been asked to share in the cost of preparing a program application and
avirninistering the program. Our decision is to make no such request of the
om= ties we serve. Our costs will be reinb=sed by fees charged to
Participants,pants, lenders and developers who desire to reserve HM's for use in •
their develOpTents.
Once again I am wrai 1 ahl a at any time to respond to questi ms and concerns. My
Office phone is 543-4478, and my hone phone is 546-9547.
Sincerely,
George J. Moylan
B�oecutive Director
Enclosure
000011
RESOLUTION NO. 119-93
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO AUTHORIZING EXECUTION OF AN AGREEMENT
REGARDING THE USE OF MORTGAGE CREDIT CERTIFICATES IN THE
CITY OF ATASCADERO AND THE ADMINISTRATION OF THE
PROGRAM BY THE HOUSING AUTHORITY OF THE
CITY OF SAN LUIS OBISPO
WHEREAS, there is a continued need for affordable homeowner-
ship opportunities within the City of Atascadero and the County of
San Luis Obispo, particularly for households at the lower end of
the purchasing spectrum; and
WHEREAS, the Tax Reform Act of 1984 established the Mortgage
Credit Certificate Program (hereinafter referred to as the "MCC
Program" ) as a means of assisting qualified individuals with the
acquisition of new and existing single family housing; and
WHEREAS, Division 31, Part 1, Chapter 3.5, Article 4 of the
California Health and Safety Code Sections 50197 et seq (the "Act" )
authorizes . . .a redevelopment agency, housing authority, or other
local entity, authorized by state law to issue qualified mortgage
bonds. . . " to create and participate in MCC Programs; and
WHEREAS, Section 8869 .85 of the Government Code requires a
local agency to file an application for a portion of the state
ceiling with or upon the direction of the California Debt Limit
Allocation Committee ( "CDLAC" ) prior to the issuance of qualified
mortgage bonds or mortgage credit certificates; and
WHEREAS, the Housing Authority of the City of San Luis Obispo
( "Housing Authority" ) has heretofore determined to engage in an MCC
Program pursuant to the "Act" in order to assist individual home
purchasers both in the City of San Luis Obispo and throughout the
county to afford both new and existing homes within the statutory
limits as provided for in said Act; and
WHEREAS, a request by the Housing Authority for an MCC Program
allocation will be heard by the California Debt Limit Allocation -
Committee (CDLAC) at its October 21, 1993 meeting; and
WHEREAS, the City requests that the MCC allocation be
available to eligible first time homebuyers within the corporate
limits of the City; and
WHEREAS, the Housing Authority and City wish to cooperate with
one another pursuant to the "Act" in the exercise of their powers
under the "Act" for the purposes of the MCC Program; and
WHEREAS, the Housing Authority has the capacity to administer
an MCC Program.
000012
Resolution No. 119-93
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Atascadero as follows:
Section 1: The Cooperative Agreement ( "Agreement" ) , dated as
of September 28, 1993, between the Housing Authority and the City,
in the form presented to this meeting, is hereby approved and the
Mayor or City Manager is hereby authorized and directed to execute
and deliver the Agreement, for and in the name and on behalf of the
City. The Mayor or City Manager is authorized to approve any
additions to or changes in the form of the Agreement deemed
necessary or advisable, approval of such additions or changes to be
conclusively evidenced by the execution by the Mayor or City
Manager of the Agreement as so added to or changed. The Mayor or
City Manager is further authorized to enter into such additional
agreements with the Housing Authority, execute such other
documents, or take such other actions as they may deem necessary or
appropriate to carry out the purpose and intent of the Agreement or
to cooperate in the implementation of the Program.
Section 2: This resolution shall take effect from and after
its adoption.
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the
Mayor or City Manager of the City be hereby authorized and directed
to execute said agreement for and on behalf of the City of Atasca-
dero.
On motion by and seconded by
, the foregoing resolution is hereby adopted in its
entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
ATTEST: ROBERT P. NIMMO, Mayor
• LEE RABOIN, City Clerk
000013
COOPERATIVE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF
SAN LUIS OBISPO AND THE CITY OF ATASCADERO
THIS COOPERATIVE AGREEMENT (the "Cooperative Agreement") is made and
entered into as of , 1993 by and between the Housing Authority of the City
of San Luis Obispo ("Housing Authority"), and the City of Atascadero, a municipal corporation of
the State of California(the "City").
WITN ESS ETH:
WHEREAS, the Tax Reform Act of 1984 established the Mortgage Credit Certificate Program
(hereinafter referred to as the"MCC Program") as a means of assisting qualified individuals with
the acquisition of new and existing single family housing; and
WHEREAS, the Housing Authority and the City have heretofore determined to engage in an
MCC Program pursuant to Division 31, Part 1, Chapter 3.5, Article 4 of the California Health and
Safety Code Sections 50197 et seq (the "Act") in order to assist individual home purchasers in
the City of Atascadero to afford both new and existing homes within the statutory limits as
provided for in said Act; and
WHEREAS, in furtherance of the MCC Program, the Housing Authority has authorized its staff to
apply to the California Debt Limit Allocation Committee (CDLAC) for a mortgage bond allocation
in the amount of$15,000,000, to be traded for authority to issue Mortgage Credit Certificates in a
face amount of$3,750,000(based upon the 4:1 trade-in value of bond allocation); and
WHEREAS, it is expected that the application for the MCC Program will be subsequently acted
upon by CDLAC at its October 21, 1993 meeting; and
WHEREAS, the City and the Housing Authority wish to cooperate with one another pursuant to
the Act in the exercise of their powers under the Act for the purposes of the MCC Program; and
WHEREAS, the Housing Authority has the capacity both to issue bonds and to establish and
administer an MCC Program and the City desires that the Program be applicable to eligible real
property in the City;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the
parties hereto agree as follows:
SECTION 1. The words and phrases of this Cooperative Agreement shall, for all
purposes hereof unless otherwise defined herein, have the meanings assigned to such words
and phrases in the Act.
SECTION 2. The Housing Authority shall staff a program for the effective administration
of an MCC program within the geographical boundaries of the City. The Housing Authority shall
cooperate with local real estate and lending institutions in order to maintain their participation in
1 of 2
000015
Cooperative Agreement- Housing Authority of the City of San Luis Obispo & City of
Atascadero - 9/15/93
securing applications from eligible applicants for review and approval by Housing Authority
representatives on behalf of the Housing Authority and the City.
SECTION 3. Nothing in this Cooperative Agreement shall prevent the Housing Authority
from entering into one or more similar agreements with other municipal corporations within the
County, if deemed necessary and advisable to do so by the Housing Authority, so long as such
other agreements are not inconsistent with this agreement.
SECTION 4. This Cooperative Agreement may be amended by one or more
supplemental agreements executed by the Housing Authority and the City at any time as long
as those amendments comply with State and Federal MCC Program regulations.
SECTION 5. This Cooperative Agreement may be terminated by either party upon 90
days written notice delivered to the other party. The term of this Cooperative Agreement shall
extend until such termination by written notice or until the mortgage credit certificates are fully
retired, or shall terminate should an allocation not be received from CDLAC.
SECTION 6. The City agrees to undertake such further proceedings or actions as may
be necessary to carry out the terms and intent of this agreement as expressed in the recitals
hereto; PROVIDED, HOWEVER, that nothing herein shall require the City to appropriate any
funds to the Housing Authority for services under this Cooperative Agreement. Funds for the
administration of the MCC Program shall be derived by the Housing Authority from the fees paid
by the MCC applicants.
r in shall be
SECTION 7. Nothing contained he interpreted to impose a relationship of e
partners or joint ventures between the City and the Housing Authority.
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement
to be executed and attested by their proper officers thereunder duly authorized, and their official
seals to be hereunto affixed, all as of the day first above written.
HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO
(SEAL) BY:
George Moylan
Executive Director
CITY OF ATASCADERO
BY:
City Manager
(SEAL) BY:
City Clerk
2of2
000016
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item No: B-6
Through: Andy Takata, City Manager Meeting Date : 9-28-93
File No: Carlton Square
Via: Henry Engen, Community Development Director jK
From: e Steven L. DeCamp, City Planner
SUBJECT:
Authorization for an encroachment permit for outdoor seating and
dining in conjunction with the Carlton Square Mall project .
RECOMMENDATION
Approve Resolution 118-93 authorizing staff to issue, after
review and with specified conditions, the requested encroachment
permit .
BACKGROUND:
The Atascadero Municipal Code provides for the temporary closure
or partial closure of City streets " . . for celebrations, parades,
local special events and other purposes. . . " This request is for
an encroachment permit to partially close portions of public
sidewalks .
ANALYSIS:
F. McLintocks, Inc. , the major tenant in the Carlton Square Mall
project, has requested permission to place tables on the public
sidewalks along Traffic Way and El Camino Real adjacent to- their
planned business location (see Exhibit A attached to the =
Resolution 118-93) .
The thirty six inch (3611) diameter tables and chairs will be
placed immediately adjacent to the building. The tables will be
so located as to insure a clear aisle of at least sixty inches
(60") between the tables and any other features on the sidewalk
(eg. , trees, sign posts, etc. ) .
Staff believes that this proposal can have a positive affect on
pedestrian activity in the Downtown area without impeding normal
and routine use of the sidewalks .
ATTACHMENT: Resolution 118-93
00001'7
RESOLUTION NO. 118-93
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO AUTHORIZING THE ISSUANCE OF
AN ENCROACHMENT PERMIT FOR THE PLACEMENT
OF DINING TABLES WITHIN THE PUBLIC RIGHT-OF-WAY
OF TRAFFIC WAY AND EL CAMINO REAL
WHEREAS, F. McLintocks, Inc is desirous of establishing a
restaurant with outdoor seating and dining in the Carlton Square
Mall; and
WHEREAS, the outdoor seating and dining would be established
on the sidewalks within the public rights-of-way of Traffic Way
and El Camino Real; and
WHEREAS, the encroachment permit will be reviewed by the
Community Development Department, Police Department, and Fire
Department prior to its issuance; and
WHEREAS, the Atascadero Municipal Code, Title 4, Article 15,
Section 4-2 . 1501 gives authority for the temporary closure of a
portion of a street when it is determined that such closure is
necessary for the protection of persons who are to use that
portion of the street; and
WHEREAS, the City Council has considered the matter and
finds the closure necessary for the safety and protection of the
persons who are to use that portion of the streets .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Atascadero as follows :
Section 1 . The City Manager, or designee thereof, is authorized
to close those portion of the sidewalks of -Traffic Way ancr El
Camino Real shown on the attached Exhibit A during the normal
business hours of McLintocks Restaurant . -
Section 2 . F . McLintocks, Inc. is authorized to conduct business
on the designated portions of the sidewalks of Traffic Way and E1
Camino Real subject to the following conditions :
1 . A Certificate of Insurance shall be provided, naming the
City of Atascadero as an additional insured, with a minimum
liability coverage of $1, 000, 000 .
2 . F . McLintocks, Inc . shall enter into a "Hold Harmless"
agreement with the City of Atascadero. The form of said
agreement shall be as approved by the City Attorney.
000018
Resolution 118-93
3 . Use of the sidewalks for seating and dining shall be limited
to the areas depicted on the attached Exhibit . A minimum
sixty inch (6011) wide clear aisle between tables and other
sidewalk obstructions shall be maintained at all times .
4 . The site shall be continuously maintained and shall be kept
free of rubbish and debris at all times .
5 . The City Council may, upon ten (10) days written notice,
rescind this authorization.
On motion by and seconded by
, the foregoing resolution is hereby
adopted in its entirety by the following roll call vote:
AYES :
NOES :
ABSENT:
DATE ADOPTED:
CITY OF ATASCADERO, CA
ROBERT P . NIMMO, Mayor
ATTEST :
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ART MONTANDON, City Attorney
PREPARED BY:
• HENRY ENGEN, Community Development Director
000019
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........................ .. .. .. ...
Kuentzel, Henderson & Associates
IPA
ARCHITECTURE PLANNING CONSTRUCTION
` A Douglas A.Kuentzel,Architect
Frank L.Henderson,Architect
RECEIVED
September 2, 1993 SEP - 2 1993
COMMUNITY DEVELOPMENT
Steven L. DeCamp
City Planner
City of Atascadero/Planning Depart.
6500 Palma Avenue
Atascadero,CA 93422
Re: McLintock's seating encroachment permit.
Dear Steve:
Enclosed is a copy that graphically indicates the relationship of
McLintocks to Carlton Square Mall at the corner of Traffic Way and El
Camino Real.
In addition, the tables and chairs are on the plan indicating the
approximate area and numbers which are desired by McLintocks. Sixty
inches in clear aisle as indicated is showing a minimum clear path to be
maintained. Tables are indicated not to exceed 36 inches in diameter.
We believe the addition of this seating area will enhance potential
pedestrian activity at this downtown intersection.
At this time, we believe this drawing and letter to represent an application
for this encroachment. Please inform us if you need any additional
materials.
We hope, in a few weeks,to follow with a finalized design on the public
parking area. Our intent is to prepare a similar letter and plan to submit
that design for a similar encroachment permit.
Please inform us if you believe this to be the appropriate procedure.
I
805 • 466 • 1879 5995 Traffic Way,Suite A Atascadero,California 93422
000021
Thank you for your assistance in the final steps in starting construction on
this important downtown project.
Sincerely,
Frank Henderson
Architect/Project Manager
Carlton Square
FLH/amb
cc: Phil Sansom,Chief Executive Officer
F. McLintocks,Inc.
750 Mattie Road
Shell Beach,CA 93449
000022
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item No: B-7
----------------------------------------------------7------------
Through: Andy Takata, City Manager Meeting Date: 09-28-93
Via: Richard H. McHale, Chief of Police VV
From: John S. Barlow, Police Lieutenant
SUBJECT:
Request through the City Managers office an updated resolution
naming individuals authorized to execute, on behalf of the City
of Atascadero, applications and documents for the purposes of
obtaining financial assistance for emergency services under the
Federal Civil Defense Act of 1950.
RECOMMENDATION:
Staff recommends that the City Council adopt proposed resolution
containing current names.
FISCAL IMPACT:
The City of Atascadero will continue to receive federal funds for
emergency services operations.
000025
RESOLUTION NO. 116-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA; NAMING INDIVIDUALS
AUTHORIZED TO EXECUTE, FOR AND IN BEHALF OF
THE CITY OF ATASCADERO, APPLICATIONS AND DOCUMENTS
FOR PURPOSES OF OBTAINING FINANCIAL ASSISTANCE FOR EMERGENCY
SERVICES UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950
WHEREAS, the Atascadero City Council has adopted Ordinance No. 135
establishing the structural positions of Coordinator, Director and Assistant Director of
Emergency Services; and
WHEREAS, pursuant to Federal Emergency Management Agency (FEMA)
regulations, the City County adopted Resolution No. 6-89 on January 24, 1989
authorizing certain individuals to serve in the capacities of Coordinator, Director and
Assistant Director of Emergency Services; and
WHEREAS, there is a need to re-designate the positions of Coordinator, Director
and Assistant Director of Emergency Services.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1 . Resolution No. 6-89 is hereby rescinded.
SECTION 2. The following named individuals are hereby authorized to execute
for, and in behalf of, the City of Atascadero, a public entity established under the laws
of the State of California, applications and documents for purposes of obtaining
financial assistance for emergency preparedness and services under the Federal Civil
Defense Act of 1950:
ANDREW J. TAKATA,
Emergency Services Director
RICHARD H. McHALE, HENRY ENGEN,
Assistant Emergency Services Director Assistant Emergency Services Director
LT. JOHN BARLOW, LT. WILLIAM WATTON,
Emergency Services Coordinator Emergency Services Coordinator
000026
Resolution No. 116-93
Page 2
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 ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
•
000027
RFSO LfrICN NUMBER 6-89
BE IT RESOLVED BY THE CITY CCUNCIL OF THE CITY OF ATASCADERO, CALIF:2NIA, THAT
THE FOLLOWING NAMED INDIVIDUALS ARE HEREBY AUTHORIZED TO EXECUTE FOR AND IN
BEHALF OF THE CITY OF ATASCADERO, A PUBLIC ENTITY ESTABLISHED UNDER THE LAWS OF
THE STATE OF CALIFORNIA, APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING
FINANCIAL ASSISTANCE UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED,
(PUBLIC LAw 920, 81ST CONGRESS, 50 USC APP. 2251-2297) .
RAY WINDSOR E.-S. DIRECTOR
RICHARD H McHALE ASST. E.S.--DTR.
MITI I TAM WATTON E S COORDINATOR
PASSED ANO APPROVED THIS 24th DAY OF January 1989
Y COUNCILPERSON
% COUNCILPERSONCOUNCILPERSON
COUNCILPERSON COUNCILPERSON
CERTIFICATION
I. BOYD SHARITZ, DULY ELECTED AND CITY CLERK OF THE CITY OF ATASCADERO,
CALIFORNIA DO HEREBY CERTIFY THAT THE ABOVE IS A TRUE AND CORRECT COPY OF A
RESOLUTION PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA ON THE 7Gth DAY OF Tannary 1989.
4
DATE
CITY CLERK, CITY OF ATASCADERO
000028
(RESOLUTION NO. fi-$Q, PAGE TWO)
APPROVED AS TO FORM: CITY OF ATASCADERO
*JRyJoGENSElN BONITA BORGESON
N MAYOR
•
000029
ORDINANCE NO.
190
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING CHAPTER 4 OF TITLE 4
OF THE ATASCADERO MUNICIPAL CODE RELATING
TO EMERGENCY ORGANIZATIONS AND FUNCTIONS
The Council of the City of Atascadero does ordain as
follows:
Section 1. Text Change.
(a) Section 4-4 . 04 is amended by deleting subparagraph
(c) in its entirety and adding a new subparagraph (c) as
follows:
(c) The Coordinator of Emergency Services, as
appointed by the Director of Emergency Services.
(b) The title of Section 4-4 . 06 is deleted in its
entirety and a new title is added as follows:
Section 4-4 . 06. Director, Assistant Director,
Cand Coordinator of Emergency Services.
(c) A new paragraph (c) is added to Section 4-4 . 06 as
follows:
(c) There is hereby created the office of
Coordinator of Emergency Services, who shall be
appointed by the Director.
(d) The title of Section 4-4 . 07 is deleted in its
entirety and a new title is added as follows:
Section 4-4 . 07 . Powers and Duties of the
Director Assistant Director, and Coordinator of _
Emergency Services.
(d) A new paragraph (d) is added to Section 4-4 . 07 as
follows:
(d) The Coordinator of Emergency Services
shall, under the supervision of the Director, manage
the day-to-day operations of the Atascadero civil
defense/emergency services program. In time of an
actual emergency, the Coordinator of Emergency
Services shall report directly to the Director.
000030
ORDINANCE NO. 190
'. Page 2
(e) Section 4-4 . 09 is deleted in its entirety and a new
Section 4-4 . 09 is added as follows:
Section 4-4 . 09 . Emergency Plan. The
Coordinator of Emergency Services, at the direction
of the City of Atascadero Disaster Council, shall be
responsible for the development and continual
updating of the City of Atascadero Emergency Plan,
which plan shall provide for the effective
mobilization of all of the resources of this City,
both public and private, to meet any condition
constituting a local emergency, state of emergency,
or state of war emergency; and shall provide for the
organization, powers and duties, services, and staff
of the emergency organization. Such plan shall take
effect upon adoption by resolution of the City
Council.
Section 2 . 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 this City in
accordance with Government Code Section 36933 ; shall certify
the adoption of this ordinance; and shall cause this ordinance
and certification to be entered in the Book of Ordinances of
this City.
Section 3 . Effective Date. This ordinance shall go into
effect and be in full force and effect at 12 : 01 a.m. on the
thirty-first (31st) day after its passage.
.On motion by Council member Mackey and
seconded by Council member Lilley the foregoing
ordinance is hereby adopted in its entirety by the following
roll call vote:
AYES: COUNCILPERSON LiLLEY, SHIERS , DEXTER, MACKEY AND MAYOR BORGESON
NOES : NONE
ABSENT: NONE
DATE ADOPTED: 2-14-89
000031
ORDINANCE NO. 190
Page 3
CITY OF ATASCADERO, CALIFORNIA
By, 4,
BO ITA BORGESO , M r
ATTEST:
BOYD C> SHARITZ, Ci lerk
APPROVED AS TO FORM:
REO ENSEN, City Attorney
APPROVED AS TO CONTENT:
RAY tFIN SOR, City Manager
JGJ: fr/1/16/89
C:ORATA682
000032
REPORT TO CITY COUNCEL
CITY OF ATASCADERO Agenda Item: B-8
------------------------------------------------------ ------------------------------
THROUGH: Andy Takata, City Manager Meeting Date: 9/28/93
FROM:-------- Michael P.-McCain, Fire Chief---- IY _--------------
SUBJECT•
Participation in a Regional Hazardous Materials Response Team.
RECOMMENDATION•
Adoption of Resolution No. 113-93 authorizing the Mayor to sign a
cooperative agreement which confirms participation by the Fire
Department in the San Luis Obispo County Regional Hazardous
Materials Response Team.
BACKGROUND:
Each and every community within San Luis Obispo County is at risk of
a hazardous materials incident that would require a response capability
that currently does not exist. No single jurisdiction can afford or
logistically support a hazardous materials response team that complies
with the State and Federal regulations. The Fire Chiefs of San Luis
Obispo County working in cooperation with the Environmental Health
Department, Sheriffs Department, California Department of
Transportation, California Highway Patrol, Office of Emergency
Services, and others have completed a three-year analysis of the
impacts and capabilities of local emergency responders in hazardous
materials related incidents. The results of this analysis quite clearly
indicate that the best approach to handling this county-wide problem
is the development of such a team.
DISCUSSION:
The Chiefs have developed a comprehensive plan to deal with the
hazardous materials response problem in the County. The team
approach draws upon the resources of the many agencies that play a
role in this area. in addition, a component of the plan also allows for
the participation of the private industry. The county of San Luis
Obispo, through its Office of Emergency Services, has agreed to
administer the program. it will provide for cost recovery, grant
research and application, clerical assistance and coordination with
10 local agency representatives. A governing board made up of five Fire
1
0000.33
Chiefs and a member of the County's Environmental Health
Department will oversee the program in its day-to-day operations.
The objectives include:
* Provide a level of service which would include product
identification, technical analysis and assistance, and mitigation of most
types of releases.
* Provide hazardous material team staffing without adversely
affecting any one jurisdiction's emergency staffing level.
* Control the cost to each jurisdiction by eliminating or reducing
duplication of services.
* Maintain maximum skill levels and experience by joint training
and responding to incidents in any jurisdiction.
TEAM DESCRIPTION•
The federal government has developed strict guidelines for hazardous
materials teams and has established levels of training for various team
members, i.e., Specialist, Technician, Operations, Awareness, etc. In
order to field a team for the purposes of controlling an accidental
release or spill, at least eight Hazardous Materials Technicians or
Specialists must be on the scene. In addition, a large number of
support personnel trained to the awareness or operational levels are
required to be on scene.
* Coverage
The proposed team will provide year-round 24 hours a day coverage to
the County of San Luis Obispo. Initially the team will consist of two on-
duty fire service personnel trained to the level of Hazardous Materials
Specialists: provided by local fire agencies who are capable of _
responding 24 hours a day, and will be provided on a shared basis.
Once an assessment of the problem is made, on or off duty members
from all participating agencies will be responded to the level required
to mitigate the incident. Full scale hazardous materials incidents
require a minimum of eight team members trained to the Technician
or Specialist level. Additionally, a large number of trained support
personnel is needed.
* Equipment
The City of Morro Bay has volunteered the use of a late model fire
engine to be used as the team's primary response vehicle. Support
equipment will be cached in at least three strategic locations
throughout the County. The Fire Chiefs have been very successful in
2
000034
receiving grants from a variety of State and Federal agencies for
equipment. These grants combined with the pooling of existing
resources have fulfilled equipment needs.
* Training
A Hazardous Materials Technician must complete a 4-week training
course and a Hazardous Materials Specialist 7 weeks. On-going
training must be completed each quarter in order to maintain skill
levels. it is anticipated that at least eight hours of continuing
education will be required.
In order to field a team for the purposes of controlling an accidental
release or spill, at least eight Hazardous Materials Technicians or
Specialists must be_on the scene. In addition, a large number of
support personnel trained to the awareness or operational levels are
required to be on scene.
CITY PARTICIPATION:
At the present time, the City of Atascadero has one captain who is a
certified Hazardous Materials Specialist. All other department
personnel are Haz Mat first responder certified. It will be
recommended in the 94/95 budget that an additional specialist be
certified.
• ALTERNATIVES:
Alternative 1 Elect not to participate
Pro No action would be required of the Council
Con The City runs the risk of having to mitigate any
hazardous materials release or incident in the City.
It should be noted that the per hour costs for
hazardous materials mitigation teams similar to the
proposed team are approximately- $4,000 per hour
and have an approximate response time of six hours.
Alternative 2 Modify, with concurrence from all participating
jurisdictions, the plan as submitted.
Pro The City could tailor the plan to any desired
outcome.
Con Considerable work has gone into developing the
proposed plan and it appears to meet the needs of
all agencies, large and small, from the State, Fed-
eral and local jurisdictions.
3
000035
FISCAL EWPACTS:
* Start-Up
As noted, the Chiefs have been very successful in receiving grants and
aids for the initial training and equipping of the proposed team. To
date, approximately $125,000 of grant funding has been committed to
the Team, if a majority of cities in the Counties will proceed with
implementation. These grants combined with the pooling of existing
resources should result in little, if any, fiscal impact to participating
agencies.
* On-Going
The City's annual commitment will be $1500. This amount will be
disbursed into two amounts for different agencies. Five hundred
dollars ($500) will be utilized by our Fire Department for Haz Mat
training, continuing education, and overtime for one specialist.
One thousand dollars ($1,000) will be our contribution to the County
Haz Mat team as a participation fee. This fee will be utilized by the
County Haz Mat team to cover equipment purchases and replacements.
Participation in this program will offer a very cost-effective approach
to providing the City of Atascadero with a safe and reasonable solution
to mitigating a potentially very expensive hazardous materials problem.
MPM:ps
Attachments: Resolution No. 113-93
San Luis Obispo County Regional Hazardous Materials
Response Plan
s
4
000035
RESOLUTION NO. 113--93
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO REGARDING PARTICIPATION
IN THE SAN LUIS OBISPO COUNTY
REGIONAL HAZARDOUS MATERIALS
RESPONSE TEAM
WHEREAS, the City of Atascadero is at risk of a hazardous
materials incident requiring a response capability that currently does
not exist; and
WHEREAS, the City of Atascadero can not afford or logistically
support its own hazardous materials response team that complies with
State and Federal regulations; and
WHEREAS, the Fire Chiefs of San Luis Obispo County, working
in conjunction with Environmental Health, Sheriffs Department,
Department of Transportation, California Highway Patrol, Office of
Emergency Services and others, completed a three year analysis of the
impacts and capabilities of local emergency responders in hazardous
materials related incidents; and
WHEREAS, the results of this analysis clearly indicate that the
best approach to handling a hazardous materials incident is the
development of a county-wide Regional Hazardous Materials Response
team; and
WHEREAS, participation in the San Luis Obispo County
Regional Hazardous Materials Response Team will provide the City of
Atascadero with a qualified, cost-effective and locally controlled = _
hazardous materials emergency response system authorizing '
participation.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the
City of Atascadero authorizes the Atascadero Fire Department to
participate in the San Luis Obispo County Regional Hazardous
Response Team and directs its Mayor to sign a cooperative agreement.
On motion by , seconded by
, the foregoing resolution is hereby adopted in its entirety on
the following roll call vote:
•
00003'7
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Robert P. Nimmo, Mayor
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
MICHAEL P. McCAIN, Fire Chief
000038
-SAN LUIS OBISPO COUNTY
REGIONAL HAZARDOUS MATERIALS
COOPERATIVE AGREEMENT
WHEREAS, each of the following public agencies, City of Arroyo Grande, City of
Atascadero, City of Grover Beach, City of Morro Bay, City of Paso Robles, City of
Pismo Beach, City of San Luis Obispo, County of San Luis Obispo, Fire Protection
District of South Bay, Special Service Districts of Avila Beach, Cambria, Cayucos,
Oceano, San Miguel, Santa Margarita, and Templeton, California Department of
Corrections (California Men's Colony State Prison), California Department of Forestry
and Fire Protection, California Health and Welfare Agency (Department of Mental
Health, Atascadero State`Hospital), California Military Department (California Army
National Guard, Camp Roberts), and California State University (California Polytechnic
State University San Luis Obispo), (hereinafter "Public Agencies"), is at risk of a
hazardous materials release or incident from the threatened release of hazardous
material which is transported along the major highways, railroads,and petroleum
pipelines in the County or is stored within the County for local use; and
WHEREAS, many of the Public Agencies participate in the San Luis Obispo
County Fire Services Mutual Aid Operation Plan of October, 1984, and such plan
provides for mutual aid response to hazardous materials emergencies; and
iWHEREAS, each of the Public Agencies provides the necessary public funds
for the protection of life and property against the releases or incidents involving
hazardous materials; and
WHEREAS, the creation of a specialized team of personnel to respond to
hazardous material emergencies or potential emergencies in the County of San Luis
Obispo would provide the most effective use of the combined local resources and
would benefit each of the Public Agencies; and
WHEREAS, consistent with Government Code section 6502.7, each of the
Public Agencies has authority to respond to hazardous materials emergencies and to
operate and maintain equipment for hazardous materials response; and
WHEREAS, the Public Agencies are authorized to contract with each other for
the joint exercise of any common power pursuant to Article I Chapter 5, Division 7, of
Title 1 of the Government Code of the State of California;
NOW THEREFORE, THIS JOINT POWERS AGREEMENT is entered into, by and
between those Public Agencies that have executed this Agreement by December 31,
1993, and in consideration of the mutual covenants and agreements contained herein,
the Parties hereto agree as follows:
1. PURPOSE OF AGREEMENT COMMON POWER TO BE EXERCISED: As a
supplement to the San Luis Obispo County Fire Services Mutual Aid Operation Plan of
000039
October, 1984, the Parties enter this Agreement for the purpose of providing for the
creation and establishment of a Regional Hazardous Materials Response Team
(hereinafter 'Team"). The Team shall carry out the abatement and emergency control
of hazardous conditions and stabilize the same, until these conditions can be turned
over to the appropriate authority, for further disposal.
2. NO ENTITY SEPARATE AND APART FROM THE PARTY ENTITIES: The Parties
agree that the purpose of this Agreement may be accomplished without creating an
entity separate and apart from the Parties; therefore the Parties expressly decline to
create an entity separate and apart from the Parties to this Agreement.
3. MEMBERSHIP OF BOARD OF DIRECTORS: A Regional Hazardous Materials
Response Team Board of Directors (hereinafter "Board") shall be established to
oversee the operation of the Team, establish Team policies and procedures in
accordance with the Purpose of this Agreement, and manage the Team's finances and
property utilized by the Team. The Board shall consist of six voting members selected
by the following procedure:
A. There shall be three standing members on the Board: (1) the Fire
Chief of the City of San Luis Obispo, (2) the Fire Chief of San Luis
Obispo County, and (3) a representative of the County's
Environmental Health Department.
B. There shall be one member representing each of the following
three geographic areas: (1) North County, which includes San
Miguel, Paso Robles, Templeton, Atascadero, Santa Margarita,
Atascadero State Hospital and Camp Roberts; (2) South County,
which includes Arroyo Grande, Pismo Beach, Grover Beach, Avila
Beach, and Oceano; (3) Coastal, which includes Morro Bay,
Cambria, South Bay, Cayucos, California Men's Colony, and Cal
Poly. Each of these members shall be a Fire Chief elected by the
Fire Chiefs of the communities that are represented by that area.
Each appointee shall serve a term of two years. He or she may--
be
ay-be re-elected for an unlimited number of terms.
4. BOARD MEETINGS: The Board shall establish the time and place for its
meetings and shall hold at least one annual meeting. A special meeting may be called
by the Chairperson, or upon demand of two-thirds of the six members of the Board,
by noticing each Board member at least 48 hours before the time of such meeting.
The notice shall specify the time and place of the meeting and the business to be
transacted. All meetings of the Board shall be open to the public, except for those
sessions which may by law be closed. The Board shall cause its Secretary/Treasurer
to maintain minutes of open meetings, which shall be public documents available for
inspection at the County of San Luis Obispo Office of Emergency Services at all times
during regular business hours of San Luis Obispo County. No compensation shall be
received by any member of the Board for his or her services. No business shall be
transacted without the presence of a quorum of the Board. A quorum shall consist of
four or more Board members. A majority vote of the quorum shall be required to
-2 000040
transact business. At the first Board meeting, the Board shall adopt rules for the
orderly transaction of business.
5. BOARD OFFICERS AND EMPLOYEES: The Board shall elect officers, by
majority vote, to serve as Chairperson and Vice Chairperson. The Secretary/Treasurer
shall be a non-voting member of the Board and shall be a member of the County of
San Luis Obispo Office of Emergency Services.
6. FINANCING: Use of the equipment, materials, and facilities of the Parties shall
be in accordance with rules and regulations approved by the Board. The Board shall
prepare an annual fiscal year budget for the needs of the Team. Each Party.shall
provide a equal share of the budget amount which excludes any amounts contributed
toward the total budget amount by grants, donations, or other sources. The
Secretary/Treasurer shall bill each of the Parties annually or at more convenient
intervals determined by the Secretary/Treasurer. All funds shall be deposited into a
separate account to be maintained as the Regional Hazardous Materials Response
Team Account (hereinafter "Account"). The Board shall have access to the Account
upon signature of any two Board members. In the event any Party fails to contribute
its equal share of the budget, as determined by the Secretary/Treasurer, such Party
may be terminated from participation on or assistance by the Team by a majority vote
of the Board.
• A. Any excess in federal, state, or local funds in the Account at
the end of any fiscal year shall be transferred to the next
fiscal year's budget.
B. During the first year, a fund shall be established by the
Board and funded by each of the Parties contributing an
amount to the Account not to exceed $1,000.00 each.
C. During each successive budget year, the fund shall be
maintained at no more than $20,000.00 and no less than
$15,000, through agencies contributions not to exceed _
$1,000 each per year. Upon majority approval of the
Board, the fund may be expended for the purchase of
equipment, unanticipated training needs, equipment repair,
and other unanticipated expenses determined necessary by
the Board.
D. Funds shall not be budgeted for or disbursed from the
Account in a manner which creates a deficit at any time.
7_ TERMINATION OF AGREEMENT: This Agreement shall remain in full force and
effect until such time as a majority of the Board shall vote to terminate this Agreement
and each of such majority Board member's Public Agency ratifies his or her vote.
Each Party may individually terminate its involvement in this Agreement, and thereby
withdraw from participation on or assistance by the Team, by providing 90 days
written notice of termination to any one of the members of the Board. Parties
individually terminating involvement in this Agreement shall not be entitled to any
refund of funds previously paid to the Account. In the event this Agreement is
-3- 000041
terminated by a majority vote of the Board ratified by the majority's Public Agencies, .
the following shall occur: (1) all equipment and/or material donated by any agency for
use by the Team shall be returned to the agency without compensation for either
ordinary wear and tear or replacement, (2) all property utilized exclusively by the Team
shall be sold at fair market value and the funds received shall be deposited in the
Account, (3) the Secretary/Treasurer shall pay any outstanding accounts, invoices,
and Board-approved claims from the Account, (4) any grant monies which have not
been expended shall be returned to the grantor, and (5) finally, the Account shall be
disbursed equally to those Public Agencies which participated in this Agreement at the
time of the Board's majority vote for termination.
8. REPORTS: The Secretary/Treasurer shall maintain the financial records of the
Team in an accurate and organized manner at all times and shall reconcile the
Account on a monthly basis. The Secretary/Treasurer shall prepare, or cause to be
prepared, an annual fiscal year report which shall include the yearly budget, the
amount, date, and source of all receipts, the amount, date, recipient, and purpose of
all disbursements, the Account balance at the beginning of the fiscal year, the Account
balance at the end of the fiscal year, and an inventory of all equipment and material
owned by the Team. A copy of the annual report shall be distributed to each Party
within thirty days of the end of the fiscal year. The Secretary/Treasurer shall furnish
such other reports and data as may from time to time be requested by the Board. All
financial records shall be available for inspection by an authorized representative of
each Party upon written request and by arrangement with the Secretary/Treasurer or
other members of the Board.
9. TEAM SUPPORT AND PARTICIPATION: Each of the Parties agree to support
the Team in the following areas:
A. TRAINING: The Parties shall provide persons to attend
various levels of training including the initial start-up of the
Team and continuing education requirements consistent
with Government Code section 8574.19 et seq. and other
applicable laws, regulations, and Team standards set forth
for operations. Each Parry shall host and support training
activities.
B. STAFFING: The Parties shall provide persons to participate
as members of the Team for response to calls or to
support the Team's response.
C. INSURANCE: Each of the Parties shall provide Worker's
Compensation for its fire persons while such persons are
involved with the Team. Government Code sections 50925
et seq. (Extraterritorial Activities of Firemen) and other
applicable Worker's Compensation, liability, and/or benefits
laws are incorporated into this Agreement by reference.
D. EQUIPMENT: Each Party shall support the Team with
resources whenever possible and with regard to other
Team Members be responsible for any damage or loss to
-4- 000042
such Party's resources which occurs while being used
pursuant to this Agreement.
E. MEDICAL EXAMINATIONS: Medical examinations for each
Parry's Team members shall be provided by that Public
Agency. The Parties will work cooperatively to secure the
most cost-effective approach to medical examinations.
F. COMPENSATION: The Parties agree that no compensation
for support and membership on the Team is required;
however, reimbursement for all Team services is a high
priority, e.g. reimbursement from persons or entities
responsible for hazardous materials spills. The Team will
actively pursue grants and donations to reduce financial
dependence on the participating Public Agencies.
10. NON-PARTICIPATION: Any Public Agency named in the first "WHEREAS"
clause of this Agreement that chooses not to sign the Agreement can avail itself of the
Team's services; however, that Public Agency must pay all costs of such Team
services as "Assistance for Hire" at the rates determined by the Board.
11. COUNTERPARTS: This Agreement may be signed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and
the same Agreement.
12. EXECUTION: Each Public Agency that signs this Agreementshall promptly
notify the County of San Luis Obispo Office of Emergency Services and shall
simultaneously forward to such office an executed copy of its Counterpart Signature
Page of this Agreement by hand-delivery to such office. Because final execution of
this Agreement is a condition of grant funding of equipment for the Team's use, every
Public Agency desiring to participate in this Agreement must submit its executed copy
of its Counterpart Signature Page to the County of San Luis Obispo Office of
Emergency Services by December 31, 1993.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be,
executed by their respective authorized officers. This Agreement is deemed to be
signed and executed as of the last date a Public Agency executed this Agreement
which is the day of 1993.
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By.
chief Coputy County Counsel
Dated: tQC�3
000043
-5-
COUNTERPART SIGNATURE PAGE
SAN LUIS OBISPO COUNTY
REGIONAL HAZARDOUS MATERIALS
COOPERATIVE AGREEMENT
CITY OF ATASCADERO
By:
Mayor, City of Atascadero
Date:
ATTEST:
By:
City Clerk
-�- 000044
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-9
Through: Andy Takata, City Manager Meeting Date: 09/28/93
File Number: TPM 27-90
From: Henry Engen, Community Development Director 446
SUBJECT:
Acceptance of Final Parcel Map #27-90 to divide a 21. 66 acre parcel
into four (4) parcels for single-family residential use, and a
"remainder" parcel of approximately 17 .3 acres, to be offered for
dedication to the City of Atascadero for parkland/open space use at
Cortez Avenue extension (Noakes/Davis) (RRM Design Group) .
RECOMMENDATION:
Acceptance of Final Parcel Map #27-90.
BACKGROUND:
On February 12, 1991, the City Council conducted a public hearing
on the above-referenced map. Council concurred with the Planning
Commission' s recommendation to approve TPM #27-90 subject to the
Findings and the Revised Conditions of Approval. All conditions
have been completed by the applicant.
HE:ph
cc: David and Brenda Noakes
Byron and Julie Davis
RRM Design Group
Attachment: Location Map
000045
4�7
CITY OF ATASCADERO
EXHIBIT A
CONMUNITY DEVELOPMENT
LOCATION MAP
DEPARTMENT TPM #27-90
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REPORT TO CITY COUNCIL I ly not included.
CITY OF ATASCADERO Agenda Item: C-1
Through: Andy Takata, City Manager Meeting date: 9/29/93
From: Henry Engen, Community Development Director L-yi_r
SUBJECT:
Highway 101/41 Interchange Project Study Report on proposed
improvements.
RECOMMENDATION:
Accept the _Project Study Report and submit a request to the San
Luis Obispo Council of Governments to include this project in the
State Transportation Improvement Program (STIP) .
BACKGROUND:
At the Council's November 24, 1992 meeting, Council authorized
expending $25,000 towards the cost of preparing a Project Study
Report for this interchange. It was noted that before a project
can seek State funding assistance, that it needed to be included in
the STIP Program as recommended by the San Luis Obispo Council of
Governments (SLOCOG) . Since Caltrans was out of resources for
undertaking PSRs, this project was funded $25,000 by SLOCOG, with
the remaining $25,000 from the City. Following interviews, the
firm of DKS Associates was selected to undertake this important
work. They are the same firm who developed the City' s recently
adopted Circulation Element. The work was undertaken by the
Consultants, meeting with a project development team comprised of
SLOCOG and City staff together with Caltrans representatives. It
is important that the plan be acceptable to Caltrans in that
compliance with their standards and criteria is required in order
to be able to qualify for funding.
CIRCULATION ELEMENT REFERENCE:
The Circulation Element has as Program No. 8. 1 the following
language:
"Coordinate with SLOCOG and Caltrans to prepare a Project
Study Report to study alternative improvement plans for the US
101/Route 41 (Morro Road) freeway interchange to meet long-
range traffic needs for local and regional traffic.
000011'
Even with traffic signal and striping improvements included in
the proposed Route 41 improvement project, the need for
capacity and operational improvements at this interchange is
projected based on the 2010 forecasts of traffic growth. A
PSR was initiated in Spring 1993 to determine the level and
nature of possible interchange improvements as a first step
toward seeking improvements. "
The Project Study Report evaluated existing traffic conditions at
the intersection and those projected by the year 2015 and con-
sidered the four (4) alternatives (see attached sketch) as follows:
(a) No Project Alternative. Self-explanatory. This would require
neither expenditures nor property acquisition. Level of
service F - which currently exists on the northbound off-ramp
at E1 Camino -Real and the southbound off-ramp at Route 41 -
would remain and the afternoon level of service at Santa Ynez
and Hwy 41 would go from LOS E to F.
(b) Minimum Project Alternative (MPA) . Consists of the instal-
lation of a traffic signal at 41/101 southbound ramps/ Santa
Ynez Avenue/Marchant Avenue intersection. In addition, a
traffic signal would be installed at 101 northbound off-ramp
at the El Camino Real intersection. An additional right-turn
lane would be provided on the Route 101 southbound off-ramp to
101, and Route 41 would be restriped from three (3) lanes to
four (4) between Route 101 ' s southbound ramps and its ' north-
bound on-ramp. The signalization at El Camino Real and Morro
Road would be modified to allow east/west overlapping left-
turn movements. In addition, a new shared through right-turn
lane on the west leg of the above intersection and restriping
the southern leg to allow two (2) northbound left-turn lanes
would be done. The Minimum Project Alternative assumes that
the Route 41 realignment east of E1 Camino Real will occur.
(c) proposed Improvements. This alternative consists of four (4)
components which can each be built separately and provides for
a modular stageable approach building on the MPA' s proposed
improvements (except that Santa Ynez Avenue would no longer
connect to Highway 41) . This phase would consist of the
following:
Removal of Santa Ynez Avenue between 41 and Navajoa Road;
Realignment of Route 101 southbound off-ramp to align
across from Marchant Avenue and widening of the off-ramp
to provide an exclusive right-turn lane;
Installation of a traffic signal at the Route 41/Route
101 southbound off-ramp at the Marchant Avenue inter-
section; and
Restriping Route 41 from three lanes to four lanes
between Route 101 ' s southbound off-ramp and Route 101 ' s
overcrossing.
000048
With respect to the southbound on-ramp improvements, this
phase would consist of the following:
Realignment of the existing 101 southbound on-ramp from
its ' terminal at Route 41 to a terminal location on
Marchant Avenue opposite Tecorida Avenue;
Stop sign traffic control for eastbound Tecorida Avenue
approach and the northbound Marchant Avenue approach;
Restriping Marchant Avenue to allow for appropriate
turning lanes and shoulders; and
Installation of a retaining wall between Marchant Avenue
and the proposed southbound on-ramp.
Northbound on-ramp improvements. This phase would consist of
the following:
Relocation of the Route 101 northbound on-ramp to be ad-
jacent to the northbound off-ramp on E1 Camino Real in
front of the Williams Brothers Center;
Modification of .the traffic signal at the Route 41/101
intersection to allow east/west overlapping left-turn
movements;
Addition of a new shared through right-turn lane on the
west leg of the above intersection and restriping the
southern leg to allow two (2) northbound left-turn lanes;
Restriping of Route 41 from three (3) lanes to four (4)
lanes between Route 101 ' s overcrossing and E1 Camino
Real; and
Installation of a retaining wall on the east side of the
proposed on-ramp to limit impacts on private property..
Northbound off-ramp improvements would consist of the follow-
ing:
Realign 101 northbound off-ramp to lengthen the ramp for
deceleration needs;
Install a traffic signal at 101 northbound off-ramp E1
Camino Real; and
Install a retaining wall on the east side of the proposed
off-ramp to alleviate private property impacts.
(d) Ultimate Improvement Alternative. In addition to the im-
provements under the Proposed Improvements Alternative, this
would also improve the cross-section of Route 41 by replacing
the existing 69 foot long Route 101 bridge span with spans
measuring at least 100 feet in length, with center columns.
000049
Detailed aerial photographic maps of the proposed alternatives are
contained in the Project Study Report and the attached sketch
schematically shows the individual improvements noted above.
HE:ph
encl: Interchange Improvements Schematic
S/C: Proiect Study Rept - on Routes 41 and 101 at the
Route 41/Route 101 Interchange, DKS Associates 1993
cc: Mike Kennedy, DKS Associates
Jill McPeek, SLOCOG Transportation Engineer
Jerry Gibbs, Caltrans Project Manager
000050
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000051
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item No: C-Z
Through: Andy Takata, City Manager Meeting Date: 9/28/93
From: Henry Engen Wf-_ File No: GPA 92-009
Community Development Director
SUBJECT:
Proposed Fiscal Element of the City' s General Plan.
RECOMMENDATION:
Adoption of the attached Resolution No. 115-93.
BACKGROUND:
In December 1990, Crawford Multari & Starr transmitted to the
City their Long Range Fiscal Analysis report which evaluated the
City' s fiscal situation and made numerous recommendations,
including proposed General Plan policies and programs. This
report received widespread review, including Planning Commission,
Economic Roundtable, and City Council.
Staff has taken the recommendations of that report and formatted
it as a proposed Fiscal Element to the City' s General Plan. The
Element was heard by the City Planning Commission on August 3,
1993 and approved unanimously with one amendment to Policy A.2
adding the following language: "including industrial, commercial
and other nonresidential uses" to be candidates for future
possible plan adjustments. The vote of the Planning Commission
was 6: 0.
HE:ph _
encls: Planning Commission Staff Report - August 3, 1993
Resolution No. 115-93
Planning Commission Minutes Excerpts - August 3, 1993
000052
CITY OF ATASCADERO Item: B . 1
STAFF REPORT
FOR: Planning Commission Meeting Date: 8-3-93
BY:I1"- Steven L. Decamp, City Planner File No: GPA 92-009
SUBJECT:
Adoption of a Fiscal Element of the City' s General Plan.
RECOMMENDATION
The Planning Commission should recommend that the City Council
adopt the attached draft resolution adding a Fiscal Element to
the City' s General Plan.
SITUATION AND FACTS:
1 . Applicant . . . . . . . . . . . . . . . . . . . .City of Atascadero
8 . Environmental Status . . . . . . . . .Negative Declaration posted
July 2, 1993
BACKGROUND:
The State' s planning and zoning laws require that each city and
county prepare and adopt a General Plan. Government Code Section
65302 mandate that each General Plan contain the following seven
(7) elements :
1 . Land Use
2 . Circulation
3 . Housing
4 . Conservation
5 . -Open-space
6 . Noise
7 . Safety _
In addition to the seven mandated elements noted above, a city or
county " . . .may include any other elements or address any other
subjects which, in the judgment of the legislative body, relate
to the physical development of the county or city" (GC Section
65303) .
ANALYSIS•
Recognizing the importance of sound fiscal policy and economic
planning to orderly growth and development, this City has
undertaken several economic and fiscal planning studies . The
first of these studies was the two volume Economic Base Analysis
000053
STAFF REPORT GPA 92-009
Fiscal Element
August 3, 1993
Page 2
and Downtown Revitalization Study completed by Economic Research
Associates in 1988 . The second was the City of Atascadero Lona
Range Fiscal Analysis prepared by Crawford, Multari and Starr in
1990 .
In 1991, the Commission directed staff to format the policies and
programs contained in the Long Range Fiscal Analysis for adoption
as a General Plan Fiscal Element . That work has now been
completed and is attached to this report for your review and
recommendation.
CONCLUSIONS:
The Fiscal Element will provide guidance to the City Council and
other decision makers on matters relating to the fiscal health of
the City. The policies and programs contained in the Fiscal
Element should be made part of the General Plan to ensure that
the fiscal implications of each land use decision made by the
City are given due consideration.
ATTACHMENTS : Attachment A - Negative Declaration
Attachment B - Draft Resolution
000054
ATTACHMENT A
CITY OF ATASCADERO
c-1
ENVIRONMENTAL COORDINATOR
two 10
js NEGATIVE DECLARATION
COMMU=DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO. CA 93422 (805) 461-5035
APPLICANT: City of Atascadero
6500 Palma Ave.
Atascadero, CA 93422
(805) 461-5035
PROJECT TITLE: General Plan Fiscal Element
PROJECT LOCATION: City of Atascadero
PROJECT DESCRIPTION: Adoption of a Fiscal Element of the
City' s General Plan
FINDINGS:
1. The project does not have the potential to degrade the environment
2 The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited.but comulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
DETERNMATION:
Based on the above 13ndtngs. and the informatiou contained in:he initial study(made a part hereof by refer-
ence and on Me in the Community Development Deparanent).M has been determined that the above project
will not have as adverse impact on the environment -
Henry Engen V—
Community Development Director
Date Posted: July 2, 1993
Date Adopted:
i
CDD 11.0
000055.
RESOLUTION NO. 115-93
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE CITY'S GENERAL PLAN
BY THE ADOPTION OF A FISCAL ELEMENT
(GPA 92-009; City of Atascadero)
WHEREAS, the City of Atascadero has grown considerably since
incorporation; and
WHEREAS, the City' s General Plan, which was prepared and
adopted in 1992 to guide the City' s general growth is in need of
amendment; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the subject amendment on August 3,
1993; and
WHEREAS, Government Code Section 65356 provides that a
General Plan be amended by the adoption of a resolution; and
WHEREAS, the Council of the City of Atascadero finds as
follows :
1 . The proposed General Plan amendment recommended by the
Planning Commission is consistent with the goals and
policies of the General Plan.
2 . The proposed General Plan amendment will not have a
significant adverse affect on the environment . The
Negative Declaration prepared for the project is.
adequate. -
THEREFORE, the Council of the City of Atascadero does _
resolve to approve General Plan Amendment GPA 92-009 by the
addition of a Fiscal Element as shown in the attached Exhibit A.
000056
Resolution x#115-93
On motion by and seconded by
the foregoing resolution is hereby
adopted in its entirety by the following roll call vote:
AYES :
NOES :
ABSENT:
DATE ADOPTED:
CITY OF ATASCADERO, CA
ROBERT P . NIMMO, Mayor
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ART MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director -
00005'7
TABLE OF CONTENTS PAGE
vii=. FISCAL ELEMENT
A. LAND USE VIII-1
B. FISCAL PLANNING VIII-2
C. NEW DEVELOPMENT VIII-3
D. REVENUE ENHANCEMENT VIII-3
E. BUDGET PRACTICES VIII-5
000059
VIII. FISCAL ELEMENT
A basic community goal contained in the Land Use Element is that
Atascadero should "provide for a sound economic base to sustain the
City's unique life style". In pursuit of this goal, the City re-
tained Economic Research Associates, in 1988, to prepare their two
volume Economic Base Analysis and Downtown Revitalization Study.
The emphasis in this study was on the private sector of the economy
and proposed policies to capture market share. Analysis and
recommendations pertaining to the City's operations were contained
in the award-winning City of Atascadero Long Range Fiscal Analysis,
prepared by Crawford, Multari & Starr in December 1990.
This Fiscal Element of the General Plan includes policies and pro-
grams that are consistent with and are intended to reinforce and
build upon those included in the Land Use Element, in the Economic
Base Analysis and that were proposed as part of the Long Range
Fiscal Analysis report.
A. LAND USE
Policy A-1: The City will consider fiscal implications,
through a cost/benefit analysis, of revisions to the General
Plan, including but not limited to changes to the Land Use
Element text and map.
Rationale: The City Council must consider numerous factors
when making decisions about General Plan revisions. These
include community preferences, environmental impacts and other
quality of life issues. This policy simply states that among
these factors, the economic costs and benefits of land use or
policy choices will be estimated and included in the decision-
making process.
Policy A-2: The City shall consider adjustments to the amount
and mix of land designated for single family and multi-family
residential uses (and for non-residential uses) to accommodate
market preferences as planned capacity becomes limited in the
future.
Rationale: Long range land use projections suggest that the
General Plan capacity for multi-family may be high, consider-
ing past trends, and that its capacity for single family
residential may be built-out in about 10 years. From a fiscal
standpoint, single family units produce more revenue than
multi family ones. Aside from capital costs, operating
expenses are comparable. Therefore, converting some of what
may be excess multi-family capacity to accommodate single
family residences may be appropriate in the future.
VIII-1
000060
Policy A-3: The City shall allow a variety of housing types
in multi-family districts. Specifically, the City will allow
(subject to discretionary review and after considering other
factors such as environmental impacts, neighborhood com-
patibility, affordability and project design) planned
development and/or condominium projects which allow detached
units on individual lots or as airspace condominiums in multi-
family districts.
Rationale: In general, detached units generate more revenue
to the City than attached units because of their higher market
value and more frequent resale. If adequate development fees
are charged for needed infrastructure, most service costs
appear to be comparable. Therefore, if the private sector is
willing to build such units, the City's planning and zoning
regulations should at least allow them to be considered. Of
course, other important factors should be considered in the
decisions about approving such projects.
Program A-1: The City will develop a geographic information
system to track the build out status and remaining capacity of
different types of land uses. This system should help the
City make adjustments to the future land use mix to best meet
the community's needs.
Program A-2: The City will continue to use its PD ordinance
and related regulations to allow projects which propose
detached units in multi-family districts to be considered.
Program A-3: The City will examine its land use districts and
may establish special categories for properties which are
especially appropriate for future retail uses which will help
capture present leakage and/or attract shoppers from the
region. The special categories may limit the allowed types of
uses to those that will best enhance the City's tax base;
specific design standards may also be required which will help
ensure that the project enhances its retail potential_ while
being sensitive to Atascadero's character and to downtown.
Opportunities may include commercially zoned land on North El
Camino and vacant land near Highway 101 and Santa Barbara -
Road.
B. FISCAL PLANNING
Policy B-1: The City shall continue to take a long range view
of its fiscal condition, and specifically the possibility of
enhancing revenues, in order to maintain and, where possible
and desirable, enhance current levels of service.
VIII-2 .
000061
Rationale: This policy simply articulates the current
philosophy that good long range planning will include an
understanding of the City's financial condition.
Program B-1: The City will prepare a long range economic plan
(often -called a "strategic plan") to develop a strategy for
future fiscal health so that projected levels of service can
be maintained and enhanced. This strategic plan may be
incorporated into the General Plan as an "Economic Element".
This approach ensures consistency with the various goals and
policies in the General Plan and builds upon the information
and recommendations in this report and the Economic Base
Analysis.
Program B-2: The City will annually adjust its long range
revenue and expenditure projections to track changes in the
City's situation, so that both problems and opportunities can
be anticipated and planned for.
C. NEW DEVELOPMENT
Policy C-1: New development should pay its share of the costs
of providing all capital facilities needed to support it; pay-
ment may be in the form of actual construction of facilities
where appropriate as conditions of approval and/or by the
payment of fees, among other possibilities.
Rationale: New facilities are needed in the community and new
development must contribute to the construction of such facil-
ities.
Program C-1: The City will revise and annually update its
developer fees.
Program C-2: The City will continue to utilize and refine its
fiscal impact model to estimate the specific financial;impacts
of changes in land use and new development projects; this
model should help to evaluate impacts of individual projects
and recommended appropriate mitigation measures.
D. REVENUE ENHANCEMENT
Policy D-1: The City shall continue to seek ways to create a
diverse and growing financial base to generate sufficient
revenue to maintain current service levels; emphasis will be
given to non-tax sources.
• VIIi-3
000062
Rationale: The Long Range Fiscal Analysis suggests that if
the City wishes to maintain current levels of service,
revenues will need to be increased faster than projected
considering General Plan build-out rates. Therefore, new
revenue sources must be examined. Emphasis should be given to
non-tax sources to avoid complications with the appropriations
limit and state budget constraints.
Policy D-2: The City shall review and, if necessary, in-
crease sewer and any other enterprise fund fees at least
biannually to keep pace with inflation and real operating
costs. The City shall not postpone needed increases. Any fee
schedule shall consider, however, other important factors such
as affordability to all segments of the population.
Rationale: it is sometimes difficult, in a political frame-
work, to raise fees to keep pace with real costs, particularly
inflation. This would articulate again City policy to not
postpone increases and would require review of fees.
See Programs A-1 through A-3.
Program D-1: As appropriate, the City will develop more
detailed plans for road/bridge systems, and, possibly, drain-
age sub-basins; these plans should recommend which specific
projects may be appropriate for funding through assessment
districts. The City will then begin the formation of assess-
ment districts to fund the costs of such capital projects.
Program D-2: The City will prepare a cost recovery analysis
which will assess real costs of providing various services and
the possibility of charging for said services. The Council
will establish cost recovery categories and priorities ranging
from maximum recovery (eg: 80 - 100% recovery) to minimum
recovery (eg: less than 20% recovery) . Services will be
placed into each of the categories and appropriate fees
charged accordingly. The Council will establish goals and/or
priorities both city-wide and for individual funds for cost
recovery.
Program D-3: The City will work with the League of Cities
toward amendments to the spending appropriations limits to
provide greater flexibility in the use of future tax monies.
Program D-4: If the appropriations limit is exceeded, the
City will request approval from the voters of an extension of
the limit. Specific projects and/or services will be tied to
the use of funds authorized by the voters.
VIII-4
000063
Program D-5: The City will consider the creation of a
redevelopment district in the vicinity of downtown and/or
Traffic Way. Tax increments generated in such a district
would be used to fund improvements to City Hall and to streets
and drainage infrastructure, and to enhance commercial
properties, among other uses.
Program D-6: The City will continue to 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.
Program D-7: The City will support efforts to increase the
sales tax County-wide, to be used by the City in a manner
appropriate under law.
Program D-8: The City will support League of Cities efforts
to amend the existing voter limitation regarding General
Obligation bonds, to allow them to be approved by less than a
two-thirds majority. If the laws are so changed, the City
will develop a list of needed projects to be financed this way
and submit it to the electorate for approval.
Program D-9: The City will study opportunities for leasing
City property for appropriate and compatible private
enterprises.
Program D-10: The City will study opportunities to sell
excess City-owned property not needed for public purposes.
Program D-11: The City will require full administrative
support cost recovery in enterprise funds and payment to the
General Fund for such costs.
S. BUDGET PRACTICES -
Policy E-1: The City will articulate its -principles and
policies regarding sound financial planning and budgeting.
These policies shall be adopted by resolution and may be
incorporated into the General Plan. These shall include
guidelines for investments, reserves and use of debt.
Rationale: This policy requires the City's financial policies
to be articulated and integrated with other City planning and
policy documents.
Policy E-2: New capital projects should primarily be funded
from revenues outside the general fund; such finances shall
VIII-5
000064
include but not be limited to user fees and service charges,
assessment districts, voter-approved special taxes, and
through developer fees and conditions of approval where the
facilities are tied to specific users/developments.
Rationale: This policy suggests that general fund monies
should primarily be used for operating expenses and that
capital programs come from special funds tied explicitly to
the facilities.
Policy E-3: The City will give priority to using debt
financing under the following conditions:
a. The project is a one time capital facility.
b. The facility (through user fees, service charges or
benefit assessments) will generate reliable and
sufficient revenue to substantially pay for the
costs of the financing, or if special taxes are
approved by the voters.
C. The proposal will not significantly affect the
City's credit rating.
d. The useful life of the facility exceeds the term of
the financing.
Rationale: This policy simply states basic guidelines for the
use of debt financing that helps ensure that this kind of
funding is not used inappropriately.
Policy E-4: The City will retain fund balances in the form of
"bottom line" contingencies adequate to protect the City from
future emergencies Short-term funding sources, such as
grants, shall not be used to pay for new ongoing expenses.
Rationale: Clearly, some prudent level for fund balances
should be adopted for emergencies and other contingencies;
care should be taken not to create new -long term programs
based on unreliable funding sources.
Policy E-5: The City will strive for greater operational
efficiency; all new positions and any proposed expansion of
the scope of services will be evaluated by an adopted pro-
cedure which helps ensure that new costs are considered and
that reasonable alternatives to provide the services more
cost-effectively are considered.
Rationale: Besides finding new funding sources, cost con-
trols can be exercised. Of particular importance is restraint
VIII-6
000065
in expanding into new service areas without clear funding
ability. Also, greater productivity of existing resources may
be possible. of particular importance are better technology,
tools, tools and training for employees.
Policy E-6: The City will continue to maintain an annually
updated Capital Improvements Program (CIP) which forecasts
needs at least five years into the future. Said CIP should
include:
. a list of projects,
. timing,
. cost estimates,
. project manager/or responsible department,
. funding sources, and
. possible revenues
The City shall also clarify guidelines for setting priorities
among projects and for new property acquisitions.
Rationale: A framework for a good CUP is included in the Long
Range Fiscal Analysis. Regular updates will allow adjustment
to meet changing needs. It will also allow for effective
planning. Also, some way of setting priorities among pro-
jects should be established, especially as funds become
limited.
Program E-1: The City will establish a procedure and stan-
dards to evaluate new programs; said procedure and standards
will explicitly state real costs and benefits of the program
and an evaluation of alternatives.
Program E-2: The City will establish procedures for
evaluating requests for new positions: These shall include an
evaluation of the following:
. the necessity of the position,
. its term and expected results of- the activity served by
the new staff,
. full cost estimates including support and equipment, -
. an analysis of the ability of the private sector to
provide the service, and
. estimate of offsetting revenues or savings.
Program E-3: The City will establish a program for increasing
efficiency. Said program may include the following:
. analysis of systems and procedures to remove unneces-
sary steps and redundancies;
VIII-7
000066
. provision of new technology and tools to improve
productivity;
. provide adequate and ongoing training to staff;
. reward exceptional performance;
• assess ability of the private sector to provide service
at lower costs (eg: construction, maintenance, pro-
fessional and special studies, peak work load needs) .
This last element must include guidelines regarding the
reliability of the private sector to perform the service and
accountability for the results.
VIII-8 .
00006'7
PLANNING COMMISSION
MINUTES EXCERPTS
CITY OF ATASCADERO
PLANNING COMMISSION
8/3/93
ACTION MINUTES
SUBJECT: B.1. GENERAL PLAN AMENDMENT 92-009:
Adoption of a Fiscal Element of the City's General Plan.
STAFF RECOMMENDATION: (DeCamp)
The Planning Commission should recommend that the City Council adopt the
attached draft resolution adding a Fiscal Element to the City's General Plan.
TESTIMONY:
Steve DeCamp noted the receipt of a letter from David Watson of Planning
Consultants, dated 8/3/93 (Exh. A, attached), indicating support for, expressing
suggestions and recommendations regarding the proposed Fiscal 'Element.
Rush Kolemaine, Box 1990, conveyed his "Review & Comments" to the proposed
Fiscal Element, dated 7/28/93 (Exh. B, attached).
Joan O'Keefe, 9985 Old Morro Rd., noted that a check list did not accompany the
Negative Declaration on this item. Steve DeCamp offered to make a copy available
to, her, indicating the check list is not routinely posted with Negative Declarations.
ACTION(s):
(1) That the following language be added to Policy A-2:
"In addition to consideration of the single-family/multi-family mix, the
City shall consider adding to the industrial-zoned land inventory by
rezoning or annexation. The rationale for this statement is the fiscal
implications stemming from additional industrial capacity will be more
beneficial to the City's fiscal position in the long run than addition to
either the single-family or multi-family inventories. "
Motion: Hanauer
Second: Berger
AYES: Carden, Hanauer, Berger
NOES: Edwards, Lochridge, Johnson
ABSENT: None
(Page 3 of 5)
000068
ACTION MINUTES - PLANNING COMMISSION, 8/3/93
Item B-1, GPA 92-009 (Cont'd):
(2) That Policy A-2 be amended to read:
"The City shall consider adjustments to the amount and mix of land
designated for single-family and multi-family residential uses, including
industrial, commercial and other non-residential uses to accommodate
market preferences as planned capacity becomes limited in the
future." (eliminating parenthesis from proposed language)
Motion: Edwards
Second: Hanauer
AYES: Edwards, Lochridge, Carden, Hanauer, Berger, Johnson
NOES: None
ABSENT: None
(3) The Planning Commission should recommend that the City Council
adopt the attached draft resolution adding a Fiscal Element, as
amended, to the City's General Plan.
Motion: Carden
Second: Edwards
AYES: Edwards, Lochridge, Carden, Hanauer, Berger, Johnson
NOES: None
ABSENT: None
(Page 4 of 5)
000069
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item No : C-3
Through: Andy Takata, City Manager Meeting Date: 9-28-93
File No: GPA 92-005
Via: Henry Engen, Community Development Director JAS
From:01Steven L. DeCamp, City Planner
SUBJECT:
Clarification of the building setback requirements contained in
the Downtown Element of the City' s adopted General Plan.
RECOMMENDATION:
Approve Resolution No. 114-93 as recommended by the Planning
Commission.
BACKGROUND:
In December of 1992, the City Council initiated an amendment to
the Downtown Element of the General Plan in order to clarify
apparent inconsistencies between the setback standards contained
in that element and those codified in the Zoning Ordinance .
ANALYSIS:
After public hearings, the Planning Commission has recommended
that Diagram 15 of the Downtown Master Plan be amended by the
addition of a note indicating that the setback standards shown
for street frontages outside the Downtown are advisory only.
A number of Commissioners have also recommended that the setback
standards codified in the Zoning Ordinance be modified to reflect
adjacent building setbacks within the Downtown. Discussion of _
this matter has been referred to the ongoing Zoning Ordinance
revision program.
ATTACHMENTS : 1 . September 7, 1993 Staff Memorandum
2 . August 17, 1993 Staff Report
3 . September 7, 1993 Planning Commission Minutes
4 . August 17, 1993 Planning Commission Minutes
5 . Resolution No. 114-93
0000'70
ITEM : B . l
M E M O R A N D U M
TO: Planning Commission
FROM: pip Steven L. DeCamp, City Planner
DATE: ktv September 7, 1993
RE: Downtown Element Building Setback Requirements -
GPA 92-005
At your meeting of August 17, 1993, the Commission held a public
hearing regarding the building setback requirements contained
within the Downtown Element of the General Plan. After
reviewing the attached staff report (Attachment A) and discussing
various ways of dealing with the issue, the Commission directed
staff to return with a draft resolution amending Diagram 15 of
the Downtown Element . The exhibit to the attached draft
resolution (Attachment B) contains a note that is recommended for
addition to the diagram clarifying that the setback standards
shown for street frontages outside the Downtown are advisory
only .
Artacnments : Attachment A - August 17, 1973 Staff Report
Attachment B - Draft Resolution
CITY OF ATASCADERO Item:
• STAFF REPORT
FOR: Planning Commission Meeting Date : 8-17-93
BY : Steven L. DeCamp, City Planner File No : GPA 92-005
SUBJECT:
Clarification of the building setback requirements contained in
the Downtown Element of the City' s adopted General Plan.
RECOMMENDATION:
The Planning Commission should recommend that the City Council
make no change in the Downtown Element regarding building setback
guidelines .
SITUATION AND FACTS:
1 . Applicant . . . . . . . . . . . . . . . . . . . .City of Atascadero
2 . Environmental Status . . . . . . . . .Categorically Exempt
(Class 5)
BACKGROUND:
During the City Council' s appeal hearing on the "Blockbuster
Video" project and Precise Plan, questions were raised regarding
the applicability of the Downtown Element' s building setback
standards in an area outside, but adjacent to, the "Downtown"
study area . The Downtown Element recommends a minimum twenty
=cot (201 ) landscaped setback for the affected property while the
coning Ordinance contains a zero (01 ) setback for the same area.
Council directed that staff critique the apparent inconsistencies
be":�ween the Downtown Element and the setback requirements of the
_ Hing Ordinance and recommend appropriate revisions, if any,
-' ng t:-_e following General Plan amendment cycle .
ANALYSIS :
� a�ter Six of the Downtown Element of the General Plan is the
" r'-an Design Plan" for the downtown area. This chapter includes
scuss`ns of the design of the El Camino Real corridor, Sunken
.3ardens -iprovemen--s, street lights, pedestrian improvements,
__—scadero Creek --improvements, setbacks, and design guidelines .
se= -- = on h,.:i-_ding setbacks reads as follows :
"A o,�ntinuous 'ine of retail businesses will be required on E1
Camino Real and Traffic Play to define the street corridor and
.) II
0000 72
STAFF REPORT August 17, 1993
RE: GPA 92-005
DOWNTOWN SETBACKS
Page 2
add color and vitality to the street environment. Curb cuts and
parking areas fronting on these streets will be limited.
Merchants and property owners will be encouraged to make special
efforts to develop storefronts, awnings and signs to add
interest to the street frontage.
"While Entrada Avenue should strive to develop the same strong
street edge with building continuity required on Traffic Way and
E1 Camino Real, the current variety of setbacks make rigid
enforcement of a setback requirement inappropriate. Therefore,
while no open lots or parking areas will be allowed fronting on
Entrada Avenue and curb cuts will be prohibited, buildings may
be setback from the sidewalk with landscaping between the
sidewalk and building.
"In contrast to Traffic Way, which will be developed with
businesses located on the street property line, buildings on
East and West Malls should be setback with landscaped front
lawns to complement the Sunken Gardens area. This setback will
be required of all public and private properties fronting on
those streets. The landscaping and maintenance of these
setbacks will be the responsibility of the adjacent development.
These setback requirements are summarized on Diagram 15. "
in addition to the specific street frontages discussed in the
text of the Downtown Element, the map on Diagram 15 (see Exhibit
B) of that Element includes setback recommendations for street
frontages adjacent to the "Downtown" area. A comparison of
Diagram 15 with the boundaries of the Downtown area (see Exhibit
A) reveal that setback recommendations are made for portions of
the street frontages of Traffic Way, West Mall, and the proposed
Highway 41 alignment which are outside the boundaries of t-, e
Downtown plan area . While the setback standards for the street
frontages located within the Downtown area should be seen .as
"snall" statements, the setbacks recommended for street frontages
lccated cutside the Downtown should be interpreted as "should"
st 7-em.ents .
Although she Downtown Element' s building setback recommendations
for areas adjacent to, but outside of, the Downtown are not
c.—dified in the Zoning Ordinance, they can serve as a valuable
and in tine design review process for discretionary projects . If,
based on :he recommendations of the Downtown Element, a project
can be designed, or revised, to provide for building setbacks
cons` ste::-:� with those on the opposite side of the street, an
enhanced sense of continuity can be achieved.
•
0000'7;3
STAFF REPORT August 17, 1993
Is
RE: GPA 92-005
DOWNTOWN SETBACKS
Page 3
CONCLUSIONS:
The General Plan' s Downtown Element should not be amended to
eliminate building setback recommendations for street frontages
outside the "Downtown" area . Although setbacks along these
frontages are not as critical as are the setbacks discussed in
the text of the Element, they can, where achievable, provide
continuity and a smooth transition between the Downtown and
adjacent commercial development . Maintaining these setback
recommendations in the Downtown Element will encourage such
continuity .
ATTACHMENTS : Exhibit A - "Downtown" Boundary Map
Exhibit B - Downtown Element Diagram 15 (Setbacks)
0001'7,_}
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CITY OF ATASCADERO EXHIBIT B
1,01 COMMUNITY DEVELOPMENT GPA92-005
on
DEPARTMENT Downtown Building Setbaci..,
SESSION
r
Diagram 15
- --- `,��/r J�_ •. . � Setbacks
1 •';v� �,
������� ; 1 \ j i �� •, LEGEND
I
Minimum 20'Landscaped
Setback Required
EEw1 .`/EwUE
— — �!�1�` "I• ��>—� \
SEEMS Setback Conditions Variable
Depending on Use and Parcel
J�. �s ;•7 dd''�� Size
• << ra _ \ I ,' =� �� nnunn Setback Conditions Variable
i r \ (// but No Open Lots Allowed
No Setbacks or Open Lots
-���l �� 1 l c•• ■■i�: Z _ -- _-_ ,1 Allowed
goof** Creek Setback to be
' V1 Determined in Design Review
000076 -
PLANNING COMMISSION
MINUTES EXCERPTS
CITY OF ATASCADERO
PLANNING COMMISSION .
9/7/93
ACTION MINUTES
SUBJECT: B.1 . GENERAL PLAN AMENDMENT 92-005:
Clarification of the building setback requirements contained in the
Downtown Element of the City's adopted General Plan. (CONTINUED
FROM THE PLANNING COMMISSION MEETING OF AUGUST 17,
1993).
STAFF RECOMMENDATION: (DeCamp)
The Planning Commission should recommend that the City Council make no
change in the Downtown Element regarding building setback guidelines.
Pursuant to the Commission's direction at its 8/17 meeting, the exhibit to the draft
resolution (Attachment B to staff's report) contains a note that is recommended for
addition to Diagram 15 clarifying that the setback standards shown for street
frontages outside the Downtown are advisory only.
TESTIMONY:
Rush Kolemaine, Box 1990, testified in support of staff's recommendation.
ACTION: That GPA 92-005, clarification of the building setback requirements
contained in the Downtown Element of the City's adopted General
Plan be approved, as noted in the exhibit before the Commission.
Motion: Carden
Second: Berger
AYES: Wallace, Lochridge, Carden, Berger, Edwards, Johnson
NOES: None
ABSENT: None
ABSTAIN: Bonnema (due to not being present at the last meeting)
•
00007'7
PLANNING COMMISSION
MINUTES EXCERPTS
CITY OF ATASCADERO
. PLANNING COMMISSION
8/17/93
ACTION MINUTES
SUBJECT: B.1. GENERAL PLAN AMENDMENT 92-005:
Clarification of the building setback requirements contained in the
Downtown Element of the City's adopted General Plan.
STAFF RECOMMENDATION: (DeCamp)
The Planning Commission should recommend that the City Council make no
change in the Downtown Element regarding building setback guidelines.
TESTIMONY:
Rush Kolemaine, Box 1990, testified in support of staff's recommendations. He
asked how further confusion concerning across-the-street lot lines can be
prevented, in view of the conflicts regarding setbacks shown in the Downtown
Element and the Zoning Ordinance. It was clarified that the Zoning Ordinance
takes precedence outside the designated downtown area.
ACTION: By consensus, staff was directed to continue the hearing and bring
back a resolution to the next regular meeting proposing an amended
Diagram 15, adding language adjacent to an asterisk indicating that
setbacks shown for areas outside the downtown are discretionary and
recommendations only. Staff was further directed to develop recom-
mendations for setbacks along the realignment of Highway 41 to
update those under the existing program.
Motion: None
Second:
AYES:
NOES:
ABSENT: None
c=
000078
RESOLUTION NO. 114-93
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE DOWNTOWN ELEMENT
OF THE CITY' S GENERAL PLAN
(GPA 92-005; City of Atascadero)
WHEREAS, the City of Atascadero has grown considerably since
incorporation; and
WHEREAS, the Downtown Element of the City' s General Plan,
which was prepared and adopted in 1990 to guide the growth and
development of the City' s Downtown, is in need of amendment; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the subject amendment on August 17,
and September 7, 1993; and
WHEREAS, Government Code Section 65356 provides that a
General Plan be amended by the adoption of a resolution; and
WHEREAS, the Council of the City of Atascadero finds as
follows :
1 . The proposed General Plan amendment recommended by the
Planning Commission is consistent with the goals and
policies of the General Plan .
2 . The proposed General Plan amendment will not have a
affect on the environment . The project is
categorically exempt from the provisions of the
California Environmental Quality Act .
_HEREFORE, the Counc-1 of the City of Atascadero does
resolve r.o approve Genera- Plan Amendment GPA 92-005 by the
aM.end .en- of Diagram 15 of the Downtown Element as shown on the
�=ac^_ed Exhibi..JA.
•
000079
RESOLUTION NO. 114-93
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE DOWNTOWN ELEMENT
OF THE CITY' S GENERAL PLAN
(GPA 92-005; City of Atascadero)
WHEREAS, the City of Atascadero has grown considerably since
incorporation; and
WHEREAS, the Downtown Element of the City' s General Plan,
which was prepared and adopted in 1990 to guide the growth and
development of the City' s Downtown, is in need of amendment; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the subject amendment on August 17,
and September 7 , 1993; and
WHEREAS, Government Code Section 65356 provides that a
General Plan be amended by the adoption of a resolution; and
WHEREAS, the Council of the City of Atascadero finds as
�Cllcws :
1 . The proposed General Plan amendment recommended by the
Plann=ing Commission is consistent with the goals and
polices of the General Plan.
2 . The proposed General Plan amendment will not have a
affecz on the environment . The project is _
categorically exempt from the provisions of the -
California Environmental Quality Act .
1'HREFORE, the Council of the City of Atascadero does
=-es 've -o app~-ove General Plan Amendment GPA 92-005 by the
e :-:� of Diagram 15 of the Downtown Element as shown on the
000079
Resolution # 114-93
On motion by and seconded by
the foregoing resolution is hereby
adopted in its entirety by the following roll call vote :
AYES :
NOES :
ABSENT :
DATE ADOPTED :
CITY OF ATASCADERO, CA
ROBERT P . NIMMO, Mayor
ATTEST :
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ART MONTANDON, City Attorney
PREPARED BY :
HENRY ENGEN, Community Development Director
000080
RESOLUTION NO. 114-93 EXHIBIT A
Page 1 of 1
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REPORT TO CITY COUNCIL Agenda Item: D-1
CITY OF ATASCADERO
Through: Andy Takata, City Manager Meeting Date: 9/28/93
From: Mark Joseph, Administrative Services Director-
4
SUBJECT: Evaluation of Consultant Engineering Services.
RECOMMENDATION: For Council review and direction to Staff.
BACKGROUND:
In October, 1992, as a result of the State's budget
reductions,, the Public Works Department lost 2.5 positions. At
the same time, the Public Works Director announced his
resignation. Since this left the department with no engineering
staff, the decision was made to contract with North Coast
Engineering (NCE) to provide those services.
Now that there has been almost one year of experience,
Council has requested a staff review of this arrangement. The
Community Development Director's report is attached, which
outlines the various options, with the corresponding
advantages/disadvantages. The balance of this report is to
analyze actual costs and to compare costs for in-house versus
contract engineering services.
ANALYSIS
By way of introduction, the figures offered below represent
a variety of methods by which to compare in-house versus contract
engineering service costs. There really is no "one best way";
rather, it depends on the perspective taken.
The table below shows the average expenditures, less
revenues, per month for FY 91-92 and for the last six months of
FY 92-93, in which North Coast Engineering (NCE) has been used
for engineering services. (Actual costs for NCE is for the six-
month period of January 15, 1993 to July 15, 1993 and represents
General Fund expenditures only) .
Table One: Monthly Averages for Engineering Services.
Time Period Expenditures Revenues Net
FY 91-92 (In-house) 30,448 (85) 30,363
1/93-6/93 (NCE) 16,295 (2,706) 13,589
0
00008/./
As can be seen, in-house costs for FY 91-92 are more than
twice the contract rate. However, this large difference reflects
in part the fact that there were several one-time engineering
costs in FY 91-92, such as computerized mapping and inspection
costs for the Pavilion. In FY 92-93 costs such as these (e.g. ,
the 5 year CIP plan) were charged directly to capital projects.
Revenues for FY 92-93 are also up dramatically compared to
FY 91-92, reflecting the division's practice of charging for
actual costs incurred.
Based on the analysis above, much of the cost variances
between in-house and contract services can be attributed to the
manner in which costs are charged, more so than in any inherent
savings of one option over the other. For example, under the
consulting arrangement, capital projects have been charged
directly for services rendered; in the past, these costs were
absorbed within the General Fund. There is no reason why an in-
house arrangement could not also charge its time in the same
manner, if Council so directed.
In fact, if the three year average cost for the Engineering
Department is compared against the total North Coast Engineering
bill (including capital projects) for the last twelve months
ending July 15, 1993, then the in-house cost is only $321, 114,
versus $385,225 for NCE. The in-house cost does not include
overhead expenses, such as rent and utilities, that NCE' s rates
consider.
A second way to analyze costs is by simply comparing sim 1 com arin the
hourly rate of NCE to a City Engineer. Annual costs for a City
Engineer are assumed to be the same as the City Planner; combined
with a modest amount for operating expenses (i.e. , office
supplies) , the cost is estimated at $70,000 annually. The
current engineering rate for NCE is $60 per hour, although a
lesser rate is charged for technicians and clerical personnel.
Before comparing rates, a number of adjustments to total
hours must be made for the City Engineer. From the maximum of
2080 hours (40 hours x 52 weeks) , must come paid time off
(roughly 300 hours/year) and time at meetings, such as Solid -
Waste, SLOCOG and regular staff meetings (at least another 700
hours) . This leaves slightly less than 1100 hours available to
perform the same tasks as NCE, or just under $65 per hour.
0
000081-7-,
Table Two presents this comparison:
Table Two: Hourly Rates: City Engineer versus NCE
Total Hours: 2080
Less: Paid Leave 300
Less: Meetings 700
Net Available Hours: 1080
Total Costs: 70,000
Hourly Rate (70,000/1080 hours) $64.81
North Coast Engineering Rate $60.00
Difference (Advantage: Contract) $ 4.81
In addition, the in-house rate only includes direct out-of-
pocket expenses--it does not consider overhead costs, which are
reflected in NCE's rates. Adding even a 25 percent overhead rate
for the City, would increase this differential even more.
A third method of comparing expenses is that NCE' s net
general fund costs (after deducting for its voluntary "volume
discount" ) for six months was $46,394, or $92,788 per year. This
is over $20, 000 more than the $70,000 that a single position
would cost.
CONCLUSIONS•
• Before ending this assessment, a number of cautions must be
raised. One, in comparing options, it may be unfair to assume
that one City Engineer at $70, 000 could do what NCE can do for
$92,000. Likewise, even though there would be no additional out-
of-pocket overhead expenses to add an Engineer, it could be
misleading to compare one rate with overhead and one without.
Two, there will be a transition period if and when a switch
to an in-house approach is made; during that period costs will
increase to cover the overlap.
Three, there are one-time costs--not to mention risks--
associated with recruiting a new Engineer. - For example, the main
reason the two Civil Engineer positions have remained vacant is
because the City was unable to solicit a sufficient number of
candidates on two separate recruitments.
Four, hours for an outside firm can be increased or
decreased as workloads change. Permanent staff is far less
flexible. And finally, an outside firm can supply expertise in a
wide variety of areas, as the need arises and yet still maintain
their same hourly rate. In-house staff must of necessity be
generalists--expertise in a specialized area will come only at an
additional cost.
In conclusion, combined with the report from the Community
Development Director, it is hoped that Council has sufficient
information to address this issue and provide direction to staff.
UU008/,?
M E M O R A N D U M
TO: City Council Date: July 8, 1993
VIA: Andy Takata, City Manager
FROM: Henry Engen, Community Development Director
SUBJECT:
Evaluation of Consultant City Engineering Services.
BACKGROUND:
In January 1993, Council adopted Resolution No. 1-93 expanding on
consultant services to be performed by North Coast Engineering as
the City Engineer. At that time, it had been estimated by the
consultant, that said services ' obligation to the General Fund
would probably total approximately $66,400 for the period of
January 1 through June 30, 1993. Staff noted that we would require
ongoing cost monitoring reports to reflect costs of services by
source, for example, gas tax, private developers or the General
Fund. Pursuant to Council direction and terms of the contract,
this memorandum is intended to evaluate the effectiveness and cost
effectiveness of this service.
FISCAL IMPACT:
The attached Engineering Cost Monitoring Report provides a break-
down of year-to-date costs between January 16 and June 15, 1993.
This five-month period reflects 42% of the calendar year. As may
be noted, the year-to-date for engineering services, including
response to public inquiries, requests for information, and Council
directed engineering work attributable to the General Fund totaled
$24, 356 . 18 year-to-date. Direct charges to applicants, which are
paid for out of the General Fund but are reimbursable back, totaled
$22,018 . 87 for a grand total out of the General Fund of $46, 375.05.
Hence, given the pay backs that will be coming from applicants,
costs are well under those that were expected as of January.
Moreover, North Coast Engineering has been giving a credit, on
there own volition, of 5% of their overall volume of work, which is
deducted from General Fund expenditures to further reduce the
impact on the General Fund. They also attend City Council and
Planning Commission meetings without charging (unless they are
there on a specific project that is chargeable) .
000081-,5
The following reflect the costs of Public Works:Engineering be- .
tween 1992 and that proposed for 1993-1994:
Engineering
Division
FY 1991-92 Budget $ 348,205
FY 1991-92 Actual $ 365,379
FY 1992-93 Budget $ 214,600 (adjusted)
FY 1993-94 Budget $ 182,884 (proposed)
Importantly, "pass through" costs that should be recovered from
direct charges to applicants will reduce 1993-94 expenditures by
± $45,000. Hence, cost savings by having the Community Development
Director serve as the Public Works Director and using NCE as the
City Engineer have been dramatic.
CITY ENGINEERING SERVICE ALTERNATIVES:
The following summarizes the advantages and disadvantages of
alternate ways of providing engineering services to the community:
1. Restore Public Works Department
Advantages - This is the standard operational approach for most
communities. It allows for the opportunity to return Street
Division responsibilities back under the Public Works ' wing and
this would have the corollary affect of simplifying the Community
Service Department' s responsibilities now that Andy Takata has
become full time City Manager. All City operational responsibil-
ities could be placed under Public Works plus a staff City
Engineer. Engineering consultants would still, as has always been
the case, be used on a selective basis for specific Capital
Improvement Projects, or unique assignments beyond the capability
of City staff .
Disadvantages - Clearly, this would be the most costly solution.
It would call for recruiting a department head and back-up staff,
the scale of which had totaled 8.5 persons in the years past, with
pressures to seek more staff during boom years .
2 . Hire Staff City Engineer
Advantages - Customer service would be enhanced by having a
permanent City Engineer available for the applicants, the public,
and other staff members. It would allow for having a person to
assign to intergovernmental relations meetings such as SLOCOG,
Solid Waste Task Force, etc. Further, it would not require a new
"department" if it' s Councils ' intent to keep all community
development related activities under one department.
•
o0008/-L
I,
Disadvantages - Assuming a good City Engineer could be hired at the
same level as the City Planner, would mean a minimum total salary
package cost to the City of $66,000. (This could conceivably be
partially off-set by plan check charges to applicants) . This
exceeds the General Fund cost experience that we're having with
North Coast Engineering providing the services. Further, the
learning curve to master the intricacies of the City' s ordinances,
codes, General Plan requirements, etc. , would be a challenge and
add to the confusion attendant to a complex process . Further, the
availability of a City Engineer would draw an ongoing public demand
for that person' s time and lead to serious problems with "getting
out the work" (and North Coast Engineering has been performing very
well on project assignments) . There would also be the cost of
recruitment, in addition to the cost of actually hiring a person
and hoping that person would be a long term asset to the City.
Hiring a City Engineer would not preclude the need for having
consulting engineering services. The presence of a City Engineer
plus a consulting engineering firm conditioning projects could lead
to lack of consistency in the conditioning process, which now is
coordinated by North Coast Engineering subject to the Community
Development Director' s oversight.
3 . Continuing NCE Contract
Advantages - It' s working. The firm is providing a high quality of
service at a low cost to the General Fund. The individuals
assigned have had good rapport with the public and, equally impor-
tantly, with the co-workers in various City departments that are
part of the development review process. Reliance on consulting
services keeps the need for staffing at a minimum.
Disadvantages — Perception by some competitors has been negative.
In some cases it may be complaints due to critical plan checks of
their projects (in particular, drainage plans) . Community Develop-
ment Director has to cover for intergovernmental meetings formerly
staffed by the Public Works Director.
4. Go Out For Request For Proposals
Advantages - Going out for proposals for alternate firms to under-
take this work would not, in my opinion, have any advantage other
than a mistaken perception that lower costs could be obtained
without a loss in quality of service.
Disadvantages - Going out to bid would be disruptive, costly and
time-consuming to process . Clearly, North Coast Engineering
couldn' t put out an RFP to which they are party, and this task
would likely fall upon a non-engineer (myself) to do. It would
also be difficult for North Coast Engineering to respond from the
position of the incumbent firm. Going to an alternate firm at this
point in the process would be disadvantageous in that, again,
mastering the City' s procedures is no small task. NCE has gained
0000817
knowledge of the City' s codes and ordinances, and authored the
Engineering Standards adopted by the Council. They are in a unique
position to perform to our needs.
It should be noted, however, that other engineering firms have
been, and will be, given work assignments to do the engineering for
various capital projects with NCE' s. role being the Contract Admin-
istrator.
RECOMMENDATION:
That we maintain the status quo and continue monitoring costs and
efficiencies. At such time as the City' s fiscal status is
strengthened, we should consider hiring a staff City Engineer,
and/or go back to a full fledged Public Works Department.
Summary Strategy - For the short range, priorities recommended
would be: (1) Continue NCE contract, (2) hire staff City Engineer,
(3) restore Public Works Department, and (4) go out for RFPs.
Long-Range - optimum arrangement would be: (1) Restore Public
Works Department, (2) hire staff City Engineer, (3) continue NCE
contract, (4) go out for RFPs for alternate firm.
HE:ph
Attachments: Engineering Cost Monitoring Report: January 16 -
June 15, 1993 •
Review of Contract Engineering Services Communica-
tion from NCE - June 29, 1993
00008/-y
Tr
ENGINEERING COST MONITORING REPORT
NORTH COAST ENGINEERING,INC.-CITY OF ATASCADERO
JANUARY 16, 1993-JUNE 15, 1993
PERIOD ENDING
GENERAL FUND 6/15/93 Y-T-D
30004 Engineering Services 6,254.75 24,356.18
40003 Direct Charges to Applicant 3,015.18 22,018.87
CAPITAL IMPROVEMENT PROJECTS
STREETS&BRIDGES
EI Camino Real,San Gabriel 18,748.52
EI Camino Real,Median Removal 800.50 1,873.00
EI Camino,conflict resolution 295.50 1,574.25
Downtown Roads 212.71 4,910.89
DRAINAGE
Santa Rosa Storm Drain 389.70 4,225.95
Amapoa/Tecodda Drainage 2,636.25 11,171.25
San Marcos Drainage 811.63 3,464.98
Rosario Ave Storm Drain 327.18 3,139.68
Mercedes Ave Stormdrain 225.00
San Gabriel/Carmelita 227.50
. WASTEWATER
Santa Rosa Sewer 6,738.48 34,354.65
El Bordo Wastewater Line 260.75 1,935.75
San Gabriel Sewer,C&D Area G 7,994.68 8,274.68
Water Reclamation 395.00 435.00
MISC
Capital Improvement Plan 1,526.25 11,947.32
ASSESSMENT DISTRICTS
Tecorida 469.25 2,085.79
Las Encinas 1,666.63 4,981.22
3-F Meadows 924.63 3,292.72
El Camino Real 255.00 3,423.56
GROSS C.I.P./OTHER 25,704.14 120,291.71
596 EFFICIENCY REDUCTION DUE
TO WORK VOLUME (1,748.70) (8,420.26)
4 a
A 008 A�
AlW!>c NORTH COAST ENGINEERING, INC.
rV1� Civil Engineering - land Surveying - Project Development
June 29, 1993
Atascadero City Council `-
City of Atascadero
6500 Palma Ave.
Atascadero, CA 93422
Attn: Andy Takata, City Manager
Subject: Review of Contract Engineering Services
Dear Council Members:
As you begin reviewing the status of our contract engineering services with respect to the
operations and budget for FY93-94, I thought it would be help to summarize our
activities over the past six months. To that end, I have reviewed our firm's role as the
contract City Engineer and would like to present some information for your analysis.
First, in the area of cost and budget control we have implemented or accomplished the
following items:
Due to the volume of work that we have been assigned to accomplish, we
have reduced each monthly invoice this year by 5% and applied this credit
to the general fund charges. We have been able to do this due to the
efficiency of manpower that is created by the level of work we are
performing. This credit will continue to be applied as allowed by the work
load. This credit has totalled $8,420.00 through June 15, 1993.
►- We have developed a cost recovery system for plan review and plan check _
that has significantly reduced the general fund cost to the City.
We have as, originally proposed, attended all City Council meetings and
Planning Commissions meetings without charge to the City, unless our
attendance was due to a specific project not attributable to general fund
monies.
.- The-above items have-significantly reduced the general fund outlay for
engineering services, and has allowed us to operate at a significantly lower
cost than initially estimated when our contract was approved. We
anticipate further cost savings irT FY 93-94 as possible additional cost
recovery measures are implemented.
060080"0
Atascadero City Council
June 29, 1993
Page 2
► We have maintained our exclusive relationship with the City and not
accepted any private work that has been offered to us. We have turned
down the opportunity to provide engineering services for such projects as
the Fashion Outlet Center, the Rochelle Auto Mall/RV Park, and the
proposed Lindsey subdivision.
► Professional staff does not charge for any mileage attributable to City
business. Mileage charges are limited to those of our construction field
inspector.
Our involvement in other areas of Engineering Department responsibilities has gained us
significant experience and management control in the following areas:
► We have developed the standard engineering specifications and drawings
for the City which provides us the intimate knowledge necessary to
implement these requirements on project proposals in town.
► We have developed a consistent and timely plan check process which has
improved the quality of designs that the City must ultimately accept and
maintain for subdivision and commercial projects.
► We have implemented a review system of all site plans for engineering
concerns and have charged only for those that require specific engineering
analysis. This allows for a professional engineer review of all sites to
discover any drainage or encroachment concerns that might not normally
be obvious.
► We have become actively involved in the pursuit of grant monies for the
City for CIP projects, including STP, SHA, Prop. 116, State and Local
Partnership Funds, and other State Highway monies.
Lastly, and as we were originally hired for, we have been managing the
Capital Improvement Projects as well as developing a revamp of the 5 Year
CIP plan. Management under CIPprojects include planning, design,
surveying; bidding contract administration and inspection for a number of
significant projects.
As a general comment, we have developed a good working relationship with other staff
members and with most members of the private engineering community. Any time a
private consultant is selected as a contract engineer, there are bound to be other firms
• who, for varying reasons, would take exception to this relationship. We have been
careful to treat all consultants without bias, and to provide consistent reviews across the
00008Z14
4
Atascadero City Council
June 29, 1993
Page 3
board for plan checks and development proposals. For City projects requiring design, if
they could not be done in house at a cost effective and timely fashion, we have put
numerous projects out for professional proposals. In these cases, we bar ourselves from
submitting proposals to the City for work in order to avoid any complaint of favoritism or
bias. In honoring our exclusive relationship with the City, we have also not had to step
down due to conflict of interest on any development or other type of proposals that have
been presented to the City.
It is also important to note that several of our key staff members that are assigned City
related tasks live in the City and take a personal pride and interest in the services they
provide. Also, we have donated services.for community benefit, such as the topographic
map prepared for the zoo.
We have worked hard to develop cost effective, professional, consistent engineering
program for the City. We have done this not only as an obligation to our contract, but
to establish a relationship that would lend itself towards a continuing relationship. We
are committed to the City of Atascadero and are willing to discuss any other
arrangements or suggestions that you might have to further this goal.
Ultimately, as the Ci tycontinu s to grow
and as the economy hopefully picks up, it is
likely that the City's best interest would be served by the hiring of a full time City
Engineer and probably a support staff for him. Based on my knowledge of the current
economic climate, and the project level in which we are involved, I do not see that this
is the time for that transition to occur. However if the Council chooses, for other
reasons, to hire a full time City Engineer for the coming Fiscal year, we would understand
this decision and would provide any and all transition services and coordination that
would be necessary to provide a smooth flow of Engineering Department services. Our
role, of course, would need to be defined and our contract provisions reviewed as they
relate to a potentially significant change in our contractual relationship.
We have enjoyed working with you and staff and, as much as a consultant can feel a-
part
part of the City, we indeed do. Please feel free to call me if you have any questions
regarding this information or if you wish to discuss any other possibilities.
III
Respectfully ours
P YY r
NStevenJ. er
SJS/dmv 9110213.ATA
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Item No: D-3
Through: Andy Takata, City Manager Meeting Date: 9/28/93
From: Henry Engen
Community Development Director
SUBJECT:
Proposed Development Review Study Group.
RECOMMENDATION:
Following discussion, appoint a cross section of local citizens
to an ad hoc development review study group.
BACKGROUND:
The development review process is a very complicated one which is
largely driven by State-mandated code requirements and land use
procedural requirements. All of these, in turn, are incorporated
in local plans, ordinances and guidelines. Predictably, both
applicants and citizens can find the process confusing and
frustrating. Staff is suggesting that a study group be appointed
to meet with staff to examine our procedures and "walk through"
the development review process. The objective would be to
educate the representative group and to solicit suggestions for
making the process more effective.
SUGGESTED MEMBERSHIP:
The ideal group would be one which includes people who are
continuing customers in the process, i.e. , those seeking building
and other types of permits, together with those who are lay
citizens but interested in the end result of the permit process.
Towards this end, we would suggest the Council give consideration
to nominating the following individuals, together with appointing
one Council member: Kelly Gearhart, Contractor; Mike Messer,
Contractor; Frank Henderson, Architect/Developer; Chris Bonnema,
Planning Commissioner (Contractor) ; Donna Wallace, Planning
Commissioner (interested citizen) ; and Marcia Torgerson,
interested citizen. With the appointment of a Council member,
this would provide for a seven-member group which is large enough
to cover diverse views, but small enough to be workable.
0 u 0 0 N
Staff would anticipate perhaps two or three sessions, to provide
background information on the organization of the City and its '
development review process together with Federal, State, and
local laws which constrain our procedures. Included would be a
walk-through tour of a typical project and an ongoing question/
answer period. We would anticipate that upon completion of this
process the group would report back to Council on issues raised
and areas where potential improvements could be made.
HE:ph
REPORT TO CITY COUNCIL Meeting Date: 09/28/93
CITY OF ATASCADERO Agenda Item : #D-4
Through: Andy Takata, City Manager
From: Lee Raboin, City Clerk
SUBJECT:
City Council Vacancy.
RECOMMENDATION:
1 . Re-consider making an appointment from one of the fourteen applicants already
considered. If this option is chosen, it is recommended that the City Council
adopt Resolution No. 117-93.
2. Adopt Resolution No. 120-93 calling a Special Election.
BACKGROUND:
• Special Election:
Due to the resignation of Councilmember Marty Kudlac, the City Council has
one vacancy. The City Council did, on September 20th, interview and consider
fourteen members of the public who had applied for the seat. The City Council was
not able to reach agreement and no appointment was made.
Pursuant to Government Code Section 36512, the City Council must either
appoint someone in thirty days from the first day of the vacancy or call a special
election. Said special election to be held at the next regularly established election
date. Election Code Section 2500 specifies three regular election dates per year.
Based on this information, the City Clerk previously reported that the special election
would have to be conducted on April 12, 1994.
There has since been some question as to the interpretation of "regularly
established election date". San Luis Obispo County does not hold an election in April,
but rather in June. Certainly it would be more convenient and cost-saving to hold the
"special" and the "regular" election in June. However, the City Clerk has consulted
with City Attorney Art Montandon; County Clerk Mitch Cooney; Mr. Paul Marshall,
election consultant from Martin & Chapman Company; and, finally, with Pam Gerizo,
Election Counsel for the Secretary of State. All concur that the City is legally bound
to the April 12, 1994 election date.
Report to City Council September 28, 1993
Page 2
Combining "Regular" Election with "Special Election":
The City Clerk researched the possibility of combining the "regular" election
scheduled for June 4, 1994 with the "special" in April. Although the City could
repeal Ordinance No. 45 which established the June municipal election date, there are
likely to be legal ramifications with shortening the terms of four elected officials.
Another important consideration would be that by changing the date, the City would
be abandoning the opportunity to consolidate our elections with the County and
statewide primary, The benefits, of course, to consolidation are increased voter
participation r, . r.. eased costs. It is for the above-outlined reasons that staff is not
recommending introducing an ordinance to change our regular election date.
Mail-in Ballot:
Mail-in ballots have been proposed, but because the City's population is larger
than 1,000, it is not an option. (Election Code 1340(c)(1))•
ANALYSIS & FISCAL IMPACT:
The City Council must make a decision no later than September 30th to either:
1. Try again to appoint one of the fourteen applicants already considered.
The Council may wish to discuss alternative selection procedures. Fiscal 0
Impact: None.
2. Call the Special Election. Fiscal Impact: $12-15,000. (Note: This
election will be a "stand-alone" for the City of Atascadero. The County
has agreed to help the City Clerk's Office coordinate the election and,
additionally, to cut costs wherever possible; however, many costs are
fixed and because the City will not be sharing those costs with other
jurisdictions, the cost of holding a special election is estimated to be
more than the cost of our regular, consolidated election).
FUTURE CONSIDERATION:
The City Council may wish to direct staff to draft an ordinance that would
address the issue of filling a City Council vacancy, should it occur again in the future.
Such an ordinance could spell out a recruitment and selection procedure for
appointment, provide for an interim appointment and establish that a special election
be held on the date of the next scheduled municipal election.
Attachments: Government Code Section 36512
Election Code Section 2500
Resolution Nos. 117-93 and 120-93 �.
RESOLUTION NO. 117-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPOINTING ONE MEMBER
OF THE PUBLIC TO THE CITY COUNCIL
WHEREAS, due to the resignation of City Councilman Marty Kudlac, there
exists one vacancy on the Atascadero City Council; and
WHEREAS, pursuant to Government Code Section 36512, the City Council may
appoint a resident of Atascadero, over the age of 18, to serve the unexpired term;
WHEREAS, public advertisements soliciting interest in appointment to the City
Council have been posted; and
WHEREAS, the City Clerk did receive fifteen (15) applications for consideration;
and
WHEREAS, the City Council did, on September 20, 1993, interview and
consider fourteen (14) candidates for appointment to the City Council and did then
• vote for specific nominations.
NOW, THEREFORE, the City Council of the City of Atascadero does hereby
appoint the following citizen to serve the remaining two years, ten months of the
unexpired term:
Said term to expire June 4, 1996.
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:
Resolution No. 117-93
Page 2
ADOPTED:
ATTEST: CITY OF ATASCADERO
By:
LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
RESOLUTION NO. 120-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CALLING A SPECIAL ELECTION
FOR APRIL 12, 1994 TO FILL A VACANCY
ON THE ATASCADERO CITY COUNCIL
WHEREAS, due to the resignation of Councilmember Marty Kudlac, there exists
a vacancy on the Atascadero City Council; and
WHEREAS, Government Code Section 36512 provides that the City Council
must either fill the vacancy by appointment or call a special election.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero, that a Special Election to fill a vacancy on the Atascadero City Council
is hereby called for April 12, 1993.
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 ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
aNWOMWWLD OLF WAWg6%ODU oases YWLMM v . . 1. .
(Amended by Stats.1988, c. 1172, ¢ 1; Stats.1990, c. 2 (S.B.1815), 12, eff. Feb. 6, 1990.)
Historical and Statutory Nota
1988 Legislation
The 1988 amendment substituted "57879" for -
"36448" in the first sentence.
$ 36504.6. Repealed by Stats.1990, c. 2 (&B.1316), 3, operative Jan. 1, 1"1
Historical and Statutory Notes
The repealed section, allowing a city containing a on the first or third Tuesday in April of 1990, was
population of 50,000'or less situated in a county of the "'added by Stats.1990, c. 2 (SX.1315), ¢ 8, eff. Feb. 6,
first class to hold its general municipal election in 1990 1990, and was repealed by its own terms.
• appointment or special election; term; ordinances governing ap-
pointments or elections; restrictions
• ' ' (a) If a vacancy occurs in an appointive office provided for in this chapter ' ' •, the council
shall fill the vacancy by appointment. A person appointed to fill'a vacancy holds office for the
unexpired term of the former incumbent,
• • ' (b) If a vacancy occurs in an elective office provided for in this chapter, the council shall,
within 80 days from the commencement of the vacancy, either fill the vacancy by appointment or can
a special election to fill the vacancy. ' ' ' The 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 holds office for the unexpired term of the former incumbent.
(c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance which:
1 uires that a special election be called immediatel to fill a council vacancy and the
office of mayor designated pursuant to Section 34902 The ordinance shall provide that the special
election shall be held on the next regularly established election date not less than 90 days from the
call of the special election.
(2) Requires tfiat a special election be held to fill a city council vacancy and the office of mayor
designated pursuant to Section 34902 when petitions bearing a specified number of verified
signatures are filed The ordinance shall provide that the special election shall be held on the next
regularly established election date not less than 90 days from the filing of the petition. A governing
body which has enacted such an ordinance may also calla special election pursuant to subdivision (b)
without waiting for the filing of a petition. --
(8) Provides that a person appointed to fill a vacancy on the city council holds office only until the
date of a special election which shall immediately be called to fill the remainder of the term. The
special election may be held on the date of the next regularly established election or regularly
scheduled municipal election to be held throughout the city not less than 90 days from the call of the
special election.
(d) (1) Notwithstanding subdivision (b) and Section 34902, an appointment shall not be made to fill
a vacancy on a city council if the appointment would result in a maloM of the members serving on
the council having been appointed. The vacancy shall be filled in the manner provided by this
subdivision
(2) The city council may call an election to fill the vacancy, to be head on the next regularly
established election date not less than 90 days after the call,
(3) If the city council does not call an election pursuant to paragraph(2), the vacancy shall be filled
at the next regularly established election date.
(Amended by Stats.1992, c. 136 (A.B.2295), j 1.)
Additions or dtanges Uiclicated by u deletlonw by asterisks •
Alt
Chapter 1. Established Election Dates 25030,
DIVISION 4. ELECTION DATES `
Chapter 1. Established Election Dates
2500. Three,regular election dates. '
Three regular election dates shall be established in each year as follows:
(1)The second Tuesday of April of each even-numbered year.
(2) The first Tuesday after the first Monday in March of each odd-numbered _.
year.
(3)The first Tuesday after the first Monday in June of each year.
(4)The first Tuesday after the first Monday in November of each year.
(Amended by Stats. 1978,c. 1376,§12.)
2501. Statewide election dates.
Elections held in June and November of each even-numbered year shall be
statewide elections and these dates shall be considered statewide election dates.
(Added by Stats. 1976,c. 1155,§2.)
2502. Date all state,county,municipal,district and school elections to be held.
Except as provided in Section 2503, notwithstanding any other provisions of
law,all state,county,municipal,district,and school district elections shall be held
on the established election date nearest to the date on which they would be held mi
the absence of this chapter.If the election is held on a statewide election date it shall
be consolidated with the statewide election according to the provisions of Part 2.5
(commencing with Section 23300)of Division 14 except that,in counties of the first
class, the board of supervisors may deny any request for consolidation,if it finds
that the ballot style,voting equipment,or computer capacity is such that additional
elections or materials cannot be handled.The procedural requirements prescribed
for any such election shall be construed as if the provisions of this section were
specifically set forth in the provisions relating to that election.
(Amended by Stats. 1985,c.897,§I.)
2503. Exceptions of this chapter.
This chapter shall not apply to the following:
(1)Any special election called by the Governor.
(2) Elections held in chartered cities or chartered counties in which the charter
provisions are inconsistent with the provisions of this chapter.
(3) School governing board elections consolidated pursuant to Section 5006 of
the Education Code or initiated by petition pursuant to Section 5091 of the Educa-
tion Code.
(4) Elections of any kind required or permitted to be held by a school district
located in a chartered city or county when such election is consolidated with a
regular city or county election held in a jurisdiction which includes 95 percent or
more of the school district's population.
(5) County, municipal, district, and school district initiative,, referend , or
rgall elections.
(6)Any election conducted solely by mailed ballot pursuant to the provisions of
Chapter 5 (commencing with Section 1340)of Division 2.
(Amended by Stats. 1979,c.424,§4.)
73 1993
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: D-5
Through: Andrew J. Takata, City Manager Meeting Date: 9/28/93
From: Arther R. Montandon, City Attorney
SUBJECT: Authorization to acquire remainder of real property interests in the City
property surrounding the wastewater treatment plant
RECOMMENDATION:
That the City Council authorize the acquisition and acceptance of the remainder
real property interest.
DISCUSSION:
We were approached by the trustee of the Atascadero Development Syndicate
(ADS), Gordon Davis, with an offer to clear the title to City real property. This
property is located at and around the City's wastewater treatment plant.
The offer is to convey the remainder interest in this real property to the City.
This would clear the City's title to the property. The City would not have to pay for
the property interest but would have to pay for the costs of preparation of court
documents, title reports and recordation. The estimated cost is $750.00.
The procedure to clear title has been employed many times in the past all over
Atascadero. It is routine and will be accomplished by the attorneys for ADS.
It is recommended that this expenditure be authorized to remove this cloud on
title.
ALTERNATIVES:
1 ) Do nothing.
FISCAL IMPACT:
An expenditure of $750.00 which may be charged to the wastewater account.
Thus, this would not be a general fund expenditure.
ARM:cw