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HomeMy WebLinkAboutAgenda Packet 09/28/1993 R13LIC REVIEW COPY PLEASL DO NOT REMOVE - FROM CIXMER 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 c k „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. CC 08/10/93 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. CC 08/10/93 Page 3 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. CC 08/10/93 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” CC 08/10/93 Page 5 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. CC 08/10/93 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. CC 08/10/93 Page 7 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 CC 08/10/93 Page 8 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 CC 08/10/93 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. CC 08/10/93 Page 10 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 $1,000; motion carried unanimously'';by roll call vote. CC 08/10/93 Page 11 � II E. INDIVIDUAL DETERMINATION AND/OR ACTION: • 1. City Council Mayor Kudlac announced that he would be stepping down as Mayor effective August 24, 1993. The City Attorney suggested that the City Council could, by consensus, elect a new mayor at that time. 2. City Attorney Art Montandon reported that the City's Municipal Code provides five (5) minutes per speaker during a public hearing and advised against restricting testimony to three (3) minutes for the Highway 41 hearing. 3. City Manager Andy Takata provided an overview of items scheduled for the August 24, 1993 meeting and announced that he would be away on vacation during that time. THE MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:44 P.M. Said Closed Session, held pursuant to Government Code Section 54957.6, for purposes of . discussions regarding personnel matters and personnel negotiations. MINUTE CORDED AND PREPARED BY: LEE Wt6W, City Clerk Attachments: Exhibit "A" - (O'Neil) Exhibit "B" - (Luke) Exhibit "C" - (Torgerson) CC 08/10/93 Page 12 August 10, 1993 D • To: Atascadero City Council Atascadero, CA From: CITY U ,;ASCAOERO Dorothy F. McNeil CITY CL_ It'$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 i 1 • • 111 A ME0 is' ;i.• • 1 :: • I� .::...:::::::::::::::::::::::........................::::: ........................ .. .. .. ... 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 i I it ........: ..........:... ......... .:. :.t : : .: ...... : .. .:::::::::: ................. �.n ........................: ........-. I ............. I • ............... ............. ...............................EE :eE:.. L °MUNNNNNNNN, ..) gow r I' Si s \ I tyl \;;\ \ \, . ON \, �\ �\ \\\\\\\\_\\\\\\ n uju`�;'4^�=���i■�/ itn , i■jn �I��.,�=- � ®`, �1�1� I 7MY• ui •. :. t � � � d . uosjapu 1 .1 � � II '► , 1 se- ............ ,. ....--.....• .. C --- I I • :Ct C :';U: �1 ..........................................-....-.. 11.1..................... ... .......... ...: ........................ _ I. ♦♦ ■ n� ■• .juNEWA r%�i �i� ■to ujn .jai -� `) �/j i _ �_ ASS � .�rG� �■,��_ __ 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 I � , t (F/} y 'SAUNAS - � - \_rO � '• \ �� J, P-(F H) 51T LI-stF H-) CO� SI I 01 _ 1 SON G R NT F 16 (F H) � p '"� VALL c L(FH) 'RMF= r �- RIM I FH) 1 1 ' 1 1 # T' report -was to have been in the agenda packets at the time they were distributed, but it was inadvertent- 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 N W p m � IL £e o �_ o • E a' W E E C9 .- s C C° Z O , > � a �` _ � E E Z W 0 0 ~ Z lyes O O D D t 26 L L N Z 9g \ gig m O E m m _ 0 � tC- t O U Mot � � W m cr 10, m O C > 4 t 6 .°, a:: Em cE aCE � O � a Ca W Ca i r;Et 4t _� m W C } x� F W fn ® L i m i O > ` W m cc >"' oa min 0-V) a 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,_} \ . • fWkyj I M • 1 ..mow � 1• • :• • . • E •� .mo sir" •• .m� _ r r , t4w� 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 v a) 0 v ° o 41 v >1 a' ° > > n. ° o v •1 b CZS p �i� O &L. 0 Ul .a o s~ d o 7d 3 N cn U oN o ° o � .n..S O E � U E UD � * � � m � E C/� E cul a. N cz ca m0 �n U ci v5C� cn ri) � ZQ Ul� A o 3 L o ■ ■ ot im ONVY1t11V ' � '�_�`J�" llr� if)M ■I Z \� s \ )(1w)Ar VOVYLN) fi \all arr »l i��• I i it � 7 9-t., I uuc►s1��. 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