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AGENDA
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
JUNE 28, 1994
7:00 P.M.
This agenda is prepared and posted pursuant to the requirements of Oovernment Code
Section 54954.2. By listing a topic on this agenda, the City Council has expressed its
intent to discuss and act on each item. In addition to any action identified in the brief
general description of each item, the action that may be taken shall include: A referral to
staff with specific requests for information, continuance, specific direction to staff
concerning the policy ormission of the item,discontinuance of consideration;authorization
to enter into negotiations and execute agreements pertaining to the kem; adoption or
approval; and, disapproval.
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the
Information Office (Room 103), available for public inspection during City Hall business
hours. The City Clerk will answer any questions regarding the agenda.
In with the Americans with Disabilities Act, if you need special assistance to
participate in a City meeting or other services offered by this City,please contact the City
Manager's Office ((805) 461-5010) or the City Clerk's Office ((805) 461-5074). Notifica-
tion at least 48 hours prior to the meeting or time when services are needed will assist the
City staff in assuring that reasonable arrangements can be made to provide accessibility
to the meeting or service.
RULES OF PUBLIC PARTICIPATION:
* Members of the audience may speak on any item on the agenda.
* A person may speak for five (5) minutes.
* No one may speak for a second time until everyone wishing to speak has had
an opportunity to do so.
* No one may speak more than twice on any item.
* Council Members may question any speaker; the speaker may respond but,
after the allotted time has expired, may not initiate furthor discussion.
* The floor will then be closed to public participation and open for Council
discussion.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CITY COUNCIL REORGANIZATION: is
o Resolution No. 61-94 - Reciting the fact of the Regular Municipal
Election held 6/7/94 and declaring the result
o Administration of Oath of Office to City Clerk Lee Price, City Treasurer
Micki Korba and newly-elected Councilmembers Hal Carden and Ray
Johnson
o Council Appointment of Mayor and Mayor Pro Tempore
o Presentations to outgoing Councilmembers Bonita Borgeson and Robert
Nimmo
o Review committee appointments
CITY COUNCIL COMMENTS
PRESENTATIONS:
o Introduction of Brad Whitty, Finance Director 10
o Atascadero Chamber of Commerce - Annual Report
COMMUNITY FORUM:
The City Council values and encourages exchange of ideas and comments from
you, the citizen. The Community Forum period is provided to receive comments from
the public on matters other than scheduled agenda items. To increase the effective-
ness of Community Forum, the following rules will be enforced:
* A maximum of 30 minutes will be allowed for Community Forum, unless
Council authorizes an extension.
* All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
* No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
20
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. City/School Committee
4. Traffic Committee
5. County Water Advisory Board
6. Economic Round Table
7. Colony Roads Committee
8. Liability Claims Review & Finance Committee
9. Nacimiento Water Purveyors Advisory Group
10. Highway 4.1 Realignment Community Advisory Committee
B. CONSENT CALENDAR:
All matters listed under Item B, Consent Calendar, are considered to be routine, and
will be enacted by one motion in the form listed below. There will be no separate
discussion on these items. A member of the Council or public may, by request, have
any item removed from the Consent Calendar, which shall then be`!reviewed and acted
upon separately after the adoption of the Consent Calendar:
1. CITY COUNCIL MINUTES - June 14, 1994
2. CITY TREASURER'S REPORT -.May, 1994
3. FINAL PARCEL MAP 93002, 7406 SANTA YSABEL AVE. - Subdivision of a
0.42-acre site into four (4) separate parcels with the provision that, through
zoning, each parcel be developed in strict conformance with an approved
Master Plan of Development for the site. (Gearhart)
4. RESOLUTION NO. 45-94 - Placing the annual payment for Assessment District
No. 3 (Marchant Way) on the Property Taxes for the 19941-95 Fiscal Year
5. ESTABLISHING ANNUAL ASSESSMENTS FOR MAINTENANCE OF CERTAIN
IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT
ACT OF 1911 (STREETS & HIGHWAYS CODE SEC. 5830) FOR STREET
MAINTENANCE DISTRICTS:
A. Resolution No. 47-94 - Aguila Ave. (Dist. No. 86-3)
B. Resolution No. 48-94 - Pinal-Escarpa (Dist. No. 86-2)
C. Resolution No. 49-94 - Cayucos Ave. (Dist. No. 86;'+4)
D. Resolution No. 50-94 - Falda Ave. (Dist. No. 86-1)
E. Resolution No. 51-94 - Lobos Ave. (Dist. No. 83-1)i,
F. Resolution No. 52-94 - Sonora-Pinal Ave. (Dist. No 83-2)
MG. Resolution No. 53-94 - Maleza Ave. (Dist. No. 83-31)
H. Resolution No. 54-94 - San Fernando Rd. (Dist. No 84-1)
3
6. RESOLUTION NO. 58-94 - Amending Resolution No. 29-91, authorizing the
application for State licensing of the school-age childcare program
7. RESOLUTION NO. 59-94 -Approving a budget for the 1994/95 Fiscal Year and
appropriating funds thereof
8. RESOLUTION NO. 60-94 - Adopting a policy for the financial recovery of costs
of emergency responses, pursuant to Government Code Section 53150, et seq.
9. ATASCADERO W. MALL LANDSCAPING PROJECT
C. PUBLIC HEARINGS - None scheduled.
D. REGULAR BUSINESS:
1. REPORT ON TRAFFIC SAFETY SIGNAGE, LAS ENCINAS (Verbal)
2. FASHION OUTLET CENTER (Golden West Development)
A. Request to extend construction completion deadline
B. Notice of Transfer of Ownership
3. ATASCADERO ELKS LODGE #2733 REQUEST FOR PROPOSED "BEERFEST"
ON SEPTEMBER 17, 1994, ATASCADERO LAKE PARK
4. SAN LUIS OBISPO COUNTY ARTS COUNCIL - Request for letter of support
5. SCHEDULE DATE FOR JOINT MEETING WITH PASO ROBLES CITY COUNCIL -
Suggest August 11, 1994
6. SCHEDULE HEARING ON CHICAGO GRADE LANDFILL ISSUES
7. ORDINANCE NO. 279 - Establishing special assessment use charge for
Atascadero Street Improvement Project No. 1992 (Las Encinas and 3-F
Meadows)
(Recommend motion to adopt on second reading by title only)
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council
2. City Attorney
3. City Clerk
4
4. City Treasurer
5. City Manager
F. CLOSED SESSION:
The City Council will adjourn to a Closed Session for the Following Purposes:
1) Conference with Legal Counsel - Anticipated; Litigation:
Significant Exposure to Litigation: One case'!
•
5
MEETING AGENDA
DATE 6/28/94AINl'Z '1'1Vfi
OUNCIL
RESOLUTION NO. 61-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, RECITING THE FACT OF THE
REGULAR MUNICIPAL ELECTION HELD ON JUNE 7, 1994
AND DECLARING THE RESULT
WHEREAS, a Regular Municipal Election was held and conducted in the City of
Atascadero, California on Tuesday, June 7, 1994, as required by law to elect two
members of the City Council, one City Clerk and one City Treasurer; and
WHEREAS, notice of the election was given in time, form and manner as
provided by law; that voting precincts were properly established; that election officers
were appointed and that in all respects the election was held and conducted and the
votes were cast, received and canvassed and the returns made and declared in time,
form and manner as required by the provisions of the Elections Code of the State of
California for the holding of elections in general law cities; and
WHEREAS, pursuant to the official order of the San Luis Obispo County Board
of Supervisors approved on June 21, 1994, the County Election Department
canvassed the returns of the election and has certified the results to this City Council,
the results are received, attached and made a part hereof as Exhibit "A".
• NOW, THEREFORE BE IT RESOLVED, b the Cit Council of the Cit of
Y Y Y
Atascadero as follows:
SECTION 1 . That the whole number of ballots cast in the precincts except
absentee voter ballots in the City was 4,943. That the whole number of absentee
voter ballots cast in the City was 1,529, making a total of 6,472 ballots cast in the
City.
SECTION 2. That the names of persons voted for at the election were as
follows:
For Member of the City Council:
Raymond L. "Ray" Johnson
Harold L. "Hal" Carden, III
Dale Cradduck
Bonita Borgeson
For City Clerk:
Lee (Raboin) Price
For City Treasurer:
Muriel C. "Micki" Korba
000001
Resolution No. 61-94
Page 2
SECTION 3. That the num
number of votes given at each precinct and the number
of votes given in the City to each of the persons above named for the respective
office for which the persons were candidates were as listed in Exhibit "A", attached.
SECTION 4. The City Council does declare and determine that:
Raymond L. "Ray"Johnson and Harold L. "Hal" Carden, X were elected
as Members of the City Council for full terms of four years each.
Lee (Raboin) Price was elected as City Clerk for a full four year term.
Muriel C. "Micki" Korba was elected City Treasurer for a full four year
term.
SECTION 5. The City Clerk shall enter on the records of the City Council of the
City, a statement of the result of the of then, ' voted fork (3) forenumber of
what office
ballots cast in the City; (2) the names persons
each person was voted for; (4) the number of votes given at each precinct to each
person; and (5) the total number of votes given to each person.
SECTION 6. The City Clerk shall immediately make and deliver to each of the
persons so elected a Certificate of Election signed by the City Clerk and authenticated;
that the City Clerk, or her designated deputy, shall also administer to the elected the
Oath of Office prescribed in the Constitution of the State of California and shall have
him/her subscribe to it and file it in the
office
office to whCity
ichClerk.
he she has been elected.elected
shall then be inducted into the respective
SECTION 7. The City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
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:
000002
Resolution No. 61-94
• Page 3
ADOPTED:
ATTEST: CITY OF ATASCADERO
By:
LEE PRICE, City Clerk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
•
000003
Resolution No. 61-94
Exhibit "A"
Page 1
D j f
i
LI,
4�
" ,.TASCAOERO
" L-_�K'S OFFICE
CERTIFICATE OF COUNTY CLERK
RESULTS OF CANVASS OF ALL VOTES CAST AT THE
PRIMARY ELECTION
JUNE 7, 1994
CITY OF ATASCADERO
COUNTY OF SAN LUIS OBISPO )
ss.
STATE OF CALIFORNIA )
I, FRANCIS M. COONEY, County Clerk-Recorder of the County of
San Luis Obispo, do hereby certify that pursuant to law, I did
canvass the returns of the votes cast at said Primary Election held
on June 7, 1994, in the City of Atascadero, and that a xerox copy
of the Statement of Votes Cast (the original of which is on file in
the Office of the County Clerk) to which this certificate is
attached, shows the number of votes cast in said City for and
against each candidate for the office of Member of the City
Council, City Clerk and City Treasurer and that the totals shown
for and against each candidate for the office of Member of the City
Council, City Clerk and City Treasurer in said City, and in each of
the respective precincts therein, are full, true and correct.
ZI �
WITNESS, my hand and Official Seal this day of
1994.
i. .
\ FRANCI M. CO , C unty 1 rk-Recorder
b
Deputy unty Clerk 000004
Resolution No. 61-94
Exhibit "A"
SAN LUIS OBISPO COUNTY PRIMARY ELECTION 6-7-94 AIASCADERO MBR CITY COUNCIL Page 58. 1 Page 2
Precinct Voters Trnoot Pct 1 2 3 4 5 6 7 8 9 10 11 12
0-PRECINCT-23 -- 172 214 36.1 10 0 161 117 91 74 1
CON PRECINCT 24 1058 402 38.0 11 0 225 177 65 154 0
CON PRECINCT 25 888 379 42.7 9 0 214 191 61 119 2
CON PRECINCT 16 367 151 41.1 3 0 88 78 20 49 1
CON PRECINCT 109 111 342 47.4 15 1 213 173 41 97 2
CON PRECINCT 110 795 333 41.9 c 0 193 153 10 116 0
CON PRECINCT 111 889 347 39.0 6 0 115 141 82 131 0
CON PRECINCT 112 924 344 37.1 19 0 173 155 124 95 1
CON PRECINCT 113 953 374 39.2 21 0 204 187 68 105 1
CON PRECINCT 114 940 371 39.5 14 0 206 162 96 112 3
CON PRECINCT 115 1013 345 34.1 7 0 170 133 106 121 2
CON PRECINCT 116 1045 335 32.1 13 0 165 150 91 108 1
CON PRECINCT 117 1103 389 35.3 ,10 0 219 164 98 125 0
CON PRECINCT 118 706 271 38.4 14 0 147 133 56 88 0
CON PRECINCT 119 935 281 30.1 14 1 171 124 57 74 0
ABSENTEE CON 13 0 84 0.0 1 0 55 43 19 19 0
ABSENTEE CON 14 0 155 0.0 6 0 92 10 28 54 0
ABSENTEE CON 25 0 111 0.0 4 0 68 45 21 57 0
ABSENTEE CON 26 0 49 0.0 1 0 27 26 10 17 0
ABSENTEE CON 109 0 96 0.0 3 0 50 40 18 31 0
ABSENTEE CON 110 0 105 0.0 4 0 54 40 25 36 0
ABSENTEE CON 111 0 116 0.0 5 0 69 69 23 27 0
ABSENTEE CON 112 0 103 0.0 7 0 S2 47 24 33 2
ABSENTEE CON 113 0 132 0.0 5 0 76 57 33 35 1
08SENTEE
SENTEE CON 114 0 97 0.0 2 0 59 53 11 25 0SEHTEE CON 115 0 100 0.0 5 0 51 41 28 3] 0
CON 116 0 81 0.0 6 0 54 40 17 20 0
ABSENTEE CON 117 0 99 0.0 1 0 62 49 32 18 1
ABSENTEE CON 118 0 90 0.0 8 0 42 39 23 31 0
ABSENTEE CON 119 0 95 0.0 4 0 62 33 18 23 0
=> Precinct Totals 13109 4943 37.7 174 2 2125 2150 1127 1578 14
==> Absentee Totals 0 1529 0.0 61 0 873 698 366 463 4
=> Total Votes 13109 6472 49.4 236 2 3598 2948 1493 2041 18
-------------------------------------------------- C 0 l U M N L E 6 E H 0 ---------------------------------------------------
1: MEMBER CITY COUNCIL 4: MEMBER CITY COUNCIL 7: MEMBER CITY COUNCIL 10:
CITY OF ATASCAOERO CITY Of ATASCAOERO CITY OF ATASCADERO
Blank Votes HAROLD L. HAL CARDEN III 8ritein Votes
2: MEMBER CITY COUNCIL 5: MEMBER CITY COUNCIL 8:
CITY OF ATASCAOERO CITY OF ATASCAOERO
Over Votes GALE CRAOOUCK
MEMBER CITY COUNCIL 6: MEMBER CITY COUNCIL 9: 11: ;
CITY OF ATASCAOERO CITY OF ATASCAOERO
RAYMOND L. RAY JOHNSON BONITA BORGESON
,
----------------------------------------------------------------------------------------------------------------------------------
0000O5
Resolution No. 61-94
Exhibit "A
SAN LUIS OBISPO COUNTY PRIMARY ELECTION 6-1-94 ATASCAOERO - MBR CITY COUNCIL Page 58. Page 3
R E C A P Voters Trnout Pct 1 2 3 4 S 6 7 8 9 10 11 12
------------------------ ------ ------ ----- ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------
TOTAL DIST 1 SUPERVISOR 3085 1620 S2.5 45 0 931 7S3 316 553 4
TOTAL DIST 2 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0
TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0
TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0
TOTAL DIST 5 SUPERVISOR 10024 4852 48.4 191 2 1667 1195 1177 1488 14
TOTAL VOTERS 13109 6472 49.4 236 2 3598 2948 1493 2041 18
CONGRESSIONAL DIST 22 13109 6472 49.4 236 2 3598 2948 1493 2041 18
STATE SENATOR DIST 18 13109 6412 49.4 236 2 3598 1948 1493 2041 18
ASSEMBLY DISTRICT 33 13109 6471 49.4 136 2 3598 2948 1493 2041 18
CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 0 0
CITY OF GROVER CITY 0 0 0.0 0 0 0 0 0 0 0
CITY OF MORRO BAY 0 0 0.0 0 0 0 0 0 0 0
CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 0 0
CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 0 0 0
CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 0 0
CITY OF ATASCAOERO 13109 6472 49.4 236 2 3598 2948 1493 2041 18
UNINCORPORATED 0 0 0.0 0 0 0 0 0 0 0
ABSENTEES PCT TOTALS 0 1529 0.0 62 0 873 698 366 463 4
TOTAL VOTERS 13109 6472 49.4 236 2 3598 1948 1493 2041 18
-------------------------------------------------- C O L U M N L E G E N D ---------------------------------------------------
1: MEMBER CITY COUNCIL 4: MEMBER CITY COUNCIL 7: MEMBER CITY COUNCIL 10:
CITY OF ATASCAOERO CITY OF ATASCAOERO CITY OF ATASCAOERO
Blank Votes HAROLD L. HAL GARDEN III Mritein Votes
2: MEMBER CITY COUNCIL 5: MEMBER CITY COUNCIL 8: 11:
CITY OF ATASCAOERO CITY OF ATASCAOERO
Over Votes DALE CRADDUCK •
3: MEMBER CITY COUNCIL 6: MEMBER CITY COUNCIL 9: 12:
CITY OF ATASCADERO CITY OF ATASCAOERO
RAYMOND L. RAY JOHNSON 80NITA BORGESON
----
Resolution No. 61-94
Exhibit "A"
SAN LUIS 08ISPO COUNTY PRIMARY ELECTION 6-7-94 ATASCAOERO - CITY CLERK I CITY TREASURER Page 59. 1 Page 4
Precinct Voters lrnout Pct 1 2 3 4 5 6 7 8 9 10 11 11
ON-PRECINCT-23 .12 219 36.1 63 0 111 S 66 0 201 6
CON PRECINCT 14 1058 401 38.0 96 0 301 S 99 0 191 6
CON PRECINCT 25 888 379 42.7 91 0 285 3 99 0 273 1
CON PRECINCT 26 367 151 41.1 36 0 112 3 37 0 112 1
CON PRECINCT 109 721 342 41.4 90 0 248 4 94 0 243 5
CON PRECINCT 110 195 333 41.9 78 0 254 1 81 0 246 7
CON PRECINCT 111 889 347 39.0 71 0 170 6 81 0 260 6
CON PRECINCT 112 924 344 37.1 94 0 247 3 90 0 249 S
CON PRECINCT 113 953 314 39.2 85 0 286 3 94 0 274 6
CON PRECINCT 114 940 371 39.5 80 0 284 7 92 0 271 7
CON PRECINCT 115 1013 345 34.1 96 1 141 7 99 0 239 7
CON PRECINCT 116 1045 335 32.1 88 0 244 3 89 0 242 4
CON PRECINCT 117 1103 389 35.3 , 66 0 315 8 71 1 304 13
CON PRECINCT 118 106 111 38.4 53 0 214 4 61 0 207 3
CON PRECINCT 119 935 281 30.1 51 0 224 6 49 0 224 8
ABSENTEE CON 13 0 84 0.0 14 1 69 0 13 0 11 0
ABSENTEE CON 24 0 155 0.0 37 0 118 0 41 0 110 4
ABSENTEE CON 25 0 121 0.0 23 0 98 0 25 0 96 0
ABSENTEE CON 26 0 49 0.0 12 0 37 0 16 0 33 0
ABSENTEE CON 109 0 96 0.0 31 0 64 1 33 0 52 1
ABSENTEE CON 110 0 105 0.0 20 0 85 0 27 0 78 0
ABSENTEE CON 111 0 116 0.0 28 0 88 0 29 0 83 4
ABSENTEE CON 112 0 103 0.0 24 0 77 1 15 0 13 5
ABSENTEE CON 113 0 132 0.0 33 0 95 4 36 0 92 4
ABSENTEE CON 114 0 91 0.0 18 0 79 0 19 0 78 0
0ABSENTEE CON 115 0 100 0.0 24 0 74 2 24 0 74 2
BSENTEE CON 116 0 81 0.0 24 0 63 0 26 0 59 2
ABSENTEE CON 117 0 99 0.0 13 0 76 0 24 0 75 0
ABSENTEE CON 118' 0 90 0.0 21 0 67 2 21 0 68 1
ABSENTEE CON 119 0 95 0.0 15 0 70 1 25 0 70 1
Precinct Totals 13109 4943 37.7 1138 1 3736 69 1202 1 3649 92
-> Absentee Totals 0 1519 0.0 357 1 1160 12 384 0 1122 24
=-> Total Votes 13109 6411 49.4 1495 2 4896 81 1586 1 4171 116
-------------------------------------------------- C O L U M N I. E 6 E N 0 -----------•------------------------------------_--
1: CITY CLERK 4: CITY CLERK 1: CITY TREASURER 10:
CITY OF ATASCADERO CITY OF ATASCAOERO CITY OF ATASCADERO
Blank Votes Yritein Votes Over Votes
2: CITY CLERK 5: 8: CITY TREASURER 11:
CITY OF ATASCADERO CITY OF ATASCADERO
Over Votes MURIEL C. MICKI KOR8A
CITY CLERK 6: CITY TREASURER 9: CITY TREASURER 12:
CITY OF ATASCADERO CITY OF ATASCADERO CITY OF ATASCADERO
LEE PRICE Blank Votes Mritein Votes
000007
Resolution No. 61-94
Exhibit "A"
SAN LUIS OBISPO COUNTY PRIMARY ELECTION 6-7-94 ATASCAOERO - CITY CLERK d CITY TREASURER Page 59. Page 5
R E C A P Voters Trnout Pct 1 2 3 4 5 6 7 B 9 10 li 11
------------------------ ------ ------ ----- ------ ------ ------ ------ ------ --- -- ------ ------ ------ ------ ------ ------
TOTAL DIST 1 SUPERVISOR 3085 1620 52.5 311 1 1231 16 396 0 1199 25
TOTAL DIST 2 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 0
TOTAL DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 0
TOTAL DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 0
TOTAL DIST 5 SUPERVISOR 10024 4852 48.4 1123 1 3665 65 1190 i 3512 91
TOTAL VOTERS 13109 6472 49.4 1495 2 4896 81 1586 1 4771 116
CONGRESSIONAL DIST 22 13109 6472 49.4 1495 2 4896 81 1586 1 4771 116
STATE SENATOR DIST 18 13109 6471 49.4 1495 2 4896 81 1586 1 4171 116
ASSEMBLY DISTRICT 33 13109 6472 49.4 1495 2 4896 81 1586 1 4771 116
CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 0 0 0
CITY OF GROPER CITY 0 0 0.0 0 0 0 0 0 0 0 0
CITY OF MORRO 84Y 0 0 0.0 0 0 0 0 0 0 0 0
CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 0 0 0
CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 0 0 0 0
CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 0 0 0
CITY OF ATASCAOERO 13109 6472 49.4 1495 2 4896 81 1586 1 4771 116
UNINCORPORATED 0 0 0.0 0 0 0 0 0 0 0 0
ABSENTEES PCT TOTALS 0 1519 0.0 357 1 1160 12 384 0 1122 24
TOTAL VOTERS 13109 6412 49.4 1495 2 4896 81 1586 1 4171 116
i
-------------------------------
------------------- C 0 L U y H L E G E N 0 ---------------------------------------------------
1: CITY CLERK 4: CITY CLERK 7: CITY TREASURER 10:
CITY OF ATASCAOERO CITY OF ATASCAOERO CITY OF ATASCAOERO
Blank Yotes Yritein Votes Over Votes
2: CITY CLERK 5: 8: CITY TREASURER 11:
CITY OF ATASCAOERO CITY OF ATASCAOERO
Over Votes MURIEL C. MICKI KORBA •
3: CITY CLERK 6: CITY TREASURER 9: CITY TREASURER 12:
CITY OF ATASCAOERO CITY OF ATASCAOERO CITY OF ATASCAOERO
LEE PRICE Blank Votes Yritein Votes
--------------------------------------------------------------------------------------------------------------------------------- 000008
Agenda Item: B-1
Meeting Date: 06\28\94
ATASCADERO CITY COUNCIL
JUNE 14, 1994
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson Bewley led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Highland, Luna and
Mayor Nimmo
Absent: None
Also Present: Lee Price, City Clerk
Staff Present: Andy Takata, City Manager; Henry Engen, Community
Development Director; Art Montandon, City Attorney;
Brady Cherry, Director of Community Services; Russ
Scotten, Interim Finance Director; Lt. John Barlow, Police
Department; Steve Sylvester, City Engineer; John Neil,
Assistant City Engineer; Mark Markwort, Chief of
Wastewater Operations, Valerie Humphrey, Engineering
Department and Alicia Lara, Personnel Coordinator
PROCLAMATION:
Mayor Nimmo read the proclamation for "California Peace Officers Foundation Torch
Run Days", June 20-21 and presented it Lt. Barlow.
COMMUNITY FORUM:
Paul Phelman, Rancho Del Bordo Mobilehome Park resident, expressed appreciation
to the Council for the removal of a portion of the median on South EI Camino Real in
front of the mobilehome park.
CC06/14/94
Page 1
Dorothy Robbins, 7455 Cristobal, had questions relating to her sewer assessment.
Henry Engen asked the speaker to contact his office for clarification.
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) - Mayor Nimmo announced that
COG had undergone a performance audit and delegates received the
report at their June 8, 1994 meeting. He noted that a recommendation
to add one additional COG staff member had been rejected. A proposal
to consolidate the Ride Share Program into COG was also rejected, he
added.
2. Regional Transit Authority (SLORTA) - Mayor Nimmo reported that
SLORTA also met on June 8, 1994. Agenda items included the budget,
presentation of a proposal by Tom Martin relating to bus shelters at stop
locations and a presentation regarding SCAT's Route Nine by Duncan
White of San Simeon Stages.
3. Solid/Hazardous Waste Task Force - Henry Engen reported that the next
meeting would be July 13, 1994.
4. City/School Committee - Henry Engen reported that the committee had
met May 26, 1994 and discussed the possibility of an interim soccer
field at San Benito School. In addition, it was reported that the
gymnasium floor at the Atascadero High School is in need of repair. The
School District submitted their proposed Route-to-School Plan Map and
were asked to submit requested revised safety projects.
5. Economic Round Table - Henry Engen reported that the round table
members will meet with Greg Koert, of the consultant firm of Palmer
Koert, at their meeting scheduled for June 22, 1994. The firm, he
added, was recently selected to prepare a business potential assessment
study in a Draft Economic Element of the General Plan.
B. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - May 24, 1994
2. APPROVE CERTIFIED CITY ACCOUNTS PAYABLE, PAYROLL AND PAYROLL
VENDOR CHECKS FOR THE MONTH OF MAY 1994
CC06/14/94
Page 2
000010
3. RESOLUTION NO. 40-94 - Accepting those roads within the 3-F Meadows
Assessment District into the City system of maintained roads
4. RESOLUTION NO. 41-94 - Designating a three-way stop intersection at
Ensenada Ave. and Via Ave.
5. GENERAL PLAN CONFORMITY REPORT 94-3 - Potential acquisition of real
property located at 10400 Santa Lucia Road for proposed fire station site
6. ACQUISITION OF PROPERTY AT 10400 SANTA LUCIA RD. FOR THE PUR-
POSES OF A PROPOSED FIRE STATION
A. Resolution.No. 55-94 - Authorizing the purchase of real property form
G.T. Davis, authorizing the City Manager to execute appropriate deeds,
their recordation and authorizing the transfer of funds
7. AUTHORIZE CITY CLERK TO RECRUIT FOR COMMUNITY SERVICES
FOUNDATION BOARD OF DIRECTORS (2 SEATS)
Mayor Nimmo reported that he had a potential conflict of interest and would step
down from deliberations regarding Items #B-5 & 6.
MOTION: By Councilman Luna, seconded by Councilman Highland to
• approve the Consent Calendar, Items #B-1 through 4 and 7;
motion carried unanimously by roll call vote.
The Mayor stepped down from the dias.
MOTION: By Councilman Highland, seconded by Councilman Luna to
approve Consent Calendar Items #13-5 & 6; motion carried 4:0.
Mayor Nimmo returned to his seat.
C. PUBLIC HEARINGS:
1. RESOLUTION NO. 56-94 - Modifying sewer service charges for the Wastewater
Division of the City
Henry Engen provided background and the staff report. Councilman Luna expressed
gratitude to Atascadero Mutual Water Company for their cooperation in conducting
a study of local water usage. There were no questions from the Council.
CC06/14/94
Page 3
000011
Public Comments:
Lamon Colbin, Chapel of the Roses, spoke in objection to the rate increase proposed
for funeral homes. He mentioned that ninety percent of his water usage goes to
County-mandated irrigation of his two and one-half acre parcel. He urged the Council
to reconsider the proposed rate.
Dorothy Robbins, 7455 Cristobal, proclaimed that there are no provisions for
adjustments allowed for residential customers.
---End of Public Testimony---
Responding to inquiry from Councilman Bewley regarding Mr. Colbin's comments,
Henry Engen explained the adjustment process and suggested that the Chapel of the
Roses owner come in to City Hall and request an adjustment.
MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt
Resolution No. 56-94 revising the City's wastewater rates;motion
carried unanimously by roll call vote.
2. 1993-98 CAPITAL IMPROVEMENT PLAN (C.I.P.)
A. Resolution No. 57-94 - Approving the 1993-98 C.I.P. as a guide for
future capital program budgeting
B. Direct staff to utilize the existing Traffic Committee to prioritize safety
projects
Henry Engen provided the staff report and recommendation to approve. Steve
Sylvester pointed out some of the significant changes made to the Capital
Improvement Plan (CIP) since the last time the City Council reviewed it. Council
comments and questions followed.
Councilman Luna indicated that he liked the format of the Plan and was in favor of
Recommendation #2. He suggested that staff include in the CIP a specific schedule
for street overlay projects in order to adequately inform the public. Councilman Luna
also proposed that a representative from the School District be added to the
membership of the Traffic Committee, at least for purposes of prioritizing safety
projects like suggested "Routes to School". Staff responded to additional questions
regarding funding for trails and creek development.
CC06/14/94
Page 4 .
000012
Councilwoman Borgeson asked staff to summarize property acquisition on behalf of
the City at the Lake Park. Andy Takata reported that a four-year purchase program
included buying four lots on the corner of Portola and Morro Roads. He explained that
all lots but one have been bought and mentioned that there are no other purchases
planned for property at the Lake.
Mayor Nimmo remarked that the Plan does not include any funding for improvements
to the Masonic Temple and proposed that the Council may want to review the CIP in
six months, in light of the recent acquisition. In addition, pointing out that the Plan
denotes future overlay of Portola Road, he suggested that consideration be given to
widening the street at that time to provide for a pedestrian walkway.
There were no comments from the public.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adopt Resolution No. 57-94 and direct staff to utilize the existing
Traffic Committee to prioritize safety projects.
Discussion on the motion: Councilman Luna asked if there was
consensus to add a member of the School District to the membership
body of the Traffic Committee. Henry Engen provided two options: 1)
the Council can add a School District representative on an ad hoc basis,
or 2) staff can bring back an ordinance amending Ordinance No. 44
establishing the Traffic Committee and setting forth its' membership.
There was consensus to approve option #1.
Vote on the Motion: Motion passed 5:0 by roll call vote.
3. ORDINANCE NO. 279 - Establishing special assessment use charge for
Atascadero Street Improvement Project No. 1992 (Las Encinas and 3-F
Meadows)
(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 a brief staff report and recommendation to approve. There
were no questions or comments from the Council or public.
MOTION: By Councilman Highland, seconded by Councilman Bewley to
waive the reading in full and read by title only; motion carried
unanimously.
CC06/14/94
Page 5
()()0013
MOTION: By Councilman Bewley, seconded by Councilman Luna to
introduce Ordinance No. 279 on first reading; motion carried
unanimously.
D. REGULAR BUSINESS:
1. ORDINANCE NO. 278 - Amending Map 17 of the Official Zoning Maps by
rezoning certain real property on Amapoa Ave. from RMF-10 (low-density multi-
family) to RMF-16 (high-density multi-family) (ZC 93-006; City of Atascadero)
(Recommend motion to adopt on second reading by title only)
There were no questions or comments from the public.
MOTION: By Councilman Highland, seconded by Councilman Bewley to
adopt Ordinance No. 278 on second reading; motion carried 3:2
by roll call vote (Borgeson/Luna voting in opposition).
Councilman Highland remarked that, although he voted in favor of the rezoning, he did
have reservations about the approved land use. He explained that he was compelled
to vote the way he did because of the manner in which the issue came about. He
noted that if anyone was to bring in an application for a General Plan amendment to
change the zoning, he would consider it.
2. SCHEDULE DATE FOR JOINT MEETING WITH PASO ROBLES CITY COUNCIL - i
Suggest July 21 st
Andy Takata provided a brief report and noted that Councilman Highland would be out
of country at the time suggested for the joint meeting. There was consensus among
the Council to select another date and staff was directed to bring the matter back at
the next meeting.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilman Highland indicated that he had driven the roads in Las Encinas II over the
weekend and found 56 large, bright yellow traffic signs on 1 .2 miles overwhelming
and inappropriate. Andy Takata mentioned that his office had received complaints
about the new signage installed in the assessment district and noted that staff was
looking into the matter. Steve Sylvester provided background and indicated that staff
would consult with the design firm that was responsible for the safety study and
recommended mitigation measures.
CC06/14/94
Page 6
uvooi'l
2. City Clerk
Lee Price announced that applications were now
pp being accepted for the Planning
Commission, Parks & Recreation Commission, Traffic Committee and Community
Services Foundation Board of Directors. She added that applications would be
accepted until Friday, July 15th and mentioned that interviews would be scheduled
for July and/or August.
CLOSED SESSION:
At 8:10 p.m., the City Council adjourned to a Closed Session for the following
purposes:
1) Public Employee Performance Evaluation - Title: City Manager
2) Conference with Labor Negotiator - Agency negotiator: Andrew
Takata, City Manager; Employee organizations: Service
Employees International Union Local 817, Atascadero Police
Officers Assoc., Atascadero Sergeants Service Organization,
Atascadero Public Safety Technicians Organization, and Mid-
Management/Professional Employees
3) Liability Claims - Claimant(s): 1) Becker & Bell, Inc.; 2) Torn &
Marcia Torgerson
. Item #3 was taken first. Mayor Nimmo stepped out for deliberations on this matter
because of a potential conflict of interest. Item #2 was then discussed among the full
Council. Councilman Highland, recently elected to the City Council, did not participate
on Item #1 because of his short tenure on the Council.
Closed Session adjourned at 9:22 p.m. The City Attorney announced that he had
been given authority to settle both claims (Item #3) and mentioned that the
Settlement Agreement pertaining to the Torgerson Claim would be available for public
review once the draft has been put into its' final form.
THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY,
JUNE 28, 1994 AT 7:00 P.M.
MINUTES RECORD AND PREPARED BY:
LEEP ICE, City Clerk
CC06/14/94
Page 7
0"0015
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-2
From: Micki Korba, City Treasure,, Meeting Date: 6/28/94
SUBJECT: Treasurer's Report - May 1994
RECOMMENDATION:
Council review and accept.
MK:cw
Attachment: Treasurer's Report, May 1994
00001E
CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH OF MAY, 1994
GENERAL FISCAL
ACCOUNT INVESTMENTS AGENT TOTAL
BEGIN. TREASURER'S $292,471. $8,138,492. $668,677 $9,099,640.
BALANCE
RECEIPTS 855, 145. -0- -0- 855, 145.
DISBURSEMENTS <1,054,564.> -0- <71,815> <1,054,564.>
TRANSFERS IN , -0- -0- -0- -0-
TRANSFERS. .OUT -0 -0- -0- -0-
OTHER -0- -0- -0- -0-
BALANCE $ 93,052. $8, 138,492. $596,862. $8,828,406.
DEPOSITS IN -0-
TRANSIT
CHECKS OUTSTANDING < 99, 187.>
ADJUSTMENTS. _, -0-
ADJUSTED TREASURER'S BALANCE $8,729,219.
CITY OF ATASCADERO
MURIEL C. KORBA
City Treasurer
a:treas-rpt #40
000017 41.'7
ALL FUNDS - GENERAL ACCOUNTIINVESTMENTS
RESERVED UNRESERVED
CASH (1) CASH (2)
FUNDS
General Fund Pooled Cash $ $ 676,656. (3)
0as Tax Fund Pooled Cash 76, 870.
evelopment Fee Pooled Cash -0-
A.D. #4 - Reserve Pooled Cash 48,890.
Zoo Enterprise Pooled Cash < 93,993.>
Payroll Trust Pooled Cash < 80, 154.>
TRAN Repayment Pooled Cash 1,691,332.
Donations Pooled Cash 3,000.
CDBG ECON GRANT CASH 3,550.
Dial-A-Ride Pooled Cash < 80047.>
Wastewater Fund Pooled Cash 1,615,590.
Lake Park Pavil. Pooled Cash < 22,652.>
Aquatics Pooled Cash < 5,279.>
Recreation Pooled Cash < 8,794.>
Tree Plant Fund Pooled Cash 31,251.
Tree Assn Fund Pooled Cash 1,289.
Sidewalk Trist: Pooled Cash 44,481.
Emergency Services Pooled Cash 5,298.
Police Training Pooled Cash < 2,831.>
Weed Abatement Pooled Cash 29,963.
A.D. #3Redemptn. Pooled Cash 8,281.
A.D. #4 Redemptn. Pooled Cash 40,447.
A.D. #5 Redemptn. Pooled Cash 40,172.
Camino Real :Redm Pooled Cash < 2,056.>
92 Street A.D. Redemptn Pooled Cash 55,303.
89 COP Debt Svc Pooled Cash 4,085.
Capital Project Pooled Cash < 143,711.>
489 COP Const. Pooled Cash < 17,436.>
ol. Dev. Fees Pooled Cash < 121,020.>
Fire Dev. Fees Pooled Cash 240,906.
P&R Dev. Fees 'Pooled Cash < 177,457.>
Drain. Dev. Fees Pooled Cash 402,861.
Amapoa-Tec. ..Fee Pooled Cash 211,048.
Public Works Pooled Cash 404, 198.
St. Main. Dist. Pooled Cash 44,957.
TDA Non-Transit Pooled Cash 199,670.
Sewer Facilities Capital 1,900, 800.
Camino Real .Const. Pooled Cash 729,461.
Las Encinas Const. Pooled Cash 283,495.
3F Meadows Const. Pooled Cash 93,933.
TOTAL ALL FUNDS 11886,454. $6,245,903.
CASH WITH FISCAL AGENT
Camino Real Resr Cash $ 202,324.
92 St. A.D. Resv Cash 45, 170.
Wastewater Fund Cash 68, 144.
Camino Real Redm. Cash 78,689.
92 St. A.D. Redm. Cash 3,420.
89 COP Debt Svc. Cash 199. 115.
TOTAL WITH FISCAL AGENT $ 596,862.
TOTAL RESTRICTED AND
UNRESTRICTED CASH $8,729,219. 400018
INVESTMENTS
TIME DEPOSITS
CERTIFICATES OF DEPOSIT, SAVINGS, AND
LOCAL AGENCY INVESTMENT FUND
5/31/94
INTEREST
TIME DEPOSITS: AMOUNT RECEIVED (4)
Orange County Investment Pool/TRAM $1,691,332. $ 50,373.
Orange County Investment Pool 6,440,274. 382,020.
Local Agency Investment Fund 6,886. 1,986.
TOTAL TIME DEPOSITS $8,138,492. 434,379.
Mid-State Interest Received 5,046.
TOTAL INTEREST RECEIVED $439,425. (5)
Notes:
( 1) Reserved Fund cash is specified for City debt service.
(2) Unreserved Fund cash can be used for normal operations of the City.
(3) The City must repay the $2,000,000. (plus interest $69,802) TRAN (Tax
Revenue and Anticipation Note) , which is due in July, 1994 from this
Fund.
(4) May, 1994, interest yields were as follows: •
Orange.,County 7.48%
LAIF 4.43%
Mid-State 1.61%
(5) This is actual amount deposited to City accounts through May 31, 1994,
and does not reflect interest amounts accrued but not received. Also
not included above are interest amounts earned in Fiscal Agent or
County .accounts, which are used for bond retirement purposes.
00001.9
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-3
Through: Andy Takata, City Manager Meeting Date: 06/28/94
File Number: TPM 93002
From: Henry Engen, Community Development Director hAj
SUBJECT:
Acceptance of Final Parcel Map #93002 to subdivide a 0.42-acre site
into four (4) separate parcels with the provision that, through
zoning, each parcel be developed in strict conformance with an
approved Master Plan of Development for the site. The project is
located at 7406 Santa Ysabel Avenue (Kelly Gearhart) .
RECOMMENDATION:
Acceptance of Final Parcel Map #93002 .
BACKGROUND:
On December 14, 1993, the City Council conducted a public hearing
on the above-referenced map and its accompanying zone change
request. Council concurred with the Planning Commission' s recom-
mendation to approve TPM #93002 subject to the Findings and Revised
Conditions of Approval. All conditions have been completed by the
applicant.
HE:ph
Attachment: Location Map
cc: Kelly Gearhart
000020
11L'7Lis
i1�llaL'�;
�•-ter_ ul a.;
REPORT TO CITY COUNCIL Meeting Date:6-28-94
CITY OF ATASCADERO Agenda Item: B-4
Through: Andy Takata, City Manager
Via: Henry Engen, Director of Community Development 46
From: Valerie Humphrey, Engineering Division
SUBJECT:
Assessment District #3 - Marchant Way
RECOMMENDATION:
Staff recommends that Council adopt Resolution No. 45-94 for
the placement of the annual assessment charge for District 3 on the
property taxes for Fiscal Year 1994-95.
BACKGROUND:
Assessment District No. 3 was formed in 1986 to provide
sanitary sewer service to a Cease and Desist Area located at the
• southwest end of Atascadero Lake along Marchant Way.
After construction each parcel was assessed $4';150 for the cost
of the sewer service extension. At that time residents were given
the option to pay the assessment up front or to make payments for
a period of 15 years at 6% interest. This charge is the seventh
installment on that assessment.
FISCAL IMPACT•
This District was funded by using the remaining FmHA monies
left over after completion of the new Wastewater Treatment Plant.
These annual assessments go toward repayment of that loan.
Attachment:
Resolution No. 45-94 w/attachment
0O0��22
RESOLUTION NO. 45-94
RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO PLACING THE ANNUAL PAYMENT FOR ASSESSMENT DISTRICT
NO. 3 (MARCHANT WAY) ON THE PROPERTY TAXES FOR
THE 1994-95 FISCAL YEAR
WHEREAS, Improvement District No. 3 was formed by Resolution
3-86 of the Atascadero County Sanitation District Board on January
13, 1986; and
WHEREAS, Improvement District No. 3 was annexed into the
Atascadero County Sanitation District by Resolution 4-86 of the
Board on January 13 , 1986; and
WHEREAS, the Atascadero County Sanitation District has
subsequently been dissolved; and
WHEREAS, the City of Atascadero has absorbed the former
District into the Wastewater Division of the Department of Public
Works, giving the City Council all of the powers and fiscal
responsibilities of the former District.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . The adoption of this resolution authorizes the
collection of the assessment for the fiscal year commencing on the
lst day of July 1994 and ending on the 30th day of June, 1995,
said assessments as listed on attached Exhibit A.
Section 3 . The assessment has been determined to be $4150.00
per parcel to be paid at an interest rate of 6% per year for a term
of 15 years, said yearly assessment to be $428.00.
Section 4. The City Clerk is hereby ordered and directed to
file a certified copy of the diagram and assessment roll with the
County Auditor, together with a certified copy of this Resolution
upon its adoption.
Section 5. The City Clerk is hereby further ordered and
directed to file a certified copy of the assessment roll with the
County Tax Collector, together with a certified copy of this
Resolution upon its adoption.
On motion by Councilmember and seconded by
Councilmember , the foregoing resolution is adopted
in its entirety on the following roll call vote:
00002
Resolution No. 46-94
page two
AYES:
NOES:
ABSENT:
DATE:
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
Director of Community Development
000024
SPECIAL ASSESSMENT FOR ROLL YEAR 1994/95
FUND: 1835 - ATAS MARCHANT A/D
ASSESSMENT NO. ASSESSMENT AMOUNT
031, 381, 007 428. 00
031, 381, 009 428. 00
031, 381,010 428. 00
031, 381,020 428.00
031, 381, 032 428.00
031, 381,036 428. 00
031, 381, 046 428.00
031, 381, 051 428.00
031, 381, 052 428. 00
031,381,053 428. 00
031, 381,055 428.00
031, 381,059 428.00
031, 381, 061 428. 00
031, 381, 062 428. 00
031, 381, 063 428. 00
00002a
REPORT TO CITY COUNCIL AGENDA ITEM: B-5(A-H)
CITY OF ATASCADERO MEETING DATE: 6-28-94
Through: Andy Takata, City Manager
via: Henry Engen, Director of Community Development V
From: Valerie Humphrey, Engineering Divisio lbo
SUBJECT:
Annual Assessment charges for Street Maintenance Districts.
RECOMMENDATION:
Staff recommends that Council approve the attached resolutions
authorizing the annual assessment rate for the following Street
Maintenance Districts:
83-1 Lobos Lane 86-1 Falda Avenue
83-2 Sonora/Pinal 86-2 Pinal/Escarpa
83-3 Maleza Avenue 86-3 Aguila Avenue
84-1 San Fernando 86-4 Cayucos Avenue
BACKGROUND:
Street surfacing was done in all of these districts under the
provisions of the Streets and Highways Code. The estimate of
$20. 00 per parcel is based upon accomplishing minor maintenance
work during the 1994-95 fiscal year.
It is required that this special tax rate be established by
resolution in order to appear on next year's property tax roll.
FISCAL IMPACT•
Pursuant to the provisions of these resolutions, all funds
received by the City Treasurer from the Tax Collector shall be
deposited into funds established for each specific maintenance
district.
Enclosures:
Resolution 47-94 Aguila Avenue
Resolution 48-94 Pinal-Escarpa Avenues
Resolution 49-94 Cayucos Avenue
Resolution 50-94 Falda Avenue
Resolution 51-94 Lobos Avenue
Resolution 52-94 Sonora-final Avenue
Resolution 53-94 Maleza Avenue
Resolution 54-94 San Fernando Road
10000101-61
RESOLUTION NO. 47-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-3 AGUILA AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-3; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 86-3 ; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 86-3, said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the 1st day of
July, 1994, and ending the 30th day of June, 1995.
Section 4 . The works of improvement and maintenance performed
within Maintenance District 86-3 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 86-3 Aguila Avenue" pursuant to
the provisions of this resolution and law, and said transfer shall
be made and accomplished as soon as said monies have been made
available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7. The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
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
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
•
00O0�8
SPECIAL ASSESSMENT FOR ROLL YEAR 1994/95
FUND: 1802 - ATAS AGUILA AV M/D
ASSESSMENT NO. ASSESSMENT AMOUNT
030,321,010 20. 00
031,012,016 20.00
031,012,020 20.00
031, 012,004 20.00
031,012,017 20.00
•
000029
RESOLUTION NO. 48-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS 'CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-2 FINAL-ESCARPA AVENUES
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-2; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 86-2; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
• City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20.00) per
parcel as identified in the assessment diagram for Maintenance
District 86-2, said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the 1st day of
July, 1994, and ending the 30th day of June, 1995.
Section 4 . The works of improvement and maintenance performed
within Maintenance District 86-2 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
is
000030
Section 5. The City Treasurer shall place all monies •
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 86-2 Pinal-Escarpa Avenues"
pursuant to the provisions of this resolution and law, and said
transfer shall be made and accomplished as soon as said monies have
been made available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7. The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
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
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
000031
. SPECIAL ASSESSMENT FOR ROLL YEAR 1994/95
FUND: 1083 - ATAS PINAL/ESCARPA
ASSESSMENT NO. ASSESSMENT AMOUNT
029, 111,002 20. 00
029, 111,003 20. 00
029, 111, 004 20.00
029, 111,005 20.00
029, 111,006 20.00
029,111,007 20.00
029, 111,008 20.00
000032
RESOLUTION NO. 49-94 •
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-4 CAYUCOS AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-4; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 86-4; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 86-4, said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the 1st day of
July, 1994, and ending the 30th day of June, 1995.
Section 4. The works of improvement and maintenance performed
within Maintenance District 86-4 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 86-4 Cayucos Avenue" pursuant
000033
to the provisions of this resolution and law, and said transfer
• shall be made and accomplished as soon as said monies have been
made available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7. The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
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
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
•
000034
SPECIAL ASSESSMENT FOR ROLL YEAR 1994/95 •
FUND: 1034 - ATAS CAYUCOS M/D
ASSESSMENT NO. ASSESSMENT AMOUNT
029, 212, 011 20. 00
029, 212,013 20. 00
029, 212, 023 20.00
029,261, 007 20.00
029,261, 014 20.00
029,261,019 20. 00
029,212,012 20.00
029, 212,015 20.00
029, 261,001 20.00
029, 261,012 20.00
029,261,017 20.00
00 3S
• RESOLUTION NO. 50-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-1 FALDA AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-1; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 86-1; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 86-1, said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the 1st day of
July, 1994 and ending the 30th day of June, 1995.
Section 4 . The works of improvement and maintenance performed
within Maintenance District 86-1 shall be performed' pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
000036
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City is
of Atascadero Maintenance District 86-1 Falda Avenue" pursuant to
the provisions of this resolution and law, and said transfer shall
be made and accomplished as soon as said monies have been made
available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7. The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
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
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
•
00003'"7
SPECIAL ASSESSMENT FOR ROLL YEAR 1994/95
FUND: 1805 - ATAS FALDA RD M/D
ASSESSMENT NO. ASSESSMENT AMOUNT
049,301, 004 20.00
049,301,007 20.00
049,301, 008 20.00
049,301, 017 20.00
049,301, 020 20. 00
049,301, 021 20.00
049, 302, 001 20. 00
049, 302,006 20. 00
049, 302, 007 20. 00
049, 302, 010 20.00
049, 302, 034 20.00
049, 302, 035 20.00
0000,1138
RESOLUTION NO. 51-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 83-1 LOBOS AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 83-1; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 83-1; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20.00) per
parcel as identified in the assessment diagram for Maintenance
District 83-1, said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3. The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the 1st day of
July, 1994, and ending the 30th day of June, 1995.
Section 4. The works of improvement and maintenance performed
within Maintenance District 83-1 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
000039
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 83-1 Lobos Avenue" pursuant to
the provisions of this resolution and law, and said transfer shall
be made and accomplished as soon as said monies have been made
available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7. The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
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
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
001.10,10
SPECIAL ASSESSMENT FOR ROLL YEAR 1994/95
FUND: 1704 - ATAS LOBOS LN M/D
ASSESSMENT NO. ASSESSMENT AMOUNT
029,222, 018 20.00
029,222, 019 20.00
029,222,020 20.00
029,222, 021 20.00
029,222, 026 20.00
029, 222,037 20.00
029, 231,001 20.00
029,231,013 20.00
029,231,015 20.00 ,
029,231,016 20.00
029,272,013 20.00
029,272,016 20.00
029,272, 023 20.00
029,272,024 20.00
000041
RESOLUTION NO. 52-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 83-2 SONORA/PINAL AVENUES
WHEREAS, The Council has previously approved the formation of
Maintenance District 83-2; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 83-2; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20.00) per
parcel as identified in the assessment diagram for Maintenance
District 83-2 , said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the lst day of
July, 1994, and ending the 30th day of June, 1995.
Section 4. The works of improvement and maintenance performed
within Maintenance District 83-2 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
00(10,12
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 83-2 Sonora/final Avenues"
pursuant to the provisions of this resolution and law, and said
transfer shall be made and accomplished as soon as said monies have
been made available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7. The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
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
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
0000,13
SPECIAL ASSESSMENT FOR ROLL YEAR 1994/95
FUND: 1705 - ATAS SONORA/PINAL
ASSESSMENT NO. ASSESSMENT AMOUNT
029, 121,001 20. 00
029, 121,002 20. 00
029, 121,003 20.00
029, 161, 009 20. 00
029, 171, 001 20. 00
029, 171, 002 20. 00
029, 171, 003 20. 00
029, 171,021 20.00
029, 181, 002 20. 00
029, 181,005 20. 00
029, 181, 006 20.00
029, 181,016 20.00
029, 181, 040 20. 00
029, 181, 041 20. 00
029, 181, 045 20. 00
029, 181, 046 20. 00
029, 181,051 20. 00
029, 181,052 20.00
000044
RESOLUTION NO. 53-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 83-3 MALEZA AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 83-3; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 83-3; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2. Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20.00) per
parcel as identified in the assessment diagram for Maintenance
District 83-3, said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the lst day of
July, 1994, and ending the 30th day of June, 1995.
Section 4. The works of improvement and maintenance performed
within Maintenance District 83-3 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
000045
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 83-3 Maleza Avenue" pursuant to
the provisions of this resolution and law, and said transfer shall
be made and accomplished as soon as said monies have been made
available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7. The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
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
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN
Director of Community Development
00004
SPECIAL ASSESSMENT FOR ROLL YEAR 1994/95
FUND: 1790 - ATAS MALEZA M/D
ASSESSMENT NO. ASSESSMENT AMOUNT
029, 121, 005 20.00
029, 121,006 20.00
029, 121, 007 20.00
029, 121, 019 20.00
029, 121,020 20.00
029, 131,002 20.00
029,131, 023 20.00
029, 131,025 20.00
029, 131, 026 20.00
•
0000,17
RESOLUTION NO. 54-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 84-1 SAN FERNANDO ROAD
WHEREAS, The Council has previously approved the formation of
Maintenance District 84-1; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements_ constructed within Maintenance
District 84-1; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20.00) per
parcel as identified in the assessment diagram for Maintenance
District 84-1, said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the lst day of
July, 1994, and ending the 30th day of June, 1995.
Section 4. The works of improvement and maintenance performed
within Maintenance District 84-1 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
0000118
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 84-1 San Fernando Road" pursuant
to the provisions of this resolution and law, and said transfer
shall be made and accomplished as soon as said monies have been
made available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7. The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
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
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
APPROVED AS TO CONTENT:
HENRY ENGEN, Director of Community Development
000049
SPECIAL ASSESSMENT FOR ROLL YEAR 1994/95
FUND: 1791 - ATAS SAN FERNANDO
ASSESSMENT NO. ASSESSMENT AMOUNT
049,241,008 20. 00
049,241,012 20. 00
049,241,030 20. 00
049, 241, 031 20.00
049, 241, 039 20.00
049,241, 040 20.00
049,251, 036 20.00
049,251,037 20. 00
049,251, 038 20. 00
049,271, 016 20. 00
049, 271, 017 20.00
049,271,020 20.00
049,271, 021 20. 00
049, 271, 022 20. 00
049,281, 001 20. 00
049,281, 002 20.00
049,281,003 20. 00
049,281, 004 20. 00
049, 281, 005 20. 00
049, 281,007 20. 00
049,281, 008 20. 00
049, 281, 009 20. 00
049, 281, 010 20. 00
049, 281, 011 20. 00
000050
REPORT TO CITY COUNCIL AGENDA ITEM: B-6
CITY OF ATASCADERO
THROUGH: Andrew J. Takata, City Manager MEETING DATE: 6/28/94
FROM: Brady Cherry, Director 67/
Community Services Department
SUBJECT:
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES CHILD CARE PROGRAM
LICENSING/ AMENDMENT OF RESOLUTION 29-91
RECOMMENDATION:
Approve Resolution Number 58-94, amending Resolution Number 29-91, which
authorizes staff of the Department of Community Services to apply for State Licensing of
the City of Atascadero Before and After School Program.
DISCUSSION/ ANALYSIS:
The City of Atascadero Department of Community Services offers;a Before and After
School Program at five (5) local Elementary School sites for children in grades
kindergarten through sixth grade.
State Licensing requires that the City Council pass a resolution authorizing specific staff
to represent the City of Atascadero and submit licensing applications and conduct other
routine business with the State Licensing agency. Previously, Geoff English, Recreation
Supervisor was authorized to represent the City, however, due to the assignment of the
responsibilities of the City's child care programs to Kelly Ware, Recreation Coordinator,
it is necessary to recommend amending the said resolution to also authorize Kelly Ware
as a City representative.
Kelly Ware has been an employee of the City of Atascadero in the capacity of Recreation
Coordinator for Child Care for more than one year Kelly is intimately aware of the State
licensing requirements, and is currently oversees the daily operation and supervision of
the staff of the City of Atascadero Child Care programs.
Recreation Coordinator Kelly Ware will continue to report to Recreation Supervisor Geoff
English.
000052
RESOLUTION NUMBER 58-94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
AMENDING RESOLUTION NUMBER 29-91
AUTHORIZING THE APPLICATION FOR STATE LICENSING
OF THE SCHOOL AGE CHILD CARE PROGRAM
WHEREAS, the City Council of the City of Atasc Ern lapproved, Rec ationution
Number 29-91 on April 9, 1991, which authorized Geofff gi
Supervisor of the Department ofC om Schoo Child Care Pto Pogram;for tandate Licensing of
Services
the City of Atascadero Before an
WHEREAS, the City of Atascadero Department of Community Services
conducts a Before andem, at five )elementary schd Care ool sitefor s coordirdren �at d by
ades
kindergarten through
Recreation Coordinator Kelly Ware; and
WHEREAS, the State of California Child Care Licensing agency requires that
the City Council pass a resolution authorizing and conduecific ct otherto present the routine business
sf
Atascadero and submit licensing applications
with the State Licensing agency.
NOW, THEREFORE, be it resolved that the City Council of the City of
Atascadero amends Resolution Number 29-91, authorizing Kelly Ware, Recreation
Coordinator to also act as the City's agent to apply for licensing for the Before and
After School
documents, reports,
inspections,
consultation ,Program,
accusations, to Program Site and aides.
On a motion by Council person and seconded by Council person
, the foregoing resolution is approved by the following role call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED: City of Atascadero
BY:
ROBERT NIMMO, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
Arther R. Montandon, City Attorney
000953
REPORT TO CITY COUNCIL Meeting Date: June 28, 1994
CITY OF ATASCADERO Agenda Item: B-7
Date: June 16, 1994
Through: Andy Takata, City Manager
From: Russ Scotten, Interim Finance Director le-j
SUBJECT: Adoption of FY 1994-95 Budget
RECOMMENDATION:
Council adoption of Resolution 59-94, setting the FY 1994-95
City Budget at the 1993-94 Budget amounts.
DISCUSSION
The adoption of 1993-94 Budget amounts for 1994-95 allows
staff and Council time to prepare and discuss how best to achieve
a balanced budget for 1994-95, while setting spending limits at
1993-94 levels.
Staff plans to present the 1994-95 Budget for Council
consideration by July 26th. Other non-profit Agency requests for
City funding would also be deferred until the budget is
considered by Council.
The only organizations to receive monies are those currently
contracted with.
FISCAL IMPACT:
None, as 1993-94 spending limits should be met by 1994-95
revenue until the new budget is adopted.
000054
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO APPROVING A BUDGET FOR THE
1994-95 FISCAL YEAR AND APPROPRIATING FUNDS THEREOF
BE IT RESOLVED by the Atascadero City Council as follows:
Section One: Pursuant to provisions of the Government Code,
a budget is hereby approved for 1994-95, which shall be the same
amounts as approved for 1993-94, and as may be amended by City
Council for the City of Atascadero for Fiscal Year 1994-95.
Section Two: The City Manager or his designee, may transfer
appropriations within, but not between, each of the departmental
appropriations, as required to achieve the orderly and efficient
functioning of the City; and
Section Three: The Council, from time to time, by
resolution may approve additional appropriations, as they deem
necessary.
On motion by Councilperson , seconded by
Councilperson , the foregoing resolution is
hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
ROBERT NIMMO, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
000055
REPORT TO CITY COUNCIL Meeting Date: June 28, 1994
CITY OF ATASCADERO Agenda Item: B-8
Date: June 15, 1994
Through: Andy Takata, City Manager
From: Russ Scotten, Interim Finance Director 1101,12
SUBJECT: Setting fixed billing amounts for City emergency
response to DUI collisions.
RECOMMENDATION: Council approval of Resolution No. 60-94
amending Resolution 90-92 to add:
Section 6.6 Alternate Billing Procedure
In lieu of the preceding Sections, the Finance Division may
bill for DUI recovery when a collision occurs at the following
fixed amounts:
a.. Collision without injury $175.00
b. "Collision with injury $400.00
DISCUSSION•
Resolution 90-92 as adopted September 22, 1992 contains such
elaborate detail for gathering DUI cost recovery information from
the police, fire, streets, and finance divisions that no billings
have occurred.
The fixed rates proposed above are copied from San Luis
Obispo, and would be used only when a collision is involved with
the DUI incident. These fixed rates can be substantiated by
Atascadero average Police officerresponse and report time plus
support personnel paperwork processing time per the attached
memorandum from Sandi Bartelt, Support Services Manager.
FISCAL IMPACT•
Staff estimates $3,000. to $5,000. per year can be billed
for DUI collisions.
Attachments: Resolution 90-92.
000055;
M E M O R A N D U M
TO: Russ Scotten
FROM: Sandi Bartelt
SUBJ: DUI Arrest Reimbursement
DATE: 3-16-94
Per your request, I have calculated the average police personnel time
involved in a DUI arrest, a DUI arrest with a non-injury traffic collision,
and a DUI arrest with an injury traffic collision. Please note that these
costs are conservative estimates and do not include those cases wherein
overtime is expended, prisoners are transported to SLO County Jail rather
than cited and released from APD, prisoners request and are therefore
transported to Twin Cities Hospital for blood draws rather than using the
intoxilyzer at APD, damage to police vehicles as a result of pursuits or
prisoner kicking windows, etc.
DUI Arrest
Time for officer to respond, administer field sobriety test,
bring to station for blood alcohol test, book/release prisoner,
write report: two hours
Time for sergeant to approve report: 15 minutes
Time for support personnel to process paperwork and prepare
documents for Court/DA: one hour
DUI Arrest with Non-Injury Traffic Collision
Time for officer to respond, administer field sobriety test, take
accident measurements and contact witnesses, bring prisoner to
station for blood alcohol test, book/release prisoner, write DUI
and accident report: three hours
(same as above for sergeant to approve and support personnel to
process)
DUI Arrest with Injury Traffic Collision
Time for officer to respond, administer first aid, accompany
victims to hospital, interview drivers and. witnesses, take
measurements, book prisoner, arrange for blood alcohol screening,
take accident measurements, write DUI and accident report:
four hours
Time for sergeant to approve report: 30 minutes
Time for support personnel to process paperwork and prepare
documents for Court/DA: one and one/half hour
Please note that the above do not include any time estimates for fire
personnel responding to accidents, nor do they include any vehicle
depreciation or mileage costs which are also recoverable under DUI
reimbursement.
If additional information is needed, please let me know.
000057
Addendum to Item #B-8
Meeting Date: 6/28/94
F
RESOLUTION NO. 60-94
i
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING A POLICY FOR THE
FINANCIAL RECOVERY OF COSTS OF EMERGENCY RESPONSES,
PURSUANT TO GOVERNMENT CODE SECTION 53150, ET SEQ.
WHEREAS, Government Code Sections 53150 through 53158
authorizes the City to recover costs of emergency responses to
incidents caused by drivers under the influence of 'alcohol and/or
drugs, or drivers whose conduct is intentionally wrongful; and
WHEREAS, the City Council desires to amend Resolution 90-
92 providing an alternative billing procedure to recover costs of
response to emergencies caused by drunk or reckless drivers;
NOW, THEREFORE BE IT RESOLVED, by the City Council of the
City of Atascadero as follows:
The following section is added to Resolution 90-92:
Section 6.6 Alternative Billing Procedure in lieu of the
preceding sections, the Finance Division may bill for DUI
recovery when a collision occurs at the following fixed
• amounts:
a. Collision without injury $175.00
b. Collision with injury $400.00
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
LEE PRICE, City Clerk By: ROBERT P. NIMMO, Mayor
RESOLUTION NO. 90-92
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING A POLICY FOR THE
FINANCIAL RECOVERY OF COSTS OF EMERGENCY RESPONSES,
PURSUANT TO GOVERNMENT CODE SECTION 53150, ET SEQ.
WHEREAS, Government Code Sections 53150 through 53158
authorizes the City to recover costs of emergency responses to
incidents caused by drivers under the influence of alcohol and/or
drugs, or drivers whose conduct is intentionally wrongful; and
WHEREAS, the City Council desires to amend the Atascadero
Municipal Code by' the adoption of Ordinance No. 259 approving the
implementation of a program to recover costs of response to
emergencies cause by drunk or reckless drivers; and
WHEREAS, it is appropriate to establish fees to cover the cost
of providing necessary emergency response to incidents involving
intoxicated and/or reckless drivers.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City
of Atascadero as follows:
SECTION 1. Exhibit "A A Policy for the Financial
• Recovery of Costs of "Emergency Responses", pursuant to Government
Code Section 53150, et seq. is hereby adopted.
SECTION 2. This resolution shall go into effect
immediately upon the effective date of Ordinance No. 259.
On motion by Councilperson Rudlac and seconded by
Councilperson Luna, the foregoing Resolution is hereby adopted in
its entirety on the following roll call vote:
AYES: Councilmembers Bewley, Borgeson, Rudlac, Luna and Mayor
Nimmo
NOES: None
ABSENT: None
ADOPTED: September 22, 1992
ATTEST: CITY OF ATASCADERO
By
LEER 01N,. Carty Clerk ROBERT P. NIMMO, Mayor
000058
Resolution No. 90-92
Page Two
APPROVED AS TO FORM:
ARTHER R. MON DON, Ci y Attorney
APPROVED AS TO CONTENT:
RICHARD 9. McHALE, Chief of Police
•
000059
RESOLUTION NO.
EXHIBIT "A"
Page 1
• CITY OF ATASCADERO
POLICY FOR THE FINANCIAL. RECOVERY OF
COSTS OF"EMERGENCY RESPONSES", PURSUANT TO
GOVERNMENT CODE, SECTION 53150 et seq.
Table of Contents
1.0 Overview of Policy...................................................................................................... 1
2.0 Legislative Authority (CaGC §53136) .........»......................................................... 1
2.1 California Government Code, §53156........................ ................................... 1
2.2 Costs authorized for recovery ............................................................................ 1
3.0 Criteria for the Recovery of Expenses ..................................................«........�......... Z
3.1 The incident...................................................................... ............-...:.:............ 2
3.2 An"Emergency Response"................................................................................. 2
3.3 Alcohol/drug influence or willful misconduct.................................................... 2
3.4 Filing of charges ................................................................................................. 2
4.0 Procedure for Recovery ...................................»........................................................
4.1 Initiation of reimbursement form ...................................................................... 2
4.1.1 Automatic aid responses - Fire Department ...................................
4.2 Finance Department billing............................................................................. J
4.3 Civil obligation (CaGC§53154). 3
5.0 Financial Responsibility---..--------.............................................................................. 3
5.1 Liability limitations (CaGC §53155)............................... .............................. 3
5.2 Insurance payment of expenses (CaGC §53154).............................................. .:1
6.0 Charges for an Emergency 4
6.1 Atascadero Police Department.......................................................................... 4
6.2 Atascadero Fire Department............................................................................. 4
6.3 Atascadero Streets Division............................................. . .............................. 4
6.4 Atascadero Finance Department....................................................................... 4
6.5 Civil court remedies ........................................................... .............................. 5
7.0 Uniform Enforcement/Cancellation.........-»».»....................•--«-•-•-•- •---- 3
7.1 Uniform enforcement....................................................... . .............................. 5
7.2 Debt Cancellation .............................................................................................. 5
7.3 Judicial Filings.................................................................................................... 5
7.4 Disbursement of monies..................................................................................... 5
Appendix A(Government Code Sections)........................................................................ 6
Appendix B (Financial Recovery Reimbursement Form)................................................ 3
000060
RESOLUTION .NO. 90-72
EXHIBIT "A"
Page 2
CITY
OF ATASCADERO 0
POLICY FOR THE FINANCIAL RECOVERY OF
COSTS OF"EMERGENCY RESPONSES", PURSUANT TO
GOVERINiNIENT CODE, SECTION 53150 et seq.
1.0 OVERVIEW
The purpose of this policy is to establish a procedure whereby the City of Atascadero can recover
expenses incurred by the Atascadero Police,Fire,or other City Departments due to`Emergency
Responses'. Those `Emergency Responses' having been caused by persons driving under the
influence of alcohol and/or drugs and negligently operating a motor vehicle,boat,or airplane or
whose"intentionally wrongful conduct"causes such an`Emergency Response'as outlined in the
California Government Code,sections 53150 through 53158(Appendix A).
2.0 LEGISLATIVE AUTHORITY FOR EXPENSE RECOVERY
2.1 California Government Code Section 53156
California Government Code section 53156 states: "`Expense of an Emergency
Response' means reasonable costs incurred by a public agency in reasonably making
an appropriate emergency response to the incident,but shall only include those costs
directly arising because of the response to the particular incident Reasonable costs
shall include the costs of providing Police, Firefighting, Rescue, and Emergency
Medical services at the scene of the incident,as well as the salaries of the personnel
responding to the incident"
2.2 Costs Authorized for Recovery
The above section describes costs which include,but are not limited to:
22.1 Mileage to and from the incident scene.
22.2 The cost of the wages of the officers, firefighters, and other
emergency personnel at the scene for traffic/crowd control,
investigations, fire suppression and medical aid.
22.3 The cost of the material used at the scene;flares,medical supplies,
blankets,etc.
22.4 The cost of the preparations of the reports and the follow-up
investigations.
000()Gl.
EXHIBIT "A"
Page 3
Emergency Response Financial Recovery
Page
-
making
115 The costs,including salaries,incurred by a public agency" ng
a reasonable emergency response to an incident.
1 CRITERIA FOR THE RECOVERY OF EXPENSES
3.1 The Incident
The incident, of whatever nature, must have occurred within the jurisdiction and
primary response area of the Atascadero Police Department and/or within the area
covered bythe Atascadero Fire Departmentfor primaryresponse or that area covered
under the Automatic and/or Mutual Aid fire suppressionlmedical aid responsibility.
3.2 An Emergency Response
An`Emergency Response' must have been initiated by either the Atascadero Police
and/or Fire Department(s), to which the Department(s) have the primary police
responsibility or the primary/Automatic Aid and/or Mutual Aid fire suppression/
medical aid responsibility.
3.3 Alcohol/Drug Influence or Willful Misconduct
It must be determined that the incident was caused by a person who was under the
influence of alcohol and/or drugs at the time of incident,or as a result of engaging in
"intentionally wrongful (or reckless) conduct".
3.4 Ffling of Charges
The person responsible for the incident must be charged with a violation of the
California Vehicle Code, the Penal Code, the Health & Safety Code or with an
applicable section of a Boating or Aviation code,which reflects such an alcohol/drug
influence,or a section reflecting"intentionally wrongful conduct".
4.0 PROCEDURE
4.1 Initiation of Reimbursement Form
The on-duty Police Department Watch Commander or ranking Fire Officer shall
initiate the Financial Recovery Reimbursement Form,(AppendixB)when the above
criteria is present Once initiated,the Financial Recovery Reimbursement Form shall
then be forwarded to the Police Operations Lieutenant,Battalion Chief and/or Public
Works Administrator for completion or review and subsequent routing to the Finance
Division.
000()02
RESOLUTICIV i\10. 9C-3G
EXHIBIT "4"
Page 4
Emergency Response Financial Recovery
Page 3
4.1.1 Automatic Aid/Mutual Aid Responses- Fire Department •
Should the"Emergency Response"occur outside of the city limits of the City
of Atascadero,butwithin the area covered under the Automatic Aid pact,and/
or Mutual Aid,for the Atascadero Fire Department,the Financial Recovery
Reimbursement Form will be initiated by the ranking Fire Officer. The form
will then be forwarded to the Finance Division for billing,as covered in section
4.2 below.
4.2 Finance Division Billing
The original of the form shall be forwarded to the Finance Division of the. City of
Atascadero forappropriate billingoftheresponsibleparty.Theparticipatingc�epartments
shall retain a copy of the completed form for their records. The Finance Division may
exercise the option of using a professional collections agency if deemed appropriate.
4.3 Civil Obligation
The billing procedure described constitutes a civil obligation and shall not be affected
by the disposition of any resultant criminal proceeding. (CaGC§53 154)
5.0 FINANCIAL RESPONSIBILITY
5.1 Liability Limitation
"In no event shall a person's liability under this article for the expense of an emergency
response exceed one thousand dollars ($1,000.00) for a particular incident." (CaGC
§53155)
5.2 Insurance Payment of Expenses
"The expense of an emergency response shall be a charge against the person liable for
expenses under this article. The charge constitutes a debt of that person and is
collectible by the public agency incurring those costs in the same manner as in the case
of an obligation under contract, expressed or implied, except that liability for the
expenses provided for in this article shallnot be insurable and no insurance policy shall
provide or pay for the expenses."(CaCC §53154)
000063
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 5
Emergency Response Financial Recovery
Page 4
6.0 CHARGES FOR EMERGENCY RESPONSES
6.1 Atascadero Police Department
The Atascadero Police Department will submit a bill for its Emergency Responses at
the rate of thirty-five dollars (535.00) for each patrol vehicle responding to the
emergency. In addition a charge will be billed for employees salaries,which will be
based upon their regular hourly rate plus overtime (if required) as.stipulated in the
current MOU for their classification. The hourly charge shall be for the total time of
each such employee while the employee is engaged in any necessary function relating
to the emergency.This shall include the total time spent preparing the resultant report;
including but not limited to:writing,reviewing,processing and filing of the report. The
unit charge shall cover all associated costs of the patrol vehicle inci'udiiig ordinary
supplies,mileage,and depreciation.The total bill charged shall be itemized to include
employee time and units of equipment deployed.
6.2 Atascadero Fire Department
The Atascadero Fire Department will submit a bill for its Emergency Responses at the
rate of sixty dollars ($60.00) for each piece of fire apparatus responding to the
emergency. In addition a charge will be billed for employees salaries,which will be
based upon their regular hourly rate plus overtime (if required) as stipulated in the
icurrent MOU for their classification. The hourly charge shall be for the total time of
each such employee,while the employee is engaged in any necessary function relating
to the emergency. The unit charge shall cover all associated costs of the fire apparatus
including ordinary supplies,mileage,and depreciation.The total bill charged shall be
itemized to include employee time and units of equipment deployed.
6.3 Atascadero Street✓Maintenance Division
The Atascadero Street Maintenance Division will submit a bill for its Emergency
Responses at the rate of thirty-five dollars ($35.00) for each piece of equipment
responding to the emergency. In additiona chargewill be billedfor employees salaries,
which will be based upon their regular hourly rate plus overtime (if required) as
stipulated in the current MOU for their ciassification. The hourly charge shall be for
the total time of each such employee while the employee is engaged in any necessary
function relating to the emergency. The unit charge shall cover all associated costs of
the fire apparatus including ordinary supplies,mileage,and depreciation.The total bill
charged shall be itemized to include employee time and units of equipment deployed_
Additionally, the Street Maintenance Division will submit for inclusion in the billing
process, the replacement costs for any and all damaged roadway material
(ie: guardrails, stopsigns,streetsigns,etc.).
•
000064
RESOW-TION NC. ?C
EXHIBIT "A
Page 6
Emergency Response Financial Recovery
Page S
6 A
4 tascadero Finance Division
Itwill be the responsibility of the finance division to include in the bill to the defendant,
a charge of fifty dollars ($50.00) to cover the administering, accounting, billing and
tracking costs incurred in the preparation and collecting of this debt
6.5 Civil Court Remedies
It shall be the policy of the City of Atascadero,that should any debt incurred under the
provisions of this policy become uncollectable,a civil remedy shall be sought In such
a case, the City of Atascadero shall request reimbursement for court costs and
reimbursement for the wages of the City employee(s) required in court to prove the
City's case as a part of such civil action.
7.0 UNIFORM EVF'ORCEMENTiCANCELLAMN OF DEBT
7.1 Uniform Enforcement
The provisions hereof shall be applied uniformly against all such persons charged with
a Penal Code,Vehicle Code,Health and Safety Code or other statutory violation;no
City official other than a majority of the City Council shall have authority to reduce or
cancel the debt obligation after criminal charges arising from the incident have been
approved by the District Attorney.
7.2 Debt Cancellation
The debt obligation herein shall only be excused or cancelled by the City Council after
a duly noticed public hearing.
7.S Judicial Filings
All judicial actions for judgment and collection of the debt obligation herein shall be
fled in the San Luis Obispo County Municapal Court;Small Claims Division.
• 7.4 Disbursement of Monies
All monies collected shall be placed in the City's General Fund,and shall be included
in City budget projections.
000065
REPORT TO CITY COUNCIL Meeting Date: 6/28/94
CITY OF ATASCADERO Agenda Item: B-9
Through: Andy Takata, City Manager
Via: Henry Engen, Community Development Director OC
From: Kelly Heffernon, Administrative Analyst
SUBJECT: Atascadero Mall Landscaping Project
RECOMMENDATION: That Council approve the Atascadero Native Tree
Association's proposal to landscape the median strip
located on Atascadero Mall
BACKGROUND:
Ken Meyer of the Atascadero Parks and Recreation Commission originally envisioned
the proposed landscape project and brought his ideas to the Atascadero Native Tree
Association (ANTA) for consideration. After much discussion,the Association moved
to participate in the project with the condition that only native plant species be used
in the landscape design.
For the past few months, ANTA members have been working on the project design
and financing. We currently have a landscape plan prepared by Rick Mathews, owner
of Madrone Landscapes, which the Parks and Recreation Commission recently
approved. We also secured a grant from California ReLeaf for $395 (see Attachment
A) and received a $200 donation from Jack Heninger specifically for this project.
ANTA intends to apply for another grant from California Releaf and to solicit help in
the form of funds, materials and/or labor from various businesses and community
organizations.
DISCUSSION:
The proposed project consists of landscaping the 22' x 502' median located along
Atascadero Mall near the High School entrance (see Attachment B for map). The
intent of this project is to enhance the area aesthetically as well as to educate the
public on the importance of water conservation. Currently,the median is a "spiritless"
grass strip which requires heavy watering. The project proposal includes two phases:
1
000066
PHASE I - Remove existing lawn, retrofit existing spray irrigation system to include a
bubbler emitter system, apply a thick layer of mulch, plant fourteen 15 gallon native
trees and a variety of shrubs, and install protective tree fencing. ANTA would like to
begin the project this summer and finish by December with all planting done during
the fall months.
PHASE II - Phase II includes creating a meandering path through the median, installing
benches and handicap access ramps. The feasibility of completing Phase II is
contingent upon several factors: a recommendation from the Traffic Committee on
safety and liability issues; the perceived need for maintaining the site as a high school
picnicking area; available funds.
The City's Parks Department will ultimately be responsible for project maintenance,
although ANTA will pay for any necessary maintenance materials. In the long run,
maintenance will be much less once the plants are established; the existing lawn
currently requires attention on a weekly basis.
FISCAL IMPACT:
There is no fiscal impact for approving this landscape project. All project financing
will be through a combination of grants and donations.
Encl: Attachment A: Grant Notification from California ReLeaf
Attachment B: Project Location Map
cc: Brady Cherry, Community Services Director
2
00006'7
ATTACIMENT A
C A L ! F () k V ! A
Rel AV
June 10, 1994
Kelly Heffernon
Atascadero Native Tree Association
6500 Palma Ave.
Atascadero, CA 93422
Dear Kelly:
Congratulations! The Atascadero Native Tree Association has been awarded a$395 grant from the
Job's Daughters Tree Fund for the Atascadero West Mall Landscaping project. Enclosed you will
find a check and a one-page completion report form, to be filled out and returned to California
ReLeaf once you have finished your project.
Grants were made to eight network groups, for a total of$3,160. Because we did not receive
enough qualified applications to distribute all the funds, we will be making a second round of
grants. All network groups will be eligible to apply again,including grant recipients from this
round.New guidelines and applications will be included in the July monthly mailing.
As requested on the enclosed completion report form, we would like to receive any flyers, press
releases, news clippings and other forms of publicity in which you acknowledge Job's Daughters
of California.We are also hoping to gather a collection of"before and after" pictures of the project
sites to include in our final report to Job's Daughters, as well as pictures taken during the
plantings.
Once again,congratulations, and good luck with your project!
Sincerely,
Stephanie Alting-Mees
Program Associate
TRUST
PUBLIC
LAN D
ifla L� 110 NEW MONTGOMERY STREET, THIRD FLOOR, SAN FRANCISCO. CA 94105 (415) 495-5560 FAX (415) 495-0541
L&moi ❑ 3001 REDHILL AVENUE, BUILDING 4, SUITE 224 COSTA MESA. CA 92626 (714) 557.2575 FAx (714) !/ `557-399236 8
ATTACHMENT B
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SITE
P
0 100' 200' 400'
SCALE: 1"=200' 5P
Aj#WLWNORTN COAsr ENGINEERING INC.
AQVL CWWMUo•wo SURVE 4-PRO=oeUmnu aff
715 24th St. Sults 0
Paso Robles, CA 93446
805-239-3127
805-927-8651
000069
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: D-2 (A&B)
Through: Andrew J. Takata, City Manager Meeting Date: 6/28/94
From: Arther R. Montandon, City Attorney
SUBJECT: Factory Outlet - Extension of completion date and transfer of ownership
required by assessment agreement
RECOMMENDATION:
Adopt Resolution No. 62-94, authorizing approval of the requested modification
and transfer of ownership.
DISCUSSION:
The City Manager received the attached letter from the developers of the
Factory Outlet (Camino Real Fashion Outlets Center, Ltd.). The letter requests formal
City Council action regarding the assessment agreement the City has entered into with
the developers.
The agreement was signed in mid-1993. It requires the developers to construct
the Factory Outlet. They are required to "...construct the buildings and structures
necessary to permit the project to be operative..." (Paragraph 8).. This construction
is to take place in accord with the schedule set forth in "Exhibit C" to the agreement.
Exhibit C requires the completion of construction on or before June 30, 1994.
The performance is excused if there are "...circumstances arising that are
beyond the control of the developer" (Exhibit C) or if the developer acted diligently,
and
...The delay(s) in performance are due, exclusively, to events beyond the
reasonable control of developer ("Excused Delays"). Events which con-
stitute excused delays include, but are not limited to, war; insurrection;
strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of
God; acts of a public enemy; epidemics; quarantine; restrictions; freight
embargoes or failure by the City or other governmental agencies, not, in
whole or in part, caused by developer, to timely approve plans or issue
0000'70
permits; or unusually severe weather which prohibits development. "Ex-
cused delays" shall not include delays occasioned by economic factors
(Paragraph 12).
If the deadline set forth in Exhibit C is not met and the delays are not excused,
the City "may" terminate the agreement (Paragraph 8).
In exchange for the completion of the Factory Outlet, the City is obligated by
this agreement to pay 50% of the sales tax dollars actually received from the
operation of the Factory Outlet, up to $92,000.00 per year, towards the cost of
public improvements. This cost was financed with bonds and is to be repaid over ten
years, which is also the term of the agreement.
The developers have requested in the attached letter, dated June 9, 1994, that
the time for completion be extended, "due to delays beyond their control", to
September 30, 1994. This would be an additional three months. It is my opinion that
it would be difficult, if not impossible, to terminate this agreement when the
developers have pursued the completion of the Factory Outlet, in good faith, in
reliance upon this agreement. Any litigation would involve a complete investigation
of every day of processing, approval, inspection, construction, etc., and would be
costly and time consuming. As such, I recommend that the extension be authorized.
The second request contained in the developers' June 9, 1994, letter is for City
Council's approval of a change in ownership of the Factory Outlet. Paragraph 13 of
the agreement sets forth the developers' duties and the City's rights regarding
assignment of this agreement. It states:
13. Prohibition Against Change in Ownership Management and
Control of Developers.
A. Qualifications of Developer. The qualifications and identities of
principal officers of Developer are of particular concern to the City as the same
relate to the Project. It is because of their respective qualifications and
identities that the City has entered into this Agreement with Developer.
Therefore, no voluntary or involuntary successor in interest of Developer shall
acquire any rights or benefits under this Agreement except as expressly set
forth herein.
B. Assignment Prohibited without Approval. Developer shall not
assign or transfer all or any portion of their rights, duties or obligations under
this Agreement to a third party without the prior written approval of the City;
provided, however, that the City shall not unreasonably withhold such approval
if such proposed successors have financial abilities and business experience
2
000f?'71
sufficient, as determined in the sole discretion of the City Council, to carry out
the provisions of this Agreement.
C. Effect of Approved Assignment. All of the terms, covenants and
conditions of this Agreement shall be binding upon the City, the Developer and
any lawfully approved successor in interest of Developer.
D. Definition of "Developer". Wheneverthe term"Developer" is used
herein, such term shall include any other lawfully approved successor in interest
of Developer.
E. Permitted Assignment, without Approval. Notwithstanding the
provisions of this,Section, 15, Developer shall be free to assign or transfer all
or any of the Lots included in the Project Site, without the consent or approval
of the City, to any legal entity in which the current general partners of
Developer have substantial financial interests and such general partners
continue to be obligated as primary obligors as to Developer's obligations
pursuant to this Agreement.
F. Exceptions. The prohibitions against assignment or transfer shall
not apply to any lease, dedication, grant of easement or license, financing,
deeds of trust or security interest encumbrance as to any Lot included in the
Property.
G. Assignment. Termination. The City Council may, in the event of
an assignment made contrary to the provisions hereof, terminate this Agree-
ment, forthwith.
The proposed entity to which the agreements rights and responsibilities are to
be transferred is "Atascadero Fashion Outlets, Inc." If this entity has both the
"financial abilities and business experience" as determined by the City Council, the
assignment must be approved.
As such, I recommend that these qualifications be investigated to provide the
basis for the City Council's decision. If they prove to be capable, the assignment
should be approved.
If the City Council chooses to follow my recommendation, the proposed
resolution should be adopted.
ARM:cw
Attachment: Resolution No. 62-94
S3
0000'72
REAL ESTATE ti t ,f REAL ESTATE
DEVELOPERS ` s CONSULTANTS
Golden West Development
CORP.
RF 17
June 9, 1994
0
City of Atascadero
6500 Palma Avenue ATASCADERO CITY MANAGER
Atascadero, CA. 93422
Attention: Andy Takata, City Manager
Re: Extension of Agreement between the City of
Atascadero and Camino Real Fashion Outlets
Dear Mr. Takata:
We are requesting an extension of the completion date for
the Outlet Center set forth in the agreement between the City of
Atascadero and Camino Real Fashion Outlets dated August 6, 1993,
due to delays beyond our control. We expect to have completed
the project by September 30, 1994 .
We also request formal approval of the transfer of ownership
to the new corporation, Atascadero Factory Outlets, Inc. which
we have discussed in connection with the involvement of Investec
Equities Investors whose financial capabilities have been made
known to you. As you know, we will continue to be the developers
of the project under contract with the owners and will be sub-
stantially involved financially in the project until early 1996.
We assume these matters will be on the June 28 , 1994
calendar and request that you let us know if you require anything
further from us.
We thank you and all of your staff for the continuing
cooperation we have had from the City . As you can see ,
construction is going well.
Very truly yours,
Golden West Development Corp. , General Partner
Camino Real Fashion Outlets, Ltd.
.� � '0 /""4
By.
Charles B. Voorhis
President
s
000073
7627 MORRO ROAD • P. O. BOX 961 • ATASCADERO, CALIFORNIA 93423 • (805)461-1300 FAX(805)461-0457
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MEMORANDUM
To: Arther R. Montandon, City Attorney Date: 6/28/94
From: Andrew J:Takata, City Manager
Subject: Factory Outlet - Transfer of Ownership
As per your staff report to the City Council, I have reviewed the financial records for
the proposed ownership change. In reviewing these documents, I find that the
proposed owner has sufficient funds and business history to not place this project in
jeopardy.
AJT:cw
•
000074
RESOLUTION NO. 62-94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA
AUTHORIZING THE EXECUTION OF A
FIRST AMENDMENT TO AN AGREEMENT WITH
CAMINO REAL FASHION OUTLET CENTER, LTD.
The City Council of the City of Atascadero, California does resolve as follows:
1 . The Mayor or, in the Mayor's absence, the Mayor Pro Tem is
authorized and directed to execute, on behalf of the City of
Atascadero, the attached First Amendment to an Agreement with
Camino Real Fashion Outlet Center, Ltd., and other documents
necessary to effectuate the terms and intent of this First
Amendment.
On motion by Councilmember , seconded by Councilmember
, the foregoing resolution is hereby adopted on the following roll-call vote: •
AYES:
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO
ATTEST:
By: , Mayor
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney S
0000'75
FIRST AMENDMENT TO AN AGREEMENT
BY AND BETWEEN THE CITY OF ATASCADERO
AND
CAMINO REAL FASHION OUTLETS CENTER, LTD.
The Agreement entered into on August 10, 1993, titled "Agreement by and
between the City of Atascadero and Camino Real Fashion Outlets Center, Ltd.", is
amended as follows:
1 . Exhibit C, sentence #3 is amended to read as follows:
3. Completion of construction to be on or before September 30,
1994.
2. The rights and responsibilities under this Agreement are hereby
transferred from Camino Real Fashion Outlets Center, Ltd., to
Atascadero Factory Outlets, Inc. , under the terms of Paragraph 13 of
the Agreement. The assignee shall assume all the duties under the terms
of this Agreement as the "Developer".
Dated:
• CITY OF ATASCADERO CAMINO REAL FASHION OUTLETS, LTD.
Mayor By:
Title:
ATTEST:
ASSIGNEE: Atascadero Factory Outlets, Inc.
By:
LEE PRICE, City Clerk Title:
4
MEMORANDUM TO CITY COUNCIL ITEM: D-3
DATE• 6/28/94
FROM: Brady Cherry, Director 6v
Department of Community Services
SUBJECT•
ATASCADERO LAKE PARK - PROPOSED "BEERFEST" ON SEPTEMBER 17 1994
BY ATASCADERO ELKS LODGE, NUMBER 2733
RECOMMENDATION•
It is the staff and the Parks and Recreation Commission's
recommendation that the Atascadero Elks Lodge, Number 2733 , request
to conduct a "Beerfest" at Atascadero Lake Park be APPROVED by the
City Council .
BACKGROUND•
The City is in receipt of a request (attached) from Atascadero
Elks Lodge, Number 2733 , to hold a "Beerfest" in Atascadero Lake
Park on September 17 , 1994 . The time of the event will be from
11: 00 a.m. to 4 : 00 p.m.
The event will include booths for the sampling of beers from small
"micro breweries" , food booths, and entertainment.
DISCUSSION•
Staff is familiar with this type of event, which is conducted in a
manner similar to a wine festival . Staff foresees no significant
problems or unusual circumstances.
A similar event was held in May in Avila Beach with no problems
reported.
All proper licenses to serve alcoholic beverages will be required.
The City will also stipulate that the Elks provide for adequate
security for the event. The Elks will also provide liability
insurance for the event acceptable to the City.
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c*aicacLEzo Loc�E �J Vo. 2733 :��• '®
` BENEVOLENT AND PROTECTIVE ORDER OF ELKS
"A FRATERNAL ORGANIZATION"
P.O. Box 1085
Atascadero, California 93423
April 21, 199
Mr. Andy Takata
City of Atascadero
6500 Palma ave.
Atascadero, Calif. 93422
Dear Andy;
In regards to our conversation last week regarding a _
possible fund raiser for our lodge. As I mentioned to you
we would like to put on an annual "BEERFEST" in the
Atascadero Lake Park on Sept. 17th. 1994•
We would be inviting several "MICRO BREWERYS" from northern
and southern Calif. , and also several local merchants such
as a specialty coffee shop, an ice cream shop, food vendors
and etc. We would operate it similer to the Paso Robles Wine
Festival, in which we would sell a patron a block of tickets
(10) and would be able to sample approx. 2oz. of beer from the
brewerys of thier choice. We would anticipate having live
music in the gazebo during the afternoon. We feel that this
would draw people from out of town which would mean business
for the motels and resturants . The Elks lodge has liability
insurance for this event and would also require each vendor
to furnish us with a certificate ofthier insurance.
We feel this could turn into an annual ,event for the City
of Atascadero as well as bring in addil6nal revenue for the
city and merchants. I know we have a lot of details to work
out for this project and we are hoping we can count on your
support in bringing this event into existance.
Please let us know as soon as ,possible the citys feeling
in regards to this event.
S ' r ,
B Johansen,
dge Activities Chairman.
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: D-4
From: Andrew J. Takata, City ManagerC��S_--Meeting Date: 6/28/94
SUBJECT: San Luis Obispo County Arts Council - Request for letter of support for
National Endowment for the Arts (NEA) funding application
RECOMMENDATION:
Due to the uncertainty of the State budget and how it will affect the City, staff
cannot recommend financing this venture. The City would have no objection if
monies could be raised by private sources which would not affect the General Fund.
DISCUSSION:
Attached you will find a letter from Lyndon Thomson, Executive Director of the S.L.O.
County Arts Council, requesting a letter of support for the National Endowment for
the Arts (NEA) Application. The grant program is over a three-year period, during
which the Arts Council could receive up to $100,000 per year with a matching fund
of approximately $12,500 from eight or more matching partners. The grant will not
require this money during the 1994/95 fiscal year but during 1995/96.
AJT:cw
Attachment: 6/6/94 Correspondence from SLO Co. Arts Council
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�7 3C1 Lute Obi) ,po C-IM1tY
COUNCIL
ARTS
L-- l
June 6, 1994
Dear Ccuncilmember
Thie San Luis Obispo C aunty Arts Council invites the City of San Luis Obispo to
participate in a National Endowment for the Arts (NEA) Application. This participation is
matching a portion of the application with funds to regrant out to artists and arts
organizations in your community. This application will Offer a three year regrant
program.
Each community has specific concerns ;evolving youth at risk, physically disabled, or
culturally diverse populations. The amount the city chooses to match (the NEA
application) L,viii pay artists and/or arts organizations to work with the youth, the
physically disabled, in the schools, or in after :school programs. These funds would
< ssist in Public Arts Places projects or be regranted to artists and arts organizations to
develop their skills or to pursue their mission statements. All of the above contribute
toward developing this county as an Arts Zone, defined as an arts-active community.
The amount the San Luis Obispo County arts Council is requesting from the NEA is
5300,(;00. if the grant is awarded for this or a lessor amount, It will need to be matched
by new dollars frorn municipalities and community organizations or partners_ Since we
;ar& requesting a three year program that could be $100,000 a year shared by eight or
mc),e matching partners. Each partner ould ;Hatch a fund of approximately 512,500,
giving a total of $25,000 each year to be regranted in each community.
There are two requirements made by the NEA. The first requires that the funds go to
artists and arts organizations and the second that the applications be reviewed by a
community panel. it is advisable that the partner then approve the selected applications
before awarding the funds. Each partner may sat their criteria which are then stated on
the applications distributed to artists and arts organizations.
At this tirne the San Luis Obispo County Arts Council requests a letter of support for
funds to regrant into their community to accompany the NEA application due .July 16,
1994. The application submitted to the NEA will be reviews-(j in April of 1995 and the
first set of funds WOUld need to be matched for July 1,1995.
i'ist(ji.tice Box 17;.0
San Luis obisi.Ic
California 93406
60;) 544-9'25J
rlr�rpf►,�.;rt
Don West and 1 Dave been meeting with City Gouncil members through out the county.
if we tiave not met with you please give us call as soon as possible. We are preparing
to attend city council meetings for a formal presentation and to request a letter in
support of the regrant program.
We look forward to hearing from you or we will see you soon.
Sincerely,
Lyndon Marie 'Thomson
Executive Director
i
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_ _ _ _ . _ - _ _ _ - -
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SAMPLE LETTER OF INTENT
FOR NATIONAL ENDOWMENT FOR THE ARTS
APPLICATION
The City of __supports the application to request funds from the National
Endowment for the Arts. The City intends to match a portion of these funds to be
regranted to artists and arts organizations by application and by the panel review
process.
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: D-5
From: Andrew J. Takata, City Manager `;rte Meeting Date: 6/28/94
SUBJECT: Schedule date for joint meeting with Paso Robles City Council
RECOMMENDATION:
Staff suggests scheduling a joint meeting at 7 p.m. on August 11 , 1994, at the Lake
Pavilion.
DISCUSSION:
A joint meeting with the Paso Robles City Council is proposed for the purpose of
discussing economic development, solid waste and other issues concerning the north
county.
AJT:cw
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: D-6
From: Andrew J. Takata, City Manager C Meeting Date: 6/28/94
SUBJECT: Schedule hearing on Chicago Grade Landfill Issues
RECOMMENDATION:
As requested, after reviewing several dates, staff suggests scheduling a hearing on
August 23, 1994.
DISCUSSION:
Council could hear the Chicago Grade Landfill issues at any meeting in July or August,
but due to the joint meeting with the Paso Robles City Council proposed for August
11 , at which there will be discussion on some of the solid waste issues, staff is
recommending August 23rd. In addition, Wil-Mar Disposal has been advised by their
legal counsel not to take part in any public discussions regarding the landfill until at
least after a preliminary hearing in mid-July regarding Chicago Grade Landfill's request
for injunction. Therefore, discussions regarding the landfill would not be productive
without the active participation of Wil-Mar Disposal. Following the preliminary
hearing, Wil-Mar will be able to present figures concerning the cost of hauling solid
waste to Paso Robles.
AJT:cw
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RECYCLING & DISPOSAL SERVICES
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5885 Traffic Way,Atascadero CA 93423
805.466-3636 FAX 805-466-3740
ASCADERO CITY MANAGER
June 22 , 1994 L4TAURO
Andy Takata
City Manager
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
RE : Paso Robles Landfill Issue
Dear Andy:
This is to advise you that Wil-Mar Disposal Company,
Inc . , has been named as Real Party in Interest in the lawsuit
brought by Chicago Grade Landfill, Inc . , against the City of Paso
Robles . As a result of this action, Wil-Mar must respectfully
decline to participate in any public discussion regarding landfill
issues on advice of counsel .
A preliminary hearing on Chicago Grade' s request for
injunction will take place in mid-July. We cannot , of course,
predict the outcome .
Should you, Mr. Montandon, or any members of the Council
wish to meet with Wil-Mar representatives, we would be pleased to
accommodate you.
Respectfully,
Thomas R. Walters
President
Wil-Mar Disposal Company, Inc .
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ATASCADERO-TEMPLETON-SANTA MARGARITA
Vprimed onrecycled stock
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DAVID K. SMITH LATASCADE _�
RF11;11?1) PUI31,1CACCOUNTANT
5811TRAFFICWAY • P.O. WX 6002
AFASCADFRO, CALIFORNIA 93423TEL I'r110NF: (805) 466-8800CCFAX: (805) 466-4947 MANAGER'
June 22, 1994
Andrew J. Takata
City Manager
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Dear Mr. Takata:
In an attempt to keep you and the Council informed relative to the company's decision to
transport waste to the Paso Robles Landfill, Mr. Walters, the general manager of Wil-Mar
Disposal Company, Inc., has requested that I make cost statements available to you at the
earliest date. In co-operation with the staff at Wil-Mar Disposal Company, Inc., my office
will prepare comparative information showing the cost of dumping and the truck and
personnel costs of transporting to the two different locations.
The Company began preliminary test dumping at the Paso Robles site in mid-May 1994.
Regular dumping was started the first of June, with more complete record keeping
performed. It is our expectation that the June data, along with that of early July, will allow
initial comparative numbers to be developed.
As more complete data becomes available, we should be able to provide you with
supplementary information, in addition to the preliminary reports we expect to have ready
in early August. The partial information from the May operations appears to support the
original cost estimates made by the Company.
Yours truly,
Da 'd Smith
vi
Certified Public Accountant
cc: T. Walters
B. Sanders
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: D-7
Through: Andy Takata, City Manager Meeting date: 06/28/94
From: Henry Engen, Community Development Director
SUBJECT•
Adoption of an ordinance for the establishment of road assessment
charges for any future new building sites in Atascadero Street
Improvement Project No. 1992 (Las Encinas and 3-F Meadows ) .
RECOMMENDATION•
Approval and adoption of Ordinance No. 279 on second reading.
BACKGROUND•
On June 14 , 1994, the City Council conducted a public hearing on
the above-referenced subject. The Council approvedOrdinance No .
279 on first reading.
HE :ph
Attachment: Ordinance No. 279
ORDINANCE NO. 279
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING SPECIAL ASSESSMENT USE CHARGE FOR
ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992
(LAS ENCINAS AND 3-F MEADOWS)
WHEREAS, the City of Atascadero (the "City" ) pursuant to
Resolution no. 131-92 has heretofore initiated proceedings under
the Municipal Improvement Act of 1913, being Division 12 of the
California Streets and Highways Code, for the construction of
certain street improvements in the City of Atascadero Street
Improvement Project No. 1992 (the "Assessment District" ) , the
boundaries of which Assessment District are shown on a map entitled
"Boundary Map, City of Atascadero, Street Improvement Project No.
1992, Area No. 1-3-F Meadows and a map entitled "Boundary Map,
City of Atascadero, Street Improvement Project No. 1992 , Area No.
3-Las Encinas" , (collectively the "Boundary Map" ) ; and
WHEREAS, pursuant to Resolution No. 98-93, the City issued
bonds (the "Bonds" ) under the Improvement Bond Act of 1915, being
Division 10 of the California Streets and Highways Code to provide
for the construction of certain public street improvements (the
"Street Improvements" ) within the Assessment District, as more
particularly described in the Engineer' s report, which report is on
file in the office of the City Clerk (the "Engineer ' s Report" ) ; and
WHEREAS, the Engineer' s Report contains, among other things,
the amount of assessment attributed to each individual parcel
within the Assessment District on the basis of the special benefit
calculated to be derived by each such parcel (the "Assessment
Parcels" ) ; and
WHEREAS, pursuant to Section 2 of the Engineer' s Report, the
method for calculating the special benefit to be derived by each
Assessment Parcel was determined on the basis that each parcel
served in proportion to the total number of parcels serviced in the
Assessment District (the "Method of Assessment" ) ; and
WHEREAS, the Bonds were issued on September 14, 1993 in the
aggregate principal amount of $903, 356 . 13, and the principal and
interest sufficient to meet the annual debt service on the Bonds is
included on the regular County of San Luis Obispo tax bills sent to
owners of Assessment Parcels within the Assessment District against
which there are unpaid assessments; and
WHEREAS, the intent of this Ordinance is to require that each
landowner or potential landowner within the Assessment District
bear his or her fair share of those Assessment District costs
properly attributable to an increased intensity of use.
�1�?1 Ft►1..�
Ordinance No. 279
Page 2
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Atascadero, as follows :
Section 1 . Council Findings
1 . That the City shall collect, in addition to all other charges
of the City, a special assessment use charge for any lot or
parcel within the boundaries of the Assessment District which
was not assessed as part of the Assessment District proceed-
ings, and which was either created prior to the adoption of
this resolution or subsequently hereafter for the purpose of
being developed into a single family residential dwelling unit
(the "New Assessment Parcel" ) .
2 . That the City of Atascadero Public Works Department shall
calculate the assessment on each New Assessment Parcel
according to the Method of Assessment set forth in Section 2
of the Engineer' s Report, thereby charging each New Assess-
ment Parcel for its fair share of the street improvement costs
as though it had been originally assessed for the Bonds .
3 . That the special assessment use charge shall be collected in
cash at the time of being issued a building permit, and each
said special assessment use charge collection shall be applied
pro rata to the reduction of all assessments within the
Assessment District in accordance with the provisions of
Section 10427 of the Streets and Highways Code of the State of
California.
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 the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 3 . Effective Date .
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage .
Ordinance No. 279
.Page 3
On motion by and seconded
by the foregoing Ordinance is
approved by the following role call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By:
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN
Community Development Director