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HomeMy WebLinkAboutAgenda Packet 06/28/1994 * PUBLIC REVIEW COPY 'lease do not remove from counter 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 -AF Pi20.1EGT Q� 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 s 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. BC:kv a: alp. pk7 I n n/ 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 s �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 s _ _ _ _ . _ - _ _ _ - - s 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 i RECYCLING & DISPOSAL SERVICES �A [) I, J( AD 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 . TRW/Ihd ATASCADERO-TEMPLETON-SANTA MARGARITA Vprimed onrecycled stock i 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