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Agenda Packet 10/27/1994
i PUBLIC REVIEW COPY Tease do not remove from coun AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM Thursday, October 27, 1994 7:00 P.M. * NOTE: MEETING DATE CHANGED FROM REGULAR SCHEDOLE This agenda is prepared and posted pursuant to the requirements of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action ident0ed in the brief general description of each item, the action that may be taken shall includo: A referral to staff with specific requests for information; continuance; specific dir*ction to staff concerning the policy ormission of the item;discontinuance of consideration►;authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and, disapproval. Copies of the staff reports or other documentation relating to each iteira of business referred to on the agenda are on file in the office of the City Clerk (Room X08) and in the Information Office (Room 103), available for public inspection during Cit} Hal/ business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need speci4l 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 providie accessibility to the meeting or service. RULES OF PUBLIC PARTICIPATION: PLEASE SEE BACK PAGE CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL COMMENTS o Proclamation: "National Hospice Month", November, 1991,4 (Hospice of San Luis Obispo County) COMMUNITY FORUM: Please see Rules of Public Participation (Back Page) i A. 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 - October_11, 1994, 2. CITY TREASURER'S REPORT - August, 1994 - 3. TPM 94001, 8500 PORTOLA RD. - Acceptance of final parcel map to divide an existing 1 .35 acre (gross)lot into two (2) parcels of 0.54 and 0.68 acres (net) for single family residential use (Maxson/Wilson Land Surveys) 4. RESOLUTION NO. 107-94 - Authorizing the execution of an agreement with Associated Traffic Engineers for Design of Traffic Signal at EI Camino Real and State Hospital entrance 5. RESOLUTION NO. 108-94 - Authorizing City Manager to execute tax compli- ance questionnaires for Proposition 116 bond funds 6. RESOLUTION NO. 109-94 - Designating a stop intersection on Santa Ynez Ave. at Curbaril Ave. 7. RESOLUTION NO. 110-94 - Designating a stop intersection on Santa Rosa Rd. at the overpass with Highway 101 8. RESOLUTION NO. 111-94 - Designating a stop intersection on Santa Barbara Rd. at Atascadero Ave. 9. RESOLUTION NO. 112-94 - Adopting an amended City Conflict of Interest Code 10. RESOLUTION NO. 113-94 -Authorizing the execution of Program Supplements under the State-Local Transportation Partnership Program Agreement No. SLTPP-5423 (Las Encinas, 3F Meadows and Camino Real Assessment Districts) B. PUBLIC HEARINGS: 1. GENERAL PLAN STUDY SESSION - Review of Urban Services Line policies and possible initiation of amendments to the Land Use Element (Cont'd from 8/9/94 Council meeting to allow evaluation of cost estimates for environmental impact report and related expenditures) 2 C. REGULAR BUSINESS: No items scheduled D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1 . S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 4. Economic Round Table 5. Finance Committee 6. Highway 41 Realignment Community Advisory Committee E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager • F. CLOSED SESSION: 1. CONFERENCE WITH LABOR NEGOTIATOR: Negotiator: City Manager Employee Organizations: Service Employees International Union, Atascadero Police Officers Association, Atascadero Sergeants Service Organization, Atascadero Safety Technicians Organization,Mid-Management Bargaining Unit, and Management Bargaining Unit 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Employee: Police Officer • 3 RULES OF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments as a citizen. To increase the effectiveness of your participation, please familiarize yourself with the following rules of decorum: o Members of the audience may speak on any item on the agenda, in the order the item(s) are addressed.by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). o Persons wishing to speak should step to the podium and state their name and address, for the official record. o All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. o No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. o A person may speak for five (5) minutes. . o No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. o Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. o The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM: o The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. o A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. o State law does not allow the Council to take action on issues not on the agenda; staff may be asked to follow up on such items. "NATIONAL HOSPICE MONTH" November, 1994 WHEREAS, 1994 is the loth Anniversary of Hospices Light Uy a L�e Memorial Tree Lighting grogram, which remembers and honors loved ones in the community; and WHEREAS, Hospice is aunique humanitarian organization giving over 9,000 volunteer hours last year of quality care for the terminally ill; and WHEREAS, in 1992-93 Hospice provided hospice care to over 300 in-home patients and their families; and WHEREAS, in 1992-93 Hospice provided bereavement counseling services to over 1000 individuals in our communities; and WHEREAS, Hospice care relies on the knowledge, skills and compassion o f a full team o f yrofessionals and volunteers, including yhysicians, nurses, counselors, therapists and clergy to hep yatients and their families cope; and WHEREAS, Hospice care offers a uniquely effective and economical alternative to unnecessary institutionalization for many terminally ill yeople; and WHEREAS, Compassionate yrofessionals and volunteers yrovide appropriate competent care in an environment suitable to one's yersonal individuality; and WHEREAS, November is "National Hospice Month-. NOW, THEREFORE, I David Bewley, hereby recognize the special contributions of Hospice of San Luis Obispo County, Inc. and the Home Health Agency Hospice Program o f San Luis Obispo County for their collaborative efforts in yroviding comprehensive hosyic care to the City o f Ataseadero. R. DAVID BEWLEY, Mayor City of Atascadero, California October 27, 1994 a RECEIVED .nF"i r 6 199 HOSPICE '.- September 21, 1994 City of Atascadero Mayor Dave Bewley 6500 Palma Avenue Atascadero, CA 93423 Dear Mayor Bewley, This year marks the tenth anniversary of Hospice's Light Up A Life Memorial Tree Lighting program. We are thrilled with the response from the community and the increasing numbers of people who attend the ceremonies. Last year, over 3,000 families remembered and honored loved ones with lights on their community's Hospice Tree. Thank you so much for your support and participation in this heartwarming program. I look forward to meeting you at the Light Up A Life Mayors'Luncheon, which will be at the Madonna Inn Garden Room on Friday,November 18th, from noon to 1.30 pm. This annual luncheon gathers Hospice supporters countywide and includes an impressive group with eight mayors, members of the Board of Supervisors, and key business and community leaders in attendance. Enclosed is a sample proclamation acknowledging November as National Hospice Month. Please bring vour proclamation with you to present at.the luncheon. Thank you so much for your representing your city in this important Hospice event. Sincerely, M tAiv,�J Marcy Adams Director of Education 9/21/942works/hospiceAual/mayor94 Hospice of San Luis Obispo County, Inc. 1432 Higuera Street San Luis Obispo, CA 93401 0 805/544-2266 Agenda Item: A-1 Meeting Date: 10/27/94 ATASCADERO CITY COUNCIL OCTOBER 11, 1994 MINUTES The Mayor called the meeting to order at 7:03 p.m. Councilperson Johnson led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Carden, Highland, Johnson, Luna and Mayor Bewley Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Steve DeQamp, City Planner; Art Montandon, City Attorney; Brad Whitty, Finance Director; Bud McHale, Police Chief and Steve Sylvester, City Engineer COUNCIL COMMENTS: Mayor Bewley welcomed back Councilman Carden from his vacation. PRESENTATIONS: Mayor Bewley presented a plague of appreciation to Mrs. Priscilla Berger in honor of her late husband Jim Berger for his service on the City's Planning Commission. Mayor Bewley recognized Tom Bench, Diana Cooper, Ken Meyer and Karen Coniglio for serving on the City's Parks & Recreation Commission. He presented plaques to Diana Cooper and Ken Meyer. (Tom Bench was not present dud to a class conflict; Karen Coniglio was not present to accept). CC 10/11/94 Page 1 PROCLAMATION: Mayor Bewley read the proclamation for "Red Ribbon Week" and presented it to Tom Is Sullivan. Mr. Sullivan reported on the theme of this year's Red Ribbon Week ("Karla's World") and presented each member of the Council with a T-Shirt. COMMUNITY FORUM: Patricia Johnson, speaking for her husband Walter and herself, requested a response from Council regarding their offer to sell to the City of Atascadero the historic building located at 5815 Traffic Way. She noted that they were offering the City the opportunity to buy what was the old fire station before placing the property on the open market. Members of Council indicated that although there is an .interest, the City's financial situation will not allow them to make any financial commitment. The City Manager advised that this matter was not on the agenda and suggested that the Council may wish to address it as an agenda item during the mid-year budget review early next year. Mayor Bewley suggested to Mrs. Johnson that she sell if she has the opportunity. Ray Jansen, 6655 Country Club Drive, asked all to support the publication, The Planetary Connection. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - September 27, 1994 2. APPROVE PAYMENT OF AUDITED BILLS AND PAYROLL FOR THE MONTH OF SEPTEMBER, 1994 3. COMMUNITY SERVICES FOUNDATION A. Resolution No. 105-94 - Amendment to Res. No. 89-91 , Atascadero Community Services Foundation B. Resolution No. 95-94 - Appointing five members-at-large to the Atascadero Community Services Foundation, Inc., Board of Directors 4. RESOLUTION NO. 106-94 - Authorizing the execution of an agreement with Yakima Compost Co., Inc., for biosolids management and disposal/reuse services Councilmember Highland made a correction to page 7 of the Minutes of September CC 10/11/94 Page 2 27, 1994 to clarify the address of speaker, Rose Flaherty. MOTION: By Councilmember Highland, seconded by Ctouncilmember Luna to approve Items #A-1 (as amended) through 4; motion passed 5:0 (Note: Councilman Carden abstained on Item #1 due to absence). B. PUBLIC HEARINGS: 1. TENTATIVE PARCEL MAP 94001, 8500 PORTOLA ROAD - Consideration of a tentative parcel map application to divide an existing 1 .35.-acre (gross) lot into two parcels of 0.54 and 0.68 acres (net) for single family residential use (Maxson/Wilson Land Surveys) (cont'd from 9/27/94) Steve DeCamp summarized the application and provided background. He reported that findings and conditions of approval (presented as an addendum to the staff report) have been revised and are being recommended for approval. He also noted that a subdivision improvement agreement approved by the '','City Attorney was included in the packet for consideration. Staff responded to '',,questions from the Council regarding recordation of the map and conditions of the subdivision improvement agreement. Councilmember Luna referred to a citizen's petition opposing Condition #17 relating to road improvements filed with the City Clerk's office. He reiterated concern that when road improvements are needed on Portola Road there will not be adequate funds available to construct them. He reiterated support for establishing a funding mechanism to secure monies to install the improvements in the future. Council- member Johnson remarked that he conceptually agrees, however, because there is no immediate plan to widen Portola Road he questions whether'it would be wise to require the applicant to bond for the improvements at this time He added that he was not in favor of widening only one small portion of the road.'`. Mayor Bewley remarked that while a walkway may be needed o'n Portola, he would not like to see the road widened. Councilman Carden concurred and stated that a wider driving surface may result in increased driving speeds. He pointed out that the applicants agree to contribute to an in-lieu fee for sidewalks and commented that this is appropriate to ensure pedestrian safety. Councilmember Highland spoke in favor of supporting the Circulation Element and asserted that if the City continues to make exceptions to it then the document has no significance. CC 10/11/94 • Page 3 Councilmember Luna declared that it remains prudent to set up a fund in anticipation of future subdivisions so that the taxpayer does not have the financial burden of paying for improvements. The City Attorney advised that in-lieu development fees can be imposed on all new construction and explained that the amount is set by how much the unit or development impacts the City. Public Comments: Ken Wilson, representing the applicants Marlin and Marcella Maxson, spoke in support of the tentative parcel map and requested that Condition #17 be deleted as was recommended previously by the Planning Commission. He explained that it would be cheaper for his clients to build the road than to put up the bond. He also confirmed that the applicants have agreed to contributing $25 per foot towards sidewalk improvements. ---End of Public Testimony--- Responding to Councilmember Luna's inquiry,the City Attorney explained that it may indeed be more advantageous for the applicant to construct the improvements now with some monetary certainty rather than waiting until the City has established the in-lieu fee. He proposed that, as an alternative, the City can accept an Irrevocable Offer to Dedicate and accept the in-lieu fee for the sidewalk. He added that the only other costs the City would incur for future street expansion and construction would be grading and asphalt. Steve Sylvester emphasized that, if the City Council agrees to give direction to staff to not require full improvement, an exception is being made on this particular property in this specific area. It is important to note, he added, that the Council is not establishing a policy whereby no road improvements will be required for some other parcel map for another area with a different set of circumstances. Having said that, the City Engineer proposed that Condition 17 be revised as follows: "The parcel map shall include dedications as follows: (Delete "a. " and rep/ace with the following ): a. (formerly "b. ") Slope easements shall be provided as needed to accommodate cut or fill slopes. b. (formerly "c".) A 10' offer of dedication shall be provided along Portola Road contiguous to the property frontage. Said offer of dedication shall be recorded prior to or in conjunction with the recordation of the Parcel Map." The applicant's representative agreed to the amended condition. MOTION: By Councilman Carden, seconded by Councilmember Johnson to approve the tentative parcel map and modify Condition #17 as recommended; motion approved 5:0 by roll call vote. CC 10/11/94 Page 4 Council requested that staff expedite the matter and bring the finel map back for final approval at the next meeting. Steve Sylvester reported that it typically takes 4 to 6 weeks to prepare and record the map but indicated staff would try to meet the Council's request. There was consensus that staff is to continue working on establishing a funding mechanism to secure fees in-lieu', for development improvements. C. REGULAR BUSINESS: 1. 1993-1994 REPORT AND 1994-95 GOALS OF THE ADVISORY BODY TO THE S.L.O. COUNTY MASTER PLAN TO REDUCE DRUG & ALCOHOL ABUSE Tom Sullivan, Chairperson of the San Luis Obispo County Master Plan Advisory Board, presented an overview of the goals and objectives of the County's Master Plan to reduce drug and alcohol abuse. Susan Mullen, Vice-Mayor of the City of Morro Bay, highlighted the contents of a packet of information supplied to members of the Council and staff. Included, she noted, is a model alcoholic beverage outlet conditional use permit 'ordinance and other information regarding effective use of local planning and zoningk powers to prevent problems related to alcohol outlets. Ms. Mullen requested that the City Council review the Master Plan and related information and pass it on to the Planning Commission and others. She encouraged all to provide comments in writing and suggested that the City sponsor, in conjunction with the North County Connection, a public workshop relating to drug and alcohol issues. Ms. Mullen also urged the Council to consider adopting a resolution encouraging a clean and sober lifestyle and a drug free work place. She mentioned that a sample resolution will be available soon. There was consensus to pass the information on to the Planning Commission, the Parks& Recreation Commission, to the Police Department and other members of staff. Staff will seek to coordinate a community workshop. Public Comments: Eric Greening, 7365 Valle, expressed appreciation to members of the board for their efforts and asked Sue Mullen whether or not the board had studied the impact card rooms and other establishments may have on alcohol and drug use. He stressed that everyone can assist by modeling a lifestyle of non-addictive behavior. Ms. Mullen reported that the committee had not looked at whether there is a correlation between card rooms and substance abuse. She added that the focus had been on alcohol outlets and the use of alcohol in public places. CC 10/11/94 Page 5 ---End of Public Testimony--- Councilmember Luna asked Sue Mullen what kinds of programs are the most successful. Ms. Mullen replied that, from a city perspective, the use of diversion rather than incarceration proves to be more effective. She also explained that appropriate training for those who work in alcohol establishments is also necessary. Councilmember Luna asked if any public workshops have been scheduled in the County- -ue Mullen.reported that the City of Morro Bay is planning one for the month of January 1995. By consensus, the Council directed staff to bring back a resolution as recommended by Ms. Mullen. The Mayor called a break at 8:20 p.m. The meeting was reconvened at 8:36 p.m. 2. SALINAS RIVER AREA PLAN - Discussion and direction to staff relative to forwarding additional comments to the County on this draft plan Steve DeCamp introduced the item and responded to brief questions. Council comments followed regarding proposed plans for expanding Highway 101 to six lanes (Cuesta Grade north to Paso Robles). Councilmember Luna proposed that the City send a letter to the County urging assurance that infrastructure will precede or coincide with the development that makes the improvements necessary. He asserted that it is important to send a message to the County and to Caltrans that all freeway interchanges in Atascadero are deficient. Councilmember Highland agreed and remarked that the County should promote a better job and housing balance rather than a six lane freeway. Councilmember Johnson pondered whether inter-modal transportation was taken into account and observed that rail may mitigate some of the commuter congestion. Councilmember Luna added that inter-modal and public transportation provide better alternatives to more and/or wider roadways. Public Comments: Eric Greening, representative on the Citizens Transportation Advisory Committee, reported that work on the Plan's EIR is under way. He explained that there are four alternatives to chose from: #1 - No change, #2 - Minor improvements, #3 - the CC 10/11/94 Page 6 addition of a truck lane, and #4 - expansion to six lanes. He encouraged the City Council to let the Board of Supervisors know as soon as possible how it feels about the proposed expansion of Highway 41 . ---End of Public Testimony--- By mutual consent, staff was directed to draft a letter to the County Board of Supervisors asking forassurance that Highway 101 expansion plans include necessary improvements to infrastructure. The matter will comeback for final Council approval 3. ORDINANCE NO. 281 - Amending the official Zoning Ordinance text to allow "business and vocational schools" in the Commercial Professional (CP) Zones (Recommend motion to adopt on second reading by title only) There were no questions or comments. MOTION: By Councilmember Highland, seconded by Councilmember Johnson to adopt Ordinance No. 281 on second reading; motion carried 5:0 by roll call. 4. DISCUSSION: CANCEL/RESCHEDULE OCTOBER 25, 1994 MEETING Andy Takata reported that members of the Council and staff would be attending the League of California Cities Annual Conference in Long Beach October 23rd to the 25th. Because of this, he explained, staff is recommending that the regular meeting of October 25th be postponed to October 26th or 27th. Council consensus was to re-schedule the meeting for Thursday, October 27th at 7:00 P.M. D. 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 Govern ments/S.L.0. Regional Transit Authority - Councilmember Johnson reported on the meeting of October 5th and announced that there will be no meeting in November. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilmember Highland noted that he had requested staff to bring back an ordinance staggering the terms of the members of the Parks and Recreation Commission. Staff confirmed that the matter will be coming forward. CC 10/11/94 Page 7 Mayor Bewley announced that John Vial has resigned from the ad hoc committee formed to study the building permit process. He explained that the committee's work is halfway through and therefore he is not recommending a replacement. By mutual consent, no direction was given to replace Mr. Vial. 2. City Attorney Art Montandon reported' on the September 29, 1994 California Court of Appeals opinion on the O'Keefe v. -City of Atascadero case. He explained that the City prevailed and court costs were awarded. .. The City Attorney noted that he is conducting research to bring back recommendations regarding recovery. Councilman Carden asked also that the City. Attorney determine if the case could be considered a "frivolous lawsuit" and suggested that, if so, the City pursue it vigorously. 3. City Treasurer Micki Korba indicated that the August Treasurer's Report will be on the next agenda. She also mentioned that she had provided each councilmember with a copy of future projections for the Orange County Investment Pool. At 9:07 p.m., the Mayor adjourned to Closed Session. F. CLOSED SESSION: . CONFERENCE WITH LABOR NEGOTIATOR: Negotiator: City Manager Employee Organizations: Service Employees International Union, Atascadero Police Officers Association, Atascadero Sergeants Service Organization, Atascadero Safety Technicians Organization and Mid-Management Bargaining Unit Closed Session was adjourned at 10.00 p.m. The City Council discussed labor negotiations with the City Manager and gave direction. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, OCTOBER 27, 1994 AT 7:00 P.M. TE RE RD AND PREPARED BY: LEEP ICE, ddy Clerk CC 10/11/94 Page 8 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-2 Through: Micki Korba, City Treasurer Meeting Date: 10/27/94 From: Brad Whitty, Finance Director- SUBJECT: Treasurer's Report - August, 1994 RECOMMENDATION: Council review and accept. Attachment: Treasurer' s Report, August, 1994 s 000000 CITY OF ATASCADERO TREASURER'S REPORT FOR THE MONTH OF AUGUST, 1994 (Unaudited) GENERAL FISCAL ACCOUNT INVESTMENTS AGENT TOTAL BEGIN. TREASURER'S $440,696 $6,595, 152 $598,424 $7,634,272 BALANCE RECEIPTS 582,933 76 -0- 583,009 DISBURSEMENTS <1,299,314> -0- <106><1,299,420> TRANSFERS IN 850,000 -0- -0- 850,000 TRANSFERS OUT -0- <850,000> -0- <850,000> OTHER -0- -0- -0- -0- BALANCE $574,315 $5,745,228 $598,318 $6,917,861 DEPOSITS IN 27,762 TRANSIT CHECKS OUTSTANDING <571,413> ADJUSTMENTS 1,053 ADJUSTED TREASURER'S BALANCE $6,375,263 CITY OF ATASCADERO MURIEL C. KORBA City Treasurer a:treas-rpt #40 ALL FUNDS - GENERAL ACCOUNTIINVESTMENTS RESERVED UNRESERVED CASH (1) CASH (2) FUNDS General Fund Pooled Cash $ $ 904,531(3) Oas Tax Fund Pooled Cash 76,'';091 evelopment Fee Pooled Cash 43,.1762 A.D. #4 - Reserve Pooled Cash 49,712 Zoo Enterprise Pooled Cash < 98,'1,179> Payroll Trust Pooled Cash < 24,'1878> TRAN Repayment Pooled Cash 1,164 Donations Pooled Cash 3,''055 CDBG Economic Grant -0- 93 STBG-699 Pool Cash 16,750 93 EDBG-268 Pool Cash 6,,,676 Dial-A-Ride Pooled Cash <68,374> WasteWater Fund Pooled Cash 1,725,',917 Lake Park Pavil. Pooled Cash < 23,',,665> Aquatics Pooled Cash < 16,1484> Recreation Pooled Cash < 62,028> Tree Plant Fund Pooled Cash 33,?929 Tree Assn Fund Pooled Cash 1,f841 Sidewalk Trust Pooled Cash 45,',194 Emergency Services Pooled Cash 9,045 Police Training Pooled Cash < 4,1244> Weed Abatement Pooled Cash 9,';736 A.D. #3Redemptn. Pooled Cash 9,374 A.D. #4 Redemptn. Pooled Cash 4,768 A.D. #5 Redemptn. Pooled Cash 2,360 Camino Real Redm Pooled Cash <2,056> 402 Street A.D. Redemptn Pooled Cash 63,512 9 COP Debt Svc Pooled Cash < 29,665> apital Project Pooled Cash < 126,',030> ' 89 COP Const. Pooled Cash < 17,'436> Pol. Dev. Fees Pooled Cash < 146,'817> Fire Dev. Fees Pooled Cash 42,;081 P&R Dev. Fees Pooled Cash < 184,',496> Drain. Dev. Fees Pooled Cash 410,';658 Amapoa-Tec. Fee Pooled Cash 229,''j405 Public Works Pooled Cash 415,690 St. Main. Dist. Pooled Cash 46,!230 TDA Non-Transit Pooled Cash 131,,683 Sewer Facilities Capital 1,7591375 Camino Real Const. Pooled Cash 305,865 Las Encinas Const. Pooled Cash 121,895 3F Meadows Const. Pooled Cash 70,;301 Santa Rosa A.D. #7 Pooled Cash 40,737 TOTAL ALL FUNDS 139,906 $5,637„039 CASH WITH FISCAL AGENT Camino Real Resr Cash $ 203,427 92 St. A.D. Resv Cash 45,691 Wastewater Fund Cash 69,499 Camino Real Redm. Cash 79,322 92 St. A.D. Redm. Cash 3,464 9 COP Debt Svc. Cash 196,915 TOTAL WITH FISCAL AGENT $ 598,318 TOTAL RESTRICTED AND UNRESTRICTED CASH $6,375,263 000002 INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND 8/31/94 INTEREST TIME DEPOSITS: AMOUNT RECEIVED (4) Orange County Investment Pool/TRAM $ 25,000 $ -0- Orange County Investment Pool 5,713,266 -0- Local Agency Investment Fund 6,963 76 TOTAL TIME DEPOSITS $5,745,229 76 Mid-State Interest Received 1.369 TOTAL INTEREST RECEIVED $ 1,445 (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 $1,300,000. Tax Revenue Anticipation Note (TRAM) from this fund including $59,634 interest at 4.60% per annum by July, 1995. (4) August, 1994 interest yields were as follows: 0 Orange County 7. 12% LAIF 4.82% Mid-State 2.25% (5) This is actual amount deposited to City accounts through August 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. 00000*11 REPORT TO CITY COUNCIL CITY OF ATASCADERO Item o: A.3 Through: Andy J. Takata Meeti g Date: 10/27/94 City Manager File o: TPM 94001 From: Henry Engen MIi Community Development Director SUBJECT: Acceptance of Final Parcel Map #94001 to divide an existing 1.35- acre (gross) lot into two (2) parcels of 0.54 and 0.68 acres (net) for single family residential use. Subject site is located at 8500 Portola Road (Marlin Maxson/Wilson LandSurveys) . RECOMMENDATION: Acceptance of Final Parcel Map #94001 as all conditions have been completed by the applicant. I HE:ph Attachment: Location Map cc: Marlin Maxson Wilson Land Surveys s F i E,E E 000003.1 � �` ��''!�'��!.!III • /ON 401 Mm EWA ti v t t.+► �1 � mow. I '�,. � did •�- Iii I REPORT TO CITY COUNCIL Agenda Item: CITY OF ATASCADERO Meeting Date 10/27/94 Through: Andy Takata, City Manager Agenda Item A-4 Via: Henry Engen, Community Development Director 4e From: Steve Sylvester, City Engineer SUBIECT: { Council approval of the Consultant Services Agreement with Associated Traffic Engineers for design of a traffic signal system at the entrance to the Atascadero State Hospital and authorization for the Mayor to sign the Agreement on behalf of the City. RECOMMENDATION: 1. Staff recommends that the City Council approve the submitted Agreement. i 2. Staff recommends that the City Council adopt Resolution 107J,94 authorizing the Mayor to sign the Agreement on behalf of the City when negotiations with the consultant are complete. R i DISCUSSION: i The negotiation of the Consultant Services Agreement and its preparation are in agreement with the PUBLIC WORKS PROFESSIONAL SERVICES PROCEDURE of the recently adopted PROCUREMENT AND PURCHASING MANUAL. The project is included as A-127 ECR/HOSPITAL in the FY93/94 CIP The CIP indicates design in FY94/95 and construction in FY95/96. $12,500 of ROAD/MPACT funds is reserved for this design, and is included in the current Budget. The grant of $ 87,500 of State Highway Funds for the construction i now available - much earlier than anticipated in the CIP. FISCAL IMPACT: The Agreement fee of $8,000 plus $620 to the same consultant for an intersection traffic analysis and any Change Orders to the Agreement will be paid from Ithe $12,500 of reserved ROADAMPACT funds. ATTACHMENTS: Attachment A - Consultant Services Agreement Attachment B - Resolution 107-94 9414002.ATA 000004 ATTACHMENT"A" CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, made this day of 1994, by and between the CITY OF ATASCADERO, hereinafter referred to as "City", and ASSOCIATED TRAFFIC ENGINEERS, hereinafter referred to as "Consultant". Witnesseth For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Article 1 Authorization A. Consultant will perform this Agreement in conjunction with the Purchase Order issued by the Department of Public Works. B. The following exhibits are attached hereto and incorporated herein by reference as though here fully set forth. Exhibit "A" Request for Proposal, August 19, 1994 Exhibit "B" Proposal for Design of Traffic Signal, EI Camino Real/State Hospital Entrance August 24, 1994 Exhibit "C" Fee Schedule Article 2 Responsibilities of Consultant A. Scope. Consultant will provide the following services as described herein and under Exhibit "A" for the City project hereinafter described: EI Camino Real/Hospital Signal, CIP A-127 B. Coordination. In the performance of Consultant's service under this Agreement, Consultant agrees that he will maintain such coordination with City officials as may be requested and desirable, including primary coordination with the Project 000005 Coordinator, herein designated as Steven J. Sylvester, City Engineer, and also with the following city officials: Andrew J. Takata, City Manager Henry Engen, Community Development Director C. Consultant's Services. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services and furnish the work tasks as modified by Exhibit "B", commencing with receipt of a written Notice to Proceed signed by the Project Coordinator and by the City Managor. Article 3 Responsibilities of City City shall cooperate with Consultant on all phases of the work covered by this Agreement and will make available to him, as his needs indicate, all existing maps, topographic maps, aerial photographs, soils reports, and other similar data in possession of City covering the site as selected. City shall also be responsible';for providing such staff production assistance as is specified in Exhibit "A". Article 4 Fee and Provision for Payment City will pay Consultant a fee according to Exhibit "A" as modified':by Exhibit "B", for work contracted in this agreement and billed for based on the payment schedule in Exhibit "B". Consultant shall be paid no later than thirty (30) days hollowing receipt by City of Consultant's progress report and invoice. Any additional applicable hourly rate billings as authorized in Article 5 shall be based on the Fee Schedule contained in Exhibit "C". Article 5 Payment for Extra Work or Changes Any claim for payment for extra work or changes in the work will be paid by city only upon certification by the City Manager that the claimed extra work''or change was authorized in advance by the Project Coordinator and the City Manager, and that the work has been satisfactorily completed. Claims for such extra work must be submitted by Consultant within thirty (30) days of completion of such work and must be accompanied by a statement of itemized costs covering said work. 000006 Article 6 Suspension or Termination of Agreement A. Suspension of Agreement. if Consultant fails to comply with the conditions of the Agreement, City may, by written notice of the Project Coordinator and the City Manager, suspend the Agreement and withhold further payments pending corrective action by Consultant or a decision to terminate the Agreement. After receipt of notice of suspension, Consultant may not incur additional obligations of Agreement funds during `N„, suspension unless specifically authorized by the Project Coordinator and the City ' Manager. B. Termination for Convenience. Either party hereto shall have the right to terminate this Agreement upon giving ten (10) days written notice of such termination of this project in its entirety, notwithstanding any other fee provisions of this Agreement, based upon work accomplished by Consultant prior to notice of such termination, City shall determine the amount of fee to be paid to Consultant for his services based upon the provision in Exhibit "C", and such findings of City shall be final and conclusive as to the amount of such fee. In the event of termination of any portion of this project, Consultant shall be entitled to the reasonable value of his services involved in the termination, as determined by City, upon a finding which shall be final and conclusive as to the amount of fee due and owing. Article 7 Time of Completion Consultant agrees to diligently pursue his work under this Agreement and to complete the work as described in Exhibit "A". Consultant shall not be responsible for any delay which is caused by City review, action or inaction of City and/or any state or federal agency, or acts of God, but shall be responsible for his own fault or negligence or that of any of his subcontractors. Article 8 Conflicts of Interest No member, officer, or employee of City, during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Article 9 Ownership of Data The ownership of all data collected for use by Consultant under this Agreement, together with working papers, drawings, and other materials necessary for a complete Q0000'7 understanding of the plans and necessary for the practical use of the plans shall be vested in City. Ownership of original drawings and documents shall be vested in City. Consultant may retain a copy of all work for his own use. Article 10 Covenant Against Contingent Fees Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this Agreemen`; and that he has not paid or agreed to pay any company or person, other than bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency. Article 11 Contract Personnel The work to be done pursuant to this Agreement shall be done by Associated Traffic . Engineers and such other personnel in the employ or under the supervision of Consultant who shall be approved by City. The City official who shall be vested with the right of approval of such additional personnel or outside contracting parties''shalI be the City Manager. City reserves the right to reject any of Consultant's personnel or proposed outside consultants, and City reserves the right to request that acceptable replacement personnel be assigned to the project. Article 12 Indemnity Clause Consultant shall defend, indemnify, and save harmless the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, and liabilities arising out of this Agreement or occasioned by the negligent performance or attempted negligent performance of the provisions hereof, including but not limited to, any negligent act or omission to act on the part of Consultant or his'agents or employees or independent contractors directly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of City or City's igents, servants, or independent contractors who are directly responsible to City. This indemnification provision shall apply even if there is concurrent or joint negligence of indemnitor and indemnitee, and even if there is active or passive',negligence by either or both parties. Nothing in this Article shall apply to any liability covered by Consultant's errors and omissions insurance. C10no-08 Article 13 Insurance A. Errors and Omissions Insurance. Consultant shall obtain and maintain, at his own expense, prior to commencement of the work of this Agreement, professional liability (errors and omissions) insurance, in a company authorized to issue such insurance in the State of California, with limits of liability of not less than $500,000 to cover all professional services rendered pursuant to this Agreement. Optional clause: Such insurance shall be kept in force for one (1) year beyond the date of Notice of Completion of the project a accepted by the City Council. B. Automobile and Public Liability Insurance. Consultant shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of insurance shall be not less than the following: Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination thereof in an amount not less than $500,000. The following endorsements must be attached to the policy or policies: 1. If the insurance policy covers on an "accident" basis, it must be changed to "occurrence". 2. The policy must cover personal injury as well as bodily injury. 3. Broad form property damage liability must be afforded. 4. The City of Atascadero, its officers, employees, and agents, shall be named as insured under the policy, and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by City will be called upon to contribute to a loss hereunder. 5. The policy shall contain contractual liability, either on a blanket basis or by identifying this Agreement within a contractual liability endorsement. 6. The policy shall contain "cross-liability" such that each insured is covered as if separate policies had been issued to each insured. 7. City shall be given thirty (30) days notice prior to cancellation or reduction in coverage of the insurance. 000009 C. Workers Compensation Insurance. In accordance with, the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for workers compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Agreement. D. Certificates of Insurance. Consultant shall submit to the City Manager all certificates of insurance evidencing that Consultant has the insurance required by this Agreement within ten (00) days after receipt of Notice of Award. Said certificates shall state the project number and that the policy shall not be assigned., cancelled, or reduced in coverage without thirty (30) days written notice to City, and that such insurance not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from any service or operation performed pursuant to this Agreement. Consultant shall not perform any work under this Agreement until the required insurance certificates have been submitted to City and approved by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right, at its discretion, to forthwith terminate this Agreement. Article 14 Status Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of his personnel' subcontractors be construed to be employees of City. Article 15 Non-Discrimination Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of September 24, 1965, and all other orders, regulations, and laws '';governing non- discrimination in employment, including in particular, Section 122Ga) of the State and Local Fiscal Assistance Act of 1972. Article 16 Modification of Agreement This Agreement may be modified only by a written amendment signed by both parties hereto. 000010 Article 17 Law Governing This Agreement shall be governed by the laws of the State of California. Article 18 Communications Communications between the parties to this Agreement may be sent to the following address: City: CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attn: Steven J. Sylvester, City Engineer Consultant: ASSOCIATED TRANSPORTATION ENGINEERS 100 North Hope Avenue #4 Santa Barbara, CA 93110 Attn: Mr. Keith Franklin ACCEPTED AND AGREED this day of , 19 . CITY: CONSULTANT: CITY OF ATASCADERO, ASSOCIATED TRANSPORTATION a municipal corporation ENGINEERS By By R. David Bewley, Maynard Keith Franklin, Mayor President ATTEST: Lee Price, City Clerk 000011 APPROVED AS TO CONTENT: • Steven J. Sylvester, City Engineer APPROVED AS TO FORM: Arther R. Montandon, City Attorney 9414001.ATA 1000,012 EXHIBIT A CITY OF ATASCADERO DEPARTMENT OF PUBLIC WORKS August 19, 1994 Associated Transportation Engineers 100 North Hope Avenue #4 Santa Barbara CA 93110 Attn: Mr. Keith Franklin SUBJECT: Request for Proposal Traffic Signal - EI Camino Real/State Hospital Entrance Dear Mr. Franklin: The City of Atascadero is requesting proposals for traffic engineering design services for . plans and specifications for the installation of a complete traffic signal system at the subject intersection. GENERAL DESCRIPTION OF WORK The plans, special provisions and technical specifications shall include all work necessary for the complete traffic signal system including, but not limited to; loop detectors, a modulated light signal detection system, pedestrian signals, added signage and any necessary renovation of the existing traffic striping and marking. DESIGN CRITERIA 1. As-built drawings of the recently installed traffic medians and drainage structures at the subject intersection are available from the City Department of Public Works. 2. The consultant will provide any survey data as he determines necessary. 3. The plans will be prepared on 24" x 36" mylar sheets at 20 scale and shall include border, scale, North arrow, City standard title block and appropriate references. Plans will include all details and schedules as may be necessary to construct the improvements. Street profiles are not required unless needed for . clarity. Plans will include a cover sheet and a sheet showing all standard details to be used for construction. 6500 PALMA AVENUE • ATASCADERO, CA 93422 000013 Administration/Engineering:(805)461-5020 Wastewater Treatment(805)461-5077 FAX:(805)461-7615 Mr. Keith Franklin August 19, 1994 Page 2 4. The plans shall be of such quality that they are ready to go to construction, and shall be subject to the approval of the City Engineer. 5. The plans shall show locations of all required utility, obstruction or encroachment relocations. 6. The consultant will be responsible for coordination with the'utility agencies and for required utility signatures on the plans. 7. Plans will show the locations of all existing manholes, water, valves, gas valves, fire hydrants, etc. that occur in construction areas. 8. The consultant will provide legal descriptions and exhibits for any necessary right- of-way dedications or easements. 9. The consultant will review and approve all product submittals by the Contractor. 10. Consultant to establish initial timing of signals. SPECIFICATIONS Contract Documents and technical specifications are required. Specifications shall include all necessary information for construction of the project. The City will provide the consultant with the City's standard General Conditions and Bid 'Documents in WordPerfect 5.1 or 6.0 format (or ASCII). The City will reproduce the documents for bidding purposes. CONSTRUCTION COST ESTIMATE A detailed and itemized construction cost estimate with unit quantities and costs shall be provided. An itemized bid list with quantities suitable for inclusion in the bid documents will also be provided. Plans shall be modified as requined to stay within the budgetary limits for the project. INSURANCE REQUIREMENTS The City requires that the consultant have errors and omissions insurance in the amount of $500,000.00 and general liability insurance in the amount of $1,,b00,000.00. Proof of insurance shall be submitted with the proposal. PROPOSAL REQUIREMENTS When you submit a proposal for this project, please provide three copies including the following information: Cf0004 Mr. Keith Franklin August 19, 1994 Page 3 1. A detailed statement of the scope of Work, based on the above requirements. 2. An itemized not to exceed fee for the scope of work described. 3. A statement that the proposal shall remain firm for 90 days following the submission due date. 4. A current schedule of hourly fees. 5. Current proof of insurance coverage. 6. A list of any subconsultants to be used on this project. 7. An estimate of the total time required to complete the project, with intermediate milestone tasks. All work must be completed within 45 calendar days from receipt of a Notice to Proceed. CONTRACTUAL AGREEMENT If selected, you will be required to sign a contract with the City. The City's standard Consultant Services Agreement is on file at the City Engineer's office. The agreement contains specific requirements for insurance coverages and other legal responsibilities. Submittal of a proposal will indicate consultant's acceptance of the agreement conditions. PROPOSAL DUE DATE All proposals responding to this request will be received at the Department of Public Works located in Room 308 of City Hall. Proposals may be hand delivered or mailed but must be received by 5:00 p.m. on September 16, 1994. No late proposals will be accepted. No FAX proposals will be accepted. Please direct all requests for clarification or questions to: Richard Kilpatrick North Coast Engineering, Inc. 715 24th Street, Suite O Paso Robles, CA 93446 (805) 239-3127 and FAX (805) 239-0758 Sincerely, Steven j. vester City Engineer SJS/dmv 9110250.ATA 000()15 EXHIBIT B ASSOCIATED TRANSPORTATION ENGINEERS . IIS 100 N. Hope Avenue, Suite 4, Santa Barbara, CA 93110 • FAX (805) 682509 • (805) 687-4418 Maynard Keith Franklin,P.E. Robert L. Faris,P.E. Richard L. Pool. P.E. Scott A. Schell,AICP August 24, 1994 ATE # 94584 Mr. Steven J. Sylvester City Engineer City of Atascadero 6500 Palma Ave Atascadero, CA 93422 PROPOSAL FOR DESIGN OF TRAFFIC SIGNAL, EL CAMINO REAL/STATE HOSPITAL ENTRANCE This letter responds to your request for proposals (RFP) for the subject design. Prior to preparing this proposal , we discussed the project with Richard Kilpatrick of North Coast Engineering, in order to more fully ',understand what will be required. He indicated that the City has budgeted $8q,000.00 for the construction of this signal . He also indicated that although ';,not required in the RFP, it may be necessary to determine the adequacy of the left turn storage lengths in the recently installed raised medians, sinco the southbound pocket seems short for the traffic demand. Installation of a traffic signal will add to the delay of the left-turning vehicles, and may cause the queue to extend into the No. 1 through lane. If lengthening of the pocket is required, this could increase the cost slightly, although the current budget seems more than adequate for a "T" intersection signal . We only raise this issue because of the statement in the RFP that the consultant should r6vise plans as necessary to achieve a project within the budget. Since the study of traffic conditions and review of storage ''lengths was not included in the RFP, we will address this issue during contract negotiations. The cost of such analysis will be dependent upon whether thele are existing current a.m. and p.m. peak hour turning movement counts at the intersection. . We understand that the peak left turns occur when the hospital,' shift changes. The cost of design of median revisions will be dependent upon several factors, including the extent of required construction, and the necessity to provide profile surveys to assure drainage. Engineering . Planning . Parking . Signal Systems . Impact Reports . Bikeways . Transit Mr. Steven J. Sylvester Page 2 August 24, 1994 PRON-6AL Associated Transportation Engineers (ATE) proposes to furnish engineering and related technical services necessary to complete the plans, -specifications and estimate for the subject traffic signal installation, with such necessary signs and striping as may be required to accommodate the installation. A list of the services which will be provided is as follows: 1 . Assemble all data related to the project . Visit project site. Discuss the proposed project with City and affected utility officials. 2. Prepare plan cover sheet to City standards, showing project location and referenced Caltrans Standard Details. 3. Prepare traffic signal plan at 1 = 20 showing existing and proposed street improvements and utilities, based on the as-built drawings supplied by the City, supplemented by field review. Electrical plans will show all details and schedules required for signal construction. 4. Prepare signing and striping plan at 1 = 401showing signing and striping changes required for signal installation. 5. Prepare technical construction specifications for traffic sign , striping, and electrical work. Incorporate technical specifications into City-furnished standard General Conditions and Bid Documents in WordPerfect 5. 1 . 6. Deliver copies of plans and specifications to the City for review. 9. Upon receipt of comments, make required changes. 10. Prepare legal descriptions and exhibits for any necessary right-of-way dedications or easements. 11 . Deliver originals of plans and specifications , together with construction cost estimates, bid item list, and legal descriptions, if any, to the City. 12. Assist City during the bidding process by responding to any questions raised by potential bidders. Prepare addendum technical data where required. 13. Assist City during the construction term by reviewing product submittals from the Contractor. 14. Attend the signal turn-on and establish initial timing of signal controller. 000017 Mr. Steven J. Sylvester Page 3 August 24, 1994 All plans will be prepared in ink on mylar in the form and t'b the standards of the City of Atascadero. Reproducible original plans provided to the City will be reverse-reading photo-reproductions on .004-inch permanent mylar material . ATE will permanently retain the ink-on-mylar originals. The City wi l l provide ATE with all as-built street construction drawings in the area of the intersection, and existing property descriptions of any parcels from which easements or dedications are required. It is further understood that the design is for installation'', of traffic signal facilities, signs and striping only, with appropriate repairs to existing improvements where they are disturbed by the signal construction. Should revisions to medians or other street geometrics be found to' be necessary, the cost for design of these improvements will be negotiated at the time. Upon receipt of the final specifications in both electronic and hard copy files, "the City shall assume responsibility for the accuracy'' of the electronic file. Relative to signal timing, we have no problem in providing this service, although we feel it absolutely necessary to observe traffi?c operations with the signal functioning in order to assure safety . Thi$ results in our presence at the turn-on. We will recommend that if the signal is not able to be turned on at the time specified by the Contractor, that the Contractor reimburse the City for the extra cost of our returning when the signal is actually turned on. FEES Associated Transportation Engineers will provide required 'personnel and pay expenses necessary to complete the proposed work for the ', following not-to- exceed fees: PRELIMINARY ENGINEERING & UTILITY RESEARCH $ 1 ,000.00 TRAFFIC SIGNAL DESIGN 4,000.00 TRAFFIC SIGNS, STRIPING 1 ,000.00 CONSULTING SERVICES FOR BIDDING AND CONSTRUCTION 1 ,000.00 ATTENDANCE AT TURN ON AND INITIAL TIMING 1 ,000.00 TOTAL $ 8,000.00 Time will be billed at rates contained in the attached fee schedule dated May 1994, and materials and services by others will be billed at cost plus 10%. 000018 Mr. Steven J. Sylvester Page 4 August 24, 1994 Progress and final payments will be due within 30 days after submittal of invoice. Failure tL- pay progress invoices will be cause for ceasing work on the project until payment is made. Interest will be charged at 1 .5% per month on balances due over 30 days. SCHEDULE The proposed design services can be completed within 30 working days after notice to proceed and receipt of as-built plans, for check prints and special provisions, and 10 working days for final plans and special provisions, and right-of-way descriptions, if required. This proposal will be valid until December 16, 1994, unless extended by agreement. PERSONNEL AND QOMPANY INFORMATION The undersigned, a registered civil and traffic engineer in California, will be the Engineer of Design. Other principals and employees of ATE will assist in the design. No work will be contracted out other than aerial photography by Pacific Western Aerial Surveys, if required, which will be included in the above cost estimates. A brochure describing ATE is attached for your review. ATE carries $1 Million in general , automobile, and professional liability insurance, as shown by the attached photocopies of our current insurance binders. The cost of insurance certificates naming the City as co-insured, if required, and the cost of any required City licenses for performance of this work, wiII. be added to the estimated not-to-exceed fees stated above. ASSOCIATED TRANSPORTATION ENGINEERS a CalifAKeith rpo tion Aby: ranklin, P.E. President MKF:ast Attach. 0000` 9 0 r is OATS(MM/DD/YY) ..... 01/04/94 Tit .::........................... bRODUCER THIS CERTIFICATE IS ISSUED AS A MA TOF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE +hilt, Fatch b Perry Insurance DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ;5 H ock Way Suite 101 POLICIES BELOW. )310 , .CA COMPANIES AFFORDING COVERAGE JamesC. Whitt ...............................'...............................................................-.............. 105-687-1326 iR A Safeco Insurance Company' .......--•.......................................................................................................................................................... ......................................................................................................... 1. `• COMPANY B INSURED LETTER :...................................•-.---•........................................................................-................................................_. ssoc. Transp.Engineers, Inc. COMPANYC LETTER 00 N. Hope Ave., Ste. #4 ................................................. anta Barbara, CA 3110 � D ................................................................................................................................-..................................... 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THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AlBOVE FOR THE POUCY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLOSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .................................................................................................•--.................--..-:-----...-.....--............................:...............................-.........,,............-................................................................. O' TYPE OF INSURANCE POLICY NUMBER 'POLICY EFFECTIVE :POLICY EXPIRATION LIMITS TR: DATE(MM/DD/YY) DATE(MM/DOfM GENERAL LIABILITY :GENIIRALAGGREGATE S 1,000,000. .. ....................................... A .•X•••.COMMERC(ALGENERALUABIUTY CP8244743 10/17/93 10/17/94 00 . Pwoduc�rs coMProP AGG. ;5 1,000,000. ......... ......... ............................. ......._.................... .. CLAIMS MADE: X OCCUR. PERSONAL&ADV.INJURY $ 1,000,000. r OWNER'S 6 CONTRACTOR'S PFK)T. :EACH OCCURRENCE S 1,000,000. ........................... ... ................ ....... . FIRE DAMAGE(Any one fire) =S 50,000. .... .:................... ................. ..:. MED.EXPENSE(Any one person):$ 5,000. *A.LWLOVVNF-D OBCOMBINED LIABILITY COM ED SINGLE A AUTO BA8244743 10/17/93 10!17/94 UM 1,000,000. S ....................................... ... .................... . .......: AUTOS :BODILY INJURY S X SCHEDULED AUTOS :(Per person) ...................................i HIRED AUTOS ..X.•• i .......... _. BODILY INJURY S X : NON-OWNED AUTOS (Perooddent) GARAGE LIABILITY PROPERTY DAMAGE S IXCE55 UABIIJTY : EACH OCCURRENCE :S ........... .................................... .......... - .._...._ UMBRELLA FORM AGGREGATE :S OTHER THAN UMBRELLA FORM WORKER'S COMPENSA710ii STATUTORYLIMITS E :.......................................:.::..............::......... ACCIDENT ;3 AND :.EACN......................................:................................................. EMPLOYERS'UABILtTY .....................................................SASE—POUCLIMIT .................................... ' DISEASE—EACH EMPLOYEE S OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECULL REMS All Operations 30 days notice of cancellation, except 10 days for non-payment of premium. _.:. ............ CERTFICATE HOLDER'<:::::>=`::::< :>::;: :::: :;;> ::<:`:>::>::<: ::>:;:;::::<:::::<:: ::::.::::.:.:::.::::::::::::::::::. :.:::::........................ CANCELLATLONI:.:.:.:::.:.::.-.:.:....::.:::;;<: »>:.;:;:::::':.. . :::-..:.:::. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO • MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE COMPANY,;ITS AGENTS OR REPRESENTATIVES. :i AUTHORCMD REPRESENTATIVE .000020(( 3 ::•::.::. .: ••:::::.::::::::::::::::: :::::.::::..........:.::::::::: James C. Whitt : .: :................ n:.: ORD. 1990 O TION.. ORPORA S CSR J$ ISSUE DATE(MM/OO/YY)OF NSURANCE 05/25/94 ASSOC , IUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HPLDER.THIS CERTIFICATE t, Fatch & Perry Insurance DOES NOT AMEND,EXTEND OR ALTER THE COVORAGE AFFORDED BY THE itchcock Way Suite 101 POLICIES BELOW. ara CA 93105 COMPANIES AFFORDING COVERAGE S itt 687-1326 COMPANY LETTER A CNA Insurance _.._..._..... ............_.............__..............._..._............ B _.........._...; RED LEITER COMPANY `. LETTERP��/\/ �) ............................................................. ... . V Y........................_.................._.......... CnpeagNY D Assoc. Transp.Engineers, Inc. LL�TrFt 100 North Hope Avenue Suite #4 _.........................._ ._........._........._. ___.._......................................_........................__..........__ Santa Barbara CA 93110 COMPANY E LETTER ►ERAGES PHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ... ....... ........ ....._...... ..... ........ _._................. ....... ....__.... ....... ..._......- ........._........ ......... ........ ............ .._...._ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM/DOPM DATE(MM/00/YY) iENERAI LIABILITY GENERAL AGGREGATE :S COMMERCIAL GENERAL.LIABILITY PRODUCTS-COMP/OP AGG S CLAIMS MADE :OCCUR. __.-_.__._...... .'. PERSONAL&APV.INJURY S OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S ........... FIRE DAMAGE Wy one fire) S MED.EXPENSE.jAny one person) S 4UTOMOBILE LIABILITY COMBINED SIN13LE llljY AUTO ;LIMITS NEO AUTOS BODILY INJURY S CHEDULED AUTOS (Per person) HIRED AUTOS __...__:._.._...._ .. __..-...... BODILY INJURY :S NON-OWNED AUTOS (Per accident) .. GARAGE LIABILITY _ .__.:.,. _...__..... ........_ _._ ... PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM _ -_. .. _... ............ .. _.. AGGREGATE S . OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUf(I)RY LIMITS AND EACH ACCIDENT :S DISEASE POLICY LIMIT S EMPLOYERS'LIABILITY :..._._ - .... DISEASE—EACH EMPLOYEE :S )THER lrofessionaL AAE 00-823-15-22 04/21/94 04/21/95 Coverage $1,000,000. A ability Policy Deductibl $11,250. 'RIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Jays notice of cancellation, except 10 days for non payment of premium ITIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE'?CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT /'�(�0 0211 -. _.. James C. Whitt 1I�+1II7I 8 IRO 25-S(7/90) m ACO RD CORPORATION 1990 EXHIBIT C i ASSOCIATED TRANSPORTATION ENGINEERS — UI- 100 N. Hope Avenue, Suite 4, Santa Barbara, CA 93110 0 FAX (805) 682-8509 (8051687-4418 Maynard Keith Franklin,P.E. Robert L.Faris,P.E. Richard L. Pool. P.E. Scott A.Schell,AICP FEE SCHEDULE (May, 1994) I Principal Engineer $100.00 per hour Assistant Civil Engineer $55.00 per hour Designer/Drafter II $55.00 per hour Draftsperson II $45.00 per hour Draftsperson 1 $33.00 per hour Principal Planner $65.00 per hour Transportation Planner III $58.00 per hour • Transportation Planner II $50.00 per hour Transportation Planner I $42.00 per hour Traffic Technician II $42.00 per hour Traffic Technician I $30.00 per hour Traffic Counter $14.00 per hour Admin. Sec./Bookkeeper $38.00 per hour Secretary $17.00 per hour Travel, Per Diem, and other miscellaneous expenses are invoiced at cost plus 10%. Personal auto mileage is invoiced at $0.30/mile. 000[3.`? Engineering • Planning • Parking • Signal Systems • Impact Reports • Bikeways • Transit ATIACHMENT "B" RESOLUTION NO. 107-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THiE EXECUTION OF AN AGREEMENT WITH ASSOCIATED TRAFFIC ENGINEERS FOR DESIGN OF TRAFFIC SIGNAL AT EL CAMINO REAL AND HOSPITAL ENTRANCE The City Council of the City of Atascadero, California hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with Associated Traffic Engineers for the design of the traffic signal at EI Camino Real and the Atascadero State Hospital entrance. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply 'With the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the of , 1994. 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: • 00004))3 Resolution No. 107-94 Page Two • w. CITY OF ATA SCADERO By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO CONTENT: STEVEN J. SYLVESTER, City Engineer APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 9414003.ATA 000 REPORT TO CITY COUNCIL Agenda Item: CITY OF ATASCADERO Meeting Date: 10/27/94 Through: Andy Takata, City Manager Agenda Item: A-S. Via: Henry Engen, Community Development Director From: Steve Sylvester, City Engineer SUBIECT: Resolution 108-94 authorizing signature of Tax Compliance Questi nnaires for Proposition 116 Bond Funds by the City Manager. RECOMMENDATION: Staff recommends the City Council adopt Resolution 107-94 autho izing the City Manager to sign the Tax Compliance Questionnaires for AB 973 a d Proposition 116 Bond funds for the Traffic Way Bikeway and the El Camino Real Bikeway. DISCUSSION: An ALLOCATION REQUEST FOR BICYCLE PROJECT is being prep red for both the Traffic Way Bikeway and the EI Camino Real Bikeway. This is the final step necessary for the California Transportation Commission to commit the projecl funds approved by SLOCOG. No funds can be provided to the City for design or con itruction of the projects until an ALLOCATION REQUEST FOR BICYCLE PROJECT s approved by the California Transportation Commission. The ALLOCATION REQUEST FOR BICYCLE PROJECT includes a T x Compliance Questionnaire which supplies the information necessary for the California Transportation Commission to certify that the requested funds will be used for prescribed purposes and that the funds will be spent in a timely manner. This certification i5 provided to enable the State Treasurer to protect the tax exempt status of the bonds. The ALLOCATION REQUEST FOR BICYCLE PROJECT requires that the Tax Compliance Questionnaire Certification be signed by a representative of the City of Atascadero and that the Questionnaire be accom anied by a copy of a resolution-authorizing that representative to sign on behalf of the City. FISCAL IMPACT: There is no anticipated Fiscal Impact. Report to City Council Meeting Date: 10/27/94 Page 2 ATTACHMENTS: Attachment A Bond Certification Procedures for Projects Funded by Assembly Bill 973. and Proposition 116 Bond Funds Attachment B - Tax Compliance Questionnaire for AB 973 and Proposition 116 Bond Funds Attachment C - Resolution 108-94 9415502.ATA 4!$tfl026 B L ., ATTACHMENT "A" BOND CERTIFICATION PROCEDURES' FOR PROJECTS FUNDED BY ASSEMBLY BILL 973 and PROPOSITION 116 BOND FUNDS This memorandum outlines procedures for certification of projects funded by the general obligation bands authorized by Assembly Bill 973 (AB'973) and Proposition 116. I. BACKGROUND A. AB 973 and Proposition 116 AB 973 and Proposition 116, which were passed by the voters in June of 1990, authorized the State to sell a combined total of $2.99 billion in general obligation bonds for rail projects and other transportation purposes. Pursuant to AB 973, two additional bond measures totalling $1 billion each will be placed on the.ballot in 1992 and 1994. Specifically, AB 9173 and Proposition 116 provide funds for the acquisition of right-of-way, acquisition of rolling stock, and capital improvements for passenger rail, bicycle and water borne ferry projects. B. Tax-Exempt Bonds Bonds authorized under AB 973 and Proposition 116 are,issued as tax- exempt general obligation bonds. Issuers (in this case the State) pay a lower rate of interest on tax-exempt bonds due to the fact that investors are willing to accept a lower yield, since they too gain an advantage from the tax- exemption. For example, an investor in the 28 percent tax bracket would have to earn approximately 10 percent on a taxable bond in order to earn the net equivalent of what he or she would earn of a 7 percent taps-exempt bond since 28 percent of the earnings on the taxable bond would have to be paid out in federal income tax. The tax-exemption afforded general obligation bonds provides the incentive for individuals and businesses to invest in these types of financing instruments which in turn, are used to fund now construction and renovation of schools, hospitals, prisons, mass transportation systems and other infrastructure improvements. C. Federal Guidelines for Tax-Exempt Bonds The Federal Government places numerous restrictions upon the use of tax- exempt bonds. The Internal Revenue Service (IRS) issues guidelines which govern the use of tax-gxempt bond proceeds (i.e., what the proceeds can and cannot be used for) and the time frames within which those proceeds must be spent in order to maintain the tax-exempt status of the bonds and avoid federal penalties. The consequences of violating the tax compliance requirements are very serious. The Federal Government could retroactively declare the bonds to be 000027 taxable. Since the declaration would apply to all proceeds of the bond issue and not just the proceeds which were used inappropriately, the negative impact of such an action would not be limited to the agency that violated the requirements, but would affect all of the State agencies whose bonds were included in that same bond issue. The result would be higher interest costs for the State, and a possible lowering of the State's credit rating. In addition, net interest earnings for bond holders would be substantially reduced as their interest income becomes taxable. The State could be faced with lawsuits filed on behalf of :-,o affected,bond holders. Alternatively, the Federal Government could impose stiff penalties and fines on the State and/or a local government for violating the requirements. D. Certification Requirements Because the potential consequences are so serious, the State Treasurer's Office (STO), which is the steward of State-issued bonds, requires departments that administer State general obligation bond programs to establish procedures that will ensure that the bond funds are used in compliance with federal tax guidelines. Prior to each bond sale, the Director (or designee) of the Department of Transportation (Department) certifies in writing that the AB 973 bond proceeds will be used in compliance with applicable federal tax regulations. The Executive Director of the California Transportation Commission (CTC) makes a similar certification with respect to Proposition 116 bond proceeds. Subsequently, when a project is brought forward for funding, that project must be reviewed to ensure that the proposed use of bond funds is in compliance with the signed bond certifications. The Department's Division of Budgets, with oversight from the STO and the State's bond counsel, has been designated by the Department and the CTC to perform this project specific bond certification for all projects that receive AB 973 or Proposition 116 bond funds. It is important to identify potential tax compliance issues as early as possible in order to allow sufficient time to resolve the issue(s). The STO will not allow the department to release bond funds nor can a fund transfer agreement (FTA) be executed until the STO is satisfied that the use of the bond funds will be in compliance with federal tax compliance guidelines. Ill. BOND CERTIFICATION PROCESS A. Project Review and Certification When a recipient submits a request for an allocation from the CTC, the recipient will also submit a completed bond certification questionnaire which the Division of Budgets will review to identify potential tax compliance issues associated with the particular project. If no issues are identified, a certification letter will be prepared which states that no tax related issues have been identified in connection with the project, however, if current circumstances change, the recipient is to notify the State immediately, prior to entering into any agreements or undertaking any activity that could affect the tax-exempt 2 0000?8 V status of the bonds. This certification letter is then attached to and becomes a part of the FTA. If potential tax compliance issues are identified during the Jnitial review by the Division of Budgets, copies of the questionnaire will be forwarded to the STO and the State's bond counsel. These offices will work with the recipient to resolve any issues that are identified. The agreed upon solutions will be stated in the certification letter. Most issues will be addressed by generic bond related provisions contained in the FTA which is executed between the Department and the recipient, or if necessary, more specific control language will be incorporated into the FTA. III. SPECIFIC BOND CERTIFICATION PROCEDURES 1. Initiation of Certification Process: a. Recipient will submit bond certification questionnaire along with allocation request letter to the appropriate Division (Rail, Mass Transportation, Highways-Bicycle) who will then forward the questionnaire to the Division of Budgets. 2. Certification Review: a. Division of Budgets will review bond certification questionnaire for potential tax compliance issues. b. Copies of questionnaires with potential issues will be sent to the STO and State's bond counsel for review. C. If the STO and State's bond counsel concur that tax compliance issues exist, they will work with the Department and the recipient to determine the best way to resolve the issue(s)- d. Once a resolution is reached, the STO and State bond counsel will draft any required FTA language relating to the tax compliance issues, and the Department's Legal Division v:ill review the language. 3. Certification Completion: a. Department will issue a project certification letter to recipient stating that the project. has no tax compliance issues, or, that the project has issues which will be resolved with the agreed upon actions. The certification letter will be attached to the FTA. b. Additional provisions will be incorporated into the FTA if necessary. 3 000029 4. Allocation: a. CTC allocates funds to project. b. If the certification has not been completed by the time the CTC is prepared to allocate the funds, the allocating resolution will indicate that funds are allocated to the project, however, the FTA may not be executed until the bond certification process has been completed. 5. Fund Transfer Agreement Execution: a. An FTA may be executed once the bond certification is complete and other requirements are met. 4 000030 I ATTACHMENTS Attachment #1 Bond Certification Questionnaire Attachment #2 Project Certification Letter (No Issues) Attachment #3 Project Certification Leger (With Issues) 5 000031 ATTACHMENT "B" TAX COMPLIANCE QUESTIONNAIRE . FOR AB 973 AND PROPOSITION 116 BOND FUNDS RECIPIENT AGENCY: MAILING ADDRESS: STREET CITY/STATE ZIP CODE CONTACT PERSON: NAME PHONE TITLE FAX PROJECTS COVERED BY THIS QUESTIONNAIRE: RIGHT OF CONSTRUCTION WAY- OTHER ❑ ❑ a ❑ ❑ ❑ 2 . ❑ ❑ ❑ 3 . Q ❑ ❑ ❑ 5 . ❑ ❑ ❑ 6 . ❑ ❑ ❑ FOR OFFICIAL USE ONLY ----------------------------------------------------- ----------- CALIFORNIA TRANSPORTATION COMMISSION BOND FUND ALLOCATION FUND SOURCE: RESOLUTION NO. DATE AMOUNT ------------ ------------------- ------------- REF NO i DOB ❑ STO ❑ LD ❑ i PAI ❑ N P A I ❑ 000032 SECTION 111. QUESTIONS 1 . Loans: Will any of the bond proceeds be loaned to one or more nongovemrhental persons? If yes, describe the details of the loan. Attach a copy of the loan agreement. YES NO 2. Private Use: a. Will any portion of the facility or project be used in the trade or business of any nongovernmental person? YES NO b. If so, what kind and how many nongovernmental persons will use the facilities or project? Describe the private use in detail. C. Will the project or facility be used on a basis different from that for which the general public can use it? 3. Private Payment: a. Will any payments be made to the State or local government agency which represent payments for trade or business use of the property or facility? YES NO b. If yes, please provide an estimate of the revenue expected to be received from each nongovernmental use. 4. Operations and Maintenance Costs: If ;3a is yes, please provide an estimate of the operation and maintenance costs which the agency expects to incur in relationship to each nongovernmental use of the project or facility. 5 000033 5. Related and Unrelated Use: If #2a and #3a are yes, will any of the bond proceeds be used by a nongovernmental person(s) In ways that are unrelated to the governmental purpose of the bonds (i.e., rail, bicycle or ferry transportation, or other uses allowed under AB 973 and Proposition 116)? A use is related to the governmental purpose of the bonds if it is "functionally related" to the governmental use. One example of related use is a privately operated cafeteria in a bond-financed rail terminal. An office for the cafeteria manager, however, is not considered related to the rail terminal YES NO 6. Management or Service Contracts: a. Will the operations of the bond-financed project involve a management or service contract? If yes, describe in detail. YES NO b. If yes, will the project operations be self-supporting (i.e.. will not require operating subsidies)? YES NO C. If the answer to 6b. is no, attach a copy of the management contract. 7. Right-of-Way: Will State bond proceeds be used to acquire right-of-way in connection with this project? YES NO 8. If 1#7 is yes, is the portion of the project financed with State bond proceeds expected to be sold or otherwise disposed of, in whole or in part, within the next 20 years? If yes, when? YES NO 6 000034 0 9. Will any State bond proceeds be used to repay any existing debt of the local agency? YES NO If yes, all of the above questions should only relate to the original financing. Please give details as to the timing of the retirement of the prior debt. _ CERTIFICATION The undersigned representative of the applicant public entity', having authority to execute this document as evidenced by the attached resolution of the governing body, hereby certifies that the data submitted herein is true, correct and complete to the best of his or her knowledge. Signature: ----------------------- Date: ---- ------------ — Tine, _ A - - gency 000035 ATTACHMENT "C" RESOLUTION NO. 108-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE TAX COMPLIANCE QUESTIONNAIRES FOR PROPOSITION 116 BOND FUNDS The City Council of the City of Atascadero, California hereby resolves as follows: 1. The City Manager is hereby authorized to execute Tax Compliance Questionnaires for AB 973 and Proposition 116 Bond Funds for the Traffic Way Bikeway and the El Camino Real Bikeway. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the of , 1994. 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: is 000036 Resolution No. 108-94 Page Two CITY OF ATASCADERO By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO CONTENT: STEVEN J. SYLVESTER, City Engineer APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney a • 9415503.ATA 000037 REPORT TO CITY COUNCIL Meeting Date: 10-27-94 CITY OF ATASCADERO Agenda Item: A-6 Through: Andrew J. Takata, City Manager via: Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Divisio SUBJECT: Establishment of a stop intersection on Santa Ynez Avenue at the intersection with Curbaril. RECOMMENDATION: The Traffic Committee recommends that Council adopt Resolution No. 109-94 establishing the subject stop intersection. DISCUSSION: There has been an ongoing problem on Santa Ynez Avenue with speeding motorists. This issue has been brought to the Traffic Committee previously and resulted in the posting of a 25 MPH speed limit. Again, the residents have approached the Committee requesting assistance in slowing down vehicles in their neighborhood. 6 This is a high density residential area within close proximity to the high school. Residents feel that with the installation of traffic signals on Morro Road that motorists use their street as an unobstructed route to and from the high school. While stop signs are not usually installed to control speeding, this is often a positive result. At this location stop signs are recommended due to limited sight distance at the intersection compounded by the speed of traffic on Santa Ynez. FISCAL IMPACT: The cost of this installation will be approximately $200. 00 to be paid out of currently budgeted funds. Attachment: Resolution 109-94 0000138 RESOLUTION NO. 109-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO is DESIGNATING A STOP INTERSECTION ON SANTA YNEZ AVENUE AT THE INTERSECTION WITH CURBARIL WHEREAS, Section 4-2.801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and -to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that establishing a STOP intersection on Santa Ynez Avenue at Curbaril will improve a hazardous traffic situation. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above. On motion by Councilmember and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 00,00319 Attachment Resolution 109-94 1 O H v W (=7 Qi H Proposed Stop Sign U SANTA YNEZ AVENUE ---------------- Proposed Stop Sign .e Dead End i 00004( REPORT TO CITY COUNCIL Meeting Date: 10-27-94 CITY OF ATASCADERO Agenda Item: A-7 Through: Andrew J. Takata, City Manager Via: Henry Engen, Director of Community Development 44— From: Valerie Humphrey, Engineering Divisio SUBJECT: Installation of stop signs on the Santa Rosa Overpass. RECOMMENDATION: Traffic Committee recommends that Council a pprove attached Resolution No. 110-94 authorizing the installation of stop signs at the location above. DISCUSSION: In September of 1993 the Traffic Committee requested authorization to install stop signs on both sides of the Santa Rosa overpass. This request was approved and Caltrans installed the signs in June of this year. The signs have helped traffic congestion and he frequency of accidents has declined. However, motorists are confused that all legs of the intersection are not required to sto . The proposed modifications would required traffic from all directions to stop. FISCAL IMPACT: I The cost of this modification would be approximately $200.00 to be paid out of currently budgeted funds. The previously installed signs were within the Caltrans right-of- ay and were paid for by the state. Attachments: Resolution No. 110-94 00001111 RESOLUTION NO. 110-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP I14TERSECTION ON SANTA ROSA ROAD AT THE OVERPASS WITH 101 WHEREAS, Section 4-2.801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same, and WHEREAS, the Atascadero Traffic committee has recommended that establishing a STOP intersection at this location will improve the traffic circulation and safety. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above. On motion by Councilmember and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 00001[2 I KhbuLU'11UN No. 11U-94 I ATTACHMENT P Pte'. H z z a Proposed Stop Sign o w x w H H w V w SANTA ROSA ROAD a w P4 U a w o. Proposed Stop Sign 000043 REPORT TO CITY COUNCIL Meetini I Date: 10-27-94 CITY OF ATASCADERO Agenda Item: A-8 Through: Andrew J. Takata, City Manager via: Henry Engen, Director of Community Development From: Valerie Humphrey, Engineering Division SUBJECT: Establishment of a stop intersection on Santa Barbara Road at the intersection with Atascadero Avenue. RECOMMENDATION: Traffic Committee recommends the Council adopt attached Resolution No. 111-94 authorizing the placement of a stop sign at the location stated above. BACKGROUND: I This section of Santa Barbara Road is on the west side of Highway 101 on the Eagle Ranch property. The road enters Atascadero Avenue at a blind curve creating a dangerous situation. The installation of a stop sign at this locati n was initiated by the Street Superintendent after discussions with residents and observations of traffic conflicts. FISCAL IMPACT• The cost of this improvement will be approximasely $100. 00 to be paid out of currently budgeted funds. Attachment: Resolution No. 111-94 I M 000044 RESOLUTION NO. 111-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A STOP INTERSECTION ON SANTA BARBARA ROAD AT THE INTERSECTION WITH ATASCADERO AVENUE WHEREAS, Section 4-2.801 et seq, of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or marki-rigs= indicating the same; ands: WHEREAS, the Atascadero Traffic committee has recommended that establishing a STOP intersection at this location will improve traffic safety. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOP intersection at the location listed above. On motion by Councilmember and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: HENRY ENGEN Director of Community Development 000045 Attachment Resolution 111-94-- HIGHWAY 101 a cn d i Proposed Stop Sign s, 144 $per CIa �1e c h 000046 9 REPORT TO CITY COUNCIL McOing Date: 10/11/94 CITY OF ATASCADERO 1 Agenda Item : A-9 Through: Andy Takata, City Manager From: Lee Price, City Clerk , SUBJECT: Amending the City's Conflict of Interest Code. RECOMMENDATION: Adopt Resolution No. 112-94 adopting an amended Con lict of Interest Code for the City of Atascadero. BACKGROUND: The Political Reform Act (the Act) requires the City C unci) to adopt and promulgate a Conflict of Interest Code (the.Code). The Code i 3 a document which designates the positions within an agency which make or participate in making governmental decisions which may foreseeably have a material a fect on any financial interest. The Code further sets out in paragraphs called disclosure categories the specific types of investments, business positions, interest in real property and sources of income which must be reported by the designated positions. In 1990, Government Code Section 87306.5 was added to the Act. This section requires the City Council to review the Code biennially every even year) to determine if it is accurate and up-to-date. In .lune of 1991 , the City Council adopted Resolution No. 46-91, a comprehensive re-write of the Code, originally adopted in 1980. In October 1992, the City Attorney reviewed the Code 3nd found it to be in compliance. DISCUSSION: Staff has reviewed the Code and is recommending revisions as outlined in Resolution No. 112-94. Much of the Code remains the same, however language has been added to clarify requirements regarding consultants and travel payments. The list of designated employees has also been amended reflecting position classification changes and/or errors. New language is 'Iard; deleted language is denoted by XX +.� . Attachments: Resolution No. 112-94 '000047 RESOLUTION NO. 112-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHEREAS, the Political.Reform Act requires every local government agency to review its Conflict of Interest Code biennially (in even-numbered years) to determine if its accurate and up-to-date, or, alternatively, that the Code must be amended; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1 . Resolution No. 46-91, adopted on June 11 , 1994, is hereby rescinded. SECTION 2. That the attached Conflict of Interest Code be, and hereby is, adopted as the Conflict of Interest Code for the City of Atascadero. On motion by Councilperson and seconded by Councilperson the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 0000,18 • Resolution No. 112-94 CONFLICT OF INTEREST CODE OF THE CITY OF ATASCADERO SECTION 1. Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq., the City of Atascadero (hereinafter-referred to as "City") hereby adopts the following Conflict of Interest Code. The provision$ of this Code are in addition to those contained in Title 9, Chapter 1 of the Government Code (Section 87100 et seq.). Except as otherwise indicated, the definitions contained in the Political Reform Act at Title 9, Chapter 2 of the Government Code (Section 82000 et seq.) regulations of the Fair Political Practices Commission: (2 California Code Regulations section 18100 et seq.) and any amendments to the ,Act or regulations are incorporated herein and apply to this Code. It is the purpose of'this Code to provide for the disclosure of assets and income of designated employees which may be materially affected by their official actions, and, in appropriate circumstances, to provide that designated employees should be disqualified from acting in order that conflicts of interest may be avoided. SECTION 2. Designated Positions. The positions Fisted in Exhibit "A" are designated positions. Officers and employees holding those positions are designated employees and are deemed to make or participate in the making of decisions which may foreseeably have a material effect on a financial interest. This Code does not establish any disclosure obligation for those individuals specified'in Government Code section 87200; such persons are covered by this Code only for disqualification purposes and all provisions of Section 6 herein relating to "designated employees" are applicable to such individuals. .:. � :. ..: .. i i).i':.i•::.iii'::::.i.4:::4':.i':.i}i: i':.i { :::: .::.�:::... .i}i':.i':.iii':::::iii4::ni'.%.:.i'.i::. ') ..:: :::. :...i:.:.. ....: : ::.::: i#>:: <::: :.>::>': . . . .::::.:>:::' ..':.:i:: r �:n ::>::>::: n r .....a ..an:::rn. t€..0...u .. .:<. .................:: :: ; :::.....:..:.. ................. .....................,. :.t. Aprov�e ratoE..rule, xr re €)at�or , ................. ............ z; ... ::>:.....::::::>::.........::.;:.;>:;.;;iii>x: ::>::> ::>::> lssueF deny ssendt or revokeryrx::::< �: >.;.>•:::;'.:>'i::<:>::;.>::<:>.: ' ....::::>::::>'ii'.::;:>:<:,:>::>:::; :_:>:::>:::::>:>:::>::: :.... ::>::::>::>:::;:::::>:::>::;:............ . :... • 1 000049 Resolution No. 112-94 Vim lid 0. 61 :::::::::::::::::::................................... gar> � �� r r � ti�F :P :f�pfxrd ;.; .t331� ,a.]ice t�yY i�ccc;;.. ..�'.::: y::. �]�:��:.: :.�:�.:. ��.;:�:�..:::� �:�'�:� �.,�'..•, '� �� �:f:>��:::: ................................... '.'.�..�y},y1�(- (�� . i?: i::i: ::::::+: iii::.. ..... :i:: '!£ .Lf'.I.'.::i:::"" ..... : . :.::. :.::.: :.::. >:.::. :.;: ::.. :.>:::::.:: :.::.::::.::.::::.::::::::.i:.i::.i.;:.i::.:i:.. ;: . ..: od SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit "B". Each designated employee or official shall file an annual statement disclosing that employee's or official's interest in investments, business positions, interests in real property and source of income designated is reportable under the category to which the employee's or official's position is assigned in Exhibit "B". SECTION 4. Place and Time Filing. (a) All designated employees or officials required to submit a statement of financial interests shall file the original with the City Clerk's office. Designated employees or officials who are required to file statements of financial interests under any other agency's conflict of interest code, or for a different jurisdiction, may expand their statement of financial interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements. Each copy of such expanded statement must be signed and verified by the designated individual. (b) The City Clerk's office shall make and retain a copy of the statement. (c) A designated employee or official required to submit an initial statement of financial interests shall submit the statement within 30 days after the effective date of this Code, disclosing interests held including reportable investments, business 2 U00050 Resolution No. 112-94 (d) All persons appointed, promoted, or transferred to designated positions shall file initial statements not more than 30 days after assumig office. (e) The first statement of financial interests filed by a designated employee shall disclose the designated employee's reportable investments, business positions, and interests in real property as those investment_,, positions and interests in real property exist as of the effective date of this Code or the date the designated employee assumed office, whichever is later, and income received during the preceding twelve (12) months. (f) Annual statements shall be filed by March 30th 'of each year by all designated employees or officials. Such statements shall, disclose reportable investments, business positions, interests in real property, ,land income held or received at any time during the previous calendar year or $ince the designated employee took office if during the calendar year. (g) Every designated employee who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments', business positions, interests in real property, and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office. (h) A designated employee who resigns his or her position within 30 days following initial appointment is not deemed to assume or leave',office, provided that during the period between appointment and resignation the indivridual does not make, participate in making, or use the position to influence any decision of the city or receive or become entitled to receive any form of payment by virtue of being appointed to the position. SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made on forms supplied by the City Clerk's office and shall contain the following information: (a) Contents of Investments and Real Property Reports. ''When an investment or an interest in real property is required to be disclosed, the statement shall contain: (1 ) A statement of the nature of the investment or interest; (2) The name of the business entity in which each investment is held and a general description of the business activity in which the business entity is engaged; • 3 000051 Resolution No. 112-94 (3) The address or other precise location of the real property; (4) A statement whether the fair market value of the investment or, interest in real property equals or exceeds one thousand dollars ($1 ,000) but does not exceed ten thousand dollars ( $10,000 ), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars (s 100,000 ), or whether it exceeds one hundred thousand dollars ($100,000). For purposes of disclosure, "interest in real property" does not include the principal residence of the designated employee or any other property which the designated employee utilizes exclusively as the employee's personal residence. Investments and interests in real property which have a fair market value of less than $1 ,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. • (b) Contents of Personal Income Reports. When personal income' is required to be disclosed under this Code or pursuant to the Political Reform Act, the statement shall contain: (1) The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; (2) A statement whether the aggregate value of income from each source, or, in the case of a loan, the highest amount owed to each source, was at least two hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dot tars ($1 ,000) but not greater than ten thousand dollars ($10,000), or whether it was greater than ten thousand dollars ( $10, 000 ); ' "Income" is defined in Title 9, Chapter 2 of the Government Code (Section 82030)• That definition is attached hereto as Exhibit "C". 4 000052 I Resolution No. 112-94 (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value and the date. an which the gift was received; (5) In the case of a loan, the annual interest rate and the security, if any, given for the loan. A designated employee's income includes his or her 1,community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. (c) Contents of Business Entity Reports. When the designated employee's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain: (1) The name, address, and a general description of the business activity • of the business entity; (2) The name of every person from whom the business entity received payments if the designated employee 's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars (510,0100) during a calendar year; (3) Income of a business entity is required to be! reported only if the direct, indirect, or beneficial interest of the designated employee!and his or her spouse in the business entity aggregates a ten (10) percent or greater interest. In addition, for purposes of subparagraphs 2 and 3 of this subsection, the disclosure of persons who are clients or customers of a business entity is required only if it is reasonably foreseeable that the client or customer may be materially affected by the decisions of the designated employee; (d) Contents of Business Position Disclosure. When business positions are required to be reported, the designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business entity in which the business is engaged, and the designated employee's position with the business entity; • 5 000053 Resolution No. 112-94 ::..:.:.. ;:. . .h--:*::':':"'*:*"*:':":::::::::::::::::.:.....:..:::" : . .: nt:<. .r:.:.: far ....::::.;;::.::.:;:.;:.::::.;;>:.;:.;:.;::.; ::: :' ..... ; :.: l .:; ....:.;:.::.::::::::::.;;::::.:::::::.;;:.;;:.;:.::::::::.:;'.;;':.::...:.:..;.:' ....:.: . ;:.;::... au )":l�a�rents,.;<::.;,:.;:.;:.;;:.::.;:.>:.:.>:.;:.;:.;:.:: .;:< : ;::: . P. :::.......:::.:::: ::.:;:...::..:::..:... .:... :.: :... ... ...::.. :.. .:: .: :::< . :.:. . ::..:..... a .rte..d...:: .:.:::: :: .:::::: :.::::::::::::.:::::::: :::i::r.y..:.:.:.:..:.::.. .. .::::.. ...: ....:.:.. �.y. :..:.�y .::.*. .: ::::::..::::::::::::::..::: ::::::::.: .. ... ;; :. :.>;:;:<.::::::::.;:.;:....;:::::::.;:.;::;.;:.; des i..x1!1.4;l;�T✓:: .::.v:::::::::.iii}:::::::.:::i.i:: ::::::.i:.ii':.:::::::.iii:iw::::.i...T:::. :: v. '::::: .i.::.�:::.......:..:....: : :.:. :. : .: ::...hL�.:.# '3: :.:.:....:...:... . .:. ... # .::?F.=E'.> .:::.>:.ii:.i:.i::::::;.i;iii:.:::::::. : . ...:: ...i ....:.: A::: I:ai:' �xtt' ::::.:::.ii;:.?.:::: <.i:.::::::.::::.>:.i:.:::::::.::.:;:.i;:::::::. t c fii :. i:.i::::.i:<.:::.i:.i::.::;.;:<.i:.>.i:.;::::.i:.>:.ii:.i :...:...:..:.:: P!..- .: . :':.:.:: .::. i <..:..:::.:..i>:... ..... .�:... i: ::::. :..:.: �::.: .::::::::::.i:<.::::::::::.ii:.i:::::::::::. i>ii::.::::::::::::::.............. ::>:<:>::;;:;>:<:;�:::»,::>::»::;.i:>'iii}::::;.iiyi:�.i:;:iii::::.i:.;::ii,�iitii:.::..ii:.ii>.i.:.�i'.ii�•:C,:..i':::.::�.y..i:.i:.ii: �:�:��'� .�,l,: t�i�Ll.�::::ii :.t��iiii:'ii}iiii�{}'.::•i:<;•i:[nii:;•i::.::.::::::.:.•_..._ (f) Acquisition of Disposal During a Calendar Year. If any otherwise reportable ple investment or interest in real property was partially or wholly acquireddisposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. SECTION 6. Disqualification. Designated employees shall disqualify themselves from making, participating in the making of, or in any way using their official position to influence a governmental decision when it is reasonably foreseeable that the decision will have a material financial effect distinguishable from its effect on the public generally, on the designated employee, or a member of his or her immediate family, or on: (a) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1 ,000) or more: (b) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1 ,000) or more; (c) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (d) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or hinrtwelvevalue (12prmonthsto, priorto'the by, or promised to the designated employee wit time when the decision is made. • 6 OOOO54 Resolution No. 112-94 (e) Any donor of, or any intermediary or agent for a donor, of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the designated employee within twelve (12) months prior to the time when the decision is made. For purposes of this section, indirect investment or int6rest means investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, or by a business entity or trust in which the designated employee, the designated employee's agents, spouse, and dependent children own directly, indirectly, or beneficially a ten percent (10%) interest or greater. No designated employee shall be required to disqualify himself or herself with respect to any matter which could not legally be acted upon or decided without his or her participation. If a person is legally required to participate, such individual shall: (1) disclose as a matter of public record the existence of thea financial interest; (2) describe with particularity the nature of the financial interest before participating in making the decision; 3 state the reason there i ( ) s no alternative source of decision,,making authority; and (4) participate only as required by law where participation is Regally required for the agency to act. The fact that the vote of a designated employee who is a member of a voting body is needed to break a tie does not make his or her participation legally required. A person is not legally required to participate if it would have been possible to convene a quorum made up of other members of the agency who are not disqualified under Government Code Sections 87100, whether or not such other members are actually present at the time of disqualification (California Code of Regulations Section 18701). A designated employee required to disqualify himself or herself shall notify the City Manager and the City Clerk in writing, and the City Clerk shall record the person's disqualifications. In the case of a voting body, this determination and disclosure of the disqualifying interest shall be made a part of the City's official record. SECTION 7. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this Code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 7 000055 Resolution No. 112-94 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. SECTION 8. Violations. This Code has the force and effect of law. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions,provided in the Political Reform Act, Government Code Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this-Code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. 8 000056 i Resolution No. 112-94 EXHIBIT "A" Page 1 DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participation in the mw' ':- . of decisions which may foreseeably have a material effect on financial interests: Designated Position:2 Disclosure Category: Building Inspector.................................... ;:.;;:.;:.;::�.:.;:.;:.::.::.;:.:�:.;:.;:.::.::<.:::.;;:.;;:.;;:.;:.;:.;:.;:.;;:.::.;:.;:.::.:.;:.;:.:.:.;;:.;;1:. City Attorney, Assistant 1 City Clerk 1 City Engineer 1 G+ty ManageF, AssistaRt Consultants' 1 Community Development Director 1 City Planner 1 Director of Community Services; 1 Senior Planner 1 2 In the event that State law or regulations regarding the filing of Conflict of Interest Statements should be amended, this Exhibit shall be changed to include the designated position and category of each official as required by said amendment. ' Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations. The City Manager may determine in writing that a particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and this is not required to fully comply with the disclosure requirement described in this Section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection by the City Clerk in the same manner and location as • this Conflict of Interest Code. 000057 Resolution No. 112-94 EXHIBIT "A" Page 2 DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES Designated Position: Disclosure Category: Exempt Official S4 1 wee-D iF a ete Fire Chief 1 Police Chief 1 Public Works Director 1 Senior Civil Engineer 1 Members of all permanent City 1 Commissions, Boards and Committees not otherwise required to file Conflict of Interest Statements Fire Captain 2 Police Lieutenant 2 Police Sergeant 2 Chief Waste Water Operator 2 Streets Supervisor 2 4 Exempt Officials include the Mayor, Members of the City Council, Members of the urehand the City Attorney, txFelcra ,>::>:::::::.: Planning Comms , :::::::::::::::::...::::::::::::::::::::::..::.:..:....:..:::..:.....:.....:::.....:..::.:..:..... ::.:::::: .............................. ............. who are all otherwise required to file disclosure statements pursuant to State Law. 000058 Resolution No. 112-94 tEXHIBIT "B" CATEGORIES OF REPORTABLE ECONOMIC INTERESTS Designated Persons in Category "1" Must Report: All investments, interests in real property, income, and any business entity in whic'. -Kie person is a director, officer, partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within and subject to the jurisdiction of the City, or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of,the City at any time during the two years prior to the filing of the statement. Designated Persons in Category "2" Must Report: (1) All investments in real property located within or subject to the jurisdiction of the City. (2) Investments in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. • (3) Income from any source which within the last two years has contracted or in the future foreseeably may contract with the city. (4) His or her status as a director, officer, partner, trustee', employee,or holder of a position of management in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. • 000059 Resolution No. 112-94 EXHIBIT "C" Page 1 82030. INCOME. (A) "Income" means (except as provided in subdivision B): A payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the flier, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10 percent interest or greater. "Income," other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (B) "Income" does not include: (1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100). (2) Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic, or charitable organization. (3) Any devise or inheritance. (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. (5) Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government or a commodity future registered with the Commodity Futures Trading Commission of the United States Government, except proceeds from the sale of these securities and commodities futures. 000060 Resolution No. 112-94 EXHIBIT °C" Page 2 (6) Redemption of a mutual fund. (7). Alimony or ch .w !-upport payments. (8) Any loan or loans from a commercial lending institution which are made in the lender's regular course of business on terms available to members of the public without regard to official status if: (a) Used to purchase, refinance the purchase of, or for improvements to, the principal residence of flier; or (b) The balance owed does not exceed ten thousand dollars ($10,000). (9) Any loan from an individual's spouse, child, parent, grandparent, grandchild,brother, sister, parent-in-law, brother-in-law, sister-in'-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan from any such person shall be considered income if the lender is acting as an agent or intermediary for any person not covered by this paragraph. (10) Any indebtedness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand dollars ($10,000Y. 0 1) Payments received under a defined benefit pension',plan qualified under Internal Revenue Code Section 401 (a). 0 2) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States Government or from the sale of commodities futures registered with the Commodity Futures Trading commission of the United States Government if the flier sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser. 000061 s REPORT TO CITY COUNCIL Agenda Item: j CITY OF ATASCADERO Meeting Date: 90!2 94 !S C'S ffi S S ffi!s! 6 ffi x S S S x ffiS a s^!S x x S x ffi ffi x!M Q x xS ffi ffi ! �ffi yZ a S s S C S Through: Andy Takata, City Manager Agenda Item: A-T7 Via: Henry Engen, Community Development Director i From: Steve Sylvester, City Engin SUBIECT: Resolution 113-94 authorizing signature of Program Supplements to the MASTER AGREEMENT known as STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMI NT NO. SLTPP-5423. RECOMMENDATION: Staff recommends the City Council adopt Resolution 113-94 authorizing th Mayor to sign the Program Supplements to the MASTER AGREEMENT. DISCUSSION: The City of A#ascadera entered into the State of California STATE-LOCAL T ANSPORTATION PROGRAM AGREEMENT NO. SLTPP-5423 ON February 14, 1994. This ter Program permitted application for State Share Funds to fund a portion of the public improvements for the Las Encinas, 3F Meadows and Camino Real Assessment Districts. CalTrans has now provided a Program Supplement No. 001 for the Las Encinas Assessment District, Program Supplement No. 2 for the 3F Meadows Assessment District and Program Supplement No. 003 for the Camino Real Nsessment District. These Program Supplements, when executed by the City, will permit.the City to i voice for the State Share Funds. FISCAL IM � The amount of the State Share Funds for the Las Encinas Assessment Distri is $ 85,347.00. The amount of the State Share Funds for the 3F Meadows Assessment is $ 1,453.00. The amount of the Start Share Funds for the Camino Real Assessment Distri is $109,202.00. ATTACHMENTS; Attachment A - Copy of Program Supplement No. 001 Attachment 8 -Copy of Program Supplement No. 002 Attachment C - Copy of Program Supplement No. 003 93107D50-ATA 000, ewd S>im End Stilts 01 ONI UG 1StiO3 H18ON WON SV:eO t766T-TZ-100 Date: September 30, 2994 PROGRAM SbPPLE1KEN'P NO. 007 Location: 05-SLO-0-ATAS to Project Number; SB95-5423 (001) STATX-LOCAL TRANSPORTATION E.A. Number; 05-929682 PARTNERSHIP PROGRAM AQREMXNT NO. SLTPP-5423 - This Program Supplement is hereby incorporated into the State-Local Trans- portation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on / / and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. approved by the Local Entity on (See copy attached) . The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROLUCT TERM=: VARIOUS CITY STREETS TYPE OF WORK: RECONSTRUCTION LENGTH: 0.0 (MILES) PROJECT CLASSIVICATION OR PHASE(5) OF WORK [X] Construction Estimated Cost State Share Funds ! Matching Funds FY95 $ 85347 Local OTHER OTHER 0 $ 441068 FY96 $ 0 $ 355721 $ 0 $ 0 IFY97 $ 0 CITY OF ATASCADERO STATE OF CALIFORNIA Department of Transportatioxt By By DISTRICT LOCAL STREET ARD ROADS ENGINEER Date Date Attest Title I hereby Certify upon my persOYutl kRcwledgra thatcoed £cads are available for thio encumbraaca. Accounting Officer- Date q12,01qq $ 85347.00 Chapter) Statutes ► Item Year Program PCI Pund source I A%ICM rr 139 1994 2660-125-042 94-95 20.25.010_100 C 258020 042-!r 8S347.00 Page 1 of 3 0()0063 A £0'd S>n Eind Still 01 OMI'SN3 1Sti0O HI? M W0�U 917:80 b66 t-IZ-100 05-SL,o-O-ATAS DATE:ATE: 09/30f 94 SPECIAL COVENANTS OR REMARKS 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement dere executed after that determination was made. The total amount of State-Local Transportation Partnership funds payable by the State shall not exceed $85347 to be encumbered and reimbursed as follows: FY 94-95 $ 85347 F'Y 95-96 0 PSC 96-97 0 Any increase in State Partnership funds will roquire a revised program supplement. Any decrease in State Partnership funds will require a revised finance letter. 2. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EAR ,Y • REIMBURSEMENT PLAN AND UNDER $300, 000 STATE SHARE These Covenants supersede any conflicting provisions of the Master Agreement: A. The LOCAL ENTITY agrees that the payment oik State Share Funds will be limited to the lessor of the product of multiplying the calculated pro rata percentageas determined by the STATE by either: (a) The eligible award amount or (b) The total eligible State/Local Partnership Project cost in the approved State/Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. S. The LOCAL ENTITY will invoice the State for the full "State,s Share" after the contract award or upon the State Budget Act appropriation of funds, whichever occurs later.,, "State's Share" is considered a grant and will be reimbursed as a lump sum payment regardless of final project cost. C. Prior to reimbursement under this Program Supplement, a Request For Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. Page 2 of 3 a 000064 a b0"d S>n Sfld Still Ol ONI-SN3 1SH00 HiNON W084 90--80 b66i-IZ-100 05-SLO-0-ATAS DATE: 09/30/94 SB95-5423 (001) SPECIAL COVENANTS OR REMARKS D. The financial audit and Final Project Expenditure Report provisions of Sections 9 and 10 of. ARTICLE I of the Master Agreement are not applicable to this PROJECT. 3. The Reimbursement Ratio for this Cycle 5 (94/45) Project is 19.35%. 4. In accordance with the State-Local Transportation Partnership Program Guidelines dated June 8, 1994 the project eligibility for Cycle 5- projects is limited to contract items plus locally funded. State or Local Entity furnished materials and Supplemental Work. Supplemental Work eligibility is futher defined under the Project Eligibility section of the Guildelin.es as limited to certain maximum costs and to non-early reimbursement projects of $300,000 or less: Page 3 of 3 00006.5 ca•a Sal glia Shcd 01 OMI`9h13 1SHOO HINON WONA L7:80 b66T-TZ-100 . PROGRAM SUPPLEMENT NO. 002 Date: September 30, 1954 Location: 05-SLO-0-RTAS to Project Number: SB95-5423 (002) STATE-LOCAL TRANSpOR+rATION E.A. Number: 05-029683 PARTNERSHIP PROGRAM AGRZn3NT No. SLTPP-5423 This Program Supplement is hereby incorporated into the State-Local Trans- portation Partnership Program Agreement for State Share! Funds which was entered into between the Local Entity and the State on 'J 02/14/94 and is subject to all the terms and conditions thereof. This Program Supplement M adapted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. ' approved by the Local Entity on (See copy attached) . The Local Entity further stipulates that as a condition to' payment of funds Obligated to this project, it accepts and will comply with', any covenants or remarks setforth on the following pages. PROJECT TERMINI VARIOUS CITY STREETS TYPE OF WORK: RECONSTRUCTION LENGTH: 0 .0 (MILES) PROJECT CLA93IFXCATION OR PHASES) OF WORK [X] Construction Estimated Cost State Share Funds J Matching Funds IPY95 $ 41453Local OTHER OTHER2 .4226 FY96 $ 0 $ 172773 0 $ 0 FY97 $ 0 CITY OF ATASGADERO STATE OF CALIFORUXA Department of Transportation By – By DISTRICT LOCAL STREET AND ROADS ENGINEER Date Date Attest Title I hereby Certify upon my wrsonal knovle fte, that tad hinds are availae10 for this encwibxance, l Accounting Officer �" Date �3Q 9L( —$ 41453 00 ampter} statutes } Item } Year program IWI Pun* source } bMOM 139 1994 2660-125-042 94-95 20.25.010.x,00 C 256010';042-r 41453.00 Page 1 of 3 0000(;()- 90'd sxm Hf ci SHld Ol OM I'ON3 1SU00 HINON W02A �V:80 b66 Z-t 2-100 I 05-SLO-0-ATAS DATE: 09/30/94 SB9.5-5423 (002) SPECIAL COVENANTS OR REMARXS 1. It is mutually understood between the parties that this contract mar- have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State-Local Transportation Partnership funds payable by the State shall not exceed $41453 to be encumbered and reimbursed as follows: FY 94-95 $ 41453 FY 95-96 0 FY 96-97 0 Any increase in State Partnership funds will require a revised program supplement. Any decrease in State Partnership funds will require a revised finance letter. 2. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND WIDER $300, 000 STATE SHARE These Covenants supersede any conflicting provisions of the Master Agreement A. The LOCAL ENTITY agrees that the payment of State Share Funds will be limited to the lessor of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) The eligible award amount or (b) The total eligible State/Local Partnership Project cost in the approved State/Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. B. The LOCAL ENTITY will invoice the state for the full "State' s Share" after the contract award or upon the State Budget Act appropriation of funds, whichever occurs later. "State's Share" is considered a grant and will be reimbursed as a lump sum payment regardless of final project cost. C. Prion to reimbursement under this Program Supplement, a Request For Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. • Page 2 of 3 00006'7 L0'd s)n and Sulu 01 :)NI`9M3 1SU00 HIZM WObd 8b:80 t766T-TZ-100 i ' r 05-SLO-0-.RTAS ' SB95-5423 (002) DATE: 09/30/94 SPECIAL, COVENANTS OR REMARKS D. The financial audit and Final Project Expenditure Report provisions of Sections 9 and 10 of ARTICLE 1a9 the Master Agreement are not applicable t-e this PROJECT. 3. The Reimbursement Ratio for this Cycle 5 (94/95) Project is 19.3S%. 4. In accordance with the State-Local Transportation Partnership Program Guidelines dated June 8, 1994 the project eligibility for Cycle 5 projects is limited to contract items plus locally funded State or Local Entity furnished materials and supplemental Work. Supplemental Work eligibility is father defined under the Project Eligibility section of the Guildelines as limited to certain maximum costs and to non,-early reimbursement projects of $300, 000 or less. Page 3 of 3 000068 801d SM MCI Sulu 01 OMI`DN3 1Sd07 Him! W08 60:80 0662-ZZ-170 Date: September 30, 1994 rPROGRAM StTPPLMdENT NO. 003 Location: 05-SLO-0-ATAS to Project Numbart SB95-5423 (003) STATL--LOCAL TRANSPORTATIOg E.A. Number: 05-929684 FARTnrr M.TP PROGRAM AGREMONT NO. SLTPP-5423 This Program Supplement is hereby incorporated into the State-]focal Trans- portation • Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 02/14/94 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. , approved by the Local Entity in (See copy attached) . The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: EL CAMINO REAL TYPE OF PORK: RECONSTRUCTION LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WoRIt [X] Construction Estimated cost( State Share Funds J Matching Funds IFY95 $ 109202 Local OTHER OTHER $ 564352 FY96 $ 0 $ 4551491$ 0 $ 0 FY97 $ 0 CITY OF ATASCADERO STATE OF CALIFORNIA Department of Transportation By By DISTRICT LOCAL STREET AND ROADS ENGINEER Date Date Attest Title I hereby Certify upgri my peraanal knowledge thAt budgeted funds axe available for this encumbrance: Accounting Officer Date .3a $ 1.09202 .00 Chapter 6tatutea I Item Year program Jacl rand &aurae I AMOUNT 139 1994 2660-125-042 94-95 20.25.010.100 C 258010 062-T 109302.00 Page 1 of 3 A-ffArni4LAz'&Vor 1 60'd SHIM and Shill 01 ONI 49N3 1St100 HiNON WON=l 67:80 b66T-TE-110 - 05--SLO-0-ATAS ]DATE: 09/30/94 SE95-5423 (003) SPECIAL COVENANTS OR REMARKS D. The financial audit and Final Project Expenditure Report provisions of Sections 9 and 10 of ARTICLE I of the Master Agreement are not applicable to this PROJECT. 3 . The Reimbursement Ratio for this Cycle 5 (94/95) !Project is 19.35$. 4. In accordance with the State-Local Transportation Partnership Program Guidelines dated June B, 1994 the project eligibility for Cycle 5 projects is limited to contract items plus locally funded State or Local Entity furnished materials and Supplemental Work. Supplemental Work eligibility is futher defined under the Project Eligibility section of the Guildeli.nes as limited to certain maximum costs and to non-early reimbursement projects of $300, 000 or less. Page 3 of 3 01'd s>n anci salts 01 ON I 'ON3 iSa03 HIWN W08=1 09:80 17661-TZ-100 RESOLUTION NO. 113-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF PROGRAM PPRQGENTS UNDER THE RAM AGREEMENT NO. SLTSTATE-LOCAL423 TRANSPORTATION PARTNERSHIP WHEREAS, the City of Atascadero entered into the State of,California MASTER AGREEMENT known as STAT:-LOCAL KANSPQRTATlON PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5423 on February 14, 1994, and WHEREAS, the State of California has created Program Supplement No. 001 for funding for a portion of the public improvements in the Las Encinas Assessment District and Program Supplement No. 002 forand Prognding ram Supplement portion pplement No�OU3 farlic rfu ding forovements the 3F Meadows Assessment District a portion of the public improvements in the Camino Real Assessment District, and WHEREAS, adoption of the Program Supplements by the City of Atascadero is required by the MASTER AGREEMENT, THEREFORE, the City Council of the City of Atascadero, California hereby resolves as follows: 1. The Mayor is hereby authorized to execute Program PARTNERSHIP PRQG Supplements to the STATE-LOCAL TRANSPORTATION AGREEMENT NO. SLTPP-5423• 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3, The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 27th of October, 1994. On motion by Counciiperson , and seconded by Councilperson -- • the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: 0000"71 T I'd S>II'1 €ifld SH1H 01 ON I`SN3 1SH00 HINON W0W 0g:80 t GG'-ZZ-100 g ZZ'd �ti101 Resolution No. 133-94 Page Two CITY OF ATASCADERO By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO CONTENT: STEVEN J. SYLVESTER, City Engineer APPROVED AS TO FORM: ARTHER R. MONTAN DON, City Attorney 93107DS I.ATA 000072 ET*d SAM End Shcti Ol ONI`S!3 1Sd0O HI2M WON-A IS:SO V667-TE-100 i REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda It B.1 Through: Andrew J. Takata Meeting Date: 10/27/94 City Manager From: Henry Engen, Community Development Directo SUBJECT: General Plan Study Session - To review the Urban Services Line policies and possibly initiate consideration of amendments to the Land Use Element (continued from August 9, 1994, Citf Council meeting) . RECOMMENDATION: Following discussion, give direction to staff relative to possibly initiating Land Use Element amendments and iegotiating preparation of an Environmental Impact Report with aa environ- mental consultant. BACKGROUND. At the City Council's meeting of August 9, 1994, staff presented the attached staff report outlining the City's Urban Services Line General Plan policies. Following discussion (see attached minutes excerpts) it was the direction of a majority of the Council to look at a number of possible revisions to the Urban Services Line with staff to bring back cost estimates for environmental and related work. Subsequently, meetings have been held with three (3) consultant firms and the attached proposals have been submitted by SEDES and The Morro Group for consider- ation. DISCUSSION: Both proposals look to a tiered approach to prepari g an Environ- mental Impact Report for the "project", which would be a General Plan Amendment and possible accompanying Zone Changes. Further, they are generalized as a program EIR that does not get into the specific details of potential development in the st dy areas but would look to future project proposals being accompanied with environmental analysis which would speak to specific development issues on the property. The program EIR would set Jorth the nature of mitigation measures to address the environmental impacts of the Land Use Map changes being considered. Despite 0('. 073 some relatively minor misunderstandings and differences in understanding of definitions of the project, the cost estimates for the work proposed by both firms is very close. SEDES proposal provides a breakdown by sub-area (except for the area west of Highway 101 north of Del Rio) which would show single EIR costs ranging from $25,880 to $38,580 depending on the level of work performed by staff. Were the North and South Urban Services Line .changes developed as separate documents, the cost would be $50,820. The Morro Group, on the other hand, developed cost proposals for a single EIR for the whole project scope with an overall cost estimate of approximately $40,960 with an optional cost benefit study of $6,400, bringing the total to $47, 360. It should be noted that neither consultant developed EIR cost estimates for the charge of the Council to also consider changing Neighborhood Commercial to CommercialRetail language in the City's regulations. Following the Council's meeting, the Planning Commission - in an ongoing study to rewrite the Zoning Ordinance - has been dealing with just that issue and staff would recommend that that matter be handled in the context of a rewrite of allowable uses within the various zones. SUMMARY OF GENERAL PLAN AMENDMENTS DISCUSSED: 1. Looking into consolidating some of the commercial designa- tions. 2. Expanding the Urban Services Line to Santa Barbara Road at the south end of the City to designate the 62 acres between El Camino Real and Highway 101 as Commercial. 3. To expand the Urban Services Line along E1 Camino Real up to, and including, anything that fronts E1 Camino Real within the Urban Services Line (including the so-called Rochelle property) . 4. Look at expanding Del Rio Road on the west side of the freeway (Hemingway property) (subsequently clarified by Councilman Carden as a larger ±17-acre area in addition to the Hemingway property) . 5. Look at what the land uses might be with these changes. As noted in the accompanying August 9th staff report, changing the Urban Services Line calls for changing the underlying land use designation to something other than Suburban Residential. Hence, proposing moving the line generates the need to evaluate alternate urban land uses that would be appropriate in addition to impacting sewer service planning. 0 01 1)0�� GENERAL PLAN PROCESS: • When theLa P Land Use Element was adopted in 1992, it concluded a 6- year process including community forums in each quadrant of the community. Individuals were advised to submit requests for any land use designation changes that they desired for consideration. Since Council's action, there have been inquiries on ','the part of affected property owners interested in following the 'same process for this proposed update as was followed in the orig*nal case. It should be recognized that this can become a very Staff-time intensive procedure. Processing a potential General 'Plan Update would involve at least the following: 1. Consultation with the selected environmental consultant to refine the scope of work and approve a contract; 2. Notification of individuals within the designated areas of the process that the City is going through and elicit their input as to land use changes that they would like to have considered. 3. Staff Analysis - quantifying the range of land use intens- ities that could result and provide them to the consultants for environmental evaluation. Staff would then review the administrative draft of the EIR prior to distribution. 4. Draft Environmental Impact Report public hearing before the Planning Commission would be held to facilitate ', public input during the public review period. 5. Based on the Draft EIR and public response, staff recommen- dations on proposed amendments to the General Plan and Zoning Ordinance would be prepared. 6. Public hearings before the Planning Commission on potential General Plan amendments and the Environmental Impact Report would be held. This would probably take two (2) hearings. 7. Public hearing before the City Council to consider Planning Commission recommendations on the General Plan amendments, together with possible Zoning Ordinance amendments for any land use changes proposed in the General Plan. : This would take at least two (2) meetings, assuming there are zoning amendments involved. WORK PROJECT PRIORITIES: Attached herewith are the Community Development Department's current work priorities as expressed in the FY 1994-35 budget. It should be noted that this particular piece of work was not anticipated when the budget was prepared. In addition, the . attached January 1, 1993 memorandum indicates the priorities given the department following. a 40% reduction in the Building I and Planning Divisions' staff. It should be noted that the last time the General Plan was comprehensively amended, the Land Use Element was done in-house by staff at a time when there were two more planners and one more secretary on the staff. With the reduction in the Planning and Building staff, plus the concurrent absorption of Public Works Department functions by the Depart- ment, there would be a need to provide direction to change work priorities. Note in the attached memorandum, that New City Special Projects were listed next to last priority followed only by new State-mandated activities. New major projects require readjustment to priorities 1 - 10, which range from building permit review to rewriting the Zoning Ordinance to be consistent with the 1992 Land Use Element. Therefore, should the Council choose to pursue this project, staff would request direction as to what priorities to assign the aforementioned activities. FISCAL IMPACTS: The fiscal impact to date includes the loss of $11,000 in FY 1994-95 revenues based on the estimated cost of an EIR for the Hendrix project, which was withdrawn after the City Council's August action. The City's fee represents 15% of the consultant's fee for the detailed EIR on the project that had be applied for. In addition, over $1,000 in staff-time has been expended leading to this staff report. The consultants' cost ranges anywhere from approximately $25, 000 to $57, 000 depending on the consultant selected and refinement of the work program. In addition, staff time would be dramatically affected and the priorities would need to be addressed. A con- servative estimate of City staff costs plus expenses would be to multiply the environmental consultant's costs by 2 . Typically, our experience with General Plan projects is for the EIR to represent 1/3 of the total cost. Put another way, this project could be expected to take from 4 to 8 months of a planner's time. Bottom Line: This is a $50 - $100,000 project. HE:ph Encls: General Plan Amendment EIR - SEDES, October 7, 1994 General Plan Amendment EIR - The Morro Group, October 18, 1994 August 9, 1994 - City Council Staff Report August 9, 1994 - City Council Minutes Excerpts Work Program - Community Development Department Fiscal Year 94/95 1993 Priorities Memorandum - January 1, 1993 i ( ,'«0'74.2 sedes site and environmental design 849 monterey st. • san lui obispo • california 9 401 (805) 544-8408 a california corporation LANDSCAPE ARCHITECTURE AND PLANNING October 7, 1994 RECEiV! D Mr.Andrew Takata City Manager � , ATASCApERO CITY MAI��,ibi- , �, Administrative Offices 6500 Palma Atascadero CA 93422-4299 RE: General Plan Amendment EIR Dear Andy, I have prepared the following preliminary scope and fee based on our discussion last week. My understanding of the City's objectives is as follows: ❑ to analyze the environmental impacts of an urban services line(US ) change at the north part of El Camino Real to include about 200 acres of land currently outside the USL. ❑ to analyze the environmental impacts of a USL change at the so4th part of El Camino Real to include about 300 acres of land currently outside the USL. ❑ to analyze the environmental impacts of a zone change to comm e cial land use of about 100 acres, as a portion of the lands in the south part of the City des bed above(Hendrix property). e to analyze the economic impacts on downtown businesses of lands potentially rezoned to commercial land uses. Fee Estimate The following is a breakdown of estimated costs .for each task separs.�ing ly and for all tasks combined in a single EIR. Considerable cost savings are possible by comb all into one EIR, as well as performing some tasks "in house." 0 Task Description Fee 1. Prepare EIR for the northerly USL change: $ 13,770 2. Prepare EIR for the southerly USL change: $ 15,450 3. Inclusion of analysis for zone change of Hendrix property in Task 2 above: Add to Tas 2: $ 2,000 4. Prepare single EIR for Tasks 1,2 and 3 above: $ 25,880 I Jerry D.Emery, ASLA David W. Foote, ASLA 1616 2117 10000 Atascadero General Plan Amendment EIR sedes Proposal 5. Preparation of an economic impact analysis as a separate but parallel document to the EIR: Task 1: $ 4,500 Task 2: $ 4,500 Task 3: $ 6,000 The following tasks which could be performed by the City at a probable cost savings are not included in 1-4 above. The additional cost to include them is noted in parentheses: Initial Studies/NOP: Task 1 ($ 2,000) Task 2 ($ 2,000) Task 4, ($ 2,500) Report Reproduction: Task 1 ($ 1,800) Task 2 ($ 1,800) Task 4 ($ 2,200) Fiscal Modeling Task 1 ($ 1,500) Task 2 ($ 1,500) Task 4 ($ 2,000) Work Scope The following is a brief description of the various study topics and staffing for each. Consultants include Crawford Multari & Starr; Jerry Michael, Civil Engineer; Keith Higgins, Traffic Engineer,and Dr. Michael Hanson,biologist. Land Use sedes-David Foote,CMS-Mike Multari Existing and "worst-case" scenarios for land use in the USL expansion areas will be defined as a basis for quantifying and comparing impacts under other topics (e.g., public services, wastewater flows,population, housing, etc.). CMS will assist in this effort, using their familiarity with the current General Plan and issues that surfaced in the recent update cycle. Cumulative Impacts sedes -David Foote and Team Members In a program EIR the issue of the cumulative effects of a General Plan change becomes a key topic. The analysis of all topics will address cumulative impacts using as a baseline the projections of the General Plan update EIR. 004)07G I Atascadero General Plan Amendment EIR sedes Proposal Growth Inducement sedes -David Foote The change in the USL line, especially with respect to where any sewer main extensions occur, could have significant growth inducing effects. Different scenarios will be compared. Traffic Keith Higgins-Traffic Engineer Since potential land use changes(density and/or use)involved in the proposed USL changes have not been accounted for in the Circulation Element update, the "worst-case" band use scenario will be evaluated for trip increases and impacts on the road system. The analysis will be programmatic and will not include intersection analysis. Mr. Higgins has prepared detailed intersection analyses for the Del Rio, Santa Cruz and Santa Barbara freeway overcrossings"' that can readily be referenced in this analysis. This study topic represents about 30% of the total fee. More precise scoping could reduce costs for traffic analysis. Air Quality Crawford Multari&Starr-Dave Moran Trip generation data from the traffic analysis will be modeled using URBEMIS and emissions will be compared to the Clean Air Plan thresholds for program-type actions. Generally, this threshold is that percentage increase in ADT not exceed the projected population increases over the same . period. Public Services cedes -David Foote Cumulative impacts of the proposed changes upon water supply, wastewater disposal, solid waste disposal,police and fire protection and schools will be addressed in this section. Housing and Population sedes -David Fcote This section will briefly outline the effect of potential land use changes on housing and population. The analysis will identify possible effects of increased densities as well as the potential for inducement to rezone property to commercial use. Biological Resources Dr.Michael Hanson Dr. Hanson will review the Hendrix property to determine if a jurisdictional'wetland exists. This will establish the basis for programmatic mitigation measures that could guide future development proposals. 00007'7 4 Atascadero General Plan Amendment EIR sedes Proposal Drainage and Flooding is Jerry Michael,RCE,Tierra Engineering At a general level,upstream and downstream constraints on Paloma Creek will be identified using previous studies and field reconnaissance. The impact on upstream and downstream conveyances resulting from floodway modifications on the Hendrix property will be evaluated to establish programmatic mitigation measures. In the course of the initial study, it may be determined that this study topic need not be addressed for this EIR. Fiscal Impacts Crawford Multari&Starr-Mike Multati and Dave Moran CMS can perform the fiscal modeling for a cost/revenue impact analysis if the City elects not to do this "in house". Economic Impacts Crawford Multari&Starr-Mike Multari sedes recommends that the analysis of possible economic impacts on the downtown not be included in the EIR. Economic impacts do not fit nicely in the CEQA framework. Controversy around economic projections tends to be policy, not environment,oriented. We recommend that this analysis be prepared separately,but parallel,to the EIR in a document that can stand alone and be included in the overall discussion,and record,on the General Plan change. The fee estimate of $6,000 includes one public meeting. In conclusion, I would emphasize that this work scope and fee are preliminary and subject to refinements that could reduce costs. Hopefully this will provide a budget figure for overall costs and a first pass at a work scope that can now be evaluated by staff and the Council. Please feel free to call me if I can provide clarification or more information. Thank you for considering sedes for this work. cerely, David F AS A 0000'78 ................................ 1:;:.H- E---:-:M0R-R-0:: Environmental Services•Monitoring •Planning October 18, 1994 AJ , Mr. Henry Engen Community Development Director City of Atascadero 6500 Palma.Avenue Atascadero, CA 93422-4299 RE: Request for Proposal for Proposed General Plan and Zone Amendment of Four Areas in the eastern and western most portions of the City Dear Henry: Thank you for considering Morro Group for submittal of a cost estimate for the preparation of the General Plan Amendment EIR. Based on our previous conversations, the City is interested in preparing an EIR covering proposed changes to land uses in four study areas of the City, generally described as follows: • Davis-Nemo parcel currently zoned Suburban Single Family and located at the eastern city limits • Dove Creekparcels located at the eastern city limits currently zoned Neighborhood Commercial and located at the eastern city limits • Davis parcel located at the north western city limits currently zoned Tourist Commercial • Approximately 110 parcels located to the north of El Camino Real at the north western city limits (referred to as the El Camino Real parcels) Currently, no specific land uses have been designated for these study areas, although there is interest on the part of some of landowners to change to specific land uses. Because there are not specific project proposed on these parcels, we are recommending the preparation of a Program EIR. The California Environmental Quality Act Guidelines (referred to as CEQA Guidelines) defines a Program EIR as an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographicallv, (2) As logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations,plans,',or other general 0000,79 1443 Marsh St. San Luis Obispo, CA. 93401 - (805) 543-7095 VAX (805) 543-2367 criteria to govern the conduct of a continuing program, or (4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. (§15168 of the CEQA Guidelines) The use of a program EIR allows a lead agency "to characterize the overall program as the project being approved at the time (discussion following CEQA Guidelines, § 15168). A program EIR acts an ' analytical superstructure for subsequent more detailed analysis. The program EIR should identify those probable environmental effects that can be identified. For those impacts that cannot be predicted without undue speculation or for which the deferral of specific analysis is appropriate, the agency can defer such analysis until later points in the program approval or implementation process. In using the Program EIR concept, it allows the City to evaluate the potential environmental impacts in a more general sense for the general plan and zone amendments while requiring subsequent"tiered"EIR to evaluate site specific environmental impacts at the time a specific project is proposed for the areas in question. Tiered program EIRs can "incorporate by reference the discussion in any prior environmental impact report and which concentrate on the environmental effects which(a)are capable of being mitigated, or (b)were not analyzed as significant effects on the environmental in the prior environmental impact report(PRC Section 21068.5)." For the Program EIR on the proposed changes to the General Plan Land Use Plan, the following documents can be incorporated by reference to the extent that these documents covers information applicable to the general plan areas: • Final EIR for the Atascadero General Plan • Final EIR for the Rochelle Auto Mall • Any Environmental Analysis for the Outlet Center • Final ETR on the Circulation Element • Any other applicable EIRs on specific projects near the general plan areas or that contain any information regarding cumulative effects It is our intent to provide a Program EIR which meets CEQA requirements, given the ability to"tier"the level of detail of information to that which is necessary to determining the potential environmental impacts of the amendment to the general plan. This will reduce the cost of the Program EIR by transferring site specific analysis to future subsequent EIRs related to specific projects that may be proposed in these areas. It also reduces the scope of the work and the topics covered in the Program EIR, and thereby reduces the cost of the EIR. Mary Reents, President of Morro Group, will be the Project Manager and principal preparer of the Program EIR. Mrs. Reents has been preparing environmental documents since 1971, and currently is the Project Manager for the Rocky Canyon Quarry Program EIR being prepared for the County of San Luis Obispo. She will be assisted by Dr. Don Asquith, Engineering Geologist, Geohydrologist, who will be responsible for the preparation of the Geology, Air Quality, Water Resources and Drainage sections. Andrew Merriam, A.I.A., and Planner with Cannon Associates, will assist in determining the alternative land uses for each study area and will prepare the Visual Resources and Traffic sections. Mary Reents will prepare the remaining environmental analysis. Resumes and Qualifications of the project €i00080 2 0 team are included in the Statement of Qualifications attached to this letter proposal. Our proposed scope of work is given as follows. Note that we are 'not proposing to conduct any new research but are mainly relying on information contained in existing documents or that can be supplied by City staff. Any new research that is necessary can be deferred to subsequent EIRs on individual projects. The Program EIR cannot eliminate the need for subsequent environmental review on specific actions. SCOPE OF WORK The Program EIR will be a full scope EIR, and for consistency,it will follow the contents of the EIR for the City's General Plan prepared by Crawford Multarl & Starr in July, 1991. The information will evaluate the area changes including pot¢ntial cumulative impacts on the following topics: • Population,Housing and Employment • Land Use • Services • Circulation • Air Quality • Groundwater • Earth Resources/Geology • Drainage/Hydrology • Vegetation and Wildlife • Archaeological Resources • Visual Resources/Aesthetics • Cost/Benefit Study (Optional and an added section not included in the General Plan EIR) A. PROJECT DESCRIPTION The project description will be based on the information supplied by the City and will generally describe the proposed changes to the General Plan. For each of the four areas indicated, the potential and likely alternative land uses will be indicated (estimating the development of two to three alternative land uses (or combinations of land uses) for each study area. For instance, for the Nemo/Davis property currently designated as Suburban Single Family, potential changes could be Low Density Single Family* Moderate Density Single Family, High Density Single Family, or Specific Plan Area. The proposed designations for evaluation will be derived based on discussions with City staff and possibly from the property owner(although a letter from the City to the property owner with a written response from the property owner would be preferable). The designations selected would constitute the alternatives to be evaluated in the Program EIR. Mary Reonts will be assisted by Andrew Merriam, A.I.A. in the preparation of this section. Scope of Work 1. General Plan site locations and legal descriptions,including the Assessor's Parcel Maps,regional and vicinity maps and any other graphics needed to indicate general information. 3 000081 E 2. A description of the proposed changes,including alternative land use designations for each of the four areas and estimated densities/square footages will be given. 3. Project objectives will be clearly identified,and will include a description of the tiering and the level of environmental review for the first"tier"of the Program EIR. B. SUMMARY This section will be prepared by Mary Reents and will be in accordance with Section 15123 of the CEQA Guidelines. It will include the following items: Scope of Work 1. A brief summary of the proposed land use changes 2. A summary of impacts and mitigation measures,indicating class of impact and residual impacts after mitigation for each study area and each alternative land use designation. 3. Each environmental issue will be briefly discussed, and the project and cumulative impacts and mitigation measures will be identified. 4. We anticipate providing the alternatives information in a series of four tables,one table for each study area. The tables will evaluate each proposed land use and the potential impact of that land use. Based on the evaluation, the alternatives will be ranked for each study area , if possible. A summary of these alternatives tables will be included in this section(the more detailed tables will be found in the alternatives section). 5. Summarize in matrix form the subsequent environmental studies needed for each land use alternative for each study area. C. ENVIRONMENTAL SETTING An environmental setting section will be prepared by Mary Reents and will be included in the Program EIR in order to familiarize the readers with general project site and surrounding area characteristics. Scope of Work 1. A description of the physical characteristics of the site and surrounding area(geology,biology,and land characteristics). Photographs of the study areas and existing uses will be included for frame of reference. 2. A detailed description of the present use of each study area will be given,including descriptions of the current land use designation and zoning for study area. Since this is a General Plan update EIR, no consistency section will be included, because any change will not be consistent with the existing Land Use designation or zoning. 3. This section will indicate the level of cumulative analysis, which , at this time appears to be a combination of the most likely general plan designations for the four study areas added to the existing 4 0ff, 082 cumulative analysis for the entire City. D. ENVIRONMENTAL ANALYSIS An introduction to this portion of the Program EIR will be given to familiarize readers with the format of the environmental analysis, particularly relating to the degree of specificity. Each issue of the environmental analysis will be divided into a descripoon of the Existing Conditions, Project Impacts and Mitigation Measures for each of the study areas. This will be somewhat laborious but it will be helpful in subsequent years when site specific projects "tier"off this master document. Environmental Issues 1. Population, Housing and Employment This section will identify the existing population, housing and employment characteristics and will generally update the information in the General Plan and EIR.. Each study area alternative will be evaluated to indicate the potential change in these socioeconomic characteristics. This section will be prepared by Mary Reents. Scope of Work 1. A description of the current City-wide population,housing and economic characteristics based upon Census data obtained from the City will be given in this section. Each study area, given existing land use designations will be described for the same factors. 2. Based on overall City characteristics, estimate, as applicable the population, housing, and employment, income or income generating effects of each potential alternative for the four study areas. This will be compared with the potential for the land uses designated in the existing Land Use Plan to determine potential impacts. 3. Based on impacts for each study area,recommended mitigation measures,if any,will be given. 2. Land Use The City is proposing to change land uses as designated in the Land Use Ian of the General Plan. This section will evaluate the proposed changes in land use as it compares with the overall designations and "balance" of land uses within the City. This section will be prepared by Mary Reents with assistance from Andrew Merriam. Scope of Work 1. Summarize the proposed land use changes and compare them with the existing balance of the Land Use Element by land use category and study area. 2. Based on the comparison, determine if there will be any imbalances in land uses for each study area/City that could constitute a shortage of any one type of land use and if that will constitute a significant impact on overall balance of land uses. 5 000083 3. Recommend mitigation measures or alternatives for each study area. r 3. Services This section will be an important focal point of the Program EIR. No new studies will be conducted at this point, but we will rely on the information available with the City Planning Department and Engineering Department. The information generated will not be project specific but will be estimates based on the maximum allowable densities/square footages, etc.-for each land use alternative by study area. Subsequent environmental review will be necessary in this category when specific projects are proposed. This section will be prepared by Mary Reents. Scope of Work 1. Evaluate the existing capacities of the water,waste water,solid waste,police and fire services,parks, and schools. Use the estimate build out capacity of the City to determine the base for comparison. 2. Determine the potential demand for services given the alternative land uses for each study area. Based on this determination,estimate potential impacts on these services for each alternative land use fore each study area. 3. Generally discuss the potential fiscal impacts related to the demand for public services. 4. Recommend mitigation measures or alternatives to be considered for each study area. 4. Circulation This section will rely on the information generated in various traffic reports conducted in the past several years within the City of Atascadero, including recent traffic counts for the western portion of the City generated for the Rocky Canyon Quarry Program EIR being prepared for the County of San Luis Obispo as well as traffic information available with the City of Atascadero and from the existing Circulation Element of the General Plan. No new traffic counts or studies are being proposed. This section will be prepared by Andrew Merriam. Scope of Work 1. Estimate potential trips generated for each land use alternative for each study area. These estimates will be based on ITE Trip Generation calculations. Levels of service for affected roads for each study area will be given as well as road conditions. 2. Based on the above information, determine the potential circulation impacts for each land use alternative for each study area. The impacts will be general in nature and will obviously require additional evaluation in subsequent environmental review at the time of site specific project applications. There are many variables related to traffic, including the potential cumulative impacts which will vary depending on when and where projects are proposed in the future. 3. Giventhe general cumulative impacts possible with land use changes, recommend mitigation measures that could be incorporated . 6 0000811 I 5. Air Quality Existing air quality basin information is available for Atascadero and qs covered in many previous environmental documents. This section will be prepared by Doig Asquith and will: • Compile the existing conditions section based on information in the Clean Air Plan with illustrations as appropriate. • Model project mobile emissions using URBEMIS3, traffic ''volumes and trip generation from the Road Capacity and Traffic Safety section, and other assumption, as reviewed with the APCD. The section will not include any Caline 4 modelling of intersections since this task would be better accomplished with future tiers of the EIR. Scope of Work 1. Based on data contained in the Clean Air Plan and in EIRs prepared in the area, provide a general description of the existing air quality for Atascadero. This information will not vary by study area. 2. Project emissions for each land use alternative for each study area using URB'EMIS3. We anticipate running URBEMIS3 for the worst case traffic estimates for each study area,of a total of four runs. In addition,a cumulative analysis will be projected based on the worst case scenario for all of the study areas. 3. Provide standard mitigation measures as recommended by the APCD. 6. Groundwater The groundwater information is contained in a report prepared by Morro Group in 1991 by Don Asquith. That information will be summarized, and updated if new information is available. Scope of Work 1. Provide a summary of existing groundwater information for the City. Estimate, based on existing water demand patterns,the potential water demand for each land use alternative''by study area. 2. Compare the projected water usage with existing availability and determine potential impacts. 3. Recommend mitigation measures. 7. Earth Resources/Geology The information contained in the EIR for the General Plan update would'be adequate for the evaluation of the alternative land use changes for each study area. Where necessary, existing data will be augmented by Don Asquith. G Scope of Work 1. Summarize the information contained in the EIR for the General Plan,Land Use,Conservation and Open Space Elements. Issues addressed will include slope stability,seismicity,and liquefaction.' 2. Determine if any of the study areas have potential geological impacts should the land uses change; if so,these will be identified. 3. Recommend any mitigation measures and subsequent environmental review,if needed. 8. Drainage/Hydrology Most of the potential drainage impacts will result from altering the specific study areas and these impacts will be site specific. However, for the.Program EIR, potential drainage problems can be identified by study area. These will not necessarily change based on proposed land use, but if there are any potentially significant differences in land uses on drainage,these will be identified.This section will be prepared by Don Asquith. Scope of Work 1. Generally describe the drainage patterns of each study area. This description will be based on existing information and no new drainage studies will be performed. 2. Review each land use alternative by study area and determine if the proposed land use changes will increase the potential for drainage impacts. Generally determine impacts. 3. Recommend mitigation measures and subsequent environmental review,if needed. 9. Vegetation and Wildlife Vegetation and wildlife characteristics are generally very site specific. For the purposes of this Program EIR, the biological communities will be generally described based on existing information from existing environmental studies and the National Diversity Data Base Maps. In addition, any potentially rare, threatened or endangered species that-may occur in the area will be identified. Subsequent environmental review will require site specific biological evaluations and inventory.This section will be prepared by Mary Reents. Scope of Work 1. Review existing information to determine a general description of the vegetation and wildlife characteristics of the study areas. Reference the National Diversity Data Base Maps and existing environmental documents. Conduct a windshield survey of the site and compile general species lists from available information. 2. The land use alternatives for each study area will most likely have similar impacts on the biological communities. The potential impacts will be identified by study area. If there are variations in land use categories that could change the potential impacts,these will be identified. 3. List recommend mitigation measures,and recommend subsequent environmental review,if necessary. 000086 �,0086 e 9 10. Archaeological Resources Archaeological records searches have been conducted for most of the City. This information will be reviewed, and where a records search has not been conducted for a specific parcel, this will be included. No surface surveys are anticipated at the first tier level of the Program EIR, and should be conducted at the project specific level. This section will be prepared by Mary Reents. Scope of Work 1. Review-existing archaeological information available at the City and in EIRs. Conduct records searches for any of the four study areas that to date have not been evaluated. Summarize this information for inclusion into the EIR. Note locations of archaeological and historic sites will not be included in the EIR to protect the resources. 2. Determine if there is a potential for historic evidence on any of the subject properties. 3. Recommend mitigation measures and subsequent environmental review. 11. Visual Resources/Aesthetics The change in the four study area land uses will be evaluated in terms of the potential for alteration of their visual appearance. This evaluation will be somewhat'general since there will not be sufficient information regarding the potential development on each site. However,potential visual concerns can be identified and general mitigation measures can be recommended regarding preferable land uses. This section will be prepared by Andrew Merriam. Scope of Work 1. Review and generally describe the visual characteristics of each study area. ;Specify potential view sheds and highlight the significant aesthetic features of each parcel. 2. Determine potential impacts to the visual characteristics for each land use alternative for each of the four study areas. 3. Outline general mitigation measures, if any, and recommend subsequent environmental review, if necessary. 12. Optional Cost/Benefit Study The change in the four study area land uses will result in costs and benefits to the City. It is the City's intent to determine if the costs will be greater than the financial benefits should land uses change. We propose to conduct a cost/benefit analysis for each of the three alternative land uses for the four study areas to determine if there are costs associated with the development of these areas based on the land uses that will not be`outweighed by the benefits. Mary Reents will prepare this section. She has prepared several cost benefit analysis in San Luis Obispo County including the Rancho San Miguel Project, a Pismo Beach specific plan and commercial complexes in Morro Bay. It is an Optional task and is • listed separately in the Cost Summary table. CEQA does not require that'a cost/benefit study be prepared but specifies that environmental issues be considered along with social and economic issues when evaluating a project. The study will be included in the Program EIR as an appendix. Scope of Work 1. In consultation with City staff, gather data on specific costs for services. Estimate for the most likely alternative for each study area,the potential city service improvements needed and estimate cost in 1994 dollars. The capital improvement program will be used as a basis for determining city wide projects.. 2. For residential uses;determine the estimated population and for c3-nmercial uses,ostimate a likely employment base. Determine sales data from State figures for commercial uses. 3. Determine reveneues based on possible value of uses. These will be general estimates and will include developers fees,sales and use taxes,school fees,etc. 4. Compare costs with revenue to determine net effect. Make recommendations for change in Capital improvement programs/improvements which should be required of development in the study areas and recommend further mitigation measures as necessary. E. ENVIRONMENTAL ANALYSIS The Program EIR will include the required CEQA sections for General Plan EIRs, including Alternatives, Growth-Inducing Impacts, Short-Term Uses Versus Long Term Productivity, Significant Irreversible Environmental Changes, and Mitigation Monitoring. The Alternatives section will provide a summary of the various land use alternatives evaluated throughout the impacts evaluation sections. In addition, the No-Action Alternative and the Environmentally Superior Alternatives for each study area will be described. It is anticipated that the majority of the alternatives evaluation will be provided in tabular form. Growth-Inducing Impacts, Short-Term Uses Versus Long Term Productivity and Significant Irreversible Environmental Changes sections will follow CEQA Guidelines for preparation of these sections. Since there are no specific projects being evaluated, the Mitigation Monitoring Section will summarize the mitigation measures recommended for each study area and will summarize the subsequent environmental review for each study area by land use alternative. Methods for implementation of the mitigation measures will be given with the proviso that subsequent environmental review on specific projects may alter or refine the mitigation measures to be implemented. F. OTHER REQUIRED SECTIONS Other required sections, such as an introduction, list of agencies contacted, references and appendices will be included. Morro Group will develop the Program EIR following all applicable City, County and State requirements. Emphasis will be on the document's readability by the public and concise discussions. Technical verbiage will be defined if used in the text; but technical information which may be difficult for the public to understand will be left in appendices. 10 000088 i G. REPORT PREPARATION The Program EIR will be printed two-sided on recycled paper at 8 1/2 X 11 vertical format with possible I Ix17 graphic insertions when needed. No color graphics have been included in order to reduce cost. All documents will be spiral bound. Working drafts for City staff will be presented in three-ring notebook binders. Morro Group will submit the Program EIR master copy on a floppy disk in IBM Word Perfect 5.1 or other general"DOS or_Macintosh format specified by the city. This will assist staff in using the Program EIR information in subsequent environmental reviews and in staff reports. The City has not specified the number of documents needed for circulation purposes. Morro Group can either submit to the city a master copy containing original graphics that can be used to print the required copies or the copies can be supplied. For purposes of the cost estimate, we are assuming that we will provide the necessary number of copies. Costs are based on the following: 3 Administrative draft Program EIRs for staff review 30 Draft Program EIRs 3 Administrative Final Program EIRs for staff review 35 Final Program EIRs H. PUBLIC HEARINGS AND MEETINGS The Project Manager will be available for attendance at four staff meetings and two public hearings. Attendance of other project team members and attendance at aidditional meetings and hearings will be determined by the City and cost will be billed on an hourly basis. • I. SCHEDULE OF COMPLETION Morro Group can begin preparation of the Program EIR after December 1, 1994 and will provide the City with an administrative draft report within 90 working days from authorization to proceed. J. COSTS Costs to prepare the Program EIR are summarized on the attached table. We recommend that the preparation of the Program EIR be a fixed fee. A budget has been given for meetings and hearings. Morro Group will bill hourly against that budget and will`attend only those meetings requested by the City. Additional information regarding Morro Group insurance, project qualifications, and experience are given in the attached Statement of Qualifications. If you have any questions regarding our proposed scope of work, please contact me. Sincerely, l Mary B. Rents President COST SUMMARY PROGRAM EIR FOR GENERAL PLAN LAND USE PLAN AMENDEMENT FOUR STUDY AREAS IN ATASCADERO, CA OCTOBER, 1994 Task Staff Hours Project Description Reents 16 $1,280.00 Merriam 12 $1,020.00 Summary Reents 16 $1,280.00 Environmental Setting Reents 8 $640.00 Environmental Analysis 1. Population Reents 16 $1,280.00 2. Land Use Reents 8 $640.00 Merriam 16 $1,280.00 3. Services Reents 32 $2,560.00 4. Circulation Merriam 50 $4,000.00 5. Air Quality Asquith 24 $2,040.00' 6. Groundwater Asquith 16 $1,360.00 7. Geology Asquith 8 $680.00 8. Drainage/Hydrology Asquith 32 $2,720.00 9. Vegetation/Wildlife Reents 16 $1,280.00 10. Archaeological Resources Reents 8 $640.00 11. Visual Resources Merriam 24 $1,920.00 Alternatives Reents 32 $2,560.00 Mitigation Monitoring Reents 16 $1,280.00 Analysis Sections/Report Prep. Management Reents 40 $3,200.00 Response to Comments Reents 32 $2,560.00 Public Hearings/Meetings Reents 24 $1,920.00 Sub-Total $36,410.00 Document Preparation 3 Administrative Draft PEIRs($30/copy) $90.00 30 Draft PEIRs ($30/copy) $900.00 3 Administrative Final PEIRs($35/copy) $105.00 35 Final PEIRs ($35/copy) $1,225.00 Graphics $1,000.00 Secretarial/Word Processing $1,000.00 Expenses $500.00 Sub-Total $4,820.00 TOTAL COST NOT TO EXCEED $40,960.00 Optional Cost Benefit Study $6,400 Additional Public Hearings/Meetings- at cost 12 000090 ti REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-1 Through: Andrew J. Takata Meeting Date: 08/09/94 City Manager From: Henry Engen , Community Development Director SUBJECT• General Plan Study Session - To review the. Urban Services Line Policies and possibly initiate consideration of amendments to the Land Use Element. RECOMMENDATION: Following discussion, give direction to staff relative to possibly initiating Land Use Element amendments . BACKGROUND: At City Council ' s meeting of July 26, 1994, Counciimember Carden requested setting agenda time for a working session'! to review the City' s Urban Services Line General Plan policies . The formal application deadline for amendments to the City' s General Plan is October 1st and April 1st but the City Council may initiate General Plan Amendments for consideration at any time. Before any amendments may be brought to hearing, a staff report is required, including an environmental analysis and development of recommen- dations leading to hearings before the Planning Commission and ultimately action by the City Council. DISCUSSION• The Land Use Element and Conservation and Open Space Elements were adopted in January 1992 following six ( 6 ) years of work, including preparation and certification of an Environmental Impact Report. The accompanying attachments highlight the existing General Plan language relative to the Urban Services Line and the relationship of that line to Suburban Single-Family Residential areas, wherein sewer service is not to be provided, and higher density residential areas where it is desired. In addition, the plan' s section on sewage disposal is included which reflects the priorities for provision of sewer service, indicating a lesser ', priority for • General Plan Amendments proposing the extension of sewer service to areas which are currently beyond the Urban Serviceds Line. Also 000091 pertinent to this study session is the plan' s language under "Specific Plan" on Page II-38, which designates the southerly portion of the City between the Salinas River and Highway 101 north is of Santa Barbara as being a candidate for higher density and, hence, inclusion within the Urban Services Line. The Land Use Element specifically indicates that: "Where major expansions are proposed an Environmental Impact Report shall be required" . The accompanying General Plan maps reflect the existing Urban Services Line, including the recent modifications approved by the City Council at the -%---aer of Del Rio and E1 Camino Real and at Viejo Camino and E1 Camino Real . Finally, that section of the General Plan EIR that addressed the matter of possibly extending the Urban Services Line to include the remainder of the northeast and southeast quadrants is included in the attachments . The EIR consultants somewhat simplified the potential impacts of including these areas by estimating that this would likely establish a density of one acre lots which could lead to some 650 additional dwelling units . Owing to the mobilehome projects in the northeast quadrant that would probably be allowed to reacquire RMF zoning, it is predictable that expanding the Urban Services Line would generate requests for consideration of the full array of urban uses allowed within the USL. The EIR noted also that: Significant capital outlays would be necessary to provide sewerage to these areas . The new developments to be served would likely be charged for this infrastructure through hook-up fees or assessment districts, so impacts on the community at large may not be significant" . FISCAL IMPACT• Depending on the extent of changes that might be directed for consideration, planning studies could be undertaken by existing staff by rearranging work program priorities . However, the requisite engineering analysis of sewer system impacts may or may not have a fiscal impact. Finally, should an EIR be required before such a project could go forth, that cost would have to be borne by the City. HE:ph Enclosures : General Plan Excerpts Land Use Plan Maps Final EIR (General Plan) Excerpts • 000092 I GENERAL PLAN EXCERPTS • From the Land Usj Element pertaining to the Urban Services Line land use policies L 00+ 093 i 0 rolling hills, but nearly level areas include the Salinas River flood plain and terrace, narrow lowlands adjacent to Atascadero Creek and Graves Creek, and the valley bisected by Highway 101. Between the freeway and the Salinas River are isolated hills, the most predominant of which is Pine Mountain whose 1,332 foot elevation provides a conspicuous backdrop to the central business district. The Salinas River, often referred to as the "underground river," defines the eastern boundary of Atascadero, excepting county park lands and the Atascadero State Hospital. The State Division of Mines and Geology has classified a considerable portion of the Salinas River channel as containing significant mineral deposits, namely sand and gravel resources (refer to Technical Appendix - Mineral Resources Management). The defined planning area contains significant divisions, each of which has a special application in the Land Use Plan. The function of these specific divisions may be described as follows: a. Urban Reserve Line The Urban Reserve Line indicates the ultimate boundaryfor urban and suburban uses. It relates closely to the provision of future public services and facilities and is dictated largely by topographic considerations, existing land use patterns and community attitudes. The Urban Reserve Line generally coincides with the Atascadero Colony boundary, except for two Agricultural Preserves and a portion of a third (the Eagle Ranch Agriculture Preserve has a total of 5,978 acres, of which 2,786 acres are within the Colony boundaries) that are located on the periphery of the Colony and excluding areas south of Santa Barbara Road and west of the summit of Frog Pond Mountain. Continued agricultural use of these properties is encouraged. If the properties are removed from preserve status and desire urban or suburban uses, it will be necessary to expand the Urban Reserve Line by amending the General Plan. The_ Reserve Area is further divided into two sub-areas the Urban Services Area and the Suburban Services Area. • 000094 II-6 i b. Urban Services Area The Urban Services Line defines the area Mat will eventually be furnished with major public and quasi-public services. This area will be served by some or all of the essential urban services, including: Ambulance Solid Wash Disposal Cultural Facilities Storm Drainage Fire Protection Streets Improvement Districts Street Sweeping Library Street Trees Parks Utilities Police Water Sewers Master storm drainage plans for selected sub-drainage basins within the urban service areas shall be prepared and implemented. i C. Suburban Services Area The Suburban Services Area consists of tDe remainder of the city and that portion of the Eaglet Tact within the city boundaries. Services to be provided are: Ambulance Police Creekway & Horse Trails Streets Fire Protection Solid Waste Disposal Improvement Districts Utilities Parks Water Importantly, sewer service will not be pr©vided in this area except for "cease and desist" septic problem areas and where approved by the City Council for public uses. Policies contained in the various elements of the ci*'s General Plan are intended to respect both the physical setting of the';city and the historic plan which guided its development. The plop provides for a 0100095 II-7 distinguishable urban core area surrounded by a low density suburban is residential environment. Beyond the city's urban reserve line - which might more accurately be identified as suburban reserve line - the city's plan encourages rural residential, agricultural and other open space types of uses to both reinforce the city's identity and to maintain the open space characteristics historic to San Luis Obispo County. It is not in the city's nor the county's,interest to allow land uses which would lead to the strip urbanization of either the Highway 101 corridor or Highway 41. In fact; neither one of these corridors can readily be widened throughout the county; 101 because of the Cuesta Grade and Highway 41 because of the extremely rough terrain lying between Morro Bay and the city of Atascadero. Maintaining the distinctive character of Atascadero will require coordinated planning with the county of San Luis Obispo. Toward this end, a county planning referral area encompassing that area lying between Vineyard Drive and the top of Cuesta Grade and between the summit of the hills east of the Salinas River and the Cerro Alto Campground west of the city has been established. The county will consult the city before considering any land use intensification within the unincorporated portion of this planning referral area. . 2. RESIDENTIAL The accompanying land use plan map broadly distinguishes between two types of residential areas: (1) areas within the Urban Service Line which are characterized by sewer service and urban densities, and (2) areas beyond the Urban Service Line which are characterized as suburban single-family large lot areas (including agricultural enclaves) which are on private sewer system s. Large lots are a distinguishing characteristic of Atascadero and the density standards of the plan and regulatory zoning regulations shall preserve this feature'thus insuring "elbow room" for present and future inhabitants. Such regulations shall also insure the keeping of domestic animals for pleasure and hobby with adequate protection of public health safety and general welfare. With regard to the density standards that are contained herein, "Net" shall mean minimum lot size exclusive of private or publicly owned abutting road rights-of-way while "Gross" shall include abutting road right-of-way, regardless of ownership. 000096 II-8 1,, Residential densities in the land use plan decrease as the distance from the core increases. This serves to maintain the rural atmosphere of the community together with defining a distinctive urban comunity. In order to understand the city's residential policies, they must be considered in conjunction with the policies of the housing element of theGeneral Plan. a. Single-Family Residential - Four categories of single-family residential land use are provided. Implementing zoning shall provide that single-family dwellings are the primary principal use permitted in each of these land use categories with conditional uses defined that may be authorized subject to findings of compatibility with the neighborhood. (1) High Density The minimum lot size for the creation of crew lots within high density single family residential areas shall be 1/2 acre, net. It is the city's objective that all such areas be served with sewer. • (2) Moderate Density Minimum lot size for the creation of new lets within moderate density areas shall be 1 acre (gross) if serv�d by sewers and 1- 1/2 acres (gross) if not served by sewers. (3) Low Density Minimum lot size for the creation of new ';,lots within the low density residential areas shall range from 1-1/2 to 2-1/2 acres gross. Determination of appropriate lot sites shall be based upon evaluation of such factors as slope, existence of a natural building site, availability of sewer service, response time for emergency services, distance from the center of the community, general character of the neighboring lands, percolation capa i ity of the soiFT-proposed for private sewageisposal systems, adequacy of access, and adequacy of building site. Low density residential areas are appropriate for areas within the Urban Service Line where topography is:relatively steep and 00009'7 where scenic or sensitive characteristics of the land should be protected through lighter density urban residential designation. (4) Suburban Minimum lot sizes for the creation of new lots within the suburban si-ngle-family residential category shall range from 2-1/2 to 10 acres, gross. Determination of appropriate lot sizes shall be based upon evaluation of such factors as slope, existence of a natural building site, availability of services, response time for emergency services, distance from the center of the community, general character of the neighboring lands, percolation capability of the site, adequacy of access, and adequacy of building site. Preference shall be given to conventional septic systems and new lots shall not be created which would require mound evapotranspiration, or evapotranspiration / infiltration sewage disposal systems. New lots averaging 30% or more slope shall not be permitted; provided that exceptions may be permitted when the following conditions apply: (1) Such a lot contains a "building envelope" with less than 20% average slope which includes building footprint, access drives, leach field, etc., or (2) The creation of , such a lot offers public dedications or easements which would have a direct benefit to city residents. This land use designation is the predominate land use in terms of acreage in the land use plan and occurs between the Urban Service Line and the Urban Reserve Line. b. Multiple-Family Residential Two categories of multiple-family residential are provided for in the land use plan: (1) high density, and (2) low density. In no event shall any minimum lot size--except as may be authorized through planned unit developments such as condominiums--be less than 1/2 acre. Further, multi-family developments shall not be permitted except where public sewer service is provided. In addition to apartments, townhouses and patio houses, this land use category also provides for mobile home developments including mobile home subdivisions or mobile home parks. Multi-family areas are allowed only within the Urban Service Line and zoning standards shall provide for amenities such as 000098 II-10 , • TABLE II-2 RESIDENTIAL DENSITY STANDARDS LAND USE CATEGORY MINIMUM LOT SIZE WITH SEWER WITHOUT SEWER Single-Familv Residential High Density 1/2 ac. (Net) 1/2 ac. (Net) Moderate Density 1 ac. (Gross) 1-1/lac. (Gross) Low Density 1-1/2-2-1/2 ac. (Gross) 2-1/2 ac. (Gross) Suburban * 2-1/x-10 ac. (Gross) Multiple-Family Residential High Density 161-bdr/ac. (Net) 2-1/2 4ic./unit(Gross) Low Density 101-bdr/ac. (Net) 2-1/2 itc./unit(Gross) Note: Refer to text for detailed criteria. * Suburban residential areas are outside of the Urban Service Line; however, sewer service may be provided to "cease and desist areas" with the residential density standards to remain unaffected. 3. COMMERCIAL The most challenging goal of the General Plan is to, reverse the strip commercial image of the city by implementing a land use strategy which encourages and establishes the creation of strong specialised nodes along EI Camino Real to meet the wide variety of commercial, retail and service needs of the city and its trade area. In addition to land use policies which provide for concentrations of compatible uses, the strengthening of the corridor will require private and publicly-funded improvements to enhance the city's image. These include development of a landscaped median along EI Camino Real beginning with the downtown area but ultimately expending from Santa Barbara Road to the edge of the retail commercial area northwest of San Anselmo. In addition, the city will continue implementing its appearance review and landscaping standards and seek implementation of the freeway landscape plan prepared by the city for properties lying between EI Camino Real and Highway 101. Attractive and effective signage standards shall be enforced for all the non-residential districts. II-12 000099 5. Participation in the impoundment of the Salinas River behind a second dam downstream from the Santa Margarita Lake Dam, on a site owned by Atascadero Mutual Water Company. 6. Participation in Nacimiento Water Project. 7. Participation in State Water Project. The Water Company should expand and refine ongoing water conservation programs to encourage prudent use of this valuable resource. (b) Sewage Disposal The Urban Service Line encompasses 3,620 acres or about 5.7 square miles of the city. Within this area, there are several improvement districts totaling about 2,100 acres which are served by sanitary sewers. In 1989, the city provided sewer service to 3,264 dwelling units out of a city total of 8,031 dwelling units, or 41% of the population. The average daily dry weather flow was 1,110,000 gallons per day, with a peak dry weather flow of 1,745,000 gallons per day. The treatment plant was designed to process 1.4 million gallons per day (mgd) and can be expanded to 1.8 mgd with relatively minor improvements. A sewer system master plan is being completed for the purpose of providing for the city's planned sewage (and septage) disposal needs. The Atascadero County Sanitation District (ACSD) was formed in 1956 and dissolved in 1988 with its duties assumed by the city. The original sewage treatment plant is located at Traffic Way north of the Highway 41 bridge across Atascadero Creek. This plant is now the site of the raw sewage pump station and is at the base of the city's gravity sewer collection system. The site also serves as the city's corporation yard. In 1978, voters approved a $1.3 million revenue bond as security for the local share of a new treatment plant on an 80-acre site adjoining the Salinas River south of Curbaril and northeast of the railroad tracks. This plant was completed in November, 1983 with treated effluent being pumped to either the Chalk Mountain Golf Course for irrigation or to infiltration basins. 000100 II-20 4Xi8"47t— The city shall continue to require adequate fees, to provide for the orderly expansion of the treatment plant and collection system. The Urban Service Line (USL) defines the maximum area that may be served by the sewerage system and any revision to the USL would require approval of a General Plan amendment. Where major_ expansions are proposed an Environmental lmp�ct Report shall be required. Priority for provision of sewer service shall be as follows: ° Areas Not Requiring Amendment of the General Plan: 1. Cease and desist areas, and other septic problem areas within the Urban Service Line. 2. Other areas within the Urban Service Line. 3. Cease and desist areas beyond the Urban Service Line. ° Areas Requirinq General Plan Amendment: 4. Other areas beyond the Urban Service Line requiring a more intensive General Plan map land use designation provided that the following findings are made: a. Extension of sewer service to the area will not overburden the city's sewer plant or collection system. b. Extension of sewer service to the area will not affect service to priority areas 11, through 3. A majority of the city's developed area will continue to be served by private sewage disposal. The Soil Conservation Service ranks much of the suburban residential and agricultural designated lands in the city of Atascadero as severe for septic systems, and most systems require engineered plans. Percolation tests shall be performed for each such lot prior to issuance of building permits. Percolation tests shall be 000101 I1-21 E required prior to the processing of applications for parcel or tract maps • where private sewage disposal systems are proposed. (c) Solid Waste Disposal Solid waste collection and disposal is carried on by a city-granted franchise. Participation in garbage collection has historically been voluntary, and there are cases of garbage and trash dumping along roadsides. Mandatory garbage collection shall be instituted for lands within the Urban Reserve Line. Pursuant to state law, a program to achieve maximum recycling of waste products generated by the community shall be instituted to prolong the useful life of the Chicago Grade Landfill. The city shall continue to support effective regional planning for solid and hazardous waste disposal. (d) Police Protection Prior to incorporation, the city's police services were provide by a sheriff's substation facility located in the Masonic Temple building in the civic center area. Upon incorporation, police services were located in the city Administration building. The configuration of the building does not lend itself to an appropriate police facility. A site on the edge of the downtown at EI Camino Real and Rosario has been selected to serve the city's needs to full build-out. Optimum location for a police facility is not as conditioned on distribution of population as is the case for fire stations. Police services are mobile and, therefore, the location is more flexible. The new police facility is centrally located on a high profile site with ready access to the arterial road system. (e) Fire Protection Fire protection within the city limits is provided by the Atascadero city Fire Department, which has mutual aid agreements with the San Luis Obispo County Fire Department and the California Department of Forestry. The Atascadero city Fire Department operates out of two fire stations, providing structure and wildland fire protection as well as emergency medical and fire prevention services to the public. 000102 11-22 luu"" 0 4 Support regional re ional pro rams to maintain clean air. Toward this end, adopt transportation and land uIse policies which encourage vehicular trip reductions. k. Underground utilities. All overhead utility wires should be replaced with underground service. I. Protect historic buildings and sites. Al,ascadero's historic buildings and features shall be preserved and protected in recognition of the role the community's pas# plays in its present and future. Consideration should be given to historic overlay zoning to protect appropriate historic districts. M. Salinas River Mining. Proposals to extract mineral resources from the Salinas River channel shall be carefully evaluated to ensure conformity with the State Surface Mining and Reclamation Act, surface mining criteria cpntained within the Zoning Ordinance, and flood hazard zoning standards (refer to Technical Appendix - Mineral Resources Management). E. IMPLEMENTATION Once adopted, local units of government are mandated to implement general plans (Government Code Section 65103(c)). State law'',; also requires local units of government to have subdivision and building regulations and open space zoning, all of which are tools for plan implementation. Other plan implementation measures are derived from state laws requiring consistency of local actions with the adopted general plan. 1. GROWTH MANAGEMENT Growth management consists of the systematic u$e of a combination of techniques to shape community development. �! The land use plan map is a "horizon" year plan portraying the desired ideal build-out of the city of Atascadero. It is the objective of the city to reach that full build-out at a rate of growth which allows co2durrent provision of adequate services necessary to meet the needs of additional growth, includina water, sewage disposal, roads and reasonable emergency response time to residences. Further, the plan's', intent is to protect both the environmental and aesthetic quality of 'the community by • 0001.03 II-347 i subjecting development proposals to high standards. Development of a sound economic base will be critical to maintaining and enhancing the community's identity as a distinctive freestanding city. Urban reserve and urban service line features of the plan are intended to work in concert with strong open space policies of the county. - Urto,r uses should be developed within the urban service line; suburban uses should be developed between the urban service and the urban reserve lines with open space uses guaranteed by county policies beyond the urban reserve line. The plan's policy of limiting urban reserve line expansion to that area between the Salinas River and EI Camino Real comprised of state and county-owned lands shall be coordinated with the Local Agency Formation Commissions' sphere of influence policies which should coincide with that of the city. General plan revisions, subdivision and major development applications for the unincorporated land within the city's planning area and planning referral area should be referred to the city for review and comment. The county should not allow urban development or permit further fracturing of rural areas beyond the city's urban reserve line. As part of its land use ethic, the city recognizes that the right to the economic use of land is a privilege involving the responsibility for thoughtful stewardship. A summary of the growth management techniques incorporated in the Atascadero General Plan includes: ° Acceptable annual population maximum growth rate goal of 2.5%. ° Directing urban uses to locate within the urban services line. ° Directing suburban uses to locate between the urban service line and the urban reserve line. Encouraging open space land uses and programs beyond the urban reserve line. ° Environmental protection through conformity with California Environmental Quality Act guidelines and open space and conservation policies of the General Plan. 000104 11-35 .00044�... en space elements in Further, the policies of the conservation and o p p particular shall be adhered to in reviewing both public and private development proposals. 6. CAPITAL IMPROVEMENT PROGRAMMING No city capital project shall be implemented without first having been reviewed for consistency with the general plan and environmental evaluations under the California Environmental Quality Act. Toward this end, the planning commission shall annually roview the proposed capital improvement program of the city and proposed public works projects for consistency with the general plan. Where major public land acquisition or disposition is proposed, the planning commission shall report to the City Council as to conformity of said action with the general plan. 7. SPECIFIC PLAN A "specific plan" is a tool enabled by state law for the systematic implementation of all or a portion of the area cowered by a general plan. A candidate area for potential alternative development is identified in the general plan as the south Atascadero area. Consideration of alternative land use categories for all or a portion of that area shall require an application for a general plan amendment or may be implemented by a specific plan. Should sand plan be adopted by the city in furtherance of the community's planning objectives, the costs sustained by the applicant may be recovered in the future as a surcharge to development applications proceeding under the change in land use designation. 8. REDEVELOPMENT Redevelopment combines both police and corporate powers and can be one of the most powerful tools for implementing general plans. Implementation of any adopted redevelopment plan - which must be consistent with the city's general plan - may bo accomplished to revitalize blighted areas. Depending on the adopted plan, the redevelopment agency, which may be the City Council, may acquire land, manage property, relocate tenants, clear Iand, prepare sites, build facilities, sell land, and rehabilitate buildings or structures. i 000105 II-38 LEGEND RESIDENTIAL SYMBOLS . HDMF HIGH DENSITY MULTI—FAMILY LDMF LOW DENSITY MULTI—FAMILY E ELEMENTARY SCHOOL MDSF -MODERATE DENSITY SINGLE FAMILY O HDSF HIGH DENSITY SINGLE FAMILY JH JUNIOR HIGH SCHOOL LDSF LOW DENSITY SINGLE FAMILY SSF SUBURBAN SINGLE FAMILY HS RR RURAL RESIDENTIAL SENIOR HIGH SCHOOLO +* — TIAL O FIRE STATION ! : .ON RESIDEN NC NEIGHBORHOOD COMMERCIAL O CEMETERY RC RETAIL COMMERCIAL DOWNTOWN DOWNTOWN mom DOWNTOWN .Sc SERVICE COMMERCIAL O LIBRARY TC TOURIST COMMERCIAL BOUNDARIES 0 OFFICE IND. PK. INDUSTRIAL PARK CIN LIMIT IND. INDUSTRIAL CPK COMMERCIAL PARK URBAN■•■■■■•••■■• N SERVICE LINE OTHER - URBAN RESERVE LINE P PUBLIC & QUASI—PUBLIC REC RECREATION mT`mn A AGRICULTURE SPECIFIC PLAN AREA . . . . . . . .... . 1 LD W X'e F 000107 o , f OA » +♦ - 1C ■-� , �• ii ,ter NOUN IN 4 woowVA I Jim �•��� . ��4i',. .''y■.1��•i`►,its�-�- � � �;•:�. � ♦ .•��� Ills „�.� ,/� , ■. �■ ��1111111\\�\\" yrs'i►, pw MIR �/, � �•�� � 111111 �-•;, :.. .� .;- �, ♦ �► In flow ME RURAL MMW RESIDENTIAL I•.i� ��• v moi/ �� /♦v .�'���� ��'�� -� ``,.��, i i 1,1�� ,�.?'1� ��• i, IWO 73 sm, all alms PI IPW fir► �/ I ��� ♦�j,� �, -, 1r �► � 111►�� �:���-�� ♦`� ,� �'�,�♦.��- � � ���'.i�ii/��/�� „�• �� E;�■.�SII �,-=��__�_Q�S �.�-+!�',� %``'; ■ ` �••ps r11rIr1111!IIII�I,�1���� =1�_ ..■1/1� �1 �E' /IIIIIIII/111111/1111//Irm1�•PN 1►� 100 01- - rr���i ��Ill/III(Ii�:���U���i:i�i���iw/ ME 11 r���`` `�''�'.! ��►♦��Imo,♦���;, r� A♦ �I,�� , � . . t 3 mat• - ♦ � ♦�' � ♦ � WAR, �♦�j� � �����.y �/��,r��� t 11"sem i�♦♦ 1�,`. ;► ♦ � I I� � ♦ �..�.+.,��..�.•i'� /,�. ♦♦ ♦ ski � � I �I �Ii•�r"•tea ,.., � � also- MINIMUM rte, 11 •i�j �� Von ..•: f�L-% ' f IIS ►•� � ��� �1j������I�jj���'!!� ,� � ��� _ -7466WE -WFIRM • I ,.,► • iii (( ,�I P,-,� 12% f!♦ � �. ��Alt �--�� ! • ♦♦ •IA .•�i 111►..,�\\� �� �. ._7• � ,,,,,. �� ��� �,� ►� �� `•�♦ • ��..^:�I���. ♦oi��,"�i .! �� moi. ��ii/ �I mm- Ell j� JEWMIN ��t 17 pwo low, WN a • fI� IS �. . • lel/ �• - - LIF �.; •�;_ - � • ,,,, ,, -� • quit s•"j?r yr WE WIM �•� ` fir, , `i'►� Vol . SCADERO LAKE ,,low , r►rr II O . Urban Service Line Extended /r.•��' •—y// s 1. .rr, is 'll ^_� . hi 41 ilk zZ 01 ��Jt�!� `.` r r r /. 4••r 1. r, r. �. �'�—� :`��1:111��•i,1 t \ � _ �� ��,,,�,....r,� �;;I c �i ,�::; , CITY OF ATASCAOER .7 CALIFORNIA ALTERNATIVE B Figure 17 URBAN SERVICE LINE EXTENSION scadero : General inn E/R Page 128 000115 Urban Service Line Extended �y,�.•a♦,.,.. F � .S^'�•Y @.��� �4a i.�•-•�15�♦ �� •I/// \\ � Y / ; .1/ a I: ZIP •.`— /� r � `�, 'j• , 1� ' �• ` � a. ,ice . r 1`' crJr v T ' "'•/ ` }'� •�/ ''.-•moi,. `, ', ' 1 ; f'_`F-,`,/ r� �i�\"`.'\ r i;'��,.�•�.�c.''i; •y`t� dbL- MUMM ' •,/\• „�,.,,_� t , i �--'1�`1�� 1�.� '-',�-.ate':t;�� 1` �'.f•� 'C 17 + ' `�L'�� yam-: � / _`�`f , 1 ���1���/��'•�• ''� . '1 '��'_ / � •�`y` ' {ice•/ i I 1/,ti--''• ' 1 f S;�r.!� / - .,`C�'•�1 1 ice^=_-^��. :•� :/l \ t \ :E`• ��...i� city 0; i City of Atascadero General Plan Final E1R I V. ALTERNATIVES TO THE PROPOSED PROJECT i The California Environmental Quality ,pct requires the consideration of,a range of reasonable i alternatives to the proposed plan. This Zection discusses such altematiwes. i Aitemative A. No Project. Buildout under the 1980 General Plan. If the updated General Pian is not adopted in some form, the exists General Plan will continue to be in effect and will continue to be used as the guide for public Investment and private development in the City. That General Plan estimates a build-out population of about 33,0009 (although changes in household size suggest the actual population may be somewhat higher, on the order of 36,000). This is slightly higher than the population estimated under the Draft LUE(labout 31,500). Impacts associated with population size, such as traffic, air quality, and service demands would likely be slightly higher under the existing plan than under the proposed Draft LUE. The existing commercial categories and designations would be retained. The present commercial land planning has helped promote the"strip commercial"character of El Camino Real. This effect would probably continue if the existing plan is continued to be used. The goals of the Draft LUE i to consolidate commercial uses into nodes that more effectively serve'?neighborhoods and to encourage a more functional mix of businesses in the major retailing'!,districts would not be realized. The new policies designed to better protect the community's natural environment would not be adopted. This could hinder the effective regulation of new development to respect the environmental values of the town. In sum,.the Draft LUE is intended to correct many of the deficiencies of tho existing General Plan. It reduces overall buildout population, better plans for commercial districts, and explicitly calls out policies and implementation measures to better preserve environmental'values. On all counts, the Draft LUE is environmentally superior to the existing plan. Alternative B. Buildout under the proposed General Plan with extensions of the Urban Service Line to the north and south. Under this alternative,the land use designations would be amended consistent with the Draft LUE except that the Urban Services Line would be extended to include two additional areas: the area bounded by the 101 freeway, the Salinas River and San Anselmo Avenue in the northeast quadrant of the City, and the area bounded by Halcon Road, Santa Barbara Road and the 101 freeway in the southeast quadrant of the City. Under this alternative, these areas would become 1 • eligible for higher residential densities because they could be connectedto the sewer system. It . 1 Crawford Mekarl&Starr planning•architecture•public policy ()001 �a 124 City of Atescadero General Plan Final E!R is assumed that policies related to environmental protection would remain in the plan and that the strategies to improve the commercial districts would also be included. This represents a buildout potential for about 650 additional dwelling units (at one d.uJacre) above the projected number under the Draft LUE. Under this alternative, buildout population would be about 33,000 or about the same as the existing General Plan. Pnlsntial impacts associated with population size would be greater, accordingly, including traffic,air quality and service demands. It is unlikely that the new densities, although greater than currently planned, would effectively promote public transit, ride sharing or other strategies to reduce automobile use. Much more urban-like densities are necessary to realize those effects. Thus, the alternative would increase Impacts related to a larger population without gaining the environmental benefits often associated with higher densities and more compact urban form. Significant capital outlays would be necessary to provide sewerage to these areas. The new developments to be served would likely be charged for this infrastructure through hook-up fees or assessment districts, so impacts on the community at large may not be significant. The open character of these areas would be affected as higher densities would be eligible for development. Clustering policies could help mitigate some of this impact. Although the expected impacts would be greater than under the proposed Draft LUE, the magnitude of these incremental impacts is not great (about a five percent larger population). r Nonetheless, from strictly an environmental impact stand point, the Draft LUE is superior, although the difference may not be significant. Alternative C: Buildout under the proposed plan but with greater emphasis on a balance between jobs and housing. As noted in the discussions under population and housing,Atascadero has an imbalance between jobs and housing;that is,there are many more residents than jobs. This contributes to a lifestyle of commuting from the "bedroom community" to the work place (usually San Luis Obispo but increasingly Paso Robles). This pattern of commuting tends to increase regional traffic problems and regional air pollution. it also may adversely affect the financial capability of the town because a disproportionate share of local dollars are spent outside the City. The Draft LUE acknowledges this situation and includes policies and programs to help address it. An alternative would be to try to further balance jobs with housing. Under this alternative, the potential for more jobs in the City would be emphasized. it is not clear whether this is genuinely an alternative to the existing plan, or a possible modification (mitigation measure) recommended to it. This is discussed further below. One possible approach to increasing employment in Atascadero for its residents would be to designate more land for commercial and industrial purposes. However, it is doubtful that this Crayford muttari&Starr planning •architecture•public policy 125 000-11118 MINUTES EXCERPT: 8/9/94 Meeting so o es City Council, together wit allowing the City Attorney to further revie so a issues regarding the environmental impact report (EIR). Resolution No. 7 4, he co cluded, was recommended for action. Mr. Engen oted that Ruth Abbey, BBA Consultants, Steve Deviencen ' of the San Luis Obispo unci! of Governments (COG) and Kelly Heffernon, ''wh served on the Solid Waste Tec ical Advisory Committee, were present and ava le to respond to questions. Discus ' n ensued regarding Item #C-1(C), propos Resolution No. 79- 94. Steve Devencenzi, Solid to Planner with COG, up ted the City Council on the status of the plan in other juri ictions. He noted t t the Board ,of Supervisors had adopted the document that morns He com p ted the city's efforts, through the city's Recycling Committee and em asized t t the plan was a menu for programs that could be selected at the future cr ion of the City. He confirmed staff's previous indication that adopting the p does not commit the City to join the countywide joint powers agreemen JPA , although, he added, that would be welcomed by COG. He noted that o er arrange ents, including a'North County JPA, would also be available for plan ` plementation. Councilman Luna question whether the City's cost, as fleeted In Exhibit "B", were derived from countywid averages or from North County a. He was assured that the information was ased on the North County waste she therefore, it did not reflect the higher st for South County problems. Mayor Bewl then opened the meeting Y p to the public;there were no pu ic comments. Folio g discussion, Council concurred to continue Resolution Nos. 80-94 a 81-94 to a ture date following the re-scheduledjoint City Council meetitng with the . y of P o Robles. (Note: At the conclusion of the meeting, the joint session was tentatively set for Au st 5 1994 . MOTION: By Councilman Luna, seconded by Councilman Johnson to approve Resolution No. 79-94 adopting the Nondisposal Facility Element; motion carried unanimously. C. REGULAR BUSINESS: 1. GENERAL PLAN STUDY SESSION - To review the Urban Seirvices Line policies and possible initiation of amendments to the Land Use Element Henry Engen presented the staff report noting that Council had requested, at their last CC 08/09/94 Page 3 V 000)119 meeting, a discussion of the Urban Service Line (USL) with a view to possibly initiating amendments to the City's General Plan. Included in the agenda packet were excerpts of the City's General Plan pertaining to USL policies together with General Plan maps and excerpts from the Final EIR relative to possibly expanding the USL. Discussion and questions followed regarding land use implications of adjusting the ` USL, attendant costs, environmental impact possibilities and consultant costs, together with the ability of the sewer system to be expanded. Public Comments: Leo Korba, 10905 Santa Ana Road, questioned the direction that Council may be giving to staff with respect to high and low density development. He wondered whether the Atascadero State Hospital is being considered as part of the long range plan and encouraged contemplation of the Highway 41 bridge as part of the update. ---End of Public Testimony--- MOTION: By Councilman Carden, seconded by Mayor Bewley to initiate and expedite a General Plan update which would incorporate the south end specific plan area in the USL and review for potential commercial development property lying between Highway 101 and EI Camino Real; to expand the USL in the north portion of EI Camino Real to include at a minimum those properties directly facing EI Camino Real and potentially look at expanding further to the east in that area; look at expanding the USL west of Highway 101 on Del Rio Road; potentially re-zoning that area directly east of El Camino Real in the area of Santa Ysabel for long-range planning; and to consider condensing the number of commercial designations; to change the current Neighborhood/Commercial on EI Camino Real to Commercial/Retail language. Motion carried on a roll call vote 3:2 (Councilmembers Highland and Luna). Councilmembers Johnson and Highland indicated that he would like to see clarification of the various components of the motion and the cost implications associated with each phase. Henry Engen reported that staff would prepare an environmental analysis and solicit requests for proposals regarding each component. Councilman Luna raised the need for neighborhood meetings to inform the public of what is being proposed. Mayor Bewley indicated support. Councilman Johnson remarked that the first step is to find out what the proposal will cost. Councilman Luna agreed. CC 08/09/94 Page 4 000IL20 g MOTION: By Councilman Carden, seconded by Councilman Johnson to delete the Santa Ysabel study area; motion carried 5.0 by ro//ca// vote. Henry Engen clarified that staff's direction is to prepare an environmental review of the proposed General Plan amendment offered, including: 1) looking into consolidating some of the commercial designations, 2) expanding the USL to Snta Barbara Road at the south end of town'and to designate the 62 acres that is in for a General Plan Amendment now as commercial, 3) to expand h,- JSL along EI Camino Real up to and including anything that fronts El Camino Real within the uSL (including the Rochelle property), 4) look at expanding Del Rio Road on the west sde of the freeway (Hemingway property) and 5) look at what the land uses might be'with that change. Although staff would prepare the environmental analysis, he added, it would be necessary to contract for preparation of the EIR. Councilman Luna asked that these costs be included as part of the budget. Andy Takata indicated that he would meet with staff and work up some preliminary figures to include in the budget. He pointed out that the City Council will have to authorize, before expenditure of any funds, the contract for the consultant to prepare the EIR. COMMITTEE REPORTS: Andy Ta to summarized the changes associated with relocating ,and c olidating the committ reports to the end of the Council's agenda. 1. S.L.O. Counci f Governments (COG)/Regional Trans" uthority (SLORTA) - Councilman Carde eported that there had been commendation for Robert P. Nimmo at the last ting for his services that body. He noted that he had proposed that COG sta ook into cer ' ing the population of Paso Robles, Templeton and Atascadero as tain' 50,000 people and'',thereby providing localities eligibility for hundreds o ousand of dollars morein transportation project assistance. �. E. INDIVIDUAL DETER ATION/AND OR ACTI 1. City Council Mayor Bew appointed Councilman Carden as the representative to t it Pollution Control istrict (APCD) and Councilman Highland as the alternate.' -I IncilMan CC 08/09/94 Page 5 Q0f)121 E i FY1994-95 BUDGET SUMMARY COMMUNITY DEVELOPMENT DEPARTMENT The Community Development Department is comprised of the following functional sections : Administration, Planning, Building, Engineer- ing, Dial-A-Ride, and Wastewater. There are distinctive budgets for capital improvements, recycling, and tree planting, as well. 1. ADMINISTRATION: Administration includes the cost of the Director, clerical staff, Planning Commission, and Construction Board of Appeals Significant Changes in Budget, -Staff, or Services This section' s budget reflects the loss of the 0 . 12 part time use of the City Manager' s Secretary to cover Planning Commission meet- ings . In her place, a contract secretarial service has been retained. Past Accomplishments; Future Directions A CommiLnity Development Block Grant to acquire a home for the North County Women' s Shelter will be completed in 1994 . The thrust in the next year will be to continue to maintain services with limited resources and to continue efforts to streamline the process within aws . Towards this the significant constraints imposed by State l end, the City Council will be appointing an Ad Hoc Development Review Committee to make recommendations on the process . 2 . PLANNING DIVISION: Responsibilities of the Planning Division may be broadly described as current planning and advance planning. Current planning func- tions include review and processing of precise plans, conditional use permits, variances, land divisions, and reviewing land use and zoning aspects of building permits . All projects are checked for conformance with State laws and local regulations and development guidelines . Advance planning functions include maintaining the State-mandated General Plan, processing applications for General Plan Amendments, comprehensive revisions to the Zoning Ordinance and related special studies described hereafter. Past Accomplishments During FY 1993-94, a comprehensive amendment to the Subdivision Ordinance was begun, and an updated Housing Element was approved. The Fiscal Element of the General Plan was also adopted. A Comp- rehensive Housing Affordability Strategy was approved by the City • Council together with the first Community Development Plan for 004) : Budget Summary Page Two expending Community Development Block Grant funds as an entitlement community. Future Directions Fulfillment of the Southeast Atascaderc, Public Lands Annexation would add 888 acres of public land to the city limits (Atascadero State Hospital, Chalk Mountain Golf Course, Heilmann Park, and Paloma Creek Park) . Staff is negotiating with the Atascadero State Hospital and awaiting Sacramento' s authorization to submit an annexation application to LAFCO. Consultants have been retained to prepare an Economic Development Element of the General Plan using a Community Development Block Grant. Work is also continuing on a comprehensive amendment to the Zoning Ordinance to make it more "user friendly" . 3 . BUILDING DIVISION: The Building Division' s purpose is to regulate safety in the built environment by the administration and enforcement 'sof all local, state, and national codes while providing service to, applicants in a fair, timely, and consistent manner. Significant Changes in Budget, Staff or Services The Senior Building Inspector position was replaced with a Building Inspector II with the cost savings directed to a special account to permit limited use of outside plan checking and inspection services . Past Accomplishments The dollar volume of construction in FY 1993-94 was $21 . 8 million, which included the Camino Real Fashion Outlet Center. For FY 1994-95 some $16. 6 million in valuation is projected for +575 building permits . Future Directions Performance Objectives The following plan check processing service (W.D. = Working Days) : 1 . Small Projects : Initial Plan Check - 7 to 10 W.D. ' s . Recheck - 3 to 5 W.D. ' s 000 1#3 I Budget Summary Page Three 2 . Single Family Residences : Initial Plan Check. - 10 to 12 W.D. ' s Recheck ( 1) - 8 to 10 W.D. ' s Recheck (2) - 5 to 7 W.D. ' s 3 . Large Projects/Commercial: Initial Plan Check - 15 W.D. ' s Recheck (1) - 10 to 15 W.D. ' s Recheck (2) - 8 to 10 W.D. ' s * Requests for Information will be followed up within 3 to 5 W.D. ' s 4. ENGINEERING• The Engineering Division oversees the Capital Improvement Program and provides for the adoption of engineering standards and the conditioning of projects to those standards. In addition, engine- ering services are provided to the Wastewater Operations Division. The Dial-A-Ride contract is also administered through Engineering, as is the City' s resource management function in response to tree protection, creekway protection, and solid waste recycling man- dates . Significant Changes in Budget, Staff, or Services Due to budgetary constraints, a reduction in funds for engineering services is proposed. Past Accomplishments During the past year, work was completed on the Highway 41-101 Project Study Report which is a prerequisite to obtaining funding to upgrade this critical intersection. The following major capital projects were constructed: South E1 Camino Real Median Modifica- tions, 3-F Meadows, Las Encinas and Camino Real Fashion Outlet Assessment Districts, E1 Bordo/Chalk Mountain Wastewater Treatment Collection Line, and the Santa Rosa Sewer Project. The Creekway Mapping Program was completed and adopted, together with Consultant Selection Procedures . An updated 1993-98 Capital Improvement Program was reviewed by the City Council and Planning Commission and approved as a guide for future capital spending. A number of grants under the new Intermodal Surface Transportation Efficiency Act were prepared and approved by Caltrans. These included 1/2 the cost for acquisition Budget Summary Page Four of Stadium Park, together with grants to repair failed roads, overlay West Front Street, and construct bikeways along E1 Camino Real and portions of Traffic Way. Utility Undergrounding District No. 3 was established which will lead to undergrouytinding overhead wires :gin Morro Road. Future Directions Work has commenced with the Atascadero Unified School District through the City' s School Committee to prepare a Routes-to-School Plan. A conceptual drainage plan for the Amapoa/Tecprida area will be brought to the City Council for consideration in '',FY 94-95. New bridge projects include replacement of the Garcia Road Bridge (which has been found to be eligible for a 80% Caltrans match) , together with the replacement of the Santa Lucil/Llano Bridge across Graves Creek. Preliminary engineering fob' the proposed Ortega Road and Ramage Avenue assessment districts will be completed. S . DIAL-A-RIDE• . The Engineering Division of the Community Development Department is responsible for administering the local Dial-A-Ride ',transportation system. This demand-responsive system is provided through contract by Mayflower Contract Services, Inc. Changes in Staffing, Budget, or Service Levels During the annual Unmet Needs Hearing, it was determined that transit service to the Templeton area was an unme't need. As a result of this finding, the County funded trial service for this area through both the City of Atascadero and the, City of Paso .Robles . At the end of the six month trial, it was determined that the service could not generate sufficient revenue to meet the required 10% farebox revenue and the service was discontinued. Las Fiscal Year also saw the replacement of DAVE Systems, Inc. , the company which had held the management contract since''l1980. Through formal bidding procedures, the contract was awarded to Mayflower Contract Services, Inc. The transition was smooth, with Mayflower retaining all of the existing drivers . Recent Accomplishments; Future Objectives P 7 Staff has applied for Section 18 Grants for the purchase of one ( 1) new 15-passenger bus and expansion of the existing bus garage facility. If awarded, the purchase of the bus and the construction • of the garage will be completed during this fiscal year. 0 o �5 I Budget Summary Page Five 6. WASTEWATER OPERATIONS DIVISION: The Wastewater Operations Division of the Community Development Department is responsible for providing wastewater collection and treatment service for that area o }ho City which lies within the Urban Service Lihe and which is ser- zd by collection lines. Other areas within the city limits that may also be served are those areas in which the State Water Quality Control Board has prohibited the discharge of on-site wastewater systems. The Wastewater Operations Division is regulated by the local State Regional Water Quality Control Board. This agency insures the City' s compliance to State and Federal laws by establishing and enforcing water quality standards and other standards which pertain to the collection and treatment of wastewater such as: odor control, vector control and the handling of biosolids . Funded through connection and user fees, the Wastewater Operations Division is a self-supporting enterprise account. Changes in Staffing, Budget or Service Levels During FY 93-94, the City' s wastewater collection stemaacquired over $1, 000, 000 worth of additions and improvements . Pumping Stations #9 , #10 and #11 were added to the system during this period. Approximately one-half of these additions and improvements were financed through City wastewater funds with the remainder paid for by project developers. The rapid expansion of the City' s wastewater system and the down sizing of Public Works office staff compels the addition of one ( 1) 1/2 time secretary and one (1) 1/2 time maintenance worker to the Wastewater Division' s FY 94-95 budget. The new rate structure approved during the last fiscal year will allow all operation and maintenance costs to be sustained by existing service charges. Recent Accomplishments; Future Objectives The installation of a force-main up E1 Bordo Avenue and the con- struction of a new gravity trunk line across the Chalk Mountain Golf Course has enabled a long awaited upgrade of Wastewater Pumping Station #2 (located near the entrance to the State Hos- pital) to begin. Another project that is currently underway will replace Wastewater Pumping Station #1 ( located next to Hwy 101 near Chapel of the Roses Mortuary) . The completion of a State-mandated collection system to serve the Lake View/Mountain View area leaves only one Cease and Desist area (Area G) to be sewered. The con- struction of collection lines to serve Cease and Desist Area G (San • Gabriel Road, west of Hwy 41) is scheduled to begin in the spring 000].26 a Budget Summary Page Six of 1995 . With the scheduled improvements to the City' s wastewater collection system nearing completion, increased attention must now be given to upgrading the Treatment Facility. The design for facilities to reclaim treated wastewater which has filtered through the City' s existing percolation beds, are currently being completed by the City Engineer. The upgrading of the treatment process itself, will require the selection of an engineering firm which specializes in wastewater facility design. 7 . SOLID WASTE MANAGEMENT: Past Accomplishments The Recycling Committee has been active in its effort to educate the public; providing educational materials at numerous events and sponsoring two events of their own ( "Splash for Trash" and "Recycle-Rama" ) . The Committee also provided the Atascadero elementary schools with several waste awareness assemblies and classroom presentations, sponsored a graffiti abatement program with local youth groups using recycled paint, helped promote a . back-yard composting program and attended conferences on waste management to stay informed and up-to-date. Staff worked closely with the Solid Waste Technical' Advisory Com- mittee, keeping abreast with local and State solid waste planning and management issues. Public hearings were held'; to adopt the Source Reduction and Recycling Element and the Household Hazardous Waste Element. Staff applied for and received two grants from the State for establishing a used motor oil recycling program. Future Direction Adoption and implementation of State mandated solid'': waste manage- ment plans . 8 . TREE MANAGEMENT: Past Accomplishments The Atascadero Native Tree Association (ANTA) sponsored several educational programs - Day of the Oak, Arbor Day and Festival of the Oaks . ANTA also completed the E1 Camino Real Planting Project (with funds from a CDF grant) and the Paloma Creek Park Planting Project. The City received its second "Growth Award" from Tree City USA for achievement in "Education and Public Relations" and a grant for the Atascadero Mall Planting Project from California ReLeaf .. i 00012 Budget Summary Page Seven Future Direction ANTA will continue to maintain planting projects and will complete both the Atascadero Mall Planting Project and the Demonstration Garden this Fall. ` ANTA will also continue to provide the public with educational programs and to research potential receiver site locations. Policies for Tree Fund expenditures have been prepared for Council' s future consideration. 000128 M E M O R A N D U M TO: Andy Takata, Assistant City g Y Manager Yanuar 1 1993 FROM: Henry Engen, Community Development Director•' RE: 1993 Priorities In view of the 40% reduction in staff in the Building and Planning Divisions (from 5 persons to 3 persons each) , it is essential to prioritize the programs identified in the FY 1992-93 budget. The following reflect proposed priorities, in order of priority, with comments where appropriate PLANNING Activity Comment 1. Bldg. Permit Priority to economic stimuli projects Review 2 . Precise Plans Prerequisite to building permits 3 . Appeals Municipal Code mandates 30 day deadline 4. Subdivisions State and local time line Mandates S. EIR Contracts Contracts and State Statutes set dead- lines 6.• Business License Review 7 . , .CUPS, Variances 8 . General Plan/ Zoning Amend. 9 . Certificates Of Compliance 10. Special Projects ,,.Circulation Priority Exception: Consultant carry-over. Element project .Surface Mining & Priority Exception: Consultant carry-over Inspection Report project .State Hospital Priority Exception: Draft Application Annexation completed .Fiscal Element Priority Exception:tion: Draft Element I'I completed 0100129 .Comprehensive Zon- Necessary to insure General Plan consis- ing ordinance tency with a view to simplifying zoning Revision procedures .CEQA Guidelines Revision .Appearance Review Guidelines Revision ould jeopardize ardize North ` .Comprehensive Hous- Lack of update c ing Element Revision County Women's Shelter Grant 11. New City Special Requires Adjustment of Priorities 1-10 Projects 12 . New State-Mandated Requires Adjustment of Priorities 1-11 Activities (Example: AB 325. Water Efficient Landscape Ordinance) BUILDING 1. Building Inspections 2. Plan Checks Turnaround time objectives contingent on workload surges 3 . Public Counter �j Availability ENFORCEMENT 1. Building Inspec- In the absence of the Building Division's tion Back-up Inspector/as inspection demand requires 2. Written Complaints only a. Threats to Life/Safety b. Area-wide nuisance c. Tiffs. between neighbors 3 . - Seismic- Safety Deadline should be adjusted to the finan-- compliance cial ability of City, itself to comply. 4. American Disability Subject to City's fiscal constraints. Act Compliance WE:ph e 000130