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ATASCADERO CITY COUNCIL
REGULAR MEETING
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
Tuesday, June 27 1995
7:00P.M.
This agenda is prepared and posted pursuant to the requirements of Go iernment Code
Section 54954.2. By listing a topic on this;agenda, the City Council hals expressed its
intent to discuss and act on each item. In addition to any action identified in the brief
general description of each item, the action that may be taken shall inclu : A referral to
staff with specific requests for information; continuance; specific di coon to staff
concerning the polic y or mission of the item,,discontinuance of consideration;authorization
to anter into negotiations and execute agreements pertaining to the itern; adoption or
approval; and, disapproval.
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Room 08) and in the
Information Office (Room 103), available for public inspection during Ctjy Hall business
hours. The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need sped l 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 Clerks Office ((805) 461-5074). Notifica-
tion at least 48 hours prior to the meeting or time when services are needed will assist the
City staff in assuring that reasonable arrangements can be made to provide accessibility
to the meeting or service.
RULES OF PUBLIC PARTICIPATION:` PLEASE SEE BACK PAGE
CLOSED SESSION:
The City Council will meet in Closed Session at 6:30 p. n., 4th Floor Club
Room, for purposes of discussion pertaining to: Conference with Legal
Counsel: City of Atascadero v. Orange County;
REGULAR SESSION:
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CITY COUNCIL COMMENTS:
O Recognition'to Henry Engen,,Community Developmfnt Director, on his
retirement
I
o Recognition to former members of City's Economic Round Table: John
Himes, Micki Korba, Robert Lilley and Jack Stinchfield
o City Council reorganization
O Recognition to outgoing Mayor David Bewley
COMMUNITY FORUM: Please see "Rules of Public Participation" (Back Page)
A. CONSENT CALENDAR: All matters listed under Item A, 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 sha# then be reviewed and acted upon separately after the
adoption of the Consent Calendar.
1." CITY COUNCIL MINUTES - June 13, 1995
City Clerk recommendation: Approve
2. CITY COUNCIL MINUTES - May 23, 1995 (cont'd from 6/13/95)
City Clerk recommendation: Approve
3. RESOLUTION NO. 50-95-Authorizing certain individuals to execute documents
between the City and Mid-State, Bank (cont'd from 6/13/95)
Staff recommendation: Adopt
4. RESOLUTION NO. 51-95 - Granting another designated period for two years
additional service credit (PERS)
Staff recommendation: Adopt
5. RESOLUTION NO. 52-95 - Endorsing the action of the S.L.0. County Integrated
Waste Management Authority to establish the IWMA as the local task force and
appointment of IWMA Board°members as local task force representatives
Staff recommendation: Adopt
6. ESTABLISHING ANNUAL ASSESSMENTS FOR MAINTENANCE OF CERTAIN
IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT
ACT OF 1911 (STREETS & HIGHWAYS CODE SEC. 5830) FOR STREET
MAINTENANCE DISTRICTS
Staff recommendation Adopt
A. Resolution No. 53-95 - Aguila
B Resolution No. 54-95 - Pinal-Escarpa
C. Resolution No. 55-95 - Cayucos
D. Resolution No. 56-95 - Falda
E. Resolution No. 57-95 - Lobos
F. Resolution No. 58-95 - Sonora-Pinal
G. Resolution No. 59-95 - Maleza
H. Resolution No.60-95 - San Fernando
2
7. RESOLUTION NO. 61-95 - Placing annual charges for Asse sment Dist. No. 7
(Santa Rosa) on the 95/96 Property Tax rolls
Staff recommendation: Adopt
8. RESOLUTION NO. 63-95 - Placing annual charges for Assessment Dist. No. 3
(Marchant Way) on the 95/96 Property Tax rolls
Staff recommendation: Adopt
9. RESOLUTION NO. 64-95 - Placing annual charges for Asse sment Dist. No. 8
(So. San Gabriel) on the 95/96 Property Tax rolls
Staff recommendation: Adopt
10. RESOLUTION NO.,65-95 - Authorizing the second amend ent to Resolution
No. 85-94, the adopted 1994-95 Fiscal Year.Budget
Staff recommendation: Adopt
11. CITY COUNCIL POSITION ON Assembly Bill 318 (KATZ) Water and power
utility rates
Staff recommendation: Concur with League of CA Citi s opposition and
provide staffdirection
12. CITY COUNCIL POSITION ON Senate Bill 1066 (CAMPBELL) Development
fees
Staff recommendation: Concur with League' of CA CitiRs opposition and
provide staff direction
13. CITY COUNCIL POSITION ON Senate Bill 1266`(KOPP) - Re evelopment: Use
of Eminent Domain
Staff recommendation: Concur with .League of CA Citi?s opposition and
provide staff direction
B. PUBLIC HEARINGS:
I
1. RESOLUTION NO. 62-95 - Adopting sewer service charges to be added to the
1995-96 Property Tax,bills
Staff recommendation: Adopt
2. RESOLUTION NO. 42-95 - Placing delinquent annexation fees for Assessment
District No. 4 (Seperado-Cayucos) on the 1995-96 Property Tax bills
Staff recommendation: Adopt
C. REGULAR BUSINESS:
1. AMAPOA/TECORIDA DRAINAGE - Prioritization of candidate projects, eval-
uation of alternatives discusseda 1
t the May ,8, 1... ..995, corr munity,meeting,
3
and interim measures to reduce flooding potential within the drainage basin
Staff recommendation: Provide staff direction
2. ARCHITECT'S ANALYSIS REPORT ON THE YOUTH CENTER/PRINTERY
BUILDING (F.L. Henderson & Associates)
Staff recommendation:, Receive report & provide staff direction
3. PROPOSED LOCATION FOR A SKATE PARK ON THE GROUNDS OF THE
ATASCADERO YOUTH CENTER/PRINTERY BUILDING
Staff recommendation: Approve
4. S.L.O. COUNCIL OF GOVERNMENTS REQUEST FOR MODIFICATIONS TO
"SUPERVOTE" PROVISION
Staff recommendation: Approve
5. RESIGNATION OF CITY TREASURER
Staff recommendation: Authorize City Clerk to recruit
6. RESOLUTION NO. 66-95 - Authorizing lease/purchase agreement with Bank
One Leasing to finance the purchase of two police vehicles
Staff recommendation: ;Adopt
7. ORDINANCE NO.,288 -Amending Section 2-14.01 of the Atascadero Municipal
Code as it relates to when general municipal elections will be held
Staff recommendation: (1) Motion to adopt on second reading by title only
D. COMMITTEE' REPORTS (The following represent ad hoc or standing
committees. Informative status reports will be given, as felt necessary.J:
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. Air Pollution Control District
7. .Upper Salinas Riv. Coordinated Resource Mgmt. and Planning Committee
8. North County Council
9. Integrated Waste Management Authority
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1 . City Council
2. City Attorney
3. City Clerk: Planning Commission -'(1) term expiring
4. City Treasurer
5. City Manager: Request of two members of the City Council for development
of staff evaluation form
4
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 wishingto speak has had
p d
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.
Agenda Item: A-1
Meeting Date: 06/27/95
ATASCADERO CITY COUNCIL
JUNE 13, 1995
MINUTES
CLOSED SESSION:
The City Council met in Closed Session at 6:30 p.m. in the Club Room for purposes
of discussions pertaining to:
1. Pending Litigation: Santa Lucia Neighbors Assn. v. City of Atascadero
2. Conference with Labor Negotiator: Agency Negotiator: Andrew Takata,
City Manager. Employee Organization: Management
Closed Session was adjourned at 6.59 p.m. There were no announcements.
REGULAR SESSION:
The Mayor called the meeting to order at 7:06 p.m. Councilperson Carden 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; Henry Engen, Community
Development Director; Art Montandon, City Attorney;
Brady Cherry, Director of Community Services; Brad
Whitty, Finance Director; Mike McCain, Fire Chief; Lt. Bill
Watton, Police Department and Steve Sylvester, City
Engineer
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Page 1
COUNCIL COMMENTS:
Councilman Highland commended the Glen Oaks Plaza for its colorful floral
landscaping.
that the Council actively puoneheceq
ng the proposed
Councilman Carden suggested est d that the
North County Education Center in Atascadero. In add�t ,
ater and power utility rates; SB
Council take formal positions on AB 318 regarding w
1066 regarding development fees and SB 1266 regarding the use of eminent domain.
Mayor Bewley requested that staff bring back for review the zoning ordinance as it
relates to animals in the single-family residential zone.
PROCLAMATION:
Mayor Bewley read the proclamation for "Special Olympics/Law iller m Spec al Olymo cs.
rch
Run Day", June 19, 1995 and presented it to Judy '
COMMUNITY FORUM:
There was no public testimony.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - May 23, 1995
City Clerk recommendation: Approve
2. APPROVAL WARRANTS FOR THE MONTH OF MAY, 1995
Staff recommendation: Review and accept
3. PUBLIC NOTICE: Stating the potential costs of adding as dditio scellaneousnal window
period to the P.E.R.S. contract for 2-year service credit
employees
Staff recommendation: Notification Only
4. RESOLUTION NO. 49-95 - Adopting the FY 1995-96 annual spending limit
Staff recommendation: Adopt
95 -Authorizing certain individuals to execute documents
5. RESOLUTION NO. 50-
between the City and Mid-State Bank
Staff recommendation: Adopt
Approving g. RESOLUTION NO. 48-95 - App 9 Memorandum of Understanding with
Service Employees International Local 817 Bargaining Unit
Staff recommendation: Adopt
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7. RESOLUTION NO. 44-95 - Authorizing the execution of an agreement with the
• County of San Luis Obispo to provide animal control services
Staff recommendation: Adopt
Mayor Bewley announced that staff had submitted an amendment to Item #A-5.
Councilman Luna requested that Items #A-2 and 5 be pulled for questions and
comments. Councilman Carden pulled Item #A-4 for explanation. Citizen Rush
Kolemaine requested that Item #A-1 be pulled for clarification of public comment.
MOTION: By Councilman Johnson, seconded by Councilman Luna to
approve Items #A-3, 6 & 7; motion passed 5.0 by roll call vote.
Re: Item #A-2. APPROVAL WARRANTS FOR THE MONTH OF MAY, 1995
Staff recommendation: Review and accept
Councilman Luna asked the Finance Director to clarify Warrants 50532, 50303,
50266 and 50142.
MOTION: By Councilman Luna, seconded by Councilman Highland to
approve Item #A-2; motion passed 5:0 by roll call vote.
Re: Item #A-5. RESOLUTION NO. 50-95 - Authorizing certain individuals to
• execute documents between the City and Mid-State Bank
Staff recommendation: Adopt
Councilman Luna commented that he would like the resolution amended by adding the
City Treasurer. Discussion ensued regarding the number of signatures required to
authorize documents. There was agreement that two signatures shall be required for
a line of credit and one signature will be required for credit cards.
Councilman Carden asked what rate was negotiated for credit cards. Brad Whitty
reported that this issue has not yet been addressed and added that staff plans on
bringing the matter back for Council authorization in the near future. Councilman
Carden encouraged staff to get the best rate of interest available.
By mutual consent, Resolution No. 50-95 was continued until June 27, 1995.
Re: Item #A-4. RESOLUTION NO. 49-95 - Adopting the FY1995-96 annual
spending limit
Staff recommendation: Adopt
Responding to inquiry from Councilman Carden, the Finance Director clarified Line
Item #L.
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MOTION: By Councilman Carden, seconded by Councilman Highland to
approve Item #A-4; motion passed 5:0 by roll call vote.
Re: Item #A-1. CITY COUNCIL MINUTES - May 23, 1995
City Clerk recommendation: Approve
Rush Kolemaine clarified his concern shared at the last meeting regarding weed
abatement and requested that Page 4 of the Minutes be amended to more accurately
reflect his thoughts. The City Clerk indicated that she would review the tape and
bring the matter back at the next Council meeting. The Council mutually agreed to
continue this matter.
B. PUBLIC HEARINGS:
1. RESOLUTION NO. 47-95 - Entering into a Public Extension Reimbursement
Agreement with Camino Real Improvement District 1992
Staff recommendation: Adopt
Mayor Bewley stepped down for this and the following item because of a potential
conflict of interest. Mayor ProTem Highland took the gavel. Steve Sylvester provided
the staff report and recommendation. Brief Council questions followed. There were
no comments from the public.
MOTION: By Councilman Carden, seconded by Councilman Luna to adopt i
Resolution No. 47-95; motion passed 4:0.
2. DETERMINATION OF DISTRIBUTION OF EXCESS BOND/GRANT PROCEEDS
(Camino Real Improvement District 1992)
Staff recommendation: Provide staff direction
Art Montandon requested a continuance to allow staff additional time to gather exact
figures.
There were no comments from the public. The City Council granted staff's request
for continuance. The City Attorney clarified that the hearing was not closed and
public testimony would be allowed when the matter is returned.
Mayor Bewley returned to the dias.
C. REGULAR BUSINESS:
1. ATASCADERO LAKE PARK: Off-street parking expansion analysis
Staff recommendation: Delay project
Brady Cherry provided the staff report and recommendation to approve Phase I of the
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Page 4
proposed parking plan (with an implementation date of no later than November 1 ,
1995) and to delay the posting of Marchant Way near the Pavilion. In addition, Mr.
Cherry noted that staff has had preliminary discussions with the property owner of the
vacant lot on the corner of Marchant and Pismo. The lot, he explained, may be a
possible site for additional parking for Pavilion events.
Councilman Highland noted that he objects to perpendicular parking on Pismo as
outlined in the plan and noted that there are other matters of higher priority than this
project. He agreed that signage on Marchant should be delayed until alternatives to
additional parking are determined. Councilman Luna said he would like to see project
done in-house and, further, that he would prefer not to see the matter deferred
indefinitely. Councilman Johnson suggested that staff reconsider Phase II and bring
another plan back for construction in the Fall. Councilman Carden spoke in favor of
exploring the option of leasing the lot on Marchant Way and Pismo Avenue. Brady
Cherry explained the preliminary terms and noted that there would be considerable
grading necessary to make the site workable.
Public Comments:
Leo Korba, 10905 Santa Ana, asked if the City has a list of road improvement
priorities. Andy Takata summarized the Capital Improvement Plan and funding
sources. Brady Cherry explained that the Street Divisions Supervisor also maintains
an on-going day-to-day list of repairs that are also prioritized. He noted, however,
that this list is flexible and can change depending upon weather and road conditions.
Mr. Korba objected to the flexibility of this list.
Essio Filly, 8320 Portola, spoke in opposition to delaying the posting of "No Parking"
signage on Marchant and encouraged the Council to approve temporary signage.
Ernest Porter, 9420 Marchant, provided other suggestions for additional parking.
---End of Public Testimony---
2. CHANGE IN MUNICIPAL ELECTION DATE
A. Ordinance No. 288 - Amending Section 2-14.01 of the Atascadero
Municipal Code as it relates to when general municipal elections will be
held
Staff recommendation: (1) motion to waive reading in full and read by
title only, and (2) motion to introduce on first reading by title only
The City Clerk provided the staff report and recommendation.
MOTION: By Councilman Carden, seconded by Councilman Luna to waive
the reading of Ordinance No. 288 in full; motion passed
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unanimously.
MOTION: By Councilman Carden., seconded by Councilman Luna to
introduce Ordinance No. 288 on first reading; motion passed
unanimously.
B. Annual City Council reorganization process
Staff recommendation: Provide staff direction
The City Clerk presented the staff report and requested direction. Council discussion
ensued regarding re-organizing the present Council, a selection policy for the mayor
and mayor protem, Council committee assignments and Council appointments to the
Parks & Recreation Commission and Planning Commission.
Councilman Highland mentioned that regional committees, like the Council of
Governments, Air Pollution Control District and others, re-organize in July. Andy
Takata noted that all terms begin with the new fiscal year. He suggested that
because all cities in the County will now have their municipal elections in November
it may be appropriate to propose that committee appointments be changed to the first
of the calendar year.
The City Council agreed to: 1) Re-organize the present Council at the next meeting:
June 27, 1995; 2) direct staff to come back with an appropriate ordinance formalizing
the selection policy for mayor and mayor protein to be done annually in November;
3) direct staff to contact staff of regional committees to propose changing
appointment dates from July to January, 4) direct staff to bring back a resolution
formalizing the Council committee assignments; and 5) direct staff to bring back
ordinances changing the term expiration dates for the Planning Commission and Parks
& Recreation Commission from September to February.
3. APPOINTMENTS TO THE YOUTH TASK FORCE
Staff recommendation: Appoint Council member and provide staff direction
Brady Cherry provided the staff report and recommendation.
Public Comments:
Susan Warren, North County Connection, read the mission statement drafted for the
Youth Task Force and spoke in favor of its establishment. Responding to inquiry from
Councilman Johnson, Ms. Warren noted that this is anticipated to be a coordinated
effort of several non-profit organizations.
---End of Public Testimony---
Councilman Carden volunteered to serve as the Council delegate. By mutual consent
of the Council, Councilman Carden was appointed. In addition, Brady Cherry, Geoff
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English and a member of the Police Department (with preference given to one of the
two School Resource Officers) were appointed as staff representatives.
4. REQUEST FOR CITY COUNCIL NOMINATIONS TO COUNTY ECONOMIC
VITALITY CORPORATION BOARD OF DIRECTORS
Staff recommendation: Select three nominees
The City Manager provided the staff report and recommendation. Councilman Luna
suggested that the five City Council-appointed members of the Economic Round Table
(ERT) be nominated to apply. Councilman Highland noted that his ERT appointee,
Mike Lucas, already serves as the Chairman of the Economic Vitality Corporation and
explained that he wishes to nominate John Himes.
With consensus, the City Council submitted the names of Bob Franklin, Don Hanauer,
Stan Cherry, James Patterson and John Himes.
5. REQUEST RELEASE OF SOUTH ATASCADERO URBAN SERVICES LINE
EXTENSION AND GENERAL PLAN LAND USE MAP AMENDMENT
ENVIRONMENTAL IMPACT REPORT
Staff recommendation: Provide staff direction
Andy Takata introduced the item. Art Montandon reported that the City Council can
legally choose to release the administrative draft of the Environmental Impact Report
(EIR), but advised that it be made clear that the document is draft only, was written
and forwarded to staff for review, and is subject to change.
Councilman Luna commented that the draft EIR was paid for by the tax-payers and
spoke in favor of releasing it to the public. Councilman Johnson pointed out that it
may . be problematic to release draft documents without staff examination and
corrections of blatant errors. Councilman Highland suggested that a cover letter be
attached to the document indicating that it is a draft. Councilman Carden remarked
that it may be a disservice to release inaccurate or incorrect information. He agreed
that a disclaimer should be attached advising readers that the document is first issue
and is technical/advisory in nature.
By mutual consent, the City Council agreed to release the draft EIR. Staff was
directed to stamp each page "draft" and attach a cover memo identifying the
document as an administrative draft.
Public Comments:
Leo Korba asked if the document would be available to review in the Library. Andy
Takata reported that although the public may obtain a copy if they so request, it is not
customary for administrative draft documents to be displayed in the Library.
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6. FINANCE DIRECTOR'S REPORT - APRIL, 1995
Staff recommendation: Review and accept
Brad Whitty summarized the Finance Director's Report and responded to brief
questions regarding the current Transient Occupancy Tax rate (9%) and unrealized
revenues.
Public Comments:
Michael Kovacs, 11489 Mesa Road, asserted that the Finance Director should monitor
changing trends and Atascadero's standing on the list of desirable residential
communities. Councilman Carden noted that the City is tracking the City's standing
and explained that the San Luis Obispo/Atascadero area is still rated #1 .
---End of Public Testimony---
MOTION: By Councilman Carden, seconded by Councilman Johnson to
approve the Finance Director's Report; motion passed 5.-a
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 (COG) - Councilman Carden reported on
the meeting of June 7, 1995. He explained that the delegates are •
reviewing the composition of various committees, including the Citizens
Transportation Advisory Committee (CTAC) to determine if costs can be
reduced and activities streamlined. He added that no changes are being
recommended relative to the CTAC. Discussions also ensued regarding
re-formulating staff salary/benefit package and unmet transportation
needs. Councilman Carden mentioned that COG will be formulating a
resolution regarding the temporary Highway 41 bridge at the Salinas
River and requested that this matter come back for Council discussion
and input.
2. County Water Advisory Board - Councilman Luna reported that the board
had met on June 7th to review the County Water Master Plan update
and conformity report.
3. Air Pollution Control District - Councilman Highland reported that the
district had met briefly on June 7th.
4. North County Council - Councilman Highland reported on the May 18th
meeting of the executive committee.
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5. Integrated Waste Management Authority - Councilman Luna reported
that the executive committee had met to discuss issues concerning the^,
City of EI Paso de Robles. The authority meets again on July 14, 1995
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilman Johnson noted that he would be absent during the next meeting.
Councilman Carden requested that staff bring back an agenda item regarding
redevelopment. Andy Takata mentioned that staff is recommending an $11,000
preliminary study as part of the proposed budget for Fiscal Year 1995-96. More
information will be presented at budget time, he explained.
Councilman Luna requested that staff review a letter received from Cal Poly regarding
a cost-free safety evaluation.
2. City Clerk
The City Clerk mentioned that three terms expiring on the Community Services
Foundation Board of Directors. The City Council authorized the City Clerk to open a
recruitment.
3. City Treasurer
Micki Korba read a formal letter of resignation (see Exhibit A) effective September 1,
1995.
4. City Manager
Andy Takata reported that the City of Thousand Oaks is hosting the next meeting of
the Channel Counties Division of the League of California Cities and noted that
reservations are required.
THE MEETING WAS ADJOURNED AT 9:07 P.M. THE NEXT MEETING WILL BE
TUESDAY, JUNE 27, 1995 AT 7:00 P.M.
MINUTES REG,ORDE AND PREPARED BY:
1 �
i
LEE PRICE, Ci Clerk
Attachment: Exhibit A (Korba)
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CITY OF ATASCADERO
1918 1 78
ADMINISTRATIVE OFFICES
.Tune 13, 1995
TO: Mayor Bewley and Council Members
FROM: City Treasurer, Micki Korba
Five years ago, I became City Treasurer because 'I. believed I had
enough experience and intelligence to perform this type of community
service.
For the past thkee 'years, I have been warning the City Council that
we were on a downhill course. This year is just continuing that
downhill financial spiral. I believe steps could have and should
have been taken to turn direction. We are going further into debt,
have done numerous studies, and Orange Countyr Investment has been
blamed for lack of street repairs, lack of policemen, etc. It has
become convenient but inaccurate to place the blame for the City's
financial woes on that investment or the Investment Policy. The
financial well-being of the City has been placed in and jeopardized
in the political arena. The Investment Policy has become apolitical
football.
Without positive leadership' ,the City cannot return to fiscal health.
I have been slandered, endured tremendous stress and aggravation which
has affected my personal health. I cannot any longer continue to
accept the responsibility of this job.
In order to give the Council time to appoint a new Treasurer who will+
hopefully, have the background needed as well as the time and willing-
ness to. serve,,.appropriatelF, I am submitting my resignation effective
September 1, 1995• Hopefully, I will be able to share the knowledge
I have acquired over the past five spears to make the transition easier
for the City and the new Treasurer.
Sincerely,
Muriel (Micki) Korba
MK;cels
6500 PALMA AVENUE . ATASCADERO, CA 93422
City Council:(805)461-5086 City Treasurer:(805)461-5018 City Clerk:(805)461-5074 City Attorney:(805)461-5010 City Fax:(805)461-0606
Agenda Item: A-2
Meeting Date: 6/27/95
ATASCADERO CITY COUNCIL
MAY 23, 1995
MINUTES
The Mayor called the meeting to order at 7:04 p.m. Councilperson Luna 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; Henry Engen, Community
Development Director; Art Montandon, City Attorney;
Brady Cherry, Director of Community Services; Brad
Whitty, Finance Director; Mike McCain, Fire Chief; Bud
McHale, Police Chief and John Neil, Assistant City Engineer
COUNCIL COMMENTS:
Mayor Bewley inquired as to the status of street repairs on Curbaril at EI Camino Real.
Henry Engen responded.
PROCLAMATION:
Mayor Bewley read a proclamation honoring Charles Paddock, Atascadero's zoo
founder and presented it to Rich Schieder of the San Luis Obispo County Zoological
Society. Mr. Schieder noted that a special event was planned for Saturday, June 3,
1995 at the Charles Paddock Zoo and invited all.
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Page 1
COMMUNITY FORUM:
Lee Swam, 905 Lakeview, announced paddle boat races would begin at the
Atascadero Lake on June 20th and continue throughout the summer on Tuesday
evenings. He encouraged participation by councilmembers and City department
heads. A random drawing was held to match a councilmember with a department
head to compete as a team (Luna:McCain, Highland:Takata, Bewley:McHale; Carden:
Whitty; Johnson:Cherry).
Jim Edwards, Atascadero delegate to the Citizens Transportation Advisory Committee
(CTAC), reported that the committee had met on Monday, May 22. He noted that the
Council of Governments wishes to have a youth representative on the committee and
requested input from members of the Council about how to fill the vacancy.
Eric Greening, 5th district representative to CTAC, mentioned he was glad to see the
Atascadero delegate reporting to the Council. He clarified that direction regarding the
youth representative should be in the areas of age limit and how the applicants will
be recruited.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - May 9, 1995
City Clerk recommendation: Approve
2. CITY TREASURER'S REPORT - APRIL, 1995
Staff recommendation: Review and accept
3. GENERAL PLAN AMENDMENT 95001/ZONE CHANGE 95001 - Notice of
receipt of application to amend the General Plan and Zoning Map to change the
land use designation on the Ramona Road freeway frontage south of Del Rio
Road from Suburban Residential to Service Commercial
Staff recommendation: Accept
4. RESOLUTION NO. 45-95 - Authorizing the issuance of the FY 1995-96 Tax and
Revenue Anticipation Notes (TRANs)
Staff recommendation: Adopt
5. RESOLUTION NO. 46-95 - Authorizing the execution of a contract retiring
Henry Engen
Staff recommendation: Adopt
Councilman Luna requested that Item #A-3 be pulled.
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MOTION: By Councilman Highland, seconded by Councilman Luna to
approve the Consent Calendar, items #A-1 , 2, 4 & 5; motion
passed unanimously by roll call vote.
Re: Item #A-3. GENERAL PLAN AMENDMENT 95001/ZONE CHANGE 95001 -
Notice of receipt of application to amend the General Plan and Zoning Map to
change the land use designation on the Ramona Road freeway frontage south
of Del Rio Road from Suburban Residential to Service Commercial
Staff recommendation: Accept
Councilmember Luna indicated that he had pulled this matter to go on record in
opposition. At the request of Councilman Carden, Henry Engen clarified that the
process by which the City Council is alerted of general plan amendments has changed
and confirmed that these items will appear on the Consent Calendar. Councilman
Carden also asked staff for a status report on the ad hoc building permit committee.
Henry Engen noted that a report will be coming forward in the near future.
MOTION: By Councilman Johnson, seconded by Councilman Highland to accept
Item #A-3; motion passed 4:1 (Councilman Luna voting in opposition).
Councilmember Highland and Mayor Bewley qualified that their vote to
accept the application did not imply approval of the specific application.
B. PUBLIC HEARINGS:
1. 1995 WEED ABATEMENT PROGRAM
A. Authorize the Fire Chief to abate the nuisance of noxious or dangerous
weeds on lots identified in Resolution No. 32-95 (Adopted 4/25/95)
Staff recommendation: Approve
B. Resolution No. 43-95 -Authorizing the execution of a contract with Jack
R. Bridwell to abate weeds
Staff recommendation: Adopt
Chief McCain presented the staff report and recommendations. Councilman Luna
asked the Chief to clarify how the date of June 5th was selected as the cut-off date
for abating weeds. The Fire Chief explained that there is a precise schedule to keep,
proper notices to provide, public hearings to hold and County Tax Collector deadlines
to meet. Responding to inquiry from Councilman Johnson, Chief McCain reported
that there are between 4-6,000 parcels identified each year and explained the
methodology behind the format of letters that are mailed annually to property owners
regarding abatement.
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Public Comments:
Sid Bowen 5550 Cascabel asserted that current standards for abatement are
ridiculous and suggested that more reasonable standards be adopted.
Rush Kolemaine, 4580 Potero Road, stated that while he strongly supports the
program. he alse agFees He proposed that thele—is—a-1T-ed feF here—Fume
Fegulatiens. an attempt be made to resolve conflicts between State and local law, and
suggested that regulations be more realistic, in terms of local geography and terrain.
O.W. Smith, 11705 Atascadero Avenue, commented that the weed abatement is
program is fine the way it is.
---End of Public Testimony---
Councilmembers Luna and Highland concurred with Mr. Smith's statement and spoke
in support of the program.
MOTION: By Councilman Luna, seconded by Councilman Highland to
authorize the Fire Chief to abate the nuisance of noxious or
dangerous weeds on lot identified in Resolution No. 32-95; motion
carried 5:0.
MOTION: By Councilman Luna, seconded by Councilman Highland to adopt i
Resolution No. 43-95; motion carried 5:0 by ro/i ca/i vote.
C. REGULAR BUSINESS:
1. - PRESENTATION ON SOUTH ATASCADERO GENERAL PLAN AMENDMENT
Staff recommendation: Provide staff direction, if necessary.
Henry Engen provided a brief overview. Andy Takata introduced the project
proponents.
Thomas J. Lowe, Univest, provided an overview of his company and commented that
he was looking forward to working with the community. He introduced members of
the development team: Deborah Bloomer, Ray Meador, Terry Orton and Todd
Stoutenborough. Mr. Stoutenborough, architect, indicated that there are no plans or
drawings at this point because the team has not yet met with the community on the
design of project. He displayed overhead transparencies illustrating architectural
designs of various major retail projects located in other communities. Andy Takata
reported that the developers would hold a community meeting on Thursday, June 1 st
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at 7:00 p.m.
Councilman Luna asked how much money the City had spent to date on work
associated with the Environmental Impact Report (EIR) for the property. Andy Takata
reported that the City had incurred approximately $16,000 to date. Councilman Luna
commented that he hopes that the developers will consider reimbursing the City for
the information already acquired and encouraged the public to get involved early in the
process. He also suggested that two public informational meetings be held.
By consensus, the City Council agreed to accept the staff report.
Mayor Bewley called a break at 8:07 p.m. The meeting reconvened at 8:24 p.m.
Mayor Bewley opened the floor for public testimony.
Public Comments:
Nancy Horton, 7685 Santa Ysabel, shared concern about the negative impacts of
stimulated growth, commercial vacancies and saturation of outlet centers. She urged
the Council to reconsider the potential re-zoning.
Eric Greening, 7365 Valle, said he is skeptical of the suitability of the property for
commercial retail, but indicated he will reserve comments until there is a specific
project. He noted that he is grateful that the City is getting a project-specific EIR, but
• wants assurance that the EIR will not give a boost to some subsequent project based
on a zone change if the specific project falls through.
O.W. Smith, 11705 Atascadero Avenue, expressed opposition to the type of
development and remarked that he would prefer to see the zoning remain residential.
He urged the Council to make the developers pay for their own sewer line and
consider impacts from light, noise and potential earthquake.
Mike Zappas, 8189 San Dimas Lane, shared concern for the size of the project and
appropriateness for the community. He encouraged the preparation of economic
feasibility studies to determine that the center will be filled and not left vacant.
Livia Kellerman, 5463 Honda, cautioned Univest to keep in mind that most
landowners nearby are homeowners who are concerned with maintaining the rural
atmosphere of Atascadero. She urged the developers to respect the lifestyle of the
neighborhood and give due consideration to visual and sound consequences.
Matthew Tritt, 14060 EI Camino Real, proclaimed that the proposed development will
do nothing but promote further poor planning in the City. He suggested that
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commercial retail zoning be consolidated in one area of town and emphasized the need
to get lots of public input.
Whitey Thorpe, 8025 Santa Ynez, spoke in favor of the potential re-zoning and
encouraged the City Council to think progressively. He asked the Council to welcome
to those who desire to come in and develop a place where Atascadero can shop
without having to go south or north of town.
Leo Korba, 10905 Santa Ana Road, commented that what the City needs is a roller
rink.
Nancy Heiman, 10760 Colorado Road, pointed out that the first community meeting
planned by Univest is scheduled for the same night as the one and only school board
candidates' forum. She expressed concern about lights at night, potential flooding
and traffic impact. Mrs. Heiman also mentioned that there are currently two
intersections in the area that are problematic and stated that she was distrustful of
developers who do not live in Atascadero.
Bob Nimmo mentioned that a majority of the Council was elected on an economic
platform and urged the councilmembers to recognize what the voters of Atascadero
said in the last election. He contended that the City is in dire need of tax revenue and
emphasized that the downtown will not rise unless there is economic entities to bring
in people off the freeway.
Melanie Dunn, 10333 EI Camino Real, saluted the developers for their solicitation of
public input. She said she and her son, Alexander, support the idea of a roller rink.
---End of Public Testimony---
Andy Takata noted that members of the development team are willing to sit down
with members of the public on an individual basis if they have concerns and are not
able to attend the community meeting(s).
2. FALCON CABLE TV - Consideration of 10-year contract extension
Staff recommendation: Provide staff direction to come back with a contract
Brad Whitty provided the staff report. Sylvia Biddle, Falcon Cable Regional Manager,
responded to numerous questions from the Council regarding future trends in cable
television, the contract extension request and customer complaints.
Councilman Luna expressed apprehension about approving a ten-year extension
indicating that he was not in favor of such a long commitment. He suggested that
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Page 6 •
a survey be conducted to analyze performance and customer satisfaction.
Councilman Johnson indicated that he was concerned that the City may be trying to ~
negotiate for technical amenities that may be too difficult to acquire. Andy Takata
noted that staff priorities are the provision of cable access in City Hall and the
acquisition of one public-education-government (PEG) access channel with an option
for another.
Public Comments:
Rush Kolemaine asserted that the City already has rights to-a PEG access channel and
public service announcements. He encouraged the acquisition of live video access.
Whitey Thorpe commented that while he is a subscriber and supporter of Falcon
Cable, he has qualms about the fact that it is a monopoly. He stated that he was not
in favor of approving a monopoly for another ten or fifteen years and suggested that
the contract be extended for another five years at the end of the present contract, if
Falcon is still performing satisfactorily.
Tom Austin, 10780 EI Camino Real, remarked that "public access" should mean "live"
public access and spoke in support of requiring Falcon to provide a studio where
citizens can come in and provide input.
Brad Brown, 475 Pacific Street in San Luis Obispo, noted that he was a member of
a local organization of video producers in the County who support video access for
the arts and education. He suggested that the City move slowly, use consultants (or
local video producers) and explore what's already in the existing contract.
Councilman Johnson asked the speaker if he or his organization was working with the
local.school district. Mr. Brown indicated that there is currently an exciting project
in the making at the Oak Hills High School. He also commented that he encourages
participation in the consortium for community media.
Leo Korba encouraged the Council to study the matter closely and consider soliciting
bids from other providers after the contract expires. He also spoke in support of
seeking to acquire an open facility so that people can telecommute from home.
---End of Public Testimony---
Lengthy Council discussion ensued. Councilman Johnson spoke in support of
approving a reasonable extension so that Falcon Cable can re-coup their investments.
Councilman Highland commented that he would like staff to come back with more
information about the present contract and a staff report addressing some of the
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Page 7
concerns that have come forth. He added that he would like to see some sort of time
frame reflecting when the City can expect to see the implementation of,,
improvements. Councilman Johnson suggested that staff seek clarification from the
school district about their interest PEG access. Councilman Highland agreed.
Councilman Carden noted that he would like to see a comparison of what the present
contract provides and what the City hopes to gain with the extension. In addition, he
recommended that a cost analysis be prepared to demonstrate how consumer rates
will be affected over the ten-year contract extension period.
Brief discussion followed regarding Councilman Luna's suggestion regarding a
customer survey. There was general agreement that a random telephone poll of
approximately 100 Falcon Cable customers would be most informative.
By consensus, staff was directed to bring back the contract extension proposal
at a later date and to include a comparison between the present contract and
the revised contract. In addition, staff is to bring back a time-line for Falcon
Cable improvements and upgrades, verification of school district interest in PEG
access and the results of a random telephone poll to determine customer
satisfaction.
3. RESOLUTION NO. 40-95-Authorizing a Memorandum of Understanding (MOU)
with community media (cont'd from 5/9/95) i
Staff recommendation: Adopt
Brad Whitty provided the report and recommendation. Council questions and
comments followed.
Public Comments:
Rush Kolemaine spoke in favor of joining the consortium and encouraged participation.
Melanie Dunn pondered whether or not the City's financial share ($1 ,800) will pay for
answers to questions regarding what the local cable company could provide as far as
data transfer.
---End of Public Testimony---
Councilman Luna spoke in favor of authorizing the MOU and contended that this kind
of expense is what franchise fees are for. He added that, at minimum, the City
Council should vote to become a friend of the consortium and appoint a task force
member.
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Page 8
MOTION: By Councilman Carden, seconded by Mayor Bewley to become a
task force member for the consortium for community media;
motion passed 4:1 (Highland opposed).
MOTION: By Councilman Luna, seconded by Councilman Highland to
become a contributing member [of the consortium].
Discussion: Councilman Johnson clarified that approval would be no guarantee
that the Council will go on to the next phase.
Vote on the motion: Motion passed 3:2 (Carden and Bewley voting in
opposition).
4. RESOLUTION NO. 31-95 -Approving an Interim Investment Policy (cont'd from
4/25/95)
Staff recommendation: Adopt
Micki Korba presented the interim policy and recommended approval.
MOTION: By Councilman Highland, seconded by Councilman Carden to
adopt Resolution No. 31-95, the interim investment policy; 5:0 by
roll call vote.
• Councilman Highland commented that it is imperative that the Finance Committee
establish a definite time and place to meet.
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(COG)/S.L.O. Regional Transit Authority
(SLORTA) - Councilman Highland reported that there would be a special
meeting of SLORTA regarding unmet transportation needs on
Wednesday, May 24 in San Luis Obispo.
2. City/School Committee - Councilman Johnson reported that the
committee had met on May 18th; topics of discussion included a local
youth drug awareness program, "Routes to School", a site for a new
Junior High School and complaints regarding high school students
loitering around Shores Exxon and the Chamber of Commerce office.
3. County Water Advisory Board/Nacimiento Water Purveyors Advisory
Group - Councilman Highland reported that the Water Advisory Board
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Page 9
will meet Wednesday, May 31st.
4. Economic Round Table - Councilman Johnson reported that the round
table had met on May 17th to appoint officers and orientate new
members.
5. Finance Committee - Councilman Luna noted that the Committee had
met to discuss the interim investment policy and the TRANS (see Items
#A-4 & C-4).
6. Air Pollution Control District - Councilman Highland announced that the
APCD would meet the following day to discuss the Rule 901 issue.
8. North County Council - Councilman Highland reported that the Executive
Committee had met on May 18. The next meeting will be June 29,
1995.
9. Integrated Waste Management Authority - Councilman Luna reported
that the authority had met on May 17th to adopt the budget.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council •
Members of the City Council recognized Henry Engen, Community Development
Director, for his years of service to the community and expressed goodwill on his
retirement.
Councilman Johnson asked for a status report on additional parking at the Lake Park
Pavilion. Henry Engen reported that North Coast Engineering will prepare a site plan
for expanded parking and noted that the matter will come back for Council
consideration. Councilman Johnson suggested that staff delay installing previously
approved "No Parking" signage until after additional parking is provided.
Councilman Carden mentioned that changes to regional memorandums of
understanding require 100% approval by participants and voiced frustration because
it becomes almost impossible to change provisions. Councilman Luna commented
that he does not have a problem with the requirement and would oppose any changes
to it.
Councilman Johnson announced that he would be absent for the second Council
meeting in June.
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Page 10
2. City Treasurer
Micki Korba provided a status report on Orange County Investment monies retrieved..
3. City Manager
Andy Takata provided an overview of the next agenda. He also noted that Closed
Sessions will move to 6:30 p.m. before the regular meeting convenes. The City
Manager expressed appreciation to Henry Engen and wished him well.
The City Council adjourned to Closed Session at 10:50 p.m.
F. CLOSED SESSION:
1. CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Andrew Takata
Employee organization: Management Employees
Closed Session was adjourned at 11:15 p.m. No announcements were made.
THE CITY COUNCIL ADJOURNED CLOSED SESSION TO FRIDAY, JUNE 2 FOR THE
NACIMIENTO PROJECT TOUR HOSTED BY THE CITY OF SAN LUIS OBISPO. THE
NEXT REGULAR MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY,
JUNE 13, 1995.
MINUTES RECORDED AND PREPARED BY:
LEE PRICE, City Clerk
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Page 11
REPORT TO CITY COUNCIL Meeting Date: 6/27/95
CITY OF ATASCADERO Agenda Item: A-3 '
Through: Andy Takata, City Manager
From: Bradford Whitty, Finance Directorq
SUBJECT:.
Authorizing certain individuals to execute documents
between the City and Mid-State Bank.
RECOMMENDATION:
Staff recommends City Council adopt Resolution 50-95,
authorizing certain individuals to execute documents
between the City and Mid-State Bank.
BACKGROUND:
City Council authorized staff to establish a line-of-
credit with Mid-State Bank with Resolution 122-94. In
order to complete the process, the City must submit a
resolution authorizing individuals who can sign the
documents.
Additionally, the recreation department is in the process
of establishing a credit card approval system so that the
City can accept credit cards as payments on various
recreational activities. Such a process will make the
registration process more customer friendly by allowing
registration over the phone rather than having to come
down to City Hall. Mid-state requires an authorizing
resolution to process an order to establish the system.
DISCUSSION•
Staff is negotiating the costs involved with establishing the
credit card system and will be brought back to Council under
a separate cover. Again, the purpose of this Resolution is to
establish the authorized signers between Mid-State Bank and
The City of Atascadero.
FISCAL IMPACT•
The costs associated with establishing the line-of-credit will
be $200. The costs associated with establishing the credit
card system will be brought back at a later date.
0 .
RESOLUTION NO. 50-95
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO AUTHORIZING THE NAMED INDIVIDUALS
TO EXECUTE DOCUMENTS WITH MID-STATE BANK
WHEREAS, City Council authorized the establishment of a line-of-
credit between Mid-State Bank and the City; and
WHEREAS, the City is establishing a credit card acceptance system
with Mid-State Bank; and
WHEREAS, Mid-State requires an authorizing' resolution naming
individuals to execute documents.
NOW THEREFORE, BE IT RESOLVED BY the City Council of the City of
Atascadero the following individuals are authorized to execute
documents for the above stated purposes:
NAME TITLE SIGNATURE
R. David Bewley City Mayor
Andrew J. Takata City Manager
Bradford Whitty Finance Director
Muriel Korba City Treasurer
On motion by Councilmember , seconded by
Councilmember , the foregoing resolution is hereby adopted
in its entirety on the following roll call vote:
AYES
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO
BY:
.DAVID R. BEWLEY, MAYOR
ATTEST:
LEE PRICE, CITY CLERK
APPROVED AS TO FORM:
ARTHER MONTANDON, CITY ATTORNEY
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-4
Through: Andy Takata, City Managera � Meeting Date: 06/27/95
P
From: Alicia Lara, Personnel Analyst
SUBJECT: Providing another designated period for granting two years additional service credit, j
for the Public Employees' Retirement System contract.
RECOMMENDATION: Adoption of attached Resolution No. 51-95, for an additional designated
period granting two years additional service credit,and naming the mayor as the presiding officer,
authority to certify compliance with Government Code Section 20818.
BACKGROUND: This benefit option has resulted from the recognition within the State that
financial crises exist. As a result the State Public Employees Retirement,System has offered
agencies that previously amended their contracts, the opportunity to open another designated
period, which allows an additional two years service credit.
Employees retiring under this section receive an additional two years of service credit without
additional compensation. The employee must have a minimum of five years service credit and
be in employment status with the City for at least one day during the designated period.
This additional window period is intended as a budget reduction measure, per Resolution 46-95,
which is the retirement agreement for the Community Development Director.
In granting this additional designated period, PERS requires the City Council certify that the City
has complied with Government Code Section 20818. That document is attachment "A" to
Resolution 51-95.
FISCAL IMPACT: The total potential cost upon retirement is $37,620. The cost savings, of
course, will be the reduction in workforce, so there will be a net savings to the City immediately
upon the individual's retirement.
Attachments: Resolution #51-95
Attachement "N'
O P 1,-
RESOLUTION NO. 51-95
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO' CALIFORNIA
GRANTING ANTOHER DESIGNATED PERIOD
FOR
TWO YEARS ADDITIONAL SERVICE CREDIT
WHEREAS,the City Council of the City of Atascadero is contracting Public Agency of the Public
Employees' Retirement System; and
WHEREAS, said Public Agency desires to provide another designated period for Two Years
Additional Service Credit, Section 20818, based on the contract amendment included in said
contract which provided for Section 20818, Two Years Additional Service Credit, for eligible
members;
NOW, THEREFORE, BE IT RESOLVED, that said City Council does seek to add another
designated period, and does hereby authorize this Resolution, indicating a desire to add a
designated period from October 1,1995through December 29,1995 for Community Development
Director in the Community Development Department.
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
(o`'��
Attachment "A" to
. Resolution 51-95
CERTIFICATION
OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 20818
In accordance with Government Code Section 20818 and the contract between the Public
Employees' Retirement System, the City Council of the City of Atascadero hereby certifies that:
1. Because of an impending curtailment of, or change in the manner of performing service,
the best interests of the agency will be served by granting such additional service credit.
2. Payment shall be made in the amount equal to the actuarial equivalent of the difference
between the allowance the member receives after receipt of such service credit and the
amount the member would have received without such service credit with respect to all
eligible employees who retire during the specked period.
3. It has elected to become subject to Section 20818 because of impending mandatory
transfers, demotions, layoffs that constitute at least 1 percent of the job classification,
department or organizational unit, as designated by the governing body, resulting from
the curtailment of, or change in the manner of performing, its services.
4. Its intention at the time Section 20818 becomes operative is to keep all vacancies created
by retirements under this section or at least one vacancy in any position in any
department or other organizational unit permanently unfilled thereby resulting in an overall
• reduction in the work force of such department or organizational unit.
THEREFORE, the City Council of the City of Atascadero hereby elects to provide the benefits of
Government Code Section 20818 to all eligible members who retire within the designated period,
October 1, 1995 through December 29, 1995.
CITY COUNCIL
OF THE
CITY OF ATASCADERO
By:
R. DAVID BEWLEY, Mayor
ATTEST:
LEE PRICE, City Clerk
Date
REPORT TO CITY COUNCIL Meeting Date: 6127/95
CITY OF ATASCADERO Agenda Item: A-5
Through: Andy Takata, City Manager
From: Kelly Heffernon, Administrative Analyst
SUBJECT: Resolution ratifying the Integrated Waste Management Authority (IWMA)
Board members as the Solid Waste Local Task Force (LTF)
representatives for San Luis Obispo County
RECOMMENDATION: That Council approve Resolution No. 52-95
BACKGROUND:
The Integrated Waste Management Authority (IWMA), at its May 10, 1995 Board
Meeting, voted to assume the role of the Solid Waste Local Task Force (LTF) for San
Luis Obispo County and appointed the IWMA Board Members as the LTF
representatives. The IWMA Board also voted to request each member City to ratify
and endorse their decision by resolution (see Attachment A).
To date there has been no formalr ment between local count jurisdictions
ag ee y
creating a LTF, only letters appointing delegates to serve on the LTF and a MOA to
establish funding through tipping fees for the AB 939 planning process.
DISCUSSION:
The purpose of the LTF is to coordinate and develop cost effective regional recycling
programs, and to ensure that the goals, policies and procedures outlined in such
programs are consistent with guidelines and regulations adopted by the California
Integrated Waste Management Board.
The LTF previously guided the development of the Source Reduction and Recycling
Elements and Household Hazardous Waste Element for the county and cities prior to
the formation of the IWMA. Remaining responsibilities for the LTF include the
development of the Siting Element of the Countywide Integrated Waste Management
Plan. (Please see Attachment B, Public Resources Code 40950, for more information
describing LTF responsibilities).
Encl: Attachment A: Resolution No. 52-95
Attachment B: Public Resources Code 40950
RESOLUTION NO. 52-95
A RESOLUTION OF THE CITY OF ATASCADERO RATIFYING AND
ENDORSING THE ACTION OF THE SAN LUIS OBISPO COUNTY INTEGRATED
WASTE MANAGEMENT AUTHORITY (IWMA) TO ESTABLISH THE IWMA
AS THE LOCAL TASK FORCE AND APPOINTMENT OF IWMA BOARD
MEMBERS AS LOCAL TASK FORCE REPRESENTATIVES
WHEREAS, Public Resources Code Section 40950 provides for the establishment of
a Local Task Force (LTF); and
WHEREAS, San Luis Obispo County notified the California Integrated Waste
Management Board on March 28, 1990 of the establishment of a LTF; and
WHEREAS, the Joint Powers Agreement establishing the San Luis Obispo County
Integrated Waste Management Authority (IWMA) provides for a regional agency
pursuant to Public Resources Code 40973; and
WHEREAS, the IWMA voted on 10, 1995 to assume the role of the Local Task Force
(LTF) for San Luis Obispo County; and
WHEREAS, the IWMA voted on May 10, 1995 to appoint the IWMA Board Members
as the LTF representatives.
NOW, THEREFORE, the City of Atascadero ratifies and endorses the action taken by
the IWMA on May 10, 1995 of assuming the role of the LTF and appointing the
IWMA Board Members to be the LTF representatives.
On motion by Councilmember seconded by Councilmember
the foregoing resolution is hereby adopted in its entirety on the
following roll call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED: June 27, 1995
ATTACEMUNT B
AB 939, Sher. Solid waste management. Public Resources Code.
PART 2. INTEGRATED WASTE MANAGEMENT PLANS •
CHAPTER 1. PLAN PREPARATION
Article 1. Legislative Findings
§ 40900. (a) The Legislature finds that integrated waste
management plans prepared and adopted by local agencies shall
conform,. to the maximum extent possible to the policies and goals
established under Article 1 and Article 2 of' this division.
(b) The Legislature finds that decisions involving the
establishment or expansion of solid waste facilities should be
guided by an- effective planning process, including meaningful
public and private solid waste industry participation.
(c) The Legislature declares that if is the policy of the state
and the intent of the Legislature that each state, regional, and
local agency concerned with the solid waste facility planning and
siting process involve the public through public hearings and
informative meetings and that, at those hearings and other public
forums, the public be granted the opportunity to respond to clearly
defined alternative objectives, policies, and actions.
(d) The Legislature further declares that it is the policy of the
state and the intent of the Legislature to foster and encourage
private solid waste enterprises. In furtherance of that policy,
it is the intent ot-the Legislature that each-state, regional; and
local agency concerned with the solid waste facility planning and
siting process involve the private solid waste industry.
Article 2. Local Task Forces
§ 40950. (a) On or before March 1, 1990, and every five years
thereafter, each county, which is not a city and county, shall
convene a task force to assist in coordinating the development of
city source reduction and recycling elements prepared pursuant to
Article 1 (commencing with Section 41000) of Chapter 2 and to
prepare the countywide siting element required pursuant to Chapter
4 (commencing with Section 41700) .
(b) The membership of the task force shall be determined by the
board of supervisors and a majority of the cities within the county
which contain a majority of the population in the county and may
include representatives of the solid waste industry, environmental
organizations, general public, special districts, and affected
governmental agencies.
(c) To ensure a coordinated and cost-effective regional recycling
system, the task force shall do all of the following:
18 •
0�,��
(1) Identify solid waste management issues of countywide or
regional concern.
(2) Determine the need for solid waste collection systems,
processing facilities, and marketing strategies that can serve more
than one local jurisdiction within the region.
(3) Facilitate the development of multijurisdictional arrangements
for the marketing of recyclable materials.
(4) To the extent possible, facilitate resolution of conflicts and
inconsistencies between or among city source reduction and
recycling elements.
(d) The task force shall develop goals, policies, and procedures
which are consistent with guidelines and regulations adopted by
the board, to guide the -development of •the siting element of the
countywide integrated waste management plan.
CHAPTER 2. CITY SOURCE REDUCTION AND RECYCLING ELEMENTS
Article 1. Requirements
§ 41000. (a) On or before July 1, 1991, each city shall prepare,
adopt, and, excepting a city and county, submit to the county in
which the city is located a source reduction and recycling element
which includes all of the components specified in this chapter and
which complies with the requirements specified in Chapter 6
(commencing-with• Section-43780) .
§ 41001. The city source reduction and recycling element shall
include a program for management of solid waste generated within
the city, consistent with the waste management hierarchy provided
in Section 40051.
§ 41002. The city source reduction and recycling element shall
place primary emphasis on implementation of all feasible source
reduction, recycling, and composting programs while identifying
the amount of landfill and transformation capacity that will be
needed for solid waste which cannot be reduced at the source,
recycled, or composted.
§ 41003. Each city source reduction and recycling element shall
include,r but is not limited to, all of the following components
for solid waste generated in the jurisdiction of the plan:
(a) A waste characterization component.
(b) A source reduction component.
(c) A recycling component.
19
n,�a
REPORT TO CITY COUNCIL AGENDA ITEM: A-6 (A-H)
CITY OF ATASCADERO MEETING DATE: 6-27-95
Through: Andy Takata, City Manager
Via: Brady Cherry, Director of Community Services
From: Valerie Humphrey, Engineering Division
SUBJECT•
Annual Assessment charges for Street Maintenance Districts.
RECOMMENDATION•
Staff recommends that Council approve the attached resolutions
authorizing the annual assessment rate for the following Street
Maintenance Districts:
83-1 Lobos Lane 86-1 Falda Avenue
83-2 Sonora/Pinal 86-2 Pinal/Escarpa
83-3 Maleza Avenue 86-3 Aguila Avenue
84-1 San Fernando 86-4 Cayucos Avenue
BACKGROUND•
Street surfacing was done in all of these districts under the
provisions of the Streets and Highways Code. The estimate of
$20. 00 per parcel is based upon accomplishing minor maintenance
work during the 1995-96 fiscal year.
It is required that this special tax rate be established by
resolution in order to appear on next year's property tax roll.
FISCAL IMPACT•
Pursuant to the provisions of these resolutions, all funds
received by the City Treasurer from the Tax Collector shall be
deposited into funds established for each specific maintenance
district.
Enclosures:
Resolution 53-95 Aguila Avenue
Resolution 54-95 Pinal-Escarpa Avenues
Resolution 55-94 Cayucos Avenue
Resolution 56-94 Falda Avenue
Resolution 57-94 Lobos Avenue
Resolution 58-94 Sonora-Pinal Avenue
Resolution 59-94 Maleza Avenue
Resolution 60-94 San Fernando Road
RESOLUTION NO. 53-95
RESOLUTION OF THE CITY COUNCIL OF THE CITYOF
ATACE OF ESTABLISHING AN ANNUAL ASSESSMENT FOR MA
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-3 AGUILA AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-3 ; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 86-3 ; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 86-3 , said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the 1st day of
July, 1995, and ending the 30th day of June, 1996.
Section 4 . The works of improvement and maintenance performed
within Maintenance District 86-3 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he- same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City .
of Atascadero Maintenance District 86-3 Aguila Avenue" pursuant to
the provisions of this resolution and law, and said transfer shall
be made and accomplished as soon as said monies have been made
available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7. The City Clerk is hereby further ordered and
directed to file a certified copy of this -resolution with the
County Tax Collector upon its adoption.
Section 8 . Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
On motion by Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
• NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
SPECIAL ASSESSMENT FOR ROLL YEAR 1995/96
FUND: 1802 - ATAS AGUILA AV M/D
ASSESSMENT NO. ASSESSMENT AMOUNT
030, 321, 010 20. 00
031, 012, 016 20. 00
031,012,020 -20. 00
031, 012, 004 20. 00
031, 012, 017 20. 00
•
. RESOLUTION NO. 54-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-2 FINAL-ESCARPA AVENUES
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-2; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 86-2 ; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
• City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 86-2, said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the lst day of
July, 1995, and ending the 30th day of June, 1996.
Section 4 . The works of improvement and maintenance performed
within Maintenance District 86-2 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
r' or ,
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 86-2 Pinal-Escarpa Avenues"
pursuant to the provisions of this resolution and law, and said
transfer shall be made and accomplished as soon as said monies have
been made available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7 . The City Clerk is hereby further ordered and
directed to file a certified copy of this -resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
On motion by Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES: .
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
SPECIAL ASSESSMENT FOR ROLL YEAR 1995/96
FUND: 1083 - ATAS PINAL/ESCARPA
ASSESSMENT NO. ASSESSMENT AMOUNT
029, 111, 002 20. 00
029, 111, 003 20.00
029, 111, 004 -20.00
029, 111, 005 20.00
029, 111, 006 20. 00
029, 111, 007 20. 00
029, 111, 008 20. 00
•
•
RESOLUTION NO. 55-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-4 CAYUCOS AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-4; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 86-4 ; and
WHEREAS, under the provisions of section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20.00) per
parcel as identified in the assessment diagram for Maintenance
District 86-4, said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the 1st day of
July, 1995, and ending the 30th day of June, 1996.
Section 4 . The works of improvement and maintenance performed
within Maintenance District 86-4 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
Section 5. The City Treasurer shall place all monies •
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 86-4 Cayucos Avenue" pursuant
0� .� 1
to the provisions of this resolution and law, and said transfer
shall be made and accomplished as soon as said monies have been.,
made available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7. The City Clerk is hereby further ordered and
directed to file a certified copy of this. resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
On motion by Councilmember and seconded
by Councilmember the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
SPECIAL ASSESSMENT FOR ROLL YEAR 1995/96 •
FUND: 1084 - ATAS CAYUCOS M/D
ASSESSMENT NO. ASSESSMENT AMOUNT
029, 212 , 011 20. 00
029,212, 013 20. 00
029,212,023 20. 00
029,261, 007 20.00
029,261, 014 20. 00
029,261,019 20. 00
029,212, 012 20. 00
029, 212 , 015 20. 00
029, 261, 001 20. 00
029, 261, 012 20. 00
029, 261, 017 20.00
RESOLUTION NO. 56-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 86-1 FALDA AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 86-1; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 86-1; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 86-1, said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the lst day of
July, 1995 and ending the 30th day of June, 1996.
Section 4 . The works of improvement and maintenance performed
within Maintenance District 86-1 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
0"`a" s
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City,;
of Atascadero Maintenance District 86-1 Falda Avenue" pursuant to
the provisions of this resolution and law, and said transfer shall
be made and accomplished as soon :as said monies have been made
available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7 . The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
On motion by Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
SPECIAL ASSESSMENT FOR ROLL YEAR 1995/96
FUND: 1805 ATAS FALDA RD M/D
ASSESSMENT NO. ASSESSMENT AMOUNT
049, 301,004 20.00
049, 301, 007 20.00
049, 301, 008 20.00
049, 301, 017 20.00
049, 301,020 20. 00
049, 301, 021 20. 00
049, 302 , 001 20. 00
049, 302 , 006 20. 00
049, 302, 007 20. 00
049, 302 , 010 20. 00
049, 302 , 034 20. 00
049, 302 , 035 20. 00
•
'.v`r
RESOLUTION NO. 57-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 83-1 LOBOS AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 83-1; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 83-1; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 83-1, said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the lst day of
July, 1995, and ending the 30th day of June, 1996.
Section 4 . The works of improvement and maintenance performed
within Maintenance District 83-1 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
• Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 83-1 Lobos Avenue" pursuant to
the provisions of this resolution and law, and said transfer shall
be made and accomplished as soon as said monies have been made
available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7 . The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
On motion by Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
•
SPECIAL ASSESSMENT FOR ROLL YEAR 1995/96
FUND: 1704 - ATAS LOBOS LN M/D
ASSESSMENT NO. ASSESSMENT AMOUNT
029, 222, 018 20.00
029,222, 019 20.00
029,222 ,020 20. 00
029,222, 021 20. 00
029, 222, 026 20. 00
029, 222, 037 20. 00
029,231, 001 20.00
029, 231, 013 20.00
029, 231, 015 20. 00
029, 231, 016 20. 00
029, 272 , 013 20.00
029, 272 ,016 20. 00
029, 272 , 023 20. 00
029,272, 024 20. 00
•
RESOLUTION NO. 58-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 83-2 SONORA/PINAL AVENUES
WHEREAS, The Council has previously approved the formation of
Maintenance District 83-2 ; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 83-2 ; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 83-2 , said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the 1st day of
July, 1995, and ending the 30th day of June, 1996.
Section 4 . The works of improvement and maintenance performed
within Maintenance District 83-2 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 83-2 Sonora/Pinal Avenues"
pursuant to the provisions of this resolution and law, and said
transfer shall be made and accomplished as soon as said monies have
been made available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7 . The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
On motion by Councilmember and seconded by
Councilmember , the foregoing Resolution is hereby adopted
in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
s
SPECIAL ASSESSMENT FOR ROLL YEAR 1995/96
FUND: 1705 ATAS SONORA/PINAL
ASSESSMENT NO. ASSESSMENT AMOUNT
029, 121, 001 20. 00
029, 121, 002 20. 00
029, 121, 003 20.00
029, 161, 009 20. 00
029, 171, 001 20. 00
029 , 171, 002 20. 00
029, 171, 003 20. 00
029, 171, 021 20. 00
029, 181, 002 20. 00
029, 181, 005 20. 00
029 , 181, 006 20. 00
029, 181, 016 20. 00
029, 181, 040 20. 00
029, 181, 041 20. 00
029, 181, 045 20. 00
029, 181, 046 20. 00
029 , 181, 051 20. 00
029 , 181, 052 20. 00
RESOLUTION NO. 59-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 83-3 MALEZA AVENUE
WHEREAS, The Council has previously approved the formation of
Maintenance District 83-3; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 83-3 ; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the •
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 83-3 , said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the lst day of
July, 1995, and ending the 30th day of June, 1996.
Section 4 . The works of improvement and maintenance performed
within Maintenance District 83-3 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 83-3 Maleza Avenue" pursuant to
the provisions of this resolution and law, and said transfer shall
be made and accomplished as soon as said monies have been made
available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7 . The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8 . Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
On motion by Councilmember and seconded
by Councilmember F the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
. NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
SPECIAL ASSESSMENT FOR ROLL YEAR 1995/96
FUND: 1790 - ATAS MALEZA M/D
ASSESSMENT NO. ASSESSMENT AMOUNT
029, 121, 005 20. 00
029, 121, 006 20.00
029, 121, 007 20. 00
029, 121, 019 20. 00
029, 121, 020 20. 00
029, 131, 002 20. 00
029, 131, 023 20. 00
029, 131, 025 20. 00
029, 131, 026 20. 00
RESOLUTION NO. 60-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF
CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE
IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION
5830) FOR MAINTENANCE DISTRICT 84-1 SAN FERNANDO ROAD
WHEREAS, The Council has previously approved the formation of
Maintenance District 84-1; and
WHEREAS, certain street improvements were constructed under
the provisions of the Improvement Act of 1911; and
WHEREAS, it may be necessary for the City to perform routine
maintenance of the improvements constructed within Maintenance
District 84-1; and
WHEREAS, under the provisions of Section 5830 of the Streets
and Highways Code it is the responsibility of the Council to
estimate the cost of maintenance in the district during the ensuing
year and to fix a special tax rate for the real property within
said maintenance district to raise an amount of money to cover the
expense of maintaining said improvements:
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the
City of Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . Based on an estimate of the Public Works Director,
the Council sets a special tax rate of Twenty Dollars ($20. 00) per
parcel as identified in the assessment diagram for Maintenance
District 84-1, said special tax to cover the expense of maintaining
the road and drainage improvements within said district during the
ensuing year.
Section 3 . The adoption of this resolution constitutes a levy
of the assessment for the fiscal year commencing the lst day of
July, 1995, and ending the 30th day of June, 1996.
Section 4 . The works of improvement and maintenance performed
within Maintenance District 84-1 shall be performed pursuant to law
and the County Auditor shall enter on the County Assessment Roll,
the amount of the assessment, and said assessment shall then be
collected at he same time and in the same manner as the County
taxes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City Treasurer of the
City.
Section 5. The City Treasurer shall place all monies
collected by the Tax Collector into the special fund known as "City
of Atascadero Maintenance District 84-1 San Fernando Road" pursuant
to the provisions of this resolution and law, and said transfer
shall be made and accomplished as soon as said monies have been
made available to the City Treasurer.
Section 6. The City Clerk is hereby ordered and directed to
file a certified copy of this resolution with the County Auditor
upon its adoption.
Section 7. The City Clerk is hereby further ordered and
directed to file a certified copy of this resolution with the
County Tax Collector upon its adoption.
Section 8. Any parcels or lots of land known as public
property, as the same is defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code, which are included within
the boundaries of the District shall be omitted and exempt from any
assessment made under these proceedings.
On motion by Councilmember and seconded
by Councilmember , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk , Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
•
SPECIAL ASSESSMENT FOR ROLL YEAR 1995/96
• FUND: 1791 - ATAS SAN FERNANDO
ASSESSMENT NO. ASSESSMENT AMOUNT
049, 241, 008 20. 00
049, 241, 012 20. 00
049, 241, 030 20. 00
049, 241,031 20. 00
049, 241, 039 20. 00
049, 241, 040 20. 00
049, 251, 036 20. 00
049, 251, 037 20. 00
049, 251, 038 20. 00
049, 271, 016 20. 00
049, 271, 017 20.00
049, 271, 020 20. 00
049,271, 021 20. 00
049, 271, 022 20. 00
049, 281,001 20. 00
049 , 281, 002 20. 00
049, 281, 003 20. 00
049, 281, 004 20. 00
049, 281, 005 20. 00
049, 281, 007 20. 00
049, 281, 008 20. 00
049 , 281, 009 20. 00
049 , 281, 010 20. 00
0 049 , 281, 011 20. 00
REPORT TO CITY COUNCIL Meeting Date: 6-27-95
CITY OF ATASCADERO Agenda Item: A-7
Through: Andrew J. Takata, City Manager
Via: Brady Cherry, Director of Community Services
From: Valerie Humphrey, Engineering Divisio
SUBJECT:
Assessment District #7 - Santa Rosa Road
RECOMMENDATION•
Staff recommends that Council adopt Resolution No. 61-95 for
the placement of the annual assessment charge for District 7 on the
property taxes for Fiscal Year 1995-96.
BACKGROUND•
Assessment District No. 7 was formed this year to provide
sanitary sewer service to a Cease and Desist Area on Santa Rosa
Road, Mountain View and Lakeview Drives.
After construction each parcel was assessed $8, 434. 37 for the
cost of the sewer service extension. At that time residents were
given the option to pay the assessment up front or to make payments
for a period of 15 years at 5% interest. During the pre-payment
period six residents chose to pay the assessment in full and one
resident paid $7 , 000 of the total. This charge is the second
installment on that assessment.
FISCAL IMPACT•
This District was funded by monies borrowed from the
Wastewater Facilities Account. Funds received from these annual
assessments will go towards repayment of that loan.
Attachment:
Resolution No. 61-95.
RESOLUTION NO. 61-95
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
PLACING THE ANNUAL PAYMENT FOR ASSESSMENT DISTRICT
NO. 7 (SANTA ROSA ROAD) ON THE PROPERTY TAXES FOR
FISCAL YEAR 1995-96
WHEREAS, Assessment District No. 7 was formed by Resolution
No. 132-93 on March 8, 1994; and
WHEREAS, funds expended for the improvement from the
Wastewater Facilities Account must be repaid through the levying of
assessments against all benefitting property owners.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Atascadero, as follows:
Section 1. The foregoing recitals are true and correct and
this Council so finds and determines.
Section 2 . The adoption of this resolution authorizes the
collection of the assessment for the fiscal year commencing on the
1st day of July 1995 and ending on the 30th day of June, 1996, said
-
assessments as listed on attached Exhibit A.
Section 3 . The City Clerk is hereby ordered and directed to •
file a certified copy of the assessment roll with the County
Auditor, together with a certified copy of this Resolution upon its
adoption.
Section 5 . The City Clerk is hereby ordered and directed to
file a certified copy of the assessment roll with the County Tax
Collector, together with a certified copy of this Resolution upon
its adoption.
On motion by Councilperson and seconded by
Councilperson the foregoing resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
DATE:
Resolution No. 61-95
page two
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON
City Attorney
•
•
Exhibit A
Resolution No. 61-95
ASSESSMENT DISTRICT #7
056-322-016 $828. 58
056-322-019 828. 58
056-322-020 828. 58
056-322-021 828. 58
056-322-027 828 . 58
056-322-026 828 . 58
056-322-007 828 . 58
056-322-006 828. 58
056-322-032 828. 58
056-321-006 828. 58
056-321-007 828. 58
056-321-021 828 . 58 •
056-321-020 828 . 58
056-321-010 828 . 58
056-261-051 828 . 58
056-261-058 828 . 58
056-261-059 828 . 58
056-261-062 828. 58
056-261-055 828 . 58
056-261-054 828 . 58
056-261-004 828 . 58
056-351-004 -0-
REPORT TO CITY COUNCIL Meeting Date: 6-27-95
CITY OF ATASCADERO Agenda Item• A-8
Through: Andy Takata, City Manager
Via: Brady Cherry, Director of Community Services
From: Valerie Humphrey, Engineering Division
SUBJECT:
Assessment District #3 - Marchant Way
RECOMMENDATION:
Staff recommends that Council adopt Resolution No. 63-95 for
the placement of the annual assessment charge for District 3 on the
property taxes for Fiscal Year 1995-96.
BACKGROUND:
Assessment District No. 3 was formed in 1986 to provide
sanitary sewer service to a Cease and Desist Area located at the
southwest end of Atascadero Lake along Marchant Way.
After construction each parcel was assessed $4150 for the cost
of the sewer service extension. At that time residents were given
the option to pay the assessment up front or to make payments for
a period of 15 years at 6% interest. This charge is the eighth
installment on that assessment.
FISCAL IMPACT•
This District was funded by using the remaining FmHA monies
left over after completion of the new Wastewater Treatment Plant.
These annual assessments go toward repayment of that loan.
Attachment:
Resolution No. 63-95 w/attachment
RESOLUTION NO. 63-95
RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO PLACING THE ANNUAL PAYMENT FOR ASSESSMENT DISTRICT
NO. 3 (MARCHANT WAY) ON THE PROPERTY TAXES FOR
THE 1995-96 FISCAL YEAR
WHEREAS, Improvement District No. 3 was formed by Resolution
3-86 of the Atascadero County Sanitation District Board on January
13 , 1986; and
WHEREAS, Improvement District No. 3 was annexed into the
Atascadero County Sanitation District by Resolution 4-86 of the
Board on January 13 , 1986; and
WHEREAS, the Atascadero County Sanitation District has
subsequently been dissolved; and
WHEREAS, the City of Atascadero has absorbed the former
District into the Wastewater Division of the Department of Public
Works, giving the City Council all of the powers and fiscal
responsibilities of the former District.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Atascadero as follows:
Section 1. The above recitals are true and correct.
Section 2 . The adoption of this resolution authorizes the
collection of the assessment for the fiscal year commencing on the
1st day of July 1995 and ending on the 30th days of June, 1996,
said assessments as listed on attached Exhibit A.
Section 3 . The assessment has been determined to be $4150. 00
per parcel to be paid at an interest rate of 6% per year for a term
of 15 years, said yearly assessment to be $428 . 00.
Section 4 . The City Clerk is hereby ordered and directed to
file a certified copy of the diagram and assessment roll with the
County Auditor, together with a certified copy of this Resolution
upon its adoption.
Section 5. The City Clerk is hereby further ordered and
directed to file a certified copy of the assessment roll with the
County Tax Collector, together with a certified copy of this
Resolution upon its adoption.
On motion by Councilmember and seconded by
Councilmember , the foregoing resolution is adopted
in its entirety on the following roll call vote:
SPECIAL ASSESSMENT FOR ROLL YEAR 1994/95
FUND: 1835 - ATAS MARCHANT A/D
ASSESSMENT NO. ASSESSMENT AMOUNT
031, 381, 007 428. 00
031, 381, 009 428. 00
031, 381, 010 428 . 00
031, 381,020 428. 00
031, 381, 032 428 . 00
031, 381, 036 428 . 00
031, 381, 051 428 . 00
031, 381, 052 428 . 00
031, 381, 053 428. 00
031, 381, 055 428 . 00
031, 381, 059 428 . 00
031, 381, 061 428 . 00
031, 381, 062 428 . 00
031, 381, 063 428 . 00
REPORT TO CITY COUNCIL Meeting Date: 6-27-95
CITY OF ATASCADERO Agenda Item: A-9
Through: Andrew J. Takata, City Manager
Via: Brady Cherry, Director of Community Services
From: Valerie Humphrey, Engineering Division
SUBJECT•
Assessment District No. 8 - San Gabriel Road
RECOMMENDATION•
Staff recommends that Council adopt Resolution No. 64-95 for
the placement of the annual assessment charge for District 8 on the
property taxes for Fiscal Year 1995-96.
BACKGROUND•
Assessment District No. 8 is unique in that the sewer line was
installed by the Atascadero Unified School District for the new San
Gabriel Road School. Upon completion of the line a Reimbursement
Agreement was executed establishing a charge for all of the
properties fronting on the line.
While City ordinance requires all properties fronting a sewer
line to connect, the area along San Gabriel Road is outside the
Urban Services Line and are therefore prohibited from such
connection. To complicate matters, there are six properties on San
Gabriel Road which are part of Cease and Desist Order No. 81-60
requiring connection to the new sewer line. To enable compliance
with the Order a General Plan Amendment was adopted which allows
for the connection of Cease and Desist properties even when outside
the USL.
In accordance with Ordinance #246 the property owners were
given the option of paying all fees up front or having the fees
prorated for a 15 year period at 10% interest, payment to be made
through the property taxes. The fees include the reimbursement
amount, Annexation Fee and permit cost for a total of $5, 830. 00
While four of the six property owners chose to pay the total cost
up front, two have chosen to have the charges added to the property
taxes. The charges differ in that one property owner chose to pay
part of the fees upon connection.
FISCAL IMPACT'
The Reimbursement Agreement with the AUSD states that the
reimbursement amount will be paid upon connection of the property
and does not allow for prorated payments. . Therefore, the City has
paid the full amount of $9, 890. 00 to the AUSD and these charges are
a repayment to the City.
Attachment: Resolution No. 64-95
RESOLUTION NO. 64-95
RESOLUTION OF THE COUNCIL OF" THE CITY OF ATASCADERO
PLACING THE ANNUAL PAYMENT FOR ASSESSMENT DISTRICT
NO.8 (SAN GABRIEL) ON THE PROPERTY TAXES
FOR FISCAL YEAR 1995-96
WHEREAS, the Regional Water Quality Control Board issued
Cease and Desist Order No. 81-60 which included the area
specified as Assessment District No. 8; and
WHEREAS, the Atascadero Unified School District (AUSD)
constructed a public sewer line on San Gabriel Road providing
access to this area; and
WHEREAS, the AUSD entered into a Reimbursement Agreement
with the City providing for the collection of monies from
properties connecting to this sewer line; and
WHEREAS, Ordinance No. 246 allows for the repayment of such
fees over a 15 year period at an interest rate of 10%
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Atascadero as follows:
Section 1. The above recitals are true and correct
• Section 2 . The adoption of this resolution authorizes the
collection of the assessment for the fiscal year commencing on
the 1st day of July 1995 and ending on the 30th day of June,
1996, said assessments as listed on attached Exhibit A.
Section 3 . The City Clerk is hereby ordered and directed to
file a certified copy of the assessment roll with the County Tax
Collector, together with a certified copy of this Resolution upon
its adoption.
On motion by Councilmember and
seconded by Councilmember the foregoing
resolution is adopted in its entirety on the following roll call
vote:
AYES:
NOES:
ABSENT:
ADOPTED:
•
REPORT TO CITY COUNCIL Meeting Date: 6/27/95
CITY OF ATASCADERO Agenda Item: A-10
Through: Andy Takata, City Manager N/C
From: Bradford Whitty, Finance Director
SUBJECT:
Second Amendment to the adopted 1994-95 Fiscal Year Budget.
RECOMMENDATION•
Staff recommends Council adopt Resolution 65-95, making the
second amendment to Resolution 85-94, the adopted 1994-95
Fiscal Year Budget.
BACKGROUND:
This is a final amendment to the City' s budget for the
1994-95 fiscal year. At the mid-year review, the staff
report indicated there were several funds that were not
originally budgeted during the budget process last year. Also
stated was these funds would be brought back to council by
year end for adoption. This resolution serves that purpose.
DISCUSSION•
The first two pages shown on Attachment A are those funds that
were not originally budgeted for the year. The total revenues
are $609,300 while expenditures are $548,900.
The last page of the attachment shows a shift in General
Fund expenditures between departments. This was necessary
because several line item accounts had been budgeted to Non-
Departmental in the past and not the individual departments.
Therefore, the shifting better reflects the departments usage
of the items indicated in Note 1. This will assist in
preparing future budgets for each individual department. The
shift nets to zero and therefore is not a request to increase
overall expenditures in the fund.
RESOLUTION NO. 65-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, 0.
MAKING THE SECOND OLUTION N
THE ADOPTED AMENDMENT
FISCAL YEAR BUDGET
85-94
NOW, THEREFORE BE IT RESOLVED, by the City Council of the
City of Atascadero as follows:
SECTION 1. Fund Balances, Revenue and Expense amounts are
adjusted by the amounts shown in Exhibit "A" , make a part of this
resolution.
SECTION 2. These changes are effective immediately upon
adoption of this resolution.
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:
CITY OF ATASCADERO
ATTEST:
By:
LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
Resolution No. 65-95
Exhibit A
Page 1
Proposed
Original Year-End Amended
BUDGET ADJUSTMENTS BUDGET
FUND 007•
Development Fee Fund:
July 1, 1994 Fund Balance 83 83
Add Revenue -0- 26, 000 26,000
Total Available 83 26,083
Less Expenditures _ -0- -0-
June 30, 1995 Fund Balance $ 83 $ 26,083
FUND 026:
Camino Real Reserve:
July 1, 1994 Fund Balance 203,343 203,343
Add Revenue -0- 7,500 7,500
Total Available 203,343 210, 843
Less Expenditures -0- <8,200> <8,200>
June 30, 1995 Fund Balance $ 203,343 $ 202,643
AMkJND 027•
wr
92 St. A.D. Reserve:
July 1, 1994 Fund Balance 45,565 45,565
Add Revenue -0- 1, 800 11800
Total Available 45,565 47,365
Less. Expenditures -0- <1,700> <1,700>
June 30, 1995 Fund Balance $ 45,565 $ 45,665
FUND 101•
93-STBG-688•
July 1, 1994 Fund Balance 3,700 3,700
Add Revenue -0- 267,000 267,000
Total Available 3,700 270,700
Less Expenditures -0- <269, 000> <269,000>
June 30, 1995 Fund Balance $ 3,700 $ 1,700
Resolution No. 65-95
Exhibit A
Page 2
Proposed .
Original Year-End Amended.
BUDGET ADJUSTMENTS BUDGET
FUND 102•
95-CDBG•
July 1, 1994 Fund Balance -0- -0-
Add Revenue -0- 20,000 20,000
Total Available -0- 20,000
Less Expenditures -0- <20,000> <20,000>
June 30, 1995 Fund Balance $ -0- $ -0-
FUND 120•
93 EDBG-268•
July 1, 1994 Fund Balance <4,260> <4,260>
Add Revenue -0- 25, 000 25, 000
Total Available <4,260> 20,740
Less Expenditures -0- <23, 000> <23, 000>
June 30, 1995 Fund Balance $< 4,260> $< 2,260>
FUND 406:
Camino Real Redemption:
July 1, 1994 Fund Balance 81,317 81,317
Add Revenue -0- 1101000 110,000
Total Available 81,317 191,317
Less Expenditures -0- <143,000> <143,000>
June. 30, 1995 Fund Balance $ 81,317 $ 48,317
FUND 407•
92 Street A.D. Redemption:
July 1, 1994 Fund Balance 64,949 64,949
Add Revenue -0- 112,000 112,000
Total Available 64,949 176,949
Less Expenditures -0- <84,000> <84,000>
June 30, 1995 Fund Balance $ 64,949 $ 92,949
FUND 809•
Santa Rosa Assessment:
July 1, 1994 Fund Balance 8,480 8,480
Add Revenue -0- 40, 000 40, 000
Total Available 8,480 48,480
Less Expenditures -0- -0-
June 30, 1995 Fund Balance $ 8,480 $ 48,480
Resolution No. 65-95
Exhibit A
Page 3
Proposed
Original Year-End Amended
BUDGET ADJUSTMENTS BUDGET
FUND:
General Fund:
EXPENDITURES ( lA
City Council 27,830 27,830
City Clerk 49, 147 1,610 50,757
City Treasurer 4,738 4,738
City Attorney 66,890 250 67,140
Special Legal 25,000 25,000
City Manager 154, 110 1,800 155,910
Personnel Admin. 71,603 2,250 73,853
Recruitments 3,450 3,450
Police(2) 2,436, 197 2,700 2,438.897
Fire 1,256,371 275 1,256,646
PW/Engineering 171,355 900 172,255
Recycling 2,225 2,225
Comm.Dev./Admin. 172,905 1,700 174,605
Planning 210,661 210,661
Comm.Dev./B1dg.Insp. 175,240 455 175,695
Code Enforcement 26,550 26,550
Comm.Serv./Admin. 64,513 5,900 70,413
Parks(3) 288,976 <3,500> 285,476
Bldg. Maint. 190,317 190,317
Streets Maint. 42,729 50 42,779
Finance 230,957 2,200 233, 157
Risk Management 297,277 297,277
Equipment Replacement 55,475 55,475
Non-Departmental 357,860 <16,590> 341,270
Community Groups 10,225 10,225
Other Financing Uses 193,000 193,000
Net Expenditures $6,580,601 -0 $6,580,601
( 1) The $16,590 decrease in non-departmental results from a shift to the
other departments to cover the items not originally budgeted for in the
department. (ie, Gasoline & Oil, Communications, Postage & Freight) .
In past years, these items were charged to non-departmental rather than
the department. Total net change in expenditures is zero because the
shift is occurred within the General Fund.
(2) The Police Department has changed its request from two marked Police
vehicles to one marked and one unmarked vehicle.
(3) $3,500 was shifted from Parks electricity usage to non-departmental to
cover the shortage for that line item.
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda item: A-11
From: Andrew J. Takata, City Manager( Meeting Date: 6/27/95
SUBJECT: Assembly Bill 318 (Katz) - Water and power utility rates
RECOMMENDATION:
That the City Council concur with the League of California Cities position on AB 318
and direct staff to prepare a letter, over the Mayor's signature, expressing formal
opposition to this legislation.
BACKGROUND:
This item is in response to Councilman Carden's request at the June 13th meeting
that the Council take a formal position on AB 318 (see attached excerpt from League
6/2/95 Bulletin).
AT:cw
Attachment
LEGISLATIVE ACTIVITIES
1. Water and Power Utility Rates.
[AB 318 (Katz) - Oppose]
Passes Assembly; Pending in Senate Local Government Committee
AB 318 passed the Assembly Thursday morning.. In a procedural move generally limited to
periods when time deadlines are in force, AB 318 was amended on Thursday on the Assembly
Floor and taken up for a vote in "mock-up" form. Unfortunately, with these amendments,
Republicans who were anticipated to either vote "no" or abstain, voted "Aye" on the bill, thus
ensuring its passage.
AB 318 generally would restrict the ability of cities to transfer revenue from their water or power
utilities to a city's general fund. The amendments adopted provide the following. The
restrictions on transferring "surplus" revenue to the general fund would not apply if either:
1. the city, within two years of enactment of AB 318, holds an election in which by a
majority vote the voters approve transfer of surplus funds to the general fund; or
2. the city, within 50 years prior to the effective date of enactment of AB 318, held an
election in which the voters approved, by a majority vote, the transfer of surplus funds
to the city.
If neither of these provisions occur, the city must reduce the transfer of"surplus" funds from its
water or power utility by 20% each year over a five year period (changed from three years) and
reduce its utility rates proportionately. The League is still analyzing the impacts of these last .
minute amendments.
The League continues to oppose AB 318 as a serious intrusion by the state into local rate setting
authority. While the amendments appear to be directed towards charter cities that have transfer
provisions included in their city charters, not all charter cities would be covered. In addition, the
measure does nothing to address the problems that general law cities would face.
AB 318 will be heard in the Senate Local Government Committee, although a hearing date has
not yet been set. All cities, whether or not.they are impacted by the amended version of AB 318
should contact their Senators, and the members of the Senate Local Government Committee and
urge a "no" vote on the measure. Be sure to explain the budgetary impacts of the measure on
your city. Cities have done an excellent job lobbying their Assembly Members. The same
intensity should now be directed to their Senators. (See Committee membership after Legislative
Activities in this Bulletin.) (Referred to previously in Bulletins#18-1995, 19-1995, and 20-1995.)
[League staff: Yvonne Hunter]
2 June 2, 1995
0f*.el
. _
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-12
From: Andrew J. Takata, City Manager L: Meeting Date: 6/27/95
SUBJECT: Senate Bill 1066 (Campbell) - Development Fees
RECOMMENDATION:
That the City Council concur with the League of California Cities position on SB 1066
and direct staff to prepare a letter, over the Mayor's signature, expressing formal
opposition to this legislation.
BACKGROUND:
This item is in response to Councilman Carden's request at the June 13th meeting
that the Council take a formal position on SB 1066 (see attached excerpt from League
6/2/95 Bulletin).
AT:cw
Attachment
2. Development Fees.
[SB 1066 (Campbell) - Oppose]
Another Builder Bill Would Limit City Authority to Fund Development Costs.
Hearing: Monday, June 5, Senate Appropriations Committee
SB 1066 would overturn the Centex Real Estate Coro. case which upheld a city's ability to
charge an excise tax for general fund needs related to new development. The League filed an
amicus brief in that case and believes that the Court of Appeal correctly decided that there is a
distinction between an excise tax and a fee. The result of SB 1066 is that there would be no
ability to tax development. Any assessment levied on development would be limited to
development fees which meet the narrow nexus test for impacts under Government Code Section
66000.
The bill also amends the existing "AB 1600" fee limitations. SB 1066 would limit the time
period in which the fee can be held. Cities sometimes collect fees for long-term projects for
which the remainder of the funding is not available on a short-term basis. For example, a city
may collect a park fee intending to partially fund the park from development fees and partially
fund it from a local bond measure. If the bond measure fails, the city would need to collect
development fees for a longer period of time to install the park. The city may calculate a fee
based on a development schedule that the applicant does not meet. The result in either case is
that the city must hold on to the money for a longer period of time than anticipated.
SB 1066 would also require specific identification of the project for which a fee is levied. Where
a fee is earmarked for park development or wastewater extension, changing circumstances may
result in alternative mechanisms for meeting the community needs. A regional park may be
developed in the proximity of the subdivision. The wastewater line identified for extension may .
be placed at a different location.
For each of the 470 cities there are bound to be many such exceptions. Identifying specific
projects does not give sufficient flexibility. Builders are loathe to be held to our general plan
designations, zoning or even the terms of their own subdivision maps as the amendment process
attests. Local governments need the same flexibility.
Cities should contact the Senate Appropriations Committee members and urge their NO vote on
SB 1066. (See Committee membership after Legislative Activities in this Bulletin.) (Referred
to previously in Bulletin #18-1995.) [League Staff: Ernest Silva]
June 2, 1995
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-13
From: Andrew J. Takata, City Manager 's Meeting Date: 6/27/95
SUBJECT: Senate Bill 1266 (Kopp) - Use of Eminent Domain
RECOMMENDATION:
That the City Council concur with the League of California Cities position on SB 1266
and direct staff to prepare a letter, over the Mayor's signature, expressing formal
opposition to this legislation.
BACKGROUND:
This item is in response to Councilman Carden's request at the .lune 13th meeting
that the Council take a formal position on SB 1266 (see attached excerpt from League
6/2/95 Bulletin).
AT:cw
Attachment
4. Redevelopment: Use of Eminent Domain.
S( B 1266 (Kopp) - oppose]
Hearing: Tuesday, June 6, Senate Judiciary Committee
SB 1266 has been amended to require that if a redevelopment agency that purchases real property
lopent
by eminent domain proceedings has not "put the propertyto use to implement the redeve1.
plan and the purpose for which the property was taken" within three years, the owner from whom
the property was taken shall have 60 days to repurchase the property. The repurchase price shall
be the price paid in the eminent domain proceeding, or the current appraised fair market value,
whichever is less. The language in the amendments is imprecise and subject to various
interpretations. There can be various reasons a redevelopment agency has not begun construction
on the property within three years, many of which are beyond the agency's control, e.g., natural
disaster, increase in interest rates for borrowing money, accumulation of necessary properties over
a number of years.
Cities should contact members of the Senate Judiciary Committee and indicate their opposition
to SB 1266. (See Committee membership after Legislative Activities in this Bulletin.) (Referred
to previously in Bulletins 717-1995, 18-1995, and 19-1995.) (League Staff: Judi Smith) ,
REPORT TO CITY COUNCIL Meeting Date: 6-27-95
CITY OF ATASCADERO Agenda Item• B-1
Through: Andrew J. Takata, City Manager
Via: Brady Cherry, Director of Community Service
From: Valerie Humphrey, Engineering Divisio `1V
SUBJECT•
Addition of Sanitation Service Charges to the 1995-96 property
taxes.
RECOMMENDATION•
It is recommended that Council adopt attached Resolution No.
62-95 upon completion of the public hearing.
BACKGROUND•
City Ordinance provides for the collection of sewer service
charges on the general County tax bills. The attached resolution
has been prepared in accordance with Section 54354 . 5 of the
Government Code to accomplish the necessary collection through the
1995-96 property tax bills. In addition, a Notice of Public
Hearing has been published noticing this action.
DISCUSSION•
The basic area of discussion during the public hearing is
whether of not the property owner is responsible for all or any
portion of the sewer charge that is listed under the column
entitled "amount" on Exhibit "A" . Any questions or concerns
received during the public hearing may be referred to staff for
resolution in order to ensure compliance with forwarding the
approved list to the County Auditor in a timely manner.
FISCAL IMPACT•
The City will bill approximately $1, 350, 000 in sanitation
service charges for fiscal year 1995-96 .
Attachments:
Resolution No. 62-95
RESOLUTION NO. 62-95
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
ADOPTING SERVICE CHARGES TO BE ADDED TO THE
1995-96 PROPERTY TAX BILL
WHEREAS, Council, after due notice was given in accordance
with Section 5473-5473a of the Health and Safety Code has duly held
a public hearing concerning the addition of the 1995-96 ' service
charges to the 1995-96 property tax bill, a
WHEREAS, at said hearing the attached report marked "Exhibit
All containing such charges was duly received by said Council; and
WHEREAS, at said public hearing opportunity was given for
filing objections and protests and for presentation of testimony of
other evidence concerning same; and
the
WHEREAS, it is in the public intethees repat this body ort presented at the the
charges and determine and confirm
p
hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Atascadero, as follows:
Section 1. That the recitals set forth hereinabove are true,
correct and valid.
Section 2 . That Council hereby adopts the service charges set
forth on the attached report marked "Exhibit All which is hereby
expressly incorporated herein by reference ad though here fully set
forth; and Council hereby determines and confirms the report
containing such charges as set forth in said "Exhibit All and hereby
further determines and confirms that each and every servicein factcowede
set forth in said report is true and accurate and is
CO
Section 3 . That the charges as so confirmed and determined
the tax bill of each
and adopted shall appear as separate items on
parcel listed in said report, and such charges shall be collected
at the same time and in the same manner as ordinary County ad
bject to the
valorem mrocedurelandessaleninacaseuthe delinquencymipenalties
in the same
is provided
e pp
for such taxes.
Section 4 . The City Clerk shall file a certified copy of this
resolution and said Exhibit A with the County Auditor upon its
adoption.
Section 5 . This resolution is approved by at least a two-
thirds vote of said Council.
On motion by Councilperson and seconded by
Councilperson the foregoing resolution is hereby
adopted in its entirety by the following vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
II
REPORT TO CITY COUNCIL Meeting Date: 6-27-95
is CITY OF ATASCADERO Agenda Item: B-2
Through: Andrew J. Takata, City Manager
Via: Brady Cherry, Director of Community Services
From: Valerie Humphrey, Engineering Divisions
L,
SUBJECT:
Addition of delinquent Annexation Fees to the 1995-96 property
tax rolls.
RECOMMENDATION•
It is recommended the Council adopt attached Resolution No.
42-95 at the completion of the public hearing.
BACKGROUND:
During formation procedures for Sewer Assessment District No.
4 (Seperado-Cayucos) Council agreed to defer the payment of the
Annexation Fee for a period of three years. At the conclusion of
that time a billing was sent to the property owners stating that
the fee was now due.
Of the original 307 properties in District 4 , 172 paid in
full at that time. Staff received a large number of requests from
the remaining property owners to be allowed to pay off the fee over
time.
In March of 1994 a letter was sent to all property owners with
unpaid fees outlining a payment schedule which would allow for
payments over a 12 month period at l0% interest. It was also
explained that all fees that remained unpaid at the conclusion of
the 12 months would be placed on the 95-96 property taxes.
Since that time 40 property owners have paid the fee in full
and another 17 property owners have paid part of the assessment.
FISCAL IMPACT•
Uncollected Annexation Fees represent $75, 885 .78 which will be
credited to the Wastewater Fund.
0
RESOLUTION NO. 42-95
RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO PLACING DELINQUENT SEWER ANNEXATION FEES
ON THE 1995-96 PROPERTY TAX ROLLS
WHEREAS, the City of Atascadero was required by the State
Regional Water Quality Control Board to provide public sewer
service to certain areas of Atascadero designated as Cease and
Desist Areas; and
WHEREAS, Assessment District No. 4 (Seperado-Cayucos) was
formed to provide sewer service to one of these Cease and Desist
Areas; and
WHEREAS, City Council agreed not to require payment of the
Annexation Fee at the time of connection but to defer payment for
a period of three years; and
WHEREAS, at the conclusion of the payment period residents
requested and the City agreed to a time extension to allow for
acceptance of monthly payments against the Annexation Fee; and
WHEREAS, the period allowed for payment of this fee has now
expired and all unpaid fees are now delinquent.
NOW, THEREFORE, BE IT RESOLVED that City Council direct staff
to cause all unpaid Annexation Fees to be added to the 1995-96
property tax rolls.
On motion of Councilman and seconded by
Councilman , the foregoing Resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
DELINQUENT ANNEXATION FEES
ASSESSMENT DISTRICT #4
028 051 030 $ 597 . 82
028 062 006 672 . 52
028 062 026 496 .74
028 141 029 84. 52
028 151 017 610. 30
028 151 052 523 . 10
028 152 008 694 . 76
028 152 009 47 . 32
028 152 016 120. 84
028 152 029 747 . 28
028 161 022 829. 10
029 023 011 600. 82
029 024 014 74 . 70
029 211 015 597 . 56
029 211 018 363 . 62
029 211 019 822 . 00
029 222 009 747 . 28
028 051 031 896. 74
028 051 045 896. 74
028 051 050 896.74
028 052 038 896 . 74
028 061 016 896. 74
028 061 023 896 . 74
028 061 036 896. 74
028 061 037 896 . 74
028 061 043 896. 74
028 061 044 896. 74
028 062 025 896. 74
028 062 028 896. 74
028 062 033 896. 74
028 062 038 896. 74
028 062 039 896. 74
028 141 009 896. 74
028 141 010 896. 74
028 141 020 896.74
028 141 033 896. 74
028 151 006 896. 74
028 151 012 896. 74
028 151 013 896. 74
028 151 027 896 . 74
028 151 031 896. 74
028 151 034 896. 74
028 151 042 896 . 74
028 151 048 896. 74
028 151 050 896. 74
028 151 053 896 . 74
028 151 056 896. 74
028 151 057 896 . 74
028 151 060 896. 74
028 152 010 896. 74
028 152 015 896.74
028 152 019 896. 74
028 152 043 896. 74
028 152 044 896. 74
028 152 045 896. 74
028 152 046 896.74
028 152 066 896 . 74
028 152 070 896. 74
028 152 073 896. 74
028 161 003 896. 74
028 161 014 896. 74
028 161 015 896. 74
028 161 027 896. 74
029 012 011 896. 74
029 012 015 896. 74
029 012 020 896. 74
029 022 003 896.74
029 022 004 896. 74
029 022 006 896. 74
029 022 023 896. 74
029 022 027 896. 74
029 023 010 896. 74
029 024 019 896. 74
029 211 001 896. 74
029 211 004 896. 74
029 211 016 896. 74
029 211 020 896 . 74
029 212 012 896 . 74
029 212 024 896. 74
S029 221 006 896 .74,
029 221 010 896.74
029 221 011 896 .74
029 222 011 896. 74
029 222 014 896.74
029 222 015 896.74
029 222 019 896. 74'
029 222 025 896. 74
029 223 003 896.74
029 223 004 896. 74
029 223 008 896.74
029 223 009 896.74
029 272 023 896. 74'
0,00 ,;a
Agenda Item: C-1 REPORT TO CITY COUNCIL
CITY OF ATASCADERO Meeting Date : 6/27/95
Through: Andrew J. Takata, City Manager
From: OSteve Sylvester, City Engineer
SUBJECT:
Amapoa/Tecorida Master Drainage Study - prioritization of
candidate projects, evaluation of alternatives discussed at the
May 18, 1995 community meeting and interim measures to reduce
flooding potential within the drainage basin.
RECOMMENDATIONS:
Staff is recommending approval of the following items :
1 . Prioritize the capital projects identified in the
Amapoa/Tecorida Master Drainage Study per Attachment A.
2 . Direct staff to evaluate the various alternatives discussed
at the May 18, 1995 Community Meeting and address the
alternatives in the final draft of the Amapoa/Tecorida
Master Drainage Study.
3 . Direct Staff to implement interim measures to help reduce
the flooding potential in the Amapoa/Tecorida basin prior to
the onset of the 95/96 winter rains .
4 . Direct staff to utilize work crews from the California Men' s
Colony, the California Youth Authority and the 'California
Conservation Corps to the extent available for a one-time
cleaning of the existing drainage channels shown on
Attachment B.
S. Direct staff to begin the environmental determinations
required under the California Environmental Quality Act to
implement the recommendations of the Amapoa/Tecorida Master
Drainage Study.
DISCUSSION:
After public hearings on the draft Amapoa/Tecorida Master
Drainage Study held during the April 25, 1995 City Council
meeting, staff was directed to hold a work-shop type meeting with
the residents which would be affected by the projects proposed in
the draft Study. The community meeting was held at the
Atascadero Recreation Center on May 18, 1995 . Approximately
thirty five persons attended the meeting. is
The following highlights the major issues reviewed and/or
discussed at the meeting.
Consensus Reached at the Community Meeting
1 . The Amapoa/Tecorida drainage area is the City' s No. 1
historic drainage problem. It was recognized that the
single largest source of flooding in the basin are flows
•from the Atascadero Lake spillway channel . In order to
achieve a comprehensive solution to the flooding problems,
flows must be prevented from entering the basin from the
spillway channel .
2 . Notwithstanding the possible lack of funding for the whowork
le
project as outlined in the draft Master Drainage Study,
should begin before the next rainy season. Interim- measures
should be taken to help reduce the flooding pe
ntial n the
basin.
3 . A 25-year design storm was considered
b o strike
fits a reasonable
balance between project costs versus
d.
4 . Silt and debris in Atascadero Creek
should
from e r ersved in backing-
up order
to reduce the flooding potential
up into the lake spillway channel .
Priority of Capital Projects
Although the Master Drainage Study identifies that flows from the
Atascadero Lake spillway channel are the single largest source of
flood waters during larger storm events, construction of a storm
drain paralleling Highway 41 would provide a more immediate
reduction in flooding potential within the basin especially
during `normal" winter rains . The proposed routing �fthis storm
It
drain is identified in the Master Drainage study. It wouldena and
divert water away from the flood prone areas along
Atascadero Avenues . It must be acknowledged that in order to
achieve the desired level of protection (i .e . system capacity for
a 25-year storm event)
and
oentekeep
ingfacility
basinsizes
from thellakem,
flows must be prevented from
'spillway channel .
Alternatives to Evaluate
1 . Further evaluate the use of Atascadero Lake as a flood
control facility.
• a. Consider modifying the lake spillway to allow the lake
to drain faster after a storm.
b. Consider modifying the lake spillway to expand its
detention capacity (i .e . raise the level of the lake)
during storms .
Atascadero Lake was identified as a potential flood control
facility in the Master Drainage Study. Modifying the lake
spillway may reduce the size of drainage structures required
to contain flows from the lake. However, modifications to
the spillway would not reduce flows into the Amapoa/Tecorida
basin which result from high flood levels in Atascadero
Creek.
3 . Explore the funding sources which are available if alternate
means are utilized to control storm water run-off.
Typically these solutions, which are identified in the
Master Drainage Study, would help recharge ground water and
reduce pollutants through retention/detention systems and
the creation of wetlands . Further evaluate the areas of
vacant land identified in the Master Drainage Study which
could be used to accept excess storm water flows or act as
detention areas .
Interim Measures
Interim measures which can implemented in the Amapoa/Tecorida
drainage basin to help reduce flooding potential prior to the
onset of the 95/96 winter rains include the following:
1 . Upgrade the existing culverts under Atascadero Avenue which
are identified in the Master Drainage Study.
2 . Upgrade the existing culvert under the driveway along Morro
Road immediately below the existing diversion structure.
3 . Remove obstructions from the existing concrete drainage
channel which parallels Amapoa Avenue (fences, form work,
etc. ) .
4 . Perform a one-time cleaning of the drainage channels using
crews from the California Men' s Colony, the California Youth
Authority or the California Conservation Corps to the extent
available.
The nuisance abatement process may be required to remove some
obstructions should the affected property owner (s) be
uncooperative .
Note that many of the existing drainage channels are on private
property which will require the City to obtain the consent of the
property owner. Authorization from the California Department of
Fish and Game will also be required.
ENVIRONMENTAL DETERMINATION:
Adoption of a master drainage plan for the Amapoa/Tecorida
drainage basin is subject to environmental review under the
California Environmental Quality Act (CEQA) . Specific
environmental information can be included in the final draft of
the plan to make it act as the functional equivalent of an
environmental impact report.
FISCAL IMPACT:
Implementation of the interim measures recommended are
anticipated to cost approximately $35, 000. Funds for these
interim measures are available in the Amapoa/Tecorida Drainage
impact fund.
ATTACHMENTS:
Attachment A - Priority of capital drainage improvements
within the Amapoa/Tecorida drainage basin
Attachment B - Existing channels to be cleaned and location
of culverts to be upgraded
Attachment C - Memorandum from Mike McCain, Fire Chief
regarding costs and availability of various
work crews for channel cleaning.
93104.R03
Attachment A
Amapoa/Tecorida Drainage
June 27, 1995
PRIORITY OF CAPITAL PROJECTS IDENTIFIED IN THE AMAPOA/TECORIDA
MASTER DRAINAGE STUDY
1 . Highway 41 Storm Drain, Phase 1
Construct a storm drain from the existing overflow
channel at Highway 101 to approximately 1200' north of
Curbaril Avenue.
2 . Highway 41 Storm Drain , Phase 2
Continue the storm drain constructed in Phase 1 to
Curbaril Avenue. Construct storm drain laterals to
intercept flows at the intersection of Marchant and San
Francisco Avenues and along Azucena Avenue .
3 . Atascadero Lake Spillway Channel Improvements
Construct a culvert system from the Atascadero Lake
spillway along the spillway channel under Highway 41
out—letting into Atascadero Creek.
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Attachment C
Amapoa/Tecorida Drainage
MEMORANDUM June 27, 1995
DATE: June 15, 1995
TO: John Neil, North Coast Engineering
THRU: Andy Takata, City Manager
FROM: Mike McCain, Fire Chief
RE: AMAPOA-TECORIDA DRAINAGE/WEED ABATEMENT
John:
Thank you for your telephone call this morning requesting information
regarding the Amapoa-Tecorida Drainage area and how crews can be utilized
to assist in this project. '
I would first like to identify the current weed abatement/fuel management
programs that presently exist and the Administrative Officers involved with
these projects.
• 1. Our City-Wide Weed Abatement Program - Captain Fred 'Motlo.
(All costs associated with this program are paid through'the City's
Weed Abatement Program.)
2. Fuel Management/Hazard Reduction (high hazard areas)- Battalion
Chief Mark Latham. (All costs associated with this program are paid
through the City's Weed Abatement Program.)
. 3. Atascadero Creek Project - Battalion Chief Latham, Captain Motlo, and
Brian Sword (All costs associated with this program are paid through
the City's Weed Abatement Program.)
4. City-Owned Property Abatement (Includes creekside reserve)- Captain
Motlo and Bill White (All costs associated with this program are paid
through the City's Weed Abatement Program.)
5. Highway 41 Abatement - Captain Motlo (All costs associated with this
program are paid through the City's Weed Abatement Program.)
6: Amapoa-Tecorida Drainage Project - John Neil (North Coast
Engineering), Brady Cherry, Brian Sword, and Captain Motlo
(All costs associated with this program will be paid through the
Amapoa-Tecorida Assessment District fees)
1
There are a number of different resources that are utilized for these
programs. The following is a breakdown of those resources and costs:
Four Private Industry Council (PIC) students (through the Fire
Department):
Cost: None
Availability: 8 hours/day
Four Seasonal Firefighters:
Cost: Virtually no charge to weed abatement program as the
Availability: Seasonals work for fire department during the fire season
California Youth Authority/California Department of Forestry
(CYA/CDF) Hand Crews:
Cost: Free with exception of tools needed
Availability: 5-6 hours/day - but are on call for fires so availability is '
also limited
California Mens Colony (CMC):
Cost: $150/day
Availability: 4 hours/day - one day a week
i
California Conservation Corps (CCC):
Cost: $10 per crew member or free with exception of tools needed
(size of crew varies)
Availability: limited - (on a first come-first served basis)
The City has contracted with Jack Bridwell for abatement of non-compliant
private property lots.
Cost for City-contracted weed abatement contractor (Jack Bridwell):
i
(large parcel mowing) $25.00/hr $15.00/ 1/2 hr
(hand work) $14.00/hr $10.00/ 1/2 hr
(hauling) $10.00/hr $ 8.00/ 1/2 hr
It should be noted that larger crews will be needed in the Amapoa-Tecorida
Drainage area.
At the present time, crews are being utilized in the following areas:
1. City-Wide Weed Abatement Program•
Private contractor
2
2. Fuel-Management I Hazard Reduction Program:
CYA/CDF
3. Atascadero Creek Protect:
CYA/CDF
4. City-owned Property (including creek reserve):
Seasonal Firefighters/PIC students
5. Highway 41 Abatement:
Seasonal Firefighters/PIC students/CDF crews
6. Amapoa-Tecorida Drainage Pro-ject:
To be determined
SUMMARY:
Today I met with Mark Leach, coordinator for the California Conservation
Corps (CCC), and viewed areas of the Amapoa-Tecorida Drainage Project. that
are targeted for clean-up.
Mr. Leach indicated that CCC would be available for this project from start to
finish at no cost, but with the exception of tools needed. The project is
estimated to take a minimum of two weeks, cleaning approximately 1,700 feet
from Atascadero Avenue to Marchant Avenue 15 feet wide.
RECOMMENDATION:
My recommendation is to utilize the CCC for the Amapoa-Tecorida project.
Additionally, Street and Seasonal Firefighters can be used when needed. The
estimated cost for tools, toilet rental, etc. should not exceed $2,500.
If we decide to use CCC crews, they are requesting immediate notification
and would like to start as soon as possible.
Although the Fire Chief has been directly responsible for all Weed
Abatement/Fuel Management projects, this program (as with others) must
have a clearly identified coordinator.
1recommend that Captain Motlo and Brian Sword share that responsibility,
overseen by Brady Cherry or myself. I further recommend that the necessary
steps be taken to clean the areas of the drainage that are not identified in
this memo.
3
M E M O R A N D U M
TO: Amapoa/Tecorida Drainage Study File
FROM: Henry Engen, Community Development Director .{
SUBJECT: Community Information Meeting - May 18, 1995
DATE: June 1, 1995
BACKGROUND•
The meeting was a follow-up to the City Council' s April 25, 1995
meeting, calling for an advertised and individually noticed
workshop-type meeting with residents that would be affected by
North Coast Engineering' s Amapoa/Tecorida Drainage Study. This
meeting was held at the Atascadero Recreation Center with approx-
imately 35 persons attending. John Neil reviewed the report and
responded to questions. Participants were advised that this
matter would likely be brought back to the City Council for their
June 27, 1995 meeting.
The following highlight the major issues reviewed at the meeting.
CONSENSUS
1 . The Amapoa/Tecorida drainage area is the City' s No. 1
historic drainage problem. The first priority in the basin
is to not allow the waters above Atascadero Lake to spill
into the lower lying areas between Highways 101 and 41 and
the lake dam.
2 . Silt and debris in Atascadero Creek needs to be cleaned out.
3 . Notwithstanding possible lack of funding for the whole
project, work should begin before the next rainy season.
4 . A 25-year storm design standard is reasonable.
IDEAS TO EXPLORE
1. Evaluate the alternative of providing two (2 ) more culverts
across Morro Road to supplement the lake spillway drainage.
2 . Consider a slot/weir to drain the lake faster.
3 . Consider expanding the holding capacity of the lake.
4 . Consider purchasing low-lying vacant properties .
5 . Increase the capacity of culverts under Atascadero Avenue
(together with other system-wide culvert improvements) .
6 . Amapoa/Tecorida fees - use or lose under AB 1600 .
FINANCIAL/IMPLEMENTATION OPTIONS
1 . ordinance requiring clearing of private channels; there was
some concern over property owner liability (for environ-
mental damage) .
2 . Use of CDF work crew programs, including CMC and/or Youth
Authority to clear Atascadero Creek.
3 . Utilize resources of the Upper Salinas Resource Conserva-
tion District for funding opportunities (Gidi Pullen has
requested the opportunity to make a presentation at the
City' s Council meeting) .
4 . There was little support for establishing an overall
assessment district to fund the necessary improvements .
Priority was given to using the Amapoa/Tecorida fees and
pursuing assistance from Caltrans, FEMA, and the Upper
Salinas RCD.
HE:ph
cc: Andrew Takata, City Manager
John Neil, Assistant City Engineer
MEMORANDUM TO CITY COUNCIL AGENDA ITEM: C-2
DATE: 06-27-95
FROM: Brady Cherry, DirectorO/-i
Department of Community Services
THROUGH: Andy Takata, City Manager
SUBJECT: PRELIMINARY REPORT ON SEISMIC STABILITY AND ACCESSIBILITY
REQUIREMENTS FOR THE YOUTH RECREATION CENTER/PRINTERY
BUILDING BY PROJECT ARCHITECTS, F. L. HENDERSON AND
ASSOCIATES.
RECOMMENDATION:
It is recommended that the City Council receive and file the reports and provide direction as may
be necessary.
BACKGROUND:
The City of Atascadero and the Atascadero Recreation Center Committee (ARCC) retained the
services of F. L. Henderson and Associates in April, 1995, to prepare a report and provide
working drawings for the seismic retrofit and compliance with the regulations of the Americans
with Disabilities Act (A.D.A.) for the historic Printery/Youth Center building.
The Project Architect, Frank Henderson, has completed the preliminary structural analysis of
the building and has prepared a report regarding seismic safety, accessibility requirements and
hazardous materials inspection results.
City Staff has requested that Mr. Henderson present a summary of his findings at this stage of
the project to the City Council. His report shall include the following information:
* accessibility requirements
* structural analysis
* energy and mechanical systems analysis
* hazardous materials findings
* preliminary cost estimates for corrective and rehabilitative work
(to be provided at meeting)
This is an opportunity for the City Council to ask questions about any of the subjects above or
provide direction regarding the project at this time.
CITYCOUNISCISMIC.MIiM
ATASCADERO RECREATION CENTER
PRELIMINARY REPORT ON SEISMIC
STABILITY & ACCESSIBILITY
REQUIREMENTS
635101meda Avenue
Atascadero,California
***BECAUSE OF THE SIZE OF THIS DOCUMENT, IT IS NOT
BEING INCLUDED IN THE AGENDA PACKET. A COPY IS
ON FILE WITH THE CITY CLERK, THE COMMUNITY SERVICES
DEPARTMENT AND IN THE PUBLIC LIBRARY***
or"";
ATASCADERO RECREATION CENTER
PRELIMINARY REPORT ON SEISMIC
STABILITY & ACCESSIBILITY
REQUIREMENTS
6351 Olmeda Avenue
• Atascadero,California
ATASCADERO RECREATION CENTER
PRELIMINARY REPORT ON SEISMIC
STABILITY & ACCESSIBILITY REQUIREMENTS
6351 Olmeda street
Atascadero,California
Submittal and
Analysis conducted •
by
F.L. Henderson & Associates, Inc.
5275 El Camino Real,
Atascadero,CA 93422
805.466.1879
JUNE 16, 1995
•
PHILOSOPHY OF ANALYSIS
This investigation was undertaken with the
purpose of identifying the pertinent issues without bias to
final use or outcome. The focus is on specific deficiencies
and the actions required for correction.
•
i
•
ACKNOWLEDGMENTS
CONSULTANTS
STRUCTURAL ENGINEER
Donna Louise Otto
Civil-Structural Engineer
396 South Ocean Avenue
Cayucos,CA 93430
805.995.3128
COMPRESSIVE STRENGTH TEST OF CONCRETE, POURED IN PLACE
CONCRETE REINFORCEMENT TESTING(R METER SURVEY) &
IN-PLACE BRICK SHEAR TEST
Brad Huggins,Senior Inspector
Earth Systems Consultants
4378 Santa Fe Road •
San Luis Obispo,CA 93401
805.544.3276
ASBESTOS INSPECTION
Michael McGuire,CSP
West Coast Safety Consultants
1777 Vicente Drive
San Luis Obispo,CA 93405
805.543.0451
HISTORICAL PERSPECTIVE
Marj Mackie
Atascadero Historical Museum Society
Atascadero,CA
Mazie Adams(Former"Printery"employee)
Atascadero Historical Museum Society
Atascadero,CA
ii
•
TABLE OF CONTENTS
Philosophy of Analysis i
Acknowledgments
Table of Contents
RETROFIT ANALYSIS
Introduction 1
History 2
ACCESSIBILITY REQUIREMENTS
Summary 8
STRUCTURAL ANALYSIS
Summary 10
ENERGY AND MECHANICAL SYSTEMS ANALYSIS
Summary 11
HAZARDOUS MATERIALS
Summary 12
PRELIMINARY COST ESTIMATE
Summary 13
REFERENCES 14
• APPENDIX 15
Project Drawings
Consultant Summaries
STRUCTURAL ENGINEER
Jonna Louise Otto
EARTH SYSTEMS CONSULTANTS
Brad Huggins
WEST COAST SAFETY CONSULTANTS
Michael McGuire
•
•
ATASCADERO
RECREATION CENTER
RETROFIT ANALYSIS
INTRODUCTION
This building analysis focuses on the primary
issues of life safety, accessibility standards, exiting
components and structural safety for continued use of
the building. Identification and abatement of
hazardous materials found such as asbestos containing
building material is included in this analysis. (see
report in appendix)
Main topics for consideration have been •
developed as follows:
1. Accessibility requirements
2. Structural, load bearing and seismic
3. Energy and mechanical system
4. Materials testing
5. Asbestos materials
Each area of investigation has been
individually analyzed per the following:
• Listing of the existing condition
• The implications of the uniform code for
building conservation (UCBC)
• California Accessibility Reference Manual
• Recommendation of work or action to
correct deficiencies
• Cost projection for remedial work described
1
•
HISTORICAL
BACKGROUND
Atascadero's founder Edward G. Lewis came to
Atascadero in 1913, and he purchased 23,000 acres from
J.H. Henry. He needed a printing press to help
publicize his venture. Thus, the Printery was born in
1915. The Printery was the first major building
constructed in Atascadero's Civic Center and to be put
to use. The city administration building was not
completed until 1918. The architectural work was
prepared by San Francisco architect William Bliss for
both the "Printery" and the "City Administration"
buildings.
The Printery is located at the corner of East
Mall and Olmeda across the street from the elementary
schools and next to the National Guard Armory.
The south wing now known as the
photography studio housed the composing-inter type
room with three hand feed presses. The
• kitchen/dining room housed three mammoth presses
and the pool room was the news printing room. The
foyer was finished with marble floors and its interior
walls were decorated with ornamental marble and
Ralph Holmes murals. The second floor was occupied
with offices: news writers, cloak rooms, a
stenographers room, and Mr. Lewis's office.
Construction of the original building was 17"
brick with brick veneer exterior walls at the lower level
floor and 14" brick walls with brick veneer at the
second floor. Also with slab floors and wood interior
stud walls.
In 1928 there was a major remodel. The
gymnasium was constructed and the news printing
room was converted to house a large swimming pool.
Also, some of the offices upstairs were converted into
dormitories.
The building has remained in this
configuration from then to present. In the late 20's the
Moran school for boys took possession of the property,
from this point on, the building has been in use by
various groups and organizations for meetings, classes,
• and public service.
2
•
The building in its present and past use is
predominantly that of assembly areas designated as (a
gymnasium with a stage, a large size swimming pool, a
kitchen, a photography studio, large and small'rooms
upstairs, and , etc.). There are five main areas; four on
the first floor and one on the second floor (where the
Temple Association meets).
DATES IN HISTORY
1950-1916
The Printery was occupied. Starting a
hurricane of publications around the United States
which caused the Atascadero post office to be the first
in San Luis Obispo county to be first class. The
illustrated review, a picture-news magazine from
rotogravure presses, and the Atascadero News, a paper
for local news both originated in 1916. This building
with its 125 employees soon became very successful
with the illustrated review, with circulation between
10,000 copies per month in their first years up to 1 •
million per month in later years.
1917
Construction of the Printery extension;
Additions are being made to house large presses and
the bindery. The bindery existed at the north wing
behind what is now the swimming pool space. Also a
paper shed and ink house existed behind the
gymnasium. These buildings had direct access to the
railroad.
1922
The 'Printery" success continued until the
format was changed to a newspaper still in the
rotogravured format and called "The California
Illustrated Review" and again changed to "The
Atascadero Illustrated Review". The Atascadero News
has remained the same except it is now published
twice a week.
•
3
•
1924
Rotogravure presses installed, largest of their
kind west of the Mississippi.
1924-1928
After the Lewis holding went into
receivership, the Printery was operated as Western
Publishers. During this time the presses were moved
to Oakland when E.G. Lewis left.
1928-1950
The Printery and the City Administration
Building became the Moran school for boys. An
exclusive Junior College based in Seattle for several
years. The Printery became:
•A Dormitory
class rooms
•A gymnasium was constructed
•One of the large spaces was converted to house a large
swimming pool
• •One of the other large spaces was converted into a
kitchen
1930's
The Printery became the Miramonte school
1937
Young baseball legend Jackie Robinson lived
in Atascadero and worked as a counselor at the
Miramonte School. Colonial Benjamin Aldrich,
Amerivet school, a prep school and junior college
would be the last owner to occupy the Printery before
the Temple Association.
1950
The Temple Association was formed in
February 1950 where the local Masonic Lodge met
upstairs. In May of 1950 the Temple Association was to
serve as a "holding corp." for the purchase of the
building and property from the Aldrich family for the
sum of $ 25,000. At the time of purchase the only use
of the building was a navy reserve unit.
•
4
•
Recently, mayor pro tem George Highland
thanked the Masonic lodge and the Order of Eastern
Star for their donation of the property. Mary Aman,
president of the Masonic Temple Association handed a
key over to K.I.D.S. unlimited, a program of the city's
community services division. Thus, the proposed
Atascadero Recreation Center project was initiated. A
community center has been an important need in this
city for over 30 years.
•
5
•
REFERENCES
Atascadero Queen of the King's Highway. Recalling
Atascadero California . Volume I
Recreation Center. Atascadero News. August 10, 1994.
Illustrated Review. September 20, 1916
Atascadero News. January 22, 1916
•
•
6
•
ACKNOWLEDGMENTS
Atascadero Historical Museum Society
Marj Mackie
Atascadero Historical Museum Society
Mazie Adams
(Former 'Printery" employee 1919-1924)
•
•
7
•
ACCESSIBILITY
REQUIREMENTS
When existing (and historical) publicly funded
buildings have additions, renovations or alterations,
removal of architectural barriers is mandated. By code
analysis, seismic retrofit, electrical and mechanical
work are not considered alterations or renovations
that trigger the requirement for accessibility
compliance. However, with the addition of any new
development to the existing building, such as the
development of a teen center, the threshold to require
compliance will be reached, and accessibility of the
building should be included in this project.
Recommendations
All ground floor entrances are to be accessible
by means of a ramp where necessary. Path of travel to
the second floor is to be by an elevator.
Sanitary facilities for each sex are to be
• accessible for each building level. The three existing
rest room pairs will need to be rebuilt with complying
features. Space and floor level constraints will
challenge the final design.
Drinking fountain and telephone (if installed)
will be accessible.
Also, all entry doors and related hardware,
opening force, thresholds etc. are subject to retrofit.
•
8
•
EXITING
The Uniform Code for Building Conservation
(UCBC, 1991 ed.) provides latitude for analysis of
existing and historical buildings. In the spirit of
continuing an existing use, the building codes
recognize the constraints of applying current code
analysis to existing exiting patterns. The expressed goal
is to preserve the 'fabric' of the historic structure
without compromising existing exiting.
All areas of the building currently have exiting
paths and these can be maintained. These paths will be
maintained as well as the additional protection
provided by a fire sprinkler system. The second floor is
required to have two exits and has the stair to the
entrance lobby and the metal stair at the north end of
the building as these two exits.
Recommendation
The metal stair should be considered for
replacement due to its weathered, rusted condition. •
The gymnasium, as an assembly area, should have a
second exit added to have direct access to the exterior.
•
9
•
STRUCTURAL
ANALYSIS
The building has been 'mapped' to verify the
physical building, original construction techniques and
the quality of the structural materials. A strategy for
structural strengthening for seismic loads is based on
the physical building loads and the strength of the
materials in place.
The result of the investigation is that the
building is an unreinforced masonry building with cast
concrete floors and that the materials are of relatively
good quality suitable for conventional techniques of
retrofit.
Wall, floor and foundation materials were
tested for structural capabilities and the testing report is
also in the appendix. The test results show that the
materials are within the allowable limits specified by
the UCBC.
The main area of structural concern are the
• unreinforced masonry walls and the lack of connection
of the second floor and the roof to supporting walls. A
comprehensive outline of work from the structural
engineer is in the appendix of this report. Final
construction plans and details are being prepared based
on these investigations.
•
10
•
ENERGY AND
MECHANICAL SYSTEM
The building has no insulation on the walls or
floor except the inherent insulating qualities of thick
masonry and concrete slabs. The attic space at the
second floor is not insulated and has adequate space for
insulation and future mechanical systems.
The building has various heating installations
for separate spaces. The second floor has a forced air
furnace in the attic for the meeting hall, but no system
for the dorm room end. Downstairs, the dining room
and the gymnasium have individual gas fired space
heaters and the pool room has no heating. The photo
studio area is serviced by a ground mounted
heating/air conditioning unit.
The electrical systems for the building is a
patchwork of archaic and newer components. Parts of
the building have no electrical service and the
remaining systems are dangerous.
Recommendation •
The electrical main service to the building
should be replaced with new feeders to existing
serviceable sub panels and to new subpanels and
mechanical equipment.
Each use area should be evaluated for basic
heating/air conditioning and ventilation requirements
and new systems installed.
11
•
HAZARDOUS
MATERIALS
In the appendix is the complete report by West
Coast Safety Consultants regarding asbestos containing
building materials. The report is comprehensive and
describes type, location and recommendations for
removal.
The main area of 'friable' materials is in the
basement with the boiler and all insulated piping
around the building perimeter in the under floor pipe
chase.
The 9x9 floor tiles throughout the building are
assumed to be asbestos containing and were not tested.
Other areas with the material are roofing
materials and some vent pipes.
Removal of the material, where necessary by
construction activities, will need to be carried out by an
asbestos abatement contractor.
•
•
12
•
PRELIMINARY
BUDGETING
Following is a construction cost estimate based
on recommendations listed above and the information
available at this time. This cost estimate is
conservative by nature and can be qualified by
estimating/bidding of actual working drawings and
specification.
Total $
•
•
13
REFERENCES
International Conference of Building Officials.
Uniform Building Code UBC). May 1, 1991. '
International Conference of Building Officials.
Uniform Code of Building Conservation (UCBC) 1991.
Access Compliance Office of Regulation Services.
California Accessibility Reference Manual.
Sacramento, California: Division of the State
Architect. May , 1994.
•
•
14
APPENDIX
PROJECT DRAWINGS
CONSULTANT SUMMARIES
Civil-Structural Engineer
Jonna Louise Otto
Compressive Strength Test of Concrete , in-place brick
shear tests & "R" Meter Survey
Brad Huggins, Senior Inspector
Asbestos Inspection & Lead-Based Paint Inspection
Michael McGuire, CSP
•
15
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• L------------------I
DONNA LOUISE OTTO
Civil-Structural Rngineer
396 South ocean Avenue
Cayucos, CA 93430
(805) 995-328
June 14, 1996
Atascadero Recreation Center
Formerly; Women's National Publishing Co. 1914
Seismic Retrofit
Basic Outline of Structural work Requried
Work based on requirements of 1991 ed. of UBC and UCBC
MAIN AREA
Upper Roof
Attach trusses to exterior walls at 6' o/c max.
Reinforce heels of all "carpenter trusses".
Reinforce diagonal compression webs of above trusses.
Attach endwall, rafters to exterior wall at 6' o/c max.
Develop a roof sub-diaphragm to support the endwall. •
Add plywood over the existing roof straight sheathing to increase
roof diaphragm capacity.
Extend 2 interior cross walls to roof at lines E & G and increase
shear capacity of said wails.
Second Floor
Attach masonry walls to floor slab at 610/c max.
Develop interior shear walls at lines E & G.
Vertically brace all masonry walls by adding stiffening elements
placed each side of windows and doorways or approx. S' o/c.
First Floor
Attach exterior walls to floor slab at 6* o/c max.
Reinforce existing shear walls at linea B, F, G, & J.
Basement shear wail F must be reinforced.
Vertically brace all masonry walls by adding stiffening elements
placed each side of windows and doorways or approx. 8* o/c.
GYMNASIUM & PRESS Room
Attach exterior walls to roof at 6f o/c max.
Add plywood over existing roof straight sheathing to increase
roof diaphragm capacity.
Laterally Support interior masonry wall at line D and develop •
shear capacity of the existing "pony wall" at this line.
Develop a roof sub-diaphragm to support line D masonry wall, .
June 14, 1995
• Atascadero Recreation Center
page 2
vertically brace all masonry walls by adding stiffening elements
Placed each side of windows and doorways or approx. 81 o/c.
Provide a shear transfer at gymnasium line 3 from roof- to steel
beam to masonry wall at press room.
GENERAL
Attach the exterior tan veneer brick within the grout joint at
2411 O/c.
Develop lateral ties between all portions of the structure so as
to resist forces as a unit.
Replace deteriorating unreinforced entry columns.
The most important thing to do for a seismic upgrade is get the
walls tied to the floor and/or roof diaphragm, plus reinforce
said diaphragms as required to resist the lateral loads.
At this time, non-ductile concrete is not required to be upgraded
under the 1991 UCBC. This will need to be addressed in the
future.
If you have any questions or require additional information,
please call me at my office.
• in erely,
Jo na Louise Otto, F.E.
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Earth Systems Consultants •
Northern California 4378 Santa Fe Road
San Luis Obispo, CA 93401
(805)544-3276
FAX(805)544-1786
May 26, 1995 FILE NO.: NGT09670-01
Mr. Doug Kuentzel
F. L. Henderson and Associates, Inc.
5275 El Camino Real
Atascadero,CA 93422
PROJECT: ATASCADERO RECREATION CENTER
6351 OLMEDA AVENUE
ATASCADERO,CALIFORNIA
SUBJECT: Results of On-Site and Laboratory Testing
Dear Mr. Kuentzal:
On May 16, 18 and 19, 1995, a representative of this firm performed in-place brick shear tests at the
site in accordance with Uniform Building Code Standard 24-7. Also during the site visits, a James'
Instruments DR-meter was utilized to determine the existing reinforcing steel in the concrete at various •
locations. Cores of the first floor concrete foundation stemwall, and the first and second floor
suspended concrete slabs, were secured and tested in the laboratory in accordance with ASTM C 42.
The concrete cores were tested in the as-received moisture condition.
Approximate locations of the brick shear tests and the concrete core tests were designated by the client,
and are shown on the attached site maps. Actual locations were determined by our representatives
depending on the working space available and the proximity to existing improvements. Locations of
DR-meter testing were designated by the client. Results of testing are as follows:
Sheared Surface
Area, sq. in
Elevation, (Includes Both Total Estimated
ft., Below Top and Bottom Load to % Collar
Test No. Location Top of Wall Surfaces) Failure. lbs. Joint Filled
1 1st floor, see site map 1.5 below 63.8 6,500 0
window sill
2 1st floor, see site map 8 62.8 5,300 0
3 1st floor, see site map 23 66.6 9,400 0
4 1st floor, see site map 16 61.9 17,300* 90
5 1st floor, see site map 15 55.3 17,300* 95
6 1st floor, see site map 11 61.6 13,000 90
7 1st floor, see site map 14 59. 1 9,200 100 0
*Test brick resisted the capacity of the load apparatus without any indication of failure.
0 1 OWN F
Mr. Doug Kuentzel 2 May 26, 1995
Sheared Surface
Area,sq. in
Elevation, (Includes Both Total Estimated
ft., Below Top and Bottom Load to % Collar
Test No. Location Top of Wall Surfaces) Failure. lbs. Joint Filled
8 1st floor, see site map 13 62.8 11,300 30
9 1st floor,see site map 23 59.5 10,700 100
10 2nd floor,see site map 9 66.0 5,000 60
11 2nd floor, see site map 8' 66.0 17,000** 100
"Compressional failure of test brick.
Existing Reinforcement
• The northern exterior entrance column was cored where the DR-meter indicated the most likely
position of reinforcing steel. The column was cored to its center. No reinforcement was found.
The column consists of reinforced (ties at 30 inches on center), segmented precast columns filled
with concrete.
• • First floor slab and beams at basement - 1/2-inch square bars visible in slab butattern was not
discernible. p
• First floor interior columns - four 1/2-inch square bars, no ties.
• Second floor interior beams - two 3/4-inch square bars at the bottom, no stirrups, top
reinforcement not detected.
• Second floor slab - wire fabric 1/4-inch diameter at 2 inches on center in direction of span,
1/8-inch diameter at 12 inches on center transverse to span.
Concrete Core Compressive Strength Tests
Corrected
Date Maximum Compressive Correction Compressive
C= Location Tested Diameter. in. _ nR h in, Area, in 2 1112 Load. lbs. Strength. 12 s Factor Strength. psi
A 2nd floor, 5/17/95 3.23 4.52 8.19 1.40 16,200 1,980 0.95 1,880
per site map
B 1st floor, 5/19/95 2.75 4.67 5.94 1.70 12,700 2,140 0.97 2,080
per site map
C Foundation 5/19/95 3.75 7.56 11.04 2.00 17,200 1,560 1.00 1,560
stemwall,
per site map
1/ •
Mr. Doug Kuentzel 3 May 26, 1995
Thank you for this opportunity to have been of service. If you have any questions or require
additional information, please contact the undersigned at your convenience.
Earth Systems Cowulltants Northern California
•- V77
Brad Huggins, Senior Inspector
lb
Attachments: Site Maps(2)
Doe.No.: 9505-265.INS
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WEST COAST
S A F E T Y
CONSULTANTS
May 22, 1995
Henderson Frank L Architect
5275 El Camino Real
Atascadero, CA
Attention: Doug Kuentzel
Subject: Asbestos Building Inspection, Masonic Temple, 6351 Olemeda Avenue,
• Atascadero, California
INTRODUCTION
This report presents the findings of West Coast Safety Consultants inspection for asbestos
containing building materials at the Masonic Temple, 6351 Olemeda Avenue, Atascadero,
California on May 12, 1995. All accessible areas were visibly inspected and samples of
suspect material were obtained and analyzed.
Our survey involved sampling and analyzing suspect materials to test for the presence of
asbestos. A detailed description of the work is outlined below.
1. Inspected all accessible areas of the building for Category I non-friable, Category II
non-friable, and other Regulated Asbestos Containing Materials. Samples were
collected recording:
a. Sample location
b. Sample description
C. Friability
d. Condition of the material
e. Potential for disturbance
•
1
2. Submitted samples to an EPA accredited laboratory which will provide a report •
containing the following:
a. West Coast Safety Consultants sample identification number
b. Laboratory sample identification number
C. Analytical technique
d. Quality control procedures
e. Type and percentage of asbestos in each material
3. Analyzed the samples results and generated this report which includes:
a. Definitions
b. Executive Summary
C. Findings
d. Conclusions and Recommendations
e. Sample Result Summary (Appendix A)
f. Sample Location Diagrams (Appendix B)
g. Lab Report (Appendix C)
h. Inspectors Credentials (Appendix D)
DEFINITIONS
Category I non-friable asbestos containing material (ACM). Asbestos containing packings, •
gaskets, resilient floor coverings, and asphalt roofing products containing more than 1
percent asbestos as determined using the method specified in Appendix A, Subpart F, 40
CFR Part 763, Section 1, Polarized Light Microscopy (PLM).
Category II non-friable ACM. Any non-friable material, excluding Category I non-friable
ACM, containing more than 1% asbestos as determined using PLM.
Friable ACM. Any material containing more than 1% asbestos as determined using PLM
that when dry can be crumbled, pulverized, or reduced to powder by hand pressure.
Regulated Asbestos Containing Material (RACM). Any material containing more than 1%
asbestos which is:
a. Friable or;
b. Category I non-friable ACM that has become friable or;
C. Category I non-friable ACM that will be or has been subjected to sanding,
grinding, cutting, abrading or;
d. Category II ACM that has a high probability of becoming or has become
crumbled, pulverized, or reduced to a powder by the forces expected to act
on the material in the course of demolition.
2
I— %iccnte I)I"1yP I ni,Ohispr (A 9340i Phone 5Oi5 543-04iI
• EXECUTIVE SUMMARY
MATERIALS WHICH CONTAIN ASBESTOS:
Floor Tile (90) was not sampled and therefore will be assumed to contain asbestos.
The material is located in the karate studio, first floor dining room and*adjacent
vestibule, the second floor rest rooms and office.
Boiler Insulation located in the basement contains 30-35% amosite asbestos. In
addition, the stacked block insulation from a previously existing boiler contains 25-
30% chrysotile asbestos.
Pipe Insulation located on the pipes in the basement/crawl space contain 30-60%
chrysotile asbestos. The 12 inch pipe located in the boiler room contains 30-35%
amosite asbestos.
Transite Vent Pipes located on the gym roof were not sampled, and therefore will
be assumed to contain asbestos.
Composite shingles located on the main roof contain a trace (less than 1%) of
chrysotile asbestos. The tar material located with-in the composite shingle contained
1-5% chrysotile asbestos.
• Tar and patching compound located on the gym roof contained 5-10% chrysotile
asbestos.
Sheet Rock Walls / Seam Tape / Joint Compound located in the first floor kitchen
and rest rooms contained a trace (less than 1%) of chrysotile asbestos.
SUSPECT MATERIALS WHICH NO ASBESTOS WAS DETECTED:
Gym Roofing Material (rubber coating) was sampled and no asbestos was detected
in any of the samples.
Tar Paper located on main roof was sampled and no asbestos was detected.
Plaster Walls and Ceilings located throughout this facility were sampled and no
asbestos was detected in any of the samples.
Linoleum located throughout this facility was sampled and no asbestos was detected
in any of the samples.
Drop-in Ceiling Panels (2 X 4) located in the dining room and photo studio were
sampled and no asbestos was detected in any of the samples.
3
t)n%c San l.ii.Oi,i,-,u. CA 1)340i - Phunc;Sfii 543-1)4)i
FINDINGS •
West Coast Safety Consultants collected samples of each suspect asbestos containing
building material (ACBM) encountered at the specific site location with the exception of
the 9 x 9 floor tiles and transite vent pipes which will be assumed to contain asbestos. A
total of 42 samples were submitted to Forensic Analytical Services, Inc., an EPA accredited
laboratory for analytical testing. Preliminary laboratory results are found in appendix C of
this report. The final laboratory report will follow in several weeks. The asbestos samples
were analyzed for the presence of asbestos by Polarized Light Microscopy (PLM) with
dispersion staining in accordance with the EPA Method 600/M4-82-020.
Of the 42 samples that were analyzed for asbestos, 9 were found to contain asbestos.
The location of these samples, their description, and our recommended solution to mitigate
any potential hazards emanating from contact with these materials is as follows:
Sample Number: H-01, H-04
Sample Description: Pipe insulation (2" O.D. and 4" O.D.)
Location of Material: Basement/crawl space
Quantity of Material: Approximately 520 linear feet
Type and % Asbestos: 35-60% Chrysotile •
NESHAP Classification: Regulated asbestos containing material friable
Overall Condition: The majority of the material appears to be significantly
damaged and in poor condition. Damage from water, contact,
and old age is evident. The material is detached from the pipe
in many locations and debris is evident.
Disturbance Potential: High, due to the poor condition of the asbestos containing
material.
Recommended Response: This material should be removed by an asbestos abatement
contractor that is licensed by the State of California prior to
any activity in the basement/crawl space area . The entire
basement/crawl space area should be considered contaminated.
Entry into the basement/crawl space should be restricted to
authorized individuals who are trained, and are wearing the
appropriate personal protective equipment. This material
should not be disturbed prior to its removal by an asbestos
abatement contractor.
4
-- \i�cnm I)II%C S'm It]1,0his1'o,('A -'4Ui Phonc X43 0451
<'' • Sample Number: H-05
Sample Description: Pipe insulation (12" O.D.)
Location of Material: Basement boiler room
Quantity of Material: Approximately 20 linear feet
Type and % Asbestos: 30-35% Amosite
NESHAP Classification: Regulated asbestos containing material - friable
Overall Condition: The majority of the material appears to be significantly
damaged and in poor condition. Damage from water, contact,
and old age is evident. The material is detached from the pipe
in several locations and debris is evident.
Disturbance Potential: High, due to the poor condition of the asbestos containing
material.
Recommended Response: This material should be removed by an asbestos abatement
contractor that is licensed by the State of California prior to
. any activity in the basement/crawl space area . The entire
basement/crawl space area should be considered contaminated.
Entry into the basement/crawl space should be restricted to
authorized individuals who are trained,and are wearing the
appropriate personal protective equipment. This material
should not be disturbed prior to its removal by an asbestos
abatement contractor.
Sample Number: H-02
Sample Description: Boiler insulation (stacked on floor)
Location of Material: Basement
Quantity of Material: 100 square feet
Type and % Asbestos: 25-30% Chrysotile
NESHAP Classification: Regulated Asbestos Containing Material - Friable.
5
Overall Condition: Poor, the material is significantly damaged due to water,
contact, and old age. Debris is evident throughout the area.
Disturbance Potential: High, due to the poor condition and location (on the floor) of
the material.
Recommended Response: This material should be removed by an asbestos abatement
contractor that is licensed by the State of California prior to
any activity in the basement/crawl space area . The entire
basement/crawl space area should be considered contaminated.
Entry into the basement/crawl space should be restricted to
authorized individuals who are trained, and are wearing the
appropriate personal protective equipment. This material
should not be disturbed prior to its removal by an asbestos
abatement contractor.
Sample Number. H-03
Sample Description: Boiler insulation
Location of Material: Basement, boiler room •
Quantity of Material: 100 square feet
Type and % Asbestos: 30-35% Amosite
NESHAP Classification: Regulated Asbestos Containing Material - friable
Overall Condition: Poor, the material is significantly damaged due to water,
contact, and old age. Debris is evident throughout the area.
Disturbance Potential: High, due to the poor condition of the material.
Recommended Response: This material should be removed by an asbestos abatement
contractor that is licensed by the State of California prior to
any activity in the basement/crawl space area . The entire
basement/crawl space area should be considered contaminated.
Entry into the basement/crawl space should be restricted to
authorized individuals who are trained, and are wearing the
appropriate personal protective equipment. This material
should not be disturbed prior to its removal by an asbestos
abatement contractor.
6 is
1___ V'iccntc I)ricc San Luu Ohi<j'u,CA `ii10i - PhonC S05 �4i-04il
• Sample Number. H-16
Sample Description: Drywall
Location of Material: Kitchen and adjacent rest rooms
Quantity of Material: Approximately 2,000 square feet
Type and % Asbestos: Trace, chrysotile
NESHAP Classification: Not regulated, because the material is lessthan 1% asbestos
Overall Condition: The material was observed in good condition.
Disturbance Potential: Slight, due to the condition and type of material.
Recommended Response: This material should be removed prior to any renovation
activities which could disturb it by an asbestos abatement
contractor that is licensed by the State of California. This
material should not be disturbed prior to its removal by an
asbestos abatement contractor.
• Inspectors Note: Due to a positive sample result, sampling protocol dictates that
we must assume all the drywall in this area to contain asbestos.
My experience indicates that the asbestos containing material
is most likely located in the joint compound and not the drywall
itself. Therefore further sampling may be necessary to limit the
asbestos containing material to the joint compound only.
Sample Number: H-31
Sample Description: Composite shingle
Location of Material: Main roof under metal covering
Quantity of Material: Approximately 5,500 square feet
Type and % Asbestos: Trace, chrysotile (1-5% in tar)
NESHAP Classification: Category I non-friable asbestos containing material
Overall Condition: Good
-bixIIIC I)ri,v IUE,i,h",,C:A
Disturbance Potential: Slight, because of the location and type of non-friable material
Recommended Response: This material should be removed by an asbestos abatement
contractor that is licensed by the State of California prior to
any activity which could disturb the material. This material
should not be disturbed prior to its removal by an asbestos
abatement contractor.
Sample Number H-32, H-34
Sample Description: Tar/patch compound
Location of Material: Gym roof
Quantity of Material: Approximately 600 square feet
Type and % Asbestos: 5-10% chrysotile
NESHAP Classification: Category I non-friable asbestos containing material
Overall Condition: Good •
Disturbance Potential: Slight, due to the location and type of non-friable material
Recommended Response: This material should be removed by an asbestos abatement
contractor that is licensed by the State of California prior to
any activities which could disturb the material. This material
should not be disturbed prior to its removal by an asbestos
abatement contractor.
Sample Number. Assumed
Sample Description: Transite pipe
Location of Material: Gym roof
Quantity of Material: 30 linear feet, 12 inch O.D.
Type and % Asbestos: Assumed
8 •
1---V'i�cn[r Uricc San Luis Ohippo. CA 914U> - I'honr K05 >4;-04i 1
• NESHAP Classification: Category II non-friable asbestos containing material
Overall Condition: Good condition
Disturbance Potential: Slight, due to the location and type of non-friable material.
Recommended Response: This material should be removed by an asbestos abatement
contractor that is licensed by the State of California prior to
any activity which could disturb the material. This material
should not be disturbed prior to its removal by an asbestos
abatement contractor.
Sample Number. Assumed
Sample Description: Floor tile (9 X 9)
Location of Material: Dining room and adjacent vestibule, karate studio, second floor
rest rooms, and a second floor office
Quantity of Material: 2,800 square feet
Type and % Asbestos: Assumed
NESHAP Classification: Category I non-friable asbestos containing material
Overall Condition: Good condition
Disturbance Potential: Slight, due to the type of non-friable material.
Recommended Response: This material should be removed by an asbestos abatement
contractor that is licensed by the State of California prior to
any activity which could disturb the material. This material
should not be disturbed prior to its removal by an asbestos
abatement contractor.
• 9
---V'rcen e f)rr San hflti Ohis110.CA Phunr M5
CONCLUSIONS AND RECOMMENDATIONS •
The friable asbestos containing materials identified in this report, in their current condition,
could pose a health hazard to the building occupants. Disturbing the friable materials could
expose the building occupants to airborne asbestos fibers. West Coast Safety Consultants
recommends all the asbestos containing materials identified in this report be removed prior
to any activity which could disturb those materials by an asbestos abatement contractor
licensed by the State of California.
In addition,the entire basement/crawl space area should be considered contaminated. Entry
into the basement/crawl space should be restricted to authorized individuals who are
trained, and are wearing the appropriate personal protective equipment.
If other suspect materials are discovered during the renovation phase of this project, they
should be sampled prior to disturbing the materials to determine if they contain asbestos.
These conclusions and recommendations are based on the requirements set forth in 40 CFR
Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAP), and Title
8, Chapter 4, Paragraph 1529, the Asbestos Standard of the California Occupational Safety
and Health Administration.
Finally, the detection of ACBM in the building creates certain notification and response
requirements for the owner of the building, in accordance with the Asbestos Notification •
Act (AB 3713, Connelly, 1988), which is contained in California Health and Safety Coke
Chapter 10.4, Sections 25915-25924. Among other things, the Act requires that the owner
notify tenants of the location of asbestos containing building materials, and to take actions
to minimize disturbance of the material. We recommend that the current or future owners
of the property be informed of the findings of this assessment, so that they may take the
appropriate steps to comply with the regulation.
CLOSURE
This section has been prepared for the exclusive use of Kuentzel Henderson & Associates
as it applies to the Masonic Temple, 6351 Olemeda Avenue, Atascadero, California. The
findings and conclusions rendered in this section are opinions based on the scope of work
authorized by the client and laboratory analysis of building material samples collected
during this inspection. This report does not reflect variations which may exist between
sampling points. These variations can not be anticipated, nor could they be entirely
accounted for, in spite of exhaustive additional testing. Our work has been performed in
accordance with generally accepted practices in the field of asbestos consultation. No other
warranty, either expressed or implied is made.
10 •
--- �I:Cn[t 1)r'%C San I m,Ohi,ho.(A 9347 6 Phone i; �i3-Olil
This report is not intended to provide specific asbestos project design specifications, but
rather determine the presence of asbestos containing building materials.
We appreciate this opportunity to be of service. Should you have any questions or
comments regarding this report, please contact this office at your convenience.
West Coast Safety Consultants,
Michael Mc Guire, CSP
Certified Asbestos Consultant (#92-0534)
Registered Environmental Assessor (REA-03321)
•
• 11
1---Vicente Drive San Lui>Obispo, (A 9341)5 Phunc '80., 343-04S]
• SAMPLE # MATERIAL LOCATION ASBESTOS CONTENT
H-01 Pipe Insulation Basement/ 35-60% Chrysotile
H-04 Crawlspace
H-02 Boiler Insulation Basement 25-30% Chrysotile
(stacked on floor)
H-03 Boiler Insulation Basement .30-35% Amosite
Boiler Room
H-05 Pipe Insulation Basement 30-35% Amosite
Boiler Room
H-06 Plaster Walls Basement None Detected
H-07
H-08
H-09 Linoleum (brown sq.) Kitchen None Detected
H-10 Linoleum (flower) First Floor None Detected
Rest Rooms
• H-11 Drywall First Floor None Detected
Rest Rooms
H-12 Plaster First Floor None Detected
H-13 Walls, Ceilings
H-14
H-15 Drop-in Ceiling Panels Dining Room None Detected
H-16 Drywall Kitchen Trace Chrysotile
H-17 Plaster Pool Room None Detected
H-18 Walls
H-19
H-20 Plaster Second Floor None Detected
H-21 Walls, Ceilings
H-22
H-23 Plaster Attic None Detected
H-25
• H-24 Drywall Attic None Detected
iccntc DrI%e Sen Luis Obi,po,CA Y331)� Phone svo, 543-04S1
( SAMPLE # MATERIAL LOCATION ASBESTOS CONTENT •
H-26 Textured Plaster Second Floor None Detected
H-27 Walls, Ceilings
H-28
H-29 Linoleum (green) Second Floor None Detected
H-30 Tar Paper Main Roof None Detected
H-31 Composite Shingle Main Roof Trace Chrysotile
H-32 Tar/Patch Gym Roof 5-10% Chrysotile
H-34
H-33 Rubber Roof Coating Gym Roof None Detected
H-35 Plaster Karate Studio None Detected
H-36
H-37
H-38 Drywall Karate Studio None Detected
H-39 Linoleum (White/Gray) Mens Rest Room None Detected •
H-40 Linoleum (White/Brown) Womens Rest Room None Detected
H-41 Drop-in Ceiling Panels Photo Studio None Detected
H-42 Linoleum Photo Studio None Detected
1---V'iccntc l)ncr San I-w,Okiupu,C:A 9;4i)S Phunc Y1, ;,�-04il
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Page. I «_FAX TRANSMISSION •
Sulamary of Results
Polarized Dight Microscopy
To: M- - Date/Time:
est• Coast; Safety Consultants
Project
Report :( j233°•783
Attn: `-'r ! Sender:
If you do not receive all pages, please contact Sender at. ( 510 ) 887-8E28
C: Chrysotile Cr: Crocidolite
F: Amosit.e ND: No Asbestos detec;t.ed
P : Preliminary; subject to review
Sample Number Asbestos a Asb. Type (z) Notes
K-01 - - -
H-03 san4l. --�.
H-12 __ �- ---- --------- -�
H-13 �.
H-14
Ada—
FAXED TO:
A hard copy report will folio in the ail.. Thankyou. •
Supervisor Approval_ I _�M
T ,
MAY 16 195 05:45PM FORENSIC ANRLYTICAL P.2/9
C7NG -� .A.�'S2"� YC!AL Page 2 of ---�
•
FAX TRANSMISSION
Summary of Results
polarized Light HicroscopY
T o- Date/Time:_ _ _-----------
West Coast Safety Consultants
Project
Report 234783
At t n: �. -- --' Sender:
it you donot receiveall pages, please contact Sunderat (51.0} 887_8828
YT _ - _ ` - --y
C: Chrysotile Cr: Crocidolite
A: Amosite. KD: No Asbestos detected
p : preliminary; subject to review
Sample Number Asbestos % Asb. Types ) Notes
---------
H-17 --
H-22
B-23
H-24
-- -- --- ---- ._—H-25
H-2.6 --
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M-32
?FAXED TO!
• A. hard copy report will follow in the mail. Thank you.
Supervisoz Approval:
MAY 16 195 05-45PM FORENSIC ANALYTICAL P.3/9
Page S of
FAX TRANSMISSION •
Summary of Results
PolarlZed Light Microscopy
To. _ ___. Date/Time:-West Coa'st< Safety Consultants
Project
Rf Ppor:. t: 234783
Attn: ---....-. — Srvnder:
If you do not receive all pages, please contact Sender at, ( 510) 887-8838
C': Chrysotile Cr: Crocidolite
A! Amosite ND: No Asbestos detected
P : Preliminary; subject to review
Sample Number Asbestos o .Axsb. Type(s) dotes
---------
Ji-33 1040 -- - -
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H-35 UC) _
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FAXED TO:
A hard copy report will follow in the mail . Thank you. .
Supervisor approval: �_�
i•iHr lb uZ>=µbrPl tUKEMIC Hr*4LYTICHL P.4/9
Forensic Analytical BULIK Request Farm a Mail Directly to Client
Client Name and Address:
5318 West Coast Saftey Consultants Phone: go5-5qq ci3D3 Date
1777 Vicente
San Luis Obispo,CA 94305 Collected By: NtGy4n MW 6toruc.
FAA 5-1 1;-16-qS Tb
Contact: A4&E j-e��&c Special Instructions: eels-544-4423
Client #: ESD Job it: g PLM ❑ 2hr (324hr Q Ext Q P.C. 435
P.O. # Client Job : [3 TEM Bulk Qualitative Resuits Needed:
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Site: !'t1 olvie 7-EiVpL6- [3 TEM Water
Sample Date
Number Collected Sample Location/Description
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Client Nana and Address:
5318 West Coast Saftey Consultants Phone_ bate, •
17n Vicente
San Luis Obispo,CA 94305 Gollected By:
Contact: Special Instructions:
Client #: ESO Job #: Ij PLM ❑ 2 h r ❑ 24 h r ❑ Ext. ❑ P.G. 435
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MAY 16 b5=47PM FORENSIC ANALYTICAL P.6r9
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bent Nacre and Address:
5318 West Coast Saftey Consultants Phone: Dew
1777 Vinmte
San Luis Obispo,CA 94305 Collected By:
Contsd: PSPEallsttuction$:
Client #: ESD Job #: M [] 2 hr ❑ 2 4 h r ❑ Fact ❑ P.C_ 435
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MHY 16 '95 e5:47PM FORENSIC R RLYIICHL P.7i9
Forensic Analytical BULK Request Form ❑ Mail pirectly to Client
Client Name and address:
5318 West Coast Saftey Consultants Phi: Date: •
1777 Vicente
San Luis Obispo,CA 94305 Collected By:
Contact Specist Instructions:
Client #: ESO Job #:
Q PLM 2 h r ❑ 24 h r ❑ Ext ❑ P.C. 435
P.O. # Client Job M Q TEM Bulk Qualitative ResuitsNeeded:
Q TEM Bulk Quantitative
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Sample Date
Number Collected Sample Location/Description
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SF: 3777 Depot Road, Hayward, CA 94545, LA: 19443 Laurel Park Road Rancho Daninguez, CA 9 220.
MAY 16 '95 05:48PM FORENSIC ANALYTICAL P.819
Forensic Analytical 13ULK Request Form E] Mall Directly to Client
Client Name and Address:
5315 West Coast Saftey Consultants Phone: Date:
1777 Vicente
San Luis Obispo,CA 94345 Collected Sy:
Contact: Special instructions:
Client #: ESD .lob #: Q PLM ❑ 2 h r Q 24hr ❑ Ext ❑ P.C. 435
P.O. # Client Job #: E3 TEM Bulk Qualitative Results Needed;
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Forensic Analytical BULK Request Form � Mail Directly to Client
Client Name and Address:
5318 West Coast Saftey Consultants Phone: Date:
1777 Vicente
San Luis Obispo,CA 94305 Collected By:
Contact: Spacial Instructions:
Client #; ESD Jots #: L3 PLM C3 2h r ❑ 2 4h r ❑ Ext ,❑ P.C. 435
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$F: 3777 Depct Road, Hayward CA 84545. LA: 19443 Laurel Park Road, rancho Dominguez, CA 90220.
State of California
Division of Occupational Safety and Health
Certified Asbestos Consultant
Michael L McGuire
Name
Certification No. 92-0534
Expires on 08/14/95
I This certification was issued by the Division of •
Occupational Safety and Health as authorized by
iSections 7180 et seq.of the Business and
Professions Code.
-----------------------------
sity a orna er e emyero
*J N I V E R S I T Y E X T E N S I O N
%is is to certify that
Michael McGuire
has attended the
AHERA Refresher Course for Asbestos Inspectors and Management Planners
and has completed the requisite training for asbestos accreditation under TSCA Title II
October 13, 1994
Z�'L Y• .c
Chair, Environmental Management
UC Berkeley Extension
Certificate number: i _
2223 stilton Street
HKI 80492° HKP 80370, Hall Kimbrell Berkeley, CA 94720
Valid until: October 13, 1995 (510)643-7143
4
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REPORT TO CITY COUNCIL AGENDA ITEM: C-3
DATE: 06-27-95
FROM: Brady Cherry, Director
Department of Community Services
THROUGH: Andy Takata, City Manager
SUBJECT: PROPOSED LOCATION OF THE ATASCADERO
SKATEBOARD/ROLLERBLADE FACILITY
RECOMMENDATION:
The Park and Recreation Commission and staff recommends the City Council approval of the
proposed location of a skateboard/Rollerblade facility on the grounds of the Atascadero Youth
Center/Printery Building.
BACKGROUND:
Staff of the Community Services Department have been working for the past year with a group
of citizens toward the goal of establishing a Skateboarding/Rollerblading Park in Atascadero.
This group of citizens is made up predominately of Jr. High School and High School age skaters
and a few interested parents. The group formed following a meeting with Commissioner,
George Beatie in September of 1994. The group, known as Skateboarders/Rollerbladers Unite,
met for several months and was successful in raising several hundred dollars, and conducting
three very successful Skateboard and Rollerblade demonstrations located in front of the City
Administration Building. In addition, helmets have been purchased, and several ramps have
been built with funds generated from these events. The group, which has since merged with the
newly formed North County Skate Club (NCSC) has also been instrumental in forming plans for
a permanent Skateboarding/Rollerblading Park in Atascadero.
DISCUSSION:
A sub-committee if NCSC, along with a few members of the Atascadero Recreation Center
Committee (ARCC), has been working directly with Community Services Department staff to
identify potential locations for the permanent Skateboarding/Rollerblading Park. After
considerable study of all the alternatives, we are proposing that an area located on the northern
side of the building between the Armory and the Atascadero Youth Center/Printery Building be
paved for this purpose.
0 1�Ra... -',A
The Atascadero Youth Center/Printery Building location was chosen because of the following
reasons:
• The site is near the Jr. High School and on site of a Youth facility.
• The location has relatively minimal impact on business or residential areas.
• The City of Atascadero jointly owns the property, greatly reducing the overall cost of the 49
project.
• Storage space for equipment and ramps already exists on the site, also reducing the cost
of the project.
• The site is located downtown, where many skaters congregate already.
The size of the proposed skating area is approximately 60' x 100' and should not interfere with
the existing use of the building, and will not restrict access to the gymnasium or the kitchen
area. Parking space in this area will still be provided. A diagram of the proposed
Skateboarding/Rollerblading Park is attached.
One potential disadvantage to the proposed site includes possible complaints from the residents
who live in the condominium project immediately east of the Atascadero Youth Center/Printery
Building. However, none attended the Parks and Recreation Commission meeting on June 15,
1995. Any concerns may be mitigated by the building of a sound wall between the site and the
Condominiums, and having reasonable operating hours for the facility.
The site is consistent with the purpose of the Youth Center and given the building's proximity
to the Jr. High School, we feel that the proposed location is the best available for a
Skateboarding/Rollerblading Park.
If the project is phased due to limited funds for construction, the concrete pads nearest Olmeda
Avenue should be completed first due to the distance from the residences. Fencing will be
required for insurance reasons. The sound wall can be constructed prior to the completion of
the total slab area.
FINANCIAL IMPACT
Rough estimates of the cost for the project from Frank Henderson, Architect for the Atascadero
Recreation Center building are between $15,000-$20,000. This estimation is based on full cost
of the project, and does not take into consideration any donations of labor or material.
Currently, City staff and members of NCSC have been approached by several individuals from
the community willing to donate their professional services to the project. With the donation
of the necessary labor, the cost will be reduced to material only, approximately $5,000410,000.
In addition, the project is designed to be completed in phases, so that one fourth of the project
can be built at a time.
The entire cost of the project will be the sole responsibility of the NCSC and there will be no
financial impact on the City of Atascadero. Fund-raising efforts by NCSC are currently
underway.
. Operating costs for the facility will be covered by a minimal fee charged to the skaters. A
preliminary estimate for the annual operating cost is approximately $9,000 per year. A draft
budget is attached. The budget balance is based on the assumption that at least twenty five (25)
skaters will attend each day, and pay one dollar per visit. This attendance estimate may be too
high. A more realistic daily attendance may be closer to fifteen per day. if this lower
attendance estimate becomes reality, adjustment will need to be made to the daily hours of
operation, the number of days open per week, or the admission price.
C ITYCO UN\SK B R D PK.MGM
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Youth Center/ Skate Park
Rec Ldr Payrate 57
-- --------- - -
--- --- ----------------------------
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#Rec Leader 1 ; '
•------------------------------------------------------- ---------
EXPENDITURES
205-10020 Part Time Salaries 7950
Rec Leader(#Rec Leaders x 3 hrs x 180 school days x payrate)= 2700
Rec Leader(#Rec Leaders x 6hrs x 175 non-school days x payrate)= 5250
205-10035 Deferred Comp. Retirement
Defined Compensation Benefit (2.5% x Part time Salaries)= 199
205-10060 WComp
3.88% compensation x Part time salaries= 308
205-10070 Medicare
1.45% compensation x part time salaries= 1 1 5
205-20200 Recreational Supplies 300
. First Aid Supplies $50
Signs $125
Shade Tarp $125
205-30099 Contract Services
205-40009 Training
03510- Donation froRCSC 0
Skate Park entry fees (25 skaters x $1 x 355 days) 8875
TOTAL NET PROGRAM COST 3
n r,
To: Atascadero City Council& i
Parks and Recreation Commission
From: Ericka Brewster, President
North County Skate Club
I would like to express my support and concern for the construction of a
permanent skatepark facility here in Atascadero at the Atascadero Youth Center sight
{outside} on Olmeda Ave, for the benefit and well being of our youth in our City. This
support and concern also extends from all club members as well as many community
members, i.e. businesses and business owners, schools, parents and residents alike.
Skateboarding and Aggressive In-line Skating is a rapidly growing sport nationwide
as can be seen with the construction of many skateparks, the high media coverage on the
many skate competitions nationwide, and locally as we have witnessed with our local
skate demo which attracted approximately 600 people, skaters and observers alike, and
even in our community with the rapidly growing number of kids we see everyday on the
streets skating.
Skateboarding has been popular for about 30 years and Aggressive In-line Skating
has been rapidly growing as well,just in the past 2-3 years. These two sports are very
similar. Street, stunt and vertical skating are the definitions of the similarity for both fun
and competitions. Most skaters have learned to skate on city streets, sidewalks,,and other
public and private places, but many cities have now passed, or are in the process of
passing ordinances that prohibits skaters from skating on the streets and sidewalks.
Skaters, left with no place to skate legally, have organized and approached their City
Councils to request that their cities provide them with a skatepark,just as cities provide
tennis courts, basketball courts, soccer fields, baseball and softball fields for other citizens,
adult and youth, of the community. Due to the demands of skating {skateboarding and
aggressive in-line skating alike) and to the growth of this sport, many cities have either
built, are in the process, or exploring the possibilities of having a skatepark designed and
built in their communities.
One of the objectives in building a skatepark is to get the skaters off the street and
sidewalks, where skating can be dangerous, inappropriate and, insome cities, prohibited.
The primary objective, in addition to the well being of our youth is to acknowledge that
skateboarding and aggressive in-line skating is a very real sport and that a skatepark
would provide them a place where skaters could enjoy their sport and improve their
skating skills.
Clear conclusions can be made that,
1. Skateboarding and Aggressive In-line skating are not as hazardous as generally
believed. While minor injuries may occur, serious life threatening, or permanent injuries
are extremely rare.
2. While the average range in age of active skaters is from 8 yrs. to mid- 20's, the
majority are 11 yrs. to 19 yrs. and are almost exclusively male, however this is changing.
3. On weekdays, the majority of skaters using the skatepark will usually be local
residents. On weekends, a number of skaters may arrive from out of town, when skaters
of driving age will be attracted to the skatepark
4. Skaters generally appreciate a skatepark designed for them based on lack of
alternative places to skate.
5. Most skaters behave responsibly and police themselves in order to retain their
use of the skatepark.
It is essential that the design of a skatepark not only should involve input from'city
staff and the city's risk manager,but it should also involve input from the skateboarders
and in-line skaters alike.
Skaters generally are adventurous, energetic and fun-loving people. They are kids
who deserve to have a skatepark that is enjoyable and safe for their sport.
Skateboarding and Aggressive in-line skating is very much a positive recreational
activity. It is an important aspect to meeting the needs of our youth.
We at the North County Skate Club have taken a responsible role in this need and
are actively working on fundraising efforts to help with the construction of the sight. Any
and all help is greatly needed. Please help us make this very important need a reality in
our very near future at the sight of the Atascadero Youth Center.
Sincerely speaking,
Ericka A. Brewster
• President, North County Skate Club (N.C.S.C.)
FrOIN f 1ADRIDNE L ArtDSCAPES PI-1111HE ;10. 4IG i; h3 Rol
F r:rPi: iI�K: i�iA T i1Esh c; VI'_-E PRCSIDEN T DATE. JUNE Q, 1995
ATASCAUER0 RECREATION CENTER COMMITTEE
SUBJECT: ATASCADERO RECRCATION CENTER SKATE PARD
Hello!
Enclbsed is a sketch of the proposed location of the skateboard and free-
style in-line skate(roller blade) facility which is being planned fur the Recreation
Center on Dlmeda Ave. This site has been approved_bg the Recreation and
Community Services Department of Atescadero, and volunteer- fund-raising is
already well underway
We, at the ARCC, are very excited about this project, which is sure to
positively impact the whole community, especially downtown. These skaters are
an ever--growing group of young people, who, at the present, find themselves at
odds with merchants, property owners, parents and the police over their desire to
skate. At the presant time, thea, is no place for these young athletes to practice
their chosen sport without infringing on the private property of others and/or the
safety of passers-by.
This is a situation which is about to change, ..vith your approval and your
help. Through ARCO, a Skate Park Advisory Committee has been formed to
imple.merit the COristruction of the facility_ Additionally, a group of skaters has
oraani>_ed the North County Skate Club, who will Be assisting with the project.
Our fir-st taszk is to provide the skaters with a part-time temporary skate
fu;rlitly for the -:kir'nmer of 1995. We hope to get permissiurt to use the little-used
bas�.etbai 3 cour-tc on. school propertrg, directly across Olmeda Ave. from the
entrance to the Rec. Center. This site offers the trent combination of size,
readiness, close proximity, arid ease of equipment storage.
Simultaneously, we are continuing to raise funds fur the permanent site on
the. grounds of the Rec. Center and gather support from everyurre irr the community
who wants to help this project set a standard of excellence for the new Recreation
Center. it is our intention to have the first phase of the permanent facility ready
this tall.
It's going to take a while to complete the upyrudes needed for the Rec.
Center building and grounds. In the meantime, there are many youth In the
community who are at risk THIS SUMMER! They will be skating, regardless of the
negative :sent.iments of many in the community. We in the ARCC lanae taken the
responsibility to try and provide a Safe, supervised setting for our- kids, as soon as
possible. please help us with this important task.
Sincerely,
Rick
a,
i%.EN YV KAN KARATE RYV
P.O. Box 971
AtascaSero, CA 93423 \\
lune 16, 19 9 5
Mr. Geoff English
City of Atascaderc
6500 Palma Ave.
Atascadero, CA 1-13422
Dear Geoff,
Thank you for allowing our concerns regarding the proposed skate area to be
heard.
As you know, our school has operated in the Masonic Temple!;'oath Center for
over 21 years now. Our programs directly effect. in a positive manner, over 100
students and their families. ! fee: --,,r crinions o^ this ,;;;uILL cr s^::uid be sor ious1,
considered.
1 have spoken with my staff members and many students and their families about
• your proposal, and though, nobody is opposed to the idea of a skati;,g area in
general, we do have some very serious questions about it.
#1 PARKING: The installation of the slab as proposed would virtually eliminate all
of our current parking places. Where -are vra (or other use of the facility', to Nark?
By.parking near the entrance of an establishment, a person greatly reduces the
chances of vandalism to their car, or-Yrorse yet, a violent crime.
If the City plans to light the area to the East of the bui!uiny for war I:ing, hus the
impact on our neighbors at Creekside Village Condominiums been considered?
They may suffer bright lig"ts shining in their windows, and the sound of 60-80 car
doors slamming every night.
#2 CONVENIENCE: By placing the slab directly in front of the Gymnasium's
entrance, all users of the facility would be forced to walk around, or through, the
skate area. I know you plan to have designated hours of usage, but will skaters be
tempted to continue after hours? If so, will our students and their family members
be forced to dodge them?
(continued next page)
#3 PROFESSIONALISM: Our school has always strived to provide our students
with the most professional curriculum and instruCt ion. If people are enccurayod to
skate, gather, and loiter, directly in front of my school, how am I to continue
projecting that professional image?
#4 CONSIDERATION: Why is there no consideration as to the impact this will
have on our school and the families.^re serve? As Ath your programs, we too
provide a positive alternative for the Youth of Atascadero. In addition. we provide
on-going protection, maintenance and repair of the facility, at absolutely no charge
to the City. And finally, we provide over-S-15,1000.00 per year for our limited Esse, a
virtually guaranteed inc-..—..e to tree City.
#5 ALTERNATIVES: Could the slab be re-positioned on the parcel to accomodate
parking and entrance to the gym facility? Can it be fenced to prevent after-hours
gathering and loitering?
c^s. I certainly I;ope f.e are net put in a
Thank you for considering these quest,
position where we cannel[continue our operations in the gyrnr-asiurn and be
forced to relocate.
Respectfully,
kul 6k,_�
Michael S. Croft, C+Intructor
(and the 109 families that support Ken Yu Kan Karate School)
�J
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda 'Item: C-4
From: Andrew J. Takata, City Manager Meeting Date: 6/27/95
SUBJECT: San Luis Obispo Council of Government's proposal for modification of
"supervote" voting procedure
RECOMMENDATION:
Approve the proposal for "supervote" modification, as outlined in the attached
SLOCOG transmittal, dated 6/12/95.
BACKGROUND:
This item was last before the City Council on April 25th (see attached minute order).
As the attached transmittal from Ron DeCarli states, the SLOCOG Governing Board
is requesting each of the eight member agencies to approve a revised "supervote" that
would require 7 affirmative votes to take an action that may be requested by any
member agency.
AT:cw
Attachments
axis Obispo Ounce o
S an.,L Arroyo Grande
IZegiorialTrans ortation'Planning Agency overreach
p g g Grover Beach
Morro Bay
Metropolitan Planning Organization Paso Robles
Pismo Beach
San Luis Obispo
Congestion Management Agency San Luis Obispo County.
RECEIVED
June 12, 1995
Mayor David Bewley
May, Y c r C�''
City of Atascadero ATASCAMR0 i u
6500 Palma Ave.
Atascadero; CA 93422 ,
Subj SLOCOG Supervote ..
Dear David;
The SLOCOG Governing Board on June 7, 1995 directed staff to forward a proposal to each
member. jurisdiction for modification of the voting procedure known as the "supervote". . The
current "supervote" is the requirement for 8 affirmative votes to take an action that may be
requested by any member Agency. The SLOCOG Board is requesting each jurisdiction consider
the approval of a revised "supervote" that would require 7 affirmative votes.
The 7 vote standard would result in a simple majority requirement when all delegates are in
attendance. The proposal retains the option for greater than majority approval if the option is
exercised when less than a full Board is present.
The"supervote" provision as contained in Section V. 5. of the JPA would be modified as follows
to accomplish the'proposed change.
V. OPERATIONS
5. "Forthe purposes of conducting business,there shall be a quorum consisting
of a majority of representatives, including (1) COUNTY representative. No
action shall effective without the affirmative votes of a majority of those
present. However,ejght-{> } seven affirmative votes shall be required for
taking any action in the event that any agency demands such a vote. The
representatives to SLOCOG shall adopt such procedures as are consistent
with this Agreement and necessary to conduct the business of SLOCOG.in
an orderly manner."
Each Governing Board of the eight SLOCOG member agencies will be required to approve this
proposed modification to the JPA for the change to be effective. Please schedule this issue for
consideration by your Council at your earliest convenience and notify me of your hearing date
and time.
0
1150 Osos St. Suite 202, San Luis Obispo, CA 93401 ♦ Tel. (805) 781-4219 ♦ Fax. (805) 781-5703
CITY OF R T A S 'C A D E R O
g e;-�
\ 'SCAD) y OFFICE of the CITY CLERK
MINUTE ORDER
TO: Ron De Carli, Executive Director
San Luis Obispo Council of Governments
DATE OF MEETING: April 25, 1995
COUNCILMEMBERS PRESENT: Carden, Highland, Johnson, Luna and Mayor Bewley
COUNCILMEMBERS ABSENT : None
SUBJECT: REGULAR BUSINESS ITEM #C-1 - Consideration of
alterntives to the SLOCOG Supervote procedures
Staff Recommendation: Eliminate supervote as it currently exists and, after
discussion, provide direction to the City's SLOCOG delegate for support on
alternatives. (Staff report including proposed options attached).
MOTION: By Councilman Carden, seconded by Councilman Johnson to support
abolition of the supervote and approve Option #4; motion passed 3:2
(Luna and Bewley opposed).
MOTION: By Councilman Johnson, seconded by Councilman Luna to make Option
#3 an alternate position; motion passed 4:1 (Carden opposed).
CERTIFICATION
I, Lee Price, City Clerk of the City of Atascadero, California, do hereby certify that the
foregoing is the true and exact motion made and passed by the Atascadero City Council at
their regular meeting of April 25, 1995.
Dated: May 2, 1995
LtiEPRICE, Ci Clerk
City of Atascadero
c: Councilmember Hal Carden _
Henry Engen, Community Development Director
011,`.' _
6500 PALMA AVENUE - ATASCADERO, CA 93422 - (805) 461-5074
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-1 40
Through: Andrew J. Takata, City Manager Meeting Date: 4/25/95
From: Henry Engen, Community Development Director l4
SUBJECT: Consideration of alternatives to the SLOCOG Supervote procedures
RECOMMENDATION:
Eliminate supervote as it currently exists and, after discussion, provide direction to the
City's SLOCOG delegate for support on alternatives.
BACKGROUND:
At the City Council's March 28th meeting, Council directed the delegate to the
Integrated Waste Management Authority (IWMA) to request that body to eliminate the
so-called supervote provisions of the IWMA's Joint Powers Agreement (JPA).
Subsequently, we received the enclosed communication from Ron DeCarli, Executive
Director of the San Luis Obispo Council of Governments, asking for feedback to
SLOCOG on six different options to the present supervote procedure. Since the JPA
requires modification by all members, it may be prudent to provide the delegate with
preferred alternatives to simply eliminating the supervote. The supervote requires
eight affirmative votes from the twelve members, regardless of the number of persons
in attendance at a particular meeting.
ANALYSIS:
The attached communication provides for the following options:
Option 1: Retain existing policy — Council direction is clear on rejecting the
status quo.
Option 2: Modify supervote to 2/3 ("two-thirds policy"). This would provide
a sliding scale of 6-8 votes being required for a supervote.
Option 3: Modify supervote to "majority of membership". This would
establish a minimum vote of 7 —a numerical majority of SLOCOG
— when called for. As proposed, it would also require at least
one of those votes to be from the county. There is some
precedent for this approach in the Government Code which re-
y
quires not less than a majority of the total members of a
. legislative body to adopt or amend a general plan.
Option 4: Modify supervote to "majority of attendees". This would allow as
few as 4 votes out of 7 members in attendance to conduct busi-
ness.
Option 5: Deadlock alternate. This would require a 2/3 vote of attending
members where a supervote is deadlocked.
Option 6. Other, as may be generated through City Council discussion.
HE/AT:cw
Enclosure: 4/11/95 communication from SLOCOG.
2 -@{
REPORT TO CITY COUNCIL Meeting Date: 06/27/95
CITY OF ATASCADERO Agenda Item : C- 5
Through: Andy Takata, City Manager
From: Lee Price, City Clerk
SUBJECT:
Resignation of City Treasurer
RECOMMENDATION:
Authorize the City Clerk to open a recruitment soliciting applications from
interested citizens of Atascadero who wish to be appointed to serve the remaining
unexpired term ending June of 1998.
BACKGROUND:
On June 13, 1995, City Treasurer Micki Korba submitted her resignation
effective September 1 , 1995. A copy of her letter is attached.
DISCUSSION:
Pursuant to Government Code Section 36512, the City Council shall, within 30
days from the commencement of the vacancy, either fill the vacancy by appointment
or call a special election to fill the vacancy. A special election must be held on the
next regularly established election date not less than 90 days from the call of the
special election. These provisions clearly rule out a special election for November 7th
this year. The next regular election date would be March 26, 1996 (statewide
primary) at an estimated cost of between $19,700 and $25,440. These election
costs would be in addition to the costs associated with the City's regular municipal
election to be held in November 1996 at an estimated cost of between $14,650 and
$16,280.
Although an appointment cannot be made until after September 1 st, it is being
recommended that the City Clerk proceed with advertisements and begin accepting !
applications. The City Council may wish to consider dates in late August or early 1
September to interview applicants.
Attachment: Letter of resignation (Korba)
way ' 041 CITY OF ATASCADERO
.rwwM.l
1918`A �� pl 1979�J
ADMINISTRATIVE OFFICES
SSCAD El�gii'� June 13, 1995
TO: Mayor Bewley and Council Members
FROM: City Treasurer, Micki Korba
ars ago, I became City Treasurer because I believed community
had
Five ye to perform this type enough experience and intelligence
service.
I have been warning the City Council that
For the past tkrree Yearsv jus continuing that
we were on a downhill course. This year is j
downhill financial spiral. I believe steps could Th�hea.ndnto°debt,
have been taken to turn direction. We are ountyrinvestment has been
have done numerous studies, and Orig policemen, etc. It has
blamed for lack of street repairs, lack
alacef the blame for the n4tY's
become convenient but inaccurate to p
financial woes on that investment or the Investment Policy. The
has been placed in and jeopardized
financial well-being of the City has become a political
in the political arena. The Investment Policy
football.
Without positive leadership;,the City cannot return to fist/tion which
I have been
slandered, 1nhealth. I cannottremendous sanyss and longeragcontinue to
has affected my persona
accept the responsibility of this job.
Rive the Council time to appoint a new Treasurer who wilthe time
In order to 0
hopefully, Ve the baatel�, I am submitting mwillng-
y needed as wellasresignationneffective
v
ness to. sere,_appFoPriY
September 1, 1995• goPefully► lVe will
tobe lmake the t~'ansitnonleasier
over the past
for the City
I have acquirand the new Treasurer.
Since-rely,
Muriel (Micki) Korba.
MK; is
ATASCADERO, CA 93422
6500 PALMA AVENUE Citv Fax:(805)461-0606
City Clerk:(805)461-5074 Citv Attorney:(805)461-1010
City Council 18051 461-5086
City Treasurer:(805)461-5018
-
REPORT TO CITY COUNCIL Meeting Date: 6/27/95
CITY OF ATASCADERO Agenda Item: C-6
Through: Andy Takata, City Manager ttC'
From: Bradford Whitty, Finance Director -N�t
SUBJECT:
Award lease-purchase of two police vehicles to Downtown
Ford, Sacramento, CA.
RECOMMENDATION:
1) On motion, award contract to Downtown Ford for the
purchase of two police vehicles in the amount of
$42,930. 03.
2 ) Approve Resolution 66-95, authorizing a Lease-Purchase
agreement with Bank One Leasing (California) to finance
the purchase of two police vehicles.
BACKGROUND:
Last year, the Police Chief submitted a police vehicle update
indicating several vehicles with over 100,000 miles. (See
Attachment A) In November 1994, the City applied for a lease
agreement to purchase two vehicles with Ford Motor Credit
which was subsequently denied due to our "going concern" issue
over the past two years and uncertain exposure in the Orange
County Bankruptcy. (See Attachment B)
The Police Chief is requesting the vehicles to be purchased
because the miles continue to accumulate. Originally, the
request was for two marked vehicles, but that has been
recommended for change per Note 2 of Agenda Item A-10 at this
Council meeting, to one marked for patrol use and one unmarked
for the Chief's use.
DISCUSSION•
Staff requested quotes from three leasing companies to
determine the best rate for the financing. (See Attachment C)
As you can see, the best rate was quoted by Bank One Leasing.
Staff recommends going with Option II because the present
value of future cash flows would amount to $35, 138.42 versus
$36,997. 00 if Option I is chosen. With Council' s approval,
staff will complete and submit the Municipal Lease
Application, three years of financial reports and our 1994-95
budget.
Page 2, Resolution 66-95
Staff is utilizing the County of San Luis Obispo' s bid award
#2593-95 to purchase the vehicles from Downtown Ford,
Sacramento. A copy of the County' s bid award is on file in
the Finance Department. This process saves costs by not
having to go through a formal bid process.
FISCAL IMPACT•
The cost of obtaining the vehicles would occur against the
City' s General Fund for $9,689. 10 per year for a total of
$48,445.50 over a five year period beginning with the 1995-96
budget year. The funds expected to pay for the vehicles would
come from a combination of revenue increases and possible
expenditure cuts in the General Fund. The costs associated
with operating and maintaining the vehicles would be partially
off-set by the disposal of two police vehicles and the
warranties that accompany the new vehicles.
M E M O R A N D U M
TO: City Manager Andy Takata
FROM: Chief of Police
SUBJ: Police Dept. Vehicle Update
DATE: June 16, 1994
Below is a list of police department vehicles including current
odometer readings. Those indicated with asterisks are proposed
for replacement for the upcoming fiscal year.
Vehicle Type Unit # Current Mileage Use
93 Ford 931 10,800 Patrol
* 85 Mercury 2 93 ,411 Invest.
93 Ford 933 14, 800 Patrol
93 Ford 934 15, 997 Patrol
87 Chev 975 148 , 718 RSVP
(This car has a rebuilt engine. )
91 Ford 116 73 , 750 Patrol
92 Ford Taurus 4207 39, 750 Inv./Admin
91 Ford _ 118 86,591 Patrol
93 Ford 939 15, 374 Patrol
91 Ford Taurus 5110 37, 676 Invest.
93 Ford 9311 17, 840 Patrol
91 Ford 1112 76, 250 Patrol
88 Ford T-Brd 9813 61,450 Patrol/Admin
* 88 Chev 10814 132, 304 Patrl/Crt/Train
* 89 Chev 11915 125,280 SRO/DARE/Patrol
* 89 Chev 4016 117,253 SRO/DARE/Patrol
89 Frd Taurus 12917 80,983 Admin.
88 Jeep 2818 65, 515 Patrol/W.C.
55 Chev 5319 ------ DARE/Spl Events
93 Ford 9320 17 , 380 Patrol
. This information is furnished for your use as requested.
, l
RICHARD H. McHALE
i
Ford Motor Credit Company The American Road
P.O. Sox 1739
Dearborn, Michigan 48121-1739
February 24, 1995
Mr. Bradford Whitty, Finance Director
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Re: Lease-Purchase Proposal Number 39425
Dear Mr. Whitty:
The financial condition of the City of Atascadero, CA has been reviewed by Ford Motor
Credit Company in lieu of the above referenced lease-purchase proposal. We have •
turned down your request to finance two Crown Victoria Police Sedans.
The City has shown improvement in their financial position from FY1993 to FY1994,
however the City still received a"going concern" statement from their auditor. In addition,
it is not certain what the financial impact will be to the City as a result of their exposure
in the Orange County Investment Pool.
We value the City as a customer and as the financial status improves, please consider
Ford Credit as a
financing source.
Sincerely,
Brenda C. Bielskis
Municipal Finance Supervisor
ATTACHMENT C
i
LEASE QUOTES•
Assumptions•
Principal borrowed: $ 41, 000.00
Payment Method: Semi-annual, in arrears.
Koch Financial (Kansas) 3 YR. 5 YR.
Interest Rate 6.935% 6.985%
Semi-annual Payment* $7,686. 19 $4,928.04
Banc One Leasing (Calif. )
Interest Rate 6.41% 6.31%
Semi-annual Payment $7,621. 00 $4,844.55
Municipal Services Group (Col. ) 1
Interest Rate 6.23% 6.42%
Semi-annual Payment $7,671.49 $4,905.50
Note:
1. Although Municipal Services Group (MSG) has a lower
interest rate under the three year column, they charge a
documentation fee which is rolled into the principal,
hence the higher semi-annual payment as compared to Bank
One Leasing.
RESOLUTION NO. 66-95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
BANC ONE LEASING CORPORATION
TO LEASE-PURCHASE TWO POLICE VEHICLES
WHEREAS, the City Council of the City of Atascadero has determined
that a true and very real need exists for the acquisition of the
property described in the Attachments presented at this meeting and
that the use of the property is essential for proper, efficient,
and economic operation; and
WHEREAS, the City Council of the City of Atascadero has taken the
necessary steps, including any legal bidding requirements, under
applicable law to arrange for the acquisition of such property; and
WHEREAS, the City of Atascadero is authorized and directed to
fulfill all obligations under the terms of the Lease Application;
and
THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero, designates and confirms the following person(s) to
execute and deliver, the Lease Application and any related
documents necessary to the consumation of the transaction(s) .
NAME TITLE SIGNATURE
1. Mayor
AND/OR
2. Andrew J. Takata City Manager
AND/OR
3. Bradford Whitty Finance Director
PASS AND ADOPTED at a regular meeting of the City Council of the
City of Atascadero held on day of 1995.
By:
ATTEST:
Lee Price, City Clerk ,
DU�NT®�'N SOD
525 NO. 16TH STREET• SACRAMENTO,CA 95814• (916)442-6931 FAX(916) 442-0805
y
,
May 8, 1995
To: Police Chiefs, Fire Chiefs, Sheriffs' and Purchasing Agents
Due to units sold and new ones coming in, we have made some changes to our
previous mailing. Following are the units we now have available.
Group 1 - Chief s Cars
1995 Ford Crown Victoria Police Interceptor
Cloth Bucket Seats Um.: i
I VONA Mi
Police Group 1:
Speed Control - ,
Power Door Locks 111 lilt
4.61- OHC EFI V8 Engine
Electronic Automatic Overdrive Transmission
P225/70VRx15 BSW Tires
Power Driver Seat
Anti Lock Brakes
AM/FM Stereo
Exterior Colors Available:
1 - Electric Red
3 _ Medium Willow Green
2 - Champagne
2 - Silver Frost
Price: $19,213.00 plus applicable Sales Tax
Please note that the above units are scheduled for production and cannot be spec
changed except for any aftermarket equipment you might want to add.
'AU Fonds are crested equal —Downtown Ford makes the difference`
Page 4
Group 5
JJ
There are x of the following units available:
1995 Ford Crown Victoria Police Interceptor
Vibrant White
Cloth Buckets w/Rear Vinyl Seats
Interior Color: Portofino Blue
Police Group 1:
Speed Control
Power Door Locks
4.61- OHC SEFI V8 Engine
Electronic Automatic Overdrive Transmission
P225R0VRx15 BSW Tires
Heavy Duty Floor Covering
Power Drivers Seat
Anti-Lock Brakes
All Units Keyed Alike
Silicone Hoses
Dual Spotlights
Roof Reinforcement .
Radio Suppression Roof Wiring
AM/FM Stereo
Price: $19,915.00 plus applicable Sales Tax
The above units have been scheduled and cannot be spec changed
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (the "Purchase Agreement"), dated as of the
purchase date (the "Purchase Date") specified in Exhibit A attached hereto and made a part hereof,
entered into by and between the signatory local agency designated in Exhibit A (the "Local Agency") and
the California Statewide Communities Development Authority(the "Authority"), for the sale and delivery
of the principal amount specified in Exhibit A of the Local Agency's 1995-1996 Tax and Revenue
Anticipation Note (the "Note") to be issued in conjunction with the notes of other Issuers (as hereinafter
defined) participating in the Program (as hereinafter defined), as determined in the Pricing Confirmation
(as hereinafter defined), pooled with notes of other Issuers and assigned to secure a series (the "Series")
of bonds (the "Bonds") designated in Exhibit A;
WITNESSETH:
WHEREAS, local agencies are authorized by Sections 53850 to 53858, both inclusive,
of the Government Code of the State of California (the "Act") (being Article 7.6, Chapter 4, Part 1,
Division 2, Title 5 of the Government Code) to borrow money by the issuance of temporary notes;
WHEREAS, the legislative body of the Local Agency (the "Legislative Body") has
heretofore adopted its resolution finding that the Local Agency needs to borrow funds in its fiscal year
ending June 30, 1996 ("Fiscal Year 1995-1996") in the principal amount set forth in Exhibit A and that
it is necessary that said sum be borrowed at this time by the issuance of a note therefor in anticipation
of the receipt of taxes, income, revenue, cash receipts and other moneys to be received by the Local
Agency during or attributable to Fiscal Year 1995-1996;
WHEREAS, on the resolution date set forth in Exhibit A, the Local Agency adopted (as
specified in Exhibit A) a resolution or resolutions (collectively or singularly, as applicable, the
"Resolution") authorizing the issuance and sale of the Note in the name and on behalf of the Local
Agency;
WHEREAS, the Local Agency has determined that it is in the best interests of the Local
Agency to participate in the California Communities Cash Flow Financing Program (the "Program"),
whereby participating local agencies (the "Issuers")will simultaneously issue tax and revenue anticipation
promissory notes for purchase by the Authority;
VVEWMEAS, under the Program, the Authority will form one or more pools of notes(the
"Pooled Notes") and assign each note to a particular pool (the "Pool") and sell a Series of Bonds secured
by each Pool pursuant to an indenture, dated as of July 1, 1995 (the "Indenture"), by and between the
Authority and U.S. Trust Company of California, N.A. (the "Trustee"), and sell each such Series to
Sutro & Co. Incorporated, as representative of the underwriters of the Program (collectively, the
"Underwriter");
WHEREAS, if so indicated in Exhibit A. the payment by the Local Agency of its Note
will be secured in whole or in part(jointly, but not severally, with notes of the other participating Issuers
assigned to the same Series of Bonds) by a letter of credit, policy of insurance, proceeds received from
a separate bond issue issued by the Authority for such purpose (the "Reserve Fund") or other credit
'01995, Orrick, Herrington &Sutcliffe. All rights reserved.
L.A1-89882.1
instrument (collectively, the "Credit Instrument") to be issued by the entity or entities designated in
Exhibit A as the credit provider (the "Credit Provider"); .
N/IEREAS, such Credit Instrument may be issued pursuant to a reimbursement
agreement, commitment letter, indenture or other agreement (the "Credit Agreement") as identified in
Exhibit A;
WHEREAS, in order to participate in the Program, the Local Agency has agreed to be
responsible for its share of the fees and expenses of the Trustee, and, if applicable, the Credit Provider
and the costs of issuing the Bonds, and the costs, if applicable, of issuing the Credit Instrument, which
anticipated fees, expenses and costs of issuance will be deducted from the purchase price set forth in
Exhibit A and which unanticipated fees, expenses and costs of issuance will be billed to the Local Agency
as the same may arise;
WHEREAS, the costs of issuance which will be deducted from the purchase price set
forth in Exhibit A for the Local Agency shall not exceed one percent (1%) of the principal amount of
each Note; and
WHEREAS, pursuant to the Program, the Authority is submitting this offer to purchase
the Note pursuant to this Purchase Agreement;
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Obligation to Purchase. Upon the terms and conditions and in reliance upon
the representations, warranties and agreements set forth herein, the Authority shall purchase from the
Local Agency, and the Local Agency shall sell to the Authority, the Note, as described herein and in the
Resolution.
Section 2. Purchase Price. _The purchase price of the Note shall be the purchase price
set forth in the pricing confirmation attached hereto as Exhibit A (the "Pricing Confirmation"). The Note
shall bear interest at an interest rate per annum set forth in the Pricing Confirmation, which is hereby
agreed to by and between the Authority and the Local Agency by its duly authorized representative
executing this Purchase Agreement on behalf of the Local Agency.
Section 3. Adjustments to Principal Amount of Note and Purchase Price. The
Authority and the Local Agency hereby agree that the principal amount of the Note purchased by the
Authority and sold to the Authority by the Local Agency pursuant to this Purchase Agreement may be
reduced, as determined by the Authority and each Local Agency, based upon the advice of Orrick,
Herrington & Sutcliffe ("Bond Counsel"), in order that the proceeds produced from such sale of such
Note will be an amount which will not be subject to either (i) yield restriction (in order for interest to
be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the
"Code")) or (ii) a rebate requirement (under Section 148 of the Code). The Authority and the Local
Agency hereby further agree that the purchase price of the Note shall be reduced as a result of any
reduction of the principal amount of the Note required by this section.
Section 4. Delivery of and Pavment for the Note. The delivery of the Note (the
"Closing") shall take place at 8:00 a.m., California time, on the closing date set forth in the Pricing
Confirmation or at such other time or date as may be mutually agreeable to the Local Agency, the
ui-8e882.1 2
Authority and the Underwriter, at the Los Angeles office of Orrick, Herrington& Sutcliffe or such other
place as the Local Agency, the Authority and the Underwriter shall mutually agree. At the Closing, the
Local Agency shall cause the Note to be delivered to the Authority, duly executed and authenticated,
together with the other documents hereinafter mentioned, and the proceeds of the purchase price of the
Note set forth in the Pricing Confirmation shall be deposited in an amount indicated in the Pricing
Confirmation as the Deposit to Proceeds Fund which shall be held by the Trustee for the Local Agency
and the remainder in the Costs of Issuance Fund held thereunder.
If at any time prior to 90 days after the Closing Date, any event occurs as a result of
which information relating to the Local Agency included in the official statement of the Authority relating
to the Series of Bonds to which the Note is assigned (the "Official Statement") contains an untrue
statement of a material fact or omits to state any material fact necessary to make the statements therein
in light of the circumstances under which they were made, not misleading, the Local Agency shall
promptly notify the Authority and the Underwriter thereof, and if, in the opinion of the Authority or the
Underwriter, such event requires the preparation and publication of a supplement or amendment to the
Official Statement, the Local Agency shall cooperate with the Authority and the Underwriter in the
preparation of an amendment or supplement to the Official Statement in a form and in a manner approved
by the Authority and the Underwriter, and all reasonable expenses incurred thereby shall be paid by the
Local Agency.
Section 5. The Note. The Note shall be issued in substantially the form set forth in the
Resolution, without coupons in the full principal amount set forth in Exhibit A.
Section 6. Representations and Warranties of the Local Agency. The Local Agency
represents and warrants to the Authority and the Underwriter that:
(a) All representations and warranties set forth in the Resolution are true and correct
on the date hereof and are made for the benefit of the Authority and the Underwriter as if set forth
herein.
(b) The information relating to the Local Agency included in the Official Statement does
not contain any untrue statement of a material fact or omit to state any material fact necessary to make
the statements therein in light of the circumstance under which they were made not misleading.
(c) A copy of the Resolution has been delivered to the Authority and the Underwriter,
and the Resolution will not be amended or repealed without the consent of the Authority and the
Underwriter, which consent will not be unreasonably withheld.
(d) The Local Agency acknowledges that the Authority is authorized to execute the
Indenture, to assign the Note to the Trustee under the Indenture and to issue the Series of Bonds pursuant
to the Indenture.
(e) The Local Agency shall provide the required Payment Account Deposit Certification
(upon a request therefor) in accordance with Section 5.06 of the-Indenture.
Section 7. Conditions Precedent to the Closing. Conditions precedent to the Closing
are as follows:
(a) The execution and delivery of the Note consistent with the Resolution..
•
L.AI-89882.1 j
(b) Delivery of a legal opinion addressed to the Local Agency (with a reliance letter
addressed to the Authority and the Underwriter), dated the date of Closing, of Orrick, Herrington &
Sutcliffe ("Bond Counsel") with respect to the validity of the [Mote in form and substance acceptable to
the Authority and the Underwriter.
(c) Delivery of a legal opinion, dated the date of Closing, of counsel to the Local
Agency, with respect to the due authorization, execution and delivery of the Note, in form and substance
acceptable to Bond Counsel.
(d) Approval by the Credit Provider of the credit of the Local Agency and inclusion
of the Local Agency's Note in the assignment, together with notes of other Issuers, to a Series of Bonds,
to secure the Series of Bonds, which approval in the event the Credit Instrument is the Reserve Fund shall
be evidenced by the issuance of an "SP-1+" rating with respect to the applicable Series of Bonds by
Standard & Poor's Ratings Group.
(e) Delivery of each certificate, document, instrument and opinion required by the
agreement between the Authority and the Underwriter for the sale by the Authority and purchase by the
Underwriter of the Series of Bonds to which the Pooled Note is assigned.
(f) Delivery of such other certificates, instruments or opinions as Bond Counsel may
deem necessary or desirable to evidence the due authorization, execution and delivery of documents
pertaining to this transaction and the legal, valid and binding nature thereof or as may be required by the
Credit Agreement, as well as compliance of all parties with the terms and conditions thereof.
Section 8. Events Permitting` the Authority to Terminate. The Authority may
terminate its obligation to purchase the Note at any time before the Closing if any of the following
occurs:
(a) Any legislative, executive or regulatory action (including the introduction of
legislation) or any court decision which, in the judgment of the Authority, casts sufficient doubt on the
legality of obligations such as the Note, and the tax-exempt status of interest on obligations such as the
Bonds, so as to impair materially the marketability or to reduce materially the market price of such
obligations;
(b) Any action by the Securities and Exchange Commission or a court which would
require registration of the Note, the Bonds or any instrument securing the Note or Bonds under the
Securities Act of 1933, as amended, in connection with the public offering thereof, or qualification of
the Resolution or the Indenture under the Trust Indenture Act of 1939, as amended;
(c) Any restriction on trading in securities, or any banking moratorium, or the
inception or escalation of any war or major military hostilities which, in the judgment of the Authority,
substantially impairs the ability of the Underwriter to market the Bonds; or
(d) The Underwriter terminates its obligation to purchase the Series of Bonds to
which the Note is assigned pursuant to its agreement with the Authority for the purchase of such Series
of Bonds.
Neither the Underwriter nor the Authority shall be responsible for the payment of any
fees, costs or expenses of the issuance, offering and sale of the Local Agency's Note except the
LAI-89882.1 4
Underwriter shall be responsible for California Debt Advisory Commission fees and for its own internal
. costs. The fees, costs and expenses that are categorized in the "Costs of Issuance" definition in the
Indenture shall be paid from the Costs of Issuance Fund. The Local Agency shall pay any additional .
costs attributable to it as set forth in the Resolution other than the fees, costs and expenses so payable
from the applicable Costs of Issuance Fund.
Section 9. Indemnification. To the extent permitted by law, the Local Agency agrees
to indemnify and hold harmless the Authority and the Underwriter and each person, if any, who controls
(within the meaning of Section 15 of the Securities Act of 1933, as amended, or of Section 20 of the
Securities Act of 1934, as amended) the Authority or the Underwriter, and the officers, directors, agents
and employees of the Authority and the Underwriter against any and all losses, claims, damages,
liabilities and expenses arising out of any statement or information in the Preliminary Official Statement
or in the Official Statement(other than statements or information regarding an Issuer other than the Local
Agency) that is untrue or incorrect in any material respect or the omission or alleged omission therefrom
of any statement or information (other than statements or information regarding an Issuer other than the
Local Agency) that should be stated therein or that is necessary to make the statements and information
therein not misleading in any material respect.
Section 10. Credit Aggreernent. The Local Agency shall comply with all lawful and
proper requests of the Authority in order to enable the Authority to comply with all of the terms,
conditions and covenants binding upon it under the Credit Agreement.
Section 11. Notices. Any notices to be given to the Underwriter under the Purchase
Agreement shall be given in writing to Sutro & Co. Incorporated, 555 South Flower Street, Suite 3400,
. Los Angeles, CA 90071, Attention: Catherine W. Bando. Any notices to be given to the Authority
under the Purchase Agreement shall be given in writing to the Authority, 1100 "K" Street, Suite 101,
Sacramento, CA 95814, Attention: Secretary. Any notices to be given to the Local Agency shall be given
in writing to the address specified in Exhibit A.
Section 12. No Assignment. The Purchase Agreement has been made by the Local
Agency and the Authority, and no person other than the Local Agency and the Authority or their
successors or assigns and the Underwriter_ shall acquire or have any right under or by virtue of the
Purchase Agreement. All of the representations, warranties and agreements contained in the Purchase
Agreement shall survive the delivery of and payment by the Authority for the Mote and any termination
of the Purchase Agreement.
Section 13. Applicable Law. The Purchase Agreement shall be interpreted, governed
CP
and enforced in accordance with the laws of the State of California.
Section 14. Effectiveness. The Purchase Agreement shall become effective upon the
execution hereof by the Authority and execution of the Pricing Confirmation by the Local Agency, and
the Purchase Agreement, including the Pricing Confirmation, shall be valid, binding and enforceable from
and after the time of such effectiveness.
Section 15. Severabilitv. In the event any provision of the Purchase Agreement shall
be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof.
LAA-89882.1 5
Section 16. Headings. Any headings preceding the text of several sections hereof shall
be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall thev
affect its meaning, construction or effect.
Section 17. Execution in Counterparts. This Purchase Agreement may be executed
and entered into in several counterparts, each of which shall be deemed an original, and all of which shall
constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Purchase Agreement to
be executed by their duly authorized representatives as of the Purchase Date set forth in Exhibit A
attached hereto and incorporated herein..
CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY
By
Member of the Commission
of the Authority
G
L..11-89882.1 6
Exhibit A
Pricing Confirmation Supplement
Local Ag y City: Ci of Atascadero
Pricing Information
Principal Amount of Note: $1,210,000
Interest Rate on Note: 4.75%
Re-Offering Yield: 4.05%
Net Interest Cost (%): 4.13%
Default Rate: 5.75%
Purchase Price: $1,217,091
Less: Cost of Issuance: 0.713% (8,629)
Credit Enhancement: 0.150% (1,815)
Deposit to Note Proceeds Account: $1,206,646
Imnortant Dates
Resolution Date of Local Agency: 05/23/95
Purchase Date: 06/22/95
Closing Date: 07/06/95
Maturity Date: 06/30/96
Repayment Date: 06/27/96
First Pledge Month Ending: January
Pledge Amount: $633,259
Pledge Percentage: 50.00%
Second Pledge Month Ending: April
Pledge Amount: $633,259
Pledge Percentage: 50.00%
Third Pledge Month Ending: 0
Pledge Amount: $0
Pledge Percentage: 0.00%
A-i
By initialing the box at the end of this paragraph, the undersigned Local Agency
certifies that, in connection with the issuance of the Note under the Resolution and after reasonable
inquiry, it is the reasonable expectation of the Local Agency that the aggregate amount of all tax-exempt
obligations (excluding private activity bonds) issued or to be issued by the Local Agency during the 1.995
calendar year, including the Note, all other notes and bonds, and all tax-exempt leases, executed or
delivered during the 1995 calendar year will not exceed $5,000,000 (See Section 3.8 of the Certificate
of the Local Agency if the Local Agency is unable to make this certification) . . . . . . . . . . .�
Investment Alternative-Initial the appropriate box relating to the investment of proceeds
ZD
received from the issuance and delivery of the Local Agency's Note:
Initial
One Box
Yes, the undersigned directs the Trustee to invest the proceeds
received from the issuance and delivery of the Local Agency's Note
in the Guaranteed Investment Contract described in Attachment I.
(Do not wire the proceeds as previously directed in Section 4.7 of F-1the Certificate of the Local Agency.) Yes
No, do not invest the proceeds received from the issuance and
delivery of the Local Agency's Note in the Guaranteed Investment
contract, wire the proceeds as directed in Section 4.7 of the
Certificate of the Local Agency. No
IN WITNESS WHEREOF, the Purchase Agreement, including this Pricing Confirmation,
is agreed and accepted to on the Purchase Date set forth above.
CITY OF ATASCADERO
\" '� ;V�_
By -31
Authorized Representat e
•
LAI-SQXX2.I A-2
REPORT TO CITY COUNCIL Meeting Date: 06/27/95
CITY OF ATASCADERO Agenda Item : C- 7
Through: Andy Takata, City Manager
From: Lee Price, City Clerk
4
SUBJECT:
Changing the date for general municipal elections.
RECOMMENDATION:
Adopt Ordinance No. 288 on second reading.
BACKGROUND:
On May 9, 1995, the City Council directed staff to come back with an
ordinance changing the date of the regular municipal election from June to November.
DISCUSSION:
If adopted, the ordinance will become effective on July 28, 1995. State Law
requires that the Board of Supervisors approve the ordinance before it is enacted. The
matter will, therefore, be taken to the Board on Tuesday, July 1 1 th with a
recommendation from the County Clerk to approve.
Within thirty days after the ordinance takes effect (or by August 27th), a notice
will be sent to each registered voter in the City informing them that the election date
has been changed and that, as a result, terms of office will be changed.
Attachments: Ordinance No. 288
11*4?4�
ORDINANCE NO. 288
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO, CALIFORNIA, AMENDING SECTION 2-14.01
OF THE ATASCADERO MUNICIPAL CODE AS IT RELATES
TO WHEN GENERAL MUNICIPAL ELECTIONS WILL BE HELD
THE CITY COUNCIL of the City of Atascadero, .California, does ordain as
follows:
Section 1 . Section 2-14.01 is amended to read as follows:
Section 2-14.01 . Held when.
Pursuant to the authority_granted by the State, the City shall hold
its general municipal election on the same day as the statewide deet
ima general election. The date for said election is the first Tuesday
after the first Monday in June November of even-numbered years, unless
otherwise designated by the State.
Section 2. The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News, a newspaper
of general circulation, printed, published and circulated in the City in
accordance with Section 36933 of the Government Code; shall certify the
adopting and posting of this ordinance and shall cause this ordinance and this
certification together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 3. This ordinance shall go into effect and be in full force and effect at
12:01 a.m. on the 31 st day after its passage.
Section 4. Within thirty (30) days after this ordinance becomes operative,the
City Clerk shall cause a notice to be mailed to all registered voters informing the
voters of the change in the election date. The notice shall also inform the
voters that as a result in the change in election date, elected city officeholders'
terms in office will be changed.
On motion by Councilperson and seconded by Councilperson
, the foregoing ordinance is hereby adopted in its entirety on the
following roll call vote:
Ordinance No. 288
Page 2
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
R. DAVID BEWLEY, ;Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
''
0 F' 1,i _4