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HomeMy WebLinkAboutAgenda Packet 06/27/1995 i - PUBLIC REVIEW COPY Please do not mmy from Ccwnter AGE-NDA 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 CC 06/13/95 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 CC 06/13/95 Page 2 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. CC 06/13/95 Page 3 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 CC 06/13/95 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 CC 06/13/95 Page 5 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 CC 06/13/95 Page 6 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. CC 06/13/95 Page 7 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. CC 06/13/95 Page 8 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) CC 06/13/95 Page 9 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. CC 05/23/95 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. CC 05/23/95 Page 2 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. CC 05/23/95 Page 3 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 CC 05/23/95 Page 4 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 CC 05/23/95 • Page 5 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 CC 05/23/95 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 CC 05/23/95 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. CC 05/23/95 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 CC 05/23/95 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. CC 05/23/95 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 CC 05/23/95 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. o o d 1 e O (V W � P O J �F O d O N3\V , II dial a � }� W o P P2 W O -J O Q (n q `6 Q �O z W , O a ¢ 0 N e o a J O w F � U n W Z J 1 r W DU p Z U W N U W z z > ¢ 4 > ¢ U ~ r F ac ` 321 NV VS nN3n S tl � Ptiy ti N P ,0 'jam Jys Cw.7 \� Q C � Q 1 c' C) rd Q b Z U w o j v U Qw :D • Q Q � 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 • U o LL V //1 Z ty O 'g NLO N 0LO T I = Q g. 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F}-C)C LL I I 7 I I L I I W z I. :5 J O W _ t V U) W I I MQ I I W I • 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. :ESSIp s N E�01199] ` ! 1p o �� Of CRL�F 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 c a � N o 0 rrTr y (r Ch W c LL Q cuU • m co Cl- W a m U) V) o 0 0 Q N Q J L11 v) co Cf) t7 cric T \ CO "t C CM LO Za LL CC O 0 m m 0 O W 0 o w m O Z =) r- O W Q W o CC M ) m ° m u O n U = x o � ucoe C Cl) CC c � W O } H i CO x im W • CL o W N cri i ''6 � Ri O c+i m W Z J, Z x _ a N LIE U W C) ¢ Z § Z b ui co .° >- O CC4 - c� = O '� 0 O W .__Icr U— H o < Q V U)LO LL a, U � GQ U e p coo O v N 01 N G co o *cc m N a r^i O O c a z 0 z aD W c� o 11 0 W4a ZD c Zz CO 4a QX N W O of = Q '' E o ».. � 05911s3n H V o N �� � • c W Z M R{ J N c A N 0 O 0 !! 0 x U... O o C* .� U _ o uu a U) H O cv V 0 x U � U O O 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 ♦ x o It b z z Q 3 P W P y z � w � J W N � � D � o 'V m 0 7N �y w z fqn c E3 ® rn m ci x btp z -i w cn -n _ f� � v C D m o �^^ �i b" p O C0 a r -n O 6 cry N C A V O z � Cl) (j) co rn g — z tTf,. r----------=-------- , W 1 > i f � Cl)ill C1) 1 t r m ; a I ,1 �n r O m. -� i 61 or�j' o J o a x • � tf .It � �_ p II � W j0 fn f 1 ! I li 1f It 11 li it � I I f I VESTIBULE 1 a I o x (A oz I Q t � I � N z � Y` all N N �� � N = a tN d A W � � MAY 16 '95 05i44PM FORENSIC ANMLYTICAL P.1i9 WZE; NS3EC A-4Z Z-%.L-)t''I' DECAI. 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 -- H-29 B-31 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 -- - - H-34 H-35 UC) _ H-42 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: 13 TEM Bulk Quandtative Site: !'t1 olvie 7-EiVpL6- [3 TEM Water Sample Date Number Collected Sample Location/Description f,1 -d 5`1z�}5� Jt l � Jul Uu4't70l�1 -AA45U, y-Oz '' f51T" ST► r. o�� 2r�s� on� -Q Zl LAD d X11 �/- 0-7 rl tf ii of Relinquished By; Received 8y: Datef7'ime: Date/Time Relinquished By: Received By. D atemm e: D atefrime • SF: 3177 Depot Road, Hayward, CA 94545. to 19443 Laurel Park Road, Rancho Dominguez, CA 90220_ v rlt[LI YJ LL-- HVIU-1-1 11lHL P.1/1 Forensic Analytical BULK Request Form � Mail Directly to Client 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 P.Q_ # Client Job #: L] TEM Bulk Qualitative Results Needed: [3 TEM Bulk Quantitative Site: [❑ TEM Water Sample Date Number Collected Sample Location/Description ° 5')-Z-4 S SThook �f'10 hp-sr fzc cvz e65rAoY45 � n M Fie' Z' )PLOWe W#U5 he- rIDQ6D PU)STOZ -jcf hAV hcxYz ,Oilvl,%6 j?wm CLRun.6 1�x14 P-6p-wv Z Relinquished By: Received By: •� DateTime: Datemm e {,✓� Relinquished By- Received By. Datelilme: Datemme Sp: 3777 Depot Aoad, Hayward, CA 94545. LA: 19443 Laurel Park Road, Rancho Dominguez, CA 90220L MAY 16 b5=47PM FORENSIC ANALYTICAL P.6r9 r )Forensic Analytical BULK Request Form � Mall Directly to Client 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 P.O. # Client Joh #: ❑ TEM Bulk Qualitative Results Needed 3 TEM Bulk Quantitative Sitie: 13 TEM Water -- Sample Date Sample Location/Description Number Collected -20D LOO rZ •Z't �' r .4 l )e, WA�,L� r LAST' Relinquished By: Received By'. DateJTime; Datet7ime Lf.JI Relinquished By: Received By: Date/Tima: DateMme SF; 3= Depot Road, Hayward. CA 94545, LA: 19446 Lai cel Park Road. Rancho Dominguet, CA. 90220• 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 Site. E3 TEM Water Sample Date Number Collected Sample Location/Description l 4•Z7 t ' MAIW PWV- 1'442 PSP 2 ` ) }� M41N 00 _CSM Re[inqulshed By: Received By: Date(Time: Date/Time Relinquiahed By: Received By: Datelrme: Date/Time 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; Q TEM Dulk Quantitative Site: (:I TEM Water Sample Date Number Collected Sample l.ocationlaescription YM Root )?U6t5eP, 60 1 •3 j , 6 Y RooF 9-35 7 5 r vra�Ut L Pc.ST Fe 9, ! ! 6tYM T s L)No1,r.' 'A wpM�s I 1 67YM REST Room twoLvnA IN417.F 39Lw-Ou Relinquished By: Received By: D atefrim e: D ate/Tim e RealinquiWed By: Received By: DatelTima. Date/Time SF—. 3777 Depat Road. Hayward, CA 94545. LA: 19443 i-aurel Park Road, Rancho Dominguez. CA goo- •, �� u r kArkulalk- H13HLY 11.Cf-1L H.91/9 t 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 P.O. # Client Jots 0: 13 TEM Bulk Qualitative Results Needed: 13 TEM Bulk Quantitative Site: E] TEM Water - Sample Dste Number Collected Sample LocatiaralDescription � rva�a pill • Relinquished By: /%'1. R Received By: Date/rime., 1 1 ••00 Daterrime Relinquished By: Received By: DatalTims: Daterrime $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 „II III,!" ,1111,,1 `,1l 111, 1 `111111, I ,111111, \I `1.11!11, \I ,.1i/�., \I `t•�!!I,I ,,!!f/ I `11!!L, I ,11111 I VIII. 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T a) p Cl •'—' �' J J ` ssbo ON fes ; of N Mcq YJ ~O •> 41 :���f��..w ^tom..•ay»:rte:.. ^�. :����.� ��.;, ^•r..�.^�'^.�.;- ;�.r�:: ^rz.>� ^n^ ^rn.^ --.J �:' y,.1 /1:\Zf/I;�� r;;\if/:flair,,\if/ '\ii/i'1Cf/t;\�f/ .\Cf/�W1�f/��\lf/�'•�f4 Cf �f Zf .;:n..»..«.:>:�.»»./ , -cam��J�����Ji����J� J I I, 1\ r 1 r;11 /;;1 r �1 f%�;1\f/ lif.» ,f .';f'., `f .'`f'. \f >'\f•1' r,:, ._ --.a\ , /U ,,!/IIID ,! , \, ! \ / \ / \ / \ .,., .;., � �;•:, �J U.,,�J L/- _-5 -'.',n!+`.:`6'•'.•'•'!ildl`�•\;�'�.!11„��.,`'r`;',,/!1\>•.• //1`11\,..� ,/llll\\�. ,,!/(,11\ ,.//l l\\ ,.,4/Pl1\� '�l/11\\�. '',�!/lilU1;`:,','•'%///Ill\\1,..,;;%!!/I�101 ,.�///'1\1��.. ,'!�/// \\\��:: %�//�_:=2 -'Ii i1.��,,i li>` I ill/>�KI '111,: iIC 11 ,>��i♦ � iC'> �7/\tom. �;\ � -� �r It..�,., 11�1��'�'-•' '�li�l,!��'>�':�,;�,Illlfl�`,�;`'.�'�i`)!��'�:� Il ll',i >�`�...,,-''tirri�..,1 I 1jj11 I '111: Zf" `�'51,�%��Zfr iI�S'' 1„•'"'il\ 1' 1,�%C � iIC'�.,,,,> iC ., ,,1 .ii. �''..S!i� `i, '�.�...,✓''1, �' 1 i I �'',i i 1 1� I 1 1 �I\ 1 1,�� ilk ''Iii 1. 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 i LL L CO � o N CD r- N LO 1,T' /R W W v cc Q Q O Wa � mOv O I J • � I � W T w I I m I `) LL , a =� I � a I � -77 I � I I ZwQ a- _ "0 �+ �o 0 F Lap p w � ` V � WJ w J ?U 3 w Uu UV g a a C) i p x �7"J j� Q J�' 01l.a. Q� Youth Center/ Skate Park Rec Ldr Payrate 57 -- --------- - - --- --- ---------------------------- � , r----------------------- #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