HomeMy WebLinkAboutAgenda Packet 03/26/1996 * PUBLIC RVIEW COPY •
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ATASCADERO CITY COUNCIL ftm
REGULAR MEETING
MARCH 26, 1996
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4T" FLOOR ROTUNDA`ROOM
7:00 P.M.
George RaY George Harold David
Luna Johnson Highland Carden Bewley
This agenda is prepared and posted pursuant to the requirements of Government
code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its
intent to discuss and act on each item. In addition to any action identified i7 the brief general
description of each item, the action that may be taken shall include: A re nal to staff with
specific requests for information;continuance,specific direction to staff cor ceming the policy
or mission of the item; discontinuance of consideration; authorization to enter into
negotiations and execute agreements pertaining to The item; adoption or approval; and,
disapproval
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Roo 208) and in the
information Office (Room 103), available for public inspection during City H //business hours.
The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need special assistance
to participate in a City meeting of other services offered by this City, pleas contact the City
Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-5974. Notification
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.
CLOSED SESSION - 6:30 P.M. (4' Floor Club Rm.):
1. CONFERENCE WiTH LABOR NEGOTIATOR:
Agency negotiator: City Manager
Employee organizations: Management; Mid-Management/Professional; Fire
Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero Police
Officers Assoc.; Atascadero Public Safety Technicians Orgn.; ervice Employees
Intl. Union; Confidential Employees
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation: One (1) case
REGULAR SESSION - 7:00 P.M.: (Please see Rules of Public Parti i 6on, back page)
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PROCLAMATIONS:
• "Month of the Child", April 1996
• "Teen Pregnancy Prevention Month", April 1996
COMMUNITY FORUM
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 removedfromthe Consent Calendar, which
shall then be reviewed and acted upon separately after the adoption of the Consent
Calendar.
1. APPROVAL OF WARRANTS - February, 1996
(Staff recommendation: Approve)
2. BRIDGE DESIGN CONSULTANT SELECTION COMMITTEE FOR THE GARCIA AND
SANTA LUCIA/LLANO BRIDGES
(Staff recommendation Make recommended appointments)
3. RESOLUTION NO. 23-96 - Authorizing contract with Xerox Corp. for an operating
lease of photocopying equipment
(Staff recommendation: Adopt)
4. RESOLUTION NO. 20-96 - Authorizing Memorandum of Understanding with the San
Luis Obispo County Narcotics Task Force for effectively enforcing the controlled
substance laws of the State of California
(Staff recommendation: Adopt)
5. RESOLUTION NO. 21-96- Authorizing retirement of Police Department canine,
Rommel
(Staff recommendation: Adopt)
6. RESOLUTION NO. 22-96 Appointing'a youth representative to the Parks &
Recreation Commission
(Staff recommendation,: Adopt)
B. PUBLIC HEA INGS: None scheduled.
C. REGULAR BUSINESS:
1. REPORT FROM S.L.O. COUNCIL OF GOVERNMENTS ON LAFCO ISSUES
(S.L.O.C.O.G. recommendation. Accept report)
2. FINAL DRAFT S.L.O. COUNCIL OF GOVERNMENTS NEO TRADITIONAL PLANNING
"MODEL" ORDINANCE
(S.L.0.C.0..G. recommendation: Endorse as implementation tool for design options)
3. ORDINANCE NO. 299 - Amending Map 23 of the official zoning maps by rezoning
certain real properties at 9244-9248 San Rafael Rd. from RMF/10 to RMF/10 (PD7)
(ZC 94007 O'ReillyNaughan)
(Planning Commission recommendation: Motion to adopt on second reading by title
only)
2'
4. ORDINANCE NO. 301 Amending the official zoning maps by rezoning certain real
property at 6625 Navajoa Ave. from CP (Commercial Professions to RMF 10
(PD#7) (ZC 95-010; Gearhart)
(Planning Commission recommendation: Motion to adopt on sec+d reading by title
only)
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.):
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
2. City/School Committee
3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group
4. Economic Round Table
5. Finance Committee
6. Air Pollution Control District
7. North County Council
8. Ad Hoc Regional Water Management Committee
9. Integrated Waste Management Authority
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City_Clerk
4. City Treasurer
5. City Manager
3
RULES OF PUBLIC PARTICIPATION:
The City Council welcomes and encourages your ideas and
comments as a citizen. To increase the effectiveness of your
Participation, please familiarize yourself with the following rules of
decorum:
0 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).
0 Persons wishing to speak should step to the podium and state their name and
address, for the official record.
0 All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof:
0 No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
O A person may speak for five (5) minutes.
O No one may speak for a second time until everyone wishing to speak has had
an opportunity to do so, and no one may speak more than twice on any item.
0 , Council Members may question any speaker; the speaker may respond but,
after the allotted time has expired, may not initiate further discussion.
0 The floor will then be closed to public participation and open for Council
discussion.
COMMUNITY FORUM:
0 The Community Forum period is provided to receive comments from the public
on matters other than scheduled agenda items.
0 A maximum of 30 minutes will be allowed for Community 'Forum, unless
Council authorizes an extension.
0 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.
"MONTH OF THE CHILD"
Ayril 1996
WHEREAS, The children and youth of son Luis Obispo county are reci,gnizied as an important
and vital yart of our community and are embraced as our most precious investment now and in the future;
and
WHEREAS, April, the Month of the Child, is a national celebration joa public attention on
the needs of children, youth and their families,padicularl their need for yrograms o kdh rtua y;,and
WHEREAS, saturday, Aydl 13, 1996, will commemorate the 18th "Day of the Child"
celebration during Children's Day in the Plaza, a day where children and familiesU,teract with the agencies
and yroBrams yravMing services throughout son Luis obspo County; and
WHEREAS, The activities of this day and month willyrovide they ity to recognize quality
youth and early childhood yrograms and providers in our community and to honor th r efforts to improve the
quality, availability and accessibility o f such yrogrmms and
WHEREAS, Community Partners in Child Care, Family child Care ciation of San Luis
Obispo County and the commission on children and Youth work cooyerative y to a ordinate the events and
activities of the Day and Month of the Child;
NOW, THEREFORE, I George Highland, do hereby yroclaim Ayril 13 1996 as the 'Day of
the Child" and Ayril 1996 as the "Month of the child" and encourage the commuidy to take time to really
watch, listen and appreciate the children and youth of your family and of our commaty.
GEORGE P. HIGHLAND, Mayor
City of AUSCadero, Cabo im
March 26, 1996
Mesa
County of San Luis Obispo �
11290 MILL FIREET,SUITE B ■SAN LUIS OBISPO,CA 43305 UM■(805)781-4300
C MCE OF THE
COUNTY AMTLSTRATOR
risk m0mgment Division
TO: CINDY HOLTON
CITY OF ATASCADERO
FROM; JANE BRENNAN-MCGOVERN
CHILD CARE COORDINATOR
DATE: MARCH 18, 1996
SUBJECT: APRIL-MONTH OF THE CHILD PROCLAMATION
Please include the following proclamation with the app ropriaw changes on your March 26,1 ON City Council
agenda.
Keily Ware, the Rwreadon Supervisor for the City of Atascaderc Community Services will be the
representative from Community Partners in Child Care who wiU be acwpft the Month d the Child
Proclarnation during the City Council meeting on March 26. She plans to have some school-age children
from her program with her to accept the proclamation. Kelly pians to present each Council member with
a Month of the Child flyer, a Community Partners in Child Care brochure, and a 'Celebrate Children" pin
and ribbon.
Thank you for your support and for processing this proclamation for me. if you have any question,please
contact me at 781-4300.
. .-THE "NOT NOW" CAMPAIGN
WHIEREAS, Teen Pregnancy Prevention Month will be honored: many, ;
communities,tbroughoutthe United States during',the,montLbf ` • ;-..and
WHEREAS, a.call: or awareness,to the need Teem Pregnancy rev= On'IS
berg made by r
xi
•'1nCiY'asing aWarelless o ;tHe consequences:o�'teen seXua�
gtennorsx:enaoura and;suPo encu
drawiiag awareness'.to the'barrage,o sexual messages iven> aur}youth ' f
•.fostering commumcatnonbetween:teens,;i"amilieg un nes � a
x �
1WHEREAS; OCHeQ1th &rvices,: ducation Department'isacoo ting tHis ,
`community awareness a&rt•in conjunction with=other.community envies, service
organizations, parents, schools,, businesses, medical professionals,.c orches, and
• local government;-and
WHEREAS, we are aging to.deirionstrate a commitinent.to woogetlero
the well being and heeltH'0,Our youth'- a=lie .o tliWlnlsuse of durun tthe `
month-long:campaion,
LET IT;THEREFORE; BE-RESOLVED, that the City of A cadero does r
Hereby. proclaim the me�nth oy'April;:I99 as
TEEN,,PREGNANCY PREVIENTTON:MO `4
t,4
and encourages.the citszens offlys city to participate in teen.preg ey preventnon:
activities for the.sahe:.of atchildren, born and unborn,,and-the 'ty.ab"life or-"all ��...
citizens.
03/26/96 a Aa�
. .
Date Mayor
f 06 HedlAh ServleeS
HEALTH AND EDUCATION FOR ALL AGES
l �,
191996
s ,
CITY OF ATASC0ER4
CITY CLERlt`So FFICE
March 14, 1996
Dear Council Members,
r itis'April will lc'3ttOi�ietily be celebrated caS eii ► i't�C�Jur�j.` eJ ,:�iioi a iitli iii.
We are asking for your supportof this important campaign by a declaration in '
your city of April as
TEEN PREGNANCY PREVENTION MONTH.
Your endorsement validates the need for community members, organizations
and institutions to openly communicate with teens about their sexual choices
and the values and aspirations we hold for their future. It is an opportunity to
provide activities and events that draw attention to the problems of teen
pregnancy and it's impact on a teen's future and, in turn, that of our country.
The enclosed statistics substantiate this need. As,a community, we can
develop positive ways to help prevent teen pregnancy.
Please, when you make a.-decision, let us know when to receive this
proclamation from your council. If you have any further questions in regards
to this matter, feel free to callus. We can be reached at 544-2484 or by
voice mail 544-4355,exten. 322.
Sincerely,
Huth Wilhelm, Health Educator
Teen Pregnancy Prevention Coordinator
705 GRAND AVENUE ` SAN Luis OBISPO, CA. 93401 PHONE 805.544.2478 ' FAX 805.544.3649 .
TEEN PREGNANCY STATISTICS
• By age 15, 33% of teens have become sexually active, by age 16-19, 53-79% are sexually active.
• The earlier teens begin dating the earlier they begin participating in sexual activity.
• Alcohol and other drugs are implicated in at least 64% or more of teen sexual activity.
• In 1990, 1/4 of all sexually active 12th graders reported four or more sexual partners.
• Some 74% of girls who have had intercourse before age 14 and 60%of those who had intercourse
before age 15 have done so involuntarily. Two-thirds of pregnant and parenting teens surveyed in a
recent study had been molested, raped or been victims of attempted rape.
• On average, 1/10 sexually active females aged 15-19 become pregnant each year. In san luis obispo
county there were 247 babies born to teens in 1995.
• Among births to women under age 20 in California in 1990, over 50% of the fathers were between
the ages of 20 and 24; 17% were age 25 and older; and only 33% were fathered by teen men.
• Two-thirds of all young women use protection during their first intercourse, but one in five teens
and one in four low-income teens use no method on a regular basis.
• Among sexually active teens, 50% of first pregnancies occur within six months of first intercourse,
regardless of contraceptive use; 20% occur in the first month alone.
• Of teen pregnancies, 85% are unintended, but pregnancies among higher Income teens are more
likely to be unintended than those among poor and low income adolescents.
• Teen pregnancy rates are substantially higher in California than in the U.S , with an annual rate of
154 per 1,000 women aged 15-19, compared to a national rate of 111.
• The most common reason teens give for not using contraception include: they didn't expect to have
sex; they didn't think pregnancy would occur, and didn't know where to get birth control.
• White teens are more likely to resolve an adolescent pregnancy with an abortion than with a birth.
In comparison, approximately 60% of African American teenagers and 75% of Latina teenagers
choose birth over abortion. Only 4% of teen mothers have their babies adopted.
• 1/5 of the births to teens represent a repeat birth during the teen years.
• Teen pregnancy increases the chances of birth defects (that contribute to America's high infant
mortality rates) and/or a low birth weight baby (who then has a 2.5 times greater frequency of
requiring special education).
• Teen pregnancy and parenthood are major causes of school dropouts, making teen moms the
group at greatest risk of long-term welfare dependency.
• 1/2 of people in prision were born to teen moms. The rate of suicide for teen mothers is ten times
higher than for other teens. Teen marriages have a divorce rate 3 times higher than those who
marry at age 20. Main issues for teen moms are childcare, transportation and parenting skills.
• California needed to provide 2,552 kindergarten classrooms In 1995 just to accommodate the
children born to teen mothers in 1990 at an annual cost of$340,560,000.
• Annually, 76 bi Ilion dollars are spent by U.S. taxpayers for families begunby`teens.
San Luis Obispo County
'Peen Mirth Statistics by City and Age
1995
Total Total
/-15 15 16 17 18 19 Total 17 18
ArruyoGnmde 1 7 8 9 25 8 16
Atascadero 2 3 4 11 19 39 9 20
Avila !leach 0 0
Cambria 2 1 2 5 2 3
Cay ucus 1 1 0 0
Creston 0 0
Grover Beach 5 2 6 3 11 27 13 16
I Ais(_); Is 1 2 6 2 11 3 9
Mumu Bay I 4 1 6 6 6
Nipomo 1 1 4 .3 9 2 6
Uceimu 5 2 7 7 21 7 14
I'aso Robles 1 1 4 9 18 17 50 15 33
I'Isnw Beach 1 1 1 3 1 2
S;ur LIIIs Obispo 1 6 4 5 l3 29 11 16
';an Miguel 1 1 1 1
,;all 51111con 1 1 0 1
'lama Margarita 1 2 3, 3 3
Shaildon 1 1 2 i _ 1
Shell Beach 0 0
Templeton 1 3 1 6 3 14 5 11
Total 1 13 29 42 73 89 247 87 158
Nor th County l 5 10 16 37 40 109 32 69
C'cntrai Coast 3 10 9 13 18 53 22 35
Sohl!►County 5 9 17 23 31 85 31 54
HAD IIIS HORN'1'U ITUNS(13-19) UY CITY IN SLO COUNTY
_. 1995 1991 199J 1991 1991 1990 1989 1988 1987
A rr op Grande 25 24 26 29 22 18 14 12 9
Aluscarlero 39 A 34 31 36 44 32 24 .23
Avila Beach U (1 U 2 1
Cumbria 5 4 7 7 5 8 4 2 1
Cayrrcos t U 4 3 3 3 2 2
l:reslorr 0 4 U 3 3 1 2
Gruver City 27 ?ai 24 19 16 31 17 13 13
a
cls Uses 11 9G 12 12 15 13 4 4-
Mol I o
-Morro Ilay 6 7 lU 5 14 9 3 5 4
N11►unur 9 11) 4 4 8 9 7 10 5
i.k:curru 21 1717 12 17 27 17 19 17
Porro Robles 50 711 49 -- 49 68 59 38 41 18
1114nru Ueach 3 4 5 7 3 3 4 4 4
Buri Luis Obispo, 29 2U 2U 1G 24 23 17 12 11
flim Miguel 1 3 U 6 3 4 � 3 2
Suit 6111leon 1 2 2
Bnnirr Margarita 3 I U 3 6 5 2
8111110011 2 2 3 2 2 i 1
fihell Beach U Il U 1 1
4 5
'15�1111�1�u 1; 3 3 3 5 6 3
Irr1ai 247 237 214 21U 249 264 178 . 159 121
lyy5 1 911 1993 1992 1991 1990 1989 1988 1987
1,1r n 111 Cuumty 109 117 89 96 123 129 79 74 5.0
central Coast 53
42 49 43 58 47 90 25 22
firrrrtir Counly 10711 76 71 68
88 59 60 49
REPORT TO CITY COUNCIL Wept in Date: 03/26/96
CITY OF ATASCACERG Agenda_ Item- A-1
Through : Andy Takata, City Manager
OIL—
From: Bradford Whitty, Finance Director
SUBJECT:
Payment of Audited Bills and Payroll for the merit of i-e ,'r. iiary .
1 =7=7 6 -
RECOMMENDATION:
Approve certified City accounts+S payable_ payroll
and _ar ro i f vendor
checks for the month of February; 19396 .
Attached, f•,r C i+', Counac rev iew Afa ant,roval care t he fay 1(iw ng
A: Payroll
Period End ` /96 r _0A 07 07 .07r--97
f C r i)li i l f i_# ',"',2/no/ L; +-�L' 1,k. #2471311 i.+ 1 f 1 0 i .
Period d 02 /16 /96, Cf, 4.111A �1�C _h51"1A 1 -
�� i`34-?�
B, Special Payroll
Dated 0 2.1108 /96
/ - nk ImL.It -'zon
f(es� + 161,19
f 6 / Pk df.n0F0C 21.Cjnp UnT / 7rJi n
L, ed 021.1/ ii3/ )f7 t... - xi ,a, i t t, vigil.tl ( 101 .2 L.
DatP!i ,J A n _n A 1 M1 n7
Cat ed 02-/nn/qF, c0nn_ o1C . #ncC4'-2SC �C0 „
C. Payroll Vendor
Dated 02/(393/936 nk , #2 ; 4 asw28g$
Dated 0,2/23/936 Ck _ #25052-250,6 5Q 186.50
Dated 02/291/g6 Ck . #2521 1 - 21 5 32 ,430.63
C, Accounts Payable
Dated 02/23/936 Ck. . #62660-53433 667234,07
The undersigned cert i f i Ps that the attached demands have been
release-4 for payment i „ the total Amount of $1 , 1t3a , 7 ,? = 7g an:: *hat
funds are available for these demands,
Cat ed :
F6Rb--V'FH.ITTY; Fin_ c ,_ actor
.M r"ved by the City Council
nc 1 c
"�'P i t . _ at a held Mar .
LEE PRICE; City Clerk
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REPORT TO CITY COUNCIL Meeting Date: 03/26196
CITY OF ATASCADERO Agenda Item: A-2
Through: Andrew J Takata, City Manager
Via: Steven J Sylvester, City Enginee
From: John B Neil, Assistant City Engineer .
SUBJECT: Appointment of Bridge Consultant Selection Committee.
RECOMMENDATION:
Appoint the following persons to the Bridge Consultant SelectionCommittee:
Steve frank of SLO County Engineering Department
Robert Johnson, Atascadero Planning Commission
Robert Tartaglia, Tartagia-Hughes
Mark Markwort, Chief of Wastewater Operations
John B Neil, Assistant City Engineer.
DISCUSSION:
City Capital Improvement Plan bridge projects, D-101 Garcia Road and D-103 Santa
Lucia/Llano, are included in the City Budget for FY 95/96.
Staff has solicited and received design proposals for both projects. Staff will provide
the committee members with copies of the proposals, and, after a r asonable
evaluation period, will meet with the committee to receive their evaluations and forward
them to the City Engineer. In confomance with the procedures set c ut-in the`City
Procurement and Purchasing Manual, the City Engineer will negotia e a reasonsable
fee for preparation of the plans, specifications and detailed cost estii nate, and prepare
a Consultant Agreement which will be presented to Council for cons deration and
action. J
FISCAL IMPACT:
There is no fiscal impact for this work other than staff time.
Funding for the anticipated design services will be funded 80% byte Federal Highway
Bridge Replacement and Repair program. The 20% City participation will be funded
from City Drainage Impact Fees.
ATTACHMENTS: None 000()U:)
Agenda g a tem:: A-3
Meeling Date: 3/26/96
* .NOTICE: THE STAFF REPORT FOR THIS ITEM ` WAS NOT
AVAILABLE AT THE TIME OF AGENDA PREPARATION
AND WILL BE DISTRIBUTED SEPARATELY.
000010
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A- 4
Through: Andy Takata, City Manager [eeting Date
From: Richard H. McHale, Chief of Police
SUBJECT: M.O.U. for continuing participation in the San Luis
Obispo County Narcotic Task Force.
RECOMMENDATION: As this is an existing program, adopt the
attached resolution and M.O.U. which sel. forth the
responsibilities of participating agencies as they relate to the
Task Force. The term of this M.O.U. will be f r three years,
until June 30, 1999.
DISCUSSIONZANALYSIS: Every few years the M.O.U. is updated and
forwarded to all law enforcement, agencies in the county. The
agreement is required by the Narcotic Task Force and the Bureau
of Narcotic Enforcement. The purpose of this M. .U. is to set
forth the intent and mission of the Narcotic Task orce.
• FISCAL IMPACT: There is no additional fiscal impact at this time
as a result of signing the M.O.U. Our current udget includes
our participation and allocation of associated funds. With
proper notice (see page 6 of the M.O.U.) , the City may withdraw
from the Task Force at the beginning of any fiscal year.
Attachments: Resolution 20-96
S.L.O. County Narcotic Task Force M. .U.
000011
RESOLUTION NO. 20-96
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A
MEMORANDUM- OF UNDERSTANDING WITH THE SAN LUIS OBISPO
COUNTY NARCOTIC TASK FORCE
FOR
EFFECTIVELY ENFORCING THE CONTROLLED SUBSTANCE LAWS
OF THE STATE OF CALIFORNIA
The City Council of the City of Atascadero, California
resolves as follows
1. The Mayor is hereby authorized to execute a
Memorandum of Understanding with the San Luis
ObispoCounty Narcotic Task Force for enforcing
the controlled substance laws.
.2. The City Manager is hereby authorized to make
minor corrections or modifications of a
mathematical or clerical nature.
3. The Finance Director is hereby authorized to
appropriate funds. If necessary; release and
expend funds; and issue warrants to comply
the terms of this agreement.
PASSED AND ADOPTED - at a regular meeting of the City
Council of the City of Atascadero held on the
of , 1996.
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk By: GEORGE P. HIGHLAND, Mayor
APPROVED AS TO FORM:-
ARTHER R. MONTANDON, City' Attorney
000012
•
SAN LUIS OBISPO COUNTY
NARCOTIC TASK FORCE
MEMORANDUM
� OF
UNDERSTANDING
•
000013
SAN LUIS OBISPO COUNTY
NARCOTIC TASK FORCE
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
I. PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
II. MISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
III. BOARD OF GOVERNORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A. Participating Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
C. Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D. Board Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
E. Policy Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
F. Votes of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
IV. MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
V. TASK FORCE COMMANDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
VI. COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
VII. BUDGET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
VIII. TRAINING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
IX. ANNUAL REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
X. RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
XI. FACILITIES; EQUIPMENT AND PROPERTY . . . . . . . . . . . . . . . . . . . . 4
XII. ASSET FORFEITURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
XIII. ADMINISTRATION AND AUDIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
0000111
XIV. INSPECTION PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
XV. NONDISCRIMINATION CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
XVI. RESPECTIVE RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
XVII. POLICY AND PROCEDURE MANUAL . . . . . . . . . . . . . . . . . . . . . . . . . 6
XVIII. TERM, WITHDRAWAL, AND TERMINATION OF AGREEMENT . . . . . 6
XIX. AUTHORIZATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
XX. SIGNATURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
000015
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) to establish the San Luis Obispo County
Narcotic Task Force (hereinafter "Task Force") is entered into by the California Bureau of
Narcotic Enforcement (hereinafter "BNE") and the following participating agencies:
County of San Luis Obispo
City of Arroyo Grande
City of Atascadero
City of Grover Beach.
City of Morro Bay
City of Paso Robles
City of Pismo Beach
City of San Luis Obispo
California Polytechnic State University, San Luis Obispo
California Highway Patrol
I. PURPOSE
The purpose of this MOU is to set forth the responsibilities-of the participating agencies
as they relate to the Task Force. Working in conjunction, the participating agencies will
endeavor to effectively enforce the controlled substance laws of the State of California as
expressed in the Health and Safety Code, and applicable federal laws relating to the
trafficking of controlled substances. The Task Force may also be tasked to assist in other
law enforcement operations as approved by the Board of Governors. Agencies
participating in the Task Force will be targeting their investigations toward the
apprehension of major violators. Use of this task force concept is intended-to ensure
well-coordinated narcotic enforcement regionally and increase the flow of narcotic-related
intelligence information between the various law enforcement agencies participating in the
BNE task force program.
II. MISSION
The primary mission of the Task Force will be to significantly diminish the availability
and use of illegal drugs in the County of San Luis Obispo and within the boundaries
designated by each participating agency or city, and apprehend the responsible offenders,
thereby increasing public safety.
III. BOARD OF GOVERNORS
The Task Force will be governed by a "Board of Governors."
1
000016
A. Participating Agency - A "Participating Agency" is an allied state, federal or
local law enforcement agency that has made a commitment of resources
and/or manpower for an agreed upon time period.
B. Structure - The Board of Governors will consist of the Senior Special Agent
in Charge (SSAC) or Special Agent in Charge (SAC) ofIhe Los Angeles
(LA) BNE regional office or their designee and the department heads of
each participating agency or their designee.
C. Role - The Board of Governors shall meet on a quarterly basis for the
purpose of reviewing the activities of the Task Force. Also, the members
shall have general responsibility for the oversight of Task Force operations.
D. Board Chairman - One member of the Board of Governors shall be elected
as Chairman and serve for a one year term. The BNE Special Agent in
Charge shall not serve as Chairman.
E. Policy Authority - The Board of Governors shall be responsible for Task
Force policies and operating procedures. The Board shall periodically
review and evaluate Task Force operations, goals, objectives, policies and
procedures.
F. Votes of Board - Any action taken by the Board of Governors shall be
taken by a majority in attendance provided a quorum exists.
IV. MANAGEMENT
The management and supervision of the Task Force's resources will be the responsibility
of the Task Force Commander. The Task Force Commander shall retain supervisory
control of the personnel assigned to the Task Force. When the number of law
enforcement personnel from participating agencies drops below four (4), BNE may
terminate the MOU. When the number of law enforcement personnel from participating
agencies is over nine (9), BNE may add a second Special Agent Supervisor (SAS).
V. TASK FORCE COMMANDER
A SAS from BNE shall be responsible for managing the Task Force and will report to the
Board of Governors through the Chairperson of the Board. The Task Force Commander
takes direction from the Board of Governors. The Task Force Commander will provide
the Board of Governors with monthly and annual reports of Task Force activities. Any
personnel assigned to the Task Force shall work under the immediate supervision and
2
000017
direction of the Task Force Commander, and shall adhere to the published policies and
procedures of the Task Force.
VI. COMPENSATION
Each participating agency is responsible for providing its respective personnel with
salaries, benefits, and overtime in accordance with FLSA regulations.
VII. BUDGET
The Task Force Commander will prepare a proposed budget each year (date to be
determined by the Board of Governors) for the ensuing fiscal/calendar year for approval
by the Board of Governors. A monthly report of expenditures shall accompany the
monthly statistics report submitted to the Board of Governors as outlined in the Policy
and Procedure Manual.
VIII. TRAINING
Training is handled by participating agencies according to their individual budgets. A
yearly training plan for all Task Force personnel, sworn and non-sworn, shall be prepared
upon their assignment to the Task Force. In addition, a yearly group training plan shall
be prepared and submitted with the Task Force yearly budget proposal.
IX. ANNUAL REPORT
The Task Force Commander will provide the Board of Governors and BNE Headquarters
with an annual report of activity no later than March 15 of each year. This report will
summarize the preceding calendar year's operation and shall include a section for
statistical data broken down in a similar fashion to that of the monthly reports. The
report shall contain sufficient information regarding controlled substance abuse and
trafficking trends to enable the Board to reassess Task Force goals and objectives.
X. RESOURCES
The participating agencies understand that the changing criminal activity and fiscal
resources will require flexibility in both the tasks and the structure of the Task Force.
Therefore, participation in and responsibility for personnel resources and equipment will
be determined on an annual basis through the adoption of the Task Force budget by the
Board of Governors and in conjunction with the budget processes of the participating
agencies.
3
000018
XI. FACILITIES, EQUIPMENT AND PROPERTY
When the number of law enforcement personnel from participating agencies drops
permanently below four (4), BNE may terminate the MOU.
If a task force is terminated, for any reason, with any balance due in the facilities lease
agreement (or any other contractual agreement) it will be equally shared on a pro-rata
basis by the participating agencies in this MOU, or paid with any asset forfeiture funds.
Any and all property, including equipment, furniture, furnishings of whatever kind or
description, purchased or acquired with Department of Justice (DOJ) funds shall be the
property of DOJ, and at the termination of this agreement and whereupon no new
agreement is reached, all said property shall be returned to DOJ.
Any equipment purchased with Task Force or seized funds which is damaged,
broken, misplaced, lost or stolen, through gross negligence, wrongful act, or
omission of an officer or agent assigned to the Task Force, shall be repaired or .
replaced by the agency of the responsible employee at the determination of the
Task Force Commander.
With respect to facilities, all of the following items will be paid for by BNE:
1. Lease of office space.
2. Installation of telephone lines and monthly, local, ATSS and long distance
charges.
3. Telephone equipment.
4. Utilities.
5. Alarm equipment including maintenance and monitoring.
6. CLETS machine on single or county line.
7. Janitorial services (unless included in full-service lease).
8. Landscape services (unless included in full-service lease).
9. Purchase and installation of at least one personal computer, printer and
modem which is compatible with DOD's OFISLINK/SPERRY system.
XII. ASSET FORFEITURE
It shall be the responsibility of the Task Force to investigate those asset forfeiture seizures
initiated within the County of San Luis Obispo under Section 11470 of the California
Uniform Controlled Substances Act and 21 United States Code 881. Such seizures will
then be deposited in accounts maintained in a Task Force interest beating account.
Expenditures of proceeds derived from such seizures after disposition ;shall be authorized
4
000019
by majority vote of the Board of Governors in compliance with 11489 of the California
Uniform Controlled Substances Act and/or federal guidelines.
XIII. ADMINISTRATION AND AUDIT
In no event shall the member agencies charge any indirect costs to DOJ for administration
or implementation of this agreement during the term thereof. Any and all records
pertaining to Task Force expenditures shall be readily available for examination and audit
by BNE or any other participating agency. In addition, all such records and reports shall
be maintained until audits and examinations are completed and resolved, or for a period
of three (3) years after termination of the agreement, whichever is sooner.
XIV. INSPECTION PROCESS
It is the policy of BNE to maintain a formal administrative inspection program. This
program requires inspections of each BNE-supervised regional task force once every
eighteen (18) months or as necessary, with follow-up inspections within six (6) months.
Copies of the inspection report will be delivered to the regional office SAC, the Task
Force Commander, and the Chairman of the Board of Governors.
At change of command, an audit of the controlled substance evidence, petty cash, seized
money and assets, reverse sting stock, undercover funds, weapons and specialized
equipment shall be performed.
XV. NONDISCRIMINATION CLAUSE
All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and
all requirements imposed or pursuant to the regulations of the U.S. Department of Justice
(CFR, Part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on
the grounds of race, color, creed, sex, age or national origin and equal employment
opportunities.
XVI. RESPECTIVE RESPONSIBILITIES
For the purpose of indemnification, each participating agency of the Task Force shall be
responsible for the acts of its participating officer(s) and shall incur any liabilities arising
out of the services and activities of those officers while participating in the Task Force.
Personnel assigned to the Task Force shall be deemed to be continuing under the
employment of their jurisdictions and shall have the same powers, duties, privileges,
responsibilities and immunities as are conferred upon them as peace officers in their own
jurisdictions.
5
000020
XVII. POLICY AND PROCEDURE MANUAL
It is agreed that all members of the Task Force abide by the applicablepolicies and
procedures as expressed in the Task Force Policy and Procedure Manual, which is specific
in content to the needs, objectives, and goals of the Task Force.
XVIII. TERM, WITHDRAWAL, AND TERMINATION OF AGREEMENT
The term hereof is three (3) years, until June 30, 1999.
Any member agency may withdraw from the Task Force by resolution of its governing
body. Written notice of such withdrawal shall be given to the Board ojf Governors prior
to February 01, and become effective only as of July 01, in the year in which withdrawal
is made.
Termination of this agreement may be made by resolution of the governing bodies of all
but one of the participating agencies.
XIX. AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on
the respective dates indicated below. This MOU will become effective upon receipt by
the BNE Headquarters of the original MOU with all its attachments. All future
amendments must be forwarded to BNE Headquarters and will become effective upon
receipt.
6
C?O{30�:1
XX. SIGNATURES
County of San Luis Obispo Representative Date
City of Arroyo Grande Representative Date
City of Atascadero Representative Date
City of Grover Beach Representative Date
City of Morro Bay Representative Date
City of Paso Robles Representative Date
City of Pismo Beach Representative Date
City of San Luis Obispo Representative Date
7
O0002-2
California Polytechnic State University, Date
San Luis Obispo Representative
California Highway Patrol Representative Date
8
000023
REPORT TO CITY COUNCIL Meeting Date: 3/26196;
CITY OF ATASCADERO Agenda Item: A-5
Through: Andy Takata, City Manager
From: Bud McHale, Chief of Police
Brad Whitty, Finance Directo �
SUBJECT: Retirement of Police Canine Rommel'
RECOMMENDATION: City staff recommends approval of Resolution 21-96
authorizing the retirement of the Police Can ne Rommel.
BACKGROUND:
The Atascadero Police Department has utilized the services of the canine known as
Rommel over the past four years. His Services have been very helpful to the City during
this period of time.
A canine used in law enforcement typically remains with one handler dL ring the entire span
of service by the canine. This is done so that the team forms a strong t ond that can be put
to the test in the event of a crisis situation. Officer William Tilley t as been Rommel's
handler since the canine began service to the City.
DISCUSSION:
Staff believes the costs associated with retraining an Officer and Rommel, exceeds the
benefits that would be gained. Additionally, Rommel may not be "re ainable" to another
Officer because of his bond to Officer Tilley.
Attached is a Transfer Agreement executed by the Police Chief and VVilliam Tilley which
will transfer the ownership for the sum of$1,000 upon approval of Resolution 21-96. The
City Attorney has reviewed the agreement and finds it acceptable.
Enclosure: Transfer Agreement
Resolution 21-96
000024
RESOLUTION NO. 21-96
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
AUTHORIZING THE RETIREMENT
AND TRANSFER OF OWNERSHIP OF
POLICE CANINE ROMMEL
WHEREAS, Police Canine Rommel has faithfully and diligently served the City of
Atascadero since 1992; and
WHEREAS, Police Canine Rommel, through the guidance and partnership of
Officer William Tilley has participated in the apprehension and arrest of countless criminals
in our community; and
WHEREAS, Police Canine Rommel has courageously and fearlessly assisted law
enforcement agencies throughout San Luis Obispo County in a myriad of police
operations; and
WHEREAS, it is in the best interests of Rommel to now officially retire him to the
home of his handler/partner Officer William Tilley; and
WHEREAS, William Tilley-has agreed to assume ownership, care, liability and full
responsibility of Rommel effective this date in exchange for Tilley's payment of one
thousand ($1,000)to the City of Atascadero.
NOW, THEREFORE, BE IT RESOLVED that Canine Rommel is now officially
retired, and with this action ownership and all attendant responsibilities are hereby
transferred to Officer Tilley and: Rommel is commended for his outstanding and unselfish
service to our community over the past four years.
On motion by Councilman , and seconded by Councilman
, the foregoing resolution is hereby adopted in its entirety on the following roll call
vote:
AYES:
NOES:
ABSENT:
ADOPTED:
UUUU�;5
Resolution No. 21-96, page 2
ATTEST: CITY OF ATA: CADERO
LEE PRICE, City Clerk By: GEORGE P. HIGHLAND
Mayor
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
APPROVED AS TO CONTENT:
RICHARD H. MCHALE
Chief of Police
000026
HOLD HARMLESS,INDEMNIFICATION,
AND TRANSFER AGREEMENT
This Agreement is made and entered into this day of February, 1996 by and between the CITY of
Atascadero,a municipal corporation,hereafter referred to as "CITY" and William TILLEY, an individual
hereafter referred to as "TILLEY."
It is understood by both the CITY and TILLEY that CITY owns a Rottweiler dog, known as "Rommel" which has
served the CITY for four(4)years in the Atascadero Police Department K9 Unit. TILLEY is a Canine Officer
employed by the City of Atascadero Police Department, and is an experienced dog handler. TILLEY is
specifically familiar with the dog"Rommel"inasmuch as the animal lived with TILLEY and his family for four
years when TILLEY was the dog's handler.
CITY and TILLEY agree that the dog "Rommel" has been trained to perform certain Police work and that the dog
has, in fact, performed such services for the Atascadero Police Department for approximately four(4)years.
Because such training and work experience, unless properly handled,the dog is potentially dangerous and may
cause serious bodily harm.
TILLEY agrees that as a condition of this agreement that"Rommel" is officially retired and shall not be utilized
as a police canine or representative of the Atascadero Police Department at any time or any place, inside or
outside of Atascadero jurisdiction.
TILLEY agrees to assume full responsibility for the reasonable care, feeding,and medical attention for the dog,
"Rommel"at his own expense.
CITY and TILLEY agree that the approximate value of the dog"Rommel" is one thousand dollars, $1000.
CITY agrees to accept one thousand dollars, $1000 for the transfer of ownership of the dog"Rommel"to Tilley.
TILLEY agrees to and shall fully indemnify, defend,keep and hold the CITY,the City of Atascadero Police
Department,the Chief of Police, and the City's officers,agents,and employees harmless from any and all costs,
liabilities,damages,or expense, including costs of suits,fees, pay for past feeding,training or dog care, and
expenses of legal services,claimed by anyone by reason of injury to or death of person or persons, or damage to
or destruction of property as an actual or proximate result by the dog known as "Rommel" a male Rottweiler dog.
It is the intent of this agreement that the CITY,the City of Atascadero Police Department,the Chief of Police,and
the City's officers, agents, and employees have no financial liability whatsoever resulting from the future action of
the dog, "Rommel" and that TILLEY shall be fully and solely responsible therefor.
In consideration of the above, and for payment of one thousand dollars($1000.), I hereby accept transfer to me of
all rights,title, and intere above named Police Service Dog.
2 . 21�— elf
Signature of new owner Date
-A
Acknowledging receipt of one thousand dollars,($1000.),the Police Department, City of Atascadero hereby
transfers all rights,title and interest to the above named Police Service Dog effective on the date this agreement is
executed by the Chief of Police or his designee.
Agreement executed by Date Is
0000:'7
REPORT TO CITY COUNCIL Meetirig Dater 03/26/96
CITY OF ATASCADERO Agenda Item : A - 6
Through: Andy Takata, City Manager
From: Lee Price, City Clerk
SUBJECT:
Appointment of a Ex-Officio Youth Representative to the Parks & Recreation
Commission.
RECOMMENDATION:
Adopt Resolution No. 22-96 appointing Grace Kim as the Ex-Officio Youth
Representative to the Parks & Recreation Commission.
BACKGROUND:
The City Clerk has conducted a recruitment for students interested in serving on the
Parks & Recreation Commission. Atascadero High School sophomore Grace Kim
submitted her application. The City Council reviewed the application and found the
applicant qualified to serve. On March 12', the City Council unanimously agreed to
waive a formal interview and make the appointment.
DISCUSSION:
The attached resolution formalizes the appointment. Ms. Kim will erve an initial term
of one-year. She may be appointed for an additional one-year term if her interest
continues and she remains qualified to serve.
Attachments: Resolution No. 22-96
0000010-18
RESOLUTION NO. 22-96
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,
APPOINTING AN EX-OFFICIO YOUTH MEMBER
TO THE CITY'S PARKS & RECREATION COMMISSION
WHEREAS, Resolution No. 109-90 was adopted on August 28, 1990 creating
ex-officio youth members on certain City commissions and committees; and
WHEREAS, there does exist a vacancy on the Parks & Recreation Commission
for a youth member; and
WHEREAS, the City. Clerk did conduct a recruitment soliciting _interested
resident youths between the ages of sixteen and eighteen to apply; and
WHEREAS, the City Clerk did receive the application of Grace Kim; and
WHEREAS, the City Council, having reviewed the application of Grace Kim and
found the applicant to be qualified and worthy of appointment, did waive a formal
interview.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero to appoint Grace Kim as the Ex-Officio Youth Member of the Parks
Recreation Commission to serve a term` of one-year. The term may be extended by
one additional year provided Ms. Kim remains qualified to serve.
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 GEORGE P. HIGHLAND, Mayor
000029
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-1
From: Andrew J. Takata, City Manager Meeting Date: 3/26/96
SUBJECT: Report from S.L.O. Council of Governments (SLOCO ) on LAFCO
issues
RECOMMENDATION:
Accept report.
BACKGROUND:
This item appears on the agenda at the request of Councilman Ca den, the Council's
appointee to SLOCOG.
A Countywide workshop was hosted by SLOCOG on Saturday, February 3`d, to
provide a forum for discussing g areawi de issues of .mutual concern. The results are
summarized in the following "white paper", prepared by the workshop facilitator,
John Jostes of Dudek & Associates.
Ron DeCarli, SLOCOG Executive Director, will be at the March 26t' meeting to
present the report to Council and be available to respond to questions.
AJT:ch
0000 31,
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
STAFF REPORT
MEETING DATE Marsh 6 19gfi
� ..
SUf38d:E
CT Fresentat<on of "Whig Paper- from f=ebruary VIlorksho art ;>:
P
fnter'urisdretlonaf issues.
1
SUMMARY
In fulfilling the role of providing a forum for addressing areawide issues of mutual concern among
member agencies, the Council sponsored and hosted a Special Workshop on February 3rd on
Interjursidictional Issues. The workshop was wetl.attended with 61 elected officials and staff
representing the County of San Luis Obispo, all 7 cities,the Local Agency Formation Commission
(LAFCO), and 8 special districts. John Jostes, Dudek &Associates, facilitated the meeting and
will present the attached "white paper" summarizing the results of the workshop.
RECOMMENDATION
Accept Report, and,provide Direction on the White Paper Recommendations
DISCUSSION
The Workshop was directed by action of the Council on December 6th. Invitees included the
County Board of Supervisors, all seven cities, LAFCO, and the major special districts in the
County. The Workshop addressed interjurisdictional issues focusing on the following two topics:
o Development in City Spheres - Planning issues,requirements, and conflicts;
o Property and Sales Tax Negotiation.
l
The Keynote Speaker was Mr. Bob Braitman, Principal of Braitman &Associates. He provided
an overview of City/County/LAFCO issues based:on his extensive public and private sector
experience involving LAFCOs. In addition to the keynote speech (included as an appendix in the
white paper) he provided observations throughout the Workshop.
Two panels examined each of the above topic areas. The Workshop was facilitated, by a
professional planner/mediator, Mr. John Jostes, of Dudek & Associates. Mr. Jostes will be
available to present the attached White Paper summarizing the proceedings and perspectives
from the Workshop.
In order to take advantage of the information, direction, good will and commitments generated
at the Workshop, Mr Jostes recommended immediate consideration of a number of followup
actions to maintain some degree of momentum. Responsibility for the next steps lies not only
with your Council, but also with LAFCO, the County, the cities and special districts.
C-1-1
000032
Intergovernmental Relations and A Workshop Sponsored by The San Luis Obl.SPO I
Development at the Fringe Council of Governments
Recommendations for the Future
In order to take advantage of the information,direction,good will and commitments generated by this
workshop, follow-up actions are necessary to maintain some degree of momentum. Responsibility for
the next steps along the part to effective intergovernmental communication and collaboration lies not
only with the San Luis Obispo Council of Governments, but also with LAFCO,the;County,the cities and
special districts. Additional recommendations related specifically to LAFCO may be found within the
Outline of Mr. Braitman's speech,contained in Appendix'A*>
SLOCOG:
1. Appoint a SLOCOG Subcommittee or Task Force with the responsibility for defining the
focus and framework for follow-up workshops on Intergovernmental Relations and
Collaborative Problem Solving: Based upon the interest generated at the February 3, 1996
Workshop, SLOCOG should appoint a subcommittee to work with staff and other qualified
professionals to design and sponsor at least one or more follow-up workshops in tate spring or early
summer of 1996. Such a follow-up workshops could be single issue or deal with several issues and
build on the momentum generated at the February workshop.
2. Develop an Intergovernmental Conflict Resolution Strategy and Framework to provide a
forum for problem solving between jurisdictions and agencies: Consistent with the provisions
of the Land Use and Environmental Dispute Mediation Act of 1994 (SB 517), SLOCOG should
develop a systematic approach to the resolution of land use, environmental and intergovernmental
disputes. Such a dispute resolution system should consider the following potential roles that
SLOCOG could play:
- SLOCOG as convener of occasional dialogues between concemed interest groups and agencies
addressing intergovernmental issues such as transportation planning,tax revenue negotiations,
solid waste management, and LAFCO/Annexation issues;
- SLOCOG as a referral mechanism and technical resource provider for resolving disputes
between member agencies in which SLOCOG does not play a role; and,
- SLOCOG as a referral source with regard to the resolution of land use and environmental
disputes.
3. Appoint or retain a trained professional to serve as intergovernmental ombudsman. This
position could be of a part-time or on call nature and would provide an independent neutral third
party who could assist governmental entities in their own dispute resolution and negotiation efforts.
Where the parties were unable to resolve their conflict to the satisfaction of both jurisdictions,the
DUDEK&ASSOCIATES,INC. Engineering,Environmental Science and Management Services Page 8
000033
Intergovernmental Relations and A Workshop Sponsored by The San Luis Obispo
Development at the Fri • - Council
ombuds could assist the parties in finding an outside, independent neutral third party to provide
conflict resolution assistance.
4. Train SLOCOG staff in collaborative problem solving and dispute resolution skills to assist
member agencies in dealing with intergovernmental conflicts.
County of San Luis Obispo, Cities and Special Districts
1. Each of these entities should consider sponsoring regular meetings between staffs of different
agencies to address and resolve mutual issues of concern and potential conflict. Each governmental
entity might set aside a portion of their.regular meeting agenda to provide a forum for
intergovemmental communication between adjacent jurisdictions and and/or overiapping special
districts. City Councils may wish to adopt resolutions which recognize exemplary intergovernmental
collaboration on projects or programs.
2. Bi-monthly meetings between managers and mayors should be reestablished and include all cities
and the County Administrator and Supervisors.
DUDEK&ASSOCIATES,INC. Engineering,Environmental Science and Management Services Page 9
C - f , -�5 000034
Copies to:
X t Y 0 Corres rile
� ,r __._� Staff_
* * coltyON 4¢4 oSOMAtUISOBISPO
av
I/ OFFICE OF THE CITY COUNCIL
4/ $ 0 d Post Office Box 8100 • San Luis Obispo,CA 93403-8100 80,W81-7119
f F
rrEL)
FEB - 8 1996
February 6, 1996
4.: '0F i� 6l E1Lil'�� 4,; i�llii
ENTS
c)
Bud Laurent, Chairman -
County Board of Supervisors
President, SLO Council of Governments
County Government Center, Room 370
San Luis Obispo, CA 93408
Dear Supervisor Laurent:
In your capacity as President of the SLO Council of Governments, I first want to express
my appreciation to the SLOCOG Board and staff for organizing and hosting last
Saturday's workshop. With very little notice, you and your staff did an outstanding job of
putting together a very worthwhile and positive day. I know this sentiment is shared by
my San Luis Obispo City Council colleagues, and by virtually everyone I spoke to on
Saturday.
In your capacity as Chairman of the SLO County Board of Supervisors, I also want to
extend a special debt of gratitude to the supervisors and staff who participated in the
workshop. While the session was never intended to be confrontational, you must have
wondered if you were entering the "lion's den". I hope you agree that the day was
entirely constructive and ended on an especially positive note.
To further this constructive spirit, we hope the County will respond' favorably to the tax
exchange compromise set forth by the City negotiating team at its last meeting with
County staff on January 26, 1996. This compromise, which goes well beyond existing
practices in Santa Barbara, Ventura, and Monterey Counties, was outlined again on
Saturday and is as follows:
1) For residential annexations, to provide the County with about two-thirds of
the property tax increment that cities received under the former policy.
2) For"raw land" industrial and commercial annexations, to provide the County
with all of the property tax increment formerly passed through to cities.
3) For already partially-developed annexation areas, to complete an
is independent fiscal impact analysis to determine appropriate property
tax-sharing. r
The City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. 00003J
Telecommunications Device for the Deaf(805)781-7410. t,J
i
4) To re-examine the above policies at agreed-upon intervals (e.g. 3 -5 years)
to assure that they remain appropriate and current for all parties.
We hope you agree that this represents considerable flexibility on the part of cities,
especially in comparison to past practice. To summarize, past practice has been that the
County retained all the existing property tax base within an annexation area in addition
to approximately 40 percent of the tax increment. The next meeting of the cities-County
negotiating team is scheduled for February 21 st, and it is our hope that the County will
accept the compromise or provide an equally fair alternative proposal.
However, as I recently expressed to Supervisors Blakely and Ovitt, it is my feeling that
if this issue cannot be successfully negotiated at the staff level by April 1 st, then the
matter should be referred to City-County elected officials for resolution. This is suggested
because protracted and unsuccessful staff-level negotiations would not serve our mutual
goal of building more trusting and collaborative relationships. It is my intention to
recommend this approach and time frame to my fellow council members and mayors in
the near future.
Thank you once again for your leadership and participation, and we look forward to
working with you in the future.
Sincerely,
Allen K. Settle
Mayor
AKS:cp
c: Mayors and Councils of SLO County
Board of Supervisor Members
John Dunn, CAO, San Luis Obispo
Bob Hendrix, CAO, County of SLO
Ron DeCarli, Executive Director, SLOCOG
C — � - �
000036
copies to:
Corres --File staff
---- ..
II
cit of
San OBISPO�j
990 Palm Street, San Luis Obispo, CA 93401-3249
February 6, 1996
F;7, F:I I f, n
FEB - 8 1996
Ron DeCarli
San Luis Obispo Council Of Governments N �OVIETHIN61ENT :
1150 Osos Street
San Luis Obispo, CA 93401
Dear Ron:
Although a letter will be coming to Bud from the Mayor, I did want to quickly reiterate what I
said last Saturday afternoon, that you and your staff are to be commended for putting together
a positive and wholesome discussion of City/County issues in a way that they could be discussed
intelligently rather than contentiously.
I also believe that Bob Braitman's comments have relevance for all of us, both in this immediate
environment and for years to come, and would appreciate your efforts in making Bob's comments
available to us.
Great job and many thanks.
Sincerely,
(:::oh:n unn
City Administrative Officer
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activitie9
Telecommunications Device for the Deaf(805) 781-7410. v00037
r
Copies to: 'a
Corres File_Staff
HERITAGE RANCH COMMUNITY SERVICES DISTRICT
4870 Heritage Road
Paso Robles, CA 93446
Phone(805) 227-6230 • FAX(805)227-6231
41
February 6, 1996 FEB - 81996
i,0111 "�11. Of GOVERNMENTS
Mr. Bud Laurent, President
SLOCOG
1150 Osos Street, Suite#202
San Luis Obispo, CA 93401
Subject: Workshop Of February 3, 1996 on Intergovernmental
Relations and Development at-the Fringe
Dear President Laurent:
I wish to thank SLOCOG for including community services districts in this workshop,
especially since the issues affect special districts, as well as cities. The day was well-spent
listening to informed presenters and discussing various solutions. I hope that SLOCOG
will continue to include special districts in future activities.
Sincerely,
Kit Carter, Manager
KC/df
r
000038
1 C
E
Page 18 Wednesday, Feb. 7, 1996—Five Cities Times-Press-Recorder,Arroyo Grande, Calif.
schizop ., r
By.Tom Parsons u
Staff Writer
SAN-LUIS OBISPO The San
Luis Obispo Council of Govern-
mens' workshop on city/county
issues Saturday. �d
Feb. 3, was, by �. �,�� -
accounts from SouthCounty city
officials, "good. Very good.-
That was the assessment of i
Arroyo Grande Mayor Pete Dougall 3 Ya
which was echoed by officials from q'
Grover Beach and Pismo Beach as
well. r
But as Dougall and Grover Beach . . ..:
Mayor Ron Arnoldsen pointed out,
the day-long meeting was only one ..
step in a process, k t
City officials hope that process �•
will eventually determine county-
wide policies and practices regard-
ing county development within a
city's sphere of influence.and a for-
mula for the distibution of taxes
associated with annexations. - KEYNOTE SPEAKER — Bob Braitman, Local Agency Formation
The workshop held in the Em- 9 y
bassy Suites brought together mem- Commission executive director for Santa Barbara County, diag-
bers of the staffs and elected leaders nosed San Luis Obispo County's situation with the LAFCO staff as ,
from all seven cities plus officials schizophrenia. Photos by Tom Parsons
from nine of the 15 special districts
in the county to discuss issues pri- That situation has changed only in tively vetoed proposed annexation
marily focusing on the cities' the last.month with new stationery plans in the city of San Luis Obispo
spheres of influence and annexa- and a new telephone number. How- because the county wanted more of :
dons, ever, some city officials noted that the proporty tax revenues the'an-
Dougall called Saturday's work- in listening to LAFCO staffers talk, nexed real estate would.generate.
shop "historic," and it follows an- they often do not draw the distinc- Braitman was optimistic that the
other historic joint meeting of seven tion themselves between LAFCO cities, special districts and the
city councils and city managers held and the county. county can describe a system of
in September 1995 in Morro Bay. Bob Braitman,the principal in the local government which leads to
Similar topics were discussed at that consulting firm of Braitman & As- cooperation, harmony and parallel
meeting. sociates, at the Morro Bay meeting interests.
One,of the major problems for the last September was first to diagnose The first step,he said,is to define
cities stems from what officials see what he called the county's schizo- roles for the various governmental
as the all-but-invisible distinction phrenia. entities. f
between the Local•Agency Forma- His comments were so well re- He proposed that within a city's
tion Commission and county gov- -ceived in Monro Bay that SLOCOG sphere of;influence, the city should
cmmcnt. invited him to be the keynote be primarily responsible for urban
County LAFCOs were given speaker and resident analyst at last land use planning and development
powers by the state to help resolve Saturday's workshop. standards.:He•said that means the
land use disputes and discrepancies Braitman's observations come county should defer to the city's
and to facilitate annexations of from his experience as the former judgement.
county land by the cities. Sup- executive director of Ventura And it also means that land use
posedly, they were created as inde- County's LAFCO for 18 years. He applicants within'the city's sphere
pendent organizations. is currently the executive director should be sent to the city for devel-
However, until recently, San Luis for Santa Barbara County LAFCO. opment guidelines and approval.
Obispo County's LAFCO made The bureaucrat-turned-consultant After the meeting,.Dougall sug-
little pretext of being anything but stressed the importance of making gested that';until those philosophical
an arm of county administration. LAFCO an independent organiza- issues are resolved, the elected rep-
A call to LAFCO went right to tion which favors neither the cities resentatives have to get the county
the 'County administrator's office. nor the county. and city staffs out of the process.
LAFCO stationery was county sta- But in San Luis Obispo County, He said much of the problems in
tionery. The organization's budget city officials have experienced the past were that the procedures
still is only an item in the county's LAFCO schizophrenia, he said. have been: staff-driven fro��qq'',,tt��gg
general budget. For example, the agency effec- county. vv`YU3`c
�
eni
c consuant
•
sa s
t
. _
t
budget.
He could have also included .
Pismo Beach and Arroyo Grande in
the examples of cities which had to
reduce staff to-balance their budgets
in recent years after the state's
take-away manuever. -
Jones asserted after the meeting '
that local jurisdictions — the cities ±
and community services districts .
like his—spend tax revenues more
efficiently than the county does at
its higher government level.
"It's a power play," he said,*de-.:
scribing the county's position on the'
tax issue. 3
Comments later that morning
seemed to confirm Jones' assess-
_ ji ql
mens.
San Luis Obispo Mayor Allan
Settle asked county administrators
for their position on the 125 acres of
agricultural land adjacent to the Em-
COUNTY'S VIEW - Lee Williams, assistant county administrative bassy Suites on the south property;
officer, said the county should be a partner in annexation prolin .
cesses
because the county needs tax revenue to pay for services it Settle proposed using the land and
Provides after annexation of land by a city, its eventual annexation as a model.
He noted that the county currently
He acknowledged that if the administrative officer, said he wants provides little if any service-to the
county'sees itself as an eighth cityproperty, but does collect property
gm to see the county "brought into the taxes from it.
local governments, theft the elected annexation process as a partner be- He suggested that because of that
officials of all "eight" cities, panic- cause of the services the county is fact, the county should not be en-
ularly the mayors and Board of continuing to provide." titled to the tax revenues once the
Supervisors chairman, should meetand is commercial)
to work out definitions and philoso- In Williams'' version of the back- y developed.
phical issues as Braitman suggested. groom for the debate and negotia- Williams countered that he did
The staffs would then implement tion,he noted that the state`'got into not necessarily buy into "this new
whatever"action was indicated by the county's property tax revenues" thCory•" He pointed to the jail'and
joint agreement, to the tune of 35 percent to fund community health services provided
One of the toughest issues to be school districts a couple of years' by the county, and he implied the
resolved in those negotiations is ago' cost of such services would increase
how the county and the cities split Williams said the cities were hurt because of the increase in people
such a large development would at-
taxes in an annexation request, much less, only an average of 18
tra
The consensus among the cities percent in lost revenues annual) . «'
represented at the meeting seemed Doug Jones, general manage' Williams said the county is en-
to be that they will concede all the titled to some percentage of the po-
the Nipomo Community Services tential sates tax revenues which
property tax revenues to the county. District,accepted the 35 percent fig- would be generated when that land
But they want initially to keep all ure, but he took exception to Wil- was develo
the sales tax revenues generated liams, scenerio. ped
'
from the annexed property. Jones said the state ultimatelyAlthough the aides and the county
According to the figures produced gave back about two-thirds of the 35 appeared r disagree on many basic
by county staff and used at the percent it originally took from the issues, Braitman wrapped up the
workshop, residential developments. county. The cities received from
tmeeting by saying he did not ob-
are losers for the county and cities back from the state. nothing serve as much animosity between
because the property taxes do notHe suggested that if thgovernment entities as he would
e count
generate enough revenue to pay for could not meet its obligations with- have fust thought, coming from out
0
the services demanded b the new g of town.
Y out requiring the cities to give up He also repeated the notion that
residents. part of their sales tax revenues, the
The main focus of tax revenue county should consider reducingthe the solution to their disagreements
negotiation between cities and the level of services and staff. was "an on-going planning process"
county is on sales tax revenues. He noted that NCSD has had to and not necessarily regularly man-
dated updates to the plans which too 000040
Lee Williams, assistant county cut back on staff to balance its
often become "pro forma."
city-co.unty
cooperation
gets a boost
By Pamela Slaughter
Telegram-Tribune
SAN LUIS OBISPO_It has never
been an easy task getting city and
county governments to understand
one another, but the cities in the
county and the county itself are
making a concerted effort to do just
that.
On Saturday, representatives from
the cities of Arroyo-Grande,Atascad-
ero, Grover Beach, Morro Bay.Paso
Robles, Pismo Beach and San Luis
Obispo got out of the rain to meet with
representatives from the comity,spe-
cial districts and the.Local Agency
Formation Commission at.Embassy
Suites.
The focus of the workshop was to
improve communication and under-
standing among the different entities.
of government. .
Please see WORKSHOP,&2
WORKSHOP from B-t
"The most important thing that terminated and that would defeat the really cared."
occurred is the opportunity for better whole effort,"Settle said. Intergovernmental property and
understanding of county, city and Settle said he believes the workshop sales tax negotiations were also ad-
special districts, especially financial- will dressed. The keynote speaker, Bob
ly,"said county Supervisor Bud Laur- help improve relations in the Braitman, executive officer of Santa
ent Without that'undeisttanding we future. Barbara Country's Local Agency For-
won't be able to find a way of ft fiUing "I feel very positive," he said. "I mation Commission,pointed out that.
our individual responsibilities." enjoyed talking with the supervisors, sales tax is not evenly distributed
One of the main concerns the group the representatives from councils,the throughout theicounty.
discussed was annexation of county county, special districts (and the "We have to take sales tax apart and
land by city governments. Local Agency Formation Commis- allocate-it where people live,"he said.
According to San Luis Obispo May- sion)to have good intergovernmental
or Allen Settle, "Part of the issue is relations."
who is going to pay for water, sewer
and police." John Jostes, a trained mediator.
Settle said the San Luis Obispo City facilitated the seven-hour workshop.
Council is particularly concerned He said people were candid about
about this issue because of the airport their feelings.
annexation project, which is still "People were very true to their
pending. culture."Jostes said. "I asked people
"If an agreement is not arrived at to be frank. There were a few raised
within 30 days then the application is voices but that shows that people
000041
J
Proceedings and Perspectives
on
Intergovernmental Relations
and
Development at the Fringe
A Workshop for
Cities, Special Districts and the County of San Luis Obispo
Convened by
San Luis Obispo Council of Governments
1150 Osos Street, Suite 202
San Luis Obispo CA 93401
(805) 781-4219
Ronald L. DeCarli
Executive Director
Prepared by
John C. Jostes,AICP,MPA
Facilitator
Interface-Dudek
621 Chapala Street
Santa Barbara, CA 93101
(805) 963-0651
(805) 963-2074 (Fax)
February 24, 1996
r
DUDEK&ASSOCIATES,INC. Engineering,Environmental Science and Management Services 0 (� �?
Table of Contents
Introduction
Background and Context
Laying the Groundwork 2
The Workshop -Process and Substance 3
The Morning Session- "Getting everybody on the same page" 3
"A Clear Vision of Local Government Organization...
Sounds Good, but will it Work Here? 3
Talking Things over at Lunch 6
The Afternoon Session-Prescriptive Discussions on In1proving
Intergovernmental Relations 7
Recommendations For The Future 7
List of Workshop Participants, Convenors, Facilitators
and SLOCOG staff 10
Appendices 12
A. Outline of Bob Braitman's Presentation
B. Workshop Agenda
C. Groundrules
D. Commitments and Recommendations from Lunch-tinge Discussion
E. Afternoon Talking Points
F. Recommendations for the Future - Table-by-Table Recom-
mendations for Follow-Up Action
r
DUDEK&ASSOCIATES,INC. Engineering,Environmental Science and Management Services
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Intergovernmental Relations and A workshop sponsored by The San L uts Obispo
Development at the Fringe Council of Governments
Proceedings and Perspectives -on
Intergovernmental Relations and Development at the Fringe -
Introduction'
This working paper summarizes the proceedings of the San Luis Obispo Council of Govemrnente
(SLOCOG)Workshop on Intergovernmental Relations and Development.at the Fringe. It provides
recommendations on a subsequent course of action for SLOCOG and its Member Agencies3 to continue
the process of building better relations and acting collaboratively to solve the challenging problems which
face San Luis Obispo County and local government in dealing with two key issues:
• County-approved growth near city boundaries; and,
• Tax Revenue Transfer negotiations that accompany annexations to cities and special
districts.
Background and Context
In September of 1995, a meeting took place which symbolized a low-point in governmental relations
between the seven cities of San Luis Obispo County and the County government itself. The cities called
a meeting to discuss their strategy on dealing with the County on the issues of sales and property tax
negotiations and development on the edge of cities'jurisdictional boundaries. It was not coincidence that
the County Board of Supervisors were not formally invited. While the meeting was publicly noticed.the
County did not participate in any direct way. The cities went about their business of developing a
strategy to protect their economic interests and maintain control of development adjacent to their bonders
and the associated tax revenues that accompany annexations.
However well intentioned the parties were,the meeting and the County's reactions to it seemed to
solidify an emerging'We/They"attitude that had been brewing for some time. The County of San Luis
Obispo had been placed in the unenviable position of facing reduced revenues to support development
' This working paper has been formatted for easy transcription to a Hypertext document for translation and
publication on the San Luis Obispo Council of Government's Home Page on the Internet The format of this
document makes liberal use of footnotes and italicized text for explanatory material related to the substance of the
paper. Footnotes serve the function of explanatory comments or phrases. Key words or phrases in italics refer to
material contained in the Appendix which may also be hyperlinked
2 The San Luis Obispo Council of Governments(SLOCOG)functions as a regional planning organization and is
comprised of appointed representatives from the County Board of Supervisors and the seven Cities within San Luis
Obispo County.
3 The perspectives represented here are those of the facilitator and do not necessarily represent those of the
SLOCOG or its member jurisdictions r
DUDEK&ASSOCIATES, INC. Engineering,Environmental Science and Management Services U U U` ye 1
Intergovernmental • and A Workshop Sponsored by Obispo
Development •
and county-wide service provision and had reopened negotiations with cities over. tax transfers related to
annexations. The cities felt their needs were being circumvented by the County and they were placed in
a position of not having control over developments taking place at their jurisdictional fringes.
These issues are not uncommon to other counties or regions where cities and counties must creatively
meet the challenge of decreasing fiscal resources associated with the property taxing limitations of the
Jarvis Initiative (Proposition 13) and legislative decisions to transfer revenues to Isupport State programs.
In November, 1995, several cities requested the SLOCOG Board place on their December meeting
agenda a discussion regarding an independent LAFCO. These agencies also requested that Bob
Braitman speak before SLOCOG on this issue(Mr. Braitman was unable to attend the December
meeting.) During the discussion of this item, it became apparent that the issues of concem were much
broader than LAFCO`independence'and included other issues such as development at the interface of
incorporated areas and the need to address the sales and property tax split and the overall need to
develop greater understanding among the various parties regarding the others perspective and needs.
Faced with the dilemma of worsening relations, SLOCOG exercised a valuable leadership role and
convened a facilitated workshop as one step in the process of building collaborative, rather than
adversarial relationships between the governmental units within the county°. Frgm the outset, the
objectives of sponsoring the workshop were to provide a productive forum for airing concerns,to
enhance understanding of the fiscal and technical issues, and to build better working relationships
between jurisdictions.
Laying the Groundwork
The degree of preparation invested in the workshop laid a strong foundation for its overall success. A
Steering Committee of the SLOCOG Board, supplemented by County administrative staff and city
manager representatives was formed and met on several occasions to brainstorm on the preliminary
organization, content and speakers. The facilitator and the Steering Committee finalized the agenda,
and SLOCOG staff organized multiple meetings with both technical panels. Considerable care was
taken to provide a balance of viewpoints, geographic perspectives, and substance on each of the panels.
Invited were mayors, city council members, and city managers from all seven cities, Supervisors and
representatives from the County Administrative Office, board members and managers from a large
Throughout the text of this paper,county refers to the geographical extent of San Luis Obispo County and
County refers to the political jurisdiction of San Luis Obispo County. Likewise,city refers to cities within SLO
County in general rather than a specific city.
5 SLOCOG Staff instrumental in the design and implementation of the workshop included Ronald L.DeCarli,
Executive Director and Steven Devencenzi, Senior Planner. Additional assistance was provided by Sue Hall and
Dan Herron.
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Intergovernmental • and A workshop Sponsored by I• ••
Development at the Fringe Council of Government.�-.,
majority of the special districts within the county, and board members and staff from LAFCO. Two
informative morning panel discussions included three Planning Directors,the LAFCO Officer,-the
Assistant County Administrative Officer,the San Luis Obispo Assistant City Manager,the cities'
consultant Michael Multari and the County Auditor. They also participated in roundtable discussions
throughout the afternoon.
By involving key representatives from the full range of jurisdictions in the design of the workshop, each
agency was given a sense of ownership in the process. In addition,the inclusiveness of the workshop
invested the process with legitimacy and laid the groundwork for building'understanding and trust
between participants.
Choosing a Keynote Speaker who had credibility with most, if not all, of the agencies in attendance was
also a critical building block. Bob Braitman,of Braitman &Associates filled this role and built upon his
experience as a former Executive Officer of the Ventura County Local Agency Formation Commission
(LAFCO), current Executive Officer of Santa Barbara County LAFCO, former Executive Officer of the
Califomia State LAFCO Organization and University instructor.
Finally, a conscious effort was made to focus the workshop on exchanging information and perspectives,
and generating options and approaches to joint problem solving. However,the sponsors made it clear
from the outset that no formal decisions would be made and that the desired result of the workshop was
not to decide on the'right approach, but to enhance understanding between all parties.
The Workshop - Process and Substance
The facilitated workshop was held on a rainy Saturday, February 3, 1996 from 8:30 am-4:00 pm. The
Appendix of this working paper contains the Agenda and Groundrules established for the meeting which
provided the structure for the day. It was attended by 61 decisionmakers and key management staff
representing all 7 cities,the County, LAFCO, SLOCOG and 8 Special Districts. A list of participants is
included in the Appendix. The facilitator played the role of both traffic cop-moderating the panel
discussions, and limousine driver- making sure the workshop participants attained their objectives in a
manner that was thought provoking, interesting, efficient, and improved working relationships between
participants.
The Morning Session: "Getting Everybody on the Same Page"
The objectives of the morning sessions were to describe the parameters for a meaningful dialogue during
lunch and at each of the eight roundtables, and to share relevant information on the issues of
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Intergovernmental R • and A Workshop Sponsored bY The San Luis Obispo
Development at the Fringe Councilof •
vernments
development along the fringe of cities and salestproperty tax negotiations duringf annexation -
proceedings.
"A Clear Vision of Local Government Organization;.. Sounds Good But Will it Work Here?"r
Bob Braitman provided the Keynote Address that set the tone for the day. In hiss remarks, he made the
following observations about the context of development at the urban fringe:
• The need for cooperation between cities and the County is clear, but can a system be
developed in which the interests of cities and the County can'be recognized and
accommodated, and in fact be seen as parallel?
• Intergovemmental conflicts in San Luis Obispo County focus on issues of land use in the
vicinity of cities-who does what,where and how are the revenues fmm those changes
allocated.
• Within a city's sphere of influence,the city should be primarily responsible for urban land
use planning and development standards. This implies that a county should defer to the
city's judgment regarding land use in these areas and should refer applicants for
development to the city.
• A philosophy or policy is needed to improve joint planning and avoid'whip-sawing'between
cities and the county as developers look for the most favorable zoning.
• Counties function as schizophrenic agencies because they provide Moth countywide services
for everyone in the county and local, municipal-type services only inithe unincorporated
area.
In addition, Mr. Braitman provided the following prescriptions for consideration by all governmental units
within the geographic limits of the county:
• Jointly adopted intergovemmental policies should include the component that within city
spheres of influence:
- urban uses should be located within the city whenever and wherever practical
- County development standards should be equal to those of the city.
• Counties need to realize they cannot develop their way into prosperity;they cannot build
shopping malls and auto dealers fast enough in the unincorporated area to make up for the
State's underfunding of mandated county programs and takebacks of property taxes.
• Cities have to recognize and address the County's problems; most County services are
provided within cities and for city residents. Therefore, it is in the cities best interest to have
a financially strong and productive County.
• Cities need to step up and accept their responsibility to annex and serve existing residential
areas and not just new ones either. Why, because that's why they're there.
e Keynote Speech by Bob Braitman,Principal of Braitman and Associates;see Appendix"A".
A Local Agency Formation Commission(LAFCO)is a regulatory body responsible for the discouragement of
urban sprawl and the encouragement of the orderly formation and development of local governmental agencies
based upon local conditions and circumstances. A"Sphere of Influence" is a plan for this probable,physical
boundaries and service area of a city or special district.
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Intergovernmental Relations and A Workshop sponsored by The San Luis Obispo
Council of •
Development at the Fri •
After a period of questions and answers from the audience, the first panel discussions took place and
focused on Planning and Development within the Sphere of Influence Areas of cities. The-panelists
addressed a number of issues including:
• The existence and substance of General Standards for the evaluation of proposals for the
formation of municipalities and special districts and annexations;
• The existence and substance of Sphere of Influence Policies and Criteria
• Increased cooperation and joint planning efforts which are needed to control sprawl, provide
cost effective services, protect valuable agricultural and environmental resources, provide
for needed housing, promote economic vitality and maintain-pleasing,well-designed
communities
• The cities and the county have had a generally good working relationship with regard to
providing comments and input on pending projects in the unincorporated areas. However,
the extent to which city comments have been incorporated and reflected in the decision-
making process leaves room for improvement.
• Recently adopted LAFCO General Standards regarding affordable housing and infill
development place LAFCO in a position of`pushing the envelope'relative to their legislated
authority and responsibility.
Several perspectives emerged from the discussion:
• County subdivisions within urban spheres of influence may be inconsistent with city density
standards
• In reviewing subdivision applications,the approving agency has the best ability to
demonstrate the nexus between entitlements and public improvements before a subdivision
is approved rather than after.
• Agriculturally zoned land should not be proposed for annexation to cities under the guise of
remaining in agriculture and only when that land is intended for urban development, unless
comprehensive environmental review is undertaken prior to annexation.
• Cities and the County should collaboratively adopt standards for development within sphere
of influence areas so that potential inconsistencies are minimized.
A second panel discussion completed the morning`s efforts to equip all participants with the same
degree of information and degree of understanding. This second panel9 addressed the issue of Sales
9 Panel Speakers addressing the issue of LAFCO and Development in Fringe areas included:
1. Paul Hood,Acting LAFCO Director-Standards for Evaluating Proposals
2. Arnold Jonas,SLO City Planning Director-City/LAFCO Relations
3. Bob Lata,Paso Robles City Community Development Director-Subdivision Issues
4. Doreen Liberto-Blanck,Arroyo Grande City Planning Director-Development Standards and Patterns
S. Alex Hinds, SLO County Planning Director-Adopted Plan Conflicts and Land Development Standard
Conditions
9 Panel Speakers addressing the issue of Sales and Property Tax Negotiation were:
1. Gere Sibbach, San Luis Obispo County Auditor-AB 8-The Roadmap for Property Tax Distribution r
DUDEK&ASSOCIATES,INC. Engineering.Environmental Science and Management Services Page S
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Intergovernmental Relations and A workshop Sponsored by The San Luis Obispo
Development at the Fringe Council of Governments
and Property Tax Negotiations between cities and the County. Some of the key points made during this
session were:
• Revenue and Taxation Code Section 99 requires affected jurisdictions to negotiate an
exchange of property tax within a 30 day period (plus a conditional 115-day extension)or the
annexation cannot be heard by LAFCO. '
• Counties have bome the brunt of the State of California's property tax"grab"having lost
approximately 35%of property tax revenues whereas cities have only lost about 18%.
• The County cannot afford to subsidize annexing agencies by agreeing to an unreasonable
transfer of property tax.
• The concept of`revenue neutrality"for the County is being suggested as a basis for
negotiations of annexations.
• The County should not"profit*from annexations, nor should a tax exchange approach be
instituted that undermines good land use planning by discouraging cities from pursuing
logical and appropriate annexations.
• A key point of future discussions should be the length of time that will be considered in
projecting and recognizing fiscal impacts through property tax exchange. City
representatives strongly prefer to limit the timeframe to the time of annexation. County
representatives wish to discuss alternatives for a longer time period.':
• When land is annexed to a city and then developed,the County continues to provide a
variety of services for the new residents and businesses of the area. The County also
receives some additional revenue associated with those new uses.
• The County needs to receive all the property tax after annexation of vacant land to be
fiscally neutral for non-residential development. For residential annexations,the County
needs about 3/2 of the property tax it received before the annexation for it to break even.
Talking Things Over at Lunch
The lunch hour built upon the morning discussion and provided an opportunity for each roundtable to
brainstorm amongst themselves and provide specific recommendations and personal commitments to
improve their working relationships with the agencies they had, in the past, had most difficulty dealing
with. The recommendations and commitments were recorded and shared by each of the tables and are
contained in the Appendix. Common themes which arose out of this discussion were:
1. The better participants are able to understand the perspectives and fiscal situation facing
their negotiating partner, the greater the possibilities of continuing and benefiting from a
collaborative process.
2. Lee Williams,Assistant County Administrative Officer, San Luis Obispo County-Property Tax
Exchanges Associated with Annexations
3. Ken Hampian,Assistant City Manager, City of San Luis Obispo-Evaluation!of Property Tax Impacts
on Cities
4. Michael Multari,Principal, Crawford,Multari&Starr-Summary of Fiscal Impact Analysis of
Annexation and Vacant Land Development
r
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Intergovernmental Relations and A Workshop Sponsored by The Son L.ais OWSPO i
Development at the Fringe Council of •
2. Participants indicated commitment to obtaining more detailed information about the
'landscape of public finance'and cost revenue considerations facing both cities and the
County.
3. Participants were committed to understanding the needs, interests and perspectives of other
agencies through a series of inclusive meetings on a regular and recurring basis.
4. Participants were committed to keeping an open mind.
5. Participants recognized the need for regular and direct communication between and among
agencies and their staffs.
6. Participants recognized a need for a more cohesive approach to influencing State policy
which affects both cities and the County.
7. Participants recognized the need to use a neutral, skilled,third party mediator to discuss
important or emotionally charged issues.
The Afternoon Session-Prescriptive Discussions on Improving Intergovemmental Relations
During the afternoon session,workshop participants"rolled up their sleeves" and began the process of
developing specific recommendations for follow-up action. By design, each table was organized so that
there was geographic, political,staff and elected official parity. Every table had at least one
representative from the County, LAFCO, one or more cities, one or more special districts and one or
more management level staff. Participants were urged by the Facilitator to "deal with differences as
problems to be solved not battles to be won". They were also urged to be frank and true to the interests
of the political organizations they represented.
At the conclusion of the worksession, each table presented their recommendations on the two major
issues. Those recommendations are contained in Appendix"D". Common themes which emerged from
the worksession were as follows:
1. Cities should take full responsibility for their spheres of influence-'If you want control, you
have to take the good with the bad".
2. Urban development should take place within the boundaries of cities,whenever practical,
possibly through a replacement of Spheres of Influence designation with an Urban Growth
Boundary concept.
3. Trust, predictability and sharing of information can significantly improve working
relationships and foster collaboration in the future.
4. Jurisdictions within the County should establish a conflict resolution process using a third
party mediator with shared costs.
5. LAFCO should act and be viewed as an independent body as much as fiscally possible,
rather than operating as an extension of County staff.
6. Cities, Special Districts and the County should work together to effectively change State
policy regarding property tax distribution and support for mandated County programs.
7. More collaborative meetings and facilitated workshops should be held.to build on the
progress made to date.
8. LAFCO should reevaluate and update Spheres of Influence lines.
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Recommendations for the Future - -
In ogler to take advantage of the information,direction,good will and commitments generated by this
workshop, follow-up actions are necessary to maintain'some degree of momentum. Responsibility for
the next steps along the part to effective intergovernmental communication and collaboration lies not
only with the San Luis Obispo Council of Governments, but also with LAFCO, the County,the cities and
special districts. Additional recommendations related specifically to LAFCO may be found within the
Outline of Mr. Braitman's speech,contained in Appendix'A*>
SLOCOG:
1. Appoint a SLOCOG Subcommittee or Task Force with the responsibility for defining the
focus and framework for follow-up workshops on Intergovernmental Relations and
Collaborative Problem Solving: Based upon the interest generated at the February 3, 1996
Workshop,SLOCOG should appoint a subcommittee to work with staff and;other qualified
professionals to design and sponsor at least one or more follow-up workshops in late spring or early
summer of 1996. Such a follow-up workshops could be single issue or deal with several issues and
build on the momentum generated at the February workshop.
2. Develop an Intergovernmental Conflict Resolution Strategy and Framework to provide a
forum for problem solving between jurisdictions and agencies: Consistent with the provisions
of the Land Use and Environmental Dispute Mediation Act of 1994(SB 517), SLOCOG should
develop a systematic approach to the resolution of land use, environmental and intergovernmental
disputes. Such a dispute resolution system should consider the following potential roles that
SLOCOG could play:
- SLOCOG as convener of occasional dialogues between concemed interest groups and agencies
addressing intergovemmental issues such as transportation planning,tax revenue negotiations,
solid waste management, and LAFCO/Annexation issues;
- SLOCOG as a referral mechanism and technical resource provider for resolving disputes
between member agencies in which SLOCOG does not play a role; and,
- SLOCOG as a referral source with regard to the resolution of land use and environmental
disputes.
3. Appoint or retain a trained professional to serve as intergovernmental ombudsman. This
position could be of a part-time or on call nature and would provide an independent neutral third
party who could assist governmental entities in their own dispute resolution and negotiation efforts.
Where the parties were unable to resolve their conflict to the satisfaction of both jurisdictions, the
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ombuds could assist the parties in finding an outside, independent neutral third party to provide
conflict resolution assistance. - -
4. Train SLOCOG staff in collaborative problem solving and dispute resolution skills to assist
member agencies in dealing with intergovemmental conflicts.
County of San Luis Obispo,Cities and Special Districts
1. Each of these entities should consider sponsoring regular meetings between staffs of different
agencies to address and resolve mutual issues of concern and potential conflict. Each governmental
entity might set aside a portion of their regular meeting agenda to provide a forum for
intergovernmental communication between adjacent jurisdictions and and/or overlapping special
districts. City Councils may wish to adopt resolutions which recognize exemplary intergovernmental
collaboration on projects or programs.
2. Bi-monthly meetings between managers and mayors should be reestablished and include all cities
and the County Administrator and Supervisors.
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Workshop Convener, Facilitators, and Participants:
Convener: ;
San Luis Obispo Council of Governments
Staff: Ronald L.DeCadl, Executive Director
Steven Devencenzi, Senior Planner
Sue Hall,Administrative Assistant
Dan Herron,Workshop Participant
Steering Committee:
Laurence CBud") Laurent, SLOCOG President, County Supervisor, District 2
Hal Carden, SLOCOG Vice President, City of Atascadero, Councilman
Chris Iversen, City of Paso Robles City Councilman
Bob Hunt, City of Arroyo Grande City Manager
Lee Williams,Assistant County Administrative Officer
Facilitator.
John C. Jostes, Principal, Interface Dudek
Carolyn Barr, Facilitator's Assistant, Central Coast Consulting
Participants:
Cambria Community Services District Patrick Bradley
City of Arroyo Grande Peter Dougall
Bob Hunt
Doreen Liberto-Blanck
City of Atascadero Harold Carden
George Highland
Andy Takata
City of Grover Beach Ron Amoldsen
John Bahorski
Gene Gates
Marcia Hamilton
Fred Munroe
City of Morro Bay Rodger Anderson
City of Paso Robles Jim Heggarty
Chris Iversen
Bob Lata
Walt Macklin
Duane Picanco
Rich Ramirez
City of Pismo Beach Michael Fuson
Marian Mello
City of San Luis Obispo John Dunn
Ken Hampian
Arnold Jonas
Bill Roalman
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Council of •
Development • '
Dave Romero
Allan Settle
Kathy Smith
Dodie Williams
County of San Luis Obispo David Blakely
Ruth Brackett
Bob Hendrix
Alex Hinds
Lawrence L. Laurent
Jim Lindholm
Harry Ovid
Gere Sibbach
Lee Williams
Crawford, Muttari &Starr Michael Muitari
Heritage Ranch Community Services District Kit Carter
Rollin Lemm
Independence Ranch Community Services Laurie Ion
District
Nipomo Community Services District Bob Blair
Doug Jones
Port San Luis Community Services District Joe Barget
John D'Omellas
San Luis Obispo Council of Governments Dan Herron
San Luis Obispo County LAFCO Byron Briley
Becky Cypert
William Engels
Paul Hood
Carolyn Moffatt
Craig Pritchard
Larry Rathbun
San Simeon Community Services District John Wallace
Templeton Community Services District. Russ Thompson
William Van Orden
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Appendices
A. Outline of Bob Brahman's Speech
B. Workshop Agenda
C. Groundrules
D. Commitments and Recommendations from Lunch-time Discussion
E. Afternoon Talking Points
F. Recommendations for the Future - Table-by-Table Recommendations for
Follow-Up Action
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i
. APPENDIX "A"
INTERGOVERNMENTAL RELATIONS AND
DEVELOPMENT AT THE FRINGE
San Luis Obispo -February 3, 1996
Today must be important, otherwise you wouldn't be here, nor would I have received
long calls during the past week from city and county administrators
Need for cooperation
Government represents people and the activities in their lives. There are many
competing interests so it is natural that government is involved in conflicts. If the
things local government does were "fun" the legislature would be doing them itself.
Also, local government doesn't exist in a vacuTsn. There are state laws which at times
interfere with doing things logically, need to overcome these outside influences.
Can a system be developed in which the interests of cities and the County can be
recognized and accommodated, and in fact be seen as parallel?
Some people put great stock in the Constitution Revision Commission to solve our
problems, for example to create a system in which cities and counties do not compete
for the same types of revenues.
I don't think we should rely on the CRC; no one knows what, if anything, will
emerge so we still need to work together. If the "comm.unity charter" idea has
merit the work being done here today will help in the future
Intergovernmental conflicts in SLO, at least those we are talking about today, appear
to focus on issues of land use in the vicinity of cities — who does what and where -
and also the allocation of revenues resulting from land use changes. These are issues
which can be addressed
Need to define responsibilities and work together to implement them
I think I can describe system of local government which leads to cooperation,
harmony, parallel interests. Good for cities, and also good for the county
The first step is to define roles for the cities and county, and special districts.
The philosophy should be within city sphere of influence the County defers to the city
regarding urban uses. Within a city's sphere of influence (as defined by LAFCO) the
city is primarily responsible for urban land use planning and development standards.
This means the county should defer to the city's judgment regarding land use in these
areas and in sphere of influence it should send urban land use applicants to the city
State requires capital improvement plans, local agencies - cities and districts - need to
be able to rely on their ability to implement those plans in their sphere of influence
without interference from other agencies '
000056
The philosophy is needed to improve planning, avoid "whip-sawing" between cities
and the county by developers looking. for the most favorable; zoning. Remove the
financial incentive for developers to seek to develop outside of Cities.
And, if a city says "no" to a proposed development, it's not a reason the county should
say "yes", it's another reason the county should also say "no",. to implement the
philosophy within its sphere the city should make the urban the land use decisions.
County needs to be careful it doesn't represent just the unincorporated area. County
supervisors see a skewed constituency, cities screen problems, so county sees mainly
problems outside of cities; need to remember that lands annexed to cities are still in
the county, city residents are also county residents.
The next step is to act based on those defined responsibilities and to assist each other.
We and the public need predictability in the land use planning process - not each
decision, but who will be making them - define roles of city and county in planning
Jointly adopted intergovernmental policies should include the component that within
City spheres of influence
• Urban uses should be located.within the city whenever and wherever practical
• County development standards should be equal to the city
It may seem difficult at first because, lets face it, counties are schizophrenic agencies
• They provide countywide services and
• provide local, municipal type services in the unincorporated area
The key is to recognize there are two sorts of unincorporated development based on
its location - the land within city spheres of influence or which relate to that city and
land which is within or related to unincorporated communities.' There can be similar
tract maps but location make them different and the county needs a different set of
policies and procedures for each.
I have examined your LAFCO's "General Standards" and think this may be where these
polices can be articulated and endorsed by the county and all cities
If the county doesn't recognize this difference, besides injuring cities' ability to plan
for their future, it does not serve well the people who live in the unincorporated area.
This is why the role of special districts is so important in providing services to those
unincorporated areas which are separate from city growth areas.
For reasons we can discuss, counties are unable to provide "high levels of urban
services in the unincorporated area -- as an example, examine the lack of public parks
and recreation services in unincorporated areas, even Los Osos, as compared to cities
While development in the unincorporated area may appear to less expensive at first
due to less stringent development standards, this is not translated into higher levels
of sengce for those destined to reside in those projects.
2 00005`7
Competition for revenues
I think there is a need to distribute.sales tax on a different basis than at present but
not on an annexation-by-annexation basis; that simply treats some businesses
differently than others. We need legislation or we will continue to have the unholy
competition for malls and auto dealers which has lead to poor land-use planning.
Local agencies in California are rewarded for commercial space by state laws which
distribute sales taxes based on where the sale occurred, not where the purchaser lives.
As a result there is a great disparity in per capita sales.tax revenue
Refer to sales tax distribution table
Counties have to realize they cannot develop their way into prosperity, they cannot
build shopping malls and auto dealers fast enough in the unincorporated area to
make up for the State's,underfunding-of mandated county programs and take-backs
of property taxes. That is the root of the.County's problems; unless that is corrected
there will be continued conflict over revenues
Moreover, the quest for sales tax leads the county in the wrong direction and makes it
even harder to provide adequate local services and countywide services;
Cities have to recognize and address the county's problems; most county services are
provided within cities and for city residents; it is in the cities' interest to have a
financially strong county. How many cities have written letters or resolutions or
testified in Sacramento in support of your county's efforts to have secure funding?
Likewise, if cities are saying to the county, don't entertain developments in our
spheres, there is an obligation by cities to be equally enthusiastic about annexing
residential uses and to be reasonable in accepting their fair share of housing,
The city's annexation program should not weigh each annexations separately to see if
it is a financial "winner" or "loser" but rather should consider an overall annexation
program recognizing some annexations will generate higher revenues than others.
That is a purpose of sphere of influence planning, to define the probable boundaries.
Cities need to step up and accept their responsibility to annex and serve residential
areas, and not just new ones either. Why? Because that's why they're there.
Advisability of master property tax transfer agreements
Treat all annexations equally
Facilitate annexation processing
Don't marry current political issues to the annexation de jure
Avoid bias for or against particular types of annexation
Don't' spend S thousands fighting over S hundreds
3
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Annexation of vacant land
Having theredictabili - -
P ty I have mentioned that the county won't approved urban uses
within city spheres of influence should discourage cities from seeking to prematurely
annex open space or agriculture, since theywill be secure in knowing the county won't
approve development there first and thereby frustrated their land use plans.
City annexations should include pre-zoning, which LAFCO can require. Prezoning:
Defines what the permitted land uses will be,
Promote in-fill development
Helps prevent premature annexation of agriculturaf land, avoid subterfuge and
insure annexations are timely
Automatically makes the City the lead agency for CEQA environmental plans
for undeveloped property
000059
S>_O County Per Capita Sales Tax
Columnl I Column 2 I Column 3 I Column 4
Jurisdiction ISales Tax Revenue- FY 94-95 Population as of 1/95 Per Capita Revenue '
San Luis Obispo 6,419,416 42,950 $149.46
Paso Robles 2,578,844 • 21,750 $118.57
Pismo Beach 966,946 8,300 $116.50
Mono Bay 1,006,782 9,900 $101.70
Arroyo Grande 1,461,055 15,0001 597.40
Atascadero 1,917,933 25,2001 $76.11
Grover City 641,318 12,4501 $51.51
Unincorporated Area 2,902,257 100,0001 529.02
17,894,551 235,550
1
1Average per capita sales tax of all seven cities $110.60
1
Average per capita all cities plus unincorporated area $75.97
1 Unincorporated population is 42.5% of total I
.Unincorporated sales tax is 16.2% of total �
.Data in Columns 2 and 3 provided by State Department of Finance 1
1
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Paget 000060
APPENDIX B
MORNING AGENDA -
8:30- 9:00 a.ms Registration and Coffee
9:00- 9:OS amt Convening Remarks by Ron De Carli
9:OS- 9:1S am. Facilitator Commentary by John Jostes
9:1S- 9:40 a.m. Keynote Speaker, Bob Braitman- "A Clear Vision,of Local Government
Organization... Sounds Good, but Will it Work Here?"
9:40- 9:SS a.m. Question and Answer Session with Audience,focusing on Braitman
Presentation
9:SS- 10:40 a.m. Panel Discussion of Development in City Spheres of In,f luence and
LAFCO
Panel Speakers:
1. Mr. Paul Hood, Acting LAFCO Director-Standards for Evaluating
Proposals
2. Mr. Arnold Jonas, SLO City Planning Director-City/LAFCO Relations
3. Mr. Bob Lata, Paso Robles City Community Development Director-
Subdivision Issues
4. Ms. Doreen Liberto-Blanck, Arroyo Grande City Planning Director-
Development Standards and Patterns
S. Mr. Alex Hinds, SLO County Planning Director-Adopted Plan Conflicts
and Land Development Standard Conditions
Observations on Panel Discussion by Bob Braitman
10:40- 11:10 a.m. Question and Answer Session with Audience
11:10- 11:25 a.mi. Break
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11:25- 12.00 noon Panel Discussion of Sales and Property Tax Negotiations
Panel Speakers:
1. Mr. Gere Sibbach, San Luis Obispo County Auditor-AB 8- The Roadmap for
Property Tax Distribution
2. Mr. Lee Williams, Assistant County Administrative Officer, San Luis Obispo
County-Property Tax Exchanges Associated with Annexations
3. Mr. Ken Hampian, Assistant City Manager, City of San Luis Obispo-Evaluation
of Property Tax Impacts on Cities
4. Mr. Michael Multari,Principal, Crawford,Multari& Starr-Summary of Fiscal
Impact Analysis of Annexation and Vacant Land Development
Observations on Panel Discussion by Bob Braitman
12-12:1 S p.m. Question and Answer Session with Audience
12.-15- 1:1 S p.m. Lunch Break and Participant Discussion on Improving
Intergovernmental Communications and Relations
AFTERNOONAGENDA
1:15-1:2S p.m. Facilitator Comments on Afternoon Worksession
1:2S-2:1 S p.m. Sphere of Injluence/LAFCO Table-by Table Discussions
2.-1S-3:00 p.m. Property Tax/Sales Tax Negotiations- Table-by Table Discussions
3:00-3:10 p.m. Break
3:10-3:45 p.nL Table-by-Table Commentary
3:45- 4.00 p.m. Synthesis by Facilitator(with input from Bob Braitman)
4.00- 4.10 p.m. Opportunity for Public Comments
4:10 p.m. Closing Remarks by Bud Laurent, Board President and Hal Carden,
Board Vice President
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APPENDIX C
GRO UNDR ULES FOR COLLABORATION
J
As Workshop Participants, We Collectively Agree To
1. deal with differences as problems to be solved rather
than battles to be won;
2. share all relevant information;
3. focus on "interests" not "positions
4. provide everyone with a chance to speak once before
someone speaks twice;
5. avoid taking "cheap shots", name calling and
otherwise disrespectful behavior,
6. take personal responsibility for clearly communicating
issues and interests of importance;
7. keep the discussion focused; and,
8. avoid making public statements which prejudge the
outcome of the workshop or follow-up meetings.
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Council of Govenrments Intergovernmental Relations and
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APPENDIX E
AFTERNOON TALKING .POINTS
1
opportunities for collaborative planning
precedents for intergovernmental cooperation and
mutual aid
lessons for the future
objective criteria for a fair and predictable
negotiating process
unique circumstances which deserve special
consideration
how to generate joint gains or minimize downside
risks?
opportunities for improving trust between agencies
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APPENDIX D
RECOMMENDATIONS AND COMMITMENTS -
Voiced by SLOCOG Workshop Participants
following
Lunch-time Discussion
Table#1
Improvement of Communications Between Local Agencies
1. Remove S Out of Discussion
a. Creates a winner and a loser
b. Should be handled at legislature
2. Allow and Appreciate Other Agencies' Opinions
a. A meeting of cities or districts should not be seen as adversarial
Table#2
1. Make a commitment for further education
2. City Council members can meet with their Board of Supervisor representative
3. Enhance communication with special districts,board of supervisots, and cities on a
semi-annual basis.
-sub-regional interagency meetings
4. Board of Supervisors, cities and districts can work together at thei State level
5. Expand monthly Mayor's and City Managers' meeting to include County CAO and
Board members.
6. Build an ongoing relationship with Assemblyman Tom Bordonaro and Senator Jack
O'Connell
Table#3
1. To be better acquainted with how cities/counties/special districtswork
2. To work with cities and counties to derive solutions to mutual problems
3. Try to help all perspectives be considered
4. To help unify cities and counties to state;improve state regulations and understanding
5. Help Paso Robles residents understand financial issues and how county residents
impact city facilities
6. To include county as partner in future meetings with cities
7. To improve relationships between CSD's and adjacent local governments
8. To better understand cities responsibilities funding needs
Table#4
1. Conduct an all City meeting on April 1 lth with the County invited
2. Open space/urban reserve line relationships
3. LAFCO/SLOCOG relationship -communication and information exchange
4. Promote CSAC/League of California Cities approaches toward unfunded State
mandates that affect County and City
5. Keep taxable income where it is earned
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6. Separate County Budget into urban and rural components
7. Recognize City commitment to providing police, fire, water, sewer
Table#5
No formal recommendations or commitments put forth
Table#6
1. Regular communication with counterpoints(finance, planning, etc.)
2. Expand"tool chest" for land use-jointly, Cities/County
3. View issues from opposing perspectives
4. Simplify the process
5. Meet regularly... and electronically
Table#7
1. Raise the issue of regional decision making-- County dominance
2. Examine each others' financial status-economic base, etc., to better understand each
others' problems
3. LAFCO could facilitate improving understanding among all members of the local
team,including districts
4. Avoid welthey conflict, in part by understanding other points of view
5. Focus on what we have in common
6. Recognize different dynamics of Board of Supervisors participation on regional bodies
as compared to cities
Table#8
1. Communications: Not relying on the media as main source of information
2. Working Relations: Make effort to learn/understand the other party's perspective
3. Problem Solving Approach: Approach all proposals with an open mind
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APPENDIX F
AFTERNOON ROUNDTABLE DISCUSSIONS
AND RECOMMENDATIONS
Table#1
SPHERE OF INFLUENCE AND LAFCO
1. Cities Should Work With County to Declare Land Use Desires
A. Cities must take responsibility for their spheres of influence: "If you
want control, you have to take the good with the bad"
B. LAFCO must take a proactive review of spheres of influence
2. Master Agreement Between County-City and Districts that Development Shall Take
Place in Urban Areas
--Spheres of Influence of Cities, Districts, and Villages
PROPERTY TAX(SALES TAX NEGOTIATIONS
1. Cities, Special Districts, and Counties must lobby State government to revise property
tax exchange to address state-protected local funding
2. Cities and County should have a Master Property Tax Agreement
Table#2
Collaborative Planning
1. Involve County in the early fiscal analysis of an annexation
2. Continue present negotiations on property tax exchange
3. Hold work sessions/study sessions between Cities, County, and/or Districts on
property sales tax and other financing matters
4. When County prepares plan updates, coordinate with Cities for consistency. Also
Cities to plan for the outside areas
5. Provide for greater communication between City decision makers and the County, as
well as property owners
6. Automate information and dissemination on SLONET
7. Reassess sphere of influence lines
Precedents for Intergovernmental Cooperation and Mutual Aid
I. SEMS, mutual-aid, SLOCOG, Foundation for Community Design
2. Area advisory groups
3. Look at other counties for examples
4. North County Council
5. Mayors/City Managers group
Lessons for the Future
I. Assessment of existing cooperative efforts
2. Expand mayor's group to include county and district representation on pertinent issues
or on a periodic basis
3. Establish conflict resolution using a third party mediator with shared costs
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Table#3
SPHERE OF INFLUENCE&LAFCO
1. "Affordable" housing-LAFCO review may be redundant
2. INFILL: Perhaps we can eliminate present Spheres of Influence, SOS's, City Limits and
replace with"Urban Growth Boundary"(UGB) concept with TDC involvement by cities
3. Issues:
• Trust
• Predictability
• Certai=
• LAFCO staff conflicts
• Open space at Urban Boundaries (TDC zone)
TAX NEGOTIATIONS
1. 30-day"clock"for negotiations is a problem
2. Negotiations must be based on solid figures/facts and on good faith
3. Fiscal neutrality principle is sound
4. Urban development on Cities' fringes should occur within Cities' boundaries(ties to
U.G.B. concept)
Table#4
1. The County needs to accept the Crawford/Multari study.
2. Adopt a resolution on April 14th approving the Crawford/Multari study.
Table#5
1. This meeting served as a good first step... let's do more of the same
2. Special districts, cities, and counties need to resolve issues(tax allocation, etc.)
through negotiation... and mediation if necessary
3. Set timelines
Table#6
1. Communities differ-only some want to become cities. Land Use is the,key issue...
local commission might alleviate this.
2. No new layers of government; might look to advisory committees, elected,to review
individual projects at the front end.
3. Key to effective input- information and credibility
4. Question-who should set greenbelts? City or County?
5. New LAFCO structure should be less County controlled; still perceived as controlled
by County staff
6. Sphere of influence workshop might help as(a 1st step with input from Cities, CSD's,
County
7. Consensus-LAFCO should act as an independent body as much as fiscally possible
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8. Process-decision making should be mutually agreed upon, ideally when sphere of
influence overlaps"community". More joint planning is needed in urban fringe.
9. Tax issues-principle negotiated Cities/County are sound... especially revenue neutral
annexation
10. Cities and County should jointly press the State to roll back property tax
Table#7
1. Clarify ground rules up front-by mutual agreement
2. Earlier collaboration on county-wide planning
3. Trust issue—County has approved projects on the City boundary that the City
opposed
4. Update spheres of influence
5. Implement concept of guidelines for orderly development
6. Establish policy that urban development be directed at cities
7. Early collaboration to address changing circumstances. e.g. if new problem led to
proposed change in annexation tax exchange, Cities should be contacted up front
8. Could Board of Supervisors be elected on a different geographic:basis?
9. County should not try to solve its structural revenue problems by unilateral action
against cities.
10. Counties do have service issues that Cities do not- health, social'.services
11. Support County developing two budgets-- County-wide and municipal services in
unincorporated areas
12. Sales tax should not be included in annexation transfers... but future sales tax might be
allocated on a different basis
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DUDEK&ASSOCIATES.INC. Engineering.Environmental Science and Management Services Page 10
000069
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-2
From: Andrew J. Takata, City Manager Meeting Date: 3/26/96
SUBJECT: S.L.O. Council of Governments (SLOCOG), Final Draft Neo Traditional
Planning "Model" Ordinance
RECOMMENDATION
Receive the report, and endorse the model ordinance as a volun ary implementation
tool for design options.
BACKGROUND:
This item appears on the agenda at the request of Councilman Carden, the Council's
appointee*to SLOCOG.
Last summer the SLOCOG board endorsed the distribution of a guidebook, Creating
Transportation Choices Through Development Design and Z ning, to member
jurisdictions as a planning and policy tool, as part of a joint project between SLOCOG
and the Air Pollution Control District. Last Spring the Bo ard of Supervisors
authorized the development of 'model ordinance langua a for voluntary
implementation, which will allow for increased flexibility fol the development
community with regard to density, design and parking.
Ron DeCarli, SLOCOG Executive Director, will be at the Mar h 26" meeting to
present the staff report on this item to Council and be available to respond to
questions.
AJT:ch
0000'70
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
'STAFF REPORT
DATE: MARCH 6: 499S.:
SUBJECT: Final:<DraftNeoTraditionai.Planning.-"..Model' Ordinance
SUMMARY
Last summer the SLOCOG board endorsed distributing'Creating Transportation Choices Through
Development Design and Zoning.A Guidebook for the Communifiesof San Luis Obispo County to
member jurisdictions as a planning and policy tool, a joint project between SLOCOG and APCO.
Last Spring your Board authorized consultant Crawford, Multari,&Starr to develop model ordinance
language(as a-result of their preparation of neo-traditional ordinance language for the City of Paso
Robles), to function as a voluntary implementation tool for neo-traditional design options. Through
incentives,this model ordinance will allow increased flexibility for the.development community with
regard to density, design, and parking.
RECOMMENDATION
STAFF: Endorse the model ordinance and distribute to member jurisdictions as a
voluntary implementation tool of neo-traditional design options.
TTAC: Support staff recommendation
CTAC: Received No Action
PLANNING Support staff recommendation
DIRECTORS:
DISCUSSION
Last Spring, the Council of Governments provided a $5,000 funding match from discretionary
Surface Transportation Funds for the City of Paso Robles to prepare`neo-traditional' and transit
oriented design standards and ordinance language tailored specifically for their community. The City
developed a set of"neo-traditional"code options that are relevant to a number of.different situations
(downtown commercial, other commercial, infill residential,new residential subdivisions and new
specific plan areas). The ordinance is included in Attachment 1.
This design approach encourages new development to reflect the regions history and small town and
rural character. Desirable features include houses on smaller lots oriented toward the street;
relatively narrow streets;landscaped parkways between curbs and sidewalks; large canopy trees;
the use of alleys or detached garages located at the rear of the lot; an emphasis on pedestrian,
bicycle and bus transportation options; and the integration of several activities in close proximity,
including jobs, schools, housing, shopping and recreational facilities. These features are often
referred to as"neo-traditional"because they reflect traditional forms but are also adapted to present
day circumstances.
The advantages of this design approach include an increased sense of neighborhood and
community; reduced emphasis on the automobile and greater use of bikes, buses and walking for
neighborhood circulation; and, a more attractive, aesthetically pleasing streetscape.
0000'71
C-3-1
This model ordinance is set up as an incentive program, encouraging neo-traditional features in infill
single family areas, new single family subdivisions, new specific plan areas, and new commercial
developments. It is not written as a mandatory set of regulations, although it can be adapted for that
purpose. Incentives used in this'model include density bonuses; relief from usual set back, lot size
and lot dimension requirements; more flexible parking standards; and fee reductions. Other
incentives may be possible, such as priority processing, higher priority in:a growth management
ranking system, or relief from water retrofit requirements. Clearly, each jurisdiction will need to
examine its circumstances and decide which incentives may be acceptable— and effective.
Residential Development
As an example, the model ordinance outlines the necessary requirements for a residential project
to be eligible for incentives such as a 5% reduction in development impact fee and 5% density
bonus. Specific neo-traditional features for residential infill and subdivision projects include; narrow
streets, interconnected street pattems, alleys, garages on roar half of lot(s), parkways between curb
and sidewalk, street trees, and front porches. Features in residential specific plans also include
addressing secondary residential units, public parks or squares, pedestrian and bike connections
to activity centers, and neighborhood commercial to name a few.
Obviously there is considerable variability from jurisdiction to jurisdiction with regard to design
standards, particularly minimally acceptable road widths. The intent is to make the streets as narrow
as possible to still accommodate safety and transportation requirements. Narrow widths will result
in slower traffic flow, providing for greater public safety and livable neighborhoods.
Commercial Development
Further, the incentive concept applies to commercial development activity as well. Projects that
meet the incentive criteria outlined in the ordinance would be eligible for a reduction of 5% to 7.5%
in development fees. Specific neo-traditional features for commercial development include: build
to back of sidewalk, multi-story buildings, buildings with traditional design and materials, doors and
windows oriented to the street, parking in roar or no parking, public seating/eating areas adjacent
to the sidewalk, transit stop, and mixed uses.
Conclusion
The purpose of discussing transportation development design concepts and model ordinance
language in a regional planning form is to encourage SLOCOG's member jurisdictions to recognize
the regional significance of some local planning decision making. Highway and street capacity can
only serve the vehicles for which it was designed. The planning and design of the transportation
system is both a regional and local process, since travel knows no jurisdictional limits. However,
vehicle trips are generated locally, as a result of policies and decisions made independently by each
jurisdiction in San Luis Obispo County. Vehicle-oriented development is recognized as a primary
cause of traffic congestion and its resulting impacts on community identity and quality of life. The
attached code options encourage improvements to the multi-modal transportation infrastructure by
supporting transit oriented development and pedestrian/bicycle access.
0000'72
C-3 -2
Model Ordinance, February 1996
Chapter XX.xx
NEO-TRADITIONAL DESIGN OPTIONS
Sections:
XX.xx.010 Purpose and intent.
XX.xx.020 Incentives for neo-traditional design: residential.
XX.xx.030 Definitions of neo-traditional features: residential.
XX.xx.040 Earning incentives: residential.
XX.xx.050 Incentives for neo-traditional design: commercial.
XX.xx.060 Definitions of neo-traditional features: commercial.
XX.xx.070 Earning incentives: commercial.
XX.xx.080 Approval process.
XX.xx.010 Purpose and intent.
The City encourages new development to use designs and an urban form that recall the area's
history and small town character. Desirable features include houses on smaller lots oriented
toward the street; relatively narrow streets; landscaped parkways between curbs and sidewalks;
large canopy trees; the use of alleys or detached garages located at the rear of the lot; an
emphasis on pedestrian, bicycle and bus transportation options; and the integration of several
activities in close proximity, including jobs, schools, housing, shopping and recreational
facilities. These features are often referred to as "neo-traditional" because they reflect traditional
forms but are also adapted to present day circumstances. The advantages of this design approach
include an increased sense of neighborhood and community; reduced emphasis on the
automobile and greater use of bikes, buses and walking for neighborhood circulation; and, a
more attractive, aesthetically pleasing streetscape.
Crawford Multari&Starr RRM Design Group
- 1 - 0000'7:3
C-3 -3
Neo traditional option
Model ordinance, February 1996
This chapter sets forth an incentive program to encourage a neo-traditional design approach. If
an applicant includes a number of neo-traditional features into his/her project, the City will allow
increased flexibility with regard to density, design, and parking, and will reduce the usually
required development fees.
Note to users: This ordinance is set up as an incentive program, encouraging neo-traditional
features in infill single family areas, new single family subdivisions, new specific plan areas, and
new commercial developments. It is not written as a mandatory set of regulations, although it
can be adapted for that purpose. Incentives used in this model include density bonuses; relief
from usual set back lot size and lot dimension requirements; more flexible%parking standards;
and fee reductions. Other incentives may be possible in your case,such as priority processing;
higher priority in a growth management ranking system, or relief from wafter retrofit
requirements. Clearly, each jurisdiction will need to examine its circumstances and decide
which incentives may be acceptable --and effective.
XX.xx.020 Incentives for neo-traditional design-- residential
If a residential project meets the criteria set forth in section XX.xx.040 below, the following
modifications to usual requirements and fees shall be approved by the City:
Note to users: For all of the following ideas, and especially for set back reductions and street
widths, the incentives will need to be tailored to the speck circumstancesin your city
considering your usual requirements and standards, as well as the appropriate and politically
acceptable level offlexibility.
A. Reduced lot size and flexibility regarding setbacks. For all single family residential lots,
the minimum lot size may be 4500 square feet for interior lots and 5000 square feet for corner
lots. Minimum lot width shall be 45 feet; minimum lot depth shall be 100 feet. Minimum
setbacks may be reduced as follows:
Crawford Multari&Starr RRM Design Group
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Neo traditional option
Model ordinance, February 1996
Table A
Front Rear Side
Main house, without alleys or detached garages in 15 ft 5 ft 5 ft
rear
Main house, with either alleys or detached garage 15 ft 10 ft 5 ft
in rear
Front porches 15 ft I na 5 ft
Detached and attached garages 20 ft Oft Oft
Other accessory buildings 20 ft 10 ft 5 ft
Parking spaces 1 15 ft 10ft O ft
B. Covered parking. For all single family residential lots, the minimum parking requirement shall
be one covered and enclosed (garage) space and one uncovered space. "Tandem" parking spaces
shall be permitted; that is, they may be located in line with one another(such that one space
effectively blocks the access for another) provided that the all spaces are set back at least 20 feet
from the front property line.
C. Parking for secondary units. At least one space shall be provided for each secondary unit;
however, said space may be uncovered and may be a "tandem" space.
D. Reduced street widths. Street paving widths may be allowed pursuant to Table B:
Table B
On street parking Minimum width Maximum width
required curb-to-curb curb-to-curb
none 20 feet 24 feet
one side 25 feet 27 feet
two sides 32 feet 32 feet
* would accommodate parking on both sides of the street
Crawford Multari&Starr RRM Design Group
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C-3�
Neo traditional option
Model ordinance, February 1996
IsNote to users: There is considerable variability from jurisdiction to jurisdiction with regard to
minimally acceptable road widths. The intent is to make the streets as narrow as possible to still
accommodate safety and transportation requirements. Undoubtedly, the narrower widths will
result in slower traffic flow; designing to create that effect is purposeful.
E. Fee reductions. The City Council shall reduce City development impact;fees by a minimum of
5% to a maximum of 7.5%, depending on the number and type of neo-traditional features
incorporated into the project; see Section XX.xx.040, below.
F. Density bonus. The City Council shall grant a density bonus of at least 5% up to a maximum
of 10%, depending on the number and type of neo-traditional features incorporated into the
project; see Section XX.xx.040, below. A larger bonus may be considered to achieve densities
that better support neighborhoods and communities served by fixed route transit.
XX.xx.030 Definition of neo-traditional features: residential.
The following defines the features associated with neo-traditional residential design for purposes
of this ordinance:
A. Narrow streets. Residential streets not wider than 32 feet curb-to-curb with on street parking
on both sides or 27 feet curb-to-curb with parking on one side. See Figure
B. Interconnected street patterns. For all areas with less than 10% slope, streets laid out in a
rectangular grid pattern or other pattern where streets are generally parallel to one another with
regular, roughly perpendicular connections between the parallel blocks, to the extent practical.
Blocks generally not more than 520 feet long. See Figure_ Curb returns at intersections
should not exceed 12-feet, in general.
Note to users: The intent here is create an "interconnected"pattern of easy access throughout
the neighborhood The traditional model is a rectilinear grid system, but other patterns may be
as effective. Cul de sacs may be included provided that the overall pattern is generally
preserved and that bicycle and pedestrian connections are maintained throughout the
neighborhood. Furthermore, to the extent practical, cul de sacs should be replaced with
"hammerhead"turn arounds to reduce the required paved areas.
Crawford Multari&Starr RRM Design Group
-4 - C-3-(a 0000",6
Neo traditional option
Model ordinance, February 1996
C. Alleys. Subdivision design that includes alleys along the rear property lines which are used
for access to garages or parking spaces, and for other functions such as garbage pick-up.
D. Garages on rear half of lot. Garages which are located on the rear half of residential lots,
they may be accessed from rear alleys and/or driveways from the street. See Figure_.
E. Parkways between curb and sidewalk. A landscaped area at least four feet wide between
the back of curb and a paved sidewalk.
F. Street trees. Planting at least one tree per lot in the parkway; said trees shall be of a species
that typically develops a large scale canopy that will extend partially over the street.
Note to users: In some cases, allowing street trees to be "clustered"rather than lined up at
regular intervals may be preferred,perhaps to preserve view corridors to especially scenic
features,for example. However, regularly spaced, large-canopy trees, creating a visually
confining overhang above the sidewalk and the street, reflect the more typical traditional
streetscape which is often regarded as particularly attractive (and valuable) by residents.
G. Front porches. Houses that have a covered porch or patio at the first floor level oriented
toward the front yard and street. Said porches shall be at least 40 square feet in area.
Crawford Multari&Starr RRM Design Group
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C-3-7
Neo traditional option
Model ordinance, February 1996
• PAVED SIDEWALK
• 4' MINIMUM PARKWAY WITH STREET TREES j
4
G
q
[Ino 0 0
-1ifoot maximum curb-to-curb
RESIDENTIAL STREET WITH
PARKING ON BOTH SIDES OF
STREET
PARKWAYS ADJACENT TO STREET
Crawford Multari & Starr RRM Desi n
C-3-8
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Neo traditional option
Model ordinance, Febniary 1996
TANDEM PARKING
ALLEY
l:.� . . - - _ : • �� firs- . . . ' .
TANDEM ALLEY ACCESS - CONNECTED GARAGE
PARKING - TWO GARAGE STREET ACCESS
STREET ACCESS SPACES AND ONE ONE COVERED
ONE COVERED OPEN SPACE SPACE AND ONE
SPACE AND ONE OPEN SPACE
OPEN SPACE
GARAGE LOCATION EXAMPLES
Crawford Multari & Starr RRM Design Group
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C-3 -10
Neo traditional option
Model ordinance, February 1996
H. Second residential units. An additional residential unit located above a garage, in a flat or
accessory apartment attached to the main house, or in a building separate from the main house.
Said units shall not exceed 640 square feet in area.
I. Public parks or squares. An open public area of at least 10,000 square feet with landscaping,
benches and other amenities, installed by the developer and dedicated to the City; a public school
site shall also satisfy this criterion.
J. Pedestrian and bike connections to activity centers. Clear and easily accessible bike ways
and/or pedestrian routes to activity centers such as parks, shopping, schools or employment
centers.
K. Neighborhood commercial. Inclusion of neighborhood oriented commercial uses within a
subdivision or specific plan area or the location of a subdivision adjacent to a neighborhood
commercial-district or within 1000 feet of a neighborhood-serving commercial use.
Note to users: You may need to modify your general plan and/or zoning to allow neighborhood
commercial within a residentially designated area.
L. Bus turn-outs and shelters. The inclusion of a bus turn out with covered seating in a
location suitable to serve existing or likely future transit routes in or adjacent to the project.
M. Traditional house designs. The utilization of design, building forms, colors and materials
that recall traditional patterns as described in the neo-traditional design guidelines as they may be
adopted by the City Council. The guidelines include those items considered basic or essential to
traditional design; the guidelines also delineate those items which are not essential but which do
further enhance the traditional form. The determination as to whether or not the designs meet the
guidelines "basic" or "extra", shall be made by the decision making body.
Note to users: Alternatively, this determination may be made by staff or an ARC or DRC and
reported to the decision making body.
N. Detached bike ways. Inclusion of detached ("class one") bikeways within the project.
Crawford Multari &Starr RRM Design Group
C-3 -11 000081
Neo traditional option
Model ordinance, February 1996
XX.xx.040 Earning incentives: residential.
In order to be eligible for the incentives listed in Section XX.xx.020 above,;including a 5%
reduction in development impact fees and a 5%density bonus, a residential project must meet the
following requirements:
A. Infill residential. All the features listed as required in Table C, below.
B. New subdivisions. All of the features listed as required in Table C, as well as a selection of
optional features totaling at least 3 points as shown in Table C.
C. New specific plan areas. All of the features listed as required in Table C, as well as a
selection of optional features totaling at least 5 points as shown in Table C.
D. Further fee reductions and density bonus. The City will reduce development impact fees
by 7.5 % instead of 5%, and provide a density bonus of at least 10%. if projects earn the
following number of total points:
Infill 3 points
New subdivisions 5 points
Specific plan areas 8 points
Crawford Multari&Starr RRM Design Group
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C-3 -12 000082
Neo traditional option
Model ordinance, February 1996
Table C
Feature Infill Sub Specifi
narrow streets R R
alleys or access from existing alleys or R R
garages on rear half of lot(at least 50%of units)
alleys or access from existing alleys or O 1 O 1
garages on rear half of lot(at least 75%of units)
alleys or access from existing alleys or R* O 2 O 2
garages on rear half of lot(100%of units)
parkways between curb and sidewalk R R
street trees R R R
front porches(at least 50%of units) R R R
front porches(at least 75%of units) O 1 O 1 O 1
second dwelling units(at least 15%of units) O O 2 O 2
public park or square O 2 O 2
bike/ped connections to activity centers O 2 O 2
inclusion of neighborhood commercial O 2 O 2
bus turn outs O 1 O 1
detached bike ways O 1 O 1
traditional house design: basic** R O 1 O 1
traditional house design: extra** O 2 O 2 O 2
interconnected street patterns I I I R
* where alleys exist or can be logically connected with existing patterns
** see guidelines for definitions of basic features and extra features
Crawford Multari &Starr RRM Design Group
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C-3-13 00008
i
Neo traditional option
Model ordinance, February 1996
XX.xx.050 Incentives for neo-traditional design: commercial
If a commercial project meets the criteria set forth in section XX.xx.070 bellow, the following
modifications to usual requirements and fees shall be approved by the City:
A. Reduced parking requirements. The usually required number of parking spaces shall be
reduced by between 15%and 25%. See Section XX.xx.070, below.
B. Reduced fees. The usual City development impact fees shall be reduced by between 5% and
7.5%. See Section XX.xx.070, below.
C. Setback relief. No required setbacks on cases where the building is bunt to the back of
sidewalk.
XX.xx.060 Definitions of neo-traditional features: commercial
The following defines the features associated with neo-traditional commercial design for
purposes of this ordinance:
A. Build to back of sidewalk. Buildings that are built to the back of sidewalk and are not set
back from any property line abutting a street right of way; small recessed entry ways may be
permitted. See Figure_.
B. Multi-story buildings. Buildings with more than a single story; the upper stories may be
used for additional commercial, office or residential uses.
C. Buildings with traditional design and materials. The utilization of design, building forms,
colors and materials that recall traditional patterns as described in the neo-ttaditional design
guidelines as they may be adopted by the City Council. The determination;as to whether or not
the designs meet the guidelines shall be made by the decision making body.
D.Doors and windows oriented to the street. Buildings that have public entries opening
directly onto the public sidewalk and that have windows facing the sidewalk at the pedestrian eye
level. People must be able to look through the windows and see the activities within the
building.
Crawford Multari&Starr RRM Design Group
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C-3 -14
Neo traditional option
Model ordinance, February 1996
*BUILDINGS AT BACK OF • DO NOT PLACE BUILDINGS AT
SIDEWALK ODD ANGLES OFF OF STREET
•HIGHER BUILDINGS ON RIGHT OF WAY
CORNERS WITH APARTMENTS •PARKING IN FRONT OF
ABOVE COMMERCIAL BUILDING NOT ALLOWED
.I�
THIS NOT THIS
BUILD TO BACK OF SIDEWALK
Crawford Muitari&Starr RRM Design Group
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C-3-15 000085
Neo traditional option
Model ordinance, February 1996
is
E. Parking in rear or no parking. Projects that have placed parking behind the building so that
there are no parking spaces or access ways parallel to the sidewalk locate&between the sidewalk
and the front building face; or, projects that do not provide any on site panting but utilize off site
options. See Figure_
F. Public seating/eating areas adjacent to the sidewalk. A project that incorporates an
outdoor public seating or eating area, at least 50 square feet in size, adjacent to the sidewalk or
directly accessible from the sidewalk.
r
G. Transit stop. A project that incorporates a bus stop and covered seating that can serve
existing or likely future bus routes.
H. Mixed uses. A project that provides housing as an accessory use to ground floor commercial
development, and/or residential units above first floor commercial.
XX.xx.070 Earning incentives: commercial
In order to be eligible for the incentives listed in Section XX.xx.050 above including a 15%
reduction in parking and a 5% reduction in development impact fees, a commercial project must
meet the following requirements:
A. Commercial in the downtown. All the features listed as required in Table D, as well as a
selection of optional features totaling at least one point as shown in Table D.
Note to user: We refer here generically to one or more traditional commercial centers as
"downtown" Most cities have older, historic commercial districts where traditional streetscapes
and building forms are especially encouraged Obviously, you will need to define the boundaries
of any such area where you want these incentives to apply.
B. Commercial outside the downtown. All of the features listed as required in Table D, as well
as a selection of optional features totaling at least 4 points as shown in Table D.
Crawford Multari&Starr RRM Design Group
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C-3-16
Neo traditional option
Model ordinance, February 1996
•PARKING BEHIND BUILDINGS •PARKING IN FRONT OF BUILDING
NOT ALLOWED
*PLAZA
s •
-j s
*ACCESS
THIS � NOT THIS .
PARKING LOT LOCATIONS .11
Crawford Multari &Starr RRM Des' Groin
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C-3-17
Neo traditional option
Model ordinance, February 1996
C. Further parking and fee reductions. The City shall reduce the parking requirement by 25%
instead of 15%, and shall reduce the development impact fees by 7.5% instead of 5%, if projects
earn the following total number of points:
Downtown 4 points
Other 7 points
Table D
Feature Downtown outside
Downtown
required points required points for
or for or optional
optional optional optional
build to back of sidewalk R O 1
multi-story building O 2 O 2
traditional design* R O 2
door and windows oriented to street R R
parking in rear or no parking R R`
public seating/eating areas O 2 O 2
transit stop O 1 O 1
mixed uses(housing above commercial) O 3 O 3
* see guidelines for definitions of traditional design
XX.xx.080 Approval process
A. Application requirements. Applications for the neo-traditional option shall be made on a
form prepared by the community development department and accompanied by plans and
supporting documentation illustrating how the project meets the requirements of Sections
XX.xx.040 and XX.xx.070, above.
Crawford Multari&Starr RRM Design Group
C-3 -18 000088
Neo traditional option
Model ordinance, February 1996
B. Approval authority. For projects involving new subdivisions or specific plans, the City
Council shall determine whether or not the proposal satisfies the purpose, intent and
requirements of this chapter. Concurrent processing of the request for the neo-traditional option
along with the subdivision or specific plan is permitted and encouraged.
For all other projects, the authority for approving the neo-traditional option shall be granted to
the Community Development Director. Decisions made by the Director may be appealed
pursuant to applicable provisions of Chapter XX.yy.
Note to users: Clearly, you will need to consider the most appropriate approval process for your
city. However, we do recommend that the decision be made at the "lowest"level deemed
acceptable to minimize time for processing and for decisions.
C. Public hearings not required. Public hearings are not required for approval of the neo-
traditional option specifically. However, when public hearings are required for related permits or
other City approvals, concurrent consideration of the neo-traditional optional request is permitted
and encouraged.
D. Exceptions. The City Council may grant exceptions to strict application of the requirements
of Sections XX.xx.040 and XX.xx.070 based on the findings 1)that in the particular case such
strict application is clearly infeasible or unnecessary, and 2)that the project still satisfies the
purpose and intent of this Chapter as described in Section XX.xx.010.
Crawford Multari&Starr RRM Design Group
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NEO-TRADITIONAL DESIGN GUIDELINES AND DEFINITIONS 40
Neo-traditional architecture is derived from architectural styles from the early Twenti-
eth Century. Traditional styles common to Paso Robles such as California Bungalow,
Craftsman,Cape Cod,and Spanish/Mission are encouraged. Each style consists of
design features which all contribute to the architectural character of that style.
RESIDENTIAL
The Residential section of this code has identified "basic"and"gxtra" design features.
"Basic" design features are essential in creating a neo-traditional style home. "Extra"
design features will enhance the basic design and create a more authentic architectural
character. Below is a list of the basic features with graphic examples following.
"Basic" Design Features
Front porch
Massed columns on porch supports
• Exposed rafter tails/beams and overhangs -when consistent with architectural style
No flat roofs
• Vertical orientation of windows
• Window and door trim
• Recessed arched window(s)-when consistent with architectural style.
Garage door treatment(for garages facing street only)-recessed,windows,orna-
mentation
• Consistency of materials and colors with style of architecture
I
FRONT PORCH
-1-
c-;-20 000090
Neo Traditional Design Guidelines
THIS NOTTHIS
MASSED COLUMNS ON PORCH SUPPORT
• EXPOSED ROOF BEAMS
• TRIANGULAR KNEE BRACE • EXPOSED RAFTER TAILS
EXPOSED RAFTER TAILS/BEAMS AND OVERHANGS
VERTICALLY ORIENTED WINDOW
NCJT THIS
THIS
WINDOW PROPORTIONS
000091.
C-3-21
Neo Traditional Design Guidelines
Joao
Rime
STAGGERED GARAGE DOORS RECESSED GARAGE DOOR
GARAGE DOOR TREATMENT
"Extra" Design Features
• Detailed porch supports/railings
• Dormer(s)
Chimney
Balconies
• Multi-paned doors and windows
• Bay window
• Massed window frames/recessed windows
• Shutters
• Window box(es)
Ornamentation- grill work over windows,tile accents,pop outs/relief bands,etc.
PORCH SUPPORT AND RAILINGS
C- -22 000092
Neo Traditional Design Guidelines
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SHED DORMER HIP DORMER "GABLE DORMER
DORMER EXAMPLES
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WINDOW EXAMPLES
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It
DOOR EXAMPLES
000093
C-�-23
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Neo Traditional Design Guidelines
JV-AN
Spanish/Mission style bungalows tend to have smaller roof overhangs with exposed
roof beams and rafter tails. Windows are usually recessed,vertically oriented, and
multi-paned,often incorporating arches,window boxes,and shutters. The exterior
materials consist of stucco wall surfaces with red tile roofing.
The Traditional California Bungalow is derived from the Craftsman Style of architec-
ture and characterized by the low pitched gabled roof, large overhangs,exposed roof
beams and rafter tails,vertically oriented multi-paned windows, and lap siding. Bun-
galows, more than any other style, incorporate large front porches and often locate the
garage behind the home.
000095
-6-
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•
Neo Traditional Design Guidelines
COMMERCIAL -
Neo-traditional design of commercial buildings suitable for PasoRobles may include
Early American, Western,Barn and Spanish/Mission styles. incorporating design
features true to the chosen architectural style of a building will enhance the commercial
building as well as the surrounding neighborhood. Acceptable building materials may
range from stucco,brick, tile banding, to wood.
Commercial Design Features
• Awnings
• Wainscot/bulkhead treatment
Recessed entry
• Angled corners/Walk-through arcades
• Tower elements on corner buildings at street intersections
• Roof forms consistent with architectural style
• Parapet walls with cap/cornice detail on flat roofs
• Corner details on flat roofs
• Exposed roof beams/rafter tails-when consistent with architectural style
• Awnings,balconies and porch features
Multi-paned storefront windows/doors
• Vertical orientation of windows
Window boxes
Recessed arched window(s)when consistent with architectural style
Consistency of materials and colors with style of architecture
° Ornamentation-the accents,relief bands,grill work over windows,etc.
•PARAPET CAPS.CORNICES,AND CORNER
DETARS ON BUILDINGS WITH FLAT ROOFS
•AWNINGS HELP CREATE HUMAN SCALE TO
STREETSCENE AS WELL AS PROVIDING
PROTECTION FROM RAIN AND SUN
•FACADE DETAILS/ORNAMENTATION
CONSISTENT WITH AND ENHANCING
ARCHITECTURAL STYLE
4 OF BUILDING
XppTWO
1;(E3
•WAINSCOT TREATMENT/BULKHEAD AT
BUILDING BASE BRINGS HUMAN SCALE TO
BUILDING AND SIDEWALK
-RECESSED DOORS HELP DENOTE aNTRY
-MULTI-PANED STOREFRONT WINDOWS AND
DOORS
NEO-TRADITIONAL DESIGN FEATURES - COMMERCIAL
00009'7
-7
Neo Traditional Design Guidelines
m Angled Corner
■Corner Arcade
THIS NOT THIS
Corner Treatments
To provide convenient pedestrian circulation and architectural interest,comer buildings
should incorporate features such as angled corners, walk-through arcades, and tower
elements.
Spanish Style -• -_
■ Mansard Roof
■Co.w.Pitched Gable Roof
/r—if—T r N--
■ Parapet Wail
Early American Style SPURTING
IN. "••�� 4 9� GUoos _
o
Mansard, Gable, and Parapet Roof Forms
Simple low pitched gable, mansard and shed roofs should be used to promote Spanish
and Barn style architecture. Flat roofs are common with Early American, Spanish, and
Western styles.
Parapet wall designs should be used on flat roofs to conceal roof-mounted mechanical
equipment.
000098
Neo Traditional Design Guidelines
•Early American 1!
Cap Detail
Corner Detail
,j.
■Spanish Style %�'
Corner Detail
Cap Detail
• Early American
Cap Detail
Corner Detail
Roof Details
Parapet Wall Caps and Corner Details
Parapet walls, whether simple or ornate,should always include a cap/cornice detail.
Corner details should be used to further enhance a building's identity.
■ Relief Banding
■ Tile Accents
■Tile Banding
Spanish Style-Tile & Banding
Tile accents and relief bands are simple ways to add relief and character to building
facades. These are common architectural elements used in Spanish style architecture
and are recommended.
000099
-10-C-3-29
Neo Traditional Design Guidelines
� — l
PORCH FEATURE BALCONY FEATURE
WESTERN FACADES
to
n o
PORCH FEATURE BALCONY FEATURE
PORCH AND BALCONY SECTIONS
Porch and balcony features are common elements of Western style architecture which
help create pedestrian scale along the street as well as provide protection from sun and
rain.
-1 1 - 004100
C-3-30
Neo Traditional Design Guidelines
■ Sufficient distance between arch key and element above
■Thick walls and columns _
Arch, Column, Arcade Proportions
When incorporating columns and arches into a building, the columns should be propor-
tionate to the size of the arch. Spindly and undersized columns are not appropriate.
-12-
0001,01
C-3-31
REPORT TO CITY COUNCIL Agenda tem: C-3
CITY OF ATASCADERO
Through: Andrew J. Takata Meeting Date: 03/26/96
City Manager
File N er: ZC #94007
Via: Steven L. Decamp, City Planner
From: Doug Davidson, Senior Planner
SUBJECT:
Adoption of an ordinance amending Map 23 of the Official Zoning
Maps by rezoning certain real properties at 9244-51248 San Rafael
Road from RMF/10 to RMF/10 (PD7) (O'Reilly Family rust) (Vaughan
Surveys)
RECOMMENDATION:
Approval and adoption of Ordinance No. 299 on second reading.
BACKGROUND/ANALYSIS:
On March 12, 1996, the City Council conducted a public hearing on
the above-referenced subject. The Council approved Ordinance No.
299 on first reading.
/ph
Attachment: Ordinance No. 299
00010:
ORDINANCE NO. 299
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 23 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTIES AT 9244-9248
SAN RAFAEL ROAD FROM RMF/10 TO RMF/10 (PD7)
(ZC 94007: O'REILLYfVAUGHAN)
WHEREAS, the proposed zoning map amendments are consistent
with the General Plan in effect at the time of application
acceptance, as required by Section 65860 ' of the California
Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code concerning
zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse' impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on February 20, 1996, and has recommended approval of Zone
Change 94007.
NOW, THEREFORE, the Council of the City of Atascadero
does
ordain as follows:
Section 1. Council Findings
1. The proposal is compatible with surrounding land uses and
the zoning in effect at the time of application
acceptance.
2. The proposal is consistent with the General Plan
in effect at the time of application acceptance.
3 The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
4 Modification of development standards or processing
requirements is warranted` to promote orderly and
harmonious development.
5. Modification of development standards or processing
requirements will enhance the opportunity to best utilize
special characteristics of an area and will have a
beneficial effect on the area.
000103
Ordinance No. 299
page 2
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements.
7. The proposed plans offer certain redeeming features to
compensate for requested modifications.
Section 2. Zoning Map.
Map number 23 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department is
hereby amended to reclassify the parcels listed below, and shown on
the attached Exhibit A, which are hereby made a part of this
ordinance by reference.
Ptn. Lot 9; Block 35; Atascadero Colony
Assessor's Parcel #s 045-361-027/028
Development of said property shall be in accordance with the
standards of the Planned Development Overlay Zone No. 7, the Site
Plan shown on the attached Exhibit B, and any conditions of
approval imposed during the approval of this zone change, Tentative
Tract Map 94005, and/or any other associated applications.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12: 01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved by
the following roll call vote:
AYES:
NOES:
ABSENT:
ooUi04
Ordinance No.299
Page 3
DATE ADOPTED: By:
GEORGE P. HIGHLAND, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DECAMP, City Planner
000305
`\ EXHIBIT A
CITY OF ATASCADERO O=RDINANCE 299
COMMUNITY DEVELOPMENT
DEPARTMENT
�RSF'2(PD7)
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EXHIBIT B
CITY OF ATASCADERO ORDINANCE 299
` COMMUNITY DEVELOPMENT
DEPARTMENT
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00010'7
i
REPORT TO CITY COUNCIL Agenda tem: C-4
CITY OF ATASCADERO
Through: Andrew J. Takata Meeting Date: 03/26/96
City Manager
File Number: ZC #95010
From: ✓ Steven L. Decamp, City Planner
SUBJECT:
Adoption of an ordinance amending the Official zoning Maps by.
rezoning certain real property at 6625 Navajoa Avenue from CP
(Commercial Professional) to RMF-10 (PD7) . (Kally Gearhart)
(Cannon Associates) .
RECOMMENDATION:
Approval and adoption of Ordinance No. 301 on second reading.
BACKGROUND/ANALYSIS
On March 12, 1996, the City Council conducted a public hearing on
the above-referenced subject. The Council approved Ordinance No.
301 on first reading.
/Ph
Attachment: Ordinance No. 301
t)v�lJlU�
ORDINANCE NO. 01
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE OFFICIAL ZONING MAPS BY
REZONING CERTAIN REAL PROPERTY AT 6625 NAVA)OA AVENUE
FROM CP (COMMERCIAL PROFESSIONAL) TO RMF 10 (PD#7)
(ZC 9S-010; Gearhart)
WHEREAS,the proposed zoning map amendment is consistent with the General plan as
required by Section 65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of
the California Government Code concerning zoning regulations; and
WHEREAS, the proposed amendment will not have a significant adverse impact upon
the environment. The Negative Declaration prepared for the project is adequate; and
WHEREAS,the Atascadero!Tanning Commission held a public hearing on February 20,
1996 and has recommended approval of Zone Change 95-010.
NOW,THEREFORE, the Council of the City of Atascadero does ordain as follows:
Section L Council Findings.
l The proposal is compatible with the surrounding land use and zoning.
2. The proposal is consistent with the General flan land use element and other
elements contained in the General Plan.
3. The proposal will not result in any significant adverse environmental impacts.
The Negative Declaration prepared for the project is adequate:
Section ?. Zoning Map.
The Official Zoning Maps of the City of Atascadero on file in the City Community
Development Department are hereby amended as shown on the attached Exhibits A and B
which are hereby made a part of this ordinance by reference.
000109
Ordinance #301
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once within fifteen (IS) 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 4. Effective Date.
This ordinance shall go into effect and be in full force and effect at ;I 2:01 a.m. on the
31 st day after its passage.
On motion by and seconded by
the foregoing Ordinance is approved by the following role call
vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By:
GEORGE HIGHLAND, Mayor
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DeCAMP, City Planner
000110
CITY OF ATASCADERO Exhibit B
Ordinance No. 301
COMMUNITY DEVELOPMENT _
DEPARTMENT
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