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Agenda Packet 05/28/1996
REVIEW COPY`* ATASCADERO CITY COUNCIL � r W REGULAR MEETING MAY 28, 1996 CiTY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4T" FLOOR ROTUNDA R OM 7:00 P.M. George Ray George Harold David Luna Johnson Highland Carden Bewley This agenda is prepared and posted pursuant to the requirement of Government code Section 54954.2. By listing a topic on this agenda, the City Council as expressed its intent to discuss and act on each item. In addition to any action identified ir the brief general description of each item, the action that may be taken shall include. A ref rral to staff with specific requests for information,continuance,specific direction to staff con erring 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 Room 208) and in the Information Office(Room 1031, available for public inspection during City Hai I business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, ff you need i pedal assistance to participate in a City meeting or other services offered by this City,please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are needed MY assist the City staff in assuring that reasonable arrangements can be made to provide ac7essibility to the meeting or service. 6.00 P.M. - YEAR-TO-DATE FISCAL REVIEW (4' Floor Club Rm.) 6:30 P.M. - CLOSED SESSION (4' Floor Club Rm.): 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGAT ON Initiation of litigation: One (1) potential case 2. 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.; Service Employees Intl. Union; Confidential Employees 7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Partici at on back pager CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COMMUNITY FORUM PRESENTATIONS: 1. ECONOMIC RECOVERY TASK FORCE REPORT & RECOMMENDATIONS (Staff recommendation: Receive report) A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1. CITY COUNCIL MINUTES -May 14, 1996 (City Clerk's recommendation: Approve) 2. CITY TREASURER'S REPORT - April, 1996 (City Treasurer's recommendation Review &Accept) 3. RESOLUTION NO. 37-96 - Authorizing the execution of an agreement with Jack R. Bridwell for weed abatement services (Staff recommendation: Adopt) 4. RESOLUTION NO. 39-96 Authorizing application for a multi-agency traffic safety/enforcement grant (Staff recommendation: Adopt)- B. PUBLIC HEARINGS: 1. APPEAL OF PLANNING COMMISSION DETERMINATION THAT AUTO REPAIR IS NOT AN ALLOWABLE USE 1N THE DOWNTOWN (Cont'd from 5%14/96) (Planning Commission/Staff recommendation: Deny) 2. WEED ABATEMENT PUBLIC HEARING (Staff recommendation: Near protests, and authorize Fire Chief to abate weeds) 3. GENERAL PLAN AMENDMENT 95004 (Lanini/Messer) A. Resolution No. 29-96 - Redesignating,certain,real property between Old Santa Rosa Rd., West Frontage Rd., Atascadero-Ave. and Portola Rd. from Moderate Density Single Family to High Density Single Family (GPA #95004: Lanini)` (Planning Commission recommendation: Adopt)' B. Ordinance No. 305 - Amending Official Zoning Map 19 by rezoning all that real property located between Old Santa Rosa Rd., West Frontage Rd., Atas cadero Ave. and Portola Rd. presently zoned Residential Single Family with a one acre minimum lot size (RSF-Y) to Residential Single Family with a one- half acre minimum lot size (RSF-X) (ZC#95007: Lanini) (Planning Commission recommendation: Motion to waive reading in full and introduce on first reading, by title only) 2 C. REGULAR BUSINESS: 1. RESOLUTION NO. 41-96 - Approving amendments to the 1995/96 adopted budget (Staff recommendation: Adopt) 2. RESOLUTION NO. 40.96- Adopting a City of Atascadero Missic n Statement (Staff recommendation: Adopt) D. COMMITTEE REPORTS (The following represent standing com 'ttees. 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 Adv sory 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: Schedule interviews for Board of Directors, Commu ity Services Foundation 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). O 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. O No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. O A person may speak for five (5) minutes. 0 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 furtherdiscussion. 0 The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM; O The Community Forum period is provided to receive comments`from the public on matters other than scheduled agenda items. 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. REPORT TO CITY COUNCIL Meeting ate:05/28/96 CITY OF ATASCADERO SPECIAL MEETING 6PM Through: Andy Takata, City Manager From: Brad Whitty, Finance Director" SUBJECT: 1995-96 Budget Review and Recommended Adjustments. RECOMMENDATION: Staff recommends City Council adopt Resolution 41-96 amending the 1995-96 Budget. BACKGROUND: Please find attached the proposed budget changes and related material The Report has been changed to make the process easier to review without sacrificing detail regarding the proposed changes. Some general points need to be made concerning the report. The non-highlighted columns shown in Exhibit A are from page 27(b) of the adopted budget. The pro sed changes are shown in the highlighted columns with notes explaining any significant es shown in the Summary of Significant Operating Adjustments report. The proposed adjustments were derived through a three step process, 1) Finance Director met with each Department Head and/or Department Supervisor, 2) Finance Director met with City Manager to review proposed Department adjustments, 3) City Manager, Finance Director and Department Heads met to finalize and agree on adjustments. DISCUSSION: The following discussion will serve to highlight various aspects of the funds which are discussed in more detail in the Summary of Significant Operating AdJustrr ents. General Fund: Revenues have increased by 2.5% over what was originally anticipated due to increased sales tax, FEMAIOES reimbursements, fees & permit charges. Expenditures have increased by 2.2% due mostly to the una icipated costs of the Stadium Park Acquisition. The General Fund's projected ending lance of $214,330 is the net fund balance. The projected ending balance of the Undesignated-Unreserved portion of fund balance is anticipated to be($501,234). Wastewater Operations&Sewer Facilities Funds: The only significant change was the borrowing of funds from Wastewater Operations to purchase Stadium Park and to recognize a loan between the General Fund and Wastewater. Lake Pavilion: Revenues have decreased due to lower than ar ticipated rentals. Expenditures have increased due to the City picking up the cost fora art-time custodial i person that was previously paid for by the AARP. The AARP has been unable to find a replacement for the position. Recreation: Recreation's deficit fund balance is expected to hold steady or decrease slightly against last year's ending balance. Zoo: The Zoo's deficit fund balance is expected to hold steady this year and not increase in the amounts as in previous year's. Capital Proiects: Requested expenditures have been decreased by $26,700 for the year as shown on the Fund 500 Spreadsheet provided by North Coast Engineering. Refer to the Summary of Significant Changes report for specifics on which projects have been increased/(decreased). CONCLUSIONS With few exceptions among the funds, the City's budget for the 1995-96 fiscal year is right where it was anticipated to be. The adjustments presented here basically place the City's finances in a holding pattern and does not address the.real need to raise badly needed revenues. Without a serious revenue enhancement that can be brought on board in the next budget year, the City must face the prospect of additional cuts in personnel to balance the budget and begin rebuilding a reserve. Enclosures: Summary of Revenues,Appropriations and Changes in Fund Balance General Fund Budget Adjustments-by Department Summary of Significant Operating Adjustments Fund 500 Capital Projects Spreadsheet Resolution 41-96 RESOLUTION NO. 41-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AMENDING RESOLUTION 84-95 THE ADOPTED 1995-96 FISCAL YEAR BUDGET NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero that the Fiscal Year 1995-96 Budget is amended as follows: SECTION 1. Fund Balances, revenue and Expense amounts are adjusted by the amounts shown in Exhibit A, made a part of this resolution. SECTION 2. These changes are effective immediately upon adoption of this resolution. On motion by Councilperson and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on-the following roll-call vote: AYES: NOES: ABSENT: • ADOPTED: CITY OF ATASCADER4 By: - GEORGE P. 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Ea. aQai City of Atascadero Revenues, Appropriations, and Changes in Fund Balance Fiscal Year 1995-96 NOTES 4 General Fund • Reconciliation of the audited financial statements fund balance to the City's balance is I as follows: Audited Statement Fund Balance $47,964 Fund Adjustments: Fund 010 -Donations (248) Fund 030 -Payroll Trust (45) r Fund 035 - TRAN Rpymnt. 71,457 Fund 204 -Aquatics 8,108 Fund 205 -Recreation 84,288 Fund 307 -Emergency Srvc. (4,506) Fund 310 -Police Trng. 3,474 Fund 311 -Weed Abatement (9,982) Other Adjustments: • Library Reserve (35,002) City's General Fund Balance $165,510 This fund balance is the net fund balance and does not represent the Unreserved Undesignated Fund Balance which was ($790,360) on the audited financial statements. c i • 1 City of Atascadero 1995-96 General Fund Budget Adjustments ORIGINAL PROPOSED AMENDED REVENUES BUDGET ADJUSTMENTS BUDGET Property Taxes 2,263,000 (21,100) 2,241,900 Sales Tax 1,920,000 55,000 1,975,000 Other Taxes 160,300 (8,900) 151,400 License & Permits 340,950 11,750 352,700 Fines &Forfeits 37,200 0 37,200 Intergovernmental 1,072,200 62,000 1,134,200 Fees& Charges 609,450 20,700 630,150 Use of Money 27,200 3,000 30,200 Other Revenues 12,650 29,000 41,650 Transfers In 253,500 21,000 274,500 Total Revenue $6,696,450 172,450 $6,868,900 ORIGINAL PROPOSED AMENDED EXPENDITURES BUDGET ADJUSTMENTS BUDGET City Council 25,596 0 25,596 City Clerk 54,534 3,347 57,881 • City Treasurer 3,980 300 4,280 City Attorney 59,450 450 59,900 Special Legal 23,075 20,000 43,075 City Manager 169,450 2,472 171,922 Personnel Admin. 49,702 491 50,193 Recruitments 5,170 23 5,193 Police 2,410,155 12,477 2,422,632 Fire 1,286,773 0 1,286,773 PW/Engineering 182,480 10,161 192,641 Recycling 2,250 0 2,250 Comm. Dev./Admin. 135,986 -35,851 100,135 Comm. Dev./Planning 189,356 0 189,356 Comm. Dev./Bldg. Insp. 170,623 23 170,646 Code Enforcement 36,700 0 36,700 Comm. Serv./Admin. 59,782 392 60,174 Parks 289,424 -1,600 287,824 Bldg. Maint 174,074 150 174,224 Streets Maint. 58,337 166 58,503 Finance 252,662 3,800 256,462 Risk Management 292,088 0 292,088 Equipment replacement 58,000 0 58,000 Non-Department 319,227 -5,345 313,882 • Transfers 276,800 135,450 412,250 Contingency 87,500 0 87,500 Total Expenditures $6,673;174 146,906 $6,820,080 City of Atascadero 1995-96 Budget Adjustments Summary of Significant Operating Adjustments i i OVERVIEW The purpose of this document is to summarize and compile the supporting materials that were used in making significant adjustments for the 1995-96 Budget. Significant adjustments are defined as follows: • Major service curtailments or expansions • Any increases or decreases in regular positions • significant one-time costs • Major changes in the method of delivering services • Changes in operation that will significantly effect-other departments or customer services • Changes that affect current policies. • Line item adjustments greater than 5% unless otherwise noted. i The items above will be highlighted within each funds as applicable. j • ' a i I i i GENERAL FUND: • General Government: • City Clerk. Additional $2,000 was requested but not included in original budget. An additional $750 is needed to cover increased advertising costs. An additional $460 is needed for office equipment maintenance. • Special Legal Additional $20,000 requested to cover continuing Orange County Litigation Costs. • City Manager: Additional $1,700 requested to cover travel costs for Orange County Investment Pool meetings. Police Services: • Communications increase is $4,010, Vehicle Repairs$3,600, CLETS services $2,700, and Booking Fees $2,000 Community Development: • Administration: Approximately$36,000 decrease due to not filling the Community Development Director position. • Public Works/Engineering $15,506 increase for engineering services Community Services: • • Parks. Utility cost$1,600 requested to be shifted to the Pavilion Fund 203 because lake aeration pumps are connected to the Pavilion. Finance: • $3,800 increase requested to cover postage and copying costs predominantly associated with the Economic Recovery Task Force. Non-Departmental: • $9,045 decrease is transferred to the other departments to cover the new allocation of monthly communications charges. • $3,700 increase is additional amount due to Chamber of Commerce per formula in the contract. Interfund Transfers: • $66,700 additional transfer to cover interest payments due from General Fund to the Wastewater Fund for Stadium Park and deficit borrowing. • I I I .+ SPECIAL REVENUE FUNDS • Fund 102 - 94 CDBG Grant: Additional$197,500 revenue and $191,900 expenditure to recognize the balance of funds available as approved by City Council.in April 1994. • Fund 103 - 95 CDBG Grant: Recognition of the$248,600 funds approved by City Council in April 1995. • Fund 203 -Lake Pavilion: Pavilion rental revenues are not expected to come in as originally projected and expenditures are higher than originally projected. • Fund 307 -Emergency Services: Revenue and expenditures are adjusted to reflect half of police lieutenant's costs. • Fund 406 - Camino Real Redemption: $60,085 additional expenditure due to bond i call performed in September 1995. Funding done through Construction Fund 806. • Fund 407 - 92 Street A.D. Redemption: $32,844 additional expenditure due to bond call performed in September 1995. Funding done through Construction Funds 807 & 808. • Fund 409 - Santa Rosa A.D.#7: This fund is to be closed out to Fund 809 as they are a duplication. • Fund 550 -Police Impact Fees: Additional$38,650 expenditure to recognize the fund's 30% share in the COP debt in Fund 452. This additional amount is funded by a: loan from the General Fund. • • Fund 600 -Parks Impact Fees: Additional$9,767 expenditure to recognize the fund's 20% share in the COP debt in Fund 452. • Fund 732 - TDA/Non-Transit: $30,400 bikelane implementation has been pulled from the 1995-96 budget in the CIP. • Fund 809 - Santa Rosa A_D.#7: This fund was created by the auditors to account for the Santa Rosa Sewer A_D.#7 and supercedes Fund 409. { i i ENTERPRISE FUNDS • Fund 200 -Dial-A-Ride: $36,000 revenue reduction and$45,000 expenditure reduction due to State Transit Grant not being available for fiscal year as previously predicted. i 1 1 5 1 i 4 1 9 1I i i CAPITAL PROJECTS FUNDS • Fund 500 - Capital Projects: Funding sources are expected to increase by $30,442 while funding uses are expected to increase by $23,422. The composition of those amounts are as follows: Funding Sources: Budgeted Beginning Balance:$ 1,514,958 STP/SHA Hospital Signal 80,000 STP/SHA Storm Damage 80,000 STP/SHA Pavement Eval. 17,510 X-fer from General Fund(FEMA) 62,000 X-fer from Fund 700 (223,657) X-fer from Fund 701 ( 82,338) X-fer from Fund 705 89,417 X-fer from Fund 732 (30,400) Adjusted Budget Total: $ 1,514,990 i Funding Uses: Budgeted Beginning Balance: $ 1,478,458 FEMA Storm Repairs . 62,000 STP/SHA Hospital Signal 80,000 STP/SHA Storm Damage 80,000 STP/SHA Pavement Eval. 17,510 • A/T Storm Drainage (277,000) Paloma Creek Trees { 2,500) Minor Road Repair/St. Ovly. 13,291 Adjusted Budget Total $ 1,451,759 • Fund 790 -Sewer Facilities Capital Projects: Increased revenues due to interest j earnings. i • 3 EXPENSE CATEGORY: • Communications: Additional communications costs are being recognized against each department that was originally charged to Non-Departmental. This charge is for the monthly charge of having an activated phone jack which runs approximately$20 per month. The budget increases in a given department are offset by decreases in Non- Departmental. �. City Clerk $ 137 City Treasurer 300 City Attorney 450 City Manager 772 Personnel/Recruitments 514 Police 4,010 PW/Engineering 506 Comm. Dev./Admin. 229 Comm Dev./Bldg. Insp. 23 Comm. Services/Admin. 392 Building Maint. 150 Streets Maint. 166 Non-Departmental (9,045) Total ($1,396) • Transfers Out: The following is the additional requested transfers from the General Fund to other funds. Interest payment to Wastewater $ 58,000 FEMA projects transfer to Fund 500 62,000 Emergency Services Fund 307 6,750 A.D.97 payments on Property 8.700 Total $135,450 • � III SII un i i II � I II I III III : IIIIIIII � I I �� � I IMII I II IIII II �I IIII�SI IIII -lII 1 Vat SECTION III: GENERAL AND SPEaAL TAXES Udlity User's Tax Percent ' Percent Total Revenue of Total Increase/ Excluding Fiscal Year Revenues Revenue Decrease Debt proceeds 1982-83 342.743,953 3.29% -- 10,432,940,021 1983-84 464,612.012 3.91% " 35.56% 11,884,619,086 1984-85 557,600,193 4.14% 20-01% 13,467,252;186 1985-86 580,732,943 3.97% 4.15% 14,645,447,294 1986-87 605,745,022 3.97% 4.31,6 15,241,649,276 1987-88 687,424,434 4.1-6% 13.48% 16,538,418,933 1988-89 752,610,133 4.09% 9.48,(, 18,402,174,414 1989-90 792,869,336 3.95% 5.35% 20,054,406,013 1990-91 857,676,691 4.05% 8.17% 21,186,045,430 1991-92 933,782,399 4.19% 8.87% 22,310,883,496 1992-93 996,227,389 . 4.30% 6.69% 23,154,808,446 Yield and Growth Millions 1200-1 9200 1000-1 800 =, f . I c00 _. � ,S a00 200 j- hi 4 0- '83 st '86 '80 '87 X88 '8e vo V1 'P2 .93 qy Fiscal Year End 34 0000,16 City of Atascadero Effect of Utility Tax on a Resident Assumptions: Utility Tax Percentage 5.00% Electricity Usage Usage Energy Utility Total Month Amount Tax Tax Bill January 52.24 0.08 2.61 54.93 February 54.55 0.09 2.73 57.37 March 50.59 0.08 2.53 53.20 April 45.53 0.07 2.28 47.88 May 41.83 0.07 2.09 43.99 June 45.74 0.07 2.29 48.10 July 46.7 0.07 2.34 49.11 August 33.51 0.05 1.68 35.24 September 39.97 0.06 2.00 42.03 October 37.22 0.06 1.86 39.14 November 37.19 0.06 1.86 39.11 December 45.67 0.07 2.28 48.02 TOTAL 530.74 0.83 26.54 558.11 Gas Usage Low Baseline Customer State Reg Income Utility Total Month Amount Charge Fee Surcharge Tax Bill January 35.67 3.53 0.05 0.28 1.78 41.31 February 42.57 4.26 0.06 0.42 2.13 49.44 March 30.91 3.99 0.04 0.31 1.55 36.80 April 26.98 3.86 0.04 0.27 1.35 32.50 May 31 3.86 0.04 0.29 1.55 36.74 June 27 4.26 0.03 0.23 1.35 32.87 July 15.82 3.99 0.02 0.14 0.79 20.76 August 12.22 3.86 0.02 0.24 0.61 16.95 September 14.1 4.26 0.02 0.28 0.71 19.37 October 11.58 3.86 0.02 0.11 0.58 16.15 November 15.45 3.73 0.02 0.34 0.77 20.31 December 17.36 4.39 0.03 0.41 0.87 23.06 TOTAL 280.66 47.85 0.39 3.32 14.03 346.25 Total Utility Tax Payment for Year $40.57 00004' City of Atascadero Annual Utility Tax Revenues Electrical Utility Tax $11,773,341 X 5.00% _ $588,667 January $50,869 February 47,123 March 43,490 April 41,671 May 41,106 June 48,082 July 53,280 August 57,490 September 56,818 October 55,557 November 48,659 December 44,522 Total $588,667 Gas Utility Tax $3,691,437 X 5.00% _ $184,572 Total $773,239 000048 City of Atascadero Presented to: Economic Recovery Task Force Topic: Revenue Enhancement Proposals Discussion: Fire Suppression Assessments Background: Authority: Section 50078 et seq. of the Government Code. Administering Agency: City. Use of Revenue: Restricted to fund public services or improvements for which the assessment is levied. Implementation procedure: City Council must establish by ordinance or resolution along with a written report on the assessment. The affected property owners must be notice of a public hearing 45 days prior to said meeting. Protests must be in writing and if the protest is made by the holders of property interests proposed to be assessed and who will be obligated to pay the proposed assessment represent more than 10%but less than 50% of the total amount of expected revenue from the assessment, and protests are not withdrawn to reduce protests below 10%,the proposed assessment shall be submitted to approval by a majority of the voters of the City, or abandoned. If the value of the protests equals or exceeds 50%then the proposed assessment shall be abandoned. The deadline for getting the measure on the November ballot is Friday, August 9, 1996. Council would need to take action on this item no later than the first council meeting in June in order to make the August 9h deadline. Since the 1991-92 fiscal year,the City's finances have been heavily impacted by the recession occurring throughout California. As the City's reserves have dwindles, staff has made cuts in the budget to slow the outflow of cash. While this has helped, it has not reversed the flow. Therefore,the City needs to look for other revenue enhancement methods. One method is provided by the Fire Suppression Assessment District Act. This act allows for the establishment of assessment districts to fund fire suppression activities. Attached as Exhibit A is a Question and Answer format that provides a summary of how the district works. Basically, the district would alleviate the demand for cash from the General Fund thus allowingthe fund to begin building a reserve as well as finance other � badly needed projects. 0000,19 Discussion: Tulare County adopted a fire suppression district assessment rate that provides an example of what might be approved by the City of Atascadero. Although the dollar assessments will differ because of the amount of money to be raised and the number of acres to be assessed. The basic model could be used. First, the total amount needed is divided by the total acreage in the City proper which is X. Commercial acreage are assessed at a rate of 2X plus a per square foot assessment. The commercial maximum is 4X. Industrial also has a base rate of 2X plus a per square foot assessment equal to 120% of the commercial rate. The industrial maximum is 30X. Vacant land is charged the rate of.8X. (Vacant land is defined here as a parcel that is not in use). Residential acreage is assessed by taking the total dollars needed less the amount raised by commercial and industrial assessments, divided by the number of acres in residential use. Note: All calculations would be adjusted to square feet if the size of the parcel does not fit within the acreage method. A rough estimate of the rates for Atascadero are as follows: Assumptions: Total assessment= $1,000,000 Residential acreage= 12,000 acres Commercial acreage=337 acres Industrial acreage= 107 acres All commercial and industrial properties pay the maximum with all commercial being labeled as retail. With these assumptions, using the total City acreage of 16,000 acres, the base commercial and industrial calculation would be$63.00 per acre. The maximum commercial assessment would be $252.00 per year per acre or square foot thereof. The maximum for industrial parcels would be$1,890 per acre or square foot thereof. Taking the $1 million less the revenue generated by commercial and industrial, the residential per acre charge would be $60. 000050 Exhibit A USING 3ENEri j SSESSMENTS 7-0 PAY FaR FIRE SUPPRESSION SERVICES Aly A.SSFSS tE`ti7' BE 'vL-kDE TO PFIR AY FOR MESUPPRESSION SEIRVICES 7 Yes, Section 50078 of the California Government Code allows any public agency which provides fire suppression services, either direcdy or by contract. m levy a fire suppression assessment. WHO C.kN FOKNI ONE Under the law, any local agency which provides fire suppression services can levy an assessment_ T'tnis includes cities, counties, special disnicts and county service areas. ine agency does not have to acmaily have its own fire department to be eligible m levy an assessment; For example, a city that contracts with the county to provide fire suppression services can levy an assessment. W AX TYPE OF SERVICES CALS BE FUNDED " The law allows funds raised through the levy of assessments to be used for-. • purchasing mire suppression equipment, such as fire engines and odie: apparatus; • paving the salaries and 'benefit costs for nre fighting personnel; and • Dan; the costs for opemang, maintaining and equipping fire suppression Davin; equipment_ As currently wrirten, the law generally does not allow funds m be used for the cons-ruction or Lire sadons, or the fundina of paramedic services. W=Z LL :kN ASSESJMlir�A Fire suppression assessments are generally adopted to provide a sable, Ion,-term source of fundins for fire suppression services. Once the assessment:has been levied, property owners are assessed on an annual basis for fire suppression services_ The assessments may be collected in the same manner as county taxes are coilecmd, or collecmd in the same manner as other fees, charges or taxes are collecad by the agency. The funds collected may only be used for the purposes identified when the assessment was levied. WHAT IS REQUIRED TO ADOPT API A.SSrSS�:`lT'' :fie specinc requirements to levy an assessment are contained in Section 50078 of the California Government, Code. A copy of the code secdon is inciuded in the appendix- 0000:31 Exhibib A USING 3EN&-TrASSZSSWEN7'S rQ PA Y PGR i 7RE SUPPRESS10N Sf;?V/CES rhe first step to levy an assessment is for the legislative body to order hat a written report be prepared. This report is requirad to: • identify the boundaries of the proposed assessment; • document the basis for and proposed schedule of assessments; • identity the duration of he assessments; • stars the amount of the assessment for each parcel of property for the initial fiscal year, and establish the duration of the-assessment. Once prepared, the report is reed with he clerk of the agency. Upon ret,-ipt of the report, a dal~ is set for conducting a public hearing m consider he se proposed assessment. Oncz me time, plate and dace is t, the clerk.is --cuird to post a notice of the hearing and mouse 3 notice to be mailed to each property owner whose property would be subject to he assessment_ Beginning January ?, 1993, these waces Must be mailed at Least forey-rive f-�' days prior m he dare set for the public hearing. in addition. he agency must conduct a public meeting to bear tesasnony a 000sea assessment prior to the public hearing. At the pubiic hearing, hose persons who wish .o speax iiher for or against he for;naaon of the assessment may speak. Property owners in opposition to the proposed assessment may aiso rile a written protest with he tegisladve body prior to he public hearing. At any time prior to the close of the public hearing,the legislative body may --vise, chang=, duce or modify the proposed assessments_ At he conclusion df the public hearing, if the level of proms-, o io°rd�a the assessment- percent, than ntn- percent, the lemslaave body may adopt an ordinance or r�oiu If property owners representing more titan ten percent of the total amount or Lzvenue expected to be collected protest the proposed assessment, men the proposed went must be submitted to the voters for approval or abandoned based on he acnial punt of protest rec-.ived. the assessment is being levied by a city, county or soeciai district, and property owners if representing more had ten percent protest but less than one half of he local amount of die expected revenue protest the proposed assessment. then thev . ent can be ssbmiued for approval to the voters by ►esoiution of the leQisiaave body. A simple majority approval of the voters is required. 000052 Exhi'oit A USING BENEFrr ASSESSMENTS ro PA y FOR -FRE SUPPRESSION SERVICc'S r SES J c��' T:�E TO Lr.'VY �. HOW LONG DOES IT ,,:iic time : uire:nencs for rnment ..ode contain -pe^' _ T'ne procedures as outlined in the Cove. the dime when he notices are mailed w each prooe:ty owner and when held so nee titan =� the am Cann 9�� the Puafic �eann� - a 1 1 tion can be held. Bencun, January Additional time :s {uu� for the pre�ara days after the dace the nates are mailed• _ e rt by the legs f Ve body of the of the written report, and ;-view and approval of di with the Councy Qencv. To ensure that the assessment be levied in time � �,s tax roll), most Assessor's oru� in early Au;ust (for inclusion on rile folio g . agencies allow a minimum of 1-5 months t0 compiete dle process- so W TSE i�OUiN of TSE SSFS 1 T D .'tiIIr+�.n de requires that: *�{le amount of the �ezc to be levied on any prOOe-"Y be based i"ne ..o + cation of the stracu= or other uvon the type of use or the property, and the ..sic classification encs. structure size improvements on the PrOoezty. Risk can be based on are flow M potential tiro and onse aures as well as other mors reared and type °f consnucaon, resp cis• 'rne spe=nt metilcxioio; panic hazards and the casts of orovidin; Lire suppression s-zvi _ be used in de he assessment or c:iar;e to be dlese ta=rs levied and the b ents `° ,..Q a careful analysts of de•:eloped by the assessment e-M-Pnee:utvr �� received by rata garc - -Z I"tG T`BM SFS i ' T ,DKnqsOnce the assessment has been levied, a capv of tie assessmeucro "' ` be with the county auditor jL ii time ass:ss'nents are to be callec=d on the tax . each year the legislative body trust Since the assessments are levied on an annual basis, Q near. if is far time c0�a, cz or resolution which esablis:�es the a� towable inc:e3se utrt an ordinan maxim adopt v the the assessments are increased dte amount cannot ,,ne d ent was levied' as stated in the report which was Preparedat the time the assessor - . Q aten the - ent i V e a e� , r ,h f colle.^�d by the county on behalf o � :�ugust ents are - done in eaAY the assessor ust be f m I tus r must be submitted t0 the county auditor wcft year. -n is roll m f r Year appear on the tax bills ,or hat Y so that the ass essm enc will , OOOOb3 USING 3SVS=j'ASW WENT, 770 ,2A Y RFSS:ON Sce?V10ES 2E TBE2EOTffEq TYPES OF A.SSESSyfDTS TMST Ck`� BE UbMD TO FUND FIRE SLPPRESSION SZRtiZC..S .` There are cwo ocher medtods nor 3CIIC:3IInQ revenue which art be cls. to &tnd are sucocesslon services- Secdon S'jr1S of the Cadarna. Go�er:ur.—M Code`i,allows any Iocai agency which provides art protection .rvic�s m adouc 3 ;�•ai ax m :ale far protection services upon approval of m*-cturds of cite " The oche: medlod is m establish a ytello-Roos Communicy Facuuies Disaict which can provide loading for ooch capital ___=ndiaL= as wet as ror providing are �por„ssion ;Qvic:s_ WF H � DO I NMD TO KNOW ' Once a derision 4as mace co levy 3 are suppze=ion asses=enL cnost,.e�Q*.sia�►e bodies The ?ro-err cemn inciudes an ass „neac assemble a projer: co work `xitlt heir sari. I dnemerr and bond cou^.sei. each of wham have 'had in d,,_- ere;:urrarion had !evv - tx;:enenct. to praier: In �.asl oL assCS =encs or Odler ageneses_ 38S�'n 1IIIOQ illC.r Wa � ie:R C.ZSr.Il� �vaivam the easioi m !evy an asses_-,ICnr- e yes?siaave body yiost e3c1 seep of fie ?rocess, and assist in =nductittg public inior.ziaavn 'uleCdII;.• ;ITtDOt"�aLILy however. u'le;! `xlll -."Sure all of ileuireZnCncs ;a evv an aS�.S�.""iIC^,t 3rr roilowed. 000W)II SEcnON V1: REVENUE RAISED LOCALLY Procedures by which a city council may impose a benefit assessment vary depending on which law is utilized. Most of the benefit assessment acts include a protest provision whereby a city council is barred from imposing a benefit assessment if a majority of the property owners to be assessed file a written protest. Some of the benefit assessment acts also require a vote of the people or require a vote if a certain level of protests is received. SB 1977 (Bergeson) of 1992 (Gov't Code, § 54945.6 as amended) requires local officials to mail notice of new and increased benefit assess- ments and to hold public hearings prior to imposing benefit assessments. Each of the various benefit assessment acts contains different protest procedures,protest overrides and election triggers. State law regarding benefit assessments has been frequently modified in recent years and new benefit assessment acts are being considered every year. If a city is consid- ering the use of benefit assessments, it should thoroughly review the benefit assessment act and consult with the city attorney on notice and public hearing procedures. Benefit Assessments* Percent Percent Total Revenue of Total Increase/ Excluding Fiscal Year Revenues Revenue (Decrease) Debt Proceeds 1982-83 54,416,049 0.52% -- 10,432,940,021 1983-84 64,368,146 0.54% 18.29% 11,884,619,086 1984-85 76,751,973 0.57% 19.24,6 13,467,25Z 186 1985-86 75,640,964 0.52% —1.45% 14,645,447,294 1986-87 85,197,083 0.56% 12.63% 15,241,649,276 1987-88 98,404,883 0.60% 15.50% 16,538,418,933 1988-89 79,024,889 0.43% —19.69% 18,402,174,414 1989-90 151,774,033 0.76% 92.06% 20,054,406,013 1990-91 198,500,962 0.94% 30.79% 21,186,045,430 1991-92 279,266,946 1.25% 40.69% 22,310,883,496 1992-93 304,064,960 1.31% 8.88% 23,154,808,446 \°tg3-"M 33to5a`�1 11.a0a 1a514141b11iall$ *Includes Benefrt Assessments for Police and Fre Please see graph on next page. 72 tivJU�S SECnON VI: REVENUE RAISED LocALLY Yield and Growth 360 300-1 260 200 1 I i i 4 � 160 f f 100-, I i W ' g. t" 0 B3 8a s6 se 87 'es W 'ao 'vr 'M 'vs y9 4 Fiscal`near End CALIFORNIA ASSESSMENT ACTS The Paul acid Playground Act of 1909(Gov't Code§3800 er sea.) The 1909 Act lets cities pay fnr public paxk urban open-spat-land, playground, and library facilities. Cities which use the 1909 Act can condemn land for improvements. The Improvement Ace of 1911 (Sts.&High.Code§5000 et seq.) the 191 k Act leis cities and counties fund the construction of aans- porration gsaems. sweet paving, paries, sewers. drainage systems, fire proal=on,Hood control,water sysoerns,and"other necessary improve- mens." Officials must complete the imprdvements before residents an be assessed for their costs. Agencies which use the 1911 Act can issue bonds under the Impsovement Bond Act of 1915. The Ubnicipat improvement Act of 1913 (Sts. & BUgh. Code § 10000 et seq.) The 1913 Aa lea docs,counties,and spedal disr`icrs fund e=ythrng included in the 1911 Act plus power and public transit fuilidcs. L11- like the 1911 Act,assessments c=be levied befios construction begins. Like the 1911 Act,the 1913 Act allows an agency to use bonds from the 1915 Act- 11=Improvement Bond Act of 1915 (Sts.&High.Code§8500 et seq.) The 1915 Act docs not aurhoris assessments. Instead, it lees cities, counties, and "oublie districm which use other assessment acts issue assessment bonds and bond anticipation noses. 73 FETING AGENDA ATE-28 96 ITEM IF CIMEN'S TASK FORCE FOR ECONOMIC RECOVERY OUTLINE I. COVER LETTER II. RECOMNI,ENDATIONS III. RATINGS IV. SUBCOMMITTEE REPORTS V. OTBER REPRESENTED ORGANIZATIONS 000001 May 28, 1996 Honorable Mayor and City Councilmen: On March 14, 1995 the City Council authorized the formation of a Citizen's Task Force for Economic Recovery. The purpose of the ad hoc group was to review the City's budget and current revenues, explore revenue enhancement and analyze City service levels. The committee consisted of the following 15 people: Kathy Peirson, chairperson, representing the Quota Club Micki Korba, Michael Hicks and Ralph Dowell representing City Hall Joan O'Keefe, Atascadero Homeowners Association; Jon Lovgren, Kiwanis Joni Roberts, Board of Realtors; Dwight Huffman, Business Improvement Association; Bob Johnson, Planning Commission; Jim Patterson, Councilman George Luna; Jay De Cou, Chamber of Commerce; Lindsay Hampton, Atascadero Land Preservation Society; Doug Byles, Atascadero Historical Society Joanne Peters, Parks and Recreation Commission and Shirley Moore, Zoological Society. To achieve the above stated purpose the Task Force was asked to (1.) review the City's demographics and economic trends; (2.) review the City's funds, revenues and expenditures over the past five years; (3.) review the City's departments and assess their current level of'service. After reviewing that information we were asked to (1.) plan and design the City's revenue enhancement options and expenditures for service levels; (2.) make recommendations for implementing revenue enhancement and (3.) develop an ongoing feedback and measurement to track these,goals. In spite of all the information we received it was our intent to keep the report succinct, realizing that long documents often are not read. The report consists of (1.) an outline of Short Term Recommendations and Long Term Recommendations and (2.) a Rating of City Departments by Service Level and Adequacy of Funding. These recommendations and ratings were adopted by committee vote. They are followed by (3.) reports covering each city department. These reports were prepared by individual subcommittees. The UUUUUti last section consists of (4.) reports from the represented organizations that chose to cbmment in writing. The Short Term and Long Term Recommendations and Ratings of City Departments are in part based on information in the subcommittee department reports. The ERTF believes it is important to do even more belt tightening than has been done so that new debt is not added to the General Fund. We are aware that the present Council did not create the current financial crisis but they must now take the responsibility to bring the City back to a sound financial footing. Until this objective is met we are recommending that all new projects be put on the back burner. Thank you for your patience. We would also like to extend our appreciation to staff and the Department Heads, especially to Brad Whitty, the Finance Director, who spent a lot of time answering our questions. We would like you to consider holding a public meeting between the Task Force and the City Council sometime in the near future for discussion of the Task Force's recommendations. Sincerely, I;—:,le,� KathyPeirson, chairperson 000003 ECONOMIC RECOVERY TASK FORCE (ERTF) 40 RECOMMENDATION TO CITY COUNCIL I. SHORT TERM RECOMMENDATIONS: These are actions with an immediate effect. These recommendations are to remain in effect until the budget incorporates the pay-back to the Wastewater Fund, budgets realistic amounts for the Zoo and incorporates a minimum General Fund Reserve as recommended by the auditors. A. SHORT TERM STEPS TO KEEP FROM ADDING NEW DEBT TO THE GENERAL FUND 1. No new projects. 2. Create no new or additional positions. 3. No wage or salary increases. 4. Each department will not exceed its annual budget. B. SHORT TERM COST CUTTING TO COVER EXISTING DEBT, ANNUAL EXPENSES & MINIMUM GENERAL FUND RESERVE 1. City Manager to be held accountable for control of the budget. 2. Reduction of department head salaries. 3. Reduction of certain employee benefits such as health pay- back for employees without dependents. 4. Department budget reductions based on ERTF rating of individual departments. (See ratings on page 4.) 5. Consider voluntary employee furloughs. C. SHORT TERM REVENUE ENHANCEMENTS 1. Enforce a requirement that all those doing business in the City of Atascadero, including all contractors, subcontractors and suppliers, have an Atascadero business license. 1 00000 II. LONG TERM RECOMMENDATIONS: These are actions that may take some time before the effects will be realized. A. LONG TERM COST REDUCTIONS 1. Consider contracting for dispatch services. 2. Adopt enroachment and sidewalk ordinances. 3. Consider monthly payroll or consider contracting out payroll. 4. Centralize purchasing. 5. Enact PG&E recommendations to reduce utility costs at the Pavilion and other City buildings. B. LONG TERM REVENUE ENHANCEMENTS 1. Increase any fees that aren't recovering all costs to the City. This includes the cost of deferred maintenance and administration. 2. Enforce code, permit and license requirements. 3. Charge a hazardous materials franchise fee on pipelines. 4. Before the ERTF could consider a tax increase or city-wide assessment it is deemed necessary that all the short term recommendations be implemented . 2 000006 C. LONG TERM INCREASE IN SERVICE LEVELS These are to be enacted after the short term recommendations have been implemented. 1. Overlay roads according to the priority established by the City Engineer. 2. Increase road maintenance staff to previous level. 3. Repair buildings owned by the City . 4. Replace worn out equipment. 5. Hire a Community Development Director and a Public Works Director. D. OTHER 1. A record of the City's financial status should be current and available at all times and should include cash flow projections. The report should also reflect the annual amount budgeted for each department, expected revenues for each department and balances remaining as the fiscal year progresses. 2. Utilize computer for self-service in the Planning Department. 3. Streamline permitting process without reducing standards. 4. Implement a Fixed Asset program and update it annually. 5. Improve collections. Turn delinquent accounts over to collection agency. 6. Implement an incentive program for employee's suggestions that save money. 7. Implement a reward system for departments that come in under budget at the end of the fiscal year. 8. Allow departments to carry over unexpended funds to the next fiscal year. NOTE: The preceding recommendations are not listed in order of priority. J 000007 ECONOMIC RECOVERY TASK FORCE (ERTF) RATINGS OF DEPARTMENTS BY SERVICE LEVEL AND ADEQUACY OF FUNDING DEPARTMENT SERVICE LEVELS ADEQUACY OF FUNDING FROM GENERAL FUND Police Adequate More than adequate Fire More than adequate Adequate Finance Less than adequate Less than adequate Community Services Administration Less than adequate Less than adequate Recreation More than adequate More than adequate Parks/Buildings Less than adequate Less than adequate Zoo Less than adequate Less than adequate Street Division Less than adequate Less than adequate Pavilion Less than adequate More than adequate Community Development Less than adequate Less than adequate Administration More than adequate Adequate Wastewater Adequate Not applicable (Enterprise fund) * Refer to individual sub-committee reports for each department to gain a better understanding of the ratings. 4 000009 CITIZENS TASK FORCE FOR ECONOMIC RECOVERY POLICE DEPARTMENT Joan O'Keefe and Dwight Huffman If we consider that the primary goal of the Police Chief is to provide the services demanded by the incorporators of the city, we must conclude that the department is achieving its goals effectively. The Task Force has seen no evidence of widespread criticism of the department. The APD plays a key role in economic development by maintaining an environment attractive to desirable development. The department's leadership is proactively addressing the issues of drugs, gangs, and juvenile problems. In looking at the Police Department we decided to approach our evaluation from a num- ber of perspectives: We found that thirty four per cent (34%) of General Funds are allocated to the Police Department. The Police Department's share of the cost of the Certificate of Participation (COP) for building the police building is an additional cost of police services. The COP for 1994-95 was $200,000. The police building's share should be 30%of $200,000. Actual share last year was approximately 7.5% Police development fees which were to have covered the full cost each year were $15,000 last year. It appears that including the cost of the debt service more accurately reflects total cost to the residents of police service. As a possible comparison to other department heads: The Chief"s salary is $73,168.60 per year, $4,632 health insurance, $17,111 retirement, $5,687 worker's comp and the city provides a vehicle for official use. Total $100,598.00 per year. Plus 1/2 of accrued sick leave would equal $23,779 on retirement. Police lieutenants are the 2nd highest paid. Annual salary is $53,875. Benefits bring it up to $75,462.00 per year. Thirty seven percent of city employees are in the police department. Our recommenda- tion is that staffing stay at its current level. If there is attrition in the department, staffing levels in other departments should be considered before filling vacancies. The purpose of this is to provide a better balance of services to the community. Belt tightening and a"Can Do" attitude" might help bring down some of the internal costs of operating the department. We noted that $17,000 is budgeted for supplies, and $1000 for bottled water. Possibly the City Council might consider a line by line scrutinization of some of the expenses. Communications need to be upgraded,. Contracting with the County for this might pro- vide us with more state of the art equipment at a cost saving. Fire and police use the same communications system so it would affect both departments. 000012 i i i 1 I Pooled vehicle maintenance should be explored more vi orousl o compared with the services currently charged by the vendor. y n a regional basis, and There might be some cost savings by having a Safety Department over police and fire. Police and fire would remain two separate services butahe adma- istrative decisions would be made by one person. Sunnyvale has implemented admin- and at least looking at the positive and negatives might be worthwhile. this idea, The APD should continue participation in all city events in order to support the economic development, via a good public image (attract the "right"kind of business).oal f There have been some complaints about police response 'me tjuvenile problems . downtown areas. Recommendation: increase emphasis onoot/bicyclepatro sdon the town in order to proactively relate to the business and juvenile communities. n This could additionally "keep the kids out of trouble"without increasing 9 the department's The APD currently has a senior volunteer program with about 30 participants. volunteers provide support services in the APD facility. Recommendation: Th These t APD should consider supporting the establishment of citizen patrols downtown and i borhoods, and the implementation of a program for volunteers to ride n neigh- police cars. de with officers in As we stated in the beginning we believe that the Police Department is doing a good job, but considering the financial condition of the city it seems that a disproportionate amountof the city funds are being spent for the services and that some of the Yugo-like other departments need to be upgraded. 9 other 000013 ECONOMIC RECOVERY TASK FORCE FIRE DEPARTMENT SUB-CCMIET EE (Jay DeCou, Lindsay, Hampton, Mike Hicks) As with most other City departments, 90% of the $1.2 million Fire Department budget is spent on personnel salary and benefits, leaving $125,020 for operating expenses in 1995-96. The money in the Fire Development Impact Fund -is separate from the Fire Department's budget. Revenue for the fund cods from the fees paid to the City every time a residence or commercial building is built. By state law, the spending of these funds is tightly restricted to paying for capital improvement` necessitated by the increased growth - operating expenses are not included. As of January, 1996, the fund was in the red $37,000 and encumbered for yearly payments of $30,000 for 5 years for a new brush truck in June. In the first 6 months of fiscal 95-96, the fund grew by $31,000 in fees. We recommend that a better accounting be kept of this fund so that a truer picture of the money available for projects is known and can be used in advanced planning for the department. In addition, a revue should be made of the fees charged to see if they can or should be increased due to inflation and in relation to fees charged by other cities. Only 10% of the total incidents responded to in 1995 were fixe; 59% were for medical incidents. The emergency medical service delivers advanced life support (ALF) through trained paramedics. Only 4 of 16 county entities offer this higher level; the rest offer basic life support (BLS) . The yearly cost to Atascadero for this higher level of service is $70,500; the lower level would cost approximately $6000. It is anticipated that beginning in the summer be repaidyearly` b the county. of 1996, the total cost of $70,500 will pa y Y We recommend that as long as the City is reimbursed at 100% or 90% of the cost of ALS, the program be maintained. If reimbursement ceases, the City should seriously consider reverting to the less costly BLS. In addition to fire stations 1 and 2, the City owns 2" lots for future fire stations. The locations of the 2 stations were pinpointed in a 1990 Fire Master Plan commissioned by the City (but never adopted due to disagreement with some conclusions, including the location of the Santa Lucia station) . Both lots were bought with funds from the Fire Development Impact Fund. The lot located at Del Rio and Hyw. 101, identified as station #3, is 1/8 acre and was bought for $125,000. There is a gas station building on the site which leased to a business for $9775 a year. This location provides excellent access to the freeway and the far north end of Atascadero, including Las Encinas, the factory outlet stores and the Rochell property. 00001s The lot located at Santa Lucia and Santa Ana, identified as station #4, is 1 acre and cost $100,000. The department intends to lease the land for grazing. This lot, located midway along the length of Santa Lucia affords access to an area of great expansion out to the City's western boundary including Long Valley, Paradise Valley, the expanded 3F Meadows, and the development of land coming out of an ag. preserve. We recommend that the lots not be sold: 1) the proceeds would not go into the General Fund, but into the Fire Development Impact Fund. 2) any revenue from the sale would be a long time coming unless the lots were sold at a loss. 3) the lots are strategically located and would be difficult and more expensive to replace. 4) lot #3 generates income for the City. We recommend that the City utilize long-term leases to insure continued revenue from these lots. The sub-committee feels the Fire Chief has been doing a good job of keeping department expenses as low as possible while still delivering an excellent level of service. The department budget has actually decreased for the last 2 years. Rather than suggesting specific cuts, a dollar amount or percentage to be cut should be determined and then it should be left up to the Chief to achieve it. For instance, the Fire Marshal position, we concur, should be filled. The Fire Chief has identified some strategies for both filling it and, at the same time, cutting the overtime budget. Wa recommend that the City explore the idea of joint fire dispatch with CDF and other County agencies. This would function best if the Police Department likewise formed a joint dispatch with the Sheriff's department. 000016 AT S ADERO FIRE D .P RTMF._NT FIRE PARAMEDIC SERVICE Fire Dept. subcommittee - Lindsay Hampton Advanced life support offered only 4 of 16 county entities offer this; rest are basic, life support Atascadero, Morro Bay, SLO, South Bay Cost $70,500. per year covers training, equipment, and incentive pay Staffed by 10 with paramedic training 1 on duty at each station receive premium pay of $375 per month is in charge at the scene regardless of rank rides in ambulance with patient to Hospital, followed by fire engine Response time 5 to 15 min. county target of 901 in 8 min.; 951 in 10 min, usually beats the ambulance to the scene 911 call received by Police dispatch which notifies Fire then calls county dispatch which notifies ambulance Total 1074 medical incidents in 1995 590 of all incidents (1832) 10% are fire; 311 other Ambulance Co. is private, but totally regulated as to profit allowed 1 based in Atas. half-time (during the day) 1 based in P.R., other in Temp. (won't enter Atas_ ) receives all payment for ambulance service First responder fee Atas. will get $63,000 (900 of cost) from county . received ;'ly for 5 year contract must be approved by Co. Board - know by April 1996 money actually comes from ambulance fees, which will be allowed to increase RECOMM ND: no cutback in service if covered by First Responder Fee 000017 COMMUNITY TASK FORCE FOR ECONOMIC RECOVERY COMMUNITY SERVICES /ADMINISTRATION SUBCOMMITTEE REPORT MIKE HICKS, JOHN LOVGREN, JONI ROBERTS It is the recommendation of this sub-committee that "Community Services" be eliminated . The categories currently under this catch-all department should be delegated to a PUBLIC WORKS Division and a PARKS AND RECREATION Division as outlined below: PUBLIC WORKS PARKS&RECREATION Streets Parks-operations Wastewater Zoo-operations Dial-A-Ride Pavilion-operations Parks-maintenance&CIP Recreation All building maintenance, including Pavilion It is recommended that a Public Works Director/City Engineer, meeting I.C.M.A. standards, be hired. Staff currently under COMMUNITY SERVICES would be reassigned according to the restructuring. It is recommended that program budgeting and employee incentives as outlined in the (Recreation report be implemented. 000019 ECONOMIC RECOVERY TASK FORCE Sub-Committee (Joanne Peters, Joni Roberts, Jing Patterson) REPORT ON COMMUNITY SERVICES DEPARTMENT PARKS & BUILDING DIVISION (Excluding Lake Pavilion) DRAFT REPORT February 12,1996 The sub-committee reviewed the Parks & Buildings Division staffing, service and budget levels over the past five years and makes the following observations and recommendations: Parks & Buildings has one shared supervisor. PARKS Staffing level has remained constant the past five years with three maintenance workers. The '95-'96 Budget of $289,400 is $100,400 (26%) less than the '91-'92 Budget of $389,800. 100!0 The '95-'96 Budget is $27,600 (10%) more than the '93-'94 Budget of $261 ,800. Increased responsibilities over '91-'92 include: Traffic Way Park, Downtown Street Trees, BIA Planter, Landscape Maintenance at Fire Stations 1&2, EI Camino Real Medians, Assumed Mowing Contract, Youth Center Landscape and Miles Wemp Creekway Park. BUILDINGS Staffing level was reduced by one (330!0) with the layoff of the building maintenance specialist in 1992. Staff currently consists of two maintenance workers. The '95-'96 Budget of $174,000 is $53,900 (240!0) less than the '91-'92 Budget of $227,900. Primary responsibilities include the custodial duties and maintenance of the City Administration Building Added responsibilities include the Youth Center. 0000'x0 Atascadero City Economic Recovery Committee Presentation Charles Paddock Zoo _ Our Guru���� ��a�aetd a�u caourcoua.� Final report-committee study by Jay DeCou & Shirley Moore Committee in agreement that the Atascadero Lake Park and Zoo Facility is the most important drawing:.card the City of Atascadero has to offer. We are presenting the 1994-95 Expenditures and Income to show than their was not a lot of choice in cutting costs. Or increasing income at the Zoo facility. RECOMMENDATIONS 1'- Retain:the Zoo as a City Facility, 2. Seek. COUNTY to contribute to the Zoo Facility, as it is a regional draw and the only facility of it kind in the county. (Santa Barbara to the south, and the Bay area to the North.) 3. As.in most of the departments, the major costs are wages, which are only under your control • a) Reduce salaries and benefits in All City Departments until the crunch is over. b) Especially eliminate the health payback of all single employees. c) Allow Department heads to be involved in the Union negotiations; so as to better govern the finances of their department. 4. We may have to raise the entrance fees again (raised in 1995) to help. 5. The Society has pledged to continue with their volunteer efforts and hours to continue the help to the Zoo and City, if it stays as a City Zoo. They have provided in 1995, tours to 6183 children, 660 Zoo birthday parties as a successful fund raising venture, conducted two docent classes with 23 adults attending, and adding to our educated docents who work endless hours for the zoo and city. In addition, we have served 2413 children at various schools throughout the county in our Outreach Program. The summer class hosted by the city and assisted by the docents served 150 children. 6. Last ditch effort; Change the collection to require less employees. (This would probably cut the gate receipts and donations, so may be self distracting.) 7. One of our directors, suggested that the city create a secretary pool, that could be called on by any department, to best utilize the talents and offer help to the department heads who do not have secretaries available this will improve services with no extra cost. We believe that we have the best little zoo in the country and that if it was closed now to •relieve the financial burden to the city, it would be lost forever, and privatizing would not be in 0 the cities best interest . 000022 RECOMMENDATIONS: Commend Parks & Buildings Division Personnel for maintaining high standards of quality with existing staff and reduced financial resources. Encourage the continued use of volunteers and Community Service Workers. Promote the newly implemented Adopt-A-Park Program. Contribution from General Fund remain at '95- 96 level plus reimbursement from Recreation Division for costs of maintaining facilities used by that division. Additional Revenues be utilized for deferred maintenance and equipment replacement and repair. Expense Comparison ■EMP EXP:P Salaries 0/645.241 as a Percentage of Total Expenses ■EMP EXP:T Salaries 11.13 ❑EMP EXP:PERS Full 6.78 MANIMAL:Supplies 5.62 ■EMP EXP':W Comp 4.55 ■EMP EXP:Health 4.471 ®UTIL:Elec 3.661 ®EMP EXP':L Payoff 3.091 ■ANIMAL-Prof Sery 2.881 ■EMP EXP:Med Payback 2.551 ■Other 10.021 Sub-Total ? $253,369.001 6/94- 6195 PAVILION sub-committee report by Lindsay Hampton & Kathy Peirson EXPENSES Staffing coordinator - 25 hours / week at $9 / hour service workers - $5-$6 / hour only during events no custodial service - done by service workers during events total staff costs $22,208 = 45% of total operating expenses($49,500) recommend no cuts here Utilities total costs $14,750 = 30% of total operating expenses electrical upgrade cost - $7,736(from PG&E audit) save - $4075 / year or ; off electrical costs / year rebates cut upgrade cost to $5,328 recommend implement electrical upgrade recommend obtain free energy audits from other utilities City Use not used by most City rec. classes because of facility costs evening rec. classes cancelled to prevent conflict with paying events day classes that generate sufficient revenue do use it easily relocatable classes do use it REVENUE Fees cost to open facility - $15/hour(staff & utilities only) depreciation, maintenance, and administrative costs not included non-profit "B" rate - $15/hour for community groups the minimum cost to have building open fee set 4 years ago recommend re-figure costs and increase slightly along with campaign to educate public as to necessitv private "C" rate - $18-$36/hour fee set 4 years ago cleaning fee initiated in Jan. 1996 reduced rate for M-Th eve. use initiates) in Jan. 1996 recommend refigure "true" total cost/hour recommend yearly comparisson of rates of other like facilities increase fees if possible 0000211 PAVILION special equipment useage P.A. , A.V. , etc. recommend charge for use Consessionaire expected to double this year to $9000 this the first full year of "good" operation by a competent company MARKETING OF FACILITY cooperates with Chamber of Commerce and Co. visitors & Conference Bureau recommend do in conjunction with Zoo and Parks recommend increased use of marketing recommend contacting local ad agencies to get bid for their services PRIVATIZATION Not recommended loss of control over rates charged loss of control over useage risk of revenue loss through mismanagement 0000ti l MUNI T "?".yam. F:�i:CE :SJR EC:-4qOMIC R GOV`^T'i S.,'BNAMMIL i� i,E-'t�R : :-FE(RATION DEPAF•1`ice,;: i t'r.L.:�,�1 i0N Dr c- ^!T 1J SJCh ASMALL i-�:R i IGN OF T,� CT-.VS 31_= THAT SUCE IH-DiiK IT :HCUIL BE "LE`'! ALON E' BECAUSE OF HE DESIRABLE. =RVIt r. iT n�3V IDr.�. iI-:r. (,ii:Ur t�L 1 t C. l l��f� ihr. i'(�S I.t0t J Tr'H i T rC IS RAPIDLY APPROACHING DIS LVEIN Y AND E'VE4Y D LLAR SPENT M=1-S TO BE F,VALUAT'z.�J► . YETI r'.._.r""".L ItiG IN itili D HAT PARKS AND Fv_UREATIOti A.RE VERY IL�ORTANr TO fHE n?UALIT I OF LIrc IN ATASCADERO. FRCh'✓ UHAT PIMUSE. THE FOLLOWING rRE.:aVIEIDATIONS AP,E IMUIDE. YOUTri CrE lI ER: / TriE CiT.f SFU-= NOT INCUR AW ETENSES FOR A YOUDH H CEL'VT"r ct TIME. TriIS Pa-UECTi FZZQUIRES AN OJrSIrzM4DING SOURCE. 11 Tr." FISCAL RISK: CF HJLiJING YtYJiZ Ci:AS5 AND LAY C.MZE IN A BUILy- '), 41\ ' Ki4oWly la--'T To BE EAr-ThCA1A.G.y REINFORCED HOUID BE CON'SIMEEP ,-' y � ALSO. T E CC 'S AND MAINIMIANCE OF Fl NOVATION. =—,FjUS 110 CONS II RUC,1 ION, Sr:G(ID BE CaI't�'-JLLY CONSID�. .J BEF-Cri,�E ANY F YND•S ARE iVUV'iI : '7:-E BUDGFI FOi'2 ===IGN SrOi:T DALLOCATE- ADMINTST rA - E COS' r r7an :D'E' . SO TriTiT A T,--,lirl� COST OF SVICF. I�; I'�IOWN. (. �CriIBIT A) TrE BUDGE-- SH)ULD REFIECT AN E<FFEMSE FOR REI1iDUI r.IvE T TO PkRiA3 FCR COS-LS OF MAIv 1A`JCE; U T 7.LITIr'_I. !R-7:UDING WATT?: SIJIP•PLIES: AND LABOR USS TO MAINTAIN TnT; PA:I.KS FOR RECMMONAL U--ES. ANY MOIN IES BORROWED BY T rig, REC:•ZEATION DEPAR=gT MUST BE =- KpEVSZ) MID . � -V-\r— R---"PAID TO TI-s PTcOPER FUND. iT, J ,1 : I . IEL :3) GE'v�: THE MMEATI�iN DEPAI I^ 7 , StiCUD ENDEAV01IR TO BE L15 S IPFOR.-LING ANL . NOT :iE+--dI.CE T11JOIT Fa''hM THE GENEr,AL F TIVD. WE Tr',IS BE Ai Ct;N[ri.IS Aa `.St:JN AS :tJJJi i.::. 3U:' iii ?1t�r;: THAN A :=: ::-Iii P_IN__ T rr'�1i 2: FWD A T TON - -D'20,000- * 31: GafJ✓1IL, FUND ALLY-CAT--3N - a - _ =1 _. F jam•.;j,_ L r'i l J ASJ�?;`:...,'1 L^YT .i:�. Dl1i� L.iJil•.i,...��.ti1�. /. :.'�L�".._ 000026 irtc :tJTc.'fm,!Ii.EE RECC5:NIZES LHA it iJi ;�`: . :: ufiJ i',",.: :'r . rC.=Et1 IC(`; WILT. HAVE is EI? OWN IDEAS ON. AND B..J_ r•NCW :CW O JC.�L`BA(7K THE 47 2�u:c-'E. WE :JiJ!7l'1'..."L_0N:: . A. = TO COVER COSTS INCLUDING ADMINISTRATIVE (SEE EXHIBIT A) a. i.l.1VSTJ��...L. ID-= CAN( "TR f<<�LI 'Li C.'•x:l4 C. CONSILDW—M. CANcIING HOLI7)AY CAW FROM KIr3Ui!Lii�i3iL.i.�-((9i�+'L`! 80 CnIL IT P AXICIPKI) D. AilVm _! SOLICIT ADLrTlSTv? TO AS:IK WITH PRINTING COST-is (POSSIOL'Y USE VOLUTE r..-.i E. CONSIDE ti CON(, ION STANDS AT PA.RREL F. R"TVALUATL SPECIAL &EN - (WHEN FACTORING IN ADMIN TIRE RFuENUE i.-ROM :,LL Et,/ZiS EQUULf- V549.00) G. COivSli�r< TrE USE Gi :�a_FCCn�j4UL4I(-ATj,-)N (SUCH A A EAMIKAL -Cal� r t? `I IHE USER, CAN CAN FOR FR::X3RiA O r=.`--.a* . i - �IvN Jr Gt t. AND F I rIT) Tri. Ai i�WK'S TO Tris MO T ASX ? QUES_ONS GRal: i�• SAVE SiA.r T iJAE) H. PROVIDE EMFLOYEE INCrNTIVES 'PCESSFUL COST RELUZION PLAN.) :d:d.`t:i lyn " E RD--0;D0ND GIVL`; Q 101VI J. L. "' E, 'L z=.S FOR COST CJ:i ING IDEAS AS L`F'L:��IE i ULD BY THE 07; AN i AYL lNCENI IVES G.+ TO THE ENURE DE?KRI EN IF T.u.! C–CiC ?i'1 T riIS %IA:-`S THE L;u�PL07m AN ACTIVE PAI-71— OF itis I. ALLOW DEPA.c iHEYs"T3 THE FLEXIBILITY it KARRY OVER" TO THE vwK, BUDGET DOLL03 THAT WERE NOT USED. THIN OFI'IGN WOULD PERR'AIN Tu 11MITED BUDGET 1TLyrS. AND, OF COURSE. WC11JU- ) 1`+.ji BE CONJiDl= CC,"--N(.7 Ii'' UP�i�E BILL C E"i' Tr!IS 1`�AY =,P CURB FISCAL 'Ct.A�—Ei-,D SIPE—l"DIVi ic 1 i - 1 - t -(�lJ�t C,L- Si-Y-VIC� it-Ie r. ._ LIL C t�P is N��a .;1 pztY'ed �U iJ I JC a trLltst' c�t�ir: sr_.ati Je E ;O--'15e was C-LC%llat----i for ea.t_h e -penditure or: t ._ budget arlcl act(_-.: to it. The xp ,� on �ac�l cur_ ,ries e at :r i'� tease pc:'C @taut e 0-7 ii a' -Vera. Ji.lt:icre o` =i ,3 n .c r, cL i r cJY'_m Jt1QQ ed i C ul11 v nLi 'o Aquatics 31.9791. 43,553 4 35.49F_; 292. t11� L'S.901. ,f�-r) s3J. I -L. .•300. / 1'.,239. Adult Sports -J %/i. l`�. )d-. C7, �ci7. l7.3 9`�. 7 1 f Z.1 asse-b 50"220. v 7.Oci�. n ,(500. 5132, 6.974. Youth C itr. 35.742. w,7-449. 36.980. (111,769.) .828. :p@ridl Events 17 7-15. 2Z,021. r,r71 . 15.5 70. (3,451. 68*- Trips 7,07G. 9.960. 7,920. (2,040. ) 1.073. Youth Spts. 1-9,455. 41 ,017. 4(,205. 188. 4,292. 7c�8. :x.21 7.sOG. ,9c7. 530. Rentals 3, `,-,TAI..- J 360, /;9. ,:25,r.43. s,'b. '.,}J. (bd.24 J. , 53.645. IYCC. .,:%I::'11 i`:CrittG'_ 10.1 L'LSCY71Zt U�� h.7EINIS7H:VCL Adult tipoT-ts 41 729. Classes 5.974. ` r. Teen t i-r-crra.m 375 4.8'22111`31. .7icecial Events _0600 c.6i7'. Trips 225 1.073. 4. Youth i 31DOrrr-S 9:J d X92. 4.�l� Boat Rentals 1238 JJO. 1 lis ci1a "'ia dorle to 114G,d It is not i i:t led i-(l _ 0000,;8 ECONOMIC RECOVERY TASK FORCE STREETS SUB COMMITTEE (Joanne Peters, Joni Roberts, Mike Hicks, James Patterson) DRAFT REPORT February 19, 1996 FUNDING HISTORY GENERAL FUND GAS TAX TOTAL 190 $431 ,000 $214,000 $645,000 191 $439,650 $109.000 $548,650 '92 $389,540 $192,000 $581 ,540 '93 '' $267,670 $324,000 $591 ,670 194 $136,550 $448,190 $584,740 195 $ 54,900 $447,890 $502,790 '96 $ 58,400 $452,150 $510,550 * State withdrew mandate requiring General Fund expenditures of a minimum of $95,000 for road maintenance per year to qualify for gas tax funds. STAFFING HISTORY '90 7 '91 7 '92 6 '93 6 '94 5 '95 5 ,96 * 4 * One person to retire this year reducing staffing level to 3. The Street Division is currently included in the Community Services Department. It was moved from the Public Works Department in 1990. The Public Works Department was eliminated in 1993 with the resignation of the Public Works Director. Other Public Works functions': were distributed to other departments. 0000:9 The street Division is responsible for 168 miles of City maintained roads. The recommended annual maintenance includes: 17 miles of seal coating, 8.4 miles of overlay and 2.3 miles of reconstruction. ( This is based on an 80 year road life expectancy with proper maintenance.) Signage, striping and drainage repair is also required on an annual basis. The estimated cost to perform the annual maintenance is $1 ,400,000. Continuing to defer these maintenance costs only increase the costs of repair at a future date. It is essential that the Street Division staffing be restored to an adequate operating level of five to six personnel. Sufficient revenue should be allocated to perform the backlog of deferred maintenance and stay current with the annual maintenance requirements. Failure to do so will result in a continued deterioration of the City's street infrastructure and inflate the cost of future repairs. Injury and property damage claims against the City have increased in recent years as a result. of the declining condition of the City's streets and sidewalks. It is the Sub-Committee's recommendation that the City hire a Public Works Director who is also a licensed civil engineer and that the Street Division be placed back in the Public Works Department. Additional annual revenues of approximately $1 ,000,000 would be required to fund the necessary street maintenance and hire a Public Works Director. R ECONOMIC RECOVERY TASK FORCE Sub-Committee 000030 COMMUNITY I}EVELOPMEN'fl' DEPARTMENT SU$-COMMt1TEE 000031 I COMMUNITY DEVELOPMENT Bob Johnson&Joni Roberts There were few suggestions for cuts for this department as it appears to be running at a minimum currently. Following is an outline of what was discussed at our meeting: 1. Have a Public Works Director/City Engineer as head of all departments under Community Development 2. Keep the staff at present level 3. Make better use of personnel as ordinance enforcement 4 Code enforcement needed. (Future goal) 5. Use volunteers as much as possible 6. Restructure fines (to recover costs of enforcement personnel.) 7. Raise level of SERVICE. The planninglbuildmg departments have a reputation of making things difficult to overcome. These departments are often a persons first impression of our City. Developers, and businessmen who may want to move into our area may be dissuaded by needless time delays and red tape. This needs to be corrected. It makes no financial sense to Dire a Community Development Director to seek business and light industry if we cannot handle the servicing. A. S. Raise development fees. �Acrtevei-o€ser�viee-israised�--' 9. Better planning to decrease environmental intrusion 10. Utilize computer as much as posible for"self serve"at desk 00003 f ADMINISTRATION DEPARTMENT SUB-COMMITTEE K EE 000033 CITY ADNUNISTRATION Ralph Dowell Mike Hicks Joni Roberts p , The following observations are made by this subcommittee: The City Manager should take a more pro-active rather than reactive posture. The City Manager needs to "manage" more. Let the department heads do the micro- managing. Develop an organizational chart and chain of command. Eliminate City Clerk as an elected position. Do not see need for full time personnel analyst. Get department heads re-involved in employee negotiations and hiring. Stop all spending for conferences and training unless mandated by law. Charts provided indicate a salary increase for Administration in 95-96 yet department less 1/2 employee. Need explanation. What is the current balance of funds in the wastewater account? How is the 5 year pay back going to be accomplished? Is there a layoff policy in effect. Any cuts should start at the TOP. 0000:3,1 FINANCE DEPARTMENT Ralph Dowell and Joan O'Keefe Staff for the Finance Department consists of five (5) employees. The department's annual expenses are a little under four per cent (4%) of General Fund Expenditures. "The overriding function of the department is the production of information." The comments in this report regarding availability of information are not meant to be a reflection on the finance director, rather, they reflect policy making at a higher level. The City's expenses have been exceeding revenues for sometime. In October 1994 Atascadero received a letter from the State Audits Branch stating, "the auditor for the City of Atascadero has determined there is a substantial doubt about the city's ability to continue as a going concern." The City was experiencing financial problems prior to the Orange County investment problem. Unfortunately there has been a tendency to blame the Orange County Fund investment and to not look at the full financial picture. To look at the full financial picture there needs to be a system in operation that provides current and forthright information in a format that is understandable. Our first and most important recommendation is that information about the city's financial status be current and available at all times. It was not possible for this committee to get up to date information about the city's finances supposedly, because the annual independent audit for FY 1994-95 (July-June) is still in progress (February 1996). It is estimated that the audit will be completed in March 1996. Release of up to date information should not be dependent upon receiving an independent audit review which is evaluating the city's financial status 9 months ago. Building on this recommendation, that financial information be current and available at all times , the format of the fiscal reports or budgets should be presented in a more understandable manner. The Finance Officer could generate some examples of different formats and the City Council or Finance Committee could pick a format that can be read and understood without having to spend hours digging out and searching through information. A schedule of interfund loans should also be generated on a regular basis (monthly or quarterly). Establishing an easily tracked encumbering program would insure that an accurate fund status is established. Revenues received and revenues anticipated should be clearly identified and distinguished. The City Council receives quarterly financial reports but the formality of a City Council meeting does not allow for back and forth dialogue. Thus another recommendation is that the Finance Committee be made an official body and that the Finance Committee meet and 000036 review the quarterly report prior to its being presented to the City Council. This meeting of the Finance Committee is open to the public. *The city does not have a Fixed Assets Program which is a mandatory requirement of an annual independent audit. The city has been noticed for not having this information on past audit reports. This information is critical for future budget planning. The remaining recommendations address overall efficiency with regard to specific operations in the department. Business Licenses: The city generates about$115,000 from its 1700 business licenses. Half the licenses are renewed in December, the other half at mid year. The Finance Clerk spends about one full month each time the renewals are done. By having the renewals done in one block of time during the year it is anticipated that the length of time to complete the process will be significantly reduced because the process will need to be set up only one time. Accounts Receivable: The city needs to pursue the collection of over due accounts more vigorously. One su suggestion is that an over due notice o out with the Ind billin the 3rd gg g � overdue notice be sent by registered mail and the 4th action is to either go through small claims court or turn the account over to a collection agency. 10ayroll: Evaluate cost savings, including staff time, of having a monthly payroll or a bimonthly payroll with direct deposit. Staffing: Adding an Accountant could make more useful and timely information available. The function of an Accountant is to look at the ledgers on a regular basis. Decision making would then ideally be based on the real financial status of the accounts. The function of a secretary is not as critical as it was in the past because much of the work can be done by using a computer, e.g., E-mail, word processing etc. Thus the number of staff would not be increased but more emphasis would be placed on having staff with a a accounting background. Purchasing: At one time the city used central purchasing. This was stopped in a move to decentralize but it seems with decentralization accountability in some departments also went by the wayside. There are pros and cons with regard to the issue but we think it would be beneficial to do a cost analysis comparing both methods. Alternatively if central purchasing is not considered, an alternative would be to have all purchase orders reviewed and tracked by the Finance Department and reviewed by the City Manager. 00003''7 s n t F;.'O.BQX'3?2,:�TA��4DEitt7�� 93z 42� ATASCADERO HOMEOWNERS ASSOCIATION (AHA) RECOMMENDATION TO THE CITY COUNCIL NOTE: AHA recommendations that differ from ERTF recommendations are underlined. I. SHORT TERM RECOMMENDATIONS: These are actions with an immediate effect. These recommendations are to remain in effect until the budget incorporates the pay-back to the Wastewater Fund, budgets realistic amounts for emergencies and the Zoo and incorporates the minimum General Fund Reserve as recommended by the auditors. A. SHORT TERM STEPS TO KEEP FROM ADDING NEW DEBT TO THE GENERAL FUND 1. No new projects. 2. Hiring freeze for additional positions. 3. Freeze wages. 4. Every department not to exceed their annual budget. B. SHORT TERM COST CUTTING TO COVER EXISTING DEBT, ANNUAL EXPENSES & MINIMUM GENERAL FUND RESERVE I. City Manager to be held accountable for control of the budget. 2. Reduction of department head salaries. 3. Reduction of certain employee benefits such as health pay- back for employees without dependents. 4. Department budget reductions based on AHA rating of individual departments. (See ratings on page 4.) 5. Consider voluntary employee furloughs. 1 000039 P � BQX 322,.?:TASCAT?ER�,CA 9342 ' � , r ------------------- S II. LONG TERM RECOMMENDATIONS: These are actions that may take some time before the savings effect will be realized. A. LONG TERM COST REDUCTIONS 1. Contract with the County for dispatch service. 2. Adopt enroachment and sidewalk ordinances. (See Streets report.) 3. Consider monthly payroll or consider contracting out payroll. 4. Centralize purchasing. 5. Enact PG&E recommendations to reduce utility costs at the Pavilion and other City buildings. B. LONG TERM REVENUE ENHANCEMENTS 1. Increase any fees that aren't recovering all costs to the City. This includes the cost of deferred maintenance and administration. (Refer to the reports on the Community Development Department, Recreation Department, Parks/Buildings and the Pavilion.) 2. Enforce code, permit and license requirements. 3. AHA cannot recommend for a tax increase or a city wide assessment because the majority Cit of the y Council continues to fund new projects from the General Fund that do not benefit the general public. These are projects that should be financed by the private sector because they benefit a select few people. Further, these projects have been financed through borrowing from the Wastewater Fund. Wastewater Fund reserves have decreased to the point were necessary upgrades cannot be done thereby jeopardizing the safetv and health of Atascadero citizens. 000040 i t 1 � t w'' 1 L 1 1 Wil C. LONG TERM INCREASE IN SERVICE LEVELS These are to be enacted after the short term recommendations have been achieved. 1. Overlay roads according to the priority established by the City Engineer. 2. Increase road maintenance staff to previous level. 3. Repair buildings owned by the City. 4. Replace worn out equipment. 5. Hire a Community Development Director.. PAHA does not consider hiring a Public Works Director a,high primo 6. Hire an Accountant for the Finance Department as recommended by the auditors. D. OTHER 1. A record of the City's financial status should be current and available at all times and should include cash flow projections. The report should also reflect the annual amount budgeted for each department, expected revenues for each department and balances remaining as the fiscal year progresses. (See Finance Department Report.) 2. Utilize computer for self-service in the Planning Department. 3. Streamline permitting process without reducing standards. 4. Implement a Fixed Asset program and update it annually. 5. Improve collections. Turn delinquent accounts over to collection agency. 6. Make the Finance Committee an official body which meets at least quarterly. 3 0000,11L 1 Pe+ IN � x a ATASCADERO HOMEOWNERS ASSOCIATION _ RATINGS OF DEPARTMENTS BY SERVICE LEVEL AND ADEQUACY OF FUNDING Refer to individual sub-committee reports for each department to gain a better understanding of the ratings. DEPARTMENT SERVICE LEVELS ADEQUACY OF FUNDING FROM GENERAL FUND Police Adequate More than adequate Fire Adequate Adequate Finance Less than adequate Less than adequate Parks/Buildings Less than adequate Less than adequate Recreation Adequate More than adequate for adults. Less than adequate for children Zoo Adequate Less than adequate Street Maintenance Less than adequate Less than adequate Street Overlays Less than adequate Less than adequate Pavilion Adequate More than adequate Community Development Adequate Less than adequate Administration Adequate Adequate Wastewater Adequate (Enterprise fund) 4 0000,12 Economic Recovery Task Force Recommendations Parks & Recreation Commission Commissioner/Joanne Peters Parks and Recreation is a different "animal" than your typical City department. Your recommendation to the City Council will not only affect the Department Staff, but will directly and immediately impact the quality of life of our senior citizens,children, and other citizens of all ages who live in Atascadero. In recommending short term and long term solutions for our General Fund Crisis, I believe it is important, that every single department, share in cost reduction of their own budget, cross the board, whether it be 10%, 15% or more for the next several years. I would not feel comfortable agreeing to any recommendations unless we made every department work on regaining control of the General Fund deficit. In my opinion, in this situation, all departments, department heads, staff and volunteers need to be approached in a positive way, and, in a way that everyone is working as a team for one common goal. Another point to the Parks and Recreation Department's budget figures as we have been shown recently, cannot show a true picture, according to the Recreation Supervisor, Geoff English, the majority of funds for the Acquatics program comes into the city during the month of June, as well as youth sports and adult sports. The report of March 31st that Brad showed us last week showed these activities we in the negative; we must be able to look at the year's picture to make that picture more clear. It is my opinion and the observation of the Parks and Recreation Commission, that the staff of Community Services is doing an excellent job of preparing for the future. They have already begin a serious Budget Reduction Action Plan which will dramatically reduce their withdrawal of funds from the General Fund. My biggest fear is that other departments are not doing this. The only way we will see the General Fund return to normal status is if all departments are required to make reductions, especially the departments who have the biggest piece of General Fund monies. By getting back 10%, 15% of the monies from the larger budgeted departments will be our best solution, they as well, will be the least impacted. OoOO43 HUFFMAN.& ASSOCIATES 94 W t 4 0 461-1Q53 = 5 3 Traffic a c a A ascadero Ca 93 22 8 5 BUSINESS AND COMPUTER CONSULTANTS`s.- May 23 , 1996' : Huffman & Associates requests that this summary_ presentatioh-;a regarding the Economic Recovery- Task Force be included and-�- _ recorded in the minutes of this annual ineeting:�r7r_ Summary Report of BIA participation in the. Atascadero Ecanomic`.z Recovery Task Force. BIA representative Dwight Huffman;.- CEO-,'-' Huffman & Associates. e 1. The task force has gone on for almost a full' gear', . meet3ngc every Monday evening with very few- exceptions. Only lone meet-ing_- was missed by the BIArepresentative.y. 2 . The final report prepared by_ the task- force_ gets_ resented-toy the City Council next Tuesday, May 28th'.- . 3 . Dwight presented all the points that the BIA Board- wanted-to-Z, get into the proceedings. The BIA-and Chamber were_ outvoted-,by.f the other members of the. task force on only one point - that- of- being against recommending any action regarding City employees-: salaries and benefits. It should-be- noted that the BIA"end--,,! Chamber opposition were reported in the paper:::_ 4 . The task force plans to follow up in'. a few monthd to see. what3--. the City has done regarding their recommendations. The BIA Board.,:;' should plan on sending a representative to-this group._ Dwight_. hereby advises you that he will be unable to participate in this: follow-up group.-. Mr.Mayor and Members of the Council 18 May 996 Subject:Economic Recovery Task Force(ERTF) Minority Report The chairperson of the ERTF and the committee were notified at a meet ing on 13 May that a minority report would be submitted to the Council wherein differences were not approved by majority vote. I am sure that the Council,in its wisdom,will find it difficult,as have 1, b distinguish between the Committee's usage of short and long term classifications. In order for the City to assume a"reasonable"financial status,visa-vis to become a "going concern"a combination of at least two events must occur (l.)Expenditures must be reduced (2.)Revenue must be enhanced Determination of expense reduction by a"lay"committee,in effect,may lead to micro-m ement which I believe was outside the domain of the ERTF.Some examples of this are o Reduction of department head salaries. o The latitude necessary for a department to exceed a budget.With proper controls,the City Manager is there to administer alterations in distribution of the City's budget and the expe,,tancy is that Council approval may be required.For example-what does the Fire Dept do for when the costs of fires result in excess budgetary allowance? The Council must generate a list of priorities(a plan)in order for the C' Manager to demonstrate alternative solutions compatible with the proposed priorties.This,in a sense, uld lead to the reformation of departments and,in some cases,result in the augmentation and/or loss of positions. Departmental budget reductions based on ERTF ratings-means no -since there may be times when the Council may want to modify the allocation subsequent to the b t approval. The City Manager is accountable for control of the budget,however I st spect that the Committee wished to emphasize this point I believe the Committee did try to come up with some thought-provok ng ideas, however,the cost-cutting and revenue enhancements as proposed represent a miniscule i olution to the problem of financial stability.To incorporate the minimum General Fund reserve as ou ' d in previous auditor recommendations,the Council should consider.: (L)The placement on the forthcoming ballot a Utility Users tax,with a et clause of 2 to 3 years.Attached is the sample which Brad Whitty disseminated.One exception relates to the statement requiring a 2/3 majority.Information obtained from the County Auditor's department' a simple majority is sufficient when non-specificity is declared As shown in the simplistic examp a 5%tax yields approximately 3/4 of a million dollars per annum.This would generate sufficient revenue ' ' a couple of years to provide a necessary reserve.The cost per household is estimated t@$5 to$6 per onth (2.)Alternatively assessment districts which do not require voter sancti can provide revenue for specific items such as road maintenance eta I personally favor the Utility tax,giving the electorate the chance to express their wishes knowing that the City financial condition is in dire need of repair. Finally,I would like to commend the ERTF committee for their efforts but feel tl kat the City must not delay in its quest for additional revenue via the taxation and/or the assessment route concomitant with reductions in expenditures.We've been operating on a shoeshing for too many years and I his has to change lest we be forced into bankruptcy. Respectfully submitted for Micid Korba by Leon Korba. , Enc. : Discussion, Utility Users Tax I .-�e Discussion, Fire Suppression Assess— �� ments (� 0000,14 City of Atascadero Presented to: Economic Recovery Task Force Topic: Revenue Enhancement Proposals A P Discussion: Utility Users Tax Background; Authority: Government Code Section 37100.5 for a General Law City. Administering Agency: Tax is levied by the City, collected by the utility as part of its regular billing procedure and then remitted to the City monthly. Use of Revenue: Unrestricted. Implementation procedure: City Council must recommend the tax be placed on the November ballot for voter approval. Approval must be a two-thirds majority. The deadline for getting the measure on the November ballot is Friday, August 9, 1996. Council would need to take action on this item no later than the first council meeting in June in order to make the August 9h deadline. Discussion: The utility users tax, unlike other types of revenue enhancements, can provide a more direct benefit to the citizens of Atascadero by providing a steady revenue source to the City so that it can maintain operations on a year-to-year basis. As can be seen in Attachment A, the statewide use of the utility tax has grown in recent years, primarily due to the increased pressures of Sacramento taking away sources of revenues from Cities. In 1993 alone, 13 Cities adopted and began using the utility tax as a means to supplement their income. That was a 23%increase from the cities that used the tax prior to 1993. I 0000',} Agenda Item: A-1 Meel ing Date: 5128196 * .NOTICE: THE MINUTES OF THE CITY COUNCIL'S MAY 14'" MEETING WILL BE DISTRIBUTED SEPA ATELY. I REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-2 • Through: Rudy Hernandez, City Treasurer Meeting Date: 5/28/96 From: Brad Whitty, Finance Director SUBJECT: Treasurer's Report - April, 1996 RECOMMENDATION: Council review and accept. Attachment: Treasurer's Report, April, 1996 00005'7 CITY OF ATASCADERO TREASURER'S REPORT FOR THE MONTH OF APRIL, 1996 0 GENERAL FISCAL ACCOUNT INVESTMENTS AGENT TOTAL BEGIN. BALANCE $244,535 5,027,879 484,141 $5,756,555 RECEIPTS 2,408,796 73,750 2,468 2,485,014 DISBURSEMENTS (840,360) 0 0 (840,360) TRANSFERS IN 0 1,200,000 1,200,000 TRANSFERS OUT (1,200,000) 0 0 (1,200,000) OTHERS 0 0 0 0 ENDING BALANCE 612,971 6,301,629 486,609 7,401,209 DEPOSITS IN TRANSIT 33,296 CHECKS OUTSTANDING (151,926) ADJUSTMENTS* 4 ADJUSTED TREASURER'S BALANCE $7,282,583 O TASCADERO RU ANDEZ� City Tr • 000058 ALL FUNDS-GENERAL ACCOUNT/INVESTMENT RESERVED UNRESERVED CASH (1) ASH 2 FUNDS General Fund Pooled Cash 35,000 ;$1,409,894 Gas Tax Fund Pooled Cash 25,391 Development Fee Pooled Cash 795 'Donations Pooled Cash 2,848 A.D.#4-Reserve Pooled Cash 44,789 Zoo Enterprise Pooled Cash 41,120 Camino Real Reserve 12,990 92 St.A.D.Resrv.Pooled Cash 2 Payroll Trust Pooled Cash -2,486 TRAN Repayment Pooled Cash 569,362 94 CDBG Pooled Cash 27,072 93 STBG-688 Pooled Cash 3,913 95 CDBG Pooled Cash 13,337 93 EDBG-268 Pooled Cash 15 COPS Fast Grant -11,123 Dial-A-Ride Pooled Cash 15,078 Wastewater Fund Pooled Cash 951,746 Lake Park Pavil.Pooled Cash 21,523 Aquatics Pooled Cash -16,254 Recreation Pooled Cash -39,013 Tree Plant Fund Pooled Cash 33,239 Tree Assn.Fund Pooled Cash 23 Sidewalk Trust Pooled Cash 43,803 Emergency Services Pooled Cash -17,500 Police Training Pooled Cash -1,473 Weed Abatement Pooled Cash 38,631 A.D.#3 Redemptn.Pooled Cash 14,058 A.D.#4 Redemptn.Pooled Cash 60,570 A.D.#5 Redemptn.Pooled Cash 57 Camino Real Redempt.Pooled Cash 145,532 92 Street A.D.Redemptn.Pooled Cash 56,005 Santa Ana A.D.#7 -938 89 COP Debt Svc.Pooled Cash 57,369 Capital Project Pooled Cash -138,368 Pol.Dev.Fees Pooled Cash 11,429 Fire Dev.Fees Pooled Cash 47,936 P&R Dev.Fees Pooled Cash 66,240 Drain.Dev.Fees Pooled Cash 445,204 Amapoa-Tec.Fee Pooled Cash 207,103 Public Works Pooled Cash 486,074 St.Main.Dist.Pooled Cash 44,794 TDA Non-Transit Pooled Cash 62,276 Sewer Facilities Capital 2,045,240 Camino Real Const.Pooled Cash 17,212 Las Encinas Const.Pooled Cash 17,579 3-F Meadows Const.Pooled Cash 14,271 Santa Rosa A.D.#7 Pooled Cash 58,896 TOTAL ALL FUNDS $996,323 $5,799,651 CASH WITH FISCAL AGENT Camino Real Resr.Cash 199,890 92 St.A.D.Resvr.Cash 45,957 Wastewater Fund Cash 43,516 Camino Real Redem.Cash 33 92 St.A.D.Redm.Cash 3 89 COP Debt Serv.Cash 197,210 TOTAL WITH FISCAL AGENT $486,609 TOTAL OF ALL CASH $7,282.583 000059 INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND April 30,1996 INTEREST TIME DEPOSITS: AMOUNT RECEIVED Orange County Investment Pool/TRAM $ -0- $1, 609 (6) Orange County Investment Pool -0- 51, 206 (6) Santa Lucia Bank C.D. 35, 000 0 Local Agency Investment Fund - Reg. 5, 633, 004 283, 906 Local Agency Investment Fund - TRAN 633, 625 (3) TOTAL TIME DEPOSITS $6, 301, 629 336, 721 Mid-State Interest Received 7, 912 TOTAL INTEREST RECEIVED $344, 633 Notes: (1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) The City must repay a $1, 210, 000. The City must set aside $633, 625 in January and will again in June to repay the TRAN due on July 3, 1996 (4) March, 1996 interest yields were as follows: LAIF 5.560 Mid-State 2 .75% (5) This is actual amount deposited to City accounts and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. (6) On December 6th 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a receivable of $1, 155, 283.04 against the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition interest for the period from December 1, 1994 through July 20, 1995. 000060 "AMC ONE AR/ZONA LEAS/NG CORPORA rION A Subsidiary of Bank One, Arizona, NA ODOMETER DISCLOSURE STATEMENT(LEASED VEHICLE) Federal Law(and State Law,if applicable)requires that the Lessee disclose the mileage to the Lessor in connection with the transfe, `ownership. Failure to complete or making a false statement may result in fines and/or imprisonmen' disclosure form below and return to Lessor. I,\P6&=(A g. \ ^ state that the odometer now reads Name of PerF v (no ter �` knowledge that it reflects the actual mileage of the vehicle describe < wing statements is checked. best of my knowledge the odometer reading reflects excess of its mechanical limits. a odometer reading is NOT the actual mileage. Make: ISUZU Year. 1991 Model: Body Type: UT VIN#: JACCH58R4M8909323 Lessee's Name: City ofAtascadero Lessee's Street Address: 6500 Palma Avenue Atascadero, California 93422 Lee' Signa X ` s Date of Statement: L5 Lessor's Name: BANC ONE ARIZONA LEASING CORPORATION Lessor's Address: 201 N.CENTRAL AVENUE,8th FLOOR PHOENIX,ARIZONA 85004 Date Disclosure Form Sent to Lessee: May 8, 1996 Date Completed Disclosure Form Received from Lessee: Lessor's Signature: BY Its 0000(1 REPORT TO CITY COUNCIL Date: May.28, 1996 • CITY OF ATASCADERO Agenda Item: A-3 Through: Andy Takata, City Manager From: Michael P. McCain, Fire Chief SUBJECT: .Weed abatement contract - Bid #96-03. RECOMMENDATIONSz Recommend awarding of contract to Mr. Jack R. Bridwell. BACKGROUND: Bids for the weed abatement contract were opened 5/08/96 @ 2:00 p.m. by Lee Price, City Clerk. As indicated on the attached bid summary sheet, two bids were submitted. I recommend awarding the bid to the lowest bidder, Jack R. Bridwell. Mr. Bridwell has provided weed abatement contract services for the City on previous occasions and performance is satisfactory. FISCAL IMPACT: Funds are budgeted annually to cover costs of the weed abatement program and fees are recovered through assessments on property t bills. ENCLOSURES: Resolution 37-96 Bids Bid Summary 000062 RESOLUTION. NO. 37-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JACK R. BRIDWELL FOR WEED ABATEMENT SERVICES The City Council of the City of Atascadero, California hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with Jack R. Bridwell for weed abatement services. 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; releaseand expend funds; and issue warrants to comply with the terms of this agreement. PASSES AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 28th of May, 1996. ATTEST: CITY OF ATASCADERO LEE PRICE,City Clerk George Highland, Mayor APPROVED AS TO FORM; ARTHER R.MONTANDON,City Attorney 000063 BID SUMMARY TO: Michael P. McCain, Fire Chief FROM: Lee Price City Clerk BID NO.: 96-93 OPENED : 05/8/96 2:00 p.m. PROJECT: Weed Abatement 1996 (2) bids were received and opened today, as follows: Bidder Part 1 (Tractor) Part 11 (Hand) Part 111 (Hauling) Jack Bridwell 23/hr. - 15/'/2 hr. 13/hr. - 10/Y2 hr. 10/hr. - 8/Y2 hr. 11600 Viejo Camino Atascadero 466-8459 Brett's Tractor Service 45/hr. - 25/Y2 hr. 25/hr. - 20/'/2 hr. 10/hr. - 10/% hr. 605 Third Street Paso Robles 237-2288 Attachments: 2 bids 000064 MAY8 � 90 CITY OF ATASCADERO - i Office of Purchasing Agent 1 6500 Palma Ave., Atascadero, CA 93422 U':C4 A?HSOADE JO C1 s(i,L_RK'S Vir C INVITATION AND BID FOR ONE YEAR CONTRACT BID NO. 96-03 w - Sealed bids, subject to the conditions herein, will be received at the office of the City Clerk until 2:00 p.m., May 08, 1996, and then publicly opened, for furnishing the following services at various locations within the City of Atascadero for the period of one year. WEED ABATEMENT Bidder-Contractor: JAZAddress: Instructions: Please bid on the following items. The contractor must comply with the attached Legal Regulations and Responsibilities. The City reserves the right to reject any or all bids and to waive any irregularity or informality of any bids to the extent permitted by law. The Fire Chief, or his authorized representative, may exercise the authority to reject any work not considered satisfactory. This bid includes both large parcels (tractor work), small lots (hand work - weed eater) debris removal (hauling), and designated flood control drainage maintenance. The minimum time per job on any parcel or lot will be one-half hour. Please indicate tractor and mower size and type. Recommended equipment for large parcels is two four-wheel drive tractors; for small parcels (hand work) is a 4-man crew; a pick-up is sul�icient for most hauling; a flat bed trailer is recommended. }} Part I: Lame Parcel: Tractor with operator $ O" �, per hr a I per 1/2 hr Part II: Hand Work: Weed Eaters $ l �, per hr per 1/2 hr Part III: Hauling: Removal of debris from parcels to the landfill $ f -per hr i i $ _per 1/2 hr The Contractor, upon being awarded the abatement contract, shall provide evidence of insurance t as per City requirement, (see pg. 2-3). He shall provide a camera and all the color film needed so as to take a picture of each lot he cleans before and after work is completed. The photos are to include items to be removed, including weeds, refuse, appliances, or any other abatable material as directed in the contractors work order. Significant landmarks shall also be included within the picture so as to confirm location. Before and after shots shall be taken from the same point and in the same direction so as to include significant and identifiable landmarks. The film shall be i I 1 000065 i s l developed, organized by pairs of before and after shots, and submitted by attachment to each appropriate Contractor's work order/billing for abatement work. Each picture shall be identified by parcel number with an easel board or dry erase board in the photo with the appropriate APN indicated. The APN indicated on the board must be clearly visible for payment. As a bidder you are responsible for all costs incurred to generate the photos as proof of work performed. If the contractor cannot prove he did the work, then he is to absorb the cost Additionally, j errors and omissions on the part of the contractor, that are discovered past the date of payment for work performed, will be back charged to the contractor, as approved by the , Fire Chief. Safety equipment to be`provided as required by Atascadero City Fire Department. Each towing and/or crew vehicle shall have installed on board one 2A IOBC fire extinguisher:and two round- point shovels. Each tractor shall have installed on board one 2 1/2 gallon water extinguisher and one 2A IOBC fire extinguisher. Contractor must obtain all licensing rcquircd to conduct a buSiness in the City of Atascadero and the State of California. Contractor shall be required to sign an aurreement with the City of Atascadero. The contract contains a wide variety of provisionsluding insurance requirements of the bidder. A sample contract is available at the Atascadeincro City Fire Department, 6005 Lewis Avenue, Atascadero. LEGAL REGULATIONS AND RESPONSIBILITIES TO THE PUBLIC Contractor's Insurance: The Contractor shall not commence work under this contract until he/she has obtained all insurance required, and such insurance shall have been approved by the City as to form, amount, and carrier; nor shall Contractor allow any Subcontractor to commence work in *his subcontract until similar insurance required of the Subcontractor shall have been obtained and approved. (a) Worker's Compensation and Other Employee Benefits: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that'°Contractor and Contractor's employees and agents have no right to worker's compensation or other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any Contractor or Contractor's employees or agents. (b) Pubiic Liability and Property Damage Insurance• Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointed boards, officers, agents, and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractors or any Subcontractors operations under this contract, whether such operations be by Contractor or by amounts of such insurance shall be as follows: (1) Public Liability Insurance. In anamount not less than $1,000,000 for injuries, including, but not limited to, death, to any one person and subject to the same limit for each, person, in an amount not less than $500,000 on account of any one occurrence: i 2 000066 s (2) Property Damage Insurance. In an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. (3) Comprehensive Automobile Liabilitv. d< Bodily injury liability coverage of$500,00 for each person in any one accident . and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of$500,00 for each accident. (4) Worker's Compensation Insurance._ In the amounts required by law as set forth in section(a) above. f (c) Proof of insurance: Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier ' will give the City at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract. Tine certificate or policy of liability insurance shall name City as an additional insured with the Contractor. Proof of insurance is to be submitted to the City Clerk. TO THE CITY PURCHASING AGENT: DATE: Lz In compliance with the above invitation for bids, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 30 days of the date of opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered at the point(s) as specified and, unless otherwise specified, for the contract period of one year after awarding of this bid. / Bidder: �� �/Zl C� LJ :F- By: (signature of authorized person) Tit e: C-4 Address: Phone: Leo Y—) Y/O P i/,r—,g IMPORTANT INSTRUCTIONS TO BIDDER Bids must be sealed and addressed to: City of Atascadero City Clerk-Bid No. 96-03 6500 Palma Avenue Atascadero, CA 93422 (one copy of this bid to be retained by bidder) 3 00006'7 - CITY OF ATASCADERO �1 ' "� MAY 8 l99ro Office of Purchasing Agent t� 6500 Palma Ave., Atascadero, CA 93422 i `' OF UA"CADFKO -!TY CLERK'S DFFCE INVITATION AND BID FOR ONE YEAR CONTRACT BID NO. 96-03 Sealed bids, subject to the conditions herein, will be received at the office of the City Clerk until 2:00 p.m., May 08, 1996, and then publicly opened, for furnishing the following services at various locations within the City of Atascadero for the period of one Year. WEED ABATEMENT (� t Bidder-Contractor: csg':..a s 1 Address: —4 c, •�. `� �j b Instructions• Please bid on the following items. The contractor must comply with t} e attached Legal Regulations and Responsibilities. The City reserves the right to reject any or all bids and to waive any irregularity or informality of any bids to the extent permitted.by law. The Fire Chief, or his authorized representative, may exercise the authority to reject any work not considered satisfactory. This bid includes both large parcels (tractor work), small lots (hand work - weed eater) debris removal (hauling), and designated flood control drainage maintenance. The minimum time per job on any parcel or lot will be one-half hour. Please indicate tractor and mower size and type. Recommended equipment for large parcels is two four-wheel drive tractors; for small parcels (hand work) is a 4-man crew; a pick-up is sufficient for most hauling; a flat bed trailer is recommended. Part I: Large Parcel: Tractor with operator $ L/S J per hr $ 2-s-, per';,1/2 hr Part II: Hand Work: Weed Eaters $ Z5 per hr $ Z' per'"l/2 hr Part III: Hauling: Removal of debris from parcels to the landfill $ per hr $ 1 r per 1/22 hr The Contractor, upon being awarded the abatement contract, shall provide evidence of insurance as per City requirement, (see pg. 2-3). He shall provide a camera and all the color film needed so as to take a picture of each lot he cleans before and after work is completed. The photos are to include items to be removed, including weeds, refuse, appliances, or any other abatable material as directed in the contractors work order. Significant landmarks shall also be included within the picture so as to confirm location. Before and after shots shall be taken from the same point and in the same direction so as to include significant and identifiable landmarks. The film shall be 1 000068 developed, organized by pairs of before and after shots, and submitted by attachment to each appropriate Contractor's work order/ billing for abatement work. Each picture shall be identified by parcel number with an easel board or dry erase board in the photo with the appropriate APN indicated. The APN indicated on the board must be clearly visible for payment. As a bidder you are responsible for all costs incurred to generate the photos as proof of work performed. If the contractor cannot prove he did the work, then he is to absorb the cost. Additionally, errors and omissions on the part of the contractor, that are discovered past the date of payment for work performed, will be back charged to the contractor, as approved by the Fire Chief. Safety equipment to \be provided as required by Atascadero City.Fire Department. Each towing and/or crew vehicle shall have installed on board one 2A IOBC fire extinguisher and two round- point shovels. Each tractor shall have installed on board one 2 1/2 gallon water extinguisher and one 2A IOBC fire extinguisher. Contractor must obtain all licensing required to conduct a business in the City of Atascadero and the State of California. Contractor shall be required to sign an agreement with the City of Atascadero. The contract contains a wide variety of provisions including insurance requirements of the bidder. A sample contract is available at the Atascadero City Fire Department, 6005 Lewis Avenue, Atascadero. LEGAL REGULATIONS AND RESPONSIBILITIES TO THE PUBLIC Contractor's Insurance: The Contractor shall not commence work under this contract until he/she has obtained all insurance required, and such insurance shall have been approved by the City as to form, amount, and carrier; nor shall Contractor allow any Subcontractor to commence work in his subcontract until similar insurance required of the Subcontractor shall have been obtained and approved. (a) Worker's Compensation and Other Employee Benefits: City and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to worker's compensation or other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any Contractor or Contractor's employees or agents. (b) Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective and appointed boards, officers, agents, and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any Subcontractor's operations under this contract, whether such operations be by Contractor or by amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to, death, to any one person and subject to the same limit for each person, in an amount not less than $500,000 on account of any one occurrence: 2 000069 (2) Property Damage Insurance In an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. (3) Comprehensive Automobile Liability. Bodily injury liability coverage of $500,00 for each person in any one accident and $1,000,000-for injuries sustained by two or more persons in any one accident. Property damage liability of$500,00 for each accident. (4) Worker's Compensation Insurance In the';.amounts required by law as set forth in section(a) above. (c) Proof of insurance: Contractor shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract. Tine certificate or policy of liability insurance shall name City as an additional insured with the Contractor. Proof of insurance is to be submitted to the City Clerk. --------------------------------------------------------------------------------------------------------------------- TO THE CITY PURCHASING AGENT: DATE: T In compliance with the above invitation for bids, and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 30 days of the date of opening, to furnish any or all of the items upon which prices are quoted, at the price set apposite each item, delivered at the point(s) as specified and, unless otherwise specified, for the Contract period of one Year after awarding of this bid Bidder: n 1 (signature of authorized pers�n) Title: Address: Phone: 3 - Z Z J IMPORTANT INSTRUCTIONS TO BIDDER Bids must be sealed and addressed to: City of Atascadero City Clerk- Bid No. 96-03 6500 Palma Avenue Atascadero, CA 93422 (one copy of this bid to be retained by bidder) 3 000070 vv. . .• �� ... vim.a.r vv... � •..•. ......•..r . �� v 1 H.IL' VL RSPORT TO CITY COUNCIL CITY of ATABCADERO AgONA& Items A - 4 Through: Andy Takata, City !Manager K eting Date: 5-28-96 From: Chief of Police ► BUB.TECT: Multi-agency Traffic Safety/EnforCOMent Grant KWMATX0N: A4opt Resolution Number 39-96 which authorises theiAtascadero Police Department to pard zc to n the Multi:- agency SR 41 and 46 Traffic Safety Corridor Project Task Force. �II�TDs Portions of State Routes (SR) 41 46 in CHPIFO Genual Coastal Divisions have been identified as problem roadways. Through resources provided by this gran project, they "corridor" approach will be applied in an at t to enhance traffic safety in these specific locations. Xn order to cohesively approach traffic safety from a variety o disciplines, federal, state, regional, and local governments as, well as the Private sector will form a task force to develop a "Corridor Safety Action Plan' . In addition to travel and meeting room expenses associated with supporting the task force, project funds Provide for > CHP and allied agency enforcement overtime, seven radar units and fixed-wing aircraft operational costs for sped enforcement, and educational and promotional materials. The project goal is to reduce fatal and injury coll s ons on SR 41 and '46 by 25 percent. SIDCOG and Caltrans, anomg others, are' also involved, as participants in this project. n=scvsBMN ZIMLYSIS: For purposes of clarification the physical Parameters of this traffic safety grant are for u ,, State Route 41 from U.S. 101 to our eastern city limits. Aloig this route, assigned APD-officers will concentrate on traffic stforcenent and safety concerns relating to excessive speed, D.U.I. right-of-way violations violations and other such problems. F=SCAL SxFACT: Special enforcement activities ded cated to this Project will be primarily accomplished on an ovextime basis by assigned officers. The amount allocated to APD bythe grant will be approximately $2,000.00. our participation viLl not exceed the amount authorized. Finally, it is likely that a small amount of revenue will be generated as a result of an increase in court levied tines. Attachments Resolution 39-96 Traffic Safety Project Agreement and DBscription RESOLUTION NO. 39-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'ATASCADERO AUTHORIZING TBE ATASCA AERO POLICE DEPARTNM'Nm TO PARTICIPATE IN A MULTIAGENCY TRAFFIC S.AFIRTXIIRNFORCEMI NT GRANT. VAIEREAS, the California Highway Patrol has received grant funds for the cmdon of multiagency SR 41 and 46 Tcaf fic Safety Corridor Project Task Fora;and WHEREAS, State Routes 41 and 46 from U. S. 101 to their itntersections with Interstate 5 have been identified as the corridor for which a Safety Action Plan is to be developed;and WIEBREAS,the grant allows fonds for Law enforcemett ad WHEREAS,the Task Fom has agreed that increasing law enforr..etteUt is an impartant element in improving traffic safety on the corridor, NOW,THEREFORE BE IT RESOLVED that the City Council of the city of Atascadero hereby authorizes the Atascadew Police Department to participate in the grana and authorizes the to signs the participation agteeineid. On a motion by Countcilperson and seconded by Councilpe sonX.the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOP'I'lD: ATTEST. CITY OF ATASCADERO LEE PRICE,City Clerk GEORGE P.HIGHLAND,Mayor APPROVED AS TO FORS: :=!,KZ-M R.MONTANDON,City At[orney 000072 State of California Business,Transportation&Housing Agency PRQ1E(J NUMBER B ITOfl;ice of Traffic Safety IT s F Traffic Safety Project Agreement F,rE�/RAFFK.LFE(Y PAGE I (To be completed by Applicant Agency) 1. PROJECT TITLE: SR 41 AND 46 TRAFFIC SAFETY CORRIDOR PROJECT 2, NAME OF APPLICANT AGENCY: 4 PROJECT PERIOD CALIFORNIA HIGHWAY PATROL(CIIP) Month-Day-Year 3. AGENCY UNIT TO HANDLE PROJECT: From: 1-15-96 ASSISTANT COMMISSIONER,STAFF To 5-31-97 5. PROJECT DESCRIPTION(Summarize the proposed project plan covering the objectives,method of procedure,evaluation,and end product in approximately 100 words.) Portions of State Routes(SR)41 and 46 in Cl-IP's Central and Coastal Divisions have been identified as problem roadways. Through resources provided by this grant project,the"corridor"approach will be applied in an attempt to enhance traffic safety in tkse specific locations. In order to cohesively approach traffic salcty from a variety of disciplines,federal,state,regional,and local(, vernments as well as the private sector will form a task force to develop a"Corridor Safety Action Plan." In addition to travel and mectinc room expenses associated with supporting the task force, 0sect finds provide for Cl 1P and allied agency enforcement overtime,seven radar units and f fixed wing aircraft operational costs for speed --orccnicrit.and educational and Promotional materials. The project goal is to reduce fatal and injury collisions on SR 41 and 46 by 25 percent. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED S 100,000.00 7. APPROVAL S1GVATURES A. PROJECT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY Name: R.B.NEWQUIST Phonc:657-7255 Name: D.1IELMICh Phone:657-7152 Address: 2555 First Avenue Address: X25 F,iisl Aven Sacramento,CA 95818 S cr nJ�nto,'CA 5818 t%' 't 'qL Signature: Date: Signature: Date: l� g Title: Chief Title: Commissioner C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS Name: L.P.STUDEVAN Phone:657-7965 Name: Accounting Section Address: 2555 First Avenue Address: P.0.Boot 942898 cramento,CA 95818 e�( Sacramento,CA 94298-0001 y Signature: Date:` Title: Commander Budget Section OTS-38`(Rcv 7/94) e 2*(Cifice'of Traffic safety's Use Only) EFFECTIVE DATE OF AGREEMENT 1/i5/96 GRANTEE California HigbuaY Patrol PROJECT N0. PT9616 8. ACTION NO. 1 DATE 2/02/96 10. TYPE OF AGREEMENT X Initial — Revision _ Continuation "WISION N0. DATE TASK FISCAL YEAR _ FUND PSP 9:' 'ION TAKEN 402 96-HD 06 1996 Initial approval. 1996 NSP grant funds of 11. FUNDING DISPOSITION & STATUS $71,618.00 obligated. Fiscal Year Amount 1995-96 $ 71 618.00 1996-97 28 382.00 Obligated This Action $ 71 618.00 Previously Obligated -0 State FY 1995/96 Total Amount Obligated 71 618.00 2700-001-890 (303/95) Amount Suspended 2838200 (Federal Catalog No. 20.600) TOTAL FUNDS PROGRAMMED $ 100,000-00 12. BUDGET SUMMARY (From Schedule B Detailed) - FISCAL YEAR GRANT PERIOD ENDING: 9/30/96 1996 1996 TOTAL COST CATEGORY GRANT PERIOD PRIOR GRANT TOTAL GRANT PROJECT BUDGET ESTIMATE A. Personnel Costs 19,213.00 19,213.00 41,936.00 'ravel Expenses 1,932.00 j 1,932.00 2,904.00 c. Contractual Services 5,333.00 � 5,333.00 8,000.00 D. Nonexpendable Property E. Other Direct Costs 45,140.00 45,140.00 47,160.00 F. Indirect Costs 71 618.00 71,618.00 100,000.00 TOTAL FEDERAL FUNDS , rA . PROJECT APPROVAL & AUTHORIZATION TO EXPEND OBLIGATED FUNDS . APPROVAL RECMIENDED BY B. AGREEMENT & FUNDING AUTHORIZED BY NAME: D. ARNOLD TROTTER ARTHUR L. ANDERSON Office of Traffic Safety 7000 Franklin Blvd., Suite 440 Sacramento, CA 95823 SIGNATURE` SIGNATURE T-TLE Program Coordinator TITLFVi--L Director OTS-38a (Rev 9/91) 0000,174 SCHEDULE A PROJECT NO. 17 9 6 Q�. v PROJECT DESCRIPTION Page 1 , BACKGROUND { I A. General Characteristics The California Highway Patrol (CHP) is an operating department within the'Business, i Transportation; and Housing Agency. Its authority and responsibilities are established in the California Vehicle Code. The overall purpose of the Department, as a principal criminal justice agency, is to ensure safety, security, and service to the public. This is accomplished through: • Accident Prevention. To minimize the loss of life, personal injury, and property damage resulting from traffic accidents. > 1 • Emeraencv Incident/Traffic Mana e� ment. Minimizing exposure of the public to unsafe conditions resulting from emergency Incidents, impediments, and congestion. f • Assistance. To assist other public agencies. • Service. To maximize service to the public in need of aid or information. { i Stated briefly, the CHP has responsibility for providing 24-hour-a-day services every day of the year for over 32.1 million residents of the State of California and some 22.2 j million vehicles. E { f i B. Streets and Highways 1 The Department is responsible for approximately 97,579 miles of highway. Of this, 14,144 miles are state highways and 83,435 miles are county roads. In 1994, approximately 195.8 billion miles were driven on CHP patrolled highways. There 1 were 2,178 fatal, 67,898 injury, and 111,316 property damage collisions in the CHP's jurisdiction. As a result, 2,514 persons were killed, and 109,811 were injured. C. Operating Department The California Highway Patrol will be the Department directly responsible for the t administration of the project. OTS 38-b (Rev 9/91) 11 SCHEDULE A PROJECT NO.IST 9 6 Q g Page 2 PROJECT DESCRIPTION , I D. Existing System Road patrol officers are deployed on major highway systems within the Department's I jurisdiction according to past traffic collision experience and future projections. Emphasis is generally placed on the enforcement of collision-causing violations. ; 1 . i STATEMENT OF THE PROBLEM 1 In 1994, 480,093 traffic collisions were reported on public roadways in California. Of } these collisions, 3,772 resulted to fatalities, 203,223 resulted in injuries, and 273,098 i s resulted in property damage only. A traffic collision was reported every one minute i and six seconds; one person was killed every two hours and five minutes. Major ffactors causing or contributing to traffic collisions were speed, driving under the influence (DUI), right-of-way violations, improper turning, weather conditions, and ; traffic congestion. There is a higher incidence of traffic collisions on some stretches of roadway, or "corridors," than on others. While several different public safety agencies may have an interest or obligation to ensure safety on these corridors, each'agency tends to work ' f responsibility on what it perceives as the problem. In independently within its area o order to cohesively approach traffic safety from a variety of disciplines; state, regional, and local governments and the private sector need to form working groups to address , and improve traffic safety This can be accomplished by identifying, discussing, recommending, and implementing both short- and long-term solutions. i f State Routes 41 and 46 form such a corridor. The two routes form an elongated "X" j that connects U. S. 101 and Interstate 5 at Atascadero and Kettleman City and Paso i Robles and Lost Hills, respectively. These roadways provide two of the most direct ; east/west connections between U. S. 101 and Interstate 5 in the Central Valley, and have increasingly become the major east-west thoroughfares between the Central Valley and California's central coast. In the area, U. S. 101 and Interstate 5 are multi-lane freeways, whereas State Routes 41 and 46 are two-lane rural highways, separated by double yellow lines, with occasional passing lanes. ! Typically, commuters in smaller passenger vehicles; vacationers in larger passenger vehicles; recreationists towing boats, jet skis and driving recreational vehicles; and drivers in commercial vehicles use the corridor. Traffic volumes and the mixture of vehicles on the roadway are greatest on Fridays (traffic entering and leaving the area OTS 38-b (Rev 9/91) 000076 SCHEDULE A PROJECT NO.q"6 6 0 6 Pam ae 3 PROJECT DESCRIPTION ff i a for the weekend) and Sundays (return traffic). The mixture of vehicles and diverse driving patterns, and transitions between roadway environments cause a high number of potential collisions between the vehicles using the highway. All too often, the potential becomes actuality, as illustrated in the following statistics:' Between January 1, 1992, and December 20, 1995, there were eight fatal collisions on the specified rural section of State Route 41, in which 12 people died. t During the same period of time bn the same route, there were 125 injury collisions, and 289 people were injured. Between January 1, 1992, and December 20, 1995, there were 20 fatal collisions on • the specified rural section of State Route 46, which resulted in 31 fatalities. During the same time period on the same route, there were 145'' injury collisions and 277 people were injured. A"1'TEMPTS 1'O SOLVE THE PROBLEM During 1995, shared enforcement efforts were staged four times on State Route 46. Officers from the California Highway Patrol (CHP) Templeton and King City Areas cooperated to establish four-officer speed teams to enforce the speed limit (55 MPH). The Templeton office conducted one DUI checkpoint; and intermittently used the fixed- wing aircraft for speed enforcement. 1 3 Most recently, State Route 46 east of U. S. 101 in Coastal Division has been ; designated a Speed Compliance and Occupant Restraint Enforcement (SCORE III) route. This designation allows SCORE III resources, which are provided by Federal i i Grant PT 9529, to be expended on the route. SCORE resources have been allocated i for use between January 1, 1996, and September 30, 1996. In addition, as of January 2, 1996, the Department will increase by two the number of CHP officer positions in the Templeton Area. However, a Corridor Safety Program task force would allow for a multidisciplinary i approach to identify and implement short- and long-term solutions to traffic safety issues. In addition, a public education campaign has the potential to influence the behavior of many of the drivers who use State Routes 41 and 46,'j as well as other rural �i state and county roads throughout the Central Valley. OTS 38-b (Rev 9/91) 0000717 SCHEDULE A PROJECT NOPT 9 6 0 6 T PROJECT DESCRIPTION Page 4 PERFORMANCE MEASURES Project t Goal + To reduce fatal and injury collisions on the State Route 41/46 corridor by 25 percent from the previous 12 months (2-1-95 through 1-31-96). The reduction will be measured during the activity phase of the project (2-1-96 through 1-31-97). ; Project Objectives 1. To convene a task force, which shall meet at least quarterly. 1 2. To identify through the task force at least four factors, including conditions and behaviors, contributing to the traffic safety problems on the corridor. All factors shall have corresponding potential short- and/or long-term solutions. j 3. To develop and publish a Safety Action Plan addressing the traffic safety issues -' specific to the corridor. 4. To implement at least two of the identified potential solutions within 12 months 13 after the task force is convened. } METHOD OF PROCEDURE ; 1 Preparation Phase — 1-15-96 to 1-31-96 s Using the most recent data available, compile necessary statistics to evaluate collisions j II 1 on the corridor. Identify task force members. Task force membership may consist of representatives + from federal, state, regional, local, and private entities. Task force membership could i consist of, but is not limited to, representatives from the CHP, the Office of Traffic ( Safety (OTS), the California Department of Transportation, Emergency Medical Services, Alcoholic Beverage Control, regional transportation planning agencies, planning commissions, local law enforcement agencies, chambers of commerce, congestion management associations, school districts, and building associations. OTS 38-b (Rev 9/91) OUOU'78 SCHEDULE A PROJECT NO. PT96p6 PROJECT DESCRIPTION Page 5 I The task force will be encouraged to continue on a permanent basis after grant funding expires. Agencies within the task force may seek additional funding for specific projects to improve safety on the corridor. Activity Phase — 2-1-96 to 1-31-97 The task force will meet at least quarterly. The task force will identify at least four factors, including conditions and behaviors, that can be changed to improve the roadway environment and the operation of the corridor, thus reducing traffic collisions. The task force will develop a Safety Action Plan, which will be published with the final report. At a minimum, the Safety Action i Plan will include the following elements: i Safety issues (concerns, problems, etc.) i 2. Safety solutions (short- and long-term) ;. Issues to be studied 4. Assignment of responsibility 5. Identification of funding sources 6. Implementation schedule 3 The task force will implement at least two solutions identified in its plan within 12 months after it convenes. The CHP project coordinator will prepare quarterly evaluation reports for submission to OTS. Goal progress will be reported quarterly. Progress for the quarter as well as year-to-date figures are to be included. Reporting for the quarter ending September 30th, shall include progress for the federal fiscal year, October ls[through September 30th. Program Evaluation Phase — 2-1-97 to 5-31-97 coordinator will prepare the corridor safety project final report. The final i The protect coor p p report will include the Safety Action Plan, task force evaluation, accident statistical data, and a discussion of the attainment of project objectives. r OTS 38-b (Rev 9/91) 000(Y79 SCHEDULE A PT960 (; PROJECT NO. PROJECT DESCRIPTION Page 6 i All Phases Project Supported Travel - 1-15-96 to 5-31-97 . i During the preparation phase, the project coordinator and other staff will be required to i travel to the vicinity of the corridor for planning sessions. During the activity phase, 1 the project coordinator and task force members will be required to travel to.and from task force meetings. An assessment meeting may be required during the evaluation I phase of the project. � t METHOD OF EVALUATION 1 i The project coordinator will evaluate the project by addressing the following questions: t i 1. Was there a 25 percent reduction in the number of fatal and injury collisions i occurring on the corridor? 2. Was a task force convened? Did the task force meet at least quarterly? i 0 Were at least four tactors, including conditions and behaviors, contributing to the traffic safety problems on the corridor identified'? Were potential short- ; and/or long-term solutions identified? i 4. Was a Safety Action Plan developed and published? z 5. Were at least two of the identified potential solutions implemented within 12 i i months after the task force was convened? Is f i STATEMENT OF INTENT It is the intent of the CHP to continue to work within and encourage participation in coalitions of entities with responsibilities for or an interest in traffic safety. Should this project continue ' to prove successful, it is the intent of this Department to seek funding to convene task forces to address traffic safety on other identified corridors. i OTS 38-b (Rev 9/91) 000080 SCHEDULE A-1 PROJECT NO. IT 9 — G.0 6 Page I i ADMINISTRATIVE SUPPORT STATEMENT - Explain what type of priority this project has in your jurisdiction. 1 i This project is considered b the Department to be of high priority and has the full support of management. t ; i l l i 1 ; 3 i f f 3 i 1 f i AGENCY CONTRIBUTION - Explain what services or funds are being i contributed by your agency in support of this project. 1 s The Department will provide all services necessary for coordination, i administration, and evaluation of this project. The contribution will include, but not necessarily be limited to: 1 •FY-1 FY-2. Indirect costs on project-funded CHP overtime 4 (salary and benefits) @ 19.98% $3,839 $4,540 { i i Pilot and Flight Officer regular time salary, i $5,830 $2,915 benefits, and indirect costs CHP patrol vehicle mileage @ $.43/mile 2 2 $2,795 1 j $11,905 $10,250 7 I Total fiscal years (FY) 1 and 2 $22,155 OTS 38-c (Rev 9/91) 000081 SCHEDULE B DETAILED BUDS aSeMMA�TE PROJECT NO/. FISCAL YEAR ESTIMATES TOTAL COST TO COST CATEGORY PROJECT A. PERSONNEL COSTS FY-1 FY-2 2-1-96 TO 9-30-96 10-1-96 TO 5 31 97 CHP Officer Ovcftime (940) hours 14,563 14,563 418 hrs. 0$34.84 18,186 18,186 522 hrs. @$34.84 1,051 1,313 2,364 Benefits @ 7.2207c Sergeant Overtime (94)hours 1,780 1,780 42 hours @$42.38 2,204 2.204 52 hours 0$42.38 129 159 288 Benefits @ 7.220% Nonuniformed Overtime (80) hours 1,521 1,521 53 hours r@ 528.69 775 775 27 hours 0 S28-69 169 86 255 Benefits @ 11.0899c Total Personnel Costs 19,213 22,723 41,936 B. TRAVEL EXPENSE1,932 972 2,904 In-state Total Travel Expense 1,932 972 2,904 C. CONTRACTUAL SERVICES 5,333 2.667 8,000 Allied Agency Overtime 5,333 2,667 8,000 Total Contractual Services D. NON-EXPENDABLE PROPERTY -0- -0- -0- -0 Total Non-Expendable Property -0- -0- E. OTHER DIRECT COSTS Operational Costs for Fixed Wing Aircraft; 3,840 3,840 8 8-hour shifts @ S60/hr. 1,920 1,920 4 8-hour shifts @ S60/hr- Task Force Meeting Room Rental 300 100 400 Educational/Publicity Materials 20,000 20,000 21,000 21,000 7 Radar Units @ S3,000 each 45,140 2,020 47,160 Total Other Direct Costs F. INDIRECT COSTS -0_ -0- Total Indirect Costs -0 $100,000 $71,618 TOTAL BUDGET ESTIMATE FOR $28,382 ALL CATEGORIES OTS-38d (Rev 9/91) 000082 SCHEDULE B-1 _ BUDGET NARRATIVE PROJECT Page 11 i l The California Highway Patrol (CHP) requires $100,000 to implement and complete the "SR 41 and 46 Traffic Safety Corridor Project." 1 Personnel Costs ($41,936) The task force will be allocated 940 hours of CHP officer overtime, and 94 hours of sergeant overtime. A total of 80 hours of nonuniformed (clerical and/or dispatch) has been allocated. The overtime will be used to counteract improper turns, driving at unsafe speeds, right-of-way violations, and other rules-of-the-road violations that have been identified as the primary collision factors on the corridor. A portion of the project-funded overtime may be set aside ! for court appearances resulting from enforcement action taken during project operations. s Should it become evident that the court overtime reserve will not be needed, the reserved ` hours will revert to enforcement. Overtime benefit rates for uniformed and nonuniformed personnel are itemized as follows: Uniformed Nonuniformed 7.220% State Compensation 3.439% State Compensation s (industrial disability insurance) (industrial disability insurance) 7.650% OASDI (social security) 7.220% 11.089% Travel Expenses ($2,904) In-state travel includes expenses associated with establishing the task force and attendance at task force meetings. Contractual Services ($8,000) Funding in this category provides for contracting with the Atascadero and Paso Robles Police Departments for support to address issues affecting traffic safety within the corridor. - i Other Direct Costs ($47,160) 1 Operational costs for a fixed-wing aircraft are included. The aircraft will be used to assist with speed enforcement on the corridor. Costs associated with meeting room rental for the OTS-38f(Rev 9/91) 000083 SCHEDULE B-1 BUDGET NARRATIVE PROJECT NO. 9 6 Q Paoc 2 task force are included. The task force will be allocated $20,000 for a public education f campaign, press information kits, and a task force participation award. ; vides for replacement of seven radar units taken from other CHP Areas and Funding also provides installed in vehicles in the Templeton Area. This procedure allows for the timely installation j Z of radar units to augment speed enforcement on the corridor without permanently removing the units from other deserving Areas. i Program Income There will be no program income generated as a result of this project. i i i s 3 OTS-38f(Rev 9/91) 0000811 REPORT TO CITY COUNCIL CITY OF ATASCADERO Item No B 2- B-1 Through: Andy Takata, City Manager .Meeting Date: 5-{4-4Ag-6- 5/28/96 From: Steven L. DeCamp, City Planner SUBJECT: Appeal of the Planning Commission determination that "Auto Repair and Service" is not an allowed use in the "Downtown Commercial" zone. Said determination was made on appeal from the staff denial of a business license application to operate an auto body repair and painting business at 5680 El Camino Rea RECOMMENDATION The Planning Commission recommends that the City Council deny the appeal. BACKGROUND: On April 2, 1996 the Planning Commission heard an appeal of the staff denial of a business license application. The business license application would have ultimately allowed Nunes Auto Body to occupy the building which most recently housed Imerican Classics. The business license denial was based on the staff determination that "Auto Repair and Service" is no an allowed use in the "Downtown Commercial zoning district. At the conclusion of their hearing, the Planning Commission unanimously denied the appeal. ANALYSIS• The staff report to the Planning Commission is attached as Exhibit A. This report contains the factual basis for the denial of the business license application and a discussion of issues related to the existing pole-mounted freeway sign. The minutes of the April 2, 1996 Planning Commission hearing are attached as Exhibit B. The appellant' s letter of appeal to the City Council (Exhibit C) raises one additional issue which was not addressed by the Planning Commission. In his letter, the appellant questions the legal status of Aamco Transmission' s prior use of the building for auto repair (see item 16, page 5) Staff nese rch revealed that at no time did Aamco Transmission have a business license to operate in Atascadero. In addition, although a Co ditional use permit was required for such a use, the required c nditional use permit was not obtained during Aamco Transmission' time of Staff Report American Classics Appeal May 14, 1996 - Page 2 operation. Therefore, this was never a legally established use. ATTACHMENTS: Exhibit A - Staff Report to Planning Commission: 4/2/96 Exhibit B Planning Commission Minute Excerpt: 4/2/96 Exhibit C - Letter of Appeal to City Council: 4/12/96 Exhibit D - Michael LeSage Letter with Attachment: 4/16/96 000086 Exhibit A MEMORANDUM TO: Planning Commission FROM: Steven L DeCamp, City Planner DATE: April 2. 1996 RE: Appeal of Land Use Determination: Business License Amendment Application 5680 El Camino RealAm ri ( e can Classics Sub'ec Appeal of the staff determination that"Auto Repair and Service" is not an allowed use in the "Downtown Commercial" zone. Recommendation: Staff recommends that the Commission deny the appeal. Background• On February 29, 1996 the owners of American Classics, Priscilla Berger and Kenneth Craig,filed an application to amend the business license for American Classics to include auto body repair and painting. The application for amendment of the business license was denied an March 12, 1996 because "Auto Repair and Service" is neither an allowed nor conditionally allowed use in the "Downtown Commercial" zone. Staffs determination was appealed by the applicants on March IS, 1996 (see Exhibit A). Analysis: Historical Perspective American Classics was first licensed to conduct business in Atascadero in April of 1989 (see Exhibit B). At that time, their property at 5680 EI Camino Real was zoned "CR (Commercial Retail)" in conformance with its General Plan designation of"Retail Commercial" as shown on the Land Use Map. "Auto. Mobilhome and Vehicle Dealers and Supplies" is listed as an allowed use in the CR zoning district 00008'7 Planning Commission Memorandum American Classics Appeal April 2, 1996 In December of 1990, the City Council adopted the "Atascadero Downtown Master Plan"as an element of the City's General Plan. The "Downtown Element" designates the property at, and surrounding,American Classics as"Downtown Commercial" on the Land Use Plan (Diagram 7, page 23). Desired uses within this area are Specialty Retail, Restaurants, Personal Services, Service Commercial, Professional Offices, Medical Offices, and financial Institutions (Table 22, page 24). In its description of the Downtown Commercial designation, the Plan specifically states that "Residential units and auto repair businesses would not be permitted in this district" (page 25). Policy guidance for the development of appropriate zoning districts and a suitable mix of allowed land use types is provided in Chapter Two of the Element. Relevant policies include: General 1. To enhance downtown's role as a retail and business center for the city. 2. To reinforce downtown's role as a community focal point- 3. oint3. To enhance the image of downtown Atascadero as a source of community pride. Land Use 1. To enhance downtown's economic vitality by encouraging a mix of uses which are mutually supportive. 2. To enhance downtown as a major sales tax generator. 4. To broaden the mix of uses to include tourist serving specialty retail 7. To encourage the relocation of uses which are not supportive of downtown revitalization. (pages 7&8) After the adoption of the Atascadero Downtown Master Plan, the Zoning Ordinance was amended in January of 1991 to insure conformance with the revised General Plan. The CR zoning district which had previously applied to the American Classics site was changed to DC (Downtown Commercial). The purpose of this zone, as stated in the Ordinance is as follows: This zone is established to encourage a wide variety of retail, office, restaurant personal service, and other commercial activities. The list of allowed and conditionally allowed uses in the DC zone is included as Exhibit D. 000088 Planning commission Memorandtm 3 American Classics Appeal April 2, 1996 As a result of the adoption of the Atascadero Downtown Master Plan, and the subsequent Zoning Ordinance amendments implementing that plan,American Classics became a "legally established nonconforming use" because auto dealers are no longer listed as an allowed use. The Zoning Ordinance defines a nonconforming use as "[a] use of land established in a location where such use is not identified as allowable by this Title" (AMC Sec 9-7.102(b)). Section 9- 7.103. further provides that: A nonconforming use established prior to the effective date o f the Title, or prior to any subsequent amendment which creates such nonconformity, may be continued and maintained, except as otherwise provided by the Chapter. Continuation of a nonconforming use may include a change of ownership, tenancy or management where building structure(including sign). land use or activity is substantially unchanged Current Situation American Classics is currently licensed to do business under the land use category of"Auto, Mobilhome and Vehicle Dealers and Supplies." The Ordinance defines this use as: Retail trade establishments selling new and used automobiles, boats, mobilhomes, recreational vehicles (including camper shells), recreational and utility trailers, motorized farm equipment, motorcycles and mopeds. also includes establishments selling parrs and accessories for the above. Includes automobile repair shops only when maintained by establishments engaged in the sale of new vehicles on the same site. Does not include "Service Stations"which are separately defined. The business owners have requested that their business license be modified to allow the addition of auto body repair and painting to the currently permitted use (see Exhibit Q. The applicant, and the potential purchaser of the property, have indicated that if approved, Nunes Auto Body will occupy the site and operate an auto body repair shop. American Classics, and'==.the exclusive sale of classic and antique automobiles as a principal use,will cease. The Zoning Ordinance defines auto repair service uses as follows: Service establishments primarily engaged in the repair, alteration, painting washing or waxing of automobiles. May also include rental of cars, trucks or trailers;leasing of can and trucks. Does not include repair shops which are subordinate to an maintained by a vehicle dealership. Planning staff determined that"Auto Repair and Services" is not an allowed or conditionally allowed use within the DC (Downtown Commercial) zoning district Not only is the proposed use not listed in the Zoning Ordinance, such a use clearly violates the policy language contained in the Atascadero Downtown Master Plan as discussed in the preceding section;,of this memorandum. This determination is consistent with the previous determination made by the Community Development Director in May of 1994 when asked a similar question regarding future use of this site (see Exhibit E). 000089 Planning Commission Memorandum 4 American Classics Appeal April 2, 1996 The applicant argues in their letter of appeal that the Planning Commission should "...deem auto repair as a similar nonconforming use to the use established by American Classics." Zoning Ordinance Sec. 9-7.112 allows for the replacement of a nonconforming use with another nonconforming use where "... such substitution shall occur only when the new use is determined to be similar to the prior nonconforming use ..." Ample evidence is contained in the definitions quoted above that these two uses are not similar. Auto dealers are retail establishments selling new and used vehicles. Auto repair establishments are primarily engaged in the repair and alteration of automobiles. Indeed, the definition of automobile dealers, and thus American Classics, are specifically precluded from undertaking automobile repair unless they are "... engaged in the sale of new vehicles ..." Setting the Ordinance's definitions aside and reviewing "use characteristics" also reinforces the dissimilarities between auto sales and auto repair. Although neither are currently allowed in this City's downtown zoning districts, auto dealers tend to be less intrusive and disruptive of their surroundings than auto repair shops. Most cities, including Atascadero, encourage auto repair shops to locate in industrial zones where neighbors are less sensitive to the noise and odors which are a natural part and consequence of auto body repair operations. Downtown retail uses in general, and pedestrian oriented areas in particular, are very susceptible to the intrusion and disruptions attendant with heavy auto repair activities. As indicated above, the policies of the Atascadero Downtown Master Plan tend to be more sympathetic to the needs of pedestrian oriented retail type uses. The Sign Issue The applicant's letter of appeal suggests that the Planning Commission's previous approval of a Conditional Use Permit(CUP) for a pole-mounted freeway sign is relevant to the current issue of allowed land uses on the site. The CUP for the freeway oriented sign.was approved by the Planning Commission in August of 1986 for the use of AAMCO Transmission Service on the property currently occupied by American Classics. It needs to be clarified here that the approval granted by the Planning Commission was for the establishment of the sign only, and was not approval for the use of the property for auto repair. Indeed, there is no record to indicate that the AAMCO Transmission business was ever properly licensed or otherwise permitted by the City. At the time of its approval, pole-mounted freeway oriented signs could only be approved through the conditional use permit process. Upon subsequent occupancy of the site by American Classics, the City Attorney determined that the City's approval of the sign "ran with the land" and not with the "use" in accordance with the court findings in Anza Parking Coro. v. City of Burlingame (1987) 195 Cal. App. 3d 855, 241 Cal. Rptr. 175 (see Exhibit E). In keeping with this decision, any use which is subsequently approved for this site will have the legal right to utilize the pole mounted sign. 000030 Planninq commission Memorandum 3 American Classics Appeal April 2, 1996 As a result of the adoption of the Atascadero Downtown Master Pian, and the subsequent Zoning Ordinance amendments implementing that plan,American Classics became a ,'legally established nonconforming use" because auto dealers are no longer listed as an allowed use. The Zoning Ordinance defines a nonconforming use as "(a] use of land established in a location where such use is not identified as allowable by this Title" (AMC Sec 9-7.102(b)). Section 9- 7.103. further provides that: R nonconforming use established prior to the effective date of the Tide, or prior to any subsequent amendment which creates such nonconformity, may be continued and maintained, except as otherwise provided by the Chapter. Continuation of a nonconforming use may include a change of ownership, tenancy or management where building,structure (including sigh). land use or activity is substantial y unchanged. Current Situation American Classics is currently licensed to do business under the land use category of"Auto, Mobilhome and Vehicle Dealers and Supplies." The Ordinance defines this use as: retail trade establishments selling new and used automobiles, boats, mobilhomes, recreational vehicles (including camper shells), recreational and utility trailers,motorized farm equipment, motorcycles and mopeds. Also includes establishments selling parts and accessories for the above. Includes automobile repair shops only when maintained by establishments engaged in the sale of new vehicles on the some site. Does not include "Service Stations"which are separately defined. The business owners have requested that their business license be modified to allow the addition of auto body repair and painting to the currently permitted use (see Exhibit Q. The applicant, and the potential purchaser of the property, have indicated that if approved, Nunes Auto Body will occupy the site and operate an auto body repair shop. American Classics, and the exclusive sale of classic and antique automobiles as a principal use, will cease. The Zoning Ordinance defines auto repair service uses as follows: Service establishments primarily engaged in the repair, alteration, painting 'washing or waxing of automobiles. May also include rental of cars, trucks or trailers;leasing of cars and trucks. Does not include repair shops which are subordinate to an maintained by a vehicle dealership. Planning staff determined that"Auto Repair and Services" is not an allowed or conditionally allowed use within the DC (Downtown Commercial) zoning district Not only is the proposed use not listed in the Zoning Ordinance, such a use clearly violates the policy language contained in the Atascadero Downtown Master Plan as discussed in the preceding section of this memorandum. This determination is consistent with the previous determination made by the Community Development Director in May of 1994 when asked a similar question regarding future use of this site (see Exhibit E). 000089 Planning Commiaaioa Memorandum 4 American Claasics Appeal April 2, 1996 The applicant argues in their letter of appeal that the Planning Commission should "...deem auto repair as a similar nonconforming use to the use established by American Classics." Zoning Ordinance Sec. 9-7.112 allows for the replacement of a nonconforming use with another nonconforming use where "... such substitution shall occur only when the new use is determined to be similar to the prior nonconforming use ..." Ample evidence is contained in the definitions quoted above that these two uses are not similar. Auto dealers are retain establishments selling new and used vehicles. Auto repair establishments are primarily engaged in the repair and alteration of automobiles. Indeed, the definition of automobile dealers, and thus American Classics, are specifically precluded from undertaking automobile repair unless they are "... engaged in the sale of new vehicles ..." Setting the Ordinance's definitions aside and reviewing "use characteristics" also reinforces the dissimilarities between auto sales and auto repair. Although neither are currently allowed in this City's downtown zoning districts, auto dealers tend to be less intrusive and disruptive of their surroundings than auto repair shops. Most cities, including Atascadero, encourage auto repair shops to locate in industrial zones where neighbors are less sensitive to the noise and odors which are a natural part and consequence of auto body repair operations. Downtown retail uses in general,and pedestrian oriented areas in particular, are very susceptible to the intrusion and disruptions attendant with heavy auto repair activities. As indicated above, the policies of the Atascadero Downtown Master Plan tend to be more sympathetic to the needs of pedestrian oriented retail type uses. The Sign Issue The applicant's letter of appeal suggests that the Planning Commission's previous approval of a Conditional Use Permit(CUP) for a pole-mounted freeway sign is relevant to the current issue of allowed land uses on the site. The CUP for the freeway oriented sign was approved by the Planning Commission in August of 1986 for the use of AAMCO Transmission Service on the property currently occupied by American Classics. It needs to be clarified here that the approval granted by the Planning Commission was for the establishment of the sign only, and was not approval for the use of the property for auto repair. Indeed, there is no record to indicate that the AAMCO Transmission business was ever properly licensed or otherwise permitted by the City. At the time of its approval, pole-mounted freeway oriented signs could only be approved through the conditional use permit process. Upon subsequent occupancy of the site by American Classics, the City Attorney determined that the City's approval of the sign "ran with the land" and not with the "use" in accordance with the court findings in Anza Parking_CoM. v. City of Burlingame (1987) 195 Cal. App. 3d 855, 241 Cal. Rptr. 175 (see Exhibit F). In keeping with this decision, any use which is subsequently approved for this site will have the legal right to utilize the pole mounted sign. 0'00090 i Planning Commission Memorandum S American Classics Appeal April 2, 1996 At the conclusion of their letter of appeal, the appellant further suggests that the City might allow Nunes Auto Body to advertise their services on the existing sign, but not allow them to conduct their business at the subject site. This argument is specious and misleading. permitted land use activities dictate the location of allowed signs, not the reverse. The appellant's argument appears to neglect the requirement that signs be located on the site where the advertised activity is housed. Although any permitted land use at the American Classics site will be allowed to utilize the freeway sign, the fact that the sign was once used for an auto repair business does not foreordain that future auto repair, or other nonconforming businesses must be approved at the same site. The only reference in the City Attorney's opinion relative to the AAMCO business and to future use of the sign is to indicate that future users of the sign must limit its size, location, and lighting to be no greater than that enjoyed by AAMCO Transmission when they occupied the site. Conclusions: "Auto Repair and Services" are not desirable uses in the City's downtown area. The Atascadero Downtown Master Plan provides ample reasons and policy direction to relocate such existing uses and reject requests for new auto repair uses within the downtown. Although auto repair services are necessary to meet the needs of today's commuters and other automobile owners, such uses need not be located in the heart of the City's downtown. The City's General Plan and Zoning Ordinance provide more than adequate opportunities for the location of auto repair services in industrial and commercial service zoning districts. These zones are established to house those uses which tend to produce noise and odors which are detrimental to pedestrian oriented retail and service trades. There is no vested or other legal right attendant to the current nonconforming use of the property which allows or requires substitution of another dissimilar nonconforming q use. This is especially true for those nonconforminguses which will rove to be deleterious to ous to the:stated oats of P the A g tascadero Downtown Master Plan or the well being of the uses currently located or allowed in the downtown area. Exhibits: Exhibit A - Letter of'Appeal Exhibit B - Business License Application: 1989 Exhibit C - Business License Application: 1996 Exhibit D - Downtown Commercial Land Uses Exhibit E - Community Development Director's Letter Exhibit F - City Attorney's Opinion cc: Bruce J. Berger Priscilla Berger Kenneth Craig Michael LeSage 00"00'91 Exhibit A STAMMER, McKNIGHT. BARNUM & BAILEY JAMES N. HAYS ATTORNEYS AT LAW MAILING ADORES S: . CAR EYH. JOHNSON 2540 WEST SHAW LANE JAN M. BIGGS P. O.BOX 9789 FRANK U. MAUL SUITE 110 CRAIG M. MORTENSEN FRESNO.CA 93794.9789 MICHAEL P. MALLERY FRESNO,CALIFORNIA 93711-2765 JERRY O•JONES TELEPHONE(209)449-0571 M. BRUCE SMITH THOMAS J. GEORGOUSES FAX(209)432-2619 STEVEN R. STOKER M.JACOUELINE YATES �— BRUCE J. BERGER CELENI- M.E.BOGGS W.H.STAMM ER.1691.1969 GALEN M9KNIGHT.,904.1991 JAMES K.BARNUM.1916.1967 OEAN A.BAILEY.1924-lees March 13, 1996 SENT VIA FACSIMILE TO: (805) 461-7615--Oricrinal to Follow I D Douglas G. Davidson, Senior Planner ' Community Development Department j 51996 c � CITY OF ATASCADERO 6500 Palma Avenue C(TYGF;,TA1-nni- RO Atascadero, CA 93422 4 CITY CLc?K'S OFFICE Re : American Classics, 5680 E1 Camino Real Notice of Appeal (Denial of Application to Amend Business License) Dear Mr. Davidson: This law firm and attorney Michael LeSage represent American Classics, a California general partnership, Kenneth Craig, and Priscilla V. Berger. In that connection, and based on our previous discussions and correspondence, and your complete file regarding this matter, we hereby appeal the Department' s decision, as you explained in our telephone conference of March 12, 1996, to deny the application of American Classics to amend its business license to include auto body and painting as permitted primary uses of the premises at 5680 E1 Camino Real in Atascadero. In compliance with your filing fee requirement, enclosed herewith is a check for two-hundred dollars ($200 . 00) . We appeal on the ground that the use of auto repair established by the AAMCO Transmission shop remains in effect as a permitted use. First, there has never been an abandonment of such use . Second, the City, having already referred to the AAMCO use in defining the permitted use of the sign on the premises, is estopped from excluding the AAMCO use in defining the permitted nonconforming use of the property as a whole. Moreover, pursuant to Section 9-7. 112 of the Atascadero City Ordinance, we hereby petition the City Planning Commission to take appropriate action to deem auto repair as a similar nonconforming use to the use established by American Classics . RECENEU MAR 1 5 103g; 00 0 9 Douglas G. Davidson, Senior Planner March 13 , 1996 Page 2 Please arrange to have this matter heard before the Planning Commission as soon as possible. Time is of the essence as there is acompany from San Luis Obispo (Nunes Auto Body) that wishes to purchase the premises and open an auto body and painting shop. Nunes Auto Body is a clean shop and has received commendations from the Environmental Protection Agency for being a leader in the use of water base paints . We understand the City concedes that Nunes would be allowed to use the sign to advertise its business; it only makes sense that Nunes be permitted to do the business advertised. Thank you for your courtesy and cooperation. Very truly yours, STAMMER/' ;cr(GIJT, BARNUM & BAILEY By B uce B ger BJB/mao CC : Mrs . Priscilla V. Berger Mr. Kenneth Craig Michael LeSage, Esq. • STAMMER.MCKNIGHT BARNUM Q BAILEY SUITE 110 2540 WEST SHAW LANE f�/�(�(� P.O.60A 9769 000093 FRESNO.CA 93794.9789 QUESTIONS??? CALL VIVIAN AT 400-8000 Exhibit B BUSINESS LICENSE APPLICA i IO Date- APPLICANT- � _ ;.. ( ) HOME OCCUPATION Q Co `,� �'�� ( ) OUT OF TOWN ADDRESS: ( ) CONTRACTOR --- ( ) Individual PQ Partnership MAILING ADDRESS.:_„ � / �O 3 �3 �3. ( ) Corporation ( ) Change of Addrf PHONE: ( ) Change of Owne: / FEDERAL I.D. NO: 77- 02/ - 37-36 IF INDIVIDUAL: ,�'� - 01,�- ` (Partnership Tax No.) Social Security Number CORPORATION NO: STATE LICENSE NO: Drivers License No. State RESALE PERMIT NO: S R � BUSINESS NAME (dba) 7 BUSINESS ADDRESS: BUSINESS PHONE• Responsible Officer BUSINESS MAILINr ADDRESS: �G� apo 3 c/z 3 Title NATURE OF BUSINESS: G .?J PERSONS HAVING INTEREST AND/OR GENERAL PARTNERS• — s3" LLOYEES* t} CAS PP*NO. =_77rIt" ',.; FULL TIME °. PART TIME O OWNER OF PREMISES: _ ADDRESS : *APARTMENTS/MOBILE PARRS VEND-111G N,ACHINES ENS RED ON GMh NO. of UNITS : BONI �n I hereby declare that the foregoing info ation is, to the best of my knowledge, - true and corre t. /s/ DATE: - **Accuracy and completeness expedite th rocessing of '7/27 your application. 0000311 !` . .-<;P �117%t-vU���Lv I U UVJ�I\CJJ �.��-...w.. .,c-f- A-H 1 iUt Exhibit CC EXis�i c.� 64 ,t/PSs" '/ ,�%sE ( ) MZARDCVS W— RCCM 201 < ) FIRE RZPB=1CU 6500 P ALMA AVENUE ( ) hEA n1SpS=1CX1T ATASCAD ERO CA 9 3 4 2 2 ( ) BUIMIW. nzSPq=jC V ( ` ) P.D. BACKGF0JND CaE= IR QQ ( ) C M ERC IA.L SITE PLICANT : t-�tc��,��A HOME OCCUPATION IF PARTNERSHIP, BOTH FILL CUT /O ,l ,, 5/f ( ) OUT OF TOWN f ( ' ) CONTRACTOR HOME ADD"RES16 �A/ - .Qr�a y��. ( ) Individual ( ) Partnership Corporation MAILING ADDRESS Exmptnon-p rofit Change of Address ( ) Change of Owner PITOU 6 - - ? 3 FEDERAL I.D. NO: �,,23•y p,�/, - 33--jr-3,&- 77 (Partnership Tax ii No.) r Social SecurityNumber CORPORATION N0- 3 PvS= STATE •'awlr 'res; H EXP. DATE Drivers Llcdnsl No. state RESALE PERMIT NO: - . BUSINESS NAME (dba) t r4A/ (91,,4Cs/CS BUSINESS ADDRESS: /lc�lJ BIISINESS PHONE: Responsib fi.cer BUsnaEss MAILING ADDREss: �d -::a uPrs A Title . TUBE OF BUSINESS : fain i � 7 , _ +•� 7 PERSONS HAVING INTEREST AND/OR GENERAL PARTNERS: l r e� *No. EMPLOYEES* FULL TIME -- O PART TIME O - OWNER OF PREMISES: e-.- p - : �'� ,�6 ,C/ �.4/yl%y� /I P,4-� *APARTMENTS/MOBILE PARKS ADDRESS n A STORAGE. M41TS,' Q s/,4d?'e° 4 MOTEL ROOMS, ETC. No of UNITS: • Y I hereby declare that the foregoing i formation is, to the best of my knowledge , true and c rr t signature *:IF PAH3I', ALL PAS MUST SIGN. t a? DATE: I 6" Ar "Accuracy and completeness will expedite the processing of your application- 000095 Exhibit D DOWNTOWN ZONE 2 DC (Downtown Commercial) Zone 9-3 . 271 . Purpose: This zone is established to encourage a wide variety of retail, office, restaurant, personal service, and other commercial activities . 9-3 . 272 . Allowable Uses : The following uses shall be allowed in the Downtown Commercial Zone. The establishment of allowed uses shall be as provided by Section 9-2 .107 (Plot Plans) and Section 9-2 . 108 (Precise Plans) (a) Food and beverage retail sales (b) Furniture, home furnishings and equipment (c) General merchandise stores (d) Temporary or seasonal sales (e) Health care services (f) Libraries and museums ( (g) Offices (h) Personal services (i) Utility offices (j) Eating and drinking places (exclusive of drive through facilities) (k) Temporary events (1) Broadcasting studios (m) Building materials and hardware (where all areas of use are within a building) (n) Financial services (exclusive of drive through facilities) (o) Residences (second floor use only) (p) Schools - Business and vocational (second floor use only) 9-3 . 273 . Conditional Uses : The following uses may be allowed in the Downtown Commercial Zone. The establishment of conditional uses shall be as provided by Section 9-2 .109 00009E (Conditional Use Permits) : (a) Amusement services (b) Public assembly and entertainment (c) Hotels and motels (d) Schools - Business and vocational (first floor use) (e) Transit terminal (where no storage or repair of vehicles occurs) 9-3 .274 . Lot Sites : There shall be no minimum lot size in the Downtown Commercial zone. 9-3 . 275 . Setbacks : Setbacks shall be as follows: 1 . Front Setback: a. E1 Camino Real north of West Mall: No setback allowed b. E1 Camino Real south of West Mail: Variable (to be established during design review) C. Traffic Way: No setback allowed 2 . Rear Setback: None required 3 . Side Setback: None required 4 . Creek Setback: Variable (to be established during design review) 9-3 .276. Parking Requirements : 1 . The parking requirements for uses located in this zone shall be as required in Table 1 of the Downtown Master Plan. 2 . For existing buildings, only the parking; needed for additions thereto, or for changes in occupancy which increase parking relative to the prior use, shall be required. 3 . The parking space requirements may be met by: a. Providing the required spaces on the site occupied by the use; b . Providing the required spaces off-site, but within 000097 five hundred feet of the proposed use, in a lot owned or leased by the developer of the proposed use; c. Participating in a commonly held and maintained off-site parking lot where other businesses maintain their required spaces; d. Any combination of subsections a. through c. above . ..:: DOWNTOWN Z• DEVELOPMENT DOWNTOWN • ZONE DEPARTMENT ZC 04-90 • VH 000099 1 ��� • j •fit {) r. Exhibit E CITY O-F ATASCADERO Xori •a 1 1979 cAn� COMMUNITY DEVELOPMENT DEPARTMENT o� May 2.4, 1994 Mrs . Priscella Berger P.O. Box 2003 Atascadero, CA 93423 Subject: American Classics Land Use Status Dear Mrs . Berger: In response to your recent request as to what activities can be undertaken at the American Classics site at 5680 El Camino Real, I previously 'forwarded you a copy of the Downtown Mater Plan, which was adopted in 1990, together with the zoning regulations adopted block shortly thereafter. Although auto sales uses would not be allowed as a new use coming in to the downtown area, this business was established in . 1989 under the then existing zoning. As indicated in the attached lication, the use was established copy of the business license app as vehicle Dealers and Supplies" . The Zoning Ordinance provides the following definition for this use: . "Auto , Mobilehgme and Vehicle Dealers and SUP-m A: Retail .trade establishments selling new and use automobiles, boats, mobilehomes, recreation vehicles (including camper shells) , recreational and utilities trailers, motorized farm equipment, motorcycles and mopeds . Also includes establish- ments selling parts and accessories for the above. Does not include establishments dealing exclusively in used parts . Includes automobile repair shops only when maintained by an establishment engaged in the sale of new vehicles on the same site. Does not include service stations which are separately defined. " With respect to Auto Repair and Services, the ordinance defini- tion is as follows : "Service establishments primarily engaged in the repair, alteration, painting, washing or waxing of automobiles . May also include rental of cars, trucks or trailers; leasing of 6500 PALMA AVENUE . ATASCADERO, CA 93422 Building Permits:(805)461-5040 Planning:(805)461-5035 Enforcement:(805)461-5034 Director.(805)461-5097 City Fax:(805)461-0606 UU©.L0"0 es not include repair shops which are cars and trucks . Do subordinate to and .maintained by a vehicle dealership. , you have the right to As a pre-existing legal nonconforming use, including change in maintain and to continue a nonconforming i structure, ownership-, tenancy or management where isesubstantgally including "signs, land use or activity - Ordinance Section 9-7 .;103) . unchanged" (reference. Zoning period of six (6) However, if the use is discontiseemustrconorm with the ,. months or more, any following u Ordinance and General Plan, ' applicable requirements of the Zoning vided you. which were previously pro You with the information that ', you- need to I hope this provides y you have any market the property and please feel .free to call if y questions . Sincerely, Henry Engen Community Development Director City of Atascadero HE:ph 0 encl: Business License Application cc: Steve DeCamp, City Planner 000.101 Exhibit F M E M O R A N D U M 0 To: Henry Engen, Community D elopment Director From: Arther R. Montandon ' Cit Attorney Y Subject: American Classics - Freeway Pole Sign, C.U.P. 12-86 Date : May 20, 1991 nyuiry; Do the owners of American Classics have a right to uti- lize the sign of their property ' s former user ARMCO? Ruling: The owners of American Classics have a "property right" to erect a sign of the same size, lighting and location as the old AAMCO sign. Background• On July 21, 1986, the City' s PlanningCommission,sso n, contrary to staff ' s recommendation, approved a Conditional Use Permit (C.U.P . ) under the then-applicable Municipal Code, for an on-premise freeway pole sign for ARMCO Transmission. This sign was constructed in accord with this C.U. P, in March of 1987 . ARMCO closed their Atascadero facility in November of 1988 . On November 21, 1988, the Santa Maria AAMCO received the sign. The current occupant of the former AAMCO facility is American Clas- sics, operated by Jim Berger and Ken Craig. They purchased and opened the facility between November, 1988, and May, 1989 . They came into the Community Development Department and requested new and different sign copy for their business . The sign was to be of the same size and lighting of the ARMCO sign. They were turned away at the counter due to a then-recent amendment to the Municipal Code. This amendment did not allow an on-site Pole sign for their type of business. They could obtain a "build- ing-mounted, freeway-oriented sign. . .with a maximum area not to exceed sixty (60 ) square feet" (A.M.C. Section 9-4 . 134 ( f) ) . This amended sign code is currently in effect. The owners of American Classics have asserted, through their attor- ney, that they retain a right to have a pole sign similar in size and lighting as that allowed ARMCO through C. U. P . 12-86 . It should be noted that much of the time elapsed due to the recent consideration of new sign requirements for downtown . The 000102 requirements could have provided for eventual abatement of` non- conforming uses and signs . Discussion: The discussion of this inquiry involves three issues : One, did the sign lose its non-conforming use status by being removed, having the underlying use discontinued or by the passage of time? Two, does the unique fact that Atascadero permits these signs with a C.U . !• . give the property owner a greater property right? Three, does •.`.e fact that the City staff turned the owners of American Class.ius away at the counter stop the City from now enforcing its current sign requirements? 1 . Did the sign lose its non-conforming use stgtus? The AAMCO sign was originally built in accord with a?, lawfully-issued permit. When the City amended its Municipal Code to no longer permit such signs in 1988, by Ordinance 167, Section 2, the lawfully-permitted AAMCO sign remained legal as a non-conform- ing use (A.M.C. Sections 9-7 . 102 and 9-7 . 103 ) . In fact, A.M.C. Section 9-7 . 199 specifically allows the continued use of non-conforming signs. Also, the Municipal Code specifically allows the change of advertising copy of non- conforming signs ' (A.M.C. Section 9-7 .109 Subd. (b) ) . Though not applicable to our analysis, non-conforming use status could be lost by increasing the sign' s size, moving it or by increasing or intensifying its lighting (A.M.C . Section 9-7 . 109 Subd. (a) ) . The sign proposed for American. Classics would not do any of these things. Thus, these provisions are inapplicable to our analysis. A sign may lose its non-conforming status under the City ' s Municipal Code if the underlying use is discontinued for six (6 ) months or more (A.M.C. Sections 9-4 . 136 and 9-7 . 109 Subd. (c) ) . In the facts before us, the-sign was removed in No,•em—'21C-IV7 /,ber of 1988. As such, unless the City is forbidden--or, in legal terms, estopped--from enforcing its law, the sign has lost its non-conforming use status and should not--be•mi.iowed. 2. Does the C.U.P. grant a greater right to the pole sign? A. C.U.P. is a special land use permit authorized by Govern- ment Code Section 65901. Its issuance requires the due process of notice and public hearing. C.U.P .s are property rights . They cannot be made personal to the original permittee (Anna Parking Corp. v. City of Burlin- game ( 19 87 ) 195 Cal . App. 3d 855, 241 Cal . Rptr. 175 ) . The ARM/American Classics 4/23/91, Page 2 000103 1 permit runs with the land to the benefit of subsequent pur- chasers and users of the real property (See, Lontin, Califor- nia Land Use, 2d Ed. , Vol. I, Section 3, 71 ( 1J , p. 361 ) . The unique fact that Atascadero permits signs via the C.U.P . process creates a greater right, a "property right" , in the recipient of a sign permit. It allows the transfer of the "property right" in the sign to subsequent purchasers and users. 3 . Does the fact the City staff turned away the owners of Ameri- can Classics stop the City from enforcing its current sir;n regulations? The owners of American Classics came in within the six ( 6 ) month period after the discontinuance of the AAMCO use and removal of the pole sign. They were turned away at the counter, being told that the new ordinance precluded their proposed sign. This action equitably estopps the City from enforcing its current sign code. .The applicants took affirmative steps to maintain their property rights during the time these rights were current. The City stopped them from perfecting their rights. As such, the City can not now deny them their property rights. Conclusion The owners of American Classics have a non-conforming property right to a freeway pole sign for their business of the same size, lighting and location as the AAMCO sign permitted under C.U.P. 12- 86 . They have a specific right to change the sign copy (A.M.C. Section 9-7. 109,. Subd. (b) ) . They possess property rights despite the passage of the six (6) month abatement period provided by the City sign code. This is due to the fact that the City could be estopped from enforcing its new code. Also, it is recommended that the C.U.P. requirement be repealed. ARM:cw c: City Manager ARM/American Classics 4/23/91 , Page 3 1000104 r MINUTES EXCERPTS Exhibit Planning mmission Meeting, April 2, 1996 ACTION: Approve Or ' ance #302, changing t Zoning Designation of the subject p erty from RS RSF-Y as contained in Attachment H. Motion: Wallace Second: Bowen AYES: W ace, Bowen, Sauter, dwards NOES: Hageman, Johnson, Zimmerman BSENT: None MOTION PASSED: 4-3 SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 2 . APPEAL OF ALLOWED LAND USE DETERMINATION: Consider an appeal filed by Bruce J. Berger on behalf of American Classics, a California general partnership, of the determination of the City Planner that "Auto Repair and Services" is not an allowed or conditionally allowed land use in the "Downtown Commercial Zone" of the City. STAFF RECOMMENDATION: (DeCamp) Staff recommends that the Commission deny the appeal,. TESTIMONY: Toni Ranaletti, owner of the Virginia Plaza across the street, submitted a letter in opposition to the appeal. This letter also represented the tenants of Virginia Plaza and was read into the record by Mr. DeCamp. Bruce Berger, the applicant' s representative, answered concerns outlined in the staff report. The Conditional Use Permit on the sign was not abandoned. Cars have always been repaired on this site. The applicants want to sell this property to Nunes Auto Body. The Nunes ' business and employees would contribute to the community. The building is empty at the present time, which means that the adjacent businesses are losing money from potential employees and customers drawn to the area by this business. This is in the best interest of the City. 000105 Planning Commission Meeting, April 2, 1996 Ken Craig, Applicant and Co-owner of American Classics, provided the Commission with pictures of repairs being done in the building and indicated that repairs have been done since the beginning in 1989 . The building can house a maximum of 37 cars at one time and still have enough room to operate. Everything is inside and there is nothing unsightly. Only the showroom would be seen. When questioned, Mr. Craig indicated that they do plan to sell the property and the primary business would be autobody repair, painting and restoration. Sheri Nunes, 9005 LaCanada, is a co=owner of Nunes AutoBody. She responded to the concerns expressed in the staff report. Ms. Nunes expressed that her company intends to operate in a clean and up-to- code fashion as they have always done. She pointed out that the business is regulated by the State and the E.P.A. and would be heavily fined if they are not up to code. Atascadero is their home and they want to establish their business where they live. Their projected sales will be over $1 million and employ eight employees . They would purchase materials and parts locally and would generate other revenue for other businesses. There would be no more noise than is currently produced by the freeway. They plan to refurbish the building before moving in and all deliveries would be in the back. There would be nothing unsightly in front. They have over $250,000 in custom vehicles that they would like to display in the front display case. They would be investing a lot of money and this would not be aback- alley body shop in downtown Atascadero. This company takes pride in this community and they take pride in their business. Bob Nunes, the other owner of Nunes Auto Body, explained that this building is unique because of the display case in the front. He said this business would return benefits to the community. They hire school children in the summer time and teach them auto body work. The vehicles that would be on display are high-dollar vehicles. Over 50% of their work is restoration work. He answered a few questions from the Commission regarding restrictions on the operation. He said that it does not benefit the business to have an unsightly business . In addition, the industry is thoroughly regulated. Michael LeSage, the attorney representing the applicant, suggested that the law (Section 9-7 . 112) allows the Commission to substitute one similar nonconforming use for another. Such a finding could include, and the applicants would certainly agree to, whatever conditions the Commission feels necessary to assure that the two uses were, in fact, similar. They do believe that, from the history, the uses bare substantial similarity. The current owners not only sold antique cars, but they also restored them on the premises. This unique 000106 Planning Commission Meeting, April 2, 1996 building has 10, 000 square feet inside and 4,000 square feet of paved area in the rear. Consequently, the concerns can be addressed. The walls are thick concrete. What they are asking is that the Planning Commission consider the possibility of substituting a use, having staff examine the parking issue to assure that there is adequate parking and they are inviting whatever conditionsthe Commission should impose to assure compatibility with the adjoining uses. He pointed out that Pasadena, that has a enormously successful downtown restoration plan, has allowed blended uses. There are repair shops right in the old downtown Pasadena area. The other factor to be considered is economic equity. This is a building that would be extremely costly to convert to some other use, such as a specialty retail restaurant, personal service, medical office or financial. It hasn' t ever been used for that purpose. The unique feature that it has that would provide protection for the City while at the same time assuring continued economic viability is that it is such a large building it can house all the cars being worked on. The other unique feature is that the parking would not be on the street. Also, auto body repair isn' t intensive in traffic; there aren't going to be a lot of people coming and going to the business. They are not asking for general auto repair. They would be happy to have it conditioned to this particular use. Mike Molina, President of the Chamber of Commerce, welcomes the Nunes ' business and wishes we had a location suitable for it. He suggested that the presence of an Economic Development Director would facilitate the placement of such a business. Because he supports the downtown master plan, he supports denial of the appeal. Susan Macari, President of the B. I.A. , also welcomed the Nunes ' business but wants a pedestrian friendly downtown. She asked that the Commission stick to the downtown master plan. ACTION: Deny the appeal. Motion: Johnson Second: Zimmerman AYES : Johnson, Zimmerman, Wallace, Sauter, Bowen, Hageman ABSTAIN: Edwards NOES : None ABSENT: None 000107 Exhibit C MICHAEL T. LESAGE 1 ATTORNEY AT LAW 620 13TH STREET P.O. SOX 306 PASO R06LES. CALIFORNIA 93447-0306 TELEPHONE (805) 238-3484 FAX (805) 239-7377 April 12 1996rl APR t 519 9 € CITY OF ATASCAOERO City Council CITY CLERK'S OFFICE City of Atascadero 6500 Palm Avenue Atascadero, CA 93422 Re: Appeal of American Classics: Ken Craig and Priscilla Berger Project Address: 5680 El Camino Real, Atascadero; (A) Appeal Fret Denial of Application for Business License to Operate Auto Body Repair Business as Continuation of an Existing Nonconforming Use; and (B) Appeal.. From. Denial of Request for Finding that Contemplated Use by Nunes Auto Body Repair is a Similar Use to American Classics, Being Automobile Sales and On-Site Automobile Restoration and Repair (Section 9-7.112 Substitution of Use) Dear Members of the City Council: Please accept this letter as an appeal from the decision of the Planning Commission entered on Tuesday, April 2, 1996 . The Planning Commission denied applicant' s request for a business license to operate an auto body repair and restoration business at 5680 El Camino Real, Atascadero. 1. Business License -- Right to Nonconforming Use. At the suggestion of the City, a business license has been requested as a means of having the City determine whether or not a contemplated successor use of the building by Nunes Hato Body Repair qualifies as a nonconfon=* g use which runs with the real property located at 5680 E1 Camino Real, Atascadero. The right to a nonconforming use is established by the historic use of the real property and building. 2. Definition of Proposed Use. The proposed successor use, Nunes Auto Body, is an auto body repair and restoration business. A brochure describing its business operations has been submitted to the Planning Commission and it is incorporated as part of this appeal. A sale of the property is pending subject to the City's approval of the proposed use. Page 1 3 . Description of Building. The front of the building located at P d�.ng g 5680 E1 Camino Real adjoins and abuts the sidewalk. The building was constructed in approximately 1926 for the purpose of operating an automobile dealership and repair facility. The building includes four roll-up doors, two in front and two to the rear. There is a 4, 000 square foot paved area to the rear for parking. This parking area is accessible through the roll-up doors or through an alley which ends on this property. 4 . Use of the Property by American Classics. American Classics, from the date of its purchase forward, has used the premises to sell and restore classic and antique automobiles, inclusive of on-site repair and restoration. Photographs depicting such repairs have been submitted to the Planning Commission. The repair business conducted by American Classics included restoration of automobiles on the premises, including the hiring of help as necessary to repair and restore said vehicles. Typically, several vehicles were on auto jacks and were being repaired within the business of vehicle restoration. 5 . History of Use of the Property for Repair of Automobiles. At all times since this building was constructed in approximately 1926, it has been used either for sale and repair of automobiles or exclusively for repair of automobiles. Auto sales and repairs have occurred on the premises continuously since the building was constructed until the Gayle Sharp Ford auto dealership was replaced by autorepair, being Aamco Transmission, an automobile transmission repair facility. Aamco shut down due to economic necessity, but within six months of cessation of Aamco's auto repair use, the property was purchased and operated by American Classics. American. Classics has sold antique and classic automobiles and has restored and repaired automobiles on the premises as an included part of its business. As such the right to conduct an automobile repair business on the premises has always existed and has never been abandoned. The ''property was purchased by American Classics on February 10, 1989 from County Savings Bank, a financial institution who had acquired the property from Gayle Sharp through foreclosure. 6 . Continuous Business Use. The staff memo to the Planning Commission acknowledges that Aamco Transmission had ceased business operations for less than six months before purchase and resumption of business operations by American Classics as submitted to the Planning commission. Under City Ordinance Code Section 9-4 .136 and 9-7 .109 (c) , cessation of use for less than six months does not constitute an "abandonment" of such use. Page 2 000109 In addition, the courts have held that cessation of business operations for an indefinite term does not constitute an "abandonment" of such use when it occurs due to economic necessity, so long as there is intention to continue said use. 7. Constitutional Right to Nonconforming Use. In this instance, American Classics at all times intended to and did in fact operate an automobile repair business as part of its sales and restoration of antique automobiles. There is a continuing vested right to a nonconforming use lawfully established when a zoning law is changed. The United States Supreme Court and California Supreme Court have each respectively held that there -is a constitutionally vested right assured by the due process and substantive due process clauses- of the United. States Constitution to continue a business use in existence on the premises when that use becomes "nonconforming" due to a change in zoning ordinances. Within this appeal, American Classics asserts that it and its successors have an established legal right under.the United States Constitution to conduct repairs on the premises in that American Classics and its predecessors in fact did repair automobiles on the premises. The fact that the business license did not by its terms include repair does not define the scope of use nor does it limit the constitutional rights of appellant. 8. Use Permit for Sign Advertising Aamco Auto Repair Business. A use permit was secured by Aamco Transmission for a sign advertising its business and the City Attorney concluded that the use permit for said sign runs with the land to the benefit of current and future ownership of the property; stating as follows: "C.U.P.s are property rights. Thev cannot be made personal to the original permittee (Anna Parking Co=. v. City of Burlin ame (1987) 195 Cal. App. 3d 855, 241 Cal. Rptr. 175) . . . . " Appellant contends that similar rights pertain to American Classics' use of the premises. 9 . Date of City's Adoption of Current zoning ordinance and General Plan. In December 1990, the City adopted the "Atascadero Downtown Master Plan" . The Downtown Element designated this property as "Downtown Commercial. " In January 1991, the City adopted zoning amendments affecting the use of this property, including Sections 9-33 .272 and 9-3 .273 . On Page 3 000110 the effective date of said adoption, American Classics and its predecessors had established a legal right to , conduct both auto repair and automobile sales. 10 . Currently Allowed Uses. The current allowed uses are defined under the revised zoning ordinances adopted by the City in January 1991 (Code Sections 9-3 .272 and 9-3 .273) . The "Downtown Element" designates as "desired" uses within this area "specialty retail, restaurants, personal services, service commercial, professional offices, medical offices, and financial institutions" (Table 22; page 24) . 11. Replacement of Nonconforming Use with a Similar Nonconforming Use Subject to Findings. Under Atascadero Citr '� Ordinance 7- 112, if the City Council denies this appeal and appellant's contention that a vested right exists to conduct a repair operation on the property, the City Council is asked to find that the proposed substituted use is similar to the preceding use. The substituted use contemplates repair and restoration. The preceding use included sales, restoration and repair of automobiles on the premises. 12 . Request for Findings.. Appellant respectfully requests that the City Council make the necessary findings of fact in connection with each of the above-stated legal and fact issues. 13 . Additional Testimony. Appellant respectfully requests the right to submit additional testimony at the time of hearing before the City Council. Enclosed is an affidavit of Ken Craig concerning the repair of automobiles that occurred at 5680 E1 Camino Real within his operation of said business with James Berger. 14 . Econcmi.c Viability -- Inverse Condemnation. In this instance, the entire business is contained within and must be conducted within a 10, 000 square foot building. The building can house within itself approximately 37 cars. There is 4,000 square feet of parking to the rear_ It is submitted that if automobile repair is not allowed, "viable economic use" of the building has been denied in derogation of appellant' s constitutional rights,. It is submitted that "blended" uses insofar as they preserve the economic viability of this area and avoid the existence of a vacant building will ultimately have the effect of enhancing and promoting the City' s "Downtown Master Plan" goals, especially with respect to a special use building that Page 4 000111 otherwise lacks parking and is not construed for uses that f it allowed uses under the revised zoning law. 15 . Conclusion. This is a special use building that has been used for its intended purpose -- auto repair and sales -- since it was originally constructed in 1926. (The front window is constructed to allow entry and exit of automobiles. ) The cost of converting this building to uses presently allowed, such as a restaurant, a personal service facility, or a financial institution, is prohibitive because this building was not. designed or constructed to accomodate any of these uses. Furthermore, the absence of parking along the front or to the side of the building makes such customer intense uses infeasible. There are two roll-up doors in the front and two roll-up doors in the back which are designed for the use of this building for entry and exit of automobiles for sale and repair of automobiles within a building. The proposed use of auto repair when combined with parking available to the rear will not disturb adjoining uses or defeat the objectives of the downtown plan. 16 . It is requested that City staff locate the building permit files of Aamco Transmission and advise the City Council as to the legal status of AamcoIs use including whether or not a use permit was required for said use. 17. It is respectfully requested that this matter be set for hearing before the City Council and that the above issues be addressed at the time of hearing and that following the hearing, as part of the decisions made by the City Council, the required findings of fact be adopted. Thank you. Sincerely, M T. LeSAGE MTL/kz encl. Page 5 00011`', DOWNTOWN ZONE 2 DC (Downtown Commercial) Zone 9-3 .271 . Purpose: This zone is established to encourage a wide variety of retail, office, restaurant, personal service, and other commercial activities . 9-3 .272 . Allowable Uses : The following uses shall be allowed in the Downtown Commercial Zone. The establishment of , allowed uses shall be as provided by Section 9-2.107 (Plot Plans) and Section 9-2 .108 (Precise Plans) : (a) Food and beverage retail sales (b) Furniture, home furnishings and equipment (c) General merchandise stores (d) Temporary or seasonal sales (e) Health care services (f.) Libraries and museums (g) Offices + (h) Personal services (i) Utility offices (7) Eating and drinking places (exclusive of drive through facilities) (k) Temporary events (1) Broadcasting studios (m) Building materials and hardware (where all areas of use are within a building) (n) Financial services (exclusive of drive through facilities) (o) Residences (second floor use only) (p) Schools - Business and vocational (second floor use only) Y 1-_3 . 273 . Conditional Uses : The following uses may be allowed in the Downtown -Commercial conditional uses shall beasoprovided bytSectione9-2 .109 000113 i DECLARATION OF KEN CRAIG I, KEN CRAIG, declare: lei I have read the letter dated April 12, 1996 to the City Council, City of Atascadero, and the stateme-nits contained therein are true and correct. I i i I am one of two general partners doing business as i American Classics. James Berger and I, and now his wife Priscilla l Berger and I, operate American Classics at 5680 E1 Camino Real, i Atascadero. We purchased the property on February 10, 1989 from County Savings . Within six months prior to our purchase, Aamco Transmission had operated an automobile repair business in the building at 5680 E1 Camino Real. At the time we purchased the property, automobile repairs and sales were permitted uses under the City zoning ordinance. In our business, American Classics, we continued both of the historic uses of the property, which included selling antique and classic automobiles and onsite auto repair and restoration as an essential part of this business. As part of our business of onsite automobile restoration, we have had cars up on jacks and have employed services for restoration and repair, as necessary. At the time the City adopted its current zoning ordinance, we had been and were repairing and restoring vehicles. We applied for and have a business license to sell antique automobiles. Notwithstanding the definition of use in the business license, at all times, we both sold and repaired antique 000114 cars and had the legal right to do so, first under then applicable zoning ordinances and now as a continuation of a nonconforming use established and in effect when we purchased the property and on the date the City changed its ordinances. In January 1991, the City adopted a revised zoning ordinance. At the time this ordinance was adopted, we were in the business of selling, repairing and restoring vehicles on the premises . Prior to our purchase of the property, Aamco Transmission had been in the business of repairing automobile transmissions on the premises. At all times prior thereto, various car dealerships sold automobiles and repaired automobiles in this building. The premises include a 10,000 square foot building, a concrete outer wall, two roll-up doors in the front, and two roll- up doors in the rear. There is no off-street parking adjoining the front of the building. This building is a single use building with two roll-up doors for automobiles in the front aLnd two roll-up doors in the rear. There is no parking in front sof the building other than on-street parking. The building is ideally suited for repair in that cars can enter and exit through the roll-up doors . Farther, there is parking to the rear of the building accessible by an alley for parking vehicles once they have been repaired or for parking vehicles that are awaiting repair. Parking adjoining the alleyway to the rear of the building lend itselfwould not n - i f to currently permitted uses under the newly adopted zoning ordinance which would rev_uire major structural modification and convenient 0001.15 i to , sucZ asp..o£essi.onal se Tices, restaurar-Ls, etc . There i3 4, 000 sc juare feet of park:xg area Incated at the back of the �t:�.'-.dily wri-r_'� can be accessAd cn1Y by an a�.ley. 13: times during oui opez-atian of -he nn the premises, we had as many as 37 cars witz the building a*id ample too:n zo repair and restore r:lose Cars which were rte subject of Yesto��atior. a�~d re an .r. Restoratior. and repair work tc these aut�:;n bi.:.es wa.s ai_ intricate and essential parr of aur business . .1e bUjjding as cotYst+tucted is a special use building spec:iR r cally for the purpose of repairing, displaying, L.. ;d W llint, 3utomo�iles . it hao been so used, to W knowledge, si:r:e it was contsructed in approximately 1926.. Y declare under penalty o£ pe:tj Y Of the lawn n£ the. State of CaIJ-tcrnia that the foregoing is t+-ue ax%d correct. j�-mo�b- Mxecuted this � day of Apr11, 199G, ac Paco P,Obl�s, California. AC 00011 Exhibit D _ 11 MICHAEL T. LESAGE ATTORNEY AT LAW 620 13TH STREET P.O. BOX 306 PASO ROBLES, CALIFORNIA 93447-0306 TELEPHONE (805) 238-3484 r FAX (805) 239-7377 ------------ April 16, 1996 0 d APR 1 61996 `E t� 711Y OFATASCADERQ CITY CLERK'S DFFT- City Clerk City of Atascadero 6500 Palma Avenue Atacadero, CA 93422 Re: APPeal of American Classics: Ken Craig and Priscilla Berger Project Address: 5680 E1 Camino Real, Atascadero Dear Clerk: Attached is a letter from an architect Nick Gilman. Please include this original letter with the Appeal. Thank you. Sincerely, MI ,EI, T. LESAGE MTL/soh 00011'7 NICK GILMAN,Architect 945 12th Street,Suite E • Paso Robles,CA 93446 (805)238-3432 License # C6431 April 16, 1996 Michael T. LeSage, Esq. 620 - 13th Street Paso Robles, CA 9346 Re: Conversion Potential 5680 El Camino Real, Atascadero Dear Michael: At your request, I made a very preliminary survey of the property now occupied by American Classics Automotive, 5680 El .Camino. My early conclusion is that your client has a very poor chance of converting that property to a more intensive use. My strong recommendation is that he maintain the property as a site for automotive purposes. The first idea that the property become a restaurant is absurd. The building is close to 100 feet by 100 feet, 10, 000 square feet. The only available parking is at the rear, adjacent to the freeway, and will allow eight, possibly nine, spaces per current handicapped accessible standards. The costs of conversion will be very significant: 3,500 square foot kitchen, coolers, employee facilities at $60 per square foot, and 6, 500 square feet of dining and public restrooms at $40 per square foot. This project will approximate $470, 000. There is very little market for such large restaurants, and when there is, the demand is for substantial adjacent parking. A restaurant this large should have a minimum of 150 spaces. The second idea that the property become retail is almost as difficult. The costs will still be very substantial and the lack of parking precludes success. Please understand that current energy requirements and current handicapped access requirements will mandate: 1 . Complete ceiling system with insulation; 2 . New window and door systems; 000118 3 . New restroom facilities; 4 . Removal and replacement of the sidewalk on El Camino; S . Some means of ramping for access to the internal floor level changes. These items are all in addition to normal remodel costs. I suggest a budget of at least $300, 000. Still, there is no market for retail without customer parking. Even low intensive uses such as appliances or furniture require at least 40 spaces and convenient truck access. Conversion of the property to office spaces is out of the question. Even if the building was amenable to office uses, neither you nor I would occupy of f ices without convenient parking for ourselves and our clients. Unfortunately for your client, his best opportunity by far is to maintain his property for automotive uses. I understand that the market is limited and the return may be less; however, the building is well developed for such uses and there is some hope of success with reasonable investment. There is no conversion of this property I can think of that will not require significant parking for success. Considering the very large investment required for any conversion, I '' would try to discourage any such attempt. Please feel free to call at any time if you or your client have any questions. V ry truly ours, NICK GILMAN NG/ 000119 REPORT TO CITY COUNCIL Date: May 28, 1996 4 CITY OF ATASCADERO Agenda Item: B-2 Through: Andy Takata, City Manager From: Michael P. McCain, Fire Chief SUBJECT: Weed abatement public hearing RECOMMENDATIONS: Hear protests and authorize Fire Chief to abate weeds. BACKGROUND: As part of the weed abatement process, the Council is required to hear objections to the proposed removal of weeds, refuse, and other combustible material. This hearing allows any affected property owner to protest the proposed abatement of hazards on his property. After hearing the objections, Council overrules or allow any objections. This can be done by resolution of -motion. I recommend action by motion, i.e., "I move we (allow -- overrule) the objection to the proposed removal of noxious or dangerous weeds on the lots identified." After disposing of the objections, or if no objections are made, the Council orders the abatement of the nuisance. This also can be d ne by motion or resolution. FISCAL IMPACT: Costs involved in administering this program are recove ed thorough the administrative fee charged to parcels abated by the City contractor. ENCLOSURES: Resolution 26-96 0001,2,0 t RESOLUTION NO. 26-96 I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO i DECLARING WEEDS A, PUBLIC NUISANCE AND ESTABL.ISTdITiG PROCEDURES FOR THE ABATEMENT OF SAID NUISANCES The City Council of the City of.Atascadero, County of San.Luis Obispo, State of California,DO BMEBY RESOLVE as follows: r SECTION L That weeds growing or potentially could grow, and-rubbish, refuse and dirt upon public nuisance and are hereby declared to be such, for the reason that such weeds upon maturity will bear wingy or downy seeds, will attain such a large growth as i to become :a fire menace when dry, wfll be othIerwise noxious or dangerous, or will constitute or potentially could constitute dry grass, stubble, brush, litter or other flammable material thereby creating a hazard to public health. The Ci Council of the Ci of Atascadero finds and declares that weeds on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of City and State law, provided, that upon any second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear upon the current assessment roll. SECTION 1 A description of the;parcels of lots of private property upon which, or in front of which, said nuisances exist, according to the official Assessment Map of said City of Atascadero, shall be posted annually in the office of the City Clerk and refered to as Exhibit A. SECTION 3. The City Clerk is hereby ordered and directed to mail wrim= notice of the proposed abatement to ail persons owning property described in accordance with Section 6-13.04 of the Atascadero Municipal Code, Ordinance No. 61. SECTION 4. Pursuant to Section 6-13.06 of,the Atascadero Municipal Code, the City Council shall hear and consider all objections or protests to the required removal of said noxious or dangerous weeds, or other combustible material. The City Clerk shall post a copy of the public hearing notice in accordance with the Ralph A Brown Act , On motion by Councilperson Johnson and seconded by Councilperson Luna the foregoing Resolution is hereby adopted in its entirety on the following roll call voter A'Y'ES; Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland j a i NOES: None ABS21 : None ADOPTED: April 23, 1996 000.12 i RI-soiurion No. 26-96 Pam Two A=ST. ! CITY OF ATASCADERO' By: ^���� ?/ ^ LEE PRIM, City Clerk GEORGE P. HI [. AND,�&Yor APPROVED AS TO FORNL- ARTBER R. MONTA DC�&City A=mey i i 000122 REPORT TO CITY COUNCIL 40 CITY OF ATASCADERO Agenda tem: B-3(A&B) Through: Andrew Takata, City Manager Meeting ate: 05/28196 Via: Steven L. DeCamp, City Planner File Number: GPA 95004 ZC 95007 From: Gary Kaiser, Associate Planner& SUBJECT: Consideration of General Plan Amendment and. Zone hange applica- tions to change the land use designation and zoning of certain real properties located between Santa Rosa Road, Old Santa Rosa Road and West Frontage Road from Moderate Density Single Family (one acre minimum lot size) to High Density Single Family (one-half acre minimum lot size) . (Roland Lanini/Messer) RECOMMENDATION: 1. Resolution No. -96 - Approve attached Resolution amending the General Plan Land Use Map by redesignating certain real property between Old Santa Rosa Road, West Frontage Road, Atascadero Avenue and Portola Road from Moderate Density Single Family to High Density Single Family. 2 . Ordinance No. 305 - Read by title only and approve on first reading amending Official Zoning Map No. 19 by rezoning all that real property located between Old Santa ]Rosa Road, 'West Frontage Road, Atascadero Avenue and Portola Road presently zoned Residential Single Family with a one ace minimum lot size (RSF-Y) to Residential Single Family with it one-half acre minimum lot size (RSF-X) . BACKGROUND: On May 7, 1996, the Planning Commission conducted a public hearing on the above-referenced applications. After discussion (see attached minutes excerpts) , the Planning Commissioi voted unani- mously to recommend approval of General Plan Amendnent 95004 and Zone Change 95007. Attachments: Resolution No. 29-96 Ordinance No. 305 Planning Commission Staff Report May 7, 1996 Minutes Excerpts - May 7, 1996 .000121# i RESOLUTION NO. 29-96 I A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO i APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP THEREBY REDESIGNATING CERTAIN REAL PROPERTY BETWEEN OLD SANTA ROSA ROAD, WEST FRONTAGE ROAD, ATASCADERO AVENUE AND PORTOLA ROAD FROM MODERATE DENSITY SINGLE FAMILY TO HIGH DENSITY SINGLE FAMILY (GPA #95004: Lanini) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City's General Plan, which was prepared in the 1970's, adopted in 1980, and amended in 1992 to guide the City's general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on May 7, 1996; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a" resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and Policies of the General Plan. 2. The proposed General Plan amendment will not have a significant adverse affect on the environment; the Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA #95004 as follows 1. Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit All. On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call voter 00 125 Resolution No. 29-96 Page 2 AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA GEORGE P. HIGHLAND+, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO CONTENT: ANDREW J. TAKATA, City Manager APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner 0001216 WPA y .. • n Ak CLWV: mp .� ' 9p V4' All I TM, N w w 'i ORDINANCE NO. 305 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING OFFICIAL ZONING MAP NO. 19 BY REZONING ALL THAT REAL PROPERTY LOCATED BETWEEN OLD SANTA ROSA ROAD, WEST FRONTAGE ROAD, ATASCADERO AVENUE AND PORTOLA ROAD PRESENTLY ZONED RESIDENTIAL SINGLE FAMILY WITH A ONE ACRE MINIMUM LOT SIZE (RSF- Y) TO RESIDENTIAL SINGLE FAMILY WITH A ONE-HALF ACME MINIMUM LOT SIZE (RSF-X) (ZC #95007: LANINI) WHEREAS, the proposed Zoning Map amendment is consistent with the General Plan, as amended by Resolution No. 29-96, 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 does not have a potential to result in a significant adverse effect on the environment and the Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on May 7, 1996 and has recommended approval of Zone Change #95007. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning designations. 2. The proposal is consistent with the goals and policies of the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts; the Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. Official Zoning Map No. 19 is hereby amended as shown by the attached "Exhibit A, " which is hereby made a part of this ordinance by reference. 000128 Ordinance No. 305 Page 2 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 Councilperson and seconded by Councilperson , the foregoing ordinance is hereby adopted in its entirety on -the following roll call vote: AYES: NOES: 0 ABSENT: ADOPTED: CITY OF ATASCADERO By: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk 000123 Ordinance No. 305 Page 3 APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner 000130 ORDINANCE NO. 30�, -EXHIBIT Page of 1 10 • / r .� 74 „Q • I �alp r• � FSC T \ �.¢�• .�, .;~max.,_.� � !-;= .� �, / ti ,_\ Pf; ,y p Et{p. o00 ��� •` FROM: (RSF—Y) TO : "RSF—X" KTYY: New Zone="ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged �. 0001.31 CITY OF ATASCADERO Item: B . 1 STAFF REPORT FOR: Planning Commission Meeting Date: May 7, 1996 BY: Gary Kaiser, Associate Planner GAP-i File No: GPA 95004 ZC 95007 SUBJECT: Consideration of General Plan Amendment and Zone Change applications to change the land use designation and zoning of certain real properties located between Santa Rosa ''Road, Old Santa Rosa Road and West Frontage Road from Moderate Density Single Family (one acre minimum lot size) to High Density Single Family (one-half acre minimum lot size) . RECOMMENDATION• Staff recommends approval of the requested General Plan and Zoning Map changes and that such changes affect all properties located between Old Santa Rosa Road, Atascadero Avenue, West Frontage Road and Portola Road which are presently zoned for a one ( 1) acre minimum lot size. The Planning Commission should make the following recommendations to the City Council: 1. That the Negative Declaration prepared for the project be found adequate under the provisions of the California Environmental Quality Act (CEQA) ; 2. That Resolution No. 29-96 be approved based on the Findings contained therein; and 3. That Ordinance No. 305 be approved based on the Findings contained therein. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..Roland Lanini 2. Current Land Use Designation. . . . . . . . . . . . .Moderate Density Single Family 3. Proposed Land Use Designation. . . . . . . . . . . . . .. .High Density Single Family 4. Current Zoning. . . . . . . . . . . . . . . . . . .RSF-Y (one'-acre minimum) 5. Proposed Zoning. . . . . . . . . . . . . . . . .RSF-X (half-acre minimum) 1 000132 6. Environmental Status. . . . . . . . .Negative Declaration pending ANALYSIS• This matter has come to the Planning Commission pursuant to applications filed by Roland Lanini, who owns the largest of three (3) parcels which together form the triangular area located between Santa Rosa Road, Old Santa Rosa Road and West Frontage Road (Attachments A & B) . Upon review of the applicant' s proposal, it made sense to staff to expand the study area such that a southerly extension of the existing half-acre zone to the north could be considered (Attachments C & D) . Such a broader approach would avoid debate as to whether the introduction of half-acre zoning into an area where surrounding residential lots are zoned for one ( 1) acre constitutes "spot zoning. " In addition, the expanded project would provide for potential infill development which staff believes is a public benefit. Applicant' s Request As mentioned above, the triangular area between Santa Rosa Road, Old Santa Rosa Road and West Frontage Road is comprised of three (3) parcels. Mr. Lanini's parcel is 1.3 acres; parcels on either side of Mr. Lanini's parcel are less than one-half acre. All three (3) of these parcels are presently developed with single family residential uses. Notwithstanding the fact that all parcels surrounding Mr. Lanini' s parcel are a half-acre or less, including those lots on the other side of Old Santa Rosa Road, Mr. Lanini' s parcel cannot be subdivided because the present zoning requires that all new parcels be at least one (1) acre. Understandably, Mr. Lanini is dissatisfied with the current zoning and feels he is being denied land use privileges presently being enjoyed by all of his neighbors (Attachment E) . The proposal to change the land use designation and zoning of "Old Santa Rosa Island" to allow the creation of half-acre lots would only allow for the creation of one ( 1) additional lot. Although the physical impacts of such a change would be negligible, it could be considered by some to be a spot zoning, or "leapfrogging" of higher density zoning. Staff would argue that such a change is not spot zoning, as higher density zoning is commonly used as a means of buffering the noise and commotion of freeway traffic and commercial uses from larger-lot neighborhoods. Nevertheless, one could question whether such a change is consistent with General Plan policies that residential densities should decrease as distance from the community core increases. 2 000133 Expanded Prosect Rather than limiting discussion to "Old Santa Rosa Island", staff believes the Planning Commission should consider a 'southerly extension of the existing half-acre zone to the north. Under present zoning, five (5) additional lots could be created within the expanded study area. If the land use designation and zoning were changed to allow for the creation of half-acre lots, there would be a potential that up to twelve ( 12) additional lots could be created (i.e. , net increase would be seven (7) lots) . Considering the proximity of these properties to commercial zoning and an existing elementary school, such an increase in residential density would seem to make sense. It would also make sense from a neighborhood character standpoint, as the expanded study area is also surrounded by residential lots of less than one ( 1) acre. Certainly, such General Plan and Zoning changes would not result in the creation of lots out of character with the surrounding neighborhood. Environmental Review The subject General Plan and Zoning changes would have no direct physical impacts. Indirectly, the changes could result in there being a higher proportion of impervious surfaces within the study area and additional traffic on roads serving the area. Lands within the expanded study area areY h sicallY' well-suited P for higher density development as slopes are gentle and the area can easily be served by sewer without the need for ',pumps. Although the Planning Commission and/or Council could opt to postpone consideration of this matter pending further investigation of treatment plant capacity questions which have recently been brought up, the Chief of Wastewater Operations does not feel this project would have significant bearing on that issue. Any ensuing subdivision proposals within the project area would be discretionary, as usual, and would require separate environmental review. The subject General Plan and Zoning changes would by no means guarantee that subsequent land divisions will be approved. Staff has found no substantive evidence that significant environmental effects could result from project approval. CONCLUSIONS• The applicant' s request is reasonable as it would merely allow for the future division of an existing one ( 1) acres lot into two (2 ) half-acre lots, thereby bringing his property into conformance with the rest of that neighborhood as f=ar as density is concerned (as opposed to most of the lots surrounding the site, however, the new lot would not be a flag lot).. 3 000134 Staff would support the applicant' s proposal by itself, but the expanded project offers a greater public benefit because of the infill growth that could result which, albeit limited, could take some of the momentum out of urban sprawl affecting the hinterlands of the City and/or unincorporated regions of the County. As opposed to urban sprawl, infill growth is environmentally and fiscally responsible. ATTACHMENTS: Attachment A - Location Map/Triangle (General Plan) Attachment B - Location Map/Triangle (Zoning) Attachment C - Location Map/Expanded Area (General Plan) Attachment D - Location Map/Expanded Study Area (Zoning) Attachment E - Developer' s Statement Attachment F - Negative Declaration Attachment G - Draft Resolution Attachment H - Draft Ordinance GPA95004\ZC95007.sr 4 000135 • - � • 11 • 11 Rai i •. 64 It s ILI VOW lu ATTACHMENT B \ LOCATION MAP, ZON I NG j CITY OF ATASCADERO ;... . . � APPLICANT ' S REQUEST GPA 095004; ZC 095007 L COMMUNITY DEVELOPMENT DEPARTMENT 00 94 10 W ,41 _ O 9F. -u \ PCO a �, � • ,t` � \ t � , C R OOQ \ N // 4 Lite r t: /Rc 00013'7 w .t► ,►, . iso • . . TIM Ism Al ®1_ 4• LN �a TA NO NIN 9p AA, �. ATTCHMENT D t LOCATION MAP (ZONING) CITY OF ATASCADERO EXPANDED STUDY AREA c- •�• «a �•� GPA 495004,• ZC #95007 — ' COMMUNITY DEVELOPMENT DEPARTMENT X-Tit ret J001 RSF oe CR J i m is ~ , ?--/ ~ \vat ('_ •1 4V, CT � Q T CN' P s,-rE - •• 4 , qF 0001.39 ATTACHMENT E DEVELOPER =S • STATEMENT :,.. , . CITY OF ATASCADERO GPA 495004; ZC #95007 SCAD COMMUNITY DEVELOPMENT DEPARTMENT ROLAND LANINI 310 NO EAST RUSSELL SANTA MARIA, CA. 93454 SEPTEMBER 20, 1995 CITY OF ATASCADERO: RE: ZONING CHANGE AT 8805 OLD SANTA ROSA THE PROPERTY CONSISTS OF 1.3 ACRES ON OLD SANTA ROSA-TMS PARCEL WAS ORIGINALLY ON THE NORTH SIDE OF SANTA ROSA AND INCLUDED PROPERTY THAT IS NOW EL CAMINO BUILDING SUPPLY AND SHOULD HAVE BEEN LOGICALLY CONSIDERED AS PART OF THAT ZONE AREA. HOWEVER, THE REALIGNMENT OF SANTA ROSA CREATED AN ISLAND OF LAND BETWEEN SANTA ROSA AND OLD SANTA, ROSA. THIS TRI-ANGLE INCLUDES THE 1 .3 ACRE PARCEL IN QUESTION. THIS IS THE ONLY PARCEL IN THE AREA THAT COULD BE SPLIT INTO 1/2 ACRE PARCELS, SINCE THE ADJOINING PARCELS ARE APPROXIMATELY 1/2 ACRE. IT SEEMS AN INJUSTICE TO REQUIRE THAT THIS ONE PARCEL BE DENIED THE SMALLER PARCEL SIZE THAT ALL THE ADJOINING PROPERTIES HAYE ENJOYED. THANK YOU FOR CONSIDERING MY REQUEST. ROLAND LANINI C 2`' 1995 U °M'yUN/T V�FV' iLOP4fgtir 000140 ATTACHMENT F NEGATIVE DECLARATION CITY OF ATASCADERO GPA #95004; zC #95007 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ATASCADERO ENV RONMENTAL COORDINATOR NEGATIVE DECLARATION COMMON=DEVELOPMENT DEPT. 6500 PALMA AVE - AVW.ADERO.CA 93422 (805)461-5035 APPLICANT: Fe LA,40 lPoA 1 A; i,w E. ?-OSeeu. SA*XM tAA9:t^ CA 9-6454 PROJECT TITLE: (S-pA* 4sO04 V-0-4,is-00-7 PROJECT LOCATION: B6W E� o\A SA 4TA -12ce A WF-5T i�1►' f,E �4TD.Sct�.0�S2o Amb ?0.7DLA PROJECT DESCRIPTION: CVwAT.> C- isn;46 'KD14- A,LL ►2e5� 3Tia.�, ?ARC-ELS t PcA m- 4cm ST1iZE- A ilk ��a1E 70AAP T A-U ow$ C Zvvk-n cm Sr- otJE- isk�� 4PC2'1E CQOTS • FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-tern to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited.but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or.indirectly. DETERMINATION: Based on the above findings. and the Information contained in the initial study(made a part hereof by refer- ence and on We in the Community Development Department).it has been determined that the above project Will not have an adverse Impact on the environment. STEVEN L. DECAMP CITY PLANNER Date Posted: �•l(o.q(P Date Adopted: 0001,11 ATTACHMENT G DRAFT RESOLUTION GPA #95004; ZC #9500 RESOLUTION NO. 29-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP THEREBY REDESIGNATING CERTAIN REAL PROPERTY BETWEEN OLD SANTA ROSA ROAD, WEST FRONTAGE ROAD, ATASCADERO AVENUE AND PORTOLA ROAD FROM MODERATE DENSITY SINGLE FAMILY TO HIGH DENSITY" SINGLE FAMILY (GPA #95004: Lanini) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan, which was prepared in the 1970 ' s, adopted in 1980, and amended in 1992 to guide the City' s general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment, on May 7, 1996; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Pian. 2. The proposed General Plan amendment will not have a significant adverse affect on the environment; the Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA #95004 as follows: 1. Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: 0001,12 Resolution No. 29-96 Page 2 AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO CONTENT: ANDREW J. TAKATA, City Manager APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner 000143 ! r . 1 ATTACHMENT H DRAFT ORDINANCE GPA 495004; ZC 495007 ORDINANCE NO. 305 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING OFFICIAL ZONING MAP NO. 19 BY REZONING ALL THAT REAL PROPERTY LOCATED BETWEEN OLD SANTA ROSA ROAD, WEST FRONTAGE ROAD, ATASCADERO AVENUE AND PORTOLA ROAD PRESENTLY ZONED RESIDENTIAL SINGLE FAMILY WITH A ONE ACRE MINIMUM LOT SIZE (RSF- Y) TO RESIDENTIAL SINGLE FAMILY WITH A ONE-HALF ACRE MINIMUM LOT SIZE (RSF-X) (ZC #95007: LANINI) WHEREAS, the proposed Zoning Map amendment is consistent with the General Plan, as amended by Resolution No. 29-96, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seg. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment does not have a potential to result in a significant adverse effect on the environment and the Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on May 7, 1996 and has recommended approval of Zone Change #95007. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning designations. 2. The proposal is consistent with the goals and policies of the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts; the Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. Official Zoning Map No. 19 is hereby amended as shown by the attached "Exhibit A, " which is hereby made a part of this ordinance by reference. 0001,15 Ordinance No. 305 Page 2 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 3=6933 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 Councilperson and seconded by Councilperson the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk 0001,16 ORDINANCE NO. 30; -EXHIBIT-.-A Page _(_of 1 ca � �'.n. oP f:= • ` ��� ',� �/�` yob' `�. i � V �\ \YQAf P 9 Q� CN- �;ter_... -�•�. �` ,��,,j s\ / \ / FROM: (RSF—Y) > i� TO : "RSF—X" KEY: New Zone="ABC" Old Zone=(XYZ) All Overlay Zones to remain unchanged 0001,18 s. MINUTES EXCERPTS CITY OF ATASCADERO PLANNING COMMISSION 5/7/96 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 1 . GENERAL PLAN AMENDMENT 95004/ZONE CHANGE 95007: Consideration of General Plan Amendment and Zone Change applications filed by Roland Lanini to change the land use designation and zoning of certain real properties located between Santa Rosa Road, Old Santa Rosa Road and West Frontage Road from Moderate Density Single Family (one acre minimum lot size) to High Density Single Family (one-half acre minimum lot size) . STAFF RECOMMENDATION: (Raiser) Staff recommends approval of the requested General Plan and Zoning Map changes and that such changes affect all properties located between Old Santa Rosa Road, Atascadero Avenue, West Frontage Road and Portola Road which are presently zoned for a one (1) acre minimum lot size. The Planning Commission should make the following recommendations to the City Council: 1 . That the Negative Declaration prepared for the project be found adequate under the provisions of the California Environmental Quality Act (CEQA) ; 2 . That Resolution No. 29-96 be approved based on the Findings contained therein; and 3 . That Ordinance No. 305 be approved based on the Findings contained therein. TESTIMONY: Lauren Baldwin' s letter was read into the record by Gary Kaiser. Don Messer, 7555 Cristobal, representing the applicant, gave a history of the parcel and offered to answer questions. ACTION: Recommend to the City Council that the Negative Declaration prepared for the project be found adequate under the provisions of the California Environmental Quality Act (CEQA) . Motion: Bowen Second: Sauter AYES: Bowen, Sauter, Johnson, Hageman, Zimmerman, Edwards NOES: None ABSENT: Wallace MOTION PASSED: 6:0 0001,19 Planning Commission Meeting, May 7, 1996 ACTION: Recommend to the City Council that Resolution No. 29-96 be approved based on the Findings contained therein. Motion: Bowen Second: Sauter AYES: Bowen, Sauter, Johnson, Hageman, Zimmerman, Edwards NOES: None ABSENT: Wallace MOTION PASSED: 6:0 ACTION: Recommend to the City Council that Ordinance No. 305 be approved based on the Findings contained therein. Motion: Bowen Second: Sauter AYES : Bowen, Sauter, Johnson, Hageman, Zimmerman, Edwards NOES: None ABSENT: Wallace 000150 Agenda Item: C-7 Meel ing Dater 5/28/96 * .NOTICE: THE PROPOSED RESOLUTION APPROVING AMEND- MENTS TO THE 1995/96 BUDGET WILL BE DISTRIBUTED SEPARATELY. 000151 'il REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-2 From: Andrew J. Takata, City Manager Meeting Date: 5/28/96 SUBJECT: City of Atascadero Mission Statement RECOMMENDATION: Adopt Resolution No40-- , approving a City of Atascadero Missior Statement BACKGROUND: The City Public AwarerYess Committee (consisting of represent ivies of each City department--Chairperson Vivian Witzel, Brady Cherry, Alicia Lara, Ann Banks, Eunice Mayfield, Steve Sandeffer, Virginia Neely, Kate Kremke, Linda Fredericks, Cathy Beach and Pat Hicks) has a goal of assuring that the employees are aware of what our public image in the community is, as well as developing an em loyee newsletter. The committee has worked very hard on producing a Mission Statement and received some response from the general employees. I addition to that, I discussed it with the employees at a brown bag lunch, and appropriate changes have been made. Included in the Mission Statement is the employee's value—wha we would like to accomplish as employees of the City. I believe the Mission Statement is very important for the City C unci) to adopt, so that both employees and residents know what our goal is for Atas adeno. AJT:ch 000152 CITY OF ATASCADERO MISSION STATEMENT The mission of the City of Atascadero is a committment to enhance the quality of life, environment, and safety of our citizens, customers and employees. EMPLOYEE VALUES The City of Atascadero `promotes the mission through the following employee values: We will strive to: Cultivate a safe, attractive community through quality municipal services. Demonstrate our pride and commitment in public service by being responsive and professional. Provide quality service while maintaining fiscal responsibility. - Provide services in an ethical, honest, fair and equitable manner. Use available resources effectively and efficiently. Cooperate and form partnerships with other organizations, government agencies, and private business to maximize resources and services for residents Recognize and embrace the rich diversity of the community and the work place in creating an environment which respects the individual dignity_ of all. MISSNSTA.COA 000153 RESOLUTION NUMBER 40-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING A MISSION STATEMENT . FOR THE CITY OF ATASCADERO The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The City Council hereby adopts a mission statement developed by city employees which reflects a commitment to the community and specific employee values. 2 . The City Manager is hereby authorized to implement programs and policies to promote the intent of the mission statement. 3 . The Public Awareness Committee is hereby encouraged to continue to develop programs which enhance customer service and the quality of life in Atascadero. 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 GEORGE P. HIGHLPND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000154