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HomeMy WebLinkAboutAgenda Packet 01/13/1998 *PUBLIC REVIEW COPY City of Atascadero Please do not remove from counter WEL C OME TO THE ATASCADERO CITY COUNCIL MEETING GENERAL INFORMATION The City Council meets I n regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber f City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reporl s 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 103), available for public inspection during City Hall business hours. In compliance with the Americans with Disabilities Act,.if you need special 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 ar needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK AT PUBLIC HEARINGS Scheduled public hearings are itemized on the Agenda. The Mayor will identify the subject, announce when the public hearing s open and request anyone interested to address the Council regarding the matter being considered. If you wish to speak for, against or comment in any way: • You must a proach the podium and be recognized by the Mayor • Give your n me and address • Make your s atement • All commen s should be made to the Mayor and Council • All comments limited to 5 minutes (unless changed by the Council) • 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. The Mayor will announce when the hearing is closed, and thereafter, no further public comments will be heard by the Council TO SPF AK ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS Under Agenda item, "COMMUNITY FORUM",the Mayor will call for anyone from the audience having business with the Council to: • Please appr ach the podium and be recognized • Give your n me and address • State the nature of your business This is the time items n t on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to oppear on the Agenda must be in the Office of the City Manager ten days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written c mmunication to the City Manager's office in City Hall prior to the deadline. AGENDA ATASCADERO CITY COUNCIL MEETING TUESDAY,JANUARY 13, 1998 City of Atascadero 6500 Palma Avenue,4th floor Atascadero, California CLOSED SESSION,6:30 P.M.: 1) Conference with labor negotiator(Govt. Code Sec. 54957.6): Agency Negotiator: City Manager Employee organizations: Mid-Management/Professional,Atascadero Fire Captains,Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascadero Sergeants Service Orgn.,Atascadero Police Officers Assoc., Atascadero Public Safety Technicians Orgn. 2) Public Employee Appointments(Govt. Code Sec. 54954.5) Title: Police Chief, Community Development Director REGULAR SESSION,7:00 P.M.: PLEDGE OF ALLEGIANCE: Mayor Pro Tem Ray Johnson ROLL CALL: Mayor Carden Mayor Pro Tem Johnson Council Member Clay Council Member Lerno Council Member Luna APPROVAL OF AGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. No formal action by the Council will be taken unless an item is identified on the Agenda. 1. Committee Appointments 2. Report from City Clerk : Planning Commission Vacancies COMMUNITY f ORUM: This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five min 4tes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a futu e agenda. PRESENTATIONS: CORRESPONDENCE: A. CONSEN CALENDAR: Roll Call All items on the cc nsent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to commen or ask questions. If comment or discussion is desired by anyone, the item will be remoi ed from the consent calendar and will be considered in the listed sequence with an opportunityfor any member of the public to address the Council concerning the item before action is taken. 1. Cily Coun it Minutes—November 25, 1997 (City Clerk recommendation: Approve) 2. Qfty Coun i1 Minutes—December 9, 1997 (City Clerk recommendation: Approve) 3. Cily Treasurer's Report-November 1997 (City Treasurer's recommendation: Review &accept) 4. November 1997 Accounts Pa able and Pa oll -Fiscal Impact: $936,595.11 (Staff recommendation: Approve) 5. Youth Recreation Center Building Lease—with Youth Network/Friday Variety Night—Fiscal Impact: $900.00 monthly income (Staff recommendation: Council authorize I he City Manager to sign a lease with Youth NetworklFriday Variety Night.) B. PUBLIC I JEEARINGS: 1. Revision o f Ordinance No. 337—Amends Ordinance No. 304 concerning weed abatement Fiscal Impact:No significant impact—(Staff recommendation: Waive the reading of Ordinance No. 337 in full and introduce for f rst reading by title only) 2. Pro osed eneral Plan and Zoning Amendments—4650 El Camino Real—Fiscal Impact: IV one (Staff recommendation: ])Approve Resolution No. 108-97 thereby amending he land use designation, and, 2)Approve zone change by waiving the reading of Ordinance No. 339 in full and introduce for first reading by title only) 2 Be is CADS City Clerk's Agenda Report Marcia M. Tor <erson Planning Commission Vacancies RECOMMEND IONS: City Clerk recommends Council appoint a candidate from the Planning Commission pool to fill Robert Johnson's unexpired term. DISCUSSION: Robert Johnson resigred from the Planning Commission in November 1997;his term expires February 1999. Donna Wallace's term expires February 1, 1998. At the time of Mr. Johnson's resignation,we had tvro applications in the Planning Commission pool. After the City Clerk's office advertised in th newspaper that Atascadero was seeking interested citizens to fill the vacancy,we received ne new application. Therefore,you have previously interviewed the original two applicant Roberta Fonzi and R.S. Kolemaine, and you have not interviewed the new applicant,Royce ddings. FISCAL IMPAC None. ALTERNATIVE 1. Appoint a cani lidate from the Planning Commission pool to fill Robert Johnson's unexpired to 2. Interview the one new applicant to the Planning Commission pool and then appoint a candidate to fi i Robert Johnson's unexpired term. 3. After Februar, 1, 1998,appoint 2 citizens; one to fill Robert Johnson's unexpired term and one to rep ace Donna Wallace's position. 4. Amend the At iscadero Municipal Code Title 2, Chapter 9 to state that the Planning Commission shall consist of five(5)members. PREPARED BY: Marcia M. Torgerson, City Clerk ATTACHMENT 3 Applications for Planning Commission ')00001 Please return to: CITY CLERK ,t ~ s• 6500 Palma Avenue MAY -21997 Room 208 • seu`. i 7 Atascadero,CA 93422 ,. ,� AT L CUT CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: • �"j z� tY► Z3 ( 1� RESIDENTIAL ADDRESS: Home Home Phone: MAILING ADDRESS (if different): G' Brit C)9C3 Work Phone: I=:,*V -5.- Are you a resident of the City of Atascadero? How Long? Are you a registered voter? Yes_ No Social Security No. OCCUPATION: R�T112r� EMPLOYMENT: Present or last employer's name, address and phone number: u/o e—, e,)N Y ll�j r.1 A-(14 �.aTZ� C L%-_5 , C—'ter Position held and length of employment: �-� + EDUCATION: RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: 12 Yt25. NF3,( D . /�> SSiJ �� l�Mt '�'E tTY r4PtQ�l�iIEt� g-D-C � UMI J S 1 n N S f #,-f CSS P<'3 f TI-4 PJ-A Q(�< This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest , pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application Page 1 )00002 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC -ORGANIZATIONS: ^- OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: How did you learn abo t this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please complet the attached supplemental questionnaire. Feel free to attach a resume or other informatic n about yourself. I hereby certify, undei penalty of perjury, that the information on this application and attached supplement are true an J correct. 6 2 MAY -g � Signature: Date: Board, Committee & Commission Application Page 2 )o0003 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on the Planning Commission. 2. Have you ever attended a meeting of the Planning Commission? X Yes _ No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? �- 4. In your view, what is the function of the Planning Commission? is A 4 p u��t - J� � ���� �_ f ZS L I r Y G-AJ �VL-1 cA T I U tJ 5 , p=71-11 d p j S � C , G. .�1...� f-f-�A 2 tl�► L, S � `� =L ) �=fZ,Q j �- a 5. How would you see your role as a member of the Planning Commission? ')00004 Supplemental Application Planning Commission Page 2 6. What are the cur ent issues facing 9 the Planning Commission? l� T t! I S o >J ►Z Zv f l -M-Li N 7otJ A.I 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. ,S Q �1)AF3LE� 4�4-:5/ 5 NTZc3LLl J<; ?�l R=,cT A rR_d FIZr ,&Tj Gl Y .cl ! i� 8. If appointed, what specific goals would you like to see the Planning Commission achieve? 9. If there is addit onal information you would like to share about yourself, please use the following space 3rovided (optional). I hereby certify that the for of i or ation is true and correct. p Signature: liGnG� _ :e, Date: / Please return to: CITY CLERK 6500 Palma Avenue Room 208 ;iera•!R < 1979;;, MAY "' 21997 Atascadero, CA 93422 ; sCAD�:' TA OO CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Quesdonnaire for the advisory body you are applying for. NAME: 6e, RESIDENTIAL S%YX0,` oa AVUU-e-, Home Phone: ADDRESS: 0 0 (� _` f MAILING ADDRESS (if different): I Work Phone:5q I `5-9"1 Are you a resident of the City of A ascadero? -t �S How Long? o df geGll�s Are you a registered voter? YesNo l Social Security No,. S's77�/ OCCUPATION: (�Vl .� Ci Yl! 5711�e r✓��� EMPLOYMENT: Present or last employer's name, address and phone number: Co 1,(e 6 op— n — Position held and length of employment: Pre- EDUCATION: CCAgs'y C6J RG,3,, RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: Caw LY This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application Page 1 ,)00006 INVOLVEMENT. IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: 1 OTHER CITY COMMISS ONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: How did you learn about this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information. on this application and attached supplement are true an correct. Signature: l�;(.6 Date: Board, Committee & C mmission Application Page 2 ���ssellf\r'f CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on the Planning Commission. h e i h e: CM - Yov d , �f Ievirmyh"P, ue's 2. Have you ever attended a meeting of the Planning Commission?, Yes _ No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? J. cmm r l M a6dds 'i -L 4W aVVMLA'� &,/,j ( (fe.d a)^, Ce n K(/t Wutz 2jAx WeA L- F ,t T, m i- ed �k r�ca�n mid c .s 4. In your view, what is the function of the Planning Commission? UVU n nn � I ` K. 5. How would you see your role as a member 01 the Planning Commission? `S &Wt4hS �IA A ML'c' VVV M�t—R ')00008 Supplemental Application Planning Commission Page 2 i -- 6. What are the cur ent issues facing the Planning Commission? A4 4A d,PSLcv Y t 1- 0 7. Areou familiar with the City's General Plan, and if so, describe br' ly your views about Y p ment. the docu G1. 4; S W"L MAk- S � � • 8. If appointed, whit specific goals would you like to see the Planning Commiggsion achieve? 14 74 C�e rLIC) C b ( - va a n- l� tri e • � r L4, ZY kJ� 3�QY vGk�c4 9 If there is a itional information u would like to share about yourself, please use the following space provided (optional). I hereby certify that the foregoing i orma ' is true and correct. Signature: Date: M0009 0 10WR Please return to:CITY CLERK i 6500 Palma Avenue a ks `e;c: r�, DEv " 8 (997 Room 208 ;sera':R' Ri9 >�. Atascadero, CA 93422 CAD. co CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: D 2 l RESIDENTIAL / 1 1 6L— . �� ADDRESS: /07,Q0 Vf STC /�r /�/GSC �i7� �.�Y?Z Home Phone[�'O.S 05-h9/- Cd MAILING ADDRESS of different): ,�Cw►�� Work Phone&5) -3 Are you a resident of the City of Atascadero? e5 How Long? I J— qea ie S Are you a registered voter? Yes-X No Co_ Social Security No. _:530 12-6`I0 OCCUPATION: 6e ne Y Cti I0 � v) TMeZ30(,C1 fVt J COV1 Su i fav1,t EMPLOYMENT: Present or last employer's name, address and phone number: si(C C;n I)/(X,c </ fir- ' s /-3 L 2 S , eclit?y �t`'cc Position held and length of employment: C �o r\e Z U f i� lout E— w c ! loo S � • '�1 r � U�1 G Uig V Ovl / I �Si��eSs. EDUCATION: n f�iGIn �C (/,,,ccj i 1�6 .) 0.14 i wt ll i l L )ui-Aa ry u r leu si✓te C S OLy`.c( 7i�l C-'ykle- Co deCe RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: d.!Cel\ sec( C7e+\ef-C,( coy.I ra dofe Foci 1 q Veers #368556� /rocefred 'r'✓ U ID%s S�'c. Urso t �. rc�.. 12ev!eAJ �rY►Irvu ee mee K , �d C,cCe �� zo-VVI ev r S` �� e rv—Ce Ssen/ This application an suppl ment are publi documents" and fire available for view 4pon re ut. App ends are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City S Tjjin ( Clerk. � ( noJT�2�2 r)171 Prucerreco ocs ej �AwL� �� av\, Ao� y , ChC(MWJTU Nt ©�Mc1wC ()r0CeSiv►C, �Cv1 ILe Co,�.�.� or SC.C' Board, Commi tee & Commission Application Page 1 1)000 1 ) INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: B cis r-ev 10,0 s a. 1 i ire c, c- 2 V'C( 0 i reO d LA e Icacc.d e 00 0 W s C(L)b s ber - Cot,-AmcLr7 llssoC 'A 5-is- 4 C4 ro rZ SO cce� - l= IDat ( � cla,u�k+ H I�o..<( OTHER CITY COMMISS ONS, COMMITTEES OR(- OARDS PREV10 �L OR CURRENTLY SERVING ON: L� How did you learn about this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other informadoi i about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. t Date: 6ec, . 1 S 9 Signature: 5 7 Board, Committee & Cmmission Application Page 2 I ' ")00011 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please]explain why you /would like to (serve�onn the PPlanning/�Commission. } ,p r— r-oAe_ rYisl L cuv'e L (zcJ clewjr&keS l�� 'S ly (�.�c( lc( ' %r rao Q�se- Our inA >> ?d S'. 2. Have you ever attended a meeting of the Planning Commission? -X Yes _ No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? Oye V" — . �'��ayw-' v1G- C-X-) w. ► S 510 (G.ce-S- Q !'S 6 i-i O N f rov`.� Vivre. elecicuv,G: w L cth cleoeti w.,,.-+ ;fro,`as J' ' r"c.,k.e sevt. ; e v�nw�v�� ve', � c ,n, � G. co 1 1� ��w c� � � +* r i C+1 iate-e.10e, iYl fT"I'vG � ime �leui bGt.r lc r0 v,�c(�i�-1, i[Ommlss e ec( �'' av e��-AP-,- ti"V ��� u c m�%ejkat ��c h Cor��►►�� � �r��J Goc reef V Jr vie , w i th�function of a Vanni lo � Pro�ai,4 oL)%,- C-I'to Croo^ -')ooc Af-uJdt)&vieJ. r- G�P,ULNc��titit -LAeS' t?Xi �1t� S'rvtCer v�C� l� '�+vcvr�2 Of- 1( kaae & �e c Ao 1 ScJr rV 1C{(yt S Xe �e-s'I i" rfs, G &P- C e) le 0 ri�w-e-- W to mind, 5. How would you see your role as a member of the Planning Commission? Care t6 d (A ClpacJoya (;IV- a ror i a, tSa X11,( c,��u c�,Te Q. poi +� O r� ri alae i t rwL 4!�: dec' S tow NI, w a ke Seve lo Ci re'ride(IL�r "l�it�t3:i2 Supplemental Application Planning Commission Page 2 6. What are the current issues facing the Planning Commission? - Ze k ©(' / dcq, e 1 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. 6 L3 Lv-1 'S goo c( ICLO vd re ee e,k ed1CCJi Ove D 8. If appointed, what specific goals would you like to see the Planning Commission achieve? MorK rn G e rte, i Ze !Jv s�v�rS Gtr re FOr e VJOCJ;r\ OX,t'9Q, Q rr f 0 S( Vtes S Oceje, &19J46iAJ MR S t v►- � o�����... � OUR- 9. If (here is additional information you would like Nosi�re a o�u�se f;� vvie ea'�e use a el following spacerovided(( [optional). see - 6-v,,wJvi CQw•m i S Std S Q' 4re m r%G5U S' 9 0 cr-I o'l 10 S " in have- no axe- deajit4q Mopuets are_ I hereby certify that the forhoing information is true and correct. Signature: Date: ITEM NUMBER: A - 1 DATE: 01/13/98 ATASCADERO CITY COUNCIL MINUTES NOVEMBER 25, 1997 CLOSED SESSION, 6:30 P.M.: 1) Conference with labor negotiator: Agency gotiator: City Attorney Employet organizations: Mid-Management/Professional, Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascade o Sergeants Service Orgn., Atascadero Police Officers Assoc., Atascade o Public Safety Technicians Orgn. Mayor Johns on adjourned the Closed Session at 7.40 p.m. and Roy Hanley, City Attorney, announced that there was no action taken by the Council during the Closed Session. OPEN SESSIO1, 7:00 P.M.: Mayor Johnson called the Open Session to order at 7:12 p.m. and Council Member Carden led the P.edge of Allegiance. ROLL CALL: Present: CouncilMembers Carden, Clay, Lerno, Luna and Mayor Johnson Absent: None. Others Present: Marcia M. Torgerson, City Clerk; Rudy Hernandez, City Treasurer Staff Present: Wade McKinney, City Manager; Roy Hanley, City Attorney; Steve DeCamp, Acting Community Development Director; Brady Cherry, Community Services Director; Lt. Bill Watton, Acting Police Chief; Rachelle Rickard, City Accountant. CITY COUNCIL REORGANIZATION: A. Council ppointment of Mayor and Mayor Pro Tem Mayor Johnson explained that annually the Atascadero City Council reorganizes, choosing a new mayor and mayor pro tem. He also thanked City of Atascadero employees for th it support during the last year. `Mayor Johnson also thanked the support staff of the'Council. He also thanked the Council Members for their cooperation during his year as mayor. Mayor Johnson then turned the meeting over to Marcia Torgerson, City Clerk, to ha dle the election of the new mayor and mayor pro tem. The City Clerk asked for nominations for the office of mayor. Council Member Lerno nominated Council Member Carden. Council Member Clay seconded the nomination. Mayor Johnson moved that the nominations be closed. Council Member Carden was unanimously elected to the Mayor position by a voice vote. B. Presentation to outgoing Mayor Ray Johnson Mayor Carden presented a plaque to outgoing Mayor Johnson for his leadership and service to the community as mayor. Mayor Carden asked for nominations for the office of mayor pro tem. Council Member Clay nominated Council Member Johnson. Council Member Lerno seconded the nomination. Mayor Carden moved that the nominations be closed. Council Member Johnson was elected to the Mayor No Tem position by a voice vote 4.1 (Luna opposed). C. Review committee appointment Mayor Carden asked that the Council Members and City staff give him letters of interest In the various committees. He will then review the list of committees and make the appointments at the next meeting. APPROVAL OF AGENDA: Approved 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Council Member Clay complimented Acting Police Chief, Bill Watton, for hiring an Atascadero resident to the Police Department. Mayor Pro Tem Johnson complimented the Police Department on their work in solving the check scam. COMIVIUNITY FORUM: Eric Greening, 7365 Valle,,thanked Council Members Clay and Luna for attending the ANTA's "Day of the Oak." He stated that the City of San Luis Obispo seems to be in the process of detaching the Salinas Dam issue from the Nacimiento issue while they still claim they are going to approve the projects. He also discussed legal strategies for the North County. Mr. Greening explained that he has left pertinent information regarding this issue with the City Clerk for the Council's review. CC 11/25/97 Page 2 of 10 Council Member Clay thanked Mr. Greening for taking the time to attend these meetings and the time hes ends researching the issues and sharing his thoughts with the Council. William Zimmerman, 6225 Lomitas Road, congratulated Mayor Carden and Mayor Pro Tem Johnson. H expressed his opinion that he would be very proud of our City if next year the senior m mber of the Council, George Luna, is chosen for the Mayor position. Mr. Zimmerman also stated his displeasure for the ad by the Integrated Waste Management Authority urging people to send empty 2 liter Coke bottles back to Coca- Cola because they don't use recycled materials. Also, the EVC paper, which recently supported the He st development, also lobbied and asked others to speak out in favor of the project. Mr. Zimmerman was opposed to the tone of the article, as public funds support the EVC He requested that the Council study major SLOCOG, EVC, Air Pollution Control actions that are pending and have more contact with the Council's representatives in these organizations so as to assure they are aware of the Council's position on those actions. Council Member Luna stated that as a member of the IWMA, he supports the sending back of plastic bc ttles to Coca-Cola. He stated that yes, it is expensive, but it is a way of sending a messag to the company that they need to produce recycled products. Robert Nimmo, 7375 Bella Vista Road, expressed his appreciation to the Council for the thankless job they perform. He stated that the satisfaction of their job as public servants will come from their own inner knowledge that they have done the best job they could for Atascadero. PRESENTATIONS: 1. "Proclam2tion to the World", presented by Bishop Swensen of the Church of Jesus Chr st Latter-day Saints. The proclamation expresses the importance the family plays in the lives of all of us. 2. Greg Goodwin - Economic Vitality Corporation update Mr. Goodwin, President and Chief Executive Officer of the Economic Vitality Corporation of San Luis Obispo County gave the Council an update on the EVC's progress. He explained that in 1998 they will be assisting Atascadero to conduct a strategic pIan for the community. Their most notable success in Atascadero this year is B nnema Brewing Co. Mr. Goodwin explained that Atascadero made a loan guarantee of$80,000, which enabled Bonnema Brewing to secure $750,000 of small business administration funding. They will create employment for over 70 employees which will mean 1.4 million dollars per year in salaries for Atascader . Council Member Clay asked Mr. Goodwin to work with the new owners of the Carlton . Hotel. Mr. Goodwin stated that he will be working with the Economic Round Table on setting priorities for Atascadero's future. He explained that the Carlton Hotel might not meet the criteria et out by the ERT, but the future tenants probably will. CC 11/25/97 Page 3 of 10 Council Member Luna asked if the Council can have a copy of his report in writing. Mr. Goodwin responded, yes. Mayor Pro Tem Johnson asked Mr. Goodwin to share with the Council what the EVC goes through before it approves a project that is before a local elected body. Mr. Goodwin explained that the process followed by the EVC was to support a project if the local elected body support the project. He also stated that the Hearst Project, which the EVC supports, is only in the concept stage. Mayor Carden asked Mr. Goodwin when the strategic initiatives for Atascadero will be set and when would there be a document in place to work from concerning retention programs and attraction programs. Mr. Goodwin responded that the EVC has been encouraging the ERT to set a date and move forward. There has been some delay as a result of the hiring of the new City Manager. He explained that the City Council will need to meet with the ERT and key staff and then the EVC will begin an 8-week process of developing a 5-year vision for Atascadero. He stated that he will be available in early Spring. Mr. Goodwin said that if the Council would like to see copies of the strategic plan that the EVC put together with Grover Beach, he would be happy to make them available. He stressed that this is a very worthwhile process. Mayor Carden stated that he was hoping for some more immediate guidelines for current business owners. Mr. Goodwin said that the EVC would be able to sit down with Atascadero and work on such a project. Council Member Clay asked who is involved in creating a strategic plan for Atascadero. Mr. Goodwin explained that the City Council is the base. Also included in the process would be key Administrative staff, the City Manager, key Planning and Community Development staff, and 8-10 members of the community chosen by the Council. It would be an 8-week process. All participants would be asked to commit to 1 '/2 hours per week, 6:30 - 8:00 a.m. in the Council chambers. This group would do a strengths, weaknesses, opportunities and threats analysis, which is basically a business plan. CORRESPONDENCE - None A. CONSENT CALENDAR: Roll Call 1. City Council Minutes - October 28, 1997 (City Clerk recommendation: Approve) 2. City Treasurer's Report - October 1997 - No Fiscal Impact (City Treasurer's recommendation: Review & accept) 3. October 1997 Audited Bills and Payroll -Fiscal Impact: $936,448.15 (Staff recommendation: Review & accept) CC 11/25/97 Page 4 of 10 4. El Camino Real Bikeway Improvements - Fiscal Impact: $27,016.57, previously budgeted (Staff, recommendation: Accept improvements as complete and authorize release of project retention, less liquidated damages) 5. Surface ans ortation Program Funding Applications - Approve applications for Regional nd Urban State Highway Account funds for the next 6-year funding cycle - Fiscal Impact: $4,500, previously budgeted for updated of CIP (Staff recommedation: Approve by minute order) 6. Purchase of 17-12assenger accessible bus through State Department of General Services Fiscal Impact: $37,803, plus 1% state service fee, available in the FY 97198 Budget through a UMTA Section 18 Grant (Staff recommendation: Adopt Resolution No. 101-97) 7. Report or Construction Agreements for Paloma Creek Park Flood Dama e Restoration, Atascadero Lake Outlet Diversion Dike and Atascadero Creek Pipeline ',epairs - Fiscal Impact: Paloma Creek project $13,000, FEMA-Grant funded; A ascadero Lake project$19,975.50,funded by existing allocation in General Fund Drainage Account, Atascadero Creek project$21,000, FEMA- Grant fu ed (Staff recommendation: Authorize City Manager to execute three separate agreements with A-Jay Excavating, Inc.for flood control and repair projects) 8. Su ort ffir AB1151 which codifies the implementation of daytime curfews No Fiscal Im 9act (Staff recommendation: Adopt Resolution No. 102-97) 9. Establishment of a no-parking zone at 5585 El Camino Real - To improve sight distance for vehicles exiting the Atascadero Police Station - Fiscal Impact: Curb painting estimated at $20 (Traffic Committee recommendation: Adopt Resolu- tion No. 05-97) 10. Installation of stop intersection on Magdalena Ave. at Mercedes Ave. - Fiscal Impact: Estimated at$100.00 (Traffic Committee recommendation: Adopt Resolution No. 106-97) 11. Establishment of a no-parking zone at 5905 East Mall - To improve access for Dial-a-Ride buses at this location - Fiscal Impact: Cost of curb painting esti- mated at 20 (Traffic Committee recommendation: Adopt Resolution No. 104- 97) 12. Second readiniz of Ordinance No. 335 amendment to nighttime curfew reizulatio is - No Fiscal Impact (City Attorney recommendation: Motion to waive reading in full and adopt on 2nd reading by title only) 13. Second reading of Ordinance No. 336 amendin the PERS contract to include the 0' Level of the 1959 Survivor Benefit for Safety members - No Fiscal Impact (Staff recommendation: Motion to waive reading in full and adopt on 2nd reading ty title only) CC 11/25/97 Page 5 of 10 Council Member Luna pulled Item #A-9. Council Member Clay announced that he would be unable to vote on Item #A-9. Eric Greening pulled Item #A-8. RE: Item #A-8: Eric Greening urged Council to disregard staff recommendation and ask staff to return with a resolution opposing AB 1151. He stated that Atascadero is home to hundreds of home-schoolers to whom this legislation would be a slap in the face by making it a crime to not be in school during school hours. Mayor Pro Tem Johnson asked the City Attorney if this Resolution is saying that home schoolers can be arrested for not being in school. Roy Hanley, City Attorney, stated that he did not read it that way. Council Member Luna asked if the City Attorney had read the Assembly Bill. Mr. Hanley responded that he did not prepare the report in front of the Council tonight, however, he has paid some attention to the Assembly Bill. He stated that he did not think it was intended to affect the parents' decision to home-school, however, it is a problem to watch. Mayor Carden asked Acting Police Chief Watton was his view was on this issue, since the Police Department would be the enforcement agency. Lt. Watton responded that this item is only supportive; it is not something that Atascadero is going to institute at this time. Mr. Hanley added that if AB 1151 passes, it will give this Council the authority, within constitutional parameters, to pass a daytime truancy ordinance. Council Member Luna stated that he would feel more comfortable if he could read the Assembly Bill 1151 before supporting it. PUBLIC COMMENT Barbara Alward, 7600 Marchant Ave., a home-schooling parent, expressed her opposition of Assembly Bill 1151. She stated that there is documentation that the ordinance that has been implemented in other cities, based on this bill, has led to harassment of home schoolers. Council Member Clay asked Lt. Watton if the schools have a truancy policy. Lt. Watton responded, yes. Mayor Carden asked the Council if he was hearing enough concern from the Council Members to bring this item back at a later date with more information. Mayor Pro Tem responded that he agreed. Brendalee Gorbahn, Atascadero, a home-schooling parent. She expressed her opposition of this Assembly Bill. Council Member Clay expressed his opinion that if whatever we are doing now is working, let's now change it. CC 11/25/97 Page 6 of 10 --end PUBLIC COMMENT— . Mayor Carden recommended to staff that Item #A-8 be tabled and brought back to Council at a later date with more information. RE: Item #A-9: Council Member Clay stepped down on this issue due to a potential conflict of interes . Council Member Luna stated that this item comes as a recommendation Ifom the Traffic Committee. Since Council Member Luna is the Council's representative on the Traffic Committee, he recommended that the Council send this item back to the Traffic Committee. He stated that he was under the impression that Peabody and Plum had been notified twice about this item with no response. Now the Council has received a letter from Peabody and Plum expressing opposition.- There pposition:There was consensus of the Council to send Item #A-9 back to the Traffic Committee for review. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to approve Items #A-1, 2, 3, 4, 5, 6, 7, 10, 11, 12, and 13. Motion passed 5:0 by a roll-call vote. B. PUBLIC ARINGS: (no items submitted) C. MANAGEMENT REPORTS: 1. Providing workers compensation coverage for authorized volunteers and appointed officialspursuant to Labor Code 3363.5 -No Fiscal Impact (Staff recommendation: Adopt Resolution No. 107-97) Wade McKinney City Manager, gave the staff report. Mayor Pro Tem ohnson asked if there is any fiscal impact with this issue. Mr. McKinney respo ded, no. He explained that the cost of workers' compensation is based on wages. As the volunteers do not receive wages from the City, this would not affect our cost of work rs' compensation coverage. --no PUBLIC C MMENT-- MOTION: By Council Member Luna and seconded by Council Member Clay to adopt Resolution No. 107-97. Motion passed 5:0 by a roll-call vote. 2. Re ort on Atascadero Creek/River Gardens Drainage Issues - No Fiscal Impact (Staff recommendation: Request technical and financial assistance from the U.S. Army Cors of Engineers to prepare a flood plain management plan for Atasca- dero Creek) CC 11/25/97 Page 7 of 10 Brady Cherry, Acting Public Works Director, gave the staff report. Council Member Clay stated that he felt the focus should be on the area where the creek . exits in the River Gardens area. Mayor Pro Tem Johnson stated that he felt since there are concerns of the entire watershed area, it might be to our advantage to review the entire issue. Council Member Luna stated that he supported looking at this issue and getting some expert help. However, he said that he hoped that the Corps of Engineers has learned from the days when they lined the Los Angeles River with concrete. There was consensus of the Council to support getting technical and financial assistance from the U.S. Army Corps of Engineers to prepare a flood plain management plan for Atascadero Creek. 3. Information Bulletin: A. North County Council B. Joint City Councils Meeting Wade McKinney, City Manager, stated that the Joint Meeting is definitely going to be on January 8, 1998. Mayor Carden reviewed the items for that agenda. Council Member Luna asked if Senator Jack O'Connell and Tom Assemblyman Bordonaro were being sent invitations. Mayor Pro Tem Johnson responded, yes. C. Employee Update D. ATTORNEY REPORTS (no items submitted) E. COMMITTEE REPORTS S.L.O. County Mayors Groua Mayor Pro Tem Johnson stated that two weeks ago the Mayors met with Ruth Brackett. He said that she made it clear to the Mayors that the Cities do not have the County's support on increasing the sales tax. S.L.O. Council of Governments/S.L.0. Regional Transit Authority Mayor Carden stated that SLOCOG meets next week and he does want to sit down with Rachelle Rickard, Acting Finance Director, before that meeting to get a written statement of all the items we have submitted or are in process of submitting. CC 11/25/97 Page 8 of 10 Cit /Scho l Committee Council Member Lerno stated that there isn't a committee. Wade McKinney, City Manager, stated that they are going to meet at some point, but we are re formulating the committee. North County Council Mayor Pro Tem Johnson said that the next meeting is on December 8, 1997 which Mayor Carden will now be attending. Ad Hoc Regional Water Management Committee Council Member Clay explained that Herman Schwartz gave an interesting presentation concerning water usage in agriculture. Council Member Clay was especially interested in the fact that grapes use less water than alfalfa. F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Cou Icil Council Member Luna stated that he read the minutes in his packet and was surprised y some of the comments credited to him. However, after some thought, I a decided that he had said those comments and stated that he thought the minut s were excellent. Mayor Prb Tem Johnson asked for verification that there is only one meeting in Decembe . The City Manager responded, yes. Mayor Carden asked Council Member Luna about the memo the Council received from him regarding cars for sale. Council Member Luna stated that on Morro Road, in 1he area of A&W, people park boats and cars with for sale signs. He said that Arroyo Grande has an ordinance that says if you park a vehicle with a for sale sign on a public street, not in front of your house, you can leave it there for no more thar 24 hours. If you leave it longer, it will be ticketed and possibly towed at the owkers expense. May qr Carden asked staff to put this issue on a future agenda. Mayor Carden also stated that he would like to see a business incentives program separate f rom a strategic plan. Cijy Cler Marcia T rgerson, City Clerk, stated that Planning Commissioner, Robert Johnson gave the City his resignation as of November 21, 1997. She explained the process to fill his term, based on the Atascadero Municipal Code, stating that she would be advertising in the newspaper for interested citizens. Council Member Clay asked what the time-frame is. Ms. Torgerson explained when the ad would be in the newspaper and stated that it was up to the Council to decide how to proceed after that. CC 11/25/97 Page 9 of 10 There was consensus of the Council to advertise for interested citizens and have the City Clerk come back to the Council with their applications. G. ADJOURNMENT: Mayor Carden adjourned the Regular Session at 8:47 p.m. to the next scheduled Regular Session on December 9, 1997. RECORDED AND PREPARED BY: Marcia M. Torgerson, City Clerk CC 11/25/97 Page 10 of 10 ITEM NUMBER: A-2 DATE: 01/13/98 ATASCADERO CITY COUNCIL MEETING TUESDAY,DECEMBER 9, 1997 CLOSED SESSION,6:30 P.M.: 1) Conference with legal counsel—Pending litigation (Govt. Code Sec. 54956.9(a)) Name of c ase: Tilley v. City of Atascadero 2) Conference with legal counsel—Pending litigation(Govt. Code See. 54956.9(a)) Name of ase:Poletti v. City of Atascadero 3) Conference with labor negotiator(Govt. Code Sec. 54957.6): Agency N gotiator: City Manager Departmej`t Heads Compensation Mayor Carden djourned Closed Session at 7.02 p.m. and Roy Hanley, City Attorney, . announce that the Council gave him direction on settlement negotiations REGULAR SES ION,7:00 P.M.: Mayor Carden called the Regular Session to order at 7:06 p.m and Council Member Luna led the Pled a of Allegiance. 'ROLL CALL: Present: Council Members Clay, Johnson,Lemo,Luna and Mayor Carden Absent: None. Others Present: Marcia M. Torgerson, City Clerk Staffpresent: Wade McKinney, City Manager;Roy Hanley,City Attorney; Gary Kaiser,Associate Planner; Brady Cherry, Community Services Director; Lt.Bill Watton,Acting Police Chief;Rachelle Rickard, City Accountant and John Neil,Assistant City Engineer. APPROVAL OF AGENDA: Approved 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: None. PUBLIC COMM ENT: David Duncan, P.O. Box 362, spoke concerning the potential flooding from Atascadero Lake. He stated that the reason for the previous flooding is the raising of Morro Road 2-3 feet several years ago. Mr. Duncan expressed his concerns;regarding the drainage of Atascadero Lake. He read into the record a letter he had previously sent to the City Manager. Eric Greening, 7365 Valle,gave an update on the Salinas Dam issue. The completion of the EIR will be in March 1998. The EIR will not be available to the public until the Nacimiento EIR is complete. Arthur Gentry, 5525 Capistrano Ave., spoke about Falcon Cable programming. He stated that the TBN channel, a local channel in San Luis Obispo, should be included in Falcon schedule. He asked the City to look into this issue. He then read an article about Noah's arc. Rush Kolemaine, P.O. Box 1990, explained the pens he left at the Council's seats. They were from his Mexico vacation. Mimi Nash, 8360 Prado Lane, spoke about the new Community Link,which is a community resource center in Atascadero. She gave the Council a handout with information about Community Link which is located at 5901 East Mall. She stated that Atascadero lacks appropriate supervised youth activities. Ms: Nash explained Community Link's services and goals. --end PUBLIC COMMENT— Council asked staff to update them on the drainage situation and Falcon Cable.: Brady Cherry, Acting Public Works Director, explained that the City has had few problems so far as a result of the rains, however, leaves are needing to be cleared from drainage areas. With regards to Atascadero Lake, he stated that we have begun the construction of a levee at the Lake. Mr. Cherry explained the drainage plans,for the future of the Lake such as a cement drainage area at the spillway. These actions will hopefully prevent flooding such as was experienced in March 1995. Also, he explained that he has spoken to Fish and Game. They do not have any jurisdiction as to whether the Lake should be drained. They will hold off stocking it with fish until the Lake fills again from rain runoff. Council Member Clay asked about the size of the culvert under Morro Road. Mr: Cherry responded that it is five feet in diameter. Council Member Clay also asked if we will be shutting the valve after the berm is built. Mr. Cherry responded, no. Mr. Cherry answered additional questions of Council Member Clay. CC 12/09/97 Page 2 of 7 Mayor Pro Tem Johnson added that proper drainage is the key. We all would like to see a full Lake, but most importantly, we want to prevent flooding. Mayor Carden asked if Falcon Cable would be coming to the Council. Roy Hanley, City Attorney, responded that he would bring a report back to Council at the January 13, 1998 meeting. Mayor Pro Tem Johnson asked that the issue of Falcon telling their customers to call the City with complaints should be reviewed. Council Member Clay announced that the Youth Task Force is made up of a group of 30- 35 interested citizens who are not only interested in our youth but doing something for our youth. CORRESPOND NCE: None. A. CONSENT CALENDAR: Roll Call 1. City Cou cil Minutes - November 12, 1997(City Clerk recommendation: Approve) 2. Minor Rod Repair Projects - FY 96/97 - Accept completed improvements, release pr ject retention. - Fiscal Impact: $12,524.27, previously budgeted. (Staff recommendation: Accept) 3. General Plan Amendment Cycle 97-2 - Initiation of General Plan Amendment Applicata ns - No Fiscal Impact - (Staff recommendation: Receive &file.) 4. Memorandum of Understandin - Between the City of Atascadero and the Atascadero Fire Captains Bargaining Unit - Fiscal Impact: $92.64 - (Staff recommendation: Adopt Resolution No. 109-97) 5. Acce tan e of Final Tract Ma Tract 2233 10780 El Camino Real - Division of a 3.61 aci a site into 24 parcels (Shores-Shannon/Sholders) - No Fiscal Impact - (Staff recommendation:Accept) Council Member Luna and Mayor Pro Tem Johnson pulled Item #A-3. Council Member Clay pulled Item #A-5 because of a potential conflict of interest. Rush Kolemaine pulled Item #A-2. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to approve Items #A-1, 4, and 5. Motion passed 5:0 by a roll-call vote (Council Member Clay abstaining on Item #A-5) RE: Item #A-2: Mr. Cherryave a brief staff report. Mr. Kolemaine apologized to the g P Council as he int nded to pull Item #A-3. CC 12/09/97 Page 3 of 7 RE: Item #A-3: Mr. McKinney gave a brief staff report. Mayor Pro Tem Johnson wanted to make sure that the Parks and Recreation Commission has a chance to review these General Plan Amendments. Mr. McKinney explained that they would be reviewing them before they came back to Council. Council Member Luna was also concerned about the Parks and Recreation Commission. He also expressed concern that there are no descriptions of the proposed projects. Council Member Luna stated that he would be voting no on this item as he doesn't know what he's voting for. Mr. McKinney stated that he appreciated Council Member Luna's comments, and would make sure that the descriptions appear when the Council reviews this item again. Mayor Carden asked if, in the future, this type of item could be brought to Council as a business item with no action required rather than being a consent item. Council Member Luna agreed. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson to approve Item #A-2. Motion passed 5:0 by a roll-call vote. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay to approve Item #A-3. Motion passed 4:1 by a roll-call vote. (Luna opposed) B. PUBLIC HEARINGS: (no items submitted) C. MANAGEMENT REPORTS: 1. 1996 and 1997 Audit Reports - No Fiscal Impact - (Staff recommendation: Review and accept) Rachelle Rickard, City Accountant, introduced Bim Miller, Audit Manager, Moss, Levy & Hartzheim who presented the audits. Mr. Miller then answered questions from the Council. The Council commended Ms. Rickard for turning the Finance Department around and making it possible for the auditors to complete these reports before the mid-year budget review. Council Member Luna discussed overhead information he created which compare property taxes and sales taxes to population (see Attachment A). He expressed his concerns with the financial status of the city. He stated that it is his opinion that sales tax will not save the City. Council Member Luna went on to explain that, in his opinion, the increase of revenues over expenditures has occurred because the employees have either been cut back or haven't had a raise in 4-5 years. He stated that he wants to send a message to the employees that he's aware of the fact that they went through some difficult times. He went on to say that he feels it's too soon to consider extravagant CC 12/09/97 Page 4 of 7 raises, but it is something that the Council is going to have to look at soon. He also stated . that he feels the Council needs to continue to be careful about how they spend Atascadero's money. Ms. Rickard reit rated that these audit reports gave Atascadero some incredible news. We turned around the General Fund by 1.3 million dollars in 2 years and got rid of our going concern note. 2. Diablo Canyon Use Tax Sharin - Fiscal Impact:Potential gain 97-98, $20,000, Potential gain 98-99, $40,000, Potential long-term loss is unknown - (Staff recomme dation:Authorize City Manager to sign a MOU with the County) Mayor Carden stepped down on this item due to the potential conflict on interest that his employer is PG&E. Mayor Pro Tem Johnson asked the City Manager to brief the Council. Wade McKinne , City Manager, gave a brief staff report. Council then asked questions of Mr. McKinney. Lengthy discussion ensued. --no PUBLICCOMMENT— There was Council consensus to table this item until after the January 8, 1998 Joint Council meeting. i3. Information Bulletin: A. F i hwa 41/101 Interchan e C Duncil Member Clay stated that he wanted to express his concern that u itil they get the interchange completed, they will leave the temporary b idge in place. Mr. McKinney responded that the new set of plans show that the interchange improvements are actually more extensive then originally proposed. Council Member Clay also suggested that Atascadero should consider purchasing the existing, temporary bridge a ross the Salinas River as a second crossing for the future. B. Employee Update Acting Police Chief Bill Watton discussed the newly-hired police officers. D. ATTOR14EY REPORTS: (no items submitted) E. COMMITTEE REPORTS S.L.O. County Mayors Grou Mayor Pro Tem Johnson will be attending the next meeting, December 12, 1997. CC 12/09/97 Page 5 of 7 City/School Committee Mayor Carden announced that this committee will be tabled in the future. Economic Round Table Mayor Pro Tem Johnson stated that they met last week. They are working at ways to re-vitalize the information that comes from the ERT. North County Council Mayor Carden stated that the Executive Committee met on Monday. When they meet again, they will be reviewing their charter, direction, goals and objectives and determine whether they will continue to meet. Ad Hoc Regional Water Management Committee Council Member Clay stated that the last meeting was not very well attended. They are very interested in the North County Council and want to provide a representative from the committee. He also stated that Ken Weathers gives an excellent presentation and Council Member Clay suggested that he give the same presentation to the Planning Commission. Mayor Carden asked if staff would let him know of the details of the Charters for the water committees before he finalizes his appointments for Council. F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Clay stated that he has received many compliments on the bike lanes. He asked when are they going to be extended. John Neil responded that we currently have funding from SLOCOG to extend the bike lanes south to Santa Barbara Road. We have funding applications in process to extend the north end. Mayor Pro Tem Johnson stated that he will be out of town during the holidays. Brady Cherry announced that the department heads are having a holiday luncheon for the employees on Wednesday, December 17' at 12:00 p.m. in the rotunda room. He invited the Council to attend. Mayor Carden announced that the Wine Festival donated $8,500 to the Zoological Society. He added that they have tickets on sale that would make great Christmas presents. Council Member Clay stated that he has been on the Council for one year and, in that time period, he has noticed that the community's attitude has improved. CC 12/09/97 Page 6 of 7 G. ADJO NT: THE CITY COL NCIL HAS CANCELLED ITS REGULAR MEETING OF DECEMBER 231 D DUE TO THE CHRISTMAS HOLIDAY. THE NEXT REGULAR MEETING ISS HEDULED FOR JANUARY 13, 1998. Mayor Carden adjourned the Regular Session at 8:37 p.m. to the next Regular Meeting scheduled on January 13, 1998. RECORDED A14D PREPARED BY: Marcia M. Tor erson, City Clerk Encl: A tachment A - Council Member Luna's overhead charts CC 12/09/97 Page 7 of 7 ITEM NUMBER: A — 3 DATE: 01/13/98 CAMI City Treasurer's Agenda .Report Rudy Hernand z Treasurer's Report - November 1997 RECOMMEND TION: City Treasurer and St ff recommend that Council review and accept the November 1997 Treasurer's Report REPORT IN BRIEF: Cash and Investments Checking $ 555,098 Certificates of Deposit 1,027,776 LAW 6,221,167 Cash with Fiscal Agents 263,634 Cash in Banks at November 30, 1997 $ 8,067,675 Deposits in Transit 9,841 Outstanding Checks (334,375) Cash and Investments at November 30, 1997 $ 7,743,141 FISCAL IMPAC : None RESPONSIBLE EPARTMENT Finance ATTACHMENT : Cash and Investments Activity Summary Cash and Investments by Fund Time Deposits, Certificates of Deposit, Savings and Local Agency Investment Fund Schedule of Certificates of Deposit Page 1 of 5 CITY OF ATASCADERO TREASURERS REPORT CASH&INVESTMENTS ACTIVITYSUMMARY • FOR THE MONTH OFNOVEMBER 1997(UNAUDITED) CHECKINGFISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at November 1, 1997 $ 263,646 $ 7,698,943 $ 314,059 $ 8,276,648 Receipts 679,427 1,075 680,502 I Disbursements (837,975) (51,500) (889,475) Transfers In 450,000 450,000 Transfers Out (450,000) (450,000) Balance per Banks at November 30, 1997 $ 555,098 $ 7,248,943 $ 263,634 8,067,675 Deposits in Transit 9,841 Outstanding Checks (334,375) Adjusted Treasurer's Balance $ 7,743,141 CITY OF ATASCADERO R Y HERN EZ City Tre user • Page 2 of 5 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS BY FUND NOVEMBER 1997 RESERVED UNRESERVED CASH(1) CASH(2) TOTALS POOLED CASH General Fund $ 1,612,266 Gas Tax Fund 123,752 Development Fee Fund 9,094 Community Development Block Grant (30,407) Police Development Fees Fund (2,309) Fire Development Fees Fund 34,815 Parks&Rec Development F es Fund 24,491 Drainage Development Fees and 241,044 Amapoa-Tecorida Fees Fund 121,250 Public Works Development I ees Fund 432,673 Street Maintenance Districts and 50,717 TDA Non-Transit Fund 198,714 Sidewalk Fund 45,342 Capital Projects Fund 75,983 Camino Real Construction Ft nd 31,062 Dial-A-Ride Fund 81,441 Wastewater Operations Fund 1,701,327 Sewer Facilities Fund 2,495,468 Assessment District#3 6,229 Assessment District#4 44,332 Assessment District#5 653 Camino Real Debt Service Fund 48,820 92 Street Improvement Assessment Fund 52,166 Assessment District#7 (2,087) Assessment District#8 647 Assessment District#9 57,928 Assessment District#10 _(528) 89 COP Debt Service Fund 963 Tree Plant Fund 23,666 Tree Association Fund (5) Total Pooled Cash $ 342,449 $ 7,137,058 $ 7,479,507 CASH WITH FISCAL AGE VT Wastewater Operations Fund 4,321 Camino Real Debt Service Fi tnd 206,936 . 92 Street Improvement Asse sment Fund 51,744 89 COP Debt Service Fund 633 Total Cash with Fiscal Ag ent $ 263,634 $ - 263,634 Total of All Cash $ 7,743,141 Page 3 of 5 CITY OFATASCADERO TREASURER'S REPORT TIME DEPOSITS, CERTIFICATES OF DEPOSIT SAVINGS AND LOCAL AGENCYINVESTMENT FUND NOVEMBER 1997 INVESTMENT INTEREST AMOUNT EARNINGS Orange County Investment Pool/TRAN $ - $ 1,609 (6) Orange County Investment Pool - 51,206 (6) Local Agency Investment Fund(3) 6,221,167 269,106 Certificates of Deposit(see attached schedule) 1,027,776 48,170 TOTAL $ 7,248,943 370,091 Mid State Interest Received 14,414 TOTAL INTEREST RECEIVED $ 384,505 (5) Notes: (1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) On July 1, 1997, the City received $1,200,000 in the form of a Tax Revenue Anticipation Note (TRAN). The City must repay this amount including $ 53,850 of interest (4.50% per annum) on June 25, 1998. The total repayment($1,200,000+$53,850) is $1,253,850. (4) November 1997 interest yields were as follows: Orange County Not available LAIF 5.71% Mid-State 2.43% (5) This is the 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. Furthermore,--with the exception of the Orange County Investment Pool, interest earnings are reported on a calendar year basis. (6) On December 6, 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a loss of$1,155,283.04 on 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. Page 4 of 5 CITY OF ATASCADERO TREASURER'S REPORT SCHEDULE OF CERTIFICATES OF DEPOSIT NOVEMBER 1997 UR CHASE MATURITY YIELD YTD BANK DATE DATE RATE AMOUNT INTEREST Santa Lucia Bank 46/19/97 12/19/97 5.00% $ 36,776.00 $ 922.33 Atascadero Union Bank 6/26/97 12/23/97 4.75% $ 99,000.00 $ 4,501.06 Atascadero Great Western Bank 6/28/97 12/28/97 4.98% $ 100,000.00 $ 4,876.55 Atascadero Bank of Santa Maria 7/24/97 1/27/98 5.01% $ 99,000.00 $ 4,686.39 Templeton First Bank&Trust 7/26/97 2/28/98 5.48% $ 99,000.00 $ 5,076.47 Santa Maria Bank of America 7/30/97 1/30/98 4.40% $ 99,000.00 $ 4,180.00 Atascadero 5.22% 99 00 6 668.61 Los Padres Savings 8/12197 2/8/98 $ 0.00 $ , Santa Maria Wells Fargo Bank 8/22/97 2/22/98 4.50% $ 99,000.00 $ 4,182.75 San Luis Obispo First Bank of SLO 8/19/97 2/19/98 5.40% $ 99,000.00 $ 3,954.56 San Luis Obispo West America Bank 8/23/97 2/23/98 5.00% $ 99,000.00 $ 4,562.63 San Luis Obispo Santa Barbara Bank& 9/6/97 3/6/98 5.24% $ 99,000.00 $ 4,558.54 Trust-Santa Maria TOTAL $ 1,027,776.00 $ 48,169.89 Page 5 of 5 ITEM NUMBER:'`A 4 DATE: 01/13/98 ■ 19 City Manager's Agenda Report Wade G. .McK ney NOVEMBER 1997 ACCOUNTS PAYABLE & PAYROLL RECOMMEND ION Approve certified Ci accounts payable,payroll and payroll vendor checks for November, 1997. DISCUSSION Attached for City Cot ncil review and approval are the following: • Payroll Period End 11'07/97 Ck. #32751-32885 $ 119,118.21 Period End 1121/97 Ck. #32904-33032 $ 123,608.48 Special Payroll None Ck. # $ - Payroll Vend Dated 11/14/ Ck. #32886-32903 $ 44,136.51 Dated 11/26/97 Ck.#33033-33051 $ 45,258.55 Dated 11/30/ Ck. #33052-33058 $ 34,944.25 Accounts Dated Novem er 1-30, 1997 Ck. #59987-60353 $ 499,994.43 Ck. #EFT08-EFT09 $ 42,659.68 Dated 11/25/97 Wire Transfer First Trust Bank $ 26,875.00 (1982 sewer bond payment), TOTAL AMOUNT $ 936 595.11 )00014 City Manager's Agenda Report November 1997 Accounts Payable and Payroll Page Two FISCAL IMPACT Total expenditures for all funds is$936,595.11 CERTIFICATION The,undersigned certifies that the attached demands have been released for payment and that funds are available for these demands, Dated: December 12, 1997 a helle Ri kard,Accountant Approved by the City Council at a meeting held January 13, 1998. • Marcia M. 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X u , IN, .` :M C I I Q •.i - i OCi 0- j ITEM NUMBER: A - 5 DATE: 01113/98 i s VA City Mana er's Agenda Report Wade G. McKinney Lease of the Atascadero Youth Recreation Center Building on'Frid y nights to Youth Network/Friday Variety Night RECOMMENDA IONS: Staff recommends ColIncil approve a lease between the City of Atascadero and Youth Network/Friday Varie ' Night, for the use of the Atascadero Youth Recreation Center and authorize the City Mai tager to execute the same. DISCUSSION: Background: Youth etwork/Friday Variety Night, formerly Spotlight Ministries,has conducted a Teen Drop-in Recre tion Program at the Youth Center during the past two years. This Drop-in program is a non-relig ious,event provided as an alternative for teens on Friday nights from 6:00 until 10:00 p.m.,thro ghout most of the year. This past year Friday I farietyNight had an average attendance of over 100 children per night, with an average of 25 idult volunteers. This free program, coordinated by Delinda Madero and Sue Guerrero,provide kids with a place to hang out and meet with their friends. The Program is well supervised and m my organized activities are provided..Some of the activities include,live music,drama, dance a id games. A snack bar is also provided. This program has been extremely successful and thePro gam Coordinators have requested an additional years rental of the Youth Center. Analysis: Youth,Ne rk/Friday Variety Night and the City of Atascadero Community Services Department share a c(mmon goal of providing positive, supervised activities for the youth of our community. Staff fee s that the Friday Variety Night program is a good partnership and is in keeping with the inter.ded purpose of the Youth Center. In addition,Friday Variety Night has proven to be a very reliable tenant. As such, staff recommends that they be allowed to continue use of the Youth Center under the terms of the attached lease.' The Atascadero Parks and Recreation Commission has voted unanimously to recommend approval of this lease irrangement. ')00024 ITEM NUMBER: A- 5 DATE: 01/13/98 FISCAL IMPACT: Youth Network/Friday Variety Night will be responsible to pay the City$75.00 per month which will pay for the utility costs in proportion to the time and amount of space leased. RESPONSIBLE DEPARTMENT: Community Services ATTACHMENTS: Lease Agreement-Contract No. 98001 • ')00025 CITY OF ATASCADERO CONTRACT ## 98001 CITY OF ATASCADERO LEASE AGREEMENT This Leas Agreement is made and entered into this date December 29, 1997, by and between the City of Atascadero, a Municipal Corporation, organized and existing under the general laws of the State of California, hereinafter referred to as "Landlord", and Youth Network/Friday Variety Night, a youth outreach prograint, hereinafter referred to as "Tenant. " 1. PARTIES 1.1 Landlord 1 . 1 .1 The Landlord is the City of Atascadero, Atascadero, California, whose mailing address and physical address for notice under the terms of this Agreement is as follows: City of Atascadero Attn: Director of Community Services 6500 Palma Avenue Atascadero; California 93422 1.2 Tenant 1 .2 . 1 The tenant is Youth Network/Friday Variety Night, whose mailing address and physical address for notice under the terms of this A reement is as follows: Youth Network/Friday Variety Night P.O. Box 946 Atascadero, California 93423 2. LEASE PREMISES 2.1 Description of Premises 2 . 1 . 1 As used herein, the terms "premises" or "leased premises shall mean the building and real property described in "Exhibit All attached hereto, and which is hereby incorporated herein. Unless the context otherwise requires, such terms shall LEASE AGREEMENT 1 YOUTH NETWORK/FRIEAY VARIETY NIGHT ')0002. CITY OF ATASCADERO CONTRACT # 98001 include the building and other improvements presently existing or to be constructed in which the premises are or will be situated, and all fixtures heretofore or hereafter to be installed by Landlord therein. 2 . 1 .2 As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use the premise, together with such easements for ingress and egress as are necessary for Tenant' s use and occupancy of the leased premises, on every Friday night from 6: 00 p.m. to 10: 00 p.m. 2.2 Parking Facilities Tenant acknowledges and agrees that any parking spaces provided by Landlord in and around the building or the leased premises are solely for the Youth Recreation Center and the convenience of the clients of Tenant or its members, unless otherwise specifically designated by the Landlord in writing. 3. TERM OF LEASE The term of this Lease shall begin on January 2, 1998. Subject to extension or sooner termination as hereinafter provided, this Lease shall continue for the term of one (1) year, until December 31, 1998 . 4 . RENTAL 4 .1 Minimum Annual Rent 4 . 1 . 1 Tenant agrees to pay to Landlord a minimum monthly rent of $75, 00 during each month of the term of this Lease. The monthlyrent shall be due and payable on the f' p y first day of each month. All rents shall be paid • in lawful money of the United States at the location designated in Section 1 . 1 . 1 and at such place as Landlord shall designate to Tenant from time to time in writing. 4 . 1 .2 If so provided in "Exhibit C" attached hereto and which is hereby incorporated herein, the minimum monthly rent shall be adjusted at the times and in the manner specified in "Exhibit C", and Tenant agrees to pay Landlord the minimum monthly rent, as so adjusted, at the times and in the manner provided by this Lease. LEASE AGREEMENT 2 YOUTH NETWORK/FRIDAY VARIETY NIGHT ')0002'7 CITY OF ATASCADERO CONTRACT # 98001 4 . 1 .3 Should Tenant fail to make any payment of rent within ten (10) calendar days of the date when such payment first becomes due, -or should any check tendered in payment of rent be returned to Landlord by Tenant's bank for any reason; then Tenant shall pay to Landlord, in addition to such rental payment, a late charge in the amount of ten percent (10%) of the annual rent, which the parties agree is a reasonable estimate of the amount necessary to reimburse Landlord damages and additional costs not contemplated by this Lease that Landlord will incur as a result of the delinquent paym nt or returned check, including processing and accounting char es and late charges that may be imposed on Landlord by its lender. Upon notice of nonpayment given by Landlord to Tenant, the entire amount then due, including such late charge, shall thereafter bear interest at the rate of fifteen percent (15%) until paid in fill. 5. INTENTION OF PARTIES; NEGATION OF PARTNERSHIP Nothing in this Lease is intended and no provision of this Lease shall be onstrued to make Landlord a partner of or a joint venturer with T nant, or associated in any other way with Tenant in the operation o the leased premises, or to subject Landlord to any obligation, loss, charge or expense resulting from or attributable to Tenant's operation or use of the premises. 6. PROPERTY TIMS AND ASSESSMENTS 6.1 Personal Property Taxes Tenant shall pay, before delinquency, all taxes assessed against any pertonal property of Tenant installed or located in or upon the leased premises and that become payable during the term of this Lease. 6.2 Real Property Taxes 6.2 . 1 In addition to all other rent payable by Tenant hereunder, Tenant agrees to pay as additional rent its proportionate share of real property taxes if any, or any increases in real properti taxes over taxes paid in the first year of this Lease, levied or assessed against the land and the building in which the leased premises are situated. Real property taxes for any fractional portion of a fiscal year included in the lease shall be prorated on the basis of a 360-day year. LEASE AGREEMENT 3 YOUTH NETWORK/FRID Y VARIETY NIGHT ')00Cti8 I CITY OF ATASCADERO CONTRACT # 98001 6.2 .2 Each year, Landlord shall notify Tenant of its proportionate share of the real property taxes payable by Tenant hereunder and Tenant shall pay Landlord the amount payable by Tenant at the time and in the manner provided for payment of rent. 6.2 .3 This Lease may create a taxable possessory interest. Tenant shall pay any possessory interest tax which may be levied as a result of Tenant's possessory interest in this leasehold. Possessory interest means any interest described in Section 107 of the California Revenue and Taxation Code, or successor .statute and includes any interest described in Section 107.4 of the same Code, or its successor statute. This section is deemed to comply with Section 107 . 6 of the same code. 6.3 Taxes Defined; Special Assessments The term "real property taxes", as used in this Section, shall mean and include all taxes, assessments, and other governmental charges, general and special, ordinary and extraordinary, of any kind and nature whatsoever, levied or assessed against all or any part of the building and other improvements and the land of which the leased premises are a part, including but not limited to assessment for public improvements, benefits or facilities (including parking district assessments) which shall be levied or assessed against the land and/or building or any part thereof, but excluding franchise, estate, inheritance, succession, capital levy, transfer, income or excess profits tax imposed upon Landlord. If at any time during the term of this Lease, under the laws of California, or any political subdivision thereof in which the leased premises are situated, a tax or excise or rents or other tax, however described, is levied or assessed against Landlord on account of the rent expressly reserved hereunder, in addition to or as a substitute in whole or in part for taxes assessed or imposed by California or such political subdivision on land and/or buildings, such tax or excise shall be included within the definition of "real property taxes, " but only to the extent of the amount thereof which is lawfully assessed or imposed as a direct result of Landlord' s ownership of this Lease or of the rental accruing under this Lease. With respect to any assessment which may be levied against or upon the building, land or improvements of which the leased premises are a part, and which under the laws then in force may be evidenced by improvement or other bonds, or may be paid in annual installments, Tenant shall be required to pay each year only the amount of such annual installment or portion thereof as Landlord shall be required to pay during such year (with appropriate proration for any partial year) and shall have no obligation to continue such payments after the . termination of this Lease. LEASE AGREEMENT YOUTH NETWORK/FRIDAY VARIETY NIGHT 4 ')0002'0 • CITY OF ATASCADERO CONTRACT # 98001 7. LANDLORD'S MANAGEMENT OF BUILDING 7.1 Mana ement of Buildin Landlord shall have the right, in its sole discretion, to: 7 . 1 . 1 Close the premises when and to the extent . necessary for maintenance or renovation purposes; and 7 . 1 .2 To change the plan of the building to the extent necessary for its expansion, or the remodeling or renovation thereof, so long as the changes do not substantially interfere with ingress to and egress from or the location of the leased premises. 7.2 Rules and Regulations Landlord shall have the right from time to time to promulgate, amend and enforce against Tenant and all persons upon the leased premises, reasonable rules and regulations for the safety, care a d cleanliness of the premises and the building or for the preservation of good order; provided, however, that all such rules and regulations shall apply substantially equally and without discrimination, and no such rule or regulation shall require Tenant o pay additional rent. Tenant agrees to conform to and abide by such rules and regulations, and a violation of any of them shall constitute a default by Tenant under this Lease. 8 . USE: LIMITATIONS ON USE 8.1 Tenant's Use of Premises Tenant agrees that the leased premises shall be used and occupied only for the purpose specified herein which is: to operate a variety nigh program for youth, and for no other purpose or purposes without Landlord's prior written consent. Tenant agrees diligently to conduct its business operations in all of the leased premises regularly and continuously during the term hereof. 8.2 Limitations on Use Tenant' s use of the leased premises shall be in accordance with the following requirements: 8 .2 . 1 Insurance Hazards. Tenant shall neither engage in nor permit others to engage in any activity or conduct that will cause the canc llation of or an increase in the premium for any LEASE AGREEMENT 5 . YOUTH NETWORK/FRID Y VARIETY NIGHT '.)00030 CITY OF ATASCADERO CONTRACT # 98001 fire insurance maintained by Landlord, and will pay any increase in the fire insurance premiums attributable to Tenant' s particular use of the leased premises. Tenant shall, at Tenant's sole cost, comply with all requirements of any insurance organization or company pertaining to the use of the premises necessary for the maintenance of reasonable fire and public liability insurance covering the building. 8.2 .2 Compliance with Law. Tenant shall, at Tenant's sole cost and expense, comply with all of the requirements, ordinances and statutes of all municipal, state and federal authorities now in force, or which may hereafter be in force; pertaining to the leased premises and the use and occupancy thereof by Tenant. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any such ordinances or statutes in the use of the premises shall be conclusive of that fact as between Landlord and Tenant. 8 .2 . 3 Waste; Nuisance. Tenant shall not commit, or suffer to be committed, any waste of the leased premises, or any nuisance or other unreasonable annoyance which may disturb the quiet enjoyment of the owners or occupants of adjacent areas, buildings or properties. 9. ALTERATIONS 9.1 Change by Tenant Any alterations, additions, improvements or changes, including any remodeling or redecorating, that Tenant may desire to make in, to or upon the leased_premises, shall be made at Tenant's sole cost and expense and in compliance with all applicable governmental requirements. All such alterations and improvements shall be made only after first submitting the plans and specifications therefor to Landlord and obtaining the consent of Landlord thereto in writing. Any such alterations or improvements shall at once become a part of the leased premises and, unless Landlord exercises its right to require Tenant to remove any alterations that Tenant has made to the premises, shall be surrendered to Landlord upon the expiration or sooner termination of this Lease. LEASE AGREEMENT 6 YOUTH NETWORK/FRIDAY VARIETY NIGHT ')00031 CITY OF ATASCADERO CONTRACT # 98001 9.2 Mechanics' Liens Tenant agrees to keep the leased premises and any improvements thereon 'at all times free of mechanics' liens and other liens foi labor, services, supplies, equipment or material purchased by or directly or indirectly furnished to Tenant. 10. UTILITIES 10.1 The suspension or interruption in utility services to the leased premises for reasons beyond the ability of Landlord to control shall not constitute a default by Landlord or entitle Tenant to any reduction or abatement of rent. 11. TENANT'S PERSONAL PROPERTY 11.1 Installation of Proper Landl rd shall have no interest in any removable equipment, furniture or trade fixtures owned by Tenant or installed in or upon the leased premises solely at the cost and expense of Tenant, other than heating, ventilating and air conditioning equipment installed in or affixed to the leased premises or the building in which they are situated. Prior to creating or permitting the creation of any lien or security or reversionary interest in an removal of personal property to be placed in or upon the leased premises, Tenant shall obtain the written agreement of the party holding such interest to make such repairs necessitated by the removal of such property and any damage resulting therefrom as may be necessary to restore the leased premises to goo condition and repair, excepting only reasonable wear and tear, in the event said .property is thereafter removed from the leased premises by said party, or by any agent or representative thereof or purchaser therefrom, pursuant to the exercise or enforcement of any rights incident to the interest so created, without any cost or expense to Landlord. 11.2 Remo 1 of Personal Proper Provided that Tenant is not then in default, at the expiration of this Lease, Tenant shall have the right to remove at its own cost and expense all removable equipment, furniture or trade fixtures weed by or installed at the expense of Tenant on the leased premises during the term of this Lease, other than any heating, ventilating or air conditioning equipment installed by Tenant. All such personal property shall be removed prior to the close of business on the last day of the lease term, and Tenant LEASE AGREEMENT 7 YOUTH NETWORK/FRID Y VARIETY NIGHT ')00032 CITY OF ATASCADERO CONTRACT # 98001 shall make such repairs necessitated by the removal of said property and any damage resulting therefrom as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear. Any such property not so removed shall be deemed to have been abandoned or, at the option of Landlord, shall be removed and placed in storage for the account and at the cost and expense of Tenant. 12. CARE AND MAINTENANCE 12.1. Tenant's Maintenance 12.1 . 1 Except as otherwise provided in this Lease, Tenant at its own cost and expense, agrees: A. To maintain throughout the lease term in good and sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) the interior of the leased premises, including flooring, exposed plumbing, lighting lamps and wiring, paint and finish; (b) any windows or skylights; (c) the storefront; (d) any personal property of Tenant situated in or upon the leased premises; and (e) any heating, ventilating or air conditioning equipment installed by Tenant in or upon the leased premises. B. To notify Landlord promptly of any damage to the leased premises or the building in which they are situated resulting from br attributable to the acts or omissions of Tenant, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Tenant' s sole cost and expense. C. To provide janitorial services for the interior of the leased premises. 12 . 1 .2 Tenant waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Tenant' s right to make repairs and to deduct the expenses thereof from the rent payable by Tenant. 12 . 1 .3 Landlord shall provide janitorial and trash collection services to the common and exterior areas of leased premises. Tenant shall provide janitorial and trash collection services to the interior areas of the leased premises. LEASE AGREEMENT 8 YOUTH NETWORK/FRIDAY VARIETY NIGHT ')00033 • CITY OF ATASCADERO CONTRACT # 98001 13. INDEMNITY AND INSURANCE 13.1 Indemaification Agreement This Lease is made upon the express condition that Landlord is to be free from all liability and claims for damages by reason of any injury to any person and damage to any property (including Tenant' s) , resulting from any cause whatsoever while, in, upon, about, or in any way connected with the leased premises are located during the term of this Lease, including without limitation, damage or injury caused by the elements or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, plumbing, air conditioning, or other electrical or mechanical fixtures or equipment, excluding only any damage or injury caused b the breach by Landlord of a duty imposed by law or under this Lease. Tenant hereby waives all claims against Landlord for, and agree to indemnify and hold Landlord harmless from any liability, damage, loss, cost or expense, including attorneys fees, for any injury or damage to persons or property resulting from or attributable to the fault or neglect of Tenant. 13.2 Public Liability and Property Damage . 13.2 . 1 Insurance Coverage. Tenant agrees to maintain in force throu hout the term hereof, at Tenant' s sole cost and expense, such insurance, including liability insurance against any liability to the public incident to the use of or resulting from any accident o curring in or about the leased premises, of the types and initially with the limits of liability specified in the Basic Provisio s. Such policies shall ensure the contingent liability of andlord and the performance by Tenant of its indemnity obligations under this Lease. Landlord shall be named as an additional i sured in each policy, and each policy shall contain cross-liability endorsements. The initial amount of coverage shall be $1, 000, 000. 13.2 .2 Adjustment to Coverage. Tenant further agrees to review the amo nt of its insurance coverage with Landlord every year (1 year) to the end that the protection coverage afforded thereby shall he in proportion to the protection coverage afforded at the commencement of this Lease. If the parties are unable to agree upon the amount of said coverage prior to the expiration of each such one (1) year period, then the amount of coverage to be provided by Tenant' s carrier shall be adjusted to the amounts of coverage recormended in writing by an insurance broker selected by Landlord. • LEASE AGREEMENT 9 YOUTH NETWORK/FRI AY VARIETY NIGHT CITY OF ATASCADERO • CONTRACT # 98001 13.3 Proof of Insurance Each policy of insurance required of Tenant by this Lease shall be a primary policy, issued by an insurance company reasonably satisfactory to Landlord, and shall contain an endorsement requiring thirty (30) days written notice from the insurer to Landlord before cancellation or changes in the nature, scope or amount of coverage. Each policy, or a certificate of the policy, together with evidence of, the payment of premiums, shall be deposited with Landlord at the commencement of the initial term of this Lease, and at the commencement of any renewal term. 13.4 Landlord's Insurance 13.4 . 1 Landlord shall maintain a program of insurance on the building in which the leased premises are situated, insuring against loss by fire and the perils covered by an extended coverage endorsement, and public liability insurance insuring against personal injury and property damage in the amounts not less than the fair market value of the building. 14 . DAMAGE OR DESTRUCTION 14 .1 Landlord to Repair Should the leased premises or the building and other improvements in which the premises are situated be totally or partially damaged or destroyed, Landlord shall promptly repair the same, except that Landlord shall have the option to terminate this Lease if (a) the leased premises or the building and improvements in which the premises are situated cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to Landlord; or (b) if the costs of such restoration would exceed one- half (1/2) of the full insured value of the building and other improvements in which the leased premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage of insurance having vandalism and malicious mischief endorsements: Any notice of termination given hereunder shall be given to Tenant within fifteen (15) days after Landlord determines the period of time required for and the estimated costs of such repair or restoration. LEASE AGREEMENT 10 YOUTH NETWORK/FRIDAY VARIETY NIGHT A0035 35 CITY OF ATASCADERO CONTRACT # 98001 14 .2 Termination; Abatement of Rent 14 .2 . 1 This Lease shall not be terminated by any damage to or destruction of the leased premises or the building and other improvemeiits of which the premises are a part unless notice of termination is given by Landlord to Tenant, or by Tenant to Landlord as pro ided by this Section 14, and Tenant hereby waives the provisions of Sections 1932 (2) and 1933 (4) of the California Civil Code with respect to any such damage or destruction. 14.2 .2 Should the leased premises be damaged or destroyed at any time during the term of this Lease, there shall be an abatement or reduction of the minimum monthly rent between the date of destruction and the date of completion of restoration, based on the extent to which the destruction interferes with Tenant' s use of the leased premises. In the event that any repairs or restoration of the leased premises permitted or required by Landlord are oE such a nature that they cannot reasonably be expected to be substantially completed within 270 days from the date any insurance proceeds first become available- to Landlord, then Tenant shall have the right to terminate this Lease by giving notice of termination to Landlord, specifying the effective date thereof, within ten (10) days after the period required to restore the premises has been determined. 14 .2 .B Should then-applicable laws or zoning ordinances preclude the restoration or replacement of the leased premises in the manner hereinbefore provided, then Landlord shall have the right to terminate this Lease immediately by giving written notice of termination to Tenant. 15. ASSIGNING, SUBLETTING AND HYPOTHECATING 15.1 Voluntary Transfers Tenant shall not sell, transfer or assign this Lease or any part thereof, or interest therein, or hypothecate or grant any, rights hereunder, or create or permit any subleases for the leased premises. 16. DEFAULT BY TENANT; LANDLORD'S REMEDIES 16. 1 Insollrency of Tenant If during the term of this Lease (a) the Tenant shall make an assignor nt for the benefit of creditors; or (b) a voluntary or involuntary petition shall be filed by or against the Tenant under the law h wing for its purpose the adjudication of the Tenant as bankrupt, or the extension of time of payment, composition, LEASE AGREEMENT 11 YOUTH NETWORK/FRIDAY VARIETY NIGHT ')0003S CITY OF ATASCADERO CONTRACT # 98001 adjustment, modification, settlement or satisfaction of the liabilities of the Tenant, or to which any property of the Tenant may be subject and, if the petition be involuntary, if said petition be granted; or (c) a receiver be appointed for the leased premises by reason of the insolvency or alleged insolvency of the Tenant and said receiver is not discharged within ten (10) days, or upon the hearing of a timely filed petition to dismiss, absolve or otherwise terminate the receivership, whichever shall later occur; or (d) any department of the state or federal government, or any officer thereof duly authorized shall take possession of the leased premises and the improvements thereon by reason of the insolvency of the Tenant and the taking of possession shall be followed by a legal adjudication of the insolvency, or bankruptcy, or receivership of _Tenant, then upon the occurrence of any such contingency, Landlord shall be entitled to terminate this Lease for breach thereof by Tenant by giving written notice of termination and the same shall expire as fully and completely as if the day of such notice were the date herein specifically fixed for the expiration of the term of this Lease, and the Tenant will then quit and surrender the leased premises and the improvements thereon to Landlord, but the Tenant shall remain liable as hereinafter provided. 16.2 Breach of Covenant; Abandonment, Etc. If during the term of this Lease, Tenant (a) shall make default in fulfilling any of the covenants or conditions of this Lease (other than the covenants for the payment of rent or other charges payable by the Tenant hereunder) ; or (b) shall abandon the leased premises, then the Landlord may give the Tenant notice of such default or of the happening of any contingency in this paragraph referred to, and if at the expiration of ten (10) days after the service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the case of a default or contingency which cannot with due diligence be cured within a period of ten (10) days, if the Tenant fails to proceed promptly after the service of such notice to prosecute the curing of such default with all due diligence within a reasonable period of time, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.3 Failure to Pay Rent, Etc. If the Tenant shall make default in the payment of the rent expressly reserved hereunder, or any part of the same, or shall make default in the payment of any other rent or charge required to be paid by the Tenant hereunder or any part of the same, and such default shall continue for three (3) days after LEASE AGREEMENT 12 YOUTH NETWORK/FRIDAY VARIETY NIGHT ")0003'7 CITY OF ATASCADERO CONTRACT # 98001 notice thereof by the Landlord, the Landlord may terminate this Lease and upoi such termination, the Tenant shall quit and surrender the eased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.4 Termination of Lease It is understood and agreed that all the covenants and conditions of this Lease herein contained are covenants by Tenant and that in efault of Tenant' s fulfilling any of the same, Landlord may at any time thereafter at Landlord's option, forfeit this Lease and any holding over thereafter by Tenant shall be construed to bE a tenancy from month to month only, for the same rental payable in the same manner as provided elsewhere in this Lease. It is further agreed that in the event of any breach of this Lease by Tenant, then Landlord, besides any other rights or remedies Landlord may have, shall have the immediate right of re- entry and may r move all persons and property from the premises. 16.5 Landlord's Damages • If T nant breaches this Lease and abandons the premises before the end of the term, or, if Tenant' s right of possession is terminated by Landlord because of breach of this Lease pursuant to any of the foregoing provisions of this section, or otherwise, then in any such case, Landlord may recover from Tenant all damages suffered by Landlord as a result of Tenant' s failure to perform Tenant' s obligations hereunder, including but not restricted to, the worth at t e time of the award (computed in accordance with paragraph (b) of Section 1951 .2 of the California Civil Code) of the amount by which the rent then unpaid hereunder for the balance of the lease term exceeds the amount of such rental loss for the same period which the Tenant proves could be reasonably avoided by Landlord. It is further agreed that even though Tenant has breached this Lease and abandoned the property, the Lease may continue in effect for so long as Landlord does not terminate the Tenant' s right to possession, and the 'Landlord may enforce all of the rights and remedies under this Lease, including the right to recover the rent as it becomes due under the Lease (in accordance with paragraph (b) of Section 1951 .4 of the California Civil Code) . Nothing contained herein shall diminish or take away the right of the Landlord to seek and obtain such equitable relief against Tenant as may be appropriate. 16. 6 Remedies Not Exclusive The Landlord, in addition to the rights hereinbefore given in case Of Tenant's breach or default, may pursue any other remedy available to Landlord at law or in equity. LEASE AGREEMENT 13 YOUTH NETWORK/FRI AY VARIETY NIGHT R ')00038 CITY OF ATASCADERO CONTRACT # 98001 17. POWER OF RECEIVER Upon a default . by Tenant, Landlord shall have the right to obtain the appointment of a receiver to take possession of the leased premises and/or to collect the rents or profits derived therefrom, and Tenant irrevocably agrees that any such receiver may, if it be necessary or convenient in order to collect such rents and profits, conduct the business then being carried on by Tenant on said premises and that said receiver may take possession of any personal property belonging to Tenant and used in the conduct of such business, and may use the same in conducting such business on the premises without compensation to Tenant for such use. Neither the application for nor the appointment of such a receiver shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given by Landlord. 18. LANDLORD'S RIGHT TO CURE DEFAULTS Landlord, at any time after Tenant commits a default in the performance of any of Tenant' s obligations under this Lease, shall be entitled to cure such default, or to cause such default to be cured, at the sole cost and expense of Tenant. If, by reason of any default by Tenant, Landlord incurs any expense or pays -any sum, or performs any act requiring Landlord to incur any expense or pays any sum, including reasonable fees and expenses paid or incurred by Landlord in order to prepare and post or deliver any notice permitted or required by the provisions of this Lease or otherwise permitted or contemplated by law, then the amount so paid or incurred by Landlord shall - be immediately due and payable to Landlord by Tenant as additional rent. 19. WAIVER OF BREACH Any waiver, express or implied, by any party hereto, of any breach by any party of any covenant or provision of this Lease, shall not be, nor be construed to be, a waiver of any subsequent breach of the same or any other term or provision hereof. The acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default and shall constitute only a waiver of timely payment of the amount so received. • LEASE AGREEMENT 14 YOUTH NETWORK/FRIDAY VARIETY NIGHT 1)000.'9 CITY OF,ATASCADERO CONTRACT # 98001 20. SIGNS ADVERTISING Tenant shEL11 be entitled to place and maintain any sign or signs, if legally permitted, at a location on the exterior of the leased premises . No other signs, advertisements, notices or other exterior decoration or personal property of Tenant shall be placed upon or displa ed by Tenant on any part of the building or the windows of the leased premises, or upon or about the exterior of the leased prem' ses. 21. LANDLORD'S ENTRY ON PREMISES 21.1 Right of EntEy Landlord and its authorized representatives shall have the right to enter the premises at all reasonable times with 24 hours notice for any of the following purposes: 21 . 1 .1 To determine whether the premises are in good condition and whether Tenant is complying with its obligations under this Leas ; 21 . 1 .2 To do any necessary maintenance, repairs, restoration or remodeling to the building or the premises that Landlord has the right or obligation to perform; 21 .1 .3 To serve, post, or keep posted any notices required or allowed under the provisions of this lease, including "for rent" or ' for lease" notices during the last three months of this lease, or during any period while Tenant is in default, and any notices p ovided by law for the protection of Landlord' s interest in the leased premises; and 21 . 1 .4 To shore the foundations, footings, and walls of the building and to erect scaffolding and protective barricades around and abo t the building, but not so as to prevent entry to the premises, and to do any other act or thing necessary for the safety or preservation of the premises and the building if any excavation or other construction is undertaken or is about to be undertaken on a y adjacent property or area; 21 .1 .5 To gather information including measurement, prepare floor plans, etc. for the purpose of performing. architectural d sign work for the remodeling and/or rehabilitation of the building and premises. LEASE AGREEMENT 15 YOUTH NETWORK/FRIEAY VARIETY NIGHT �oaa�¢a CITY OF ATASCADERO CONTRACT # 98001 21.2 Exercise of Right Landlord shall exercise its rights under this Section in a manner that will not interfere unreasonably with Tenant' s use and occupancy of the leased premises; provided that Landlord' s entry and activities do not result from Tenant' s default, Tenant shall be entitled to an abatement or reduction of minimum monthly rent to the. extent that Landlord's entry and activities interfere with Tenant' s occupancy of the leased premises. Landlord shall not be liable in any other manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of Landlord' s entry on the premises as provided herein, except damage resulting from the acts or omissions of Landlord or its authorized representatives. 22 . SALE OR TRANSFER OF PREMISES If Landlord sells or transfers all or any portion of the premises, or the building, improvements and land of which the leased premises are a part, then Landlord, on consummation of the sale or transfer, shall be released from any liability thereafter accruing under this Lease. 23. SURRENDER ON TERMINATION; HOLDING OVER 23.1 Surrender of Premises Tenant agrees to return the leased premises (except removable trade fixtures, furniture and equipment owned or installed by Tenant) , to Landlord at the expiration or sooner termination of the lease term, in good condition and repair, reasonable wear and tear excepted. Should the Tenant hold the leased premises with the consent of Landlord after the expiration of the term of this Lease, . then such holding over shall be construed to be only a tenancy from month-to-month and subject to all of the conditions and agreements herein contained. 23.2 Removal of Alterations Landlord, by giving written notice to Tenant within ten (10) days before the expiration or termination of the lease, may elect to require Tenant to remove any alterations that Tenant has made to the premises, and if Landlord so elects, Tenant, at its sole cost and expense, shall remove the alterations specified by Landlord in its notice, and shall make such repairs necessitated by the removal of said alterations, and any damage resulting LEASE AGREEMENT 16 YOUTH NETWORK/FRIDAY VARIETY NIGHT ')000,11 CITY OF ATASCADERO CONTRACT # 98001 therefrom, as rcay be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear, before the last day of the lease term or within thirty (30) days of Landlord's notice, whichever is later. 24 . NOTICES All notices hereunder shall be in writing and shall be deemed to have been given upon personal delivery or on the second (2nd) business day following the date on which sent by mail, postage prepaid, addressed, to the addresses set forth in Section 1 . 1 and 1 .2 above unless changed in writing effective upon written notice to each party to this Lease. 25. JOINT AND SEVERAL LIABILITY Each person or entity named as a Tenant in this Lease, or who hereafter becomes a Party to this Lease as a tenant in the leased premises, or as an assignee of Tenant, shall be jointly _ and severally liable for the full and faithful performance of each and every covenant and obligation required to be performed by Tenant under the provisions of this Lease. • 26. BINDING ON SUCCESSORS, ETC. Landlord a d Tenant agree that each of the terms, conditions, and obligations of this Lease shall extend to and bind, or ensure to the benefit of (as the case may require) , the respective parties hereto, and each and every one of their respective heirs, executors, admi istrators, representatives, successors and assigns. 27. ATTORNEYS' FEES In the event that any legal action is instituted by either of the parties h reto to enforce or construe any of the terms, conditions or covenants of this Lease, or the validity thereof, the party prevailing in any such action shall be entitled to recover from the other party all court costs and a reasonable attorneys' fee to be set by the court, and the' costs and fees incurred in enforcing any judgment entered therein. 28. PARTIAL I ALIDITY If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unEnforceable, the remainder of this Lease or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this LEASE AGREEMENT 17 YOUTH NETWORK/FRIIAY VARIETY NIGHT ')00042 CITY OF ATASCADERO . CONTRACT # 98001 Lease shall be valid and be enforceable to the fullest extent permitted by law. 29. SPECIAL PROVISIONS I have read and understand the child abuse reporting laws. It is my understanding that it is the position of this agency that any suspected/or witnessed child abuse will be reported in the following manner whether the abuse is physical, mental, emotional, sexual, and/or neglect: 1 . A Suspected Child Abuse Report (SCAR) form will be filled out and mailed to the appropriate agencies within 24 hours. 2 . A phone call to either the appropriate police department or child protective services will be made. 3. All program staff and volunteers will be screened for previous child abuse or molestation related convictions through a mutually agreed upon process. Initial lessee Date 30. COMPLETE AGREEMENT This . Lease, and the attachments and exhibits hereto, constitute the entire agreement between the parties and may not be altered, amended, modified or extended except by an instrument in writing signed by the parties hereto. The parties respectively acknowledge and agree that neither has made any representations or warranties to the other not expressly set forth herein. LEASE AGREEMENT 1.8 YOUTH NETWORK/FRIDAY VARIETY NIGHT ")()0043 CITY OF ATASCADERO CONTRACT # 98001 IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date set forth opposite their respective names. Date: By: Tenant: DeLinda Madero, Coordinator Attest: LANDLORD, CITY OF ATASCADERO By: MARCIA TORGERSO , City Clerk HAROLD L CARDEN III, Mayor Approved as toform: ROY HANLEY, City Attorney LEASE AGREEMENT 19 YOUTH NETWORK/FRI AY VARIETY NIGHT ')00044 CITY OF ATASCADERO CONTRACT # 98001 EXHIBIT A . DESCRIPTION OF LEASED PREMISES: The Gymnasium, Dining Room and Kitchen portions of the Youth Recreation Center/Historic Printery Building of the City of Atascadero, an every Friday night from 6: 00 p.m. to 10: 00 p.m. See Map 1 of Site Map, attached to back of this agreement. Leased area designated as shaded area on attached map. ADDRESS: 6351 Olmeda Avenue Atascadero, California 93422 SQUARE FEET: N/A LEASE AGREEMENT 20 YOUTH NETWORK/FRIDAY VARIETY NIGHT '?000 #5 CITY OF ATASCADERO CONTRACT #k 98001 EXHIBIT B Tenancy to begi : January 2 1998 . • LEASE AGREEMENT 21 YOUTH NETWORK/FRIDAY VARIETY NIGHT W0046 CITY OF ATASCADERO CONTRACT # 98001 EXHIBIT "C" 1. RENT ADJUSTMENTS: Adjustments to rent will be reviewed on an annual basis. Any adjustments to rent will be made in JANUARY of each year. Minimum monthly rent for the term of this Lease Agreement shall be $75.00. 2. LATE CHARGE: Ten percent (100) of annual rent (see Section 4 . 1.3) . 3. PROPORTIONATE SHARES: A. Building Expense/Real Property Taxes: Not applicable. B. Insurance: Not applicable. . C. Utilities/Services . Not applicable. • LEASE AGREEMENT 22 YOUTH NETWORK/FRIDAY VARIETY NIGHT ')00047 CITY OF ATASCADERO CONTRACT # 98001 EXHIBIT "D" BUILDING RULES AND REGULATIONS The leased premises and. the building shall be used and occupied by Tenant and its agents and invitees in accordance with the following rules and regulations, as they may be amended from time to time by Landlord: 1 . Tenant and its agents and invitees shall `not obstruct the sidewalks, common halls, passageways, driveways, entrances and exits of the uilding; such facilities shall be used only for ingress to and egress from the leased premises. 2. All trash and refuse shall be stored in adequate containers and regularly removed from the premises. No trash or refuse of any kind shall be burned in or about the leased premises. 3. Tenant shall not alter any lock or install any new or additional loc or bolt on any door of the premises without Landlord' s approval, and shall furnish Landlord with a duplicate key for any such lock installed with Landlord' s approval. 4 . Tenant shall not mark, drive nails or screws, drill into the partitions, woodwork or plaster or in any way deface the premises. 5. All moving of furniture, freight or equipment of any kind shall be done at the times and in the manner prescribed by Landlord and through entrances prescribed for such purposes by Landlord. 6. User will be responsible for leaving the building in a clean and orderly fashion. 7. User must return equipment in the same condition as received and will be responsible for all damages and/or lost equipment. 8. User must remove all decorations and supplies form building after rental is completed. (Storage is not available) . 9. Garbage needs to be emptied into dumpster. (You must supply your own trash ags) . 10. Landlord Shall use its best efforts to enforce the Building Rules and Regulations on a uniform basis as to all tenants in the building, but Landlord shall not be responsible to Tenant or to any persons for the nonobservance or violation of these rules and regulations by any other tenant or other person. Tenant shall be deemed to have read these rules and to have agreed to abide by them as a condition to its occupancy of the leased premises. LEASE AGREEMENT 23 YOUTH NETWORK/FRI AY VARIETY NIGHT 'A)001#S CITY OF ATASCADERO CONTRACT # 98001 DECORATING POLICY 1 . All decorations must be flame retardant material. 2. No glitter, confetti, birdseed, hay, rice, or flower petals may be thrown or used as a decoration in or outside of the building. 3. Open flame decorations, such as candles or lanterns, are prohibited. 4. Any plants or shrubs brought in to the building must be in a waterproof container. 5. When decorating, do not fasten any decorations to light fixtures or floors. Scotch tape, masking tape, duct tape, thumb tacks, nails, staples, etc. , are not allowed. 6. All decorations belonging to the user must be disposed of immediately after the event. Any decorations left may be discarded by the Department immediately after the event. LEASE AGREEMENT 24 YOUTH NETWORK/FRIDAY VARIETY NIGHT ITEM NUMBER: B- 1 DATE: 01/13/98 PRO City Manager's Agenda Report Wade G. McKinney Rev ision of Ordinance No. 304 (Weed Abatement) RECOMMENDATION: Staff recommends to adopt the proposed Ordinance No.337(Vegetative Growth)as presented. Waive reading in full f proposed Ordinance No. 337. DISCUSSION: The current Ordinance No. 304 deals specifically with the abatement of weeds,refuse,and drainage ditches. Throughout the years,the weed abatement ordinance has been revised from time to time in a continuing effort to assure that the needs of the community are met. Some of the more notable chan ges have been ordinance clarification,revisions to the annual notice,and the addition of drainage ditches, and culvert maintenance. In April of 1997,Cou icil directed staff to review the current ordinance and return it to Council in early 1998. Councihr an Luna assisted in the preparation of the proposed ordinance. It is intended to be a more A) easily i inderstood document by deleting many unnecessary sections; B) user friendly by the proposed abatement notices; C) consistent by the addition of the actual regulations. Although there has been nearly a complete re-write of the ordinance,the mission has remained the same, and the requirements for the most part,received minor changes with one exception; that being the deletion of all parcels three(3)acres or less being completely mowed. There has been concern that Section 6-13.06,Drainage,Ditches, and Culverts may not belong in the proposed ordinance. The section continues to be included in the recommended ordinance. Council may want to 4 "scuss the appropriate placement of this section. FISCAL IMPAC : • No significant p p si ificant im act expected. ')0005€1 li ITEM NUMBER: B - 1 j DATE: 01/13/98- ALTERNATIVES. 1) Approve with the deletion of 6-13.06 Drainage,Ditches,and Culverts. 6-13.06 would then need to be included into the nuisance abatement ordinance Section to retain the regulations currently in place. This alternative was not recommended as staff deals with drainage in the same way as weed abatement,making the code section conveniently placed. 2) Approve a modified version. Staff does not recommend this alternative as the recommended ordinance deals with most concerns raised. 3) Take no action which keeps Ordinance No. 304 in effect. Staff does not recommend this alternative as the recommended ordinance deals with most concern raised. RESPONSIBLE DEPARTMENT: Fire Department ATTACHMENTS: Proposed Ordinance No.337 Abatement Notice Press Release • c- ')00051 ORDINANCE NO. AN ORDIN CE OF THE CITY COUNCIL OF THE CITY OF. ATASCADE RO AMENDING CHAPTER 13 TO TITLE 6 OF THE ATASC DERO MUNICIPAL CODE RELATING TO THE REMOVAL OF VEGETATIVE GROWTH AND/OR REFUSE The Council of the CiN o Atascadero ordains as follows: SECTION 1 Chapter 13 of Title 6 is added to the Atascadero Municipal Code to read as follows: 6-13.01. Cha t r 13. Removal of Weeds, Rubbish, a jAv A4 tA4ALQ. Wheneve the Fire Chief or his authorized representative shall find Weeds , refuse, e�eave 'Otl CeS beC iSec %fin 6>1 ' �r upon any property, lands, or lots in the City, which in h is opinion is or may become a fire hazard or a health and safety hazard, h shall Baud cause to be giveii to the owner of said property a notice to remc ve such weed-sI:-R-4 .bis , refuse, or ether- mate-Fial ye t� �i„tiMx . gxowth�an`d or r fust which may constitute a-fife hazard in the manner hereinafter provided in this part. 6-13.02. Definitions The following words and when used in this part, shall be defined as follo ws unless otherwise indicated: a) "City” shall mean the City of Atascadero. b) "Council" st all mean City Council of the City. c) "Drainage" hall mean any ditch, culvert, and/or pipe used as a means of public drainage or drainage control. l `)00052 d) "Fire Chief' shall mean the Fire Chief or authorized representative of the • Fire Chief. e) o ha e a s 3) Sagebrush, ehapaffal, and any other-b-n-1-s-h of 4A,48-eds w4ieh attain r_4-1_t,14 JA go fqA A h nn to beneme When �,rc: T1Yo vv�or�nno 1-n, - , n -. adjaeeat improved prrepeAy; eefistit„te n menaeo to publie safety by nrenting n fire hazafE-. f) "Property" shall mean and include lands, lots, drainage structures, drainage ways, and/or drainage easements. g) "Refuse" shall mean waste matter, appliances, abandoned automobiles,dunk, litter, trash, ase; debris, Fes, dirt,-dF}gr-ass, cutegetatiue growtl , dead trees wchteate ticxo tin cans, paper, waste material of every kind, or other unsanitary substance, object, or condition which is, or when dry, may become a fire hazard, or which is or may become a menace to health, safety, or welfare, or- whielh ;n f-Fe-Bsiye to the Senses. h) "Street" haQOriW public streets,-alleys, parkways, sidewalks, and areas between sidewalks and curbs. egeaiue{Growth ail meanfl a e e�a� ands e©mb�xs��ble�- QW�tI 6-13.03Weeds and44ebfia-a Mtai o e Public Nuisances The City Council may declare, by resolution in accordance with Sections 39561-39700 of the Government Code, that 6H weeds f a � sgrciw , as described in Section 6-13.04 A -, . R ° 2 )00053 refuse, WN' ' h are, or may become, a hazard upon or in front of private property to the center line of adjoining streets in the.City, are public nuisances. Also, it shall be unlawful for any property owner in the City to cause or permit any v ge growth descririconNOR . .' ar��ianGe, refuse to beef remain on any eal property in the City or on portions of streets adjoining such real property to the center line of such streets. It shall be the duty of every such pers n to ,.o,Y ave and destroy such;.*ee s _Ardler , ebr_;9 NOW——ti�erci h an einvve � estroy s The City Council �wrn r f..•.q" .' sY,.9✓'i�" � 5�' Fyo£.3T b_:s. ^,. may also decla weeds-v " etat' ygro4�th as seasonal and recurring nuisances. 6-13.04 Clearance Ve kt ive Win M __-... Any esn o ay n ro ert inthe Cit shall ?r . �'nin P P. . ' .. y (a) Maintai ;around structures;a firebreak made 54eYnovin clearing way "far a distance of not fess than 30 bet onleach i thereof o to , pJ_roperty line, whichever is nearer","',alfla a " ;. MA vegetati or ca mbustiblegrowth This paragraphoe o�tapp o single sp cimens of trees ornamenfalshrubbery or stm`17 arp at; are used s ground coven if they�do not fQrrn a means of rape l � transtriitt rig,f�refrorn the pative growth toanyuildingorsti � w {b) VIo Cdr rioxiois weeds wch;aretoeate� ti~i3�Ue buildin r structure or t`a the ro e line wh hexer ass ear P �.-. � �.,�a.- , (c) Mow dr noxioua�veedsJ`k0 feet o the edMINA ge d� ra d roada� X50 eSWfrom ea.cKpropertydine�anclf 0 eek ea z d (d) Q � baf o an o any reed at ends D o t �_ f. irtl ��o any `�imrieyor�s epi��:. 3 ')i1t3�5•� s,�"1 5 k- (2) �'his"sectt jn note£cons o o bid autho ze Ypres rib��d�lu na rove eb o land or lotab the res or rono� a ° (3) In�tiie ev tYthKany land` d c tie are rs xg described aboue-;are imp o cl spc�� ate ey ares Je &dinanc Mrson Iis "' ��< ' ,� �3t1with e " wrings easin nt of ing;opera or s rnaint�iru o ccupied e111ng„, o-ca�upiedJst tore o irnpraved lands gA�ll xnarnlenceaet1vat e ` tendo er r ri= measures ”equired by S t n 6 1 .O h 1 lie require n, improve 1""" 0-- desped ue 6 .13:06 verDraina e =bitclesTan° C�uluerts r. WK Any tree river, ditch culvert, and[or pipe used.aOinieans fop io drainage contro shall,be canedand mamtrneel` n a manner�thatdoe .,. N restrict the natu al or engineered�flowof nate"r N 6=13:07 Su`V ers din of LTnforn treCodeLTC: Section 6 :13 supersedes th`e Uniform Fire Code, Appends Sections 16 An 17. 6 .13.08 Notice to Destroy or Remove Woods aad4De449Ue etatrve Growth and/or Refuse In the event the person or persons owning;occupying, renting, managing, or cc ntrolling any real property in the City shall fail to remove therefrom and E-oin the portions of streets adjoining such property all weeds VA se vege ative growth as descn eed Sectitin 6` 4� F s in accordance With the provisions of this part, it shall be the duty of the Fire Chief or his authorized representatives to notify such person(s) to remove the same. The City Council may direct the City Clerk, in accordance with Section 39567.1 of the Government Code, to mail written notice of the proposed abatement to all persons owning property described in the 5 ')0005" resolution. The City Clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City Council. The address of the owner(s),shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Such notice shall be mailed at least fourteen (14) days prior to the time fixed for hearing objections by the City Council. 6-13.09 Form of Notice The Notice shall be substantially in the following form: NOTICE TO DESTROY VE�iET � �? �ROW�'.��ANDIOR REIVIO�VE`}Za� EUS , 7 Notice is hereby given on the day of , 19 , the City Council passed a resolution declaring that (insert the apppr hazard. o xous weeds�vegefative growth,refuse, etc ) constrtute3 a the appropriate term fire hazard or,health and safety hazards whc ns e abated ly the �nsert�he�appropriate phrase cutting of said noxious'w �� ore val of said health and safety hazard) If the owner does not ba e � & 4 aX +. � a� hazard till be abated by the C1ty and the cost of the removal asse e 'or, e �`a►unty propertytax billy and It06 alien upans c t uxi �lpa�d Reference is hereUmade to�he ire olution for furtherp z r,And�O d �c Ce•:�No 33.7 Ar �nr�,.orn,i�n „ive�S were ` r-ewifig ■is-��r py-opel4y An this stveet' and that , f4d5e,. or- in 49 t e f pr-epei4y o this street, it 44e City rte.Atasea erg and f ire paftieul ly dennrtbed i-n th-e revel»tiea5 and that they een-stiWte n p �l-.� n 7 woods,fluis—an-eve M-1-1st be _Abated by the F-effl-A-u-Al of 7 7 MA-4— dift. otherwise they will be any the fillisanee ALA ed by the City a-ad east A-f-r-effi-eval assessed upon the 1—And 4-effl- A-F. in _f4FAMA ef*&hi the W 7 7 J upon mink !aad inti paid. Reference is hereby M-Ad-e t`. tfie reselut on fi r er r.aAi; „�nrn. .A copy of said resolution is on file. in the.office of the City Clerk, 6 "W0057 A11propertyow ers Navin an objections to the proposed,removal of the , are hereby notified to attend a meeting of the C ity Council of the City of Atascadero to be held When their objections will be heard and given due consideration. Dated.this day of 19 Fire Chief City of Atascadero 9 �, Hearing of Ob'ections . At the tini e stated in the notices, the council shall hear and consider all objections x to the proposed removal ofvege a rveR wMnc�r xe n, At the conclusion of the hearing, the Council shall allow or overrule any objections. At that time,the City acquires jurisdiction to proceed and perform the work of abatement. The decision of the Council is final. Order t Abate Nuisance If objections have not been made or after the Council has disposed of those made, it sliall order the Fire Chief to abate the nuisance(s). x . : estru tion and Removal ofWoods e b Cit - .�..... In the ev nt the person or-persons owning, occupying, renting, managing, or controlling real property in the City shall fail to remove or destroy we o fan t% s` , in accordance with provisions of this ordinance within ten (10) calendar days after the hearing of objections an order to abate nuisance, it shall be the duty of the Fire Chief and his deputies, assistants, employees,contacting agent, or 7 'Woobs other representatives to destroy or remove such woods an r-@Puse Ram t re se, aid they ,aatt utteh efthe , are hereby expressly authorized to enter upon private property for such purpose-,-", It shall be unlawful for any person to interfere, hinder, or refuse to allow them to enter , upon private property for purpose a*4 to destroy or remove �n nr�� re�i�no � gam' 3r .. � '. �_��� ve ti z o.. pan `.or , in accordance with the provisions of this part. Any person owning, occupying, renting, managing, leasing, or controlling real property in the City shall have the right to destroy or remove v eta e y , or have the same destroyed or removed at his own expense,`at any time prior to the arrival of the Fire Chief 9 x his authorized representatives for such- purpose(}. 13Account and Report of Cost of Abatement The Fire Chief isen shall keep an account of the cost of abatement for each separate lot or parcel of land. He shall submit such itemized written report, showing such cost, to the Council for confirmation. Such reportshallrefer toeachseparate lot or parcel of land by description sufficiently reasonable to identify the same,together with the expense proposed to be assessed against it,which shall include charges sufficient to pay for the administrative costs of the program. 13:1 Notice of Report and Hearin The Cit Clerk shall make a aY a copy of such report and City J4 assessment list at hislher officeall or.flear-the deer-- of the Geuneil meeting together,with the notice of the filing thereof and of the time and place when and where it will be submitted to the Council for hearing and confirmation. The pigdopy shall be av for at least five (5) calendar days prior to the submission of the Council. fx 3r15 Hearing of Report; Modification; Confirmation of Report At the time and place fixed for receiving and considering the report, the Council shall hear the same,together with any protests or objections of the property owners liable to be assessed for the abatement. Upon the conclusion of such hearing, the Council shall then confirm the report by 8' motion and the mount thereof shall constitute a lien on the property assessed until paid. The confirmation of the assessment by the Council shall be final and conclusive. , ReDort to Assessor and Tax Collector; Filing Copy of Re ort with County Auditor ` A certifi d copy of the report'shall be filed with the County Auditor on or before August 10`'of each year for entry of such assessment of the County tax roll. In the event the report cannot be prepared in time for the County Auditot to enter.the assessment on the next immediate tax roll, the certified copy may be filed with the County Auditor anytime before August 10' of the succeeding year. 613.17.`Collec ion of Assessment,• Penalties and Procedures for Foreclosure The amo nt of the assessment shall be collected at the time and in the, manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalt es and procedure of foreclosure and sale provided for ordinary municipal taxes. SECTION 2 The City Clerk shall cause this ordinance to be published once within fifteen-(15) days after its passage in the tascadero News, a newspaper of general circulation,printed, p blished, and"circulated in this City,in accordance with Section 36933 of the Government Code; shall certify the a option of this ordinance; and shall cause this ordinance and c rtificationito be entered in the book of Ordinances of this City. SECTION 3 This ordinance shall go into effect and be in full force and e ffect at 12:01 a.m. on the 31St day,after its passage. 9 r On motion by - and seconded by the foregoing Ordinance is approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPTED HAROLD L. CARDEN, III, Mayor ATTEST: MARC IA M. TORGERSON, City Clerk . APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: MICHAEL P. McCAIN, Fire Chief 10 .� • ® A �;. CITY SOF ATASCADERO 1918 1979 \ � FIRE DEPARTMENT Dear Atascader Property Owner; You are reminded that weed abatement season is again upon us. Please disregard this otice if you meet the guidelines provided on the opposite side of this page. An extra effort has been made to send this notice only to property owner3 that.may have vegetative growth and/or refuse ordinance violations. The following notice, set forth below, is required by law to be given to you. It enables the fie department to abate vegetative growth and/or refuse in an effort to make our neighborhood safer in the event of a fire. Thank you for your continuing assistance in making this a safe city and fire season. PLEASE kSEE REVERSE SIDE FOR IMPORTANT INFORMATION NOTIC TO ABATE VEGETATIVE GROWTH AND/OR REFUSE Reference is made to iax parcel number indicated on mailing label. Notice is hereby give on the day,of______, 19 the City Council passed a resolution declaring at tnse` rtatC azar t�' e e constitute a ince ; o"nate e` x: _ �..��,a.. �1? P _�.� t�� e . ��� e' Your property was inspected between the dates of and and was found to be in violation,which must be abated by thee stt1 to ; ,e sai hated) If the owne does not abate the hazard it will be abated by the City and the cost of the removal assessed upon the County property tax bill,and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars and Ordinance No. 337. A copy of said resolution is on file in the office of the city clerk. Allproperty owners having any objections to the proposed removal of the vegetative growth and/or refuse are hereby notified to attend a meeting of the City Council of the City of Atascadero to be held when their objections ill be heard and given due consideration. Da"�d ,F /s/Marcia M.Torgerson City Clerk City of Atascadero,California 6005 LEWIS AVENU ATASCADERO,CA 93422 • (805)461-5070 • FAX(805)466-2907 av(3+Uv2 The Deadline for weed abatement is Inspections were.made in early April and at that time your parcel was identified as requiring abatement. If your parcel has, been abated since our inspection and meets our requirements, disregard this notice. Parcels which are not-in compliance by':` will be abated by City Contractors. Contractor's fees, as well as applicable city and county fees/fines, will be added to your tax bill. If you have vegetative growth and/or refuse past this date, they will be cut by the City unless you have them cut prior to our contractors unscheduled arrival. The Fire Chief has established the following requirements, Any person owning property in the City shall: (a) Maintain around structures, a firebreak made by removingand clearing away, for a distance of not less than 30 feet on each side thereof or to the property dine, whichever is nearer, all flammable vegetation or combustible growth. This paragraph does not apply to single specimens of trees, ornamental shrubbery, or similar plants that are used as ground-cover, if they do not form a means of rapidly transmitting fire from the native growth to any building or structure. (b) Mow dry noxious weeds which are located within 100 feet of any building or structure, or to the property line, whichever is nearer. (c) Mow dry noxious weeds 50 feet from the edge of improved roadways, 50 feet from each property line, and 10 feet on each side of driveways. (d) Remove that portion of any tree that extends within 10 feet of the outlet of any chimney or stovepipe. (e) Maintain any tree adjacent to or overhanging any building free of dead wood. (f) Provide and maintain, at all times, a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings of not more that one-half inch in size.' Cutting of weeds shall be to a height of 4 inches or less.- Questions regarding weed abatement may be directed to the City Weed Abatement Officer by leaving a recorded message at (805) ,466-0770, or by writing to AFD Abatement Officer, 6005 Lewis Ave., Atascadero, CA 93422. _Please retain this notice for any related communications. Your parcel number is located above your mailing address on the front lower left corner of this letter. "U0063 3 1 PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereb given that the Atascadero City Council will hold a public hearing_ on Ja uary 13, 1998, at 7:00 p.m. in the Rotunda Room, Administration Building, 6500 Palma Avenue, Atascadero, California, for the purpose of ievising Ordinance No. 304 (Weed Abatement). A copy of the proposed Ordinance #337 is available in the Office of the City Clerk, Room 208, Administration Building, 6500 Palma Avenue. Dated: December29, 1997 MARCIA M. T RGERSO , City Clerk ')00064 ITEM NUMBER: B 2 DATE: 01/13/98 City Manager's Agenda Report Wade G. McKi piney Proposed Gene 1 Plan and Zoning Amendments at 4650 El Camino Real. RECOMMENDATIONS: The Planning Commission recommends: 1. Council approve.Resolution No. 108-97,thereby amending the Land Use designation of the subject site from`Office"to"Service Commercial". 2. Council approve Ordinance No. 339 on first reading,thereby changing the zoning of the subject site from P(Commercial Professional)to CS (Commercial Service). DISCUSSION: Background: The Pl ' g Commission considered the subject General Plan and Zoning Amendments at apub lic hearing held on December 2, 1997 and voted unanimously to recommend approval. Analysis: The intent of the proposed Zone Change is to convert the existing residence to an office and develop the remainder of the subject property as a used car dealership. Auto dealerships are not all wed in the CP zone but are allowed in the CS zone subject to certain standards for fencing and landscaping. Since there are several offices and used car lots within the immediate vicini and the site is adjacent to property zoned CS,it appears the proposal is in character with surroin Lding land uses. The Planning Commi sion determined that the project is consistent with the City's General Plan and satisfies applicab a zoning requirements. Upon review of the site and its surroundings, staff has found no indication that potentially significant environmental effects could result from project approval and t ie Planning Commission has adopted a Negative Declaration. Further,the Planning Commissior has found the project consistent with the character of the neighborhood in which it is located. 4 W0065 ITEM NUMBER:; B - 2 ' DATE: 01/13/98 FISCAL IMPACT: The fiscal impact of the proposed General Plan Amendment and Zone Change is negligible. There would be'a slight increase in sales tax revenue if the site is developed as a car dealership as opposed to an office. ALTERNATIVES: Deny the General Plan Amendment and Zone Change. If the Council prefers the existing "Office designation for the site,the City Council could deny the General Plan Amendment application by adopting Resolution No. 1998-003. This would moot the Zone Change application. RESPONSIBLE DEPARTMENT: Community Development Department ATTACHMENTS: Attachment A - December 2, 1997 Staff Report Attachment B - December 2, 1997 Planning Commission Minutes Attachment C - Resolution No. 108-97 ApprovingGeneral Plan amendment 97006 Attachment D - ` Ordinance No.339 Approving Zone Change 97009 Attachment E - Resolution No. 1998-003 Denying General Plan Amendment 97,006 `)00066 ATTACHMENT A CITY OF ATASCADERO Item: B . 1 STAFF REPORT FOR: Planning Commission Meeting Date: December 2, 1997 BY: Kelly He fernon, Assistant Planner File No: GPA 97006 ZC 97009 SUBJECT: Consideration 3f a General Plan Amendment to change -the Land Use designation of the subject property from Office to Service Commercial and a corresponding Zone Change from CP to CS. RECOMMENDATION Staff recommends that the Planning Commission: 1 . Find the Negative Declaration prepared for the project to be adequate inder the requirements of the California Environmental Quality Act. 2 . Recommend to the City Council that General Plan Amendment 97006 be approved through the adoption of Resolution 108-97 . 3. Recommend to the City Council that Zone Change 97009 be approved through the adoption of Ordinance 339. SITUATION AND ACTS: 1 . Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Kurt Jordan 2 . Project Address. . . . . . . . . . . . . .4650 and 4600 El Camino Real 3. Site Area. . . . . . . . . . . . . .approximately 0. 4 and 0.5 acres 4 . Current Zoning. . . . . . . . . . . . . . .CP (Commercial Professional) 5. Proposed Zoning. . . . . . . . . . . . . . . . . .CS (Commercial Service) 6. General Plan Designation. . . . . . . . . . .. . . . . . . . . . . . . . . .Office 7 . Proposed General Plan Designation. . . . . .Service Commercial 8 . Existing Use. . . . . . . . . . . . . .vacant, single family residence 1 9. Environmental Status. . . . . . . . . . . . .Negative Declaration pasted November 11, 1997 BACKGROUND: The subject property consists of two lots located on E1 Camino Real just south of the San Anselmo intersection. (Attachments A and B) . One of the lots is improved with an older single family residence and the other is vacant. The property adjacent and to the North is zoned CP (Commercial Professional) and is developed with a church and an office building. The property adjacent and to the South is zoned CS (Commercial Service) and is developed with a veterinarian' s office and used car lot. ANALYSIS: The purpose of the CS zone is to provide for light manufacturing and service needs of the community while the purpose of the CP zone is to provide for offices, limited retail shopping and personal service needs. The intent of the proposed zone change is to develop the subject property as a used car dealership, which is not allowed in the CP zone but is allowed in the CS zone. Although the applicant considered developing the property with office space, there is currently a large supply of vacant office space on the market. Being located between both existing offices and used car lots, it would seem that development of the site for either car sales or offices would be in character with surrounding uses and there is no evidence that either would be offensive or degrading to the environment. CONCLUSIONS: The proposed General Plan and Zoning amendments are consistent withexistingzoning and land uses in the area and will not have a significant environmental impact as the property is already zoned for commercial use. The zone change will provide an opportunity for a business that is not allowed at this location but should be. ATTACHMENTS: Attachment A - Location Map (General Plan) Attachment B - Location Map (Zoning) Attachment C - Negative Declaration Attachment D - Draft Resolution 108-97 Attachment E - Draft Ordinance 339 2 •,'` � Slf3S �� •. �; o. Sri two- Wit %Q4 1111-4 01 PIAP OMAN Wg% IRA ROMP r,ffilllssl 011wag, HiO� ��b������Q ���� .,a �� ► � � ,' ,��/ . �� . � Nu gig tsm �� • 111 //11:11/ '• `_YY M ; SOa 1 MR Rv jaiOb- g� �� � nlam ♦ � 1► AQ OR I��• �� iii i�`� SIIt L- II�I��d I�If��l'�Ill�il�r � �1mli. mmmg : II MW BE W � nm� �\ 77 1p a PER �► ''' 11►j ' .. i r � l a ATTACHMENT C _ t CITY OF AT_�.�C ENVIRONMENTAL COORDINATOR s M is�s ; CAD�, LEGATIVE DECLARATION } COMMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035 APPLICANT: KURT JORDAN 1708 BUR STON CT. ATLANTA, GA 30341 PROJECT TITLE: Gl_NER L PLAN AMENDMENT #97006 AND ZONE CHANGE 497009 PROJECT LOCATION: 4650 EL CAMINO REAL PROJECT DESCRIPTION: ZONE CHANGE FROM CP (COMMERCIAL PROFESSIONAL) TO CS (COMMERCIAL SERVICES) AND GENERAL PLAN AMENDMENT FROM OFFICE TO SERVICE COMMERCIAL FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term 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, d the information contained in the initial study(made a part hereof by refer- ence and on file in the Commii ifty Development Department), it has been determined that the above project will not have an adverse impad on the environment. CS> . . V STEVEN L. DECAMP CITY PLANNER *. Z Date Posted: NOVEMBER 11, 1997 �te Adopted: CDD 11-89 ")00071 ATTACHMENT D RESOLUTION NO. 108-97 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 4650 EL CAMINO REAL FROM OFFICE TO SERVICE COMMERCIAL (GPA #97006: Jordan) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan, which was prepared in the 19701s, 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 December 2, 1997; 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 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 #97006 as follows: 1 . Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit All . ' 00072 Resolution No. 108-97 Page 2 On motion by and seconded by the foregoing resolution is. hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA HAROLD L. CARDEN III, Mayor ATTEST: _ L MARCIA M. TORGERSON, City. Clerk APPROVED AS TO. FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director ')00073 USA no Igoa- MOM1f . witmom too JAW � � ATTACHMEAJT E ORDINANCE NO. 339 AN ORDINAN E OF THE CITY COUNCIL OF THE CITY OF .ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROP RTY AT 4650 EL CAMINO REAL FROM CP (COMMERCIAL PROFESSIONAL) TO CS (COMMERCIAL SERVICES) (ZONE CHANGE 97009 - JORDAN) WHEREAS, the proposed zoning text amendment proposes standards t at are consistent with the General Plan as . required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 658 )0 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on December 2, 1997 and has recommended approval of Zone Change 97009. 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 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. The City' s official Zoning Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ')000'75 Ordinance No. 339 Page 2 ordinance by reference: • Assessor' s Parcel Map #s 049-222-038 and 049-222-039 Lots 3 and 4, Block 2, Atascadero Colony 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 313t day after its- passage. On motion by Councilmember _ and seconded by Councilmember , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, • CA By: HAROLD L. CARDEN III, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk ')00076 Ordinance N . 339 Page 3 APPROVED AS TO FORM: ROY A. HANL Y, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director • i ')000'7"7 .,��iii%nu►��io��:il:: �1 ss u�°'�Cjr ♦ ♦ oit Irk` � �►, ATTACHMENT B CITY_.OF ATASCADERO PLANNING COMMISSION 12/02/97 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 1. GENERAL PLAN AMENDMENT 97006/ZONE CHANGE 97009: Application filed by Kurt Jordan (Richard Shannon) to change the Land Use designation of certain real property from "Office" to "Service Commercial" and the corresponding Zone Change from CP to CS . Sub- ject site is located at 4650 El Camino Real . STAFF RECOMMEN ATION: (Kelly Heffernon) Staff recommends that the Planning Commission: 1 . Find the Negative Declaration prepared for the project to be adequate under the requirements of the California Environ- mental Quality Act. 2 . Recommend to the City Council that General Plan Amendment 97006 be a proved through the adoption of Resolution 108-97 . 3. Recommend to the City Council that Zone Change 97009 be approved through the adoption of Ordinance No. 339. Commissioner Zimmerman stepped down for this item only. Kelly provided the staff report and responded to questions from the Commission. Commissioner Sauter - inquired about the possibility of a lot line adjustment . Kelly said that at this time there was no application foi a lot split . Commissioner A rambide - questioned the drainage of the property. Kelly explained that drainage requirements would be addressed upon developme t. TESTIMONY: Richard Shannon, applicant' s representative - said that he had a current buyer for this piece of property that intended to convert the existing residence to an office and develop the property in to a used car lot. Mr. Shannon informed the Commission that he had met with staff before filing the application and they had indicated that the requested zoning was compatible with the ad- joining properties . -3- ')00079 Planning Commission Minutes _- December 2, 1997 Page Four of Eight . . . . . . end of public testimony. . . . . ACTION: Find the Negative Declaration prepared for the project to be adequate under the requirements of the California Environmental Quality Act. Motion: Wallace Second: Sauter AYES: Wallace, Sauter, Clark, Arrambide, Hangmen NOES: None ABSENT: None MOTION PASSED: 5: 0 ACTION: Recommend to the City Council that General Plan Amendment 97006 be approved through the adoption of Resolution No. 108-97. Motion: Wallace Second: Sauter AYES : Wallace, Sauter, Clark, Arrambide, Hageman NOES : None ABSENT: None MOTION PASSED: 5 :0 ACTION: Recommend to the City Council that Zone Change 97009 be approved through the adoption of Ordinance 339. Motion: Wallace Second: Sauter AYES: Wallace, Sauter, Clark, Arrambide, Hageman NOES : None ABSENT: None MOTION PASSED: 5 :0 . . at this time, Commissioner Zimmerman rejoined the Commission. . 'woos) ATTACHMENT C RESOLUTION NO. 108-97 A SOLUTION OF THE COUNCIL OF THE CITY OF ATA.SCADER0 APPROVING AN AMENDMENT TO THE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION OF CERTAIN REAL PROPERTY AT 4650 EL CAMINO REAL FROM OFFICE TO SERVICE COMMERCIAL (GPA #97006: Jordan) WHEREAS, he City of Atascadero has grown considerably since incorporation; and WHEREAS, he City's General Plan, which was prepared in the 19701s, adoptei in 1980, and amended in 1992 to guide the City's general growth is in need of updating; and WHEREAS; he Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on December 2, 1997; and WHEREAS, 3overnment Code .Section 65356 provides that a General Plan b amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1 . The Droposed General Plan Amendment is consistent with the joals and policies of the General Plan. 2 . The Droposed General Plan Amendment will not have a significant adverse affect on the environment. The Negative Declaration prepared for the project is adeq ate. THEREFORE the Council of the City of Atascadero does resolve to app,rove General Plan Amendment GPA #97006 as follows: 1 . Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit All . 1)00081 Resolution No. 108-97 Page 2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA HAROLD L. CARDEN III, Mayor ATTEST: MARCIA M. TORGERSON, City. Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director ")00082 4 ATTACHMENT D ORDINANCE NO. 339 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 4650 EL CAMINO REAL FROM CP (COMMERCIAL PROFESSIONAL) TO CS (COMMERCIAL SERVICES) (ZONE CHANGE 97009 - JORDAN) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on December 2, 1997 and has recommended approval of Zone Change 97009. 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 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. The City' s official Zoning Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ')00084 r Ordinance No. 339 Page 2 ordinance by reference: Assess is Parcel Map #s 049-222-038 and 049-222-039 Lots 3 and 4, Block 2, Atascadero Colony Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascad ro News, a newspaper of general circulation, printed, pu lished and circulated in the City in accordance with Sectior 36933 of the Government Code; shall certify the adopting anc posting of this ordinance and shall cause this ordinance a d this certification together with proof of posting to le 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. t On motion by Councilmember and seconded by Councilmember , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: HAROLD L. CARDEN III, Mayor ATTEST: MARCIA M. T RGERSON, City Clerk `)0008;, Ordinance No. 339 Page 3 APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director ')00485 of . I p II V' Iji V Viii � f I II ATTACHMENT E RESOLUTION DENYING GPA#97006 RESOLUTION NO. 1998-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DENYING GENERAL PLAN AMENDMENT 97006 TO CHANGE THE LAND USE DESIGNATION OF PROPERTY LOCATED AT 4650 El CANIINO REAL FROM OFFICE TO SERVICE COMMERCIAL WHEREAS, General Plan Amendment'97006 was approved by the Planning Commission on December 2; 1997; and WHEREAS, another Public Hearing was held before the City Council on January 13, 1997 to consider the approval of General Plan Amendment 97006 and Zone Change 97009; and e WHEREAS, at the January 13, 1997 Public Hearing, the City Council found as follows: 1. That the proposed General Plan Amendment would be inconsistent with the character of the . immediate neighborhood or contrary to its orderly development because of the commercial nature of the use. NOW, TBEREFORE, the Council of the City of Atascadero does resolve to deny General Plan Amendment 97006. _ On motion by Councilmember and seconded by Councilmember the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: >vO068 . . Resolution No. 1998-003 Page 2 ATTEST: CITY OF ATASCADERO, CA MARCIA M. TORGE PLSON HAROLD L. CARDEN III, Mayor APPROVED AS TO ORM: ROY A. HANLEY, City,Attorney ITEM NUMBER: C - 1 DATE: 01/13/98 s CAD City Mane ger's Agenda :Report Wade G. McKinney Diablo Canyon Use Tax Sharing RECOMMENDATION: Authorize the City Manager to sign a memorandum of agreement with the County regarding Diablo Canyon use tax sharing. DISCUSSION: Back rg ound: As the '-'ouncil is aware,we are no longer receiving an apportionment of use taxes (similar in concept to sales taxes)resulting from refueling operations at the Diablo Canyon power plant. The Council reviewe this issue at their meeting December 9, 1997 and continued the discussion to determine the likel hood of a role change by the Board of Equalization. Representatives of the Board indicate that rule change was the result of SB 110 by Senator Dills. They do not believe they can mak4 a rule change absent a legislative change. As a result of the Senate Bill and at the request of t he California Manufacturer's Association,the State Board of Equalization recently changed thei apportionment methodology to require that the use tax on individual transactions exceedin $500,000 be allocated to the jurisdiction where the merchandise is first placed in service,ratf.er than apportioned through the County pool as it was previously. This change in meth ology was intended to improve the fiscal benefits of attracting and retaining manufacturi ig operations; it was not intended to change the apportionment of use tax from nuclear power p.ant operations which only affects San Luis Obispo County. Our June 1997 sales tax allocation from the State reflected this change. This means that 100%of the use tax,revenues f rom Diablo Canyon now go to the County rather than the 16% share they. have received in the r ast. While annual revenues from Diablo Canyon refueling activities fluctuate wildly base on PG&E's schedule(they refuel each of the two reactors about every 14 to 18 months), on anualized basis this means about$458,000 in revenues will be shifted from cities to the Cot nty each year. For the City of Atascadero,the average annual impact (based on revenues f r the last four years)is about$58,000. i 00009 ITEM NUMBER: C - 1 DATE: 01/13/98 In summary, the unintended consequence of this effort to more accurately reflect tax revenues from manufacturing sources - an approach most cities in the State would generally support in concept will have significant adverse consequences for all of the cities in the County due to our unique situation. Efforts to Mitigate this Impact: The cities in the County have been working together in identifying strategies to mitigate the impacts of this change in apportionment methodology. After reviewing this issue with our sales tax advisor(Hinderliter deLamas&Associates),the city managers and finance directors from the cities in the County met on September 10 1997 to discuss the reasonable options and strategies available to us. There was general consensus that regardless of the strategy selected, we would be more successful working cooperatively,together than independently. The key options which emerged from this meeting were: a Work with the County on some form of revenue sharing agreement. a Approach the State Board of Equalization for an exception to the new procedures for nuclear power transactions (this is the only facility in the State that would be affected by this type of exception), p In the event that these efforts were not successful,possibly pursue State legislation. slation. On September 24, 1997,the city managers met with the Interim County Administrator to discuss a number of issues, including this one. While acknowledging the unintended consequences of this change, and expressing an understanding of the adverse consequences to cities resulting from it, he made no commitments; however, he agreed to consider this issue further, and provide the cities with a response. He also underscored the very difficult situation that the County will be facing as a result of electrical power restructuring, and the related impacts of accelerated depreciation of the Diablo Canyon power plant on the County's property tax revenues. Currently,the County receives about $7 million annually in property tax revenues from Diablo Canyon; all of this revenue is potentially at-risk as a result of electrical restructuring. The Coun 's Proposal: Provided in Attachment A is the County's proposal which they presented to the cities on November 5, 1997, summarized as follows a In fiscal year 1997-98, the County will reimburse to the cities 100% of the amount they would have received in 1996-97 from use tax revenues prior to this change in apportionment methodology by the State Board of Equalization. a In fiscal year 1998-99, the County will reimburse to the cities 50°lo of the amount they . would have received in 1997-98 from use tax revenues prior to this change. ')00(391 ITEM NUMBER: C - 1 DATE: 01/13/98 p Beginning in fiscal year 1999-00 and thereafter, the County will retain all revenues resulting from this change, and no further reimbursements of this type will be made by the County to t ie cities. p The cities will not request that the State Board of Equalization modify their revised guidelines regarding the apportionment of individual use tax transactions exceeding $500,000. p The cities wil support the County's efforts in regards to Diablo Canyon power plant accelerated del ireciation concerns. p Their proposal is conditioned upon all of the seven cities in the county agreeing with it. In considering our reasonable options and their likelihood of success, we believe this is a reasonable proposal, a does the City of San Luis Obispo. The draft memorandum of agreement implementing this proposal is provided in Attachment B. While some changes may be made to this in its final form to accommodate concerns that other cities may have,we dc not believe that these will be substantive. FISCAL IMPAC • As noted above, this hange in apportionment methodology will result in a loss to the City of about $58,000 per year on an annualized basis. While it is difficult to project the revenue the City will receive frorr the proposed agreement due the historic volatility of Diablo Canyon use tax revenues, we estimate that this will result in about $20,000 in revenue to the City in 1997-98, and about$40,000 in 998-99. There will be no further revenue sharing by the County with the City after 1998-99. ALTERNATIVES: While we could purse State legislation to change the Board's role, the potential for success is uncertain. Obviously, if we were successful in this effort, this would be far more fiscally desirable than the proposed agreement. However, given the likelihood of success, we believe that the proposed agreement is a reasonable resolution of this issue. ATTACHMENTS: A. County proposal for Diablo Canyon use tax sharing B. Draft memorandum of agreement for Diablo Canyon use tax sharing ITEM NUMBER: C 1 DATE: 01/13/98 Drat Memorandum of Agreement • Draft g DIABLO CANYON USE TAX SHARING WHEREAS, until 1997 use taxes resulting from refueling operations at the Diablo Canyon power plant were allocated to all San Luis Obispo County cities and the County on pool versus situs basis; and WHEREAS, in response to a request from the California Manufacturer's Association, the State Board of Equalization has changed their apportionment methodology to require that the use tax on individual transactions exceeding $500,000 be allocated to the jurisdiction where the merchandise is first placed in service rather than through the County pool; and WHEREAS, this change in methodology: was intended to improve the fiscal benefits of attracting and retaining manufacturing operations; is consistent with general sales tax policy in the State of California of allocating local sales and use tax revenues on a situs rather than pool basis whenever feasible; but was not intended to change the apportionment of use taxes from nuclear power plant operations; and WHEREAS, this change in methodology will result in an unintended shift of about $450,000 per year in use tax revenues on annualized basis from the cities in San Luis Obispo • County to the County; and WHEREAS, this change in apportionment methodology will adversely affect the fiscal health of the cities in the County. NOW THEREFORE, the City of Atascadero(City) and the County of San Luis Obispo (County) agree as follows: 1. Reimbursements to the City: 1997-98. In fiscal year 1997-98, the County will reimburse to the City 100% of the amount the City would have received in 1996-97 from use tax revenues prior to this change in apportionment methodology by the State Board of Equalization. This payment will be made by the County by March 1, 1998. 2.. Reimbursements to the City: 1998-99. In fiscal year 1998-99, the County will reimburse to the City 50% of the amount the City would have received in 1997-98 from use tax revenues prior to this change in apportionment methodology by the State Board of Equalization. This payment will be made by the County by December 1, 1998. 3. Reimbursements After 1999-98. Beginning in fiscal year 1999-00 and thereafter, the County will retain all revenues resulting from this change in apportionment methodology by the State Board of Equalization, and no further reimbursements of this type will be made by the County to the City. 4. Determination of Reimbursement Amounts. Reimbursement amounts will be determined by Hinder deLamas &Associates. In the event that this firm is no longer in operation 1000 i3 ITEM NUMBER: C - 1 DATE: 01/13/98 at the time that this determination will be made for 1998-99, the City and the County will agree upon an alternative a portionment methodology. 5. No Cily Request for Methodology Changes. The City will not request that the State Board of Equalization modify their revised guidelines regarding the apportionment of individual use tax transactions exceeding$500,000. 6. City 15 upport Regarding Diablo Canyon Depreciation. The City will support the County's efforts 'i regards to Diablo Canyon power plant accelerated.depreciation concerns.. Such support is limi ed to actions such as letters, resolutions and local presentations by City officials; it does not include any direct fmancial support, or participation in administrative actions or litigation. 7. Amendments. Any amendment, modification, or variation from the terms of this memorandum of agre ment (MOA) shall be in writing and shall be effective only upon approval by the City Council o the City and the Board of Supervisors of the County. 8. Complete Agreement. This written MOA constitutes the complete agreement between the parties hereto regarding the sharing of use tax revenues from the Diablo Canyon power plant. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated in this MOA shall be of any force or effect, nor shall any such oral agreement, understani ling, or representation be binding upon the parties hereto. 9. Notice. All written notices to the parties hereto shall be sent by United States mail,postage prepaid by registered or certified mail addressed as follows: City City Manager City of Atascadero 6500 Palma Avenue Street Atascadero, CA 93422 County County Administrator County of San Luis Obispo County Government Center San Luis Obispo, CA 93401 10. Autho 'ty to Execute Agreement. Both the City and the County do covenant that each individual a ecuting this MOA on behalf of each party is a person duly authorized and empowered to do so. COUNTY OF SAN LUIS OBISPO: CITY OF ATASCADERO: By: By: County Administratoi Date City Manager Date ITEM NUMBER: C- 2 0.■ r r s DATE: 01/13/98 i a r is s (ADF, I City Manager's Agenda Report Wade G. McKinney Informatiion Bulletin A. REPORT REGARDING ACCOUNTS FOR AB 1600TEES Current state law requires a public report each year regarding the status of the separate accounts maintained by the Ci for each of the AB 1600 fees in place. The report is informational only. The report is made av filable to the public and reviewed by the City Council. The review does not include an analysi 3 of the justification for the amounts of each fee. The purpose of the review is to keep the ouncil and the public aware of the amounts in each account,what has been spent,and what remains. There are three attach ents to this report. Attachment one lists each of the AB 1600 fees, describes them briefly, and states the amount of the fee.Attachment two is a copy of Resolution No. 14-91 and more particularly describes the relevant fees.Attachment three is an accounting prepared by the Finan a Department, showing the beginning and ending balances for the fees,the amounts collected for each fee and the interest earned as well as other relevant information. B. EMPLOYEUPDATE Humphrey, Valerie :F/Time Finance Technician Rehire 11/24/97 Holton, Cindy F/Time Administrative Secretary Reclassification 12/08/97 Torgerson, Marcia F/Time Administrative Assistant Reclassification 11/24/97 Rickard, Rachelle F/Time Acting Finance Director Appointed 12/10/97 Birkenfeld, Thoma P/Time Fire Reserve Rehire 11/04/97 Barnhard, Dane P/Time Service Worker Hire 11/24/97 Gambel, Betty D P/Time Program`Coordinator Hire 12/08/97 Erlendsson, Nancy P/Time Program Coordinator Resignation 12/12/97 ATTACHMENTS: Attachment l -AB 1600 fees, Attachment 2-Resolution No. 14-91 Attachment'3—AB 1600 Report ')00095 DEVELOPMENT FEES ATTACHMENT 1 CITY OF ATASCADERO SINGLE MULTIPLE NON- TYPE OF FEE FAMILY FAMILY RESIDENTIAL -WHEN PAYABLE SOURCE INTERIM SCHOOL $1.65/SQUARE FOOT $0.27/SQ.FT. PRIOR TO ISSUANCE ORD. 107 OF BLDG. PERMIT RES. #81-85 PAID TO A.U.S.D. &' SCHOOL DIST. A8 2925 ORD. AMAPOA TECORIDA $2.996 CFS $3,343 CFS BASED ON PRIOR TO ISSUANCE ORD. 1.17 DRAINAGE AREA BASED ON 3 CFS/AC OF BLDG. PERMIT RES. 9-86 FEE* (CITY 1.8 CFS/AC ENG. MAP) APPLIES TO ALL BLDGS./ADDN'S DEVELOPMENT PRIOR TO ISSUANCE ORD. 119 & 183 IMPACT FEES: -0F BLDG. PERMIT RES_ 24-91 INSIDE URBAN SERVICE LINE Drainage 0.245 0.245 0.245 Streets, Roads Bridges 0.219 0.300 ' 1.166 Public Safety 0.113 0.224 0.452 Parks 0.511 1.011 0.128 Miscellaneous 0.023 0.-023 0.023 TOTALS: 1.111 1.803 2.014 OUTSIDE URBAN SERVICE LINE Drainage 0.245 0.245 0.245 Streets, Roads Bridges 0.747 0.747 0.747 Public Safety 0.613 0.724 0.952 Parks 0.511 1.011 0.128 Miscellaneous 0.023 0.023 0.023 TOTALS: 2.139 2.750 2.095 Sewer Fees:* Voomile Other Connection 573/uni $ 533/unit $451/ $20.50 UPON CONNECTION iMW. 121 unit fix.un Annexation $1,210/unit $1-,123/unit $950/ $43.20 UPON APPLICATION unit fix.un Tax Charge $ 250/unit $ 250/each $250/ $250/ UPON CONNECTION each each Permit Fee $ 5/eac $ 5/each $ 5/ $ 5/ UPON APPLICATION *Calculations to be made by Public Works Department Notes: l) Totals do not include Amapoa-Tecorida Drainage Development Fee. If 'applicable, Ord. 117 & Res. 9-86) . 2) Credits for actual work done shall be determined by the City Engineer. 3) Calls for studies that may require additional fees or improvements shall be made Director of Community Development. 46 4) Calls for using CFS or ADT in lieu of sq. ft. shall be made by City Engineer. 5) Developer of .a mobilehome park shal} ply a one-time fee of $575.00 for each mobil- home space site. Mobilehomes located outside of mobilehome parks shall pay the single family fee unit cost. ATTACHMENT 2 RESOLUTION NO. 14-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO REVISING DEVELOPMENT IMPACT FEES FOR DEVELOPMENTS WITHIN THE INCORPORATED AREA OF THE CITY OF ATASCADERO PURSUANT TO ORDINANCE NO. 119 WHEREAS, the City Council of the City of Atascadero has adopted Ordinance 119 creating and establishing the authority for imposing and charging a Development Fee; and WHEREAS, Exhibit A is a study of the impacts of planned future development on existing public facilities in the incorporated areas, along with an analysis of the need for new public facilities and improveme is required by new development, and said study set forth the relationship between new development, the needed facilities, and the estimated costs of those improvements. The study, entitled "Appendix D: Developer Fees" was prepared by the firm of Crawford, Multari and Starr and is dated December, 1990; and WHEREAS, this study was available for public inspection and review fourte n (14) days prior to this public hearing; and WHEREAS, the City Council finds as follows: A. The Purpose of this fee is to finance facilities shown in Exhibit A to reduce the impacts of runoff, traffic and other impacts show in the exhibits, (zaused by new development, within the incorporated area. B. The development fees collected pursuant to this resolution shall be used to finance only the public facilities described or identified- in Exhibit "A", attached hereto; C. Afte considering the above study and analysis and the testimony received at this public hearing, the Council approves said study, and incorporates such herein, and further finds that the new development in the incorporated area will generate additional runciff, traffic, and other impacts shown in the exhibits within the impacted area and will contribute to the degradation of Public faciilit es and services in that incorporated area. D. Ther is a need in .this described impact area for the improvements shown in Exhibit A which have not been constructed or have been constructed, but new development has not contributed its fair share towLrd these facility costs and said facilities have been called for in or are consistent with the City's General Plan; ,)00097 Resolution No. 14-91 Page 2 • E. The facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the impacts of the types of development described in paragraph 2 below, for which the corresponding fee is charged, and, also there is a reasonable relationship between the fee' s use and the type of development for which the fee is charged, as these reasonable relationships or nexus are in more detail described in the study referred to above; F. The cost estimates set forth in Exhibit "A" are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by new development will not exceed the total of these costs. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Atascadero that: 1. A development fee shall be charged prior to the issuance of any building permit and shall be paid prior to the issuance of a building permit or a certificate of occupancy in the case that a building permit is not applicable. The City Community Development Department shall determine if the development lies within this benefit area, the type of development and the corresponding fee to be charged in accordance with this resolution, including proportionate fees for alterations or additions, if applicable. 2. Fees. SINGLE MULTI- NON- SERVICE TYPE FAMILY FAMILY RESIDENTIAL 1. Inside Urban Service Line Drainage 0.245 0.245 0.245 Streets, Roads & Bridges 0.219 0.300 1.166 Public Safety 0.113 0.224 0.452 Parks 0.511 1.011 0.128 Miscellaneous 0.023 0.023 0.023 TOTALS: 1.111 1.803 2.014 2. Outside Urban Service Line Drainage 0.245 0.245 0.245 Streets, Roads & Bridges 0.747 0.747 0.747 Public Safety 0.613 0.724 0.952 Parks 0.511 1.011 0.128 Miscellaneous 0.023 0.023 0.023 TOTALS: 2.139 2.750 2.095 3. Use of Fee. The fee shall be solely used to pay for ( 1) the described public facilities to be constructed by the City; or (2) reimbursing the City of the development's fair share of those capital improvements already constructed by the City. 1)0€ 098 Resolution No. 14-91 Page 3 4. Fee Review. On or about June, 1991 and each following year, the Public Works Department shall review the estimated cost of the described capital improvements, the continued need for those improvements and the reasonable relationships between such need and the impacts of the various types of development- pending or anticipated and for which this fee is charged. The Public Works Department shall report its findings to the . City Council at a noticed publi= hearing and recommend any adjustment to this fee or other action as may be needed. 5. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to attack, review, set aside, void or annul this re olution shall be brought within 120 days. 6. Exhibit A is hereby adopted by reference and is considered a part of this resolution. 7. Resolution 100-88 is hereby repealed. 8. Thee new fees shall become effective upon adoption, provided, however, that any project submitted for review prior to the adoption date shall be charged the rates in effect prior to adoption. On motion by Councilperson Borgeson, and seconded by Councilperson Shiers, the foregoing resolution is hereby adopted in its entirety, by the following Roll Call Vote: AYES: Co cilmembers Nimmv, Dexter, Shiers, Borgeson and Mayor Lilley NOES: Non ABSENT: Non ADOPTED: April 91 1991 By: A ROBERT B. LILLEY, or Tr LEE DA City Clerk ')00099 Resolution No. 14-91 > Page 4 APPROVED AS 'TO FORM: ART ER 90NTI&DdN City Attorney APPROVED AS TO CONTENT: MARK JOSEPH Administrative Sery es Director I ')00100 Resolution No. 14-9- City of Atasca ero EXHIBIT "A' Fiscal Analyse l Appendix D: Developer Fees i Background Communities increasingly use fees to make new development pay its "fair share" of the cost of needed public facilities. In most states, including California,the"rational nexus'has been adopted either explicitly by statute or by case law as the general rule for determining what developers can b legally charged. In essence,this legal standard requires developer fees to be directly linked, in a reasonable way, to the cost of the facilities needed to serve the development. A number of new laws and court cases are further defining other legal bounds for development fees and exactior is. Subjects which have been of interest to the courts include the uniformity of service standards among new and existing development, the exclusion of existing infrastructure deficiencies from the fee formula, and the requirement that the revenues must be spent for the benefit of those aying the fees. In California,AS 600,which went into effect in 1989, explicitly sets legal limits on charging new development f In brief, a city must establish a reasonable relationship between development projects and the public improvements for which developer fees are charged:that is,the city muss identity the purpose of the fee and establish the 'nexus" or connection between need for a facilfty and the do iveicipment. AS 1600 also requires that fees be kept in identifiable funds,be earmarked for f lities as called out in some adopted plan or schedule,and be spent mein a certain amount of time or refunded. Atascadero's fee structure was recently amended to comply with these requirements. Earlier,in 1985,1 he City had imposed a development fee in the form of a$0.50 per square foot (s.f.) tax . At the same time,an ad hoc development fee task force was established to recommend a reasonable arxi equitable fee structure to provide revenues for the capital improvements needed in the C11y. Based on their recommendations, the City Council adopted a development impact fee schetule in 1986. This consisted of fees for various improvement categories succi as Crawford Muitari Starr planing •arclutecture•public Policy t f}1 ')0©101 City of Atascadero Fiscal Analysis } roads, parks,police and fire facilities, etc. In addition,the Council established special development impact fees for construction of the Lewis Avenue Bridge and for drainage improvements in the Amapoa-Tecorida area. In 1988, in order to comply the requirements of AS 1600 and the limitations imposed by jProposition 62,the City adopted a new development fee structure. At the end of that year, the Lewis Avenue Bridge Fee was repealed (the Lewis Avenue Bridge was thereafter included among the other bridge projects and covered by the overall bridge fee) and the$.50 tax was voided. (The Amapoa-Tecorida Drainage Fee was left intact.) The new fee structure went into effect on January 1, 1989 and remains in effect today. Current Fee Structure. Table 0-1 summarizes current development impact fees in ` Atascadero. The general method used to derive these fees involved 1) totaling the costs of capital improvement needs in each improvement category;2) determining a reasonable share of fthese costs attributable to new development.3) apportioning the costs between new residential and non-residential development: and,a)distributing the residential share between single-family {{ and multi-family development. I; The technical bases used for assigning the share of costs among the different uses varies with t the kinds of facilities. For example,the cost of needed drainage improvements is allocated on the basis of runoff coefficients for different types of development.The fees for bridges and roads are based on estimates of average daily trips(ADT)generated by each type of use. The fees for parks are based on an analysis which concluded that approximately three percent of costs can be related to non-residential development with the remainder attributable to residential growth. The share of costs assigned to single-family and to mufti-family units is in proportion to pmiected I' population growth for each type of development. The cost of needed police and fire facilities are ` allocated 50 percent to non-residential and 50 percent to residential development. The residential share is further distributed between single-family and multifamily units based on L projected population growth in these categories, as is done in the case of parks. E_ The approach used by the City is satisfactory,and is generally more sophisticated than fee ordinances in most other cities in this region. We,therefore,do not recommend changing the basic approach. We do discuss some possible adjustments to the fee schedule in the ` Crawford multart&Starr planning•a=d8=G-Public policy t 0,2 l -)0©x.02 i f i Table D-1 I 1 i Summary of Current Developer Fees I i i Type of Fee Type of Land Use Residential Single Family_ Residential Mufti-Family Non-residential WSJ.] f Drainage 0.127 0.172 0.634 Traffic 0.001 0.010 0.439 ` i Bridges 0.260 0.393 0.537 0.075 Roads 0.036 0.055 0.337 0.593 0.079 i Parks . P 0.056 0.234 Police 0.032 Fre 0.065 0.115 0.480 Bldg/Equipment 0.244 0.244 0.244 Cam, ey TOW 1.138 1.674 2.758 Source: City of Atm cadero,1990 FI54W Anlysis Y adeo: Long I ')00103 City of Atascadero Fiscal Analysis subsections below. However, these should be viewed as possible refinements for the City to consider rather than recommendations for wholesale revision in methodology. i i Possible Adlustments. There is no single agreed-upon technique for calculating development fees. The law requires a reasonable relationship between the fees and the co ofof facilities needed to serve the development,but this allows significant latitude in approach. le, and no major noted just above, the methodology used by Atascadero is,in general, reasonab Modifications are necessary(one exception may the fire fee which is discussed further below). should review and consider. Our suggested What follows are possible adjustments which the City adjustments focus on three areas: 1) updating facility costs to reflect the fist of the City's capital improvement needs as described earlier in this report:2) using the household size, population ptions used earlier in our revenue model:and 3) refining projections,unit size and other assum how much of the cost of each facility is reasonably attributable to new development. Each of these is discussed further below. cis the most straightforward. The lists of Updated List at Capital Facility Needs. Thus dem capital facilities derived earlier in the report tend to be more inclusive than the capital facility lists used to compute current fees. Regardless of other changes in approach, this kind of updating should take place at regular intervals. In all the fee calculations made lacer in this section,the updated capital needs lists in Chapter V above are used. Population, Household Size and Development Potential Assunrpt/ons. Table 0-2 summarizes the parameters used in the revenue model which are also important for computing different categories of developer fees. We feet these assumptions are conservative, reasoned lei and informed However,they are simply assumptions.and others can certainty be substituted still be considered reasonable. For consistency,we based our fee calculations on the same assumptions we used earlier. Further,two other assumptions were made to simplify the fee computations. First,the ratio of iation(about 33,000 to 35,000 ). . current population in 1990 (about 22.500) to the build-out Popo projecting that far into the future, was considered to be two to three. Given the uncertainty about pro 1 ng ICrawford Muttari 3c Starr Wining•architecture•public policy ')0010=} Table D-2 Revenue Model Assumptions i Relevant to Developer Fee Calculations i Iyoe of Devaloomertt Fxistia4 Fyt ur Residential Single Fan iily 5200 1730 No.of Units 3.0 3.0 PersonsrHo ahold 2200 s.f. 2200 s.f. Average Unit Size Residential MuWami 800 2600 2 No.of Units 28 2.7 PersonWHo sehold 1000 SI s.f. Average Un Size Nan-Residential 298 102 Gross Acres 25% 25% Coverage _ i Source: CMS Rave a Model and Atascadero General Plan.1990 ::C:jHyof AWSWdera: Long Range PR7=ai Analysis City of Atascadero Fiscal Analysis this is, in our opinion, a reasonable simplification. Accordingly, potential growth after 1990 was assumed to represent one-third of total City population at build-out. Second,the existing developed commercial land in the City was considered to be 298 acres. This includes, however, government offices and some residential uses. To simplify the calculations, this area was all treated as a single"non-residential"category for estimating the non-residential share of impacts,even though we know that there are some public and residential uses mixed in. For the purposes used here, this is a reasonable approximation. Adjustments In Attributing Costs to Development. The following summarizes some possible adjustments to how the share of costs attributable to new development for each improvement category can be estimated. The City staff should review these suggestions, consider which ones may be improvements to the existing approach and recommend such lailating changes to the City Council. Again,we point out that there is no single'correct way of ca Ifees and that the existing methodology is generally sound. ma constrain the usefulness In some cases(eg:circulation),we found that limits on available data y of the refinements. In those case,without further data collection and/or further assumptions, some of the refinements may not be improvements over the currently applied methodology. j • We focused on the principal fee categories affecting the General Fund. Our results are 4 summarized for each of them here. The actual formulas and calculations were provided to the City in a separate document. Drainage Fee. The current approach applies a uniform fee throughout the City. eas that Atascadero, however, may be meaningfully divided into three watersheds,the ar drain into(1)Graves Creek. (2) Atascadero Creels and(3)those that drain directly into the Salinas River. The City may prefer to charge different drainage fees in each of these areas since the impacts of new development and the drainage improvements needed to solve flooding problems is different in each watershed. I Crawford madarf 3c Starr poring•archite=re•public pa y 100106 City of Atascade o Fiscal Analysis To try this alternative approach, the drainage projects identified in the capital improvements section were first assigned to the three watersheds as follows (using the numbering from Chapter V, Table 7A): Graves Cre Bk Basin: Projects#6, 7, 11,21 and 31 (Total estimated cost: $515,000) Salinas Riv r: Projects #1,13,15,16 and 25 ($825,000) Atascadero Creek: all others ($4,785,000) Clearly, most of the improvements affect Atascadero Creek. The next Step was to estimate the ratio of existing to future potential development for each of the drainage areas. Data about existing land use and about future development potential has been disaggregated into various"planning areas'by the City. Each planning arBa was assigned to one of the three watersheds. (There are some cases where a planning area overlaps two basins,but the overlaps are small and do not significantly affect the results. Further refinements in land use breakdowns were beyond the scope of this exercise. ) Using this ntormation,the total amount of existing development and the amount of potential development in terms of total square footage was estimated for each drainage area. In a lis way,the proportion of new development to existing was calculated for each. Further breakdowns among single family, multi-family and non-commercial uses was not done,because it was assumed that a square foot of development, regardless of type, affected drainage equally. One migh argue that a better measure of drainage impacts would be total impervious surface her than simply square footage of actual demelopment. It is not clear that this would yiel I significantty different results,but this may be a useful adjustment which would further increase the level of sophistication in the fee calculation. These prc portions were then applied to the total costs of drainage improvements in each basin, yielding the following: Crawford Muttari &starr planning •architecture-public pa'icy a� i ')0€310'7 City of Atascadero Fiscal Analysis ' Graves Creek: $.072ts.f. Salinas River: $.116Is.f. Atascadero Creek: $.446/s.f. This fee structure would have development in the Atascadero Creek watershed pay higher fees than than other areas,because the majority of the drainage improvements serve that area. Overall,this alternative fee structure generates approximately the same amount of money therefore, is in how the costs for the City as the current drainage fee rates;the difference, fees for eac.`t are distributed to new development. ft is not clear that having separate drainage area is an improvement from an administrative or political perspective, even though it may be technically more correct. I Streets, Roads and Bridges. We treated these improvements as one category because they are related to circulation. t way of differentiating impacts We noted again that there may be some meaningfu in Chapter V, geographically in the City. Looking at the lists of road and bridge projects we observed that the majority are Lear the older city center. We tried to draw a boundary around the area most impacted by deficiencies near the town center and which`"could most benefit from improvements there. For practical Purposes,that boundary roughry coincided with the Urban Service Line(USL). I Simiiariy, most road improvements outside the USL generality serve only the single family residential areas there and do not seem to significantly benefit development attre the roach under which ail uses inside the USL pay city core. Thus,we tried an approach for L improvements inside the USL,while uses outside the USL would pay only f a fes for single family improvements there. (lin this exercise,we only Computed residences outside the USL;if this approach were adopted,a fee for the small amount of l_ mufti-family and non-residential outside the USL would also need to be computed-) I_ i Crswfocd y3c Start planning•architecture•public policy tnttacl 0-8 City of Atascader Fiscal Analysis As before,we used data disagreggated at the planning area level. The City's planning areas 2,3, 4, 5,8,9 and 10 were considered to lie inside the USL for estimating future development Xtential there. (Again, as in the case of drainage basins, the boundaries do not match exactly, but the differences are not significant for this purpose.) From the cap tal facilities lists in Chapter V-Tables 78 and 7C,project numbers 1, 3, 10, 11, 17, 23, 24 and 27 of Streets and Roads and project numbers 1, 3,4, 5, 9,13,14,15,1 5, 17 and 19 of the Bridges were located outside the USL. The remaining projects were all located inside the USL. The cost of improvements outside the USL was divided between new and existing development in the ratio of number of potential and existing single-family residential units. The resulting impact fee is about 5164.30 a unit or$0.747/s.f.(if we assume an average unit size of U00 s.f.) This is significantly lower than the combined bridge and road fees currently ass ssed on single family residences. The cost of ii nprovements within the USL were divided between new and existing developmerd and then among single-family, mufti-family arid.non-residential on the basis of ADT generation factors. Residential single family:9.5 AOT/unit Residential utti-family: 5.9 ADT/unit Non-reside ial: 1000 ADT/net acre of development (coverage factor of 25%was used to convert gross acres to net developed acres) We based our ADT factors on Institute of Tratfic Engineers information. The City uses in As current fees schedule 10 AOT/unit for single family,8 AOT/unit for mufti-family and 500 ADT/acre of non-residential. The biggest difference is in the non-residential category. I This is also i he most speculative because a involves averaging numerous dissimilar uses II1 (retail.offices, services, restaurants,eta). Again, there is no one standard,and the l_ factors used in Atascadero should be ones the City Engineer feels are best The resuitin U fees for development inside the USL are as follows: nm architecture-public policy Crawford l�tnttari 3c start 4 • . ! ')00109 � i City of Atascadero f,. Fiscal Analysis 1 , Residential single family: $.219/s.f. Residential multi-family:$.300/s.f. ; Non-residential: $1.166/s.f. or for all types,$SO.77/ADT Ient road and bridge fees,this adiusiment reduces the fee for residential Compared to torr uses,both in and out of the USL,but increases the fee for non-residential uses. development in two As in the case of drainage,it is not clear that having two fees for xtkns a traffic analyse areas is politically or administratively superior. Without a more ra hic simple differentiation made here.the technical basis for the geog p than the overly Q for drainage. The upcoming breakdown is weaker in the case d likely circulation Provide trideaffic zone data which could be used to ` Circulation Element revision would � more Precisely set different circulation impact fees for different parts of the City,if that is P preferred. ' ed to help service the debt meni impact fees should be charged I f Police Fess. Devebp a total estimated cost of the police for the new PO facility. (Th which was incurred to Pay acquisition is included.) faal'r y amounts to approximately$2A minion.when the cosi of aqu ro riate share of these costs attributable to new In our approach,we assumed that the app p ndi to the proportion development is one-third of the total cosi of the facility.rArfeSpo ! to total development at build-out- Thus,one-third of these costs can be attributed of new o new development. Further, in consultation with the Police Chief,we assufined residential t for service one-third of the total cans commefcW uses account for roughly assigned to new develoQmerrt.one- � accounts for the remainder. Thus. among the psis the remainder to new residential units. third will be attributed to non-residential 9�•n single family and mum-farnily units. The residential share is further adWed and the estimated household based on the proiected numbers of units in eaci►category sizes. f IThis ad�ustment yields the following rates: 1 �nwf�M� sc staff pia�„ton9.archrtacwro•p�+o+ic Policy )0®110 City of Atascadero ' Fiscal Analysis Residential single-family: $.061/s.f. Residential multi-family:$.120/s.f. Non-residential: $.245/s.f. Compared to cirrent fees, these are approximately twice as high for residential uses, and the same as the current ones for non-residential development. Flee Fee. The capital improvements needed for building the new fire stations should be supported in p rt by a development impact fee. The costs include land,building and equipment needed to operate the stations. How these costs should be attributed to new development is not entirely clear. The Draft Fire Master Plan suggests that the new stations are ne ded to relieve existing deficiencies, to improve service levels to existing residents and to serve new development. It does not quantify, however, the proportion of costs that should be assigned existing and future developments. In light of this uncertainty,we used the same breakdowns as for the*police fee. (This is a very conservative approach and a higher share to new development could likely be justified.) The resulting fees are as follows: Residential si le family: .05&s.f. Residential multi-family: $.t 151s.f. Non-residential: $.235/s.f. Curiously,this roach resulted in lower fees than currently changed for the single family and non-residential categories,despite using much higher total capital costs than are used in the C' s current fire fee calculation. The present approach used by the City to calculate this fe e is very different from most of the others used by the City or di=ssed here and proba 3ty warrants some more detailed review. Instead of comparing total costs to total build-out potential,fire facility costs are broken down into annual increments which are assigned to an estimate of annual developmenL Among ad the currently used ( techniques,this is one that most warrants re-assessment. cra .mu tars&Starr planning-archaac wre-public pobcy ata ')00111 i i Table D-3 Summary of Possible Fee Adjustments i Type of Land Use Type of Fee R amide i 1 MM rti�amiiv NanNan��IIIt6l R aid nti I Sin le_3m [S/s.f.] ($/s.f.] { [5/s.f.] Orainage 0.072 0.072 0.072 Graves Creek 0,116 0.116 0.116 Salinas River 0.446 0.446 0.446 Atascadero Creek I Streets.Roads and Bridges 0.219 0.300 1,166 I Inside USL Outside USL 0.747 I0.061 0.120 0.245 Police{ 0.235 0.115 i 0 ! Fre .058 0,100 E 0.402 0.796 Parks _ 2.192 in USL 1.186 1.777 out USL 1.714 0.280 ' I bldg/equip&com.dev. 0.280 0180 2.057 2.472 in USL 1.465 out USL 1.994 totals with existing corn.dev:and bktV quip fees provided for easy campadw"'to current fees i 'in Atascadero Creek watershed L 1.. City of Adero: Lang Range Fl-'CCW Analyte [ D-12 11100112 r City of Atascader Fiscal Analysis Parks Fee. We felt that many of the improvements listed in the area of parks and recreation, such as a new bike trail system, pavilion improvements.community center, swimming center, etc., either address existing deficiencies or enhance levels of service. In those cases,the benefits would be shared by the community at large and, therefore, the costs cati not be attributed to new growth alone. For these kinds.of improvements, we allocat one-third of the total costs to new development,the proportion that new growth represents relative to the City at build-out. The need fot the two major new parks that are proposed(NW Quad and SW Quad) may be more to a mmodate new growth than the other community-wide facilities. But even these facilities will clearly benefit the existing residents and help offset existing deficiencies Accordingly, we assumed it reasonable to divide the costs of these parks equally between new and existing development. Three perc rat of the costs of new development was assigned to non-residential uses as is currently done in the existing fee schedule. The remaining was apportioned between single-famil and multi-family types in the ratio of projected population in these categories. The resudirg impact fees are as follows: Residential single family: $.402ts.f. Resident' multi-family: $796/s.f. Non-resid ntial: $.100/s.1. All of these are significantly higher than current rates, and reflect primarily,the ambitious park and recreation improvement program fisted in Chapter V. 1 Summary. Table D-3 Ws the results of these adjustments for the drainage. roads and bridges. rf' higher fess for fire,police and pa fees. These adjustment would result in sign scantly ig Lresidendal uses,b it slightly lower fees for non-residential development: Single family residences outside the USL ufd bear the greatest increase, about 75 percent above Current rates. Oval' ` Crawford muWri&Starr pa 3M3-architiactuto•public polity M0113 City of Atascadero Fiscal Analysis the revenue model projects development fee contributions to the General Fund would be about g the adjusted fee schedule than the curr 10 percent highecusinent fee rates. Although the total cost per square foot is higher for mufti-family than single family residences this 9 really reflects assumptions about average unit sizes..On awauld be about unit basis,using our for single the average fee for a single family house outside the USL i family house inside the the USL,$3225;for a mutts-family unit.$2057. The next step in re-assessing these fees would be for City staff to consider the adjustments discussed above, to refine the assumptions according to their judgement and experience, and to re. Our review here make recommendations as to which are superior to the current so w suggests that setting different traffic and drainage fees for different geographic areas of the sty may be justified. But such refinements may be better postponed until more extensive technical, j analyses(eg:the Circulation Element update) are conducted. I Once the formulas are agreed upon, annual adjustments to take into account changes to the perhaps on capital improvement program and for inflation are relatively simple.' less frequently,pe ps ! intervals,the underlying assumptions about unit size,household size, and the size and five yearwith coverage of non-residentiai development should be re-examined(too. Generally, of the nua adjustments for inflation and CIP changes. and regular but less frequent demographic assumptions,the revised fee schedule should remain useful for a long time.. 1 ` � the variables that should be 'The fdrmulas used in calculating these adjusted fees,highlighting I periodically updated,have been provided to the City separately. I Cr:..raea x�ar+3t sat- planning-mchit4 ra•aub"c policy k - I ')00114 EXHIBIT II Table 7D Projected Capital Improvements Public Works Dept YEAR (1990s) PROJECTS EST.COST 1990 s) 1990-91 -Street Improvements $924,150 es 5360,000 1991-92 -Drainage $791,500 SireetsiRoads-Br $738.004 ' es � $791,500 . 1992-93 -Drainage Sireem/Roads $238,000 $250.000 57'91,500 1993-94 -Drainage $738,000 -Streets/Roads 000 - $791,500 1994-95 -Drainage $738,000 StreetsJRoads 5'Z.54 000 -Ehices 19.45-96 -Drainage $738$791,500 -StreeMlRoads '� � 000 8 1996-97 -Drainage $368,000 StreeWRoads $700,000 S375000 -Bridges 5368,000 1997-98 -Drainage' $700,004 StreewRoads 5375,000 1998-99 .Drainage $368,000 -StreetrdRoads $100.000 5;175 000 1999.00 -Crainage $368,000 ireetwRoads $7W= $375000 $368,000 2400-01 -Drainage St ftwRoads $700,000 S375.000 -Bridces 2001-02 -age 5357,500 S"etsftads S365,000 2002-03 Same as in 2001-02 2003.04 Same as in 2001-M 20o445 Same as in 2001-02 C'ty of AWMscmaidem Long Range Fiscal Analysis 30 ')00115 PUBLIC SAFETY PROJECT LISTING COST RATE DEV. SHARE PROJECT 900,000 .66 600 ,000 Fire Station #31 ,240,000 .66 800,000 Fire Station #4 3,390.000 .33 1 , 186 ,SQ0 Police Facility ( includes Debt Service) 30,000 .33 10 ,000 Emerg . Supply Containers 300,000 .33 100 ,000 Snorkel (Aerial Eq . ) .33 33 ,300 Quick Attack Eq . (2) 100,000 .33 16 ,500 50,000 Radio Repeater Site 200,004 .33 66,000 Computer-Assisted Dispatch 75,000 .33 25 ,000 Lighting Eq . .33 107 ,250 Training Tower (Fire) 325,000 10,000 .33 3,300 Police Station Pkg . Cover 90,000 .33 30 ,000 Base Station/Radios (PD) NA 2,977,850 TOTALS 6,670,000 . i IM0116 0116 MISCELLANEOUS PROJECTS PROJECT COST RATE DEV. SHARE 1 1 ,000 100;'. 11 ,000 Fiscal Costi g Model - ( Balance) 50„ 65 ,000 Traffic Circulation/Safety 130,000 0100,000 Downtown Improvements 300.000 � TOTALS 441 ,000 NA 176,000 f ')0011 '7 PARKS AND OPEN SPACE COST RATE OEQ . SHARE PROJECT Lake Pavilion 1 ,950,000 33 643,500 ( includes Debt Service) 2,420,000 .50 1 ,210,000 SW Quad Park 2,300,000 .50 1 , 150,000 NW Quad Park 1 , 150,000 .33 379,500 Land Ac4 • (Est . ) 75,000 .33 25,000 Tennis Ct. Lights 662,000 .33 218,460 Corporate Yard Renovation 1 ,000,000 .33 333,300. Community Center/Gym 300,000 .33 100,000 Creekway/Trail Development 1 ,500,000 .33 500,000 Community Pool 400,000 .33 132,000 . Bikeways 120,000 .33 40,000 Zoo Improvements r � TOTALS 11 ,877,000 NA 4,731 ,760 ATTACHMENT 3 p ~ N MI- •- N U Ln Il N � t0 V 1-2 Z ti LO W F� W LL LU IL sZ W � Q N .. .. D O to ti W g � ca a W a LL w � v - T 69> 69 N U U F- a CL I� "t O) �_ ' N�t M 1� w w aa d Z CND M G M Lf O ( r 0 w w H � W Cn LL co N M v- Cw � W Cn O N W N N O Imo- 5W A N N U) D LL :± A u m .X _ O XO 'O n W D to 00 N0 r OO a n o. LL Z d N e vL ti cc c W N 3 o LL Ef3 EF? y 3 3 0 (D N 0 WtV N N coo a) co o v 00)LL d QO w W M D) (0 00 D) O rn rn U a CD ca LL z rn rn c) °' m m Q O Y C) LL m ca ca Q o Q g E m LL _ ° cu ¢ cn i5 d. O 3 Q 0 N 0 0 Z Oo ti O) OO O- co r O 'O O () w Q LL co D) N LO CD co n n a O N Ov cC) Ni w w w LL IL W r 'ct M m w - w W O O O LL Ei? Efl w .«0. ..0. 0 0 N w w N N N W Z U U � L' cl 0 � 00c`7 0 J d N 'tLO C14 04 c\lO LO N > > > IL � W —0LLJ 04 ..i v O O O LL 613 - fA t t t N Cl) N N N Z W u W S W O O 0 0 0 O O O O 0 0 0 O ip @ i 0 Z LL 0 0 0 0 0 c0 0 0 0 0 O CA M fl• a s O O O O O - 0 0 0 O O 't E E E IL LLm .- .- a .Q a v v v a v O Q w W U N N d N N ° � v c 3 3 3 n N 0 (� ~ O o f d j ` N + W rn Oc >1 rnrn N d O 0 � rn V W N m C O` � a� a) °. O d O U c c C zD UCc 'maE � 'o > ° o tL � O m O co E c m ,� m m rn E Y ° ° G v W W d CO "t O •m O V % O :D 'O m cu Z O O O Z Z H N 'Ov m U 0 Cn O co m m d' F- (n C p a a a OC N Q 0 3 C O CU O C N Z o 0 0 Z .Q W V Q. 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O a) Cl) m N e- to Z ct ' co O a) O O E LO 0 °) pj O 0 ONca m m 7 M L °° 0 -0 U) rnm E 4- W 0 c � > o 0 Co 4 C ai co LL 4 ° ° >� Q LL m O m m E E •� '� °' m C a E o y o 0o c`o 4 m -°, " m Z x ° " o n > Y -o as ° v o Cl m cn m Q c LL 00 c CL Q Lo Q U) ca E Q QQ m oo N m � c'n (� d L LLoc' O La) LL 0 O a) co cVIUEo EE!o V a, a ` °) o d o Z d U d ° c ca C\l a cv a) LL cc c w e Z a) o L Z C .0 d C a) C N W N Y a) LL L m a c E aa) ~ R �' LLI o L �- -C U osr inNa) � aU) Z a0) CL z ') O120 ITEM NUMBER: D - 1 DATE: 01/13/98 iu ■ ise City Atto ey's Agenda Report Roy A. Hanley Si` ewalk Maintenance and Repair Ordinance RECOMMEND A ION: Waive the reading of rdinance 342 in full and introduce for first reading by title only. DISCUSSION: Background: The Streets and Highways Code of the State of California already provides that the adjoining property owners are responsible for maintenance of existing sidewalks. This ordinance would clarify the procedures already in place in the City of Atascadero to enforce the Streets and Highways Code. -This rdinance will not require the construction of sidewalks in any location where sidewalks are n t already required by the City of Atascadero. This is not a change in policy. Anal The Streets and Highways Code of the State of California set forth procedures for cities to follow in req iring adjoining land owners to repair sidewalks. This is a public safety issue. The;City, in flie past, has simply followed the procedures set forth in the Streets and Highways Code. This 'process has proved to be cumbersome, and has proved to be confusing to members of the public. The purpose of this proposed ordinance is to codify, in the Municipal Code, the procedures et forth in the Streets and Highways Code requiring the abutting property owners to maintain ex sting sidewalks. This procedure would allow the City to follow the due process requirements cf notice, including the required posting. This procedure would allow the City to clearly recoup costs, if any, of the failure of the property owner to repair the sidewalk after notice: An additional benefit t the City would be the creation of a procedure for requiring the sidewalks to be repaired. This will provide an additional defense to the City in the event that someone is injured by a defective sidewalk. The City would be free to have an administrative,policy for examination of sidewalks, temporary repair, and notice to the abutting property owners. So long;as the City reasonably inspected sidewalks, and reasonably effectuated temporary repair, the effective use of the sidewalk repair ordinance will provide a defense to the City in any trip and fall litigation. ')00121 ITEM NUMBER: D - 1 DATE: 01/13/98 Conclusion: This item does not change current Ci policy. The item will clarify City ' Con g City P y procedures, and make it easier to administratively handle sidewalk repair in a manner that most benefits the City in future potential litigation. FISCAL IMPACT: None. ALTERNATIVES: The City of Atascadero is not required to implement these Municipal Code sections. The Streets and Highways Code already provides for such procedures. PREPARED BY: ` City Attorney Roy A.Hanley ATTACHMENTS: Ordinance Number 342 ')13® 122 ORDINANCE NO. 342 AN ORDINAN E OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SIDEWALK AND STREET EDGE MAINTENANCE AND IMPROVEMENT ORDINANCE SECTION 1. Purp se. The provisions codified in this chapter are adopted to implement and supplement the Streets and Highways Code as it exists as of the adoption of the ordinance from which this section derives and s it may be amended from time to time. SECTION 2. Applicability. Except as specifical y excluded by the Streets and Highways Code, or this chapter, the provisions of this ch pter shall apply to any work on streets and sidewalks within the public right of way within tt e incorporated area of the city. SECTION 3. Defini ions. Whenever any word or phrases used in this chapter are not defined in this section but are defined in the Streets and Highways Code such definitions are incorporated in this chapter and shall apply as though set forth in full in this chapter. The following words and phrases shall have the mear ings respectively ascribed to them: (a) "Any sin le lot or parcel of land" means any lot or parcel of property or any group of contiguous lots or parcels of real property which serve one residence or one business or industrial establishment, regardless of the fact that the several lots or parcels are owned by, or under lease to, different persons. (b) "City Pub is Works Department Standard Specifications and Drawings" means the city's standard p ans and specifications that are on file in the office of the Director of Public Works and ire used for construction of such items including but not limited to concrete curbs, gu ers, driveways and sidewalks, street paving, streetlights, water, storm drains and s wer lines and tree wells. Periodic revisions are made on these Standard Specifications and Drawings from time to time as the need arises and copies are available for purchase from the office of the Director of Public Works. (c) "Permit" means the encroachment permit required for construction or reconstruction of public improvements and/or encroachment work authorized by the Atascadero Municipal Code. "Public improvements" includes but is not necessarily limited to concrete curbs, clutters, driveways and sidewalks, street paving, street lights, storm drains, and sewer lines and tree wells. Provisions of the encroachment ordinance provide for fees contained therein. (d) "Streets And Highways Code" means the provisions of the California Streets and Highways Code, Division Seven, and such amendments and additions as may have been made to those provisions. (e) "Width o Driveway" means the width of such driveway at the top of the curb and not the width of such driveway at street or gutter level. ')U0lti3 CITY OF ATASCADAERO ORDINANCE NO. 342 PAGE 2 SECTION 4. Maintenance of Sidewalk and Streetedge Maintenance by Abutting Owners. The owners of lots or portions of lots fronting on any portion of a public street or place, when the street or place is improved, shall maintain all items including but not limited to trees, sidewalks, parkways, curbs and gutters and driveways located in public rights of way in a condition that will not endanger persons or property or will not interfere with the public convenience in the use of those works pursuant to this chapter and Chapter 22, of Part 3, Division 7 of the Streets and Highways Code. SECTION 5. 5.01. Notice to Repair. When any portion of a sidewalk is out of repair or pending reconstruction and in, condition to endanger persons or property or in condition to interfere with the public convenience is hereby declared a nuisance as defined in Atascadero Municipal Code section 9-8.106. The superintendent of streets may notify the owner or person in possession of the property fronting on that portion of such sidewalk to repair the sidewalk according to the city's Standard Specifications and Drawings. 5.02. Service of Notice. Notice to repair any portion of a sidewalk may be given by delivering a written notice personally to the owner or to the person in possession of the property out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his/her last known address as the same appears on the last equalized assessment rolls in the records of the county clerk. 5.03. Posting of Notice. The postal card shall contain a notice to repair the property out of repair, and the superintendent of streets shall immediately upon the mailing of the notice, cause a copy of it printed on a card not less than eight (8) inches by ten (10) inches in size to be posted in a conspicuous place on the property. 5.04. Contents of Notice. The notice shall specify: 1)what work is required to be done; 2) how it is to be done; 3) what materials shall be used in the repair and shall further specify; 4) that if the repair is not diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost shall be an obligation of abutting property owners so notified and such cost may be a lien on the property. In lieu of posting a copy of the mailed notice on the property, the superintendent of streets may, not less than seven (7) days nor more than ten (10) after mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "Second Notice" to the person to whom the first postal card was addressed. The second notice shall contain the material required by this ordinance, but shall not extend the time for commencing repairs. '110019-1 CITY OF ATASCADAERO ORDINANCE NO., 342 PAGE 3 SECTION 6. Repair by Street Superintendent. If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets may forthwith repair the sidewalk. Upon the written req est of the owner of the property facing the sidewalk or the private roadway so out of re air, as ascertained from the last equalized assessment role of the city, or as shown in ff e records of the office of the clerk, the superintendent may repair any other portion of the s dewalk fronting on the property that is designated by the owner. The superintendent shall iave the power to prescribe the form of the written request. The cost of the repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment anc collection procedures are conducted. SECTION 7. Notice, Report, and Hearing. 7.01. Upon tie completion of repair, the superintendent of streets shall cause notice of the cost of repair to be given in the manner specified in this ordinance for the giving of the first noti a to repair, which notice shall specify the day, hour and place where the City Council shal hear and pass upon a report by the superintendent of streets of the cost of repair, togeth Dr with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of repair and any other interested person. 7.02. Upon tie completion of repair, the superintendent of streets shall prepare and file with the City Clerk a report specifying the repairs which have been made, the cost of the repairs, a description of the real property or properties in front of which repairs have been made and the 3ssessment against each lot or parcel of land proposed to be levied to pay the cost there f. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 7.03. Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the repoit of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. There upon the City Council may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be co firmed. The City Council may adjourn the hearings from time to time. The decisions of the City Council on all reports, protests and objections that may be made shall be final and co clusive. SECTION 8. Assessment, Notice of Lien, Recordation. 8.01. The cot of repair may be assessed by the City Council against the parcel or parcels of property f onting upon the sidewalk upon which such repair was made. Such cost so assessed, if iot paid within five (5) days after its confirmation by the City Council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property fort a amount thereof which lien shall continue until the assessment and all interest thereon ic, paid, or until it is discharged of record. 10©125 CITY OF ATASCADAERO ORDINANCE NO. 342 PAGE 4 8.02. The superintendent of streets may file in the office of the county recorder of San Luis Obispo County, a certificate.in the form prescribed by Streets and Highways Code Section 5626 as it exists today, or as modified in the future. Alternatively the superintendent may pursue recovery of the assessed costs, which are hereby declared a personal obligation of the abutting owner, in a civil court of competent jurisdiction. 8.03. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. SECTION 9. Collection With Regular Taxes. As an alternative method of collection of the amount of the lien, the City Council, after confirmation of the report of the superintendent of streets, may order the Notice of Lien to be turned over to the assessor and the tax collector, where upon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. The Notice of Lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county Board of Equalization. SECTION 10. Alternative Procedure. This chapter constitutes a separate and alternate procedure for performing the work specified herein. It is not the exclusive method of the city to require repairs or for collection of the cost of those repairs. The enforcement officer may, at the request of the superintendent of streets, initiate and complete proceedings to abate such nuisances as provided for in Municipal Code section 9-8.107. SECTION 11. Severability. The city of Atascadero intends that each provision of this ordinance be severable from the other. If any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance is declared unconstitutional or void by a court of competent jurisdiction, the voided part is severable and this City Council would have adopted the remainder of this ordinance without the voided part, and the remainder shall be in full force and effect. SECTION 12. Criminal Penalties and Additional Legal Relief. 12.01. It is unlawful for any person to fail or refuse to comply with a notice of repair sent by the superintendent of streets. Any person who fails to comply with the notice and finish repairs within sixty (60) days of the mailing of a first notice to repair is guilty of a misdemeanor and may be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in the county jail, or both, in the discretion of the court. r) CITY OF ATASCADAERO ORDINANCE NO. 342 PAGE 5 12.02 Not ing herein shall prevail or restrict the city from taking such other lawful action as is necessa " to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but not be limited to, an action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this ordinance are cumulative and ind pendently available to the city and the city shall be authorized to pursue any and all remedies set forth in this Ordinance to the full extent allowed by law. ADOPTED A14D APPROVED this day of , 1998. Harold L. Carden, III, Mayor ATTEST: Marcia M. Torgerso , City Clerk APPROVED AS TO FORM: Roy A. Hanley, CityAttorney f)00127 ITEM NUMBER: D - 2 DATE: 01/13/98 u 19 City Attorney's Agenda Report Roy A. Hanley Non-Action Item Report Regarding FranchiseAgreement With Falcon Cable RECOMMENDATIONS: There is no recommeni led action of this time. This report is for information purposes only so that the Council is preparei I to discuss any potential action on the Falcon Cable Franchise beginning in July of 1998. DISCUSSION: Back ound• The i gr ss a of the Falcon Cable .Franchise Agreement with the City of Atascadero has been mentioned st veral times during public'comment over the last year. At the December 13, 1997 Council meei ing, the City Council requested a status report from the City Attorney in regards to the Falcon Cable Franchise. The concerns expressed by the public during public comment have included content of programming, quality of service, and cost. The Council needs to be informed as to what, if anything, this Council can do about the above-referenced issues. Summary: The Falcon Cable Franchise expires July 14, 2001. A six month period beginning July 14, 1998 governsthe use of formal or informal franchise renewal procedures. The current Franchise Agreement s more like a trespass fee than a true franchise. The agreement is non- exclusive. The modi cations made in the mid-1980's recognized that the purposes of the agreement were to col ect reimbursement for the costs of use of City improvements by Falcon and to provide equal ac cess to cable services, not to regulate content or rates. The City may start making decision on ho to proceed on July 14, 1998. Analysis: The initial alcon<Cable Franchise Agreement was entered into by Falcon Cable and the County of San Lu s Obispo prior to incorporation of the City of Atascadero. In the mid 1980's, the City of A ascadero through David Jorgenson and Robert M. Jones, negotiated an extension of the Franc 'se Agreement and negotiated several changes. At that time, the City of Atascadero' successful y negotiated several improvements in the cable delivery system, negotiated a franchise 16e change, and negotiated a change from an exclusive franchise to a non- exclusive franchise. Falcon Cable has a non-exclusive franchise to operate in the City limits of the City of Atascaderc. In fact as the term is commonly understood in the English language, Falcon Cable does not have a franchise. Although the agreement is called a "Franchise .')U01:8 ITEM NUMBER: D 2 DATE: 011/13/98 Agreement" and the City collects a "Franchise Fee," what really happens is that the operator pays a trespass fee to the City of Atascadero for this right to operate. There is nothing in the law, nor the agreement, that prevents any other cable operator from coming into Atascadero and competing if they so desire. Any such operator would also have to have a"Franchise," or trespass fee, arrangement. The purpose of this arrangement is to cover the costs to the City streets,roads and other facilities by the operator. The agreement between the City of Atascadero and Falcon Cable terminates, on its own terms, July 14, 2001 Initial inquiry into extension or renewal of a franchise can start as early as three years before the expiration of the Franchise Agreement. July 14, -1998 is the date upon which a six month time period begins to run for the City, or ,Falcon Cable, to notice a renewal procedure. If the operator demands, within that six month period, a two stage formal process must be followed by the City. This is a lengthy process, requires specified public hearings and notices, and provides that the franchise must be renewed unless specified findings of inability to provide adequate service can be made. The City of Atascadero may, but is not required to, initiate the formal process of its own choosing within that same time frame. In the absence of a formal proceeding, the Franchise Agreement can be renewed at any time upon mutual agreement of the parties. The franchise in this case is a trespass fee and not an exclusive franchise from the City of Atascadero to Falcon Cable. The City Council must also bear in mind what the City can and cannot do in regards to the three ' issues mentioned above: namely, content, quality of service, and cost. The First Amendment and the;FCC will not allow the City of Atascadero to become involved in content decisions regarding Falcon Cable. The marketplace will determine which channels Falcon Cable carries as part of its service. The City of Atascadero can have input in regards to the quality of the service. The City may use the formal review procedures to discuss the ability of Falcon Cable to provide the quality of service required for the citizens of Atascadero. Before making any decision on whether or not to conduct a formal review, the City needs to understand the cost of the review in terms of public time and employee time, as well as the potential of such a review to effectuate improvement in service. It may be, in the absence of an alternate provider, such a review would be cost prohibitive. There is a technical legal argument that the City can have some input on the cost of the service. Such an argument would be based upon a finding that there is not effective competition. Prior to July 14, 1998, the City Attorney office will research whether or not the alternatives to cable, i.e., the new satellite dish systems, provide legal competition such that the City loses the ability to have control over rates. Conclusion: In David Jorgenson's report regarding the amendments to the Franchise Agreement in the mid-1980's, Mr. Jorgenson indicated that the purpose of the franchise was not to control costs, nor content. Rather, the purpose of the franchise was to collect the trespass fee and to insure, as much as possible, that cable services were available equally to as broad a population in the City as possible. ' ')U0129 ITEM NUMBER: D - 2 DATE: 01/13/98 FISCAL IMPAC As this report is for in ormational purposes, there is no fiscal impact. ALTERNATIVE The Council is free to schedule this item for further discussion, including further discussion for action on the potential for franchise renewal at any time it desires. Direction to staff should be given if it is the Coun il's desire to schedule this item for further review at any time prior to July 14, 1998. PREPARED BY: City Attorney Roy A. Hanley *PUBLIC REVIEW COPY leoe_do riot'remove City of Atascadero ,koAn counter WELCOME TO THE ATASCADERO CITY COUNCIL MEETING GENERAL INFORMATION The City Council meets in regular session on the second and fourthTuesdayof each month at 7:00 p.m., in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff report 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 103), available for public insp ction during City Hall business hours. In compliance with the Americans with Disabilities Act, if you need special 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 Clark's Office, (805)461-5074. Notification at least 48 hours prior to the meeting or time when services arc needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK AT PUBLIC HEARINGS Scheduled public hearings are itemized on the Agenda. The Mayor will identify the subject, announce when the public hearing is open and request anyone interested to address the Council regarding the matter being considered. If you wish to speak for, against or comment in any way: • You most approach the podium and be recognized by the Mayor • Give your na ne and address • Make your statement • All comments should be made to the Mayor and Council • All comments limited to 5 minutes(unless changed by the Council) • No one may peak 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. The Mayor will amaounc when the hearing is closed, and thereafter, no feirther public comments will be heard by the Council. TO SPE K ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS Under Agenda item, "C MMUNITY FORUM", the Mayor will call for anyone from the audience having business with the 2ouncil to: • Please approach the podium and be recognized • Give your na e and address • State the natt re of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed f Dr Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business;matters to a pear on the Agenda must be in the Office of the City Manager ten days preceding the Council meting. 'Should you have a matter you wish to bring before the Council, please mail or bring a written c nmunication to the City Manager's office in City Hall prior to the deadline. AGENDA ATASCADERO CITY COUNCIL MEETING TUESDAY,JANUARY 27, 1998 City of Atascadero 6500 Palma Avenue,4th floor Atascadero,California REGULAR SESSION,7:00 P.M.: PLEDGE OF ALLEGIANCE: Council Member Clay ROLL CALL: Mayor Carden Mayor Pro.Tem Johnson Council Member Clay , Cduncil Member Lerno Council Member Luna APPROVAL OF AGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: On their own initiative, Council Members may make'a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. No formal action by the Council will be taken unless an item is identified on the Agenda. PRESENTATIONS: PROCLAMATION: February 1998 as"Prevent a Litter Month"and Tuesday,February 24, 1998 as"Spay Day USA' The Proclamation will be accepted by Dr.Robert Schechter. COMMUNITY FORUM: This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. . The Council may take action to direct the staff to place a matter of business on a future agenda. CORRESPONDENCE A. CONSENT CALENDAR: Roll Call All items on the consei it calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questi qns. If comment or discussion is desired by anyone,the item will be removed from the con ent calendar and will be considered in the listed sequence with an opportunity for any mi tuber of the public to address the Council concerning the item before action is taken. 1. Joint Citv Cow icils' Minutes—January 8, 1998 - (City Clerk recommendation: Approve) 2. CjV Council Tv linutes—January 13, 1998- (City Clerk recommendation:Approve) 3. City Treasurers Report-December 1997- (City Treasurer's recommendation:: Review &accept) 4. December 199 Accounts Pa able and Pa oll-Fiscal Impact: $1,046,661.94 (Staff recomm6 ndation: Approve) 5. Establishment A No Parking Zone on Viejo Camino-To Improve Pedestrian Safety. Fiscal Impact.$200.00 (Trac Committee recommendation: Approve Resolution No. 1998-004) 6. Establishment f Stoj2 Signs at the Intersection of Miramon and Sycamore—To Improve Traffic Safety. -Fiscal Impact: $300.00(Traffic Committee recommendation: Approve t3' P PP Resolution No. 1998-005) 7. Revision of Ordinance No. 337—Removal of Vegetative Growth-Fiscal Impact: None. (Staff recomm ndation: Adopt Ordinance No. 337 as amended, waiving reading in full and introducin gfor second reading by title only.) 8. Zone Change A 97009 4650 El Camino Real(Jordan) -Fiscal Impact: None (Staff recommc ndation: Adopt Ordinance No. 339, waiving the reading in full and introducingfoh second reading by title only. 9. Police Eauivm nt Purchases—Using Citizen Options for Public Safety(COPS)Grant Funds-Total ands Available: $57,155 Fiscal Impact: $51,805 (Staff recomm(ndation: Approve expenditure as presented) 10. MemorandumE of Understandin -Fiscal Impact: $2,'100.00 for the current fiscal year. (Staff recommi ndation: Approve the Memorandums of Understanding and Resolution No 1998-001.) , B. PUBLIC HE GS: 1'. Zane Change 97012 Text -9100 Santa Barbara(Gearhart)—Fiscal Impact: None Staff recomme dation: 1)Find Negative Declaration adequate, and 2)Adopt Ordinance No. 338, waivi ig the reading in full and introduce for f rst reading by title only.) 2 2. Sidewalk Maintenance and Repair—Fiscal Impact. None (City Attorney recommendation: Adopt Ordinance No. 342,waiving the reaching in full and introducing for first reading by title only.) C. MANAGEMENT REPORTS: 1. California Manor— 10 165 El Camino Real t Fiscal Impact:Potential revenue of$150,000, however, staff expects no financial impact) (Staff recommendation: Authorize City Manager to execute Contract#97052) 2. Information Bulletin D. ATTORNEY REPORTS: (none submitted) E. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary): 1. S.L.O. Council of,Govemments/S.L.O.Regional Transit Authority 2. Finance Committee 3. Economic Round Table 4. Water Committees A. SLO County Flood Control&Water Conservation District Water Resources Advisory Committee B, Nacimiento Water Purveyors' Contract Technical Advisory Committee, C. North County Water Task Force 5. Integrated Waste Management Authority 6. North County Council 7. Air Pollution Control District 8`. County Mayor's Round Table 9. Economic Vitality Corporation,Board of Directors F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer G. ADJOURNMENT: THE COUNCIL WILL ADJOURN TO THE NEXT SCHEDULED REGULAR MEETINGON FEBRUARY 10, 1998. Please mote: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. 3 • "PREVENT A LITTER MONTH" February, 1998 "SPA YDAY USA" February 24, 1998 WHEREAS; ogs and cats give companionship to and share the homes of over 50,000,000 individuals in the Unitc d States; and WHEREAS, 7 wo unaltered cats and their kittens can produce 420,000 more cats in seven years, and two unalterc d dogs and their puppies can produce 67,000 more dogs in six years; and WHEREAS, Ifumane societies and shelters euthanize 8 to 10 million dogs and cats each year, although many o them are healthy and adoptable, simply because there are not enough good homes; and WHEREAS, e problem of companion animal overpopulation costs the taxpayers (?I*this country millions of cl Mars annually through animal control programs aimed at coping with the millions of*unwanted dogs and cats; and WHEREAS, Saying and neutering dogs and cats has been shown to drastically reduce dog and cat over=populatio ; and WHEREAS, eterinarians, humane societies and national and local animal protection organizations worked ogether to ensure the spaying or neutering of more than 78,000 companion animals through "S paDay USA" in 1997; WHEREAS, eterinarians, humane societies and national local animal protection organizations have .jo ned together again to advocate the spaying and neutering of* companion animals during "Peeve t a Litter Month"and on "Spay Day USA 1998"; NOW, THE FORE, The Atascadero City Council hereby designates February 1998 as "Prevent a Litter Mon h" and February 24, 1998 as "Spay Day USA" and calls upon the people of Atascadero to obsery the month by having their own clogs or cats spayed or neutered or by sponsoring the.spaying or neutering of another person's dog or cat. HAROLD L. CARDEN,III,Mayor City of Atascadero, CA • Dated: January 27, 1998 ITEM NUMBER: A-1 DATE: 01/27/98 MINUTES SPECIAL JOINT MEETING OF THE CITY COUNCILS AND THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY Thursday, January 8, 1998 7:00 p.m. —Regular Session Atascadero Lake Park Pavilion 9315 Pismo Ave. Atascadero, California SPECIAL JOINT MEETING: 7:00 P.M. CALL TO ORDER: Mayor Carden Mayor Carden, Atasc dero, called the Special Joint Meeting to order at 7:05 p.m. PLEDGE OF ALLE13 IANCE Color Presentation and Pledge of Allegiance led by Boy Scout Troop#155, sponsored by the Atascadero Knights of Columbus. ROLL CALL: City ofArroyo Grande City of Atascadero City of Grover Beach Mayor A.K "Pete"Dougc 11 Mayor Harold L. Carden, III Mayor Dee Santos Michael Lady Ray Johnson Robert Reed Michael Fuller George Luna Henry E. "Gene"Gates Thomas A.Runels Jerry L. Clay,Sr. Peter Keith Steve Tolley Kenneth Lerno Ronald Arnoldsen Citi of Morro Bay City of Paso Robles City of Pismo Beach Mayor Cathy Novak Mayor Duane J. Picanco Mayor John.Brown Rodger Anderson Tom Baron Marian Mellow Dave Elliott Walter J. Macklin Hal Halldin William Peirce Lee Swanson Bill Rabenaldt Janice Peters Christian E. Iversen Mary Ann Reiss QE of San Luis Obispo County of San Luis Obispo Mayor Allen K. Settle Chairwoman Ruth Brackett Bill Roalman Harry L. Ovitt Dave Romero Bud Laurent Dodie Williams Peg Pinard Kathy Smith Mike Ryan Joint Councils/Supervi ors Meeting 01/08/98 Page 1 of 8 ITEM NUMBER: A-1 DATE: 01/27/98 Marcia Torgerson,City Clerk, Atascadero, called roll. All the above-mentioned members were present except the following: Council Members Arnoldsen and Gates, Grover Beach; Council Members Baron,Iversen and Swanson, Paso Robles; Council Member Roalman,San Luis Obispo; and Supervisors Brackett and Laurent, San Luis Obispo County. MANAGER'S/ADMINISTRATOR'S PRESENT: Robert Hunt,Arroyo Grande;Wade McKinney, Atascadero; Tom Sullivan(Interim),Grover Beach; David Cole, Morro Bay; James App, Paso Robles; Mike Fuson, Pismo Beach; John Dunn, San Luis Obispo; and Clark Channing(Interim),San Luis Obispo County. OTHERS PRESENT: Senior clerk to the Board of Supervisors Vicki Shelby, San Luis Obispo County; City Clerk Bonnie Gawf,San Luis Obispo;City Attorney Roy Hanley,Atascadero; and City Clerk Marcia Torgerson, Atascadero. APPROVAL OF AGENDA: - MOTION: By Mayor Settle,San Luis Obispo and seconded by Council Member Reed, Grover Beach,to approve the agenda. Motion passed unanimously by a voice vote. COMMUNITY FORUM: Susan Litteral, Atascadero, Secretary of the Water Resources Advisory Committee, stated that the Committee is working on the update to the County Master Water Plan. She stressed that it is important that input to the Plan comes from throughout the County. She encouraged the Councils/Board to actively participate in this process. Ray Jansen,Atascadero,read excerpts of a letter that he has sent to all the Council. Members/Supervisors. The letter expressed his concerns of how government is changing. Peggy Wilson, Animal News Network, Oceano, spoke concerning importance of funding spay/neuter programs. She announced that"Spay Day"begins on February 16t'and ends on March 30`h. Dennis Schmidt,Atascadero, spoke concerning the Air Pollution Control District. He asked that the Councils/Supervisors look at the content of the Clean Air Plan(CAP), including the goals and policies of the CAP. Also,he noted that the CAP discriminates against projects that each of the communities have been adopting. --End COMMUNITY FORUM- Joint Councils/Supervisors Meeting 01/08/98 Page 2 of 8 ITEM NUMBER: A-1 DATE: 01/27/98 Chairman Ryan, San L uis Obispo County, stated that the Board of Supervisors are very glad to be present tonight. He announced that the Board of Supervisors are going to participate in discussions but will nc t be taking any action tonight. They will take any action that is taken here back to the full Board md take action on it at a later date. He also said that has had a discussion with Mayor Carden, A tascadero, regarding the Chairman of the Board of Supervisors attending the Mayor's meetings md he feels this will be a positive step towards the sharing of ideas within the County. A. ACTION ITE S: 1. A JOINT RESOLUTION URGING THE STATE LEGISLATURE AND THE GOVERNOR—O APPROVE RESTORING OF PROPERTY TAXES. [Robert Reed, ouncilmember of Grover Beach, will give background] [Allen Settle, Atayor of San Luis Obispo, will give report and present resolution] Recommendation: Approve Joint Resolution. Time: 30 min tes Council Member Reec., Grover Beach, gave background information on this item. Mayor Settle, San Lui Obispo, stated that the purpose of this Joint Resolution is to encourage The State Legislature to place on their agenda for this term a measure asking for the return of these funds to cities. lie explained that the Joint Resolution could be modified. MOTION: Mayor ettle, San Luis Obispo, moved to approve the Joint Resolution urging the Stare Legislature and the Governor to Approve Restoring of Property Taxes. Council Member Romero, San Luis Obispo, suggested changing of title of the Joint Resolution by eliminating"And Authorizing Restored Property Taxes" and"Such As Public Safety And Public Works", but le ving in"To Be Used For Local Government Needs." He also suggested eliminating in the sixth paragraph, "such as public safety and public works construction and maintenance." Mayor Settle, San Luis Obispo, agreed with the suggested amendments and asked that his motion be amended to include them. SECOND: Counci l Member Romero, San Luis Obispo,seconded the motion including the following amendments: 1. In the title, eliminate "And Authorizing Restored Property Taxes" and "Such As Public Safety And Public Works"; but leave in "To Be Used For Local Government Needs." 2. In the sixth paragraph, eliminate "such as public safety and public works construction and maintenance." Mayor Carden, Atasc dero, stated that, before accepting the motion, he wanted to discuss the letter that Chairman Ryan, San Luis Obispo County, had sent to all mayors (see Attachment A). Joint Councils/Supervi ors Meeting 01/08/98 Page 3 of 8 ITEM NUMBER: A-1 DATE: 01/27/98 Supervisor Ovitt, San Luis Obispo County, read and explained portions of Chairman Ryan's letter as some members had not received it. He stated that the Board's main concerns were: 1 • They needed to include the agreed upon approach of the League of California Cities and the California State Association of Counties which would focus on the state capping the property tax shift(ERAF)at abase year and return the growth amount to local government, and 2)They needed to amend the language that would earmark the funds. In doing so,the funds could go back to the general funds for the discretion of the local entities. Mayor Settle, San Luis Obispo, stated that he agreed with Supervisor Ovitt's comments. Mayor Novak, Morro Bay, stated that she felt that if the State will not return some of the ERAF monies, one possible approach would be that by earmarking the funds for public works and public safety, the State would consider the return of some of the funds. PUBLIC COMMENT Gere Sibbach, County Auditor/Controller, asked the Council Members/Supervisors to remember that the ERAF transfer also affected special districts,not just cities and counties. He suggested adding special districts, at a minimum the County library system which lost approximately 10% of its total funding. Alice Porter, 9420 Marchant Way, asked is this Joint Resolution affects Proposition 13. Mayor Carden answered, no. Eric Greening, Atascadero, stated he agreed with Mr. Sibbach that the library took a large cut and that should be restored. He stated that he supported this Joint Resolution as amended. --End PUBLIC COMMENT— Lengthy discussion ensued including clarification of wording. Mayor Novak, Morro Bay, asked that the motion be repeated in full including the amendments to the Joint Resolution. Council Member Romero, San Luis Obispo, reviewed the motion. The motion passed unanimously by a voice vote. 2. A JOINT RESOLUTION CONCERNING FEDERAL REGULATION COORDINATION AND PERMITTING RELATIVE TO FLOOD PREVENTION. [Allen Settle, Mayor of San Luis Obispo, will give report and present resolution] Recommendation: Approve Joint Resolution. Time: 30 minutes Mayor Settle, San Luis Obispo, gave a brief report regarding this item. He reviewed the proposed amendments suggested in the letter from Chairman Ryan, San Luis Obispo County(see Attachment A). He stated that he found the proposed amendments generally acceptable. Joint Councils/Supervisors Meeting 01/08/98 Page 4 of 8 ITEM NUMBER: A-1 DATE: 01/27/98 MOTION: Mayor Settle,San Luis Obispo, moved to adopt the revised Joint Resolution(see Attach entA) that will improve the permit process so as to protect our county, its citizens and property from flood damage through an improved permit process. SECOND: Counci I Member Williams,San Luis Obispo seconded the motion. Council Member Lun , Atascadero, asked for clarification of the wording in the Joint Resolution in the paragraph starti g with, "NOW, THEREFORE, BE IT RESOLVED." Mayor Settle, San Luis Obispo, explained that the process is much more streamlined. The idea is to have the Federal Gc vernment to recognize a unified permit that will allow us the flexibility to protect our property thout having to go back on a yearly basis for renewals. Tim Anson, County Ei igineer, San Luis Obispo, confirmed that any decision the Army Corps of Engineers makes, can 3,e appealed by the EPA. They also have to go through multiple other agencies to receive ap -oval, i.e. Fish and Wildlife Service and FEMA. Ron DeCarli, Executive Director of SLOCOG staff, explained that under the ISTEA passed in 1990,there were sevef al streamlining provisions. The most important was early consultation and delegation of portions or the responsibilities. PUBLC COMMENT Eric Greening, Atascadero, urged the Councils/Supervisors to table this issue until they get more information. --End PUBLIC COMMENT— Council Member Lune, Atascadero, asked that the wording he questioned earlier be deleted. Mayor Settle, San Lui Obispo, stated that he would have no problem deleting the wording in the last three lines in the paragraph Council Member Luna is concerned with and adding, "to follow reasonable and expeditious standards." Council Member Williams, San Luis Obispo (the second) agreed. Mayor Carden, Atasc ero, repeated the motion for clarification: Adopt the revised Joint Resolution( see Attachment A) with the amendment to delete the last three lines of the paragraph starting with, "NOW, HEREFORE, BE IT RESOLVED" and adding, "California to follow reasonable and expeditious standards." MotionP assed unanimously by a voice vote. Joint Councils/Supervirs Meeting 01/08/98 Page 5 of 8 6 ITEM NUMBER: A-1 DATE: 01/27/98 3. A RECOMMENDATION THAT THE CITIES AND COUNTY SUPPORT IN CONCEPT THE CONSTITUTIONAL AMENDMENT TO GAIN GREATER FISCAL STABILITY FOR LOCAL GOVERNMENT. [Cathy Novak, Mayor of Morro Bay, will give report] Recommendations: 1. The Cities and County support in concept the constitutional amendment. 2. Each City and County individually support, by resolution,the final constitutional amendment package presented to the Legislature. Time: 30 minutes Mayor Novak, Morro Bay, gave a brief report and explained her recommendations. There was brief discussion on this item and Mayor Novak clarified her request to the members. MOTION: Council Member Reed, Grover Beach, moved to conceptually support the constitutional amendment, and that the cities and counties along with CSAC and the League of California Cities, work towards a united effort. SECOND: By Council Member Luna,Atascadero. PUBLIC COMMENT Michael Kodak, unincorporated Atascadero, questioned the need for this item. Gere Sibbach, County Controller/Auditor, asked if the motion, as it is presented now, going to support a constitutional amendment or is it in support of specific language only. Mayor Carden responded that the motion is to conceptually support the constitutional amendment and work with CSAC and the League towards a united effort. Mr. Sibbach stated that he had some concerns regarding the language. Bob Rose, Templeton, stated that he did not believe that we need another constitutional amendment. He suggested that what we need is to elect legislators that recognize where state government, city and county government borders exist. --End PUBLIC COMMENT— Mayor Novak, Morro Bay, clarified for the public that this constitutional amendment would require a two thirds vote of both houses to be passed. She also stated that to have it on the November 1998 ballot would require a 50%voter approval. There was brief discussion on this item. Motion passed unanimously by a voice vote. Joint Councils/Supervisors Meeting 01/08/98 Page 6 of 8 ITEM NUMBER: A-1 DATE: ' 01/27/98 B. INFORMATION ITEMS: 1. ELECTRIC INDUSTRY DE-REGULATION: AN INFORMATIONAL BRIEFING ON OPTIONS FACING LOCAL GOVERNMENTS. [Cathy Novak, Mayor of Morro Bay, will give information presentation] [Allen Settle, tayor of San Luis Obispo, will present request of aggregating possibilities] Recommendat on: City Managers explore all options and report back findings to all Cities and County within four months. Time: 30 minutes Mayor Novak, Morro Bay, gave a brief report and explained her recommendation. She explained that she felt that the City Managers/County Administrator should work together and explore all options. MOTION: By Mayor Novak, Morro Bay, to approve Item#13-1. SECOND: By Mayor Brown, Pismo Beach. --No PUBLIC COMMENT— There was brief discussion on this item. Motion passed unanimously by a voice vote. Mayor Carden, Atasc dero, stated that he thinks they have set a record tonight. He went on to say that since there is till time left, he would accept short closing comments. Mayor Brown, Pismo Beach, stated he appreciated the efforts of the Atascadero City management, especially the City Clerk's office, for putting this facility at our disposal with all the arrangements. Chairman Ryan, San Euis Obispo County,thanked the Cities for inviting the County to this meeting. He stated th t they will take the Joint Resolutions that the Cities have passed tonight and put them on theiragenda and take action on them as soon as possible. Mayor Novak, Morro Bay, stated she agreed with Mayor Brown, Pismo Beach, and thanked the the Cities and the Co ty Board members who attended. Mayor Dougall, Arroyo Grande, welcomed Chairman Ryan, San Luis Obispo County, and stated he agrees with the Ch irman joining the mayors' meeting. Mayor Settle, San Lui Obispo, stated that he agrees with the previous speakers and looks Y p forward to the next meeting. He expressed his hope that they all follow-up on the items Joint Councils/Supervi ors Meeting 01/08/98 Page 7of8 ITEM NUMBER: A-1 DATE: 01/27/98 discussed tonight. Council Member Reed, Grover Beach,thanked all who attended and help g brin information to the meeting. He also thanked Atascadero for hosting the event. Mayor Santos, Grover Beach, invited Chairman Ryan to the next mayors' meeting. Mayor Picanco, Paso Robles, stated he agrees with the previous speakers and moved to adjourn the meeting. Mayor Carden, Atascadero,thanked everyone for coming. He stated that Chairman Ryan will be present at the next mayors' meeting. He also thanked the Atascadero City staff for coordinating this meeting. ADJOURNMENT: Mayor Carden adjourned the Special Joint Meeting of the City Councils and the Board of Supervisors of San Luis Obispo County at 8:25.p.m. MINUTES RECORDED AND PREPARED BY: Marcia M. Torgerson, City Clerk ATTACHMENTS: A—Letter from Chairman Ryan, dated 1/6/98 Joint Councils/Supervisors Meeting 01/08/98 Page 8of8 ATTACHMENT A Joint Cities 01/08/98 -1950 BOARD OF SUPERVISORS COUNTY GOVERNMENT CENTER, Room 370 • SAN LUIS OBISPO, CALIFORNIA 93408-2040 • 805.781.5450 RECEIVED • January 6, 1998 JAN _81998 HARRY L. OVITT, Supervisor District One LAURENCE L. LAURENT, Supervisor District Two PEG PINARD, Supervisor District Three ATASCADERO CITY MANAGER RUTH E. BRACKETT, Supervisor District Four Mayor Harold L. Carden MICHAEL P. "MIKE"RYAN, Supervisor District Five City of Atascadero 6500 Palma Ave. Atascadero, CA 9342 Dear Mayor Carden: On behalf of the San Luis Obispo County Board of Supervisors, I would like to express our appreciation for being invited to participate in the January 8 Joint Cities/County meeting. A majority of our Board as indicated that they will be in attendance in the capacity of a"Committee of the Whole." We w lcome the opportunity to join in discussions on the various topics included on the agenda you fo arded to us. To this end,we have reviewed the agenda items and would like to offer the following reliminary comments: A-1 A Joint Resolu ion Ur in the State Le islature and the Governor to A rove Restoring of PrODertv Taxes. Board Comments: We believe it is important to be in sync with the actions being taken on a statewide basis by the League of California Cities(League)and the California State Association of Cou ties(CSAC). At the recently concluded CSAC Annual Meeting in San Mateo a repoit was given that CSAC and the League were jointly working on a common approach to this issue. More recently,we were informed that this common approach was further explored in a CSAC/League Joint Task Force on Revenue meeting in Dece er(minutes attached). That meeting resulted in an agreed upon approach to this isE ue which would focus on the state capping the property tax shift(ERAF) at a base year and returning the growth amount to local government. The proposed resolul ion included in the material sent to us.for the January 8 meeting does not include this element,i.e.returning the growth. Further,the proposed resolution calls upon flie Governor and the Legislature to restore the property taxes to meet local needs Auch as public safety,building, and the maintenance of public facilities. Such language could lead to "earmarking" of funds which might be restored. The effort being undertaken by CSAC and the League contains no earmarking provisions and will urge the return of the growth amount as strictly discretionary revenue. We would recommend that our joint meeting endorse the noted effort by CSAC and the Leagu rather that adopting the specific resolution included in the material. A-2 A Joint Resolution ConcerninQ Federal Regulation Coordination and Permitting Relative to Flood Prevention. Board Comments: We would propose certain revisions in the resolution. To highlight these for you,we have included a strike out version, noting the revisions, and a full "clean copy." These revisions add certain clarification verbiage to note references to the "Clean Water Act"and to a letter sent by Governor Wilson to President Clinton in October relative to avoiding a repeat of San Luis Obispo County's situation wherein we were approved for emergency work by numerous Federal and State agencies, only to be sued by the Environmental Protection Agency for having done the work without proper permits. The revision also proposes to substitute clarification language relative to the freedom of the Department of the Army"not to issue permits"with the highlighted language shown just above the strikeout section. This new section also addresses the insufficiency of congressional funding to properly implement the permit review process. Finally,in the first`BE IT RESOLVED" section,two minor additions are included to indicate that expedition of the permit process is needed especially during emergencies, and the necessary work also includes road systems. A-3 A Joint Resolution to Support The League of California Cities' Campaign to Freeze the State's Taking From Local Funding Sources. Board Comments: The memo from Mayor Novak of Mono Bay spoke to the general issue of fiscal stability. Attached to the memo was a draft constitutional amendment put together by the League of California Cities tentatively entitled "Right to Fiscal Stability." The Mayor's memo recommends that: (1)the Cities and County support in concept the constitutional amendment to gain greater fiscal stability for local government; and (2) Each City and County individually support, by resolution, the final constitutional amendment package presented to the Legislature. This proposed constitutional amendment was also the subject of the recent CSAC/League Joint Task Force on Revenues. It was agreed at the meeting that the proposed amendment would be modified by the League to include the element of a cap on the growth of the property tax shift(ERAF). With this proviso, the proposed amendment would be jointly supported by the League and CSAC,as would CSAC's effort,noted above in Staff Comments associated with item A-1, to get that growth returned to local government. We would recommend our joint meeting conceptually support such an amendment, but based upon a unified effort by the County and Cities to support language as agreed upon by CSAC and the League of California Cities. B-1 Electric InduAry Dere ulation: An Informational Briefing on 0,12tions Facing Local Governments. Board Comments: The thiust of this item calls for a consolidation of efforts by the Cities and County which would encompass and maximize potential savings in the purchase of electricity following deregulation. The County's General Services Department is heading up our effort in this regard. In discussing this matter with the General Servic s Director we were informed that savings in electrical power costs will depend on several factors,and that at this time we do not have sufficient information to Bete 'ne if a solo joint Cities/County effort would result in an economy of scale suffici nt to generate significant savings. It may take further aggregation with other units of government, such as the Association of Bay Area Governments (ABAG)or perhaps with the State. In this respect,certain coordination efforts have already been initiated by the City Managers and the County Administrator, and more recently by. SLOC G. We are certainly in favor of exploring and enhancing this collaborative effort. On an "on-the-ground" basis, it would be helpful if the various Cities' departments charged with this effort contact and coordinate their activities with the County General Services Department. Again Mayor Carden, we look forward to Thursday's meeting, and to the potential of future such meetings. In this lat er regard, we believe it would be productive for such future meetings if the Chairperson of the Board of Supervisors were included in the development of the agendas for the meetings. To this end I look forward to working with you and the other mayors to usher in a new era of cooperation an I coordination among our organizations. Sincerely, MICHAEL P. "MIIM11 RYAN, Chairman Board of Supervisor attachments cc: Each City Mayor c.wpwin%wpdocslmr\carden.1tr11 A JOINT RESOLUTION OF THE CITY COUNCILS OF SAN LUIS OBISPO COUNTY AND THE COUNTY BOARD OF SUPERVISORS URGING THE CONGRESS OF THE UNITED STATES TO STREAMLINE THE PROCESS LOCAL AGENCIES MUCH FOLLOW TO OBTAIN PERMITS TO CONSTRUCT IMPROVEMENTS TO REPAIR DAMAGE CAUSED BY DISASTROUS FLOODING AND TO PROTECT IMPROVED AND UNIMPROVED WATERWAYS FROM FUTURE FLOOD DAMAGE WHEREAS, the Federal Government has adopted the National Environmental Policy Act Clean Water Act and the Endangered Species Act; and WHEREAS, the Federal Government did thereby assume regulatory authority over placement of fill and exc'vation of material from within all waterways and wetlands and protection of biological organisms living within the waterways and wetlands; and WHEREAS, the Federal Government has defined all work to, in, on or within those waterways and wetlands to be under their jurisdiction; and WHEREAS, local agencies are thus required to obtain permission of the Federal Government prior to addressing the needs of their citizens; and WHEREAS, the Federal Government has spread the implementation of the National Environmental Policy Clean Water Act and Endangered Species Act among a myriad of agencies and under a myriad of regulations; and WHEREAS, the Federal Government has established the Department of the Interior and the Department of Commerce and assigned them the responsibility to protect certain wildlife; and WHEREAS, the Department of the Interior has not established gui relines, for its assigned area of responsibility, that allow the local agency to address the needs of its-citizens; and WHEREAS, the Department of Commerce has not established guidelines, for its assigned area of responsibility, that allow the local agency to address the needs of its citizens;and WHEREAS, the Department of Army is given authority to issue permits prior to any dredging or filling in waterways or wetlands, and has adopted certain Nationwide Permits; and WHEREAS, the Department of the Army has not issued permits or issued permits expeditiously for projects in accordance with either its Exemption or Natior_wide Permit system protocols, even though said projects are consistent with regulations under its authority, and WHEREAS, the Department of the Army has stated that Congress has not provided sufficient funds to properly implement the review process, and Agency WHEREAS, the Environmental Protection g enc y has the o authority to direct the Department of the Army to restrict or reject a permit application; and WHEREAS, t 'e current practice of issuing permits has not been effective in either protecting the environ nent or the-citizens within urban areas due to internal Federal inconsistencies, missin communication, and non-existent.coordination; and WHEREAS, Governor Pete Wilson in a letter addressed to President Clinton on October 6, 1997 urged that "A learly stated policy is needed to avoid a repeat of can Luis Obispo County's situation, when the County had approval from numerous Federal and State Agencies for emergency work only I o be sued by the Federal Environmental Protection Agency"; and WHEREAS, local agencies must prepare plans, conduct environmental studies and hearings to meet the already strict requirements of the State of California regarding protection of the environment; and WHEREAS, die local agency, with clear, concise Federal guidelines and adopted standards from the State of California, via its permitting process, could enforce the Federal regulations thus enhancing the process and eliminating the confusion and frustration created by multiple Federal permi ting agencies; and NOW, THEREFORE, BE IT RESOLVED by the City Councils 3 the cities of San Luis Obispo County at id the County Board of Supervisors that we urge th,-?resident and Congress of the Unite State of America to move forthrightly and expeditiously to simplify the process of permitting, specially during emergencies, the work necessary in lakes, creeks, waterways, wetlands and to road systems by directing the agencies to adopt fair and equitable standards for use in California and delegate authority to the local agencies and to the State of California to follow those reasonable standards in the process of meeting the needs of their citizens in a way similar to the process the Department of Transportation established for implementation of the ISTEA program for the construction and maintenance of highways. BE IT FURTHER RESOLVED that the City Councils and the Board of Supervisors of San Luis Obispo Cou ty believe this matter is of great urgency for the units of local government and is of the highest public interest both to people residing within cities and counties and therefore, to the citize is of the United States. ATTEST: City Clerk Mayor, City of Arroyo Grande ATTEST: City Clerk Mayor, City of Atascadero ATTEST: City Clerk Mayor, City of Grover Beach ATTEST: City Clerk Mayor, City of Morro Bay ATTEST: City Clerk Mayor, City of Paso Robles ATTEST: , City Clerk Mayor, City of Pismo Beach ATTEST: City Clerk Mayor, City of San Luis Obispo ATTEST: County Clerk Chair, County Board of Supervisors A JOINT RESOLUTION OF THE CITY COUNCILS OF SAN LUIS OBISPO COUNTY ND THE COUNTY BOARD OF SUPERVISORS URGING THE ONGRESS OF THE UNITED STATES TO STREAMLINE THE PROCESS LO AL AGENCIES MUCH FOLLOW TO OBTAIN PERMITS TO CONSTRU T IMPROVEMENTS TO REPAIR DAMAGE CAUSED BY DISASTROUS FLOODING AND TO PROTECT IMPROVED AND UNIMPR VED WATERWAYS FROM FUTURE FLOOD DAMAGE WHEREAS, I he Federal Government has adopted the National Environmental Policy Act naret and I he Endangered Species Act; and WHEREAS, I he Federal Government did thereby assume regulatory authority over placement of fill and e c4vation of material from within all waterways and wetlands and protection of biologic 1 organisms living within the waterways and wetlands; and WHEREAS, the Federal Government has defined all work to, in, on or within those waterways and wetlands to be under their jurisdiction; and WHEREAS, ocal agencies are thus required to obtain permission of the Federal Government prior to ,ddressing the needs of their citizens; and WHEREAS, the Federal Government has spread the implementation of the National Environmental Policy can UVat;er Act and Endangered Species Act among a myriad of agencies and under a myriad of regulations; and WHEREAS, he Federal Government has established the Department of the Interior and .................... ..................... the Department of Commerce and �assnei them the responsibility to protect certain wildlife; and WHEREAS, he Department of the Interior has not established guidelines, for its assigned area of respc risibility, that allow the local agency to address the needs of its citizens; and WHEREAS, he Department of Commerce has not established guidelines, for its assigned area of responsibility, that allow the local agency to address the needs of its citizens; and WHEREAS, he Department of Army is given authority to issue permits prior to any dredging or filling in aterways or wetlands, and has adopted certain Nationwide Permits; and ... :.......:.;::?. h>;:'. s e e s s uetl. e t YY�E�2E�,S.. kt`��:e�;artme�tnft:.:e.:Army.;has::.>:>o�;>:;: oxpedttrously£ox pcfis� >.acdrdancew}th Bather its Exxnptdrt or Itonwi 'erriatt sysfem rid a conststent:with>reations.0 er ifs authorrt.: ancfi o.. ocols<evenahou::: `said .roects::ar...::..:..................................... ....:........:::::::.,:..:. .:._:::........:....:...:...:.. .,..:....::. A....................�...........::::.:::::::.: :::::::::::::P::::.J................................................................' ............ y.:..... . REA$, he T)epartment of the Army.has stated that congress has not pr4ved ,.mil- their own liationwide Permit systCn17, CVCn thOlug-lirthat might be internally consistent with its WHEREAS, the Environmental Protection Agency has the authority to direct the Department of the Army to restrict or reject a permit application; and WHEREAS, the current practice of issuing permits has not been effective in either protecting the environment or the citizens within urban areas due to internL�1 Federal inconsistencies, missing communication, and non-existent coordination; and ' obe r 6 17 urged that curly staffed policy is el- 21 avoid a repeat of Sin Luisbspo fr bounty`s situat1. on, vheri the bounty had approval from numerous Federal and Satelgeneo. emergency work only to be sued;by the Federal EnvironmentalProtecton Agency';az WHEREAS, local agencies must prepare plans, conduct environmental studies and hearings to meet the already strict requirements of the State of California regarding protection of the environment; and WHEREAS, the local agency, with clear, concise Federal guidelines and adopted standards from the State of California, via its permitting process, could enforce the Federal regulations thus enhancing the process and eliminating the confusion and frustration created by multiple Federal permitting agencies; and NOW, THEREFORE, BE IT RESOLVED by the City Councils of the cities of San Luis Obispo County and the County Board of Supervisors that we urge the President and Congress of the United State of America to move forthrightly and expeditiously to simplify the process of permitting,especially dutruig emergencies;the work necessary in lakes, creeks, waterways, amlwetlands and ao oad syat.et s by directing the agencies to adopt fair and equitable standards for use in California and delegate authority to,the local agencies and to the State of California to follow those reasonable standards in the process of meeting the needs of their citizens in a way similar to the process the Department of Transportation established for implementation of the ISTEA program for the construction and maintenan;e of highways. BE IT FURTHERRESOLVED that the City Councils and the Board of Supervisors of San Luis Obispo County believe this matter is of great urgency for the units of local government and is of the highest public interest both to people residing within cities and counties and therefore, to the citizens of the United States. ATTEST: City Clerk Mayor, City of Arroyo Grande ATTEST: City Clerk Mayor, City of Atascadero ATTEST: City Clerk Mayor, City of Grover Beach ATTEST: City Clerk Mayor, City of Morro Bay ATTEST: City Clerk Mayor, City of Paso Robles ATTEST: City Clerk Mayor, City of Pismo Beach ATTEST: City Clerk Mayor, City of San Luis Obispo ATTEST: County Clerk Chair, County Board of Supervisors ITEM NUMBER: A - 2 DATE: 01127/98 ATASCADERO CITY COUNCIL MINUTES JANUARY 13, 1998 CLOSED SESSION, 6:30 P.M.: 1) Conference with labor negotiator (Govt. Code Sec. 54957.6): Agency Nc gotiator: City Manager Employeeorganizations: Mid-Management/Professional,.Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascaderc Sergeants Service Orgn., Atascadero Police Officers Assoc., Atascadero Public Safety Technicians Orgn. 2) Public Employee Appointments (Govt. Code Sec. 54954.5) Title: Police Chief, Community Development Director Mayor Carden adj urned the Closed Session at 7:02 p.m. City Attorney Roy Hanley, announced that the Council gave direction to City Manager Wade McKinney on the contracts for the Police Chief and Community Development Director appointments. There was no action on Item #1. REGULAR SESSION, 7:00 P.M.: Mayo Carden called the Regular Session to order at 7.06 p.m. PLEDGE OFALLEGIANCE: Mayor Pro Tem Ray Johnson ROLL CALL: Present: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden Absent: None. Staff Present: Wade McKinney, City Manager; Mike McCain, Fire Chief; Steve DeCamp, Acting Community Development Director; Brady Cherry, Community Services Director; Lt. Bill Watton, Acting Police Chief; Rachelle Rickard, Acting Finance Director; and Roy Hanley, City Attorney Others Present: Rudy Hernandez, Treasurer and Marcia Torgerson, City Clerk CC 01/13/98 Page 1 of 10 City Manager Wade McKinney, requested that the Council add an item, the Acceptance Of a Final Parcel Map #97003, to the agenda. He explained that this issue arose after the Preparation of the agenda. It is for a piece of property where the escrow will close on January 20' which is prior to Council's next scheduled meeting. Council Member Lerno stated that he would be stepping down on this item due to a potential conflict of interest. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson to approve the agenda and add the Acceptance of Final Parcel Map #97003. Motion passed 4.0 by a roll-call vote (Lerno abstained) Mayor Carden stated that the newly-added item will be placed on the Consent Calendar as Item #A-6. - COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Pro Tem Johnson thanked Community Services Director Brady Cherry for the work that has been accomplished at the lake. Council Member Clay commented regarding the REC program. They have reported a i reduction in disciplinary problems. 1. Committee Appointments Mayor Carden reviewed the appointments to the various committees for the Council Members. 2. Report from City Clerk Planning Commission Vacancies City Clerk Marcia Torgerson explained to the Council the status of the Planning Commission and the current pool of applicants. Mayor Carden stated that he would like to see the City Clerk advertise for two vacancies and then the Council would appoint two applicants in February. He asked for consensus from the Council. There was consensus of the Council for the City Clerk to advertise for two vacancies of the Planning Commission and place on the Council's agenda in February. CC 01/18/98 Page 2 of 10 COMMUNITY FORUM: Terrill Graham, 62)5 Conejo Road, expressed his concerns of the public being noticed regarding items of importance. PRESENTATIONS: Acting Police Chic f Lt. Bill Watton presented to the Council new employees Andrew Small, Terry O'Farrell, Eric Vitale, and Michele Schamber. The Council con gr tulated and welcomed the new employees. CORRESPONDENCE: None. A. CONSEN CALENDAR: Roll Call 1. Citv Council Minutes—November 25, 1997 (City Clerk recommendation: Approve) 2. City Council Minutes—December 9, 1997 (City Clerk recommendation: Approve) 3. Cily Treasurer's Report—November 1997 (City Treasurer's recommendation: Review &accept) 4. November 997 Accounts Pa able and Pa oll -Fiscal Impact: $936,595.11 (Staff recommendation: Approve) 5. Youth Recreation Center Building Lease—with Youth Network/Friday Variety Night—Fiscal Impact: $900.00 monthly income (Staff recommendation: Council authorize the City Manager to sign a lease with Youth Network/Friday Variety Night.) 6. Acceptance of Final Parcel May—3825 Monterey Road—Fiscal Impact:None (Staff recon mendation:Accept final Parcel Map #ATAL 97-096) Council Member C lay pulled Item#A-5. Eric Greening pulled Items #A-1 and#A-2. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to approve Items#A-3,4, and 6. Motion passed 5:0 by a roll-call vote (Lerno abstaining on #A-6) RE: #A-1 —Mr. G eening pointed out a typographical error on page 6. : #A-2—Mr. Greening clarified his comments on page 2. � g pg CC 01/13/98 Page 3 of 10 f I MOTION: By Council Member Clay and seconded by Council Member Lerno to approve Item #A-1. Motion passed unanimously by a voice vote. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to approve Item #A-2. Motion passed unanimously by a voice vote. RE: #A-5 - Council Member Clay stated that he wanted to bring attention to the fine job that the Friday Variety Night is doing. He feels it is a great program. Community Services Director Brady Cherry explained that the fiscal impact of this item is actually $900 annually, not $900 monthly as stated in the agenda. PUBLIC COMMENT Rush Kolemaine, P.O. Box 1990, commented on Dr. Dodds, who was quoted in the newspaper about the°school's use of the Youth Center. He was concerned about the status of that option. Mayor Carden stated that the City and the School District are discussing joint use of the facility. --End PUBLIC COMMENT— MOTION: By Council Member Clay and seconded by Mayor Pro Tem Johnson to approve Item #A-5. Motion passed unanimously by a voice vote. B. PUBLIC HEARINGS: 1. Revision of Ordinance No. 337 - Amends Ordinance No. 304 concerning weed abatement - Fiscal Impact: No significant impact - (Staff recommendation: Waive the reading of Ordinance No. 337 in full and introduce for first reading by title only) Fire Chief Mike McCain gave the staff report and explained the ordinance to the Council. Mayor Pro Tem Johnson asked if the public will need to be informed of these changes? Chief McCain responded that the public is informed in their notices at the beginning of fire season. Mayor Carden pointed out a typographical error on page 5 of the ordinance at the top of the page; property, should be properly. Council Member Luna thanked Captain Motlo and Chief McCain for working with him on this issue. He stated that he felt "with the permission of the permitting agencies with jurisdiction over the rivers or creeks" needs to be inserted for the City's protection. CC 01/13/98 Page 4 of 10 However, he said that he would prefer that "Creek, River" be deleted on page 5. Mayor Carden as ed the City Attorney for clarification. Mr. Hanley stated that Council Member Luna's suggested amendments would not harm the ordinance. There was consensus of the Council for Council Member Luna's recommendations. Chief McCain agr ed with the recommendations except for the deletion of "Creek, River. PUBLIC COMMENT Eric Greening, 7365 Valle, stated that he agrees with Council Member Lerno's suggestion. He d scussed leaving vegetation in creeks unless a potential hazard exists. Joan O'Keefe, 9985 Old Morro Road East, suggested some amendments that would clarify the ordinance. She also stated that she agrees with Mr. Greening's comments. Terrill Graham, 6205 Conejo Road, said that he is concerned about changes in the creek as a result of cleaning the creek. He also stated that he is concerned that citizens will be notified before work is done on private property. Rush Kolemaine, P.O. Box 1990, stated that he is pleased to see efforts to revise this ordinance. He as ced if, by complying with this ordinance he will not be in violation of State law. Chief qcCain responded, yes. Dorothy McNeil, 8765 Sierra Vista, agreed with Council Member Lerno that they leave the creeks and rivers out of the ordinance. She stated that she is concerned with the definition of vegelative growth and with the Fire Department entering private property for weed abatement. John McNeil, 87 Sierra Vista, expressed respect of Chief McCain's responsibility of fire protection for Atascadero. However, he stated he is concerned about the removal of dead wood in tree on private property. Eric Greening, 7365 Valle, suggested that creeks should be cleared in October, not in the spring during nesting season. --End PUBLIC C OMMENT— Mayor Pro Tem Johnson asked if they removed "Creek, River", what problems would that create? Chie McCain responded that since the Fire Department takes a very active role in assisting in the cleaning of drainage ditches, culverts and creeks which helps protect flooding. Chief McCain also stated that it is very important to keep "Creek, River" in the ordinance because when it falls under the code enforcement area, the red tape for City workers to keep the community free of flooding problems takes too much time. CC 01/13/98 Page 5 of 10 Mayor Carden stated that he would rather see one weed abatement ordinance that covers all weeds in all places as opposed to separate ordinances that address certain weeds in certain areas at certain times of the year. Council Member Clay agreed with Mayor Carden and stated that he wanted the wording suggested by Council Member Luna regarding permission of the permitting agencies. Council Member Luna clarified that by removing "Creek, River", you still have, on page 4, requirements for flood control in waterways which would include creeks and rivers. City Attorney Roy Hanley stated that creeks and rivers are not part of a public drainage control. Ditches, culverts and certain pipes are part of a public.drainage control. Community Services Director Brady Cherry stated that he and City Manager Wade McKinney had conferred and agreed that by deleting "Creek, River" on page 5, but leaving flood control statement on page 4, you have covered all components of the issue. He went on to explain pertinent drainage issues to the Council. There was Council discussion regarding assisting the public in dealing with the permitting agencies. Council Member Lerno stated that he supports Chief McCain's recommendations. Council Member Clay stated that he supports Chief McCain. Mayor Pro Tem Johnson stated that the citizens need to be informed when permits are required. Mayor Carden stated his concerns of the City's liability by making recommendations to private citizens as to their need for a permit. Council Member Luna stated that he can not support this ordinance without removing "Creek, River", especially since the City Attorney pointed out that creeks and rivers are not part of a public drainage control. Chief McCain agreed with removing "Creek, River" based on the City Attorney's advise regarding creeks and rivers. Council Member Luna reviewed the suggested amendments: 1) Add language under Section 6-13.06 regarding agencies to contact, 2) Correct typographical error on page 5 (property to properly), 3) Change title of Section 16-13.06 to "Drainage" and 4) Change language under Section 16-13.06 to read "Any Drainage shall be cleaned...". Council Member Luna asked Chief McCain to explain the process of identifying private properties with weed problems. Chief McCain stated that they drive past properties, they do not go on private property unless invited. CC 01/13/98 Page 6 of 10 MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to waive the reading of Ordinance No. 337 in full and introduce for first reading by title only with the following amendments: 1) Add language under Section 6-13.06 regarding agencies to contact. 2) Correct typographical error on page 5 (property to properly). 3) Change title of Section 16-13.06 to "Drainage". 4) Change language under Section 16-13.06 to read "Any Drainage shall be cleaned...". Motion passed 5:0 by a roll-call vote. 2. Pro osed eneral Plan and Zonin2 Amendments - 4650 El Camino Real - Fiscal Impact: None (Staff recommendation: 1)Approve Resolution No. 108-97 thereby amending the land use designation, and, 2) Approve zone change by waiving the reading of Ordinance No. 339 in full and introduce for first reading by title only) Steve DeCamp gave the staff report. Council Member Clay stated that he needs to step down due to a potential conflict of interest. --No PUBLIC COMMENT— MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna to approve Resolution No. 108-97 and approve Ordinance No. 339, waiving the reading in full and introduce for first reading by title only. Motion passed 4.0 by a roll-call vote. (Clay abstained) C. MANAGEMENT REPORTS: 1. Diablo Canyon Use Tax Sharin - Fiscal Impact: Potential gain 97-98, $20,000; Potential gain 98-99, $40,000, Potential long-term loss is unknown - (Staff recomme ation:Authorize City Manager to sign a MOU with the County Mayor Carden asked the City Attorney if he needed to step down on this item. City Attorney Roy Harley stated that if there is no action being taken, he did not need to step down. Wade McKinney gave the staff report. Mayor Carden sta ed that he does have to step down on this item due to a potential CC 01/13/98 Page 7 of 10 conflict of interest. There was Council discussion concerning the options presented by the City Manager. --No PUBLIC COMMENT— MOTION: OMM ENT—MOTION: By Council Member Luna and seconded by Council Member Lerno to authorize the City Manager to sign an MOU with the County. Motion passed 4.0 by a roll-call vote. (Carden abstained) 2. Information Bulletin: The Council received and filed the information contained in the Bulletin. City Manager Wade McKinney commented that the Joint City Councils Meeting was well attended and well organized by the City Clerk. D. ATTORNEY REPORTS: 1. Ordinance No. 342 - Sidewalk Maintenance and Repair -Fiscal Impact:None - (City Attorney recommendation: Waive the reading of Ordinance No. 342 in full and introduce for first reading by title only) City Attorney Roy Hanley gave the staff report. Council Member Clay asked if this ordinance only pertains to sidewalks. Mr. Hanley responded that it would apply to portions of driveways that intersect sidewalks. He stated that it would also include curbs. PUBLIC COMMENT Joan O'Keefe, 9985 Old Morro Road East, asked if this item is an informational report or an action item. Mayor Carden responded that this ordinance would be coming back for first reading on the next agenda. Terrill Graham, 6205 Conejo Road, spoke regarding the requirement of contractors to have licenses. Mayor Carden stated that Mr. Graham's time was up. Mr. Graham refused to sit down. Mayor Carden adjourned the meeting at 8:50 p.m.for a 10 minute break while the Sergeant at Arms removed Mr. Graham. Mayor Carden re-opened the meeting at 9:00 p.m. --End PUBLIC COMMENT— CC 01/13/98 Page 8 of 10 Mayor Carden sta ed that there since there was some confusion on this item, he asked that the City Attorney agendize this item as a public hearing on the next agenda. 2. Informatio Re ort - Cash Franchise Procedures City Attorney Roy Hanley gave his report. He explained that Falcon Cable does not have an exclusive franchise agreement with the City. The Council asked questions for clarification of the City Attorney. E. CONMIT TEE REPORTS S.L.O. County Mayors Grou Mayor Carden an ounced that they will meet on January 29'x. Chairman Ryan will attend quarterly. Supervisor Brackett, in her capacity as President for the SLOCOG and Chairperson of the Board of the Regional Transit Authority will make short presentation on potential modi ications to the JPA for SLORTA and SLOCOG. S.L.O. Council o Governments/S.L.O. Reizional Transit Authority Mayor Carden stated that they have accepted the resignation of Alan Cantrell, Manager of the Regional Transit Authority. They are looking at consolidating the transit systems. Count Water Ad isor Board/Nacimiento Water Purveyors Advisory Group Council Member Clay stated he attended several water meetings last month. There was discussion of the affects of water removal at Nacimiento. Also, Monterey County attended. There i an ad hoc committee in San Luis Obispo that is working on a Water Master Plan forte entire county. North Countv Council Mayor Carden stated that one of the water committees will be asked by NCC to create a report addressing the options of the Nacimiento Plan on April 9'. Council Member Clay stated that they w 11 have a delegate attend the NCC meeting. Inte rated Waste Mana2ement Authority Council Member Luna announced that tomorrow's meeting was cancelled. F. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Pro Tem J hnson asked Acting Police Chief Lt. Bill Watton about the status of Peer Court. Lt. Watton stated that he felt it was a good program. The attorney handling that program wen to Australia for a year so the program is on hold. Mayor Carden asked the City Manager to run a press release requesting assistance from the legal community to perpetuate this program. CC 01/13/98 Page 9 of 10 CitC City Clerk Marcia Torgerson asked for clarification on the issue of filling the Planning Commission vacancies. She asked if they wanted her to advertise the vacancies and set up interviews for any new applicants. Mayor Carden responded, yes. G. ADJOURNMENT: Mayor Carden adjourned the meeting to the next scheduled Regular Session on January 27, 1998. MINTUES RECORDED AND PREPARED BY: Marcia M. Torgerson, City Clerk CC 01/13/98 Page 10 of 10 ITEM NUMBER: A _ q DATE: 01/27/98 1979 CADS City Treasurer's Agenda Report Rudy Hernandez Treasurer's Report -December 1997 RECOMMENDATION: City Treasurer and Sta f recommend that Council review and accept the December 1997 Treasurer's Report REPORT IN BRI F: Cash and Investments Checking $ 509,879 Certificates of E eposit 1,027,776 LAIF 7,601,167 Cash with Fisca Agents 262,838 Cash in Banks at December 31, 1997 $ 9,401,660 Deposits in Transit 17,146 Outstanding Ch cks (190,048) Cash ind Investments at December 31, 1997 $ 9,228,758 FISCAL IMPACI : None RESPONSIBLE ]DEPARTMENT: Finance ATTACHMENTS: Cash and Investments Activity Summary Cash and Investments by Fund Time Deposits, Certificates of Deposit, Savings and Local Agency Investment Fund Schedule of Certificates.of Deposit Page 1 of 5 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF DECEMBER 1997(UNAUDITED) CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at December 1, 1997 $ 555,098 $ 7,248,943 $ 263,634 $ 8,067,675 Receipts 2,479,752 1,112 2,480,864 Disbursements (1,144,971) (1,908) (1,146,879) Transfers In 170,000 1,550,000 1,720,000 Transfers Out (1,550,000) (170,000) (1,720,000) Balance per Banks at December 31, 1997 $ 509,879 $ 8,628,943 $ 262,838 9,401,660 Deposits in Transit 17,146 Outstanding Checks (190,048) Adjusted Treasurer's Balance $ 9,228,758 CITY OF ATASCADERO ANDE Treasurer •. Page 2 of 5 CITY OFATASCADERO TREASURER'S REPORT CASH&INVESTMENTS BY FUND DECEMBER 1997 RESERVED UNRESERVED CASH(1) CASH(2) TOTALS POOLED CASH General Fund $ 2,558,167 Gas Tax Fund 168,913 Development Fee Fund 1,196 Community Development Bloc Grant (2,257) Police Development Fees Fund (2,280) Fire Development Fees Fund 39,406 Parks&Rec Development Fee Fund 27,674 Drainage Development Fees F nd 220,167 Amapoa-Tecorida Fees Fund 124,542 Public Works Development Fees Fund 433,819 Street Maintenance Districts Fund 51,724 TDA Non-Transit Fund 193,336 Sidewalk Fund 45,342 Capital Projects Fund (59,085) Camino Real Construction Fun 1 31,011 Dial-A-Ride Fund 27,598 Wastewater Operations Fund 2,031,404 Sewer Facilities Fund 2,642,204 Assessment District#3 8,682 Assessment District#4 95,931 Assessment District#5 653 Camino Real Debt Service Fund 145,375 92 Street Improvement Assessi rient Fund 88,033 Assessment District#7 9,179 Assessment District#8 647 Assessment District#9 60,314 Assessment District#10 564 89 COP Debt Service Fund Tree Plant Fund 23,666 Tree Association Fund (5) Total Pooled Cash $ 433,039 $ 8,532,881 $ 8,965,920 CASH 97M FISCAL A GEN Wastewater Operations Fund 4,408 Camino Real Debt Service Fur d 205,847 92 Street Improvement Assessi nent Fund 51,950 89 COP Debt Service Fund 633 Total Cash with Fiscal Age it $ 262,838 " $ - 262,838 Total of All Cash $ 9,228,758 Page 3 of 5 CITY OFATASCADERO TREASURER'S REPORT TIME DEPOSITS, CERTIFICATES OF DEPOSIT, SAVINGS AND LOCAL AGENCYINVESTMENT FUND DECEMBER 1997 INVESTMENT INTEREST AMOUNT EARNINGS Orange County Investment Pool/TRAN $ - $ 1,609 (6) Orange County Investment Pool - 51,206 (6) Local Agency Investment Fund(3) 7,601,167 269,106 Certificates of Deposit(see attached schedule), 1,027,776 52,227 TOTAL $ 8,628,943 374,148 Mid State Interest Received 15,677 TOTAL INTEREST RECEIVED $ 389,825 (5) Notes: (1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) On July 1, 1997, the City received $1,200,000 in the form of a Tax Revenue Anticipation Note (TRAN). The City must repay this amount including $ 53,850 of interest (4.50% per annum) on June 25, 1998. The total repayment($1,200,000+$53,850) is$1,253,850. (4) December 1997 interest yields were as follows: Orange County Not available LAIF 5.71% Mid-State 2.43% (5) This is the 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. Furthermore, with the exception of the Orange County Investment Pool, interest earnings are reported on a calendar year basis. (6) On December 6, 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a loss of$1,155,283.04 on 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. Page 4 of 5 CITY OF ATASCADERO TREASURER'S REPORT HED ULE OF CERT FI A TES OF DEP IT DECEMBER 1997 PURCHASE MATURITY YIELD YTD BANK DATE DATE RATE AMOUNT INTEREST Bank of Santa Maria 7/24/97 1/27/98 5.01% $ 99,000.00 $ 5,112.91 Templeton Bank of America 7/30/97 1/30/98 4.40% $ 99,000.00 $ 4,572.15 Atascadero Los Padres Savings 8/12/97 2/8/98 5.22% $ 99,000.00 $ 7,108.46 Santa Maria First Bank of SLO 8/19/97 2/19/98 5.40% $ 99,000.00 $ 4,428.93 San Luis Obispo Wells Fargo Bank 8/22/97 2/22/98 4.50% $ 99,000.00 $ 4,554.00 San Luis Obispo West America Bank 8/23/97 2/23/98 5.00% $ 99,000.00 $ 4,975.13 San Luis Obispo First Bank&Trust 7/26/97 2/28/98 5.48% $ 99,000.00 $ 5,537.24 Santa Maria Santa Barbara Bank& 9/6/97 3/6/98 5.24% $ 99,000.00 $ 4,989.05 Trust-Santa Maria Santa Lucia Bank 12/19/97 6/18/98 5.15% $ 36,776.00 $ 922.33 Atascadero Union Bank 12/23/97 6/21/98 4.90% $ 99,000.00 $ 4,853.75 Atascadero Great Western Bank 12/28/97 6/26/98 5.08% $ 100,000.00 $ 5,173.40 Atascadero TOTAL $ 1,027,776.00 $ 52,227.35 Page 5 of 5 ITEM NUMBER: A — 4 DATE: 01/27/98 1918 ■ 11 9 City Manager's Agenda Report Wade G. McKinney DECEMBER 1997 ACCOUNTS PAYABLE & PAYROLL RECOMME ATION Approve certified City accounts payable,payroll and payroll vendor checks for December, 1997. DISCUSSION Attached for City ouncil review and approval are the following: Payroll Period En 12/05/97 Ck. #33059-33220 $ 134,947.41 Period End 12/19/97 Ck. #33243-33396 $ 119,496.31 eci 1 ll Dated 12/' 9/97 Ck. #33240-33242 $ 351.71 Dated 12/2.9/97 Ck. #33415-33419 $ 63.55 Pavroll V nd rs Dated 12/12/97 Ck.#33221-33239 $ 47,816.64 Dated 12/ 4/97 Ck. #33397-33414 $ 44,408.13 Dated 12/ 1/97 Ck. #33420-33432 $ 29,577.10 Accounts Payable Dated December 1-31, 1997 Ck.#-60354-60825 $ 621,705.44 Ck. #EFT10-EFT11 $ 48,295.65 TOTAL AMOUNT $ 1,046,661.94 '?()OCOI City Manager's Agenda Report S December 1997 Accounts Payable and Payroll Page Two FISCAL IMPACT Total expenditures for all funds is$1,046,661.94 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. Dated: January 13, 1998 R chelle Rickard,A countant Approved by the City Council at a meeting held January 27, 1998. • Marcia M. 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F• I S S S b C,^_. ,a us 0-.C s` ,.�5 .CD ^' S S c ^s S S--:�c.s 1. 5 o u O S6- t O I C .: v^ _I. Cv •: C � C C P- C C ,v Cv'rv^ Com; C C t.•?J C 3 C '0 'C C i C C C C C UZ t SSSS GSvC;^: CiSCr'oG5 SCr"S GISns lst^�sSSti.^� E�: .:Sa• SL- Gc5 F . X - 1 - CL W. Cee"IX ')00012 ITEM NUMBER: A 5 DATE: .01/27/99 x 1918 1979 City Mana er's Agenda Report Wade G. McKinney Establishment of a No Parking Zone on Viejo Camino RECOMMENDA ION: Traffic Committee recommends: Council adopt Resolution No 1998-004 establishing a No Parking Zone on Viejo Camino from the bridge to the southerly property line of Paloma Creek Park, DISCUSSION: Back ound: The TrEiffic Committee is concerned about pedestrian safety along this section of Viejo Camino when vehicles are parked on the street. This situation is especially dangerous for those parked on the west side of Viejo Camino as they must cross this busy street. Also, small children are extremely difficult to see as they dart out between cars. Recognizing the parkir g situation at Paloma Creek Park,the Traffic Committee notified the Parks and Recreation Commission of their concern regarding the on-street parking. Mr. George Beatie attended a huml ier of Traffic Committee Meetings as their representative. A number of alternatives to on streel parking were discussed and possible solutions were suggested. Mr. Beatie will pursue thes through the Parks and Recreation Commission. A consensus was reacb ed that, since a traffic hazard clearly exists, safety concerns must take precedent over parking issues. Therefore,the Traffic Committee is recommending prohibiting parking on both sides c f Viejo Camino from the bridge to the south property line of Paloma Creek Park FISCAL IMPAC The cost of posting thi area is approximately$200.00. ')00013 ITEM NUMBER: A - 5 DATE: 01/27/98 • ALTERNATIVES: Council can choose not to approve Resolution No. 1998-004 Advantages: Does not eliminate a parking space. Disadvantage: Hazard will continue to exist RESPONSIBLE DEPARTMENT: Community Development Department ATTACHMENTS: Resolution No. 1998-004 j ')00014 • RESOLUTION NO. 1998-004 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A NO PARKING ZONE ON A PORTION OF VIEJO CAIVIINO WHEREAS, Section 4-2.1101, et. seg., of the Atascadero Municipal Code allows the City Traffic Engineer to de ignate "No Parking" areas, and to place and maintain appropriate signs or markings indicating the,same; and WHEREAS, 0 e Traffic Committee has determined that establishing a No Parking zone on a portion of Viejo Can'no will provide for increased traffic safety. NOW, THE FORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place;and maintain appropriate signs or markings as indicated in the attached "Exhibit "A". On motion by ouncilmember , and seconded by Councilmember , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: . AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By MARCIA M. TORGE RSON, City Clerk HAROLD L. CARDEN, III, Mayor APPROVED AS TO ORM: ROY A. HANLEY City Attorney PJ 0 w R ar � sf s °Pa 00°`� aa�ta9 vo Q G 101 ps Vas C J A b w q mw c • o Ira ro a�0 O m PROPO ED NO P RKING 0 BOTH SIDES c o Rd o Sar 0 c� m S Barbara Rd �a ai aib a� 5a e� 0 Oo o -o 0 mi 0.1 0.2 0.3 0.4 0.5 Mw�mor�, Streets Plus VIEJO CAMINO NO PARKING ZONE CopAW a 198&1988.Microsoft Cwporakn wWw Its si wiw*.N dpMs mswvsd. Pepe 1 100016 ITEM NUMBER: A - 6 DATE: 01727/98 1918 1-117-1 CADS City Manager's Agenda Report Wade G. McKinney Establishment of a 3-Way Stop Intersection at Sycamore and Miramon Avenues RECOMMENDA ION: Traffic Committee re mmends: Council adopt Resolution No. 1998-005 establishing a 3-way stop intersection at Sy amore and Miramon Avenues. DISCUSSION: Background: The visibility at this location is obstructed due to vegetation and the curvature of the roa way. By requiring motorists to stop at this location, the Traffic Committee feels tha the safety of this intersection will be improved. FISCAL IMPAC The cost of the purchase and installation of the stop signs are approximately$300.00. ALTERNATIVE Council can choose n(t to approve the installation of this sign. Advantages: Cost savings,uninterrupted traffic flow Disadvantages Intersection will remain uncontrolled; potential liability for future accidents as the city has been notified of a possible hazardous condition. This alternative is-not recommended. A stop sign is a relatively low cost improvement,which could protect not only the traveling public,but also the city from future liability. . RESPONSIBLE EPARTMENT: Community Development Department ATTACHMENT,S: Resolution No. 1998-005 ')0001'7 RESOLUTION NO. 1998-005 T RESOLUTION OF THE CITY COUNCIL OF THE CITY OFA ASC ADER O DESIGNATING A 3-WAY STOP INTERSECTION ON SYCAMORE AND MIItAMON AVENUES MWEREAS, Section 42.801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same;and wMKEAS, the Atascadero Traffic committee has recommended than Establishing a STOP intersection at the location described on attached Exhibit "A' will improve a hazardous traffic condition. NOW,THEREFORE,BE 1T RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating a STOPintersection at the location listed above. On motion by Councilmember , and seconded by Councilmember ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: • ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO BY MARCIA M. TORGERSON HAROLD L. CARDEN,III,Mayor City Clerk APPROVED AS TO FORM: ROY A HANLEY City Attorney • o c v Soleded Ave 0 'Av n s 0 t E ay 7 aC a o 0 bQc asP� o a ve 0°` o m m o � Ave � tientlna �m .4e Soft dto P oya AV 4e PROPOSED 3—14AY ° STOP t o ce a m ti0 � 0 a yony • : cenore Ra � P � a � � P,e � 4 ° Ac �e o yds zoo 00o aoo MICeo�O�j�. Streets Plus STOP SIGNS-SYCAMORE&MIRAMON JANUARY 1998 cvpflW O 19eo-1886.MWoaoR Caryomfion w4w its wiWen.N dges reserved. Pepe 1 ITEM NUMBER: A - 7 DATE: 01/27/98 • ■n r■ i9is ia7e CA►D� City Mana er's Agenda Report Wade G. McKinney Rev sion of Ordinance No. 304 (Weed Abatement) RECOMMENDA ION: Staff recommends to a iopt the proposed Ordinance No. 337 (Vegetative Growth) as presented on second reading. Waiv reading in full of proposed Ordinance No. 337. The effective date will be February 27, 1997; hirty(30) days after its said final passage. DISCUSSION: Staff introduced Ordin ce No. 337 at the regular meeting of January 13, 1997. The ordinance is before you with recc mmended changes for a second reading and adoption. FISCAL IMPAC No significant impact xpected. ALTERNATIVE 1) Take no action which keeps Ordinance No. 304 in effect. RESPONSIBLE E EPARTMENT: Fire Department ATTACHMENTS: Proposed Ordinance No. 337 Legal Notice ')00020 ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 13 TO TITLE 6 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE REMOVAL OF VEGETATIVE GROWTH AND/OR REFUSE The Council of the City of Atascadero ordains asfollows: SECTION 1 Chapter 13 of Title 6 is added to the Atascadero Municipal Code to read as follows: 6-13.01. Chapter 13. Removal of WeedsRmbb s , and-Similar Matefia4s. " eetative Gxowtli and/orefuse Whenever the Fire Chief or his authorized representative shall find �,i.;��.� refuse, e„ similarsimilar, *off= egeta; gro;41 as:`lescr bed weeds, f„ in Section 6 13;04, and/or`refuse upon any property, lands, or lots in the City, which in his opinion is or may become a fire hazard or a health and safety.hazard, he shall have cause to be given to the owner of said property.. a notice to remove such weeds, rubbish, refuse,$r-other-material Vege6 e growth and/or refuse which may constitute a fire hazard in the manner hereinafter provided in this part. 6-13.02. Definitions The following words and phfases, when used in this part, shall be defined as follows unless otherwise indicated: a) "City" shall mean the City of Atascadero. b) "Council" shall mean City Council of the City. c) "Drainage" shall mean any ditch, culvert, and/orpipe used as a means of public drainage or drainage control. 1 ')00021 . d) "Fire Chief' shall mean the Fire Chief or authorized representative of the Fire Chief. e) "Nodous w eds" shall mean dry flammable grass or stubble greater than 4" in heigh-2) Weedi t. 1) "Wee Is" shall mean any of.. e fellowifigi. , when mature, bear seeds of a downy of ,,-.,w-hieh are other-wise noxious or- danger-eusi f) "Property" shall mean and include lands, lots, drainage structures, drainage xays, and/or drainage easements. g) "Refuse" shall mean waste matter, appliances, abandoned automobiles,junk, litter, trash, MQ� debris, fubbish, dirt,-dry-grass, cut vegetative growth, dead trees which threatenstructures or streets, tin cans, paper, waste material of every kind, or other unsanitary substance, object, or condition which is, or when dry, may become a fire hazard, or which is or may become a menace to health, safety, or welfare, . h) "Street" hall mean public streets, alleys, parkways, sidewalks, and areas between sidewalks and curbs. i) "Vegetat ve Growth', shall mean flammable vegetation nand combustible growth.' 6-13.03 Ve' etative�Grorwth and/or Refuse a"re Public Nuisances The City Council may declare, by resolution in accordance with Sections 39561 39700 of the Government Code, that all weeds vegetative,2romth, as described in Section 6-13.04 © this 11 and/or 2 '100022 refuse, that which are, or may become, a hazard upon or in front of private M property to the center line of adjoining streets in the City, are public nuisances. Also, it shall be unlawful for any property owner in the City to cause or permit any vegetative growth,as described n Sects©n 6-1 3 ©4 of :s ordinance, eembustible, debris, or similar material andlor refuse to beer remain on any real property in the City or on portions of streets adjoining such real property to the center line of such streets. It shall be the duty of every such person to ,.o, eve and destroy such weeds and/or debris vegetative growth and remove or destroy such reuse. The City Council may also declare .=�vegetative,growth as seasonal and recurring nuisances. 6-13.04 Clearance=of Vegetative.Growth Any person owning property in the City shall:: a Maintain around structures, a firebreak made b removin and clearing away, for a distance of not less than 30 feet,.on each side thereof or to the property line, whichever is nearer; all flammable vegetation or combustible 'growth. ;This: ara a 4 does riot a =1 to g g p gr p pP Y single specimens of trees, ornamental shrubbery, or similar plants that are used as ground cover,'if they donform:a means of rapidly transmitting fire from the native growth,to any building o structure. (b) Mow dry noxious weeds which are located within 140 feet of any building or structure, or to the,property line, whichever 1s nearer, (c) Mow dry noxious weeds 50 feet.-from theedge;of mproved roadways; 50 feet from each'property line, and 10 feet on eachside of driveways. (d) Remove that,portion of any;tree that extends w thm 10 feet of the outlet of any chimney or stovepipe. 3 ')i10023 (e) Maintain any tree adjacent;;to or overhanging any buxlrydt' fret of dead wo & (f) Provide a nd maintain, at all times, a,screen over. the outlet of every chimm r;stove e that s attached to anyfire lace Move pr Qthe Y pP „ p device th t burns any sold or liquid fuel, The screen.shall be construct,,So of nonflammable material with operin s not mo e t at 0 �. one "cl m size: 6-13.05 Exem -ion to Section 6-13.04 An exemption f pm Section 6-13.04,of this ordinance shall apply to any land beyond 50 feet from,improved streets, as declared by the it1ty, State, "r Federal Gave ent, which has been,acquired or'is managed, for;tine or more of the following purposes:: (a) Ha itat for endangered or threatened species, or any species that is a candidate for listing as an endangered'or threatened sp cies_by the State of California or Federal Government. (b) Lai id kept in a predominantly natural state as habitat for wildlife, plant, or animal communities. (c) Op on space lands that are environmentally sensitive park-lands: (d) Other lands having scenic values. Abatement requirements shall remain in effect inwaterways where flood preparation measures and emergency flood'control mitgari,.on is necessary (1) This exemption applies whether the land or water are held in fee title or any,le,ser interest. This exemption applies to any public age _6' and priva e"entity that has dedicated the land or waterareas to one or more of,; ose purposes or uses;or any combination of pbc agencies ind private entities making that-decision. 4 0002•' (2) This section shall not be::canstrued to prohibit the use of properly authorized prescribed burarrzn to im rove`the biolo cal ftr�c;M an of g1 p g � land or toassist in:the restoration of desired vegetation: (3) In the event that any lands adjacent£to land or water reass described above, are,rmp axed suchthat.t. ey are sub ordinance, the obligation to corn 1 zth,Section 6416 4 sh lie - py . a with the person owning,,,; easing ;controlling, operating, or maintaining the occupied dwelling oroccupied structure on�;e lniproved lands An maintenance, activities, and other ire prevention measures requtre&:by Section 6 13 04 shall be xequ red only fc r'+ improved land; acrid water areas as described above; 6-13.06 C— eek, Ditches and Culy ft With the permission of the permitting agencies with jurisdictten over the area in question, any ' moans „f,,ublie drainage eentfol shall be cleaned and maintained n a F •manner that does not restrict the.natural or engineered flaw of water:;, 6-13.07 Superseding of Uniform Fire Code M.F.C.) Section 6-13 supersedes the Uniform Fire Code, Appendix 11 A Sections 16. And 17. 6-13.08 Notice to Destroy or Remove `Foods an r,ob,-;., Veg6ttatiye Growth and/or Refuse In the event the person or persons owning, occupying, renting, managing, or controlling any real property in the City shall fail to remove therefrom and from the portions of streets adjoining such property all weeds and vegetative growth;as,described'in Section 6 13.04 andlo retus in accordance with the provisions of this part, it shall be the duty of the Fire Chief or his authorized representatives to notify such person(s) to remove the same. The City Council may direct the City Clerk, in accordance with Section 39567.1 of the Government Code, to mail written notice of the • proposed abatement to all persons owning property described in the 5 ' 00025 iresolution. The City Clerk shall cause such written notice to be mailed to, each person to whom such described property is assessed in the last equalized asses ment roll available on the date the resolution was adopted by the City Council. The address of the owner(s) shown on the assessment roll shall be con lusively deemed to be the proper address for the purpose of mailing such no Lice. Such notice shall be mailed at least fourteen (14) days prior to the time fixed for hearing objections by the City Council. 6-13.09 Form qf Notice The Notice shall be substantially in the following form: NOTICE TO DESTROY VEGETATIVE GROWTH AND/OR REMOVE REFUSE Vxr�e "'`TT' A.�M DIRT Notice is hereb given on the day of , 19 , the City Council pa 3sed a resolution declaring that (insert the appropriate hazard: noxious weeds, vegetative growth, refuse, etc.) constitute a(rns`ert the appropriate erm: fire hazard, or health and safety hazard} whidh must;be abated by the (iiisert the appropriate phrase: cutting of said noxious weeds, or removal of said health and safety hazard). If the owner does not„abate the hazard it will be abated by the City and the cost of the removal assessed upon the Count, property tax bill, and will constitute a lienupon such land until paid. Refcrence is hereby made to the resolution for further particulars and Ordinance No. 337. or dangerous weeds were n,-., i fr„r+ ef the prepe.-F. on this St eet, and that > fefuse, and dirt may be upe.n.or- in ffei# of pr-)peftyen this street, in the Cit-yef , and mefe nuisaflee 11A.4fl.i.e4h must be abated by the r-efneval ef weeds, Fubbish, refuse, and dift.. Othe.rlvise they will be r-effieved any the nuisanee abated by th-e City a B. -- femoval assessed upon the land ffem or in ftent of Whie the weeds, rubb.sh, refuse, and dift are r-emoved and will eenstitute a lien. upon sueh land :mfil paid. Refer-enee is hereby Fnade to the r-eselutie . A copy of said resolution is on file in the office of the • City Clerk, 6 1)00026 All property owners having any objections to the proposed removal of the a hazaard weeds, ,..,bb is , refuse, and d are hereby notified to attend a meeting of the City Council of the City of Atascadero to be held when their objections will be heard and given due consideration. Dated this day of 19—. Fire Chief City of Atascadero 6-13.10 Hearing of Objections At the time stated in the notices, the council shall hear and consider all objections to the proposed removal of vegetative growth and/or refuse. weeds, t=ubbish, refuse, QZIbN d similar- materials-. At the conclusion of the hearing, the Council shall allow or overrule any objections. At that time, the City acquires jurisdiction to proceed and perform the work of abatement. The decision of the Council is final. 6-131.1 Order to Abate Nuisance If objections have not been made or after the Council has disposed of those made, it shall order the Fire Chief to abate the nuisance(s). 6-1112' Destruction and Removal of Weeds an v L� Vegetative„Growth and/or Refuse by City In the event the person or persons owning, occupying, renting, managing, or controlling real property in the City shall fail to remove or destroy weeds an refuse vegetative growth ai�cifox t'efuse, in accordance with provisions of this ordinance within ten (10) calendar days after the hearing of objections an order to abate nuisance, it shall be the duty of the Fire Chief and his,deputies, assistants, employees, contacting agent, or other representatives to destroy or remove such weeds and refuse Yegetati�f� • growth;and/or refused: They and eaeh of them, are hereby expressly 7 authorized toe ter upon private property for such purpose,— n t shall be unlawful for an person to interfere, hinder, or refuse to allow them to enter upon private pr perty for sueh the purposes), and to destroy or remove vegetative grpwth and/or refuse, in accordance with the provisions of this part. Any person owning , occupying, renting, managing, leasing, or contr fling real property in the City shall have the right to destroy or remove weeds andrefuse efu a vegetative growth and/©r refuSel, or have the same d stroyed or removed at his own expense, at any time prior to the arrival of the Fire Chief or his authorized representatives for such purpose(s). .6-13.11:1 Account and Report of Cost of Abatement The Fire Chief or his authorized representatives shall keep an account of the cost of ab tement for each separate lot or parcel of land. He shall submit such itemized written report, showing such cost, to the Council for confirmation. S ach report shall refer to each separate lot or parcel of land by descriptions ifficiently reasonable to identify the same, together with the expense proposed to be assessed against it, which shall include charges sufficient to pay for the administrative costs of the program. 6-13.14 Notice of Report and Hearin The City Clerk shall pest make available a copy of such report and assessment list t his/her office on or- neaf ahe door- of the Couneil meeting room, together With the notice of the filing thereof and of the time and place when and where it will be submitted to the Council for hearing and confirmation. a posting copy shall be available for at least five (5) calendar days prior to the submission of the Council. 6-13.15 Hearing of Report; Modification; Confirmation of Report At the time and place fixed for receiving and considering the report, . the Council sha hear the same, together with any protests or objections of the property owners liable to be assessed for the abatement. Upon the conclusion of such hearing, the Council shall then confirm the report by motion and the mount thereof shall constitute a lien on the property . assessed until paid. The confirmation of the assessment by the Council shall be final and conclusive. 8 100028 6 13.1,6 :Report to Assessor and Tax Collector; Filing Copy of Report with County Auditor A certified copy of the report shall be filed with the County Auditor on or before August 10th of each year for entry of such assessment of the County tax roll. In the event the report cannot be prepared in time for the County Auditor to enter the assessment on the next immediate tax roll, the certified copy may be filed with the County Auditor anytime before August l 0th of the succeeding year. 6-13.17 Collection of Assessment; Penalties and Procedures for Foreclosure The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for • ordinary municipal taxes. SECTION 2 The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in this City, in accordance with Section 36933 of the Government Code; shall certify the adoption of this ordinance; and shall cause this ordinance and certification to be entered in the book of Ordinances of this City. SECTION 3 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. 9 ')00023 On motion by and seconded by the foregoing Ordinance is approved by the following role call vote: AYES: NOES: ABSENT: DATE ADOPT D HAROLD L C EN, III, Mayor ATTEST: • MARCIA M. T RGERSON City Clerk APPROVED A TO FORM: ROY A. HANLE7Y, City Attorney PREPARED BY- MICHAEL :MICHAEL P. 1v1cCAIN, Fire Chief 10 ')00030 NOTICE OF A SECOND READING OF ORDINANCE NO. 337 (VEGETATIVE GROWTH) NOTICE IS HEREBY GIVEN that Ordinance No. 337 will be introduced for a second reading before the City Council of the City of Atascadero. Said ordinance, if passed, will amend Ordinance No. 304 by insertion to include the vegetative growth requirements. Weed Abatement Ordinance No. 304 was adopted by the City Council on April 23, 1996. The primary provisions of this ordinance are as follows: ♦ Section 6-13.02; defines and identifies the requirements for removal of vegetative growth and/or refuse as fire,health, or safety hazards. ♦ Section 6-13.04; providing the clearance of vegetative growth requirements and defining the method abating said hazards. ♦ Section 6-14.05; exemptions to Section 6-13.04 Clearance of Vegetative Growth. This ordinance shall go into effect at the expiration of thirty (30) days after its said final passage. The first reading of this ordinance was passed with recommended changes by the City Council on the following roll call vote: r AYES: 12) • NOES: ABSENT: �- ADOPTED: The City Council.meeting is scheduled for January 27, 1998 at 7:00 pm, in the Rotunda Room of the City Administration Building, 6500 Palma Avenue, Atascadero, at which time any persons wishing to support or oppose the adoption of said ordinance may appear and be heard. NOTICE IS FURTHER GIVEN under provisions of Government Code Section 36933 the required publication in the Atascadero News will be summary only. A certified copy of the full text of this ordinance is posted in the City Clerk's Office, Room 208 of the City Administration Building and at the Library. For more information on this subject, please contact Michael P. McCain, Fire Chief, City of Atascadero Fire Department 461-5070. 1 - 16 YR&Im : DATED Marcia M. Torgerson City Clerk • 10001 1