HomeMy WebLinkAboutAgenda Packet 01/14/1997 i
MA CiA TORGE N
ATASCADERO°CITY COUNCIL CITY CLERK
REGULAR MEETING
JANUARY 14, 1997
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM
7:00 P.M.
George Harold Ray Jerry Ken
Luna Carden Johnson Clay Lerno
This agenda is prepared and posted pursuant to the requirements f Government
code Section 54954.2. By listing a topic on this agenda, the City Council h expressed its
intent to discuss and act on each item.<In addition to any action identified in Me brief general
description of each item, the action that may be taken shall include A referml to;staff with
specific requests for information;continuance,specific direction to staff concerning the policy
or mission` of the item, discontinuance of consideration; authorization to enter into
negotiations and execute agreements pertaining to the item; adoption or approval; and,
disappro vaL
Copies of the staff reports or other documentation relating to each imm of business
referred to on the agenda are on file in the office of the City Clerk (Room 08) and in the
Information Office fRoom 103), available for public inspection during City Mall usiness hours.
The City Clerk will answer any questions,regarding the agenda.
In compliance with the Americans with Disabilities Act, if you need sp clal assistance
to,participate in a City meeting or other"services offered by this City, please contact the City
Manager's Office, f805) 461-5010, or the City Clerk's Office, f8O5) 461-5074. Notification
at)east 48 hours prior to the meeting or time when services are needed will assist the City
staff in assuring that reasonable arrangements can be made to provide accessibility to the
meeting or service.
6:00 P.M.'- CLOSED SESSION:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Names of Cases: City of Atascadero v. Travis Development Cor!). (SLO Co. Su erior Court
0749101 and Schumann v. City of Atascadero (SLO Co. Superior Court CVO 63601
PUBLIC EMPLOYEE APPOINTMENT
Title: Interim City Manager'- Discussion of salary ranges for search for interim replace-
ment 'IG.C. Section 549571'
7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Partici atio back page)
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
COUNCIL COMMENTS
'� COMMUNITY FORUM
A. ` CONSENT CALENDAR: A#matters listed under Item A, Consent Calendar, are
considered to be routine and will be enacted by one motion in the form listed below.
There will be no separate discussion on these items. A member of the Council or
public may, by request, have any item removed from the Consent Calendar, which
shall then be reviewe&and acted upon separately after the adoption of the Consent
Calendar.-
CITY COUNCIL MINUTES November 26, 1996
(City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES - November 20, 1996 (Special Meeting) (cont'd from
12/10/96)
(City Clerk's recommendation: Approve)
3. CITY TREASURER'S REPORT - July, 1996
(City Treasurer's recommendation: Approve)
4. CITY TREASURER'S REPORT - August, 1996
(City Treasurer's recommendation: Approve)
5. CITY TREASURER'S REPORT - September, 1996
(City Treasurer's recommendation: Approve)
6. CITY TREASURER'S REPORT - October, 1996
(City Treasurer's recommendation: Approve)
7. CITY TREASURER'S REPORT - November, 1996
(City Treasurer's recommendation: Approve)
EASURER'S` 6
surer's recornmen a �ve)
9. TENTATIVE PARCEL MAP 96014, 6600 LOMITAS ROAD - Consideration to
subdivide one lot of 8.00 acres into two (2) lots of 3.00 and 4.46 net acres each for
single family residential use ('Graves/Sholders)
(Planning Commission/Staff recommendation: Approve)
10.. FINAL TRACT MAP 96003,'7350 MORRO RD. - Consideration to subdivide one (1)
lot containing 0.7 acres into five (5) parcels ranging in size from 4,458 sq. ft. to
8,500 sq. ft. <(Gearhart/Cannon Associates)
(Staff recommendation: Approve)
11. RESOLUTION NO. 03-97 - Designating a no parking zone on San Andres Ave. at
Cristobal Ave.
(Traffic Committee recommendation: Adopt)
12. RESOLUTION NO. 05-97 -Approving a Memorandum of Understanding between the
City of Atascadero and the Atascadero Sergeants Service Organization
(Staff recommendation: Adopt)
13., RESOLUTION NO. 06-97 - Approving a Memorandum of Understanding between the
City of Atascadero and the Atascadero Police Officers Association
(Staff recommendation: Adopt) �►
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14. RESOLUTION NO. 07-97 - Approving a Memorandum of Underst nding between,the
City of Atascadero and the Atascadero Public Safety Technicians Organization
(Staff recommendation: Adopt)
B. PUBLIC HEARINGS:
1 RESOLUTION NO. 142-96 - Summarily vac#ting a portion of Ard�lla Road pursuant
to Streets & Highways Code, Part 3, Public Streets, Highways and Service
Easements Vacation Law; Chapter 4, Summary Vacation'(RS #913001: Shores)
(Planning Commission/Staff recommendation: Adopt)
C. REGULAR BUSINESS.
1. S.L.O. COUNTY ECONOMIC VITALITY CORPORATION - Present tion by Gregg
Goodwin, President/CEO
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A. Resolution No. 08-97 - Resolution in support of the Economic Vitality
Corporation of San Luis Obispo County (Joint cities/count resolution)
(Staff recommendation: Approve)
B. Appointment of Council representative to EVC Board of Directors
(Staff recommendation: Select Council appointee)
2. RESOLUTION NO. 04-97 - Requesting the Local Agency Formation Commission to
take proceedings for the annexation of territory to the City of Atscadero desig-
nated as the "Southeast Atascadero Public Lands Annexation"
(Staff recommendation: Adopt) E
3. RESOLUTION NO. 01-97 - Approving a Lease Agreement betwe n the City of
Atascadero and Spotlight Ministries for use of the Youth Center n Friday nights for
a drop-in teen program
(Parks & Recreation Commission recommendation: Adopt)
4. ORDINANCE NO. 317 - Amending the official City zoningmap by rezoning certain
real property at 9505 EI Camino Real from CR (Commercial Retai ) to RMF-16 (High
Density Multiple Family Residential) (ZC 96003)
(Planning CommissionlStaff recommendation: Motion to waive r ading in full and
adopt on second reading, by title only)
5. ORDINANCE NO. 318 - Amending the official City zoning map by rezoning certain
real property at 5802 Traffic Way from Downtown Pedestrian'RE tail Overlay to
RMF-16 (High Density Multiple Family Residential) (ZC 96004)
(Staff recommendation: Motion to waive reading in full and adop r on second
reading, by title only)
D. COMMITTEE REPORTS (The following represent standing commi tees. Informative
status reports will be given, as felt necessary.):
1. S.L.O. County Mayors Group
2. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
3. City/School Committee
4. County Water Advisory Board/Nacimiento Water Purveyors Advi ory Group 3
5. Economic Round Table
6. Finance Committee
7. Air Pollution Control District
8. North County Council
9. Ad Hoc Regional Water Management Committee
10. Integrated Waste Management Authority
E. INDIVIDUAL DETERMINATION MO OR ACTION:
1. City Council
2. City Attorney
3. City Clerk: Request direction to advertise upcoming vacancies .on the Planning
Commission, Parks & Recreation Commission and Community Services Foundation
4. City Treasurer
5. City Manager
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RULES OF PUBLIC PARTICIPATION:
The City Council welcomes and encourages your ideas and
comments as a citizen. To increase the effectiveness of your
participation, please familiarize yourself with the following rules of
decorum:
O Members of the audience may speak on any item on the agenda, in the order
the item(s) are addressed by the Council, as directed by the Mayor. Items not
on the agenda should be submitted during the Community Forum period (see
below).
O Persons wishing to speak should step to the podium and state their name and
address, for the official record.
O All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
O No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
O A person may speak for five (5) minutes.
O No one may speak for a second time until everyone wishing to speak has had
an opportunity to do so, and no one may speak more than twice on any item.
O Council Members may question any speaker; the speaker may respond but,
after the allotted time has expired, may not initiate further discussion.
O The floor will then be closed to public participation and open for Council
discussion.
COMMUNITY FORUM:
O The Community Forum period is provided to receive comments from the public
on matters other than scheduled agenda items.
O A maximum of 30 minutes will be allowed for Community Forum, unless
Council authorizes an extension.
O State law does not allow the Council to take action on issues not on the
agenda, staff may be asked to follow up on such items.
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Agenda Item: A-1
Melating Date: 1/14/96
ATASCADERO CITY COUNCIL
NOVEMBER 26, 1996
MINUTES
7:00 P.M. - REGULAR SESSION:
The Mayor called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland
Absent: None
Staff Present: Andy Takata, City Manager; Brady Cherry, Community Services
Director; Art Montandon, City Attorney; Roy Hanley, Deputy City
Attorney; Steve DeCamp, Acting Community Development Director;
Lt. Bill Watton, Acting Chief of Police; Mike McCain, Fire Chief; Stew--
pec, City Engineer; Cindy Holton, Deputy Citi Clerk
CITY COUNCIL REORGANIZATION:
• Resolution No. 105-96 - Reciting the fact of the Regular Municipal Olection held
1 1/5/96 and declaring the result
Motion: By Councilman Bewley, seconded by Councilman J6hnson to adopt
Resolution No. 105-96; Motion passed by 5:0 ro/%aa# vote.
• Administration of Oath of Office to newly-elected City Council Members Jerry Clay,
Kenneth Lerno, George Luna, and newly-appointed City Clerk Marcia;Torgerson
Deputy City Clerk Cindy Holton administered the oath of office to the ngwly-elected
Council members and to City Clerk, Marcia Torgerson, who was appointO on 11/20/96.
• Council appointment of Mayor and Mayor Pro Tempore
Mayor Pro Tem Ray Johnson turned the floor over to City Clerk Marcia lorgerson, who
invited nominations for the position of Mayor.
Motion: By Councilman Carden, seconded by Councilman Luna to nominate
Ray Johnson for Mayor; motion passed by 5:0 voice vote.
Mayor Johnson invited nominations for Mayor Pro Tempore.
Motion: By Councilman Clay, seconded by Councilman Lerryo to nominate Hal
Carden for Mayor Pro Tempore; motion passed by 0:0 voice vote.
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• Presentations to outgoing Councilmen David Bewley and George Highland
Mayor Johnson presented service plaques to outgoing Mayor George Highland (elected
04/94-11/96, Mayor 06/95-Present) and Councilman David Bewley (elected 06/92-11/96,
Mayor 06/94-06/95).
COUNCIL COMMENTS
Councilman tuna thanked his election committee for their dedicated efforts to get him re-
elected. He also expressed his gratitude to Dave Bewley and George Highland for their
work on the Council and wished them both well in their retirement.
Councilman Carden thanked George Highland and Dave Bewley for the many long hours
they put in on the Council and wished them well.
Councilman Clay thanked his election committee for successfully getting him elected and
expressed he is anxious to work on the Council.
Councilman Lerno thanked his election committee and the people of Atascadero for their
support. He also thanked George Highland and Dave Bewley for their service to the
community.
Mayor Johnson welcomed the new Councilmembers and welcomed George Luna back for a
second term.
George Highland congratulated the newly-elected members to the City Council and thanked
Mayor Johnson and Councilman Carden for the time he worked with them on the Council.
He presented a plaque recognizing the efforts of City staff for their assistance, cooperation
and hard work, which was accepted by Assistant Planner Gary Kaiser on behalf of staff.
He made additional comments relative to the importance of local community service in his
life, and he encouraged all citizens to get involved.
Dave Bewley thanked staff for their support during his term and wished the new Council
well:
-- Council recessed for a break from 7:20-7:30 p.m. --
Review committee appointments
Mayor Johnson conveyed that he had circulated a memo to the Council which shows
current committee appointments and asked that the members let him know which
committees they might wish to serve on. Appointments will be scheduled for the next
regular Council meeting.
COMMUNITY FORUM
Micki Ready, Director, Chamber of Commerce, welcomed the new Council and said she
looks forward to working with them.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - October 8, 1996
(City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES- October 17, 1996 (Special Budget Meeting)
(City Clerk's recommendation: Approve)
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3. CITY COUNCIL MINUTES - October 22, 1996
(City Clerk's recommendation: Approve)
4. CITY COUNCIL MINUTES - October 23, 1996 (Special Meeting)
(City Clerk's recommendation: Approve)
5. CITY COUNCIL MINUTES - November 12, 1996
(City Clerk's recommendation: Approve)
6. APPROVAL OF WARRANTS - October, 1996
(Staff recommendation: Approve)
7. TENTATIVE TRACT MAP 96013, 3425/3505 EL CAMINO REAL - Consideration to
subdivide two lots, 8.94 acres total, into eight (8) lots of approximately one acre
each for single family residential development (Norton/Peters)
(Planning Commission/staff recommendation: Approve based on accompanying
Findings and Conditions)
8. TENTATIVE PARCEL MAP 96008, 8805 OLD SANTA ROSA RD. - Consideration of
application to divide a 1.50 acre site (gross) into two parcels of 0.74 and 0.76 acres
for single family residential use (Lanini/Wilson)
(Planning Commission/staff recommendation: Approve based on accompanying
Findings and Conditions)
9. TENTATIVE PARCEL MAP 96004, 7055 SOMBRILLA RD. - Consideration to divide
one parcel of 3.79 acres into three lots of 3.33, 0.24 and 0.22 acres each for single
family residential use using a Planned Development Overlay Zone (PD)
(Streeper/Vaughan Surveys)
(Planning Commission/staff recommendation: Deny based on accompanying
Findings
10. RESOLUTION NO. 104-96 - Approving a Reimbursement Agreement with Kelly V.
Gearhart, et al, for the construction of sewer structures along Alamo Avenue
(Staff recommendation: Adopt)
11. RESOLUTION NO. 90-96 - Approve naming the new service building at the zoo,
"The Buttles Building"
(Staff recommendation: Adopt)
Councilman Luna pulled Item A-1 for discussion. Mayor Johnson announced that new
Councilmen Clay and Lerno will abstain from the vote on Items A-2, 3, 4 & 5 due to not
being seated on the Council during those meetings. The Mayor announced he will abstain
from Item A-7, and Councilman Lerno will abstain from A-10. Councilman Clay announced
he will abstain from the vote on A-10, adding that he is awaiting clarification on what he
can and cannot vote on due to his real estate involvements.
Mayor Johnson announced that Items A-4&5 will be continued, as the subject minutes are
.not yet available.
There was no public comment.
Motion: By Councilman Luna, seconded by Councilman Carden, to approve
Consent Calendar Items A-2, 3, 6, 8, 9, & 11; motion passed 5:0 by
roll-call vote.
• Re: Item A-1: Councilman Luna referred to said Minutes of 10/8/96, page 7, para. 3. He
asked that the tape be reviewed to clarify that he believes he was misquoted when he
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commented that he did not agree with putting an auto mall specifically on the site known
as Dove Creek; he didn't express objection to an auto mall in general, because an area of
town is already zoned for such a use. The minutes of October 8th were continued to the
December 10" meeting in order to make said correction.
Motion: By Councilman Luna, seconded by Councilman Lerno, to approve Item
A-7, TTM 96013; motion passed by 4:0 roll-call, with Mayor
Johnson abstaining.
Motion: By Councilman Luna, seconded by Councilman Carden, to adopt Res.
No. 104-96 [Item A-101; motion passed by 3:0 roll-call, with
Councilmen Clay and Lerno abstaining.
B. PUBLIC HEARINGS: None scheduled.
C. REGULAR BUSINESS:
1. DISCUSSION ON BROWN ACT AND CONFLICT OF INTEREST LAW
Mayor Johnson conveyed that he requested a review of this subject for the benefit of the
entire Council. Roy Hanley summarized the provisions of the Brown Act and responded to
questions from the Council and staff.
Public Comment
Rush Kolemaine, P.O. Box 1990, Atas., asked how the Brown Act applies to advisory
committees of the City Council, e.g., the Planning Commission, Parks & Recreation .
Commission, and the Economic Round Table. Mr. Hanley responded that all are covered by
the Brown Act.
Ray Jansen, 6655 Country Club Dr., asked how public school boards are affected by the
Brown Act. Mr. Hanley responded that he is not an expert on school agencies, but
understands there is something similar that applies to them. He added that the Brown Act
applies to local agencies—counties, cities, towns, special districts and boards, commissions
or agencies thereof—but does not specifically mention school boards.
Bill Zimmerman, 6225 Lomitas, encouraged all to read, "The Brown Act—Open Meetings
for Local Legislative Bodies", prepared by the State Attorney General's Office. Mr. Hanley
conveyed that the City Attorney's office is providing copies of said publication to the
Council. Mr. Zimmerman also noted that the SLO County Counsel has done extensive
research on the subject and has documents available.
Lon Allan, 6815 Santa Lucia, asked how much information has to be released to the press
on closed session public notices, i.e. "Significant Exposure to Litigation"; do the parties
have to be named? Mr. Hanley explained that there's a difference between exposure to
and pending litigation. Pending litigation has to be identified by name, so the public has
knowledge of what is occurring. With exposure, it does not always have to be identified
by name as sometimes there is a potential threat of litigation and it is possible that the
potential party does not fully understand what legal rights the counsel thinks he/she might
have; to identify them might draw a "road map" that the City might not want to draw.
However, where action is taken, e.g., to settle any litigation, it has to be identified because
that is the public's business. Mayor Johnson added that the City Council has chosen to
have a spokesperson, usually the City Attorney, to make any statement to the press
following closed sessions, so that it is in accordance with the law.
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Donald Jones, 4585 Viscano, would like to see a public discussion on the nexus between
the public meeting requirements and notice and due process. Roy Hanley responded that
the Brown Act applies to the rights of the public to information and notice. Due process
comes into play for specific individuals or entities, e.g. particular projects or applications.
City Attorney Art Montandon commented at length on conflict of_interest law and
responded to questions from the Council. He referred to, -The Pocket Guide to Conflict of
Interest Laws", which he supplied copies of to the Council members and City Clerk,
encouraging that it be utilized. He also noted that the Fair Political Practices Commission
has a hot line(s) to contact them with specific questions and that they are very helpful. He
recommended that formal FPPC advice (in writing) be sought where ongoing potential
problems or concerns might need to be clarified. There was no public comment concerning
conflict of interest law.
D. COMMITTEE REPORTS:
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority - Councilman
Carden reported this body meets Wednesday. One item will be coming to the city
managers, the question of whether city managers want to bring up to the city
councils or endorse the COG dealing with aggregating electricity in the free market.
One of the cities has proposed that COG become an aggregator.
2. Economic Round Table - Mayor Johnson reported that Allen Yarborough made a
presentation to the ERT at their November 21 meeting, outlining his having been
approached by the owners of the Rochelle property regarding his interest in the
development of an auto mall.
3. North County Council - Has not met. Councilman Luna noted that one of the major
proponents of the Ncc, Steve Martin, was defeated in the recent Paso Robles
election. Andy Takata indicated he is communicating with the Paso Robles City
Manager to determine the future of the group. Councilman Carden requested a
review of the charter of the NCC.
Ray Johnson requested that the county Mayors group, which meets monthly, be listed
under committee reports and he will provide updates.
Andy Takata announced that a proposal from the SLO Co. Economic Vitality Corporation
will be forthcoming in the near future, and should the City opt to join, there will be a
representative of the City Council on the EVC, so that will be added to committee reports
as well for ongoing updates.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council - Mayor Johnson clarified that he intends to enforce the rules for participation
which appear on the face of the agenda in order to preserve decorum.
City Attorney - Art Montandon announced that, as the Council is aware, he has recently
been taking a lesser role as legal counsel for several reasons. He has decided that he
cannot devote the amount of hours necessary to continue on in the lead City Attorney's
position and publicly informed the Council that he plans to sever his relationship in this
capacity, effective January 1, 1997. He will remain available for consultation on issues he
has worked with or has historical knowledge of.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:56 P.M.
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F. CLOSED SESSION:
1) CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: City Manager
Employee Organizations: Management; Mid-Management/Professional; Fire
Captains; Firefighters; Atascadero Sergeants Service Orgn.; Atascadero Police
Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service Employees
Intl. Union; Confidential Employees; City Attorney
2) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation: One (1) case
THE CLOSED SESSION ADJOURNED AT 9.55 P.M. THERE WAS NO ACT/ON TAKEN.
MINUTES RECORDED BY:
MARCIA M. TORGERSON, City Clerk
PREPARED BY:
f /�.
CINDY L. HO N, Deputy City Clerk
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Agenda Item: A-4
Meeting Date: 1' `6
1/14/97
ATASCADERO CITY COUNCIL
SPECIAL MEETING
NOVEMBER 20, 1996
MINUTES
REGULAR SESSION:
The Mayor called the meeting to order at 6:00 p.m.
ROLL CALL:
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Present: Councilmembers Bewley, Carden, Johnson, Luna and Mayor
Highland
Absent: None
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Staff Present: Andy Takata, City Manager
BUSINESS ITEMS:
1. INTERVIEW OF APPLICANT TO CITY CLERK VACANCY
A. Resolution No. 103-96 - Making appointment of citizen applicant to fill the
unexpired term of City Clerk Lee Price
(Staff recommendation: Adopt)
The City Council interviewed the single applicant to the City ClerI( vacancy, Marcia
McClure Torgerson, at length.
Mayor Highland expressed concern that Ms. Torgerson might have difficulty being objective
as a result of her previous involvement in community issues. He asked if she was willing
to give up her involvement if she were to be appointed. Ms. Torgerson Mated that she was
glad that he asked that question because she knew that would be a concern of all of the
Council and she appreciated the opportunity to address their concerns. IShe went on to say
that she was aware that the position of City Clerk required completes neutrality and she
assured the Council that she was willing and able to do so. She stated that she would
resign from the Santa Lucia Neighbors' Association, Inc. Ms. Torgerson stated if appointed
to this position, her goal was to work with the public and the City Counpil. As a result, she
would not be writing letters to the editor or getting involved in political i�sues.
Councilman Johnson echoed Mayor Highland's concerns. He also said that, while he had
no problem with her capabilities, he was concerned about her past feellings of inadequacy
in some of the departments at City Hall. He asked for reassurance that Ms. Torgerson, as
City Clerk, would not express those opinions to staff and, as a result, cause dissension
among the staff. Ms. Torgerson responded by stating that she did Oot know what she
could say to reassure the Council that she would not use the position Of City Clerk in that
manner except to, promise that she wouldn't. She went on to say that she was proud of
what she had accomplished as a private citizen but saw no reason whyshe could not work
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well with city staff. She said that, if appointed, she will strive to do the best, professional
job she's capable of doing in her capacity as clerk.
Councilman Luna said that in looking over her application he . felt she was very well
qualified, probably one of the best applications we've had. He then commented on the
attached resume and reference letters and asked for an explanation of them. Ms.
Torgerson explained that she attached her resume and 2 reference letters to her application
because she realized that the Council knows only of the part of her that attends Council
meetings and speaks out on neighborhood issues of concern to her. She wanted them to
see the other side of her, not just the one that comes to Council meetings and complains.
She felt that the resume and reference letters would allow the Council to see the side of
her that is professional, reliable, loyal and efficient.
Councilman Carden asked Ms. Torgerson if she had any suggestions as to how the City
could get more people to become involved in community issues. Her response was that
she felt that if the Council meetings were televised, more people would be aware of how
the City runs. She went on to say that even though she attends all of the City Council
meetings, she many times is not necessarily interested in anything on the agenda.
However, she went on to say that at every one of those meetings, something comes up
that is interesting and educational and makes it worthwhile to have attended. Councilman
Carden then asked-Ms. Torgerson what her opinion was of having an elected City Clerk
versus having an appointed City Clerk. Ms. Torgerson responded by saying that she didn't
really have a strong opinion one way or the other but, if she had to vote on it today, she
would vote for an elected City Clerk. Councilman Carden expressed concern that as City
Clerk, Ms. Torgerson would have access to confidential documents, including lawsuits. He
went on to express his concern that if that information were to be exposed, it could be
detrimental to the City. He asked Ms. Torgerson if she felt she would be able to keep that
information confidential. Ms. Torgerson responded by saying that in her business
experience of the last 26 years, confidentiality was a big part of her responsibilities. She
went on to say that she would have no problem keeping confidential information,
confidential.
Mayor Highland commented that as a medical transcriptionist you must keep information
confidential and there's no room for mistakes. Ms. Torgerson agreed.
Councilman ` Bewley stated that before he said anything else he wanted to tell Ms.
Torgerson that he never felt that she came to Council meetings and complained. He
always felt that she came prepared, expressed her opinion and usually offered a solution to
the problem. ........
Once the interview was over, the Council asked the City Manager, Andy Takata, some
questions. Councilman Bewley asked if they had to appoint someone tonight or could they
let the new Council do it. Mr. Takata stated that they could appoint anyone between now
and November 25th, Mayor Highland stated that they had to appoint someone because the
new Council would be sworn in one day after the deadline for this appointment. The two
new Council-elect, Jerry Clay and Ken Lerno, were in the audience and Mayor Highland
asked them if they had any problem with the current Council appointing someone to the
position of City Clerk. They both stated that they had confidence in the current City
Council and besides, they would not be sworn in until the day after the deadline for this
appointment. There were no further public comments.
Motion: By Councilman Luna, seconded by Mayor Highland, to appoint Marcia
M. Torgerson to serve the unexpired term of the City Clerk, by the
adoption of Resolution No. 103-96, said term to expire in November of
1998. Motion passed 5:0 by roll-call vote.
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2. ORDINANCE NO. 316 - Allowing City's participation in Operations Agreement for the
• Millhollin Quarry
(Staff recommendation: Motion to waive reading in full and adopt on second reading
by title only)
There were no public comments.
Motion: By Councilman Luna, seconded by Councilman Johnson, to waive the
reading of Ord. No. 316 in full and adopt it on second reading by title
only. Motion passed 5:0 by roll-call vote.
MEET/NG ADJOURNED AT 6:35 P.M.
MINUTES RECORDED BY:
ANDREW J. T ATA, City Manager
PREPARED BY:
40-�
CINDY HOLT , Deputy City Clerk
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-3
From: Rudy Hernandez, ity Treasurer Meeting D�te: 1/14/97
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SUBJECT: Treasurer's Report - July, 1996
RECOMMENDATION:
Council review and accept.
Attachment: Treasurer's Report, July, 1996
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000001
CITY OF ATASCADERO
TREASURER'S
REPORT
FOR THE MONTH OF JULY, 1996 (UNAUDITED)
ACCOUNT INVESTMENTS AGENT TOTAL
BEGIN. BALANCE $487,202 $4,936,630 $637,798 $6,061,630
RECEIPTS 2,597,916 2,597,916
DISBURSEMENTS <1,112,772> <1,112,772>
TRANSFERS IN 1,282,062 1,282,062
TRANSFERS OUT <1,200,000> <1,200,000>
OTHER -----
BALANCE $772,346 $6,218,692 $637,798 $7,628,836
DEPOSITS IN 31,819
TRANSIT
CHECKS OUTSTANDING <307,312>
ADJUSTMENTS 99,000_
ADJUSTED TREASURER'S BALANCE 7,4520
343
CITY OF TASCADERO
R HERNANDEZ
C' y Trea
CITY OF ATASCADERO - JULY 1996
ALL FUNDS - GENERAL ACCOUNT/ INVESTMENT PAGE 1
RESERVED UNRESERVED
FUNDS CASH (1) CASH (2)
General Fund Pooled Cash 2,206,327
Gas Tax Fund Pooled Cash 58,000
Development Fee Pooled Cash 27,089
Donations Pooled Cash 2,685
A.D. #4 Reserve Pooled Cash 44,789
Zoo Enterprise Pooled Cash <14,553>
Camino Real Reserve 12,989
92 St. A.D. Reserve Pooled Cash 2
Payroll Trust Pooled Cash <20,768>
0TRAN Repayment Pooled Cash 0
94 CDBG Pooled Cash 13,017
93 STBG - 688 Pooled Cash 0
93 EDBG - 268 Pooled Cash 15
95 CDBG Pooled Cash 8,233
Dial-a-Ride Pooled Cash 86,745
Wastewater Fund Pooled Cash 811,177
Lake Park Pavilion Pooled Cash <22,378>
Aquatics Pooled Cash <2,802>
Recreation Pooled Cash <24,488>-
Tree Plant Fund Pooled Cash 32,684
Tree Association Fund Pooled Cash 23
Sidewalk Trust Pooled Cash 43,803
Emergency Services Pooled Cash <28,484>
COPS Fast Grant <7,959>
Weed Abatement Pooled Cash 30,195
A.D. #3 Redemption Pooled Cash 6,077
A.D. #4 Redemption Pooled Cash 62,675
A.D. #5 Redemption Pooled Cash 57
Camino Real Redemption Pooled Cash 131,300
92 Street A.D. Redemption Pooled Cash 79,508
Santa Rosa A.D. #7 <937>
000001, Z
CITY OF ATASCADERO - JULY 1996
ALL FUNDS — GENERAL ACCOUNT I INVESTMENT PAGE 2
RESERVED UNRESERVED
FUNDS CASH 1 CASH 2
89 COP Debt Svc. Pooled Cash 5,821
Capital Project Pooled Cash <143,308>
Pol. Dev. Fees Pooled Cash <43,127>
Fire Dev. Fees Pooled Cash 53,986
P & R Dev. Fees Pooled Cash 48,753
Drain. Dev. Fees Pooled Cash 447,814
Amapoa-Tec. Fee Pooled Cash 173,765
Public Works Pooled Cash 492,198
St. Main Dist. Pooled Cash 44,981
TDA Non-Transit Pooled Cash 84,487
Sewer Facilities Capital 2,029,128
Camino Real Const. Pooled Cash 16,313
Las Encinas Const. Pooled Cash 5,476
3-F Meadows Const. Pooled Cash 4,341
Santa Rosa A.D. #7 Pooled Cash 58,895
TOTAL ALL FUNDS SM7,,575 $6s476,969
CASH WITH FISCAL AGENT
Camino Real Resr. Cash 199,890
92 St. A.D. Resvr. Cash 45,957
Wastewater Fund Cash 60,403
Camino Real Redm. Cash 33
92 St. A.D. Redm. Cash 3
89 COP Debt Serv. Cash 331,513
TOTAL WITH FISCAL AGENT 637 799
TOTAL OF ALL CASH $7,452s343 .
060001,:
INVESTMENTS
• TIME DEPOSITS
CERTIFICATES OF DEPOSIT, SAVINGS AND
LOCAL AGENCY INVESTMENT FUND
JULY, 1996
INTEREST
TIME DEPOSITS: AMOUNT EARNINGS
Orange County Investment Pool/TRAN $ -0- $1,609. (6)
Orange County Investment Pool -0- 51,206. (6)
Local Agency Investment Fund -Reg. (3) 5,786,692. 147,770.
Certificate of Deposits (see attached schedule) 432,000. 1,831.
TOTAL 6,218,692. 202,416.
Mid-State Interest Received 7,184.
TOTAL INTEREST RECEIVED $209,600. (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 2, 1996, the City received $1,200,000. in the form of a Tax Revenue
Anticipation Note(TRAM). The City must repay this amount including $56,841 interest
(4.75% per annum) on 6/25/97. Total repayment ($1,200,000 + $56,841) is $1,256,841.
(4) July, 1996 interest yields were as follows:
Orange County Not available
LAIF 5.58%
Mid-State 2.42%
(5) This is actual amount deposited to City accounts and does not reflect interest amounts
accrued but not received. Also not included above are interest amounts earned in Fiscal
Agent or County accounts, which are used for bond retirement purposes.
(6) On December 6th, 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.
CITY OF ATASCADERO
SCHEDULE OF CERTIFICATE OF DEPOSITS
JULY 31, 1996
PURCHASE MATURITY YIELD Y.T.D. INTEREST
BANK DATE DATE RATE AMOUNT EARNINGS
1. Santa Lucia Bank 6/19/96 12/19/96 5.00% $35,000. $1,045.17
Atascadero, CA
2. Union Bank 6/28/96 12/26/96 4.60% $99,000. $ 379.50
Atascadero, CA
3. Great Western Bank 7/1/96 12/28/96 4.88% $100,000. $ 406.67
San Luis Obispo
4. Bank of Santa Maria 7/27/96 1/27/97 5.01% $99,000. ---
Templeton, CA
5. Bank of America 7/31/96 1/31/97 4.35% $99,000. ---
Atascadero, CA
TOTAL 51.831.34
•
000001.
1
E
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-4
From: Rudy Hernandez, City Treasurer Meeting Dote: 1/14/97
SUBJECT: Treasurer's Report- August, 1996
i
RECOMMENDATION:
Council review and accept.
Attachment: Treasurer's Report, August, 1996
E
I
(300001, ia
i
CITY OF ATASCADERO
'
TREASURER.S REPORT
FOR THE MONTH OF AUGUST, 1996 (UNAUDITED)
ACCOUNT INVESTMENTS A_ TO
BEGIN. BALANCE $772,346 $6,218,692 $637,798 $7,628,836
RECEIPTS 529,239 249,976 779,215
DISBURSEMENTS <1,608,424> <249,990> <1,858,414>
TRANSFERS IN 1,050,000 1,050,000
TRANSFERS OUT <456,000> <456,000>
OTHER
BALANCE $743,161 $5,762,692 $637,784 $7,143,637
DEPOSITS IN 31,244
TRANSIT
CHECKS OUTSTANDING <454,305>
ADJUSTMENTS
ADJUSTED TREASURER'S BALANCE $6,720,676
CI F ATASCADERO
�i
R H ANDEZ
Ci asurer
000001 ,-7
. CITY OF ATASCADERO AUGUST 1996
ALL FUNDS - GENERAL ACCOUNT / INVESTMENT PAGE 1
RESERVED UNRESERVED
FUNDS CASH (1) CASH (2)
General Fund Pooled Cash 1,838,167
Gas Tax Fund Pooled Cash 70,243
Development Fee Pooled Cash 57,487
Donations Pooled Cash 7,685
A.D. #4 Reserve Pooled Cash 44,789
Zoo Enterprise Pooled Cash <22,035>
Camino Real Reserve 12,990
92 St. A.D. Reserve Pooled Cash 2
Payroll Trust Pooled Cash <2,985>
* 94 CDBG Pooled Cash 13,017
93 EDBG -268 Pooled Cash 15
95 CDBG Pooled Cash 8,233
Dial-a-Ride Pooled Cash 55,347
Wastewater Fund Pooled Cash 778,406
Lake Park Pavilion Pooled Cash <21,934>
Aquatics Pooled Cash <9,486>
Recreation Pooled Cash <35,187>
Tree Plant Fund Pooled Cash 35,564
Tree Association Fund Pooled Cash 23
Sidewalk Trust Pooled Cash 43,803
COPS Fast Grant <11,354>
Weed Abatement Pooled Cash 4,046
Police/Donations Fund Pooled Cash 5,000
A.D. #3 Redemption Pooled Cash 6,077
A.D. #4 Redemption Pooled Cash 114,115
A.D. #5 Redemption Pooled Cash 57
Camino Real Redemption Pooled Cash <112,003>
92 Street A.D. Redemption Pooled Cash 24,464
Santa Rosa A.D. #7 <937>
I
00000l . A,
CITY OF ATASCADERO - AUGUST 1996
ALL FUNDS - GENERAL ACCOUNT I INVESTMENT PAGE 2
RESERVED UNRESERVED
FUNDS CASH 7 CASH 2
8 COP P Debt Svc. Pooled Cash
5,821
Capital Project Pooled Cash <138,593>
p i
Pol. Dev. Fees Pooled Cash <43,128>
Fire Dev. Fees Pooled Cash 53,986
P & R Dev. Fees Pooled Cash 48,753
Drain. Dev. Fees Pooled Cash 447,814
Amapoa-Tec: Fee Pooled Cash 166,290
Public Works Pooled Cash 492,198
St. Main Dist. Pooled Cash 44,981
TDA Non-Transit Pooled Cash 84,487
Sewer Facilities Capital 1,931,546
Camino Real Const. Pooled Cash
16,313
Las Encinas Const. Pooled Cash 5,477
3-F Meadows Const. Pooled Cash 4,341
Santa Rosa A.D. #7 Pooled Cash 58,896
TOTAL ALL FUNDS $90,669 $5,992,122
CASH WITH FISCAL AGENT
Camino Real Resr. Cash 199,890
92 St. A.D. Resvr. Cash 45,957
Wastewater Fund Cash 60,403
Camino Real Redm. Cash 33
92 St. A.D. Redm. Cash <10>
89 COP Debt Serv. Cash 331,512
TOTAL WITH FISCAL AGENT $637,785
TOTAL OF ALL CASH $6,720,576
UU0001 ,
INVESTMENTS
TIME DEPOSITS
CERTIFICATES OF DEPOSIT, SAVINGS AND
LOCAL AGENCY INVESTMENT FUND
AUGUST, 1996
INTEREST
TIME DEPOSITS: AMOUNT EARNINGS
Orange County Investment Pool/TRAN $ -0- $1,609. (6)
Orange County Investment Pool -0- 51,206. (6)
Local Agency Investment Fund-Reg. (3) 4,736,692. 147,770.
Certificate of Deposits (see attached schedule) 1,026,000. 4.066.
TOTAL 5,762,692. 204,651.
Mid-State Interest Received 8,739.
TOTAL INTEREST RECEIVED $213,390. (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 2, 1996, the City received $1,200,000. in the form of a Tax Revenue
Anticipation Note(TRAM). The City must repay this amount including $56,841 interest
(4.75% per annum)on 6/25/97. Total repayment($1,200,000+$56,841) is $1,256,841.
(4) August, 1996 interest yields were as follows:
Orange County Not available
LAW 5.56%
Mid-State 2.42%
(5) This is actual amount deposited to City accounts and does not reflect interest amounts
accrued but not received. Also not included above are interest amounts earned in Fiscal
Agent or County accounts, which are used for bond retirement purposes.
(6) On December 6th, 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.
000001 , 0
CITY OF ATASCADERO
SCHEDULE OF CERTIFICATE OF DEPOSITS
AUGUST 31, 1996
PURCHASE MATURITY YIELD Y.T.D. INTEREST
BANK DATE DATE RATE AMOUNT EARNINGS
1. Santa Lucia Bank 6/19/96 12/19/96 5.00% $35,000. $1,193.21
Atascadero, CA
2. Union Bank 6/28/96 12/26/96 4.60% $99,000. 759.00
Atascadero, CA
3. Great Western Bank 7/1/96 12/28/96 4.88% $100,000. 813.34
San Luis Obispo
4. Bank of Santa Maria 7/27/96 1/27/97 5.01% $99,000. 413.33
Templeton, CA
5. Bank of America 7/31/96 1/31/97 4.35% $99,000. 358.88
Atascadero, CA
6. Los Padres Savings 8/16/96 2/13/97 5.13% $99,000. 211.65
Bank, Santa Maria, CA
7. Wells Fargo Bank 8/22/96 2/22/97 4.50% $99,000. 111.42
Santa Maria, CA
8. First Bank of San 8/23/96 2/19/97 5.18% $99,000. 114.00
Luis, San Luis Obispo, CA
9. ValliWide Bank 8/24/96 2/24/97 4.75% $99,000. 91.42
San Luis Obispo, CA
IO.California Federal 8/29/96 3/30/97 5.45% $99,000. --
Bank, Atascadero, CA
11.First Bank& Trust 8/30/96 2/26/97 5.15% $99,000. --
Santa Maria, CA
TOTAL 51,026,000. 4 5166.25
000001, / �'�
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item? A-5
From: Rudy Hernandez, ity Treasurer Meeting.Date: 1/14197
SUBJECT: Treasurer's Report- September, 1996
RECOMMENDATION:
Council review and accept.
Attachment: Treasurer's Report, September, 1996
E
i
1
2
i
l
a
UV0001' /Z..
CITY OF ATASCADERO
TREASURERS REPORT
FOR THE MONTH OF SEPTEMBER, 1996 (UNAUDITED)
ACCOUNT INVESTMENTS AGENT TOTAL
BEGIN. BALANCE $743,161 $5,762,692 $637,784 $7,143,637
RECEIPTS 627,048 627,048
DISBURSEMENTS <1,215,401> <1,215,401>
TRANSFERS IN 500,000 500,000
TRANSFERS OUT <401,000> <401,000>
OTHER -----
BALANCE $654,808 $5,361,692 $637,784 $6,654,284
DEPOSITS IN
TRANSIT 7,664
CHECKS OUTSTANDING <83,010>
ADJUSTMENTS -0-
ADJUSTED TREASURER'S BALANCE $6,578,938
O TASCADERO
. ERNANDEZ
Cit reas
UUUUOl.Is
CITY OF ATASCADERO- SEPTEMBER 1996
ALL FUNDS - GENERAL ACCOUNT / INVESTMENT PAGE 1
RESERVED UNRESERVED
FUNDS CASH (1) CASH (2)
General Fund Pooled Cash $1,773,826
Gas Tax Fund Pooled Cash 85,705
Development Fee Pooled Cash 111,483
Donations Pooled Cash 7,396
A.D. #4 Reserve Pooled Cash 44,789
Zoo Enterprise Pooled Cash <33,318>
Camino Real Reserve 12,990
92 St. A.D. Reserve Pooled Cash 2
Payroll Trust Pooled Cash <60,100>
94 CDBG Pooled Cash 13,017
93 EDBG -268 Pooled Cash 15
95 CDBG Pooled Cash 8,233
Dial-a-Ride Pooled Cash 35,692
Wastewater Fund Pooled Cash 724,438
Lake Park Pavilion Pooled Cash <23,742>
Aquatics Pooled Cash <4,632>
Recreation Pooled Cash <42,748>
Tree Plant Fund Pooled Cash 35,473
Tree Association Fund Pooled Cash 23
Sidewalk Trust Pooled Cash 43,803
COPS Fast Grant <8,529>
Weed Abatement Pooled Cash 3,946
Police/Donations Fund Pooled Cash 5,000
A.D. #3 Redemption Pooled Cash 6,077
A.D. #4 Redemption Pooled Cash 113,207
A.D. #5 Redemption Pooled Cash 57
Camino Real Redemption Pooled Cash <112,062>
92 Street A.D. Redemption Pooled Cash 21,742
Santa Rosa A.D. #7 <938>
UUUUUI. ,�
CITY OF ATASCADERO - SEPTEMBER 1996
ALL FUNDS - GENERAL ACCOUNT I INVESTMENT PAGE 2
RESERVED UNRESERVED
FUNDS CASH (1) CASH (2)
89 COP Debt Svc. Pooled Cash 5,821
Capital Project Pooled Cash <138,593>
Pol. Dev. Fees Pooled Cash <43,128>
Fire Dev. Fees Pooled Cash 55,553
P & R Dev. Fees Pooled Cash 48,753
Drain. Dev. Fees Pooled Cash 447,814
Amapoa-Tec. Fee Pooled Cash 166,090
Public Works Pooled Cash 492,198
St. Ma' 981
S m Dist. Pooled Cash 44,
TDA Non-Transit Pooled Cash 84,487
Sewer Facilities Capital 1,931,340
Camino Real Const. Pooled Cash 16,278
Las Encinas Const. Pooled Cash 5,477
3-F Meadows Const. Pooled Cash 4,341
Santa Rosa A.D. #7 Pooled Cash 58,896
TOTAL ALL FUNDS $861979 $5,854,174
CASH WITH FISCAL AGENT
Camino Real Resr. Cash 199,890
92 St. A.D. Resvr. Cash 45,957
Wastewater Fund Cash 60,403
Camino Real Redm. Cash 33
92 St. A.D. Redm. Cash <10>
89 COP Debt Serv. Cash 331,512
TOTAL WITH FISCAL AGENT 637 785
TOTAL OF ALL CASH $6,578,938
000001,f)";
INVESTMENTS
TIME DEPOSITS
0 CERTIFICATES OF DEPOSIT, SAVINGS AND
LOCAL AGENCY INVESTMENT FUND
SEPTEMBER, 1996
INTEREST
TIME DEPOSITS: AMOUNT EARNINGS
Orange County Investment PooVfRAN $ -0- $1,609. (6)
Orange County Investment Pool -0- 51,206. (6)
Local Agency Investment Fund -Reg. (3) 4,236,692. 147,770.
Certificate of Deposits (see attached schedule) 1,125,000. 8.543.
TOTAL 5,361,692. 209,128.
Mid-State Interest Received 9,770.
TOTAL INTEREST RECEIVED $218,898. (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 2, 1996, the City received $1,200,000. in the form of a Tax Revenue
Anticipation Note(TRAM). The City must repay this amount including$56,841 interest
(4.75% per annum) on 6/25/97. Total repayment ($1,200,000+ $56,841) is $1,256,841.
(4) September, 1996 interest yields were as follows:
Orange County Not available
LAW 5.60%
Mid-State 2.42%
(5) This is actual amount deposited to City accounts and does not reflect interest amounts
accrued but not received. Also not included above are interest amounts earned in Fiscal
Agent or County accounts, which are used for bond retirement purposes.
(6) On December 6th, 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.
000001 , OI'
CITY OF ATASCADERO
SCHEDULE OF CERTIFICATE OF DEPOSITS
SEPTEMBER 30, 1996
PURCHASE MATURITY YIELD Y.T.D. INTEREST
BANK DATE DATE RATE AMOUNT EARNINGS
1. Santa Lucia Bank 6/19/96 12/19/96 5.00% $35,000. $1,341.24
Atascadero, CA
2. Union Bank 6/28/96 12/26/96 4.60% $99,000. 1,138.50
Atascadero, CA
3. Great Western Bank 7/1/96 12/28/96 4.88% $100,000. 1,220.01
San Luis Obispo
4. Bank of Santa Maria 7/27/96 1/27/97 5.01% $99,000. 826.66
Templeton, CA
5. Bank of America 7/31/96 1/31/97 4.35% $99,000. 717.76
Atascadero, CA
6. Los Padres Savings 8/16/96 2/13/97 5.13% $99,000. 634.88
Bank, Santa Maria, CA
7. Wells Fargo Bank 8/22/96 2/22/97 4.50% $99,000. 482.67
Santa Maria, CA
8. First Bank of San 8/23/96 2/19/97 5.18% $99,000. 541.35
Luis, San Luis Obispo, CA
9. ValliWide Bank 8/24/96 2/24/97 4.75% $99,000. 483.30
San Luis Obispo, CA
10.California Federal 8/29/96 3/30/97 5.45% $99,000. 449.63
Bank, Atascadero, CA
11.First Bank& Trust 8/30/96 2/26/97 5.15% $99,000. 424.88
Santa Maria, CA
12.First Valley Bank 9/9/96 3/6/97 4.90% $99,000. 283.08
Santa Maria, CA
TOTAL 1.125.000. $8.543.96
OOOOOJ; 17
I
s
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda It$m: A-6
e
From: Rudy Hernande ity Treasurer Meeting Date: 1/14/97
SUBJECT: Treasurer's Report- October, 1996
I
RECOMMENDATION:
Council review and accept.
Attachment: Treasurer's Report, October, 1996
t
3
i
i
000001
CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH OF OCTOBER, 1996 (UNAUDITED)
ACCOUNT INVESTMENTS AGENT TOTAL
BEGIN. BALANCE $654,808 $5,361,692 $637,784 $6,654,284
RECEIPTS 678,476 678,476
DISBURSEMENTS <661,482> <661,482>
TRANSFERS IN 74,021 74,021
TRANSFERS OUT
OTHER ----
BALANCE $671,802 $5,435,713 $637,784 $6,745,299
DEPOSITS IN
TRANSIT - 60,225
CHECKS OUTSTANDING <216,897>
ADJUSTMENTS (L.A.I.F. Interest Earnings) <74,021>
ADJUSTED TREASURER'S BALANCE $6,514,606
O TASCADERO
DY H NANDEZ
City Tr asurer.
000001 , /l
. CITY OF ATASCADERO OCTOBER 1996
ALL FUNDS - GENERAL ACCOUNT I INVESTMENT PAGE 1
RESERVED UNRESERVED
FUNDS CASH (1} CASH (2)
General Fund Pooled Cash $1,597,878
Gas Tax Fund Pooled Cash 105,632
Development Fee Pooled Cash 122,614
Donations Pooled Cash 4,112
A.D. #4 Reserve Pooled Cash 44,789
Zoo Enterprise Pooled Cash <17,074>
Camino Real Reserve 12,990
92 St. A.D. Reserve Pooled Cash 2
Payroll Trust Pooled Cash <33,549>
94 CDBG Pooled Cash 13,017
�93 EDBG - 268 Pooled Cash 15
95 CDBG Pooled Cash 8,152
Dial-a-Ride Pooled Cash 14,456
Wastewater Fund Pooled Cash 707,859
Lake Park Pavilion Pooled Cash <24,663>
Aquatics Pooled Cash <4,632>
Recreation Pooled Cash <35,206>
Tree Plant Fund Pooled Cash 35,473
Tree Association Fund Pooled Cash 23
Sidewalk Trust Pooled Cash 43,803
COPS Fast Grant <10,321>
Weed Abatement Pooled Cash 5,501
Police/Donations Fund Pooled Cash 862
Sup. Law Enf. Fun Pooled Cash 57,592
A.D. #3 Redemption Pooled Cash 6,077
A.D. #4 Redemption Pooled Cash 114,401
A.D. #5 Redemption Pooled Cash 57
Camino Real Redemption Pooled Cash <112,062>
92 Street A.D. Redemption Pooled Cash 22,836
Santa Rosa A.D. #7 <938>
•
000001, ;
CITY OF ATASCADERO - OCTOBER 1996 •
ALL FUNDS - GENERAL ACCOUNT 1 INVESTMENT PAGE 2
RESERVED UNRESERVED
FUNDS CASH (1) CASH (2)
89 COP Debt Svc. Pooled Cash 5,918
Capital Project Pooled Cash <149,168>
Pol. Dev. Fees Pooled Cash <43,128>
Fire Dev. Fees Pooled Cash 55,553
P & R Dev. Fees Pooled Cash 48,753
Drain. Dev. Fees Pooled Cash 447,814
Amapoa-Tec. Fee Pooled Cash 163,552
Public Works Pooled Cash 492,198
St. Main Dist. Pooled Cash 44,981
TDA Non-Transit Pooled Cash 84,487
Sewer Facilities Capital 1,961,173
Camino Real Const. Pooled Cash 16,278
Las Encinas Const. Pooled Cash 5,477
3-F Meadows Const. Pooled Cash 4,341
Santa Rosa A.D. #7 Pooled Cash 58,896
TOTAL ALL FUNDS 89 267 5 .787.554
CASH WITH FISCAL AGENT
Camino Real Resr. Cash 199,890
92 St. A.D. Resvr. Cash 45,957
Wastewater Fund Cash 60,403
Camino Real Redm. Cash 33
92 St. A.D. Redm. Cash <10>
89 COP Debt Serv. Cash 331,512
TOTAL WITH FISCAL AGENT 637 785
TOTAL OF ALL CASH $61514s606
OUuuo1, ZA
INVESTMENTS
. TIME DEPOSITS
CERTIFICATES OF DEPOSIT, SAVINGS AND
LOCAL AGENCY INVESTMENT FUND
OCTOBER, 1996
INTEREST
TIME DEPOSITS: AMOUNT EARNINGS
Orange County Investment Pool/TRAN $ -0- $1,609. (6)
Orange County Investment Pool -0- 51,206. (6)
Local Agency Investment Fund-Reg. (3) 4,310,713. 221,791.
Certificate of Deposits (see attached schedule) 1.125,000. 13,143.
TOTAL 5,435,713. 287,749.
Mid-State Interest Received 11,078.
TOTAL INTEREST RECEIVED $298,827. (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 2, 1996,the City received $1,200,000. in the form of a Tax Revenue
Anticipation Note(TRAM). The City must repay this amount including $56,841 interest
(4.75% per annum)on 6/25/97. Total repayment ($1,200,000+ $56,841)is $1,256,841.
(4) October, 1996 interest yields were as follows:
Orange County Not available
LAIF 5.60%
Mid-State 2.42%
(5) This is actual amount deposited to City accounts and does not reflect interest amounts
accrued but not received. Also not included above are interest amounts earned in Fiscal
Agent or County accounts, which are used for bond retirement purposes.
(6) On December 6th, 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.
Uv0001, .: .
CITY OF ATASCADERO
SCHEDULE OF CERTIFICATE OF DEPOSITS
OCTOBER 31, 1996
PURCHASE MATURITY YIELD Y.T.D. INTEREST
BANK DATE DATE RATE AMOUNT EARNINGS
1. Santa Lucia Bank 6/19/96 12/19/96 5.00% $35,000. $1,489.28
Atascadero, CA
2. Union Bank 6/28/96 12/26/96 4.60% $99,000. 1,518.00
Atascadero, CA
3. Great Western Bank 7/1/96 12/28/96 4.88% $100,000. 1,626.68
San Luis Obispo
4. Bank of Santa Maria 7/27/96 1/27/97 5.01% $99,000. 1,240.32
Templeton, CA
5. Bank of America 7/31/96 1/31/97 4.35% $99,000. 1,076.64
Atascadero, CA
6. Los Padres Savings 8/16/96 2/13/97 5.13% $99,000. 1,058.11
Bank, Santa Maria, CA
7. Wells Fargo Bank 8/22/96 2/22/97 4.50% $99,000. 853.92
Santa Maria, CA
8. First Bank of San 8/23/96 2/19/97 5.18% $99,000. 968.70
Luis, San Luis Obispo, CA
9. ValliWide Bank 8/24/96 2/24/97 4.75% $99,000. 875.18
San Luis Obispo, CA
10.California Federal 8/29/96 3/30/97 5.45% $99,000. 899.26
Bank, Atascadero, CA
11.First Bank& Trust 8/30/96 2/26/97 5.15% $99,000. 849.76
Santa Maria, CA
12.First Valley Bank 9/9/96 3/6/97 4.90% $99,000. 687.33
Santa Maria, CA
TOTAL 1.125.000. $13,143.18
�l
(100001: R „
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Items A-7
From: Rudy Hernande ity Treasurer Meeting Dat t: 1/14/97
I
SUBJECT: Treasurer's Report-November, 1996
I
RECOMMENDATION:
Council review and accept.
Attachment: Treasurer's Report,November, 1996
I
I
(
3
i
I
CITY OF ATASCADERO
TREASURERS REPORT
FOR THE MONTH OF NOVEMBER, 1996 (UNAUDITED)
ACCOUNT INVESTMENTS AGENT TOTAL
BEGIN. BALANCE $671,802 $5,435,713 $637,784 $6,745,299
RECEIPTS 631,103 631,103
DISBURSEMENTS <534,359> <534,359>
TRANSFERS IN
TRANSFERS OUT
OTHER ----
BALANCE $768,546 $5,435,713 $637,784 $6,842,043
DEPOSITS IN
TRANSIT 87,785
CHECKS OUTSTANDING <265,213>
ADJUSTMENTS (L.A.I.F. Interest Adjustment) <74,021>
ADJUSTED TREASURER'S BALANCE $6,590,594
F ATASCADERO
'61 , film
HERNANDEZ
Cit Treasurer
ovl ool ,
CITY OF ATASCADERO - NOVEMBER 1996
ALL FUNDS - GENERAL ACCOUNT I INVESTMENT PAGE 1
RESERVED UNRESERVED
FUNDS CASH (1) CASH 2
General Fund Pooled Cash $1,650,132
Gas Tax Fund Pooled Cash 83,518
Development Fee Pooled Cash 175,929
Donations Pooled Cash 4,112
A.D. #4 Reserve Pooled Cash 44,789
Zoo Enterprise Pooled Cash <29,961>
Camino Real Reserve 12,989
92 St. A.D. Reserve Pooled Cash 2
Payroll Trust Pooled Cash <17,603>
94 CDBG Pooled Cash 13,017
93 EDBG -268 Pooled Cash 15
95 CDBG Pooled Cash 8,152
Dial-a-Ride Pooled Cash 17,482
Wastewater Fund Pooled Cash 681,211
Lake Park Pavilion Pooled Cash <26,130>
Recreation Pooled Cash <48,924>
Tree Plant Fund Pooled Cash 35,473
Tree Association Fund Pooled Cash 23
Sidewalk Trust Pooled Cash 43,803
Police/Donations Fund Pooled Cash 862
COPS Fast Grant <11,570>
Sup. Law Enf. Fund Pooled Cash 57,592
Weed Abatement Pooled Cash 8,652
A.D. #3 Redemption Pooled Cash 6,076
A.D. #4 Redemption Pooled Cash 117,384
A.D. #5 Redemption Pooled Cash 57
Camino Real Redemption Pooled Cash <112,071>
92 Street A.D. Redemption Pooled Cash 23,902
Santa Rosa A.D. #7 <938>
CITY OF ATASCADERO - NOVEMBER 1996 S
ALL FUNDS - GENERAL ACCOUNT I INVESTMENT PAGE 2
RESERVED UNRESERVED
FUNDS CASH (1) CASH (2)
89 COP Debt Svc. Pooled Cash 5,918
Capital Project Pooled Cash <159,158>
Pol. Dev. Fees Pooled Cash <43,128>
Fire Dev. Fees Pooled Cash 55,939
P & R Dev. Fees Pooled Cash 48,753
Drain. Dev. Fees Pooled Cash 447,814
Amapoa-Tec. Fee Pooled Cash 163,168
Public Works Pooled Cash 492,198
St. Main Dist. Pooled Cash 45,259
TDA Non-Transit Pooled Cash 84,487
Sewer Facilities Capital 1,988,696
Camino Real Const. Pooled Cash 16,175
Las Encinas Const. Pooled Cash 5,477
3-F Meadows Const. Pooled Cash 4,341
Santa Rosa A.D. #7 Pooled Cash 58,895
TOTAL ALL FUNDS $51869,504
CASH WITH FISCAL AGENT
Camino Real Resr. Cash 199,890
92 St. A.D. Resvr. Cash 45,957
Wastewater Fund Cash 60,403
Camino Real Redm. Cash 33
92 St. A.D. Redm. Cash <10>
89 COP Debt Serv. Cash 331,512
TOTAL WITH FISCAL AGENT 637 785
TOTAL OF ALL CASH $6,590,594
000001 . . .i
INVESTMENTS
• TIME DEPOSITS
CERTIFICATES OF DEPOSIT, SAVINGS AND
LOCAL AGENCY INVESTMENT FUND
NOVEMBER, 1996
INTEREST
TIME DEPOSITS: AMOUNT EARNINGS
Orange County Investment Pool/TRAN $ -0- $1,609. (6)
Orange County Investment Pool -0- 51,206. (6)
Local Agency Investment Fund-Reg. (3) 4,310,713. 221,791.
Certificate of Deposits (see attached schedule) 1,125,000. 17,742.
TOTAL 5,435,713. 292,348.
Mid-State Interest Received 12,331.
TOTAL INTEREST RECEIVED $304,679. (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 2, 1996, the City received$1,200,000. in the form of a Tax Revenue
Anticipation Note(TRAN). The City must repay this amount including$56,841 interest
(4.75% per annum) on 6/25/97. Total repayment ($1,200,000+$56,841)is $1,256,841.
(4) November, 1996 interest yields were as follows:
Orange County Not available
LAIF 5.59%
Mid-State 2.42%
(5) This is actual amount deposited to City accounts and does not reflect interest amounts
accrued but not received. Also not included above are interest amounts earned in Fiscal
Agent or County accounts, which are used for bond retirement purposes.
(6) On December 6th, 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.
000001,
CITY OF ATASCADERO
SCHEDULE OF CERTIFICATE OF DEPOSITS
NOVEMBER 30, 1996
PURCHASE MATURITY YIELD Y.T.D. INTEREST
BANK DATE DATE RATE AMOUNT EARNINGS
1. Santa Lucia Bank 6/19/96 12/19/96 5.000/0 $35,000. $1,637.32
Atascadero, CA
2. Union Bank 6/28/96 12/26/96 4.60% $99,000. 1,897.50
Atascadero, CA
3. Great Western Bank 7/1/96 12/28/96 4.88% $100,000. 2,033.35
San Luis Obispo
4. Bank of Santa Maria 7/27/96 1/27/97 5.01% $99,000. 1,653.98
Templeton, CA
5. Bank of America 7/31/96 1/31/97 4.35% $99,000. 1,435.52
Atascadero, CA
6. Los Padres Savings 8/16/96 2/13/97 5.13% $99,000. 1,481.34
Bank, Santa Maria, CA
7. Wells Fargo Bank 8/22/96 2/22/97 4.50% $99,000. 1,225.17
Santa Maria, CA
8. First Bank of San 8/23/96 2/19/97 5.18% $99,000. 1,396.05
Luis, San Luis Obispo, CA
9. ValliWide Bank 8/24/96 2/24/97 4.75% $99,000. 1,267.06
San Luis Obispo, CA
1O.California Federal 8/29/96 3/30/97 5.45% $99,000. 1,348.89
Bank, Atascadero, CA
11.First Bank& Trust 8/30/96 2/26/97 5.15% $99,000. 1,274.64
Santa Maria, CA
12.First Valley Bank 9/9/96 3/6/97 4.90% $99,000. 1,091.58
Santa Maria, CA
TOTAL 1.125.000. $17,742.40 i
000001,. z
i
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-9
Through: Andrew J. Takata MeetingDate: 01/14/97
City Manager
File Number: TPM 96014
Via: Steven L. DeCamp
Acting Community Development Director
From r,( Doug Davidson, Senior Planner
SUBJECT:
Consideration of a tentative parcel map applicatio' to subdivide
one lot of 8 . 00 acres into two (2) lots of 3.00 and ,4. 46 net acres
each for single family residential use. Subject s, te` is located
6600 Lomitas Road. (David Graves/Doug Sholders)
RECOMMENDATION:
Approve Tentative Parcel Map 96014 in accordance with the Planning
Commission' s recommendation.
BACKGROUND:
3
i
The Planning Commission conducted a public hearinglon the above-
referenced tentative parcel map request on December 17, 1996.
After discussion (see attached minutes excerpts) , the Planning
Commission voted 4 :2 (one Commissioner was absent) to approve
Tentative Parcel Map 96014 in accordance with tho Findings of
Approval and Conditions of Approval contained in the; staff report,
dated December 17, 1996.
.ph
Attachments : Planning Commission Staff Report - December 17, 1996
Minutes Excerpts - December 17, 1996 `
i
000002
CITY OF ATASCADERO Item: B . 1
STAFF REPORT
FOR: Planning Commission Meeting Date: December 17, 1996
BY: Doug Davidson, Senior Planner File No: TPM 96014
SUBJECT-
Consideration of a tentative parcel map application to subdivide
one lot of 8 .00 acres into two (2) lots of 3.00 and 4 .46 net
acres each for single family residential use.
RECOMMENDATION:
Staff recommends the following actions:
1 . That the Negative Declaration '(Attachment D) prepared for
the project be found adequate under the requirements of the
California Environmental Quality Act (CEQA) ; and
2 . That Tentative Parcel Map 96014 be approved based on the
Findings for Approval contained in Attachment F and the
Conditions of Approval contained in Attachment G.
A. SITUATION AND FACTS:
1 . Applicant. . . . . . . . . . . . . .David Graves
2 . Representative. . . . . . . . . .Doug Sholders
3. Project Address. . . . . . . . . . . . 6600 Lomitas Road
4 . Site Area. . . . . . . 8. 00 acres (gross)
6. Zoning. . . . .RS (Residential Suburban)
7 . General Plan 'Designation. . . .'.Suburban Residential
8 . Existing Use. . . . . . . . . . . . .Vacant
9. Environmental Status. . . . . . . .Negative Declaration
posted November 27, 1996
B. ANALYSIS:
The subject site is an original Colony lot of 8. 00 acres located
on Lomitas Road. The proposal is to divide the lot into two
parcels of 3. 00 and 4 . 46 net acres for single family residential
use. The proposed lot layout is a flag lot design with Parcel l
being located to the rear of Parcel 2 and being served by an
access drive along the north (west) property line. Planning
staff is currently checking a building permit application for
construction of a single family residence on the knoll of
1
000003
proposed Parcel 2 . This home is to be served by a driveway from
• Lomitas located midway along the frontage of the site. The site
is heavily covered with oak trees and slopes from approximately
10% to 25% .
General Plan/Zoning
The minimum lot size in. the RS zone is 21-� to 10 acres depending
on the sum of the performance standards contained in Zoning
Ordinance section 9-3.144 (a) . In this case, the minimum lot size
is calculated as follows:
Lot Size Factor
Distance from Center (16, 000 - 18, 0001 ) 0 . 60
Septic Suitability (20 - 39 min/inch = moderate) 0 .75
Average Slope (11-20%) 0.75
Access Condition (City Accepted Road) 0.40
General Neighborhood Character (2 .50 X 0.2) 0.50
3.00
Thus, the proposed lot sizes of 3.00 and 4 .46 net acres each are
in conformance with the minimum lot size for the RS zone.
The fundamental considerations in subdivision design are
contained in Chapter 8 of the Subdivision Ordinance (Section 11-
8 . 101 and 11-8 .201) as follows:
The subdivision design shall recognize the physical
conditions of the site, such as slope, soil types, and
adjacent land use, which may further limit uses of the
property. The subdivider must simultaneously consider such
factors as terrain, solar exposure, development objectives,
and options available under these regulations in order to
design a subdivision which best meets the needs of those who
will occupy it as well as the community as a whole. The
design of lots should be based on the intended use,
topography, and access requirements. Lots which are
impractical for intended uses due to terrain, location of
natural features, inadequate access, frontage, or buildable
area, or other physical limitations will not be approved.
The proposed parcel map carries out these policies . There are
two good building sites, both located in the center of the
property; a situation which calls for a flag lot design. As
stated above, plans are currently being reviewed for a residence
one the knoll of proposed Parcel 2; proposed Parcel 1 contains a
beautiful building site down near Graves Creek. A lot line drawn
down the center of the site would not allow for these building
sites . The proposed access and building sites recognize the
terrain and native tree cover of the site.
2
000004
Flag Lot Findings and Standards
The subdivision is consistent with the character of the immediate
neighborhood, installation of a standard street is not feasible,
and the flag lot is justified by the topography. These are the
Findings required for the creation of flag lots . Although there
are no other flag lots in the immediate vicinity, the size and
layout of the proposed parcels is compatible with the
neighborhood. The varied terrain of this eight acre lot and its
two distinct building sites make this subdivision a consistent
action in the area.
The proposed flag lot meets the standards for such subdivisions
with the exception of 11-8.209c. Although the access width is
the required 24 feet wide, a 16 foot all-weather driveway is
proposed, as opposed to the required 20 foot wide paved driveway.
In this case, the reduced 16 foot width and all-weather surface
is adequate and will reduce the impact on the trees located in
this area. Typically, a 12 foot wide, all-weather driveway is
required to serve a single family residence (paved driveways are
required at 12% and steeper. ) Staff believes that since a flag
lot is the desired design, a 20 foot driveway is not necessary,
and in fact, is excessive.
Graves Creek Open Space Easement
The General Plan contains policies on open space and
conservation (Page II-27) . Protection and acquisition of creek
easements is highlighted in several of them, particularly the
following:
"Public and private development in close proximity to or
over such lands shall be carefully evaluated to protect
scenic and sensitive lands, including creek reservations,
wooded areas, flood plains, prominent view sheds, and
historic sites.
"Scenic and open space easements, parklands, and open space
dedications shall be obtained through the subdivision and
development review process, included but not limited to:
floodplains, creek reservations, wooded areas, scenic
backdrops, sensitive areas, historic sites, and similar
suitable areas .
In order to implement these policies, the City has consistently
requested that scenic easements with non-buildable areas be
established with final maps for property abutting Graves Creek.
Staff is recommending that such an open space easement be
established over the western-most fifty (50) feet of Parcel 1
0
3
000005
where it lies adjacent to Graves Creek. (The last such action in
. 1995 was upheld on appeal to the City Council - Sewell/Lavalee
8505 Graves Creek. ) This is not a recreation or public access
easement; it is simply an open space reservation.
CONCLUSIONS:
The project is consistent with the City' s General Plan and
Subdivision Ordinance. The flag lot findings, including the
exception for driveway width, can be affirmed. The environmental
review has uncovered no potentially adverse effects associated
with the subdivision. Lastly, the project is compatible with the
character of the neighborhood in which it is located.
ATTACHMENTS:
Attachment A—Location Map (General Plan)
Attachment B—Location Map (Zoning)
Attachment C—Tentative Parcel Map
Attachment D—Negative Declaration
Attachment E-Letter from Applicant
Attachment F—Findings for Approval
Attachment G—Conditions of Approval
•
4
ATTACHMENT A
;'` '``�►T` (-'T Y ( )F ATA�(� A f�F TZ(1 1
.�q.! -i �- -T.'Ey --- - - - - -- -- -- --- ----- LAND USE MAP
-S - TPM 96014
COMMUNITY DEVELOPMENT
DEPARTMENT
-
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000001-44,
ATTACHMENT B
(_ITY OF1' A'IA�( 'A11FROl 1
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SCAD COMMUNITY DEVELOPMENT TPM 96014
DEPARTMENT
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000008
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COMMUNITY DEVELOPMENT TPM 96014
DEPARTMENT
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ATTACHMENT D
TPM 96014
CITY OF ATASCADERO
ENVIRONMENTAL 'COORDINATOR
,rata y to»
NEGATIVE DECLARATION
COMMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035
APPLICANT: .DAV 1p &RAVES S#01.DFRS Su 2 u F_�S
7`(?S Co Rf'E Z A v E, &00S i-o S C,A710-s R-.b.
A-fA.s..1c14 134Z2. AfAS. c'4 1.342-2--
PROJECT
34zz-.PROJECT TITLE: 7`-FAH-Afl V E pA IZCEL- MAP 960/q
PROJECT LOCATION: 6(000 )-oM l+A S ROAD
PROJECT DESCRIPTION: I?Eq U Eyr 7"o D I U l b E AN S,00 ACRE PARCEL
xto two LD -s of 3.0t) / AID zlq& NC'f' *fXES EA<P �pIZ
S/iU 6-L E FAM I Z-y R ESl DE1fJ-7'-1A C. ' U S i5.
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.
DETERAUNATION:
Based on the above findings, and the information contained in the initial study(made a part hereof by refer-
ence and on file in the Community Development Department). it has been determined that the above project
will not have an adverse impact on the environment.
E«M P.� AC,- I )6-
Community Development Director
Date Posted: NOV£M 6 E2 21-7
/9
Date Adopted: b EC-EM 6 EIZ i-7 I 96
CDD 11.89
00001,0
ATTACHMENT E - TPM 96014
SHOLDERS LAND SURVEYS
DO SHOLDERS, L.S. #5700
0
Doug Davidson
Planning Dept.
City of Atascadero
RE: DAVID GRAVES; TENTATIVE PARCEL•.MAP AT 96-104; LOMITAS ROAD
Dear Doug:
We are aware that the Planning Dept. standard for an access
for Lot Split Parcel Map is a 20' paved driveway. However, we are
requesting an exception to this rule for the following reasons:
a) Said accessway will only be serving proposed Parcel 1, the
westerly Lot. Access to Parcel 2 will be off Lomitas Road.
b) The slopes are such that driveway does not warrant paving.
c) A 16 foot "all-weather" road, as proposed on Tentative Map,
would be less harmful to the root system of the existing nearby
oaks than a more impervious AC paving.
We are also proposing to construct the driveway to the south of
some oak trees in an effort to save them from harm. Any added
area for easement will be added to Parcel 1, making Parcel 2
slightly smaller.
Thank you for considering these requests.
Sincerely
6805 Los Gatos Road•Atascadero, CA 93422 • (805)461-9113
()00011
ATTACHMENT F - Findings for Approval
Tentative Parcel Map 96014
6600 Lomitas Road (Graves/Sholders)
December 17, 1996
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
is adequate.
MAP FINDINGS:
1 . The proposed subdivision is consistent with applicable
General and Specific Plans.
2 . The design and/or improvement of the proposed subdivision is
consistent with applicable General and Specific Plans .
3 . The site is physically suitable for the type of development
proposed.
4 . The site is physically suitable for the density of the
development proposed.
5. The design of the subdivision, and/or the proposed
improvements, will not cause substantial environmental
damage or substantially and avoidably injure fish and
wildlife or their habitat.
6. The design of the subdivision, and the type of the
improvements, will not conflict with easements acquired by
the public at large for access through or the use of
property within the proposed subdivision; or substantially
equivalent alternate easements are provided.
7 . The proposed subdivision design, and/or the type of
improvements proposed, will not cause serious public health
problems .
FLAG LOT FINDINGS:
1 . The subdivision is consistent with the immediate
neighborhood.
2 . The installation of a City standard street, either alone or
in conjunction with neighboring properties, is not feasible.
3 . The flag lot is justified by topographical conditions .
000012
EXCEPTION FINDINGS:
1 . That the property to be divided is of such size or shape, or
is affected by such topographic conditions, that it is
impossible, impractical, or undesirable, i-n, the particular
case, to conform to the strict application of this Title.
2 . That the cost to the subdivider of strict or literal
compliance with the regulations is not the sole reason for
granting the modification.
3 . That the modification will not be detrimental to the public
health, safety, and welfare, or be injurious to other
properties in the vicinity.
4 . That granting the modification is in accord with the intent
and purposes of these regulations, and is consistent with
the General Plan and with all applicable specific plans or
other plans of the City.
000013
ATTACHMENT G -- Conditions of Approval
Tentative Parcel Map 96014
6600 Lomitas Road (Graves/Sholders)
December 17, 1996
CONDITIONS OF APPROVAL:
Fire Department Conditions
1 . Adequate turnarounds shall be provided at both building
sites and shall be located within 50 feet of the building or
structure. Turnarounds may be an 80 foot diameter bulb, a
Hammerhead "T" 92 feet long, or a Key turnaround 56 feet
long.
Engineering Division Conditions
2 . All public improvements shall be constructed in
conformance with the City of Atascadero Engineering
Department Standard Specifications and Drawings or as
directed by the City Engineer.
3 . The applicant shall enter into an Plan Check/Inspection
agreement with the City. Prior to recordation of the map,
all outstanding plan check/inspection fees shall be paid.
4 . An encroachment permit shall be obtained from the City
Engineering Department prior to the start of construction.
5. A Preliminary Soils Report shall be prepared for the
property to determine the presence of expansive soil or
other soil problems and shall make recommendations
regarding grading of the proposed site. A final soils
report shall be submitted by the soils engineer prior to
the final inspection and shall certify that all grading
was inspected and approved and that all work done is in
accordance with the plans and the preliminary report. A
separate document shall be recorded in conjunction with
the final map stating that a soils report has been
prepared. The document shall state the date of the report
along with the name and address of the soils engineer or
geologist who prepared the report. The document shall
indicate any soils problems which may exist on the newly
created lots .
6. All existing and proposed utility, pipeline, open space,
scenic or other easements are to be shown on the final
map. If there are building or other restrictions related
to the easements, they shall be noted on the final map.
1
000014
7 . The relocation and/or alteration of existing utilities
shall be the responsibility of the developer. is
8 . A six (6) foot public utilities easement (PUE) shall be
provided contiguous to the Lomitas Road property frontage.
9. Any utility trenching in existing streets shall be
overlayed to restore a smooth riding surface as required
by the City Engineer.
10 . A grading and drainage plan, prepared by a registered
civil engineer, shall be submitted for review and approval
by the City Engineer prior to the issuance of building
permits. The applicant shall submit a written statement
from a registered civil engineer that all work has been
completed and is in full compliance with the approved
plans and the Uniform Building Code (UBC) prior to final
inspection.
11 . Erosion control measures in conformance with the design
engineer' s recommendations shall be in place between
October 15 and April 15.
12 . The applicant shall submit drainage calculations in
conformance with City standards for all proposed drainage
facilities (swales, ditches, culverts, etc. ) The
applicant shall construct all drainage facilities in
conformance with City of Atascadero standards. Each
improvement shall be designed so as not to increase the
rate of flow of water onto adjacent properties .
13 . The applicant shall enter into a Drainage Acceptance
Agreement with the City for the storm water run-off which
discharges onto Parcel 2 from the existing overside drain
existing culvert on Lomitas Road. The form and content
of the agreement shall be reviewed by the City Engineer
and the City Attorney. The agreement shall be recorded
prior to, or in conjunction with, the recording of the
parcel map.
14 . Road improvement plans prepared by a registered civil
engineer shall be submitted for review and approval by the
City Engineer prior to recordation of the parcel map.
Road improvement plans shall conform to the requirements
of the City Standard Specifications, Section 2-Preparation
of Plans . R-value testing shall be done, and the pavement
section designed by a registered civil engineer to the
satisfaction of the City Engineer. Road improvements
shall include but not be limited to the following:
2
000015
a• Lomitas Road shall be improved from centerline to the
property frontage in conformance with City Standard
Drawing No. 402 (Rural Hillside Local) contiguous to
the entire property frontage, or as approved by the
City Engineer. The improvements may require the
overlaying of the existing pavement to remedy an
inadequate structural section or to remedy a
deteriorated paving surface. Transitions shall be
required to achieve a smooth join with existing
improvements.
b. The applicant shall improve Lomitas Avenue as
required to obtain the minimum site distance for the
driveway per City Standard Drawing No. 414 (25 mile
per hour design speed) , or as approved by the City
Engineer.
15. A five (5) foot offer of dedication for public right-of-
way purposes shall be provided contiguous to the entire
property frontage. The offer of dedication shall be
recorded prior to, or in conjunction with, the parcel map.
16. Slope easements shall be provided as needed to accommodate
the cut or fill slopes which extend beyond the right-of-
way.
17 . Prior to issuance of an encroachment permit, all public
improvements shall be secured with a 100% performance
guarantee and a 50% labor and materials guarantee until
the improvements are deemed substantially complete by the
City Engineer. Prior to final inspection of the
improvements, and before the performance and labor and
material guarantees are released, a 10% maintenance
guarantee shall be posted to cover the improvements for a
period of one year from the date of final inspection. The
guarantee amounts shall be based on an engineer' s estimate
submitted by the project engineer and approved by the
City Engineer. The estimate shall be based on City
standard unit prices. The guarantees posted for this
project shall be approved by the City Engineer.
18 . A black line clear Mylar (0. 4 mil) copy and a blue line
print of the tract map shall be provided to the City upon
recordation.
19 . The requirement for construction of on-site and off-site
improvements per these conditions of approval shall be
noticed by a statement on the parcel map in conformance
with Section 66411 . 1 (a) of the Subdivision Map Act.
3
0000116
20 . A final map in substantial conformance with the approved
tentative map and in compliance with all conditions set
forth in the City of Atascadero Subdivision Ordinance and
the Subdivision Map Act shall be submitted to the City
Engineer for approval. The final map shall be signed by
the City Engineer prior to it being placed on the agenda
for City Council approval.
Planning Division Conditions
21 . A reflectorized house number sign for the rear lot shall
be installed at the intersection of the street and
accessway.
22 . The accessway to Parcel 1 shall be a minimum width of
twenty-four feet, consist of a 16 foot all-weather
surface, extend the entire length of Parcel 2, and include
the Fire Department turnaround standards referenced in
Condition #1 . The accessway shall be reviewed in
conjunction with the building permit application and
completed prior to final inspection.
23 . A fifty (50) foot open space easement along the property
adjacent to Graves Creek of Parcel 1 shall be established
wherein no building or other structures shall be located.
This easement shall be shown on the final map. Building
restrictions applicable thereto shall be noted on the
final map.
24 . This tentative map approval shall expire two (2) years
from the date of final approval unless an extension of
time is granted pursuant to a written request received
prior to the expiration date.
4 0
00001'7
MINUTES EXCERPTS
CITY OF ATASCADERO
PLANNING COMMISSION
12/17/96
ACTION MINUTES
SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS
1. TENTATIVE PARCEL MAP 96014:
Consider the application of David Graves (Sholders
Surveys) to subdivide one lot of 8.00 acres into
two (2) lots of 3.00 and 4.46 net acres each for
single family residential use. Subject site is
located at 6600 Lomitas.
STAFF RECOMMENDATION: (Doug Davidson)
The Planning Commission should recommend the following actions for
the City Council' s consideration:
1. That the Negative Declaration prepared for the project be
found adequate under the requirements of the California
Environmental Quality Act (CEQA) ; and
2 . That Tentative Parcel Map 96014 be approved based on the
Findings for Approval contained in Attachment F and the
Conditions of Approval contained in Attachment G.
Doug Davidson provided the staff report and responded to questions
from the Commission.
TESTIMONY•
Evie Ray, neighbor - expressed concern over the slope of the
accessway, the trees that were in close proximity, and the suita-
bility of this beautiful parcel to be subdivided.
Warren Sarkison, 6500 Lomitas - was concerned with any drainage
from the project that could impact his property and how the
existing horse arena on their property would affect the future use
of proposed Parcel 1, or vice versa.
. . . . . . . end of public testimony. . . . . . . .
Discussion followed regarding drainage, width and slope of drive,
other accessway possibilities, and the impact of adjacent farm
animal raising on the future residential use on proposed Parcel 1 .
Chairman Johnson stated that he was opposed to flag lots and wasn' t
sure that the way the project was laid out was the best way.
-3-
000018
Planning Commission Meeting - December 17, 1996
Page 4 of 5
ACTION: Find that the Negative Declaration prepared for the
project is adequate under the requirements of the
California Environmental Quality Act (CEQA) .
Motion: Zimmerman
Second: Wallace
AYES: Zimmerman, Wallace, Hageman, Bowen, Sauter
NOES: Johnson
ABSENT: Edwards
MOTION PASSED: 5:1
ACTION: Approve Tentative Parcel Map 96014 be approved based on
the Findings for Approval contained in Attachment F and
the Conditions of Approval contained in Attachment G.
Motion: Zimmerman
Second: Wallace
AYES: Zimmerman, Wallace, Hageman, Bowen
NOES: Johnson, Sauter
ABSENT: Edwards
MOTION PASSED: 4:2
000019
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-10
Through: Andrew J. Takata Meeting ate: 01/14/97
g g �
City Manager
File Number: TTM 96003
Via: ✓ Steven L. DeCamp
Acting Community Development Director
SUBJECT:
Consideration of Final Tract Map 196003 to subdivjde one (1) lot
containing 0.7 acres into five (5) parcels ranging in size from
4,458 square feet to 8,500 square feet. Subject side :is located at
7350 Morro Road and extends throughtoNavajoa Avenue. (Kelly
Gearhart/Cannon Associates) .
RECOMMENDATION:
Accept Final Tract Map 196003 .
BACKGROUND
On Jul 23. 1996 the Cit Council conducted a public hearing on
Y , Y
the above referenced map. The City Council appltoved Tentative
Tract Map 96003 based on the Planning Commission' s recommendation
and ,the Findings and Revised Conditions of Approvajl. All condi-
tions have now been met by the applicant.
Ph\
Attachment: Location Map
cc: Kelly Gearhart
Cannon Associates
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CITY OF ATASCADERO
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COMMUNITY DEVELOPMENT TTM 96003
DEPARTMENT
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REPORT TO CITY COUNCIL Meeting] Date: 1-14-97
CITY OF ATASCADERO Agenda ;Item: A-11
Through: Andrew J. Takata, City Manager
Via: Brady Cherry, Director of Community Services
From: Linda Fredericks, office Assistant
SUBJECT:
Establishment of No Parking zone on San Andres at Cristobal
Avenue.
RECOMMENDATION•
It is the recommendation of the Traffic CommitlCee that Council
adopt Resolution No. 03-97 establishing a No Parktng zone on San
Andres Avenue at Cristobal as illustrated on Exhibit A to the
subject resolution.
DISCUSSION•
San Andres is a very narrow street and on street parking at
this location blocks the view of cars pulling ontoSan Andres from
Cristobal Avenue.
This area is zoned multi-family and parking requirements were
determined and installed on-site as part of the development.
OPTIONS•
1) Adopt Resolution No. 03-97.
2) Deny Resolution No. 03-97.
3) Return item to Traffic Committee for further review.
FISCAL IMPACT•
The cost of these modifications will be approximately $50 for
painting to be paid out of currently budgeted funds.
Attachments:
Resolution No. 03-97 '
00402
i
I
I I
RESOLUTION NO. 03-97
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
DESIGNATING A NO PARKING ZONE ON SAN ANDRES AVENUE
AT CRISTOBAL AVENUE
WHEREAS, Section 4-2.1101, et. seg. , of the Atascadero
Municipal Code allows the City Traffic Engineer to designate "No
Parking" areas, and to place and maintain appropriate signs or
markings indicating the same; and
WHEREAS, the Traffic Committee has determined that
establishing a No Parking zone on a portion of San Andres Avenue
will provide for increased traffic safety.
NOW, THEREFORE, 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 Councilmember and seconded by
Councilmember the foregoing resolution is hereby
adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT•
1
ADOPTED:
ATTEST: CITY OF ATASCADERO
By
MARCIA M. TORGERSON, City Clerk_ RAY JOHNSON, Mayor
APPROVED AS TO FORM:
ROY HANLEY
City Attorney
000(Y 3
EXHIBIT "A"
Proposed No Parking Zone on
San Andres Avenue at Cristobal Avenue
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda item: A-12
Through: Andy Takata, City Manager,(� Meeting Date: 01/14/97
From: Alicia Lara, Personnel Analys Pyr
SUB_ Memorandum of Understanding(MOU) between the Cityof Atascadero and
the Atascadero Sergeants Service Organization (ASSO).
RECOMMENDATION: Adopt Resolution No. 05-97 adjusting benefits for the
Atascadero Sergeants Service Organization.
BACKGROUND: The Atascadero Sergeants Service Organization is a recognized
unit. It represents the classification of Police Sergeants and currently has five
members.
DISCUSSION: This MOU covers a two year period, fiscal year 1995496 and 1996/97.
There is no salary increase for the term of this contract. The attached salary schedule
(Exhibit A) adopted on October 22, 1996, reflects a zero percent incroase
Prior to 1995, the City paid the cost of increased insurance premiumi for the employee
and a negotiated flat rate amount for dependents. This MOU will increase the City's
contribution to health insurance premium costs, based upon the HMO medical plan,
which has a lower premium(and increase) that the "indemnity-type" plan. In our
continuing effort to equalize as many benefits as possible among all the bargaining
units, the increase premium costs for dependent will be picked up at 50% by the City.
Although there was no increase in 1995, there is an increase in premhums effective
November 1, 1996. That results in the City paying an additional $4.415 per employee
per month and $4.08 increase to dependent coverage.
FISCAL IMPACT: The total fiscal impact of the Police Sergeants.MO I for the two year
term is $341.20.
Attachments: Resolution 05-97
Salary Schedule (Exhibit A)
I
00002.5
RESOLUTION NO. 05-97
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ATASCADERO AND
THE ATASCADERO SERGEANTS SERVICE ORGANIZATION
WHEREAS, The City of Atascadero has met and conferred in good faith with the
Atascadero Sergeants Service Organization for the purpose of discussing wages, benefits,
and other conditions of employment; and
WHEREAS, the City of Atascadero and the Atascadero Sergeants Service
Organization have reached an agreement regarding said wages, benefits, and other conditions
of employment for the term of Fiscal Years 1995/96 and 1996/97;
NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby
approves the Memorandum of Understanding between the City and the Atascadero Sergeants
Service Organization for Fiscal Years 1995/96 and 1996/97, and authorizes the City Manager,
as the Employee Relations Officer, to enter into said agreement on behalf of the City.
On motion by Councilperson and seconded by Councilperson , the
foregoing resolution is hereby adopted in its entirety on the following roll-call vote:
AYES:
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO, CA
ATTEST: By: RAY JOHNSON, Mayor
MARCIA M. TORGERSON, City Clerk
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
., it
MEMORANDUM OF UNDERSTANDING
BETWEEN
• CITY OF ATASCADERO
AND
ATASCADERO SERGEANTS SERVICE ORGANIZATION
(POLICE SERGEANTS' BARGAINING UNIT)
This Memorandum of Understanding is made and entered into between the Employee
Relations Officer of the City of Atascadero, hereinafter referred to as "City", and the
Atascadero Sergeants Service Organization, hereinafter referred to as"Association", pursuant
to California Government Code Sections 3500 et seq.; City of Atascadero Municipal Code Title
2, Chapter 2, Section 2-2.01 through 2.2-13, inclusive; and City of Atascadero Resolution No.
12-80, dated July 14, 1980, and subsequent amendments thereto.
The parties have met and conferred in good faith regarding employment terms and conditions
for members of the Police Sergeants' Bargaining Unit as recognized by the City of Atascadero
on July 11, 1981, and having reached agreement as hereinafter set forth, shall submit this
Memorandum to the City Council with the joint recommendation that the Council resolve to
adopt its terms and conditions and take such other or additional action as may be necessary to
implement its provisions.
Section 1.0 Purpose.
It is the purpose of this Memorandum of Understanding, hereinafter referred to as
"MOU", to promote and provide for continuity of operation in employment through
harmonious relations, cooperation and understanding reached between the parties as a
result of good faith negotiations on the matters set forth herein.
Section 2.0 Full Understanding, Modifications and Waiver.
This MOU sets forth the full and entire understanding of the parties regarding the
matters set forth herein. Any other prior or existing understanding or agreement by the
parties,whether formal or informal, regarding any such matters, are hereby suspended
or terminated in their entirety, if in conflict with this Memorandum.
Section 3.0 Salaries.
3.1 Total Compensation. The parties agree and acknowledge that salary, employer paid
retirement costs and employer contributions towards insurance(s) shall constitute "total
compensation" and will be the basis for comparison in future negotiations.
3.2 Movement between steps shall be at twelve month intervals and subject to satisfactory
performance.
Section 4.0 Health Care Benefits.
4.1 Effective November 1, 1994, the City shall pay a total of$400.00 per month toward
the cost of all medical, dental, vision and life insurance benefit premiums for each unit
member employee and dependents for the term of this agreement. For fiscal year
1995/96 the City shall pay for increased costs to medical, dental, vision and life
insurance premiums for employee and fifty percent(50%) of increased costs for
dependents based upon HMO plan costs.
•
000J;1;i
4.2 For those employees with only one dependent or without dependents or who do not
choose to enroll their dependents in the City plan, any remaining amount of the City
contribution toward the premiums for the premiums coverage shall be paid to the
employee as an addition to his/her regular pay.
4.3 The Medical Insurance Committee may recommend changes in the level of service
and service providers to the City during the term of the agreement. For
recommended changes, each recognized bargaining unit shall have authority to
vote on a pro-rated basis. The ratio shall be based on the number of unit
employees to the number of employees eligible for health benefits.
4.4 The City shall continue to provide a term life insurance coverage for each employee in
a total amount of Twenty Thousand $20,000) Dollars during the term of this
agreement.
4.5 The City shall provide a term life insurance policy for each eligible dependent enrolled
in health coverage in a total amount of One thousand ($1,000) Dollars per dependent
during the term of this agreement.
4.6 Flexible Benefits Plan. The City shall develop and make available to employees
covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal
Revenue Code provisions, effective January, 1992. The plan will enable an employee
to, on a voluntary basis, cover additional out of pocket expenses for insurance and
dependent care through pretax payroll dollars.
Section 5.0 Retirement
5.1 The City will continue to provide the 2% @ 50 formula (Section 21252.0 of the
Government Code) and to pay the employee contribution of nine (9%) percent towards
the PERS.
5.2 The City agrees to request a valuation by June 1996, for Level Four(4) of the 1959
Survivor's Benefit for Sworn Safety Employees. If the increased benefit is agreed
to by all sworn safety units, the employees shall pay the increased monthly cost of
the benefit.
Section 6.0 P.O.S.T. (Peace Officers Standards of Training) Education Incentive
6.1 Employees in the classification of Sergeant who possess a P.O.S.T. Advanced
Certificate will receive two and one-half percent (2 %%) per month as additional pay to
their base salary.
6.2 Employees in the classification of Sergeant who possess a P.O.S.T. Supervisory
Certificate will receive two and one-half percent(2 %%) per month as additional pay to
their base salary, in addition to 6.1 above.
Section 7.0 Overtime.
7.1 Overtime shall be compensated at the rate of time and one-half pay for hours worked in
excess of 40 hours in each workweek. Paid time off shall be considered time worked
for overtime compensation. Briefing time pursuant to Section 13 shall not be
•
000028
considered time worked for overtime calculation purposes.
7.2 Overtime work which is less than one (1) hour increment in a work shift shall be
compensation for in the following manner:
1 to 15 minutes, overtime compensation -0
16 to 30 minutes, overtime compensation- 1/2 hour
31 to 45 minutes, overtime compensation- 3/4 hour
46 to 60 minutes, overtime compensation - 1 hour
7.4 Any overtime increments worked over one (1) hour shall be compensated as in the
above-referenced increments. Compensatory time in lieu of overtime shall be
computed at a time and one-half rate of the base salary and shall be granted to
employees at the mutual convenience of the Police Department and the employee and
subject to the accumulation provisions as defined by City Resolution No. 12-80 dated
July 14, 1980, Personnel Rules and Regulations. Employees may not accumulate and
have current credit for more than sixty-four(64) hours of compensatory time off and
holiday hours as provided for in Section 9.0.
7.5 It is further agreed, however, that overtime will not be paid for hours traveling, studying,
or evening classes, etc., when an employee is attending an out-of-town school.
7.6 Employees called back to work for hours not contiguous to a scheduled shift shall be
compensated a minimum of two hours of overtime for each call back period.
Section 8.0 Sick Leave
8.1.1 Sick Leave Incentive Eligibility-to be eligible for this benefit an employee must:
a. Have accumulated 48 days of sick leave.
b. The sick leave pay-off will occur during the next 12 - month period (December 1
- November 30) after an employee has accumulated and maintained 48 days on
the books.
C. In the event one employee covered by this agreement donates up to 12 days of
sick leave in any one year, to the Employee Sick Leave Bank, is shall not count
against the 48 days accumulation for eligibility to receive the incentive pay-off.
8.1.2 Once the eligibility requirements have been met, an employee may opt to receive a
pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The
annual allotment is twelve (12) days).
8.1.3 The time period for determining annual usage will be December 1 to November 30
each year. Checks will be prepared by December 15 of each year.
8.2 An employee may use a maximum of thirty two (32) hours sick leave per fiscal
year, for the care of dependents who are ill, injured or pregnant and who are living
in the employee's household.
Section 9.0 Holidays.
i
0000 :3
9.1 City agrees that Association members shall continue to receive one (1) holiday as
provided for by City Resolution No. 52-82 dated November 8, 1982, to be known as a
"floating holiday". Said floating holiday shall be eight(8) hours per year credited on
January 1 st of each year and must be utilized within the calendar year. Employee may
take such holiday at his/her choice of time consistent with the scheduling needs of the
City and subject to approval of the Chief of Police. There shall be no accumulation of
floating holiday.
9.2 Martin Luther King Birthday shall be recognized City Holiday for employees covered by
this MOU.
9.3 Employees covered by this MOU shall be allowed to accrue holiday hours prior to
required payoff. Employees may not accumulate and have a current credit of more
than sixty-four(64) hours of holiday hours and compensatory time off as provided for in
Section 7.0.
Section 10.0 Probationary Period
The probationary period for newly hired employees shall be eighteen months. The
probationary period for employees promoted to a higher classification shall be twelve
months in the new classification.
Section 11.0 Standby Compensation.
11.1 Employees may be placed on standby status by the Chief of Police. Standby duty shall
not be considered as hours worked for the purpose of computing overtime.
11.2 Compensation for police sergeants on standby assignments shall be at the rate of two
(2) hours straight time compensation for every four(4) hours of actual time in standby
assignment, prorates for more or less than four hours. Minimum compensation will be i
for one (1) hour of straight time Employees responding to work from standby shall
receive a minimum of two hour pay at straight time. Employees working in excess of
one hour and twenty minutes once called back, shall receive time and one-half pay for
hours worked in excess of one hour and twenty minutes, or two hours straight time,
whichever is greater.
11.3 Employees on standby status provide the Police Dispatcher with a telephone number
where he/she can be reached directly; and be able to respond to the predetermined
duty assignment within twenty minutes from the time of notification.
Section 12.0 Acting Duty Pay
Employees in the classification of Police Sergeant who are assigned to work as Acting
Lieutenant shall receive out of classification pay after working ten (10) cumulative shifts
as Acting Lieutenant in any fiscal year. All other provisions of the Personnel Rules and
Regulations regarding payment of out of classification pay remain unchanged.
Section 13.0 Work Schedule
13.1 Shift employees (excluding administrative and investigative personnel) shall work
consecutive hours within a work shift. A one-half(1/2) hour lunch period may be taken
during the shift if the work load permits and as authorized and scheduled by the shift
000030
supervisor. Employees shall be considered to be on-duty during the lunch period and
shall answer calls as assigned.
13.2 In addition to the work schedules called for above, shift sergeants will report to work at
least fifteen minutes prior to the beginning of their shift to allow for a briefing period.
Each member of the bargaining unit will receive $25.00 per pay period as
compensation for time spent in shift change-over briefing.
13.3 In general, employees shall be scheduled to work consecutive days on and
consecutive days off. Work schedules changes (e.g. 5/8; 4/10; 3/12; 9/80) require a 30
day notice by the City or the Association. Either party may request a change in work
schedules by written notification at least thirty (30) days in advance of proposed
change. Once proposed schedules are agreed to, the Police Chief will make a
recommendation to the City Manager for final approval. Exceptions shall be made for:
1) Employee volunteering for special assignments or other schedules.
2) Employees needing schedule adjustments to allow for
military leave.
3) Employees needing schedule adjustments to accommodate
schooling.
4) Emergencies.
5) Special events.
6) Training.
Section 14.0 Uniform Provisions.
14.1 The City shall provide an initial uniform issue for new hires and, an annual uniform
allowance of Six-hundred Dollars ($600) for all eligible employees.
14.2 The City will make a lump sum payment, subject to the appropriate payroll taxes
annually, in July, of the uniform allowance provided for a section 14.1 above. Said
payment shall be made no later than the second pay day in July.
14.3 The City shall make available to all unit employees a bullet proof vest. Vests shall be
replaced or refurbished on an as needed basis as determined by the Chief of Police.
Employees already owning vest shall continue to use them until repair or refurbishment
becomes necessary, as determined by the Chief of Police.
14.4 Rain boots - The City shall comply with the requirements of CAUOSHA as it relates to
providing rain gear including rain boots.
Section 15.0 Management Rights.
The authority of the City includes, but is not limited to the exclusive right to determine
the standards of service; determine the procedures and standards of selection for
employment and promotion; direct its employees; take disciplinary action for"just
cause", relieve its employees from duty because of lack of work or for other legitimate
•
000031
reason; maintain the efficiency of governmental operations; determine the methods,
staffing and personnel by which governmental operations are to be conducted;
determine the content of job classifications; take all necessary actions to carry out its
mission in emergencies; exercise complete control and discretion over its organizations
and the technology of performing its work; provided, however, that the exercise and
retention of such rights does not preclude employees or their representatives from
consulting or raising grievances over the consequences or impact that decisions on
these matters may have on wage,hours and other terms of employment.
Section 16.0 Peaceful Performance.
16.1 During the life of this agreement no work stoppage, strikes, slowdowns or picketing
shall be caused or sanctioned by the Atascadero Sergeants Service Organization, and
no lockouts shall be made by the City of Atascadero.
16.2 In the event that any employees covered by this agreement, individually or collectively,
violate the provisions of this article and the Atascadero Sergeants Service Organization
fails to exercise good faith in halting the work interruption, the Association and the
employees involved shall be deemed in violation of this article and the City shall be
entitled to seek all remedies available to it under applicable law.
Section 17.0 Provisions of Law.
17.1 This MOU is subject to all current applicable federal, state and local laws, regulations
and resolutions. Ordinances, rules and regulations dealing with employee wages,
hours and working conditions enacted by the City Council shall be subject to the
appropriate revisions, amendments and deletions necessary to conform with the
purpose, intent and application of the provisions of this MOU.
17.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable
provisions of federal, state or local laws or regulations, or is otherwise held to be invalid
or unenforceable by any tribunal or competent jurisdiction, such part shall be
suspended and superseded by such applicable law or regulations, and the remainder
of this MOU shall not be affected.
Section 18.0 Applicability of Personnel Rules and Regulations.
It is agreed and understood that in all other respects as specifically enumerated by the
MOU, the rules, regulations and conditions of employment of the City of Atascadero as
established by Atascadero Municipal Code, Title 2, Chapter 2, inclusive, Resolution 12-
80, dated July 14, 1980, Resolution No. 31-81 dated October 12, 1981, Resolution No.
52-82 dated November 8, 1982, shall remain in full force and effect.
Section 19.0 Renegotiations
19.1 If either party wants to negotiate a successor Agreement, such party shall serve written
notice upon the other party between March 15th and April 15th of the final year of this
MOU.
19.2 If a party request negotiations pursuant to the above section, such party shall also
submit initial proposals in writing for a successor Agreement no later than April 15th of
the final year of this MOU.
•
000032
19.3 If either party fulfills the requirements of the above sections, then negotiations shall
begin no later than May 1st of the final year of this MOU.
Section 20.0 Term of Agreement
Unless specifically provided otherwise, the provisions of this MOU shall go into effect
July 1, 1995, and shall remain in effect, unless modified by mutual agreement, until
midnight June 30, 1997.
DATE:
ATASCADERO SERGEANTS SERVICE CITY OF ATASCADERO
ORGANIZATION
0000:3.:3
CITY OF ATASCADERO SALARY SCHEDULE Exhibit A
EFFECTIVE 07/01/96; ADOPTED 10/22/96 Resolution 93-96
Page 1 of 2
BAR JOB JOB FUNDED
UNIT CODE DESCRIPTION POS. A STEP B STEP C STEP D STEP E STEP
MONTHLY RATE
EX 1100 CITY MANAGER 1.00 6397.98 6717.88 7053.77 7406.46 7776.78
MG 2111 DIR OF FINANCE 1.00 4383.84 4603.03 4833.18 5074.84 5328.58
MG 2112 DIR OF COMM DEV 0.50 5263.63 5526.81 5803.15 6093.31 6397.98
MG 2110 DIR OF COMM SERV 1.00 4383.84 4603.03 4833.18 5074.84 5328.58
MG 2114 FIRE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30
MG 2113 POLICE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30
MG 2115 DIR OF PUB WKS 0.00 5263.63 5526.81 5803.15 6093.31 6397.98
MM 3501 ACCOUNTANT 0.00 3010.06 3160.56 3318.59 3484.52 3658.75
MM 3160 ADMIN ANALYST/PW 100 2505.84 2631.13 2762.69 2900.82 3045.86
MM 3110 ASSISTANT PLANNER 0.00 2505.84 2631.13 2762.69 2900.82 3045.86
MM 3210 ASSOCIATE CIVIL ENGR 0.00 2912.51 3058.14 3211.04 3371.59 3540.17
MM 3111 ASSOCIATE PLANNER 1.00 2912.51 3058.14 3211.04 3371.59 3540.17
MM 2810 BATTALION CHIEF 0.00 3693.62 3878.30 4072.22 4275.83 4489.62
MM 2780 CHF OF WASTEWATER OPERAT 1.00 3206.35 3366.67 3535.00 3711.75 3897.34
MM 2270 CITY PLANNER 1.00 3643.73 3825.92 4017.21 4218.07 4428.98
MM 2770 PARKS SUPERVISOR 1.00 2697.11 2831.97 2973.56 3122.24 3278.35
MM 3120 PLAN CHECK ENGR 1.00 3563.55 3741.73 3928.81 4125.25 4331.52
MM 2910 POLICE LIEUTENANT 2.00 3693.62 3878.30 4072.22 4275.83 4489.62
MM 2520 RECREATION SUPV 2.00 2723.48 2859.65 3002.64 3152.77 3310.41
MM 3312 SR BLDG INSPECTOR 0.00 3223.54 3384.72 3553.95 3731.65 3918.23
MM 2260 SR CIVIL ENGINEER 0.00 3413.84 3584.53 3763.76 3951.95 4149.54
MM 3112 SENIOR PLANNER 1.00 3199.61 3359.59 3527.57 3703.95 3889.15
MM 2760 STREET MAINT SUPV 1.00 2926.57 3072.90 3226.54 3387.87 3557.26
MM 2970 SUPPORT SVCS MGR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
MM 2510 GENERAL CURATOR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
CE 3710 PERSONNEL ANALYST 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
CE 4310 SECTY TO CITY MGR 1.00 2330.76 2447.30 2569.66 2698.15 2833.05
FC 2860 FIRE CAPTAIN 4.00 3189.99 3349.49 3516.96 3692.81 3877.45
FM 7511 FIRE ENGINEER 8.00 2832.58 2974.21 3122.92 3279.07 3443.02
FM 7510 FIRE FIGHTER 3.00 2575.02 2703.77 2838.96 2980.91 3129.95
GS 3310 BLDG INSP I 0.00 2282.16 2396.27 2516.08. 2641.89 2773.98
GS 3311 BLDG INSP 11 1.00 2535.63 2662.41 2795.53 2935.31 3082.07
GS 6510 BLDG MAINT SPECIALIST 0.00 2206.66 2316.99 2432.84 2554.48 2682.21
GS 3320 ENGINEERING TECH 1 0.00 2075.51 2179.29 2288.25 2402.66 2522.80
GS 3321 ENGINEERING TECH II 0.00 2302.55 2417.68 2538.56 2665.49 2798.76
GS 6125 MAINT. LEADWORKER 2.00 2146.83 2254.17 2366.88 2485.22 2609.49
GS 6120 MAINT WORKER 1 2.50 1770.37 1858.89 1951.83 2049.42 2151.90
GS 6121 MAINT WORKER 11 8.00 1951.75 2049.34 2151.80 2259.39 2372.36
GS 6130 EQUIPMENT OPR 0.00 2049.29 2151.75 2259.34 2372.31 2490.92
GS 3330 PLANNING TECHNICIAN 0.00 2075.51 2179.29 2288.25 2402.66 2522.80
GS 6311 WWTP OPERATOR 1 2.00 2173.53 2282.21 2396.32 2516.13 2641.94
GS 6312 WWTP OPERATOR 11 1.00 2414.94 2535.69 2662.47 2795.59 2935.37
GS 6313 WWTP OPERATOR 111 1.00 2704.88 2840.12 2982.13 3131.24 3287.80
GS 6310 WWTP OPR-IN-TRNG 0.00 1956.28 2054.09 2156.80 2264.64 2377.87
CU 4110 ACCOUNT CLERK 1 1.00 1697.83 1782.72 1871.86 1965.45 2063.72
CU 4111 ACCOUNT CLERK II 1.50 1871.76 1965.35 2063.62 2166.80 2275.14
CU 4311 ADMIN SECRETARY 3.00 1965.61 2063.89 2167.09 2275.44 2389.21
0000311
Exhibit A
Resolution 93-96
Page 2 of 2
CU 4710 BUILDING TECHNICIAN 1.00 2059.31 2162.28 2270.39 2383.91 2503.10
CU 4113 FINANCE TECHNICIAN 0.00 2059.31 216228 2270.39 2383.91 2503.10
CU 4312 SECTY TO CITY COUNCIL 1.00 2113.03 2218.68 2329.62 2446.10 2568.40
CU 4711 STAFF ASSISTANT 1.00 2113.03 2218.68 2329.62 2446.10 2568.40
CU 4510 OFFICE ASST 1 1.50 1540.07 1617.07 1697.93 1782.82 1871.96
CU 4511 OFFICE ASST II 0.00 1697.83 178272 1871.86 1965.45 2063.72
CU 4512 OFFICE ASST III 0.00 1871.76 1965.35 2063.62 2166.80 2275.14
CU 4310 SECRETARY 0.00 1769.15 1857.61 1950.49 2048.01 2150.41
AS 2960 POLICE SERGEANT 5.00 3236.84 3398.68 3568.62 3747.05 3934.40
PD 7111 POLICE OFFICER 18.00 2691.20 2825.76 2967.05 3115.40 3271.17
SA 7312 SUPPORT SVCS LEAD TECH 1.00 2393.71 2513.40 2639.07 2771.02 2909.57
SA 7311 SUPPORT SVCS TECH 7.00 2193.60 2303.28 2418.44 2539.37 2666.33
TOTAL FUNDED 95.00
i
000035
CITY OF ATASCADERO SALARY SCHEDULE Exhibit A
EFFECTIVE 07/01/96;ADOPTED 10/22/96 Resolution 93-96
Page 1 of 2
BAR JOB JOB FUNDED
UNIT CODE DESCRIPTION POS. A STEP B STEP C STEP D STEP E STEP
MONTHLY RATE
EX 1100 CITY MANAGER 1.00 6397.98 6717.88 7053.77 7406.46 7776.78
MG 2111 DIR OF FINANCE 1.00 4383.84 4603.03 4833.18 5074.84 5328.58
MG 2112 DIR OF COMM DEV 0.50 5263.63 5526.81 5803.15 6093.31 6397.98
MG 2110 DIR OF COMM SERV 1.00 4383.84 4603.03 4833.18 5074.84 5328.58
MG 2114 FIRE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30
MG 2113 POLICE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30
MG 2115 DIR OF PUB WKS 0.00 5263.63 5526.81 5803.15 6093.31 6397.98
MM 3501 ACCOUNTANT 0.00 3010.06 3160.56 3318.59 3484.52 3658.75
MM 3160 ADMIN ANALYST/PW 100 2505.84 2631.13 2762.69 2900.82 3045.86
MM 3110 ASSISTANT PLANNER 0.00 2505.84 2631.13 2762.69 2900.82 3045.86
MM 3210 ASSOCIATE CIVIL ENGR 0.00 2912.51 3058.14 3211.04 3371.59 3540.17
MM 3111 ASSOCIATE PLANNER 1.00 2912.51 3058.14 3211.04 3371.59 3540.17
MM 2810 BATTALION CHIEF 0.00 3693.62 3878.30 4072.22 4275.83 4489.62
MM 2780 CHF OF WASTEWATER OPERAT 1.00 3206.35 3366.67 3535.00 3711.75 3897.34
MM 2270 CITY PLANNER 1.00 3643.73 3825.92 4017.21 4218.07 4428.98
MM 2770 PARKS SUPERVISOR 1.00 2697.11 2831.97 2973.56 3122.24 3278.35
MM 3120 PLAN CHECK ENGR 1.00 3563.55 3741.73 3928.81 4125.25 4331.52
MM 2910 POLICE LIEUTENANT 2.00 3693.62 3878.30 4072.22 4275.83 4489.62
MM 2520 RECREATION SUPV 2.00 2723.48 2859.65 3002.64 3152.77 3310.41
MM 3312 SR BLDG INSPECTOR 0.00 3223.54 3384.72 3553.95 3731.65 3918.23
MM 2260 SR CIVIL ENGINEER 0.00 3413.84 3584.53 3763.76 3951.95 4149.54 •
MM 3112 SENIOR PLANNER 1.00 3199.61 3359.59 3527.57 3703.95 3889.15
MM 2760 STREET MAINT SUPV 1.00 2926.57 3072.90 3226.54 3387.87 3557.26
MM 2970 SUPPORT SVCS MGR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
MM 2510 GENERAL CURATOR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
CE 3710 PERSONNEL ANALYST 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
CE 4310 SECTY TO CITY MGR 1.00 2330.76 2447.30 2569.66 2698.15 2833.05
FC 2860 FIRE CAPTAIN 4.00 3189.99 3349.49 3516.96 3692.81 3877.45
FM 7511 FIRE ENGINEER 8.00 2832.58 2974.21 3122.92 3279.07 3443.02
FM 7510 FIRE FIGHTER 3.00 2575.02 2703.77 2838.96 2980.91 3129.95
GS 3310 BLDG INSP I 0.00 2282.16 2396.27 2516.08 2641.89 2773.98
GS 3311 BLDG INSP 11 1.00 2535.63 2662.41 2795.53 2935.31 3082.07
GS 6510 BLDG MAINT SPECIALIST 0.00 2206.66 2316.99 2432.84 2554.48 2682.21
GS 3320 ENGINEERING TECH 1 0.00 2075.51 2179.29 2288.25 2402.66 2522.80
GS 3321 ENGINEERING TECH 11 0.00 2302.55 2417.68 2538.56 2665.49 2798.76
GS 6125 MAINT. LEADWORKER 2.00 2146.83 2254.17 2366.88 2485.22 2609.49
GS 6120 MAINT WORKER 1 2.50 1770.37 1858.89 1951.83 2049.42 2151.90
GS 6121 MAINT WORKER 11 8.00 1951.75 2049.34 2151.80 2259.39 2372.36
GS 6130 EQUIPMENT OPR 0.00 2049.29 2151.75 2259.34 2372.31 2490.92
GS 3330 PLANNING TECHNICIAN 0.00 2075.51 2179.29 2288.25 2402.66 2522.80
GS 6311 WWTP OPERATOR 1 2.00 2173.53 2282.21 2396.32 2516.13 2641.94
GS 6312 WWTP OPERATOR II 1.00 2414.94 2535.69 2662.47 2795.59 2935.37
GS 6313 WWTP OPERATOR 111 1.00 2704.88 2840.12 2982.13 3131.24 3287.80
GS 6310 WWTP OPR-IN-TRNG 0.00 1956.28 2054.09 2156.80 2264.64 2377.87
CU 4110 ACCOUNT CLERK 1 1.00 1697.83 1782.72 1871.86 1965.45 2063.72
CU 4111 ACCOUNT CLERK II 1.50 1871.76 1965.35 2063.62 2166.80 2275.14
CU 4311 ADMIN SECRETARY 3.00 1965.61 2063.89 2167.09 2275.44 2389.21
0000.36
Exhibit A
Resolution 93-96
Page 2 of 2
CU 4710 BUILDING TECHNICIAN 1.00 2059.31 2162.28 2270.39 2383.91 2503.10
CU 4113 FINANCE TECHNICIAN 0.00 2059.31 2162.28 2270.39 2383.91 2503.10
CU 4312 SECTY TO CITY COUNCIL 1.00 2113.03 2218.68 2329.62 2446.10 2568.40
CU 4711 STAFF ASSISTANT 1.00 2113.03 2218.68 2329.62 2446.10 2568.40
CU 4510 OFFICE ASST 1 1.50 1540.07 1617.07 1697.93 1782.82 1871.96
CU 4511 OFFICE ASST 11 0.00 1697.83 178272 1871.86 1965.45 2063.72
CU 4512 OFFICE ASST III 0.00 1871.76 1965.35 2063.62 2168.80 2275.14
CU 4310 SECRETARY 0.00 1769.15 1857.61 1950.49 2048.01 2150.41
AS 2960 POLICE SERGEANT 5.00 3236.84 3398.68 3568.62 3747.05 3934.40
PD 7111 POLICE OFFICER 18.00 2691.20 2825.76 2967.05 3115.40 3271.17
SA 7312 SUPPORT SVCS LEAD TECH 1.00 2393.71 2513.40 2639.07 2771.02 2909.57
SA 7311 SUPPORT SVCS TECH 7.00 2193.60 2303.28 2418.44 2539.37 2666.33
TOTAL FUNDED 95.00
•
000037
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item:A-13
Through: Andy Takata, City Manager Meeting Date: 01/14/97
From: Alicia Lara, Personnel Analys
SUBJECT: Memorandum of Understanding (MOU) between the City lof Atascadero and
the Atascadero Police Officers Association (APOA).
RECOMMENDATION: Adopt Resolution No. 06-97 adjusting benefits for the
Atascadero Police Officer Association.
BACKGROUND: The Atascadero Police Officers Association is a recognized unit. It
represents the classification of Police Officers and currently covers eighteen members.
DISCUSSION: This MOU covers a two year period, fiscal year 1995* and 1996/97.
There is no salary increase for the term of this contract. The attachesalary schedule
(Exhibit A) adopted on October 22, 1996, reflects a zero percent increase.
Prior to 1995, the City paid the cost of increased insurance premiums for the employee
and a negotiated flat rate amount for dependents. This MOU will incrlease the City's
contribution to health insurance premium costs, based upon the HMO medical plan,
which has a lower premium (and increase) that the "indemnity-type" plan. In our
continuing,effort to equalize as many benefits as possible among all the bargaining
units, the increase premium costs for dependent will be picked up at$0% by the City.
Although there was no increase in 1995, there is an increase in premiums effective
November 1, 1996. That results in the City paying an additional $4.4� per employee
per month and $4.08 increase to dependent coverage.
FISCAL IMPACT: The total fiscal impact of the Police Officers MOU f r the two year
term is $1,228.32.
Attachments: Resolution 06-97
Salary Schedule (Exhibit A)
3
E
3
s
f
2
000035
RESOLUTION NO. 06-97
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ATASCADERO AND
THE ATASCADERO POLICE OFFICERS ASSOCIATION
WHEREAS,The City of Atascadero has met and conferred in good faith with the
Atascadero Police Officers Association for the purpose of discussing wages, benefits and
other conditions of employment; and
WHEREAS, The City of Atascadero and the Atascadero Police Officers Association
have reached an agreement regarding said wages, benefits and other conditions of
employment for the term of Fiscal Years 1995/96 and 1996/97;
NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby
approves the Memorandum of Understanding between the City and the Atascadero Police
Officers Association for Fiscal Years 1995/96 and 1996/97 and authorizes the City Manager,
as the Employee Relations Officer, to enter into said agreement on behalf of the City.
On motion by Councilperson , seconded by Councilperson , the
foregoing resolution is hereby adopted in its entirety on the following roll-call vote:
AYES:
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO, CA
ATTEST:
By: RAY JOHNSON, Mayor
MARCIA M. TORGERSON, City Clerk
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
1000039
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ATASCADERO
AND
ATASCADERO POLICE OFFICERS ASSOCIATION
(POLICE OFFICERS' BARGAINING UNIT)
This Memorandum of Understanding is made and entered into between the Employee Relations Officer
of the City of Atascadero, hereinafter referred to as"City", and the Atascadero Police Officers
Association, hereinafter referred to as "Association", pursuant to Califomia,Govemment Code Sections
3500 et seq.; City of Atascadero Municipal Code Title 2, Chapter 2, Section 2-2.01 through 2.2-13,
inclusive and City of Atascadero Resolution No. 12-80, dated July 14, 1980, and subsequent
amendments thereto.
The parties have met and conferred in good faith regarding employment terms and conditions for
members of the Police Officers' Bargaining Unit as recognized by the City of Atascadero on July 11,
1981, and having reached agreement as hereinafter set forth, shall submit this Memorandum to the City
Council with the joint recommendation that the Council resolve to adopt its terms and conditions and
take such other or additional action as may be necessary to implement its provisions.
Section 1.0 Purpose
It is the purpose of this Memorandum of Understanding, hereinafter referred to as "MOU", to
promote and provide for continuity of operation in employment through harmonious relations,
cooperation and understanding between Management and the employees covered by the
provisions of this MOU and to set forth the understanding reached between the parties as a
result of good faith negotiations on the matters set forth herein.
Section 2.0 Full Understanding, Modifications and Waiver.
This MOU sets forth the full and entire understanding of the parties regarding the matters set
forth herein. Any other prior or existing understanding or agreement by the parties, whether
formal or informal, regarding any such matters, are hereby suspended or terminated in their
entirety, if in conflict with the Memorandum.
Section 3.0 Salaries
3.1 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement
costs and employer contributions towards insurance(s) shall constitute "total compensation" and
will be the basis of comparison in future negotiations.
3.2 Newly hired employees shall normally be placed at Step A. Advanced step hiring may be
approved by the City Manager.
3.3 Movement between steps shall be at twelve month intervals and subject to satisfactory
performance.
Section 4.0 Health Care Benefits.
4.1 Effective November 1, 1994, the City shall pay a total of$400.00 per month toward the cost of
all medical dental, life insurance and vision benefit premiums for each unit member employee
and dependents for the term of this agreement. For fiscal year 1995/96 the City shall pay for
increased costs to medical, dental, vision and life insurance premiums for employee and
fifty percent (50%) of increased costs for dependents based upon HMO plan costs.
4.2 For those employees with only one dependent or without dependents or who do not choose to
enroll their dependents in the City plan, any remaining amount of the City contribution toward
the premiums for coverage shall be paid to the employee as an addition to his/her regular pay.
1 .3 The City shall continue to provide term life insurance coverage for each employee in a total
amount of Twenty Thousand ($20,000.00) Dollars during the term of this agreement.
000040
4.4 The City shall maintain a term life insurance policy for each eligible dependent enrolled in health
coverage in a total amount of One thousand ($1,000) Dollars per dependent during the term of
this agreement.
4.5 The Medical Insurance Committee may recommend changes in the level of service and
service providers to the City during the term of the agreement. For recommended
changes, each recognized bargaining unit shall have authority to vote on a pro-rated
basis. The ratio shall be based on the number of unit employees to the number of
employees eligible for health benefits.
4.6 Flexible Benefits Plan. The City shall develop and make available to employees covered by this
MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions,
effective, January, 1992. The plan will enable an employee to, on a voluntary basis, cover
additional out of pocket expenses for insurances and dependent care through pretax payroll
dollars.
Section 5.0 Retirement
5.1 The City will continue to provide the 2% @ 50 formula (Section 21252.01 of the Government
Code) and to pay the employee contribution of nine (9%) percent towards the PERS.
5.2 The City agrees to request a valuation by June 1996, for Level Four(4) of the 1959
Survivor's Benefit for Sworn Safety Employees. If the increased benefit is agreed to by
all sworn safety units, the employees shall pay the increased monthly cost of the benefit.
Section 6.0 P.O.S.T.(Peace Officers Standards of Training) Education Incentive
6.1 Employees in the classification of Police Officer who possess a P.O.S.T. Intermediate Certificate
will receive two and one-half percent(2 %%) per month as additional pay to their base salary.
6.2 Employees in the classification of Police Officer who possess a P.O.S.T. Advanced Certificate
will receive two and one-half percent(2 '/%) per month as additional pay to their base salary, in
addition to 6.1 above.
Section 7.0 Overtime.
7.1 Overtime, except training time, shall be compensated at the rate of time and one-half pay for
hours worked in excess of 40 hours in each work week . Paid time off shall be considered time
worked for overtime compensation. Briefing time pursuant to Section 13 shall not be considered
time worked for overtime calculation purposes.
7.2 Each unit employee shall work up to 4 hours training time in a four(4) work week period at
straight time pay for Department-wide training and meetings.
7.3 Overtime work which is less than a one (1) hour increment in a work shift shall be compensated
for in the following manner:
1 to 15 minutes, overtime compensation - 0
16 to 30 minutes, overtime compensation - 1/2 hour
31 to 45 minutes, overtime compensation - 3/4 hour
46 to 60 minutes, overtime compensation - 1 hour
7.4 Any overtime increments worked over one (1) hour shall be compensated as in the above
referenced increments. Compensatory time in lieu of overtime shall be computed at a rate one-
half rate of the base salary and shall be granted to employees at the mutual convenience of the
Police Department and the employee. Employees may not accumulate and have current credit 0
for more than sixty-four(64) hours of compensatory time earned and holiday hours as provided
0(000,13
for in Section 9.0.
7.5 It is further agreed, however, that overtime will not be paid for hours traveling, studying, or
evening classes, etc., when an employees is attending an out-of-town school. Overtime as the
result of Department-wide training and meets authorized by the Chief or Police will be
compensated at straight time up to four(4) hours per month (see 7.2). Overtime beyond four(4)
hours per month for this purpose will be compensated at time and one-half(1-1/2) of the hourly
rate.
7.6 Employees called back to work for hours not contiguous to a scheduled shift.shall be
compensated a minimum of two hours of overtime for each call back period.
Section 8.0 Sick Leave
8.1.1 Sick Leave Incentive Eligibility-to be eligible for this benefit an employee must:
a. Have accumulated 48 days of sick leave.
b. The sick leave pay-off will occur during the next
12 - month period (December 1 - November 30)after
an employee has accumulated and maintained 48 days
on the books.
c. In the event one employee covered by this agreement
donates up to 12 days of sick leave in any one year,
to the Employee Sick Leave Bank, it shall not count
against the 48 days accumulation for eligibility to
receive the incentive pay-off.
8.1.2 Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is
twelve (12) days).
a8.1.3 The time period for determining annual usage will be December 1 to November 30 each year.
Checks will be prepared by December 15 of each year.
8.2 An employee may use a maximum of thirty two (32) hours sick leave per fiscal year, for the
care of dependents who are ill, injured or pregnant and who are living in the employee's
household.
Section 9.0 Holidays
9.1 City agrees that Association members shall continue to receive one (1) holiday as provided for
by City Resolution No. 52-82 dated November 8, 1982, to be known as a "floating holiday".
Said floating holiday shall be one (1) day per year credited on January 1st of each year and
must be utilized within the calendar year. Employee may take such holiday at his/her choice of
time consistent with the scheduling needs of the City and subject to approval of the Police Chief.
There shall be no accumulation of floating holiday.
9.2 Martin Luther King Birthday shall be a recognized City Holiday for employees covered by this
MOU.
9.3 Employees covered by this MOU shall be allowed to accrue holiday hours prior to required
payoff. Employees may not accumulate and have current credit of more than sixty-four(64)
hours of holiday hours and compensatory time off as provided for in Section 7.0.
Section 10.0 Probationary Period.
The probationary period for newly hired employees shall be eighteen months. The probationary
period for employees promoted to a higher classification shall be twelve months in the new
classification.
0000,12
Section 11.0 Standby Compensation.
11.1 Employees may be placed on standby status by the Chief of Police. Standby duty shall not be
considered as hours worked for the purpose of computing overtime. Three types of standby
may be assigned:
1. Weekend standby shall require that an employee be on standby status from 5:00 p.m.
Friday evening to 8:00 a.m. Monday morning. In the event of a holiday weekend, the
extra pay(s)will be added to the standby duty time. Employees assigned weekend
standby shall be paid a flat fee of$40.00 per weekend assigned.
2. Full week standby shall require that the employee be on standby status for the weekend
as per No. 1 above and be on standby status during the week during all non-work hours.
Employees assigned shall be paid a flat$50.00 per week assigned.
3. Court time (or equivalent) standby shall be compensated at the rate of two (2) hours
straight time compensation for every four(4) hours of actual time in standby assignment,
prorated for more or less than four hours. Minimum compensation will be for one (1)
hour of straight time.
4. Employees responding to work from standby shall receive a minimum of two hours pay
at straight time. Employees working in excess of one hour and twenty minutes once
called back shall receive time and one-half pay for hours worked in excess of one hour
and twenty minutes, or two hours straight time, whichever is greater.
11.2 Employees on standby status must provide the Police Dispatcher with a telephone number
where he/she can be reached directly; and be able to respond to the predetermined duty
assignment within twenty minutes from the time of notification.
Section 12.0 Special Assignment Pay.
12.1 Employees in the classification of Police Officer assigned to act in the capacity of Field Training
Officer shall be compensated at the rate of$100.00 per month. Compensation shall be
provided only for hours actually spent serving in the capacity of Field Training Officer.
12.2 Compensation shall be provided only when the assignment has been specifically authorized by
the Chief of Police or designee.
Section 13.0 Work Schedule
13.1 In general, employees shall be scheduled to work consecutive days on and consecutive days
off. Work schedules changes (e.g. 5/8; 4/10; 3/12; 9/80) require a 30 day notice by the City or
the Bargaining Unit. Either party may request a change in work schedules by written notification
at least thirty (30) days in advance of proposed change. Once proposed schedules are agreed
to, the Police Chief will make a recommendation to the City Manager for final approval.
Exceptions shall be made for:
1) Employee volunteering for special assignments or other schedules.
2) Employees needing schedule adjustments for
military leave.
3) Employees needing schedule adjustments to accommodate schooling.
4) Emergencies.
5) Special events.
6) Training.
000043
13.2 Shift employees (excluding administrative and investigative personnel) shall work consecutive
hours within a work shift. A one-half (1/2) hour lunch period may be taken during the shift if the
work load permits and as authorized and scheduled by the shift supervisor. Employees shall be
considered to be on-duty during the lunch period and shall answer calls as assigned.
13.3 In addition to the work schedules called for above, employees assigned as Acting Watch
Commander will report to work at least fifteen minutes prior to the beginning of their shift to
allow for a briefing period. Each employee so assigned will receive $1.00 per hour for the shift
as compensation for time spent in shift change-over briefing.
Section 14.0 Uniform Provisions.
14.1 The City shall provide an initial uniform issue for new hires and, an annual uniform allowance of
Six-hundred Dollars ($600) for all eligible employees.
14.2 The City will make a lump sum payment, subject to the appropriate payroll taxes annually, in
July, of the uniform allowance provided for in section 14.1, above. Said payment shall be no
later than the second pay day in July.
14.3 The City shall make available to all unit employees a bullet proof vest. Employees requesting a
vest shall certify that they will wear the vest at all times, except in extreme climatic conditions.
14.4 Vests shall be replaced or refurbished on anus needed basis as determined by the Chief of
Police. Employees already owning a vest shall continue to use them until repair or
refurbishment becomes necessary, as determined by the Chief of Police.
14.5 Rain boots-The City shall comply with the requirements of CAUOSHA as it relates to providing
rain gear including rain boots.
Section 15.0 Management Rights.
The authority of the City includes, but is not limited to the exclusive right to determine the
• standards of service; determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action for"just cause"; relieve its employees
from duty because of lack of work or for other legitimate reason; maintain the efficiency of
governmental operations; determine the methods, staffing and personnel by which
governmental operations are to be conducted; determine the content of job classifications; take
all necessary actions to carry out its mission in emergencies; exercise complete control and
discretion over its organizations and the technology of performing its work; provided, however,
that the exercise and retention of such rights does not preclude employees or their
representatives from consulting or raising grievances over the consequences or impact that
decisions on these matter may have on wage, hours and other terms of employment.
Section 16.0 Peaceful Performance.
16.1 During the life of this agreement no work stoppage, strikes, slowdowns or picketing shall be
caused or sanctioned by the Atascadero Police Officers Association, and no lockouts shall be
made by the City of Atascadero.
16.2 In the event that any employees covered by this agreement, individually or collectively, violate
the provisions of this article and the Atascadero Police Officers Association fails to exercise
good faith in halting the work interruption, the Association and the employees involved shall be
deemed in violation of this article and the City shall be entitle to seek all remedies available to it
under applicable law.
Section 17.0 Provisions of Law.
17.1 This MOU is subject to all current applicable federal, state and local laws, regulations and
resolutions. Ordinances, rules and regulations dealing with employee wages, hours and
working conditions enacted by the City Council shall be subject to the appropriate revisions,
amendments and deletions necessary to conform with the purpose, intent and application of the
provisions of this MOU.
17.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions
of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable
by any tribunal or competent jurisdiction, such part shall be suspended and superseded by such
applicable law or regulations, and the remainder of this MOU shall not be affected.
Section 18.0 Applicability of Personnel Rules and Regulations.
It is agreed and understood that in all other respects except as specifically enumerated by the
MOU, the rules, regulations and conditions of employment of the City of Atascadero as
established by Atascadero Municipal Code, Title 2, Chapter 2, inclusive, Resolution No. 12-80,
dated July 14, 1980, Resolution No. 31-81, Resolution No. 52-82 dated November 8, 1982, shall
remain in full force and effect.
Section 19.0 Renegotiations
19.1 If either party wants to negotiate a successor Agreement, such party shall serve written notice
upon the other party between March 15 and April 15 of the final year of this MOU.
19.2 If a party requests negotiations pursuant to the above section, such party shall also submit initial
proposals in writing for a successor Agreement no later than April 15th of the final year of this
MOU.
19.3 If either party fulfills the requirements of the above sections, then negotiations shall begin no
later than 1 May of the final year of this MOU.
Section 20.0 Term of Agreement
Unless specifically provided otherwise, the provisions of this MOU shall go into effect July 1,
1995, and shall remain in effect, unless modified by mutual agreement, until midnight June 30,
1997.
DATE:
ATASCADERO POLICE OFFICERS CITY OF ATASCADERO
i
0000,15
CITY OF ATASCADERO SALARY SCHEDULE Exhibit A
EFFECTIVE 07/01/96;ADOPTED 10/22/96 Resolution 93-96
Page 1 of 2
BAR JOB JOB FUNDED
UNIT CODE DESCRIPTION POS. A STEP B STEP C STEP D STEP E STEP
MONTHLY RATE
EX 1100 CITY MANAGER 1.00 6397.98 6717.88 7053.77 7406.46 7776.78
MG 2111 DIR OF FINANCE 1.00 4383.84 4603.03 4833.18 5074.84 5328.58
MG 2112 DIR OF COMM DEV 0.50 5263.63 5526.81 5803.15 6093.31 6397.98
MG 2110 DIR OF COMM SERV 1.00 4383.84 4603.03 4833.18 5074.84 5328.58
MG 2114 FIRE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30.
MG 2113 POLICE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30
MG 2115 DIR OF PUB WKS 0.00 5263.63 5526.81 5803.15 6093.31 6397.98
MM 3501 ACCOUNTANT 0.00 3010.06 3160.56 3318.59 3484.52 3658.75
MM 3160 ADMIN ANALYST/PW 1:00 2505.84 2531.13 2762.69 2900.82 3045.86
MM 3110 ASSISTANT PLANNER 0.00 2505.84 2631.13 276269 2900.82 3045.86
MM 3210 ASSOCIATE CIVIL ENGR 0.00 2912.51 3058.14 3211.04 3371.59 3540.17
MM 3111 ASSOCIATE PLANNER 1.00 291251 3058.14 3211.04 3371.59 3540.17
MM 2810 BATTALION CHIEF 0.00 3693.62 3878.30 4072.22 4275.83 4489.62
MM 2780 CHF OF WASTEWATER OPERAT 1.00 3206.35 3366.67 3535.00 3711.75 3897.34
MM 2270 CITY PLANNER 1.00 3643.73 3825.92 4017.21 4218.07 4428.98
MM 2770 PARKS SUPERVISOR 1.00 2697.11 2831.97 2973.56 3122.24 3278.35
MM 3120 PLAN CHECK ENGR 1.00 3563.55 3741.73 3928.81 4125.25 4331.52
MM 2910 POLICE LIEUTENANT 2.00 3693.62 3878.30 4072.22 4275.83 4489.62
MM 2520 RECREATION SUPV 2.00 2723.48 2859.65 3002.64 315277 3310.41
MM 3312 SR BLDG INSPECTOR 0.00 3223.54 3384.72 3553.95 3731.65 3918.23
• MM 2260 SR CIVIL ENGINEER 0.00 3413.84 3584.53 3763.76 3951.95 4149.54
MM 3112 SENIOR PLANNER 1.00 3199.61 3359.59 3527.57 3703.95 3889.15
MM 2760 STREET MAINT SUPV 1.00 2926.57 307290 3226.54 3387.87 3557.26
MM 2970 SUPPORT SVCS MGR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
MM 2510 GENERAL CURATOR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
CE 3710 PERSONNEL ANALYST 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
CE 4310 SECTY TO CITY MGR 1.00 2330.76 2447.30 2569.66 2698.15 2833.05
FC 2860 FIRE CAPTAIN 4.00 3189.99 3349.49 3516.96 3692.81 3877.45
FM 7511 FIRE ENGINEER 8.00 2832.58 2974.21 3122.92 3279.07 3443.02
FM 7510 FIRE FIGHTER 3.00 2575.02 2703.77 2838.96 2980.91 3129.95
GS 3310 BLDG INSP I 0.00 228216 2396.27 2516.08 2641.89 2773.98
GS 3311 BLDG INSP II 1.00 2535.63 2662.41 2795.53 2935.31 3082.07
GS 6510 BLDG MAINT SPECIALIST 0.00 2206.66 2316.99 243284 2554.48 - 2682:21`
GS 3320 ENGINEERING TECH 1 0.00 2075.51. 2179.29 2288.25 2402.66 2522.80
GS 3321 ENGINEERING TECH 11 0.00 2302.55 2417.68 2538.56 2665.49 2798.76
GS 6125 MAINT. LEADWORKER 2.00 2146.83 2254.17 2366.88 2485.22 2609.49
GS 6120 MAINT WORKER 1 2.50 1770.37 1858.89 1951.83 2049.42 2151.90
GS 6121 MAINT WORKER II 8.00 1951.75 2049.34 2151.80 2259.39 2372.36
GS 6130 EQUIPMENT OPR 0.00 2049.29 2151.75 2259.34 2372.31 2490.92
GS 3330 PLANNING TECHNICIAN 0.00 2075.51 2179.29 2288.25 2402.66 2522.80
GS 6311 WWTP OPERATOR 1 2.00 2173.53 2282.21 2396.32 2516.13 2641.94
GS 6312 WWTP OPERATOR Il 1.00 2414.94 2535.69 2662.47 2795.59 2935.37
GS 6313 WWTP OPERATOR 111 1.00 2704.88 2840.12 2982.13 3131.24 3287.80
GS 6310 WWTP OPR-IN-TRNG 0.00 1956.28 2054.09 2156.80 2264.64 23T!.87
CU 4110 ACCOUNT CLERK 1 1.00 1697.83 1782.72 1871.86 1965.45 2063.72
CU 4111 ACCOUNT CLERK II 1.50 1871.76 1965.35 2063.62 2166.80 2275.14
. CU 4311 ADMIN SECRETARY 3.00 1965.61 2063.89 2167.09 2275.44 2389.21
0000,16
Exhibit A
Resolution 93-96
Page 2 of 2
CU 4710 BUILDING TECHNICIAN 1.00 2059.31 2162.28 2270.39 2383.91 2503.10
CU 4113 FINANCE TECHNICIAN 0.00 2059.31 2162.28 2270.39 2383.91 2503.10
CU 4312 SECTY TO CITY COUNCIL 1.00 2113.03 2218.68 2329.62 2446.10 2568.40
CU 4711 STAFF ASSISTANT 1.00 2113.03 2218.68 2329.62 2446.10 2568.40
CU 4510 OFFICE ASST 1 1.50 1540.07 1617.07 1697.93 1782.82 1871.96
CU 4511 OFFICE ASST II 0.00 1697.83 1782.72 1871.86 1965:45. 2063.72
CU 4512 OFFICE ASST 111 0.00 1871.76 1965.35 2063:62 2166.80 2275.14
CU 4310 SECRETARY 0.00 1769.15 1857.61 1950.49 2048.01 2150.41
AS 2960 POLICE SERGEANT 5.00 3236.84 3398.68 3568.62 3747.05 3934.40-
PD 7111 POLICE OFFICER 18.00 2691.20 2825.76 2967.05 3115.40 3271.17
SA 7312 SUPPORT SVCS LEAD TECH 1.00 2393.71 2513.40 2639.07 2771.02 2909.57
SA 7311 SUPPORT SVCS TECH 7.00 2193.60 2303.28 2418.44 2539.37 2666.33
TOTAL FUNDED 95.00
0(90047
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-14
Through: Andy Takata, City Manager Meeting Date: 01/14/97
From: Alicia Lara, Personnel Analys
t
f
SUBJECT: Memorandum of Understanding (MOU) between the City of Atascadero and
the Atascadero Public Safety Technicians Organization(APSTO).
RECOMMENDATION: Adopt Resolution No. 07-97 adjusting benefits for the
Atascadero Public Safety Technicians Organization.
BACKGROUND: The Atascadero Public Safety Technicians Organi` aton is a
recognized unit. It represents the classification of Support Services mead Technician
and Support Services Technician. Currently there are seven full4imo and two half-time
members. All employees in permanent positions accrue benefits although half-.time
employees are not eligible for health coverage.
DISCUSSION: This MOU covers a two year period, fiscal year 1995 96 and 1996197.
There is no salary increase for the term of this contract. The attache salary schedule
(Exhibit A) adopted on October 22, 1996, reflects a zero percent incroase.
I
Prior to 1995, the City paid the cost of increased insurance premiums for the employee
and a negotiated flat rate amount for dependents. This MOU will increase the City's
contribution to health insurance premium costs, based upon the HM0 medical plan,
which has a lower premium (and increase) that the "indemnity-type" pian. In our
continuing effort to equalize as many benefits as possible among all he bargaining
units, the increase premium costs for dependent will be picked up at 50% by the City.
Although there was no increase in 1995, there is an increase in prerriums effective
November 1, 1996. That results in the City paying an additional $4.4,5 per employee
per month and $4.08 increase to dependent coverage.
FISCAL IMPACT: The total fiscal impact of the Public Safety Technipians MOU for the
two year term is $477.68 for the seven full-time employees.
Attachments: Resolution 07-97
Salary Schedule (Exhibit A)
r
i
s
0000-15
RESOLUTION NO. 07-97
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ATASCADERO AND
THE ATASCADERO PUBLIC SAFETY TECHNICIANS ORGANIZATION
WHEREAS, The City of Atascadero has met and conferred in good faith with the
Atascadero Public Safety Technicians Organization for the purpose of discussing wages,
benefits and other conditions of employment; and
WHEREAS, The City of Atascadero and the Atascadero Public Safety Technicians
Organization have reached an agreement regarding said wages,benefits and other conditions
of employment for the term of Fiscal Years 1995/96 and 1996/97;
NOW,THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby
approves the Memorandum of Understanding between the City and the Atascadero Public
Safety Technicians for Fiscal Years 1995/96 and 1996/97 and authorizes the City Manager,as
the Employee Relations Officer,to enter into said agreement on behalf of the City. .
On motion by Councilperson seconded by Councilperson , the
foregoing resolution is hereby adopted in its entirety on the following roll-call vote:
AYES:
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO, CA
ATTEST:
By: RAY JOHNSON, Mayor
MARCIA M. TORGERSON, City Clerk
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
0000,19
• MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ATASCADERO
AND
ATASCADERO PUBLIC SAFETY TECHNICIANS ORGANIZATION
PUBLIC SAFETY TECHNICIANS UNIT
SECTION 1 PREAMBLE
This Memorandum of Understanding is entered into between the authorized representatives
of City of Atascadero, hereinafter referred to as "City", and of Atascadero Public Safety
Technicians Organization, hereinafter referred to as "Association". Such Memorandum of
Understanding was developed pursuant to California Government Code 3500, et sec., City of
Atascadero Municipal Code Title 2, Chapter 2, Section 2.2.01 through 2-2.13, inclusive, and
the City of Atascadero Resolution No. 12-80, dated July 1980,and subsequent amendments
thereto.
SECTION 2 PURPOSE
It is the purpose of the Memorandum of Understanding, hereinafter referred to as "MOU", to
promote and provide for continuity of operation in employment through harmonious relations,
.cooperation and understanding between management and employees covered by the
provisions of this MOU and to set forth the understanding reached between the parties as a
result of good faith negotiations on matters set forth herein.
SECTION 3 RECOGNITION
Pursuant to California Government Code 3500, et seq., City of Atascadero Municipal Code,
Title 2, Chapter 2, Section 2-2.01 through 2-2.13, inclusive, and the City of Atascadero
Resolution No. 12-80, dated July 1980, and subsequent amendments thereto, the City
hereby recognizes Association as the bargaining representative for purpose of representing
regular and probationary employees, occupying the classifications of Support Services
Technician and Support Services Lead Technician in the Public Safety Technician Unit with
respect to their wages, hours and other terms and conditions of employment.
SECTION 4 FULL UNDERSTANDING, MODIFICATIONS, WAIVER.
4.1 This MOU sets forth the full and entire understanding of the parties regarding the matters set
forth herein. Any other prior or existing understanding or agreement by the parties, whether
formal or informal, regarding any such matters, are hereby suspended or terminated in their
entirety. If any provisions of any other City resolutions are in conflict with this Memorandum,
the terms and conditions of this MOU shall prevail.
4.2 No agreement, alteration, understanding, variation, waiver or modification of any of the terms
or provisions contained herein shall in any manner be binding upon the parties hereto unless
made and executed in writing by both parties hereto and, if required, approved and
implemented by the City Council.
4.3 The waiver of any breach, term or condition of this agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
0i0050
SECTION 5 SALARY AND RETIREMENT
5.1 Salaries in effect on June 30, 1994, shall be increased of 0.9% (nine tenths of a percent) in
the form of nineteen (19) hours furlough for the fiscal year. Nineteen (19) hours furlough will
be added each fiscal year to be used within the fiscal year, until the City's financial situation
is such that the 0.9% can be added to base salary.
5.2 Overtime: Employees called back to work for hours not contiguous to a scheduled shift shall
be compensated a minimum of two hours of overtime for each call back period.
5.3 Total Compensation. The parties agree and acknowledge that salary, employer paid
retirement costs and employer contributions towards insurance(s) shall constitute "total
compensation" and will be the basis of comparison in future negotiations.
5.4 Newly hired employees shall normally be placed at Step A. Advanced step hiring may be
approved by the City Manager upon request by the Department Head.
5.5 Movement between steps will be at twelve month intervals and subject to satisfactory
performance.
5.6 Pay on Promotion. An employee who is promoted shall receive a salary increase of at least
one Step (5%). Therefore, the employee shall be placed on Step A, or that a step which
produces at least one step salary (5%) increase.
5.7 Standby Compensation: Court time (or equivalent) standby shall be compensated at the rate
of two (2) hours straight time compensation for every four(4) hours of actual time in standby
assignment, prorated for more or less than four hours. Minimum compensation will be for
one (1) hour of straight time. Employees responding to work from standby shall receive a
minimum of two hours pay at straight time. Employees working in excess of one hour and
twenty minutes once called back shall receive time and one-half pay for hours worked in
excess of one hour and twenty minutes, or two hours straight time, whichever is greater.
5.9 The City shall contact P.E.R.S. for the purpose of requesting a valuation of the 2% @ 55
retirement benefit, for miscellaneous members. The valuation shall be requested no later
than June, 1996.
SECTION 6 INSURANCE PROGRAMS
6.1 Health Insurance
6.1.1 Effective November 1, 1994, the City shall pay a total of$400.00 per month toward
the cost of all medical, dental, life insurance and vision benefit premiums for the
employee and dependents for the term of this agreement. For fiscal year 1995/96
the City shall pay for increased costs to medical, dental, vision and life insurance
premiums for employee and fifty percent(50%) of increased costs for
dependents based upon HMO plan costs.
6.1.2 The Medical Insurance Committee may recommend changes in the level of service
and service providers to the City during the term of the agreement. For
recommended changes, each recognized bargaining unit shall have authority to
vote on a pro-rated basis. The ratio shall be based on the number of unit
O00051
employees to the number of employees eligible for health benefits.
6.1.3 For those employees with only one dependent or without dependents or who do not
choose to enroll their dependents in the City plan, the remaining amount of the City
contribution toward premiums for coverage shall be paid to the employee as an
addition to his/her regular pay.
6.2 Flexible Benefits Plan
The City shall develop and make available to employees covered by this MOU a Flexible
Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective
January, 1992. The plan will enable an employee to, on a voluntary basis, cover additional
out of pocket expenses for insurances and dependent care through pretax payroll dollars.
6.3 Term Life Insurance
6.3.1 City shall maintain a term life insurance policy for each unit employee, in the amount
of Twenty Thousand dollars ($20,000.).
6.3.2 City shall maintain a term life insurance policy for each eligible dependent enrolled in
the health coverage unit employee , in an amount of One Thousand dollars
($1,000.00) per dependent.
6.4 State Disability Insurance
6.4.1 City shall continue to provide State Disability Insurance as a payroll deduction of each
employee.
6.4.2 State Disability Insurance shall be integrated with sick leave with the objective of
providing full compensation.
SECTION 7 SICK LEAVE INCENTIVE
7.1 Eligibility-to be eligible for this benefit an employee must:
a. Have accumulated 48 days of sick leave.
b. The sick leave pay-off will occur during the next 12 month period (December 1 -
November 30) after an employee has accumulated and maintained 48 days on the
books.
C. In the event an employee covered by this agreement donates up to 12 days of sick
leave in any one year, to the Employee Sick Leave Bank, it shall not count against the
48 says accumulation for eligibility to receive the incentive pay-off.
7.2 Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment
is twelve (12) days).
7.3 The time period for determining annual usage will be December 1 to November 30 each year.
Checks will be prepared by December 15 of each year.
i
0000,52
SECTION 8 VACATIONS, HOLIDAYS AND COMPENSATION TIME
8.1 Vacation leave shall be credited, computed and used as specified by Section 9.0, Employee
Benefits, of Resolution No. 12-80, dated July 14, 1980.
8.2 It is agreed and understood that the taking of vacation shall be as scheduled by the
Department Head subject to the needs of the City.
8.3 Holidays shall be observed in accordance with Section 9.4, Employees Benefits, of
Resolution No. 12-80 dated July 14, 1980.
8.3.1 The Birthday (Floating) as noted in Resolution No. 52-82, Section 5, Subparagraph K, dated
November 8, 1982 shall be credited to the employee on January 1 of each year and must be
utilized within the calendar year, to be scheduled as any normal leave with pay procedure.
There shall be no accumulation of floating holidays.
8.4 Martin Luther King Birthday shall be recognized City holiday for employees covered by this
MOU.
8.5 Employees shall be allowed to accrue sixty-four(64) hours of holiday hours and/or
"compensatory time" hours prior to required payoff. All hours in excess of the six-four(64)
hours will be compensated as part of the paycheck in which the time is earned.
8.6 Employees in a permanent part-time position who are scheduled to work on a City
recognized holiday shall be allowed to accrue worked hours of holiday time up to eight
(8) hours.
SECTION 9 GENERAL BENEFITS
9.1 It is agreed that overtime, compensatory time off(CTO), retirement, leaves and other benefits
and conditions of employment shall be as specified by City Resolutions No. 12-80, 31-81 and
52-82 and the Atascadero Municipal Code Title 2, Chapter 2, inclusive. Pregnancy leave
shall be provided in accordance with State Law.
9.2 The City shall amend the Public Employee Retirement System (PERS) to provide for the Post
Retirement Survivor Allowance for employees covered by this MOU.
9.3 The City shall continue to pay the employees contribution of seven percent(7%) towards the
Public Employees Retirement System (PERS).
9.4 The City agrees to add grandparents to the list of family members for whom the employee is
allowed to take bereavement leave.
9.5 An employee may use a maximum of thirty two (32) hours sick leave per fiscal year, for
the care of dependents who are ill, injured or pregnant and who are living in the
employee's household.
SECTION 10 TRAINING ASSIGNMENT PAY
Employees in the classification of Support Services Technician assigned to act as a trainer of
a newly hired employee shall be compensated at the rate of$50.00 per month.
i
000053
Compensation shall be provided only when the assignment has been specifically authorized
by the Chief of Police or his designee and shall be paid only for hours actually spent service
in the capacity of a trainer.
SECTION 11 PROBATIONARY PERIOD
The probationary period for newly hired employees shall be twelve months. The probationary
period for employees promoted to a higher classification shall be six months in the new
classification. The City shall have the option of granting a newly hired employee regular
status at any time after nine (9) months of service.
SECTION 12 SHIFT CHANGES
The City shall give employees reasonable notice of routine shift changes. Emergency shift
changes shall be made on an as needed basis.
SECTION 13 GRIEVANCE PROCEDURE
Employees shall be entitled to utilize the grievance procedure as outline in Section 6.0 of
Resolution No. 12-80.
SECTION 14 CONTRACTING OUT
The City will give reasonable notice to the Association if it intends to contract out the
functions currently performed by employees within the Unit. Upon request, the City will meet
with the Association to explain the reason for the decision to contract out and to solicit
Association views on the proposal. Nothing in this section shall be construed to limit the
rights of the City Council to contract out work at its sole discretion.
SECTION 15 MANAGEMENT RIGHTS
The authority of the City includes, but is not limited to the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
and promotion; direct it employees; take disciplinary action for"just cause'; relieve
employees from duty because of lack of work or for other legitimate reasons; maintain the
efficiency of governmental operations; determine the methods, staffing and personnel by
which governmental operations are to be conducted; determine the content of job
classifications; take all necessary actions to cant'out is mission in emergencies; exercise
complete control and discretion over its organization and the technology of performing its
work; provided, however, that the exercise and retention of such rights does not preclude
employees or their representatives from consulting or raising grievances over the
consequences or impact that decisions on these matters may have on wage, hours and other
terms of employment.
SECTION 16 PROVISIONS OF LAW
16.1 This MOU is subject to all current applicable federal, state and local laws, regulations and
resolutions. Ordinances, rules and regulations dealing with employee wages, hours and
working conditions enacted by the City Council shall be subject to the appropriate revisions,
amendments and deletions necessary to conform with the purpose, intent and application of
the provisions of this Agreement.
00{10;,11
16.2 If any part of provision of this MOU is in conflict or inconsistent with such applicable
provisions of federal, state or local laws, or regulations, or is otherwise held to be invalid or
unenforceable by any tribunal or competent jurisdiction, such part shall be suspended and
superseded by such applicable law or regulations and the remainder of this MOU shall not be
effected.
SECTION 17 APPLICABILITY OF OTHER RULES AND REGULATIONS
It is agreed that all provisions of any existing or prior, understandings or personnel policies,
customs, practices and actions not specially included in Atascadero Municipal Code, Title 2,
Chapter 2, inclusive, and associated rules and regulations adopted by the City Council of the
City of the City of Atascadero, shall be superseded by the provisions of this MOU.
SECTION 18 PEACEFUL PERFORMANCE CLAUSE
18.1 The parties to this MOU recognize and acknowledge that the services performed by the City
employees covered by this Agreement are essential to the public health, safety and general
welfare of the residents of the City of Atascadero. Association agrees that under no
circumstances will the Association recommend, encourage, cause or promote its members to
initiate, participate in, nor will any member of the bargaining unit take part in, any strike,
sitdown, stay-in, sickout, slow-down, of picketing (hereinafter collectively referred to as "work-
stoppage) in any office or department of the City, nor to curtail any work or restrict any
production, or interfere with any operation of the City. In the event of any such work
stoppage by any member of the bargaining unit, the City shall not be required to negotiate on
the merits of any dispute which may have risen to such work stoppage until said work
stoppage has ceased.
18.2 In the event of any work stoppage, during the term of this MOU, whether by the Association
or by any member of the bargaining unit, the Association by its officers, shall immediately
declare in writing and publicize that such work stoppage is illegal and unauthorized, and
further direct its members in writing to cease the said conduct and resume work. Copies,of
such written notices shall be served upon the City. if in the event of any wont stoppage the
Association promptly and in good faith performs the obligations of this paragraph, and
providing the Association has not otherwise authorized, permitted or encouraged such work
stoppage, the Association shall not be liable for any damages caused by the violation of this
provision. However, the City shall have the right to discipline, up to and including discharge,
any employee who instigates, participates in, or gives leadership to, any work stoppage
activity herein prohibited, and the City shall also have the right to seek full legal redress,
including damages, against any such employees.
SECTION 19 IMPLEMENTATION
19.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero City
Council. It is understood that this MOU shall not be binding upon parties either in whole or in
part unless and until said City Council: a) acts, by a majority vote, formally to approve and
adopt said MOU, b) and acts in a timely manner to appropriate funds necessary to implement
the provisions of this MOU which require funding.
19.2 Notwithstanding the foregoing, in the event the City Council fails to take all of the actions
necessary for timely implementation of this MOU, either party may request the renewal of the
meet and confer process.
00000 )5
SECTION 20 TERM OF AGREEMENT
20.1 This MOU shall be effective as of 0001 a.m., July 1, 1995, and shall remain in effect, unless
modified by mutual agreement, until midnight June 30, 1997.
20.2 if either party wants to renegotiate a successor agreement, such party shall service upon the
other during the period March 1st to April 1st of the last year of this Agreement, its written
request to reopen the Agreement as well as its written proposals to amend this Agreement.
Upon receipt of such written notice and receipt of the proposals, negotiations shall begin no
later than thirty (30) days after such receipt or May 1st, whichever is later.
Date:
ATASCADERO PUBLIC SAFETY CITY OF ATASCADERO
TECHNICIANS ORGANIZATION
000056
REPORT TO CITY COUNCIL Agenda Item: B-1
CITY OF ATASCADERO
Through: Andrew J. Takata Meeting Pate: 1/14/97
City Manager
File Nu7ber: RA 96001
Via: Steven L. DeCamp
Acting Community Development Director
From: Doug Davidson, Senior Planner
SUBJECT:
Consideration of a request to abandon a portion of the Ardilla Road
right-of-way (Shores/Sholders Surveys) .
RECOMMENDATION•
1 . Resolution No. 102-96 - Approve attached resollAtion summarily
vacating a portion of Ardilla Road pursuant to Street and
Highways Code; Part 3, Public Streets, Highways, and Service
Easements Vacation Law; Chapter 4, Summary Va0ation.
Planning Commission' s Recommendation:
Approve Road Abandonment 96001 based on the Findingsl and Conditions
as contained in attached Resolution 102-96.
BACKGROUND:
On December 3, 1996, the Planning Commission conftcted a public
hearing on the above-referenced application. After discussion (see
attached minutes excerpts) , the Planning Commis0ion voted 7 :0
recommending approval of Road Abandonment 96001 .
t
/Ph
Attachments : Resolution No. 102-96
Planning Commission Staff Report - Docember 3, 1996
Minutes Excerpts - December 3, 1996
00000)'7
RESOLUTION NO. 3.02-96
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO SUMMARILY VACATING A PORTION OF ARDILLA ROAD PURSUANT
TO STREET AND HIGHWAYS CODE; PART 3, PUBLIC STREETS, HIGHWAYS,
AND SERVICE EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY VACATION.
(RA #96001: Shores Ptn. Ardilla Road)
WHEREAS, Streets and Highways Code 8330 permits summary
vacation of a street right-of-way, or portion of aright-of-way,
by adoption of a resolution of summary vacation; and
WHEREAS, this portion of the Ardilla Road right-of-way, as
shown on the attached Exhibit, has been superceded by relocation
and had been impassable for vehicular travel for at least five
consecutive years and no public money was expended for its
maintenance during that time; and
WHEREAS; the vacation of this portion of the Ardilla Road
right-of-way now superceded by relocation, will not eliminate
access to any person' s property which prior to relocation
adjoined the street or highway to be vacated; and
WHEREAS; the vacation of this portion of the Ardilla Road
right-of-way will not affect any in-place, in-use public utility
facility or will not terminate a public service easement; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the subject amendment on December
3, 1996 and pursuant to Government Code 65402 has recommended to
the Council that the vacation of this portion of the Ardilla Road
night-of-way is in conformance with the General Plan; and
WHEREAS, pursuant to Streets and Highways Code 2381, the
Planning Commission has recommended to the Council that this
portion of the Ardilla Road right-of-way is not suitable or
useful as a non-motorized transportation facility, or that
adequate easements have been retained for such purposes.
THEREFORE, the Council of the City of Atascadero finds as
follows:
1 . The proposed vacation of this portion of the Ardilla
Road right-of-way, superceded by relocation, is
. consistent with the General Plan.
2 . The portion of the Ardilla Road right-of-way to be
abandoned, now super-ceded by relocation, is not
suitable as a non-motorized transportation facility.
000W38
Resolution No. 102-96
Page 2
3 . The Council now summarily vacates, pursuant to Streets
and Highways Code, Part 3, Chapter 4, 8330, that
portion of the Ardilla Road right-of-way shown on the
attached Exhibit subject upon the property owner
agreeing to indemnify and "hold harmless" the City from
claims that may arise from the abandonment procedure.
This agreement shall be reviewed and found acceptable
to the City Attorney prior to recording of the
abandonment Resolution and associated documents.
4 . That from and after the date this resolution is
recorded with the County Recorded, the portion of
Ardilla Road shown on the attached Exhibit shall no
longer constitute a street right-of-way.
5. The City Clerk shall cause a certified copy of this
Resolution of Summary Vacation, attested by his or her
seal, to be recorded without acknowledgment or further
proof in the office of County Recorder.
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
RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGERSON City Clerk
rk
000 J9
Resolution No. 102-96 .
Page 3
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DECAMP, .Acting Community Development Director
000060
I EXHIBIT A
(_�IT (_)li ATA f7FRC�l RESOLUTION 102-96
,V .' Y
♦♦♦ ` c�nt;R = COMMUNITY DEVELOPMENT
DEPARTMENT
OPEN IRON
PIPE PER R $O`t0'OG"E
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/2 9:¢O'
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allIbir .A
_I
000061
EXHIBIT A (CONT. )
RESOLUTION 102-96
RUM) ARAND01UMCNT - LEC-AL DESCIZI PTIDN''
A parcel of land in the City of Atascadero, County of San Luis
Obispo, State of California, more particularly described as
follows:
BEGINNING at the southeasterly corner of Parcel 1 of Parcel Map
AT 83-040 , as recorded February 27, 1987 in Book 41, Page 14 of
Parcel Maps, in the office of the County Recorder, said County
and State, said corner bearing South 0010100" East along the
centerline of Ardilla Road, 235.60 feet from a 1" open iron pipe,
monumenting the beginning of curve per Book 3, Page 28 of Atasca-
dero Colony (said County and State) ;
Thence, continuing along the centerline of Ardilla Road South 00
10'00" East, a distance of 129.40 feet to the northwesterly
corner of Lot 20, Block 24 of Atascadero Colony per said Book 3,
Page 28;
Thence, along the northwesterly line of said Lot 20 North 790
38'44" East, a distance of 20.32 feet to the easterly right of
way of Ardilla Road;
Thence, along said easterly right of way South 0010'00 East,
176.69 feet to the beginning of a tangent curve, concave to the
northeast, and having a radius of 338.20 feet;
Thence, southerly and southeasterly along the arc of said curve
through a central angle of 17000'00", and an arc length of 100.35
feet;
00006,0-y
•
Thence, South 1710100" East, tangent to last mentioned curve, a
distance of 262.38 feet to the intersection of said easterly
right of way and the northwesterly line of Lot 22, Block 24 per
said Atascadero Colony;
Thence, leaving said easterly right of way along said northwest-
erly line of Lot 22 South 79036123" West, a distance of 20.14
feet to the centerline of Ardilla Road;
Thence, along said centerline South 17010100' East, 22.10 feet to
the beginning of a non-tangent curve to the left, concave to the
northeast, and having a radius of 204.80 feet;
Thence, southeasterly along the arc of said curve through a
central angle of 41051109", and an arc length of 149.60 feet to a
• 1/2" rebar tagged RCE 20244 set per survey as recorded in Book
47, Page 79 of Licensed Surveys (said County and State) ;
Thence, along the southeasterly line of Parcel 4 per said Parcel
Map AT 83-040 South 60014'15" West, a distance of 22.63 feet to a
point on the arc of a curve on the westerly right of way of
Ardilla Road, said curve concave to the northeast and having a
radius of 224.80 feet;
Thence, along said westerly right of way, northwesterly along the
arc of said curve through a central angle of 39011 '02" , and an
arc length of 153.74 feet;
Thence, North 17010100" West non-tangent to last said mentioned
curve, a distance of 281.51 feet to the beginning of a non-
tangent curve to the right, concave to the northeast and having a
radius of 378.20 feet;
000063
! .
Thence, northwesterly along the arc of said curve through a
central angle of 17000'0011, and an arc length of 112.21 feet;
Thence, continuing along the westerly right of way of Ardilla
Road North 0010100 West, 291.18 feet to a point on the southeast-
erly line of said Parcel 1;
Thence, along said southeasterly line North 60020'22" East, 22.98
feet to the POINT OF BEGINNING.
Above described parcel contains 27,578.6 square feet. Bearings
are based upon a line between two found monuments on the center-
line of Ardilla Road, calculated to be North 6018' 14" West from
data per said Book 3, Page 28 of Atascadero Colony.
See Exhibit B, as attached herewith and made a part of the de- .
scription thereof.
fF
r;
Dougl s A. Sholders, LS #5700
Lic. expires 9/30/99
0000611
CITY OF ATASCADERO Item: g _ 1
STAFF REPORT
FOR: Planning Commission Meeting Date: December 3, 1996
BY:9 oug Davidson, Senior Planner File No: RA96001
SUBJECT:
To consider a request to abandon a portion of the Ardilla Road
right-of-way.
RECONMNDATION:
Staff recommends approval of Road Abandonment 96001 based on the
Findings and Conditions as contained in attached Draft Resolution
102-96.
SITUATION AND FACTS:
1 . Applicant---------------------------------------Jim Shores
2 . Representative-------------------------------Doug Sholders
3 . Project Address-----------------------Ptn. of Ardilla Road
4 . Zoning--------------------------------------------------RS
5. General Plan Designation---------------Residential Suburban
6. Environmental Status------------------Categorically exempt
BACKGROUND:
The approval of Lot Line Adjustment 95004 became effective on
April 25, 1996. The Lot Line Adjustment includes the abandonment
of a portion of the Ardilla Road right-of-way (attachment B) .
The right-of-way has been realigned to accommodate the more
environmentally sensitive route as contained in the Negative
Declaration prepared for the construction of Ardilla Road. As a
result of the new right-of-way in this location, the lot lines of
six lots need adjusting. If a final map were to be filed, the
road abandonment could be included on the map for recording. In
this instance, however, certificates of compliance have been
prepared as the method to record this action. In this
1
000065
case, the road abandonment must be completed by a separate
resolution. All the legal descriptions necessary to complete
this lot line adjustment - certificates of compliances, offers of
dedication, slope easements, and the road abandonment - have been
approved by City (North Coast Engineering) staff and signed by
the property owners. A road abandonment resolution will conclude
the lot line adjustment and road realignment of this portion of
Ardilla Road.
ANALYSIS•
Road abandonments (vacations) are accomplished by resolution of
the City Council. The procedure is governed by the Streets and
Highways Code, under which the Planning Commission must make the
following two findings:
1 . That the abandonment is in conformance with the City' s
General Plan; and
2 . That the right-of-way is unsuited as a non-motorized
transportation facility, i.e. primarily for the use of
pedestrians, bicyclists, or equestrians; or that adequate
easements have been retained for such purposes.
These findings can clearly be made. Ardilla Road is remaining in
basically the same location - the right-of-way has been slightly
realigned to reduce the grading and tree removal associated with
construction of the road. Abandonment is the formal name for the
procedure, but in this case it is really a misnomer. The City is
not "abandoning" any right-of-way necessary as a future
circulation link or cutting off legal access to any property.
The road has been constructed to reflect the modified lot lines
and right-of-way.
Under the Streets and Highways Code, this application qualifies
as Summary Vacation (short form abandonment) as opposed to a
General (long form) procedure. If the road has not been
previously constructed and the provision of utilities is not
impacted, a Summary procedure is the proper course. This does
not require the preparation of a separate notice of intent to
abandon.
CONCLUSIONS:
The adjustment of this portion of the Ardilla Road right-of-way
will accomplish the lot line adjustment as foreseen in the
mitigation measures of the Ardilla Road Negative Declaration.
Similar actions may need to occur upon development of other
portions of the road.
2
000066
ATTACHMENTS:
Attachment A - Location Map
Attachment B - Lot Line Adjustment Map
Attachment C - Road Abandonment Detail
Attachment D - Draft Resolution 102-96
•
II
3
0000617 UUUb'7
ATTACHMENT A
( ITY_ (_)H' A'I'A((UA I)PRO LOCATION MAP (ZONING)
ROAD ABANDONMENT 96001
COMMUNITY DEVELOPMENT
DEPARTMENT
V A
R Is
IRS
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;�•, ,'� �'-i'- }-.., i ,� gyp\
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000066
�� __�.P• I ATTACHMENT B
;�•.f•• .•• q LOT LINE ADJUSTMENT 95004
(APPROVED)
COMMUNITY DEVELOPMENT
ROAD ABANDONMENT 96001
DEPARTMENT
LOY
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000069
IATTACHMENT C
H A•T'A q(_'A n F i? ) 1
_ ROAD ABANDONMENT
ROAD ABANDONMENT 96001
COMMUNITY DEVELOPMENT
DEPARTMENT
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0000,70
ATTACHMENT D
•
RESOLUTION NO. 102-96
A RESOLUTION OF THE COUNCIL OF THE CITY OF
ATASCADERO SUMMARILY VACATING A PORTION OF ARDILLA ROAD PURSUANT
TO STREET AND HIGHWAYS CODE; PART 3, PUBLIC STREETS, HIGHWAYS,
AND SERVICE EASEMENTS VACATION LAW; CHAPTER 4, SUMMARY VACATION.
(RA #96001: Shores - Ptn. Ardilla Road)
WHEREAS, Streets and Highways Code 8330 permits summary
vacation of a street right-of-way, or portion of a right-of-way,
by adoption of a resolution of summary vacation; and
WHEREAS, this portion of the Ardilla Road right-of-way, as
shown on the attached Exhibit, has been superceded by relocation
and had been impassable for vehicular travel for at least five
consecutive years and no public money was expended for its
maintenance during that time; and
WHEREAS; the vacation of this portion of the Ardilla Road
right-of-way now superceded by relocation, will not eliminate
access to any person' s property which prior to relocation
adjoined the street or highway to be vacated; and
• WHEREAS; the vacation of thisP ortion of the Ardilla Road
right-of-way will not affect any in-place, in-use public utility
facility or will not terminate a public service easement; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the subject amendment on December
3, 1996 and pursuant to Government Code 65402 has recommended to
the Council that the vacation of this portion of the Ardilla Road
right-of-way is in conformance with the General Plan; and
WHEREAS, pursuant to Streets and Highways Code 2381, the
Planning Commission has recommended to the Council that this
portion of the Ardilla Road right-of-way is not suitable or
useful as a non-motorized transportation facility, or that
adequate easements have been retained for such purposes.
THEREFORE, the Council of the City of Atascadero finds as
follows :
1 . The proposed vacation of this portion of the Ardilla
Road right-of-way, superceded by relocation, is
. consistent with the General Plan.
2 . The portion of the Ardilla Road right-of-way to be
abandoned, now super-ceded by relocation, is not
suitable as a non-motorized transportation facility.
000071
Resolution No. 102-96
Page 2 0
3 . The Council now summarily vacates, pursuant to Streets
and Highways Code, Part 3, Chapter 4, 8330, that
portion of the Ardilla Road right-of.-way shown on the
attached Exhibit subject upon the property owner
agreeing to indemnify and "hold harmless" the City from
claims that may arise from the abandonment procedure.
This agreement shall be reviewed and found acceptable
to the City Attorney prior to recording of the
abandonment Resolution and associated documents .
4 . That from and after the date this resolution is
recorded with the County Recorded, the portion of
Ardilla Road shown on the attached Exhibit shall no
longer constitute a street right-of-way.
5. The City Clerk shall cause a certified copy of this
Resolution of Summary Vacation, attested by his or her
seal, to be recorded without acknowledgment or further
proof in the office of County Recorder.
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
GEORGE P. HIGHLAND, Mayor
ATTEST:
CINDY HOLTON, Deputy City Clerk
00007`'
ti
Resolution No. 102-96
Page 3
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DECAMP, Acting Community Development Director
•
0000'73
EXHIBIT A
H RESOLUTION 102-96( TINO �
-SC`'.tiscv,�R COMMUNITY DEVELOPMENT
DEPARTMENT
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0000,74
MINUTES EXCERPTS
CITY OF ATASCADERO
_PLANNING COMMISSION
12/03/96
ACTION MINUTES
SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS
1. ROAD ABANDONMENT 96001:
Consider the application of Jim Shores (Sholders
Surveys) to abandon a portion of the Ardilla Road
right-of-way.
STAFF RECOMMENDATION: (Doug Davidson)
The Planning Commission should recommend the following action for
City Council consideration:
1 . That Road Abandonment 96001 be approved based on the Findings
and Conditions as contained in Resolution 102-96.
Doug Davidson provided the staff report. There were no questions
from the Planning Commission.
TESTIMONY: None
ACTION: Recommend approval to the City Council of Road
Abandonment 96001 as contained in Resolution 102-96.
Motion: Johnson
Second: Wallace
AYES : Johnson, Wallace, Hageman, Zimmerman, Bowen, Sauter,
Edwards
NOES: None
ABSENT: None
MOTION PASSED: 7:0
2 . RESOLUTION NO. 1-96:
Planning Commission Rules of Procedures . Discuss ' ,
evision and adoption.
STAFF RECOMMENDA (Steven DeCamp)
Staff recommends that the ning Co ssion:
1 . Adopt Resolution 1-96 .
Steve Decamp provi the staff report, explai that this item
was being bro back before the Commission to p 'de an addi-
tional o tunity to discuss the rules or to make other
chan that might be appropriate. Steve pointed out that o of
-3-
0000"75
MEETiq914/97 AGENDA—11
DaCf .�.._...,,_,.. lfEMI
DWT #2
(12/5/96)
JOINT RESOLUTION BETWEEN
THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNT
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
THE CITY COUNCIL OF THE CITY OF ATASCADERO
THE CITY COUNCIL OF THE CITY OF GROVER BEACH
THE CITY COUNCIL OF THE CITY OF MORRO BAY
THE CITY COUNCIL OF THE CITY OF PASO ROBLES
THE CITY COUNCIL OF THE CITY OF PISMO BEACH
THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ARROYO GRANDE RES. NO.
IN RE: ) ATASCADERO RES. NO. 08_97
GROVER BEACH RES. NO.
MORRO BAY RES. NO
RESOLUTION IN SUPPORT OF THE ECONOMIC ) PASO ROBLES RES. NO.
VITALITY CORPORATION OF SAN LUIS OBISPO ) PISMO BEACH 3 RES. N0.
COUNTY ) SAN LUIS OBISPO RES. N0.
SAN LUIS OBISPO COUNTY RES. NO.
)
WHEREAS, THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS ANDTHE CITY COUNCILS
OF ARROYO GRANDE, ATASCADERO, GROVER BEACH, MORRO BAY, PASO ROBLES, PISMO BEACH AND
SAN LUIS OBISPO support the Economic Vitality Corporation of San Luis Obispo County,
Inc, in the. Central Coast region of California whose boundaries will be encompassed by
San Luis Obispo County;
WHEREAS, San Luis Obispo County and the incorporated municip$lities agree to the
support of a broad based institution devoted to advancing the econojnic development of
the multi-jurisdicational area; and
WHEREAS, San Luis Obispo County and the incorporated municipalities agree to
work cooperatively to expand and diversify the economy in San Luis Pbispo County and
to encourage and coordinate public and private investment for the creation of new
wealth and the generation of long term employment; and,
WHEREAS, the San Luis Obispo County Board of Supervisors andincorporated
i
municipalities have recognized the appropriateness of the county anti the incorporated
I
0000,76
DRAFT #2
(12/5/96)
cities to form a regional. Economic Development Corporation and to administer such a
Corporation in order to provide a basis for improved coordination and continuity of
federal, state and local activities relating to countywide economic development; and,
WHEREAS, San Luis Obispo County has designated the Economic Vitality Corporation
as a U.S. Department of Housing and Urban Development "Subrecepient" charged with
administering a Countywide revolving loan fund with primary lead responsibility to
conduct economic development activities that will benefit low and moderate income
residents of the County of San Luis Obispo; and,
WHEREAS, the Economic Development Administration (EDA) has authorized San Luis
Obispo County and. the incorporated cities to pursue United States Department of
Commerce grants and loans eligible through the submission of annual Overall Economic
Development Plan (OEPD) ; and,
WHEREAS, the Economic Vitality Corporation is charged with the mission "to
stimulate the economic vitality of San Luis Obispo County, generate jobs and increase
financial investment within tho County by promoting tho retention, expansion and
attraction of business and industry to the area";
NOW, THEREFORE BE IT RESOLVED, that the San Luis Obispo County Board of
Supervisors and the city councils of Arroyo Grande, Atascadero, Grover Beach, Morro
Bay, Paso Robles, Pismo Beach and San Luis Obispo support the Economic, Vitality
Corporation (EVC) composed of the aforementioned government entities and the private
sector;
BE IT FURTHER RESOLVED, that the San Luis Obispo Board of. Supervisors and the
city councils of the incorporated cities pledge to support the EVC through:
appointments and participation on the Board of Directors; annual financial
contributions for a period of not less than three years; and, that the San Luis Obispo
County Board of Supervisors shall designate the newly created Economic Vitality
Corporation of San Luis Obispo County to serve as the coordinating agent for the San
Luis Obispo County Overall Economic Development Plan.
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2
0000'7'7
DRAFT #2
(12/5/96)
PASSED AND ADOPTED by the San Luis Obispo Board of Supervisors on this _day of
199 by the following vote:
AYES: Supervisors ,
NOES:
ABSENT:
PASSED AND ADOPTED by the City Council of Arroyo Grande on this day of
199 by the following vote:
AYES: Councilpersons: ,
NOES:
ABSENT:
PASSED AND ADOPTED by the City Council of Atascadero on this _day of 199_
by the following vote:
AYES: Councilpersons: ,
i NOES:
ABSENT:
PASSED AND ADOPTED by the City Council of Grover Beach on this day of ,
199 by the following vote:
AYES: Councilpersons:
NOES:
ABSENT:
PASSED AND ADOPTED by the City Council of Morro Bay on this _day of 199_
by the following vote:
AYES: Councilpersons:
NOES:
ABSENT:
PASSED AND ADOPTED by the City Council of Paso Robles on this day of
• 199_ by the following vote:
AYES: Councilpersons:
3
000 i s
DRAFT #2
(12/5/96)
NOES:
ABSENT:
PASSED AND ADOPTED by the City Council of Pismo Beach on this _day of ,
199 by the following vote:
AYES: Councilpersons:
NOES:
ABSENT:
PASSED AND ADOPTED by the .City Council of San Luis Obispo on this _day of ,
199 by the following vote:
AYES: Councilpersons: ,
NOES:
ABSENT:
•
4
0000,79
DRAFT #2
(12/5/96)
COUNTY OF SAN LUIS OBISPO
Chairman
CITY OF ARROYO GRANDE CITY OF ATASCADERO
Mayor Mayor
CTTY OF GROVER REACH CTTY OF MORRO RAY
Mayor Mayor
CITY OF PASO ROBLES CITY OF PISMO BEACH
Mayor Mayor
CITY OF SAN LUIS OBISPO
Mayor
ATTEST:
Clerk of the San Luis Obispo
Board of Supervisors
Clerk Clerk
City Council City Council
Arroyo Grande Atascadero
Clerk Clerk
City Council City Council
Grover Beach Morro Bay
Clerk Clerk
City Council City Council
Paso Robles Pismo Beach
Clerk
. City Council
San Luis Obispo
5
000080
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REPORT TO CITY COUNCIL Meeting Date: 1/14/97
CITY OF ATASCADERO Agenda Item: C-2
a
Through- Andrew J. Takata, City Manager �
Via: - Steven L. DeCamp, Acting Community Development Director
From: Kelly Heffernon, Administrative Analyst
SUBJECT: Annexation of the Atascadero State Hospital property, Paloma Creek
Park, Chalk Mountain Golf Course and Heilmann IPark to the City of
Atascadero
RECOMMENDATION: Adopt Resolution No. 04-97 requesting the Local Agency
Formation Commission (LAFCO) to undertake proceedings
for the annexation of the "Southeast Atascadero Public
Lands" to the City of Atascadero
BACKGROUND:
At the time of Atascadero's incorporation and LAFCO's evaluation of the boundaries
for the city, it was recommended that the State Hospital be included in the city Limits.
However, for reasons that are unclear at this time, this was not pursued. Efforts
have been made since then to annex the property but to date, tho process has yet to
be completed. The most recent action taken.to annex the property was in December
1995 when the City requested LAFCO to consider waiving jthe application fee
($10,000). On January 18 1996, LAFCO considered the request Ond allowed the city
to pay the annexation fees over a three year timeframe. In M�y of 1996, LAFCO
reduced the cost per acre of the annexation fees from $100 per afire to $1 (the entire
subject property is approximately 888 acres).
Over the past several years, the City has been negotiating with the State Hospital to
determine how the services would be handled in the event anrhexation took place.
Both parties have now come to a consensus (see attachment Ai- Services Plan).
DISCUSSION:
From a community planning perspective, annexation of these; public lands would
implement LAFCO's adopted Sphere of Influence Study by incl ding the area lying
between the city limits and the Salinas River and Santa B�rbara Road that is
designated as being within both the city's Sphere of Influence and Sphere of Services
(see Attachment B for map). The City's 1992 General Plan Land'Use Element shows
the Urban Services Line equal with the Urban Reserve Line following the river (see
Attachment C for map). In addition, the County's Salinas River Area Plan also
designates the Atascadero State Hospital and adjoining public uses as ultimately being
within the city limits. Therefore, annexation of the subject Oroperties would be
consistent with existing State, county and city plans.
1
000081
Advantages for annexing this overall area include:
1. Logical Boundary.
The proposed annexation would round the city limits in a logical manner , as
was the intent during incorporation in 1979, and provide a boundary that is
equal with the Salinas River for the full length of the city. In addition, the
perception of most city residents is that the land is already within the
community.
2. Paloma Creek Park Safety.
Annexation would facilitate more effective police and fire (including
paramedics) response to calls for assistance at the Park;which is located on
land owned by the State, leased from the County, run by the City, but not
within the existing city limits. Again, the perception of most residents is that
this city facility is served by all city tax-supported services.
3. Revenues:
Annexation would add the population of the State Hospital to that of the city
for purposes of establishing current population levels and hence, per capita
subvention monies from the State. This would add almost a thousand persons
to the city's population of approximately 24,750.
FISCAL IMPACT:
Costs: LAFCO requires an annexation processing fee of $3,788 and an environmental
review fee of $350, which totals $4,138. Payments are to be made annually over a
three year time_period. In addition, the County Department of Planning and Building
charges a flat $500 application fee. Hence, the total cost to file the application is
$4,638.
There will be other costs incurred by the city for providing services as outlined in the
attached Services Plan. The exact amount of those costs is unclear at this time.
Revenues: With the Hospital's current population, the city could expect to receive an
additional allocation of State subvention funds amounting to about $60,000 annually.
The city would also earn sales tax revenues from the Chalk Mountain Golf Course.
Encl: Resolution No. 04-97
Attachment A: Services Plan
Attachment B: Map of Sphere of Service and Sphere of Influence
Attachment C: Site Plan - Land Use Element
2
00006:2
RESOLUTION NO. 04-97
A RESOLUTION OF APPLICATION BY THE CITY OF ATASCADERO REQUESTING
THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR
THE ANNEXATION OF TERRITORY TO THE CITY OF ATASCADERO
DESIGNATED AS THE "SOUTHEAST ATASCADERO PUBLIC LANDS
ANNEXATION"
WHEREAS,the City of Atascadero desires to initiate proceedings pursuant to the
Cortese-Knox Local Government Reorganization Act of 1985, commencing with Section 56000
of the California Government Code, for the annexation of the Atascadero State Hospital, Paloma
Creek Park, Chalk Mountain Golf Course, and Heilmann Park to the City of Atascadero; and
WHEREAS, notice of intent to adapt this resolution of application has been given to each
interested and each subject agency; and
WHEREAS,the territory proposed to be annexed is inhabited, and a description of the
boundaries of the territory is set forth in Exhibit"A, attached hereto and by this reference
incorporated herein; and
. WHEREAS, this proposal is consistent with the Sphere of Service and Sphere of
Influence adopted by the Local Agency Formation Commission in their August 1984 Sphere of
Influence Study; and
WHEREAS,this site is adjacent to the City of Atascadero and extension of the City
boundaries to include these public uses is consistent with the provisions of the Municipal
Organization Act (MORGA) and is recommended in the Atascadero General Plan Land Use
Element; and the City, County and the State would all benefit from said annexation;
NOW THEREFORE,be it resolved by the City Council of the City of Atascadero that
this Resolution of Application is hereby adopted by the City Council, and the Local Agency
Formation Commission of San Luis Obispo County is hereby requested to take proceedings for
the annexation of territory as described in Exhibit"A" and according to the terms and conditions
stated above and in the manner provided by the Cortese-Knox Local Government Reorganization
Act of 1985.
On motion by , and seconded by , the foregoing
resolution is hereby adopted in its entirety on the following roll call vote:
•
000083
Resolution No. 04-97
Page 2
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By: Ray Johnson, Mayor
ATTEST:
MARCIA M. TORGERSON, City Clerk •
APPROVED AS TO CONTENT:
ANDREW J. TAKATA, City Manager
APPROVED AS TO FORM:
ROY HANLEY, City Attorney
PARED BY:
PRE i
STEVEN L. DECAMP, Acting Community Development Director
0000811
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EXHIBIT A
Being a portion of Lots 3 and 4 of George Story's subdivision in
Block 7 of Rancho Atascadero along with Lots 5, 6, 7, and 8 of
Eaglet No. 2 as shown on map recorded in Map Book 2 at Page 38,
along with Lots 11, 12, 13, 19, 20, 21, 22, 23, and 24 of A.D.S.
Addition No. 1 as shown on map recorded in Map Book 5 at Page 24,
along with Lots 2, 3, 4, 5, 8, 9, and a portion of Lots 6 and 7 of
Tract No. 5 as shown on map recorded in Map Book 5 at Page 1, along
with Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 in Block 67 of
Atascadero Colony as shown on Map recorded in Map Book 3AC at Page
99A, in the County of San Luis Obispo, State of California, being
more particularly described as follows:
Commencing at the Northwest corner of Lot 1 in Block 1 of Eaglet
No. 2 as shown on said map;
thence along the Northeast line of said Block 1 South 36° 10100"
East 337. 50 feet to that parcel of land described in deed recorded
October 26, 1946 in Book 424, Page 315 of Official Records of said
County being also the TRUE POINT OF BEGINNING;
thence along the northeast line of said Block 1 South 36° 10100"
East 1867 feet to the southeast corner of Lot 10 of said block;
thence along the south line of said Block the following courses:
North 87°50100" West 100.00 feet,
South 69°23100" West 320.80 feet,
South 79°00100" West 200.00 feet,
South 66°15100" West 274.90 feet to the southwest corner of
Lot 6 of said Block at the centerline of E1 Corte Road;
thence along said centerline South 21'00 '00" East 81.60 feet to the
southeast corner of Lot 4B of Block 5 of said Eaglet No.2 at the
centerline of La Linia Avenue per said map;
thence along said centerline South 88°40100" East 150.60 feet to
the beginning of a tangent curve concave to the southeast and
having a radius of 150.00 feet;
thence along said centerline and curve, being also the northwest
line of lot 11 of said A.D.S. Addition No. l westerly and i
southwesterly 134 .82 feet through a central angle of 51°30100111
thence South 39°50100" West 20. 50 feet to the beginning of a
tangent curve concave to the northwest and having a radius of
160. 00 feet;
000085
thence along said curve southwesterly 42.32 feet through a central
angle of 15°09130" to the northwest corner of said Lot 11 at the
centerline Pino Solo Avenue;
thence along said centerline SOUTH 687.48 feet to the southwest
corner of Lot 13 per said map;
thence along the south line of said lot EAST 468.66 feet to the
southeast corner of said lot at the centerline of a 16 foot wide
Alley;
I
thence along the centerline of said Alley SOUTH 883.38 feet to the
southwest corner of Lot 19 at the centerline of Las Lomas Avenue
per said map;
thence along said centerline North 44038100" East 140.51 feet to i
the beginning of a tangent curve concave to the southeast and south
and having a radius of 277.90 feet;
thence along said curve northeasterly and easterly 194.01 feet
through a central angle of 40°00100";
thence North 84'38100" East 300.00 feet to the southeast corner of
said lot at the centerline of El Bordo;
thence continuing along the centerline of Las Lomas Avenue North
86°09100" East 180.06 feet to the northwest corner of Lot 2 of said
Tract No. 5;
thence along the west line of said lot South 5°22100" East 244.79
feet to the southwest corner of said lot;
thence along the south line of said lot North 84°38100" East 181. 00
feet to the southeast corner of said lot;
thence along the east line of said lot North 5"22100" West 13 .92
feet to the northwest corner of Lot 12 per said map;
thence along the north line of said lot North 84°38 '00" East 195.15
feet to the northeast corner of said lot;
thence along the east line of said lot South 5°22100" East 1.37
feet to the southwest corner of Lot 4 per said map;
thence along the south line of said lot North 84°38100" East 215.17
feet to the southeast corner of said lot;
thence along the east line of said lot North 5°22100" West 6.46
feet to the southwest corner of lot 5 per said map;
thence along the south line of said lot South 80°07 '00" East 246. 63
feet to the southeast corner of said lot;
thence South 80°07 '00" East 153 . 11 feet to a point 136.90 feet from
000086
I
the centerline of Las Lomas Avenue along the line separating Lots
• 5 and 6 per Grant Deed as recorded in book 1992, page 934 of
Official Records of said county;
thence South 64°59138" East 179.01 feet to the northerly corner
common to Lots 8 and 9 per said deed;
thence along the northwest line of lot 9 of said Tract No. 5 South
50034100" West 158.02 feet to the west corner of said lot at the j
centerline of E1 Dorado Avenue;
I
thence along said centerline South 29°28100" East 269.50 feet to
the south corner of said lot at the centerline of El Bordo Avenue;
thence along said centerline South 55023139" West 746.72 feet per
book 34, page 14 of Record of Surveys of said county, to the north
corner Lot 1, Block 7 at the centerline of a 40 foot wide un-named
Road per Map of said Eaglet No.2;
thence along said centerline South 34034100" East 1200.00 feet to
the north corner of Lot 5 of said Block 7 at the centerline of a
30 foot wide un-named Road;
thence along said centerline South 55°26100" West 1437.00 feet to
the west corner of said lot at the northeast right of way of E1
Camino Real as shown on the V-S.L.O.-2-C State Highway Right of Way
Map dated November, 1930;
thence along said northeast right of way South 34'34100" East
1200. 00 feet to the west corner of Lot 9 of said Block 7;
thence along the northwest line of said lot North 55'26100" East
1437 . 00 feet to the north corner of said lot at the centerline of
said un-named 40 foot wide road;
thence along said centerline South 34°34100" East 600.00 feet to
the east corner of Lot 10 of said block;
thence continuing along said centerline South 34°34100" East 600.00
feet to an iron pipe, being the point of beginning for the parcel
described as SECOND per Deed recorded in book 11, page 132 of
Official Records of said county;
thence along the boundary of said parcel South 34°24100" East
1010. 00 feet to a fenceline;
thence continuing along the boundary of said parcel the following
courses:
South 6°54100" East 241. 60 feet;
North 89°46100" West 224.20 feet;
South 49°29100" West 46.30 feet to the north line of the
Atascadero Colony as shown on Map Book 3AC at Page 99A;
thence along said north line of the Atascadero Colony
0000bI7
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South 89°43100" East 231.00 feet to the north corner of Lot 11,
Block 67 of said map; .
thence along the northwest line of said lot South 51°11'00" West
780.86 feet to the west corner of said lot at the centerline of
Viejo Camino at the beginning of a non-tangent curve concave to the
southwest having a radius of 1000.00 feet; A radial bearing to said
point bears North 56°14100" East;
thence along said centerline and curve southeasterly 422.07 feet
through a central angle of 24° 10158";
i
thence continuing along said centerline South 32"03100" East
1019.85 feet to the south corner of Lot 7 of said Block 67 at the
centerline of Halcon Road;
thence along said centerline North 57°57100" East 34.61 feet to the
beginning of a tangent curve concave to the northwest and west and
having a radius of 179.20 feet;
thence along said centerline and curve northeasterly and easterly j
174.94 feet through a central angle of 55°56100" ;
thence along said centerline North 2°01'00" East 124.42 feet to the
beginning of a tangent curve concave to the east and having a
radius of 1432 .50 feet;
thence along said centerline and curve northerly 205.85 feet i
through a central angle of 8°14100" ;
thence along said centerline the following courses:
North 10°15100" East 374.89 feet;
North 28° 15100" East 309. 15 feet;
North 14°41100" East 144 . 00 feet;
North 04°41' 00" East 379.31 feet to a point on said north line
of the Atascadero Colony;
thence continuing along said centerline the following courses per
Grant Deed recorded in book 1816, page 929 of Official Records of
said county:
North 0°58100" East 415.99 feet;
North 38°06100" East 83 . 59 feet;
North 67"49100" East 217.43 feet;
North 54°59100" East 303 .51 feet; !
North 44°34100" East 183 .95 feet;
North 26033100" East 461.81 feet;
North 47°21100" East 234.87 feet;
North 38`40' 00" East 324.04 feet more or less to the southwest
right of way line of the Southern Pacific Railroad Company as
delineated in the description of Parcel 1 per Deed recorded in book
510, page 352 of Official Records of said county;
thence following said railroad right of way southeasterly along a
compound curve concave to the northeast (the tangent of said curve
000088
I
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at it's point of beginning bears North 40°37143" West) having the
following radii, central angles and arc lengths:
Radius Central Angle Arc Length
2939.83 feet 0°21118" 18.21 feet
3379.08 feet 0°31130" 30.69 feet
3894.75 feet 0°27100" 30.59 feet
4658. 68 feet 0022130" 30.49 feet
5804.60 feet 0018 '00" 30.39 feet
7714.45 feet 0°13130" 30.29 feet
11534. 17 feet 0009 '00" 30.20 feet
22993 .33 feet 0004130" 30.10 feet
i
to the EC at Engineer Station 7780+30;
thence continuing along said railroad right of way the following
courses:
South 43005115" East 840.00 feet,
North 46054145" East 50.00 feet to that portion of the
railroad right of way as described FIRSTLY and THIRDLY per Deed as
recorded in book 35, page 578 of Deeds of said county;
thence along said railroad right of way South 43 °05 ' 15'1 East 149.70
feet to the beginning of a tangent compound curve concave to the
southwest at Engineer Station 7790+19.7;
thence southeasterly and southerly along said right of way and
curve having the following radii, central angles and arc lengths:
Radius Central Angle Arc Length
11434.19 feet 0009 '00" 29.93 feet
5704 . 60 feet 0'18 '00" 29.87 feet
3794 .75 feet 0"27100" 29.80 feet
2839.83 feet 0"36100" 29.74 feet
2266.88 feet 0"45100" 29.67 feet
1884 .92 feet 0'54100" 29.61 feet
1612 . 09 feet 1°03100" 29.54 feet
1407.47 feet 1012100" 29.47 feet
1248 . 32 feet 1°21100" 29.41 feet. i
1121.01 feet 1°30100" 29.34 feet
1016.84 feet 1°39100" 29.28 feet
930. 04 feet 6°36100" 107.13 feet j .
1016.84 feet 1°39100" 29.28 feet
1121.01 feet 1"30100" 29.35 feet.
1248. 32 feet 1°21100" 29.41 feet i
1407.47 feet 1°12100" 29.48 feet
1612 . 09 feet 1'03100" 29.54 feet
1884.91 feet 0°54100" 29. 61 feet
2266.88 feet 0°45100" 29. 67 feet
2839 .82 feet 0"36100" 29.74 feet
3794 .75 feet 0°27100" 29.80 feet
5704 . 60 feet 0018 '00" 29.87 feet
11434 . 19 feet 0°04110" 13 .88 feet
i
000089
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to the east line of the Rancho Atascadero as surveyed and platted
by G.L.O. Deputy Surveyor Brice M. Henry in June, 1858;
thence along said rancho line North 0°11100" East 2104.49 feet to
"E.I. 100" per map recorded in book A, page 1 of Maps of said
county; j
I
thence along the west boundary of said map the following courses:
North 31°19100" West 2112.00 feet to "E.I. 125"; j
North 09904100" West 2980.56 feet to "E.I.115";
North 57019100" West 2774.09 feet to an intersection with the
northeast extension of the southeast boundary of the Atascadero
County Sanitation District disposal facilities as described in
Exhibit "A" as recorded in book 2416, page 598 of Official Records
of said county; _
thence along said southeast boundary and extension thereof South
27"21100" West 1389.17 feet to the east line of the Southern
Pacific Railroad Company right of way as delineated in the
description of Parcel 3 per Deed recorded in book 510, page 360 of
Official Records of said county;
thence along said railroad right of way North 62°21100" West 229.30
feet to the beginning of a tangent compound curve concave to the
northeast and east, at engineer station 7708+09.2 ; i
thence northwesterly and westerly along said railroad right of way
and curve having the following radii, central angles and arc
lengths as delineated in the description of Parcels 2 and 3 per
said deed and the parcel described THIRD per deed recorded in book
40, page 409 of Deeds of said county:
Radius Central Angle Arc Length
22893 .45 feet 0"04130" 29.97 feet
11434. 17 feet 0'09 '00" 29.94 feet
7614 .45 feet 0'13130" 29.90 feet
5704. 60 feet 0° 18 ' 00" 29.87 feet
4558. 69 feet 0'22130" 29.84 feet
3794.75 feet 0°27100" 29.80 feet
3249. 08 feet 0°31130" 29.77 feet
2839.83 feet 0°36100" 29.74 feet
2521.52 feet 0°40130" 29.71 feet
2266. 88 feet 0°45100" 29.67 feet
2058.53 feet 0°49130" 29.64 feet
1884.91 feet 32°58100" 1084.54 feet
2058. 53 feet 0049130" 29.64 feet
2266.88 feet 0°45100" 29.67 feet
2521.52 feet 0°40130" 29.71 feet 1
2839.83 feet 0°36100" 29.74 feet
3249.08 feet 0°31130" 29.77 feet
3794 .75 feet 0°27100" 29.80 feet
4558. 69 feet 0°22130" 29.84 feet
5704. 60 feet 0°18 ' 00" 29.87 feet >
7614 .45 feet 0' 13130" 29.90 feet
000090
11434.17 feet 0109 '00" 29.94 feet
22893 .45 feet 0"04130" 29.97 feet
to the end of said curve at engineer station 7687+16. 6;
thence continuing along said railroad right of way as delineated in
the description of Parcel 2 per said deed recorded in book 510,
page 360 of Official Records and as described SECOND in said deed
recorded in book 40, page 409 of Deeds, North 19°29100" West i
1262.53 feet to its intersection with an extension of the line
described in deed recorded in Book 424, Page 315 of Official
Records;
thence South 39°22 '00" West 1899.92 feet, more or less, to the TRUE
POINT OF BEGINNING.
' I
Contains 888 Acres.
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Alan L. Volbrecht L.S. 5201 (exp. 6-30-95)
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000091
ATTACHMENT A
SERVICES PLAN
SOUTHEAST ATASCADERO PUBLIC LAND ANNEXATION
The following summarizes how various urban services are presently provided together with the
opportunities that annexation invites for efficiencies.
1. WATER:
The city provides irrigation water for Chalk Mountain Golf Course. The Atascadero
Mutual Water Company provides for Heilmann Park, and Paloma Creek Park. The
Atascadero State Hospital has its own wells. During emergencies, the Mutual Water
Company and Atascadero State Hospital cooperate.
2. SEWER:
City sewer serves the Paloma Creek Park, one restroom on the Chalk Mountain Golf
Course, the Golf Course Club House, and a restroom and maintenance building at
Heilmann Park. The Atascadero State Hospital has its own sewer plant. The City would
like to be able to run a gravity flow line from the south part of the city across hospital
property to the sewage treatment plant on the other side of the railroad tracks. The
Hospital is interested in the possibility of using reclaimed water to irrigate the farm .
adjacent to the city's wastewater treatment facility, subject to negotiations with the lessee.
3. STREETS:
All of the streets serving the four public properties are the responsibility of the City of
Atascadero. Recently, El Camino Real in front of the State Hospital was improved by the
city with the State contributing $150,000. The State Hospital funded a traffic study
showing that the intersection warrants a traffic signal, which was installed June of 1996.
4. RECREATION:
The city is interested in negotiating with the State Hospital to acquire Paloma Creek Park
in fee, or to significantly extend the lease, together with possibly adding adjacent acreage
for park expansion. The city agrees to maintain such area in permanent open space uses
as part of the Atascadero State Hospital's land use buffer strategy.
5. POLICE PROTECTION:
Atascadero State Hospital has its own police organization with the capability to continue
to provide all necessary criminal and traffic-related investigations and services. In keeping
with this, the City Police Department will not conduct any investigations at Atascadero
State Hospital, but sill be available for emergency mutual aid assistance. At the present
time, the County Sheriffs Office is responsible for the provision of law enforcement
services at Chalk Mountain Golf Course, Heilmann Park and Paloma Creek Park. Upon
annexation, city police services would replace those of the County Sheriff. .
000092
• 6. FIRE PROTECTION:
The California Department of Forestry is responsible for fire protection for the four public
sites. However, there is a mutual aid agreement with Atascadero and the State Hospital
Fire Departments. Upon annexation, fire protection responsibilities for the recreation sites
would be the obligation of the Atascadero Fire Department. Atascadero State Hospital
would continue to provide its own fire protection services unless increased city services
were negotiated with the city.
000093
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REPORT TO CITY COUNCIL: ITEM: ! C-3
DATE: 1/14/97
FROM: BRADY CHERRY, DIRECTOR OF COMMUNITY'SERVICES
THROUGH: ANDREW J. TAKATA, CITY MANAGER
SUBJECT:
LEASE OF THE ATASCADERO YOUTH RECREATION CENTER BUILDING ON
FRIDAY NIGHTS TO SPOTLIGHT MINISTRIES
RECOA04ENDATION
Recommend adoption of Resolution# 01-97, approving a lease between the City of
Atascadero and Spotlight Ministries, for the use of the Atascadero Youth Recreation
Center on Friday nights to conduct a Teen Drop-in Recreation Program.
DISCUSSION:
As you may be aware, Spotlight Ministries conducted a Variety Night for teens at the
Youth Center during the past year. This "drop-in" program is a Oon-religious event
provided as an alternative for teens on Friday nights from 6:00 uhtil 10:00 p.m.,
throughout most of the year.
This past year Variety Night had an average attendance of over 100 children per
night, with an average of 25 adult volunteers. This free program,, coordinated by
Delinda Madero and Sue Guerrero, provides kids with a place to uang-out an meet
with their friends. The program is well supervised and many org4n.ized activities are
provided. Some of the activities include, live music, drama, dancj and games. A
snack bar is also provided. The program has been extremely successful and the
Program Coordinators have requested an additional years rental Of the Youth Center.
Spotlight Ministries and the City of Atascadero Community Services Department
share a common goal of providing positive, supervised activities fpr the your of our
community. As the City is not currently able to conduct such an activity on our own,
we feel that Spotlight Ministries Variety Night program is a good partnership and is in
keeping with the intended purpose of the Youth Center. In addition, Spotlight
Ministries has provided assistance in completing several minor building
improvements, have complied with all of our requests and has proven to be a very
reliable tenant. As such, we recommend that they be allowed to continue use of the
Youth Center under the terms of the attached lease.
On Thursday, October 17, 1996, the Atascadero Parks and Recreation Commission
voted unanimously to recommend approval of this lease arrangement.
FINANCIAL IMPACTS
Spotlight Ministries will be responsible to pay the City $75.00 pet month which will
pay for the utility costs in proportion to the time and amount of 4pace leased.
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RESOLUTION NUMBER 01-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
SPOTLIGHT MINISTRIES OF ATASCADERO
FOR
LLEASE OF THE ATASCADERO YOUTH RECREATION CENTER BUILDING
ON FRIDAY EVENINGS
JANUARY, 1997 - DECEMBER, 1997
The City Council of the City of Atascadero, California, hereby
resolves as follows:
1. The Mayor is hereby authorized to execute an agreement
with Spotlight Ministries of Atascadero for Lease of the
Atascadero Youth Recreation Center Building.
2 . The City Manager is hereby authorized to make minor
corrections or modifications of a mathematical or
clerical nature.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Atascadero, held on the 14th of January, 1996.
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON, City Clerk RAY JOHNSON, Mayor
APPROVED AS TO FORM:
ROY HANLEY, City Attorney
000096' a
LEASE AGREEMENT
This Lease Agreement is: made and entered into this date 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 DeLinda
Madero coordinator of Spotlight Ministries/Friday Variety Night, a youlb outreach program,
hereinafter referred to as "Tenant."
1. PARTIES
1.1 Landlord
1.1.1 The Landlord is the City of Atascadero, Califomia,whose mailing address
and physical address for notice under the terms of this Agreement 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 Spotlight Ministries/Friday Variety Night, whose mailing
address and physical address for notice under the terms of this Agreementis as follows:
Spotlight Ministries/Friday Variety Night
P.O. Box 946
Atascadero, CA 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 A attached hereto, and which is hereby
incorporated rp herein. Unless the context otherwise requires, such terms shall 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 g
ingress and egress as
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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.
1
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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 1. 1997. Subject to extension or sooner
termination as hereinafter provided, this Lease shall continue until October 31. 1997.
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 monthly rent shall be due and payable
on the 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 "E::hibit 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.
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 payment or returned check, including processing and
accounting charges 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%a) until paid in full.
5. INTENTION OF PARTIES: NEGATION OF PARTNERSHIP
Nothing in this Lease-is intended and no provision of this Lease shall be construed to
make Landlord a partner of or a joint venturer with Tenant, or associated in any other way with
Tenant in the operation of 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.
2
0000 6 , 4�-
6. PROPERTY TAXES AND ASSESSMENTS
6.1 Personal Pr orty Taxes
Tenant shall pay, before delinquency, all taxes assessed against any Personal
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 property taxes over taxes paid m 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.
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 the 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
3
000096,
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.
7. LANDLORD'S MANAGEMENT OF BUILDING
7.1 Management of Building
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 and 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 to 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 night 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 termhereof.
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 cancellation of or an increase in the
premium for any 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, .
4
000096, -7
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 Comoliance with Law. Tenant shall at Tenant's sale 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.
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 for 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.
5
00009611Y
11. TENANT'S PERSONAL PROPERTY
11.1 Installation of Property
t
Landlord shall have no interest in any removable equipment, furniture or trade .
fixtures owned by Tenant or installed in or upon the Ieasedpremises 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 inwhich they are situated. Prior to creating or
permitting the creation of any lien or security or reversionary interest in any removal 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 good 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 Removal of Personal Property
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 owned 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 dayof the lease term, and Tenant 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.
6
000096, 14
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.
9.2.3 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 al 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.
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 for 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.
5
0000961Y
11. TENANT'S PERSONAL PROPERTY
11.1 Installation of Property r
Landlord shall have no interest in any removable equipment, furniture or trade t N
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 any removal 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 good 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 Removal of Personal Property
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 owned 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 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 leasedpremises, 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
equipment conditioninga ui ment installed by Tenant in or upon the leased premivntilatin ses.
6
B. To notify Landlord promptly of any damage to the leased premises or the
building in which they are situated resulting from or 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.
13. INDEMNITY AND INSURANCE
13.1 Indemnification 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
by the breach by Landlord of a duty imposed by law or under this Lease. Tenant hereby waives
all claims against Landlord for, and agrees 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
throughout 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
occurring in or about the leased premises, of the types and initially with the limits of liability
specified in the Basic Provisions. Such policies shall insure the contingent liability of Landlord
and the performance by Tenant of its indemnity obligations under this Lease. Landlord shall
be named as an additional insured 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
amount of its insurance coverage with Landlord every three (3) years to the end that the
protection coverage afforded thereby shall be 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 three (3) year period, then the amount of coverage
000096, 1�7
to be provided by Tenant's carrier shall be adjusted to the-amounts of coverage recommended
in writing by an insurance broker selected by Landlord.
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 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.
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 improvements of which the premises are a part
unless notice of termination is given by Landlord to Tenant, or by Tenant to Landlord as
provided 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.
8
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 of
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.
14.2:3 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 Insolvency of Tenant
If during the term of this Lease (a) the Tenant shall make an assignment for the
benefit of creditors; or (b) a voluntary or involuntary petition shall be filed by or against the
Tenant under the law having for its purpose the adjudication of the Tenant as bankrupt, or the
extension of time of payment, composition, 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.
9
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 notice thereof by the Landlord, 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.
16.4 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 default 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 remove all persons and property from the premises.
16.5 Landlord's Damages
If Tenant 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 the 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
10
000096J3
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 (h) 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.
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.
II
I1 I
000096,
�I
20. SIGNS ADVERTISING
Tenant shall 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 displayed by
Tenant on any part of the building or the windows of the leased premises, or upon or about the
exterior of the leased premises.
21. LANDLORD'S ENTRY ON PREMISES
21.1 Right of Entry
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 Lease;
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 provided
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 about 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 any adjacent property or area;
21.1.5 To gather information including measurement, prepare floor plans,
etc. for the purpose of performing architectural design work for the remodeling and/or
rehabilitation of the building and premises.
21.2 Exercise of Richt
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.
12
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
consummat.on 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 (110) 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 therefrom, as may 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 halve 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 and Tenant agree that each of the terms, conditions, and obligations of this
Lease shall extend to and bind, or inure to the benefit of (as the case may require), the
13
respective parties hereto, and each and every one of their respective heirs, executors,
administrators, representatives, successors and assigns.
27. ATTORNEYS' FEES
In the event that any legal action is instituted by either of the parties hereto 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 INVALIDITY
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 shall be valid and be enforceable to the fullest extent permitted by law.
29. SPECIAL PROVISIONS
I have read and understand the child abuse reportingl�aws. 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
14
30. COMPLETE AGREEMENT
This Lease, and the attachments and exhibits hereto, constitute the entire agreement
i� 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.
IN WITNESS WHEREOF, the parties hereto have executed this Luse on the date set
forth opposite their respective names.
Date: By:
Tenant: DeLinda Madero, Coordinator
Attest: LANDLORD, CITY OF ATASCADERO
LEE PRICE By: GEORGE P. HIGHLAND
City Clerk Mayor
Approved as to form:
• ARTHER R. MONTANDON
City Attorney
15
litrljtl;ib °
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, on every Friday night from 6:00 PM to 10:00 PM,
with the exception of Friday, October 3, 1997. 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
16
00o09s, �9
EXHIBIT "C"
1. RENT ADJUSTMENTS:
Adjustments to rent will be reviewed on an annual basis. Any adjustments to rent will
be made on JANUARY 1 of each year.. Minimum monthly rent for the term of this Lease
Agreement shall be $75.00.
2. LATE CHARGE:
Ten percent (10%) 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.
18
00O09s Z/
n n
EXHiBiT D
r
i
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 shalt not obstruct the sidewalks, common halls,l
passageways, driveways, entrances and exits of the building; 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 lock of 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, or 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. Upon request of Landlord, Tenant shall furnish to Landlord a current list of the names,
phone numbers of each of Tenant's agents.
7. Landlord shall direct electricians as to the location and method of installation of telephone
wires and no boring or cutting for wires shall be done without Landlord's consent. The location
of telephones and other office equipment affixed to the premises shall be subject to Landlord's
approval, which approval shall not be unreasonably withheld.
8. Tenant, upon termination of its tenancy, shall deliver to Landlord all keys to office space
that were furnished to Tenant or that Tenant has had made. Tenant shall pay Landlord the cost
of replacing any lost keys and, as the option of the Landlord, the costs of changing locks
necessitated by the loss or theft of keys furnished to Tenant.
19
000096,E
9. Tenant shall not affix or attach linoleum, tile, carpet or other floor coverings to the floor
of the premises without Landlord's approval.
10. Landlord reserves the right to close and keep locked all entrance and exit doors of the
building g at night and on Saturdays, Sundays and legal holidays for the adequate protection of the
building and the property of its tenants, but shall make adequate provision for access to the
building by Tenant at all such times. If Tenant uses the premises when the building is closed
and locked, Tenant shall assure that the doors of the premises and the entry doors are closed and
securely locked before leaving the building. Tenant shall assure that all water faucets or water
apparatus and all electricity have been shut off before Tenant or its agents or invitees leave the
building so as to prevent waste or damage.
11. 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.
Revised 11/96
C:\CNTRCI'S\SPOTLrMLEA
20
000096. 117-3
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda tem: C-4
Through: Andrew J. Takata Meeting ate: 01/14/97
City Manager
File Number: ZC #96003
Via: Steven L. DeCamp
Acting Community Development Director.
From Doug Davidson, Senior Planner
SUBJECT:
Adoption of an ordinance amending the official City Zoning Map by
rezoning certain real property at 9505 El Camino Real from CR
(Commercial Retail) to RMF-16 (High Density Multiple Family
Residential) .
RECOMMENDATION:
Approval and adoption of Ordinance No. 317 on seco d reading.
BACKGROUND•
On December 10, 1996, the City Council conducted a public hearing
on the above-referenced subject. The Council app owed Ordinance
No. 317 on first reading.
/ph
Attachment: Ordinance No. 317
00009'7
ORDINANCE NO 317
AN' ORDINANCE OF THE CITY COUNCIL OF THE CITY .OF ATASCADERO
AMENDING THE OFFICIALCITYZONING MAP BY REZONING CERTAIN REAL
PROPERTY AT 9505 EL CAMINO REAL FROM CR (COMMERCIAL RETAIL) TO
RMF-16 (HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL)
(ZONE CHANGE 96003 HENDRIX)
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 CaliforniaGovernment 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 November 19, 1996 and has recommended approval of Zone
Change 96003.
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
ordinance by reference:
Assessor' s Parcel Map #s 030-481-002 030-492-001/002
Lots 2 25 PM 31 Lot 3, Blk 6 2 MB 39;
Ptn Lots 4 and 5, Blk 6 2 MB 39
00009
Ordinance No. 317
Page 2
Section 3. Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
On motion by Councilperson and
seconded by Councilperson , the foregoing
ordinance is hereby adopted in its entirety on the following roll
call vote:
AYES :
NOES :
ABSENT:
ADOPTED:
CITY OF ATASCADERO, GA
By:
RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGERSON, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
• STEVEN L. DECAMP, ACTING COMMUNITY DEVELOPMENT DIRECTOR
O
000099
I
REPORT TO CITY COUNCIL ` Agenda I em: C-5
CITY OF ATASCADERO
Through: Andrew J. Takata Meeting `ate: 01/14/97
City Manager
File Number: ZC 96004
Via: Steven L. DeCamp
Acting Community Development Director
From: Doug Davidson, Senior Planner
SUBJECT:
Adoption of an ordinance amending the Official City Zoning Map by
rezoning certain real property at 5802 Traffic way from Downtown
Pedestrian Retail Overlay to RMF-16 (High Density Vultiple Family
Residential) .
RECOMMENDATION:
Approval and adoption of Ordinance No. 318 on' second reading.
BACKGROUND•
On December 10, 1996, the City Council conducted a public hearing
on the above-referenced subject. The Council app- owed Ordinance
No. 318 on first reading
/ph
Attachment: Ordinance No. 318
000100
ATTACHMENT' H
ORDINANCE NO 318
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AMENDING THE OFFICIAL CITY ZONING. MAP BY REZONING CERTAIN REAL
PROPERTY AT 5802 TRAFFIC WAY FROM DOWNTOWN PEDESTRIAN RETAIL
OVERLAY TO RMF-16 (HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL) '
(ZONE CHANGE 96004 - HENDRIX)
WHEREAS, the proposed zoning text amendment proposes
standards that are consistent with the General Plan as required
by Section 658.60 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 November 19, 1996 and has recommended approval of Zone
Change 96004
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1.' Council Findings.
1 . The proposal is compatible with thesurroundingland
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
ordinance by reference
Assessor' s Parcel Map ff 029-322-012
Portion of Lot 2, Block LA, Atascadero Colony`
000101
Ordinance No. 318
410 Page 2
Section 3 . Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into thje Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
On motion by Councilperson and
seconded by Councilperson the foregoing
ordinance is hereby adopted in its entirety on the following roll
call vote:
AYES :
NOES :
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
By:
RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGERSON, City Clerk
APPROVED AS TO FORM:
AP.THER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DECAMP, ACTING COMMUNITY DEVELOPMENT DIRECTOR
�u 0
r
MAI ICIA TORGE flN
ATASCADERO CITY COUNCIL ` Cf CLERK
REGULAR MEETING
.JANUARY 28, 1997
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM
7:00 P.M.
George Harold Ray Jeny Ken
tuna Carden Johnson Lerno
This agenda is prepared and posted pursuant to the requirements of Government
code Section 54954.2. By listing a topic on this agenda, the City Council h s expressed its
intent to discuss and act on each item. in addition to any action identified in the brief general
description of each item,.the action that may be taken shall include: A referal to staff with
specific requests for information, continuance;specific direction to staff cone ming the policy
or mission of the item; discontinuance of consideration; authorization to enter into
negotiations and execute agreements pertaining to the item; adoption or approval; and,
disapproval.
Copies of the staff reports or other documentation relating to each ftem of business
referred to on the agenda are on file in the office of the City Clerk (Room 08) and in the
Information Office(Room 1031, available for public inspection during City Hall business hours.
The City Clerk<will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act, ff.you need s ecial 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) 461-50:14. Notification
at least 48 hours prior to the meeting or time when services are needed will assist the City
staff in assuring That reasonable arrangements can be made to provide accessibility to the
meeting or service.
7:00 P.M. - REGULAR SESSION: (Please see Rues of Public Partici ati back page)
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
COUNCIL COMMENTS -
COMMUNITY FORUM
A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are
considered to be routine and will be enacted by one motion in th 9 form listed below.
There will be no separate discussion on these items. A member of the Council or
public may, by request, have any item removed from the Conser t Calendar, which
shall then be reviewed and acted upon separately after the adop lion of the Consent
Calendar:
1. CITY COUNCIL NU�UTES - December 10, 1996 "
(City Clerk's recom ndation: Approve) tli
2. APPROVAL OF WARRANTS - December, 1996
(Staff recommendation:: Approve)
3. CITY TREASURER'S 'REPORT - December, 1996
(City Treasurer's recommendation: Approve)
B. PUBLIC HEARINGS:'
1. TENTATIVE TRACT MAP/ZONE CHANGE 96011, 10920 EL CAMINO REAL
A. Tentative Tract Map 96011 Consider application to subdivide a 4.59 acre
property into nine (9) small lots (average lot size 5,829 sq. ft.) for single
family residential development using the Planned Development Overlay Zone
#7 (PD7) and a remainder parcel of 3.06 acres
(Planning Commission/Staff recommendation: Approve based on Findings"&
Conditions of Approval)
B. Ordinance No. 319 - Amending Map 23 of the official zoning maps by
rezoning certain real property at 10920 EI Camino Real from RMF/16 to
RMF/16 (PD7) (ZC 96011: Nichols/Charnley/Sholders)
(Planning Commission/Staff recommendation: Motion to waive reading in full
and introduce on first reading by title only)
2. PROPOSED AMENDMENTS TO THE SKATEBOARD ORDINANCE
A. Ordinance No. 320 - Adding Section 4-2.1011 to the Atascadero Municipal
Code, prohibiting skateboard and rollerblade cruising
(Staff/City Attorney's recommendation: Motion to waive reading in full and
introduce on first reading by title only)
3. PROPOSED NEWSRACK ORDINANCE
A. Ordinance No. 321`- Providing for the regulation of newsracks and repealing
sections inconsistent therewith
(City Attorney's recommendation: Motion to waive reading in full and
introduce on first reading by title only)
C. REGULAR BUSINESS:
1. SERVICE AND FUNDING LEVEL OPTIONS FOR THE ATASCADEROLAKE PAVILION
(Parks & Rec. Commission/Staff recommendation: Provide direction)
2. DISCUSSION REGARDING METHOD OF SELECTION OF CITY BOARD &
COMMISSION MEMBERS
(Staff recommendation: Provide direction)
3. RESOLUTION NO. 10-97 Approving Interim City Manager contract
(Staff recommendation: Adopt)
D. COMMITTEE REPORTS (The following represent standing committees. Informative
status reports will be given, as felt necessary.): `
1. S.L.O. County Mayors Group
2. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
3. City/School Committee
4.` County Water Advisory Board/Nacimiento Water Purveyors Advisory Group
5. Economic Round Table
6, Finance Committee
7 Air Pollution Control District 2.
8. North County Council
9. Ad Hoc Regional Water Management Committee
10. Integrated Waste Management Authority
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
3
RULES OF PUBLIC PARTICIPATION':
The City Council welcomes and encourages your ideas and
comments as a citizen. To increase the effectiveness of your
participation, please familiarize yourself with the following rules of
decorum;
O Members of the audience may,speak on any item on the agenda, in the order
the item(s) are addressed by the Council, as directed by the Mayor. Items not
on,the agenda should be submitted during the Community Forum period (see
below).
O Persons wishing to speak should step to the podium and state their name and
address, for the official record.
O All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
O No person shall be permitted to make slanderous, profane or personal remarks
against any elected official, commissions and staff.
O A person may speak for five (5) minutes.
O No one may speak for a second time until everyone wishing to speak has had
an opportunity to do so, and no one may speak more than twice on any item.
O Council Members may question any speaker; the speaker' may respond but,
after the allotted time has expired, may not initiate further discussion.
O The floor will then be closed to public participation and open for Council
discussion.
COMMUNITY FQRUM:
O The Community Forum period is provided to receive comments from the public
on matters other than scheduled agenda items.
O A maximum of 30 minutes will be allowed for Community Forum, unless
Council authorizes an extension."
O State law` does not allow the Council to take action on issues not on the
agenda, staff may be asked to follow up on such items.
i
i
jAgenda Item: A-1
Mee�ing Date: 1/28/97
* NOTICE: THE CITY COUNCIL MINUTES OF 12/10/96 WILL BE
DISTRIBUTED SEPARATELY. ,
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CITYn rrV n
OF n r Tn r�,,•_r_DFR.:� ng�n�t1ar. 1 t.em: A-2
From: Andy Taka-ta , City Manager
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SUBJECT:
Payment of Audited Bills and Payroll for the monih of December ,
1996 ,
RECOMMENDATION:
Approve certified City accounts payable , payroll aano payroll vendor
checks for the month of December , 1996,
ntta.ched . fnr Ci y t oi7nt i j rev ie;N and approval . a.r the following:
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item A-3
From: Rudy Hernandez, City Treasurer Meeting Dat : 1/28/97
SUBJECT: Treasurer's Report-December, 1996
RECOMMENDATION:
Council review and accept.
Attachment: Treasurer's Report,December, 1996
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CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH OF DECEMBER, 1996 (UNAUDITED)
ACCOUNT INVESTMENTS AGENT TOTAL
BEGIN. BALANCE $768,546 $5,435,713 $637,784 $6,842,043
RECEIPTS 2,290,220 81,110 2,371,330
DISBURSEMENTS <928,577> <27,375> <955,952>
TRANSFERS IN 1,000,000 1,000,000
TRANSFERS OUT <1,000,000> <1,000,000>
OTHER
BALANCE $1,130,189 $6,435,713 $691,519 $8,257,421 S
DEPOSITS IN
TRANSIT 23,003
CHECKS OUTSTANDING <538,403>
ADJUSTMENTS <899>
ADJUSTED TREASURER'S BALANCE 7,741,122
O TASCADERO
URIERNANDE��
urer
0010 311, /
CITY OF ATASCADERO - DECEMBER 1996
ALL FUNDS - GENERAL ACCOUNT I INVESTMENT PAGE 1
RESERVED UNRESERVED
FUNDS CASH (1) CASH (2)
General Fund Pooled Cash 2,351,228
Gas Tax Fund Pooled Cash 124,999
Development Fee Pooled Cash 193,309
Donations Pooled Cash 3,523
A.D. #4 Reserve Pooled Cash 44,789
Zoo Enterprise Pooled Cash <36,086>
Camino Real Reserve 12,990
92 St. A.D. Reserve Pooled Cash 2
Payroll Trust Pooled Cash 200
• 94 CDBG Pooled Cash 13,017
93 EDBG -268 Pooled Cash 15
95 CDBG Pooled Cash 8,145
Dial-a-Ride Pooled Cash <36,494>
Wastewater Fund Pooled Cash 963,272
Lake Park Pavilion Pooled Cash <28,180>
Recreation Pooled Cash <55,065>
Tree Plant Fund Pooled Cash 35,473
Tree Association Fund Pooled Cash 23
Sidewalk Trust Pooled Cash 43,803
Police Donations Fund 862
COPS Fast Grant 1,014
Weed Abatement Pooled Cash 20,666
Supplemental Law Enforcement 34,654
A.D. #3 Redemption Pooled Cash 9,422
A.D. #4 Redemption Pooled Cash 160,535
A.D. #5 Redemption Pooled Cash 57
Camino Real Redemption Pooled Cash <51,802>
92 Street A.D. Redemption Pooled Cash 58,749
Santa Rosa A.D. #7 <938>
CIO()Oil Z...
ALL FUNDS - GENERAL ACCOUNT / INVESTMENT PAGE 2
RESERVED UNRESERVED
FUNDS CASH (1) CASH 2
89 COP Debt Svc. Pooled Cash 16,973
Capital Project Pooled Cash <173,660>
Pol. Dev. Fees Pooled Cash <43,128>
Fire Dev. Fees Pooled Cash 56,817
P & R Dev. Fees Pooled Cash 48,753
Drain. Dev. Fees Pooled Cash 297,814
Amapoa-Tec. Fee Pooled Cash 160,456
Public Works Pooled Cash 476,526
St. Main Dist. Pooled Cash 46,227
TDA Non-Transit Pooled Cash 84,487
Sewer Facilities Capital 2,121,300
Camino Real Const. Pooled Cash 16,141
Las Encinas Const. Pooled Cash 5,477
3-F Meadows Const. Pooled Cash 4,342
Santa Rosa A.D. #7 Pooled Cash 58,896
•
2 4919 814684
TOTAL ALL FUNDS � 6
CASH WITH FISCAL AGENT
Camino Real Resr. Cash 199,890
92 St. A.D. Resvr. Cash 45,957
Wastewater Fund Cash 60,403
Camino Real Redm. Cash 33
92 St. A.D. Redm. Cash <10>
89 COP Debt Serv. Cash 385,246
TOTAL WITH FISCAL AGENT 691 519
TOTAL OF ALL CASH $7,741 122
€ 60011.
INVESTMENTS
TIME DEPOSITS
is CERTIFICATES OF DEPOSIT, SAVINGS AND
LOCAL AGENCY INVESTMENT FUND
DECEMBER 31, 1996
INTEREST
TEME DEPOSITS: AMOUNT EARNINGS
Orange County Investment PooVIRAN $ -0- $1,609. (6)
Orange County Investment Pool 1 -0- 51,206. (6)
Local Agency Investment Fund-Reg. (3) 5,310,713. 221,791.
Certificate of Deposits (see attached schedule) 1,125,000. 22.341.
TOTAL 6,435,713 296,947.
Mid-State Interest Received 14,211.
TOTAL INTEREST RECEIVED 311 158 (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 2, 1996, the City received $1,200,000. in the form of a Tax Revenue
Anticipation Note(TRAN). The City must repay this amount including$56,841 interest
(4.75% per annum) on 6/25/97. Total repayment($1,200,000+ $56,841)is $1,256,841.
(4) December, 1996 interest yields were as follows:
Orange County Not available
LAIF 5.59%
Mid-State 2.42%
(5) This is actual amount deposited to City accounts and does not reflect interest amounts
accrued but not received. Also not included above are interest amounts earned in Fiscal
Agent or County accounts, which are used for bond retirement purposes.
(6) On December 6th, 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.
000011.
CITY OF ATASCADERO
SCHEDULE OF CERTIFICATE OF DEPOSITS
DECEMBER 31,1996
PURCHASE MATURITY YIELD Y.T.D. INTEREST
BANK DATE DATE RATE AMOUNT EARNINGS
1. Santa Lucia Bank 6/19/96 12/19/96 5.000/0 $35,000. $1,785.36
Atascadero, CA
2. Union Bank 6/28/96 12/26/96 4.60% $99,000. $2,277.00
Atascadero, CA
3. Great Western Bank 7/1/96 12/28/96 4.88% $100,000. $2,440.01
San Luis Obispo
4. Bank of Santa Maria 7/27/96 1/27/97 5.01% $99,000. $2,067.30
Templeton, CA
5. Bank of America 7/31/96 1/31/97 4.35% $99,000. $1,794.39
Atascadero, CA
6. Los Padres Savings 8/16/96 2/13/97 5.13% $99,000. $1,904.56
Bank, Santa Maria, CA
7. Wells Fargo Bank 8/22/96 2/22/97 4.50% $99,000. $1,596.42
Santa Maria, CA
8. First Bank of San 8/23/96 2/19/97 5.18% $99,000. $1,823.40
Luis, San Luis Obispo, CA
9. ValliWide Bank 8/24/96 2/24/97 4.75% $99,000. $1,658.93
San Luis Obispo, CA
1O.California Federal 8/29/96 3/30/97 5.45% $99,000. $1,798.51
Bank, Atascadero, CA
1!.First Bank& Trust 8/30/96 2/26/97 5.15% $99,000. $1,699.51
Santa Maria, CA
12.First Valley Bank 9/9/96 3/6/97 4.90% $99,000. $1,495.83
Santa Maria, CA
TOTAL $1,125,000. 522.341.22
o00011.
i
I
i
i
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Idem• B-1 (A&B)
Through: Andrew Takata Meeting ate: 01/28/97
City Manager
File. Number: ZC 96011
via: Steven L. DeCamp TTM 96011
Acting Community Development Director
From: oug Davidson, Senior Planner
Y. P i
SUBJECT:
Consideration of a tentative tract map applicationto subdivide a
4.59 acre property into nine (9) small lots (average) lot size 5, 829
sq. ft. ) for single family residential developi�ent using the
Planned Development Overlay Zone #7 (PD7) and a remalinder parcel of
3.06 acres . Subject site is located at 10920 E1 Camino Real.
(Andrew Charnley/Sholders Surveys) .
RECOMMENDATION:
Staff recommends the following actions as recommended by the
Planning Commission:
1. Ordinance No. 319 - Read by title only and a` prove on first
reading amending Map 23 of the Official oning Maps by
rezoning certain real property at 10920 El C4mino Real from
RMF/16 to RMF/16 (PD7) .
(2) Approval of Tentative Tract Map 96011 based On the Findings
and Conditions of Approval contained in the attached Planning
Commission staff report, dated January 7, 199x7 .
BACKGROUND:
On January 7, 1997, the Planning Commission conducted a public
hearing on the above-referenced applications . After discussion
(see the attached minutes excerpts) the Planning Commission, on a
7 : 0 vote, recommended approval of Tentative Tract Map 96011 and
Zone Change 96011 .
/ph
i
cc: Andrew Charnley I
Alva/Annie Nichols
Douglas Sholders
Attachments : Ordinance No. 319
Planning Commission Staff Report - anuary 7 , 1997
Minutes Excerpts - January 7 , 1997 j
s
1. 0001,'
ORDINANCE NO. 319 .
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCI-iDERO AMENDING MAP 23 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY AT 10920 EL CAMINO REAL
FROM RMF/16 TO RMF/16 (PD7)
(ZC 96011: NICHOLS/CHARNLEY/SHOLDERS)
WHEREAS, the proposed zoning map amendments are consistent
with the General Plan in effect at the time of application
acceptance, as required by Section 65860 of the California
Government Code; and
WHEREAS, the proposed amendments are , in conformance with
Section 65800 et seq. of the California Government Code concerning
zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on January 7, 1997, and has recommended approval of Zone
Change 96011 .
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1 . The proposal is compatible with surrounding land uses
and the zoning in effect at the time of application
acceptances
2. The proposal is consistent with the General Plan
in effect at the time of application acceptance.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
4 . Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
5. Modification of development standards or processing
requirements will enhance the opportunity to best
utilize special characteristics of an area and will have
a beneficial effect on the area.
000013
• Ordinance No. 319
Page 2
6. Benefits derived from the overlay zone cannot be
reasonably ' achieved through existing development
standards or processing requirements.
7. The proposed plans offer certain redeeming features to
compensate for requested modifications.
Section 2. Zoning Map.
Map number 23 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department is
hereby amended to reclassify the parcel listed below, and shown on
the attached Exhibit A, which are hereby made a part of this
ordinance by reference.
Parcel 2, 36 PM 49
Assessor's Parcel 045-351-012
Development of said property shall be in accordance with the
standards of the Planned Development Overlay Zone No. 7, the Tract
Map (Tract 2234) shown on the attached ExhibitB, and any
• conditions of approval imposed during the approval of this zone
change, Tentative Tract Map 96011, and/or any other associated
applications.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atalscadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section ':36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12: 01 a.m. on the 31st day after its passage.
On motion by and seconded by
the foregoing Ordinance is approved by
the following roll call vote:
0000111
Ordinance No. 319
Page 3
AYES :
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
RAY JOHNSON, 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
000015
CITY OF ATASCADERO Item: B . 4
STAFF REPORT
FOR: Planning Commission Meeting Date: January 7, 1997
BYI� Doug Davidson, Senior Planner File, No: TTM 96011
SUBJECT:
Consideration of a tentative tract map application to subdivide a
4 . 59 acre property into nine (9) small lots (average lot size
5, 829 sq. ft. ) for single family residential development using
the Planned Development Overlay Zone #7 (PD7) and a remainder
parcel of 3. 06 acres.
RECONNENDATION:
Staff recommends the following actions:
1 . That the Negative Declaration prepared for the project be
found adequate under the requirements of the California
Environmental Quality Act (CEQA) ; and
2 . That Zone Change be recommended for approval to the City
Council based on the Findings contained in Ordinance 319.
3 . That Tentative Tract Map #96011 be recommended for approval
to the City Council based on the Findings for Approval
contained in Attachment G and the Conditions of Approval
contained in Attachment H.
A. SITUATION AND FACTS:
1 . Applicant. . . . . . . . . . . . . . . . . . . .Andrew Charnley
2 . Representative. . . . . . . . . . . . . . .Sholders Surveys
3 . Project Address. . . . . . . . . . . . . . 10920 El Camino Real
4 . Site Area. . . . . . . . . . . . . . . . . . . . 4 . 59 acres
6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RMF-16
7 . General Plan Designation. . . . .High Density Multi-Family
8 . Existing Use. . . . . . . . . . . . . . . . .Single Family Residence (2)
9. Environmental Status . . . . . . . . .Neg. Dec. posted 12/17/96
1
000016
B. ANALYSIS:
The proposed project is the subdivision of a 4 . 59 acre parcel is
into nine (9) small lots for single family residential
development and a remainder parcel of 3. 06 acres . The proposed
small lots range from 4, 880 square feet to 8, 91.6 square feet,
with an average parcel size of 5, 829 square feet. There are
three different floor plans, incorporated into six two-story and
three single-story units. Living areas range from 1, 477 square
feet for the one-story units to 1, 568 square feet for the two-
story dwellings, exclusive of the two-car garage. The minimum
lot size in the RMF-16 zone is one-half acre; thus the applicant
is requesting the Planned Development Overlay Zone #7 (PD7) to
allow for the small lot subdivision. The remainder parcel (lot
10) would be served by the cul-de-sac constructed as part of the
PD and be available for additional multiple family development.
Planned Development Overlay Zone No.7
Planned Development Overlay Zones (Section 9-3. 641) are used to
modify development standards "to promote orderly and harmonious
development and to enhance the opportunity to best utilize
special characteristics of an area. " The intent of the PD zones
is to provide a "beneficial effect" that cannot be realized by
applying the existing standards. As contained in Zoning
Ordinance Section 9-3. 651, the PD7 Zone was established for small
lot residential subdivisions.
The PD7 Overlay is the appropriate method to establish smaller
lot sizes in the multiple family zones. In this case, the
"beneficial" effect is a home ownership opportunity and the
inhibiting standard is the one-half acre minimum lot size
requirement. The minimum lot size may be decreased through the
PD 7 zone as long as the overall density is not exceeded. Nine
3-bedroom units are allowed on the easterly one-third of the
property where the small lot subdivision is proposed. The
density is calculated as net acreage - the right-of-way for La
Costa Court and the access easement for Lot 6 has been subtracted
from the site area.
The subdivision is designed in compliance with the PD7 standards
contained in Section 9-3 . 651 of the Zoning Ordinance. The PD7
building setbacks, building coverage (35o max) , and required
amount of landscaping (40% minimum) are basically provided on the
plans . The two-story units are designed to have a second floor
that is limited to 750 of the ground level floor area.
Sufficient parking is provided with each unit having a two-car
garage and a guest space provided in the driveway. La Costa
Court is designed per City Road standards, with the cul-de-sac
located on Lot 10 conditioned to meet the City standard.
2
000(J)117
Subdivision Ordinance
The fundamental considerations in subdivision design are
contained in Chapter 8 of the Subdivision Ordinance ' (Section 11-
8 . 101) as follows:
"The layout of streets and lots within a subdivision shall
be consistent with the densities and types of uses
authorized by the General Plan, specific plans, and zoning.
The subdivision design shall also recognize the physical
conditions of the site, such as slope, soil types, and
adjacent land use, which may further limit uses of the
property. The subdivider must simultaneously Consider such
factors as terrain, solar exposure, development objectives,
and options available under these regulations in order to
design a subdivision which best meets the needs of those who
will occupy it as well as the community as a whole. "
The tract map has been substantially revised since the first
submittal in order to meet the above language. The initial tract
was an 11-lot PD subdivision which was out of compliance with
several of the Subdivision Ordinance and PD7 standards .
Additionally, the 25 foot setback off of El Camino Deal maintains
consistency with the streetscape and other developments in the
• vicinity. Furthermore, the lot design for proposed Lot #6 meets
the flag lot standards as contained in section 11-8 .209 .
General Plan/Zoning
The proposed PD project carries out some of the following
fundamental policies of the Housing Element:
"Continue to encourage, where suitable, Planned Development
Overlay Zones (PD) , particularly the PD7 zone of small lot
subdivisions for single family ownership. " (p.,VI-32 (e)
"The City will encourage "infill" and intensification of
land which is suited to meet housing needs within the Urban
Services Line. " (p.VI-44 (b)
The project will provide a substantial number of new housing
opportunities, particularly for first time homebuyers . The Land
Use Plan designates this area for high density residential uses
and the project is in conformance with Zoning Ordinance
standards, as contained mostly in the PD7 zone section. The
larger, rectangular lots on south El Camino Real form the most
suitable area in the City for PD7 projects.
3
000018
Environmental Review
The City' s Building, Fire, and Engineering Divisions have all
reviewed and commented on the proposed subdivision. A drainage
analysis was included in the application submittal to determine
the size and scope of the detention basin. The completeness
review of the application indicated the need for additional
traffic information to examine the proximity of proposed La
Costa Court to San Diego Way. The traffic study, prepared by a
registered traffic engineer, concludes "that operating conditions
on El Camino Real will not be affected by the added volume from
this project." Two recommended mitigation measures to address
the proximity of the site access to San Diego Way have been
included as conditions of approval #16 (h) and (i) .
C: CONCLUSIONS:
The proposed Tract Map complies with the City' s Subdivision
Ordinance and PD7 standards . The General Plan (Housing Element)
encourages PD7 projects in high density areas, such as south El
Camino Real . The recommended road improvements will ensure a safe
access into and out of the site, as well as establish a City
standard cul-de-sac to serve the future residential development.
The proposed architectural features of the dwelling units also
will provide an attractive project to emulate in whatever future
development should occur on Lot 10.
ATTACHMENTS :
Attachment A - Location Map (General Plan)
Attachment B - Location Map (Zoning)
Attachment C - Tentative Tract Map
Attachment D - Elevations/Floor Plan
Attachment E - Negative Declaration
Attachment F - Draft Ordinance 312 (PD7)
Attachment G - Findings for Approval (Tract Map)
Attachment H - Conditions of Approval (Tract Map)
•
4
00009
/ ATTACHMENT A
ITYUP•„M.-•;•- - y�_ - - - _ _ -- --- LAND USE MAP
COMMUNITY DEVELOPMENT TTM/ZC 96011
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COMMUNITY DEVELOPMENT TTM/ZC 96011
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ATTACHMENT C
(_F I Y (_)h ATA q(-'A i)P W ) TENTATIVE TRACT MAP
TTM/ZC 96011
COMMUNITY DEVELOPMENT
DEPARTMENT
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NEGATIVE DECLARATION
`NMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASC.°+DERO. CA 934122 ($05) 461-5035 S
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;OJECT TITLE: TEAIM-t i v E TRAC t AAA P 12O N E C NAME-E 9(001 l
:OJECT LOCATION: .1092o EL CAM iiv0 REAL `
i
IOJECTDESCRIPTION: 7-CN C10) LOt 5u6D1VIStoN' — NiN4: SN113LL Lo f'5 j
AVER19 GE S�8L y 1�J> uSiA1 i tM1= PD7 2-a IV F_ AND o vF- REM AI AJDC2 Pn/ZCEL
'F 3.o& AC-PIES .
=INGS:
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.
,ETERNIINATION:
aseci on the above IIndings. and the informat+on contained in the initial study(made a part hereof by refer-
ace and on file in the Community Development Department). it has been determined that the above project
rill not have an adverse impact on the environment.
i
,TEVEN L. DECAMP
' ITY PLANNER . ? .
Date Posted: 'P ECE/q 3 F_iZ 171 1 C7`1
0e Adopted:
CAD 11-89
000011" I
ATTACHMENT F
ORDINANCE NO. 319
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASChDERO AMENDING MAP 23 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY AT 10920 EL CAMINO REAL
FROM RMF/16 TO RMF/16 (PD7)
(ZC 96011: NICHOLS/CHARNLEY/SHOLDER.,)
WHEREAS, the proposed zoning map amendments are consistent
with the General Plan in effect at the time of application
acceptance, as required by Section 65860 of the California
Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code concerning
zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on January 7, 1997, and has recommended approval of Zone
Change 96011 .
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1 . Council Findings.
1 . The proposal is compatible with surrounding land uses
and the zoning in effect at the time of application
acceptance.
2 . The proposal is consistent with the General Plan
in effect at the time of application acceptance.
3. The proposal will not result in any significant adverse
environmental impacts. The Negative Declaration
prepared for the project is adequate.
4 . Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
5. Modification of development standards or processing
requirements will enhance the opportunity to best
utilize special characteristics of an area and will have
a beneficial effect on the area.
000025
. Ordinance No. 319
Page 2
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existingdevelopment
standards or processing requirements.
7 . The proposed plans offer certain redeeming features to
compensate for requested modifications.
Section 2 . Zoning Map.
Map number 23 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development , Department is
hereby amended to reclassify the parcel listed below,' and shown on
the attached Exhibit A, which are hereby made a part of this
ordinance by reference.
Parcel 2, 36 PM 49
Assessor's Parcel 045-351-012
Development of said property shall be in accordance with the
standards of the Planned Development Overlay Zone No. 7, the Tract
• Map (Tract 2234) shown on the attached Exhibit B, and any
conditions of approval imposed during the approval of this zone
change, Tentative Tract Map 96011, and/or any other associated
applications.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News,
a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this ' certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
On motion by and seconded by
the Foregoing Ordinance is approved by
the following roll call vote:
00UtiG
Ordinance No. 319
Page 3
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
RAY JOHNSON, Mayor
ATTEST:
MARCIA M. TORGERSON, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DECAMP, Acting Community Development Director
•
00�i? i
1r/ � . EXHIBIT A
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DEPARTMENT
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iscanFR�r COMMUNITY DEVELOPMENT
DEPARTMENT
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ATTACHMENT G - Findings for Approval
Tentative Tract Map #96011
10920 El Camino Real (Nichols/Charnley/Sholders)
January 7, 1997
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. The Negative Declaration prepared for the project
is adequate.
MAP FINDINGS:
1 . The proposed subdivision is consistent with applicable
General and Specific Plans.
2 . The design and/or improvement of the proposed subdivision is
consistent with applicable General and Specific Plans.
3 . The site is physically suitable for the type of development
proposed.
4 . The site is physically suitable for the density of the
development proposed.
. S. The design of the subdivision, and/or the proposed
improvements, will not cause substantial environmental
damage or substantially and avoidably injure fish and
wildlife or their habitat.
6. The design of the subdivision, and the type of the
improvements, will not conflict with easements'' acquired by
the public at large for access through or the use of
property within the proposed subdivision; or substantially
equivalent alternate easements are provided.
7 . The proposed subdivision design, and/or the type of
improvements proposed, will not cause serious public health
problems .
8 . Proposed Lot 6 complies with the flag lot findings and
standards as contained in Subdivision Ordinance Section 11-
8 . 209.
0
0 `,0030
ATTACHMENT H -- Conditions of Approval
Tentative Trac` Map 96011 •
10920 El Camino Real (Nichols/Charnley/Sholders)
January 7 , 1997
CONDITIONS OF APPROVAL:
Fire Department Conditions
1 . Prior to the recordation of the Parcel Map, two new fire
hydrants shall be installed: one at the end of La Costa
Court prior to the turnaround and the other at the entrance
to the project on El Camino Real. Water mains and fire
hydrants shall be installed and in service prior to
beginning of combustible construction. The precise type and
exact location of said fire hydrant shall be as approved by
the Fire Marshall and City Engineer.
Engineering Division Conditions
2 . All improvements shall be constructed in conformance with
the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City
Engineer.
3 . The applicant shall enter into an Plan Check/Inspection
agreement with the City. Prior to recordation of the
final map, all outstanding plan check/inspection fees
shall be paid.
4 . An encroachment permit shall be obtained from the City
Engineering Department prior to the issuance of building
permits .
5 . A Preliminary Soils Report shall be prepared for the
property to determine the presence of expansive soil or
other soil problems and shall make recommendations
regarding grading of the proposed site. A final soils
report shall be submitted by the soils engineer prior to
the final inspection and shall certify that all grading
was inspected and approved and that all work done is in
accordance with the plans and the preliminary report.
A separate document shall be recorded in conjunction with
the final map stating that a soils report has been
prepared for the project. The document shall provide the
date the report was prepared along with the name and
address of the soils engineer or geologist who prepared
the report. The document shall indicate any soils
problems which may exist on the newly created lots .
1
000031
6. All public improvements shall be secured with a 100%
Performance Guarantee and a 50% Labor and Materials
Guarantee until the improvements are deemed substantially
complete by the City Engineer. Prior to the final
inspection of the improvements, and before the other
guarantees mentioned in this condition are released, a 10%
Maintenance Guarantee shall be posted to cover the
improvements for a period of 1 year from the date of the
final inspection. The guarantee amounts shall be based on
an engineer's estimate submitted by the project engineer
and approved by the City Engineer. The estimate shall be
based on City Standard Unit Prices for Bonding Estimates .
The Guarantees posted for this project shall be approved
by the City Attorney.
7 . A six (6) foot Public Utility Easement (PUE) ' shall be
provided contiguous to all street frontages .:
8 . All existing and proposed utility, pipeline, open space,
scenic or other easements are to be shown on the final
map. If there are building or other restrictions related
to the easements, they shall be noted on the' final map.
9 . The relocation and/or alteration of existing'; utilities
shall be the responsibility of the developer'.
10 . The applicant shall install all new utilities (water, gas,
electric, cable TV and telephone) underground.
Utilities shall be extended to the property line frontage
of each lot or its public utility easement.
11 . Any utility trenching in existing streets which results
from construction of the project shall be overlayed to
restore a smooth riding surface as required by the City
Engineer.
12 . Drainage facilities shall be constructed to City of
Atascadero Standards, or as approved by the City Engineer.
Each improvement shall be designed so as to not increase
the rate of flow of water onto adjacent properties, or as
approved by the City Engineeer.
13 . Drainage shall cross lot lines only where a private
drainage easement has been provided or as approved by the
City Engineer. Drainage from off-site areas`' shall be
conveyed across the project site in private drainage
easements or as approved by the City Engineer.
14 . A grading and drainage plan, prepared by a registered
civil engineer, shall be submitted for review and approval
by the City Engineer prior to the recordation of the final
map. A registered civil engineer shall provide a written
2
000032
statement that all work has been completed and is in full
compliance with the approved plans and the Uniform .
Building Code (UBC) .
15 . A sedimentation/erosion control plan addressing interim
erosion control measures to be used during construction
shall be submitted for review and approval by the City
Engineer prior to the recording of the final map. The
sedimentation/erosion control plan shall be prepared by a
registered civil engineer.
16. Road improvement plans prepared by a registered civil
engineer shall be submitted for review and approval by the
City Engineer prior to recordation of the final map. Road
improvement plans shall conform to the requirements of the
City Standard Specifications, Section 2 - Preparation of
Plans . R-value testing shall be done, and the pavement
section designed by a registered civil engineer to the
satisfaction of the City Engineer. Road improvements
shall include, but not be limited to the following:
a. The on-site street shall be fully improved to City
Std 405 (Local) , or as approved by the City Engineer.
b. A 50' offer of dedication shall be provided for the
on-site street. The offer of dedication shall be
recorded prior to, or in conjunction with, the
recordation of the final map.
C. El Camino Real shall be improved from centerline to
the property frontage in conformance with City
Standard 407 (Arterial) contiguous to the entire
property frontage, or as approved by the City
Engineer. The improvements shall exclude the
construction of the raised median. The improvements
may require the overlaying of the existing pavement
to remedy an inadequate structural section or to
remedy a deteriorated paving surface. Transitions
shall be constructed where required to achieve a
smooth join with existing improvements .
d. The on-site cul-de-sac shall be fully improved to
City Standard 415 (Typical Cul-de-Sac, urban) , or as
approved by the City Engineer. An offer of
dedication shall be provided for the cul-de-sac. The
offer of dedication shall be recorded prior to, or in
conjunction with, the recordation of the final map.
e . Slope easements shall be provided on each side of the
right-of-way as needed to accommodate cut or fill
slopes .
3
000033
f. A cross gutter in conformance with City Standard
Drawing 421 shall be constructed at the intersection
of the on-site street with El Camino Real, or as
approved by the City Engineer.
g. Sidewalk ramps in conformance with City Standard
Drawing No. 420 shall be constructed at the
intersection of the on-site street with El Camino
Real, or as approved by the City Engineer.
h. The east side of El Camino Real shall be improved by
widening the pavement to conform with City Standard
No. 407 (Arterial) , or as approved by the City
Engineer. The improvements shall conform with the
recommendations of the Traffic Study prepared by
Morro Engineering dated September 14, 1996.
i . The two-way left turn lane on El Camino Real shall be
extended from its southerly terminus to San Diego
Road in conformance with the recommendations of the
Traffic Study prepared by Morro Engineering dated
September 14, 1996.
17 . All property corners shall be monumented for: construction
control and shall be promptly replaced if disturbed. All
. final property corners and street monuments shall be
installed, or bonded for, prior to acceptance of the
improvements.
18 . A black line clear Mylar (0.4 mil) copy and a blue line
print of the tract map shall be provided to the City upon
recordation.
19. A Mylar copy and a blue line print of as-built improvement
plans, signed by the registered engineer who prepared the
plans shall be provided to the City Engineer prior to the
final inspection. A certification shall be included that
all survey monuments have been set as shown on the tract
map.
20 . A final map in substantial conformance with the approved
tentative map and in compliance with all conditions set
forth in the City of Atascadero Subdivision Ordinance and
the Subdivision Map Act shall be submitted to the City
Engineer for approval . The final map shall be signed by
the City Engineer prior to it being placed on the agenda
for City Council approval .
21 . The applicant shall acquire title or interest in any off-
site land that may be required to allow for the
construction of the improvements . The applicant shall
bear all costs associated with the necessary', acquisitions .
4
000034
The applicant shall also gain concurrence from all
adjacent property owners whose ingress or egress is
affected by these improvements.
22 . All work shall be completed, or bonded, prior to
recordation of the final map. The applicant shall enter
into a Subdivision Agreement with the City if the work is
to be bonded. The Subdivision Agreement shall be
submitted for review and approval by the City Attorney and
the City Engineer. The Subdivision Agreement shall be
recorded in conjunction with the final map.
23 . Sewer annexation fees shall be paid prior to the
recordation of the final map.
24 . The applicant shall form a Maintenance District which
would allow the City to levy and collect from each parcel
within the subdivision an annual assessment for the
continual maintenance of the detention basin and all other
drainage facilities within the subdivision. Terms and
conditions of the District shall be reviewed and approved
by the City Engineer and City Attorney. The Maintenance
District shall be formed, prior to, or in conjunction
with, recording the final map.
Planning/Building Division Conditions
25. The developer shall provide a geotechnical engineering •
report for all proposed earthwork and construction.
26 . The applicant shall provide a hydrological study of the
area considering the effects of ground and surface water
on this and adjacent sites.
27 . Finish floor elevations must meet Section 1806 . 4 . 5 of the
1994 Uniform Building Code.
28 . All public improvements including street improvements
utilities, drainage, paving, and retaining walls shall be
completed prior to issuance of any individual building
permits .
29 . Exterior fencing shall be consistent throughout the
project. Design and appearance of fences and/or walls
shall be reviewed by the Planning Division and found to be
compatible with the design of the dwelling units .
30 . All dwelling units on Lots 1-9 shall meet the required
setbacks for PD7 zones . Proposed Lots 42, 5, and 8 appear
just short of the 20 foot minimum setback for the garage
portion of the dwelling.
5
000035
I
I
31 . This tentative map approval shall expire two (2) years
from the date of final approval unless an extension of
time is granted pursuant to a written request received
prior to the expiration date.
i 6
oo003(;
MINUTES EXCERPTS
Planning Co sion Meeting - January 7, 1997
Page Six of 9 •
AYES: Zimmerman, lace, ohnson, Hageman, Bowen,
Sauter, Edwards
NOES: None •
ABSENT: ne
ON PASSED: 7:0
4. TENTATIVE TRACT MAP 960111ZONE CHANGE 96011:
Consider the applications of Alva/Annie Nichols and
Andrew Charnley (Sholders Surveys) for the creation of a
ten-lot residential subdivision; nine small lots using
the Planned Development Overlay Zone #7 (PD 7) and one
remainder parcel of 3.06. Subject site is located at
10920 El Camino Real.
STAFF RECOMMENDATION: (Doug Davidson)
The Planning Commission should.recommend the following actions for
the City Council' s consideration:
1. That the Negative Declaration prepared for the project be
found adequate under the requirements of the California
Environmental Quality Act (CEQA) ; and
2 . That Zone Change 96011 be .recommended for approval to the City
Council based on the Findings contained in Ordinance 319 .
3 . That Tentative Tract Map 96011 be recommended for approval to
the City Council based on the Findings for Approval contained
in Attachment G and the Conditions of Approval contained in
Attachment H.
Doug Davidson provided the staff report and responded to questions
from the Commission.
Chairman Edwards asked John Neil to explain what improvements the
applicant would have to make to E1 Camino Real to mitigate this
project. John responded that, per the Traffic Engineer, the appli-
cant would have to widen the pavement on the east side of El Camino
Real which would allow extension of the two-way left turn lane all
the way to San Diego Road.
Commissioner Zimmerman asked what the ultimate usage could be of
the 3-acre parcel that remains . Doug explained that the remaining
3-acre parcel would be zoned for High-Density Multiple Family uses,
-bedroom units per acre, 12 two-bedroom
which could mean 16 one
- units per acre. Also, a PD
or 8 three-bedroom units per acre
uni p ,
could be applied for, as well, for the rear parcel .
00003'7
i
Planning Commission Meeting - January 7, 1997
Page 7 of 9
i
Commissioner Hageman expressed concern over the large Oak that is
to be removed. She asked the Assistant City Engineer if the tree
could be saved by bumping out the sidewalk. John answered that the
curb face could be bumped out, however, he would recommend against
doing that because of site distance problems and it would be an
aberration in the curb face which lends itself to accidents and
misunderstandings by motorists.
Commissioner Bowen asked if it had been considered to convert the
access over to San Diego Way as opposed to accessing the property
from E1 Camino Real. He expressed concern over the high traffic
ingress and egress onto E1 Camino Real and felt that it would be
safer to access this development through San Diego Way. Discussion
continued on the possibilities of an alternate accessway.
TESTIMONY•
Doug Sholders, applicant' s agent - spoke in favor of the project
explaining that it would be beneficial to the community because of
the improvements to E1 Camino Real and San Diego Way. He said they
would like to save the Oak tree but didn' t think it was possible
and that more Oak trees would be planted to mitigate it' s removal.
Mr. Sholders stated that his applicants agreed with all the condi-
tions but asked for a clarification of Condition #16(h) . He
• explained that he originally had wanted the accessway to come off
of San Diego Way but there were "big" problems with that because of
sewer access and lot configurations .
. . . . . . end of public testimony. . . . . .
ACTION: Find that the Negative Declaration prepared for the
project be found adequate under the requirements of the
California Environmental Quality Act (CEQA) .
Motion: Johnson
Second: Wallace
AYES : Johnson, Wallace, Sauter, Bowen, Hageman,
Zimmerman, Edwards
NOES: None
ABSENT: None
MOTION PASSED: 7 :0
ACTION: That Zone Change be recommended for approval to the City
Council based on the Findings contained in ':Ordinance 319 .
000035
Planning Commission Meeting - January 7, 1997
Page 8 of 9
Motion: Johnson
Second: Bowen
AYES: Johnson, Bowen, Zimmerman, Hageman, Sauter,
Wallace, Edwards
NOES: None
ABSENT: None
MOTION PASSED: 7:0
Commissioner Hageman asked if this project met all the findings for
establishing a flag lot. She expressed concern over the topog-
raphy. Doug responded that staff felt that it met all the findings
for establishing a flag lot and that it was included as Finding No.
8 .
Commissioner Johnson stated that in the past he has been very
adamant against establishing flag lots. He stated that because of
the length of the driveway, this particular. flag lot is one of the
least intrusive-type flag lots that he has seen. He doesn' t feel
that this is one of the cases where establishing a flag lot would
be detrimental.
ACTION: That Tentative Tract Map #96011 be recommended for
approval to the City Council based on the Findings for
Approval contained in Attachment G and the Conditions of
Approval contained in Attachment H.
Motion: Johnson
Second: Wallace
AYES: Johnson, Wallace, Bowen, Sauter, Zimmerman,
Hageman, Edwards
NOES: None
ABSENT: None
MOTION PASSED: 7 :0
•
000039
i
ATE'1h8/97 ITEM#
AGENDAB-2
i
MEMORANDUM
TO: City Council {
E
FROM: Roy A. Hanley, Interim City Attorney
i
DATE: January 21, 1997
SUBJECT: Proposed Amendments To Skateboard Ordinance. 3�
Attached for your review please find: (1) Proposed Ordinance Numher'; (2) Minutes and
recommendations from the Traffic Committee; (3) Minutes and recomroendations from the
Parks and Recreation Commission; (4) Staff report from previous council session on
skateboard ordinance.
1
In early December, 1996, an ad hoc skateboarding group met at city hall. The group
consisted of interested members of the public, representatives of the skateboarding
community, councilman George Luna, representatives of the CIommunity Services
Department, the Police Department, and the City Attorney's Office.?The group met and
discussed various issues. Lts. John Barlow and Bill Watton were prej, ent and suggested
a possible alternative to the recommendations from the Traffic Committee and the Parks
and Recreation Commission. The alternative they suggested was drafting an ordinance
that prohibits "cruising" on skateboards while allowing their u$e as a means of
. transportation on public streets, etc.
i
i
The state legislature passed a law, effective January 1, 1997, that codifies existing case
law supporting the rights of cities to legislate the use of skateboards and other similar
devices. Current state law allows the city to make an outright ban on such use if the city
desires. Lesser regulations would, therefore; seem justifiable on the a6thority available at
the time of this report.
The proposed amended ordinance supplies the city with an enforcement tool that is not
as harsh as either of the other proposals. The representatives of the skateboarding
community at the group meeting in December felt that the Police Department proposal is
superior to the other,alternatives and indicated their feeling that compliance would not be
a problem.
Council has the following options: (1) Make no further changes or alterations in the
ordinance, (2) Adopt the anti cruising amendment, withowt adopting either
recommendation for posting; (3)Adopt the anti cruising amendment end accompany that
with a resolution authorizing posting according to the Parks and Recreation Commission
recommendation; (4) Adopt the anti cruising ordinance and accompany that with a
resolution authorizing posting according to the Traffic Committee recommendations; (5)
Refuse to adopt the anti cruising ordinance, and adopt a resolutionIauthorizing posting
according to the Parks and Recreation Commission recommendatins; (6) Refuse to
000040
adopt the anti cruising ordinance, and adopt a resolution authorizing posting according to
the Traffic Committee recommendations.
Staff recommends option two. This gives the skateboarding community a chance to prove
p
that they can comply with community standards of behavior before they are banned even
from using skateboards, etc., as a means of transportation. At the same time, the Police
Department is given a new tool to use against the problem causing individual. If this
approach does not work, the council can revisit the posting recommendations by resolution
and not be required to adopt a new ordinance.
skate.rep
2
0000111
ORDINANCE NO. NO
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO, CALIFORNIA
ADDING SECTION 4-2.1011 TO THE ATASCADERO
MUNICIPAL CODE, PROHIBITING.SKATEBOARD
AND ROLLERBLADE CRUISING
THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 4-2.1011 is added to the Atascadero Municipal Code to read as
follows:
4-2.1011. Cruising on Skateboards and Rollerblades prohibited.
(a) It is unlawful for any person on a skateboard, rollerblades or similar device
to cruise on any public or privately owned sidewalk, parking lot or pedestrian
walkway that is generally held open for public use to serve a facility which
serves the public, including, but not limited to, shopping centers, professional
offices, malls, movie theaters, restaurants, hotels, motels, retail stores,
bowling alleys, other business establishments, school sites and administration
building, parks and public buildings.
(b) Cruising is defined as:
(1) Use of skateboard, rollerblades or similar devicefor the sake of use,
without immediate destination, at random or for the purpose of socializing
with other skateboarders or rollerbladeers; or
(2) The repetitive operation of a skateboard, rollerblades or similar device
past a specific point within a period of five minutes. "Specific point" shall
mean a location, in an area described in 4-2.1011(a) utilized by a peace
officer on duty as an observation point in order to monitor conditions for
potential violations of this article.
(c) Any violation of this section shall be punishable as set forth in Section 4-
2.1010.
SECTION 7. EFFECTIVE DATE
aThis ordinance takes effect at 12:01 a.m. on the 31st day after it is adopted. Within fifteen
0000,12
(15) days after this ordinance is adopted, the City Clerk shall cause it to be published
once in a newspaper of general circulation published and circulated in the City of
Atascadero.
SECTION 8. HISTORY
This ordinance was introduced at a regular meeting of the City Council of the City of
Atascadero on January 28, 1997, and adopted by the following vote as an ordinance of
the City of Atascadero at a regular meeting of the City Council on , 1997.
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers
Signed:
Ray Johnson
Mayor of the City of Atascadero
Attest: Approved as to Form:
Marcia Torgerson, City Clerk Roy A. Hanley, Interim City Attorney
skatebrd.ord
0000•}3
Traffic Committee Minutes
. October 23 , 1996
Members Present: George Luna, Council Representative
Lt. Barlow, Police Representative
Steve DeCamp, Community Development Dept.
Valerie Humphrey, Public Works Dept.
Dennis Schmidt, Citizen Representative
John Paulson, Citizen Representative
Howard Gaylord, Citizen Representative
Staff Present: Brian Sword, Street Supervisor
1) Call to Order
2) Approval of Minutes of previous meeting (9-18--96)
3) Public Comment
Debbie Shannon and Jennifer Eickenmeyer spoke to the
Committee regarding pedestrian safety in the vicinity of San
Benito School . They submitted a proposal they had prepared (see
attachment) stating what they would be willing to do and what
they would like to see the City accomplish.
The Committee discussed the proposal submitted and agreed
to place this on the agenda for the November meeting.
Mike Clark (AUSD) was in attendance and inquired as to the
status of the routes to school project. Councilman Luna
explained that the City has approximately $38 , 000 in that fund
that we are waiting for a response from the PTA about where they
would like it spent. Mr. Clark stated that the PTA was waiting
ivr uv�ivii iivii r �
"I
4) New Business
96-390 Proposed skateboard/skate Ordinance Posting
Rick Mathews from the ARC: and George Beatie, Chairman of ;-;e
Parks and Recreation Committee addressed the committee on this
issue.
Mr. Matthews stated that he feels that the violations have
subsided, perhaps because of the start of school and the
beginning of winter weather. It was Mr. Matthews opinion that we
would certainly post the Taco Bell area and the Senior Citizen
are out of respect for those business_ owners who have been so
impacted the this issue.
Councilman Luna suggested that we develop channels to funnel
• the riders through the business areas to the skate; park.
0000.11}
Lt. Barlow stated that the problem in front of the Senior
Center has been reduced because of the Drug Free Zone and the
enforcement of loitering laws but that the calls the PD from the .
Taco Bell/Kragen area have not slowed down.
George Beatie spoke in favor of posting busy areas and
suggested an Ordinance which would allow the owners to post signs
and the police to fine on an increasing scale determined by the
number of calls received for a specific offender.
Councilman Luna suggested posting No Skating/Skateboards on
East Mal.
Motion by Lt. Barlow and seconded by Howard Gaylord to
approve the posting as outlined in Sgt. Fredericks proposal.
Councilman Luna and Dennis stated that they could not
support that proposal.
Steve asked Lt. Barlow how the posting would work and Barlow
responded that we could post each end of the zone and then
stencil the sidewalks.
AYES: Lt. Barlow, John Paulson, Steve DeCamp, Howard Gaylord,
Valerie Humphrey
NOES: Councilman Luna, Dennis Schmidt
96-391 Low visibility in the 5000 block of Olmeda
96-392 Truck Parking on Marchant Avenue/Hw'y 41
It was determined by Lt. Barlow that the parking of a
truck at this location did not block the sight of
VG1111..1GJ pulling intoandVi.l�. vt Ziac 1%v pure uuDuc viay.
It is apparently the same truck is parking there
frequently. PD will determine who the owner is and
contact them regarding the complaint.
96-393 Curve in roadway at hill - Sombrilla
Brian to install Botts Dots to delineate the
centerline.
96-394 Request for 15 minute parking zone in front of San
Gabriel Road School
Mr. Clark, San Gabriel Road School, stated that they were
going to provide on-site parking for staff and special events and
that they needed the front of the school for short term use.
Motion by Steve and seconded by Barlow to approve 15 minute
parking along the frontage of the school.
•
0000115
i
MEMORANDUM
Date: December 16, 1996
To: Roy Hanley, Deputy City Attorney
From: Geoff English, Recreation Supervisor(,q
Through: Brady Cherry, Director of Community Services,0�j
Subject: Skating Ordinance
Thank you for attending the meeting held on Wednesday, December 11,
at which we discussed the Skating Ordinance.
As you are aware, the Parks and Recreation Commission recommended
to the City Council, areas to be posted where skating would be
prohibited. The Commission's recommendation conflicted with that of
the Traffic Committee. I'm assuming that you will present both
recommendations to the City Council along with the proposed "Skater
Cruising Ordinance" that was discussed at our meeting.
To assist with your report, I have provided a copy of the maps proposed
by the Parks & Recreation Commission and a copy of the minutes from
this meeting. If I can be of assistance, please do not hesitate to call me
at 461-5003.
•
0000116
/ C
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0000,18
rL)"R A F T
AGENDA ITEM: 4
DATE: 1-16-97
CITY OF ATASCADERO •
PARKS AND RECREATION COMMISSION
MINUTES
NOVEMBER 21, 1996
ITEM 1 - CALL TO ORDER:
Meeting called to order at 7 :03 P.M.
ITEM 2 - ROLL CALL/FLAG SALUTE: STAFF PRESENT:
Chairperson Beatie Geoff English
Commissioner Smart Sheree Schluter
Commissioner Butz
Commissioner Davis
Commissioner Peters
Commissioner Hood
Commissioner Dahlen
Student Representative Grace Kim (excused - ill)
ITEM 3 - PUBLIC COMMENT:
Eric Greening concerned with the rainy weather and how off-road vehicles
like to tear up in the mud, inquired about the status on the physical
effort being done to keep vehicles off and out of Stadium Park.
Chairperson Beatie replied that he is not involved in Stadium Park and
will speak with Brian and Brady to see what has been done.
ITEM 4 - MINUTES:
October 17, 1996 minutes were approved as printed with a correction of
Commissioner Davis's absence to an excused absence and that the
Community Band Benefit concert will be held on November 19th instead of
November 17th.
Chairperson Beatie motioned to approve the October 17, 1996 minutes.
Moved by Commissioner Butz.
Seconded by Commissioner Hood.
Carried 7 :0.
After the approval of the October minutes, Chairperson Beatie and Geoff
English directed the commission to go out of sequence and continue with
ITEM 6A. , followed by ITEM 5A.
ITEM 6 - NEW BUSINESS:
A. YOUTH CENTER LEASE:
Staff recommended to the Parks and Recreation Commission to approve the
lease to the Spotlight Ministries which is a Friday night Youth Program
that caters to teens: an alternative place to go other than "hang" out
somewhere in town.
1
0000,19
AF
It has been organized by Delinda Madero and Sue Guerero. It is a non-
religious program, open to anyone between the ages of 10 and 16. They
• average over 100 kids every Friday night and they have approximately 25
volunteers each Friday night. It is a good example of the City's
grouping with non-profit groups.
The Youth Center Lease, once approved by the Commission will then go on
to the City Council for their approval.
Delinda Madero gave a short presentation and spoke on how it is a fun
safe place for area youth which has now been in existence for the past
year. She brought a couple of the youth participants with her. The
first to speak was Brandon who was 10 years old and said that the Youth
Center is a fun place to go, that it keeps people off the streets; it's
nice and hopes we can keep it.
Delinda gave some background history on the youth program. She lives in
SLO, her brother produces Action House; She attended an ARCC meeting in
1995 with Sue and it is there where her enthusiasm started. On November
10, 1995 they opened the Friday night program with literally nothing and
have built to what they have today. Originally the hours were 6-10 p.m.
with the age groups of 10 - 18 year olds. In the future, it will be
open from 6:30 to 9:30 p.m. and open to ages 10 through 16. Over the
past year they have had over 4,200 kids enjoy this program. They like
the Friday night youth program because it provides a place that kids can
call their own. The primary age group that utilizes the program come
from the Junior High School.
Johnathon from San Gabriel Elementary school spoke to the commissioners
adding that he goes there primarily to help Sue and Delinda and have
fun. It's a fun, safe place and hopes it can remain';,, open.
Commissioner Hood said that the County is going to help with the $75.00
per month lease expense.
Commissioner Butz commented on the great youngsters who are going
through the program.
Commissioner Barbara Butz moved to recommend approval to the City
Council the Youth Center Lease between the City and Spotlight
Ministries.
Seconded by Commissioner Dahlen.
Carried 7 :0
ITEM 5 - OLD BUSINESS:
A. ENDORSEMENT OF SKATEBOARD ORDINANCE TRAFFIC COMMITTEE
RECOMMENDATION.
Staff recommended areas for posting signs to prohibit skating. Staff
believes that total banning is not necessary. There are "problem" areas
that need to be addressed; however, since the skatepark opened, it
accommodates 25-30 kids per day. The problem areas: are: East Mall,
past the Senior Citizens Center, all around City Hall, Entrada and one
side of Traffic Way, where the open businesses are. Staff recommends
leaving West Mall open providing access to the Junior and High School.
2
000030
DRAFT
An additional problem area would be between Vons and Pueblo (East side
of E1 Camino Real) .
Chairperson Beatie spoke with all of the business owners along the East
side of El Camino Real between Pueblo and Vons and none of them favored
an outright banning of skateboarding as long as the kids are on the
sidewalk. The furniture store, liquor store, Kragen's, Napa, Taco Bell,
and others agreed that there hadn't been any problems since the skate
park opened. They felt that an outright ban would be unrealistic and
unenforceable.
Commissioner Butz commented that right after the commission spoke on the
subject, she saw kids going up on the sides of buildings.
Chairperson Beatie directed the commission to review Grover Beach's
recently passed skate ordinance and sliding fine schedule.
Chairperson Beatie asked the commission to consider the following:
1. Issuance of citations
2. Ask the City Council to establish increased fees for these
citations.
3. Involve Peer Court if person cannot pay his/her fine and use
community service.
4. Regulate these monies to be used to restore damaged
properties.
Chairperson Beatie asked Geoff English if skate parks could be built so
that they are self-running (without staff) .
Geoff did not recommend an unsupervised skatepark at this time.
Potential conflicts exist because of other tenants who use the building.
Commissioner Peters stated that she would like a specific fund for the
monies from the citations to go into or to split with the police
department. She hasn't noticed "groups" of kids skating, but she has
noticed skaters between Hwy 41 and Union Bank.
PUBLIC COMMENT:
Jerry Clay: Commended Delinda's presentation and asked if same
presentation could be presented to City Council. He also commented that
the citation monies should be put back into recreation and finishing the
skate park project. Disagrees with Commissioner Peters on areas of
designation by Vons.
Commissioner Butz: The driveway by Union Bank is a bad one because
you're watching traffic down El Camino Real and people getting off the
freeway.
Commissioner Dahlen agreed that it's a bad area.
Commissioner Davis also agreed.
Commissioner Smart feels that the biggest problem with kids is that the
kids don't stop on their skateboards, and the left hand turn lane. Kids
cut across the access areas. He feels comfortable with recommendations
3
0000A
e
that Geoff has presented.
• Chairperson Beatie asked the commission to endorse staff's
recommendation and to extend it to the second entrance into Vons
shopping center.
Moved by Commissioner Davis to approve staff's original recommendation
for posting areas.
Seconded by Commissioner Peters.
Carried 7 :0.
Moved to amend the proposal by staff to extend to the North side of the
second entrance at Vons shopping center.
Seconded by Commissioner Peters to amend the recommendation to extend
the posted area down to the car lot.
Carried 7 :0.
Motion by Commissioner Butz: Instead of ending at the car lot to extend
to Hwy 41.
Seconded by Commissioner Peters.
Carried 7 :0.
Ayes: 7
Nays: 0
Chairperson Beatie recommends to City Council that they should encourage
the issuance of citations and progressive fines, and fines be reserved
for skateboard park improvements or private property restoration and the
peer court be involved when cited person cannot (unable to) pay fine.
• 5.B. CITY BUDGET/DEPARTMENT REORGANIZATION
Brady's additional assignments:
Dial-a-Ride
Risk Management
Claudia is getting increased help at the zoo this year and she'll be
able to go out into the community and do PR work. Community Services
will gain an additional half-time secretary with a full time secretary
from upstairs. This will be Sheree's last night as the Parks and
Recreation Commission Secretary. Community Services will be assuming a
central cashier and public will benefit.
ITEM 7 - COMMITTEE REPORTS:
A. TRAILS SUB COMMITTEE:
The De Anza Trail reenactment took place in the rain. Myra Douglass
should be commended on the work that she did organizing the event.
B. CITY/SCHOOLS COMMITTEE:
The City/Schools Committee have not met. They had been scheduled to
meet on November 21st, however this meeting was canceled. A new meeting
has been scheduled for the 19th of December at 1:30 p.m. at the school
district.
4
OoOO52
i
C. A.R.C.C. :
The ARCC subcommittee has been looking into grants for which many of the
foundations qualify. Packets still need to be put together for these
foundations, to assist them in writing for the grants.
D. ATASCADERO YOUTH TASK FORCE:
Grace Kim is our representative for the Atascadero Youth Task and this
evening she is ill. Tonight is "Party Smart for Parents" . A panel of
2 parts (Dec. 5th is the next one, however it is the same night as ARCC,
therefore we may want to reschedule the ARCC meeting.
ITEM 8 - CORRESPONDENCE:
A. COMMISSIONERS AND BOARD MEMBERS RECOGNITION AWARDS:
Geoff will provide information monthly. A few years ago commissioner
membership was budgeted for CPRS and the annual conference. However,
this year all training funds were taken away.
ITEM 9 - COMMISSIONER COMMENTS:
Commissioner Butz: ZOO BOO: Successful event; brought in $2, 100. $875
in paid attendance (at $1.00 per person. ) The kids' age groups appeared
to be under the 6th grade. The kids who attended the booths and during
clean-up were wonderful. Her main concern is the lighting in the
parking lot. There were so many people going back and forth, especially •
with kids and the parking lot lights appeared very dim. She recommended
increasing the lighting in the parking lot. She feels that sensor
lights would be good. This is a matter of safety and avoiding the
possibility of a lawsuit.
Chairperson Beatie, Ed Goshorn and Geoff English met this week to think
about long term bike lanes. Policy in place is to establish new bike
lanes. No real decision was made, however they said that they are
willing to serve on a subcommittee.
Dan Davis, George Beatie and Ed Goshorn will be on subcommittee.
A question was asked as to whether or not we wanted to have a PRC
meeting in December. The commission decided that in lieu of the regular
meeting, they would have a Christmas Party at Commissioner Dahlen's
home. Therefore the next scheduled formal meeting will be on January
16, 1997 at 7 :00 p.m.
A discussion was made on the issue of "off-leash" dog law. The County
had a North County meeting to target all residents. There were only 3
or 4 in attendance. Commissioner Dahlen and Smart stated that they
would be opposed to the off leash law and that nearby residents (a
trailer court) by the park may also be opposed. Public hearings will be
held until mid-January. The PRC will not meet formally before the cut-
off.
5
00 00 3
S 4"'='a �Ca eco c�Ji
ITEM 10 - STAFF COMMENTS:
A. DISTRICT 8 CONFERENCE:
Hand-out on Targeting Personal and Professional -Success.
B. CURATORS REPORT - VERBAL:
The verbal curator's report was a hand-out.
ITEM 11 - CALENDAR OF EVENTS:
Susan Macari from the BIA pledged $3,000 to buy Christmas lights for
City Hall. 2,000 feet of lights were purchased. The Fire Dept. and
Arbor Tree will be assisting with their buckets in order to put up the
lights. Eventually we will be abandoning the large trees out in the
Sunken Gardens because of the danger involved, plus the lights are very
expensive. We've decided to light the two cypress trees by the
fountain, around City Hall, the arch and the dome. Susan is also
pushing for more lights in town.
Saturday, November 30th is the official tree-lighting =ceremony from 6:30
to 8: 30. The Atascadero Community Band will begin at 6: 15 p.m.
Commissioner Butz: Invited everyone to participate in "Coats for Kids" .
They take donations for adults too, however, they concentrate on
. children.
ITEM 12 - ADJOURNMENT:
Chairperson Beatie adjourned the meeting at 9:20 p.m. until Thursday,
January 16, 1997 at 7 :00 p.m.
Respectfully submitted:
Sheree Y. Schluter
Secretary
C: \WP5I\PRCOMM\PRCNOV96.MIN
6
000054
REPORT TO CITY COUNCIL Meeting Date: 08/13/96
CITY OF ATASCADERO Agenda Item : C-4
Through: Andy Takata, City Manag
From: Arther R. Montandon, ity Attorney
SUBJECT:
Ordinance No. 307 amending Section 42.1008 and adding Sections 4-2.1009
and 4-2.1010 to the Atascadero Municipal Code prohibiting skateboarding and roller
skating on public property.
RECOMMENDATION:
Adopt Ordinance 307 on second reading by title only.
BACKGROUND:
Ordinance No. 307 was introduced and first read at the City Council meeting of
July 23, 1996. The ordinance, as presented herein, reflects wording amendments
pursuant to Council direction following the public hearing on that date.
DISCUSSION:
At the meeting of July 23`d, the City Council directed staff to refer to the City's
Traffic Committee recommendations submitted by the Police Department for posting
certain public portions of the downtown as areas where skateboarding and roller
skating may be prohibited. Staff notes that an open recruitment for the purpose of
selecting two members-at-large and one youth representative to. serve on the Traffic
Committee will not close until August 23rd. Interviews are tentatively set for August
27`h, with appointments to follow. In order to provide adequate time to initiate new
members, schedule a meeting and insure sufficient notice to the public, a
recommendation by the Traffic Committee is not expected prior to the effective date
of the ordinance (9/12/96). Staff anticipates that a resolution authorizing posting the
downtown will be brought to Council at the first meeting in October.
Attachment: Ordinance No. 307
s
000055
o,,,Cuueo language in bold italics]
ORDINANCE NO. 307
AN ORDINANCE OF THE CITY COUNCIL
OF THAMENDING SECTION 4-2.E
2E 01 TY OF 8 AND ADDING S 0' CALIFORNIA
MUNICIPA i'
TO THE ATASCADERO SECTIONS 4-2.1009 AND 4-2. 1010
L CODE, PROHIBITING SKATEBOARDING
AND ROLLER SKATING ON PUBLIC PROPERTY
THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
Section 1. Section 4-2.1008 is amended to read as follows:
4.2.1008. Skateboards prohibited where posted.
(a) It is unlawful for any person on a skateboard, roller skates
similar device to go on an ates or
Y pubic or privately owned sidewalk
pedestrian walkway that is generally held open for public use to serve a facility whi or
serves the public, including, but not limited to, shoppingy which
malls, movie theaters, restaurants, hotels, motelsretail stores, bowling professioaIleos, 'eF
other business establishments, school sites and administration building, arks a�
Public buildings, if properly posted as set forth in subsection (b) of this section. and
(b) To be properly posted, as required by subsection a o
section, the property must have signs, conspicuously ( ) f this
• areas where skateboarding is prohibited in order to provide re and reasonable
visible h
read as follows: p de reasonable notice, which
SKATEBOARD/NG AND SKATING
PROHIBITED
A.M.C. SECTION 4-2.1008
Section 2. Section 4-2.1009 is added to the Atascadero Municipal
read as follows: ipal Code to
4-2. 1009. Seizure of evidence.
Any device used in violation of an
the enforcing officers as evidence to berremoved,,ovisionostored thisbe
eited ydestro yed by
d of
reclaimed in accordance with the law. Y
Section 3. Section 4-2.1010 is added to the Atascadero Municipal
read as follows: p Code to
Section 4-2. 1010. Penalty.
Violations of any provision of this chapter may be either an
meanor in the discretion of the citing or prosecuting authority. infraction or
isdem
V0
Ordinance No. 307(cont'd)
Page 2 of 2
Section 4. 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 5. This ordinance shall go into effect and be in full force and effect
at 12:01 a.m. on the 31' day after its passage.
On motion by Councilmember 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
ATTEST: i
GEORGE P. HIGHLAND, Mayor
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
00005'7
MEETING AGI=NDA
PiATE 28 l 97 ITEB
M# B-3
MEMORANDUM i
MEMORANDUM
TO: City Council, City of Atascadero
FROM: Roy A. Hanley, Deputy City Attorney
DATE: January 21, 1997
SUBJECT: Newsrack Ordinance
Just over one year ago, the City passed an ordinance defining end regulating adult
businesses. Case law allowed the City to have time, place and manner restrictions on
adult businesses. The ordinance requires adult businesses to provent the display of
specified material to minors. The ordinance, as drafted, does not address the placement
of newsracks containing adult materials in the City of Atascadero.
The City of Santa Barbara recently won a case involving the', interpretation and
enforceability of their newsrack ordinance. You have before yob a version of that
ordinance with the City of Atascadero in mind. The ordinance proposed by staff is attached
as Exhibit "A." Other cities do use a more draconian approach to n�!wsracks. Attached
as Exhibit "B" is a draft ordinance that provides for a more bureaYcratic approach to
• newsrack enforcement.
Staff recommends version "A" for several reasons. Proposition X18 may require an
extensive analyses of any proposed "charges. Staff feels that its time can be better spent
on other matters than creating a proper record to justify fees on neworacks. Atascadero
can't have a fee for adult newsracks without having a fee for all of them. Staff does not
feel that such a fee is appropriate in this city. There is not currently identified in
Atascadero a problem with the number and location of newsracks in gjeneral. The reason
for having an ordinance in place is to prevent the presentation of inappropriate materials
to minors. The short version proposed by staff will accomplish this gool without burdening
current publishers of newspapers and without creating yet another (oyer of bureaucratic
maize for the public to find its way through and staff to administer.
The ordinance as proposed at tonight's council meeting is Exhibit "Pi." You can vote on
that ordinance tonight at its first reading. If you wish to have an ordinance of the type
attached as Exhibit "B," you may give staff direction in this regard, but the ordinance itself
will have to come back for first reading later. The longer ordinance Is in your packet for
your review and comparison, not as a recommendation from staff.
There is no emergency in regards to this proposed ordinance. Th�re are currently no
publications being distributed in newsracks that meet the definition of nappropriate matter
allowed by state law and contained in the proposed ordinance. If in fat such a publication
000058
1
begins distribution by way of newsrack before this ordinance becomes final, it will not be
"grandfathered" in the same way the current adult business on El Camino. The ordinance
proposed will be enforceable against such publications as soon as it becomes effective.
Staff is not aware of any current threats to place such materials in newsracks within the
limits of the City. Deputy City Attorney, Roy A. Hanley, recently attended one of the
quarterly meetings of the central coast public counsels association. Many cities do not
consider it necessary to adopt ordinances such as the one proposed. These other cities
state that they have had success working with publishers on a cooperative basis. You do
not have to pass such an ordinance. You can direct staff to work with any publishers that
come into the City, if and when materials as defined in the penal code are first proposed
to be distributed.
0000.1)9
ORDINANCE NO. 3-7-1
AN ORDINANCE OF THE CITY OFCADE
ATAS RO
PROVIDING FOR THE REGULATION OF NEWSRACKS
AND REPEALING SECTIONS INCONSISTENT THEREWITH
WHEREAS, the city recognizes the possible harmful effects on children and minors
exposed to the materials that are harmful as defined in Section 313 of the Penal Code of
the State if such materials are displayed in a public place, other than a public place from
which minors are excluded, unless blinder racks are placed in front of the materials that
the lower two-thirds of the material is not exposed to view; and
WHEREAS, the City Council has considered the decisions of the United States
Supreme Court, decisions of various federal courts of appeal, as well as decisions of the
Supreme Court of the State of California and the Courts of Appeal of California, regarding
local regulation of newsracks, including but not limited to: Kash Enlprprises. Inc. v. Cily
of Los Angeles (1977) 19 Cal 3d. 294; Smith v. California (1959) 361 U.S. 147; Ginsberg
v. New York (1968) 390 U.S. 629; American Booksellers v. Webb (11th Cir. 1990) 919
F. 2d 1493; and Berry v. City of Santa Barbara (1995) 40 C.A. 4th 11075; and
WHEREAS, the City Council has determined that the California Penal Code alone
• does not adequately protect minors from harmful material; and
WHEREAS, it is not the intent of this ordinance to deny adults access to materials
protected by the First Amendment, but to eliminate only the display of harmful matter to
children and minors.
NOW THEREFORE, The City Council of the City of Atascadero does ordain as
follows:
SECTION 1. PURPOSE.
The intent and purpose of this section is to promote the public peace, morals, health,
safety and general welfare by regulating the placement and appearance of newsracks so
as to protect against the dangers of the public dissemination and/or display of harmful or
offensive matters to minors.
The City Council finds and determines that the strong and competing interests of the public
and of newspapers require a reasonable accommodation which can only satisfactorily be
achieved through the means of this section which is designed to accommodate such
interest by regulating the time, place and manner of using newsracks. It is not the intent
of this section to in any way discriminate against, regulate or interfere with the publication,
1
000060
circulation, distribution or dissemination of any newspapers.
SECTION 2. DEFINITIONS. •
For the purposes of this section, the words set out in this section shall have the following
meanings:
1. "Newsrack" means any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display and sale of
newspapers or new periodicals.
2. "Person" means any individual, company, corporation, association, business or
other legal entity.
SECTION 3. STANDARDS AND SPECIFICATIONS.
1. No person shall knowingly display to public view in any newsrack or other
display device, any material which is defined by Penal Code Section 313 et
seq. as harmful to minors, photographs or pictorial representations of the
commission of any of the following acts: sodomy, oral copulation, sexual
intercourse, masturbation, bestiality or an exposed penis in an erect and turgid
state, unless such material is:
(a) Displayed in an area from which minors are excluded, or
(b) Is covered by a device, commonly known as a "blinder rack," such that
the lower two-thirds (2/3) of the material is not exposed to view.
2. A person commits the offense of disseminating harmful materials to minors, as
defined under§ 313 et seq. of the Penal Code, if, with or without consideration
and knowing the character or content of the material, he knowingly:
(a) Sells, furnishes, presents, or distributes to a minor material that is harmful
to minors, without consent of a parent or guardian; or
(b) Allows a minor to review or peruse material that is harmful to minors
without consent of parent or guardian.
SECTION 4. NON-CONFORMING NEWSRACKS.
1. The provisions of Section 1 shall apply to all newsracks whether installed and
•
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000061
maintained prior to or after the effective date of any of the provisions herein.
Those newsracks installed prior to the effective date of any provision enacted
herein shall be brought into compliance with said provisions within thirty (30)
days of the effective date thereof.
2. Any newsrack not brought into compliance within the aforementioned time
period shall be deemed to be in violation of this section.
3. Penalty. Any person violating any of the provisions of this section shall be
guilty of an infraction, and upon conviction thereof, shall-be subject to a fine
not to exceed fifty dollars ($50.00) for first violation; a fine not exceeding one
hundred dollars ($100.00)for a second violation of the same section within one
(1) year; a fine not exceeding two hundred dollars ($200.00) for each
additional violation of the same section within one year. Each day that such
violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
SECTION 5. SEVERABILITY.
If any section, subsection or clause of this ordinance shall be deemed to be
unconstitutional or otherwise invalid, the validity with the remaining section, subsection
and clauses shall not be effected thereby.
SECTION 6. CONFLICTING ORDINANCE REPEALED
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
SECTION 7. EFFECTIVE DATE
This ordinance takes effect at 12:01 a.m. on the 31st day after it is adopted. Within fifteen
(15) days after this ordinance is adopted, the City Clerk shall cause it to be published
once in a newspaper of general circulation published and circulated in the City of
Atascadero.
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0000621'
SECTION 8. HISTORY
This ordinance was introduced at a regular meeting of the City Council of the City of
Atascadero on January 28, 1997, and adopted by the following vote as an ordinance of
the City of Atascadero at a regular meeting of the City Council on , 1997.
AYES: Councilmembers
NOES: Councilmembers:
ABSTAIN: Councilmembers:
ABSENT: Councilmembers:
Signed:
Ray Johnson
Mayor of the City of Atascadero
Attest: Approved as to Form:
Marcia Torgerson, City Clerk Roy A. Hanley, Interim City Attorney
news2.ord
4
000063
ORDINANCE NO.
• AN
ORDINANCE OF THE CITY OF ATASCADERO
PROVIDING FOR THE REGULATION OF NEWSRACKS
AND REPEALING SECTIONS INCONSISTENT THEREWITH
WHEREAS, the city recognizes the possible harmful effects on children and minors
exposed to the materials that are harmful as defined in Section 313 of the Penal Code of
the State if such materials are displayed in a public place, other than a public place from
which minors are excluded, unless blinder racks are placed in front of the materials that
the lower two-thirds (2/3) of the material is not exposed to view; and;
WHEREAS, the City Council has considered the decisions of the United States
Supreme Court, decisions of various federal courts of appeal, as well as decisions of the
Supreme Court of the State of California and the Courts of Appeal of California, regarding
local regulation of newsracks, including but not limited to: Kash enterprises, Inc. v. City
of Los Angeles (1977) 19 Cal 3d. 294; Smith v. California (1959) 361 U.S. 147;
Ginsberg v. New York (1968) 390 U.S. 629; American Booksellers v. Webb (11th Cir.
1990) 919 F. 2d 1493; and Berry v. City of Santa Barbara (1995) 401:C.A. 4th 1075; and
WHEREAS, the City Council has determined that the California Penal Code alone
does not adequately protect minors from harmful material; and
WHEREAS, it is not the intent of this ordinance to deny adults access to materials
protected by the First Amendment, but to eliminate only the display iof harmful matter to
children and minors.
NOW THEREFORE, The City Council of the City of Atascadero does ordain as
follows:
SECTION 1. PURPOSE.
The intent and purpose of this section is to establish a comprehensive set of regulations
applicable to newsracks on the public right-of-way and other public property. The purpose
of this section is to advance and improve safety and aesthetics by controlling the number,
size, construction, placement and appearance of newsracks without restricting the free
dispersal of information guaranteed by the Constitution of the United States and the State
of California.
More specifically, the purpose of this section is to promote the public peace, morals,
health, safety and general welfare by regulating the placement, appearance, servicing and
insuring of newsracks so as to protect against the dangers of impairing or distracting the
• 1
000064
vision of motorists and pedestrians; the hazards of unreasonably interfering with or
impeding the flow of pedestrian or vehicular traffic, including ingress into or egress from
any residence or place of business, or from the street to the sidewalk by persons exiting
or entering parked or standing vehicles; unreasonably interfering with the use of public
property for its intended purpose; unduly restricting access to the use of poles, posts,
traffic signs or signals, hydrants, mailboxes or locations used for transportation purposes;
unsightly structures; neglectful servicing of newsracks resulting in visual blight on public
rights-of-way and other public property and detracting from the aesthetics of store window
displays, adjacent landscaping and other improvements; reduction in value of surrounding
property; unnecessary exposure of the city to personal injury or property damage claims
or suits; and public dissemination and/or display of harmful or offensive matters to minors.
The City Council finds and determines that the strong and competing interests of the public
and of newspapers require a reasonable accommodation which can only satisfactorily be
achieved through the means of this section which is designed to accommodate such
interest by regulating the time, place and manner of using newsracks. ' It is not the intent
of this section to in any way discriminate against, regulate or interfere with the publication,
circulation, distribution or dissemination of any newspapers.
SECTION 2. DEFINITIONS.
For the purposes of this section, the words set out in this section shall have the following
meanings:
1. "Newsrack" means any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display and sale of
newspapers or new periodicals.
2. 'Parkway" means that area between the sidewalk and the curb of any street, and
where there is no sidewalk that area between the edge of the roadway and the property
line adjacent thereto. Parkway also includes any area within a roadway which is not open
to vehicular travel.
3. 'Person" means any individual, company, corporation, association, business or
other legal entity.
4. "Public property" means parks, squares, plazas and any and all other real
property owned by the city.
5. 'Right-of-way" means land which by deed, conveyance, agreement, easement,
dedication, usage or process of law is reserved for and dedicated to the general public for
street, highway, alley, pedestrian walkway, storm drainage, bicycle path or other
purposes.
2
000065
6. "Roadway" means that portion of a street improved, designed or ordinarily used
• for vehicular travel.
7. "Sidewalk" means any surface provided for the exclusive use of pedestrians.
8. "Street" means all that area dedicated to public use for public street purposes
and includes, but is not limited to, roadways, parkways, alleys and sidewalks.
SECTION 3. PERMITS.
1. No person shall install or maintain any newsrack which in whole or in part rests
upon, in or over any public right-of-way or other public property with, first obtaining a
permit therefor from the city engineer. An application for said permit shall be filed with the
city engineer. An amended application for said permit shall be filed with the city engineer
in the event that additional newsracks are installed in the city or removed from the city by
the applicant subsequent to the issuing of the original permit by the city.
2. Applications for permits required by this section shall be filed with the city
engineer upon printed forms to be prescribed and supplied by him or her. The application
shall be signed by the applicant and shall state the following:
a. The name and address of the applicant;
• b. The number of newsracks and location(s) of the proposed installation or
maintenance of the newsrack(s);
c. The date that said newsrack(s) is proposed to be installed or maintained;
d. The nature, type and model of the newsrack(s) proposed to be installed or
maintained;
e. That the applicant agrees, upon expiration or revocation of the permit, to
immediately restore the public right-of-way or other public property to its condition
prior to the installation or maintenance of the newsrack(s);
f. The name, address, and telephone numbers of a responsible
individual whom the city may notify of contact at any time concerning the
applicant's newsrack(s);
g. Any additional information which the director of municipal services may
deem necessary for the proper disposition of the application.
3. Not more than one permit shall be required for each applicant regardless of the
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000066
number of newsracks proposed to be installed or maintained.
4. Prior to the issuance of a permit, the applicant shall pay an annual permit fee
provided by resolution of the City Council. The fee required shall apply to each newsrack
installed or maintained by the applicant.
5. In addition to the annual permit fee payable pursuant to subsection (4), each
applicant shall pay an annual permit fee provided by resolution of the City Council. The
fee required shall apply to each newsrack installed or maintained by the applicant.
6. In addition to the permit application, each applicant shall also execute a
document, approved as to form by the city attorney, agreeing to hold the city, its officers,
employees and agents free and harmless from any claim demand or judgment in favor of
any person, arising out of the location of any newsrack located upon, in or over a public
right-of-way or other public property and deposit with the city clerk a certificate of
insurance evidencing that a liability insurance policy in minimum amounts set by the City
Council has been issued, naming the city as an additional insured, and containing 'a
provision that the policy cannot be cancelled except upon twenty (20) days' written notice
to the city of the fact of such cancellation. If such insurance is cancelled at any time during
the time the newsrack is installed or maintained on public property, said newsrack shall
be removed in accordance with the provisions of this section.
7. Each permit shall be valid for a period of one (1) year, and shall be renewed in
the same manner set forth in this section for original applications.
8. Each permit shall be issued only to the person by the permittee. If any permittee
assigns his permit to another, the permit will be deemed revoked as of the time of the
attempted assignment.
SECTION 4. STANDARDS AND SPECIFICATIONS.
1. No person shall install, use or maintain any newsrack which projects onto, into
or over any part of the roadway of any public street, or which rests, wholly or in part,
upon, along or over any portion of a roadway.
2. No person shall install, use or maintain any newsrack which in whole or in part
rests upon, in or over any public right-of-way or other public property, when such
installation, use or maintenance endangers the safety of persons or property, or when
such site or location is used for public utility purposes, public transportation purposes or
other government use, or when such newsrack interferes with or impedes the flow of
pedestrian or vehicular traffic, the ingress into any legally parked or stopped vehicle, or
the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects
4
000067
permitted at or near said location, when such newsrack interferes with'the cleaning of any
sidewalk by the use of mechanical sidewalk cleaning machinery, or when such newsrack
interferes with the ordinary use of public property.
3. Any newsrack which in whole or in part rests upon, in or over any public right-of-
way or other public property, shall comply with the following standards:
a. Stands for newsracks shall be single pedestal, K-Jack Style Mounts, model
100 or equivalent. Newsrack mount shall be painted black.
b. No newsracks shall exceed sixty (60) inches in height,,thirty (30) inches in
width, or twenty-four (24) inches in depth.
c. Newsracks shall only be placed near a curb or adjacent to the wall of a
building. Newsracks placed near the curb shall be placed:no less than twelve
(12) inches nor more than thirty-six (36) inches from the edge of the curb.
Newsracks placed adjacent to the wall of a building shall be placed parallel to
such wall and not more than six (6) inches from the wall. The provisions of
subsection (3) (h) (8) of this section shall prevail over the foregoing.
d. No newsrack shall be chained, bolted or otherwise attached to any property
or to any permanently fixed object not owned by the owner of the newsrack,
unless the consent of the owner of such property or object is obtained in writing
and presented with the permit application.
e. Newsracks may be placed, chained or otherwise attached to one another;
however, no more than three (3) newsracks may be joined or placed together in
this manner, and a space of no less than eighteen (18) inches shall separate
each group of three (3) newsracks so attached.
f. No newsrack, or group of attached newsracks allowed under subsection (3)
(e) of this section shall weigh, in the aggregate, in excess of one hundred twenty-
five (125) pounds when empty.
g. Every newsrack shall be installed on a single pedestal or a multiple post
which shall be securely anchored to the ground and shall be constructed,
installed and maintained in a safe and secure condition approved by the director
of municipal services.
h. No newsrack shall be placed, installed, used or maintained:
(1) Within five feet (5) of any marked crosswalk;
5
00()0(;8
(2) Within fifteen (15) feet of the curb return of any unmarked crosswalk,
(3) Within five (5) ';eet of any fire hydrant, fire cal Ibox or other emergency
facility;
(4) Within five (5)feet ahead of and fifteen (15) feet to the rear of any sign
marking a designated bus stop;
(5) Which is attached to any parking meter, traffic signal, fire hydrant,
street light, power pole, sign post, tree or refuse container;
(6) Within five (5) feet of any bus bench or bus shelter;
(7) At any location whereby the clear space for the passageway of
pedestrians is reduced to less than six (6) feet;
(8) Within five(5) feet of any display window of any building abutting the
sidewalk or parkway or in such manner as to impede or interfere with the
reasonable use of such window for display purposes;
(9) So that the front face or display window of the newsrack is within three
(3) feet of any lawn, flowers, shrubs or trees;
(10) Within five (5) feet of any bicycle rack.
i. The placement of all newsracks in the city shall comply with all local and
state handicapped accessibility regulations.
j. No newsrack shall be used for advertising signs or publicity purposes other
than to state the name of the newspaper or news periodical sold therein on the
display window only of the newsrack.
k. Each newsrack shall be maintained in a clean, neat and attractive condition
and in good repair at all times so as not to become mechanically inoperable or
have cracked or broken coverings or casings. If an inspection is required
concerning maintenance, the owner of said newsrack shall be charged a ten
dollar ($10.00) inspection fee for each newsrack so inspected.
(1) No more than newsracks shall be located upon, in or over any
public right-of-way or other public property within a space of two hundred
(200) feet in any direction within the same block of the same street. In
determining which newsracks shall be permitted, the city engineer shall be
guided solely by the following criteria;
6
UUU0f9
(a) First priority shall be given to newsracks used for the sale
sof publications which have been adjudicated to be
newspapers of general circulation for SanLuis Obispo `county
pursuant to the procedure set forth in the Government Code.
(b) Second priority shall be given to newsracks used for the
sale of daily publications (those published on five (5) or more
days in a calendar week) which have not'been adjudicated to
be newspapers of general circulation for San Luis Obispo
County.
(c) Third priority shall be given to newsracks used for the
sale of weekly publications (at least one (1) publication
having been published in a calendar week) which have not
been adjudicated to be newspapers of general circulation for
San Luis Obispo County.
(d) Subject to the priorities listed, any publication not deemed
to fall under the definitions of the above classes shall
constitute a miscellaneous category and shall be eligible on
a "first come, first served" basis to secure remaining
available newsrack space pursuant to this section.
(e) In the event that there is a conflict between newspapers
within the same priority seeking the same3 location, and there
are insufficient newsrack spaces remaining to accommodate
the competing newspapers, after first filling as many spaces
as possible by utilizing the criteria set forth above, then the
city engineer or his/her designated representative shall
assign the space or spaces at random by placing the names
of all applicants for the remaining spaces at a location into a
container from which the names shall be drawn, one at a
time, until the particular locations' remaining number of
unfilled newsracks has been filled. Such drawing shall be
open to the public at a time and date designated by the city
engineer or his/her designated representative.
(2) Every person who places or maintains a newsrack upon, in or
over any public right-of-way or other public property shall
permanently affix to each newsrack the permittee's name, address,
telephone number and permit number in a' place where such
information may be easily seen.
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0000'70
(3) No person shall knowingly display to public view in any
newsrack or other display device, any material which is defined by
Penal Code Section 313 et seq. as harmful to minors, photographs
or pictorial representations of the commission of any of the following
acts: sodomy, oral copulation, sexual intercourse, masturbation,
bestiality or an exposed penis in an erect and turgid state, unless
such material is:
(a) Displayed in an area from which minors are excluded, or
(b) Is covered by a device, commonly known as a "blinder
rack," such that the lower two-thirds (2/3) of the material is
not exposed to view.
(4) A person commits the offense of disseminating harmful
materials to minors, as defined under § 313 et seq. of the Penal
Code, if, with or without consideration and knowing the character
or content of the material, he knowingly:
(a) Sells, furnishes, presents, or distributes to a minor
material that is harmful to minors; without consent of a parent
or guardian; or
(b) Allows a minor to review or peruse material that is harmful ,
to minors without consent of parent or guardian.
SECTION 5. REMOVAL.
1. Any newsrack installed, used or maintained in violation of the provisions of this
section may be subject to removal and storage by the city engineer. Such officer shall take
steps to notify the permittee/owner thereof and request compliance within thirty (30)
calendar days prior to removal. At any time within said thirty (30) day period an
administrative hearing to challenge the existence of a violation may be requested by the
permittee. Failure to request the hearing shall result in removal and storage of the
newsrack(s) by the city engineer at any time after the expiration of the thirty (30) day
period.
2. If the permittee requests a hearing as provided in Paragraph 1 above, said
hearing shall be scheduled within five (5) days of the request and shall be administered
by the city engineer or his designee. The permittee shall have thirty (30) days from the
date of any adverse ruling which may result from the hearing to comply with the provisions
specified in the ruling. If after thirty (30) days from the date of decisions the permittee has
failed to comply with the provisions(s) of this section cited in the decision, the subject
8 •
000071
R
newsrack(s) shall be removed and store by the city engineer.
• 3. The cost of removal and/or storage b the cit engineer of ars newsrack subject
g Y Y 9 Y 1
to this section shall be chargeable as a civil debt to the permittee thereof and may be
collected by the city in the same manner as it collects any other civil debt or obligation.
In addition, the newsrack(s) in questions shall be deemed to be unclaimed property and
may be disposed of in accordance with law.
4. In the case of violation of this section relative to restrictions',upon attachment of
newsracks to property or fixed objects other than that owned by the owner of the
newsracks and restrictions upon location of newsracks, the city engineer or any person
designated by same, may, as an alternative to removal, remove such attachment and/or
move such condition, and thereafter the permittee shall be notified of such corrective
action and shall pay the cost thereof.
5. The city engineer, or any person designated by same, may summarily remove
any newsrack where its installation, use or maintenance poses a danger to pedestrians
or vehicles, or otherwise unreasonably interferes with the safe use of any public right-of-
way or other public property. After the removal of the newsrack, the permittee shall be
notified thereof. Upon failure of the permittee, following such notice,;, the newsrack shall
be deemed unclaimed property in possession of the city and may be disposed of pursuant
to law.
SECTION 6. NON-CONFORMING NEWSRACKS.
1. The provisions of Section 1 shall apply to all newsracks whether installed and
maintained prior to or after the effective date of any of the provisions herein. Those
newsracks installed prior to the effective date of any provision enacted herein shall be
brought into compliance with said provisions within thirty (30) days of the effective date
thereof.
2. Any newsrack not brought into compliance within the aforementioned time
period shall be deemed to be in violation of this section.
3. Penalty. Any person violating any of the provisions of this section shall be guilty
of an infraction, and upon conviction thereof, shall be subject to a fine not to exceed fifty
dollars ($50.00) for first violation; a fine not exceeding one hundred dollars ($100.00) for
a second violation of the same section within one (1) year; a fine not exceeding two
hundred dollars ($200.00) for each additional violation of the same section within one
year. Each day that such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
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000072
SECTION 7. SEVERABILITY.
If any section, subsection or clause of this ordinance shall be deemed to be
unconstitutional or otherwise invalid, the validity with the remaining section, subsection
and clauses shall not be effected thereby.
SECTION 8. CONFLICTING ORDINANCE REPEALED
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
news.ord
10
0000'73
i
REPORT TO CITY COUNCIL ITEM: C-1
DATE: JANUARY 28, 1997
i
FROM: BRADY CHERRY, DIRECTOR OF COMMUNITY StRVICES
THROUGH: ANDREW J. TAKATA, CITY MANAGER
i
SUBJECT:
3
SERVICE AND FUNDING LEVEL OPTIONS FOR THE ATASCADERO LAKE
PAVILION
RECOMMENDATION:
The Parks and Recreation Commission and City Staff, recommend that the City Council
direct staff to develop and return for your future authorization, fees, po0cies and
procedures for the Atascadero Lake Pavilion based on the Social Hall Concept described
in this report.
BACKGROUND:
In March of 1993, the Atascadero Lake Pavilion was dedicated and ope p for operation.
The new Pavilion replaced the previously condemned Pavilion, which h d served for
decades as a location of a wide variety of community functions. The citizens of
Atascadero participated actively in the development of the new Pavilion by raising over
$100,000.00 which paid for most of the furniture and equipment currently in the building.
The design and construction costs for the Pavilion, which totaled approximately 1.3
million dollars, were paid for by the City of Atascadero through the sale of Certificates of
Participation Bonds (C.O.P.) and from General Fund reserves. The City continues to pay
back these C.O.P. bonds by annual payments of approximately $32,000.00, which are not
included in the Pavilion's annual operating costs. The C.O.P. payments are made from
development fees for Parks.
The Pavilion continues to be an extremely popular facility and demand fbr use by the
public is high. The popularity of the Pavilion can be attributed to its prejmiere location and
beautiful design as well as the affordable rates, particularly for non-profit groups and
organizations. By allowing the Pavilion to be used at reduced costs for(Recreation
activities and non-profit groups, we have created a quasi-Community C�nter. Due to our
existing rental policies and fee schedules at the Pavilion, we have hada annual operating
loss of approximately $10,000.00, primarily due to building maintenance and operating
costs. Despite public perception, existing policies neither allow for full -,ost recovery nor
major general fund subsidy of the operation to cover necessary building maintenance and
fee waivers. As a result of this on-going loss and the City's difficulty in j, ubsidizing this
0000'711
annual shortfall, we can no longer provide the same service levels with the current funding
levels.
On Thursday, June 20 1996 the Atascadero Parks and Recreation
Commission held a
Public Meeting to recommend service and funding levels for the Atascadero Lake
Pavilion. The Parks and Recreation Commission considered four broad concepts
presented by staff for the future operation and funding of the Pavilion. The four (4) broad
concepts, and their respective impacts to the City and the public are as follows:
1. Community Center Concept
This option would continue the current Pavilion management practices and policies
of allowing accessible and inexpensive use by the community and at the same time,
start to deal with the long term maintenance and staffing concerns.
Financial Impact to the City
Increase the annual General Fund subsidy to approximately $30,000.00-
$40,000.00. Similar Community Service facilities operated by public agencies
operate at subsidy levels far exceeding this amount. For details about the
increased budget, see the attached proposed budget. As the City's General Fund
does not have the funds to cover this increased subsidy, alternative funding sources
such as a Park Maintenance Assessment District would have to be considered.
User Impacts of Option #l:
No significant impact to the current users. This is the best option to continue to
allow the Pavilion to be available for affordable access by local organizations. In
addition, we would continue to allow access to the general public access to the
building throughout the day by leaving the facility unlocked.
2. Social Hall Concept
This option would change the level of service at the Pavilion by eliminating the
practice of conducting recreation classes and activities in the facility. In addition,
free use by other City Departments, schools and public agencies would be
discontinued or curtailed. City activities such as staff meetings and special
meetings like North County Council and Parks and Recreation Commission
meetings would not be allowed unless rental funds were budgeted by the
individual departments. The building would essentially be locked unless an
activity were being conducted. The building would continue to be available for
rent to local non-profit groups, however at a minor increase in costs.
Financial Impact to the City_
Maintain an annual General Fund subsidy of approximately $20,000.00 -
30,000.00. This continued and minor increase in subsidy would allow the facility
to be used for public functions at reduced costs yet, address some of the long term
maintenance and equipment replacement concerns.
User Impacts of Option #2:
This option would impact the following uses:
Lake Park users - Close the building during the day, eliminating the ability to use
000075
the restroom facilities, get out of the heat and or just look around.
Recreation Classes - Require the classes to pay utility fees. Some classes
may be priced out of the Pavilion with few other facility options. Current
recreation classes at the Pavilion include Children's and Adult dance, painting,
Western dance.
City Sponsored activities - Would require City sponsored activities to pay full
rental fees. Would increase the General Fund budget for the other Departments
a small amount.
Non-profit groups- Would require non-profit groups to pay increased rental fees.
In addition, non-profit groups would be required to pay the for-profit rates on
highly demanded Saturdays.
Schools-Limit local school use to non-peak hours to minimize the loss of revenue
from potential paying customers.
Private rental groups-Minimal fee increases are recommended, however, our
private rental rates are in line with similar facilities. Increased rental fees may be
counter productive.
3. Turn Key Operation/Full Cost Recovery
This option would essentially turn the Pavilion into a City operated rental hall.
Any use whether public or private would have to cover the full operating costs.
The Turn Key concept would most likely eliminate most recreation classes and
fund raising activities currently conducted in the facility. In addition, free use by
other City Departments and public agencies would not be permitted unless the
appropriate fees were paid. City activities such as staff meetings and special
meetings would not be allowed unless space rental funds were budgeted by the
individual Departments. The facility would essentially be locked unless a paying
activity was being conducted. The building would continue to be available for
rent to local non-profit groups, however, at a full cost recovery policy may
significantly reduce the use by "grass roots" fund-raising groups.
Financial Impact to the City_
Eliminate the General Fund subsidy and potentially offset some of the near term
maintenance costs. It is questionable whether user demand for the facility will be
high enough to support major maintenance/capital costs.
User Impacts of Option #2:
This option would impact the following uses:
Lake Park users - Close the building during the day.
Recreation Classes - Require the classes to pay full rental fees. Most classes
would be eliminated.
City Sponsored activities - Would require City sponsored activities to pay full
rental fees. Would increase the General Fund budget for the other Departments a
small amount.
Non-profit groups - Would require non-profit groups to pay full'+rental fees. A
significant drop in use by these groups would be expected.
Schools - Require schools to pay non-profit rental fees. This would require
changes to the Joint Powers Agreement with the School District'. Currently, the
0000,76
City and School District exchange free use of facilities. This arrangement primarily
benefits the Recreation Division, and adds costs to the Pavilion because the
primary City facility which the Schools use is the Pavilion. As school facility use
fees may be levied or increased to the City, a net loss of recreation activities
conducted on school sites would occur.
Private rental groups -Minimal fee increases are recommended, however,
our private rental rates are in line with similar facilities. Increased rental fees
may be counter productive.
4. Private Concessionaire
This option would turn the Pavilion over to a private concessionaire to manage
and operate Pavilion as a private rental hall. Any rental use whether public or
private would have to cover the full operating costs established by the private
company in agreement with the City Council. The Private Concessionaire
arrangement would remove the City from the day to day management of the
Pavilion. There may be significant public opposition to this option as the rental
costs may increase, the City would no longer have the flexibility to waive or
reduce fees for specific activities.
Financial Impact to the City
This option is most likely, the best financial arrangement for the City.
Contracting with a Private Concessionaire could potentially eliminate all of the
City's subsidy of the Pavilion and depending on the type of contract, could recover
some of the administrative and long term maintenance costs for the facility. Proper
care and maintenance of the facility by a private entity would be a major concern.
Use;Impacts of Option#4
All Pavilion users would be affected. The City Council could require stipulations
in the contract to allow for preferential use or reduced costs for specific user
groups, however at a cost to the Concessionaire. This cost would be passed along
to the City by reducing revenue from the agreement.
Following comments from the public, mostly in support of the Community Center
concept, the Parks and Recreation Commission voted to recommend to the City Council,
policies and fees that would combine the elements of the Community Center concept and
the Social Hall concept. This recommendation will increase some of the fees and reduce
some of the current service levels at the Atascadero Lake Pavilion.
Staff has prepared and attached a list of recommended fee changes and increases that
would allow continue to operate the Atascadero Lake Pavilion with minimal impacts to
the public and with some additional funding to begin to fund some of the long term
maintenance concerns of the Pavilion. All of the public user impacts listed in the Social
Hall concept have been recommended by staff with the exception of the fees for school
use primarily because this would require changes to the Joint Powers Agreement between
the City and the School District. The recommended fee changes and use policies will
require an annual General Fund subsidy to offset maintenance and operating costs.
0000,717
• ATASCADERO LAKE PAVILION CURRENT STATUS
Administration/Staffing: The Pavilion is administered by a
part-time Recreation Program Coordinator, who is scheduled
approximately twenty-five (25) hours per week- and earns $8.88 per
hour. The Coordinator is responsible for the entire operation,
including reservations, maintenance and supervision of part-time
rental attendants who earn $5.50 per hour. The Coordinator meets
with individuals and groups that are renting the facility, to
communicate our rental policies and to collect rental fees. The
Coordinator schedules the rental attendants and communicates set-up
requirements for the specific functions. The attendants set up
furniture, supervise the building during events, do 'light custodial
work and take down the furniture after the events. Given the part-
time status of the Coordinator and rental attendants, the building
is relatively unsupervised during normal operating;. hours.
The City has had limited success with retaining qualified, capable
staff, willing to work varied schedules, for the salaries that the
Pavilions budget can afford. Particularly important is retaining
a competent Coordinator. A few previously hired Coordinators have
made mistakes that have created a less than desirable reputation
for the Pavilion management. The most recent Coordinator made
tremendous steps to correct this poor public perception, however,
she recently resigned to accept a higher paying job. The pay rate
. and part-time status of this position is a deterrent to retaining
good employees. Our current corps of rental attendants are very
professional, hard working and are a positive asset to the
Pavilion. The Pavilion is not staffed during times when City
sponsored recreation activities are conducted. Contract
instructors, etc. are given the authority to conduct activities
without City staff present.
Maintenance/Operations: The Pavilion is maintained by the
facility renters. The City does not have a custodian for the
Pavilion. A list of clean-up requirements is given to the renters
who are responsible to leave the building clean after their
functions. A security deposit is retained from all renters, and
funds are withheld from the deposit if the facility is not left
clean. In addition, during the rental functions, the rental
attendants complete a list of maintenance duties. Recently, we
have changed our clean-up policies and are requiring the facility
renters to pay a private cleaning service. This arrangement has
made a significant difference in the cleanliness of the Pavilion.
Minor building and equipment repairs are completed by the City
Administration Building Custodian. The salary charges for this
Custodian are currently not charged to the Pavilion and are
absorbed in the Building Maintenance budget. Long term maintenance
and equipment replacement is not addressed in the annual operating
cost for the Pavilion. We are essentially not addressing long term
is maintenance issues such as painting, new flooring and equipment
replacement due to budget constraints. This practice should not
000078
i
Y J
continue, as the facility will deteriorate more rapidly, thereby
shortening the life of the building. Deferral of maintenance and
capital improvements are not a cost effective practice.
Demand/Use: As previously mentioned, the Community Services
Department operates the Pavilion as a form of -a Community Center,
conducting a variety of City sponsored recreational and leisure
activities, special events and public meetings in the building. In
addition, the Pavilion is available to other City Departments,
local schools and public agencies at no or minimal cost. Local
non-profit groups and organizations conduct annual special events
such as the Train Show, Community Band Concerts and fund-raisers
for reduced costs. The Pavilion is also available to private
citizens and businesses as a rental facility at competitive rental
rates. In particular, demand for Saturday wedding receptions is
strong. Last year, over 90 percent of Saturdays were rented for
private and non-profit functions.
Demand during weekdays is limited, with a majority of the weekday
hours being used by recreation classes and local service clubs,
which bring in minimal rental income. Recently, the City Council
approved reduced rental rates on weekdays to help attract more
weekday business. A private concessionaire, N.C.I. of Paso Robles,
has been operating a restaurant out of the Pavilion concession
stand. The City receives 15 percent of the gross revenue from the
restaurant.
C: \WP51\GEOFF\PAVSTATS.96 .
0009"19
City of Atascadero
Department of Community Services
Atascadero Lake Pavilion
Potential Fee Increase Options for the Social Hall Concept
Revenue Source Estimated Revenue Increase
Equipment Fees $ 2,000.00
Would apply to all rental groups except User Group Classificatin A
Eguipment Proposed Fee Current Fee
Platforms $ 5.00 ea. Does"not exist
TV/ VCR $ 10.00 Doesnot exist
Overhead Projector $ 10.00 Does not exist
Projector Screen $ 5.00 Does not exist
Microphone &PA System $ 2.50 Does'not exist
Tableware
1-99 $ 15.00 Does.not exist
100-199 $25.00 Does not exist
200-299 $30.00 Does not exist
Table and Chair Set-up $ 3,000.00
Would apply to all rental groups except User Group Classification A
Table and Chair (set-up and take-down) Each 50 people - $ 5.00
Inter-Departmental Utility fee * $ 2,700.00
Determined by: Total utilites/ 52 weeks/ 60 hrs. per week/ % of,room sq. ft.
Applies to all City activites, classes and meetings for alll Departments
Room Proposed fee Current fee
Rotary $ 5.50 per hour Does not exist
Gronstrand Room $ 2.80 per hour Does not exist
Community Room $ 1.70 per hour Does not exist
*- Would require an increase in budget allocations for individual Departments.
Non-profit group rental fee increases $ 3,500.00
Would apply to all non-profit groups and organizations classified as Group B in the
Cities Policies, Procedures and Fees.
Pavilion Proposed fee Proposed fee:
Room Sunday - Friday(current) Saturdays (current)**
Rotary Room $ 20.00 per hour($15.00) $ 40.00 per hour ($15.00)
Gronstrand Room $ 17.50 per hour($15.00) $ 27.00 per hour ($15.00)
Community Room $ 15.00 per hour($15.00) $ 20.00 per hour ($15.00)
Profit group rental fee increases $ 3,000.00
Would apply to all non-profit groups and organizations classified as Group B in the
Cities Policies, Procedures and Fees.
Pavilion Proposed fee Proposed fee
Room Sunday -Thursday(current) Fridays & Saturdays (current)**
Rotary Room $ 25.00 per hour ($25.00) $ 40.00 per hour ($36.00)
Gronstrand Room $ 20.00 per hour ($20.00) $ 27.00 per hour ($24.00)
Community Room $ 15.00 per hour ($15.00) $ 20.00 per hour ($18.00)
All Building Special Rate - Classification C only
Sunday -Thursday (current) Fridays & Saturday$ (current)
Full-day (15 hours) $ 700.00 (does not exist) $ 1,000.00 (does not exist)
Half-day ( 8 hours) $ 400.00 (does not exist) $ 600.00 (does not exist)
**- Recommend establishing a policy to require the rental of a minimum of two (2)
rooms for five (5) hours rental on Fridays and Saturdays
000080
PA VI L ION #1 COt4TMITY CENTER CONCEPT
----------------------------- -------
�VARIABLES �
:#Coordinator 1 #hours/ Coor 401
:#weeks/coordinator 50 Pay rate/Coord. 10
:#Service worker 1 #hours/svc wkr 50:
:#weeks/svc wkr 50 pay rate/svc wkr 6:
1 Office supplies 100 Tools/equip replacm 500 1
1 water bill 450 electrical bill 12500
:gas bill 2300 custodial supplies 1800
:building repair supp 1000 contract svc/alarm 600
I#sml. events per yea 50 revenue/Irg. event 400:
1#Irg. events per year 45 contract svc/maint. 48001
#long term rentals 3 $/month rental fee 390:
:#misc meetings 7 #revenue/sml. event 100;
:rental fee/hour mtg 15 Budget transfer cosi 2000:
'Concession rental fee 600 #months 121
1
EXPENDITURES
203-10020 Part Time Salaries 35000
Coordinator (#coordinator x #hoursx #weeks x payrate) 20000
Service Workers (#svc wkr x #hours x #weeks x payrate 15000
203-10060 WComp
2.5% compensation x Part time salaries= 875
203-10070 Medicare
1.45% compensation x part time salaries= 508
203-10030 Retirement 2538
7.25% xcoordinator salary= 2538
203-20002 Printing 100
203-20006 Advertizing 1000
Wedding Guides 1000
203-20003 Office Supplies 100
203-20015 Communications 300
203-20075 Utilities/water 450
203-20076 Utilities/Electricity 15000
Estimated annual cost 15000
Estimated savings from project 0
203-20077 Utilities/Gas 2200
203-20100 Personal & Safety 300
Staff Uniforms 200
First Aid 100
203-20103 Tools and Equipment Replacement 500
203-20125 Custodial supplies 2000
203-20126 Builing Repair supplies 1000
203-30099 Contracts 2000
Alarm cost 600
Floor refinishing (#refinished x cost)= 800
000081
Pest Control 600
• 203-30899 Contract Services 6200
Custodial Service (12mo. x $400.00) 4800
Air Conditioner Repair 1000
Oven Cleaning (2 x $200.00) 400
203-40001 Travel/ Conference 500 500
203-50102 Minor capital Outlay 16300
Furniture 4000
Drapes 3800
Indoor Carpet 4000
0
Kitchen Utencils 500
Tables&Chairs 3000
Replacment Hardware 1000
203-50501 Minor Capital Improvrnents 2000
Outdoor Painting 2000
Energy Efficiency Project 0
.. ti..' .. ::::::::..v::nv...:�.:Mvv{iir:}:::]�tiC:ri?i:N:\hi•.::,•.ti�:n:Li:iinvv::\..,.w::::::.w.{:..,.:,..::v.v:::::::..vi::::}:*i}:::iiC:::iiiiiiiiivbiiiiiif.......�........:
•••...................................:::::::::::::w::::::::::::::::::::::::::::w::::::.v::isJi:•:•i:•i:•iiiiiib:•i:•i:•i:•iiiiii iiiiti:•iii i:itii4i:LCL•i:ti��i
Concessions (Rental x #months)= 7200
long term rentals- ( #months s x mo. rental)= 11484
Rotary $150 mo. 18100
Realtors $60 mo. 720
Rams $30 mo. 360
Womens $45 mo. 540
Excel $100.00 mo. 1200
• Weight Watchers $72 mo. 8?64
Hope Lutheran Chi $500 mo. 6000
Irg. single event rentals ( #events x revenue per event) 18000
small. single event rentals ( #events x revenue per event) 5000
Recreation Class Transfers $400 mo. 4000 4000
Cleaning Fees $500 mo 6000 6000
:. .:.:;. i;:.i::::;.:1:.:
TOTAL NET PROGRAM COST 37186
000082
PA VILION #2 - ddmw PAVILION BUDGET
.---------------------------------------------
�VARIABLES
i#Coordinator 1 #hours/ Coor 25:
#weeks/coordinator 50 Pay rate/Coord. 8.88;
#Service worker 1 #hours/svc wkr 501
#weeks/svc wkr 50 pay rate/svc wkr 6
1 Office supplies 100 Tools/equip replacm 500
water bill 450 electrical bill 12500
;gas bill 2300 custodial supplies 1800
I building repair supp 1000 contract svc/alarm 600
#sml. events per yea 50 revenue/Irg. event 4001
i#Irg. events per year 45 contract svc/maint. 48001
#long term rentals 3 $/month rental fee 390;
#misc meetings 7 #revenue/sml. evens 100;
,rental fee/hour mtg 15 Budget transfer cosi 20001,
'Concession rental fee 600 #months 121
EXPENDITURES ------. i
-
203-10020 Part Time Salaries 26100
Coordinator (#coordinator x #hoursx #weeks x payrate) 11 100
Service Workers (#svc wkr x #hours x #weeks x payrate 15000
203-10060 WComp
2.5% compensation x Part time salaries= 653 .
203-10070 Medicare
1.45% compensation x part time salaries= 378
203-10030 Retirement 1892
7.25% xcoordinator salary= 1892
203-20002 Printing 100
203-20006 Advertizing 500
Wedding Guide 500
203-20003 Office Supplies 100
203-20015 Communications 300
203-20075 Utilities/water 450
203-20076 Utilities/Electricity 12600
Estimated annual cost 12600
Estimated savings from project 0
203-20077 Utilities/Gas 2200
203-20100 Personal & Safety 300
Staff Uniforms 200
First Aid 100
203-20103 Tools and Equipment Replacement 500
203-20125 Custodial supplies 1800
203-20126 Builing Repair supplies 1000
203-30099 Contracts 600
Alarm cost 600
Floor refinishing (#refinished x cost)= 0
000083
Pest Control 0
203-30899 Contract Services 6700
Custodial Service (12mo. x $400.00) 4800
Air Conditioner Repair 1600
Oven Cleaning (2 x $200.00) 300
203-40001 Travel/ Conference 0 0
203-50102 Minor capital Outlay 4650
Dishwasher 40'00
Printer/fax/Copier 200
Mac upgrade 0
Drapes 0
Indoor Carpet 0
Vacuum 200
Kitchen Utencils 0
Tables 10 x $150 0
Replacment Locks 2,150
203-50501 Minor Capital Improvments 0
Outdoor Painting 0
Energy Efficiency Project 0
>:::»>:>::>:::>::;:::::::::: :: ` >:::<: ':::>:>'::>:S;Of83
.................................................................................................................................................................................................................................................
Concessions (Rental x #months)= 7200
long term rentals- ( #months s x mo. rental)= 11484
Rotary $150 mo. 1000
Realtors $60 mo. 720
Rams $30 mo. 360
Womens $45 mo. 540
. Excel $100.00 mo. 1200
Weight Watchers $72 mo. 8,64
Hope Lutheran Chi $500 mo. 6000
Irg. single event rentals ( #events x revenue per event) 18000
small. single event rentals ( #events x revenue per event) 5000
Recreation Class Transfers $400 mo. 4000 4000
Cleaning Fees $500 mo 60001 6000
: ... :>: : :»>: : > : :CtOS : 3= t lE:a:<: >:: .... « . « :..» > . > < »
TOTAL NET PROGRAM COST 9139
•
0000811
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Itom: C-2
From: Andrew J. Takata, City Manager 0/,"Meeting Dat : 1/28/97
SUBJECT: City Council committee, commission and board appointments
RECOMMENDATION:
Staff recommends that the City Council review the options below!and select Option
#3.
{
An example of this method is for the City Council to individually rjnake five Parks &
Recreation Commission appointments and two at-large. I will remi d the Council that
all advisory board members serve at the will of the City Coun il. Therefore, if
changes are made to the current method of appointment, the ordi ance would have
to be changed to reflect that the individual members serve a; the will of the
appointing City Council members.
BACKGROUND:
At your last regular meeting, the City Council requested that staff bring back the
various options for making appointments to committees, commissions and boards.
Currently, the City appoints through a City Council interview and i selection process
for all its advisory bodies except the Economic Round Table, where! individual Council
Members appoint their representatives.
The City Council has three options:
1 . Allow the selection process to remain the same.
Advantage: This process has been used by city councils since !incorporation and
allows all Council members to be involved in the appointment of each advisory body
member.
Disadvantage: The advisory body make up may not reflect thephilosophy of the
individual City Council and, therefore, may not represent the philosophy of each
Council member. The other disadvantage is that during interviews candidates may
present themselves as better suited for the position than they actually are.
2. Individual City Council members appoint various advisory body members.
Advantage: Each member would conceivably reflect the philosophy of the City
Council member they represent. Therefore, the philosophy of the ity Council would
be reflected in the make up of the various advisory boards.
Disadvantage. It is feasible that, if a Council member chose to be capricious, they
could appoint a person who is not suited for the particular advisory (body position.
000085
3. A combination of both individual City Council member appointments and
appointment of at-large members as a group. Under this scenario, each Council
member would appoint one member of the advisory body, and additional advisory
body members would be selected through a consensus of the majority of the Council.
Advantage: This method would allow for the philosophy of each individual Council
member to be incorporated and, therefore, a good cross-representation of the full
Council.
Disadvantage: It is feasible that, if a Council member chose to be capricious, they
could appoint a person who is not suited for the particular advisory body position.
Attached, for your information, is a report on this subject prepared by former City
Clerk Lee Price in January 1995.
AJT:ch
2 000085' /
REPORT TO CITY COUNCIL MeetingDate: 01/10/95
CITY OF ATASCADERO Agenda Item : C-4(a)
Through: Andy Takata, City Manager
From: Lee Price, City Clerk
SUBJECT:
Procedures for Selecting Committee, Commission and Board Members.
RECOMMENDATION:
Provide input and give direction to staff to bring back a resolution revising
procedures for selecting committee, commission and board members.
BACKGROUND:
In 1981 , the City Council approved Resolution No. 35-81 adopting procedures
for the selection of committee, commission and board members. In October of 1989,
the City Council apparently and unknowingly deviated from the, policy during the
selection of a Planning Commissioner. A member of the public brought the matter to
the attention of the City Council and a Council sub-committee was formed to review
Resolution No. 35-81 . On December 12, 1989, the City Council voted unanimously
to re-affirm Resolution No. 35-81 based on the sub-committee's recommendation.
At the City Council meeting of November 8, 1994, consideration was given to
proposed Ordinance No. 282 revising terms for the Parks & Recreation Commission.
This ordinance established term dates in accordance with those already adopted for
the Planning Commission. Under public comments, Parks & Recreation Commissioner
George Beatie suggested that it may save the City some staff time and money to
make appointments every other year instead of on an annual basis as recommended.
In addition, he proposed that the City Council look into alternatives to advisory body
recruitment and appointment procedures.
The City Council continued Ordinance No. 282 and directed staff to bring back
alternatives relating to terms and possible revisions to the existing selection policy.
DISCUSSION:
The City Clerk polled a variety of other cities to determine common practices
• and then met with Henry Engen, Community Development Director, and Brady Cherry,
0000851Z
i
Report to City Council Meeting /Date: 01 12/95
Page e
2 Agenda Item #C-4(a)
Community Services Director, to formulate recommendations. Staff concluded:
1 . Ordinance No. 282 - There was agreement that the staggering of terms
99 9
as proposed in Ordinance No. 282 seems to be the best solution and
staff has recommended that the ordinance be adopted (see related
Agenda Item #C-4(b)). This would mean that recruitments would
eventually be required annually for one or two members of the Planning
and Parks & Recreation Commissions.
2. Selection Resolution - It is recommended that Resolution No. 35-81 be
updated, primarily for clarity and conformance with State Law, and to
provide additional recruitment flexibility. A draft resolution revising the
policy has been included in the staff report (see Exhibit "A"). The City
Council may, of course, wish to make further changes. Staff will bring
the resolution, in final form, back at the next City Council meeting for
adoption.
3. Application Form - It is recommended that the application form presently
used be expanded to provide the City Council with more information. .
4. Selection Options - In reviewing the appointment practices of eleven
other cities (see Exhibit "B"), it appears that there are four methods for
selecting advisory body members. They are as follows:
a. Mayor makes the appointments. (2 cities)
b. Council Sub-committee makes recommendation. Full Council
confirms appointment by majority vote. Q cities)
C. Full Council interviews in a special meeting. Appointment by
majority vote or by ballot process. (5 cities)
d. Each councilmemb
era appoints one commissioner.pp s oner. (7 city)
Y
Note: Staff is not making any specific recommendations for changing
the present policy regarding appointments. Council input and/or
direction is requested.
i
0000: .3
Report to City Council Meeting Date: 01/12/95
Page 3 ;Agenda Item #C-4(a)
5. Application Pool - Some cities keep applications active for a period of
one-year. This afford an "application pool" should an unexpected
vacancy occur (i.e., resignation, death or removal). It is suggested that
the Council consider this option as it may provide some cost savings by
dispensing with the need to re-advertise. The City Council would retain,
of course, the discretion to direct the City Clerk to open another
recruitment if they determine that the application "pool" on file is not
sufficient enough to make the appointment.
6. Recruitment Deadline- Encourage year-round acceptance of applications
to supplement the "application pool". Currently applications are
accepted only during a formal recruitment.
DIRECTION REQUESTED:
The City Council is requested to provide direction regarding the policy and
whether or not it desires to make changes to the appointment process, particularly to
Section 4. Selection.
Exhibits: Exhibit "A" - Draft Resolution No. 02-95 (Revising Resolution No. 35-81
Exhibit "B" - Advisory Body Recruitment&Appointment Policies of Other
Cities
000085. Al
EXHIBIT "A"
Key:
t
Bold represents new language
RESOLUTION NO. 35-B-1- 02-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING REVISED PROCEDURES FOR THE
SELECTION OF COMMITTEE, COMMISSION AND BOARD MEMBERS
WHEREAS, the Atascadero City Council recognizes that citizen participation in
local government plays an important and active role in the City of Atascadero; and
WHEREAS, the Atascadero City Council has established committees,
commissions and boards to assist in the conduct of municipal affairs; and
WHEREAS, the Atascadero City Council did adopt Resolution No. 35-81 on
November 9, 1981 establishing selection procedures for committees, commissions
and boards; and
WHEREAS, the Atascadero City Council desires to update and revise said
selection procedures.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero as follows:
SECTION 1 . Purpose. The purpose of this resolution is to revise established
procedures for the Council to follow in recruiting, selecting and appointing members
to the sta„mpeg City committees, commissions ef and boards created pursuant to
statute or by action of the City Council. Appointments and replacements will be made
pursuant to the provisions of Government Code Section 54970 et seq., and the
following.
SECTION 2. Recruitment and Eligibility. Announcements of openings for any
committee, commission or board to which members are appointed by the City Council
will be thFOugh the leeal news Fnedia coordinated by the City Clerk. Any person
desiring to be considered for appointment to any City committee, commission onboard
shall complete an application provided by the City Clerk. Applications are accepted
year-round and shall remain on file for a period of one-year from the date received.
Applicants may be considered for future vacancies, for the specific committee,
commission or board for which they applied, should a vacancy occur during the year.
t
i
Resolution No. 02-95
• Page Two
All eleettefs applicants shall be a resident and registered voter of the City of
Atascader , eyeF the age ef 1 8;r and meeting any announced additional criteria as
established by the City Council shall be eligible to apply. All appointees are subject
to financial disclosure, pursuant to the Political Reform Act.
SECTION 3. Interviews. All candidates meeting the criteria established in
Section 2 +n W may be interviewed by the City Council during a properly noticed
meeting. Interviews will be opento the public.
SECTION 4. Selection.
a. Council members will vote for the candidate(s) of their choice by placing
their name and circling the name of their selection(s) on a ballot form
provided by the City Clerk. Candidates' names will be placed in
alphabetical order on the ballot form.
b. After the City Council has had an opportunity to make its individual
determination, the City Clerk will collect the ballots and will announce
first the Councilmember's name and second the name(s) of the
candidate(s) of that Councilmember's choice(s). Results of each
individual Councilmember vote will be a matter of public record.
C. The candidate or candidates receiving a majority of the votes of the
Councilmembers present shall be appointed. In the event that no
candidate or candidates receive a majority vote or in the event of a tie
vote, then a run-off ballot or ballots will be cast, following the procedure
of sub-paragraph a. above, until a majority is reached. The run-off
candidates will consist of all candidates receiving at least two (2) votes
and if ee not more than one of the candidates have received at least two
(2) votes, then all those receiving at least one (1) vote ;will participate in
the run-off balloting. This procedure shall be continued until a majority
vote is cast.
On motion by Councilperson and seconded by Councilperson
the foregoing Resolution is hereby adopted in its entirety on the following roll call
vote:
AYES:
NOES:
• ABSENT:
000085,4
Resolution No. 02-95
Page Three
ADOPTED:
ATTEST: CITY OF ATASCADERO
By:
LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
000085,-
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000085,4'
(Minutes Excerpt)
�'_"previso that the building be referred back to the Parks & Re,�atk Tf
Commission oF-ap royal. Motion passed 5:0 by oll.cal/ vote. •
MOTION: By Councilman Carden,_secon 6d-by Qquncilman Luna to approve
[Requests a�iTWi, and in addition make fitment to the
I, ", DO to be prorated to the CPI; motion passed 5.0 by l
vote.
4. COMMITTEES & COMMISSIONS
A. Procedures for selecting committee, commission & board members
The City Clerk provided an overview of the staff report and recommendations. Brief
Council questions followed.
Councilman Carden inquired whether or not it was legal to maintain an application
pool and not advertise when there is an unexpected vacancy. Art Montandon advised
that there is a legal requirement that every year the City Clerk advertise the terms that
will expire and the names of those people holding positions. The City Clerk added
that the City does meet the "Maddy Act" requirement as explained by the City
Attorney and suggested that applications be accepted year-round to supplement the
application "pool".
Public Comments:
Rush Kolemaine indicated that he was in support of the recommendation to implement
an application pool but voiced some opposition to the selection provision (Section
4(c)).
William Zimmerman commented that he also had some concerns about the selection
process.
---End of Public Testimony---
General Council comments followed in support of the recommendations. Councilman
Luna suggested that candidates for the Planning Commission be given a packet to
include a job description, an explanation of the General Plan and its' role in land use
planning, a summary of the "Brown Act" and other information that will educate
citizens and potential commissioners. Councilman Carden debated that individuals
should, on their own, familiarize themselves with the General Plan to avoid possible
pre-conceived ideas about the document.
CC 01/10/95
Page 11
00008"i,9
(Minutes excerpt, cont'd)
Councilman Johnson suggested that applications be held active in the application pool
for six months instead of one year. There was consensus to amend Resolution No.
02-95 by substituting "six months" for "one year" relative to the length of time the
application pool remains active.
MOTION: By Councilman Luna, seconded by Councilman Johnson to adopt
Resolution No. 02-95 as amended; motion passed 5.0 by roll call
vote.
B. Ordinance No. 282 - Amending Parks & Recreation Commissioner terms
(cont'd from 11/8/94)
(Recommend (1) motion to waive reading in full and read by title only,
and (2) motion to introduce on first reading by title only)
Brady Cherry provided the staff report and recommendation. There were no
comments from the Council or public.
MOTION: By Councilman Luna, seconded by Councilman Highland to waive
the reading in full and read Ordinance No. 282 by title only;
motion carried unanimously.
MOTION: By Councilman Luna, seconded by Councilman Highland to
introduce Ordinance No. 282 on first reading; motion carried
unanimously.
C. Planning Commissioner recruitment - Direction for replacing Dennis
Lochridge
The City Clerk provided the staff report. Brief discussion ensued. The City Council
directed the City Clerk to contact the applicants that were interviewed on August 30,
1994, but who were not selected, and ascertain continued interest in serving on the
Planning Commission. if six or more applicants are still interested, the Council agreed
to make an appointment, by simple motion, from one of those candidates at the next
meeting.
D----COMMITTEE REPORTS (The following represent ad hoc or rtrg
comma es.--..Informative status reports will be given, as It�-n- ee�sisary.):
1. S.L.O. Council of Governmea ntsFCCO)/S.L.O. Regional Transit Authority
(SLORTA)_. --Eortinc Iman Carden noted that COG would meet the
a--foilo g day, Wednesday, January 11, 1995.
CC 01/10/95
Page 12
000085//0
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Mee ng Date: 1/28/97
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WILL BE DISTRIBUTED SEPARATELY.
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