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HomeMy WebLinkAboutAgenda Packet 05/25/1999 "Al n A�TASCAMRa CITY COUNCIL 4 ':MEETINGk ° TUESDAY,MAY 25t 199q h e y . „City of.Ataseadero , " 65 0 i�'alma Avenin,4, floor , Atastadero'California CLOWD WIQNj 6:34"P.M.• _E 1 �on#e' Vath legal co"tinsel- anticipated litigation signmfitt exposure to ;. litigari n(Govtl. ode §54956.9) p } " —Cit y ofAtaseadero, 2nce wUnifi6d School Cnfe ac Cw negotiators: Brady Cberry and Wade McKinney 8�w will con4geru price and terms of payment, ` 3,y �Confcx x e wn'labor negotiator(Govt.`Code Sec. 54957:6) Aged Negotiates: 'City Manager Employee organizations: Deparanent lies,Mid-ManagetnentlProfessional, Cc?nfi ntial; A,tascadero Fire Captains, tascadero, refxglite Service eyes Intl.Union ueal 624,Atascadero P(gice:Assoc. Uw"A -ESSiO ,7:00'P.M;:; 3 .'4 rsS PIXW "�OF ALLEI IAN Council Member Luna . rt' tG` ROLL CALL: Afiyor 36lsan aytir Prg`tern Arrambide z. ouncil Member Clay outicRW ber Lerno ounci Member Luna ,AI'!P t2 1L OF'AG 96.0 Call x.. 3 Y , : r El 'I'A`I" lNIS:` l Cci unity.D elop hent Department Director Paul"Saida a mil ptesent new i iloyees n to"the Coil. Cf, f - - x r � i r-_ TY fORI �s -tion,cif tk a ied-tingtW'.1 resew d f r-persir 3r%dater,noir ata this nr wind'over wFii h the-C6u cid has r Mom veit7�txt a Zamated tai 11 five i s. I`Zease'z`*ta your x e and dr s. vr}t record v Zai ' , cratr wx, eat n. The.Ch x aZ 'fiction W direct the a' IdTV' e to tt y o Biu a. P �. f., ' r tore + a ^'� dJ.f �Vw#+.A t# 7�:J�C3 �i�I' .1 .lil�tVllw $ ? ,t ^} { 4their ",initiative; coz #ciZ tl�iemb rs tnay awe a Z�ri f pernent cir f r on a t tr brovtt xct attes;{ odii iZ lllerr ret��s may-as,h�i, esti�►rt c r~ifacatio fake a refer s t 3'; 'tom§ or 4 aaia to,have sta pl aces a matter of burin s h a j ore ts+ aa».= c„orrraaZ action w .V , ,Y. t by tD�e' ' xertci *1t be talon mess iia item is.i e atafaQd on dw,, go IL DA t� ZZ^items an t ae co setenaar are?ca�ast eyed be t n �n n=ion' erg �i' pity st n+d widZ die ap#rt�ve.1'by vtsi` »�� �dna member of _, wishes to cceatt`ozsstans. If co or tascssion is des "aar�ne, ` !a yvll be Loved41 , ,o>rr tZ cont calendar`ark'Wil. be eozderdi s t ce ih .appOrt aijY�r any . : of the p�rbZt+ to ado re s the 'vun0 raccrnittg t iterrsere`ai `ion is ta ) YOntm t 1J Calif x .. loveft orni Pub xr Fist Xmaacns.` S�recea�nenorarxl:: t. ?rda ar�ce pro . .� , otos seer € res a tatte oak r thcrr g the .tsar to, k, .exwtito:an anae�tdr�erit,t�.t�te.co�tr�act Zaetw,�e�the',c �Coun6d)gf the �i �►� c ���- 1 � the orad pf dr ainistratir of tom'` l t�rr a.P �c ployees'' ,e it + nt S m}x _.: _ . , = " 11feixney ,. z P BLI Hba;WAS A. d ( [,y, {+��y+� �{ e.& N�►y'�� �/pry[ '�*r}�co �� W '�°F '4^C UFYFV .RT�a ir'tyYt"e\"" T� : eg iZ ttearyy-dn .cc�rtszder1l obtectivns o'dtlyq ► a �f . rlrfJaZ pf �y /gzt� c fiFy dO .�e 4./ado ' or oYG�I'Zt 4Rfe or4taolw$" 0��41n4,+tl�e +f� i *i�1tbQt"iwP18 v t Fare toe ad, rfvta the WG►t' of abatement : yhy�]y[(��,�. J�V'''�d M '� �+ V li `iet+°l r- t' R ;xP �service) Fiscat act= Ince tz�se trt o e �c revena "+ nnang-c a ecrrneaon `oalydopi,;: esolian99 ,i air"ung general PZaatf x r fat 98©Gt6,":and,2 , 'tattncal im�rrotiae fist rerzarr Z� tZtle ozaZy, rcas a 59,! rt wing one: `luzngc !Rz ) . a ani, M ; tt ` # X 3�« to o 1 �s o' ' ra aZ Lat„a Cstia rtJs 3x, � tOQ2 San,X10 RidGe '' ' Fisciad Irnpat Iracr, rs e't' sats and: L the pro ^t tai venue (, tcaff r �rsdatior Ccrrc ,adoptesoutiann '1999-09,N ,k a c di a k Pia as atn's. ctivn a pt� aaa the datiiairta� Ise Fermat a A `}<: onOta i's. �+NIMPwervfNw e " i £i fi 2 tr. _ 7 4 «, n Co' n. caval - Te tativvparcel M 99002 (A '99-040) - w ' b`1 Sari 1m©,acid 4700 1? Roads (Gcarhaxt} - FiscaZmt ,No auxaetl rdcit Rtsotrattvrt'. v. ,1999-1130uphaldng'the Plantae ' r. { " ss,�iat�'s ctctiara t pprovang the 'fent rove map, based on n+riiaag and? submit to , ,.ter fie„ L E�✓ 4p � , A 7 REPORTS: ` � # Pro0, jidj c de o' P - APN #1031 361 003-; #10 1-3M , 1,403114614013 U12;4013 i1�-01S #031.36 017 e o S Rosa and SXca=re Road -APN#028-092-009,#056 . �. Q '"ancl 6-32 -411 "iscdl Impact: Exchange of$225,'0,00 v Ci ,pro ro,and 4Y 64 ntl f 71 000Ajit parkfimdd's - S'tqff rec6mmendaion G`owil.authorize Oty to P tRhase parcels at the southwest corner of the intersect of Partala k- lid 1tr o Raad; vr$308, 300 and dell two.tats ori Santa Rosa Itc%ad artd t�ne' n oda ,air= 225,000plus assaclated closing casts) Wade tVlcKinrze�J, of Conttaotor Bid Fiscal Im t:: .lone to - l i'+ ca tmett € ar it determineIiallett`s arrkha� Service lnc.' .nom ,:to be a ' k re able br er orad award the,contract to Jack R.,Bidwell) [lakeic 'afr] IMI atieft titin. t. AG ENT REP©RTS .WILL BE CONTINUED, .f r M Tom'RE09 VELOPMENT AGENCYME D v: (see page 4) } • �TC REPOR'�.'� jte��►l�atiin repres�ent standing committees. Informative;status r�rprts �vudl b", =t {4 4001t necess *41 w �o + r Goin un ratsiS.L.O. Regional Transit Authority F } t . - ' iic�e''tCo 'thee rnianty° la�od ,control l;i �Jatet Conservation District Water :sources q A AdVis Coi - ' anto Water Purveyors' Corrtract Technical Advisory Comma��ee 14 attb dim Water Forum $ Rritegr # c1 Wa to Man gei ent Authority # ;a :W " i Norte CCS �oncil P►lluioi pjitrol'Distri,et Y '" 'r'4 7. t ound.Table t - , r k { onda Vit ity Corparatian;$oard of Directors x ittee {,. Q ,t W - d £ 3 l 1t '� a .g K' i r - �Xrt y yy�yy .. ® TT r d 1+# 9 LTA ; � , iOi f. !� c k f 4 Sa.p f C , , S ? } C 2 A t- Y T t F '_ zd a 11, x „ .. e .1 1q ] sex '! s ' Ci} ,�. r 's s , s , � R+' -:. h E d "" je 5 •� V J v4: ak is f '��t f f ¢ & & ,t RI 3 i 'i ,.�t�,. -' .;.. L N * S 2' p f y,I ,t: i Y Y x ,f#, 44f t a k .1 p'Fk ^3. � 5 a y. p t . ? ^fi % 11 I �i� I , :..wr2 -r•r tf I .1 t C ., _ I 11 1. 10�1'1, ,, � + � v Ir et: Not ' , td -xecb)n t+ dc�n: fowl �e�p�ia�No, `I �-02��,setti�g. nme 195�� as tFae date�f tl .fit . hli hecr-'' nth ,m&,a*p 4.ntp�rn) Fath " �- *' _ , .- p.. " �, }}4 K Y i' ull�� llL. vet ° k�. vvg ,�' 4,11 2.. ,, =r ", t ' ` i F= � t<. Li/�e' v . 1� .�� 4' 1T�7 'X 11 I �11 t ' s' v t .1 n �� 1--.� t' pr `y 11 , 11 11" t }1 I�Y ,,A }` ki1* lrl ,. 3[ �c .r �4 �t Mx ``a} ;zC ,�'T� ^� F I Al f. t ',4 1' a "', fl i. ' x _ I I- � . 4 g�.. s'SH' g ? .I _ �''. 3 '1 j w t y '� �. �,.t i '*." �, y .w t't 'fie } yL a a r:. -t d s<3 �' § } .: zY`' ,—,,, �N . p �;c 1F rS a z a of t r, - t , "� x y v y z r t .) F t �� 'S.` t'� a '� a t x r a �'x th°, ,, Y� s . / ': ,:'4 11 �, x, a ,fir,, Y3s t r '� .� '�' a .•'. I 11a " 11 I z. � Y a ra r 4 t !" a `.r x f., T 0e .Aote: 'ISWo Id anyone cl a r y'propzt ec dei4lopment enhtler Bent Itsted on thy', g ""-11 , c t.e�that;;person may , e`;larnzt ,,_ _J�g thole ssrces ncldressied"cit the ptthlic` `" f ' ,h gran cribed;n t is ncttm;e; or�li �urttt resp,0 e Ce' delivered to the`L v yno at o '' Zit-to this pastil ktrring: ry 3 bz � '� .} . .,. .. t @ 2. _ ,. _ , 8 ",, -_ ... . . _ - F s. s -, f-y5.1 i ryx "' Rii Y C ofAt cad& ;SEL TUTHEA Elt fi'CITY CON I4- E'RTING ' i Ctilihm m t� r r g ila€r session sir,the secandxatld ou Tuesday of clt sr� t th of `;t14 p:r�n:, CIL Hall „Matters are consid�retl by the Couneil in the-order of tie printed r. ` ° repo .r br at 6.r o''umentation relatb to each item bf business zeferred to c#n the' ' a i h1t affi ; f eC 010k.(RoomrX08),and'n the lnforinatio `ffice(tcrom ,I t- e abte f+ r pitljlie"i 1 ction curing ity IatI busi ess hout�. An a�et�da packet is ansa av bie for j�ptibli theAt adero Library,6850 Morro Road. ecaia .F3isablities Act, if you d speclal nassistane�e fo f wa fteetin ei ;ot sgrvic # ►r+ed b t is:C' l se contact the Ci Man ria O ice 8U5 " 146tliie lity'CI Mice;(8{1' j, 61� �'� . F�Totificatrozi at`IetF48 hcuurs prior.to t meeting' " sea�viz ieedek!�vill'a ist City staff in a suriag that reasonable at"rrttn ements can } � de - rot t anece s ility to. e tnowd or'serviCO. ,�; t.Y .. k T©SPEA)(ON AGENDA ffEMS 1YIe�l�rs t 'au4ie�nc may speak on,any item on the agenda. Tl Wyor with identify the'subiect C�� M " l lie and the'CbuneiI'gill ask ques�on�`of staff The Mayor witl aunbitnce whenn , aA r� ?li4 cc rnent ri is.op will request anyone interested to address the Council ming t t _� - Ding onnsid ed to stip up"to the.po iura.< If you wish to` ►eak for,againsti or cosi hent � �} r „ t ' 4 k,+� .� u 9u6t a proa�clt the'podium and be t ogniz ri.by the Mayor {_ _ �► veC. me n Talc ar` tement s should be made to the Mayor and Council tirnit td 5 tni€nutes(unless changed by the Council) ay speak fbr'a second time until everybue wishing to speak.l 'had an c�plad ftyr , d�s ►;" no one ni y apoak more than#vice en any-item. Ite lvt�ybr wii t*hotin M ier tl a public comment period is closed,.,and the�^e er,nv further public x x ; ems ztl `y the.,Council , t `'r k � A :4N SCJ�JECTa lT LISTED ON THE AGENDA y` � a k' fi3nd r A d , ilrtMil '#1'1 EC}RkW die Mayor will call for anyone turn the audieizce rho =C6*41 tQ ' ; ` • Please pr X11 the ium and his recogrned " Give v n e-aTld addrts , s 'St c�f`3 q*business ferns n on the agenda maybe brought to the ohncil's attention A rna anttu ci 3t# m}ntdes awed or Co munity Fortes(unless changed by the Cctnnoil} Alf fid kfx� ✓ i TQ 1iTEMS FLA CED EIl' AGENDA t rr � �r Y l ' u �xnat s ' pear ofi the Agenda must•be in the-,Off ice of the City-Maoiker tern dam ti r- $ r nncil eeting Should you Have a matter you wish<to bring before the Council,pk ase mil or.br t tw itt Win Ivlana er"s office in City HalLprior ta.the adlu r DATE: 'o5i251�9 M � Nana er's gen da 7-"ort Wade G. McKinney - Authorizing An Amendment to the Contract Between the City Council of the City of Ata -adoro and.the Board of Admin' do of the California Public Employees' Retirement System RECOEI Ii ON: Staff recommends Col mcil adapt Ordinance No. 358,on second reading,by title only, . authorizing the Mayot to execute an amendment to the contract between the City Council of the City of Atscadero an the Board of Administration of the California Public Employees' Rment System. This contract amendment is in keeping with the conditions of the current Memorandums of Understanding NOU s)with the non-sworn members in the Atascadero Police Association (APA)and the Service Employees International Union(SEIU)Local 620. Earlier this fiscal year,the City Council authorized both of these MOU's for the bargaining'units,which include a provision for the addit ion of the amendment to the contract for the 2%@ 55 retirement formul& This amendment will pply to all CaIPERS miscellaneous(non-sworn)members. FISCAL A Because there is no a to the employer rate,there is not cost-tot] ispropow. Ca1P'ERS expects this condition to extend for-at least eight years. The City did not commit to employees t we would pick up any futureincreased costs. The adoption of the contract amendment via a Aesolution and Ordim ee,will result in the following costs: 1) , Clue in the went Value of Benefits $804,623 2) Change in the nfunded Accrued Liability $493,143 ' $ 3) C e'in the mploycr rate 0°0 4) Fuadcd Ratio 117°!0 :: +x00001 T w ' w f ll, IOAV, i a s r 7M' G a a,.au l ,. �` t — Nk,t,,5 , ,� � ��0� n .. e y 's tY t � r; a r t ,j�1 .. ,t n r. _ �. rs ,k , r , � ��± - 3 �� 4x s # ; r P f S F d^ 4, G 3' � f `� w `C 11 — _ _ 9 g f �-ry' d> 2 {{ t r # ! "` x n., 1s. 3Y' r s v t` '3 l * \ M ✓ T r 4 1 , ,kky 5:?f b' , s , r " � t E- , . 7--"", * , {s - — — - — ,; r a b C �� 11, y t +£r.:'' µ it 4 11 ,�' ,, -r.%`. - �' - V L -y.g- y it, �t x £ y y y' �X F of 50 ',11 { _ d G ,' BAF` �.--a-101 p '21 * l t -, ,,. �� r <c s # ItIa r _ ' x t r; -�` :t F '' Qt30t#02 N r °`t n ...e....w.Sr,r ."{4 a I-.,---'8c-..-� vw...^e rzro�.�.v. .. _ a _r d. -...z...; - . -.. ORDINANCE NO 358 AN ORDINAIN CE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ATASCADERO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Atascadero does ordain as follows: Section L That an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amend ent being attached hereto, marked Exhibit, and by such reference made a part hereof as though erein set out in full. Section 2. The Mayor of the City of Atascadero is hereby authorized, empowered, and directed to execute said amendment for arid on behalf of said Agency. Section 3. This ordinance shall take effect thirty(30) days after the date of its adoption, and prior to the expiration of fifteen(1'5) days from the passage thereof shall be published at least once in the Atascadero News, a newspaper of general circulation,published and circulated in the City of Atascadero and thenceforth and thereafter the same shall be in full force and effect. On motion by and seconded by ,the foregoing Ordinance is approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO By: Ray Johnson, Mayor ATTEST: Marcia McClure Tor ersen, City Clerk APPROVED AS TO ORM: Roy A. Hanley, City Attorney 000003 CaIPERS EXHIBIT California Public Employees'Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Atascadero The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective April 19, 1980, and witnessed March 19, 1980, and as amended effective July 1, 1980, April 30, 1983, January 7, 1984, July 14, 1990, November 9, 1991, April 12, 1992, August 29, 1992, and December 26, 1997 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective December 26, 1997, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 19, 1980 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by.express provisions thereof, apply only on the election of a contracting agency. 000004 r PLEASE DO NOT SIGN "EXHIBIT ONLY" 3. Emplo ees of Public Agency in the following classes shall become memb rs of said Retirement System except such in each such class as are ex luded by law or this agreement: a. Local Fire Fighters(herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein-referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. This contract shall be a continuation of the benefits of the contract of the Atasc aero Fire Protection District, hereinafter.referred..to as "Former Agenc ", pursuant to Section 20567.2 of the Government Code, Former Agencl having ceased to exist and having been required by law to be succe ded by Public Agency on July 1, 1980. -Public Agency, by this contract, assumes the accumulated contributions and assets derived theref m and liability for prior and current service under Former Agency's contra t with respect to the Former Agency's employees. Legislation repeal d said Section effective January 1, 1988. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 8. PublicAgency elected and elects to be subject to the following optional provisions: a. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local . safety members only. b. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for'local miscellaneous members only. PLEASE DO NOT SIGN "EXHIBIT ONLY" c. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. d. Section 20903 (Two-Years Additional Service Credit), _Statutes.of 1976. .Legislation repealed said Section effective January 1, 1979. 9. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer' for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834,.and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said.Retirement System as follows: a. Contributions required per covered.member on.account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement , Law. (Subject toannualchange.) In addition, all: assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special Valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be . subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. OOOOOG 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the .correct amount of contributions. is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made.by direct payments between the employee and the Board. B. This amendment shall be effective on the day of 1_1 9 BOARD OF ADMINISTRATI �' CITY OF COUNCIL PUBLIC EMPLOYE S' R MENT'SYSTEM OF THE �' CITY OF ATASCADERO a� A BY BY O� KENNETH W. ION, CHIEF PRESIDING OFFICER ACTUARIA M LOYER SERVICES DIVISION PUBLIC ELOYE S RETIREMENT SYSTEM C��� Witness Date, Attest: '� �S Clerk AMENDMENT PERS-CON-702A(Rev.8\96) 000 ITEM NUMBER: B - 1 DATE: 05/25/99 ` - Mahn er`s Agenda Report Wade G. McKinney Weed Abatement--Hearing of Objections RECOM.I END ION: Staff recommends Coimcil hear and consider all objections to the proposed removal of vegetative growth and for refuse and allow or overrule any objections. Following the hearing, authorize the Fire Chief to proceed and perform the work of abatement. DISCUSSION: As part of the weed at atement process,the Council is required to hear objections to the proposed removal of vegetative growth and/or refuse. This hearing allows any affected property owner to . object to the proposed abatement of hazards on his/her property. FISCAL IMPAC. Costs involved in 'stering this program are recovered through the 100%administrative fee charged to parcels ab ed of the city contractor. - AL,TERNATiVE No alternative is recor amended. RESPONSIBLEDEPARTMENT: Fire Department ATTACIDUNT484 e, Resolution No.1999-017 0000tD$ y x M1 i. y r g CLI $ 3 `!-a•$§. +�# $.. �,^ # t # 4... •:vS '$ 6:� �4 `vs �, # a tefi+;:�, �� # ..S$ '�fE�k. .'� t. a il. # :•.#a # #' � $ `4v'.;...4:;.i $ # $.. #$.., # $ # -3 $ ,t4>�C.k` #.; ! r. 4•` $ n# ��l. $ t4i.` $ i .�4k.#c $ `� # !>S. 3 :.+1. �,�;k " t P11i t f Resolution No. 1999-016 Page Two ATTEST: CITY OF ATASCADERO By: MARCIA M. TORGE SON, City Clerk RAY JOHNSON,Mayor APPROVED AS TO FORM: ROY A. HANLEY, City Attorney 000010 Resolution No. 1999-016 Page Three EXHIBIT"A"ON FILE IN THE OFFICE OF THE CITY CLERK Resolution No. 1999-016 Page Four EXHIB T`B" ON FILE IN THE OFFICE OF THE CITY CLERK ITEM NUMBER: B2 DATE: tl5125/99 Min ,orr's Agendo Report , Mde : eKi ney General Plan Amendment98006 _ Zone Change 98009 e 9800 El Camino Real (U.S Postal Service) COAME A ©N Pl ` g Commssio recommends: 1. City Cecil dopt Resolution 1999-027 approving General Plan Amendment 98008.. 2. Introduce, fbi first reading, by title only, Ordinance No. 359 approving Zone Change 98009. ISC S ION; The pro ect site is approximately 1.72 acres located on El Camino Real, south of Santa Rasa Read (Vi(inity Reap Attachment A). The site is immediately north of the main Post and south of aservice*station that fronts on East Front Road. The site is across El Camino Real.from several rte apartment buildings,'vacant land and older homes now converted to All business. The property is'owne d by the U.S. Postal Service, a public agency, and was acquired by the :,applioant for the reloc ition and construction of a new Post Office for Atascadero.. The property, that 2s subject tothis pplication is'vacant and a separate parcel not needed by the applicant for. fixilities.It is pinne on being sold by the applicant as surplus property. gbm: `The } is currently designated-on the land use map cif the General Plan as which dent fees_"rimy the major existing acid proposed public aid,quasi-pasblrc luno) uses": The purposef the zone is to provide suitable locations and stcriidards far itfarnteittxnce rr 2 devetaptnetit of ublic cirad quasi public,facilities,and services The "of facilities, I.Land.Use Element pages U-18. c*Ordinance 9-3 4 1 5 s .,�;YM�; �#.- .i[.' • s f iA.w'A.' 4:�# #r. #irt�. 6a A,".-. a� Aa'." #.���- # d: #- � 0 f fr4A 5Fa A` ffi S # ■"�#tom;% g_.d... #' r A:#"�;- #'3' ,:. #' £� f#ate-S #' i�. 1 ... R Aam #.. # ,'r}. # '. ,._ �,.. _ �.. < # _ # a ,T: ,.,: # i # -_� .. #' # #_.. . . # # 34 x- # «:# #. #. i# f $ '. 6 f• § :�`'. #, i t•� �A ;9i'f.<.# # P. _ =,t '#• 9i>w:..;a'# # - #!k5. k€... # �#:#.. # ° .;$.,n ,< # 5#a A�.t be # 6'+"w# :..## A ,`.E f,."' .`,s an'".i:'w tt. # #.#4.,. ir;«•;.i. "�� # #.:9. #.5-i'..., .a fi. ! #.... m;t;�': f E a = aA �#.,-".A #" '� <.nA .ht f �`�e. �A•` a '�-## 6 � i # 1E` P`#f �.A' ; i�- ��':,.w '�` AA � # #'i!_ Yra e # # #.;�,inw �t:e�# ::#, # #:#5 � € A A 4 #ff A-wsA #w A � # a .� { & # ?#A i • -.is #... A .. f# '.1. a;�#:::. i# #>AA # a.# .@# #r" # � A # $ A" #.> # $ • _. #. AcA #a. Y xE dt:.. # Ai#a '' « i .. " -: ! At' #. i # ,..A 'C..# .•i # A # A., # .," f..- 4.,..x .5 :'.:' 1D : � .g A... .. It I a f: ITEM NUMBER: B-2 DATE: 05/25/99 Conclusion: The pro osed General Plan Amendment and Zone Change is compatible with adjacent uses and would allow for the development of the site to continue the commercial uses designated in the area. It would provide the opportunity for the Post Office to convey the property without the restrictive uses contained within the public land use designation. FISCAL IMPAC The change in land use and zoning from public to commercial will expand the allowable types of retail uses on the site potentially resulting in an increase in sales tax revenue. The sale of the property will result in an increase in property tax revenue, as the property is currently tax exempt. ALTERNATIVE City Council could deny the subject applications or refer the matter back to the Planning Commission for further study if there are items that the Council would like to have further analyzed prior to approval. PREPARED BY: Paul M. Saldana, Director ATTACHMENT A. Vicinity Map B. Project Map C. Planning Commission Resolution 1999-023 D. Planning Commission Minutes of May 4, 1998 E. Resolution 1999-027 - F. Ordinance 359 0000315 �r91_8il�lrl r i1dl��l �IWO� GENERALDESIGNATION .O Public TO: Commercial ZONING: Public TO: Commercial Service SITE Ad 01 &- . ps, ' w � r I MINE, % - 6✓ A B Cw ATTACHMENT BiSNP - Q Wz^ :Z, J W yi �1 �— � . .. W V h V1 YJ sn y�Y'I.$ o .� o o h �O Owl PC W���4 i y 00 4 �'K v I ' t V) G wWi e _ -------------------- f •-•••• ID1M:V.Y IGvi • W� .A2 i rC/w �.�1' l.+LCLKML t 1 � is � �• s i �x= � Vii: �� - 'w':..• - lt ;' � +� :z �S �, �� I !/ YOO79 'r,- 107 ' ,/.?07B; t� 107 000017 ATTACHMENT C RESOLUTION NO.PC 1999-023 A RESOLUTION OF THE.PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT#98006 AND ZONE CHANGE #98009THEREBY AMENDING THE GENERAL PLAN LAND USE AND ZONING MAPS FROM "PUBLIC"TO "COMMERCIAL SERVICE/SERVICE COMMERCIAL" ON PROPERTY LOCATED AT 9800 EL CAMINO REAL (U.S. Postal Service) WHEREAS,the Planning Commission of the City of Atascadero, at a Public Hearing held on May 4, 1999, studied and considered General Plan Amendment#98006 and Zone Change#98009, and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact these amendments to the General Plan Land Use Map and the Zoning Ordinance map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan Amendment and Zone Change applications was held by the Planning Commission of the City of Atascadero at which hearing evidence,oral and documentary,was admitted on behalf of said General Plan and Zoning amendments. NOW,THEREFORE,BE IT RESOLVED that the Planning Commission of the City of Atascadero,in a regular session assembled on May 4, 1999,resolved to recommend that the City Council: (a) Approve General Plan Amendment#98006 amending the Land Use Map as shown on Exhibit A; and (b) Approve Zone Change#98009 amending the Zoning Map as shown on Exhibit B. 000016 Resolution 1999-023 Page 2 of 2 BE IT FURTIUM RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. PASSED AND ADOP ED THIS 4 h DAY OF MAY, 1999. On motion by Commis 3ioner Eddings and seconded by Commissioner Bentz the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners: Bentz, Clark,Eddings,Fonzi, Jeanes and Zimmerman NOES: Commi'sioners: ABSENT: Commi sioners: Carden CITY OF ATASCADERO, CA s/s Alfred Clark Alfred Clark Vice Chairman Attest: s/s Paul M. Saldana Paul M. Saldana Community Development Director 000019 RESOLUTION P4C1999-023 EXHIBIT A ■n WIN. auu i9�s U 1979 'GENERAL PLAN DESIGNATION (PUBLIC) b "SERVICE COMMERCIAL" From: () To: " " SITE loll wpb �`� .;. i it HIGH - IT\R WULTIi AM!L a T. .t: III' I� c: • O • t r t t �;( , t t t ..fit t 000020 lot 411l� O kip s 1 OAP MAI I �. .�• ♦ I�Vit, P. Ift f � � � . _ ATTAC'IIf,VIEi`+T D Planning Commission Meeting-May 4, 1999 Page 2 of 6 PUBLIC BEARINGS 4. General Plan Amendment 98006 and Zone Change 98009 (U. S. Postal Service/Douglas Sholders) An application change to the General Plan Land Use and Zoning*maps from "Public" to "Commercial Tourist", for a 1.72-acre'parcel on El Camino Real, adjacent to the U. S. Post Office. --Environmental determination: Negative Declaration 99014 has been prepared to determine the environmental impacts of the project'. (Staff recommendation: Adopt Resolution PC 1999-023 recommending City Council approval of General Plan Amendment 98006 and Zone Change 98009.) Paul Saldafia, Community and Economic Development Director provided the staff report and answered questions of the Commission. COMMISSION COMMENTS: Commissioner Jeanes inquired about the change in designation to commercial tourist. Paul Saldaha responded that the applicant, with staff reviewed neighboring zonings and chose the zoning directly adjacent to the project site. Commercial designations are more marketable than the cuvent"Public"designation. Commissioner Zimmerman asked what happened to the stadium for roller hockey league play, which was a good idea when the Planning Commission approved it. It was determined to be a financial issue. TESTIMONY: -Doug Sholders, 6805 Los Gatos Road, Atascadero, stated that his client requests an amendment of the previous CT (Commercial Tourist) to CS (Commercial Service). Paul Saldafia stated that the uses listed in the CS Zone are compatible uses with both the CT and CS zonings across El Camino Real. Commissioner Clark asked what advantage the CS zone had over the CN zone. Paul Saldafia responded that the CS zone provides 4 or 5 additional allowed uses on the site.` The conditional uses remain the same throughout the commercial land use designation. Commissioner Fonzi expressed concerned with traffic coming in and out of Post Office. It appears as though the CT designation is much less intense than the CS (allowing fast food restaurants), therefore the traffic impact would be less. Paul Saldafia stated that eating ;and drinking establishments are allowed in all commercial uses. There may be additional traffic impacts with auto repair and service establishments. The use would not be that intense due to the size of the property, 1.7 acres. Commissioner Fonzi asked for the definition of business support services. Paul Saldana defined business support services as copy places or any business to business sales. 000022 Planning Commission Meeting May 4, 1999 Page 3 of 6 Commissioner Bentz asked the applicant's representative for the reason for changing to CS zoning. Mr. Sholders stated that he was unaware of any reason, only that the applicant made the request. ACTION: Moved y Commissioner Eddings and seconded by Commissioner Bentz to adopt Resolution PC 19.99-023,. recommending. approval of'General Plan Amendi aent 98006 and Zone'Change 98009 with the modification from CT to CS. AYES: Commi 'sioners Bentz, Clark,Eddings,Fonzi,Jeanes, and Zimmerman NOES: None ABSENT: Commissioner Cardin MOTION PASSED: 0-1 ANNOUNCEMENTS & REPORTS 5. \re�qt Redevelopment Bounda Changes evelopment Agency) Atascadero Redevelopment Agency to change the project area boundary o ment project area. (Staff recommendation: `Adopt Resolution PC 1999undary changes for the Redevelopment Project Area) Paul Saldana, C unity and Economic Development Director provided the staff report, pointed out changes n the revised Redevelopment Project Area map, and answered questions of the Comxni ion. Commissioner Bentz asked if the ty tentatively approved these boundaries. Paul Saldana informed that the Coun y doesn't form ly approve but may contest. The new boundaries have been reviewed by the.0 unty. Commissioner Fonzi asked that the item be c tinued to next meeting due to the lateness of receiving the revised m 'p,which did not allow dri by review of areas being eliminated. Commissioner Zimmerr lan stated that he attended the evelopment Forum and is beginning to understand Redevelopment. He asked if there was enou advance notice for publishing new map before hearing and why the cut off for the Redevelopme Project Area was at Palomar and not Curbaril? Paul Saldana stated th't there is no requirement for map posting. The primary reason for extending the Redevelo ment Project to Palomar was to include the ertson's Center. The Food-4-Less Center was excluded because it is already a developed comme 'al center. 000023 ATTACHMENT E RESOLUTION NO. 1999-027 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING GENERAL PLAN AMENDMENT#98006,THEREBY CHANGING THE GENERAL PLAN LAND USE MAP FROM"PUBLIC"TO"SERVICE COMMERCIAL" FOR PROPERTY AT 9800 EL CAMINO REAL (United States Postal Service) WHEREAS,the Planning Commission, at a Public Hearing held on May 4, 1999, studied and considered General Plan Amendment#98006, after first studying and considering the Negative Declaration prepared for the project, and WHEREAS,the Planning Commission recommended that the City Council approve said General Plan amendment; and WHEREAS,the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the General Plan Amendment application was held by the City Council at which hearing evidence, oral and documentary,was admitted on behalf of said General Plan amendment. NOW, THEREFORE,BE IT RESOLVED that the City Council, in a regular session assembled on May 25, 1999 approves General Plan Amendment#98006 amending the Land Use Map as shown on Exhibit A. On motion by , and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: _ ABSENT: 000024 Resolution 1999-027 Page 2 of 2 ADOPTED: CITY OF ATASCADERO, CA Ray Johnson,Mayor Attest: Marcia M. Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 000025 . • its u r i'i� O••466 • h t - IW PME 0 ��- -_-_ -mow.- ♦''� r�1l�I �`'�=^�w.�- @r� 1111 ATTACHMENT F ORDINANCE NO. 359 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE #98009 THEREBY AMENDING THE ZONING MAP FROM PUBLIC (P)TO COMMERCIAL SERVICE (CS) FOR]PROPERTY LOCATED AT 9800 EL CAMINO REAL (United States Postal Service) WHEREAS, th Planning Commission, at a Public Hearing held on May 4, 1999, studied and considered Zone Change#98009, after first studying and considering the Negative Declaration prepared for the project, and WHEREAS, the Planning Commission recommended adoption of the subject zone change; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the Zone Change application was held b the City Council, at which hearing evidence, oral and documentary,was admitted on behalf of said Zoning amendment. NOW,THEREIF ORE,the City Council does ordain as follows: Section 1. Findings for approval of zoning maR change. 1. The zone change is consistent with General Plan policies and all other applicable ordinances d policies of the City. 2. The zone change will not, in itself,result in significant environmental impacts and the Negative Declaration prepared for the project is adopted 3. Section 2. Zoning mgp change. The Official Zoning Map of the City of Atascadero on file in the Community Development Department is hereby amended as shown on the attached Exhibit A,which is made part of this ordinance by reference. Section 5. Publication. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five days prior to its final passage in the Atascadero News, a 0000 ,'7 Ordinance no. 357 Page 2 of 2 newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty.(30)days after its said final passage. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage to print and shall be available to any interested member of the public: Section 6. Effective Date. This ordinance shall be effective at 12:01 a.m. on the 31'day after its final passage. On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED. By: Ray Johnson, Mayor Attest: Marcia M. Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney . i 000028 • 1 • Uir -Al IVA W ARAN&-PA I_ I 2N �� .• ♦ ITEM NUMBER: B-3 DATE: 05125/99 r City Man gear's Agenda Report Wade G. M Winney Appeal of Planning Commission Approval_ of Automobile Sales Lot Conditional Use Permit 99002` 5000 San Palo Road (Gearhart) RECONEWE ATION: Staff recommends .Council adopt .Resolution 1999-029, upholding the Planning Commission's act on approving the Conditional Use Permit,with conditions. DISCUSSION, Background: Th Planning Commission approved a use permit allowing an automobile sales lot at the site on April 20 :1999. A Planning Commissioner appealed the Commission's act on (see attached letter from William J. Zimmerman), stating concerns about levels of traffic in the area and the potential for customers of the automobile sales lot to test drive ve iicles,in the nearby residential neighborhood.' Project descripti n; The project is the development of a 2,880-square-foot building and-- ---- display area for at automobile sales lot. Site description: e site is 0.71 acre in area, irregular in shape, and has recently been graded in accordance with Precise Plan approval. The property is across the street and almost adjacent tc a residential area on the south and west sides. The lot is visible from - - - Highway 101. 4 1. Traffic iss iies will ultimately be resolved.The appellant believes that the project developers should be required.to pay part of the cost of installation of traffic signals at die intersections of San Anselmo and Monterey and at San Anseimo' and High ay 101,as a condition of approval. R When theroperty was designated for commercial use in 1995 .,the environmental - analysis dc ncluded that the map change would not have a significant impact on t — — DATA pr #raffic in the �vauld nct nota ly candid i by "Ciz�culaticrnlener�t,which s adopted in 1992. The site Jis in a Tom Commercial zone,:which allows uses r i i fnan nt ty trazismissign facilities,,a low' nand drinking p mdey . public aisemblytWilities,which are high-intensity mss.The Toning Regulations derma automobile sates lots as A"milium"=un ity use, 'e c generation standpoint.Automobil-' " hats putted withh approval of a Coronal Use Permit,presumably to assure compatibility with nearby.uses and to arise some control over theappearance:of the site. The use,therefore,is within the range of-uses " . icip ited for the gone, expected to a less traffic than most other tourist-oriented uses that would be allowed on the site by rim Staff is unable tx make>a connection between the type of use and generation.cif traffic that is excessive for the lot,and therefore staff cannot' a requirement for signal improvements. s The"Circulation Element idea the intersections'at 1 and Monterey and San Anselmo and Highway 101 as locations for future signals: Traffic imflact fees,required of all new commercial development,will"contribute 4 } to the finacireg,of these signals. Th' re,.although the project is not specifically conditioned to install or help pay for signalsat mese interactions,the-developer will be required ta:pay c impactfew that go toward these improvements. Conclusion: A condition requiring installation of signals cannot be justified for this profit. Customers may use residential streets.The appellant is concerned that custoiners may,use San Palo Road for mss to the vehicle sales lot,and-nay test- drive vehicles on those streets as well. Residents.who spoke at the PI ' g Commission ng expressed similar concerns. . Two options to mitigate these concerns were considered by,the Commission a) X eliminitionO the southerly driveway into the site;and b)installation of a sign at z i tire rly exit driveway,'directing drivers to tion lett only. Cor imisswners agreed with the applicant that the southerly driveway couldprovide a means divers of a#f«course trucks to turn around And fre urn to San Ansel=(appaurently 4 trunk drivers occasionally enter San N19byme).The Commission's action�� did not ince requirements. Co aissioxm s:were alsci aware fl*'i"left ty",.sign wauld be une a gesble_by police. Y y If.the Council believes these,options sre feasible and workable,it may amend the ; conditions to include them. The applicant has"indicated willingness to comply n Wit such,ruireraents if necessary. L � § v M1 T i s� I ITEM NUMBER: B -3 DATE: 05/25/99 FISCAL IMP CT: Development of the subject property, either as a sales lot, or as any other use allowable under the zoning ordinance will result in increased revenue in sales and property taxes. ALTERNATI S: 1. The Council may approve the use permit with modified conditions. Depending on the changes, the approval would allow development of the site with a vehicle sales lot. 2. The Council may approve the appeal,thereby requiring installation of signals prior to construction o the vehicle sales lot and requiring'removal of the southerly driveway on San Palo R ad. This action may result in delay of development of the site. 3. The Council may continue the hearing, if additional information is needed. Direction should be given to staff and the applicant: RESPONSIBL DEPARTMENT: Community.Development ATTACHME TS: Attachment A - Location map Attachment B - Site plan Attachment C Planning Commission report for April 20, 1999 Attachment D - Minutes of Planning Commission April 20, 1999 meeting Attachment E Letter of appeal Attachment F- Draft resolution upholding Planning Commission action 000032 Attachment A Vicinitymaps (Land Use Elementand Zoning 1 1 i i Conditional permit 5000 San Palo Road 1 1 11 1 ►01 ��e►. _. _ c �Al .�.ts�5��`y-.'"`r�'x.=y- v ,. .s�'�tVe` •�`'� e ,! �i���t�'�D ���`���'������kc�.�s 12' �Iral'f�i���'����►�'/.d�'�;i r ��aee�il�g� 411 -1 r� s .�v, ,r �" ...§ x,w t - rc�"'yro p�., •�A \ -S �1 I...�s}w�11_►1 � ;� _ � . ���a P ''wca-+� `°`' ,y f a• S Y Y :ar. ? ^L r�. �i .°v 2 "°-q' ',j rte.' 3kA ac ���AAA �� �Bim- �� �.�aw� � 1 a � a L >F;F '�y.It��1�a 4✓' 1�/� �� `u°'^m^ z'�,"i' ;�,� . U ..ry f. ,.a>���'tiA ♦Y.4 _^s?e'_t"b' ^'` g w` '4 J. �\' 'lv:� � �� c.i 1 dTo�a rsria�!'r i t a_ 7•t�`�'�'��5� 1 I "�{ i. t � S «8d�$7$$ �� ihj�7•�„ ME:�. " Za T+ g` t. - -..,y F— _ "•�'. "-'u• _ .t 7_'� i -�-.,.'r-1 1 Cf� .v. Wil'. .t.r.,� `'SaAxA' , [ - !'frcY + r.0 - t _ eta.R'f 'y ~' '��>.✓ ^�/:. Aft �` • �• ' v' vt►�',��utr�'�!s11111111i11::{►FMil�♦ •� •• � .� or11141111111112111/11i1►��II�IIII "film_ film M2252214 WIN I LOIN r .I oil . Iu Attachment B Isis a Site Plan Conditional use permit 99002 5000 San Palo Road NIONWAY 101j4 _SAN PALO ROAD_-_ U4 t�Nlr�1-716 UP I • -� `` A �� \\ \ t ; 1 CAR aAus.wawa t3' /•r•Irr !`�, �\ :.:.� ...r..Ir r'r•�.'+ af•fIr n•.r/ � \\ f.n1. .wr.- � i..,,f: ...- ,) �•. .. �.�,, ..�t.lt�.±rrt�.•.w•r t fit,.\\\ 2 \ \ faOAECT DATA % \ \ 1 _4: \ \ Ilp+t.L{"/•"r. rlrl iN•.•(/I..�wyPw.)n.• - _ \ r.L�.�..r A+pr.rrw ry.�r• \\ . .LIM�.y .... rNtl.•.„rt'•'n n+y'�s�H»Hr Awrvry.Aln•ttb•it 000034 fifia��rn2 t" C. ITEM NUMBER: 5. n.■MEN an - DATE :. 04/20/99 CA] p Planning Commission Staff Report Conditional Use Permit 99002 5000 San Palo Road (Gearhart) SUBJECT: Construction of a 2,880-square-foot building and paving for an automobile sales lot. RECOMMENDATION: Adopt Resolution PC 1999-016, thereby finding the project categorically exempt from the California Environmental Quality Act (CEQA), and approving the use permit, based on findings and subject to conditions. SITUATION AND FACTS 1. Applicant: Kelly Gearhart 2. Representative: John Falkenstien,Cannon Associates. 3. Project Address: 5000 San Palo Road 4. General Plan Designation: Tourist Commercial 5. Zoning District: Commercial Tourist 6. Site Area: 0.71 acre 7. Existing Use(s): vacant 8. Environmental Status: Categorically exempt: Class 3 (Section 15303): construction of new, small.facilities or structures, not involving the use of significant amounts of hazardous substances,designed for an occupant load of 30 persons or fewer. 000035 A *achrrner* C ITEM NUMBER: 5 DATE: 04/20/99 DISCUSSION: Project Description: The applicant wants to build a two-story Spanish-style building with an extended covered outdoor display area, for an automobile sales business. The remainder of the site would be paved, except for the perimeter,which is to be landscaped with groundcover and trees. _ Analysis: 1. The building is ttractive. The building is designed in a Spanish style, and incorporates many features of hat style: clay tile roofing, divided windows, thick columns, ceramic tile accents, detailed window frames, exposed wooden beams. The second level parapet hides roof-mounted equipment. The building should present an attractive appearance to visitors and passers-by. 2. Standards are n t quite met. The zoning regulations require specific improvements for sales lots: Standard: Displa s are limited to street frontages. Side and rear property lines are to be screened with a six-foot-high solid wall or fence. Proposal: A ix-foot-high wooden fence is shown along the rear property line but not along the northwesterly (side) property line. No details of the fencing are shown. The standard is not met. Standard: Parking is required at the rate of one space per 3,000 square feet of office space. Therefore, one space is required. Proposal: Seven spaces are shown. The standard is met. Standard: Landscaping, a minimum of ten feet wide, is required along all street property lines. In addition' a minimum of ten percent of the interior of all parking lots is ,to be landscaped, including provision of shade trees at approximately 30' intervals along parking rows. Proposal: Th property frontage is to be landscaped a minimum of about 11' wide, including righ -of-way property approximately six feet wide. Only a small portion of the property is actually devoted to parking, as the remainder of the lot is for display. That parking area h adjacent to a landscape strip, which includes trees at the required intervals. The standard is met. t4-ffackwier)+ C ITEM NUMBER: 5 DATE: 04/20/99 Recommendation: Additional fencing or other screening should be provided along the side property line, in accordance with the standards. Landscaping at the rear should also be increased, for protection of adjacent uses (see further discussion below). 3.` Adjacent uses are sensitive. The property is next to a steep hillside lot,.also in the same zone. Building plans have been submitted for the construction of motel cabins on that property. Across San Palo and next to the motel unit site are residences. The establishment of a car sales lot in this location may create compatibility problems with adjacent uses. Residential and motel uses are sensitive, particularly during nighttime hours. These adjacent uses could be disturbed by lighting,traffic, and.noise from the car sales lot. Lighting: No exterior lighting is proposed. If the project is built as currently designed, there should be no lighting issues. However, it is possible that lighting fixtures will be added later. It may be helpful to require that any lighting design be reviewed by staff to assure that it does not disturb adjacent uses, and that all lighting fixtures be limited in height. A condition has been included to this effect. Noise: Some automobile dealers use loudspeaker systems to contact salespeople in the display areas. The sound carries long distances. There is no evidence that such a system will be used in this case,but staff suggests that if it is, that it not be used at night. A condition has been included that requires such systems to be turned off after 6:00 p.m., as this would be the time most residents and motel-users would be in their homes or rooms and would be susceptible to disturbance. Activities on site, including customers driving in and out and discussions with salespeople outside, may disturb motel users. Staff recommends that the planter along the southwesterly property line be increased in width and that additional medium-height shrubs and larger trees be incorporated into this planter. Traffic: The plans show two driveways into the site. One is through a common driveway on the adjacent lot to the northwest.The second driveway is at the southeasterly corner of the lot. Both driveways are to be shared by those using the proposed motel. The southeasterly.driveway is likely to attract drivers coming through the residential area on San Palo and Ardilla Roads. Use of this driveway for access to the motel units and the car lot may result in an increase in traffic through residential areas,which is not desirable. As there does not appear to be a safety reason for the southeasterly driveway, staff recommends that it be eliminated, thereby encouraging traffic from San Anselmo and not the residential areas nearby. 4. Environmental review is not required. Small commercial projects, that do not involve large amounts of hazardous materials and that are designed for an occupant load of 30 or fewer, are categorically exempt from the California Environmental Quality Act (CEQA). 0,00037 ITEM NUMBER. 5 DATE: 04/20/99 The architect prepared an occupancy load calculation, which resulted in a load of 24 persons for this building. The Building Division reviewed the assumptions and calculations and agreed with this assessment. Therefore,the project is exempt from CEQA. Conclusion: The proposed use has potential to be incompatible with adjacent uses, but compatibility issues can be addressed by restrictions on lighting, sound systems, landscaping, and driveway locations. The design of the building is attractive and should enhance the site. The project is categorically exempt from CEQA. Therefore,the use permit should be approved with conditions. ALTERNATIVES: 1. The Commission ay find the use inappropriate for this location. The Land Use Element specifically calls :)ut specific intersections with Highway 101, including this one, where tourist-oriented us.-s are to be focused.A car sales lot is not usually a tourist-oriented use. If the Commission feels the land should be reserved for a more appropriate use, the use permit should be denied. 2. The Commission may continue the hearing if additional information is needed. Direction should be given to staff and the applicant on required information. PREPARED.BY: Judith Lautner sociate Planner ATTACHMENTS: A-Vicinitymaps: Land Use Element and Zoning B - Site Plan C -Reduced elevations of new building D -Draft Resc lution 000038 Planning Commission Meeting-April 20, 1999 Page of 10 No decision was rendered at this time. Chairman Carden moved on to agenda it #S. After rendering a decision on Agenda Item#5, Chairman Carden requested t Agenda Item #4 be revisited for reconsideration. Paul Saldana, Community and Economic Development Director arified the interpretation of procedure. He stated, in order to have a motion to reco ' er, one of the members of the prevailing side would have to ask for reconsideration. Be use the action was a,tie vote, under the rules that constitutes a denial and one of the member voting for denial would have to ask for reconsideration. Chairman Carden stated .that he h voted for denial and is now asking for reconsideration of the item. Mr. Saldana read the provision from the rule under Rules of Debate-Motions to Reconsider: "Motions to reconsider any acti by the Commission ata regular meeting may be made only on the day such action s taken or at the next succeeding adjourned or regular meeting." Chairman Carden questio d the applicant, is the condition requesting a conditional use permit acceptable for this sub ' ision? The applicant responded that the condition is acceptable. ACTION: M ed by Chairman Carden and seconded by Vice-Chairman Clark to consider item #4 as moved by Commissioner Clark adding condition #18, making precise plan and conditional use permit part of that approval. AYES- Commissioners Bentz,Carden, Clark,Eddings, and Fonzi NO Commissioners Zimmerman SENT: Commissioner Jeanes MOTION Tied: 5-1-1 5. Conditional Use Permit 99002—5000 San Palo Road (Gearhart/Cannon Associates) Application proposing establishment of a used car sales lot. This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15303. (Staff recommendation: Adopt Resolution No. PC 1999-016.) -Judith Lautner, Associate Planner, provided the staff report and answered questions by the Commission. Staff recommended approval with conditions. Staff made mention of a letter submitted by Ruth R asking for additional conditions if approved. Staff supports screening, however, passed amended conditions to Planning Commissioners and the applicant's representative. 000039 Planning Commission Meeting—April 20, 1999 Page 6 of 10 COMMISSION COMMENTS: Councilman Zimmerm m stated that the City Council Strategic Planning document indicates that there may be too many used car lots. Is the proposal for new cars or used cars? New cars would include a service operation. Staff stated that a service operation would probably be off site as the size of the proposed building could not accommodate a service operation at the proposed site. Commissioner Fonzi asked staff to point out the area of the proposed car lot and the motel, and asked if the two operations would be using the same driveway. Staff responded that they would be using the same driveway but neither use is highly intense, therefore traffic should not be a problem. TESTIMONY: John Falkenstein, C on Associates representing Kelly Gearhart, expressed concerns as follows: • Alternative condition#10, does that mean that any exterior lighting plan has to come back to the Commission a a public hearing. (Staff responded that it was a citizen's request and is an alternative to st s recommendation is that lighting be reviewed at the staff level. Mr. Falkenstein indicated that the applicant preferred the original condition #10 rather than alternative condition#10.) • Condition #11 - restriction of the loud speaker on weekends would impact the business as most of the business would be on weekends. + No compelling reason-to eliminate the driveway; prefers to eliminate condition#12. • Asked for clarification of condition#9, with regard to the portion in Italics. Staff responded that the italicized portion is an addition not an alternative. •. Takes exception to widening planter • Prefers to eliminate condition#9 Commissioner Zimmerman asked if there was any way to channel test drivers back to San Anselmo. Neighborsdon't want test driving in neighborhood. Mr. Falkenstein stated that the driveway won't affect'that one way or another. Most people would probably jump right onto freeway. Commissioner Bentz sked,the applicant's representative if he was aware of condition#13. Mr. Falkenstein asked that condition#13. He asked that condition#13 be eliminated as screening of that magnitude would impair the view of the car lot from the freeway. Commissioner Clark s ggested moving trash enclosure and surround it by landscaping to remove it from view. TESTIMONY Bob Sparling 7500 San Palo Road, expressed concerns: • Traffic horrendous 18 wheelers get off and try to turn around and get stuck in driveways at night—high schoo I students race around. Paul Saldana, Community and Economic Development Director, stated that he received a petition from residents along San Palo a week or so ago to consider closing San Palo. The 000040 Planning Commission Meeting—April 20, 1999 Page 7 of 10 petition has been circulated to Fire, Building, Engineering, and Police. Staff is awaiting responses. Road Abandonment will require going through the CEQA process. The project is a categorically exempt project. John Falkenstein corrected a statement he made on behalf of the applicant, Kelly Gearhart. Mr. Gearhart has no problem eliminating the driveway as requested in condition#12(not eliminating condition#12). Commissioner Eddins asked for an overhead to show elevations of the buildings. He complimented the attractive design of the car lot. Commissioner Fonzi asked Mr. Sparling preference — Sparling would like abandonment and give Gearhart access Commissioner Fonzi asked that condition #12 remain, however asked Mr. Sparling what he preferred. Mr. Sparlin stated his preference was for abandonment there and Mr. Gearhart given access to all the property along where the frontage road is currently located. ACTION: Moved by Commissioner Eddings and seconded by Commissioner Clark to approve Conditional Use Permit 99002 by adopting Resolution No. PC 1999- 016 eliminating conditions #9, #11 (both), #12 and #13 and accepting condition#10, not alternate #10.andfinding the project categorically exempt from CEQA. AYES: Commissioners Bentz, Carden,Clark,Eddings, and Fonzi NOES: Commissioner Zimmerman ABSENT: Commissioner Jeanes MOTION PASSED: 5-1-1 Chairman called for a 10 minute break, reconvening at 9:00 p.m. 6. eral Plan Amendment 99002-905 El Camino Real (Geaz rt/Cannon Associates) A General Plan endment to include property in the Urban Service Line for the purpose of providing wer services. Environmental determination: A Mitigated Negative Declaration for Master Plan was adopted on March 16, 1999. (Staff recommendation: Adopt Resoluta No. PC1999-017.) Paul Saldana, Community Development ector, delivered a brief staff report and answered questions presented by Commissioners. Commissioner Eddings asked for the route of the extensio , long Traffic Way or El Camino Real, and if it will be gravity or pressure lines. Will possible for other people to connect to the line with the gravity flow system. Mr. Sald stated, Traffic Way which is the more expensive alternative. 000041 6225 Lomitas Rd. Atascadero, CA 9 422 April 26, 1999 Marcia M. Torger on, City Clerk Wade McKinney, C'ty Manager Paul Saldana, Co unity & Economic Development Director , City of Atascade o 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Appeal of Planning Commission Action of 4-20-99. 1 . Tentative Parcel Map 99002 (AT 99-040) 6105 San Anselmo and 4700 San Palo Roads Subdivision of one commercial lot into three parcels. Resolution #PC 1999-015. 2 . Conditional Use Permit 99002 5000 San Palo Road Construction of a 2,880 square foot building and paving for an automotive sales lot. Resolution #PC 1999-016. Asa PlanningCommissioner, I am exercising .my right to appeal these two actions to the City Council for its decision. My reason is that the cumulative impact of either or both of these actions des not support a negative declaration. If traffic signals are not required at San Anselmo/Monterey and San Anselmo/Highway #101, the traffic increase will provide hazardous conditions for residents and the touring public using the existing and new facilities to be located in the San Anselmo, San Palo, Monterey Road area. Thus, it is my contention that proper findings can't be made unless signals traffic lights) are added to the conditions of approval as mitigation. Also, without proper control of vehicles exiting onto San Palo, traffic will be increased in the residential area to the south and west. This would provide a negative impact on this residential community. The problem can be partially mitigated by routing departing vehicles (including car testing) to San Anselmo and Highway #101 . I am also appealing subject Item l Resolution #SPC 1999-015 on the basis that the vote to reconsider was inappropriate under the provision of PC Resolution No. 1-96. 000042 Zimmerman Appeal April 26, 1999 Page 2 At the request of the City Council, this resolution was developed to handle tie votes by providing speedy action for applicants.` It provides an automatic no fee transmission to the City Council for action with no recommendation from the Commission. The Council can take action at the earliest possible date.` A motion to reconsider must be made by a member of the prevailing side. In the case of a tie, there is no ,'prevailing side.- However, the automatic transmission to the Council reduces/ eliminates delay at no cost to the applicant.' `9GiZ William J. Zimmerman Planning Commissioner, City of Atascadero Enclosure - Section 11 Resolution 1-96 Section 15(e) Resolution 1-96 000043 Attachment F RESOLUTION NO. 1999-029 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DENYING AN APPEAL,THEREBY UPHC LDING THE PLANNING COMMISSION'S ACTION PROVING A CONDITIONAL USE PERMIT ALLOWING AN AUTOMOBILE SALES LOT AT 5000 PALO ROAD (CUP#99002; Gearhart) WHEREAS, lly V. Gearhart requested approval of a use permit to allow development of an automobile sales lot; and WHEREAS, the site is .zoned Commercial Tourist (CT), allowing the type of use and density proposed,with approval of a Conditional Use Permit by the Planning Commission; WHEREAS, the proposed project is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the proposed project, as conditioned, is consistent with the Zoning Ordinance, Subdivision Ordinance and all other applicable codes, ordinances and standards; and WHEREAS, the Planning Commission conducted a public hearing.on the use permit application on April 20, 1999 and approved the request; and WHEREAS, Panning Commissioner William Zimmerman appealed that decision to the City Council; and WHEREAS, tl e City Council conducted a public hearing on the appeal of the tentative tract map approval o May 25, 1999 and accepted testimony, both written and oral, on the subdivision proposal. NOW, THEREFORE, SECTION 1. Categorical Exemption. The City Council finds.that the proposed project is categorically exempt ftom the California Environmental Quality Act, in accordance with Class 3 (Section 15303)of tha act,because it is the construction of a new, small structure,not involving the use of significant amounts of hazardous substances, designed for an occupant load of 30 persons or fewer. 000044 Attachment F SECTION 2. Findings for approval of use permit. The City Council hereby makes the following findings: 1. The project, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The proposed use will not harm the health, safety, or welfare of persons living or working in the vicinity of the project. SECTION 3. Approval. The City Council hereby upholds the action of the Planning Commission,thereby approving Conditional Use Permit#99002, as shown on Exhibit A, subject to the conditions in Exhibit B. On motion by and seconded by __ __ , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Ray Johnson,Mayor ATTEST: Marcia M.Torgerson, City Clerk Approved as to form: Roy A. Hanley, Attorney 000045 .�.., 0 Exhibit MIS a Site plan Conditional use permit 99002 5000 San Palo Road HIGHWAY 101 -_—•_-.-e =ter ' iAH PALO ROAD_— _ TV IPARCEL 1 is � ..r..�.\ �•......,r � � �\ �\ CAa"La \ \\ \ 1 t...f.. ,.- • \ \ \ �\ Pr rsoJtcr DATA i r.•:..Z•.r, 000046 •EXHIBIT B Resolution No. PC 1999-013 Conditions for Conditional Use Permit 99002 April 20, 1999 CONDITIONS . Engineering Division: 1. _ All public and drainage improvements shall be constructed in conformance wiffthe City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the parcel map, all outstanding plan check/inspection fees shall be paid. 3. The applicant shall be responsible for the relocation and/or alteration of existing utilities. All new utilities(water, gas, electric, cable TV, telephone, etc.) shall be installed underground or as approved by the Community Development Director. 4. The applicant shall submit a grading and drainage plan,prepared by a registered civil engineer, 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 the final inspection. 5. The San Palo Road property frontage shall be improved in conformance with the plans accepted by the City Engineer,prepared by Cannon Associates, dated 02/25/99. The street improvements shall be accepted as complete by the City Engineer prior to final inspection. b. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 7. 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. The applicant shall also gain concurrence from all adjacent .property owners whose ingress or egress is affected by these improvements. 8. Drainage from the project site shall not be permitted to flow over any sidewalk,driveway approach or pedestrian walkway within the public right-of-way unless otherwise approved by the City Engineer. 000047 Exhibit B Conditions PC Resolution 1999-016 Conditional Use Permit 99002 Page 2 Community Development: 9. Any exterior lighting must be designed to eliminate glare onto the adjacent street or nearby properties,to the proval of the Community Development Department. Display area lighting standards shall not exceed 22' in height. 000048 ITEM NUMBER: B-4 DATE:_ 05125199 Cz Manager` 's Age da Report Wade G. Mi inney Appeal of Planning Commission Approval _ Tentative Parcel Map 99002 (AT 99-040) 105 San Anselmo and 4700 San Palo Roads RECOAME ATION: t. Staff `recomniends Council adopt Resolution 1999--030, upholding the Planning Commission's act ion approving the tentative map, based on findings and subject to conditions. DISCUSSION. A#SkgMu Th Planning Commission approved a tentative map creating three parcels from one, on Apr'120, 1999. A Planning Commissioner (see letter of appeal, attached) appealed that decision, citing concerns with traffic in the area and requesting a condition requiring installation of traffic signals on San Anselmo. dn: The project is the subdivision of one commercial lot into three parcels, 0.57, 0.4-, and 3.27 acres in area respectively. The two smaller parcels`would __ - - - front on San Anse mo. The larger, steeper parcel would have access from San Palo Road through the existir g'access easement. Siteeri�tion: a site is an irregular-shaped parcel,of varying topography, fronting on Sari Anselmo. kn access easement to the'site exists, allowing access from San Palo - Road as well. The site consists of flatter land near San Anselmo as well as a steep hillside'. :,. portion:, much of which :is covered with native trees. The property is undeveloped. . _ Service stations, fast-food restaurant, and"other vacant commercial land surround the - site. The property is near a residential area fronting an both San Anselmo and San Palo Roads. l. The subd' 'cion will not affect allowed uses.The appellant is concerned that the .. subdivisionwill increase traffic levels in this busy area,and wanted to impose a 000049 R t �ia�iµ}�� i ) eS Y t N 2 ©l9�vM.a. S d - - t8t "erns of at San Elmo tad lUl ,�letttte ; property as oommercially zoned"and maybe.developed in accordance f forthaz6ft. The subdivision of 4ics not incre �t�ttisity erthe types use, �° tbc=site. " ent uses c� d fished t :tie'site xiow; ple, ` a . `cin. of property,�one lot or as three.p ar,cils*Dual be in thenum r ayS:It it.expectedthat two _ls wed be served by Whereas.if the property were to remain as one lot,it is possible that only one dri 4 bee ~ ., e S lama is a busy streetwith. icated t ter ectians an ng? Vtments,the C 'ssion ' a,cc�dition q�iri��tha pals 1Z be served b ri rlrivcvvay(see co . � •' ,attached to resolution).This tion t potmud dif&reace between developnit*as one or development , spers 4 new is will also be req to submit,'I' uhiclt �t traffic improvements the including s. w Commission required precise plan approval of any+development�n .�=and " `tional Use '-mit approval of abydevelopment on any of the threeparce . 'ssiou required use permit approval to assure compliance with the'C' pp �c+ xidelines, because pro is pacnuuent. u. . " asio : o € ion canba the swim and i tic in `dli � cctn�n r uirm u�3 an ofs �cast be justified. Tho i C0MMiSSibh's 9Ctic should be upheld. AL ACT -,The-subdivision of the property will not have no fiscal impwt to theCity: - - n y. nth mod ied cc�nditiczns. I7eperidu vn the n Aw ris icxnpleictn ofthe, a inay'be nded. _ incl dear ubdivisirn, it finds enszstent with theg, Y. flan, ' yy visite .s o oar pity li nes car bbd .'I h council sl ut« ty l�t bd s pn is tnc nss t n the resolution cif denial ' J .a:. RIM Council ccnats action dditicanal tis needed l�irect�am sild be ' s w3 , to tug $ aplicant. � ,; 4 ITEM NUMBER: B -4 DATE: 05/25/99 RESPONSIBLE DEPARTMENT: Community Development ATTACHMENTS: Attachment A'-- Location Map Attachment B -- Tentative Parcel Map Attachment C -- Planning Commission staff report for April 20, 1999 Attachment D -- Minutes of April 20 Planning Commission meeting c Attachment E Letter of appeal from William Zimmerman, April 26, 1999 Attachment F'-- Draft resolution upholding Planning Commission action + 0005-1 O six • M1 Attachment A . Location map (Zoning) Tentative Parcel Map 99002 6105 San Anselmo and 4700 San Palo Roads 41 P I RR y Jille ir MF TIFT CRiL EL. ILIA— If PUBLI( ATASCADERO `pQ HIGH SCHOOL Tr Ir j _CP � Y r 1 4\ YC NV 000052 0 .1.. 1:0 Attachment B ,e,$ . >< Parcel Map �A.SCAn � Tentative Parcel Map 99002 6105 San Anselmo and 4700 San Palo Roads f � • 6 aAA"a y, 11-1 M Pum .113 AIft a •� r '� .•6 �j W -825 B h C ,r �y� o f ua a s -� a `arjr.� ((►► `4 a � AtAIaA� • M Y 00-0 iW all q >� ♦°r r Y R i°.6L"V.161t10 A 3 M'�• 1y PORTION 66 C P6 Aa Ms PORTION q a D.� i 1 ♦` ♦ _.BLACK ``♦ 35 TAL G--•W , \ VAKEL PARCEL 2 1 �.�, xi.• t=4 or •�I A PARCEL 3 `327 AIM `\\ TE lat Mrr CL AJ p ► '� A 116E VOL ° AAgS a CO w-n � [ VOCKM ..aa Y F ATy i�P AAnr8 9 46 4 LIES I WASA I W ORTION OF LO PORTION OF BLOCK 2 1 do 2 BLOCK-2 IOT I AT 81.06 _ ... dARCE7.,) / QMR/al i) ATK q-7l7 ATK ft-2117 i CURVES K' dalvEs M[A9UI1 i i ki NN-NO At= I HEREBY APPLY POR THE APPROVAL Of INE 0;M1S 11 a PEAL PROPETITY SHOM ON INIS PREIAOIARY MAP AND U1►A AT WWW GRAPHIC SCALE STAIE INAT 1 AM THE MM OF ORM AOINORZW AOETR OF SND OMaER,ANO INAT THE 91PORNATION SHOWI�RON IS IM AND CORRECT W THE SEST OF MY IL now IDMIM PA110EL YAP .AT 00-010 BEING A SUMM" OF PORTIONS OF PARCELS UYF 4 AT 11111- PARCH MAR OO 6"2 1PAROM S ATAL 0M S 4pT YAIp 1m1Y aT1Y111ARI OF LOTS 13,14 OF KOCK 3,ATASCADEAO TY OF roY rAYot Y-t34 YLW A7A-W`JNp TASCADERO.COUNTY OF SAN L1MS 000-0.STATE OF CAUFORNI Mug6 KUM U-130P d 099-#W-MR PAX 1 OP 1 FEBRUARY 1509 SCALE 11N ° 4-1Ya SRAM°YTaim S RE� GEA Mi/R����� lml WLSW °A'° Y 1IE99 Y-t34 OEAPYINLT yIF1l°JN1af 000053 fEM NUMBER: 4. DATE: Q4j�n/gg iais ■ to e CADF,�� Planning Commission Staff Report Tentative Parcel Map 99002 (AT 99-040) 6105 San Anselmo and 4700 San Palo Roads SUBJECT: Subdivision of one commercial lot into three parcels, 0.57, 0.43, and 3.27 acres in area respectively(net). RECOMMENDATION: Adopt Resolution No. PC 1999-015, thereby adopting the Negative Declaration with Mitigation of environmental impact and approving Tentative Parcel Map 99002, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant: Kelly Gearhart 2. Representative: Wilson Land Surveys 3. Project Address: 6105 San Anselmo and 4700 San Palo Roads 4. General Plan Designation: Tourist Commercial 5. Zoning District: CT (Commercial Tourist) 6. Site Area: 4.27 acres 7.;Existing Use: 'vacant 8. Environmental Status: Negative Declaration with Mitigation posted March 24, 1999. Site description: The site is a large, irregularly-shaped lot of varying topography. Property fronting on San Anselmo is relatively flat and dotted with trees.The area proposed for parcel 3 is a steep hillside containing many trees above about the 940 foot elevation. The property is adjacent to a service station on the corner of San Anselmo and San Palo Roads and across the street from a fast-food restaurant. The site is easily visible from Highway 101. Project description: The applicant wants to divide the site into three parcels, of irregular shapes. 00-0.054 ItEM NUMBER: 4 DATE: 04/20/99 DISCUSSION: 1. The subdivision is consistent with the general plan and zoning. The general plan and zoning maps designate the property for "tourist-oriented" uses. Subdivision of the property does not change this designation. The resulting parcels generally appear appropriate for such uses as restaurants and motels,which are tourist-oriented uses. 2. There are no minimum lot size requirements. In commercial zones, there are no minimum lot suze requirements. Therefore, all three lots are consistent with lot size standards. 3. Parcel 3 is a difficult site to develop. The map would create three parcels. Parcels 1 and 2 front on S Anselmo and are relatively flat and appropriate for commercial development. arcel 3, however, slopes steeply except for a few small pads well up the hillside. The creation of a parcel confers the right to development of that parcel. Proposed.parcel 3 has limited development potential, given its slope and the existence of many trees on the upper portion. Any development of the site will also be visible from Highway 101. The subdivision regulations say: Sec. 11-8.201 General Requirements. The design of lots should be based on 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 property is in the Commercial Tourist (CT) zone, which allows several uses by right. If the applicant were to propose development for any of these allowed uses, a building permit may be all that is required. Staff would then have limited controls on any development. Development may be proposed that would be inappropriate for the site, and it would be di ficult, simply by reviewing the building permit, to require major changes to the project. Staff believes that limited development can take place on this parcel without significant harm. To ad ess concerns about grading, tree removals, and appearance, staff recommends that a Precise Plan be required for any development of the site, whether or not the proposed use is allowed in the underlying zone.Recommended conditions include such a requirement. 4. Environmental review resulted in mitigation. The initial stud concluded that there g Y would be no significant harm to the environment as a result of this subdivision, if the +000055 ITEM NUMBER: 4? DATE: 04/20/99 Planning Commission finds that proposed parcel 3 can be developed reasonably without adverse impacts on trees, grading, or aesthetics. It appears that the parcel can be reasonably developed,with adequate controls. Conclusions The subdivision appears to be consistent with general plan policies. As conditioned, it can be developed with tourist-oriented uses, without significant environmental effects. The map should be approved. Alternatives 1. The request may be continued. The commission may determine that the area enclosed in proposed parcel 3 should not be allowed to be developed at all. If not, then the parcel as designed should not be approved. The lot lines should be redrawn so that the hillside is part of other parcels whose lower, flatter portions can be developed. The Commission should continue the map hearing to allow the applicant an opportunity to redesign.the map. Alternatively, the Commission may want additional information or analysis. Direction should be given to staff and the applicant. 2. The request may be approved with modified conditions. The Commission may feel that proposed parcel 3 can be reasonably developed and that existing regulatory controls are adequate to mitigate compatibility and environmental concerns. The Commission, in this case, should eliminate or reword those conditions that require additional review for development of proposed parcel 3. The Commission may also have concerns about the development of the other two proposed parcels, and may choose to impose additional conditions upon that development. 3. The request may be denied. The Planning Commission may deny the parcel map, if it finds that it is inconsistent with the general plan or with other city ordinances or policies. The action would be final,unless appealed to the City Council. PREPARED BY: Judith Lautner, ssociate Planner ATTACHMENTS: Attachment A-- Location Maps (General Plan and Zoning) Attachment B -- Tentative Parcel Map Attachment C -- Negative Declaration with Mitigation Attachment D-- Resolution approving map 000056 Planning Commission Meeting April 20, 1999 Page 2 of 10 PUBLIC HEARINGS 4. Tentative Parcel Map 99002-6105 San Anselmo (Gearhart/Wilson Land Surveys) An application proposing division of one commercial lot into three (3) parcels. Environmentaldetermination: Negative Declaration 99008 has been prepared to evaluate the environmen al impacts of this project (Staff recommendation: Adopt Resolution No. PC1999-015) Judith Lautner, Associate Planner provided the staff report and answered questions of the Commission. COMMISSION COMMENTS: Commissioner Zimmer an expressed the following concerns: • Called and asked to view plan to see what is on each of the properties. There was no plan at the time of the call. 0 Consider the cumu ative effect of this project and Item #5 on this agenda, as they are inter- related. • Trafficwith regard to access road Staff pointed out the roposed location of the car dealership, motel with manager's unit, and service station. Commissioner Clark stated the following • Include lots 1 and in condition# 16. • The City has created an environment of a little more ease for development to take place. • Design aspects need to be addressed to consider the long term effects on the appearance of the community. Chairman Carden int 'x ected that the City Council is trying to streamline the business permit process. Numerous businesses are reluctant to locate in Atascadero due to the number of . requirements for conditional use permits. Commissioner Fonzi asked to be shown the area referring to the common driveway in proposed condition 17. Chairman Carden co 'firmed with staff that the density of the use is not increased by this proposed subdivision. TESTIMONY: John Falkenstien Catmon Associates stated no objections with the staff report. ned that a letter resented to Ci Council requesting Bob Sparlin�, 7500 S Palo Road mentioned p City q g consideration of San Palo Road, which is classified for residential use, to discontinue through traffic. How will Commission accommodate use for residential and commercial? 00005'7 Planning Commission Meeting—April 20, 1999 Page 3 of 10 Chairman Carden observed that Mr. Sparling was speaking to Planning Commission Agenda item#5 rather than#4. Mr. Sparling took his seat and Chairman Carden invited him to share his comments later on item#5, giving him a fall 5 minutes to speak. COMMISSION COMMENTS: Vice-Chairman Clark reiterated a previous comment requesting condition#16 to include parcels 1, 2 and 3 to insure that proper review is made. The 10,000 square foot rule is good Commissioner Bentz inquired about criteria used to review architectural design. Staff stated that the criteria are stated in the Appearance Review Guidelines. Chairman Carden asked staff if new commissioners received the Appearance Review Guidelines. Staff responded affirmatively that Appearance Review Guidelines were included in a packet with the General Plan Elements and various Ordinances. Commissioner Eddings asked Commissioner Clark if his concern was with the type of project . proposed or the design of the fagade. Vice-Chairman Clark stated his concern is with the finished product design. Chairman Carden stated that he could not support the additional condition. ACTION: Moved by Commissioner Clark and seconded by Commissioner Fonzi to add condition #18 Resolution No. PC 1999-015, stating that a Conditional Use Permit is required for any development of parcels 1, 2, or 3. AYES: Commissioners Bentz, Clark,Eddings,Fonzi,Jeanes and Zimmerman NOES: Commissioner Carden ABSENT: Commissioner Jeanes MOTION Passed: 5-1-1 Commissioner Zimmerman expressed concerns as follows: • Traffic volume extremely dangerous in the area. • Can support the project if some sort of traffic control is implemented. Chairman Carden reiterated his concern with too many reviews, which do not streamline the permit process. Vice-Chairman Clark agrees with streamlining the process, however, when it comes to highly visible areas that represent Atascadero to the tourists and travelers, an extra level of review is in order. 0 ACTION: Moved by Commissioner Carden and seconded by Commissioner Bentz to approve the project with conditions 1-17 as submitted with revised condition #17, excluding condition#18. 000058 Planning Commission Meeting—April 20,1999 Page 4 of 10 aAYES: Commissioners Bentz and Carden NOES: Commissioners Clark,Eddings,Fonzi,Jeanes and Zimmerman ABSENT: Commissioner Jeanes MOTION Failed: -4-1 Chairman Carden said he would accept another motion. Commissioner Zimme rman stated that he cannot support the project without some provision for traffic. ACTION: Movedby Vice-Chairman Clark and seconded by Commissioner Fonzi to approve the project with revised conditions 1-17 as submitted as well as condition #18 added hereto at this meeting requiring conditional use permit for lots'1,2 and 3. AYES: Comm ssioners Clark,Eddings, and Fonzi NOES: Comm ssioners Bentz, Carden and Zimmerman ABSENT: Comm ssioner Jeanes MOTION Tied: -3-1 • Chairman Carden asked the applicant's representative if the applicant is opposed to the Conditional Use Permit requirement? John Falkenstein answered yes on behalf of the applicant, however he wasn't sure if Mr. Gearhart would appeal should the decision go that way. Commissioner Zimmerman reiterated the issue of traffic stating that he wants.his decisions to be the very best for the safety of the citizens of Atascadero. Commissioner EddinR 3 asked staff if a traffic study has been completed for the entire city? Paul Saldana, Comm ty and Economic Department Director, stated that there is a program within the Circulation Element related to this area. John Niel, informed that the Circulation Element did account for the existing zoning of this site. It does recommend improvements at the San Anselmo / 101 interchange. The recommended improvements are widening of the over-crossing and signals. There has been no warrant analyses done for the signal and no funding application submitted for widening the over- crossing. The applicant does contribute to those improvements by paying road and bridge impact fees. It is up to the City to secure the funds necessary to implement the improvements identified in the Circulation Element. iCommissioner Eddin 's asked staff how development of the three or four lots is approached in terms of architectural conformity. Staff responded that review is made of the prevailing style in the area and determine whether the proposal is consistent with the style. 000059 Planning Commission Meeting—April 20, 1999 Page 5 of 10 No decision was rendered at this time. Chairman Carden moved on to agenda item #S. After rendering a decision on Agenda Item#5, Chairman Carden requested that Agenda Item#4 be revisited for reconsideration. Paul Saldana, Community and Economic Development Director, clarified the interpretation of procedure. He stated, in order to have a motion to reconsider, one of the, members of the prevailing side would have to ask for reconsideration. Because the action was a tie vote, under the rules that constitutes a denial and one of the members voting for denial would have to ask for reconsideration. Chairman Carden stated that he had voted for denial and is now asking for reconsideration of the item. Mr. Saldaiia read the provision from the rules under Rules of Debate—Motions to Reconsider: 'Motions to reconsider any action by the Commission at a regular meeting may be made only on the day such action was taken or at the next succeeding adjourned or regular meeting.,, Chairman Carden questioned the applicant, is the condition requesting a conditional use permit acceptable for this subdivision? The applicant responded that the condition is acceptable. ACTION: Moved by Chairman Carden and seconded by Vice-Chairman,,Clark to reconsider item #4 as moved by Commissioner Clark adding condition #18, making precise plan and conditional use permit part of that approval. AYES: Commissioners Bentz, Carden, Clark,Eddings, and Fonzi NOES: Commissioners Zimmerman ABSENT: Commissioner Jeanes MOTION Tied: 5-1-1 5. Conditional Use Permit 99002—5000 San Palo Road (Gearhart/Cannon Associates) Application proposing establishment of a used car sales lot. This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15303. (Staff recommendation: Adopt Resolution No. PC 1999-016.) Judith Lautner, Associate Planner, provided the staff report and answered questions by the Commission. Staff recommended approval with conditions. Staff made mention of a letter submitted by Ruth R asking for additional conditions if approved. Staff supports screening, however, passed amended conditions to Planning Commissioners and the applicant's representative. 000060 6225 Lomitas Rd. Atascadero, CA 9 422 April 26, 1999 Marcia M. Torger on, City Clerk Wade McKinney, City Manager Paul Saldana; Community & Economic Development Director City of Atascad ro 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Appeal of Planning Commission Action of 4-20-99. 1 . Tentative Parcel Map 99002 (AT 99-040) 6105 San Anselmo and 4700 San Palo Roads. Subdivision of one commercial lot -into three parcels. - Resolution ,#PC 1999-015 . 2 . Conditional Use Permit 99002 5000 San Palo Road Construction of a 2,880 square foot building and paving for an automotive sales lot. Resolution #PC 1999-016. As a Planning C 'mmissioner, I am exercising my right to appeal these two actions to the City Council for its decision. My reason is that the cumulative impact of either or both of these actions des not support a negative declaration. If traffic signals are not required at San Anselmo/Monterey and San Anselmo/Highway #101, the traffic increase will provide hazardous conditions- for residents and the touring public using the existing an new facilities to be located in the San Anselmo, San Palo, Monte ey Road area. Thus, it is my contention that proper findings can't be made unless signals traffic lights) are added to the conditions of approval as mitigation. Also without proper control of vehicles exiting onto San Palo, traffic will be increased in the residential area to the south and west. This would provide a negative impact on this residential community. The problem can be partially mitigated by routing departing vehicles (including car testing) to San Anselmo and Highway #101 . I am also appealing subject Item 1 Resolution #PC 1999-015 on the basis that rhe, vote to reconsider was inappropriate under the provision of PC Resolution No. 1-96. 000061 Zimmerman Appeal April 26, 1999 Page 2 At the request of the City Council, this resolution was developed to handle tie votes by providing speedy action for applicants. It provides an automatic no fee transmission to the City Council for action with no recommendation from the Commission.. The Council can take action at the earliest possible date. A motion to reconsider must be made by a member of the prevailing side. In the case of a tie, there is no prevailing side. However, the automatic transmission to the Council reduces/ eliminates delay atnocost to the applicant. William J. Zimmerman Planning Commissioner, City of Atascadero Enclosure Section 11 Resolution 1-96 Section 15(e) Resolution 1-96 000062 Attachment F RESOLUTION NO. 1999-030 A RESOLUTION OF THE COUNCIL OF THE CITY, OF ATASCADERO DENYING AN APPEAL,THEREBY UPHOLDING THE PLANNING COMMISSION'S ACTION APPROVING A TENTATIVE PARCEL MAP TO DIVIDE ONE RESIDENTIAL LOT AT 6105 SAN ANSELMO INTO THREE PARCELS (TPM#99002 (AT 99-040); Gearhart) WHEREAS, Kelly V. Gearhart requested approval of a tentative parcel map to subdivide a 4.27-acre site at 610 5 San Anselmo into three commercial parcels; and WHEREAS, t e site is zoned Commercial Tourist (CT), allowing the type of use and density proposed; WHEREAS, the proposed project is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the proposed project, as conditioned, is consistent with the Zoning Ordinance, Subdivision Ordinance and all other applicable codes, ordinances and standards; and WHEREAS, file Planning Commission conducted a public hearing on the tentative tract map application on April 20, 1999 and approved the request; and WHEREAS, Planning.Commissioner William Zimmerman appealed that decision to the City Council; and WHEREAS, the City Council conducted a public hearing on the appeal of the tentative tract map approval on May 25, 1999 and accepted testimony, both written and oral, on the subdivision proposal. NOW,THEREFORE, SECTION 1. Negative Declaration with Mitigation. The City Council finds that the proposed project, as conditioned and with mitigation, will not have potentially significant environmental effects. The Negative Declaration with Mitigation prepared for the project complies with the requirements of the California Environmental Quality Act (CEQA) and is hereby approved as adequate. 000063 Attachment F SECTION 2. Findings for aplroval of subdivision. The City Council hereby makes the following findings: 1. The proposed subdivision, as conditioned,is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type and density of development proposed. 4. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The design of the subdivision 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 alternative easements are provided. 6. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. SECTION 3. Approval The City Council hereby upholds the action of.the Planning Commission,thereby approving Tentative Parcel Map#99002, as shown on Exhibit A, subject to the conditions in Exhibit B. On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ,000064 Attachment F CITY OF ATASCADERO, CA Ray Johnson,Mayor ATTEST: Marcia M. Torgerson, City Clerk Approved as to form: Roy A. Hanley, City ttorney 000065 .51 six NEI 19118 >< - - Parcel Map Tentative Parcel Map 99002 6105 San Anselmo and 4700 San Palo Roads PMRI CP CO Mew l� - k1 wPra / 1 • • A-1 ww tR � �� A•3 1 PY M y� IN I NI a aaq N 3 � 00-1 140 p a13 � ,y t�ogTION aF i'CLS B k C Ova 114"a s s ,� CO tlb-62 00-3 tow aI a alt t (IMC6 • Y W T \ #AIJF N "aAIN PDl it ' yr PARCf1 I Y a r A 11-16.0 ied.Iiratr Y PORnCOO66 P 2 C4♦ rot 0-1 PORTION$t cut (PMt11� PARCEL 3 \\ tom Yb \ \ t 3W A� ry Y`�9r a ua PMR 3 CC«-a Ar � m ra m►.AR AULSCaff " c C AUL t1-387 UNU PORTION OF LOTS 1 a 2 �'� ORTION OF LO - _ _tiYk BLOCK-2 _. UlfI a arra BLOCK 2 Y:� pAAI>2 q AM SO-07 ATK M-W "x law�at to�ar @ a Y � TATRTEs trAalR+m 1 - NR NO RLCORD 1 MEMW APPLY FOR INE APPROVAL OF, Ta DMIION OF REAL PROMTY SHOIM ON Da MAWARY 4AP AND IaY a AT was GROM SCALASTATE TNAT 1 A4 DE OYRR7t OP OR DIC AUUMM -AGENT Or SAD OWIER.AND THAT THE WOIWATIdi .. SHOIANID1,10 011 IS TRUE AND emw TO"BST OF W {b� KNOWM r 31(m 441 f Tr raT) e�.tr 116r Tomim PAR=1W AT x-010 1q81M OF PARCC 4AP OD 69-62(PARA L S ATAL MT-�7)(pCR CtaR Male ALLY eDw1AN. LOT•At A8- OF tori 17,14 OF BLOCK 3.ATASCADERO COLON0 T;17Y Of S rot MArm r-w ATASOADE r COUNTY OF FSAWEN 11RS O 199 STAR OF CAtFO-4 �rwn .i 130 - A1 d=L CA ADS-400-MJ 9FIEYT 1 a 1 f'E7IRUARY 1859 9CAlE Yd W 1 A�S/�RErQUESTED BYS 4-134 OEAr4QV �m 3�t-aE— Btl aGum"T AAA=M IAAMM 4-/4SX-03f.Y'-11 wul - _000066 EXHIBIT B Resolution No. PC 1999-015 Conditions for Tentative Parcel Map 99002 6105 San Anselmo and 4700 San Palo Roads April 20,1999 CONDITIONS Engineering Division: 1. All public imp ovements shall be constructed in conformance with the City of Atascadero Engineering D partment Standard Specifications and Drawings or as directed by the City Engineer. 2. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of he parcel map, all outstanding plan check/inspection fees shall be paid. 3.. An encroachm-,nt permit for work within the San Anselmo right-of-way shall be obtained from the City E ngineering Department prior to the issuance of building permits. 4. The applicant shall provide a six-foot wide public utility easement along the entire property frontage outside the existing San Anselmo Avenue right-of-way. 5. The applicant hall be responsible for the relocation and/or alteration of existing utilities. All new utilities shall be installed underground or as approved by the Community Development Director. Utilities shall be extended to the property line frontage of each lot or its publi utility easement. 6. The applicant shall submit road improvement plans prepared by a registered civil engineer for r view and approval by the City Engineer prior to recordation of the parcel map. Road improvement plans shall conform to the requirements of City Standard Specifications, Section 2 - Preparation of Plans. R-value testing shall be done, and the pavement sect on 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 easterly half of San Anselmo Avenue shall be improved in conformance with City Standard Drawing No. 406 (collector) along the entire property frontage, or as approved by the City Engineer. . The improvements may require the overlaying of' 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. B. Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut or fill slopes. Offers of dedication shall be provided for all public improvements which are constructed outside of the existing rights-of-way. 000067 Exhibit B Conditions TPM 99002 . 6105 San Anselmo and 4700 San Palo Roads Page 2 7. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. The applicant shall install all final property comers, or bond for them,prior to acceptance of the improvements. 8. The applicant shall provide notice either on the parcel map or by separate instrument recorded on, concurrently with, or prior to the recordation of the parcel map that there are requirements for. off-site and on-site improvements and that the construction of the improvements shall be required prior to the issuance of building permits or other grants of approval for development of the parcels. 9. 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. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by_these improvements. 10. 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 the final inspection. 11. A Mylar copy and a blue line print of the 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. 12. The applicant shall have the parcel map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company which indicates their review of the parcel map. The letter shall identify any new easements which may be required by the utility company. New easements shall be shown on the parcel map. Letters from utility companies shall be submitted to the City prior to recordation of the parcel map. 13. All existing and proposed utility, pipeline, open space,`or other easements are to be shown on the parcel map. If there` are building or other restrictions related'to the easements,they shall be noted on the final map. 14. A parcel map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall-be submitted for review and approval in conformance with the Subdivision Map Act and the City's Subdivision Ordinance 000068 Exhibit B Conditions TPM 99002 6105 San Anselmo and 4700 San Palo Roads Page 3 prior to recordation. The map shall be signed by the City Engineer prior to its being placed on the a' enda for City Council acceptance. A. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the parcel map, - that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. B. A preliminary subdivision guarantee shall be submitted for review and approval by the City Engineer prior to recordation of the parcel map. 15. 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. Community Development: 16. Any development f Parcel 3 requires approval of a Precise Plan. 17. Development of parcels 1 and 2 must include use of a common driveway for the two properties,to the approval of the Community Development Department. 18. A Conditional Use Permit is required for any development of parcels 1, 2, or 3. 000069 - at ITEM NUMBER:_ G 1 DATE: o 25199 M ana � ees'Agei,04 Report Wade G. McKinney Purchas Property (adjacent to the Atascadero Lake Park)_ APN #031-361-003 -#031-361-0119 #031-361-012, #031-361-015, . - &'#031-3(1-017 - Sell Surplus Property (on Santa Rosa and Sycamore Roads) "N #028-092-009,#056-322-010, and #056-322-011 RECOMMENDATION: Council authorize Cit r Manager to purchase 5 parcels at the southwest comer of the intersection ofPortola Road and h forro Road for$300,000 and sell two lots on Santa Ross.Road and one ,y Syca more Road for$ 25,000 plus associated closing costs. Council appropriate $75,000 from park impact funds for purchase of park land. DISCUSSION: City staff have negotiated a property exchange with Kelly Gearhart to obtain the 5 parcels adja cent to Alvord Fie Id and the Atascadero Lake Park. Mr. Gearhart purchased the lots for $300,000 and is willir g to sell them to the City for the same price. The City currently owns two , lots on:Santa Rosa Road near the Lake which have an estimated value of$85,000 each. In- __ -r_ addition,the City owr..s a parcel on Sycamore Avenue valued at$55,000. Staff proposes exchange the three lot 3 and pay$75,000 to Mr.Gearhart in exchange for the 5 lots adjoining the Lake Parke The Lake Park lots wi 1 provide the City with greater flexibility in developing the Lake Park;ZoQ M and Alvor Field. s property provides important frontage along Highway 41 and could assist in the parking issues i 'the area. MCAL-IMPAC i 4 k3 Exchange of$225,000 of City property and payment of$75,000 from park funds A v 4 f 3 RESPONSIBLE EPARTMENT: City Manager's office, . ATTACEIMENT: Location maps } ^ s � •S 45 cr ' testi "s it .. s +� ert �� tttttt q N f led J � 16, AD to 009V1 f •� Yr 031-3613 03 }.031-3���� �y 3 ` 031-3 1�1S { ' 1- 1-*tp M ooI c. �1 r �� OOLr a a N� N Q Od cs p U N O 0 p.�p50p0£� J "ham � e J. C 31II�iit _ N fp / �9 LL Co co A N ^ b ry C C N 14 S M p M1 0 O ♦, ._ N 2 ib.`r,� „ ♦ r r O i i i 028-092-009 Q ON y eco S1 Q < OYe l H Jcnh �x 1• �c � � foo. I^- cn yoo v 02 , m. yit N .' :ole 9° xt N � � AVE• a"EUENA •sy.syr O O . Q 0 0000'72 056-322-010 Z z 056-322-01 o= o � rcol v� vQ Ac W O O 0 J o w Q L•-• In moo.. � � y � to LU O ti =$ fir. ae / ® :GO f s LU CY co PI« �i 1QN «Ev62 N 69tt1 C[. Q hj -.,+,/, �yi, 05 GS 0 J • 99,161 0 O 'LL w O • ^�A - s .ova, rar '� � � ♦`/Juu" p fi 4O x r. p fp d (`/• O N , a . 'Ira $ o y spot a VN lox j U)O i• .o W 2. cm /O, ;= a �• 11 �a �• to ua.N o° r ,�� Jtr t6 r' `�J i 2 sOJY — `• roe F Z XA e.r Ile. o_ is It ovr � M - -- co - a b ^Q 4 p ot c. > M •co rj O o � ►Oft N :.^ G - ITEM NUMBER: C -'2 DATE: 05/25!99 , CiJL Mtn -er's Agenda Report Yade G. McKinney . Weed Abatement-Awarding of Contractor Bid RECOMMEND TION: Staff recommends Council to determine Hallett's Backhoe Service Inc.not to be a responsible bidder and award the ontract to Jack R. Bridwell. DISCUSSION: Bids for the weed ab ement contract were opened on Thursday,May 6, 1999 by the City Clerk. As indicated on the a ached bid summary sheet,3 bids were received The criteria for establishing low bidder is determined as follows: _ g a) I he highest emphasis is placed on handwork because,on an annual basis,the largest portion of our city's abatement is handwork. b) I he next emphasis is placed on tractor work(mowing). c) All bids are reviewed for errors,omissions,or improprieties. The lowest bidder w R& S Landscape,but the bid was invalid due to an error made on the bid price,causing the bid to be withdrawn. _ ne next lowest`bidd was Hallett's Backhoe Service,Inc. However, staff is concerned - about the appearance f a conflict of intetest that may blemish the weed-abatement- -program batement program and Hallett's Backhoe Service,Inc. - - v The bidding contract 's�(Hallett's-Backhoe Service Inc.)sor,-Engineer Scott Hallett;is a full-time employee o the City of Atascadero Fire Department. Engineer Hallett from time to time may part cipate in designating properties for abatement. Engineer Hallett has the responsibility and duty,to`'act in the weed abatement process:The fire department has r a long-standing p�alic that einployees_do not provide outside weed abatement employment within city.The weed abatement program is controversial in,nature because of enforceme t on private properties and fees assessed on the tax rolls. This . 1 O000'7$ a v 3;ti '� 'y f ` k a :.zt'�s aS ,.`Xa t a: ii 7Y i#i _ F 11 I �t x E' 0 ti �t#['r k 1 •z: x 1 1� i r z Sx t .'. x a ,� t .�, . - ¢Frx° , A f ' zzx � ,' 1 -+ '�. + . u, *hM `yg + 14 tu 0 w.. 11- P h -11 do pul�cru►1y dare;any acctons t aye; rn ire r _ shc� dvoaded. rmneds the b� hack R„$ndwell. a �� �,,. .: p y i, f1 l Y "F�' k _ p4 - _ =: .r. „"k ' v - .;. s are a wally to'cover&6 of abi t nt P and fees asseser�ts on, tax bills of ;pcela meted, z z . - - - -- _ — mak. _ __ _ _ _ -� ... 4::, ` ,. TICS: k 11. , _ i cau det ne _Halle is Backhoe a ceO I"S, nc is a s}ao b e bid-- and award the c+ t.' : . t can rej l bids and -bids contract.t.'TW alt is a.is no � i i " `_'' c a it would not allow the app�rop iate time W.enter assessments on the 1999-2000 tax I: - - 1. . 1. NSIBLE B� T , s Fire e 11 I I I * t �» . Cca +fir Bid Summary City A, y Memorandum'-Re:$id Nfistake + for!Services of Contractor-Contract,No. 99-U 1 _ ,_ k h r 3 .r ..�.1 a- a �.,,, ,ate". , --ry 'A � I II �...Ay..y. yam•47 L. -s. ... 11, t..rrA* 'X § f1§F f" -e2�+^rimt?�- i .c'-.v`rt -!. ^ X. t ..:f > tax ` s r a tQzl s'�*t*`��III= y - x• n 12 s y '� `¢.� .sT'aa ,' F„`k?* `Y*z '' iS ti.- frO - iLM" � �- V . MI 11 r , .� *m kt n T, � x � �' .: .7,. `+ x'- y ' �+,w-.. ll '6S' ,,..� sY s^'� .a -.rf' n s ,, �3 2.. r r. f"S" k t'^xk j 1 �+ € X^' �, W Lft'v L' 7 § �.n �'�' +.'yr b r't �s°"1, E ''E"s ^. „s. ,,p,.4 5k.>F s....�c x�aF �.,`,F.,a-.�r fit,£. = pa t x w»--s�g ; r R11, t ?r t ^�' kr i s aZ.F ti i� "2 a-t i 'a L- r t kF Yt, xr~T, 1. r- # '­11 � '*7'"'w= -t t r "". z r A r 7 x- A-{k� ; 7 F + .mss' {m. 1. :. .�' s " j .; a ■Ai�Y�+ _" t ° :.�..xq ry` �' k� yx :F'k i�r * y }z moi" VVV.V•� � s,sI�e .v , r r. .R g t a r ,sof k ''y 0 Clity oA.tascader' ol Office o,f the City Clerk - BID SUAVOIARY TO: Mike 19cCam,Fire Chief FROM: Marcia McClure Torgersan,City Clezk BID NO.: 99-02 OPENED 05106P)9 2:00 p.m. PROJECT: Weed Abatement (3)bids were received'and opened today,as follows: Bidder Tractor Hand Hauling Mowing Work Hallett's Backhoe S ,Inc. $23.25 per'/2 hr. 29.82 per 72 hr Small $10.00 2212 C omen RartchLane Med. $17.00 Paso Robles,CA 93 9650 Lg. $22.00 X Lg. $33.00 Jack R.Bridwell $19.00 per'Y2 br. $38.00 per V2 br. Small $15.00 11600 Viejo Camino Med $20.00 Atascadero,CA 934 Lg. $30.00 X-4 $40.00 R&S Landscape $12.50 per Y2 br. $12.50 per y2 br. Small $50.00 (Stan Packer&Ryan acker) Med $75.00 980 Hereford Ln. (P. Box 1403) Lg. $160.00 Paso Robles,CA 93 7 X Lg. $250.00 Attachments:3 bids 000076 ITEM NUMBER: e - DATE: May 7 1999 e aip NMI Ms' e ® e� � CA] / City Attorney's Memorandum To Fire Chief Roy A. Hanley To: Mike McCain Re: Bid Mistake There is a difference between a bid mistake and a bid with an insignificant compliance with the bid specifications. A bid that substantially complies with the call may be accepted and the slight discrepancy ignored. A bid with a mistake in it may be accepted, and the bidder held to perform, or if certain conditions are met, the bid may be withdrawn, but the withdrawing bidder may not be awarded the contract. It is my understanding that in the hand-crew portion of the bid the low bidder made a mistake and bid a price for one operator while the bid called for a price for four. For the bidder to be relieved of this bid, he must inform us within five days after opening of the mistake and tell how it was made. (PCC 5103) The mistake must have been made in filling out the bid and not due to a careless reading of the specifications. Legally, you have two choices.You may choose to hold the bidders feet to the fire and insist he accept the work as bid. You may decide to relieve him of his mistake, but his bid is withdrawn and he can't participate in further bidding or be awarded the contract. I am relying on the cases of Valley Crest Landscape Inc. v. City Council and Ghilotti Construction Co. V. City of Richmond. Practically speaking, no one may be knowledgeable enough to complain if you let him change his bid and call it an inconsequential deviation from bid specifications: But since the mistake went to the amount of the bid, it probably is not a legally defensible position. Have fun and good luck. 00007 7 ■ C1TY ,0YATASCADERO 1918 ! 1 1s7 'FIRE DEPARTMENT A� J WEED"ABATEMENTYROGRAM ACTREEMIENT FOR SERVICES OFCONTRACTOR . CONTRACT,NO:99-016 _. This agreemet,is made upon'the date of execution," as set`forth;below, by.and between` " tractor, hereinafter referred to' as ."Contractor",i"and the -City of Atas aderoCalifornia, a Municipal,Corporation, hereinafter referred to'as "City" The parties.hereto, in co ideration of the mutual covenants contained herein, hereby agree to the following termsand c nditions 1.00 GENERAL PROVISIONS _ - r 1.01 TE : This agreement will become effective on the date'of execution set forth BeloAv and will continue in effect until May 31, 2000, or is terminated as prow ded herein. f 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR' Contractor agrees to pe rform or provide,the services specified in '.'Description of Services" attached hereto as !Exhibit A"hereby incorporated herein Cont actor shall determine the method, details and means of performing the` abov referenced services Cont actor may, at ,Contractor's ,own expense, employ such assistants as Cont'actor deems necessary to perform the'services required of Contractor by this greerrient.,'City may not control, direct or supervise Contractor's assistants ore ployees in the performance ofthose".services.; " 1.03 CO A PENSATIONon, conside"ration for the services't o be performed by Cont'actor;City agrees to pay Contractor the consideration set forthi`in the amo is and under the terms provided in "Exhibit B",;herebyincorporated herei' 2.00 OBLIGATION OF CONTRACTOR 2.01 ., MI MUM AMOUNT OY "SERVICE BY "CONTRACT: ' Contractor agrees to devote the hours necessary:"to perform the services set forth iri this agre ment in an efficient and effective "manner. Contractor may represent, perf rm services"for and be,employed by additional iridrviduals or,entities, in.. Cont actor's sole discretion, gas,1ong as :the performance of -these extra- cont actual seivices does not interfere vi�ith or presents a conflict with Crty'S busi ess - , s 6005 LEWIS AVE ATASCADERO,CA.93422 (805)461-5070 FAX(805)X66=2907_ ,. 0000'78 2.02 TOOLS AND INSTRUMENTALITIES. Contractor shall provide all tools and instrumentality's to perform the services under this agreement except those listed in "Tools and instrumentality's provided by City" attached hereto as "Exhibit C" and hereby incorporated herein. 2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City, and Contractor intend and agree that Contractor is an independent contractor of City and agrees that Contractor and Contractor's employees and agents have no right to worker's compensation and other employee benefits. If any worker insurance protection is desired, Contractor agrees to provide worker's compensation and other employee benefits, where required by law, for Contractor's employees and agents. Contractor agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Contractor and Contractor's employees or agents. 2.04 INDEMNIFICATION. Contractor hereby agrees to,and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Contractor's or any of Contractor's employees' or agents' operations under this agreement, whether such operations be by Contractor or by any one or more persons directly or indirectly employed by, or action as agent for, Contractor; provided as follows: a. That the City does not, and shall not,waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with.City by Contractor, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any agent or employee of Contractor regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.05 INSURANCE. Contractor shall not commence work under this contract until s/he shall have obtained all insurance required under this section and such insurance shall have been approved by City as to form,amount and carrier: a. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect City, its elective an appointive boards, officers, agents and employees, and Contractor and any agents and employees performing work covered by this contract from claims for damages for personal injury, including death, as well as from claims for property, damage which may arise from Contractor's or any subcontractor's operations under this contract, whether such operations be by Contractor or by anyone directly or indirectly employed by Contractor, and the amounts of such insurance shall be as follows: 2 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES-1999 CONTRACT NO.99-016 0000'79 (1) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to death, to any one person and, subject to the same limit for each person, in an amount not less than $500,000 on account of any one occurrence; (2) Prope Damage Insurance. In an amount of not less than $500,000 for damage to the property of each person on account of any one occurrence. (3) Comprehensive Automobile Liability. Bodily injury liability coverage of $500,000 for each person in any one accident and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability of$500,000 for each accident. (4) Worker's Compensation Insurance. In the amounts required by law as set forth in Section 2.03 above. b. DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductible or self-insured retention must be declared to, and approved by, the City. The City may require that either the insurer reduce or eliminate such deductibles.or self-insured retentions as respects the City, its elected or appointed officials, employees, agents or volunteers; or the contractor shall procure a bond guaranteeing payment of all losses, and related investigation,claims administration and legal expenses. C. PROOF OF INSURANCE. Contractor shall furnish City, concurrently with the execution hereof,with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract. The certificate or policy of liability insurance shall name City as an additional insured with the Contractor. 2.06 REMEDY FOR CONTRACTOR'S ERRORS Contractor agrees to reimburse the City in a period of up to one year for errors that he creates in either the billing or work process. Upon identification that an error was made on the contr ctor's part, the abatement officer shall present the documentation which explains the error to the contractor for reimbursement. The contractor shall provide reimbursement within 7 days of notification by the abatement officer for his portion of the abatement fee,plus the County fee for billing. 3.00 OBLIGATIONS OF CITY 3.01 COO ERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 3.02 PLACE OF WORK: City agrees to furnish space for use by Contractor while perfonning the services described in this agreement only as set forth in "Exhibit D", hereby incorporated herein. Any work space requirements not set forth in "Exhibit D" shall be the responsibility of Contractor,and Contractor may use alternate space for performing described services. g WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES- 1999 CONTRACT NO.99-016 000080 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding ding any other provision of this agreement, any party hereto may terminate this agreement,at any time, without cause by giving at least thirty(30)days prior written notice to the other parties to this agreement. 4.02 TERMINATION OF OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty(30)days as set forth in Section 4.01; (5) End of the contract to which Contractor's services were necessary; or (6) Assignment of this agreement by Contractor without the consent of the City. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this agreement or materially breach of any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 4.04 TERMINATION: This Agreement shall terminate on May 31, 2000 unless extended as set forth in this Section. The City, with the agreement of Contractor, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. The condition of this contract is to abate those properties as identified and presented for City Council action on April 27, 1999 and work to be completed prior to July 21, 1999. Any subsequent abatable properties discovered after July 20, 1999, will be forwarded to the contractor within the one year contract window. 5.00 SPECIAL PROVISIONS None 6.00 MISCELLANEOUS 6.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 6.02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 6.03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any assignment or attempt to assign by Contractor,whether it be voluntary or involuntary,by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. 4 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES- 1999 CONTRACT NO.99-016 6.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the p ies hereto, arising out of or related to this agreement, or the breach thereof, the pre' ailing parry shall be entitled, in addition to other such relief as may be granted,to a reasonable sum as and for attorney fees. 6.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be perf Drmed by either parry be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except nancial inability not the fault of the parry required to perform the act,the time fo performance of the act will be extended for a period of time equivalent to the pe od of delay and performance of the act during the period of delay will be excuse ; provided,however,that nothing contained in this Section shall exclude the pro pt payment by either parry as required by this agreement or the performance of any act rendered difficult or impossible solely because of the ' financittl condition of the party required to perform the act. 6.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or othe communications required or permitted by this agreement or by law to be served n or given to any parry to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepai to the following address for each respective parry: PARTY ADDRESS A. '.CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attention: Fire Dept. B. Jack R. Bridwell 11600 Viejo Camino Contractor Atascadero, CA 93422 6.07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need f 'r the interpretation of this agreement or any decision or holding concerning this agreement arises. 6.08 BINDING EFFECT: This agreement shall be binding on and shall insure to the -benefitof the heirs, executors, administrators, successors and assigns of the parties hereto,but nothing in this Section shall be construed as a consent by City to any issignment of this agreement or any interest in this agreement. 6.09 SEVERABILITY: Should any provision of this agreement be held by a court of compe ent jurisdiction or by a legislative or rulemaking act to be either invalid, void oi unenforceable,the remaining provisions of.this agreement shall remain in full fore and effect,unimpaired by the holding,legislation or rule. 6.10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other a 3 of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 5 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES- 1999 CONTRACT NO.99-016 000082 6.11 TIME: Time is expressly declared to be of the essence of this agreement. 6.12 DUE AUTHORITY:. The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 6.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for convenience_and reference only, and-are not intended to be construed to define or limit the provisions to which they relate. 6.14 AMENDMENTS: Amendments to this agreement shall be in writing and shall be made only. with the mutual written consent of all of the parties to this agreement. Executed on June 1. 1999 at Atascadero, California. ATTEST: CITY OF ATASCADERO By: MARCIA M.TORGERSON RAY JOHNSON City Clerk Mayor APPROVED AS TO FORM: CONTRACTOR: ROY A. HANLEY JACK R. BRIDWELL City Attorney Contractor APPROVED AS TO CONTENT: _ RACHELLE RICKARD Accountant 6 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES-1999 CONTRACT NO.99-016 000083 EXHIBIT A PROFESSIONAL SERVICES TO BE PERFORMED BY CONTRACTOR Contractor agrees to complete the project consisting of destroying noxious or dangerous weeds, or other flammable materials found;upon or in certain lots and lands in the City of Atascadero, and the removal of tree branches, refuse and other waste materials, including clearance of drainage ditches as required by weed abatement regulations. 7 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES- 1999 CONTRACT NO.99-016 000084 EXHIBIT B CONSIDERATION FOR SERVICES Bid No..99-02, as follows: Mowing large parcels (one acre or more) by tractor with operator, shall be therate of $19.00 per %Z hour, with the minimum time per job on any parcel or lot to be one-half hour. Hand work (weed-eater) on small lots or lots not accessible with a tractor, the cost shall - be $38.00 per % hour (entire 4-person crew), with the minimum time per job on any parcel or lot to be one-half hour. Hauling of debris from parcels to the landfill, the cost shall be $15.00 per small load, $20.00 per medium load, $30.00 per large load,and$40.00 per x-large load. The contractor shall provide a camera and all the color film necessary, so as to take sufficient pictures of each lot he/she abates before and after work is completed. Each picture shall be identified by parcel number with an easel or dry erase board in the photo with the appropriate APN indicated. The APN indicated on the board must be clearly visible for payment. Additionally, all photos are to include items to be removed, including weeds, refuse, appliances, or any other.abatable material, as directed in the contractor's work order. Before and after photos shall be taken from the exact place : and direction, so as to include significant and identifiable landmarks, as defined by the Fire Chief or his representative. All photos are to be organized and mounted on pages supplied by the city, submitted along with the completed worksheets with all billable time entered by the contractor, and delivered to the fire department's administrative secretary as each map book is completed during the weed abatement process. As proof of work performed, you are responsible for all costs incurred to generate the photos. Payment for the contractor is provided by fiscal year (July 1 to June 30), following city council approval. Therefore, all work completed during the period from the June 11 through June 30, is to be submitted to the fire department administrative secretary by July 1, and the period of July 1 through July 20 submitted no later than July 22, 1999. Safety equipment to be provided as required by the City of Atascadero -Fire Department. Each towing and/or crew vehicle shall have installed on board one 2AlOBC fire extinguisher and two round point shovels. Each tractor shall have installed on board one 2 1/2 gallon water extinguisher and one 2Al0BC fire extinguisher. g WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES-1999 CONTRACT NO.99-016 000085 EXHIBIT C TOOLS AND INSTRUMENTALITIES PROVIDED BY CITY 1) Map books 2) Work orders 3) Street markin 9 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES-1999 CONTRACT NO.99-016 000086 e EXHIBIT D PLACE OF WORK 10 WEED ABATEMENT PROGRAM AGREEMENT FOR SERVICES- 1999 CONTRACT NO.99-016 000087 ITEM NUMBER; G -3 - .-DATE: 0515199' kL t ' tyto �s.Agenda Report WiW G. McKbiogy - Information Bulletin etio --Mlramo ndcamore --- - On`March 23, '1999, Council directed the Police 'Chief, Fire` Chief, and Streets Division Supervisor to recommend a possible alternative to installing 3-Way stop signs at the intersection of lvliramon and Syc ore. (see attached map) Ater an cin-site inspection,�staff will.be taking the following measures on a trial basis for a min mum of b mon I. ` Install-1 st oo,sign on Sycamore Rd.,exiting River Gardens. a Th stop i will be installed in a location to insure visibility of vehicles on op s_ � - ty Sy amore Rd.;entering River Gardens. 2. Property owners will be required to trim vegetation that obstructs the view of vehicles in this intersection,in accordance to the law. I 1 These temporary measure will be monitored to develop a permanent solution to this problem. Pro 4'h. of J ly Event - ©n may 13, 199.9, 131 l Rabenaldt.withdrew his request for a fireworks display at Atascadero Ike for July 331999 The short time frame to adequately plan and organize the event was the overriding concerti in Mr. R .benal s-decision to withdraw the request this year., City staff will _ meet with Mr. Raben dt;lakeside neighbors and other interested parties tti,discuss the issues . involved in staging a my`4' `f reworks display iii-the Year 2UQ0. Everyone wants to successful event neat year,if:it is approved by the City Council: More time will enable everyone •: to plan acid�e the reparations necessary for the`proposed event in 20UQ :The'item:is tehtatively scheduled come back to the City Council for re6bnsideration before the end of _ <.- _. . r.; Ye _ 8 1 i 1 � � .,y ] k 3 ,"', I s'�§ Ste" "Y '� M t :' g l .fir �€r Mr,t 1 i 1 c 1�111 .�.�....,�.�,�.. l s s a t r a s- I } 3 °w" �111-r YA T Ta' C 11 •d 4 S X ,:4 3 -1 - H Y-xr:S Jfi F F F 1 F. - U "u '" 3r y� .-, J. R y 3 ry a . See r 4 . , k fc the F u�a�ace Sta final ,S to;th 'S + '1. l d ci to11-11 -be lily die a �Q t r+#-""J i k',' - a .-,ti ,-k r ,t- rte. .a ,,,-�.-�l,,;���""�� -;�io*-, ­ �', i, "�,,,�,,'- ":-'i.�i---- -i �, , � 11 -.. � . I'll, 4-- - -1 I r' .-. _ se tt,pro r , initiated in A i ,of , �.- .Y vsras level i�rd-der- we M _ k- Iwrceinx F�._. _aid o111.1�f ren-�17 fxnnt Phil SMS, cif the C unity , . rdi eal,. a effazt. Tho ,rafcrt hav n to :,commui with t •c , 1. out , chert, .+gin the code C e e it r the ' ,; I * Wil, loor of have x{ fog£ to' ..sip' c t1y ,.:if h Garai thr a ate visit . . we have , � sfdl. 1. _, __ ,, ,; I 11 11 ._ 11 . 1, City has lcr t`27 valid � enf orcem��. "xi1. I y eleven of i xto cc hf4 a Wi , to initis fc��l + � and .,, ; c p e�ly wit i formal. abatement meas and .are11 F i3'3i 5: 51 t4k1L1IC3p CI 1 .i t3 � R ` av ly four comp each' .Commsta , " * c aft solved of immunity'leveloer :{planning c'G , hoaer .are ref d tents for fu . n: Qin Prq.1 . ` a fiber , Violatio the City -amulti ' pl. aP involving r t ivea from 11 I, I + `bui g, police,environmenntal h and agencies. _ , - - - - - - - - - - 4 J11, k re - 2 ' t `g..c 4 . .�: t -r te s ,� z „t x. z > 7. - rxu t' s ry k 2 . - #-s�-».ter-v-'.a. ^-;{ .-w+e^ ,. ..�.�.... ,�-•, a -- A -''�=- `�^`� '^1, tip•- ,.k Y �-r.....- ,+' `y,. ,- ."' f -tom��,- .s # es a. ,�.. ., 3-",,', ' '°i-�- / " —, ,;;.,.� ,r-;. l. 11 s*x . .»� r1.a ^s, �s r .�: x, s.ti rk`-..c a v. Y r -.�.. ,#" '. _,,'r r +. - .�"'y.,l`` i'l,+u`;r i7" 'tr`�;r t, a r�. '..'r "xe s qi.: S,^-rc i.-. 5"' '' ,�xr '"#,ir,"S'*`w� `�7�""� spa s -.-' `r, ..r s...3 'I*ri .. S.,g[. .� y. , �r 04" .',-k, ,.M. ,�3 «a**-c,�.,.tt aa-i5'4rrw..�t...Y,r- r �.-.F J' `':.. r, ,�t 'x r- s rff 'rz-,,� P., .,.t.,e: .r:.0.ay. ., 11 r C f a'' r x ,P m, a x ° r 4.t § kx 'r W{ reg` r � r awe - a +', S a + '� :P� �� x,. x - s r gOP 1110, o 000090 ITEM NUMBED: DATE n' 45/25/9 t e 's Age d; Report : Wi de G. nney - Set Date for Redevelopment Hearing RECOMMENDATION: State'recommends Council adopt Resolution 1999-028 setting June 29, 1999 as the date of the joint public hearing o the,redevelopment plan. DISCUSSION: BAd=Md:,, Rede .elopment Law requires the City Council to hold a public hearing (jointly,. , the Agency) o consider adoption of the Redevelopment .Plan for .the Atascadero ' r Redevelopment Proj c ct Area. The Agency has transmitted it's report on the redevelopment plan and has requested.the City Council set June 29, 1998 at 7:00-p.m.for the joint public Bearing. The attached report to the City Council is a required element of the redevelopment process. It is assembled in one d ument to provide all information, documentation and evidence required by law to assist tht., City Council in its consideration of the prepared plan and in making the various findings and determinations that are legally required if it decides, after the joint public hearing,to adopt the edevelopment plana - Jug 29, 1999 is reco nmended as the date of the joint public meeting as it is the fifth-Tuesday of-'- the month, and does not conflict with other scheduled meetings. Likewise, this would provide pity Council and he public to focus solely on the the plan ' .- 4 77- - FISCAL IMPAC t. No l iirpaet A erhsmg for special meeting is included in the 1998/99 Fiscal Year Budget SPONSI LE EPARTME W Community Development ' g 4 A'IgI'AC�IC [ IENT ; A Report to Gity GouncilLL e _ $. Proposed Redevelopment Plan(submitted separately) C Final Environmental Impact Report(submitted separately) D Res©lotion 1999-028k 4l _ r x M»y, i-rer .,,"_ i ,�—,W�--ter x -. 6 4 r 4V �. a'4 �.. -a r s - ' ,cu # ' � _ - J, i. ;. .� g ,y �* Y t Jit" I" -1 I " _.�Iy� � . �K, : {& ! . 5 ec k Y y[! y5 v ,� k �F 'VtFi �� ,} k t 'x+Lh } --sem '3 I - J a� } y' �t ,, < g f £ 9 % V_ f- 4 At ha leve pmt Age( "A.ge y#' #�b tuti a c�, 14,.1999, E t ��0 nth <± ity,E � ' . . X 12- At to tem o pore ` , � W) c el1:1 1 ' r Cc►I cell a"Qin p�h+� A '', the t�� �l d r �' rf # p = - - 1:1 --- - :C1ty.Ca 'pt of Y. :with ,, -pu _. . MERKS, Se� 33451 of the Cali y R ,e ., fat w-M = 3 et : , d lic'h pd ' tl fth ,A , y tl _ C il;. WS I ` lic of Y" Caity Cts 29, 1999# 7, p.m., n the. .". 'il C ide � act proposed ve all ` ; ' � y on 2. City CdI lerk cI.f City bf A.tascade �II shall. +e; II • h t !and�. ►� as may oe '� to. '..t� P k _ .. . - __ - -" - -_ -- - - - - -is hnmq&a*ly Won adWtim - - � - � - 777_ SEU AT Q '�l�Jb qty cil the 21_15, cif 'III , 1999 by tip' A�Ila �— T ram' { ` c - v '.- . pv .' sa G ;,4' k k 'F , 9"41,.�.�cf k 4 5 .�`d., C A g # s '."` ,: c — — f - s '� tt -mss :bK t '` 'z 111, s T - ,� _ s a u Pkv } ;4 ,�, �.+` r* i s �' ¢ C } ,. ATTEST Marcia M. Torgerson, City Clerk Approved as to Legal Forra Roy Hanley, City Atto mey 000093 City Council Resolution o. 1999-028 -2- pss