Loading...
HomeMy WebLinkAboutAgenda Packet 08/22/2000 e .to .l ® AGENDA Isis ® 9 A �'D1i ATASCADERO CITY COUNCIL MEETING TUESDAY, AUGUST 22, 2000 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4th Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. Conference with labor negotiator(Govt. Code Sec. 54957.6) • Agency Negotiator: City Manager Employee organizations: Department Heads, Mid-Mananent/Professional, Confidential, Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascadero Police Asmc. 2. Conference with legal counsel—Existing litigation(G.C_Sec. 54956.9) Significant exposure to litigation: Fredericks v. City of Atascadero 3. Conference with legal counsel -Anticipated litigation(C-C. Sec. 54956.9(b)) Significant exposure to litigation(one case): Maxine Hi v. City of Atascadero REGULAR SESSION, 7:00 P.M.: PLEDGE OF ALLEGIANCE: Mayor Johnson ROLL CALL: Mayor Johnson Mayor Pro Tem Arrambide Council Member Clay Council Member Luna Council Member Scalise rte,® APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. American Red Cross Presentation— San Luis Obispo County Chapter will be presenting the City Council a Certificate of Appreciation. COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a fitture agenda.) COUNCIL ANNOUNCEMENT AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda) A. CONSENT CALENDAR: Roll Call (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken) 1. Joint Meeting of the City Councils of San Luis Obispo County Minutes June 15, 2000 ■ City Clerk recommendation: Council approve the Joint Meeting of the City Councils of San Luis Obispo County minutes of June 15, 2000 [City Clerk] 2. City Council Minutes—July 25, 2000 ■ City Clerk recommendation Council approve the City Council minutes of July 25, 2000[City Clerk] 3. San Benito Routes to School Project—Bid No. 99-07 ■ Fiscal Impact: STP Funds - S2,753.88 ■ Staff recommendation: Council accept public improvements as complete and authorize release of the project retention in the amount of$2,753.88 to Souza Construction, Inc. [Public Works] 4. Wastewater Treatment Facility Upgrade, Phase 1 ■ Fiscal Impact: Wastewater Funds -$79,146.48 ■ Staff recommendation: Council accept the Wastewater Treatment Facility Upgrade, Phase I, as complete and authorize the Administrative Services Director to release the project retention in the amount of$79,146.48. [Public Works] 2 5. Downtown Revitalization Plan/Zone Change 2000-0003 - (City of Atascadero) ■ Fiscal Impact: Negligible ■ Staff recommendation: Council adopt on second reading by title only, the draft Ordinance approving Zone Change 2000-003 to (1) repeal Article 13 through 16 and Article 22 through Article 23 of Title 9 of the City's Municipal Code, (2) amend the official zoning map, and(3) amend the zoning ordinance text to implement the Downtown designation of the General Plan. [Community& Economic Development] 6. Downtown Revitalization Plan/ Sign Regulation Amendments—City of Atascadero ■ Fiscal Impact: Negligible ■ Staff recommendation: Council adopt on second reading by title only, the draft Ordinance, approving Zone Change 2000-003 to repeal and replace Section 9- 15.0005(B) - 1S.0005(B) of the City's Municipal Code. [Community& Economic Development] 7. Downtown Parking & Business Improvement Area ■ Fiscal Impact: Negligible ■ Staff recommendation: Council adopt on second reading by title only, the draft Ordinance amending Section 3-11.09 of the Atascadero Municipal Code relating to the Business Improvement Association. [Community& Economic Development] 8. Acceptance of Final Tract Map 21-89/Tract 1831 —Chalk Mountain Village— 8555 El Corte (Bunnell Development Corporation/Vaughan Surveys) ■ Fiscal Impact: None ■ Staff recommendations: 1. Council accept Final Tract Map 21-89 (Tract 1831); and 2. Council approve the sewer easement agreement with San Luis Obispo County and the City of Atascadero for sewer purposes; and 3. Council accept the public dedications and easements. [Community& Economic Development] B. PUBLIC HEARINGS: 1. Confirming the Cost of Vegetative Growth and/or Refuse Abatement ■ Fiscal Impact: No direct fiscal impact ■ Staff recommendation: Council adopt the draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire] C. MANAGEMENT REPORTS: 1. Proposition 35 —Fair Competition and Taxpayer Savings Initiative • Fiscal Impact: None • Staff recommendation: Council adopt the draft Resolution in support of Proposition 35. [City Manager] • 3 2. Youth/Community Center Funding ■ Fiscal Impact: Varies significantly depending on the program level selected by the Council,please refer to the staff report. ■ Staff recommendations: 1. Council direct staff to prepare a Request for Proposal from Architects to design and prepare construction drawings for a Category #2 style Youth/ Community Center that will allow for phasing of portions of the proposed building. 2. Council direct staff to secure the services of a Youth/Community Center Project Manager to oversee and coordinate the design and construction of the proposed facility. 3. Council direct staff to prepare a financing plan based on the Capital Funding Option #1 of the Youthl Community Center funding options 4. Council direct staff to initiate plans to provide Level #1 programming at the Youth/ Community Center and to begin investigating potential public/private partnerships for the future maintenance and operation of the Youth/ Community Center. [Community Services] 3. Information Bulletin a. 2000 State Improvement Program(ATIP) b. Employee Update D. CITY ATTORNEY REPORTS: Is 1. Contract with Charter Cable—Proposed Amendments ■ Fiscal Impact: None ■ City Attorney recommendation: Council authorize the Mayor and the City Manager to execute a contract amendment with Charter Cable relieving them of any obligation to place aboveground cable in specified areas (3F Meadows)and further amending the contract to provide an additional extension of five years in exchange for replacing coaxial cable with fiberoptic cable. [CityAttorney] 2. Legal Environment for Newsrack Re ulg ation ■ Fiscal Impact: None ■ City Attorney recommendation: Council give City Attorney direction on whether or not to draft any changes to the existing Ordinance in Atascadero. [City Attorney] E. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. Finance Committee 3. Water Committees: . a. SLO County Flood Control & Water Conservation District Water Resources Advisory Committee b. Nacimiento Water Purveyors' contract Technical Advisory Committee C. North County Water forum 4 4. Integrated Waste Management Authority 5. North County Council 6. Air Pollution Control District 7. County Mayor's Round Table 8. Economic Vitality Corporation, Board of Directors 9, City/ Schools Committee 10. Economic Opportunity Commission 11. North County Homeless Coalition F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer G. ADJOURNMENT: THE NEXT CITY COUNCIL MEETING WILL BE A REGULARSESSION SCHEDULED ON SEPTEMBER 12,2000 AT 7:00 P.M. • Please note: Should anyone challenge any proposed development entitlement listed on this • Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council.at or prior to this public hearing. 5 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MUTING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk(Room 311)available for public inspection during City Hall business hours. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these umbers. In compliance with the Americans with Disabilities Act,if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805)461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address(not required) • Make your statement • All comments should be made to the Mayor and Council • All comments limited to 5 minutes(unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for gone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address • State the nature of your business This is the time items not on the Agenda may be brought to the Council's a ion. A maximum of 30 minutes will be allowed for Community Forum(unless changed by the Counc TO HAVE ITEMS PLACED ON AGENDA • All business matters to appear on the Agenda must be in the Office of the City Manager ten days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Ha9prior to the deadline. ITEM NUMBER: A-1 DATE: 8/22/2000 D t5 _L4 Q l5 MINUTES JOINT MEETING OF THE CITY COUNCILS OF A ` SAN LUIS OBISPO COUNTY THURSDAY,JUNE 15,2000-7:00 P.M. EMBASSY SUITES CITY OF ATASCADERO SAN LUIS OBISPO,CALIFORNIA CITY CLERK'S OFFICE CALL TO ORDER: The meeting was hosted by the City of San Luis Obispo. San Luis Obispo Mayor Allen Settle presided over the proceedings and called the meeting to order at 7:05 p.m. ROLL CALL: SAN LUIS OBISPO Present: Council Members Jan Howell Marx, Dave Romero, Vice Mayor Ken Schwartz, and Mayor Alien K. Settle Absent: Council Member John Ewan MORRO BAY Present: Council Members Bill Peirce, Dave Elliot,and Mayor Roger Anderson Absent: Council Members Colby Crotzer, Janice Peters GROVER BEACH Present: Council Members Ron Arnoldson, Peter Keith,and Mayor Pro Tem Richard Neufeld Absent: Council Member Dee Santos and Mayor David Ekbom ATASCADERO Present: Council Members Wendy Scalise, George Luna,Jerry Clay, and Mayor Ray Johnson Absent: Council Member Mike Arrambide PASO ROBLES Present: Council Members Tom Baron, Frank Mecham, and Mayor Duane Picanco Absent: Council Member Wait Macklin and Mayor Pro Tem Lee Swanson PISMO BEACH Present: Council Member Rudy Natoli, Mayor Pro Tem Marian, Mellow,and Mayor John Brown Absent: Council Members Mary Ann Reiss,Terry Henlin 001 Joint San Luis Obispo Cities Council Meeting Page 2 Thursday,June 15, 2000-7:00 p.m. ARROYO GRANDE Present: Council Members Tony Ferrara,Jim Dickens,Thomas R. Runels, Steve Tolley, and Mayor Michael Lady Absent: None SAN LUIS OBISPO COUNTY Present: Supervisors Harry Ovitt and Katcho Achadiian Absent: Supervisors Michael Ryan, Shirley Bianchi, and Chairperson Peg Pinard PUBLIC COMMENT Richard D. Greek. County of San Luis Obispo Agricultural Commissioner, presented an overview of the Olive Fruit Fly infestations in the County of San Luis Obispo and reported on the measures the County Is taking to monitor the pest and combat their spread. STUDY SESSION 1. Educational Revenue Augmentation Funds (ERAF). (30 minutes) San Luis Obispo Vice Mayor Ken Schwartz introduced Steven Woodside, County Counsel for Sonoma County. Mr.Woodside addressed the issue of the pending lawsuit initiated to seek reimbursement for lost ERAF funds and the role cities,counties and special districts play in taking back ERAF funds. Discussion followed. 2. Reconsidering state property tax take-always of the early 90s: Exploring alternative ways to allocate property taxes. Senate Bili 1982(Alpert)tax reallocation. (30 minutes) San Luis Obispo Vice Mayor Schwartz introduced Dwight Stenbakken, League of California Cities Director of Legislation. Director Stenbakken provided a summary of current local government reforms in the State of California. He stated that although the state surplus is over$12,00,000(and climbing), local government is still not receiving relief. He also noted that recent polls indicate voters would be supportive of an increase in local sales tax but not increases in vehicle registration or property taxes. He urged local governments to organize and unite in seeking relief. Discussion followed. San Luis Obispo Mayor Allen Settle called a break at 8:35 p.m. The meeting reconvened at 8:45 p.m. 3. Senate Bill 402—Binding Arbitration. (45 minutes) San Luis Obispo Vice Mayor Ken Schwartz introduced Clancy Faria, President of the Peace Officers Research Association of California(PORAC). Mr. Faria spoke in favor of Senate Bill 402. He stated that Senate Bill 402 includes all matters relating to employment conditions and community relations and described how three-a member binding arbitrati 002 Joint San Luis Obispo Cities Council Meeting Page 3 Thursday,June 15, 2000-7:00 p.m. committee functions. Additionally he noted that the bill has a five-year sunset. Discussion followed. San Luis Obispo Vice Mayor Schwartz introduced Rich TerBorch, Arroyo Grande Police Chief, who spoke in opposition to Senate Bill 402. Chief TerBorch asserted that this law if passed will be an unfunded mandate and recommended that the voters decide the issue of binding arbitration. Discussion followed. San Luis Obispo Vice Mayor Schwartz introduced Alan Davis, author of Senate Bill 402 who spoke in favor of the bill. Mr. Davis pointed out that binding arbitration is not a new concept and has been in effect by many cities since the late 1960's. He noted that most large cities in northern California have binding arbitration as well as cities in Nevada, Oregon and Hawaii. Discussion followed. Public Comment Jason Berg, President of the San Luis Obispo Police Staff Officers Association, and Tony Perry, President of the San Luis Obispo County Deputy Sheriff's Association, spoke in favor of Senate Bill 402. 4. Assembly Bill 2838(Hertzberg)—Equalizing the development performance standards between cities and counties. (30 minutes) San Luis Obispo Vice Mayor Schwartz introduced Council Member Peter Herzog of the City of Lake Forest. Lake Forest Council Member Herzog reported that Assembly Bill 2838 changes the structure of the Local Agency Formation Commissions (LAFCO). If passed, the bill shifts funding for LAFCO by assessing a percentage of the operational budget of each city. The bill also shifts state-mandated county costs to cities. He urged each city to carefully analyze this bill. Discussion followed. San Luis Obispo Mayor Allen Settle announced that this meeting would be broadcast on local television stations as follows: Falcon Channel 6 Wednesday June 28"' 9:00 p.m., Friday June 30"' 9:00 P.M. Wednesday July 5"' 9:00 p.m. Charter 6 Tuesday June 27t' 7:30 p.m. Wednesday June 28"' 10:30 a.m. Sunday July 2"d 6:30 p.m. There being no further business to come before the cities,San Luis Obispo Mayor Settle adjourned the meeting at 9:50 p.m. The City Council of San Luis Obispo adjourned to Tuesday,June 20,2000 at 7:00 p.m. in the Council Chamber,990 Palm Street,San Luis Obispo. Mary KopeckV Assistant City Clerk 003 ITEM NUMBER: A-2 DATE: 08/22/2000 MINUTES 01s � ® 579 ATASCADERO CITY COUNCIL MEETING TUESDAY, JULY 259 2000 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. Conference with labor negotiator(Govt. Code Sec. 54957.6) Agency Negotiator: City Manager Employee organizations: Department Heads, Mid-Management/Professional, Confidential, Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascadero Police Assoc. City Attorney Roy Hanley announced there was no reportable action taken. REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the meeting to order at 7:07 p.m. and Council Member Scalise led the Pledge of Allegiance. ROLL CALL: Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson Absent: None Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief Mike McCain, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana, Public Works Director Steve Kahn, Principal Planner Warren Frace, Assistant Planner Jamie Heltsley, Public Works Technician Valerie Humphrey and City Attorney Roy Hanle- 005 Mayor Johnson requested that Item #C-2 be addressed prior to the Public Hearing portion of the meeting. APPROVAL OF AGENDA: MOTION: Council Member Luna and seconded by Council Member Scalise to approve the agenda. Motion passed 5:0 by a roll-call vote. COMMUNITY FORUM: Dorothy McNeil, 8765 Sierra Vista, wanted to compliment Phil Dunsmore and the Police Department on their response to a complaint she made. Eric Greening, 6600 Lewis Ave., updated the Council on the Salinas Dam water issue. He explained some of the details of the study that was recently completed. He encouraged the Council to obtain a copy of the Safety Report. Joan O'Keefe, 9985 Old Morro Road East, also complemented the Planning staff for their fast response to a complaint recently filed. She also expressed her concern for the ever-increasing sums of money being spent for political campaigns. Ms. O'Keefe suggested the Council enact an ordinance that would limit campaign contributions. She urged the Council to put this issue on a future agenda. Alan Thomas, 9520 Marchant Way, stated he is concerned with the quality of the water in Atascadero Lake. He explained that the two swans died in the last few days and several other birds have also died recently. Mr. Thomas urged the Council to address the problem before it gets out of hand. Mayor Johnson closed the Public Comment period. COUNCIL ANNOUNCEMENT AND REPORTS: 1. Youth Center Funding Update a. Commendation to State Senator Jack O'Connell Mayor Johnson read the commendation and presented it to Senator O'Connell's representative. Council Member Luna expressed his appreciation to Senator O'Connell and the public for their efforts on Atascadero's behalf Council Member Clay also thanked Senator O'Connell and encouraged all citizens to participate in the development of the Youth Recreation Center. Council Member Scalise commented that there were numerous requests in the State budget, and she was thankful to see one of Atascadero's needs addressed. CC 07/25/00 006 Page 2 b. Thank you letter to State Assemblyman Abel Maldonado Mayor Johnson commented that a"Thank you" letter was also sent to State Assemblyman Abel Y Y Y Maldonado. Mayor Pro Tem Arrambide stated he has received a few complaints from businesses about the unfair competition of our fees at the Atascadero Lake Pavilion concerning below market rates for room rentals and meals. He requested staff look into the matter. Also, he asked if the cable issue in 3F Meadows is scheduled for a future agenda. City Manager Wade McKinney stated that it will be addressed at the next meeting. Council Member Clay stated that a ribbon cutting ceremony will be held at the new bridge on August 1, 2000. Council Member Luna stated he has received complaints about the new news racks appearing around town. He asked the City Attorney to comment. City Attorney Roy Hanley stated that this issue was reviewed about three years ago when the City considered a news rack ordinance. The Council did adopt the protective measures in regards to masking contents of the newspaper but did not address location issues. He reported that he is looking at some of the approaches other cities have taken with regard to this matter. He proposed to collect this information and bring it back to Council so they can be informed when they address the issue. Council Member Luna commented that he would like to see a cooperative effort addressing the P g placement of news racks. City Manager Wade McKinney presented the Council with shirts in appreciation for their participation in a leadership training program held earlier this year. A. CONSENT CALENDAR: 1. City Council Minutes—June 27, 2000 ■ City Clerk recommendation: Council approve the City Council minutes of June 27, 2000 [City Clerk] 2. City Council Minutes— Special Meeting June 27, 2000 ■ City Clerk recommendation: Council approve the City Council minutes of the Special Meeting on June 27, 2000[City Clerk] 3. 2000-2001 Annual SpendingLimit imit ■ Fiscal Impact: None ■ Staff recommendation: Council adopt the draft Resolution, establishing the annual spending limit for fiscal year 2000-2001 [Administrative Services Department] CC 07/25/00 007 Page 3 4. Hot El Camino Nites Road Closure ■ Fiscal Impact: $700. Staff anticipates this will be offset by revenue generated from the event ■ Staff recommendation: Council adopt the draft Resolution authorizing the closure of El Camino Real from Rosario to Curbaril on Friday, August 18, 2000 from 6:30 until 8:30 p.m. [Community Services Department] 5. Labor Market Assessment—Community Development Block Grant Project 99-001- Award of contract ■ Fiscal Impact: $15,000 ■ Staff recommendation: Council authorize City Manager to enter into a contract with the Pathfinders Group for a labor market assessment in the amount of$15,000 [Community& Economic Development Department] 6. Acceptance of Phase 1 of Final Tract Map 97003 /Tract 2271- The Lakes (Midland Pacific/Cannon Associates) ■ Fiscal Impact: None ■ Staff recommendation: Council accept Phase 1 of Final Tract Map 97003/Tract 2271 [Community& Economic Development Department] 7. Zone Change 2000-0002— (9605 Lake View Drive/ City of Atascadero /Kelly Gearhart) ■ Fiscal Impact: Negligible ■ Staff Recommendation: Council adopt, on second reading by title only, the Draft Ordinance enacting Zone Change 2000-0002, changing the zoning of the project [Community& Economic Development Department] Mayor Pro Tem Arrambide pulled Item#A-1, Council Member Luna pulled Item#A-3 and Eric Greening pulled Item#A-4. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Arrambide to approve Items #A-2, 5, 6 and 7. Motion passed 5:0 by a roll-call vote. (#A-7- Ordinance No. 374) RE: Item #A-1: Mayor Pro Tem Arrambide stated that at our last meeting, we made an effort to correct his comments in the minutes of June 13th. He explained that he would like to clarify his comments in the minutes of the June 27th meeting on page 5,'regarding the $500,000 for the Youth Center. He said the question he asked was,"Was this money coming our way, anyway, and would it now be the same money restricted?" He explained that what he wanted the minutes to say is: "Would this be money that we would have otherwise received unrestricted?" Mayor Pro Tem Arrambide stated that he wanted to make sure that point was conveyed. He also asked what the statement made by Council Member Luna was regarding as it seemed unclear in the minutes. Council Member Luna replied that it is in the staff report. Mayor Pro Tem Arrambide commented that he asked a question regarding the budget on page 7, but it had to do with the issue of depreciation not debt service. City Clerk Marcia Torgerson explained that she listened to the tape of the June 13th meeting and i inserted Mayor Pro Tem Arrambide's comments verbatim. She stated that she can do the same for his comments on June 27th. Mayor Pro Tem Arrambide stated that she needs to reflect what's on the tape and not what is in his head. Ms. Torgerson agreed. CC 07/25/00 Page 4 008 MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Luna to approve Item#A-1 as amended. Motion passed 5:0 by a roll-call vote. RE: Item#A-3: Council Member Luna asked for clarification on the staff report. Administrative Services Director Rachelle Rickard gave the clarifications. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to approve Item #A-3. Motion passed 5:0 by a roll-call vote. (Resolution No. 2000-028) RE: Item #A-4: Eric Greening, 6600 Lewis Ave., asked that Hot El Camino Nite coordinates with the transit system. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to approve Item #A-4. Motion passed 5:0 by a roll-call vote. (Resolution No. 2000-029) C. MANAGEMENT REPORTS: (Out of Order—C-1 addressed later in the meeting) 2. Chicago Grade Landfill Agreement ■ Fiscal Impact: Approximate revenues of 524,000 ■ Staff Recommendations: Council authorize the Mayor to sign the agreement between the City of Atascadero and Chicago Grade Landfill, Inc.for exclusive depositing of City waste collections into the Chicago Grade Landfill [Public Works Department] Public Woks Director Steve Kahn gave the staff report. Mike Hoover, owner of Chicago Grade Landfill thanked staff for their assistance with this agreement. He explained the benefits of the agreement. There was no Public Comment. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to authorize the Mayor to sign the agreement between the City of Atascadero and Chicago Grade Landfill, Inc. for exclusive depositing of City waste collections into the Chicago Grade Landfill. Motion passed 5:0 by a roll-call vote. (Contract No. 2000-019) B. PUBLIC HEARINGS: 1. Atascadero Road Program ■ Fiscal Impact: None. The direction the Council gives Staff will have future financial impacts. ■ Staff Recommendation: Council provide direction to Staff on the following: ])Category of roads to maintain; 2)Road acceptance; 3)Road maintenance priotrity system; 4)Street Maintenance Districts; and S)Additional funding [Public Works Department] CC 07/25/00 009 Page 5 Public Works Director Steve Kahn gave the staff report including a PowerPoint presentation explaining in detail Atascadero's road status including potential costs. Council complimented Mr. Kahn on his report and asked additional questions. PUBLIC COMMENT Levi Barrett, 1950 Traffic Way, submitted to the Council a news article from 1994 about a traffic accident on Traffic Way. He urged the Council to consider improving the portion of Traffic Way east of Obispo Road. (see Attachment A) Nellie Kennedy, 4525 Sycamore, told the Council she circulated a petition around her neighborhood concerning the repaving of Sycamore Road. She asked that Sycamore be put on the list of roads to be repaired. Gary Born, 4515 Rosita Ave., stated that Rosita is a non City maintained road. He explained that the road is in poor condition. He asked the Council to consider including this road for repairs. Public Works Director Steve Kahn commented that the neighborhood would need to speak with him about creating an Assessment District. Eric Greening, 6600 East Mall, suggested using gas tax to repair roads instead of the other options offered by staff, such as sales tax. Daphne Fashing, 5105 Llano Road, stated she would like to see Portola completely repaved. She also commented that the Water Company projects ruin the newly paved roads. Paul Gray, 10420 San Marcos Road, asked the Council to approve San Marcos' inclusion in the repair program. Geraldine Brasher, 3202 Monterey Road, suggested when the Water Company or other utility agencies cut the road that they be made to repair the road to new condition. Mayor Johnson closed the Public Comment period MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to adopt the staff recommendation, "...a focus of project funding on Circulation Plan Roads and the Public Works crews on City Maintained Local Roads." Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Clay and seconded by Council Member Luna to adopt the staff recommendations: 1) "Accept Circulation Plan Roads that are not currently maintained by the City; and 2) Accept Non-City Maintained Local Roads that were accepted by the County for Maintenance and built to the City Engineering Standards." Motion passed 5:0 by a roll-call vote. Council Member Luna commented that he would like to see an inclusion of a hazard safety rating added to the formula. Mr. Kahn answered, yes. CC 07/25/00 Page 6 j, Q MOTION: By Council Member Clay and seconded by Mayor Pro Tem Arrambide to adopt the staff recommendation, "Cost Benefit Approach on Circulation Plan Roads for project funding under current funding constraints"with the addition of a safety hazard rating to the formula. Motion passed 5:0 by a roll-call vote. MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Luna to adopt staff recommendation, "Expend all the funds on one maintenance project. The funds designated for each maintenance district would be expended in that district. Dissolve the Maintenance Districts when the project is finished." Motion passed 5:0 by a roll-call vote. There was a Council consensus to direct staff to come back with recommendations for assessment district options. Mayor Johnson called a recess for 15 minutes. 2. Downtown Revitalization Plan—General Plan Amendment—Zone Change 2000-003 (City of Atascadero) ■ Fiscal Impact: None. Future Downtown development will create new revenue to the City ■ Planning Commission Recommendations: 1. Adopt draft Resolution certifying the proposed Negative Declaration 2. Adopt draft Resolution approving the Downtown Revitalization Plan 3. Adopt draft Resolution approving General Plan Amendment 99004 changing the land use designation and establishing design guidelines in the Downtown area 4. Introduce the draft Ordinance,for first reading by title only, approving Zone Change 2000-003, amending the zoning regulations pertaining to Downtown 5. Introduce the draft Ordinance,for first reading by title only, approving amendments to the sign regulations pertaining to Downtown ■ Staff recommendations: 1. Introduce the draft Ordinance,for first reading by title only, approving amendments to the Municipal Code related to Downtown Parking& Business Improvement Area 2. Adopt draft Resolution confirming annual assessment for Downtown Parking& Business Improvement Area (Fiscal Year 2000-01) [Community & Economic Development Department] Community & Economic Development Department staff members gave the staff report including a PowerPoint presentation. The Council asked questions of staff concerning details of the Downtown Plan. The Council expressed appreciation to the Steering Committee and staff for their efforts in creating the Downtown Plan. CC 07/25/00 O 1 1 Page 7 PUBLIC COMMENT Lon Allan, 8615 Santa Lucia, thanked the Council for stating that it was nice working with him. He said it is the first time anyone ever said that and he wants it on the record. He reminded the Council that what is before them is only a plan if you adhere to it. He explained the Steering Committee worked hard to achieve this Plan. Richard Shannon, 5070 San Benito Road, stated he is a downtown business owner. He explained there was a lot of compromise in creating this Plan and that he looks forward to the final outcome. Kim Jeanes, 6280 San Anselmo, thanked the City for their pro-active approach to this Plan. The business owners in the Downtown and other members of the Steering Committee worked with staff to create the Plan and she asked the Council to approve this Plan. Dennis Moresco, 3330 San Fernando Road, said that he enjoyed participating in this process. He explained to the Council the rationale for the flexible design guidelines included in the Plan. John Rousch, business owner in the Downtown, encouraged the Council to adopt this Plan. He explained that he is a member of the Main Street Program in Paso Robles and it is an exciting program. Tim Alvord, Templeton, (representing his mother-in-law, Mrs. Robbie Hoff) stated it was her property that originally triggered the discussion about the height restriction. He asked the Council to not single out her property by restricting the potential height of development on her property. Livia Kellerman, 5463 Honda, stated she appreciates the work of the Committee and is excited about the revitalization of our Downtown. She stated that she is opposed to the creation of the view from the freeway as it would mean cutting trees. She also expressed opposition to the suggestion of moving the Junior High School. Eric Greening, 6600 East Mall, expressed his support for the Down Revitalization Plan. He said he is opposed to the creation of the view corridor, as it would mean topping the trees that act as a sound barrier. Also, he stated his opposition with the suggestion of moving the Junior High School. Pat Gaughn, San Marcos Road, thanked Council Member Arrambide for his consideration for those who have invested much in the downtown. Fred Frank, 3615 Ardilla, thanked Council for supporting this effort. Also, he thanked the staff and Committee for all the time they invested in the creation of this Plan. He also stated he recently read an article that CalTrans is trying to take traffic flow off the freeway and put it on frontage streets. John McGoff, 9192 Maple St., thanked those involved in the creation of this Plan. He stated that staff attempted to answer his questions from the previous meeting. Mr. McGoff said he has a prepared statement in response to the staff report that he would like to submit for the record is without reading it. He asked if that would be acceptable. Mayor Johnson responded, yes. (see Attachment B) CC 07/25/00 2 Page 8 Mayor Johnson asked the City Attorney to comment. City Attorney Roy Hanley stated that Atascadero's Business Improvement Association complies with other cities' interpretation with regard to budgeting, etc. He explained that if someone incorporates and then later becomes unincorporated, that does not mean they do not exist anymore. Mayor Johnson closed the Public Comment period MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to adopt the draft Resolution certifying the proposed Negative Declaration. Motion passed 5:0 by a roll-call vote. (Resolution No. 2000-030) MOTION: By Council Member Clay and seconded by Council Member Luna to: 1) Adopt the draft Resolution approving the Downtown Revitalization Plan. (Resolution No. 2000-031); and 2) Adopt the draft Resolution approving General Plan Amendment 99004, changing the land use designation and establishing design guidelines in the Downtown area. (Resolution No. 2000-032); and 3) Introduce the draft Ordinance, for first reading by title only, approving Zone Change 2000-003, amending the zoning regulations pertaining to Downtown; and 4) Introduce the draft Ordinance, for first reading by title only, approving amendments to the sign regulations pertaining to Downtown. Motion passed 5:0 by a roll-call vote. Council Member Scalise wished to make an amendment that would incorporate the abandoned road between East and West Mall. The amendment failed due to a lack of a second. MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Luna to introduce the draft Ordinance, for first reading by title only, approving amendments to the Municipal Code related to Downtown Parking & Business Improvement Area. Motion passed 5:0 by a roll-call vote. Community & Economic Development Director Paul Saldana stated for the record that no protests were received from the business owners who are subject to the following improvement assessment. MOTION: By Council Member Scalise and seconded by Council Member Clay to adopt draft Resolution confirming annual assessment for Downtown Parking & Business Improvement Area. Motion passed 5:0 by a roll-call vote. (Resolution No. 2000-033) CC 07/25/00 013 Page 9 C. MANAGEMENT REPORTS: . 1. 2000 Road Rehabilitation Project—Bid No. 2000-04 ■ Fiscal Impact: $480,390 ■ Staff Recommendation: Council authorize the Mayor to execute an agreement with Granite Construction Company to construct the 2000 Road Rehabilitation Project for $453,338 and authorize a maximum for the project of$480,390 to include contingencies and construction engineering costs [Public Works Department] Public Works Director Steve Kahn gave the staff report and answered questions of the Council. MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Scalise to authorize the Mayor to execute an agreement with Granite Construction Company to construct the 2000 Road Rehabilitation Project for $453,338 and authorize a maximum for the project of 5480,390 to include contingencies and construction engineering costs. Motion passed 5:0 by a roll-call vote. I Information Bulletin a. Atascadero Printery Masonic Temple b. Employee Update D. COMMITTEE REPORTS: Air Pollution Control District Mayor Pro Tem Arrambide announced that they meet tomorrow morning at 9:00 a.m. County Mayor's Round Table Mayor Johnson reported that they discussed the handling of 402. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Clerk a. Designation of Voting Delegate—League of California Cities ■ Fiscal Impact: None ■ City Clerk recommendation: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities'Annual Conference in September 2000 and direct the City Clerk to inform the League of the designation Mayor Johnson appointed Council Member Clay as the designated voting delegate at the League of Cities conference. CC 07/25/00 014 Page 10 F. ADJOURNMENT: Mayor Johnson adjourned the meeting at 10:59 p.m. to the next regular session scheduled on August 22, 2000, at 7:00 p.m. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk Melanie Whaley, Deputy City Clerk ATTACHMENTS: A- Submitted by Levi Barrett, an Engineer's Estimate from July 25, 2000, to fill a dip on Traffic Way and a news article from August 1994 of an car accident on Traffic Way. B- Prepared Statement submitted by John J. McGoff, 9192 Maple Street on July 25, 2000. CC 07/25/00 �[ i 5 Page 11 0 i f� {� Ataseadeo Gi,. Qunci l r _ . _ Dates. 25 Meeting 07K 00 ^ -�'} --r-r-..�•»�-.a�- -. ..,..,.�..----„+..-++:+..+rte,.. _ .. .._.. �rv't _ � k 'PIP- 19!5As7- oy' `4 %Sfb ,1?� dIAO .� _ �► � � �/� ��?„�+�i,Fry'"s. �'{�x�7x I,L(/!d P• .fi�f�Oi�J � � �" n�.'� ao 44, ;62 ez - r !7loF I rfl�i /Y2/71�I- C7�s ad kt 010 E < r .- �'ij;�. •♦ pA'M� ~ -w ty.�ae"+�.,7J�-yy i"...`£3 V�Jy- W F r Y •r�i` ��� �,a i � '�'� . Z� ' � � y cl .c 'i xy��.✓�sig6.»r�4'wj b - ��/q f �,�-.. �� F✓. �.. } _:n2..:.�.�4;. Y > /t��{Yi Y 'a''r JYY4,{�:: '.Y!{£� Y�.' 9W:w� :+f•N.Jii:S /-AN.'rM1�O. w{{•..i.. .w � ..•rs5,� ,ton 4 Gafita l���ctuc{rita � Cro�7ton o Carrisa Plains � Garden Farm:f Auc� 31 , 1994 Atascadero, California 35 cents a copy I _ l �' a , - .� ,,FIs•. 3- ✓SRy� l �� c s where the czar r h;n erl e,i t s-y eat old Nikki Valentine otAtasc idero ended up Sunday after hitting a six-yearoldchild. i ne accident hjl. Vay soils, , ! i?; Is{>v Avellcre. News Photo by L.W. Alldn. I-" Is s .�✓.. _I'' N� i I � `� I f tl I � �b�l , �r }tti8 A x a t o f,? l',L L) i hlW:s and Atascldera councils Jot together last week in the Lake Pavilion. Nelvs Photo by LAII rt �_"o � ntv r_1 rees_tolell _SLO : 0*4� Lj r h a ds off our wa e Klu Y. :,.,III:l. t9arlin,a t :1:,,1 K,,i.l, t:iry lLose to the south haven't changed at have a say ill Ilse rateswhich ..-`,N. A1i.111 1-. i1ut Illu.ul. llc h)ltl a lullll lllccilnl .Ill, charges tho,.,: customers wit 'Minrils of aull And ;u the two cities continued city bounda,,,:s. • I•,.r..+ 111..1 ( ',valll us Its hay e,I 1)01111- ill,:"' histOl',c joins nlecong, Martin Another I .sue i� that the tw nulla Iw"k a111,114 t (,ul I)r.aly well set the tone of Iho evening great tle•I111i,I,ific��1�l in ill hi Ll ailh.'. i,lu:.•. 11, i;.l ..11i.. I. 111. 1',.0 I11 l 1n1111;. 1. 1,hell lic salts, "it Isall 11111I11a1C IIIs UIt x �.d �"� fornew Iaiwi Ils.' The(:hica'-1 `l�llc>GI(Il,Il1` .',1;111111 �;Ilti Ilii(.: Il,l\.' 1,.':II t1,it- i.: Its its sclltt Walcr to Sall LiliS .....tr.�1 : . ..-- Attachment B Atascadero City Council Meeting Date: 07-25-00 John J. McGoff 9192 Maple Street _ Atascadero, CA 93422 Phone:805-461-1125 Fax:805-461-0477 City Council,July 25,2000 QUESTION 1. No Resolution of Intent. There were none required between 1986 and 1 Jan 90. However, effective Jan. 1, 1990 there was a major change in State legislation that established the framework and rules under which areas established by prior law were authorized to operate. A council expended funds at their sole discretion. Like wise,an advisory board was discretionary. 10-year-old laws are not new laws. The assertion that everyone is doing it this way is disingenuous in the very least.The PBIA law of 1989 permitted operation of previously established areas BUT/EXCEPT under and consistent with the rules contained in Chapters 3,4&5 of the 1989 law. To assert that there are "no guidelines from the State pertaining to these regulations". I believe this was a field fully occupied by State law. I cannot believe you would attribute ignorance of the law to all whom you CONTACTED.When is ignorance of the law a defense? QUESTION 2. You appear to be using the acronym BIA to mean both the Business Improvement Area AND the Business Improvement Association. I'll call the organization the BIA, Inc. City (Ord. 116 and Chap 11 of the Muni Code established the Parking and Business Improvement Area,NOT the Business Improvement Association as you stated in the response. The BIA Inc.was incorporated on 2/1/91 not 1995 as stated in your answer. It would appear to the layman,that what the City has not established,it couldn't dissolve.The Atascadero BIA,Inc currently appears on the Sect'y. of State site as "SUSPENDED". You have stated that the BIA,Inc. "also raised outside funds for other activities". {Perhaps this revenue/fund raising has tax implications not otherwise addressed. You say that the BIA,Inc.was "un-incorporated in 1999. Was the corporate structure "surrendered"? If so,why the need to dissolve the organization?How were you able to do business with the BIA,Inc. for two years? 018 QUESTION 3. Your answer leaves me incredulous. Yes -the 1989 law applied. Yes -the new law subjected the City to new regulations regarding all aspects of the operation of the area. BUT the city continued to march historically on in ignorance asserted in answer to question 1? And the City Attorney has opined (thinks)that the City can continue to operate in this manner. I think not.That would be like claiming that a process once practiced becomes policy in spite of the spirit and intent of enabling legislation. I would be careful,you are being asked to ratify one or more possible illegal acts. You are not omnipotent or exercise the right of Kings. You are,of course,by your oath of office, committed to uphold the law,not try to make new law based on a lack of information, disinformation and misinformation appearing in this report WHAT YOU HAVE HERE IS AN ATTEMPTED MARRIAGE WITHOUT BENEFIT OF CLERGY. I think what that the City Attorney is inferring is that there is no case law. Therefore,unless and until such an action occurs,we are going to continue to march,so sue us. If these are our final answers I am in to have to call a couple of friends. Y � going P Good luck with revitalization. 019 ITEM NO.: A— 3 ■ ®' o' DATE: 8/22/2000 k ® is Atascadero City Council Staff Report - Public Works Department San Benito Routes to School Project Project No. 99-07 RECOMMENDATION: Council accept the San Benito Routes to School Project as complete and authorize the Finance Director to release the project retention in the amount of$2,753.88 to Souza Construction, Inc. DISCUSSION: On November 23, 1999, Council authorized the execution of an agreement with Souza Construction, Inc. to construct the San Benito Routes to School Project. Contract Change Order No. 1 was issued on this project and adjustments were made to unit quantities, bringing the total contract price to $27,538.80. The City Engineer has reviewed the completed improvements and has found them to be in substantial conformance with the project plans and specifications. FISCAL IMPACT: The following tables summarize the project construction expenditures: CONSTRUCTION EXPENDITURES Construction $27,538.80 Contract Administration, Construction Engineering and $3,986.10 Inspection [TOTAL CONSTRUCTION EXPENDITURES $31,524.90 • ATTACHMENTS: Notice of Completion 020 RECORDING REQUESTED BY: (and when recorded, mail to:) City Clerk CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 NOTICE OF COMPLETION NO TRANSFER OF PROPERTY Notice is hereby given pursuant to Civil Code Section 3093: 1. The undersigned is corporate officer for the City of Atascadero, owner of property hereinafter described. 2. The full name of the owner is the City of Atascadero. 3. The full address of the owner is: 6500 Palma Avenue,Atascadero, CA 93422 4. The nature of the interest of the owner is in fee. 5. A work of improvement on the property hereinafter described was completed on May 31, 2000. 6. The work done was the San Benito Routes to School Project(City Bid No.99-07). 7. The name of the contractor who performed such work of improvement was Souza Construction, Inc. Dated: . By: Steven B. Kahn, City Engineer City of Atascadero VERIFICATION I, the undersigned, say that I am the City Manager, declarant of the foregoing Notice of Completion; have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at the City of Atascadero, California. By: Wade G. McKinney, City Manager City of Atascadero C:\windows\TEMP\Notice of Completion.doc 021 ITEM NUMBER: A-4 DATE: 08/22/2000 1918 p 1978 Atascadero City Council Staff Report - Public Works Department Wastewater Treatment Facility Upgrade, Phase 1 RECOMMENDATION: Council accept the Wastewater Treatment Facility Upgrade, Phase 1, as complete and authorize the Administrative Services Director to release the project retention in the amount of$79,146.48. DISCUSSION: On October 12, 1999, Council authorized the execution of an agreement with James C. Cushman, Inc. to construct the Wastewater Treatment Facility Upgrade, Phase 1. Contract Change Order Nos. 1, 2, and 3 were issued on this project and adjustments were made to unit quantities, bringing the total contract price to $1,722,189.88. The City Engineer has reviewed the completed improvements and has found them to be in substantial conformance with the project plans and specifications. FISCAL IMPACT: The following tables summarize the project construction funding and expenditures. CONSTRUCTION EXPENDITURES Construction $1,722,189.88 Contract Administration, Construction Engineering and $24,565.00 Geotechnical Services TOTAL CONSTRUCTION EXPENDITURES $1,746,754.88 [AUTHORIZED CONSTRUCTION FUNDING (Wastewater Fund) $1,872,120.00 ZVI 02 ITEM NUMBER: A-5 DATE: 8/22/2000 .■era I ■ h iais a 1"8 Atascadero City Council Staff Report - Community & Economic Development Downtown Revitalization Plan Zone Change 2000-003 Official Zoning Map and Zoning Regulations Amendments (City of Atascadero) RECOMMENDATION: Council adopt, on second reading by title only, the draft Ordinance, approving Zone Change 2000-003 to (1) repeal Article 13 through 16 and Article 22 through Article 23 of Title 9 of the City's Municipal Code, (2) amend the official zoning map, and (3) amend the zoning ordinance text to implement the Downtown designation of the General Plan DISCUSSION: On July 25, 2000, the City Council conducted a Public Hearing to consider the adoption of two new zoning districts and development standards in the downtown area. The new Downtown Commercial zoning district is intended to enhance the economic viability and pedestrian-oriented character of the downtown and the new Downtown Office zoning district is intended to encourage professional and office uses to provide a week day pedestrian population to support the downtown businesses. The Ordinance includes the adoption of new Downtown District General Development Standards. The standards established the setback, height limitation, landscaping, parking and density requirements in the downtown area. There was one change made to the Downtown District General Development Standards table during the first reading. The change amended the description of the 18-foot height limit to read "18-feet on the west side of El Camino Real between the outside right-of-way lines of East Mall and West Mall." The change has been incorporated into the Ordinance and it is ready for final adoption as attached. FISCAL IMPACT: Negligible ATTACHMENTS: Draft Ordinance 023 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2000- 0003 TO (1) REPEAL ARTICLE 13 THROUGH 16 AND ARTICLE 22 THROUGH ARTICLE 23 OF TITLE 9 OF THE CITY'S MUNICIPAL CODE, (2) AMEND THE OFFICIAL ZONING MAP, (3) AMEND THE ZONING ORDINANCE TEXT TO IMPLEMENT THE DOWNTOWN DESIGNATION OF THE GENERAL PLAN (Zch 2000-0003: Downtown Revitalization Plan /Main Street Program, Atascadero Redevelopment Agency) WHEREAS, the City of Atascadero has formed a Redevelopment Agency for the purposes of revitalizing the historic core of Atascadero and the Agency has sponsored the formation of a Main Street organization to plan and implement this program; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 12, 2000, recommended approval of Zone Change 2000-0003; and WHEREAS, the Planning Commission of the City of Atascadero recommended repealing the Downtown Master Plan from the General Plan and its corresponding downtown land use designations; and, WHEREAS, the City of Atascadero currently has Downtown Zoning Districts 1-4 and a Pedestrian Retail and Tourist Commercial overlay within the Downtown boundary that were adopted by Ordinance No. 215; and, WHEREAS, the City Council has determined that it is in the best interest of the City to repeal the existing code text pertaining to Downtown Zoning Districts contained in Article 13 through Article 16 and Article 22 through Article 23 of Title 9 of the City's Municipal Code (Zoning Ordinance), and adopt a new code text and amend the Official Zoning Map accordingly, to ensure the orderly and efficiency redevelopment of the Downtown consistent with the Downtown Revitalization Plan; 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 Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS,the City Council of the City of Atascadero, at a duly noticed Public Hearing held on July 25, 2000, studied and considered Zone Change 2000-0003, after first studying and considering the Draft Negative Declaration prepared for the project and the Planning Commission's recommendation, and, NOW,THEREFORE,the City Council does ordain as follows: Section 1. Findings for approval of zoning map and zoning text change. 024 City of Atascadero Draft Ordinance Page 2 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. The zone change will not, in itself, result in significant environmental impacts. The Negative Declaration prepared for the zone change and for the project has been certified as adequate, in accordance with California environmental laws. Section 2. Zone map 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 3. Zone text change. Title 9 of the Municipal Code of the City of Atascadero on file in the Community Development Department is hereby amended as shown on the attached Exhibit B, which is made part of this ordinance by reference. Section 4. Effective Date. This ordinance shall be effective at 12:01 a.m. on the 315` day after its final passage. On motion by Council Member , and seconded by Council Member the foregoing ordinance is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Ray Johnson, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 02 5 * '�fi:��*��' ♦r�11/''��i� �ti r3. ` ♦ ♦ � .111i1 III' IIII III • � III I� � I�� ', IIII I i�III ISI dlllllllll�;ICiI,Iil�Iil',, II IIII IIII II'' `I I I I III I 1111111' ;�ul� �IIIIiIII .11;1!1'11' IIII III ( I •,�lU p' II (IIII u� .I@� I .1111111;Ill�lllil�'' 11 I 1111111' r it 11 III Iq�y l III' ��UII' dllllll�' 11 I�'I II III' I, I I i II _ '1111 111'11111, .I III I I p.'"'I"ni'�. ill�IIIII� nn I I IIII 11111 I II' II„l:1115 II '11 ' I III' � '1141111 '1111' I I quillr _ 'i11111 I''' 'I I Illllill', I!!!II�I lily'' 111111 Ir IIII III �dIIP'jl,. '' I�iul� �IIII 111' ,�11111' 11111' III'�ill1 111111 li ,I III IIII, II '' i I illi Ili I IIII a' �• • � I I IIII li ( Illi I li _ ����i�,� IIIIIIIIIIIIIIIIIII .. - -' � II IIII, � 1 ATASCADERO MUNICIPAL CODE-TITLE 9,ZONING ORDINANCE Downtown Zoning Districts 9-3.261 DIVISION 9-3 - DOWNTOWN ZONING DISTRICTS Sections: 9-3.261-Purpose of Downtown Districts 9-3.262-Downtown District Allowable Land Uses and Permit Requirements 9-3.263-Downtown District General Development Standards 9-3.261- Purpose of Downtown Districts The downtown zoning districts are intended to develop an attractive,pedestrian-oriented,and economically successful downtown area by providing for a mixture of commercial, office, and residential land uses in two- and three-story buildings of traditional architectural styles. The purposes of the individual downtown districts are as follows. A. Downtown Commercial (DC)zoning district. The Downtown Commercial(DC)zoning district is intended to enhance the economic viability and pedestrian-oriented character of the downtown by encouraging: 1. A wide range of retail shops,including artisan craft sales and production; 2. Restaurants, entertainment facilities, lodging, and non-automotive services (banks, health care,etc.); 3. Offices on upper floors,other than City government facilities,and offices that generate significant pedestrian traffic;and 4. Residential uses on upper floors. B. Downtown Office (DO) zoning district. The Downtown Office (DO) zoning district is intended to apply to properties that border the DC district, where a wide variety of professional and other office uses will encourage a weekday pedestrian flow that can take advantage of the restaurant and shopping opportunities in the overall downtown area. 9-3.262- Downtown District Allowable Land Uses and Permit Requirements The following table identifies the land uses allowed by this Zoning Ordinance in the downtown zoning districts,and the land use permit required to establish each use. In addition to the land. use permit required by this Section, special provisions related to certain land uses may apply, Precise Plan approval may also be required for certain uses in compliance with Section 9-1.108. A Building Permit is required prior to any construction. Design Review approval shall be required for all permits,consistent with Appendix A of the Downtown Revitalization Plan. Note: Where the last column in the tables("Specific Use Regulations")includes a section num er, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply. Downtown Zoning District Requirements 1 July 2000 027 ATASCADERO MUNICIPAL CODE-TITLE 9,ZONING ORDINANCE Downtown Zoning Districts 9-3.262 Allo . : _ o�ud Z,Ts� .ad.Pei 12egt3xmenfs : ' ?eruteci .° se.notA w PE RMTi RE: CIIIiET3.....: 4.......:.:.:.:.::.:.:.5pecif. IkeI ", .:.:..:.......................:...:::.:.:.::.:.:.:.:.:IAC;.:.:.:.:.::...,......I�C7.............:........�::::::::::::::::::: MANUFACTURING&PROCESSING USES Light repair services P — Printing and publishing P P R&D(t)(Research and development including technology) P(3) P R&D-Biotechnology,chemical,pharmaceutical CUP(3) CUP RECREATION,EDUCATION&ASSEMBLY USES Membership Organizations CUP — Amusement services P — Indoor recreation services P I — Libraries,museums,galleries P I — Public parks and playgrounds P P Schools-Public j CUP — Schools-Business and Vocational CUP(3) CUP Studios-Art,dance,martial arts,music,etc. P CUP Public Amusement and Entertainment CUP — RESIDENTIAL USES Home occupations P P 9-6.105 Live/work projects P(6)/CUP(7)1 — Multi-family and single-family dwellings P(4) P(4) Senior citizen housing CUP(5) — KEY TO ZONING DISTRICT SYMBOLS T) Downtown Commercial ::W Downtown Office Notes: (Only the notes that apply to this page are shown below.) (1) See Section 9-3.701 for land use descriptions. See Section 9-1.109(d)regarding uses not listed. (2) Plot Plan approval required(9-2.107). Precise Plan approval(9-2.108)may also be required. Conditional Use Permit approval required for all projects over 10,000 sf in floor area and multiple family residential developments consisting of twelve or more units. (3) Use allowed only on second or third floor. (4) Residential use allowed only on second or third floor,except on sites north of Olmeda Avenue. (5) Use allowed only on sites north of Olmeda Avenue. (6) Permitted use if the residential quarters are located on the 2nd or 3rd floors (7) Conditional Use Permit required if the residential quarters are located on the 1st floor. Draft Downtown Zoning District Requirements June 2000 0 2 028 ATASCADERO MUNICIPAL CODE-TITLE 9,ZONING ORDINANCE Downtown Zoning Districts 9-3.262 i.......;.;:; t.::._....... ...ltequxr,.��nt...............................................:�.....:.:......�ermu.te�Use:(�.:: : ...... .t... ' ' : ' ..x.10.. p.... .o? lst .._.. . .. .. l�'se iiia � 3ae ......................... : :: ' E121VITI R E UT1tEI3 S e if c e ...............:.:.:.:..:......p........................ .......................... AN..............Cl)...........................;.:...,...,..,.................b�..................:...DO;.;.:.:.:..:.:.:.:.:.;.:.:.:.:.:.:.;.:.:.:.:.: RETAIL TRADE Artisan shops P — Auto and vehicle dealerships-Indoor display/sales only CUP — Building materials and hardware-All activities indoors P — Eating and drinking places-Without drive-thru P — Food and beverage retail sales P — Furniture,home furnishings and equipment P — General Merchandise P — Temporary or seasonal sales P — 9-6.174 SERVICES Automated teller machines(ATMs) P P Banks and financial services-Without drive-through CUP P Bed and Breakfast CUP Business services P P Child/adult day care centers — CUP Government offices and facilities P P Hotels and motels CUP — Health care services P(3) P Offices P(4) P Personal services P — KEY TO ZONING DISTRICT SYMBOLS D Downtown Commercial D-aj Downtown Office Notes: (Only the notes that apply to this page are shown below.) (1) See Section 9-3.701 for land use descriptions. See Section 9-1.109(d)regarding uses not listed. (2) Plot Plan approval required(9-2.107). Precise Plan approval(9-2.108)may also be required. Conditional Use Permit approval required for all projects over 10,000 sf in floor area. (3) Use allowed only on second or third floor. (4) Use allowed only on second or third floor,except with CUP approval. CUP approval shall require that the Commission first find the.following,in addition to the findings normally required: a. The proposed use will generate a volume of pedestrian traffic similar to a retail store; b. The building fagade will include design elements that will provide pedestrian interest and attraction similar to a retail store; 0 c. Establishment of the proposed use will retain the majority of the frontage on the block where the site is located in retail stores or other uses listed in this table as permitted(P)uses. S_� Draft Downtown Zoning District Requirements June 2000 Z 3 ATASCADERO MUNICIPAL CODE-TITLE 9,ZONING ORDINANCE Downtown Zoning Districts 9-3.262 : ':"'":k•:'::::':':::::: Allortieel Uses cl 'e .. :u riemen..................:...................:...... ..............Perms tec Use.z.................................. ...................:...:.:.:.:.:.:.:.:.:.:.:.::.::.:.:.:.:.:.:.:.:.:.:.:... i yr)7v u itv v i o iiiig L?istncts....:...............:... .. CUP.....Cond7h iai use Pest zegLur d....: s........................................................................................................................................................ ... ........................... ...... p.... 1C It E P; IiMI'T..E. . ,........... ' .: ............... ....Q Re' :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: laHatis' . :::::::::::: TRANSPORTATION,COMMUNICATIONS,&INFRASTRUCTURE USES Broadcasting studios CUP(3) P Transit stations and terminals CUP CUP Utility facilities CUP CUP KEY TO ZONING DISTRICT SYMBOLS IJC Downtown Commercial Df� Downtown Office Notes: (Only the notes that apply to this page are shown below.) (1) See Section 9-3.701 for land use descriptions. See Section 9-1.109(d)regarding uses not listed. (2) Plot Plan approval required(9-2.107). Precise Plan approval(9-2.108)may also be required. Conditional Use Permit approval required for all projects over 10,000 sf in floor area. (3) Use allowed only on second or third floor. Draft Downtown Zoning District Requirements June 2000 0 3 0 4 V lJ ATASCADERO MUNICIPAL CODE-TITLE 9,ZONING ORDINANCE Downtown Zoning Districts 9-3.263 9-3.263 - Downtown District General Development Standards Subdivisions,new land uses and structures,and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in the following table, in addition to the other applicable development standards of this Zoning Ordinance. Requirement by Zoning District Development Feature DC DO Downtown Commercial Downtown Office Minimum lot size No minimum Setbacks Minimum and maximum setbacks required. See Section 9-4.103 for setback measurement,allowed projections into setbacks,and exceptions to setbacks. Front None allowed,except for building As required by Section 9-4.106 insets designed to accommodate when adjacent to a residential outdoor eating and seating areas, zone,none required otherwise. and except for East and West Mall between El Camino Real and Palma Avenue,where a minimum of 20 ft is required. Sides(each) None required Rear None required Creek To be determined throu h Design Review Height limit 45-feet not to exceed 3 stories;18 35 ft feet on the west side of El Camino Real between the outside right-of- way lines of East mall and West Mall. Landscaping As required by Sections 9-4.124 et seq.(Landscaping,Screening and Fencing) Off-street parking None required,except as required As required by Sections 9-4.114 et by 9-4.114 for hotels,motels,and seq. residential uses,and for all development east of Atascadero Creek. Signs See Section 9-15.0005(b) Density Residential density shall not Residential density shall not exceed the standards for exceed the standards for High Density Multi-Family High Density Multi-Family tv— Downtown Zoning District Requirements 5 July 2000 031 ITEM NUMBER: A-6 DATE: 8/22/2000 ■,1 ora .110 . : 1919 1 19 9 ATASrAn�O% Atascadero City Council Staff Report - Community & Economic Development Downtown Revitalization Plan Zone Change 2000-003 Sign Regulation Amendments (City of Atascadero) RECOMMENDATION: Council adopt on second reading by title only the draft Ordinance, approving Zone Change 2000-003 to repeal and replace section 9-15.0005(B) of the City's Municipal Code. DISCUSSION: On July 25, 2000, the City Council conducted a Public Hearing to consider the adopting new sign regulations for the downtown area. The Ordinance will repeal the existing sign regulations contained in Section 9-15.0005(b) of the City's Municipal Code and replace them with new regulations. The new regulations include provisions for wall signs, awning signs, projecting signs, window graphics, monument signs, multi-tenant directory signs and building name signs. There were no changes made by the City Council to the Ordinance during its first reading and it is ready for final adoption as attached. FISCAL IMPACT: Negligible ATTACHMENTS: Draft Ordinance 032 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2000-0003 TO REPEAL AND REPLACE SECTION 9-15.0005(B) OF THE CITY'S MUNICIPAL CODE (ZCH 2000-0003: Downtown Revitalization Plan / Main Street Program, Atascadero Redevelopment Agency) WHEREAS, the City of Atascadero has formed a Redevelopment Agency for the purposes of revitalizing the historic core of Atascadero and the Agency has sponsored the formation of a Main Street organization to plan and implement this program; and, WHEREAS,the City of Atascadero currently has a Sign Ordinance which is part of the City's Zoning Ordinance; and, WHEREAS,the Sign Ordinance contains regulations pertaining to the allowed signage in the Downtown Area; and, WHEREAS,the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 12, 2000, recommended approval of Zone Change 2000-0003 to the City Council, and, WHEREAS,the City Council has determined that it is in the best interest of the City to repeal the existing text contained in Section 9-15.0005(b) of the City's Municipal Code (Sign Ordinance), and adopt new text to ensure the orderly and efficiency redevelopment of the Downtown consistent with the Downtown Revitalization Plan; 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 Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS,the City Council of the City of Atascadero, at a duly noticed Public Hearing held on July 25, 2000, studied and considered Zone Change 2000-0003, after first studying and considering the Draft Negative Declaration prepared for the project and the Planning Commission's recommendation, and, NOW, THEREFORE,the City Council does ordain as follows: • 033 Section 1. Findings for approval of zone text change. 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. The zone change will not, in itself, result in significant environmental impacts. The Negative Declaration prepared for the zone change and for the project has been certified as adequate, in accordance with California environmental laws. Section 2. Zone text change. Section 15 of Title 9 of the Municipal Code 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 3. Effective Date. This ordinance shall be effective at 12:01 a.m. on the 31St day after its final passage. On motion by Council Member , and seconded by Council Member the foregoing ordinance is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Ray Johnson, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 034 9-15.0005(b)-Downtown District Sign Regulations A. Applicability. Signs within the downtown zoning districts are subject to all applicable requirements of the City's Sign Ordinance,except as provided by this Section. B. Design Review. The design, materials, illumination and location of all signs shall be reviewed for consistency with the Downtown Design Guidelines. C. Maximum allowed sign area. Each business shall be allowed a total of one square foot of sign area per linear foot of the street frontage occupied by the business, with a minimum total of 20 square feet allowed for each business,and a maximum total sign area of 50 square feet. D. Standards for specific types of signs. 1. Wall signs. a. Maximum number. Each business may have one wall sign, except corner buildings, which may have two. A single facade may have a wall sign or awning sign (Subsection D.2),but not both. b. Height. Wall signs shall be located below the top of the parapet or roofline on single story buildings and below the second floor sill on multi-story buildings. C. Placement and materials. The sign may be painted directly on a wall, formed of individual letters attached to a wall, or consist of a sign panel attached to the wall, provided that the design is consistent with the architectural style and features of the building fagade. Internally illuminated"can"signs are not allowed. 2. Awning signs. Awning signs may be used instead of allowable wall signs on the same building facade. A logo/insignia or name may be painted,silk-screened, or appliqued onto the awning. a. Sign area. The area of signage on an awning shall not exceed 25 percent of the area of the awning face. b. Projection and clearance. Awnings may project a maximum of five feet into the public right-of-way and shall maintain a minimum vertical clearance from the ground of eight feet. C. Design. Awnings shall be securely attached to the building and well maintained. No supports or poles may be located in the public right-of-way. Awnings shall complement the building they are attached to. 3. Projecting signs. Projecting signs may be allowed as follows. a. Maximum number and area. Each business within the Downtown is allowed a projecting sign in addition to the wall signs allowed by this Section. (1) If the projection is two sided, each side of the sign shall be used in the total allowable area calculation(Subsection C.). (2) No projecting signs shall exceed nine square feet in area per side. b. Projection and clearance. Projecting signs may extend five feet into the public right-of- way and must maintain a minimum vertical clearance of eight feet. 035 C. Alternative use of decorative pennants. Decorative individual pennants (not strings of pennants) may be used as an alternative to an allowed projecting sign. Only fabric pennants may be used. The image may be painted, silk screened or appliqued on the fabric. Any business logo or insignia shall be included within the total allowable projecting sign area. All decorative pennants shall be well maintained and of professional quality. 4. Monument signs. Uses occupying over 10,000 square feet may be allowed a monument sign in compliance with the Sign Ordinance, in addition to the sign area and types of signs allowed by this Section. 5. Window graphics. Window graphics shall not exceed 20 percent of the storefront window area, or 20 square feet, whichever is less. Window graphics are not counted as part of the maximum sign area allowed a business. 6. Multi-Tenant Directory Signs: Multi-tenant directory signs shall not exceed 72-inches per tenant. The multi-tenant directory signs are allowed in addition to the sign area and types of signs allowed by this Section,provided that the design is consistent with the architectural style and features of the building facade. 7. Building Name Sign: A building name sign shall not exceed 20 square feet. The building name sign shall be limited to buildings with at least three tenants and shall identify the building, not a business within the building. The building name sign is allowed in addition to the sign area and types ofsigns allowed by this Section, provided that the design is consistent with the architectural style and features of the building fagade. 03 � ITEM NUMBER: A-7 ' DATE: 8/22/2000 all o;n i', On ® e ,ATAsc�n�toi Atascadero City Council Staff Report - Community & Economic Development Downtown Parking & Business Improvement Area RECOMMENDATION: Council adopt on second reading by title only the draft Ordinance, amending Section 3-11.09 of the Atascadero Municipal Code relating to the Business Improvement Association. DISCUSSION: On Jul 25, 2000, the Cit Council conducted a Public Hearin to consider the adoption and Y Y g p implementation of the Downtown Revitalization Plan, including changes to the Municipal Code relating to the administration of the Parking & Business Improvement Area. The Ordinance will provide the authority for the City to enter into agreements with a non-profit organization for the purposes of expend revenues derived from the Improvement Area assessment. FISCAL IMPACT: Negligible ATTACHMENTS: Draft Ordinance 037 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 3-11.09 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE BUSINESS IMPROVEMENT ASSOCAITON WHEREAS, the City Council adopted Ordinance 116 on January 27, 1986 establishing the Atascadero Parking and Business Improvement Area in accordance with the Parking and Business Improvement Area Law of 1965; and WHEREAS, Ordinance 116 established the Atascadero Business Improvement Association and authorized the Association to expend area revenues derived from the annual assessment; and WHEREAS, the City Council approved the Bylaws of the Atascadero Business Improvement Association on June 23, 1986 with amendments on April 10, 1990; and WHEREAS, Section 36530 of the Streets and Highways Code provides the option to the City Council to create a new advisory board or designate existing advisory boards to make recommendation to the City Council on the expenditure of revenues from the levy of the Improvement Area assessment; and WHEREAS, the Business Improvement Association was established by the City to expend revenue derived from the Improvement Area assessment; and WHEREAS, the City has adopted a Downtown Revitalization Plan which calls for the establishment of a independent non-profit organization to provide professional leadership and organization of the downtown revitalization effort; and WHERAS, it is the desire of the City Council to designate such an organization to advise it on the expenditure of Improvement Area revenue. NOW THEREFORE THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: 1. The City Council does hereby rescind Resolution 64-86 and subsequent amendments to the Bylaws of the Business Improvement Association. 2. The City Council hereby amends Section 3-11.09 of the Atascadero Municipal Code as follows (bold represents addition, strikethrough represents deletion): 3-11.09 Downtown Advisory Body ' • The Atascadero City Council shall have full authority to enter into annum 0 agreements-with nonprofit business promotional groups or organizations serving 038 the area which authorize the groups or organizations to expend area revenues in accordance with city budgetary and accounting procedures. Such group or organization shall have representation on the Board of Directors of such group or organization from among those who have businesses in the area and who are subject to the assessment. Such group or organization shall advise the City on matters pertaining to Section 36533 of the California Streets & Highways Code and other areas that may be outlined in annual agreement. with the A tnn„n,le-a �eao� rte`v —Busin-ess Impr-evement Asseeimien, eensistinef repr-esentatiN,es ameng 44aw Whe ha4 business@-,; ice the-area afid who ar-@ suljeet te-tkeeharges a„r2 C[.s_see.nssmepAsuncle-' 4-4-e A441AA440P Ced}f}ed in thiS Ghapt@f. T-I;e B-lrrrrrc�$ A n nt; „t t„ n e n ,its, the 94 G ;1 9„, PWSUa4SnbY „t shall, s a-fr-st el:der- efbasiness, establish by laws for. its-epel:at}ea--44eh by ln..ro nl nll be s4jeet tony l by the City Gauneil of Ataseader-a. 3. This ordinance shall be effective on 12:01 a.m. on the 31” day after its final passage. On motion by Council Member , and seconded by Council Member the foregoing ordinance is hereby adopted following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Ray Johnson, Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney 030 ITEM NUMBER: A-8 011:0 a ■ DATE: 08/22/2000 ilia w 1979 \�ASCAD�i/ Atascadero City Council Staff Report - Community Development Department Acceptance of Final Tract Map 21-89 / Tract 1831 Chalk Mountain Village 8555 El Corte (Bunnell Development Corporation /Vaughan Surveys) RECOMMENDATIONS: 1. Council accept Final Tract Map 21-89 (Tract 1831); and 2. Council approve the sewer easement agreement with San Luis Obispo County and the City of Atascadero for sewer purposes; and 3. Council accept the public dedications and easements. DISCUSSION: Tentative Tract Map 21-89 was approved by the City Council on October 30, 1990 in conjunction with Planned Development 6 which is known as the Chalk Mountain Village project. The tentative map approval allowed the subdivision of 21± acres into 72 single- family lots, and 1 open spaces lots as shown on Attachment 1. The tentative map was reconsidered and approved with revised conditions on April 9, 1996. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) can not deny a final map that is consistent with an approved tentative map. Staff has determined that the Final Map is consistent with Tentative Tract Map approval 21-89 as amended by the 4/9/96 reconsideration. All conditions of approval imposed by the City Council have been satisfied. The public dedications that need to be accepted as part of the Final Map include additional right-of-way on El Corte Road, easements for emergency access, and sanitary sewer. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Approved Tentative Tract Map 21-89 Exhibit B: County Sewer Agreement 040 Attachment A Approved Tentative Tract Map 21-89 Chalk Mountain Village Bunnell Development I Vaughan Surveys .ti..51 :/f s IN •..... .a. s.,,� _.u►1lV w.1 rirWAC , PTN My log IN A AN 01 Ik - \kO � `1 1 � u is`� � • t� t_•*-,��1 � ,�, ,��� ���, � lam.-.�--_- - - 1N •►��, +� } "�, l .� • ..mac„t ,;�,�'' 11 4 N in a! �,EI�1�, ,ter,� i � ;�}���O+w:.��"."'� �• IAN W. ` s, y RECORDING REQUESTED BY: County of San Luis Obispo Department of General Services AND WHEN RECORDED RETURN TO: City of Atascadero 6500 Palma Avenue Atascadero,CA 93422 SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT AGREEMENT This Easement Agreement, (the"Agreement") is entered by and between the County of San Luis Obispo, a public entity in the State of California, (the"Grantor") and the City of Atascadero, a municipal corporation in the State of California, (the "Grantee"). A. Grantor is the owner of certain real property situated in an unincorporated area near Atascadero, in San Luis Obispo County, California, and more particularly described as a portion of APN 034-391-004,known as Chalk Mountain Golf Course, (the "Premises"). B. Grantee desires to acquire from Grantor the nonexclusive right and sub-surface easement to operate, maintain and repair a sewer line, through and under the following described Premises in the County of San Luis Obispo, State of California, to wit: See Exhibits "A" and `B" attached hereto and incorporated by this reference. Grant of Sewer Easement 1. In consideration of the foregoing and of the promises set forth herein, and subject to the terms of this Agreement, Grantor grants Grantee a sewer easement. Temporary Construction Easement 2. An Access Permit has been issued to Bunnell Construction, Inc., a California Corporation, for the construction and installation of the aforementioned sewer line. Temporary easement wording has been added to the existing use permit issued by County Engineering for prior grading work completed at the site. 1 Nonexclusive Easement 3. The easement granted in this Agreement is nonexclusive. Grantor retains the right to grant concurrent easements to third parties that do not interfere unreasonably with Grantee's free use and enjoyment of the easement. Easement Description and Conditions of Use 4. The easement granted in this Agreement is for the repair and maintenance of a sub-surface sewer line. Said easement is approximately 20 feet in width, and more particularly described on Exhibit A. Said easement includes the"14th tee"golf cart path, and Grantee shall use all reasonable efforts to use the golf cart path to access sewer improvements in order to minimize potential damage to landscape in the easement area. If necessary, Grantee shall restore the easement area to its original condition after performing any repair or maintenance work. Term 5. The easement granted in this Agreement shall be for twenty-five (25) years. At the end of twenty-five (25) years, this term shall automatically be renewed on an annual basis until said easement is terminated by mutual agreement, or unless sooner terminated pursuant to this Agreement. If the easement is no longer used for the purposes stated in this Agreement, said easement shall revert to Grantor. At the termination of this easement all improvements shall, absent any agreement between Grantor and Grantee, or unless Grantor otherwise elects, which election shall be made by giving a notice, in writing, to Grantee, become the property of Grantor free and clear of all claims to or against the improvements. In the event Grantor shall notify Grantee to remove any or all improvements, Grantee shall do so at Grantee's sole cost and expense, and shall promptly repair any damage caused by such removal in a first class manner. Removal is to be completed no later than sixty (60) days from the date of said notice or at such time as Grantor may agree to in writing. In the event Grantee fails to remove any or all improvements required by Grantor, Grantor may remove same and charge Grantee for cost of such removal and Grantee shall pay all such costs upon demand. Notification 6. Grantee shall notify Grantor in writing at least 72 hours in advance of any proposed repairs or maintenance to be done within the easement in order to avoid interruption of Chalk Mountain Golf Course activities. In the event of an emergency, Grantee shall have immediate access to the easement, and shall make all reasonable efforts to notify Grantor as soon as possible. 2 043 Non Assignment of Agreement 7. This Agreement, or any interest therein, shall not be assigned, transferred, delegated or sublet without prior written consent of County and any such assignment, transfer, delegation or sublease without the County's prior written consent shall be considered null and void. Indemnification 8. Grantee shall defend, indemnify, and save harmless the Grantor, its officers, agents and employees, from any and all claims, demands, damages, costs, expenses,judgments, attorney fees or any liability arising out of this Agreement or attempted performance of the provisions hereof, including but not limited to those predicated upon theories of violation of statute, ordinance, or regulation,professional malpractice, negligence, or recklessness including negligent or reckless operation of motor vehicles or other equipment, furnishing of defective or dangerous products or completed operations, premises liability, liability arising from trespass or inverse condemnation, violation of civil rights; and also including any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board with respect to Grantee's "independent contractor" status that would establish a liability for failure to make social security and income tax withholding payments, or any act or omission to act,whether or not it be willful, intentional or actively or passively negligent on the part of the Grantee or its agents, employees or other independent consultants directly responsible to Grantee; providing further that the foregoing shall apply to any wrongful acts or any active or passively negligent acts or permissions to employees or independent contractors and Grantor, its agents, employees or independent professional contractors involved in this project. Nothing contained in the foregoing indemnity provision shall be construed to require indemnification for claims, demands, damages, costs, expenses,judgments, attorney fees resulting solely from the negligence or willful misconduct of the Grantor. Nothing contained in the foregoing indemnity provisions shall be construed to require Grantee to indemnify Grantor against any responsibility or liability in contravention of Section 2782 of the Civil Code. Taxes 9. During the term of this Agreement, Grantee hereby agrees to pay,prior to delinquency, all taxes and assessments, including both general and special, levied or assessed against the Grantee's portion of the Premises and in connection with Grantee's operation thereof. Entire Agreement 10. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the above easement. Any prior agreements,promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. No person shall sign for the Grantor except the Chairperson of the Board of Supervisors. Grantee shall not rely on representations made by or signatures of any other > person(s) acting on behalf of Grantor. \\\\\\\\\\\\\\\\\\\\\\\ NOTHINGBELOWTHIS LINE\\\\\\\\\\\\\\\\\\\\\ 044 3 IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on this day of , 2000. APPROVED AS TO FORM AND LEGAL EFFECT: GRANTEE: CITY OF ATASCADERO JAMES B.LINDHOLM,JR. County Counsel Mayor of Atascadero By: Deputy County Counsel Date: Date: CERTIFICATE OF ACKNOWLEDGNIENT. COUNTY OF SAN LUIS OBISPO State of California SS. By: Chairman of the Board of Supervisors County of Approved by the Board of Supervisors on this On before me, 12000 Public, ,2000 personally appeared personally known to me(or proved to me on the ATTEST: basis of satisfactory evidence)to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they Clerk of the Board of Supervisors executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. F:\PROPMGMT%ATASCADE\SEWESMT.WPD WITNESS my hand and official seal. Signature (Seal) 0,15 4 EASEMENT DESCRIPTION A portion of Lots 3 and 4 of Story's Subdivision of the Rancho Atascadero made in 1883 in the County of San Luis Obispo, said land also being known as Chalk Mountain Golf Course and being more particularly described as follows; Beginning at a 3/4" iron pipe and tag LS 5201 at the southeast corner of Lot 10 said Iron Pipe also being the TRUE POINT OF BEGINNING; thence North 36102'05"West along the easterly boundary of said Lot 10, 164.83 feet to a point; thence leaving said boundary line North 71'09'53" East, 15 feet to a point; thence South 58114'53" East, 15 feet to a point; thence South 36°02'05" East, 175.08 feet to a point on the northerly line of a sewer easement shown as Exhibit A in Volume 3117, Page 627 of Official records, accepted on February 10, 1988 by the City of Atascadero and recorded on March 14, 1988 as Document #13179 in the Office of the County Recorder of said county; thence North 57°09'44" West along the northerly line of said sewer easement, 8.84 feet to a point; thence North 87°42'05"West along the northerly line of said sewer easement, 13.53 feet to a point; thence South 2°1755" West along the westerly line of said sewer easement, 10.00 feet to a point; thence North 36002'05 West 7.65 feet to the TRUE POINT OF BEGINNING and the end of this description. Alan L. Volbrecht PLS 5201 Exp 6/36/99 EXHIBIT A ,yy 046 W4LLI � o 1 w . o o t� ml o LLl c 0 W �. LLJ ITEM NUMBER: B- 1 DATE: 08/22/2000 .rr, IM 1918 C 1 8 Atascadero City Council Staff Report - Fire Department Confirming the Cost of Vegetative Growth and/or Refuse Abatement RECOMMENDATION: Council adopt draft Resolution, confirming the cost of vegetative growth (weed) and/or refuse (rubbish) abatement. DISCUSSION: On April 25, Council adopted Resolution No. 2000-009, declaring vegetative growth and/or refuse a public nuisance, and authorized the Fire Chief to proceed with the abatement process. On May 4, notices were mailed to property owners, informing them of the City's abatement requirements. A public hearing regarding objections for parcels scheduled to be abated was held on May 23. At that meeting, the weed abatement contract was awarded to Jack R. Bridwell to abate parcels which were not in compliance upon arrival, following the June 6 deadline. An itemized list of the abatement assessments were, by fiscal year, posted with the City Clerk and at the Fire Department—Station#1 on July 27. A total of 117 parcels were abated. FISCAL IMPACT: No direct fiscal impact. The total cost of the contractor is $23,773, with $47,546 to be recovered through assessments placed on property tax bills. NO ALTERNATIVES: No alternative recommended. ATTACHMENTS: Draft Resolution, Confirming the Cost of Abatement Abatement Assessments 1999-00 (June 7—30) Abatement Assessments 2000-01 (July 1 —21) 048 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONFIRMING THE COST OF VEGETATIVE GROWTH / REFUSE ABATEMENT WHEREAS, the Government Code of the State of California, Section 39500, et seq., provides that cities may declare vegetative growth(weeds) and refuse (rubbish) a public nuisance for the purpose of vegetative growth(weeds) and refuse (rubbish) abatement; and WHEREAS, the Atascadero City Fire Department did abate said nuisances within the provision of the Government Code, Section 39500, et seq.; and WHEREAS, the cost of the work of abatement, including a 100% administrative fee, as shown on the Preliminary Special Tax Listing for 2000/2001 Tax Roll was submitted in accordance with Government Code Section 39574; and WHEREAS, the Council of the City of Atascadero received the cost report and held a hearing to receive objections of any property owners liable to be assessed for the work of abatement. NOW, THEREFORE, BE IT RESOLVED that the report of abatement cost is confirmed as presented; and BE IT FURTHER RESOLVED that the costs of abatement constitutes a special assessment against the described parcels and shall be lien on the property in accordance with Government Code Section 39577; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit to the proper officials of the County, a certified copy of the report for filing. On motion by Council person and seconded by Council person ' the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: PROPOSED RESOLUTION Page 2 CITY OF ATASCADERO By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney 050 O O O O O O O O O O O O O O O w O O O O O O O O 3 N 00 N N N N N N N N N N N N N V} M Vv' N N N N N M M N N M M 04 iv fl? : a? OO O O O O O O p O O O O O C?- ,, � N N N N N N N N � N N N N N N _° �' O O O O O O O O O O O O O O O C" O Cfl O O O O O O O O O O O O M N N N NN M M N N M M ++w N a-+ Iv d CL a CL U;' 40 CD y W 'Q) O O O O O O O O O O O O O O O46 "�,' O M O O O O O O O O O O O O O Il- N N N N N N I- M O O O O O O N r r r r r CO N N P 1- (D f0 fA d ti t0: O � N j ;;, O O O O O O O O a) �:+. O O O O O O O O O O O O O O O "/ O O O O O O O x.G O N O 04 N O N CN O N 0 C) O O O O O N r r T- � r C17 CO N N i- t` CO co 'p" r j r-L �'. tf) (0 O O 1` Ntt) I- T- M It O O M ltd Lf) N O O O— V'- V- C) O O O O O O O O -Y O O O O O O i i N N N N N 0 T- r r r r N C>7 LO O O O O O m N M co I,- C? r r- '��. co 00 00 00 00 M 00 00 O O O O O O rp' N N N N N N N N M M M M7 M ft},� O O O O O O O O p O O O O O O G3 N ~ M M" Y Y to m0 m0 0 M I O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N 00 o) 1� N M r 'gr M M M M C) M N N C4 00 Ln 0Z Q=' 410 +; O O O O O O O O O O O O O O O O O O O O O O O O O O O O LLI N N N N N N N N N N N N N 00 U 40 0 o O o o O O o 0 o O o O o 0 0 0 0 o O O o o O O o O o d. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � Iq IT I� Co V It IT It '�Y' �t N O 00 d' N M r M M M M M M N N C4 00 � rdi Ln CU N :: Cli O C) to o � co a: ° 0 N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O_ Lf) O O Q) p MeN- O N r r r r r r co04 cu 0) d t) E ' +. N N p 1- C6 p N Q � � p Q •� �. •E U o Q N O O O O O O O O O O O O O O N"•, O O O O O O O O O O O O O O a) O O O O O O O O O O O O O r ( N 1- co M I` N r- r- ti � r IT 'd' N r r N r r r r r r r r M a) L- 0 N ;!a3 U; ~� o O O Cfl CO I- Ln Ln N r N 00 O M s° C'7 co il- O CO O O O O M a) O O O O O O O O O O O O O O t i C r r r N N r- N N r r N N N p M O C� C Y) a) r r r N ` = O r r N N N N N C) Ln Ln Cf) Ln d; O O �O U M M M M M M M co C) M M M M . O O O O O O O O O O O O O p tA`f, O H a ° 052 All O O o o O O o o O O o 0 0 0 0 0 o O o c 0 0 0 0 0 0 0 g ?� N N N N N N Ci N N N N N N N 'V 00 d IT N O C%4 C5) 00 M M M Iq O E: M N NN IT LO 'IT LO M M Q i O O O O O O O O O O O O O Q? O O O O O O O O O O O O O ? N N N N N N CV N N N N N N N 4 T OT O O O 0 O O O O O O O O O i,;" O O O O O O C O0 O O O O O %_. O O O O O O O O O O O O O Qi CO IT IT N O O CA 00 M (O M d M r.� M N N N 'IT U') lO M M � a ja ++ , Q d ;,p_ p aca. LL N O O O O O O O O O O O O O p O O O O O O O O O O O O O O OL Q d O O O O O Lo id') O U') O LO O O d C LLN � r- N M 1q, IT M M O � co N N T- N N N �- d U �) ~ i d N O Q � U o 613- CN O O O O O O O O O O O O O CA ++. O O O O O O O O O O O O O O O O O O (f) O LOO O O CA p N � ti N (D 'V' d' � (D M (0 � Co T U. N N M N N N N r- r.`O' _.: Z„ CO � � M M ti 00 00 1— N O O O r- O N M O O r- O O O O O O YO O O O O O O N N p r CV Mco LO O O T Lr) r- N N 'IT00 CY O m O O O O O O O r- r �- •- O O O O O O O p CO M M M M M ��, In LO LO LO LO (f) 7 N O O O O O Op O O O O O O O U)` M H Lf) .19 Vi. h �' m m E 53 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N O O O N N N N CS. O 00 N CO f- 0) 00 M N N N M O O (fl N It N I- M r N LO U') N LO � LO 00 CO M N; to Rf e. O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N NN N N N Li N N N O o o O O O o o O o 0 o O o O o 0 o O O O o 0 0 0 0 0 0 0 c o 0 0 0 0 0 0 0 0 0 0 0 0 t13` O) 00 N CO ti O 00 M O O O M O O O N v Nr- M N Ln Ln N � LC) ao O M d N 4-i' � O Fi m m Co -i c d 0 N O O O O O O O O O O O O O N O O O O O O O O O 0 0 O O O O cY Lo O Lo Ln O O O a) , ct N Cfl 00 00 d' CA (D O O Cfl O O 00 rn .a C O N r M 04 N M N � Mcu d Q .Q = C � O O „Q U o -_ O O O O O O O O O O O O O O O O O O O O O O CD O O O O O O O O L6 O O O O LO LO O LO O O O O �} V- N Cfl 00 00 'IT O (D O O CN CO O O 00 r V r N r M r r N N V- N M N v M r V.r m L-; L.'I CO co It ti N l!7 Lf') O O O O r r N O O O O O O O O O O O O O O O O O O L = M M co M M r- N O O (S) O O r- CO f- I- ti r- � r- 00 00 00 O O O r r r r r r r r r r .- �,; O O O O O O O O O O O O O O 0 V Ltd Ln Ln Ln Ln In LO LO LO Ln LO Ln LO Lf') vcn Ln O O O O O O O O O O O O O O O O N; C y" U l � o UJ4 Q m O O O o O O O O O o O O o +� O O O o O O O o O O co 0 0 c ' N N N N N N N N N N O N N N G ! 00 U) O M V 00 (D r- � IT IT V 00 w . V' 00 Lf) Ltd M V V' M M N M 00 O co 4 y. LA r- iA° � fA E9 O O O O O O O O O O O O O CD d. O O O O O O O O O O C O O O N N N N N N N N N N N N N to 3 lf} d} O O O O O O O O O O O O O CD O O O O O O O CCDO O O O O O O O O O O O O O " d> 00 Ln M CO IT M CD c- V' CO V' V 00 C V' 00 LO LO M V V' V CO M N M 00 Mto co L r � R r d — N 0. L CL c d. o 0 N � tF+ y O O O o O O O o O oc O o O c C) O o 0 0 0 0 0 0 0 0 0 0 0 c o LO o Lri o 0 0 LO 0 C0 0 0 d LL N 00 M ti V M O r` ti O r- N C m M ; N V N N N N N �- M co d to d ►� '':R, M � O U C Q fA to I O O O O O O O O O O O O O a) Fr: O O O O O O O O O O O O O O G O LO O O O O O O O O O a) O; IT N 00 (D tl- If M O i� r- c r- N G r U N V' N N �- N N N �- �- � r V Ma) t1 L7 493� 40 0 M Lr) CD d co I-- N O co LO 00 co LO O O O O O O O O •- O O O O O O O O O O O O Y O O O Y N-I i i i ii O C N CD V O L? M r r N N N r- �- O O M M Lf) O �- M V O m r- C) M m = N N N N M M M M M M .� O M L' O O O O O O O O O O O V V d p' V Lo LO LO u') LO Ln Lr) Lr) «) LO w�., u) L[1 N O O O O O O O O O O p O O O p d LO ~ ~ 0 �� LM m m O O O O O O O O O C ; ►+: O O O O O O O O O C N N N N N N N N N d- _ cd MONN M N IT N V' N � N O a 5 AS �G z: O O O O O O O O O Cl SQ O O O O O O O O O O N N N N N N N N N krz, EH "A4 i, O O O O O O O O O O tQ M N � N M N 00 � N N C4 s+ N O!' C N 0 d � � aN+ cSf CL c a o ti o m d � O O O O O O O O O O O 4" O O O O O O O O O O""' c0 OL Q 41 O O O Lf) O O O O OM LL' N f` N O N 00 N N �O -� C Or r N r N r M 0 d O Q � O O a � 04 U o O O O O O O O O O CD O O O O O O O O 0 Q O O O LO O O O O O 0 04 r V r r N r co N r LO a) er'± C (D co Ln co 1q, .Z !- O O O O Y N , O O O O O O O O O p is N .- N p ','; m N N M M ch Ln U') Ln U') Ln Ln Ln Ln LO �C L; yy; O O O O O O O O O p �- V} LO N Y O O O C O O O O O O G O C CCNC4 C-li M M M M M M dam' M ONO Ce M N a, §„ O O O O O O O O O O O O O ClO O O O O O C O C N N N N N N N N N N CV N O � EFY Ei? ;F O O OCD O O O O O O C O C O O O O O O O O O O C�7 M ci M CD 0 M M M �? CO ONO COO ce) M O N O. CL C dW4, : C1 d O y E M M. _ N � L N N ova, O O O O O O O O O O O O O O O O O O O O C O G LO a a;C7' 1* O O O O O O O O O O0) d +' Ll:: f- Il- � O 00 il- 00 N 00 tt coO00 LC) M r Q t6 ? 75 CD O � O 79-3 N ' • O O O O O O O O O O O O O O O O O O O O O C O to O iµ C= O O O 0 OD O� 00 04 00 p 00 O N r r c- 04 r IRT r- OD x: V` ` N N M04 N 00 I- V- N N M L e O O O M M O Y O YO O O N 04 NO O NO OO O O 04 co CN O tim N N c com CD m O co CO Q N N N ice, N N N N N N OM �/} O O O O O O O O O O O O �.. O co f- O) F- 04 M m Ut:. 5„� Y Y Y OO O O m m m X - 7 O O O O O O O O O O O O C O O Oa O O C O O O O O O O G?; (14 N N N N N N N N N N N i` V V V tt M U) N O D Lf) 00 � CD00 N O MC O O O O O O O O O O O O G? O O O O O O O O O O O O N N N N N N N N N N N N a 64 O O O O O O O O O O O O 'p O O OC31 O O O O O O O O O O O O O O O O O O O O O Ii d' d O �! O M to 00 N O CD M AM, r-il M M V) N h In 00 2 O N M Rf C o E M �a 64 � w U) ' O O O O O O O O O O O O co O O O O O O O O O O O O N O O O O LO Ln Ln O O O O D 00 I� P- ti N O M 00 N r- M N d t� O N �y V E S .Q 5 ' O V Ora N OO O O O O O O O O O O CD O O O O O C O O O O O O (D Ln O O Ln O O (UO) Lt') Ln O O O O O 0'„ 00 I� N ti N � O N Ln c} �- O 00 N } r r N - M N ch N M LO xa �+ Rf- si O: S2 E. CY) NtM Lf) i— M 00 CO tf) M 00 CD M O O CO O Ln O O N O O O Y O O 0 O O O O O O O r N p M m O M N N N N (3, M O Lf) M I� O O N Ln Lf)m C? m O N N M M 8 8 dO O'It dO O O d It' OCA c, CA O O Lq p O O 0 ' as o 0 0J8 ,. m m m o C0 0 0 0 0 c 0 0 0 N N NNN N N Ncoo _ NN CO dV N CD 0 0 0 O o 0 0 0 0 0 0 0 0 0 c 0 o c xL N N N N N N N N E� N r.. O O O O O O O O s yj O O O O O O O O C . O O O O O OO O N Ln r r 'IT c; It (.0 0 O 00 �t N N M N MCl V r+ "lam, n. a a E cco UA O O, Q , . O O O O O O O O iQ O LO to L-0 O O O O d LL r- N O O N N co O N 00 G rn r d LO V- N N r r r r Cl tiS d N d � E _ M N V N EA 6Fy G y O O O O O O O O O O � LO LO O O O O C' N O O N N N o0 C N �;,; Ut LO � N N e- CD M , M tC O; i. Q N M oO 6) M U) O U-) O O N N Y O N Y O O O O O O Q O O O " O 000 N Mm O O O J � O �, _ �- N N N CO M m �- m Q O d7 O O O O O O tf) tf) O O O O O O Q O O O LO ZOX� Y Y O O O O ((�� 4r• � m m �.�J O O O O O O O O O O O O O' O O O O O O O O O O O O O, cl� C\l N_ r' N N N NN MN _ co M 00� LO It t ) N d7 to OKfi W) tp YI ; d�Y 44 EA # O O O O O O O O O d}. O O O O O O O O O , s N N N N CO NN N N N N co 40 fA 6H s j O O O OO O O O O O O O O O O O O O O O O O O O O O. a. M 000 00 M O O (fl O O O O M to � d LO M N � 7 07 IYr� Fa" �V ++ aca " N d ' LL N , O O O O O O O O O O O O O O O O L O O LO O � N ao O O co O � ui 00 IT co O O Q N CD N r N N d N g� Od .Q o -- V N GH EA fA !� O O O O O O O O O � Ow O O O O C O G O O O O C O OLO O O O O O to 000 LO 0M O O a0 N Y 'r 00 N N N a �O p Hfl k CD Z M CO co LA LO co LO O I-- O M N M O O O O N N -19 �p O O O O p O p O O O O p p LO M M m N m LO 04 O m , co co O co co 'V• In Cfl CO CO (D ¢; LO LO LO t!7 �� , LOLOLOlO O O O O p O p O O O O p - i toH (D H 0? U Ln O N!, ITEM NUMBER: C-1 DATE: 08/22/2000 1918 1079 Atascadero City Council Staff Report - City Manager's Office Proposition 35 Fair Competition and Taxpayer Savings Initiative RECOMMENDATION: Council adopt the draft Resolution in support of Proposition 35. DISCUSSION: The League of California Cities Board of Directors voted to support Proposition 35 at their July 291h meeting. The initiative is also supported by the California State Association of Counties, California Contract Cities Association, California Special Districts Association and more than 160 individual cities, counties and local governments. Essentially, the proposition would preserve the City's right to contract with private sector architecture and engineering firms. The issue stems from a Cal Trans lawsuit wherein Cal Trans engineers argued that only state employees could perform design services. This resulted in a virtual ban on the State's ability to contract with the private sector. It produces obvious competition, design, timing and bureaucratic problems. This proposition would include language in the State Constitution preserving the City's current rights. FISCAL IMPACT: This immediate action has no fiscal impact. Elimination of the ability to contract with private firms would have significant financial and operational implications. ATTACHMENT: Taxpayers for Fair Competition Report Draft Resolution 661 LOCAL GOVERNMENTSUPPORTS - O . 35 - FAIR COMPETITION INITIATIVE "The tateCalifornia and all other governmental entities, including, but not limited to, T c S of cities, counties, school districts and other special districts, local and regional agencice and joint power agencies, shall be allowed to contract with qualified private entities for architectural and engineering services for all public works of improvement." (Section 3,Paragraph 1 of the Fair Competition Act) The League of California Cities, Local Governments Are Vulnerable California State Association of to Lawsuits on Contracting Out Counties and Over 950 Cities, Local governments are being sued for their use Counties and Public Agencies of outside contractors. The lawsuits are based Support Prop. 35 on the PECG v. Caltrans Supreme Court This straightforward, common-sense initiative decision, (resulting from a lawsuit filed by a on the November ballot will ensure local small group of Caltrans engineers who want to governments have the flexibility to contract keep all work in-house). The Supreme Court with private sector architecture and engineer- interpreted the State Constitution to read that if in firms when it makes sense to do so — any public employee has ever performed a job. g something 49 other states do already. Not that work must always be performed by apublic employee. only is this a common-sense approach that helps deliver projects on time and on budget, it The result is a virtual ban on the State's has saved taxpayers money. ability to contract with private sector design firms. The legal precedent set by Why Is Prop, 35 So Important to those lawsuits is now threatening local Local Government7 governments as well. Historically, most local governments and agencies have successfully used contracting Charter or General Law City/County for architectural and engineering services as a _ Everyone Is Vulnerable way to get the job done in a fast, cost-effective Most charter cities and counties have similar fashion. Prop. 35 is on the ballot because that language to the state constitution when it 9r_acti9e is injeopardY today. comes to civil service law which makes them Prop. 35 is supported by: vulnerable to lawsuits like PECG v. Caltrans. League of Caiifomia Cities California State Association of Counties, However,'non-charter cities and counties aren't The California Special Districts Association, immune either.• Sections 31000 & 37103 of the California Contract Cities Association, government code (which governs general law California Groundwater Association, counties and general law cities) permits California Park and Recreation Society, contracting out for "special services" including National Council for Public-Private Partnerships, ASCE. The case law that has evolved California Taxpayers' Association, interpreting these sections prevents Californians for Better Transportation ... contracting if the services can be performed in- and more than 150 cities,counties, special districts, house. water and irrigation districts and school districts. Prop. 35 will simply protect local agencies' ability to legally utilize outside contractors' into common-sense . . . projects on time and on budget. 062 Status Quo Surrenders Local Control Even Seismic Retrofit Work is to the State hreatened The ban on state contracting essentially takes The existing lawsuits have already caused the control over many local projects and gives it to termination of 24 existing earthquake contracts the state. with private firms. Without a change in the law, state bureaucrats will control your projects. Does anyone really A Few Examples of the Need for believe you'll be able to approach a big, Prop. 35: Sacramento bureaucracy and insist a project • The City Attorney in the City of San Diego be done when you want it? Hardly. And if has told the city that any future contracting out completion of a local project depends on state should be done under the conditions set forth infrastructure, such as an off ramp, you'll be in under the decision in PECG v. Caltrans — the same situation. conditions which make contracting out next to impossible. The City Attorney reasoned that Huge Infrastructure Improvement there were enough similarities between the Backlog ... And It's Growing State Constitution and San Diego's City Thousands of overpasses, bridges and schools Charter, to make the court decision apply to await earthquake retrofitting; highway projects the city as well; are stalled; road and transit improvement and • A lawsuit has been filed to terminate expansions are funded but not moving forward. private sector architectural and engineering Of course, local projects get caught in the contracts on the San Francisco Airport Caltrans backlog, too. expansion and turn that work over to public -- employees—the costs and time delays of which "Without a change in contracting out would be staggering. The precedent for other practices, it may be very difficult for Caltruns local government entities is clearly alarming; to meet its ambitious project delivery At least three private sector contracts have schedules over the next few years." been canceled by East Bay MUD due to the Senior Fiscal and Policy Analyst, threat of a public employee lawsuit; Califomia Legislative Analyst's Office • Major work at the Port of Long Beach was Los Angeles Times;7/11/00 delayed due to confusion over the right to Without Prop, 35, More Projects Will contract with private firms; Be Delayed. We Need All Hands On Deck— Public and Private Sector Current Law Is Green Light For As long as the constitutional ban on Lawsuits contracting remains in place, California's Under the current situation, any single infrastructure needs will not be met. Removing taxpayer can go to court — for any purpose or that ban — by passing Prop. 35 — will ensure personal agenda -- and attempt to slow or stop that both state and local governments can a project by claiming that a design contract break the logjam and ensure all levels of violates local or state law. Under the status government have the flexibility to deliver quo, they are likely to succeed. projects on time and on budget. The only way to fully protect local governments' ability to hire private sector design firms is by writing that flexibility right into the State Constitution. That-s exactly what Prop. will • 1 7-31-00 Taxpayers for Fair Competition 111 Anza Boulevard,Suite 406 - Burlingame.CA 94010 Phone: (650)340-0470• Fax: (650)340.1740 11300 W.Olympic Boulevard,#840 • Los Angeles.CA 90064 • (310)996-2600 Fax: (310)996-2673 063 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO IN SUPPORT OF PROPOSITION 35 WHEREAS, California's population growth has resulted in the demand for more than $90 billion worth of highway, school, prison, flood control and other infrastructure improvement projects; and WHEREAS, the need for state and local governments to contract with the private sector for architectural and engineering services has never been greater; and WHEREAS, a series of successful lawsuits by a group of employees at Cal Trans has resulted in effectively banning the state from contracting with private engineers and architects; and WHEREAS, in order to stop the continuing effort to prevent the state and local government from utilizing private engineers and architects, Proposition 35 will appear on the November ballot; and WHEREAS, Proposition 35 changes California's laws and allows the state and local governments to contract with private companies for architectural and engineering services; and WHEREAS, Proposition 35 will save California's taxpayers money by encouraging competition between state employees and the private sector; and WHEREAS, Proposition 35 requires architecture and engineering contracts to be subject to standard accounting practices and requires financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget; THEREFORE BE IT RESOLVED, that the City Council of the City of Atascadero supports Proposition 35, which will give California's state and local governments the choice to hire qualified private sector engineers and architects where it makes sense to do so. On motion by Council Member , and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: 0 Pte-® 064 ITEM NUMBER: C-2 DATE: 08/22/2000 ia�s ® is e Atascadero City Council Staff Report - Community Services Department Youth/ Community Center Funding RECOMMENDATIONS 1. Council direct staff to prepare a Request for Proposal from Architects to design and prepare construction drawings for a Category #2 style Youth/ Community Center that will allow for phasing of portions of the proposed building. 2. Council direct staff to secure the services of a Youth/Community Center Project Manager to oversee and coordinate the design and construction of the proposed facility. 3. Council direct staff to prepare a financing plan based on the Capital Funding Option#1 of the Youth/ Community Center funding options. 4. Council direct staff to initiate plans to provide Level #1 programming at the Youth/ Community Center and to begin investigating potential public/private partnerships for the future maintenance and operation of the Youth/Community Center. DISCUSSION: On Friday, June 30, 2000, Governor Gray Davis signed a bill approving the annual California State budget, which included $500,000.00 toward the construction of a Youth/ Community Center by the City of Atascadero. Approval of$500,000.00 from the State of California provides a significant boost for efforts to build a Youth Center in Atascadero and depending on the size and design of the proposed facility, may provide a substantial portion of the construction costs. The State contribution to the Atascadero Youth/Community Center has created an opportunity to allow for the possibility to design and construct a building in the near future. Despite the possibility of construction in the near future, staff requests that prior to moving forward with the design and construction plans for a Youth/ Community Center, the City Council provide direction in the following three areas: 1. Determine the approximate size, scope and cost of the proposed facility based on funding parameters 2. Determine appropriate funding levels and sources for the proposed facility 3. Determine the projected ongoing operational and maintenance costs 066 ITEM NUMBER: C-2 DATE: 08/22/2000 The design, size, construction style and amenities will determine the cost of the proposed building. Staff estimated the cost of three potential buildings, which range in estimated cost from $700,000 to 1.5 million dollars. Existing allocated funds may now allow for the construction of a modest Youth/ Community Center that could possibly include a teen lounge area and a gymnasium, the two amenities that are desired most. A facility can be designed with the assistance of an Architect that may be built in phases. Existing funding sources could pay for a first phase that would include the gymnasium, teen lounge and restrooms. Future phases would be built when funds become available. These future phases may include additional interior amenities such as the multi-purpose classroom, dance room and locker room. Exterior improvements or additions and a Park Master Plan for the remaining public works yard may also be considered as future phases. The design plans for the Youth/ Community Center and all of the potential future phases are recommended to involve extensive community input. Staff proposes that funding for this project come from a combination of the State Youth/ Community Center allocation and other existing, anticipated or pledged funds or services. A combination of available funds listed in Funding Option#1 may allow for the construction of the proposed first phase that would include the gymnasium, teen lounge and restrooms. A facility that includes additional amenities such as a multi-purpose classroom, dance room, staff offices, locker rooms and additional storage would require funding beyond those currently available. Funding Option#1 involves the use of money and services that have been previously designated for the Youth/ Community Center and the use of other funds intended for Parks and Recreation facilities. A significant portion of the anticipated Proposition 12 funds are recommended for use on other Parks related capital improvement projects identified on Attachment 5. Finally, staff recommends that the City Council determine the level of programming and operation for the proposed facility. Anticipated annual operational costs for the Youth/ Community Center range from $100,000 to $170,000. Level #1 funding would allow for the Youth/ Community Center to host the R.E.C. program, which would provide supervision and coordinated activities to be conducted after school on weekdays. In addition, the facility would remain open daily through the evening for drop-in basketball and use of the teen lounge. Existing Recreation Division sports programs such as Youth Basketball, Jr. Volleyball, Adult Basketball and Adult Volleyball would be conducted in the Youth/Community Center. A public/private partnership can be investigated over the next year to determine if a non-profit organization such as the Boys and Girls Club or the YMCA can operate the Youth/ Community Center. An organization such as these may be able to garner public support to provide additional programming with a predetermined subsidy from the City. A public/private partnership would require substantial community involvement as generally, they receive little or no funding from the national organization. Some start-up funding and a limited ongoing subsidy may allow the City to provide additional services. CS7 ITEM NUMBER: C-2 DATE: 08/22/2000 ATTACHMENTS: 1. Youth/ Community Center Anticipated Capital costs 2. Youth/ Community Center Anticipated Program levels and operational costs 3. Potential Funding Sources for the proposed Youth/ Community Center 4. Anticipated Annual Budget for the proposed Youth/Community Center 5. Draft list of Parks Recreation and Zoo Facilities Capital Improvement Projects 068 L YOUTH/ COMMUNITY CENTER ANTICIPATED CAPITAL COSTS Category 1 Building- Estimated cost: $700,000-900,000 Approximate square footage: 10,000-11,000 s.f. Amenities: Gymnasium (2 basketball courts) Men's and Women's restrooms Teen lounge/ Game room Storage Room Building attendants counter Landscaping - "in house" Parking lot improvements - "in house" (includes design/plans/construction & project management) Category 2 Building- Estimated cost: $900,000-1,200,000 Approximate square footage: 11,000-13,000 s.f. Amenities: Gymnasium (2 basketball courts) Men's and Women's restrooms Teen lounge/ Game room Storage Room Building attendants counter Landscaping and parking lot improvements Office space for the Recreation Supervisor & Coordinator Multi-purpose class room Dance and exercise room. Portions of this Category building may be phased. (includes design/plans/construction & project management) Category 3 Building- Estimated cost: $1,200,000-1,500,00 Approximate square footage: 13,000-15,000 s.f. Amenities: Gymnasium (2 basketball courts) Men's and Women's restrooms Teen lounge/ Game room Storage Room Building attendants counter Landscaping and Parking lot improvements Office space for the Recreation Supervisor & Coordinator Multi-purpose class room Dance and exercise room Locker-rooms/ showers Kitchen/snack-bar area Portions of this Category building may be phased (includes design/plans/construction & project management) 069 II. YOUTH/ COMMUNITY CENTER ANTICIPATED PROGRAM LEVELS AND OPERATIONAL COSTS Level #1- Recreation Coordinator: oversee building schedule, program coordination and supervision, directs building attendants, REC/Teen program. Building attendant: supervises teen lounge, checks out equipment, light custodial, opens and locks building. Contracted building maintenance: all janitorial maintenance would be contracted with a private service. Teen lounge: Primarily passive only, except after-school hours. REC program relocated from Jr. High School. No organized teen program or activities. Sports Program: all existing Recreation Division youth and adult basketball and volleyball programs would be relocated from AUSD facilities. Level #2- Recreation Coordinator: oversee building schedule, REC/Teen program coordination and supervision, directs building attendants. Recreation leaders: Assist with teen programming and activities. Building attendant: supervises teen lounge, checks out equipment, light custodial, opens and locks building. Contracted building maintenance: all janitorial maintenance would be contracted with a private service. Some increased costs due to increased programming. Teen lounize: Active programming. Scheduled Teen activities, dances, games and functions. Nominal fees charged for Teen activities. Sports Program: all existing Recreation Division youth and adult basketball and volleyball programs would be relocated from AUSD facilities. Youth and adult basketball and volleyball programs to be expanded. Private/Public- The Youth Center may be operated by a non-profit agency such as the Boys Partnership and Girls Club or the YMCA. The City may be able to negotiate a flat-rate annual subsidy for the maintenance and operation of the Youth Center. Specific times may be set aside to allow time for the existing City Recreation Youth and Adult Basketball and Volleyball programs. ANTICIPATED ANNUAL BUDGET Programming Level Level #I Level #2 Private/ Public -Building Category #I- $ 102,728 $ 122,348 Flat subsidy TBD Building Category #2- $ 126,428 $ 1431048 Flat subsidy TBD 070 Building Level #3- $ 146,528 $ 169,648 Flat subsidy TBD III. POTENTIAL FUNDING SOURCES FOR CONSTRUCTION POTENTIAL SOURCES AMOUNT 1. State Allocated funds $ 500,000 - Specifically dedicated funds from the State of California 2. Lakes Project Donation Pledge $ 250,000 - Pledged for parks and recreation facilities. Use of thee funds is at the discretion of the City Council. These funds will be donated upon the sale of each home in the project. 3. Charnly Const. Pledge of Services $ 20,000 (value) - Services pledged specifically for the Youth Center project. 4. Proposition 12 — Park bond funds $ 225,000 (estimated) - Available for use on new and rehabilitation parks projects. Staff recommends that a sizable portion of these funds be used for capital improvement needs for existing park facilities. 5. Parks and Recreation Impact Fees- $ 42,000 Available fund balance. This fund generates between $70,000 and$80,000 on average per year in impact fees. Approximately$48,500 per year is dedicated per year to the bond debt for the Pavilion. Staff recommends that a sizable portion of these funds be used for capital improvement needs for existing park facilities. 6. General Fund Reserves $2,000,000 (estimated) 7. Grants/ Community Funding Sources Unknown - Competitive grants and local funding sources may be sought to supplement the existing project funds. A community fund raising effort may also be initiated to secure additional funds. FUNDING OPTION #1 Start the process to build now. Use only the following currently dedicated or accessible funds: a. State Allocated funds $ 500,000 b. Lakes Project Donation Pledge $ 2509000 A loan from another City fund maybe secured and repaid by these pledged funds. C. Charnly Pledge of Services $ 20,000 (value) A portion of the project may be seperated and completed by Charnly Construction d. Proposition 12 —Park bond funds $ 1001000 Staff recommends that only$100,000 of the anticipate$225,000 be dedicated to the Youth Community Center Project. The remainder is recommended for other capital improvement needs for existing park facilities. 071 Total funds recommended the Youth/Community Center Project: $ 870,000 FUNDING OPTION #2 Start the process to build now. Use the funds described in Funding Option #I in addition to General Fund reserves and or future Parks and Recreation Impact fees to allow for a more expensive building to be designed and constructed. FUNDING OPTION #3 Determine anticipate level of building cost and continue to seek additional external funding sources to supplement the existing dedicated project funds. Wait to start the building process until all funds are available. C72 Youth/ Community Center Anticipated Annual Budget Category #2 Building/ Level #1 Programming VARIABLES #Coordinator 1 #hours/ Coor 1 #weeks/coordinator 1 Pay rate/Coord. 23148 #Recreation Leader 1 #hours/Rec Leader 60 #weeks/Rec Ldr 52 pay rate/Rec Ldr 6.25 EXPENDITURES Full Time Salaries $23,148 Recreation Program Coor.( 35hrs. x 52 wks x$9.32/hr)= 23148 Part Time Salaries $19,500 Recreation Leader- 1 Rec Idrs x 60 hrs/wk x$6.25/hr= 19500 PERS Retirement $3,303 Rec coordinator= Deferred Comp. $488 2.5%x part-time salaries wComp $940 3.88/ compensation x part-time salaries= $756.60 Rec coordinator= 183 Medicare $683 1.45%compensation x part-time salaries= $336 Rec Coordinator= $347 Health Benefits- Full-time Rec coor $4,415 Unemployment Insurance $52 Office Supplies $100 Communications $1,000 Utilities/water $1,000 Utilities/Electricity $15,000 Utilities/Gas $3,500 Tools and Equipment Replacement $500 Custodial supplies $1,500 Building repair supplies $1,000 Rec Supplies $3,000 Program supplies 1500 Balls/Equipment 1000 Misc. 500 Insurance Premium $0 Building Depreciation $41,700 Building Value- $1,250,000/ 30 year deprecation= 41700 Contracts $15,600 Landscape maint. 12 100 1200 Custodial maint. 12 1000 12000 Floor maint. 2400 +:.. Drop-in Bball fees 20 participants x$2.00 x 5days x 50wks $10,000 1fI 00 ii!isi<';? ` i »<iii`iY2iii:: ::>:::i:i:: z:>.:.. _............... TOTAL ANNUAL ESTIMATED OPERATING COSTS $126,428 ' 073 0 0 0 0 0 0 0 0 0 0 60 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p o 0 0 0 0 Ili o 0 0 0 o uQ o 0 0 O '•"� u) O O N O u) Cl) O O. LO 0 U) ap 6-j� vj� V> 6.). 64 (Al 613, 60�� 696469. 6460), 64 � � � � � � � � 60). 64696969 ca CL O O O 0 O O O O O O O O O O a o ui ui to uiCN C14 ui co 69 6fk 69 69 69 64 69 69 fA O O W ° o tt w a. :>A'< > 0 0 o 0 a v L Q ; 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 f.. �;.;: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L C 0 C C C C C (n o C 0 0 0 0 o u� o 0 0 C ca a ::: ui ui o Li ,r vi Lo ui ui (o vi ui C\i r o ui o N w o m Cl) r- o 0 CN to fy 64 f» 69 «� 69 f» 69 69 69 69 69 6C 69 ER f9 6 T f» f» F» Fi? E9 b9 6e K) f» (a 69 o _T W_ NO � 14 O OO O O Y OY O Y OY Y Y N N tZ 0- -Y(1) Q lL U ll IL U Q IL U U Y Y Y .Y a Y Y c Y C U (II Y -le O Y Y O Y Y O O (Q (o (u (a Y N m a) m a) LL ::''::' ::; N a) J N a) a) a) a) a) J J J J a) J J -o i Y J -a a) a) d a) `- >:::: ( ` UaIL U U a) U L a) a) U d (v m u, ur v -o a v o o c E a c ti N E E U E " E �' E E �' E E °� J o 0 o v E 0 L)) 0 o V) a) � o o o o o o o o (n (n n (n o ur 'a (n ur Y N (Q a7 f6 m N L (9 N L N (Q L L (6 Y m a) (II (01 m +m+ 7 Z a tLQaF- � UtL � U � a UUQaQQa aQcnincn U) C) O c 0 Q c aci c � U W _ n aa) N — — U C 00 Co X a C O +� :: o �_ m m a) ( a) W E m m a) `�° S m cCL Ca- a) aa) " ac' c n o — E a o a) rn o u°)) rn af)) m Q a) > m m rn o- zm o t Y E c c m o c = y a) c E c a) a) c E c a) a > O cn CU Z c CO o — c E o n o aci aa) o C c a) o E •c a � ami '� > C a > U a) u LL n CO O W o () a a) m L D - m o E o 3»: m U lY a v a)C) cr (n (m 06 in c E E a) a) `o m a o c a) U �- a v, a) c > cn .. o = o o o d (n U c »:;ti:: c o o c o E m LL. lV a E LL LL E C •N C m a) COm X .`- 'm = a) J J Y m a) ,, (Q O — — O to .� O) Q) m O a) •m c o m m o r° a) — Q W —_ H a) c c 3 a a) , c 5, g W a C L ..' L= CL C O +•' o r O fII Y C O i i N O ;' U C O — 7 3 a 2 m U) U) CoJ U cn w F- c Co Q (n d. a- (n U` U) a LL > LL Z a a a a a a a a m m cO m U U U U U (-) 0 U U U U U U U U U »>:>::." ::::: 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 C C C C C 0 C C C C 0 0 0 0 0 0 0 0 C) o 0 o 0 0 0 o Un N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C) N " V Vv O O N v O O 0 Un LO X 0 0 V O Oo 0 0 Un v O N V IN N N N moi' In a0 64 69 64 VA 64 69 EA 64 64 64 64 64 64 fH 64 64 64 64 69 64 64 64 69 69 64 64 64 69 64 ER 64 64 64 EA 64 fR C4 O CL O � O CL N 64 O O LO r- O O O O O G N O r r 403� 69 0 L O O O O O O O O O 0 O O O O O O O O O O O O O O O O O O O O O O O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O O UA O O O O O Un NCL CL 0 0 Ct 0 CL CL 0 CL CL CL CL CL CL CL 0 CL CL 0 0 0 C O 0 C V V O O - N M O In O O m O 0 In 0 0 7 0 0 0 0 0 M O N to U) Uf) O U In O O lA 1- (h IT .- UO Un r- N r- U7 N N C9 w64 6s 64 64 64 64 69 69 64 03� 64 ER 69 64 64 64 69 69 64 64 69 V) 69) 69 64 64 64 fR 6A 64 64 64 69 O U Y O Y O O O Y Y Y Y Y Y y Y Y ° l9 O Y CO y y O O O y Y m m m Y m 4 N d o N N N " - W W W i d u m m m m m 6v m N Y Y V) Y a) Uf N Ul a) Y Y Y a) O O O td y CL d CL Q- Q- C U Y a C Y d C Y a U U U d CL Y Y Y n- Y m Y Y t6 O Y Y Y N O f6 Y a) ], co Y a) m Y Y O O ° .Y Y N w t9 Y UII d. N a) a) -0 J a) -0 �- J -` a) 'o J a) a) 'a 'a a) N J J _I a) J U N a) a) a) a) "O a) i N N a) i a) a) a 'O 'O O N a) O i >' >' i �. UD U9 O f4 a O - UQ O - m m m - i 000 O w U U ca m U U U (D W a) U C7 O a) a U C7 U U d W W U U a) 0 " U >° "O C UQ UQ U6 m m C V1 lQ C d E m C -0 M UII N U) V) M to "O -0 "Q CU "O m •° E E ° E E E ° °� ° E a) v) v - E O) MU E E o ° T E E o MO MOE C2 .6_' N O O O O O Y N O - U � o y U) o O O O N N U) O V) O N (0 u- O O 6- f0 f0 7 L R t6 7 CU .� O N 7 y (9 (V L L L E 6 (9 (Q (E �a Q a �- F- a s cn U Q a co o Q a cn Q a a U U U a � Q Q Q 0 Qd- F ° O T o V) m m a O U co LO 7 O E a� U CO a) Q L m LL o) EC� a) _ c c Q o o cyv C O ° a o Y c N a' o C1 0 ° E cn m a L � o .Q Ca LU m m a) T U c a� (D L L E rn E 19 a O J C C V) U) O m c0 O _° l6 ° 'C C U v — –) (D N tUn (d LL O O C C f6 Q O L (�6 (6 U a)ca O E O O ° O) . "0 s 2 U6 O O N C O' T a) fD 0) 0) a' C -5 � V) J J C -O N T d 0 > iU m o ->1 -ILle n (5 (5 0 ° O a) 0 o) o) o J 70 O C C O O a) C (d a). f0 f0 fQ O- (Q (6 C r., ,� 0 w (6 U (0 Y Y °IL w N O O O O a) .� O •`:: 0- d IL O m Y a) a) j O L ca lII (�4 O J a) .� +- u, c = c d `O cv E E o - �' c — d d — rn c o o -0 -o ° �' a) W ,W a") 0 3 5 5 N w L m o cc n: a~ a Q) 0) a) N i 7 O (6 U6 (0 lD >� (0 7 O o U O "0 E a) n O O n O J D c � Z W F� N 2i 2 2 O > 2 O in � 2 Q N W Q U LL LL d cn0 U U U U U U U U U U U 0 0 0 0 0 0 W W w W w W W W W W W W W W W W i 75 666 0 0 p o 0 C o N O 0 0 0 o co ao M O N ON co C6 � fA fR 69 69 (t! fH CQ C- O O C to 0 O N N O O Ln N 64 N O O O O C O O n M cu CQ C 609. tR L N O CD O LOO cc a) U 00 O C Q V E O O m L 0 0 0 0 0 CD 0 0 0 0 0 � 00 0 0 0 U 0 0 0 O co V) N O Ln N M !- CO Q w 69 69 69 69 69 (A O T U Y ,C cu e i CL a) y L6 1 C f6 U IL d 7 r y U_ EU_ O U_ OL G O .n p > 2 7i E2 0 C M N F- N N ._. > U m O LL y CL c0 a CL w (O tL o O QI � C y y y _ y N i U — a) W a� ¢ o 'v E c a) ° ii > a) to L7 y 4 C U R C C1 U Q (N .= C O ` N W JR d N a ca > (D O O CL w O` o W E a) fa Q C (� E (C9 tT U) E O C Q N O Q C a U X O r U d U L C N .�-I N .>. Fn N LL O (0 n Q-UG N w N ULt- N N Cn 0 (n 2 w , 0 Z y Ql LL LL LL LL LL `p Q m U 0 W LL w ITEM NUMBER: C-3 k DATE: 08/22/2000 minim RIM ilia ® Y9 a Atascadero City Council City Manager's Office Information Bulletin A. 2000 State Improvement Program (STIP) The STIP is the program the State uses to distribute State and Federal funds to local jurisdictions for projects. In San Luis Obispo County the 2000 STIP fund estimate is $14.24 million. San Luis Obispo Council of Governments (SLOCOG) is responsible for distributing the funds. Staff has been working with SLOCOG and the community to put together Atascadero's project nominations. The project nominations are: 1. Atascadero Road ProfZram (Local Street and Roads Projects) These funds will be used for road maintenance projects on roads selected from the Circulation Plan Roads Priority List. Atascadero will receive $318,000 per the SLOCOG formula. 2. Curbaril Bridge (Enhancement Projects) This bridge will replace the existing CalTrans bridge that is slated to be removed in the near future. The bridge will be for pedestrians, bicycles, horses and emergency access. 3. Santa Cruz Road Extension (Highway & Major Regional Projects) This project will extend Santa Cruz Road from the end of Traffic Way, at Carrizo Road, to El Camino Real. 4. El Camino Real Scenic Beautification and Pedestrian Facilities (Enhancement Project) This project is for the construction of landscaped medians and pedestrian bulb outs at the intersections from Morro Road to Traffic Way. 5. El Camino Real Signal Interconnect and Signal Override Project (Intelligent Transportation Systems Projects) This project will interconnect the signals from Palomar to Traffic Way and provide signal overrides for the Fire Department. The 2000 STIP has a very short applications period due to State politics. Staff is currently working on the project descriptions, applications and cost estimates. The applications are due to SLOCOG on August 28, 2000. Final Project Study Reports and City Council approval of the projects are due to SLOCOG on September 29, 2000. Staff will bring the Project Study Reports and matching fund request to City Council on September 26, 2000. X77 ITEM NUMBER: C-3 DATE: 08/22/2000 B. Employee Update Roy Arnold Recreation Leader Hired 7/19/2000 Sandi Caswell Recreation Leader Hired 7/31/2000 Randall Ward Reserve Firefighter Hired 8/1/2000 Timothy Kennedy Reserve Firefighter Resigned 7/14/2000 Frances Lassley Relief Cashier-Zoo Resigned 8/1/2000 Anton Chism Seasonal Firefighter Resigned 6/14/2000 Jason Mahan Reserve Firefighter Resigned 6/1/2000 Angela Schmidt Office Asst. III Resigned 7/28/2000 0178 San- Luis. Obis o Council ,of Governmen$s p Regional Transportation Planning Agency assccaa Grover Beach Metropolitan Planning Organization Morro Bay Robles Census Data Affiliate Paso Beach • •Pismo Beach. San Luis Obispo Ronald L.Decarii:Executive Direct°� Service Authority for Freeways and Expressways San Luis Obispo county DATE: August 3, 2000 TO: SLOCOG Advisory Committee Members FROM: Ronald L. DeCarli, Executive Director , SUBJECT: Adopted Update for 2000 State Transportation Improvement Program (STIP) Funding The following tables list "target" funding amounts for use by member agencies for considering project submittals in the upcoming STIP cycle. The revised tables were approved by the SLOCOG Board on August 2, and reflect the most recent allocation approved by the California Transportation Commission (CTC) at its August meeting. The amount of funding allocated to the San Luis Obispo region has been increased from $9.456 to $14.244 million. .The following table shows a "pro rata" increase for each category based on the percentages previously adopted by the SLOCOG Board in March. STIP Funding_Categories CATEGORYOLD TARGET NEW TARGET Highways & Major Regional Projects 65% $6.2 million $9.2 million Local Streets & Roads Projects 22% $2.0 million $3.0 million Enhancement Projects (Transp. Only) 10% $950 k $1.4 million ITS, Innovative &Transit Projects 2.7%- $300 k $450 k Passenger Rail Project Match 1 1% 1 $100 k $150 k Note:-As authorized by SB 45 (1998) $71,000 (1/2 % of the total) has been allocated to SLOCOG for STIP planning and administration. The following table identifies the updated amount of funding (rounded up to the nearest $1,000) to be allocated directly to each jurisdiction for local street and road rehabilitation projects, or for major State Highway or Regional Projects. Local Street and Road Funding JURISDICTION % SHARE OLD AMOUNT NEW AMOUNT City of Arroyo Grande 8% $166,000 $249,004 City of Atascadero 11% $212,000 $318,000 City of Grover Beach 8% $156,000 $233,000 City of Morro Ba 7% $149,000 $224,000 City of Paso Robles 10% $192,000 $288,000 City of Pismo Beach 7% $141,000 $2139000 City of San Luis Obi's o 12% $242,000 $363,000 Coun of san Luis Obispo 37% $741,000 $1,113,000 TOTAL- 100% $2 MILLION $3 MILLION A comprehensive application package has been previously distributed to applicable m^nber agency staff. Applications and Draft Project Study Reports (PSR's) are due to SLOCOG staff on August 28th. Final SLOCOG action is scheduled on October 4`h. Any questions or comments should be referred to SLOCOG staff at 781-4219. 1150 Osos Street,Ste.202, San Luis Obispo, CA 93401 ♦ Tel. (805)781-4219♦ Fax. (805).781-5703 E-mail. slocoo@slonet.ore♦ Internet. htta:Hwww.sionet.ore/—inslocoQ SLOCOG 2000 RTIP Funding Program, At the March SLOCOG meeting, several RTIP programming strategies were reviewed and approved b the Board. Strategies varied slightly depending upon Low or High funding estimate levels. The Love estimate largely coincides with current funding available to our region($9.45M target) under the 2000 RTIP. Project applications shall have the jurisdiction's governing board endorsement and commitment for the required local match prior to September 29, 2000. 1 Major Highway Projects and Projects of Regional Significance - Eligible projects must have a completed PSR (Project Study Report) or equivalent. STIP applications (project fact and financial sheets) must be submitted. Projects intended to provide congestion relief by adding system capacity may include new roadways or improvements to existing roadways. Projects are limited to federal aid roads (collectors and above) A local match is required for major projects based on regional significance and available funding. Funding Considerations: Ratings will be based upon the following factors: 1: How well a project addresses a safety/security problem 2. Demonstrated need for project 3. How project addresses a multimodal need 4. How project mitigates a congestion/air quality problem 5. Cost effectiveness of the project 6. Local funding contribution (commitment prior to 9/29/00) 7. Total funding available; 8. Regional Significance Funding Target: $6,200,000 2. Enhancement Projects — (Transportation Only) - All previously programmed Transportati� 1 � p Y Enhancement Projects from "Cycle 2" (Dec 1999 - identified as "underfunded") will qualify for funding. New projects are limited to 1) facilities for pedestrians and bicycles; 2) landscaping or scenic beautification; or, 3) aid in the prevention of water pollution due to highway runoff. All other transportation enhancement categories (e.g. acquisition of open space, scenic easements, historic sites, historic preservation) are not allowed for consideration as part of the enhancement augmentation programming with these funds. Projects must have an estimated construction cost of not less than $100,000 and a funding cap of no more than $300,000. Allocations may also be provided to those jurisdictions that did not receive TE funds in Dec. '99. Funding Recommendation: Ratings wiil be based upon the following factors 1) Total amount of funding available; 2) Rating score (using adopted TE Rating Criteria); Benefit to Quality-of-Life, Community, Environment Increases Access to Activity Centers Implements Goals in the RTP or Other Plans Increases Availability, Awareness or Protection of Historic, Community, Visual or Natural Resources Degree of Regional or Community Support Encompasses More Than One of the following Activity Specific Divisions Bicycle, Pedestrian,Abandoned Rail Right of Way Division Transportation Aesthetics&Scenic Values Division Water Pollution Due to Highway Runoff Division 3) Local match commitment prior to 9/29/00 Funding Target: $950,000 , 080 3. Local Street & Road Rehabilitation. - Projects are limited to rehabilitation or reconstrurtion of federal aid roads (collectors and above). The allocation scenario is based upon a prorated snare established in 1998 that used a base amount, 50% population and 50% road miles formula. Allocations may also be used as a match for a "majorproject" or used for an Enhancement Project as defined in Section 2. Funding Target: $2,000,000 Distribution Recommendation Based on Nov. 1998 STIP Augmentation Funding Methodology % Rd. o Pro Rata Share Target Jurisdiction Mi. /o Pop. 98 STIP Allocation " Arroyo Grande 3.75% 6.61% $ 1,148,000 8% $ 165,980 Atascadero 8.76% 10.59% $ 1,466,000 11% 4 9 i i.95L �— Grover Beach 3.13% 5.23% $ 1,076,000 8% $ 155,570 Morro Bay 3.00% 4.12% $ 1,032,000 7% $ 149,208 Paso Robles 6.25% 9.23% $ 1,328,000 10% $ 192,005 Pismo Beach 2.06% 3.50% $ 977,000 7% $ 141,256 San Luis Obispo 7.38% 17.85% $ 1,675,000 12% $ 242,175 SLO County 65.67% 42.88% $ 5,131,000 37% $ 741,849 100% 100% $13,833,000 100% $2,000,000 4 Transit, Innovative & Hiph Technology- Eligible innovative or high tech projects will provide a regional benefit as either a pilot project or a stand-alone project. Eligible "high tech" projects must be consistent with the approved Strategic ITS Plan. These projects could include advanced lighted crosswalks, emergency vehicle signal over ride, signal synchronization on Routes of Regional Significance, and Advanced Traveler Information Systems or other innovative projects. Transit projects (i.e. vehicle replacement) shall meet all Federal Transit Administration criteria for replacement at the time of programming. Van replacements shall not exceed $40,000 each. Funding Target: $ 300,000 5 Interregional Transportation Improvement Program (ITIS - Leverage Caltrans funding for highway and rail funding opportunities Staff will evaluate proposed ITIP projects for potential local match opportunities that may"leverage" state funding for projects benefiting the region. These may include major highway projects, safety projects or rail projects. An example is the potential to fund @ $100,000 toward a $1,000,000 rail siding project that will allow improved passenger rail service to the region. The SLOCOG schedule for the 2000 STIP Funding Cycle is shown below. Deadline for RTIP Candidate forms& Draft PSRs submitted to SLOCOG August 28, 2000 Review/Ranking Aug 28-Sept 13th, Agenda Distribution September 15th TTAC/CTAC Review September 20th Draft RTIP Submittal to CTC September 29th (Note: Final PSRs and governing board authorization also due prior to 9/29) Adoption/Modification by SLOCOG October 4,X00 8000/8100/2000 STIP/Revised 2000 RTIP guides-SLOCOG.doc 081 ITEM NUMBER: D- 1 DATE: 08/22/2000 �e'ff1'A Y ■ I 1918 5 9 Atascadero City Council City Attorney Report Proposed Amendments To Contract With Charter Cable RECOMMENDATION: Council authorize the Mayor and the City Manager to execute a contract amendment with Charter Cable relieving them of any obligation to place aboveground cable in specified areas (3f Meadows) and further amending the contract to provide an additional extension of five years in exchange for replacing coaxial cable with fiber optic cable. DISCUSSION: Background: This discussion must start out with the statement that although we refer to the contract with Charter Cable as a franchise it is not a true franchise as most people would understand that term. Federal law does allow us to enter into agreements with cable companies. We still commonly refer to those agreements as "franchise" agreements. However, the federal government has essentially removed from cities the ability to regulate cable companies. Atascadero is not granting an exclusive franchise to Charter. Any other cable company that wants to come in to Atascadero and compete with Charter will be able to legally do so. Atascadero can charge a fee for the use of and damage to roads, but although we commonly refer to this as a franchise, it is more like a trespass fee than a franchise. Additionally there are severe limitations on the ability of a municipality to deny extensions of these so called franchise agreements. The trend of legislation from the federal level is highly in favor of the telecommunications companies and continues to restrict the ability of Atascadero to deal with these issues. This matter comes before this council for two reasons. First, during negotiations over the extension of the franchise agreement, Charter Cable suggested that they would be willing to upgrade the services to the citizens of Atascadero if the City were to grant an additional five year extension on the franchise. Since the ability to remove a franchise is extremely limited, this opportunity to improve the services to the citizens appears to be of great benefit. Replacing the coaxial cable with fiber optic cable produces many benefits including better reception, increased channel capacity and internet connection capacity. Second, the council will remember recently that Charter Cable installed fiber optic cable in the 3f Meadows area where cable service had not existed previously. The current contract did not require that cable be installed there. The contract only "requires" that cable be installed when the specified minimum number of residences per mile is reached. Charter apparently felt they would be providing a service where none was 082 ITEM NUMBER: D- 1 DATE: 08/22/2000 required. Since they have a legal right to place cable on all of the utility poles (a right granted by Congress over which this City has no control) they did not seek nor obtain permission of City officials before making the installation. The fiber optic cable is thicker than coaxial cable. Many residents of the area complained about the affect the above ground installation had on their view. Citizens in the neighborhood circulated a petition and a meeting was called by the neighborhood at the Martin Polin room at the public library. City planning and administrative staff were busy holding the public workshops on the general plan amendment, so the City Attorney attended the meeting to receive information and report back to Council and Staff. At that meeting Charter Cable agreed with the residents present that they would remove the newly installed fiber optic cable if the residents would support a change to the franchise agreement removing from it the requirement that cable be placed when the threshold number of residences is reached. Charter Cable has, apparently, removed the cable and staff is informed that the residents still support a change in the franchise language that would relieve Charter of the obligation to place fiber optic cable in the affected area. Since that date the City Attorney has worked with Charter and a representative of the citizens to draft language that serves this purpose. Attached is language that Charter has agreed to and a map that will serve as an exhibit to that amendment that was developed in concert with the citizen representative. Charter and the citizen have been given copies of the map ahead of publication of this staff report. If there are additional changes or comments from either, they will be included as part of the oral presentation. The affect of the proposed change is to prevent Charter from having to replace the fiber optic cable they have already removed. There is no prohibition from them placing cable underground, but neither may we require them to do so. There is the factual possibility that this change will mean that cable service will not be available in the described area for the foreseeable future. The amendment will not legally affect any other area of the City. Charter Cable and the City staff will work in the future to communicate with any other neighborhoods that Charter contemplates adding service. Federal law does not require that Charter engage in such communication, but they have assured staff that it will occur. FISCAL IMPACT: Staff has not identified any fiscal impact from this proposal. There is some impact from lost revenues that might have been earned had the service been added, but this is not possible to quantify. ALTERNATIVES: The City, as such, was not a party to the agreement reached between the citizens and Charter. The City Council is not required to enter into either of the proposed changes. This is not recommended. The benefits of the fiber optic for those neighborhoods that want that improve service is well worth the additional five years. Staff is not aware of any reason to refuse to Charter the benefit they requested from the citizens for removing the cable. Staff has not received any requests to have the fiber optic cable reinstalled above ground in the 3f Meadows neighborhood. ATTACHMENTS: Proposed Map G 8 3 _ ZL z \\l�� \ ��G'r< ,\��\�� \J�\\ \ ��'`\:�'•`moi "��yl`\� / � \� _ `�` -cn� \ \ / IT VY n0� Rb � '> tf� I oty 0cY s avW Nv Bgao CO p // O h �bo o 04 Qr INV G��'P v :%� 034 ITEM NUMBER: D-2 DATE: 08/22/2000 mINA ®i® 1979 1918 � 1976 Atascadero City Council City Attorney Report Legal Environment for Newsrack Regulation RECOMMENDATION: This matter is not brought forth upon a staff recommendation. The only action requested at this time is for the City Council to give the City Attorney direction on whether or not to draft any changes to the existing ordinance in Atascadero. DISCUSSION: Background: Prior to the last City Council meeting the City Attorney received one telephone complaint about the location of newsracks on El Camino Real. There were two other similar calls to the Administration Office at City Hall. There were also a number of calls to the City Council on the issue. At the City Council meeting on July 25, there was a brief discussion of the issue during council comment and staff was directed to examine the legal environment for establishing newsrack ordinances. Issues: The complaints that were received fell into two categories. Some people were concerned about location of newsracks in locations adjacent to residential neighborhoods and or uses. Other people expressed a concern over the proliferation of newsracks. There were more than there were before. Legal Discussion: Attached to this staff report is a copy of the newsrack ordinance adopted by the City of Paso Robles. The environment for newsrack legislation is similar to adult business ordinances. In theory, a city is allowed to have non-content based regulations that are time, place and manner related, and only if those regulations do not unreasonably restrict First Amendment activities. Paso Robles has chosen a method of regulation that requires dispersal as opposed to concentration of newsracks. They have required the use of specified types of racks on public rights of way. They do not purport to restrict racks on private property. In order to deal with competition for locations created by a dispersal ordinance, Paso Robles has instituted a lottery program for locations. It is the lottery program that may be driving the litigation broughQy the Tribune against the City of Paso Robles. The Tribune obtained a temporary restraining order against enforcement of the ordinance. A hearing on a preliminary injunction is set for August 22, the same day as this City Council meeting. A preliminary injunction is just that, preliminary. If E1 J ITEM NUMBER: D-2 DATE: 08/22/2000 the preliminary injunction is granted, it is not a permanent order or ruling. It will just prevent enforcement of the ordinance pending a full trial on the merits. A full trial will most likely not be scheduled for a few months. If the judge denies the preliminary injunction, the City of Paso Robles is free to enforce the ordinance, but the Tribune will have the right to have a full trial and obtain relief against the ordinance at that point in time. We are a long way away from knowing what the court ruling on this issue will be. We do know some things. The only case I found dealing with an ordinance prohibiting newsracks in residential neighborhoods ruled that cities cannot place such restrictions. Public roadways are considered to be a traditional public forum. As such the courts have consistently ruled that public rights of way in residential neighborhoods are subject to first amendment activity. For instance, cities have been able to place small restrictions prohibiting blockades against the residences of abortion doctors, and have been able to enforce rules that the picketers in such circumstances stay a minimum distance from the residences involved. Cities that have tried to prohibit First Amendment activity in residential neighborhoods altogether have not had much success. The City Attorney for Paso Robles was of the opinion that prohibiting racks in residential neighborhoods would be unconstitutional. I agree with that assessment. This City would be free to have restrictions on the type of newsracks and reasonable limitations on location of newsracks if it chose to do so. This is a policy decision for the Council to make. The City will not be able to apply one standard to traditional newspapers and one standard to the more purely commercial distributions. Report on Activities of Staff. In addition to researching the legal issues involved, staff has done the following things. The City Attorney made a cursory trip through town to view various sites where newsracks are placed. While this review was not thorough by any sense of the word, none of the locations revealed any newsracks that were placed in a hazardous manner. All of the locations placed the racks outside of the normally traveled portion of the public sidewalk and most were located adjacent to other obstructions such as telephone polls, etc. None of the newsracks appeared to be placed in a manner that would obstruct ingress and egress. The two main concerns remained location near residential uses and the fact that there are now more newsracks placed in the City than there used to be. Staff also conducted a meeting involving the two local newspapers, the City Attorney, the City Manager, and planning staff. Other representatives of the community and other newspapers were invited but were unable to attend. Since the City Council had not directed that such a meeting take place nor formed an official committee,staff felt compelled to hold the meeting even after the original community members informed that they could not attend. Some things did develop from the meeting. Staff did relate the concerns to the newspapers and staff was informed that there had been a few complaints to the newspapers themselves. All of the complaints reported by the paper had been dealt with by moving the rack to a more acceptable location. Both of the newspapers reported that although they do place racks along El Camino Real and along Morro Road they have by choice not placed racks in locations that are more literally residential as opposed to mixed use. The papers also indicated that they are willing to continue to address concerns as calls come in from adjacent property owners or apartment managers about particular locations. 086 ITEM NUMBER: D-2 DATE: 08/22/2000 FISCAL IMPACT: - There have been no fiscal impacts identified on this issue. ALTERNATIVES: The Council may choose not to further address the problem by way of legislation, but instead to direct staff to continue to work with papers and community to address particular concerns if and as they develop. If the Council chooses to address the issue by way of legislation, staff requires some direction on whether the concentration or the dispersal approach is the appropriate one for Atascadero. ATTACHMENTS: Paso Robles Ordinance 0 3 7 Chapter'11.35 NEWSRACKS http://ordlink.com/codes/pasorobles/_DA...LEI I/Chapter 11_35 NEWSRACKS/index.html Title 11 STREETS AND SIDEWALKS' Chapter 11.35 NEWSRACKS 11.35.010 Intent and purpose. 11.35.020 Definitions. 11.35.030 Permit required. 11.35.040 Design and maintenance of newsracks. 11.35.050 Placement of newsracks. 11.35.060 Display of certain matter prohibited. 11.35.070 Violations of chapter--Notice to correct. 11.35.080 Abandonment and voluntary removal. 11.35.090 Impounding of newsracks. 11.35.100 Hearing and appeal. 11.35.110 Effective date and existing newsracks. 11.35.120 Severability. 5Z/'/On d•5')PN: 11.3 5.010 Intent and purpose. http://ordlink.com/codes/pasorobles/_DA...ACKS/11_35_010_Intent and_purpose_.htm'. Title 11 STREETS AND SIDEWALKS* Chapter 11.35 NEWSRACKS 11.35.010 Intent and purpose. The city council finds and declares that it is necessary to establish a comprehensive set of regulations applicable to newsracks within the public right-of-way and on other public property to accomplish the following important public purposes. A. Improve Public Safety. Since newsracks are usually located within the public right-of-way, they pose a potential hazard to pedestrians and other users of public sidewalks. If they are located too close to driveways or intersections, they can block the view of oncoming traffic. If they are located too close to the curb, they can unreasonably hinder ingress and egress from parked vehicles. If located too close to fire hydrants, mailboxes, traffic control devices, public bus benches and other public conveniences, they can unreasonably hinder access to and use of those facilities. B. Protect the Appearance of EI Paso de Robles. The general plan for the City of EI Paso de Robles contains policies and programs that call for protection and preservation of aesthetic resources and for revitalization of the historic downtown (the area generally bounded by 9th Street, 16th Street, Vine Street and the Union Pacific Railroad). The city council finds that the number, size, construction, placement and appearance of newsracks can have a significantly adverse visual impact on the city, particularly in the historic downtown and other aesthetically sensitive areas, further, the city council finds that the City Park is the centerpiece of the historic downtown and declares that no newsracks shall be placed within City Park or within the park side of public rights-of-way bordering City Park. C. Promote and Enhance the Economic Vitality of the Community. It is necessary to avoid any undue interference with commerce and business which may be posed by newsracks located too close to retail shop windows or entrances to commercial property, or located in such a way as to interfere with views from private property. D. Protect Minors. It is necessary to protect minors from viewing harmful matter that may be located in the city's public right-of-way, sidewalks or other public property. E. Reduce Exposure of the City. It is necessary to reduce the city's exposure to personal injury or property damage claims and litigation related to the placement of newsracks. F. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, safety, morals and general welfare of persons in the city in their use of public rights-of-way and other public property. G. It is not the intent of this chapter to in any way discriminate against, regulate or interfere with the publication, circulation, distribution or dissemination of a material protected by the First Amendment on the basis of the content of that material. (Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999) VOJ �, onion A.c')DN 11.35.020 Definitions. http://ordlink.com/codes/pasorobles/­DA...5—NEWSRACKS/I 1-35-020—Definitions—.html Title 11 STREETS AND SIDEWALKS* Chapter 11.35 NEWSRACKS 11.35.020 Definitions. A. "Blinder racks" shall mean any opaque sheets or covers placed in front of the newsrack or the publications contained therein to prevent exposure of all or a part of the publication to public view. B. "Block face" means the combined frontage of all properties on one side of a street, between two intersecting streets and shall not include any portion of the rights-of-way of intersecting streets. C. "Director" means the director of public works and his or her designated representative. D. "Distributor" means the person, firm or corporation responsible for placing, operating and maintaining a newsrack in a public right-of-way. Distributors shall include owners or persons entitled to possession of newsracks and their designated representatives. E. "Harmful" material means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political or scientific value for minors. F. "Modular unit" means any type of unmanned device that contains two or more newsracks in a single container. G. "Newsrack" means any type of unmanned device placed upon any public right-of-way, public, or private land for the vending of, or the free distribution of, newspapers or news periodicals, advertising fliers, or other written or printed publications. The term "newsrack" shall only apply to such devices that offer a single publication for sale or distribution. H. "Parkway" means that portion of a street outside of the roadway, but not including the sidewalk. I. "Public right-of-way" and "public land" mean any building, park, property, street, highway, sidewalk, surface easement, plaza, walkway, parkway or alley which is owned or held (whether in fee, easement, leasehold or other interest) by the City of EI Paso de Robles. J. "Roadway" means that portion of the street improved, designed or ordinarily used for vehicular travel. K. "Sidewalk" means any surface provided for the exclusive use of pedestrians. (Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999) U 3 0 Ri,Aron 11-5?p\ I 1.35.030 Permit required. http://ordlink.com/codes/pasorobles/_DA...WSRACKS/11_35_030_Permit_required .htmi Title 11 STREETS AND SIDEWALKS" Chapter 11.35 NEWSRACKS 11.35.030 Permit required. A. It shall be unlawful for any person, firm or corporation to place, maintain or operate on any public right-of-way or public land, any newsrack without first having obtained an annual permit for each newsrack it places, maintains or operates from the director under the procedures set forth in this chapter. B. Each permit shall be valid until the thirtieth day of June each year and may then be renewed for a period of one year unless sooner terminated as provided for in this chapter. C. A written application for a newsrack permit shall be filed with the director on the city's form and shall include at least the following information: 1. The name, address and telephone number of the distributor, and if the distributor is a subsidiary, the name, address and telephone number of the parent company. 2. The name, address and telephone number of the distributor's representative or other responsible person whom the city may notify or contact at any time concerning the distributor's newsrack(s). 3. A written description of the location of each newsrack to be placed, maintained and/or operated. 4. A clear and legible drawing of the location of each newsrack. This drawing shall include the newsrack, sidewalk, streets, and other adjacent improvements, which shall include: (1) the nearest buildings and driveways; (2) the nearest bus stops, benches, street trees, and fire hydrants; and (3) each existing newsrack (including the name of the newsrack material contained therein and the type or brand of newsrack)within one hundred feet of the proposed location. The drawing shall show distances between the newsrack and the other features required to be shown. 5. Names of newspapers or other written material to be contained in each newsrack. 6. Type or brand of newsrack, including a photograph or scaled drawing of the newsrack and mount. 7. A written statement whereby the distributor agrees to indemnify, defend and hold harmless the city, its officers, officials and employees, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the placement, maintenance, operation, or removal of the newsrack in the city. D. Fee. Each application for a newsrack(s) shall be accompanied by a nonrefundable processing fee, in an amount set by resolution of the city council from time to time, which shall nor exceed the actual cost of investigating the facts contained in the application and processing of the application. E. Insurance. Each distributor filing an application for a newsrack permit shall provide the city with a certificate of insurance showing.that the distributor has then in force comprehensive general liability and property damage insurance, endorsing the city as an additional insured, in an amount not less than one million dollars. This policy shall be subject to approval by the city attorney for completeness. The distributor shall provide and keep in force that policy of comprehensive general liability and property damage insurance during such time as it continues to locate any newsrack under the terms of this chapter. The evidence of insurance filed with the city shall include a statement by the insurance carrier that thirty days unconditional notice will be given to the city before any cancellation. F. Conditions for Permit. 1. In issuing a permit for a particular site, the director shall be guided solely by the standards and criteria set forth in this chapter. In any case where director disapproves of a particular site, such disapproval shall be v: )out prejudice to the applicant who may designate a different location or locations and resubmit an application. L, R/1/00 4.53 P 11.35.030 Permit required. http://ordlink.com/codes/pasorobles/­DA...WSRACKS/1 1-35-030—Permit—required—.html 2. Permits shall be issued for the placement of a newsrack or newsracks only after city inspection of a proposed site, or sites, and the placement, maintenance or operation thereof shall be conditioned upon compliance with the provisions of this chapter. - 0 3. Permits shall be issued within ten working days after the following have occurred: (1) an application has been deemed complete; and (2)the director made a finding that the application complies with all of the provisions of this chapter. 4. If an application or a proposed site is denied at any stage of the process, the director shall promptly notify the applicant in writing of the specific reason for such denial and the right of a bearing in accordance with Section 11.35.100. 5. The distributor shall have an ongoing duty to provide the city with current information in order to allow the director to contact the distributor and any representative or other responsible person during the term of the permit. Any failure by the distributor to provide the city with the current information set forth in subsections C(1) and (2) of this section, shall constitute grounds for termination of the permit. Upon termination of any permit because of such failure to provide the city with current contact information, all newsracks covered by the permit shall be deemed abandoned and may be impounded in accordance with Section 11.35.090. 6. Once a permit has been issued, the location of a newsrack may not be changed without the distributor first obtaining a new newsrack permit. Any newsrack that is relocated without a new permit may be impounded in accordance with Section 11.35.090. 7. Permit Sticker. Upon permit approval or renewal, the director shall issue the distributor a sticker or stickers evidencing the permit or renewal, which sticker shall be affixed to each newsrack, in the manner specified by the director, within ten working days of permit or renewal approval. (Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999) 22 R/3/00 4:53 P� 11.35.040 Design and maintenance of newsracks. http://ordlink.com/codes/pasorobles/ DA...CKS/I 1_35_040_Design_and_maintenan.btml Title 11 STREETS AND SIDEWALKS* Chapter 11.35 NEWSRACKS 11.35.040 Design and maintenance of newsracks. A. Newsrack Design. 1. All newsracks shall be constructed of metal and be one of the following models, or their equivalent, as determined by the director: a. National Newsvend Model M-15 or M-1 5P, b. K-Jack Model K-J-100; c. Sho-Rack Concourse, TK-80 or TK-84, 80 Honor, and HT-94 Models. 2. All opaque surfaces of a newsrack and the mounts shall be a forest green color. Samples of the color shall be submitted to the director with applications for permits. 3. No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper, periodical or other printed materials dispensed therefrom. 4. Each newsrack from which newspapers, periodicals or other printed materials are sold shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order. 5. Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this division. B. Maintenance. 1. Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Each newsrack shall be serviced and maintained so that it is reasonably free of: a. General dirt and grease. b. Chipped, faded, peeling and cracked paint, and graffiti on all visible painted areas. c. Rust and corrosion on all visible unpainted metal areas. d. Cracks, dents, blemishes and discoloration in the clear plastic or glass parts, if any, through which the publications are viewed. e. Tears, peeling or fading in the paper or cardboard parts and inserts. f. Broken or unduly misshapen structural parts. 2. Newsracks that are damaged or defective shall be replaced or repaired as soon as practical. When a newsrack is replaced, the distributor shall notify the director, who shall issue a replacement permit sticker. 3. When the use of a newsrack is permanently discontinued, it shall be removed and the location restored to its previous condition. A newsrack that is left empty for thirty consecutive days shall be presumed to be abandoned. (Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999) 093 11.35.050 Placement of newsracks. http://ordlink.com/codes/pasorobles/_DA.,.CKS/11_35_050_Placement_of newsrac.html Title 11 STREETS AND SIDEWALKS* Chapter 11.35 NEWSRACKS 0 11.35.050 Placement of newsracks. A. Newsracks shall be attached to or removed from the sidewalk or other improvement in accordance with specifications provided by the director. B. On any block face, no more than one newsrack may be placed for every one hundred linear feet of the block face. Newsracks may be placed or joined together. Where newsracks are not placed or joined together, a space of not less than four feet shall separate newsracks to allow for pedestrian and disabled access. C. Newsracks shall be placed parallel to the curb or to the wall of a building. Newsracks placed near the curb shall be placed no less than eighteen inches nor more than twenty-four inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to the wall and not less than six inches nor more than eighteen inches from the wall. D. Newsracks shall not be chained, bolted or otherwise attached to public property, or to any shrub, tree, tree stake, or other plant, street furniture, utility pole, street or traffic sign, mailbox, nor situated upon any landscaped area, unless approved by the director. E. No newsrack shall be placed: 1. In such a manner that it projects onto, into or over any part of the roadway of any public street, or rest, wholly or in part on a sidewalk vault, meter cover, manhole or access cover. 2. In such a manner that it rests upon, in or over any public sidewalk or parkway, when such placement endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic including any legally marked or stopped vehicle, the ingress into or egress from any residence or place of business or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the location. 3. In such a manner that it rests within twenty-five feet of the extension of the near curb line of an intersecting street, as shown on Figure 11.35.050. 4. Within five feet of any fire hydrant, fire call box, police call box or other emergency facility; 5. Within five feet of any driveway, traffic signal controller or utility pole; 6. Within five feet in front of or twenty-five feet behind any sign marking a designated bus stop; 7. Within five feet of any bus bench; 8. At any location which creates less than a four foot wide path of travel as required by Title 24 of California Code of Regulations and the Americans with Disabilities Act; 9. On any access ramp or curb cut for disabled persons; 10. At any location where the newsrack impairs or interferes with visibility of or for pedestrians or drivers or causes a traffic hazard; 11. On or within three feet of any display window of any building abutting the sidewalk or parkway in such a manner as to impede or interfere with the reasonable use of such window for display purposes; 12. Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping, art or monument; 69- 4 R/1/00 4.59 Pix 1.35.050 Placement of newsracks. http://ordlink.com/codes/pasorobles/ DA...CKS/1 1_35_050_Placement_of_newsrac.html 13. Within one hundred feet of any other newsrack on the same block face containing the same issue or edition of the same publication; 14. Facing another newsrack across the width of a public sidewalk or pedestrian way. 15. No newsracks shall be placed within City Park (the block bordered by Spring, Pine, 11th and 12th Streets) or within the park side of public rights-of-way bordering City Park, or within or adjacent to any other city park facility. Notwithstanding the requirement to maintain clear passage for pedestrians and the disabled to less than four feet (forty-eight inches), the director of public works may allow for minor exceptions, not exceeding ten percent of any of the foregoing distance standards, where a combination of physical factors unique to a particular location dictates that strict adherence to the foregoing distance standards is not practical, and providing that it is clear that any such exception will not adversely affect the public health and safety. Figure 11.35.050 T � Sidcwalk Properly E.ioc NEE ncwsmcks =Y be pls,xd in shaded arca curb Pxgaty)"LTX Sidewa4k (Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999) Rizinn a•SQ r 11.15.060 Display of certain matter prohibited. http:i,ordlink.com/codes/pasorobles/_DA...CKS/11_35_060_Display_of certain_m.html Title 11 STREETS AND SIDEWALKS* Chapter 11.35 NEWSRACKS 11.35.060 Display of certain matter prohibited. Material which is harmful to minors, as defined in Part 1, Title 9, Chapter 7.6 of the California Penal Code (commencing at Section 313), shall not be displayed in a public place other than a public place where minors are excluded, unless blinder racks are placed in front of the material in such a manner that the lower two-thirds of the material is not exposed to public view. Newsracks containing material which is harmful to minors shall not be placed or maintained within one thousand feet of any public or private educational facilities or religious institutions. (Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999) G 96 R/:/W)11.54 P 11.35.070 Violations of chapter--Notice to correct. http://ordlink.com/codes/pasorobles/­DA...CKS/11-35-070—Violations of chapte.html Title 11 STREETS AND SIDEWALKS* Chapter 11.35 NEWSRACKS 11.35.070 Violations of chapter--Notice to correct. A. Any violation of the provisions of this chapter is a violation of the Municipal Code of the City of EI Paso de Robles and shall be subject to the provisions of Section 1.02.010 of this code. B. Whenever the director has determined that a newsrack has been placed, maintained and/or operated in violation of the provisions of this chapter, a notice to correct shall be issued which shall specify the manner in which this chapter is violated and request compliance. Such notice shall state the nature of the violation, the intention to impound the newsrack if the violation shall not be corrected or if a hearing is not requested, and the procedure for requesting such a hearing. C. The director shall telephone the distributor or other responsible party designated to receive such notice to correct, and shall confirm such notification by mailing a copy of the notice to correct by first class mail. D. Failure to properly correct the violation or to file a request for a hearing, as provided in Section 11.35.100, within ten calendar days after the mailing date of the notice to correct shall result in the offending newsrack being summarily removed and impounded pursuant to Section 11.35.090. E. If distributor fails to provide the city with current information as defined under the provisions of Section 11.35.030(G)(5), its newsracks may be summarily removed and impounded pursuant to Section 11.35.090. F. Notwithstanding the above, in the case of any violation of this chapter which creates an immediate danger to the public health, safety or welfare, which violation cannot be corrected by moving or otherwise repositioning an unanchored newsrack, the newsrack may be summarily removed and impounded by the city. (Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999) G97 —inn -Zn n r 11.35.080 Abandonment and voluntary removal. http://ordlink.com/codes/pasorobles/_DA...CKS/11_35_080_Abandonment and_volu.html Title 11 STREETS AND SIDEWALKS* Chapter 11.35 NEWSRACKS 11.35.080 Abandonment and voluntary removal. A. Abandonment. In the event any newsrack remains empty for a period of thirty continuous calendar days, the newsrack shall be considered abandoned, and may be treated in the manner of Section 11.35.070 for newsracks in violation of the provisions of this chapter. B. Voluntary removal. In the event a distributor desires to voluntarily remove a newsrack, such distributor shall notify the director in writing of the date of the proposed removal. Upon removal of a newsrack, the distributor, at his or her sole expense, shall restore the sidewalk, or public property and any improvements thereon, to a good and safe condition, leaving no hole or projection in the sidewalk and using the same type and quality of construction material as that which exists at the surface of the abutting sidewalk. If removal of a newsrack causes any damage to city property, the distributor or other responsible party shall be liable for all costs incurred by the city to repair the damage. If those repairs are not made in a timely manner, the city may undertake that repair work and collect from the distributor the costs thereof, including reasonable attorneys fees and related costs of collection. (Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999) G9� Ri;mn a•4;4 F 11.35.090 Impounding of newsracks. http://ordlink.com/codes/pasorobles/_DA...CKS/I 1_35_090_Impounding_of newsra html Title 11 STREETS AND SIDEWALKS* Chapter 11.35 NEWSRACKS 11.35.090 Impounding of newsracks. A. As provided for in Sections 11.35.070 and 11.35.080, newsracks may be impounded by the city if they are found to be placed, maintained or operated in violation of the provisions of this chapter or abandoned. B. Whenever a newsrack is impounded, the director shall immediately send a notice of impoundment to the distributor. Such notice shall state that date the newsrack was removed and impounded, the reasons thereof, and the procedure for claiming the newsrack. If the newsrack was summarily impounded, such notice shall also state the procedure for requesting an appeal hearing. C. A distributor who provides satisfactory proof of the ownership of the impounded newsrack may, at any time within thirty days of the mailing of the notice of impoundment obtain the return of the newsrack and its contents upon paying any removal costs, storage, repair and any other costs incurred by the city. D. The costs of removal and storage of any newsrack shall be born be the distributor and may be collected by the city in the same manner as it collects any other civil debt or obligation. No newsrack which has been removed and stored by the city shall be released to the distributor unless the costs of removal, storage and any necessary repair to the sidewalk or other public property on which the newsrack was placed have been paid. If a newsrack that has been removed and stored remains unclaimed for a period of thirty days after the notice of impoundment has been sent, it shall be deemed to be unclaimed personal property and disposed of in accordance with the law. E. If, after a hearing, the impounded newsrack is found not to have been in violation of this chapter, the newsrack shall be returned to the distributor without payment of any impound fee or, if an impound fee has previously been paid, the impound fee shall be refunded. (Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999) Qn/nn A-rQ G 11.35.100 Hearing and appeal. http://ordlink.com/codes/pasorobles/_DA...ACKS/l 1_35_100_Hearing_and_appeal_.html Title 11 STREETS AND SIDEWALKS* Chapter 11.35 NEWSRACKS 11.35.100 Hearing and appeal. A. Any distributor maintaining a newsrack found in violation of this chapter, or any applicant for a newsrack permit that was denied by the director, may request a hearing before the director within ten calendar days after the giving of a notice of correction, a notice of impoundment or notice that a newsrack permit application was denied. The request shall be in writing, shall state the basis thereof, and shall be filed with the public works department. B. The hearing shall be held within ten calendar days of the filing of the request. At the hearing the distributor may present evidence or argument as to whether the newsrack has been placed, maintained or operated in violation of this chapter. Within five working days after the close of the hearing, the director shall render a decision in writing and shall give such written decision to the distributor. C. Any distributor, within ten calendar days after the date of the director's written decision may appeal such decision to the city council. The appeal shall be in writing, shall state the basis upon which the appeal is made, shall be accompanied by an appeal fee, to be established by the city council from time to time, and shall be filed with the city manager. The city council shall attempt to hear the appeal at the next regularly scheduled city council meeting for which proper notice can be given. At the appeal hearing, the distributor or any person may present evidence or argument as to whether the newsrack was placed, maintained or operated in violation of this chapter. Within five calendar days after the city council's decision is rendered, the city manager shall give written notice of the decision of the city council on the appeal to the distributor. The decision of the city council on the appeal shall be final. (Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999) 0 100 9i1m0 S-nn p 11.3 5.110 Effective date and existing newsracks. http://ordlink.com/codes/pasorobles/­DA...CKS/1 1 35_110_Effective_date_and_e.html Title 11 STREETS AND SIDEWALKS* Chapter 11.35 NEWSRACKS 11.35.110 Effective date and existing newsracks. A. Notice to Distributors. Within thirty days of the effective date of this chapter, the director shall make an inventory of all existing newsracks and give written notice to distributors of the adoption of this ordinance. B. Removal or Initial Filing. 1. Within thirty days of the date of the written notice described in subsection A of this section, any distributor of any existing newsrack located within city park or within the park side of rights-of-way bordering city park, shall remove said newsrack(s) or said newsrack(s) shall be summarily impounded. 2. For any newsrack(s) existing in the city as of the effective date of this chapter, and not included within subsection (13)(1), above, within thirty days of the date of the written notice described in subsection A of this section, the distributor of such newsrack shall either remove the newsrack, or file an application for a permit or permits required by this chapter for all sites at which the distributor maintains a newsrack. 3. Any existing newsracks that do not conform to the standards set forth in Section 11.35.040 shall be removed from the public right-of-way or from public land within thirty days of the date of the written notice described in subsection A of this section. 4. As of the effective date of this chapter, in the event that there exist more than three newsracks on any block face, and the distributors maintaining the newsracks on said block face indicate in writing to the director, within thirty days of the date of the written notice described in subsection A of this section, their desire to continue to place or maintain a newsrack on said block face, the director shall assign the three spaces on said block face at random by placing the names of all applicants for said spaces into a container from which the names shall be drawn, one at a time, until the three spaces have been filled. Such drawing shall be open to the public at a date, time and place designated by the director, provided that written notice of the date, time and place of said drawing shall be given to all applicants via first-class mail, to be mailed at least ten days prior to the drawing. 5. Any existing newsracks in excess of three per block face that were not selected via the drawing described in subsection (13)(4) of this section to be allowed to remain on the block face shall be removed from the public right-of-way or from public land within thirty days of the date of the drawing described in subsection (13)(4) of this section. C. Initial Permit Processing. For the initial processing of permit applications on existing newsracks, the city shall have up to thirty days to issue permits upon the receipt of a completed permit application that complies with the requirements of this chapter. The initial permits shall expire on June 30, 2000. D. Initial Compliance/Abatement. In the event the director receives a permit application for an existing newsrack that does not comply with the requirements of this chapter, the director shall so notify the distributor in writing within thirty days of distributor's submission of a permit application. Such notice shall specify the manner in which the newsrack does not comply with this chapter. The distributor shall have thirty days from the date of the director's notice of noncompliance to (1)take such steps necessary to bring its newsrack(s) into compliance and (2) resubmit a completed permit application for such newsrack(s). If the distributor fails to complete both of the actions described in the preceding sentence within such thirty day period, the nonconforming newsrack(s) shall be impounded pursuant to the provisions of Section 11.35.080. (Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999) 101 _ _ _ - _ _Artmn a•nn� 11.35.120 Severability. http://ordlink.com/codes/pasorobles/_DA... NEWSRACKS/11_35_120 Severability_.hhnl Title 11 STREETS AND SIDEWALKS* Chapter 11.35 NEWSRACKS 11.35.120 Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999) 104 n c.nn n