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.
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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]
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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.
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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]
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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.
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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
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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
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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
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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
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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
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046
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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
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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
'
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ITEM NUMBER: C-3
k DATE: 08/22/2000
minim RIM
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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
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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
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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.
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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)
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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)
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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;
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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
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Properly E.ioc
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(Ord. 780 N.S. § 1 (part), 1999: Ord. 772 N.S. § 1 (part), 1999)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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