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HomeMy WebLinkAboutAgenda Packet 021009 fir' rnn�, r r r... x '979 CITY OF A TASCADERO y CITY COUNCIL AGENDA Tuesday, February 10, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REGULAR SESSION 6 00 P M. PLEDGE OF ALLEGIANCE Mayor Pro Tem Fonzi ROLL CALL. Mayor Beraud Mayor Pro Tem Fonzi Council Member Clay Council Member Kelley Council Mayor O'Malley APPROVAL OF AGENDA. Roll Call A. CONSENT CALENDAR (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 1 item before action is taken DRAFT MINUTES Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting ) 1 City Council Special Meeting Draft Minutes —January 6, 2009 ■ Recommendation. Council approve the City Council Special Meeting Minutes of January 6, 2009 [City Clerk] 2. City Council Meetinq Draft Minutes — January 13, 2009 ■ Recommendation. Council approve the City Council Special Meeting Minutes of January 13, 2009 [City Clerk] 3. Peoples' Self-Help Housing Homebuyer Education or Foreclosure Prevention Workshops Funding Request ■ Fiscal Impact: $2,020 00 from the In-Lieu Low Income Housing Fund ■ Recommendation. Council authorize the Administrative Services Director to appropriate $2,020 in In-Lieu Low Income Housing Funds for Homebuyer Education or Foreclosure Prevention Workshops [City Manager] 4 Passage of CaIPERS Employer Resolution to Tax Defer Member Paid Contributions ■ Fiscal Impact: None ■ Recommendation. Council approve the Draft Resolution allowing member-paid contributions to be tax deferred [City Manager] 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 three minutes Please state your name for the record before making your presentation The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council ) B PUBLIC HEARINGS None. *40 2 ' ter C MANAGEMENT REPORTS 1 10-Year Plan to End Homelessness in San Luis Obispo County ■ Fiscal Impact: Endorsement of the Plan involves no financial commitment by the City The only commitment being requested is to participate in the process of implementation of the recommendations and to use the Plan as a guiding document with regard to affordable housing and prevention of homelessness ■ Recommendations. Council 1 Receive the 10-Year Plan to End Homelessness, as prepared under the guidance of the Countywide San Luis Obispo County Leadership Council, and, 2 Endorse the Guiding Principles that underline the Plan as approved by the Leadership Council, and, 3 Utilize the 10-Year Plan and the Guiding Principles as a point of departure in our future efforts, both within cities and among the regional partners, to address and prevent homelessness in the County of San Luis Obispo, and, 4 Designate a Council Member to serve as the City representative in the ongoing collaboration to address and prevent homelessness within the County [City Manager] 2. Staff Authorization to Process Zone Change Application for Colony Inn 1%W Hotel Conversion to Residential Care Facility - 3600 EI Camino Real (JP Patel ■ Fiscal Impact. The Administrative Services Department is estimating that the conversion of the hotel to a 75-bed residential care facility would have a negative fiscal impact of at least $154,000 on the City ■ Recommendation. City Council adopt Draft Resolution A withholding staff authorization to process a requested zone change application for the conversion of a 75-room hotel to a residential care facility [Community Development] 3. Creation of the Office of Economic Development ■ Fiscal Impact: It is anticipated the Office of Economic Development will create a net positive fiscal impact to the City The Office will increase City revenues by stimulating economic growth, while costs associated with the creation of the Office, such as staff time and printing costs, are already included in current budget levels ■ Recommendation. Council review and comment on a presentation by staff providing an overview of the Office of Economic Development. [City Manager] 3 4. Request by San Luis Obispo County Board of Supervisors (SLOBOS) for Consent to Create a San Luis Obispo County Tourism Business Improvement District (SLOCTBID) ■ Fiscal Impact: If the BID passes, total City of Atascadero BID revenues are estimated to be $80,000 - $100,000 annually Half of this would be spent on county-wide marketing efforts, while the other half would be for City of Atascadero marketing efforts ■ Recommendation. Council adopt the Draft Resolution, authorizing the San Luis Obispo Board of Supervisors to create the San Luis Obispo County Tourism Business Improvement District (SLOCTBID), and granting the San Luis Obispo Board of Supervisors jurisdiction for all the purposes in connection with creation and operation of the proposed SLOCTBID, with input from the lodging businesses and participating cities [Community Services] 5 Wrestling Bacchantes — Location Selection Process ■ Fiscal Impact: Funding will be needed to administer the process and to complete an engineer's estimate of the construction cost for the various display options suggested The 2007-2009 Budget currently has $ 51,980 00 that is unencumbered for the Project. If additional funding for the selected display is necessary, staff will bring it back to Council to determine which projects should be reduced, deleted, or postponed ■ Recommendation. Council endorse the location selection process and provide decision parameters relevant to the future placement of the ' Wrestling Bacchantes [Public Works] COUNCIL ANNOUNCEMENTS AND REPORTS (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda ) D COMMITTEE REPORTS (The following represent standing committees Informative status reports will be given, as felt necessary) Mayor Beraud 1 City/ Schools Committee 2 County Mayors Round Table 3 Finance Committee 4 Integrated Waste Management Authority (IWMA) Mayor Pro Tem Fonzi 1 Air Pollution Control District 2 Finance Committee 4 erre Council Member Clay 1 City/ Schools Committee Council Member Kelley 1 Atascadero Youth Task Force Council Member O'Malley 1 Economic Vitality Corporation, Board of Directors (EVC) 2 League of California Cities — Council Liaison and CITIPAC Board Member 3 SLO Council of Governments (SLOCOG) 4 SLO Regional Transit Authority (SLORTA) E. INDIVIDUAL DETERMINATION AND / OR ACTION 1 City Council 2 City Clerk 3 City Treasurer 4 City Attorney 5 City Manager F ADJOURNMENT 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. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the February 10, 2009 Regular Session of the Atascadero City Council was posted on February 3, 2009 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero CA 93422 and was available for public review in the Customer Service Center at that location Signed this 3`d day of February, 2009, at Atascadero, California. r Vicf6rra Randall, Deputy City Clerk City of Atascadero 5 City of Atascadero WELCOME TO THE ATASCA DERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero 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 and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website www.atascadero.org 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 numbers All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are video taped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee Contact the City Clerk for more information (470-3400) 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 or the City Clerk's Office, both at (805) 470-3400 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(from Title 2, Chapter 1 of the Atascadero Municipal Code) 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 lectern If you wish to speak for, against or comment in any way- 1 ay1 You must approach the lectern and be recognized by the Mayor 2. Give your name and address (not required) 3 Make your statement 4 All comments should be made to the Mayor and Council 5 No person shall be permitted to make slanderous profane or negative personal remarks concerning any other individual, absent or present 6 All comments limited to 3 minutes 7 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 If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy 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 anyone from the audience having business with the Council to • Please approach the lectern and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention A maximum of 30 minutes will be 1004 allowed for Community Forum (unless changed by the Council) 6 ITEM NUMBER A- 1 DATE. 02/10/09 SPECIAL MEETING ATASCADERO CITY COUNCIL Tuesday, January 6, 2009 PLANNING COMMISSION PARKS & RECREATION COMMISSION INTERVIEWS AND APPOINTMENTS DRAFT MINUTES Mayor Beraud called the meeting to order at 1 45 p m ROLL CALL. Present: Council Member Clay, O'Malley, Kelley, Fonzi, and Mayor Beraud Others Present: City Clerk Marcia McClure Torgerson PUBLIC COMMENT Sandy Jack, recommended the Council appoint Ray Buban, Tom Johnson, and Chris Molina to Planning Commission positions Mayor Beraud closed the Public Comment period. INTERVIEWS AND APPOINTMENTS City Clerk Marcia McClure Torgerson explained the interview process to the Council and the public 1 Planning Commission City Clerk recommendation Council interview the ten candidates and select, by ballot, two citizens to serve on the Planning Commission CC Special Meeting Draft Minutes 01/06/2009 Page 1 of 2 7 ITEM NUMBER A- 1 DATE. 02/10/09 The City Council interviewed the ten candidates and selected, by ballot, Dennis Schmidt and Chuck Ward to serve in the At Large positions on the Planning Commission 2. Parks & Recreation Commission • City Clerk recommendation Council interview the six candidates and select, by ballot, two citizens to serve on the Parks & Recreation Commission The City Council interviewed the six candidates and selected, by ballot, Christian Cooper and Barbie Butz to serve in the At Large positions on the Parks and Recreation Commission ADJOURNMENT Mayor Beraud adjourned the meeting at 8 10 p m to the next Regular Session scheduled on Tuesday, January 13, 2009 at 6.00 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C , City Clerk CC Special Meeting Draft Minutes 01/06/2009 Page 2 of 2 8 ITEM NUMBER. A-2 DATE. 02/10/09 rgM-v r CITY OF A TASCADERO y CITY COUNCIL DRAFT MINUTES Tuesday, January 13, 2009 CITY COUNCIL CLOSED SESSION 5 00 P M. CALL TO ORDER Mayor Beraud called the meeting to order at 5 00 p m. ,r 1 Public Comment— Closed Session. Mike Brennler spoke to Item 2-b and asked if the public could be advised as to what this matter deals with and if there is going to be a presentation of a settlement agreement. He cited the Brown Act requirement that the public has the right to receive information in reference to any settlement agreement. Mayor Beraud closed the Public Comment period. City Attorney Brian Pierik stated the agenda item has been described appropriately on the City's website and there is nothing more to add Mayor Beraud adjourned the meeting to the Closed Session of the City Council. 2 Closed Session a. Conference with Real Property Negotiators (Govt. Code Sec 54956 8) Property Easement from Capistrano Avenue to Stadium Park along APN# 029-105-028 Agency Negotiator Wade McKinney, City Manager Negotiating Parties Dr Gary Renzaglia and Ms Sandy Hughes Under Negotiation Instruction to negotiator will concern price and terms of payment CC Draft Minutes 01/13/2009 Page 1 of 13 9 ITEM NUMBER: A-2 DATE. 02/10/09 b. Public Employee Discipline/Dismissal/Release (Govt. Code Sec. 54957) 2. ADJOURN Mayor Beraud adjourned the Closed Session of the City Council at 5:50 P.M. to the regular meeting of the City Council. Mayor Beraud reconvened the City Council meeting at 6:00 p.m. CLOSED SESSION REPORT City Attorney Brian Pierik announced there were no reportable actions taken Mayor Beraud adjourned the meeting to the regularly-scheduled meeting of the Redevelopment Agency Mayor Beraud reconvened the City Council Meeting at 7.05 p.m. CITY COUNCIL REGULAR SESSION Mayor Beraud called the meeting to order at 7 05 p m and Council Member O'Malley led the Pledge of Allegiance ROLL CALL. Present: Council Members O'Malley, Clay, Kelley, Mayor Pro Tem Fonzi, and Mayor Beraud Absent: None Others Present: City Clerk / Assistant to the City Manager Marcia McClure Torgerson, and Deputy City Clerk Susanne Anshen Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Deputy Director of Public Works Geoff English, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Deputy Public Works Director David Athey, Administrative Services Director Rachelle Rickard, and City Attorney Brian Pierik. CC Draft Minutes 01/13/2009 Page 2 of 13 10 ITEM NUMBER A-2 DATE. 02/10/09 APPROVAL OF AGENDA. MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to approve the agenda. Motion passed 5.0 by a roll-call vote. A. CONSENT CALENDAR 1 City Council Special Meeting Draft Minutes — November 12, 2008 ■ Recommendation. Council approve the City Council Special Meeting Minutes of November 12, 2008 [City Clerk] 2. City Council Special Meeting Draft Minutes — November 22, 2008 ■ Recommendation. Council approve the City Council Special Meeting Minutes of November 22, 2008 [City Clerk] 3. City Council Draft Minutes — November 25, 2008 ■ Recommendation. Council approve the City Council Meeting Minutes of November 25, 2008 [City Clerk] 4 City Council Draft Minutes — December 9, 2008 ■ Recommendation. Council approve the City Council Meeting Minutes of December 9, 2008 [City Clerk] 5 City Council Special Meeting Draft Minutes — December 17, 2008 ■ Recommendation. Council approve the City Council Special Meeting Minutes of December 17, 2008 [City Clerk] 6. Adoption of an Alcohol Policy for the Pavilion on the Lake ■ Recommendation. Council adopt the proposed liquor policy for events to be held at the Pavilion on the Lake ■ Fiscal Impact: Unknown A few private groups may decide to hold events elsewhere if they cannot serve hard alcohol [Community Services] 7 Transit Vehicle Purchase - Purchase of a 22 Passenger Transit Bus through the State Department of General Services ■ Recommendation. Council 1 Adopt the Draft Resolution authorizing the State Department of General Services to purchase vehicles on behalf of the City of Atascadero, and, 2 Authorize Staff to proceed with the purchase with the purchase of the 22-passenger transit bus CC Draft Minutes 01/13/2009 Page 3 of 13 11 ITEM NUMBER A-2 DATE 02/10/09 ■ Fiscal Impact: The total cost of the vehicle will be $65,000 of budgeted Transit Funds-2009 cycle [Public Works] 8. Acceptance of the Offers of Dedication for Public Open Space — Tracts 2525, Phases I and II ■ Recommendations. Council 1 Adopt the Draft Resolution A accepting the Public Improvements within the areas proposed for Dedication of Public Open Space on Tracts 2525, Phases I and II, (excepting Open Space Lot 3) and reject the improvements in the areas of dedication for maintenance, and, 2 Adopt the Draft Resolution B accepting the Offer of Dedications for Public Open Space, in Fee Simple, on Tracts 2525, Phases I and ll, (excepting Open Space Lot 3) ■ Fiscal Impact: The City will be responsible for approximately 25% of the maintenance costs of the public open space The actual cost will be computed annually during the assessment period The City's costs for the 2008-2009 (current year) are estimated to be $7,500 from currently budgeted general funds [Public Works] 9 Annual Sewer Line Cleaning Services — Change Order #2 ■ Recommendation. Council authorize the City Manager to execute a Change Order in the amount of $6,592.00 to Mark Simon Sewer Maintenance for sanitary sewer-line cleaning services ■ Fiscal Impact: No additional appropriation required $6,592 00 of budgeted Wastewater Funds will be used to cover this expenditure [Public Works] 10 Streetscape Phase II Design Contract Change Order— Rick Engineering ■ Description. Design Services for the Rosario Gateway, Entry Arch, Pedestrian Tunnel, EI Camino Real Paving, Wayfinding, Street Lighting, Bus Stop and Bridge Railing Improvements ■ Recommendations. Council 1 Authorize the City Manager to execute a contract change order in the amount of $20,000 with Rick Engineering Incorporated to pay for additional design work beyond the scope of the original contract., and, 2 Authorize the City Manager to approve any additional change orders with Rick Engineering for a total amount not to exceed $20,000 00 ■ Fiscal Impact: The maximum possible fiscal impact is $40,000 00 of 2007-2009 budgeted funds [Public Works] 11 Proposition 1 B Grant Applications — Bus Stop Improvement Project ■ Description. If successful, this grant would bring $100,000 for bus stop improvements ■ Recommendation. Council approve the attached draft Resolution authorizing the submission of the grant application to the San Luis Obispo CC Draft Minutes 01/13/2009 Page 4 of 13 12 ITEM NUMBER A-2 DATE 02/10/09 low Council of Governments (SLOCOG) for Proposition 1B funding for bus stop improvements in the amount of $100,000 00 ■ Fiscal Impact: None Staff is applying for $100,000 in 08/09 Proposition 1 B funding for the Bus Stop Improvement Project. An additional $52,500 has been budgeted through FTA 5307 and TDA funds for this project. [Public Works] 12.Proposition 1 B Safety and Security Grant Application ■ Recommendation. Council approve the attached Draft Resolution authorizing the submission of the grant application to the San Luis Obispo Council of Governments (SLOCOG) for Proposition 1 B Safety and Security funding for security lighting and cameras in the amount of $20,000 ■ Fiscal Impact: None Staff applied for $20,000, the Board voted to award $18,880 pending Council approval Agencies are also allocated a small portion of the 1B Safety and Security funding on a formula basis, for Atascadero the total for 07/08 and 08/09 is $1,120, bringing the total 1B funding available for this project to $20,000 [Public Works] Mayor Pro Tem Fonzi pulled Item No A-4 & A-6 Eric Greening asked to pull Item Nos A-7, A-11 and A-12 MOTION By Council Member Clay and seconded by Mayor Pro Tem Fonzi to approve Items A-1, A-2, A-3, A-5, A-8, A-9, and A-10 on the Consent Calendar Motion passed 5.0 by a roll-call vote. Item #A-4 Mayor Pro Tem Fonzi stated on page 8, the word "evaluation" should be changed to "evacuation " MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Clay to approve Item No A-4, the Draft Minutes of the City Council dated December 9, 2008, correcting the word "evaluation" to "evacuation" on page 8. Motion passed 5.0 by a roll-call vote. Item #A-6 Mayor Pro Tem Fonzi asked if Staff could explain the reason for the policy change as to liquor allowed at the Lake Pavilion Community Services Director Brady Cherry explained there have been numerous events at the Pavilion where damages to the premises were directly related to hard alcohol Mayor Pro Tem Fonzi expressed concern for penalizing every group when most of them are responsible versus the few that are not; and asked if there could be insurance or security guards required, and what the Alcohol Beverage Control Board requires CC Draft Minutes 01/13/2009 Page 5 of 13 13 ITEM NUMBER A-2 DATE 02/10/09 Community Services Director Brady Cherry stated each group is required to obtain a 440 one-day license from the Department of Alcohol Beverage Control Board, and it is possible to require special event liability insurance either through their own carrier or through the City of Atascadero, which is costly and may create a barrier to using the facility PUBLIC COMMENT Eric Greening stated he supports Staffs' recommendation, but if there are other issues to be addressed, a public hearing should be set to work out the policy details and the City Council should include the Parks and Recreation Commission Karyn Sturtevant stated the City could allow event planners to plan their events and require security and insurance as necessary rather than across the board rules Mayor Beraud closed the Public Comment period. MOTION By Council Member Clay and seconded by Council Member O'Malley to adopt Item No A-6, the proposed liquor policy for events to be held at the Pavilion on the Lake per staff's recommendation. Motion passed 4 1 by a roll-call vote. (Mayor Pro Tem Fonzi opposed.) Item #A7, 11, & 12: Eric Greening pulled these items and stated all are related to the transit system He explained that the transit operating budget will impact these items, and special consideration needs to be addressed on the money we spend on operations for these items Council Member O'Malley stated he has been elected as Vice Chair for the San Luis Obispo Council of Governments and the San Luis Obispo Regional Transit Authority, and our City is very much on top of what funding sources may become available for these issues MOTION By Council Member O'Malley and seconded by Council Member Kelley to approve Item Nos. A-7, A-11 and A-12 on the Consent Calendar Motion passed 5.0 by a roll-call vote. COMMUNITY FORUM Eric Greening asked who made the project descriptions on the agenda in reference to the Wal-Mart item under Council Announcements and Reports Eric Greening stated the lack of access to transportation is a civil rights issue for citizens and the state is raiding funds set aside for transit assistance funding CC Draft Minutes 01/13/2009 Page 6 of 13 14 ITEM NUMBER A- 2 DATE 02/10/09 Len Colamarino spoke on the irregularity of the Wal-Mart issue being placed on the agenda by a Council Member, asked if there had been some ex parte communication, whether staff has been consulted, and the reason for this unusual process Pam Heatherington also questioned why the matter has been agendized by Council Member Clay Mike Brennler asked for public disclosure according to the Brown Act regarding the amount of public funding for the earlier item discussed in Closed Session Mike Brennler stated Resolution No 2006-084 states the Mayor Pro Tem shall be selected as new Mayor, and it was disrespectful to force Mayor Beraud to nominate herself for Mayor at the last City Council meeting David Broadwater associated himself with the same questions as Mr Colamarino and Pam Heatherington regarding the appearance of Wal-Mart-related issues on the agenda tonight. Mr Broadwater stated he was present when the new Council Members were sworn into office, and they did not nominate Ellen Beraud as Mayor, which he feels is a failure to execute their oath Mayor Beraud closed the Community Forum period. B PUBLIC HEARINGS None C MANAGEMENT REPORTS 1 Fiscal Year 2007-2008 Audit ■ Recommendation. Council review and accept the financial audit for the period ending June 30, 2008 ■ Fiscal Impact: None [Administrative Services] Administrative Services Director Rachelle Rickard gave the staff report and answered questions of the City Council Members PUBLIC COMMENT Bruce Bivens asked questions regarding grants and contributions, and he asked if charges for services are down, and if the Planning Department can bring that revenue up Mayor Beraud closed the Public Comment period. °4w CC Draft Minutes 01/13/2009 Page 7 of 13 15 ITEM NUMBER A - 2 DATE 02/10/09 Administrative Services Director Rachelle Rickard stated the Building Department fees are down along with a slowing housing market, and they have taken account for this in 1"01 the current budget planning There was consensus of the City Council Members to receive and file the 2007-2008 Audit Report. 2. Assembly Bill 885 (AB885) Draft Onsite Wastewater Treatment System Regulations ■ Recommendations. Council receive information on proposed State Regulations concerning Septic Systems, and provide feedback regarding staff's comments to the State Water Resources Control Board ■ Fiscal Impact: The long term fiscal impact on the City from both the State Water Board statewide and Central Coast Water Board Basin Plan regulations is unknown at this time Cost could be significant depending on what the City is required to do in a Septic System Management Plan Long term work includes costs for inspection systems, record keeping, and amending local codes Short term fiscal impacts includes staff's time to review the regulations, travel costs for the trip to the Public Meeting in Fresno, and staff's time to review the standards and develop comments [Public Works] Mayor Beraud reported an ex parte communication with Sorrel Marks on this matter Interim Public Works Director Geoff English and Deputy Public Works Director David Athey gave the staff report, and answered questions of the City Council Members PUBLIC COMMENT Ann Hatch asked if it is possible to differentiate between domestic animal run off and contamination in our streams versus septic tank contamination, and stated her concern we may be penalizing people with septic tanks erroneously Ron Rothman asked if all the waterways in Atascadero have been tested and if Atascadero Creek is the only one that is impacted at this point. Bill Schaeffer spoke in favor of maintaining control of setbacks to the City David Broadwater suggested composting toilets and asked what would be the impediments from using them and other alternative systems Bill Hatch asked about the cost to each homeowner for pumping, and how it will impact property values CC Draft Minutes 01A3/2009 Page 8 of 13 16 ITEM NUMBER A 2 DATE. 02/10/09 Mayor Beraud closed the Public Comment period. Mayor Beraud asked how impaired waterway contaminations are determined Deputy Public Works Director David Athey indicated currently DNA-type testing is done Mayor Beraud asked if all creeks have been tested Deputy Public Works Director David Athey stated all creeks in Atascadero have not been tested, and he was unsure as to whether all the creeks would be slated for testing Mayor Beraud asked if we implemented a local setback ordinance, would the City still be subjected to Regional Water Quality Control Board regulations Deputy Public Works Director David Athey stated the RWQCB has the authority to impose requirements on landowners who are impacting water quality Mayor Beraud asked if composting toilets and other alternatives are being looked at by the Regional Water Quality Control Board Deputy Public Works Director David Athey did not feel composting toilets had been addressed as these regulations focus solely on septic systems with running water Council Member Kelley stated currently to have a septic system pumped the cost is approximately $650 00 plus a cost to locate the tank if necessary; and if this is made a requirement, there quite possibly will be added costs for reporting ,, Mayor Beraud stated because of the large number of residents on septic systems, cost is a great concern and she would rather recommend good maintenance but not require it or require records be kept. Council Member O'Malley suggested to the State that in isolation, this seems like a good idea, however, it would be a better idea to keep the cost to the taxpayers in mind when making these decisions Mayor Pro Tem Fonzi would suggest comments be included on the impact on affordable housing for our area in particular Mayor Pro Tem Fonzi also stated this is somewhat of an unfunded mandate upon local government and homeowners with parts of this clearly unenforceable as to regulating the homeowners' record-keeping Council Member Clay asked staff to include the Municipal Water Company's report that there have been no problems over the years Council Member Kelley would like to see an education component included for those moving here from metropolitan areas that are unfamiliar with septic systems and how they work. Council Member Kelley suggested including utilization of a gray-water systems for washing machines to alleviate impact on septic systems Council Member O'Malley stated Atascadero is one of the few cities with a permitted gray-water process ,%WW CC Draft Minutes 01/13/2009 Page 9 of 13 17 ITEM NUMBER A-2 DATE 02/10/09 There was consensus of the City Council to provide feedback regarding staffs' comments to the State Water Resources Control Board, (including Council Member Comments above) 3. Review of Accomplishments and Challenges in Preparation for City Council Strategic Planning ■ Recommendations. Council 1 Review and comment on a presentation of the City's accomplishments, challenges, and finances in preparation for City Council Strategic Planning, and, 2 Recommend topics for strategic planning agenda. ■ Fiscal Impact: None [City Manager] City Manager Wade McKinney and Assistant City Manager Jim Lewis gave a brief overview to the Council The Department Heads also gave an overview of their departments and answered questions of the Council Mayor Beraud adjourned the meeting at 9.35 p.m. for a ten-minute break Mayor Beraud reconvened the meeting at 9.45 p.m. The Department Heads continued their presentations Mayor Beraud thanked staff for this valuable information, and reminded the Council that staff would like the Councils' comments and topics for the strategic planning session Mayor Beraud reiterated the previous City Council's goal of not implementing new programs or expanding current programs without offsets Council Member Clay stated his appreciation for everything staff has put into these reports Council Member O'Malley commended staff for these reports and stated revenue enhancement and economic development will be a strong challenge for this Council Mayor Pro Tem Fonzi expressed her concern for the challenge of maintaining employee morale in these difficult times as well as her goal of making government more responsive to the public Council Member Kelley stated he is looking forward to the challenge over the next couple of years and his experience in dealing with staff has been very positive Council Member Clay thanked staff for their hard work and commended City Manager Wade McKinney for creating a strong management team CC Draft Minutes 01/13/2009 Page 10 of 13 18 ITEM NUMBER A-2 DATE 02/10/09 NOW PUBLIC COMMENT David Broadwater discussed his letter to the City Council dated January 13, 2009, (Exhibit A) regarding campaign contributions. Mayor Beraud closed the Public Comment period. COUNCIL ANNOUNCEMENTS AND REPORTS 1 Council Member Clay Council Member Clay requests that the following be included on the agenda when Wal-Mart is discussed a. Add two restaurant pads to the front of the Wal-Mart project without reducing the square footage of the main building, consistent with the submittal included in the October 29, 2007, staff report to City Council, b Move the Garden Center outside of the main building, c. Add a drive-thru pharmacy to the main building Council Member Clay suggested adding to the discussion of the Wal-Mart project on a future agenda. two restaurant pads to the front of the Wal-Mart project, moving the VOW Garden Center outside the main building, and adding a drive-thru pharmacy to the main building Council Member Clay and City Manager Wade McKinney answered questions of the City Council Members Council Member O'Malley clarified that by adding the restaurant pads, the square footage of the Wal-Mart store would not increase Mayor Pro Tem Fonzi asked staff if approving these items to be included, the process of the Environmental Impact Report would not be delayed Staff stated it would not. PUBLIC COMMENT Bill Schaeffer commended the Council on their conduct during the meeting He asked if the public would have an opportunity for input on Council Member Clay's suggestions Chuck Ward spoke of the need for more restaurants in Atascadero Sandy Jack expressed his support of the restaurant pads Tom Johnson stated he feels these suggestions will bring people to Atascadero 4 CC Draft Minutes 01/13/2009 Page 11 of 13 19 ITEM NUMBER A- 2 DATE. 02/10/09 Dennis Schmidt welcomed Council Member Clay's ideas, and spoke of the snowball effect when people come to restaurants or the theatre, and other businesses will locate in Atascadero MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to continue the meeting past 11 00 p.m Motion passed 5.0 by a roll-call vote. Mayor Beraud closed the Public Comment period. Mayor Beraud stated her concern with traffic if the restaurant pads bring in drive- through-type restaurants MOTION By Council Member Clay and seconded by Council Member O'Malley to include on the January 27, 2009, agenda when Wal- Mart is discussed a. Adding two restaurant pads to the front of the Wal-Mart project without reducing the square footage of the main building, consistent with the submittal included in the October 29, 2007, staff report to City Council, b. Moving the Garden Center outside of the main building, C. Adding a drive-thru pharmacy to the main building. Motion passed 4 1 by a roll-call vote. (Beraud opposed) Mayor Beraud stated for the record her concern for increases in traffic and she does not want to prevent people from coming downtown to do their dining and shopping. Council Member O'Malley also stated he would like to make sure those issues are addressed by the E/R if we do go forward. D COMMITTEE REPORTS Mayor Beraud stated she attended the Mayors' Round Table last Friday where the budget was discussed and she has spoken with the City Manager to make sure the City is in line for any grant funding which may become available Council Member Kelley reported attending the Youth Task Force and was very impressed with the programs, especially the Bonanza Program drawing 500-600 kids for a night of entertainment. Mayor Beraud stated the High School has been given a grant for green technology for vocational education CC Draft Minutes 01/13/2009 Page 12 of 13 20 ITEM NUMBER A- 2 DATE 02/10/09 Council Member O'Malley stated as Vice Chairperson for the San Luis Obispo Council of Governments and the Transit Authority, the City gets a heads up on issues related to infrastructure, and he will bring some transit items to the Council for discussion to keep us proactive in this area for funding opportunities Mayor Pro Tem Fonzi reported attending the Air Pollution Control District orientation, and there will be some challenges in Atascadero's future E. INDIVIDUAL DETERMINATION AND/OR ACTION City Manager Wade McKinney reported Colony Square's preliminary approval was received by the bank yesterday for the loan guarantee, and he has calendars featuring the City Fire Truck. F ADJOURNMENT 1110 Mayor Beraud adjourned the meeting at 11 10 p m to the regularly scheduled meeting the Public Finance Authority MINUTES PREPARED BY **AW Susanne Curtis Anshen, Deputy City Clerk The following exhibits are available for review in the City Clerk's office Exhibit A—January 13 2009 Memo from David Broadwater dated January 13 2009,regarding Campaign Contribution Disclosure—Strategic Planning. fir+ CC Draft Minutes 01/13/2009 Page 13 of 13 21 ..r ITEM NUMBER A-3 DATE. 02/10/09 1919 ■ ie e Atascadero City Council Staff Report - City Manager's Office Peoples' Self-Help Housing Homebuyer Education or Foreclosure Prevention Workshops Funding Request RECOMMENDATION Council authorize the Administrative Services Director to appropriate $2,020 in In-Lieu Low Income Housing Funds for Homebuyer Education or Foreclosure Prevention Workshops. DISCUSSION. Peoples' Self-Help Housing Corporation (PSHHC) made application to the City of Atascadero for CDBG funds in the amount of $3,000 00 to fund group classes and one- on-one counseling for both new homebuyers and those experiencing difficulties paying their mortgages. PSHHC received an award of $980 00 in CDBG funds According to PSHHC, "It is important to work with families as soon as they detect [that] they may have problems rather than wait until a Notice of Default is filed " Staff has reviewed PSHHC proposal, and found that the program targets Low and Moderate-Income households, and both individual counseling and group sessions are offered in English and/or Spanish If full funding were provided, PSHHC would commit to providing up to two group sessions in Atascadero in addition to individual counseling, and expect to serve approximately fifteen (15) households at no cost. Given the state of the lending industry and real estate market, PSHHC program goals appear reasonable and timely Staff recommends approval of the balance of funds requested by PSHHC within its CDBG Program Application for the 2009 Program Year to provide homebuyer education or foreclosure prevention workshop and individual counseling services within the City of Atascadero 23 ITEM NUMBER. A-3 DATE. 02/10/09 FISCAL IMPACT $2,020 00 from the In-Lieu Low Income Housing Fund ALTERNATIVES 1 Take no action 2. Direct Staff to investigate other alternatives as identified by the City Council 3 The Council may choose to refer the item back to staff for additional analysis ATTACHMENT 1 Copy of People's Self-Help Housing Corporation's Community Development Block Grant (CDBG) Program Application for the 2009 Program Year 24 Attachment 1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION FOR THE 2009 PROGRAM YEAR SAN LUIS OBISPO COUNTY DEPARTMENT OF PLANNING AND BUILDING . ".: 976 OSOS STREET • ROOM 200 • SAN LUIS OBISPO • CALIFORNIA 93408 • (805)781-5600 Promoting the Wise Use of Land # Helping to Build Great Communities Organization Name: Peoples' Self-Help Housing Corporation (Attach additional sheets if necessary) To be considered for CDBG assistance, please submit flus completed application with any exhibits,budgets or beneficiary data as needed. Applications can be mailed to one of the participating jurisdictions listed in this application or to Tony Navarro, Planner III, Department of Planning and Building, 976 Osos Street, Room 300, San Luis Obispo, CA., 93408 or hand delivered to Tony Navarro at 1035 Palm Street, Room 370, San Luis Obispo, CA., faxed to (805) 781-5624, or e-mailed to tnavarro@co.slo.ca.us The application deadline is 5.00 P.M., Tuesday, October 14, 2008. Applications must be received by the County or one of the participating cities (Arroyo Grande, Atascadero, Grover Beach, Paso Robles, San Luis Obispo)prior to close of the business day POSTMARI ED-DATED MAIL RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED NOTE (1) Please review the CDBG regulations and guidelines and the Request for Proposals before completing this proposal. The CDBG regulations are available at www.sloplanning.org under"Housing Grants." Also,please call County and/or city CDBG staff with any questions about how to complete the form or about the rating criteria and process. (2) If the information for any of the questions below requires more room to provide a complete explanation of your proposed project or program,please attach additional sheets. CONTACT INFORMATION 1 Name and mailing address of applicant organization, with contact person, phone and fax numbers, and e-mail address Name: Peoples' Self-Help Housing Address (mailing and physical address requested if different) 3533 Empleo Street, San Luis Obispo 93401 Contact person/title: Sheryl Flores Phone- 805 781.3088 x 465 Fax 805 544 1901 E-mail address: sherylf@pshhc org -%ftw Is the organization a Faith Based Organization? Yes❑ No COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM PAGE 1 OF 11 APPLICATION FOR FUNDING DURING 2009 PROGRAM YEAR OCTOBER 14 2008 SAN LUIS OBISPO COUNTY PLANNING&BUILDING SLOPLANNING.ORG 25 PRf;MCT DESCMPTION 2. Title/name/address of proposed project or program. Housing Counseling — SLO County Mailing Address*3533 Empleo Street, San Luis Obispo CA 93401 3 Please describe the proposed project or program. In one or two short paragraphs, include a brief project/program description, the groups who will benefit and an explanation of how they will benefit from the proposed project or program. For projects, describe the location of the project (be as specific as possible, e.g. street address). For programs, state the location from which the program will be operated and/or describe the geograpluc area served by the program. Also, please include a schedule of project/program milestones Peoples Self-Help Housing (PSNH)has always provided Homebuyer Education to families participating in our self-help program Last fall recognizing the immediate need for Foreclosure Prevention Counseling and Homebuyer Education for all low-income families as a result of the proliferation of subprime loans,we worked with Coast National Bank and Mariner Mortgage to conduct several group trainings throughout the county The need for one on one counseling especially to workout of foreclosure situation has increased since the fall. One new and one existing staff member have obtained HUD Foreclosure and HomeBuyer Education certification. Funding is needed to pay for staff time to implement both individual and group counseling. Last year PSHH focused on group counseling to impact the greatest number of households in need The group classes as well as the increases in foreclosure have brought more clients seeking one on one counseling The average client requires at least 5 hours of counseling, plus additional hours spend seeking income verifications and negotiating with lenders on the clients'behalf These grant funds would allow us to serve more clients We will conduct at least six group HomeBuyer Education or Foreclosure Prevention Workshops The classes will be held throughout the county Additionally,we will provide one-on-one counseling. Through the combined services we will serve at least 60 households. 4 Will the services offered by your organization increase or expand as a result of the CDBG assistance? If yes,please answer the following questions a. What new programs and/or services will be provided? During the past year we conducted 20 workshops on Homebuyer Education or Foreclosure Prevention in San Luis Obispo County This grant will enable us to continue with workshops and to devote more time to one on one counseling to help delinquent homeowners resolve their financial problems. b Describe how existing programs and/or services will be expanded and what percentage of an increase is expected? This grant would allow us to devote more staff time to San Luis Obispo County Earlier this.year,_we applied and received $12,000 HOME grants from the City of Santa Maria and the County of Santa Barbara to conduct individual and group counseling in those jurisdictions This grant would allow us to continue and expand the services we offer in San Luis Obispo County 5. Check any of the following eligible activity categories that apply to the proposed project or program. (Refer to CDBG regulations and the Guide to Ehgible CDBG Achvjbes). Acquisition of real property Disposition of real property Public facilities and improvements (may include acquisition,construction, reconstruction, rehabilitation or installation) Privately owned utilities Y�YOame� - OYI.�19fo " COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM PAGE 2 OF 11 APPLICATION FOR THE 2009 PROGRAM YEAR OCTOBER 14 2008 SAN LUIS OBISPO COUNTY PLANNING&Bui DING SLOPLANNING.ORG 26 Clearance and remediation activities NOW Public services Interim assistance Relocation of individuals, families,businesses, non-profit organizations, and/or farms Loss of rental income Removal of architectural barriers Housing rehabilitation New housmg construction (under limited circumstances) X Homeownership assistance X Housing services Code enforcement Historic preservation Commercial or industrial rehabilitation Special economic development Technical assistance and planning studies ,r 6. Describe the need and the degree of urgency for the proposed project or program. What would be the consequences if the proposed project or program is not funded in the next year? Without free housing counseling, many more low income families may lose their homes and disrupt their secure family life. An increase of vacant foreclosed homes in our communities will affect the safety of our neighborhoods, apply downward pressure on the local economy, and create stress that will ripple through the schools and businesses in our towns. It is important to work with families as soon as they detect they may have problems rather than wait until a Notice of Default is filed. Many subprime loans were interest only for two years,the two year period are just occurring now for many families. An allocation of funding next year would be too late for many San Luis Obispo County households 7 Please describe the specific organizational method used to implement the proposed project or program(single or multiple group, public agency,non-profit, for-profit, experience in operating similar programs, etc.) Peoples' Self-Help Housing (PSHH) is a non-profit corporation. Both the personal counseling and group sessions will be led by PSN staff Other local businesses may be invited to participate in the workshops to lead discussions regarding property insurance, mortgage loans, bankruptcy and other specialized topics PSHH has been a certified HUD Counseling Agency for several years We have two certified Homebuyer and Foreclosure Counselors One counselor is fluent in Spanish as well as English. Nwe COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM PAGE 3 OF 11 APPLICATION FOR THE 2009 PROGRAM YEAR OCTOBER 14 2008 SAN LUIS OBISPO COUNTY PLANNING&BUILDING SLOPLANNING.ORG 27 8. Does the project require the issuance of a permit(from local,state or federal agencies)? Yes ❑ No a If yes,please identify the permits necessary to complete the project. ' b Have the necessary permits been issued? Please provide proof of permit issuance. c If permits are required but not yet obtained,when will the permits be issued? COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM PAGE 4 OF 11 APPLICATION FOR THE 2009 PROGRAM YEAR OCTOBER 14 2008 SAN LUIS OBISPO COUNTY PLANNING$BUILDING SLOPLANNING.ORG 28 NATIONAL OBJECTIVES CRITERIA 9 Does the proposed project or activity meet one of the three national objectives of the CDBG program? Please check one of the objectives below that applies to the proposal,and explain how the project or activity meets that national objective. a. X Benefits low-and moderate-mcome persons as defined by the U.S Department of Housing and Urban Development(HUD). Select one- ❑ Low/Moderate-Income Area Benefit—The project serves only a limited area which is proven by 2000 Census data or survey to be a predommately (51% or more) low/moderate-income area. Applicants choosing this category must be able to prove their project/activity primarily benefits low/moderate-income households ® Low/Moderate-Income Limited Clientele — The project benefits a-specific group of people (rather than all areas in a particular area), at least 51% of whom are low/moderate-income persons;. Note- Income verification for clients must be provided for this category The following groups are presumed to be low/moderate-income- abused children, elderly persons; battered spouses; homeless persons; adults meeting census definition of severely disabled, persons living with AIDS, and migrant farm workers ❑ Low/Moderate-Income Housing — The project adds or unproves permanent residential structures that will be/are occupied by low/moderate-income households upon completion. ❑ Low/Moderate-Income Jobs —The project creates or retains permanents jobs, at least 51% of which are taken by low/moderate-mcome persons or considered to be available to low/moderate- income persons. Explain. PSHH targets counseling services and gives priority to Low Income Households. Data is collected to indicate clientele's income status. During the past six months, 70%of clients served were low income households. NOTE To meet this national objective, the proposed activity must benefit a specific Clientele or residents in a particular area of the County or participating city, at least 51 percent of who are low- and moderate-mcome persons. b. Aids in the prevention or elimination of slums or blight. Explain. Select one: ❑ Addressing Slums or Blight on an Area Basis - ❑ Addressing Slums or B'ght on a Spot Basis—This project will prevent or eliminate specific conditions of blight or physical decay Activities are limited to clearance, historic preservation, COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM PAGE 5 OF 11 APPLICATION FOR THE 2009 PROGRAM YEAR OCTOBER 14,200$ SAN LUIS OBISPO COUNTY PLANNING$BUILDING SLOPLANNING.ORG 29 rehabilitation of buildings, but only to the extent necessary to eliminate conditions detrimental to public health and safety Is the project located in a Redevelopment Area? Yes ❑ No ❑ If yes, attach a map of the area with the site highlighted, and provide the Redevelopment Project Area(excerpts accepted) which documents the existence of slum/blight. Also, document the specific redevelopment objectives pertaining to the proposed project. NOTE. To meet this national objective,the proposed activity must be within a designated slum or blighted area and must be designed to address one or more conditions that contributed to the deterioration of the area. C. Meets community development needs having a particular urgency where existing conditions pose a serious and immediate threat to the health or welfare of the community, and no other funding sources are available, i.e., a mayor catastrophe such as a flood or earthquake. Explain. NOTE To meet this national objective,the proposed activity must deal with mayor catastrophes or emergencies such as floods or earthquakes. 10. If the project or program is designed to meet the national objective of providing benefit to low- and moderate-income persons, please estimate the number of unduplicated number of persons (or households) to benefit from the project and break that estimate down by income group (unduplicated means the number who are served, i.e., the grant will allow 25 children to participate in preschool—not 25 children x 5 days x 52 weeks =6,500) a. Total number of persons or households who will benefit from the project or program (regardless of income group)- Persons/households (circle the applicable unit) b Of the total number of persons or households entered above,how many will be low-income(earning 51%- 80%or less of the County median-income)? 40 Persons/households (circle the applicable umt) c. Of the total number of persons or households entered above,how many will be very low-income (earning 50% or less of the County median-income)? 4 Persons/households(circle the applicable unit) COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM PAGE 6 OF 11 APPLICATION FOR THE 2009 PROGRAM YEAR OCTOBER 14,2008 SAN LUIS OBISPO COUNTY PLANNING&BUILDING SLOPLANNING.ORG 30 x'11 Who are the clients of your organization? (Example: low- to moderate-income persons, elderly persons, severely disabled persons,migrant farm workers,battered spouses, etc.) The majority of households assisted will be low income households We have many elderly clients, but have not maintained age-based statistics. We have and will continue to serve disabled persons and farm workers. 12.How will the clients benefit from this project? Our clients will improve their financial literacy and understanding of their mortgage documentation and what options they have regarding loan types and appropriate level of debt. Foreclosure clients may be able to either stay in their homes or at least exit their obligations with the best financial situation possible under the circumstances and with the least damage to their credit rating. Home buyers will learn whether they are ready to become homeowners, how to budget for household expenses and savings, mortgage options, housing types, escrows, to establish an IDEA or other savings pian and much more. COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM PAGE 7 OF 11 APPLICATION FOR THE 2009 PROGRAM YEAR OCTOBER 14 2008 SAN LUIS OBISPO COUNTY PLANNING&BUILDING SLOPLANNING.ORG 31 BENEFICIARY DATA wrw�` 13 How do you currently collect demographic data on the beneficiaries of the proposed project or program? (Example: racial/ethnic characteristics)* The client completes a form. The data is input into Home Counselor on Line, an on-line program developed by Fannie Mae to track data required for HUD Housing Counseling Agencies. 14 How do you currently document income status of each client? (Example: very low, low- and moderate-in come)* Initially the income is self reported by the client. Depending on the level of counseling,the information is often verified, a combination of pay stubs, tax returns and employer verification. The information is input into Housing Counselor On-line, a HUD approved data collection system. 15 Provide the following information for the person(s) in your organization responsible for the preparation and submittal of the quarterly reports and for collecting and reporting the beneficiary data to the Urban County Contact person/title: Brian Kerrigan, Housing Counselor Phone number- 805 783 4476 E-mail address: bnank@pshhc.org *NOTE You are required to provide beneficiary data at the end of each quarter and year end data of the fiscal year If your proposal involves economic development, i.e., directly benefit a business,private property owner, business,involves fagade improvements, provide technical assistance to a new or existing business, job creation, loan guarantee, the beneficiary must obtain a Dun and Bradsteet (DUNS) number that must be reported to HUD Please contact Tony Navarro, (805) 781-5787, tnavarro@slo.co.ca.us for information on how to obtain a DUNS number prior to incurring and obligating the federal funds. COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM PAGE B OF 11 APPLICATION FOR THE 2009 PROGRAM YEAR OCTOBER 14,2008 SAN LUIS OBISPO COUNTY PLANNING&BUILDING SLOPLANNING.ORG 32 FINANCIAL INFORMATION 16.Total amount of CDBG funds requested $ 12,000 Please identify the junsdiction(s)to which you are applying* The county and the three cities with the highest foreclosure rates in the county If you are requesting CDBG funds from more than one jurisdiction,please break down the amount shown above by the jurisdiction listed below City of Arroyo Grande: City of Paso Robles: 3.000 City of Atascadero. 3,000 City of San Luis Obispo- City of Grover Beach**- 3.000 County of San Luis Obispo- 3,000 *NOTE. If you are applying to one or more cities, please provide a copy of the apphcation to the County by the application deadline of October 14, 2008. ** The City of Grover Beach reserves the option to award the maximum 15% of their grant funding allocation for public service needs. However,the City will award no less than$3,000 per award. Please submit your application accordingly 17 Please describe the budget for the proposed project or program. Itemize all sources of funding expected to be available and used for this project a. Revenues 1 CDBG Funds requested $ _ 12,000 2. Other Federal fimd(s) (please describe below) $ 3 State source(s) (please describe below) $ 4 Local source(s) (please describe below) $ 5 Other funds(please describe below) $ 37,500 Total Revenues $ 49,500 We have received awards from Cal Reinvestment Corp and the FHLB AHEAD Program. These grants which total $125,000 cover both Santa Barbara and San Luis Obispo Counties and extend into subsequent time periods. The amount shown above is budgeted for use in San Luis Obispo County within the next year ate„► COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM PAGE 9 OF 11 APPLICATION FOR THE 2009 PROGRAM YEAR OCTOBER 14 2008 SAN LUIS OBISPO COUNTY PLANNING&BUILDING SLOPLANNING.ORG 33 b Expenditures List below by item or cost category 141111111111110 Expenses. Direct Assistance to Individuals Salaries, Employee Benefits, Payroll Taxes 7,045 00 Professional Fees Supplies 480 00 Telephone 48.00 Postage & Shipping 192.00 Rental & Maintenance of Equipment and Space 7900 Printing & Publications 89400 Travel 69600 Conferences, Conventions & Meetings, Training 3600 Other(Specify) Indirect Expenses 2,91500 TOTAL EXPENSES 12,000 00 18.How do you plan to fund the operation and maintenance costs (if any) associated with this project? Are these funds available now? If not, when will they be available? And from what logo source(s)? All program costs will be covered by this proposed grant and other grants approved 19 Will CDBG funds be used to match/leverage other funds? List below funding sources and amounts and identify award dates of these sources. It has not been determined whether the match will be used for any other programs. Match is not required for the AHEAD or Cal Reinvest Corp funding obtained for Housing Counselmg. I certify that the information in this application is true and accurate to the best of my knowledge and ability Si ature Date SJ A I-J' 1 `t-4 Printed or typed name - 9 � Title COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM PAGE 10 OF 11 APPLICATION FOR THE 2009 PROGRAM YEAR OCTOBER 14 2008 SAN LUIS OBISPO COUNTY PLANNING&BUILDING SLOPLANNING.ORG 34 Note to applicant: The County and cities require all of the grant recipients to maintain general liability, automobile and workman's compensation insurance with luruts of not less than$1 million* If you are successful in obtaining an award, you will be asked to provide documentation regarding ability to provide the required coverage. * Liability coverage may vary byjunsdiction. Please call the city/county contact to verify limits. Prior to HUD's release of grant conditions and/or funds for the CDBG-funded project, a review of the project's potential impact on the environment must be conducted by the awardmgjunsdicnons and approved by the County of San Luis Obispo prior to obligating or incurring project costs. The County must certify to HUD that it has complied with all applicable environmental procedures and requirements. Should project costs be obligated or incurred pnor to the completion of the necessary environmental review, the project shall not benefit from the federal fiends. If you need assistance or have questions regarding this application,please contact any of the persons listed below Your apphcation(s) can be dropped off or mailed to the following locations: • Jim Bergman,Community Development Dept.,City of Arroyo Grande,214 E.Branch Street(P O Box 550), Arroyo Grande,CA 93421, (805)473-5420 • Valerie Humphrey,Public Works Dept.,City of Atascadero, 6907 El Camino Real,Atascadero, CA 93422,(805) 470-3460 *#4W • Janet Reese,Community Development Dept.,City of Grover Beach, 154 S Eighth St.,Grover Beach, CA 93433, (805)4734520 • Ed Gallagher, Community Development Dept., City of Paso Robles, 1000 Spring St.,Paso Robles, CA 93446, (805)237 3970 • Michael Codron, Community Development Dept., City of San Luis Obispo,919 Palm St., San Luis Obispo,CA 93401,(805)781-7175 • Tony Navarro,Dept. of Planning and Building, 976 Osos Street,Room 300,San Luis Obispo,CA 93408,(805) 781-5787 'err COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM PAGE 110 11 APPLICATION FOR THE 2009 PROGRAM YEAR OCTOBER 14 2008 SAN LUIS OBISPO COUNTY PLANNING&BUILDING SLOPLANNING.ORG 35 ..r .d ITEM NUMBER. A-4 DATE. 02/10/09 1915 � 1978 Atascadero City Council Staff Report — City Manager's Office Passage of CalPERS Employer Resolution to Tax Defer Member Paid Contributions RECOMMENDATION Council approve the Draft Resolution allowing member-paid contributions to be tax deferred. DISCUSSION In order to comply with a recent IRS ruling, CalPERS is recommending that agencies adopt the attached resolution and file a copy of the resolution with CaIPERS By adopting the resolution, the City's pick-up of employee contributions will continue to be considered tax deferred Internal Revenue Code (IRC) Section 414(h)(2) allows cities to designate required employee contributions as being "picked-up" by the City and treated as a City contribution for tax purposes The effect of the pick-up is to defer tax on the employee contribution amounts until the employee retires and receives retirement benefits or leaves the City and requests a refund Absent the 414(h)(2) provision applicable to government plans, employee contributions would automatically be taxable income to the employee at the time the contribution was made FISCAL IMPACT No fiscal impact for the City Administrative change only ATTACHMENT kW Draft Resolution 37 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, EMPLOYER PICKUP RESOLUTION TO TAX DEFER MEMBER PAID CONTRIBUTIONS WHEREAS, the City of Atascadero has the authority to implement the provisions of section 414(h)(2)of the Internal Revenue Code(IRC), and WHEREAS, the Board of Administration of the Public Employees' Retirement System adopted its resolution regarding section 414(h)(2)IRC on September 18, 1985, and WHEREAS, the Internal Revenue Service has stated in December 1985 that the implementation of the provisions of section 414(h)(2) IRC pursuant to the Resolution of the Board of Administration would satisfy the legal requirements of section 414(h)(2), and WHEREAS,the City of Atascadero has determined that even though the implementation of the provisions of section 414(h)(2) IRC is not required by law, the tax benefit offered by section 414(h)(2) IRC should be provided to its employees who are members of the Public Employees' Retirement System. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero SECTION 1. That the City of Atascadero will implement the provisions of section 414(h)(2) Internal Revenue Code by making employee contributions pursuant to the California State Government Code section 20691 to the Public Employees' Retirement System on behalf of its employees who are members of the Public Employees' Retirement System."Employee contributions" shall mean those contributions to the Public Employees' Retirement System which are deducted from the salary of employees and are credited to individual employee accounts pursuant to California Government Code section 20691 SECTION 2. That the contributions made by the City of Atascadero to the Public Employees' Retirement System CalPERS, although designated as employee contributions, are being paid by the City of Atascadero in lieu of contributions by the employees who are members of the Public Employees' Retirement System. SECTION 3. That the employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Atascadero to the Public Employees' Retirement System. SECTION 4 That the City of Atascadero shall pay to the Public Employees' Retirement System the contributions designated as employee contributions from the same source of funds as used in paying salary 39 SECTION 5. That the amount of the contributions designated as employee contributions and paid by the City of Atascadero to the Public Employees' Retirement System on behalf of an employee shall be the entire contribution required of the employee by the Public Employees' Retirement Law (California Government Code sections 20000, et seq.) SECTION 6 That the contributions designated as employee contributions made by the City of Atascadero to the Public Employees' Retirement System shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by the Public Employees' Retirement System. 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- CITY OF ATASCADERO By- Ellen Beraud,Mayor ATTEST Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM. Brian Pierik, City Attorney 40 ITEM NUMBER C-1 DATE. 02/10/09 "w e■ e e leis a ie e Atascadero City Council Staff Report - City Manager's Office 10-Year Plan to End Homelessness in San Luis Obispo County RECOMMENDATIONS Council 1 Receive the 10-Year Plan to End Homelessness, as prepared under the guidance of the Countywide San Luis Obispo County Leadership Council, and, 2 Endorse the Guiding Principles that underline the Plan as approved by the Leadership Council, and, r+ 3 Utilize the 10-Year Plan and the Guiding Principles as a point of departure in our future efforts, both within cities and among the regional partners, to address and prevent homelessness in the County of San Luis Obispo, and, 4 Designate a Council Member to serve as the City representative in the ongoing collaboration to address and prevent homelessness within the County DISCUSSION Recent legislation led to changes in the Housing Element law and includes reference to ten-year plans Additionally, future funding, such as certain grant funds from the Department of Housing and Urban Development (HUD) are anticipated to be tied to the preparation of a 10-year plan In December of 2007, the County hired HomeBase of San Francisco to begin the process of preparing the 10-Year Plan to End Homelessness A Leadership Council was established consisting of 34 seats and composed of city and county government, community organizations, faith—based organizations, the business community and people with experience in the field of homelessness Four committees were formed corresponding to the four priority areas that the Plan needed to address 1 Finance and Administration (including oversight and coordination) 2 Short Term and Permanent Housing (including emergency shelters) 41 ITEM NUMBER C-1 DATE. 02/10/09 3 Prevention and Discharge Planning 4 Supportive Services (including outreach, health care, and incomes) The Plan is designed to develop consensus among the service providers and jurisdictions regarding the most effective and cost efficient approach to addressing the challenges posed by the growing homeless population The draft Plan addresses the following four priorities • Priority 1 Facilitating access to affordable housing to put an end to homelessness, • Priority 2. Stopping homelessness before it starts through prevention and effective intervention, • Priority 3 Ending and preventing homelessness through integrated, comprehensive, responsive supportive services, and • Priority 4 Coordinating a solid administrative and financial structure to support effective Plan implementation Representatives of the Transition Team for the implementation of the "10-Year Plan to End Homelessness in San Luis Obispo County" will be giving a presentation tonight on the status of the plan and next steps toward implementation Presentations are being given to all City Councils in San Luis Obispo, as well as the County Board of Supervisors Attached is a copy of the Executive Summary of the Plan as well as a brochure that has been prepared to communicate the background of the Plan, vision statement, guiding principles, and priorities and strategies FISCAL IMPACT Endorsement of the Plan involves no financial commitment by the City The only commitment being requested is to participate in the process of implementation of the recommendations and to use the Plan as a guiding document with regard to affordable housing and prevention of homelessness ATTACHMENT 1 10-Year Plan to End Homeless in San Luis Obispo County— Executive Summary 2 Path to a Home Brochure 42 Attachment 1 PATH TO A HOME San Luis Obispo Countywide 10-Year Plan to End Homelessness Executive Summary In January 2008, cities, agencies and groups throughout San Luis Obispo county began an important journey, aimed at improving the county's approach to homelessness The need for change was broadly recognized, as homelessness in the county was continuing to grow More individuals and families were losing ``%W their housing, community members were increasingly frustrated by the effects of homelessness on their neighborhoods, city centers and public parks, homeless programs were struggling to meet growing need with dwindling resources, and local leaders were searching for solutions that were both effective and affordable Against this backdrop, and following a national trend to shift emphasis from "managing" homelessness to working to "end" it, a broad-based planning group came together to reevaluate current efforts within the county, consider best practices and lessons learned around the nation, and develop a Plan for a new and more effective response, aimed at ending homelessness in ten years This document, Path to a Home is the outcome of that process Path to a Home lays out a clear central vision that focuses on ensuring that everyone has access to appropriate and affordable housing and to the services they need to sustain it. It provides a clear"path" of- 1) what needs to be done to help people who are homeless or at-risk arrive "home" to stable housing and a place in the community as productive and participating members and 2) the system, policy and program changes necessary for the Cities, Communities and County to arrive at their goal of ending homelessness in ten years Vftw Path to a Home 2009-2019 1 43 Altogether, it is a new approach, one that puts as much attention on preventing homelessness as on helping people who are already homeless, and which calls for a variety of system level changes to facilitate integration and collaboration between mainstream and homeless agencies in their service provision This new approach can be described as • system-focused, promoting greater effectiveness and efficiency in resource utilization, • collaborative, requiring all sectors of the county to contribute to this effort; • flexible and individualized, recognizing that each person in need is unique and requires a tailored response to his/her situation, and • accountable, insisting on data collection and evaluation to document progress made and guide ongoing revisions and improvements The Journey's Start -- Background Recognizing The Need For Change. As with many other communities around the nation, efforts in San Luis Obispo county to address homelessness sprang up in the late 1980s as a response to what was seen as an emergency A network of housing and service programs was created, parallel to the mainstream safety net system, to deal with the special needs of people who are homeless However, twenty years later, it is clear that homelessness is much more than a short-term crisis, and that despite the hard work and commitment of many excellent programs, the current approach to homelessness is not working and must be changed Consider the following • Homelessness Continues To Grow, Affecting More And More People, Including Children An estimated 2,408 people are homeless each night in San Luis Obispo county, and almost 2,800 experience an episode of homelessness each year Of these, almost half (44%) are people in families and 22% are children under age 12 Almost a quarter (23%) are victims of domestic violence 1 These numbers indicate not only untold human misery and forfeited dreams, but for the children, it too often is a preview of a poverty-stricken and marginalized future Children who are homeless are more likely to have health problems2, to miss school and to have lower academic Sources: SLO County Homeless Enumeration Report, Spring 2006&2007 SLO County Continuum of Care Application, Exhibit 1 2 Weinreb L. Goldberg, R. Bassuk, E., & Perloff J N (1998). Determinants of health and service use patterns in homeless and low-income housed children.American Academy of Pediatrics 102(3): 554-562. Path to a Home 2009-2019 2 44 performance Those who are pre-school age, are more likely to have one or more developmental delays 4 All in all, childhood housing instability and homelessness have been identified as one of the indicators of future homelessness5 • Many People Become Homeless Because The Mainstream Safety Net Has Not Met Their Needs. In San Luis Obispo county, almost a quarter of homeless people are victims of domestic violence 68% of homeless people are estimated to have a mental illness and 37% a substance addiction 6 Unable to access the help they need, they become homeless, and too often, their problems begin to exacerbate • Some People Have Been Homeless For Years. Almost 10%7 of people who are homeless in the county are chronically homeless, having been continually homeless for a year or more or having had at least four episodes of homelessness in the past three years This extended homelessness is an indication of a breakdown in our systems of care, in that people are unable to get the assistance they need to end this unhealthy and dangerous living situation • The Current System Shelters Only A Tiny Fraction Of Those In Need 92% of homeless people in the county are unsheltered, living outside or in vehicles 8 The current system clearly does not have the capacity to meet the volume and types of needs that exist in the county • Homelessness Is Expensive People who are homeless are high users of emergency services, including hospital emergency rooms, shelters, mental health crisis services, and substance abuse detox programs A study of homeless people with severe mental illnesses found that each used an average of $40,451 worth of publicly-funded services per year, including health and mental health services (86%), emergency shelter (11%) and incarceration in state prisons and local jails (3%) 9 In San Luis Obispo county, a conservative estimate of the impact of homelessness on city services, including Police, Parks and Recreation, 3 Rafferty Y (1995).The Legal Rights and Educational Problems of Homeless Children and Youth. Educational Evaluation and Policy Analysis, 17(1) 42-45 http://webpage.pace.edu/yrafferty/yvonne/docs/Raffertyl995EEPA.pdf 4 Bassuk, E. L. & Rosenberg, L. (1990). Psychosocial characteristics of homeless children and children with homes. Pediatrics, 85(3):257-261 5 Burt, Martha R. "Demographics and Geography Estimating Needs"for the 1998 National Symposium on Homelessness Research. 6 2007 SLO County Continuum of Care Application, Exhibit 1 2007 SLO County Continuum of Care Application, Exhibit 1 e Same as above. 9Culhane Dennis P Metraux, Stephen and Hadley Trevor (2002). Public Service Reductions Associated With Placement of Homeless Persons With Severe Mental Illness in Supportive Housing Housing Policy Debate Vol 13 Issue 1 pp 107-163. Fannie Mae Foundation. Path to a Home 2009-2019 3 45 Public Works and Library, yields a figure of $121,904 per year 10 In addition, communities also bear quality of life costs related to increased crime, reduced public safety, and problems due to the congregation of homeless people in downtown city centers and public parks • Homeless Programs Cannot Solve The Problem On Their Own Both the size of the homeless population as well as their multiple needs makes it impossible for the homeless service system to resolve this problem in its own Many people who are homeless need access to mainstream services, including health and mental health services, drug and alcohol treatment, subsidized housing, employment and training services, and benefits As noted above, homeless people are already incurring costs in many of these systems, repeatedly cycling in and out of these programs because their problems are not addressed in a coordinated way • Evidence From Around The Country Demonstrates That Re-Orienting The Approach To Homelessness Works. Over 300 communities around the country are engaged in federal government-promoted Ten Year Planning processes that shift the focus of their service systems from "managing" homelessness to "ending" it.11 This involves strategies such as making housing a central focus, increasing mainstream program involvement in preventing and ending homelessness, linking services with housing in a comprehensive and coordinated package of care, making prevention a priority; and collecting data to guide decisions and monitor progress Many of these communities have reported significant reductions in the numbers of people homeless on their streets after beginning implementation of their Plans, such as a 60% reduction in Philadelphia, 28% in San Francisco, and 20% in Portland 12 • San Luis Obispo County Has Effective Programs Upon Which To Base Change While the current homeless system as a whole is not working to end homelessness, there are many excellent programs that have developed proven approaches to helping people regain and maintain housing throughout the county Using these programs as a base and more fully involving mainstream agencies, the Cities and County can construct an effective system of assistance that will provide comprehensive and coordinated care aimed at helping people access and maintain housing for the long term 10 This figure is based on a cost study conducted in Santa Barbara County The per person cost figures from that study are applied to a San Luis Obispo County homeless population of 802, which is 1/3 of the homeless population documented in the Homeless Enumeration Report. 11 http.//www ich gov/slocal/index.html 12 The United States Interagency Council on Homelessness e-newsletter June 8,2006 http.//www ich.gov/newsletter/archive/06-08-06_e-newsletter htm ti Path to a Home 2009-2019 4 46 The Homeless Outreach Program A San Luis Obispo County *lo"' Success Story The Homeless Outreach Program, operated by the County Behavioral Health Department, Mental Health Services serves homeless individuals with mental illness through outreach services in the community where they congregate HOP provides mental health counseling medications, emergency assistance, transitional housing with case management, and assistance obtaining permanent housing 2006-2007 Outcomes 92 clients served 90% received housing 63% involved in vocational development 40% have paid employment this year 7% are in educational programs Number of days homeless has been reduced by 13,346 days 2006-2007 Costs Savings $207,100 in cost savings from reduced incarceration of 2,071 days $301,500 in costs savings from reduced acute hospitalization of 335 days A Call To Action. Recognizing the need to change the county's approach to homelessness, the County Board of Supervisors undertook the development of the 10 Year Plan as a framework for effectively addressing how the county can better meet the most basic needs of its poorest residents A central goal of the 10-Year Plan is to assist the county in stabilizing and sustaining critical services to people who are homeless and at-risk by enhancing interagency collaboration and increasing systemwide efficiency in provision of services and utilization of resources The County reached out to all cities and community partners to solicit their participation in the planning process Staff support was provided through the County Planning and Building Department, with assistance from the Department of Social Services Consultant services were provided by HomeBase/The Center for Common Concerns On The Road --The Planning Process The planning process was initiated in January 2008 A Leadership Council was convened with 60 seats, composed of key representatives from County and City government, community-based organizations, faith-based organizations, the business community, funders and people with experience of homelessness The Leadership Council's responsibility was to oversee the overall development of the Plan, solicit community feedback, develop an implementation and oversight body; and facilitate plan adoption by the Board of Supervisors, City Councils and other relevant bodies Path to a Home 2009-2019 5 47 Four committees were formed, corresponding to the four priority areas that the 140V Plan needed to address • Finance and Administration (including oversight, data, coordination) Committee • Short Term (including emergencies shelter) and Permanent Housing Committee • Prevention and Discharge Planning Committee • Supportive Services (including Outreach, Health Care, Incomes) Committee Each committee met monthly, and strategies and action steps were developed based on general information about homelessness, its causes and solutions, pertinent county data on need and on the housing and services currently in place, and lessons from current research on homelessness and best practices from around the country The final Plan is divided into four sections, each of which contains recommendations addressing one of the priority areas of action to end homelessness ❖ Priority 1 Facilitating Access to Affordable Housing to Put an End to Homelessness ❖ Priority 2 Stopping Homelessness Before it Starts through Prevention and Effective Intervention ❖ Priority 3 Ending and Preventing Homelessness through Integrated, Comprehensive, Responsive Supportive Services •:• Priority 4 Coordinating a Solid Administrative & Financial Structure To Support Effective Plan Implementation The Plan encompasses a series of strategies and action steps aimed at transforming existing homeless and mainstream systems and programs into one comprehensive and coordinated system of care aimed at both preventing homelessness for those at-risk and ending it for those who have already lost their homes These strategies and action steps are suggestions to guide County, City and Community partners in taking coordinated action to achieve this goal While the Plan does not mandate action by any agencies, the strategies and actions steps it contains were developed through a countywide planning process and represent the strong consensus of the Leadership Council and its Committees on how San Luis Obispo county can best improve the effectiveness of its approach to homelessness and achieve its goal of ending homelessness in ten years Path to a Home 2009-2019 6 48 Reaching Our Destination — Plan Implementation The Leadership Council will be the lead agency overseeing the start of Plan implementation, as it oversaw the development of the Plan The implementation timeline is at page 64 Action steps will be implemented as funding is secured, redirected from existing funding streams or through the development of new federal, state, local and private sector funding The initial implementation can begin using existing funding streams adjusted to be consistent with the plan State and federal funding (See Appendix C) with local jurisdictions and private resources will be needed to access housing services and boost system capacity to the scale needed to end homelessness A successor Homelessness Governing Body is proposed for Phase I Mission of the Leadership Council • To foster involvement of all sectors of San Luis Obispo county working in collaboration and partnership to create a comprehensive and effective system of care that prevents and ends homelessness • To provide oversight and leadership that will promote ongoing innovation, accountability for outcomes and maximum efficiency in VOW resource utilization The following vision statement and guiding principles were used to guide the development of the Plan and will be used to guide its implementation Vision Statement We envision a future in which the housing and comprehensive services necessary to remain housed are available for all, affording everyone maximum self-sufficiency, and the opportunity to be productive and participating members of our community Guiding Principles cgs Community Partners Working Together — Ongoing coordination and collaboration between the County, Cities and Community partners is recognized as the cornerstone of our efforts to build a comprehensive and seamless system of care that ensures that no one is left out of housing. �prr Path to a Home 2009-2019 7 49 eg Sharing Responsibility through Education and Outreach To All —Achieving results that matter will require involvement of all sectors of the community, including the business community, faith-based organizations and citizen volunteers As such, education to build understanding of homelessness is essential in order to encourage broad involvement and cultivate support for solutions c9,3 Continuous Community Building — Development of this system of care will be carried out through sigaifisaRt investment in affordable and supportive housing, treatment and services for the benefit of All county residents crs Fosterinq Of Innovation & Excellence — Through GGRtiRWiRg investment in training, annual integration of lessons learned and emerging best practices, and openness to new ways of doing things, we will create a model system of care that is equal to the challenge of preventing and ending homelessness cs Flexible and Individualized Attention — Ending homelessness will happen one person at a time, as such, housing and service provision will be tailored to the specific needs of each individual or family c>3 Focus On Housing — All service provision will include ensuring the client's housing stability, whether by helping people to obtain housing quickly, linking them with the services they need to sustain it, or identifying risk and intervening early to prevent housing loss cps Comprehensive Solutions With A Systemwide Perspective - No matter where the client enters the system, comprehensive solutions will be provided through access to the full range of care available within the system c� Strategic Thinking & Efficiently Targeted Interventions — Data collection to allow evaluation of emerging needs and program outcomes will enable us to target interventions for maximum impact and continuously monitor results and adjust for improvement. Conclusion The planning process that produced Path to a Home, the San Luis Obispo countywide ten-year plan to end homelessness, involved a diverse group of stakeholders and built a strong base of collaboration that can help to carry the Plan forward through the implementation process Path to a Home provides a strong and compelling framework for joint action that can guide County, City and Community partner efforts to effectively address homelessness and utilize Ifto Path to a Home 2009-2019 g 50 precious housing and service resources in the most efficient and productive manner possible PLAN PRIORITIES AND STRATEGIES Priority 1 Facilitating Access to Affordable Housing to Put an End to Homelessness Strategy 1 1 CREATE MORE AFFORDABLE PERMANENT HOUSING AND PERMANENT SUPPORTIVE HOUSING TO HELP PEOPLE WHO ARE HOMELESS ACHIEVE LONG-TERM RESIDENTIAL STABILITY Strategy 1.2: INCREASE THE SUPPLY OF SHORT TERM"INTERIM"AND TRANSITIONAL HOUSING AS A SUPPLEMENT,AND NOT AN ALTERNATIVE,TO PERMANENT SUPPORTIVE HOUSING. Strategy 1.3. CULTIVATE AND FOSTER INCLUSIVE HOUSING OPPORTUNITIES THROUGHOUT THE COUNTY FOR HOMELESS INDIVIDUALS AND FAMILIES. Strategy 14 IMPLEMENT A HOUSING FIRST MODEL OF SUPPORTIVE HOUSING. Strategy 1.5: GENERATE MORE SHORT TERM AND SHALLOW SUBSIDIES THAT HELP PEOPLE REGAIN AND MAINTAIN HOUSING Strategy 1.6. FACILITATE AND STREAMLINE ACCESS TO HOUSING AND HOUSING SUPPORTS BY PEOPLE WHO ARE HOMELESS OR AT-RISK. Priority 2. Stopping Homelessness Before it Starts through Prevention and Effective Intervention Strategy 2.1 CONDUCT HOUSING FOCUSED DISCHARGE PLANNING FOR PEOPLE EXITING JAILS AND PRISONS IN ORDER TO PREVENT HOMELESSNESS AND REDUCE RECIDIVISM Strategy 2.2: CONDUCT COMPREHENSIVE, HOUSING FOCUSED DISCHARGE PLANNING FOR PEOPLE EXITING HOSPITALS,MENTAL HEALTH FACILITIES,AND ALCOHOL AND OTHER DRUG TREATMENT CENTERS IN ORDER TO PREVENT HOMELESSNESS Path to a Home 2009-2019 9 51 Strategy 2.3 CONDUCT COMPREHENSIVE, HOUSING FOCUSED DISCHARGE PLANNING FOR YOUNG *410 PEOPLE EXITING THE FOSTER CARE SYSTEM IN ORDER TO PREVENT HOMELESSNESS Strategy 2.4 CREATE AN OVERALL DISCHARGE/TRANSITION COORDINATOR TO SUPPORT AND COORDINATE THE DISCHARGE EFFORTS OF EACH SYSTEM(CORRECTIONS, HEALTH-RELATED PROGRAMS AND FOSTER CARE) Strategy 2.5 CREATE EVICTION INTERVENTION STRATEGIES TO STOP HOMELESSNESS Strategy 2.6 CREATE PERFORMANCE MANDATES TO SUPPORT NEW COUNTYWIDE POLICY FOCUS OF KEEPING PEOPLE HOUSED AND/OR GETTING THEM QUICKLY RE-HOUSED Priority 3 Ending and Preventing Homelessness through Integrated, Comprehensive, Responsive Supportive Services Strategy 3.1 CREATE A COMPREHENSIVE, INTEGRATED, FLEXIBLE SYSTEM OF CARE WHICH OFFERS EFFECTIVE AND COORDINATED CARE TO THOSE IN NEED Strategy 3.2: CENTRALIZE AND STREAMLINE ACCESS TO COMPREHENSIVE,COORDINATED SUPPORT SERVICES Strategy 3.3. GENERATE GREATER COMMUNITY PARTICIPATION IN THE PROVISION OF COMPREHENSIVE SUPPORT SERVICES STRATEGY 3.4 FOSTER EMPLOYMENT,VOLUNTEERISM,AND A SENSE OF PURPOSE AMONG HOMELESS PEOPLE,AS A CORE INTERVENTION TO PREVENT AND END HOMELESSNESS Strategy 3.5. SUPPORT CREATION OF PROFIT-GENERATING BUSINESSES TO PROVIDE RESOURCES TO HOMELESSNESS"PRIMARY RESPONDER"AGENCIES STRATEGY 3.6 USE MAINSTREAM BENEFITS AND RESOURCES MORE EFFECTIVELY IN SUPPORT OF COUNTY GOAL TO END HOMELESSNESS 1410 Path to a Home 2009-2019 10 52 Priority 4 Coordinating A Solid Administrative & Financial Structure To Support Effective Plan Implementation Strategy 41 ESTABLISH A COUNTYWIDE INTER-JURISDICTIONAL COLLABORATIVE HOMELESSNESS GOVERNING BODY TO COORDINATE EFFORTS TO PREVENT AND END HOMELESSNESS AND OVERSEE PLAN IMPLEMENTATION Strategy 4.2: SUPPORT PLAN IMPLEMENTATION WITH DEDICATED REVENUE FROM MULTIPLE SOURCES Strategy 4.3 COLLECT DATA ON HOMELESSNESS AND PROGRAM PERFORMANCE TO GUIDE PLANNING, PROGRAM DEVELOPMENT AND FUNDING DECISIONS Strategy 4 4 CONTINUALLY IMPROVE THE QUALITY OF EFFORTS TO ADDRESS HOMELESSNESS BY INTEGRATING RESEARCH AND EXPERIENTIAL FINDINGS AND PROMISING AND EVIDENCE BASED PRACTICES INTO THE RESPONSE TO HOMELESSNESS To find out how you can support this Plan,please contact Dana Lilley at (805) 781-5715 or dlilley@co.slo ca.us - Path to a Home 2009-2019 11 53 .1 Attachment 2 �;�• �t� �?,�, �� =� �°. ;�. � � �: .,.�� / � 1.„ :.�/ ,fir ,.'�;,� •' ,� �/ ° 0 7 0 o v o 's7 4y. 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C-2 DATE. 02/10/09 �9�■ 79 AT�g��ui A tascadero City Council Staff Report - Community Development Department Staff Authorization to Process Zone Change Application for- Colony Inn Hotel Conversion to Residential Care Facility 3600 EI Camino Real (JP Patel) RECOMMENDATION City Council adopt Draft Resolution A withholding staff authorization to process a requested zone change application for the conversion of a 75-room hotel to a residential care facility DISCUSSION Background. On December 31, 2008, a request was submitted to the City to authorize a zoning code text change for the conversion of the existing 75-room Colony Inn hotel located at 3600 EI Camino Real to a 75-bed residential care facility Staff has met with the applicant a number of times over the past year regarding the proposal (Refer to Attachment 2) During these pre-submittal meetings staff expressed concern about the conversion for the following reasons 1 Loss of Transient Occupancy Tax (TOT) and sales tax revenue to the City 2 Increased emergency call costs to the Fire Department 3 Conversion of retail land use to residential land use and potential impact on future retail development in the area 57 Currently, the site is zoned Commercial Retail which does not allow for the proposed residential care use The zoning ordinance defines residential care as a facility with non- ambulatory persons, or a facility where any type of medical care is provided, or a facility where any type of State license is required Article 29 Land Use Descriptions 9-3 701 Residential Care Establishments primarily engaged in the provision of residential, social and personal care for children, the aged, and special categories of persons with some limits or ability for self-care, including mental and physical limitations, but where medical care is not a major element. Includes board and care facilities, children's homes, halfway houses, rehabilitation centers, self-help group homes Since residential care is not a permitted use in the CR zone, the project would require a zoning code text amendment to include "residential care facilities" as a permitted use The applicant's request states that they are requesting a zoning map change for the site to "Residential Multi-Family", however, this type of zoning map change would be considered spot zoning since it would create an island of multi-family within a commercial zoning district. Spot zoning is not permitted and would also require a General Plan Amendment. City Council policy requires that the Council authorize staff to process applications requiring legislative approval that are controversial or have a significant impact based on location or proposed use Because this proposal has the ability to significantly impact City revenues and place additional strain on City emergency services, the application request has been brought before the City Council for authorization to proceed The Council has the ability to receive this initial staff report, hear public testimony on the proposed applications, and then either- (1) direct staff to process the project application; or (2) withhold staff authorization to process the application which would result in no further action related to the project. Proiect Summary: The proposed application would allow for the conversion of an existing 75-room hotel into a 75-room / 75-bed residential care facility This facility would provide 22-rooms for assisted care and 53-rooms for independent senior living The site would remain as existing with minor upgrades required for accessibility and building connectivity Extensive interior modifications would be required to meet the building code standards because of a change of occupancy rating for the building. The associated Colony Hall would also be converted and used as a dining hall in conjunction with the care facility 58 COLONY INN INDEPENDENT LIVING 3600 EL CAMINO REAL 7-7 ATASCADERO CA fir+ 11j OFit .I. 'J0,9;' IkP T i tir ron Aft l NORTH ELEVATION{EL CAMINO ELEVATION) TLE ROOF SKYUGHT AREA OF CDYEREDADDRION �mp T 18 k IT�4I _..,.. y. � � , ,m.r• I rlr, DUINfi FACLI,T1(EJ_Q_$fIN01k EXISTING 8UILDING _...,....._....._............»_.._..._... CEMENT FASTERFNISH EAST ELEVATION_ OVERALL EXTERIOR ELEVAT)ONS yn1r� i NOT A PART FFP' LL.P ;, '"^T F (ETiPMN—/ FJOlfNDPARI0N0 LDT (KENNEDY FfTNESS) FACLoeula _ s I BMW x�,1'u� J. �W YG+A 93i GA r.3i'k}k,h '�'r NDYACLF9518LE U*4 I=BIERfM.4Nl w P�ANPtOPIRLIE �» 1 BMW, O 4 t EXISTINGBUILDING ATOBE'REMODELE - — s ww r `4 �"•.Gr y' r�wnnanw: I ./ y '"". a rxElwyRooM !Set ✓.„ � � I��E �� YILNINENiP'S6(6E _ try. ExSRIDPdK SD�ADE y� D JK't( Y T0.8EREW14f ,.. }I 7 '. RDpAK,AND TIFAIFR' � BU71 AING DING'B'P- i ".. :avFANTFtl TO BE e§ { ax • I +tea y s REMODELED� a tW I O n _ a PATq.. �? Z 2: WADDRlENWFEMMD�. � Q "}� $�•k `�¢ XD]M6AND WDYNN�P �. IAr.4.„qd.: ..nP�.�� +: s:,.u�u+.r,?1' `.Pr. U EXISTINGBUILDING ¢ • I w (DINING FACILITY) r EXISTING BUILDING'V TO BE REMODELED x "���,�'�£��s.*•� DaDG1Eo.�rcE®IeFPNaa+o <� �,Y.7 — EI� R1LfN0PNNMG LOI y 'w h'a drTJ . MAUMENT "«•«"E"°m ADJACENT RESIDENTIAL {b� ' '' W—E ARCHITECTURAL SITE PLAN r.� 59 EI Camino Real Single Family R Yt ik w� N M D y`'R Colony Inn Project Site Commercial Retail 1 Applicant/Owner- JP Patel zone 1998 Santa Barbara Street Atascadero, CA 93422 2 Project Addresses: 3600 EI Camino Real 3 Assessor Parcel Numbers 049-211-058, 059 4 General Plan Designations GC (General Commercial) 5 Zoning District: CR (Commercial Retail) 6 Existing Use Hotel and special events hall .4111110 60 ANALYSIS The following is a brief staff analysis of the proposed project A detailed fiscal analysis of the proposed projects would require significant time and staff resources to complete The project plans, maps, and justification statement have been attached for the Council's information Staff has identified four primary areas of concern with the proposed project, (1) loss of revenue to the City, (2) increase cost of City services, (3) compatibility of future commercial uses, (4) Economic Development/Business Community Impacts These concerns are the basis of staff's recommendation TOT Tax Reduction. The existing hotel's TOT is a positive tax generator for the City Because of the TOT, hotel uses tend to be one of the best revenue generators per acre that the City has According to the City's Administrative Services Department, an average hotel room in Atascadero produces about $1,750 each in TOT annually Based on this City wide average, a 75 room hotel would be expected to conservatively generate $131,250 per year in TOT revenue for the City of Atascadero ($1,750 x 75 rooms = $131,250) While specific numbers for this hotel cannot be released, the revenue produced is above this average figure If the hotel were converted into a residential care use, the City would lose this entire TOT tax revenue Staff estimates that a potential annual property tax increase of $6,000 would be realized to the Redevelopment Agency if the property is significantly upgraded and reassessed In addition, people staying in hotels are much more likely to go to restaurants, make retail purchases and buy gasoline than people living in a residential care facility Hotels are generally recognized as having a beneficial revenue multiplier effect that supports stores and restaurants Staff has not attempted to estimate this number, but the City would receive 1% of every dollar that is spent in Atascadero by people staying in the hotel A formal fiscal analysis would have to be prepared to estimate this number Increased Costs to City Emergency Services. The conversion of a hotel to a residential care facility will have a significantly high demand for fire/paramedic services Based on actual Atascadero Fire Department response call data, a hotel generated 0 11 calls per room annually while a residential care facility generated 0 80 calls per bed annually Therefore, the residential care facility will generate approximately 60 emergency calls annually, more than one emergency call a week (0 8 calls x 75 rooms = 60 calls) The net increase would be 52 more calls annually than the hotel would be expected to generate, or an increase in demand on fire services of approximately 86% The Administrative Services Department estimates that each emergency call costs the City $565 Therefore, the conversion would be expected to cost the City approximately $29,000 in new emergency services expenses (52 calls x $565/call = $29,238) 61 Compatibility with Commercial Zoning District The existing hotel is located in an underutilized commercial area of EI Camino Real Directly to the south are two underdeveloped parcels zoned for commercial uses and 6 6 acres of vacant commercial land exists across the street. The K-Mart center and old Ford dealership sites are also in close proximity Creating a large scale residential care facility for seniors will create a use that is especially sensitivities to noise, traffic, and lighting The potential exists that a large residential care facility could limit the intensity and hours of operation for future commercial developments on these vacant sites Economic Development/Business Community Impacts The City is aggressively pursuing economic development and is working to improve relationships with the business community. Much has been accomplished already in this area, however, as each new proiect moves forward the business community's perception as to how each project is being reviewed by the City needs to be taken into account. Regarding this hotel conversion proiect staff is cognizant of how the process is being perceived by both the applicant and business community. While on one hand the recommendation of staff presented this evening may appear to be "anti-business" in that staff's recommendation is limiting a business owner from proceeding with a proiect they have interest in, if the proposed project moves forward it may also have several "anti-business" ramifications. These include. • Reduction in retail land available in the City • A reduction in hotel rooms which is in conflict with the direction outlined in the City's recent Tourism Study and the City's desire to grow the economic base by increasing tourism spending • Impact on the values and future opportunities of the retail land surrounding the site • Loss of dollars spent by visitors at restaurants, gas stations, etc In other words, from a larger perspective, converting the existing hotel use may actually have a larger "anti-business" impact than denying the preferences of the existing landowner/applicant. Building Occupancy Conversion Issues Although the occupancy conversion of the existing building does not directly affect the City, staff wanted to point out some concerns for the Council's information The hotel is currently classified as R-1 occupancy The project architect is proposing to change the building to an R-4 occupancy to accommodate the residential care use There are a significant number of modifications that will be required to change the building from an R-1 to and R-4 Once converted to a R-4 occupancy, the building could be utilized as a residential care facility with a maximum of six (6) non-ambulatory residents Staff is concerned this occupancy may not be consistent with the applicant's stated goal of having 22 assisted living units If any more than six residents are non-ambulatory (unable to self rescue) then the building would have to be converted to an Institutional, 62 "I-1" occupancy The conversion from an R-1 to 1-1 occupancy would likely be much more complicated and expensive Conclusion. The proposed project consists of zoning code text change to allow an existing 75-bed hotel to be converted into a residential care facility The project will result in the loss of TOT tax and an increase in emergency service calls The Administrative Services Department estimates the project would result in a negative $154,000 annual cost to the City of Atascadero FISCAL IMPACT The Administrative Services Department is estimating that the conversion of the hotel to a 75-bed residential care facility would have a negative fiscal impact of at least $154,000 on the City Lost TOT revenue -$131,250 Increase Property Tax +$6,000 Additional Emergency Services -$29,238 Total Fiscal Impact to City -$154,488 err ALTERNATIVES City staff has recommended that the Council not authorize staff to process the requested application and thus retain the hotel use The Council has a number of alternative actions that may be considered which staff has provided below 1 The City Council could continue the item and request additional information The Council should clearly state what additional information is needed and refer the item back to the applicant and staff for further analysis 2 The Council could direct staff to process the application If this alternative is chosen, staff would recommend the following requirements be added to make the project fiscally neutral to the City of Atascadero (See Draft Resolution B) Fiscal Neutrality Conditions. a. Require construction of the new hotel currently proposed by the applicant on East Front Street prior to approving the residential care conversion. The City Attorney would need to determine the correct legal approach to implementing this condition 63 b Process the Zone Change to require a planned development (PD) overlay zone for residential case uses in the Commercial Retail zoning district. This will require a secondary PD zoning ordinance amendment prior to creating an entitlement for the residential care use This secondary PD requirement will allow the City Council to apply special conditions to this application and allow for the denial of additional request to convert hotels to residential care uses c Require the project to annex into the City's emergency service community facilities district (CFD) to offset the increased City emergency service costs d Require the project to fund a new CFD study to determine the project's actual fiscal impact to emergency response services associated with residential care facilities ATTACHMENTS Attachment 1 Applicant request/project description letter (site plan and elevations attached) Attachment 2 May 8, 2008 staff letter to JP Patel Attachment 3 Draft Resolution A—Withholding Authorization to Process Attachment 4 Draft Resolution B — Staff Authorization to Process 64 ATTACHMENT 1 Applicant Letter RECEIVED DE-C 3 i 2008 4 OOMMUNTI DEVELOPMENT 663 Hill St.San Luis Obispo, CA 93405 December 29,2008 Warren Frace,Community Development Director City of Atascadero Community Development Department 6907 EI Camino Real Atascadero,CA 93422 RE. COLONY INN INDEPENDENT&ASSISTED LIVING CENTER 3600 EI Camino Real,Atascadero-CA 93422 Dear Warren: Thank you for the opportunity to present our proposal to provide much needed independent living&assisted living facilities for the residents of the City of Atascadero. Our proposal includes conversion of the existing 75 room Colony Inn Best Western Hotel into a 75 room independent&assisted living facility The existing buildings and improvements are well suited for the conversion,with ample parking,convenient access from EI Camino Real&public transportation,and proximity to downtown businesses and services. An added bonus is the Kennedy Club Fitness Center on adjoining property which will be available with various fitness programs for residents of the Colony Inn Living Center The existing restaurant located adjacent to the hotel property will be converted into permanent dining facilities,and will be connected to the main building with a new addition consisting of living room areas,fireplace,patio,new facility entrance and accessible ramps. A lot fine adjustment or lot combination will be processed to create one lot of record including the main building and dining facilities. Initial plans include 22 rooms on the lower ground level to be provided for assisted living facilities. Newaccessibleroll-in showers will be provided for all lower level assisted living rooms,along with completely accessible restrooms and resident rooms. The second and third floor levels will include 53 rooms of independent living facilities. Existing elevators provide access to all building floors,and are ADA accessible. A complete NFPA 13 commercial fire sprinkler system will be installed in all areas of the main building,addition,and dining facility. Modifications,new features,and amenities to be provided in the main building will include a community kitchen and multi-purpose room for use by residents,a theater laundry facilities for resident's use,physical therapy facilities,administrative offices,and medicine dispensary We anticipate that the occupancy of this facility as classified by the California Building Code(2007 CBC)will be R-4 as described in Section 310,Residential Group R. Existing site conditions will remain essentially the same,with the following exceptions. We propose to relocate the existing public transit bus-stop from its current location on the adjacent property to the north,to a location in front of the Colony Inn property to better serve the 65 residents of the facility A new accessible walkway and ramp will be constructed along EI Camino Real to provide pedestrian access from the City sidewalk and new bus-stop to the entrance of the facility We also propose to remove the existing pole sign located along Highway 101 and to install new landscaping along the freeway frontage. The current zoning of this property is CR (Commercial Retail). We understand that a zone change to RMF(Residential Multi-Family)will be required,and we respectfully request that the City consider our request for such a change in zoning to accommodate this project. Existing residential uses currently exist in the neighborhood,with single family residences directly across EI Camino Real and multi-family apartments within two lots to the south. Considerable research and marketing analysis has been conducted regarding the feasibility of this project,with results indicating that this type of senior residential facility is needed and desired by the residents of Atascadero. Examples of similar local successful 'conversion' projects to senior housing include the following: Conversion of a failing San Luis Obispo motel into senior housing—The Manse on Marsh, (Reduction in traffic) Conversion of a failing bowling alley in San Luis Obispo into an Alzheimer Care Center (Better land utilization,job creation, reduction in traffic&noise) Conversion of a faltering student housing complex into senior independent living,with a new assisted living center constructed in the existing parking lot.—The Villages in San Luis Obispo. (Reduction in traffic&noise,job creation,and improved neighborhood compatibility) We are pleased to have an opportunity to address this community need,and are hopeful that v> the City will recognize this unique opportunity to provide quality residential options for Atascadero's senior citizens. Enclosed are a summary of site and building statistics for your review along with rendered Site Plan&Building Elevations and new addition Floor Plan to describe the features and appearance of the proposed project Please contact us at your convenience,if you have questions,or need additional information. Sincere) Randy ettmerNCARB Dettmer Architecture 805 5414864/fax 805 5414865 www dettmerarchitecture.com -.4110 66 COLONY INN INDEPENDENT&ASSISTED LIVING CENTER Project Data. Address: 3600 EI Camino Real Atascadero,CA 93422 APN Existing Hotel Property 049 213 046 Existing Restaurant 049 211 049 Lot Sizes Existing Hotel Property 2.07 acres= 90,169.2 SF Existing Restaurant 1 45 acres= 63,162.0 SF Combined Lot 3.52 acres=153,331.2 SF Square Footages: Building A Lower Level: 4,677 SF Main Level: 6,698S 11,375 SF Building B Lower Level: 1,818 SF Main Level: 2,585 SF Upper Level: 1,960S 6,363 SF Building C Lower Level: 3,747 SF Main Level: 9,129 SF v'!rr✓ Upper Level: 9.129 SF 22,005 SF Living Room/Lounge Addition: 1 495 SF Dining Facility Kitchen. 1,600 SF Dining: 3,352 SF Support: 736 SF 6,680 SF Total Buildings: 47,918 SF Proposed Occupancy R-4 Construction Type V A Fully Sprinklered Height Increase for sprinklers—Max 70' Proposed(Existing)Max Height—37' Allowable Area: 36,072 SF per story including increases for frontage&sprinklers. Required Parking: 84.5 spaces(if considered Group Quarters) 127.5 spaces(if considered Multi-Family Dwellings) Parking Provided: 135 spaces(including 7 accessible spaces) 67 I �1 I I oLL , , i , Q ------------------i I , � t 4 1 I tl„ 1 I 1 I 1 1 I 1 1 , , I , I t t 1 I t 1 0- ' Y I O Qt ' J _ Z d - O I � ' C1 I � Q I , Q I W S G b zw O I I >-0 cc O n v U JZ Z 0> J� 0 rm 68 rry., m m r m � 9 � r i tl CD F� Xrt Ix ,YI R 1 te Al �p ISMHWY � 101 I 0E t 4ys3 3tOT 7 I �P P \ AIR m H a. IN Cl Cl Fn t" sa D } ..... ....... _ I 1 � 1 1 1 ....._... a X— r i A 1 1 i7�i�x ._W ditto'- PoxIrl - •..I { = EL CAMINO REAL E 4 re 70 =tom,,,. ATTACHMENT 2: May 8, 2008 Staff Letter to JP Patel CITY OF ATASCADERO CQMMUNITI DEVELOPMENT DEPARTMENT �a May 8 2008 J.P Patel 3600 EI Camino Real Atascadero,CA 93422 RE: Best Western Colony in Conversion to Retirement Hotel 3600 El Camino Real Dear Mr Patel This letter is in response to your April 14, 2008, inquiry regarding the possible conversion of the Colony Inn Hotel to senior housing. Since your request affects both zoning and buil ding codes, I w411 address these issues separately Zoning Code Issues: The above mentioned property is Iocated in the CR (Commercial Retail) zoning district. The current hotel use is an "allowable use"within the CR zone. In your letter(attached)you mention the following. 1 Age of occupants 65 to 80 years old 2. Initially start out as an ambulatory facility and within a couple of years be ready to accept Limited non-ambulatory care residents 3 Medical services—initially there will be no medical services offered. After approval of assisted care license we will have a standard medicine dispensary While residential uses are not allowed in the CR zone, a`retirement hotel for senior citizens is an allowable use. The zoning code s definition of retirement hotel is provided below It appears that the `ambulatory facility with no medical services and occupants 65 to 80 years old would be consistent with the retirement hotel definition. Article 29. Land Use Descriptions 9-3 701 Retirement Hotel. Establishments primarily engaged in providing lodging T.A.CD *O T*r4xw%8wtWe~-onht JP P"SZ4CwwAoaL"pWM RV200$t 41 AO AM 6947 EL CAMINO REAL ATASCADERO CA 93422 (805)451.5040 FAX 451.7612 71 CITY of ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT May 8,2008 Pzge2of4 facilities limited to the aged where no medical care is provided. Such establishments may provide housekeeping and meals to the residents. However, the second part of your project description states that, `within a couple of years, be ready to accept limited non-ambulatory care residents" and "after approval of assisted care license, we will have a standard medicine dispensary" If any of the rooms are occupied by non- ambulatory persons, or any type of medical care is provided, or any type of State license is acquired,then the use would no longer qualify as a retirement hotel Any of these criteria would be defined as "residential care" under the zoning ordinance. Residential care is not a permitted use in the CR zone and would therefore not be permitted. Article 29. Land Use Descriptions 9-3 701 Residential Gare. Establishments primarily engaged in the provision of residential, social and personal care for children,the aged,and special categories of persons with some limits or ability for self-care,including mental and physical limitations,but where medical care is not a major element. Includes board and care facilities, children's homes, halfway houses, rehabilitation centers,self-help group homes. The only option to provide relief from this provision would be a zone change to make residential care an allowable use. Staff has significant concerns regarding the potentially negative economic and public safety level of service impacts such a zone change may have on the City These issues would require thorough staff anal ysi s and review It i s n of clear i f staff woul d be able recornrnend such a zone change application being accepted for processing. Staff would recommend that all necessary entitlements for the ultimate project be obtained prior to beginningany changes to the buildings or use. Zone changes require amendments to the City's municipal code and there is noway to determine if such a request would be granted. Building and Fire Code Issues: Your letter makes references to disabled accessibility requirements and changes to an existing kitchen In addition, you have verbally inquired about the requirement for fire sprinklers and additional egress requirements. Unfortunately, staff is unable to provide any direction on these code issues based on the information provided. Ultimately, the answers to these questions will be determined based on the use, occupancy, and the design of the building. The issue of the reuse and occupancy of an existing building must be analyzed and determined by a licensed architect. Once an architect has been retained to analyze the project, staff would be happy to meet and provide assistance. Flc:iWCDDCo"avom"eAEPAWvl mooma mlit JPP4bA564*.YMAOOR'tZ 0,U:05NiAMt 41 A M yy�y T 72 ,a3 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT May 8,200E Page 3 of 4 Please contact me at 00-3488 if I can be of assistance or if you have questions regarding this letter Sin cerel y Warren Frace Community Development Director Attachment: April 14 2008,letter fromJPPatel 0C W McKinney J Lewis B Pierik S McHarris K.Forman K.Gleason K.Stone T Peterson Fla:T!n CDD OeMOepoMofp%Bvlt W OlETf1 mrviKen IK JP PI-0tl Si-0iaNif Aoa RTR WW:*WSW*{r AM 73 CITY DP ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT May 8 2008 Page 4 of 4 Letter from JP Patel From Patel Jit en D ppatel 62@yahoo corn] Sent Monday April 14 2008 5 12 PM To Warren Frace Cc: Prakash Patel; Paresh &Bina Patel; rcdettmerCacharter.net Subject Best western Conversion Attachments 1424305636-Ltrto Warren FraceApril 2008 doc Best Western Colony Inn 3600 EI Camino Real Atascadero Ca 53422 805-466-4445 City Hall Annex 6907 EI Camino Real Atascadero, CA 93422 Attn:Warren Frace Ref-Conversion of Best Western to Retirement Hotel Dear Warren Fallowing up from our meeting and information requested below is basic information gathered so far 1 Number of Rooms-65 to 70 2. Age of occupants 65 to 80 years old 3. Initially start out as an ambulatory facility and within a couple of years be ready to accept limited non-ambulatory care residents 4 Medical services—initially there will be no medical services offered After approval of assisted care license we will have a standard medicine dispensary 5 We currently have 3 handicap accessible ADA rooms We do not intend to add any m ore 6 We will remodel kitchen in Colony Hall Not expecting any structural changes Hope this helps in order to give us further feedback. Thanks J P Patel 805-391-0151 Fla:T-r CDD Dft;0UQ9Mi41 AM 74 *40W ATTACHMENT 3: Draft Resolution A-Withholding Authorization to Process a Zone Change Application DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, WITHHOLDING AUTHORIZATION FOR PROCESSING OF A ZONE CHANGE REQUEST TO ALLOW FOR THE CONVERSION OF AN EXISTING HOTEL TO A RESIDENTIAL CARE FACILITY ON APN 049-211-0589 059 (Patel) WHEREAS, a written request has been received from Dettmer Architects, 663 Hill St., San Luis Obispo, CA 93401 (Representative), and JP Patel, 3600 El Camino Real, Atascadero, CA 93422 (Property Owner), to consider a project consisting of a Zone Change to allow for the conversion of an existing hotel to a residential care facility at 3600 El Camino Real (APN 049- 211-058, 059), and, WHEREAS, the Atascadero City Council considered authorizing staff to process the low proposed application at a public meeting on February 10, 2009 consistent with the City Policy; and, WHEREAS, the Atascadero City Council determined that the proposed zone change would have a significant negative fiscal impact on the City of Atascadero, and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to withhold authorization for processing the requested zone change (APN 049-211-058, 059) 'err 75 On motion by Council Member , and seconded by Council Member , the foregoing resolution is hereby adopted in its entirety by the following roll call vote AYES NOES ABSTAIN ABSENT ADOPTED CITY OF ATASCADERO, CA Ellen Beraud Mayor ATTEST Marcia McClure Torgerson, C.M.0 , City Clerk APPROVED AS TO FORM. Bnan Pienk, City Attorney `wig 76 ATTACHMENT 4: Draft Resolution B-Authorization for Staff to Process Zone Change Application *ftw DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING STAFF TO PROCESS A ZONE CHANGE TO ALLOW FOR THE CONVERSION OF AN EXISTING HOTEL TO A RESIDENTIAL CARE FACILITY ON APN 049-211-0589 059 (Patel) WHEREAS, a written request has been received from Dettmer Architects, 663 Hill St. San Luis Obispo, CA 93401 (Representative), and JP Patel, El Camino Real, Atascadero, CA 93422 (Property Owner), to consider a project consisting of a Zone Change to allow for the conversion of an existing hotel to a residential care facility at 3600 El Camino Real (APN 049- 211-058, 059), and, WHEREAS, the Atascadero City Council considered authorizing staff to process the proposed application at a public meeting on February 10, 2009 consistent with the City Policy; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to authorize staff to process the requested zone change application, subject to the following conditions and consistent with Exhibit 1 1 The east front hotel shall be constructed to 75% completeness prior to staff processing of the Zone Change Application, 2. The Zone Change shall consist of a PD overlay over the site and corresponding zone text amendments to allow for such, 3 The project shall annex into the existing CFD based on the Woodridge study for the increased costs to City services for new residential units, 4 The applicant shall fund a new CFD study focused on increased costs to City emergency response services and create and participate in such a district, should the study show an increase in costs 77 On motion by Council Member , and seconded by Council Member , the foregoing resolution is hereby adopted in its entirety by the following roll call vote AYES ( ) NOES ( ) ABSTAIN ( ) ABSENT ( ) ADOPTED CITY OF ATASCADERO, CA Ellen Beraud Mayor ATTEST Marcia McClure Torgerson, C.M.0 , City Clerk APPROVED AS TO FORM. Brian Pienk, City Attorney r 78 'fir+► Exhibit 1 Preliminary Project Description COLONY INN INDEPENDENT&ASSISTED LIVING CENTER Project Data: Address: 3600 El Camino Real Atascadero,CA 93422 APN Existing Hotel Property 049 213 048 Existing Restaurant 049 211 049 Lot Sizes Existing Hotel Property 2.07 acres= 90,169.2 SF Existing Restaurant 1 45 acres= 63,162.0 SF Combined Lot 3.52 acres=153,331.2 SF Square Footages: Building A Lower Level: 4,677 SF Main Level: 6.698 SF 11,375 SF Building B Lower Level: 1,818 SF Main Level: 2,585 SF 14"W Upper Level: 1.960 SF 6,363 SF Building C Lower Level: 3,747 SF Main Level: 9,129 SF Upper Level: 9.129 SF 22,005 SF Living Room/Lounge Addition, 1 495 SF Dining Facility Kitchen: 1,600 SF Dining: 3,352 SF Support: 736 SF 6,680 SF Total Buildings: 47,918 SF Proposed Occupancy R-4 Construction Type V A Fully Sprinklered Height Increase for sprinklers—Max 70' Proposed(Existing)Max Height—37' Allowable Area: 36,072 SF per story,including increases for frontage&sprinklers. Required Parking: 84.5 spaces(if considered Group Quarters) 127.5 spaces(if considered Multi-Family Dwellings) Parking Provided: 135 spaces(including 7 accessible spaces) 79 yrs` r 1 i 4 , 4 I i 1 O 1 Q i 1 1 ` v � a , 1 a I � + 2 N 1 1 f 1 1 I 1 1 I I 1 I 1 h------------------ 1 Q ow } d o > o , ' U- 1 ' Z 1 0 I + � a ' � a 1 Q ' W V Z W o r w 0 Z a Q N J Z ' O? J . U J " O S,ao An ix I�;m Q ra ' o � O z m u Z Of�q f o H gMIN oz � Me-- l 7 S r 1I;. 81 HWY 101 JET % 100,' 4 0 x '.NEWIANGSCAPING a , , r ,.. �>tl 75-bed Residential ---- m — � P Care Facility , m _ 6 nn*`, I ca I , k y <ry' g �_ - iiorwa•w_",,,aw,asm � j ;; — — EL CAMINO REAL Fl ru' sly4 82 ITEM NUMBER. C-3 DATE. 02/10/09 rnnn i r r... tor 9 \ CAT Atascadero City Council Staff Report- City Manager's Office Creation of the Office of Economic Development RECOMMENDATION Council review and comment on a presentation by staff providing an overview of the Office of Economic Development. DISCUSSION In response to the City Council's number one goal, to increase revenues through economic development and stimulate the City's economy, the Atascadero Office of Economic Development was established in December 2008 The office seeks to improve and facilitate the development process in the City of Atascadero, serve as a liaison between the City and business community, act as an ambassador and liaison between the business community and the city, to attract and retain businesses, promote the Atascadero community, and carry out the action steps recommended in the City's soon to be released economic strategy The slogan for the Office of Economic Development is "Committed to Progress, Action, and Prosperity " The Office is directed by Assistant City Manager Jim Lewis (President) and Community Development Director Warren Frace (Vice President) It consists of a variety of key staff from the Public Works, Community Development, Community Services, Police and Fire Departments. In addition to their regular assignments, these "Economic Development Officers" have a distinct role of promoting the community, attracting business, and supporting and contributing to the work plan of the Office The Office has an aggressive work plan for 2009 including • Revising the business license application • New permitting software and features • Creating clearer communications between the City and permit applicants • Coordinate a small business success seminar and other important educational forums 83 ITEM NUMBER. C-3 DATE. 02/10/09 • Revising the permit process to include over-the-counter permits, staff review at the public counter, improved timelines, etc. • Revision of forms and counter materials to make them easier to understand and easier to fill out. • Implementation of a new Fagade Program • A new webpage with relevant information, interactive exhibits and a comment/concerns submittal function • Aggressive marketing campaign and support materials • Review of possible incentives • Implementation of the Economic Development Strategy • Direct support to the Community Development Department to facilitate commercial projects such as Colony Square, The Annex, Wal-Mart, etc • Implementation of the Tourism strategy and attraction of additional hotel properties The Office has several tools to assist it in business promotion activities including information obtained from previous economic forecasts, the Buxton Report, the interactive Buxton web-based program, Scout, Buxton marketing packets, and the "Tools for Business Success" website These tools will be reviewed this evening FISCAL IMPACT It is anticipated the Office of Economic Development will create a net positive fiscal impact to the City The Office will increase City revenues by stimulating economic growth, while costs associated with the creation of the Office, such as staff time and printing costs, are already included in current budget levels 84 ITEM NUMBER: C-4 DATE. 02/10/09 0 rar�P ; ;rr-• . 7119181 rF 1979 Atascadero City Council Staff Report - Community Services Department Request by San Luis Obispo County Board of Supervisors (SLOBOS) for Consent to Create a San Luis Obispo County Tourism Business Improvement District (SLOCTBID) RECOMMENDATION Council adopt the Draft Resolution, authorizing the San Luis Obispo Board of Supervisors to create the San Luis Obispo County Tourism Business Improvement District (SLOCTBID), and granting the San Luis Obispo Board of Supervisors jurisdiction for all the purposes in connection with creation and operation of the proposed SLOCTBID, with input from the lodging businesses and participating cities DISCUSSION The City Council originally heard this report on January 27, 2009 After some discussion, the City Attorney requested that the Council continue this item to give him an opportunity to research the issue more thoroughly This report is now ready for Council consideration On October 10, 2006, the City Council approved the City's participation in a county-wide BID at 1% The effort was not successful county-wide, however, so the endeavor was suspended The BID effort is being revisited at this time, with an increased assessment of 2% Of the total assessment collected, 1% will go to a County selected contractor, such as the SLO Visitors and Conference Bureau (VCB) for Countywide marketing, and 1% will stay in Atascadero to boost marketing for Atascadero The lodging industry, in concert with the San Luis Obispo County Visitors and Conference Bureau (VCB), is interested in establishing a countywide tourism Business Improvement District (BID) that will substantially increase tourism marketing programs for the participating areas, including Atascadero The tourism BID will raise funds for a specific purpose (tourism promotion), create a sustained tourism promotion budget, and enable a significant campaign to be launched that will increase visitor demand The „r VCB believes that with increased competition from Santa Barbara and Monterey Counties, and an unprecedented number of new rooms proposed to be built countywide and occupancies slowly decelerating, the need for additional promotion has never been greater 85 ITEM NUMBER C-4 DATE. 02/10/09 This item initiates the BID formation process by asking the cities of the County to consent to join a countywide BID Informational meetings have already been held for the affected unincorporated areas and participating cities, including Cambria, Cayucos, San Simeon, Arroyo Grande and Atascadero The City of Morro Bay considered participating in the Countywide BID, but decided not to participate, as they are considering forming their own BID and raising the Transient Occupancy Tax (TOT) The City of Arroyo Grande has tabled the issue, as a lodging owner with the most rooms in town has expressed his opposition Formal hearings on the actual formation of a BID will follow at the County level when it has been established which cities are consenting. The formal hearings are the opportunity for protests to be registered The BID is a process set by State law (1989 Parking and Business Improvement Area Law) to allow businesses to raise funds for specific purposes that will benefit those businesses It is not subject to Proposition 218 voting requirements that cover other forms of assessment districts However, a BID proposal is subject to veto by written protest from a "proportional majority" of affected parties Such a majority would be formed by the number of affected business owners who would pay 50% or more of the proposed assessment. This protest opportunity is available once each year for the life of the assessment in addition to the initial process The County, acting as the lead agency, has approved the resolution of request to form the BID within the boundaries of the cities The County of San Luis Obispo would contract with a marketing agency (such as the County VCB, for example) to develop and implement the marketing plan in concert with the lodging industry The BID boundaries would encompass all lodging industry businesses (excluding RV parks) of the unincorporated areas of the County and participating cities that are currently assessed Transient Occupancy Tax (TOT) The assessment would be set at 2% of the nightly room rental revenues and collected in similar fashion to TOT The SLO County VCB staff and the lodging industry have spent many months consulting with lodging owners and believe they have support from the industry, including some major property owners in Atascadero, for this proposal The money raised through the assessment would be applied specifically for marketing purposes with the intent of increasing tourism and, therefore, increasing revenues for the lodging industry, as well as for the participating public agencies through increased TOT The BID assessment would be a legal government levy that can be audited and enforced in the same fashion as taxes such as the TOT Intended Results. As per BID law, those businesses paying the assessment will benefit directly from the increased promotion that will take place as a result of a substantially larger tourism marketing program As tourism in Atascadero increases, so will the taxes paid by visitors in the form of sales tax and TOT, benefits the city will enjoy The onus will be on the SLO County VCB, or other contractor, to meet the expectations of the lodging industry paying the assessment. Measurements will be developed to track effectiveness of the program to ensure the program's viability The ultimate grade will be determined by the lodging industry, as they determine whether or not the benefit is significant enough to continue the assessment on an annual basis 86 ITEM NUMBER C-4 DATE 02/10/09 FISCAL IMPACT If the BID passes, total City of Atascadero BID revenues are estimated to be $80,000 - $100,000 annually Half of this would be spent on county-wide marketing efforts, while the other half would be for City of Atascadero marketing efforts ATTACHMENTS 1 Draft San Luis Obispo County Board of Supervisors Resolution 2 Draft Resolution Giving Consent for BID Formation 87 ..` ..s Attachment 1 IN THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA ----day-------- 2009 PRESENT ABSENT RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO DECLARING ITS INTENTION TO ESTABLISH THE SAN LUIS OBISPO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT (SLOCTBID), DECLARING ITS INTENTION TO LEVY AN ASSESSMENT ON LODGING BUSINESSES WITHIN SUCH DISTRICT, AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the San Luis Obispo County Lodging Steering Committee in conjunction with the San Luis Obispo County Visitors&Conference Bureau ("SLOCVCB") supports the Board of Supervisors of the County of San Luis Obispo (the "Board of Supervisors") establishing the San Luis Obispo County Tourism Business Improvement District ("SLOCTBID") and levying an annual assessment on lodging businesses, which include hotels, motels, bed and breakfasts, and vacation homes within the proposed SLOCTBID, and WHEREAS, the Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Section 36500 et seq , authorizes counties to establish business improvement areas for the purpose of promoting tourism, and WHEREAS, the city councils of the Cities of Morro Bay, Atascadero and Arroyo Grande have consented to the creation of the SLOCTBID, and WHEREAS, lodging businesses within the proposed SLOCTBID have requested the Board of Supervisors establish such an improvement area NOW THEREFORE, the Board of Supervisors of the County of San Luis Obispo does hereby resolve, determine and find as follows Section 1. The recitals set forth herein are true and correct. Section 2 The Board of Supervisors declares its intention to establish the San *'"r Luis Obispo Tourism Business Improvement District ("SLOCTBID") and to levy and 89 collect annual assessments against lodging businesses within the SLOCTBID boundaries pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq (the "Law"), commencing thirty (30) days after approval of the ordinance establishing the SLOCTBID Section 3 The boundaries of the SLOCTBID shall be the boundaries of the County of San Luis Obispo and the cities of Atascadero, Morro Bay and Arroyo Grande Section 4. The name of the business improvement area shall be the "San Luis Obispo County Tourism Business Improvement District." Section 5. The Board of Supervisors hereby declares that the types of improvements and activities to be funded by the levy of assessments against lodging businesses within the SLOCTBID are tourism promotions and marketing programs to promote San Luis Obispo County as a tourism destination and projects, programs, and activities that benefit lodging businesses located and operating within the boundaries of the district. The proposed improvements and activities shall be targeted at increasing transient stays Section 6. Except where funds are otherwise available, an assessment will be levied annually against lodging businesses to pay for the improvements and activities within the SLOCTBID commencing thirty (30) days after approval of the ordinance establishing the SLOCTBID Assessments will be collected in monthly installments or such other installments as determined by the Board of Supervisors The proposed assessment is to be levied on all lodging businesses, which include hotels, motels, bed and breakfasts, and vacation homes, within the SLOCTBID boundaries based upon of the rent charged by the operator per occupied room per night for all transient occupancies Federal government employees on government business will be exempt from the levy of assessment. Extended stays, defined as more than 30 consecutive calendar days, shall be exempt from the levy of assessment. New lodging businesses within the boundaries of the SLOCTBID shall not be exempt from the levy of assessment. Assessments levied pursuant to the SLOCTBID shall not be included in gross room rental revenue for the purpose of determining the amount of the transient occupancy tax. Section 7. The Board of Supervisors hereby sets as the date for a public meeting on the establishment of the SLOCTBID and the levy of assessments and as the date for a public hearing on the establishment of the SLOCTBID and the levy of assessments Both the public meeting and the public hearing will be held at 9 00 a.m , or as soon thereafter as practicable, in the County of San Luis Obispo, Board Chambers, 1055 Monterey Street, San Luis Obispo, California. Section 8. At the public meeting and public hearing the testimony of all interested persons for or against the establishment of the SLOCTBID, the extent of the SLOCTBID, or the furnishing of specified types of improvements or activities will be heard A protest may be made orally or in writing by any interested person Any protest pertaining to the regularity or sufficiency of the proceedings shall be in 90 writing and clearly state the irregularity or defect to which objection is made To count in the determination of a majority protest against the SLOCTBID, a protest must be in writing Written protests must be received by the Clerk of the Board, County of San Luis Obispo before the close of the public hearing scheduled herein and may be delivered or mailed to the Clerk of the Board, County of San Luis Obispo, 1055 Monterey Street, Suite D120, San Luis Obispo, California. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing Each written protest shall contain a written description of the business in which the person signing the protest is interested sufficient to identify the business If the person signing the protest is not shown on the official records of the County of San Luis Obispo as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business A written protest which does not comply with this section shall not be counted in determining a majority protest. Section 9. If, at the conclusion of the public hearing, protests are received from the owners of businesses in the proposed SLOCTBID which will pay fifty percent (50%) or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protest to less than fifty (50%) percent (i e , there is a majority protest), no further proceedings to create the SLOCTBID, as contained in this resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the Board of Supervisors If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the SLOCTBID, those types of improvements or activities shall be eliminated Section 10. Further information regarding the proposed SLOCTBID may be obtained from the Clerk of the Board, County of San Luis Obispo, 1055 Monterey Street, Suite D120, San Luis Obispo, California. Section 11. The Clerk of the Board is instructed to provide notice of the public meeting and public hearing in accordance with law Section 12. This resolution shall take effect immediately upon its adoption by the Board of Supervisors, and the Clerk of the Board shall certify to the vote adopting this resolution PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of San Luis Obispo, State of California, held on this day of , 2009 by the following vote Upon motion of Supervisor , seconded by Supervisor and on the following roll call, to wit: AYES NOES 91 ABSENT ABSTAINING the foregoing resolution is hereby adopted COUNTY OF SAN LUIS OBISPO BY Chairperson, Board of Supervisors ATTEST By. Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT WARREN R JENSEN County Counsel By- Assistant County Counsel Date 1400 92 Attachment 2 WW DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, STATE OF CALIFORNIA, GRANTING CONSENT TO THE COUNTY OF SAN LUIS OBISPO TO FORM THE SAN LUIS OBISPO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT (SLOCTBID) WHEREAS, the County of San Luis Obispo is beginning the process to establish a San Luis Obispo County Tourism Business Improvement District (SLOCTBID) pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq , to promote tourism and the lodging businesses in San Luis Obispo County; and, WHEREAS, the Board of Supervisors of the County of San Luis Obispo has requested consent to create the SLOCTBID, at an assessment of 2%, in the unincorporated areas of Cambria, Cayucos and San Simeon, and the cities of Arroyo Grande and Atascadero with adoption of the proposed Resolution to be brought before the Board of Supervisors on Tuesday, March 17, 2009 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero that: Section 1. The above recitals are true and correct. Section 2. The City Council consents to the County of San Luis Obispo forming the San Luis Obispo County Tourism Business Improvement District, which District shall include the City of Atascadero Section 3. The City Clerk is hereby directed to transmit a certified copy of this Resolution, to the Clerk of the County of San Luis Obispo Board of Supervisors Section 4. This Resolution is effective upon its adoption. Now 93 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- CITY OF ATASCADERO By- Ellen Beraud,Mayor ATTEST Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM. Brian A. Pienk, City Attorney 94 ITEM NUMBER. C-5 DATE. 2/10/2009 n e ■� va 1918 � 1978 Atascadero City Council Staff Report - Public Works Department Wrestling Bacchantes - Location Selection Process RECOMMENDATION Council endorse the location selection process and provide decision parameters relevant to the future placement of the Wrestling Bacchantes DISCUSSION Background. The sculptured group known as the Wrestling Bacchantes was created by Italian artist Petrilla and exhibited at the 1904 World's Fair by the Italian Government. It was then purchased by Atascadero Founder E G Lewis for display in the Atascadero Colony Civic Center They were displayed at various locations in the Civic Center prior to their most recent installation in the Sunken Gardens Ethos, a well respected art conservation firm located in Cambria, was contracted to evaluate the statue, resulting in the 2004 Condition Assessment Report and Conservation Treatment Proposal The report described in detail the condition of the statue and the various factors that had contributed to their deterioration Factors such as rain, temperature fluctuations and water condensation, microbiological growth, road vibrations, and vandalism all contributed to the deterioration Additionally, previous restorations had created stress points which over time resulted in cracks in the original marble On December 12, 2006, the Atascadero Community Redevelopment Agency awarded a contract for $235,100 to Ethos for the restoration and conservation of the Wrestling Bacchantes The restoration is currently well underway at the Ethos studio in Cambria. It is anticipated that the restoration will be complete and the statue ready for return in summer 2009 Analysis. A decision to return the Bacchantes to their previous location in the Sunken Gardens or to relocate the statue to an alternate location needs to be made well in r advance of their scheduled return 95 ITEM NUMBER. C-5 DATE. 2/10/2009 Relevant issues to consider for the future placement of the Wrestling Bacchantes include, but are not limited to • Costs associated with the display • Best viewing location and/or housing • Public exposure • Indoors or outdoors • Size and weight of the statue • Protection against vandalism • Protection from the environment Staff suggests that a process be established to determine a publicly-owned location for the renovated statue A public participation process through the Parks and Recreation Commission is recommended and outlined in Exhibit A. Staff also recommends that the City Council establish criteria and parameters regarding the potential future location of the completed statue so that staff can focus efforts on viable locations that would garner future City Council and community support. Staff is requesting Council direction on criteria relevant to the future placement of this Wrestling Bacchantes and listed in the conclusion below Conclusion. Staff recommends that the City Council approve the Statue Location Determination process and provide direction regarding the parameters and criteria for the search process Staff requests direction regarding the following items 1 Indoors, outdoors or consider both? 2 If outdoors, then should the structure be covered or exposed? • (The restored statue will be coated for potential outdoor display conditions. A consolidation/coating will be applied to the restored statue that will help to protect the marble from pollution and rain (actually changing the chemistry of the marble so that it is less soluble or absorbent) 3 Consider downtown locations only, or citywide options. 4 Financial constraints • Limit funds to existing allocation after renovation costs • Increase or reduce funding for this project based on Council direction o Per previous City Council policy, if the Council recommends an increase of funding for this project, staff requests direction regarding the source of funding from a project to be reduced, deleted, or postponed FISCAL IMPACT Funding will be needed to administer the process and to complete an engineer's estimate of the construction cost for the various display options suggested. The 2007- 2009 Budget currently has $ 51,980 00 that is unencumbered for the Project. If additional funding for the selected display is necessary, staff will bring it back to Council to determine which projects should be reduced, deleted, or postponed 96 ITEM NUMBER C-5 DATE. 2/10/2009 `syr•► ALTERNATIVES 1 Council make determination now to return the statue to its former locations in the Sunken Gardens 2 Direct staff to evaluate and make recommendations directly to the Council at a future meeting 3 Refer the statue relocation process directly to the Parks and Recreation Commission for a recommendation 4 Select an option not listed ATTACHMENTS Exhibit A — Recommended Statue Location Determination Process Exhibit B - Photographs of the Wrestling Bacchantes 97 ITEM NUMBER C-5 DATE 2/10/2009 EXHIBIT A RECOMMENDED STATUE LOCATION DETERMINATION PROCESS 1 Staff to establish a list of potential statue locations based on parameters determined by the City Council Suggested parameters will be discussed below 2 Direct the Parks and Recreation Commission to appoint Wrestling Bacchantes Relocation Panel members representative of the following a Parks and Recreation Commissioner b Representative of Ethos c Historical Society Member d Atascadero Main Street representative e Planning Commission member f Public Works Department staff member g Public member at large 3 Conduct a Public Forum and Workshop hosted by the Wresting Bacchantes Relocation Panel to include the following elements a. A presentation made by Ethos outlining display and care recommendations Ethos' participation in the workshop is key when considering the care and preservation of this important piece of Atascadero history b Staff presentation of the list of potential statue locations with pros and cons of each, along with financial constraints c Conduct a ratings exercise with the Workshop participants, ranking the potential locations d Ad Hoc Committee members to make a recommendation to the Parks and Recreation Commission of the top three potential locations 4 Staff will evaluate the top three recommended sites and prepare a feasibility report on each based on factors including cost, protection, environmental impacts, and physical constraints 5 Parks and Recreation Commission will make a recommendation to Council after considering staff evaluation 6 City Council consideration and approval 98 ITEM NUMBER C-5 D 2/10/2009 EXHIBIT B The Wrestling Bacchantes arrive in Cambria T}lestatpc-is cnz erce�with 99 i 7 vzicroixiolo3ic[11gYo1.vthatilt, _ Yllst staixls,etc-eve n Soule c 83 . . npd�}1�ffiti.lhexeaTea}sa .. }�I eSellt}GnC11ll11C11 ni OTC: extensively then initially A101i�}ht)58VC dt311t2yeYS 0{ w�lite}>a irlt,�m©ting which wrls}1lesunxa}��y eyx}3�iex.}to -���er t}��•�xlxx�e.Th<,ref�,re,tiTe }irststo�c.u,{cansc=Yvntion consistso�cic.aniv�,usipg }7f llitt)Tily 4}1CIlC7il ST('£1131'y �enelG�t0l ftti�]llC}SO1 VGntS N'llGyle pCCC',:S{17 y.1X'CExi15C the 111(211)}e i((5,p s77odne a�l7a�es in#Qil ly IIQ�iIt'_C'OT1C}it1011�(-..1(2C�S'(�. 7 aclttlniuextin�;.olscdtitched}. 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