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Agenda Packet 051110
rangy ; ; r � �1911��1 �r ri 19 8 CITY OF A TA SCA DERO CITY COUNCIL AGENDA Tuesday, May 11, 2010 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session- 5 45 P M City Council Regular Session 6.00 P M. CITY COUNCIL CLOSED SESSION 5 45 P M. 1 PUBLIC COMMENT— CLOSED SESSION 2. CALL TO ORDER a. Conference with Labor Negotiators(Govt. Code Sec 54957 6) Agency designated representatives Wade McKinney, City Manager Employee Organizations Atascadero Firefighters Bargaining Unit; Atascadero Police Association, Service Employees International Union, Local 620; Mid-Management/Professional Employees, Non-Represented Professional and Management Workers and Confidential Employees 3. ADJOURN CLOSED SESSION REPORT 1 CITY COUNCIL REGULAR SESSION 6 00 P M. PLEDGE OF ALLEGIANCE. Mayor Pro Tem O'Malley Y ROLL CALL. Mayor Fonzi Mayor Pro Tem O'Malley Council Member Beraud Council Member Clay Council Member Kelley 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 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 Meeting Draft Minutes — April 13, 2010 ■ Recommendation. Council approve the Draft Meeting Minutes of April 13, 2010 [City Clerk] 2. March 2010 Accounts Payable and Payroll ■ Fiscal Impact: $1,413,541.25 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for March 2010 [Administrative Services] 2 3. Transit Center Engineering Design Contract Award (Contract for Professional Services) ■ Fiscal Impact: Not to exceed $71,972.00 SLOCOG has committed Proposition 1 B funding for the design of the project ■ Recommendation. Council authorize the City Manager to execute a contract with Wallace Group, Incorporated to design the Transit Center improvements for an amount not to exceed $71,972.00 [Public Works] UPDATES FROM THE CITY MANAGER (The City Manager will give an oral report on any current issues of concern to the City Council ) 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 1 Weed Abatement— Hearing of Objections ■ Fiscal Impact: The costs and revenues associated with the Weed Abatement Program vary from year to year and are dependent on property owner non-compliance The fees are placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2010-2011 Tax Roll ■ Recommendations. Council- 1 Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections, and, 2 Authorize the Fire Chief to proceed and perform the work of abatement. [Fire] 3 C MANAGEMENT REPORTS 1 PLN 2009-1341 -- CUP 2009-0244 / RAB 2010-0019 Conditional Use Permit for a 10 Screen Movie Theater / Retail / Restaurant building Request to Summarily Vacate a Portion of Atascadero Mall Ave. and EI Camino Real -- 6320 - 6490 EI Camino Real (Hoff/Wysong) ■ Fiscal Impact: The applicant shall pay all fees and expenses to abandon the Right-of-Way City Council will be considering issues regarding right-of-way compensation and final terms of the property transfer The theater and retail portions of the project will be revenue positive to the City regarding sales tax and property tax increases ■ Recommendations. Planning Commission Recommends the City Council 1 Adopt Draft Resolution A approving Road Abandonment 2010-0019 to summarily vacate a 10-foot wide road and landscape easement along the EI Camino Real right-of-way, and a portion of Atascadero Mall Ave based on findings and subject to conditions of approval, and, 2. Adopt Draft Resolution B approving a Conditional Use Permit, height waiver, and Tree Removal Permit for the La Plaza Theater project based on findings and subject to conditions [Community Development] 2. Bond Finance Team ■ Fiscal Impact: The fiscal impact of awarding the contracts is dependent upon the type and face value of the bonds being issued The estimated total underwriting and bond counsel fees for a $16 million bond issue is approximately $250,000 These fees are due only upon sale of the bond and will be paid from bond proceeds ■ Recommendations. Council 1 Authorize the City Manager to execute an agreement with Piper Jaffray for underwriting services and, 2 Authorize the City Manager to execute an agreement with Quint & Thimmig for bond counsel services [Administrative Services] 3. On-site Alcohol Sales License Determination of Public Convenience : PLN onvenience - PLN 2010-1363 -- 6917 EI Camino Real, Suite C "Galaxy Theater" (Colony Square, LLC/Galaxy Theater) ■ Fiscal Impact: Slight positive fiscal impact expected from increased sales tax. ■ Recommendation. Council adopt Draft Resolution A finding that a public convenience would be served by allowing the issuance of an on-site sale of beer and wine license for the Galaxy Theater, a new establishment located at 6917 EI Camino Real (Colony Square) [Community Development] 4 4. Atascadero Trail and Restoration Grant Status ■ Fiscal Impact: There is no fiscal impact to receive and file this report. ■ Recommendation. Council receive and file staff report on the current status of the Atascadero Trail Project Grant. [Public Works] 5. Stadium Park Fire Study ■ Fiscal Impact: None ■ Recommendation. Council receive and file this report on the grant staff received for the purpose of conducting a fire study for Stadium Park. [Fire] 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 Fonzi 1 Air Pollution Control District 2. County Mayors Round Table 3 Economic Vitality Corporation, Board of Directors (EVC) Mayor Pro Tem O'Malley 1 League of California Cities — Council Liaison and CITIPAC Board Member 2. SLO Council of Governments, President (SLOCOG) 3 SLO Regional Transit Authority, President (SLORTA) Council Member Beraud 1 City/ Schools Committee 2 Homeless Services Oversight Council 3 Integrated Waste Management Authority (IWMA) Council Member Clay 1 City/ Schools Committee Council Member Kelley 1 Atascadero State Hospital Advisory Committee 2 Atascadero Youth Task Force 5 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 May 11, 2010 Regular Session of the Atascadero City Council was posted on May 4, 2010 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 4th day of May, 2010, at Atascadero, California. a r Victoria Randall, Deputy City Clerk City of Atascadero 6 City of Atascadero WELCOME TO THE ATASCADERO 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 videotaped 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 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 approach the lectern and be recognized. 1 Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes 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 This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council) 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(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 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 must be brought to the meeting on a USB drive or CD 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 �kwe by the Council 7 J J ITEM NUMBER A- 1 DATE. 05/11/10 rW- I laig�I r rr r to s CITY OF ATASCA DERO CITY COUNCIL DRAFT MINUTES Tuesday, April 13, 2010 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session 5.00 P M City Council Regular Session 6 00 P M CITY COUNCIL CLOSED SESSION 5 00 P M. Mayor Pro Tem Tom O'Malley called the meeting to order at 5 00 p m 1 PUBLIC COMMENT— CLOSED SESSION - None 2. CALL TO ORDER a. Conference with Labor Negotiators(Govt. Code Sec 54957 6) Agency designated representatives Wade McKinney, City Manager Employee Organizations Atascadero Firefighters Bargaining Unit; Atascadero Police Association, Service Employees International Union, Local 620, Mid-Management/Professional Employees, Non-Represented Professional and Management Workers and Confidential Employees CC Draft Meeting Minutes of April 13, 2010 Page 1 of 9 8 ITEM NUMBER A- 1 DATE 05/11/10 3. ADJOURN CLOSED SESSION REPORT City Attorney Brian Pierik announced that there was no reportable action taken CITY COUNCIL REGULAR SESSION 6 00 P M Mayor Pro Tem O'Malley called the meeting to order at 6 00 p m and Council Member Kelley led the Pledge of Allegiance ROLL CALL. Present: Council Members Clay, Kelley, Beraud and Mayor Pro Tem O'Malley Absent: Mayor Fonzi Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Community Development Director Warren Frace, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA. Roll Call MOTION By Council Member Beraud and seconded by Council Member Kelley to approve the agenda. Motion passed 4.0 by a roll-call vote. PRESENTATION 1 Recognition of Greg Hind of the Hind Foundation for a $37,500 gift to the Zoo Ken Brokamp, Zoo Society Director, gave a summary of the Hind Foundation He thanked Greg and Jane Hind for their contribution CC Draft Meeting Minutes of April 13, 2010 Page 2 of 9 9 ITEM NUMBER A- 1 DATE. 05/11/10 A. CONSENT CALENDAR 1 City Council Meeting Draft Minutes — March 9, 2010 ■ Recommendation. Council approve the Draft Meeting Minutes of March 9, 2010 [City Clerk] 2. City Council Special Joint Meeting Draft Minutes — March 11, 2010 ■ Recommendation. Council approve the Draft Special Joint Meeting Minutes of March 11, 2010 [City Clerk] 3. February 2010 Accounts Payable and Payroll ■ Fiscal Impact: $1,999,34511 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for February 2010 [Administrative Services] 4 Second Reading of Draft Ordinance to Prohibit Medical Marijuana Facilities ■ Fiscal Impact. None ■ Recommendation. Council adopt on second reading, by title only, the draft Ordinance amending Chapter 13 of Title 5, and repealing subsection (s) of section 9-3.233, conditional uses, of the Atascadero Municipal Code, to prohibit medical marijuana facilities [City Attorney] law 5. Proposed Charles Paddock Memorial Statue ■ Fiscal Impact: The project will be funded through community donations Maintenance costs are to be determined by input from the artist. ■ Recommendation. The Parks and Recreation Commission recommends Council approve the proposed Memorial statue, in honor of the late Charles Paddock, to be located in the new entry plaza of the Zoo [Community Services] 6. Supplemental Law Enforcement Services Fund ■ Fiscal Impact: The City will receive the $100,000 grant of SLESF restricted funds and will utilize it for frontline police services ■ Recommendations. Council 1 Designate and approve spending plan for $100,000 of 2009/2010 Supplemental Law Enforcement Services Fund (SLESF) monies to be used for frontline police services, and, 2 Approve re-allocation of $27,380 in encumbered 2008/2009 SLESF funds to be utilized for the purchase of a Communications Center upgrade (Call Logger) [Police] CC Draft Meeting Minutes of April 13, 2010 Page 3 of 9 10 ITEM NUMBER A- 1 DATE. 05/11/10 7 Award for the Wastewater Electronic Control and Monitoring System Project Phase I - City Bid No. 2010-01 ftw ■ Fiscal Impact. Approval of this agreement will result in the expenditure of $216,383 00 previously budgeted for this capital improvement project. ■ Recommendation. Council authorize the City Manager to execute an agreement with Electricraft Inc in the amount of $216,383 00, for the Treatment Plant Master Control Improvement Project. [Public Works] 8. Landscape and Lighting District Maintenance Services Award - Apple Valley and De Anza Estates ■ Fiscal Impact: The majority of these maintenance costs will be paid for by assessments on property owners in the districts, however, the City of Atascadero is responsible for 50% of the cost for maintaining the open space and trails in the De Anza Estates LLA and 50% of the cost for maintaining the park in the Apple Valley LLA. The City of Atascadero annual contributions will be $708 00 per year and $6,810 00 of budgeted funds per year respectively ■ Recommendation. Council authorize the City Manager to execute an agreement with Madrone Landscapes, Inc , for landscape maintenance services in the Apple Valley and De Anza Estates Landscape and Lighting Assessment Districts [Public Works] 9 Sanitary Sewer Cleaning and Video Services Award - City Bid No. 2009-013 ■ Fiscal Impact: Approval of this agreement will result in the expenditure of $180,000 of previously allocated project funds and an additional $19,980 00 from the Wastewater Reserve Fund ■ Recommendations. Council 1 Authorize the City Manager to execute an agreement with Mark Simon Sewer Maintenance in the amount of $199,98000 for the Sanitary Sewer Cleaning and Video Services Project; and, 2 Authorize the Administrative Service Director to appropriate an additional $19,980 00 from Wastewater Reserve Fund to the Sanitary Sewer Cleaning and Video Services project account. [Public Works] Council Member Kelley asked the City Attorney to confirm that he does not have a financial conflict on Item #A-5 Mr Pierik stated that Council Member Kelley may vote on Item #A-5 Eric Greening asked to have Item #A-4 pulled for discussion CC Draft Meeting Minutes of April 13, 2010 Page 4 of 9 11 ITEM NUMBER A- 1 DATE. 05/11/10 MOTION By Council Member Kelley and seconded by Council Member Clay to approve Items #1, 2, 3, 5, 6, 7, 8, and 9 of the Consent Calendar Motion passed 4.0 by a roll-call vote. (#A-7 Contract No. 2010- 005, #A-8. Contract No. 2010-006, #A-9 Contract No. 2010-007) Item #4 Mr Greening asked what the definition is for a primary care giver PUBLIC COMMENT Warren J Sarvis III, SLO County ASA, informed the Council on details of Senate Bill 420 He expressed his opposition to this ordinance Rich Donald, Chairman of ASA, thanked the Council for the added language to the ordinance He expressed his concern that some patients are not in need of a care giver, but still need someone to deliver to them Mayor Pro Tem O'Malley closed the Public Comment period. City Attorney Brian Pierik responded that the definition of a primary care giver is the individual designated by the person, exempted under California Health and Safety Code Section 11362 5 of the Health and Safety Code, who has consistently assumed responsibility for the housing, health, or safety of that person Council Member Beraud asked the Police Chief what type of paperwork does a primary care giver need to have in their possession while delivering marijuana to a patient. Chief Mulhall responded by stating the person in question needs to be able to prove their status as a primary care giver The police officer should be able to make an informed decision if the person in question is a primary care giver MOTION By Council Member Kelley and seconded by Council Member Clay to adopt on second reading, by title only, the draft Ordinance amending Chapter 13 of Title 5, and repealing subsection (s) of section 9-3.233, conditional uses, of the Atascadero Municipal Code, to prohibit medical marijuana facilities. Motion passed 4.0 by a roll-call vote. (Ordinance #549) UPDATES FROM THE CITY MANAGER City Manager Wade McKinney gave the following updates • Wal-Mart and Annex project has been submitted and Staff is reviewing the applications The City Council and Planning Commission will have a joint meeting to conduct a scoping session on May 25th at 6 00 p m in place of the regular City Council meeting CC Draft Meeting Minutes of April 13, 2010 Page 5 of 9 12 ITEM NUMBER A- 1 DATE. 05/11/10 • Colony Square continues to move ahead He explained that 15 people including 3 Council Members, 2 Planning Commissioners, Chamber representatives, Main Street members, and the media were invited to Galaxy Theatres in Tulare for a tour The City rented a van and drove everyone to Tulare for a tour of the Galaxy Theatre in Tulare, including a demonstration of the types of services they will be offering here in Atascadero The presentation was top notch and very impressive • Council Member Kelley agreed with the City Manager that he thoroughly enjoyed the theater tour and was very impressed by their operation He said it was an eye-opener and that he was glad that he went. • Council Member Kelley asked the City Manager to explain about the format of the upcoming scoping meeting on May 25th Mr McKinney explained that it will be divided into two separate sections, 1) Information about the project itself, and getting all parties to agree on the project description, and 2) EIR — An Initial Study is required which reviews a variety of environmental and economic considerations about the effects of the project. In this Scoping Session, the Council and Planning Commission will be deciding what level of information will be required to be included in the EIR • Mayor Pro Tem O'Malley commented that he also enjoyed the trip to Tulare to tour the Galaxy Theatre Not only did he enjoy the tour, he also appreciated the presentations made by business leaders in Tulare that spoke highly of the Theatre project. COMMUNITY FORUM Len Colamarino stated that he is disappointed about the FEMA denial of the City's appeal to them He asked for an update on this issue Beverly Aho announced that the Colony Home Tour has 3 new homes this year The Tour is on April 24th Joanne Main, Atascadero Chamber, announced that the Chamber Mixer this Thursday is at the Portola Inn, owned by Tom & Peggy O'Malley She also invited everyone to the upcoming Zoo Accreditation Celebration and the Chamber Empower Hour Jules Karkaneg stated he is curious what the City is doing concerning SB695 Ratepayers Choice Act. William J Sarvis III stated that the City of Atascadero has a methadone clinic He asked why a methadone clinic is okay but not a medical marijuana facility Janet Stanley stated she doesn't understand why people would use marijuana for pain Mayor Pro Tem O'Malley closed the COMMUNITY FORUM period. CC Draft Meeting Minutes of April 13, 2010 Page 6 of 9 13 ITEM NUMBER A- 1 DATE. 05/11/10 Mr McKinney responded to the questions asked during Community Forum • FEMA did deny the City's appeal He stressed that the $43 million project assumed that the appeal would be denied This denial does not change the project. We are still working with FEMA to resolve our differences • SB965 — Staff is exploring this issue, however, none of the cities in San Luis Obispo County are participating in this program at this time B PUBLIC HEARINGS None. C MANAGEMENT REPORTS 1 Request to Place '/a Scale Replica of S-44 Submarine, Lakeside, at Atascadero Lake Park (Reeves) ■ Fiscal Impact: There is no fiscal impact to the City related to the trial submarine installation, as all expenses related to this proposal would be the responsibility of Lloyd Reeves The City would benefit from an undetermined increase in shared rental proceeds from the submarine ■ Recommendation. The Parks and Recreation Commission recommends that Council approve a request by Lloyd Reeves, the Atascadero Lake Boat Rental Concessionaire, to place a 1/a scale replica of a 1928 S-44 yam, US Submarine, on a trial basis, for tours at Atascadero Lake [Community Services] Community Services Director Brady Cherry gave the staff report and answered questions from the Council Lloyd Reeves asked for a 90-day trial period to give him time to work with the schools for student learning. He answered questions from the Council PUBLIC COMMENT Dan Chacon stated that this is a very interesting idea. He is concerned about the safety of the submarine Mayor Pro Tem O'Malley closed the Public Comment period. Lloyd Reeves and Staff responded to additional questions MOTION By Council Member Kelley and seconded by Council Member Clay to approve a request by Lloyd Reeves, the Atascadero Lake Boat Rental Concessionaire, to place a '/a scale replica of a 1928 S-44 US Submarine, on a trial basis of 120 days, for tours at Atascadero Lake CC Draft Meeting Minutes of April 13, 2010 Page 7 of 9 14 ITEM NUMBER A- 1 DATE 05/11/10 There was more Council discussion MOTION By Council Member Kelley and seconded by Council Member ter/ Beraud to approve a request by Lloyd Reeves, the Atascadero Lake Boat Rental Concessionaire, to place a '/a scale replica of a 1928 S-44 US Submarine, on a trial basis of 90 days, for tours at Atascadero Lake. Motion passed 4.0 by a roll-call vote. 2. Proposed Quitclaim Deed to Be Executed by the City Regarding the Current Library Property located at 6850 Morro Road, Atascadero ■ Fiscal Impact: None ■ Recommendation. Council authorize the City Manager to execute the Quitclaim Deed proposed by the County of San Luis Obispo regarding the current Library Property [City Attorney] City Attorney Brian Pierik gave the staff report and answered questions from the Council Council Member O'Malley stated that he and all Council Members received an email from Grenda Ernst stating her support for Staff's recommendation PUBLIC COMMENT Jim Patterson, 5th District Supervisor, recommended the Council approve the Staff's recommendation Eileen O'Grady, VP of Friends of the Library, expressed her support for Staff's recommendation Len Colamarino stated his support for the Friends of the Library and the County for their efforts He encouraged the Council to approve Staff's recommendation Mayor Pro Tem O'Malley closed the Public Comment period. MOTION By Council Member Clay and seconded by Council Member Kelley to authorize the City Manager to execute the Quitclaim Deed proposed by the County of San Luis Obispo regarding the current Library Property Motion passed 4.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS Council Member Kelley commended Staff on the Restaurant Stimulus Program CC Draft Meeting Minutes of April 13, 2010 Page 8 of 9 15 ITEM NUMBER A- 1 DATE. 05/11/10 D COMMITTEE REPORTS Council Member Kelley Attended the World Cafe Meeting at the High School It was a discussion with students of their concerns within the community E. INDIVIDUAL DETERMINATION AND / OR ACTION City Attorney a. Update on Downtown Zoning Mr Pierik reported that the City may restrict tattoo parlors and other businesses to specific zones Also, the City may impose a moratorium on any new tattoo parlors while the City is studying the issue The City may adopt an Ordinance to ban tattoo parlors within in City PUBLIC COMMENT None City Manager a. Commission Attendance Reports F ADJOURNMENT Mayor Pro Tem O'Malley adjourned the meeting at 7 38 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk/ Assistant to the City Manager CC Draft Meeting Minutes of April 13,2010 Page 9 of 9 16 17 ITEM NUMBER A- 2 DATE 05/11/10 ` iaia ie Atascadero City Council Staff Report - Administrative Services Department March 2010 Accounts Payable and Payroll RECOMMENDATION Council approve certified City accounts payable, payroll and payroll vendor checks for March 2010 DISCUSSION Attached for City Council review and approval are the following Payroll Dated 03/04/10 Checks # 27681 - 27714 $ 21,140 13 Direct Deposits 234,150 52 Dated 03/18/10 Checks # 27715 - 27753 24,048 81 Direct Deposits 236,297 29 1111W Accounts Payable Dated 03/01/10-03/31/10 Checks # 123849 - 124187 & EFTs 812 - 819 897,904 50 TOTAL AMOUNT $ 1,413,541 25 FISCAL IMPACT Total expenditures for all funds is $ 1,413,541.25 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demand z C Rachel a Rickard, Director of Administrative Services ATTACHMENT March 2010 Eden Warrant Register in the amount of $ 897,904 50 18 City of Atascadero Disbursement Listing For the Month of March 2010 Check Check Number Date Vendor Description Amount 123849 03/05/2010 ATASCADERO FIRE EMPLOYEE ASSN Payroll Vendor Payment 63000 123850 03/05/2010 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 4000 123851 03/05/2010 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 99000 123852 03/05/2010 FLEX-PLAN SERVICES INC Payroll Vendor Payment 2,48616 123853 03/05/2010 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9 350 77 123854 03/05/2010 KENNEDY CLUB FITNESS Payroll Vendor Payment 42500 123855 03/05/2010 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 49076 123856 03/05/2010 SEIU LOCAL 620 Payroll Vendor Payment 83308 123857 03/05/2010 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311 61 123858 03/05/2010 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,66889 123859 03/05/2010 ALLSTATE WORKPLACE DIVISION Payroll Vendor Payment 4,76964 123860 03/05/2010 CSAC EIA Payroll Vendor Payment 1 19886 123861 03/05/2010 MEDICAL EYE SERVICES Payroll Vendor Payment 1 666 18 123862 03/05/2010 PREFERRED BENEFITS INSURANCE Payroll Vendor Payment 8,607.28 123863 03/05/2010 SDRMA Payroll Vendor Payment 121,456 93 812 03/09/2010 RABOBANK, N.A. Payroll Vendor Payment 40 195 09 813 03/09/2010 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTED Payroll Vendor Payment 83,457 62 814 03/09/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 12,061 50 815 03/09/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 1,277.2' 123864 03/12/2010 A&T ARBORISTS INC Accounts Payable Check 15000 123865 03/12/2010 ACTION TOWING& RECOVERY LLC Accounts Payable Check 5000 123866 03/12/2010 ACTIVE MEDICAL&SAFETY Accounts Payable Check 11908 123867 03/12/2010 AECOM USA, INC Accounts Payable Check 4,62645 123868 03/12/2010 KEITH AGGSON Accounts Payable Check 41500 123869 03/12/2010 AGP VIDEO INC Accounts Payable Check 4,24000 123870 03/12/2010 TREVOR R.AGUILAR Accounts Payable Check 9600 123871 03/12/2010 AK&COMPANY Accounts Payable Check 1 75000 123872 03/12/2010 ALL ABOUT PRODUCE INC Accounts Payable Check 412.45 123873 03/12/2010 ALL SIGNS AND GRAPHICS LLC Accounts Payable Check 14289 123874 03/12/2010 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 17615 123875 03/12/2010 AMERICAN MARBORG Accounts Payable Check 5369 123876 03/12/2010 AQUAMARK POOL CARE Accounts Payable Check 39806 123877 03/12/2010 ARAMARK UNIFORM SERVICES Accounts Payable Check 38687 123878 03/12/2010 AT&T Accounts Payable Check 61.29 123879 03/12/2010 AT&T Accounts Payable Check 68435 123880 03/12/2010 AT&T Accounts Payable Check 141 08 123881 03/12/2010 ATASCADERO COMMUNITY Accounts Payable Check 31 13300 123883 03/12/2010 ATASCADERO MUTUAL WATER CO Accounts Payable Check 1,79360 123884 03/12/2010 ATASCADERO NEWS Accounts Payable Check 250 Ott 19 City of Atascadero Disbursement Listing For the Month of March 2010 Check Check 'umber Date Vendor Description Amount "123885 03/12/2010 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 57600 123886 03/12/2010 JENAMARIE P BAIRD Accounts Payable Check 28 00 123887 03/12/2010 BANK OF NEW YORK MELLON Accounts Payable Check 2,38500 123888 03/12/2010 DEVIN J BARBER Accounts Payable Check 10800 123889 03/12/2010 KYLE S BARBER Accounts Payable Check 112.00 123890 03/12/2010 BASSETT'S CRICKET RANCH INC Accounts Payable Check 33 95 123891 03/12/2010 SHELLY BRADY Accounts Payable Check 6000 123892 03/12/2010 GREGORY A. BRAZZI Accounts Payable Check 7500 123893 03/12/2010 BUMPER 2 BUMPER Accounts Payable Check 30000 123894 03/12/2010 BURTON'S FIRE, INC Accounts Payable Check 1 34489 123895 03/12/2010 C3 CONSTRUCTION& DEVELOPMENT Accounts Payable Check 29,164 63 123896 03/12/2010 CAL-COAST MACHINERY INC Accounts Payable Check 600 123897 03/12/2010 CALPORTLAND Accounts Payable Check 2,03970 123898 03/12/2010 BRADY CHERRY Accounts Payable Check 30000 123899 03/12/2010 CHICAGO GRADE LANDFILL Accounts Payable Check 6000 123900 03/12/2010 KATHLEEN J CINOWALT Accounts Payable Check 24850 123901 03/12/2010 CITY OF ATASCADERO Accounts Payable Check 72450 123902 03/12/2010 COAST ELECTRONICS Accounts Payable Check 602.83 123903 03/12/2010 COASTAL COPY LP Accounts Payable Check 26215 123904 03/12/2010 COLONY AUTO SERVICE INC Accounts Payable Check 271 64 '%000'123905 03/12/2010 CPRS DISTRICT 8 Accounts Payable Check 2500 123906 03/12/2010 CREEK ENVIRONMENTAL LAB INC Accounts Payable Check 95940 123907 03/12/2010 CRYSTAL SPRINGS WATER Accounts Payable Check 15165 123908 03/12/2010 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 7000 123909 03/12/2010 MATTHEW J CURRY Accounts Payable Check 55000 123910 03/12/2010 D4 ELECTRIC Accounts Payable Check 48752 123911 03/12/2010 DARRYUS LOCK AND SAFE Accounts Payable Check 517 13 123912 03/12/2010 DAVEY RESOURCE GROUP Accounts Payable Check 38000 123913 03/12/2010 DANIEL A. DAVIS Accounts Payable Check 43750 123914 03/12/2010 DECOU LUMBER COMPANY Accounts Payable Check 35730 123915 03/12/2010 DOCUTEAM Accounts Payable Check 3472 123916 03/12/2010 ED'S FLY MEAT INC Accounts Payable Check 2950 123917 03/12/2010 EL CAMINO CAR WASH LLC Accounts Payable Check 32.90 123918 03/12/2010 EL CAMINO VETERINARY HOSP Accounts Payable Check 31940 123919 03/12/2010 ESCUELA DEL RIO Accounts Payable Check 7200 123920 03/12/2010 FEDERAL EXPRESS Accounts Payable Check 2716 123921 03/12/2010 FENCE FACTORY ATASCADERO Accounts Payable Check 15893 123922 03/12/2010 FERRELL'S AUTO REPAIR Accounts Payable Check 79519 123923 03/12/2010 FIG GOOD FOOD LLC Accounts Payable Check 25980 123924 03/12/2010 FITNESS EDGE EXERCISE EQUIP Accounts Payable Check 13653 %W123925 03/12/2010 FOOD FOR LESS Accounts Payable Check 12564 20 City of Atascadero Disbursement Listing For the Month of March 2010 Check Check Number Date Vendor Description Amount 123926 03/12/2010 KEN FORMAN Accounts Payable Check 2320 123927 03/12/2010 WARREN FRACE Accounts Payable Check 30000 123928 03/12/2010 G SOSA CONSTRUCTION INC Accounts Payable Check 68,271.29 123929 03/12/2010 GALLS AN ARAMARK COMPANY Accounts Payable Check 5769 123930 03/12/2010 GAS COMPANY Accounts Payable Check 2,63451 123931 03/12/2010 GEM AUTO PARTS Accounts Payable Check 1,18731 123932 03/12/2010 KENNETH J GLYNN Accounts Payable Check 13650 123933 03/12/2010 GOLDEN BAY MECHANICAL, INC Accounts Payable Check 16733 123934 03/12/2010 GOLDFARB&LIPMAN LLP Accounts Payable Check 1 94967 123935 03/12/2010 NATHAN B GOOSSENS Accounts Payable Check 11000 123936 03/12/2010 CYNTHIA A. GREEN Accounts Payable Check 18900 123937 03/12/2010 GRISANTI HARDWARE Accounts Payable Check 272 123938 03/12/2010 BRIAN J HAMPTON Accounts Payable Check 21000 123939 03/12/2010 HART IMPRESSIONS PRINT& COPY Accounts Payable Check 690.29 123940 03/12/2010 KELLIE K. HART Accounts Payable Check 48090 123941 03/12/2010 HARVEY'S HONEYHUTS Accounts Payable Check 992.36 123942 03/12/2010 HEWLETT-PACKARD Accounts Payable Check 4042.05 123943 03/12/2010 HINDERLITER, DE LLAMAS Accounts Payable Check 1 17362 123944 03/12/2010 INFORMATION TECHNOLOGY Accounts Payable Check 69486 123945 03/12/2010 INTERSPIRO INC Accounts Payable Check 422.0 123946 03/12/2010 JESPERSEN'S TIRE SERVICE, INC Accounts Payable Check 15 0 123947 03/12/2010 JIFFY LUBE/SOUND BILLING Accounts Payable Check 6917 123948 03/12/2010 JOBS AVAILABLE, INC Accounts Payable Check 34650 123949 03/12/2010 RON JOHNSON Accounts Payable Check 112.15 123950 03/12/2010 KANEY Accounts Payable Check 400.27 123951 03/12/2010 DAREN KENNETT Accounts Payable Check 7432 123952 03/12/2010 WILLIAM T KNUCKLES Accounts Payable Check 16800 123953 03/12/2010 ZACHARY D KOPP Accounts Payable Check 23800 123954 03/12/2010 L.N CURTIS&SONS Accounts Payable Check 33016 123955 03/12/2010 LANDSCAPES BY STACH Accounts Payable Check 69000 123956 03/12/2010 LEHIGH HANSON Accounts Payable Check 351 02 123957 03/12/2010 JAMES R. LEWIS Accounts Payable Check 63600 123958 03/12/2010 LIMELIGHT MUSIC AND GIFTS Accounts Payable Check 5000 123959 03/12/2010 ZACHARIAH M. LINDSAY Accounts Payable Check 6000 123960 03/12/2010 LOCATE PLUS CORPORATION Accounts Payable Check 1500 123961 03/12/2010 SHARON A. MARINI Accounts Payable Check 15000 123962 03/12/2010 MARTIN&CHAPMAN CO Accounts Payable Check 13582 123963 03/12/2010 MARTINELLI LANDSCAPE CONST INC Accounts Payable Check 2,881 83 123964 03/12/2010 WADE MCKINNEY Accounts Payable Check 50000 123965 03/12/2010 JENNIFER MEEKS Accounts Payable Check 7000 123966 03/12/2010 MID-COAST FIRE PROTECTION INC Accounts Payable Check 466 35 ' 21 City of Atascadero Disbursement Listing For the Month of March 2010 Check Check 'umber Date Vendor Description Amount 123967 03/12/2010 MINER'S ACE HARDWARE Accounts Payable Check 38709 123968 03/12/2010 MATTHEW J MIRANDA Accounts Payable Check 2500 123969 03/12/2010 MISSION UNIFORM SERVICE Accounts Payable Check 14433 123970 03/12/2010 REON C MONSON Accounts Payable Check 13620 123971 03/12/2010 NCI AFFILIATES INC Accounts Payable Check 67000 123972 03/12/2010 NORTH CO COMMUNICATIONS LLC Accounts Payable Check 32000 123973 03/12/2010 MATTHEW J O'CONNELL Accounts Payable Check 33600 123974 03/12/2010 OFFICE DEPOT INC Accounts Payable Check 1 38587 123975 03/12/2010 OUTLET TOOL SUPPLY Accounts Payable Check 8659 123976 03/12/2010 PACIFIC AUTO GLASS Accounts Payable Check 14243 123977 03/12/2010 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 302.40 123978 03/12/2010 ALYSSA C PALMA Accounts Payable Check 96 00 123979 03/12/2010 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 1 391 12 123980 03/12/2010 DAVE PAYTON Accounts Payable Check 18000 123981 03/12/2010 PC MALL Accounts Payable Check 1 79646 123982 03/12/2010 DEAN PERICIC Accounts Payable Check 13500 123983 03/12/2010 PFLUMS ATASCADERO MUFFLER Accounts Payable Check 65 00 123984 03/12/2010 PHOTO STOP Accounts Payable Check 23680 123985 03/12/2010 PROCARE JANITORIAL SUPPLY Accounts Payable Check 25702 123986 03/12/2010 RECOGNITION WORKS Accounts Payable Check 401 x`'123987 03/12/2010 RENEAU CHRYSLER DODGE Accounts Payable Check 24750 123988 03/12/2010 RICK ENGINEERING COMPANY Accounts Payable Check 4 630 60 123989 03/12/2010 RACHELLE RICKARD Accounts Payable Check 34045 123990 03/12/2010 MICHELLE R. ROGERS Accounts Payable Check 21000 123991 03/12/2010 S&S WORLDWIDE, INC Accounts Payable Check 46 83 123992 03/12/2010 S W MARTIN &ASSOCIATES Accounts Payable Check 11,083 33 123993 03/12/2010 SAN LUIS POWERHOUSE, INC Accounts Payable Check 2,63773 123994 03/12/2010 SANTA MARIA TIRE INC Accounts Payable Check 6702 123995 03/12/2010 MICHELE SCHAMBER Accounts Payable Check 281 00 123996 03/12/2010 SCHIMM'S TREE SERVICE INC Accounts Payable Check 40000 123997 03/12/2010 JOHN C SIEMENS Accounts Payable Check 32550 123998 03/12/2010 SIMS FIRE PROTECTION INC Accounts Payable Check 1 75750 123999 03/12/2010 DAVID L. SMAW Accounts Payable Check 16500 124000 03/12/2010 STEVE SCHMIDT TOPSOIL, INC Accounts Payable Check 18511 124001 03/12/2010 SUNLIGHT JANITORIAL Accounts Payable Check 1,71200 124002 03/12/2010 RONALD R.TARICA Accounts Payable Check 30000 124003 03/12/2010 TED MILES MOTORS INC Accounts Payable Check 10251 124004 03/12/2010 TESORO Accounts Payable Check 32 63 124005 03/12/2010 TESORO FLEET SERVICES Accounts Payable Check 5 628 37 124006 03/12/2010 THOMAS CONSULTING Accounts Payable Check 3,93500 *MW 124007 03/12/2010 CHRISTOPHER DANIEL THOMAS Accounts Payable Check 11200 22 City of Atascadero Disbursement Listing For the Month of March 2010 Check Check Number Date Vendor Description Amount 124008 03/12/2010 RUSS THOMPSON Accounts Payable Check 300 0 124009 03/12/2010 TOM'S MECHANICAL& HYDRAULIC Accounts Payable Check 8400 124010 03/12/2010 TRIBUNE Accounts Payable Check 38800 124011 03/12/2010 ULTREX BUSINESS PRODUCTS Accounts Payable Check 32007 124012 03/12/2010 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 3 928 07 124013 03/12/2010 BRIDGET M. VAN BEEK Accounts Payable Check 7000 124014 03/12/2010 VERIZON WIRELESS Accounts Payable Check 2 723 46 124015 03/12/2010 BRIAN WESTERMAN Accounts Payable Check 13500 124016 03/12/2010 WESTERN JANITOR SUPPLY Accounts Payable Check 82.57 124017 03/12/2010 MIKE WRIGHT Accounts Payable Check 6000 124018 03/19/2010 ALLY LLC Accounts Payable Check 2,11650 124019 03/19/2010 CASH Accounts Payable Check 20000 124020 03/19/2010 CPRS DISTRICT VIII Accounts Payable Check 9000 124023 03/19/2010 U S BANK Accounts Payable Check 11,132 95 124024 03/19/2010 ATASCADERO FIRE EMPLOYEE ASSN Payroll Vendor Payment 63000 124025 03/19/2010 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 4000 124026 03/19/2010 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 99000 124027 03/19/2010 AXA EQUITABLE Payroll Vendor Payment 52012 124028 03/19/2010 FLEX-PLAN SERVICES INC Payroll Vendor Payment 2,48616 124029 03/19/2010 FLEX-PLAN SERVICES INC Payroll Vendor Payment 155 O�y 124030 03/19/2010 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,35077 124031 03/19/2010 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 62781 124032 03/19/2010 SEIU LOCAL 620 Payroll Vendor Payment 835 11 124033 03/19/2010 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 31161 124034 03/19/2010 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1 41889 124035 03/22/2010 CHEVRON &TEXACO BUS CARD SVC Accounts Payable Check 3,15393 124036 03/22/2010 GILBERT'S LANDSCAPES Accounts Payable Check 3,44000 816 03/23/2010 RABOBANK, N.A. Payroll Vendor Payment 41,307 19 817 03/23/2010 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM Payroll Vendor Payment 84,776 41 818 03/23/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 12,575 75 819 03/23/2010 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 1,281 05 124037 03/26/2010 ACTION TOWING& RECOVERY LLC Accounts Payable Check 5000 124038 03/26/2010 ACTIVE MEDICAL&SAFETY Accounts Payable Check 1938 124039 03/26/2010 KEITH AGGSON Accounts Payable Check 2500 124040 03/26/2010 AGP VIDEO INC Accounts Payable Check 3 930 00 124041 03/26/2010 AIR-RITE REFRIGERATION Accounts Payable Check 900.20 124042 03/26/2010 ALL ABOUT PRODUCE, INC Accounts Payable Check 352.30 124043 03/26/2010 ALL SIGNS AND GRAPHICS LLC Accounts Payable Check 916 8f 124044 03/26/2010 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 90368410 23 City of Atascadero Disbursement Listing For the Month of March 2010 Check Check lumber Date Vendor Description Amount X924045 03/26/2010 ALLSTAR FIRE EQUIPMENT, INC Accounts Payable Check 101.27 124046 03/26/2010 AMERICAN MARBORG Accounts Payable Check 5373 124047 03/26/2010 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 115.20 124048 03/26/2010 AMI PIPE&SUPPLY Accounts Payable Check 49082 124049 03/26/2010 ANTECH DIAGNOSTICS-WEST Accounts Payable Check 175.28 124050 03/26/2010 ARAMARK UNIFORM SERVICES Accounts Payable Check 72440 124051 03/26/2010 ARBOR DAY FOUNDATION Accounts Payable Check 1500 124052 03/26/2010 AT&T Accounts Payable Check 7417 124053 03/26/2010 AT&T Accounts Payable Check 1,27933 124055 03/26/2010 AT&T Accounts Payable Check 1,32848 124056 03/26/2010 AT&T DATACOMM, INC Accounts Payable Check 40665 124057 03/26/2010 ATASCADERO HAY&FEED Accounts Payable Check 11665 124058 03/26/2010 ATASCADERO MUTUAL WATER CO Accounts Payable Check 26860 124059 03/26/2010 ATASCADERO NEWS Accounts Payable Check 1,162.00 124060 03/26/2010 BASSETT'S CRICKET RANCH INC Accounts Payable Check 6035 124061 03/26/2010 LUCA P BENEDETTI Accounts Payable Check 40242 124062 03/26/2010 JOHN BLAIR Accounts Payable Check 14500 124063 03/26/2010 BLUEPRINTER Accounts Payable Check 6361 124064 03/26/2010 NICHOLAS P BOONISAR Accounts Payable Check 3000 124065 03/26/2010 BRENT MACGREGOR PHOTOGRAPHY Accounts Payable Check 12990 124066 03/26/2010 BRUMIT DIESEL, INC Accounts Payable Check 1 54215 124067 03/26/2010 BURTON'S FIRE, INC Accounts Payable Check 21019 124068 03/26/2010 CALIFORNIA CODE CHECK Accounts Payable Check 14,898 87 124069 03/26/2010 CALIFORNIA TRAVEL MEDIA Accounts Payable Check 5 003 35 124070 03/26/2010 CALPORTLAND Accounts Payable Check 1,23380 124071 03/26/2010 CENTRAL COAST SEA FOOD Accounts Payable Check 321 55 124072 03/26/2010 BRADY CHERRY Accounts Payable Check 11 00 124073 03/26/2010 CHICAGO GRADE LANDFILL Accounts Payable Check 4000 124074 03/26/2010 COAST ELECTRONICS Accounts Payable Check 3 478 85 124075 03/26/2010 COASTLINE EQUIPMENT Accounts Payable Check 3654 124076 03/26/2010 CONOCOPHILLIPS Accounts Payable Check 2,04779 124077 03/26/2010 CREDIT BUREAU Accounts Payable Check 2500 124078 03/26/2010 CREEK ENVIRONMENTAL LAB INC Accounts Payable Check 4500 124079 03/26/2010 CROP PRODUCTION SERVICES Accounts Payable Check 59683 124080 03/26/2010 CRYSTAL SPRINGS WATER Accounts Payable Check 20235 124081 03/26/2010 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 8000 124082 03/26/2010 CULVER MELIN ENTERPRISES INC Accounts Payable Check 20000 124083 03/26/2010 CWEA TCP Accounts Payable Check 8400 124084 03/26/2010 DAVEY RESOURCE GROUP Accounts Payable Check 19000 124085 03/26/2010 DECOU LUMBER COMPANY Accounts Payable Check 2,39756 1'` 124086 03/26/2010 DEPARTMENT OF JUSTICE Accounts Payable Check 2,22400 24 City of Atascadero Disbursement Listinq For the Month of March 2010 Check Check Number Date Vendor Description Amount �# 124087 03/26/2010 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 1 608 9NO 124088 03/26/2010 DOCUTEAM Accounts Payable Check 31 36 124089 03/26/2010 ED'S FLY MEAT INC Accounts Payable Check 6850 124090 03/26/2010 EL CAMINO VETERINARY HOSP Accounts Payable Check 150.29 124091 03/26/2010 EWING IRRIGATION GOLF INDUSTRL Accounts Payable Check 80544 124092 03/26/2010 KEITH J FALERIOS Accounts Payable Check 443.28 124093 03/26/2010 FARWEST LINE SPECIALTIES Accounts Payable Check 463.20 124094 03/26/2010 FEDERAL EXPRESS Accounts Payable Check 6419 124095 03/26/2010 FENCE FACTORY ATASCADERO Accounts Payable Check 12873 124096 03/26/2010 FERGUSON ENTERPRISES INC Accounts Payable Check 1967 124097 03/26/2010 FERRELL'S AUTO REPAIR Accounts Payable Check 87770 124098 03/26/2010 FIRST AMERICAN CORELOGIC INC Accounts Payable Check 10000 124099 03/26/2010 FLUID RESOURCE MANAGEMENT INC Accounts Payable Check 12500 124100 03/26/2010 KEN FORMAN Accounts Payable Check 1000 124101 03/26/2010 FORT WORTH ZOO ASSOCIATION Accounts Payable Check 5865 124102 03/26/2010 FRAZEE INDUSTRIES INC Accounts Payable Check 2545 124103 03/26/2010 FREEDOM POWDER COATING Accounts Payable Check 6000 124104 03/26/2010 GALLS AN ARAMARK COMPANY Accounts Payable Check 4308 124105 03/26/2010 GAS COMPANY Accounts Payable Check 1412.11 124106 03/26/2010 ANDREW J GEFTAKYS Accounts Payable Check 36 or 124107 03/26/2010 GEM AUTO PARTS Accounts Payable Check 372.34 124108 03/26/2010 GEMPLER'S Accounts Payable Check 52682 124109 03/26/2010 KRISTIN B GILES Accounts Payable Check 23400 124110 03/26/2010 GOLDEN STATE COPIER&MAILING Accounts Payable Check 1,77900 124111 03/26/2010 GOLDING CONCRETE SAWING Accounts Payable Check 20000 124112 03/26/2010 GOPHER STOMPERS INC Accounts Payable Check 30000 124113 03/26/2010 GRISANTI HARDWARE Accounts Payable Check 232.43 124114 03/26/2010 H D PETERSON Accounts Payable Check 141 80 124115 03/26/2010 HART IMPRESSIONS PRINT© Accounts Payable Check 19635 124116 03/26/2010 HAVEN WINE&GOODS Accounts Payable Check 1,18476 124117 03/26/2010 KAREN HURST Accounts Payable Check 5500 124118 03/26/2010 ICE TEES CUSTOM SCREENPRINTING Accounts Payable Check 2436 124119 03/26/2010 INTERSTATE BILLING SERVICE Accounts Payable Check 4,105.20 124120 03/26/2010 INTOXIMETERS Accounts Payable Check 17882 124121 03/26/2010 ISIS Accounts Payable Check 72243 124122 03/26/2010 KCI ENVIRONMENTAL, INC Accounts Payable Check 55040 124123 03/26/2010 MARIA KINDEL Accounts Payable Check 6000 124124 03/26/2010 DANIELLE KRYWKO Accounts Payable Check 401 70 124125 03/26/2010 LEE WILSON ELECTRIC CO INC Accounts Payable Check 2 728 42 124126 03/26/2010 JACKSON LIGHT Accounts Payable Check 82.Or' 124127 03/26/2010 THOMAS LITTLE Accounts Payable Check 210 Oyu 25 City of Atascadero Disbursement Listing For the Month of March 2010 Check Check 'umber Date Vendor Description Amount 124128 03/26/2010 ANDREW LUERA Accounts Payable Check 4000 124129 03/26/2010 MAINLINE UTILITY CO Accounts Payable Check 1 35000 124130 03/26/2010 BECKY MAXWELL Accounts Payable Check 72.40 124131 03/26/2010 MEDWORKS MEDICAL CENTER, INC Accounts Payable Check 25900 124132 03/26/2010 MICHAEL W MERCHANT Accounts Payable Check 15000 124133 03/26/2010 MID-COAST GEOTECHNICAL, INC Accounts Payable Check 3 017 50 124134 03/26/2010 MID-COAST MOWER& SAW Accounts Payable Check 1 46207 124135 03/26/2010 MINER'S ACE HARDWARE Accounts Payable Check 1 32939 124136 03/26/2010 MISSION UNIFORM SERVICE Accounts Payable Check 102 17 124137 03/26/2010 JOHNNY F MITCHELL Accounts Payable Check 28500 124138 03/26/2010 MOSS LEVY & HARTZHEIM LLP Accounts Payable Check 3 200 00 124139 03/26/2010 DAVE MUEHLHAUSEN Accounts Payable Check 1000 124140 03/26/2010 NCI AFFILIATES INC Accounts Payable Check 33500 124141 03/26/2010 NORTH AMERICAN YOUTH ACTIVITIE Accounts Payable Check 1 51200 124142 03/26/2010 NORTH CO COMMUNICATIONS LLC Accounts Payable Check 32000 124143 03/26/2010 NORTHERN ENERGY Accounts Payable Check 64324 124144 03/26/2010 OFFICE DEPOT INC Accounts Payable Check 1 14012 124145 03/26/2010 ORCHARD SUPPLY HARDWARE Accounts Payable Check 21 42 124146 03/26/2010 OUTLET TOOL SUPPLY Accounts Payable Check 1,806.22 124147 03/26/2010 PACIFIC AUTO GLASS Accounts Payable Check 6000 X124149 03/26/2010 PACIFIC GAS AND ELECTRIC Accounts Payable Check 35 848 43 124150 03/26/2010 PASO ROBLES SAFE& LOCK Accounts Payable Check 1570 124151 03/26/2010 PAVEMENT ENGINEERING INC Accounts Payable Check 3,57250 124152 03/26/2010 PC MECHANICAL, INC Accounts Payable Check 52400 124153 03/26/2010 PEOPLES SELF HELP HOUSING CORP Accounts Payable Check 2 020 00 124154 03/26/2010 PERFORMANCE SWEEPING INC Accounts Payable Check 3,24000 124155 03/26/2010 PERRY FORD Accounts Payable Check 335 13 124156 03/26/2010 PERRY'S PARCEL&COURIER SVC Accounts Payable Check 5742 124157 03/26/2010 PLANT DOCTOR Accounts Payable Check 56000 124158 03/26/2010 ANDREW G PRATT Accounts Payable Check 22800 124159 03/26/2010 PROCARE JANITORIAL SUPPLY Accounts Payable Check 622.97 124160 03/26/2010 PRW STEEL SUPPLY INC Accounts Payable Check 56412 124161 03/26/2010 JOHN A. RAU Accounts Payable Check 10200 124162 03/26/2010 RECOGNITION WORKS Accounts Payable Check 71 45 124163 03/26/2010 ROB DAVIS BACKHOE Accounts Payable Check 6 404 00 124164 03/26/2010 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 4000 124165 03/26/2010 SAN LUIS OBISPO COUNTY TAX COL Accounts Payable Check 18 412 50 124166 03/26/2010 SAN LUIS POWERHOUSE, INC Accounts Payable Check 81000 124167 03/26/2010 STEVE SANDEFFER Accounts Payable Check 13048 124168 03/26/2010 SANTA MARIA TIRE INC Accounts Payable Check 7892 '%We 124169 03/26/2010 SHELL Accounts Payable Check 91628 26 City of Atascadero Disbursement Listing For the Month of March 2010 Check Check Number Date Vendor Description Amount 124170 03/26/2010 SLO COUNTY SIGNS Accounts Payable Check 335 124171 03/26/2010 SMART AND FINAL Accounts Payable Check 11796 124172 03/26/2010 SOUZA CONSTRUCTION INC Accounts Payable Check 24,666 72 124173 03/26/2010 STANLEY CONVERGENT SECURITY Accounts Payable Check 93380 124174 03/26/2010 STAPLES CREDIT PLAN Accounts Payable Check 1 00673 124175 03/26/2010 SUN BADGE COMPANY Accounts Payable Check 8045 124176 03/26/2010 MICHELLE SWARTZBAUGH Accounts Payable Check 10000 124177 03/26/2010 TEMPLETON UNIFORMS Accounts Payable Check 842.56 124178 03/26/2010 TOM'S MECHANICAL& HYDRAULIC Accounts Payable Check 4200 124179 03/26/2010 TRIBUNE Accounts Payable Check 30000 124180 03/26/2010 TW TELECOM Accounts Payable Check 820.23 124181 03/26/2010 U S POSTMASTER Accounts Payable Check 60000 124182 03/26/2010 ULTREX BUSINESS PRODUCTS Accounts Payable Check 25780 124183 03/26/2010 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1 55439 124184 03/26/2010 RENE VASQUEZ Accounts Payable Check 316 08 124185 03/26/2010 VERIZON WIRELESS Accounts Payable Check 6 81 124186 03/26/2010 WALLACE GROUP Accounts Payable Check 751.26 124187 03/26/2010 WILSON LAND SURVEYS INC Accounts Payable Check 72000 $ 897,904 5r 27 ITEM NUMBER A-3 DATE 05/11/10 ■ ■t ■ ■ �(ieia A e WWI; � A tascadero City Council Staff Report - Public Works Department Transit Center Engineering Design Contract Award (Contract for Professional Services) RECOMMENDATION Council authorize the City Manager to execute a contract with Wallace Group, Incorporated to design the Transit Center improvements for an amount not to exceed $71,972.00 DISCUSSION In 2007, the City and the San Luis Obispo Council of Governments commissioned a study to determine the feasibility of developing a downtown transit center The study was developed using accepted transit planning theory, operational impacts, cost, and community / rider preferences as key elements of the selection criteria. Staff presented the Site Selection study results to Council on September 22, 2009, and the location on Capistrano Avenue was chosen (Exhibit A ) Staff proceeded with the procurement of design services by advertising a Request for Proposal to all eligible design firms Proposals were received from Cannon Associates, EDA, Omni, Penfield and Smith, RRM Design Group and Wallace Group The proposals were reviewed and ranked according to experience with transit, responsiveness to City needs, experience of key personnel, cost and other factors Staff is recommending that Wallace Group, Inc , be selected to perform the Downtown Transit Center design functions The Downtown Transit Center will be designed with an emphasis on durable construction hardscaping, drought tolerant landscaping, and green design elements such as solar lighting Design costs will be further minimized by incorporating existing Downtown Streetscape features such as sidewalk design, urns, benches and shelters The key goal will be to design a functional center that requires minimal additional right- of-way, minimizes ongoing maintenance requirements and incorporates low impact, energy efficient design features 28 ITEM NUMBER A-3 DATE 05/11/10 FISCAL IMPACT SLOCOG is highly supportive of a Transit Center Project. They have committed Proposition 113 funding for the design of the project and in meetings with City staff verbally committed to finding funds to build-out the project Future funding for the project is anticipated to be primarily Proposition 113 funds and other grant funds through SLOCOG, with potential contribution for land and / or right-of-way from the Redevelopment Agency Staff will return to City Council at a future meeting with a final design recommendation and more detailed funding program prior to moving forward with land acquisition for, or construction of, the project. The fiscal impact would include staff time to administer the initial design and land acquisition (if required), environmental review and final design The City would select a civil engineering design consultant to develop surveys and the final construction documents The total budget for the Downtown Transit Center project is shown below- PROJECT COSTS A Surveying, Prelim Design & Const. Doc's $72,000 B City Staff Costs, Environmental, Soils Testing, Arborist, Misc $18,000 C Land and Right-of-Way estimate $200,000 D Estimated Construction Costs Includes Contingencies) $610,000 TOTAL PROJECT COSTS $900,000 All design costs will come from SLOCOG Prop 113 funding Wallace Group Inc 's design cost proposal is noted as Item A above ALTERNATIVES 1 Reject staff's recommendation and direct staff to reconsider the design firm choice ATTACHMENT Exhibit A — Selected Transit Site 29 ITEM NUMBER A-3 DATE. 05/11/10 EXHIBIT A SELECTED TRANSIT CENTER SITE CAPISTRANO AVENUE s A s� I Nn Z k a f' _ ys r li LL N �T o � k3� Ki; � •��s�J'����Y9�kyj� '�i�.tS�Y��: J Z J 46 g TTY O j w w v., r O =w t Z uw OR wo aaM�<N � OOF u� J LL \ _ W�Z N � V)W J W O Z W- Z 0 (9 zL Id W O -N s QK11 W 7 2,000 W to 30 ITEM NUMBER B- 1 DATE 05/11/10 ieis a �s 8 Atascadero City Council Staff Report - Fire Department Weed Abatement — Hearing of Objections RECOMMENDATIONS Council 1 Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections, and, 2 Authorize the Fire Chief to proceed and perform the work of abatement. DISCUSSION The Municipal Code, Section 6-13 03, addresses the abatement of vegetative growth and/or refuse, which constitute a hazard The Fire Department conducted its initial inspection during the month of April There are approximately 11,088 parcels within the City Compliance with the Weed Abatement Section of our Municipal Code is a critical component of our Fuel Management Plan The City of Atascadero does not want to be in the mowing business The intent of this program is to encourage citizens to independently manage the weeds on their properties The City charges a 150% administrative fee as a fine to those properties that are not in compliance with the Municipal Code An efficient Fuel Management Program helps the City keep wildland fires at a minimum and staffing down As part of the abatement process, the City Council is required to hear objections to the proposed removal of vegetative growth and/or refuse This hearing allows any affected property owner to object to the proposed abatement of hazards on their property FISCAL IMPACT The costs and revenues associated with the Weed Abatement Program vary from year to year and are dependent on property owner non-compliance The fees are placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2010-2011 Tax Roll 32 ITEM NUMBER B- 1 DATE 05/11/10 ALTERNATIVES No alternative is recommended ATTACHMENTS None 33 ITEM NUMBER. c -1 DATE. 05/11/10 err ArAsCIAD Atascadero City Council Staff Report— Community Development Department PLN 2009-1341 CUP 2009-0244 / RAB 2010-0019 Conditional Use Permit for a 10 Screen Movie Theater / Retail / Restaurant building Request to Summarily Vacate a Portion of Atascadero Mall Ave and El Camino Real 6320 - 6490 EI Camino Real (Hoff / Wysong) RECOMMENDATIONS Planning Commission Recommends the City Council 1 Adopt Draft Resolution A approving Road Abandonment 2010-0019 to summarily vacate a 10-foot wide road and landscape easement along the EI Camino Real right-of-way, and a portion of Atascadero Mall Ave based on findings and subject to conditions of approval, and, 2 Adopt Draft Resolution B approving a Conditional Use Permit, height waiver, and Tree Removal Permit for the La Plaza Theater project based on findings and subject to conditions REPORT-IN-BRIEF The proposed application consists of a request for a Conditional Use Permit to allow a 39,680± square foot building containing a 10 Screen Movie Theatre (33,000± sf), retail space (2350± sf), and sit down restaurant (4330± sf) on a 1 5± acre site, with a height waiver exception request, a tree removal permit for one 6-inch White Oak and road abandonment of a portion of Atascadero Mall Road and an easement along the EI Camino Real frontage 34 ITEM NUMBER. C - 1 DATE. 05/11/10 The Planning Commission held a hearing on the proposed project on April 20, 2010 and is recommending approval of the protect on a 6-1 vote A video tape of the meeting and draft Commission minutes are available on-line at www atascadero org 1 Property Owner Ben Hoff LLC, PO Box 928, Atascadero, CA 93423 2 Project Applicant: Larry M Wysong, Wysong Construction, 7025 Morro Road, Atascadero, CA 3 Project Address 6320 — 6490 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 030-191-030, 031, 016, 017, and 030-193-003 4 General Plan Designation Downtown (D) 5 Zoning District: Downtown Commercial (DC) 6 Site Area 1 5 acres 7 Existing Use Retail Commercial, Fire Damaged Commercial, Cellular Communication Tower 8 Environmental Status Proposed Mitigated Negative Declaration 2010-0001 DISCUSSION Background On March 11, 2010 the City held a Joint City Council / Planning Commission Study Session to review the proposed project. The purpose of the meeting was to provide the applicant with an opportunity to present the project and for the Council, Commission and public to ask questions The Council was supportive of the project and directed staff to provide additional information on the following issues • Information about how films are distributed to theater operators • Additional parking information including possible diagonal parking on EI Camino Real, recommendations of Downtown parking study, passenger loading zone, and provision of accessible ("ADA") parking • Additional information on road abandonment, reuse of road area and access to the pedestrian tunnel • More information on the height waiver, appearance of the rear of the building and signs This information is included in the staff report. 35 ITEM NUMBER. C -1 DATE. 05/11/10 Analysis The proposed project consist of a 39,680± square foot building that will contain a 10 screen movie theater, retail stores and a sit down restaurant. The project is located in the center of downtown directly across from the Sunken Gardens The project site is 1 5 acres that has been owned by the Hoff family for many decades A large building that housed a thrift store burned down in 2008 A coffee shop, beauty parlor and cell tower still remain on the site The project would provide a significant activity anchor and architectural feature in the middle of the City's Downtown Redevelopment area The project appears to be consistent with the City's redevelopment goals and vision for the Downtown The project will be in direct competition with the Colony Square theaters that are currently under construction This issue was discussed at length during the study session and no direction was given to staff to analyze the possible economic issue of two competing theaters - EL CAARNO REAL ,,JJ al.m r wW Ml N..bYTTl . of ._. 48 MlbMMNY SET GROUND FLOUR /' SITE FLAN 36 ITEM NUMBER. C - 1 DATE 05/11/10 Project Desiqn and Appearance The project proposes to create a grand architectural statement with a large glass lobby surrounded by two high towers The building will be primarily stucco with decorative features included on the street frontages Two retail spaces will be provided along the EI Camino Real frontage to break-up and enhance the street appearance and pedestrian scale A sit-down restaurant space is provided past the lobby near the freeway property line The rear and northwest end of the building are purely utilitarian and lack in significant architectural treatment. The applicant is requesting that the standard requirements for colors, materials, trim details and signs be deferred Planning Commission is recommending the final architectural elevations, details and signs be resubmitted for Planning Commission approval prior to approval of building permits Commission is also recommending that additional architectural features and detailing be added to the portions of the rear and northwest elevations that are visible off site e gyp' y 3 i y P 6. a 6':V 11 N J x: n III h The building is located directly adjacent to the sidewalk consistent with City's Downtown Design Guidelines and the building occupies over 90% of the site The project is not proposing to provide any off-street parking and a narrow landscape area will be provided at the rear along the freeway frontage The primary exterior amenity of the 37 ITEM NUMBER. C -1 DATE 05/11/10 project will be the sidewalks and streetscape The applicant is requesting the landscape plan, grading plan, drainage plan, utility plan and handicapped accessibility plans be deferred Due to the flat site and minimal grading required, staff is not objecting to this request and has conditioned these items to be provided at time of building permit. The Planning Commission is recommending that the landscape and streetscape plans be approved by the Planning Commission prior to building permit issuance ', 0.°-`146°°•: 'v I po �' 0o ' o0 0o k NORTH ELEVATION La Plaza Cinema r I ..... 558.9°°' ... S58.4°°•. .., 584°°' SOUTH ELEVATIONLa Plaza Cinema p4 I I WEST AND EAST ELEVATIONS La Plaza Cinema BEN NO",LLC,paputf wm JOHN ROUSH.CENTRAL COAST CINEMAS, La Plaza Cinemas / Retail Project GESUe1a5oC1AS ry Hli LARRY"SONG CONSTRUCTION,dawloper AtaBCadero,California ,.R ruxaaro.c.uaw..0... MICHAELSHERER/VEABO—COMMERCIALREALESTATE, March B,3010 b,vku/ml enp,ry quuition a Waivg 38 ITEM NUMBER. C - 1 DATE 05/11/10 Height Exception The proposed project is located in a special Downtown Zone that restricts the height of buildings to 18 feet. This requirement was adopted as part of the Redevelopment Plan in 2000 The purpose of the restriction was to provide a visual window between the freeway and the historic City Hall However, due to the presence of vegetation within the freeway right-of-way, there is limited visibility of City Hall from the freeway 18 feet METAL ROOF;- PAINTED _�- --- OPENTTOWER 7Lt7'`~ 13 ^11 0 iI 4 9 4k P . h i -GLASS t.-sroNE TILE STOAPFRONT Carlton Tower and short La Plaza Tower are the about same height(56 feet) The applicant is requesting a height exception consistent with section 9-4 113 of the Zoning Ordinance to allow a 40± foot tall building with tower features up to 72± feet tall The proposed building will be similar in size to the Carlton Hotel and the tower features will be taller than the existing cellular tower on the site Architecturally, this will be a very large and tall building that will be visible from the freeway Planning Commission is recommending that portions of the building that are visible from the freeway receive additional architectural detailing and treatment. 39 ITEM NUMBER. C - 1 DATE 05/11/10 9-3.263 Downtown district general development standards Forty-five (45) feet not to exceed three (3) stories, eighteen (18) feet on the west side of EI Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20 Block H-B,Atascadero Colony Map. Applicant requesting waiver for 40 to 72 feet 9-4 113 Height limitations. (b) Exceptions to Height Limitations. (1) Planning Commission Waiver The height limitations of this section may be modified through conditional use permit approval, provided the Planning Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. 1� Common lot line lots 19 and 20 Block HB h v rtitaxsr,rrr'ror xerr� _ '" A Atascadero Area of 18 foot Creek height restriction 40 ITEM NUMBER. C -1 DATE 05/11/10 Deferred Submittals The applicant is requesting that the Planning Commission / Council defer the submittal requirements for the following plans • Color & Material Board • Signage Plan • Grading Plan /Accessibility Plan • Drainage / LID Plan • Utility Plan • Landscape Plan Although these plans are standard requirements for CUP applications, the Council provided direction at the Study Session to defer the requirement for these plans The project is conditioned that these plans be provided at time of building permit submittal Economic Issues A 10 screen movie theater is currently under construction downtown in the Colony Square project. The Colony Square project is a mixed use entertainment, retail and residential project that is considered a significant part of the City's Downtown Revitalization Plan The proposed La Plaza Theater would also have 10 screens, bringing a total of 20 movie screens to downtown Atascadero The City has no current policy or ordinance that requires the economic analysis of commercial projects Under CEQA, economic impacts are not considered environmental issues unless they have the potential to create off-site blight. Blight is considered an environmental impact. There does not appear to be a likelihood that the La Plaza theater would cause blight to occur at the Colony Square project. 'Therefore, the proposed CEQA document does not include an economic / blight analysis The economic feasibility of 20 screens in Atascadero was discussed at length during the Study Session In the end, the Council did not request that an economic analysis of the project be prepared The Council did request additional information regarding how films are distributed to theater operators This information is included as Attachment 4 Parking Downtown parking continues to be a cyclic issue in Atascadero When the Carlton Hotel and restaurant opened in 2004, downtown parking became a significant issue Currently, with the economic down turn, downtown parking is not an issue at this time The Downtown Zoning Ordinance does not require parking for commercial uses in the downtown north of Atascadero Creek. Consistent with section 9-3 263, the proposed 41 ITEM NUMBER. C - 1 DATE. 05/11/10 project does not include any off-street parking In addition, under the latest CEQA guideline revisions, parking is not considered an environmental impact. Although the r ordinance does not require downtown parking, due to the size of the project there is likelihood that the project will create parking impacts One of the required CUP findings is that a project will not have a negative impact on the surrounding neighborhood 9-3.263 Downtown district general development standards Off-street barking 'one required, i except as required br Section 9-4 114 for h otels motels and residential uses and for all dev elopmen teas t of Atascadero Cheek. Based on the Downtown Parking Model, the theater, retail stores and restaurants will have a parking peak demand on weekend evenings According to the parking model, the monthly weekend parking demand will range from 110 spaces in September to 428 spaces in the last weekend in December If the Christmas weekend peak is excluded, the average weekend parking demand is 157 spaces (see following pages) The applicant has provided a letter stating that they believe the project's parking demand is 31 spaces (see Attachment 3) Based on the Downtown Parking Action Plan's recommendations, projects of this size should provide 25% of the required parking on-site In addition, the California Building Code requires six (6) handicapped accessible parking spaces to be provided for a project of this size Due to the site configuration, on-site parking does not appear to be feasible Therefore, to minimize the project's potential neighborhood impact, Planning Commission is recommending that the applicant be required to permanently provide 46 off-street parking spaces within 500 feet of the property The off-site parking requirement can be satisfied through a long term lease agreement with neighboring properties 42 ITEM NUMBER. C - 1 DATE. 05/11/10 Project parking calculations • 25% of 157 average parking spaces = 40 parking spaces `as# • Handicapped parking requirement: 6 spaces Total 46 spaces May 2006 City of Atascadero Parking Utilization and Management Study-Action Plan Action Plan Item A-6 Update the Downtown Parking Ordinance to address the following Any parking deficits created by small in-fill developments could be covered through the usage of in-lieu fees to fund the construction of future public parking However, if the development is substantial and will require a large number of parking spaces (50 or more spaces), at least a portion of the required parking spaces should be provided on-site by the developer This will help ensure sufficient parking is provided overall, but also help ensure close, accessible parking is provided The remaining portion could be covered through the use of in-lieu fees and public parking For larger projects, a minimum of 25% of the required parking should be provided by the developer on-site. The Council requested additional information regarding the possibility of providing diagonal parking along EI Camino Real Staff has reviewed this issue and determined that EI Camino Real would need to be narrowed to one lane in each direction to provide for diagonal parking Any additional analysis of potentially reducing the lanes on EI Camino Real would require an in depth traffic and engineering analysis Staff is not recommending that any resources be devoted to this issue 43 ITEM NUMBER. C -1 DATE. 05/11/10 Downtown Parking Model Total Total Adjusted Adjusted Land the units BOA Base Weekday Weekend g Shared Parkin Model-Results Parking Parking Demand Demand Peak Da1 Month Accumulation Hour of Day Accumulation Accumulation i Commune•;Sno u o Cerner r<400 000 s ft; 2 350 sf 9 10 ?'Meclronal Shopping Cerner(400 000 to 600 000 sq ft: 0 sf 0 1 0 117 .Veek.day Jan 8 00 00 PGi tSu r Remonai Sh n Center(r600 000 a it 1 0sf 0 0 151 Weekend Janua• 8 00 00 PIA ..I FmetCasua:Drmno sf 0 0 102 Weekda• February8 00 00 PfA '. �Famii Restaurant if 35 66 130 Weekend Feb(ua• 8 00 00 PIA %.IFast-Food Restaurant sf 0 0 104 Weekda• March 8 00 60 PIA 44, club of 0 0 130 Weekend March 800 00 PIA IAcw*Entedammem sf 0 0 99 Weekda• t 8 00 00 PMCme ex seats 280 378 125 Weekend Awl 8 00 00 PI.i iPedorm Ans Theater seats 0 0 122 '#eekda• May 8 00 00 PM Arena 1 seats 1 0 0 1 156 1 Weekend May 80000 PIA !Pro Footba6 Stadmm 0 1 seats 1 0 0 1 163 .Veekdav June 8 00 00 Ptd 'Pro Basebast Stadrum ROj seats 0 0 210 ve&..-nd June 8 00 00 PM Health Club sf 0 0 201 WeekdayJul• 8 00 00 PGS : Comemwn Center sf 0 0 262 Weekend J 800 00 PlA Hate Busmess rooms 0 0 161 Weekdav August 800 00 PIA •* .'Hotel Leisure rooms 0 0 208 Weekend August 8 00 00 PM RestauranvLounoe sf 0 0 89 Ver ekda September 8 00 00 PIA !Conference Centeu8 uel(20 to 50 so ft rouest room) of 0 0 110 Weekend September 8 00 00 PIA Comeauon Space(150 s It+guest rooms sf 0 0 90 VJeekda• October 8 00 00 Pill 'Residemtai Rental 0 upas 0 0 112 Weekend October 8 00 00 PGi IResrdentiai Owned 0 umts 0 0 116 Weekday Haember 8.00 00 Pfd i0tfi a 125 000 sq k t 0 at 0 0 148 Weekend Ilowmber 8.00 00 PlA 108t a 25.000 to 100 000 sq it f 0 1 sf 0 0 115 Weekday December 8 00 00 PIA 0fice'100.000 to 500.000 Iq it 0 sf 0 0 144 Weekend December 8 00 00 PIA Odce 1,500 000 s ft: 0 of 0 0 321 WeekdayLate December(25-31 80 00 PiA IData Process o". 0 sf 0 0 42$ Weekend Late December(25-311 $0000 PIA tAeOicaUDentst Office 0 of 1 0 0y•e 5:EB ' I17' !bank BrXKh Wnh Dme•m 0 sf 0 0 Peak Month 428 Weekend Late December(25-311 810:00 PM 'OTHER 0 sf 0 0 Peak Base Demand 451 _ ', ipTMER 0 sf 00 Shared Parking (OTHER 0 of 0 0 Reduction 'OTHER 0 sf 0 0 OTHER 0 sf 0 0 iOTHER 0 sf 0 0 Total Adjusted Base P#Wmg Demand 335 1 454 Weekday Weekend Communih,Sh goho Center i<400.000 A. ft ; 1 f. 2.90 1 o_-,n ? 00.80 Regional Shopping Center(400 000 to 500 000 SQ. It. 1.000 sf Sliding Scale between 400.000 and 600 00 Super Regonal Shopping Center i.>600,000 sp. ft. 1 000 sf. 3.20 0.80 3.60 0.50 FinetCasual Dinino 1.000 sf. 15.25 2.7S 1700 3.00 Famiilyr Restaurant 1 000 sf. 9.00 1.50 12.75 2.2-5 ast- ooh Restaurant t 0 sf. 1 .r 1 . lli litClut3 1 000 sf 15.2° 1.25 17 50 -E-17-0 OL Fnt#-LrtAtnML&f1t Cine kat 1 seat 0.19 0.01 0.2c O1 _!Source Lttormabon: a he data used in the model is based on in;ormation:rovoeti 111 Shared Par€cmg Second Ed6on' oubtished b}r the Urban Land Institute Pnrctpat Author Smith.I.T. "'tile.Shared Parking Second Edalon Copyright Date,2005 :.1PUbtSher Urban Land institute 44 ITEM NUMBER. C -1 DATE 05/11/10 Environmental Issues Staff has prepared and posted a Proposed Mitigated Negative Declaration for the project (refer to attachment 5) Due to the downtown, infill nature of the project, staff did not identify any unusual or significant environmental impacts Standard mitigation measures have been added for air quality and water quality issues Tree Removal A single, small 6-inch white oak tree in good condition is located in the landscape planter along the EI Camino Real frontage Do to the location of the theater building and the growth characteristics of a white oak tree, this tree is being recommended for removal Project is conditioned to pay a $200 mitigation fee consistent with the Native Tree Ordinance for the removal of the tree Due to the size of the tree and the likelihood it was planted as a landscape feature, staff did not require an arborist report to be prepared Evergreen Native Trees(inches) Deciduous Native Trees (inches) Togs dbh notes dbh notes 1 0-inches 1 6-inches 2 2 3 3 4 4 5 5 6 6 Total 0-inches Total 6-inches 6-inches Mitigation Requirement req d tree replacements 0 ftve gal trees req d tree replacements 4 fi•,a gal trees 4 five gal trees Proposed Replanting 0 fire galtrees Proposed Replanting 0 fide gal trees 0 five gal trees 0 box trees (24'", 0 box trees(24") 0 box trees (24") Remaining relitigation 0 f iv a gal trees Remaining ral itigation 4 ft,a gal trees 4 five gal trees Tree Fund Pay ment: 5 Tree Fund Payment: 5 20000 $ 2D0.00 45 ITEM NUMBER. C -1 DATE. 05/11/10 Findings - Conditional Use Permit The City Council must make the following findings in order to approve the Conditional Use Permit. If the Council chooses to deny the project, one of the following findings must be sited as the reasons for denial 1 The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual Staff Comment: The project architectural, site design and land use are consistent with the goals of the General Plan and the design standards of the Appearance Review Manual 2 The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) Staff Comment: As conditioned the project would be consistent with the zoning ordinance once the Planning Commission approved the request height waiver 3 The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use Staff Comment: Due to the size of the project and the lack of off-street parking, the project does have the potential to create parking impacts in the surrounding neighborhood The project is conditioned to provide 25% of its required parking off-street in order to reduce this impact to an acceptable level 4 That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed project is consistent with the Downtown design guidelines and will not be detrimental to the surrounding neighborhood uses and character 5 That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the 46 ITEM NUMBER. C - 1 DATE. 05/11/10 surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: A traffic analysis was prepared as part of the CEQA document and indicates that the project will not have a significant traffic impact on the surround neighborhood Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made Findings — Height Waiver The Council must make the following findings in order to approve the Height Waiver 1 The project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties Staff Comment: The proposed project will create a significant architectural change in the downtown and will change character of the area surrounding the Sunken Gardens Due to the architectural character of the building, and the potential to reduce freeway noise in the Downtown, these changes would not be detrimental to the enjoyment of surrounding properties 2 The modified height will not exceed the lifesaving equipment capabilities of the Fire Department. Staff Comment: Although the proposed building is quite tall, the theater, retail store and restaurant are one story uses The tower elements are architectural features that will not be occupied The proposed height waiver will not exceed the capabilities of the Fire Department's equipment. Road Abandonment The requested right-of-way abandonment will increase the size of the adjacent commercial property At present, a commercial development and theatere complex have been proposed for the site The requested abandonment is for two parcels of land 1 ) All of the existing right-of-way on the north side of Atascadero Avenue (also referred to as "Atascadero Mall") between EI Camino Real and the Highway 101 right-of-way, which is approximately 0 24 acres, as shown below; and, 2 ) An excess 10-foot wide strip of land along the southwest side of El Camino Real, which is approximately 0 11 acres, as shown below 14404 47 ITEM NUMBER. C -1 DATE. 05/11/10 The portion of the Atascadero Avenue right-of-way has served as essentially a driveway ' to the adjacent commercial properties since the construction of the freeway in the mid 1950's The strip of land along EI Camino Real was negotiated for as part of a previous road abandonment proceeding between the Hoff's and the City in the early 1990's for landscape, sidewalk and road purposes �. 10 FOOT ROAD AND �I LANDSCAPE EASEMENT ON EL I� CAMINO REAL. � . d" RIGHT-OF-WAY ABANDONMENT OVER ATASCADERO k.. AVENUE. (ALSO CALLED 3 ATASCADERO MALL) M Abandonment Process Right-of-way abandonments are governed by the following code sections from the California Streets and Highways Code and the Atascadero Municipal Code In order for the proposed abandonment to be approved, the project must comply with all of the provisions and requirements set forth in each code section California Streets and Highway Code Requirements Requirements for summarily vacating a road are found in the Streets and Highways Code, Section 8331 and 8334, which provides 48 ITEM NUMBER. C - 1 DATE. 05/11/10 8331 The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel (b) No public money was expended for maintenance on the street or highway during such period 8334 The legislative body of a local agency may summarily vacate any of the following (a) An excess right-of-way of a street or highway not required for street or highway purposes. (b) A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another El Camino Real Easement The EI Camino Real right-of-way under consideration is a 10-foot wide strip of land created by an offer of dedication per Official Record 88-0 R.-114, and is in addition to the standard EI Camino Real right-of-way width The subject portion of right-of-way has never been constructed or used The current alignment of EI Camino Real and location of future sidewalks and streetscape features are, and will be, inside the standard 100- foot wide EI Camino Real right-of-way alignment. In addition no structures have been built in the right-of-way and the open area has been impassable for five or more years Atascadero Mall Right-of-Way The Atascadero Ave right-of-way under consideration was created by the original Atascadero Colony Subdivision map in 1914 In 1982 there was a San Luis Obispo Superior Court order (2397 OR 908) that required the north half of Atascadero Mall Avenue between EI Camino Real and the freeway be quitclaimed by Gordon Davis (as successor trustee of the Atascadero Development Syndicate) in favor of the Hoff Family The Hoff Family has been paying property taxes on the subject land since the subject court ruling Regardless of the court action, the public right to use the land as a public street was never waived by San Luis Obispo County, or later the City of Atascadero The subject portion of right-of-way along the north side of Atascadero Mall Avenue has curb, gutter and sidewalk, and a paved street. The street right-of-way is bisected by a City owned parcel where the current Main Street Office is located The businesses on -100 49 ITEM NUMBER. C- 1 DATE. 05/11/10 the south side of Atascadero Mall Avenue and the Main Street office will continue to use the southerly portion of the street to park and access their property �rrr' It is the staff's recommendation that the entire right-of-way (0 24 acres) be abandoned to accommodate the currently proposed project. The proposed abandonment is acceptable since the City would maintain access via public easements for vehicles and pedestrians City Requirements California Government Code Section 65402 requires that all abandonments be consistent with the legislative bodies General Plan, as follows `Yf a general plan or part thereof has been adopted no real property shall be vacated or abandoned until the location, purpose and extent of such street vacation or abandonment has been submitted to and reported upon by the planning agency as to the conformity with said general plan or part thereof" EI Camino Real is identified in the General Plan Circulation and Bikeway/Trail diagrams as an arterial road, and, Atascadero Avenue is identified in the General Plan Circulation and Bikeway/Trail diagrams as a local road Commercial areas typically front to collector roads and they are two-way streets with maximum acceptable traffic volumes The acceptable traffic volumes are dictated by residential concerns regarding intrusions rather than traffic capacity considerations Currently there are three businesses (other than Hoff) with driveways on Atascadero Avenue The existing road way is comprised of two travel lanes with a sidewalk on the eastern side The 101 freeway borders Atascadero Avenue to the west. The Public Works Department has evaluated Atascadero Mall Avenue and has determined that the current southerly half of the right-of-way and existing improvements are sufficient to support the surrounding area at build-out. Therefore, abandonment of the northern portion of the right-of-way would be consistent with the General Plan street classification and would maintain sufficient traffic capacity for future build-out. The project has been conditioned to provide a public access and utility easement across the Atascadero Avenue road area prior to abandonment. This easement has been prepared and will be recorded prior to Council action (refer to attachment 7) A condition has also been added to require any buildings or structures to be located outside the easement. Zoning Designation Staff has determined that when a right-of-way or portion thereof is abandoned, the zoning shall become the same as the adjacent zoning designation The requested abandonment will be for the benefit of the adjacent parcel and will become part of the 50 ITEM NUMBER C- 1 DATE 05/11/10 Downtown Commercial zoned parcel No new parcels will be created as a result of this abandonment. FISCAL IMPACT The applicant shall pay all fees and expenses to abandon the Right-of-Way City Council will be considering issues regarding right-of-way compensation and final terms of the property transfer The theater and retail portions of the project will be revenue positive to the City regarding sales tax and property tax increases CONCLUSIONS The Planning Commission has found the proposed theater project to be consistent with the City's downtown revitalization goals and guidelines The project will compete with the Colony Square theater project but would not create an inconsistency with any adopted City policy Parking is likely the biggest impact related to the project, but can be minimized with conditions to provide off-street parking The proposed building will be very large and tall and requires the Council to grant a height waiver Views from the freeway to downtown will be permanently changed by the project. The proposed road abandonments meet the criteria of the State Streets and Highways Code since 1 ) the portion of the EI Camino Real right-of-way has not been constructed on and has been impassable for vehicular travel for a period of five consecutive years, and no public money has been expended for maintenance on the subject right-of-way during the stated time period, and, 2 ) the portions of EI Camino Real and Atascadero Mall Avenue right-of-way are considered excess right-of-ways not required for area circulation The abandonment is also consistent with the City's Circulation Element of the General Plan and will not reduce or interfere with necessary improvements to the road at build- out, future bikeways, or planned trails 51 ITEM NUMBER. C - 1 DATE. 05/11/10 ALTERNATIVES 1 The Council may approve of the project with additional or revised project conditions 2 The Council may deny the project if it is found that the required findings cannot be made The Council's motion to deny must include a finding for denial 3 The Council may continue the hearing and refer the item back to staff for additional information or analysis Direction should be given to staff and the applicant on required information ATTACHMENTS Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 — Municipal Code Sections Attachment 3 —Applicant's parking letter Attachment 4 — Film Distribution Fact Sheet Attachment 5 — Public Comments received Attachment 6 — Proposed Mitigated Negative Declaration Attachment 7 —Atascadero Avenue Easement Attachment 8 — Draft Resolution A. Road Abandonment Attachment 9 — Draft Resolution B CUP 52 j � v JJJJJJti F le clp r N17 00r F t 1 " w ITEM NUMBER. C - 1 DATE 05/11/10 ATTACHMENT 2: Municipal Code Sections �Irr� Municipal Code Sections 9-3.263 Downtown district general development standards Off-streetparlang 'one required, i except as required bit Section 4-4 114 for h otels motets, and residential uses andforall de-, elopmen t east of Atascadero Creek. 9-3.263 Downtown district general development standards Forty-five (45) feet not to exceed three (3) stories, eighteen (18) feet on the west side of EI Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H-B,Atascadero Colony Map. Applicant requesting waiver for 40 to 72 feet 9-4 113 Height limitations. (b) Exceptions to Height Limitations. (1) Planning Commission Waiver The height limitations of this section may be modified through conditional use permit approval, provided the Planning Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. 54 ITEM NUMBER. C - 1 DATE 05/11/10 ATTACHMENT 3: Applicant's Parking Letter February 18 2010 Warren Fracc Community Development Director City of Atascadero RE. La Plaza project parking Dear Sir- Pursuant to item 44 of Items of Incompleteness PLN 2009 1341 dated October 28,2009 which requests an analysis of the parking needs for the proposed cinema theatre the following information is submitted to satisfy your request. Project owner and theater operator,John Roush,has provided statistics from his theatre being similar in size and location in Paso Robles. For the year 2008,total admissions were.335,667 This number extrapolates to 6,993 per week and 922 per day The Park Cinema has an average of 4.5 showings per day and therefore 205 persons per show With 4 persons per vehicle,the total vehicle count would be 51 This is consistent with Section 9-4 114 of the City Zoning Ordinance which calls for one parking space per 4 fixed seats for seated spectator facilities Note: Section 9-3.263 waives the requirement for off street parking. Peak attendance is 674 admissions. This occurred on the Friday following logo Thanksgiving. Larger than average admissions also occur during Christmas vacation, Memorial Day weekend and Friday/Saturday nights. Mr Roush s projection based upon the demographics of Atascadero is that the La Plaza Cinemas will create admissions of approximately 60%of the Park Cinemas. This is due to competition from the Park Cinemas and the proposed Galaxy Cinemas. Reducing all of the above figures by 60%results in an average need for Parkins of 31 vehicles and no significant impact on downtown parking. Actually this can be construed to have a very positive impact on the downtown commercial district. Referring to the City s Downtown Revitalization Plan of 2005 it is quite clear that this project contributes to and is consistent with the Plan s`Vision of Downtown Atascadero #8 and #9 plus Priority#6 which states that the City shall `Support a theater and entertainment complex in the Downtown with the adoption of a zoning amendment creating an exclusive Downtown Entertainment Zone. It should also be noted that it was determined in the Plan that a 5 year priority was to `Install Downtown parking improvements(#11)"and `Encourage reuse and reinvestment of under utilized area surrounding the Carlton Hotel and along El Camino Real(#21)" If,after reviewing this information,Staff has the opinion that this project may have a negative impact on the Downtown, I encourage you to review the`Colony Square Parking Study prepared by Nelson/Nygaard Consulting Associates as well as the City of Atascadero Parking Uitlization and Management Study' These documents should assist �rrril� 55 ITEM NUMBER. C -1 DATE. 05/11/10 in confirming Mr Roush s statistics and the existance of adequate available parking in the downtown. It has always been my contention that one of the very best things that we can have in our downtown IS a parking problem We,the developers of the La Plaza Cinema and Restaurant project,look forward to presenting this application to the Planning Commission in the very near future. And one last thought to ponder as stated on the first page of the brochure produced for the City Office of Economic Development in July of last year• Atascadero is ideal for establishing,relocating or expanding Your business With advantages like a fast track development process and a forward-thinking business fiiendly local government;Atascadero is the place to be. Sincerely Michael K.Sherer *AW 56 ITEM NUMBER. C -1 DATE 05/11/10 ATTACHMENT 4: Film Distribution and Film Finance Facts Provided for Commission information FILM DISTRIBUTION AND FILM FINANCES The following is sourced from How Stuff Works-Movie Distribution' Here's the path a film usually takes to get to your local theater, • Someone has an idea for a movie They create an outline and use it to promote interest in the idea. • A studio or independent investor decides to purchase rights to the film • People are brought together to make the film (screenwriter producer director cast, crew) • The film is completed and sent to the studio • The studio makes a licensing agreement with a distribution company The distribution company determines how many copies(prints) of the film to make. The distribution company shows the movie (screening) to prospective buyers representing the theaters. The buyers negotiate with the distribution company on which movies they wish to lease and the terms of the lease agreement. • The prints are sent to the theaters a few days before the opening day. The theater shows the movie for a specified number of weeks (engagement). i • You buy a ticket and watch the movie • At the end of the engagement, the theater sends the print back to the distribution company and makes payment on the lease agreement. Once a distributor is interested in a film the two parties arrive at a distribution agreement based on one of two financial models • Leasing • Profit sharing In the leasing model, the distributor agrees to pay a fixed amount for the rights to distribute the film. If the distributor and the studio have a profit-sharing relationship, on the other hand the distributor gets a percentage (typically anywhere from 10 to 50 percent)of the net profits made from the movie Both models can be good or bad depending on how well a movie does at the box office The goal of both the studio and the distribution company is to predict which model will benefit them the most. Most theaters use buyers to represent them in negotiating with the distribution companies Large chains such as AMC Theatres or United Artists employ buyers while small chains and independent theaters contract with a buyer The negotiating process is very political The buyers often will accept a movie that the theater is not very interested in to make sure they get a film they really want. Distributors try to balance the movies they lease to theaters in the same local area to make sure all of the theaters will continue to Entertainment.howstuffworks.com/movie-distribution.htm/printable 57 ITEM NUMBER. C -1 DATE. 05/11/10 work with them. Sometimes a theater will get an exclusive or special engagement to premiere a movie in its area. Once a buyer is interested in a movie the lease terms are discussed. The Need for Concessions There are two ways for a theater to lease a movie • Bidding • Percentage Bidding requires that the theater agree to pay a fixed amount for the right to show the movie For example a theater might bid $100,000 for a four-week engagement of a new movie. During that time, it could make$125 000 for a profit of$25,000 Or it might take in only$75 000 which means the theater has a loss of$25 000 Few distribution companies use bidding anymore Most agreements are for a percentage of the box office (ticket sales) In this sort of deal the distributor and the theater agree to several terms • The theater negotiates the amount of the house allowance or nut, with the distributor This is a set figure to cover basic expenses each week. • The percentage split for the net box office is set. This is the amount of box office left after the deduction of the house allowance. The percentage split for the gross box office is set. • The length of engagement is set(typically four weeks) The distributor will get the vast majority of the money made by the movie The agreement gives the distributor the agreed-upon percentage of the net box office or gross box office,whichever is greater While first run movies that have just been released are loss leaders, movies that have been out for a while can be profitable for the theaters that show them. Second run theaters often get very attractive leasing terms from the distributor These theaters are facing increasing competition though, as first run theaters continue to show more movies past the traditional four to six week time frame 58 ITEM NUMBER. C - 1 DATE 05/11/10 ATTACHMENT 5: Public Comments received From:8054617612 Page:1115 _Date-4/13/2010 9:34_:36 AM RE:IaPiaaa Theatres A Theatre operating information April 11,2010 From.George Wm.Sdwoff,N City Mwmger:Wade G.MOOnney Azaeadero Rok-aopncnt,P►grney E" Planning Commission City Council P C U.) Chairperson Heather Moreno Mayor Roberta FonziI ,4 Vice Chairperson bavid Bent. Mayor Pro-Tem Tom.O'Malley ^iti . x�^ Commissioner Sandy Jack Council Member Jerry Clay P L-N ZoU q-I�y I Commissioner Dennis Schmidt Council Member Bob Kelley APR 1 2 2010 Commissioner Brian Sturtevant Council Member Ellen Beraud Commissioner Len Colamarino conwin DEvEl D7!1-".' Commissioner Chuck ward Dear Members of Atascadero City Leadership, After attending the recent study session I returned home after listening to the proposals of the IaPlaaa theatres with a desire to seek out more information. First let me express that I could aggressively support the LaPlaxa theatres if trey were introducing themselves as a solitary venture to provide first run movies to Atascadero and it's neighbors. As we know Galaxy Theatres was approached to satisfy the first rum movie needs of the community Frank Rimkus,CEO,introduced himself and his theatres very much in the same fashion as John Roush of Century Cinema Group. Additional functions,Digital Projection,etc. At this study session I did see a number of requests for RepertoryTheatre applications for the theatres by the audience but I also did recognize Mr.Roush expressing his primary intention is a first run theatre complex and his contractual commitments. Additional conversation surrounded extras that would in my opinion only offer theatre usages encompassing less than 5%of the projects proposed business model. It seemed the other 9S%of the proposal was only briefly visited. Galaw t hadres had already introduced its theatres ability to provide community oriented functions with it's Atascadero theatres. I did learn a lot and also found questions unanswered at the Study Session for LaPiaza theatres. What was voiced was a desire for a Repertory Theatre. The enthusiasm I saw with the LaPlaza proposal was more about location compared to the sensibility of expanding an industry where success is specific to the number of ticket sold. I took the time to write 8 movie making studios,my mistake,I should have written movie distributors,I am still waiting for replies. I also took the time to write Galaxy Theatres to learn more about their methods of getting their movies for their thatres. I was extremely surprised to have Mr.Frank Rimkus,CEO of Gala W Theatres call me to offer some conversation about his theatre currently being built in Atescadero. Of course he expressed his regret that another complex is being considered forAtascadero. He did explain to me that the community was studied for its potential to support a Multiplex theatre. It was determined Atascadew could support 8 screens;he is building io screens anticipating growth. This type of a study is what Atascadero needs as it proceeds with the Larlaza application. These numbers concur with most of the thoughts of those that question the correctness of additional screens in Atascadero. This fax was received by GFI FAXmaker fax server.For more information,visit:http://www.gfi.com 59 ITEM NUMBER. C - 1 DATE 05/11/10 From:8054617612 Page:2t15 Date:4/13/2010 9:34:37 AM w I hope I found specific answers with an online search with regards to movie distribution and the breakdown of the revenue generated by movie theatres. I have included information that in some merespects mirrors comments by Mr.Roush about distributors and their movie distribution The greatest concern is the ability of any theatre to generate ticket sales. It is clearly outlined that most all ticket revenue for movies is returned to the studios upon the initial opening of first run movies. The snack bar remains the primary means of survival for any theatre. A division of top fust nm movies by their location decreases the amount of ticket sales per venue and in turn the recovery of operating expenses will then be returned with high ticket and snack �Lrices. Unlike a grocery store the selection and demand of movies are small and extremely With the duplicity of theatres in Atascadero there will be an impact A more prolific study needs to be conducted and I would encourage an Environmental Impact Report Attacbed are two online piece of information I located that defines the Movie Distribution proem. Sorry the print is so small for"How Movie Distribution Works"located at: http://enterMinrnent.howstuffworks.com/movie-distributionl.htrn Also"Economics of the Movie Theater"located at: http:/Ithemovieblog.cotmZ2DD7/7,Q/economics-of-the-movie-theater-where-the-mgney-goes-an-m - it-costs-us-so-much And finally,a few pages from the Galaxy Theatre Corporate website. As Mr Rimkus explained when he introduced himself at a Redevelopment Agency meeting last fail.His theatres are very much community oriented and already has in place civic usage as well as educational events for his theatres. included in these pages is an editorial from the Tulare newspaper praising the wealth of community success returned as a result of Galaxy Theatres and the theatres strengths. Located at: http:/Iwww.galaxytheatresintemational.com/Comorate profile ndf I thank you for your time to consider all aspects of a second theatre in Atescadero and I do understand the dire situation of the downtown businesses. 1 will hope an effort to overcome the 300 yards between Colony Square and downtown will receive a forum such as an introduction of a Trolley type of car similar used in Sa ui Obis nce Galaxy Theatres premieres in Atascadero. Schroff,IV P.O.Box 1599 Atascadero,CA 93423 Omhroff„�vahoo.corn 805-97S-2856 (cell) This fax was received by GFI FAXmaker fax server For more information,visit http://www.gfi.coM 60 ITEM NUMBER. C - 1 DATE 05/11/10 From:8054617612 Page:3/15 _Date:4113/2010 9-34:37 AM t'agC l or 4 r a�rtita� '�..� •„�4.. a. � s,:,R>�s't!."•.,• ,• -� ae•> alt: i�.... s.WenrtexanAnvlassrwrhewen X14.. %Ad"I RSG 1 A•*— N•IM Atlr -- AIMiMk AM(n CroMmrmf:Mwn CoMo-V, llonkr tmAaw m >Wtl arep by "o%.M>M•r Mom"Ar:n� M, P-,* fCMm+ AM LexuR Tor!N•r,rr. M.wk SMI' JIM— EnoorrU wor afros Mehr Maetryt AWMN Hoa'Mo-vit Dintributiori Works w a lyw sm..one W".MM 0. OwnbNbn Woks 60 vapso to MW MOMa DlatrlbWon W Wb You Have probaby seen advealemfMlm in yaw brat paper lex nwvfes playMq a•syesbr rrar yov.9onretln ss.the ed wNl asy^Nak alar'a"Bpaelal erlpepenwm."NMt awrly tloes that ntaanT And Just bow tlo sloes mortes pot Man tM mOtiOn pk wm studio to low vllMN� in"*srkie,yaN weft path cora fibro from an Ids at wousorw's Mad too movie ecoaea et your law,aadtlptaft. You'd bsm vaMttlM"MIf h.M,d eutthsdsferartca beaMeas ttepeaeAkfp and bk iing r+d fin dy w4voland wry moria I, " A w upoonelvel Hero'*the peth a film uw*takes to qct to yow bcsl ftabr. Someone has an rea for a movie. ` They cosh sit adllna and vas It b pomtae I lest In the Ides. A 2bAIv or sMepstlde mvea m decides to pie rights to sro rim. • people an bouni t bgwmr to make the tqm(ScWen%~.poduce.draw.cwt,crew). • The Illm is eompNre and Aem to IM soft. TIM stdb on s deenehlp apraamefd wM a dtaldbldbn osmpany. . The disEbueop company delermk s hew arny aopbe(ptirth}at tlb flrn b Irlslto. .The dyYlbutlon Company shows tlo monk(mnwntnp)is pospeadue a yso IaproeettbrW aha Meataa The buyers neecpah wIM cox ftWbtMdt c"Wy cn width m*W"May wish to Naso And the Mier df dh twee aglaemant •The Onfa are mI b Ms meeters a few days bebre 1M opening day. • The thaatsrehows M movie bra spectped frumtrrstwasks(artpepaRMM). s You buy a tldtat and ws"the made. •At to And of the anp Wwrit the 11Mabi sande fM pdm Eads to Ms mmPouaon company and arks"PMM an to taaed sgrsameftt. This fax was received by GFI FAXmaker fax server.For more information,visit http://Www.gfi.com 61 ITEM NUMBER. C - 1 DATE 05/11/10 From:8054617612 Page:4115 Date:,4/13/2010 9:34:37 AM _ _-- -- _ _ _ ..... _. _ t agC L 0114 bailor i sr: �, .ero0a:s0xr,mae $ono Of Mew loops may be cmvbmed and,peroadidr In to eon of omen Indepeeusm otitis,adlppnM ape may be necessary.As you eon an,then, a a bt Mat goes an beets a moble is sow shown b a paysiC aiMiemoel The Ad a/tM Door %inti been nil sat mskeg a movie is trot nosey as davit a getting It dieslburd,Beane of to ono mous emoum or cost in money are time involved In daslbuMq P male,s dlnmador Ratket oontident tint anaV an make•1nilFgOm room on Bek Irnesbnom,Having the baddng of•major owdle ora well know dacaror sler to greatly an"wo fie dwKes of eaNAp s good dbblbidbn Beal,Mwapandent aimmpltsn ofWru use rum lsstivala ea sn ufpporininity p pet Ma anansan d dNrWUeR,Oma a dasmtibr ro imeraad M a flim,thewro psi% otdw n e d"wMan oweemem bast on one ar the financial modeu: • Leasing • PMR sharing M tine baMng modal.the disblbubr■90001 b pay a Pond sRoumlardo right$b distribute the atm.%the dMftuW and the studio have a pnol%Ifetng stations!p,on elo offer hand,the deMTuargeb a pstarlbge(grpiplly anywhere hem 10 Will)percent)of the net pragb trade fiarn ere"WAS.BOM models art be good or hod,deperxlhrp an tow web a mnove deal atthe box allft.The goal of ben fie ibdb and the dlabautlon aompsey Is b predict wale model wla bsrefh mom the most Meet of dr Rolm Nudios hsue Keit brm dlsbhabn Co n"nies.Farorumpls,pbnav awns BuOrr Viae,A major dkrhblrar.T10 dfMaa advernrpes M fits aro art it is very Slope b set rip•dMd"on deal and the prom C00100 doesn't here 10 Nos the profit w%h anti erowni ny.Tis big probe• a when on exponOw movie Is a tap—there's no one else b.here the cosh.That's the mein loam wv0ral aftelme frim prband on major wades in Moemyeem.For WWWIe,'St$Ltkm"Epypde t)nd'ymo pmdueed eftraly by tL film but dhbsbu bygga, The ant big alp aeenwa Orae the d "bvti0n company hes ttghe to the lam.Moat dsmbmfia net only provide the mawle b Matins.but obtain ancillary ftW a 11Wbue themed.on YttM DYG.wbje as r Wood' r(.odor rights t:r1 include aoa+dllnaf pps.poser.Cama.lays and other momhandlsing. vw rr s dmlbnfer hes eaeee■move.Bret sed sy la ds4mrdrne tie lest eb'etegy ser aptmkp fie movie.OpeniOp rafra a the ffew debut or a ince. Then ate sewai fatten to oeaaben • Studio • Target Audience • 9tarpwntr • Ik= • Season Obvbwly,a mrr•N 114t foe ereryadnp—noir serda bOdung.big ma Ono s gust gory-is potably goingle span Nq and do verywall,0 Rhos big sten bud denNt OPpara nave legs(rrnnnMq Cut It Wall notary POpulOr for long).the dbtrieaor may OM to pMthe•ova In as morty ateaon a powlWO during a fMet engpgsmenl Fewer amen wD be Interested Ina move with on unkno m net orpoor pros(uReAkipl Mkmw on aboul the movie),Sortrmmes a mole has gotten goad buzz,but lent only to he"masa appeal because of fie tudlrrae%e dantcletl h%might abm ea the wrong rheas of ynrfor•pWkm r type of movie.For epnpe,s hN hm is Chnsaos abryisnot akely to do wee opemnp on Mai dal Day weekend. AN of flow edition heap tin!dudbubrdaeaffl"the Manion of pours b make.Each print 4Vibsty rash about S1.S00 In$ZA00 to make,some dstribtwr This fax was received by GFI FAXmaker fax server.For more information,visit http://www.gff.com 62 ITEM NUMBER. C - 1 DATE. 05/11/10 - _ From:8054617612 Page:5/15 _Date_4!13/2010 934:37 AM I P2g'C 3 oI 4 must 00mider tit nrrmh•r Of areatMe•PWM tl�woeessnmy CM-1 n.Many or tho 27.000 FiMs In fie Unned Stales We 00r centre ed in Wean areas A Popular movie might W"awes in several lhestme in the same city whild anomer movie would now a much smaller sudiance.Smce bPeing a movie an 5.000 scream abdd oce S6 mskon to 0w Pants done,the distributor most be un Mutehe movie can anew enough people to make the ones vvodhwhve. Mose tmefen tae buyers o rewasent tlwm In mgowktW wen the dlslnbudon Companies.targe duns Such"i_il_C Th wW VCVaft9AOqg woo" WPM while small dwina and Independent"We M bectwre a Byer.The nepotiaMng promw Is very wlhiwl,The buyoes titan will accept a mov* that the theater R not very krteieslaa in to make sure spy get a Rm they really went DNMbukes try to balance the movie they lease to theaters In the some owl area to make sure ati of the erorkn will Continue to we*wMA them.sometimes a theew win gel an exclusive or s"elal engagement to ,-fens a movie in Ile ares.Orem a buyer is h toated M a movie.rho Nese terms am discussed. The Mood for Cones wme There are two ways for a Oweber to Wee a movie. • Bidding • Percentage Blddklg("Uhn that are theawr agree top"a lkred amcara ferthe dodlt o Now the mevle.Feraaample,a 11 oa1er might Md 3100.000 for a faunwwek engagement of anew movie.During HCl Owe,k Could mean$125.000 for a pond of$25,000.Ora might take M only$76.000.wtreh mwm the Inset Mw a Nes d$25.000.Few dWebudon m Hellas we bides C any"we.Most agoew um webs perowasga of ew bee oat e,Meld asks). In this son of dal,the disHbuor and On tiledw agree o w moo im. : The Muster ring oaetes Mu amount of the home aaowanw,or out with the dNtnbuter.This is a est 6gum to rows badC explMOOS sub weak The perwMMge spwfor the net box ofiee N eel.This Naha amount of box dfiw IM after tits deduction of vice how asowweloC. Tho pommnMge sp0tor gm gmw bwtaMo k set • The lengtlt of engagement Is ad ftypltasy fourweeks). The disebwbe seal gat the met matofky d tete money made,by the made.The agreement gives the dlewlbdbor10 apfaed-upw WCwsage of the net box r>Rios or groes box office.whkswwr N gloaterThe way this waits N ameringl ConMWr tM•exw*M.YtwNrA b nog*aft wlw l)'-I ulor B sew•naw movie.The$nater nae fqursd end alyaraes,Ow mm,are about$4,600 per week.The net pwoomage to go fetM dfenbcdor is wt at 65 parnentfortha tl two wanks,90 pemem ternwk/hese and 66 peneentfe fie find wads. TM prow pereertNga logo o the dMbieuor le set w 70 paroontfor the tied Vivo weeks.60 pet wet for week ranee am so pow m ter 0te llnei weak. :Ow 'sg�A60 1;141144011.�L Obm dOlO.em..,all Irr,a' enrebo' ae�0o.;l*%$se ,tt�,eg5' -0800 .,._ 1 .� ww';'.•�A00 y�iaigb ,I I'N.7D0., `A�'..t ysi00 Mr.i..•''1!0.000 j"'idl/OB )?a6;S73 .y6A00 ;Mpas45 You nn see that during waft on,too and Was.tha groes"Me woo b higher.The ret parwraaya N ldgherrar weds few.so be d wfaorwow Mks grew t»rwmage en ase Muauah fines then testes waste taH.Thr awa4r breaks ewntlw 6rowaaR.bws ttonay 6u aaaaW mrd makes a po6t on weeks Mies and four. The mowle Nevi Is considered aloin feeder by rep thwamcow.it Is ntemi o stet PeaPte MC the dwter.Tho lhada melua b Itserwy wBng w"shi m to the movie audNme.Torre why eonwwbw axe so @we%Owe—wdewut me pn78le gefrarO, by firings eke p,Mw and node,rust fhapwn mould rpt OYOW o my in buaimss. At tit and d ince ttepatlatea apsgemeM.Vfib tantow Mato dn4kulor ks shots ofria ban OfBoe astps Ned rewme fine pee.Bs tmvib te wry pMROP and can eanti ue to draw a steady atonal.fie theater may r "Whets w saawW I*Naas afreaaunt Any rim you ewe tw PIN—-Hold aver you Nnewr M+atBw tnagw ha stranded the frKnisisaw. Vfib fleet Rin mortes Mat hewehrw been released sea lova kskflwa,ate moi girt have been wAlos r While can be W&WAs 0orow 6aaatws*W~ them.8scond mm Blaatew eMn pat vstY ethraaawe NeeVtq terms 11wn Bw dlealtasMn.These ttwatpw mos teCx10 Maeandnp eoearaft tbwtph,w Md ran inew ra eorreraet o arew mom mows!pad tee irealo ut Ibur o stet west;lino}nesse. COM wore ln0arerMilo Related Now stuff works articles Haw Mable Moietlors rF WtdPA+fe&Q=MWbrk •t]f60t�flty d 1� • Hew_7�X p�(tf cs •$law l:enhoadb FVC Cowles V'ausl E(F� Ho wBlueScreen SDaCW�eoU YWmt w�,d0/rleyiC ratirxaa�n arra Who addies� Mow does a mOrl[r rJeweebeard�'r • Hew tip 1he,.yyoWr Nd bids and white rmwcs7 More Great l.lnks •Maw'r pJqura WdducOon aha t7isfe3,utlan •�Rete DeaLDn Me Fitm DiptnOtdwf�„�at • Mgflan Piekw_prmusserl,6 Olgirbtttlpn Maier Dletmbrsien Comwnne civ the Iv�,q'og„PArgt1�kwustn This fax was received by GR FAXmaker fax server For more information,visit:h4Jt~.9fi.com 63 ITEM NUMBER. C -1 DATE. 05/11/10 From:8054617612 Page:6/15 _Date:4/1312010 9:34:37 AM Economics Of The Movie Theater—Where The Money Goes And Why It Costs Us So Much October 22nd,2007--Written by John Campea 79 Comments The attention and interest generated by the article I put up the other day on Why Commercials Before Movies Is Worse Than Piracy '` -- continues to generate a lot ofdiscussion(and so the topic should). Ne of the recurring emails I've been getting from a lot of people is the question about why it costs so much to go to the movie theater(in light of.the commercials and ad revenue the industry is making for itself),where does the money go and how do we make this stop? Much of what I'm writing here now is a lot of paraphrasing from a chapter in my abandoned book project from a few years ago.But here's the gist; 1.)Who Gets Wbat From Your SIO ticket? Ok,so you walk up to the box office and drop down your$10 to buy your ticket.Who gets that money?A lot of people assume(as did I at one point)that the movie theater keeps 50%of it,and the rest goes offto the studios.That's not really true. Most of the money that a theatre takes in from ticket sales goes back to the movie studio.The studio leases a movie to your local theater for a set period of time.In the first couple of weeks the film.shows in the theatre,the theatre itself only gets to keep about 20%—25%of the green. That means,if you showed up to watch Bridget Jones'Diary on opening night,then of the$12 you put out for a ticket,the movie theatre only got to keep between$2.40 and$3.00 of it. That's not a lot of money,especially when you think about how much bigger and elaborate theatres are these days.It's not cheap running one of these places.It can get even worse.This percentage will vary from movie to movie depending on the specifics of the individual leasing deal.For instance,2 movie theatre managers told me that for Stat Wars Episode II:Attack of the Clones,the studio took 100°!0 of the box office take for the first week of release.Can you imagine that?They had to over staff and have above normal capacity flood into their theatres. and they got to keep$0.00 from the ticket sales.That almost seems criminal. Now as you move into the second and third weeks of release,the percentage starts to swing to anywhere from 45%—55%that the theatre gets to keep.It gets better after the fourth week when theatres generally can keep up to 809A or better of the ticket sales.There is an obvious inherent problem with this arrangement I don't know about you,but when I finally get around to seeing a film that's already been in the theatres for 4 or 5 weeks,I'm usually one of the only people in the place.It doesn't do the establishment a lot of good to keep 809/6 of the ticket sales when only 14 tickets are sold per show And with more and more and more movies getting released every week,tate length of time that a movie strays in theaters is shrinking.Bad news for the movie theaters. This tax was received by GFI FAXmaker fax server For more information,visit:http:/t~.gfi.com 64 ITEM NUMBER. C -1 DATE. 05111/10 From_:8Q54617612 Page:7115 _pate_4!13!2010 9-3437 AM — - Movie theaters are then forced to really make their money off concessions.One theater manager said"We re not in the movie business. we re in the candy business" Very true.So if you ever wondered why a$0.15 bag of popcorn is costing you$5,and a$0.08 cup of Coke is running you another$4 it's because the economics of the industry system is so screwed up that the concession stand is where theaters have to make most of their money 2)The Cost Of Making The Movies With the cost of today's movies getting higher and higher the studios leverage their position with the theaters to squeeze more and more out of the arrangement mentioned in point#1 10 years ago they weren't paying Chris Tucker$25 million dollars for one movie. for 3 months work.. aback. CHRIS TUCKER. $25 million.Superman Returns did NOT need to cost $200 million to make.Spider-Man 3 did NOT need to cost$250 million to make.These numbers are astounding when you consider that just 7 years ago they would have called you mad.The pace of costs is far outpacing the requisite inflation. and there is really no excuse for it. This is directly tied to how much you and I pay at the box office,and thus tied to why popcorn has to cost so much,and thus tied to why we see commercials.The higher the costs go for for making films,the higher my costs will be to enjoy a night at the theater.Swr,Transformers made tons of money but the studios have to squeeze us for everything they can get to make up for their flops.. their films that DON'T make money And people always wonder why I get so pissed off whenever I think about Chris Tucker getting $25 million.Because ultimately that money(at least in part)is coming out of my wallet. 3)The Orguisn of the Studio/Theater Relationship To really make sense of all this,you have to step back and look at the Studios and the Theaters as one industry entity and view it from the perspective of how the parts work together to truly get a grasp on how big and out of control tate problem is.You can't just try to blame the Studios. nor can you just blame the Theaters.You have to look at them both(in this situation anyway)as one industry how it frmctions. and ultimately how it affords its mistakes and inefficiencies at our expense. The studios spend too much money making movies(and make too many movies),they squeeze as much box office revenue as they can from the Theaters thus forcing the theaters to charge us high ticket prices to make what little they can fmm each ticket,gouge us at the concession stand to make ends meet and show commercial after commercial after bloody commercial to pad some profit. Do you see what happens?Look over#3 again.Ultimately,the studios don't have to learn from their mistakes,theaters don't have to manage themselves smarter because as costs and losses and expenditure add up.., they just keep passing off the bill to us.We pay for their mismanagement and spiraling costs.Why should they change anything or fix anything when they know that well just pay more to make up for their mistakes. We pay for their mismanagement with our high ticket prices. This fax was remived by GFI FAXmaker fax server For more information,visit:httpJtvvww.9fi.00m F� ITEM NUMBER. C -1 DATE. 05/11/10 From:8054617612 Page:8/15 _Date:4113/2010 9:34:37 AM We pay for their mad decisions with$6 bags of popcorn We pay for Chris Tucker's$25 million paycheck with our time watching in-theater commercials. All the while the industry continues happily along its downward spiral feeling no ill effects of their stupidity because they've taken those ill effects and shoved them up our rectums for US to deal with. 4)The Solution Has To Start With The Theaters If this insanity is ever going to stop. if change in the economics of going to the movies is going to ever happen,I'm convinced it will have to first start with the theaters.Movie theaters have to better organizes themselves and collectively stand up the the Studio system and REFUSE to let 801/o of the box office dollar for a films first week of release go flying out the door to Hollywood.By not standing up collectively the movie theaters act as complicit enablers to the studios behavior. WHAT WOULD HAPPEN IF THEATER OWNER ASSOCIATIONS REFUSED TO GIVE ANY MORE THAN 500/b OF OPENING WEEK BOX OFFICE MONEY TO THE STUDIOS? I'll tell you what would happen: a—Studios would be fbtced to SERIOUSLY look at their own economics and financial responsibility There would be no more$25 million dollar pay days for B string actors b—'Maters would actually start snaking some money on. you know MOVIES c—With added revenue from the actual box office,the pressure on theaters to add more ads, to raise ticket prices,to jack up popcorn costs. would be at least a little bit alleviated. It has to be a collective effort by the theater owners or else the studios will just refuse to give their movies to the strbbom theaters and give all the business to others.If the Theater Owner associations collectively said"pow",the studios would have no choice but to start to fix their leaky boat 5)Why Not Going To The Theaters Won't Fix The Problem Some people will say"Well then let's not go to the movie theaters until we force them to change" That will NEVER work,because as I've demonstrated above,when there are financial losses,the current industry system just takes back those loses from those who arc buying the tickets,They'll blame piracy for the dip in thater attendance and raise prices even more.It's a systemic problem. And if you think you're safe from these rises and gouges because you just watch movies at home on DVD guess where the systemic problem will strike next once they've bleed the theater goers as much as they possibly cats?DVDs and HD discs will suddenly start costing$60 a shot and Hollywood will pressure Washington to pass tax laws on Big TVs to pay a fee to the studios for each unit sold,thus raising prices there too. This fax was received by GFI FAXmaker fax server For more information,visit:http://www.gfi.com 66 ITEM NUMBER. C - 1 DATE 05/11/10 From:8054617612 Page:9/15 Date:4/13/2010 9:34:37 AM " •1 .Y' !M 4?L CT „ 5.* 77pp 1 �•Y r The Vision A new Galaxy Theatre is designed built, and operated to be a profitable first class high impact movie entertainment experience A new Galaxy Theatre will be the first choice of moviegoers near and far and a continuing source of civic pride. for generations to come. 0 This fax was received by GFI FAXmaker fax server For more information,visit:http:itwww.gfi.com 67 DATE. 05/11/10 :0DaW 4/13/2010 9:34:37 AM CREATING THE MAGIC evefyday This fax was received by GFI FAXmaker fax server For more information,visit http:/Avww.gfi.com 68 r� ITEM NUMBER. C - 1 DATE 05/11/10 From:8054617612 Page:11/15 Date 4/13/20109:34:37 AM G-ALAXY TIME AYR 9So VISION STATEMENT Provide a consistent first class entertainment An Introduction experience in the communities we serve through Galaxy 1 heatres,LLC is a fully integrated movie thee.- effective management;friendly service:quality tre company Privately owned rt is ranked, by size in presentations in comfortable clean surroundings, the top 10% of its industry according to the National thereby fncrleasing customer satisfaction, market Theatre Association, Formed in 1998. its focus is to share and profitability capitalize on emerqing growth opportunities within the Exhibition Industry by developing and operating a port- folio or high impact. state-of-the-art movie entertain- ro_ ment theatres in selected secondary markets of the i. western United States. Its properties are controlled by - XR1EidG ownership leases and management contracts. The F primary objective of Management is to maximize the } _ value of the Company s individual and collective as- Sets sets and build consistent cash flow for the Company ij �., l q r and its shareholders r 4T x Geographically the Company's growth has been in t secondary markets and niche opportunities in larger :: ` c p�.� v7 � markets. Unlike most urban markets.these mid-sized 15 a l e b 1n o- T/T r a A1h+ti markets are traditionally underserved, have pent-up demand,often with outdated,Sub-standard theatres(if C rn. �- �p any). Experience has shown that this 'only game in T'Rs-`' tx town" strategy coupled with the Company s philoso phy of social entrepreneurialism and talented--flaid••• �L 9 e 6� t t , management can create strong market dominance. "�� �""7, r�Xe a z provide above average revenue-per-patron results, sn- 4 •r and lower the costs of local operation. ¢< ,.w<� ,� Tffif:MFf'i�u ^ Galax Theatres is a full integrated Exhibition corn Y Y e9 - +r E mow* F. pany From site kttation, to design & development, '_ t.Tj,<� finance, operations, and film buying, the Company's �4. E ; :f la key management team has over 70 years of combined experience. On the strength of their long term relation- ships, Galaxy Theatres can assure access to all first7-7 run movies available to Exhibitors notionally As of the end of 2007 Gala Theatres LLC Principals will have Galaxy P rf8. i t►ba �'d A8 � � M been involved in developing andlor operating theatres totaling more than 177 screens. ° •• , = - This fax was received by GFI FAXmaker tax server For more information,visit,http:llwww.gfi.com 69 ITEM NUMBER. C -1 DATE. 05/11/10 From:8054617612 Page:12115 _ Date:4/13/2010.9:34_37 AM Awarding Winning Business Philosophy Community Service and participation builds strong bonds and goodwill in all the communities we serve. � , z_ RAARn b6 Slll'FR�YISpRt fF v t � 1EVv.,j P G,Q r/'nrhrroaienn/;firn�+rilinu •> p• ..._.... 2007 n r Church Services&organizations o.r■■r+s City of Riverbank De:vokrpment Canfaenc:A ACASRRi'GMOICC atyofMonro6Development Confemrices rxrrww>+rrro....r.*.r C'fty of Tacoma Summer Fitms in the par!c Elementary School Reading FYoorams ��— Miss Riverbank Pageant 2W Modesty Bee Modesto Junior College Classes Police It Fife Department Fund Raising Benefits Snohomish Crxinty Annual Rea!Est81e Cu4srence 3 t Stanford Women s Urganwalion Stan'ssiaus Crwnty Economic Ctmftrmc Slaic of Caiilorrea Letxx Confarence U.S Aa Forc9 Thundertxrds Wine&Cheese Festival-Stanislaus County a This fax was received by CFI FAXmaker fax server For more information,visit:http://www.gfi.com 70 ITEM NUMBER. C - 1 DATE. 05/11/10 From.8054617612 Page:13/15 Date:4/13/2010 9_34:38 AM Tulare EDnO L Advance-Register Theater already entrenched in community November 28,2006 When theTulare Galaxy Stadium 10 opened in tate 2004,residents were awed by its size,lights, decor and more. The awe led to a common thought among longtime Tulareens. Gees,sure hope this lasts. After all,Tulare had a long history of struggling to keep downtown theaters in business.And movie money was typically just another loss Tulare had suffered at the hands of Visalia busi- nesses. But today that's dated as a silent movie.In only two years,the Galaxy theater has become en- trenched in7utere culture—and Its more than the movies it shows.Last month the theater Hosted the Veterans Day-themed Stories of Service event,where local veterans told their memo- ries. The theater will regularly show a free welcome-to-Tulare movie the Chamber of Commerce has created to help newcomers assimilate into town culture. Theater management has proven very hospitable to locals,from local'Stat Wens"flan dubs to birthday parties to the chamber's employee Oscars gala:(The"Star Wars"junkies were even at- bwed to reenact light saber duels in the theater lobby.) 'The theaters.otherstrength3: • Location.With bright lights visible from Highway 99,the theater is hard to miss.It now an- chors Preferred Outlets at Tulare.And with a few more restaurants,it will be as appealing as any Valley shopping spot. • Youth appeal.The outlet center and theater.are cool hangouts for kids—especially the teeny-boppar-set that is too young to drive yet doesn't want to hang with.parents. • P*arents,can drop their kids to hang out with friends there and know they are in a relatively safe,confined area-with security and no seedy dives. A And with htp stores like Nike and,Aerepostale around the theater kids are happy to there. • Proximity to Visalia.Visit the.theeter.and you'll see evidence of Visalia p8drons.Look for Visalia schools on sweatshirts,capsi Bumper stickers and lieenme plate holders and you'Itfrnd We'reen forexam obviously getting some Of MsolWs cash,a nice change. -Credit the.theAftes overall deonliness and personable sthff:Those are reasons-marry Nuns also shop at Wal-Mart and Mervyn's in Tulare rather than in their hometown. And Mealia's theaterfautts add to Tulare's-Wengths.The streets arouAd Visalia's downumh thea- ter am cramped.The theaters inside the Sequoia Mall themselves arecramped,with no*odium sealing. It appears that Tulare will fiave no problem sustaining Its theater,a vibrant part of the community And that's more heaartwarming than your typical Hollywood sage. This fax was received by GFI FAXmaker fax server For more information,visit:http:/twww.gfi.com 140 71 ITEM NUMBER. C -1 DATE. 05/11/10 From:8054617612 Page:14115 _ Date:411312010.9_34_38 AM Always able to enjoy the finest in first rurr,films On the strength of our long term relationships, Galaxy Theatres G* d A X Y can assure access to all first run movies available to exhibitors T H E A TR E S, GalaxyTheafres Fin Studio Relationships: Charles Goodman,Vice President Operations Lee E.Josselyn,Vice President,Film Buyer f;s Buena Vista Wanes for the Company Mr Goodman is responsible fpr the Galaxy Theatres,tic. fuer Josselyn has over 31 years Cask Hill Productions executive management and supervision of the day-to• or experience in the movie exhibition business From Columbia Pitres day operations of the Company s theatre circuit. En- 1992.1994 he served as an exewtive wtih Savoy Pic tering the busincss in 1981 Mr.Goodman brings tures with principal responsibility for nev✓film release DisoeyStudios twenty years of theatre management experience 10 hudpets,advertising,and theatre share.From 1966 to DreamtAfadcs Pictures the Company From 1985 to 1999,he held various 1992 he served with United Artists Theatres in posi- Fox Seerchiight Ptt lijies positrons of management and administration with tions of operational responsibility Serving as film buyer Lions Gale Fins United Artists Theatres. White working for UP.Thea- and district manager from 1974 to 1978.his responsi- MGMtres his responsibilities included general and financial bildies included over 220 theatres nationally Named Studios management,staffing,training and developing cus- National Director of Advertising and Development in MRannax Films tomer service and employee policy for United Artists 1987 he served in that position through 1992. New Line Plclums San Diego region. Mr Goodman has over twenty Mr Josselyn is a graduate of Los Angeles City ParamatnIftlfies years of field experience in managing multiplex thea- College,majoring in Business and Advertising.He Tdmwk fiches fres,which include United Artists'famous Horton currently serves on the Codes Committee of the No- Plaza 14 in downtown San Diego,and ten years of Twen"Century Fox tonal Association of Theatre Owners.During the past property management experience. Prior to 1986.Mr. fifteen years Mr.Josselyn has been active in civic and Uri"ersal NoWma Goodman was employed by a regional theatre cram- charitable organizations including United Way and The Wester Bros.Fins pany serving Colorado. Easter Seat Society.He has also served with the Spina During the past twelve years Mr Goodman Bifida Association and worked extensively with Junior has distinguished himself both personally and corpo- Athletes in Wheelchairs. rately in civic and charitable organizations,which in- clude The Easter Seal Society Variety Club,and Ro- tary Club(2004 President),and Riverbank Chamber of Commerce(2003 President). He has received several awards for his accomplishments on behalf of The Will Rogers Foundation,San Diego Community College,San Diego Kids to Careers Projerr and San Diego Disabilities Program. Under his leadership. individual theatres wilhin Galaxy Theatres have com- peted and received numerous business awards which include Business of the Year,Readers Choice Award for Best Theatre,City Business Development Award, Best Concessions Award.and Best Theatre Experi- ence in the County This fax was received by GFI FAXmaker fax server.For more information,visit:http://www.gfi.com 72 ITEM NUMBER. C -1 DATE 05/11/10 From:8054617612 Page:15/15 Date:4113/2010 9:34:38 AM MANAGEMENT Smory mitnagem ent of Galaxy Theatr(x is halancsd anis , a 7 ^ diversified arn;ulg four individuals.Each memoer averages over 20 years experience in his respective execcdive resport- sibilities.Theso include real estate development finance,and theatre operations.Galaxy Theatres enjoys an excellent rela- tionship with all major studios neiuding Disney Sony Pic- tures 04amer Bros.,Paramount'1 Dreamwvrks.20th Century Fox,MGM,.Universal and PolyGram.It has equally strong relationships wiCi independent companies such as Miramax. Lions Gale Enterlainmenl,New Market films,New Line,Fu- cus Films,etc:. On the strength of these relationships Galaxy Theatres Is able to access all timl nm movies released nation- ally to exhibitors The Execirtive Officers of the Company are: Rale Co6m Lee Josselyn.crank Rm*us.CharMs Goodman Rafe Cohen.CPA,President&Chief Operating Officer of Frank J.Rimkus,Chairman&Chief Executive Officer of Galaxy Galaxy Theatres,tic.Previously,he was a co-founder and Chief Theatres,llc.His professional background encompasses over 30 years Operating Officer of Cinema Properties Corporation.Founded in in real estate and investment banking experience.From 1983.1995 he 1987 that company specialized in the location and development was affiliated with Winthrop Financial Associates,a privately owned of multi screen theatre corrlekss.it developed thew;nrojecls nationatreal estate companyAti F I , ,.in?SSets)s9rvingss;oastner - tar the Company's account as well as other U S.theatre opera- and Managing Director from 1985.95, tors, Previously from 1975.1983 hit Rimkus served as a Moe Presi- Mr Cohen has over twenty years experience in financial dent will,Dean Witter Reynolds,Inc.with his emphasis in investment management and theatrical exhibition. During that time he also structuring and private placements.From 1970-1975 he was an execi- served as an advisor to real estate firms and financial compa- five of Environmental Systems International,an engineering and plan- nies.As president of Cinema Properties,and as a real estate ning firm which provided economic,design and planning services to broker he has participated in all phases of real estate acquisi- real estate development companies throughout the United States and tion.development and management.His development expert- Asia. ence includes movie theatres,apartments,single-family houses Mr Rimkus is a graduate of California State Polytechnic Univer- and mobile home parks. sity Over the past twenty five years,he has been active in various Mr Cohen received both a Bachelors Degree in Political professional and civic organizations,which include the YMCA Board of Science,and a Masters Degree in Finance from the Manaqers,51,Johns Hospital.Santa Monica,CA,Rotary trnemational. University of California,Los Angeles.Additionally he holds a the Urban Land InsMuta,and the National Parents Committee of the Masters of Business Taxation from the University of Southern University of Virginia. He currently is a member of the Owners Com- California.Previously Mr,Cohen was affiliated with the national mittee,National Association of Thcatre-Ownem-and serves cra-ft- accounting firm of S.D.Liedesdorf,which subsequently merged Board of Directors of the Association's CaitfomialNevada Chapter with Deloitte&Touche. Mr.Cohen s interests include politics and he is a member of the Los Angeles Chapter of the Unwin Club. This fax was received by GFl FAXmaker fax server.For more information,visit http:ltwww.gfi.com 73 8420 Los Osos Road V ;- *""'" Atascadero, CA 93422 March 17, 2010 MAR 1 8 2010 CITY T O Letters to the Editor Atascadero News P O Box 6068 Atascadero, CA 93423 Re- La Plaza Retail Development Plan If the city council and the planning commission even consider the proposal by developers Mike Sher-er, Larry Wysong, and John Roush to include a theater complex in the La Plaza retail development plan, they should be ashamed of themselves. A second theater complex in a city the size of Atascadero would mean almost certain failure for both enterprises. Sincerely, Wanda Bolt cc: Atascadero City Council and Atascadero Planning Commission 6907 El Camino Real Atascadero, CA 93422 *4W 74 ITEM NUMBER. C - 1 DATE 05/11/10 ATTACHMENT 6: Proposed Mitigated Negative Declaration CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION 2010-0001 6907 E1 Camino Real, Atascadero CA 93422 805461 5000 Properly Lien Lioff,LLC.PO Sox 215+ Paso Robles,CA 93447 Owner: Applicant: Larry M.Wvsong.7025 Morro Road,Atascadero,CA 93422 Project Title: PLN 2009-1341 'CUP 2009-0244 La Plaza Cinema Retail Project Project 6320—6490 EI Camino Real,Atascadero,CA 93422(San Luis Obispo County) Location: APN 030-191-030,031 016,017 and 030-193-003 Project The project consists of a Conditional Use permit for a 10 screen '1400 seat movie theatre(33.000±sf), Description: retail space(2350±sf),and sit down restaurant(43301 st)on a 1.5 .acre site with no on-site parking, a height waiver exception request,a tree removal permit ror one 6-inch White Oak and a Road Abandonment of a portion of Atascadero Mall and an easement along the EI Camino Real frontage. Findings: 1 The project does not have the potential to degrade the environment. 2. The project will not achieve short-terns to the disadvantage of long-term euvtrotmnental goals. 3 The project does not have impacts which are individually limited,but cumulatively considerable. 4 The project will not cause substantial adverse effects on human beings either directly or indirectly Determination: Based on the above findings,and the information contained in the initial study 2002-0040(made a part hereof by reference and on file in the Conutmnity Development Department),it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project(see attachment)- Prepared By: Ll arren Frace Date Posted: April 1 2010 Public Review Ends: April 20,2010 Attachments: Initial Studv F'i!e:PI\.AM-1?:1.Le Plern ClOa iS-At�D Prot Deo-:nt 1?104::R A\! 6907 EL CAMINO REAL a ATASCADERO,CALIFORNIA 93422 • (805)461-5035 • FAX 461-5036 75 ITEM NUMBER. C -1 DATE. 05/11/10 ['111 p t 9 1976;'7 CITY OFATASCADERO INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Environmental Review 2010-0001 Property Owner: Ben Hoff,LLC,PO Box 2153,Paso Robles,CA 93447 Applicant: Larry M Wysong,7025 Morro Road,Atascadero,CA 93422 Project Title: PLN 2009-1341/CUP 2009-0244,La Plaza Cinema Retail Project Project Location: 6320—6490 El Canino Real,Atascadero,CA 93422(San Luis Obispo County) APN 030-191-030,031,016,017 and 030-193-003 Project Description: The project consists of Conditional Use permit for a 10 screen'1400 seat movie theatre (33,000 sf),retail space(2350±sf),and sit down restaurant(4330±sf)on a 1.5t acre site with no on-site parking,a height waiver exception request,a tree removal permit for one 6-inch White Oak and a Road Abandonment ora portion of Ataseadero Mall and an easement along the El Camino Real frontage. Lead Agency Name City of Atascadero and Address: 6907 El Camino Real,Atascadero,CA 93422 Contact Person and Warren Fracc,(805)470-3402 Phone Number. City of Atascadero,6907 El Camino Real,Atascadero,CA 93422 General Plan D-Downtown Designation: Zoning: DC—Downtown Commercial Surrounding Land North. Vacant commercial buildings Uses and Setting: South. Gas Station and Auto Repair West: US 101 Freeway East: Sunken Gardens community park and retail commercial. Other public agencies None whose approval is required(e.g.,permits, financing approval,or participation agreement) 04113/10 atrt 2009-1341 La Plaza CEQA IS-MND 76 ' •,' .r --:f.�f !r\n "TT�' M��r'F•�'``^.,w` �' �� r a' 'w`�r'� ...+*4 � ��c,t*Yn.wl :. w41k - I :``n k• � >,,, f ,(„ ,. fat. c„. ���r �'�k"w. '�" w Com'f �� fir_ a �' i �t ^•`w, �, ,. � �:r., ,y s x k ,. J 4 '� •".'. ,,-».� �, �"'b. fir' µ:Vi \ �v` \', ��, ti � E ITEM NUMBER. C - 1 DATE. 05/11110 CITY 0FATASCADER0 INITIAL STUDY Attachment 2 Site Plan and Floor Plan If 31— GROUND FLOOR SITE PLAN La Plaza Cinemas / Retail Project Atascadero, California Lr March, 2010 0 10 40 SZNHOFFALC.pw ,ye.er. UESUGJ&ASSOCIATES JOHN ROUSH,CE RAL COAST CINEMAS. architects interiors planning sustainability LARRY%VY501iG CO.1TRUCTION,&-Jw 61eMARKET STREET.SUITE fry MICHAEL SHERIP,/PEABODY COMMERCIAL REAL ESTATE, SAN FRANCISCO.CAUFORNLA wroa 64 /—I P.P—y."i. rn&6AM NOW 78 ITEM NUMBER. C - 1 DATE. 05/11/10 �#_Cwy CITY OFATASCADERO INITIAL STUDY Attachment 3 Elevations \ �f§� z 0 4 Z z w > z \/ / } 0� L : 0' Z,; ri L . � . � � | \ - � E ■ / \�� � ^ - ; 5 7. 2 2 PLN20M1341 La Plaza CEQA IS-MND � 79 ITEM NUMBER. C -1 DATE. 05/11/10 N` > Yfic CITY OF ATASCADERO J INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program !Monitoring Measure GP Grading Permit PS.Planing S- EP Budding Pennnl BS Buddng Sown PLN 2009-13411 CUP 2009-0244 La Plaza To Tcinp a Cmupancy FD:Fm Depariant Fl:Final nspinkn PD:Poke Dem"eni FO'.Final Ompancy CE Oly Engnw WW.Nastewat, Ck Co Albney AMN'C.Wale,Come. BP PS 1.c Mitiaation Measure 1.c. The rear elevation of the building that is visible from US 101 shall include substantive architectural treatments and materials. Mitigation Measure 3.b.1 BP PS 3.b.1. The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust(PM-10)as contained in sections 6.3,6 4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturers specifications. • Fuel all off-road and portable diesel powered equipment,including but not limited to bulldozers, graders,cranes,loaders,scrapers,backhoes, generator sets,compressors,auxiliary power units, liv with ARB certified motor vehicle diesel fuel(Non-taxed version suitable for use off-road). • Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4. Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non- peak hours to reduce peak hour emissions. • Limit the length of the construction workday period,if necessary • Phase construction activities,if appropriate. Section 6.5. Fuaitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed(non-potable) water should be used whenever possible. C All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the 04113/10 PLN 2009.1341 La Plaza CEQA I5-MND 80 ITEM NUMBER. C -1 DATE 05/11/10 v;. CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsbility Mitigation !Monitoring Measure Mitigation Monitoring Program GP Gmcmg Permit PS.planning SsnKec BPBM"q p and BSS finding Semnm PLN 2009-1341 I CUP 2009-0244 La Plaza TO Temporary Ocwpenv FD:Fine Depardnmt FI.Final inspechon PD'Pdice Deperlmml FO'Final Occupancy CE'City&9wr WW'Wasbwa4[ CA.Cdy Atomey AUNC:Water Comp approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. F All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder jute netting,or other methods approved in advance by the APCD G. All roadways,driveways,sidewalks,etc,to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt,sand,soil,or other loose materials are to be covered or should maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer)in accordance with CVC Section 23114 J Install wheel washers where vehicles enter and exit unpaved roads onto streets,or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering,as necessary to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation 5A.1 In the event that human remains are discovered on BP PS 5.d.1. the property all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American,the California Native American Heritage Commission(NAHC)shall be contacted at(916)653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. 9.f 1 The project shall prepare a Storm Water Management Plan BP PS 9.f.1. that incorporates Low Impact Development(LID)measures to the satisfaction of the City Engineer 04113110 PLN 2009-1341 La Plaza CEQA IS-MND 81 ITEM NUMBER. C -1 DATE. 05/11/10 �Ilrria� fir% r - �AZ CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program !Monitoring Measure GP Grading Perrot PS.Banning S— BP Buddcg P—r BS Budding S—= PLN 2009-1341 1 CUP 2009.0244 La Plaza TOTertpmary(),-Pads, FO AVX ertment FI FiraanWoon PD.Polm Depaftent FOFalOxppaz y CE.CM Erg,..r M Wftb—t, C0..Cdy Abb y W AIC.Wader Com 912. The project shall prepare an Erosion and Sedimentation BP PS 91.2. Control plan and shall submit a Storm Water Pollution Prevention Plan(SWPPP)as part of the project grading plans. 04113VIO PLN 2009-1341 La Plaza CEQA IS-MND 82 ITEM NUMBER. C - 1 DATE 05/11/10 ii ` y' CITY OF ATASCADERO INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is it 'Potentially Significant Impact"as indicated br the checklist on the following pages. ❑ Aesthetics ❑ Agriculture and Forest � Air Quality Resources ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Greenhouse Gas El Hazards&Hazardous Hydrology/Water Emissions Materials Quality ❑ Land Use/Planning Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation//raffic F-1F1 I Service Systems F1Mandatory Findings of Significance On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a 'potentiall} significant effect or 'potentially significant unless mitigated"impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ❑ 1 find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Warren Frace Date 04173MO PLN 2008.1341 w Plaza CEQA IS-MND 83 ITEM NUMBER. C - 1 DATE 05/11/10 J CITY OF ATASCADERO INITIAL STUDY EN ALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except 'No Impact"answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A 'No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g.,the project falls outside a fault rupture zone).A"No Impact"answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2) All answers must take account of the whole action involved,including off-site as well as on-site,cumulative as well as project-level,indirect as well as direct,and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact"is appropriate if there is substantial evidence that an effect may be significant. If there are one or more"Potentially Significant Impact"entries when the determination is made,an EIR is required. 4) 'Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a 'Less Than Significant Impact. The lead agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than significant level(mitigation measures from "Earlier Analyses as described in(5)below, may be cross-referenced). 5) Earlier analyses may be used where,pursuant to the tiering,program EIR,or other CEQA process,an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D).In this case,a brief discussion should identify the following: a) Earlier Analysis Used.Identify and state where they are available for review b) Impacts Adequately Addressed.Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated, describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should,where appropriate,include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8)This is only a suggested form,and lead agencies are free to use different formats;however lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9)The explanation of each issue should identify a) the significance criteria or threshold,if any used to evaluate each question;and b)the mitigation measure identified,if any to reduce the impact to less than significance. 04113/10 PLN 2009-1341 La Plaza CEQA IS-MND 84 ITEM NUMBER. C - 1 DATE. 05/11/10 [Tari ,-6a "s'6 ' CITY OF ATASCADERO INITIAL STUDY sraty is Than scat No aInitial Study 2010-0001 gMnt signfcantlnth Less Impact PLN 2009-1341 /CUP 2009-0244 impact Mitigation impact Incorporation 6320—6490 EI Camino Real 1 AESTHETICS—Would the project: a)Have a substantial adverse effect on a scenic vista? b)Substantially damage scenic resources,including,but not limited to,trees,rock outcroppings,and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or 117 quality of the site and its surroundings? d)Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? SOURCES: Project Description, DISCUSSION: 1.c. The project will consist of a 35 foot tall and 320 long building along US 101 Due to the existing vegetation along the freeway the building will be partially screened from the freeway The applicant is requesting a height exception from the current 18 foot height limit. The purpose of the 18 foot height limit was to maintain a view corridor between US 101 and the historic Atascadero Administration Building. Due to the size and height of the proposed v 4900, building there is a potential to degrade the visual character of the surrounding area. Mitigation Measure 1.c. The rear elevation of the building that is visible from US 101 shall include substantive architectural treatments and materials. 2.AGRICULTURAL AND FOREST RESOURCES—In determining whether impacts to agricultural resources are significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model(1997)prepared by the California Dept.of Conservation as an optional model to use in assessing impacts on agriculture and farmland.In determining whether impacts to forest resources,including timberland,are significant environmental effects,lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land,including the Forest and Range Assessment Project and the Forest Legacy Assessment project;and the forest carbon measurement methodology provided in the Forest Protocols adopted by the California Air Resources Board.Would the project: a)Convert Prime Farmland,Unique Farmland,or Farmland 171 of Statewide Importance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency to non- agricultural use? b)Conflict with existing zoning for agricultural use,or a Williamson Act contract? 04!13/10 PLN 20M1341.La Plaza CEQA IS-MND 85 ITEM NUMBER. C - 1 DATE 05/11/10 CITY OF ATASCADERO INITIAL STUDY Initial Study 2010-0001 Potentialty Less Than Less Than No Significant Significant with Significant Impact PLN 2009-1341 /CUP 2009-0244 Impact Mitigation Impact 6320—6490 EI Camino Real Incorporation c)Conflict with existing zoning for or cause rezoning of forest land(as defined in Public Resources Code section 12220(g)),timberland(as defined in Public Resources Code section 4526),or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?? d)Result in the loss of forest land or conversion of forest El El land to non-forest use? e)Involve other changes in the existing environment which, El El El due to their location or nature could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? SOURCES: Project Description, 3.AIR QUALITY—Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.Would the project: a)Conflict with or obstruct implementation of the applicable 17 air quality plan? b)Violate any air quality standard or contribute substantially El E ® El lir to an existing or projected air quality violation? c)Result in a cumulatively considerable net increase of any El criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard(including releasing emissions that exceed quantitative thresholds for ozone precursors)? d)Expose sensitive receptors to substantial pollutant concentrations? e)Create objectionable odors affecting a substantial number El 7 ❑ of people? SOURCES.Air Pollution Control District(APCD)CEQA Air Quality Handbook 2009 Project Description- DISCUSSION. 3.a.c.)The Air Quality Handbook projects that a 40 000 square retail project will produce over 25 lbs/day of ROG+ NOx emissions which would have a significant effect on air quality However 33,000 sq ft of the project consists of a movie theater which is not included in the APCD handbook,but it appears the theater would generate traffic similar to a regional shopping center The project is located in Downtown Atascadero and designed to encourage pedestrian circulation,has no on-site parking and is near a regional transit stop The project incorporates most of the APCD's recommended urban design mitigation measures. No additional mitigation measures are proposed. 3.b.)Construction activities,including site grading,may produce small quantities of air pollution,including dust and equipment exhaust. Any air quality impacts will be temporary and short term. The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust(PM-10)as contained in sections 6.3 6 4 and 6.5 of the April 2003 Air Quality Handbook. 04/13110 Page 2 PLN 2009-1341 La Plaza CLQA IS-MND 86 ITEM NUMBER. C -1 DATE. 05/11/10 1 ; CITY OF ATASCADERO INITIAL STUDY Initial Study 2010-0001 Potentials Less Than Less Than No Significant Significantwith Significant Impact PLN 2009-1341 1 CUP 2009-0244 Impact mitigation Impact 6320—6490 EI Camino Real Incorporation Mitigation Measure 3.b.1 The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust(PM-10)as contained in sections 6.3 6 4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in propertune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment,including but not limited to bulldozers, graders,cranes,loaders,scrapers backhoes,generator sets,compressors,auxiliary power units,with ARB certified motor vehicle diesel fuel(Non-taxed version suitable for use off-road). • Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4. Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. • Limit the length of the construction workday period,if necessary • Phase construction activities,if appropriate. Section 6.5. Fugitive PM 10 All of the following measures shall be included on grading,demolition and building plan notes: M. Reduce the amount of the disturbed area where possible N. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed(non- potable)water should be used whenever possible. O All dirt stockpile areas should be sprayed daily as needed. P Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. Q. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. R. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder jute netting,or other methods approved in advance by the APCD S. All roadways,driveways,sidewalks,etc,to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. T Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. U All trucks hauling dirt,sand,soil,or other loose materials are to be covered or should maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer)in accordance with CVC Section 23114 V Install wheel washers where vehicles enter and exit unpaved roads onto streets,or wash off trucks and equipment leaving the site W Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. X. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering,as necessary to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. 4.BIOLOGICAL RESOURCES—Would the project: a)Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or 04/13/10 Page 3 awmoai34i La Plaza CEQA IS-MND 87 ITEM NUMBER. C - 1 DATE. 05/11/10 -` CITY OF ATASCADERO INITIAL STUDY sgntialty icng�t Initial Study 2010-0001 Significant Significant with s�flImpact PLN 2009-1341 /CUP 2009-0244 impact Mitigation Impact 6320—6490 EI Camino Real Incorporation regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b)Have a substantial adverse effect on any riparian habitat El 1:1 11 or other sensitive natural community identified in local or regional plans,policies,or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c)Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including,but not limited to,marsh,vernal pool,coastal, etc.)through direct removal,filling,hydrological interruption, or other means? d)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? e)Conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? f)Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan, El Z or other approved local,regional,or state habitat conservation plan? SOURCES: Project Description; DISCUSSION- 4.a-f. The site is a previously urbanized area in the middle of Downtown Atascadero There will be no biological impacts resulting from the project. 5.CULTURAL RESOURCES—Would the project: a)Cause a substantial adverse change in the significance of a historical resource as defined in'15064.5? b)Cause a substantial adverse change in the significance of EJ an archaeological resource pursuant to'15064.5? c)Directly or indirectly destroy a unique paleontological F resource or site or unique geologic feature? d)Disturb any human remains,including those interred ® F-1 7 outside of formal cemeteries? SOURCES.Project description; DISCUSSION: 5.d. The site has been previously developed and therefore the presence of human remains is considered to be very unlikely. 04/13/10 Page 4 PLN 2009-1341 La Plaza CEQA IS-MND 88 ITEM NUMBER. C - 1 DATE 05/11/10 ' CITY OF ATASCADERO INITIAL STUDY Initial Study 2010-0001 Potentially Leas Than Leas Than No Significant Significant with SignificantImpact PLN 2009-1341 /CUP 2009-0244 impact Mitigation impact 6320—6490 EI Camino Real Incorporation Mitigation 5.d.1 In the event that human remains are discovered on the property all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American,the California Native American Heritage Commission(NAHC)shall be contacted at(916)653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. 6.GEOLOGY AND SOILS Would the project: a)Expose people or structures to potential substantial ❑ ❑ ❑ adverse effects,including the risk of loss,injury or death involving: i)Rupture of a known earthquake fault,as delineated El 11 ❑ on the most recent Alquist-Priolo Earthquake Fault 11 Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?Refer to Division of Mines and Geology Special Publication 42. ii)Strong seismic ground shaking? ❑ ❑ ❑ iii)Seismic-related ground failure,including ® 11liquefaction? iv)Landslides? ❑ ❑ ❑ b)Result in substantial soil erosion or the loss of topsoil? ❑ ❑ El c)Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project,and potentially result in on-or off-site landslide,lateral spreading,subsidence,liquefaction or collapse? d)Be located on expansive soil,as defined in Table 18-1-B of the Uniform Building Code(1994),creating substantial El E risks to life or property? e)Have soils incapable of adequately supporting the use of 1:1 El 1:1septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES: Project Description; 04MMO Page 5 aLN200e-1341 is Plaza CEQA IS-MND v 89 ITEM NUMBER. C -1 DATE. 05/11/10 -` wA CITY OF ATASCADERO INITIAL STUDY Potentially Less Than Initial Study 2010-0001 Significant SignificannttvAth Less Than Impact PLN 2009-1341 1 CUP 2009-0244 Impact Mitigation Impact Incorporation 6320—6490 EI Camino Real DISCUSSION: 6.a. The project site is in the vicinity of Atascadero Creek and is an area known to experience liquefaction. The project will be required under the IBC standards to prepare soils reports and structural engineering reports to address this issue no additional mitigation is required. 7 GREENHOUSE GAS EMISSIONS Would the project: a)Generate greenhouse gas emissions,either directly or indirectly that may have a significant impact on the environment? b)Conflict with any applicable plan,policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? SOURCES.Project description;General Plan;Land Use Element EIR; DISCUSSION: 7.a. The project will not generate greenhouse gas emissions directly or indirectly that will have a significant impact on the environment. The site is a commercial infill site in the city center The project is consistent with the SLOCOG 2050 Blueprint that encourages infill development around historic downtown areas. 7.b The General Plan anticipates a commercial development to be constructed on the subject parcel. The new commercial development is consistent with City and regional plans,policies,and regulations,regarding reduction of emissions of greenhouse gases The project will be located in the Downtown close to transit stops and in an area designed to encourage pedestrian circulation. S.HAZARDS AND HAZARDOUS MATERIALS Would the project: a)Create a significant hazard to the public or the environment through the routine transport,use,or disposal ❑ ❑ 1-1 L11 of hazardous materials? b)Create a significant hazard to the public or the El environment through reasonably foreseeable upset and VN accident conditions involving the release of hazardous materials into the environment? c)Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within one- quarter mile of an existing or proposed school? d)Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government El N Code Section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? e)For a project located within an airport land use plan area El 7 or where such a plan has not been adopted,within two miles of a public airport or public use airport,would the 04113/10 Page 6 PLN2009-1341.La Plaza CEQA 1S-MND Y41111111lr 90 ITEM NUMBER. C -1 DATE. 05/11/10 a: i' CITY OF ATASCADERO INITIAL STUDY Initial Study 2010-0001 Potentially Less Than Less Than No Significant Significant with Significant Impact PLN 2009-1341 /CUP 2009-0244 impact Mitigation impact 6320—6490 EI Camino Real incorporation project result in a safety hazard for people living or working in the project area? f)For a project within the vicinity of a private airstrip would ❑ 1:1 F-1the project result in a safety hazard for people living or working in the project area? g)Impair implementation of or physically interfere with an ❑ ❑ ❑ adopted emergency response plan or emergency evacuation plan? h)Expose people or structures to a significant risk of loss, 1:1 ❑ Elinjury or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: Project Description, 9.HYDROLOGY AND WATER QUALITY—Would the project: a)Violate any water quality standards or waste discharge ❑ ❑ ❑ requirements? b)Substantially deplete groundwater supplies or interfere EJ El Elsubstantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g.,the production rate of previously-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c)Substantially alter the existing drainage pattern of the site ❑ El 1714211 or area,including through the alteration of the course of a stream or river in a manner which would result in substantial erosion or siltation on-or off-site? d)Substantially alter the existing drainage pattern of the site ❑ ❑ ❑ 17 or area,including through the alteration of the course of a stream or river or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e)Create or contribute runoff water which would exceed the El ® 1:1capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f)Otherwise substantially degrade water quality? ❑ ® ❑ ❑ g)Place housing within a 100-year flood hazard area as EJ El ❑ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 04113110 Page 7 PLN 2009.1341 La Plaza CEQA IS-MNll `V�111� 91 ITEM NUMBER. C - 1 DATE. 05/11/10 1%WW.- CITY OF ATASCADERO INITIAL STUDY Initial Study 2010-0001 Potentially Less Than Less Than No Significant Significant with Significant Impact PLN 2009-1341 /CUP 2009-0244 Impact Mitigation Impact 6320—6490 EI Camino Real Incorporation h)Place within a 100-year flood hazard area structures that ❑ would impede or redirect flood flows? i)Expose people or structures to a significant risk of loss, ❑ ❑ ❑ injury or death involving flooding,including flooding as a result of the failure of a levee or dam? j)Inundation by seiche,tsunami,or mudflow? ❑ 17 SOURCES: Project Description;City GIS Mapping DISCUSSION: 90. The project is located near Atascadero Creek and will drain storm water into the creek through the City's storm drainage system. Since the existing site has been developed and nearly 100%paved for over 50 years,there will be no increase storm water flows associated with the project. Without mitigation,the project has the potential to degrade the quality of water discharged into Atascadero Creek. 9.h.The project is approximately 250 feet outside of the Atascadero Creek 100 year flood plain. Mitigation Measure 911. The project shall prepare a Storm Water Management Plan that incorporates Low Impact Development(LID)measures to the satisfaction of the City Engineer 912. The project shall prepare an Erosion and Sedimentation Control plan and shall submit a Storm Water 1111111111111100 Pollution Prevention Plan(SWPPP)as part of the project grading plans. 10.LAND USE AND PLANNING Would the project: a)Physically divide an established community? El ❑ ❑ 1112711 b)Conflict with any applicable land use plan,policy or ❑ ❑ ® ❑ regulation of an agency with jurisdiction over the project (including,but not limited to the general plan,specific plan, local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c)Conflict with any applicable habitat conservation plan or El ❑ Elnatural community conservation plan? SOURCES: Project Description;Atascadero General Plan,Atascadero Zoning Ordinance DISCUSSION: 10.b. The project is requesting a waiver from the height limitations of the zoning ordinance. The Planning Commission has discretion to grant this request under the zoning ordinance. No mitigation required. 11 MINERAL RESOURCES—Would the project. a)Result in the loss of availability of a known mineral ❑ ❑ ❑ resource that would be of value to the region and the 06113/10 Page 8 PLN 2009.1341.La Plaza CEQA IS-MND **AW 92 ITEM NUMBER. C -1 DATE 05111/10 Lp:• �:_ �t,dr� CITY OF ATASCADERO INITIAL STUDY Initial Study 2010-0001 Potentially Less Than Less Than No Significant Significant with Significant Impact PLN 2009-1341 1 CUP 2009-0244 impact Mitigation Impact 6320—6490 EI Camino Real Incorporation residents of the state? b)Result in the loss of availability of a locally-important 1:1 ❑ mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? SOURCES: Project Description; 12.NOISE—Would the project result in. a)Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or El z noise ordinance or applicable standards of other agencies? b)Exposure of persons to or generation of excessive ground-borne vibration or ground-borne noise levels? c)A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the LEI project? d)A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e)For a project located within an airport land use plan or where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f)For a project within the vicinity of a private airstrip would the project expose people living or working in the project area to excessive noise levels? SOURCES: Project Description- 13.POPULATION AND HOUSING—Would the project: a)Induce substantial population growth in an area,either ❑ directly(for example,by proposing new homes and businesses)or indirectly(for example,through extension of roads or other infrastructure)? b)Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c)Displace substantial numbers of people,necessitating the construction of replacement housing elsewhere? SOURCES: Project Description, Page 9 04113110Page 2009-1341 La Plaza CEQA IS-MND 93 ITEM NUMBER. C -1 DATE. 05/11/10 �r CITY OF ATASCADERO INITIAL STUDY Initial Study 2010-0001 Potentially Less Than Less Than No Significant Significant with significant Impact PLN 2009-1341 1 CUP 2009-0244 Impact Mitigation Impact 6320—6490 EI Camino Real Incorporation 14.PUBLIC SERVICES--Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ Police protection? ❑ ❑ ❑ Schools? D ❑ Parks? D El ❑ 1%W Other public facilities? ❑ ❑ ❑ SOURCES: Project Description; DISCUSSION: The project will be required to pay capital facility fees,park fees and school fees at the time of building permit to offset impact on these services. 15.RECREATION— a)Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the ED 0 11 VM\i facility would occur or be accelerated? b)Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project Description; 16.TRANSPORTATIONITRAFFIC—Would the project: a)Conflict with an applicable plan,ordinance or policy establishing measures of effectiveness for the performance El lZ F-1 of the circulation system,taking into account all modes of transportation including mass transit and non-motorized o,U13t9 Page 10 1%W PLN 2W9-1341 La Plaza CI:QA 15-MND 94 ITEM NUMBER. C -1 DATE 05/11/10 ` CITY OF ATASCADERO INITIAL STUDY Initial Study 2010-0001 potentially Less Than less Than No Significant Significantwlth Significant impact PLN 2009-1341 /CUP 2009-0244 impact Mitigation impact 6320—6490 EI Camino Real Incorporation travel and relevant components of the circulation system, including but not limited to intersections,streets,highways and freeways,pedestrian and bicycle paths,and mass transit? b)Conflict with an applicable congestion management program,including,but not limited to level of service standards and travel demand measures,or other standards established by the county congestion management agency for designated roads or highways? c)Result in a change in air traffic patterns including either an increase in traffic levels or a change in location that LN results in substantial safety risks? d)Substantially increase hazards due to a design feature (e.g.,sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? e)Result in inadequate emergency access? El El f)Conflict with adopted policies plans,or programs regarding public transit,bicycle,or pedestrian facilities,or 0 El El otherwise decrease the performance or safety of such facilities? SOURCES: Project Description;February 18,2010 La Plaza Traffic Study(ATE) DISCUSSION: 16.a Associate Transportation Engineers(ATE)prepared a traffic and circulation study for the project. The study determined that the project would not have a significant impact on and of the surrounding streets or intersections. All intersections would remain at LOS C or better 17 UTILITIES AND SERVICE SYSTEMS—Would the project: a)Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b)Require or result in the construction of new water or wastewater treatment facilities or expansion of existing El E El M facilities,the construction of which could cause significant environmental effects? c)Require or result in the construction of new storm water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d)Have sufficient water supplies available to serve the project from existing entitlements and resources,or are new or expanded entitlements needed? e)Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the projects projected demand 04,13+10 Page 11 aua 2009-1341 la Plaza CEQA IS-MND 95 ITEM NUMBER. C -1 DATE. 05/11/10 sL CITY OF ATASCADERO INITIAL STUDY Initial Study 2010-0001 Potentially Less Than Less Than No Significant Significant with Significant Impact PLN 2009-1341 1 CUP 2009-0244 impact Mitigation Impact 6320—6490 El Camino Real Incorporation in addition to the provider's existing commitments? f)Be served by a landfill with sufficient permitted capacity to ❑ accommodate the project's solid waste disposal needs? g)Comply with federal,state,and local statutes and ❑ regulations related to solid waste? SOURCES: Project Description, 18.MANDATORY FINDINGS OF SIGNIFICANCE— a)Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish El LEE] or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b)Does the project have impacts that are individually limited,but cumulatively considerable?("Cumulatively considerable means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects)? c)Does the project have environmental effects that will cause substantial adverse effects on human beings,either directly or indirectly? d)Does the project have the potential to achieve short-term environmental goals to the disadvantage of long term environmental goals? SOURCES: Project Description; SOURCES: Atascadero GIS mapping system General Plan Land Use Element,City of Atascadero 2002 Zoning Ordinance,part of Municipal Code,City of Atascadero,as amended through 1999. Land Use Element Environmental Impact Report(EIR),Crawford.Multari,&Clark,adopted 2002 CEQA Handbook,Air Quality Control District,August 1995 General Plan Safety Element,City of Atascadero,2002 General Plan Circulation Element,2002 General Plan Noise Element,adopted 2002 Acoustical Design Manual,Brown-Buntin Associates,1991 Noise Ordinance,City of Atascadero,1992 Flood Insurance Rate Maps Trip Generation,Institute of Traffic Engineers February 18,2010 La Plaza Traffic and Circulation Study ATE Project Description/file information oans+ta Page 12 PUN 2009-1341 w Plaza CEQA IS-MND 96 ITEM NUMBER. C -1 DATE 05/11/10 ATTACHMENT 7: Atascadero Avenue Easements PLN 2009-1341 Recording Requested By And When Recorded,Return To: City of Atascadero City Clerk b907 E1 Camino Real Atascadero,CA 93422 MAIL TAX STATEMENTS TO' DOCUMENT TRANSFER$ ( ) Computed on the consideration or value of property conveyed;OR ( ) Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax Firm Name APN 030-193-003 EASEMENT GRANT DEED FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, The Ben Hoff LLC,a California Limited Liability Company Hereby GRANTS to the CITY OF ATASCADERO an easement in the City of Atascadero,County of San Luis Obispo,State of California,described as follows: The Ben Hoff LLC, a California Limited Liability Company hereby grants to the City of Atascadero, an easement for public ingress and egress, and access to install, maintain, repair replace and remove public utilities, sewer water and drainage pipelines,structures and appurtenances for the benefit of the City of Atascadero over across and along that certain real property owned by The Ben Hoff LLC described as a portion of Lot 18, Block H-B in the City of Atascadero, County of San Luis Obispo, State of California, according to Map filed in Book 4 of Maps at page 32 in the Recorder's Office at said County and State.The easement is described and shown on Exhibit A and°B" SEE EXHIBIT"A'and"B"ATTACHED HERETO AND MADE A PART HEREOF ,moo 97 ITEM NUMBER. C -1 DATE. 05111/10 14m w, Executed on April 30 ,2010 at Atascadero,California. THE BEN HOFF LLC_ a_Califomis Limited Lia " Company BY / Timothy A Y Manager ACKNOWLEDGMENT State of California County of San Luis Obispo On April 30 2010,before me, Annette L Manier anotary public,personally appeared Timothy Aivora ,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. Awe I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. ANNETTE L.MANIER CornadsMon•1823389 Nohry Public CsIBorNs { Ssn Luis obbpo County MY Comm.Expims Doe 16.2012 Notary Public 7/!I_ VkW 98 ITEM NUMBER. C - 1 DATE 05/11/10 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Easement Grant Deed dated April 30 2010 from THE BEN HOFF LLC A CALIFORNIA LIMITED LIABILITY COMPANY to the CITY OF ATASCADERO a municipal corporation of the State of California, is hereby accepted by authority conferred and adopted by Resolution No 39- 87 of the City Council of the City of Atascadero adopted April 28 1987 and the grantee consents to recordation thereof by its duly authorized officer Executed on 2010 at Atascadero California Wade G McKinney City Manager City of Atascadero State of California } } County of San Luis Obispo} On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above 99 ITEM NUMBER. C - 1 DATE 05/11/10 r Dan King Surveying PO Box 4903,Paso Robles,CA 93447 805-238-5427 W W W AKSUmlyma.crim Job No. 10-039 Apri129 2010 EXHIBIT"A" AREA OF EASEMENT FOR CITY OF ATASCADERO PORTION LOT 18 BLOCK H-B That portion of Lot 18 in Block H-B of Atascadero lying in areas also designated as Atascadero Avenue and California State Highway(now known as EI Camino Real), in the County of San Luis Obispo,State of California as per Map recorded in Book 4 Page 32 of Maps,in the Office of the County Recorder of said County and State, more particularly described as follows: Beginning at point on the Southeasterly boundary line of said Lot 18 being also the center point of the arc on the Northeasterly end of that Area designated 8 said area 8 being an island bounded on the Northwest and Southeast sides by areas designated Atascadero Avenue,thence Westerly and Southwesterly along said Southeasterly boundary line of said Lot 18 along the arc of a non-tangent curve to the left with a radius of 13.00 feet and a central angle of 90'00'00"and an arc length of 20.42 feet;thence continuing Southwesterly along said Southeasterly boundary line of said Lot 18 S28'37'00"W 171.33 feet to an intersection with the Northeasterly right-of-way line of California State Highway 101 as described in the deed recorded November 27 1951 in Book 636 Page 197 of Official Records, in the Office of said County Recorder thence Northwesterly along said right-of-way line N68'07'53"W 40.28 feet to an intersection with a line parallel to and 40 00 feet Northwesterly of said Southeasterly boundary line of said Lot 18;thence Northeasterly along said parallel tine N28'37'00"E 201.33 feet to an intersection with a line parallel to and 50.00 feet Southwesterly of the centerline of California State Highway(now known as EI Camino Real),said centerline also being the Northeasterly boundary line of said Lot 18;thence Southeasterly along said parallel line S58'56'35"E 53.05 feet to an intersection with said Southeasterly boundary line of said Lot 18; thence Southwesterly along said Southeasterly boundary line of said Lot 18 S28'37'00'W 10 01 feet to the POINT OF BEGINNING. See Exhibit'B"attached. p L A NO SG DA Albert Dan King, LS 5145 Date V (exp.6-30-2011) .Q L5145 cr Z0 f \t 100 ITEM NUMBER. C -1 DATE 05/11/10 \ 04 \ \ oo \ / IN POINT OF \ BEGINNING / J a / LOT 18 / 4°00. / 0 / a BLOCK H-�-B 4 MB �? �R__ 40 10, \ / N 4 ` < 0 ALBERT DAN KING, LS 5 EXP 6/30/2011 5 PREPARED FOR: WYSONG LA PLAZA \ PREPARED BY DAN KING P O BOX 4903 EYING E wn M p T 11 11 PASO ROBLES, CA 93447 j PHONE. (805) 238-5427 N 0 T TO SCALE s www.dksurveying.com DATE OF PLAT MAP 4 29 2010 DKS JOB NO. 10-039 101 ITEM NUMBER. C -1 DATE. 05/11/10 ATTACHMENT 8: Draft Resolution A PLN 2009-1341 DRAFT RESOLUTION A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING ROAD ABANDONMENT 2010-0019 TO SUMMARILY VACATE PORTIONS OF EL CAMINO REAL, AND ATASCADERO MALL AVENUE PURSUANT TO SECTION 8331 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (Wysong / Hoff) WHEREAS, Robbie E Hoff (Applicant) applied to abandon an approximate 0 11 acre portion of El Camino Real and a 0.24 acre portion of Atascadero Avenue (also referred to as "Atascadero Mall"), being portions of Lots 18 and 19, Block H-B, Atascadero Colony Subdivision, City of Atascadero, County of San Luis Obispo, State of California and filed for record on October 21, 1914 in Book 3 AC at Page 32 of Maps, and WHEREAS, the current General Plan Designation and Zoning Designation is right-of- way; and, WHEREAS, the abandoned portion of the road will become a part of the adjacent property currently zoned Downtown Commercial, and, WHEREAS, the project is in conformance with the Circulation Element of the General Plan and all other applicable General Plan policies, and, WHEREAS the proposed right-of-way abandonment is exempt from CEQA review per section 15305 Minor Alterations in Land Use Limitations. WHEREAS,the Planning Commission held a duly noticed public hearing to consider the proposed Road Abandonment on April 20, 2010 at 7.00 p.m. and considered testimony, reports from staff, the applicants, and the public, and, WHEREAS, the City Council held a duly noticed public hearing to consider the proposed Conditional Use Permit application on May 11, 2010, at 6 00 p.m. and considered the Planning Commission's recommendations along with testimony and reports from staff, the applicants, and the public VAW 102 ITEM NUMBER. C - 1 DATE. 06/11/10 NOW THEREFORE, the Atascadero City Council takes the following actions SECTION 1 Findings of Approval for the Road Abandonment. The City Council finds as follows 1 The proposed project is consistent with the General Plan. 2. The portions of El Camino Real and Atascadero Mall Avenue right-of-ways proposed to be abandoned have been determined to be excess right-of-way 3 The portion of El Camino Real right-of-way proposed to be abandoned has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on May 11, 2010 resolved to approve Road Abandonment 2010-0019 subject to the following- EXHIBIT A. Zoning and Location Map EXHIBIT B Road Abandonment Diagram EXHIBIT C Conditions of Approval 103 ITEM NUMBER. C -1 DATE. 05/11/10 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- Roberta Fonzi,Mayor ATTEST Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM. Brian A. Pierik, City Attorney 104 lk J Gil -,. b f ab y t;��� 1 1 ITEM NUMBER. C - 1 DATE 05/11/10 Exhibit B: Road Abandonment diagram RAB 2010-0019 �Q DJ Z � 10 e 3 �� •f IN b • � ^arms' �! • - - 6/a 7, .v �,� ��•8aa �.�•� s OF ti p+nd► SE/02 ay /EI✓ {���p/Jt7wlli�d•O/� 106 ITEM NUMBER. C - 1 DATE. 05/11/10 Exhibit C: Conditions of Approval RAS 2010-0019 Conditions of Approval: Timing Responsibility /Monitoring PLN 2009-1349/RAS 2010-0019 FM;Fina Map BL.Business License PS:Planning Services GP.Grading Pemdt BS.Building Services BP Building Permit FD:Fre Deparbnent FI:Final Inspection PD:Police Department TO:Temporary Occupancy CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney City Engineer Conditions 1 Prior to City Council approval of the road abandonment, the Prior to CE applicant shall prepare and record an easement document Council granting the City of Atascadero a public vehicular and pedestrian Approval access, storm drain and sanitary sewer easements. The document shall except out the area under the footprint of the proposed building The easement document shall be accompanied by a legal description and graphical exhibit. The easement document shall be found acceptable to the City Engineer prior to recordation 2. Prior to City Council approval of the road abandonment, the Prior to CE applicant shall have the application reviewed by all applicable Council public and private utility companies (cable, telephone gas, Approval electric, Atascadero Mutual Water Company, wireless telephone ) The applicant shall obtain a letter from each utility company which indicates their review of the application and any required changes The letter shall identify any new easements and or abandonments which may be required by the utility company A copy of the letters shall be submitted to the City If public or private utilities, sewer, water or storm drain utilities are found to conflict with any proposed building footprint or building appurtenance the applicant shall relocate the utility at his or her own cost, prior to City Council approval of the road abandonment. New easements shall be recorded prior to City Council approval of the road abandonment. The easement document shall be found acceptable to the City Engineer prior to recordation 3 The applicant shall pay all costs for plan check and right-of-way Prior to CE abandonment. Recordation 4 The applicant shall submit a Final Parcel Map per the Prior to CE requirements of the subdivision Map Act and California Streets Recordation and Highway Code, merging the abandoned portion of the Right- of-Way and the existing parcels, and granting any public easements for access utilities, drainage water or sewer The Final Parcel Map shall be submitted after City Council approval of the Right-of-Way abandonment. The Final Map shall be found acceptable to the City Engineer prior to City Council acceptance and approval The Final Parcel Map shall be in substantial 1480, 107 ITEM NUMBER. C - 1 DATE 05/11/10 Conditions of Approval: Timing Responsibility /Monitoring fir✓ PLN 2009-1349/RAB 2010-0019 FM;Fiml Mp BL.Business License PS.Planning Services GPGrading Pemdt BS.Building Services BP Building Permit FD:Fire Department FI:Final Inspection PD:Police Depar went TO:Temporary Occupancy CE.Uy Engineer F0:Final Occupancy WW:Wastewater CA:City Attamey conformance with the City Council's action and shall be approved by the City Council prior to recordation 5 The applicant shall submit a tax bond to the City of Atascadero Prior to CE prior to the City Council's approval of the Final Map Recordation 108 ITEM NUMBER. C - 1 DATE 05/11/10 ATTACHMENT 9: Draft Resolution B PLN 2009-1341 DRAFT RESOLUTION B A RESOLUTION OF THE CITY COUNCIL OF ATASCADERO APPROVING PLN 2009-1341 / CUP 2009-02449 TO ALLOW A 399680± SQUARE FOOT BUILDING CONTAINING A 10 SCREEN MOVIE THEATRE, RETAIL SPACE .AND SIT DOWN RESTAURANT WITH A HEIGHT WAIVER EXCEPTION REQUEST AND A TREE REMOVAL PERMIT (HOFF / WYSONG) WHEREAS, an application was received from Larry M. Wysong, 7025 Morro Road, Atascadero, CA, 93422, (Applicant), and Ben Hoff LLC PO Box 928, Atascadero, CA, 93422 (Property Owner) for a Conditional Use Permit to allow to allow a 39,680± square foot building containing a 10 Screen Movie Theatre (33,000± sf), retail space (2350± sf), and sit down restaurant (4330± sf) on a 1.5± acre site, with a height waiver exception request, and a tree removal permit for one 6-inch White Oak; and, WHEREAS,the proposed project has a General Plan Designation of Downtown(D) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies, and, WHEREAS, the site is located in the Downtown Commercial (DC) Zone, which allows for the proposed use, and, WHEREAS, a Conditional Use Permit is required to allow an movie theater in the DC zone, and, WHEREAS, a proposed mitigated negative declaration was prepared and circulated for the project; and, WHEREAS,the Planning Commission held a duly noticed public hearing to consider the proposed Conditional Use Permit application on April 20, 2010, at 7 00 p.m. and considered testimony and reports from staff,the applicants, and the public WHEREAS, the City Council held a duly noticed public hearing to consider the proposed Conditional Use Permit application on May 11, 2010, at 6 00 p.m. and considered the 109 ITEM NUMBER. C - 1 DATE 05/11/10 Planning Commissions recommendations along with testimony and reports from staff, the applicants, and the public NOW THEREFORE, the Atascadero City Council takes the following actions SECTION 1 Findings for Certification of the Proposed Mitigated Negative Declaration. The City Council finds as follows 1 The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval, and, 2 The project will not achieve short-term to the disadvantage of long term environmental goals, and, 3 The project does not have impacts which are individually limited, but cumulatively considerable, and, 4 The project will not cause substantial adverse effects on human beings either directly or indirectly SECTION 2. Findings for approval of Conditional Use Permit. The City Council finds as follows. err 1 The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual, and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance), and, 3 Due to the size and configuration of the lot, the establishment, and subsequent use of the additional accessory structures will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use, and, 4 That the proposed additional accessory structures will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5 That the proposed accessory structures will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 110 ITEM NUMBER. C - 1 DATE. 05/11/10 SECTION 3 Findings for approval of Exception of Height Limitations consistent with Section 9-4.113. The City Council finds as follows , 1 The project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties, and, 2 The modified height will not exceed the lifesaving equipment capabilities of the Fire Department. SECTION 4 Findings for Approval of Tree Removal Permit. The City Council finds as follows 1 The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors. a. Early consultation with the City, b Consideration of practical design alternatives, SECTION 5. Approval. The Atascadero City Council, in a regular session assembled on May 11, 2010, resolved to approve Conditional Use Permit 2009-0244 with a height waiver and tree removal permit, subject to the following: EXHIBIT A. Conditions of Approval EXHIBIT B Site Plan, Landscape Plan, and Floor Plan EXHIBIT C-1 Elevations EXHIBIT C 2 Architectural Rendering 1.40 111 ITEM NUMBER. C - 1 DATE. 05/11/10 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 Roberta Fonzi,Mayor ATTEST Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM. Brian A. Pierik, City Attorney N%W 112 ITEM NUMBER. C -1 DATE 05/11/10 EXHIBIT A: Conditions of Approval PLN 2009-1341 /CUP 2009-0244 La Plaza Theater Exhibit A Timing Responsibility Mitigation Conditions of Approval/Mitigation Monitoring Program /Monitoring Measure GPGrading Permit PS.Planning Services BP Building Permft BS.Building Services PLN 2009-1341 /CUP 2009-0244 La Plaza Theater TO:Temporary Occupancy FD:Fire Department FI:Final inspection PD:Police Department F0:Final Occupancy CE.Cily Engineer WW:Wastewater CA City Atomey Planning Conditions 1 The approval of this application shall become final, subject to the PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1 111(b)of the Zoning Ordinance. 2. This Conditional Use Permit shall be for BP PS a 39 680±square foot building containing a 10 Screen Movie Theatre(33,000±sf), retail space(2350±sf), and sit down restaurant(4330±sf) regardless of owner 3 The Community Development Department shall have the BP PS authority to approve the following minor changes to the project that(1)modify the site plan project by less than 10% and/or(2) result in a superior site design or appearance. 4 Approval of this Conditional Use Permit shall be valid for twenty- BP PS four(24)months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit or a time extension has been granted. 5 The applicant and/or subsequent owners shall defend, indemnify On going PS and hold harmless the City of Atascadero or its agents,officers, and employees against any claim or action brought to challenge an approval by the City or any of its entities,concerning the proposed development. 6 A lot line adjustment shall be recorded prior to the issuance of BP PS any permits for the theater 7 The project shall provide in perpetuity 46 off street parking BP PS spaces within 500 feet of the project site Six(6)of the spaces shall be code compliant handicapped accessible parking spaces. Parking spaces may be provided off site with long term lease or easement agreements. 8 A passenger loading zone shall be provided along the EI BP PS Camino Real frontage of the theater 9 An exception to the height limitations of the Downtown BP PS Commercial zoning district shall be allowed to permit structure heights as shown on Exhibit C-1 low 113 ITEM NUMBER. C - 1 DATE. 05/11/10 Exhibit A Timing Responsibility Mitigation Conditions of Approval/Mitigation Monitoring Program /Monitoring Measure GPGrading Permit PS:Planning Services BP Building Permit BS.Building Services PLN 2009-1341 /CUP 2009-0244 La Plaza Theater TO:TemporaryOccupancy FD:Fire Department FI:Final inspection PD:Police Department F0:Final Occupancy CE.City Engineer WW:Wastewater CA City Attorney 10 Final approval of architectural elevations, colors, materials and BP PS signs shall be made by the Planning Commission consistent with the character of the elevations shown on Exhibit C-1 and C-2. 11 Northwest elevation shall include additional architectural BP PS treatment consistent with the Downtown Design Guidelines 12. The rear elevation of the building that is visible from US 101 BP PS shall include substantive architectural treatments and materials (Mitigation Measure 1 c 13 Final approval of site landscaping, plant material,streetscape BP PS hardscape and site furniture shall be approved by the Planning Commission concurrently with architectural review and consistent with Exhibit B 14 Complete grading,drainage utility storm water management BP PS plans with low impact development features and handicapped accessibility plans shall be submitted at time of building permit. 15 A decorative and transparent,tubular metal type fence shall be BP PS provided between the restaurant and freeway property line to discourage loitering behind the building. The fence may be required to include an emergency exiting gate with panic hardware. 16. Prior to building permit issuance a tree mitigation fee of$200 BP PS shall be paid for the removal of one 6-inch white oak tree City Engineer Project Conditions 17 Prior to issuance of building permits, the applicant shall obtain a FM CE road abandonment for the portion of Atascadero Avenue overlying 030-193-003. The applicant shall grant back to the City a public access easement covering the portion of the lot that will be used for public ingress and egress. 18. Prior to issuance of building permits,the applicant shall extinguish FM CE 1)an easement(88-OR 114)for road purposes recorded May 22, 1930 shown on Parcel Map CO-68-61 and 2) a landscape easement granted to the City of Atascadero. The applicant shall grant back to the City a public access easement covering the portion of the road easement that will be used for public ingress and egress. 19 All buildings and structures shall be relocated out of any areas BP CE that are encumbered by any public access or utility easements. 20 Prior to issuance of building permits, the applicant shall file for FM CE and obtain a lot merger for all parcels affected by the project. 21 Per municipal code section 9-4 160 the developer shall submit GP, BP CE plans for streetscape improvements across the EI Camino Real property frontage to a width of 1/2 the roadway plus 10' All frontage improvements shall be designed in accordance with the Irrr City Council approved streetscape elements and to the 114 ITEM NUMBER. C - 1 DATE. 05/11/10 Exhibit A Timing Responsibility Mitigation Conditions of Approval/Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS.Planning Services BPBuilding Permit BS.Building Services PLN 2009-1341 /CUP 2009-0244 La Plaza Theater TO:Temporary Occupancy FD:FireDeparlment FI:Final inspection PD:Police Depar6nent F0:Final Occupancy CE.City Engineer WW:Wastewater CA.City Atlomey satisfaction of the City Engineer 22. The applicant shall design and construct a pedestrian GP, BP CE pathway/sidewalk from the US101 pedestrian tunnel, north along the Caltrans' right-of-way and along the project frontage on Atascadero Avenue to the City Engineer's satisfaction. 23. The applicant shall relocate all public and private utilities that GP, BP CE conflict with the proposed project. The applicant shall provide easements for the relocated utilities if required by the owners. 24 The applicant shall incorporate storm water low Impact GP,BP CE development design elements, as part of the project, to the satisfaction of the City Engineer City Engineer Standard Conditions 25 In the event that the applicant bonds for the public improvements GP,BP CE required in these conditions of approval, the applicant shall enter into an improvement Agreement with the City 26 An engineer's estimate of probable cost shall be submitted for GP, BP CE review and approval by the City Engineer to determine the amount of the bond. 27 The Improvement Agreement shall record prior to the issuance of GP, BP CE building permits. 28 The applicant shall acquire title interest in any off-site land that GP BP CE may be required to allow for the construction of the onsite or offsite improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 29 Drainage easements shall be obtained by the applicant as GP, BP CE needed to accommodate both public and private drainage facilities. 30 Prior to building permit issuance, the applicant shall bond all FM CE public improvements required by these conditions of approval. 31 Prior to recording the lot merger parcel map the applicant shall FM CE submit a copy of a valid tax bond. This may be waived by the City Engineer if a tax bond is not required by the County of San Luis Obispo for recording purposes. 32. All existing and proposed utility pipeline, open space or other FM CE easements are to be shown on the lot merger map If there are building or other restrictions related to the easements, they shall v 115 ITEM NUMBER. C - 1 DATE. 05/11/10 Exhibit A Timing Responsibility Mitigation Conditions of Approval/Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS.Planning Services BPBuilding Pemut BS.Building Services PLN 2009-1341 /CUP 2009-0244 La Plaza Theater TO:Temporary Occupancy FD:Fire Deparlrnent FI:Final inspection PD:Police Department F0:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney be noted on the parcel map. The applicant shall show all access restrictions on the parcel map 33 Prior to recording the lot merger parcel map the applicant shall FM CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company) The applicant shall obtain a letter from each utility company indicating their review of the map The letter shall identify any new easements that may be required by the utility company A copy of the letter shall be submitted to the City New easements shall be shown on the lot merger parcel map 34 Prior to the issuance of building permits the applicant shall submit GP, BP CE plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer 35 Prior to the issuance of building permits the applicant shall submit GP, BP CE calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow the 25-year flow with head, and provide safe conveyance for the 100-year overflow 36 Prior to the issuance of building permits the applicant shall show GP, BP CE method of conduct to approved off-site drainage facilities. 37 Concentrated drainage from off-site areas shall be conveyed GP, BP CE across the project site in drainage easements to the satisfaction of the City Engineer Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 38 Applicant shall submit erosion control plans and a Storm Water GP,BP CE Pollution Prevention Plan (if the area of disturbance is greater than an acre.) 39 All public improvements shall be constructed in conformance with GP, BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings, City Council approved streetscape design elements or as directed by the City Engineer 40 Alignment of frontage improvements shall be approved by the GP, BP CE City Engineer 41 A mechanism to provide for the funding of maintenance for GP, BP CE lighting, street improvements, special paving surfaces, sewer storm drain, common area landscape, open space, and NOW 116 ITEM NUMBER. C -1 DATE 05/11/10 Exhibit A Timing Responsibility Mitigation Conditions of Approval/Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS.Planning Services BPBuilding Permit BS.Building Services PLN 2009-1341 /CUP 2009-0244 La Plaza Theater TO:Temporary Occupancy FD:FireDepartinent FI:Final inspection PD:Police Department F0:Final Occupancy CE.City Engineer WW:Wastewater CA City AtNmey hardscape shall be provided. 42. All utilities shall be undergrounded on project frontage GP, BP CE 43 Applicant shall pay sewer extension (Annexation) Connection BP CE and Reimbursement fees(if applicable) upon issuance of building permit. Mitigation Measures BP PS 1.c Mitigation Measure 1.c. The rear elevation of the building that is visible from US 101 shall include substantive architectural treatments and materials. Mitigation Measure 3.b.1 BP PS 3.b.1 The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust(PM-10)as contained in sections 6 3 6 4 and 6 5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non-taxed version suitable for use off-road) • Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4. Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. • Limit the length of the construction workday period if necessary • Phase construction activities, if appropriate Section 6.5. Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes A. Reduce the amount of the disturbed area where possible. rrrY 117 ITEM NUMBER. C - 1 DATE 05/11/10 Exhibit A Timing Responsibility Mitigation Conditions of Approval/Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS.Planning Services BPBuilding Permit BS:Building Services PLN 2009-1341 /CUP 2009-0244 La Plaza Theater TO:Temporary Occupancy FD:FireDeparfiient FI:Final inspection PD:Police Departrnent F0:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney B Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. C All dirt stockpile areas should be sprayed daily as needed D Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. F All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder jute netting, or other methods approved in advance by the APCD G All roadways, driveways, sidewalks,etc,to be paved should be complete as soon as possible. In addition building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site I All trucks hauling dirt, sand soil,or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer)in accordance with CVC Section 23114 J Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure Mitigation 5.d.1 In the event that human remains are discovered on BP PS 5.d.1 the property all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American,the California Native American Heritage Commission(NAHC)shall be contacted at(916)653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. 118 ITEM NUMBER. C -1 DATE. 05/11/10 Exhibit A Timing Responsibility Mitigation Conditions of Approval/Mitigation Monitoring Program /Monitoring Measure GPGrading Permit PS.Planning Services BP Building Permit BS:Building Services PLN 2009-1341 /CUP 2009-0244 La Plaza Theater TO:Temporary Occupancy FD:Fire Depariment FI:Final inspection PD:Police Department F0:Final Occupancy CE:City Engineer WW:Wastewater CA:City AHomey 9 f 1 The project shall prepare a Storm Water Management Plan BP PS 9.f.1 that incorporates Low Impact Development(LID)measures to the satisfaction of the City Engineer 9 f.2. The project shall prepare an Erosion and Sedimentation BP PS 9.f.2. Control plan and shall submit a Storm Water Pollution Prevention Plan(SWPPP)as part of the project grading plans. r 119 ITEM NUMBER. C - 1 DATE 05111110 EXHIBIT B: Site Plan, Landscape Plan and Floor Plan-6490 EI Camino Real Prior to the issuance of building 1 permits,all existing property lines that conflict with proposed buildings shall be merged or adjusted to _— _— — eliminate the conflict. I ------ ---- -- —_— EL CANING HEAL — H IFF F I I-EI T -- E/ET F vIEE AHA�.E I\Ef' l I I b 11— IeET 41L 7ET / / � 4— SE4T PE T F" T r - .r 4 F zp•, Ailf O Lu+nsLNln � / CW m� i�� Decorative transparent fence This is a conceptual landscape plan. "-`t` aLI Final approval of site This is a conceptual landscaping plant `"" material streetscape site plan. hardscape and site furniture shall be Complete grading, approved by the drainage utility storm Planning Commission GROUND FLOOR / SITE PLAN water management plans concurrently with with low impact architectural review development features and handicapped La Plaza Cinemas Retail Pro eCt accessibility plans shall / 1 be submitted at time of Atascadero, California building permit. March, 2010 0 10 40 BEN HOFF,LLC,propeay oWKr UESUGI&ASSOCIATES JOHN ROUSH,CENTRAL COAST CINEMAS, IArrcarchitects interiors planning sustainability LARRY WYSONG CONSTRUCTION,developer 870 MARKET STREET,SUITE W5 MICHAEL SHERER/PEABODY COMMERCIAL REAL ESTATE, SAN FRANCISCO,CALIFORNIA 94raa booker/rcd property aquuirion&/cuing 120 ITEM NUMBER. C -1 DATE. 05/11/10 EXHIBIT C-1 Conceptual Building Elevations E d c d N r .i �• o U U cn a z N N O These are conceptual _ ."- character elevations. a a e Final approval of z i z w architectural elevations, o 0 H colors, materials, and � � 1 ¢ _ Cn signs shall be made by > > w the Planning Commission consistent ' w w z U with the character of these elevations E z, ° 3 1 � �r u ¢.• U � d m "se N 13 ti. FF _ Z2 SS H r U The rear elevation of the building _ ? that is visible from US 101 shall Z include substantive architectural .,u U€ . treatments and materials(Mitigation ;a o o Measure 1 c. o Z S xs oaf Z' 9 Wo mz-77 rye o �w Northwest elevation shall include additional architectural treatment consistent with the Downtown Design Guidelines. ' 121 ITEM NUMBER. C - 1 DATE. 05/11/10 EXHIBIT C-2: Architectural Rendering N. S �FZY s{ lop .# r i R . f K; ry" <, f These are conceptual character elevations. Final approval of architectural elevations colors, materials and signs shall be made by the Planning Commission consistent with the character of these elevations 122 ITEM NUMBER C-2 DATE. 5/11/10 M Asia ■ 1979 C" Atascadero City Council Staff Report - Administrative Service Department Bond Finance Team RECOMMENDATIONS Council 1 Authorize the City Manager to execute an agreement with Piper Jaffray for underwriting services and, 2 Authorize the City Manager to execute an agreement with Quint & Thimmig for bond counsel services 1%w DISCUSSION The City is preparing to issue bonds to finance the City's portion of the rehabilitation of Historic City Hall A successful issue requires expert financial and legal assistance The financial services offered by Piper Jaffray and the legal services offered by Quint & Thimming have offered such success to the most recent Atascadero bond issue Each organization has good ratings and works well as a team and in combination with the City They are always looking for financial opportunities on behalf of Atascadero Additionally, Mark Curran (of Piper Jaffray) and Brian Quint (of Quint & Thimming) have proven that they are committed to the City not only during the bond issue, but well after At no extra cost, they have assisted the organization and offered bond industry perspective with such topics as • the annual bond rating process, • financial expertise on various City projects (affordable housing, economic development, etc ), and • strategic planning This team brings considerable experience and expertise to the process, and staff *AW recommends using them for the bond issue 124 ITEM NUMBER C-2 DATE 5/11/10 a FISCAL IMPACT The fiscal impact of awarding the contracts is dependent upon the type and face value of the bonds being issued The estimated total underwriting and bond counsel fees for a $16 million bond issue is approximately $250,000 These fees are due only upon sale of the bond and will be paid from bond proceeds ATTACHMENTS 1 Draft Contract with Piper Jaffrey 2 Draft Agreement with Quint & Thimmig 125 Attachment 1 CITY OF ATASCADERO Ir 1918 , 1878 CONTRACT FOR Piper Jaffray & Co **W for MUNICIPAL BOND UNDERWRITING SERVICES 126 I SCOPE AND STANDARDS 1 A. CONTRACT 1 2 EMPLOYMENT STATUS OF PERSONNEL. 1 A. INDEPENDENT CONTRACTOR, EMPLOYEES OF CONSULTANT 1 B INDEPENDENT INVESTIGATION 2 C COMPLIANCE WITH EMPLOYMENT LAWS 2 D UNLAWFUL DISCRIMINATION PROHIBITED 2 3 TIME OF PERFORMANCE 2 4 COMPENSATION 2 A. TERMS 2 B NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING 2 5 SUPERVISON,LABOR AGREEMENTS AND PERSONNEL. 3 A. CONSULTANT SUPERVISES PERSONNEL 3 B PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS 3 C APPROVAL OF STAFF MEMBERS 3 6 TERMINATION 3 A. 30 DAYS NOTICE 3 B OBLIGATIONS SURVIVE TERMINATION 3 7 CHANGES 4 8 PROPERTY OF CITY 4 A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY 4 B CONSULTANT TO DELIVER CITY PROPERTY 4 9 CONFLICTS OF INTEREST 4 A. CONSULTANT 4 10 CONFIDENTIAL INFORMATION 5 A. ALL INFORMATION KEPT IN CONFIDENCE 5 B REIMBURSEMENT FOR UNAUTHORIZED RELEASE 5 C. COOPERATION 5 11 PROVISION OF LABOR, EQUIPMENT AND SUPPLIES 5 A. CONSULTANT PROPERTY 5 B SPECIAL SUPPLIES 5 127 City of Atascadero Piper Jaffray & Co 12 COMPLIANCE WITH LAW 6 A. COMPLIANCE REQUIRED 6 B PREVAILING WAGES 6 13 SUBCONTRACTING 6 14 ASSIGNABILITY 6 15 LIABILITY OF CONSULTANT 6 16 INDEMNIFICATION 7 A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY 7 B INDEMNIFICTION FOR OTHER THAN PROFESSIONAL LIABILITY 7 C GENERAL INDEMNIFICATION PROVISIONS 7 17 INSURANCE 7 18 RECORDS 8 19 MISCELLANEOUS PROVISIONS 8 A. NONDISCREvE NATION/NONPREFERENTIAL TREATMENT STATEMENT 8 B UNAUTHORIZED ALIENS 8 err C. GOVERNING LAW 8 D ASSIGNMENT OR SUBSTITUTION 8 E. ENTIRE CONTRACT 9 F AMENDMENTS -• 9 G CONSTRUCTION AND INTERPRETATION 9 H. WAIVER. 9 I. SEVERABILITY 9 J NOTICES 10 K AUTHORITY TO EXECUTE 10 Aftw 128 ''a ■n n ■ Isis ® 1976 CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO Piper Jaffray & Co THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and Piper Jaffray & Co ("Consultant") City and Consultant agree as follows 1 SCOPE AND STANDARDS A. CONTRACT Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by.the City This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein 2. EMPLOYMENT STATUS OF PERSONNEL. A. INDEPENDENT CONTRACTOR, EMPLOYEES OF CONSULTANT Consultant enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City Nothing in this Contract shall be construed to be inconsistent with this relationship or status Any persons employed by Consultant for the performance of services pursuant to this Contract shall remain employees of Consultant, shall at all times be under the direction and control of Consultant, and shall not be considered employees of City All persons employed by Consultant to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Consultant employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees 1 129 City of Atascadero ' Piper Jaffray & Co e � B INDEPENDENT INVESTIGATION The Consultant agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research C. COMPLIANCE WITH EMPLOYMENT LAWS The Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D UNLAWFUL DISCRIMINATION PROHIBITED Consultant shall not engage in unlawful employment discrimination Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 3 TIME OF PERFORMANCE. The services of Consultant are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided 'in.Sections 6 and 19 below, this Contract shall terminate no later than June 30, 2011, unless extended by the mutual agreement of both parties 4 COMPENSATION A. TERMS Compensation to the Consultant shall be as set forth in Exhibit B attached hereto and made a part hereof B NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING Consultant shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those .set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Manager or the City Manager's designee (hereinafter "City Manager" shall include the City Manager's designee) Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City's express written authorization signed by the City Manager is given to Consultant for the performance of said services fir► 2 130 City of Atascadero '° Piper Jaffray & Co , ° �rrl� 5 SUPERVISON, LABOR AGREEMENTS AND PERSONNEL A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel The City Manager may use any reasonable means to monitor performance and the Consultant shall comply with the City Manager's request to monitor performance B PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS The City acknowledges that the Consultant may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Consultant is legally obligated to comply with these Contracts It is expressly the intent of the parties and it is agreed by the parties that the Consultant's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Consultant may have covering and/or with is employees C APPROVAL OF 'STAFF MEMBERS Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services required under this Contract. Consultant.shall notify.City of any changes in Consultant's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any-such performance 6. TERMINATION. A. 30 DAYS NOTICE The City, upon.1hirty (30) days written notice, may terminate this Contract, without cause, at any time In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination B OBLIGATIONS SURVIVE TERMINATION Notwithstanding any termination of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due'to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination 3 'Noe 131 City of Atascadero Piper Jaffray & Co *ra-7-IT 7 CHANGES The City or Consultant may, from time to time, request changes in the scope of the services of Consultant to be performed hereunder Such changes, including any increase or decrease in the amount of Consultant's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Consultant's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager 8 PROPERTY OF CITY A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY It is mutually agreed that all materials prepared by the Consultant under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Consultant shall have no property right therein whatsoever City agrees that Consultant shall bear no responsibility for any reuse of the materials prepared by the Consultant if used for purposes other than those expressly set forth in the Intended Use of .Consultant's Products and Materials section of this Contract. Consultant shall not disseminate any information-or reports gathered or created pursuant to this Contract without.the,prior written approval of City including without limitation information or reports required by government agencies,to enable Consultant to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order Consultant will be allowed to retain copies of all deliverables. B CONSULTANT TO DELIVER CITY"PROPERTY Immediately upon termination, or upon the request by the City, the City shall be entitled to, 'and the Consultant shall deliver to the City, all data, drawings, .specifications, reports, estimates, summaries and other such materials and property of the--City as may have been prepared or accumulated to date by the Consultant in performing this 'Contract. Consultant will be allowed to retain copies of all deliverables to the City 9 CONFLICTS OF INTEREST A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Contract. Consultant further covenants that in the performance of this Contract, Consultant shall take reasonable care to ensure that no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Contract. Consultant agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein 4 132 City of Atascadero , Piper Jaffray & Co 10 CONFIDENTIAL INFORMATION A. ALL INFORMATION KEPT IN CONFIDENCE All materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order B REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements C COOPERATION City and Consultant shall promptly notify the other party should Consultant or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract:and the work performed thereunder or with respect to any project or property located within .the City City and Consultant each retains the right, but has no obligation, to represent the otherparty and/or be present at any deposition, hearing or similar proceeding Consultant and City .agree to cooperate fully with the other party and to provide ,004 the other party with'the 'opportunity to review any response to discovery requests provided by Consultant or City However, City and Consultant's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response 11 PROVISION OF LABOR, EQUIPMENT AND SUPPLIES A. CONSULTANT PROPERTY Consultant shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract. City acknowledges that all equipment and other tangible assets used by Consultant in providing these services are the property of Consultant and shall remain the property of Consultant upon termination of this Contract. B SPECIAL SUPPLIES City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense 5 133 City of Atascadero Piper Jaffray & Co %w 12 COMPLIANCE WITH LAW A. COMPLIANCE REQUIRED Consultant shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract Consultant shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Consultant shall provide a copy of the license(s) upon the request of the City The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of consultant to comply with this section B PREVAILING WAGES In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by applicable law 13 SUBCONTRACTING None of the services covered by this Contract shall 'be :,subcontracted without the prior written consent of the City Manager Consultant shall be as.folly responsible to the City for the negligent acts and omissions :of its contractors and subcontractors, and of persons either directly or indirectly employed,by them, as it is for the negligent acts and omissions of persons directly employed by Consultant. 14 ASSIGNABILITY Consultant shall not' assign or transfer any interest in this Contract whether by assignment or notation However, claims for money due or to become due Consultant from the City under this Contract may .be assigned to a financial institution, but only with prior written consent of the City Manager Notice of any assignment or transfer whether voluntary or involuntary shall be furnished' promptly to the City The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. 15 LIABILITY OF CONSULTANT Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Consultant's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors 6 134 144, City of Atascadero Piper Jaffray & Co '° `° 16 INDEMNIFICATION A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same are caused in whole or in part by any negligence or wrongful act, error or omission of Consultant, willful misconduct, or recklessness of its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. B INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees; officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out .of, are a consequence of, or are-in any way attributable to, in,whole or in part, the performance of this Agreement by Consultant or by ,any individual or entity for which consultant is legally liable, including but not limited to officers, agents,-employees-or subconsultants of Consultant. C. GENERAL ;INDEMNIFICATION PROVISIONS Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Consultant and shall survive the termination of this agreement or this section 17 INSURANCE. Consultant shall maintain prior to the beginning of and for the duration of this Agreement .insurance coverage as specified in Exhibit C attached to and part of this agreement. Ifto 7 135 City of Atascadero Piper Jaffray & Co `%w 18 RECORDS Consultant shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time Consultant shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19 MISCELLANEOUS PROVISIONS A. ASSIGNMENT OR SUBSTITUTION City has an NONDISCRIMINATION / NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination B UNAUTHORIZED ALIENS Consultaht hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U S C.A & 1101 et seq ), as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith C GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived D City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Consultant by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary *Awr 8 136 City of Atascadero Piper Jaffray & Co termination of this Contract. Subcontracts, if any, shall contain a provision making them *40� subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation F AMENDMENTS This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void G CONSTRUCTION AND INTERPRETATION Consultant and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity revise the provisions of this Contract and to have such provisions reviewed by legal counsel Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved .against the drafting party The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter I. SEVERABILITY The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable 9 137 City of Atascadero Piper Jaffray & Co �,�"° J NOTICES All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U S Mail) at the following addresses City- City of Atascadero City Manager 6907 EI Camino Real Atascadero, CA 93422 Consultant Piper Jaffray & Co Mark Curran, Managing Director 345 California Street, Suite2400 San Francisco, CA 94104 Each party may change the address at -which it gives notice by giving ten (10) days advance, written notice to the other party K. AUTHORITY TO EXECUTE The person or persons executing this Contract on behalf of Consultant warrant and represent that they have the authority to execute this ;�,,,,➢ Contract on behalf of their agency and further warrant and represent that they have the authority to bind Consultant to the performance of its obligations hereunder AGREED to this day of May, 2010 by the parties as follows Approved as to form: PIPER JAFFRAY & CO By- By- Counsel for consultant Mark Curran, Managing Director Approved as to form CITY OF ATASCADERO By, By- Brian Pierik, City Attorney Wade G McKinney, City Manager 10 138 City of Atascadero Piper Jaffray & Co CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal Labor C §§1860, 1861 ) CONSULTANT Mark.Curran, Managing Director 11 139 ,%W EXHIBIT A Scope of Work Financial Services Pertaining to the issuance of Bonds, Piper Jaffray will develop a financing plan for each sale of City Bonds with the purpose of assisting the City in achieving its financial objectives. The services requested may include, but are not limited to the following: 1 Organize and coordinate the financing team, 2 Financial analysis to determine feasibility of each component of the Project based upon existing and projected revenue sources, 3 Review and evaluation of financing structures available to the City for funding each facet of the Project, including a review of the financial viability of utilizing a line of credit to assist with part of the overall financing program, 4 Preparation and implementation of a comprehensive financing plan and marketing strategy for the issuance of Bonds, 5 Review and determine the appropriateness of the use of synthetic fixed rate and other financial products that can lower the City financing costs and .provide such financial products as approved by the City; 6 Assess benefits of rated.Bonds, and if found cost effective or prudent, facilitate such rating, 7 Assess benefits of credit.enhancements (letter of credit, bond insurance, etc ) and if found cost effective or prudent, facilitate such enhancement;. 8 Facilitate the preparation of an Official Statement (OS), including, among other things, a detailed description of each financing.undertaken as part of the Project, the debt to be offered, the financing plan for each individual financing, and such statistical and other matters as desired for informing investors and other concerned parties, 9 Coordination of the printing and distribution of each OS, 10 Preparation of cash flow statements, debt amortization schedules, and other appropriate financial information as requested by City; 11 Submit a Bond Purchase Contract at such time and place as mutually agreed upon by the City and Piper Jaffray for the purchase of the Bonds, 12 Purchase of the Bonds, 13 Coordination of closing and delivery of the Bonds 14 Assistance with annual bond rating A-1 140 EXHIBIT A (cont'd) Scope of Work Miscellaneous Piper Jaffray commits to provide qualified and expert personnel to work with the City on all projects authorized under this Agreement. The Piper Jaffray team will be directed by Mark Curran, Managing Director of the Piper Jaffray Public Finance Group Mr Curran will personally supervise and direct all efforts of Piper Jaffray in fulfilling the terms of this Agreement. City has the exclusive right to approve Piper Jaffray staff assigned by Piper Jaffray to work with the City This Agreement and the rights and obligations of the parties hereto shall be construed, interpreted and enforced pursuant to the laws of the State of California. To avoid costly litigation, the parties of this Agreement agree to first submit any disagreements to arbitration If appropriate to facilitate the issuance of Bonds, City may offer the Bonds through a Joint Financing Authority (JFA), pursuant to the provisions of Chapter 5 of Division 7 of Title 1 of the Government Code At such time as the City sells bonds to the JFA, the JFA shall sell the Bonds to Piper Jaffray It is understood by both'the City and Piper Jaffray that the sole security for the Bonds issued by the JFA will be the revenues pledged by the City B-2 141 fir.* EXHIBIT B Compensation and Method of Payment Piper Jaffray will pay its own costs incurred in the performance of this Agreement, including cost of travel within California, cost of its legal counsel, if any, communication, assist in the preparation (but not printing and mailing) of Official Statements, and overhead expenses, except as provided in the following paragraph The City, from bond proceeds or other lawfully available funds, will pay with each issuance of Bonds, legal fees, including bond counsel, disclosure counsel, rating agency, and-credit enhancement fees (if any), the cost of appraisal, fiscal consultant, statistical, computer and graphics services (if any), cost of printing and distribution of the Official Statement and expenses of publication advertising, and informational meetings, and the costs of fiscal agency or bond trustee and registrar Travel expenses outside California by Piper Jaffray shall only be paid by the City if approved in writing prior to the incursion of said expense Piper Jaffray will be compensated for its work as well as any expenses through the underwriting discount paid for.the purchase of the Bonds, with payment contingent upon the successful sale and delivery of the Bonds The actual underwriting discount will be as established via negotiation with,the City based on the credit strength of the Bonds, the market conditions at the time of Bond,pricing, and work undertaken by Piper Jaffray If the City, acting in good faith, determines that it cannot agree on an underwriting discount or bond pricing with Piper Jaffray, the City may sell the bonds to persons or firms other than Piper Jaffray at public or private sale, with no remuneration toPiper Jaffray In any case, the maximum underwriting fee to be paid to Piper Jaffray for the issuance of tax-exempt municipal bonds shall not exceed 1% of the par amount of the bonds and should taxable municipal .bonds be issued, the underwriting fee for those bonds shall not exceed 1 25% of the par amount of the taxable bonds. B-3 142 EXHIBIT C Insurance Requirements The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants Minimum Scope of Insurance Coverage shall be at least as broad as 1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) 2 Insurance Services Office form number CA 0001 (Ed 1/87) covering Automobile Liability, code 1 (any auto) 3 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance 4 Errors and Omissions Liability insurance as appropriate to the consultant's profession Minimum Limits of Insurance. Consultant shall maintain limits no less than 1 General Liability :$1,.000,000 per occurrenceJor bodily injury, personal injury and property damage If Commercial General Liability or.other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability- $1,000,000 per accident for bodily injury and property damage 3 Employer's Liability, $1,000,000 per accidentfor bodily injury or disease 4 Errors and Omissions Liability- $1,000,000 per occurrence Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City At the option of the City, either- the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions 1 The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects- liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers 2 For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers Any insurance or self-insurance maintained by the City, its officers, officials, IWO B-4 143 employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3 The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability 4 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City Acceptability of Insurers Insurance is to be placed with insurers with a current AM Best's rating of no less than A.VII Verification of Coverage Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf All endorsements are to be received and approved by the City before work commences. *owe B-5 144 Attachment 2 Amement for Legal Serums CITY OF ATASCADERO HISTORIC CITY HALL FINANCING PROJECT BOND COUNSEL AND DISCLOSURE COUNSEL SERVICES THE;AGREEMENT FOR LEGAL SERVICES is made and entered into this day of , 2010 by and between the CITY OF ATAS42ADERO (the City"), and QUINT & �MJMNIIG LLP San Francisco,California( Attorneys"). W I T N E S S E T 14 WHEREAS,the Atascadero Public Financing Authority(the Authority")anticipates the issuance of its lease revenue bonds(the 'Bonds")to finance improvements to the City's historic city hall,which Bonds will be payable from lease payments to be made by the City under a lease agreement by and between the Authority and the City;and WHEREAS, the City requires the services of bond counsel and disclosure counsel in connection with the authorization,issuance and sale of the Bonds• WHEREAS, the City has determined that Attorneys are qualified by training and experience to perform the services of bond counsel and disclosure counsel, and Attorneys are willing to provide such services;and WHEREAS, the public interest economy and general welfare will be served by this Agreement for Legal Services, NOW THEREFORE,IT IS HEREBN AGREED,as follows. Section 1 Duties of Attorneys (a) Attorneys shall provide legal services, as bond counsel in connection with the authorization, issuance and consummation of the financing proceedings relating to the Bonds. Such services chill include the following: (i) Consult and cooperate with officials of the City City legal counsel,financing consultants, underwriters and other consultants, staff and employees of the City, and assisting such consultants, staff and employees in the formulation of coordinated financial and legal proceedings, (ii) Attend all meetings of the City at which the financing is to be discussed, as deemed necessary- by for the proper planning of the financing proceedings or when specifically requested to attend; (iii)Prepare any required indentures,ordinances and all resolutions,notices and legal documents necessary for the proper conduct of the financing proceedings; ,%mole 145 (iv)Review all financial documents for legal sufficiency (v) Review without undertal ing an independent investigation, any official statement or other disclosure document prepared in connection with the financing proceedings to assure correctness of disclosure relating to the legal documents, (vi) Prepare and provide a signature and no-litigation certificate, an arbitrage certificate and any and all other closing documents required to accompany delivery of the Bonds, (vii) Prepare and provide a complete transcript of the proceedings necessary to accompany delivery of the Bands, (viii)Subject to the completion of proceedings provide a legal opinion that(if tax- exempt) the interest due with respect to the Bonds is excluded from gross income for purposes of federal income taxation and that such interest is exempt from California personal income taxation, (ix) Subject to the completion of proceedings,provide a legal opinion approving in all regards the legality of all proceedings relating to the Bonds; (x)Confer and consult with the City officials and agents with regard to problems which may arise during the servicing and payment of principal of and interest on the Bonds•and (xi) Such other and further services as are normally performed by bond counsel in connection with the issuance of Bonds. (bl Attorneys shall provide legal services, as disclosures couw 1, in connection with the preparation of the official statement to be used in connection with the offering and sale of the Bonds (the 'Official Statement ) the continuing disclosure certificate and the bond purchase agreement between the City and the underwriter of the Bonds.Such services shall include the fallowing: (i)Prepare the Official Statement(both preliminary and final)in connection with the offering of the Bonds iii)Confer and consult with the officers and administrative staff of the City as,to matters relating to the Official Statement; (iii)Attend all meetings of the City and any administrative meetings at which the Official Statement is to be discussed, deemed necessary by Attorneys for the proper exercise of their due diligence with respect to the Official Statement,or when specifically requested by the City to attend, (iv)On behalf of the City prepare the continuing disclosure certificate in a form which is acceptable to the City ind the underwriter of the Bonds, (v) On behalf of the City prepare the bond purchase agreement, if required, between the City and the underwriter of the Bonds in a form which are acceptable to the City and the underwriter of the Bonds (vi) Subject to the completion of proceedings to the satisfaction of Attorneys, provide letters of Attorneys addressed to the City and the underwriter of the Bonds to 2- *Irl► 146 the effect that, although Attorneys have not undertaken to determine independently or assume any responsibility for the accuracy, completeness or fairness of the statements *400 contained in the Official Statement, in the course of Attorneys participation in the preparation of the Official Statement Attorneys have been in contact with representatives of the City and others concerning the contents of the Official Statement and related matters, and, based upon the foregoing, nothing has come to Attorneys attention to lead Attorneys to believe that the Official Statement (except for any financial or statistical data or forecasts, numbers, charts, estimates, projections, assumptions or expressions of opinion included therein, and information relating to The Depository Trust Company and its book-entry system,as to which Attorneys need express no view) as of the date of the Official Statement or the date of the closing for the Bonds contain any untrue statement of a material fact or omits to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made,not misleading Section 2. Compensation. (a) For the services set forth under Section 1(a), Attorneys shall be paid a legal fee for each issue calculated as follows,subject to a minimum fee of$30,000- 1%of the principal amount of the Bonds up to$1,000,000,plus 1/2%of the principal amount of the Bonds between$1,000,001 and $4,000,000,plus 1/4%of the principal amount of the Bonds between$4,000,001 and$25,000,000,plus 1/8%of the principal amount of the Bonds over$25,000,000 (b) For the services set forth under Section 1(b), Attorneys shall be paid a fee for each issue of$30,000,inclusive of all out-of-pocket expenses. Payment of said fees shall be entirely contingent,shall be due and payable upon the delivery of the Bonds and shall be payable solely from the proceeds of the Bonds and from no other funds of the City Section 3 Exceptions. Any services rendered in any litigation (other than validation proceedings deemed necessary by Attorneys) involving the City or the financing proceedings relating to the Bonds are excepted from the services to be rendered for the above compensation. On-going advice and preparation of necessary documentation regarding- (a) compliance with section 148 of the Internal Revenue Code of 1986, relating to arbitrage limitations and rebate provisions, or (b) the continuing disclosure requirements of the Bonds and Exchange Commission, are also excepted from the services to be rendered for the above compensation. For such services which Attorneys are directed to render for and on behalf of the City, compensation shall be on the basis of reasonable fees to be agreed upon by the City and Attorneys. Section 4. Termination of Agreement. This Agreement for Legal Services may be terminated at any time by the City, with or without cause, upon written notice to Attorneys. In the event of such termination, all finished and unfinished documents shall, at the option of the City,become its property and shall be delivered by Attorneys to the City -3- 147 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective officers thereunto duly authorized as of the day and year first above written. CITY OF ATASCADERO By Name Title QUINT&THIMMIG LLP By 4V� 6"� Brian D Qui Vartner -4- 148 149 ITEM NUMBER C-3 ® DATE. 05/11/10 ieis � � i9 Atascadero City Council Staff Report — Community Development Department On-site Alcohol Sales License Determination of Public Convenience PLN 2010-1363 6917 EI Camino Real, Suite C "Galaxy Theater" (Colony Square, LLC/Galaxy Theater) RECOMMENDATION Council adopt Draft Resolution A finding that a public convenience would be served by allowing the issuance of an on-site sale of beer and wine license for the Galaxy Theater, a new establishment located at 6917 EI Camino Real (Colony Square) DISCUSSION The applicant has applied, through the Department of Alcohol Beverage Control (ABC), for an on-site sale of beer and wine at a new establishment to be located at 6917 El Camino Real This ten (10) screen movie theater complex is currently under construction as a part of the Colony Square project. The site is zoned Downtown Commercial (DC) within the Downtown General Plan Land Use Designation (D) This mixed allow theaters and eating and drinking establishments in the Downtown Commercial zone The project has been approved through a conditional use permit (2004-1027) which was subsequently amended in 2008 Galaxy Theaters is proposing to have two "VIP" theaters which would serve beer and wine and be restricted to patrons 21 and older (see attachment 2 for further details) Analysis. Section 23958 4 of the Alcoholic Beverage Control Act requires the local governing body of the area to determine that the license will serve public convenience or necessity This process is only required when it is found that "Undue Concentration" of liquor licenses exists within the area. In this case, the Department of Alcoholic Beverage Control (ABC) has determined that there is an undue concentration of liquor licenses within 150 ITEM NUMBER C-3 DATE. 05/11/10 the area and that a determination from the local governing body (City Council) will be required The proposed site is located in census tract number 0125 02, which allows eleven (11) ABC licenses within the area without Council review There are currently fifteen (15) licenses existing within the census tract, and therefore Council review is required prior to adding any additional license to the area. The site is also more than 500 feet from any public school properties Staff has reviewed the request to determine that approval of this application, or conditional approval, would not negatively influence the rate of criminal activity in the neighborhood and that it would be compatible with the neighborhood character (Downtown Commercial) The Atascadero Police Department has determined that the impact to public safety would be negligible based on the consideration of the physical location of the current establishment and the number of past calls for service FISCAL IMPACT Slight positive fiscal impact expected from increased sales tax. ATTACHMENTS 1 Location Map 2 Applicant Letter Explanation of Beer & Wine Services 3 Draft Resolution A NWO 151 ITEM NUMBER C-3 DATE 05/11/10 *%W Attachment 1 Location Map,6917 EI Camino Real 6917 EI Camino Real � t NOWS 4 Ar � 01 152 ITEM NUMBER C-3 DATE. 05/11/10 Attachment 2:Applicant Letter Explanation of Beer&Wine Services GALAXY T H E A T R E S 15060 Ventura Blvd. Suite 350 Galaxy Theatres Atascadero Sherman Oaks Colony Square California 91403 Tel(818)986-9000 Fax(818)784-0106 Galaxy Theatres will serve beer and wine in two VIP auditoriums in its new theatre currently under construction at Colony Square The two auditoriums #6 and#7 will both have access through a bar area where the wine and beer will be dispensed At all times access to this bar area will be restricted to individuals who are 21 years or older ID's will be checked at the entry point to the bar area. Alcoholic beverages once purchased can then be carried in to an auditorium. If alcohol is being offered for sale no one under the age of 21 will be allowed in the auditorium. Access to auditorium 6 is solely through the bar area, so auditorium 6 will be restricted to those over 21 at all times Access to auditorium 7 is either through the bar area or from the central corridor When alcohol is being served access will only be available through the bar area and the auditorium will of course be restricted to those over 21 If auditorium 7 is being used during the day for a non-alcohol event, access will be through the central corridor and the door to the bar will be secured In addition to movies, through our digital connections we will on occasion exhibit sporting events or.:toncerts. However regardless of what is showing on the screen if alcohol is being consumed in an auditorium all the patrons therein will be 21 or older 153 ITEM NUMBER C-3 DATE. 05/11/10 Attachment 3: Draft Resolution A DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, FINDING THAT A PUBLIC CONVENIENCE WILL BE SERVED BY ALLOWING THE ISSUANCE OF AN EXPANDED ALCOHOL LICENSE AT 6917 EL CAMINO REAL ON APN 029-361-036 (Colony Square, LLC/Galaxy Theater) WHEREAS, an application has been received from Colony Square, LLC (205 E. Carrillo St. #222, Santa Barbara, CA 93101) Property Owner, and Galaxy Theater (15060 Ventura Blvd Suite 350, Ventura, CA 91403) Applicant, to request that the City Council make a finding of public convenience or necessity to allow the Department of Alcohol Beverage Control (ABC) to issue a beer and wine on-sale license at 6917 El Camino Real, (APN 029-361-036), and, WHEREAS, the sites current General Plan Designation is D (Downtown), and, WHEREAS, the sites current Zoning Designation is DC (Downtown Commercial), and, WHEREAS, eating and drinking establishments that sell beer and wine are consistent with the zoning district and the City's Downtown Revitalization Goals, and, WHEREAS, the Atascadero Police Department has reviewed the application and does not foresee any significant public safety issue related to the requested license, and, WHEREAS, the license is requested at a site that is located more than 500 feet from public school property; and, WHEREAS, the City Council of the City of Atascadero considered the requested application at a public meeting on May 11, 2010; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby determines that a public convenience will be served by the issuance of an on-site sale beer and wine to Galaxy Theater's VIP auditoriums at 6917 El Camino Real. 154 ITEM NUMBER C-3 DATE 05/11/10 On motion by Council Member and seconded by Council Member *400 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 Pienk, City Attorney 155 ITEM NUMBER C -4 DATE. 05/11/10 XM ,.► Atascauero City Council Staff Report - Public Works Department Atascadero Trail and Restoration Grant Status RECOMMENDATION Council receive and file staff report on the current status of the Atascadero Trail Project Grant. DISCUSSION Background. The Upper Salinas-Las Tables Resource Conservation District (RCD) was awarded an $833,868 00 grant from the Resource Agency of the State of California in 2003 for the design and construction of the Atascadero Creek Trail and Restoration Project (Project) The Project was funded through Proposition 40 - River Parkways Grant Projects The City initially allowed the RCD to develop the grant, and administer and design the project, and originally only committed to the on-going maintenance of the trail In 2008 the City received a request from the RCD to take over the Grant and complete the Project. The reason the RCD gave at the time was "serious financial issues with the way that the Resources Agency administered the grant." RCD identified the "financial issues" as 1 The grant paid direct costs only such as staff salaries, health benefits, Medicare, etc The grant did not pay indirect costs like office space, utilities, printers, etc The RCD did not have a funding source for indirect costs 2 Reimbursement of expenses The grant was designed to be a reimbursement of project expenditures The expenses were supposed to be incurred by the RCD, the RCD pays the bills and a payment request is submitted to the Resources Agency This created a situation where the RCD was funding the project short term, until they are reimbursed The RCD had limited funds available to carry the debt. 156 ITEM NUMBER C-4 DATE 05/11/10 At the February 2, 2008 City Council meeting the City took over the responsibility to finalize the project The project has been essentially dormant since that time as State funding was suspended The project is comprised of two segments, or "reaches", namely- Reach B-1 Reach B-1 is along or near Atascadero Creek from EI Camino Real to the Juan Bautista de Anza National Historic Trail at the Salinas River This Reach has side spurs that go to Stadium Park and Colony Park Community Center LEGEND we+—. Reach H , rgttt, Existing Tralls 0,0 `Proposed Restoration Juan:Saututta cis Anis National Historic Trail "Im, Existing Walking:Path Trait to bs built by City of Atsscadaro- a�ae Existing:Me.Routs Project consiruationlAnnouncernerd Sign ' Q Proposed Parking'.Lot ]a" Existing Parking Lot *Cn '® Existing Public Restroom - "v Existing ParWRat:rastlonal Area t: *SrlalOa� n. r.. "-ii�wYoytM�Cexnler +ir�,�+a�+►,bt�l rr , +iaeyswr til M�asnhea't-;'., ... �Hbtorle 6FWo-Center ;isrt�ir�^ti��t.Bef E�:3aenlswn:6ardwnNt' ° 157 ITEM NUMBER C-4 DATE. 05/11/10 Reach B-2 Reach B-2 is from Atascadero Lake Park, along Atascadero Creek, to the Three Bridges on Morro Road P wracatoaa.ro-uNutP,atc; ' Reach B-2 ". LEGEND �.. Raaort:a- �' ExishnoTralla PCOAoaad Riflttll8tlpn Juan Battista da Arida National':Historic Trail ,A,Jttll! Existing 4Valking Path..,.i.. 'Trail to bo built by,Oty of Atasaadoro vie," ExiatlnoDike Routs(Caltrans) Project Co nstructionlAnnounosmont Sign Q PrcAOsar;Parking Lot ExistingParking Lot' ,. Existing Public.Restroom - �. Evicting:PanVReoreatibnal Area 3.13.©5"won:- The RCD prepared plans for Reach B-2 along Morro Road and the portions of Reach B-2 outside of the Caltrans right-of-way have been constructed There are still several unresolved issues with Caltrans for the work proposed in the Highway 41 right-of-way �rrr 158 ITEM NUMBER C -4 DATE 05/11/10 In an effort to further the project Staff has recently met with Caltrans and determined the unresolved issues within the highway right-of-way to be primarily- 1 Resolution of environmental mitigations during construction 2 Construction of two pedestrian ramps at Portola Ave / Hwy 41 including additional signal modifications, striping, signal heads, push buttons, etc 3 Removal of existing parking spaces and driveway within the right-of-way in front of the current "EI Mariachi Restaurant", and potentially additional paving 4 City to provide a formal maintenance agreement and fund on-going maintenance of the trail within the right-of-way There are several problems with these additional work items The removal of parking and a driveway approach at the EI Mariachi Restaurant was not anticipated in the grant application, and would have significant impact on the business owner Similarly, the installation of pedestrian ramps and associated signal modifications would require traffic engineering and expensive signal equipment and modifications, these issues were also not considered in the original grant application and funding Staff is attempting to modify the design to eliminate the need to change the parking and driveways, as there are not adequate funds within the remaining grant for the design and installation of traffic signal improvements Staff intends to continue discussions and negotiations with Caltrans to try to modify the project, lessen Caltrans right-of-way improvements, and complete as much of Reach B-2 as possible This brings us to the challenges of completing the grant funded program for Reach B-1 There is $20,195 remaining to fund additional design and administration, and there is approximately $374,566 remaining that is allocated to the construction of the trails project. The two segments are Analysis. The following summarizes the issues to be addressed before this project can be finalized ➢ Trail Route Reach B-1 The current route for the entire Reach B-1 is along or near Atascadero Creek from EI Camino Real to the Juan Bautista de Anza National Historic Trail at the Salinas River There are design constraints with this route as follows ✓ Right-of-way Right-of-way along the route is not all publicly owned Easements will need to be acquired to construct and use the trail ✓ Parking The trail may displace vehicles from parking along certain roads ✓ Creek bank stability In some areas Atascadero Creek bank is steep and unstable The creek bank may need substantial repair in order to install the trail ✓ Funding 1411,01 159 ITEM NUMBER C-4 DATE. 05/11/10 The entire length of Reach B-1 cannot be accomplished through this grant. Staff recommends improving only the portion of Reach B-1 between EI Camino Real and Lewis Avenue The City can revise the route with the approval of the Resource Agency Staff has prioritized what can be accomplished in an effort to finalize the grant and plans on filing an amended project description to the State since the original trail configuration is being modified ➢ Trail Route Reach B-2 The current route for Reach B-2 is along Atascadero Creek from Portola Ave to San Gabriel Road There are right-of-way (Caltrans) constraints with this route as follows ✓ Additional environmental studies and monitoring required by Caltrans ✓ Pedestrian and signal improvements at Portola Ave / Morro Road ✓ Removal of parking and driveway access along EI Mariachi Restaurant. ✓ Funding for all of the above The improvements required to satisfy Caltrans cannot be accomplished through this grant. Staff recommends negotiating required improvements to a bare minimum and pursue grant funding for the completion of this trail at a later date The City will revise the route with the approval of the Resource Agency ➢ Work to be completed Reach B-2 ✓ Construction documents must be amended per the Caltrans plan check corrections ✓ Plans re-submitted to Caltrans for approval ✓ Portions of the trail can be completed between Portola Road and San Gabriel Roads ✓ The traffic signal modifications and elimination of parking spaces will not be completed at this time Reach B-1 ✓ City Council to give staff direction on the reduced extent of Reach B-1 ✓ Complete topographic survey ✓ Environmental documents completed for the route ✓ Construction documents completed ✓ Construct ➢ Staffing City staff has been reduced, and currently manages a large Capital Project Program outlined in the current budget. There is little staff capacity to add additional projects, 160 ITEM NUMBER C-4 DATE. 05/11/10 therefore current projects may be delayed to provide the staff time necessary to design the project. If Council directs staff to resume this project, we anticipate the design work would be completed in house to keep costs down Engineering services like geotechnical engineering and survey services would be contracted out. FISCAL IMPACT The total spent to date by RCD is ✓ Design /Admin $347,50200 The total spent to date by City is ✓ Design / Admin $ 4,804 00 ✓ Construction $ 67,800.00 $ 72,604 00 ✓ Balance of Grant $413,76200 The remaining funding is a total of $413,762, broken out as follows ✓ Design and right-of-way $ 20,195 00 ✓ Construction $374,56600 The remaining design budget is small and will likely be enough to complete the simplified design work. The scope of the construction work will be tailored to use the available funding The design and construction of the reduced Reach B-1 portion discussed above can be completed using the balance of the remaining grant funds The City has minimal funding for designing and administering the project, but feels that a portion of Reach B- 1 can be completed 161 ITEM NUMBER C-5 DATE 5/11/10 AiY■A Y,■ n 1918 .. ■ 1919 8 A tascadero City Council Staff Report - Fire Department Stadium Park Fire Study RECOMMENDATION Council receive and file this report on the grant staff received for the purpose of conducting a fire study for Stadium Park DISCUSSION The Fire Safe Council (FSC) receives funds from the Bureau of Land Management (BLM) and then passes the money on to local agencies with specific projects designed to create fire safe communities In an effort to assist the City Council in achieving the Strategic Planning Goals of enhancing public safety, improving economic development and the promotion of tourism, staff has obtained a grant from the FSC The grant that the City received consists of two parts The first part will involve fire staff working with a Fire Behavior Specialist and a Fire Ecologist to study and model fire behavior in and around Stadium Park. The purpose of the study is to determine ways to make it possible to safely hold public events in Stadium Park without endangering the participants of the events and the property owners living above the Park. Based on findings from the study, staff will make recommendations to the Council regarding possible fuel modification options that would improve fire safety within the Park. The second phase of the grant will provide funding towards the fuel modification plan ultimately chosen by the Council The City will have to maintain the improvements once completed The FSC funds cannot be used for maintenance of completed projects Council should be aware that at the conclusion of the study and completion of the fuel management work, the fire risk to the public and neighbors above the park may still be too great to allow events year-round The Park has a history of community events that saw large gatherings of citizens for entertainment and social events. The Park has an equally long history of dangerous and life-threatening fires The most recent was in 1984 and resulted in burns sustained by two Atascadero firefighters Safety of event patrons and the neighbors above and around the Park is staff's number one concern At the conclusion of this study, the City will know what is involved in rendering the Park fire safe or even if it can be used for events Further, the Council will be given options to assist in determining the scope of fuel modification and the fire 162 ITEM NUMBER C - 5 DATE. 5/11/10 and ecological impacts of those options A sample of options the Council may be given are to • Do nothing • Weed Abatement Only • Ground Fuel Type & Kind Management • Reduce "Ladder Fuels" • Thinning and/or Rremoval • Native Plants and Trees • Non Native Plants and Trees • Dead/ Diseased Material • Irrigated Green Belt • Clear Cut The Council may pick and choose various combinations of the above list. While the list above is only a sample of the suggestions the study will produce, it should be noted that funds are limited Staff intends to "price" the options that the study suggests, to better inform and assist the Council with a final decision FISCAL IMPACT None The City received a grant from the Fire Safe Council for $37,000 Additionally, the grant does not have a local match Should the Council decide to adopt a fuel management plan for the Park, the funding from the Grant will likely cover the initial costs However, the City will have to maintain the improvements to ensure the safety of community members attending events in the future ALTERNATIVES The City Council could refuse the grant. ATTACHMENTS None 163 • C e.-I ity of At Office of the City Clerk TO City Council FROM Marcia McClure Torgerson City Clerk/Assistant to the City Manager SUBJECT Additional Information Provided to City Council after Agenda Packet Distribution DATE May 10, 2010 Attached is additional information that was provided after the City Council Agenda Packets were distributed. This information pertains to Agenda Item Number C-1 Description PLN 2009-1341 -- CUP for a 10 Scren Movie Theater/ Retail / Restaurant Building, Request to Summarily Vacate a Portion of Atascadero Mail Ave and EI Camino Real -- 6320 — 6490 EI Camino Real (Hoff/Wysong) City Council Meeting Date May 11, 2010 GALAXY T H E A T R E S May 10, 2010 15060 Ventura Blvd Suite 350 Sherman Oaks The Honorable Mayor Roberta Fonzi California 911403 Atascadero City Council Members Tel. (818)986-9000 City Hall Fax.(8 18)784-0106 6907 El Camino Real Atascadero, CA 93422 RE Galaxy Atascadero Theatre Dear Mayor Fonzi & Council Members It has been my personal pleasure to meet with each of you individually and formally introduce myself and Galaxy Theatres to the City of Atascadero Also, to let you know how excited we are to become a positive contribution to the growth and enjoyment of your Community During meetings with you and other civic leaders I was heartened by the enthusiasm for the Colony Square and Galaxy Theatres Those that toured our Galaxy Tulare Theatre were especially excited about us coming to Atascadero As was said by many there, "this is definitely a giant step up from what we're used too " By all accounts we appeared to be welcomed. As you know, our involvement in Colony Square is fairly recent, coming at a crucial time in order to avoid a crisis created by John Roush's sudden withdrawal from it. Wanting to come into Atascadero for the past years,but not being able to because the market doesn't support more than one theatre,I was excited when Dr Jim Harrison called me to offer us the opportunity to Join him in Colony Square which we consider a top notch entertainment/retail development. I was even more gratified when the City showed its support by guaranteeing a$1 5 million loan to Colony Square's developers However, I'm writing to express my confusion and concern about the contrast between the verbal support we are receiving from the community and the actions now being taken by the City They seem to be in conflict. Galaxy Theatres is concerned with the actions of the City in regards to the recently proposed La Plaza Retail and Theatre Development. What appears to be an aggressive fast track approval of this large master planned project,without the normal and necessary details, studies, and submittals required by the City's own required approval process, is tilting what should be a level playing field for two competing businesses into a sloped field favoring one I have been informed from people there that the City feels it needs to overcome a previous administration's no growth reputation. Certainly that's understandable I would respectfully offer that the normal information required from a proposed large development does not create a no (or pro) growth reputation. The interpretation of the information does There are several critical issues that normally surface through the City's regular approval process. These issues are detailed in a separate report(attached) prepared for us by architect Thom Jess, Arris Studio, San Luis Obispo, CA. These assist a City Council in making informed decisions These have not been addressed. For example, the CUP the GALAXY THEATRES The Honorable Mayor Roberta Fonzi Atascadero City Council Members May 10 2010 Page 2 of 2 Planning Department and Commission is asking City Council Members to delete large amounts of needed parking, a critical issue for all of us who have businesses in the Downtown. A 10-screen theatre normally requires approximately 450 parking stalls. We have 166 and La Plaza's is proposing less than 75 This is more than 70% short of what is needed by normal theatre standards. Other parking and traffic issues associated with the vacating of a nearby street are of concern to us as well. Shouldn't the City Planning Department be recommending an outside economic feasibility study be conducted before the City Council is asked to make such important strategic and far reaching decisions? Before the City approves a CUP for La Plaza(which includes a second theatre) and accepts the risk of living with the potential fallout caused by over-saturation of theatres, wouldn't it be worth reviewing the independent studies which the City has copies of detailing how many screens the Atascadero Theatre market can support? To date, the Project has proceeded without credible and verifiable information on the viability of two theater projects in a community the size of Atascadero In conclusion, we welcome competition and believe it makes us all better What we don't wish to do is compete on a playing field that is not at least level. Presently, at this puncture, the uneven playing field that has been created by Planning Department's actions and Planning Commission recommendations leaves Galaxy Theatres, the Colony Square project, -- and your own $1 5M loan guarantee-- at risk. There is a familiar saying that"business goes where it is invited and stays where it is supported." While Galaxy Theatres has been made to feel quite welcome verbally, the City's actions currently speak otherwise. I strongly support Atascadero but, as you can understand, must make Galaxy interests my top priority The facts support the need for 10 screens in the market. I am concerned that instead of having a successful project in Colony Square,you are poised to create two failed projects Because of these circumstances, I am forced to review all options I hope,but am no longer certain, that Galaxy Theatres has a future in Atascadero Sincerely, Frank J Rtmkus CEO Attachment a, S T U D I O ARCHITECTS May 9, 2010 Frank Rimkus, Galaxy Theatres Jim Harrison, Colony Square LLC Re La Plaza Theater Conditional Use Permit Application Dear Frank and Jim, At your request we have prepared the following list which includes items that either appear to be missing from the La Plaza Theater application or exceptions that the city must make in order to justify approving the Conditional Use Permit (CUP) application This list simply lists the items that are normally required prior to being granted a CUP The list was generated by reviewing city documents including submittal checklists in combination with my experience with similar projects Items that are normally required in order to obtain a CUP but do not appear to be provided by this applicant include 1 Accurate site plan (The site plan is not consistent with the perspective drawing) 2 Floor plans (Only small scale plans were provided) 3 Building elevations (There are several missing elevations) 4 Building sections (None provided) 5 Site sections (None provided) 6 Color and material samples (None provided) 7 Key building element details (None provided) 8 Grading and drainage plans (None provided) 9 Property survey (None provided) 10 Utility plan (None provided) 11 Traffic study (None provided) 12 Parking study (None provided) 13 Arborist report (None provided) 14 Landscape plans (None provided) 15 Economic study regarding duplicate commercial services 16 Detailed easement abandonment documents 17 Detailed real property abandonment documents 18 Tree protection plan 19 View corridor study regarding height exception 20 Onsite accessible parking 21 Passenger loading zone 22 Freeway elevation fagade treatment plan 1540 MARSH STREET STE. 150 a SAN LUIS OBISPO,CA 93401 a P•805/547.2240 m F 805/547.2241 THOtAAS E.JESS.AR('NtTE-T -27608 23 Title report showing one owner of parcels in question 24 Signage plan 25 Drainage / Low Impact Development plan 26 Blight analysis 27 Public improvements agreement or bond 28 Bicycle parking plan 29 Accessibility plan 30 Phasing plan Exceptions that the city will have to grant in order to approve the CUP for this project include 1 Height increase from 18'-0" to 76'-6 2 Waive the requirement that 25% of parking be provided on-site 3 Abandon utility and road easements without an accurate survey of what utilities are currently in the easement 4 Abandon city owned real property without an accurate survey of the parcel and without a civil engineer s drawings of what the parcel will look like once the abandonment takes place 5 It was stated by the applicant numerous times that the theater is contingent on the adjacent retail project moving forward The theater is essentially part of a larger development proposal However, the city is not requiring any information on what the remainder of this project will entail Legally a city is required to analyze the full impact of a project prior to granting a mitigated negative declaration or CUP for a portion of the project 6 Staff recommends that in order to accommodate this project EI Camino Real will need to be narrowed and diagonal parking be provided Staff then goes on to state that no city resources will be devoted to this issue However there is no agreement with the applicant requiring them to pay for these necessary improvements Other points include the fact that the parking analysis that was submitted to the city was prepared by Michael Sherer one of the applicants I do not believe that Mr Sherer is a licensed traffic engineer nor did I see any reference to other training he may have received qualifying him to prepare a parking analysis In fact, the findings of his analysis are laughable He concludes that an approximately 1,400 seat theater will require an average of 31 parking spaces The city requirement is for 1 space per 4 seats or 350 spaces Further, his analysis does not take the proposed restaurant or small retail space into consideration nor does it include the, yet to be designed but necessary, remainder of this project The Initial Study that was prepared by the City for this project does not list Aesthetics as a potentially significant impact Clearly exceeding the existing building height limit by 400% and blocking the view corridor between Hwy 101 and the Old City Hall building, which was previously included in City documents as a view worth protecting, is at least potentially significant The City along with FEMA are preparing to spend millions of dollars restoring the 1540 MARSH STREET STE.150 a SAN LUIS OBISPO CA 93401 u P•805/547.2240 a F•805/547.2241 THOMAS E 1ESS,ARCH(TECi IC27608 City Hall building and it seems to be short sighted to permanently block the view of the building from Highway 101 when all that it would take to open this view up is some tree trimming This is even more disturbing since the applicant has not even included an elevation view of what the rear of the building will look like The envisioned view of Atascadero s most historic building is being replaced by the view of the rear wall of the movie theater and the City does not feel that this is even a potentially significant impact Not to mention that nobody even knows what the rear of the movie theater will look like Another point is that the Initial Study does not list Hydrology and Water Quality as a potentially significant impact This may or may not be the case However there is clearly no evidence that it is not the case since grading or drainage plans have not been prepared These plans would have shown how the applicant intends on addressing these issues Without the plans there is no way to know what their intent is. One final point that cannot be overlooked relates to the proposed abandonment of the Atascadero Mall right-of-way Per the staff report- Requirements for summarily vacating a road are found in the Streets and Highways Code Section 8331 and 8334, which provides. 8331 The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist, a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel b) No public money was expended for the maintenance of the street or highway during such period The requirement is for both of these conditions to be met but it is not clear that either condition is met This portion of Atascadero Mall is currently passable to vehicular traffic and it is likely that the City of Atascadero has expended public money for maintenance of this road during the previous five years, In addition, the building that currently houses the Atascadero Main Street Association sits on this property and it is my understanding that public money pays for both the maintenance of the building and the maintenance of the landscaping If the building is part of the vacation then there maybe a question of compliance Since detailed drawings are not a part of the submittal package it is not clear exactly what is proposed to be vacated by the City Basically, there is a statement in the staff report indicating that the above conditions have been met but the severe lack of information makes it impossible to verify this Under normal circumstances the amount of information provided by the applicant is nowhere near adequate to warrant a City granting a CUP If the City Council approves the CUP for this portion of the project the city will be acting outside of normal operating 1540 MARSH STREET STE. 150 a SAN LUIS OBISPO,CA 93401 a P•805/547.2240 m F 805/547.2241 THOMAS E.JESS,ARCHITECT =027608 procedures and will be granting special exceptions to this project Similar special exceptions have not been granted to other projects that have come before the City Council for similar approvals Than you, Thom Jess Arris Studio Architects 1540 MARSH STREET STE.150 0 SAN LUIS OBISPO CA 93401 m P-805/547.2240 a F 805/547.2241 THOMAS E.JESS,ARCHITECT:�C27S08 r ARC NGELO ENTERTAINMENT, INC 15060 Ventura Blvd , Suite 450 Sherman Oaks, CA 91403 May 10, 2010 CURRENT STUDIO DISTRIBUTION POLICIES IT IS A COMMONLY HELD BELIEF OUTSIDE OF THE THEATRICAL EXHIBITION INDUSTRY THAT THE STUDIOS WILL LICENSE FILMS EQUALLY AMONG EXHIBITORS IN EACH MARKET ACTUALLY, IN THEIR EFFORTS TO MAXIMIZE EACH FILM'S BOX-OFFICE INCOME, THE STUDIOS ARE NOW SELECTING EACH THEATER IN EACH MARKET BASED ON ITS GROSSING POTENTIAL. ADDITIONALLY, THE NON-FIRST RUN OR NON-MAINSTREAM FILMS (ART AND SPECIALTY) ARE NO LONGER BEING INTRODUCED INTO THE MARKETPLACE IN THE SAME NUMBERS THAT THEY ONCE WERE MANY OF THE COMPANIES THAT ONCE CONCENTRATED ON THIS FILM BUSINESS SECTOR HAVE CEASED OPERATIONS (MIRAMAX, PARAMOUNT VANTAGE, WARNER INDEPENDENT, FINE LINE) DUE TO THE DECREASING ECONOMIC VIABILITY OF THESE TYPES OF FILM TH US THE AVAILABILITY OF THIS TYPE OF PRODUCT FOR EXHIBITORS HAS DECREASED DRAMATICALLY TODAY, MOVIE THEATERS THAT TRADITIONALLY FOCUSED ON SHOWING ART AND SPECIALTY FILMS ARE FINDING THE NEED TO NOW INCLUDE FIRST-RUN MOVIES AS WELL IN ORDER TO SURVIVE THE CURRENT DYNAMIC OF THE FILM INDUSTRY IS AS FOLLOWS AN EXHIBITOR, OPERATING IN A MARKET ALONE, NORMALLY IS ABLE TO CONTRACT WITH, AND OBTAIN, ALL MOVIE PRODUCT FROM ALL STUDIOS, UNLESS A FILM IS BEING GIVEN A LIMITED RELEASE EACH STUDIO WILL HAVE ITS OWN RELATIONSHIP WITH THE EXHIBITOR, AND THE EXHIBITOR WILL WANT TO COOPERATE WITH EACH STUDIO BASED ON EACH STUDIO'S STYLE OF BUSINESS THE EXHIBITION BUSINESS IS PRIMARILY A SINGLE PRODUCT BUSINESS (MOVIES) WITH THE STUDIOS BEING THE DISTRIBUTORS OF THE EXHIBITOR'S PRODUCT ALTHOUGH A MINOR "SIDE" PRODUCT FOR SOME EXHIBITORS, MUCH OF THE ALTERNATIVE CONTENT PRODUCT (CONCERTS, SPORTING EVENTS, ETC ) IS INCREASING AND COMING UNDER THE DISTRIBUTION CONTROL OF THE STUDIOS ACCORDINGLY, MAINTAINING A GOOD RELATIONSHIP WITH EACH STUDIO IS VERY IMPORTANT TO EXHIBITORS IF ANOTHER EXHIBITOR ENTERS THE SAME MARKETPLACE, THE EXISTING THEATER'S BOX- OFFICE INCOME WILL BE SPLIT BETWEEN THE TWO COMPANIES THIS SPLIT WILL BE DETERM INED BY EACH STUDIO AND ACCORDING TO THEIR BUISINESS JUDGEMENT THE STUDIOS WILL HAVE A RECORD OF THE NORMAL GROSSING LEVELS FOR EACH TYPE OF FILM IN THAT MARKET THEY WILL INITIALLY AGREE TO LICENSE A PORTION OF THEIR FILMS TO THE NEW EXHIBITOR AND THEN MONITOR THE BOX-OFFICE PERFORMANCE OF THESE FILMS IF THIS NEW EXHIBITOR IS UNABLE TO PRODUCE BOX-OFFICE RESULTS EQUAL TO OR BETTER THAN THE ORIGINAL EXHIBITOR THE STUDIOS WILL BEGIN TO LICENSE THEIR BETTER FILMS TO THE ORIGINAL EXHIBITOR AS IS THE CASE IN MOST SUCCESSFUL BUSINESSES, IT'S IMPORTANT TO NOTE THE STUDIOS LOOK FIRST TO FINANCIAL RESULTS WHEN SELECTING WHO THEY DISTRIBUTE THEIR PRODUCT TO THE STUDIOS WANT THE MAXIMUM MONETARY RETURN FOR EACH FILM OR ALTERNATIVE CONTENT PRODUCT, IN EACH MARKET, AND THEY WILL LICENSE THEIR PRODUCT ACCORDINGLY EVENTUALLY, THE WEAKER PERFORMING EXHIBITOR WILL FIND ITSELF BEING OFFERED THE WEAKER TITLES FROM EACH STUDIO, AND WILL MOST LIKELY END UP WITH A 30% MARKET SHARE THIS IS USUALLY NOT ENOUGH INCOME TO SUSTAIN A MULTIPLEX CINEMA. IF BOTH EXHIBITORS CAN GENERATE THE SAME BOX-OFFICE RESULTS, THEN THEY WILL END UP SHARING THE PRODUCT ON A 50-50 BASIS WHETHER OR NOT EITHER VENUE CAN BE FINANCIALLY VIABLE ON THIS BASIS IS QUESTIONABLE AS THE PROFIT MARGINS FOR EXHIBITORS ARE VERY THIN SINCERELY, f MICHAEL DOBAN PRESIDENT, ARCANGELO ENTERTAINMENT MIKE DOBAN 15060 VENTURA BL. SUITE 450 SHERMAN OAKS, CA. 91403 818.623.1015 1995 to PRESENT ARCANGELO ENTERTAINMENT President and Chief Operating Officer The Company (AE) has broad expertise in the Exhibition Industry and provides its clients services which include multiplex theater design, construction and project coordination, equipment selection and purchase, acquisitions, staff hiring and training, theater operations and film buying. AE also assists in the operation of multiplex cinemas worldwide on behalf of real estate and shopping center developers Mr Doban is a Ieader in film programming on behalf of independent cinema owners, such as Metropolitan Theatres, Bowtie Theatres and E-Magme Theaters Mr Doban continues to have excellent long term relationships with the top distribution executives at all mayor studios and independent film companies. With his hands on experience, he has helped clients establish and expand cinema circuits throughout the United States, Asia, Mexico, Russia, South and Central America and Africa. 1990 to 1995 UNITED ARTISTS THEATRES INTERNATIONAL As Senior Vice President of the International Division, Mike was a member of the executive site selection and design approval committees, reporting to the CEO He also created and oversaw acquisition of international film rights for all international locations, and negotiated with studios and independent distributors for both programming and theatrical distribution rights. He also created and supervised marketing and advertising campaigns for all regions 1982 TO 1990 UNITED ARTISTS THEATRES As Senior Vice President of the Film Department, Mr Doban was responsible for programming all theaters throughout the United States He worked with independent and mayor distributors in licensing movies for the theater circuit, and was responsible for negotiating contracts on a local and national level for exhibition rights on behalf of the company He was also a member of the executive committee for site selection and design approval. Study completed by Mike Stoner We-stern Real Estate Manager for Lowe's Home - Improvements ATASCADERO THEATRE MARKET ANALYSIS AGE ANALYSIS Date- 3/26/10 Polygon Attendance Population Age #of People Per Year Total Attendance 5-9 3,267 3 9,801 10-14 3,735 85 31,748 15-19 4,201 8 33,608 20-24 3,667 8 29,336 25- 34 7 669 7 53,683 35-44 8,335 6 50,010 45-54 11 470 5 57,350 55 -64 10,603 4 42,412 65- 74 5 335 3 16,005 Total 58,282 323,953 Total Attendance 323,953 Attendance Per Cap 5.558362788 Atascadero INCOME ANALYSIS Date 3/26/10 #per Total Household Income #of Households Household Attendance Per Year Attendance INCOME ANALYSIS 0 - 24999 5,238 2.34 0 0 25 000- 34 999 2,574 2.34 504 30,357 35 000-49 999 4,014 2.34 6.22 58,423 50 000 -up 16 083 234 8 301,074 Total 27 909 Population Total 65,307 Total Attendance 389,853 Attendance Per Cap 5.96954531 PROJESTED MARKET ATTENDANCE Age Analysis 323,953 Income analysis 389,853 divided by 2 Annual Attendance 356,903 Annual U S.attendance per screen is 36,627 Based on attendnace within the trade area of 356,903 the market will support the following number of screens. 10 Mark Stoner 30902 Belle Maison, Laguna Niguel, Ca 92677 Home Telephone 949-363-6913 COMMERCIAL REAL ESTATE RESUME EMPLOYMENT HISTORY Lowe's Home Improvement From August 2001 to present,Mr Stoner has been Director Real Estate Acquisitions for Lowe's Home Improvement. His responsibilities included directing the real estate expansion for Lowe s in six states in the western United States.He has negotiated and successfully coordinated the acquisition of sites and subsequent opening of over 35 Lowe's Home Improvement stores. Civic Partners From August 2000 to July 2001,Mr Stoner has been employed by Civic Partners, a Southern California based development company specializing in mixed-use redevelopment projects in several states throughout the country His responsibilities include pre-development,project entitlement,major tenant leasing and project management. Edwards Theatres Circuit,Inc. From May 1996 through July 2000,Mr Stoner was Director of Real Estate for Edwards Theatres Circuit,Inc.,a California based motion picture exhibition chain.His primary mission was to assist in the development of a national expansion strategy into selective major and secondary markets throughout the United States for a sixty-theatre five- year rollout.Duties included strategic expansion planning,developing the site selection criteria and process,pre- development due diligence, implementing an internal real estate organization including site selection staff, construction department, legal staff and a real estate approval committee,standardizing lease documentation, developing a theatre cash flow analysis,assisting with architectural design, selecting and negotiating locations, managing a real estate staff,and implementation of a strategic plan to close thirty older non-performing theatres. A deal sheet is attached for your review Video City,Inc. From March 1993 through May 1996,Mr Stoner was Vice President of Real Estate for Video City, a regional California based Video chain. His duties included strategic planning for a 100-store rollout into the western and mid western United States,implanting site selection criteria and standards,negotiating leases, selecting sites,initiating a broker network,and managing a real estate department comprised of four subordinates During Mr Stoner's tenure at Video City,the company grew from nine stores in California to approximately 50 stores in six western and mid western states. Commercial Brokers,Inc. Mr Stoner was Vice President and partner of Commercial Brokers,Inc. located in Newport Beach from May 1979 through March 1993 His duties as vice president included sales management,negotiating key sales and leasing transactions,feasibility studies,developing marketing proposals,coordinating national and regional tenant representation,coordinating overall leasing activity,and forecasting. Commercial Center Development,Inc. In January of 1987,Mr Stoner formed Commercial Center Development,Inc with two other partners and was active in the firm until November 1990 As Vice President and Partner,his responsibilities included land acquisition, leasing and marketing of retail and office product,construction supervision and coordination,architectural coordination,project financing and predevelopment, and property entitlement.Mr Stoner was active in the development of ten mixed-use shopping center developments. Affiliations ■ Mr Stoner has a strong working knowledge of most markets within the United States His primary emphasis and knowledge is within the western United States. ■ Extensive database of national commercial real estate broker and developer contacts ■ Founding member of International Realty Resources,a national networking real estate broker organization. ■ Active member of the International Council of Shopping Centers. Education Bachelor of Science,California Polytechnic University Pomona, California 1979 References available upon request Study completed by Bill Hall -Baffin Commercial Development Group, Inc QUESTION How many screens will the Atascadero, CA market area support? Analysis Raw Data Used in Analysis 1 Average Ticket Price per Admission $7 50 ' 2 Visit per year per person in trade area 473 2 3 Atascadero Movie Theater Trade Area 66,683 3 4 Potential Box Office Sales for Atascadero Trade Area $2,366,580 (4 73 x 66,683 x $7 50) 5 Box Office Sales per screen/per year (Atascadero) $236,666 ($2,366,580 _ 10 Screens) 6 Box Office Sales per screen per year (National) $251,841 4 7 Average spent per person/year for movie tickets (National) $3396 5 8 Average projected movie ticket/person for Atascadero $3549 ($2,366,580 T 66,683 persons) 9 Projected Attendance per screen in Atascadero 31,541 persons (66,583 persons x 4 73 visits � 10 screens) 10 Average attendance per screen per annum in US - 2009 36,627 6 11 Maximum Supportable Screens in Atascadero market area 9 4 Screens ($2,366,580 Annual Box Sales -_ $251,841 per screen per year) ' NATO (North American Theater Owners Association for 2009 2 NATO (North American Theater Owners Association for 2009 3 ESRI GIS Software(Demographics) 4 NATO (North American Theater Owners Association for 2009 5 Big Screen Biz(National Trade Group) 6 NATO Market Profile Site Type: Custom Polygon Polygon_6 Area.370.85 Square miles 2000 Total Population 63661 4W 2009 Total Population 66683 2009 2014 Annual Rate 049% 2000 Households 25328 CNI"M 4p 2009 Households 27686 2014 Households 28,595 2009 2014 Annual Rate 065% 'N 'Wy7i' 2000 Average Family Size 2.93 2009 Average Family Size 2.82 Amav_*0r4_-V1q#1rjw5w_w*14�1 2014 Average Family Size 2.81 v 00 Hous u i Units 28,330 W , "MR IMN ' Renter Occupied Housing Units 30.9% k A 2009 Hou;in Units 31 198 'o Renter Occupied Housing Units 32.0% R 2014 Housing Units 32,359 '0 'Z- Renter Occupied Housing Units 278% Median Household Income Fr't WNRAWARX411PNOW M" All 2009 $58,273 W Or Median Home Value Uft, 2009 $395,532 Per Capita Income ow 49040', 401"K 2009 $29163 Median Age 2009 44.5 . : 4.5*0 r4 Data Note:Household population includes persons not residing in group quarters. Average Household Size is the household population divided by total households. Persons in families include the householder and persons related to the householder by birth,marriage,or adoption. Per Capita Income represents the income received by all persons aged 15 years and over divided by total population. Detail may not sum to totals due to rounding. Source:ESRI forecasts for 2009 and 2014, U.S.Bureau of the Census,2000 Census of Population and Housing @ 2009 ESRI On-demand reports and maps from ArcGlS Business Analyst Online.Order at www.esri.com/bao or 800-292 2224 5/10/2010 Page 1 of 8 Market Profile qw. Site Type: Custom Polygon Polygon_6 Area-370.85 Square miles Al 2000 Households by Income dim *TWW _'M Iql1ill $15,000 13.2% _KJOWIft'I^—IN $25,000 $34,999 13.4% 0 $50,000 jAq$74,999 '422.9% awfWV='1' 77', _ "A $100,000 $149,999 7.9% $200000+ 1.6% ZOAK' _1 _1101w, 2009 Households b Income <$15,000 91% 'On $25,000 $34,999 9.3% WAV" 999 $50,000 $74,999 22.7% I 'A I I - 411ft Rl-, $100,000 $149 999 10.8% _W010"k,M1,000- $200,000+ 2.4% A�Q*%0'#Q4jhb0nie 114 W-1 AM W 2014 Households by Income <$15,000 8.6% $25,000 $34,999 8.1% $50,000 $74,999 24.0% $100,000 $149,999 10.4% $200,000+ 2.6% toe" �# 2000 Owner Occupied Housing Units by Value AS051flizoisma <$50,000 4.3% A'* $100,000 $149,999 10.7% ilk 091W $200,000 $299,999 31.2% $500,000 $999,999 47% Wv Average Home Value $258,552 2000 Specified Renter Occ.Housing Units by Contract Rent , j., r - *"N' WIN& Al With Cash Rent 95.3% Median Rent $652 Data Note.Income represents the preceding year expressed in current dollars. Household income includes wage and salary earnings, interest,dividends,net rents,pensions,SSI and welfare payments,child support and alimony Specified Renter Occupied Housing Units exclude houses on 10+acres. Average Rent excludes units paying no cash rent. Source.ESRI forecasts for 2009 and 2014, U.S.Bureau of the Census,2000 Census of Population and Housing C 2009 l On-demand reports and maps from Arl Business Analyst Online.Order at www.esri.com/bao or 800-292-2224 5/10/2010 Page 2 of 8 Market Profile Site Type. Custom Polygon Polygon_6 Area.370.85 Square miles 2000 Population by Age vim wAge 0 4 47% Vj,It4 A� MNY MI -* A4ANVWI Age 10 14 7.2% ",w _RW Age 20 24 5.2% AfiftwArw N- Age 35 44 164% Age 55 64 95% iNKNOW, 1�11 1_11VN__ of Tw IT,1�� #A& Age 75 84 6.2% Age 18+ 776% 2009 Population by Age V4 Age 0 4 4.5% Age 10 14 56% wlifffls_;'N�i 64W Age 20 24 5.5% -I- ;T Age 35 44 12.5% 014, Age 55 64 15.9% 1490m,V 4_11 -1 IWO IWX"^ NwIrl, n�, AW Age 75 84 5.6% Age 18+ 811% 2014 Population by Age g� Age 0 4 4.5% Age 10 14 5.4% Age 20 24 5.2% -011AWN -4 Age 35 44 12.6% #VRI Age 55 64 16.9% Age 75 84 5.2% pw m 09 11 WN :nqM Age 18+ 82.0% 2000 Population by Sex Females 50.2% 2009 Population by Sex Y, NJI Females 50.3% 2014 Population by Sex VOW, 07 W, "V. Females 50.3% Source.ESRI forecasts for 2009 and 2014.,U.S.Bureau of the Census,2000 Census of Population and Housing Q 2009 ESRI On-demand reports and maps from ArcGIS Business Analyst Online.Order atwww.esri.com/bao or 800-292 2224 5/10/2010 Page 3 of 8 Market Profile 4P Site Type. Custom Polygon Polygon_6 Area:370.85 Square miles 2000 Population by Race/Ethnicity i t White Alone 89.4% , 1 American Indian Alone 0.9% 41, r :v _ Some Other Race Alone 3.1% Hispanic Origin 9.9% t3tiieriijr.tndex: Y- 2009 Population by Race/Ethnicity White Alone 85.9% American Indian Alone 0.9% OwAt Some Other Race Alone 4.2% Tui+Oa5rt+11��f�E�ac�: Hispanic Origin 13.7% ti�v5i Irfclei:�; _ LAMM 3 4 2014 Population by Race/Ethnicity White Alone 83.7% Atli Iw: wm Rip PA American Indian Alone 0.9% ti53 # t' ib5i�eF Aliane Some Other Race Alone 5.0% T�v�� orea •�' " .!tom. �", ?� ,a- Hispanic Origin 16.1% 2000 Population 3+by School Enrollment Enrolled in Nursery/Preschool 1.5% iii dlr�}tr� r rkeii � -m'0* 4 ; Enrolled in Grade 1-8 11.0% Enrolled in College 6.6% Not Enrolled in School 72.3% 2009 Population 25+by Educational Attainment Ta Less than 9th Grade 2.4% High School Graduate 24.3% Associate Degree 9.6% Graduate/Professional Degree 10.0% Data Note.Persons of Hispanic Origin may be of any race. The Diversity Index measures the probability that two people from the same area will be from different race/ethnic groups. Source.ESRI forecasts for 2009 and 2014 U.S.Bureau of the Census 2000 Census of Population and Housing ©2009 ESRI On-demand reports and maps from ArcGIS Business Analyst Online.Order at www.esri.com/bao or 800-292 2224 5/10/2010 Page 4 of 8 Market Profile Site Type. Custom Polygon Polygon_6 Area.370.85 Square miles 2009 Population 115+by Marital Status Never Married 23.3% T+ Widowed 67% 2000 Population 16+by Employment Status In Labor Force 601% Civilian Unemployed 2.5% -:O<�*-V-WSW T VI-11 Alp" Not in Labor Force 39.9% 2009 Civilian Population 16+in Labor Force _V1905%OWY1,9t, 1 114v% ;710, Civilian Unemployed 91% 2014 Civilian Population 16+in Labor Force 94011##*f Civilian Unemployed 6.3% 2000 Females 16+by Employment Status and Age of Children " *4.141& �2LA R Own Children<6 Only 57% W" Unemployed 01% + "WRYIN W, 24-0-00- Own Children<6 and 6-17 4.9% 9AGIVIN I - Unemployed 01% Own Children 6-17 Only 171% AfflummuffW&A, 5oe"N'1 ,9190M- Mll "- Unemployed 0.3% plemmm""W a . No Own Children<18 72.3% 214FEWF-C, Unemployed 1.9% WWWWWW" , 'I'M SOVIMN-W1. I A" "NooWw" Source:ESRI forecasts for 2009 and 2014.,U.S.Bureau of the Census,2000 Census of Population and Housing (D 2009 ESRI On-demand reports and maps from ArcGIS Business Analyst Online.Order atwww.esri.com/bao or 800-292-2224 5/10/2010 Page 5 of 8 Market Profile 4F Site Type. Custom Polygon Polygon_6 Area 370.85 Square miles �2009 Employed Population 16+by Industry A riculturre//yMining 2.4% x •fit .Y.. Manufacturing 4.3% Retail Trade11.2% Information 17% AWI Services 52.5% F000ca*r»t Wration 20�0_9f Employed Population 16+by OccupationzM N White Collar 60.2% UrzgtitlBustiessfiitarial- " Professional 25.6% sates: n ;� 1 . Administrative Support 111% Blue Collar 18.8% arirtirigtl:Qr'ertryl�fshing �, � � Construction/Extraction 7.5% .In�f�titatiuiStMaitl�ei�i5t���}�aft ;�' r.�. � ' �d� �- Production 3.5% ���+�I' 0l1/t1t��1<8Cia1'f171�:,:-tea ;� x +�. �,�•` Y 2000 Workers 16+by Means of Transportation to Work Drove Alone Car Truck or Van 76.5% qIA- Public Transportation0.5% calked W'4 r 3`1 Other Means 14% `�>a*00 at Homo F Z' 2000 Workers 16+by Travel Time to Work 3^t Ltd • Did not Work at Home 941% -P..t Ami'n - iT 7N,17' ` 5 to 9 minutes 125 13.2% 20 to 24 minutes 174% x 35 to 44 minutes f 3.7% 60 to 89 minutes 2.1% 9€)or'iilcixs l7nutss- �a Worked at Home 5.9% 2000 Households by Vehicles Available None 4.3% 2 39.8% 4 5..0�%} Average Number of Vehicles Available 1.9 Source:ESRI forecasts for 2009`U.S.Bureau of the Census 2000 Census of Population and Housing ©2009 ESRI On-demand reports and maps from ArcGIS Business Analyst Online.Order atwww.esri.com/bao or 800-292-2224 5/10/2010 Page 6 of 8 Market Profile Site Type. Custom Polygon Polygon_6 Area.370.85 Square miles 2000 Households by Type Family Househyollds 661% With Related Children 21.8%e With Related Children 9.0% Householder Living Alone 261% Households with Persons 65+ 28.0% 2000 Households by Size to V 1 Person Household 261% u uE'{�t1E"�It. q, eid a, i3'0= e�� m %�• v? e 3 Person Household 151% IMF , .. a x 5 Person Household 51% 7+Person Household 11% 2000 Households by Year Householder Moved In Moved in 1999 to March 2000 19.3% ` � ` � �" ter: �= �•� .-.; . .� -� .;�, � "„;` Moved in 1990 to 1994 16.8% Moved in 1970 to 1979 9.9% Median Year Householder Moved In 1995 2000 Housing Units by Units in Structure ,4> 1,Detached 714% 2 3.4% ,•,d✓ �� +fie �• � � a :' "� a .. .. �� .. >� .�.. 5 to 9 H� 3.0% g 20+ 2.3% Other 0.9% 2000 Housing Units by Year Structure Built .. N . 1999 to March 2000 1.9% —' + 1990 to 1994 6.5% 1970 to 1979 30.8% Median Year Structure Built 1975 Source:U.S.Bureau of the Census,2000 Census of Population and Housing ©2009 ESRI On-demand reports and maps from ArcGIS Business Analyst Online.Order at www.esri.com/bao or 800-292-2224 5/10/2010 Page 7 of 8 Market Profile Site Type. Custom Polygon Polygon_6 Area:370.85 Square miles Top 3 Tapestry Segments 1 Exurbanites 2. Rural Resort Dwellers 3. Silver and Gold 2009 Consumer Spending shows the amount spent on a variety of goods and services by households that reside in the market area. Expenditures are shown by broad budget categories that are not mutually exclusive. Consumer spending does not equal business revenue. nAppy $ gessstal' : '' ` 6,MOM � " Average Spent $1,677 44 Spending Potential Index 67 Average Spent $220.04 Spending Potential Index 96 Educ s`int * WW I? Average Spent $1 19514 Spending Potential Index 95 EtlterYllsKt�� Slptl _. Average Spent $3,211.88 Spending Potential Index 99 ' i ag: . Average Spent $4,383.35 Spending Potential Index 96 Average Spent $3185.36 Spending Potential Index 96 +4�.:� tau ��p" � '�a . tl�'s Y•• $s ..lr� Average Spent $3,813.34 Spending Potential Index 101 Average Spent $1,902.05 Spendin Potential Index 88 Average Spent $1 600.75 {fiSpendi'��ng Potential Indexftmtik �0 di Average Spent $24189.22 Spending Potential Index 94 Average Spent $15190.66 Spending Potential Index 97 Average Spent $1 159.26 Spending Potential Index 95 _ p Average Spent $1,874.31 Spending Potential Index 101 Average Spent $924.31 Spending Potential Index 99 Data Note The Spending Potential Index represents the amount spent in the area relative to a national average of 100 Source.Consumer Spending data are derived from the 2005 and 2006 Consumer Expenditure Surveys,Bureau of Labor Statistics ESRI ©2009 SSRI On-demand reports and maps from ArcGIS Business Analyst Online.Order atwww.esri.com/bao or 800-292-2224 5/10/2010 Page 8 of 8 Ci*ty of A Office of the City Clerk TO- City Council FROM Marcia McClure Torgerson City Clerk/Assistant to the City Manager SUBJECT Additional Information Provided to City Council after Agenda Packet Distribution (Supplement#2) DATE May 11, 2010 Attached is additional information that was provided after the City Council Agenda Packets were distributed. This information pertains to Agenda Item Number C-1 Description PLN 2009-1341 -- CUP for a 10 Scren Movie Theater/ Retail / Restaurant Building, Request to Summarily Vacate a Portion of Atascadero Mall Ave and EI Camino Real -- 6320—6490 EI Camino Real (Hoff/Wysong) City Council Meeting Date May 11, 2010 ri-Ii , 11978 CITY OF ATASCADERO ' COMMUNITY DEVELOPMENT DEPARTMENT Memorandum Date: May 11, 2010 To: City Council F + CC: W McKinney i From: Warren Frace Subject: APCD Comments on La Plaza Mitigated Negative Declaration The City has received the attached letter from the Air Pollution Control District (APCD) requesting new and revised mitigation measures for the La Plaza project. Staff recommends the following mitigation measures be added to the proposed mitigated negative declaration and conditions of approval Mitigation Measure 3.b.1 Dust Control Measures All site grading and demolition plans noted shall list the following regulations a. Reduce the amount of the disturbed area where possible, b Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable)water should be used whenever possible, C. All dirt stock pile areas should be sprayed daily as needed, d. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non- invasive grass seed and watered until vegetation is established• f All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders jute netting, or other methods approved in advance by the APCD, g All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used, h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site, File:T1-09 PLNe1PLN 20031341 Le Plan T..I. NMI PropertyAPCD ii.,y.,y meow to CC.611-10.wd.AM Prml Oele:05/111' 6907 EL CAMINO REAL ■ ATASCADERO,CA 93422 ■ (805)461-5000 ■ FAX 461-7612 A i CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT May 11 2010 Page 2 of 8 i All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114, j Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site, k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads Water sweepers with reclaimed water should be used where feasible, I. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and m The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition Mitigation Measure 3.b.2 Hydrocarbon Contaminated Soil Should hydrocarbon contaminated soil be encountered during construction activities, the APCD must be notified as soon as possible and no later than 48 hours after affected material is discovered to determine if an APCD Permit will be required. In addition the following measures shall be implemented immediately after contaminated soil is discovered. • Covers on storage piles shall be maintained in place at all times in areas not actively involved in soil addition or removal, • Contaminated soil shall be covered with at least six inches of packed uncontaminated soil or other TPH —non-permeable barrier such as plastic tarp No headspace shall be allowed where vapors could accumulate • Covered piles shall be designed in such a way to eliminate erosion due to wind or water No openings in the covers are permitted, • During soil excavation, odors shall not be evident to such a degree as to cause a public nuisance, and, • Clean soil must be segregated from contaminated soil. Mitigation Measure 3.b.3 Naturally Occurring Asbestos MOM Prior to any grading activities at the site the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed If NOA is not present an exemption request must be filed with the District (see Attachment 1) If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM He:APCD summary memo 10 CC.5-11.10.voW P0a1 Date:05/11/109:17 AM CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT May 11 2010 Page 3 of 8 APCD prohibited developmental burning of vegetative material within San Luis Obispo County Mitigation Measure 3.1b.4 Portable Eguipment Portable equipment, 50 horsepower (hp) or greater, used during construction activities will require California statewide portable equipment registration (issued by the California Air Resources Board) or an APCD permit Green House Gases (GHG) The APCD is requesting that an evaluation of the project's GHG emissions be prepared and that feasible mitigation measures be implemented on the project. Due to the APCD's late notice (comments were due prior to the Planning Commission Hearing), and the lack of an adopted regional GHG target, staff is not recommending that a GHG emissions evaluation be required for the project. Furthermore, most of the APCD's recommended GHG mitigation measures for commercial projects have been incorporated into the project including • Infill development pattern • Location is a central Downtown district • Pedestrian oriented and scaled development • Reduced and shared parking facilities • Proximity to transit facilities • Proximity to bike routes • Minimized irrigated landscape areas. Consequently, staff stands by its original analysis and conclusion that the project will have a less than significant impact on regional GHG emissions Attachment: May 3,2010 APCD letter Fite:APCO w—Y memo to CC 5-11-10--f PriN Det.:05111/109:17 AM A i CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT May 11 2010 Page 4 of 8 AIR POLLUTION CONTROL DISTRICT May 3,2010 COUNTY OF SAN:UIS OBISPO Warren Frace Community Development Director City of Atascadero 6907 EI Camino Real Atascadero CA 93422 SUBJECT APCD Comments Regarding Proposed La Plaza Cinema&Retail Project (ER 2010-0001 PLN 2009-1341 CUP 2009-0244) Dear Mr.Frace, Thank you for including the San Luis Obispo County Air Pollution Control District(APCD)in the environmental review process. We have completed our review of the proposed project that would consist of a Conditional Use permit for a 10 screen,1,400 seat movie theatre(33,000 square feet sf), retail space(2,350 so,and sit down restaurant(4,330 sf)on a 1.5-acre site with no on-site parking located between 6320 and 6490 EI Camino Real in Atascadero. The following are APCD comments that are pertinent to this project. GENERAL COMMENTS As a commenting agency in the California Environmental Quality Act(CEQA)review process for a project,the APCD assesses air pollution impacts from both the construction and operational phases of a project,with separate significant thresholds for each. Please address the action items contained in this letter that are higbLghted by bold and underlined text. The APCD issued a CEQA handbook update in December 2009. The mitigation measures Identified in the Mitigated Negative neclaration for this prosect are somewhat out of date so please reference this letter for the applicable mitigation for this Protect. CONSTRUCTION PHASE MITIGATION The APCD staff considered the construction impacts of this development by comparing it against screening models within the APCD's Air Quality Handbook. This indicated that construction phase impacts will not likely exceed the APCD's construction significance threshold values of 137 pounds of ozone precursor emissions per day 7 pounds of diesel particulate matter per day and Tier I and Tier 2 quarterly thresholds for these pollutants and fugitive dust. Therefore,with the exception of the regueremenis below,the APCD is not re Quiring other construction Phase mitigation measures for this Protect. Hydrocarbon Contaminated Soil Should hydrocarbon contaminated soil be encountered during construction activities the APCD must be notified as soon as possible and no later than 48 hours after affected material is discovered to determine if an APCD Permit will be rennired. In addition,the following measures shall bc implemented immediately after contaminated soil is discovered_ • Covers on storage piles shall be maintained in place at all times in areas not actively involved in soil addition or removal; • Contaminated soil shall be covered with at least six inches of packed uncontaminated soil or other TPH—non-permeable barrier such as plastic tarp. No headspace shall be allowed where vapors could accumulate; 3433 Roberro Court San Luis Obtspo,CA 93401 805-781-5912 FAX:80S-7814002 Info@ slocleanairorg 4 www.slocleanaircrg &printed on recycled taper i CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT May 11 2010 Page 5 of 8 APCD Comments Regarding the Proposed La Plaza Cinema/Retail Project(ER 2010-0001) May 3,2010 Page 2 of 5 • Covered piles shall be designed in such away to eliminate erosion due to wind or water To openings in the covers are permitted; • Dunng soil excavation,odors shall not be evident to such a degree as to cause a public nuisance;and, • Clean soil must be segregated from contaminated soil. The notification and permitting determination requirements shall be directed to the APCs Comoliance Division at(805)781-5911. Naturally ,rrine AsbcW The project site is located in a candidate area for Naturally Occurring Asbestos(NOA),which has been identified as a toxic air contaminant by the California Air Resources Board(ARB). Under the ARB Air'1'oxics Control Measure(ATOM)for Construction,Grading,Quarrying,and Surface Mining Operations,prior to any grading activities at the site.the Project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed If NOA is not Present an exemption request must be filed with the District(see Attachment 1) If NOA is found at the site the applicant roust comply with all remairemenls outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD Please refer to the APCD web page at hup//www.slacleannrr.org/business/asbesros.asp for more information or contact the APCD Enforcement Division at(805)781 5912. Developmental Burning Effective February 25 2000,the APCD Prohibited developmental burning of vegetative material whin San Luis Obispo County If you have any questions regarding these requirements,contact the APCD Enforcement Division at(805)781 5912. Demolition Activities The project applicant has already been working with the APCD on proper asbestos removal as part of existing building demolition. The applicant will need to continue working with the APCD on asbestos demolition issues during any additional building/pipeline demolition activities at the site. Please continue coordinating any future demolition activities with the APCD Compliance Division at(805)'781-5912. Dust Control Measures This prosect is near potentially sensitive receptors and shall be conditioned to comply with all applicable Air Pollution Control District regulations pertainine to the ennirol of fugitive dust (PM10)as contained In Section 2.4 of the Air Ouality Handbook. All site P-radine and demolition Plans noted shall list the following regulations: a. Reduce the amount of the disturbed area where possible; b.Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site.increased watering frequency would be required whenever wind speeds exceed 15 mph.Reclaimed(non-potable)water should be used whenever possible; c. All dirt stock pile areas should be sprayed daily as needed; d.Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT May 11 2010 Page 6 of 8 APCD Comments Regarding the Proposed La Plaza Cinema/Retail Project(ER 2010-0001) May 3,2010 Page 3 of 5 e.Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating,non-invasive grass seed and watered until vegetation is established; f All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders,jute netting,or other methods approved in advance by the APCD; g. All roadways,driveways,sidewalks,etc.to be paved should be completed as soon as possible.In addition,building pads should be laid as soon as possible alter grading unless seeding or soil binders are used; h.Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; i. All trucks hauling dirt,sand,soil,or other loose materials are to be covered or should maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer)in accordance with CVC Section 23114, j Install wheel washers where vehicles enter and exit unpaved roads onto streets,or wash off trucks and equipment leaving the site; k.Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; 1. All of these fugitive dust mitigation measures shall be shown on grading and building plans;and m.The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints,reduce visible emissions below 20%opacity and to prevent transport of dust offsite.Their duties shall include holidays and weekend periods when work may not be in progress.The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading,earthwork or demolition. Construction Permit Reguirements Based on the information provided,we are unsure of the types of equipment that may he present during the project's construction phase. Portable equipment,50 horsepower(hp)or greater,used during construction activities will require California statewide portable equipment registration (issued by the California Air Resources Board)or an APCD permit. The following list is provided as a guide to equipment and operations that may have permitting requirements,but should not be viewed as exclusive. For a more detailed listing,refer to page A 5 in the District's CEQA Handbook. • Power screens,conveyors,diesel engines,and/or crushers; • Portable generators and equipment with engines that are 50 hp or greater• • Internal combustion engines; • Concrete batch plants;and • Trommel screens. To minimize potential delays Prior to the start of the vroiecL Dlease contact the APCD Engineering Division at(805)981-5912 for cnecific information regarding permitting requirements. OPERATIONAL PHASE MITIGATION Operational Phase Criteria Air Pollutant Imagts&Mitigation Based on the project description and the limited information about project traffic,the APCD has conducted a preliminary operational phase impact assessment for criteria pollutants.Based on this initial evaluation,the project is may exceed the APCD's operational phase significance threshold of 25 pounds per day for ozone precursors(reactive organic gases and nitrogen oxides). A 11 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT May 11 2010 Page 7 of 8 APCD Comments Regarding the Proposed La Plaza Cinema/Retail Project(ER 2010-0001) May 3,2010 Page 4of5 Should this project move forward,the APCD recommends that the project applicant conduct a thorough evaluation of the air quality impacts and define applicable mitigation. This material will need to be submitted to the APCD for review and approval. Operational Phase Greenhouse Gas Impacts&Mitigation The California's Attorney General has required numerous projects reviewed through CEQA to quantify and implement feasible project level mitigation of greenhouse gas(GHG)emissions. On June 19 2008,the State of California's Governor's Office of Planning and Research(OPR) released a Technical Advisory entitled CEQA AND CLIMATE CHANGE.Addressing Climate Change through California Environmental Quality Act Review The Advisory is available at: www.opr ca.gov/cega/pdfs/juneO8-cega.pdf This document states. Lead agencies should make a good-faith effort,based on available information,to calculate,model,or estimate the amount of CO2 and other GHG emissions from a project,including the emissions associated with vehicular traffic,energy consumption, water usage and construction activities. Regarding the determination of GHG impact significance,the Technical Advisory states: The potential effects of a project may be individually limited but cumulatively considerable. Lead agencies should not dismiss a proposed project's direct and/or indirect climate change impacts without careful available information and analysis should be provided for any project that may significantly contribute new GHG emissions,either individually or cumulatively directly or indirectly(e.g.,transportation impacts). Regarding GHG impact mitigation,the Technical Advisory states. The lead agency must impose all mitigation measures that are necessary to reduce GHG emissions to a less than significant level. CEQA does not require mitigation measures that are infeasible for specific legal,economic,technological or other reasons.A lead agency is not responsible for wholly eliminating all GHG emissions from a project;the CEQA standard is to mitigate to a level that is 'less than significant. The California Air Pollution Control Officer Association(CAPCOA)published a document in January 2008 entitled 'CEQA and Climate Change. The document is available at: www.capcoa.org/CEQA/CAPCOA%20 White%2OPaper.pdf This document provides methods for analyzing GHG both quantitatively and qualitatively and also provides a list of mitigations. This document is supported by both the Office of Planning and Research and the Attorney General's office. Project Specific GHG Comments The Attorney General reauires GHG impact evaluation and the implementation of feasible mitieation at the prolect level, As such,should this project move forward,the applicant will need CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT May 11 2010 Page 8of8 APCD Comments Regarding the Proposed La Plaza Cinema/Retail Project(ER 2010-0001) May 3,2010 Page 5 of 5 to evaluate the project's carbon dioxide(CO2)emissions as well as other GHG sources converted to carbon dioxide equivalents and identify feasible mitigation that the project shall implement. The GHG impact evaluation should include: a. The short term GHG impacts from the construction phase amortized over the life of the project(50 years for residential or residential support facilities and 25 years for commercial or industrial facilities)to provide a mechanism for the project to mitigate these impacts by adding these amortized impacts to the operational phase impacts;and b. The project's operational phase GHG impacts. The feasible GHG mitiUllon measures to implement should be identified from the above identified CAPCOA document or from other Proven enerev efficiency measures In some cases where the available measures are mareinaliv effective.off-site GHG mitigation fees are appropriate, Opgrational Permit Reguiremeri Based on the information provided,we are unsure of the types of equipment that may be present at the site. Operational sources may require APCD permits. The following list is provided as a guide to equipment and operations that may have permitting requirements,but should not be viewed as exclusive. For a more detailed listing,refer to page A-5 in the District's CEQA Handbook. • Portable generators and equipment with engines that are 50 hp or greater; • Electrical generation plants or the use of standby generator; • Dry cleaning; • Public utility facilities; • Boilers; • Internal combustion engines;and • Cogeneration facilities. To minimize Potential delays.Prior tome start of the pro lect,Please contact the APCD FnaineerineDivision at(805)781 5912 for specific information regarding permitting requirements. Again,thank you for the opportunity to comment on this proposal. If you have any questions or comments,feel free to contact me at 781 5912. Sincerel j Andy M Air Quality Specialist AJM/lmg CC' Larry Wysong,Developer Karen Brooks,Compliance Division,APCD Tim Fuhs,Compliance Division,APCD Gary Willey Compliance Division,APCD Attachment: • Naturally Occurring Asbestos—Construction&Grading Project Exemption Request Form, Construction&Grading Project Form A.p4s4q.Wepr1 m:eW000g6DO1160G-IV609.1./ac