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Agenda Packet 081109
ARCHIVE COPY CITY CLERK r FN �11 . r r� r � '9 CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, August 11, 2009 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REGULAR SESSION 6 00 P M PLEDGE OF ALLEGIANCE Council Member Clay ROLL CALL. Mayor Beraud Mayor Pro Tem Fonzi Council Member Clay Council Member Kelley Council Member O'Malley APPROVAL OF AGENDA. Roll Call PRESENTATIONS 1 Employee Service Awards 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 1 t;ur7�ur�t calendar and will be considered in the listed sequence with an for any member of the public to address the Council concerning the r i hafore action is taken DRAFT MINUTES Council meeting draft minutes ave it ted on the Consent Calendar for approval of the minutes Should anyone w:s ; to request an amendment to draft minutes, the item will be removed from Vi(; Consent Calendar and their suggestion will be considered by the City rcuncil If anyone desires to express their opinion concerning issues included in d ata minutes, they should share their opinion during the Community Forum portion of the meeting ) City Council Meeting Draft Minutes —June 16, 2009 Recommendation. Council approve the Special Joint Meeting Draft Minutes of June 16, 2009 [City Clerk] 2. City Council Meeting Draft Minutes — June 23, 2009 C1 Recommendation. Council approve the City Council Draft Minutes of June 23, 2009 [City Clerk] 'i May 2009 Accounts Payable and Payroll Fiscal Impact: 2,005,336 58 zi Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for May 2009 [Administrative Services] 4 Repeal Atascadero Campaign Ordinance Fq Fiscal Impact: The fiscal impact of the adoption of this Ordinance will eliminate cost of implementation of the Atascadero Campaign Ordinance which would include processing of Declaration of Candidacy Statements, calculation of expenditure limit for each election, public noticing requirements, press releases, postings on the website and processing of additional Late Contribution Reports lu Recommendation. Council adopt on second reading by title only the Draft Ordinance amending the Atascadero Municipal Code by repealing Chapter 19 to Title 2, repealing an ordinance to be known as "Atascadero Campaign Ordinance " [City Attorney] 5 Proposed Revision to the Atascadero Municipal Code Prohibiting Smoking in the Charles Paddock Zoo and in the City's Outdoor Recreation Areas and Parks Fiscal Impact: It is estimated that the costs of new signage will be $500 The Tobacco Control Program has offered to pay for the costs of the signs Since current State laws prohibiting smoking near children's playgrounds and public building entrances have generated no additional law enforcement costs, it is anticipated that the proposed new laws should not result in any new ongoing costs for the Police Department. Similar laws in other jurisdictions have been reported to be largely self- enforcing ® Recommendation. Council adopt on second reading, by title only, the i Draft Ordinance amending Title 10, Parks and Recreation, adding Section 10-1 34 Prohibiting Smoking in the Charles Paddock Zoo, City 2 owned Outdoor Recreation Areas, and Public Parks except- for ceremonial or religious purposes, and except for paved parking lots [Community Services] 6 Alcoholic Beverage Control License for Beer and Wine Bar - PLN 2009- 1336/ABC 2009-0006 - 6155 EI Camino Real (Flagg/Buletti) ■ Description. Request to allow an Alcoholic Beverage Control license for the on-site sale of beer and wine at a new beer and wine bar in the downtown ■ Fiscal Impact: None ■ Recommendation. Council adopt Draft Resolution A finding that public convenience or necessity would be served by allowing the issuance of a Type 42 ABC license for the on-site sale of beer and wine for a new beer and wine bar at 6155 EI Camino Real [Community Development] 7 Atascadero Creek Reservations No. 2, 3 (bow tie) & 5 - Acceptance of Interagency Transfer Agreement which includes Quitclaim Deeds and Acceptance of Assignment and Assumption of Lease for Creek Reservation #2 ■ Description. Atascadero Creek Reservation No 2 is the portion of Atascadero Creek from the Lewis Avenue Bridge to the Capistrano Bridge, No 3 (bowtie) is a small portion of Atascadero Creek south of the Lewis Avenue Bridge, and No 5 is the portion of Atascadero adjacent to the Atascadero High School The Atascadero Unified School District currently owns this property and the Atascadero Historical Society holds a lease on Creek Reservation No 2 ■ Fiscal Impact: There are no direct fiscal impacts resulting from the acceptance of these Creek Reservations There may be future fiscal impacts associated with the acquisition, including, but not limited to 1 Legal costs and damages arising out of future injuries and claims 2 Maintenance and care of the vegetation in the riparian area ■ Recommendations. Council adopt the Draft Resolution, thereby authorizing the City Manager to execute the Interagency Transfer Agreement, thereby- 1 Accepting interest in the real property conveyed by the Quitclaim Deeds from the Board of Trustees of the Atascadero Unified School District for Atascadero Creek Reservations No 2, 3 (bow tie) and 5, and, 2 Accepting Assignment and Assumption of the Atascadero Historical Society Lease to the City for Atascadero Creek Reservation No 2. [City Manager] 8. Temporary Road Closure — Lakeview Drive ■ Fiscal Impact: None ■ Recommendation. Council adopt Draft Resolution approving a request by Michael Frederick Paving Corporation for a construction road closure, for 10 working days between August 19th and September 18th, for a water main extension project on Lakeview Drive and establishing a temporary tow-away zone during the hours of closure [Public Works] 3 JPI,31JES FROM THE CITY MANAGER (The City Manager will give an oral report on any current issues of concern to the City Council ) COrV1NI1JNliT'Y 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 PLN 2099-0997 - Zone Text Change 2003-0058 Amendment - Amendment to PD-23 Standards to Allow Indoor Recreation and Amusement Services (West Front Village, LLC Ex Parte Communications. Description. Proposed PD-23 Zone Text Change to allow indoor recreation services and amusement services in the business park portion of PD-23 with specific parking requirements ■ Fiscal Impact: The project will have a minor positive fiscal impact to the City of Atascadero The proposed zone change will add an additional allowable commercial use and likely encourage a new business in town and the construction of a new building. Sales tax revenues are expected °r• to be minor, however, the construction of new commercial buildings will generate permit and capital impact fees ■ Recommendation Planning Commission Recommends Council Introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2003-0058 Amendment (PLN 2099-0997) amending the Planned Development 23 Overlay District Text to add indoor recreation services and amusement services to the allowed uses in the business park portion of PD-23 with special parking requirements, based on findings [Community Development] 2. Atascadero Transit Fixed Route Fare Increase ■ Ex Parte Communications. ■ Description. Council requested to adopt Resolution establishing fare increase ■ Fiscal Impact: Transit services are funded through a combination of Federal and State transportation funding and the fare revenue collected from passengers It is estimated that, at the current level of ridership, the recommended fare increase will generate an additional $8,000 per year in fare box revenue ■ Recommendation. Council adopt Draft Resolution establishing a fare increase for the Atascadero Transit Fixed Route service in the amount of $ 0.25 in the General Public fare and $ 0 10 in the Discount fare for the elderly and persons with disabilities, effective September 1, 2009 [Public Works] 4 3. Confirming the Cost of Vegetative Growth and/or Refuse Abatement Ex Parte Communications. ■ Fiscal Impact: The City will receive $100,828 76 from the 2009/2010 property tax rolls in weed abatement/ refuse abatement assessments ■ Recommendation. Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire] C MANAGEMENT REPORTS 1 Budget Amendment and Update ■ Fiscal Impact: The proposed budget reallocation will move $321 ,000 in expenditures from the Gas Tax Fund to the Local Transportation Fund ■ Recommendation. Council adopt Draft Resolution to amend the 2008- 2009 fiscal year budget. [Administrative Services] 2. Zoo Entrance and Restroom Project— City Bid No 2009-010 ■ Fiscal Impact: The table showing the fiscal impact will be updated prior to the August 11, 2009 City Council Meeting based on the bid results ■ Recommendation. Council authorize the City Manager to execute a contract with the lowest responsible bidder in the amounts to be determined at the bid opening on August 7, 2009 for construction of the new Zoo entrance and restroom facilities. [Public Works] '�lrr COUNCIL ANNOUNCEMENTS AND REPORTS (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D COMMITTEE REPORTS (The following represent standing committees Informative status reports will be given, as felt necessary) Mayor Beraud 1 City/ Schools Committee 2 County Mayors Round Table 3 Finance Committee 4 Homeless Services Governing Board 5 Integrated Waste Management Authority (IWMA) Mayor Pro Tem Fonzi 1 Air Pollution Control District 2 Finance Committee *AW Council Member Clay 1 City/ Schools Committee 5 (`,oi Incil Member Kelley 1 firiascadero State Hospital Advisory Committee i_ Atascadero Youth Task Force Council Member O'Malley 1 Economic Vitality Corporation, Board of Directors (EVC) 2 League of California Cities — Council Liaison and CITIPAC Board Member 3 SLO Council of Governments, Vice President (SLOCOG) 4 SLO Regional Transit Authority, Vice President (SLORTA) 3 Central Coast Regional Water Quality Control Board, Member (RWQCB) E�. IN:,)1VIDUAL DETERMINATION AND/ OR ACTION 1 City Council 2 City Clerk 3 Pity Treasurer City Attorney J City Manager a. Planning Commission Request to form a Sub-Committee to Review the Sign Ordinance ■ Recommendation. Council table the request of the Planning Commission to form a sub-committee to review the Sign Ordinance b Commission Attendance Reports F ADJOURNMENT Piaaise 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. ', Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the August 11, 2009 Regular Session of the Atascadero City Council was posted on August 4,2009 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location Signed this 4th day of August, 2009, at Atascadero, California. 'ictoria Randall, Deputy City Clerk City of Atascadero 6 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING 'he City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m unless there is a `4w 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. err 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 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 brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be `ieard by the Council err' 7 .r+ ITEM NUMBER A- 1 DATE 08/11/09 Special Joint Meeting City Council Planning Commission WORKSHOP ON 2009 HOUSING ELEMENT UPDATE TUESDAY, JUNE 169 2009 - 7.00 p.m DRAFT MINUTES Mayor Pro Tem Fonzi called the meeting to order at 7 05 p m and Council Member Clay led the Pledge of Allegiance ROLL CALL. Present: Council Members Clay, Kelley and Mayor Pro Tem Fonzi Planning Commissioners Schmidt, Colamarino, Sturtevant, Ward, Bentz, Vice Chairperson Moreno, and Chairperson Jack Absent: Mayor Beraud and Council Member O'Malley Staff Present: Community Development Director Warren Frace and Senior Planner Kelly Gleason Others Present: Annette Manier, Administrative Assistant INTRODUCTIONS Community Development Director Warren Frace explained the format for this meeting and introduced the meeting Facilitator, Lisa Wise CC/PC Draft Minutes 06/16/09 Page 1 of 2 9 ITEM NUMBER A- 1 DATE 08/11/09 itis Wise gave a presentation and she and Community Development Director Warren Frace answered questions of the Council and Commission PUBLIC COMMENT Mike Jackson, Real Estate Broker from Atascadero, spoke about a project he was involved in on EI Corte He was not satisfied how things went with staff and stated there was no continuity with the Planning Commission He wants to know what has changed so that we can have affordable units He said the City has a lot of projects that are sitting idle and investors want to know the value of the lots The market isn't good for building The City has an opportunity to step up and offer incentives Chuck Treatch, JRW Group, owner of a 40-unit mixed use project on El Camino Real, did a project and said it has been very hard to do affordable housing utilizing credits. It has also been very difficult to get financing because the City does not have a Housing Element in place He would encourage the City to move forward Holland Brown, Atascadero resident, said all fees are too costly He doesn't think you can build a 2nd unit for$300,000, the value of a moderate income house Ron Beriman, Atascadero resident, talked about 2nd units and said there are a lot of people that would like to build 2nd units, but the fees are too high He would like the City to find a way to accommodate people so the fees are more affordable Mayor Pro Tem Fonzi closed the Public Comment period. City Council Members, Planning Commissioners, and staff had more discussion and addressed comments about the public comment portion of the meeting ADJOURNMENT Mayor Pro Tem Fonzi adjourned the meeting at 8:53 p.m. MINUTES PREPARED BY Annette Manier, Administrative Assistant CC/PC Draft Minutes 06/16/09 Page 2 of 2 10 ITEM NUMBER A-2 DATE 08/11/09 1979 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, June 23, 2009 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 CLOSED SESSION: 5.00 P.M. Mayor Beraud announced that the Council was going into Closed Session 1 PUBLIC COMMENT—CLOSED SESSION None 2. CALL TO ORDER a. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956 9 (One case) 3. ADJOURN CLOSED SESSION REPORT CC Draft Minutes 6/23/09 Page 1 of 10 11 ITEM NUMBER A- 2 DATE 08/11/09 -;t-,,.orney Brian Pierik announced that there was no reportable action taken RE L ILAR SESSION 6.00 P M. Mayor Beraud called the meeting to order at 6 03 p m and led the Pledge of Allegiance ROLL CALL. Present: Council Members O'Malley, Kelley, Fonzi and Mayor Beraud Absent: Council Member Clay 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, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA. MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Kelley to approve the agenda. Motion passed 4.0 by a roll-call vote. PRESENTATIONS 1 Presentation of Resolution by Assemblyman Sam Blakeslee's Office Commending City of Atascadero for Efforts to Generate Economic Activity by Creating Economic Stimulus Plan Debbie Arnold, representing Sam Blakeslee, presented the City Council with a Resolution commending Atascadero for its efforts to generate economic activity A. CONSENT CALENDAR: 1 City Council Special Meeting Draft Minutes — May 26, 2009 ■ Recommendation. Council approve the City Council Special Meeting Draft Minutes of May 26, 2009 [City Clerk] 2. City Council Meeting Draft Minutes — May 26, 2009 ■ Recommendation. Council approve the City Council Meeting Draft Minutes of May 26, 2009 [City Clerk] CC Draft Minutes 6/23/09 Page 2 of 10 12 ITEM NUMBER A-2 DATE 08/11/09 3. January 2009 Accounts Payable and Payroll ■ Fiscal Impact: $2,068,264 62 fir►° ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for January 2009 [Administrative Services] 4 February 2009 Accounts Payable and Payroll ■ Fiscal Impact: $2,183,125 87 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for February 2009 [Administrative Services] 5 March 2009 Accounts Payable and Payroll ■ Fiscal Impact: $1,681,602 64 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for March 2009 [Administrative Services] 6 April 2009 Accounts Payable and Payroll ■ Fiscal Impact: $2,311,484 17 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for April 2009 [Administrative Services] 7 PLN 2009-1325 — Zone change for Stadium Park Accessway (City of Atascadero) " ■ Fiscal Impact: None ■ Recommendation. Council adopt on second reading, by title only, Draft Ordinance A amending the zoning designation of a portion of APN 029- 105-028 from RSF-Y (Residential Single-Family—Y) to L (Recreation) [Community Development Department] 8. Temporary Road Closure— Hot EI Camino Cruise Nite 2009 ■ Fiscal Impact: No net fiscal impact. The cost of putting on the event is approximately $13,750 in budgeted funds and it is anticipated that these costs will be fully recovered through budgeted sponsorships and entry fees ■ Recommendation. Council approve the Draft Resolution authorizing the closure of EI Camino Real, from Curbaril Ave to Traffic Way, Palma Avenue from West Mall to Traffic Way, and Traffic Way from Lewis Avenue to EI Camino Real on Friday, August 21, 2009 from 5 00 p m - 8 30 p.m Additionally we recommend the closure of East Mall from EI Camino Real to Lewis Avenue and Palma Avenue between East Mall and West Mall from 1 00 p m — 10 00 p m [Community Services] CC Draft Minutes 6/23/09 Page 3 of 10 13 ITEM NUMBER. A-2 DATE 08/11/09 9 Temporary Road Closure — Lakeview Drive ■ Fiscal Impact: None ■ Recommendation Council adopt the Draft Resolution establishing a temporary construction road closure and tow-away zone on Lakeview Drive for a water main extension project from July 1-15, 2009 between the hours of 7.00 a.m and 5 00 p m [Public Works] MOTION By Mayor Pro Tem Fonzi and seconded by Council Member Kelley to approve the Consent Calendar (#7 Ordinance #5411, #8 Resolution No. 2009-068, #9 Resolution No. 2009-070) Motion passed 4.0 by a roll-call vote. UPDATES FROM THE CITY MANAGER City Manager Wade McKinney updated the City Council concerning the Emergency Management Institute Grant that the Fire Department and the City has received : 300,000 00 has been designated to a national training on our behalf Representatives from the Institute have already been in Atascadero, surveying the City and our existing emergency plans and equipment. They were very impressed with the progress that we have already made with respect to emergency planning This is a unique opportunity; only twelve cities are given this opportunity annually Our training will be in November, the week after Thanksgiving, in Emmitsville, Maryland We are able to take approximately 55-75 regional people, including City staff, School District, Paso Robles, -moo, Templeton & San Miguel, CalTrans, CHP, and Water Company, who will participate in the emergency training with us We would like to take two Council Members with us COMMUNITY FORUM Robert Campbell, member of the Atascadero Ministerial Association, led those present in prayer Ann Ketcherside shared her concern with the meth labs that are appearing in Atascadero She also asked everyone to pray for her son who is ill Barbie Butz thanked the Council for the improvements at Alvord Field and the recognition of Marge Mackey Jim Shannon also thanked the Council for the improvements at Alvord Field and also the road improvements being done this summer Lee Perkins said that the consultant who will work on WalMart must consider global warming She urged the Council to require community input before the Joint Council and Planning Commission meeting planned for August. CC Draft Minutes WNW Page 4 of 10 14 ITEM NUMBER A- 2 DATE. 08/11/09 Mike Latner asked the Council to schedule a public workshop for input on the environmental review for WalMart Ron Walters urged the Council to continue to move the WalMart project forward and not let the 30% minority delay the progress being made Ray Weymann stated that he does not want to delay the WalMart project, but feels that it is possible to make some suggestions and improvements that will not delay the project but will add to the value of the store Tom Comar encouraged the Council to allow public input on the WalMart project. He stated that he knows the public is invited to the August Joint Meeting, but that he feels the public needs to have an input meeting before the August meeting Mayor Beraud closed the COMMUNITY FORUM period. Community Development Director Warren Frace explained that the EIR consultant will hold a public meeting/open house before the Joint August meeting There was Council consensus to direct staff to bring back this issue at the next meeting for Council to consider calling a special meeting for additional public input on WalMart. B PUBLIC HEARINGS 1 Business Stimulus Program and Confirmation of Annual Assessment for the Downtown Parking & Business Improvement Area ■ Ex Parte Communications ■ Fiscal Impact: The aforementioned programs will require investment of approximately $1 1 million Funds for some of these programs have been included in the Redevelopment Agency budget. Additional appropriations may be needed ■ Recommendations. Council 1 Approve the Business Stimulus Program, and 2 Adopt the Draft Resolution confirming the annual assessment for the Downtown Parking & Business Improvement Area (Fiscal Year 2009- 2010) at $0 00 [City Manager/ Office of Economic Development] Assistant City Manager Jim Lewis announced that Staff Recommendation #2 is being continued as the Resolution declaring the intent of the City to levy an assessment was not posted in time, this portion of the report will be continued to the next City Council meeting. CC Draft Minutes 6/23/09 Page 5 of 10 15 ITEM NUMBER A- 2 DATE. 08/11/09 ff vis introduced the officers of the Office of Economic Development (OED) Jim Lewis, President (Assistant City Manager) Warren Frace, Vice President (Community Development Director) Ken Forman, Officer (Chief Building Official) Bridgett Burns, Officer (Administrative Support Specialist) Kelley Gleason, Officer (Senior Planner) David Athey, Officer (Deputy Public Works Director) Jeri Rangel, Officer (Deputy Administrative Services Director) David Muelheusen, Officer (Senior Building Inspector) Audrey Banks (Recreation Coordinator) Mr Lewis and the other members of the OED gave the staff report and answered questions from the Council PUBLIC COMMENT David Bentz stated the staff report doesn't make it clear to the public what progress has been made so far He stated that this program seems too small and is not enough incentive Mr Bentz suggested the Council expand the program Lee Perkins applauded staff on this program 1,44yor Beraud closed the Public Comment period MOTION By Council Member O'Malley and seconded by Council Member Kelley to approve the Business Stimulus Program. Motion passed 4.0 by a roll-call vote. 2. Proposed Revision to the Atascadero Municipal Code Prohibiting Smoking in the Charles Paddock Zoo and in Designated Spectator Areas in the City's Outdoor Recreation Areas and Parks ■ Ex Parte Communications ■ Fiscal Impact: In consulting with other communities, it is suggested that signage is the most successful method for changing parks over to smoke- free areas It is estimated that the costs of new signage will be $500 Since current State laws prohibiting smoking near children's playgrounds and public building entrances have generated no additional law enforcement costs, it is anticipated that the proposed new laws should not result in any new on-going costs for the Police Department. Similar laws in other jurisdictions have been reported to be largely self-enforcing ■ Recommendation The Parks and Recreation Commission recommends Council introduce for first reading, by title only, the Draft Ordinance amending Title 10, Parks and Recreation, adding Section 10-1.34 Prohibiting Smoking in the Charles Paddock Zoo and various locations within the City's public parks [Community Services) -400 CC Draft Minutes 6/23/09 Page 6 of 10 16 ITEM NUMBER A-2 DATE 08/11/09 Community Services Director Brady Cherry gave the staff report and answered questions from the Council PUBLIC COMMENT Wayne Hanson, Tobacco Control Coalition, recommended the Council ban smoking in City parks Mike Latner stated that tobacco litter is a major problem in cities and the Council will begin to address this issue by banning smoking in public parks Tom Comar stated that he would like to see a smoking ban throughout the City He urged the Council to ban smoking in all public areas, at least on all City properties Clint Slaughter, ECOSLO Board Member, urged the Council to ban smoking in all public areas Chris Lefevre, County Public Health Department, explained the timeline this issue has followed within the County She also shared several statistics concerning smoking Ms Lefevre stated that the County Tobacco Control Program will pay the $500 for the signage needed in Atascadero Laura Slaughter, Tobacco Control Coalition, turned in a FEMA handout concerning outdoor fires, and how they are started (Exhibit A) rw Ann Tognazzini stated her daughter, who attends Atascadero High School, is offended by the use of tobacco by her peers She urged the Council to completely ban smoking in all public areas Angie Silva, emergency room nurse, urged the Council to adopt a ban on smoking in all public areas Pete Steerdom, member of the Tobacco Control Coalition, suggested the Council adopt a complete tobacco ban within the City Al Fonzi suggested that smokers have rights too He urged the Council to consider their rights too and be reasonable in their decision on this issue Mayor Beraud closed the Public Comment period. MOTION By Council Member O'Malley and seconded by Council Member Kelley to introduce for first reading, by title only, the Draft Ordinance amending Title 10, Parks and Recreation, adding Section 10-1 34 Prohibiting Smoking in the Charles Paddock Zoo and various locations within the City's public parks, with amendments to impose a ban on smoking and the use of tobacco products in all City parks, except in parking areas CC Draft Minutes 6/23/09 Page 7 of 10 17 ITEM NUMBER A- 2 DATE 08/11/09 Attorney Brian Pierik explained that because this is an Ordinance, he would need some time to amend the Ordinance before the Council votes on the language Mayor Beraud recessed the meeting at 8:20 p.m. Mayor Beraud reconvened the meeting at 8.30 p.m. City Attorney Brian Pierik read into the record the amendments to the proposed Ordinance MOTION By Council Member O'Malley and seconded by Council Member Kelley to introduce for first reading, by title only, the Draft Ordinance amending Title 10, Parks and Recreation, adding Section 10-1.34 Prohibiting Smoking in the Charles Paddock Zoo, and various locations within the City's public parks, with the following amendments 1 To impose a ban on smoking and the use of tobacco products in all City Recreation Areas including the adjacent sidewalks, except in paved parking areas. 2. To accept the offer of $500 from the County Tobacco Control Program for signage. Motion passed 4.0 by a roll-call vote. C MANAGEMENT REPORTS low 1 Building Permit Processing Update— New Programs and Procedures ■ Fiscal Impact: All of the proposed changes can be accomplished with existing staff The changes are anticipated to be revenue neutral in the short term In the long term, the changes should encourage new development and permit application submittals and generate a positive economic impact on the City ■ Recommendation. City Council receive and file this report. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council PUBLIC COMMENT None There was Council consensus to receive and file this report. 2. First Amendment to Animal Services Contract ■ Fiscal Impact: The cost for the three-month extension ($49,860 00) is included in the proposed 2009-10 budget, as are the contract costs being proposed by the County through the 2009/2011 budget period CC Draft Minutes 6/23/09 Page 8 of 10 18 ITEM NUMBER A 2 DATE 08/11/09 ■ Recommendation Council authorize the City Manager to execute a First Amendment to the Animal Services Contract with the County of San Luis Obispo in the amount of $49,860 00 for the provision of Animal Control Services from July 1, 2009 to September 30 2009 [Police] Police Chief Jim Mulhall gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Mayor Beraud and seconded by Mayor Pro Tem Fonzi to authorize the City Manager to execute a First Amendment to the Animal Services Contract with the County of San Luis Obispo in the amount of $49,860 00 for the provision of Animal Control Services from July 1, 2009 to September 30, 2009 Motion passed 4.0 by a roll-call vote. 3. Authorization for the City Attorney to Cooperate in Litigation Challenging the Constitutionality of any Seizure by the State of Street Maintenance Funds ■ Fiscal Impact: A seizure by State government of the City's street maintenance funds would have the potential negative impact to the City budget of $495,000 in 2009-10 and $371,000 in 2010-1 ■ Recommendation. Council approve the Draft Resolution authorizing the City Attorney to cooperate with the League of California Cities, other cities, *r► and counties in litigation challenging the constitutionality of any seizure by State government of the City's street maintenance funds [City Manager] City Manager Wade McKinney gave the staff report and answered questions from the Council PUBLIC COMMENT None Mayor Beraud closed the Public Comment period. MOTION By Council Member O'Malley and seconded by Mayor Pro Tem Fonzi to approve the Draft Resolution authorizing the City Attorney to cooperate with the League of California Cities, other cities, and counties in litigation challenging the constitutionality of any seizure by State government of the City's street maintenance funds. (Resolution No. 2009-069) Motion passed 4.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS None CC Draft Minutes 6/23/09 Page 9 of 10 19 ITEM NUMBER A-2 DATE 08/11/09 1) COMMITTEE REPORTS Mayor Beraud County Mayors Round Table — They talked about the State Budget again and their support for the Constitution Convention E. INDIVIDUAL DETERMINATION AND /OR ACTION City Manager July 17-18 are the dates for the Constitution Convention Council Member Kelley seems to be the only Council Member that does not have scheduling conflicts at that time The League would like cities to delegate a representative There was Council consensus to appoint Council Member Bob Kelley as Atascadero's delegate. F ADJOURNMENT Mayor Beraud adjourned the meeting at 9 07 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk/Assistant to the City Manager The following exhibit is available for review in the City Clerk's office. Exhibit A—FEMA handout on Outdoor Fires CC Draft Minutes 6/23/09 Page 10 of 10 20 ITEM NUMBER A- 3 ' DATE 08/11/09 isia is Atascadero City Council Staff Report - Administrative Services Department May 2009 Accounts Payable and Payroll RECOMMENDATION Council approve certified City accounts payable, payroll and payroll vendor checks for May 2009 DISCUSSION Attached for City Council review and approval are the following Payroll Dated 05/13/09 Checks#26872 - 26910 $ 26,161 12 Direct Deposits 262,722 16 Dated 05/27/09 Checks#26911 - 26950 32,241 -19 Direct Deposits 256,627.25 Accounts Payable Dated 05/01/09-05/31/09 Checks# 120280 - 120633 & EFTs 732 - 737 1,427,584 86 TOTAL AMOUNT $ 2,005,336 58 FISCAL IMPACT Total expenditures for all funds is $ 2,005,336 58 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands Rachelle Rickard, Director of Administrative Services ATTACHMENT May 2009 Eden Warrant Register in the amount of $ 1,427,584 86 21 City of Atascadero Disbursement Listing For the Month of May 2009 Check Check Number Date Vendor Description Amount 120280 05/01/2009 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 66500 120281 05/01/2009 FRANCHISE TAX BOARD Payroll Vendor Payment 38.90 120282 05/01/2009 FRANCHISE TAX BOARD Accounts Payable Check 11 10 120283 05/01/2009 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,10876 120284 05/01/2009 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 401.98 120285 05/01/2009 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP payroll Vendor Payment 92,880 78 120286 05/01/2009 SEIU LOCAL 620 Payroll Vendor Payment 94601 120287 05/01/2009 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 31161 120288 05/01/2009 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,518.89 120289 05/04/2009 MARY PULSIFER Accounts Payable Check 2,60000 732 05/05/2009 RABOBANK,N.A. Payroll Vendor Payment 45,066.51 733 05/05/2009 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 11,562.91 734 05/05/2009 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 1,460.31 120290 05/08/2009 A&T ARBORISTS, INC. Accounts Payable Check 15000 120291 05/08/2009 ACTION TOWING&RECOVERY,LLC Accounts Payable Check 24700 120292 05/08/2009 ACTIVE MEDICAL&SAFETY Accounts Payable Check 14441 120293 05/08/2009 ADPRO Accounts Payable Check 14 631.58 120294 05108/2009 AED PERFECTION Accounts Payable Check 14,993 66 120295 05/08/2009 AGP VIDEO INC. Accounts Payable Check 5,36000 120296 05/08/2009 AHERN RENTALS Accounts Payable Check 985.51 120297 05/08/2009 AIRFLOW FILTER SERVICE,INC Accounts Payable Check 71.32 120298 05/08/2009 ALL PLUMBING Accounts Payable Check 1,598.04 120299 05/08/2009 ALLSTAR FIRE EQUIPMENT INC. Accounts Payable Check 568.96 120300 05/08/2009 ALTHOUSE&MEADE,INC. Accounts Payable Check 75000 120301 05/08/2009 AMERICAN MARBORG Accounts Payable Check 365.29 120302 05/08/2009 API,ATLAS PERFORMANCE INDUST Accounts Payable Check 205.00 120303 05/08/2009 APPLIED DEVELOPMENT ECONOMICS Accounts Payable Check 1,037.35 120304 05/08/2009 AQUAMARK POOL CARE Accounts Payable Check 44570 120305 05/08/2009 ARAMARK UNIFORM SERVICES Accounts Payable Check 1 13079 120306 05/08/2009 AT&T Accounts Payable Check 1,239.29 120308 05/08/2009 AT&T Accounts Payable Check 754.94 120309 05/08/2009 ATASCADERO GLASS,INC. Accounts Payable Check 1,412.00 120310 05/08/2009 ATASCADERO MUTUAL WATER CO Accounts Payable Check 7,986.55 120311 05/08/2009 ATASCADERO NEWS Accounts Payable Check 32775 120312 05/08/2009 ATASCADERO POLICE ASSOC Accounts Payable Check 96.00 120313 05/0812009 ATASCADERO POLICE ASSOC. Accounts Payable Check 252.00 120314 05/08/2009 ATASCADERO RADIATOR Accounts Payable Check 175.16 120315 05/08/2009 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 2,78750 120316 05/08/2009 AVAYA INC. Accounts Payable Check 45.05 22 City of Atascadero Disbursement Listing For the Month of May 2009 Check Check Number Date Vendor Description Amount 120317 05/08/2009 ELLEN BERAUD Accounts Payable Check 49555 120318 05/08/2009 BFGC ARCHITECTS PLANNERS INC Accounts Payable Check 9.99 120319 05/08/2009 JUSTIN BLACK Accounts Payable Check 93.50 120320 05/08/2009 REX L BOLLER Accounts Payable Check 9000 120321 05/08/2009 BURKE WILLIAMS,&SORENSON LLP Accounts Payable Check 20,220.27 120322 05/08/2009 BURTON'S FIRE, INC Accounts Payable Check 9 475 16 120323 05/08/2009 BUTLER BUSINESS MACHINES Accounts Payable Check 35954 120324 05/08/2009 CALIFORNIA CODE CHECK Accounts Payable Check 80000 120325 05/08/2009 KEVIN CAMPION Accounts Payable Check 1,95000 120326 05/08/2009 CANNON ASSOCIATES Accounts Payable Check 7,085.84 120327 05/08/2009 CENTRAL COAST HEALTHCARE,APMC Accounts Payable Check 19000 120328 05/08/2009 CHEVRON&TEXACO BUS,CARD SVC Accounts Payable Check 2,717.53 120329 05/08/2009 KATHY J CINOWALT Accounts Payable Check 182.00 120330 05/08/2009 CITY OF ATASCADERO Accounts Payable Check 9950 120331 05/08/2009 CJP PRODUCTIONS, INC Accounts Payable Check 1,17733 120332 05/08/2009 COAST ELECTRONICS Accounts Payable Check 1,211.32 120333 05/08/2009 COASTAL COPY LP Accounts Payable Check 11414 120334 05/08/2009 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 740.02 120335 05/08/2009 CREEK ENVIRONMENTAL LAB, INC Accounts Payable Check 13000 120336 05/08/2009 CROP PRODUCTION SERVICES Accounts Payable Check 1,06650 120337 05/08/2009 CRYSTAL SPRINGS WATER Accounts Payable Check 13740 120338 05/08/2009 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 8000 120339 05/08/2009 D4 ELECTRIC Accounts Payable Check 1,18869 120340 05/08/2009 DAVEY RESOURCE GROUP Accounts Payable Check 712.50 120341 05/08/2009 DAN A. DAVIS Accounts Payable Check 136.50 120342 05/08/2009 DHILLON MANAGEMENT SERVICES Accounts Payable Check 2,00000 120343 05/08/2009 DISH NETWORK Accounts Payable Check 86.33 120344 05/08/2009 DOGGIE WALK BAGS COMPANY Accounts Payable Check 270.63 120345 05/08/2009 EWING IRRIGATION GOLF INDUSTRL Accounts Payable Check 51440 120346 05/08/2009 FENCE FACTORY ATASCADERO Accounts Payable Check 111.22 120347 05/08/2009 FIRST AMERICAN CORELOGIC INC Accounts Payable Check 100.00 120348 05/08/2009 FIRST AMERICAN TITLE CO Accounts Payable Check 20000 120349 05/08/2009 FIRSTLINE GLOVES,INC Accounts Payable Check 154.36 120350 05/08/2009 FITNESS APPRAISAL, INC Accounts Payable Check 3,92000 120351 05/08/2009 WARREN FRACE Accounts Payable Check 68.00 120352 05/08/2009 FREITAS PLUS FREITAS Accounts Payable Check 3,947.85 120353 05/08/2009 GAS COMPANY Accounts Payable Check 1,35811 120354 05/08/2009 GEM AUTO PARTS Accounts Payable Check 25442 120355 05/08/2009 GILBERT'S LANDSCAPES Accounts Payable Check 3,83305 120356 05/08/2009 KENNETH J GLYNN Accounts Payable Check 273.00 120357 05/08/2009 GOLDFARB&LIPMAN LLP Accounts Payable Check 432.00 23 City of Atascadero Disbursement Listing For the Month of May 2009 Check Check Number Date Vendor Description Amount 120358 05/08/2009 GREEN WITH ENVY LANDSCAPING Accounts Payable Check 4,852.00 120359 05/08/2009 GREENSCAPE AERATION CO Accounts Payable Check 42500 120360 05/08/2009 GRISANTI HARDWARE Accounts Payable Check 19949 120361 05/08/2009 HART IMPRESSIONS PRINT& COPY Accounts Payable Check 231 63 120362 05/08/2009 HASTY AWARDS Accounts Payable Check 38669 120363 05/08/2009 INTOXIMETERS Accounts Payable Check 93.25 120364 05/08/2009 JIFFY LUBE/SOUND BILLING Accounts Payable Check 78.13 120365 05/08/2009 JK'S DIESEL UNLIMITED Accounts Payable Check 1,40000 120366 05/08/2009 JOEL SWITZER DIESEL REPAIR,INC Accounts Payable Check 2,085.06 120367 05/08/2009 KPRL 1230 AM Accounts Payable Check 32000 120368 05/08/2009 L.N.CURTIS&SONS Accounts Payable Check 62969 120369 05/08/2009 LEE WILSON ELECTRIC CO INC Accounts Payable Check 2,52460 120370 05/08/2009 LIFE ASSIST INC. Accounts Payable Check 12055 120371 05/08/2009 MAINLINE UTILITY CO Accounts Payable Check 1 500.00 120372 05/08/2009 MARTINELLI LANDSCAPE CONST INC Accounts Payable Check 845.00 120373 05/08/2009 BECKY MAXWELL Accounts Payable Check 95.70 120374 05/08/2009 MICHAEL'S WINDOW CLEANING Accounts Payable Check 55.00 120375 05/08/2009 MID-COAST GEOTECHNICAL, INC Accounts Payable Check 4 170 00 120376 05/08/2009 MID-COAST MOWER&SAW Accounts Payable Check 315.31 120377 05/08/2009 MINER'S ACE HARDWARE Accounts Payable Check 355.56 120378 05/08/2009 MISSION UNIFORM SERVICE Accounts Payable Check 13674 120379 05/08/2009 JOHNNY F MITCHELL Accounts Payable Check 38.00 120380 05/08/2009 MOSAIC BUSINESS SERVICES Accounts Payable Check 55.00 120381 05/08/2009 NORTH COAST ENGINEERING INC Accounts Payable Check 1 68000 120382 05/08/2009 OFFICE DEPOT INC Accounts Payable Check 905.00 120383 05/08/2009 OUTLET TOOL SUPPLY Accounts Payable Check 410.84 120384 05/08/2009 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 161 70 120385 05/08/2009 PACIFIC GAS AND ELECTRIC Accounts Payable Check 11615 120386 05/08/2009 PASO ROBLES ELECTRIC, INC. Accounts Payable Check 47.05 120387 05/08/2009 DAWN PATTERSON Accounts Payable Check 2365 120388 05/08/2009 VOID Accounts Payable Check 0.00 120389 05/08/2009 FIRE DEPARTMENT PETTY CASH Accounts Payable Check 173.96 12.0390 05/08/2009 FRED PFLUM Accounts Payable Check 92.00 120391 05/08/2009 POOR RICHARD'S PRESS Accounts Payable Check 38740 120392 05/08/2009 PRAXAIR DISTRIBUTION, INC Accounts Payable Check 47.61 120393 05/08/2009 PRINT AND COPY SOLUTIONS, INC Accounts Payable Check 49.82 120394 05/08/2009 PROCARE JANITORIAL SUPPLY Accounts Payable Check 74163 120395 05/08/2009 PRUDENTIAL OVERALL SUPPLY INC Accounts Payable Check 3702 120396 05/08/2009 QUILL CORPORATION Accounts Payable Check 64.26 120397 05/08/2009 RAMINHA CONSTRUCTION, INC. Accounts Payable Check 9775 120398 05/08/2009 RECOGNITION WORKS Accounts Payable Check 8.57 24 City of Atascadero Disbursement Listing For the Month of May 2009 Check Check Number Date Vendor Description Amount 120399 05/08/2009 REGAL ELECTRIC Accounts Payable Check 16 000 00 120400 05/08/2009 MICHELLE R. ROGERS Accounts Payable Check 8400 120401 05/08/2009 ROSSI TRANSPORT SERVICE Accounts Payable Check 227.33 120402 05/08/2009 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 41,079 81 120403 05/08/2009 SAN LUIS OBISPO COUNTY VISITOR Accounts Payable Check 1 00000 120404 05/08/2009 SANTA MARIA TIRE,INC. Accounts Payable Check 571 16 120405 05/08/2009 SCOTT SATTERTHWAITE Accounts Payable Check 500.00 120406 05/08/2009 LISETTE S.SCHOLL Accounts Payable Check 67.20 120407 05/08/2009 SIMS FIRE PROTECTION, INC Accounts Payable Check 12,600 00 120408 05/08/2009 DAVID L.SMAW Accounts Payable Check 76.00 120409 05/08/2009 ELIZABETH E.SMITH Accounts Payable Check 1800 120410 05/08/2009 SPERIAN PROTECTION AMERICA INC Accounts Payable Check 575.00 120411 05/08/2009 STAPLES CREDIT PLAN Accounts Payable Check 160.91 120412 05/08/2009 BRIAN STURTEVANT Accounts Payable Check 317.28 120413 05/08/2009 SUNLIGHT JANITORIAL Accounts Payable Check 2,60600 120414 05/08/2009 SUPERIOR CRANE&TRANSPORT Accounts Payable Check 54000 120415 05/08/2009 RUSS THOMPSON Accounts Payable Check 30000 120416 05/08/2009 TOM'S MECHANICAL&HYDRAULIC Accounts Payable Check 84.00 120417 05/08/2009 MARTY TRACEY Accounts Payable Check 92.40 120418 05/08/2009 ANTHONY J TRAVERSO Accounts Payable Check 24700 120419 05/08/2009 TURF EQUIPMENT SVC&REPAIR Accounts Payable Check 420.00 120420 05/08/2009 TURNOUT MAINTENANCE COMPANY Accounts Payable Check 24800 120421 05/08/2009 TW TELECOM Accounts Payable Check 82873 120425 05/08/2009 U.S.BANK Accounts Payable Check 16 731 40 120426 05/08/2009 ULTREX BUSINESS PRODUCTS Accounts Payable Check 500 120427 05/08/2009 UNITED RENTALS NORTHWEST INC Accounts Payable Check 541.36 120428 05/08/2009 UNITED STAFFING ASSOCIATES Accounts Payable Check 5,46560 120429 05/08/2009 UPS Accounts Payable Check 12.78 120430 05/0812009 USA BLUE BOOK Accounts Payable Check 151 10 120431 05/08/2009 USA MOBILITY WIRELESS,INC Accounts Payable Check 42.31 120432 05/08/2009 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 2,919.20 120433 05/08/2009 VERIZON WIRELESS Accounts Payable Check 2,34048 120434 05/08/2009 VFIS Accounts Payable Check 3,291.00 120435 05/08/2009 MATT VIERRA Accounts Payable Check 50.00 120436 05/08/2009 JEFFREY K.WEIT Accounts Payable Check 54.00 120437 05/08/2009 WESTERN JANITOR SUPPLY Accounts Payable Check 149.82 120438 05/08/2009 WESTERN STATE DESIGN INC. Accounts Payable Check 513.87 120439 05/08/2009 WILKINS PRINTING Accounts Payable Check 21.92 120440 05/08/2009 SUSAN M.WILLIAMS Accounts Payable Check 38.72 120441 05/08/2009 WOODY WOODRUFF Accounts Payable Check 1,00000 Moe 25 City of Atascadero Disbursement Listing For the Month of May 2009 Check Check Number Date Vendor Description Amount 120442 05/12/2009 AFLAC Payroll Vendor Payment 6 038 07 120443 05/12/2009 ANTHEM BLUE CROSS HEALTH Payroll Vendor Payment 129 18855 120444 05/12/2009 ANTHEM BLUE CROSS LIFE Payroll Vendor Payment 1,44940 120445 05/12/2009 MEDICAL EYE SERVICES Payroll Vendor Payment 1 819 19 120446 05/12/2009 PREFERRED BENEFITS INSURANCE Payroll Vendor Payment 8830.84 120447 05/15/2009 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 63000 120448 05/15/2009 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00 120449 05/15/2009 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1 080.00 120450 05/15/2009 EMPLOYMENT DEV DEPARTMENT Accounts Payable Check 7,78900 120451 05/15/2009 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 1 38602 120452 05/15/2009 FRANCHISE TAX BOARD Payroll Vendor Payment 5000 120453 05/15/2009 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,49876 120454 05/15/2009 KENNEDY CLUB FITNESS Payroll Vendor Payment 44.00 120455 05/15/2009 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 47874 120456 05/15/2009 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM payroll Vendor Payment 92,417.23 120457 05115/2009 SEIU LOCAL 620 Payroll Vendor Payment 93786 120458 05/15/2009 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311 61 120459 05/15/2009 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1 518.89 735 05/19/2009 RABOBANK, N.A. Payroll Vendor Payment 45 669 83 736 05/1912009 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 11,860 88 737 05/19/2009 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 1,412.62 120460 05/22/2009 A-JAY EXCAVATING INC. Accounts Payable Check 4,601.85 120461 05/22/2009 ABOVE GRADE ENGINEERING,INC. Accounts Payable Check 5 685 00 120462 05/22/2009 ALL ABOUT PRODUCE,INC Accounts Payable Check 539.35 120463 05/22/2009 ALLIANT INSURANCE SERVICES Accounts Payable Check 292.30 120464 05/22/2009 APOSENT ALTO Accounts Payable Check 50.00 120465 05/22/2009 AMERICAN MARBORG Accounts Payable Check 94.86 120466 05/22/2009 AMI PIPE&SUPPLY Accounts Payable Check 293.38 120467 05/22/2009 ANTECH DIAGNOSTICS Accounts Payable Check 44260 120468 05/22/2009 API ATLAS PERFORMANCE INDUST Accounts Payable Check 75.24 120469 05/22/2009 APPLIED DEVELOPMENT ECONOMICS Accounts Payable Check 2,307.52 120470 05122/2009 ARAMARK UNIFORM SERVICES Accounts Payable Check 29610 120471 05/22/2009 GINA ARIAS Accounts Payable Check 46.20 120472 05/22/2009 AT&T Accounts Payable Check 6419 120473 05/22/2009 AT&T Accounts Payable Check 57.89 120474 05/22/2009 AT&T Accounts Payable Check 66773 120476 05/22/2009 AT&T Accounts Payable Check 1 01248 120477 05/22/2009 AT&T ADVERTISING&PUBLISHING Accounts Payable Check 27060 120478 05/22/2009 ATASCADERO CHAMBER OF COMMERCE Accounts Payable Check 234.96 26 City of Atascadero Disbursement Listing For the Month of May 2009 Check Check Number Date Vendor Description Amount 120479 05/22/2009 ATASCADERO HAY&FEED Accounts Payable Check 572.51 120481 05/22/2009 ATASCADERO MUTUAL WATER CO Accounts Payable Check 7318.80 120482 05/22/2009 ATASCADERO SAW SHOP Accounts Payable Check 207.38 120483 05/22/2009 AW DIRECT INC Accounts Payable Check 46440 120484 05/22/2009 JENAMARIE P BAIRD Accounts Payable Check 17.50 120485 05/22/2009 JENNY BALSON Accounts Payable Check 22.33 120486 05/22/2009 BASSETT'S CRICKET RANCH INC. Accounts Payable Check 138.28 120487 05/22/2009 SHERRY BAZZELL Accounts Payable Check 3740 120488 05/22/2009 BCS, LLC Accounts Payable Check 5,858.71 120489 05/22/2009 JUSTIN BLACK Accounts Payable Check 25.00 120490 05/22/2009 REX L BOLLER Accounts Payable Check 252.00 120491 05/22/2009 CASEY BRYSON Accounts Payable Check 66.00 120492 05/22/2009 BURKE,WILLIAMS,&SORENSON LLP Accounts Payable Check 27,348.22 120493 05/22/2009 CALIFORNIA CODE CHECK Accounts Payable Check 6,297.50 120494 05/22/2009 CALIFORNIA MID-STATE FAIR Accounts Payable Check 5000.00 120495 05/22/2009 CALVARY CHAPEL OF ATASCADERO Accounts Payable Check 372.13 120496 05/22/2009 CANNON ASSOCIATES Accounts Payable Check 3022.02 120497 05/22/2009 KATE CAPELA Accounts Payable Check 72.63 120498 05/22/2009 CASA OF SAN LUIS OBISPO COUNTY Accounts Payable Check 1,00000 120499 05/22/2009 CENTRAL COAST CONTAINERS Accounts Payable Check 7500 " rw 120500 05/22/2009 CENTRAL COAST HEALTHCARE,APMC Accounts Payable Check 4000 120501 05/22/2009 CENTRAL COAST SECRETARIAL SVC Accounts Payable Check 525.00 120502 05/22/2009 JOSEPH A.CHOUINARD Accounts Payable Check 2,23915 120503 05/2212009 CITY OF ATASCADERO Accounts Payable Check 270.00 120504 05/22/2009 CJP PRODUCTIONS INC. Accounts Payable Check 2,247.90 120505 05/22/2009 COAST ELECTRONICS Accounts Payable Check 14.06 120506 05/22/2009 COAST RIDERS POWERSPORTS Accounts Payable Check 1,281 18 120507 05/22/2009 COASTAL COPY,LP Accounts Payable Check 60.55 120508 05/22/2009 LEN COLAMARINO Accounts Payable Check 271 15 120509 05/22/2009 COLONY AUTO SERVICE,INC Accounts Payable Check 609.24 120510 05122/2009 CONOCOPHILLIPS Accounts Payable Check 1,228.96 120511 05/22/2009 CREEK ENVIRONMENTAL LAB, INC Accounts Payable Check 31000 120512 05/22/2009 CRYSTAL SPRINGS WATER Accounts Payable Check 173 10 120513 05/22/2009 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 70.00 120514 05/22/2009 DATAPRINT CORPORATION Accounts Payable Check 15242 120515 05/22/2009 DECOU LUMBER COMPANY Accounts Payable Check 27540 120516 05/22/2009 DEPARTMENT OF JUSTICE Accounts Payable Check 1,622.00 120517 05/22/2009 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 72518 120518 05/22/2009 DEPARTMENT OF WATER RESOURCES Accounts Payable Check 2,277.00 120519 05/22/2009 DOCUTEAM Accounts Payable Check 24.95 120520 05/22/2009 ED'S FLY MEAT INC. Accounts Payable Check 24.50 27 City of Atascadero Disbursement Listing For the Month of May 2009 Check Check Number Date Vendor Description Amount 120521 05/22/2009 EL CAMINO VETERINARY HOSP Accounts Payable Check 129.94 120522 05/22/2009 EMBLEM ENTERPRISES, INC Accounts Payable Check 453.91 120523 05/22/2009 ESCUELA DEL RIO Accounts Payable Check 19800 120524 05122/2009 EWING IRRIGATION GOLF INDUSTRL Accounts Payable Check 41423 120525 05/22/2009 KEITH J FALERIOS Accounts Payable Check 562.00 120526 05/22/2009 FEDERAL EXPRESS Accounts Payable Check 5303 120527 05/22/2009 FENCE FACTORY ATASCADERO Accounts Payable Check 2164.54 120528 05/22/2009 FERRELL'S AUTO REPAIR Accounts Payable Check 685.68 120529 05/22/2009 FIRST AMERICAN CORELOGIC INC Accounts Payable Check 100.00 120530 05/22/2009 FIRST AMERICAN TITLE Accounts Payable Check 5 000 00 120531 05/22/2009 FIRST TRANSIT INC Accounts Payable Check 20,886.62 120532 05/22/2009 FLUID RESOURCE MANAGEMENT,INC Accounts Payable Check 1,115.00 120533 05/22/2009 FOOD FOR LESS Accounts Payable Check 212.86 120534 05/22/2009 KEN FORMAN Accounts Payable Check 1000 120535 05/22/2009 FRAZEE INDUSTRIES INC Accounts Payable Check 14.94 120536 05/22/2009 GAS COMPANY Accounts Payable Check 24.04 120537 05/22/2009 GEM AUTO PARTS Accounts Payable Check 29040 120538 05/22/2009 GEO-WEST LAND CONSULTANTS INC Accounts Payable Check 6,512.50 120539 05122/2009 GOPHER STOMPERS, INC. Accounts Payable Check 362.50 120540 05/22/2009 GRANITE CONSTRUCTION INC. Accounts Payable Check 87,023.09 120541 05122/2009 GRAY LIFT INC. Accounts Payable Check 411.34 120542 05/22/2009 GRISANTI HARDWARE Accounts Payable Check 45.19 r 120543 05/22/2009 GROWING GROUNDS FARM Accounts Payable Check 71011 120544 05/22/2009 VALERIE HUMPHREY Accounts Payable Check 57.20 120545 05/22/2009 INFORMATION TECHNOLOGY Accounts Payable Check 702.95 120546 05/22/2009 INGRAM&GREENE,INC Accounts Payable Check 625.00 120547 05/22/2009 EVELYN R.INGRAM Accounts Payable Check 387.34 120548 05/22/2009 INTOXIMETERS Accounts Payable Check 98.66 120549 05/22/2009 ISIS Accounts Payable Check 722.43 120550 05/22/2009 JAMES LEE WITT ASSOCIATES Accounts Payable Check 20 801.23 120551 05/22/2009 JIFFY LUBE/SOUND BILLING Accounts Payable Check 116.87 120552 05/22/2009 K.D JANNI LANDSCAPING, INC. Accounts Payable Check 36778 120553 05/22/2009 KPRL 1230 AM Accounts Payable Check 320.00 120554 05/22/2009 L.N.CURTIS&SONS Accounts Payable Check 2865 120555 05/22/2009 LANDSCAPES BY STACH Accounts Payable Check 840.00 120556 05/22/2009 LIFE ASSIST,INC. Accounts Payable Check 744.94 120557 05/22/2009 RORY W LINN Accounts Payable Check 562.00 120558 05/22/2009 LOCATE PLUS CORPORATION Accounts Payable Check 64.00 120559 05/22/2009 MEDWORKS MEDICAL CENTER, INC. Accounts Payable Check 147.00 120560 05/22/2009 MID-COAST MOWER&SAW Accounts Payable Check 39.86 120561 05/22/2009 MINER'S ACE HARDWARE Accounts Payable Check 103.54 28 City of Atascadero Disbursement Listing For the Month of May 2009 Check Check Number Date Vendor Description Amount 120562 05/22/2009 MISSION UNIFORM SERVICE Accounts Payable Check 8200 120563 05/22/2009 JOHNNY F MITCHELL Accounts Payable Check 152.00 120564 05/22/2009 MWI VETERINARY SUPPLY Accounts Payable Check 34.99 120565 05122/2009 NATIONAL BUSINESS FURNITURE Accounts Payable Check 41432 120566 05/22/2009 NEWCO DISTRIBUTORS INC Accounts Payable Check 271 75 120567 05/22/2009 NICKSON'S MACHINE SHOP INC Accounts Payable Check 421 50 120568 05/22/2009 NORTH COUNTY GLASS Accounts Payable Check 1640 120569 05/22/2009 NORTHERN ENERGY Accounts Payable Check 46602 120570 05/22/2009 OFFICE DEPOT INC. Accounts Payable Check 1 76358 120571 05/22/2009 PACIFIC AUTO GLASS Accounts Payable Check 264.85 120573 05/22/2009 PACIFIC GAS AND ELECTRIC Accounts Payable Check 29 090.81 120574 05/22/2009 PACIFIC HARVEST CATERING CO Accounts Payable Check 19472 120575 05/22/2009 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 1,36412 120576 05/22/2009 PAVEMENT ENGINEERING,INC Accounts Payable Check 2,96500 120577 05/22/2009 PC MECHANICAL, INC Accounts Payable Check 27,267 14 120578 05/22/2009 PERFORMANCE CLEANING SYSTEMS Accounts Payable Check 1020.00 120579 05/22/2009 PERRY'S ELECTRIC MOTORS&CTRL Accounts Payable Check 18654 120580 05/22/2009 PERRY S PARCEL&COURIER SVC Accounts Payable Check 25460 120581 05/22/2009 PROCARE JANITORIAL SUPPLY Accounts Payable Check 1,13554 120582 05/22/2009 PRUDENTIAL OVERALL SUPPLY INC Accounts Payable Check 3702 120583 05/22/2009 RADAR SHOP, INC. Accounts Payable Check 82.68 120584 05/22/2009 RADIO SHACK CORPORATION Accounts Payable Check 12868 120585 05/22/2009 RAIN FOR RENT Accounts Payable Check 2,618.26 120586 05/22/2009 RAMINHA CONSTRUCTION, INC Accounts Payable Check 29,900 00 120587 05/22/2009 RC CONSULTING ENGINEERS, INC Accounts Payable Check 9,01140 120588 05/22/2009 REGIONS INTERSTATE BILLING SRV Accounts Payable Check 95140 120589 05/22/2009 RETAIL ACQUISITION&DEVELOPMT Accounts Payable Check 1 596.42 120590 05/22/2009 RICK ENGINEERING COMPANY Accounts Payable Check 3,80645 120591 05/22/2009 ROB DAVIS BACKHOE Accounts Payable Check 26,980.00 120592 05/22/2009 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 72.00 120593 05/22/2009 SANTA CLARA CO SHERIFF'S OFFI Accounts Payable Check 1 60000 120594 05/22/2009 SANTA MARIA TIRE,INC Accounts Payable Check 1700.08 120595 05/22/2009 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 74955 120596 05122/2009 SHELL Accounts Payable Check 67453 120597 05/22/2009 JOHN C.SIEMENS Accounts Payable Check 364.00 120598 05/22/2009 SIGN OUTLET Accounts Payable Check 45057 120599 05/22/2009 SLO COUNTY NEWSPAPERS-TRIBUNE Accounts Payable Check 1 018.10 120600 05/22/2009 SMART AND FINAL Accounts Payable Check 251 34 120601 05/22/2009 DAVID L.SMAW Accounts Payable Check 7600 120602 05122/2009 ST JOSEPH REG MED CENTER Accounts Payable Check 17600 120603 05/22/2009 STRATEGIC MARKETING GROUP Accounts Payable Check 1,512.52 29 City of Atascadero Disbursement Listing For the Month of May 2009 Check Check Plumber Date Vendor Description Amount 120604 05/22/2009 SUPERIOR CRANE&TRANSPORT Accounts Payable Check 63000 120605 05/22/2009 CALLIE TAYLOR Accounts Payable Check 47.30 120606 05/22/2009 TECHDEPOT Accounts Payable Check 1 119.29 120607 05/22/2009 TESORO FLEET SERVICES Accounts Payable Check 4 622 72 120608 05/22/2009 ANTHONY J TRAVERSO Accounts Payable Check 3800 120609 05/22/2009 TURF EQUIPMENT SVC&REPAIR Accounts Payable Check 36000 120610 05/22/2009 UNIFIED HEALTHCARE Accounts Payable Check 7000 120611 05/22/2009 UNITED STAFFING ASSOCIATES Accounts Payable Check 1,248.00 120612 05/22/2009 UNIVERSAL SPECIALTIES INC Accounts Payable Check 135.85 120613 05/22/2009 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 1 911 62 120614 05/22/2009 VERIZON WIRELESS Accounts Payable Check 1 12401 120615 05/22/2009 WALLACE GROUP Accounts Payable Check 8,97747 120616 05/22/2009 WESTERN JANITOR SUPPLY Accounts Payable Check 19394 120617 05/22/2009 WILKINS PRINTING Accounts Payable Check 32874 420618 05/22/2009 SUSAN M.WILLIAMS Accounts Payable Check 3872 120619 05/22/2009 WINE COUNTRY BALANCE Accounts Payable Check 38500 120620 05/22/2009 WYSONG CONSTRUCTION CO Accounts Payable Check 151,020 16 120621 05/29/2009 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 63000 120622 05/29/2009 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 4000 120623 05/29/2009 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,08000 120624 05/29/2009 AXA EQUITABLE Payroll Vendor Payment 52012 120625 05/29/2009 FLEX-PLAN SERVICES INC Payroll Vendor Payment 1,38602 120626 05/29/2009 FRANCHISE TAX BOARD Payroll Vendor Payment 5000 120627 05/29/2009 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9 498 76 120628 05/29/2009 KENNEDY CLUB FITNESS Payroll Vendor Payment 4400 120629 05/29/2009 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 917 17 120630 05/29/2009 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 90 835 79 120631 05/29/2009 SEW LOCAL 620 Payroll Vendor Payment 92769 120632 05/29/2009 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311 61 120633 05/29/2009 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1 518.89 $ 1 427 584 86 30 ITEM NUMBER A-4 DATE 08/11/09 12 rdl��; r• r.r „ r CAD Atascadero City Council Staff Report - City Attorney's Office Repeal Atascadero Campaign Ordinance RECOMMENDATION Council adopt on second reading by title only the Draft Ordinance amending the Atascadero Municipal Code by repealing Chapter 19 to Title 2, repealing an ordinance to be known as "Atascadero Campaign Ordinance " DISCUSSION The City Council at its Strategic Planning workshop on March 25, 2009, directed staff to place an item on the agenda to provide for the repeal of the Atascadero Campaign Ordinance The Ordinance was approved for first reading on October 28, 2008 following a series of Council discussions and workshops including those of a Council Committee established to work on "Public Trust." The second reading of the Campaign Ordinance was on November 25, 2008, and the ordinance became effective 30 days later on December 25, 2008 There have been no elections for City Council since the Campaign Ordinance became effective The City Council directed staff to bring this ordinance back for consideration of repeal The repeal ordinance was introduced for first reading on July 14, 2009, and if adopted on August 11, 2009, the Atascadero Campaign Ordinance will be repealed effective September 11, 2009 FISCAL IMPACT The fiscal impact of the adoption of this Ordinance will eliminate cost of implementation of the Atascadero Campaign Ordinance which would include processing of Declaration of Candidacy Statements, calculation of expenditure limit for each election, public noticing requirements, press releases, postings on the website and processing of additional Late Contribution Reports ATTACHMENT- Draft Ordinance repealing the Atascadero Campaign Ordinance 31 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY REPEALING CHAPTER 19 TO TITLE 2 REPEALING ORDINANCE KNOWN AS "ATASCADERO CAMPAIGN ORDINANCE" WHEREAS, the City Council desires to repeal an ordinance providing for a voluntary expenditure limit on campaigns by City Council candidates, and, WHEREAS, the City Council further desires to repeal an ordinance providing incentives and benefits to encourage candidates to comply with the voluntary expenditure limn; and, WHEREAS, the City Council further desires to repeal an ordinance reducing the dollar amount requirement for late contributions from the requirement set by State law NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS The City Council of the City of Atascadero hereby amends Title 2 of the Municipal Code by repealing Chapter 19 known as the "Atascadero Campaign Ordinance." SECTION THREE. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero; State of California, on by the following roll call vote. AYES NOES ABSTAIN ABSENT 1440 32 CITY OF ATASCADERO Ellen Beraud, Mayor ATTEST Marcia McClure Torgerson, C.M.0 , City Clerk APPROVED AS TO FORM. Brian Pienk, City Attorney 33 ITEM NUMBER A-5 DATE. 08/11/09 m on t ■ 1918 A 19 8 Atascadero City Council Staff Report - Community Services Department Proposed Revision to the Atascadero Municipal Code Prohibiting Smoking in the Charles Paddock Zoo and in the City's Outdoor Recreation Areas and Parks RECOMMENDATION Council adopt on second reading, by title only, the Draft Ordinance amending Title 10, Parks and Recreation, adding Section 10-1 34 Prohibiting Smoking in the Charles Paddock Zoo, City owned Outdoor Recreation Areas, and Public Parks except for ceremonial or religious purposes, and except for paved parking lots DISCUSSION At the June 19, 2008 Parks and Recreation Commission meeting, the Commission heard testimony that the City of Atascadero should join more than 90 other cities in California and consider an ordinance that restricts or bans smoking in parks and outdoor recreation areas The Parks and Recreation Commission directed that a sub-committee be formed to study the issue and come back with several policy options regarding smoking in outdoor recreation areas The options range from a total ban on smoking in all parks and the Zoo, to taking no action on smoking activity in these areas. The Parks and Recreation Commission recommended the Council adopt an Ordinance on June 23, 2009 After implementing a few amendments to the proposed Ordinance, the City Council introduced the proposed Ordinance for first reading by title only on June 23, 2009 If adopted on August 11, 2009, this ordinance will go into effect in 30 days FISCAL IMPACT It is estimated that the costs of new signage will be $500 The Tobacco Control Program has offered to pay for the costs of the signs Since current State laws prohibiting smoking near children's playgrounds and public building entrances have generated no additional law enforcement costs, it is anticipated that the proposed new laws should 35 not result in any new ongoing costs for the Police Department. Similar laws in other jurwsdictions have been reported to be largely self-enforcing ATTACHMENT Draft Ordinance 36 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE AND TITLE 10 BY ADDING NEW SECTION 10-1.01 AND SECTION 10-1.34 PROHIBITING SMOKING IN THE CHARLES PADDOCK ZOO AND IN THE CITY'S OUTDOOR RECREATION AREAS AND PARKS AND RENUMBERED SECTION 10-1.34 The City Council hereby finds and declares as follows WHEREAS, the United States Environmental Protection Agency has classified secondhand smoke as a Group A carcinogen, the most dangerous class of carcinogen, and, WHEREAS, creating smoke-free areas linuts the exposure of non-smoking park users to secondhand smoke NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS Add Section 10-1.01 (Definitions) (h) "Outdoor Recreation Areas" are those areas owned by the City and used by the public for recreation including, but not limited to, public parks, open space and trails. (i) "Tobacco Products" means any substance containing tobacco leaf, including but not limned to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bides, or any other preparation of tobacco, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence Sectionl0-1.34 of the Atascadero Municipal Code is amended to read as follows SECTION 1 10-1.34 Smoking and Tobacco Products Except for ceremonial or religious purposes, and except for paved parking lots, it is unlawful for any person to smoke any substance or use any tobacco product within the Charles Paddock Zoo, Outdoor Recreation Areas and public parks or on any sidewalks contiguous to these locations "To smoke" means the carrying or holding of any lighted cigarette, cigar or pipe, or any other lighted smoking product or equipment. *4W 37 +FC'TION 2 (Renumbered) E; '.35 Penalties V dations of the provisions of this chapter shall be prosecuted in accordance with Chapter 3 of Title 1 of the Atascadero Municipal Code SiL CTION 3 k summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public INTRODUCED at a regular meeting of the City Council held on June 23, 2009, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote 4 AYES NOES ABSTAIN Iwo ABSENT ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, C.M.0 , Ellen Beraud, Mayor City Clerk APPROVED AS TO FORM. Brian A. Pierik, City Attorney 38 ITEM NUMBER A-6 ® ■® ® ® DATE 8/11/09 R iais 9 y 79 e Atascadero City Council Staff Report - Community Development Department Alcoholic Beverage Control License for Beer and Wine Bar PLN 2009-1336/ABC 2009-0006 6155 EI Camino Real (Flagg/Buletti) (Request to allow an Alcoholic Beverage Control license for the on-site sale of beer and wine at a new beer and wine bar in the downtown) RECOMMENDATION Council adopt Draft Resolution A finding that public convenience or necessity would be served by allowing the issuance of a Type 42 ABC license for the on-site sale of beer and wine for a new beer and wine bar at 6155 EI Camino Real DISCUSSION- The applicant has applied through the Department of Alcohol Beverage Control (ABC) for an on-site sale of beer and wine license in order to open a new beer and wine bar at 6155 EI Camino Real The new business would include wine tasting facilities and have a retail sales component. A Type 42 liquor license is being requested for the on-site sale and tasting of beer and wine The site is located between Entrada Avenue and Traffic Way near the Carlton Hotel The site is zoned (DC) Downtown Commercial and has a General Plan Land Use Designation of (D) Downtown Wine and other beverage tasting facilities are included under two separate land use definitions in Section 9-3 701 of the Atascadero Municipal Code "Food and Beverage Retail Sales"includes wine tasting facilities which are not on the same site as the winery The definition for"Bar/Tavern"also includes beverage tasting facilities The Downtown Commercial zone identifies both "Food and Beverage Retail Sales" and "Bar/Tavern"as permitted uses within the Downtown Commercial zone A Conditional Use 39 ITEM NUMBER A-6 DATE. 8/11/09 permit is not required to establish a beer and wine bar or tasting facility at the proposed location Analysis. ABC requires a letter of convenience from the City in order to issue a new beer and wine license at this location 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 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 up to eleven (11) ABC licenses within the area without Council review There are currently 14 licenses existing within the census tract, and therefore ABC requires a finding of public convenience or necessity in order to issue a new license FISCAL IMPACT None ATTACHMENTS 1 Location Map 2. Draft Resolution A 40 ITEM NUMBER A -6 DATE 8/11/09 Attachment 1 Location Map: 6155 El Camino Real v 6155 EI Camino Real i r u f Ile A? r f � 41 k....�, 4:ment 2: 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 T:3f_3UANCE OF A TYPE 42 ALCOHOL LICENSE AT 6155 EL CAMINO REAL ON APN 029-342-024 (Flagg/Buletti) WHEREAS, an application has been received from Dave Flagg (1565 Shiloh Pl., Templeton, CA 93465) Property Owner, and Clare Buletti (7030 Benton Rd. Paso Robles, CA 93446) Applicant, to request that the Council make a finding of public convenience or necessity to allow the department of Alcoholic Beverage Control to issue a Type 42 license for on-site sale of beer and wine at 6155 El Camino Real, (APN 029-342-024), and, WHEREAS, the site's current General Plan Designation is D (Downtown), and, WHEREAS, the site's current Zoning Designation is DC (Downtown Commercial), and, WHEREAS, the City Council has determined that public convenience or necessity will be served by the issuance of a type 42 on-sale beer and wine license for a new beer and wine bar at 6155 El Camino Real, and, WHEREAS, the City Council of the City of Atascadero considered the proposed application at a public meeting on August 11, 2009 , and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to approve PLN 2009-1336 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 4 AYES NOES *00, ABSENT ADOPTED CITY OF ATASCADERO By- Ellen Beraud, Mayor ATTEST Marcia McClure Torgerson, C.M.0 , City Clerk APPROVED AS TO FORM. Brian A. Pierik, City Attorney 43 ITEM NUMBER A-7 DATE. 08/11/09 r alnfn; f r.. 1979 A tascadero City Council Staff Report - City Manager's Office Atascadero Creek Reservations No. 2, 3 (bow tie) & 5 Acceptance of Interagency Transfer Agreement which includes Quitclaim Deeds and Acceptance of Assignment and Assumption of Lease for Creek Reservation #2 (Atascadero Creek Reservation No 2 is the portion of Atascadero Creek from the Lewis Avenue Bridge to the Capistrano Bridge, No 3 (bowtie) is a small portion of Atascadero Creek south of the Lewis Avenue Bridge, and No 5 is the portion of Atascadero adjacent to the Atascadero High School The Atascadero Unified School District currently owns this property and the Atascadero Historical Society holds a lease on Creek Reservation No 2) RECOMMENDATIONS- Council adopt the Draft Resolution, thereby authorizing the City Manager to execute the Interagency Transfer Agreement, thereby- 1 Accepting interest in the real property conveyed by the Quitclaim Deeds from the Board of Trustees of the Atascadero Unified School District for Atascadero Creek Reservations No. 2, 3 (bow tie) and 5, and, 2. Accepting Assignment and Assumption of the Atascadero Historical Society Lease to the City for Atascadero Creek Reservation No 2. DISCUSSION The Atascadero Unified School District (District) is the owner of real property known generally as Atascadero Creek Reservations No 2, 3 (bow tie) and 5 Creek Reservation No 2 is the portion of Atascadero Creek from the Lewis Avenue Bridge to the Capistrano Bridge Creek Reservation No 3 (bow tie) is a small portion of Creek Reservation No 3 (which was deeded to the City last year), just south of the Lewis Avenue Bridge Creek Reservation No 5 is the portion of Atascadero Creek from the 45 ITEM NUMBER: A-7 DATE. 08/11/09 Atascadero Avenue Crossing to the San Andres Avenue Crossing Creek Reservation No 2 is subject to a lease between the District as Lessor and the Treasure of EI Camino Real, now known as the Atascadero Historical Society (AHS) as Lessee The Lease is dated October 11, 1965 History of Atascadero Creek Reservations • On February 28, 2002, Creekside Parcel Associates filed a lawsuit against the City of Atascadero (City), the District, Cal Trans and the AHS, contending that they were responsible for the damage to the Plaintiffs' property • In August of 2004 all parties entered into a settlement agreement. This agreement contains several requirements, including the District's conveyance of the Atascadero Creek Reservation No 3 to the City The 2004 settlement agreement also directs the District to assign the AHS Lease to the City • In October 2007, the District executed a Quitclaim Deed for Atascadero Creek Reservation No 3 and an Assignment and Assumption of Lease for the AHS Lease of Atascadero Creek Reservation No 3, to the City The City accepted Atascadero Creek Reservation No 3 and the assignment of the Lease in September 2008 The Atascadero Unified School District has filed a notice of surplus for Atascadero Creek Reservations No 2, No 3 (bowtie), and No 5 City Staff believes these Creek Reservations are an important community asset and that the City is in the best_position to be the steward of these properties. The City continues to work with the Atascadero Historical Society on their desire to maintain leases on Creek Reservations No 2 & No 3, and the responsibilities those leases require Adoption of the attached Resolution will authorize • The City Manager to execute the Interagency Transfer Agreement which accepts the Transfer of the Properties • The City Manager to execute the Certificates of Acceptance of the Quitclaim Deeds • The Assignment and Assumption of the Lease as to Creek Reservation No 2 • The recordation of the documents FISCAL IMPACT There are no direct fiscal impacts resulting from the acceptance of these Creek Reservations. There may be future fiscal impacts associated with the acquisition, including, but not limited to • Legal costs and damages arising out of future injuries and claims • Maintenance and care of the vegetation in the riparian area 46 ITEM NUMBER A-7 DATE 08/11/09 14001, ALTERNATIVES The City Council may choose to not accept the Creek Reservations from the School District. ATTACHMENTS 1 Map of Atascadero Creek Reservation No 2 2 Map of Atascadero Creek Reservation No 3 (bow tie) 3 Map of Atascadero Creek Reservation No 5 4 Draft Resolution, including the Interagency Transfer Agreement and Quitclaim Deeds 47 ITEM NUMBER A-7 DATE 08/11/09 ATTACHMENT #1 ATASCADERO CREEK RESERVATION No 2 x ,f -� " �rx LeWl�� venu�� 48 ITEM NUMBER A-7 DATE 08/11/09 ATTACHMENT #2 ATASCADERO CREEK RESERVATION No 3 (bow tie) fit A r Y f lS' YAW 49 ITEM NUMBER A- 7 DATE 08/11/09 ATTACHMENT #3 ATASCADERO CREEK RESERVATION No 5 `. �-��#ascader�=Avenue �Crossmwg '�„^5an.Andres%Averiuer�.. 5 ti •�a 50 ITEM NUMBER A- 7 DATE. 08/11/09 ATTACHMENT #4 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADER09 CALIFORNIA,ACCEPTING INTEREST IN REAL PROPERTY CONVEYED BY QUITCLAIM DEEDS FROM THE BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED SCHOOL DISTRICT AND ACCEPTING ASSIGNMENT AND ASSUMPTION OF THE ATASCADERO HISTORICAL SOCIETY LEASE TO THE CITY WHEREAS, the Atascadero Unified School District (District) is the owner of real property known generally as Atascadero Creek Reservation No. 2, No 3 (bow tie) and No 5, located in the City of Atascadero (City), County of San Luis Obispo, State of California, and, WHEREAS, Atascadero Creek Reservation No 2 is subject to a lease between the District as Lessor and the Treasure of El Camino Real, now the Atascadero Historical Society (AHS), as Lessee dated October 11, 1965, and, WHEREAS, the Atascadero Unified School District has expressed a desire to transfer the ownership of Atascadero Creek Reservations No 2, No 3 (bow tie), and No 5 to the City of Atascadero NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. The City Manager is authorized to execute the Interagency Transfer Agreement, thereby accepting interest in the real property conveyed by the Quitclaim Deeds from the Board of Trustees of the Atascadero Unified School District for Atascadero Creek Reservations No 2,No 3 (bow tie), and No 5, attached hereto as Exhibit A. SECTION 2. The City Manager is authorized to execute the Certificates of Acceptance, certifying that the interest in real property conveyed by the Quitclaim Deeds from the Board of Trustees of the Atascadero Unified School District to the City of Atascadero, a municipal corporation of the State of California, is accepted by order of the City Council of the City of Atascadero,pursuant to this Resolution, and, SECTION 2. The City Manager, by executing the Certificates of Acceptance,-consents to the recordation of the Quitclaim Deeds referenced above,by a City authorized officer SECTION 3. The City Manager is authorized to execute the Assignment and Assumption of Lease for Atascadero Creek Reservation No 2, which is included in the Interagency Transfer Agreement,by and between the Board of Trustees of the Atascadero Unified School District and the 51 ITEM NUMBER A-7 DATE. 08/11/09 n of Atascadero, a municipal corporation of the State of California, the Lease of Creek -,,:rvation No 2, entered into on October 11, 1965, between the Atascadero School District and the Treasure of El Camino Real (now known as the Atascadero Histoncal Society) attached hereto as Txhmbmt B On motion by Council Member and seconded by Council `%6ember the foregoing Resolution is hereby adopted in its entirety on the following roll call vote 4,YES ES NOES ABSENT ADOPTED- CITY OF ATASCADERO By Ellen Beraud,Mayor ATTEST Marcia McClure Torgerson, C.M.C. City Clerk APPROVED AS TO FORM. Brian A. Pienk City Attorney 59 ITEM NUMBER A-7 DATE. 08/11/09 Exhibit A INTERAGENCY TRANSFER AGREEMENT P}'IE.Ad"LE This Interagency Transfer Agreement("Agreement")is entered into this 2 day of__ June ,20D9 by and between the Atascadero Unified School District,a public school district formed under the laws of the State of California ("District")and the City of Atascadero,a municipal corporation organized and existing under the laws of the State of California(`SCity'l on.the terms and conditions which follow RITAIS WHEREAS,the Atascadero Unified School District(the"District")owns property referred to as Atascadero Creek Reservation No.2,a portion of lot 3 of Administration Park,and.Reservation No.5 hearing legal descriptions set forth in the quitclaim deeds from the District to tate City, and WHEREAS,it is in the best interest of the District to transfer all of the Properties(collectively,the"Property"),lin one transaction;and 1)VEMR.LAS,the City desires to acquire the Property for City use on terms and conditions as set forth,herein;a:nd �itltr' WHEREAS,the Board of Trustees(the"Board")is authorized,to transfer any of its real property to another public agency upon such terms and conditions as the public agencies shall mutually agree and without regard to any other Education or Government Code provisions concerning the acquisition or disposal ofmal proprny TERMS.CONDITIONS&COVENANTS VENANTS NOW,TEUEREFORE,the parties agree as,follows: 1. Recitals. Adopts tht foregoing recitals as truc and correct. 2. Trans pr ofPrttnerty by C}uitctairn Deeds. For a Valuable,consideration, receipt of which is hereby acknowledged,the District transfers,byquitclaim dee=ds,all ofits right,title and interest to the Property subject to the exceptions of record.for the Property The quitclaim deeds to transfer the :Property pursuant to this Agreement are attached hereto as Exhibits A, B, and C and incorporated;herein by this reference. 1 *Urt+'' 53 ITEM NUMBER A 7 DATE 08/11/09 City Acceptance ofthe Property"As Is' City agrees to accept the Property as is and subject to the exceptions to title prior to the recordation of the quitclaim deeds. 4 Assignment and Assumption of Lease as to Reservation No.2. The Atascadero Historical Society is the successor in interest to the Treasure of El Camino Real lease which was recorded on Atascadero Creek Reservation No.. 2 and No.3 in the records of the County of San Luis Obispo on November 16, 1965 in gook 1375 Page 59 of the Records of the County The liease included Ataxfidero Creck Reservation Nos.2 and 3. Rei ervation No.3 was quitclaimed from the District to the City on October 2,.2007 and recorded on September 24,2008 On,September 26,2005 an assignment,entitled Assignment and Assumption of Lease(Revised)"'was recorded as to Reservation.No.3 from the District to the City To the extent the Historical Society lease includes Atascadero Creek Reservation No,2,the lease is hereby assigned by the District to the City and the lease is hereby assumed by the City 5 Notic 5. Notices shall be given to the parties at the addresses below and may be served in person,by United States Mail,postage prepaid,or by certified mail,or by fax transmission with proof of transmission. To the District: Superintendent Atascadero unified School District 5601 West Mail Atascadero,CA 93422 '1"o the_City City Manager City of Atascadero 6907 El Camino Real Atascadero, CA 93422 Either the District or the City may change its address of record for rccsipt of official notice by giving the other written notice of such change:and any necessary mailing*instructions. 6, Complete Agreement. This Agreement is the complete agreement between the parties and supersedes any and all prior oral or written understandings. 7 Amendment. This Agreement may not be modified,changed,altered,or amended or otherwise revised except by a duly executed written amendment. 8 Einditg Effect. Upon ratification by the parties,this Agreement shall be binding upon the successors and assigns of The parties. 2 54 ITEM NUMBER A 7 DATE 08/11/09 V40W 9 Signature in Counterparts. This Agreement may be executed in any number of counterparts,each of which shall be deemed an original,but all of which when taken together shall constitute one and the same Agreement. Facsimile or duplicate signatures shall have the same force and effect as original signatures. EXECUTION WHOEFORE,the parties hereto,by their signatures hereinbelow represent they have the authority to execute this Agreement on behalf of their respective agencies. DISTRICT DATED, 6-2-09 ATASCADERO UNIFIED SCHOOL DISTRICT BV. honRogers Its. Superintendent *41W CITY DATED, CITY OF ATASCADERO By. Its: 1'*4=kW0M10qq9f=j855M'D0C 3 1*4w 55 ITEM NUMBER A-7 DATE 08/11/09 EXHIBIT A RECORDING REQUESTED BY Jerome M.Behr=,Esq. Lozano Smith 7404 North Spalding Avenue Fresno,CA 93720.3370 `WHEN RECORDED MAIL TO: Jerorrre M.Behrens,Esq. Lozano Smith 7404 North Spalding Avenue Fresno,CA 93720-33711 Space Above Line for Recorder's Use QUITCLAIM DEET) The undersigned gmmor(s) declare(s): LN cumemw ytransfer tax is X00 ( )computed on full value of property conveyed,or ( �computed on full value less value of liens and encumbrances rernammg at time of sale. f )usrtncorrporated area: ( )city of ,and FOR A'VALLTEy W-E 00MIDERNMON,receipt of which is hereby aclmowledged,the ATASCADERO UNIFIED SCHOOL DISTRICT,a pubhc school.district formed under the laws of the State of California,herebygraats to the QTY OF ATA5CADER0,a mutrrcipal corporation orga: zed and existing,under the lays of the State of California,the following described.real property in the County of San Lots Obispo,State of Califortua: E)(11BIT"A"INCORPORATED HEREIN BY THIS REFERENCE Dated: ,200`) Tauri Gunther president,Board of Trustees Atascadero Unified School District Attest: John Rogers Secretary,Board of Trustees Atascadero Unified.School District [ATTACH NOTARY ACKNOWLEDGMEN1I 4 56 ITEM NUMBER A-7 DATE. 08/11109 E3CI-IIBIT"A" ATASCADERO CREED RESERVATION NO.2 PARCEL 1: ATASCADERC)CREEK.RESERVATION NO.2,OF ATASCADERO COLONY,IN THE CITY OF ATASCADERO,C OLN TY OF SAN LUIS OBISPO,STATE OF CL AIFORNIA,ACCORDING TO MAP RECORDED IN BOOK 4 PAGE 67A OF MAPS,.IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS. BE GINNING AT.A POINT COMMON TO LOTS 9 AND 12 IN ADMINISTRATION PARK AND ATASCADERO CREEK RESERVATION NOS.2 AND 1.A;SAID POINT SEARING NORTI i 28°37'EAST FOR A DISTiANCE OF 47.92 FEET FROM THE EASTERN B OUNDAKY LINE OF LOT NO.11,ADM"STRATTONPARK; "THENCE.ALONG A LINE COMMON TO ATASCADERO CREEK RESERVATION NO.2 AND 1-A,SOUTH 28'37'EAST,154.20 FEET TO A POINT"COMMON TO ATASCADERO CREED RESERVAMON NOS.2 AND 14,AND LOT NO.6,LIPS RESIDENCE PARK;THENCE ALONG THE EASTERN SIDE OF ATASCADERC) CREEK SOUTH 25°36'EAST„37.20 FEET;TI-IENCF: SO=45°36'EAST,,97.34 FEET;THENCE OSUni 67°16'EAST,88.00 FEET;THENCE SOUTH 41°16'EAST, 13&00.FEET;THENCE SOUTH 33"IC EAST 96.00 FEET;TI-ENCS SOUTH 191,56' EAST,248.50 FEET;THENCE SOUTH 01-56 EAST,140.OD FEET;THENCE SOUTH 31004'VEST,100,00 FEET;THENCE SOUTH 19*04"WEST,140:00 FEET;THENCE SOUTH26°44"IXrEST,180.00 FEET;THENCE SOUTH 62°34'WEST,1 IAS FEET TO A POINT COMMON TO AT.fSSCADFRO CREEK RESERVATION NOS.2 AND 3 AND LOTS 2 AND 3,HOTEL PARK,THENCE ALONG A TINE ODM4vION TO ATASCADERO CREEK RESERVATION NOS.2 AND 3,NORTH61°23'WEST, 117.10 FEET TO fA POINT COMMON TO ATASCADERO CREEK RESERVATION NOS.2 AND 3 AND TATS 3 AND 9 ADNIINIS'MTION PARK;THENCE NORTH 73°3V M.AST,11.53 FEET;THENCE NOKM 62°30'EAST',152.00 PEEL;T' NCE NORTH46030'EAST,59.00 FEET;THENCE NORTI-1.19°30'EAST,128.00 FELT; THENCE NORTH 31°30'EAST,1.23.0 FEET;THENCE NORTH 7°30'EAST,94.0 FEET;THENCE NORTH.01°30'WEST,199.11 FEET;THENCE NORTH 55°20' WEST,89.19 FEET,THENCE NORTH 61020'MST,204.40 FEET;THENCE NORTH 79020'WEST,4 3.80 FEET TO THE PNCE OF BEGIM'ZNG. APN. 029 104.003 5 57 ITEM NUMBER A -7 DATE 08/11/09 9 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by quitclaim Beed dated ,2009,from the BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED SCHOOL DISTRICT to the CITY OF ATASCADERO, a municipal corporation,is hereby accepted by the undersigned officer,or agent can behalf of the City of Atascaderor pursuant to authority conferred by resolution of the City Council of the City ofAtascadero adopted on 2009 and the CITY OF ATASCADERO consents to recordation thereof by its duly authorized otti,cer or agent. Executed on ,2009,at Atascadero, California Wade G.McKinney City Manager City ofAtasaadero 3:4wdocs�SNC}g09b4t+duu�4D018554SboC fi N"001 58 ITEM NUMBER A 7 DATE. 08/11/09 EX BIT B RECORDING REQUESTED BY. Jerome NL Behrens,Esq. Lozano Smith 7404 North Spalding Avenue Fresno,CA 93720-3370 WHEN RECORDED MAIL TCO. Jerome M Behrens,Esq. Lozano Smizla. 7404 North Spalding Avenue Fresno,CA 93720.3370 Space Above Line for Recorder's Use QUITCLAIM DEED The undersigned grantoa(s)declare(# Documentary transfer tax is$0.00 ( j computed on full value of propertyconveyed,or ( )computed on full value less value of liens and encumbrances remaining at tune of sale. ( }unincorporated area: ( )tory of ,and FOR.A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,the ATASCAIDERO UNITED SCHOOL DISTRICT,a public school district formed under the laws of the Stare of California,herby grants to the aTY OF ATASC:ADERO,a municipal corporation o%w=ed and existing under the laws of the State of C;alifortnia,the following described.real property i n the County of San Luis Obispo,State of California: E)URBIT"A"INCORPORATEID I-iF',REIN BY THIS REFERENCE Dated: ,2€09 Tiarni Gunther President,Board of Trustees Arascadero Unified School.Dtstnct Attest. John Rogers Secretary,Board of Trustees Atascadero Unified School District [ATTACH NOTARY ACKNOWLEDGMENT) 7 59 ITEM NUMBER A-7 DATE 08/11/09 EXHIBIT"A LOT 3(BOW TIE) A portion of Lot 3,as shown on.Amcndment"D"to the Map of Atascadero,in the City of Atascadero,County of San Luis Obispo,State of California,filed in Book 4, Page 67A of Maps,later shown on Amendment"N"to the M ap of Atascadero,filed in Book 4,Page 67C of Maps,in the Office of the County Recorder of said County BOUNDED ON THENORTHWEST by the southeasterly and southerly lines of Lots A,B and C of Lot Line Adjustment 80-1 as described in document number 22619 recorded June 4, 1%0,in Volume 2244,Page 295 of Official Records of said County BOUNDED ON THE NOItTHEAST by the southeasterly extension of the northeasterly line of said Lot A, BOUNDED ON THE SOUTHWEST by the southeasterly extension of tbe ;outbwesterly line of said Lot C; BOUNDED ON THE SOUTHEAST by the line between said Lot 3 and Atascadero Creek Reservation No.3,as shown on said Amendment 'N" The above described portion of said Lot 3,Administration Park,is shown on EXHIBIT B,attached hereto and made a part hercof. fi 60 ITEM NUMBER A-7 DATE. 08/11/09 f f � EXHIBIT B // �7ptyh Lot 6 � 4 5 4U67A GatLot Ie ^reO Of ! G Description BOUNDUThlYi1C PARR 3 y; BOUND Pu Napo, �t a ykrca w AS 0430Aexh UL3H prn Fuge 2 of 2 61 ITEM NUMBER. A- 7 DATE 08/11/09 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by quitclaim deed dated 2009,frorn the BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED SCI-TOOL DISTRICT to the CITY OF ATASCADERO, a municipal corporation,is hereby accepted by the undersigned officer or agent on behalf of the City of Atascadero pursuant to authority conferred by resolution of the City Council of the City of Atascadero adopted on ,2009 and the CITY OF ATASCADERO consents to recordation thereof by its duly authorized officer or agent. r,xe;cutcd on 2009 at Atascadero,California Wade G. McKinney City Manager City of Atascadcro J.Awdocs4MOM 10=6*195545WC 10 62 ITEM NUMBER A-7 DATE 08/11/09 14w, EXIMBI'r C RECORDING REQUESTED BY Jerome M.Behrens,Esq. Lo=o Smith 7404 North Spalding Avenue Fresno,CA 93720-3370 WHEN RE CORDE 1)MAIL TO: Jerome Nt Behrens,Esq. Lozano Smith 7404 North Spalding Avenue Fresno,CA 93720-3370 Space Above Line for Recorder's Use QUITCLAIM DEED The undersigned grantor(s)declare(s): Docummtarytmnsferm is$0.00 computed on full value of property conveyed,or computed on full value less value of hem and encumbrances remaining at time of sale. unincorporated area: ( )cityof ,and FOR A VALUABLE OOM IDERAnON,receipt of which is hereby acknowledged,the ATASCADERO UNIFIED SaiOOL DISTRICT,a public school district formed under the laws of the State of California,hereby grants to the aTYOF ATASCADERO,a nxnicipal corporation organized and existing under the laws of the State of California,the follovang described rL-J property in the County of San Luis Obispo,State of California: EXI-EBIT'A7 INMRPORKIED EEREIN BY THIS REFERE NCF- Dated: 2009 Tauri Gunther President,Board of Trustees Atascadero Unified School District Attest jolui Rogers Secretary Board of Trustees Amscadero Uaied School Distna [ATTACH NOTARY ACKNOVUMEN13 II 63 ITEM NUMBER A 7 DATE 08/11/09 EXHIBIT A� ATASCADERO CREEK RE,SERVATION N 0 5 PARCEL ATASCADERO CREEK RESERVATION NO 5,OF ATASCADERO COLONY, IN THE CITY OF ATASCADER.O COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA,ACCORDING TO MAP RECORDED IN BOOK 4 PAGE 31 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF ATASCADERO IN DOCUMENT RECR.ODED JULY 2, 1992 AS INSTRUMENT NO 1992AS404 OF OFFICIAL RECORDS,DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY OF SAN ANDRES AVENUE WITH THE WESTERLY LINE OF LOT 1,BLOCK D-B,A.TASCAD'gRO COLONY, THENCE NORTH 97620'WEST,ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 18.00 FEET TO T14B TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID NORTH RIGHT FO WAY,NORTH 87'20'WEST A DISTANCE OF 22.36 FEET,THENCE DEPARTING FROM SAID RIGHT OF WAY NORTH 64050 EAST A DISTANCE OF 20.00 FEET THENCE SOUTH 25' 10'EAST",A DISTANCE OF 10-00 FEET TO SAID NROTH RIGHT OF WAN AND THE TRUE-POINT Or BEGINNING. APN 030-371-014 12 64 ITEM NUMBER A- 7 DATE 08/11/09 CERTMCATE OF ACCEPTANCE This is to certify that the interest in Teal property conveyed by quitclaim ,deed dated 2009 from the BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED SCHOOL DISTRICT to the,CITY OF ATASCADERO, a municipal corporation,is hereby accepted by the undersigned officer or agent on behalf of the City of Atawadero purpant to authority conferred by resolution of the City Council ofthe City of Alascadero adopted on 2009 and the CITY OF ATASCADERO consents to recordation thereof by its duly authorized officer or agent. Executed�n 12009,at Atascadero,California Wade G McKinney, City N4anager City of A-tascadero vftw 65 ITEM NUMBER. A-8 DATE 08/11/09 n leis ■ t9 8 Atascadero City Council Agenda Report - Public Works Department Temporary Road Closure Lakeview Drive RECOMMENDATION Council adopt Draft Resolution approving a request by Michael Frederick Paving Corporation for a construction road closure, for 10 working days between August 19 and September 18th, for a water main extension project on Lakeview Drive and establishing a temporary tow-away zone during the hours of closure DISCUSSION At the City Council Meeting of June 23, 2009, Council approved a road closure for an Atascadero Mutual Water Company main extension project on Lakeview Drive that was to take place in July This project has been rescheduled necessitating a revised road closure request. Michael Frederick Paving Corporation has been contracted to construct the extension and will be responsible for advance notification and traffic control The closure is necessary as the roadway in this area is narrow and does not allow for vehicle traffic to pass safely through the construction area. The work is proposed to take place for 10 working days between August 19th and September 18th during the hours of 7 00 a.m to 5 00 p m Monday through Friday Informational signs will be installed at least one week in advance giving notice of the closure Access to the recreational areas at the west end of Lakeview will be maintained In addition, notification will be mailed to all affected residents FISCAL IMPACT None ATTACHMENTS Road Closure Map Draft Resolution 67 ITEM NUMBER A-8 DATE. 08/11/09 Road Closed To Thru Traffic Lakeview Drive at Portola Road CONSTRUCTI �.s Grafi+ �✓�y. Estimated 10 Days of Construction Closure Between August 19th — September 18th Monday through Friday 700am — 5-OOpm Atascadero Mutual Water Company Line Extension 68 ITEM NUMBER A-8 DATE 08/11/09 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ESTABLISHING ATEMPORARY TOW-AWAY ZONE AND STREET CLOSURE BE IT RESOLVED by the City Council of the City of Atascadero that the following street will be closed at the times indicated and that a tow-away zone will be established during the hours of closure for Atascadero Mutual Water Company construction project activities August 19, 2009—September 18, 2009 When Posted (Maximum 10 Working Days) Monday through Friday 7.00 a.m. —5.00 p.m. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held on the 11th of August, 2009 ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, City Clerk Ellen Beraud, Mayor APPROVED AS TO FORM. Brian A. Pierik, City Attorney 69 'wlr/ 70 ITEM NUMBER B -1 DATE. 08/11/09 n 1918 ■ 19?9 d A'��EB+oj Atascadero City Council Staff Report - Community Development Department PLN 2099-0997 Zone Text Change 2003-0058 Amendment Amendment to PD-23 Standards to Allow Indoor Recreation and Amusement Services (West Front Village, LLC) (Proposed PD 23 Zone Text Change to allow indoor recreation services and amusement services in the business park portion of PD-23 with specific parking requirements) RECOMMENDATION Planning Commission Recommends Council Introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2003-0058 Amendment (PLN 2099-0997) amending the Planned Development 23 Overlay District Text to add indoor recreation services and amusement services to the allowed uses in the business park portion of PD-23 with special parking requirements, based on findings REPORT-IN-BRIEF The proposed Zone Text Change includes and amendment to the Planned Development 23 (PD-23) overlay district text (Atascadero Municipal Code Section 9- 3 668) to include indoor recreation services and amusement services in the allowed uses in the business park portion of the PD-23 Master Plan of Development, with specific parking requirements Planning Commission Hearing The Planning Commission held a public hearing for the proposed Zoning Text Change on June 16, 2009, to consider recommending the proposed project amendments to the City Council The Planning Commission voted to recommend approval on a 6-0 vote 71 ITEM NUMBER B - 1 DATE. 08/11/09 At the hearing, concerns were raised by representatives from the Holiday Inn, located �?n the adjacent property The Holiday Inn representatives had concerns about the compatibility of the laser tag and arcade business with the existing hotel, specifically in relation to potential nighttime noise and the late hours of operation on weekends The laser tag operator said that the business may be open until midnight on weekends No conditions were added by the Planning Commission in regards to noise limitations or hours of operation The applicant (Richard Shannon with West Front Village, LLC) has informed staff that he is currently working with the Holiday Inn to resolve these concerns, but no agreement has been reached as of the writing of this report. Mr Shannon is planning to submit a letter to the City Council prior to the hearing regarding his discussions with the Holiday Inn representative LProposLedla!ser tag & t c DTR) ETR) e Driveway on a ad'acent lot _1 i 3 �] 09 L n i i=: ,...... .J... ... . Site plan showing laser tag &arcade business in relation to the Holiday Inn 72 ITEM NUMBER B 1 DATE 08/11/09 DISCUSSION Situation and Facts 1 Property Owner/Applicant: West Front Village, LLC 1301 Chorro Street San Luis Obispo, CA 93401 2 Project Address 9020 West Front, Atascadero, CA 93422 (San Luis Obispo County) APN 056-131-025 through 033 4 General Plan Designation General Commercial (GC) 5 Zoning District: Commercial Retail (CR) w/ PD-23 overlay 6 Site Area. +/- 13,000 square feet (business park parcels only) 7 Existing Use Business park sites currently vacant 8 Environmental Status Consistent with previously certified Mitigated Negative Declaration 2005-0165 Background. West Front Village was originally approved by City Council on September 27, 2005 The original project approval included a General Plan Amendment and Zone Change to establish a mix of medium density multi-family, single-family residential and general commercial on the 13 35-acre site A Conditional Use Permit (Master Plan of Development) and Vesting Tentative Tract Map were approved for a 9 36-acre portion of the site ZCH 2003-0058 was approved to establish a Planned Development Overlay 23 (PD-23) Zoning District for the entire project area. The PD-23 includes specific requirements for parking, setbacks, and uses which are unique to the property and are required in addition to the underlying commercial and residential zoning on the property Several amendments have been done on this project since 2005 to change features of the original project such as site layouts, commercial uses, lot lines, floor plans, and elevations The currently approved Master Plan of Development includes the following areas of use • Retail/ Fast Food/ Restaurant +/- 10,000 square feet • Hotel 79 Rooms • Business Park +/- 13,000 square feet • Residential 32 Residences (mix attached & detached) wr The project site fronts both West Front Road and Portola Road The commercial 73 ITEM NUMBER B -1 DATE 08/11/09 portion is oriented towards Highway 101 with primary access off West Front and a second entrance near the corner of Portola Road The residential uses take access off of Portola Road and are located behind the commercial use The business park is located behind the hotel site and takes access from West Front via an access easement over a common driveway owned by the adjacent commercial properties Construction on the project is underway on many of the parcels The Holiday Inn Express was constructed last year and opened in July of 2008 The Jack in the Box recently completed construction On-site and off-site improvements, including a majority of the streets and driveways, sidewalks, curbs, drainage basins, and utilities have been installed on the commercial and residential lots Preliminary grading has been done for the entire Master Plan of Development. g 4 Residential a '0011 Ac A Business ; =1 1= I b ParkA «R) �auw 15 11 1 q =J 1I LII 9 I . m( � I ' 16 / I 25 A(R , 1141",- l I 3 -- ,.....r.... L t EXIST HOLDAY NN EAKE39 — 1_ l- f' T-- U- Commercial Retail - !' ,. .... ..� wesrrRWrnoAo alcor: Approved West Front Master Plan of Development Analysis. The site owner, West Front Village, LLC, is currently working with a potential tenant who is interested in opening a laser tag and arcade business in the business park portion of the West Front project. The business park area is located directly behind the Holiday Inn off a shared driveway on the neighboring property Laser tag is categorized as "indoor recreation services" and an arcade is categorized as "amusement services" in the Atascadero Municipal Code (AMC Section 9-3 701 Land Use Descriptions ) The PD-23 text (AMC Section 9-3 668) which was established with original project in 2005 identifies which uses are allowed and conditionally allowed in both the commercial and business park portions of the Master Plan of Development. Since indoor recreation and 74 ITEM NUMBER B- 1 DATE. 08/11/09 amusement services are not currently identified as either allowed or conditional uses in ' the PD-23, the site owner has submitted an application to amend the PD-23 code text to allow indoor recreation services and amusement services as allowed uses in the business park portion of the PD-23 Master Plan of Development. If approved, the laser tag and arcade business would be allowed to operate on the subject site behind the Holiday Inn A preliminary site plan for the entire West Front project was approved with the Master Plan of Development in 2005 Two buildings were approved for the business park portion of project, totaling a combined area of approximately 13,000± square feet of floor area. Corresponding elevations were approved for the design of the facades Thirty-three (33) parking spaces were provided within the business park with the preliminary site plan, creating a parking ratio of 1 parking space per 400 square feet of floor area. Section 9-4118 of the Atascadero Municipal Code identifies specific parking requirements for different types of uses Warehouses and other low intensity uses require parking ratios around 1 space per 500 square feet. Higher intensity uses require more parking Amusement services, such as arcades, require 1 parking space per 100 square feet of floor area (AMC Section 9-4 118) In order to provide additional parking on the business park site for the proposed laser tag and arcade business, additional parking is proposed to be provided in place of loading zone in front of the industrial roll up doors on the buildings This would bring the total on-site parking up to 42 total spaces, with a parking ratio of approximately 1 space per 300 square feet of floor area. 1 spaces per 300 square feet is the requirement for traditional retail space, and it is staff's opinion that this amount of parking will be sufficient for the proposed use within the approved buildings The code text of the PD-23 is proposed to be amended to reflect this parking layout: (g) Parking for the commercial and hotel use areas shall total the combined required parking spaces shared among each use, as identified in the master plan of development. All uses within the business park area shall provide parking as shown on the Master Plan of Development, with the exception of indoor recreation and amusement services which shall provide parking at a ratio of no less than 1 space per 300 square feet of floor area. The parking lot layout, site plan, and elevations are consistent with the approved Master Plan of Development. A finding has been included in the attached Resolution which states that the characteristics of the proposed indoor recreation and amusement park uses and/or the immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by AMC section 9-4 115, and therefore, reduced parking as proposed, will be adequate to accommodate all of the on-site parking needs generated by the use Access from shared driveway Y X94 b�. --- --- ---.------ 75 ITEM NUMBER B 1 DATE 08/11/09 Proposed Environmental Determination , The City Council certified the Mitigated Negative Declaration for the West Front project on September 27, 2005 The proposed Zone Text Change Amendment is consistent with the original Certified Mitigated Negative Declaration 2005-0165 Conclusion. A Zone Text Change has been submitted to amend Planned Development 23 (PD-23) overlay zone text (Section 9-3 668 of the Atascadero Municipal Code) to allow indoor recreation services and amusement services as allowed uses in the business park portion of the PD-23 Master Plan of Development. This would allow for a laser tag and arcade business to operate on the site Specific parking requirements are proposed to be included in the amended PD-23 text. The parking lot layout, site plan, and elevations are consistent with the approved Master Plan of Development. The proposed text amendments are consistent with the General Plan, which is implemented by the Zoning Ordinance The Planning Commission held a public hearing for the proposed Zoning Text Change on June 16, 2009, and voted to recommend approval on a 6-0 vote At the Planning Commission hearing, the Holiday Inn had concerns regarding potential noise and the hours of operation on the site The applicant is currently working with the Holiday Inn to try to resolve these concerns FISCAL IMPACT The project will have a minor positive fiscal impact to the City of Atascadero The proposed zone change will add an additional allowable commercial use and likely encourage a new business in town and the construction of a new building Sales tax revenues are expected to be minor, however, the construction of new commercial buildings will generate permit and capital impact fees ALTERNATIVES 1 The Council may make modifications to the project and/or conditions of approval for the project. 2 The Council may determine more information is needed on some aspect of the project and may refer the item back to the applicant, staff, or Planning Commission to develop the additional information The Council should clearly state the type of information required and move to continue the item to a future date 3 The Council may deny the Zone Text Change The Council should specify the reasons for denial of the project. 76 ITEM NUMBED B - 1 DATE 08/11/09 ATTACHMENTS Akw Attachment 1 Location Map, General Plan, and Zoning Attachment 2 Draft Ordinance A NOW 77 ITEM NUMBER B - 1 DATE 08/11/09 k1tachment 1 Location Map, General Plan and Zoning r i Business Park portion of West Front Planned Development: General Plan Designation. General Commercial Zoning District: Commercial Retail with Planned Development 23 overlay i Existing Designations. iN General Plan General Commercial i Zoning Commercial Retail Proposed Designations: ■ General Plan -General Commercial/Medium Density Residential/Single Family Residential X ■ Zoning-Commercial Retail/Residential Multi-family-10, E Residential Single Family—X/PD-23/Historic Overlay F" 01, ,r h .,, .r''`te�✓,•�;\ � '.. ` s „A '�'�� �� �' 1+ 'ip _ 1 �'•� }vii Business Park portion of t. West Front Master Plan of Development (subject site of Zone Text Change) v , v 78 ITEM NUMBER B - 1 DATE. 08/11/09 Attachment 2: Draft Ordinance A DRAFT ORDINANCE A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE SECTION 9-3.668 BY APPROVING AN AMENDMENT TO ZONE CHANGE 2003-0058 TO AMEND PLANNED DEVELOPMENT OVERLAY DISTRICT #23 TEXT APN 056-131-131 through 056-131-033 9020 West Front Road (West Front Village, LLC) The City Council hereby finds and declares as follows WHEREAS, an application has been received from West Front Village, LLC (1301 Chorro Street, San Luis Obispo, CA 93401), Property Owner and Applicant, to consider a project consisting of a Zone Code Text Amendment to change the PD-23 (Planned Development #23) zoning text to add indoor recreation services and amusement services to the allowed uses in the business park portion of the project, with a specified parking requirements, at 9020 West Front Road(APN 056-131-131 through 056-131-033), and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics, and, WHEREAS, an the Zone Code Text Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2005-0165 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA), and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing and commercial opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to, and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text *#Ar Change application was held by the Planning Commission of the City of Atascadero at which 79 ITEM NUMBER B 1 DATE 08/11/09 hearnp g evidence oral and documentary was admitted on behalf of said zoning amendments, and. WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on June 16, 2009, studied and considered Zone Change 2003-0058 Amendment, after first studying and considering Certified Mitigated Negative Declaration 2005-0165, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on August 11, 2009, studied and considered Zone Change 2009-0152, after first studying and considering Certified Mitigated Negative Declaration 2005-0165, and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HERESY ORDAINS AS FOLLOWS SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows 1 The Planning and Zoning text change is consistent with General Plan policies and all other applicable ordinances and policies of the City 2. Amendment of the Planned Development Overlay#23 (PD-23) standards will provide for the orderly and efficient use of lands where such development standards are applicable. 3 The text change will not, in itself, result in significant environmental impacts. 4 The characteristics of the proposed indoor recreation and amusement services uses and/or the immediate vicinity of the site do not necessitate the number of parking spaces, type of design, or improvements required by this AMC section 9-4 115, and therefore, reduced parking as proposed and previously approved with the Master Plan of Development, will be adequate to accommodate all parking needs generated by the allowed uses on the site SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on August 11, 2009, resolved to introduce for first reading by title only, an ordinance that would change the text of PD-23 consistent with the following: 80 ITEM NUMBER B - 1 DATE. 08/11/09 9-3.668 Establishment of Planned Development Overlay Zone No 23 (PD23). Planned Development Overlay Zone No 23 is established as shown on the official zoning maps (Section 9-1 102 of this title) A Planned Development Overlay Zone No 23 is established on parcels APN 056-131-015, 017, 018, and 019 with a combined gross acreage of 13.35 acres The maximum residential density within the planned development shall not exceed the following- fourteen (14) single family courtyard homes eighteen (18) multifamily duplex units (as shown on the master plan of development) The development standards contained within the master plan of development document(CUP 2003-0108), as conditioned, shall be applied to all future development within the project area, and as follows (a) The master plan of development(CUP 2003-0108)for the site shall be approved.All construction and development shall conform to the approved master plan of development, as conditioned. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development. (c) Each dwelling unit, landscaping, walls, and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development. (d) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development and as conditioned. (e) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties (f) `The residential lots shall provide parking based on the multifamily development parking standards set forth in the Atascadero Municipal Code A minimum of two (2) parking spaces shall be provided on each lot, either within the garage or in the driveway of the unit. A minimum of one (1) guest parking space shall be provided on each lot in addition to any garage parking. A dedicated residential parking area shall be provided to meet the overall Atascadero Municipal Code multifamily parking requirements On-street parking shall not be used to satisfy the parking requirements" (g) Parking for the commercial and hotel use areas shall total the combined required parking spaces shared among each use, as identified in the master plan of development. All uses within the business park area shall provide parking as shown on the Master Plan of Development, with the exception of indoor recreation and amusement services which shall provide parking at a ratio of no less than 1 space per 300 square feet of floor area. (h) All landscaping shown on the approved landscape plan will be installed by the developer and shall be permanently maintained as approved. (i) Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area. (j)Trash for the commercial uses shall be stored within the designated receptacle area and shall include recyclable waste (k) All utilities, including electric,telephone and cable, along the frontage of and within the PD shall be installed underground. (1) Alterations, additions, or conversions to established dwelling units and/or commercial buildings shall be subject to the density and site development standards of the underlying zone and shall be fir► reviewed pursuant to the City's Appearance Review Guidelines 81 ITEM NUMBER B - 1 DATE 08/11/09 m) All trees shown to be protected on the approved master plan of development shall be NOW maintained. Native trees within the 3.99 acre SFR-X parcel APN 056-131-015 shall be preserved unless deemed hazardous and unsafe by a certified arborist. Any other future tree removal shall require approval per the requirements set forth in the Atascadero Native Tree Ordinance (o) Allowed uses for the commercial portion of the project fronting West Front shall be as prescribed as follows Allowable uses. !1) Building materials and hardware (see Section 9-6 165 of this title) (2) Food and beverage retail sales, (3) Furniture, home furnishings and equipment; (4) General merchandise stores, (5) Mail order and vending; (6)Temporary or seasonal sales (see Section 9-6.174 of this title), (7) Financial services, (8) Health care services, (9) Personal services, 10) Light repair services, X11) Eating and drinking places, (12) Horticultural specialties (see Section 9-6.116 of this title) (13) Business support services where all areas of use are located within a building; (14) Hotels and motels, (15) Schools (see Section 9-6.125 of this title), (16)Temporary events (see Section 9-6.177 of this title) "onditional uses. (1) Amusement services, (2) Bar/tavern, (3) Eating and drinking places with drive-through facilities; (4) Service station (see Section 9-6.164 of this title), (5) Public assembly and entertainment; (6) Indoor recreation services, (7) Animal hospitals (see Section 9-6.110 of this title), (8) Food and kindred products (see Section 9-6.128 of this title), (9) Indoor auto dealers (new and used) and supplies (see Section 9-6.163 of this title). (p)Allowed uses for the business park portion of the project behind the hotel shall be as prescribed as follows. Allowable uses. (1) Broadcast studios, (2) Building materials and hardware (see Section 9-6.165 of this title), (3) Furniture, home furnishings and equipment; (4) General merchandise stores, (5) Mail order and vending, (6)Temporary or seasonal sales (see Section 9-6.174 of this title), (7) Financial services, (8) Health care services, (9) Offices, (10) Small scale manufacturing; (11) Temporary offices (see Section 9-6.176 of this title), 82 ITEM NUMBER B- 1 DATE 08/11/09 (12) Personal services, (13) Light repair services, (14) Accessory storage (see Section 9-6.103 of this title), (15) Membership organizations, (16) Horticultural specialties (see Section 9-6 116 of this title) (17) Business support services,where all areas of use are located within a building; (18) Social and service organizations (19) Libraries and museums, (20) Amusement Services, (21) Indoor Recreation Services; and f2g)jg2j Temporary events (see Section 9-6.177 of this title) Conditionally allowable uses. (1) Indoor auto dealers (new and used) and supplies (see Section 9-6 163 of this title) (Ord. 486§ 2, 2005) SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote AYES NOES ABSTAIN ABSENT *NW 83 ITEM NUMBER B 1 DATE 08/11/09 CITY OF ATASCADERO By- Ellen Beraud, Mayor F_'�FEST lViarc a McClure Torgerson, C.M.0 , City Clerk APPROVED AS TO FORM. Brian Pienk, City Attorney 14000, 84 ITEM NUMBER: B-2 DATE. 08/11/09 n ieis R ie e Atascadero City Council Agenda Report - Public Works Department Atascadero Transit Fixed Route Fare Increase (Council requested to adopt Resolution establishing fare increase) RECOMMENDATION Council adopt Draft Resolution establishing a fare increase for the Atascadero Transit Fixed Route service in the amount of $ 0.25 in the General Public fare and $ 0 10 in the Discount fare for the elderly and persons with disabilities, effective September 1, 2009 DISCUSSION Since 2006, the City of Atascadero, in conjunction with the City of Paso Robles, has operated the North County Shuttle, a fixed route service operating hourly Monday through Friday from Paloma Park to Cuesta College with an abbreviated service on Saturdays This request is to increase the General Public fare from $1 00 to $1.25 and the Discount fare, available to the elderly and persons with disabilities, from $ 0 50 to $ 060 This is the first rate increase for this service Cuesta College students will continue to ride free due to a fare subsidy paid by the College The fare increase will help to offset increases in maintenance and contract costs associated with providing the service In addition, raising the Fixed Route fare to $1.25 will also meet a goal of all transit agencies in the County to standardize fares for local rides Per Federal Transit Administration regulations, workshops were held to provide the public with the opportunity to comment on the proposed increase This Public Hearing is also required to solicit comment and authorize the fare increase The City of Paso Robles has recently approved an identical fare increase 1 85 ITEM NUMBER B -2 DATE. 08/11/09 FISCAL IMPACT Transit services are funded through a combination of Federal and State transportation funding and the fare revenue collected from passengers It is estimated that, at the current level of ridership, the recommended fare increase will generate an additional $8,000 per year in fare box revenue ALTERNATIVES Council may change the proposed fares, and coordinate the proposed revision with the City of Paso Robles. ATTACHMENT Attachment 1 Draft Resolution 86 ITEM NUMBER, B -2 DATE. 08/11/09 Attachment 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING INCREASED TRANSIT FIXED ROUTE FARES WHEREAS, the City of Atascadero provides public transit services, and, WHEREAS, the fare increase will help to offset increases in maintenance and contract costs associated with providing the service and help maintain the required fare box ratio, and, WHEREAS, increasing the Fixed Route fare will meet a goal of all transit agencies in the County to standardize fares for local ndes and, WHEREAS, staff recommends that fixed-route transit fares be increased from $100 to $1.25 for the General Public and from $ 0.50 to $ 0 60 for Seniors and Disabled riders, and, WHEREAS, in accordance with Federal Transit Agency mandated policy on making changes to transit fares, publicized workshops were held on June 8 and 10, 2009, and a public hearing with the City Council was held on August 11 2009 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Atascadero to implement the fare changes as recommended by staff effective September 1, 2009 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, CA Ellen Beraud,Mayor 87 ITEM NUMBER B -2 DATE 08/11/09 ATTEST Marcia McClure Torgerson, C.M.0 , City Clerk APPROVED AS TO FORM. Brian Pienk, City Attorney 88 ITEM NUMBER B-3 DATE. 08/11/09 "m r e v ■ riM i 1"7 Atascadero City Council Staff Report- Fire Department Confirming the Cost of Vegetative Growth and/or Refuse Abatement RECOMMENDATION Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. DISCUSSION On April 28, 2009 Council adopted Resolution No 2009-022, declaring vegetative growth and/or refuse a public nuisance, and authorized the Fire Chief to proceed with the abatement process. On April 29, 2009 notices were mailed to property owners, informing them of the City's abatement requirements On May 12, 2009 a public hearing was held and Travis Hansen was awarded the contract for abatement of parcels which are not in compliance upon arrival following the June 1, 2009 deadline An itemized list of the abatement assessments were, by fiscal year, posted with the City Clerk and at the Fire Department — Station #1 on April 13, 2009 A total of 153 parcels were abated FISCAL IMPACT The City will receive $100,828 76 from the 2009/2010 property tax rolls in weed abatement/ refuse abatement assessments ATTACHMENTS Draft Resolution Abatement Assessments FY 08/09 Abatement Assessments FY 09/10 89 ITEM NUMBER B -3 DATE 08/11/09 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CONFIRMING THE COST OF VEGETATIVE GROWTH/REFUSE ABATEMENT WHEREAS, the Government Code of the State of California, Section 39500, et seq., provides that cities may declare vegetative growth (weeds) and refuse (rubbish) a public nuisance for the purpose of vegetative growth (weeds) and refuse (rubbish) abatement; and, WHEREAS, the Atascadero City Fire Department did abate said nuisances within the provision of the Government Code, Section 39500, et seq , and, WHEREAS, the cost of the work of abatement, including a 150% administrative fee, as shown on the Preliminary Special Tax Listing for 2009/2010 Tax Roll was submitted in accordance with Government Code Section 39574, and, WHEREAS, the Council of the City of Atascadero received the cost report and held a hearing to receive objections of any property owners liable to be assessed for the work of abatement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. That the report of abatement costs is confirmed as presented, and, SECTION 2. That the costs of abatement constitutes a special assessment against the described parcels and shall be a lien on the property in accordance with Government Code Section 39577, and, SECTION 3. That the City Clerk is hereby directed to transmit to the proper officials of the County, a certified copy of the report for filing. On motion by Council 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- 90 ITEM NUMBER B -3 DATE 08/11/09 +%WW CITY OF ATASCADERO By- Ellen Beraud,Mayor ATTEST Marcia McClure Torgerson, C.M.C. City Clerk APPROVED AS TO FORM. Brian A. Pierik, City Attorney 91 ITEM NUMBER B 3 DATE 08/11/09 Abatement Assessments City Fiscal Year 08/09 County Fiscal Year 09/10 Tax roll TOTAL COST DATE OF CONTRACTOR OF COUNTY TOTAL ABATEMENT APN FEE ADM FEE ABATEMENT FEE ASSESSMENT 6/29/09 028-042-050 $ 300.00 $ 45000 $ 75000 $ 2.00 $ 752.00 6/19-22/09 028-241-015 $ 72000 $ 1,08000 $ 1,80000 $ 2.00 $ 1,802.00 6/30/09 028-292-013 $ 18000 $ 27000 $ 45000 $ 2.00 $ 452.00 6/29/09 028-301-012 $ 66000 $ 99000 $ 1,65000 $ 2.00 $ 1,652.00 6/29/09 028-332-040 $ 6000 $ 9000 $ 15000 $ 2.00 $ 152.00 6/29/09 028-381-017 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/18/09 029-024-014 $ 6000 $ 90.00 $ 15000 $ 2.00 $ 152.00 9/17/08 029-222-018 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/18/09 029-253-007 $ 12000 $ 180.00 $ 30000 $ 2.00 $ 302.00 ,4800° 6/18/09 029-281-020 $ 6000 $ 9000 $ 15000 $ 2.00 $ 152.00 6/18/09 029-302-014 $ 6000 $ 90.00 $ 15000 $ 2.00 $ 152.00 6/18/09 029-323-019 $ 6000 $ 90.00 $ 15000 $ 2.00 $ 152.00 6/18/09 029-371-021 $ 30000 $ 450.00 $ 75000 $ 2.00 $ 752.00 6/19/09 030-021-002 $ 6000 $ 9000 $ 15000 $ 2.00 $ 152.00 9/17/08 030-172-017 $ 69.50 $ 104.25 $ 173.75 $ 2.00 $ 175.75 6/2/09 030-261-011 $ 30000 $ 45000 $ 750.00 $ 2.00 $ 752.00 6/2/09 030-261-014 $ 30000 $ 45000 $ 750.00 $ 2.00 $ 752.00 6/2/09 030-261-019 $ 12000 $ 180.00 $ 30000 $ 2.00 $ 302.00 6/2/09 030-261-021 $ 12000 $ 180.00 $ 30000 $ 2.00 $ 302.00 6/24/09 030-283-007 $ 24000 $ 36000 $ 60000 $ 2.00 $ 602.00 7/8/08 030-283-007 $ 541.50 $ 812.25 $ 1,353.75 1 $ 1 00 $ 1,35475 J2 ITEM NUMBER. B -3 DATE. 08/11/09 TOTAL COST DATE OF CONTRACTOR OF COUNTY TOTAL ABATEMENT APN FEE ADM FEE ABATEMENT FEE ASSESSMENT 6/23/09 030-283-008 $ '60000 $ 900.00 $ 1,50000 $ 200 $ 1,502.00 7/8/08 030-283-008 $ 541.50 $ 812.25 $ 1,35375 $ 1 00 $ 1,354 75 6/26/09 030-482-001 $ 30000 $ 45000 $ 75000 $ 2.00 $ 752.00 6/22/09 030-511-001 $ 24000 $ 36000 $ 60000 $ 2.00 $ 602.00 6/25/09 031-161-038 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/25/09 031-161-044 $ 540.00 $ 81000 $ 1,35000 $ 2.00 $ 1,352.00 7/9 &30/08 031 244-010 $ 625.50 $ 938.25 $ 1,563.75 $ 2.00 $ 1,565.75 6/25/09 031 244-010 $ 42000 $ 63000 $ 1,05000 $ 2.00 $ 1,052.00 6/22/09 045-321-020 $ 660.00 $ 99000 $ 1,65000 $ 2.00 $ 1,652.00 6/18/09 045-321-021 $ 6000 $ 9000 $ 15000 $ 2.00 $ 152.00 12/13/08 045-321-022 $ 695.00 $ 1,042.50 $ 1,737.50 $ 2.00 $ 1,739.50 6/18-23/09 045-321-022 $ 54000 $ 81000 $ 1,35000 $ 2.00 $ 1,352.00 6/19/09 045-352-001 $ 24000 $ 36000 $ 60000 $ 2.00 $ 602.00 6/18/09 045-391-020 $ 18000 $ 27000 $ 45000 $ 2.00 $ 452.00 7/31/08 045-441-043 $ 59075 $ 88613 $ 1,47688 $ 0.99 $ 1,477.87 6/24/09 045-441-043 $ 360.00 $ 54000 $ 90000 $ 2.00 $ 902.00 7/31/08 045-441-045 $ 590.75 $ 88613 $ 1,476.88 $ 1 00 $ 1,477.88 6/24/09 045-441-046 $ 48000 $ 72000 $ 1,200.00 $ 2.00 $ 1,202.00 6/10/09 049-047-001 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-002 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-003 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-004 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-005 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-006 $ 120.00 $ 18000 $ 300 00 $ 2.00 $ 302.00 93 ITEM NUMBER B-3 DATE 08/11/09 TOTAL COST vaof DATE OF CONTRACTOR OF COUNTY TOTAL ABATEMENT APN FEE ADM FEE ABATEMENT FEE ASSESSMENT 6/10/09 049-047-007 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10-09 049-047-008 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-009 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-010 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-011 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 . 6/11/09 049-047-012 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 . 6/11/09 049-047-013 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/11/09 049-047-014 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/11/09 049-047-015 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/11/09 049-047-016 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/11/09 049-047-017 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/11/09 049-047-018 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-019 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-020 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-021 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-022 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-023 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-024 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10-09 049-047-025 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/10/09 049-047-026 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 302.00 6/16/09 049-071-017 $ 720.00 $ 1,08000 $ 1,80000 $ 2.00 $ 1,802.00 6/9/09 049-082-015 $ 180.00 $ 27000 $ 450.00 $ 2.00 $ 452.00 6/9/09 049-082-016 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 94 ITEM NUMBER B -3 DATE 08/11/09 TOTAL COST *401W DATE OF CONTRACTOR OF COUNTY TOTAL ABATEMENT APN FEE ADM FEE ABATEMENT FEE ASSESSMENT 7/29/08 049-104-002 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/30/09 049-104-002 $ 18000 $ 27000 $ 45000 $ 2.00 $ 452.00 7/29/08 049-104-006 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/11/09 049-104-006 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 7/29/08 049-104-007 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 . 6/11/09 049-104-007 $ 12000 $ 18000 $ 300.00 $ 2.00 $ 302.00 7/29/08 049-104-010 $ 139.00 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/11/09 049-104-010 $ 120.00 $ 18000 $ 300.00 $ 2.00 $ 302.00 7/29/08 049-104-011 $ 13900 $ 208.50 $ 34750 $ 2.00 $ 349.50 6/11/09 049-104-011 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 302.00 7/29/08 049-104-012 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/11/09 049-104-012 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 302.00 7/29/08 049-104-013 $ 139.00 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/11/09 049-104-013 $ 120.00 $ 180.00 $ 30000 $ 2.00 $ 302.00 7/29/08 049-104-014 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/11/09 049-104-014 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 7/29/08 049-104-017 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/12/09 049-104-017 $ 120.00 $ 18000 $ 300.00 $ 2.00 $ 302.00 7/29/08 049-104-019 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/12/09 049-104-019 $ 120.00 $ 18000 $ 300.00 $ 2.00 $ 302.00 7/29/08 049-104-021 $ 139.00 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/12/09 049-104-021 $ 12000 $ 18000 $ 300.00 $ 2.00 $ 302.00 7/29/08 049-104-022 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/12/09 049-104-022 $ 18000 $ 27000 $ 45000 $ 2.00 $ 452.00 95 ITEM NUMBER B -3 DATE 08/11/09 TOTAL COST DATE OF CONTRACTOR OF COUNTY TOTAL ABATEMENT APN FEE ADM FEE ABATEMENT FEE ASSESSMENT 7/30/08 049-104-023 $ 13900 $ 208.50 $ 34750 $ 2.00 $ 349.50 6/12/09 049-104-023 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 7/30/08 049-104-024 $ 13900 $ 208.50 $ 34750 $ 2.00 $ 349.50 6/12/09 049-104-024 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 7/30/08 049-104-025 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/12/09 049-104-025 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 7/30/08 049-104-026 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/12/09 049-104-026 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 7/30/08 049-104-031 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/11/09 049-104-031 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 7/30/08 049-104-032 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/11/09 049-104-032 $ 12000 $ 18000 $ 30000 $ 2.00 $ 302.00 6/12 15/09 049-112-005 $ 96000 $ 1,44000 $ 2,40000 $ 2.00 $ 2,402.00 6/5/09 049-112-018 $ 54000 $ 81000 $ 1,35000 $ 2.00 $ 1,352.00 6/15/09 049-112-019 $ 36000 $ 54000 $ 90000 $ 2.00 $ 902.00 6/16/09 049-112-027 $ 6000 $ 9000 $ 15000 $ 2.00 $ 152.00 6/16/09 49-151-005 $ 72000 $ 1,08000 $ 1,80000 $ 2.00 $ 1,802.00 6/16/09 049-151-036 $ 180.00 $ 27000 $ 45000 $ 2.00 $ 452.00 6/16/09 049-151-052 $ 48000 $ 72000 $ 1,200 00 $ 2.00 $ 1,202.00 6/17/09 049-271-001 $ 42000 $ 63000 $ 1,05000 $ 2.00 $ 1,052.00 6/17/09 049-271-024 $ 18000 $ 27000 $ 45000 $ 2.00 $ 452.00 6/17/09 049-281-005 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 302.00 6/9/09 049-311-016 $ 180.00 $ 270.00 $ 45000 $ 2.00 $ 452.00 6/9/09 049-311-017 $ 18000 $ 270.00 $ 45000 $ 2.00 $ 452.00 96 ITEM NUMBER B - 3 DATE. 08/11/09 TOTAL COST wr►' DATE OF CONTRACTOR OF COUNTY TOTAL ABATEMENT APN FEE ADM FEE ABATEMENT FEE ASSESSMENT '8/7/08 050-021-037 $ 13900 $ 208.50 $ 347.50 $ 2.00 $ 349.50 6/17/09 050-021-037 $ 300.00 $ 45000 $ 75000 $ 2.00 $ 752.00 6/17/09 050-031-051 $ 60.00 $ 9000 $ 15000 $ 2.00 $ 152.00 6/9/09 050-081-001 $ 240.00 $ 36000 $ 60000 $ 2.00 $ 602.00 6/9/09 050-091-020 $ 180.00 $ 27000 $ 45000 $ 2.00 $ 452.00 6/9/09 050-091-021 $ 18000 $ 27000 $ 45000 $ 2.00 $ 452.00 6/16/09 050-151-028 $ 60.00 $ 90.00 $ 15000 $ 2.00 $ 152.00 6/17/09 050-162-016 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 302.00 6/8/09 050-203-004 $ 18000 $ 27000 $ 45000 $ 2.00 $ 452.00 6/6/09 050-221-031 $ 1,200.00 $ 1,80000 $ 3,00000 $ 2.00 $ 3,002.00 6/8/09 050-242-015 $ 240.00 $ 36000 $ 600.00 $ 2.00 $ 602.00 6/8/09 050-262-020 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 302.00 6/8/09 050-262-021 $ 30000 $ 45000 $ 75000 $ 2.00 $ 752.00 6/4/09 050-312-009 $ 780.00 $ 1,17000 $ 1,95000 $ 2.00 $ 1,952.00 6/4/09 050-312-013 $ 300.00 $ 45000 $ 75000 $ 2.00 $ 752.00 6/3/09 050-312-017 $ 600.00 $ 900.00 $ 1,50000 $ 2.00 $ 1,502.00 6/4/09 050-341-006 $ 54000 $ 81000 $ 1,35000 $ 2.00 $ 1,352.00 6/3/09 050-362-006 $ 780.00 $ 1,17000 $ 1,95000 $ 2.00 $ 1,952.00 6/25/09 056-091-051 $ 300.00 $ 450.00 $ 75000 $ 2.00 $ 752.00 10/8/08 056-181-016 $ 41700 $ 625.50 $ 1,042.50 $ 2.00 $ 1,044.50 6/26/09 056-312-007 $ 180.00 $ 27000 $ 45000 $ 2.00 $ 452.00 6/26/09 056-322-024 $ 360.00 $ 54000 $ 90000 $ 2.00 $ 902.00 $ - $ 33,251.50 $49,877.26 $ 83,128.76 $ 271.99 $ 83,400 75 97 ITEM NUMBER B -3 DATE 08/11/09 Abatement Assessments City Fiscal Year 09/10 County Fiscal Year 09/10 Tax Roll TOTAL COST DATE OF CONTRACTOR OF COUNTY TOTAL ABATEMENT APN FEE ADM FEE ABATEMENT FEE ASSESSMENT 031-112 7/9/09 005 $ 24000 $ 360.00 $ 60000 $ 200 $ 60200 031-121- 7/8/09 001 $ 60000 $ 900.00 $ 1,500.00 $ 200 $ 1,502.00 031-124- 7/9/09 001 $ 24000 $ 360.00 $ 60000 $ 200 $ 60200 031-222- 7/9/09 013 $ 30000 $ 450.00 $ 75000 $ 200 $ 752.00 045-441- 7/1/09 040 $ 48000 $ 720.00 $ 1,200 00 $ 2.00 $ 1,202.00 045-441- 7/1/09 041 $ 36000 $ 54000 $ 90000 $ 200 $ 90200 049-071- 7/13/09 030 $ 300.00 $ 45000 $ 75000 $ 200 $ 75200 049-122- 7/14/09 024 $ 12000 $ 18000 $ 30000 $ 2.00 $ 30200 054-043- 7/9/09 006 $ 1,740.00 $ 2,61000 $ 4,350.00 $ 2.00 $ 4,352.00 055-181- 7/2/09 008 $ 1,020.00 $ 1,53000 $ 2,550.00 $ 200 $ 2,552.00 055-251- 7/6/09 006 $ 24000 $ 36000 $ 60000 $ 200 $ 60200 055-311- 7/6/09 018 $ 120.00 $ 18000 $ 30000 $ 2.00 $ 30200 056-301- 7/1/09 009 $ 480.00 $ 72000 $ 1,200.00 $ 2.00 $ 1,202.00 056-402- 7/2/09 010 $ 840.00 $ 1,26000 $ 2,100.00 $ 2.00 $ 2,102.00 $ 7,080.00 $ 10,62000 $ 17,700.00 1 $ 2800 $ 17,728.00 14000, 98 ITEM NUMBER. C -1 DATE 08111/09 r dFn_fr,` '2F 'iaia r,c: r, �e7e'� JCAD�; Atascadero City Council Staff Report- Administrative Services Department Budget Amendment and Update RECOMMENDATION Council adopt Draft Resolution to amend the 2008-2009 fiscal year budget. REPORT-IN-BRIEF On July 28, 2009 the Governor signed a $24 billion budget that included the following grabs and borrowing from the City and Agency- 1 $700,000 Proposition 1A borrowing of General Fund property taxes 2 $1,334,00 (2009/2010) and $275,000 (2010/2011) take of Redevelopment Increment 3 Possible delay in Gas Tax Payments (pending) The results are not good, but they are better than what was expected The City's fiscal planning, conservative fiscal policies, diligent monitoring and adjustments, continue to ensure that the City is positioned to weather the economic downturn and state grabs DISCUSSION Histo The current economic downturn has hit government agencies hard and the cities and State have not been spared The City of Atascadero is experiencing unparalleled reductions in most revenue sources including property tax, sales tax and development service fees These downturns coupled with the State's latest hit to the City's finances will be difficult, but not catastrophic. This City has been preparing for this economic downturn for the last 10 years or more The City Council has adopted Financial Strategies, examined reserve levels, discussed fiscal sustainability, encouraged a revenue education program, surveyed citizens regarding potential tax increases, invested in a fiscal analysis of housing, prepared and 99 ITEM NUMBER. C -1 DATE. 08/11/09 reviewed SWOT (Strengths, Weaknesses, Opportunities and Threats) analyses, and spent numerous hours discussing, amending and adjusting various budgets and financial plans, all the while consistently directing staff to implement a conservative fiscal philosophy with a focus toward long-range fiscal stability Staff has unswervingly worked towards Council's fiscal goals using not only staff knowledge and time, but also taking advantage of resources from other cities, professional organizations, community members and consultants such as HDL, David Taussig, Piper Jaffrey, Revenue Cost Specialist, Keyser Marsten and a host of other government finance experts All of the thousands of hours spent planning the City's financial future brings us to where we are today Today As of June 30, 2009 it is estimated that the City's General Fund has around $8 million in reserves, its revenues are projected to be down 13% from its peak in both of the coming two fiscal years, the City budget includes the use of $1 million in reserves in each of the next 2 fiscal years, and the adopted budget closed a $4 5 million gap by- • Reducing citywide services and supplies • Eliminating 14 positions (either through chills or layoffs) • Reducing funding for roads • Suspending or reducing annual reserve contributions • Reducing travel and training • A multitude of other reductions which are enumerated in the April 28, 2009 staff report to Council In developing a fiscal plan for the 2-year budget cycle, the City had to focus on core missions, developing a strategy that would work for both the long-term and short-term health of the organization and community This meant using reserves, eliminating some services or programs (such as the Sunken Gardens Flea Market, "Start-Smart", and non-sport turf areas at Paloma Park), reducing other service levels (trash cans not emptied as often, thermostats adjusted, front counter personnel reduced, turf areas will not be as green), adopting a policy of no new programs, focusing on economic development, increasing fiscal communications and always looking for opportunities The City plans to respond to the State budget takes in the same manner, focusing on core missions, using reserves prudently, looking for ways to tighten budgets, and taking advantage of opportunities State Budget On July 28, 2009 Governor Schwarzenegger signed the State budget into law Although at one point in the budget negotiations Sacramento was threatening to hit cities with takes or borrowing of 4 types of revenues, in the end only the Proposition 1A Borrowing and the take of Redevelopment Agency increment were fully implemented A proposed grab of Gas Tax funds was defeated (leaving a pending potential delay to the City's gas tax payments) and the threat to Proposition 42 Funds never materialized 100 ITEM NUMBER. C -1 DATE. 08/11/09 As of July 30, 2009, many questions still remain and details are sketchy; however below is a discussion of the revenues affected and current financial strategies being developed Proposition 1A Proposition 1A has been extremely useful in defending local funds against the raids of the State Prop 1A does allow borrowing, but under constitutional regulations 1 Up to 8% of total local property tax is eligible to be borrowed (The adopted legislation includes an 8% borrowing from each local jurisdiction "Hardship Exemptions" may be granted in certain instances If a "hardship exemption" is granted to a jurisdiction, the loans from other local jurisdictions within the same county will increase proportionately to cover the amount of the hardship exemption ) 2 The funds must be repaid within 3 years with interest (June 30, 2013) 3 The funds may be borrowed twice in a 10 year period 4 The funds must be repaid before borrowing again Statewide, $2 billion in property tax revenues will be borrowed from local governments Atascadero will be forced to loan an estimated $700,000 of General Fund revenues to the State This forced loan was not unexpected and staff has been looking at several possible solutions to this forced loan including the following 1 The adopted State budget contains securitization language that is expected to allow Cities to borrow funds through a Joint Powers Authority Since the budget was adopted just days ago, details on this loan program are not available, and staff continues to monitor the situation to determine if the participation in the potential loan program would be advantageous to the City 2 There are City funds which have available cash that is not programmed for expenditure within the next 5 years While the General Fund may not take these funds, in some instances it is allowed to borrow the funds, repaying them at a later date with interest. This potential solution, along with the others continues to be developed and monitored so that once the details of all of our options are known, the City can chose the solution or combination of solutions that works best. 3 The City has prudently set aside reserves in good times to get us through the tough times that we are facing Although the books are not closed, it is estimated that at June 30, 2009 the general fund has almost $8 million in reserves ($4 million of which are "available") The City's current reserve policy is to use no more than $1 million of reserves in each of the next 2 years to balance the budget, leaving $6 million of reserves that the State loan could be taken out of These reserves may also be needed to fill future budget gaps, and current reserve policy is to not drop below the $4 million in reserves Since these funds will be paid back by the State no later than June 30, 2013, the City could use reserves to fund the loan to the State 4 The City could also make further budget cuts to make up for the loan, spreading the cuts over 1-5 years While staff is not currently considering making $700,000 worth of budget cuts to 2009/2010, it is prudent in these economic times to 101 ITEM NUMBER. C -1 DATE 08/11/09 continue with the City's conservative fiscal policy of continuing the hiring chill, and budget tightening measures, while looking for economic opportunities It is expected that potential hiring chills and further budget tightening measures already identified could save $400,000 more than budgeted, making up the $700,000 in less than 2 years Redevelopment Increment The Redevelopment Increment is the Redevelopment Agency's allocation of property tax. The General Increment revenue projection for fiscal year 2009-2010 is approximately $2 3 million Approximately $850,000 of this is used for bond payments, leaving $1 5 million for operations and projects in the Redevelopment Agency such as Economic Development, Administration, maintenance of the Sunken Gardens, current City Hall building maintenance, Zoo Restroom and Entrance project, Downtown Streetscape project, Downtown Parking Improvements, Property Tax Collection costs, Debt Services, and Historic City Hall The State is taking over $2 0 billion statewide of RDA Increment, which for the Agency amounts to $1,334,000 on May 10, 2010 and $275,000 on May 10, 2011 The California Redevelopment Association (CRA) recently won the case against the State for the $275,000 grab that was slated for fiscal year 2008-2009 The State believes they have found a way around the court ruling that allows them legal access to the funds The CRA disagrees and will continue to fight the State on this issue If the CRA is unsuccessful in its attempt to legally stop the take of the RDA Funds, the Agency will not only lose over $1 5 million, but it also has the potential to affect creditors' confidence .. in RDA increment as a revenue source, thus limiting redevelopment agencies' ability to issue bonds While larger than expected, this second attempt at a grab of Redevelopment Funds was not unexpected The Agency budget adopted in June was a fiscally conservative budget. Because of uncertainties in the bond market, the budget was designed to ensure that the projects funded as part of the budget cycle could be completed, if necessary, without the issuance of bonds Factors currently under consideration by staff to address the $1 5 million grab include those listed below 1 The adopted legislation includes provisions to suspend all or part of the required allocation to the Low/Moderate Income Housing Fund Details on implementation, limitations, and restrictions are not yet defined, however we know that these funds would have to be paid back by 2015 Failure to pay back these funds in time would cause the required amount of Low/Mod restricted funds to move from 20% to 25% for the remainder of the life of the Project. 2 The adopted legislation also permits the Agency General Fund to borrow Low/Moderate Income Housing Funds Again details are not known, however, a finding that there are insufficient funds to meet obligations for the applicable fiscal year would need to be made These funds would also have to be paid back by 2015 3 The Agency currently has enough increment or bonding capacity to issue more bonds In a "normal" bond market / economic climate, the Agency would 102 ITEM NUMBER. C -1 DATE 08/11/09 currently be looking at issuing bonds as part of the normal course of its life as a N' redevelopment agency In these economic times though, staff is monitoring how the bond market reacts to the adopted State budget and in particular it raid on RDA funds If market conditions make it advantageous to issue bonds, the RDA has the capacity to do so 4 There are City funds, such as the Wastewater Fund, which have available cash that is not programmed for expenditure within the next 5 years The Agency could enter into a loan agreement with the City fund This loan could benefit both the loaning fund as it earns a lucrative interest rate, and the Agency 5 In keeping with the Agency's conservative fiscal policies, the Agency is seeking ways to further tighten operations and is looking to delay the Downtown Parking Improvement Project. 6 The budget legislation includes a one-year extension on the Agency's life if the Agency makes its ERAF payments in a timely manner While this is not a solution to the grab, this seems to provide an opportunity for the Agency Currently if the Agency were able to borrow or suspend the entire grab by State, it would be able to complete all of its currently budgeted projects and pay back the loan / suspension in 2013/2014 (One year prior to the deadline) Staff will continue to monitor the situation (legal, legislative and economic) and will work to determine which combination of suspending payments, borrowing funds and/or trimming expenditures will work best towards the Agency's goals and fiscal health As ,rr with all fiscal plans and budgets, communications and adjustments will be brought before the Agency's Board as information becomes available or the situation changes Gas Tax (HUTA) Gas Tax is the common name for the Highway Users Tax (HUTA) This is the 18 cents per gallon that is paid at the gas pump The City receives a portion of that revenue which amounts to about $500,000 annually It is used for the operations of the Streets Department for payroll, pavement markings, street lights, drainage maintenance, signal maintenance, and road signs among other things Gas tax revenues are deposited in the Gas Tax Fund, separate from the General Fund, but as gas tax revenues are taken by the State, they must be backfilled with General Fund dollars As late as July 23�d, 2009 it looked as if the State would take nearly all of the City's Gas Tax in 2009-2010 and 2010-2011 Luckily this State grab failed in the Assembly and there was no State grab of Gas Tax included in the current adopted budget. There was, however, language that was adopted in preparation of the State grab that delays Gas Tax payments It is uncertain at this time whether the delay language is actually valid since the grab did not pass This is a pending issue that is expected to be resolved through clean-up legislation In keeping with the City's policy of being fiscally conservative, staff is recommending that some funds be reallocated This reallocation of funds would better position the City to weather any delays in Gas Tax funding payments and future potential grabs by the State 103 ITEM NUMBER. C - 1 DATE 08/11/09 The fiscal year 2008-2009 budget had $321,000 budgeted in the Gas Tax fund for the San Andres Road Rehabilitation Project. By switching the funding source for this project to the Local Transportation Fund (LTF), $321,000 is freed up in the Gas Tax Fund This switch is important because while Gas Tax Funds may be used for street operations or street projects, LTF funds may only be used for street projects This switch would free up the street operations funds needed for traffic signals, street striping and other street operations that are critical to the safety of the community The effect of this switch would be a temporary delay in the LTF funded Atascadero Avenue Overlay Project. Staff also recommends a temporary delay of the San Luis Avenue Overlay Project, and the San Ramon Overlay Project which are funded through Traffic Congestion Relief Funds Delays in these projects allow the City to hold onto precious street operations funds until such time as the fallout from the State budget is known and we are confident that the State will not need to look to Gas Tax funds to balance future budget shortfalls Once the City is confident that Gas Tax Funds are safe, these three projects can once again move forward Staff will continue to monitor the situation and report to Council as things change Summary The State plans on taking over $2 million of Atascadero revenues within a two-year period, and borrowing another $700,000 This is terrible news, but given the State's track record for siphoning off local funds, this wasn't unexpected The City has been carefully positioning itself to be able to thoughtfully respond to the State's decisions While cost-cutting is never easy, it is being done in a measured manner, at the rate necessary to keep the delicate balance between the City's responsibilities to provide quality services to the public with its need to maintain fiscal health The City's financial plan will continue to evolve and adapt as new developments arise, and fiscal realities change Staff will carefully monitor the revenues and expenses, and the actions of the State that affect local government. Until more is known, staff will move forward with budget tightening and the budget adjustment, if approved by Council Through this process, the City will be strategically positioned to take advantage of opportunities and to provide mission critical services to the community, while still maintaining the health of the organization FISCAL IMPACT The proposed budget reallocation will move $321,000 in expenditures from the Gas Tax Fund to the Local Transportation Fund ATTACHMENT Draft Resolution of the City Council of the City of Atascadero Amending Fiscal Year 2008-2009 Budget -wo 104 ITEM NUMBER. C - 1 DATE. 08/11/09 1%W11 DRAFT RESOLUTION DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING FISCAL YEAR 2008-2009 BUDGET WHEREAS, the City Council adopted Resolution 2007-049 setting for the budget for fiscal year 2008-2009, and, WHEREAS, the City Council hereby wishes to amend said budget. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero, SECTION 1 The appropriation amounts are amended as follows Amended Appropriation Total Gas Tax Fund $ (321,000) Local Transportation Fund 321 000 SECTION 2. These changes are effective immediately upon adoption of this resolution. PASSED AND ADOPTED at a regular meeting of the City Council held on the 11 1'h day day of August, 2009 On motion by and seconded by the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES NOES ABSENT ADOPTED 105 ITEM NUMBER. C - 1 DATE 08/11109 CITY OF ATASCADERO I"00 Ellen Beraud, Mayor ATTEST Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM. Brian A. Pierik, City Attorney ,.we 106 ITEM NUMBER. C-2 DATE 08/11/09 a pais �9 e \A CAERoi. Atascadero City Council Staff Report - Public Works Department Zoo Entrance and Restroom Project City Bid No 2009-010 RECOMMENDATION Council authorize the City Manager to execute a contract with the lowest responsible bidder in the amounts to be determined at the bid opening on August 7, 2009 for construction of the new Zoo entrance and restroom facilities DISCUSSION Background A new restroom and entrance are planned for the spaces currently occupied by an existing exhibit space and the current entrance The project base bid consists of the restroom and adjoining courtyard area. The restroom was made the project base bid since funding is limited and it is unclear if the entire project (including the entrance) can be constructed The proposed restroom will satisfy the American Zoological Society accreditation requirements for separate and expanded facilities. Currently, the Zoo only has one unisex restroom The bid alternates consist of the new zoo entrance building, gift shop, entrance courtyard, building interior improvements and fabric shade structure Staff will be evaluating the bid-alternate results and will recommend commencing with one or all of the alternates if the bid results are within budgeted funds (including contingencies ) Funds are allocated in the City's FY 2009-2010 budget for this project. All environmental reviews have been obtained including a tree removal permit. Analysis The project was advertised from July 10, 2009 through August 7, 2009 Bids will be opened at 2 00 p m on August 7, 2009, four days prior to the August 11, 2009 Council meeting Staff will therefore present the Council with an updated staff report with bid results and recommendations after the August 7,2009 bid opening 107 Conclusion. Staff will recommend that the City Council award a contract to the lowest responsible bidder, including the award of all or a portion of the bid alternates, should thy; results come in under budget. FISCAL IMPACT This table will be updated prior to the August 11, 2009 City Council Meeting based on the bid results. EXPENDITURES Design Construction (Engineers Estimate Inspection/Testing/Construction Administration Contingency Total Estimated Expenditure REVENUES Budgeted Project Funds Total Revenues ALTERNATIVES Council may deny authorization to execute a contract for construction of the new Zoo entrance and restroom facilities ATTACHMENTS None 108 ITEM NUMBER E-5a DATE 08/11/09 '44Wr's ■ �e78 Atascadero City Council Staff Report - City Manager's Office Planning Commission Request to form a Sub-Committee to Review the Sign Ordinance RECOMMENDATION Council table the request of the Planning Commission to form a sub-committee to review the Sign Ordinance DISCUSSION The Planning Commission at their July 21, 2009 meeting agreed by consensus to request authorization to form a sub-committee to review the Sign Ordinance The request letter is attached Current Council policy is not to undertake any new programs or initiatives Staff does not have the capacity to support this effort at this time Given the City's budget constraints which have now been worsened by the State, staff efforts have been narrowly focused on current programs and Council priorities The sign ordinance has and continues to be controversial and will require coordination among the various stake holders including business, community members, Main Street and the Chamber of Commerce Signs are an important part of business and have a significant effect on community esthetics Any review must carefully consider all of the consequences, intended or not. From experience we have learned that this is an emotional issue with many competing interests and will require significant staff coordination While staff concurs with the Commission that this is indeed an important topic, it is too large and controversial to be undertaken at this time ATTACHMENTS Memo and Letter from the Planning Commission ww 109 ITEM NUMBER E—5a DATE. 08/11/09 im CITY OF A.TAS+CADERO 1WC©MMUNM DEVUO MEW DEPARTMENT Memorandum ami: 7/22JO9 TO: Marcia Torgerson,City Clerk CC. Wade McKinney,City Manager Proms Warren Frace,Community Development Dire Subject Planning Commission Request for a Su ommittee to Review the Sign ordinance At the 7121109 Planning Commission Meeting, the Commission discussed the need to review the City`s sign ordinance and past amendments. Chairperson Jack requested support from the Commission to request Council approval*to create a three person sub- committee to review the sign ordinance. Chairperson,tack explained that the committee would focus primarily on research and education and would require minimal staff support. There was a 6-0 verbal consensus to support Chairperson Jack's request. Attached is a letter to the City Council that summarizes the request. r1.T%-PC""AWC UY w 0."MAW WD.atlwmewltl,a FM OW:Q!@y1C"AN 6467 EL CAMINO REAL - ATASCADERO,CA 93422 (805)461-5000 R FAX 462-7612 110 ITEM NUMBER E-5a DATE 08/11/09 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT Ju(y 22.2000 Page 2 of 2 C/O Warren Frace,Community Development Director City Hall July 21,2009 RR.Sip Ordinance Research and Education TO-Awcadcro City Council Atascadeto City Hall Dear Atascadero City Council: By consensus the Atascadero Planning Commission is requesting City Councils'approval to form a three person sub-contruittee to research the most recent past and current Atascadera Sign Ordinances,In November,2008 Stagecoach Liquor appeared before the commission asidng for sign ordinance clarification and after murb discussion the commission agreed to defer any enforcement recommendations and/or study due:to the current economic Climate. We feel that the current climate provides us with a unique opportunity to review our can-ent sip ordinance and cducaw our oommijisionas relative to the sign ordinance and enforcement history With this history and education the corrunissioners could,if approved by the city wuncil,take on the task of updating our current ordinance and haft recommendations available for such time as the city council deemed it appropriate to implement a revised ordiwncc that would be anforced. The initial research and education phase would require minimal staff involvement and support.Your concurrence of our request would also allow for someclarification.of current policy and a review of the potential impact to our commercial businesses. Respectfully yours, Sandy annC R Jack,PI 4 ommission Chair P"M",01'70" ITEM NUMBER E—5b DATE. 08/11/09 City of Atascadero Quarterly Commissioner Attendance Report April through June, 2009 kl(' 33'/y{y,^ysQ,.�yq H� \ .71�I1.'d�'JL-i/\/ e4t� � YFw�"� � +4 Y` ! Y�A'�prll�' F j ,"'= k �� une``,� qyt ¢ N s S CIAt Re9 3M#9 s 5'`. Ow Barbie L "'�'z aa, `", ,;���, ;,, �`� e {�" ^✓i, y x P^,£ r^"""�S'`vs�;,1,,i � a;�p`�.'. � eta;; dxi. �'a + b:; �, aF y, �; 4:..' �, ....•� .,":". ;� .'v; ",m...v a";c a„�e 8 d�.z .� a..i ..-. 1,°i. .�.. �.•o... a,ar � Barbie Butz Meeting A(E) P P Daniel Chacon Cancelled p p A(E) Christian Cooper A(E) P P Susan Greenaway Meeting P P P Ann Hatch Cancelled A(E) P P Sorrel Marks P P P Tom Zirk P A(E) P Planning Commission April May Jun 7#n 215# Stn 19tH 2nd 16 th Sandy Jack P P P A(E) P P David Bentz P P P P P P Len Colamarino P P P P P P Heather Moreno P P P P P P Dennis Schmidt P P P P P P Brian Sturtevant P P P A(E) P P Chuck Ward P P P P P P P= Present A=Absent A(E)= Excused Absence 113