HomeMy WebLinkAboutAgenda Packet 061008 in ''11
�� 1978 CITY OF A TASCA DERO
CITY COUNCIL
AGENDA
Tuesday, June 10, 2008
Redevelopment Agency: 6:00 P.M.
City Council: Immediately following the conclusion of the
Redevelopment Agency meeting
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
REDEVELOPMENT AGENCY: 6:00 P.M.
REGULAR SESSION: Immediately following the conclusion of the
Redevelopment Agency meeting
PLEDGE OF ALLEGIANCE: Council Member Clay
ROLL CALL: Mayor Brennler
Mayor Pro Tem Beraud
Council Member Clay
Council Member Luna
Council Member O'Malley
APPROVAL OF AGENDA: Roll Call
PRESENTATION:
1. Veterans Memorial Update
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for an member of the public to address the Council concerning the
Pp Y Y P g
item before action is taken.)
1. City Council Draft Minutes — March 11, 2008
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of March 11, 2008. [City Clerk]
2. City Council Draft Minutes — March 25, 2008
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of March 25, 2008. [City Clerk]
3. January 2008 Investment Report
■ Fiscal Impact: None
■ Recommendation: Council approve the City Treasurer's report for
January 2008. [Treasurer]
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. The Council may take action to direct the staff
to place a matter of business on a future agenda. A maximum of 30 minutes will be
allowed for Community Forum, unless changed by the Council.)
B. PUBLIC HEARINGS
1. Ordinance to Amend City's Smoking Ordinance to Include Prohibition of
Smoking at Atascadero State Hospital
■ Disclosure of Ex Parte Communications
■ Fiscal Impact: None.
■ Recommendation: Council introduce for first reading by title only, the Draft
Ordinance adding Section 8 to Title 6, Chapter 6 of the Atascadero
Municipal Code providing for the prohibition of smoking at the Atascadero
State Hospital. [Police and City Attorney]
C. MANAGEMENT REPORTS
1. Final Map 2007-0156 (Tract 2733) 6905 EI Camino Real (TTM 2005-0071
Amendment) Colony Square (James Harrison/Community
Redevelopment Agency of Atascadero)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Adopt and Approve Final Map 2007-0156 (Tract 2733); and,
2. Accept offer of dedication for Capistrano Avenue.
3. Reject, without prejudice to future acceptance, the offer of dedication
for easements for sewer and storm drain on behalf of the Public.
4. Order the abandonment, in Accordance with Government Code
Section 66499.20-1/2 with the filing of the map, of the offer of
dedication for Public Highway and incidental purposes, recorded
January 17, 1922, in Book 150 of Deeds at Page 110, the easements
for sewer pipeline purposes to the Atascadero County Sanitation
District per the documents recorded March 3, 1970, in Book 1556 of
Official Records, At Pages 89 and 91, The easement for sewer line
purposes as granted to the City of Atascadero by deed recorded
October 19, 1990, in Book 3598 of Official Records at Page 65, and
the easements for Public Utility, Storm Drain and Sewer Line purposes
per Parcel Map at 85-225 as recorded February 29, 1988, in Book 43
of Parcel Maps at Page 8, and the same.
5. Authorize and direct the City Clerk to endorse the City Council's
approval on the map.
6. Authorize City Manager to sign a Subdivision Improvement Agreement
for improvements associated with Final Map 2007-0156. [Public
Works]
2. Agreement between the City of Atascadero and Colony Square
Regarding the Recording of Master CC&R's for Tract 2733
■ Fiscal Impact: None.
■ Recommendation: Council authorize the City Manager to execute an
Agreement between the City of Atascadero and Colony Square regarding
the recording of Master CC&Rs for Tract 2733. [Public Works]
3. Streetscape Phase Ila Award (City Bid No. 2008-005)
■ Description: Construction of Improvements at Palma and Traffic Way and
Virginia Plaza Crosswalk.
■ Fiscal Impact: $730,161 .20 in budgeted redevelopment funds.
■ Recommendation:
1. Authorize the City Manager to execute a contract in the amount of
$730,161.20 with Granite Construction Incorporated to construct the
improvements at Palma and Traffic Way and Virginia Plaza Crosswalk;
and,
2. Authorize the Public Works Director to file a notice of completion after the
project is finished. [Public Works]
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
1. Mayor Pro Tem Beraud & Council Member O'Malley
Update on Building Public Trust Program
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor Brennler
1. County Mayor's Round Table
2. Air Pollution Control District (APCD)
3. Finance Committee
Mayor Pro Tem Beraud
1. Integrated Waste Management Authority (IWMA)
2. City/ Schools Committee
Council Member Clay
1. City/ Schools Committee
2. Atascadero Youth Task Force
Council Member Luna
1. Finance Committee
Council Member O'Malley
1 . S.L.O. Council of Governments (SLOCOG)
2. S.L.O. Regional Transit Authority (SLORTA)
3. Economic Vitality Corporation, Board of Directors (EVC)
4. League of California Cities — Council Liaison and CITIPAC Board Member
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURNMENT:
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury
that the foregoing agenda for the June 10, 2008 Regular Session of the Atascadero City Council was
posted on June 3, 2008 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 3rd day of June, 2008 at Atascadero, California.
Victoria Randall, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a
Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence
immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at
the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of
the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of
City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also
available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be
allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are either read into the record or referred to in their
statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are video taped
and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact
the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name and address (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
7. No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one
may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24
hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to
hook up your laptop to the City's projector can also be provided. You are required to submit to the City Clerk a printed
copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your
presence and turn in the printed copy.
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to:
• Please approach the lectern and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council).
ITEM NUMBER: A-1
DATE: 6/10/08
� _ 1
;9sA 1979�1 CITY OF A TASCADERO
ERo' CITY COUNCIL
DRAFT MINUTES
Tuesday, March 11, 2008, 7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Brennler called the meeting to order at 7:01 p.m. and Mayor Pro Tem Beraud led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Luna, O'Malley, Beraud and Mayor
Brennler
Absent: None
Others Present: City Clerk/ Assistant to City Manager Marcia McClure Tor erson
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Community Services Director
Brady Cherry, Public Works Director Steve Kahn, Police Chief Jim
Mulhall, and City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Council Member O'Malley and seconded by Council
Member Luna to approve the agenda.
Motion passed 5:0 by a roll-call vote.
A. CONSENT CALENDAR:
1. Temporary Road Closure — Calvary Chapel of Atascadero
■ Fiscal Impact: $190.00 for the installation of Road Closed signs by Public
Works Staff. The road closure costs will be paid by the applicant.
■ Recommendation: Council approve a request by Calvary Chapel of
Atascadero for the closure of Palma Avenue from East Mall to West Mall
for events in the Sunken Gardens on March 23, 2008. [Public Works]
2. Temporary Road Closure — Sunken Gardens Yard Sale
■ Fiscal Impact: $190.00 per event for the installation of Road Closed signs
by Public Works Staff.
■ Recommendation: Council approve a request by the Community Services
Department for a road closure on Palma Avenue from East to West Mall
for the annual Sunken Gardens Yard Sale to be held April 19th, 2008.
[Public Works]
3. Santa Cruz Road Slope Repair (City Bid No. 2007-0006)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept the work of Raminha Construction, Inc., as complete; and,
2. Authorize the Public Works Director to sign and file the Notice of
Completion; and,
3. Authorize the Administrative Services Director to release the
Retention to the Contractor. [Public Works]
4. Route 101/41 Sewer/Water Line Relocation Change Order — Bid No.
2007-005
■ Fiscal Impact: No net fiscal impact.
■ Recommendation: Council authorize the City Manager to approve change
orders in excess of 20% totaling $6,153.64 for additional construction work
on the SR 101/41 Sewer/Water Line Relocation Project. [Public Works]
5. Final Map 2007-0155 (Parcel Map AT 05-0316) 7255 Navaioa (TPM 2005-
0081) Ferris/Seaberg
■ Description: Final map creates two airspace units on one common lot.
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept and approve Final Parcel Map 2007-0155 (Parcel Map AT 05-
0316); and,
2. Reject, without prejudice to future acceptance, the offer of dedication
for Public Pedestrian Access Easement on behalf of the public; and,
3. Authorize and direct the City Clerk to endorse the City Council's
approval on the map. [Public Works]
6. Code Enforcement Complaint Ordinance
■ Fiscal Impact: None.
■ Recommendation: Council adopt on second reading by title only the Draft
Ordinance, amending the Atascadero Municipal Code by adopting section
2-15.06, requiring City Council members and Planning Commissioners to
divulge certain conflicts of interest relating to code enforcement and
planning and zoning code matters. [City Attorney]
7. Second Reading of Draft Ordinances for: PLN 2007-1243 / PLN 2007-
1197 / PLN 2007-1251 General Plan Amendment & Planned Development
7 — Atascadero Avenue Triangle / 6905 Navaioa Avenue (City of
Atascdero / MLW Holdings, LLC / Atascadero Homeowners, LLC)
■ Description: General Plan Amendment to remove the park requirement
from Master Plan of Development #12; a 9-unit Planned Development;
and a 2-unit Planned Development with a private landscape feature.
■ Fiscal Impact: Based on findings from the Taussig Study, revenue from
new residential development including property tax revenues, vehicle
licensing fees, sales taxes, and other revenues are insufficient to cover
the maintenance and emergency services costs of new development.
Based on the revenue projections from the Taussig Study, the City has
developed standard conditions of approval for new development projects
that require the cost of maintenance and emergency services to be funded
by the project through a combination of road assessment districts,
landscape and lighting districts and community facilities districts
(Conditions 8 and 9.) Since there are no common facilities proposed with
these Planned Developments, and the private landscape feature will be
maintained by the sole property owner, a Homeowners Association is not
required.
■ Recommendations: Council:
1. Adopt on second reading, by title only, Draft Ordinance A approving
Zoning Map Amendment 2007-0140, changing the Atascadero
Municipal Code Zoning Designation on Lot 1 of APN 030-283-005
from Recreation (L) to Residential Multi-family, with 16 units per acre
(RMF-16); and,
2. Adopt on second reading, by title only, Draft Ordinance B approving
Zone Change 2007-0145 to allow a 9-unit PD-7 and Zone Change
2007-0146 to allow a 2-unit PD-7 based on findings. [Community
Development]
Items pulled: Item #6, pulled by Mayor Pro Tem Beraud.
Item #7, pulled by Mayor Pro Tem Beraud.
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Items #1,2,3,4 & 5.
Motion passed 5:0 by a roll-call vote.
Item #6
Mayor Pro Tem Beraud pulled this Item to record her opposition to this Ordinance. She
said it should be a policy, not an ordinance, and stated she does not like the provision
that states it's an automatic recusal if you file a code complaint.
Council Member Luna agreed with Mayor Pro Tem Beraud.
Council Member O'Malley disagreed. He said he believes members of the community
have concerns about City Council and Planning Commission members overstepping
their boundaries when researching projects. He said it's a good idea.
Mayor Brennler said this item relates to transparency and an issue of accountability and
he also supports it.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to approve Item #6.
Motion passed 3:2 by a roll-call vote. (Beraud & Luna
opposed) (Ordinance No. 527)
Item #7
Mayor Pro Tem Beraud urged the Council to reconsider adopting this Ordinance on
second reading. She stated she does not believe that the project brought before them
meets the intent of having open space by having a private park with a locked gate. She
also said the project proposed doesn't provide any tier 2 benefits.
PUBLIC COMMENT
Lee Perkins expressed her sadness that the City didn't do enough to create some green
space at this site.
Eric Greening stated that this property was originally part of a General Plan Amendment
and that he shares Mayor Pro Tem Beraud's concerns.
Jay DeCou explained to the Council how small pocket parks in other neighborhoods in
town remain unused. He thinks a landscape feature is far better suited for this location.
Gary Kirkland said that he does not think it is the job of the City Council or any other
government agency to tell people what they can or can't do with their property.
Joanne Main, explained that this park was originally offered to the City, and the Council
determined that the City does not have the finances to handle and maintain a small
park. She believes by accepting the proposed project the City would be following smart
growth principles.
Kelly Gearhart, Applicant, stated that he has offered this property to the City several
times and the City has chosen not to accept it. He offered to answer questions and
encouraged the Council to pass the project.
Franka Lansky said she would like to see this property be a park. She visits the library
often and would utilize a park in that vicinity as well.
Ann Hatch, Parks and Recreation Commissioner, believes the City needs to be
consistent in its decisions. She urged the Council to support the landscape feature.
Shirley Lyons, Atascadero resident, said that she supports the previous speaker's
comments. She mentioned that she thought there would be parking issues for the
library if a park were to go in at that location.
Mayor Brennler closed the Public Comment period.
Mayor Pro Tem Beraud commented that legally the City couldn't force anyone to build a
public park. She also stated that the park space proposed would be owned by the
planned development and they could determine what features to include in the park.
Council Member O'Malley mentioned the legality involved. He's been a strong
supporter of micro-parks in the past but thinks that the costs are a huge deterrent at this
point.
Council Member Luna brought up the point that these kinds of decisions take a long
time and involve many factors. In this case it has evolved over many years and the
prior Council approved the project 4:0 when he was not in attendance. For this reason,
he will support the project. He made it clear that he has always supported, and will
continue to support, pocket parks and open space.
MOTION: By Council Member O'Malley and seconded by Council
Member Clayto approve Item #7. Ordinances#528 & #529
pp � )
Motion passed 3:2 by a roll-call vote. (Beraud & Brennler
opposed)
B. MANAGEMENT REPORTS:
1. Staff Authorization to Process General Plan Amendment
Applications for: Wal-Mart Supercenter PLN 2007-1245 / GPA 2007-
0020 (Wal-Mart Stores, Inc. / EDA) and The Annex Shopping Center
PLN 2007-1246 / GPA 2007-0021 (Rottman Group / EDA)
■ Disclosure of Ex Parte Communications
■ Fiscal Impact: Typically, commercial projects have a positive fiscal
impact on City revenues. However, at this time, staff is unable to
speculate on the significance of this impact. Part of the project's EIR
review will include a fiscal impact analysis. The purpose of the
analysis will be to analyze all of the project's costs and revenues and
provide the Council with a complete picture of the project's fiscal
impacts on both the City of Atascadero and the local business
community.
■ Recommendations:
1. The City Council may direct staff to process one or both of the
project applications by adopting Draft Resolutions A and/or B. This
action would include directing staff to return to the City Council for a
Specific Plan project boundary approval;
OR
2. The City Council may withhold authorization for staff to process one
or both of the project applications by adopting Draft Resolution C
and/or D. Withholding authorization for staff to process the
applications does not deny the applications;
OR
3. The City Council may refer one or both of the applications back to
staff for additional analysis or clarification of specific issues. The
Council should provide clear direction on issues that require
additional analysis. [Community Development]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Ex Parte Communications
• Council Member Luna disclosed he had received a number of e-mails and phone
calls from citizens but had had no contact with the developer.
• Mayor Pro Tem Beraud said that since the last meeting she's had no contact with
the developers and she has received e-mails and phone calls.
• Mayor Brennler said he's had no substantive conversation with developers, and did
attend Just Listening, and there hasn't been any changes since his last disclosure.
• Council Member O'Malley has received numerous phone calls and e-mails from the
general public and has nothing new since the last disclosure on this project.
• Council Member Clay stated that he has talked to Aaron Rios a couple of times over
the past few months to inquire about the status of the project. He said that he has
also spoken with Amber Johnson, who is at most of the Council meetings. Finally,
he has talked to the Manager and some of the employees at the Paso Robles store,
which he disclosed the last time.
PUBLIC COMMENT:
Keith Mathias, Senior Vice President of the Rottman Group, stated that he wanted to
clarify for the Council that they are only asking for the re-zoning of 1'/2 acres of the
residentially zoned property. He asked the Council to authorize the processing of the
requested General Plan Amendment. Mr. Mathias answered questions of Council.
Aaron Rios, Senior Manager of Public Affairs for Wal-Mart, stated he feels their current
proposal reflects changes that were made to the project based on the concerns
expressed by the City Council. He asked the Council to authorize staff to process the
proposed General Plan Amendment. Mr. Rios answered questions of Council.
Robert Winslow, EDA Design Professional of San Luis Obispo, answered some of the
technical questions of Council.
Tom Comar, spokesperson for Oppose Wal-Mart and the Atascadero Shield Initiative
Committee, used a PowerPoint presentation to explain to the Council why they are
opposed to the approval of a supercenter, especially a Wal-Mart supercenter.
Mayor Brennler recessed the hearing at 8:45 p.m.
Mayor Brennler called the meeting back to order at 9:00 p.m.
Cindy Conley, Manager of the Shell Station at Del Rio Road, urged the Council to
approve this project. She explained that her job is in jeopardy without retail
development at Del Rio.
David Petrie, Templeton High School student, expressed his support for a Wal-Mart
supercenter. He urged Council to let urban sprawl and population growth back in
Atascadero.
Greg Peterson, longtime resident of Atascadero and a local businessman, stated that
Atascadero is not a quiet, sleepy community; it is growing. Mr. Peterson listed several
reasons why he is in favor of the Wal-Mart proposal. He urged the Council to approve
the proposed General Plan Amendment.
Joanne Main, President and CEO of the Atascadero Chamber of Commerce, urged the
Council to approve the processing of the EIR. Ms. Main also asked citizens to not sign
the Shield Initiative currently being circulated.
Bob Marts, Atascadero Resident for 9 years, explained why he supports the processing
of the proposed Wal-Mart project. He cited numerous examples of how Wal-Mart can
positively affect a community.
Galaxia Rivera, 13 year resident of Atascadero, read a letter from her mother opposing
a Wal-Mart project. Ms. Rivera also stated that she is opposed to a Wal-Mart project
because it will be too close to the Paso Robles Wal-Mart. She urged the Council to put
this as a vote amongst the people.
Bill White, President of the Atascadero Professional Firefighters Local 3600, expressed
his support of processing the proposed General Plan Amendment. He pointed out that
Atascadero ranks at the bottom of sales tax revenue and that his union strongly
supports commercial and retail development.
Ann Hatch stated that Atascadero needs to focus on what we need instead of what we
want. She said it's not about Wal-Mart, it's about the survival of our City. She
expressed her support for the development of the Wal-Mart project.
Ray Johnson explained why an increase in Atascadero's sales tax revenue is vital to its
survival. He stressed that the decision tonight only starts the process on this proposed
project. He urged the Council to follow through on their previous statements and
authorize the processing of the proposed General Plan Amendment.
Jim Shannon, lifetime resident, read from the October 31St Atascadero News article
about the Council's previous denial of a Wal-Mart project. He urged the Council to
honor their word, and move the community forward by approving this proposal. Mr.
Shannon pointed out that the Council integrity, character and honesty is at stake.
Maggie White, Atascadero native, homeowner and a taxpayer, stated that Atascadero
will never be a tourism community or have a wine tasting draw. She spoke of the needs
for the citizens and the needs for a tax base. She urged the Council to move forward
with the processing of the General Plan Amendment.
George Schroff, Santa Margarita, read a prepared statement supporting the Rottman
Group and the Wal-Mart project. He encouraged Council to move forward with the
application of Wal-Mart.
Lynn Hunter, questioned why Wal-Mart would want to build here when the Paso Robles
store is so close. She expressed numerous concerns and asked the Council not to
change the rules for Wal-Mart.
Beverly Aho, Atascadero resident and proud owner of a Historical colony home,
expressed her support of a Wal-Mart in Atascadero. She thanked Wal-Mart for revising
the project with a smaller store and for saving more trees with their new proposal.
Mark Phillips played a DVD with several people expressing their opposition of a Wal-
Mart in Atascadero.
Chuck Ward, read excerpts of an article from the San Francisco Chronicle, concerning
the City of Vallejo, who is considering bankruptcy. He compared Vallejo financial
problems with Atascadero financial problems. He stated that the only business that will
close if Wal-Mart is built in Atascadero is Oppose Wal-Mart.
Dorothy Dodge, resident of Atascadero for 30 years, said that the concerns of those
who are opposed to Wal-Mart are unfounded. She listed several services and benefits
provided to Wal-Mart employees and the surrounding communities of Wal-Marts.
Franka Lansky expressed her opposition of a Wal-Mart in Atascadero. She urged the
Council to not approve this proposal.
Thomas McGee, resident in Atascadero since 1970, stated the retail community in
Atascadero is declining and that the City needs retail development to bring much
needed tax revenue. He said it should be the function of the City Council that if the
applicant has met the criteria that the Council requested several meetings ago, they
should honor their word and proceed.
Bill Hatch said that he has met many employees of Wal-Marts and has never found one
that does not like Wal-Mart. He stated that the corporation is run by the people of
America and it's those people who make it successful. He urged the Council to
authorize the process of the proposed General Plan Amendment.
Randy Lawrence, resident, expressed concern with forcing a large retail development
on a small lot. He pointed out that the location is half the size of the Target and Paso
Robles Wal-Mart sites. He suggested different locations for re-zoning that might better
suit this project.
Steve Isaacson, Atascadero resident for over a decade, stated that he is a Wal-Mart
and Annex supporter. He asked the Council to authorize the processing of the General
Plan Amendment.
Icy Hagador, Atascadero resident, said that if the Council denies this proposal, they will
be sending a message that Atascadero is not business-friendly. She stated that she's
tired of driving to Paso Robles to shop. She urged the Council to process this proposal.
Mayor Brennler asked the Council, since it is 10:30 p.m. and there are still 20-25 more
speakers, if they want to complete the public comment period, deliberate, and vote
tonight.
There was Council consensus to complete the public comment period, deliberate,
and vote tonight.
Bruce Bevins, Atascadero resident, thanked the Council for listening. He congratulated
Wal-Mart on the amount of people supporting them and for revising their plan. He does,
however, have reservations about the wisdom of having Wal-Mart in Atascadero. He
commented on how past Council's have converted commercial zonings into housing.
He strongly urged the Council to choose a consultant for the EIR carefully and he would
like to see Council choose to plan that would meet the requirements of the Shield
Initiative.
Ron Rothman, Atascadero resident, spoke of Mr. Edward Gardener Lewis' dream,
vision and plan for Atascadero. He said it is up to us to be dedicated to do the hard
work needed to complete his vision. He mentioned many factors that prove we are
making progress towards this vision. He asked Council to have the courage to do the
wise thing.
Maria Carroll, who lives behind the property where the Wal-Mart is proposed, wants to
know how many of the people that are in attendance to support Wal-Mart actually live in
the surrounding neighborhood. She bought her home because of the rural nature and
doesn't want to see that destroyed. She encouraged Council to stick to the General
Plan and not re-zone the property.
Elena Reynolds, Atascadero resident for 16 years, expressed her support for retail
development at Del Rio and EI Camino Real. She explained that she shops in either
Paso Robles or San Luis Obispo, but would rather shop in Atascadero. She stated that
she supports a super Wal-Mart and asked the City Council to approve the proposal.
Mike Anderson, lives and works in Atascadero, thanked Wal-Mart for coming back with
a new proposal and being patient with the process. He stated that he's tired of driving
to Paso Robles and San Luis Obispo for shopping. He would rather spend his money in
Atascadero. Mr. Anderson asked the Council to approve this proposal.
Ann Ketcherside, resident of Atascadero, expressed her concerns with a Wal-Mart in
Atascadero. She urged the Council to deny the proposal for Wal-Mart.
Steve Tillman stated his family does 90% of their shopping in Atascadero and is
surprised at all the people who do most of their shopping elsewhere. He asked the
Council to preserve private property rights and deny any re-zoning of the property at Del
Rio. He quoted Edward McMahan, author of "Balancing Nature and Commerce in
Gateway Communities". He said this is about rules and predictability.
Janice Merrill, Store Manager of the Paso Robles Wal-Mart, said that once built, the
Wal-Mart will be run by your neighbors, friends and family. She said Wal-Mart is highly
involved in the community and participate in many community programs. She urged the
Council to approve this proposal.
Ned Thompson, a businessman here in Atascadero, stated that staff repeatedly asked
Council at the prior meeting that if they were to reduce the size, if that would be
acceptable. Council confirmed and has told them what to do and they've done it. He
supports the re-zoning.
MOTION: By Council member Luna and seconded by Council Member
O'Malley to go past 11:00 p.m.
Motion passed 5:0 by a roll-call vote.
Mayor Brennler recessed the meeting at 11:00 p.m.
Mayor Brennler called the meeting back to order at 11:10 p.m.
Anna Pence, Atascadero resident, said that she supports Wal-Mart and would like to
have a variety of shopping choices in Atascadero. Ms. Pence does not believe that
locating another store such a short distance from another Wal-Mart will be an issue.
She wants to keep money local and mentioned traffic issues around large housing
developments in town.
Barbara Norris Landis, former member of the Council, expressed her support for the
proposed project. She believes that competition is healthy and that Atascadero
desperately needs the revenue. She mentioned that this step is only approving one part
of the project.
Kelly Long, owner of a women's clothing store across the street from the proposed
project, stated that she is not afraid of Wal-Mart hurting her business. She asked the
Council to approve the proposed action. Ms. Long expressed the need for more foot
traffic and excitement of shopping on that end of town.
Austin Path, local resident, asked the Council not to re-zone the property.
Tino Santos asked the Council to keep their word and approve this proposal. He
commented about stores already being empty prior to Wal-Mart coming. He expressed
frustration with the friction in Atascadero and mentioned the upcoming elections.
Jay DeCou, owner of DeCou Lumber, said that he supports Wal-Mart's property rights
and the right to build on their property. He read a section from a bid he received on a
piece of property he has for sale in town that stated the buyer's concerns that
Atascadero does not have a business friendly persona. Mr. DeCou thinks if Mr. Lewis
was here today, he would embrace the Annex project.
Deena Brians, works in Atascadero at the Mission Oaks Center, stated she wants to
see this project move forward. She said that without this project she's going to be
without a job. Ms. Brians urged the Council to please go forward with this project.
Wesley Dodds, business owner, home owner and commercial property owner in
Atascadero, urged the Council to keep their word and approve the processing of this
General Plan Amendment. He mentioned Atascadero's Council is more anti-business
than pro-business. Mr. Dodds thinks that because of this attitude not a lot of
businesses want to come to Atascadero.
Fred Frank, born in Atascadero, thanked the Council for their patience and hard work.
Mr. Frank expressed his opposition for the proposal for a Wal-Mart in Atascadero. He
believes successful communities of the future are going to be more dense, energy
efficient and rely on a strong local economic base.
Lee Perkins, Atascadero resident, thanked the City Council, staff and the Oppose Wal-
Mart and the Atascadero Shield Initiative Committee. She cited many facts about Wal-
Mart and said that saying yes to processing the application and proceeding with the EIR
is paramount to saying Wal-Mart is coming to town. Ms. Perkins asked council to use
discretion on this issue to adopt Option #2, not to process.
John Holman, lived in Atascadero for 6 years, said he respects the current and past City
Councils. His concern is losing the character in this town. He elaborated on the lengths
that Wal-Mart will go to in order to offer their lower prices. Mr. Holman will work
diligently to put this issue on the ballot.
Mr. Porter, born in Atascadero, stated he supports a Wal-Mart in Atascadero. He spent
all of his life working elsewhere because he couldn't make a living here. He commented
on how difficult retirement and depending upon social security is and how imperative it
is for him to find the lowest prices. He spoke of the depression and thinks we have to
start reducing prices or everything is going to come to a halt.
Mr. Nunez, Manager of The Dollar Store in the Factory Outlets, likes the project plan
currently proposed but would have liked to have seen the restaurants that were
incorporated in the original plan. Mr. Nunez said that he has numerous people daily
inquiring about employment opportunities and believes that Wal-Mart would help create
much needed jobs.
Jerry Dahlen, lived in Atascadero since 1974, said the Community needs to decide what
is best for the City of Atascadero as a whole. She asked Council to stop spending
money on more studies and accept the application to move forward. Ms. Dahlen
pointed out that the Atascadero Shield Initiative is being misrepresented by the people
asking for signatures. She was told that Oppose Wal-Mart was not part of the
organization when in fact they are. She spoke against the Shield Initiative saying it
restricts competition, restricts consumers' free choice and ultimately erodes the local
economy and quality of life.
Shirley Lyons, lived in Atascadero for a year, stated she supports a Wal-Mart in
Atascadero. She said that the seniors in Atascadero would like a local Wal-Mart. She
spoke of the mobility issues of lots of seniors here and how being able to shop locally
and buy everything in one place would benefit them.
Mike Jackson commented that a lot of people think that they know the facts and there
are lots of mistruths circulating. He said and that we need to proceed with the EIR to
know all of the true facts. Mr. Jackson mentioned the proposed rezoning for Eagle
Creek.
Nora Trenacosta used a PowerPoint presentation to express her concerns about a Wal-
Mart in Atascadero. She urged the Council to not process the proposal by Wal-Mart.
Ms. Trenacosta said that the Atascadero Shield Initiative protects the City government
process and the Shield is sponsored by the Oppose Wal-Mart group and that is and
always has been public knowledge.
A citizen who works at McDonald's in Atascadero, stated that she supports a Wal-Mart
in Atascadero. She thinks that Wal-Mart will help local businesses like McDonald's
bring in more revenue and business traffic, thus creating more jobs and working hours
for people like her in the community.
David Broadwater reviewed the history of Wal-Mart being considered in Atascadero and
recommended the Council approve Option #3. He mentioned the election of 2006 and
asked that some of the Council Members recall their words that they would not be in
favor of rezoning. Mr. Broadwater asked for clarification on whether or not Wal-Mart is
paying the impact development fees.
Chad Pasonedy, who has lived in Atascadero all his life, thanked the Council Members
and expressed his opposition to a Wal-Mart in Atascadero. He said that less than 10%
of results from EIR's actually get mitigated when they find that there is some sort of
negative impact. Mr. Pasonedy doesn't support this project because there's another
store in such close proximity, he doesn't think that it's right for the local environment and
he doesn't feel it's a morally correct decision to support the Wal-Mart corporation.
Bob Wilkins urged the Council to continue with E.G. Lewis' vision and bring revenue to
Atascadero by adopting this proposal.
Jeannie Mallory, who lives and works in Atascadero, expressed her surprise that so
many people are in favor of a Wal-Mart in Atascadero despite the facts and research.
She urged the Council to not give up on Atascadero and not to process the application.
Al Fonzi stated he is not a Wal-Mart shopper but he does buy his glasses at their vision
center. He said that our citizens need more shopping opportunities. He urged the
Council to be fair and unbiased and process this General Plan Amendment. He spoke
about the impacts of Proposition 13.
Tom German, who was born in Atascadero, stated he is opposed to a Wal-Mart in
Atascadero. He would like to see Atascadero come together and support the stores
that are now open, even if the cost might be a little more.
Gary Kirkland stated he supports private property rights for Wal-Mart and thinks Council
should approve the proposal. He believes there is no reason why a plan, such as the
General Plan, that was made a long time ago can't be changed or amended with the
times. Mr. Kirkland stated he is here to protect freedom and the right of citizens.
Brian Wallis, a longtime resident and business owner of a recording studio downtown,
doesn't think that Wal-Mart fits in with Atascadero. He supports the "no Wal-Mart" side.
Roberta Fonzi said that as a Planning Commissioner, she feels that every applicant
deserves a fair hearing with all the facts. She believes an EIR would give the City those
facts and she urged the Council to vote for the EIR.
Mary Ritter, Atascadero resident near Del Rio, referred to the saying "build it and they
will come." She commented that she has watched the outlet stores go out of business
due to the fact that there is no anchor store. She thinks Atascadero needs an anchor
store.
Megan Souza hopes to be a voice for younger people in Atascadero. She thinks it's
unfair to gage the health of a City just by sales tax revenue. Ms. Souza believes there
are other options besides a retail store that should be considered to help revitalize
Atascadero.
Mayor Brennler closed the Public Comment period.
Mayor Pro Tem Beraud moved to adjourn, no second.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt Option #1.
Mayor Pro Tem Beraud expressed her concerns about going forward with this process
after hearing that much public comment. She expressed appreciation for Wal-Mart's
efforts to work with the City and to bring back a revised application. She believes this is
a starting point but doesn't feel we're quite ready to go forward with the EIR process.
After reviewing the General Plan she has the following concerns:
1. Is the proposed amendment in the public interest?
2. Loss of high density housing on the Del Rio corner
3. Section II-28: Preserve contours of the hills
4. Policy 5.3: Prevent unnecessary intensive grading
5. Section II-31: Tree covered hills shall be preserved to retain the distinctive scenic
quality of the community
6. Provide park facilities to all Atascadero residents
7. Program II-40: Acquire improved neighborhood park site in the Del Rio/EI
Camino Real Area (5 acres)
8. Housing element V-21: four lots in the multiple lots that are being proposed for
development are identified as potential for affordable housing of 56 units to meet
state housing numbers
9. V-40: Ensure an adequate supply of land for new housing production
Ms. Beraud also mentioned that she has only been on the Council for a short period of
time and can't fix the mis-steps of prior Councils. She's hoping the exact project as
presented tonight will be amended.
Council Member Clay stated that Atascadero needs some hope and he feels that
processing this General Plan Amendment will give Atascadero that hope. He
commented on the excitement over Colony Square as the progress continues. He said
change is inevitable and that Atascadero has changed a lot. He thinks that the General
Plan is just a general guideline. He urged the Council to go forward with this tonight.
Council Member Luna said that the General Plan is the constitution for the development
in the City. He expressed that it is very important that this document should only be
Y p9
changed for ver serious important reasons even though it can be amended 4 times
g
per year (2 for the City and 2 for developers). He stated that the 2002 General Plan
was a 25 year vision. He responded to an earlier comment by saying that Council
would be here reviewing any project if it wasn't consistent with the General Plan, even if
it wasn't Wal-Mart submitting, but most of the public probably would not. He stated that
he thinks the EIR will answer a lot of questions including the questions Mayor Pro Tem
Beraud has raised. He will support this motion and accept the application. He has a lot
of reservations and that's why he's agreeing to send it forward; to get more concrete
information from experts.
Council Member O'Malley would like to move forward with the environmental and
economic analysis and get the facts. He said he concurs with the concerns brought up
by Mayor Pro Tem Beraud and Council Member Luna but has to have the information to
be able to address them. He stated that to implement the General Plan you have to
have a general budget and our City's general budget is in trouble. He expressed thanks
for the support to move forward.
Mayor Brennler stated that he has significant reservations. He said he's not against
Wal-Mart nor does he have an endearment to them. He does have customer service
and quality concerns with regards to Wal-Mart that he's like to find out more about. He
expressed offense that the motion was pushed forward before Council comments.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay, to direct staff to process both of the project
applications by adopting Draft Resolutions A and B. This
action would include directing staff to return to the City
Council for a Specific Plan project boundary approval.
(Resolutions #2008-010 & #2008-011)
Motion passed 4:1 by a roll-call vote. (Beraud opposed)
COMMUNITY FORUM: None
E. ADJOURNMENT:
Council Member Clay made a motion to adjourn and Council Member O'Malley
seconded the motion.
Mayor Brennler adjourned the meeting at 1:00 a.m. to the next regularly scheduled
meeting of the City Council on March 25, 2008.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C., City Clerk
ITEM NUMBER: A-2
DATE: 6/10/08
..gym FF RIM
CITY OF A TASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, March 25, 2008, 7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Brennler called the meeting to order at 7:00 p.m. and Council Member Clay led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Luna and Mayor Brennler
Absent: Council Member O'Malley and Mayor Pro Tem Beraud
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson,
Deputy City Clerk Grace Pucci.
Staff Present: Assistant City Manager Jim Lewis, Fire Chief Kurt Stone, Police Lt.
Carole Robinson, Deputy Public Works Director David Athey, and
City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve the agenda.
Motion passed 3:0 by a roll-call vote.
CC Draft Minutes 03/25/08
Page 1 of 6
A. CONSENT CALENDAR:
1. City Council Meeting Minutes — February 12, 2008
■ City Clerk Recommendation: Council approve the City Council Meeting
Minutes of February 12, 2008. [City Clerk]
2. Atascadero Lake Park Parking Lot Rehabilitation Project Award
■ Fiscal Impact: $104,327.43.
■ Recommendations: Council:
1 . Authorize the City Manager to execute an agreement with Michael
Frederick Paving in the amount of $104,327.43 for the Atascadero
Lake Park Parking Lot Rehabilitation project; and,
2. Authorize the Administrative Services Director to move the
appropriation of $100,000.00 in construction funds from Fiscal Year
2008-2009 to Fiscal Year 2007-2008. [Public works]
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Items #A-1 and 2.
Motion passed 3:0 by a roll-call vote. (Item #A-2 Contract No.
2008-008)
B. PUBLIC HEARINGS:
1. Proposed Ordinance to Amend Title 12, Chapter 1 of the Atascadero
Municipal Code Pertaining to Attorneys' Fees
■ Disclosure of Ex Parte Communications
■ Description: Ordinance, if adopted, would allow the "prevailing party" to
recover attorneys' fees in civil and administrative nuisance abatement
actions.
■ Fiscal Impact: Unknown.
■ Recommendation: Council introduce for first reading, by title only, the
Draft Ordinance amending Section 12-1.06 and adding Section 12-1.08 of
Title 12, Chapter 1 of the Atascadero Municipal Code pertaining to
attorneys' fees. [City Attorney]
Ex Parte Communications— None
City Attorney Brian Pierik gave the staff report and answered questions of Council.
PUBLIC COMMENT
Al Fonzi urged the Council to consider this carefully as those most affected are those
who are least able to assume the litigation fees.
Mayor Brennler closed the Public Comment period.
CC Draft Minutes 03/25/08
Page 2 of 6
City Attorney Brian Pierik addressed the issue raised by Mr. Fonzi.
MOTION: By Council Member Luna and seconded by Council Member
Clay to introduce for first reading, by title only, the Draft
Ordinance amending Section 12-1.06 and adding Section 12-1-
1.08 of Title 12, Chapter 1 of the Atascadero Municipal Code
pertaining to attorneys' fees.
Motion passed 3:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. Downtown Forum Report and Next Steps
■ Fiscal Impact: Minor costs for signage and staff time.
■ Recommendations: Council:
1 . Receive and file results from the Downtown Forum; and,
2. Direct staff to proceed with recommended action plans. [City
Manager]
Assistant City Manager Jim Lewis gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Steve Martin, Executive Director Atascadero Main Street, commented on several of the
staff's recommended actions and the list of suggestions from the forum.
Joanne Main, President / CEO Chamber of Commerce, spoke about Stadium Park and
the possible implementation of its Master Plan and the positive incentives of rolling back
impact fees.
Jim Harrison, Main Street Board Member, spoke about the possible increase in funding
for Main Street and how that would enable Main Street to expand their events in the
City. Regarding incentives for the downtown, he suggested staff and Council put time
into researching this topic, particularly for the older buildings.
Mayor Brennler closed the Public Comment period.
There was Council consensus to receive and file the results from the downtown
forum and move forward with the eight recommended actions in the staff report.
CC Draft Minutes 03/25/08
Page 3 of 6
2. Update on Broadcasting Council Meetings and AGP Contract
■ Fiscal Impact: Cost for the one-year agreement is estimated at
$53,000.00.
■ Recommendations: Council:
1. Receive and file update on PEG Fees and participation of Charter
Cable in supporting public, educational and government access
channels; and,
2. Authorize the City Manager to enter into a one-year agreement with
AGP Video, Inc., of Morro Bay, California, for broadcasting City
Council and Planning Commission meetings, with an estimated
annual cost of $53,000. [City Manager]
Assistant City Manager Jim Lewis gave the staff report and answered questions of
Council.
PUBLIC COMMENT
David Broadwater spoke in support of broadcasting meetings, and expressed concern
with changes to the Scope of Work giving too much discretion to the City Manager to
decide on broadcasting special meetings, putting this off until the last minute, and
extensions of the franchise agreement and use of PEG funds.
Mayor Brennler closed the Public Comment period.
MOTION: By Council Member Luna and seconded by Council Member
Clay to receive and file update on PEG Fees and participation
of Charter Cable in supporting public, educational and
government access channels; and, authorize the City Manager
to enter into a one-year agreement with AGP Video, Inc., of
Morro Bay, California, for broadcasting City Council and
Planning Commission meetings, with an estimated annual cost
of$53,000.
Motion passed 3:0 by a roll-call vote. (Contract No. 2008-009)
COMMUNITY FORUM:
Joanne Main, President / CEO Chamber of Commerce, spoke about the Rite Aid
proposal which came before the Planning Commission last week, and of her
disappointment in their treatment of this applicant. She expressed concern that there
are four Commissioners who are not business friendly and their comments were rude to
the applicants.
Steve Martin, Executive Director Main Street, reviewed the promotional activities Main
Street will be involved in for the remainder of the year.
CC Draft Minutes 03/25/08
Page 4 of 6
Heather Moreno spoke about the vote to continue the Rite Aid application by the
Planning Commission and the importance of this project. She was concerned that there
are several Commissioners who are obstructionists and negative. She suggested that
there needs to be pro-active input from the Council to remind the Commissioners to
encourage business, not turn it away.
David Broadwater reiterated his concerns about giving the City Manager the discretion
on broadcasting certain meetings or not. He also spoke about development impact fees
and asked where the money will come from to pay for the interchange at Del Rio. He
mentioned the policy issue of what candidates for office can say during certain time
frames, and would like to receive the information on that issue in the memo developed
by the City Attorney. He encouraged Council to read the Attorney General's book on the
Brown Act.
Al Fonzi spoke about citizens who watch the meetings on television and on the web,
and commented that people are talking about the appointees, who are a direct reflection
of Council. He encouraged Council Members to watch the Planning Commission
meetings.
Tom Riggett, Home Depot Store Manager, introduced himself and spoke about the
programs they have available to help the community.
Joanne Main asked if the City Attorney could comment on the attorney fees for January
and what types of issues have caused so much research.
Mayor Brennler closed the Community Forum period.
City Attorney Brian Pierik addressed issues raised in the Community Forum period.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Council Member Clay spoke about the investigation of the Youth Center and the
complaint filed with the State. Assistant City Manager Jim Lewis explained the City
received a letter stating that the site is clear. Regarding the Planning Commission
meeting referenced earlier, Council Member Clay attended the meeting and had no
problem with the questions that were asked, but thought that there was some arrogance
displayed with the way that they were asked.
Council Member Luna thanked the new manager of Home Depot for volunteering his
assistance and hopes staff will seek him out for projects where they could help.
Mayor Brennler read the last paragraph of the letter from the California Department of
Public Health regarding the Youth Center site. He announced the Economic
9 g
CC Draft Minutes 03/25/08
Page 5 of 6
Development Strategy meeting on April 8th, and that the consultant work product would
be available for public. He also announced the Campaign Reform workshop to be held
April 2"d and April 3rd
D. COMMITTEE REPORTS:
Mayor Brennler
Air Pollution Control District (APCD): announced a program where SLO County
residents can purchase a rechargeable lawn mower with the exchange of a gas
powered mower.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Attorney
Concerning the Rite Aid project, Mr. Pierik recommended that each Council
Member indicate at this time if it is their intention to have an open mind; that they
will review the information as it comes before them, that they will deliberate
objectively, and that they haven't prejudged that matter. Each Council Member
in attendance did so affirm.
F. ADJOURNMENT:
Mayor Brennler adjourned the meeting at 9:07 p.m. to the next regularly scheduled
meeting of the City Council on April 8, 2008.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C., City Clerk
CC Draft Minutes 03/25/08
Page 6 of 6
ITEM NUMBER: A-3
DATE: 6/10108
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less
Atasca%d ro City Council January 2008
Staff Report - City Treasurer
January 2008 Investment Report
RECOMMENDATION;
Council approve the City Treasurer's report for January 2008
REPORT IN BRIEF:
Cash and Investments
Checking $ 693,179
Money Market Accounts 1
Certificates of Deposit 7,851,053
Government Securities 8,596,245
LAI F 18,355,970
Cash with Fiscal Agents 127,864
Cash in Banks at January 31, 2008 $ 35,624,312
Deposits in Transit -
Outstanding Checks (512,415)
Cash and Investments at January 31, 2008 $ 35,111,897
Investment Activity
Securities Purchased:
Purchase Date Description Type Cost Maturity Date
01/07/08 FHLB#3133XWN6 govt security $ 400,000 01/07/13
01/16/08 Wachovia Mortgage CD 100,000 01/17/12
01/23/08 Capital One Bank CD 100,000 01/23/13
01/24/08 Magnet Bank CD 100,000 01/24/11
01/28/08 FHLB#3133XP4T8 gov't security 300,000 01/28/13
Securities Matured:
Maturity Date Description Type Original Cost Amount Matured
01/21/08 Lincoln Bank CD $ 97,000 $ 97,000
01/22/08 FHLMC#3128X24T9 gov't security 337,212 340,000
Page 1 of 16
Securities Sold/Called Prior to Maturity:
Transaction Original Cost Gain (Loss)
Tran Date Description /Type Maturity Sale Price on Call
Remaining
01/03/08 government security 12/15/11
Called FHLIVIC#3133F1 BM8 147,277 150,000 2,723
01/11/08 government security 08/15/09
Called FNIVIA#3136F4TBO 375,174 382,000 6,826
01/22/08 government security 11/23/11
Called FNIVIA#3130F5QC8 400.000 400.000 '
01/2400 government security 0408/11
Called FHLB #3133X9XU5 100,000 100,000 - �
'
01/29/08 government security 12/23/09
Called FHLIVIC #3133F0T25 127.408 133.000 5.594
01/31/08 government security 12/15/10
\
Other ReportableActvit|as:
None
|
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CITY OF ATASCADERO
TREASURER'S REPORT
CASH& INVESTMENTS ACTIVITYSUMAIARY
FOR THE MONTH OF JANUARY 2008
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
January 1, 2008 $ 1,492,814 $ 32,321,587 $ 127,501 $ 33,941,898
Receipts 4,426,930 196,752 363 4,624,045
Disbursements (2,941,631) - - (2,941,631)
Transfers In 3,590,069 5,874,999 - 9,465,068
Transfers Out (5,874,999) (3,590,069) - (9,465,068)
Balance per Banks at
January 31,2008 $ 693,179 $ 34,803,269 $ 127,864 35,624,312
Deposits in Transit -
Outstanding Checks (512,415)
Adjusted Treasurer's Balance $ 35,111,897
Page 3 of 16
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City of Ataseadero
Investments by Type
January 2008
Cash with Other
Fiscal A'ent 0
Government
Securities
25`Y,,
011
Certlfic'at(
3
of Deposll
920%
Investment January 2008
LAIF $ 18,355,970
Certificates of Deposit 7,851,053
Goverruneut Securities 8,596,245
Cash with Fiscal Agent 127,864
Other 1
$ 34,931,133
Page 13 of 16
City of Atascadero
Investments by Maturity
January 2408
One Month
to One Year
9`o
On Demand
53% .., Qne to[give Years
38%
Investment January 2008
On Dcrnand $ 18,355,971
Within One Month -
One Month to One Year 3,042,445
One to Five Years 13,404,853
34,803,269
Page 14 of 16
City of Atascadero
Investments by Custodial Agent
January 2008
Union Bank
Bank of New
a ss Ita zs�s4rE s York
VR.�'tr t �� sq""`rs
a"" x
HD
x�'
z Fi K^� t a
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t
Other
(1°�n
State of California
52%
Custodial Agent January 2008
State of California $ 18,355,970
Other 53,977
Union Bank 16,393,322
Bank of New York 127,864
$ 34,931,133
Page 15 of 16
City of Ataseadero
Investment Yield vs. 2-Year Treasury Yield
For the Month Ended January 31, 2008
6.00%
5.00°!°
4.00°10
K°°�'1wauuaeeuC��
3.00°l°
2,00°fo —
1.00°l°
0.00°1°
01 01 O� 01 O� Al 01 C�1
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,acOa e��a 40 PQ o �° "44`a�� eo QyQ�o aGa�° a�oa
F 11
—�--Oity Yield
—0—2-Yr Treasury Weighted Portfolio Yield
2-Yr
Treasury
Weighted
Portfolio
City Yield Yield
January 2007 4.70% 4.05%
February 2007 4.72% 4.02%
March 2007 4.72% 3.88%
April2007 4.76% 3.98%
May 2007 4.80% 4.07%
June 2007 4,83% 4.23%
July 2007 4.82% 4.12%
August 2007 4.82% 3.87%
September 2007 4.82% 3.74%
October 2007 4.77% 3.71%
November 2007 4.71% 3.42%
December 2007 4.63% 3.30%
January 2008 4.55% 2.87%
Page 16 of 16
ITEM NUMBER: B-1
DATE: 6/10/08
i9is` 1 9
\ATASCAn�O/%
Atascadero City Council
Staff Report— Police Department and City Attorney
Ordinance to Amend City's Smoking Ordinance
to Include Prohibition of Smoking at Atascadero State Hospital
RECOMMENDATION:
Council introduce for first reading by title only, the Draft Ordinance adding Section 8 to
Title 6, Chapter 6 of the Atascadero Municipal Code providing for the prohibition of
smoking at the Atascadero State Hospital.
DISCUSSION:
In a letter dated March 14, 2008 (Attachment A), the Atascadero State Hospital
Executive Director requested that the City modify its smoking ordinance to include the
State Hospital property. On May 13, 2008, the City Council directed Staff to prepare an
ordinance responding to the request. The draft ordinance is attached hereto as
Attachment B.
Atascadero State Hospital is an all male patient, maximum security forensic facility,
designated as a psychiatric hospital. The hospital is asking for the modification at the
behest of the California Department of Mental Health. It is the Department of Mental
Health's intent to ban smoking in and out of doors at all of its State hospitals. Currently,
California Assembly Bill No 846, approved September 8, 2003, prohibits smoking in
public buildings that are state-owned, occupied, or leased. Included are passenger
vehicles owned by the State. Smoking is prohibited within 20 feet of main exits,
entrances, or operable windows of a public building.
Atascadero State Hospital had started the implementation process of a comprehensive
ban, but was informed by the State Department of Public Health that the Hospital could
not go forward with a ban that is more comprehensive than AB 846. However, the
Department of Mental Health has been successful in restricting smoking in the City of
San Jose where a local ordinance passed in 2007 provides for a ban in State facilities.
The Department is requesting that Atascadero adopt a similar ordinance.
On May 13, 2008, the City Council considered the hospital's request and directed Staff
to prepare the required amendment to the Municipal Code to respond to the request.
The amendment would add a new Section 6-6.08 to the Municipal Code, allowing the
Executive Director to prohibit smoking at the hospital:
The Executive Director of the Atascadero State Hospital may declare the
entire hospital, including indoor and outdoor areas, to be a nonsmoking
establishment, provided such declaration is consistent with any applicable
Federal and State laws and regulations. The Executive Director or his or
her designee shall have the primary responsibility for enforcement of this
Section at the hospital.
If implemented, Atascadero State Hospital Police under the control of the Executive
Director would be the primary agency for enforcement of the ordinance on hospital
grounds. The amendment specifically states that the prohibition on smoking at the
hospital is subject to State and Federal laws and regulations.
FISCAL IMPACT:
None
ALTERNATIVES:
Take no action.
ATTACHMENTS:
Attachment A Letter dated March 14, 2008 to Chief Mulhall from Atascadero State
Hospital Executive Director Jon De Morales
Attachment B Draft Ordinance
Attachment A
C A L I F O R N I A D E P A R T M E n i y r
Mental
Atascadero State Hospital
P. 0. Box 7001,Atascadero, CA 93423-7001
(805)468-2001 FAX: (805)466-6011
March 14, 2008 MAR 1 7 2008
Chief Jim Mulhall _ _1
Atascadero Chief of Police
5505 EI Camino Real
Atascadero, CA 93422
Dear Chief Mulhall:
Atascadero State Hospital (ASH), at the behest of the Department of Mental Health
(DMH), is requesting modification of the Atascadero City's Smoking Ordinance to include
the proposed language attached. It is DMH's intent to ban smoking in and out of doors
at all of its state hospitals.
Currently, the California Department of Corrections and Rehabilitation bans smoking at
all of its 33 facilities. Most county jails throughout the state also prohibit smoking. The
Department of Public Health (formerly Health Services), charged with enforcing health
regulations, will not allow state hospitals to ban smoking in its facilities. Regulations
require that long term care facilities, a category in which state hospitals are included,
provide designated smoking areas for the facility's residents.
In a case involving a long term care facility within the San Jose City limits, a superior
court ruled that the San Jose City ordinance on smoking trumped the Health Services'
regulation. The San Jose City ordinance is very similar to the language we are
proposing to modify the Atascadero City ordinance on smoking.
I respectfully request that Atascadero City Council consider modification of the
Atascadero City ordinance on smoking. If implemented, this will allow ASH to
successfully ban smoking throughout the facility_ This ban on smoking would be
extremely beneficial to all non-smokers, staff and patients alike within the facility, as well
as improve the health of the smokers and reduce costs associated with housekeeping,
maintenance, supervision, and health care.
Sincerely,
JON DE MORALES
Executive Director
JD/mc
Attachment
PROPOSED SMOKING ORDINANCE LANGUAGE
Notwithstanding any other provision of law, any owner, operator, manager, or other
person who controls any establishment or facility may declare that entire establishment
or facility as a nonsmoking establishment. The terms "entire establishment or facility"
shall include a tract of land with buildings thereon and a building with its grounds,
including any State Hospital and its grounds.
Attachment B
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADDING SECTION 8 TO TITLE 6,
CHAPTER 6 OF THE ATASCADERO MUNICIPAL CODE, PROVIDING
FOR THE PROHIBITION OF SMOKING AT THE
ATASCADERO STATE HOSPITAL
WHEREAS, the City of Atascadero has adopted a prohibition against smoking
(including but not limited to the smoking of tobacco and tobacco products) in designated public
places throughout the City; and,
WHEREAS, the Executive Director of the Atascadero State Hospital requested that the
City expand its smoking prohibition to all interior areas of the Atascadero State Hospital, and, at
the discretion of the Executive Director, exterior areas of the Atascadero State Hospital; and,
WHEREAS, the City recognizes that smoking tobacco, including the breathing of
sidestream or secondhand smoke, remains a proven danger to the health of human beings; and
WHEREAS, the City recognizes that the residents and employees of the Atascadero
State Hospital may be subjected to involuntary breathing of sidestream or secondhand smoke
while in that facility or on its grounds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings
The City Council hereby incorporates the foregoing recitals and in addition finds as
follows:
1. There may be Federal or State of California laws or regulations applicable to the
smoking of tobacco or other products in or on the grounds of the Atascadero State
Hospital.
2. The Executive Director of the Atascadero State Hospital is in the best position to
learn and interpret the laws and regulations applicable to the smoking of tobacco or
other products in or on the grounds of the Atascadero State Hospital.
3. Courts in the State of California have recognized that while there is no statewide ban
on smoking in mental health or correctional facilities, a municipal ordinance allowing
for the prohibition of smoking at a mental health or correctional facility will provide
for equal health benefits for the residents and employees of the facility as are
provided for the public at large.
1A#4837-1273-5746 v2
SECTION 2. Adoption. Section 6-6.08 (Prohibition at the Atascadero State Hospital) of
the Atascadero Municipal Code is added to read in whole as follows:
6-6.08 Prohibition at the Atascadero State Hospital.
The Executive Director of the Atascadero State Hospital may declare the entire
hospital, including indoor and outdoor areas, to be a nonsmoking establishment,
provided such declaration is consistent with any applicable Federal and State laws
and regulations. The Executive Director or his or her designee shall have the
primary responsibility for enforcement of this Section at the hospital.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes, must be published twice: at least five (5) days prior to its final passage in the
Atascadero News or other newspaper of general circulation in the City of Atascadero, and before
the expiration of fifteen (15) days after its final passage in the Atascadero News or other
newspaper of general circulation in the City of Atascadero. A copy of the full text of this
ordinance must be on file in the City Clerk's Office on and after the date following introduction
and passage and must 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:
ATTEST: CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., Mike Brennler, Mayor
City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM NUMBER: C-1
DATE: 6/10/08
moan° �aF I�
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Atascadero City Council
Staff Report— Public Works Department
Final Map 2007-0156 (Tract 2733)
6905 EI Camino Real (TTM 2005-0071 Amendment)
Colony Square
(James Harrison/Community Redevelopment Agency of
Atascadero)
RECOMMENDATIONS:
Council:
1. Adopt and Approve Final Map 2007-0156 (Tract 2733); and,
2. Accept offer of dedication for Capistrano Avenue.
3. Reject, without prejudice to future acceptance, the offer of dedication for
easements for sewer and storm drain on behalf of the Public.
4. Order the abandonment, in Accordance with Government Code Section
66499.20-1/2 with the filing of the map, of the offer of dedication for Public
Highway and incidental purposes, recorded January 17, 1922, in Book
150 of Deeds at Page 110 the easements for sewer pipeline purposes to
the Atascadero County Sanitation District per the documents recorded
March 3, 1970, in Book 1556 of Official Records, At Pages 89 and 91,
The easement for sewer line purposes as granted to the City of
Atascadero by deed recorded October 19, 1990, in Book 3598 of Official
Records at Page 65, and the easements for Public Utility, Storm Drain and
Sewer Line purposes per Parcel Map at 85-225 as recorded February 29,
1988, in Book 43 of Parcel Maps at Page 8, and the same.
5. Authorize and direct the City Clerk to endorse the City Council's approval
on the map.
6. Authorize City Manager to sign a Subdivision Improvement Agreement for
improvements associated with Final Map 2007-0156.
DISCUSSION:
Amendments to Tentative Tract Map 2005-0071/Tract 2733 were approved by
the Planning Commission on April 15, 2008. The Amended Tentative Tract Map
approved the division of 5.9 acres into 8 lots. Two of the lots contain 67 airspace
condominiums.
ITEM NUMBER: C-1
DATE: 6/10/08
Pursuant to California Government Code Section 66440 the approving legislative
body (City Council) cannot deny a final map that is consistent with an approved
tentative map. The legislative body is also required to accept, accept subject to
improvement, or reject on behalf of the public, any real property offered for
dedication for public use in conformity with the terms of the offer of dedication.
Staff has determined that the Final Map is consistent with approved Tentative
Tract Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2007-0156,
Exhibit A
Final Map 2007-0156(Tract 2733)
6905 El Camino Real
James Harrison,Atascadero Redevelopment Agency
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ITEM NUMBER: C-2
DATE: 6/10/08
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Atascadero City Council
Staff Report- Public Works
Agreement Between the City of Atascadero and Colony Square
Regarding the Recording of Master CC&R's for Tract 2733
RECOMMENDATION:
Council authorize the City Manager to execute an Agreement between the City of
Atascadero and Colony Square regarding the recording of Master CC&Rs for Tract
2733.
DISCUSSION:
This proposed Agreement is between the City of Atascadero and Colony Square and
relates to the timing of the recording of the Master CC&Rs for Tract 2733.
Condition 16 for the Colony Square project provides that the Master CC&Rs for the
project be recorded with the Final Map for Tract 2733. Colony Square has requested to
be allowed an extension of up to six months after the recording of the Final Map for
Tract 2733 to record the Master CC&Rs. The proposed Agreement would allow for such
a six-month extension, but also requires that Colony Square submit to the City a draft
Master CC&Rs by June 30, 2008 or such other date as agreed by the parties.
As a practical matter, the Master CC&Rs can be deferred as requested because the
construction schedule for the project does not anticipate the necessity of Master CC&Rs
until after the six-month extension period. The City is interested in assuring that the
Master CC&Rs are recorded before there are tenants or owners occupying the
premises. As a result, the proposed Agreement includes a provision that no certificates
of occupancy must be issued until the Master CC&Rs have been recorded.
One of the reasons that Colony Square requires the extension of time to record the
Master CC&Rs is the possible need for review of the Master CC&Rs by the California
Department of Real Estate.
FISCAL IMPACT:
There is no anticipated fiscal impact to the City as a result of entering into the proposed
Agreement.
ALTERNATIVES:
The City could not enter into the proposed Agreement. If the City chooses to not enter
into the proposed Agreement, there would be a delay in the recording of the Final Map
and most likely a delay in the completion of the project.
ATTACHMENTS:
Agreement between the City of Atascadero and Colony Square regarding the recording
of Master CC&Rs for Tract 2733.
AGREEMENT
This Agreement is made this day of 2008, by and between the City of
Atascadero, California, a public body, corporate and politic ("City"), and Colony Square, LLC, a
California limited liability company("Colony Square"), with reference to the following facts:
A. On April 15, 2008, Colony Square submitted to the Planning Commission of City,
and the Planning Commission approved, tentative subdivision map 2733 (herein
"TM 2733") for the development of certain real property owned by Colony Square
and further described in Exhibit"A" attached hereto.
B. As part of its approval, City imposed certain conditions on TM 2733, among
which is Condition 16, which states in part as follows:
16. Prior to Final Map, the applicant shall submit Master CC&Rs for
maintenance of the commercial lots for review and approval by the Community
Development Department. The master CC&Rs shall record with the Final Map.
The applicant may request deferring the Master CC&Rs. Such request shall be
made in writing to the Community Development Director and will be subject to a
separate legal agreement regarding the recordation timing of the Master CC&Rs
and restriction on the property prior to recordation of the Master CC&Rs. In no
cases shall any parcels be sold or transferred, or any structures finaled prior to
recordation of the Master CC&Rs".
C. Colony Square (applicant)has requested, and City is agreeable to such request,
that recording of the Master CC&Rs be deferred for a period up to six (6) months
subsequent to the recordation of the final subdivision map of Tract 2733, subject
to the terms and conditions set forth below.
NOW, THEREFORE, the parties agree as follows:
1. Deferral of Recordation of Master CC&Rs. The parties agree that the Master
CC&Rs shall not be recorded concurrent with the recordation of the final
subdivision map of Tract 2733 and that recordation of the Master CC&Rs shall be
deferred for a period up to six (6)months subsequent to the recordation of the
final subdivision map of Tract 2733. The parties anticipate that the final
subdivision map of Tract 2733 shall record upon final council review and
approval of all related documents. Colony Square shall submit to City a draft
Master CC&Rs by June 30, 2008, or such other date, if any, as agreed in writing
by the parties. In no case shall any of the lots be sold or transferred prior to
recordation of the Master CC&Rs.
2. Certificates of Occupancy. Until the Master CC&Rs have recorded, City shall
have no obligation to issue to Colony Square certificates of occupancy for any
commercial improvements constructed by Colony Square in Tract 2733.
3. Department of Real Estate, Amendment. The parties acknowledge that the Master
CC&Rs may have to be reviewed and approved by the California Department of
Real Estate ("DRE") in conjunction with the issuance of a final subdivision public
report for Tract 2733. The parties further acknowledge that such review and
approval by the DRE may not occur within the six (6)month period set forth
above, and as a consequence, the Master CC&Rs may not record within such six
(6) month period. In such event, the parties agree to reasonably cooperate with
each other in extending the time period by which the Master CC&Rs must record
so that among other things any approval required by the DRE has been obtained
prior to recordation of the Master CC&Rs.
4. General
A. City and Colony Square acknowledge that the individual executing this
Agreement on their behalf have been duly authorized by City and Colony
Square to do so.
B. This Agreement shall be binding upon and shall insure to the benefit of the
parties, and their respective successors and/or assignees.
C. This Agreement constitutes the entire agreement of the parties regarding
the subject matter described herein and supersedes all prior
communications, agreements, and promises, either oral or written.
D. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
E. The terms and conditions set forth herein may be modified or amended at
any time. Any such modification or amendment must be in writing and
executed by the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
written above.
CITY: COLONY SQUARE:
The City of Atascadero, a public body Colony Square, LLC, a California
corporate and politic limited liability company
By: By:
Wade McKinney, City Manager Manager
Exhibit A
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ITEM NUMBER: C-3
DATE: 6-10-08
1 7e
A tascadero City Council
Staff Report— Public Works Department
Streetscape Phase Ila Award
(City Bid No. 2008-005)
(Construction of Improvements at Palma and Traffic Way
and Virginia Plaza Crosswalk)
RECOMMENDATIONS:
Council:
1. Authorize the City Manager to execute a contract in the amount of $730,161.20 with
Granite Construction Incorporated to construct the improvements at Palma and Traffic
Way and Virginia Plaza Crosswalk; and,
2. Authorize the Public Works Director to file a notice of completion after the project is
finished.
DISCUSSION:
The Streetscape Phase II project has been under development and design since 2007.
The first two project areas are the intersection at Palma and Traffic Way and the Virginia
Plaza Cross Walk (hereafter referred to as Streetscape Phase Ila.) The Phase Ila project
has been out to bid for 30 days. Bids were opened on June 2, 2008, and the results are
discussed below.
The Phase Ila project consists of the following improvements
Palma and Traffic Way
• Bulb-outs on the corner of Palma and Traffic Way and across from Palma Ave.
• A planted median to eliminate left-hand turns onto Traffic Way.
• Reconstructed sidewalks on the north side of Traffic Way.
• New street trees (London Plane Sycamore) with structural soil to improve deep
rooting.
• New street lights, trash receptacles, bike racks and benches.
• Restriping of the section of Entrada Avenue between Palma and Lewis Avenues.
Virginia Plaza Midblock Crosswalk
• Solar powered, push button activated flashing crossing lights. The lights will be
installed to warn drivers when pedestrians are using the crosswalk.
ITEM NUMBER: C-3
DATE: 6-10-08
• New bulb-outs that incorporate American with Disability Act (ADA) compliant
ramps.
• A crosswalk with a tumbled roman paver surface.
• New benches, street lights, sidewalk and street trees.
All environmental reviews and permits have been obtained by City staff.
The bids were opened on June 2, 2008, and were reviewed for accuracy and
compliance with the City of Atascadero Procurement Policy. The lowest bidder was
California Coastal Development. However, California Coastal Development requested,
via email on June 3, 2008, that they be allowed to withdraw their bid. California Coastal
made the request based on their belief that there bid did not reflect the scope of work
that was ultimately intended for bid. According to California Coastal, they did not get
the addendum design sheets from their local Plan Room. California Coast was not on
the City's plan holder set due to the fact they did not get a plan set from the City. The
Public Works Director has granted California Coastal Construction's request.
Therefore, the responsible low bidder was Granite Construction Incorporated with a bid
of $730,161.20. The bid summary is included as Attachment 1.
FISCAL IMPACT:
The fiscal impact of awarding the bid is $730,161.20 in budgeted redevelopment funds.
As shown below, there is a projected funding shortage of $70,180 for the remaining
streetscape project areas, as currently designed. Staff will be evaluating where cuts
can be made to each of the future project areas in order to align the construction costs
with the remaining available funding. Staff will present options for future scope
reductions at this City Council Meeting. Staff will be bringing these remaining project
areas to Council for consideration as soon as design and costs are reconciled. Staff will
remain focused on project priority elements (Entry Arch, street trees, Pedestrian Tunnel,
Rosario Gateway) when considering where reductions can occur.
The projected sources and uses of funds for the project are as follows:
I
ITEM NUMBER: C-3
DATE: 6-10-08
FUNDING USES"
Phase Ila - Traffic Way/ Palma, Virginia Cross Walk
Design $ 115,650
Construction Cost 730,161
Construction Support 73,020
Contingency 146,029
Subtotal Phase Ila $ 1,064,860
Phase Ilb - Rosario Gateway, Pedestrian Tunnel, Entry Arch
Area, ECR Medians and Paving
Design 316,740
Estimated Construction Costs 1,960,000
Construction Support 196,000
Contingency 392,000
Subtotal Phase Ilb 2,864,740
Total Estimated Cost $ (3,929,600)
FUNDING SOURCES
Streetsca e Project
Redevelopment Bond Funds $ 2,469,640
Redevelopment Agency Funds 397,500
LINK Pedestrian Tunnel Donations 3,680
STIP Transportation Enhancement 375,000
Subtotal Streetsca e Projects 3,245,820
Way-findingWay-finding Program
Redevelopment Bond Funds 613,600
Total Funding Sources $ 3,859,420
PROJECTED FUNDING SHORTFALL $ (70,180)
Attachment:
1) Bid Summary Sheet
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