HomeMy WebLinkAbout011012 CC Agenda-Amnd-combined . yl
'a`$ i979CITY OF A TA SCA DERO
CITY COUNCIL
AMENDED AGENDA
Tuesday, January 10, 2012
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
City Council: 6:00 P.M.
Public Financing Authority: Immediately following the
City Council meeting
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Clay
ROLL CALL: Mayor Kelley
Mayor Pro Tem O'Malley
Council Member Clay
Council Member Fonzi
Council Member Sturtevant
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Chief of Police Jerel Haley will introduce new Police Chaplains to the
Council.
2. Presentation of Life Saving Award to Sgt. Joe Allen of the Atascadero
Police Department.
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. City Council Draft Action Minutes — December 13, 2011
■ Recommendation: Council approve the City Council Draft Action
Minutes of December 13, 2011. [City Clerk]
2. November 2011 Accounts Payable and Payroll
■ Fiscal Impact: $3,035,082.91.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for November 2011. [Administrative
Services]
3. Historic City Hall Project Change Order: Hazardous Materials
Monitoring Consultant Services
■ Fiscal Impact: $39,535.11.
■ Recommendations: Council:
1. Authorize the City Manager to execute a change order with Meca
Consulting, Inc. (dba Millennium Consulting Associates) in the
amount of $39,535.11 for Phase 3 of Hazardous Materials
Abatement Consulting and Monitoring Services for the Historic City
Hall Project; and,
2. Authorize staff to approve any future change orders with Millennium
for Hazardous Materials Abatement Consulting and Monitoring
Services for the Historic City Hall Project that are less than $10,000.
[Administrative Services]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 minutes will be allowed for
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information, may contact the City Clerk's Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtor erson atascadero.org.)
B. PUBLIC HEARINGS:
1. PLN 2007-1190 / APL 2011-0016 / Amendment to CUP 2007-0203 --
Appeal of Planning Commission Approval to Increase Existing
Residential Care Facility to a Maximum of 15 Clients (9525 Gallina
Court / Vraiich)
■ Fiscal Impact: None.
■ Recommendation: Council adopt Draft Resolution "A" denying the
appeal and upholding Planning Commission's approval of an
amendment to Conditional Use Permit 2007-0203, increasing a
residential care facility at 9525 Gallina Court from 10 to 15-clients based
on findings and subject to conditions of approval. [Community
Development]
C. MANAGEMENT REPORTS:
1. 2012 Community Development Block Grants — Draft Recommendations
■ Fiscal Impact: Available funds are estimated at $170,000 for the 2012
cycle.
■ Recommendation: Council develop and adopt draft funding
recommendations for the 2012 Community Development Block Grant
(CDBG) funds. [Public Works]
2. Resolution Regarding Successor Agency / Successor Housing Agency
to the Dissolving Redevelopment Agency
■ Fiscal Impact: The Fiscal Impact of AB 1 X 26 upon the City of
Atascadero is under review.
■ Recommendation: Council adopt the Draft Resolution (1) Determining
the City of Atascadero Will Serve As the Successor Agency to the
Atascadero Redevelopment Agency ("Agency") and (2) Electing that the
City of Atascadero Retain the Housing Assets and Functions Previously
Held and Performed by the Agency. [City Attorney]
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 Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3. City of Atascadero Finance Committee
4. County Mayors Round Table
5. Economic Vitality Corporation, Board of Directors (EVC)
6. Homeless Services Oversight Council
Mayor Pro Tem O'Malley
1. City / Schools Committee
2. Integrated Waste Management Authority (IWMA)
3. League of California Cities — CITIPAC Board Member
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (SLORTA)
Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee
3. City of Atascadero Finance Committee
4. SLO Local Agency Formation Commission (LAFCo) - alternate
Council Member Sturtevant
1. City / Schools Committee
2. Community Action Partnership of SLO County
3. League of California Cities — Council Liaison
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURN TO MEETING OF THE PUBLIC FINANCING AUTHORITY OF
ATASCADERO
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 amended agenda for the January 10, 2012 Regular Session of the Atascadero City
Council was posted on January 5, 2012, 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 5`h day of January, 2012, at Atascadero, California.
Victoria Randall, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE A TA SCA DERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a
Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence
immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at
the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of
the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback.
Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City's website at
www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more
information (470-3400).
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.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support
your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must
be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your
presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence
and turn in the printed copy.
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
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
ITEM NUMBER: A- 1
DATE: 01/10/12
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CITY OF ATASCADERO
CITY COUNCIL
DRAFT ACTION MINUTES
Tuesday, December 13, 2011
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
City Council Regular Session 6:00 p.m.
Community Redevelopment : Immediately following conclusion of
Agency of Atascadero the City Council Regular Session
(Please note special meeting time.)
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
Mayor O'Malley called the meeting to order at 6:00 p.m. and Mayor Pro Tem Kelley led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Fonzi, Sturtevant, Mayor Pro Tem Kelley
and Mayor O'Malley
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
Atascadero City Council
Draft Action Minutes- 12/13/11
Page 1 of 6
ITEM NUMBER: A- 1
DATE: 01/10/12
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Administrative Services Director Rachelle Rickard, Community
Development Director Warren Frace, Public Works Director Russ
Thompson, Community Services Director Brady Cherry, Police
Chief Jerel Haley, and City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Council Member Fonzi and seconded by Council Member
Sturtevant to approve the agenda.
Motion passed 5:0 by a roll-call vote.
CITY COUNCIL REORGANIZATION:
PUBLIC COMMENT: None
Council Member Fonzi stated that she feels it would be unfair for the new appointed
Mayor to run for the office of elected Mayor next year, because they would have an
unfair advantage as they will be in the public eye as Mayor. She would like to ask
whoever is nominated tonight if they will pledge if they will, or will not, be running for
Mayor next year.
1. Council Appointment of Mayor — The City Clerk will accept
nominations from the Council Members.
Mayor O'Malley requested nominations for Mayor.
Council Member Clay nominated Council Member Kelley, and Council Member Fonzi
seconded the nomination.
Council Member Fonzi asked Mayor Pro Tem Kelley if he is planning on running for the
elected Mayor position in 2012. Mayor Pro Tem Kelley stated that he has no intention
of running for Mayor in 2012.
Council Member Fonzi asked if he is pledging that he will not run. Mayor Pro Tem
Kelley stated he has no intention of running.
MOTION: By Council Member Clay and seconded by Council Member
Fonzi to elect Mayor Pro Tem Kelley to the position of Mayor.
Motion passed 5:0 by a roll-call vote.
Atascadero City Council
Draft Action Minutes- 12/13/11
Page 2 of 6
ITEM NUMBER: A- 1
DATE: 01/10/12
2. Council Appointment of Mayor Pro Tem — The new Mayor will accept
nominations from the Council Members.
Mayor Kelley requested nominations for Mayor Pro Tem.
Council Member Clay nominated Council Member O'Malley, and Mayor Kelley
seconded the nomination.
MOTION: By Council Member Clay and seconded by Mayor Kelley to
elect Council Member O'Malley to the position of Mayor Pro
Tem.
Motion passed 5:0 by a roll-call vote.
COUNCIL REORGANIZATION RECESS
Mayor Kelley recessed the meeting at 6:22 p.m.
Mayor Kelley reconvened the meeting at 6:37 p.m.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes — November 22, 2011
■ Recommendation: Council approve the City Council Draft Action
Minutes of November 22, 2011. [City Clerk]
2. September 2011 Investment Report
■ Fiscal Impact: None.
■ Recommendation: Council receive and file the City Treasurer's report
for quarter ending September 2011. [Administrative Services]
3. October 2011 Accounts Payable and Payroll
■ Fiscal Impact: $2,283,401.79.
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for October 2011 . [Administrative
Services]
4. Second Reading - Title 8 Building Code Text Amendment - Dormant
Building Permit Application Extension Program Phase 4 Option
■ Fiscal Impact: Through Phase 4, it is likely that between $90,000 and
$180,000 in outstanding plan check fees will be collected by the City.
Atascadero City Council
Draft Action Minutes- 12/13/11
Page 3 of 6
ITEM NUMBER: A- 1
DATE: 01/10/12
■ Recommendations: Council adopt on second reading by title only, Draft
Ordinance A to create a Phase 4 Dormant Building Permit Program
consistent with staff's recommendations. [Community Development]
5. City Council 2012 Meeting Schedule
■ Fiscal Impact: None.
■ Recommendations: Council approve the City Council meeting schedule
for 2012. [City Manager's Office]
Citizen David Bentz pulled Item #A-2.
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to approve Item #A-1, 3, 4, & 5 of the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (#A-4: Ordinance No.
558)
Item #A-2: Mr. Bentz expressed his concerns with the investments listed in this report.
MOTION: By Council Member Clay and seconded by Council Member
Sturtevant to approve Item #A-2 of the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
City Manager Wade McKinney gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Pastor Haynes, David
Broadwater (Exhibit A), Tom Comar (Exhibit B), Katie Ott, Ron Rothman, Ellen Beraud,
Rosemary Zurcan, Madelyn Rothman read a prepared statement by Dr. & Mrs. Martin
Kellerman, Mike Anderson, Mike Brennler, Gary Kirkland, Constantino Santos, John
Gorrs, Bob Conney, Lee Perkins, Martin Ponek, Shannon Wolverton, Don Baxter, Al
Bossler, Jim Shannon, Chuck Cooper, Anthony James Falcone, Bob Matt, Paul Santos,
and Bob Wilkins.
Mayor Kelley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None.
Atascadero City Council
Draft Action Minutes- 12/13/11
Page 4 of 6
ITEM NUMBER: A- 1
DATE: 01/10/12
C. MANAGEMENT REPORTS:
1. Del Rio Road Commercial Area Specific Plan Environmental Impact
Report Contract Amendment ("Walmart / Annex Project")
■ Fiscal Impact: Neutral. The project applicant, Walmart Stores Inc., has
agreed to fund 100% of the additional EIR consultant work. This will
include a 10% City administration fee that will cover staff costs
associated with the EIR recirculation.
■ Recommendation: Council authorize the City Manager to enter into a
contract amendment increasing Michael Brandman and Associates'
contract for the Walmart EIR by $75,100 consistent with the attached
scope of work. [Community Development]
City Attorney Brian Pierik explained this item is specifically regarding the contract
amendment for the Walmart EIR.
Community Development Director Warren Frace gave the staff report and answered
questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Ellen Berkowitz, Tom Comar, Judy Ransom,
Ray Johnson, Lee Perkins, Jean Ponek, Mike Anderson, Mike Brennler, Jim Shannon,
Constantino Santos, Anthony Falcone, Madelyn Rothman, Ron Rothman, Paul Santos,
David Broadwater, Chuck Cooper, Ron Walters, and Fred Frank.
Mayor O'Malley closed the Public Comment period.
MOTION: By Council Member Clay and seconded by Council Member
Sturtevant to authorize the City Manager to enter into a
contract amendment increasing Michael Brandman and
Associates' contract for the Walmart EIR by $75,100 consistent
with the attached scope of work.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS:
The City Council Members made brief announcements.
Atascadero City Council
Draft Action Minutes- 12/13/11
Page 5 of 6
ITEM NUMBER: A- 1
DATE: 01/10/12
D. COMMITTEE REPORTS:
Manor Pro Tem O'Malley
1. County Mayors Round Table — Retired City Manager Ken Hampian gave a
presentation to the Mayors on his experience in serving in the City of Bell as a
temporary Interim City Manager. Council Member O'Malley recommended
that the City Council consider having Mr. Hampian make a presentation at our
next Strategic Planning Workshop.
2. Integrated Waste Management Authority (IWMA) — Council Member O'Malley
stated he plans on suggesting to the Board a longer period of education.
Mayor Kelley
Atascadero State Hospital Advisory Committee — They have received severe
budget constraints from the State.
Council Member Fonzi
SLOCOG — They wanted to move some of Atascadero's funding to regional
projects, and Atascadero's funding was preserved. Also, the Rosario onramp for
Highway 101 is being considered for closure.
Council Member Sturtevant
Appointed by the Channel Counties Division President to the League's Housing,
Community and Redevelopment Policy Committee.
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURN TO COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO
Mayor Kelley adjourned the meeting at 8:11 p.m. to the Redevelopment Agency
Meeting.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C.
City Clerk / Assistant to the City Manager
The following exhibits are available for review in the City Clerk's office:
Exhibit A— Letter submitted by David Broadwater
Exhibit B— Binder of response cards submitted by Tom Comar
Atascadero City Council
Draft Action Minutes— 12/13/11
Page 6 of 6
ITEM NUMBER: A-2
t DATE: 01/04/12
1,
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tascader® by Council
Staff Report - Administrative Services Department
November 2011 Accounts Payable and Payroll
RECOMMENDATION:
Council approve certified City accounts payable, payroll and payroll vendor checks for
November 2011.
DISCUSSION:
Attached for City Council review and approval are the following-.
Payroll
Dated 11/10/11 Checks # 29208 - 29238 $ 20,271.98
Direct Deposits 237,753.37
Dated 11/23/11 Checks # 29239 - 29265 18,832.72
Direct Deposits 234,837.97
Accounts Payable
Dated 11/'1/11 - 11/30/11
Checks ## 130886 - 131214
& EFTs 1026 - 1040 2,523,386.87
TOTAL AMOUNT $ 3,035,082,91
FISCAL IMPACT:
Total expenditures for all funds is $ 3,035,082.91
CERTIFICATION:
The undersigned certifies that the attached demands have been released for payment
and that funds are available for these demands
r ,
t O pPe.
Rachel e Rickard, Director of Administrative Services
ATTACHMENT:
November 2011 Eden Warrant Register in the amount of $ 2,523,386.87
City of Atascadero
Disbursement Listing
For the Month of October 2011
Check Check
Number Date Vendor Description Amount
1026 11/01/2011 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 10,518.35
1027 11/01/2011 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,395.49
1028 11/01/2011 RABOBANK, N.A. Payroll Vendor Payment 42,960.85
130886 11/04/2011 A&TARBORISTS, INC. Accounts Payable Check 150.00
130887 11/04/2011 AIR-RITE REFRIGERATION Accounts Payable Check 775.64
130888 11/04/2011 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 389.51
130889 11/04/2011 ALTHOUSE&MEADE, INC. Accounts Payable Check 3,215.25
130890 11/04/2011 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 241.35
130891 11/04/2011 AT&T Accounts Payable Check 389.17
130892 11/04/2011 AT&T Accounts Payable Check 1,270.79
130893 11/04/2011 AT&TADVERTISING SOLUTIONS Accounts Payable Check 336.00
130894 11/04/2011 ATAS COMM REDEV AGENCY Accounts Payable Check 31,133.00
130895 11/04!2011 ATASCADERO MUTUAL WATER CO, Accounts Payable Check 2,358.08
130896 11/04/2011 ATASCADERO NEWS Accounts Payable Check 825.00
130897 11/04/2011 ATASCADERO SAW SHOP Accounts Payable Check 62.00
130898 11/04/2011 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 576.00
130899 11/04/2011 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 5,745.00
130900 11/04/2011 ATASCADERO WASTE ALTERNATIVES Accounts Payable Check 100.00
130901 11/04/2011 STEVE BATES Accounts Payable Check 70.00
130902 11/04/2011 BATTERY SYSTEMS Accounts Payable Check 220.63
130903 11/04/2011 BERNARDS Accounts Payable Check 224,300.92
130904 11/04/2011 JUSTIN BLACK Accounts Payable Check 51.00
130905 11/04/2011 BLUEPRINTER Accounts Payable Check 176.29
130906 11/04/2011 DANIEL L. BROWN Accounts Payable Check 144.00
130907 11/04/2011 BURTON'S FIRE, INC. Accounts Payable Check 724.55
130908 11/04/2011 ROCKY J. BUSBY Accounts Payable Check 36.00
130909 11/04/2011 BUTLER BUSINESS MACHINES Accounts Payable Check 106.18
130910 11/04/2011 C3 CONSTRUCTION & DEVELOPMENT Accounts Payable Check 20,481.34
130911 11/04/2011 CA HIGHWAY PATROL Accounts Payable Check 51.29
130912 11/04/2011 CALPORTLAND Accounts Payable Check 1,712.09
130913 11/04/2011 CED CONSOLIDATED ELECTRICAL Accounts Payable Check 208.07
130914 11/04/2011 BRADY CHERRY Accounts Payable Check 300.00
130915 11/04/2011 COASTAL PARK& RECREATION Accounts Payable Check 170.00
130916 11/04/2011 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 288.44
130917 11/04/2011 CORELOGIC INF, SOLUTIONS, INC. Accounts Payable Check 100.00
130918 11/04/2011 CRAFCO, INC. Accounts Payable Check 2,798.63
City of Atascadero
Disbursement Listing
For the Month of October 2011
Check Check
Number Date Vendor Description Amount
130919 11/04/2011 CRYSTAL SPRINGS WATER Accounts Payable Check 44.55
130920 11/04/2011 CSMFO Accounts Payable Check 220.00
130921 11/04/2011 CULLIGAN INDUSTRIAL WATER SYST Accounts Payable Check 160.00
130922 11/04/2011 MATTHEW J. CURRY Accounts Payable Check 165.00
130923 11/04/2011 DAKOS LAND SURVEYS, INC. Accounts Payable Check 3,490.00
130924 11/04/2011 DAN BIDDLE PEST CONTROL SERVIC Accounts Payable Check 130.00
130925 11/04/2011 DAVEY RESOURCE GROUP Accounts Payable Check 1,596.52
130926 11/04/2011 DANIEL A. DAVIS Accounts Payable Check 206.50
130927 11/04/2011 CYNTHIA L. DECKER Accounts Payable Check 560.00
130928 11/04/2011 DECOU LUMBER COMPANY Accounts Payable Check 408.67
130929 11/04/2011 DIANI BUILDING CORPORATION Accounts Payable Check 210,589.83
130930 11/04/2011 DOOLEY ENTERPRISES INC Accounts Payable Check 3,827.09
130931 11/04/2011 DURHAM COMMUNICATIONS INC Accounts Payable Check 10,234.88
130932 11/04/2011 EARTH SYSTEMS PACIFIC Accounts Payable Check 31,252.25
130933 11/04/2011 RYAN ENFANTINO Accounts Payable Check 179.00
130934 11/04/2011 ESCUELA DEL RIO Accounts Payable Check 160.00
130935 11/04/2011 EWING IRRIGATION GOLF INDUSTRL Accounts Payable Check 225.55
130936 11/04/2011 KEITH J. FALERIOS Accounts Payable Check 51.72
130937 11/04/2011 FERGUSON ENTERPRISES, INC. Accounts Payable Check 85.52
130938 11/04/2011 FERRELL'SAUTO REPAIR Accounts Payable Check 198.00
130939 11/04/2011 WARREN FRACE Accounts Payable Check 300.00
130940 11/04/2011 FREITAS PLUS FREITAS Accounts Payable Check 8,724.20
130941 11/04/2011 DAVID A. GAR IBAY Accounts Payable Check 162.00
130942 11/04/2011 GAS COMPANY Accounts Payable Check 620.88
130943 11/04/2011 ERIC GATTI Accounts Payable Check 206.00
130944 11/04/2011 ANDREW J. GEFTAKYS Accounts Payable Check 54.00
130945 11/04/2011 GEM AUTO PARTS Accounts Payable Check 117.52
130946 11/04/2011 GILBERT'S LANDSCAPES Accounts Payable Check 1,965.00
130947 11/04/2011 GLENN'S REPAIR & RENTAL Accounts Payable Check 2,471.78
130948 11/04/2011 GOLDEN STATE STEEL Accounts Payable Check 7,200.00
130949 11/04/2011 GOLDFARB& LIPMAN, LLP Accounts Payable Check 556.77
130950 11/04/2011 GRISANTI HARDWARE Accounts Payable Check 10.93
130951 11/04/2011 GROUND UP DESIGN & CONST. MGMT Accounts Payable Check 472.50
130952 11/04/2011 M.D. PETERSON Accounts Payable Check 128.70
130953 11/04/2011 BRADLEYA. HACKLEMAN Accounts Payable Check 1,125.90
130954 11/04/2011 HAMON OVERHEAD DOOR CO, INC. Accounts Payable Check 367.51
130955 11/04/2011 HANSEN BRO'S CUSTOM FARMING Accounts Payable Check 7,500.00
City of Atascadero
Disbursement Listing
For the Month of October 2011
Check Check
Number Date Vendor Description Amount
130956 11/04/2011 ROCHELLE O. HANSON Accounts Payable Check 1,600.00
130957 11/04/2011 HART IMPRESSIONS PRINT& COPY Accounts Payable Check 75.39
130958 11/04/2011 MELINDAA. HARTMAN Accounts Payable Check 186.00
130959 11/04/2011 HINDERLITER, DE LLAMAS Accounts Payable Check 964.41
130960 11/04/2011 VALERIE HUMPHREY Accounts Payable Check 56.05
130961 11/04/2011 INTERNATIONAL INSTITUTE OF Accounts Payable Check 175.00
130962 11/04/2011 ZACHARIAH JACKSON Accounts Payable Check 206.00
130963 11/04/2011 TOM JAMASON Accounts Payable Check 250.00
130964 11/04/2011 JK'S UNLIMITED Accounts Payable Check 593.94
130965 11/04/2011 JOEL SWITZER DIESEL REPAIR,INC Accounts Payable Check 949.53
130966 11/04/2011 JOHN DEERE LANDSCAPES, INC. Accounts Payable Check 102.73
130967 11/04/2011 ANN JUTRAS Accounts Payable Check 78.00
130968 11/04/2011 L.N. CURTIS & SONS Accounts Payable Check 610.46
130969 11/04/2011 LAUTZENHISER'S STATIONARY Accounts Payable Check 137.94
130970 11/04/2011 JAMES R. LEWIS Accounts Payable Check 250.00
130971 11/04/2011 LIFE ASSIST, INC. Accounts Payable Check 634.25
130972 11/04/2011 THOMAS LITTLE Accounts Payable Check 206.00
130973 11/04/2011 LUBE N GO Accounts Payable Check 43.04
130974 11/04/2011 ANDREW LUERA Accounts Payable Check 206,00
130975 11/04/2011 MADRONE LANDSCAPES, INC. Accounts Payable Check 7,348.37
130976 11/04/2011 RHONDA S. MCBRIDE Accounts Payable Check 86.40
130977 11/04/2011 WADE MCKINNEY Accounts Payable Check 500.00
130978 11/04/2011 MICHAEL FREDERICK PAVING,INC, Accounts Payable Check 37,367.78
130979 11/04/2011 MID-COAST GEOTECHNICAL, INC. Accounts Payable Check 1,315.00
130980 11/04/2011 MILLENNIUM CONSULTINGASSC. Accounts Payable Check 27,080.63
130981 11/04/2011 MINER'S ACE HARDWARE Accounts Payable Check 66.63
130982 11/04/2011 MISSION UNIFORM SERVICE Accounts Payable Check 68.72
130983 11/04/2011 REON C MONSON Accounts Payable Check 352.20
130984 11/04/2011 WILLIAM M. NASON Accounts Payable Check 206.00
130985 11/04/2011 NATL ALLIANCE FOR YOUTH SPORTS Accounts Payable Check 71.00
130986 11/04/2011 NCI AFFILIATES, INC Accounts Payable Check 418.75
130987 11/04/2011 NICKSON'S MACHINE SHOP INC. Accounts Payable Check 1,104.13
130988 11/04/2011 NORTH COAST ENGINEERING INC. Accounts Payable Check 11,028.35
130989 11/04/2011 OFFICE DEPOT INC. Accounts Payable Check 296.03
130990 11104/2011 TARA ORLICK Accounts Payable Check 21.09
130991 11/04/2011 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 328.30
130992 11/04/2011 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 2,567.89
City of Atascadero
Disbursement Listing
For the Month of October 2011
Check Check
Number Date Vendor Description Amount
130993 11/04/2011 PC MECHANICAL, INC. Accounts Payable Check 17,114.20
130994 11/04/2011 DEAN PERICIC Accounts Payable Check 1,120.00
130995 11/04/2011 PERRY'S PARCEL& COURIER SVC Accounts Payable Check 94.73
130996 11/04/2011 VOID Accounts Payable Check 0.00
130997 11/04/2011 JASON M. PLATZ Accounts Payable Check 76.00
130998 11/04/2011 PLAYPOWER LT FARMINGTON, INC. Accounts Payable Check 51.11
130999 11/04/2011 HOLLY PORTER Accounts Payable Check 160.75
131000 11/04/2011 SUMMER R. PRATT Accounts Payable Check 54.00
131001 11/04/2011 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 238.72
131002 11/04/2011 RECOGNITION WORKS Accounts Payable Check 5.36
131003 11/04/2011 RICK ENGINEERING COMPANY Accounts Payable Check 1,149.98
131004 11/04/2011 RACHELLE RICKARD Accounts Payable Check 358.00
131005 11/04/2011 ROB DAVIS BACKHOE Accounts Payable Check 14,815.00
131006 11/04/2011 MICHELLE R. ROGERS Accounts Payable Check 273,00
131007 11/04/2011 MARK J. RUSSO Accounts Payable Check 100.00
131008 11/04/2011 S.W. MARTIN &ASSOCIATES Accounts Payable Check 11,083.33
131009 11/04/2011 SAN LUIS PERSONNEL INC. Accounts Payable Check 503.25
131010 11/04/2011 SANTA LUCIA BANK Accounts Payable Check 2,679.40
131011 11/04/2011 SANTA MARGARITA CONST. CORP. Accounts Payable Check 24,114.55
131012 11/04/2011 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 157.33
131013 11/04/2011 JOHN C. SIEMENS Accounts Payable Check 374.50
131014 11/04/2011 SIGNS OF SUCCESS Accounts Payable Check 23,816.00
131015 11/04/2011 SLO CO HEALTH AGENCY Accounts Payable Check 954.00
131016 11/04/2011 VOID Accounts Payable Check 0.00
131017 11/04/2011 STEVE DESPAIN PEST CONTROL Accounts Payable Check 90.00
131018 11/04/2011 SUNLIGHT JANITORIAL Accounts Payable Check 1,635.00
131019 11/04/2011 TAFT ELECTRIC COMPANY Accounts Payable Check 129,010.45
131020 11/04/2011 TEMPLETON UNIFORMS Accounts Payable Check 203,54
131021 11/04/2011 THE KIPLINGER LETTER Accounts Payable Check 38,00
131022 11/04/2011 BUSS THOMPSON Accounts Payable Check 300.00
131023 11/04/2011 TOSTE CONSTRUCTION, INC. Accounts Payable Check 2,103.34
131024 11/04/2011 UNION BANK, N.A. Accounts Payable Check 875.00
131025 11/04/2011 UNITROL/STINGER SPIKE SYSTEMS Accounts Payable Check 56.96
131026 11/04/2011 URBAN FUTURES, INC. Accounts Payable Check 1,635.00
131027 11/04/2011 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 9,688.87
131028 11/04/2011 VERDIN Accounts Payable Check 781.82
131029 11/04/2011 VERIZON WIRELESS Accounts Payable Check 2,705.72
City of Atascadero
Disbursement Listing
For the Month of October 2011
Check Check
Number Date Vendor Description Amount
131030 11/04/2011 VIDEO PALACE Accounts Payable Check 3.75
131031 11/04/2011 WALLACE GROUP Accounts Payable Check 8,104.70
131032 11/04/2011 TOM WAY Accounts Payable Check 1,946.49
131033 11/04/2011 WAYNE'S TIRE, INC. Accounts Payable Check 1,428.01
131034 11/04/2011 NANCY E.WEBBER, PH.D. Accounts Payable Check 475.00
131035 11/04/2011 WESTERN JANITOR SUPPLY Accounts Payable Check 207.61
131036 11/04/2011 WILLIAM P. WHITE Accounts Payable Check 206.00
131037 11/04/2011 WHITLOCK&WEINBERGER TRANS. Accounts Payable Check 300.00
131038 11/04/2011 WILLDAN FINANCIAL SERVICES Accounts Payable Check 7,605,29
131039 11/04/2011 WYSONG CONSTRUCTION CO. Accounts Payable Check 536,176.62
131040 11/09/2011 CASEY BRYSON Accounts Payable Check 206.00
131041 11/10/2011 ALLSTATE WORKPLACE DIVISION Payroll Vendor Payment 4,103.84
131042 11/10/2011 CSAC - EIA Payroll Vendor Payment 1,170.43
131043 11/10/2011 MEDICAL EYE SERVICES Payroll Vendor Payment 1,631.23
131044 11/10/2011 PREFERRED BENEFITS INSURANCE Payroll Vendor Payment 9,147.08
131045 11/10/2011 SDRMA Payroll Vendor Payment 129,045.98
1029 11/14/2011 STATE DISBURSEMENT UNIT Payroll Vendor Payment 874.61
131046 11/14/2011 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 680,00
131047 11/14/2011 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00
131048 11/14/2011 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,284.00
131049 11/14/2011 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,455.88
131050 11/14/2011 HARTFORD LIFE INSURANCE Payroll Vendor Payment 8,300.00
131051 11/14/2011 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 435.12
131052 11/14/2011 SEIU LOCAL 620 Payroll Vendor Payment 803.01
131053 11/14/2011 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61
131054 11/14/2011 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,961.20
1030 11/15/2011 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM Payroll Vendor Payment 42,497.55
1031 11/15/2011 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 58,139.03
1032 11/15/2011 RABOBANK, N.A. Payroll Vendor Payment 43,884.50
1033 11/15/2011 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 11,126.41
1034 11/15/2011 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,338.21
131055 11/17/2011 CHEVRON&TEXACO BUS, CARD Accounts Payable Check 1,243.20
131056 11/17/2011 FLEET SERVICES-76 FLEET Accounts Payable Check 307.34
131057 11/17/2011 FLEET SERVICES-76 UNIVERSAL Accounts Payable Check 12,618.76
City of Atascadero
Disbursement Listing
For the Month of October 2011
Check Check
Number Date Vendor Description Amount
131058 11/17/2011 SHELL Accounts Payable Check 558.63
131059 11/20/2011 ADVANCED SEPTIC& SEWER SVC Accounts Payable Check 250.00
131060 11/20/2011 AECOM USA, INC, Accounts Payable Check 877.50
131061 11/20/2011 AGP VIDEO, INC. Accounts Payable Check 2,800.00
131062 11/20/2011 ALMOND COUNTRY QUILTERS Accounts Payable Check 250,00
131063 11/20/2011 ALTHOUSE&MEADE, INC. Accounts Payable Check 4,457.25
131064 11/20/2011 AMERICAN MARBORG Accounts Payable Check 161.15
131065 11/20/2011 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 1,624.39
131066 11/20/2011 APODACA PAVING Accounts Payable Check 11,570.35
131067 11/20/2011 AQUAMARK POOL CARE Accounts Payable Check 391.08
131068 11/20/2011 ARAMARK UNIFORM SERVICES Accounts Payable Check 609.08
131069 11/20/2011 AT&T Accounts Payable Check 379.60
131070 11/20/2011 AT&T Accounts Payable Check 691.07
131071 11/20/2011 AT&T Accounts Payable Check 378.72
131073 11/20/2011 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 17,168.90
131074 11/20/2011 ATASCADERO NEWS Accounts Payable Check 1,370.00
131075 11/20/2011 JAMES F. BACHMAN Accounts Payable Check 120.00
131076 11/20/2011 BACKFLOW APPARATUS &VALVE CO. Accounts Payable Check 89.88
131077 11/20/2011 BAY LAUREL GARDEN CENTER Accounts Payable Check 171.60
131078 11/20/2011 BURKE,WILLIAMS, &SORENSON LLP Accounts Payable Check 24,259.33
131079 11/20/2011 ROCKY J. BUSBY Accounts Payable Check 72.00
131080 11/20/2011 CA BUILDING STANDARDS COMM. Accounts Payable Check 111.60
131081 11/20/2011 CA CONSERVATION CORP Accounts Payable Check 7,207.68
131082 11/20/2011 CA SOCIETY OF MUNICIPAL Accounts Payable Check 200.00
131083 11/20/2011 CAL-COAST MACHINERY, INC Accounts Payable Check 100.88
131084 11/20/2011 CALPORTLAND Accounts Payable Check 142.15
131085 11/20/2011 CALSENSE Accounts Payable Check 776.44
131086 11/20/2011 KATE CAPELA Accounts Payable Check 75.96
131087 11/20/2011 JOSEPH M. CARRO Accounts Payable Check 910.50
131088 11/20/2011 CHARTER COMMUNICATIONS Accounts Payable Check 1,022.85
131089 11/20/2011 CHICAGO GRADE LANDFILL, INC. Accounts Payable Check 160.00
131090 11/20/2011 KATHLEEN J. CINOWALT Accounts Payable Check 171.50
131091 11/20/2011 COAST ELECTRONICS Accounts Payable Check 1,049.66
131092 11/20/2011 COAST NITELITES Accounts Payable Check 7,200.00
131093 11/20/2011 COASTAL COPY, LP Accounts Payable Check 216.22
131094 11/20/2011 COMPUCOM Accounts Payable Check 21,966.83
City of Atascadero
Disbursement Listing
For the Month of October 2011
Check Check
Number Date Vendor Description Amount
131095 11/20/2011 CROP PRODUCTION SERVICES Accounts Payable Check 1,581.25
131096 11/20/2011 CRYSTAL SPRINGS WATER Accounts Payable Check 50.52
131097 11/20/2011 D4 ELECTRIC Accounts Payable Check 4,458.41
131098 11/20/2011 DARRYL'S LOCK AND SAFE Accounts Payable Check 15.00
131099 11/20/2011 DECOU LUMBER COMPANY Accounts Payable Check 163.95
131100 11/20/2011 DEPARTMENT OF CONSERVATION Accounts Payable Check 430.38
131101 11/20/2011 DEPARTMENT OF JUSTICE Accounts Payable Check 1,118.00
131102 11/20/2011 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 2,086.62
131103 11/20/2011 DOCUTEAM Accounts Payable Check 43.40
131104 11/20/2011 DOOLEY ENTERPRISES INC Accounts Payable Check 498.71
131105 11/20/2011 EARTH SYSTEMS PACIFIC Accounts Payable Check 32,799.50
131106 11/20/2011 EWING IRRIGATION GOLF INDUSTRL Accounts Payable Check 144.43
131107 11/20/2011 FASTENAL CO. Accounts Payable Check 1,211.39
131108 11/20/2011 FERGUSON ENTERPRISES, INC. Accounts Payable Check 387.17
131109 11/20/2011 FERRELL'S AUTO REPAIR Accounts Payable Check 108.00
131110 11/20/2011 FGL ENVIRONMENTAL Accounts Payable Check 391.00
131111 11/20/2011 LISA FIGG Accounts Payable Check 36.00
131112 11/20/2011 FILIPPONI &THOMPSON DRILLING Accounts Payable Check 1,226.63
131113 11/20/2011 FLUID RESOURCE MANAGEMENT,INC. Accounts Payable Check 1,176.00
131114 11/20/2011 FREITAS PLUS FREITAS Accounts Payable Check 7,992.38
131115 11/20/2011 G. SOSA CONSTRUCTION, INC. Accounts Payable Check 39,729.60
131116 11/20/2011 DAVID A. GARIBAY Accounts Payable Check 126.00
131117 11/20/2011 ANDREW J. GEFTAKYS Accounts Payable Check 162.00
131118 11/20/2011 GEM AUTO PARTS Accounts Payable Check 681.17
131119 11/20/2011 GILBERT'S LANDSCAPES Accounts Payable Check 1,339.00
131120 11/20/2011 GOPHER STOMPERS, INC. Accounts Payable Check 907.50
131121 11/20/2011 HART IMPRESSIONS PRINT& COPY Accounts Payable Check 290.85
131122 11/20/2011 HELIXSTORM, INC. Accounts Payable Check 11,250.00
131123 11/20/2011 HOME DEPOT Accounts Payable Check 1,538.41
131124 11/20/2011 INDEPENDENT STATIONERS Accounts Payable Check 337.67
131125 11/20/2011 INFORMATION TECHNOLOGY Accounts Payable Check 478.66
131126 11/20/2011 INTERSPIRO, INC. Accounts Payable Check 1,120.60
131127 11/20/2011 JAKE FANNING CONSTRUCTION Accounts Payable Check 250.00
131128 11/20/2011 CAROL D. JANSSEN Accounts Payable Check 375.00
131129 11/20/2011 JOHN DEERE LANDSCAPES, INC. Accounts Payable Check 49.43
131130 11/20/2011 KARP LAND SURVEYS Accounts Payable Check 2,336.50
131131 11/20/2011 KIRK CONSTRUCTION Accounts Payable Check 45,068.41
City of Atascadero
Disbursement Listing
For the Month of October 2011
Check Check
Number Date Vendor Description Amount
131132 11/20/2011 ANNELiE KLEYNHANS Accounts Payable Check 54.40
131133 11/20/2011 KPRL 1230 AM Accounts Payable Check 320.00
131134 11/20/2011 LANDSCAPES BY STACH Accounts Payable Check 250.00
131135 11/20/2011 LEE WILSON ELECTRIC CO. INC Accounts Payable Check 1,428.00
131136 11/20/2011 LIFE ASSIST, INC. Accounts Payable Check 183.75
131137 11/20/2011 MADRONE LANDSCAPES, INC. Accounts Payable Check 7,315.00
131138 11/20/2011 MAINLINE UTILITY CO. Accounts Payable Check 525.00
131139 11/20/2011 MAINTENANCE SUPERINTENDENTS AS Accounts Payable Check 35.00
131140 11/20/2011 MARK SWITZER EXCAVATING Accounts Payable Check 31,852.80
131141 11/20/2011 MEDWORKS MEDICAL CENTER Accounts Payable Check 695.00
131142 11/20/2011 MID-COAST GEOTECHNICAL, INC. Accounts Payable Check 1,240.00
131143 11/20/2011 MID-COAST MOWER& SAW, INC. Accounts Payable Check 112.38
131144 11/20/2011 MID-STATE SOLID WASTE& RECYCG Accounts Payable Check 444.33
131145 11/20/2011 MINER'S ACE HARDWARE Accounts Payable Check 365.82
131146 11/20/2011 MISSION UNIFORM SERVICE Accounts Payable Check 104.96
131147 11/20/2011 MOSS, LEVY, &HARTZHEIM LLP Accounts Payable Check 1,000.00
131148 11/20/2011 OFFICE DEPOT INC. Accounts Payable Check 883.55
131149 11/20/2011 O'REILLYAUTOMOTIVE, INC. Accounts Payable Check 16.15
131150 11/20/2011 OUTLET TOOL SUPPLY Accounts Payable Check 80.42
131153 11/20/2011 PACIFIC GAS AND ELECTRIC Accounts Payable Check 42,675.03
131154 11/20/2011 PACIFIC GAS AND ELECTRIC Accounts Payable Check 2,000.00
131155 11/20/2011 PERRY'S ELECTRIC MOTORS &CTRL Accounts Payable Check 510.00
131156 11/20/2011 PERRY'S PARCEL& COURIER SVC Accounts Payable Check 30.44
131157 11/20/2011 JASON M. PLATZ Accounts Payable Check 190.00
131158 11/20/2011 SUMMER R. PRATT Accounts Payable Check 72.00
131159 11/20/2011 PROCARE JANITORIAL SUPPLYJNC. Accounts Payable Check 51.80
131160 11/20/2011 PROFORCE LAW ENFORCEMENT Accounts Payable Check 2,501.45
131161 11/20/2011 PRW STEEL SUPPLY, INC. Accounts Payable Check 201.80
131162 11/20/2011 QUALITY CODE PUBLISHING, LLC Accounts Payable Check 752.98
131163 11/20/2011 RADAR SHOP, INC. Accounts Payable Check 301.35
131164 11/20/2011 RAMINHACONSTRUCTION, INC. Accounts Payable Check 1,375.00
131165 11/20/2011 RECOGNITION WORKS Accounts Payable Check 14.69
131166 11/20/2011 S& S SEEDS, INC. Accounts Payable Check 362,50
131167 11/20/2011 FIDEL SALAMANCA Accounts Payable Check 154.73
131168 11/20/2011 SAN LUIS AMBULANCE Accounts Payable Check 7,758.00
131169 11/20/2011 SAN LUIS POWERHOUSE, INC. Accounts Payable Check 253.32
131170 11/20/2011 SANTA LUCIA BANK Accounts Payable Check 4,107.84
City of Atascadero
Disbursement Listing
For the Month of October 2011
Check Check
Number Date Vendor Description Amount
131171 11/20/2011 SANTA MARGARITA CONST. CORP. Accounts Payable Check 36,970.47
131172 11/20/2011 ROBYN C. SCHMIDT Accounts Payable Check 660.82
131173 11/20/2011 SCOTT O'BRIEN FIRE& SAFETY CO Accounts Payable Check 319.86
131174 11/2012011 KERRY SHERER Accounts Payable Check 60.00
131175 11/20/2011 SILVERADO AVIONICS, INC Accounts Payable Check 1,784.84
131176 11/20/2011 SCOTT SIMPSON Accounts Payable Check 60.00
131177 11/20/2011 SLO COUNTY RECORDER Accounts Payable Check 2,094.00
131178 11/20/2011 SLO COUNTY SHERIFF Accounts Payable Check 172.00
131179 11/20/2011 SLO COUNTY TAX COLLECTOR Accounts Payable Check 206.26
131180 11/20/2011 STAPLES&ASSOCIATES, INC. Accounts Payable Check 259.00
131181 11/20/2011 STAPLES ADVANTAGE Accounts Payable Check 714.77
131182 11/20/2011 STAPLES CREDIT PLAN Accounts Payable Check 997.62
131183 11/20/2011 STATE BOARD OF EQUALIZATION Accounts Payable Check 311.10
131184 11/20/2011 STEVE SCHMIDT TOPSOIL, INC. Accounts Payable Check 461.18
131185 11/20/2011 SUNLIGHT JANITORIAL Accounts Payable Check 1,435.00
131186 11/20/2011 SUPERIOR CRANE &TRANSPORT Accounts Payable Check 792.00
131187 11/20/2011 SUPERIOR QUALITY COPIERS, INC. Accounts Payable Check 83.49
131188 11/20/2011 STEVE TIROTTA Accounts Payable Check 21.54
131189 11/20/2011 TOSTE CONSTRUCTION, INC. Accounts Payable Check 2,103.34
131190 11/20/2011 ULTREX BUSINESS PRODUCTS Accounts Payable Check 285.75
131191 11/20/2011 UNIVAR USA, INC. Accounts Payable Check 5,397.68
131192 11/20/2011 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 3,692.44
131193 11/20/2011 VONS Accounts Payable Check 213.49
131194 11/20/2011 WALLACE GROUP Accounts Payable Check 228.25
131195 11/20/2011 CATHERINE L. WEEKS Accounts Payable Check 202.32
131196 11/20/2011 WELL SEEN SIGN COMPANY Accounts Payable Check 139.43
131197 11/20/2011 WILKINS ACTION GRAPHICS Accounts Payable Check 195.37
131198 11/20/2011 PAUL JEFFREY ZEHNER Accounts Payable Check 40.00
131199 11/20/2011 ZUMAR INDUSTRIES, INC. Accounts Payable Check 1,930.50
131202 11/23/2011 U.S. BANK Accounts Payable Check 19,106.80
1035 11/25/2011 STATE DISBURSEMENT UNIT Payroll Vendor Payment 874.61
1036 11/25/2011 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM Payroll Vendor Payment 42,090.66
1037 11/25/2011 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEh Payroll Vendor Payment 58,445.70
131203 11/28/2011 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 760.00
131204 11/28/2011 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00
City of Atascadero
Disbursement Listing
For the Month of October 2011
Check Check
Number Date Vendor Description Amount
131205 11/28/2011 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,254.00
131206 11/28/2011 AXA EQUITABLE Payroll Vendor Payment 520.12
131207 11/28/2011 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,455.88
131208 11/28/2011 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 165.00
131209 11/28/2011 HARTFORD LIFE INSURANCE Payroll Vendor Payment 8,150.00
131210 11/28/2011 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 378.36
131211 11/28/2011 SEiU LOCAL 620 Payroll Vendor Payment 806.11
131212 11/28/2011 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 311.61
131213 11/28/2011 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 1,911.20
131214 11/28/2011 VEHICLE REGISTR COLLECTION Payroll Vendor Payment 275.00
1038 11/29/2011 RABOBANK, N.A. Payroll Vendor Payment 43,667.13
1039 11/29/2011 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 11,083.25
1040 11/29/2011 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,340.03
$ 2,523,386.87
ITEM NUMBER: A- 3
DATE: 01/10/12
II
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Atascadero City Council
Staff Report — Administrative Services Department
Historic City Hall Project Change Order:
Hazardous Materials Monitoring Consultant Services
RECOMMENDATIONS:
Council:
1. Authorize the City Manager to execute a change order with Meca Consulting, Inc.
(dba Millennium Consulting Associates) in the amount of $39,535.11 for Phase 3
of Hazardous Materials Abatement Consulting and Monitoring Services for the
Historic City Hall Project; and,
2. Authorize staff to approve any future change orders with Millennium for
Hazardous Materials Abatement Consulting and Monitoring Services for the
Historic City Hall Project that are less than $10,000.
DISCUSSION:
As the City Hall Project has progressed, hazardous materials monitoring has been an
important part of the project. On March 23, 2010, staff brought the hazardous materials
monitoring and testing contract to the City Council for approval. Then, on January 11,
2011, staff brought a contract amendment before Council, for Millennium to monitor
hazardous materials removal and related field testing during demolition and abatement
activities for the Penthouse work and the Rotunda and Interior Demolition work. The
contract and related amendment covered different scopes of work that applied to the
various bid packages, as the project hazardous materials abatement and building
reconstruction evolved. While much of the hazardous materials scope of work was as
anticipated, many areas of the building were initially inaccessible, and the extent of
construction has changed slightly over time.
As the project has uncovered portions of the building that were not specifically
characterized in the original hazardous materials investigation, areas of additional lead
paint were discovered. Correspondingly, the abatement contractor has been making
ITEM NUMBER: A- 3
DATE: 01/10/12
slower progress than originally anticipated. Millennium's original proposal was based
on this contractor's original production schedule.
The additional services will incorporate additional waste characterization monitoring,
testing and reporting required for changed conditions within the building. Two areas
were identified as needing additional hazardous materials observation and testing, and
the scope was expanded to include abatement from the interior perimeter wall to the
inner walkway ring on floors 1 through 3. Also, several ceiling plaster systems were not
originally scheduled for demolition; however, following removal of drop ceilings on the
first and second floors, the remaining plaster was found to be cracked and damaged,
and the City considered removal of the ceiling plaster. Millennium's original abatement
scope did not include the necessary time for monitoring lead abatement in these ceiling
areas.
Based on the abatement contractor's actual progress, the abatement phase of the
project is anticipated to require approximately seventy-six (76) days of additional
abatement monitoring. The increased scope of work incorporates an additional sixty-
three (63) days, and includes a credit of twelve (12) days that were budgeted in the
earlier Millennium contract but ended up not being required to complete the work.
Included in this increased scope of work is the associated laboratory testing, reporting
and quality control work associated with the additional field time.
Based on the assumptions above, the change order associated with providing the
services referenced above is estimated to be $39,535.11.
ITEM NUMBER: A- 3
DATE: 01/10/12
FISCAL IMPACT:
PROJECTED FUNDING USES
Architecture and engineering $ 5,115,050
Construction costs:
ACH-2 Penthouse Demolition and Hazardous
Materials Abatement(awarded 2/22/11) 141,300
ACH-3 Basement Wall and Floor Demolition
(awarded 10/26/10) 178,000
ACH-4 Basement Electrical Demolition and
Temporary Power Installation (awarded 10/26/10) 73,980
ACH-5 Foundation Structural Stabilization
(aw arded 2/22/11) 3,703,000
ACH-8 Historic Repair& Rehabilitation 10,564,669
ACH-11 Structural Steel and Miscellaneous
Metals 494,300
ACH-12 Rough Carpentry 277,920
ACH-16 Elevator 276,320
ACH-17 Fire Protection 259,841
ACH-18 Plumbing 403,000
ACH-19 Heating, Ventilation and Air
Conditioning 849,777
ACH-20 Electrical 762,457
Add Alternate 14 128,000
Remaining bid packages 448,372
Total construction costs 18,560,936
Construction management(Phase 1 awarded 4/27/10,and
Phase Ilawarded 1/11/11) 3,642,003
General conditions, construction support, and
permitting
Pre-Construction activity 58,165
Deputy Inspection Services (awarded 1/11/11) 386,991
Hazardous Materials Investigation, Design
and Monitoring(Phase 1 aw arded 3/23/10 and
Phase 11 awarded 1/11/11) 159,847
Hazardous Materials Monitoring
Change Order 39,535
Other 874,882
Total testing, inpection, permitting and
construction support 1,519,420
Contingency 5,032,300
TOTAL PROJECTED FUNDING USES $33,869,709
PROJECTED FUNDING SOURCES
Expected FEMA fundin $20,059,190
Expected CaIEMA funding 6,686,400
California Cultural Historic Endowment Grant 2,000,000
Redevelopment 2010 Bond Funds 13,000,000
TOTAL PROJECTED FUNDING SOURCES $41,745,590
FUNDING SURPLUS $ 7,875,881
ITEM NUMBER: A- 3
DATE: 01/10/12
ATTACHMENTS:
None
ITEM NUMBER: B - 1
DATE: 01/10/12
Fif m
Atascadero City Council
Staff Report - Community Development Department
PLN 2007-1190 / APL 2011-0016 / Amendment to CUP 2007-0203
Appeal of Planning Commission Approval
to Increase Existing Residential Care Facility
to a Maximum of 15 Clients
(9525 Gallina Court / Vrajich)
RECOMMENDATION:
Council adopt Draft Resolution "A" denying the appeal and upholding Planning
Commission's approval of an amendment to Conditional Use Permit 2007-0203,
increasing a residential care facility at 9525 Gallina Court from 10 to 15-clients
based on findings and subject to conditions of approval.
REPORT-IN-BRIEF:
On December 6, 2011 the Planning Commission voted 5-2 to approve an
amendment to CUP 2007-0203, allowing an expansion of an existing residential care
facility at 9525 Gallina Court from 10 residents to 15 residents. The Planning
Commission found the proposed amendment to be consistent with the General Plan
and zoning designations and made the appropriate findings for approval of a CUP
amendment.
Following the December 6t" hearing, the City of Atascadero received an appeal of
the Planning Commission's decision. The appeal was submitted by Pat Stone, a
neighboring property owner at 9520 Gallina Court in coordination with other Gallina
Court homeowners. The appellant is requesting the Planning Commission's decision
be overturned by the Council based on the premise that expansion of the existing
care facility from 10 to 15 patients is incompatible with the existing neighborhood.
ITEM NUMBER: B - 1
DATE: 01/10/12
DISCUSSION:
Situation and Facts:
1. Appellant: Pat Stone, 9025 Gallina Court, Atascadero,
CA 93422
2. Project Owner/Applicant: Milian and Ruth Vrajich, 9525 Gallina Court,
Atascadero, CA 93422
3. Project Address 9525 Gallina Court, Atascadero, CA
4. General Plan Designation: Residential Estate (RE)
5. Zoning District: Residential Suburban (RS)
6. Site Area 2.6 acres
7. Existing Use Existing Single Family Residence with a 10-
client residential care facility
8. Environmental Status: Class 1, Categorical Exemption Section
15301: Existing Facility
Project Description Subject to Appeal. The appealed project consists of an
amendment to an approved Conditional Use Permit (CUP 2007-0203) to increase
the number of residential care clients from 10 to 15 at an existing residential care
facility located at 9525 Gallina Ct. Consistent with the Atascadero Municipal Code
(AMC) 9-3.423, a CUP is required by the City of Atascadero for residential care
facilities to care for over six (6) residents. The proposed additional clients will not
result in an increase of the existing building footprint. The project applicants propose
to convert an existing common area into three private and semi-private bedrooms to
accommodate the additional residents. No additions or exterior renovations are
proposed as a part of this application.
Background. Paradise Valley Care Home (subject property) was established in
1999 and specializes in residents with Alzheimer's Disease and dementia.
Originally, it served six residents until the approval of the Conditional Use Permit
(CUP 2007-0203) in 2007. This CUP allowed for eight (8) residents to reside and be
cared for at the property. A second amendment to increase the number of residents
was approved in 2008 from eight (8) to ten (10) residents. Due to increasing
demand, the applicant is seeking approval of a second amendment to increase the
care facility's maximum number of residents to 15.
At the December 6, 2011 public hearing, the Planning Commission discussion
focused on whether the proposed increase in the number of clients at the
ITEM NUMBER: B - 1
DATE: 01/10/12
residential care facility was compatible with the neighborhood. Public speakers
mentioned that the project may be in violation of the neighborhood's Home
Owners Association Declaration of Protective Covenants which limits
neighborhood uses to "single-family residential."
The Commission was advised by staff that the City does not enforce
neighborhood covenants, conditions, and restrictions (CC&Rs) nor does the City
have the legal authority to directly enforce CC&Rs that are deeded with
properties. It is the property owner's obligation to enforce the covenants. The City
of Atascadero enforces the City's Zoning Code, which applies to every property
within the City. The zoning ordinance regulates development standards and
property uses which are adopted by the City. The City does have the authority to
act if it has been determined that a violation has been made to City Codes.
The neighborhood compatibility issue discussed at the Planning Commission
meeting centered on whether the increase in the number of clients would impact
the large lot single family residential homes. With the additional clients, neighbors
were concerned with an increase in the number of trips that would be created with
the additional residents and employees.
Analysis: Residential Care Facilities, where the number of residents under care is
greater than six (6), are a conditionally allowed use in the Residential Suburban (RS)
zone. The Conditional Use Permit process allows the Planning Commission and
interested members of the community a chance to review a project for neighborhood
compatibility and mitigate any potential impacts through conditions of approval.
Conditionally allowed uses, in general, are uses that may be appropriate within the
listed zoning district but which require additional review due to the nature of the use
and may need additional operating standards (conditions of approval) to reduce and
limit any negative impacts.
The Planning Commission made the following findings when approving the
amendment to the Conditional Use Permit to allow for an increase in clients at the
existing residential care facility. These five findings are required by the City's Zoning
Ordinance for approval of any conditional use:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
2. The proposed project or use satisfies all applicable provisions of the Title
(Zoning Ordinance).
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case,
be detrimental to the health, safety, or welfare of the general public or
persons residing or working in the neighborhood of the use, or be detrimental
or injurious to property or improvements in the vicinity of the use.
4. That the proposed project or use will not be inconsistent with the character or
the immediate neighborhood or contrary to its orderly development.
ITEM NUMBER: B - 1
DATE: 01/10/12
5. That the proposed use or project will not generate a volume of traffic beyond
the safe capacity of all roads providing access to the project, either existing or
to be improved in conjunction with the project, or beyond the normal traffic
volume of the Land Use Element.
Appellant Justification. The appellant is requesting the Planning Commission's
decision be overturned by the Council based on the premise that expansion of the
existing care facility from 10 to 15 patients is incompatible with the existing
neighborhood (finding #4).
Staff Comment: The Atascadero Municipal Code includes residential care facilities
where the number of residents under care is greater than six (6) as conditionally
allowed uses in the City's Residential Suburban (RS) Zoning District. The
Atascadero Municipal Code anticipates that these facilities are appropriate for this
zoning district in many areas, subject to additional review. The intent of these care
facilities is to provide care in a residential type setting, thus through conditions and
Planning Commission and public review of the proposed use, the residence will
remain consistent with the neighborhood character.
As proposed, the amendment to the Conditional Use Permit is consistent with all of
the City's regulations, including Residential Care Facilities development standards
(§AMC 9-6.135), setback, fencing, parking and other general site development
standards in Chapter 4 of Title 9, Planning and Zoning. The applicants are not
proposing to add any additional building square footage, any exterior remolding of
the residence, or any signage indicating that this is a residential care facility.
Staff has addressed parking by limiting who may have a vehicle on-site, and limiting
the location of where visitors may park their vehicle (condition #7). If the applicant
wishes to expand with additional residents, the applicant would need to amend the
CUP once again and will need to upgrade their existing residential home to meet any
additional requirements from both the California Building Code (CBC) and additional
regulations set forth by the California Department of Social Services. The CBC
allows care facilities to be located in residential buildings when there are 15 clients
or less. An increase would require CDB upgrades to an Y'(Institutional) occupancy.
Conclusion. Residential Care facilities are listed as a conditionally allowed use
within the RS zoning district. Conditionally allowed uses are generally acceptable in
the listed locations but require additional review based on the nature of the use. The
additional review considers factors such as appearance of the residence and
whether it meets the minimum standards established by the City's Zoning Ordinance
for residential care facilities to support findings. The proposed amendment to the
existing CUP would allow for up to five (5) additional residents at an existing
residential care facility. The existing residence is very well kept, and the additional
residents would be accommodated within the existing footprint of the home through
a space conversion of a "common room" that was once a garage. This conversion
would require a building permit and would need to meet the regulations set forth in
the California Building Code. The appellant believes that the project, as proposed,
ITEM NUMBER: B - 1
DATE: 01/10/12
fails to meet the required findings, most considerably the finding that the project is
consistent with the neighborhood character.
Staff has analyzed this addendum from both a planning and building code
perspective. At a Planning Commission hearing, the Commission made the findings
for a CUP, and found that the project, as proposed, is consistent with the
neighborhood character with the incorporation of the conditions of approval to limit
the amount of vehicles on-site in order to maintain the residential character, and the
applicant is proposing not to expand the existing footprint of the house, nor change
the residential character of the home.
FISCAL IMPACT:
No fiscal impact. Business license fees would remain the same for a 10-client versus
15-client facility. There is no sales tax generated by this project for the City.
ALTERNATIVES:
1. The Council can add and/or modify conditions of approval for the project.
2. The Council could grant the appeal and deny the proposed Conditional Use
Permit Amendment by adopting Draft Resolution B. The care facility may
continue to operate with up to 10 clients residing at the home. The Council
must make one or more of the following findings to deny the project:
• The proposed project or use is inconsistent with the General Plan; or,
• The proposed project or use does not satisfy all applicable provisions of
the Title (Zoning Ordinance); or,
• The establishment, and subsequent operation or conduct of the use will,
because of the circumstances and conditions applied in the particular
case, be detrimental to the health, safety, or welfare of the general public
or persons residing or working in the neighborhood of the use, or be
detrimental or injurious to property or improvements in the vicinity of the
use; or,
• That the proposed project or use will be inconsistent with the character or
the immediate neighborhood or contrary to its orderly development; or,
• That the proposed use or project will generate a volume of traffic beyond
the safe capacity of all roads providing access to the project, either
existing or to be improved in conjunction with the project, or beyond the
normal traffic volume of the surrounding neighborhood that would result
from full development in accordance with the Land Use Element.
ITEM NUMBER: B - 1
DATE: 01/10/12
3. The Council may determine that more information is needed on some aspect
of the project and may refer the item back to the applicant and staff to
develop the additional information. The Council should clearly state the type
of information that is required and move to continue the item to a future date.
ATTACHMENTS:
Attachment 1: Location Map, Zoning and General Plan
Attachment 2: Aerial Map
Attachment 3: Draft Minutes — December 6, 2011 Planning Commission Meeting
Minutes
Attachment 4: Staff Report — December 6, 2011 Planning Commission
Attachment 5: Correspondence: Pat Stone — November 29, 2011 email
Attachment 6: Correspondence: John Ellis — December 6, 2011 email
Attachment 7: Letter with Attachment: Pat Stone, December 6, 2011
Attachment 8: Correspondence: Milian Vrajich — December 28, 2011 email
Attachment 9: Draft Resolution A upholding Planning Commission's approval of
amendment to CUP 2007-0203 / PLN 2007-1190
Attachment 10: Draft Resolution B granting the appeal and denying amendment to
CUP 2007-0203 / PLN 2007-1190
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 1
Attachment 1: Location Map,General Plan and Zoning
1
I
i
9525 Gallina Ct
I
i
r�+
1
Zoning: RS (Residential Suburban)
General Plan Designation: RE (Rural Estate)
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 2
Attachment 2: Aerial Map
9525 Gallina Ct L.
NS' x
We
40
two.
10
ti
Zoning: RS (Residential Suburban)
General Plan DesiGeneral Plan Desi nom: RE (Rural Estate)
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 3
Attachment 3: December 6,2011 Draft Planning Commission meeting minutes
ITEM NUMBER: 1
16� DATE: 1-17-12
c
"j,", V 7
1BI13 y;{f i,�.�.JJ Y 79
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting —Tuesday, December 6, 2011 —7:00 P.M.
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CALL TO ORDER-7:00 p.m.
Chairperson Bentz called the meeting to order at 7:00 p.m. and Commissioner Schmidt
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Colamarino, Cooper, Dariz, Schmidt, Wingett, Vice
Chairperson Ward, and Chairperson Bentz
Absent: None
Others Present: Recording Secretary Annette Manier
Staff Present: Community Development Director Warren Frace, Deputy Director
of Public Works-Engineering David Athey, Associate Planner Callie
Taylor, and Assistant Planner Alfredo Castillo
APPROVAL OF AGENDA
MOTION: By Commissioner Schmidt and seconded by Vice
Chairperson Ward to approve the agenda.
Motion passed 7:0 by a roll-call vote.
PUBLIC COMMENT
None
PC Draft Action Minutes of 12/6/11
Page 1 of 7
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 3
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE PLANNING COMMISSION
MEETING ON NOVEMBER 15,2011.
2. APPROVAL OF 2012 PLANNING COMMISSION MEETING SCHEDULE.
MOTION: By Commissioner Schmidt and seconded by Commissioner
Dariz to approve the Consent Calendar.
Motion passed 7:0 by a roll-call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
3. PLN 2011-1399/TREE REMOVAL PERMIT FOR 6907 EL CAMINO REAL
P—pedy owne,/APpki—t: City of Atascadero,6907 EI Camino Real,Atascadero,CA 93422
Certified Arborist: A&T Arborists,PO Box 1311,Templeton,CA 93465
Project Title: PLN 2011-1399/TRP 2011-0151
Atascadero Creek Pedestrian Bridge,Tree Removal&CEQA Certification
Project Location: Atascadero Creek Reservation#3-B,APN 029-361-003(Behind City Hall)
Project Description: A downtown pedestrian bridge is planned over Atascadero Creek to connect the
Sunken Gardens to Colony Square. Construction of the bridge includes removal
and/or significant trimming of up to six native trees. Removals and/or significant
trimmings consist of two (2) sycamores (removal of stump sprouts and south truck
only), two(2) black walnuts, one (1) 4-inch live oak, and one (1) dead tree which is
identified as either a cottonwood or a sycamore(identification difficult due to condition
of dead tree). Only branches or trunks which directly interfere with the bridge
installation shall be removed.
General Plan Designation: Open Space
Zoning District: Open Space
Based on the Initial Study prepared for the project,a Mitigated Negative Declaration is
Proposed proposed for Planning Commission certification. The Mitigated Negative Declaration is
Environmental available for public reviewfrom 11/7/11 through 12/6/11 at 6907 EI Camino Real,
Determination: Community Development Department from 8:30 a.m.to 5:00 p.m.Monday through
Thursday.
PC Draft Action Minutes of 12/6/11
Page 2of7
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 3
Associate Planner Taylor gave the staff report and answered questions from the
Commission. This project went before the Design Review Committee (DRC) on
November 10, 2011.
PUBLIC COMMENT
None
Chairperson Bentz closed the Public Comment period.
MOTION: By Commissioner Schmidt and seconded by Commissioner
Cooper to approve PC Resolution 2011-0022, certifying
Mitigated Negative Declaration 2011-0003 and approving PLN
2011-1399 / TRP 2011-0151 / PPN 2011-0249 to allow the
removal and/or significant trimming of up to six (6) native
trees, including two (2) sycamores, two (2) black walnuts, one
(1) 4-inch live oak, and one (1) dead cottonwood/sycamore
(species unclear due to condition of tree) for the downtown
pedestrian bridge at APN 029-361-003.
Motion passed 7:0 by a roll-call vote.
PUBLIC HEARINGS
4. PLN 2099-0818, AMENDMENT TO CUP 2005-0175 AND TPM 2005-0080 FOR
13000 ATASCADERO AVE. (PREVIOUSLY EAGLE CREEK GOLF COURSE)
Property ownerlAppiicant: Kevin McGurty,14002 San Antonio Road,Atascadero,CA 93422
Project Title: PLN 2099-0818,Amendment to Amendment to CUP 2005-0175 and TPM 2005-0080
Eagle Creek Golf Course,Conversion to Residential Structures
Project Location: 13000 Atascadero Ave.,Atascadero,CA 93422
APN 045-391-020 and 025(San Luis Obispo County)
Project An amendment to the 2007 Conditional Use Permit and Tentative Parcel Map is currently
Description: being proposed.The current property owner is proposing not to complete the site grading,
access road, or new landscape in the open space area which was proposed by the
previous owner and conditioned with the project in 2007. The existing structures near
Atascadero Road(previously the golf course restaurant,club house,and storage buildings)
would be converted into 2 single-family residences, consistent with the current General
Plan Land Use Designation,Zoning,and Planned Development overlay.
Zoning: Residential Single Family-Y(RSF-Y)with P-8 overlay
General Plan Designation: Single Family Residential-Y(SFR-Y)
Based on the Initial Study prepared for the project, a Mitigated Negative Declaration
Proposed (MND) is proposed for Planning Commission certification. The MND is available for
Environmental public review from 11/17/11 through 12/6/11 at 6907 EI Camino Real, Community
Determination: Development Departmentfrom 8:30 a.m.to 5:00 p.m. Mondaythrough Thursday.
PC Draft Action Minutes of 12/6/11
Page 3 of 7
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 3
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Commissioner Wingett drove by the project, but did not speak with anyone.
All other commissioners— None.
Associate Planner Taylor gave the staff report. Associate Planner Taylor and Deputy
Director Athey answered questions from the Commission. This project went before the
Design Review Committee (DRC) on October 13, 2011.
PUBLIC COMMENT
The following people spoke during public comment: Kevin McGurty and Nick Medrano.
Staff answered questions from the public.
Chairperson Bentz closed the Public Comment period.
MOTION: By Commissioner Schmidt and seconded by Vice Chairperson
Ward to 1. Adopt Resolution 2011-0023, certifying proposed
Mitigated Negative Declaration 2011-0004, and 2. Adopt PC
Resolution 2011-0024 approving an Amendment to CUP 2005-
0175 (Master Plan of Development) based on findings and
subject to Conditions of Approval and Mitigation Monitoring;
and 3. Adopt PC Resolution 2011-0025 approving an
Amendment to TPM 2005-0080 based on findings and subject
to Conditions of Approval and Mitigation Monitoring, with
removal of the reference to the public sewer easement along
Santa Barbara Road in CUP condition 20 & TPM condition 11
and exhibits.
Motion passed 7:0 by a roll-call vote.
5. PLN 2007-1190 AMENDMENT TO CUP 2007-0203 FOR 9525 GALLINA
COURT
Property Milan and Ruth Vrajich,9525 Gallina Court, Atascadero,CA 93422
Owners/Applicants:
Project Title: PLN 2007-1190 Amendment to Conditional Use Permit 2007-0203
Project Location: 9525 Gallina Court,Atascadero,CA 93422
APN 054-272-025 (San Luis Obispo County)
PC Draft Action Minutes of 12/6/11
Page 4 of 7
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 3
Project The proposed project consists of an application for an Amendment to a Conditional Use
Description: Permit of a previously approved Conditional Use Permit(PLN 2007-1190)to increase
the number of residential care patients from 10 patients to 15 patients at an existing
residential care facility located at 9525 Galina Court
Zoning: Residential Suburban(RS)
General Plan Designation: Residential Estate(RE)
Proposed
Environmental Class 1 CEQA Exemption:Existing Facilities.
Determination:
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Commissioner Schmidt drove down the street and looked at the project location.
• Commissioner Wingett drove by the property; buy did not speak with anyone.
• All other Commissioners— None.
Assistant Planner Castillo gave the staff report. Assistant Planner Castillo and Deputy
Director Athey answered questions from the Commission. The Commission received
an email and attachment from Pat Stone (Exhibit A) and an email from John Ellis
(Exhibit B).
Commissioner Dariz asked about the exhibits and asked staff if the CC&R's should
weigh in on their decision, or if they should base their decision on City regulations.
Assistant Planner Castillo stated that staff based their findings on what is permissible in
State law and our Municipal Code. This application meets that criteria. If the
Commission were to find a recommendation for denial, it would need to be based on the
neighborhood-compatibility issue. If the HOA chooses to act regarding the CC&R's,
they could act on their own in a civil matter. The Planning Commission can only make
decisions based on the consistency findings. The State limits the size of this facility.
PUBLIC COMMENT
The following people spoke during public comment: Milan Vrajich, Corinn Klise, Pat
Stone, John Ellis, and Gregg Cobarr. Neighbors asked the Commission for a
postponement of the decision by the Commission.
Mr. Vrajich answered questions from the Commission and addressed concerns and
questions raised by his neighbors.
The Commission had additional discussion about the project and the CC&R's.
Commissioner Colamarino stated he believes this 50% increase will create a
neighborhood compatibility issue, and for this reason, he will be voting no on the staff
recommendation.
PC Draft Action Minutes of 12/6/11
Page 6 of 7
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 3
Chairperson Bentz re-opened Public Comment period.
The following people spoke during public comment: Pat Stone.
Chairperson Bentz closed the Public Comment period.
Chairperson Bentz confirmed that the Planning Commission can only uphold the law
that is in the Municipal Code. The CC&R's must be enforced by individuals who own
property.
Vice Chairperson Ward said he was in agreement with Commissioner Colamarino and it
would be reasonable to delay this and have the Homeowners Association try to work
something out, and bring it back to the Planning Commission.
MOTION: By Commissioner Schmidt and seconded by Commissioner
Cooper to adopt PC Resolution 2011-0020, a Resolution of the
Planning Commission approving an Amendment to PLN 2007-
1190 / CUP 2007-0203 to establish a 15-client residential care
facility located at 9525 Gallina Court.
Motion passed 5:2 by a roll-call vote. (Colamarino, Ward Opposed)
6. PLN 2099-0284, RECONSIDERATION OF CUP 2005-0161 FOR 8900, 8910 EL
CAMINO REAL
Property James Duty,8787 Plata Lane#3,Atascadero,CA 93422
owners/ApplicarRs: Robert Davis,8787 Plata Lane#5,Atascadero,CA 93422
Project Title: PLN 2099-0284 Reconsideration of Conditional Use Permit 2005-0161
Project Location: 8900,8910 EI Camino Real,Atascadero,CA 93422
APN 056-051-033(San Luis Obispo County)
Project The proposed project consists of an application for a Reconsideration of a Conditional
Description: Use Permit to permit construction of Phase II storage building. The new building would
include 1,000 sf expansion of an existing automotive repair shop and 2,920 sf of
additional indoor storage for a total of 3,920 sf building, consistent with the previous
project approval of a 4,000 sf future storage building.
Zoning: Commercial Service(CS)
General Plan Designation: Service Commercial(SC)
Proposed
Environmental Project Consistent with Adopted Mitigated Negative Declaration 2005-0031.
D etermin a[ion:
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• None
PC Draft Action Minutes of 12/6/11
Page 6 of 7
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 3
Assistant Planner Castillo gave the staff report and answered questions from the
Commission. The project went before the DRC on November 10, 2011.
PUBLIC COMMENT
The following people spoke during public comment: Robert Davis.
Chairperson Bentz closed the Public Comment period.
MOTION: By Commissioner Colamarino and seconded by Commissioner
Dariz to adopt PC Resolution 2011-0021, a Resolution of the
Planning Commission approving an Amendment to CUP 2005-
0161 to allow construction of a 3,920 sf transmission shop and
accessory storage building at APN 056-051-033.
Motion passed 7:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTORS REPORT
• Director Frace stated that the next meeting is scheduled for December 20, 2011,
but currently there are no items for the agenda, so it may be cancelled. The first
meeting in the new year will be held on Jan 17, 2012.
• Director Frace gave an update on the Walmart/Annex project; we are looking at
making some changes to the EIR Consultant Contract.
• Director Frace gave an update on the Eagle Ranch project. There may be a
meeting on January 24, 2012 to review the project in further detail.
ADJOURNMENT-8:45 p.m.
The next regular meeting of the Planning Commission is scheduled for December 20,
2011, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero.
MINUTES PREPARD BY:
Annette Manier, Recording Secretary
The following exhibits are available in the Community Development Department
Exhibit A—Correspondence from Pet Stone(ATTACHMENTS TO THE MINUTES ARE ALREADY INCL.IN THE STAFF REPORT)
Exhibit B—Correspondence from John Ellis
PC Draft Action Minutes of 12/6/11
Page 7 of 7
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
Attachment 4: December 6,2011 Planning Commission Staff Report
ITEM NUMBER: 5
U 1
I-, u,,;,- DATE: 12-6-11
R `I
h
Planning Commission Staff Report
Staff Report - Community Development Department
Alfredo Castillo,AICP,Assistant Planner,470-3436, acastillo@atascadero.org
Sara Schack, Planning Intern,planninginterns@atascadero.org
PLN 2007-1190
Conditional Use Permit Amendment to Conditional Use Permit
Residential Care Facility Use
9525 Gallina Ct
(Vrajich)
RECOMMENDATIONS:
Staff recommends the Planning Commission adopt Resolution PC 2011-0020,
approving an amendment to PLN 2007-1190 (Conditional Use Permit) to allow for a
residential care facility in a Residential Suburban (RS) of up to 15 non-ambulatory
residents based on findings and subject to Conditions of Approval.
DISCUSSION:
Situation and Facts
1. Property Owner/Applicant: Ruth and Milan Vrajich, 9525 Gallina Ct.,
Atascadero, CA 93422
2. Project Address: 9525 Gallina Ct., Atascadero, CA 93422
APN 054-272-025
3. General Plan Designation: Rural Estates (RE)
4. Zoning District: Residential Suburban (RS)
5. Site Area: 2.6 acres
6. Existing Use: Residential Care Facility
7. Environmental Status: Class 1, Categorical Exemption Section 15301:
Existing Facilities
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
Background:
The proposed project consists of an amendment of a previously approved Conditional
Use Permit (PLN 2007-1190 / PLN 2007-0203) to increase the number of residential
care patients from 10 patients to 15 patients at an existing residential care facility
located at 9525 Galina Ct. Paradise Valley Care home was established in 1999 and
specializes in patients with Alzheimer's and dementia. At that time, it served 6 residents
until the approval of the Conditional Use Permit (CUP) in 2007. The CUP allowed for
eight (8) residents to be cared for at the property. Consistent with the Atascadero
Municipal Code (AMC) 9-3.423, a CUP is required by the City of Atascadero for
residential care facilities to care for over six (6) patients. A second amendment to
increase the number of patients was approved in 2008.
The applicant, with the approval of a third amendment, the care facility's maximum
number of residents will be fifteen (15). It is currently and will remain licensed for care
of"non-ambulatory"patients.
California Health and Safety Code, Section 13131, defines "non-
ambulatory"persons as:
"Non-ambulatory Persons" means persons unable to leave a building
unassisted under emergency conditions. It includes any person who is
unable, or likely to be unable, to physically and mentally respond to a
sensory signal approved by the State Fire Marshal, or an oral instruction
relating to fire danger, and persons who depend upon mechanical aids
such as crutches.walkers. and wheelchairs."
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
Surrounding Land Use and Setting
r Llano Rd.
Santa Lucia Rd.
i
f
Surrounding Land Use and Settina:
North:Residential Suburban
South:Residential Suburban
East: Residential Suburban
West: Residential Suburban
Analysis:
The project site is within the Rural Estates General Plan Land Use Designation and is
zoned Residential Suburban, which allows for residential care facilities to serve more
than 6 residents with the approval of a Conditional Use Permit. The site consists of a
single-family home used as a residential facility, a shed, a mobile home, parking area
for multiple cars, a back patio with seating areas, a gated pool area with poolside
seating, and a large grass field in the back. The front, side, and back yards are all
landscaped with grass,flowers,and mature trees.
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
The property will remain under an R-2.1 occupancy under the California Building Code
for a 24-Hour Care Facility. This will allow for continued residential use rather than a
typical hospital-type setting.
California Residential Code,Section 1.1,defines R-2.1 occupancy as:
R-2.1 This occupancy shall include building, structure or parts thereof
housing clients, on a 24-hour basis, who because of age, mental disability
or other reasons, live in a supervised residential environment that provides
personal care services.
This occupancy may contain more than six non ambulatory and/or
bedridden clients. (See Section 425 Special Provisions for Licensed 24-
Hour Care Facilities in a Group R-2.1, R-3.1 or R-4 Occupancy). Such as
Residential care facilities.
The site consists of two (2) employees and two (2) owners during operating hours for
the ten (10) residents. With the increase in number of residents, the resident to
employee ratio will be 3:1. This ratio meets the state requirements for care facilities as
required by the California Department of Health Services. There will be a maximum of
three (3)employees per shift,a maximum of eighteen (18) people at the care facility.
The property currently has a septic system. Homes that utilize septic systems are sized
according to the number of bedrooms, not the number of bathrooms. The house is
proposed to have a total of eight bedrooms, and increase from the current five
bedrooms. The septic system will be to be properly sizes as a condition of approval
(Condition 8).This will need to be completed at the time of building permit submittal.
Parkinq/Traffic/Circulation/ Fire Access
The increase from 10 residents to 15 residents will not create a significant increase in
traffic. The site includes an existing parking area that accommodates residents, visitors,
and employees. Adequate access is provided from Gallina Court. Off-street parking is
provided at the front and side of the property. The front and side paved areas can
accommodate up to 7 vehicles (5 in the front setback, 2 in the rear). Additional parking
for employees is located along Gallina Court. This parking area can accommodate 3
parking spaces, for a total of 10 off-street parking spaces. The applicant directs staff
and visitors to utilize the designated parking area on the front and side.
At this time, residents do not have cars on-site due to the nature of care provide for
Alzheimer's and dementia patients. A neighborhood compatibility concern will be the
amount of on-site parking. Staff is concerned that parking may become an issue in the
future and is recommending that parking be limited to visitors and employees only
(Condition 7).
The Fire Department has reviewed the site and has determined that there is adequate
emergency access. The area for turnaround is plentiful and acceptable for emergency
vehicles.
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
Parking and Fire Access
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General Plan Consistency
The proposed project is consistent with the following General Plan Housing Element
Policy:
Goal HOS 1: Promote diverse and high quality housing opportunities to meet the needs
of all segments of the community.
Goal HOS 4: Ensure equal access to sound, affordable housing for all persons
regardless of race, religion, age, sex, marital status, ancestry, national origin, color,
familial status, or disability.
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
Findings
The Planning Commission must make the following five findings to approve the
requested use:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
Staff Comment: The use is consistent with the housing elements goals outlined in
the General Plan.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance.)
Staff Comment: The proposed use is consistent with all zoning ordinance
requirements.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed use will not be detrimental to the general public or
working person's health, safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The proposed increase in residential care clients will not negatively
impact the surrounding neighborhood.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project and use, is consistent with the traffic
projections and road improvements anticipated within the General Plan based on
limiting the amount of cars on-site to employees and visitors only (Condition 7).
Additional traffic from visitors will be generated with the 5 additional patients.
Based on staff's analysis in the preceding sections all the required findings for approval
of a Conditional Use Permit Amendment can be made.
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
Proposed Environmental Determination
The project qualifies for a Class 1 categorical exemption. This categorical exemption
applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features involving negligible or no expansion of use beyond that existing
at the time of the Lead Agency's determination. The exemption includes interior or
exterior alterations. Guidelines Sec. 15301.
Conclusion
The proposed project is a request to expand an existing 10 resident care facility to allow
for fifteen (15) residents. The proposed increase will not create substantial impacts to
the surrounding neighborhood and/or environment. The use is compatible with the
Residential Suburban Zoning Designation and will provide increase opportunities to
elderly persons requiring an additional level of care.
ALTERNATIVES
1. The Commission may recommend modifications to the project and/or conditions
of approval for the project.
2. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the type
of information that is required and move to continue the item to a future date.
3. The Commission may deny the project. The parcel would retain its designation
of Residential Suburban and would be allowed to continue to operate with a
maximum of 10 clients. The Commission should specify the reasons for denial of
the project and make an associated finding with such action.
ATTACHMENTS:
Attachment 1: Location Map, General Plan and Zoning
Attachment 2. Aerial Map
Attachment 3. Site Photos
Attachment 4. Site Plan
Attachment 5. Proposed Floor Plan
Attachment 6: CEQA Exemption
Attachment 7: Draft Resolution PC 2011-0020
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
ATTACHMENT 1: Location map,General Plan and Zoning
Zoning RS(Residential Suburban)
General Plan Designation:RE(Rural Estate)
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
ATTACHMENT 2: Aerial Map
9525 Gallina
Zoning:RS(Residential Suburban)
General Plan Desim on:RE(Rural Estate)
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
ATTACHMENT 3: Site Photos
Parking area and proposed conversion area:
Outdoor patio area with seating,shade and landscaping:
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OutdoorAttachment 4
how
Gated poolside landscaping,seating,and recreation area:
4�M.if
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ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
ATTACHMENT 4: Site Plan
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ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
ATTACHMENTS: Proposed Floor Plan
RECEIVED
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ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
ATTACHMENT 6: CEQA Exemption
CITY OFATASCADERO
NOTICE OF EXEMPTION
6907 El Camino Real Atascadero,CA 93422 805.461.5000
TO: ® File
FROM: Sara Schack
Planning Intern
City of Atascadero
6907 El Camino Real
Atascadero,CA 93422
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public
Resources Code.
Project Title: PLN 2007-11901 Conditional Use Permit PLN 2007-0203
Proiect Location:9525 Gallina Ct.,Atascadero,CA 93422,San Luis Obispo County
Proiect Description: This is an application for a Second Amendment to a Conditional Use
Permit to allow expansion of a residential care facility from ten(10)residents to fifteen(15)
residents.
Name of Public Agency Approving Project: City ofAtascadero
Name of Person or Aeencv CarryingOoject: Ruth and Milan Vrajich(applicant)
Exempt Status:
❑ Ministerial(Sec.15073) ❑ Emergency Project(Sec.1507(b)and(c))
❑ Declared Emergency(Sec.15061(a)) ❑ General Rule Exemption(Sec.15061.c)
® Categorically Exempt(Sec.15301)
Reasons why proiect is exempt: Class 1 of the California Environmental Quality Act(CEQA)
(Section 15301,applies to the operation,repair,maintenance,permitting,leasing,licensing,or
minor alteration of existing public or private structures,facilities,mechanical equipment,or
topographical features involving negligible or no expansion of use beyond that existing at the
time of the Lead Agency's determination.The exemption includes interior or exterior alterations.
Contact Person: Sara Schack,planningintems@atascadero.org
Date: December 6,2011
Sara Schack
Planning Intern
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
ATTACHMENT 7: Draft Resolution PC 2011-0020
DRAFT RESOLUTION PC 2011-0020
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING PLN 2007-1190
AMENDMENT TO CONDITIONAL USE PERMIT PLN 2007-0203 TO
ESTABLISH A 15-CLIENT RESIDENTIAL CARE FACILITY LOCATED
AT 9525 GALLINA COURT
APN 054-272-025
(Vrajich)
WHEREAS, an application has been received from Ruth and Milan Vrajich, 9525
Gallina Ct, Atascadero,CA 93422, (Owner and Applicant)to consider an Amendment to PLN
2007-1190/Conditional Use Permit 2007-0203 to allow up to 15 clients at an existing residential
care facility at the site of an existing 10-client facility at 9525 Gallina Ct. (APN 054-272-025);
and,
WHEREAS,the site's current General Plan Designation is Rural Estate(RE);and,
WHEREAS,the site's current zoning district is Residential Suburban(RS);and,
WHEREAS,Residential Care Facilities serving 6 or more clients is a Conditional Use in
the RS Zone;and,
WHEREAS,the facility is currently approved for a maximum of 10 clients;and,
WHEREAS,the project is Class 1 Categorically Exempt for Infill Projects in accordance
with the California Environmental Quality Act(CEQA);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 Conditional
Use Permit application was held by the Planning Commission of the City of Atascadero at which
hearing evidence,oral and documentary,was admitted on behalf of said application;and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 6,2011,studied and considered an amendment to PLN 2007-
1190;and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
SECTION 1. Findings for approval of Conditional Use. The Planning Commission
finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual;and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance);and,
3. The establishment, and subsequent operation or conduct of the use will not,because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety,or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use;and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development;and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project,either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
SECTION 2.Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on December 6,2011 resolved to approve an Amendment to PLN 2007-1190
subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan
EXHIBIT C: Floor Plan
EXHIBIT D: Parking Areas
On motion by Commissioner and seconded by Commissioner
the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO,CA
David Bentz
Planning Commission Chairperson
Attest:
Warren M.Frace
Planning Commission Secretary
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
EXHIBIT A:Conditions of Approval
Conditions of Approval Timing Responsibility Mitigation
PLN 2007-1190 Amendment BC B.— /Monitoring Measure
CUP 2007-0203 ricers.
GP'.Gredirg Permit PS.PI—IN S-
BP Buildup Permit BS:BWIdI19Ser—
FLFlnallrspedim fD:Fire Depaltrrert
9525 Ga//ina Ct TC.Temporary PD. 6,.Dep r.rd
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Planning Department Standard Conditions
1. This Conditional Use Permit shall be for a 15-client residential FO PS
care facility located at 9525 Gallina Ct(APN 054-272-025)
regardless of owner.
2. The approval of this Use Permit shall become final and effective BP PS
for the purposes of issuing building permits fourteen(14)days
following the Planning Commission approval unless prior to the
time,an appeal to the decision is filed as set forth in Section 9-
1.111(b)of the Zoning Ordinance.
3. The Community Development Department shall have the authority BP PS,CE
to approve the following minor changes to the project that(1)
modify the site plan project by less than 10%,(2)result in a
superior site design or appearance,and/or(3)address a
construction design issue that is not substantive to the Master
Plan of Development The Planning Commission shall have the
final authority to approve any other changes to the Master Plan of
Development and any associated Tentative Maps unless
appealed to the City Council.
4. Discontinuance and re-establishment of this use shall be BP PS
governed by the Atascadero Municipal Code non-conforming use
provisions section 9-7.107
5. The applicant shall defend,indemnify,and hold harmless the City Ongoing
of Atascadero or its agents,officers,and employees against any
claim or action brought to challenge an approval by the City,or
any of its entities,concerning the subdivision.
Planning Department Specific Conditions
6. The facility shall meet or exceed all standards as required by the Ongoing BS/FD
California Building Code(CBC)and any superseding local
ordinances related to building safety and/or fire codes and
regulations.
7. The applicant shall limit parking to employees and visitors only. Ongoing BS/FD
Residents of the care facility will not be allowed to store or park
vehicles on the premise.Applicant shall properly maintain off-
street parking areas as shown in Exhibit D.
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
Public Works Project Conditions
8. Provide verification from a licensed Civil Engineer stating that the BP BS
septic system is designed and capable to handle the eight
bedrooms proposed. If the current system is not large enough,a
new system must be engineered and permitted prior to an
increase in clients.
9. Show the 100%reserve leach field area on the plans with a note BP BS
stating that structures cannot be built over or within eight feet of
the reserve area. The size of the area is based on the size
needed for up to 8 bedrooms.
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
EXHIBIT B:Site Plan
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ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
EXHIBIT C:Floor Plan
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ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 4
EXHIBIT D:Parking Area
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ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 5
Attachment 5: Correspondence: Pat Stone-November 29,2011 email
1
Annette Manier
From: patjanet stone <patjan20@hotmail.com>
Sent: Tuesday, November 29, 20114:38 PM
To: Annette Manier
Subject: Our discussion this AM
Regarding our phone discussion this morning, I ask that at best this plan meeting should be
put off until after the holidays. At least one of the street residents is out of town,
and there is too much impact of this planned expansion without input from all
affected residents, or at least an opportunity to speak.
As we discussed, I believe this would add too much density to this kind of housing
development and development in the general area.
I would like to write more but am pressed for time.
Thank you for considering this.
Sincerely, Pat L. Stone
owner of the home across the street, 9520 Gallina Court.
VN
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ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 6
Attachment 6: Correspondence:John Ellis-December 6,2011 email
From: John Ellis [mailto:johnellis1313@gmail.com]
Sent:Tuesday, December 06, 20119:08 AM
To: Warren Frace; Callie Taylor
Cc: patjan20@hotmaii.com
Subject: PLN 2007-1190- Hearing on Dec. 6th for 9525 Gallina Court Medical Facility Expansion in Residential Suburban
Zoning
I would be against this proposal for the following reasons.
This proposal is in breach of the attached "Declaration of Protective Covenants" at Article 1, Section 1.01
Residential Use. This proposal is also in breach of the Atascadero City zoning as it is zoned RS (residential
suburban).
Revenue from medical facility:
Patients pay$6,000 per month
Current Revenue is$60,000 per month or$720,000 per year(10 patients)
Proposed Revenue is$90,000 per month or$1,080,000 per year(15 patients)
This is bigger than a home business and causes significant traffic.This expansion appears to be driven by greed rather
than consideration for the covenants or neighbors. This reduces"quality of lifestyle"for residents on Gallina Court and is
inconsistent with the"Declaration of Protective Covenants"that binds the resident on Gallina Court from a legal
perspective. This breach of covenant would be"actionable"in the Court of Law with the City as a possible co-defendant.
If this is allowed to proceed then there should be a proposed revenue sharing with the other Gallina Owners at say X%of
the gross revenue to offset the nuisance factor and reduced quality of life.That way there are"mutual benefits"to
compensate for reduction in quality of lifestyle and nuisance factors.
Thank you for your time and consideration.
Best Regards,
John Ellis
423-2953
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
Attachment 7: Letter with Attachment: Pat Stone, December 6,2011
s v4.V`Y}.l i QL WlW1io VViJiJ't.3V l.7U .y
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My name is Pat Stone. I own the home on 2.7 acres directly across the court from Rui�h enxU#1ian•:--- ---
I am opposed to the application to increase the business at 9525 Gallina Court by 50%to 15 patients.
There are many reasons for this opposition. Added congestion to an area that was designed,approved
by the city of Atascadero,and marketed as an elite,quiet area ideal for family living,this is one reason.
Quality of life for family living in a family neighborhood is what this area was created for. And a
Property Owners Association was created to insure that these values would be maintained. Everyone
who purchased lots on this court must have valued this idea because this Association was accepted by
each and every person who purchased their lot.
When Ruth and Milan created their business on Gallina Court they knowingly violated the terms and the
very intent of our Association and our reasons for choosing to live In this area. But even worse than
that,I feet that the present and future property owners were violated,trample upon,by the city of
Atascadero. The people running the city's business are there to serve the needs and desires of all the
people,not Just the business applicants. Also,the Council and the city should respect the Covenants,
Conditions,and Restrictions and the Associations which have been put in place for the reasons that
those CC&R's were legally placed there. I don't believe that it is the right of the City to override the
Association when it clearly states the method that must be followed in order to amend or alter any
condition of the Association. This is a legally binding document. What right does any one property
owner or the city have to ignore the legal steps that must be in force?
Ok,one may say that this argument has no place here tonight,what's done is past history. I'm not so
sure- This is an issue that will have to be taken up,now that the affected property Owners see that the
intent of this business is to expand and expand to who knows what extent. It is an issue that is going to
have to be addressed possibly in court if the homeowners wish to mainta[n the intended quality of life.
But at the very least this expansion must be stopped now before it gets any bigger than it is now.
i am here to ask,no--demand that the city makethe legally and morally right decision and deny this
request for an expansion of 50%or even 1%of this business.
Pat L.Stone and 3a net I.Stone,owners of the property known as 9520 Gallina Court
December 6,2011
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
/gfvilT T 510,1vF
07
Recording Requested BY:
TICOR TITLE INSURANCE COMPANY
When Recorded Mail TO:
DM NO.. S
Mr. .john Drake ORRWIL RECORDS
Mrs. Alberta Drake BANLL4SOBISPPOCO CA
663 Evans Road �rta��
San Luis Obispo, CA 93401
FRANC36 M.COONEY
-Re Com,..
DECLARATION OF PROTECTIVE COVENANTS
FOR
RANCHO DE HUEVOS !
/�c ✓rJG 7 Gh c7
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VOL
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
Dec 06 11 02:35p Pat Stone 8055430798 p.3
s•
i1
TABLE OF CONTENTS
Article Pg&e
I• Use Restrictions . . . . . . . . . . . . . 1
II. Architectural Control . . . . . . . . . . 3
"III. Property Owners Association . . . . . . . 5
Iv, Maintenance Assessments . . . . . . . . . 6
V. Enforcement 0£ Assessments . . . . . . 7
vI. General Provisions . . . . . . . . . . . . 8
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ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
DECLARATION OF PROTECTIVE COVENANTS
FOR
RANCHO DE HUEVOS
The undersigned are collectively referred :o In
this declaration as "Declarant," and are the owners of real
property in the County of San Luis Obispo, state of
California, which is particularly described on Exhibit A
attached to this declaration, and referred to in this
declaration as "Rancho de Huevos" and as the "property." This
declaration is made in furtherance of a plan for the
subdivision, improvement and sale of the property.
Declarant declares that Rancho de Huevos, and every
parcel of land within it, shall be held, conveyed,
hypothecated, encumbered, leased, rented, used and occugied
subject to the following limitations, reservations, covenants,
conditions, servitudes, liens and charges, all of which are
declared to be for the purpose of maintaining ,and protecting
the value and attractiveness of Rancho de Huevos. This
declaration is for the benefit of all present and future
owners of Rancho de Huevos, shall constitute covenants to run
with the land, and shall be binding upon and shall inure to
the benefit of all persons having or acquiring any right or
title to, or interest in Rancho de Huevos or any portion of
it, and are equitable servitudes upon the land.
ARTICLE I
USE RESTRICTIONS
In addition to restrictions established by law and
by regulations which may be adopted from time to time by the
t
VOl3160ME527
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
V
- JY ,7
Board of Directors of the P ox perty owners Association the
following restrictionsare
and occupants: each lot
within Ranchochode
de Huevoevos and shall be binding upon all owners
Section 1.01. Residential Use. Each lot within
e�fi
the property shall be a rt_i_il_ " No building shall
be constructed or maintained on any lot other than a resi-
dance for a single family (including guests and household
employees) not exceeding two stories in height, a private
garage for not less than two cars, and suitable Outbuild-
ings customarily associated with residential use.
ize of
£acedy resfNO sinle-
dencenshall bescOnstructeidorcmairtainedgOn any
lot unless the residence has an interior fl
aor area of more
than one thousand six hundred (1600) square feet.
measuring the interior floor area, porches, Zr,
patios, base-
ments, and attached Or unattached garages and carports shall
not be included.
Section 1.03. Set-backs. No building or other
structure, except fences, s a E_e located on any lot within
€(2ifty5> (50) feet of the front lox line, or within twenty-five
feet of the side and rear lot lines. An eave, roof
overhang, or steps extending beyond the scalls of any struc-
ture shall not Of constitute a violation of the set-back
this Orgsteps edosnot extend emore athan threetion if e(3)vfeetobeyo drtheg¢
wall of the structure.
Section 1.04, Ter orary Structures. No attached
or unattached garage, structure o a ruct raxy character,
basement, trailer, tent, shack or other outbuildings shall
be used on any lot as a residence, either temporarily or
permanently, except that during construction of a residence,
a mobile home or other temporary residence may be located on
the lot for a period of not more than one (1) year,
Section 1.05. Trash and Debris. No part of any
lot shall be user, as a dump' roun _or rubbish, trash,
junk, garbage or u�anure. 19 gr garbage, and other waste at
all "'es shall be kept within closed containers. All
incinerators Or other equipment used for the storage or
disposal of such material shall be kept in a clean and
sanitary condition, and shall be maintained and cperated in
accordance with applicable state and local. laws.
Section 1.06. Diligence in Construction, g1Y f
construction work on a lac s a s one continuously and
i
-2-
'4L 3160 528 {
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
diligently. It will be presumed that a residence has not.
been diligently constructed if it is not completed within
twelve (12) months after the date of the issuance of the
buiLding permit.
Section 1. '67. Utilities. All utility services
shall be placed undergroun3`:
Section 1.08. Lawful Use. No activity shell be
conducted on any lot whic s un awful, or which constitutes
a nuisance to the neighborhood, or which interferes with the
quiet enjoyment of the owners of other lots within Rancho de
Huevos.
Section 1.09. Vehicles. No vehicles shall be
operated within Rancho de u�[evos which do not have mufflers
in good operating condition, Inoperative vehicles must be
stored within garages or other shelters.
ARTICLE 11
ARCRI'TECTUItAL CONTROL
Section 2.01. Architectural Committee. There
shall be an Arcbitectural ommzttee t eamm ttee") which
shall consist of three (3) persons.
Section. 2.02. Membership. Declarant may appoint
all of the members of the omm ttee and all rep;aGements
until the third anniversary of the recordation of this
declaration. Thereafter, alt members of the Committee shall
be appointed by the Board of Directors of the Property
Owners Association.
section 2.03. Plan Approval. leo a plication
shall be made to the City oNtascavaero for the issuance of
a building permit, nor Aall any building, shed or other
structure he constructed within Rancho de Huevos, nor shall
any exterior addition or alteration be made in an existing
building or structure, until the site plan and construction
plans and specifications showing the nature, height, color
scheme, design, shape, dimensions, material and location of
the building or structure have been approved in writing by
the Committee, The Committee will not approve of plywood
Siding, or large, unbroken exterior surfaces, except when
unusual circumstances exist. The Committee shall be con-
cerned only with the exterior of a structure, and not with
its interior design, color or material. To obtain Committee
approval, all improvements .nust comply with ordinances of
;3G o
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
the City of Atascadero. The decision of the Cocmittee shall
take into account the harmony of the proposed plan with
buildings in the neighboring coumiunity, surrounding improve-
ments and topography. If the Committee fails to approve or
disapprove such plans and. specifications (or any corrected
or amended plans and specifications) within thirty (30) days
after submission to it, approval of the submitted plans and
specifications will not be required, and this Section 2.03
will be deemed to have been complied with, if construction
d within
of the
months after submissionnofhthe1ati planstotarttheECotmnittee
(6)
six
The Committee may, in its own name or on behalf, of the
Property 'Owners Association, exercise all available legal
and equitable remedies to prevent or remove any unauthorized
and unapproved improvements within Rancho de Huevas.
Section 2.04. Meetings. The Committee shall meet
from time to time as necessary to perform its duties. The
vote or written consent. of s majority of the members. at a
sheeting or otherwise, shall constitute the act of the
Committee. The committee
alluch meetings or bymaintain a ttenwrirecord of
all actions taken by 'Members of the Committee shall
consent without a meeting,,
not receive any compensation for services rendered.
Section 2.05. Architectural Rules, The Committee
may adopt, amend and repea y ma or ty vote or written
consent, rules and regulations to be known as "Architectural
Rules." The Architectural Rules shall interpret and imple-
merit this
for acotmmitteion e gforth setting tstandardshe and
reviewandtheguiderlinesfor
designand placement of improvements.
treate
Section 2 .06. Roof �arorials. �ile material, but compoei-
wood shakes shall be accepts
tion or asphalt roofing shall not be permitted.
Section 2.07. Communication Tower® satellite
Dishes and Other Antenna. ommunicat on towers, eats to
c s4tes an ofer antenna must be approved by the Co=,dttee
with respect to sire, location and visibility. The committee
may adopt rules exempting certain types of an
from the
requirement of Committee approval.
Section 2,08. Waiver. The akpruval by the
Committee of any plans, dra nit gs or specifications for any
worK done or proposed, ar for any other matter requiring the
approval. of the Committee shall nor. he deemed to constitute
a waiver of any right
chlmat�teerpval of any subseguentlysimilar
plan, drawing, speificatierLor
mitted for approval.
VJw 13 Qv
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
Section 2.09. Liability. No member of the
Committee, if he or she has acre in good faith, shall be
liable to any Owner or other person for any damage, lose or
prejudice suffered or claimed because of (a) the approval or
disapproval of any pians, drawings or specifications, or (b)
the construction of performance of any work, whether or not
pursuant to approved ,plans, drawings and specifications.
_ ARTICLE III
�"�JPRUPER'?`Y OWN£RS ASS�G7ATIt72�
within RanchotdenHuevos sEamts 6eha memberrof therPropea
rtyt
Owners Association ("Association"). which shall be an
unincorporated association. There shall be no qualifics-
tions for membership other than ownership of zeal property
within Rancho de Huevos.
Section 3.012. Termination of Membership. A
member's membership in the ssoc at on s a cease upon the
termination of such meczber's status as an owner of real
property within Rancho de Huevos, whether by the sale,
assignment or conveyance of his ownership interest or
otherwise. An owner shall have no liability for asseasments
levied after the date on which his status as an owner of
real property within Rancho de Huevos is terminated.
Section 3.03. Avoidino Membershi An owner may
not avoid the obligations of me-mmi re e association.
Nonuse of roads, renunciation or abandonment of a parcel of
real property, or any other act of abandonment or renuncia-
tion, shall not relieve ars owner from the obligations of
membership.
Section 3.04 . Board of Directors. The Association
shall be managed by a Boar o -rectorsBoard") which
shall consist of six (6) Directors. The initial Directors
Of the Board shall be appointed by Declarant, and shall
serve until the Declarant has sold all of the lots within
Rancho ds kluevos. Thereafter, Direccors shall be elected
solely by the votes of owners of lots within Rancho de
Huevos.
Section 3.05. Votin There shall be one vote
for each separate lot with-'rlaneho de Huevos. Fractional
votes shall not be allowed. rf more than one person is the
owner of a lot and such persons are unable to agree among
themselves as co how their vote or votes shall be cast, they
-S- rre�
VOL 31 PKE
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
shall .lose their right to vote on the matter in question.
If less than all of the persons Jointly owning a lot caret a
vote representing that lot, it will thereafter conclusivel
Ba
be presumed for all purposes that the vote as cast with tL
authority and consent of all, the owners of that lot, If
more than one vote is cast for a particular lot, such votes
shall be void and shall not be counted.
Declarant hastsald3a0l OfE-TlE-cet1 —ts
withinsuRanchoedesHuevos,
a meeting shall be held by members of the Association, and
annually thereafter, for the election of members of the
Board of Directors of the Association. All Directors shall
be owners or agents of owners of lots within Rancho de
Huevos. Each owner entitled to vote at any election of the
Board of Directors may cumulate his vote and give one
candidate a number of votes equal to the number of Directors
to be elected, or may distribute his vote on the same
principle among as many candidates as he desires. An owner
shall have separate voting rights for each lot owned.
Section 3.07, Vacancies. Vacancies in the Board
of Directors caused by arLgra Cher than removal of a
Director by a vote cjf `f`e Aasoc�.atio- gall be filled by a,
majority vote of the Utrectors, even though they
may constitute less than a quorum.
Section 3.08. Officers. The Board of Directors
shall elect from among then a Desi vice-president,
and treasurer o�--tie Associatio
may �.._ay be, but need not be, a e hg-g The treasurer
Section 3.09. General. Authority of the Soarcl.
The Board shall have author ty to can uct a us cress
affairs of the Property Owners Association, Powers of the
Board shall include, but shall not be limited to, authority
to collect maintenance assessments; to contract for and pay
for repairs to roads and for legal and accounting services:
to purchase and pay for insurance for the protection of the
Board and of members of the Association; and to establish
reasonable reserves for future expenditures.
ARTICLE IV
MAINTENANCE ASSESSh4,ENTS
Section 4.01. Covenant to Pa Asaessmenta.
Declarant covenants for eac of oYane y ec arant, and
each owner other than Declarant. by acceptance of a deed to a
-b-
�Q�3 . 532
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
date. The As..ssar atiQ7cl t its election may require the owner
to pay a late change" in a reasonable sum to be deterrained
by the Association, but not to exceed test percent (10x) of
the delinquent assessment or Thirty- Five Oollara ($35) ,
whichever is greeted. In any action to enforce payment of s
ressonable
delinquent assessment, the delinquent owner shall pay
Association.attorney's fees and costs incurred by the
Interest shall accrue an all sums imposed in
accordance with this Article V including the delinquent
assessment, reasonable costs of collection, and late charges,
at an annual percentage rete equal to the lesser of (a)
twelve percent (12%) per annum, (b) the maximum permissible
legal rate, or (c) a rate set by the Board. Interest shall
begin to accrue thirty (30) days after an assessment becomes
due.
Section 5.02. Notice Of Delia uairt .�ssesbment.
The Association may recor n e e d ce o.. t o Dort p
decorderlinque of San Luis Obispo County, California, a notice of
delinquent assessment with respect to any assessment that
is not paid within fifteen (15) day .
G after its due date
The notice of delinquent assessment shall constitute rte.
only, and shall not be or become a ] otice
ien as described in
Section 2367 of the California Civil Code. The notice shall
state the atiroLnt of the assessment and other sums imposed La
accordance with this Article V, the names) of the owners(s)
of the property with respect to which the assessment waas
made, and a description of his record interest in the
property. The notice of delinquent assessment shall be
signed by the person designated by the Association for tl,,at
purpose, ax if 'lo one La desigzzated, by either the president
or the secretary of the Association. Upon payment of the
sum specified in the notice of delinquent assessment, the
Association at the expense of the owner shall cause to be
prepared and recorded a further notice stating that the
delinquent assessment has beer. paid.
Section 5.03. Le al Action.T e AsBo #c ation y
fila a lawsuit against a �ent awtter
assessment obligation. Any judgment rendered in such an
action may include a sum for reasonable attorney' s fees.
ARTICLE VI
GENERAL PROVISIONS
section 6.01, Violation of Law. Any violation of
any state , municipal or lova aw3, orsnce 4p regulation,
-S-
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
pertaining to the ownership, Occupation or use of land
within Rancho de Hue-vos, is hereby declared to be a violation
of this declaration and subject to the enforcement procedures
set forth beret".
Section 6,02. Attorne 's Fees. In any notice" or
Proceeding to enforce or inter ret any Provision of this
declaration, the Prevailing party shall be entitled to
recover reasonable attorney' s fees.
Section 6.03. Amendment and Revocation. This
declaration may be amende or revo e
Yana rma t ive vo t e
ds (2J3rds) or more of the voting Power of the
Association An amendment shall be effective when tai the
requ re two-thirds percentage of members have approved of
the amendment or revocation, either by u*ritten consent or by
votes cast in person or by proxy at a meeting of the.
Association, and (b) the approval of the amendment or
revocation. has been certified in orriting, signed and acknowl-
edged by the officer d6signated by the Association for that
purpose - n4 ne has been designate
Of th esociatia and tc1 the writingetogetherewith the
warding Of —t'Fe- amendment or revocation has been recorded in
San Luis Obispo county.
Section 6.04. Notice of Transfer. Upon the
lease, sale or other trans er o a ate t e owner who
transfers the. Int and the transferee shell promptly Hattfy
the Association in writing of the name and address of the
transferee, the nature of the transfer and the lot involved,
as well as such other informat�gZ ra�lative to the transfer
and the transferee as thy- ssociatio_ay reasonably request.
The previsions of this sectior. s a not raPpl-y to declarant.
Section 6.05 . Cumulative Remedies. Each remedy
provided by this declsrat ora s cu= at ve and not exclusive.
Section 6.06. Martial lnvalidit the invalidity
car; partial invalidity of an�p v s on a , t is hecin declaration
shAl.l not affect the validity or enforceability of any other
provision,
DECLARANT
Dated:
i0FN L?. i>RAKE
Dated: 1958 Ile_
AL SE RTA B. ?�RPiK
-9-
V aL 16A �,
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
L/CV uu I I UG.,+up otorle t5UOb4JU/`J'25 --."3
TD 19LI GA 19-9<l qyr®R TITLE gNSUPAAM
!I ndioiduaU
STATE OP CALIFCRNIA
miNry oP San_Luis Obispo
1 On JUNE 17, 1988 before me;ehc unders<gnrd,a`;atary?ublic in and for
sa: creon:
d Sum,p :lycppnred Jahn W), C',cr �e and AI6er'ta B_ Rrrkw
x ,operoonady know,to m
e pt..red e+me on the bcsi3 f.aciafacxory—id—.to be .,.......-.... ww++++s$
`� the pera<m a whutt name 3 OYC W,rib,4 co tht I OfFIGI.tL SEAL
within instn+menr and.eknowledped char-$bAY ere- KATH{,EEN REESE
toted ehc same. r+wan Puha CV11—
WI'fN1?5S my hand nd nfiicicl aui. Pf6- 04O.'Ke
uy Comt Ftp.May 9,199 t
-46
sygnacur. ........+/�. AGE
iratr.rca foroN7cb1 mtrste7 Jed)
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 7
EXHIBIT "A"
{?ESCRIPTION
LOTS X THROUGH 6 OF TRACT 110. 1477, IN THE CITY OF A ASCADEROr COUNTY
AS prR JUM
OF SAN LUIS OBISPO, STATE OF CALIF ImSIE OFFICE O FTHECORDED COLTWI'y 201
1998 IN BOOK 14, PAGE 64 OF KAPS,
neCORDER OF SAID COUNTY'
(END OF DESCRIPTION)
rwot DUma3 7
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 8
Attachment 8: Letter with Attachment: Milian Vrajich, December 28,2011
Alfredo Castillo
From: Milan Vrajich <vmilan@calinet.com>
Sent: Wednesday,December 28,20118:42 AM RECEi
To: Alfredo Castillo
Subject: RE:Appeal DEC 2 8 2011
COMMUNITY DEVELOPMENT
To Whom It May Concern
As you are aware we are the owners of Paradise Valley Care and we have applied to the City of Atascadero for a
Conditional Use Permit in order to increase our facility size to fifteen(15)residents from ten(10).On December 6th of
this year we went before the planning commission and stated our reason and addressed concerns regarding the increase
in size of the facility.After all issues were presented a vote was cast and our Conditional Use Permit was approved by a 5
to 2 vote.It has been brought to our attention that there has been an appeal to that vote and we hope that you will
uphold the Conditional Use Permit that has already been granted to us through the vote cast on December 6th.The
following is an explanation outlaying the reasons why.
My wife and I are the owners of 9525 Gallina Ct which currently also is the location of Paradise Valley Care,an elderly
care facility that we opened over 12 years ago.Our elderly care facility is licensed by the State of California as is required
by law.In 1999,when we first opened our home to Elderly individuals who no longer could care for themselves,we were
first originally licensed for six(6)residents.During the first 7 years,the facility was operated mostly by ourselves with
some help from employees during day shifts.Approximately around 2005 we decided to expand our services to
accommodate more individuals who were seeking to place their loved ones in such a nice location as ours.
At that time we took the appropriate measures to get approval through the City of Atascadero and we applied for the
Conditional Use permit.It was approved unanimously.The following year we realized that we should have applied for a
conditional use permit to increase to ten(10)residents instead of eight(8).Again we took the appropriate measures to
get approval through the City of Atascadero and we applied for the Conditional Use permit to increase the facility
capacity to ten(10)residents.Again this was approved unanimously.Both of these times each neighbor was given the
opportunity to voice their concern yet no one did.In many conversations with our neighbors,they were aware of the
facility and expressed support and positive attitudes towards the services that we were providing.
During the planning commission meeting on December 6th a few property owners brought up concerns that our desires
to obtain a Conditional Use Permit was in violation of the the Home Owner Association for our street.Although there
may be documents that have come with the property stating that there is a Home Owners Association for the street,the
reality is that there was never an association formed.We are 1 of 2 original owners on the street and the longest owning
owners of the two.The four additional properties on the street have been resold at least once and up to four times,as is
the case with Mr.Stone's property which is directly across the street from our property.The homeowner association
was only a nice sales pitch as was evident through conversations with the developers whom we knew and whom use to
be our neighbor.This was also evident since even originally 21 years ago there was never any home owner's association
board brought up,voted upon or formed.And since that time no home owners association actions have ever been
brought up or discussed.
During the same meeting the concern regarding additional traffic on the road was also brought up.This was also
defended and addressed.Traffic will not increase on the street because the facility increase will only bring 1 additional
employee(and vehicle)to the road per shift.When employees are present at the facility,they are present for their
entire shift and do not leave and come back frequently throughout the day.You can seldom see more than three cars
parked in front of our house at any given time.Of course there are exceptions from time to time.During the day things
are quiet with occasional short nurse visits.Our doctor comes once a month to check on all residents at one time,which
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 8
is nice because we don't have to transport our residents to and from doctors'office thus maintaining traffic low.The
fact remains that there are other neighbors who are responsible for an equal amount of traffic if not more which again is
not much.As stated by one of the Planning Commission members when he took a drive down our street he said that he
could"not even tell which property on that street was an assisted living facility."
In our discussions with Mr.Stone following the planning commission meeting it became apparent to us that his main
concern has to do with the resale value and sell ability of his home. Let it be known that Mr.Stone does not nor has he
ever lived in the home. He currently owns and lives in his home in San Luis Obispo.The property currently is being
leased with an option to purchase. Mr.Stone has expressed a concern that the addition to the facility would cause it to
look like a commercial property and thus would diminish the value of his property.The fact is that our property is the
best and most maintained property on the street.We take pride in providing a lovely environment where our residents
can enjoy beautiful scenery as they live out the end of their lives.During the December 6`h meeting one of the council
men who actually drove the street stated that our property"was the most up kept of all the properties on the block"As
stated by staff in the planning commission meeting there are small changes to the interior of the home that will not alter
the home like look.
In the time that Mr.Stone has owned the property he has allowed the property to deteriorate dramatically even though
I have personally helped him with weed abatement while the home has sat vacant,free of charge. In a conversation with
our son,earlier this year,who was interested in purchasing the property,Mr.Stone expressed that he would like to sell
the home for no less than$10,000.00 more than what he bought it for.When Mr.Stone was asked by our son whether
or not he felt that his home had actually appreciated$10,000.00 in the previous two years in this economy,Mr.Stone
stated"yes". It was apparent that Mr.Stone was not being reasonable nor fully grasping the reality of the economy and
real estate decline that has affected all across the nation.It is with this understanding that Mr.Stone does not truly
understand the issue of property value. If Mr.Stone is concerned with the value of his property dropping or inability to
sell it,he may want to focus on the up keeping of his property. In fact,after the meeting Mr.Stone expressed to us that
the individuals who lives/lease the home from him are not bothered nor will it prevent them from desiring to go through
with their plans of purchasing the home from Mr.Stone as per the agreement that was made by them.Thus his
concerns of selling the home are null as the knowledge of a facility across the street did not prevent him from
purchasing this same property.
In conclusion, I know we are making a difference in caring for those who no longer can do it for themselves.We are not
only making their lives better, but the lives of their families. Feedback we receive from the families tells it all. My sincere
hope is that we will get your support through upholding the Conditional Use Permit already granted to us and allow us
to provide peace of mind through accommodating those who are waiting.We look forward to meeting with you on
January 10,2012.
Thank you,
Milan Vrajich
In Summary,my main points are:
1. The supposed CC&Rs never existed—no association was ever formed by the original owners.
2. Mr.Stone's property will not decrease value as a result of the increase in residents because:
a. Traffic will not be an issue with the increase.
b. The outside of property will not change in appearance.
c. We will never go over 15 residents and look like a commercial property.
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 9
Attachment 9: Draft Resolution A
Upholding Planning Commissions decision to approve PLN 2007-1190/CUP 2007-0203
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
UPHOLDING THE PLANNING COMMISSIONS APPROVAL
OF PLN 2007-1190 / CONDITIONAL USE PERMIT 2007-0203 AT
APN 054-272-025
9525 GALLIANA COURT
(VRAJICH)
WHEREAS, an application has been received from Ruth and Milan Vrajich, 9525
Gallina Court, Atascadero, CA 93422, (Owner and Applicant) to consider an Amendment to
PLN 2007-1190/Conditional Use Permit 2007-0203 to allow up to 15 clients at an existing
residential care facility at the site of an existing 10-client facility at 9525 Galling Court (APN
054-272-025); and,
WHEREAS, the site's current General Plan Designation is Rural Estate (RE); and,
WHEREAS, the site's current zoning district is Residential Suburban (RS); and,
WHEREAS, Residential Care Facilities serving 6 or more clients is a Conditional
Use in the RS Zone; and,
WHEREAS, the facility is currently approved for a maximum of 10 clients; and,
WHEREAS, the project is Class 1 Categorically Exempt for Infill Projects in
accordance with the California Environmental Quality Act(CEQA); and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject
Conditional Use Permit application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
application; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 6, 2011, approved the Conditional Use Permit 2007-0203,
after first studying and considering the testimony and the environmental determination
prepared for the project, and,
WHEREAS, an appeal of the project was received within the 14 day project appeal
period by Pat Stone,property owner at 9520 Gallina Court, and,
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 9
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public
Hearing held on January 10, 2012, studied and considered the Conditional Use Permit 2007-
0203, after first studying and considering the materials prepared for the project, and,
NOW, THEREFORE, the City Council of the City of Atascadero takes the
following actions:
SECTION 1. Findings upholding Planning Commission's approval of an
amendment to Conditional Use Permit 2007-0203. The City Council finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons
residing or working in the neighborhood of the use, or be detrimental or injurious
to property or improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of
the surrounding neighborhood that would result from full development in
accordance with the Land Use Element.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on January 10, 2012, resolved to uphold the Planning Commission's
approval of an amendment to Conditional Use Permit 2007-0203 subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan
EXHIBIT C: Floor Plan
EXHIBIT D: Parking Areas
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 9
On motion by Council Member and seconded by Council
Member , the foregoing Resolution is hereby adopted in its entirety on
the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Bob Kelley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 9
EXHIBIT A:Conditions of Approval
Conditions of Approval Timing Responsibility Mitigation
PLN 2007-1190 Amendment BL:Business /Monitoring Measure
CUP 2007-0203 License
GP:Grading Permit PS:Planning Services
BP:Building Permit BS:Building Services
FI:Final Inspection FD:Fire Department
9525 Gaiiina Ct TO:Temporary PD:Police Department
Occupancy CE:City Engineer
F0:Final WW:Wastewater
Occupancy FMCA:City Attorney
Final Map
Planning Department Standard Conditions
1. This Conditional Use Permit shall be for a 10 client 15-client FO PS
residential care facility located at 9525 Gallina Ct(APN 054-
272-025)regardless of owner.
2. The approval of this Use Permit shall become final and BP PS
effective for the purposes of issuing building permits fourteen
(14)days following the Planning Commission approval unless
prior to the time,an appeal to the decision is filed as set forth
in Section 9-1.111(b)of the Zoning Ordinance.
3. The Community Development Department shall have the BP PS,CE
authority to approve the following minor changes to the
project that(1)modify the site plan project by less than 10%,
(2)result in a superior site design or appearance,and/or(3)
address a construction design issue that is not substantive to
the Master Plan of Development. The Planning Commission
shall have the final authority to approve any other changes to
the Master Plan of Development and any associated
Tentative Maps unless appealed to the City Council.
4. Discontinuance and re-establishment of this use shall be BP PS
governed by the Atascadero Municipal Code non-conforming
use provisions section 9-7.107.
5. The applicant shall defend, indemnify,and hold harmless the Ongoing
City of Atascadero or its agents,officers,and employees
against any claim or action brought to challenge an approval
by the City,or any of its entities,concerning the subdivision.
Planning Department Specific Conditions
6. The facility shall meet or exceed all standards as required by Ongoing BS/FD
the UBG California Building Code(CBC)and any
superseding local ordinances related to building safety and/or
fire codes and regulations.
7. The applicant shall limit parking to employees and Ongoing BS/FD
visitors only. Residents of the care facility will not be
allowed to store or park vehicles on the premise.
Applicant shall properly maintain off-street parking areas
as shown in Exhibit D.
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 9
Public Works Project Conditions
8. Provide verification from a licensed Civil Engineer stating BP
that the septic system is designed and capable to handle
the eight bedrooms proposed. If the current system is not
large enough,a new system must be engineered and
permitted prior to an increase in clients.
9. Show the 100%reserve leach field area on the plans with a BP BS
note stating that structures cannot be built over or within
eight feet of the reserve area. The size of the area is
based on the size needed for up to 8 bedrooms.
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 9
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ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 9
EXHIBIT C: Floor Plan
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ITEM NUMBER: B - 1
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Attachment 9
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ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 10
Attachment 10: Draft Resolution B
Granting the Appeal and Denying PLN 2007-1190/CUP 2007-0203
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
GRANTING THE APPEAL OF PLN 2007-1190 / CONDITIONAL USE
PERMIT 2007-0203 AT APN 054-272-025 AND DENYING THE
REQUEST TO INCREASE THE NUMBER OF RESIDENTIAL CARE
CLIENTS FROM TEN TO FIFTEEN PERSONS
9525 GALLINA COURT
(VRAJICH)
WHEREAS, an application has been received from Ruth and Milan Vrajich, 9525 Gallina
Ct, Atascadero, CA 93422, (Owner and Applicant) to consider an Amendment to PLN 2007-
1190 / Conditional Use Permit 2007-0203 to allow up to 15 clients at an existing residential
care facility at the site of an existing 10-client facility at 9525 Galling Ct. (APN 054-272-
025); and,
WHEREAS, the site's current General Plan Designation is Rural Estate (RE); and,
WHEREAS, the site's current zoning district is Residential Suburban(RS); and,
WHEREAS, Residential Care Facilities serving 6 or more clients is a Conditional
Use in the RS Zone; and,
WHEREAS, the facility is currently approved for a maximum of 10 clients; and,
WHEREAS, the project is Class 1 Categorically Exempt for Infill Projects in
accordance with the California Environmental Quality Act (CEQA); and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject
Conditional Use Permit application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
application; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 6, 2011, approved the Conditional Use Permit 2007-0203,
after first studying and considering the testimony and the environmental determination
prepared for the project, and,
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 10
WHEREAS, an appeal of the project was received within the 14 day project appeal
period by Pat Stone,property owner at 9520 Gallina Court, and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public
Hearing held on January 10, 2012, studied and considered the Conditional Use Permit 2007-
0203, after first studying and considering the materials prepared for the project, and,
NOW, THEREFORE, the City Council of the City of Atascadero takes the
following actions:
SECTION 1. Findings for denial of amendment to PLN 2007-1190 / CUP 2007-
0203. The City Council finds as follows:
1. The proposed project or use is inconsistent with the General Plan and the City's
Appearance Review Manual; or,
2. The proposed project or use does not satisfy all applicable provisions of the Title
(Zoning Ordinance); or,
3. The establishment, and subsequent operation or conduct of the use will, because of
the circumstances and conditions applied in the particular case, be detrimental to the
health, safety, or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to property or improvements
in the vicinity of the use; or,
4. That the proposed project or use will be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; or,
5. That the proposed use or project will generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
SECTION 3. Denial. The City Council of the City of Atascadero, in a regular session
assembled on January 10, 2012, resolved to grant the appeal and deny an amendment to
Conditional Use Permit 2007-0203.
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:
ITEM NUMBER: B - 1
DATE: 01/10/12
Attachment 10
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Bob Kelley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM NUMBER: C - 1
DATE: 01/10/12
A I MIS
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A tascadero City Council
Staff Report — Public Works Department
2012 Community Development Block Grants
Draft Recommendations
RECOMMENDATION:
Council develop and adopt draft funding recommendations for the 2012 Community
Development Block Grant (CDBG) funds.
DISCUSSION:
Background: The 2012 CDBG award process began in the Fall of 2011. The first of
two Workshops were held throughout the County to solicit public comment on
community needs. The County published a request for CDBG proposals and the City
received 13 applications. Total funding, based on previous levels, is anticipated to be
approximately $170,000. Final funding amounts will be released by the Department of
Housing and Community Development in early 2012.
CDBG funds are available for community development activities, which meet at least
one of the three national objectives:
1. A benefit to low and moderate-income persons;
2. Aid in the prevention or elimination of blight;
3. Address urgent needs that pose a serious and immediate threat to the health
or welfare of the community.
In order for a program to qualify under the low and moderate income objective, at least
51% of the persons benefiting from the project or program must earn no more than
80% of the area median. Additionally, at least 70% of the CDBG funds must be spent
toward this objective.
The following criteria should also be used to guide selection of CDBG programs:
1. The proposal is consistent with the national objectives and eligibility criteria of
the HUD CDBG program;
2. The proposal is consistent with the Urban County Consolidated Plan;
ITEM NUMBER: C - 1
DATE: 01/10/12
3. The proposal is consistent with the General Plan and other City
codes/ordinances.
4. The proposal will achieve multiple community development objectives;
5. The proposal can be implemented in a timely manner, without significant
environmental, policy, procedural, legal, or fiscal obstacles to overcome; and
6. The project is not financially feasible without CDBG funding.
The City received the following applications for the 2012 funding cycle:
Public Facilities Requested
City Of Atascadero — Handicapped Accessibility-Barrier Removal Projects $150,000
North County Women's Shelter— Electrical Upgrade and Garage Door Replacement 3,200
North County Connection —Acquisition and development of Sober Living Center 100,000
Transitional Food and Shelter - Purchase of property for transitional housing 200.000
Public Services— Limited to 15% of 2012 Allocation ($25,500)
Atas. Community Services Foundation — Youth Activity Scholarships 8,000
Atascadero Loaves and Fishes — Operation of Food Pantry 15,000
Big Brothers Big Sisters — Operating Expenses, Mentor Program 5,000
EI Camino Homeless Organization — Operation expenses 12,500
Literacy Council —Atascadero Program 5,000
North County Adaptive Sports & Recreation — Operation expenses 2,500
Senior Nutrition Program for SLO Count — Hot Lunch for Seniors 5,000
Transitional Food and Shelter— Shelter for Medically Fragile 3,000
Economic Development— Charged against 20%Administrative Cap
Mission Community Services — Women's Business Program 5,000
Administration — Limited to 20% of 2010 Allocation ($34,000)
City Program Administration Costs 34,000
Total Funds Requested $553,200
Estimated Total Funding Available $170,000
Applications received significantly exceed anticipated funding. In addition there are
limits related to categories of funding as described below. As part of the CDBG
process tonight Council must develop a draft recommendation for the 2012 grant year
that meets the funding criteria while adhering to the category limits.
A copy of all applications, funding regulations and a summary of past awards has been
provided with your agenda packet. Copies have also been provided in the lobby and
the library for public review.
Upon approval, the draft funding recommendations will be forwarded to the County for
publishing along with recommendations from all participating agencies. A minimum of
30 days after publication the second workshop will be held to allow questions from
applicants regarding the draft recommendations after which the draft allocations will be
forwarded to City Council, with comments from the workshop, for final approval and
ITEM NUMBER: C - 1
DATE: 01/10/12
forwarding to the County Board of Supervisors. The following is a brief explanation of
the funding groups and applications within each:
PUBLIC FACILITIES
Public Facilities are defined as activities relating to real property, including the
acquisition, construction, rehabilitation or installation of public improvements. These
activities can be carried out by a grantee, subrecipient or other nonprofit.
City of Atascadero — City Facilities and Infrastructure — Barrier Removal
Funds Requested: $150,000
This project provides for the removal of accessibility barriers at all city facilities. Project
includes, in part, sidewalk modifications, infill of sidewalk gaps, audible ramping issues,
bathroom compliance upgrades, door hardware replacements, audible and visual
warning systems, ramping issues and access to facilities.
North County Women's Resource Center— Electrical Repair and Garage Door
Replacement
Funds Requested: $3,200
The proposed project would provide for the replacement of outlets that have become
overused and unstable in the walls. In addition, the garages at the facility are used to
store operating supplies such as diapers, toiletries, cleaning supplies and dry food
items. Currently the wooden garage doors are old, heavy and difficult to open. These
doors would be replaced with lightweight metal doors.
North County Connection — Sober Living Facility in Atascadero
Funds Requested: $100,000
The proposed project is for the purchase their current facility at 8600 Atascadero
Avenue. North County Connection has been operating a recovery resource center for
22 years, 11 of those years at their current location.
Transitional Food and Shelter — Transitional Housing
Funds Requested: $200,000
The project is to acquire property at 7860 Sinaloa to be used for transitional housing or
group housing for medically fragile homeless persons. The property consists of 4 units
with a total of 8 bedrooms.
PUBLIC SERVICES - 15% cap on percentage of award from this category estimated at
$25,541 this cycle.
CDBG regulations allow for a wide range of public service activities, including, but not
limited to: Employment services, crime prevention, child care, health services,
substance abuse services, fair housing counseling and recreational services.
ITEM NUMBER: C - 1
DATE: 01/10/12
Atascadero Community Services Foundation — Youth Activity Scholarship Fund
Funds Requested: $8,000
The Community Services Foundation has established a scholarship fund to allow the
children of low-income families to participate in recreational and social activities.
Because this program is limited to low-income families, the benefit criteria will be met.
Atascadero Loaves and Fishes — Groceries for Needy Families
Funds Requested: $15,000
Loaves and Fishes operate an emergency food pantry for very low and low-income
residents in Atascadero, Templeton, Santa Margarita, Creston and California Valley.
They are requesting funds to purchase groceries.
Big Brothers/Big Sisters — Mentoring Program
Funds Requested: $5,000
This organization is requesting funding to be used to operate their mentoring program
for children between the ages of 6 and 16. Potential volunteers are trained, interviewed
and screened, clients are interviewed and provided with safety materials and training
and are then matched with a Big Brother or Big Sister.
EI Camino Homeless Organization — Shelter Maintenance/Operation and Motel
Vouchers
Funds Requested: $12,500
ECHO provides shelter services to the homeless in Northern San Luis Obispo County,
including Santa Margarita, Atascadero, Paso Robles, San Miguel, Creston and
Shandon. In the 2011 program year, ECHO sheltered 298 individuals. The ECHO
shelter, intake process and all ancillary services are located at the First Baptist Church,
6370 Atascadero Avenue in Atascadero.
These funds would be used to pay for Shelter maintenance and operation.
Literacy Council — Atascadero Program
Funds Requested: $5,000
This organization is requesting funds to recruit and prepare volunteers as tutors. The
Literacy Council operates 14 centers throughout San Luis Obispo County. This past
fiscal year 505 tutors served 824 learners with 21,568 hours of tutoring.
North County Adaptive Sports & Recreation — Operating Funds
Funds Requested: $2,500
This organization provides supervised adaptive sports and recreation activities for
developmentally/severely disabled ages 8 and over in North San Luis Obispo County.
The CDBG funds would be used for the purchase of insurance and equipment.
ITEM NUMBER: C - 1
DATE: 01/10/12
Senior Nutrition Program of San Luis Obispo County — Hot Lunches for Seniors
Funds Requested: $10,000
The Senior Nutrition Program operates ten dining rooms throughout San Luis Obispo
County that provide hot noon time meals to seniors or delivery of meals to those that
are homebound. In fiscal year 09/10, Senior Nutrition Program provided 21,125 meals
to 221 seniors in the city of Atascadero.
Transitional Food and Shelter — Residential Care Home for Disabled in
Atascadero
Funds Requested: $3,000
Temporary, emergency shelter for county residents who are both medically fragile and
homeless, who are too ill, injured or disabled to be safely housed in an overnight
homeless shelter. The clients are housed at 5 apartments in Atascadero, 4 apartments
at the Anderson Hotel in SLO and 1 apartment in Arroyo Grande.
ECONOMIC DEVELOPMENT/ADMINISTRATION 20% cap on percentage of award
from this category estimated at $40,400 this cycle.
Economic Development is defined as acquiring, constructing, reconstructing,
rehabilitating or installing commercial or industrial buildings, structures, and other real
property equipment and improvements; assisting a private, for-profit business through
loans, grants, interest subsidies, or providing economic development services in
connection with otherwise eligible CDBG economic development activities.
Mission Community Services Corporation — Women's Business Center Program
Funds Requested: $5,000
The Women's Business Center program is established by the U.S. Small Business
Administration. The purpose of the program is to provide introductory and in-depth
entrepreneurial training to underserved women, minorities, displaced workers, veterans
and other population groups.
City of Atascadero — CDBG Program Administration
Funds Requested: $34,054
Costs associated with the administration of the Community Development Block Grant
program. Significant staff time from Administration, Public Works and Administrative
Services is required for grant administration, payment processing and coordination with
County Planning staff.
If administration costs exceed the funding allocation, remaining cost of administering
the program will need to be paid from the general fund.
ITEM NUMBER: C - 1
DATE: 01/10/12
FISCAL IMPACT:
Available funds are estimated at $170,000 for the 2012 cycle.
ALTERNATIVES:
Awards must meet program requirements, providing a minimum of 70% of funding for
benefit to low and moderate-income persons, and no more than 15% can be allocated
to the public service category.
ATTACHMENTS:
Prior Year "Public Service" Awards
NOTE: A complete packet of submitted applications is available for public review at the
City of Atascadero, 6907 EI Camino Real.
ITEM NUMBER: C - 1
DATE: 01/10/12
Attachment
PAST YEARS "PUBLIC SERVICE" AWARDS
TOTAL
PUBLIC SERVICE 2010 2011 2010 & 2011
BIG BROTHERS BIG SISTERS $ 1,624 $ - $ 1,624
COMMUNITY SERVICES FOUND. $ 2,519 $ 1,935 $ 4,454
E.C.H.O. $ 12,750 $ 12,500 $ 25,250
LITERACY COUNCIL $ 980 $ 850 $ 1,830
LOAVES AND FISHES $ 6,860 $ 10,000 $ 16,860
SENIOR NUTRITION PROGRAM OF
SLO $ 980 $ - $ 980
TRANSITIONAL FOOD AND
SHELTER $ - $ - $ -
TOTAL ALLOCATED $ 25,713 $ 25,285 $ 50,998
ITEM NUMBER: C - 2
DATE: 01/10/12
19Y8 _ � 1978 /
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Atascadero City Council
Staff Report - City Attorney's Office
Resolution Regarding Successor Agency / Successor Housing
Agency to the Dissolving Redevelopment Agency
RECOMMENDATION:
Council adopt the Draft Resolution (1) Determining the City of Atascadero Will Serve As
the Successor Agency to the Atascadero Redevelopment Agency ("Agency") and (2)
Electing that the City of Atascadero Retain the Housing Assets and Functions
Previously Held and Performed by the Agency.
DISCUSSION:
Background: On December 29, 2011, the California Supreme Court delivered its
decision in the California Redevelopment Association v. Matosantos case, finding ABx1
26 (the "Dissolution Act") largely constitutional and AB1x 27 (the "Alternative
Redevelopment Program Act") unconstitutional. The Court's bifurcated decision means
that all California redevelopment agencies, including the Redevelopment Agency of the
City of Atascadero (the "Redevelopment Agency"), will be dissolved under the
constitutional Dissolution Act, and none will have the opportunity to opt into continued
existence under the unconstitutional Alternative Redevelopment Program Act.
As a result, the Redevelopment Agency will be dissolved on February 1, 2012. The
Redevelopment Agency's non-housing funds and assets will then be turned over to a
successor agency (the "Successor Agency") charged with the responsibility of paying
off the former Redevelopment Agency's existing debts, disposing of the former
Redevelopment Agency's properties and assets to help pay off debts and return
revenues to the local government entities that receive property taxes (the "Taxing
Entities"), and winding up the affairs of the former Redevelopment Agency. The
Redevelopment Agency's affordable housing assets, other than its existing housing fund
balance, will be turned over to a successor housing agency (the "Successor Housing
Agency") to continue performing affordable housing activities. (The former
Redevelopment Agency's affordable housing fund balance will be used to repay existing
ITEM NUMBER: C - 2
DATE: 01/10/12
housing fund debts and/or remitted to the County Auditor-Controller for distribution to
the Taxing Entities.)
The Dissolution Act provides that the City of Atascadero (the "City"), as the community
that established the Redevelopment Agency, will be the Successor Agency to the
former Redevelopment Agency unless the City elects not to serve as the Successor
Agency, in which case the first other Taxing Entity making a proper election will be
designated as the Successor Agency. If the City elects not to be the Successor
Agency, it must adopt a resolution to that effect and notify the County Auditor-Controller
by not later than January 13, 2012.
If the City elects not to serve as the Successor Agency, then that role will fall to the first
local agency that elects to become the Successor Agency based on the earliest receipt
of a resolution adopted by that agency; or, if none, then the Governor shall appoint
three residents of the County to serve as the Successor Agency until a local agency
elects to become the Successor Agency.
Even if the City elects to be the Successor Agency, the City Attorney recommends that
a resolution to that effect and accompanying notice be provided to the County Auditor-
Controller in order to have a clear record of the City's intention.
The Dissolution Act also authorizes the City to elect to become the Successor Housing
Agency of the former Redevelopment Agency and to retain the housing assets (other
than any existing housing fund balance) and affordable housing functions of the former
Redevelopment Agency. If the City does not elect to become the Successor Housing
Agency, then the local Housing Authority (or if there is no local Housing Authority, the
California Department of Housing and Community Development) will become the
Successor Housing Agency.
Analysis: The Successor Agency and the Successor Housing Agency will play a key
day-to-day role in assuring that the existing obligations of the former Redevelopment
Agency are properly paid, and that the former Redevelopment Agency's properties and
other assets are disposed of in an appropriate manner.
While the Successor Agency will be overseen by an "Oversight Board" of seven
representatives selected largely by the County and various local education districts, the
staff of the Successor Agency will have a strong role in initiating and implementing
actions in a way that achieves not only the requirements of the Dissolution Act, but also
is sensitive to the long-term development needs of the City and local community, and
that protects the good name of the City in the financial markets by assuring timely
repayment of the former Redevelopment Agency's existing debts.
If the City elects not to serve in this role, the Successor Agency will be some other
Taxing Entity that is likely to have no experience in redevelopment, financial and land
disposition matters and that may not necessarily take into account the interests of the
City and local community in performing its functions. Similarly, if the City elects not to
serve as the Successor Housing Agency, then some other entity outside the City's
control will perform various affordable housing functions in the City using affordable
housing assets of the former Redevelopment Agency.
ITEM NUMBER: C - 2
DATE: 01/10/12
FISCAL IMPACT:
The Fiscal Impact of AB 1 X 26 upon the City of Atascadero is under review.
ALTERNATIVES:
The City Council can decide not to adopt the Resolution. In such event, the Successor
Agency to the Atascadero Redevelopment Agency will be the first taxing entity
submitting to the County Auditor-Controller a duly adopted resolution electing to
become the Successor Agency.
ATTACHMENTS:
1. Resolution of the City Council of the City of Atascadero (1) Determining the City
of Atascadero Will Serve As the Successor Agency to the Atascadero
Redevelopment Agency ("Agency") and (2) Electing that the City of Atascadero
Retain the Housing Assets and Functions Previously Held and Performed by the
Agency.
2. Cover Letter to County Auditor-Controller
ITEM NUMBER: C - 2
DATE: 01/10/12
Attachment 1
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO (1) DETERMINING THE CITY OF ATASCADERO
WILL SERVE AS THE SUCCESSOR AGENCY TO THE
ATASCADERO REDEVELOPMENT AGENCY ("AGENCY"); AND,
(2) ELECTING THAT THE CITY OF ATASCADERO RETAIN THE
HOUSING ASSETS AND FUNCTIONS PREVIOUSLY HELD AND
PERFORMED BY THE AGENCY
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Sections 33000, et seq.) ("CRL"), the City Council ("City Council") of the City of
Atascadero ("City") created the Atascadero Redevelopment Agency ("Agency") to serve as the
redevelopment agency within the City; and,
WHEREAS, in connection with approval and adoption of the State Budget for Fiscal
Year 2011-12, the California Legislature approved and the Governor signed (i) AB 1X 26 (Stats.
2011, chap. 5, "AB 1X 26"), which immediately, and purportedly retroactively, suspended all
otherwise legal redevelopment activities and incurrence of indebtedness, and provided for
dissolution of California's redevelopment agencies effective October 1, 2011 (the "Dissolution
Act"); and (ii)AB 1X 27 (Stats. 2011, chap. 6, "AB 1X 27"), which allowed a local community
to avoid the consequences of the Dissolution Act and continue its redevelopment agency if the
community enacted an ordinance agreeing to comply with the alternative voluntary
redevelopment program described in Section 2 of AB 1X 27 adding Part 1.9 (commencing with
section 34192) of Division 24 of the Health and Safety Code; and,
WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the State
of California on July 18, 2011 (California Redevelopment Association, et al. v. Ana Matosantos,
et al., Case No. 5194861), challenging the constitutionality of AB 1X 26 and AB 1X 27 on
behalf of cities, counties and redevelopment agencies and requesting a stay of enforcement; and,
WHEREAS, in a decision filed on December 29, 2011, the Supreme Court found the
dissolution of redevelopment agencies effected by AB 1X 26 to be a proper exercise of the
legislative power vested in the Legislature by the State Constitution and the provisions of AB 1X
27 allowing communities to save their redevelopment agencies if they made the "voluntary"
remittance payments under AB 1X 27 to violate Proposition 22, thus upholding the
constitutionality of AB 1X 26 and holding AB 1X 27 unconstitutional; and,
WHEREAS, the Supreme Court extended the timeframes set forth in AB 1X 26 for,
among other things, determining whether a city desires to serve as a successor entity until
January 13, 2012 and the dissolution of redevelopment agencies until February 1, 2012; and,
ITEM NUMBER: C - 2
DATE: 01/10/12
Attachment 1
WHEREAS, Health and Safety Code Section 341710) defines the "successor agency" as
the "county, city, or city and county that authorized the creation of each redevelopment agency,"
unless such entity elects not to serve as a successor agency under Section 34173(d) ("Successor
Agency"); and,
WHEREAS, Health and Safety Code Section 34177 tasks each successor agency with
the responsibility, among other things, for winding down the dissolved redevelopment agency's
affairs, continuing to meet the former redevelopment agency's enforceable obligations,
overseeing completion of redevelopment projects and disposing of the assets and properties of
the former redevelopment agency, all as directed by an oversight board; and,
WHEREAS, if a city opts out of serving as the successor agency by passing and filing a
resolution to that effect with the county auditor-controller, Health and Safety Code Section
34173(d) provides that another local agency may elect to serve as the successor agency, or in the
event no other local agency so elects, the Governor will appoint a successor agency to be
comprised of three residents of the county; and,
WHEREAS, the City desires to serve as the successor agency to the Agency; and,
WHEREAS, Health and Safety Code Section 34176(a) gives the city that authorized
creation of a redevelopment agency the option of retaining the agency's housing assets and
functions, excluding amounts on deposit in the Low and Moderate Income Housing Fund; and,
WHEREAS, as allowed under AB 1X 26, the City desires to retain the Agency's housing
assets and functions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES
HEREBY RESOLVE AS FOLLOWS:
1. In accordance with Health and Safety Code Section 34170 et.seq. including, but not
limited to, Health and Safety Code Section 341710), the City Council hereby determines that the
City shall serve as the Successor Agency to the Agency; and,
2. In accordance with Health and Safety Code Section 34170 et.seq. including,but not
limited to, Health and Safety Code Section 34176, the City Council elects that the City shall
retain the housing assets and functions previously performed by the Agency; and,
3. The City Council hereby further authorizes and directs the City Manager to take all
actions and execute all documents as necessary or appropriate to implement this Resolution; and,
4. This Resolution shall take effect immediately upon adoption.
ITEM NUMBER: C - 2
DATE: 01/10/12
Attachment 1
On motion by Council Member and seconded by Council Member_
the foregoing Resolution is hereby adopted in its entirety on the following roll
call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By:
Bob Kelley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
ITEM NUMBER: C - 2
DATE: 01/10/12
Attachment 2
[City of Atascadero Letterhead]
January 13, 2012 Via Electronic Mail and U.S. Mail
Gere Sibbach, Auditor/ Controller
Office of the San Luis Obispo County Auditor-Controller
Room D220, County Government Center
San Luis Obispo, CA 93408
Subject: Notification Regarding Successor Agency for the Redevelopment Agency of the City
of Atascadero
Dear Mr. Sibbach:
This letter serves as the formal notification that the City of Atascadero (the "City") has adopted
Resolution No. , on January 10, 2012 (the "Resolution"), to accept the designation, and to
declare its intent, to serve as the "successor agency" for the Redevelopment Agency of the City
of Atascadero (the "Agency") in accordance with Health & Safety Code Section 34171 Q) and
Health & Safety Code Section 34173. In addition, pursuant to the Resolution, the City has
elected to retain the housing assets and functions previously performed by the Agency in
accordance with Health & Safety Code Section 34176. A copy of the Resolution is attached to
this letter.
Thank you for your attention to this matter. Should you have any questions, please contact
at ( ) or [insert e-mail address].
Sincerely,
(Printed Name, Title)