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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 F1_ ®R F-,l o� 1915 R NOD --- C� ------ 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, e' } 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 .."7777,fn; r 17: r ) 9 r r F r . is7s'r 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 0t0 r 5 Parking 8525 / � Spaces d 4. . 2 Parking Spaces NA (e1 - 3 Parking i Spaces r mmomar- 7= A a 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: Ift r 41 _ r DA01/10/12 OutdoorAttachment 4 how Gated poolside landscaping,seating,and recreation area: 4�M.if 11 ITEM NUMBER: B - 1 DATE: 01/10/12 Attachment 4 ATTACHMENT 4: Site Plan (7 zo O O Y C_ � N O 0 o clS �o _ LO N N C � O U 0 N N O) O V)N U O(p O 0 0) 0 N 0 C4 D C) <(,4 n N U I 0,M (Di O L O'd. U O C� O O -000 >0— Nay C LO U D O DN 2 Lo 0 0'0- 0)IL cn cn ITEM NUMBER: B - 1 DATE: 01/10/12 Attachment 4 ATTACHMENTS: Proposed Floor Plan RECEIVED M OCT 1 3 2011 - 'COMMUNITY OEVELOPMEH < < o s U N O 0 N d N C � N � N O U O_ Proposed new bedrooms j O (conversion of"common area") �* 0 C D N U Oi M D 0 E Q s r N 0 0 � c A CN CN UJ �' o LL r 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 0.4+ 4 CE:CMEnFw FQ Mal WW'.Wldenater C¢igmcy FM CA CMAt-W Final Nbp 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 i ag E • O O Q O � Ckll1 �i in O z o. QI N LO N C ml � O U N C14 R UCr.- N O(C) O 0 O) N f7 00 O U(Lr) CD y0� O Ooou �O QN2(� R .cod- oo � O C Lf7 O O CJ —O OO 06 LL U- >0 N N CLn U O O O Nit) P 7 0 �LTd Ln Ln � r ITEM NUMBER: B - 1 DATE: 01/10/12 Attachment 4 EXHIBIT C:Floor Plan h RECEIVED n OCT 1 3 2011 1COMMUNITY DEVELOPMENT A � w M ,p� L r 0 o o N a CN C M W Q o � U a Proposed new bedrooms a L7 (conversion of"common area") o N U 0) V) D 0 E a C: - U < s N 0 0 � c_ a C-)D W A N t z Ln r ED r m ITEM NUMBER: B - 1 DATE: 01/10/12 Attachment 4 EXHIBIT D:Parking Area _. 5 Parking Spaces EQS 2 Parking ' Spaces -� ki 3 Parking Spaces • 1 V a 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 VED l ''L'\j y NOV 201� 00MMU ITy DEVE Of mpff•( 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 0 E C t Yd1 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 r 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 i I i Z ��31fi0�526 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 EXHIBIT B:Site Plan f H - _ 0 � r m D 6 N 0 O D N _. z Zs 0 Q A U e n JDI CjD i N ' LO_ N CV o (n D (n U) U O Cp O 0 C3) M0 D UN N aj � Dp O 0 QCV=CD .r, CV N N U I u Q� N D It D D UCLO00 U —000 D Dili L� N 4) N L CLo U D D DCV Lno CT 0- 0)CL Cn Cf) ITEM NUMBER: B - 1 DATE: 01/10/12 Attachment 9 EXHIBIT C: Floor Plan RECEIVED o _ COMMUNITY DEVELOPMENTI < � A 0 o7 U r 0 a O N a N C � N � cn Q o U Proposed new bedrooms a- L- o (conversion of 'common area') o a- D � C D N U D D E Q C C0 � D D � C Q D o L Lj Ur A ZO Ln ;r o [DiD r Ln r � � r 0 0 AW- 0 A ip ITEM NUMBER: B - 1 DATE: 01/10/12 Attachment 9 EXHIBIT D: Parking Area r � a- !t; 5 Parking Spaces 711/ 2 Parking Spaces s �9 • 3 Parking " Spaces a 1 '� r 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 i9is m 1979 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 / AV l \AT�5� 11/ 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)