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HomeMy WebLinkAboutAgenda Packet 09/13/2005 19$ all 0 9 CITY OF A TA SCADERO CITY COUNCIL AGENDA Tuesday, September 13, 2005 7:00 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately Following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION 2. CALL TO ORDER a) Conference with Labor Negotiator (Govt. Code Sec. 54957.6) Agency Negotiators: City Manager, Assistant City Manager Employee Organization: Service Employees Intl. Union Local 620 3. ADJOURN 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Luna 1 ROLL CALL: Mayor Scalise Mayor Pro Tem O'Malley Council Member Clay Council Member Luna Council Member Pacas 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 five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call 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.) PRESENTATIONS: 1. Proclamation for National Preparedness Month — September 2005 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.) 1. City Council Meeting Minutes — August 9, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of August 9, 2005. [City Clerk] 2. June 2005 Accounts Payable and Payroll ■ Fiscal Impact: $1,771,206.89. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for June 2005. [Administrative Services] 2 3. June 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for June 2005. [City Treasurer] 4. Adoption of Title 5, Chapter 12, Film Ordinance & Resolution Establishing Rules, Regulations and Fees ■ Fiscal Impact: Unknown. ■ Recommendations: Council: 1. Adopt on second reading, by title only, the Draft Film Ordinance, thereby amending Atascadero Municipal Code Title 5 to add Chapter 12; and, 2. Adopt the Draft Resolution establishing rules, regulations, and fees for motion picture and television productions. [City Manager] 5. 1155 EI Camino Real Custom Planned Development 26: The Village at Oakhaven (Zone Change 2005-0099)(Wehn Group, LLC) ■ Fiscal Impact: There will be minor negative impact, the project will be required to cover most of the costs of development with the conditions included. ■ Recommendations: Council: 1. Adopt on second reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0099 establishing a Planned Development 26 Overlay District based on findings; and, 2. Council adopt on second reading, by title only, Draft Ordinance B approving Zone Change 2005-0101 based on findings. [Community Development] 6. Supplemental Law Enforcement Services Fund ■ Fiscal Impact: All costs are paid for by SLESF grant funds and do not affect the General Fund. ■ Recommendation: Council designate 2005/2006 Supplemental Law Enforcement Services Fund (SLESF) monies for equipment improvements and other frontline Police services. [Police] 7. Annual Pavement Marking Services Award ■ Fiscal Impact: $64,736.92 in previously allocated funds. • Recommendation: Council authorize City Manager to execute a contract with Safety Striping, in the amount of $64,736.92, for annual painting of traffic control pavement markings. [Public Works] 8. Final Map 2005-0106 (Parcel Map AT 04-0374) 5740 Rosario Avenue (TPM 2004-0063)(Malcom) • Fiscal Impact: None. • Recommendations: Council: 1. Accept Final Parcel Map 2005-0106 (Parcel Map AT 04-0374); and, 2. Accept offer of dedication for Public Access Easement and Public Utility Easement. [Public Works] 3 9. Final Map 2005-0108 (Parcel Map AT 04-0343) 7685 Sinaloa (TPM 2004- 0064)(Eddings) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Parcel Map 2005-0108 (Parcel Map AT 04-0343); and, 2. Reject the offer of dedication for Public Access Easement and Public Utility Easement without prejudice to future acceptance. [Public Works] 10.Final Map 2005-0115 (Parcel Map ATAL 04-0250) Morro Road (LLA 2004- 0065)(Moresco Properties LLC) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Parcel Map 2005-0115 (Parcel Map ATAL 04-0250); and, 2. Reject the offer of dedication for Public Access Easement and Public Utility Easement without prejudice to future acceptance; and, 3. Relinquish temporary construction easements per deeds recorded July 18, 1997 as Instrument No. 97-037569 and Instrument No. 97-037570. [Public Works] 11.Final Map 2005-0111 (Tract 2657) N. Ferrocarril Road (TTM 2004- 0056)(Gearhart) ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Final Tract Map 2005-0111 (Tract 2657); and, 2. Reject the offer of dedication for Public Utility Easement without prejudice to future acceptance. [Public Works] 12. Request to Place a Memorial Bench at Atascadero Lake Park (Wikoff) ■ Fiscal Impact: None. ■ Recommendation: Council approve a request by Caroline Wikoff to install a Memorial Bench at Atascadero Lake Park in honor of her daughter, Jessica Wikoff. [Community Services] B. PUBLIC HEARING: 1. Title 9 Planning and Zoning Text Amendment (ZCH 2005-0100)(City of Atascadero ■ Fiscal Impact: Revenue neutral to the City. ■ Recommendations: Planning Commission Recommends: Council: 1. Adopt Resolution A certifying Proposed Negative Declaration 2005- 0043; and, 2. Introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2004-0100 establishing development standards for fence height, lot line adjustments affecting flag lots, and landscape requirements. [Community Development] 4 2. TEFRA Hearing — Housing Authority Request for Permission to Increase the Bonding Amount for the Senior Housing Project at 9705 EI Camino Real ■ Fiscal Impact: None. ■ Recommendation: Council adopt the Draft Resolution allowing the Housing Authority of the City of San Luis Obispo to issue additional tax- exempt bonds to assist in financing their Atascadero Senior Apartment Project. [City Manager] C. MANAGEMENT: 1. City Council Strategic Initiative — Improve the City's Financial Condition — Community Education Program and Report on Survey Results ■ Fiscal Impact: An additional $60,000 appropriation. Sales tax collection in FY 04-05 is expected to be $3,600,000. A '/a cent increase would yield the City an additional $900,000 in revenues, and a 1/2 cent increase would yield $1,800,000. ■ Recommendations: Council: 1 . Direct staff to continue with public education efforts; and, 2. Appropriate an additional $60,000 from the General Fund Reserve to fund public education initiatives; and, 3. Authorize the City Manager to enter into an agreement with the Lew Edwards Group for a public information program. [City Manager] D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Scalise 1. County Mayor's Round Table 2. Atascadero State Hospital Advisory Board 3. Local Agency Formation Commissions (LAFCO) Mayor Pro Tem O'Malley 1. Finance Committee 2. Air Pollution Control District (APCD) 3. Economic Vitality Corporation, Board of Directors (EVC) 4. League of California Cities — Grassroots Network 5. City/ Schools Committee 6. Economic Opportunity Commission (EOC) Council Member Clay 1. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 2. Nacimiento Water Purveyors Contract Technical Advisory Group 3. North County Water Purveyors Group 5 Council Member Luna 1. SLO Council of Governments (SLOCOG) / S.L.O. Regional Transit Authority (SLORTA) 2. Finance Committee Council Member Pacas 1. Integrated Waste Management Authority (IWMA) 2. City/ Schools Committee 3. Atascadero Youth Task Force E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Shannon Sims, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the September 13, 2005 Regular Session of the Atascadero City Council was posted on September 7, 2005 at the Atascadero City Hall Annex, 6905 EI Camino Real, Suite 6, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 7th day of Septemb 2005 at Atascadero, California. 'Jul mm Shannon Sims, Deputy City Clerk City of Atascadero 6 City of Atascadero WELCOME TO THE ATASCA DERO CITY COUNCIL MEETING e City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the Atascadero Pavilion on the Lake, 9315 Pismo St., Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall Annex business hours at the Central Receptionist counter 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) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS 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 podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement • All comments should be made to the Mayor and Council • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present • All comments limited to 5 minutes (unless changed by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). O HAVE ITEMS PLACED ON AGENDA business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council eeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. 7 ITEM NUMBER: A- 1 DATE: 09/13/05 TIN w ■ �9 979 CITY OF A TA SCA DERO CITY COUNCIL DRAFT MINUTES Tuesday, August 9, 2005 7:00 P.M. REGULAR SESSION: 7:00 P.M. Mayor Scalise called the meeting to order at 7:04 p.m. and Council Member Pacas led the Pledge of Allegiance. ROLL CALL: Present: Council Members Pacas O'Malley Y and Mayor Scalise Absent: Council Members Clay and Luna Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Community Development Director Warren Frace, Public Works Director Steve Kahn, Police Chief John Couch, Fire Chief Kurt Stone, Accounting Specialist Jeri Knott, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, Deputy Executive Director of Redevelopment Marty , Tracey, Associate Planner Kelly Gleason and City Attorney Patrick Enright. COMMUNITY FORUM: Pastor Tom Gaddis led those present in prayer. Ann Ketcherside spoke about several issues affecting children in the community and of • a conflict of interest she thinks is occurring in Atascadero. CC Draft Minutes 08/09/05 Page 1 of 13 8 Eileen Allen, Colony Days Parade Chairman, stated that her committee has met with city staff and expressed their appreciation for the city's assistance. Mayor Scalise closed the Community Forum period. APPROVAL OF AGENDA: Mayor Scalise announced that Item #C-1 had been pulled from the agenda. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Pacas to approve the agenda as amended. Motion passed 3:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Pro Tem O'Malley commented on calls he received about the Rotunda being converted into a homeless shelter and stated there were no plans to use the Rotunda in this way. He asked staff for an update on the Youth Center. City Manager Wade McKinney explained the proposed timeline for development of the Youth Center. Council Member Pacas asked for an update on the aeration of Atascadero Lake. City • Manager Wade McKinney reported on the current status of the Lake. PRESENTATIONS: 1. Presentation of funds to the Human Service Grants recipients. Mayor Scalise announced the recipients of this year's Human Services Grants. The following people thanked the Council for their organization's grant: ■ David Kilburn, Aids Support Network • Jay Janeson, American Red Cross • Diane Schneider, Assistance League • Phil Goldman, Court Appointed Special Advocates for Abused and Abandoned Children • Scott Williams, Atascadero BMX • Susan Warren, North County Connection ■ Chris Aho Hospice of San-Luis Obispo County y ■ Eileen Allen, North County Women's Shelter • Angie King, Senior Legal Services Project • Jim Burke, Senior Nutrition Program • Rich Wood, Atascadero Loaves and Fishes ■ Betty McGraw, Transitions Mental Health Association CC Draft Minutes 08/09/05 Page 2 of 13 9 Mayor Scalise recessed the hearing at 7:24 p.m. d them Mayor Scalise called t 7:27 .m. y meeting back to order a p A. CONSENT CALENDAR: 1. City Council Meeting Minutes — June 14, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of June 14, 2005. [City Clerk] 2. City Council Meeting Minutes — June 28, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of June 28, 2005. [City Clerk] 3. _City Council Meeting Minutes — July 12, 2005 ■ City Clerk Recommendation: Council approve the City Council meeting minutes of July 12, 2005. [City Clerk] 4. May 2005 Accounts Payable and Payroll ■ Fiscal Impact: $1,504,775.97. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for May 2005. [Administrative Services] 5. May 2005 Treasurer's Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for May 2005. [City Treasurer] 6. Design Services - ■ Fiscal Impact: Specific costs are unknown. ■ Recommendation: Council authorize the City Manager to execute a contract for architecture and miscellaneous engineering services with BFGC Architecture for City projects including the temporary City Hall, Youth Center and Corporation Yard. [City Manager] 7. Memorandum of Understanding for the Mid-Managers and Professional Employees Bargaining Unit ■ Fiscal Impact: 4% of salary in 2005-2006 fiscal year and 3% of salary in 2006-2007 fiscal year. ■ Recommendation: Council approve Memorandum of Understanding for the Mid-Managers and Professional Employees Bargaining Unit. [City Manager] CC Draft Minutes 08/09/05 Page 3 of 13 10 8. Police Vehicle Purchase ■ Fiscal Impact: $67,662.12, inclusive of applicable sales tax and California tire fee. Funds are provided in the 2005/2006 City budget. ■ Recommendation: Council authorize the purchase of three (3) replacement police vehicles from Villa Ford in Orange, California. [Police] 9. Annual Street Striping Award ■ Fiscal Impact: Expenditure of $ 32,303.10 in previously allocated funds in the 2005//2006 budget. ■ Recommendation: Council authorize the City Manager to execute a contract with Central Coast Striping in the amount of $32,303.10 for annual street striping. [Public Works] 10.Drainage Engineering Services ■ Fiscal Impact: The cost of drainage engineering service is billed directly to a capital project or to the drainage project capital account. ■ Recommendation: Council authorize the City Manager to enter into ongoing contracts for contract engineering services with firms on the "Drainage Engineering Services Qualified Firm List". [Public Works] 11.La Linea Avenue Rehabilitation (City Bid No. 2004-011) ■ Fiscal Impact: $30,000.00. ■ Recommendation: Council authorize the City Manager to execute a contract change order with R. Burke Construction for $30,000, for the La Linia Avenue Rehabilitation Project. [Public Works] 12.Professional Design Services for a Traffic Signal at San Gabriel Road and Morro Road ■ Fiscal Impact: Total expenditure of $35,050.00. ■ Recommendation: Council authorize the City Manager to execute an agreement with Associated Transportation Engineers to design a traffic signal at San Gabriel Road and Morro Road intersection with a maximum design expenditure of $35,050.00. [Public Works] 13.Annex II interior Improvement Project- Interior Painting ■ Fiscal Impact: Expenditure of $149,760.00. ■ Recommendations: Council: 1. Authorize the City Manager to execute a contract with Santa Margarita Construction in the amount of $124,800.00 for the Interior Painting improvements; and, 2. Authorize the Director of Administrative Services to allocate $149,760.00 toward the completion of the Interior Painting Project. [Public Works] CC Draft Minutes 08/09/05 Page 4 of 13 14. Annex 11 Interior Improvement Project — Cabinetry and Counters ■ Fiscal Impact: Expenditure of $164,400.00. • Recommendations: Council: 1. Authorize the City Manager to execute a contract with Wysong Construction in the amount of $137,000.00 for the Interior improvements (Cabinetry and Counters); and, 2. Authorizes the Director of Administrative Services to allocate $164,400.00 toward the completion of the Interior Improvements Project. [Public Works] 15. Disadvantaged Business Enterprise (DBE) Goal Fiscal Impact: Staff time to monitor DBE Program. ■ Recommendation: Council adopt Disadvantaged Business Enterprise (DBE) participation goal [Public Works] 16. Notice of Completion / Manhole Replacement Project ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept Raminha Constructions work as complete; and, 2. Authorize the City Manager to sign and file the Notice of Completion. [Public Works] 17. Bench Style and Designation for the Sunken Gardens Enhancement Proiect ■ Fiscal Impact: None. ■ Recommendation: Parks and Recreation Commission recommends Council approve the recommended alternate bench style for the Sunken Gardens project and designate the bench sites identified on the Sunken Gardens Conceptual Plan for sponsorship opportunities. [Public Works] 18. Colony Days Parade Route Road Closure ■ Fiscal Impact: None. ■ Recommendation: Council approve Draft Resolution authorizing the closure of El Camino Real from Curbaril to Traffic Way on Saturday, October 15, 2005 from 9:00 a.m. until 12:30 p.m.; Palma from East Mall to West Mall from 8:00 a.m. Friday October 14, 2005 to noon Monday October 17, 2005; West Mall from EI Camino Real to Palma on Saturday October 15, 2005 from 8:00 a.m. to 5:00 p.m.; East Mall from EI Camino Real to Palma on Saturday October 15, 2005 at 8:00 a.m. to Sunday at 5:00 p.m. [Community Services] CC Draft Minutes 08/09/05 Page 5 of 13 12 MOTION: By Mayor Pro Tem O'Malley and seconded by Mayor Scalise to approve Items #A-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18. Motion passed 3:0 by a roll-call vote. (Pacas abstained on Items #A-6, 13 and 14 stating she is employed within 500 feet of the projects involved) (Item #A-6 Contact No. 2005-030, Item #A-7 MOU No. 2005-031, Item #A-9 Contract No. 2005-032, Item #A-12 Contract No. 2005-033, Item #A-13 Contract No. 2005- 034, Item #A-14 Contract No. 2005-035, Item #A-18 Resolution No. 2005-068) B. PUBLIC HEARING: 1. De Anza Estates Assessment Districts ■ Fiscal Impact: There is no fiscal impact to general residents within the City. ■ Recommendations: Council: 1. Adopt Draft Resolution A, declaring the results of the property owner protest ballot proceeding for Street and Storm Drain Maintenance District No. 03 (De Anza Estates) and approving certain related actions; and, 2. Adopt Draft Resolution B amending and/or approving the Engineer's Report regarding the formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto, commencing in fiscal year 2005/2006; and, 3. Adopt Draft Resolution C confirming the formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006; and, 4. Adopt Draft Resolution D declaring the results of the property owner protest ballot proceeding for Landscaping and Lighting District No. 03 (De Anza Estates) and approving certain related actions; and, 5. Adopt Draft Resolution E amending and/or approving the Engineer's Report regarding the formation of Landscaping and Lighting District No. 03 (De Anza Estates); and the levy and collection of annual assessments related thereto commencing in fiscal year 2005/2006; and, 6. Adopt Draft Resolution F confirming the formation of Landscaping and Lighting District No. 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006. [Administrative Services] Accounting Specialist Jeri Knott gave the staff report and answered questions of Council CC Draft Minutes 08/09/05 Page 6 of 13 13 PUBLIC COMMENT — None City Clerk Marcia McClure Torgerson counted the ballots and reported the results as follows: Resolution A — with all ballots turned in Yes - $34,421.04, No— 0 Resolution D - with all ballots turned in Yes - $55,636.16, No— 0 MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Pacas to adopt Draft Resolution A, declaring the results of the property owner protest ballot proceeding for Street and Storm Drain Maintenance District No. 03 (De Anza Estates) as Yes - $34,421.04, No — 0, and approving certain related actions; and, adopt Draft Resolution B amending and/or approving the Engineer's Report regarding the formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates), and the levy and collection of annual assessments related thereto, commencing in fiscal year 2005/2006; and, adopt Draft Resolution C confirming the formation of Street and Storm Drain Maintenance District No. 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006; and, adopt Draft Resolution D declaring the results of the property owner protest ballot proceeding for Landscaping and Lighting District No. 03 (De Anza Estates) as Yes - $55,636.16, No — 0, and approving certain related actions; and, adopt Draft Resolution E amending and/or approving the Engineer's Report regarding the formation of Landscaping and Lighting District No. 03 (De Anza Estates); and the levy and collection of annual assessments related thereto commencing in fiscal year 2005/2006; and, adopt Draft Resolution F confirming the formation of Landscaping and Lighting District No. 03 (De Anza Estates) and ordering the levy and collection of assessments for fiscal year 2005/2006. Motion passed 3:0 by a roll-call vote. (Resolution Nos. 2005- 069, 2005-070, 2005-071, 2005-072, 2005-073 and 2005-074) CC Draft Minutes 08/09/05 Page 7 of 13 14 2. Draft Film Ordinance and Resolution Establishing Rules, Regulations and Fees ■ Fiscal Impact: Unknown. ■ Recommendations: Council: 1 . Introduce for first reading, by title only, Draft Film Ordinance, thereby amending Atascadero Municipal Code Title 5 to add Chapter 12; and, 2. Adopt the Draft Resolution establishing rules, regulations, and fees for motion picture and television productions. [City Manager] City Manager Wade McKinney gave the staff report and with Deputy Executive Director of Redevelopment Marty Tracey answered questions of Council. PUBLIC COMMENT Baxter Boyington, San Luis Obispo County Visitors and Conference Bureau and Film Commission thanked the Council for this ordinance and expressed concern regarding several provisions. He suggested adding under the news exemption the words, "spontaneous breaking news." Mr. Boyington answered questions of Council Mayor Scalise closed the Public Comment period. MOTION: By Council Member Pacas and seconded by Mayor Pro Tem O'Malley to Introduce for first reading, by title only, Draft Film Ordinance, thereby amending Atascadero Municipal Code Title 5 to add Chapter 12, with the following amendment: Section 4.02 No. 1 to read: News Media: The provisions of this Ordinance shall not apply to or affect reporters, photographers or cameramen in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting of spontaneous breaking news events concerning those persons, scenes or occurrences which are in the news and of general public interest. Motion passed 3:0 by a roll-call vote. 3. Title 9 Planning and Zonina Text Amendment (Zone Change 2005- 0100)(City of Atascadero) ■ Fiscal Impact: Revenue neutral to the City. ■ Recommendations: Planning Commission recommends: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0043; and, 2. Introduce for first reading by title only, Draft Ordinance A approving Zone Text Change 2004-0100 establishing development standards for fence height, lot line adjustments affecting flag lots, and landscape requirements. [Community Development] CC Draft Minutes 08/09/05 Page 8 of 13 15 Community Development Director Warren Frace gave the staff report and answered questions of Council Council Member Pacas expressed concern about the setbacks for taller fences, and visibility coming out of a driveway. PUBLIC COMMENT— None Director Frace suggested staff could add a section about maintaining clear vision triangles at corners, and set up a standard for those triangles. There was Council consensus to continue this item. 4. 1155 EI Camino Real Custom Planned Development 26: The Villacle at Oakhaven (Zone Change 2005-0099/CUP 2005-0157/77M 2005- 0067)(Wehn Group, LLC) ■ Fiscal Impact: There will be minor negative impact, the project will be required to cover most of the costs of development with the conditions included. ■ Recommendations: Planning Commission recommends: Council: 1. Adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0028; and, 2. Introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0099 establishing a Planned Development 26 Overlay District based on findings; and, 3. Introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2005-0101 based on findings; and, 4. Adopt Resolution B approving Conditional Use Permit 2005-0157 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt Resolution C approving Vesting Tentative Tract Map 2005-0067 based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council. PUBLIC COMMENT Mike Bertachini, EDA Design Professionals, applicant's civil engineer, spoke about the project and answered questions of Council Mayor Scalise closed the Public Comment period. CC Draft Minutes 08/09/05 Page 9 of 13 16 MOTION: By Mayor Pro Tem O'Malley to adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0028; and, introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0099 establishing a Planned Development 26 Overlay District based on findings; and, introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2005-0101 based on findings; and, adopt Resolution B approving Conditional Use Permit 2005-0157 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution C approving Vesting Tentative Tract Map 2005-0067 based on findings and subject to Conditions of Approval and Mitigation Monitoring. Motion failed for lack of a second. Council Member Pacas stated she could support the motion with staff's recommendation that the three story unit near the single family residential neighborhood become a two story unit. MOTION: By Council Member Pacas and seconded by Mayor Scalise to adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0028; and, introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005- 0099 establishing a Planned Development 26 Overlay District based on findings; and, introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2005-0101 based on findings; and, adopt Resolution B approving Conditional Use Permit 2005-0157 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution C approving Vesting Tentative Tract Map 2005-0067 based on findings and subject to Conditions of Approval and Mitigation Monitoring and with the change recommended by staff that the three story unit on the back of the lot next to the single family residential be changed to a two story unit. Motion failed 2:1 by a roll-call vote. (O'Malley opposed) PUBLIC COMMENT Mike Bertachini explained why the applicant would like to keep the unit in question at three stories. Chip Tamagni, applicant's arborist, addressed the issue of landscape buffering for the three story unit and suggested the addition of fast growing trees for screening. CC Draft Minutes 08/09/05 Page 10 of 13 17 Mayor Scalise closed the Public Comment period. MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member Pacas to adopt Resolution A certifying Proposed Mitigated Negative Declaration 2005-0028; and, introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0099 establishing a Planned Development 26 Overlay District based on findings; and, introduce for first reading, by title only, Draft Ordinance B approving Zone Change 2005-0101 based on findings; and, adopt Resolution B approving Conditional Use Permit 2005-0157 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution C approving Vesting Tentative Tract Map 2005-0067 based on findings and subject to Conditions of Approval and Mitigation Monitoring, with the addition of two fast growing trees as approved by staff and the landscape design of the project. Motion passed 3:0 by a roll-call vote. (Resolution Nos. 2005- 075, 2005-076 and 2005-077) 5. Confirming the Cost of Vegetative Growth and/or Refuse Abatement ■ Fiscal Impact: No direct fiscal impact. ■ Recommendation: Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire Department] Fire Chief Kurt Stone gave the staff report. PUBLIC COMMENT- None MOTION: By Council Member Pacas and seconded by Mayor Pro Tem O'Malley to adopt the Draft Resolution, confirming the cost of vegetative growth and/or refuse abatement. Motion passed 3:0 by a roll-call vote. (Resolution No. 2005-078) C. MANAGEMENT: 1. Options for Service to Multi-Story Buildings ■ Fiscal Impact: None. ■ Recommendations: Council: " 1. Direct staff to research funding options and bring back an implementation proposal for Council to consider; and, 2. Direct staff to investigate a potential cooperative relationship with Paso Robles. [Fire] CC Draft Minutes 08/09/05 Page 11 of 13 18 This item wasP ulled from the agenda. 2. East Mall Parking and Circulation Changes ■ Fiscal Impact: Less than $3,000.00 of the Sunken Gardens Project Contingency Budget. ■ Recommendation: Council approve making East Mall one way from EI Camino Real to Palma Ave and add angled parking along the Sunken Gardens. [Public Works] Council Member Pacas stepped down from consideration of this item stating she works within 500 feet of the possible location of the project. Public Works Director Steve Kahn gave the staff report and answered questions of Council PUBLIC COMMENT Joanne Main spoke in support of the staff recommendation. Mayor Scalise closed the Public Comment period. MOTION: By Mayor Pro Tem O'Malley and seconded by Mayor Scalise to approve making East Mall one way from EI Camino Real to Palma Ave and add angled parking along the Sunken Gardens. Motion passed 2:0 by a voice vote. (Pacas abstained) Council Member Pacas rejoined the meeting. 3. League of California Cities Voting Delegate ■ Fiscal Impact: None. ■ Recommendation: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities' Annual Conference in October 2005, and direct the City Clerk to inform the League of the designation. [City Clerk] Mayor Scalise nominated Mayor Pro Tem O'Malley as designate and Council Member Pacas as the alternate. Mayor Pro Tem O'Malley and Council Member Pacas accepted the positions. CC Draft Minutes 08/09/05 Page 12 of 13 19 D. COMMITTEE & LIAISON REPORTS: Mayor Scalise 1. Atascadero State Hospital Advisory Board: updated Council on the transportation of Sexually Violent Predators from the State Hospital to Coalinga. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager City Manager Wade McKinney reported on the September 10th all day Strategic Planning session, and the Channel Counties Division of the League of California Cities golf tournament and dinner on Friday August 26th F. ADJOURNMENT: Mayor Scalise adjourned the meeting at 8:47 p.m. to the next regularly scheduled meeting of the City Council on September 13, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk CC Draft Minutes 08/09/05 Page 13 of 13 20 ITEM NUMBER: A - 2 ® DATE: 09/13/05 1918 18 _ Atascadero City Council Staff'Report - Administrative Services Department June 2005 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for June 2005. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 6/2/05 Checks# 21206 -21274 $ 62,807.57 Direct Deposits 153,362.08 Dated 6/16/05 Checks # 21275 - 21340 61,053.48 0 Direct Deposits 152,552.63 Dated 6/30/05 Checks#21341 - 21409 64,409.13 Direct Deposits 158,237.07 Accounts Payable Dated 6/1/05 - 6/30/05 Checks # 100407 - 100801 & EFTs 349- 355 1,118,784.93 TOTAL AMOUNT $ 1,771,206.89 FISCAL IMPACT: Total expenditures for all funds is $ 1,771,206.89 CERTIFICATION: The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands 4 ;P � Rache le Rickard, Director of Admirnstrative Services ATTACHMENT: • June 2005 Eden Warrant Register in the amount of $ 1,118,784.93 21 City of Atascadero Disbursement Listine For the Month of June 2005 Check Check Number Date Vendor Description Amount 355 6/3/2005 MID-STATE BANK Accounts Payable Check 247.08 100407 6/3/2005 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 540.00 100408 6/3/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 100409 6/3/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 388.16 100410 6/3/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 100411 6/3/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 7,770.79 100412 6/3/2005 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,051.51 100413 6/3/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,366.92 100414 6/3/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 868.46 100415 6/3/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 100416 6/3/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 808.11 100417 6/3/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.19 100418 6/3/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 56,277.00 100419 6/3/2005 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 681.67 100420 6/3/2005 SLO CREDIT UNION Payroll Vendor Payment 650.00 100421 6/3/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 26.00 6/7/2005 MID-STATE BANK Payroll Vendor Pa 80 349 yr Payment 34,992.3 100422 6/7/2005 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 84,814.23 100423 6/7/2005 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 1,889.20 100424 6/7/2005 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 8,244.56 100425 6/7/2005 THE STANDARD UNIT 22 Payroll Vendor Payment 951.30 100426 6/10/2005 A CLEAR PERSPECTIVE Accounts Payable Check 1,275.00 100427 6/10/2005 -JENNY AANERUD Accounts Payable Check 104.00 100428 6/10/2005 ACCESS GRAPHICS Accounts Payable Check 3,213.21 100429 6/10/2005 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 398.35 100430 6/10/2005 ALLSTAR FIRE EQUIPMENT,INC. Accounts Payable Check 591.43 100431 6/10/2005 AMERICAN MARBORG Accounts Payable Check 72.77 100432 6/10/2005 AMERICAN SANITATION Accounts Payable Check 16.99 100433 6/10/2005 AMERICAN WESTTIRE&AUTO INC Accounts Payable Check 274.58 100434 6/10/2005 AMREL SYSTEMS,LLC Accounts Payable Check 21,996.12 100435 6/10/2005 DAVID ANASTASIA Accounts Payable Check 220.00 100436 6/10/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 130.10 100437 6/10/2005 GINA ARIAS Accounts Payable Check, 33.( 100438 6/10/2005 ATASCADERO FORD Accounts Payable Check 92.76 22 City of Atascadero Disbursement Listing For the Month of June 2005 LL Check Lber Date Vendor Description Amount 100439 6/10/2005 ATASCADERO GLASS,INC. Accounts Payable Check 970.00 100440 6/10/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 35.00 100442 6/10/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 6,140.00 100443 6/10/2005 ATASCADERO NEWS Accounts Payable Check 564.28 100444 6/10/2005 ATASCADERO TESORO Accounts Payable Check 33.86 100445 6/10/2005 ATASCADERO UNIFIED SCHOOL DIST Accounts Payable Check 6,550.00 100446 6/10/2005 BASIC CHEMICAL SOLUTIONS,LLC Accounts Payable Check 5,855.86 100447 6/10/2005 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 53.27 100448 6/10/2005 BATTERY SYSTEMS Accounts Payable Check 109.28 100449 6/10/2005 BAUER COMPRESSORS Accounts Payable Check 33.73 100450 6/10/2005 BEST BEST&KRIEGER LLP Accounts Payable Check 7,659.23 100451 6/10/2005 BILLOW'S CUSTOM EMBROIDERY Accounts Payable Check 144.75 100452 6/10/2005 VOID Accounts Payable Check 0.00 100453 6/10/2005 BOB'S CRANE SERVICE Accounts Payable Check 500.00 100454 6/10/2005 BRENDLER JANITORIAL SERVICE Accounts Payable Check 675.00 100455 6/10/2005 AARON BROWN Accounts Payable Check 50.00 00456 6/10/2005 CAL-COAST REFRIGERATION,INC Accounts Payable Check 2,394.43 100457 6/10/2005 CALIFORNIA CODE CHECK Accounts Payable Check 6,688.50 100458 6/10/2005 SOL CAMPOS Accounts Payable Check 7.70 100459 6/10/2005 JASON F.CARR Accounts Payable Check 80.00 100460 6/10/2005 CHEM CLEAN Accounts Payable Check 87.84 100461 6/10/2005 CHEM SERVE Accounts Payable Check 139.70 100462 6/10/2005 JOSEPH CHOUINARD P.E. Accounts Payable Check 3,524.50 100463 6/10/2005 CINGULAR WIRELESS Accounts Payable Check 89.48 100464 6/10/2005 CINGULAR WIRELESS Accounts Payable Check 24.68 100465 6/10/2005 KAREN CLANIN Accounts Payable Check 315.00 100466 6/10/2005 COAST ELECTRONICS Accounts Payable Check 1,818.69 100467 6/10/2005 COASTAL IMAGING SUPPLIES Accounts Payable Check 648.43 100468 6/10/2005 COLOR CRAFT PRINTING Accounts Payable Check 1,401.60 100469 6/10/2005 CONWAY DISTRIBUTORS Accounts Payable Check 150.30 100470 6/10/2005 CRYSTAL SPRINGS WATER Accounts Payable Check 22.50 100471 6/10/2005 CTM GROUP,INC. Accounts Payable Check 223.30 100472 6/10/2005 DAN BIDDLE PEST CONTROL SERVIC Accounts Payable Check 95.00 100473 6/10/2005 DARRYL'S LOCK AND SAFE Accounts Payable Check 4.29 100474 6/10/2005 DATAPRINT CORPORATION Accounts Payable Check 318.69 100475 6/10/2005 DAVID VOLZ DESIGN Accounts Payable Check 5,500.00 23 City of Atascadero Disbursement Listinc For the Month of June 2005 Check Check Number Date Vendor Description Amount 100476 6/10/2005 DECOU LUMBER COMPANY Accounts Payable Check 95.81 100477 6/10/2005 DEPARTMENT OF JUSTICE Accounts Payable Check 1,267.00 100478 6/10/2005 DEPT.OF FISH&GAME Accounts Payable Check 154.00 100479 6/10/2005 DS FREEMAN CO,LLC Accounts Payable Check 551.27 100480 6/10/2005 E.REPUBLIC,INC. Accounts Payable Check 946.00 100481 6/10/2005 ECONOMIC OPPORTUNITY COMMISSIO Accounts Payable Check 2,124.64 100482 6/10/2005 EDEN SYSTEMS,INC. Accounts Payable Check 156.25 100483 6/10/2005 GEOFF ENGLISH Accounts Payable Check 80.00 100484 6/10/2005 EWING Accounts Payable Check 398.25 100485 6/10/2005 KEITH J.FALERIOS Accounts Payable Check 20.00 100486 6/10/2005 FARM SUPPLY COMPANY Accounts Payable Check 40.21 100487 6/10/2005 FERRELL'S AUTO REPAIR Accounts Payable Check 53.14 100488 6/10/2005 FIRSTLINE,LLC Accounts Payable Check 117.98 100489 6/10/2005 FOOD FOR LESS Accounts Payable Check 35.88 100490 6/10/2005 WARREN FRACE Accounts Payable Check 18.84 100491 6/10/2005 FRAZEE INDUSTRIES,INC. Accounts Payable Check 960.50 100492 6/10/2005 FREAK SHOW CLOTHING Accounts Payable Check 299.00 100493 6/10/2005 GAS COMPANY Accounts Payable Check 486.2 100494 6/10/2005 GEM AUTO PARTS Accounts Payable Check 147.53 100495 6/10/2005 GRISANTI HARDWARE Accounts Payable Check 34.48 100496 6/10/2005 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 810.61 100497 6/10/2005 HENRY SCHEIN,INC. Accounts Payable Check 34.69 100498 6/10/2005 GENE HICKS Accounts Payable Check 253.20 100499 6/10/2005 HINDERLITER,DE LLAMAS Accounts Payable Check 1,338.00 100500 6/10/2005 HOME DEPOT Accounts Payable Check 1,236.81 100501 6/10/2005 DANA J.HUMPHREY Accounts Payable Check 51.00 100502 6/10/2005 VALERIE HUMPHREY Accounts Payable Check 132.03 100503 6/10/2005 ICE TEES Accounts Payable Check 506.23 100504 6/10/2005 INFORMATION TECHNOLOGY Accounts Payable Check 311.54 100505 6/10/2005 INGLIS PET HOTEL Accounts Payable Check 210.27 100506 6/10/2005 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 634.60 100507 6/10/2005 JIFFY LUBE/SOUND BILLING Accounts Payable Check 52.94 100508 6/10/2005 WYATT KASFELDT Accounts Payable Check 50.00 100509 6/10/2005 KEN'S MOBIL SERVICE Accounts Payable Check 1,684.79 100510 6/10/2005 LAIDLAW TRANSIT SERVICES,INC. Accounts Payable Check 15,790.0 24 City of Atascadero Disbursement Listing For the Month of June 2005 Ce Check r Date Vendor Description Amount 100511 6/10/2005 JAMES R.LEWIS Accounts Payable Check 32.00 100512 6/10/2005 LIVERMORE POLICE Accounts Payable Check 550.00 100513 6/10/2005 LYNDON'S AUTOMOTIVE Accounts Payable Check 98.40 100514 6/10/2005 MALLORY CO Accounts Payable Check 2,642.64 100515 6/10/2005 ANNETTE MANIER Accounts Payable Check 2.25 100516 6/10/2005 MARK MARKWORT Accounts Payable Check 85.70 100517 6/10/2005 MCMASTER-CARR SUPPLY CO. Accounts Payable Check 20.08 100518 6/10/2005 CORY MEYER Accounts Payable Check 143.66 100519 6/10/2005 MID-COAST MOWER&SAW Accounts Payable Check 45.08 100520 6/10/2005 MINER'S ACE HARDWARE Accounts Payable Check 133.59 100521 6/10/2005 MATTHEW J.MIRANDA Accounts Payable Check 55.00 100522 6/10/2005 MISSION UNIFORM SERVICE Accounts Payable Check 104.48 100523 6/10/2005 MORRO GROUP,INC. Accounts Payable Check 8,679.08 100524 6/10/2005 MOTOROLA Accounts Payable Check 79.13 100525 6/10/2005 MUNIFINANCIAL Accounts Payable Check 28,951.38 100526 6/10/2005 NATIONAL SEMINARS GROUP Accounts Payable Check 179.00 01 00527 6/10/2005 NATIONWIDE SPORTS PHOTOGRAPHY Accounts Payable Check 348.95 100528 6/10/2005 MARGARET NAVARRO Accounts Payable Check 125.00 100529 6/10/2005 PAUL NETZ Accounts Payable Check 153.20 100530 6/10/2005 NEVCO SCOREBOARD CO. Accounts Payable Check 1,956.14 100531 6/10/2005 NORTH COAST ENGINEERING INC. Accounts Payable Check 1,712.50 100532 6/10/2005 OFFICE DEPOT INC. Accounts Payable Check 785.20 100533 6/10/2005 OUTLET TOOL SUPPLY Accounts Payable Check 132.07 100535 6/10/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 24,491.70 100536 6/10/2005 PAPER WORKS Accounts Payable Check 328.40 100537 6/10/2005 GLEN A.PAULS Accounts Payable Check 50.00 100538 6/10/2005 KATHLEEN A.PENCE Accounts Payable Check 6,963.26 100539 6/10/2005 VOID Accounts Payable Check 1 0.00 100540 6/10/2005 FIRE DEPARTMENT PETTY CASH Accounts Payable Check 140.35 100541 6/10/2005 PFEIFFER PARTNERS,INC. Accounts Payable Check 14,689.02 100542 6/10/2005 FRED PFLUM Accounts Payable Check 100.00 100543 6/10/2005 KEN PHILLIPS Accounts Payable Check 229.72 100544 6/10/2005 SCOTT E.PIPAN Accounts Payable Check 170.00 100545 6/10/2005 PITNEY BOWES PURCHASE POWER Accounts Payable Check 500.00 100546 6/10/2005 PJ'S TOP SHOP Accounts Payable Check 22.52 100547 6/10/2005 PROCARE JANITORIAL SUPPLY Accounts Payable Check 205.05 25 City of Ataseadero Disbursement Listing For the Month of June 2005 Check Check Number Date Vendor Description Amount 100548 6/10/2005 PSOMAS Accounts Payable Check 10,164.40 100549 6/10/2005 GRACE L.PUCCI Accounts Payable Check 120.00 100550 6/10/2005 QUICK CRETE PRODUCTS CORP. Accounts Payable Check 1,731.02 100551 6/10/2005 R.BURKE CORPORATION Accounts Payable Check 37,168.00 100552 6/10/2005 RECALL SECURE DESTRUCTION SERV Accounts Payable Check 60.53 100553 6/10/2005 RECOGNITION WORKS Accounts Payable Check 29.49 100554 6/10/2005 REID ROOFING Accounts Payable Check 300.00 100555 6/10/2005 STEVE ROMO Accounts Payable Check 153.00 100556 6/10/2005 JULIE ROSENTHAL Accounts Payable Check 75.05 100557 6/10/2005 ROSSI TRANSPORT SERVICE Accounts Payable Check 53.63 100558 6/10/2005 SAFETY-KLEEN INC. Accounts Payable Check 208.05 100559 6/10/2005 SAN LUIS OBISPO CO OFF.OF EDU Accounts Payable Check 1,637.50 100560 6/10/2005 SAN LUIS OBISPO COUNTY SHERIFF Accounts Payable Check 24,012.45 100561 6/10/2005 SBC Accounts Payable Check 328.64 100562 6/10/2005 SBC/MCI Accounts Payable Check 721.61 100563 6/10/2005 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 291.91 100564 6/10/2005 JOHN SIEMENS Accounts Payable Check 284.2 100565 6/10/2005 DAVID L.SMAW Accounts Payable Check 85.00 100566 6/10/2005 STAPLES CREDIT PLAN Accounts Payable Check 24.65 100567 6/10/2005 GARI STINEBAUGH Accounts Payable Check 8.10 100568 6/10/2005 SUNLIGHT JANITORIAL Accounts Payable Check 1,504.50 100569 6/10/2005 SUPERIOR QUALITY COPIERS,INC. Accounts Payable Check 769.55 100570 6/10/2005 SURVEYORS INSTRUMENT SERVICE Accounts Payable Check 14,022.56 100571 6/10/2005 SWITZER DIESEL REPAIR Accounts Payable Check 278.54 100572 6/10/2005 T-N-T PEST CONTROL Accounts Payable Check 88.00 100573 6/10/2005 TAYLOR RENTAL CENTER Accounts Payable Check 680.00 100574 6/10/2005 TEMPLETON UNIFORMS Accounts Payable Check 118.87 100575 6/10/2005 TESORO Accounts Payable Check 360.37 100576 6/10/2005 TESORO CAR WASH Accounts Payable Check 147.00 100577 6/10/2005 THE TREE MAN Accounts Payable Check 93.30 100578 6/10/2005 TIME WARNER TELECOM Accounts Payable Check 1,244.33 100579 6/10/2005 MARTIN TRACEY Accounts Payable Check 120.33 100580 6/10/2005 DARIN E.TRAVERSO Accounts Payable Check 1,280.00 100581 6/10/2005 TURF STAR,INC. Accounts Payable Check 1,773.45 100582 6/10/2005 ULTREX BUSINESS PRODUCTS Accounts Payable Check 283.50 26 City of Atascaderu Disbursement Listing For the Month of lune 2005 heck Check her Date Vendor Description Amount 100583 6/10/2005 UNITED PARCEL SERVICE Accounts Payable Check 4.78 100584 6/10/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 5,824.20 100585 6/10/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 2,607.79 100586 6/10/2005 RENE VASQUEZ Accounts Payable Check 80.00 100587 6/10/2005 VERIZON WIRELESS Accounts Payable Check 1,503.70 100588 6/10/2005 VONS Accounts Payable Check 81.99 100589 6/10/2005 WEST-MARK Accounts Payable Check 192.88 100590 6/10/2005 WEYRICK COMPANIES,INC. Accounts Payable Check 72.99 100591 6/16/2005 AFLAC Payroll Vendor Payment 3,153.20 100592 6/16/2005 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 540.00 100593 6/16/2005 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 20.00 100594 6/16/2005 ATASCADERO POLICE OFFICERS ASN Payroll Vendor Payment 388.16 100595 6/16/2005 AXA EQUITABLE Payroll Vendor Payment 371.15 100596 6/16/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 100597 6/16/2005 CITIPAC Payroll Vendor Payment 30.00 100598 6/16/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 7,659.01 000599 6/16/2005 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,052.26 100600 6/16/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,166.92 100601 6/16/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 868.46 100602 6/16/2005 KENNEDY CLUB FITNESS Payroll Vendor Payment 88.00 100603 6/16/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 684.76 100604 6/16/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.19 100605 6/16/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 56,472.53 100606 6/16/2005 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 667.01 100607 6/16/2005 SLO CREDIT UNION Payroll Vendor Payment 650.00 100608 6/16/2005 UNITED WAY OF SLO COUNTY Payroll Vendor Payment 26.00 350 6/21/2005 MID-STATE BANK Payroll Vendor Payment 34,239.81 351 6/21/2005 MID-STATE BANK Accounts Payable Check 50.00 352 6/21/2005 MID-STATE BANK Accounts Payable Check 1,263.00 353 6/21/2005 MID-STATE BANK Accounts Payable Check 10.00 100609 6/24/2005 ACE INDUSTRIAL SUPPLY Accounts Payable Check 1,504.68 100610 6/24/2005 ACTION FAX&PRINTER Accounts Payable Check 40.00 00611 6/24/2005 ADAMSON POLICE PRODUCTS Accounts Payable Check 278.02 100612 6/24/2005 FLORENCE AIELLO Accounts Payable Check 186.00 27 City of Atascadero Disbursement Listing For the Month of June 2005 Check Check Number Date Vendor Description Amount 100613 6/24/2005 AIRGAS WEST Accounts Payable Check 56.84 100614 6/24/2005 ALL ABOUT PRODUCE,CORP. Accounts Payable Check 428.88 100615 6/24/2005 ALLSTAR FIRE EQUIPMENT,INC. Accounts Payable Check 1,662.06 100616 6/24/2005 AMERICAN EXPRESS Accounts Payable Check 571.11 100617 6/24/2005 ANDIAMO TELECOM Accounts Payable Check 40.59 100618 6/24/2005 ANTECH DIAGNOSTICS Accounts Payable Check 278.50 100619 6/24/2005 CHARLENE ANTISTA Accounts Payable Check 250.00 100620 6/24/2005 PAULA ANTON Accounts Payable Check 203.72 100621 6/24/2005 ARAMARK Accounts Payable Check 52.84 100622 6/24/2005 ARAMARK UNIFORM SERVICES Accounts Payable Check 293.09 100623 6/24/2005 ASAP REPROGRAPHICS Accounts Payable Check 450.46 100624 6/24/2005 AT&T Accounts Payable Check 44.38 100625 6/24/2005 ATASCADERO FORD Accounts Payable Check 161.59 100626 6/24/2005 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 54.80 100627 6/24/2005 ATASCADERO NEWS Accounts Payable Check 1,019.88 100628 6/24/2005 ATASCADERO TEMPLE ASSOCIATION Accounts Payable Check 555.00 100629 6/24/2005 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 942.00 100630 6/24/2005 ATASCADERO WELDING Accounts Payable Check 166.20 100631 6/24/2005 ATASCADERO WINE FESTIVAL Accounts Payable Check 1,020.00 100632 6/24/2005 AVAYA INC. Accounts Payable Check 22.42 100633 6/24/2005 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 54.83 100634 6/24/2005 BAUER COMPRESSORS Accounts Payable Check 877.39 100635 6/24/2005 CINDY K.BENSON Accounts Payable Check 1,050.00 100636 6/24/2005 BIG DADDY BLUES BAND Accounts Payable Check 250.00 100637 6/24/2005 BUENA GEOTECHNICAL SERVICES Accounts Payable Check 200.00 100638 6/24/2005 BURTON'S FIRE,INC. Accounts Payable Check 182.86 100639 6/24/2005 DALE A.BYWATER Accounts Payable Check 485.00 100640 6/24/2005 CAD-SCAN CONNECTION Accounts Payable Check 2,968.93 100641 6/24/2005 CAL AG Accounts Payable Check 1,936.03 100642 6/24/2005 CAL-COAST MACHINERY,INC Accounts Payable Check 39.52 100643 6/24/2005 CAL-COAST REFRIGERATION,INC Accounts Payable Check 207.19 100644 6/24/2005 CALIFORNIA CODE CHECK Accounts Payable Check 7,532.31 100645 6/24/2005 CALIFORNIA MID-STATE FAIR Accounts Payable Check 5,000.00 100646 6/24/2005 CELLULAR ONE Accounts Payable Check 951.99 100647 6/24/2005 CENTRAL COAST REPTILE RESEARCH Accounts Payable Check 180.09 100648 6/24/2005 CENTRAL COAST STRIPING,INC. Accounts Payable Check 1,900.00 28 City of Atascadero Disbursement Listing For the Month of June 2005 heck Check beDate Vendor Description Amount 100649 6/24/2005 CENTRAL VALLEY TOXICOLOGY Accounts Payable Check 57.00 100650 6/24/2005 CERTIFIED FOLDER DISPLAY SVC Accounts Payable Check 2,761.10 100651 6/24/2005 CHEM CLEAN Accounts Payable Check 177.98 100652 6/24/2005 CHICAGO GRADE LANDFILL Accounts Payable Check 100.00 100653 6/24/2005 CJP PRODUCTIONS Accounts Payable Check 1,000.00 100654 6/24/2005 COASTLINE EQUIPMENT Accounts Payable Check 513.72 100655 6/24/2005 CREDIT BUREAU Accounts Payable Check 32.72 100656 6/24/2005 CRYSTAL SPRINGS WATER Accounts Payable Check 172.50 100657 6/24/2005 DARRYL'S LOCK AND SAFE Accounts Payable Check 48.61 100658 6/24/2005 DATANET SOLUTIONS Accounts Payable Check 3,861.00 100659 6/24/2005 DECOU LUMBER COMPANY Accounts Payable Check 117.18 100660 6/24/2005 DEPARTMENT OF CONSERVATION Accounts Payable Check 4,156.53 100661 6/24/2005 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 783.45 100662 6/24/2005 ECONOMIC VITALITY CORP OF SLO Accounts Payable Check 262.50 100663 6/24/2005 EDEN SYSTEMS,INC. Accounts Payable Check 62.50 100664 6/24/2005 EL CAMINO ASSOCIATES Accounts Payable Check 11,946.00 0100665 6/24/2005 EL CAMINO CAR WASH LLC Accounts Payable Check 69.00 100666 6/24/2005 ELLIOTT'S PHARMACY Accounts Payable Check 60.00 100667 6/24/2005 GEOFF ENGLISH Accounts Payable Check 126.36 100668 6/24/2005 ENTENMANN-ROVIN CO. Accounts Payable Check 576.28 100669 6/24/2005 ESCUELA DEL RIO Accounts Payable Check 186.30 100670 6/24/2005 EVERGREEN OIL,INC. Accounts Payable Check 75.00 100671 6/24/2005 FEDERAL EXPRESS Accounts Payable Check 210.89 100672 6/24/2005 FENCE FACTORY ATASCADERO Accounts Payable Check 996.34 100673 6/24/2005 FERGUSON ENTERPRISES,INC. Accounts Payable Check 115.83 100674 6/24/2005 FERRELL'S AUTO REPAIR Accounts Payable Check 113.89 100675 6/24/2005 FGL ENVIRONMENTAL Accounts Payable Check 216.70 100676 6/24/2005 FIRE MAINTENANCE COMPANY,LLC Accounts Payable Check 30.00 100677 6/24/2005 FIRST AM REAL ESTATE SOLUTIONS Accounts Payable Check 100.00 100678 6/24/2005 FOOD FOR LESS Accounts Payable Check 232.34 100679 6/24/2005 GAS COMPANY Accounts Payable Check 317.73 100680 6/24/2005 GATEWAY COMPANIES,INC. Accounts Payable Check 203.77 100681 6/24/2005 GEM AUTO PARTS Accounts Payable Check 134.73 0100682 6/24/2005 MIKE GIL Accounts Payable Check 457.00 100683 6/24/2005 GILBERT'S LANDSCAPES Accounts Payable Check 260.00 29 City of Atascadero Disbursement Listing For the Month of June 2005 Check Check Number Date Vendor Description .Amount 100684 6/24/2005 KEITH GILCHRIST Accounts Payable Check 96.49 100685 6/24/2005 KENNETH GLYNN Accounts Payable Check 308.00 100686 6/24/2005 GRACE WEST PROPERTIES Accounts Payable Check 175.00 100687 6/24/2005 GRANITE CONSTRUCTION,INC. Accounts Payable Check 9,000.00 100688 6/24/2005 GREENAWAY CONSTRUCTION Accounts Payable Check 946.00 100689 6/24/2005 GRISANTI HARDWARE Accounts Payable Check 55.17 100690 6/24/2005 H.D.PETERSON Accounts Payable Check 281.84 100691 6/24/2005 BRIAN J.HAMPTON Accounts Payable Check 102.00 100692 6/24/2005 HART IMPRESSIONS PRINT&COPY Accounts Payable Check 218.93 100693 6/24/2005 HASTY AWARDS Accounts Payable Check 1,381.90 100694 6/24/2005 HOBBY BODY&PAINT SHOP Accounts Payable Check 518.53 100695 6/24/2005 ICE TEES Accounts Payable Check 48.26 100696 6/24/2005 EVELYN INGRAM Accounts Payable Check 625.80 100697 6/24/2005 IRON MOUNTAIN RECORDS MGMNT Accounts Payable Check 18.23 100698 6/24/2005 J&S SWEEPING SERVICE Accounts Payable Check 880.00 100699 6/24/2005 JAKE FANNING CONSTRUCTION Accounts Payable Check 2,225.00 100700 6/24/2005 JEM DESIGN Accounts Payable Check 615.00 100701 6/24/2005 JESPERSEN'S TIRE SERVICE,INC. Accounts Payable Check 15.00 100702 6/24/2005 JIFFY LUBE/SOUND BILLING Accounts Payable Check 125.53 100703 6/24/2005 L.N.CURTIS&SONS Accounts Payable Check 348.12 100704 6/24/2005 LIFE ASSIST,INC. Accounts Payable Check 130.42 100705 6/24/2005 LOCATE PLUS CORPORATION Accounts Payable Check 15.00 100706 6/24/2005 MANAGED HEALTH NETWORK,INC. Accounts Payable Check 277.30 100707 6/24/2005 KERRY MARGASON Accounts Payable Check 62.37 100708 6/24/2005 MARK SIMON SEWER MAINTENANCE Accounts Payable Check 22,048.00 100709 6/24/2005 MARK MARKWORT Accounts Payable Check 73.51 100710 6/24/2005 BECKY MAXWELL Accounts Payable Check 53.16 100711 6/24/2005 MCALLISTER OFFICE PAVILION Accounts Payable Check 1,333.78 100712 6/24/2005 STEVEN M.MCCLELLAN Accounts Payable Check 102.00 100713 6/24/2005 WADE MCKINNEY Accounts Payable Check 205.70 100714 6/24/2005 MCMASTER-CARR SUPPLY CO. Accounts Payable Check 155.67 100715 6/24/2005 MID-COAST MOWER&SAW Accounts Payable Check 50.30 100716 6/24/2005 MINER'S ACE HARDWARE Accounts Payable Check 158.41 100717 6/24/2005 MISSION UNIFORM SERVICE Accounts Payable Check 81.01 100718 6/24/2005 MICHAL S.MOSES Accounts Payable Check 2,007.80 100719 6/24/2005 MUSIC FACTORY Accounts Payable Check 3,348.17 30 City of Atascadero Disbursement Listinc For the Month of June 2005 eck Check ber Date Vendor Description Amount 100720 6/24/2005 MARGARET NAVARRO Accounts Payable Check 100.00 100721 6/24/2005 NORTH COAST ENGINEERING INC. Accounts Payable Check 1,218.75 100722 6/24/2005 NORTH COUNTY SEPTIC SERVICE Accounts Payable Check 550.00 100723 6/24/2005 OFFICE DEPOT INC. Accounts Payable Check 572.55 100724 6/24/2005 OFFICEMAX CREDIT PLAN Accounts Payable Check 1,100.64 100725 6/24/2005 OMNI-MEANS,INC. Accounts Payable Check 1,418.00 100726 6/24/2005 OUTLET TOOL SUPPLY Accounts Payable Check 363.06 100727 6/24/2005 PACIFIC GAS AND ELECTRIC Accounts Payable Check 3,158.39 100728 6/24/2005 KAREN PALMER Accounts Payable Check 684.98 100729 6/24/2005 GLEN A.PAULS Accounts Payable Check 187.63 100730 6/24/2005 PAVEMENT ENGINEERING,INC. Accounts Payable Check 3,771.25 100731 6/24/2005 KATHLEEN A.PENCE Accounts Payable Check 8,125.00 100732 6/24/2005 PERFECT PETS;INC. Accounts Payable Check 60.00 100733 6/24/2005 PERKINS,ELLEN Accounts Payable Check 10.00 100734 6/24/2005 POLICE DEPARTMENT PETTY CASH Accounts Payable Check 388.42 100735 6/24/2005 PINNACLE INTEGRATED BUSINESS Accounts Payable Check 419.88 000736 6/24/2005 POOR RICHARD'S PRESS Accounts Payable Check 676.36 ,100737 6/24/2005 PRAXAIR DISTRIBUTION,INC. Accounts Payable Check 35.35 100738 6/24/2005 PROCARE JANITORIAL SUPPLY Accounts.Payable Check 63.26 100739 6/24/2005 PROGRESSIVE SOLUTIONS,INC. Accounts Payable Check 4,073.74 100740 6/24/2005 PSC INDUSTRIAL OUTSCOURCING IN Accounts Payable Check 590.00 100741 6/24/2005 PUBLIC EMPLOYEES'RETIREMENT Accounts Payable Check 200.00 100742 6/24/2005 GRACE L.PUCCI Accounts Payable Check 105.00 100743 6/24/2005 QUILL CORPORATION Accounts Payable Check 29.62 100744 6/24/2005 QUINN RENTAL SERVICES Accounts Payable Check 343.06 100745 6/24/2005 R.BURKE CORPORATION Accounts Payable Check 61,187.30 100746 6/24/2005 RADIO SHACK CORPORATION Accounts Payable Check 11.35 100747 6/24/2005 RECOGNITION WORKS Accounts Payable Check 16.04 100748 6/24/2005 ROSSI TRANSPORT SERVICE Accounts Payable Check 53.63 100749 6/24/2005 SAN LUIS OBISPO CO LABORATORY Accounts Payable Check 310.00 100750 6/24/2005 SAN LUIS OBISPO CO OFF.OF EDU Accounts Payable Check 240.00 100751 6/24/2005 SAN LUIS OBISPO COUNTY VISITOR Accounts Payable Check 3,100.00 100752 6/24/2005 SAN LUIS POWERHOUSE Accounts Payable Check 3,925.35 100753 6/24/2005 SANTA MARIA TIRE,INC. Accounts Payable Check 90.60 .00754 6/24/2005 SBC Accounts Payable Check 1,008.00 31 City of Atascadero Disbursement Listing For the Month of June 2005 Check Check Number Date Vendor Description Amount 100755 6/24/2005 SBC SMART YELLOW PAGES Accounts Payable Check 192.00 100758 6/24/2005 SBC/MCI Accounts Payable Check 1,719.36 100759 6/24/2005 SCHIMM'S TREE SERVICE Accounts Payable Check 550.00 100760 6/24/2005 LISETTE SCHOLL Accounts Payable Check 137.20 100761 6/24/2005 SCOTT O'BRIEN FIRE&SAFETY CO Accounts Payable Check 40.00 100762 6/24/2005 SECONDARY MIND Accounts Payable Check 45.00 100763 6/24/2005 SERVICEMASTER Accounts Payable Check 230.00 100764 6/24/2005 SIGN OUTLET Accounts Payable Check 1,504.60 100765 6/24/2005 SLO BICYCLE CLUB Accounts Payable Check 250.00 100766 6/24/2005 DAVID L.SMAW Accounts Payable Check 51.00 100767 6/24/2005 STEVE SCHMIDT TOPSOIL Accounts Payable Check 164.09 100768 6/24/2005 VOID Accounts Payable Check 0.00 100769 6/24/2005 TEMPLETON UNIFORMS Accounts Payable Check 53.62 100770 6/24/2005 TERRY&PAULSON ENTERPRISE INC Accounts Payable Check 42.51 100771 6/24/2005 TRACE ANALYTICS,INC. Accounts Payable Check 286.00 100772 6/24/2005 UNION ASPHALT,INC. Accounts Payable Check 2,195.14 100773 6/24/2005 UNION PACIFIC RAILROAD CO Accounts Payable Check 1,100.20 100774 6/24/2005 UNITED STAFFING ASSOCIATES Accounts Payable Check 6,691.20 100775 6/24/2005 UPS Accounts Payable Check 25.65 100776 6/24/2005 USA BLUE BOOK Accounts Payable Check 265.94 100777 6/24/2005 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 3,486.11 100778 6/24/2005 TOM VELASQUEZ Accounts Payable Check 51.00 100779 6/24/2005 VERIZON WIRELESS Accounts Payable Check 396.54 100780 6/24/2005 C/O M&T BANK VFIS Accounts Payable Check 3,237.00 100781 6/24/2005 WESTERN FARM SERVICE,INC. Accounts Payable Check 1,183.50 100782 6/24/2005 WESTERN JANITOR SUPPLY Accounts Payable Check 122.03 100783 6/24/2005 SUSAN M.WILLIAMS Accounts Payable Check 14.26 100784 6/24/2005 DANIEL J.WILLS Accounts Payable Check 129.60 354 6/30/2005 MID-STATE BANK Payroll Vendor Payment 37,571.48 100785 6/30/2005 AFLAC Payroll Vendor Payment 3,146.75 100786 6/30/2005 BLUE CROSS OF CALIFORNIA Payroll Vendor Payment 82,767.90 100787 6/30/2005 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 1,772.65 100788 6/30/2005 DELTA DENTAL,ATTN:ACCOUNTING Payroll Vendor Payment 7,767.44 100789 6/30/2005 THE STANDARD UNIT 22 Payroll Vendor Payment 942.30 100790 6/30/2005 ATASCADERO FIRE EMPLOYEE ASSN. Payroll Vendor Payment 540.00 32 City of Atascadero Disbursement Listing For the Month of)une 2005 eck Check ber Date Vendor Description Amount 100791 6/30/2005 FAMILY SUPPORT DIVISION Payroll Vendor Payment 207.69 100792 6/30/2005 CITIPAC Payroll Vendor Payment 15.00 100793 6/30/2005 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 8,510.59 100794 6/30/2005 EMPLOYMENT DEV.DEPARTMENT Payroll Vendor Payment 1,081.34 100795 6/30/2005 HARTFORD LIFE INSURANCE Payroll Vendor Payment 9,166.92 100796 6/30/2005 ICMA RETIREMENT TRUST-457 Payroll Vendor Payment 3,968.46 100797 6/30/2005 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 1,046.27 100798 6/30/2005 PERS LONG TERM CARE PROGRAM Payroll Vendor Payment 16.19 100799 6/30/2005 PUBLIC EMPL RETIREMENT SYSTEM Payroll Vendor Payment 56,919.09 100800 6/30/2005 SEIU LOCAL 620 AFL-CIO Payroll Vendor Payment 658.37 100801 6/30/2005 ATASCADERO FORD Accounts Payable Check 22,184.00 $ 1,118,784.93 33 ITEM NUMBER: A — 3 DATE: 09/13/05 Yeia � �e e Atascadero City Council June 2005 Staff Report - City Treasurer June 2005 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for June 2005 REPORT IN BRIEF: Cash and Investments Checking $ 1,035,302 Money Market Accounts 70,372 Certificates of Deposit 7,438,007 Government Securities 6,669,358 LAIF 14,916,169 Cash with Fiscal Agents 145,649 Cash in Banks at June 30, 2005 $ 30,274,857 Deposits,in Transit 50,459 Outstanding Checks (687,662) Cash and Investments at June 30, 2005 $ 29,637,654 Investment Activity Securities Purchased: Purchase Date Description Type Cost Maturity Date 06/22/05 Federal Natl Mtg Assn govt security $ 500,000 06/15/10 06/28/05 Federal Home Loan Banks govt security 499,762 05/19/10 06/29/05 BMW Bank of N America CD 97,000 06/29/10 06/30/05 Old Harbor Bank CD 97,000 06/30/09 06/30/05 First National Bank of the CD 97,000 12/30/08 South 06/30/05 Federal Natl Mtg Assn govt security 500,000 09/15/09 Securities Matured: None Securities Sold/Called Prior to Maturity: None • Other Reportable Activities: es: None Page 1 of 14 34 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITY SUMMARY FOR THE MONTH OF JUNE 2005 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at June 1, 2005 $ 442,156 $ 36,361,122 $ 2,405,999 $ 39,209,277 Receipts 3,127,055 27,022 357 3,154,434 Disbursements (1,516,147) - - (1,516,147) Purchase of Redevelopment Investments (8,312,000) * (2,260,707) ** (10,572,707) Transfers In 10,735,000 3,440,762 - 14,175,762 Transfers Out (3,440,762) (10,735,000) - (14,175,762) Balance per Banks at June 30, 2005 $ 1,035,302 $ 26,833,199 $ 2,406,356 30,274,857 • Deposits in Transit 50,459 Outstanding Checks (687,662) Adjusted Treasurer's Balance $ 29,637,654 * The bond proceeds from the Atascadero Community Redevelopment Agency(Agency)have been transferred to the Agency's new LAIF account and will be reported separately in the Agency's Treasurer's Report. ** The funds that are being held in the Agency's Bank of New York fiscal agent account will now be reported separately in the Agency's Treasurer's Report. 35 Page 2 of 14 Clol 01 7 O N O M v V N ^M V1 'V V1 .--� 0 V1 — r r O O - I O M V' oo M C,M O O O oo m oo N O QnN1 of N O r h D\ - �D 10p r v1 00 00 00 00 Ic N w r 0` o\ V of Cl U o\ N 69 O O O O O o O O O O O O O O O O O O M O O O O O O O O O O o O O O of vt 0` Q\ a\ D\ o\ of o. o� Q` o\ o. 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Ly V] v] Q b p Q v] C7 C7 U F ro q N N N U O O ^. b O y � 'U U uCi d p N O ?? to .� til Q w° Q m qq z F v o a N L C R" M4t wv wu aim aix c N 4w. a v� rn v N b0 bo Cl Q' 3 u H > 42 City of Ataseadero Investments by Type June 2005 Certificates Government Securities of Deposit 23% 24% Cash with Fiscal Agent ci 8% LAIF 52% Investment June 2005 LAIF $ 14,916,169 Certificates of Deposit 7,438,007 Government Securities 6,669,358 Cash with Fiscal Agent 145,649 Other 70,372 $ 29,239,555 43 Page 11 of 14 City of Atascadero Investments by Maturity June 2005 One Month One to Five Years to One Year 45% Within 3% One Month 1% On Demand 51% Investment June 2005 On Demand $ 14,986,540 Within One Month 194,000 One Month to One Year 930,013 One to Five Years 12,983,353 $ 29,093,906 Page 12 of 14 44 City of Ataseadero Investments by Custodial Agent June 2005 Bank of New Yo6ty of Union Bank 8o/Atascadero 42% 0% is RBC Dain Rauscher 3% Penson Financial tate of California Corp.�' 52% 3% Custodial Agent June 2005 State of California $ 14,916,169 Penson Financial Corp. 889,635 RBC Dain Rauscher 1,000,310 Union Bank 12,238,779 Bank of New York 145,649 City of Atascadero 49,013 $ 29,239,555 45 Page 13 of 14 City of Ataseadero Investment Yield vs. 2-Year Treasury Yield For the Year Ended June 30, 2005 0 4.00% 3.50% 3.00% 2.508j- 2.00% .50%2.00% 1.50% 1.00% 0.50% i 0.00% O� �O Q3 ()Z� TO �O r10 ,LO �O �O LO �ek Jac\ `Jack a�cr PQl` �a� �°ce Q. eQ\e pc ore ice bac �e� �` � O s"-City Yield 2-Yr Treasury Yield 2-Yr Treasury City Yield Yield June 2004 2.03% 2.76% July 2004 2.13% 2.64% August 2004 2.17% 2.51% September 2004 2.21% 2.53% October 2004 2.29% 2.58% November 2004 2.25% 2.85% December 2004 2.32% 3.01% January 2005 2.39% 3.22% February 2005 2.61% 3.38% March 2005 2.57% 3.73% April 2005 2.67% 3.65% May 2005 2.76% 3.64% June 2005 2.73% 3.64% Page 14 of 14 46 ITEM NUMBER: A-4 DATE: 09/13/05 e pl 911 9 9 r. Iola 9 1979 Atascadero City Council Staff Report - City Manager's Office Adoption of Title 5, Chapter 12, Film Ordinance & Resolution Establishing Rules, Regulations and Fees RECOMMENDATIONS: Council: 1. Adopt on second reading, by title only, the Draft Film Ordinance, thereby amending Atascadero Municipal Code Title 5 to add Chapter 12; and, 2. Adopt the Draft Resolution establishing rules, regulations, and fees for motion picture and television productions. i DISCUSSION: The proposed Draft Ordinance sets forth the terms and conditions that would govern television and motion picture activities within the City by establishing a permit process and fee structure. In the event City staff assistance is required, or damage or destruction occurs, the Draft Ordinance provides for reimbursement of staff time at the City's current billable labor rate, and for the actual replacement or repair cost of destroyed or damaged property. Applicants will be required to acknowledge City assistance in the making of the film, forbids the use of City insignia, uniforms, vehicles or personnel without the express written consent of the City. In the event a permit is denied, the Draft Ordinance allows the applicant to bring an appeal before the City Council. The Draft Ordinance also provides for permit revocation, and imposes liability provisions that include liability insurance, Worker's Compensation, Hold Harmless Agreement, and a Faithful Performance Bond. As presented to Council at the August 9, 2005 City Council meeting, other communities within San Luis Obispo County have structured their Film Ordinances to encourage film industry use of the area, while at the same time provide for the orderly and safe operation of motion picture and television productions. Recommendations included a restrained use of fees, and a reduction in the time to process applications. That consistency throughout the county in dealing with the film industry works to make the iarea more likely to be considered by filmmakers. 47 ITEM NUMBER: A-4 DATE: 09/13/05 • At the direction of Council, staff worked with San Luis Obispo County Film Commission to produce a Draft Resolution that sets forth a fee schedule, rules and regulations, and the application form to be used in requesting a permit consistent with that use by other cities within San Luis Obispo County. FISCAL IMPACT: Unknown. ATTACHMENTS: 1. Draft Ordinance 2. Draft Resolution • 48 DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADER09 CALIFORNIA, AMENDING TITLE 5 OF THE ATASCADERO MUNICIPAL CODE TO ADD CHAPTER 12: FILM ORDINANCE - - The City-Council-hereby finds and-declares-as follows: - - WHEREAS, the City of Atascadero has a responsibility to its residents and business owners to promote conditions that are beneficial to the health, safety, welfare and prosperity of the entire community; and, WHEREAS, the presence and activities of visual media agents have and do create disruption to what is considered the normal affairs and lifestyle of the City; and, WHEREAS, the control of these conditions is in the best interest of the City, its residents and business owners. WHEREAS, the City Council of the City of Atascadero may adopt film ordinances pursuant to Government Code Section 65850.1 and California Constitution Article XI, Section 7. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: Title 5 of the Atascadero Municipal Code is amended to add Chapter 12 to read as follows: ARTICLE 1: TITLE Section 1.01: The Ordinance shall be known as the "Film Ordinance." ARTICLE 2: PURPOSE Section 2.02: The City of Atascadero has a responsibility to its residents and business owners to promote conditions that are beneficial to the health, safety, welfare and prosperity of the entire community. The presence and activities of visual media agents have and do create disruption to what is considered the normal affairs and lifestyle of the City. The control of these conditions is in the best interest of the City and its residents and business owners. 49 ARTICLE 3; DEFINITIONS Section 301: "City" shall mean the City of Atascadero. Section 3.02 "Applicant" shall mean the person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or manager, lessee, agent servant, officer or employee, or any of them except where the context clearly requires a different meaning, applying for a permit to film within the city limits of Atascadero. Section 3.03: "City Manager (CM)" shall mean the chief administrative officer of the City of Atascadero or designated representative. Section 3.04: "Commercial" shall mean any activity intended to generate financial gain, in whole or in part, for the applicants or to advertise products, goods or services. Section 3.05: "City services charges" shall mean the actual costs which City departments incur in connection with commercial activities for which a permit is required under these regulations, not limited to administration or coordination of services, support personnel, equipment, materials and supplies, related fringe benefits, loss of revenue, etc. Section 3.05: "Destination Marketing Organizations" shall mean filming or videotaping or still photography produced or coordinated by an organization that qualifies under Section 501c(6) of the Internal Revenue Code as a Mutual Benefit Organization for the purpose of tourism and travel promotion. Section 3.06: "Non-profit films" shall mean any commercial, motion picture, television, videotape, or still photography produced by a nonprofit organization, which qualifies under Section 501 c(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films,tapes or photos. Section 3.07: "News Media" shall mean any news organization that photographs, films or videotapes for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or cameramen. Section 3.07: "Motion picture, television, still photography" shall mean all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercial advertisements or other media displaying images for commercial purposes. Section 3.08: "Private Video" shall mean any filming or videotaping taken solely for personal use. 50 Section 3.09: "Public Right-of-Way" shall mean any public access that is open to vehicular, bicycle or pedestrian traffic. Section 3.10: "Special Event Coordinator" shall mean a member of City's staff who serves as the point of contact for all filming activities within the City of Atascadero. Section 3.11: "Studio" shall mean a fixed place of business where filming activities (motion or still photography) are regularly conducted upon the premises. ARTICLE 4: PERMITS AND EXEMPTIONS Section 4.01: No person shall use any city street, alley, sidewalk, park, right-of-way or other public property owned or controlled by the City for the purpose of taking commercial motion pictures, television shows or programs, and commercial still photography without first applying for and receiving a permit from the City Manager or his designee. Section 4.02: Exemptions: 1. News Media: The provisions of this Ordinance shall not apply to or affect reporters, photographers or cameraman in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting of spontaneous breaking news events concerning those persons, scenes or occurrences which are in the news and of general public interest 2. Private Video: The filming or videotaping of motion pictures solely for personal use. 3. Charitable Films: Projects by organizations that qualify under Section 501 c (3) of the Internal Revenue Code. 4. Studio Filming: Filming activities (motion or still photography) conducted at a studio. 5. Destination Marketing Organizations: Filming, videotaping or still photography produced or coordinated by organizations that qualify under Section 501c(6) of the Internal Revenue Code as a Mutual Benefit Organization for the purpose of tourism and travel promotion. ARTICLE 5: RULES AND REGULATIONS Section 5.01: The City Manager is hereby authorized to establish conditions for the issuance of such permits and to adopt rules and regulations for activities conducted pursuant to such permits. Such rules and regulations for activities shall be approved by resolution of the City Council, but the City Manager is authorized to adopt temporary rules and regulations for a period not to exceed thirty (30) days. 51 ARTICLE 6: APPLICATIONS AND PERMIT ISSUANCE Section 6.01: Issuing Authority: The Issuing Authority shall be the City Manager or his designee. Section 6.02: Applications: The following information shall be included in the application: 1. The name of the owner, the address and telephone number of the location(s) at which the activity is to be conducted; 2. The specific location at such address or place; 3. The inclusive hours and dates such activity will transpire; 4. A general statement of the character or nature of the proposed filming activity; 5. The name, address and telephone number of the person or persons in charge of such filming activity; 6. The exact number of personnel to be involved; 7. Use of any animals or pyrotechnics; 8. The exact amount/type of vehicles/equipment to be involved; and 9. Use of public right-of-way. Section 6.03 Application Fee: An application fee, payable to the City of Atascadero, is due with the completed application if required. Section 6.04: Reimbursement for Personnel: The production company shall reimburse the City for any personnel provided to the company_(i.e. police, public works, fire, traffic, parks and recreation) for the purpose of assisting the production at the City's current billable labor rate. Section 6.05: Reimbursement for Damage and/or Destruction: If City property is destroyed or damaged by reason of applicant's use, event or activity, the applicant shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property. Section 6.06: Other Fees: Other City fees to be charged to the applicant as deemed appropriate and as set by Council Resolution. Section 6.07: Investigation and Action on Application: Upon receipt of a completed application and payment of the application and all other fees as deemed appropriate and as set by Council resolution, the City shall stamp the application as received and promptly investigate the information in the application to determine whether the application is complete and whether the applicant shall be issued a permit. (a) Within two (2) business days of receipt the City shall determine whether or not the application is complete. If the application is not complete the City shall promptly notify the applicant of that fact. The time period for 52 granting or denying a permit shall be stayed during the period in which the application is incomplete. (b) Within two (2) business days of receipt of the competed application, the City's designee shall complete the investigation, grant or deny the application, and date and sign such notation. If the application is denied, the City's designee shall attach to the application a statement of reasons for denial. ARTICLE 7: PERMIT—CONTENT AND POSSESSION Section 7.01: A permit shall contain the information given in the application and shall -impose reasonable time, place, and manner conditions such that the filming will not pose a traffic or safety hazard, or unreasonably interfere with fire or police protection services. The conditions imposed shall be in conformity with the requirements of this chapter and shall provide only for such modification of the applicant's proposed filming as is necessary to achieve compliance with this chapter. Such conditions may include requiring the applicant to: 1. Maintain a twelve-foot wide emergency access lane at all times; 2. Provide first aid stations and teams within any closed-off area to provide emergency medical aid to participants; 3. Provide barricades to close off the necessary streets; 4. Provide sufficient signs and directional arrows to divert traffic and arrange for public transit detours, subject to the approval of the City Engineer; 5. Provide monitors for crowd control and security, and establish liaison with the Police Department concerning the role of the monitors; 6. Distribute flyers throughout the surrounding area in advance of the filming notifying the affected residents and business people of the filming, and any street closure; 7. Clean all debris and litter from the street and sidewalk area within four hours after the conclusion of the filming; 8. Work cooperatively with City Administration, Police and Fire officials; and, 9. Obey all applicable posting and notice requirements, local, state and federal laws. Section 7.02: The permit shall specify the location and duration of parking that will be permitted for vehicles associated with the filming. All vehicles associated with the filming shall bear a placard in the front window, and shall not be entitled to parking pursuant to the film permit unless they do so. Section 7.03: City staff will assist applicant in meeting the conditions imposed by this section. 53 Section 7.04: Applicants shall carry the permit during the filming and show it, upon demand, to any member of any City department. ARTICLE S: ACKNOWLEDGEMENT —USE OF CITY INSIGNIA Section 8.01: All applicants shall provide acknowledgement to the City for assistance it provided in the making of the film. Section 8.02: No City insignia, uniform, vehicle or personnel identified or identifiable as such may be used or filmed without the express written consent of the City. Issuance of a permit does not constitute such consent. ARTICLE 9: APPEALS Section 9.01: An applicant may appeal the denial of an application made pursuant to this chapter to the City Council by filing a Notice of Appeal with the City Clerk within ten days after receipt of the Notice of Denial by the applicant. The City Clerk shall set the appeal for hearing by the City council at its next regularly scheduled meeting, subject to notice and agenda requirements. Upon such appeal, the Council may reverse, affirm or modify in any regard the determination of the City Manager or his/her designee, in conformity with this chapter, and the City Manager or his/her designee shall act in conformity with the decision of the City Council. Section 9.02: In the case of a late application or revocation, or if the City Council does not meet before the event is proposed to be held, any decision by a designee of the City Manager shall be reviewed by the City Manager, whose decision shall be final. If the initial decision was by the City Manager, it shall be final. Section 9.03: Prompt Judicial Review. After denial of an application or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action from the Superior Court pursuant to California Code of Civil Procedure 1094.8. ARTICLE 10: PERMIT REVOCATION Section 10.01: The City may revoke a filming permit at any time if: 1. An emergency arises making it impossible to assign sufficient or appropriate personnel to the filming activity to protect public safety. 2. Information is obtained after the filming permit is issued from which it may be reasonably concluded that the-permit should have been denied. 3. The applicant fails to meet the conditions required by the filming permit. Section 10.02: If the City revokes a filming permit, the applicant shall be informed in writing of the grounds for revocation. The applicant may appeal the decision to the City 54 Council within ten days unless the cause of the revocation is an emergency and there is insufficient time available to present or schedule an appeal. In such a case, the applicant shall schedule a personal meeting with the City Manager, or in his/her absence a designee, to discuss the circumstances. ARTICLE 11: LIABILITY PROVISIONS Section 11.01: Liability Insurance: Before a permit is issued, a certificate of insurance will be required in an amount to be determined by the Administrative Services Director (minimum of$1,000,000) naming the City of Atascadero as an "additional insured" and a policy endorsement for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The City officers, agents, and employees shall be named as "additional insured." The endorsement shall not be subject to cancellation or modification without thirty (30) days written notice to the City. A copy of the certificate and endorsement will remain on file. Section 11.02: Worker's Compensation Insurance: An applicant shall conform to all applicable Federal and State requirements for Worker's Compensation Insurance for all persons operating under a permit. Section 11.03: Hold Harmless Agreement: An applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of a permit under this ordinance. Section 11.04: Faithful Performance Bond: To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond (amount to be determined) at the time the application is submitted. Upon completion of filming and inspection of the site by the City, the bond may be returned to the applicant. ARTICLE 12: VIOLATION Section 12.01: If an applicant violates any provisions of this Ordinance or a permit issued pursuant thereto, the City may revoke the permit. A violation of this ordinance or the terms and conditions of a film permit issued pursuant to this chapter is a misdemeanor. ARTICLE 13: SEVERABILITY Section 13.01: If any section, sentence, subsection, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of the court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Atascadero hereby declares that it would have passed this ordinance, any sections, sentences, subsections, clause or phrase thereof irrespective of the fact that any one or more sections, sentences, subsections, clause or phrase may be declared invalid or unconstitutional. 0 55 ARTICLE 14: EFFECTIVE DATE: This ordinance becomes effective thirty (30) days after the date of its enactment. ARTICLE 15: POSTING REQUIREMENTS: A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen(15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. ARTICLE 16: ENACTING DATE AND SIGNATURES: INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on , by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C., Wendy Scalise, Mayor City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 56 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF ATASCADERO, ESTABLISHING RULES AND REGULATIONS, PERMITS AND FEES FOR MOTION PICTURE AND TELEVISION PRODUCTIONS PURSUANT TO ORDINANCE NO. WHEREAS, the City Council of the City of Atascadero did on September 13, 2005 pass and adopt Ordinance No. — providing for the establishment of rules and regulations, issuance of permits and determination of permit fees to be made by resolution of the City Council of the City of Atascadero. WHEREAS, Ordinance No. _ was enacted to provide for orderly and safe operation of motion picture and television productions to ensure: 1. The health and safety of all persons; 2. The avoidance of undue disruption of all persons within the affected areas; 3. The safety of property within the city; and 4. The control of traffic within the city, and location and duration of road closures. WHEREAS, Attachment A sets forth the rules and regulations, and permit process governing motion picture and television productions. WHEREAS, Attachment B is the form to be used at obtain permit. NOW, THEREFORE, be it resolved that the City council of the City of Atascadero hereby fixes and establishes the schedule for permit fees and related fees pursuant to Ordinance No. as follows: SCHEDULE OF FEES: 1. No Permit Fee will be charged. 2. Reimbursement of costs incurred by City associated with closure of roads requiring CalTrans permission. 3. Any assistance by City personnel to be charged at the fully allocated hourly rate for such personnel. 4. Direct reimbursement for material expenditures. 5. Faithful Performance Bond may be required to ensure cleanup and restoration of a site. The amount will be determined at the time an application is submitted. Upon completion of filming and inspection of the site by the City, the bond may be returned to the applicant. 57 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, California, held on this day of , 2005. CITY OF ATASCADERO ATTEST: Wendy Scalise, Mayor Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patick L. Enright, City Attorney 58 ATTACHMENT A RULES, REGULATIONS AND PERMIT PROCESS GOVERNING MOTION PICTURE AND TELEVISION PRODUCTIONS I. FILMING RULES AND REGULATIONS: A. Permit Application: The applicant will be required to submit a permit request with the City Manager or his/her designee ten business days prior its desired issuance. B. Clean Up: The permit holder shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris upon completion of each days shooting at the scene and restored to the original condition before leaving the site. C. Filming on Private Property: The applicant is required to obtain the property owner's permission, consent, and/or lease for use of property not owned or controlled by the city. The applicant will provide adequate insurance to protect the private property owner from the applicant's activities on the property. Applicant will provide proof of insurance coverage upon request. Individual riders shall document the property owner's consent or lease. 1. The applicant shall obtain permission from those individuals residing within the boundaries established by the permit as renters or lessees. D. Public Works Department (Roads and Streets): If the applicant-must park equipment, trucks and/or cars in zones that will not permit it, temporary "No Parking signs shall be coordinated with and be posted by the City. The applicant shall also obtain permission to string cable across sidewalks or from generator to service points. The applicant shall minimize long term parking of vehicles and equipment on public streets. All encroachments into the right-of-way will be detailed and approved in an Encroachment Permit. E. Traffic Control: For filming that would close roads or streets or otherwise impair traffic flow the applicant shall submit a traffic control plan to the Public Works Department. The plan will be reviewed and approved by the Public Works, Police and Fire Departments, and, if deemed necessary, the Atascadero Post Office. Every effort will be made to complete review the Traffic Control Plan no less than 48 hours prior to the event. 1. The applicant shall furnish and install advance warning signs and any other traffic control devices in conformance with the Manual of Traffic Control, State of California, and Department of Transportation. All appropriate safety precautions must be taken. 59 2. Traffic may be restricted to one 12-foot lane of traffic and /or stopped 0 intermittently. The period of time that traffic may be restricted will be determined by the City. Traffic shall not be detoured across a double line without prior written approval in the traffic control plan. The camera cars shall be driven in the direction of traffic unless provision is made in the traffic control plan. 3. The filming activities shall be coordinated with emergency roadwork or construction by City crews and/or private contractors, under permit or contract to the Public Works Department. F. Fire and Medical Aid Response: All road closures and traffic restrictions shall be approved by the Atascadero Fire Department no less than 48 hours prior to the event. The Fire Department emergency siren will function as dictated by the Fire Chief. G. Fire Department Fire Safety Officer (FSO) Requirements: Standby FSO(s) will be required for: • Productions using pyrotechnic special effects, as defined by California Health and Safety Code SS 12532, and other special effects such as flame bars, propane canons and other large fire scenes where flammable liquids and gases are used. • Productions involving stunts. This may include pyrotechnic special effects, use of helicopters, automobile crashes, chase scenes, body burns, and any type of jumps or leaps involving automobiles, motorcycles, and people. • Productions using tents where the occupant load exceeds 500. • Interior productions where generators, lights, and other filming equipment create a fire hazard and where set decorations, props and equipment may obstruct exits, access ways, and other building fire protection systems. • Interior and exterior productions that may cause the public to congregate and/or where the size of the crew may affect safe egress. • Productions occurring in mountainous brush covered or forested areas where the potential for a wild fire exist. In addition, roads or trails traversing through such areas. • All filming activities shall be reviewed on a case-by-case basis to determine the level of hazard and whether or not the production requires a standby FSO or a fire inspection(s). Still photography, documentaries and student filming are exempt unless they fall into one of the categories listed above. H. Parking Lots: When parking in a parking lot, the applicant may be billed according to the current rate scheduled established by the city. In order to assure the safety of citizens 60 in the surrounding community, access roads that serve as emergency service roads must never be blocked. II. FILMING PERMIT PROCESS A. The City Manager will work directly with the film permit applicant prior to permit issuance for major productions. The City Manager, or his/her designee, will liaison for minor productions: 1. The City will work cooperatively and responsively with the film industry personnel after issuance, with the primary focus to be the protection of the health and safety, both physically and psychologically, of all Atascadero citizens. 2. The Atascadero City Clerk, or his/her designee, can give permit application information by telephone. 3. Unlimited permit riders (a written attachment to the permit that accommodates minor changes) shall be used. However, a permit cannot be extended or amended by rider after the completion of the filming activity. The City Manager must approve all riders. 4. Attachment B, Photography, Movie or Television Production Application for Permit shall be used. 5. The production company shall have a copy of the permit on site at all times. 61 ATTACHMENT B City of Atascadero APPLICATION FOR PHOTOGRAPHY,MOVIE OR TELEVISION PRODUCTION PERMIT Date: Company Name: Company Address: Billing Address: Telephone Number: Person in Charge of the Production: Name: Address: Telephone: 62 Company Liaison to the City: Name: Address: Telephone: Nature of Proposed Film Activity*: Filming Location(s)*: Address: Specific Site: Owner's Name: Owners Telephone: Date and Time Activity to Start and be completed: Exact Number of Personnel Involved: 63 Exact Number and Types of Vehicles Involved*: If animals, firearms or pyrotechnics will be used, explain such use*: If pyrotechnics will be used, provide technician's name, phone number and license number: List all other agencies requiring permits*: Police protection and Public Works assistance will be charged to you at the City prevailing rates. Attach evidence of Liability Insurance. * Attach separate sheets as necessary. Signature of Agent 64 ITEM NUMBER: A-5 DATE: 09/13/05 • con II ■ 1918 1979 �Eaoii Atascauero City Council Staff Report - Community Development Department 1155 EI Camino Real Custom Planned Development 26: The Village at Oakhaven (ZCH 2005-0099) (Wehn Group, LLC) RECOMMENDATIONS: Council: 1. Adopt on second reading, by title only, Draft Ordinance A approving Zone • Text Change 2005-0099 establishing a Planned Development 26 Overlay District based on findings; and, 2. Adopt on second reading, by title only, Draft Ordinance B approving Zone Change 2005-0101 based on findings. DISCUSSION: The proposed project consists of a Zone Text Change to establish a new site-specific Planned Development #26 overlay zone, and Zone Map Amendment to establish a Planned Development Overlay Zone #26 on the subject site with a corresponding Master Plan of Development(CUP) and vesting Tentative Tract Map that would allow a 62-unit attached residential planned development. The project site is currently developed with a single-family residence. On August 9, 2005, the City Council conducted a public hearing to consider establishment of a PD-26 overlay zone and application of the overlay zone change on the subject parcel. 65 • FISCAL IMPACT: None. Based on findings from the Taussig Study, revenue from new residential development including property tax revenues; vehicle licensing fees, sales taxes, and otherrevenuesare insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the_project through a combination of road assessment districts, landscape and lighting districts and community facilities districts. ATTACHMENTS: Attachment 1: Draft Ordinance A Attachment 2: Draft Ordinance B 66 ATTACHMENT 1: Draft Ordinance A Approval of Draft Mitigated Negative Declaration DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,AMENDING THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2005-0099 TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY#26 (1155 El Camino Real/Welm Group LLC) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Wehn Group LLC (934 Sycamore Canyon,Paso Robles,CA 93446)Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family-16) to RMF-16/PD26 (Residential Multi-Family-16 with a Planned Development Overlay 26) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 5.47-acre site located at 1155 El Camino Real,(APN 049-042018); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0028 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change 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 zoning text amendments; and, 67 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on July 19, 2005 studied and considered Zone Change 2005-0099, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on August 9, 2005, studied and considered Zone Change 2005-0099, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Text Change Creating a PD-26 Planned Development Overlay District. The Ci8ty Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on August 9, 2005 resolved to approve on second reading, by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.671 Establishment of Planned Development Overlay Zone#26 This Planned Development Overlay Zone on APN 049-042-018 in the Residential Multi-family zone. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD-26 overlay zone: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. b) The Tentative Tract Map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. d) Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Atascadero Appearance Review Manual. All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. Buffer landscaping along the eastern property line shall be maintained by the individual property owners in perpetuity. 68 e) Each unit shall include the following: ■ 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement). ■ Dedicated space for laundry facilities with hookups. f) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. g) Engineered drainage detention basins shall be located within a common or designated area. All basins shall be landscaped, shall be no deeper than 2 feet, and shall be unfenced. Upon approval of the city engineer, retaining walls may be allowed in the drainage basin area. h) Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels. i) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. j) Trash shall be stored in individual garages. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. 69 INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO By: Wendy Scalise,Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 70 ATTACHMENT 2: Draft Ordinance B Approval of Proposed Zoning Map Change DRAFT ORDINANCE B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2005-0101, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 049-042-018 FROM RMF-16 (RESIDENTIAL MULTI-FAMILY — 16) TO RMF-16/PD-26 (RESIDENTIAL MULTI- FAMILY — 16/PLANNED DEVELOPMENT OVERLAY #26) (1155 El Camino Real/ Wehn Group, LLC) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Wehn Group LLC (934 Sycamore Canyon, Paso Robles, CA 93446) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family-16) to RMF-16/ PD26 (Residential Multi-Family-16 with a Planned Development Overlay 26) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 5.47-acre site located at 1155 El Camino Real,(APN 049-042018); and, WHEREAS, the site's General Plan Designation is HDR (High Density Residential); and, WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-family -16); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0028 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that itis in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change 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 Zoning amendments; and, 71 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 19, 2005 studied and considered Zone Change 2005-0101, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on August 9, 2005, studied and considered Zone Change 2005-0101, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RMF-16/ PD-26. The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed project offers certain redeeming features to compensate for the requested zone change. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on August 9, 2005, resolved to approve on second reading, by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Location Map/Zone Map Amendment Diagram SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. 72 INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO By: Wendy Scalise,Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 73 Exhibit A: Location Map/Zone Map Amendment Diagram �a+x > Y5"a Ay I ^4 sit t S t :.r W LI Ms �. N­ IIENKO g I Proposed Project Site � a (Change from RMF-16 to RMF 16 with PD 26) ApAl- . r `" ¥ wtgg > & R A � IN, h kN k �g t � fl I VA � 4 s Existing Designation: -Residential Multi-family- 16 Proposed Designation: -Residential Multi-Family-16/PD 26 74 ITEM NUMBER: A-6 DATE: 09/13/05 h 1918 ® 1979 d n. Atascadero City Council Staff Report — Police Department Supplemental Law Enforcement Services Fund RECOMMENDATION: Council designate 2005/2006 Supplemental Law Enforcement Services Fund (SLESF) monies for equipment improvements and other frontline Police services. DISCUSSION: The State of California has awarded the City of Atascadero $100,000 in SLESF funds for 2005/2006. These funds are awarded equally for each City and intended to fund . frontline municipal police services. The Government Code requires cities to appropriate and approve the use of the funds by City Council in the month of September. Availability of these funds presents an opportunity to continue the Police Cadet program an additional year. Cadets perform a variety of tasks designed to improve service delivery and enhance organizational efficiency. Cadets work in a mentoring environment that will help prepare them for a potential career in law enforcement with the City of Atascadero. Staff has identified the need to upgrade security .features of the Property/Evidence storage areas pursuant to a recent audit to maintain the integrity of evidence and facilitate the duties of the Property Evidence Technician. The Police Department is collaborating with the Fire Department to improve public safety radio repeater coverage and implement Mobil Data Computers (MDC) in emergency vehicles. This equipment will benefit the community by increasing the visibility of officers in the field, reducing response times and reducing the demand on dispatchers. Old shotguns in patrol cars will be replaced with new shotguns. The old shotguns will be converted into less lethal beanbag shotguns to improve the availability of less lethal tools. Funds will also be allocated to support other less lethal equipment, supplies and -training. 75 ITEM NUMBED: A-6 DATE: 09/13/05 FISCAL IMPACT: $100,000. All costs are paid for by SLESF grant funds and do not_affect the General Fund. ALTERNATIVE: Decline the use of SLESF grant funds. Not recommended due to significant improvements gained by use of the funds. • 76 ITEM NUMBED. A-7 DATE: 09/13/05 loin OR Atascadero City Council Staff Report - Public Works Department Annual Pavement Marking Services Award RECOMMENDATIONS: Council authorize City Manager to execute a contract with Safety Striping, in the amount of $64,736.92, for annual painting of traffic control pavement markings. DISCUSSION: Background Each year the City of Atascadero contracts for the repainting of pavement marking • legends such as stop signs, speed limits, cross walks, etc. Staff utilizes outside contractors to perform this portion of our annual street maintenance program for cost effectiveness. Public works crews periodically paint some miscellaneous traffic control pavement markings, but the bulk of the work is completed by private contractors. Analysis The project was advertised from July 28, 2005 through August 18, 2005. Three bids were received. The bids were reviewed for accuracy and compliance with bidding requirements and Safety Striping was found to be the low qualified bidder, with a proposal of $64,736.92. Conclusion Safety Striping is the successful low qualified bidder and is qualified and prepared to complete the annual pavement marking contract. Staff recommends that the City Council award the project to Safety Striping and authorize the City Manager to enter into an agreement with Safety Striping for the annual pavement marking services. FISCAL IMPACT: Expenditure of $ 64,736.92 in previously allocated funds in the 2005//2006 Public Works Department budget. ATTACHMENTS: 1. Bid Results 77 City of Atascadero INFORMAL BID SUMMARY Description of item begin quoted: Pavement Markings - 2005 The department/division shall make every attempt to receive at least three bids in writing or over the phone for purchases from $2,500 to$25,000. In the event that three viable quotes are not received, the division shall document what steps were taken to obtain quotes, any vendors contacted that declined to bid,and if applicate, why it is not practical to receive three quotes. SECTION A: Safety Striping Service, Inc. Brian Springmeyer 8/17/05 $64,736.92 Central Coast Eric Cumming8/1 Striping, Inc. 0/05 $69,939.40 Paving Contractor William Jacob 8/18/2005 $72,810.85 Inc. (PCI) SECTION B (must complete if three quotes were not acquired): Nil Department Representative: Date: Attach any documents or quotations received. 78 ITEM NUMBER: A- 8 DATE: 09/13/05 8; ■■ ■ ■ 5-1i' ■ 107-9 Atascadero City Council Staff Report - Public Works Department Final Map 2005-0106 (Parcel Map AT 04-0374) 5740 Rosario Avenue (TPM 2004-0063) (Malcom) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 2005-0106 (Parcel Map AT 04-0374); and, 2. Accept offer of dedication for Public Access Easement and Public Utility Easement. • DISCUSSION: Tentative Parcel Map 2004-0063 / Parcel Map AT 04-0374 was approved by the Planning Commission on November 3, 2004. The subdivision converts three existing rental units to condominium airspace units on one common lot in the Low Density Multi- . Family Zoning District. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff recommends accepting the offer of dedication for Public Access Easement and Public Utility Easement. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2005-0106 (Parcel Map AT 04-0374) 79 ITEM NUMBER: A- 8 DATE: 09/13/05 Exhibit A Final Map 2005-0106(Parcel Map AT 04-0374) 5740 Rosario Avenue Carl Malcom all a � 3i\ S' gif sr 55 A_ dJR � dlEll e 4LN i •y t a ��zr. O S 0 \ +a • m � I L i F pQ ) 7z fill ygm f@ o S Z t o �-g .sir+•. w��S� SIF bE §F i N R O • 80 ITEM NUMBER: A-9 DATE: 09/13/05 pais ® � 79 9 �ASCAD� Atascadero City Council Staff Report - Public Works Department Final Map 2005-0108(Parcel Map AT 04-0343) 7685 Sinaloa (TPM 2004-0064) (Eddings) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 2005-0108 (Parcel Map AT 04-0343); and, 2. Reject the offer of dedication for Public Access Easement and Public Utility Easement without prejudice to future acceptance. • DISCUSSION: Tentative Parcel Map 2004-0064 / Parcel Map AT 04-0343 was approved by the Planning Commission on January 4, 2005. The approved tentative parcel map would create three air space condominiums on one common lot. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff recommends rejecting the offer of dedication for Public Access Easement and Public Utility Easement without prejudice to future acceptance. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2005-0108 (Parcel Map AT 04-0343) 81 ITEM NUMBER: A-9 DATE: 09/13/05 FinlExhibit A Final aMap 2005-0108(Parcel Map AT 04-0343) 7685 Sinaloa Royce Eddings a. Q r 'nxrean-tiY „4 nm Mir 4 ���i i�'S A AVE _ 3 :85d5 a4g Y $Eg ATISCADERO AYE b AIS6u•P� '__ ^ b y�g $ G S, oL80A• / x b •„fib, � & ,7 A P oa x � J I / mph n t a�. N ' aP A'• V• ;�` N s lei, +eP�S sir° Ld eiz � J ♦/ b < / v 3 d_ WLJ Of Lq CL 799 Q P. 82 ITEM NUMBER: A- 10 DATE: 09/13/05 1918 i _ 1976 Atascadero City Council Staff Report - Public Works Department Final Map 2005-0115 (Parcel Map ATAL 04-0250) Morro Road (LLA 2004-0065) (Moresco Properties LLC) RECOMMENDATIONS: Council: 1. Accept Final Parcel Map 2005-0115 (Parcel Map ATAL 04-0250); and, 2. Reject the offer of dedication for Public Access Easement and Public Utility Easement without prejudice to future acceptance; and, 3. Relinquish temporary construction easements per deeds recorded July 18, 1997 as Instrument No. 97-037569 and Instrument No. 97-037570. DISCUSSION: Lot Line Adjustment 2004-0065 / Parcel Map ATAL 04-0250 was administratively approved by the Community Development Department on March 7, 2005. A final map has been prepared to relinquish temporary construction easements, which were used during the construction of the Amapoa-Tecorida Drainage Improvements. The easements are now expired, but in order to clear title the City needs to quitclaim the easements either by separate document or by certificate on the map. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff recommends rejecting the offer of dedication for Public Access"Easement and Public Utility Easement without prejudice to future acceptance. Staff has determined that the Final Parcel Map is consistent with approved Tentative Lot Line Adjustment. 83 ITEM NUMBER: A- 10 DATE: 09/13/05 FISCAL IMPACT: i None ATTACHMENTS: Exhibit A: Final Map 2005-0115 (Parcel Map ATAL 04-0250) 84 ITEM NUMBER: A - 10 DATE: 09/13/05 Exhibit A Final Map 2005-0115 (Parcel Map ATAL 04-0250) Morro Road Moresco Properties LLC �,oaM all a wie y z� F,Yy R,pfm" +w.re i s F� ag A �� I M s4�7 gg ssit I n I� 0 WO o s YJ 7717171T� g _ _ / } =•oc,c;�N�` / � nam =F z � / F 85 ITEM NUMBER: A- 11 DATE: 09/13/05 ..� 0 A a ■ n 1918 A 1919 8 Atascadero City Council Staff Report - Public Works Department Final Map 2005-0111 (Tract 2657) N. Ferrocarril Road (TTM 2004-0056) (Gearhart) RECOMMENDATIONS: Council: 1. Accept Final Tract Map 2005-0111 (Tract 2657); and, 2. Reject the offer of dedication for Public Utility Easement without prejudice to future acceptance. DISCUSSION: Tentative Tract Map 2004-0056 / Tract 2657 was approved by the Planning Commission on November 3, 2004. The approved tentative tract map would create sixty air space condominiums on one common lot. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement, or reject on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff recommends rejecting the offer of dedication for Public Utility Easement without prejudice to future acceptance. Staff has determined that the Final Tract Map is consistent with approved Tentative Tract Map. FISCAL IMPACT: None ATTACHMENTS: Exhibit A: Final Map 2005-0111 (Tract 2657) 87 ITEM NUMBER: A- 11 DATE: 09/13/05 Exhibit A Final Map 2005-0111 (Tract 2657) • N. Ferrocarril Road Kelly Gearhart 122WO 4w , 92AVy9 + 3S t5 p ! • `"� -�.. �����\�' �� ! Vii• ! fh uiOz �\ b+ Ct H d i wf" T 1 oris i2e O j,,r1 88 ITEM NUMBED: iA- 12 DATE: 09/13/05 Atascadero City Council Staff Report - Community Services Department Request to Place a Memorial Bench at Atascadero Lake Park RECOMMENDATION: Council approve a request by Caroline Wikoff to install a Memorial Bench at Atascadero Lake Park in honor of her daughter, Jessica Wikoff. DISCUSSION: . Background: The City of Atascadero has received a request to install a memorial bench' at the Atascadero Lake Park in honor of Atascadero resident Caroline Wikoff's daughter, Jessica Wikoff, who has passed. Previously, the Atascadero Parks and Recreation Commission identified bench locations at the Atascadero Lake Park for the installation of such Memorial Benches on October 24, 2004. Specific colors and construction styles have been determined for Memorial benches. The Parks and Recreation Commission has reviewed and recommended approval of the proposed bench styles and locations. The requesting family will be responsible to cover all costs related to the installation of this bench. Analysis: The policy on the Naming of Public Buildings, Parks and Other Public Facilities includes a provision to be followed by staff for the recognition of individuals. SECTION II, E. "In addition to the naming of public facilities by using the criteria established above, the City can provide for the recognition of individuals, either deceased or -living, by the placement of memorial objects (symbols); such as livingtrees, public benches, rocks, memorial flagpoles, sculptures, etc., in public facilities. The placement and identification of these recognition symbols will be at the discretion of the Parks and Recreation Commission and the City Councilona case-by-case basis. 89 The attached request complies with previously established policies for the recognition of individuals at City park facilities. FISCAL IMPACT: None. The requesting family will cover all related costs for the purchase and installation of the Memorial bench. ATTACHMENTS: 1. Map of Atascadero Lake Park bench locations 2. Application and picture sent by requesting party 90 a� w 0 Cd U `t O ZJ -- bn cz m c Qr O � O REM 4 J v Rum CD r m ,ct ay _ a o .� E 0 H 2 d CLCL � L � Q CL a 91 II 'r" I� City of Atascadero �-{1918 � 8, 1978;-7 \ cAnE�, CITY OF ATASCADERO'S MEMORIAL BENCH APPLICATION Name: Address: LS Phone Day#: Eve#: To whom the Memorial Bench honors: Have you submitted a letter of request? (circle one) YES What Me FR Bench location # are you requesting? lst choi a �g,��, � 0 � 2nd choice. 5 I have read and understand the Memor al&bje 'W'2ff t Ownership and Replacement Agreement on page 2 of the Memorial Bench Information letter. The undersigned hereby states that he/she understands and agrees to the above stated policies and agreements and is aware of any conse uences th t arise from such an agreement. D ignature Date Please return this form with a check (if you have not submitted payment previously) to: City of Atascadero Attn: Jennifer Fanning 6905 El Camino Real Suite 6 Atascadero, CA 93422 92 r dZ' qq` "i i3'rvs"1 rr "4-c—, Snr -.. { I �� � .t,�,�>�- � •t.n I b.'.,*. s �..,t ;i,--.}{J•,i + ,w•. �1nI{.;S« r ar.,w� '''�, +t.,s f J� 0 R..I ,�■ 1 � f i w 7rw�. rG` .: Eel.` q t"s�,;'� >ItsirF t ` 'M 4 fyw t {max rJ i r i rs 9' kf I + 9 3r f� r ct. �M � 1� T 4-.H J\ •. 014 -"' i rY I tl - �•9 ,ft'i4r` a 'w a ,:h r a � ' Ti Jlr fT r J . A jy. w f y �''1 f J. r 'I'{' -s,N k a ...�^ � ss i 'z:1,' r Y'.,.v o-«• r I - i t f V A y.(a wy-1 frl�l� a -i4i l http://imagel6.webshots.com/16/l/86/61/188318661yiCphY_ph.jpg 01-Aug-05 93 ITEM NUMBER: B 1 DATE: 09/13/05 n Xii �e7B Atascadero City Council Staff Report Community Development Department Title 9 Planning and Zoning Text Amendment ZCH 2005-0100 (City of Atascadero) RECOMMENDATIONS: Planning Commission Recommends: Council. 1. Adopt Resolution A certifying Proposed Negative Declaration 2005- 0043; and, 2. Introduce for first reading, by title only, Draft Ordinance A approving • Zone Text Change 2004-0100 establishing development standards for fence height, lot line adjustments affecting flag lots, and landscape requirements. REPORT-IN-BRIEF: A Zone Change consisting of a Text Amendment to update portions of Title 9, Planning and Zoning, of the Atascadero Municipal Code is proposed. The proposed text amendments consist of three general modifications to Title 9 (Planning and Zoning Ordinance) that encompass the following: 1.) Fence height, 2.) Design standards for flag lots, and 3.) Landscaping standards in multi-family and commercial zones. DISCUSSION: Situation and Facts: 1. Applicant: City of Atascadero 2. General Plan Designation: Citywide 94 ITEM NUMBER: B - 1 DATE: 09/13/05 3. Zoning District: Citywide 4. Environmental Status: Initial Study and Proposed Negative Declaration #2005-0043. Background On July 19, 2005, the Planning Commission held a public hearing for the proposed zoning code amendment and recommended that the City Council approve the proposed amendments. On August 9, 2005, the City Council continued the item requesting additional analysis concerning fence height within the front yard setback area. Staff is proposing that the Council adopt the text change maintaining sufficient sight distance while providing adequate fencing for farm animal uses. ANALYSIS: Fencing Limitations Currently, an Administrative Use Permit (AUP) is required for fence, hedge, or wall to be five (5) feet in height based on findings made by the Community Development Director. The proposed text amendment will allow the above fencing exception within the RS (Residential Suburban), RR (Rural Residential), and RSF-Z (Residential Single Family — Z) zone designations without requiring an AUP hearing. All other zoning designations will require an AUP. In general, the RS, RR, and RSF-Z zones are low- density areas_largely contained within the outlying areas of the city. Rural type uses such as farm animal raising and agriculture are permitted (based on lot size) and often necessitate taller than 3'-0" fencing within the front setback. 95 ITEM NUMBER: B-1 DATE: 09/13/05 Line of Sight Without compromising visibility, safety, and aesthetics, the requirement for fencing that exceeds three (3) feet in height to be 80% visible will remain in effect. In addition, the fencing may not impair safe sight distance for vehicular traffic and adversely impact human health and safety. In order to facilitate a standard for safety, staff recommends that the engineer standard titled Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control be referenced in the proposed text change. A five (5) foot fence within the front setback area in the RS, RR, and RSF-Z zoning designation would then be subject to standards set forth by a sight triangle (Attachment 2). The engineer standard prohibits sight obscuring objects over 3'-0" from driveways and intersecting roads within the sight triangle, as depicted in Attachment 2. Utility poles, openly spaced trees with no foliage lower than 8'-0", and traffic devices are allowable if visual obstruction is minimal. Fencing standards The proposed text amendment to fencing standards include changes made to Title 9- 4.104 (Exceptions to setback standards) and 9-4.128 (Standards for Fencing and Screening Materials). The amendment will consolidate the fencing standards into a single location within the zoning ordinance, streamline the fencing requirements within the City, and provide definitions for measuring fence height. 9-4.104 Exceptions to setback standards. The minimum setback requirements of this title apply to all uses except the following (see also Section 9-4.110): ja) Penees, hedges of walls siah feet oi- less, ifl.height ab&VOsite finish gfade- when g . setbaek. (1) Allowed A,'Jus,�Faent� The e)ieffiptjo-fl... . ef fenees, hedges walls in the 4*oflt setbael, lieight may be e�ipafided. 2 ..... ,, Andings aim Pii >G7meto�,= (i) Pillafs, posts, ai-othef sup )i+, 'the fonee de fie exeeed a height ef si�i (6) feet; and (ii) Sight obseui�ng P814ions of the fenee b . i (6) iiie�es in width do not eyieeed two (2) feet in width and ai.-e sepai.:ated 4om eaeh othei-by at 4east siztteen (16) feet; and b . eev neig-hboi:hoad; and 96 ITEM NUMBER: B -1 DATE: 09/13/05 (ea) Uncovered decks, terraces, steps, earthworks and other similar landscaping or design elements placed directly on finished grade that do not exceed an average height of thirty (30)inches above the surrounding finished grade, provided that no such wood structure shall extend closer than eighteen (18) inches to a property line. 9-4.128 Fencing and screening. Standards for fencing and screening are established by this section to protect certain uses from intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between different land uses by visual screening. Fencing is the enclosure of an area by the materials identified in subsection (c) of this section. Screening is the enclosure of an area by a visual barrier, which may include solid fencing or other materials as specified in subsection(c) of this section, (a) Fencing and Screening: Where Required. Within the urban services line the uses and areas listed in this subsection shall be fenced and/or screened as indicated. Unless otherwise specified, fencing and screening are to be a minimum height of six (6) feet. Fencing and screening materials of a height greater than three (3) feet shall not be located within a required front setback or side setback adjacent to a street. (1) Mechanical Equipment. When located outside of a building, support equipment including air conditioning and heating devices, but not including plumbing or exhaust vents, or chimneys, shall be screened to the height of the particular piece of equipment, as follows: (i) Roof-mounted Equipment. To be screened by architectural features from the view of abutting streets. (ii)Equipment at Grade. When located on the ground adjacent to a building,mechanical equipment shall be screened by landscaping, a solid wall or fencing from the view of the street or surrounding properties. This subsection does not apply to single-family residential uses. (2) Outdoor Storage. To be screened on all sides by a wall or fencing. (3) Public Utility Substations. To be screened on all sides in a manner that will provide an effective visual barrier as well as the necessary safety clearances required by order of the California Public Utilities Commission. (4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be screened as follows: (i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and rear property lines of any nonresidential or nonagricultural use abutting a residential use or zone. (5) Swimming Pools. Yard areas with private swimming pools are to be fenced to discourage unsupervised access and use by small children. Such fencing is to be a minimum of four(4) feet high and equipped with a self-closing and self-latching gate. Latching devices are to be located at a minimum height of four (4) feet. Such fencing may be omitted where building walls abut the pool area, provided that the entire perimeter of the pool area is secured. (b)Exceptions to Fencing and Screening Requirements. 97 ITEM NUMBER: B - 1 DATE: 09/13/05 (1)Buildings Abutting Property Lines. Required screening or fencing may be omitted along any lot line where a building wall exists immediately abutting the lot line. (2) Location Adjustment. Where property fencing or screening is required, the location may be adjusted (see Section 9-1.112 so the fencing may be constructed at or within the setback line, provided the areas between the fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative state. (3) Planning Commission Modification. Any of the requirements of this section may be waived or modified through conditional use permit approval, provided the Planning Commission first finds that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. (c) Standards for Fencing and Screening Materials. All fencing and screening shall be r���-wallowed as follows: . 1 r ho ,, (6) feet in 1-„_ ght i'pi-opfi'ed m��giiznc-i crrczrrsr. ,.,nom�c ,... .. (2) 1, ...t; Peiieiiig shall Bet be 1�,Lclt� I iti 'v ••e 1 ,;y-ed fi.aj)ie!,- &,,oept & t s (41)Height. Fence and screen height shall be permitted as follows: (i) RS /RR/RSF-Z Zones a Fencing within a required front or corner vard setback may be up to 5 feet in height provided that the top two feet remain a minimum of 80%n visibility. The fence shall not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on human health and safety (refer to Engineering Standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control). b Fencing within a required side or rear setback may be a maximum of 6-feet in height. (ii)RSF-Y/RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF-16 a €Fencing within a required front or corner yard setback can be a maximum of 3-feet in he_ight. b fFencin6 within a required side or rear yard setback shall be a maximum of 6-feet in height. (iii)Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet in. height. leeated at ei-w4iiin fequii-ed setbaek lines may be up to twelve (12) feet in heigfi�. 42) feet;f, height (iv)Height Measurement. -Fencing and screening materials shall be measured from the finished grade of the uphill lot. (2) Permit to Exceed Height An administrative use permit approval is required where fencing is proposed to be greater than six (6) feet in height. -(43) Screening Materials Substitution. Where screening is required to be a solid wall or fence,the following materials may be substituted through adjustment(see Section 9- 1.112), except where screening is required adjacent to a residential use or zone: (i) Landscape Screen. Screening plant materials may be substituted for a wall or fence, where: (A)Proposed plant materials are certified in writing by a registered landscape architect as having the capability of achieving sixty (60) percent of total view blockage within 98 ITEM NUMBER: B 1 DATE: 09/13/05 eighteen (18) months of planting, and one hundred (100) percent of total view blockage within thirty-six (36) months of planting; and (B) The applicant agrees in writing to install solid fencing after the expiration of thirty- six (36) months, in the event that the landscaping has not totally blocked the view of areas required to be screened. (ii)Berms. A landscaped berm may be substituted for a wall or fence provided that the combination of berm and landscaping is no less than the required height of the fence or wall, and that the berm is constructed with a maximum slope of 3:1, with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest point of the berm, extending the length of the berm. The berm shall be planted with shrubs, lawn or groundcover. (iii) Slaaad-Chain-link fencing. Vinyl coated 9chain-link fencing with itedwoed everreen landscape screen planting may be substituted for a solid wall or fence in commercial and industrial zones except where screening fencing is required adjacent to residential uses and zones. Flag Lot Standards for Lot Line Adiustments Currently, there are no specific standards for lot line adjustments provided in Title 9 Planning and Zoning. The Subdivision Map Act limits local agencies to review Lot Line Adjustments based upon the general plan, zoning and building ordinances (Subdivision Map Act section 66412. Map Act Exclusions). The purpose of adding a section that reflects the requirements set forth in Title 11-6.26 Flag lots (deep lot subdivisions), is to assure that the relocation of lot lines coincide with the purpose and intent of the Zoning Ordinance, which "minimizes adverse effects on the public resulting from the inappropriate creation, location, use or design of building sites, structures, or other land uses by providing appropriate standards for development" (AMC 9-1.101(b)). The text change will elucidate the requirement that lot line adjustments not create an adverse effect, such as land locking a developed parcel of land from a dedicated street. The proposed text amendment will incorporate the following section: 9-4.164 Lot Line Adiustment Review for Flag Lots. (a) The adjustment of all property lines containing a flag lot shall be permitted in accordance with the following design standards. (1)The original lot shall have frontage on a dedicated street. (2)The accessway to the rear lot shall be at least twenty (20) feet wide (developed to City standards) for residential zones except where the accessway is more than one hundred fifty (150) feet long it shall be at least twenty-four(24) feet wide with twenty (20) feet of pavement For all other zones the accessway shall be at least thirty (30) feet wide with a paved roadway at least twenty-four (24) feet wide. (3) The lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it. 99 ITEM NUMBER: B- 1 DATE: 09/13/05 (4)Lots utilizing the accessway of a flag lot may be required to enter into a road maintenance agreement to insure perpetual maintenance and repair of the accessway. Landscaping Standards The purpose of amending the landscaping standards is to provide both staff and project applicants with direction and recommendations for landscaping areas within the multi- family and commercial zones. The proposed text amendment consists of the following changes: 9-4.116 Location of parking on a site. Required parking spaces may be located as needed on a proposed site, subject to the design and construction standards of Sections 9-4.117 and 9-4.119 and the following: (a)Use of Front Setback. Required parking spaces are not to be located within the required front setback, ._ (b) Use of Side and Rear Setbacks. Side and rear setbacks may be used for vehicle parking except on the street side of a corner lot and except where landscaping is required by section 9- 4.125. 9-4.119 Parking lot construction standards. All parking areas containing three (3) or more off-street parking spaces are to be improved as follows, except as otherwise provided by this section. (a) Surfacing. All parking areas are to be surfaced with an asphalt, concrete, chip seal, or crushed rock surface, as specified in the following chart or as required b�property development standards listed in this code. Where concrete or asphalt are required, brick or other masonry paving units may be substituted,including a plaRted with gi-as,,turf block. Minimum Required Surface Parking Lot Turnover i ILocation 1IMedium Low Inside urban 1 Asphalt or (Asphalt or Asphalt or services line ;concrete s concrete concretevv Outside urban Asphalt or {Asphalt or =Crushed rock services line concrete concrete I or chip seal 4 (b) Lining and Marking. Parking spaces in paved parking areas shall be marked with paint striping, a minimum of two (2)inches in width. Parking spaces in other types of lots may be identified by wheel stop barriers. 100 ITEM NUMBER: B -1 DATE: 09/13/05 (c) Wheel Stops. Wheel stops or continuous concrete or asphalt curbing are required in all parking lots to define the perimeter of the parking area and to protect landscaping from vehicle encroachment. In addition, wheel stops are required for each parking space in a high turnover parking lot. Wheel stops shall be provided as follows: (1) Materials and Installation. Wheel stops shall be constructed of concrete, continuous concrete curbing, asphalt, timber, or other durable material not less than six (6) inches in height, or an approved functional equivalent. Wheel stops are to be securely installed and maintained as a safeguard against damage to adjoining vehicles, machinery or abutting property. (2) Setback. Wheel stops or other vehicle barriers shall be located approximately three (3) feet from the front of the parking space. (3)Functional Equivalent. Wherever possible, functional equivalents in the form of raised sidewalks or curbs surrounding planters or similar may be used in lieu of wheel stops. (d) Vertical Clearance. Covered parking spaces are to have a vertical clearance of at least seven (7) feet six (6) inches above the parking lot surface for all uses except residential. (e) Slope. The finished grade of a parking lot is not to exceed five (5) percent slope, unless approved by adjustment (Section 9-1.112). (f)Landscaping. A minimum of ten (10) percent of the interior of all parking lots shall be landscaped, in addition to any perimeter landscaping required by subsection (g) of this section. Shade trees are to be provided at approximately thirty (30) foot intervals along parking rows. LandscMe fingers shall be a minimum of 6-feet wide shall be provided every eight (8) parking s an ces• These landscaping requirements do not apply to parking lots that are underground or within buildings. (g) Screening. (1)From Residential Areas. Parking lots that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of five (5) feet and a six (6)foot high solid fence or wall. (2)From Streets. Parking lots abutting a public street shall be separated from the street right-of- way by a landscaping strip with a minimum width of fiA,+--ten { p- 10 feet; and, where parking spaces are arranged to head toward the street, by a minimum three (3)foot high solid fence decorative wall or landscape equivalent located on the parking lot side of the landscaping strip, 9-4.12544equk4d4andsGapIng. Landscape Standards. yfe—k-le 4tmily dweflings, rill (a) Minimum.Landscaped Area. (1)In the following zoning districts minimum landscape coverage based on the net site area are as follows: (i) Single-family zoning districts: none (see Chapter 5 for second unit landscaping requirements) (ii) Multi-family zoning districts:Twenty -five percent (2.5%) (iii) Commercial zoning districts (excluding Downtown Commercial): Ten percent (10/0) (iv) Industrial. zoning Five percent (5%) (v) Planned Development overlay zoning districts As required by the Master Plan of Development and Conditions of Approval.. (2) Determination of Landscape Coverage Area Landscape coverage area shall include all areas not covered by pavement or buildings including but not limited to open-space areas, planters, 101 ITEM NUMBER: B - 1 DATE: 09/13/05 and setback areas Decorative pavement used within a common open-space area for recreational purposes may be included in the landscape coverage calculation. (3) Criteria for Reduced Landscaping To encourage design excellence the Community Development Director Planning Commission or City Council (depending on approval process) may decrease the minimum landscaped area, upon the following criteria: (i) Professionally designed landscaping designs of special merit decorative site elements, and preserving existing mature native trees are highly encouraged and considered in an applicant's request to reduce required landscaping. (ii) The Community Development Director Planning Commission or City Council (depending on approval process) may grant a reduction of an applicant's landscape requirement by a total of up to fifty percent upon an appli.cant's demonstration of the criteria listed below_ (A)Retention of existing on--site-native trees with a minimum of 25°h canopy cover retained over the project site. (B) Use of decorative pavement material such as pavers or colored stamped concrete over a minimum of 25% of the paved area of the site. (C) Installation of a variety of tree and plant materials including ornamental species and native trees. (D)Use of box sized trees throughout the project site. (ab)Where Required.The sites of all projects requiring approval except for single-family dwellings, are to be landscaped as follows: f `i, (1) Setbacks. All setback areas required by Section 9.4.103 or Chapter 9-6. except where enclosed and screened from the view of public streets and adjoining properties by solid fencing in accordance with Section 9-4.128 and except where a required setback is traversed by a driveway or sidewalk. (2)Unused Areas. All areas of a building site not identified on a site planin a plan pl n -precise plan., 01-eenditional Use per-FR4 appliea�iofl as intended for a specific use or purpose, except where enclosed and blocked from the view of public streets by solid fencing and/or buildings. (3)Parking Areas. As required by subsections (f) and (g) of Section 9-4.119. (4)Trash Enclosures. All trash enclosures shall be screened with landscaping unless built into the building. (5) Street Trees. Street trees shall be provided along all. public and private street frontages at a minimum of 30-feet on center. (46) Special Use Sites. As required by Chapter 9-6 for specific land uses, for the purposes of screening, buffering or general landscaping. (57) Where Required by Conditions of Approval. As set forth in conditions of approval adopted pursuant to Section 9-2.109(c)(2). (8) A minimum 5-foot landscape strip must be provided within the side yard setback of all commercial and multi-family project sites except in locations where a reciprocal access easement exists with the adjacent lot or commercial building is located. This side yard width maybe reduced to 3-:feet if decorative concrete pavement is utilized. (13c) Exceptions to required landscaping- (1) Agriculture Zone. Except where required for a special use by Chapter 9-6, setback and unused area landscaping in accordance with subdivisions (1) and (2) of subsection (a)of this section is not required where such areas are cultivated or maintained in native vegetation. 102 ITEM NUMBER: B- 1 DATE: 09/13/05 (2) Planning Commission Modification.Where conditional use permit approval is required, the Planning Commission may waive, modify or increase the landscaping requirements of this section .„b,ec to ,lF, F„11„ F;R,ti,, c 4 -if a finding; can be made thatexisting vegetation topography or structural arrangement preclude the need for landscaping. 9-4.126 Standards for landscaping materials. Landscape , materials used, and their installation and maintenance is subject to the following provisions except single-family residences within a single-family residential zone: (a) Allowable Materials. Landscaping shall include some combination of the following materials, where appropriate to achieve the intended or required purpose of the landscaping (e.g., screening, etc.): (1) Trees, shrubs, groundcover, vines, flowers or lawns (drought resistant plantings are preferred in order to minimize water use for landscaping); (2)B,iek b - , f.'""be-, ` eeoi-atiy` i-oe-'Decorative Pavement mulch, decorative boulders. or other decorative materials , materials athei-than plaiitings, `ti-e not to e�neeed (40) per-eefl�Of the tatal afea of ;in accordance with landscape coverage standards listed in section 9-4.125. (3) Natural features such as rock outcrops; (4) Structural features including fountains, pools, =tw =k, walls and fences. (b)Excluded Materials. Landscaping proposed to satisfy the requirements of this title shall not include any plant materials which: (1)Have root structures, that in their mature state may damage or interfere with the normal use of existing public or private underground electrical lines, cables, or conduits, pipes or other underground structures; or public or private sidewalks, curbs, gutters or paved parking and turnaround areas, drainage improvements, or adjacent structures, foundations or landscape materials. (2) Will have diminished potential for survival because of proposed locations or grouping that do not satisfy the needs of the plant material necessary for healthy growth. (3) Because of proposed location and type, will create a potential hazard of brush or forest fire. (4) Will obstruct the vision of vehicle operators or pedestrians at points of intersection between pedestrian and vehicular traffic. (c) Irrigation Required. Where landscaping is required to be installed by Section 9.125, jr+j",qjefj, Bet - an automatic irrigation system, 2 .vshall be provided. Irrigation plans shall be included on landscape plans. (d) Concrete Curbing. Where landscaping is required to be installed by Section 9-4.125, such landscaping shall be enclosed by raised concrete curbing or an approved functional equivalent. (e) Timing of Installation. All required plantings shall be in place prior to final unless a bond is approved by the Community Development Director.befofe estab4islimefi� 4 a use ::4 (f) Proper Maintenance Required. All required plantings shall be maintained in good growing condition, and in any case where a required planting has not survived, shall be replaced with new 103 ITEM NUMBER: B - 1 DATE: 09/13/05 plant materials. A maintenance agreement may be recorded against the property in a form approved by the Community Development Director. Proposed Environmental Determination An Initial Study and proposed Negative Declaration for the project has been prepared with the recommended findings that there will be no significant adverse environmental impacts associated with the text amendments. Conclusion The proposed text amendments are consistent with the General Plan and which is implemented by the zoning ordinance. The proposed changes will clarify fencing, landscaping, and lot line adjustment requirements. The Planning Commission has recommended that the City Council certify the proposed Mitigated Negative Declaration. FISCAL IMPACT: The proposed zone text changes are expected to be revenue neutral to the City. ALTERNATIVES: 1. The City Council may make modifications to the text amendments. 2. The City Council may determine that more information is needed on some aspect of the text amendments and may refer the item back to 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. 3. The Council may deny the project. ATTACHMENTS: Attachment 1: Proposed Initial Study and Draft Negative Declaration Attachment 2: Engineer standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control Attachment 3: Draft Resolution A Attachment 4: Draft Ordinance A 104 ITEM NUMBER: B - 1 DATE: 09/13/05 ATTACHMENT 1: Proposed Initial Study and Draft Negative Declaration See Following 105 J1 11 # 1/ Lr _ - 2ij(i� UITY OF ATAS ADERO JLlLIRODEWAU) 1918 i 1 779 ,5., CDunV Clea.. \ CAD % COMMUNITY DEVELOPMENT DEPARTMENT '� Deputy NOTICE OF INTENT TO ADOPT PROPOSED NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN that the Environmental Coordinator of the City of Atascadero has completed a review of the following project and is proposing the following environmental determination: Applicant: City of Atascadero,6905 El Camino Real,Suite 6,Atascadero,CA 93422 Phone:805-461-5000 Project Title: Zone Change 2005-0100,Title 9 Planning and Zoning Text Amendments Project Minimum Landscape areas:all Residential Multi-Family and Commercial zones. Location: Reference Title 11 Chapter 6 into Title 9 Chapter I under Lot Line Adjustment:Citywide Fencing and Screening Standards:City-wide Project The project consists of a revision to portions of Title 9 Planning and Zoning, of the Atascadero Description: Municipal Code(AMC). The amendments include the following:define a minimum landscaping area applied to Residential Multi-Family and Commercial zoning designations(AMC 9-4.125);incorporate existing portions of Title 11 Subdivisions, Chapter 6 Flag Lots(deep lot subdivisions) into Title 9- 1.118 -1.118 and Title 9-4 for Lot Line Adjustments; and update fencing and screening standards(AMC 9- 4.128). Environmental Begins: June 28,2005 Review Dates: Ends: July 17,2005 Hearing Date: July 19,2005,7:00 p.m. Hearing Atascadero Lake Pavilion Location: 9315 Pismo Ave,Atascadero, CA 93422 Proposed Based on the initial study prepared for the project, a Negative Declaration is Environmental proposed. The proposed Negative Declaration is available for public review from Determination: 6/28/05 through 7/17/05 at 6905 El Camino Real, Suite 6,Community Development Department from 8:00 a.m.to 5:00 p.m., Monday through Friday. Any interested person may review the proposed Negative Declaration and project files. Questions should be directed to Lisa Wilkinson,Assistant Planner at 461-5000. i at St en G.McHarris,Deputy Community Development Director Date Sett Amend—LND.1—Ine Peat Dam:0&225320 PM 6905 EL CAMINO REAL,SUITE 6•ATASCADERO,CA 93422 • (805)461-5000 •FAX 461-7612 106 ■11pia 9!B, l 1979 CITY OF ATASCADERO PROPOSED NEGATIVE DECLARATION #2005-0043 6905 El Camino Real, Suite 6, Atascadero, CA 93422 805/461-5000 Applicant: City of Atascadero,6905 EI Camino Real,Suite 6,Atascadero,CA 93422 Phone: 805-461-5000 Project Title: Zone Change 2005-0100,Title 9 Planning and Zoning Text Amendments Project Minimum Landscape areas:all Residential Multi-Family and Commercial zones. Location: Reference Title 11 Chapter 6 into Title 9 Chapter 1 under Lot Line Adjustment:Citywide Fencing and Screening Standards:City-wide Project The project consists of a revision to portions of Title 9 Planning and Zoning, of the Atascadero Description: Municipal Code(AMC). The amendments include the following: define a minimum landscaping area applied to Residential Multi-Family and Commercial zoning designations(AMC 9-4.125);incorporate existing portions of Title 11 Subdivisions, Chapter 6 Flag Lots (deep lot subdivisions) into Title 9- 1.118 and Title 9-4 for Lot Line Adjustments; and update fencing and screening standards (AMC 9- 4.128). Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited,but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings,and the information contained in the initial study 2005-0043 (made a part hereof by reference and on file in the Community Development Department),it has been determined that the above project will not have an adverse impact on the environment. Prepared By: Lisa Wilkinson,Assistant Planner Date Posted: June 28,2005 Public Review Ends: July 17,2005 Attachments: Initial Study 2005-0043 Tett Amenda=tND.1w.dac Print Dam:0628N57:20 PM 6905 EL CAMINO REAL,SUITE 6 • ATASCADERO,CA 93422 • (805)461-5000 • FAX 4617612 107 1918 1979 CITY OF RTASCADERO INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Environmental Review 2005-0043 Applicant: City of Atascadero,6905 El Camino Real,Suite 6,Atascadero,CA 93422 Phone:805-461-5000 t Project Title: Zone Change 2005-0100,Title 9 Planning and Zoning Text Amendments Project Minimum Landscape areas:all Residential Multi-Family and Commercial zones. Location: Reference Title 11 Chapter 6 into Title 9 Chapter 1 under Lot Line Adjustment:Citywide Fencing and Screening Standards:City-wide Project The project consists of a revision to portions of Title 9 Planning and Zoning, of the Atascadero Description: Municipal Code(AMC). The amendments include the following: define a minimum landscaping area applied to Residential Multi-Family and Commercial zoning designations(AMC 9-4.125); incorporate existing portions of Title 11 Subdivisions, Chapter 6 Flag Lots (deep lot subdivisions) into Title 9- 1.118 and Title 9-4 for Lot Line Adjustments; and update fencing and screening standards(AMC 4.128). Lead.Agency Name City of Atascadero and Address: 6905 El Camino Real, Suite 6,Atascadero; CA 93422 Contact Person and Lisa Wilkinson, Assistant Planner Phone Number: City of Atascadero 6905 EI Camino Real, Suite 6 Atascadero, CA 93422 General Plan Citywide Designation: Zoning: Citywide Surrounding Land Citywide Uses and Setting: Other public agencies whose approval is required (e.g,,permits, financing approval,or participation agreement) 06128/05 Text Amendment.ND.IW.doc 108 �Tileo� •a m I� Iola ' p 1979 CIS OF ATAS�Z1DER 0 INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards&Hazardous ❑ Hydrology/Water Quality ❑ Land Use/Planning Materials F-1 Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a"potentially significant effect" or"potentially significant unless mitigated" impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, inclu 'ng revisions or mitigation measures that are imposed upon the proposed project. V Lisa Wilkinson Assistant Planner 06/28/05 Text Amendment.NDAw.doc 109 CITY OF ATASCADERD INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the information sources a Lead Agency cites following each question, A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g.the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based on project-specific factors as well as general standards(e.g.the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level,indirect as well as direct,and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made,an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measure: has reduced an effect from"Potentially Significant Impact"to a"Less than Significant Impact." The Lead Agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than significant level(mitigation measures from Section XVII, "Earlier Analyses,"may be cross-referenced). 5) Earlier analyses may be used where,pursuant to the tiering,program EIR, or other CEQA process,an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential impacts(e.g.general plans,zoning ordinances). Reference to a previously prepared or outside document should,where appropriate,include a reference to the page or pages where the statement is substantiated. A source list should be attached. Other sources used or individuals contacted should be cited in the discussion. Text Amendmen£.fl'ftWw.duc 0828105 110 CITY OF ATASCADERO INITIAL STUDY Potentially Less Than Less Than No Initial Study 2005-0043 Significant Significant with Significant Impact ZCH 2005-0100 Impact Mitigation Impact Incorporation Text Amendment 1.AESTHETICS--Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to,trees, rock outcroppings, and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? SOURCES: Project Description. DISCUSSION: 1.a)As proposed,the text amendments will clarify standards for fencing and Lot Line adjustments and provide minimum landscaping requirements. 1.b)The text amendments will not damage scenic resources. 1.c)The proposed text amendments will not affect light, glare,or views. 2.AGRICULTURAL RESOURCES:In determining whether impacts to agricultural resources are significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997)prepared by the California Dept.of Conservation as an optional model to use in assessing impacts on agriculture and farmland.Would the project: a) Convert Prime Farmland, Unique Farmland,or Farmland of Statewide importance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non- agricultural use? b)Conflict with existing zoning for agricultural use,or a F-1 ZZI Williamson Act contract? c) involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland,to non-agricultural use? SOURCES: Project Description,Land Use Element EIR. DISCUSSION 2.a. The affected zones are not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency as prime farmland. 2.b. The not affect any Williamson Act contract. 2.c. The project will not result in the conversion of farmland to non-agricultural uses. 3.AIR QUALITY--The significance criteria established by the Air Quality Control District in its CEQA Guidelines may 06/28/05 Page 3 Text Amendment.ND.1w.doc CITY OF ATASCADERG) INITIAL STUDS' Initial Study 2005-0043 Potentially Less Than Less Than No Significant Significant with Significant impact ZCH 2005-0100 impact Mitigation impact incorporation Text Amendment be relied upon to make the following determinations.Would the project: I a) Conflict with or obstruct implementation of the applicable air quality plan? b)Violate any air quality standard or contribute substantially 1 to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? SOURCES: Project Description, DISCUSSION: 3.a-e)The text amendment will not have an effect on current air quality standards. 4. BIOLOGICAL RESOURCES--Would the project: a) Have a substantial adverse effect,either directly or 1 through habitat modifications,on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat 171 or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh,vernal pool, coastal, etc.)through direct removal,filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e)Conflict with any local policies or ordinances protecting ❑ Z biological resources, such as a tree preservation policy or 06!28/0$ Page 4 Text Amendment.NDAw.doc 112 J. • • ""' CITY OF ATASCADERO iz INITIAL STUDY Initial Stud 2005-0043 Potentially Less Than Less Than No Study Significant Significant with Significant Impact ZCH 2005-0100 Impact Mitigation Impact Incorporation Text Amendment ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? SOURCES: Project description. DISCUSSION: 4.a-.f ) Fencing design and landscape standards will not have an effect on biological resources. Landscaping plans will be reviewed for conformance with city policy and environmental impacts. F5. CULTURAL RESOURCES--Would the project: a) Cause a substantial adverse change in the significance of 17 a historical resource as defined in'15064.5? b) Cause a substantial adverse change in the significance of ZZ an archaeological resource pursuant to'15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains,including those interred 17 outside of formal cemeteries? SOURCES: Project description. DISCUSSION: 5.a.b.c.d. The text amendments will not damage cultural resources. 6.GEOLOGY AND SOILS--Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Aiquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? 17 VN iii) Seismic-related ground failure, including 17 liquefaction? VN iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? 17 VN c) Be located on a geologic unit or soil that is unstable, or 17 that would become unstable as a result of the project, and 06/28/05 Page 5 Text AmendmentND.IW.doc 113 CITY OF ATASCADER,0) IIVITIAI.STUD-l" Initial Study 2005-0043 Potentiali Less Than Less Than No r Significant Significant with Significant impact ZCH 2005-0100 Impact Mitigation Impact Incorporation Text Amendment potentially result in on-or off-site landslide, lateral spreading,subsidence,liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B El Z of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES:Project description. DISCUSSION: 6.a-e).The text amendment will not have an effect on soil or geology. 7. HAZARDS AND HAZARDOUS MATERIALS--Would the project: a) Create a significant hazard to the public or the r environment through the routine transport, use,or disposal of hazardous materials? b) Create a significant hazard to the public or the1771 O environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result,would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area ❑ Z or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people living or working in the project area? f) For a project within the vicinity of a private airstrip,would the project result in a safety hazard for people living or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation pian? h) Expose people or structures to a significant risk of loss, injury or death involving wildiand fires,including where 06128/05 Page 6 Text Amendment.NDAw.doc 114 I 6ii CITY OFATASCADERO 15-116-0-1 INITIAL STUDY Initial Stud 2005-0043 Potentially Less Than Less Than No Study Significant Significant with Significant Impact ZCH 2005-0100 Impact Mitigation Impact Text Amendment Incorporation wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: Project description. DISCUSSION 7a-h.)The text amendment alone will not create an impact to hazards or hazardous materials. 8. HYDROLOGY AND WATER QUALITY--Would the project: a)Violate any water quality standards or waste discharge 1771 requirements? b)Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,the production rate of previously-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site El or area, including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e)Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f)Otherwise substantially degrade water quality? El I F1 g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h)Place within a 100-year flood hazard area structures that 177, would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) inundation by seiche,tsunami,or mudflow? SOURCES: Project description. DISCUSSION:The proposed text amendment alone will not create significant impacts to water resources. 06/28105 Page 7 Text AmendmenLND.iw.dcc 115 CITY OFATASCADERD INITIAL STUDY Initial Study 2005-0043 Potentially Less Than Less Than No Significant Significant with Significant impact ZCH 2005-0100 impact Mitigation Impact Text Amendment Incorporation Landscaping requirements will be reviewed at the project level and be subject to current city policy. 9. LAND USE AND PLANNING -Would the project: a) Physically divide an established community? ❑ ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or ❑ ❑ ❑ 171 regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or ❑ ❑ ❑ natural community conservation plan? SOURCES: Land Use Element; Circulation Element; project description; Land Use Element EIR. DISCUSSION: 9.-c.) The proposed text amendments will clarify existing standards and provide additional standards to projects and development review._ 10. MINERAL RESOURCES --Would the project: a) Result in the loss of availability of a known mineral ❑ ❑ ❑ resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important ❑ ❑ ❑ ❑ mineral resource recovery site delineated on a local general pian, specific plan or other land use plan? SOURCES: Project description. DISCUSSION: 10.a.b. The text amendment will not have an effect on mineral resources. 11. NOISE —Would the project result in: a) Exposure of persons to or generation of noise levels in ❑ ❑ ❑ Z excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ ❑ ❑ ground-borne vibration or ground-borne noise levels? c)A substantial permanent increase in ambient noise levels ❑ ❑ ❑ ❑ in the project vicinity above levels existing without the project? d)A substantial temporary or periodic increase in ambient ❑ ❑ ❑ 06/26/05 Page 8 Text Amendment.ND.IW.doc 116 CITY OFATASCADERO INITIAL STLIDY Initial Stud 2005-0043 Potentially Less Than Less Than No Study Significant Significant with Significant Impact ZCH 2005-0100 Impact Mitigation Impact Text Amendment Incorporation noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, 1771 where such a pian has not been adopted,within two miles of VN a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip,would ZI the project expose people living or working in the project area to excessive noise levels? SOURCES: Project description. DISCUSSION: 11 a-f.)The text amendments will not create additional noise levels inconsistent with current standards. 12. POPULATION AND HOUSING--Would the project: a) Induce substantial population growth in an area,either directly(for example, by proposing new homes and businesses) or indirectly (for example,through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, 17 necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the 17 construction of replacement housing elsewhere? SOURCES: Project description; General Plan Land Use Element. DISCUSSION: 12.a-c.) No persons will be displaced through this text amendment nor will it induce population growth. 13. PUBLIC SERVICES a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: Fire protection? Police protection? 06128/05 Page 9 Text AmendmeriM.lw.doc 117 CITY OFATASCAI?ERO' INITIAL STUDY Initial Study 2005-0043 Potentially Less Than Less Than No Significant Significant with Significant impact ZCH 2005-0100 impact Mitigation impact Incorporation Text Amendment Schools? 1771 Parks? Other public facilities? 17 SOURCES: Project description; Land Use Element EIR. DISCUSSION: The text amendments will not create additional impacts to city services. 14. RECREATION -- a)Would the project increase the use of existing 17 neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project description; Parks and Recreation Element. DISCUSSION: 14.a-b).The text amendments are not associated with the uses of recreational facilities. 15.TRANS PORTATIONITRAFFIC--Would the project: a)Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c)Result in a change in air traffic patterns,including either EI ❑ 11 Z an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature 171 (e.g., sharp curves or dangerous intersections) or incompatible uses(e.g.,farm equipment)? e)Result in inadequate emergency access? f) Result in inadequate parking capacity? 171F-1 LLJ 06rze105 Page 10 Text Amendment.NDJw.doc 118 r � CITY®FATASCADERO INITIAL STUDY Initial Stud 2005-0043 Potentially Less Than Less Than No l t11t y Significant Significant with Significant impact ZCH 2005-0100 Impact Mitigation Impact Incorporation Text Amendment g) Conflict with adopted policies, plans, or programs N supporting alternative transportation (e.g., bus turnouts, bicycle racks)? SOURCES: Land Use Element; Circulation Element; Project Description. DISCUSSION: 15a-f). The proposed text amendments will not create an impact on traffic or circulation. Fencing standards that require an Administrative Use Permit will be allowed in the in the Residential Suburban and Rural Estate zones, based on standards. F . UTILITIES AND SERVICE SYSTEMS--Would the oject: a) Exceed wastewater treatment requirements of the 0 applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water 1,7El drainage facilities or expansion of existing facilities,the ! construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the 17 project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g)Comply with federal, state,and local statutes and regulations related to solid waste? SOURCES: Project description; Land Use Element. DISCUSSION: No changes will be made to utilities and service systems. 17. MANDATORY FINDINGS OF SIGNIFICANCE-- a) Does the project have the potential to degrade the quality ZZI of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range 06/28/05 Page 11 Text AmendmentND.Iw.doc 119 CITY OF ATASCADERG) INITIAL STUDY Initial Stud 2005-0043 Potentially Less Than Less Than No Study Significant Significant with Significant Impact ZCH 2005-0100 impact Mitigation Impact Text Amendment Incorporation of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually n limited, but cumulatively considerable? ("Cumulatively El considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings,either VN directly or indirectly? DISCUSSION: The proposed text amendments will provide standards and clarification where needed. Additional fencing standards are proposed. Clarification will be provided for measuring fence and berm height. Amendments made to the landscaping requirements within the'Commercial and Multi-family zones will guide current development standards with minimum landscape areas. The addition of"Lot Line Adjustment"standards to the zoning ordinance will clarify requirements for land locked parcels. SOURCES: General Plan Land Use Element,City of Atascadero,2002 Zoning Ordinance,part of Municipal Code,City of Atascadero,as amended through 1999. Land Use Element Environmental Impact Report(Elft),Crawford,Multari,&Clark,adopted 2002 PROJECT SOURCES: Project Description 06128105 Page 12 Text AmendmentND.IW.doc 120 ITEM NUMBER: B - 1 DATE: 09/13/05 ATTACHMENT 2: Engineer standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control REVISIONS APPROVALS "'DESGIRJPTJDN'S B` DATE APPROVED 'COUNCIL RESOLUTION NO, 26-a.2 '311-0 .92 RAW— ETW �L L fi 01 All SIGHT _ 12` ETW OBSTRUCTION SIGHT OBSTRUCT fON;:(T'7P) (TYPICAL) R/VyLINE-OF SIGH3 I5 FROM A POINT 3'HIGH ON DRIVEWAY-T'..T A POINT 3' HIGH ON ROADWAY M,P.H. LENGTH 40 -30D 4A NO SIGHT OBSCURING OBJECTS. CUT BANKS, ETC,":OVER V iN HEIGHT SHALL BE::PERM=I D WITHIN.THE SIGHT TRIANGLE.;:`UTILITY POLES, ,;'OPENLY,SPACED°TREES"•WITH NO FOLIAGEwwER THAN-'8' AND TRAFFIC DEVICES ARE ALLOWABLE IF VISUAL OBSTRUCTION IS MINIMAL 13R�eWtJ Ry; CITY OF .AT?:SCADERO R A L ENGINEERING 'DEPAR7MEN7 DRAWING NO t7ES4GNEDBY- s.J. MINIMUM SIGHT DISTANCE FOR B Z z�ATE: s2 DRIVEWAYS AND INTERSECTING 414 FILE NAME ROADS WITH STOP CONTROL AT474.©WG 121 ITEM NUMBER: B - 1 DATE: 09/13/05 ATTACHMENT 3: Draft Resolution A Approval of Draft Negative Declaration DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED NEGATIVE DECLARATION 2004-0043 PREPARED FOR ZONE CHANGE 2005-0100 (Citywide/City of Ataseadero) WHEREAS, an application has been received from the City of Atascadero (6905 El Camino Real, Suite 6), to consider Zone Change Text Amendments to establish development standards for fence height, lot line adjustments affecting flag lots, and landscape requirements; and, WHEREAS, an Initial Study and Proposed Negative Declaration 2004-0043 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on July 19, 2005 following the close of the review period to consider the Initial Study and Proposed Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts; and, WHEREAS, the City Council of the City of Atascadero held a public hearing on September 13, 2005, following the close of the review period, to consider the Initial Study and Proposed Negative Declaration; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to certify Proposed Negative Declaration 2005-0043 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment; and, 122 ITEM NUMBER: B- 1 DATE: 09/13/05 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, 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: Wendy Scalise, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick Enright, City Attorney 123 ITEM NUMBER: B - 1 DATE: 09/13/05 Exhibit A Proposed Negative Declaration 2005-0043 Ir; .aM CITY OFATASCADERO PROPOSED .NEGATIVE DECLARATION #20054043 6905 E1 Camino Real,Suite 6,Atascadero,CA 93422 805/461-5000 Applicant, City ofAtascadero,6905 Ll Camino.Real,Suite-6,Atascadero,CA 93422 Phone:805.461.5000 ProjeetTitie: Zone Change 2005-0100,Title 9 Planning and ZoningTrxt Amendments Project Minimum Landscape ureas:all Residential Multi-Family and Commercial zones. Location: Reference Title I I Chapter6 into Title 9 Chapter 1 under Lot Line Adjustment:Citywide Fencing and Screening Standards:City widc Project The project consists of a revision to portions of Title'9 Planning and Zoning,of the Atascadero � Description: Municipal Code(AMC). The amendments include the following:define a minimum landscaping area applied to Residential Multi Family and Commercial zoning designations(AMC 9.4.125);incorporate existing portions of Title l I Subdivisions,Chapter 6 Flag Lots(deep lot subdivisions)into Title 9- 1.118 and Tille'9-4 for Lot Line Adjustments;sand update fencing,and screening standards(AMC 9- 4.12,11). 1 Findings: 1. The project does not have the potential to degrade tate environment 2. The project will not achieve short-semi to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited,but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings,and the information contained in the initial study 2005-0043{made a part hereof by reference.and on file in the ConununityDevelopment Department),it has been dew.rnmed that the above project will not have anadvetse impact on the environment. Prepared By: Lisa Wilkinson,Assistant Planner Date Posted: June 28,2005 Public Review Ends: July 17,2005 Attachments: Initial Study 2005-0043 I-Am A-"Ddw.ex PrFx.OxaoMw57 PM 6905 EL CAMINO REAL,SUITE 6•ATASCADERO,CA 93422 (805)46I.5000•FAX 461-7612 124 ITEM NUMBER: B - 1 DATE: 09/13/05 ATTACHMENT 4: Draft Ordinance A DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,AMENDING THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2005-0100 TO ESTABLISH DEVELOPMENT STANDARDS FOR FENCE HEIGHT, LOT LINE ADJUSTMENTS AFFECTING FLAG LOTS, AND LANDSCAPE STANDARDS (Citywide/City of Atascadero) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from the City of Atascadero (6905 El Camino Real, Suite 6), to consider Zone Change Text Amendments to establish development standards for fence height, lot line adjustments affecting flag lots, and landscape requirements; and, WHEREAS, an Initial Study and Draft Negative Declaration 2004-0043 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change 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 zoning text amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on July 19, 2005, studied and considered Zone Change 2005-0100, after first studying and considering the Draft Negative Declaration prepared for the project, and, 125 ITEM NUMBER: B -1 DATE: 09/13/05 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on September 13, 2005, studied and considered Zone Change 2004-0100,after first studying and considering the Proposed Negative Declaration prepared for the project; and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Text Change. The City Council finds as follows: 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The zone change will not, in itself, result in significant environmental impacts. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on September 13, 2005 resolved to introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-4.104 Exceptions to setback standards. The minimum setback requirements of this title apply to all uses except the following (see also Section 9-4.110): -40 Feiiees, hedges ef wallssi?i feet oi- less iii height ahok,e site finisk g.fade, when loe4ed in a . ; ,., .walls, to inelade , , hedges ', ; iiFA y (iii) At least eighty pefoent (80%) visibililywill he fetained thfabigh por-tions ofthe fenee that exeeed th.fee (= ) feet in height-an .. Ily ith _ _ 1 potential .,dyefs impae .,,, human health .,,,d sa4, ,t., (ea) Uncovered decks, terraces, steps, earthworks and other similar landscaping or design elements placed directly on finished grade that do not exceed an average height of thirty (30) 126 ITEM NUMBER: B - 1 DATE: 09/13/05 inches above the surrounding finished grade, provided that no such wood structure shall extend closer than eighteen (18) inches to a property line. 9-4.128 Fencing and screening. Standards for fencing and screening are established by this section to protect certain uses from intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between different land uses by visual screening. Fencing is the enclosure of an area by the materials identified in subsection (c) of this section. Screening is the enclosure of an area by a visual barrier, which may include solid fencing or other materials as specified in subsection (c) of this section, (a)Fencing and Screening: Where Required. Within the urban services line the uses and areas listed in this subsection shall be fenced and/or screened as indicated. Unless otherwise specified, fencing and screening are to be a minimum height of six (6) feet. Fencing and screening materials of a height greater than three (3) feet shall not be located within a required front setback or side setback adjacent to a street. (1)Mechanical Equipment.When located outside of a building, support equipment including air conditioning and heating devices, but not including plumbing or exhaust vents, or chimneys, shall be screened to the height of the particular piece of equipment, as follows: (i)Roof-mounted Equipment. To be screened by architectural features from the view of abutting streets. (ii)Equipment at Grade.When located on the ground adjacent to a building, mechanical equipment shall be screened by landscaping, a solid wall or fencing from the view of the street or surrounding properties. This subsection does not apply to single-family residential uses. (2) Outdoor Storage. To be screened on all sides by a wall or fencing. (3) Public Utility Substations. To be screened on all sides in a manner that will provide an effective visual barrier as well as the necessary safety clearances required by order of the California Public Utilities Commission. (4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be screened as follows: (i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and rear property lines of any nonresidential or nonagricultural use abutting a residential use or zone. (5) Swimming Pools. Yard areas with private swimming pools are to be fenced to discourage unsupervised access and use by small children. Such fencing is to be a minimum of four (4) feet high and equipped with a self-closing and self-latching gate. Latching devices are to be located at a minimum height of four(4) feet. Such fencing may be omitted where building walls abut the pool area, provided that the entire perimeter of the pool area is secured. (b)Exceptions to Fencing and Screening Requirements. (1)Buildings Abutting Property Lines. Required screening or fencing may be omitted along any lot line where a building wall exists immediately abutting the lot line. (2)Location Adjustment. Where property fencing or screening is required, the location may be adjusted(see Section 9-1.112 so the fencing may be constructed at or within the setback line, provided the areas between the fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative state. 127 ITEM NUMBER: B - 1 DATE: 09/13/05 (3) Planning Commission Modification. Any of the requirements of this section may be waived or modified through conditional use permit approval, provided the Planning Commission first finds that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. (c) Standards for Fencing and Screening Materials. All fencing and screening shall be wallowed as follows: 114 D<., mit to gqieeed Ne ght (`en itioii ,1 use pe mit appi-(A,al egti ec1 whefe fen nn is (2) r ,,e tion r_enei. ,,. shall iie! be lesated .•4 •. fencing, thi-ee (3 i Pent iess iiq 1hei Rt ��V3 � �) 3.i 13.LV \�r� 1VL.l 1./1. IVJJ l.11 3fVlylll. (*1) Height. Fence and screen height shall be permitted as follows: (i) RS IRR/RS:F-Z Zones a. IFencing within a required front or corner vard setback e-a*may be up to 5 feet in height provided that the top two feet remain a minimum of 80% visibility. The fence shall not impair safe sight distance for vehicular traffic nor result in any potential adverse impact on human health and safety (refer to Engineering Standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control). b. IFencing within a required side or rear setback may be a maximum of 6-feet in height. (ii) RSF-Y/RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF-16 a. fencing within a required front or corner yard setbacl can be a maximum of 3-feet in height. b. fencing within a required side or rear yard setback shall be a maximum of 6-feet in height. (iii) Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet in height. .fenees, 1 E.eated within i-eqair-ed setbaek lines . ✓, be twelve (12) feet iii Q-4--te—ilaosts afld.othef s ght. (iv) Height .Measurement. -Fencing and screening materials shall be measured from the finished grade of the uphill lot. (2) Permit to Exceed Height. An Administrative Use Permit approval is required where fencing is proposed to be greater than six (6) feet in height. -(4.3) Screening Materials Substitution. Where screening is required to be a solid wall or fence, the following materials may be substituted through adjustment (see Section 9-1.112), except where screening is required adjacent to a residential use or zone: (i)Landscape Screen:Screening plant materials may be substituted for a wall or fence, where: (A)Proposed plant materials are certified in writing by a registered landscape architect as having the capability of achieving sixty (60) percent of total view blockage within eighteen (18) months of planting, and one hundred(100)percent of total view blockage within thirty-six (36) months of planting; and (B)The applicant agrees in writing to install solid fencing after the expiration of thirty-six (36) months, in the event that the landscaping has not totally blocked the view of areas required to be screened. (ii) Berms. A landscaped berm may be substituted for a wall or fence provided that the combination of berm and landscaping is no less than the required height of the fence or wall, and that the berm is constructed with a maximum slope of 3:1, with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest 128 ITEM NUMBER: B-1 DATE: 09/13/05 point of the berm, extending the length of the berm. The berm shall be planted with shrubs, lawn or groundcover. (iii) Slatted Chain-link fencing. Vinyl coated chain-link fencing with 1-edweod slu+severgreen landscape screen planting may be substituted for a solid wall or fence in commercial and industrial zones except where screening fencing is required adjacent to residential uses and zones. 9-4.164 Lot Line Adjustment Review for Flag Lots. (a) The adjustment of all property lines containing a flag lot shall be permitted in accordance with the following design standards. (1) The original lot shall have frontage on a dedicated street. (2) The accessway to the rear lot shall be at least twenty (20) feet wide (developed to City standards)for residential zones except where the accessway is more than one hundred fifty (150) feet longi it shall be at least twenty-four (24) feet wide with twenty (20) feet of pavement. For all other zones the accessway shall be at least thirty (30) feet wide with a paved,roadway at least twenty-four(24)feet wide. (3) The lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it. (4) Lots utilizing the accessway of a flag lot may be required to enter into a road maintenance agreement to insure perpetual maintenance and repair of the accessway. 9-4.116 Location of parking on a site. Required parking spaces may be located as needed on a proposed site, subject to the design and construction standards of Sections 9-4.117 and 9-4.119 and the following: (a) Use of Front Setback. Required parking spaces are not to be located within the required front setback, - (b) Use of Side and Rear Setbacks. Side and rear setbacks may be used for vehicle parking except on the street side of a corner lot and except where landscaping is required by section 9- 4.125. 9-4.119 Parking lot construction standards. All parking areas containing three (3) or more off-street parking spaces are to be improved as follows, except as otherwise provided by this section. (a) Surfacing. All parking areas are to be surfaced with an asphalt, concrete, chip seal, or crushed rock surface, as specified in the following chart or as required b�proper ty development standards listed in this code. Where concrete or asphalt are required, brick or other masonry paving units may be substituted, including ply, , ,� turf block. Minimum Required Surface Parking Lot Turnover 129 ITEM NUMBER: B - 1 DATE: 09/13/05 Location High Medium :Low __.._. Inside urban 'Asphalt or Asphalt or Asphalt or services line concrete concrete r concrete Outside urban Asphalt or Asphalt or Crushed rock services line j concrete i concrete or chip seal (b) Dining and Marking. Parking spaces in paved parking areas shall be marked with paint striping, a minimum of two (2) inches in width. Parking spaces in other types of lots may be identified by wheel stop barriers. (c) Wheel Stops. Wheel stops or continuous concrete or asphalt curbing are required in all parking lots to define the perimeter of the parking area and to protect landscaping from vehicle encroachment. In addition, wheel stops are required for each parking space in a high turnover parking lot. Wheel stops shall be provided as follows: (1) Materials and Installation. Wheel stops shall be constructed of concrete, continuous concrete curbing, asphalt, timber, or other durable material not less than six (6) inches in height, or an approved functional equivalent. Wheel stops are to be securely installed and maintained as a safeguard against damage to adjoining vehicles, machinery or abutting property. (2) Setback. Wheel stops or other vehicle barriers shall be located approximately three (3) feet from the front of the parking space. (3)Functional Equivalent. Wherever possible, functional equivalents in the form of raised sidewalks or curbs surrounding planters or similar may be used in lieu of wheel stops. (d) Vertical Clearance. Covered parking spaces are to have a vertical clearance of at least seven (7) feet six (6) inches above the parking lot surface for all uses except residential. (e) Slope. The finished grade of a parking lot is not to exceed five (5) percent slope, unless approved by adjustment (Section 9-1.112). (f)Landscaping. A minimum of ten (10)percent of the interior of all parking lots shall be landscaped, in addition to any perimeter landscaping required by subsection (g) of this section. Shade trees are to be provided at approximately thirty (30) foot intervals along parking rows. Landscape fingers shall. be a minimum.of 6-feet wide shall be provided every eight (8) parking spaces. These landscaping requirements do not apply to parking lots that are underground or within buildings. (g) Screening. (1)From Residential Areas. Parking lots that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of five (5) feet and a six (6) foot high solid fence or wall. (2)From Streets. Parking lots abutting a public street shall be separated from the street right-of- way by a landscaping strip with a minimum width of#;i-v,—ten (5-LLQZfeet; and, where parking spaces are arranged to head toward the street, by a minimum three (3) foot high solid fence decorative wall or landscape equivalent located on the parking lot side of the landscaping strip, V rh; U 111dTL ape- t, _r (3) fent higk. 9-4.12 Landscape Standards. 130 ITEM NUMBER: B - 1 DATE: 09/13/05 The situ o ail rte.-e-je i -equiffn— appfey l exee t fei- singlePanii1y rl.r nll;i rrn ai-e 110 be (a) .Minimum Landscaped Area. (1)In the following zoning districts minimum landscape coverage based on the net site area are as follows: (i.) Single-family zoning districts: none (see Chapter 5 for second unit landscaping requirements) (ii) Multi-family zoning districts: Twenty—five percent(25%) (iii) Commercial zoning districts (excluding Downtown Commercial): Ten percent (10%) (iv) Industrial. zoning districts: Five percent (5%) (v) Planned Development overlay zoning districts: As required by the Master Plan of Development and Conditions of Approval. (2) Determination of Landscape Coverage Area. Landscape coverage area shall include all areas not covered by pavement or buildings including but not limited to, open-space areas, planters, and setback areas. Decorative pavement used within a common open-space area for recreational purposes may be included in the landscape coverage calculation. (3) Criteria for Reduced Landscaping. To encourage design excellence, the Community Development Director Planning Commission or City Council (depending on ap rp oval process) may decrease the minimum landscaped area, upon the following criteria: (i) Professionally designed landscaping designs of special merit decorative site elements, and preserving existing mature native trees are highly encouraged and considered in an applicant's request to reduce required landscaping. (ii) The Community Development Director, Planning Commission, or City Council (depending on approval process) may grant a reduction of an applicant's landscape requirement by a total of up to fifty percent upon an applicant's demonstration of the criteria listed below: (A) Retention of existing on-site native trees with a minimum of 25% canopy cover retained over the project site. (B) Use of decorative pavement material such as pavers or colored stamped concrete overaa minimum of 25% of the paved area of the site. (C) Installation of a variety of tree and plant materials including ornamental species and native trees. (D) Use of box sized trees throughout the project site. (ab)Where Required.The sites of all projects requiring approval, except for single-family dwellings, are to be landscaped as fol.lows:4=aflE[seETiiig is to be i ,- : (1) Setbacks. All setback areas required by Section 9.4.103 or Chapter 9-6. except where enclosed and screened from the view of public streets and adjoining properties by solid fencing in accordance with Section 9-4.128 and except where a required setback is traversed by a driveway or sidewalk. (2) Unused Areas. All areas of a building site not identified on a site plan _ ,, intended fora specific use or purpose, except where enclosed and blocked from the view of public streets by solid fencing and/or buildings. (3) Parking Areas. As required by subsections (f) and (g) of Section 9-4.119. (4) Trash Enclosures. All trash enclosures shall be screened with landscaping unless built into the building. (5) Street Trees. Street trees shall be provided along all public and private street frontages at a minimum of 30-feet on center. 131 ITEM NUMBER: B - 1 DATE: 09/13/05 (46) Special Use Sites. As required by Chapter 9-6 for specific land uses, for the purposes of screening, buffering or general landscaping. (47) Where Required by Conditions of Approval. As set forth in conditions of approval adopted pursuant to Section 9-2.109(c)(2). (8) A minimum 5-foot landscape strip must be provided within the side yard setback of all commercial and multi-family project sites except in locations where a reciprocal access easement exists with the adjacent lot or commercial building is located. This side yard width may be reduced to 3-feet if decorative concrete pavement is utilized. (bc)Exceptions to required landscaping- (1) Agriculture Zone. Except where required for a special use by Chapter 9-6, setback and unused area landscaping in accordance with subdivisions (1) and(2) of subsection (a) of this section is not required where such areas are cultivated or maintained in native vegetation. (2)Planning Commission Modification. Where conditional use permit approval is required, the Planning Commission may waive, modify or increase the landscaping requirements of this section su4jeet to the P)Il,,,. ,,,. 4)-if a finding can be made that E*�, =existing vegetation topography or structural arrangement preclude the need for landscaping. 9-4.126 Standards for landscaping materials. LandscapeWhefe landsoaping' 4. materials used and their installation and maintenance is subject to the following provisions, except single-family residences within a single-family residential zone: . (a) Allowable Materials. Landscaping shall include some combination of the following materials, where appropriate to achieve the intended or required purpose of the landscaping (e.g., screening, etc.): (1) Trees, shrubs, groundcover, vines, flowers or lawns (drought resistant plantings are preferred in order to minimize water use for landscaping); (2)Tyrie' b„4 tingbe deep 46ye ^& Decorative Pavement, mulch, decorative boulders, or other decorative materials, i - a e �;in accordance with landscape covera�Tc standards listed in section 9-4.125. (3)Natural features such as rock outcrops; (4) Structural features including fountains, pools, ai:twafkp�gnds, walls and fences. (b)Excluded Materials. Landscaping proposed to satisfy the requirements of this title shall not include any plant materials which: (1) Have root structures, that in their mature state may damage or interfere with the normal use of existing public or private underground electrical lines, cables, or conduits, pipes or other underground structures; or public or private sidewalks, curbs, gutters or paved parking and turnaround areas, drainage improvements, or adjacent structures, foundations or landscape materials. (2) Will have diminished potential for survival because of proposed locations or grouping that do not satisfy the needs of the plant material necessary for healthy growth. (3) Because of proposed location and type, will create a potential hazard of brush or forest fire. (4) Will obstruct the vision of vehicle operators or pedestrians at points of intersection between pedestrian and vehicular traffic. 132 ITEM NUMBER: B - 1 DATE: 09/13/05 (c) Irrigation Required. Where landscaping is required to be installed by Section 9.125, e.apg. an automatic irrigation system. ' , shall be provided. Irrigation plans shall be included on landscape plans. (d) Concrete Curbing. Where landscaping is required to be installed by Section 9-4.125, such landscaping shall be enclosed by raised concrete curbing or an approved functional equivalent. (e) Timing of Installation. All required plantings shall be in place prior to final unless a bond is approved by the Community Development Director.14erofe , hr sh n, ofause or-•issuan6e of (f) Proper Maintenance Required. All required plantings shall be maintained in good growing condition, and in any case where a required planting has not survived, shall be replaced with new plant materials. A maintenance agreement may be recorded against the property in a form approved by the Community Development.Director. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. 133 ITEM NUMBER: B - 1 DATE: 09/13/05 INTRODUCED at a regular meeting of the City Council held on and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO By: Wendy Scalise, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick Enright, City Attorney 134 ITEM NUMBER: B-2 DATE: 09/13/05 1918 1979 CAD Atascadero City Council Staff Report - City Manager's Office TEFRA Hearing Housing Authority Request for Permission to Increase the Bonding Amount for Senior Housing Project at 9705 EI Camino Real RECOMMENDATION: Council adopt the Draft Resolution allowing the Housing Authority of the City of San Luis Obispo to issue additional tax-exempt bonds to assist in financing their Atascadero Senior Apartment project. DISCUSSION: Federal tax law applicable to the financing of multifamily rental housing requires that, in order for housing financing to be tax-exempt, an elected body must approve the financing following a public hearing. On November 23, 2003, the City Council held a public hearing on the Housing Authority's proposed financing of the Atascadero Senior Housing apartments and approved a borrowing by the Housing Authority to finance the project. On April 22, 2004, the Authority borrowed $1,592,507 from Mission Community Bank to finance the project. Due to unforeseen events, the costs of constructing the project have increased and the Housing Authority now would like to borrow an additional $907,493 from the Bank to provide funds to complete the financing of the project. In order for the additional borrowing to be tax-exempt, the Housing Authority needs the City Council to hold another public hearing regarding the additional financing and to adopt a Resolution approving the additional borrowing following the public hearing. FISCAL IMPACT: None. There is no financial participation or liability, direct or indirect, by the City in this project. • 135 ITEM NUMBER: B-2 DATE: 09/13/05 ALTERNATIVES: • 1. Do not approve the requested financing. Given the clear relationship between the purpose of this financing and the City's adopted housing goals, this option is not recommended. 2. Defer consideration of the request. Due to the time requirements for this financing, this option is not recommended. ATTACHMENT: 1. Draft Resolution 136 ITEM NUMBER: B -2 DATE: 09/13/05 Draft Resolution DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING THE BORROWING OF FUNDS BY THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO FOR THE PURPOSE OF PROVIDING ADDITIONAL FINANCING FOR A RESIDENTIAL RENTAL HOUSING FACILITY SPONSORED BY THE SAN LUIS OBISPO NON-PROFIT HOUSING CORPORATION WHEREAS, the Housing Authority of the City of San Luis Obispo (the "Authority") is authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California, as amended (the "Law"), to make loans for housing purposes specified in the Law; and WHEREAS, on November 25, 2003, the City Council of the City of Atascadero (the "City") adopted Resolution No. 2003-067 approving the borrowing of funds by the Authority in order for the Authority to make a loan to Atascadero Senior Housing, a California limited partnership (the "Borrower") of which the San Luis Obispo Non-Profit Housing Corporation is the general partner, in connection with the financing of a 19 unit residential rental housing facility known as Atascadero Senior Housing (the "Project") located at 9705 El Camino Real in the City; and WHEREAS, on April 22, 2004, the Authority issued a note in the principal amount of up to $1,592,507 to provide financing for the Project, but the Authority and the Borrower have determined that additional funds in the amount of $907,493 (the "Additional Financing") are now needed to complete the construction of the Project; and WHEREAS, the Borrower has requested that the Authority use its powers under the Law to borrow monies (the "Housing Authority Loan") for the purpose of providing the Additional Financing to enable the Borrower to complete the Project; and WHEREAS, a portion of the housing units in the Project will be rented to persons and families of very low income as required by the Law and the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the instrument (the "Bond") evidencing the Housing Authority Loan will be considered to be a "qualified exempt facility bond" under Section 142(a) of the Code, and Section 147(f) of the Code requires that the "applicable elected representative" with respect to 137 ITEM NUMBER: B 2 DATE: 09/13/05 the Authority approve the borrowing consisting of the Housing Authority Loan evidenced by the Bond following the holding of a public hearing with respect thereto; and WHEREAS, the Authority has determined that the City Council of the City is the "applicable elected representative" to approve the Housing Authority Loan and the Bond; and WHEREAS, notice of said public hearing has been duly given as required by the Code, and the City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the location, operation and financing of the Project and the Authority's borrowing consisting of the Housing Authority Loan evidenced by the Bond, and the Authority's loan of the proceeds thereof to the Borrower; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance b the Authority of the Bond and the Additional Financing to be provided PP Y Y g to the Borrower with the proceeds thereof, for the purpose of financing the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero, as follows: Section 1. The City Council of the City of Atascadero hereby approves the Housing Authority Loan and the issuance of the Bond by the Authority under the Law and the Code for the purpose of providing the Additional Financing to the Borrower to enable the Borrower to finance the Project. Section 2. The foregoing approvals and consent shall in no way obligate the City to take any actions related to the Project, including but not limited to any land use or building approvals, and shall in no way obligate the City to make any contribution or payment with respect to the Housing Authority Loan or the Project Loan. The City shall have no liability whatsoever with respect to the financing of the Project or the repayment of any loan with respect thereto. Section 3. This Resolution shall take effect immediately upon its adoption. 138 ITEM NUMBER: B - 2 DATE: 09/13/05 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: Wendy Scalise,Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Patrick L. Enright, City Attorney 139 ITEM NUMBER: C-1 DATE: 09/13/05 ..BI E N No i9is i ire C3D�� Atascadero City Council Staff Report City Manager's Office City Council Strategic Initiative —Improve the City's Financial Condition —Community Education Program and Report on Survey Results RECOMMENDATIONS: Council: 1. Direct staff to continue with public education efforts; and, t2. Appropriate an additional $60,000 from the General Fund Reserve to fund public education initiatives; and, I Authorize the City Manager to enter into an agreement with the Lew Edwards Group for a public information program. REPORT-IN-BRIEF: The Council's second major goal is to increase City revenues and stabilize the City's financial condition. This is being accomplished in a variety of ways, most recently by adopting community facilities districts for new development and pursuing new retail businesses and hotels. Another component of this Council-directed goal, is to determine the levels of services citizens desire, and if they are willing to maintain or enhance those service levels through 'additional taxes. This report explores this component further. At the January 11, 2005 Council meeting, the City Council began to implement their second goal by directing staff to conduct a scientifically valid poll to determine levels of support for a special tax or assessment for specific purposes such as road maintenance and public safety. Working with the research firm of Godbe Research and Analysis, staff developed the survey instrument. At the June 14, 2005 Council meeting, the Council directed staff to place a question on the survey regarding the feasibility of a general sales tax measure. Additionally, the Council appropriated funds for a 'public opinion consultant to review the completed survey instrument and analyze results. 140 ITEM NUMBED: C - 1 DATE: 09/13/05 A random sample of 500 people was selected from registered voters likely to vote in the November 2006 election. This is the next date that a general tax could be placed on the ballot. The polling was conducted successfully and initial results show satisfaction with City services and support for a sales tax increase of up to '/2 cent. While polling is the initial step in giving the City base information, the public process is much more expansive. The sales tax measure gives the community an opportunity to voice their opinion on future City service levels. Atascadero historically has not had strong retail sales or hotel room base -and with the current local government finance system that leaves the City under funded. Municipal services have suffered with fewer maintenance, police and fire positions than would be expected for the size and population of the community. The community has voiced some concern in this area and the Council is considering options. The community could approve a sales tax increase which would strengthen road maintenance and public safety or deny the sales tax measure which would keep the City generally on its current course. As we have seen and forecasted,along with most cities in the State, municipal finance will become more difficult as revenues are outpaced by expenditures or the expected service levels of the community. This problem is exaggerated by the State's ability to push their fiscal problems into the community. The public process must educate the public on how cities are financed, how much City services cost, and the impact to residents if current service levels aren't maintained. The Council will need to decide whether or not to proceed with further public education and outreach. This report summarizes the results of the community survey, provides an update on how other county cities are proceeding with the sales tax issue and reviews options for a voter education program. DISCUSSION: Ensuring Financial Stability and Service Levels Residents Desire At the last City Council strategic planning meeting, the Council established five specific goals that would drive the City's work efforts. The number two goal was to increase City revenues and stabilize the City's financial condition. This broad goal consists of several specific components including; o making new development pay its fair share by implementing community facilities districts; o implementing changes recommended in the employee budget savings .plan where employees worked together to trim approximately $500,000 from the City budget; o pursuing new sales-tax generating commercial development and new hotels; o revitalizing downtown Atascadero; o adopting a fee schedule that recovers the cost of discretionary City services such as plan checks, building inspections and recreation fees; and, o looking into other locally generated revenue sources such as assessments and taxes for services. 141 ITEM NUMBED: 0- 1 DATE: 09/13/05 The City has made significant progress in each of these areas and is not alone in pursuing assessments and taxes. Several other cities in the county already have locally generated revenues including assessment districts and utility user's taxes. Additionally, several cities are looking into adjusting their sales tax rates. When raising taxes, the policy question before the voters isn't whether or not they want to pay more in taxes, the question is whether or not they are satisfied with their service levels. In other words, do they want to pay for more services, leave them the same, or allow them to be reduced as costs increase? One of the best ways to measure voter preferences is through community polling and an aggressive public outreach/education campaign. Survey Results In response to the Council's goal, staff selected Godbe research and analysis to conduct a voter preference survey. The survey questioned 500 likely voters by telephone during the week of July 7-13. Voters were randomly pulled from 10,346 individuals likely to vote in the November 2006 general election. The results are scientifically valid and have a margin of error of +/- 4.28%. The margin of error places results within the 95% confidence interval, a measure that indicates that the information provided is reliable. The survey's research objective was fourfold: 1. To determine the level of support for a tax or assessment measure to maintain and improve City services, such as public safety and road maintenance; 2. To identify which financing mechanism was most favorable to voters; 3. To identify the tax threshold level at which voters are willing to support the measure, and; 4. To identify projects and services that are most important to voters and determine voter attitudes towards City services. Importance of Community Issues One of the first questions in the survey dealt with the importance of various community issues. Residents were asked whether each issue was extremely important (3 points), very important (2 points), somewhat important (1 point) or not important at all (0). Results were then converted to a mean score that demonstrates their relative importance to one another. The chart below summarizes the issues most important to residents: COMMUNITY ISSUES SCORE Maintaining Fire Protection Services 2.25 Maintaining Police Services 2.11 Addressing State Budget Cuts 1.83 Improving Local Streets and Roads 1.82 Maintaining Parks and Recreation Facilities 1.81 Preserving Open Spaces 1.79 Preventing Local Tax Increases 1.65 Easing Traffic Congestion 1.49 Constructing and Maintaining a Swim Complex 10.79 142 ITEM NUMBER: C- 1 DATE: 09/13/05 Some conclusions can be made from the survey data. First, maintaining the City's public safety services is very important to most all of those surveyed. Protection of public safety scored well above the next set of issues that were lumped close together. Second, there were several other issues more important than preventing tax increases. This issue is not of major concern to the voting population. Satisfaction with City Services The next question focused on the satisfaction residents have with City services. Respondents were asked, "Generally speaking, are you satisfied or dissatisfied with the job the City of Atascadero is doing to provide services?" The following chart illustrates the result: DK NA 1.4% Very Very dissatisfied /satisfied 6.2% 30.5% Somewhat Somewhat dissatisfied satisfied 15.1% 46.8% Satisfied 77.3% Over three-quarters of residents are satisfied with the services the receive from the q Y City. Amongst communities who conduct such polling, this is a good response. The number of residents that said they are "somewhat satisfied" as opposed to "very satisfied" is a bit disconcerting. Understanding why nearly half of all residents are only somewhat satisfied would be a central part of any further resident education and outreach efforts if such efforts are directed to continue. Ballot Test- General Sales Tax Several cities throughout the county, including the cities of Paso Robles and San Luis Obispo are considering changing their local sales tax rate. The sales tax rate for San Luis Obispo County is currently the lowest in the state. Recent polling in San Luis Obispo has indicated voter support for an increase to the sale tax rate. Unlike property taxes, sales taxes are paid by a greater distribution of the population (including homeowners, renters, businesses and tourists), they are paid based on consumption (those who can afford to spend more pay more), and they are paid incrementally instead of in a lump sum. Respondents were asked whether or not they would be supportive of an increase in the sales tax rate. The City Council had previously directed staff to phrase survey questions as closely to the real ballot question as possible. The survey took this into account. Respondents were asked a question that could ultimately end up being the ballot question. They were asked, "To help preserve and protect the safety and character of Atascadero, with a priority on funding essential services such as police, fire, crime prevention and street and park maintenance, as well as other city services, shall the City of Atascadero authorize a sales increase of a half cent?" 143 I ITEM NUMBER: 0-1 DATE: 09/13/05 The results are shown in the following chart: Probably no 12.5% Probably yes 28.4% Definitely no Definitely yes 29.0% 27.0% Don't know 3.1% Total Support 55.4% Under Proposition 218, a sales tax as described above would be considered a general tax and would require a majority vote to pass. The polling indicates that at 1/2 cent, 55% of likely voters would be supportive. Of the 55% of respondents that are supportive, voters are evenly split between "definitely' supporting the measure and "probably" supporting the measure. If voter education and public dialogue continues, one of the results from such an effort could be that as voters better understand how cities are financed, how much services cost, and how much the state has taken from the City, voters may indicate stronger levels of support. While the 55% level of support is encouraging, nearly one-third of likely voters indicated that they definitely were against any sort of tax increase. This indicates that if such a measure moves forward, there could be an active resistance to the measure. Ballot Test- Parcel Tax Respondents were also asked whether they would be supportive of a parcel tax placed on all parcels throughout the City. Specifically, the question was, "To protect and improve essential police, fire, paramedic, crime prevention and youth safety services, to fill potholes, repair and maintain City/residential streets, reduce traffic congestion and Improve local parks, open space and recreational facilities shall the City of Atascadero authorize a local property tax increase of $127 per parcel?" The results are reflected in the chart below: Probably no 15.5% Probably yes uk 19.7% Definitely no Definitely yes 41.906 418.4% Don't know 4.5% Total Support 38.1% 144 ITEM NUMBER: 0- 1 DATE: 09/13/05 Under Proposition 218, a parcel tax of this nature would likely be construed as a special tax subject to a 2/3 vote of property owners. As the chart indicates, support was only 38%, hardly enough to consider such a measure. Those definitely against the measure, 42% of respondents, outnumbered overall supporters by 4%. Support did increase at lower assessment levels but these levels would not raise enough revenue to adequately support public safety and other municipal services. The following chart illustrates levels of support at lower annual tax amounts: 100% 80% 60% 0 Probably yes 40% - 20.8% 21.2% 7777777 20% Definitely yes 0% $110 $93 $76 At this point in time it appears that consideration of a special tax, assessment, or parcel tax would not be supported by voters and consideration of such an alternative should not continue at this time. Influence of Spending Projects When considering whether or not to support a tax, respondents were asked which issues or projects would make them more or less likely to consider support for a tax. Such a question is important to determine which services are most important to voters. Once again responses were scored by response with "much more likely" receiving two points, "somewhat more likely" receiving one point and "no effect" receiving 0. The mean scores shown below allow for a relative comparison between results. The following table illustrates the responses: PROJECT SCORE Fill of-holes to improve road safety 1 .03 Maintain and improve major streets, such as EI Camino Real 0.93 and Morro Road Increase Paramedic Services 0.87 Hire more fire fighters 0.87 Improve youth safety and recreation programs 0.86 Improve 9-1-1 response times 0.84 Hire more police officers 0.81 Acquire and preserve open space and undeveloped lands in 0.80 and around the Cit Add more baseball fields, soccer fields, and family recreation 0.61 areas to local parks 145 _i ITEM NUMBER: � 1 DATE: 09/13/05 In this list of responses, road maintenance appeared to be the item voters would most like to see addressed if additional revenues were raised through a general tax. Public safety appeared in the second band. This discrepancy from the levels of support public safety received on the question regarding the importance of community issues could be explained by the way the question was phrased. Voters may perceive road maintenance, such as filling pot-holes and improving streets, as a maintenance function of the City and not as a new program or service. Voters are more likely to support a tax increase to maintain service levels, not to add to them. The public safety questions listed above included the words "improve" and "hire more". Voters may be reacting to these words and not to their actual preference in maintaining public safety services. Recap of Key Messages Several key messages have arisen from the voter polling. These include: • If new moneys become available maintaining the level of public safety services and fixing streets are most important to residents. • There is support for an increase to the sales tax of up to 1/2 cent, but residents aren't interested in a parcel tax at this moment. • Residents are more interested in maintaining quality services than adding new services. What Other County Cities are Doing During the past several years, the state of California has taken millions of dollars from local governments used for critical services and the funding has never been returned. This, along with new government mandates, homeland security costs, and increased citizen demand and expectations, has made it necessary for cities to consider local tax initiatives. Atascadero is not alone in considering additional revenue measures. Several cities throughout the county have already enacted local taxes on utilities or citywide assessment districts for specific purposes, including the cities of Paso Robles, Grover Beach, and San Luis Obispo. Several cities in San Luis Obispo County are discussing the concept of increasing their sales tax rates to preserve critical services such as public safety, and road and park maintenance. The concept being discussed is that all cities would place a measure on the November 2006 ballot to raise sales tax by either a '/a cent or a 1/2 cent. Locally generated taxes are important in that they are one of very few sources of revenue that the state cannot take away. The City of San Luis Obispo, the region's leading sales tax producer, has decided to move forward with a general sales tax increase ranging from '/a cent to '/2 cent. In preparation, the City hired a pollster and a public opinion and research firm to determine levels of support. Results have determined that almost 60% of residents would support an increase in the sales tax. Paso Robles and Morro Bay are also actively looking into an increase in the sales tax by having discussions at the council level and looking into voter education efforts. Staff is in communication with each of the neighboring cities. If Atascadero was to raise its sales tax rate, it would not want to be alone. 146 ITEM NUMBED: C- 1 DATE: 09/13/05 Next Step- Continued Public Education Based on the survey results and the activities of other local cities there are several next steps the Council may wish to take. These include: • Sharing survey information with members of the community; • Expanding on public education efforts with the goal of: 1. Further understanding voter preferences 2. Educating residents on how cities are financed 3. Educating residents on City operating costs 4. Identifying the impact of the state fiscal crisis on the City 5. Reviewing opportunities and challenges facing the City • Continuing to closely monitor the actions of other agencies in the County. Public education is critical to the success of any tax increase. Voters are more inclined to support a tax if they understand how the funds will be used,how the City is currently spending money, and how much services actually cost. Such public education efforts include direct mail newsletters to residents, development of informational pieces, neighborhood forums, meetings with key opinion leaders and community organizations and town-hall style meetings. These voter education efforts not only educate residents on the importance of generating additional revenues, but that also engage the citizenry and open lines of communication and understanding between elected officials, staff and citizens. Public education efforts can be coordinated by the staff or by a professional public education firma FISCAL IMPACT: An additional $60,000 appropriation. Sales tax collection in FY 04-05 is expected to be $3,600,000. A 1/a cent increase would yield the City an additional $900,000 in revenues, and a '/2 cent increase would yield $1,800,000. If the Council chooses to go forward with a formal public education campaign, an additional $60,000 would be required to fund mailers, surveys, neighborhood meetings, and workshops. ALTERNATIVES: 1. Proceed with a public education campaign coordinated by the staff. 2. Do Nothing more. 147