HomeMy WebLinkAboutCC_2014-05-27_Agenda Packet
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, May 27, 2014
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International
Union, Local 620; Mid-Management/Professional Employees; Non-
Represented Professional and Management Workers and Confidential
Employees
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
b. Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to paragraph (2) of
subsection (d) of Government Code Section 54956.9.
One case
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Sturtevant
ROLL CALL: Mayor O’Malley
Mayor Pro Tem Sturtevant
Council Member Fonzi
Council Member Kelley
Council Member Moreno
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Life-Saving Awards Presented to Support Services Technician Erin
Russell and Corporal Rochelle Hanson
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non-controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. City Council Draft Action Minutes – April 22, 2014
Recommendation: Council approve the City Council Draft Action Minutes
of April 22, 2014. [City Clerk]
2. City Council Draft Action Minutes – May 13, 2014
Recommendation: Council approve the City Council Draft Action Minutes
of May 13, 2014. [City Clerk]
3. Community Development Block Grant Program Fiscal Years 2015/16
through 2017/2018
Fiscal Impact: The proposed agreement will reduce City CDBG
Administration funding for the next three years. The current annual award
amount is approximately $133,000 which will be reduced by 13% to fund
the County expenses for administrative project oversight, resulting in
approximately $115,710 in available funding to the City for CDBG
programs. City Administration revenue would be reduced by $17,290.
Recommendation: Council authorize continued participation in the
urban county Community Development Block Grant Program for Fiscal
Years 2015/2016 through 2017/2018. [Public Works]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 minutes will be allowed f or
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information, may contact the City Clerk’s Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson@atascadero.org.)
B. PUBLIC HEARINGS:
1. Atascadero Tourism Business Improvement District (ATBID) Fiscal Year
Confirmation of Annual Assessment
Ex Parte Communications:
Fiscal Impact: None
Recommendation: Council adopt the Draft Resolution confirming the
annual assessment for the Atascadero Tourism Business Improvement
District, Fiscal Year 2014-15. [City Manager]
C. MANAGEMENT REPORTS:
1. PLN 2014-1492 ECHO On-Site Operations Management Plan (ECHO /
City of Atascadero)
Fiscal Impact: There is no projected fiscal impact with the proposed
adoption of the operations management plan.
Recommendation: City Council adopt Draft Resolution A, approving the
on-site management plan for the El Camino Housing Organization
(ECHO) operating an emergency shelter at 6370 Atascadero Mall for
consistency with the City’s Emergency Shelter Ordinance. [Community
Development]
2. Economic Development Commercial District Appearance - Update
Report: Signage Clean-up Strategy
Fiscal Impact: None. While the receipt and file of this report has no direct
fiscal impact, implementation of the signage clean -up strategy will require
that budgeted staff time be spent on the project.
Recommendation: Council receive and file staff’s signage clean-up
strategy update report. [Community Development]
3. Pending General Plan Amendment - “Old Atascadero Library Site”
Request for Authorization to Process PLN 2014 -1506
6850 Morro Rd, 6907 & 6925 Atascadero Ave. (County of San Luis
Obispo)
Fiscal Impact: The proposed changes to the General Plan and Zoning
designations of the site are not expected to create any major fiscal
impacts. Re-designation of the parcels will allow for commercial
redevelopment of the site.
Recommendations:
1. Council Adopt Draft Resolution A, authorizing staff to process the
proposed General Plan Amendment application, with a neighborhood
meeting and study session; and,
2. Deny the applicant’s request for a fee waiver of all City application fees
for the General Plan Amendment, associated Zone Change
applications, and the mailing and label generation fees. [Community
Development]
4. Pending General Plan Amendment - Request for Authorization to
Process PLN 2009-1346 & PLN 2011-1413 - Halcon Road /Viejo Camino
(ConsciousBuild Atascadero, LLC / Melhouse / Kirk Consulting) &
Alondra / Santa Barbara Road (Baron / McKinney / Riggs)
Fiscal Impact: If the project is approved for processing, it should be
required to be fiscally neutral so the added residential units fund their own
on-site improvements and maintenance, as well as their fair share of off -
site improvements and impacts to City emergency services.
Recommendations:
1. Council direct the applicant to prepare a management and funding
agreement, signed by all property owners, that demonstrates the
Project can address the technical and environmental issues raised by
the proposal; and
2. Council direct staff to return this item to Council for consideration once
this agreement is prepared. [Community Development]
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O’Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Sturtevant
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. League of California Cities – Council Liaison
Council Member Fonzi
1. Air Pollution Control District
2. Oversight Board for Successor Agency to the Community Redevelopment
Agency of Atascadero
3. SLO Local Agency Formation Commission (LAFCo)
Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3. Economic Vitality Corporation, Board of Directors (EVC)
4. Homeless Services Oversight Council
Council Member Moreno
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City of Atascadero Finance Committee (Chair)
3. City of Atascadero Design Review Committee
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 writte n
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, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the May 27, 2014 Regular Session of the Atascadero City Council was posted
on May 21, 2014, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was
available for public review in the Customer Service Center at that location.
Signed this 21st day of May, 2014, at Atascadero, California.
Lori Mlynczak, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council
meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the
Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped
for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the
City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City
Clerk for more information (470-3400).
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of
City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. Contracts, Resolutions and
Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will
reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record
or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support
your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must
be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your
presentation for the record. Please check in with the City Clerk befo re the meeting begins to announce your presence
and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the s ubject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no further public com ments will be
heard by the Council.
ITEM NUMBER: A-1
DATE: 05/27/14
Atascadero City Council
April 22, 2014
Page 1 of 9
CITY OF ATASCADERO
CITY COUNCIL
DRAFT ACTION MINUTES
Tuesday, April 22, 2014
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
Mayor O’Malley announced at 5:01 that the Council is going into Closed Session.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
ITEM NUMBER: A-1
DATE: 05/27/14
Atascadero City Council
April 22, 2014
Page 2 of 9
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International
Union, Local 620; Mid-Management/Professional Employees; Non-
Represented Professional and Management Workers and Confidential
Employees
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
City Attorney Pierik announced that there was no reportable action taken.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor O’Malley called the meeting to order at 6:03 p.m. and Council Member Moreno
led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem
Sturtevant, and Mayor O’Malley
Absent: Marcia Torgerson, City Clerk
Staff Present: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Community Development Director Warren Frace,
Public Works Director Russ Thompson, Deputy Director of Public
Works David Athey, Police Chief Jerel Haley, Fire Chief Kurt Stone,
City Attorney Brian Pierik, and Deputy City Clerk Annette Manier.
Mayor O’Malley stated he would like to hear brief community announcements after
consent items.
ITEM NUMBER: A-1
DATE: 05/27/14
Atascadero City Council
April 22, 2014
Page 3 of 9
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Sturtevant and seconded by Council
Member Fonzi to approve the agenda as amended.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Recognition Presentation to Keith Schmidt, Owner of K-Man Cycle &
Run
The City Council presented Keith Schmidt with a Certificate of Recognition for
his generous contributions to the City and the community. Reserve
Firefighter Association President Jack Light presented Mr. Schmidt with a
plaque for his generosity to the Fire Service.
2. Proclamation Declaring April 2014 as Autism Awareness Month
The City Council presented the Proclamation to Laurie Ferguson, Board
Member, of the Central Coast Autism Spectrum Center.
3. Proclamation Designating April 2014 as California Safe Di gging Month
The City Council presented the Proclamation to Eric Daniels from PG&E.
4. Proclamation Declaring May 5 – 11, 2014 as Wildfire Awareness Week
The City Council presented the Proclamation to Fire Chief Kurt Stone.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – April 8, 2014
Recommendation: Council approve the City Council Draft Action Minutes
of April 8, 2014. [City Clerk]
2. Weed Abatement – Awarding of Contractor Bid
Fiscal Impact: None. Funds are budgeted annually, to cover the costs of
the weed abatement program, and are recovered through assessments on
property tax bills of those parcels abated.
Recommendation: Council authorize the City Manager to execute a five-
year contract with Travis Hansen dba Hansen Bros Custom Farming for
weed abatement. [Fire]
ITEM NUMBER: A-1
DATE: 05/27/14
Atascadero City Council
April 22, 2014
Page 4 of 9
3. Weed/Refuse Abatement Program
Fiscal Impact: The City recovers costs for administering this program
through the 150% administrative fee, which is placed on the San Luis
Obispo County Special Tax Assessment for the fiscal year 2014 -2015 Tax
Roll.
Recommendation: Council adopt the Draft Resolution, declaring
vegetative growth and/or refuse a public nuisance, commencing
proceedings for the abatement of said nuisances, and placing all
abatement fees on the San Luis Obispo County Special Tax Assessment
for the fiscal year 2014-2015 Tax Roll. [Fire]
4. George Beatie Skate Park Lease Agreement with Kevin Campion DBA
Paradise Coalition
Fiscal Impact: The City will pay the premium for Mr. Campion’s Liability
Insurance. The current yearly premium is approximately $1600. The rent
will be one dollar per year. The City will take a percentage of class and
skate camp activity conducted at the Skate Park. Cont ractor will provide
an annual split of 40% of contracted class revenue to the City for the
Skate and BMX Camps held at the Skate Park. The amount of operating
funds saved annually, by the City not operating the Skate Park directly, is
approximately $15,000 in City staff time.
Recommendation: Council authorize the City Manager to execute a five -
year Lease Agreement between the City of Atascadero and Kevin
Campion, DBA Paradise Coalition. [Police]
5. Final Map 2013-0178 (Tract 2970) - West Front Village (TTM 2099 - 0997) -
(MI W West Front Village LLC)
Fiscal Impact: None.
Recommendations: Council:
1. Adopt and approve Final Map 2013-0178 (Tract 2970); and,
2. Reject, without prejudice to future acceptance, on behalf of the public,
the offers of dedication of Easements for Public Utility (PUE); and,
3. Authorize and direct City Clerk to endorse the City Council’s approval;
and,
4. Authorize City Manager to sign a Subdivision Improvement Agreement
for improvements associated with Final Map 2013-0178; and,
5. Authorize the City Manager to sign an Affordable Housing Agreement
for the project. [Public Works]
MOTION: By Council Member Fonzi and seconded by Council
Member Moreno to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (#A-2: Contract
No. 2014-008, #A-3: Resolution No. 2014-006, #A-4:
Contract No. 2014-009, #A-5.4: Contract No. 2014-010,
#A-5.5: Contract No. 2014-011)
ITEM NUMBER: A-1
DATE: 05/27/14
Atascadero City Council
April 22, 2014
Page 5 of 9
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor O’Malley and Council members made brief community announcements on
upcoming community events.
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Mike Byrne (ECHO), Jerry Clay,
Linda Hendy (Chamber of Commerce), and Chuck Ward.
Mayor O’Malley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. PLN 2099-0033 / ZCH 2014-0171 Oak Ridge Estates / 3F Meadows PD-11
Text Amendment and EIR Addendum (Castlerock Development / KM
Holdings)
Fiscal Impact: Oak Ridge Estates is a private development project that is
responsible for funding all on-site and off-site improvements.
Recommendations:
Planning Commission Recommends:
1. Council adopt Draft Resolution A approving the Environmental Impact
Report Addendum for the PD-11 amendment for the Oak Ridge
Estates/3-F Meadows project; and,
2. Council introduce for first reading, by title only, Draft Ordinance A
amending PD-11 for the Oak Ridge Estates/3-F Meadows project.
[Community Development]
Community Development Director Warren Frace introduced Steve Weinberger with W -
Trans. Director Frace, Deputy Director Athey and Steve Weinberger gave the staff
report and answered questions from the Council.
Ex Parte Communications
Council Member Kelley – Over the years, he has met with the owner and Mr.
Ritter to discuss different questions about the project.
Mayor Pro Tem Sturtevant - Has not spoken with anyone since the last Council
meeting on this subject.
ITEM NUMBER: A-1
DATE: 05/27/14
Atascadero City Council
April 22, 2014
Page 6 of 9
Mayor O’Malley – When he was first on Council during the early stages of the
project, he had some meetings with community members and representatives of
the owner. He has not had any direct conversation with anyone of this project in
a number of years to his knowledge. He has met with Mr. Paskin who is a
resident in this area and recently visited the site with Director Frace.
Council Member Fonzi – She has met with Mr. Paskin in the past.
Council Member Moreno – Several months ago she met with the owner and his
representative Mr. Ritter (introducing themselves) and nothing she learned will
change her understanding of the facts.
PUBLIC COMMENT:
The following citizens spoke on this item: Don Ritter, Darren Shetler, Russell Brownlee,
Debra Paskin, and Mitch Paskin.
Mayor O’Malley closed the Public Comment period.
Mayor O’Malley reopened the Public Comment period.
The following citizens spoke on this item: Mitch Paskin, Manuel Pacias, and Russell
Brownlee.
Mayor O’Malley closed the Public Comment period.
MOTION: By Council Member Kelley and seconded by Council Member
Fonzi to:
1. Adopt Draft Resolution A, approving the Environmental
Impact Report for the PD-11 amendment for the Oak Ridge
Estates/3F Meadows project; and,
2. Introduce for first reading by title only, Draft Ordinance A,
amending PD-11 for the Oak Ridge Estates/3F Meadows
project, rejecting the Planning Commission’s
recommendation to reduce time period to 2 years and
reinstate the 3 year period. Motion passed 5:0 by a roll-call
vote. (#B-1.1: Resolution No. 2014-007)
Mayor O’Malley recessed the meeting at 8:45 p.m.
Mayor O’Malley reconvened the meeting at 8:55 p.m.
ITEM NUMBER: A-1
DATE: 05/27/14
Atascadero City Council
April 22, 2014
Page 7 of 9
C. MANAGEMENT REPORTS:
1. Results of Community Poll and Consideration of Sales Tax Measure
Fiscal Impact: The total cost of placing the measures on the ballot is
estimated to be approximately $10,000 of budgeted General Funds.
Recommendation:
Council:
1. Direct staff to prepare a resolution and ordinance for City Council
consideration at the June 24, 2014 meeting to place a ½ cent local
sales tax override measure on the November 2014 ballot; and,
2. Direct staff to draft the resolution to include establishm ent of a Citizen’s
Advisory Committee; and,
3. Direct staff to draft the resolution to include an advisory measure with
language directing that the funds from the ½ local sales tax override
would be used:
A. Primarily for the purpose of repairing and maintain ing the
City’s roadways
OR
B. Primarily for the purpose of repairing and maintaining the
City’s roadways, with remaining funds to be used for the
repair and maintenance of other City infrastructure such as
parks facilities, storm drains and zoo facilities. [City
Manager]
City Manager Rachelle Rickard gave the staff report and answered questions from the
Council. Jennifer Franz from JD Franz Research gave a presentation on the phone
survey their company did within the City of Atascadero. Ms. Franz answered questions
from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Charles Bourbeau, Nancy Hair, Don Ritter,
and Tino Santos.
Mayor O’Malley closed the Public Comment period.
Mayor O’Malley re-opened Public Comment period.
PUBLIC COMMENT:
The following citizens spoke on this item: Linda Hendy (Exhibit A), Tino Santos, Don
Ritter, Charles Bourbeau, Derek Ehinger, and Nancy Hair.
Mayor O’Malley closed the Public Comment period.
ITEM NUMBER: A-1
DATE: 05/27/14
Atascadero City Council
April 22, 2014
Page 8 of 9
MOTION: By Mayor O’Malley and seconded by Mayor Pro Tem
Sturtevant to direct staff to draft language for a
recommendation to move forward with a general sales tax
measure, to include an Advisory Measure that would be
primarily for roads, a citizen Advisory Committee, direction
for a lot of public outreach, education, and bring the item
back in June.
There was Council consensus to direct staff to return to the Council
with additional information on the definition of “repair of roads.”
MOTION: By Mayor O’Malley and seconded by Council Member Kel ley
to direct staff to draft language for a recommendation to
move forward with a general sales tax measure, to include
an Advisory Measure that would be primarily for roads, a
Citizen Advisory Committee, direction for a lot of public
outreach, education, and bring the item back in June.
Council Member Fonzi asked if the motion could be amended with the following
language: “Primarily for the purpose of repairing and maintaining the City’s roadways
and road infrastructure.” The maker of the motion (O’Malley) and the 2nd (Kelley)
agreed.
MOTION: By Mayor O’Malley and seconded by Council Member
Kelley to direct staff to draft language recommendation
to move forward with a general sales tax measure, to
include an Advisory Measure that would be primarily for
the purpose of repairing and maintaining the City’s
roadways and road infrastructure, a citizen Advisory
Committee, direction for a lot of public outreach,
education, and bring the item back in June.
Motion passed 5:0 by a roll-call vote.
D. COMMITTEE REPORTS: - None
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
City Attorney – A public hearing on the appeal filed by Save Atascadero on the
Walmart project has been set for May 30, 2014, at 9:30 a.m. at the County Board
of Supervisors Chambers.
ITEM NUMBER: A-1
DATE: 05/27/14
Atascadero City Council
April 22, 2014
Page 9 of 9
ADJOURNMENT:
Mayor O’Malley adjourned the meeting at 10:51 p.m.
MINUTES PREPARED BY:
______________________________________
Annette Manier, Deputy City Clerk
The following exhibit is available for review in the City Clerk’s office:
Exhibit A – Atascadero Chamber of Commerce Letter from Linda Hendy, dated 10/10/13
ITEM NUMBER: A-2
DATE: 05/27/14
Atascadero City Council
May 13, 2014
Page 1 of 10
CITY OF ATASCADERO
CITY COUNCIL
DRAFT ACTION MINUTES
Tuesday, May 13, 2014
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
CITY COUNCIL CLOSED SESSION: 5:00 P.M.
Mayor O’Malley announced at 5:00 p.m. that the Council is going into Closed Session.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6)
Agency designated representatives: Rachelle Rickard, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International
Union, Local 620; Mid-Management/Professional Employees; Non-
Represented Professional and Management Workers and Confidential
Employees
City Council Closed Session: 5:00 P.M.
City Council Regular Session: 6:00 P.M.
ITEM NUMBER: A-2
DATE: 05/27/14
Atascadero City Council
May 13, 2014
Page 2 of 10
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION – REPORT
City Attorney Pierik announced that there was no reportable action taken.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor O’Malley called the meeting to order at 6:00 p.m. and Little Leaguer Joseph
Dawson led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem
Sturtevant, and Mayor O’Malley
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
Staff Present: City Manager Rachelle Rickard, Administrative Services Director
Jeri Rangel, Community Development Director Warren Frace,
Public Works Director Russ Thompson, Police Commander Joe
Allen, Fire Chief Kurt Stone, and City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem
Sturtevant to approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. 75th Anniversary of Little League Proclamation
The City Council presented the Proclamation to Tim Bochum.
ITEM NUMBER: A-2
DATE: 05/27/14
Atascadero City Council
May 13, 2014
Page 3 of 10
2. North County Boys & Girls Club
Allen Reese gave a presentation to the City Council.
3. Atascadero State Hospital 60th Anniversary Celebration
Martha Staib, Acting Public Information Officer for Atascadero State Hospital, gave a
presentation to the City Council about the history of the Hospital and the upcoming
events.
4. US 101 Corridor Presentation by San Luis Obispo Council of
Governments (SLOCOG)
Jessica Berry from SLOCOG gave the presentation to the City Council.
A. CONSENT CALENDAR:
1. March 2013 Accounts Payable and Payroll
Fiscal Impact: $1,970,350.82
Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for March 2013. [Administrative
Services]
2. March 2014 Investment Report
Fiscal Impact: None.
Recommendation: Council receive and file the City Treasurer’s report for
quarter ending March 2014. [Administrative Services]
3. Purchase of 19 Passenger Dial-A-Ride Transit Bus
Fiscal Impact: This purchase is funded through a combination of Federal
Transit Administration (FTA) and Transportation Development Act (TDA),
and is included in the City’s 2013/2015 budget.
Recommendation: Council authorize the purchase of a 19 Passenger
Transit Bus from Creative Bus Sales for $62,809.06. [Public Works]
4. PLN 2099-0033 / ZCH 2014-0171 - Second Reading - Oak Ridge Estates /
3F Meadows - PD-11 Text Amendment
(Castlerock Development / KM Holdings)
Fiscal Impact: Oak Ridge Estates is a private development project that is
responsible for funding all on-site and off-site improvements. As the
project builds single-family residential houses the City will receive permit
fees, Capital Facility Impact Fees, and increased property tax that will be
revenue positive to the City.
ITEM NUMBER: A-2
DATE: 05/27/14
Atascadero City Council
May 13, 2014
Page 4 of 10
Recommendation: Council adopt on second reading by title only, Draft
Ordinance A amending PD-11 for the Oak Ridge Estates/3-F Meadows
project. [Community Development]
5. Temporary Road Closure - Colony Days Parade Route
Fiscal Impact: No net fiscal impact to the General Fund, as the road
closure fee covers the staff time and equipment required for traffic control
and clean-up related to this event (estimated at $2,600.00).
Recommendation: Council adopt the Draft Resolution establishing a
temporary Colony Days Parade Route on Saturday, October 18, 2014,
and establishing associated tow-away and “No Parking” zones and road
closures from October 16 – 19, 2014, on the dates, times and locations as
specified in the Draft Resolution. [Public Works]
6. Landscape and Lighting District Maintenance Services Award - Apple
Valley and De Anza Estates
Fiscal Impact: The majority of these maintenance costs will be paid for by
assessments on property owners in the districts; however, the City of
Atascadero is responsible for 50% of the cost for maintaining the open
space and trails in the De Anza Estates LLA and 50% of the cost for
maintaining the park in the Apple Valley LLA.
Recommendation: Council authorize the City Manager to execute a two -
year agreement, with the option of two (2) one-year extensions, with
Madrone Landscapes, Inc., for landscape maintenance servic es in the
Apple Valley and De Anza Estates Landscape and Lighting Assessment
Districts. [Public Works]
7. Apple Valley Assessment Districts
Fiscal Impact: Annual assessments for 2014/2015 will total $42,000 for
road/drainage system maintenance and $56,000 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in Apple Valley.
Recommendations: Council:
1. Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Atascadero Street and Storm
Drain Maintenance District No. 01 (Apple Va lley) for fiscal year
2014/2015; and,
2. Adopt Draft Resolution B accepting and preliminarily approving the
Engineer’s Annual Levy Report regarding the Atascadero Street and
Storm Drain Maintenance District No. 01 (Apple Valley); and,
3. Adopt Draft Resolution C declaring the City’s intention to levy and
collect annual assessments within Atascadero Street and Storm Drain
Maintenance District No. 01 (Apple Valley) in fiscal year 2014/2015,
and to appoint a time and place for the public hearing on these
matters; and,
ITEM NUMBER: A-2
DATE: 05/27/14
Atascadero City Council
May 13, 2014
Page 5 of 10
4. Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 01 (Apple Valley) for fiscal year 2014/2015
pursuant to the provisions of Part 2 of Division 15 of the Calif ornia
Streets and Highways Code; and,
5. Adopt Draft Resolution E for preliminary approval of the Annual
Engineer’s Levy Report for the Atascadero Landscaping and Lighting
Maintenance District No. 01 (Apple Va lley) for fiscal year 2014/2015;
and,
6. Adopt Draft Resolution F declaring the City’s intention to levy and
collect assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 01 (Apple Valley) for fiscal year 2014/2015.
[Administrative Services]
8. De Anza Estates Assessment Districts
Fiscal Impact: Annual assessments for 2014/2015 will total $40,090 for
road/drainage system maintenance and $15,875 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in De Anza Estates. The City General Fund will contribute $1,020
for the fiscal year 2014/2015 for half of the maintenance cost s of the trails
and open space.
Recommendations: Council:
1. Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Atascadero Street and Storm
Drain Maintenance District No. 03 (De Anza Est ates) for fiscal year
2014/2015; and,
2. Adopt Draft Resolution B accepting and preliminarily approving the
Engineer’s Annual Levy Report regarding the Atascadero Street and
Storm Drain Maintenance District No. 03 (De Anza Estates); and,
3. Adopt Draft Resolution C declaring the City’s intention to levy and
collect annual assessments within Atascadero Street and Storm Drain
Maintenance District No. 03 (De Anza Estates) in fiscal year
2014/2015, and to appoint a time and place for the public hearing on
these matters; and,
4. Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 03 (De Anza Estates) for fiscal year
2014/2015 pursuant to the provisions of Part 2 of Division 15 of the
California Streets and Highways Code; and,
5. Adopt Draft Resolution E for preliminary approval of the Annual
Engineer’s Levy Report for the Atascadero Landscaping and Lighting
Maintenance District No. 03 (De Anza Estates) for fiscal year
2014/2015; and,
ITEM NUMBER: A-2
DATE: 05/27/14
Atascadero City Council
May 13, 2014
Page 6 of 10
6. Adopt Draft Resolution F declaring the City’s intention to levy and
collect assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 03 (De Anza Estates) for fiscal year
2014/2015. [Administrative Services]
9. Las Lomas (Woodridge) Assessment Districts
Fiscal Impact: Annual assessments for 2014/2015 will total $12,051 for
road/drainage system maintenance and $11,638 for landscape and
lighting maintenance. These amounts will be assessed to the owners of
parcels in Las Lomas (Woodridge).
Recommendations: Council:
1. Adopt Draft Resolution A initiating proceedings for the levy and
collection of annual assessments for Atascadero Street and Storm
Drain Maintenance District No. 02 (Woodridge) for fiscal year
2014/2015; and,
2. Adopt Draft Resolution B accepting and preliminarily approving the
Engineer’s Annual Levy Report regarding the Atascadero Street and
Storm Drain Maintenance District No. 02 (Woodridge); and,
3. Adopt Draft Resolution C declaring the City’s intention to levy and
collect annual assessments within Atascadero Street and Storm Drain
Maintenance District No. 02 (Woodridge) in fiscal year 2014/2015, and
to appoint a time and place for the public hearing on these matters;
and,
4. Adopt Draft Resolution D initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 02 (Woodridge) for fiscal year 2014/2015
pursuant to the provisions of Part 2 of Division 15 of the Calif ornia
Streets and Highways Code; and,
5. Adopt Draft Resolution E for preliminary approval of the Annual
Engineer’s Levy Report for the Atascadero Landscaping and Lighting
Maintenance District No. 02 (Woodridge) for fiscal year 2014/2015;
and,
6. Adopt Draft Resolution F declaring the City’s intention to levy and
collect assessments for the Atascadero Landscaping and Lighting
Maintenance District No. 02 (Woodridge) for fiscal year 2014/2015.
[Administrative Services]
10. Atascadero Tourism Business Improvement District (ATBID) Annual
Assessment
Fiscal Impact: None.
Recommendations: Council:
1. Approve the ATBID Annual Report; and,
2. Adopt the Draft Resolution of Intention, declaring intent to levy annual
Business Improvement District assessment, and set a public hearing
for May 27, 2014. [City Manager]
ITEM NUMBER: A-2
DATE: 05/27/14
Atascadero City Council
May 13, 2014
Page 7 of 10
Citizen Mitch Paskin asked to have #A-4 to be pulled.
MOTION: By Council Member Moreno and seconded by Mayor Pro Tem,
Sturtevant to approve Items #A-1, 2, 3, 5, 6, 7, 8, 9, and 10 of
the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (#A-10 4:0, O’Malley
abstained) (#A-5: Resolution No. 2014-008, #A-6: Contract No.
2014-012, #A-7.1: Resolution No. 2014-009, #A-7.2: Resolution
No. 2014-010, #A-7.3: Resolution No. 2014-011, #A-7.4:
Resolution No. 2014-012, #A-7.5: Resolution No. 2014-013, #A-
7.6: Resolution No. 2014-014, #A-8.1: Resolution No. 2014-015,
#A-8.2: Resolution No. 2014-016, #A-8.3: Resolution No. 2014-
017, #A-8.4: Resolution No. 2014-018, #A-8.5: Resolution No.
2014-019, #A-8.6: Resolution No. 2014-020, #A-9.1: Resolution
No. 2014-021, #A-9.2: Resolution No. 2014-022, #A-9.3:
Resolution No. 2014-023, #A-9.4: Resolution No. 2014-024, #A-
9.5: Resolution No. 2014-025, #A-9.6: Resolution No. 2014-026,
#A-10: Resolution No. 2014-027.
Item #A-4: Mayor O’Malley asked staff to summarize this item. Community
Development Director Frace explained this is the second reading of the Draft Ordinance
amending PD-11 for the Oak Ridge Estates/3-F Meadows project.
Citizen Mitch Paskin urged the Council to vote no on Item #A-4.
MOTION: By Council member Kelley and seconded by Council Member
Moreno to approve #A-4 of the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (Ordinance No. 580)
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Joyce Zimmerman (Exhibit A),
Don Ritter, Mike Casey, David Martin.
Mayor O’Malley closed the COMMUNITY FORUM period.
ITEM NUMBER: A-2
DATE: 05/27/14
Atascadero City Council
May 13, 2014
Page 8 of 10
B. PUBLIC HEARINGS:
1. Weed Abatement - Hearing of Objections
Ex Parte Communications:
Fiscal Impact: None
Recommendations: Council:
1. Hear all objections to the proposed removal of vegetative growth
and/or refuse and allow or overrule any objections; and,
2. Authorize the Fire Chief to proceed and perform the work of
abatement. [Fire]
Ex Parte Communications: None
Fire Chief Kurt Stone gave the staff report and answered questions from the Council.
PUBLIC COMMENT: None
MOTION: By Council Member Fonzi and seconded by Council Member
Kelley to:
1. Hear all objections to the proposed removal of vegetative
growth and/or refuse and allow or overrule any objections;
and,
2. Authorize the Fire Chief to proceed and perform the work of
abatement.
Motion passed 5:0 by a roll-call vote.
2. Amendments and Additions to Fee Schedule
Ex Parte Communications:
Fiscal Impact: There will be an estimated annual increase in operating
revenue of $436,700 from service fees.
Recommendation: Council adopt Draft Resolution A establishing a
schedule of Fees and Charges for City Services. [Administrative Services]
Ex Parte Communications: None
Administrative Services Director Jeri Rangel gave the staff report and answered
questions from the Council.
PUBLIC COMMENT: None
ITEM NUMBER: A-2
DATE: 05/27/14
Atascadero City Council
May 13, 2014
Page 9 of 10
MOTION: By Council Member Moreno and seconded by Mayor Pro Tem
Sturtevant to adopt Draft Resolution A establishing a schedule
of Fees and Charges for City Services, and direct staff to bring
back this issue to the Council annually for review of fees.
Motion passed 3:2 by a roll-call vote. (Fonzi & Kelley opposed)
(Resolution No. 2014-028)
C. MANAGEMENT REPORTS: None
COUNCIL ANNOUNCEMENTS AND REPORTS:
The City Council Members made brief announcements.
D. COMMITTEE REPORTS:
Mayor O’Malley
1. County Mayors Round Table – next meeting will be in Morro Bay and they will
be discussing Water.
2. City Selection Committee - will interview applicants for the Regional Airport
Board.
Mayor Pro Tem Sturtevant
1. City/Schools Committee meeting will be Friday, May 23, 2014.
2. League of California Cities – Council Members, the City Clerk, and their
spouses attended the League’s Channel Counties Dinner in Buellton two
weeks ago. The dinner was well attended by Council Members and staff from
most of the cities from Ventura, Santa Barbara and San Luis Obispo counties.
The guest speaker was Lt. General John W. Raymond from Vandenberg Air
Force Base.
Council Member Fonzi
1. SLO Local Agency Formation Commission (LAFCo) - update regarding
formation of a possible groundwater basin maintenance district.
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURNMENT
Mayor O’Malley adjourned the meeting at 8:24 p.m.
ITEM NUMBER: A-2
DATE: 05/27/14
Atascadero City Council
May 13, 2014
Page 10 of 10
MINUTES PREPARED BY:
______________________________________
Marcia McClure Torgerson, C.M.C.
City Clerk / Assistant to the City Manager
The following exhibit is available for review in the City Clerk’s office:
Exhibit A – Joyce Zimmerman handout on Fracking
ITEM NUMBER: A-3
DATE: 05/27/14
Atascadero City Council
Staff Report – Public Works Department
Community Development Block Grant Program
Fiscal Years 2015/16 through 2017/2018
RECOMMENDATION:
Council authorize continued participation in the urban county Community Development
Block Grant Program for Fiscal Years 2015/2016 through 2017/2018.
DISCUSSION:
Background: Beginning with the 1994/95 fiscal year, the City of Atascadero has
participated with the County of San Luis Obispo and other cities as part of the "urban
county" Community Development Block Grant (CDBG) program. Urban counties
receive annual, formula-based grants directly from the federal department of Housing
and Urban Development (HUD) under the CDBG, HOME Investment Partnerships
(HOME) and the Emergency Shelter Grants (ESG) program and, beginning with this
Agreement, the Housing Opportunities for Persons with AIDS (HOPWA) programs.
Cooperative agreements between the participating jurisdictions established a formula
allocating CDBG funds by jurisdiction. The HOME and ESG funds are not formally
divided up, but the cities provided recommendations to the County on these programs.
HUD recently advised San Luis Obispo County that due to the complexity of grant
administration responsibilities and the consequences of non -compliance, HUD
recommends that the County provide all monitoring and oversight for all CDBG grants.
The proposed changes will apply to all cities currently participating in the Urban County
agreement with the County; Arroyo Grande, Atascadero, Morro Bay, Paso Robles, and
San Luis Obispo. The additional administrative work provided by the County will come
with an associated cost to provide the monitoring and oversight services for the cities.
Currently, the City of Atascadero receives approximately 20% of the total annual CDBG
allocation to apply to the administration costs related to project oversight. With the new
requirements, the County would assume the duties of project oversight, and would
receive 13% of the total grant funds for administration services. Administrative funding
is limited to 20% of the total grant; therefore the City’s administrative portion of the
funding could not exceed 7% of the total administrative grant amount.
ITEM NUMBER: A-3
DATE: 05/27/14
Due to the stringent monitoring and oversight requirements mand ated by HUD, future
CDBG awards must meet a minimum threshold of $8,000 for public service activities on
a County wide cumulative basis. HUD asserts that a single CDBG assisted public
service award will cost approximately $8,000 in staff time to administe r in full
compliance with Federal requirements.
On February 10, 2014 the County, pursuant to HUD regulations, notified the City of its
right to elect to continue to participate in the CDBG program by choosing from the
following options:
1. Join the urban county to receive CDBG allocations through the county.
2. Become a stand-alone CDBG entitlement jurisdiction to receive CDBG funds
directly from HUD.
3. Decline a formula CDBG allocation or entitlement and become an applicant to
the competitive state CDBG program.
Analysis: Staff has reviewed each of the three options available to the City. Staff
recommends continuation of the current CDBG allocation by participating as part of the
"urban county" program (Option 1). This option is preferred for the following reasons:
1. Participation in the state CDBG program (Option 3) is competitive in nature and
there is no guarantee that the City would receive any CDBG funding from year to
year.
2. Becoming a stand-alone City (Option 2) would require the City to meet all of the
HUD regulations as a grant recipient, including preparation of a five year plan,
annual allocation plan, preparation of various federally required reports, and
other administrative activities. This would require additional staff resources to be
allocated toward grant administration then currently allocated.
3. Administration of the CDBG program is a highly regulated and technical process
for which the County has staff that specializes in this area. Additional training
and participation in HUD activities would be required for Options 2 & 3. This
would require significant additional staff resources.
4. The funding allocation the County uses for City allocation uses in Option 1 is
identical to the formula used by HUD if the City received a direct allocation.
There may be some additional increase in funding levels as a direct entitlement
city; however, it would be offset by the increases in administration required for
direct participation.
Participation as part of the "urban county" allocation program would contin ue to provide
the City with annual allocation of CDBG funds and continue to limit the amount of time
the City would be required to spend on program administration which would increase
with either of the remaining options. Participation in the program is f or a three- (3) year
fiscal year cycle; therefore the City will be able to re -evaluate its options prior to the
next three-year cycle.
ITEM NUMBER: A-3
DATE: 05/27/14
Continued participation in the CDBG program with the County provides continued
allocation of CDBG funding to Atascadero while limiting the financial and administrative
resources necessary to participate in the program overall.
FISCAL IMPACT:
The proposed agreement will reduce City CDBG Administration funding for the next
three years. The current annual award amount is approximately $133,000 which will be
reduced by 13% to fund the County expenses for administrative project oversight,
resulting in approximately $115,710 in available funding to the City for CDBG
programs. City Administration revenue would be reduced by $17,290.
ALTERNATIVES:
The Council may choose to participate as a stand-alone CDBG entitlement jurisdiction
or become an applicant to the competitive state program.
ATTACHMENT: Cooperation Agreement
ITEM NUMBER: A-3
DATE: 05/27/14
ATTACHMENT: 1
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME
INVESTMENT PARTNERSHIPS PROGRAM, THE EMERGENCY SOLUTIONS
GRANT PROGRAM, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS PROGRAM FOR FISCAL YEARS 2015 THROUGH 2017
THIS AGREEMENT is made and entered into this day of _ __ , 2014,
by and between the County of San Luis Obispo, a political subdivision of the State of
California, hereinafter called “County”; and the City of San Luis Obispo, a municipal
corporation of the State of California, located in the County of San Luis Obispo,
hereinafter called “City”; jointly referred to as “Parties.”
WITNESSETH
WHEREAS, in 1974, the U.S. Congress enacted a nd the President signed a law
entitled, The Housing and Community Development Act of 1974, herein called the “Act”.
Said Act is omnibus legislation relating to federal involvement in a wide range of
housing and community development activities and contain s eight separate titles; and
WHEREAS, Title I of the Act is entitled “Community Development” and governs
programs for housing and community development within metropolitan cities and urban
counties or communities by providing financial assistance annually for area-wide plans
and for housing, public services and public works programs; and
WHEREAS, the Community Development Block Grant (CDBG) Program, the
HOME Investment Partnerships (HOME) Program, the Emergency Solutions Grant
(ESG) Program, and the Housing Opportunities for Persons with AIDS (HOPWA)
Program are consolidated under Title I of the Act; and
WHEREAS, the County of San Luis Obispo has requested of the federal
Department of Housing and Urban Development, hereinafter referred to as “HUD”, tha t
the County be designated as an “urban county”; and
WHEREAS, the County needs to requalify as an urban county and will be eligible
to receive CDBG funds provided that the County’s entitled cities defer their entitlement
to the County to enable both the County and the entitlement cities to jointly participate
in the program; and
WHEREAS, the City desires to participate jointly with the County in said
program; and
WHEREAS, if HUD redesignates the County as an urban county, the County
may also be eligible to receive funds from the Home Investment Partnership Program
(hereinafter referred to as “HOME”), the Emergency Solutions Program (hereinafter
ITEM NUMBER: A-3
DATE: 05/27/14
ATTACHMENT: 1
referred to as “ESG”), and the Housing Opportunities for Persons with Aids Program
(hereinafter referred to as “HOPWA”); and
WHEREAS, the Community Development Block Grant Regulations issued
pursuant to the Act provide that qualified urban counties must submit an application to
the Department of Housing and Urban Development for funds, and that cities and
smaller communities within the metropolitan area not qualifying as metropolitan cities
may join the County in said application and thereby become a part of a more
comprehensive County effort; and
WHEREAS, as the urban county applicant, the County must take responsibility
and assume all obligations of an applicant under federal statues, including: the analysis
of needs, the setting of objectives, the development of community development and
housing assistance plans, the consolidated plan, and the assurances of certifications;
and
WHEREAS, by executing this Agreement, the Parties hereby give notice of their
intention to participate in the urban county CDBG, HOME, ESG, and HOPWA
programs.
NOW THEREFORE, in consideration of the mutual promises, recitals and oth er
provisions hereof, the Parties agree as follows:
SECTION I. General.
A. Responsible Officers. The Director of the County of San Luis Obispo
Department of Planning and Building (hereinafter referred to as “Director”) is
hereby authorized to act as applicant for the CDBG, HOME, ESG, and HOPWA
programs and to administer funding and activities under the programs. The City
Manager is hereby authorized to act as the responsible officer of the City under
the programs.
B. Full Cooperation. Parties agree to fully cooperate and to assist each other in
undertaking eligible grant programs or projects, including but not limited to
community renewal and lower income housing assistance activities, specifically
urban renewal and publicly-assisted housing; public services; and economic
development.
C. Term of Agreement – Automatic Renewal Provision. The term of this
Agreement shall be for a period of three (3) years commencing July 1, 2015
through June 30, 2017. In addition, this Agreement provides for automatic
renewal for participation in successive three-year qualification periods, unless
the City provides written notice at least 60 days prior to the end of the term that it
elects not to participate in a new qualification period. Before the end of the first
three-year term, the County will notify the City in writing of its right not to
participate in the urban county for a successive three-year term.
The Parties agree to adopt amendments to this Agreement incorporating
changes necessary to meet the requirements for coop eration agreements set
ITEM NUMBER: A-3
DATE: 05/27/14
ATTACHMENT: 1
forth in an Urban County Qualification Notice by HUD for a subsequent three -
year urban County qualification period, prior to the subsequent three -year
extension of the term. Any amendment to this Agreement shall be submitted to
HUD as required by the regulations and any failure to adopt required
amendments will void the automatic renewal of the Agreement for the relevant
qualification period.
The Agreement remains in effect until the CDBG, HOME, ESG, and HOPWA
program funds and income received with respect to the three-year qualification
period, and the subsequent three-year renewals are expended and the funded
activities are completed. The Parties may not terminate or withdraw from the
Agreement while the Agreement remains in effec t.
D. Scope of Agreement. This Agreement covers the following formula funding
programs administered by HUD where the County is awarded and accepts
funding directly from HUD: the CDBG Entitlement Program, the HOME Program,
the Emergency Solutions Grant (ESG) Program, and the Housing Opportunities
for Persons with AIDS (HOPWA) Program.
SECTION II. Preparation and Submittal of CDBG Funding Applications.
A. Inclusion of City as Applicant. Parties agree that City shall be included in
the application the County shall submit to the Department of Housing and
Urban Development for Title I Housing and Community Development Block
funds under the above recited Act.
B. Consolidated Plan. City shall assist the County by preparing a community
development plan, for the period of this Agreement, which identifies
community development and housing needs, projects and programs for the
City; and specifies both short and long-term City objectives, consistent with
requirements of the Act. County agrees to: (1) include the City plan in the
program application, and (2) include City’s desired housing and community
development objectives, policies, programs, projects and plans as submitted
by City in the County’s consolidated plan.
C. Application Submittal. County agrees to commit sufficient resources to
completing and submitting the Consolidated Plan and supporting documents
to HUD in time for the Parties to be eligible to receive funding beginning July
1, 2015, and to hold public hearings as required to meet HUD requirements.
D. County Responsibility. Parties agree that the County shall, as applicant, be
responsible for holding public hearings and preparing and submitting the
CDBG funding application and supporting materials in a timely and thorough
manner, as required by the Act and the f ederal regulations established by
HUD to secure entitlement grant funding beginning July 1, 2015.
E. Grant Eligibility. In executing this Agreement, the Parties understand that
they shall not be eligible to apply for grants under the Small Cities or State
CDBG Programs for appropriations for fiscal years during the period in which
ITEM NUMBER: A-3
DATE: 05/27/14
ATTACHMENT: 1
the Parties are participating in the urban county CDBG entitlement program;
and further, the City shall not be eligible to participate in the HOME, ESG or
HOPWA programs except through the urban county.
SECTION III. Program Administration.
A. Program Authorization. The County Administrator is hereby authorized to
carry out activities that will be funded from the annual CDBG, HOME, ESG,
and HOPWA programs from fiscal years 2015, 2014, and 2017
appropriations and from any program income generated from the expenditure
of such funds.
B. Responsibilities of Parties. Parties agree that the County shall be the
governmental entity required to execute any grant agreement received
pursuant to the CDBG, HOME, ESG, and HOPWA applications, and subject
to the limitations set out in this Agreement, the County shall thereby become
liable and responsible thereunder for the proper performance of the plan and
CDBG, HOME, ESG, and HOPWA under County programs. City agrees to
act in good faith and with due diligence in performance of City obligations and
responsibilities under this Agreement and under all subrecipient agreements.
City further agrees that it shall fully cooperate with the County in all things
required and appropriate to comply with the provisions of any Grant
Agreement received by the County pursuant to the Act and its Regulations.
C. City Assistance. City agrees to undertake, conduct, perform or assist the
County in performing the essential community development and housing
assistance activities identified in the City’s community development plan.
Pursuant to the Act and pursuant to 24 CFR 570.501(b), the City is subject to
the same requirements applicable to subrecipients, including the re quirement
of a written agreement with the County as set forth in 24 CFR 570.503.
SECTION IV. Use of Program Funds.
A. Allocation of CDBG funds. All funds received by County pursuant to this
Agreement shall be identified and allocated, as described below, t o the
specific projects or activities set out in the application, and such allocated
amounts shall be expended exclusively for such projects or activities;
provided, however, that a different distribution may be made when required
by HUD to comply with Title I of the Housing and Community Development
Act of 1974, as amended.
1) Metropolitan Cities’ Allocation. The Parties agree that County shall
make available to City a total amount of CDBG funds equal to that which
City would have been entitled had it applied separately as a “metropolitan
city”, using HUD allocation formulas as applied by County, except that an
amount equal to thirteen (13) percent of the Metropolitan Cities’
allocations of CDBG funds will be deducted by the County to meet its
obligations under the terms of this Agreement and/or HUD requirements
for administrative costs. Further, with respect to the availability of the
ITEM NUMBER: A-3
DATE: 05/27/14
ATTACHMENT: 1
funds, County agrees to fully cooperate and assist City in expending such
funds.
2) Non-Metropolitan Cities’ Allocation. County agrees to allocate a
portion of CDBG program funds to the non-Metropolitan, incorporated
cities participating in the program. The amount of allocation per city shall
be equal to that which the urban county formula award from HUD
increases as a result of the HUD allocation formulas as applied by
County, except that an amount equal to thirteen (13) percent of the Non -
Metropolitan Cities’ allocations of CDBG funds will be deducted by the
County to meet its obligations under the terms of this Agreement and /or
HUD requirements for administrative costs..
3) City agrees that it shall not recommend an individual CDBG award of less
than $8000 for public service activities due to the staff cost of processing
such awards in compliance with federal requirements. Cou nty may
question inclusion of such a project. Notwithstanding, City and County
each may make an award of $8,000 which is aggregated to a greater
amount).
B. Availability of Funds. County agrees to make CDBG funds available to all
participating incorporated cities as set out here when HUD makes the CDBG
funds available to it. The County shall immediately notify the participating
incorporated cities of the availability of the funds.
It is understood by the Parties hereto that the CDBG funds being used for the
purposes of this Agreement are funds furnished to the County, through HUD,
pursuant to the provisions of the Act. Notwithstanding any other provision of
this Agreement, the liability of the County shall be limited to CDBG funds
available for the Project. The City understands that the County must wait for
release of CDBG funds from HUD before CDBG funds may be advanced or
reimbursed. The County shall incur no liability to the City, its officers, agents,
employees, suppliers, or contractors for any delay in making any such
payments.
C. Administrative and Public Services Costs. County hereby acknowledges
that City, as subrecipient, incurs certain administrative costs in preparing
housing and economic development plans, program planning, management
and accounting, professional support services, and other reasonable and
necessary expenses to carry out City’s plan; and further, County agrees that
after the availability of CDBG program funds to City, County shall not use its
remaining balance of funds in any way that would limit City’s ability to use its
CDBG funds to the maximum extent allowed by HUD for administrative,
public service, or program purposes.
D. Income Generated. City shall notify the County of any income generated by
the expenditure of CDBG funds received by the City. Such program income
ITEM NUMBER: A-3
DATE: 05/27/14
ATTACHMENT: 1
may be retained by City subject to the provisions of this Agreement, the Act
and its Regulations. Any program income retained must only be used for
eligible activities in accordance with all CDBG requirements as they apply.
E. Use of Program Income. County shall monitor the use of any program
income, requiring appropriate record-keeping and reporting by the City as
may be needed for this purpose, and shall report the use of such program
income to HUD. In the event of close -out or change of status of the City, all
program income on hand or received by the City subsequent to the close -out
or change of status shall be paid to the County. In the event that the City
withdraws from the urban county to become an entitlement grantee, as
provided under 24 CFR 570.504, all program income on hand or received by
the City from urban county activities shall be retained by the City to be used
as additional CDBG funds subject to all applicable requirements governing
the use of CDBG funds.
F. Change in Use of Property. City shall notify the County of any modification
or change in the use of real property acquired or improved in whole or in part
using CDBG funds that is within the control of the City, from that use planned
at the time of acquisition or improvement including disposition. Such
notification shall be made within thirty (30) calendar days of such change of
use and comply with the provisions of 24 CFR 570.505.
G. Fair Housing Implementation. Parties agree that no urban county funding
shall be allocated or expended for activities in or in support of any
cooperating unit of general local government that does not affirmatively
further fair housing within its own jurisdiction or that impedes the County’s
actions to comply with its fair housing certification.
H. Conflict Resolution. In the event of disagreement between the County and
the City as to the allocations, disbursement, use, or reimbursement of CDBG
funds, the Parties agree to accept HUD’s written determination as to the
appropriate resolution or disposition of funds to the extent HUD is willing to
resolve such disagreement.
SECTION V. Amendment or Extension of Agreement.
A. Subrecipient Agreement. For each fiscal year during the term of this
Agreement, County and City shall enter into a Subrecipient Agreement,
prepared jointly by County and City, which will list the project(s) City will
undertake with its CDBG entitlement funds during that program year. Said
Subrecipient Agreement will set forth the project changes, time schedule for
completion of the project(s), and additional funding sources, if any. If
substantial compliance with the completion schedule cannot be met by the
City due to unforeseen or uncontrollable circumstances, the County may
extend the schedule for project completion, as allowed by federal regulations.
B. Amendments. Any amendments to the Agreement shall be in writing.
Parties agree that any such fully executed amendment or amendments to this
ITEM NUMBER: A-3
DATE: 05/27/14
ATTACHMENT: 1
Agreement may be entered into at any time if required or necessary to
implement the plans contemplated hereunder, or to comply with any grant
agreement or the regulations issued pursuant to the Act.
SECTION VI. Compliance with Federal Regulations.
A. General. The Parties agree to take all actions necessary to assure
compliance with the urban county’s certifications required by section 104(b)
of Title I of the Housing and Community Development Act of 1974, as
amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing
Act, affirmatively furthering fair housing, Section 109 of Title I of the Housing
and Community Development Act of 1974; the National Environmental Policy
Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition
Act of 1970; and other applicable laws.
B. Citizen Participation. The Parties agree to comply with federal citizen
participation requirements of 24 CFR Part 91, and provide citizens with:
1) An estimate of the amount of CDBG funds proposed to be used for
activities that will benefit persons of low and moderate income; and
2) A plan for minimizing displacement of persons as a result of CDBG -
assisted activities and programs, and to provide assistance to such
persons.
C. Citizen Participation Plan. The Parties agree to follow a citizen participation
plan which:
1) Provide for and encourages citizen participation, particularly those of low
or moderate income who reside in slum or blighted areas where CDBG
funds are proposed to be used;
2) Provide citizens with reasonable and timely access to local meetings, staff
reports, and other information relating to grantee’s proposed use of funds,
as required by HUD regulations related to the actual use of funds under
the Act;
3) Provides for public hearings to obtain citizen views and to respond to
proposals and questions at all stages of the community development
program, including at least: 1) formulation of needs; 2) review of proposed
grant activities; and 3) review of program performance; for which public
hearings shall be held after adequate notice, at times and locations
convenient to potential or actual beneficiaries, and with accommodation of
handicapped persons;
4) Provides for a timely written answer to written complaints and grievances,
within 15 working days where practicable;
ITEM NUMBER: A-3
DATE: 05/27/14
ATTACHMENT: 1
5) Identifies how the needs of non-English speaking residents will be met in
the case of public hearings where a significant number of non -English
speaking residents can be reasonably expected to participate.
6) Identifies the use of non-traditional methods of community outreach,
including the provision of CDBG documents in a user-friendly format,
including but not limited to Braille, large print, oral format, and delivering
copies to homebound individuals.
D. The Parties hereby certify, to the best of their knowledge and belief,
that:
1) Conflict of Interest. No federal grant monies have been paid or will be
paid, by or on behalf of the Parties, to any officer or employee or any
agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan, or cooperative agreement.
2) Influence. If any funds other than federally appropriated funds have been
paid or will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress , an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit standard form
LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
3) Certifications Disclosure. Parties agree to include this certification in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative
agreements), and that all grant subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon
which reliance was placed when this transaction was entered into.
E. Certification Regarding Policies Prohibiting Use of Excessive Force and
Regarding Enforcement of State and Local Laws Barring Entrances.
In accordance with Section 519 Public Law 101-144 (the 1990 HUD
Appropriations Act), the City certifies that it has adopted and is enforcing.
1) A policy prohibiting the use of excessive force by law enforcement
agencies within their respective jurisdictions against any individuals
engaged in non-violent civil rights demonstrations; and
ITEM NUMBER: A-3
DATE: 05/27/14
ATTACHMENT: 1
2) A policy of enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the subject of
such non-violent civil rights demonstrations within their jurisdictions.
SECTION VII. Execution of Agreement and Recordkeeping.
A. HUD Certification. The Director is hereby authorized to execute and submit
to the County the HUD Certification Form with respect to the community
development activities carried out within the boundaries of the City. It is
further understood that the County will rely upon the certification executed by
the Director for purposes of executing a certification form for submission to
HUD.
B. Maintenance of Records. City shall maintain records of activities for any
projects undertaken pursuant to the program, and said records shall be open
and available for inspection by auditors assigned by HUD and/or County on
reasonable notice during the normal business hours of the City.
NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be
executed and attested by their proper officer thereunder duly authorized, and their
official seals to be hereunto affixed, all as of the day first above written.
County Counsel Certification
The Office of the County Counsel hereby certifies that the terms and provisions of this
Agreement are fully authorized under State and local laws, and that the Agreement
provides full legal authority for the County to undertake or assist in undertaking
essential community development and housing assistance activities, specifically urban
renewal and publicly assisted housing.
By:
Elizabeth Martyn , Deputy County Counsel
Date:
COUNTY OF SAN LUIS OBISPO
By:
Chairperson of the Board of Supervisors
Date:
ITEM NUMBER: A-3
DATE: 05/27/14
ATTACHMENT: 1
ATTEST:
Julie Rodewald, County Clerk
Date:
NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be
executed and attested by their proper officer thereunder duly authorized, and their
official seals to be hereunto affixed, all as of the day first above written.
CITY OF ATASCADERO
Tom O’Malley, Mayor
Date:
ATTEST:
Marcia McClure Torgerson, City Clerk
Date:
APPROVED AS TO CONTENT:
Rachelle Rickard, City Manager
Date:
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
Date:
ITEM NUMBER: B-1
DATE: 05/27/14
Atascadero City Council
Staff Report – City Manager’s Office
Atascadero Tourism Business Improvement District (ATBID)
Fiscal Year Confirmation of Annual Assessment
RECOMMENDATION:
Council adopt the Draft Resolution confirming the annual assessment for the
Atascadero Tourism Business Improvement District, Fiscal Year 2014-15.
DISCUSSION:
The City of Atascadero established the Atascadero Tourism Business Improvement
District (ATBID) to levy annual assessments under the Parking and Business
Improvement Area Law of 1989, by adopting Title 3, Chapter 16 of the Atascadero
Municipal Code in April 2013. The activities to be funded by the assessments on
lodging businesses within the ATBID are tourism promotions and marketing programs to
promote the City as a tourism destination. The formation and operation of a Tourism
Business Improvement District is governed by the California Streets & Highways Code
(Section 36500 et. Seq.)
The City Council appointed ATBID Advisory Board Members to serve at the pleasure of
the Council. The Advisory Board is made up of lodging business owners or employees,
or other representatives holding the written consent of a lodging business owner within
the ATBID area.
The Streets & Highways Code requires that the Advisory Board provide a report to the
City Council annually for the expenditure of funds derived from the assessment paid by
lodging businesses within the City. The annual report must meet the requirements of
the California Streets and Highway Code §36533. The Council received and approved
the annual report at its May 13, 2014 meeting. After the approval of the report, the City
Council is required to hold a public hearing. The purpose of the public hearing is to
receive public comment prior to the assessment being collected.
ITEM NUMBER: B-1
DATE: 05/27/14
The Atascadero Tourism Business Improvement District assessments are estimated to
be approximately $129,980 for the fiscal year. Following the public hearing, it is staff’s
recommendation that the Council adopt the proposed Resolution. Adoption of the
Resolution constitutes the levying of the assessment.
FISCAL IMPACT: None
ALTERNATIVES:
1. The City Council may direct staff to amend the Resolution before adoption.
ATTACHMENT:
1. Draft Resolution
ITEM NUMBER: B-1
DATE: 05/27/14
ATTACHMENT: 1
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO CONFIRMING ATASCADERO
TOURISM BUSINESS IMPROVEMENT DISTRICT (ATBID)
ASSESSMENT FOR FISCAL YEAR 2014-2015
WHEREAS, the City of Atascadero established a Tourism Business Improvement
District consistent with Section 36500 et seq. of the Streets and Highways Code of the State of
California; and;
WHEREAS, the City Council has determined to set the assessment at two percent (2%)
of the rent charged by the Business per occupied room or space per night for transient
occupancies; and,
WHEREAS, the purpose of this assessment is to provide tourism promotions and
marketing programs to promote the City as a tourism destination pursuant to the Streets &
Highways Code of the State of California; and,
WHEREAS, the City Council, having received the annual report from the ATBID,
adopted Resolution No. 2014-027, declaring intent to levy annual ATBID assessment pursuant to
Section 36534 of the California Streets and Highways Code; and,
WHEREAS, the City Council did fix a time and place for a public hearing on the levy of
the proposed assessment for fiscal year 2014-2015; and,
WHEREAS, on May 27, 2014, the City Council conducted a public hearing at the date
and time for such purpose; and,
WHEREAS, the City Council did not receive the required number of protests for the
levy of such assessment.
NOW, THEREFORE BE IT RESOLVED:
1. That the City Council of the City of Atascadero does hereby confirm the assessment at
two percent (2%) of the rent charged by the Business per occupied room or space per night for
transient occupancies.
ITEM NUMBER: B-1
DATE: 05/27/14
ATTACHMENT: 1
On motion by Council Member _______________________________, and seconded by
Council Member ________________________________, the foregoing Resolution is hereby
adopted following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ADOPTED: __________________, 2014
CITY OF ATASCADERO
Tom O’Malley, Mayor
ATTEST:
By: _
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
By:
Brian A. Pierik, City Attorney
ITEM NUMBER: C-1
DATE: 05/27/14
Atascadero City Council
Staff Report - Community Development Department
PLN 2014-1492
ECHO On-Site Operations Management Plan
(ECHO / City of Atascadero)
RECOMMENDATION:
City Council adopt Draft Resolution A, approving the on-site management plan for the El
Camino Housing Organization (ECHO) operating an emergency shelter at 6370
Atascadero Mall for consistency with the City’s Emergency Shelter Ordinance.
REPORT-IN-BRIEF:
City Staff has been working with ECHO on a proposed On-Site Management Plan. The
On-Site Management Plan is required by the Atascadero Municipal Code, section 9-3.504
in conjunction with the operation of an Emergency Shelter, which was adopted by the City
Council last fall. The On-Site Management Plan covers the following items:
Rules and regulations for overnight clients
Client logs process
Security and safety plans
Description of programs
Signage requirements
Neighborhood liaison
Neighborhood meeting and dispute resolution process
SITUATION AND FACTS:
1. Applicant / Owner: El Camino Real Homeless Organization (ECHO)
6370 Atascadero Mall, Atascadero, CA 93422
(APN 030-341-013)
2. General Plan Designation: High Density Residential (HDR)
ITEM NUMBER: C-1
DATE: 05/27/14
3. Zoning District: Residential Multi-Family (RMF-20) /
Emergency Shelter Overlay (ES)
4. Environmental Status: Exempt from CEQA (Section 15061.(3) Review
for Exemption; not a project)
DISCUSSION:
Background: In September 2013, the City Council adopted an Emergency Shelter (SB-
2) ordinance for consistency with State Law and the City’s adopted Housing Element.
As a part of that approval, the City Council also designated a site specific location, (APN
030-341-013) as the location for an overnight emergency shelter. This site was home to
a temporary shelter run by the El Camino Homeless Organization (ECHO). With the
adoption of the SB-2 overlay, the ECHO site became a permanent homeless shelter
within the City.
Atascadero Municipal Code (AMC), section 9-3.504 requires that an on-site management
plan be submitted to City Staff within sixty (60) days of approval of the overlay zone.
Section 9-3.504 (e) requires ECHO to enter into an “operations agreement” with the City.
The Operations Agreement allows the City to review rules and regulations that the
emergency shelter will abide by, and provide some flexibility in changing these rules if the
operations need to be adjusted to issues arising in the future, without the need for
amending the City’s Emergency Shelter ordinance. The Operations Agreement includes
the following:
List of programs offered
Operation standards
A security and safety plan
Neighborhood relations
Mechanisms for enforcement of the agreement
ECHO submitted an initial draft to which Staff responded with comments. Staff and ECHO
have met numerous times to review and refine the management plan that meets ECHO’s
Board of Director’s objectives as well as meets requirements established by the City’s
ordinance.
Analysis: The following is a quick synopsis of the on-site management plan. Attachment 2
contains the complete On-Site Management Plan submitted to the City Council for review
and approval.
ITEM NUMBER: C-1
DATE: 05/27/14
Programs Offered
Programs offered at the shelter include the following: Emergency Shelter meals for shelter
clients, case management for clients, tutoring for children of clients, and parental classes.
The Open Meal program has been referenced, however this is subject to Conditional Use
Permit (CUP) approval by the Planning Commission. In the event that the Planning
Commission denies the CUP or an approved CUP for the meal program is revoked, the
open meal program will no longer be offered.
Operating Standards
This section includes the standards to which the shelter would be run. This includes:
hours of operation consistent with standards established by the SB-2 ordinance
Number of beds, which will be 50, consistent with the overlay zone standards
Number of Staff persons and definition of their roles
Rules and regulations of clients
Under the rules and regulations of the clients, the admission process is outlined that
includes the following:
Screening for alcohol use with a Breathalyzer
Screened for listing on the State of California Department of Justice designated
registered sex offender list (Megan’s Law)
Review for any outstanding warrants as determined by the Atascadero Police
Department
Random drug testing for drug or alcohol use at the discretion of the shelter
manager
A list of rules and shelter procedures is also included. The procedures outline what each
client must do as a condition to staying at the shelter including some of the following:
No client permitted to leave the property or go to their vehicle un-escorted
Morning and evening chores are assigned daily
Twenty-four (24) hour previous permission from the shelter manager required for
absences or late arrivals
No bed can automatically be guaranteed or saved
Appropriate attire must be worn at all times. Shirts and shoes are mandatory
Lights are off in dorms at 9:00 p m. Adults may quietly watch T V with door
open/ajar, read, study, etc. until 10:00 p m, at which time everyone must be in bed
Lights go on at 6:00 a.m. Everyone must get up, dress and clean area by 6:30 a m.
Disciplinary measures including definitions of infractions have been included and clarified.
ECHO has included two types of infractions: a minor and major infraction. A client can
have up to four (4) minor infractions within a 90-day period before an expulsion from
services. Minor infractions include but are not limited to:
ITEM NUMBER: C-1
DATE: 05/27/14
Verbal abuse of volunteers, chaperones, staff, visitors or other clients
Failing to get prior permission from the shelter manager to arrive late or leave early
including leaving the campus after being admitted to the dormitory
Disruptive behavior or creating a negative environment
Failing to directly supervise children, or allowing children to be overly disruptive;
Disturbing others with unnecessary noise
Failing to respond reasonably to staff requests
Major infractions are cause for immediate expulsion and termination of services. Some
major infractions include:
Testing positive for or possessing alcohol or drugs
Refusing drug testing or search
Inappropriate sexual behavior or possessing sexually explicit material
Violence or threats of violence to self or others
Possessing weapons or other devices capable of harming persons or property
Staying out of the shelter overnight without permission of the Shelter Manager 24
hours in advance
Any behavior deemed by Shelter Management to threaten the ongoing health,
safety or domestic tranquility of the shelter environment
ECHO agrees to maintain daily logs of overnight clients, meal recipients, and all
individuals who have been suspended from services. These logs will be available for
review to the City by request.
Security and Safety
This section includes standards for compliance with the California Building Codes, loitering
control, and an outdoor management and security plan. This included upgrades to lighting
and the number of monitors outside.
Neighborhood Relations
This section outlines persons responsible within ECHO for neighborhood relations, as well
as a dispute resolution process for complaints that neighbors may have. As a part of the
dispute resolution, ECHO has included a code violation complaint option which may be
submitted to the City and investigated, similar to the City’s current code violation complaint
system. City Staff would investigate a complaint based on the Atascadero Municipal
Code, California Building Code, or any other regulation that ECHO operations fall under
and that the City has jurisdiction over.
ITEM NUMBER: C-1
DATE: 05/27/14
Enforcement Mechanism
The agreement would be between ECHO and the City of Atascadero for the operation
of the Emergency Shelter. Both the City Council and ECHO will act in good faith to
implement the Operations Agreement. Any operational issues that cannot be resolved
by ECHO and City staff will be forwarded to the Atascadero Planning Commission for
their consideration.
Proposed Environmental Determination
The agreement is exempt from the California Environmental Quality Act (CEQA) per
Section 15061(3).
Conclusion: City Staff has worked diligently with ECHO to ensure items have been
addressed consistent with the Atascadero Municipal Code. If the City Council adopts
Draft Resolution A, the management plan will be reviewed by City Staff on an annual
basis. Consistent with the City’s Emergency Shelter Ordinance, any issues that cannot
be resolved will be forwarded to the Planning Commission for review at a publicly
noticed hearing. Staff is recommending that the City Council adopt Draft Resolution A.
FISCAL IMPACT:
There is no projected fiscal impact with the proposed adoption of the operations
management plan.
ALTERNATIVES:
1. The Council may make minor modifications to the proposed management plan.
2. The City Council may determine that more information is needed on some aspect
of the proposed management plan 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 management plan. The Council should specify the
reasons for denial and recommend an associated finding with such action. The
Council should deny the management plan without prejudice so that ECHO and
City Staff can continue to refine the plan.
ATTACHMENTS:
Attachment 1: Site Location – Proposed Emergency Shelter (ES) Overlay Site
Attachment 2: Draft Ordinance A
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 1
ATTACHMENT 1: Site Location – Emergency Shelter Overlay Site
Emergency Shelter
Overlay Site (ES) / ECHO
Location
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 2
ATTACHMENT 2: Draft Ordinance A
DRAFT RESOLUTION A
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING AN ON-SITE OPERATIONS MANAGEMENT PLAN
CONSISTENT WITH THE ATASCADERO MUNICIPAL CODE SECTION 9-
3.504 FOR AN EMERGENCY SHELTER
PLN 2014-1492
(El Camino Homeless Organization/City of Atascadero)
WHEREAS, an application has been received from the El Camino Homeless
Organization (ECHO) (6370 Atascadero Mall, Atascadero CA 93422), to consider approval of an
On-Site operations management plan for consistency with the Atascadero Municipal Code
section 9-3.504 (e), a requirement for designated emergency shelters; and
WHEREAS, City Staff has reviewed the proposed on-site management plan and
recommends that the City Council adopt the proposed management plan; and
WHEREAS, a Notice of Exemption was 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 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, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on May 27, 2014 studied and considered the proposed on-site management plan; and,
SECTION 3. Approval. The Atascadero City Council, in a regular session assembled
on May 27, 2014, resolved to approve the On-site Management Plan with the El Camino
Homeless Organization (ECHO), subject to the following:
EXHIBIT A: Categorical Exemption
EXHIBIT B: ECHO On-Site Management Plan
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 2
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., Tom O’Malley, Mayor
City Clerk
APPROVED AS TO FORM:
______________________________
Brian Pierik, City Attorney
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 2
EXHIBIT A: Categorical Exemption
PLN 2014-1492
ECHO On-site Management Plan
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 2
EXHIBIT B: On-Site Management Plan
PLN 2014-1492
ECHO On-site Management Plan
El Camino Homeless Organization (ECHO)
Operations and Management Plan
The El Camino Homeless Organization (ECHO) is a 501(c)3 nonprofit organization that
operates an emergency overnight homeless shelter at 6370 Atascadero Mall in
Atascadero, CA. ECHO currently provides emergency shelter for families and
individuals whom do not have permanent housing. The following is a proposed
operations and management procedures as required by the City of Atascadero for
operation of an Emergency Shelter, consistent with section 9 -3.504 (e) of the
Atascadero Municipal Code.
1. Programs Offered
1.1 Emergency Shelter with meals for Shelter clients.
1.2 Case Management
a. Case Management. Clients that are admitted to the shelter are required
to enter case management after their 5 day probation period. Case
managers work with clients to create a plan to address their needs. Clients
are required to meet with their case managers once a week to follow up
on their progress.
1.3 Additional Services
a. Tutoring for children. Through the San Luis Obispo County Office of
Education, tutoring is available at ECHO. Cal Poly students are recruited
for this task. Tutoring takes place during the public academic calendar at
ECHO. Tutors work with ECHO children to meet their academic goals.
b. Parenting classes. Parenting classes have been made available at
ECHO. We are currently not holding any parenting classes as a result of
low enrollment. Parents can receive parenting support with their case
manager and through Parent Connection.
1.4 Open Meal Program
a. Open Meal program. An Open Meal program that provides an evening
meal to people other than Shelter clients is subject to Conditional Use
Permit (CUP) approval. Rules and regulations of the meal program will be
contained in the CUP as conditions of approval. In the event that a CUP is
denied or a CUP is revoked, the Open Meal Program will no longer be a
program that is offered.
2. Operating Standards
2.1 Hours of Operation
a. The ECHO campus hours of operation are from 4:00 p.m. to 9:00 a.m.
daily.
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 2
b. The overnight shelter is to be operated bet ween the hours of 4:30 p.m.
and 7:30 a.m. daily.
c. Shelter clients and the general public are not permitted on the premises
during non-operating hours.
d. Exceptions:
(1). Clients with appointments with the case manager(s)
(2). ECHO staff, volunteers, and personnel under direct contract
from ECHO.
e. ECHO may host a maximum of one (1) function per month that is
exempted from the normal hours of operation . These functions may
include but are not limited to: fund raisers, neighborhood meetings/open
houses without shelter clients being present; and/or holiday gatherings or
government sponsored enumeration surveys where shelter clients are on-
the premise.
2.2 Number of Beds
a. The dorm facility has a maximum of fifty (50) beds.
2.3 Staffing
a. Overnight Staffing. Overnight staffing will include one (1) staff person or
trained volunteer per twenty-five (25) guests.
b. Outdoor Monitors. Two (2) outdoor monitors are to be on -site from the
hours of 4:00 p.m. to 6:15 p.m. daily.
c. Case Managers. Case Managers work one-on-one with shelter clients.
They assist clients with a wide range of issues on a case -by-case basis that includes,
but not limited to finding permanent housing, health care financial assistance or job
training. Case Managers works under the direct supervision of the Executive Director.
d. Volunteers. Volunteers fill positions and perform tasks related to the
operation of the shelter. Volunteers complete an application and screening process prior
to being matched with appropriate roles and responsibilities. Volunteers are trained and
supervised by ECHO’s Volunteer Coordinator and senior volunteer team leaders.
e. Volunteer Coordinator. The Volunteer Coordinator works to increase
volunteer recruitment through enhanced community outreach and to develop and
implement the Volunteer Development Program. The Volunteer Coordinator works to
ensure that ECHO has the appropriate quantity and quality of volunteers to fulfill its
mission. The Volunteer Coordinator is directly responsible to the Executive Director.
f. Shelter Manager. Under the supervision of the Executive Director, the
Shelter Manager is responsible for overseeing and coordinating the activities of clients
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 2
and volunteers during the hours of shelter operation. The Shelter Manager ensures that
the facility is ready and safe for shelter operations. During hours of operation, the
Shelter Manager is in charge of the shelter.
g. Executive Director. The Executive Director is the liaison with the Board
of Directors and is directly responsible for overseeing and guiding the organization’s
operations. The Executive Director is directly responsible to ECHO’s board of Directors.
h. Executive Committee. The Executive Committee includes the President,
Vice President, Secretary, Financial Secretary and Treasurer of ECHO’s Board of
Directors.
2.3 Rules and Regulations of Clients
a. Admission to shelter. Prior to admission to ECHO, the following
screening methods will be used for clients and or guests:
(1).Screening for alcohol use with a Breathalyzer.
(2). Screened for listing on the State of California Department of
Justice designated registered sex offender list (Megan’s Law).
(3). Review for any outstanding warrants as determined by the
Atascadero Police Department.
b. Drug Testing. Guests may be randomly tested for drug and alcohol use
at the discretion of the Shelter Manager.
c. Shelter Rules. ECHO establishes the following rules for each client /
guest that utilizes services provided by ECHO. These rules are in a form of an
agreement and must be signed by the client/guest. Violation of these rules may
be cause for immediate and permanent termination of ECHO services at the
discretion of the shelter manager:
(1). The use or storage of drugs, alcohol or tobacco while on the
premises is strictly prohibited with the exception of prescribed
medications, which shall be reported to ECHO staff.
(2). Clients/guests agree to any drug testing or search and comply
in a timely manner per staff instructions.
(3). Theft or use of other’s belongings without their permission,
including ECHO property is prohibited.
(4). The display of inappropriate sexual behavior including
possession of sexually explicit material is prohibited.
(5) Clients/guests agree to dress modestly and appropriately at all
times, including shirt and footwear.
(6) The display of any form of threatening behavior including
profanity or violence toward themselves or others is prohibited.
(7). Possess of any weapons or other devices that could be used to
cause harm to persons or property is prohibited.
(8). Clients/guests agree to monitor children’s behavior at all times.
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 2
(9). Failure to stay overnight at the shelter without prior permission
of the shelter manager may result in up to 12 months suspension
from ECHO services.
(10). Any behavior deemed by Shelter Management to be
threatening to the ongoing health, safety or domestic tranquility of
the shelter environment may result in the immediate and permanent
termination of ECHO services.
d. Shelter Procedures. ECHO has established the following procedures
that each guest must follow as a condition to staying at the shelter:
(1). After being admitted to the dormitory, no client is permitted to
leave the property or go their vehicle un-escorted.
(2). Morning and evening chores are assigned daily. Clients are
expected to check list independently. All assigned chores must be
completed in a timely manner.
(3). Clients may enter the dorm area at 4:30 p m and the campus
closes at 6:15 p.m. for the night.
(4). Each resident is issued one trunk (lock not included). All shoes
and clothing should be kept in the trunk and stored under the bed.
(5). Sleeping area must be kept neat and void of excessive
personal belongings.
(6). Twenty-four (24) hour previous permission from the shelter
manager is required for absences or late arrivals. No bed can
automatically be guaranteed or saved.
(7). Showers are available until 9:00 p m only. No morning
showers.
(8). Appropriate attire must be worn at all times. Shirts and shoes
are mandatory.
(9). No food or drink is allowed in the dorm (except water or baby
bottles).
(10). Young children must be quiet and ready for bed by 8:30 p m.
Parents must straighten child’s sleeping area prior to bedtime.
(11). Lights are off in dorms at 9:00 p m. Adults may quietly watch T
V with door open/ajar, read, study, etc. until 10:00 p m, at which
time everyone must be in bed.
(12). Lights go on at 6:00 a m. Everyone must get up, dress and
clean area by 6:30 a m.
(13). Dining room is open at 6:00 a m for coffee, juice or a light
breakfast and any lunch required. Dining room must be clean and
vacated by 7:00 a m and all clients off the property by 7:30 a m.
2.4 Disciplinary Measure for Violation of Rules and Procedures
a. Infractions. Infractions include any violation of ECHO’s Rules or Procedures.
b. Minor infractions. An infraction will be issued for the following violations. Up to
four (4) infractions will be issued for any of the following violations. A fifth (5)
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 2
infraction within 90 days will result in expulsion from services. The following are
considered minor infractions:
(1). Verbal abuse of volunteers, chaperones, staff, visitors or other
clients.
(2). Smoking or chewing tobacco anywhere on the grounds
(including the parking lot).
(3). Failing to get prior permission from the shelter manager to
arrive late or leave early including leaving the campus after being
admitted to the dormitory.
(4). Disruptive behavior or creating a negative environment.
(5). Wearing inappropriate or suggestive clothing, including no shirt
or footwear.
(6). Failing to directly supervise children, or allowing children to be
overly disruptive.
(7). Disturbing others with unnecessary noise between 10:00 p m
and 6:00 a m.
(8). Bringing food or beverages (except water bottles or baby
bottles) into the dorms.
(9). Being in any unauthorized location in the shelter.
(10). Changing beds or using an unauthorized sleeping location.
(11). Having a dirty or cluttered sleeping area and/or having
excessive personal property.
(12). Failing to respond reasonably to staff requests.
(13). Failing to complete assigned chores.
(14). Returning to a car without an escort after being admitted to
the dorm.
(15). Loitering on shelter grounds between 7:30 a m and 4:00 p m.
(16). Leaving vehicle in parking lot during the day, working on or
sleeping in vehicle.
(17). Lying or failing to disclose complete information.
c. Major Infractions. The following are infractions that will result in immediate
expulsion from services. The duration of expulsion will be at the discretion of the shelter
manager.
(1). Testing positive for or possessing alcohol or drugs.
(2). Refusing drug testing or search.
(3). Inappropriate sexual behavior or possessing sexually explicit
material.
(4). Willful destruction of shelter property.
(5). Violence or threats of violence to self or others.
(6). Theft of ECHO or client property.
(7). Possessing weapons or other devices capable of harming
persons or property.
(8). Staying out of the shelter overnight without permission of the
Shelter Manager 24 hours in advance.
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 2
(9). Any behavior deemed by Shelter Management to threaten the
ongoing health, safety or domestic tranquility of the shelter
environment.
2.5 Client / Guest Logs. ECHO maintains daily logs of overnight clients, meal
recipients and all individuals who have been suspended from services. The logs are
available for review to the City of Atascadero upon request.
3.0 Security and Safety.
3.1 Occupant Safety
a. Installation of Fire Sprinklers. Fire sprinklers have been installed
throughout the facility per California Building Code requirements. Additionally,
emergency lighting has been installed to illuminate exits and provide lighting in the
event of a power outage,
b. Americans with Disability Act upgrades. All ADA requirements have
been or are being installed per California Building Code.
c. Site Upgrades. Site upgrades include the installation of new LED
lighting in the parking lot and exterior of the building. Video surveillance cameras are
being installed on the exterior of the building,
d. Evacuation Plan. An evacuation plan to safely exit people from the new
dorm facility will be provided.
e. Monitors. Shelter volunteers are trained to follow emergency protocols
for a variety of situations including medical, threats of violence, fire and natural
disasters.
f. Children’s Play Area. Children’s play area is fenced for controlled
access.
3.2 Loitering Control
a. Site Signage. “No loitering, No trespassing and No Camping” signage
will be placed in locations as shown in Exhibit B of this agreement.
Signage is to be consistent with the California Penal Code.
b. Landscaping and Fencing. Landscaping and fencing will be completed
consistent with Exhibit A of this agreement. A landscaping and fencing
plan will be submitted to the City as a part of the building permit process.
c. Designated Assembly Area. A designated assembly area will be utilized
as shown in Exhibit A. This area is approximately 20-feet from the rear
property line.
d. Playground Location. Existing playground is proposed to be relocated to
reduce noise complaints from neighboring residents. Exhibit A shows
proposed locations. All playground improvements will be consistent with
City and State regulations.
3.3 Outdoor Management and Security
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 2
a. Lighting. ECHO will upgrade the existing exterior lighting with the
following improvements:
(1). Upgrade of existing parking lot lighting to LED. This upgrade
will be completed as a part of facility upgrades and consistent with
City and State regulations.
(2). Building perimeter lighting will be upgraded to LED consistent
with the California Building Code. City of Atascadero will review
installation to ensure no light spillage into neighboring properties.
b. Video Surveillance. A high definition video s urveillance system will be
installed and monitored by ECHO staff along the building perimeter.
c. Outdoor Monitors. Two (2) outdoor monitors (one (1) front, one (1) rear)
patrol the campus from 4:00 p.m. until 6:15 p.m. to ensure ECHO Rules and
Procedures are being followed. Outdoor Monitors are only responsible for monitoring
property owned by ECHO.
4.0 Neighborhood Relations
4.1 Community Liaison.
a. Community Liaison. ECHO has a designated community liaison to
address any issue or complaint raised by a neighbor or community member that
involves a shelter resident(s) or shelter operations. The Community Liaison is the
Executive Director or their designee.
b. Complaints Received. Any complaint received by the community liaison
is forwarded to ECHO’s Executive Director for his/her action. The Executive
Director must respond to the complaint with in five (5) working days from the date
the complaint was received.
c. Contact. The community liaison contact information is posted at the
shelter and on ECHO’s website at www.echoshelter.net .
4.2 Community Contact.
a. Hotline. 805.952.3031 or 805.462.3663.
b. Email. echoshelter@yahoo.com
c. Direct Mail. ECHO, P.O. Box 2077 Atascadero, CA 93423
4.3 Neighborhood Meetings
a. Neighborhood Meetings. ECHO will host a minimum of two (2)
neighborhood/community meetings per year. The purpose of the meetings is to
both educate the community about ECHO and address any questions and/or
concerns about shelter operations.
b. Meeting Notices. Meeting notices will be mailed directly to ECHO’s
neighbors, placed in local media and on ECHO’s website. ECHO will obtain the
latest mailing list from the City of Atascadero. (Mailing Radius provided by City)
4.4 Neighborhood Dispute Resolution
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 2
a. First Action. Any violation of ECHO Rules and Procedures or other
concerns about shelter operations can be reported by contacting the Neighborhood
Liaison and filing a complaint. The Executive Director will act on the complaint with in
five (5) working days.
b. Second Action. Any issues not resolved by the Executive Director will
be forwarded to the Executive Committee of the ECHO Board of Directors for
further action. The Executive Committee must act on the complaint within ten
(10) working days. If action by the Executive Committee does not resolve the
complaint then the complaint can be brought to a third action.
c. Third Action. Issues or complaints not adequately resolved by the
ECHO Executive Committee may be submitted to the City of Atascadero as a
code violation complaint.
d. Code Violation Compliant. A dispute that results in a submitted code
violation to the City of Atascadero will be investigated by City Staff based on the
adopted municipal code, adopted building code or any other regulation that
ECHO operations fall under and that the City has jurisdiction over. This process
will be consistent with the City’s Code Enforcement process.
5.0 Enforcement Mechanisms.
5.1 This Agreement is between ECHO and the Atascadero City Council for the
operation of the Emergency Shelter. Both entities will act in good faith to implement this
Operations Agreement. Any operational issues that cannot be resolved by ECHO and
City staff will be forwarded to the Atascadero Planning Commission for their
consideration
ITEM NUMBER: C-1
DATE: 05/27/14
ATTACHMENT: 2
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ATTACHMENT: 2
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ITEM NUMBER: C-2
DATE: 05/27/14
Atascadero City Council
Staff Report - Community Development Department
Economic Development
Commercial District Appearance
Update Report: Signage Clean-up Strategy
RECOMMENDATION:
Council receive and file staff’s signage clean-up strategy update report.
DISCUSSION:
Background: As part of the City Council’s 2014 Strategic Planning process, the Council
discussed the appearance of the City’s Commercial District. At the February 11, 2014
City Council meeting, the Council agreed (see figure below) that the appearance of the
Commercial District along El Camino Real needs to be improved and that temporary
and un-permitted signs are a concern.
ITEM NUMBER: C-2
DATE: 05/27/14
The Council tasked staff with developing a program to improve the appearance of
commercial signage based on the following principles:
Start with education and voluntary compliance
Develop a partnership with Chamber of Commerce
Maintain a positive, business friendly approach
Analysis: Based on Council direction, staff and the Chamber of Commerce have put
together a team and strategy to address commercial signage issues. The team has met
three times so far and consists of the following members:
Lindy Hendy
Grigger Jones
Kelly Long
Ray Johnson
Cory Black
Warren Frace
The team’s strategy involves building a “Good for Business” outreach message that will
seek to address the following:
ITEM NUMBER: C-2
DATE: 05/27/14
The team strategy will focus initially on the following education and outreach programs
over the next six months:
Sign company outreach meetings (June 2014)
Business walk outreach to all El Camino Real businesses (September 2014)
Business appearance workshop meeting with Pierre Rademaker (October 2014)
Signage loan program with local banks (June – October 2014)
The business walk outreach will be a high profile event that will involve multiple teams
of Chamber members and City OED members. The goal will be to visit all of the
businesses along El Camino Real in a short period to discuss the Good for Business
signage program. The business appearance workshop will be held at Galaxy Theater
and feature Pierre Rademaker, a local expert of commercial signage and branding.
Staff and the Chamber of Commerce are prepared to move forward with the proposed
strategy if endorsed by the City Council.
FISCAL IMPACT: None. While the receipt and file of this report has no direct fiscal
impact, implementation of the signage clean-up strategy will require that budgeted staff
time be spent on the project.
ALTERNATIVES:
1. Direct staff to modify, change or abandon the signage clean -up strategy.
ITEM NUMBER: C-3
DATE: 05/27/14
Atascadero City Council
Staff Report - Community Development Department
Pending General Plan Amendment
“Old Atascadero Library Site”
Request for Authorization to Process
PLN 2014-1506
6850 Morro Rd, 6907 & 6925 Atascadero Ave.
(County of San Luis Obispo)
RECOMMENDATIONS:
1. Council Adopt Draft Resolution A, authorizing staff to process the proposed
General Plan Amendment application, with a neighborhood meeting and
study session; and,
2. Deny the applicant’s request for a fee waiver of all City application fees for the
General Plan Amendment, associated Zone Change applications, and the
mailing and label generation fees.
REPORT-IN-BRIEF:
A General Plan Amendment has been submitted to consider the re -designation of the
existing Atascadero Library site to Commercial Professional with a PD-3 overlay district.
The site is currently comprised of four (4) parcels zoned Public, Commercial
Professional, and Residential Multi-Family. The County is proposing to consolidate the
proposed commercial properties to provide for the sale of the parcel once the Library
has relocated to their new building on Capistrano Ave. The County’s proposal also
includes parcels fronting Atascadero Avenue which are proposed to be sold as multi -
family parcels. Staff’ initial review identified a number of concerns related to parking and
site configuration as discussed below.
ITEM NUMBER: C-3
DATE: 05/27/14
Site Vicinity Map, Land Use and Zoning
Situation and Facts:
1. Applicant / Owner: County of San Luis Obispo
General Services Agency
1087 Santa Rosa Rd
San Luis Obispo, CA 93408
2. Project Addresses: 6850 Morro Rd (APN’s 030-282-033, 027), 6907
Atascadero Ave (APN 030-282-018) & 6925
Atascadero Ave (APN 030-282-032)
3. General Plan Designation: 6850 Morro Rd – GC (General Commercial) and P
(Public)
2 parcels:
080-282-033 & 030-
282-032
Existing Designation:
Public (P)
1 parcel:
030-282-027
Existing Designation:
General Commercial -
Commercial Professional /
PD-3 (GC - CP/PD-3)
1 parcel:
030-282-018
Existing Designation: High
Density residential /
Residential Multi-Family
20du/ac (HDR/RMF-20)
ITEM NUMBER: C-3
DATE: 05/27/14
6925 Atascadero Ave – P (Public)
6907 Atascadero Ave – HDR (High Density Residential)
4. Zoning District: 6850 Morro Rd – CP/PD-3 (Commercial Professional /
Planned Development Overlay #3) and P (Public)
6925 Atascadero Ave – P (Public)
6907 Atascadero Ave – RMF-20 (Residential Multi-
Family – 20 du/ac)
5. Site Area: 1.1 acres total
6. Existing Use: County Library and associated parking and storage
facilities
7. Environmental Status: Not determined – Application pending
Authorization and Processing
Council policy requires City Council review and an authorization in order for staff to
process General Plan Amendment applications. The Council’s policy also requires all
amendments to be reviewed and processed in such a manner as to facilitate citizen
participation. The policy outlines the following process:
A. Neighborhood Meeting. The applicant is required to hold a neighborhood
meeting to present the request to citizens of the area neighborhood s and for the
citizens to identify, list, and discuss issues related to the amendment. The
applicant is responsible for organizing and conducting the meeting and
attempting to resolve as many issues as possible before submitting a formal
application to the City for review and processing.
B. Study Session. Staff presents the basic facts of the amendment application to a
joint City Council/Planning Commission study session, along with General Plan
and environmental analysis. Comments from the Planning Commission and the
public are received by staff for further consideration. The applicant is responsible
for resolving of as many issues as possible before submitting a formal application
to the City.
ITEM NUMBER: C-3
DATE: 05/27/14
DISCUSSION:
Background: In December of 2010, San Luis Obispo County, along with the City of
Atascadero and the Friends of the Atascadero Library, purchased a new larger building
at 6555 Capistrano Avenue to provide the location for the new Atascadero Library. As
interior improvements are nearing completion at this new facility, the County is seeking
to sell the existing library location. The location consists of a number of parcels zoned
for commercial, public, and residential uses. The County has concluded that the highest
and best use for the site is likely to be a mixture of commercial and residential in nature,
and thus, the County has applied for a General Plan Amendment and associated Zone
Change application to remove the Public land use and zoning designations.
Land Use and Zoning
The City has received a General Plan Amendment (GPA) application which proposes to
change the land use designation of several lots facing Morro Road and Atascadero
Avenue at the site of the current County Library facility. The general plan and zoning
designations include General Commercial/Commercial Professional/PD-3, Public, and
High Density Residential/Residential Multi-family (20du/ac). Due to the relocation of the
library facilities to Capistrano Ave, the County is seeking to redesignate the larger
Public parcel for Commercial uses and the smaller Public parcel fronting Atascadero
Ave to Multi-Family Residential.
Commercially zoned properties currently front Morro Rd with properties to the Northern
boundary zoned Commercial Professional/PD-3 and properties to the East zoned
Commercial Retail. Properties to the North fronting Atascadero Ave and to the west are
designated High Density residential and allow a maximum development potential of 20
dwelling units per acre. The immediate property to the South is zoned Commercial
Retail while more southern properties fronting Morro Rd are zoned Commercial
Professional/PD-3.
Staff has concerns regarding the ability of the existing site to provide adequate parking
for a future tenant. Commercial use of the existing building may necessi tate that the
parcels currently proposed by the County to be residential be zoned for commercial use
instead and merged with the main parcels to allow for the provision of additional
parking. Parking requirements related to potential future uses are discus sed in detail
below.
Current Project Proposal:
The County is proposing to change the larger public zoned parcel to Commercial
Professional with a PD-3 overlay zone consistent with the adjacent zoning district and
change the smaller public parcel fronting Atascadero Ave to Residential Multi-Family
allowing for a maximum of 20-dwelling units per acre. This proposed change to multi -
family residential is requested in order to make the existing adjacent multi -family site
ITEM NUMBER: C-3
DATE: 05/27/14
easier to develop due to the long narrow proportion of the site. The added multi-family
parcel may alleviate development constraints and create a more viable building area for
a future multi-family project.
Analysis:
Commercial Parking Requirements:
The existing library building is 7,748 square-feet. Based on parking ratios required by
the Atascadero Municipal Code, parking requirements may be as high as 39 spaces for
uses such as medical offices, dance studios, gymnastic schools, and similar uses. Staff
has outlined potential future uses as permitted within the CP zoning and associated
parking requirements in the table below.
The library site currently provides 26 parking spaces on the main parcel and an
additional 9 spaces on the smaller parcel as depicted ab ove. Staff anticipates that some
Existing Designation:
Public (P)
County proposal:
CP/PD-3
This parcel would be
merged with the
adjacent parcel as the
building crosses the
current property line
Existing Designation:
Residential Multi-Family
(RMF-20)
County proposal: RMF-
20
Staff concern: may be
too narrow to be
feasible for additional
units
10’ minimum
landscaped
setback to
building or
parking (PD-3)
Existing
Designation:
Commercial
Professional
(CP/PD-3)
County proposal:
CP/PD-3
This parcel would
be merged with the
adjacent parcel as
the building crosses
the current property
line
12.5’ minimum
landscaped
setback to
building or
parking (PD-3)
Existing Designation:
Public (P)
County proposal: RMF-
20
Staff concern: may be
needed to meet
parking requirements
for future use
12.5’ building setback to
residential property for
buildings <15-feet in
height (PD-3)
ITEM NUMBER: C-3
DATE: 05/27/14
parking may be required to be eliminated from the smaller parcel in order to conform to
PD-3 setback requirements reducing the number of spaces to 7.
# spaces on larger lot # conforming spaces on
smaller lot
Total combined spaces
Existing Library site 26 7 33
Potential use Required parking
ratio
# of spaces
required
Main parcel deficit Combined parcel
deficit
Medical offices 1/200 sf 39 -13 -6
Gymnastic / dance/
martial arts studio 1/200 sf 39 -13 -6
Professional office 1/400 sf 20 none none
General Merchandise 1/300 sf sales area 26 none none
Business Support
Services 1/400 sf 20 none none
If the smaller Public parcel fronting Atascadero Avenue is rezoned for residential uses,
the ability to provide parking on the remaining commercially zoned parcels may limit
potential tenants and future uses of the site. Should the Council direct staff to process
this application, staff recommends that direction be given regarding the most
appropriate zoning configuration to ensure that the highest and best use for the property
is achieved while maintaining neighborhood character along Atascadero Avenue.
Residential Multi-Family Development Constraints:
The existing multi-family parcel is currently developed with a single -family house that
was once used for library storage. The existing site is approximately 45 -feet wide along
the Atascadero avenue frontage. This factor may limit the development potential of the
site as a multi-family property based on access and parking design requirements.
Because single family homes are permitted within the multi -family zoning district, this
property could be redeveloped with a single-family home should the existing zoning
remain. The existing house is in extremely poor conditions and cann ot be used without
substantial rehabilitation. This structure should probably be removed or at minimum
classified as non-habitable and secured prior to sale.
In addition, the existing library building may not provide the 12.5 -foot setback required
by PD-3 for commercial development adjacent to a residential zone. Re-designation of
the existing multi-family parcel as Commercial Professional would result in site
compliance. As an alternative, the Council could recommend that a new overlay zone
be applied to the library parcel to allow for an adjustment to the setback requirements
which would provide for the option of maintaining the multi-family zoning designation on
the existing residential parcel.
ITEM NUMBER: C-3
DATE: 05/27/14
Alternately, Council could direct staff to re-designate the multi-family parcel as
Commercial Professional and merge it with the adjacent parcels to provide for additional
commercial development potential of the site and setback conformity with current PD-3
standards. It should be noted that because PD-3 standards require a 12.5’ setback to
residential uses, the potential development area of the site for new commercial uses will
be impacted.
Traffic Impacts & Environmental Review:
Due to the sites current development and use, the proposed amendments are n ot
expected to generate significantly higher vehicle trips on Morro Rd or Atascadero
Avenue. In addition, the PD-3 overlay district, which would be applied to the proposed
Commercial Professional parcel would limit access to Atascadero Avenue for any
commercial use, potentially reducing the vehicle trips on Atascadero avenue. A General
Plan Amendment for the subject properties will require additional traffic and circulation
analysis which would detail the specific impacts of the proposed application .
Staff Impact
This General Plan Amendment project would have an impact on Planning and Public
Works staff resources. The proposed amendments are minor in nature and will result in
mapping changes only. However, staff currently has a number of priority projects in
process and this may affect the timing for processing the requested amendment.
Staff anticipates that this application will take approximately 6-9 months before the
application is brought before City Council for consideration.
Fee Waiver Request
The County is requesting that fees associated with this application be waived. The total
application fees are $8,250 including mailing and label generation fees. The net
proceeds from the sale of the library will go toward the opening of the new library. Any
fees associated with the City process and/or sale of the property are deducted from the
total sale amount and will be used to reimburse the County.
Historically the City has paid full fees to the County including fees for City public
projects. Charging the County the full fee would be in keeping with our historical
practice. If the Council desires to help the County, staff recommends that a separate
item be brought before the Council requesting a general fund donation to the library.
ITEM NUMBER: C-3
DATE: 05/27/14
FISCAL IMPACT:
The proposed changes to the General Plan and Zoning designations of the site are not
expected to create any major fiscal impacts. Re-designation of the parcels will allow for
commercial redevelopment of the site.
ALTERNATIVES:
1. Council may direct staff not to process the proposed general plan amendment by
adopting Draft Resolution B.
2. Council may direct staff to further analyze the proposed project and report back
to the Council before processing.
ATTACHMENTS:
Attachment 1: Location Map, General Plan and Zoning
Attachment 2: Existing Project Site Aerial
Attachment 3: Fee Waiver Request Letter
Attachment 4: Draft Resolution A authorizing GPA processing for the project
Attachment 5: Draft Resolution B denying GPA Processing for the project
ITEM NUMBER: C-3
DATE: 05/27/14
ATTACHMENT: 1
ATTACHMENT 1: Location Map, General Plan & Zoning
2 parcels:
080-282-033 & 030-
282-032
Existing Designation:
Public (P)
1 parcel:
030-282-027
Existing Designation:
General Commercial -
Commercial Professional /
PD-3 (GC - CP/PD-3)
1 parcel:
030-282-018
Existing Designation: High
Density residential /
Residential Multi-Family
20du/ac (HDR/RMF-20)
ITEM NUMBER: C-3
DATE: 05/27/14
ATTACHMENT: 2
ATTACHMENT 2: Project Site Aerial
Existing Designations:
General Commercial
Commercial Retail
Proposed Designations:
General Commercial/High Density Residential
Commercial Retail/Residential Multi-family - 16
Existing Designation:
Public (P)
County proposal:
CP/PD-3
This parcel would be
merged with the
adjacent parcel as the
building crosses the
current property line
Existing Designation:
Residential Multi-Family
(RMF-20)
County proposal: RMF-
20
Existing
Designation:
Commercial
Professional
(CP/PD-3)
County proposal:
CP/PD-3
This parcel would
be merged with the
adjacent parcel as
the building crosses
the current property
line
Existing Designation:
Public (P)
County proposal: RMF-
20
ITEM NUMBER: C-3
DATE: 05/27/14
ATTACHMENT: 3
ATTACHMENT 3: Fee Waiver Request Letter
ITEM NUMBER: C-3
DATE: 05/27/14
ATTACHMENT: 4
ATTACHMENT 4: Draft Resolution A
Authorizing Staff to Process PLN 2014-1506 (County Library General Plan Amendment)
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF
ATASCADERO AUTHORIZING STAFF TO
PROCESS A GENERAL PLAN LAND USE DIAGRAM
AMENDMENT (PLN 2014-1506) FOR
THE EXISTING COUNTY LIBRARY PROPERTY
(6850 Morro Rd, 6907 & 6925 Atascadero Ave)
WHEREAS, an application has been received from the County of San Luis Obispo, 1087
Santa Rosa Rd, San Luis Obispo, CA 93408 (Applicant and Owner), to consider a project
consisting of a General Plan Land Use Diagram Amendment to convert 0.75 acres of Public
designated property at 6850 Morro Rd. and 6925 Atascadero Ave to a combination of General
commercial and High Density Residential uses, (APN 030-282-018, 027, 032, 033); and,
WHEREAS, the Atascadero City Council considered authorizing staff to process the
proposed application with neighborhood meeting and joint City Council/Planning Commission
study session during a regular meeting on May 27, 2014 consistent with the City’s General Plan
Amendment Policy; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
authorize staff to process PLN 2014-1506.
On motion by Council Member _________________________, and seconded by Council
Member ______________________, the foregoing resolution is hereby adopted in its entirety by
the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
ITEM NUMBER: C-3
DATE: 05/27/14
ATTACHMENT: 4
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Brian A. Pierik, City Attorney
ITEM NUMBER: C-3
DATE: 05/27/14
ATTACHMENT: 5
ATTACHMENT 5: Draft Resolution B
Denying Authorization for Staff to Process PLN 2014-1506 (County Library General Plan
Amendment)
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF
ATASCADERO DENYING AUTHORIZATION FOR STAFF TO
PROCESS A GENERAL PLAN LAND USE DIAGRAM
AMENDMENT (PLN 2014-1506) FOR
THE EXISTING COUNTY LIBRARY PROPERTY
(6850 Morro Rd, 6907 & 6925 Atascadero Ave)
WHEREAS, an application has been received from the County of San Luis Obispo, 1087
Santa Rosa Rd, San Luis Obispo, CA 93408 (Applicant and Owner), to consider a project
consisting of a General Plan Land Use Diagram Amendment to convert 0.75 acres of Public
designated property at 6850 Morro Rd. and 6925 Atascadero Ave to a combination of General
commercial and High Density Residential uses, (APN 030-282-018, 027, 032, 033); and,
WHEREAS, the Atascadero City Council considered authorizing staff to process the
proposed application during a regular meeting on May 27, 2014 consistent with the City’s
General Plan Amendment Policy; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
deny the authorization for staff to process any General Plan Land Use Diagram Amendment PLN
2014-1506.
ITEM NUMBER: C-3
DATE: 05/27/14
ATTACHMENT: 5
On motion by Council Member _________________________, and seconded by Council
Member ______________________, the foregoing resolution is hereby adopted in its entirety by
the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Brian A. Pierik, City Attorney
ITEM NUMBER: C-4
DATE: 05/27/14
Atascadero City Council
Staff Report - Community Development Department
Pending General Plan Amendment
Request for Authorization to Process
PLN 2009-1346 & PLN 2011-1413
Halcon Road /Viejo Camino
(ConsciousBuild Atascadero, LLC / Melhouse / Kirk Consulting)
&
Alondra / Santa Barbara Road
(Baron / McKinney / Riggs)
RECOMMENDATIONS:
1. Council direct the applicant to prepare a management and funding agreement,
signed by all property owners, that demonstrates the Project can address the
technical and environmental issues raised by the proposal; and
2. Council direct staff to return this item to Council for consideration once this
agreement is prepared.
REPORT IN BRIEF:
In October of 2011, the City Council voted to authorize two (2) General Plan
Amendments (GPA) near the intersection of Halcon Road and Viejo Camino. The
proposed amendments total approximately 50 acres in size with a potential to create 57
new residential home sites. City Staff worked with both applicants (Maury Froman /
Halcon Partners LLC and Baron Family) on submittal of applications and fees for the
authorized General Plan Amendments. Neither group submitted formal applications,
studies, or fees to begin the process for the General Plan Amendment.
Halcon Partners, LLC lost the properties through foreclosure. A new owner,
ConsciousBuild, has obtained the two Halcon Partners properties and wishes to move
ITEM NUMBER: C-4
DATE: 05/27/14
forward with a General Plan Amendment. The Baron Family has expressed interest in
participating in the process to amend the General Plan as well.
Staff Summary
The project area consists of 73± acres with nine property owners and a number of
complicated environmental and infrastructure issues. Staff thin ks the proposed project is
too ambitious for existing staff resources and the project applicants. In summary the
project is literally too big a bite to swallow.
Council options to approve or deny the General Plan Amendment request are contained
in the Alternatives section.
Project Summary
The proposed project consists of two general plan amendments requests, from
ConsciousBuild and the other from the Baron Family. The project area consist s of
approximately 73± acres and seeks to re-designate the area from Suburban Estate (2.5-
10ac min lot size) to Single-Family Residential-Y (1.0 acre min) and Single-Family
Residential-X (0.5 acre min). This would result in a total of 66 single-family residential
units plus potential 2nd units.
ITEM NUMBER: C-4
DATE: 05/27/14
Proposed general plan amendment area.
Council Authorization and Processing
Council policy requires City Council review and an authorization in order for staff to
process General Plan Amendment applications. The Council’s policy also requires all
amendments to be reviewed and processed in such a manner as to facilitate citizen
participation. The policy suggests the following process:
A. Neighborhood Meeting. The applicant is required to hold a neighborhood
meeting to present the request to citizens of the a rea neighborhoods and for the
citizens to identify, list, and discuss issues related to the amendment. The
applicant is responsible for organizing and conducting the meeting and
attempting to resolve as many issues as possible before submitting a formal
application to the City for review and processing.
B. Study Session. Staff presents the basic facts of the amendment application to a
joint City Council/Planning Commission study session, along with General Plan
and environmental analysis. Comments from the Planning Commission and the
ITEM NUMBER: C-4
DATE: 05/27/14
public are received by staff for further consideration. The applicant is responsible
for resolving of as many issues as possible before submitting a formal application
to the City.
General Plan Amendment #1 – ConsciousBuild (Halcon Road / Viejo Camino)
Situation and Facts:
1. Applicant / Representative: Kirk Consulting
8830 Moro Road, Atascadero, CA
ConsciousBuild
1239 Garden Street, San Luis Obispo, CA 93401
2. Property Owners: Represented by the applicant: Melhouse, Pore,
Ratzlaff, Rodda, Joy, Sarnecki, & Dagnall
3. Project Addresses: 11955 and 11975 Viejo Camino (APN 045-401-003, 004)
11675, 11745, 11855, 11845, 11885, and 11875 Halcon Rd.
(APN 045-401-017, 018, 010, 009, 014, 013)
4. General Plan Designation: SE – Suburban Estate (2.5 – 10 acres minimum)
5. Zoning District: RS (Residential Suburban)
6. Site Area: Approximately 38 acres
7. Existing Use: Single-family Homes on 6 Halcon lots,
Vacated mobile home park on 2 Viejo Camino lots
8. Environmental Status: Not determined – Application pending
Project Summary
ConsciousBuild is requesting City Council re-authorization of the General Plan
Amendment that was originally authorized in 2011. The applicant is requesting
conversion of the existing Residential Suburban (2.5 -10 acre) zoned lots to Residential
Single Family X (1/2 acre). If approved, the proposed General Plan Amendment would
increase the number of lots from two (2) large lot parcels, to potentially 20 single family
lots. The six neighboring lots on Halcon Road would like to be included in the general
plan amendment process and are interested in conversion of the existing Residential
Suburban (2.5 -10 acre) zoned lots to Residential Single Family Y (1.0 acre). The
amendment would allow 46 single-family residential units plus additional 2nd units.
ITEM NUMBER: C-4
DATE: 05/27/14
Development Issues
Development issues in this area will include tree removals, slopes, grading impacts,
circulation systems, archaeology, and Santa Barbara Road / US 101 interchange traffic
impacts. The project will likely consist of the following entitlements:
Authorization to proceed with a General Plan Amendment;
Zoning Map Amendment with a Planned Development (PD) overlay
Master Plan of Development (Conditional Use Permit)
Vesting Tentative Subdivision Map (VTTM)
Applicant’s Preliminary Concept Plan
ITEM NUMBER: C-4
DATE: 05/27/14
General Plan Amendment #2 – Baron Family (Alondra & Santa Barbara Road)
Situation and Facts:
1. Applicant / Representative: Kirk Consulting
8830 Moro Road, Atascadero, CA
2. Owners: Madonna & Robert Baron, 9555 Santa Barbara Rd.
Brian McKinney & Shannon Riggs, 12025 Alondra Rd.
3. Project Address: 9555 Santa Barbara Rd. (APN 045-411-002)
12025 Alondra Rd (APN 045-411-003)
9575 & 9595 Santa Barbara Rd.(APN 045-311-002,003)
4. General Plan Designation: SE – Suburban Estate (2.5 – 10 acres minimum)
5. Zoning District: RS (Residential Suburban)
6. Site Area: 35.5 acres total
7. Existing Uses: Single Family home – 9555 Santa Barbara / 12025
Alondra
Vacant – 9575 & 9595 Santa Barbara Rd
8. Environmental Status: Not determined – Application pending
Project Summary
The applicants (Barons) have submitted a letter of intent to request an increase in
density on the existing Residential Suburban parcels. A General Plan Amendment and
Zone Change are proposed to change the existing 30.8 acres of Residential Suburban
zoning to Residential Single-family-Y (one acre minimum lots sizes.). The neighboring
McKinney Family has also requested to be included but have not provided a preliminary
lot plan for their parcel. The amendment would allow 20 single-family residential units
plus additional 2nd units.
ITEM NUMBER: C-4
DATE: 05/27/14
2014 Proposed GPA / Subdivision Layout
The applicants are requesting a General Plan Amendment/Zone Change application to
change the existing General Plan/Zoning designation of the parcel from Suburban
Estate/Residential Suburban (SE/RS) (2.5-10 ac minimum lot size) to Single Family
Residential SFR- Y/RSF- Y (1 ac minimum lot size). In addition, the applicant will submit
a Master Plan of Development with a Planned Development Overlay District and a
Tentative Tract Map for the subject parcels.
This re-designation would further facilitate the applicant’s request to accommodate a
residential conventional subdivision project with a total of 16 lots, 15 lots at one acre
each and a 12.4 acre single family residence “remainder” lot. The parcels are proposed
at one acre each since they will be served by on -site septic systems. The amendment
would allow 20 single-family residential units plus additional 2nd units
Development Issues
Development issues in this area will include tree removals, railroad imp acts, railroad
crossing, flood plain, archaeology, County road impacts, Alondra Road improvements,
Santa Barbara Road flooding and alignment issues, and Santa Barbara Road / US 101
interchange traffic impacts. The project will likely consist of the following entitlements:
Authorization to proceed with a General Plan Amendment;
Zoning Map Amendment with a Planned Development (PD) overlay
Master Plan of Development (Conditional Use Permit)
Vesting Tentative Subdivision Map (VTTM)
Baron Parcels
McKinney Parcel
ITEM NUMBER: C-4
DATE: 05/27/14
DISCUSSION:
Analysis
Detailed Analysis: General Plan Amendment #1 – ConsciousBuild
(Halcon Road / Viejo Camino)
The City has received a General Plan Amendment (GPA) application from
ConsciousBuild Atascadero Development, LLC (applicant) and their representative, Kirk
Consulting. The applicant proposes to change the land use designation of two lots on
the southeast side of Atascadero from Suburban Estate (SE, 2.5-10 acre min) to Single-
family Residential (SFR-X, ½ acre min). The area that the proposed GPA is located
consists of almost all of the remaining large lot residential properties on this side of the
City. The applicant is only proposing a GPA for the southernmost two properties. Staff
recommends that if authorized to process, the General Plan Amendment, neighborhood
meetings, study sessions, and environmental review be processed with the additional
six (6) lots to the north to address cumulative impacts as well as consistency in design,
project requirements, and phasing of backbone infrastructure.
Surrounding properties to the south of the subject site are unincorporated County lots
ranging from ½ acre to 5 acres in size. The subject sites are also boarded by the
railroad tracts to the east, Paloma Park to the west, and the Woodridge (Las Lomas)
development to the north and between the two current applications. The Woodridge
Specific Plan Area contains a mixture of medium density residenti al uses ranging from
small lot single family clustered sites, to 1-acre minimum lot sizes with SFR-X and SFR-
Y zoning designations, plus an area of multifamily apartments and townhomes near
Paloma Park.
ITEM NUMBER: C-4
DATE: 05/27/14
General Plan Amendment #1 Site Vicinity Map, Land Use and Zoning
Unincorporated
RS
Woodridge
Specific Plan
(Las Lomas)
Unincorporated
RS
6 separate owners on Halcon Rd.
Currently Residential Suburban (RS)
Currently 6 lots, 29.1 acres total
Proposed GPA to change to SFR-Y (1 acre
density, clustered lots)
Potential for 29 lots
Each parcel to develop under separate map /
Master Plan of Development
Would be included under Planned
Development Overlay
Melhouse Property (Conscious
Build)
Currently Residential Suburban (RS)
Currently 2 lots, 9.8 acres total
Proposed GPA to change to SFR-X
(1/2 acre density, clustered lots)
20 lots proposed with Planned
Development Overlay
ITEM NUMBER: C-4
DATE: 05/27/14
Background:
In August of 2007 an application for the development of the 9.8 acre site at the corner of
Viejo Camino and Santa Barbara Road. The 2007 application proposed a 62 lot multi-
family residential subdivision with a density of 6.2 units per acre. The City Council
voted 3-2 to not authorize staff to work on the project. Discussion included comments
Existing Lot Layout; Halcon & Viejo Camino
ITEM NUMBER: C-4
DATE: 05/27/14
on neighborhood compatibility, the zero lot line parcels with as factory-built duplexes,
and neighbors’ concerns for the higher density and multi-family zoning. The 2007
project only included the 2 properties owned by Halcon Properties, LLC, and did not
include the adjacent six properties along Halcon Road. The Council encouraged the
applicant to work with the neighbors and consider options that would create
neighborhood compatibly with the surrounding rural character.
In October 2011, another development proposal was presented to the City Council to
authorize a General Plan Amendment. This proposal included a scaled back project to
propose a Residential Single-family zoning, with clustered lots based on a combination
of 1 and ½ acre density. Based on the slope of the lots, the applicant proposed
clustered lots with a one (1) acre minimum base density however, lot sizes could be as
small as 5,000 square feet (sf), with large areas of designated open space between the
lot clusters. Lots would be clustered in flatter areas around a shared road system, and
open space easements would be placed over areas of steeper
slopes and dense native trees. The City Council expressed some concern over the
smaller lots.
2007 application
for 62 multifamily lots
2011 application
for 49 Single Family Cluster Lots
ITEM NUMBER: C-4
DATE: 05/27/14
Although the Council authorized the General Plan Amendment, the Council directed the
applicant at the time to work with Staff on lot sizes and layouts. The application was
never formally submitted and the applicant lost the property through foreclosure.
Atascadero Grove Concept / Halcon Road GPA
Presently ConsciousBuild are proposing a similar General Plan Amendment, however
have revised the previous 2011 concept consistent with the City Council’s direction. The
applicant is proposing a land use designation change from Residential Estate (2.5 acres
min. lot size) to a Single Family Residential (1/2 acre minimum lot size). The proposed
amendment would facilitate the development of a clustered residential subdivision with
a total of 20 custom home lot sites that range in size from a little less than ¼ acre in size
to ¾ of an acre in size. A Planned Development (PD) Overlay would allow this range as
long as the base density of ½ acre is maintained. Similar to the 2011 proposal, the
applicant’s design concept would cluster lots to preserve some of the existing oak trees,
and avoid some of the hillside grading. The current proposal would still result in
significant tree removals and hillside grading impacts.
The applicant and property owner are requesting that the Council authorize the General
Plan Amendment, which would include the neighboring six (6) parcels to the north
between the Atascadero Grove and the Woodridge / Las Lomas Specific Plan Area. The
applicant has met with the other property owners. At this time, no property owners have
objected to be included as a part of a neighborhood general plan amendment approach.
If the Council Authorize a General Plan Amendment (Resolution A) to move forward that
the applicant and Staff propose the following:
A General Plan Amendment to re-designate properties from Residential Estate
(RE) to Single Family Residential (SFR) ranging from ½ to 1 acre minimum base
density sizes;
Environmental review for the entire neighborhood that would analyze traffic
impacts, biological impacts, tree removals, archeological impacts, aesthetics /
hillside grading, etc.
A Planned Development (PD) overlay that would identify backbone infrastructure
including roadways, drainage, etc required to service all future subdivisions, set
minimum densities and lot sizes and development standards for the
neighborhood, and provide mechanisms for environmental compliance;
Master Plan of Development for the Atascadero Grove Project;
Concurrent Vesting Tentative Tract Map processing for the Atascad ero Grove
Project.
This concept for the entire project area (all 37.7 acres) would allow property owners to
move forward individually or in conjunction with an adjacent property owner. Easements
and reimbursements agreements may be established so that each parcel subdivision
can utilize a backbone infrastructure such as roadways, sewer, and storm drainage.
ITEM NUMBER: C-4
DATE: 05/27/14
The residential cluster concept may be carried through to establish areas that are
suitable for development. The PD overlay may establish ar eas that are environmentally
sensitive and may prove challenging to develop due to topographical issues that may be
set aside for common open space areas for the entire development. Staff would work
with the applicant / representatives and owners to craft how development would
proceed.
Proposed Conceptual Plan Layout
ITEM NUMBER: C-4
DATE: 05/27/14
Proposed Atascadero Grove Concept
Project Summary:
Proposed Atascadero Groves / Halcon Road General Plan Amendment Summary
Lot # Owner Acreage Units
existing
RS Unit
Potential
(includes
2nd units)
Zoning
proposed
# Lots
Proposed
w/ GPA
RSF Unit
potential
(includes
2nd units)*
Potential
Increase
in Units
1 Pore 5.0 1 2 RSF-Y 5 10 8
2 Ratzlaff 5.1 1 2 RSF-Y 5 10 8
3 Rodda 4.6 1 2 RSF-Y 4 8 6
4 Sarnecki 4.6 1 2 RSF-Y 4 8 6
5 Dagnall 3.4 1 2 RSF-Y 3 6 4
6 Joy 5.0 1 2 RSF-Y 5 10 8
7&8 Conscious
Build
10.0 0 4 RSF-X
20 20 16
37.7 6 16 46 72 56
*2nd Units calculated based on one (1) acre minimum lots
Open Space Parcel
ITEM NUMBER: C-4
DATE: 05/27/14
37.7± acres
8 existing parcels
7 separate owners
Currently zoned RS for up to 8 primary residences and 8 secondary units
Proposed RSF-Y & RSF-X zoning would allow up to 46 lots (increase of 38 lots)
Proposed zoning would allow up to 46 primary units, and 26 secondary units
This is a potential increase of 40 additional primary units, and 26 secondary units
in the project area at build out
Lots less than one (1) acre in size would be required to connect to sewer
Council may provide direction on 2nd units
There are 56 native trees located in the area of development that is proposed by
ConsciousBuild. This constitutes approximately 17% of the sites trees that may be
impacted or removed with construction of the proposed Atascadero Grove project. The
more heavily forested areas at the back of the lot would be preserved in an open space
easement. It is unknown how many native tree impacts there would be with the
development of the six lots on Halcon road. Impacts may be minimized by clustered lot
and open space design, as compared to a standard development of one acre RSF-Y
residential subdivision. Tree Removal Permits would be required prior to development
of all sites.
ITEM NUMBER: C-4
DATE: 05/27/14
Detailed Analysis: General Plan Amendment #2 – Baron Family
(Alondra & Santa Barbara Road)
In 2011 the Baron Family proposed a General Plan Amendment for two parcels totaling
approximately five (5) acres in size. The property owners requested a General Plan
Amendment of an area currently designated Residential Suburban zoning, which calls
for a minimum of 2 ½ to 10-acre lots based on performance standards. The Council
authorized the General Plan Amend ment, however the property owners never formally
submitted a General Plan Amendment application and fees. Since that time, a new
property owner, McKinney, has obtained one of the parcels.
The Baron Family has expressed interest in moving forward and request that additional
vacant land be included as a part of the currently proposed General Plan Amendment.
Site Vicinity Map, Land Use and Zoning
Unincorporated
RS
Woodridge
Specific Plan
(Las Lomas)
Unincorporated
RS
Baron/McKinney Property
Currently Residential Suburban (RS)
Currently 3 lots, 35.5 acres total
Proposed GPA to change to SFR-Y (1 acre
minimum lots)
ITEM NUMBER: C-4
DATE: 05/27/14
The project area is accessed from Santa Barbara Road, through unincorporated County
roads, and Alondra Road. A second emergency access point is located off Alondra
Road through the back of the Las Lomas / Woodridge project to the north of the project
site. This connection is currently designated as an emergency access only road to
minimize the Las Lomas development traffic on Alondra Road. As development has
increased in the Las Lomas / Woodridge neighborhood, residents have expressed a
desire to have a 2nd access out of the neighborhood. Adjacent to these two parcels is an
additional parcel that has access from Santa Barbara Road. This parcel is bisected by
the Union Pacific Railroad and is directly adjacent to the Salinas River. Similar to the
Halcon / Viejo Camino Road make up some of the last remaining Residential Suburban
2011 Submitted GPA / Subdivision Layout
ITEM NUMBER: C-4
DATE: 05/27/14
zoned lots within this area of City limits. Adjacent parcels to the south are
unincorporated County lots ranging for ½ acre to five acres in size.
Project Proposal (Alondra & Santa Barbara Road)
The applicants (Barons) have submitted a letter of intent to request an increase in
density on the existing RS parcels. A General Plan Amendment and Zone Change are
proposed to change the existing 30.8 acres of Residential Suburban zoning to
Residential Single-family-Y (one acre minimum lots sizes.). The McKinneys have not
submitted any request nor provided a preliminary lot plan for their parcel. Staff
recommends that if the Council authorizes a General Plan Amendment to move forward
that it include the McKinney property and the Baron property.
2014 Proposed GPA / Subdivision Layout
The applicants are requesting a General Plan Amendment/Zone Change application to
change the existing General Plan/Zoning designation of the parcel from Suburban
Estate/Residential Suburban (SE/RS) (2.5-10 ac minimum lot size) to Single Family
Residential SFR- Y/RSF- Y (1.0 ac minimum lot size). In addition, the applicant will
submit a Master Plan of Development with a Planned Development Overlay District and
a Tentative Tract Map for the subject parcels (Baron property only).
This re-designation would further facilitate the applicant’s request to accommodate a
residential conventional subdivision project with a total of 16 lots, 15 lots at one acre
ITEM NUMBER: C-4
DATE: 05/27/14
each and 12.4 acres with a single family residence. The parcels are proposed at one
acre each since they will be served by on-site septic systems.
If the Council authorizes the General Plan Amendment processing, specific site and
road improvements included with the subdivision would be further analyzed by staf f and
the Planning Commission. Similar to the 2011 proposal, there are a variety of road and
circulation issues. In addition, with the proposed additional parcel adjacent to the
Salinas River, additional biological, flooding, and archaeological concerns would need
to be resolved. The following is a list of some of the issues with proposed GPA:
Need to involve the McKinney / Riggs property
Need to address easements or shared access between the lots and proposed
development;
Right-of-way dedications and maintenance;
Road width and surfacing requirements;
Existing road connection to the Las Lomas Development to the north on Alondra
Road (currently a gated fire access road);
The emergency access gate has been an on -going issue that needs to be
resolved to allow safe, mutual access through Alondra Road;
Improvements and surfacing of Alondra Road both within Cit y and the County
(currently a dirt road);
Portion of the proposed GPA is within the 100 year flood zone for the Salinas
River, including a substantial portion of the propose 12 acre single family
residence;
Safety and noise issues associated with an active Union Pacific Railway;
Proposed at-grade railroad crossing to serve the lot on 12.4 acres may be
problematic;
Topography issues;
Communication with the County regarding improvements to Alondra Road and
any upgrades required to Santa Barbara Road to the south, including intersection
upgrades that are within San Luis Obispo County, and not controlled and
maintained by the City.
Santa Barbara Road / US 101 interchange impacts
Proposed Santa Barbara Road / Alondra Road General Plan Amendment Summary
Lot # Owner Acreage Units
existing
RS Unit
Potential
(includes
2nd units)
Zoning
proposed
# Lots
Proposed
w/ GPA
RSF Unit
potential
(includes
2nd units)*
Potential
Increase
in Units
1 Baron 4.9 1 2 RSF-Y 4 8 6
2 McKinney 4.7 1 2 RSF-Y 4 8 6
3 Baron 25.9 0 2 RSF-Y 12 24 22
35.5 2 6 20 32 34
*Assumes development on portion of site that is west of the UPRR only
ITEM NUMBER: C-4
DATE: 05/27/14
Overall Impacts of Both General Plan Amendments
The following are issues related to the processing both the proposed General Plan
Amendments. These include traffic related impacts, environmental review, and impacts
to staff time.
Traffic Impacts & Environmental Review
Increasing the density of any of the SE (Suburban Estate) properties will result in
additional vehicle trips on adjacent streets as well as the nearby U.S. Highway 101 /
Santa Barbara Road interchange. Although traffic impacts have not been analyzed,
significant traffic issues associated with the Las Lomas, Dove Creek and San Diego
Way residential projects exist in the nearby vicinity. In addition, the EIR for the Eagle
Ranch Specific Plan development is underway, with a Draft EIR expected to be
released sometime this year. Coordination of the traffic assumptions contained in the
Draft EIR will be required to consider additional potential impacts and necessary
improvements to the Santa Barbara Road interchange . A General Plan Amendment for
the subject properties will require detailed traffic and circulation analysis to determine
area roadway, bicycle, and pedestrian circulation improvements, as well potential
capacity and fair share mitigation for the U.S. 101 / Santa Barbara interchange
improvements.
As currently proposed, rezones and General Plan Amendments would allow for an
additional 66 residential units, plus 2nd units. Based on an assumed 10 trips per day,
these units would create an additional 660+ vehicle trips within this area of the City
which would need to be addressed with the traffic and circulation analysis.
Staffing Impact
This General Plan Amendments would have a significant impact on Planning and
Public Works staff resources and may affect other current projects and priorities.
The following entitlement projects are being processed by Planning Department staff:
Del Rio Road Commercial Area Specific Plan (Walmart) pending outcome of
litigation;
Del Rio Road / US 101 interchange improvements / PSR
General Plan Amendment / Environmental Impact Report for the Eagle Ranch
Specific Plan;
2014-2019 Housing Element Update;
Dormant Permit Program Projects that are seeking design changes and
beginning the review process include the Townhouses at Las Lomas /
Woodridge, Oakridge Estates (3F Meadows), Principal Mixed-Use, and
Atascadero Triangle,
Dormant Permit Program Projects under construction include Oakhaven Village,
Las Lomas, and West Front Village;
18-Unit Planned Development – California Villas (Avenida Maria)
4-Unit Planned Development – El Camino Real
Downtown Development Partnership
Economic Development projects
ITEM NUMBER: C-4
DATE: 05/27/14
These projects are in addition to the significant increase in routine daily maps, use
permits, building plan check, front counter support and phone calls that have placed a
demand on staff’s time.
Public Works also has limited ability to work on this project. This project will have a
number of significant road, drainage, sewer and maintenance issues that will require
significant staff time to resolve. Public Works has extremely limited ability to
accommodate this work without affecting the Del Rio Road Specific Plan Del Rio Road
Interchange improvement project, Eagle Ranch Specific Plan, 3F Meadows off -sites in
addition to numerous other development and capital projects that are currently on-
going.
If Council authorizes processing of the project, the Council will need to clearly identify
the priority level of the project and set a realistic timeframe for processing the project.
Otherwise, the applicants will likely have an unrealistic expectation fo r how quickly the
project will be processed.
FISCAL IMPACT:
According to the findings from the Taussig Study, revenue from new residential
development including property tax revenues, vehicle licensing fees, sales taxes, and
other revenues are insufficient to cover the maintenance and emergency service costs
of new development. Based on the revenue projections from the Taussig Study, t he
City has developed standard Conditions of Approval for new residential planned
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.
If the project is approved for processing, it should be required to be fiscally neutral so
the added residential units fund their own on -site improvements and maintenance, as
well as their fair share of off -site improvements and impacts to City emergency services.
ALTERNATIVES:
1. Authorize staff to process the proposed General Plan Amendment application,
with neighborhood meeting and study session, by adopting Draft Resolution A;
or,
2. Direct staff to not process either project by adopting Draft Resolution B .
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENTS:
Attachment 1: Location Map, General Plan and Zoning
Attachment 2: Existing Project Site Aerial
Attachment 3: Halcon & Viejo Camino Request (PLN 2009-1346)
Applicant’s Letter of Intent (ConsciousBuild)
Exiting Lot Layout
Conceptual Site Plan – ConsciousBuild
Conceptual Site Plan – Proposed GPA
Attachment 4: Alondra & Santa Barbara Road Request (PLN 2011 -1413)
Applicant’s Letter of Intent (Baron / McKinney)
Attachment 5: Draft Resolution A Authorizing GPA Processing for Both Projects
Attachment 6: Draft Resolution B Denying GPA Processing for Both Projects
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 1
ATTACHMENT 1: Location Map, General Plan & Zoning
City Boundary
Areas of proposed conversion from
Residential Suburban to
Residential Single-family X & Y
(1/2 and 1 acre minimum lots sizes)
Unincorporated
Unincorporated
SE SE Woodridge Specific Plan
REC
OS
P
P
HDR
P
SE
SE
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 2
ATTACHMENT 2: Project Site Aerial
Unincorporated
Areas of proposed conversion from
Residential Suburban to
Residential Single-family X & Y
(1/2 and 1 acre minimum lots sizes)
Woodridge
Specific
Plan Paloma
Park
Unincorporated
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 3
ATTACHMENT 3: Letter of Intent, Halcon & Viejo Camino Site, PLN 2009-1346
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 3
ATTACHMENT 3: Letter of Intent, Halcon & Viejo Camino Site, PLN 2009-1346
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 3
ATTACHMENT 3: Letter of Intent, Halcon & Viejo Camino Site, PLN 2009-1346
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 3
ATTACHMENT 3: Letter of Intent, Halcon & Viejo Camino Site, PLN 2009-1346
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 3
ATTACHMENT 3: Existing lot layout, Halcon & Viejo Camino Site, PLN 2009-1346
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 3
ATTACHMENT 3: Proposed Site Plan – ConsciousBuild, Halcon & Viejo Camino Site, PLN 2009-1346
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 3
ATTACHMENT 3: Proposed Site Plan – Entire GPA, Halcon & Viejo Camino Site, PLN 2009-1346
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 4
ATTACHMENT 4: Letter of Intent, Alondra & Santa Barbara GPA (PLN 2011-1413)
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 4
ATTACHMENT 4: Proposed Site Plan, Alondra & Santa Barbara GPA (PLN 2011-1413)
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 5
ATTACHMENT 5: Draft Resolution A
Authorizing Staff to Process Both General Plan Amendments
DRAFT RESOLUTION A
A RESOLUTION OF THE CITY COUNCIL OF ATASCADERO
AUTHORIZING STAFF TO PROCESS
TWO GENERAL PLAN LAND USE DIAGRAM AMENDMENTS
TO CONVERT 73.2 ACRES OF (SE) SUBURBAN ESTATE TO SFR-X AND
SFR-Y (SINGLE-FAMILY RESIDENTIAL) WITH NEIGHBORHOOD
MEETING AND STUDY SESSION
FOR 11 PROPERTIES LOCATED ON
VIEJO CAMINO, HALCON, ALONDRA, AND SANTA BARBARA RD.
WHEREAS, a proposal has been received from ConsciousBuild, 1239 Garden Street,
San Luis Obispo, CA 93401 (Applicant), Kirk Consulting, 8830 Morro Road, Atascadero, CA
93422 (representative) and Adam Melhouse, 6940 Avila Valley Dr, San Luis Obispo, CA 93405
(property owner), and representing property owners Poore, Ratzlaff, Rodda, Joy, Sarnecki,
Dagnall, to consider a project consisting of a General Plan Land Use Diagram Amendment for a
to convert 27.7 acres of Suburban Estate at 11675, 11745, 11855, 11845, 11885, and 11875
Halcon Rd. and 10.0 acres at 11955 and 11975 Viejo Camino, (APN 045-401-003, 004, 017,
018, 010, 009, 014, 013); and,
WHEREAS, a proposal has been received from Kirk Consulting, 8830 Morro Road,
Atascadero, CA 93422 (representative), and Madonna & Robert Baron, 9555 Santa Barbara Rd.
Atascadero, CA 93422 (Owner / Applicant) and representing property owner McKinney / Riggs,
to consider a project consisting of a General Plan Land Use Diagram Amendment for a to
convert 35.5 acres of Suburban Estate at 12025 Alondra Rd, 9555 Santa Barbara Rd, and 9575
Santa Barbara Rd (APN 045-411-002, 003 and APN 045-311,002,003); and,
WHEREAS, the Atascadero City Council considered authorizing staff to process the
proposed application with neighborhood meeting and joint City Council/Planning Commission
study session during a regular meeting on May 27, 2014 consistent with the City’s General Plan
Amend Policy; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
authorize staff to process two (2) separate General Plan Land Use Diagram Amendment
applications at 11955 and 11975 Viejo Camino, 11675, 11745, 11855, 11845, 11885, and 11875
Halcon Road, 12025 Alondra Road, and 9555 and 9575 Santa Barbara Road, with the
understanding of staff and the applicant that the projects will be based on council direction and
will be processed subsequent to higher priority projects that are deemed of high importance by
the City Council, consistent with Exhibit A.
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 5
On motion by Council Member _________________________, and seconded by Council
Member ______________________, the foregoing resolution is hereby adopted in its entirety by
the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Brian A. Pierik, City Attorney
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 5
Exhibit A: General Plan Amendment boundary map
City Boundary
General plan amendment areas
Unincorporated
Unincorporated
SE SE Woodridge Specific Plan
REC
OS
P
P
HDR
P
SE
SE
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 6
ATTACHMENT 6: Draft Resolution B
Denying Authorization for General Plan Amendments
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF ATASCADERO
DENYING STAFF AUTHORIZATION TO PROCESS
TWO GENERAL PLAN LAND USE DIAGRAM AMENDMENTS
CONSISTING OF 73.2± ACRES LOCATED ON
VIEJO CAMINO, HALCON, ALONDRA, AND SANTA BARBARA RD.
WHEREAS, a proposal has been received from ConsciousBuild, 1239 Garden Street,
San Luis Obispo, CA 93401 (Applicant), Kirk Consulting, 8830 Morro Road, Atascadero, CA
93422 (representative) and Adam Melhouse, 6940 Avila Valley Dr, San Luis Obispo, CA 93405
(property owner), and representing property owners Poore, Ratzlaff, Rodda, Joy, Sarnecki,
Dagnall, to consider a project consisting of a General Plan Land Use Diagram Amendment for a
to convert 27.7 acres of Suburban Estate at 11675, 11745, 11855, 11845, 11885, and 11875
Halcon Rd. and 10.0 acres at 11955 and 11975 Viejo Camino, (APN 045-401-003, 004, 017,
018, 010, 009, 014, 013); and,
WHEREAS, a proposal has been received from Kirk Consulting, 8830 Morro Road, Atascadero,
CA 93422 (representative), and Madonna & Robert Baron, 9555 Santa Barbara Rd. Atascadero,
CA 93422 (Owner / Applicant) and representing property owner McKinney / Riggs, to consider
a project consisting of a General Plan Land Use Diagram Amendment for a to convert 35.5 acres
of Suburban Estate at 12025 Alondra Rd, 9555 Santa Barbara Rd, and 9575 Santa Barbara Rd
(APN 045-411-002, 003 and APN 045-311,002,003); and
WHEREAS, the Atascadero City Council considered authorizing staff to process the
proposed application during a regular meeting on May 27, 2014 consistent with the City’s
General Plan Amend Policy; and,
NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to
deny the authorization for staff to process any General Plan Land Use Diagram Amendment at
11955 and 11975 Viejo Camino, 11675, 11745, 11855, 11845, 11885, and 11875 Halcon Road,
12025 Alondra Road, or 9555 and 9575 Santa Barbara Road.
ITEM NUMBER: C-4
DATE: 05/27/14
ATTACHMENT: 6
On motion by Council Member _________________________, and seconded by Council
Member ______________________, the foregoing resolution is hereby adopted in its entirety by
the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
______________________________
Tom O’Malley, Mayor
ATTEST:
_______________________________________
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
_______________________________________
Brian A. Pierik, City Attorney