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HomeMy WebLinkAboutAgenda Packet 06/08/2004 • � IIA ■ ■ r. Mrs, 19 CITY OF ATA SCA DERO CITY COUNCIL AGENDA TUESDAY, JUNE 89 2004 7:00 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT - CLOSED SESSION 2. Call to Order a. Conference with negotiator over real property Expansion of Paloma Park Lease. (Gov't Code 54956.8) Negotiator: City Manager, Wade McKinney Property: 11665 Viejo Camino, Atascadero, CA. Negotiations will include price and/or terms of payment. b. Conference with labor negotiator (Govt. Code Sec. 54957.6) Agency Negotiator: City Manager Employee Organizations: Department Heads, Mid- Management/Professional, Confidential, Atascadero Firefighters, Service Employees Intl. Union Local 620, and Atascadero Police Assoc. 3. Adjourn 4. CLOSED SESSION REPORT REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member O'Malley ROLL CALL: Mayor Luna Mayor Pro Tem Scalise Council Member Clay Council Member O'Malley Council Member Pacas INTRODUCTIONS: COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Recognition of Al DeRose for his years of service and contribution to the Atascadero School District. 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.) s • A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. City Council Special Closed Meeting Minutes— May 4, 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the meeting of May 4, 2004. (City Clerk) 2. City Council Special Closed Meeting Minutes — Mav 11, 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the meeting of May 11, 2004. (City Clerk) 3. City Council Meeting Minutes — May 20, 2004 ■ City Clerk recommendation: Council approve the City Council minutes of the meeting of May 20, 2004. (City Clerk) 4. April Treasurer's Report • ■ Fiscal impact: None. ■ Recommendation: Council approve the City Treasurer's report for April 2004. (City Treasurer) 5. General Municipal Election —November 2, 2004 ■ Fiscal impact: The General Municipal Election is estimated to cost approximately $19,000.00. ■ Recommendation: Council: 1. Adopt draft Resolution A, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 2, 2004; and, 2. Adopt draft Resolution B, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 2, 2004. (City Clerk) • 6. Hazard Mitigation Plan Consultant Contract Authorization ■ Fiscal impact: Authorization of the contract will result in the • expenditure of $64,911. Seventy-Five percent ($48,683.25 of these funds are expected to be reimbursed to the City by the Office of Emergency Services Hazard Mitigation Grant and twenty-five percent ($16,227.75) will be absorbed by the city. ■ Recommendation: Council: 1. Authorize the City Manager to execute a contract with URS, Inc. for contract services to prepare a Hazard Mitigation Plan per FEMA standards for the City of Atascadero upon notification of approval of a Hazard Mitigation Grant from the State of California Office of Emergency Services; and, 3. Authorize the City Manager to expend approximately $25,000 for the purpose of matching grant funding to prepare a Local Hazard Mitigation Plan. (Community Development) 7. Delegation of Authority to Make Disability Determinations for PERS ■ Fiscal impact: None. ■ Recommendation: Council adopt draft Resolution authorizing and approving delegation of authority for disability determinations. (Administrative Services) B. PUBLIC HEARINGS: r 1. Appeal 2004-0003 - Appeal of the Planning Commission's Approval of Conditional Use Permit 2003-0106/EOC Overnight Shelter ■ Fiscal impact: The project has been conditioned to minimize the potential financial impact the project would have on the City. If significant increases in calls for emergency services were to occur, this would result in a negative fiscal impact to the City. The conditions of approval require EOC to minimize calls for services with client screening, staff training and support agreements with County agencies. • Recommendations: Council adopt draft Resolution A thereby denying the appeal and uphold the Planning Commission's decision to approve Conditional Use Permit 2003-0106 establishing a 32-bed overnight shelter in the Residential Suburban Zoning District subject to findings and conditions. (Community Development) C. MANAGEMENT REPORTS: • 1. Downtown Parking and Business Improvement Area (FY 2004- 2005) Confirmation of Annual Assessment ■ Fiscal impact: Downtown Parking and Business Improvement District revenue of approximately $10,500 for fiscal year 2004- 2005. ■ Recommendations: Council adopt the draft Resolution confirming annual assessment for Downtown Parking & Business Improvement Area (Fiscal Year 2004-2005). (City Manager) 2. Regional State Highway Account Funds and Downtown Pedestrian Bridge Contract Change Orders ■ Fiscal impact: Approval of the Contract Change Orders for Psomas and Morro Group, Inc. would result in the expenditure of $59,947.00 in Regional State Highway Account (RSHA) funds. ■ Recommendations: Council: 1) Authorize staff to request SLOCOG re-appropriate Regional State Highway Account Account (RSHA) Funds previously authorized for the Curbaril Pedestrian Bridge Project in an amount not to exceed $60,000.00 to the Downtown • Pedestrian Bridge Project. 2) Authorize the Director of Administrative Services to transfer Regional State Highway Account (RSHA) Funds previously authorized for the Curbaril Pedestrian Bridge Project in an amount not to exceed $60,000.00 and to transfer Circulation Impact Fees funds previously authorized for the Lewis Avenue Bridge to the Downtown Pedestrian Bridge Project. 3) Authorize the City Manager to approve Psomas Professional Engineering Services Contract Change Order No. 1 in the amount of $49,475.00 and Morro Group Inc. Environmental Services Change Order No. 1 in the amount of $10,472.00. 4) Authorize the City Manager to approve any additional change orders up to 20% of the amended contract price. (Public Works) • D. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Luna 1. Finance Committee 2. Integrated Waste Management Authority (IWMA) 3. County Mayor's Round Table Mayor Pro Tem Scalise 1. Atascadero State Hospital Advisory Board (appointed by Governor) 2. Local Agency Formation Commission (LAFCO) (City Selection Committee appointment) 3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority (SLORTA) Council Member Clay 1. Water Committees Council Member O'Malley 1. Finance Committee 2. City/ Schools Committee 3. Air Pollution Control District (APCD) 4. League of California Cities - Grassroots Network 5. Economic Vitality Corporation, Board of Directors (EVC) Council Member Pacas 1. City/ Schools Committee 2. Atascadero Youth Task Force E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager . F. ADJOURNMENT: Please note:Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Janine Judy, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the June 8, 2004 Regular Session of the Atascadero City Council was posted on June 1, 2004 at the Atascadero City Hall Annex, 6905 EI Camino Real, Suite 6, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 1 st day of June 2004 at Atascadero, California. qo(fi- ,Q�� — lyine Judy, Dep y ity Cler of Atascader • • 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 7:00 p.m., at th� Atascadero Pavilion on the Lake, 9315 Pismo St.,Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall Annex business hours at the Central Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against orcomment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address (not required) • Make your statement All comments should be made to the Mayor and Council • No person shall be permitted to make slanderous, profane or negative personal remarks concerning any othe• individual, absent or present All comments limited to 5 minutes (unless changed,by the Council) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Access to hook up,your laptop to the City's projector will be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA • All business matters to appear on the Agenda must be in the Office of the City Manager 14 days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. • .. o Atascadero Commendation to Al DeRose WHEREAS, Al has served the students and faculty of Atascadero High School for 36 years as an agricultural teacher and FFA advisor;and, WHEREAS, he was awarded as Professional of the Year by the Chamber of Commerce in 1989 and served two terms on the Board of Directors, and, WHEREAS, he,was the 1992 California Agriculture Teacher of the Year as well as the Atascadero Unified School District's Teacher of the Year for both 1992 and 2004 and, WHEREAS, he has been awarded a 1979 Chapter Honorary Degree, 1987 Honorary American Degree and 2004 Honorary :Sate Degree, all from the FFA which has earned him the highest honor the state of California can grant;and, WHEREAS, Al has lead Atascadero student FFA teams to 17 State Championships, seven National Championships and four Wor.'ld Championships abroad in 'Europe. Under his leadership there has never been a team;placed below 5th in 36 , ears. WHEREAS, he is the 2004 Star Regional,FFA Advisor of California's south coast, and 2004 Star State Advisor;and; WHEREAS, Al .has become 'a year-round mentor, advisor and educator for hundred] of Atascadero students;and, WHEREAS, Atascadero High School will.miss his leadership, vision and commitment to the students and their welfare;and, Now, Therefore, I, George Luna, Alayor of Atascadero, do resolve that Al DeRose be commended for his outstanding professional accomplishments and dedication to Atascadero. We wish him much happiness and success in retirement, his future.endeavors and with his family. WITNESS THE OFFICIAL SEAL OF THE CITY OF T CADERO Dr. George Luna,Mayor City of Atascadero June 8, 2004 1 ITEM NUMBER: A-1 DATE: 06/08/04 SPECIAL CLOSED MEETING ATASCADERO CITY COUNCIL Tuesday, May 4, 2004 5:15 P.M. DRAFT MINUTES Q OGFD SFCclnni Mayor Luna called the meeting to order at 5:15 p.m. Council Member O'Malley announced that he was stepping down due to an interest in real property that is too close. COUNCIL CLOSED SESSION: 1. PUBLIC COMMENT CLOSED SESSION - None 2• Oall'to Order a. Conference with legal counsel - Existing litigation (Govt. Code Sec. 54956.9 (a)) Crep kqmdP Asset Intea v. cily of Ata ad ro 3. . Adjourn Mayor Luna adjourned the meeting at 7:00 p.m. 4. CLOSED SESSION REPORT The City Attorney announced that there was no reportable action taken. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk 2 ITEM NUMBER: A-2 DATE: 06/08/04 1918 10-711 CAID� CITY OFATASCADERO CITY COUNCIL DRAFT MINUTES TUESDAY, MAY 11, 2004 7:00 P.M. CLOSED SESSION: Executive Director Wade McKinney requested that the Litigation for Creekside Parcel Associates v City of Atascadero be added to the Closed Session Agenda. He explained that the item arose after the preparation of the agenda and needs to be acted on by tomorrow, May 1.2,2004. MOTION: By Mayor Luna and seconded by Council Member O'Malley to put on the Closed Session 'Agenda the Creekside Parcel Associates v the City of Atascadero. Motion passed 5.0 by a roll-cal!vote. 1. PUBLIC COMMENT -CLOSED SESSION - None 2. Call to Order a. Conference with labor negotiator(Govt. Code Sec. 54957.6) Agency Negotiator: City Manager Employee Organizations: Department Heads, Mid-Management/ Professional, Confidential, Atascadero Firefighters, Service Employees Intl. Union Local 620, and Atascadero Police Assoc. b. Personnel Issue: Police Chief (Govt. Code Sec. 54957.6) C. Creekside Parcel Associates v the City of Atascadero (Govt.Code Sec. 54956.9 (a)) CC Draft Minutes 05/11/04 Page 1 of 18 3 ITEM NUMBER: -A-2 DATE: 06/08/04 3. Adjourn 4. CLOSED SESSION REPORT City Attorney Roy Hanley announced no reportable action was taken on any of the three Closed Session items. REGULAR SESSION: 7:00 P.M. Mayor Luna called the meeting to order at 7:35 p.m. and Mayor Pro Tem Scalise led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna Absent: None Others Present: City, Clerk Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace Public Works Director Steve Kahn, Police Lt. John Couch, Fire Chief Kurt Stone, Deputy Community Development Director Steve McHarris, Redevelopment Specialist Marty Tracey, Deputy Public Works Director Geoff English, Associate Planner Kelly Gleason, Public Works Technician Valerie Humphrey and City Attorney Roy Hanley. COMMUNITY FORUM: Steve Martin, Executive Director Atascadero Main Street, spoke about the Atascadero Main Street Market to be held from 6:00 p.m. to 9:00 p.m. on Wednesday evenings. The grand opening will be on May 26 . Mr. Martin commended City staff for their assistance on this project. Michael Kovacs referred to an article he read in the Tribune about the Police Chief, and stated his concerns with the Chief returning to duty. Joanne Main spoke about the new Atascadero Main Street Market, and stated the Chamber has acted ,to encourage businesses to stay open until 8:00 p.m. on Wednesday nights for Atascadero After Hours, which will occur in conjunction with the CC Draft Minutes 05/11/04 Page 2 of 18 4 ITEM NUMBER: A-2 DATE: 06/08/04 new market. Sandy Brooks asked for help with keeping motorcycles out of the Salinas River by helping to improve the pipe barrier access points for the Anza Trail. Bill Obermeyer asked Council to consider adding open space, pathways, trails, etc. when new projects come up for consideration. He would like to see an interconnected bike/trail network between new projects. Eric Greening seconded the comments of the previous speaker for several reasons including the state of our health, because younger people need to safely get around town, and the rising price of gasoline. Mayor Luna closed the Community Forum period. APPROVAL OF AGENDA: MOTION: By Council Member O'Malley and seconded by Council Member Clay to approve the agenda Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring May 16 - 22, 2004 - "National Public Works Week." Mayor Luna read the Proclamation and presented it to Public Works Director Steve Kahn who thanked Council for the Proclamation. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Luna announced that he would be in Sacramento tomorrow and Thursday for a League of California Cities conference, therefore his office hours tomorrow would be cancelled. Mayor Luna spoke about Stadium Park and thanked, the California Conservation Corps for building a pedestrian trail, spreading chips for dust control and clearing brush, making the Park safer. Mayor Luna recognized specific individuals for helping to prepare the 10-foot easement the City holds leading into Stadium Park and the bowl in the park; efforts that helped make the Pine Mountain Festival a success. 1. Designation of Voting Delegate League of California Cities' Local Legislative Action Days May 12-13, 2004 Staff recommendation:• Council designate a voting delegate and alternate for the General Assembly of the League meeting to be held on May 13, 2004. CC Draft Minutes 05/11/04 Page 3 of 18 5 ITEM NUMBER: A-2 DATE: 06/08/04 -Mayor Luna announced that the initiative to prevent the State from confiscating local funds would be on the ballot. He also spoke about the compromise the Governor is trying to negotiate with California cities. City Manager Wade McKinney explained the Governor's proposal and its impact to Atascadero. PUBLIC COMMENT Joanne Main asked for clarification on what would happen on the ballot with the Governor's proposal as the original initiative is already approved to be on the ballot. Mayor tuna explained the Governor is inserting a second initiative. Eric Greening indicated he supports the motion on the table, but observed that it feels unhealthy to have someone make a decision on a ballot measure not on the merits of that measure but on the behavior of a third party. Mayor Luna closed the Public Comment period. MOTION: By Council Member O'Malley- and seconded by Council Member Clay to designate Mayor Luna to be Atascadero's voting delegate and Council Member Pacas to be the alternate to vote at the general assembly and further direct that Mayor Luna vote in favor of the- compromise suggested by the Governor. Motion passed 3;2 by a roll-call vote. (Pacas, Luna opposed) Council Member Pacas stated she did not like to add on that Mayor Luna must vote in favor of the Governor's compromise before there is a chance for those attending the League of Cities conference.to meet and comment. A. CONSENT CALENDAR: 1. City Council Meeting Minutes — April 13, 2004 • City Clerk recommendation: Council approve the City Council minutes of the meeting of April 13, 2004. (City Clerk) 2• March Disbursements ■ Fiscal impact: Total expenditures for all funds if$1,331,161.55. • Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for March 2004. (Administrative Services) CC Draft Minutes 05/11/04 Page 4 of 18 6 ITEM NUMBER: A-2 DATE: 06/08/04 3. March Treasurer's Report • fiscal impact: None ■ Recommendation: Council approve the City Treasurer's report for March 2004. (Administrative Services) 4. Eden Financial Software Upgrade ■ Fiscal impact: $58,500 of technology replacement funds. • Recommendations: Council: 1) Authorize the City Manager to execute a contract for $50,600 plus expenses with Eden Systems, Inc. for the installation of and training for the financialsystem software upgrade. 2) Authorize the Administrative Services Director to appropriate an additional $58,500 in technology funds for this software upgrade. 5. City's Workers' Compensation Program ■ Fiscal impact: A slight savings over current premiums and a potential substantial savings based on the claims incurred during each fiscal year. Recommendation: Council adopt draft resolution authorizing and approving self-insurance of workers'compensation for its employees through the self-insurance and loss pooling program of California Joint Powers Insurance Authority (CJPIA) (Administrative Services) 6. Amendments to the Atascadero Municipal Code Pertainina to Noise Standards, Regulations of Outdoor Amplified Noise, Cost Recovery for Noise Disturbances and Regulating Motorcycles as an Accessory Use • Fiscal impact: None has been identified. • Recommendations: Council: 1) Adopt on second reading by title only ordinance next in order amending the Atascadero Municipal code pertaining to exemptions to noise standards, regulation of outdoor amplified noise and cost recovery for noise disturbances. 2) Adopt on second reading by title only ordinance next in order amending the Atascadero Municipal Code to regulate motorcycles as an accessory use and to include cost recovery for police services. (City Attorney) CC Draft Minutes 05/11/04 Page 5 of 18 7 ITEM NUMBER: A-2 DATE: 06/08/04 7. Sin gle Family Planned Development ZCH 2003-0071 Master Plan Development (CUP 2003-0188) Vestina Tentative Parcel Map 2003- 00525528 Tunitas Ave. 5559 Rosario Ave Mehrin ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. ■ Recommendation: Council approve on second reading, by title only, the attached Draft Ordinance, enacting Zone Change 2003-0071 adding the PD-7 zoning overlay district to an RMF-10 site. (Community Development) 8. Hot El Camino Nite Road Closure ■ Fiscal impact: None. • Recommendation: Council approve the draft Resolution authorizing the closure of El Camino Real from Curbaril to Traffic Way.on Friday, August 20, 2004 from 6:30 p.m. until 8:30 p.m. (Community Services) 9. Final Ma 2004-0074 — Tract 1858-2 Tentative Tract Ma25-89 — 5805 Capistrano Ave (Hotel Park/Glen Lewis) p ■ Fiscal impact: None. ■ Recommendations: Council: 1) Accept Final Map 2004-0074 (Tract 1858-2); and 2)_Reject offers of dedication for easements without prejudice to future acceptance. 10. Architecture and Enaineering Services Contract for City Hall and Printery Seismic Repairs • Fiscal impact: The fiscal impact is unknown at this time, however current estimates for engineering and architectural services currently range from $500,000 to $3,000,000 of FEMA, OES and City funds. ■ Staff Recommendations: Council: 1) Authorize the City Manager to negotiate and execute a contract for architecture and miscellaneous engineering services with Hardy Holzman Pfeiffer Associates (HHPA). 2) Authorize the City Manager to negotiate and execute a contract for structural engineering services with Nabih Youssef & Associates (NYA). (Administrative Services) Mayor Luna pulled Items #A-6 and 10. MOTION: By Council Member Clay and seconded by Council Member O'Malley to approve Items#A-1, 2, 3, 4, 5, 7, 8 and 9. Motion passed 5.0 by a roll-call vote. (Item #A-4.1 Contract No. 2004 rdi-009, Item #A-5 Resolution No. 2004-038, Item #A-7 Ordinance No. 450, Item #A-8 Resolution No. 2004-039) CC Draft Minutes 05/11/04 Page 6 of 18 R ITEM NUMBER: A-2 DATE: 06/08/04 Item #A-6: Mayor Luna stated he pulled this item because he intends to vote no. He indicated that at the last meeting:the City Attorney informed Council that the General Plan and the Zoning Ordinance were not enforceable and this ordinance would be a compromise. He thinks this is the wrong approach and that the City should go back and redo each in such a way that they can be enforced. PUBLIC COMMENT Doug Marks stated that this ordinance is inconsistent with the long-term best interests of the City of Atascadero and the majority of its residents. He asked that motorcycle tracks be prohibited in residential areas of the City. Jerry Dillard encouraged Council to adopt the proposal to regulate motorcycle use and stated he would like to see existing ordinances enforced. Nancy Spitzer spoke against this ordinance and stated that the existing ordinances should be enforced. She stated that real estate values would be diminished and she expressed concern with fire hazards from exhaust systems and vehicle operation. Jim Anderson expressed surprise that the Council has voted in favor of this ordinance and asked them to reconsider given the noise the motorcycles make in residential areas. Rosemary.Bern stated she has been keeping a dairy, as recommended, and found that motorcycles have been ridden more than two hours a day and early on Sunday. She stated this proposal will not work and asked for a total band on any motorcycle use on private property. Charles Cox stated that the Council's failure to ban motorcycle use has created a public nuisance and lessened the standards for a peaceful neighborhood. He urged the Council to reverse their earlier vote and completely ban motorcycle. use in residential areas. Eric Greening stated that this ordinance could have an impact on soil destabilization and sedimentation,and asked how this integrates with the National Pollutant Discharge Elimination System Plan. Mayor Luna closed the Public Comment period. MOTION: By Council Member Pacas and seconded by Mayor Luna to adopt Item #A-6 portion 1, adopt on second reading by title only amending the Atascadero Municipal code pertaining to exemptions to noise standards, regulation of outdoor amplified noise and cost recovery for noise disturbances Motion passed 4;1 by a roll-call vote. (Clay opposed) (Ordinance No. 448) CC Draft Minutes 05/11/04 Page 7 of 18 9 ITEM NUMBER: A-2 DATE: 06/08/04 MOTION: By Council Member Clay and seconded by Mayor Pro Tem, Scalise to adopt on second reading by title only ordinance amending the Atascadero Municipal Code to regulate motorcycles as an accessory use and to include cost recovery for police services. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) (Ordinance No. 449) Item #A-10: Mayor Luna asked for an explanation of why there was such a big range in the estimates. Administrative Services Director Rickard and City Manager McKinney explained the reason for the large range. MOTION: By Mayor Luna and seconded by Council Member Clay to approve Item #A-10. Motion passed 5.0 by a roll-call vote. (Item No A-10.1 Contract NO- 2004-010, Item No. A-10.2 Contract No.. 2004-011) B. CONTINUED ITEMS: 1. West Front Village GPA 2003-0005 / Zone Change 2003-0058 (CUP 2003-0108) Tentative Tract Map 2003-0035 (West Front Properties) ■ Fiscal impact. The project would likely have a negative impact on City revenues. As a general rule, conversion of commercial land use to residential dwellings requires services that exceed the revenue generated by the proposed uses. Staff has not analyzed the fiscal impact of the project. Staff recommendation: Council authorize staff to process the West Front Village mixed use general plan amendment project application. (Community Development) Community Development Director Warren Frace gave the staff report and answered questions of Council Council Member O'Malley made several suggestions of minimum standards for horizontal development: 1. Implement the Tausig study on all legislative acts of the Council that allow an entitlement to a home. 2. Condition mixed use projects so that the commercial is built concurrently with the residential 3. Create a standard of at least 50% commercial unless Council finds unusual benefit to allow less. 4. Prioritize staff time as follows: 1) anything that brings in transient occupancy tax, 2) commercial retail where there is a lease in place, 3) commercial retail for speculation, and 4) residential CC Draft Minutes 05/11/04 Page 8 of 18 10 ITEM NUMBER: A-2 DATE: 06/08/04 There was Council discussion of Council Member O'Malley's suggestions. PUBLIC COMMENT Richard Shannon, applicant, spoke about the mutual benefits for both the applicant and the City from this project. He asked Council to authorize staff to work with them on this project and to process it as quickly as possible. Mr. Shannon offered to hire an outside consultant to assist staff in processing this project. Mr. Shannon answered questions of Council. Bill White, Atascadero Firefighters Association, reiterated to Council their opposition to any change that would rezone commercial or retail property to residential. Mr. White answered questions of Council. Eric Greening stated he does not see the mechanism by which the Tausig study would sustain the continued break-even revenue to the City once properties are sold to private owners. Dan McGauley, Atascadero Firefighters Association, stated they are not opposed to mixed use but they feel there is a finite amount of commercial left in the city and that sales tax will cover their expenses more so than property taxes. They support applying the Tausig study to all development. Mr. McGauley answered questions of Council. Joanne Main, Chamber of Commerce, spoke in favor of seeing retail and TOT revenues grow. She stated this hotel has great potential for bringing revenue to the City, and urged Council to support this project. - Ann Ketcherside questioned the zone changes and whether there had been a publicly noticed hearing on this item in past. Mayor Luna closed the Public Comment period. Mayor Luna commented that when a commercial property is converted to residential it would be residential forever. He spoke about horizontal mixed use and felt the City must proceed slowly on it. He indicated he could not support these types of developments and especially not this one. Council Member Pacas does not see a problem with letting a piece of property be on the market for many years if it results in getting the appropriate project for the site, one that will generate revenue for the City. Though she thinks this is a good time for a hotel to come into the City, she does not support converting this property to housing in the back, as it does not benefit the entire City as a commercial development would. CC Draft Minutes 05/11/04 Page 9 of 18 �7 ITEM NUMBER: A-2 DATE: 06/08/04 MOTION: By Council.Member Clay and seconded by Mayor Pro Tem Scalise to authorize staff to process the West Front Village mixed use general plan amendment project application and to take up the developers on their proposal to provide a consultant to assist staff with processing. Council Member O'Malley asked if the maker would amend the motion to implement the Tausig study for the residential component of project and to require that the commercial portion be built.- Council Member Clay accepted this amendment to his motion. Mayor Pro Tem Scalise stated that she is not comfortable with applying the Tausig study at this juncture, however she would go along with the amendment as tonight Council is just giving staff an indication of the types of things they want in the project. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Scalise to authorize staff to process the West Front Village mixed use general plan amendment project application and to take up the developers on their proposal to provide a consultant to assist -staff with processing, that the Tausig fiscal model be run on the residential portions of the project, and there be a requirement that the commercial portion will be built. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) Mayor Luna recessed the hearing at 9:40 p.m. Mayor Luna called the meeting back to order at 9:48 p.m. Council Member O'Malley clarified his position on the last motion, stating that he expects a motel is going to be built at the same time as the residential is built. 2. El Camino Real / Principal Avenue Mixed-Use GPA 2003-0008 / Zone Change 2003-0070 (CUP 2003-0117) Tentative Tract Map 2003-0004 West Pac Investments) ■ Fiscal impact: The project would likely have a negative impact on City revenues. As a general rule, conversion of commercial land use to residential dwellings requires services that exceed the revenue generated by the proposed uses. Staff has not analyzed the fiscal impact of the project. ■ Staff recommendation: Council authorize staff to process the El Camino Real/Principal Avenue mixed use general plan amendment project application.- (Community Development) CC Draft Minutes 05/11/04 Page 10 of 18 12 ITEM NUMBER: A-2 DATE: 06/08/04 Community Development Director Warren Fraceave the staff re questions of Council. g port and answered PUBLIC COMMENT Hamish Marshall, applicant, spoke about the project and the difficulty of developing the site. He reviewed the major issues for the project and stated it provides a different type of housing for Atascadero. Mr. Marshall answered questions of Council. . Council Member O'Malley asked Mr. Marshall if he would be amenable to creating all commercial retail on both sides of the building on EI Camino Real. Mr. Marshall indicated 'that this project was not set in stone and they would be amenable to that suggestion. Council Member O'Malley further asked if the applicant would consider duplicating the EI Camino Real building on Principal Avenue and double the proposed commercial on the site. Mr. Marshall stated they could look at doing that but he would want to do the same layout as the other building, having retail commercial below, with the housing that folds off the back. Dan- McGauley, Atascadero Firefighters Association, reiterated their concern with the significant loss of commercial on this site. Eric Greening agreed that this site was deep but felt there were potentially deep commercial uses. He stated that offices would not provide enough revenue to the City compared with commercial, and that there is no compelling reason to make this move at this time. Carol Florence, project planner, reminded Council that their decision places the onus on the design team to bring a successful project to the applicant and community. Mayor Luna closed the Public Comment period. Council Member Clay indicated he would like to see a pocket park developed as part of an assessment district. The applicant stated he would be happy to look at the entire area and see what would be feasible. Council Member O'Malley asked what percentage of commercial the applicant felt the project could be increased to. Mr. Marshall indicated they could possibly go 30 to 35%. MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to authorize staff to process the EI Camino Real/Principal Avenue mixed use general plan amendment project with the suggestions as heard tonight. Mayor Luna asked staff to reiterate what they think the Council suggestions on this CC Draft Minutes 05/11/04 Page 11 of 18 1� ITEM NUMBER: A-2 DATE: 06/08/04 project were. Director Frace stated staff had listed: double the commercial which would includeputtingthe commercial building along Principal, count the open space toward the commercial area, and create a pocket park along the creek next to EI Camino Real There was Council discussion of the proposed motion. Mayor Pro Tem Scalise withdrew her motion. MOTION: By Council Member O'Malley and seconded by Council Member Clay to authorize staff to process the EI Camino Real/Principal Avenue mixed use general_ plan amendment project application amended to require 35% commercial on this project as a minimum, wherever that is attainable, and agree with the applicant to use the open space area along the creek and EI Camino Real if he is able to turn that into a park, and with the Tausig study included on all residential. Motion passed 5:0 by a roll-call vote. 3. Morro Road Mixed-Use / GPA 2003-0005 / Zone Chane 2003-0058 (CUP 2003-0104) (Rick Mathews) Fiscal impact: The project would likely have a negative impact on City revenues. As a general rule, conversion of commercial land use to residential dwellings requires services that exceed the revenue generated by the proposed uses. However, the commercial/retail component of the project would likely offset some of the residential fiscal impact. Staff recommendation: Council authorize staff to process the project application. (Community Development) Community Development Director Warren Frace gave the staff report and answered questions of Council PUBLIC COMMENT Rick Matthews, applicant, spoke about the property and how the project idea developed. He stated this project has a lot of the good elements of mixed use, and that he would be building the residential and commercial all together. Mayor Luna closed the Public Comment period. Motion: By Council Member O'Malley and seconded by Council Member Clay to authorize staff to process the project application with inclusion of Tausig study. Motion passed 5:0 by a roll-call vote. CC Draft Minutes 05/11/04 Page 12 of 18 14 ITEM NUMBER: _ A-2 DATE: 06/08/04 C. PUBLIC HEARINGS: 1. Auto and Vehicle Dealerships Zoning Text Amendment Zone Change 2003-0077 (Community Redevelopment Agency) ■ Fiscal impact: The project would likely have a positive impact on City revenues. As a general rule, sales tax revenues from automobile sales exceedthecost of city services by the proposed use. ■ Planning Commission Recommends: Council introduce for first reading, by title only, draft Ordinance A approving Zone Change 2003- 0077 based on findings. Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council. PUBLIC COMMENT William Vega spoke about the type of cars he would be selling and how his business would bring people from out of town seeking this type of vehicle. He thanked Council for.considering this option. Rafael Granajo asked for clarification on what the Council was actually considering on this item tonight. Mayor Luna closed the Public Comment period. MOTION: By Council Member O'Malley and seconded by Council Member Clay to introduce for first reading, by title only, draft Ordinance A approving Zone Change 2003-0077 based on findings. Motion passed 50.by a roll-call vote. MOTION: By Council Member Clay and seconded by Council Member O'Malley to go past 11:00 p.m. Motion passed 3:2 by a roll-call vote. (Pacas, Luna opposed) CC Draft Minutes 05/11/04 Page 13 of 18 15 ITEM NUMBER: A-2 DATE: 06/08/04 2. Single family Planned Development ZCH 2003-0063 Master Plan of Development (CUP 2003-0112), Vesting Tentative Tract Map 2003- 10037— 1325 EI Camino Real (Gearhart) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. Asa general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. • Planning Commission recommendations: Council: 1. Adopt Resolution A, certifying Mitigated Negative Declaration 2004- 0010; and, 2. Introduce for first reading, by title only, draft Ordinance A approving Zone Change 2003-0063 based on findings; and, 3. Adopt draft Resolution B approving the Master Plan of Development (CUP 2003-0112) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt draft Resolution C approving Vesting Tentative Tract Map 2003-0037, based on findings and subject to Conditions of Approval and Mitigation Monitoring. (Community Development) Deputy Community Development Director Steve McHarris gave the staff report and answered questions of Council. PUBLIC COMMENT Kelly Gearhart, applicant, answered uestions of' q Council. Bill Obermeyer stated his property borders this project and suggested a trail be required along the corridor from the Home Depot to Del Rio Road as all that area will be developed. He asked if fencing is being proposed for the back lots. Mayor Luna closed the Public Comment period. Council Member Pacas spoke on the subject of community benefits and made the assumption that the applicant is getting 13 additional houses because he is preserving the Colony Home. She suggested that this was quite a benefit for simply moving the historic home and felt there could be leverage for including trails or a pocket park. MOTION. By Council Member O'Malley and seconded by Council Member Clay to adopt Resolution A certifying Mitigated Negative Declaration 2004-0010; and, introduce for first reading, by title only, draft Ordinance A approving Zone Change 2003-0063 based on findings; and, adopt draft Resolution B approving the Master Plan of Development (CUP 2003-0112) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt draft Resolution C approving Vesting Tentative Tract Map 2003-0037 CC Draft Minutes 05/11/04 Page 14 of 18 16 ITEM NUMBER: A-2 DATE: 06/08/04 based on findings and subject to Conditions of Approval and MitigationMonitoring, with inclusion of the Tausig Study. Motion passed 4:1 by a roll-call vote. (Paces opposed) (item #C-2.1 'Resolution No. 2004-040, Item #C:2.3 Resolution No. 2004-041, Item #C-2.4 Resolution No. 2004-042) 3. Amendment to the City of Atascadero Contract with the California Public Employees' Retirement System (Ca1PERS) ■ Fiscal impact: The adoption of the contract amendment via resolution and ordinance, will result in the following valuation changes to our plan: 1) Change in the Present Value of Benefits $2,476,257 2) Change in the Unfunded Accrued Liability $1,992,363 3) Change in the Total Employer Rate 12.196% ■ Recommendations: Council: 1) Adopt the draft Resolution of Intention to amend the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System; and 2) -Introduce for first reading by title only, the Draft Ordinance authorizing an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System. (City Manager) Administrative Services Director Rachelle Rickard gave the staff report and answered questions of Council. PUBLIC COMMENT-None MOTION: By Council Member O'Malley and seconded by Council Member Clay to adopt the draft Resolution of Intention to amend the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System; and introduce for first reading by title only, the Draft Ordinance authorizing an amendment to the contract between the City Council of the City of Atascadero and the Board of Administration of the California Public Employees' Retirement System. Motion passed 5.0 by a roll-call vote. (Item #C-3.1 Resolution No. 2004-043) CC Draft Minutes 05/11/04 Page 15 of 18 17 ITEM NUMBER: A-2 DATE: 06/08/04 D. MANAGEMENT REPORTS: 1. Award Transit Services Contract ■ Fiscal impact: Transit services are funded in the Public Works-Transit budget and paid with Transportation Development Act (TDA) monies and Federal 5307 funds. No General Fun monies are required. ■ Recommendation: Authorize the City Manager to enter into an agreement with .Laidlaw Transit Services to provide driver services to the City. (Public Works) Public Works Technician Valerie Humphrey provided the staff report andansweredquestions of Council. PUBLIC COMMENT- None MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to authorize the City Manager to enter into an agreement with Laidlaw Transit Services to provide driver services to the City. Motion passed 5.0 by a roll-call vote. (Contract No. 2004-012) 2. Atascadero Main Street Request for Council Liaison and Concurrence on Sunken Garden's Vision ■ Fiscal `impact: None. However if the Council directs work on the Master Plan or other staff work, it would have a financial impact. ■ Recommendations: Council: 1) Take no action to appoint a liaison to Main Street; and 2) Reaffirm the City's intention to prepare a Master Plan for the Sunken Gardens in fiscal year 2005-06 (City Manager). Item #D-2.1: City Manager Wade McKinney gave the staff report and answered questions of Council. PUBLIC COMMENT Steve Martin, Executive Director Atascadero Main Street, feels this liaison position could work very well as it does in Paso Robles, however, there is very good communication between the Main Street Board-of Directors and the City Council, making this appointment unnecessary at this time. Mayor Luna closed the Public Comment period, No action was taken on this item. CC Draft Minutes 05/11/04 Page 16 of 18 18 ITEM NUMBER: A-2 DATE: 06/08/04 Item #D-2.2: Council Member O'Malley stepped down from consideration of this item stating property located on East Mall, Lot 12, which is adjacent to the Sunken Gardens. owns City Manager Wade McKinney gave the staff report and answered questions of Council. PUBLIC COMMENT Steve Martin, Executive Director Atascadero Main, Street, stated Main Street supports doing something with the Sunken Garden and that it is now a priority for the Board of Directors. He indicated the vision statement is the Board's attempt to let the City know what they expect to see there in future.. He advocated a series of public workshops with Main Street as a big player in the process. Susan Beatie, Main Street Design Committee, indicated that this is not a finished product but something to start with. She commended the workshops held for the design of Lake Park,and would liketosee Main Street run public workshops on the Sunken Gardens. Mayor Luna closed the Public Comment period. MOTION: By Council Member Clay and seconded by Mayor Luna to reaffirm the City's intention to prepare a Master Plan for the Sunken Gardens in fiscal year 2005-06. Motion passed 4:0 by roll-call vote. Council Member O'Malley rejoined the hearing. E. COMMITTEE & LIAISON REPORTS: Mayor Luna 1. County Mayor's Round Table: Met in Grover Beach where they have constructed a very nice mixed-use project along Grande Avenue. They discussed the Governor's compromise. Council Member Pacas 1. Atascadero Youth Task Force: Saturday is Children's Day in the Park, at the Lake Park. CC Draft Minutes 05/11/04 Page 17 of 18 19 ITEM NUMBER: A-2 - DATE: 06/08/04 F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Clerk City Clerk Torgerson stated she is advertising for,a youth representative for the Parks and Recreation Commission. She asked for two Council representatives to interview the recruits. MayorLuna appointed himself and Council Member Clay. 2• City Attorney: City Attorney Hanley announced there was a recent league meeting for City Attorneys, and that he would be serving a two-year term on the Board of Editors of the Municipal Law Handbook. In addition he was honored at the City Attorneys.Luncheon for his unique contributions to the discourse of the group. G. ADJOURNMENT: Mayor Luna adjourned the meeting at 11:45 p.m. to the next regularly scheduled meeting of the City Council on May 25, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Deputy City Clerk CC Draft Minutes 05/11/04 Page 18 of 18 20 ITEM NUMBER: A-3 DATE: 06/08/04 SPECIAL CLOSED MEETING ATASCADERO CITY COUNCIL Thursday, May 20, 2004 5:15 P.M. CLOSED SESSION COUNCIL CLOSED SESSION: Mayor Luna called the meeting to order at 5:15P.m. 1. PUBLIC COMMENT—CLOSED SESSION - None 2. Call to Order a. Conference with legal counsel — Existing litigation (Govt. Code Sec.54956.9 (a)) 1. Creekside Associates v. City of Atascadero 3. Adjourn 2. Casur v.City of Atascadero 4. CLOSED SESSION REPORT The City Attorney announced that there was no reportable action taken. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk 21 ITEM NUMBER: _ DATE: 06 0804 Isis Y 1 9 i SAD E8O j Atascadero City Council April .2004 Staff Report - City Treasurer April 2004 Investment Report RECOMMENDATION: Council approve the City Treasurer's report for April 2004 REPORT IN BRIEF: Cash and Investments Checking $ 195,345 Money Market Accounts 6 Certificates of Deposit 5,649,249 Government Securities 1,542,500 LAI F 19,808,942 Cash with Fiscal Agents 143,691 Cash in Banks at April 30, 2004 $ 27,339 733 Deposits in Transit ' Outstanding Checks (233,994) Cash and Investments at April 30, 2004 $ 27,105,739 Securities Purchased: Investment Activity None Securities.Matured: None Securities Sold/Called Prior to Maturity: None Other Reportable Activities: None Page 1 of 12 22 CITY OFATASCADERO TREASURER'S REPORT CASH&INVESTMENTSACTIVITYSUMMARY FOR THE MONTH OF APRIL 2004 CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at April 1,2004 $ 355,146 $ 23,791,605 $ 143,626 $ 24,290,377 Receipts 4,444,432 59,092 65 4,503,589 Disbursements (1,454,233) _ (1;454,233) Transfers In - 3,150,000 _ 3,150,000 Transfers Out (3,150,000) _ - (3,150,000) Balance per Banks at April 30, 2004 $ 195,345 $ 27,000,697 $ 143,691 27,339,733 Deposits in Transit Outstanding Checks (233,994) Adjusted Treasurer's Balance $ 27,105,739 Page 2 of 12 N �p 00 p O p 000 O w O �o W h O Okr� O C O ol� -7 Q\ � kn 65 C—N 0 F.• G en ON 06 a � 114 oco 4 U kn �. 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M M. M N N N M cV M M M M W04 o0 W CIS Q1 L W y u 0 � Q a O 0 V ti W z 84 a A A Q Q cn A cit V) q q A A wLZ 0 as ~' > a� > > U C7 U U U C7 C7 U C7 C7 U U u U en M M M M M M C _CC> A p c o c o o n o c 000 0O0 a p a 0 0 0 0 0 0 0 0 U ACRS c .ci G d ,b C L i cy w �; ,� L y 0 4d0 0 U „d C/] „d f/] y ,y tytl O aw 44u � a � u AvN wv cru vw rev wv E= ¢ 3r� V) 00 Ua, • 00 00oc) ty o 0 0 0 o c o o °° °° °° OD 00 00 W) 00N In o 0 0 0 N 00 O 00 y � fl) 0O 0O O A O O O O O O O O O O O O O '. 27 h c o c c c o0 00 00 0 o c o 0 0 o c c c o0 00 O W o C� rn o 00 O y N V a. A c0 0 0 0 0 0 0 0 0 wl ON o 0 0 0 N o _OM kn M M M M M M M M M MAN M p Ir wA4 �! 1 G N H Z e n 0 _ 0 0 0 0 0 0 0 V � W aai cai aai aai aai � aai agi cpi ¢' a F' o 0 0 0 0 0 0 0 0 00 [r °' cu 0 to jZ w t9 w w w w~ w w w U U U U 114 Mo o d v 0 0 M o 0 o c 4, o No Mo c o x R y ie h "1 Q C `braccOa - Cd C.1 •C ct AW xa�4 N75 zz � a z �w+ '� •7-�. .. •y .O CYi 'TJ b '9 ❑ ZZL U ani p C d O a� cC o p C. S~ y h m .,dr 'C •y V +�•, p ri� �� QO w' x w° C7 U ww wao � � U = o ty o 0 0 oa 0 rn o a o a rn � o 0 0 0 0 0 �^ N en O O Q o rq C O 28 M vj o ti 00 00 w V 00 ti U N V us 69 �.•N ..D 4. O .0 U -�j O U Q LL y Cd w Zon N [r �a 13 C Fr �o o i _0 a 0 U tiEN m 1-4 U y w � 0 lol� b w, o 0 asp a Q p U to W cz �QI Q fA ti 3 sCdb 1114 it � � j " � � qoA O U t 29 City of Atascadero Investments by Type April 2004 Government SecuritiesCash with Certificates of Deposit 6% Fiscal Agent Other 21%` 1% 0% LAIF 72% Investment April 2004 LAIF $ 19,808,942 Certificates of Deposit 5,649,249 Government Securities 1,542,500 Cash with Fiscal Agent 143,691 Other 6 $ 27,144,388 • Page 9 of 12 30 City of Atascadero Investments by Maturity April 2004 One Month Within One to Five Years to One Year One Month 23% 1% 3% 77 X On Demand 73% Investment ri12004 On Demand $ 19,808,948 Within One Month 289,728 One Month to One Year 788,052 One to Five Years 6,113269 $ 27,000,697 Page 10 of 12 31 City of Atascadero Investments by Custodial Agent April 2004 RBC Dain Rauscher Bank of 18% New York City of Penson Financial Corp. 1% Atascadero 8% 0% State of California 73% Custodial Agent April 2004 State of California $ 19,808,942 Penson Financial Corp. 2,197,783 RBC Dain Rauscher 4;945,792 Bank of New York 143,691 City of Atascadero 48,180 $ 27,144,388 • Page 11 of 12 32 City of Atascadero Investment Yield vs.2-Year Treasury Yield For the Year.Ended April 30,2004 3.00% .r. ci a 2.50% 2.00% a .w 0. A , 1.50% _1.00% 0.50% 0. s ti 0.00°/O Of) O(fj O(fj 101 01 P �Qtie p� ode �� dao FAP� O City Yield --0-2-Yr Treasury Yield 2-Yr Treasury City Yield Yield April 2003 2.469% May 2003 2.36% 1.42% June 2003 2.28% 1:23% July 2003 2.22% 1.47% August 2003 2.23% 1.86% September 2003 2.23%° 1.71% October 2003 2.21% 1.75% November 2003 2.18% 1.93%° December 2003 2.11% 1.91% January 2004 2.10% 1.76% February 2004 2.03% 1.74% March 2004 2.07% 1.58% April 2004 1.98% 2.07% Page 12 of 12 33 ITEM NUMBER: A-5 ■ ■ gym . DATE: 06/08/04 is" s 1970 tascadero City Council City Clerk Report General Municipal Election November 2, 2004 RECOMMENDATIONS: Council: 1. Adopt draft Resolution A, calling and giving notice of the holding of a General MunicipalElectionto be held on Tuesday, November 2, 2004. 2. Adopt draft Resolution B, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 2, 2004. DISCUSSION: The General Municipal Election will be held on Tuesday, November 2, 2004. The terms of three Council Members, George Luna, Jerry Clay and Wendy Scalise, will expire in November 2004. The City Council must adopt a resolution to initiate the election process. Also, to combine our election with the County,-the Council must adopt a resolution requesting consolidation with the County. FISCAL IMPACT: The General Municipal Election is estimated to cost approximately $19,000.00. ATTACHMENTS: Draft Resolutions 34 ITEM NUMBER: A-5 DATE: 06/08/04 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPALELECTION TO BE HELD ON TUESDAY,NOVEMBER 2,2004 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 2, 2004, for the election of Municipal Officers; NOW, TBEREFORE, THE CITY COUNCIL OF TILE CITY OF ATASCADERO DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General law Cities; there is called and ordered to be held in the City of Atascadero, California, on Tuesday, November.2, 2004, a General Municipal Election for the purpose of electing three members to the City Council for the full term of four years. SECTION 2. That the ballots to be used at the election shall be in form and content as required bylaw. SECTION 3. That the City Clerk is authorized, instructed and directed to_procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that my be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock am. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed except as provided in § 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, time,form and manner as required by law. 35 ITEM NUMBER: A-5 DATE: 06/08/04 City of Atascadero Draft Resolution Page Two SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. On motion by Council Member and seconded by Council Member , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: APES: NOES: ABSENT: ADOPTED: June 8,2004 ATTEST: CITY OF ATASCADERO • Marcia McClure Torgerson, C.M.C. Dr.George Luna,Mayor City Clerk APPROVED AS TO FORM: Roy A.Hanley, City Attorney • 36 ITEM NUMBER: A-5 DATE: 06/08/04 DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2,2004,WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Atascadero called ,a General Municipal Election to be held on November 2, 2004, for the purpose of the election of three members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date, and that within the city the precincts, polling places and election officers of the two elections be the same and that the county election department of the County of San Luis Obispo canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; NOW, TBEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree to the consolidation of a General Municipal Election with the.Statewide General Election on Tuesday, November 2, 2004 for the purpose of the election of three members of the City Council for a term of four years each. SECTION 2. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of Atascadero recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. • 37 ITEM NUMBER: A-5 DATE: 06/08/04 City of Atascadero • Draft Resolution Page 2 SECTION 5. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the county election department of the County of San Luis Obispo. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: June 8,2004 • ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson, C.M.C. Dr. George Luna,Mayor City Clerk APPROVED AS TO CONTENT Roy A. Hanley, City.Attorney 38 ITEM NUMBER: A-6 DATE: 06/08/04 R o■ � s R 191g 6 1 8 A' CAI �+Oj Atascadero City Council Staff Report - Community Development Department -Hazard Mitigation Plan ConsultantContract Authorization RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute a contract with URS, Inc. for contract services to prepare a Hazard Mitigation Plan per FEMA standards for the City of Atascadero upon notification of approval of a_Hazard Mitigation Grant from the State of California Office of Emergency Services; and, 2.' Authorize the City Manager to expend approximately $25,000 for the purpose of matching grant funding to prepare a Local Hazard Mitigation Plan.; DISCUSSION: Background: In October 2000, the President signed into law the Disaster Mitigation Act (Act) of 2000, amending the Robert T. Stafford Disaster Relief and Emergency Assistance Act by, among other things, adding a new section 322, entitled Mitigation Planning, Section 322 of the Act requires local governments to develop and submit hazard mitigation plans by November 1, 2004, as a condition of receiving Hazard Mitigation Grant Program (HMGP) funds and other Mitigation project grant funds. In February 2004, the California State Office of Emergency Services held a workshop, which City staff attended, to explain the Act and the process for preparing a Hazard Mitigation Plan (Plan). Preparation of the Plan is anticipated to be very time consuming, resulting in a direct impact to Staff's workload over a 6-month period of time. In order to 39 ITEM NUMBER: A-6 DATE: 06/08/04 offset this impact,Staff has applied for a grant from the Office of Emergency Services in the amount of $75,000 to cover the cost of consultant services for preparing the Plan. The estimated cost of Plan preparation in the grant application was $100,000. The Hazard Mitigation Grant will fund seventy-five percent ($75,000) of the eligible activity and the City will be required to fund the remaining twenty-five percent ($25,000). A Request for Proposals (RFP) was issued and sent to several consultants for assistance in preparing the Plan. Three firms responded (see attached bid list) and URS, Corp has been selected to be the most cost effective, qualified firm. Analysis: The preparation of the°Plan is a complex project with strict timelines. The consultant will be required to hold and document public workshops, identify potential hazards, assess vulnerability, and identify preventative mitigation measures on a Citywide basis. The guidelines for the Plan require input from all stakeholders, including residents, emergency response workers and the business community.. The City Council will be asked to adopt the final plan once the Office of Emergency Services determines the Plan meets all the requirements. Development and acceptance of the Plan would result in the City's continued eligibility for grant funding for projects that would reduce the risk of damage resulting from natural disasters. As time is of the essence in developing the Plan and transmitting it to FEMA prior to the November 1, 2004 deadline,,Staff is recommending that the City Council authorize the City Manager to enter into a contract with the selected consultant as soon as grant funding for the project is approved: FISCAL IMPACT: Authorization of the contract will result in the expenditure of $64,911. Seventy-five percent ($48,683.25) of these funds are expected to be reimbursed to the City by the 'Office of Emergency Services Hazard Mitigation Grant and twenty-five percent ($16,227.75) will be absorbed by the City. ATTACHMENTS: Bid Summary Consultant Services Agreement 0 40 • ITEM NUMBER: A-6 DATE: 06/08/04 "Chy Managatils.:Department l ttO1C%i: I6la ia,"No'Cl:E Togersan,qty C ent B1,DWO"- 2004.404 OPENED. s.0o,I M,—114109/04 PROJECT: Local Hazard Ntigation plate 3 Statemout&,of-Qualffications were received and 00ened may,ss follows; • Biader 'Tlha T.4i - ray -base Did, 8C�1►1 Ilritzeva 111 $7 ,62 :616 Sausliti�,CA`J49+G , 133 ruarlv .Sn1te 81 64, �:t10 ,:CA c 94612; ,7arnes'Thcraes 4 Assoc.lnc: 11I 1'.- rsalve:Suite9 : 01"dalc,,CA;91202 Atteehnarits: fitment of(uulircatans(3) 41 ITEM NUMBER: A-6 • DATE: 06/08/04 CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO THIS AGREEMENT is hereby entered into by and between the CITY OF ATASCADERO, hereinafter referred to as "City", and URS, Corporation, hereinafter referred to as"Consultant'. Witnesseth that for and in consideration of the mutual hereto agree as follows: covenants herein contained, the parties Article I—Authorization A. Consultant will perform the services under this Agreement upon receipt of the Notice to Proceed issued by the Director of Public Works. B. The following exhibits are attached hereto, and incorporated herein, by reference as though herein fully set forth. 1. Exhibit A, Scope of Work 2. Exhibit B, Proposal Requirements Article 2-Resnonc!a ilities of Consultant A. Consultant shall,provide all activities and documentation requirements as described herein and outlined on Exhibit A. B. In the performance of Consultant's service under this Agreement, Consultant agrees that he will maintain such coordination with City officials, as may be requested and desirable, including primary coordination with the Director of Public Works. Article 3 —Responsibilities of City City will cooperate with Consultant on all phases of the services covered by this Agreement and will make available to him, as his needs indicate, all existing maps, topographic maps, aerial photographs, studies,and other similar data in possession of City. Article 4—Fee and Provision for Payment A. City will pay consultant a not to exceed fee for the services contracted under this Agreement. This not to exceed fee shall include all expenses including any customarily identified as "reimbursable • expenses". 42 • ITEM NUMBER: A-6 DATE: 06/08/04 B. Consultant shall submit monthly progress reports to City indicating the state-of-completion of each task specified in Exhibit A. C. Consultant shall be paid no later that thirty (30) days following approval of Consultant's progress report and invoice: Article 5 —.Payment for Extra Services or Charges Any claim for payment for extra services or changes in the services will be paid by City only upon certification by the Director of Public Works that the claimed extra service or change was authorized in advance by the Director of Public Works, and that the service has been satisfactorily completed. Invoices for extra services which are approved by the Director of Public Works must be submitted by Consultant within thirty (30) days of completion of such services and must be accompanied by a statement of itemized costs covering said services. Article 6—Suspension or Termination of Agreement A. If Consultant fails to comply with the conditions of the Agreement, City may, by written notice of the Director of Public Works, suspend the Agreement and withhold further • payments pending corrective action by Consultant or a decision to terminate the Agreement. After receipt of notice of suspension, consultant may not incur additional obligations of Agreement funds during the suspension unless specifically authorized by the Director of Public Works. B. Either party hereto shall have the right to terminate this Agreement upon giving ten (10) days written notice of such termination of this project in its entirety, notwithstanding any other fee provisions of this Agreement, based upon services accomplished by Consultant prior to notice of such termination. Consultant shall be entitled to the reasonable value of his services involved in the termination, as determined by City, upon a finding which shall be final and conclusive as to the amount of fee due and owing. Article 7—Time of Com letion Consultant agrees to diligently pursue the services under this Agreement and to complete the services within the deadlines indicated in the Request for Proposals and set forth by FEMA regulations. Article 8 —Conflicts of interest No member, officer, or employee of city, during his or his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. • Article 9—Ownershi of Data 43 ITEM NUMBER: A-6 DATE: 06/08/04 The ownership of all data collected for use by Consultant under this Agreement, together with working papers, drawings, and other materials necessary for a complete understanding of the plans and necessary for the practical use of the plans shall be vested in City. Ownership of original drawings and documents shall be vested in city. Consultant may retain a copy of all work for his own use. Article 10—Covenant Against Contingent Fees Consultant warrants that he has not employed or retained any company or person,other that a bona fide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on the resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover the full amount of such fee,commission,percentage fee, gift;or contingency. Article 11 —Contract Personnel The services to be performed pursuant to this Agreement shall be done by Brown and Caldwell • and such other personnel in the employ or under the supervision of Consultant who shall be approved by City. The city official who shall be 'vested with the right of approval of such additional personnel or outside contracting parties shall be the Director of Public Works. The City reserves the right to reject any of Consultant's personnel or proposed outside consultants, and City reserves the right to request that acceptable replacement personnel be assigned to the project. Article 12—Indemnity Clause Consultant shall defend, indemnify, and save harmless the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, and liabilities arising out of this Agreement or occasioned by the negligent performance or attempted negligent performance of the provisionshereof, including, but not limited to, any negligent actor omission to act on the part of Consultant or his agents or employees or independent contractors directly responsible to him, except that the above shall not apply to the sole negligence or willful misconduct of City or City's agents, servants, or independent contractors who are directly responsible to city, this indemnification provision shall apply even if there is noncurrent or joint negligence of indemnitor and indemnitee, and even if there is active or passive negligence by either or both parties. Article 13 -Insurance A. Errors and Omissions Insurance. Consultant shall obtain and maintain, at his own expense, • prior to commencement of the work of this Agreement, professional liability (errors and 44 • ITEM NUMBER: A- 6 DATE: 06/08/04 omissions) insurance, in a company authorized to issue such insurance in the State of California, with limits of liability of not less than one million dollars ($1;000,000) to cover all professional services rendered pursuant to this Agreement. Such insurance shall be kept in force for one (1) year beyond the date of acceptance of final study report. B. Automobile and Public Liability Insurance. Consultant shall also maintain in full force and effect for the duration of this.Agreement, automobile insurance and public liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom,and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of insurance shall be not less than the following: Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination thereof in an amount not less than One Million Dollars ($1,000000). The following endorsements must be attached to the policy or policies: I. If the insurance policy covers on an "accident" basis, it must be changed to • "occurrence". 2. The policy must cover personal injury as well as bodily injury. 3. Broad form property damage liability must be afforded. 4. The City of Atascadero, its officers, employees, and agents, shall be named as insured under the policy, and the policy shall stipulate that the insurance will operate as primary insurance and that not other insurance effected by City will be called upon to contribute to a loss hereunder. 5. The policy shall contain contractual liability, either on a blanket basis or by identifying this Agreement within a contractual liability, either on a blanket basis or by identifying this Agreement within a contractual liability endorsement. 6. The policy shall contain "cross-liability" such that each insured in covered as if separate policies had been issued to each insured. 7. City shall be given thirty (30) days notice prior to cancellation or reduction in coverage of the insurance. C. Workers Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for workers compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any services under this Agreement. D. Certificates .of Insurance. Consultant shall submit to the Director of Public Works all certificates of insurance evidencing that consultant has the insurance required by this Agreement within ten(10) days after receipt of Notice of Award. Said certificates shall state • the project number and that the policy shall not be assigned, cancelled, or reduced in coverage without thirty (30) days written notice to city, and that such insurance not relieve 45 ITEM NUMBER: A- 6 • DATE: 06/08/04 or decrease the extent to which consultant may be held responsible for payment of damages resulting from any service or operation performed pursuant to his Agreement. Consultant shall not perform any services under this Agreement until the required insurance certificates have been submitted to City and approved by these provisions, or fail or refuses to furnish. city required proof that insurance has been procured and is in force and paid for, City shall have the right, at its discretion, to forthwith terminate this Agreement. Article 14 Status Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of his personnel or subcontractors be construed to be employees of City. Article15—Non-Discrimination Consultant shall comply with the provisions of Presidential Executive order No. 11246 of September 24, 1965, and all other orders, regulations, and laws governing non-discrimination in employment, including in particular, Section 122(a) of the State and Local Fiscal Assistance Act of'1972. Article 16—Modification of Agreement • This Agreement may be modified only by a written amendment signed by both parties hereto. Article 17-Law Governin This agreement shall be governed by the laws of the State of California. Article 18 Communications Communications between the parties to this Agreement may be sent to the following addresses: City: CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attn: Steven B. Kahn,Director of Public Works Consultant: USR Corporation 1333 Broadway,Suite 800 Oakland, California 94615 ATTN: Brain Sands,AICP 46 ITEM NUMBER: A-6 DATE: 06/08/04 ACCEPTED AND AGREED this the day of 20_ CITY; CITY OF ATASCADERO A municipal corporation By By Wade G. McKinney,City Manager Consultant ATTEST: By Marcia McClure Torgerson, City Clerk Title APPROVED AS TO FORM: • BY Roy A. Hanley, City Attorney APPROVED AS TO CONTENT: By Steven B. Kahn, Director of Public Works • 47 ITEM NUMBER: A-6 DATE: 06/08/04 EXHIBIT A SCOPE OF WORK Consultant shall possess a thorough understanding of the planning process, deadlines and requirements of LHMP and be able to complete the process through to approval prior to the November 1, 2004 deadline. Requirements are set forth in The Rule and include: 1. Adoption by Governing Body 2. Planning Process a. Community involvement b. Documentation of the Planning Process a. Local Capability Assessment 3. Risk Assessment a. Identifying Hazards b. Profiling Hazard Events • c. Assessing Vulnerability: Overview d. .Assessing Vulnerability: Identifying Assets e. Assessing Vulnerability:Estimating Potential Losses f. Assessing Vulnerability: Analyzing Development Trends g. Multi:jurisdictional Risk Assessment h: 4. Mitigation Strategy a. Local Hazard Mitigation Measures: i. Identifying mitigation measures currently in place ii. Identifying additional mitigation measures b. Implementation of Mitigation Measures c. Multi jurisdictional Mitigation Strategy • 48 ITEM NUMBER: A-6 DATE: 06/08/04 EXHIBIT B PROPOSAL REQUIREMENTS At a minimum,the following information must be included in your Proposal: 1. Transmittal Letter: include name and email address of the designated Project Manager with a brief statement about project understanding and relevant experience. 2. Qualifications; focus on recent experience(by proposed team members) pertinent to the project. 3. Work Approach; include overall approach and detailed work scope by task with list of deliverables. • 4. Project Schedule by task; show key milestones, product delivery, proposed travel and public meeting attendance. S. Team Composition; define respective roles of team members. 6. Time availability; state projected percent of time available by Project Manager and key task leaders 7. Work Budget; itemize costs by task(Labor Hours and Other Direct Expenses) 8. Professional References to include names of similar projects, dates of completion, budgets, and current contact information for each reference. Professional references shall also be provided for any subcontractor proposed. 49 ITEM NUMBER: A-7 DATE: 06/08/04 'A 11 A i q CMW iais , ie e Atascadero City Council Staff Report -Administrative Services Department Delegation of Authority to Make Disability Determinations for PERS RECOMMENDATION: Council adopt draft Resolution authorizing and approving delegation of authorit for disability determinations. Y DISCUSSION: Before CalPERS can act on any member employee's application for disability retirement, a "Duly Authorized Official" from the City must make several determinations. These determinations include such items as whether the member is substantially incapacitated for the performance of work duties, whether the disability is considered "industrial", what was :the last day of compensation, when did the member become a member, is there third party liability and other determinations required by PERS for processing the application. This resolution designates the City Manager as the City's "Duly Authorized Official" and allows him to make the determinations required by PERS for a disability retirement. FISCAL IMPACT: None ALTERNATIVES: 1- Council appoint another person as the "Duly Authorized Official" 2. The City Council as a whole can also be the "Duly Authorized Official", however this is not recommended due to HIPPA concerns and the medical nature of several of the determinations. ATTACHMENT: Draft Resolution 50 ITEM NUMBER: A-7 DATE: 06/08/04 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THECITY OF ATASCADERO, CALIFORNIA, TO AUTHORIZE AND APPROVE DELEGATION OF AUTHORITY.FOR DISABILITY DETERMINATIONS WHEREAS, the City of Atascadero (hereinafter referred to as Agency) is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he is classified as a local safety member is disabled for purposes of the Public Employee's Retirement Law and whether such disability is "industrial" within the meaning of such Law; and WHEREAS, the City Council of the City of Atascadero has determined upon legal advice that it may delegate authority under section 21173 of the Government Code to make such determinations to the incumbent of the position of City Manager. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero SECTION 1.That the City Council of the City of Atascadero delegate and it does hereby delegate to the incumbent of the position of City Manager authority to make determinations under section 21152(c), Government Code, on behalf of the Agency, of disability and whether such disability is industrial and to certify such determinations and all other necessary information to the Public Employees' Retirement System. SECTION 2. That such incumbent be and he/she is authorized to make applications on behalf of the Agency for disability retirement of all employees to initiate requests for reinstatement of such employees who are retired for disability. On motion by Council Member and seconded by Council Member ,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES. NOES ABSENT: 51 ITEMNUMBER: A-7 DATE: 06/08/04 ADOPTED: as CITY OF ATASCADERO By: ATTEST: Dr. George Luna,Mayor Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A.Hanley,City Attorney 52 ITEM NUMBER: B-1 DATE: 06/08/04 a�s e s Atascadero City Council Staff Report- Community Development Department APPEAL 2004-0003- APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 2003-0106 EOC OVERNIGHT SHELTER RECOMMENDATION: Council adopt draft Resolution A thereby denying the appeal and upholding the Planning Commission's decision and approving a conditional use permit to establish an overnight shelter in the Residential Suburban zoning district subject to findings and conditions. REPORT-IN-BRIEF: The proposed project is a request for a Conditional Use Permit to establish a thirty-two bed (32) overnight shelter on property located at 965 EI Camino Real. The site is just north of the Santa Cruz Road intersection and south of the Home Depot commercial site. The project also includes incorporation of the existing uses on site into a Master Plan of Development. The overnight shelter is defined as a Residential Care Facility, which is a conditionally allowed use in the RS Zone. On April 20, 2004, the Planning Commission approved Conditional Use Permit 2003- 0106 for the project on a 7-0 vote (refer to Attachments C and E, Planning Commission staff report and minutes). Then on May 4, 2004, the Community Development Department received an appeal of the Planning Commission's decision. The appellant position is that the Planning Commission should not have made the required findings of approval required to approve a conditional use permit. The points of the appeal are discussed in the analysis section of this report (refer to Attachment A). 1. Appellant: Monica Firchow, 4605 Santa Cruz Road, Atascadero 2. Applicant: Economic Opportunity Commission, Steve McGrath 1030 Southwood Dr., San Luis Obispo, CA 93401 53 ITEM NUMBER: B-1 DATE: 06/08/04 Phone: 544-4355 3. ProAddress:..... Project 965 EI Camino Real, Atascadero, CA 93422 (APN 049-041'-010) 4. ' General Plan Designation: Suburban Estate (SE) -5. Zoning District: Residential Suburban (RS) 6. Existing Use: Headstart Preschool and supporting facilities 7. Environmental Status: Categorical Exemption CEQA section 15303 Class 3(c). DISCUSSION: Background: The project site is approximately three acres in size and is located south of and adjacent to the commercially zoned Home Depot property. South of the site is a multi- family land use area. The Residential Suburban Zoning district extends to the east of the property. Currently, there are five (5) buildings on the site. The Head Start Preschool program uses two (2) of the buildings for schoolrooms and two (2) buildings for storage. There is one (1) existing residence onsite that is used as a rental and informally acts as a caretaker's unit. Preschools, caretaker units and residential care facilities are conditionally allowed as accessory uses in the residential suburban zoning district. The current uses onsite have been in place for the past 25 to 30 years, starting sometime between 1974 and 1979 prior to City incorporation. This Conditional Use Permit incorporates all of the existing and proposed uses into a single Master Plan of Development. Changes to any structures or uses on the site would be subject to the approval of an amendment to this Conditional Use Permit. Neighborhood Meetings The Economic Opportunity Commission (EOC) held three public workshops to elicit input from neighbors and other local stakeholders. The meetings were held over a year ago as part of the project's pre-application process. Although neighborhood support for the project was never gained, many of the neighborhood's concerns regarding location and site design were incorporated into the project. Application Submittal EOC formally submitted an application for the project on July 9, 2003. The project was determined to be categorically exempt from the California Environmental Quality Act 54 ITEM NUMBER: B-1 DATE: 06/08/04 and was scheduled for hearing on April 20, 2004. The Planning Commission reviewed is the staff report and took both written and oral comments from the public prior to acting to approve the project. Anal sis: Summary of Appeal An application for appeal was submitted on May 4, 2004 by Monica Firchow, a resident of Santa Cruz Road. The appeal package consists of a cover letter, a statement disputing the Planning-Commission findings, letters and signatures in support of the appeal, a statement disputing the contents of the EHAP grant application, newspaper articles, a State of California report of homeless issues and various correspondence and additional supporting documentation. The entire appeal application as received by staff is - included as Attachment A. Staff has reviewed the appeal pp package and developed responses to the questions regarding the findingsof approval and the EHAP grant application. The EOC was provided a copy of the appeal package and has prepared their own response to the appeal. The EOC response is included as Attachment B. Staff Reponses to Appeal Issues The Conditional Use Permit process provides the Planning Commissiontheability to review and condition land use proposals, including architectural design, site design, • intensity of use, landscape, and specific standards of the Zoning Ordinance. There are five findings of approval that the Planning Commission is required to make for the approval of a Conditional Use Permit. The appellant states that findings 1, .2, 3 and 4 were made in error. Required Conditional Use Permit Findings 1. The proposed use is consistent with the General Plan. 3. The proposed use satisfies all applicable provisions of the Zoning Ordinance. 4. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity of the use. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. • 5. The proposed use will not generate a volume of traffic beyond the 55 ITEM NUMBER: B-1 DATE: 06/08/04 safe capacity of all roads providing access to the project, either existing or to be improved in:conjunction with the.project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. The project was conditioned by staff,including the Police Department to strictly regulate nighttime activities and prohibit daytime use of the shelter. Based on the conditions, the Planning Commission determined that it could make all of the required findings, including the finding of "neighborhood compatibility" subject to the rigorous enforcement of all the conditions of approval. 1. The proposed use is consistent with the General Plan. Summary of Appellant Comment: Finding 1 cannot be made because: a. The shelter is a multi-family use, inconsistent with the Residential Suburban zoning designation and the neighboring commercial park property. b. HOS 6 is meant to provide "long-term affordable housing, not homeless shelters. The City has not been providing affordable housing. C. An Emergency Homeless Shelter is contrary to the ultimate goal of the Housing Element because it provides temporary homes, not permanent homes. The motel voucher program better fills the needs of the homeless because it does not leave "clients" without bathrooms, and showers or on the streets at closing time. The shelter program will be a greater expense to the City.than the motel-voucher program. Staff Comment: a. The proposed project is not a-multi-family project. Multi-family is defined by the General Plan as "three or more dwelling units on a single site." The proposed project is a single facility that meets the criteria of a Residential Care use. Residential Care uses are a conditionally allowed use within the Residential Suburban Zoning District. b. The project is consistent with the goals of the Housing Element as shown below, specifically Goal HOS 6 and Policies HOS 6.1.3, 6.1.4, and 6.1.5. Goal HOS 6 states that the City will improve housing opportunities and living conditions for people with special needs. The State requires all cities to:address housing for special needs populations. This is an issue that is broader than the issue of affordable housing, which is also addressed by the General Plan. Goal 6.1.3 specifically refers to the need • 56 ITEM NUMBER: B-1 DATE: 06/08/04 to cooperate with non-profit housing and social service agencies to • provide housing opportunities for special needs groups, including the homeless. C. The intent of the Housing Element is to provide programs to meet the housing needs of all City residents. The EOC program will provide services to clients to help them obtain permanent housing that meets their needs. The project, although different than the Motel Voucher program is intended to serve the same population and fill the same need. Cflyv Getet d Pleat Houft,Element Goal hnpro re housing opportunities an living conditions ior people with low and moderate incomes and those with speeW nem" Policy SA: Ensure that all Persons regardless of racereligior4 age,sic,awrital status, ratumstrry,national origin,tw cora have equal acsto sound and alfordable housing. • Pragranw I. Maintain zoning Standards for use permits, rm plaed developments,and residential, a weeny uses to allay housing far special groups,such as seniors and disabled mon. Responsible Agency: Community Development Department Timsframs: ongoing Qu. d objective:, WA 2. Develop a program of incenwas including density bonuses and reduced devaiopment standard for senior housing projects. Responsible Agency: Community Development Department Timeframe: ongoing 1*MW_A 114 3. Cooperate with non-prolft housing arw social service.agencies and pursue Grants for providing housing opportunities for special needs groups,such as the homeless and 68ttered women. Responsible Agency: Community Development Department Timeftame: 2004 Ouanfilied objective: NIA 4. cooperate with no"rofit groups and local religious n nizations to allow the temporary use of churches as homeless shelters. Responsible Agency: Community Develop t artrme t Timaframe: ongoing Quaratirmd Objective: WA 5. continue to support Inca]Motel Voucher programs for temporaril displaced persons. Responsible Agency: Community Development.Dep Timeframe: ongoing Ouantifted Obiectiue: WA 57 ITEM NUMBER: B-1 DATE: 06/08/04 2. The proposed use satisfies all applicable provisions of .the Zoning • Ordinance. Summary of Appellant Comment. Finding 2 cannot be made because: a. The use is inconsistent with the proposed site and surrounding properties. An overnight shelter does not fit the State of California criteria for Residential Care. b. Over concentration of facilities in the area. New facilities must be 300 feet from existing facilities. Congregate living facilities must be 1,000 feet or more from other existing facilities. C. The Head Start Preschool is a community service and therefore inconsistent with this code. d. The caretaker home is not allowed unless it is for personal use of the homeowner. Staff Comment: a. Residential Care is a use defined by the City of Atascadero's zoning ordinance and is not related to any definitions that the State of California may have. Under the zoning ordinance Residential Care is conditionally allowed in the Residential Suburban district. The zoning ordinance definition of • residential care is as follows: "Establishments primarily engaged in the provision of residential social and -personal care for children, the aged, and special categories of persons with some limits of ability for self-care, including mental and physical limitations, but where medical -care is not-a-ma jor element. Includes: board and care facilities; children's homes; halfway houses;rehabilitation centers; self-help group homes." b. Section 1267.9 of the California Health and Safety Code does not appear to directly relate to the City's approval of the proposed shelter use. This section applies to State licensingof Health-Facilities which does not include the proposed over night shelter. In addition, Section 1267.9 does state that the "...director[State agency director]may approve a separation distance of less than 300 feet or 1,000 feet, whichever is applicable, with the approval of the city or county in which the proposed facility will be located." c. See b. above. d. Caretaker units are conditionally allowed in the Residential'Suburban zoning district under section 9-3.143(o). Section 9-6.104 allows caretakers units under the following: "..,type of Use Requiring a Caretaker. The principal use of the site must require a caretaker for security purposes, or for care of people, plants, animals, equipment, or other conditions on the site or for needed housing for the owner or operator of a business." • 58 ITEM NUMBER: B-1 DATE: 06/08/04 • 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity of the use. Appellant Comment. Finding 3 cannot be made because: a. During the public hearing, conditions of approval were removed or modified. b. The homeowners on Santa Cruz Road believe their health, safety and welfare will be compromised. C. The project will be detrimental to surrounding property values. Staff Comment: a. Staff has worked closely with the City Police Department and EOC to identify any potential neighborhood conflicts that might arise. As conditioned with rigorous enforcement, the proposed overnight shelter should not be detrimental to the general public or working people's health, safety, or welfare. The project conditions require all clients must be kept within the building or the secure patio area upon arrival at the shelter site. Clients are not permitted onsite or within the neighborhood beyond the shelter's operating hours of 6:30 p.m. to 7:30 a.m. Clients will arrive at the site and be transported offsite subject to transportation plans that must be approved by the Police Chief. The requested revisions and modifications to the conditions of approval are as shown in Attachment C along with EOC's requested modifications that were presented to the Planning Commission. The Planning Commission carefully considered Finding 3 when modifying the conditions of approval and was satisfied that the changes did not compromise the findings. b. The project was thoroughly reviewed and conditioned by the City Police Department to ensure that the health, safety and welfare of the surrounding neighborhood as well as the overall community was not compromised by the project. The project contains 17 separate conditions of approval from the Police Department. Violation of any of the conditions of approval could result in the revocation of the Conditional Use Permit. • C. The project has been sited in a location on EI Camino Real and it is 59 ITEM NUMBER: B-1 DATE: 06/08/04 visually and physical separated from Santa Cruz Road. The architectural design, landscaping and <operations program have been designed to • eliminate impacts to the surrounding neighborhood. Information from EOC indicates that residential property values surrounding the San Luis Obispo shelter have not been negatively affected by the presence of a shelter. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Appellant Comment. Finding 4 cannot be made because: a. The proposed project is inconsistent with the character of the immediate neighborhood because Santa Cruz road is zoned Residential suburban with single family homes and an emergency shelter is multi-family living. b. The proposed use will be inconsistent with the immediate neighborhood. Staff Comment: a. As conditioned, the proposed use will not be inconsistent with the surrounding neighborhood. The preschool has been onsite for a number of years and is a part of the existing neighborhood. The overnight shelter has been designed to be architecturally compatible with the single-family neighborhood and conditioned to fit within the context of the single-family • use. All access is limited to EI Camino Real and as conditioned, the project would not impede on the residential areas of Santa Cruz Road. b. The project site is located on the fringe of the Residential Suburban land use district with access off a major arterial street, with frontage on US 101. The site has a large commercial site to the north and high-density multi-family to the south. The historic use of the site has included schools and public service type uses. Based on these factors the site has been described as a transitional area that appears suited for the project. EHAP Application: The appellant raised a number of questions about EOC's EHAP Grant application inconsistencies with the Conditional Use Permit. Staff used the EHAP as a resource in preparing the project conditions. In certain cases where staff was concerned that the project was too intensive for the site, conditions were prepared to limit the use. Legally, the Conditional Use Permit will regulate all uses and programs on the site. It is staff's understanding that EOC intends to revise the EHAP application to be consistent with the CUP. Conclusion: The proposed Overnight Shelter is consistent with the goals and policies of the City's General Plan Housing Element. The project has been conditioned to integrate appropriately within the context of the surrounding uses and meets all site development • 60 ITEM NUMBER: B-1 DATE: 06/08/04 and appearance _review requirements of the zoning ordinance. As conditioned, the • proposed use should not have a negative impact on the surrounding neighborhood. FISCAL IMPACT: The project has been conditioned to minimize any potential financial impact on the City. If significant increases in calls for emergency services were to occur, this would result in a negative fiscal impact to the City. The conditions of approval require EOC to minimize calls for services with client screening, staff training and support agreements with County agencies. ALTERNATIVES: 1. The City Council may add to or modify project conditions for the Conditional Use Permit. However changes to the proposed conditions of approval could alter the project and prevent the Council from making the required findings. 2. The City Council may deny the proposed Conditional Use Permit. If the Council denies the project it must be based on the.inability to make one of the five required findings. The motion must include the finding for denial to be • legally valid. 3. The City Council may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. ATTACHMENTS: Attachment A: Appeal Package Attachment B EOC Response to Appeal Attachment C Planning Commission Staff Report Attachment D EOC Request to Modify Conditions of Approval Attachment E Pertinent Draft Minutes of Planning Commission Meeting of April 20, 2004 Attachment F Draft Resolution A: Council Resolution of Denying Appeal (includes Planning Commission's conditions of Approval) • 61 ITEM NUMBER: B-1 DATE: 06/08/04 ATTACHMENT A: Appeal Package ON FILE IN THE CITY CLERK'S OFFICE 62 ITEM NUMBER: B-1 DATE: 06/08/04 ATTACHMENT B: EOC Response Appeal ON FILE IN THE CITY CLERK'S OFFICE 63 ITEM NUMBER: B-1 DATE: 06/08/04 ATTACHMENT C: Planning Commission Staff 'Report 4/20/04 Atascadero Planning Commission Staff Report- Community Development Department CUP 2003-0106 EconomicOpportunity Commission Overnight Shelter 965 EI Camino Real RECOMMENDATION: Overnight`shelters have the potential to create neighborhood incompatibilities if not well managed. The project has been conditioned by staff, including the Police Department to strictly regulate nighttime activities and prohibit daytime use of the shelter. Based on the conditions, it appears that all of the required findings of approval can be made by the Planning Commission for a conditional use permit, including the finding of "neighborhood compatibility." Based on the findings, staff is cautiously recommending approval of the project subject to the rigorous enforcement of all the conditions of approval. However, changes to the proposed conditions of approval could alter the project and staff would then withdraw its recommendation. The Planning Commission adopt Resolution No. PC 2004-0043 approving Conditional Use Permit 2003-0106 establishing an Overnight Shelter and allowing for the deferred removal of one, 56-inch dbh Live Oak tree subject to the findings, conditions and exhibits as attached to the resolution. REPORT-IN-BRIEF: The proposed project is a request for a Conditional Use Permit to establish a thirty-two bed (32) Overnight Shelter on property located at 965 El Camino Real. The project also includes incorporation of the existing uses on site into a Master Plan of Development. The overnight shelter is defined as a Residential Care Facility, which is a conditionally allowed use in the RS Zone. 64 ITEM NUMBER: B-1 DATE: 06/08/04 The project site is currently developed with two (2) buildings that are used for the Economic Opportunity Commission's Head Start Preschool program; one (1) existing residence that functions as an informal caretaker's unit; and two (2) small storage sheds. SITUATION AND FACTS: 1. Applicant: Economic Opportunity Commission, Steve McGrath 1030 Southwood Dr., San Luis Obispo, CA 93401 Phone: 544-4355 2. Project Address: 965 EI Camino Real, Atascadero, CA 93422 (APN 049-041-010) 3. General Plan Designation: Suburban Estate (SE) 4. Zoning District: Residential Suburban(RS) 5. Existing Use: Headstart Preschool and supporting facilities 6. Environmental Status: Categorical Exemption CEQA section 15303 Class 3(c); • 65 ITEM NUMBER: B-1 DATE: 06/08/04 � ���• Home Depot Commercial Center Hwy 101 � r CPK}P a EI Camino Real „. i nap Lip x� Project Site i RMF -16 Graves Creek Santa Cruz Road 66 ITEM NUMBER: B-1 DATE: 06/08/04 DISCUSSION: - is Background: The project site is approximately 3 acres in size and is located south of and adjacent to the commercially zoned Home Depot property. The Residential Suburban Zoning district extends to the west, east and south of the property. Currently, there are five (5) buildings on the site. The Head Start Preschool program uses two (2) of the buildings for schoolrooms and two (2) buildings for storage. There is one (1) existing residence onsite that is used as a rental and informally acts as a caretaker's unit. Preschools, caretaker units and residential care facilities are conditionally allowed uses as accessory uses in the residential suburban zoning district. Staff has been unable to verify a previously approved conditional use permit for the existing uses onsite. However, the uses have been in place for the past 25 to 30 years, starting sometime between 1974 and 1979 prior to City incorporation. This Conditional Use Permit would incorporate all of the existing and proposed uses into a single Master Plan of Development. Changes to any structures or uses on the site would be subject to the approval of an amendment to this Conditional Use Permit. Neighborhood Meetings The Economic Opportunity pp y Commission (EOC) held three public workshops to elicit input from neighbors and other local stakeholders. The meetings were held over a year ago as part of the project's pre-application process. Although neighborhood support for the project was never gained, many of the neighborhoods concerns regarding location and site design were incorporated into the project. Analysis: Residential Care Facility(Overnight Shelter) The proposed project is a residential care facility to be operated as an overnight shelter service for homeless families and individuals. The shelter will operate seven nights a week, year round, from 6:00 p.m. until 7:30 a.m. (Condition 7). Shelter staff will be onsite from 4:15 p.m. to 7:45 a.m. The facility will be 37200 +/- square feet with 32 beds, a common area and an outdoor patio area. Daytime use of shelter or use of the building for client screening or serving dinner is not permitted under the Conditional Use Permit. Neighborhood Compatibility The EOC has provided a copy of the proposed shelter rules, violations and consequences for violations for review (refer to Attachment 2 and 3). These rules are • subject to review and approval by the Police Department. 67 ITEM NUMBER: B-1 DATE: 06/08/04 Staff has worked closely with the City Police Department to develop conditions of approval for the project to ensure neighborhood compatibility. Staff is concerned that the project has the potential to become a nuisance if it is not rigorously conditioned and managed. The following is a summary of the Police Department's conditions of approval: • Police Department approval of all rules, policies, and procedures for screening clients. • Shelter clients are to be screened offsite. • Restriction on hours of operation for shelter and preschool. • Restriction of'Walk in"clients. • Restriction of onsite parking. • Restriction of clients in neighborhood during non-shelter hours. • Security provisions for common areas of the shelter. • Restriction of outdoor use times. • Restriction of outdoor access. No daytime use of site by clients. • Transportation of all clients off site to appropriate daytime locations. • Strict enforcement of loitering conditions in the neighborhood, commercial area and river. r^ INDEX Preschool . Proposed Shelter and a r ,— New Development Area i E' E E1fi9/RilfiNfpIGNB- it Play Yard jV i y Parking-7 Spaces It 1j./ F. x ;,f , ; ;1 sr Existing Residence , ,r ? • : �' � f r ' f ,ffil, Parking-5 Spaces Parking-5 Spaces ! r tf ff i ij Preschool 7 a 1 Play Yard rE . ' �- EOC Property Site Plan may naa"rrx oxOur ' Sitel�an' �. ., .ri -.. oT,�eocs «aasiq3 2' (; ITEM NUMBER: B-1 DATE: 06/08/04 Clients of the shelter will be required to attend an offsite dinner program for prescreening and preadmission to the shelter. There will be no onsite screening or admission of clients. Clients without personal transportation will be taken to the shelter by a .shelter vehicle. Clients with personal transportation will "convoy' behind the shelter vehicle to the shelter site (see Conditions 31 and 32). Clients who have made prior arrangements to check in late will be required to meet a shelter worker at the dinner site and be escorted to the shelter. All late arrivals must be at the shelter by 10:00 P.M. Clients of the shelter are not allowed on the grounds or in the shelter neighborhood during non-shelter hours. Persons not authorized to be onsite will be considered trespassers and the proper authorities will be notified (Condition 33). Neighborhood Advisory Group The EOC Homeless Services has a Homeless Advisory Committee in San Luis Obispo that meets monthly. The committee includes two liaisons from EOC's 15-member Board of Commissioners, as well as members of the public. Staff's research indicates that many of the "nuisance type problems associated with other shelters in the County were greatly reduced when the Committee began meeting monthly to address neighborhood and public agency concerns. Staff is recommending the project be conditioned to establish a Neighborhood Advisory Group (Condition 11) to act as a liaison between the Shelter and the neighborhood. EOC will be responsible for the organization and management of the Group and will provide the City with summaries of all meetings and neighborhood issues. Failure of the Group to resolve neighborhood issues may trigger Planning 'Commission reconsideration of the Conditional Use Permit. Proposed Design The shelter is proposed as a 32-bed facility in a 3,272 square foot building. Sleeping areas are designed as dormitory spaces, with moveable partitions for family areas. Showers, kitchen and laundry facilities will also be provided. According to EOC's conditions of approval the kitchen is not intended to be used to serve dinner, which is conditioned to occur off-site (Condition 7). 69 ITEM NUMBER: B-1 DATE: 06/08/04 Men's Restrooms/Showers women's Restrooms/Showers Women's Sleeping Area k 7 pp. t ' Laundry Kitchen Office a t ' Porch Men's Sleepi=Area Family Sleeping Area TRJILAN .. Shelter Floor Plan ,�r�.,...� The proposed architecture is a one-story Craftsman bungalow style with a covered front porch, clerestory windows, wood siding and dormersoversome of the windows. Colors are proposed as browns and greens with white trim and a black roof. Elevations and color boards are attached to the draft Resolution. SITE DESIGN The proposed new construction will be located in the northeast corner of the property, bordered by the Home Depot parking lot to the north and a single-family residence to the east. Residential care facilities (overnight shelters) must have a minimum site area of 20,000 square feet, all children's play areas are to be fenced and parking is based on zoning ordinance requirements. Access to the site will be along the main driveway fronting on El Camino Real. The applicants have provided a site distance traffic report, prepared by Associated Traffic Engineers, dated October 7, 2003. The report recommends that the retaining wall along the portion of the property to the south of the driveway be lowered by two (2) brick rows and a small area of the dirt hill cut back to provide adequate site distance to the south of the driveway. The project has been conditioned accordingly (Condition 49). i 70 ITEM NUMBER: B-1 DATE: 06/08/04 • Area to be cut back Wall area to be lowered Retaining wall along the southern property frontage • There are ten (10) native trees (shown on the site map, attached) within the construction site area and proposed improved access way. A Tree Protection Report, prepared by Carolyn B. Leach, dated August 8, 2003 has been submitted for review. The arborist recommends removal of Tree 9, as it is highly hazardous based on a major trunk cavity that encompasses 80% of the interior trunk wood. Tree 9 is a coastal live oak, approximately 56 inches in diameter. The tree is not within the construction area and provides screening of the residential property to the east of the project area. Staff is recommending the deferred removal of the Tree 9, allowing three new native trees to be planted and to become established (2-3 years) prior to removal of Tree 9 in order to continue to provide screening from the residence to the east. The Tree Preservation Report also provides mitigation measures for the other trees. These mitigation measures have been added to the conditions of approval for the project (Conditions 12 and 13). • 71 ITEM NUMBER: B-1 DATE: 06/08/04 Tree Cavity e Broken Top Branch Tree 9 Existing Preschool and Residence The preschool and residence are existing uses on the site. This CUP incorporates the existing facilities into an overall master plan of development for the site. The preschool is divided into two buildings of 1,554 and 1,906 square feet with 7,150 and 1,730 square foot play yards, respectively. The two preschool areas total approximately 42,000 square feetwith incorporation of parking and open space areas. Play yards are fenced and the facilities share a 'total of 17 parking spaces. As conditioned, the preschool will operate from 7:30 a.m. to 5:30 p.m., Monday through Friday (Condition 6). In order to bring the residence into conformance with the Zoning Ordinance, the project has been conditioned to provide a caretaker's agreement for the continued use of the residence (Condition 10). Caretaker facilities require that the resident be the owner, lessor, or an employee of the owner and the principal use on the site. General Plan Consistency The proposed project is consistent with the General Plan's Housing Element Goal HOS 6 to improve housing opportunities and living conditions for people with low and moderate incomes and those with special needs and to ensure that all people have equal access to sound and affordable housing. General Plan Policy HOS 6.1.3, 6.1.4, and 6.1.5. directly address the issue of homeless and displaced persons. Currently, the City participates in local efforts to assist the homeless and those in need of temporary shelter by supporting the ECHO program with CBDG funds. Establishment of the overnight shelter would further implement Housing Element Goal 6. 72 ITEM NUMBER: B-1 DATE: 06/08/04 • Cify o(Arr General Plan Homing Element G HSS fi: Improve housing opportunities and living condi.tian for people-with low and moderate incomes and those With spial needs. Policy 6.1: Ensure that ail persons regardless of race,j*ljgioqr4 age,say,rrMrital Vitus, gricesiry, national origin,or rotor have equal access to sound and aftnJable housing. Prograrms 1. Main n zoning standards for use permits,planned developments,and residential accessory uses to billow housing for special groups,such as saniors and disabled person. Responsible Agency: Community Development Department Timeframe: Ongoing Querriiifred Objective: I+OA 2. Develop a program of incentives including density bonuses and reduced development Standards for senior housing projects. • Responsible Agency: Community Development Department Timeframe: Ou i d Objective: Ongoing 3. C00per8te with"rok horsing and social service agencies and pursue grants for providing housing)opportunities for special nem groups,such as Me homeless and battered wornem Responsible Agency: Community Development:Department Timeframe. 20134 Ouanfifitid Objective: W 4. Cooperate with non-profit groups and local,religious organkationg to allows the temporary use at gores ars homeless shaers. Responsibie Agency: Community Development.Department Timeframe: Ongoing Ouantif'ed Dbjecti : WA 5. Continue to support ion lel Voucher programs for t porardy displaced pons_ Responsible Agency: Community.Development Depwtuent Timeframe: Ongoing Ouanlifed Objective: WA 73 ITEM NUMBER: B-1 DATE: 06/08/04 Environmental Determination • The project has been determined to qualify for a Class 3c Categorical Exemption under the provisions of the California Environmental Quality Act (CEQA section 15303; Class 3; new construction under 10,000 square feet). Conditional Use Permit Findings The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review land use proposals, including architectural design, site design, landscape, and specific standards of the Zoning Ordinance. There are five findings of approval that the Planning Commission is required to make for the approval of a Conditional Use Permit and one finding for native tree removal. The project has been conditioned by staff, including the Police Department to strictly regulate nighttime activities and prohibit daytime use of the shelter. Based on the conditions, it appears that all of the required findings of approval can be made by the Planning Commission including the finding of "neighborhood compatibility" subject to the rigorous enforcement of all the conditions of approval. However, changes to the proposed conditions of approval could alter the project and prevent the Commission from making the required findings. 1. The proposed use is consistent with the General Plan. • Staff Comment: The use is consistent with the goals of the Housing Element as described in the analysis, specifically Goal.HOS 6 and Policies HOS 6.1.3, 6.1.4, and 6.1.5. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. Staff Comment: Residential Care Facilities are conditionally allowed uses in residential zones. As conditioned, the project satisfies all zoning code provisions. 5. The establishment, and subsequent operation or conduct.of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity of the use. Staff Comment: Staff has worked closely with the City Police Department and EOC to identify any potential neighborhood conflicts that might arise. As conditioned with rigorous enforcement, the proposed overnight shelter should not be detrimental to the general public or working people's health, safety, or welfare. 74 ITEM NUMBER: B-1 DATE: 06/08/04 • All clients must be kept within the building or the securepatio area upon arrival at the shelter site. Clients are not permitted onsite or within the neighborhood beyond the shelter's operating hours of 6:30 p.m. to 7:30 a.m. Clients must be transported to County Regional Transportation Centers upon the closing of the shelter in the mornings, 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Staff Comment: As conditioned, the proposed use is located in a transitional area between commercial and residential zoning districts. The preschools have been onsite for a number of years and are a part of the existing neighborhood. All access is limited to El Camino Real and as conditioned, the project would not impede on the residential areas of Santa Cruz Road. The proposed architectural style and landscaping will blend with the existing neighborhood. The project is conditioned so that the use will fit within typical residential use standards. 5. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved- in conjunction with the project, or beyond the normal traffic • volume of the surrounding neighborhood that would result from -full development in accordance with the Land Use Element. Staff Comment: The proposed building and use are consistent with the traffic projections and road improvements anticipated within the General Plan for EI Camino Real. As conditioned, the existing on-site parking and circulation meets the zoning ordinance requirements. In addition, a Site Distance Traffic Study was completed by Associated Transportation Engineers, dated October 7, 2003 for the project. All recommendations included in the study'are project conditions. 6. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. Staff Comment. The Arborist has submitted a tree preservation report that recommends removal of a 56-inch live oak because it is ,potentially hazardous (Tree No. 9 in the Tree Report). • 75 ITEM NUMBER: B-1 DATE: 06/08/04 CONCLUSION: The proposed overnight shelter is consistent with the goals and policies of the City's Housing Element of the General Plan. The project has been conditioned to integrate appropriately within the context of the surrounding uses and meets all site development and appearance review requirements of the zoning ordinance. ALTERNATIVES: 1: The Planning Commission may add to or modify project conditions for the proposed Conditional Use Permit and/or the tree removal request. However changes to the proposed conditions of approval could alter the project and prevent the Commission from making the required findings and change staff's recommendation. 2. The Planning Commission may deny the proposed Conditional Use Permit and/or the tree removal-request. If the Planning Commission denies the project it must be based on the inability to make one of the five required finding. The motion must include the finding for denial to be legally valid. 3. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. ATTACHMENTS: Attachment 1 - Site Plan and Tree Map Attachment 2 - Shelter Rules Attachment 3 - Shelter Violations and Consequences Attachment,4 - Applicant's Summary of Neighborhood Meetings Attachment 5 - Draft Resolution PC 2004-0043 76 ITEM NUMBER: B-1 DATE: 06/08/04 • Attachment 1: Site Plan&Tree Map CUP 2003-0106 s., � �I •,, �� '"' c,�•"��. 5 d'`S� 1. • I, 3 x a 4 k e !] w FI � �F:`�'�•q fix,:;�.�:Y �t � re��.,,. �'`• 4*w: \...._ II tv T\ 10 ULIj4 ONFA 1 Tree Preservation Report Identification Number 77 ITEM NUMBER: B-1 DATE: 06/08/04 Attachment 2: Proposed Shelter Rules CUP 2003-0106 EOC HOMELESS SERVICES NORTH COUNTY FAMILY SHELTER RULES OF CONDUCT The Family Shelter facility, grounds and neighborhood are governed by EOC's "good neighbor" policy. All persons coming on site are expected to abide by program rules and to comply with a zero tolerance for`violence and substance use or Possession. 1. No verbal abuse of staff,volunteers, or clients (intimidation, swearing, racial remarks, sexual remarks). 2. No antagonizing/disruptive behavior, and/or creating a negative environment. 3. No being under the influence of alcohol or drugs, or in possession of these items while on the property. 4. You must follow reasonable staff instructions. • 5. Parents must supervise their child(ren) at ALL times. 6. No smoking anywhere except designated smoking areas; no throwing cigarette butts on the ground. 7. No pets on the property. 8. You must take a shower when requested to do so. 9. No leaving after being admitted. 10. You must complete your assigned chore and have it signed off by staff or volunteer. 11 No failure to show after making arrangements for late arrival. 12. You must have pre-approval to arrive late. 13. You may not be in a dorm area, other than where you have an assigned bed, without staff permission. 14. No food/beverage in sleeping areas (capped,bottled waterOK). 15. No inappropriate, obscene or suggestive clothing; shirts and footwear are required. 16. You must follow shelter rules and the good neighbor procedures and policy. 17. No intimate/inappropriate sexual behavior or possessing sexually-explicit material of any kind. 18. No loitering or trespassing on overnight shelter property or in the neighborhood. 19. No acts of violence toward staff, volunteers, clients, or damaging of property. 20. You may not be at the Overnight Shelter site without prior authorization. 21. You must turn into staff any weapons, knives, sharps, mace, pepper spray, etc, to be secured. 22. No stealing. 23. You must submit to a search of self and belongings when requested. 78 ITEM NUMBER: B-1 DATE: 06/08/04 • Attachment 3: Proposed Shelter violations and Consequences CUP 2003-0106 EOC HOMELESS SERVICES NORTH COUNTY FAMILY SHELTER RULE VIOLATIONS AND CONSEQUENCES MINIMUM ONE NIGHT OUT(Shelter Only) (A "Written Warning Slip" will generally be given first, depending on the severity of the behavior.) 1. Verbal abuse of staff, volunteers, or clients (intimidation, swearing, racial remarks, sexual remarks) '2. Antagonizing/disruptive behavior, and/or creating a negative environment 3. Under the influence of alcohol or drugs - you must leave the property immediately 4. Failure to follow reasonable staff instructions 5. Parents not supervising their child (ren) at ALL times 6. Smoking anywhere except designated smoking areas, or throwing butts on the ground 7. Pets on the property 8. Failure to take a shower when requested to do so 9. Leaving after being admitted (Automatic Night Out) 10.Failure to show after making prior arrangements to be late (Automatic Night Out) 11. Failure to complete chore or have it signed off by staff or volunteer 12.Showing for a bed after 6:00 pm without prior arrangements-(Automatic Night Out) 13.In dorms where you do not have an assigned bed, without staff permission 14. Food/beverage in sleeping areas (capped bottled water OK) 15. Inappropriate, obscene or suggestive clothing, including no shirt or footwear 16. Failure to follow shelter and neighborhood parking guidelines, bikes as well 17. Failure to follow overflow guidelines MINIMUM 7 to 14 NIGHTS OUT(Shelter oniy) 18.Any multiple violations of Rules 1 -17 19. Intimate/inappropriate sexual behavior or possessing sexually explicit material of any kind 20. Possession of alcohol on property(Automatic 14 Nights Out) 21. Loitering/Trespassing at the dinner program or in the neighborhood before 4:30 pm or after 6:30pm or being at the Overnight Shelter site without abed 22. Failure to turn in weapons/knives/sharps, mace, pepper spray, etc MINIMUM 30 NIGHTS OUT(All Programs) (must schedule a Panel Appointment before returning) 23.Any multiple violations of Rules 1-17, or Rules 19-22 24. On property or within one fourth of a mile radius while suspended 25. Police called to assist with rule/consequence enforcement (1 st violation) MINIMUM 60 NIGHTS OUT(All Programs) (must schedule a Panel Appointment before returning) 79 ITEM NUMBER: B-1 DATE: 06/08/04 26. Any multiple violations of Rules 1-17 19-22, or 24 27. Verbal threats of violence toward staff, volunteers,or clients _28. Police called to assist with rule/consequence enforcement (2nd violation) MINIMUM 90 NIGHTS OUT(All Programs) (must schedule a Panel Appointment before returning) 29. Any multiple violations of Rules 1-17 19 22 24 or 27 30. Possession of drugs, drug paraphernalia on property(Police will be called for illegal drugs) 31. Refusal to be searched and/or have possessions searched 32. Police are called to assist with rule/consequence enforcement (3rd violation) MINIMUM 120 NIGHTS OUT TO A PERMANENT SUSPENSION All Programs) (must schedule a Panel Appointment before returning) 33. Anymultiple violation of Rules 1-17 19-22. 24 27or 30-32. 34. Domestic violence, physical violence toward staff, volunteers, or clients Permanent 35. Willful destruction of Shelter property(plus cost of damages) 36. Stealing 37. Possession of firearms (any type) on property Permanent An "ITEM NUMBER: B-1 DATE: 06/08/04 . Attachment 4: Applicant's Summary of Neighborhood Meetings CUP 2003-0106 Applicant's Summary of EOC's North County shelter project neighborhood meetings Prior to submitting an application for a North County Shelter Conditional Use Permit,EOC scheduled public workshops on Wednesday,May 28,2003 and Wednesday, June 11, 2003. The first two workshops were held at the Community.Church of Atascadero, with light refreshments and childcare available to facilitate attendance. At the June 11 meeting, neighbors requested an additional meeting on the site. EOC worked closely with a concerned neighbor who canvassed her neighbors for an appropriate meeting date. The third evening meeting was held on July 1, 2003. The purpose of the first workshop was to share design and programmatic information on the project, and identify issues and concerns of the community. At the second workshop,EOC shared our response, including design and programmatic changes, to issues identified at the prior meeting. The purpose of the third meeting was to allow neighbors and other community members to walk the site,which was staked to indicate the proposed shelter's footprint. Written comments were solicited from those_attending each workshop. • To encourage the broadest possible community workshop participation,EOC used these outreach strategies: ■ created display ad which ran in Atascadero News May 14, May 23,June 6, and June 11; • created English/Spanish fliers and distributed as follows: mailed with "Dear Head Start Parent" letter to 48 Atascadero Head Start households and placed at North County Head Start centers; mailed with"Dear Neighbor"letter to 19 residents within 1000' of Head Start site; hand-delivered with "Dear Neighbor letter to 70 tenants of Hilltop Mobile Home Park, and 60 tenants of Camino Del Roble Mobile Estates,both of which are in Head Start neighborhood; mailed to Atascadero News and Tribune; mailed to elected officials in Atascadero and Paso Robles, and to North County Supervisors; mailed to other key stakeholders and community partners; provided to ECHO to distribute to Atascadero churches; placed at Atascadero City Library,City Hall and other public venues. ■ EOC staff attended the May 13 Atascadero City Council meeting and May 20 Atascadero Planning Commission meeting to publicize upcoming workshops during Public Comment. Fliers were also distributed in various "safety net" venues, with a request to share information in a neutral, unbiased manner that welcomed attendance without skewing public input by"stacking" the audience. The paid advertising and flier distribution resulted in CountyRoundup coverage in • the Tribune on May 24 and May 30, and front-page articles in the Atascadero News on May, 30, 81 ITEM NUMBER: B-1 DATE: 06/08/04 June 11 and June 18. The July 1 on-site meeting was publicized in the Tribune's CountyRoundup on June 27. Those attending the May 28 workshop included 21 community members, Atascadero Councilwoman Pacas, Atascadero staff Brady Cherry,two reporters, and staff from EOC and RRM Design. Those attending the June 11 workshop included 13 community members, one reporter,Atascadero Mayor Clay, Supervisor Ryan, Atascadero staff Brady Cherry, and staff from EOC and RRM Design. Those attending the July l workshop included 19 community members,Atascadero Councilwoman Pacas,Atascadero staff Brady Cherry, and staff from EOC and RRM Design. • 82 ITEM NUMBER: B-1 DATE: 06/08/04 0 ATTACHMENT D: EOC Request to Modify Conditions of Approval 4/20/04 ;� ak ry � sz ,. 5. .aye �, rn'j l' _ • � r ur1. >'- ,l: " 1. ;. F}P Aq1 71IYE. LL ECCrN(I CSPPII[7IIIEy MI5 ItAi9 Ia pI1i3�P1. IU. Ol+ �0I vIISSia1V sINCE:19Fi5 ,-,� �4 V EA7& �; April ,2f�441.z. _ >: . ..... O. To c� ,of�' 0 era rte,„ w � ' ` O13S1i51I y - �if := $�c flIIIECS5 r�lBCVICES _ .. ..: r RE. EtJC Resp�rise�to City b i ascar3sro�' OD -0� �i t . i : arui a . On V�edaestiay ,APz�I' 4;280 ,#}a cats is :kl X Pi -Pw", 3�n•L t,a 6'Yl s1.l 0tep"(3L� IY'V1eYV� 1. rRflEcS4�oatnt#StCJat as AC.I. t - nvw � 1 't �"" Vt�3 i�IS$C���TO c1 31$ �t5 t�ISt:[t&S. , Cdffd1t1E1aS: 41- 00" tg4! 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CONDITIONAL USE PERMIT 2003-0106 EOC OVERNIGHT SHELTER Applicant: Economic Opportunity Commission, 1030 Southwood Drive, San Luis Obispo, CA 93401, Phone: 544-4355 Project Title: CUP 2003-0106 Overnight Shelter Project 965 El Camino Real, Atascadero, CA 93422 Location: ( p Count San Luis Obispo APN 049-041-010 County); Project The proposed project is a 32-bed overnight shelter,located on a site currently Description: developed with a preschool and support facilities for the preschool. The project would be a conditionally allowed use(CUP 2003-0106)in a residential neighborhood(965 El Camino Real). The General Plan Land Use Designation: Suburban Estate Zoning District Residential Suburban Proposed Theect ro Environmental P 1 has been determined to qualify for a Class 3 Categorical Determination: Exemption under the provisions of the California Environmental Quality • Act(CEQA section 15303, Class 3, New Construction under 10,000.) Chairperson Kelley briefly opened the Public Comment period to allow two children to comment on this item. PUBLIC COMMENT Charlene Jones and her 10-year-old daughter Destiny spoke in support of the Homeless Shelter, stating that it was there when they needed it and kept them from sleeping on the street. Dennis Eslick and his six-year-old daughter Haley stated they needed to use the shelter at one time and it helped them in many ways in addition to providing food and a bed. Pastor Rick Comstock, Assembly of God Church, indicated his church has hosted the Homeless Shelter on two occasions. He stated there is a need for a shelter in the community and asked the Commission to allow a permanent shelter to be erected in Atascadero. Chairperson Kelley closed the Public Comment period. • 85 ITEM NUMBER: B-1 DATE: 06/08/04 Community Development Director Warren Frace provided the staff report and answered questions of the Commission. An addendum was distributed clarifying conditions of • approval (Exhibit A). Additional information distributed included a letter from the Atascadero Mutual Water Company (Exhibit B), and a Memo from the Economic' Opportunity Commission (EOC) regarding suggested changes to ;the Conditions of Approval (Exhibit C). PUBLIC COMMENT Patrick Blody, applicant's architect, spoke about the process and the design of the project. Anita Robinson, Secretary Treasurer of the EOC, discussed .the deliberations EOC went through in making the decision to go forward with the North County Family Shelter. Ms. Robinson explained the role of the EOC and its many partnerships within the community. Biz Steinberg, CEO of the EOC, explained the;role of the EOC in advocating to offer direct service programs and effect institutional change. She asked- for the Commission's approval of the CUP. Anita Hogue, Program Manager for EOC Head Start, spoke about Head Start and its pre-school connection to the program, • Catherine Manning, 'Director of EOC Homeless Services, indicated they have many links within the community; one of the strongest is with ECHO. She spoke about their homeless programs already in place within the community and asked for the Commission's support of the shelter. Mike Hedges, Vice President of ECHO, spoke about the transportation situation for the shelter. Tom Beam, Homeless Services Coordinator for the County of San Luis Obispo, stated` he was representing the Homeless Services Committee, which is giving its wholehearted support to the applicant and what they are trying to achieve. Reverend Jackie Sebro, Deacon at St. James Episcopal Church and Director of Loaves and Fishes in Paso Robles, spoke about the People's Kitchen started with the help of ECHO, which will become a screening site for the proposed Homeless Shelter. Barbara Newsome stated she has volunteered in the shelter and spoke about the people who use it.. She expressed her support for the project. Dave May indicated he has had positive dealings with ECHO and has helped them with fundraising. As a retired Peace Officer he feels people who use the shelter police themselves very well, and he is in support of the project. • 86 ITEM NUMBER: B-1 DATE: 06/08/04 • Virginia Carsley stated it was her experience that those using the homeless facility were eager to help in its maintenance and very appreciative of all that was done for them. She is in support of the proposed shelter. Tom Colmar expressed his concern regarding the health needs of the homeless and stated his support for the shelter. Eric Greening stated his strong support for the program and made the following observations on the conditions of approval: 1) hours of work for the homeless are varied and may not fit into the hours of operation for the shelter, 2) to what extent are preschool or childcare services available to people who arrive later in the day, 3) Condition #32, what is the plan for dealing with people who's vehicles may breakdown on site, and 4) Condition #34, would support allowing the maximum flexibility possible. Norma Mueller, member of ECHO Board and representing Hope Lutheran Church, expressed her support for a permanent location for the shelter. Monica Firchow expressed her opposition to the proposed site for the shelter. Stating she represents 90 of the Residents on Santa Cruz Road, she submitted a written statement of their objections. (Exhibit D) Shirley Summers spoke in favor of the shelter and urged the Commission to support the • CUP. Sandy Milder stated that the proposed location'is ideal for the shelter clients as it is centrally located within the north county. Beverly Aho indicated that for the past two years she has lived next door to the current shelter, and though initially apprehensive, she has found they keep the area up nicely and if a problem occurs, it is corrected immediately. She urged the Commission to look at this compassionately but responsibly. Sharon Roundtree stated her support for the shelter location and encouraged the Commission to approve the project. Janie Giessenger, owner of A&W Restaurant, stated she has hired homeless workers in her restaurant and has volunteered at the shelter. She supports the creation of a permanent shelter. Lee Bearly spoke of his positive experiences as a volunteer for ECHO and expressed his support for a permanent shelter. Bill Smith, First Baptist Church, explained that the homeless have been at his church for over 18 months and in that time they have not received any complaints. He • supports the currently proposed location for the shelter. 87 ITEM NUMBER: B-1 DATE: 06/08/04 John Jardine stated he has volunteered time at the homeless shelter and expressed his opinion that a shelter helps prevent crime by providing a safe place for people to go. Mike Burn, ECHO Board Member, spoke about Condition#32 and stated ECHO has a working relationship with a mechanic and they try to facilitate repairing or moving vehicles off the site within one day.Regarding Condition #27, Mr. Burn stated that one ECHO volunteer will always be on staff and on duty therefore, security cameras indoors would be redundant and an invasion of privacy. Patrick Summer indicated that he was homeless at one time and expressed his support for the shelter and helping the homeless get back on their feet. Victoria McBride asked the Commission to pay attention to the concerns of the people who live in the area of the proposed shelter. She expressed concern with the open- ended nature of Condition #21. Cathy Hansen spoke in favor of locating the preschool on the same site as the shelter. She urged the, Commission to deal with the homeless now in a proactive way by providing a permanent shelter. Barbara Sublina stated she lives in the neighborhood of the proposed shelter and though she acknowledges the need for a shelter, she was concerned with the potential effect on property values. She suggested seeking an alternate location wherefuture • expansion of the shelter would be possible. Charlotte Byrne, ECHO President, spoke about Condition #11 and stated her support for a Neighborhood Advisory Group. Additionally, she addressed the issue of transportation to and from the shelter. Ms. Byrne distributed a list of priorities for the overnight shelter. (Exhibit E) Paul Wolf stated he serves on the Human Relations Commission of San Luis Obispo, which has been assigned to monitor the Maxine Lewis Memorial Shelter. They very quickly ,address ,any issues that arise' and have found that in the last five years no issues have come up from the residents or businesses in the area. Chairperson Kelley closed the Public Comment period. Commissioner Peterson commented that the homeless issue would probably get worse due to the high cost of housing in the area. He spoke against the use of cameras inside the facility. Commissioner Fonzi expressed concern regarding funding issues for the shelter and the screening process given the proximity of the pre-school. EOC and ECHO members addressed these concerns. 88 ITEM NUMBER: B-1 DATE: 06/08/04 Vice Chairperson Jones indicated his support for the shelter, and expressed his • concern for the 'issue of cameras in the interior of the shelter, which he feels is demeaning and unnecessary. He does not see a problem with the vehicles on site, and would like to see a reasonable condition for those coming after hours to be able toworkwithin the EOC restrictions and not have to go back to where they had their meal He does not support a condition requiring shelter clients to go to Paso Robles. Chairperson Kelley expressed the following concerns: 1) Requiring clients to go to Paso Robles is restrictive, 2) once clients are screened it would be more economical to feed them all at one place—the shelter, 3) cameras are an invasion of privacy, but there may be problem clients from time to time so there_must be some safeguard in place to protect the children and adult clients, and 4) agrees with having flexible hours for those who must work late. All of these issues he believes can be worked out satisfactorily. Commissioner O'Keefe complimented ECHO and EOC on coming up with a workable plan, and stated she trusts EOC's recommendations, whichshe sees as reasonable and is supportive of. Because of the sloping nature of the building site, she thinks the shelter will not be intrusive on the neighborhood. Commissioner O'Keefe suggested a change to the 'landscaping conditions—some of the trees to be planted are water intensive and deciduous, she suggested plantings that require less water and would provide year round screening. Additionally she stated requiring pavers is not necessary, a road base or blacktop would be acceptable and less expensive: . Commissioner Porter stated this was a project that is overdue and he supports the shelter. Regarding Condition #27, cameras inside the shelter are intrusive and he would rather see them limited to outside areas, Conditions #32 and 34 are interrelated in terms of transportation and he supports anything that would promote jobs in the hours available to clients. He would suggest instead of having clients meet back at the dinner site; perhaps another designatedoff-site location might be more practical. He would like to see more'flexibility in Condition #34: Commissioner Beraud indicated her support for the changes in the Conditions as presented by staff and as overlaid by the EOC, and for Commissioner' O'Keefe's comments ,about the landscaping. Regarding Finding #3 for the CUP, she proposed that the CUP conditions be reviewed by the Planning Commission or by the'City at six and 12-month intervals to provide an opportunity to see if the conditions have been met. There was discussion regarding Commissioner Beraud's suggestion and several Commissioners felt there were conditions/tools in place to bring any problems back to the City's attention. Community Development Director Frace made.several comments: 1) Conditions #6 and & 7: Staff sees no concerns with the language proposed by EOC. 89 ITEM NUMBER: B-1 DATE: 06/08/04 2) Condition #32: Staff recommends the Commission consider having any off-site location for pickup subject to approval by the Police Department. • 3) Condition #34: Recommend adding that the regional transportation pian be subject to the Police Department's approval. MOTION: By Vice "Chairperson Jones and seconded by Commissioner O'Keefe to approve Draft Resolution No. PC 2004-0043, a resolution of the Planning Commission of the City of Atascadero approving a Conditional Use Permit to establish an overnight shelter in the Residential Suburban Zoning District with the following conditions: 1. Defer removal of the one 56-inch Coastal Live Oak. 2. Adopt proposed language for Condition #6 from the EOC. 3. Adopt proposed language for Condition#27 from the EOC. 4. Conditions #32 and 34: the off-site location selection for the transportation of clients to the shelter site to be by Police Department approval: 5. The transportation plan will be subject to both Police Department and Planning Staff approval. 6. Changes to landscape conditions as suggested. Motion passed 7:0 by roll-call vote. • 90 ITEM NUMBER: B-1 DATE: 06/08/04 ATTACHMENT F: Draft Resolution A Council Resolution of Denying Appeal(includes Planning Commissions conditions of approval) DRAFT RESOLUTION A A RESOLUTION OF THE ATASCADERO CITY COUNCIL DENYING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CUP 2003-0106 AND APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH AN OVERNIGHT SHELTER IN THE RESIDENTIAL SUBURBAN ZONING DISTRICT AND ALLOW FOR THE REMOVAL OF ONE 56-INCH COASTAL LIVE OAK (APN 049-041-010) (CUP 2003-0106 965 E1 Camino Real) WHEREAS, an application has been received from the Economic Opportunity Commission, 1030 Southwood Drive, San Luis Obispo, CA, 93401 (Applicant)to consider Conditional Use Permit 2003-0106 to establish an Overnight Shelter; and WHEREAS, existing preschool and caretaker's uses are currently on the project site; and WHEREAS, the proposed project is located within the SE (Suburban Estate) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located within the RS (Residential Suburban) zoning district where residential care facilities are subject to the approval of a Conditional Use Permit; and, WHEREAS, the existing Preschool and Caretaker facilities are incorporated herein as part of the Master Plan of Development; and WHEREAS, the new construction is limited to 3,272+/- square feet of building area plus exterior areas and improvements for access and parking;and, WHEREAS,the arborist has recommended the removal of one native tree, WHEREAS, a Categorical.Exemption,under the California Environmental Quality Act (CEQA) Section 15303 New Construction of Small Structures,Class 3(c), has been prepared; and, 91 ITEM NUMBER: B-1 DATE: 06/08/04 WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Conditional Use Permit application and the Tree Removal request on April 20, 2004 at 7:00 p.m., and considered testimony and reports from staff, the applicants, and the public, and, WHEREAS, an appeal of the Planning Commission's findings of approval of the project was received on May;4, 2004, and, WHEREAS, the City Council held a duly noticed public hearing to consider the appeal of the Conditional Use Permit application and the Tree Removal request on June 8,2004 at 7:00 p.m., and considered testimony and reports from staff,the applicants, and the public, and, NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero: SECTION 1. FINDINGS OF CATEGORICAL EXEMPTION FROM CE A. The proposed project has been determined to bea categorical exemption from CEQA based on a Class 3(c) exemption pertaining to construction of new structures under 10,000 square feet. SECTION 2. FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT. The City Council finds as follows: 1. As conditioned, the proposed project is consistent with the General Plan; and, 2. As conditioned,the proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. As conditioned,the establishment,and subsequent operation or conduct of the use will not,because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity of the use; and, 4. As conditioned, the proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. As conditioned, the proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from the full development in accordance with the Land Use Element. 92 ITEM NUMBER: B-1 DATE: 06/08/04 SECTION 3.FINDINGS FOR APPROVAL OF TREE REMOVAL PERMIT. The City • Council finds as follows: 1. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist; SECTION 4. APPROVAL OF CONDITIONAL USE PERMIT. The City Council does hereby approve Conditional Use Permit 2003-0106 to establish an overnight shelter and incorporate preschool and caretaker uses into the Master Plan of Development and allow for the deferred removal of one 56-inch live oak tree on the property located 965 E1 Camino Real, Atascadero, California(APN 049-041-010), consistent with the following conditions and exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Title Sheet and Site Statistics EXHIBIT C: Site Plan EXHIBIT D: Overnight Shelter Floor Plan EXHIBIT E: Overnight Shelter Elevations EXHIBIT F: Colors and Materials EXHIBIT G: Site Sections for New Construction • EXIBBIT H: Schematic Grading Plan for New Construction EXHIBIT I: Schematic Landscape Plan for Area Surrounding New Construction EXHIBIT K: Tree Mitigation Form • 93 ITEM NUMBER: B-1 DATE: 06/08/04 On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety • on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ATTEST: George Luna,Mayor Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A.Hanley,City Attorney • 94 ITEM NUMBER: B-1 DATE: 06/08/04 • EXHIBIT A: CONDITIONS OF APPROVAL CUP 2003-0106 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring PS:Planning Services BL Business License BS:Building Services BP:Buiding Pemtit FD:Fire Depadment TO:TenWrary PD:Police Depadment Occupancy CE Cily Engineer F0:Firral Occupancy WW:Wastewater CA:City Attorney Planning Services Conditions 1. The approval of this use permit shall become final and effective for the On Going PS purposes of issuing building permits,provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b)of the Zoning Ordinance. 2. Approval of this Conditional Use Permit shall be valid for twelve(12)months On Going PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit, established the approved use or applied for an extension of entitlement. 3. The granting of this Conditional Use Permit shall apply to 965 EI qCaminoOn Going PS Real,APN 049-041-010,regardless of owner. 4. This Conditional Use Permit allows for construction and operationOn Going PS bed, overnight shelter (item f). The uses already established on the site are made a part of the Master Plan of Development as shown on the attached site plan and as follows: a. Building A-Head Start 1,554 sq.ft.+/- b. Building B-Head Start 1,906 sq.ft. C. Building C-Existing Residence 1,214 sq.ft.+/ d. Building D—Storage 400 sq.ft.+/- e. Building E—Storage 1,191 sq.ft.+/- f. Overnight shelter 3,272 sq.ft. =consistent nts, structures, colors, materials and landscaping shall BP PS h the attached exhibits. Dogwood and Liquid Amber laced with more drought tolerant and evergreen tree 6. Preschool uses are limited to typical preschool activities between the 7GoingS hours of 7:30 a.m. and 5:30 p.m. Preschool parent activities, such as Center meetings and parenting classes, are scheduled at other times,as needed.-Preschool children will be accompanied by a parent,guardian or teacher at all times while on the site. Children of shelter clients shall be in the care of a parent, guardian or, as appropriate, EOC staff person at all times while on the site. • 95 ITEM NUMBER: B-1 DATE: 06/08/04 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring • PS:Planning Servicas BL:Business License BS:Building Senr ices BP:Building Pend FD:Fre Deparkneeal TO:Tenponvy PD:Police Depadawt Occupancy CE CAy!Engineer F0:Final Occupancy WW:Wastewater CA Cily Allowy 7. Shelter uses are limited to overnight sleeping, showering, participating in On Going PS educational or support activities, and eating breakfast. Any expansion of the shelter, additional use of the shelter facilities or expansion or modification of the other uses existing onsite will require amendment of the Conditional Use Permit. The following uses of the shelter facility are not allowed:client screening, serving of dinner,use by clients between 7:30 a.m.and 6:00 p.m. 8. In accordance with Sections 9-2.109(3) and 9-8.105 of the Municipal On Going PS Code of the City of Atascadero, violations or failure to implement the conditions of approval or violations of public health and safety laws, such as, but not limited to, excessive noise, traffic, violations, loitering, vandalism, theft, nuisances, etc. constitute a violation of this conditional use permit and are subject to reconsideration by the Planning Commission. The Planning Commission has the authority to add, modify, change or delete any conditions of approval or revoke the conditional use permit. 9. The shelter shall be operated by the Economic Opportunity Commission On Going PS (EOC) unless otherwise approved by the Planning Commission. 10. Prior to Final Inspection of the proposed new construction,the EOC shall On Going PS • submit a copy of a Caretaker's agreement to the Community Development Director for review and approval. 11. The EOC shall establish a Neighborhood Advisory Group to act as a On Going PS liaison to the neighborhood and overall community. EOC shall be responsible for appointments to the Neighborhood Advisory Group and shall provide the Community Development.Department with a.current list of members and the telephone number of the key contact person. Duties of the Neighborhood Advisory Group shall include, but not be limited to: a• Regular public meetings to hear any City or neighborhood complaints. b. Formulate responses/solutions to all complaints: C. Report results of all meetings to the Community Development Director including meeting minutes, attendees and any proposed responses/resolutions for complaint issues. During the first six months of operation meetings shall be held monthly. Thereafter meetings shall occur quarterly, unless the Community Development Director determines that less frequent meetings are warranted. 12. All recommendations of the Tree Preservation Report, prepared by BP/GP PS Carolyn Leach,dated August 1,2003 and the amendment dated August 8, 2003 and all provisions of the City of Atascadero's native tree ordinance shall be followed during the construction process. Where there is ` conflict between the Arborist's recommendation and City standards/requirements,City standards/requirements shall be followed. 96 ITEM NUMBER: B-1 DATE: 06/08/04 Condition of Approval Timing Responsibility CUP 3003-0106 /Monitoring PS:Planning Services BL Business License BS:Building Services BP:Budding Permit FD:Fire Department TO:Temporary PD:Police Department Occupancy CE City Engineer Fd.Final Occupancy WW:Wastewater CA City Attorney 13. If the Planning Commission approves the removal of Tree 9 as shown in 13P/GP PS the Tree Preservation Report, the applicant shall submit a tree replacement plan for replanting 9 five gallon or 3 fifteen gallon native stock Oak trees. The plan shall place emphasis on screening the project from the residential property to the east and shall be approved by the Community Development Department prior to installation. Tree 9 shall not be removed prior to establishment of the plantings,as determined by an Arborist(approximately 2-3 years). 14. Prior to issuance of building permits, an onsite meeting shall be held to BP/GP PS inspect all tree protection measures. The meeting shall include the Arborist, the grading contractor, the property owner/supervisor and a member of the Community Development Department. Prior to the meeting, all tree protection measures shall be installed and visibly evident. The Arborist's recommendations include: a. Install driveway on top of existing`grade, without scarification, grubbing or subsurface excavation within the drip line area of trees 3,4,and 5. • b. Alternative paving materials, such as pavers, shall be used within the drip line area of trees 3,4,and 5. C. Install underground utilities using a directional bore method. Pavers will not be required under the drip lines of"native trees. Other options for the driveway shall be examined. There shall be very"limited landscaping under oak tree drip lines with a focus on keeping the drip line areas in a"natural"state. 15. All onsite parking shall be in the designated parking areas shown on On Going PW Exhibit C. 16. There shall be no onsite parking of RV's for temporary camping/living On Going PW quarters. 17. The trash enclosure for the Shelter shall be of decorative, split-faced BP PS, block with solid metal doors. Police Department Conditions 18. The EOC shall submit a management program to the Police Chief for FO PD/PS approval,prior to occupancy. The plan must include the following: a. A program description, including provision of qualified supervisors and a description of all onsite activities and services. b. Procedures for training staff and volunteers to recognize violations of the law or potentially dangerous situations. C. Provisions for monitoring access to the site and surrounding areas during daytime hours,when the shelter is not in operation. • d. Provisions for responding to police or citizen complaints. e. Name and 24 hour telephone number of a "responsible party in 97 ITEM NUMBER: B-1 DATE: 06/08/04 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring • PS:Planning Services BL Business License BS:Building Services BP:BuildingPemYl FD:Fre Department T0:Temporary PD:Police Department Occupancy CE City Engineer FO:Final Occupancy WW:Wastewater Ck C61 Parney charge" for all aspects of the Overnight Shelter program. The name and telephone number shall also be provided to the City of Atascadero Community Development Department. .. 19. Prior to issuance of building permits, EOC shall provide the City Police Orr Going PD/PS Chief with written copies of policies and procedures for screening Overnight Shelter clients. Emphasis will be placed on the rules and procedures for sex offenders. These policies and procedures shall be reviewed and approved by the City Police Department prior to final occupancy. All future proposed changes to the policies and procedures shall be approved by the City Police Chief. 20. Prior to issuance of a certificate of occupancy, EOC shall provide the City On Going PD/PS •Police Chief with documentation of an agreement with the County Sheriff's Department for sex offender screening. 21. if the County Sheriff's Department cannot provide"real time"sex offender On Going PD/PS screening prior to the opening of the shelter,EOC will establish procedures for initial screening,to be approved by the City Police Chief,with follow up screening by the County Sheriffs Department. All shelter clients shall be screened by the County Sheriff's Department for • sex offender status by.the next available date for such screening after presentation at the shelter. Any client or potential client identified by the County Sheriff's Department as a sex offender,at any level,shall be prohibited from staying at the shelter or using its facilities. 22. The EOC shall continue to work diligently with the County Sheriff's Office to On Going PD/PS provide"real time"sex offender screening. 23. Prior to issuance of a certificate of occupancy,the City Police Chief shall On Going PD/PS review and approve rules and procedures to address the following: a. Procedures and penalties for bringing weapons to the shelter b. Penalties for violation of rules c. 'W alkaways d. Client screening e. `Terms of stay f. Daytime loitering These procedures shall clearly define nuisance thresholds related to loitering,noise,and parking,in addition to violation procedures for criminal acts. All rules and procedures shall clearly state any and all consequences • for violation of Shelter rules,procedures and policies. 98 ITEM NUMBER: B-1 DATE: 06/08/04 Condition of Approval Timing Responsibility • CUP 2003-0106 /Monitoring PS:Planning Services BL:Business License BS:Building Services BP Building PerrnA FD:Fire Department TO:Temporary PD:Police Depadirmcd Oupancy CE:City Engineer Final party WW:Wastewater CA CAy Allorney All future proposed changes to the policies and procedures shall be approved by the City Police Department. 24. There shall be one(1)"trained staff member"onsite at all times during On Going PD/PS hours of operation. `Trained staff members"shall be trained in first aid, CPR,emergency mental health procedures and sex offender screening. "Trained staff members"shall be employed by the managing agency of the shelter(EOC). Volunteers will not qualify as a"trained staff member." At no time shall there be less than two(2)person staffing of the shelter during the hours of 6:00 P.M.to 7:30 a.m. 25. Prior to issuance of building permits,the City Police Chief shall review and On Going PD/PS approve a copy of an agreement with the County Mental Health Department for responding to after hour calls at the shelter. 26. The City of Atascadero Police Department shall have the right to inspect the On Going PD/PS shelter facility and/or review the client list at all times,as deemed necessary • by the Chief of Police. 27. All outdoor areas of the shelter shall be monitored by security cameras On Going PD/PS during hours of operation. In lieu of security cameras,the shelter may have a licensed security guard onsite during hours of operation. If security cameras are used,all tapes shall be backed up within 24 hours and shall be retained for a minimum of 15 days. 28. All outdoor areas shall be lighted by building-mounted down lights for On Going PS visibility during nighttime hours. A lighting plan that prevents off-site glare shall be submitted for review and approval by the Community Development Department. 29. All outdoor activities shall be limited to the hours of 6:00 p.m.to 10:00 P.M. On Going PS and must be within the fenced patio area. In no case,shall there be any outside activity on the premises after 10:00 p.m, 30. The outdoor patio area shall be fenced and screened from offsite views. All On Going PD/PS access to the outdoor area shall be through the shelter structure. 31. All shelter clients shall be screened and processed at the off site"dinner On Going PD/PS place"prior to transportation to the shelter. There shall be no'walk-ins'or onsite screening of shelter clients at.the shelter site. Shelter personnel shall provide transportation to the shelter site for clients without transportation. Clients with transportation shall"caravan"behind the shelter vehicles to the shelter site. 32. All clients shall caravan behind the shelter vehicles to the site after the On Going PD/PS • dinner program. Any late arrivals shall meet shelter personnel as detailed in an"offsite pickup plan",approved by the City Police Chief and be escorted 99 ITEM NUMBER: B-1 DATE: 06/08/04 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring • PS:Planning Services BL:Business License BS:Building services: BR Building Peft FD;Fre Depadment TC:Temporary PD:Police Depadmerd Occupancy CE City Engineer FO:Final Occupney WW.,Wastewater CA City Attorney to the shelter site. 33. Shelter clients are not allowed on the grounds or in the shelter On Going PD/PS neighborhood during non-shelter hours. Persons not authorized to be onsite will be considered trespassers and the proper authorities will be notified. 34. At the time of morning departure,all shelter clients,without vehicles,shall On Going PD/PS be transported offsite,per a regional transportation plan to be developed and approved by the City Police Chief. ;The City Police Chief may review and amend this plan on an"as needed"basis. 35. Daytime loitering or congregation of clients,onsite,in surrounding On Going PD neighborhood,on commercial properties,on public streets,or in the Salinas River and Graves Creek areas shall not be permitted. EOC shall be responsible for the morning transportation and distribution of clients to appropriate locations to prevent this from occurring. Fire Marshal Standard Conditions 36. All proposed new buildings will require a fully automatic supervised fire BP/On FM/PS sprinkler system. Going • 37. All proposed new buildings will require an automatic fire alarm system FO/On FM/PS with manual pull stations throughout. Going 38. Smoke detection devices are required in all sleeping areas and shall be FO/On FM/PS interconnected. Going 39. A minimum of one fire hydrant will be required at the driveway entrance, FO FM/BS 40. Fire Lanes: When approved by the Fire Chief,temporary access roads of a width, FO FM/PW vertical clearance,and surface,which provide access for fire department apparatus,can be used until permanent roads are installed. Fire lanes shall be at least 20 feet in width.`Fire lane signs are required to be installed along access roadways,in locations where vehicle parking would encroach on the required clear width of roadway. A specific fire lane sign is required at the entrance to projects, which have designated parking spaces. "Fire Lane-Tow-Away Zone"signs shall be posted at 50 foot intervals,unless an"All Roads are Fire Lanes-Park in Designated Spaces Only"sign is posted,in which case the"Fire Lane—Tow-Away Zone"signs maybe posted at 100 foot intervals. 41. When required,all raised curbs along access roadways shall be painted FO FM/PW red with white"FIRE LANE"letters stenciled on the face at a minimum of 30-foot intervals. Where the fire lane roadway does not have curbs,a solid red line shall be painted on the pavement with"FIRE LANE"letters stenciled at 30-foot intervals. The line and letters shall be of sufficient size to be visible from a vehicle in the fire lane. Where parking is to be allowed along the traveled way,at least 8 feet of improved width shall be provided. If curbs are not provided,the shoulder shall be constructed to the same specifications as the traveled way. • 100 ITEM NUMBER: B-1 DATE: 06/08/04 Condition of Approval Timing Responsibility . CUP 2003-0106 /Monitoring PS:Planning Services BL Business License BS:Building Services BP:Budding Pemtil FD:Fire Department T0:Temporary PD:Police Depantral Occupancy CE Cdy Engineer FO:Final Occupancy WW:Wastewater CA City Altomey Standard Public Works Conditions 42. All public improvements shall be constructed in conformance with the City of BP PW Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 43. The applicant shall enter into a Plan Check/Inspection agreement with the -BP PW City. 44. The applicant shall be responsible for the relocation and/or alteration of BP PW existing utilities. 45. Existing drainage patterns from adjacent properties shall not be BP PW obstructed: Specific Public Works Conditions 46. The applicant shall address storm water detention to the satisfaction of BP PW the City Engineer,prior to grading and drainage approval. 47. The applicant shall pay sewer Extension(Annexation)and Connection BP PW fees upon issuance of building permit. All existing buildings must be connected to sewer. Applicant shall submit fixture unit count of existing and proposed structures to determine fee. 48. The applicant shall abandon all existing septic tanks and leach fields. BP:� PW 49. The applicant shall follow the recommendations of the"Sight Distance BP PW Analysis",which requires the modification of the southerly retaining wall. 50. The applicant shall install curb,gutter and sidewalk along the EI.Camino BP/GP PW Real property frontage per City standards. AtascaderoMutual Water Company 51. Before the issuance of building permits,the applicant shall submit plans BP/GP AMWC/BS to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards(Code of Regulations Title 22,Division 4, Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 52. Before the start of construction on the water system improvements, BP/GP AMWC/BS the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a"deferred connection"agreement. • 53. Before issuance of building permits,the applicant shall obtain a"Will BP/GP AMWC/BS _J 101 ITEM NUMBER: B-1 DATE: 06/08/04 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring • PS:Planning Services BL,Business License BS:Building Services BP:Building Penrd FD;Fire Depart ent T0:Temporary PD:Police Deparlrwl Ocapancy CE City Engineer F0 Final Occupancy WWI.Wasleyrater CA City Marney Serve"letter from AMWC for the newly created lots within the subdivision. 54. The applicant shall provide AMWC with easements for those water BP/GP AMWC/BS facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 102 ITEM NUMBER: B-1 DATE: 06/08/04 EXHIBIT`B: TITLE SHEET AND SITE STATISTICS CUP 2003-0106 ul Lu uj L cc �w 9 0 cc W I } pp�� I ® i 0 w I p 103 ITEM NUMBER: B-1 DATE: 06/08/04 EXHIBIT C: SITE PLAN CUP 2003-0106 x H y"} r z' ..j x+ .�✓ ,G e«+ ,r••+•ee •rc•_x,�•+ f» t:r' ''.,'", a `e "'"`�. icy f baa kit , x. a'«'` " . u��� Shelter Parking M Area v ��4 hO,moi ��,' ^`�r Native x Tree Removal B ILI IM tAfF E 4 u+ yY„ b 5 1 W1. RA rRVx , 104 ITEM NUMBER: B-1 DATE: 06/08/04 , • EXHIBIT D: OVERNIGHT SHELTER FLOOR PLAN CUP 2003-0106 -ra lit ".Ill a t rc � .x., Ju T'nirme ,: Y P O My p' , 105 .ITEM NUMBER: B-1 DATE: 06/08/04 EXHIBIT E: OVERNIGHT SHELTER ELEVATIONS CUP 2003-0106 # 106 ITEM NUMBER: B-1 DATE: 06/08/04 • EXHIBIT F: COLORS AND MATERIALS CUP 2003-0106 Jut 8 2003 i I Composition Roofing E Certainteed Cement Board Biding 1 C,sromSWdOr30,81Wk Benjamin Moore i - -Misled Orwn-2316.5a j f i 1 Benjamin Moore Benjamin Wore B"° ""'hb EXTERIOR MATE ALS.BOARD orittR�oat2to7.ao �j -R-RAY DB•�fD�N.e.7l OV T Exterior Materials Board • 107 ITEM NUMBER B-1 DATE: 06/08/04 EXHIBIT G: SITE SECTIONS FOR NEW CONSTRUCTION CUP 2003-0106 • I r 1 i} i 108 ITEM NUMBER: B-1 DATE: 06/08/04 • EXHIBIT H: SCHEMATIC GRADINGPLANFOR NEW CONSTRUCTION CUP 2003-0106 '1I # KINti rX} a * r f l� }6 711, t 21 INK a • 1`09 ITEM NUMBER: " B-1 - DATE: 06/08/04 EXHIBIT J: SCHEMATIC LANDSCAPE PLAN FOR AREA SURROUNDING NEW CONSTRUCTION • CUP 2003-0106 All 1 4Q {� 44 f lit I .£-••: • �.a ",;~„�:, �,: -'`++, ti` .„:�, •y.�1-wit :.{ �°"� I „ JUL Z a 110 ITEM NUMBER: B-1 DATE: 06/08/04 EXHIBIT K. TREE MITIGATION FORM CUP 2003-0106 Date: April 9,2004 Prepared by: KM Address: 965 EI Camino Real Permit#: CUP 2003-0106 Applicant: Economic Opportunity Commission Telephone: 544-4355 Owner. Same Telephone: xx REMOVALNATIVE TREE • Tree protection required? e /,no Arborist review required? ee no Total number of trees impacted: 07 Removals: Number greater than 24"DBH: 01 number less than 24"DBH: 0 PCPermit Required? tinproces no Status: / approved Replacements required:YES dbh notes dbh notes 1 56-inches Coastal Live Oak 1 2 2 3 3 4 4 5 5 6 6 7 8 6 9 9 10 10 11 11 12 12 13 13 14 14 15 15 Total 56-inches Total 0-inches 56-Inches Mitigation Requirement req'd tree replacements: 9 five gal trees req'd tree replacements: 0 five gal trees Proposed Replanting 9 five gal trees Proposed Replanting 0 five gal trees 9 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees 24" 0 box trees 24" 0 box trees 24" Remaining Mitigation 0 five gal trees Remaining Mitigation 0 five gal trees 0 five gal trees Tree Fund Payment: $ Tree Fund Payment: $ $ • lil ITEM NUMBER:: C-1 DATE: 06108/04 1018 - Y9 8 Atascadero City Council Staff Report City Manager's Office Downtown Parking & Business Improvement Area (FY 2004-2005) Confirmation of Annual Assessment RECOMMENDATION: Council adopt the draft Resolution confirming annual assessment for Downtown Parking & Business Improvement Area (Fiscal Year 2004-2005) DISCUSSION: Background: The City of Atascadero established a Downtown Parking and .Business Improvement Area in 1986 (Chapter 11 of the Atascadero Municipal Code) for the purpose of acquisition, construction or maintenance of parking facilities, decoration of public places,promotion of public events,:and general promotion of business activities in the downtown area. The formation and operation of a Business Improvement Area is governed by the California 'Streets & Highways Code (Section 36500 et. Seq.) Historically, the budget for the Business Improvement Area is submitted in conjunction with the City's annual budget. In each of the last three fiscal years from 2001, through 2004, the Council confirmed the annual assessment for the Downtown Parking & Business Improvement Area, and contracted with AtascaderoMainStreet, Inc., to administer the Downtown Parking & Business Improvement Area funds for downtown improvement activities and-events. Atascadero Main Street received $9,500 fiscal year 2001-2002, $10,500 fiscal year 2002-2003, and $10,500 fiscal year 2003-2004. Analysis: 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 businesses in the downtown area. The .Atascadero Main Street Board of Directors functions as the "advisory board". The report (Attachment I) identifies the proposed improvements and activities for the area, based upon the National Main Street Program's four-point approach. The report does not propose any changes to the area or of the assessment. The Downtown Parking and Business Improvement.Area assessments collected by the City are estimated at approximately $10,500 annually. The recommended action would confirm the assessment and collection of these funds for downtown revitalization activities for 2004-2005. 1 112 ITEM NUMBER: C-1 DATE: 06/08/04 City Code Section 3-11.09 permits the City to enter into an agreement with anagency to expend District revenues consistent with City regulations. The City of Atascadero contracts with Atascadero;Main Street, Inc., to expend the Downtown Parking and Business Improvement Area finds received by the City. The Atascadero Main Street Board of Directors are proposing expenditures for 2004-05 with the Downtown Parking and Business,Improvement Area funds as follows: BIA Funds requested for 2004-2005 $10,500 Carry over from 2003-2004 $ 678 Total Proposed Funding Available $11,178 2004-2005 Proposed Expenditures Signage & Banners $ 2,500 Downtown Art $ 1,000 winter Wonderland Street Fair' $ 4,000 Hot El Camino Nights $ 1,000 Spring Time in the Colony $ 1;600 Sweetheart Stroll (Valentine's Day) 1,000 Total Proposed Expenditures for 2003-04 $11,100 Fund Residual $ 78 The City Council adopted a draft Resolution of Intention on May 27, 2004,:and set a public hearing for June 8,- 2004 to receive public .comment. Following the public. hearing, the Council can adopt a Resolution confirming the report as originally filed or as changed by the Council Adoption of the resolution-constitutes the levying of assessment. FISCAL IMPACT: Downtown Parking and Business Improvement District revenue of approximately $10,500 for fiscal year 2004-2005. ALTERNATIVES: 1. The City Council may not confirm the resolution to levy the assessment, thereby eliminating the revenue and funding of Main Street. 2. The City Council may grant Atascadero Main Street, Inc., the-Downtown Parking and Business Improvement Area assessment funds in an amount lower than recommended. 3. The City Council may redirect the Downtown Parking and Business Improvement Area assessment funds and cancel the contract with Atascadero Main Street, Inc. Alternatives 1,2 and 3 are not recommended because planned downtown revitalization efforts would be reduced or eliminated. 2 113 ITEM NUMBER: C-1 DATE: 06/08/04 ATTACHMENTS: 1. Downtown Parking and Business Improvement Area Report and Proposed Expenditures for 2004-2005 2. Draft Resolution • • 3 114 ITEM NUMBER: C- 1 DATE: 06/08/04 City of Atascadero Downtown Parking and Business Improvement Area Annual Report for Fiscal Year 2004-2005 The California Streets and Highways Code Section 36533 requires the preparation of a report for each fiscal year for which assessments are to be levied and collected to pay the costs of improvementsand activities of the Improvement Area. The report may propose changes, including, but not limited to the boundaries of the parking and business improvement area or any benefit zones within the area, the basis and method of levying the assessments, and any changes in the classification of businesses. There are no boundary changes proposed. The boundaries are more specifically described as follows: From the South corner of Morro Road at the Highway 101 over-crossing then in the generally northwest direction immediately adjacent to Highway 101; to a point, at the intersection of El Camino Real and Rosario Avenue, then easterly along Rosario Avenue, to a point at the intersection of Rosario and Palma Avenue, then easterly along Palma Avenue to the rear lot line of parcels on the east side of Traffic Way, then north along said rear lot lines'to include Lot 24 of Block LA, of Atascadero, then northerly along the center line of Traffic Way, to a point, then easterly to include the presently existing National Guard Armory Property. Then to a point easterly to the intersection of West Mall and Santa Ysabel Avenue at the West Mall bridge, then southerly • along Santa Ysabel Avenue to a point at the intersection of the southerly leg of Hospital Drive and Santa Ysabel Avenue, then easterly from that point to the extension of proposed Highway 41, then southwesterly to the Morro Road/Highway 101 over-crossing, point of beginning: The Atascadero Main Street organization is the advisory body and sub-contractor to the City regarding the downtown Parking and Business Improvement Area. Since 2000, the City,'Community Redevelopment Agency, MainStreet and the community have worked to strengthen the downtown business community,increase the capacity of the Main Street organization and implement the downtown revitalization strategy. Each licensed business in the Improvement Area shall contribute to the assessment. .Activities and improvements in the Downtown Parking and Business Improvement Area are funded by the assessment. The Downtown Parking and Business Improvement Area account has a surplus of$678 to be carried forward from the prior year. • 1 115 ITEM NUMBER: _ C- 1 DATE: 06/08/04 The proposed work plan and budget for fiscal year 2004-2005 is as follows: BIA Funds requested for 2004-2005 $10,500 Carry over from 2003-2004 $ 678 Total Proposed Funding Available $11,178 2004-2005 Proposed Expenditures: Signage & Banners- $_2,500 Downtown Art $ 1,000 Winter Wonderland Street Fair $ 4,000 Hot EI.Camino Nights $ 1,000 Spring Time in the Colony $ 1,600 Sweetheart Stroll (Valentine's Day) 1,000 Total Proposed,Expenditures for 2003-04 $11,100 Fund Residual $ 78 This report shall be filed-with the City Clerk on behalf of the Downtown Parking and Business lmprovement area for fiscal year 2004-2005 • 2 116 ITEM NUMBER: C- 1 DATE: 06/08/04 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONFIRMING DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA ASSESSMENT FOR FISCAL YEAR 2004-2005 WHEREAS, the Atascadero Main Street,Inc.,Board filed a report with the City in accordance with Section 36534 of the Streets&Highway Code of the State of California; and, WHEREAS,the City Council having received the report adopted Resolution declaring intent to levy annual Downtown Parking and,Business Improvement Area assessment pursuant to Section 36534 of said 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 2004-2005; and, WHEREAS, on June 8, 2004, 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 that the City Council of the City of Atascadero does hereby confirm approval of the Section 36534 Report as originally filed and conformation of approval of such report constitutes the levy of an assessment for fiscal year 2004-2005, pursuant to the Streets &Highway Code of the State of California. BE IT FURHER'RESOLVED that the City Council directs staff to make appropriations in the City's budget in accordance with such report. On motion by Council Member , and seconded buy council Member , the foregoing Resolution is hereby adopted following roll call vote: AYES: NOES: ABSENT: ABSTAINED: • l 117 ITEWNUMBER: C- 1 DATE: 06/08/04 ADOPTED: June 8, 2004 CITY OF ATASCADERO Dr. George Luna,Mayor ATTEST: APPROVED AS TO FORINT: By: By: Marcia McClure, Agency Secretary Roy Hanley,City Attorney 2 118 ITEM NUMBER: C-2 DATE: 06/08/04 p 19 1979 Atascadero City Council Staff Report Public Works Department Regional State Highway Account Funds and Downtown Pedestrian Bridge Contract Change Orders RECOMMENDATIONS: Council: 1. Authorize staff to request SLOCOG re-appropriate Regional State Highway Account.(RSHA) Funds previously authorized for the Curbaril;Pedestrian Bridge Project in an amount not to exceed $60,000.00 to the Downtown'Pedestrian Bridge Project. 2 Authorize the Director of Administrative Services to transfer Regional State Highway, Account (RSHA) Fundspreviously authorized for the Curbaril Pedestrian Bridge Project in an amount not to exceed $60,000.00 and to transfer Circulation Impact Fees funds previously authorized for the Lewis Avenue Bridge to the Downtown Pedestrian Bridge Project. 3 Authorize the City Manager to approve Psomas Professional Engineering Services Contract Change Order No. 1 in the amount of $49,475.00 and Morro Group Inc. Environmental Services Contract Change Order No. 1 in the amount of$10,472:00. 4. Authorize the City Manager to approve any additional change orders up to 20 of the amended contract price. 119 ITEM NUMBER: ,C-2 DATE: 06/08/04 DISCUSSION: Background: In 2002, SLOCOG approved $60,000 in Regional State Highway Account (RSHA) funds to be used for project development and design of the Curbaril Pedestrian Bridge. This is a pedestrianbridge across the Salinas River where 5R 41 Bridge used to be. There is no funding budgeted for the construction of the bridge. The City has'started design and environmental for the Lewis Ave Bridge. This bridge is key to downtown circulation and revitalization, as shown in the Circulation Element and the Downtown Revitalization Plan. A component of the Downtown Revitalization Plan and the proposed Colony Square Project is a pedestrian bridge that would link the Sunken Gardens to the new Colony Square Project. Staff has been looking for funding for the design and construction of projects along Atascadero Creek between EI Camino Real and Lewis Ave Bridge. The proposed pedestrian bridge is a key component: Funding of the design and environmental for the downtown pedestrian bridge could be accomplished by transferring the RSHA funds slated for the Curbaril Pedestrian Bridge to this ;project. San Luis Obispo Council of Governments staff;(SLOCOG) has been consulted and requested that the City Council address the issue before it moves to the SLOCOG Board for approval. A pedestrian bridge at this location is of higher importance to the community as a whole and utilization of this bridge would be far greater than the one proposed at Curbaril Avenue. The scopes of the existing Design and Environmental Services Contracts for the Lewis Avenue Bridge can be expanded to include the pedestrian bridge. This would be_a cost effective.and efficient way to get the design completed. On May 24, 2004, Psomas and Morro Group, Inc. provided proposals to expand their services to include the proposed pedestrian bridge. Conclusion: Staff recommends that the City Council authorize staff to request SLOCOG re- appropriate RSHA Funds from the Curbaril Pedestrian Bridge to the Downtown Pedestrian Bridge; authorize the Director of Administrative Services to transfer RSHA Funds from the Curbaril Pedestrian Bridge Project to the Downtown Pedestrian Bridge Project; authorize the City Manager to approve Psomas Charge Order No. 1 and Morro Group, Inc. Change Order No. 1; and authorize the City Manager to approve any additional change orders up to 20% of the amended contract price. 120 ITEM NUMBER: C-2 DATE: 06/08/04 FISCAL IMPACT: � Approval oval of the Contract Change Orders for Psomas and Morro Group, Inc. would result in the expenditure of $59,947.00 in Regional State Highway Account (RSHA) funds. EXPENDITURES Environmental Services Contract $85,794.50 Environmental Services Contract - CCO#1 $10,472.00 Prof. Engineering Services Contract $186,941.50 Prof. Engineering Services Contract CCO#1 $49,475.00 Contingency- 10% $33,268.00 Staff Coordination — 10% $33,268.00 Total Estimated Ex enditure $399,220.00 REVENUES Transportation and Community and System $198,261:00 Preservation' TCSP Funding Regional State Highway Account RSHA $60,000.00 Fund 281 for Design and Construction $400,000.00 Total Revenues: $658,261.00 ALTERNATIVES: 1. Approve the staff recommendations as stated in the Staff Report. 2. Do not approve requesting SLOCOG re-appropriate RSHA funds from the Curbaril Pedestrian Bridge Project to the Downtown Pedestrian Bridge Project, instead research other sources for funding the DowntownPedestrian Bridge; and continue with the preliminary design of the Curbaril Pedestrian Bridge Project. 121