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HomeMy WebLinkAboutAgenda Packet 04/08/2003 CITY OF A TASCADERO 1918 ® 1979 CITY COUNCIL AGENDA TUESDAY, April 8, 2003 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4t" floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. w COUNCIL CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. PUBLIC COMMENT CLOSED SESSION 2. Call to Order a) Conference with legal counsel - Existing litigation (Govt. Code Sec. 54956.9 (a)) 1. Environmental Center of SLO v. City of Atascadero b) Conference with legal counsel (Govt. Code Sec. 54956.9 (c)) 1. Consideration of initiation of litigation against PG&E c) Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: The Printery, 6361 Olmeda Ave. Negotiations will include price and/or terms of payment. 3. Adjourn 4. CLOSED SESSION REPORT 1 REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Council Member O'Malley ROLL CALL: Mayor Clay Mayor Pro Tem Luna Council Member Scalise 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 outgoing Parks and Recreation Commissioners 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.) 1. Parks and Recreation Commission Appointments • City Clerk Recommendation: Council Members Scalise and Pacas each appoint a parks & Recreation Commissioner, and the City Council approve the appointments. [City Clerk] 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.) 2 1. Zone Change 2000-0008"- 6340 Alcantara Ave. (Russell/Sholders) ■ 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 dwelling. ■ Staff recommendation: Council adopt on second reading, by title only, the draft Ordinance enacting Zone Change 2000-0008 adding a PD-7 zoning overlay to an RMF-10 site. [Community Development] 2. Final Map 2003-0050 (Parcel Map AT 03-0065) 8005 EI Camino Real - (TTM 2002-0025) - (Walgreen's) • Fiscal impact: None. ■ Staff recommendation: Council: 1. Accept Final Parcel Map 2003-0050 (Parcel Map AT 03-0065); and 2. Accept offer of dedication for Street Purposes; and, 3. Reject offers of dedication for Pedestrian Purposes without prejudice to future acceptance. [Public Works] 3. Request to Install a Memorial Bench at Atascadero Lake Park - Byles ■ Fiscal impact: None. • Staff recommendation: Council approve a request by Mrs. Dorothy Byles to install a Memorial Bench to memorialize her husband, H. Douglas Byles, at Atascadero Lake Parka[Community Services] 4. Request to Install a Memorial Bench at Atascadero Lake Park- Comar • 0 Fiscal impact: None. ■ Staff recommendation: Council approve a request by Mrs. Louise E. Comar to install a Memorial Bench to memorialize her mother, Mrs. Mildred Comar, at Atascadero Lake Park. [Community Services] 5. Request to Plant a Memorial Tree at Atascadero Lake Park ■ Fiscal impact: None. ■ Staff recommendation: Council approve a request by Mr. Donald Jernigan to plant a Memorial Tree to memorialize John and Ann Capela at Atascadero Lake Park. [Community Services] B. MANAGEMENT REPORTS: 1. Proposed Purchase of Property at Entrance to Stadium Park ■ Fiscal impact: $50,000 from the Tree Mitigation Fund ■ Staff recommendation: Council: 1. Appropriate $50,000 from the Tree Fund to be used to purchase the property currently owned by Mrs. Nellie Kennedy at the entrance to Stadium Park; and, 2. Authorize the Administrative Services Director to make the necessary budget adjustments; and, 3. Authorize the City Manager to execute agreements to implement the purchase with the Atascadero Land Preservation Society. [City Manager] 3 C. PUBLIC HEARINGS: 1. Cost Allocation Plan and Fee Study- Adoption of Cost Recovery Standards and fee Schedules ■ Fiscal impact: Potential for increased revenue. Actual revenue increases are dependent on fees adopted. ■ Staff recommendation: Council: 1. Introduce for first reading, by title only, draft Ordinance amending the Atascadero Municipal Code by adding Chapter 3.32, establishing a fee and service charge revenue/cost comparison system; and 2. Approve draft Resolution setting cost recovery standards and fees schedules for City services. [City Manager] D. JOINT REDEVELOPMENT AGENCY / CITY COUNCIL PUBLIC HEARING: 1. Redevelopment Plan Amendment ■ Fiscal impact: None. ■ Staff recommendation: Council 1. City Council and Redevelopment Agency conduct a joint public hearing; and, 2. City Council introduce for first reading by title only, the draft Ordinance approving Redevelopment Plan amendments. [City Manager] E. COMMITTEE & LIAISON REPORTS: (The following represent standing committees. Informative status reports will be given,as felt necessary.): Mayor Clay 1. Water Committees 2. County Mayor's Round Table Mayor Pro Tem Luna 1. Finance Committee 2. Integrated Waste Management Authority(IWMA) Council Member Scalise 1. Atascadero State Hospital Advisory Board 2. Local Agency Formation Commissions (LAFCO) 3. S.L.O. Council of Governments (SLOCOG)/S.L.O. Regional Transit Authority(SLORTA) 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 4 • F. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager G. 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, Cheryl DeJong, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the April 8, 2003 Regular Session of the Atascadero City Council was posted on April 1, 2003 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 15t day of April 2003 at Atascadero, California. , Jvkj we . • Cheryl DeJong, &puty City Clerk' City of Atascadero • 5 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., in the . Council Chamber of City Hall. 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 (Room 311) and are available for public inspection during City Hall business hours at the Central Receptionist counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461- 5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that;reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Mayor • • Give your name and address(not required) • Make your statement • All comments should be made to the Mayor and Council • 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. 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. DATE: 04/08/2003 :■ Nil i ■ Isis , e Atascadero City Council Marcia McClure Torgerson, City Clerk Parks & Recreation Commission Appointments RECOMMENDATION: Council Members Scalise and Pacas each appoint a Parks & Recreation Commissioner, and the City Council approve the appointments. DISCUSSION: The City Council adopted an ordinance in March 2003 that will be effective April 10, 2003, amending Section 2-9.02 of the Atascadero Municipal Code relating to the appointment of Commissioners. This ordinance states that each Council Member will appoint one Commissioner to each of the Commissions and the whole Council would appoint two members in the same manner as the Council currently makes appointments. The two at-large positions would serve two-year terms commencing the l st of February following the municipal elections held in November of even years. The Parks and Recreation Commission has four positions having terms that expired February 1, 2003. The Council determined that George Luna, Jerry Clay, Wendy Scalise and Becky Pacas would make these appointments. Since the new ordinance does not go into effect until April 10, 2003, the Council Members can appoint Commissioners and then the Council can vote to approve the appointments. Mayor Clay appointed Lou Coppo and Mayor Pro Tem Luna re- appointed Rick Mathews to the Parks & Recreation Commission and the Council voted to approve those appointments at the February 25, 2003 meeting. Council Members Scalise and Pacas asked the City Clerk to advertise for interested citizens. The City Clerk has solicited applications from the members of the public pursuant to State Law. Three applications were received: Paul Dean Coker, William "Sandy" Jack, and Charles "Jay" Sechrist. Copies of the applications were distributed to Council Members Scalise and Pacas. It has been verified by the City Clerk's office that all of the applicants are residents and registered voters in the City of Atascadero. ATTACHMENTS: Completed applications for Paul Dean Coker & Charles "Jay" Sechrist. UU1 RECEIVED Please return to: MAR 0 4 2003 " CITY CLERK r MAR 6500 Palma AvenueCITY OF ATASCADERO� iaiii 4 ise 4 2003 Room 311 CITY CLERKS OrC_ ,1, - 1 Atascadero,CA 93422 \A�SCAn % ity Q, CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION PI aP sP Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: -�U L CC)1«2 RESIDENTIAL LA(OZ f r�l I 1 ADDRESS: 9 S(00 f'1�SC�VL -�11 Home Phone: O' 3-701 MAILING ADDRESS{if different): S la iY1 Work Phone: '�>LA G• 8100 Are you a resident of the City of Atascadero? S How Long? '1zr--LZ 3T Are you a registered voter? Yes No OCCUPATION: LAND EMPLOYMENT: Present or last employer's name, address and phone number. (-Ias-n,e Too C 111-1- MI6 LOP m -�- ZOZ US --M t-J IC sitz wJ 1ZMD G- J Lv r6 rn)?=11sP10 , Position held and length of employment: EDUCATION: m _s. Ake CJ t-r ff � - U N Iy RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: -204- 02 DATE: 04/08/2003 is 19Y8 , 1979 CM Atascadero City Council Marcia McClure Torgerson, City Clerk Parks & Recreation Commission Appointments RECOMMENDATION: Council Members Scalise and Pacas each appoint a Parks & Recreation Commissioner, and the City Council approve the appointments. DISCUSSION: The City Council adopted an ordinance in March 2003 that will be effective April 10, 2003, amending Section 2-9.02 of the Atascadero Municipal Code relating to the appointment of Commissioners. This ordinance states that each Council Member will appoint one Commissioner to each of the Commissions and the whole Council would appoint two members in the same manner as the Council currently makes appointments. The two at-large positions would serve two-year terms commencing the 1St of February following the municipal elections held in November of even years. The Parks and Recreation Commission has four positions having terms that expired February 1, 2003. The Council determined that George Luna, Jerry Clay, Wendy Scalise and Becky Pacas would make these appointments. Since the new ordinance does not go into effect until April 10, 2003, the Council Members can appoint Commissioners and then the Council can vote to approve the appointments. Mayor Clay appointed Lou Coppo and Mayor Pro Tem Luna re- appointed Rick Mathews to the Parks & Recreation Commission and the Council voted to approve those appointments at the February 25, 2003 meeting. Council Members Scalise and Pacas asked the City Clerk to advertise for interested citizens. The City Clerk has solicited applications from the members of the public pursuant to State Law. Three applications were received: Paul Dean Coker, William "Sandy" Jack, and Charles "Jay" Sechrist. Copies of the applications were distributed to Council Members Scalise and Pacas. It has been verified by the City Clerk's office that all of the applicants are residents and registered voters in the City of Atascadero. ATTACHMENTS: Completed applications for Paul Dean Coker & Charles "Jay" Sechrist. U JL RECEIVED C � Please return to: MAR 0 4 2003 ;g ft CITY CLERK " fie °r' MQR O 6500 Palma AvenueCITY OF ATASCADERO - H 4 20� Room 311 CITY CLERK'S OP�ICE 1- iris W is�'8 7 3 Atascadero,CA 93422 \ 51% Pity Q� CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: ��U L �E�I�l CC31«2 RESIDENTIAL LA(OZ f r�' I 1 ADDRESS: q S(DO VL J0 Home Phone: O' 3-701 MAILING ADDRESS(if different): s.p O'l 16 Work Phone: "'Z>U 6. 81(00 Are you a resident of the City of Atascadero? YDS How Long? 7-15- iffN'1" Are you a registered voter? Yes No OCCUPATION: l AN11) EMPLOYMENT: Present or last employer's name, address and phone number: C.�s�Ylo r✓I L "tel�t.aP m�-r Zoe US T-aN K. Utz m )Zeno GztJ LV f6 4D81 s pO , �A Position held and length of employment: 2. `rte-��� EDUCATION: -J�S tZ CA ArT1=_Z'V121' m .s. 43'c G1-1 t-rL)N 1 y OT: NQS QAne__ RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: 2 D -I- YYh �1� 12 I✓C ��S 1 G�1�J UO2 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC • ORGANIZATIONS: Mere-► oi24.mo t 2�-r1 av S t t`1 M t Galt Gov Y�1 i�SS�� '� ltd t2 -9-0 't'yl0i t -fico GLA y,?s _6 40 OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: N 4L.1,Dy5 ��12�S1 G ,t'�'11�'1-1'l"'� liV CA. How did you learn about this vacancy? Newspaper Article Newspaper Ad Community Group Word of Mouth Library City Hall k Place of Employment Other(specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury,that the information on this application and attached supplement are true and correct. Signature: LC, Date: This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations,. Information will be provided by the City Clerk. CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PARKS & RECREATION COMMISSION 1. Please explain why you would like to serve on the Parks & Recreation Commission. —t"O m rz ice= -J�k C 6�m 1 U UT1 Oki _1—p T-,1-1Lr tF (0-F P6�l.-�- LI 1 �-� l tI 2. What is it about the Parks & Recreation Commission that interests you? What qualities, experience and expertise would you bring to the Commission? 11\j 4TI-31D rfNSrtrZ U G-("1 VY1_1l 3. What role does parks and recreation play in maintaining a healthy city? `v 41 Supplemental Questionnaire Parks & Recreation Commission • Page 2 4. How would you see your role as a member of the Commission? Ci u 1 Q�to a�Ltif -- )o SS1 S-rj K_,gr— W 5. In your opinion, what are Atascadero's greatest public recreation needs? • C�'Yt P L�1 �� ��U�T'1� C,�-1��Y� - .-�� 6. What methods should be used to fund Atascadero's public recreation programs and facilities? �� 1, c)(z )C, Supplemental Application • Parks & Recreation Commission Page 3 7. If appointed, what specific goals would you like to see the Commission achieve? �LpL 1-1 O>v Crz rt1 �1 QT:: tlISI�fi 8. If there is additional information you would like to share about yourself, please use the following space provided (optional). S K)O T 1�-!Ut UO 2 � qtr]' LbAID M I C,4-11- � 1 t'J UCYU , D hereby certify that the foregoing information is true and correct. Signature: Date: 0 �3 err cL..�u RECEIVED �SuQ Erna Rvarsare � ssTs- nay r7 Rocros�l MAR 14-2003 • CITY OF ATAbCADERO . CITY CLERIC'S OP`NCE 0TY OF ATASCADERO IIA3AF0, CC1Vt1Wff F_ & COMMISSION A -PLICAT10M Etre atm Yna must alvat tha rrgrtirrxm wanc;wwu at b,"a mWn vd mtzr-.,d resn&e a#the City.vrith IA*aweom at Itotith vrim aro not requWw m be registered voters. 31�nimum m1s ars sit 7a vim, IN out and attar ti-s wAal cues lbe the-M—y�you am ice. NAME. Charles Jay' Sechrist RESiDekITlAL ADDRESS: 1745 El Camino Real,Atascadero Ca. 93422 Horne Phone' 46I-933® MAH.-ING ADDRE5ti or dit cern}.• - Wcrk Phone: 461-•6146 Am you a resident of the City of Atasoadem? Yes How Long? 6 .years " Are you a registered voter? Yes X No OCCUPATION: Deputy Assessor EMPLOYMENT: Present or last employer's name, address and phone nurrberi . Assessor's Office, Coun-t-j of San Luis ab:Lspo County Goverment Center, Roost 100 1 San Luis Obispo, Ca. 93408 Position held and length of employinem: Lead Appraiser -' Real Property. 16 years. Special Properties. EDUCATION: AA decree aC.Cuesta College is Real Estate_ Multiple Appraisal Courses, Extenszve computer sof•tvaxe tra:(-niug :Lu Excell, Microsoft word, Lotus Rotes . Alfa .1V, and others. Educated in all fields of Property Taxation, . Construction Cost Estimating and Designing. RELEVANT TFWNM. EXPERIENCE, CERTIFICATES of TRAINING, LICENSES OR P OF:-PSSIONAL Rt> GISTRATI N, LICENSES; Appraisal & Contractor.. TIPI 3'?S: Advaaced Appraisa3. _____k'ROFESSION�I. REGISTRATIONS: National Man e_mOaut Associatiim In prna req Assc;ciaL�oa o= Assessatza officers. hFERiECE; 12 vex s self� l��_ , Bluepriut Designer, & Coutractor experience in. de- eloping real eszata T�qtr 2,W aro '�d�a doamenW =d am ava�atde for revir,u r rsesgts+a� arr stp. 1 r Ln fftea S ai` kmuesc, t m the Faie Poa=w Practia=vemuwd m, i3fmeara vr�l Se provided by.1-CRY Ckdr. Hoard, Corr mittee.& Commission A{pffcadon Ike 1 f I1V/0LVEMEN 1N COMMUNFN, VOLUNT+t R, FROFtSSiGNAL. AND/OR ACADBIAIC ORGANIZATIONS: Atascadero Youth Basketball Volunteer Coach. I am the Worth County Sexual Harrassment Prevention Coordinator for SLO County. In addition, I am the North County's National Management Association's Liaison. Chairman for the Assessor *Off icd's Canned food Drive.- Employees' Fund Representative for the Assessor's Office. Chairman and coordinator for Operation Santa Clause. OTHER CITY COMMISSIONS, COMM ES OR BOARDS PREVIOUSLY OR CURRE4TLY SERVING ON: I am involved in several vroductive committees; such as, Staff Representative Committee,. Assessor's Office Mission Statement Committee, Assessor's Office Operation Committee, and Real Estate Development Review Committee. Open Space Contract Reviewer for land located in San Luis Obispo County. How did you learn about this vacancy? Newspaper Article Newspaper Ad Community Group Word of Mouth Library City Han X Place of Employment * Other (specify): Please complete the attached suppknwn t d queseannaie Feel free to attach a resume or other kdaz rratbn about yrrur=f. I hereby certify, under, penalty of perjury, that the information on this application and attached • supplement are true and correct. - I i Signature: J111 ate: 3 —1-3 —Q 3 _ j CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE RECREATION ION PARKS & R COMMISSION 1. Please explain why you would.liike to serve on the Parks & Recreation Commission. I would like to help maintain the quality of our City's parks and our City's recreational programs. 2. What is it about the Parks & Recreation Commission that interests you? What qualities, experience and expertise would you bring to the Commission? I want to be involved in the planning and promoting of new recreational facilities . and new recreational programs, as well as supporting and maintaining the facilities and programs that.we have currently. _ As the Chair person for various committees: such as, the San Luis Obispo County Assessor's Office Canned Food Drive program, Christmas Committee Chair person, and the Coordinator for Operation Santa Clause, my experience includes organizing fund. raising events and coordinating group events. In addition these committees have given me experience in leading public minded committees to fulfill their charitable goals. Open Space Contract reviewer for Williamson Act Properties. I will bring to the commission a willingness to listen to all ideas presented to the commission and a desire to apply sound judgment to all the decision that face the commission. 3. What role.does parks and recreation play in maintaining a healthy city? Parks and Recreation provides recreational activities.that promote education and good health. These programs help social development in our community and enhance Atascadero's quality of life. Furthermore, providing recreational facilities increases public enjoyment. Another role of Parks and Recreation is to make our city desirable to live at; therefore, helping to maintain economic stability and growth.. The one role that I _ L appreciate the most is the role that the City has taken to make sport and other activities affordable. X09 Supplemental Questiorinaire Parks & Recreation Commission • Page Z 4. How would you see your role as a member of the Commission? As a member of the commission, I see myself involved in maintaining and improving Atascadero's parks and recreational programs. One of my roles will be to help locate the capital funds needed for improving or expanding our parks. 5. In your opinion, what are Atascadero's greatest public recreation needs? A youth center is needed. Continue to offer affordable athletic activities. A public swimming pool would benefit the community. 6. What methods should be used to fund Atascadero's public recreation programs and facilities? Have fun fundraiser involving the community. Fees. Solicit private contributions. Locate and obtain County, State and Federal Grants. Create partnerships between business and the city, which offer public recreation programs. Promote community involvement in collecting funds. Supplemental Application Parks & Recreation Commission Page 3 7. If appointed, what specific goals would you like to see the Commission achieve? A youth center operating that will provide plenty of fun and entertainment for our young citizens. NIaxitnize the recreational potential of our lake. Lastly, there should be built a strong relationship between our community's seniors and the Parks and Recreation Department that benefits the city; for instance, the seniors could supply help with planning, promoting, or preparing a public event in exchange for limited use of a public facility or program. 8. If there is additional information you would like to share about yourself, please use the following space provided (optional). I hereby certify that the foregoing information is true and correct. Signature:,/-?'/,/ Date: 3 Z.3 "a� ITEM NUMBER: A- 1 DATE: 04/08/2003 • ilia i07e Atascadero City Council Staff Report Community Development Department Zone Change 2000-0008 Single Family Planned Development 6340 Alcantara Avenue (Lorraine Russell / Sholders Land Surveys) RECOMMENDATION: Council adopt on second reading, by title only, the attached draft Ordinance, enacting Zone Change 2000-0008 adding a PD-7 zoning overlay to an RMF-10 site. DISCUSSION: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change request would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) that would allow five (5) new single-family residences to be constructed in addition to the one (1) existing single-family residence. The Tentative Tract Map would create a six (6)-lot subdivision. The project is subject to architectural and landscape standards. The project site is a gently sloped with a seasonal creek traversing the site, with one existing single-family house and numerous native oak and sycamore trees. On March 11, 2003, the City Council conducted a public hearing to consider amendment of the Official Zoning Map of the City of Atascadero. The zone change will amend the Official Zoning Map consistent with the Master Plan of Development for PD-7. 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 dwelling. ATTACHMENTS: Attachment 1: Draft Ordinance u12 DRAFT ORDINANCE i AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2000-0008, AMENDING THE ZONING MAP DISTRICT OF APN 030-029-065 FROM RMF-10 TO RMF-10 / PD-7. (6340 Alcantara Avenue /Russell) WHEREAS, an application has been received from Lorraine Russell (PO Box 257, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential Multi-Family with Planned Development Overlay#7) with the adoption of a Master Plan of Development, and a six lot residential Tentative Tract Map on APN 030-292-065; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0049 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); and, WHEREAS, the site's vested General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the site's vested zoning district is RMF-10 (Residential Multiple-Family); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City and allowing for the creation of common open space areas; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on November 5, 2002, studied and considered Zone Change 2002-0029, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, WHEREAS, the Atascadero City Council, at a Public Hearing held on March 11, 2003, studied and considered Zone Change 2000-0008, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE,the City Council takes the following actions: -3 • SECTION 1. Findings for Approval of a Zone Change Creating a PD-7 planned Development Overlay District. The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification including: (a) no disturbance to the on-site seasonal creek; (b) each unit will have a private yard area that will allow for outdoor recreational opportunities; (c) architectural and landscape features of the project have been designed to enhance the project's appearance and benefit the surrounding neighborhood; (d) much of the paved private driveway will incorporate special paving treatment; and (e) the project will provide one moderate deed-restricted affordable housing unit. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on March 11, 2003 resolved to introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31st day after its final passage. • On motion by Council Member , and seconded by Council Member the foregoing resolution is hereby adopted following roll call vote: . AYES: NOES: ABSTAIN: ABSENT: ADOPTED: By: Jerry L. Clay, Sr., Mayor Attest: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • u15 • Exhibit A: Zone Change Map-ZCH 2000-0008 x 101 10 5 O �a II Official Zoning Map Change APN 030-292-065 • Existing Zone: RMF-10 „ Amended Zone: RMF-10/PD-7 l Y ti n i 4 06 i ITEM NUMBER: A-2 DATE: 04/08/2003 e min:: e ■ i9is i9 s Atascadero City Council Staff Report - Public Works Department Final Map 2003-0050 (Parcel Map AT03-0065) [TTM 2002-00251 8005 El Camino Real (Walgreen's) RECOMMENDATIONS: Council: 1. Accept Final Map 2003-0050 (Parcel Map AT03-0065); and, 2. Accept offer of dedication for Street Purposes; and, 3. Reject offers of dedication for Pedestrian Purposes without prejudice to future acceptance. DISCUSSION: The Planning Commission approved Vesting Tentative Tract Map 2002-0025 on December 17, 2002. The map adjusts seven existing lots of record into two parcels. Pursuant to California Government Code Section 66440 the approving legislative body (City Council) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement or reject, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. Staff recommends accepting the offer of dedication for street purposes and rejecting the offers of dedication for pedestrian purposes. Staff has determined that the Final Parcel Map is consistent with approved Vesting Tentative Tract Map. FISCAL IMPACT: None 4 ATTACHMENTS: Exhibit A: Final Tract Map 2003-0050 (Parcel Map AT03- 0065) 017 ITEM NUMBER: A-2 DATE: 04/08/2003 Exhibit A Final Map 2003-0050(Parcel Map AT03-0065) 8005 El Camino Real Walgreen's l � Ed i F9 1 � llll4 ` n i E T6 O r- c _ - 2 1 i�m 6 i 6 t s O 4 4 R o e i o ?tri rlit z d � =d= - pp•• r �� s p r I ,per V' ITEM NUMBER: A-3 DATE: 04/08/2003 r 1918 1-97-9 Atascadero City Council Staff Report- Community Services Department Request to install a Memorial Bench at Atascadero Lake Park (Byles) RECOMMENDATION: Council approve a request by Mrs. Dorothy Byles to install a Memorial Bench to memorialize her husband, H. Douglas Byles, at Atascadero Lake Park. DISCUSSION: Mrs. DorothyByles, an Atascadero resident, has requested that the Cit of Atascadero rant Y Y g permission to install a bench in Atascadero Lake Park to memorialize her husband, H. Douglas Byles, who recently passed away. The Policy on the Naming of Public Buildings, Parks and Other Public Facilities includes a provision to be followed regarding the recognition of individuals. SECTION II, E. "In addition to the naming of public facilities by using the criteria established above, the City can provide for the recognition of individuals, either deceased or living, by the placement of memorial objects (symbols); such as living trees, public benches, rocks, memorial flagpoles, sculptures, etc., in public facilities. The placement and identification of these recognition symbols will be at the discretion of the Parks and Recreation Commission and the City Council on a case-by-case basis. Staff has identified locations in Atascadero Lake Park for the installation of Memorial benches. (Attachment #II) In addition, specific colors.and construction styles have been determined for Memorial benches. The Parks and Recreation Commission has reviewed and recommended approval of the proposed bench styles and locations. Mrs. Dorothy Byles will cover all costs related to the installation of this bench. UJLU ITEM NUMBER: A-3 DATE: 04/08/2003 On Thursday, March 20, 2003, the Parks and Recreation Commission unanimously recommended to the City Council, approval of a request by Mrs. Dorothy Byles to install a . Memorial Bench at Atascadero Lake Park. FISCAL IMPACT: None. ATTACHMENTS: Attachment I- Letter from Mrs. Dorothy Byles Attachment II-Map indicating the proposed location of the Memorial Bench v20 scadero Parks & Recreati.on F 3f3 consideration fora'bench-- our Arc�u77R_ 4x : s tectural designer, Bzll Hart of Templeton, Y ,� iS working onsuch she_is in'-the bench businessPlans are being drawn fora R : molded cement upright stanchions (no possible x tYieft)with natural lwoodsothe-rwi; e;j7 hapsW a plaque�of designa��on � � � � - � t S EPRE X23 • n� 3+ .bf F d � '„ ax' � � L - -- � SSS - 3 ,sr ac+ l .fc sM _ Atascadero�Parks & Recreation. - _ "Dorothy Byes mesons, Stuartf Chris er „& :. the 4Anta:Memorial LakePark honor'of�m xr a ..� husband and their Eather; H :Douglas. • es - � - Come Saturday Feb 8th aroun-AZA Oy d noon near E-7MVV -0 � y Yles i 3: �� \ O Z �. � � � c V �M� Z '�.' �{}�l'�' .. �tJ� Rte' V LC - - � - (z - .• • � 1. � o . � � �� ��. � II �S. � �� � - £� � f° � � � �. � � � � . � �� � `v�°� .� �� . . ��, � �. YN� �� ,��, -� ��� ITEM NUMBER: A-4 DATE: 04/08/2003 iris � is a Atascadero City Council Staff Report- Community Services Department Request to install a Memorial Bench at Atascadero Lake Park (Comar) RECOMMENDATION: Council approve a request by Mrs. Louise E. Comar to install a Memorial Bench to memorialize her mother, Mrs. Mildred Comar, at Atascadero Lake Park. DISCUSSION: Mrs. Louise E. Comar, an Atascadero resident, has requested that the City of Atascadero grant permission to install a bench in Atascadero Lake Park to memorialize her mother, Mrs. Mildred Comar. The Policy on the Naming of Public Buildings, Parks and Other Public Facilities includes a provision to be followed regarding the recognition of individuals. SECTION II, E. "In addition to the naming of public facilities by using the criteria established above, the City can provide for the recognition of individuals, either deceased or living, by the placement of memorial objects (symbols); such as living trees, public benches, rocks, memorial flagpoles, sculptures,etc., in public facilities. The placement and identification of these recognition symbols will be at the discretion of the Parks and Recreation Commission and the City Council on a case-by-case basis. Staff has identified locations in Atascadero Lake Park for the installation of Memorial benches. (Attachment #11) In addition, specific colors and construction styles have been determined for Memorial benches. The Parks and Recreation Commission has reviewed and recommended approval of the proposed bench styles and locations. Mrs. Louise E. Comar will cover all costs related to the installation of this bench. e ITEM NUMBER: A-4 DATE: 04/08/2003 On Thursday, March 20, 20039 the Parks and Recreation Commission unanimously recommended to the City Council, approval of a request by Mrs. Louise E. Comar to install a Memorial Bench at Atascadero Lake Park. FISCAL IMPACT: None. ATTACHMENTS: Attachment I- Letter from Mrs. Louise E. Comar Attachment II-Map indicating the proposed location of the Memorial Bench G .4 Mr. Brady Cherry Director of Community Services, City of Atascadero 6500 Palma Ave. Atascadero, Ca. 93422 February 19, 2003 Re: Request for Memory Bench approval Dear Mr. Cherry, am writing to you on behalf of the family of Mildred Comar to seek approval of our family's request to place a "Memory Bench" in honor of our mother at a location to be designated around Atascadero Lake. We first discussed this matter with a representative of the city in February, 2001 but before we could finalize our plans a moratorium was placed on the approval of any additional "Memory Benches" in the Lake area until an overall development plan was in place. We are happy now to learn, two years later, that such a plan is now a reality and that the City is re-instituting its program of"Memory Benches" around the lake. We hope that the City will approve our renewed request to place a bench in Mildred Comar's honor at an available location around Atascadero Lake. For the last seven years of her life, our Mother lived in Atascadero. All three of her children and her three grandchildren also resided here. Though the grandchildren are gradually moving away to higher education and employment opportunities, we, Mildred's three children, continue to make Atascadero our home. Our family's roots in this community extend beyond our mother's generation. Her grandfather, Thomas Cashin, established the first 'community' in the Atascadero area known as Cashin, then Eaglet, Paloma and finally Dove. Her family ran a stagecoach station here in the 1870's and her father was born in Dove, now known as Paloma Park. During her years here, our mother continued to pursue her interest in ornithology by coordinating the collection and organization of data in the birding community for the "Breeding Bird Atlas". As part of her effort in that regard she spent much time in the.Atascadero area noting the bird species present and their nesting activities. She also took many lovely photographs of those birds. Atascadero Lake was one of her favorite places to watch for birds and to take photographs. In addition to watching birds, our mother also enjoyed walking her dog Raven around the lake in the early morning hours. We feel that a bench placed around the Lake in our mother's memory would be a wonderful acknowledgment of her love of the Atascadero area, her native roots in here, and her love of spending quiet time in a natural environment. • 625 Our family looks forward to hearing from you. If you have any questions please feel free to contact me as detailed below. I have spoken with Geoff English and @ plan to continue working with him on the details of location and financial arrangements in the hopes that our request will be approved. Thank you for your time and consideration. ySinc rely, Louise E. Comar 4425 Navidad Road Atascadero, Ca. 93422 Work telephone: 781-5869 Home telephone: 466-9678 email: lecomar@pacbell.net cc. Anne Comar Tom Comar Geoff English IN MEMORY OF MILDRED CASH-IN COMAR, 1917-1997 • Mildred Cashin Comar, 79,of Atascadero died at her home on April 21, 1997. At her request no services are planned. Mrs. Comar was born December 26"', 1917 in San Jose California. Her childhood was `t spent on the tennis courts and exploring " tidepools in Pacific Grove, California. She :. attended the University of California at Berkley from 1937 to 1939 during which time she met and married her husband Cyril Lewis Comar. ' Following her husband's career as a scientist and university professor took Mrs. Comar to , -Indiana, Ml_'—iban, Florida and finally to Ithaca, - New York in 1957 where she and her family lived until 1975 when they returned to California ' Mrs. Comar became interested in f . ornithologywhile living in Ithaca and began a g forty-year association with the Laboratory of Ornithology at Cornell University and many other birding and nature conservancy organizations. Her interest took her to locations around the world and her contributions in the field have been many. She co-edited the first local guide to `Girding in the Cayuga Lake Basin", published in 1974. She served as a „.t. volunteer indexer from 1975 to 1994 for the widely distributed publication "Western Birds". A number of her bird song recordings made locally and around the world are part of the ,`�,r `.0 Cornell Laboratory of Ornithology's Library of Natural Sounds and have been used in the National Geographic Society's "Guide to Bird Sounds", an audio CD to be used with the Geographic Society's Field Guide to the Birds of North America. Most recently Mrs. Comar was was a major stop for stages travelling between instrumental in organizing and implementing the the San Francisco and Los Angeles areas. Her San Luis Obispo County Breeding Bird Atlas father, Francis Patrick Cashin was born in Dove, project, a five year effort designed to identify approximately where the softball fields now and locate the breeding bird populations in the stand at Paloma Park. county. Preceded in death by her husband, Mrs. In 1977 Mrs. Comar returned to UC Comar is survived by her three children, Anne Berkley where she completed her Bachelors of Beaman, Louise Comar, and Thomas Comar; Arts degree in Political Science. In 1986 Mrs. sons-in-law John Beaman and Robert Thomas; Comar moved to the San Luis Obispo area. In daughter–in-law M. Lee Perkins; and three doing so she returned to an area well known to grandchildren, Brad Beaman, Vanessa and Tess her family. Her grandfather, Thomas Cashin had Comar all of Atascadero. established the first `community' in the Donations/contributions may be made Atascadero area then known as Cashin, then in her memory to the North Cuesta Audubon Eaglet , Paloma and finally Dove. In the 1870's Society Breeding Bird Atlas Account c/o Louise her family ran the area stagecoach station that Daniel 6350 Navarette, Atascadero, Ca., 93422. l � O [ e V Z vf'V -llkt z � �C k r � ITEM NUMBER: A-5 DATE: 04/08/2003 1918 1 9 Atascadero City Council Staff Report- Community Services Department Request to Plant a Memorial Tree at Atascadero Lake Park (Capela) RECOMMENDATION: Council approve a request by Mr. Donald Jernigan to plant a Memorial Tree to memorialize John and Ann Capela at Atascadero Lake Park. DISCUSSION: Mr. Donald Jernigan, an Atascadero resident, has requested that the City of Atascadero grant permission to plant a tree in Atascadero Lake Park to memorialize John and Ann Capela. The Policy on the Naming of Public Buildings, Parks and Other Public Facilities includes a provision to be followed regarding the recognition of individuals. SECTION II, E. "In addition to the naming of public facilities by using the criteria established above, the City can provide for the recognition of individuals, either deceased or living, by the placement of memorial objects (symbols); such as living trees, public benches, rocks, memorial flagpoles, sculptures,etc., in public facilities. The placement and identification of these recognition symbols will be at the discretion of the Parks and Recreation Commission and the City Council on a case-by-case basis. Staff has identified locations in Atascadero Lake Park for the planting of such Memorial trees. (Attachment#II) Mr. Donald Jernigan will cover all costs related to the planting of this tree. On Thursday, March 20, 2003, the Parks and Recreation Commission unanimously recommended to the City Council, approval of a request by Mr. Donald Jernigan to plant a . Memorial Tree at Atascadero Lake Park. ITEM NUMBER: A-5 DATE: 04/08/2003 FISCAL IMPACT: None. • ATTACHMENTS: Attachment I- Letter from Mr. Donald Jernigan Attachment II-Map indicating the proposed location of the Memorial Tree • • u 3 • i _ 25, 2c03 r�•2cIAns -,Do M� i _ 1 - c ` I � a \ 40 920 2 TREE SYMBOL LEGEND SYMDOL PLiWI N&If ouNli: QUERCUS DOUGLASII \ (BLUE OAK) QUERCUS LOBATA (VALLEY OAK) Q QUERCUS AGRIFOLIA 5 97 8\ / (COAST LIVE OAK) I 6 E--ERQPOSED TREE SITES" 5 rl � t.3 ti ) t f t 4' �t ;�. _.� ~• fes- - - t } _- �� ,,�,,.,7 � ng I<�I lr?5 51 t S4 m> Sr ecocl on S N - � _ Z / F• � � m f "a 33 cl z t slF. } -$ I a=s i TME GtMr= PLANTOMW PLAN w NATIVE "AMEN AREA Y ATA8aAJFER9 LAKE PARK &} ITEM NUMBER: B- 1 DATE: 04/08/2003 isra 19 9 Atascadero City Council Staff Report - City Manager's Office Proposed Purchase of Property at Entrance to Stadium Park RECOMMENDATIONS: Council: 1. Appropriate $50,000 from the Tree Fund to be used to purchase the property currently owned by Mrs. Nellie Kennedy at the entrance to Stadium Park; and, 2. Authorize the Administrative Services Director to make the necessary budget adjustments; and, 3. Authorize the City Manager to execute agreements to implement the purchase with the iAtascadero Land Preservation Society. DISCUSSION: The Atascadero Land Preservation Society (ALPS) is interested in acquiring the Kennedy property, which encompasses the entire entry corridor to Stadium Park. At this time the realtor, Diane Mandela, indicates there is still an accepted offer, contingent upon the developer who wants to purchase the land obtaining a lot split approval from the City. The City has not received a lot split request. As a back-up offer, Mrs. Kennedy has accepted a back-up offer from ALPS as follows: ■ ALPS paid $2000 non-refundable deposit to enter into a six-month escrow to purchase the land for$150,000. ■ ALPS will further demonstrate the viability of the plan by committing to place $50,000 into an escrow account by May 15, 2003. ■ ALPS and ANTA recommend that $50,000 of Tree Mitigation Fund money be committed to this purchase. While ALPS does not have a strong record as a fundraiser, as a good faith effort ALPS proposes that they would raise $25,000 and put it into escrow matching an initial contribution of $25,000 from the Tree Fund. The remaining $25,000 from the Tree Fund would match a second contribution by ALPS. . ALPS would be responsible for raising the final $50,000, or $100,000 in total. ALPS has already raised about $5,000 without any publicity and are confident they can meet the U34 ITEM NUMBER: B- 1 DATE: 04/08/2003 $25,000 goal. ALPS has asked that the $50,000 Tree Fund money be available early for the escrow fund. i ALPS' intention after purchase would be to deed the land to the City of Atascadero. FISCAL IMPACT: $50,000 from the Tree Mitigation Fund. ITEM NUMBER: C- 1 DATE: 04/08/2003 n ' • 1918 ' � 1979 Atascadero City Council Staff Report - City Manager's Office Cost Allocation Plan and Fee Study Adoption of Cost Recovery Standards and Fee Schedules RECOMMENDATIONS: Council: 1. Introduce for first reading, by title only, draft Ordinance amending the Atascadero Municipal Code by adding Chapter 3.32, establishing a fee and service charge • revenue/cost comparison system; and 2. Approve draft Resolution setting cost recovery standards and fees schedules for City services. DISCUSSION: At the City Council meeting of March 11, 2003, the City Council took public comment and reviewed a report on the cost recovery rates for over 125 city services. Revenue and Cost Specialists (RCS), LLC, performed a Cost Allocation Plan and Fee Study for the City and its services (attached to 3/11/03 agenda). A primary goal is to develop a computerized cost and control system for the City, based upon City Council adopted cost recovery policies. The report illustrates the current status of the cost recovery levels for all City services. The report also provides information and guidance for future levels of services and the fairness and appropriateness of its fees. The report shows that the City is subsidizing certain discretionary services by as much as $2,2 million. The report goes on to recommend that the City charge fees for its discretionary services to offset the cost to the General Fund. These savings would be used to support general services used by all of the community, like police and fire. The report recommends service levels based upon the type of service. Council can adjust these levels. ITEM NUMBER: C-1 DATE: 04/08/2003 The recommendation is that there be no subsidy for development services; in other words, development would pay the full cost of any service. In other areas, such as youth sports, a subsidy is recommended based upon the community benefits of the activity. The Cost Allocation Study identifies and determines the actual costs of the services. It categorizes the public services as "community-supported public services" and "personal choice public services" that could be supported by fees. The full cost of the personal choice services is calculated so that everyone is aware of these costs. Informed policy decisions can then be made about subsidizing the services with tax resources. The Cost Allocation Plan becomes a policymaking and accounting tool for the City to improve the reasonableness of our fee structure and efficiency of public service delivery. Staff has reviewed the recommended recovery rates and subsidy levels recommended by the consultant. Where the staff recommends a different fee or recovery rate, it is identified on the schedule (Exhibit A) of the attached draft Ordinance and Resolution for City Council consideration. FISCAL IMPACT: Potential for increased revenue. Actual revenue increases are dependent on fees adopted. • ALTERNATIVES: Amend, modify or reject the Cost Allocation Plan recommendation. ATTACHMENTS: 1. Draft Ordinance 2. Draft Resolution ` G37 • DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,AMENDING THE ATASCADERO MUNICIPAL CODE BY ADDING CHAPTER 3.32 ESTABLISHING A FEE AND SERVICE CHARGE REVENUE/COSH" COMPARISON SYSTEM. The City Council hereby finds and declares as follows: SECTION 1. Chapter 3.32 of the Atascadero Municipal Code is hereby added to read as follows: CHAPTER 3.32 FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM SECTIONS 3.32.010 Findings and Intent • 3.32.020 Delegation of Authority and Direction to Manager 3.32.030 Costs Reasonably Borne Defined 3.32.040 Schedule of Fees and Service Charges 3.32.050 Public Meeting 3.32.060 Provision of Data 3.32.070 Appeal to City Council Section 3.32.010 Findings and Intent (a) Pursuant to Article XIIIB of the California Constitution, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably borne from fees, charges and regulatory license fees levied therefore in providing the regulation, products or services hereinafter enumerated in the Chapter. (b) The fee and service charge revenue/cost comparison system set forth in this Chapter provides a mechanism for ensuring that fees adopted by the City for services rendered do not • exceed the reasonable estimated cost for providing the services for which the fees are charged. (c) The adoption of this Chapter is exempt from the California Environmental Quality Act . (Public Resources Code Sections 21080 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of City department, as set forth in Public Resources Code Section 21080 (b) (8) (1). Section 3.32.020: Delegation of Authority and Direction to Manager (a) The City Manager is hereby delegated the authority and directed to provide documents to the City Council to implement its herein enumerated policy to adjust fees and charges to recover the percentage of costs reasonably borne as established hereby, in providing the regulation, product or service enumerated in this Chapter in the percentage of costs reasonably borne and on the schedule of rate review and revision as hereinafter established in this Chapter. (b) The City Manager is hereby delegated authority to issue Executive Orders defining terms, setting out administrative, fee collection, and financial procedures, definitions, and establishing effective dates of all fees set by the City Council by resolution. All Executive Orders shall be originated and signed by the affected department head, shall be signed by the Finance Director certifying that the financial requirements of this Chapter are complied with, and shall be signed by the City Manager connoting the effective date of the Executive Order and new or revised rate structure, procedure or definition. (c) "Costs reasonably borne" shall be as defined in Section 3.32.030. In adjusting fees and charges, the City Manager shall act in an administrative and ministerial capacity and shall consider only the standards and criteria established by this Chapter, and the procedures set hereby and by applicable State law. All Executive Orders issued hereunder shall comply in all respects with this Chapter, and the several schedules of fees and rates as set by the City Council by resolution. Section 3.32.030: "Costs Reasonably Borne" Defined "Costs reasonably borne," as used and ordered to be applied in this Chapter are to consist of the following elements: (a) All applicable direct costs including, but not limited to salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operation expenses, contracted services, special supplies, and any other direct expense incurred. (b) All applicable indirect costs including, but not restricted to, building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, vehicle expenses, insurance, debt service, and like expenses when distributed on an accounted and documented rational proration system. (c) Fixed asset recovery expenses, consisting of depreciation of fixed assets, and additional fixed asset expense recovery charges calculated on the current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset. A further additional charge to make up the difference between book value depreciation not previously recovered and reserved in cash and • • the full cost of replacement, also shall be calculated and considered a cost so as to recover such unrecovered costs between book value and cost of replacement over the remaining life of the asset. (d) General overhead, expressed as a percentage, distributing and charging the expenses of the City Council, City Attorney, City Manager, City Clerk, Finance Department, Personnel Office, and all other staff and support service provided to the entire City organization. Overhead shall be prorated between tax-financed services and fee-financed services on the basis of said percentage so that each of taxes and fees and charges shall proportionately defray such overhead costs. (e) Departmental overhead, expressed as a percentage, distributing and charging the cost of each department head and his or her supporting expenses as enumerated in subsections a, b, c, and f of this Section. (f) Debt service costs, consisting of repayment of principal, payment of interest, and trustee fees and administrative expenses for all applicable bond, certificate, or securities issues or loans of whatever nature or kind. Any required coverage factors or required or established reserves beyond basic debt service costs also shall be considered a cost if required by covenant within any securities ordinance, resolution, indenture or general law applicable to the City. Section 3.32.040: Schedule of Fees and Service Charges (a) The City Manager, Finance Director and each City department head, under the direction of the City Manager, shall review annually the fees and service charges listed following, and provide an adjusted fee or charge schedule to the City Council for its consideration so as to recover the listed percentage of costs reasonably borne necessary to provide the listed regulation, product or service. Percentage of Costs Reasonably Borne Regulation, Product or Service To Be Recovered I. Development Services: All New Services - At Inception.. ...................... 100% All City Services Listed on Exhibit A (b) A Minimum Fee of$10 shall be charged in all instances except in the cases of numbers 65 • and 68. 1 ® (c) The hereinabove services as listed in this section shall be as defined in that certain document entitled "Cost of Services Study for the City of Atascadero", dated November, 2002, as produced by Revenue & Cost Specialists, LLC, of Fullerton, California. (d) All fees and charges set pursuant to this Chapter and Section shall take effect ten (10) days after the City Manager signs an Executive Order stipulating that all provisions of this Chapter have been complied with, and no written appeal has been filed. (e) The schedule of frequency of rate adjustments may be varied by the City Manager to adjust revenues sufficient to meet debt service coverage requirements, of any bond, certificate, or ordinance, resolution, indenture, contract, or action under which securities have been issued by the City which contain any coverage factor requirement. (f) The City Manager may vary the review schedule listed in the Section if, in the judgment of the City Manager and a directly affected and requesting department head, a gross inequity would be perpetrated by not revising the rate schedule. Any such rate revision which deviates from the review schedule as set herein shall be reported to the City Council at its next succeeding meeting. Section 3.32.050: Statutory Public Meeting Pursuant to California Government Code Section 66016 and 66018, the City Clerk shall cause notice to be provided as set out in Government Code Section 6062a, and the City Council periodically, at least annually, shall receive at a regularly scheduled meeting oral and written i presentations concerning fees and charges proposed to be increased or added. Such notice, oral and written presentation, and public meeting shall be provided prior to the City Council taking any action on any new or increased fees or charges. At least one such public hearing shall be held annually, in conjunction with the City annual budget process and hearing per the requirements of Government Code Section 66018. Section 3.32.060: Provision of Data I Pursuant to the California Government Code, at least ten (10) days prior to the required public hearing set out herein, the City Manager shall make available to the public appropriate data indicating the cost, or estimated cost required to support the fees and charges for which changes are proposed to be made or fees or charges imposed. The City Manager also shall provide a summary of the present fee and charge schedules and those proposed at such annual public hearing. A general explanation of such changes also shall be published per the requirements of Government Code Section 6062a and 66016. Section 3.32.070: Appeal to City Council • v�t • (a) Any person who feels that any fee or charge determined and set is in excess of the percentage of costs reasonably borne to be recovered as set out in this Chapter, or that such fee or charge has been reviewed prior to or has not been reviewed within the review schedule as set out herein, may appeal in writing to the City Council. (b) No fee or charge-for which an appeal has been filed shall take effect until heard by the City Council. Such appeal shall be placed on the agenda of the next ensuing Council meeting after receipt of such appeal, and heard at the next ensuing Council meeting. Such appealed fee or charge shall take effect immediately upon hearing by the City Council unless ordered otherwise by the City Council by ordinance amending this Chapter. SECTION 2. SEVERABILITY If any portion of this Chapter is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Chapter regardless of the absence of any such invalid part. SECTION 3. REPEALER All Ordinances, including Ordinance No. , Municipal Code Sections, Resolutions, City Council Motions, and all actions of all City Boards and Commissions in conflict herewith are hereby repealed. The fees and charges established by this Chapter shall supersede all previously established fees or charges for the same regulation, product or service, and all such previous fees and charges are hereby repealed on the effective date of the Executive Order of the City Manager provided in Section 3.32.040 (d)hereof. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in force thirty(30) days after its passage, SECTION 5. CERTIFICATION This ordinance shall be published one (1) time in the Atascadero News within fifteen (15) days ( ) dY after its adoption. • '42 PASSED, APPROVED AND ADOPTED this 8" day of April, 2003. • Jerry L. Clay, Sr., Mayor City of Atascadero ATTEST: Marcia M. Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney • v43 EXHIBIT A Cao Ca Ask cc r OC N. 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WHEREAS,it is the intention of the City Council to develop a revised schedule of fees and charges based on the City's budgeted and projected costs reasonably borne for the Fiscal Year beginning July 1, 2001; and, WHEREAS,pursuant to California Government Code Section 6062a a general explanation of the hereinafter contained schedule of fees and charges has been published as required; and, WHEREAS, all requirements of California Government Code Section 54994.1 are hereby found to have been complied with; U07 • NOW THEREFORE,O , THE CITY Y COUNCIL OF THE CITY OF ATASCADER® DOES RESOLVE, DETERMINE,AND ORDER AS FOLLOWS: Section 1. Fee Schedule Adoption. The following schedule of fees and charges are hereby directed to be computed by and applied by the various City departments, and to be collected by the City Administrative Services Department for the herein listed special services when provided by the City or its designated contractors. Section 2. Separate Fee for Each Process. All fees set forth by this resolution are for each identified process; additional fees shall be required for each additional process or service that is requested or required. Where fees are indicated on a per unit of measurement basis the fee is for each identified unit or portion thereof within the indicated ranges of such units. A. Added Fees and Refunds. Where additional fees need to be charged and collected for completed staff work,or where a refund of excess deposited monies is due,and where such charge or refund is ten dollars ($10.00) or less, a charge or refund need not be made,pursuant to California Government Code Sections 29373.1 and 29375.1 and amendments thereto. B. Defining and Timing of Fee Schedule. Definitions regarding and the timing of the implementation of the hereinafter enumerated fee schedules shall be as stipulated in Ordinance No. Section 3. Listing of Fees. The following fees shall be charged and collected for the following enumerated services: See Exhibit A Section 4. Interpretations. This Resolution may be interpreted by the several City department heads in consultation with the City Manager and,should there be a conflict between two fees then the lower in dollar amount of the two shall be applied. A. It is the intention of the City Council to review the fees and charges as determined and set out herein based on the City's next Annual Budget and all the City's costs reasonably borne as established at that time and, as and if warranted,to revise such fees and charges based thereon. Section 5. Constitutionality. If any portion of this Resolution is declared invalid or unconstitutional then it is the intention of the City Council to have passed the entire Resolution and all its component parts,and all other sections of this Resolution shall remain in full force and effect. Section 6. Repealer. All resolutions and other actions of the City Council in conflict with the contents of this Resolution are hereby repealed. • Section 7. Effective Date. This Resolution shall go into full force and effect immediately, but shall be subject to the terms and conditions of Ordinance No. Page 3 PASSED, APPROVED, AND ADOPTED this 8th day of April, 2003. Jerry L. Clay, Sr., Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney �iJ� EXHIBIT A Ca0 y� U c a) Ir M M N � c °1 c c c ❑c C v> Q) c N C C C C O C O O O O N O j ON .TN. 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City Council and Redevelopment Agency conduct a joint public hearing; and, 2. City Council introduce for first reading by title only, the draft Ordinance approving Redevelopment Plan amendments. DISCUSSION: As a result of the Strategic Planning sessions held on Januar 28 and 29th 2003 the Cit g g Y y Council and the Redevelopment Agency of Atascadero desire to make amendments to the Redevelopment Plan(Plan) adopted in July 1999. The amendments consist of changes to the following sections of the Redevelopment Plan that were approved and adopted by Ordinance 362 on July 13th 1999 by the Atascadero City Council: Section 350.4 Property Development by Agency; Section 570.4 Loan Agreements between the City and the Agency; Section 570.5 Issuance of Tax Revenue Bonds; and Section 640.0 Procedure for Amending the Redevelopment Plan. Section 700.0 Implementation Plan Approval Analysis: The Agency Board reached consensus at their January 28 and 29th, 2003 sessions that the current adopted Plan has limited the Agency's ability to initiate and progress with redevelopment activities. Amendments proposed to the Redevelopment Plan involve the number of votes required to initiate or conduct redevelopment activities. Currently, each of the sections of the Plan noted above requires the unanimous approval of the Board. At the March 11, 2003 meeting of the Redevelopment Agency, the Board approved amendments to the Redevelopment Plan and scheduled a joint public hearing of the City Council and Redevelopment Agency for April 8, 2003 to consider the approved amendments listed below and adopt Draft Ordinance XX to amend the Redevelopment Plan. U J ITEM NUMBER: D- 1 DATE: 04/08/2003 Section 1. That the Redevelopment Plan shall be amended as follows: Section 350.4 Property Development by Agency; a two-thirds majority vote of the Board shall be required for Agency property development Section 570.4 Loan Agreements between the City and the Agency; shall require a majority vote of the Board; and, Section 570.5 Issuance of Tax Revenue Bonds; and shall require a majority vote of the Board; and, Section 640.0 Procedure for Amending the Redevelopment Plan shall require a two-thirds majority of the Board to amend the Redevelopment Plan Section 700.0 Adoption or amendment to the Five-Year Implementation Plan shall require a majority vote. Section 710.4 Expand the use of Housing Set-Aside funds to include development of new, affordable units. Attachment 1 provides the text of the pertinent sections of the plan approved for amendment by the Redevelopment Agency and respectively highlights the current and proposed language as it pertains to Board approval requirements. The proposed changes have been deemed "minor changes"by Agency legal counsel because they do not involve changes to the boundaries of the Project Area or ones that "affect the local taxing agencies". Therefore, review by the Planning Commission, environmental documentation, and a re-certification of the findings of blight are not required. The proposed amendments and the process governing such amendments are in conformance with California Health and Safety Code ("HSC") §33450-33458. The proposed Plan amendment and public hearing have been duly noticed per HSC §33450-33458. Approval of the proposed amendments to the Plan by joint conduct of the City Council and Agency will amend Atascadero City Ordinance 362 and adopt and approve draft Ordinance XXX (Attachment 2) amending the Redevelopment Plan. Under the current Plan as described in Section 640, approval of amendments require the unanimous approval of the Agency and Council. FISCAL IMPACT: None. 674 ITEM NUMBER: D- 1 DATE: 04/08/2003 • ALTERNATIVE: 1. Direct staff to amend other Sections of the Redevelopment Plan and reflect those additions or deletions in the final draft Ordinance. ATTACHMENTS: 1. Redevelopment Plan Text and Proposed Amendments 2. Draft Ordinance L7 ATTACHMENT 1 I • ARTICLE I INTRODUCTION Section 100 - AUTHORITY FOR PLAN This Redevelopment Plan (hereinafter referred to as the "Plan") for the City of Atascadero Redevelopment Project has been prepared by the Redevelopment Agency of the City of Atascadero. The Plan has been prepared in conformance with the California Community Redevelopment Law, California Health and Safety Code Section 33000 et. seq., and with all other applicable laws and ordinances effective as of the date of adoption of the Plan. The contents of this Plan include the text set forth in the following sections,a Redevelopment Plan Map(Appendix A),a legal description and map of the Redevelopment Project Area(Appendix B),and a summary of public improvements and other activities which may be undertaken by the Agency in conformance with this Plan(Appendix C). Section 110 - DEFINITIONS As used in this Plan,the following terms, unless otherwise noted, are defined to mean: 110.1 "Project Area"means the Project Area,as depicted on the Map and the Legal Description for said area, attached hereto as Appendix `B". 110.2 "Agency"means the Atascadero Redevelopment Agency. 110.3 "Area Median Income"means the median household income of a geographic area of the State as adjusted for family size as annually estimated by the United States Department of Housing and Urban Development or, in the event such determinations are discontinued, income limits published by the State Department of Housing and Community Development (Health and Safety Code Section 50093). 110.4 "City Council"means the City Council of the City of Atascadero, California. 110.5 "Days" means calendar days, except when the last day falls on a Saturday, Sunday or legal holiday, in which case the following day is included. 110.6 "Downtown" means the area within the Project Area generally bounded by Highway 101, Highway 41, Bajada Avenue and Rosario Avenue. 110.6 "City"means the City of Atascadero, California. • Redevelopment Plan-Final July, 1999 City of Atascadero Redevelopment Project Page I �'' r b • 110.7 "Legal Description"means a description of the land within the Project Area in accordance with map specifications approved by the California State Board of Equalization, attached hereto as Appendix `B". 110.8 "Low or Moderate Income"means persons and families whose income does not exceed the limits set forth in Health and Safety Code Section 50093. 110.9 "Map" means the Redevelopment Plan Map, attached hereto as Appendix "A". 110.10 "Occupant"means the persons,families,or businesses holding possession of a building or part of a building. 110.11 "Project Area" means project area, as depicted on the Map and the Legal Description for said area, attached hereto as Appendix "B". 110.12 "Participant" means any person, legal or natural, who holds fee title to property in the Project Area. 110.13 "Person"means any individual or any public or private entity. 110.14 "Plan"means the Redevelopment Plan for the Atascadero Redevelopment Project. • 110.15 "Planning Commission" means the Planning Commission of the City of Atascadero, California. 110.16 "Real Property"means land;buildings,structures,fixtures and improvements on the land; property appurtenant to or used in connection with the land; and every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way,terms for years, and liens,charges,or encumbrances by way of judgement,mortgage or otherwise,and the indebtedness secured by such liens. 110.17 "Redevelopment Law" means the Community Redevelopment Law of the State of California(California Health and Safety Code, Section 33000 et. seq.), as to date. 110.18 "State"means any State agency or instrumentality of the State of California. 110.19 "Substantially Rehabilitated"means multi-family rented dwelling units with three or more units, single family dwelling units rehabilitated with Agency assistance where such rehabilitation constitutes at least twenty-five percent of the after-rehabilitation value of the dwelling unit, inclusive of land value. 110.20 "Tenant" means a person or group of persons who rent or otherwise are in lawful possession of a dwelling or business,including a sleeping room which is owned by another. • Redevelopment Plan-Final July, 1999 0 pip P-1 City of Atascadero Redevelopment Project Page 2 6 9 110.21 "Very Low Income" means persons and families whose incomes do not exceed the • qualifying limits for very low income families established pursuant to Section 8 of the United States Housing Act of 1937 or,in the event such federal standards become obsolete, persons and families whose incomes do not exceed the appropriate limits as set forth in Health and Safety Code Section 50105. Section 120 - PROJECT AREA BOUNDARIES The boundaries of the City of Atascadero Redevelopment Project Area are depicted on the Map attached to, and incorporated in,this Plan as Appendix"A". A legal description of the Project Area boundaries is attached to, and incorporated in, this Plan as Appendix `B". • Redevelopment Plan-Final July, 1999 City of Atascadero Redevelopment Project Page 3 Lr • ARTICLE 2 GOALS, OBJECTIVES, PRIORITIES, REQUIREMENTS AND PROCEDURES OF THE REDEVELOPMENT PLAN Section 200 - GENERAL DISCUSSION Article 2 of the Plan generally establishes the goals objectives,and priorities of the Redevelopment Project and describes in broad terms the types of land uses and development standards which will be promoted in the Project Area. Since the Redevelopment Agency is a separate legal entity from the City of Atascadero, it is appropriate for the Agency to establish general standards and controls for construction and development activities which are proposed to take place in the Proj ect Area. For administrative ease and consistency, this section of the Plan adopts by reference City standards as found in the City General Plan, Zoning Ordinance, and various other building and development-related codes. The Agency may adopt a process for administrative review to ensure that various redevelopment activities conform to the adopted standards. The Agency and the City are using the same standards. This generally assures that applicants for planning approvals and for building permits will be able to proceed as if the Agency did not exist as a separate entity as long as the development conforms with . the Plan. Section 210 - OBJECTIVES OF THE REDEVELOPMENT PLAN The Project Area includes a number of conditions which are specified in the California Health and Safety Code as characteristics of blight. The goal of this Plan is to eliminate such conditions of blight by providing needed public improvements; by encouraging rehabilitation and repair of deteriorated structures;by facilitating land assembly and development which will result in housing opportunities,employment opportunities and an expanded tax base;and by promoting development in accordance with the City General Plan. The goal of the Redevelopment Plan is the revitalization of the Downtown. In pursuing attainment of this goal, overall objectives for the Redevelopment Plan are: 210.1 The assembly of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation. 210.2 The provision of opportunities for participation by owners and tenants in the revitalization of their properties. 210.3 The provision of adequate land for parking and open space. • Redevelopment Plan-Final July, 1999 " City ofAtascadero Redevelopment Project Page 4 e 9 210.4 The establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity. 210.5 Expansion and diversification of the community's economic and employment base,through the facilitation of more year-round employment opportunities, including industrial development and expansion, the removal of incompatible land uses, and the installation of public infrastructure. In addition to the Downtown area, the Agency may participate in projects for the purposes of achieving this objective in the industrial area located east of Lewis Avenue, south of Traffic Way and north of Atascadero Creek and west of Rosario/railroad tracks. 210.6 Improvement and revitalization of the downtown. 210.7 Increasing the capture of potential commercial trade. 210.8 Improvement of traffic circulation consistent with the General Plan. 210.9 Expansion and/or improvement in the quality of the community's existing housing stock for low- and moderate-income persons, through rehabilitation, reconstruction programs. 2 10.10 Improvement of historical infrastructure deficiencies consistent with goals of the Plan including street pavement, curb, gutter, sidewalk, sewer,water and storm drainage. 210.11 Creation/enhancement of recreational and cultural opportunities available to the residents of the Project Area and of the community at-large,including enhancement of Atascadero Lake Park. 210.12 Enhancement of the community facilities available to residents of the Project Area-and supportive of the local population at-large including the expansion of the Atascadero Library. 210.13 Elimination of incompatible land uses. 210.14 Transition of obsolete land uses or uses causing the under-utilization of the underlying land, and assembly of properties to best meet current market needs. 210.15 Elimination or mitigation of other existing blighting conditions and influences, including incompatible and uneconomic land uses,obsolete or substandard structures,inadequate and deteriorated public facilities, and/or small, multiple ownership, irregular or landlocked parcels. 210.16 Protection of significant historical buildings, including, but not limited to the City Administration Building and the Colony House. • Redevelopment Plan-Final July, 1999 City ofAtascadero Atascadero Redevelopment Project Page 5 • Specific prospective projects contemplated by the Agency to attain the objectives of the City of Atascadero Redevelopment Plan are described in Appendix "C" attached hereto, and by this reference, made a part hereof. Section 220 - CONFORMANCE TO THE CITY'S GENERAL PLAN All uses proposed in this Plan, or any amendments to this Plan, or any other plans that may be adopted by the Agency, shall be in conformance with the General Plan of the City. In its present form,the Plan is fully consistent with all applicable elements and provisions of the General Plan.As the General Plan is amended from time to time,the Redevelopment Plan map shall automatically be so amended . All requirements of the City Zoning Ordinance shall apply to all uses proposed hereunder. The Agency,after consultation with the Planning Commission,may,by resolution,adopt specific plans for all or any portion of the Project Area which establish architectural controls,heights of buildings, land coverage, setback requirements, traffic circulation, traffic access, sign criteria and other development and design controls consistent with this Plan and necessary for proper development of both private and public areas within the Project Area. These controls may not reduce or eliminate requirements of the appropriate zone classification of the City Zoning Ordinance. All such specific plan or design regulations shall be administered according to applicable city regulations to eliminate multiple levels of design review. Section 230 - PROJECT AREA LAND USES The Redevelopment Plan Map attached hereto as Appendix"A",in addition to depicting the location of and prescribing the boundaries of the Project Area, also illustrates the proposed land uses to be permitted in the Project Area, including public rights-of-way, public easements, and open space. These uses correspond to uses prescribed in the Land Use Element of the City of Atascadero General Plan and other General Plan and Zoning Ordinance designations of the City of Atascadero. They are summarized in the following paragraphs: 230.1 "Residential" Uses. Areas designated on the Map as Residential shall be developed in accordance with the applicable standards for residential uses as provided for in the General Plan of the City of Atascadero. 230.2 "Commercial/Office"Uses. Areas designated on the Map as Commercial shall be developed in accordance with the standards for each such use as described in the General Plan of the City of Atascadero. 230.3 "Industrial" Uses. Areas designated on the Map as Industrial shall be developed in accordance with the standards for such uses as described in the General Plan of the City of Atascadero. • Redevelopment Plan-Final July, 1999 p City of Atascadero Redevelopment Project Page 6 230.4 "Other" Uses. Areas designated on the Ma as Public g p /Quasi-Public and Recreation/ • Conservation shall be developed in accordance with the standards for such uses as described in the General Plan of the City of Atascadero. Section 240 - OTHER LAND USES FOR THE PROJECT AREA Section 33333 of the Community Redevelopment Law requires that a redevelopment plan contain a description of the general layout of streets for the Project Area,as well as a description of property to be devoted to public purposes and the nature of such purposes. 240.1 Public Street Layout, Rights-of-Way and Easements. The public rights-of-way,easements, and principal streets proposed or existing in the Project Area are shown on the Map included as Appendix "A". Such streets and rights-of-way may be widened, altered, realigned, abandoned, vacated, or closed by the Agency and the City as necessary for proper development of the project. Additional public streets,alleys,and easements maybe created by the Agency and the City in the Project Area as needed for proper circulation, in accordance with the adopted General Plan Circulation Element. The public rights-of-way shall be used for vehicular and pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. In addition, all necessary easements for public facilities and public utilities may be retained and/or created. 240.2 Public and Quasi-Public Uses and Facilities. In any portion of the Project Area,the Agency is authorized to permit the establishment or enlargement of public,semi-public,institutional, or nonprofit uses. All such uses shall conform,so far as possible,with the provisions of this Plan applicable to the uses in the area involved. 240.3 Nonconforming An existing use may remain in an existing building which is in good condition when such use does not conform to the provisions of this Plan,provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The owner of such a property may enter into a participation agreement and agree to the imposition of such reasonable restrictions as may be necessary to protect the development and use of the Project Area. The Agency may authorize additions, alterations, repairs or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project Area where, in the determination of the Agency, such improvements would be compatible with surrounding Project uses and development. • Redevelopment Plan-Final July, 1999 0 City ofAtascadero Redevelopment Project Page 7 Section 250 - GENERAL DEVELOPMENT REQUIREMENTS i The following requirements shall be applicable generally to all property, and development of such property, located within the boundaries of the redevelopment Project Area. 250.1 Conformance with the Redevelopment Plan. All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the provisions of this Plan. Such conformity shall be ensured through the application of City General Plan requirements, zoning requirements, building codes and other development regulations as may be adopted by the City or Agency in a manner consistent with the application of such regulations outside the Project Area. 250.2 New Construction. All construction in the Project Area shall comply with and meet or exceed all applicable State and local laws in effect as from time to time, including, but not necessarily limited to:Zoning,Building,Electrical,Mechanical,and Plumbing Codes of the City of Atascadero. In addition, specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities in the Project Area, following appropriate public review and adoption of standards. 250.3 Rehabilitation and Retention of Properties. Any existing structure within the Project Area which is specifically approved by the Agency for retention and rehabilitation may be repaired, altered, reconstructed, or rehabilitated in such a manner that it will be safe and sound in all physical respects and not detrimental to the surrounding uses. In addition to applicable development standards, property rehabilitation standards for rehabilitation of existing buildings and site improvements may be established by the Agency. 250.4 Limitations on Type, Size, Height, Number, Proposed Use of Buildings, and Number of Dwelling Units. The type, size,height,number,proposed use of buildings, and number of dwelling units shall be consistent with the City of Atascadero General Plan, the City of Atascadero Zoning Ordinance,any specific plan,or other requirements that may be adopted pursuant to this Plan. The number of dwelling units in the Proj ect Area shall not exceed the number permitted under the City's General Plan. Section 260 - SPECIFIC DEVELOPMENT PROCEDURES 260.1 Review of Applications for Building Permits. Upon the adoption of this Plan by the City Council and Agency after public hearing, no permit shall be issued for the construction of any new building or any addition to an existing building in the area covered by this Plan until the application for such permit has been processed in the manner herein provided. Any permit that is issued hereunder must conform to the provisions of this Plan. All applications for permits shall be made and processed in a manner consistent with all City requirements, The Agency shall be notified of pending development applications and shall have the right of • Redevelopment Plan-Final July, 1999 6� 3 City ofAtascadero Redevelopment Project Page 3 comment on such plans. The City and Agency shall work cooperatively to jointly ensure the implementation of the General Plan and the Redevelopment Plan. . 260.2 Variations. Minor variations from the limits, restrictions, and controls established by this Plan may be authorized. In order to permit such minor variations, the Agency must determine that: 1. The strict application of the provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan. 2. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not generally apply to other properties having the same standards, restrictions, and controls. 3. Permitting a minor variation will not be materially detrimental to the public welfare or injurious to the property or improvements within or outside the Project Area. 4. Permitting a minor variation will not be contrary to the objectives of this Plan or of the General Plan of the City. No such minor variation shall be granted which permits substantial departure from the provisions of this Plan. In permitting any such minor variation,conditions may be imposed which are necessary to protect the public health,safety,or welfare,and to assure compliance with the purpose of this Plan. Nondiscrimination and nonsegregation clauses shall not be subject to minor variation. Variation permitted under this section shall be considered and reviewed in a manner consistent with development regulations which are applied outside of the Project Area through City design review,conditional use permits;variances,changes in zoning requirements, etc. The Agency shall be notified of all projects and have rights of comment. Agency and City shall cooperate in such review to the maximum degree possible. • Redevelopment Plan-Final July, 1999 City of Atascadero Redevelopment Project Page 9 v U • ARTICLE 3 TECHNIQUES TO ACHIEVE REDEVELOPMENT OBJECTIVES Under existing law,a redevelopment plan is essentially an authorization document,setting forth the scope and types of activities which the Agency will be permitted to undertake, or alternatively,the nature of and manner in which certain activities must be undertaken, in pursuit of the attainment of local redevelopment objectives. Redevelopment Law generally specifies that a redevelopment agency should only undertake projects which would not occur without the involvement or assistance of the Agency. This means that an Agency, in the course of its activities, will focus on those projects which cannot be achieved by private enterprise or by local municipal government acting alone,because such projects are outside the legal authority or beyond the financial capacity of such entities. In order for a redevelopment agency to successfully undertake projects which cannot be achieved by private enterprise or by local municipal government,it is necessary for the Agency to have certain"tools"with which to operate. The tools which redevelopment agencies may use in implementing redevelopment in a community are specifically set forth in Redevelopment Law. The following section both authorizes and limits the use of these tools by the Atascadero Redevelopment Agency in implementing the Plan for the Atascadero Redevelopment Project. Section 300 SUMMARY To attain the objectives of this Plan,the Atascadero Redevelopment Agency is authorized to use all the powers provided in this Plan and all the powers now or hereafter permitted by law, and to undertake the following implementation actions: 300.1 Provision for participation by owners and tenants of properties located in the Project Area and extension of preferences to business occupants and other tenants to remain or relocate within the redevelopment area; 300.2 Acquisition of real property and management of property under the ownership and control of the Agency; 300.3 Relocation assistance to displaced Project Area occupants; 300.4 Demolition or removal of buildings and improvements; 300.5 Installation,construction,or reconstruction of streets,utilities,open spaces and other public improvements and facilities; 300.6 Disposition of property for uses in accordance with this Plan; • Redevelopment Plan-Final July, 1999 City of Atascadero Redevelopment Project Page 1 0 300.7 Development and redevelopment of land by private enterprise and public agencies for uses in accordance with this Plan; . 300.8 Rehabilitation of structures and improvements by present owners,their successors,or the Agency; 300.9 Rehabilitation of low and moderate income housing within the community; and 300.10 Assembly of adequate sites for the development and construction of commercial/industrial facilities. Section 310 - PARTICIPATION BY OWNERS AND TENANTS It is the intent of the Agency to give preferential treatment to existing owners of residential,business and other types of real property in the Project Area for participation in the redevelopment of the area. 310.1 Conforming Owners. The Agency may determine that certain real property within the Project Area presently meets the requirements of this Plan,and the owners of such properties will be permitted to remain as conforming owners without a participation agreement with the Agency,provided such owners continue to operate,use and maintain the real property within the requirements of this Plan. The Agency shall,upon the request of such conforming owner, issue to that owner, in a form suitable for recordation, a Certificate of Conformance which shall provide in substance that the property conforms to the requirements of this Plan on the date of the certificate's issuance. The Agency may also determine that certain real property within the Project Area is in substantial conformance with the requirements of this Plan,and the owners of such property may be allowed to remain as conforming owners,except that such owners may be required to bring their property, to the extent possible, into greater conformance with this Plan. "Substantial conformance" shall mean the absence of blighting conditions identified in the Report to Council adopted with the Plan. Such Certificates of Conformity may be limited to a fixed term and may contain conditions. Any real property owned by conforming owners outside of designated conforming parcels within the Project Area shall be considered and treated in the same manner as real property owned by other owners; that is, such property may be subject to a participation agreement with the Agency. 310.2 Participation Opportunities for Owners. Persons who are owners of real property in the Project Area shall be given the opportunity to participate in redevelopment by retaining all or a portion of their properties and developing or improving such property for use in accordance with this Plan,by acquiring adjacent or other properties in the Project Area and developing or improving such property for use in accordance with this Plan, or where the Agency deems appropriate, by selling their properties to the Agency and purchasing other property or properties in the Project Area. • Redevelopment Plan-Final July, 1999 City of Atascadero Redevelopment Project Page I P v 0 6l The Agency specifically intends to limit its acquisition of real property to those properties which are essential to accomplishing the objectives of this Plan. Persons who own property within the Project Area shall be afforded ample opportunities to retain and develop or rehabilitate their properties consistent with the objectives of this Plan. 310.3 Re-Entry Preferences for Tenants. The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to participate in the redevelopment of the Project Area or to re-enter in business within the Project Area if they otherwise meet the requirements prescribed in this Plan. The Agency shall also extend reasonable preferences to Project Area residents to re-enter within the redevelopment area if they otherwise meet the requirements prescribed in this Plan. Business,residential,institutional and semi-public tenants shall be permitted, if they so desire, to purchase and develop real property in the Project Area if they otherwise meet the requirements prescribed in this Plan. 310.4 Rules for Participation Opportunities. Participation opportunities shall necessarily be subject to and limited by such factors as the land uses designated for the Project Area,the provision of public facilities, construction, widening or realignment of streets, the ability of Participants to finance acquisition and development of structures in accordance with this Plan, or any change in the total number of individual parcels in the Project Area. In order to provide an opportunity to owners and tenants to participate in the growth and development of the Project Area, the Agency has promulgated rules for owner and tenant participation. If conflicts develop between the desires of Participants for particular sites or land uses,the Agency is authorized to establish reasonable priorities and preferences among the owners and tenants. Some of the factors to be considered in establishing these priorities and preferences may include present occupancy, Participant's length of residency or occupancy in the area,accommodation of as many participants as possible, similar land use to similar land use,necessity to assemble sites,conformity of Participants'proposals with the intent and objectives of this Plan,and Participant's ability to finance the implementation and development experience. In addition to opportunities for participation by individual persons and firms,participation,to the extent it is feasible, shall be available for two or more persons, firms, or institutions to join together in partnerships, corporations, or other joint entities. The Agency may require Participants to enter into binding agreements with the Agency by which Participants agree to develop, rehabilitate, or use and maintain the property in conformance with this Plan and be subject to the provisions in the participation agreement. In such agreements, Participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of the agreement applicable to their properties. Whether or not a Participant enters into a participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area. i Redevelopment Plan-Final July, 19990 City ofAtascadero Redevelopment Project Page 12 In the event a Participant fails or refuses to rehabilitate, develop, use and maintain his real • property pursuant to this Plan, despite Agency's efforts to assist the owner through a participation agreement, the real property, or any interest therein, may be acquired by the Agency,in conformance with State property acquisition and tenant relocation guidelines and the payment of just compensation, and subsequently sold or leased for rehabilitation or development in accordance with this Plan. Stiction 320 - PROPERTY ACQUISITION AND MANAGEMENT 320:1 Acquisition of Real Property. The Agency mayacquire,but is not required to acquire, any real property located in the Project Area by gift, devise, exchange,purchase, or'any other lawful method including eminent domain. However, eminent domain shall not be used for any of the following: a) property zoned residential,according to the Ataseadero Zoning Ordinance, b) property used for residential purposes, c) property that is aconforming use as defined by the Atascadero General Plan and the Atascadero Zoning Ordinance. The Agency is authorized to acquire structures without'acquiring the land upon which those- structures hosestructures are located. The Agency is also authorized to acquire any other interest in'real property less than fee title.Condemnation proceedings must be commenced within 12 years from the effective date of the ordinance adopting the Plan. Eminent domain shall only be used as a last resort,and shall require the unanimous vote of AgencyBoard members eligible and qualified to vote. Through the, adoption of this Plan, the Agency has not designafied and/or identified-any particular parcel of property or properties to be acquired through eminent....domain,' In the event that MO determined that a particular portion`of any real properly`is required pursuant to the conditions stated above,for the above stated uses,then the power of eminent domain shall not be exercised untila public hearing has been held before the Agency,with written notice of the said hearing given to all affected property owners as may be indicated on the latest tax assessment records, not less than sixty(60)days prior to said hearing: Prior to any acquisition through eminent domain, the Agency shall adopt a resolution declaring a need to acquire any specific property thereunderhre _within'te(3)years after the date of adoption of the resolution declaring such need: Thereafter,the Agency shal1-declare theproperty to be exempt from acquisition 13y eminent domain. Thirty:days prior',to the acquisition of reaLproperty'other than by eminent domain, the Agency shall provide notice of such acquisition and the provisions of this section to holders of interests which would be made void and unenforceable pursuant to this section as follows: • Redevelopment Plan-Final July, 1999 City of Atascadero Redevelopment Project Page 13 a.. The Agency,shall publish notice once in a newspaper ofgeneral'circulation in the communi in which"the A enc is functioning.' �Y g Y g b. The Agency shall mail notices to holders of such interests if such holders',appear on record sixty,(6%'d 4yg prior to the date of acquisition. The Agency may accept any,release by written instrument from the holder of any such interest,or may commence action to acquire such interest,after the:date of the acquisition of the real property.' 320.2 Communit�Input Prior to Property Acquisition by the Agency. Except for those properties which are found to be necessary for the development and implementation of ultimate street right of way and utility improvements,the Agency shall conduct a public hearing with notice of same given by publication in a general circulation newspaper for a period of not less than ten (10) days prior to the hearing. Said public hearing shall be scheduled to discuss the merits of such acquisition and plans for redevelopment. The Agency shall encourage the input, recommendations, and comments from the community and interested citizens and groups involved in any such acquisition or development proposals. 320.3 Acquisition of Personal Property. Generally, personal property shall not be acquired. However,where necessary for the execution of this Plan,the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain. 320.4 Property Management. During such time as property,if any, the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be maintained, managed, operated, repaired, cleaned, rented, or leased to an individual, family, business, or other appropriate entity by the Agency, pending its disposition for redevelopment. The Agency shall maintain in a reasonably safe and sanitary condition all Agency-owned ro ert that is not to be demolished. Furtherm property y ore,the Agency may insure against risks or hazards, any of the real or personal property which it owns. Section 330 - RELOCATION OF PERSONS FAMILIES AND BUSINESSES 330.1 Relocation Assistance. Relocation assistance will be furnished by the Agency to any person (either owners or renters) or business concern displaced by the Project. No person shall be displaced by the Project unless replacement housing is available in areas not generally less desirable with regard to public utilities, public and commercial facilities, and reasonably accessible to the place of employment, at rents or prices within the financial means of such persons, and the replacement dwelling unit is decent, safe and sanitary. 330.2 Relocation Plan. Prior to implementing a project that will relocate persons,the Agency shall prepare a feasible plan for relocation of all the following which might be impacted by the redevelopment project: • ,7 Redevelopment Plan-Final July, 1999 P City of Atascadero Redevelopment Project Page 14, a. Families and persons to be temporarily or permanently displaced from housing facilities in the Project Area. b. Nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Project Area. The City Council shall ensure that the Agency's plan for the relocation of families or single persons to be displaced by a project shall provide that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace such person or family until such housing units are available and ready for occupancy. 330.3 Relocation Payments. The Agency shall make relocation payments to qualified persons (including individuals and families), businesses and others displaced by the project. Such relocation payments shall be made pursuant to the California Relocation Assistance Law (Government Code Section 7260 et seq.)and Agency rules and regulations adopted pursuant thereto, and guidelines promulgated by the State Department of Housing and Community Development. In addition,the Agency may make any additional relocation payments which, in the Agency's opinion,may be reasonably necessary to carry out the purposes of this Plan. These additional payments shall be subject to the availability of funds for such purpose. Section 340 - DEMOLITION, CLEARANCE, SITE PREPARATION, PROJECT IMPROVEMENTS AND PUBLIC IMPROVEMENTS 340.1 Demolition and Clearance. The Agency is authorized to demolish and clear or move, or cause to be demolished and cleared or moved,buildings,structures,and other improvements from any city-owned, Agency owned or privately owned real property in the Project Area pursuant to a redevelopment agreement as necessary to carry out the purposes of this Plan. 340.2 Building Site Preparation. The Agency is authorized to prepare, or cause to be prepared,as building sites any real property in the Project Area owned by the Agency. 340.3 Project Improvements. Pursuant to Section 33421 of the California Community Redevelopment Law, the Agency is authorized to install and construct, or to cause to be installed and constructed, project improvements and public utilities necessary to carry out this Plan. Such improvements include, but are not limited to, streets, curbs, gutters, street lights, over and underpasses, utilities, sewers, storm drains, traffic signals, electrical distribution systems, natural gas distribution systems, water distribution systems, parking facilities,landscaped areas,fire hydrants,parks,playgrounds and other public improvements. Without the prior approval of 2/3rds of the City Council, the Agency may not use its authority pursuant to this subsection to develop a site for industrial or commercial use so as . Redevelopment Plan-Final July, 1999 ,. City of Atascadero Redevelopment Project Page 15 J to provide streets, sidewalks,utilities or other improvements which an owner or operator of the site would otherwise be obliged to provide. In giving such consent, the City Council shall make a finding that the provision of such improvements is necessary to effectuate the purposes of this Plan and shall meet all other requirements of Redevelopment Law. 340.4 Public Improvements. Pursuant to Section 33445 of the California Community Redevelopment Law,the Agency may,with the consent of the City Council,pay all or part of the value of the land for, and the cost of the installation and construction of, any building, facility,structure or other improvement which is publicly owned,either outside or inside the Project Area, if the City Council and Agency make the appropriate findings and determinations as set forth in Section 33445. Such determinations by the Agency and the City Council shall be final and conclusive. The construction or rehabilitation of a building that is, or that will be used as, a city hall or county administration building shall not be funded by the Agency, either directly or indirectly, with tax increment funds except as prescribed in Section 33445(g) of the California Community Redevelopment Law. The Agency is specifically authorized to provide, or participate in providing, the public improvements and facilities described in Appendix"C"attached to,and incorporated in,this Plan, provided the public improvements meet the objectives of this Plan. 340.5 Temporary Public Improvements. The Agency is authorized to install and construct,or cause to be installed.and constructed, temporary public improvements and temporary public utilities necessary to carry out this Plan. Such temporary public improvements shall include, but not be limited to, streets, public facilities and utilities. Temporary utilities may be installed above ground. Section 350 - PROPERTY DISPOSITION AND DEVELOPMENT 350.1 General Requirements. For the purpose of this Plan,the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real or personal property. In the manner required,and to the extent permitted by law,before any interest in property of the Agency acquired in whole or in part, directly or indirectly, with tax increment monies is sold, leased or otherwise disposed of for development pursuant to this Plan,such sale,lease or disposition shall first be approved by the City Council by resolution after public hearing,noticed as required by law. The Agency shall lease or sell all real property acquired by it in the Project Area, except property conveyed by it to the community. All real property acquired by the Agency in the Project Area shall be sold or leased for development for uses permitted under this Plan. Property containing buildings or structures rehabilitated by the Agency shall be offered for resale within one year after completion of rehabilitation,or an annual report concerning such property shall be published by the Agency as required by Section 33443 of the California Health and Safety Code. • Redevelopment Plan-Final July, 1999 City ofAtascadero Redevelopment Project Page 16 All purchasers or lessees of Agency-owned property in the Project Area shall be obligated to use the property for the purposes designated in this Plan,to begin and complete development of the property within a period of time which the Agency fixes as reasonable,and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. To the extent permitted by law,the Agency is authorized to dispose of real property through lease or sale by negotiation without public bidding, but only after a public hearing with notice as required by law. Real property may be conveyed by the Agency to the City or any other public body without charge. Any property acquired from the Agency pursuant to the Redevelopment Plan shall not be the subject of real estate speculation. 350.2 Disposition and Development Documents. To provide adequate safeguards ensuring that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased or conveyed by the Agency shall be made subject to the provisions of this Plan by lease, deed, contracts, agreements, declaration or other lawful means. The Agency shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. The leases, deeds, contracts, agreements and declarations of restrictions may contain restrictions, covenants running with the land, rights of reversion, conditions subsequent, equitable servitudes, or any other provision necessary to carry out this Plan. Where determined appropriate by the Agency,such documents or portions thereof shall be recorded in the Office of the Recorder of the County of San Luis Obispo. All deeds, leases, or contracts for the sale, lease, sublease or other transfer of any land in a redevelopment project shall conform to the provisions and nondiscrimination clauses outlined in the following paragraphs. Restricting the rental,sale or lease of property on the basis of race,color,creed,religion,sex, marital status, ancestry or national origin of any person by lessees and purchasers of real property acquired in redevelopment projects and owners of property improved as part of a redevelopment project is prohibited. Redevelopment agencies, in accordance with Section 33435 of the California Health and Safety Code,shall obligate said lessees and purchasers to refrain from discriminatory practices. In accordance with Section 33436 of the California Health and Safety Code, leases and contracts which the Agency proposes to enter into with respect to the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of any real property in the Project Area shall include the following provisions: • Redevelopment Plan-Final July, 1999 v 92 City of Atascadero Redevelopment Project Page 17 • In deeds, the following language shall appear: "The grantee herein covenants by and for himself, his heirs, executors, administrator and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein conveyed,nor shall the grantee himself, or anyperson claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." In leases, the following language shall appear: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions.- That onditions:That there shall be no discrimination against, or segregation of, any person or groups of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." In contracts entered into by the Agency relating to the sale transfer or leasing of land or any interest therein acquired by the Agency within any Survey Area or Project Area, the foregoing provisions,in substantially the form set forth,shall be included,and such contracts shall further provide that the foregoing provisions shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. 350.3 Design for Development. In order to effectuate this provision,all projects in the Project Area shall be subject to normal City review and approval procedures to adopted special applicable Agency guidelines. Agency and City shall cooperate to the maximum degree possible. In the case of property which is the subject of a disposition and development or participation agreement with the Agency, it shall be constructed in accordance with architectural, landscape and site plans submitted to and approved in writing by the Agency. Development plans shall be submitted to the City for approval and review in conformance with City codes and regulations. All development must conform to this Plan and to all federal, State and local laws, as from time to time, and must receive the approval of appropriate public agencies. 350.4 Development by Agency To the extent now or hereafter permitted b lau; the Agency is authon�ed to a for develo ox constructan buildm s facilities sfxuctures or other PY P X ga. im rove en s;either wzthin or outside the Project Area,as set foi hin Section 340 Durmp the period of deelopinent m the Project Asea,the Agency shall ensure that the provisions Redevelopment Plan-Final July, 1999 City ofAtascadero Redevelopment Project Page 18 the Plan and'otler documents fortnulatedpursuant a.this Plan are being observed,and that development in the Protect Area is,proceed,1ng in°acco ance'�rith development ocur ents and time sc)iedules In addition to the public improvements authorized under Section 34Q 4 the Agency may pay B6 install rig ccnstruet the Buildings,fa'ttcihtzes,structures oir other irnpravementscieritif ed in �r rr Appendix C hereto and may acquire or pay for the land require thereore any participation by the Agency in the d velopment o..property shall require a,two thirds rr lont�F e =vote ti the Board l gfhle and qualFfied to dote for,such authority or #gWment; Section 360 - REHABILITATION OF STRUCTURES 360.1 Rehabilitation of Structures. The Agency is authorized to adopt Property Rehabilitation Standards and to rehabilitate and conserve,or to cause to be rehabilitated and conserved,any building or structure in .the Project Area owned by the Agency. The Agency is also authorized and directed to advise, encourage and financially assist in the rehabilitation and conservation of property in the Project Area not owned by the Agency. The Agency and/or the City may conduct a rehabilitation program to encourage owners of property within the Project Area to upgrade and maintain their property consistent with City codes and standards and with Property Rehabilitation Standards which may be adopted by the Agency. The Agency and/or the City may develop a program for making low interest loans for the rehabilitation of commercial properties in the Project Area. 360.2 Moving of Structures. As is necessary in carrying out this Plan and where it is economically feasible to do so, the Agency is authorized to move, or cause to be moved, any standard structure or building which can be rehabilitated to a location within or outside the Project Area,provided that all requisite requirements of Redevelopment Law have been met. 360.3 Buildings of Historical Significance. Special consideration shall be given to the protection, rehabilitation or restoration of any structure determined to be historically significant by the City, State Office of Historic Preservation or Department of the Interior, taking into consideration State guidelines and local registries and listings. Redevelopment Plan-Final July, 1999 City ofAtascadero Redevelopment Project Page 19 • ARTICLE 4 LOW AND MODERATE INCOME HOUSING Section 400 - REQUIREMENT FOR TWENTY PERCENT OF TAX INCREMENT REVENUES TO BE USED FOR HOUSING No less than twenty percent(20%)of all taxes allocated to the Agency pursuant to Section 33670 of the California Health and Safety Code shall be used by the Agency for the purposes of increasing, improving and preserving the City's supply of housing for persons and families of low or moderate income, unless certain findings are made annually as required by Section 33334.2 to lessen or exempt such requirement. The Agency may use these funds to meet,in whole or in part,the replacement housing provisions set forth in this Plan and the Community Redevelopment Law. These funds may be used inside or outside the Project Area provided,however,that funds may be used outside the Project Area only if findings of benefit to the Project are made as required by Section 33334.2 of the Health and Safety Code. The funds for this purpose shall be held in a separate Low and Moderate Income Housing Fund until used. Any interest earned by such Low and Moderate Income Housing Fund shall accrue to the • Fund. Section 410 - LOW AND MODERATE INCOME HOUSING AND REPLACEMENT HOUSING In carrying out the activities contemplated in this Plan,it may become necessary,from time to time, for the Agency to enter into various agreements, such as an agreement for acquisition of real property, an agreement for the disposition and development of property, or an owner participation agreement, which would lead to the destruction or removal of dwelling units from the low and moderate income housing market. Not less than thirty(30) days prior to the execution of such an agreement which would lead to destruction or removal of low and moderate income dwelling units, the Agency shall adopt,by resolution, a Replacement Housing Plan pursuant to Section 33413.5 of the Health and Safety Code. A dwelling unit whose replacement is required by Section 33413 of the California Health and Safety Code,but for which no Replacement Housing Plan has been prepared, shall not be removed from the low and moderate income housing market, except as set forth in Section 33413.5. For a reasonable period of time prior to adopting a Replacement Housing Plan, the Agency shall make available a draft of the proposed Plan for review and comments by public agencies and the general public. Redevelopment Plan-Final July, 1999 City of Atascadero Redevelopment Project Page 20 J In accordance with Section 33334.5 of the Health and Safety Code,whenever dwelling units housing persons and families -of low or moderate income are destroyed or removed from the low and moderate income housing market as part of the Project, the Agency shall, within four (4) years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable housing costs within the Project Area or within the territorial jurisdiction of the Agency in accordance with all of the provisions of Sections 33413 and 33413.5 of the Health and Safety Code. Section 420 - PROVISION OF LOW AND MODERATE INCOME HOUSING To carry out the purposes of this Article 4,the Agency may,to the extent permitted by law,acquire land, donate land, improve sites, or construct or rehabilitate structures or exercise any or all of its powers authorized under Section 33334.2 of the Health and Safety Code in order to provide housing for persons and families of low or moderate income. The Agency may also provide subsidies to,or for the benefit of,such persons and families or households to assist them in obtaining housing within the City. The Agency may enter into agreements with appropriate organizations for the purpose of increasing and improving the City's supply of low or moderate income housing. The Agency shall provide preference to projects and activities within the Project Area for the purposes of this provision. Section 430- NEW OR REHABILITATED DWELLING UNITS DEVELOPED WITHIN THE PROJECT AREA In accordance with Section 33413 of the Health and Safety Code,at least thirty percent(30%)of all new and substantially rehabilitated dwelling units developed by the Agency shall be available at affordable housing costs to persons and families of low or moderate income; and, of such thirty percent(30%),not less than fifty percent(50%)thereof shall be available at affordable housing costs to, and occupied by very low income households. At least fifteen percent(15%)of all new and substantially rehabilitated dwelling units developed by public or private entities or persons other than the Agency shall be available at affordable housing costs to persons and families of low or moderate income;and of such fifteen percent(15%),not less than forty percent (40%) thereof shall be available at affordable housing cost to very low income households. The percentage requirements set forth in this section shall apply in the aggregate to housing in the entire Project Area and not to each individual case of rehabilitation,development or construction of dwelling units. The Agency shall require, by contract or other appropriate means, that whenever any low or moderate income housing units are developed within the Project Area, such units shall be made available on a priority basis for rent or purchase,whichever the case may be,to persons and families Redevelopment Plan-Final July, 1999 City of Atascadero Redevelopment Project Page 21 of low or moderate income who are displaced by theproject;provided,however,that failure to give • such priority shall not affect the validity of title to the real property upon which such housing units have been developed. The requirements set forth in this Section are independent of the requirements set forth in Section 410. The Agency,as part of the Implementation Plan to be prepared as set forth in Section 650,shall adopt a plan to comply with and ensure compliance with the requirements of this Section in accordance with Section 33413 of the Health and Safety Code. Section 440 - DURATION OF DWELLING UNIT AVAILABILITY The Agency shall require that the aggregate number of dwelling units rehabilitated, developed or constructed for low or moderate income persons and families as set forth in Section 430 above shall remain for persons and families of low, moderate income or very low income households, respectively,for not less than the period of time set forth in Section 33413 of the Health and Safety Code. Section 450 - LAST RESORT HOUSING If sufficient suitable housing units are not available in the City for use by persons and families of low • or moderate income displaced by the project,the Agency may,to the extent of that deficiency,direct or cause the development,rehabilitation or construction of housing units within the City,both inside and outside the Project Area. i Redevelopment Plan-Final July, 1999 J7 City of Atascadero Redevelopment Project Page 22 ARTICLE 5 PROJECT FINANCING r Section 500 - FRAMEWORK Redevelopment agencies are not allowed to levy property taxes of any kind. Therefore, agencies primarily finance their various projects and implementation activities through tax increment financing. Tax increments are derived from property taxes which result from increases in assessed valuation of property in a Proj ect Area,once a Redevelopment Plan has been adopted. Such assessed valuation increases can only occur from new development, from property improvements, from property sales or transfer, or from an annual inflationary increase (up to 2%) as allowed by Proposition 13. Because of the limitations of Proposition 13, the basic property tax levy is one percent of the assessed valuation of property. With this one percent limitation, a redevelopment agency may receive up to$10,000 annually for every million dollars of increased assessed valuation which occurs in a Project Area subsequent to the adoption of a Redevelopment Plan. Such funds flow to the Agency each year until project completion, and then only to the extent that the agency has indebtedness which must be repaid. In addition to tax increment revenues,an agency is legally authorized to utilize other funds, such as federal or State grants and various loans and notes, and utilize various types of bond financing to finance its activities. This section of the Plan describes the financing tools the Agency may utilize and the limitations on those tools. Section 510 - GENERAL DESCRIPTION OF PROPOSED FINANCING METHODS The Agency is authorized to finance the project with assistance from the City, State of California, United States Government,any other public agency,from property tax increments,interest revenue, income revenue,Agency-issued notes and bonds,loans from private financial institutions,the sale or lease of Agency-owned property,or from any other available sources of financing which are legally available and do not conflict with the objectives of the adopted Redevelopment Plan. The City may supply advances and expend money as necessary to assist the Agency in carrying out the project. Such assistance shall be on terms established by an agreement between the City and the Agency. Section 520 - TAX INCREMENTS Pursuant to Section 33670 of the California Health and Safety Code, all taxes levied upon taxable property within the City of Atascadero each year by or for the benefit of the State of California, • Redevelopment Plan-Final July, 1999 City of Atascadero Redevelopment Project Page 23 • County of San Luis Obispo,City of Atascadero,any district,or other public corporation(hereinafter sometimes called "taxing agencies") after the effective date of the ordinance approving this Plan, shall be divided as follows: That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated and collected shall be paid to the respective taxing agencies as taxes by or for the taxing agencies on all other property are paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of such ordinance but to which that territory has been annexed or otherwise included after such effective date, the assessment roll of the County of San Luis Obispo last equalized on the effective date of said ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on the effective date); and that portion of the levied taxes each year in excess of that amount shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal of and interest on bonds,loans,monies advanced to, or indebtedness(whether funded,refunded,assumed or otherwise)incurred by the Agency to finance or refinance, in whole or in part, this redevelopment project and payment to taxing agencies pursuant to Section 530. Unless and until the total assessed value of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown on the last equalized assessment roll, all of the taxes levied and collected upon the taxable property in the project shall be paid into the funds of the respective taxing agencies. When such bonds,loans,advances and indebtedness,if any,and interest thereon,have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. That portion of taxes discussed in this section is hereby irrevocably pledged for the payment of the principal of and interest on the advance of monies, or the making of loans, the incurring of any indebtedness (whether funded, refunded, assumed or otherwise) by the Agency to finance or refinance in whole or in part the Atascadero Redevelopment Project. The Agency is authorized to make such pledges as to specific advances, loans, indebtedness and other obligations as appropriate in carrying out the project. Section 530 - PAYMENTS TO TAXING AGENCIES Commencing with the first fiscal year in which the Agency receives tax increments and continuing through the last fiscal year in which the Agency receives tax increments with respect to the Area,the Agency shall pay to any taxing agency with territory located within the Project Area an amount calculated pursuant to Section 33607.5 of the California Community Redevelopment Law as that • section is in effect at the time of adoption of the Ordinance adopting the Plan. Redevelopment Plan-Final July, 1999 City of Atascadero Redevelopment Project Page 24 Section 540 - ISSUANCE OF BONDS AND NOTES The Agency i g y ma y issue bonds or notes when a determination has been made that such financing is required and feasible. Such bonds or notes shall be issued only after the Agency has determined that funds are, or will be, available to repay principal and interest when due and payable. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City or the State,nor are any of its political subdivisions liable for them,nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the Agency,and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Section 550 - LOANS AND GRANTS The Agency is authorized to obtain advances,borrow funds and create indebtedness in carrying out this Plan. The principal and interest on such advanced funds and indebtedness may be paid from tax increments or any other funds available to the Agency. Section 560 - LOW AND MODERATE INCOME HOUSING FUND Subject to the provisions of Section 400 of this Plan,not less than twenty percent(20%)of all taxes which are allocated to the Agency pursuant to Section 33670 and Section 520 of this Plan shall be held in a separate low and moderate income housing fund and used by the Agency for the purposes of increasing,improving and preserving the community's supply of housing for persons and families of low or moderate income, as set forth in the Community Redevelopment Law. Section 570 - FINANCING LIMITATIONS Consistent with Sections 33333.2 and 33334.1 of the California Community Redevelopment Law, the following financing limitations are imposed on this Plan: 570.1 No loans, advances or indebtedness to finance, in whole or in part, the project and to be repaid from the allocation of these taxes described in the before-mentioned Section 33670 shall be established or incurred by the Agency beyond twenty(20)years from the date of adoption of the Redevelopment Plan. These limits, however, shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33413 of the California Community Redevelopment Law. • Redevelopment Plan-Final July, 1999 0 Q City of Atascadero Redevelopment Project Page 25 • 570.2 The Agency shall not pay indebtedness or receive property taxes pursuant to Section 33670 after forty-five(45)years from the adoption of the Redevelopment Plan adding the Added Area to the Project Area. 570.3 From time to time as may be appropriate,the Agency may issue bonds and/or notes for any of its corporate purposes. The Agency may issue such types of bonds on which the principal and interest are payable in whole or in part from tax increments. The total outstanding principal of any bonds so issued and payable from said tax increments shall not exceed $25 million at any one time except by amendment of this Plan. 570.4 Any loan from the,City to the Agency,requires approval of a inajority of the"City Council eligible and qualified to vote and a imajority' of the Agency Board of,`Directors eligible".and qualified to vote. 570 S The Agency shall not issue tax revenue bonds without adequate insurance or other security protecting it`s revenue sources and shall,"require"authorization by a ma orily W vote :" of the Agency Board of Directors'eligible and quaffed to vote. 570.6 Any General Obligation Bond, as defined in Article XIIIA, Section 1(b) of the California Constitution issued by the Agency shall require the affirmative vote of two? thirds of the voters voting in an general or special election. • Redevelopment Plan-Final July, 1999 8 " City ofAtascadero Redevelopment Project Page 26 `� ARTICLE 6 • PLAN ADMINISTRATION Section 600 - GENERAL DISCUSSION The administration and enforcement of this Plan, including the preparation and execution of any documents implementing this Plan, shall be performed by the Agency and/or the City. The provisions of this Plan, or other documents entered into pursuant to this Plan, may also be enforced by court litigation instituted by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry, injunctions or any other remedies appropriate to the purposes of this Plan. In addition,any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. Section 610 - TERM OF THIS PLAN'S DEVELOPMENT CONTROLS Except for the nondiscrimination and nonsegregation provisions,which shall run in perpetuity,the Agency shall have authority to act pursuant to this Plan for a period not to exceed thirty(30) years from the date of adoption of the amendment to the Redevelopment Plan. After this time limit,the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts,unless the Agency has not completed its housing obligations pursuant to Section 33413 of the California Community Redevelopment Law,in which case the Agency shall retain its authority to implement requirements under said Section 33413, including its ability to incur and pay indebtedness for this purpose. Section 620 -COOPERATION BETWEEN AGENCY AND CITY Subject to any limitation in law,the City will aid and cooperate with the Agency in carrying out this Plan and may take any further action necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread of blight or those conditions which caused the blight in the Project Area. Actions by the City may include, but are not necessarily limited to, the following: 620.1 Institution and completion of proceedings for opening, closing, vacating, widening or changing the grades of streets, alleys and other public rights-of-way, and for other necessary modifications of the streets, the street layout and other public rights-of-way in the Project Area. Such action by the City may include the abandonment and relocation of public utilities in the public rights-of-way as necessary to carry out this Plan. 620.2 Institution and completion of proceedings necessary for changes and improvements in publicly-owned public utilities within or affecting the Project Area. • Redevelopment Plan-FinalJuly, 1999 Plan-Final -02 City ofAtascadero Redevelopment Project Page27 i620.3 Revision of zoning (if necessary) within the Project Area to permit the land uses and development authorized by this Plan. 620.4 Imposition wherever necessary of appropriate design controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. 620.5 Provision for administration/enforcement of this Plan by the City after development. 620.6 Preservation of historical sites. 620.7 Performance of the above and of all other functions and services relating to public health, safety and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. 620.8 The initiation and completion of any other proceedings necessary to carry out the project. The Agency is authorized,but not obligated,to provide and expend funds to ensure the completion of the project as a whole in accordance with this Plan. The obligation of the Agency to perform the actions indicated in this section shall be contingent upon the continued availability of funding for this project primarily from tax increment revenues as defined in Section 520 hereof. However, the • Agency may utilize any legally available sources of revenue for funding projects in accordance with this Plan. Section 630 - COOPERATION WITH OTHER PUBLIC AGENCIES Certain public bodies are authorized by State law to aid and cooperate,with or without consideration, in the planning, construction or operation of this project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. However,the Agency will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public body which owns or leases property in the Project Area will be afforded all the privileges of owner and tenant participation if such public body is willing to enter into a participation agreement with the Agency. All plans for development of property in the Project Area by a public body shall be subject to Agency approval,to the extent permitted by law. The Agency may impose on all public bodies the planning and design controls contained in this Plan to insure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized to financially(and otherwise)assist any public • entity in the cost of public land, buildings, facilities, structure or other improvements (within or Redevelopment Plan-Final July, 1999 City of Atascadero Redevelopment Project Page 28 without the Project Area) which land, buildings, facilities, structure or other improvements are or • would be of benefit to the Project. Section 640`= PROCEDURES FORAMENDING:THIS PLAN' This Plant may be amended by the procedures established zn 33450 33458 of the Community Redevelopment Law or by`any other,procedure e"stablFshed bylaw: The a roval cif any arriendment to„this plan requires atwo-thirds znaarztyfcte ppb of the City Counczi eligible and quahfzed to vote; This;paragraph zs not severable from°the rest of this ordinance. Shciuld a court ofcompetent�urisdzctzon hold the provzszon ofths paragraph to'be void or otherwise unerzforeeable,then,the entire ordzndhoe shall hkewzse he void and unenforceable. In the effect that the ordinance becczmes void and unenforceable,thezAgeney shall cease activities and opetatzans as established by,California Redeyeloprrzent Law. • Redevelopment Plan-Final July, 1999 t 0' 4 City of Atascadero Redevelopment Project Page 29 • Article 7 Implementation Plan Section 7(}W!'M'PLEII%IENTATI©N PLAN' The Agency shall prepare and adapt an Impleme""lon Plan every ve years purs�iant tc�Sectio F 3349( of the Calaraa Ccxznxza�tn�ty Rece�elapzzient Lav3ha add�t�on to meetmg the pxov�s>ors o Section X3490 cif the California CommumtyRedevelopment Law,the Agency shall mcladeany all,prolects thai Have yet to be carxtpleted from a pnar Implementat<on Plan. The.�nit>al >mplementa ion plan, sutiim qed below, n ay anly be ameSO nded y arnendn ent cif the redevelopment plan Such amendmeniNhall fall w�tlnm the supe ofan addtbon or chane an mato caprtal pr©jects as desctbed in Califorma ledevelapment T;aw This mitral implementat>on play shad expire�e dears after ie adopt an ofthe Reilevelopmen,Plan!tliereaftexsthefAgency shall,b matertY viteK ofthe AgentcyBoard tadapt an tmplementataon plan xn eonfarmanc with Sect>c n X3490 ofthe Health and safety Co le,aor amend it in the manner provided B4'e , • Section 710 — CRITERIA FOR PROJECT SELECTION The overall goal of the Atascadero Redevelopment Agency is to eliminate constraints to private investment to ensure continued growth of industrial,commercial and residential development. In the implementation of the goal, the Agency will, from year to year, make recommendations regarding specific projects or public improvements to be undertaken. Projects are to be selected according to the following criteria: 710.1 Projects that meet the objectives of the Plan. 710.2 Projects that directly and immediately leverage new development in the downtown area. 710.3 Public improvement projects that improve historical infrastructure deficiencies. 710.4 Housing programs to meet the following needs: (a) Rehabilitation (b) Replacement housing needs. (c) Neighborhood residential conservation and preservation. • d . ._.. .I��velci"� e�-af z�ev� affot' ahle:uxzits Redevelopment Plan-Final July, 1999 City of Atascadero Redevelopment Project Page 30 m 710.5 Projects which meet the City's economic investment guidelines. . Section 720 — GOALS OBJECTIVES AND PROGRAMS FOR INITIAL PLAN The Agency's goals and objectives for the initial Implementation Plan for the Atascadero Redevelopment Project shall be as follows: 720.1 Improvement of the Downtown Area which is generally bounded by Highway 101, Highway 41,Bajada Avenue and Rosario Avenue. Potential projects include the following: Financial and technical assistance to Main Street propram,Business Improvement District or other merchant/owner based downtown improvement organization. The Agency will support the Main Street program and assist the community in its involvement. Main Street is a broad-based community effort aimed at revitalizing downtown with existing physical and people resources. The Agency will provide the financial support necessary to stimulate community involvement. Improvement of El Camino and Traffic Way intersection. This project includes the development of downtown compatible uses at each corner. Improved public infrastructure and streetscape accentuating an entrance to downtown. Improvement of the Carlton Hotel as a focal of downtown: This project includes the . revitalization of the Carlton. The Agency may desire to participate in the revitalization to stimulate private investment. Agency participation may include public improvements, parking improvements,fagade improvement,fee waivers,loans or other means to stimulate the revitalization of the structure. Improvement of public parking facilities in the downtown. This project includes the creation and improvement of downtown parking facilities. One parking area will be the interior of the block where the Carlton is located. This parking will require removal of a garage structure, surface improvements and landscaping. Parking will also be developed on the City owned lot that was originally purchased by the Business Improvement District. Additional facilities will be developed to enhance the business opportunities in downtown and located so as to encourage pedestrian oriented public spaces. Expansion of entertainment facilities in the downtown including the expansion of the existing movie theater._The Agency will encourage and target entertainment facilities in the downtown to encourage public gatherings and informal uses of public spaces. Encouragement will include marketing for targeted uses, assisting in project planning and other activities to promote private investment. The Agency will also encourage the expansion of the existing theater complex in the downtown. The goal will be to continue to have the complex a community focal point, draw people to the downtown and expand the experience they have, maintain the facility in the downtown. Redevelopment of the Junior High School Site to enhance employment in the downtown. • Redevelopment Plan-Final July, 1999 e City of Atascadero Redevelopment Project Page 31 The School District has from time to time contemplated relocating the Junior High School away from its current site,the City also has a goal of relocating this facility. The property is in the downtown area, generally flat with utilities and good access. It could be a significant improvement to the downtown area. The Agency could participate to insure the property was strategically planned to enhance the downtown experience and capitalize on the atmosphere created as the focal point of the community. Agency participation in addition to planning could include needed public improvements, and strategic investment or involvement to stimulate private investment in a way that will enhance downtown. Addition of anchor tenants to increase activity in the downtown. This project will include the Agency assisting in the attraction of major downtown tenants to stabilize the retail mix. The Agency may assist in marketing, planning and investment consistent with the Redevelopment Plan to capture tenants that will attract people to downtown. These tenants would include restaurants, entertainment and retail that attract people by their name of business practices. Improvement of and additions to the downtown streetscape. This project includes the improvement of public infrastructure to promote a downtown pedestrian atmosphere. Improvements include new sidewalks, street trees, landscaping,benches, waste cans, signs etc. Fagade Improvements in the downtown to capitalize on Atascadero's character and im rove • the retail/pedestrian atmosphere. In this project, the Agency would work with individual property owners to improve the exterior appearance of buildings. Consistent with the Downtown Master Plan, a design theme will be promoted to accentuate the Atascadero Colony and improve the pedestrian, retail climate. Participation will include fagade easements, loans, designs, fee waivers etc. Elimination of incompatible land uses that detract from the downtown. Through this project the Agency would relocate land uses that detract from the downtown,pedestrian atmosphere, The Agency would assist businesses in finding more suitable locations including the development of nodes where the businesses could benefit from a common location. Certain uses in proximity to the downtown will be targeted for relocation. Aggregation of sites and buildings for a mai or employment,office or retail user. The Agency will assist major employers in locating suitable sites. This may include joining multiple properties to provide an appropriate sized parcel. The Agency will first look to the downtown area. Elimination or relocation of residential uses which are not consistent with development of downtown area in the long run. The Agency will assist in the relocation of residential uses away from the first floor in downtown. Residential uses on the first floor block pedestrian movement in retail areas. The Agency will provide for relocation benefits consistent with the • Redevelopment Plan and assist property owners with developing strategic plans for property usage that will enhance the downtown experience. Redevelopment Plan-Final July, 1999 0 07 City of Atascadero Redevelopment Project Page 32 Location of a mai or additional public activity center. (E.g.medical center,county offices or other such facilities). This project furthers the development of downtown by encouraging major activity centers in the downtown and removing uses that drain the energy from downtown. While it may be too late to have the main Post Office downtown,there are other potential uses like a North County Government Center that would bring more people to the area. The Agency would promote and assist in this effort. Development of Palma as a retail/pedestrian corridor to connect City Hall to Traffic Way downtown corridor. The City Hall is a focal point in downtown and is office to many potential shoppers. An attractive connection to downtown will provide a benefit in both directions. Enhance the Sunken Gardens area and encourage entertainment, eating and pedestrian uses surrounding the area that would promote its unique character. The Sunken Gardens is a unique focal point with great visual appeal. The Garden itself can be improved to encourage more visitors and enhance the downtown. A variety of projects are possible from the refurbishment of the fountain to other improvements including flower gardens. The Agency would also encourage projects around the Sunken Garden that would benefit from the location like restaurant uses- Atascadero Creek Pedestrian Crossing/Lewis Avenue Bridge_Investigation and construction of pedistrian and/or vehicular crossing of Atascadero Creeek to connect entertainment facilities with the downtown core. 720.2 Employment Generation Projects Meeting the objectives of the Plan as contained in Section 210. 720.3 Expansion of the Atascadero Library 720.4 Housing programs including the following: (1) Rehabilitation (2) Replacement housing needs (3) Neighborhood residential conservation (4)Development f rieu of o dable units • Redevelopment Plan-Final July, 1999- City of Atascadero Redevelopment Project Page 33"'U 0 • DRAFT ORDINANCE AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE REDEVELOPMENT PLAN AND ORDINANCE 362 APPROVING AND ADOPTING THE ATASCADERO REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Atascadero (the "Council") adopted and approved the Atascadero Redevelopment Plan(the Plan") by Ordinance 362 on July 13, 1999; and, WHEREAS, the City Council of the City of Atascadero (the "Council") has received from the Atascadero Redevelopment Agency(the "Agency")the proposed amendment to the Plan for the Atascadero Redevelopment Project(the "Project"), as approved by the Agency, a copy of which is on file at the office of the Agency together with the Report of the Agency to the Council including the reasons for amendment to the Atascadero Redevelopment Plan WHEREAS, the Agency approved amendment of the Plan on Marchl 1, 2003 and has submitted to the Council its report and recommendations for approval of the amended Plan, and that the amended Plan remains in conformance with the General Plan of the City of Atascadero; and, WHEREAS,the Council and the Agency held a joint public hearing commencing on April 8, 2003 on adoption of the amended Plan in the City Council Chambers, Atascadero, California; and, WHEREAS, a notice of said hearing to amend the Plan was duly and regularly published in the Atascadero News, a local newspaper of general circulation in the City of Atascadero, once a week for three successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency; and, WHEREAS, copies of the notice of joint public hearing to amend the Plan were posted in four permanent public places within the boundaries of the Redevelopment Project Area; and, WHEREAS, copies of the notice of joint public hearing to amend the Plan were mailed by first class mail to the last known address of each assessee of each parcel of land in the Project Area, as shown on the last equalized assessment roll of the County of San Luis Obispo, and to residents and businesses within the Project Area; and, WHEREAS,copies of the notice of the joint public hearing to amend the Plan were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and, • 1 WHEREAS,the proposed amendments to the Plan are "minor in nature and do not . require review by the Planning Commission, do not affect the local taxing agencies, are exempt from environmental documentation or study and do not require a re-certification of findings of blight. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the Redevelopment Plan shall be amended as follows: Section 320.0 Property Acquisition and Management; a majority vote of the Board to shall be required to acquire property. Section 350.4 Property Development by Agency; a two-thirds majority vote of the Board shall be required for Agency property development. Section 570.4 Loan Agreements between the City and the Agency; shall require a majority vote of the Board. Section 570.5 Issuance of Tax Revenue Bonds; and shall require a majority vote of the Board. Section 640.0 Procedure for Amending the Redevelopment Plan shall require a majority vote of the Board to amend the Redevelopment Plan. Section 700.0 Adoption or amendment to the Five-Year Implementation Plan shall require a majority vote. Section 710.4 Expand the use of Housing Set-Aside funds to include development of new, affordable units. Section 2. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency whereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plan. Section 3. The City Clerk is hereby directed to record with the Atascadero County Recorder a statement that the Atascadero Redevelopment Plan has been amended. Section 4. The City Clerk is hereby directed to transmit,within thirty days of adoption of the amended Plan, a copy of the description and statement recorded by the Clerk pursuant to Section 4 of this Ordinance, to the Auditor-Controller and Assessor of the County of Atascadero; to the governing body of each of the taxing agencies which receives taxes from property in the Project Area; and to the State Board of Equalization. 2 � � • Section 5. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause the same to be published once in the Atascadero News, a newspaper of general circulation, published and circulated in the City of Atascadero. Section 6. If any part of this Ordinance or the Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Plan, and this Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. Section 7. This Ordinance shall be in full force and effect thirty(30) days after its passage. PASSED AND ADOPTED by the Atascadero City Council this 8th day of April 2003 by the following vote: AYES: NOES: ABSENT: • ABSTAIN: Jerry L. Clay, Sr., Mayor ATTEST: Marcia McClure Torgerson, City Clerk Approved as to form: Roy A. Hanley, City Attorney • 3