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HomeMy WebLinkAboutAgenda Packet 03/12/1984 SAGENDA ATASCADERO CITY COUNCIL 2egular Meeting, March 12, 1984 7:30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call PROCLAMATION DECLARING MARCH 11 TO MARCH 18, 1984 AS CAMP FIRE BIRTHDAY WEEK Public Comment City Council Comments A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item A, Consent Calendar, are considered to be routine and will be enacted by ,one motion in the form listed below. There will be no Separate discussion of these items. If dis- cussion <is required, that item will be removed from the Consent Calen �ar and will be considered separately. Vote may be by roll call. 1. Minutes of the regular meeting of February . 27 1984 (RECOMMEND APPROVAL) 2. Treasurer ' s Report, 2-1-84 to 2-�29-84 (RECOMMEND APPROVAL) 3. Finance Director 's Report, 2-1-84 to 2-29-84 ;(RECOMMEND APPROVAL) 4. Tentative Parcel Map 20-83, 3320 El Camino Real (Ptn. Lots 8, 9, ,and 17B, Block 18),, Lee E. Gustafson (P'ults/Vessely) to allow division of 4.25 acres into two lots of 2.23 acres and 2.02 acres each (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 5. Bid for Alvord Field Fencing, Bid No 84-2- (RECOMMEND BID BE AWARDED TO THE FENCE FACTORY IN THE AMOUNT OF $24,245. 60) B. HEARINGS, APPEARANCES, AND REPORTS None C. UNFINISHED BUSINESS • 1. Report from Planning Commission on Zoning Ordinance Text Amendment 2-83 on "indoor Recreation" in the CPIs and IP Zones D. NEW BUSINESS 1. Proposal from Elliott Stephenson on imp rovement of Atascadero P P P Lake Shoreline 2. Chamber of Commerce Lease Agreement 3. Request from Mr. Lea of The Menagerie requesting limited parking 4. Expiration of Terms for Members of the Building and Con- struction Board of Appeals 5. Block Grant Program alternatives 6. Temporary replacement for Planning Director E. ATASCADERO COUNTY SANITATION DISTRICT 1. Audit Requirements Selection of auditor 2. Resolution No. 17-84 accepting work and giving notice of completion for construction of the Atascadero Water Reclamation Plant - Pacific Mechanical Corporation F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council • 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE: There will be a closed session to consider personnel matters; no announcement will be made after the closed session i 2 • PROCLAMATION WHEREAS, THE NATIONAL CAMP FIRE organization will be celebrating its 74th birthday on March 17 , 1984; and WHEREAS, The Chumash Council of Camp Fire , Inc in the State of California, City of Atascadero offer our young people the opportunity of informal educational programs conbining group activities with the development of individual talents, in addition to flexible programming focused on encouraging life skills education foryoung people to age twenty-one; and WHEREAS , as a community organization, Camp Fire is concerned 1 with preserving the environment , adapting to social change and the application of democratic standards, as well as a special concern for stimulating and guiding young people; and I WHEREAS , in Camp Fire , recognition of accomplishments is combined with the encouragement to use developing skills to serve others in the community; and VHEREAS ,Camp Fire is commended for the opportunities its programs offer to young people in the City of Atascadero and, throughout the nation, and for the many services these young people perform` for their communities as Camp Firemembers; NOW, THEREFORE I, Marge Mackey Mayor of the City of Atascadero , do hereby proclaim March 11 to March 18 , 1984 to be CAMP FIRE BIRTHDAY WEEK in the City of Atascadero . IN WITNESS WHEREOF, if have hereunto set my hand and caused the Great Seal of the City of Atascadero to be affixed at the City -Hall this 12th Day of March, in the year of our Lord one thousand nine hundred and eithty=four. Marge Mackey, Mayor 4P,ETINd AGENDA MINUTES - ATASCADERO` CITY COUNCIL Regular Meeting February 27, 1984 Atascadero Administration Building The meeting was called to order at 7 :30 p.m. with the Pledge of Allegiance. John Cole gave the invocation. ROLL CALL Present: Councilman Molina, Nelson, Stover, Wilkins, and Mayor Mackey. Absent None I STAFF Present: Murray Warden, City' Manager; Ralph Dowell, Finance Director; Allen Grimes, City Attorney; Georgia Ramirez, Deputy City Clerk; Mike Hicks, Fine Chief; Skin Joannes Recreation Director; Bud Hale, Police Chief; Larry McPherson, Public Works Director; Barbara Norris, City Clerk; Larry Stevens, Planning Director; Sandi Sans, Secretary' to City Manager and Steve Rizzuto, City Treasurer. PUBLIC COMMENTS None • COUNCIL COMMENTS Mayor Mackey congratulated the VFW for 50 years of service. She stated that the. Historical Society will be holding a dedica- tion of the historical landmark designation for the Administra- tion Building on Sunday, March 4 at "2 p.m. She also announced' there will be an open house dedicating the new sewer plant to be held on March 19 between 1:30 and 3;30 pm. at the plant. A. CONSENT CALENDAR 1. Minutes of the regular meeting of February 14., 1984 . (RECOMMEND; APPROVAL) 2. Bid No. 84-1 for flailer from Smith Equipment Company (RECOMMEND BID BE AWARDED AS RECOMMENDED BY PUBLIC WORKS DIRECTOR) 3 . Acceptance of Lot Line Adjustment 1-83, '8325Sierra Vista' (Lots 56 and 57 , Block 31) Gaylen Little and Don Rauch (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING. COMMISSION RECOMMENDATION) 4. Acceptance of Lot. Line Adjustment 3-83, 4940/4960 Alamo (Lots 12 and 13, Block T) Donna Williams (HilliardSurveys) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 5. Acceptance of Tentative Parcel Ma 12-83, 8045 Cristobal P P (Lot 16,, Block 7) G.W. Johnson (Stewart) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6. Acceptance of tentative Parcel Map 13-83, 11050 San Marcos Road (Ptn. Lot 3, Block 41) Paul Martin (Twin Cities Engineering) (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 7 Road Name - Cebada .Lane -. Parallel to and between San Fernando Road and Santa Ana Road, Dennis Bethel and Associates (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 8. Tentative Parcel Map at 810930:1 (Time Extension) , 2455 El Camino Real (Lots 11, 12, 13, Block 22) , Jerry Frederick (Stewart) to extend the time allowed to complete require- ments for an approved tentative map. (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) Councilman Molina requested corrections of the minutes of the February 14 Council Meeting, item number C-2 to include that the vote was 4:1, with Councilman Molina voting no. MOTION Councilman Molina:moved to approve items A-1 through A-8 of the consent calendar. The motion was seconeded by Councilman Wilkins and unanimously carried by roll call vote. B. HEARINGS, APPEARANCES AND REPORTS 1. Parking Study .of the Downtown Area of Atascadero. Report was given by Larry Stevens, Planning Director. MOTION: Councilman Nelson moved to send parking study back to Planning Commission for recommendation. Seconded by Councilman Wilkins. Passed unanimously. 2. Report No. 27 of the City Attorney. City Attorney, Allen Grimes, explained several cases in his report. C. UNFINISHED BUSINESS 1. Ordinance No. 76 Chancing certain property on Lake- view Drive from L- (Recreation) to RSF-Y (Residential Single Family) MOTION: Councilman Wilkins moved, seconded by Councilman Nelson, to read by title only. Passed unanimously. Mayor Mackey read Ordinance No. 76 by title only. i • MOTION: Councilman Wilkins moved, seconded by Councilman Molina, to adopt Ordinance No. 76 . Passed unanimously by roll call vote. 2. Resolution No. 16-84 establishing the formation of a street maintenance district for San Fernando Road. Mayor Mackey asked the audience if there was anyone who wished to speak on this matter. Mr. Bob Lilley represented Mr. Wallace Dunn and spoke against the district. Others who spoke against the district were: Dwane Burbach, Dale Gehre, and Don Thomas. Those speaking for the district were: Gene Pimentel, Alice Vreeken, Allen Grimes and Gene McCoy. Donna Williams stated that she felt maybe we better not allow building on hills like this in the future so we don' t have this problem. MOTION: Councilman Molina moved and Councilman Nelson seconded to adopt Resolution No. 16-84 . Passed unanimously by roll call vote. D. NEW BUSINESS 1. Resolution No. 13-84 directing City Attorney to prepare an impartial analysis of the proposition relating to the police facility. MOTION: Councilman Wilkins moved, seconded by Councilman Stover, to withdraw Resolution No. 13-84 . Passed unanimously. 2. Section 18 grant request to replace 1979 Dodge Dial-A- Ride Van. MOTION: Councilman Wilkins moved, seconded by Councilman Stover to request a grant to replace Dial-A-Ride van.: Passed unanimously by roll call vote. 3. Discussion of Area Plannina and Coordination Council Agenda for March. l, 1984 (Public Works Director) Larry McPherson reported on the March Agenda for the San Luis Obispo Area Planning and Coordinating Council meeting. MOTION: Councilman Wilkins moved, seconded by Councilman Molina, to go along with staff recommendation. Passed unanimously. 4. Resolution No. 14-84 amending Resolution No. 12-84 by changing "Measure A" to read "Measure B" on the County Ballot. MOTION: Councilman Wilkins moved, seconded by Councilman Stover to adopt Resolution No. 14-84 . Passed by roll call vote with Councilman Molina voting no. 3 r • • 5. Resolution No. 15-84 to the San Luis ObispoCountyLocal Agency Formation Commission relative to a proposal to annex territory to the City of Atascadero designated as the "Waste Water Treatment Plant Annexation" MOTION: Moved by Councilman Molina, seconded by Councilman Nelson to adopt Resolution 15-84 . Passed unanimously by roll call vote E. ATASCADERO COUNTY SANITATION DISTRICT None F. INDIVIDUAL DETERMINATION AND/OR ACTION City Council Mayor Mackey received a letter from Mr. Lea regarding limited parking at his business. Item will be placed on next agenda. City Attorney None City Clerk None City Treasurer None City Manager Mr. Warden discussed status of the County' s request for management proposals. He noted that he has been advised that there is a problem with water and until the problem is solved, the status of transferring the golf course is in obeyance. The meeting was adjourned to closed session at 9: 50 p.m. Council reconvened to a regular meeting at 10 : 30 p.m. with no further business. The meeting was adjourned at 10 : 31 p.m. Recorded by: GEORGIA RAMIREZ, Deputy City Clerk ;AEE i INv AG'-,'NDA ^. -/• -f''iG ITEM CITY OF ATASCACERO TREASURER'S REPORT FEBRUARY 1, 1984 TO FEBRUARY 29, 1984 RECEIPTS TAXES Property Tax 18,825.24 Cigarette Tax 4,490.68 Motor Vehicle "In Lieu" 29,512.60 Sales & Use 80,000.00 Occupancy Tax 1,277.16 Homeowners Relief 6,627.88 LICENSES/PERMITS/FEES 29,214.49 GAS TAX - 17,920. 25 TRAFFIC SAFETY 3,944.29 RECREATION FEES 14,495. 57 RETURNED FROM LOCAL AGENCY INVESTMENT FUND AND MATURED TIME DEPOSITS 120,000.00 INTEREST ON INVESTMENTS 886.11 • TRANSPORTATION SB-325 -0- REVENUE SHARING -0- MISCELLANEOUS Rents Concessions 419.33 Sale Maps/Publications/Reports 357.70 Special Police Services 51.00 Fines & Penalties 573.00 Dial-A-Ride Farebox 1,955.98 Bails/Bonds 2,925.00 Reimbursement to Expense 2,979.88 Wil-Mar Disposal Contract 3,052.95 Rebates 280.00 Refunds 373.00 Maintenance Districts` 1,109 .00 Weed Abatement 703.57 Miscellaneous 6,890..41 TOTAL $ 348,865.09 1 • • CITY OF ATASCADERO TREASURER'S REPORT FEBRUARY 1, 1984 TO FEBRUARY 29, 1984 INVESTMENTS LOCAL AGENCY INVESTMENT FUND 880,000.00 TIME DEPOSIT`,, SANTA BARBARA SAVINGS 11.00% INTEREST, MATURES 06/15/83 100,000.00 ' TIME DEPOSIT, CITICORP SAVINGS 10.125% INTEREST, MATURES 01/22/85 100,000.00 TIME DEPOSIT, CENTURY FEDERAL SAVINGS AND LOAN 10.25% INTEREST, MATURES 01/24/85 100,000.00 TOTAL INVESTMENT DEPOSITS1,180,000.00 ---.--Steven M. Riz , Treasurer 2 MEETING AGENDA I" ., -1 •+�' ITEM , CITY OF ATASCADERO • FINANCE DIRECTOR'S REPORT FEBRUARY 1, 1984 TO FEBRUARY 29, 1984 BALANCE AS OF JANUARY 31, 1984 5,391.68 DEPOSITED BY TREASURER, SEE RECEIPTS, TREASURER'S REPORT, PAGE 1 348,865.09 TOTAL 354,256.77 HAND CHECK REGISTER DATED 02/29/8490,655.66 CHECK REGISTER DATED 02/09/84 74,351.37 CHECK REGISTER DATED 02/23/84 54,364.88 CHECK REGISTER-DATED` 02/28/84 34,039.88 EXPENSE LISTING 93,989,.37 TOTAL 347,401.16 BALANCE AS OF FEBRUARY 29, 1984 $,855.61 PETTY CASH 200.00 TREASURY INVESTMENTS SEE TREASURER REPORT, PAGE 2 1,180 ,000.00 TOTAL $1,187,055.61 I,RALPH H. DOWELL JR. , do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. Dated: March 5, 1984 Ralph H. 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A vi viz•Ln,^ z ? 3 Ua a -wto A;T?-.s„?V/'^rr;V M o S JA �� �yr crzL!W-jN € - 28- - - -`=- ---J L L t L C • CITY OF ATASCADERO FINANCE DIRECTOR'S REPORT FEBRUARY 1, 1984 TO FEBRUARY 29, 1984 EXPENSE LISTING PAYROLL DATED 02/08/84 CHECKS #30531-30612 48,117.48 PAYROLL DATED 02/22/84 CHECKS #30613-30703 49,353.79 VOID CK#18603 CK. REG. DATED 11/10/83 (727. 50) VOID CK#19204 CK. REG. DATED 01/30/84 ( 242.00) VOID CK#19313 CK. REG. DATED 02/09/84 ( 12.40) VOID CK#19550 CK. REG. DATED 02/28/84 (2500.00) TOTAL $ 93,989.37 -29- MEELING AG-N0A DAA /d?-E-'c/-- 1TEM#` M E M O R N D U M TO: CITY MANAGER March 7, 1984 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP 20-`83 LOCATION: 3320 El Camino Real (Ptn. Lots 8,9, and 17B, Block 18) APPLICANT: Lee E. Gustafson (Pults/Vessely) REQUEST; To allow division of 4.25 acres into two lots of 2.23 acres and 2.02 acres each. On March 5, 1984, the Planning Commission conducted a public hearing on the ,subject matter unanimously approving issuance of a Conditional Negative Declaration and approval of the land division request subject to Conditions 1-12 as set forth in the attached Staff Report. There was only brief discussion on the matter by ;the Commission. Lee Gustafson, applicant, appeared and indicated his concurrence with the conditions. LAWRENCE STEVENS MVRRAYWARDEN Planning Director City M ager LS:ps • A AS ADERO IT O T C CITY F 191 6' 1979 • Planning Department March 5, 1984 STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP 20-83 CONDITIONAL USE PERMIT 8-83 LOCATION: 3320 E1 Camino Real (Ptn. Lots 8, 9 and 17B, Block 18) APPLICANT: Lee E. Gustafson ;(Pults/Vessely) REQUEST: To allow division of 4.25 acres into two lots of 2.23 acres and 2.02 acres each and approve a- Master, Plan of Development for a boat sales and service facility. BACKGROUND 1. Existing Zoning: CPK (PD1) 2. -General Plan Commercial Park 3. Environmental Determination: An Initial Study Environmental De- scription form has been completed by the applicant. The Planning Director has prepared a draft Conditional Negative Declaration indicating the projects will not have a significant adverse effect upon the environment if certainmitigationmeasures are incorpora- ted - into the projects. 4. Site Conditions The site currently contains the applicant' s house, a workshop and another small building. The topography is gently sloping (3.5%) from El Camino Real down to the freeway. The southernmost corner (toe) of the parcel contains a swale that drains the area above onto the freeway. This parcel is composed of parts of three lots which form an "L" shape. There are a few large trees on the site in the area of the existing structures. The remainder of the site, except driveway areas, is covered in grass. The site is currently being used illegally as a boat sales, service and storage facility. All of the current bout storage is outdoors. The street frontage is unimproved at this time. The parcel is outside the sewer improvement district, but adjacent to a sewer 'pumping station. Hydrants in the area are on the opposite side of El Camino Real and are wharfhead style. 5. Project Description: The PD1 overlay zone requires a Master Plan of Development approved by the Planning Commission in a Condition- al Use Permit format. The applicant desires to develop a boat sales, service and storage facility on a portion of the property. The applicant also desires to maintain the existing residence on a separate lot. In order to reduce the area for Master Planning Tent. Parcel Ma 20-0 C.U.P. 8-83 Gustafson P / (Gustafson) down to project size and retain the use of the existing residence as a nonconforming use, the applicant has requested that the 4.25 acre lot be divided into two lots of 2. 23 and 2.02 acres each. No development is currently proposed for Parcel 2 even though the applicant has included plans for a spec" building. These plans were included only because of the PD1 overlay zone requirement. The proposed lot division creates "tandem" parcels: one lot on El Camino Real and one lot at the freeway. Access to the rear lot will be via a 40 foot wide strip running along the southeast property line. Project design on Parcel l is composed of one 12000 square foot building with 5700 square feet of sales area and 5355 square feet of storage area. The remaining floor area is to be offices and restrooms. The structure is to be 20 feet in height and located 10 feet from the freeway (or rear) property line. Thirty-three parking spaces are proposed including three compact and one handi- capped space. The structure will have its own septic system with leachfield. The overall 4.25 acre parcel is shaped like an "L with the toe running along the freeway frontage to the southeast. This "toe" is to be part of Parcel 1 and is proposed as remaining "natural" except for partial use as a detention basin. The "toe" is currently part of a natural drainage swale that dumps runoff into a CalTrans culvert near the property line. The detention basin would meter outflow into this swale. A trash enclosure is proposed at the western corner of the structure, a point farthest away from the entrance (and diagonally across the building from the entrance) . The building will be a metal structure colored Arctic White and Carribean Blue. Most of the existing trees will be retained on the site. Landscaping proposed indicates abundant use of trees throughout the site, and trees and shrubs indicated as a screen along the freeway property line. The applicant also requests that fencing which is required by Section 9-4.128 (a) (4) to screen adjcent residential uses be eliminated. The applicant does not want to fence out the residence from the commercial facility. 6. Subdivision Review Board: On Thursday, February 2, 1984, the Sub- division Review Board met to review the project. Members of the Board in attendance were: Larry McPherson, Public Works Director; Mike Hicks, Fire Chief; Patsy West, Senior Engineering Technician; Mike Sherer , Planning Commissioner ; and Fred Buss, Associate Plan- ner. Representatives of the project included the applicant, Lee Gustafson, and his architect, Steven Pults. Issues discussed included: a. The Conditional Use Permit for a Master Plan and this map would be reviewed concurrently by the Planning Commission. b. The lots proposed exceed the minimum lot size. C. Street improvements along the entire frontage would be re- quired of the Map and CUP approval. 2 Tent. Parcel Map 2003/C.U.P. 8-83 (Gustafson)• d. A fire hydrant will be required on the project as a yard hy- drant (CU.U.P. approval) and a new hydrant would be required on the project side of E1 Camino Real with the street improvements. e. Retention of existing trees. 7. Supplemental Information: The Master Plan of Development required by the PD1 overlay zone specifies processing approvals and devel- opment standards. The applicant proposes development of the entire new 2. 23 acre site he proposes to create except for the drainage swale at the southeast end of the lot. The project de- scription encompasses the Master Plan of Development. ANALYSIS Overall site design and layout is appropriate. The "tandem" lot de- sign makes reasonable use of the property if it must be split. How- ever, Staff recognizes that the property owner ' s intent is to retain his nonconforming residence. Section 9-4.128 (a) (4) requires side and rear property lines of non- residential uses to be screened by a six foot high solid wall or fence when adjacent to a residential use or zone. Since the applicant would be retaining the residence on the adjacent lot, and a residential use exists to the northwest and southeast, fencing would be required around the entire project site. Staff does not recommend that this requirement be relaxed. By virtue of the history on this site, a sep- aration of the uses is necessary to ensure that the residence does not once again become part of the commercial use. Additionally, the non- conforming residential uses are entitled to the same protections af- forded to any legal residential zone abutting a commercial zone, es- pecially in light of the transitional state of this particular area. The PD1 overlay zone requires attention to aesthetics - both the building and landscape screening. This is to be another metal build- ing 20 feet in height with a blank wall along the freeway, two other blank walls along the northwest and southeast elevations (except for the 121X18 ' overhead door on the northwest elevation) , and some entrance detail on the northeast elevation (facing E1 Camino Real) . Of course, the El Camino Real elevation cannot be seen from the road because it is too far away and at a lower elevation. Further archi- tectural detailing seems necessary. This may entail using a different material other than metal for the building or incorporating additional design elements into the structure. Landscaping is adequate as to materials proposed and tree removal. Only one tree of substantial size is to be removed in one of the parking areas. Spacing of plant material will be important to provide the screen density. Half or more of the building will still be visible above the freeway landscap- ing. Some minor upgrading of building appearance along the freeway should be considered. 3 Tent. Parcel Ma 20-0/C.U.P. 8-83 Gustafson P / (Gustafson) The trash enclosure is located in an inappropriate place. A better location would be just northeast of the retention pond along the aisle. This would allow better screening and accessibility. Parking provided is abundant and exceeds the requirements for the stated uses on the site. Public Works Department review of the grading/drainage plans finds the proposal suitable. The applicant has indicated a monument sign and freeway sign on the plans, but has specifically stated that these will be addressed at a later date. The remaining concern on this site is the actual use that will occur. The current activity that takes place is mostly outdoors and includes service and repair of boats. This means minor engine tuneups and oil changes, replacement of parts, patching holes in boats and use of nec- essary chemicals. The applicant has stated that all boats will be housed inside the building. Outdoor storage and repair activity has not been incorporated into this design and should not be allowed un- less an outdoor sales display area is proposed later. In reviewing this project, Staff has assumed that the lot division will be approved and that the Master Plan of Development will apply only to the one parcel. This assumption also means that the spec building on Parcel 2 was not reviewed, that the residence is still a nonconforming situation, and that Parcel 2 will need another Master Plan of Development at the time when it is proposed for development. FINDINGS (Tentative Parcel Map) 1. The application as submitted conforms to zoning and subdivision regulations and is consistent with the Atascadero General Plan. 2. The creation of the two lots will not have a significant adverse effect upon the environment, and preparation of an Environmental Impact Report is not necessary. FINDINGS D NGS (Conditional Use Permit) 1. The application together with the recommended conditions of ap- proval conforms to the requirements of the Zoning Regulations and General Plan. 2. The application as presented will not have a significant adverse effect upon the environment, and preparation of an Environmental Impact Report is not necessary. 4 Tent. Parcel Map 20-0/C.U.P. 8-83 (Gustafson) • 3. The application together with the recommended conditions will sup- port the development of an attractive appearance along Highway 101. 4. Approval of this Master Plan of Development will promote orderly and harmonious development in the Commercial Park Zone. 5. The site of this proposed boat facility is adequate in size and shape to accommodate the use and all yards, fencing, screening, parking, landscaping and other features required by the Atascadero Municipal Code. 6. Streets in the vicinity of the proposed boat facility are adequate to carry the quantity and kind of . traffic generated by the pro- posed use. 7. The boat facility will not have any adverse effect with appropri- ate screening on abutting property or the permitted use thereof. 8. The establishment and operation of the boat facility for which this Conditional Use Permit is sought will not be detrimental to the public welfare or be injurious to property or improvements in the neighborhod. 9. The project and future projects in the area will generate addi- tional traffic sufficient to warrant additional traffic-related improvements at the property frontage and along the E1 Camino Real corridor. RECOMMENDATION Based upon the above Findings, the Planning Department recommends is- suance of a Conditional Negative Declaration and approval of Tentative Parcel Map 20-83 and Conditional Use Permit 8-83 subject to the fol- lowing conditions: CONDITIONAL NEGATIVE DECLARATION 1. Adequate provisions shall be made for drainage and erosion control and protection in conjunction with site development. 2. Grading and tree removal shall be minimized during all phases of site development. 3. Provision shall be made to create and maintain an aesthetic ap- pearance and provide screening on the site through additional de- tailing and adequate landscaping. 4. Provision shall be made for appropriate improvements to assure adequate traffic safety along the E1 Camino Real corridor. 5. Adequate provision shall be made to reduce increased fire hazard associated with the project. 5 Tent. Parcel Map 20-*/C.U.P. 8-83 (Gustafson) TENTATIVE PARCEL MAP CONDITIONS 1. Private sewage disposal systems will be an acceptable method of sewage disposal if reports and designs are acceptable. All tests, reports and designs shall conform to methods and guidelines pre- scribed by the Manual of Septic Tank Practice and other applicable City ordinances. The following Note shall appear on the Final Map: "Appropriate soils reports including a percolation test, a test to determine the presence of ground water, and a log of a soil boring to a minimum depth of ten (10) feet shall be submitted to the Planning Department prior to the issuance of a building permit. Where soils reports indicate that conventional soil absorption systems are not acceptable, City approval of plans for an alterna- tive private sewage disposal system, designed by a Registered Civ- il Engineer , shall be required. Depending upon the system, more restrictive requirements may be imposed. " 2. Water shall be obtained from the Atascadero Mutual Water Company and water lines shall exist at the frontage of all parcels prior to filing of the Final Map. 3. All existing and proposed utility easements, pipelines and other easements are to be shown on the Final Map. If there are other building or other restrictions related to the easements, they shall be noted on the Final Map. 4. Efforts shall be made to minimize grading that would be disruptive to the natural topography and removal of existing, mature trees. The following shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appropriate per- mit and compliance with applicable City ordinances.." 5. Drainage and erosion control plans, prepared by a Registered Civil Engineer , shall be submitted for review and approval by the Plan- ning Department prior to issuance of building permits. This shall appear as a Note on the Final Map. 6. All utilities shall be installed underground. 7. The entire frontage of El Camino Real shall be improved in accor- dance with Sectons 9-4. 159 and 9-4.160 of the Zoning Regulations. a. Any necessary offers of dediction to the public for road pur- poses along the property frontage shall be made to the City. 8. One fire hydrant of a type and size specified by the Fire Depart- ment shall be installed along the . frontage of El Camino Real. Exact location and manner of placement shall be subject to approv- 6 Tent. Parcel Map 20*/C.U.P. 8-83 (Gustafson) • al of the Fire Department. A letter from the Fire Department certifying installation of the hydrant shall be received by the Planning Department prior to recordation of the Final Map. 9. All drainage swales shall be indicated on the Final Map and a Note shall appear on the Final Map which states: "Any modification of the ground during site development within 50 feet of any drainage swale shall be subject to approval by the Planning and Public Works Departments. 10. All conditions herein specified shall be complied with prior to filing of the Final Map. 11. A Final Map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or licensed land surveyor shall indicate by Certificate on the Final Map that corners have been set or will be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submit- ted for review in conjunction with the processing of the Final Map. 12. Approval of this Tentative Parcel Map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. CONDITIONAL USE PERMIT CONDITIONS 1. Site development including parking, aisles, landscaping, building architecture and related features shall be consistent with plans submitted including any modifications required herein and all provisions of the Zoning Regulations. 2. The project shall be connected to community water. Submit evi- dence from the Atascadero Mutual Water Company that they are will- ing and able to serve the project prior to issuance of any permits. 3. Building architecture shall be modified to provide for minor up- grading through additional trim materials or similar design fea- tures on all elevations. a. The applicant shall resubmit architectural elevations for review and approval by the Planning Department. 7 Tent. Parcel Map 20-*/C.U.P. 8-83 (Gustafson) 0 4. Landscaped areas shall generally be provided as shown. Submit two copies of detailed landscape and irrigation plans as required by Section 9-4.125 et seq of the Zoning Regulations for review and approval by the Planning Department prior to issuance of building permits. a. Removal of the one tree in the parking area is approved. Specific additional tree removal will be reviewed during the building permit phase. 5. One fire hydrant shall be installed on the site. Exact location and manner of placement shall be reviewed and approved by the Fire Department. a. The fire hydrant shall be installed and certified operations by the Fire Department and Atascadero Mutual Water Company prior to the start of combustible construction. 6. Parking and access areas shall be provided generally as shown and be paved with a minimum 2 inches AC on adequate base. a. A minimum of 18 parking spaces shall be provided on the site and design shall conform to Section 9-4.117 et seq. 7 . Submit two sets of grading and drainage plans in accordancewith Sections 9-4.138 et seq. and 9-4.148 et seq of the Zoning Regulations. a. The applicant shall submit a drainage acceptance letter from Cal Trans to allow drainage to the freeway. 8. All new utilities and utility connections shall be placed under ground. 9. The trash storage area shall comply with Section 9-4. 129 of the Zoning Regulations. a. The trash storage area shall be relocated to the area north- east of the retention basin located in the natural area of the lot. b. Exact location, screening and manner of placement shall be approved by the Planning Department. 10. Signage shall be reviewed under a separate permit that may require a Conditional Use Permit if total site signage exceeds height or area limitations. All signing shall conform to Section 9-4.130 et seg. 11. El Camino Real shall be improved in accordance with Section 9-4. 159 and 9-4.160 of the Zoning Regulations. a. Any necessary offers of dedication to the public for road purposes along the property frontage shall be made to the City. 8 Tent. Parcel Map 20*/C.U.P. 8-83 (Gustafson) • 12. Prior to issuance of permits, the applicant shall enter into an agreement with the City to participate in the installation of a traffic signal at E1 Camino Real and San Anselmo. The level of participation shall be determined on the basis of benefit derived by this project and other developments anticipated along the El Camino Real corridor . 13. In the event archeological resources are discovered on the site, Section 9-4. 162 shall be complied with. 14. This Conditional Use Permit is for approval of a Master Plan of Development on Parcel 1 of Tentative Parcel Map 20-83 to allow a boat sales and storage facility including minor repair for in- activity only. No other use - or outdoor activity is permitted without additional approvals. 15. The entire site shall be fenced in accordance with Section 9-4. 128 (a) (4) of the Zoning Regulations. 16. Building permits shall not be issued unless Parcel Map 20-83 is recorded. 17. In the event that construction does not begin within 120 days, the existing illegal use of the site shall be terminated. 18. All conditions of approval established herein shall be complied with prior to occupancy of any structures. 19 . This Conditional Use Permit approval is granted for a maximum per- iod of one year from the date of final approval unless an exten- sion is granted pursuant to Section 9-2. 118 of the Atascadero Municipal Code. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: f_=� FRED BUSS 'As�6ciate Planner �Q_J - REPORT APPROVED LAWRENCE STEVENS PlanningDirector 9 goc,ot.lk,N /;, r •,1 � yI �—L— �y j `� �rn I I \ h 4V it i$K 5 29ri' 4Y I0'S8'E 3l.B.P7, , D `S N ,s D \ � 3 r ° n $ m �Nv s � S'.v i Sr Y )cS=. _6x> m Z CEmrn #it�By mioiF 141-WIM 'f d ggpp 3 D Z �c�-�{ -{===333 ot, aQ --4 (SpcsA p(1 30I > 76 m TDS W M TI) tit coo 2 it1S R= ja g �.� ..3 w t � i = ` ip Q 1 x C c � R Yds Id a k r- ----- --- '-�-� V11LLEY SPEED i UAFUNE MASTER PLAN t !- • 1 I + - auoncArMeR6AL I� i i ~ AT"CAMM CA 034 & STEVEM O.►ULT•.MA•AMCNTECTS Constriction 11686 LOS OSOS VALLEY ROAD-$UTE A-i i "N L1AS O<Soal_xT-deer III CA•d10/ IR I. I._.. .. .. ..... ... _ i ._. -.__ •,,... I " — o cn oM .m z I I 1 I I 1 n 10 Jl 7112 kv I I ���1� �t�• fjr� .t 0 - 0 ' � ih s < MASTER PLAN t 2 I .i GRADING \A 7 mob.6. D • n , n TI z Tl x�;,,. mLot �I,ar Slo PI_p w-`I P6 �J FF j 0 m w � � ri Mep N l0 0 f PCP ' c CmC N G ❑ _ r y d I o I N A D �.� °- "r 1R� C''I"I gohotl I tl i lob on r .. �Z y E i I I I I 0 0 a m 0 i tl SOI–p, .54"'00 131—k Iq-1_4° IT�pp �z n n z I" o I . I a I o I l • I -0. I o_ 0 m — A i I p01-pry 8!pM VALLEY SPEED& MARINE FLOOR PLAN PHASE 1 3320 EL CAM]NO REAL ATASCADERO,CA 93422 ,r _ STEVEN D.PULTS,AIA•ARCHITECTS 11555 LOS OSOS VALLEY ROAD•SUITE A-7 - - SAN LUIS OBISPO,CA 93407 'J :J'• o.^ .M (805)541-560d - Or 5 0 m _ p a.a -tscgs i Y 2F �/ VP 5 1 i m --- — —� 51 1 ^ m F" z _. I s cn F d y es �; I ' � ' � i-+•'�'-J�ti. 'Z..y _ __— __— ___ __— _- -- _x. -- _;� '�8 - 2`.x... J- .• •'x-i wf`i:` VALLEY SPEED&MARINE '�,; ` EXTERIOR ELEVATIONS 3320 EL CAMINO REAL ' ATASCADERO•CA 93422 - 1 STEVEN D.PULTS,AIA,ARCWTECTS J t•� /1;,S LOS%0 VALLEY ROAD•SURE A-7 A Y -��,�t:..�..� •Y_��.F.Y`= SAN LUIS ODISPO CA 93401 I / ` _ _ 1 (UOS)s31-56os�_� :r-R—, ;, ;,�;. ,,,ECi W37 AGENDA RECEIVEp MAR 7 - 1984 • CITY MGR. M'EM0 RAND UM' L 'f+Zl f 2 T0: Murray 'Warden ��U � d`E�h�t�-t.•.� FROM: Larry McPherson SUBJECT: Bid No. 84-2 - Alvord Field Fencing ` DATES March 7, 1984 Bids were received March 5, "1984 for the installation of chain ` link fencing, backstop and bleachers for Alvord Field. The only bid received was from The Fence Factory, 2709 Santa Maria Way, Santa Maria, in the amount of $24,245.60. This purchase is to be funded through grant monies received previously. LAWRENCE McPHERSO2d LM:vh BID PROPOSAL FORM ALVORD FIELD FENCING PROJECT 9 BID NO. 84-2 • f Unit Bid Item Description Est. Qty. unit Price Price 1 Demolish existing chain link fence, backstop and concrete mow strip l L.S. 2 Construct 3' high chain linkq'� �1C1 fence 195 L.F. 3 Construct 6' high chain link fence 215 L.F. 4 Construct 8' high chain link fence 190 L.F. 5 Install backstop with 3' U high back boards 1 Ea. t 6 Install 27' long, 5 row steel bleachers with concrete pad 1 L.S. 7 Install 3' gate 1 Ea. �Q 8 Install 14' gate 1 Ea. 9 Install 18" X 4" concrete mow �3��c . strip 650 L.F. l TOTAL BID: Signed: �`-� Mt�/j� atvJuts Company: !N pc-� Address: 1� 1A� y�rl�,tir3 ( Date: ' P-2 MEETING AGENDA . LITEM ._ TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: PROPOSAL BY ELLIOTT STEPHENSON IMPROVEMENTS TO`ATASCADERO LAKE SHORELINE DATE MARCH 8, 1984 Recommend approval_ subject to review by the Public Works Director. I rA/ • 0 ELLIOTT O. STEPHENSON February 22, 1984 City Council City of Atascadero Subject Improvement of Atascadero Lake Shore Line' Dear Council Members: This is a proposal for the donation of time equipment and funds on the part of myself and Mr. Joseph Souza, 3055 El Camino Real, Atas- cadero , relative to the placement of rock and earth materials along the easterly shore of Atascadero Lake We propose to take earth materials from one or more of the lots on the easterly side of Lakeside Drive , presently owned by the City of Atascadero at locations selected and 'designated by the Director of the Debartment of Public Works and use it to widen and extend the pedestrian pathway at the lake shoreline . The work would be done at no cost to the City of Atascadero It's _ understood that the city has no funds at the present time to pay for the proposed project . I propose to donate to the city the amount of money necessary to re- imburse fir. Souza for his direct expenses for fuel and the lubricati� of his equipment . Mr. Souza proposes to donate the use of his equipm and personal time in return for a written acknowledgment from the city of his efforts and reimbursement for the cost of fuel and lubrication. Mr. Souza owns the type of equipment necessary to perforin the needed work, including rubber tired vehicles capable of crossing the paving of the roadway without damage to the street, and is licensed by the State of California as a contractor. It ' s anticipated that the work involved would occur over a period of approximately six months and be completed during 1984 . As you all know, there are several locations along the easterly shore of the lake that need the proposed work. At the present time pedestrians must walk along the paved street, a situation that is both undesirable and unsafe . Also , with the proper selection of the excavation sites significant improvements in the automobile parking situation along the roadway will result. Your prompt approval of this .proposal is urged. The anticipated work would represent a significant improvement in Atascadero Lake Park and would, in my opinion, have no detrimental effects whatsoever. Very tr y youf Elliott 0 . a enson LOS/bt 10025 EL CAMINO REAL NO. 121 s ATASCAOERO. CALIFORNIA 93422 s - TELEPHONE .18051 466.5805 R E C E I V E 0 MEETING AGENDA *FEB L 3 198 CITY MGR. • M E M 0 R A N b U M TO: Murray Warden FROM: Larry McPherson SUBJECT: Lease Agreement - Chamber of Commerce DATE: February 21, 1984 It is recommended Council approve the lease agreement between the City of Atascadero and the Atascadero Chamber of Commerce for the property located at El Camino Real and Atascadero Mall. As you can see, this lease is for a term of 10 years with an annual rent of $1.00. This agreement has been reviewed and signed by all applicable departments and the Chamber and is ready for Council approval. eLAENCE McPHERSON LM:vh TO: City Council This formalizes the Chamber' s occupancy of their present location. The old County lease had expired quite some time agounbeknownst to any of us - but the attached should correct that. Please note the term and annual rent of $1.00. The Chamber has complied with the insurance requirements. By way of observation only, it should be noted that this is in fact a subsidy to the Chamber to the extent of the value of the rental for the premises. Accordingly, they do receive considerable support for the City. • LEASE AGREEMENT THIS LEASE made and entered into this day of • 1984 by and between the CITY OF ATASCADERO, a municipalcorporation and one of the cities in the County of San Luis Obispo, State of California, hereinafter called "Lessor", and the Chamber of Commerce of Atascadero, a non-profit corporations hereinafter called "Lessee". WITNESSETH In consideration of each andeveryterm, covenant and condition herein contained, Lessor hereby grants and Lessee receives and leases the hereinafter described premises upon the terms and conditions herein- after set forth. 1. PROPERTY. - The property to be leased is described as follows: That portion of Lot 8 of Block EB of-Atascaderon the County of San Luis Obispo, State of California, according to the Clap thereof filed for record in Book 4, page 1, et. seq.. of Maps • on October 12, 1914 in the Recorder's office of said county lying northerly of United States Highway 101, a Freeway, as the same existed July 18, 1972 2. TERM. This lease shall be for a term of ten (10) years, commencing 1984, provided however, as a condition precedent to this Lease becoming effective, Lessee shall place copies of all insurance` policies required by Article 5 hereof in the hands of the Lessor, such policies being evidence of full and complete compliance herewith. 3. RENTAL. Lessee agrees to pay to Lessor, as the rent of the leased premises, the sum of One Dollar ($1.00) per year, payable in advance. 4., INSURANCE. Lessee agrees to obtain and keep in force during the term of this lease, at Lessee's expense, worker's compensation and public liability and property damage insurance in companies authorized to issue such insurance in the State of California. Said insurance policy shall consist of the followin • g a. Worker's Compensation and Employer's Liability Insurance: Lessee shall maintain in full force and effect, for the period covered by this Lease, full workers' compensation and employer's liability insurance with limits of at least statutory requirements with an insurance carrier satisfactory to the City. In the event Lessee is self-insured, he shall furnish a certificate of permission of self-insurance signed by the Department of Industrial Relations Administration of Self-Insurance in Sacramento. b. Liability Insurance: Lessee shall maintain in full force and effect, for the period covered by this Lease, bodily injury, and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence occurring in or about the premises which are subject to this Lease, or resulting from Lessee's operations, or from Lessee's use of owned or nonowned automobiles. The amounts of insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination of both- Y1,000,000. , The following endorsements must be attached to the policy" 1. If the insurance policy covers on an "accident" basis, it must be changed to "occurrence". 2. The policy must cover personal injury as well as bodily injury. 3. The policy must cover complete contractual liability. Exclusions of contractual liability as to bodily injuries, personal injuries and property damage must be eliminated from the basic policy and endorsements. 4. BROAD FORM property damage liability must be afforded. 2 5. City of Atascadero, and their officers, employees, and agents, shall be named as additional insureds under the policy, and the policy shall stipulate this insurance will operate as primary insurance and that no other insurance effected by the City or other named insured will be called upon to contribute to a loss covered thereunder. c. The following requirements apply to all liability insurance to be provided by Lessee: 1. A certified copy of said policy and a certificate of insurance shall be furnished the Public Works Department within twenty (20) days after execution of this permit. A certificate alone is not acceptable. Certificates and policies shall also state that the City is not liable for the payment of any premiums of assessments on this property. 2. Certificates and policies shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to the City. Ten (10) days written notice is not acceptable except in connection with worker's compensation insurance. 3. Insurance required shall be placed in a company or companies acceptable to City and shall have a policy holder's surplus of at least ten (10) times the amount or limit of liability afforded by the insurance company. 4. Approval of the insurance by the City shall not relieve or de- crease the extent to which the Lessee or any sublessee may be held re- sponsible for payment of damages resulting from its operation. 5. No policy is acceptable if it contains an exclusion relating to occurrences in any manner arising out of the use of alcoholic beverages. Provided, however, that said policy will be acceptable if it contains a specific endorsement providing coverage under the limits and provisions set forth hereinabove, for any occurrence arising out of the use of alcoholic beverages. 3 5. UTILITIES AND TAXES. Lessee agrees that it will pay all charges for electricity, water, gas, telephone and other utility services used on the leased premises. Lessee further agrees to pay all taxes and assessments upon the leased premises which are payable during the lease term. 6. USE OF PREMISES. The leased premises shall be used only for non-profit public informational purposes. Lessee shall not operate or conduct on said premises, any business or commercial activities nor offer or permit to be displayed, offered nor sold thereon, any service for compensation or profit. The use of signs on the premises is to be strictly limited to only that which describes the premises, gives parking information and/or directs as to the ingress and egress to the facility. In the event the premises cease to be used for such informational purposes during the term hereof, this Lease shall immediately and auto- matically terminate. Lessor retains the right of re-entry, and Lessee specifically consents to the immediate exercise thereof in the event that this clause is invoked. Any expenses or damages incurred by the Lessor inthe exercise thereof shall be borne by the Lessee. 7. MAINTENANCE AND PROTECTION OF PREMISES. Lessee expressly agrees at all times during the term of this Lease at its own cost and expense, to maintain and operate such premises and areas adjacent, including but not limited to, the building, parking area, and landscaping, in a clean, safe, wholesome and sanitary condition, free of trash, garbage or obstruction of any kind and in compliance with any and all present and future laws, rules or regulations, of any governmental authority relating to sanitation or public health, safety or welfare, Lessee shall remedy without delay any defective dangerous or unsanitary conditions. Lessee further agrees to take all reasonable precautions to protect the leased premises from damage, theft, vandalism and other such hazards. 4 8. CONSTRUCTION ON PREMISES. Lessee shall have the right on the leased premises, at its own cost and expense, to construct a building to serve as a public informational facility. In conjunction therewith, Lessee agrees to provide an adequate parking area and to landscape the remaining premises. Any and all construction undertaken by Lessee, including the parking , area and landscaping, shall be subject to the City of Atascadero Building Ordinance which includes obtaining a Building Permit together with inspec- tion and approval of the City Building Division, Department of Planning. 9. REPAIRS. Lessee shall keep the building to be erected, and all other buildings and improvements which may at any time during the said term be erected upon the premises, and the drains and appurtenances, in good condition and repair. 10. ALTERATIONS. Lessee shall not make any changes, alterations, or improvements (including signs) on the premises, without the prior written consent of, and approval of all plans and specifications by the Lessor. Where such approval is given, any such changes, alterations, or improve- ments shall be made at Lessee's sole cost and expense. 11. INSPECTION. Lessee agrees that Lessor, acting through its authorized agents and employees, shall have the right to enter upon the premises at any reasonable time to inspect them. 12. INDEMNIFICATION. Lessee hereby agrees to indemnify and save Lessor, its officers, agents and employees, harmless from any and all liability arising from the use of premises by Lessee. Lessee further agrees to waive any claim against the Lessor, its officers, agents or employees, from damage or loss caused by any suit or proceedings directly or indirectly attacking the validity of this Lease, . or any part thereof, or by any judgment or award in any suit or proceeding 5 declaring this Lease, now, void or voidable, or delaying the same or any part thereof from being carried out. 13. CONVEYANCES. Lessee shall neither assign, sublease, or otherwise convey any interest of any sort granted by this agreement to any person or persons, entity or entities whatsoever, without prior consent and approval of the Lessor. Any document by which an interest is granted, subject to the approval of the Lessor, shall indicate that the person acquiring that interest has been advised of the terms of this Lease and takes his interest subject to the terms and conditions of this agreement, and recognizes that upon termination of the interest of the Lessee granted by this Lease, his interest shall also be terminated. 14. MODIFICATION. Notwithstanding any of the provisions of this Lease, the parties may hereafter, by mutual written consent agree to modifications thereof or additions thereto in writing which are not forbidden by law. 15. EXCLUSIVE RIGHTS. Lessee may not have or enjoy or may not grant, any exclusive rights of any kind which are forbidden by any applicable and pertinent law, statute, ordinance, rule or regulation of any governmental entity or agency. 16. TER24INATION CONDITION. Lessee accepts the premises as being in good and sanitary order, condition and repair, and agrees, upon the expiration of this Lease or any sooner termination, to peacefully and quietly yield up and surrender possession of said premises unto Lessor, after having removed from said premises any structures placed thereon by the Lessee, and to restore the premises as per the directions and to the approval of the Public Works Department, City of Atascadero. is 17. COMPLIANCE WITH LAWS. This Lease is made under and is subject to the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. The Lessee shall, at its sole cost and expense, comply with all the requirements of all local, municipal, County, State and Federal authorities now in force, or which may hereafter be in force, pertaining to the said premises, and shall faithfully observe all local, municipal and county ordinances and state and federal statutes, rules and regulations now in force or which may hereafter be enforced. The judgment of any court of competent jurisdiction, or the admission of the Lessee in any action or proceeding against Lessee whether the Lessor by a party thereto or not, that Lessee has violated any such ordinance, statute, rules or regulations in the use of the premises shall be conclusive of the fact as between the Lessor and Lessee. If at any time during the term of this agreement, any law or ordinance (including any zoning laws) shall be passed or applied to prohibit the use of the premises for the uses and purposes provided herein, Lessor may, at its option, terminate this Lease or any portion thereof. 18. NOTICE. All notice to be given concerning this Lease may be given in writing personally or by the depositing of the same in the United States mail, postage prepaid, addressed as follows: Lessor: City of Atascadero, Public Works Department, P.O. Box 747, 6500 Palma, Atascadero, CA 93422; Lessee: Atascadero Chamber of Commerce, 6550 E1 Camino Real, Atascadero, CA 93422 19. REMEDIES. The use by either party of any remedies specified herein for the enforcement of this Lease is not exclusive and shall not deprive the party using such remedies of, or limit the application of, any other remedy provided by law. 7 It is agreed between;:the parties that in default shall be made by Lessee in the performance of any of the terms conditions, or covenants of said Lease by said Lessee to be performed, and said default shall continue for a period of thirty (30) days after the service of written notice of such default by Lessor or Lessee, then Lessor may enter into and upon the premises of any part thereof and repossess the same, with or without terminating this Lease, and without prejudice to any of its remedies for breach of covenant and in any such event may, at its option, terminate said lease by giving written notice of its election to do so, or may, at its option, let the premises or any part thereof as the agent of Lessee or otherwise. The foregoing rights and remedies given to Lessor are, and shall be deemed to be, cumulative, and the exercise of one shall not be deemed to be an election, excluding exercise by Lessor at any other or different time of a different or inconsistent remedy, shall be deemed to be given to the Lessor in addition to any other further rights granted to said Lessor by the terms of this Lease, or by law, and the failure upon the part of the Lessor at any time to exercise any right or remedy hereby given to it shall not be deemed to operate as a waiver of its right to exercise such right or remedy at any other future time. 8 ermittee APPROVED AS TO CONTENT: Official Title Mu ay L. arden, City Manager Business Address wrence McPherson CITY OF ATASCADERO DirecLASTO orks APPROM: I r Marjorie R. Mackey, Mayor Allen Grimes, City Attorney Permittee accepts the foregoing use permit subject to all of the terms and conditions contained therein. Permittee acknowledges that the permit will not become operative until compliance is made with paragraph relating to insurance. ermittee S gnature 9 Pr EET UraAG NDA D ITEM TO: CITY COUNCIL • FROM: CITY MANAGER SUBJECT: THE MENAGERIE DATE: MARCH 8, 1984 We have ,not received the letter that Mayor Mackey referred to at the previous City Council meeting, and ,therefore will include the previous materials on this subject without comment. rM RAY WARDEN ity M pager • MEE AGENDA MEM 0 R A N D U M TO• Murray 4kvA-4 �'t'+ Q FROM: Traffic Committee SUBJECT: Limited Parking Request - The Menagerie DATE: December 16, 1983 Attached are requests from Mr. Dewey Lea of The Menagerie, located at 5554 El Camino Real, to provide limited parking at his business frontage. Also attached is a petition from employees of the Atascadero News requesting that no limit signs be placed in that area. This office has, over the past several months, observed the situation and has done some parking surveys. Both observation and surveysindicate intermittant use ofthefourteen speces on the west side of E1 Camino Real between Atascadero Ford and The Menagerie. At the time the surveys were made, it was evident that five vehicles were using the spaces in this area for long term parking, however, on the average 4-5 of the 14 spaces were vacant with also a large number of vacant space on the opposite side of El Camino Real. Since the limited parking presently in- place was the result of a joint Council-Citizen's Parking Committee study, and since that study recommended eliminating limited parking on E1 Camino Real north of the Bowling Alley, this request and report is being referred to Council for final action. It is the staff's recommendation that the present configuration of parking, in thisarea, remain as is, due to the average availability of vacant spaces on the west side of E1 Camino Real and the large number of spaces available on the opposite side of the street, that could be used for long term employee parking. It also appears that some cooperative effort between the merchants in this area could resolve any problem of shortage of customer parking: LA�+11?ENCE ST NS qZ BUD MeffALE — x�4 L ENCE McPHERSON r M E M O R A N D U M / TO: Murray FROM: Larry McPherson SUBJECT: Limited Parking Request - The Menagerie DATE: December 12, 1983 Attached are reauests from Mr. Dewey Lea of The Menagerie, located at 5554 E1 Camino Real,to provide limited parking at his business frontage. Also attached is a petition from employees of the Atascadero News requesting that no limit signs be placed in that area. This office has, over the past several months, observed the situation and has done some parking surveys. Both observation and surveys indicate intermittant use of the fourteen spaces on the west side of El Camino Real between Atascadero Ford and The Menagerie. At the time the surveys were made, it was evident that five vehicles were using the spaces in this area for long term parking, however, on the average 4-5 of the 14 spaces were vacant with also a large number of vacant space on the opposite side of El Camino Real. Since the limited parking presently in place was the result of a joint Council-Citizen's Parking Committee study, and since that study recommended eliminating limited parking on E1 Camino Real north of the Bowling Alley, this request and report is being referred to Council for final action. It is the staff's recommendation that the present configuration of parking, in this area, remain as is, due to the average availability of vacant spaces on the west side of El Camino Real and the large number of spaces available on the opposite side of the street, that could be used for long term employee parking. It also appears that some cooperative effort between the merchants in this area could resolve a y problem of shortage of customer parking. LAWRENCE McPHERSON LM:vh att. cc: Planning Dir, Police Chief M EM O R A N D U M TO: Murray FROM: Larry McPherson SUBJECT: Limited Parking Request- The Menagerie . DATE: October 10, 1983 Attached are requests from Mr. Dewey Lee of the Menagerie, located at 5554 El Camino Real to provide limited parking at his business frontage. The requests are related to long term parkers using space in front of his business location. Council previously reviewed recommendations of staff and a parking commit tee 'appointed by Council to reach recommendations for +parking in the downtown area. Council agreed to eliminate all limited parking on E1 Camino Real from Atascadero Ford to the `north. i Based on Mr. Lee's request, it appears reasonable to study the"possibility of extending the two hour limited parking as farnorth as Rosario. This would , eliminate all day parking using space that businesses need for turnover parking. My own observations confirm Mr. Lee's contention that spaces in front of his operation are continuously occupied by long term parking. While instituting a two hour limit may provide more short term parking, this would eliminate an area now used for employee parking and may force that problem to another area. It is my recommendation that Council consider extending the. two hour parking limit north to Rosario to allow for adequate customer parking in that area. AWRENCE McPHERSON LM:vh ' att. cc: Traffic Committee ZT !/ �L�Z J 07 iL ty c O7�L�� t � a Mr . Larry McPherson Director of Public Works City of Atascadero P.O. Dox 747 Atascadero, California 93422 Dear Sir; I recently opened a new business at 5540-50-60 E1 Camino Real, called The Menagerie. One of the reasons that I did so was because there was a posted, two hour parking limit in front -of the business, which I felt would provide easy parking for customers. Upon moving in, I noticed that employees of Atascadero Ford and Atascadero News were parking in front of my busi- ness all day. I confronted them about this and they said the signs were wrong and that they park here to leave park- ing-space in front of their business for their customers! I_ stated that, as long as it was posted, I would contact the police and have them ticketed. So they then parked else- where. Opening Thursday morning, I noticed that they were again parking in front of my business and that the signs were gone. I would like to request that, at least the parking area in front of my business be re-zoned to a minimum of two hour parking, or one hour if possible. Dewey Lea e3 The Menage ie '5554 El Camino Real Atascadero, California 93422 �I The following are persons doing business as sub-leasees at The Menagerie who protest the removal of the two-hour parking limit in front of 5540-50-60 E1 Camino Real, Atasca- dero, and wish it re-instated: r 7 j -- ECE.1,l � 0Ca lz$3 October 17, 1983 Larry McPherson Public Works Dept. P.O. Box 747 Atascadero, CA 93423 Dear Mr, McPherson: It has come to our attention that the owner of The Menagerie wants the 2-hour parking re- instated north of the bowling all'y (specifically in front of 5554 El Camino Real). We believe he is making a "mountain out of a mole hill We, the employees of Atascadero News, have parked in these spaces for years without caus- ing problems before Mr. Lea arrived on the scene. This is public parking — NOT his private lot — why should he have control over any street parking? He supposedly is closed Tuesday and Wednesday (2 out of 5 working days)...that leaves 3 days...most Atascadero News employees do not work on Friday, which means less cars on Fri- day...Saturday and Sunday our office is closed...that leaves 2 days (Monday and Thursday) in which there might be a conflict of parking interest. Usually, most of us park across the street, since he demanded that we not park in front of his store. It doesn't seem to bother him,that some of his customers park in Al Wilson's Upholstery parking lot — which is NOT px"nlic parking — or that they park at the "turn-around-point" where there IS a "No Parking" sign. It all boils down to this... Is it worth the time and trouble to put up the signs and have the APD patrol the area when Mr. Lea 'only has a parking problem 2 days out of 7? This would cause an unnecessary hard- ship on many of the Atascadero News employees. These people contribute a lot to the com- munity and should deserve special consideration. Parking has always been a problem and we're sure it won't be solved for many years. Atascadero News isn't entirely responsible for Mr. Lea's parking problems. We would also like to point out that other businesses along El Camino Real use the parking spaces in front of the Atascadero News office. We have all got- ten along in the past and it seems a shame that Mr. Lea is causing so much trouble for only three parking spaces...Doesn't seem like enough to cause such a big stink over, if you ask us! We appreciate any consideration you can give this matter. Since%ely, , ¢ _ k / 4: �r a 7 f*rN Y y r � u M E M O R A N D U M y. - - - - TO: Murray Warden FROM: Traffic Committee SUBJECT: Parking Limitation Recommendations - Downtown and E1 Camino Real Business .Areas. On Tuesday, July 28 , 1981, the City Traffic Committee met with the authorized representatives of the Citizen ' s Parking Review Committee. The purpose of this meeting was to discuss staff recommendations of the Citizen' s Committee from their meeting of July 21, 1981. A copy of the Citizen' s Committee report is attached for Council' s information. The meeting of July 28th was attended by the City Manager, Police Chief, Planning Director and Public Works Director as 9 representatives of the City Traffic Committee; Jim Cook, Irwin Manning, Herb LaPrade and Donna Williams-Harris as representatives _ of the Citizens Parking Committee; and Councilman Bill Stover. After a great deal of discussion the .following recommen _ i...n� fL1V1J Vi pGra i.-;g Contrcls were agree,: „prir 'by I)oth the city _ .. 47 staff and the Ci:izen' s . Committee representatives:. 1) Designat- ,the first 5 parking spaces on the south side of Entrada Avenue, west of Palma Avenue as 12 minute limited parking. Augment .the existing sign at this , location with painted green curb with 12 minute stencils. 2) Develop plans to utilize existing alleys and other City property for long term parking. ( 3) Eliminate the g parallel arallel parking spaces on the south side of Entrada from Palma to Lewis and replace them with diagonal parking spaces. 4) Sign and enforce a 2 hour parking limitation on the following downtown streets. Traffic Way, both sides - El Camino Real to Lewis , Entrada, Both sides -. El Camino Real to Lewis , West Mall, north side - E1 Camino Real to Lewis Palma Traffic Way to West Mall 5) Sign and enforce a 2 hour parking limitation on E1 Camino Real from the pedestrian cross walk adjacent to Atascaaero Bowl south to West Mall on both sides of the street. i ulTY OF ATASC ERO :M caR 1, DEPARTMENT OF PUBLIC WORDS 1918 CAD4979 NO I ' MENAGERIE a PARKING do + 1 a- + - 00 _ N UPHOLSTERY SHOP M + BRAKE S�10P ATA S. + PRINTING to + Q U NO PARKING RTAS. + J NEWS o + N ATA S. M + FORD NO PARRING REVISIONS Date DRAWN CHECKED; APPROVED: DATE X "j • - - -- o. p C,% k ^, O b tr a N I+i O N "1 OO c Z v No `r � opv € o J C3 �7N . N -•- O O O — — -C — — ra • � �' 1( _NC� � yc�itSNG� .q � y _ N E � ••fl to >c cN 0 a O -t•- C v J O O o m rT, A a kx X C.) � aO c c w co cli T O J to c^ 'n D �' k N ul O a CA ('N a a a n v rn v0° � " � n `'' 0u jt7 m � a xx xx x n b i Cs r o Z — M k N N act: -< ccflv pNq ;EN WN O O d v i Lq to . n co 'I) J C4 .0 co CA • O OCA i VrcET ii N\G AGENDA M E M O R A N D U M • TO: CITY MANAGER March 6, 1984 FROM: PLANNING DIRECTOR SUBJECT: Expiration of Terms for Members of the Building and Construction Board of Appeals Two of the positions on the Appeals Board need to be reviewed for replacement and/or reappointment. The terms of Karl Keksi (architect/engineer member), and Mike Bewsey (general contractor member) are expired. Due to Mr. Keksi' s recent death, there is an opening which must be filled. In the ;past an application filing period was estab- lished after which the Council interviewed applicants. This v seems appropriate for replacing the architect/en ineer member: However, ,the Council m want to consider reappointing Mr. Bewsey without considering additional applications. If not, the pro- cedure being used to replace the architect/engineer member would be appropriate. It would be beneficial to use the same filing • period/interview date for both positions if Mike Bewsey is not reappointed. I would suggest either Aril 2 or as the end of the filing period with either April 9 or April 23 for the interview date. 4 LAWRENCE STEVENS Planning Director G ps • METING- AGENDA M E M O R A N D U M • 6- f TO: CITY COUNCIL .0-/j A March 7, 1984 FROM: PLANNING DIRECTOR SUBJECT,: Community Development Block Grant (CDBG) .Program 1984 Funding Cycle Over the last several months, the Planning; Department Staff has been familiarizing itself with the CDBG Program (particularly changes in support of economic development) and evaluating possible projects which would be eliible for the grant program. Meetings were initiated by the Staff with proponents of various projects and the Chamber was requested to "keep their eyes open" for any possible, projects (par- ticularly in the economic development area) . The Planning Department hosted a public> meeting on January 31, 1984 to provide information about the CDBG Program and to solicit public input on possible projects. The various meetings and discussions have resulted' in identification • of the following possible projects for consideration under this program: 'l. Provide financial assistance to facilitate construction of a 102 unit motel-restaurant complex (`Simmons/Yip project) at Curbaril and El Camino Real in order to promote jobs creation 2. Provide financial assistance to facilitate construction of a 95 unit congregate housing project for senior citizens on E1 Camino Real to provide affordable`` housing., 3. Extend public sewers and street improvements along El Camino Real (generally between San Anselmo and Del Rio) to serve commercial/industrial properties to facilitate development leading to jobs creation. 4 Extend d Public sewers ers and related d im rovement s to ' existing, residential areas with , septic failure problems' to upgrade existing community facilities. 5. Provide parking and related improvements to serve the needs of the downtown area to facilitate jobs retention and creation. 6. Conduct a study to develop an economic development ` strategy. • 7. Construct various community facilities (i.e. park, pavilion, police station, library, etc. ) . Re: C.D.B.G. Progrit - 1984 funding cycle In reviewing each of these, it is important to understandthat the Small Cities CDBG Program is a competitive one (grant requests will • exceed available funds by 4 or 5 to_1) which means that while a par- ticular activity may be eligible, it may not be competitive. Appli- cations are evaluated relative to three broad national objectives which are: ,- Benefit to low and moderate-income families. - Aid in preventing or eliminating slums and 'blight. Meeting other community development needs having -part:ieular urgency. m. in a n, the State Legislative' has also'established primary pro- gram objectives as follows: At least 51% of the funds received by each applicant must be used to assist the targeted income group. (NOTE: Targeted income group is 80% or less of the area median family income. ) - A minimum of 51% of the funds authorized by the State must be for providing and improving housing and housing-related infra- structure for targeted income persons. Careful examination of these objectives, as well as associated imple- menting language in State regulations, and of the demographic charac- teristics of the City of Atascadero effectively precludes certain eligible activities (i.e. various community facilities) from consid- eration since minimum thresholds to benefit the targeted income group cannot be satisfied. A number of attachments are provided in an effort to give you a brief summary of the Small Cities CDBG Program. This matter is being brought to Council in order to determine which project will be undertaken by the City for the 1984 funding cycle. Once a project is selected, Staff will prepare the actual grant appli- cation for consideration at a public hearing on April 9, 1984. Appli- cations for grants (other than the economic development set-aside)< must be postmarked by April 10. The following comments and analysis are p rtinent to evaluating possible projects identified in prior meeti gs and discussions. SIMMONS/YIP MOTEL-RESTAURANT PROJECT This appears to be a particularly desirable economic develop- ment project. The project cost is .in the range of $3-3.5 million and 20-30 jobs, most of which would be low and mod- erate income, would be created. Requested CDBG funds would be in the range of $250,000-$350,000 probably to write-down the interest on the loan, although on-site or of .ate- provemen`t.s.. et�ld ber.pai _four �assaa grant or loan. The project !mss a good leveraging ratio of private and public funds, has a good ratio of CDBG funds per job created, would provide jobs primarily for low and moderate income persons and would provide revenue primarily through bed tax to the City. How-,' 2 Re: C.D.B.G. PrograW 1984 funding cycle • ever , as of March 5 , the project proponents have not secured the private financing commitment which is absolutely essen- tial to participation in the CDBG Program. Furthermore, it does not appear that such a commitment can be expected in an available time frame. 2.,,,-," YOUNG SENIOR HOUSING PROJECT This project intends to provide affordable housing for senior citizens. Application has been made to the Farmers Home Ad- ministration under their Rural Rental Housing for a $3. 4 mil- lion loan to construct the congregate housing facility. Re- quested CDBG funds are in the range of $475,000-600,000 for site acquisition and on and off-site improvements. This would allow a reduction in the FmHA loan and a corresponding reduction in rental costs to eventual tenants. Income eli- gibility requirements for. the FmHA Program appear a little less stringent than the CDBG Program so some assurances rela- tive to the targeted income group would be needed. According to the San Luis Obispo Housing Authority there is a very high need County-wide for rental housing affordable to senior citizens. 4 COMMERCIAL PARK SEWER/ROAD IMPROVEMENT PROJECT This economic development project is intended to improve public facilities in the area to encourage commercial and industrial development. Since the area is not one with low and moderate income residents and since the need cannot sat- isfy the "urgent need" definition, the only way that CDBG funds could be used is through the economic development set- aside. This requires committed users and jobs, a certain leveraging of private money with public funds and creation of jobs for low and moderate income persons. Investigation of several "in-the-mill"projects indicates that these threshold requirements cannot be satisfied by any of the known projects 4; SEWER EXTENSIONS TO SERVE RESIDENTIAL AREAS WITH IDENTIFIED SEPTIC SYSTEM FAILURES This project (or projects since several different areas are effected) is a good example of urgent need for community facilities - especially in light of the Regional Water Qual- ity Control Board cease and desist order. It appears that the biggest constraint to this project is the requirement that a minimum of 51% of the residents must be low and moder- ate income families (NOTE: Last year no projects with less than 70% low-mod benefit were funded. ) . While there are no block-by-block surveys of income characteristics to evaluate conformance with applicable criteria, general familiarity with demographic characteristics of affected areas indicates that threshold requirements are not likely to be satisfied. If this is considered to be a high priority project, surveys would have to be made to determine eligibility. In addition, no effort has been made to identify construction costs for 3 Re: C.D.B.G. Progr* - 1984 funding cycle these sewer extensions, prepare plans, etc. DOWNTOWN PARKING This would be an economic development project to add more parking to the downtown area to encourage new commercial activity (i.e. jobs) and to retain existing commercial acti- vity (i.e. jobs) . There is no project design or cost esti- mate at this time. Furthermore, there are no committed new users with new jobs, no evidence of existing jobs being lost, no identified public-private leveraging and no evidence of low-mod benefit. STUDY TO DEVELOP ECONOMIC DEVELOPMENT STRATEGY While studies certainly qualify as eligible activities under the CDBG Program, they cannot stand alone and satisfy either threshold or competitive criteria. It would not be possible to demonstrate benefit to 51% or greater targeted income persons. In addition, studies receive little or no rating points when impact is considered. The best way to perform _a study, if desired, would be to incorporate it into program administration for another related activity (i.e. a economic development study would have to be tied to an economic dev lopment activity) . COMMUNITY FACILITIES It is evident from recent meetings and discussions that there is a strong desire to construct or provide additional commu- nity facilities including a police station; a library, park, zoo and related jecr-eat�ion. ,facilities; pavilion improvement`s; nd more. owever , most of these=fac llitiea--erre' not eligibiel,, ►r` ctivitie since the program is oriented primarily to neigh r , rather than community-wide, facilities. It must ; also be noted that such facilities must serve areas with a minimum of 51% low and moderate income persons which general- \,ly precludes most community facility projects in Atascadero. A realistic assessment of available options for' the 1984 funding cycle leaves the City with the choice of either the Simmons/Yip Motel - Restaurant Project of the Young Serior Housing Project. Since economic developments set-aside projects have a continuous application cycle through September , it might be possible to apply for the Young project at a lesser amount in the hope that an economic development project will surface in the interim. 4 Re: C.D.B.G. P.rograt 1984 funding cycle cle PLANNING DIRECTOR'S RECOMMENDATION It is recommended that Staff be directed tog a are re CDBG rant p p application for the Young Senior ' s Housing Project for $475,000- $600,000 for review and approval at a public hearing on April 9 , 1984. law- v At, LAWRENCE STEVENS Planning Director a LS:ps 5 s FUND DISTRIBUTIOrd TOTAL AVAILABLE — APPROXIMATELY $27,000,000 51% MINIMUM FOR HOUSING AND HOUSING RELATED PROJECTS 1k% NATIVE AMERICAN SET ASIDE 30% ($ 5,100,000) ECONOMIC DEVELOPMENT SET ASIDE 1% (270,000) PRE—DEVELOPMENT GRANTS JOBS BILL ($7,000,000) ADDITIONAL AMOUNT AVAILABLE FOR ALL CDBG ACT I VI V I `TES - `ONE ?IMS ... 6Cs6 IV 3¢400lJe6O ue, n. C��(•3f3(! w• _ po)„f s{97cM GrCG J„`''Mp AfIAcP/Yl ,ava;lab� ��s GRANT CEILINGS of A4 o n I ® GENERAL PROGRAM - C60O0,01030 MAXIMUM FOR A SINGLE APPLICATION ECONOMIC DEVELOPMENT - $600,000 MAXIMUM FOR A SINGLE APPLICATION NO GRANTEE MAY RECEIVE MORE THAN $600,000 DURING A SINGLE FUNDING CYCLE FOR APPLICATIONS SUBMITTED UNDER THE GENERAL PROGRAM AND ECONOMIC DEVELOPMENT. THIS LIMITATION DOES NOT INCLUDE APPLICATIONS SUBMITTED UNDER THE NATIVE AMERICAN SET ASITE OR THE JOBS BILL FUNDS ® JOBS BILL - $600,000 APPLICATION MAXIMUM XTAaj/Vi 6 # 2 _ Y i he application for CDBG funds *11 require information n the status of the applicant rowth control mechanism. Eligibility to receive funds will be determined prior to grant award. ELIGIBLE The list of eligible activities consists of broad cate ACTIVITIES gories of activities and is all-inclusive except that (SECTION 70 58) under certain circumstances, additional activities may be eligible. For example, transportation facilities such as bus depots and airports are generally ineligible, but there may be situations where some improvements to these types of facilities are necessary to complete an economic development program, and might, therefore be eligible. The determination of eligibility of all activities will be a critical part of the application review process by the Department. Basic eligible activities fall into the three major categories of housing, public facilities, and economic development. These activities include, but are not limited to: (1 ) acquisition and disposition of real property, (2) public facilities and improvements, (3) property rehabilitation, (4) public services, (5) payment of the nonfederal share of a grant-in-aid pro- -� gram, (6) improvement of sites for assisted housing, (7) relocation assistance, (8-) expansion of industrial and commercial property, (9) historic preservation, and (10) comprehensive community planning. 3 For a complete listing of eligible activities, refer to Section 7058 of the State CDBG regulations. This list consists of broad categories of activities . Due to the recent passage of the Housing and Urban-Rural Recovery Act of 1983, however, three changes have occurred in the list of eligible activities which are not yet re- flected in this section: (1 ) the limit on public ser- vices activity has been raised from 10% to 15% of the grant to each local government; (2) shared housing oppor- tunities are an eligible activity; and (3) assistance to buildings for the general conduct of government is excluded. The following sections discuss some of the more common activities within these subject areas that are tradi- tionally funded with Community Development Block Grants. HOUSING As discussed in the previous chapter, California State law requires the Department to allocate at least 51% of the CDBG Program funds to provide or improve housing opportunities or for other housing-related activities for the benefit of the targeted income group. Housing -21- � � y RATING AND RANKING •Each of the four allocations, *eral , Native American, OF APPLICATIONS Jobs Bill , and Economic Development has unique eval ua (SECTION 7078) tion and rating considerations. A discussion of each allocation follows. GENERAL CDBG ALLOCATION ELIGIBILITY Chapter I provides a description of eligible applicants. Please refer to Appendix 5 for a complete listing of all eligible jurisdictions. PROGRAM DESIGN The evaluation criteria for the General CDBG Allocation are designed to evaluate:_ (1 ) the comparative needs for assistance of each applicant (based on the percentage of poverty level persons); (2) the percentage of program funds that will benefit the targeted income group (infor- mation provided by the applicant); (3) the comparative importance of needs that will be addressed; (4) program feasibility; and other factors such as: local commitment_ to addressing community development needs, the social , economic and environmental impact of the program, and consistency with .statewide planning objectives. The evaluation criteria also evaluate the comparative cost effectiveness of each applicant's proposal . The evalu- ation criteria are weighted by the maximum number of points assigned to each of the main categories of criteria as follows: Need for Assistance - 17% Benefit to the Targeted Income Group - 33% Other Program Impact factors 33% Cost Effectiveness 17% 100% The weighing of the evaluation criteria and their use in a way that compares applications to one another is con- sistent with the State objectives of funding applications that provide the greatest portion of funds benefiting the targeted income group, address the most serious community development needs , and demonstrate effective strategies and sound management. Under the rating sys- tem, applicants with modest, but well conceived programs, high levels of poverty, limited local resources , and serious needs are competitive with applicants that evi- dence less overall poverty, and comparatively extensive local resources and staff capacity. Applications for sewer and water improvements or economic development can be competitive with housing activities when these -59- .types of projects serve areas Oh concentrations of households or employees in the targeted income group and/or other sources of funds are added to the program. In this latter case, when other sources of funds are combined with State CDBG funds, it is necessary to clearly describe the extent and type of benefit to the targeted income group. Economic development programs are competitive when per- manent jobs will result for persons in the targeted in- come group at a unit cost that is comparable to the num- ber of households served by housing and public facili- ties programs. EVALUATION CRITERIA POVERTY INDEX The Department will compare applicant jurisdictions on (MAXIMUM 150 the basis of the percentage of population with incomes POINTS) below the poverty level as provided in the latest decen- nial census. The Department will assign points based on the relative extent of poverty. Applicants who elect to target their local program to fewer census tracts, enumeration districts, or civil divisions than there are in their jurisdictions shall receive scores based on either -those targeted census subdivisions or all the census subdivisions in the jurisdiction, which- ever results in a higher point score. The Department will obtain this data from the State Census Data Center. PROGRAM IMPACT This category of the rating system has two major compo- (SECTION 7078.2) nents: (1 ) extent to which the programs and activities (MAXIMUM 600 benefit the targeted income group; and (2) the overall POINTS) impact of each applicant's program in addressing commu- nity development needs, consistent with several State Program objectives. Benefit to Targeted Income Group A formula has been developed to measure the comparative extent of benefit to the targeted income group of each applicant's program. The formula works as follows: At least fifty-one percent (51%) of the program funds in each application must benefit lower income persons. Any program that meets no more than 51% benefit receives zero points. An application with less than 51% benefit will not be funded. Since the 300 points for this cri- terion are to be distributed among programs that provide 52%-100% benefit, the 300 points are divided by the 49 -60- • percentage points between 51%Qd 100% benefit. The product of this division is 6.12 points for each percent- age point from 52 to 100. Since 51% benefit is equal to zero, the number 51 is subtracted from percentages greater than 51 . For example, an application with 52% benefit would score 6.12 points; an application with 71% benefit would score 71 minus 51 , times 6.12 (or 122) points. An application with 100% benefit would score 100 minus 51 , times 6.12 (300) points. Overall Program Impact The criteria used to evaluate overall impact cover a wide range of subjects related to community development. Some of these criteria, however, pertain to problems or objectives that are not applicable or evident in every community. The criteria selected distinguish between - applicants that have the most comprehensive community development strategies based on their particular cir cumstances, needs, and opportunities. Applicants are encouraged to consider all the criteria in making deci- sions about the form and content of their applications in order to meet as many of the State Program objectives as is possible and reasonable within the local context.--.,- The ontext._:`The criteria in the State regulations will be used to categorize the overall impact of each application into one of four categories: insignificant impact, minimal impact, moderate impact, and substantial impact. The criteria under each category parallel one another, but the wording is slightly different in each category to distinguish between categories. Since most applicants will be considering several activ- ities as possibilities for funding under the Jobs Bill Allocation, applicants should consider how different activities will score in the program impact portions of the rating system. For example, the maximum point score for the program impact category of the rating system is determined by the Department based on information pro- vided by the applicant about how each activity in the proposed program meets the criteria in the rating cate- gory. If 50% of an applicant's State CDBG funds are proposed for housing rehabilitation that benefits only members of the targeted income group, the maximum score for benefit to the targeted income group for that activ- ity would be half of the total points for that rating category (or 150 points) . If the remaining 50% of the applicant's program funds provides 10% benefit to the targeted income group, the total point score for the application in the program impact category would be 165 points. Compute as follows: 50% of the total program funds (a) 100% = 150 points, (b) 10% benefit = 15 points. -61 We result is 165. If instead,Oe remaining 50% of the applicant's program funds is for activities that pro- vide 60% benefit to the targeted income group, the total point score for the application in the benefit category ` is 240 points, a significant difference. COST EFFECTIVENESS Applications will be compared to each other, based on (SECTION 7078,3) the Department's evaluation of information provided in (MAXIMUM 150 the application, using the following criteria: (1 ) POINTS) degree of private sector participation, (2) evidence of an efficient and effective use of funds based on a thorough assessment of the seriousness of the problems, (3) effective-long-range solutions to identified prob- lems, (4) relative staffing needs, (5) evidence that the program design increases benefit because of leveraging or revolving fund features, and (6) the applicant's rel- ative commitment to addressing its problems as shown by the use of supplemental local funds, zoning powers, and community development problems. Since applicants do not share the same level of resources and opportunities, the Department will take these factors into consideration in applying the cost effectiveness - criteria to each application. An applicant is not re- quired to comply with each of the cost effectiveness criterion. An application that demonstrates sound man- agement but higher than average unit costs because of documented geologic conditions or degree of housing de- terioration will receive more points than an application in which the costs are lower, but unsubstantiated by in- formation about conditions which affect unit costs. Since health and safety problems are the most serious and more expensive to remedy, applicants will not re- ceive a low score because unit costs are high, provided these costs are justified. For example, one applicant may choose to rehabilitate housing in serious disrepair; as a result, unit costs will be justifiably high. Another applicant may propose a paint-up, clean-up pro- gram with relatively low unit costs. Since the sub- stantial rehabilitation is a more serious problem than are cosmetic repairs, the applicant with the higher unit costs will not be penalized. -62- -fO.,4 (4J4) SUMMARY OF CHANGES SPECIAL ALLOCATION FOR ECONOMIC DEVELOPMENT r ro 30% SET ASIDE $°°�►bobge� CONTINUOUS FUNDING CYCLE FROf JANUARY 2 TO SEPTEMBER 15 ACTIVITIES CAN INCLUDE ALL CDBG ELIGIBLE ACTIVITIES; HOWEVER, EMPHASIS WILL BE ON ACTIVITIES WHICH LEAD TO JOB CREATION 1% OF THE 30% SET ASIDE FOR ECONOMIC DEVELOPMENT 900,000 PLANNING OR FEASIBILITY ACTIVITIES , MUST BE PART OF A SUCCESSFUL APPLICATION AND HAVE 10% MATCH, U14DER GENERAL PROGRAM, EXPANDS FICD REVIEW TIME TO 70 DAYS . DoT Po�r�f S�sTEM C141"CAj7- WS l�{ 3 TYPES OF PROJECTS 0 PROJECT-SPECIFIC MARKETING ANALYSES, ECONOMIC FEASIBILITY OR PLANNING ACTIVITIES WHICH PRECEDE JOB PRODUCING PROJECTS EXAMPLE: A) A STUDY TO DETERMINE THE FINANCIAL FEASIBILITY OF CITY PARTICIPATION IN A HOTEL DEVELOPMENT B) A STUDY TO DETERMINE THE POTENTIAL USES OF A CLOSED FACILITY 0 LOANS BY A COFIMUNITY TO PRIVATE, FOR PROFIT BUSINESSES FOR CONSTRUCTION, EQUIPMENT, PURCHASE OF PROPERTY, OR ON-SITE IMPROVEMENTS EXAMPLE: LOANS AT COMPETITIVE OR BELOW MARKET INTEREST RATE OR TERMS TO ASSIST IN THE PURCHASE OF A NEW FACILITY BY AN EXPANDING BUSINESS 0 PROVISION OF OFF-SITE PUBLIC FACILITIES TO SUPPORT CREATION OF JOBS EXAMPLE: A) GRANTS TO A CITY TO PROVIDE EXTENSION OR REFURBISHING OF WATER AND SEWER LINES TO AN INDUSTRIAL PARK WITH COMMITTED USERS ------ �pNs�,.J B) PROVISION OF ROAD DESIGNED TO UPPORT SHOPPING Wip CENTER WITH COMMITTED USERS OTHER ELIGIBLE ACTIVITIES l 0 ACQUISITION OF LAND EXAMPLE: CITY PURCHASE OF LAND TO BE LEASED OR SOLD TO A BUSINESS, E,G . , INCUBATOR FACILITY 0 PUBLIC FACILITIES EXAMPLES: STREETS, WATER, SEWER, SIDEWALKS, DRAINAGE FACILITIES, PARKING, POWER GENERATION, RR SPURS, REPAVING, CURB AND GUTTER 0 ACQUISITION, CONSTRUCTION, REHABILITATION OF COMMERCIAL OR INDUSTRIAL STRUCTURES AND PROPERTY EXAMPLE: REHAB OF DEPARTMENT STORE, MOVIE THEATER TO BE DIVIDED UP FOR - NEW COMMITTED USERS GRANTING OR CONTRACTING WITH NONPROFIT ORGANIZATION TO CARRYOUT AN ECONOMIC DEVELOPMENT ACTIVITY p TOURISM EXAMPLE: FERRY BOAT START UP; RESTAURANT, INFORMATION CENTER CONDITIONED ON EXPANSION OF FIRMS IN A PARTICULAR AREA KEY POINTS � P'n7ra. a OVERALL APPLICATION MUST PROVIDE 51% BENEFIT OR MORE TO LOW AND MODERATE INCOME INDIVIDUALS , 0 CITY OR COUNTY IS OFFICIAL APPLICANT. 0 NEED FOR DOCUMENTATION AND RECORDKEEPING . 0 FUNDS TO BE USED ONLY IF PROJECT WOULDN'T OTHERWISE GO. 0 MUST HAVE LEVERAGE OF PRIVATE INVESTMENT THAT WOULDNIT HAPPEN OTHERWISE, 0 MUST BE COMPLETE WITHIN TWO YEARS. 0 DOCUMENTATION OF 51% BENEFIT: 5OA - LETTER FROM EMPLOYERS - TRAINING AGENCIES AGREEMENTS (&") EMPLOYMENT PLAN SALARY LEVELS 0 TALK TO BUSINESS COMMUNITY (PROMOTE PUBLIC/PRIVATE PARTNERSHIP)- 0 INTEREST RATES ARE NEGOTIABLE, DEPENDS ON LIFE OF ASSET TO BE FINANCED. 0 COMMUNITIES AND BUSINESSES MUST BE PREPARED TO PROVIDE : BUSINESS PLAN BALANCE SHEET - PRO FORMAS LETTER FROM BANKS - CASH FLOW ANALYSIS A ALL REGULAR CDBG PROGRAM OVERLAYS AND ASSURANCES APPLY: DAVIS-BACON - ENVIRONMENTAL REQUIREMENTS - FINANCIAL MANAGEMENT - PROCUREMENT - NON-DISCRIMINATION - CITIZEN PARTICIPATION - ACQUISITIONIRELOCATION - BIDDING AND CONTRACTING 0 DEBD/OLED AND NCD STAFF IS AVAILABLE TO DISCUSS POTENTIAL APPLICATION 0 DEBD AND HCD WILL BE HOLDING 7 ONE-DAY TRAINING SESSIONS IN NOVEMBER AND DECEMBER, 0 NOW IS THE TIME TO DEVELOP PROJECTS TO BE SUBMITTED IN JANUARY, 0 HOW DEBD PLANS TO MARKET AND PROVIDE TECHNICAL ASSISTANCE, RATING FACTORS Fj# ECO►10i11C DEVELON1Ei1T 1. THE NEED FOR THE PROGRAM OR PROJECT �PW 9-v CTRL N•N-�-lNAN�l-4L 2. OTHER ACTIONS BY THE APPLICANT IN SUPPORT OF THE ECONOMIC DEVELOPMENT ACTIVITY 3. NUMBER AND TYPES OF NEW OR RETAINED JOBS PARTICULARLY FOR THE TARGET INCO;•tE GROUP 4. TIME FRAME FOR CREATING JOBS 1 fk. .f i•,�H„t 5. EVIDENCE OF FIRM FINANCIAL CoiIMIYMENTS 6. POTENTIAL EFFECT OF AN IN—STATE RELOCATION 7. POTENTIAL ENVIRONiMENTAL EFFECTS a.. LEVERA • GE RATIO O�ePRIVATE SECTOR FUNDS COMPARED TO CD3G FUNDS ,,p,v �tor:...9r�3 P•;�w�. �, b E L�6cs 9. COST PER JOB ' 7,/rtfx. 7O. COST OF ADMINISTERING Ti-HE PROGR,� Ig f.la"f AdCt. -11 �r• fY URGENCY., S I ��:�It,� ?" P�- ':�� 12. 'TERMS AND COL.LATER;;L FOR LC)AI•.IS [LADE TO BIUSINESSES ��, APPLICA'NT'S PLAN? FOR REUSE OF P ._; Cf:S i4. COMPLIA NCE WITH NATIONAL OBJECTIVES Cy,,;� ;s Wt 1.5. CONSISTENCY WITH ECONOMIC DEVELOPMENT STRATEGY 1.6, SUITABILITY OF THE PROPOSED SITE 17. POTENTIAL EFFECT OF LIENS., LEASES OR EASEIMENTS S (.f V MEETING AGENDA r, ITEM =,�....,. MARCH 5, 1984 TO: City Manager FROM: Finance Director SUBJECT: Audit Requirements, Atascadero County Sanitation District In reviewing the necessary steps for assuming the total accounting functions of the Atascadero County Sanitation District on July 1, 1984, I find that the District has not been audited for the past two year period : ending June 30, 1983. This lack of accomplishment was an oversight on the part of the County. I have coordinated this requirement with the County and it was agreed that we should initiate the approval action through the Board to obtain the necessary audits prior to us assuming the District accounting responsibility. Enclosed is a proposal for the accomplish- ment of this audit from the Robert M. Moss Accountancy Corporation, our City Auditor, for $4400.00, which will cover the two year period • in question. This is an acceptable proposal considering the size of the account plus there are probable future savings and time advantages in havingthesame Independent Auditor handling both the City and District accounts. In addition, Iwould feel comfortable in having our auditor accomplishing this task which will certainly assist us in establishing continuity and clarifying possible problem areas when developing our new District accounts for FY 84-85. It is recommended that the Board authorize this expenditure from the current FY 83-84 District budget and that; the District Secretary be authorized to sign this proposal. Ralph H. Dowell Jr Finance Director RHD/rhd "7 7t*4-0-d. / e���IS�' v! fir 1►'� � r ROBERT M. MOSS ACCOUNTANCY CORPORATION CERTIFIED PUBLIC ACCOUNTANTS 802 EAST MAIN STREET SANTA MARIA, CALIFORNIA 95454 (805) 925-2579 0 ROBERT M.MOSS,C.P.A. SANTA MARIA,CALIFORNIA PAUL B. MOE.C.P.A. February 22, 1984 BEVERLY HILLS, CALIFORNIA RONALD A. LEVY.C.P.A. MEMBER AMERICAN INSTITUTE MAURICE M. KAHN, C.P.A. AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS t♦r.fff `- AND CALIFORNIA SOCIETY OF i\y�C E I t,f E N 3' 9 W0 MUNICIPAL FINANCE OFFICE" Mr. Ralph Dowell City of Atascadero P.O., Box 747 Atascadero, CA 93423 Dear Ralph: In accordance with our recent conversations concerning the Atascadero Sanitation District, our fee to audit the district for the two year period ending June 30, 1983 will be $4,400, our audit will be made in accordance with generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants and the Governmental Accounting, Auditing and Financial Reporting Committee and with the requirements of the California Statutes. If this audit proposal is acceptable, please sign and return • the enclosed copy of this letter in the envelope provided. Thank you for giving us the opportunity to submit a proposal for the audit. Very truly yours ROBERT M. MQSS ACCOUNTANCY CORPORATION Levy, C A. RL:mlm f Accepted By: (Name) (Title) (Date) 0 0 ROBERT M. MOSS ACCOUNTANCY CORPORATION CERTIFIED PUBLIC ACCOUNTANTS " 802 EAST MAIN STREET SANTA MARIA, CALIFORNIA 93454 (805) 925.2579 ROBERT M. MOSS, C.P.A. February 22, 1984 SANTA MARIA, CALIFORNIA PAUL B. MOE. C.P.A. BEVERLY HILLS, CALIFORNIA RONALD A.LEVY, C.P.A. MEMBER AMERICAN INSTITUTE MAURICE M. KAHN, C.P.A. AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS AND CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS Mr. Ralph Dowell City of Atascadero P.O. Box 747 Atascadero, CA 93423 Dear Ralph: In accordance with our recent conversations concerning the Atascadero Sanitation District, our fee to audit the district for the two year period ending June 30, 1983 will be $4,400. our audit will be made in accordance with generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants and the Governmental Accounting, Auditing and Financial Reporting Committee and with the requirements of the California Statutes. If this audit proposal is acceptable, please sign and return the enclosed copy of this letter in the envelope provided. Thank you for giving us the opportunity to submit a proposal for the audit. Very truly yours, ROBERT M. MOSS ACCOUNTANCY CORPORATION inn evy C.P.A. RL:mlm Accepted By: (Name) (Title) (Date) MEETING AGENDA T ..12 - l'ej� ITEM# • • RESOLUTION NO. 17-84 RESOLUTIONACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION OF THE ATASCADERO WATER RECLAMATION PLANT CONTRACT NO. P130305 WHEREAS, Atascadero County Sanitation District, ,did on April 12, 1982 award a contract to Pacific Mechanical Corporation, P. 0. Box 4041, Concord, California for construction of the Atascadero Water Reclamation Plant; and WHEREAS, the Public Works Director has certified that said work has been completed in accordance with the provisions of the contract. NOW, THEREFORE, BE IT RESOLVED that said work is accepted as completed on the 27th day of February, 1984,` and the City Clerk is hereby directed to file a Notice of Completion in the Office of the Recorder of the County of' San Luis Obispo. i ON+MOTION by Councilman W and seconded by Councilman (� the Atascadero City Council hereby adopts the fore- going proposed resolution in its entirety on the following roll call vote AYES: NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, CHAIRMAN APPROVED AS TO FORM: APPROVED AS TO CONTENT: ALLEN GRIMES, CITY ATTORNEY MU0AY L WARDEN, ATTEST: DY STRIC MANAGER BA A RB RAOR I N R S CITY CLERK NOTICE OF CONTRACT /Completion • Date February 29, 1984 TO• City Manager FROM Public Works Department 1. Contract No. P130305 dated for Atascadero Water Reclamation Plant Cal Fed C-06-1324-110 FmHA' 04-40-956000939 2. Contractor Pacific Mechanical Corporation .P.O. Box 4041 Concord, CA 94520 3. Work to commence b • Y Commenced work on Contract completed on February 27, 1984 Total days Contract days allowed extensions Total 4. Remarks Signed .,,"---- cc: igned ..%--cc: Contractor Finance • S fl 0 LU IS OBISPO CO OCOUNTY GOVERNMENT CENTER • SAN LUIS OBISPO,CALIFORNIA 93408 • (805)549-5252 f GEORGE C. PROTOPAPAS County Engineer CLINTON MILNE DEPUTY COUNTY ENGINEER GUY PREWIT COUNTY SPECIAL DISTRICTS ADMINISTRATOR ENGINEERING February 27 , 1984 DEPARTMENT ROADS TRANSPORTATION Atascadero County Sanitation District FLOOD CONTROL City of Atascadero WATER CONSERVATION 1 COUNTY SURVEYOR P. 0. Box 747 SPECIAL DISTRICTS Atascadero, CA 93423 Attention Larry McPherson, City Engineer Subject: Atascadero Water Reclamation Plant Cal Fed C-06-1324-110 FmHA 04-40-956000939 County Contract No. P130305 Dear Larry: The subject project was completed on February 27 , 1984 to our satisfaction. There were no liquidated damages since the project was completed in accordance with the working days allowed. We would recommend that the project be accepted by the Atascadero County Sanitation District Board and the Notice of Completion be filed with the Recorder. cerely, C GEORGE C. PROTOPAPAS County Engineer GCP/SS/nt NOTICE OF COMPLETION TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the undersigned Clerk of the City of Atascadero, San Luis Obispo County, California, that the Atas- cadero Water Reclamation Plant, Cal Fed C-06-1324-110 FmHA 04-40- 956000939 has been completed by Pacific Mechanical Corporation and that said work was accepted as complete on March 12, by the attached minute order of the City Council of Atascadero, dated March 12, 1984. BARBARA NORRIS, City Clerk The undersigned hereby deposes and says; That she is the Clerk of the City of Atascadero, San Luis Obispo County, California; that she has read the foregoing notice and knows the contents thereof; that the same is true of her own knowledge. I declare the foregoing to be true under penalty of perjury. Executed at Atascadero, California on this 12th day of March, 1984. BARBARA NORRIS, City Clerk