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Home My WebLink AboutAgenda Packet 12/13/1994 �UBLIC REVIEW COPY " do not r twmgmw AGN DA ATASCADERO 'CITY COUNCIL I REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM Tuesday, December 13, 1994 7:00 P.M. This agenda is prepared and posted pursuant to the requirements of Government Code Section 54954.2. By listing a topic on this agenda, the City Council ha expressed its intent to discuss and act on each item. In addition to any action identil. in the brief 9eneral description of each item, the action that may be taken shall include: A referral to staff with specific requests for information; continuance, specific din-cdon to staff concerning the policy ormission of the item,discontinuance of considerado ;authorization to enter into negotiations and execute agreements pertaining to the ite ; adoption or approval;and, disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on fife in the office of the City Clerk (Room 2081 and in the Information Office (Room 103), available for public inspection daring Cit Nall business hours. The City Clerk will answer any questions regarding;the agenda. In compliance with the Americans with Disabilities Act, if you need spedal assistance;to participate in a Citymeeting or other services offered by this City,please contact the City Manager's Office 005/461-50101 or the City Clerk's Office ff8051 461- 0741. Notifica- tion at least 48 hours prior to the meeting or time when services are needeg f will assist the City stuff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. RULES OF PUBLIC PARTICIPATION PLEASE SEE BACK PAGE CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CiTY COUNCIL COMMENTS COMMUNITY FORUM: Please see "Rules of Public Parficipation (Back Page) A. CONSENT CAL,EhJDAR: j All matters fisted under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below: There ill be no separate discussion on these items. A member of the Council or public may , by"!request, haus any item removed from the Consent Calendar, which shall then be eviewed and acted',, upon separately after the adoption of the Consent Calendar: 1. CITY COUNCIL MINUTES - November 8, 1994 2. CITY COUNCIL MINUTES - November 29, 1994 3. APPROVAL OF WARRANTS` FOR THE MONTH OF NOVE114SER, 1994 4. TENTATIVE PARCEL MAP 07-91, 9210 ATASCADERO AVE. - Acceptance of final parcel map to divide an existing parcel of approximately one acre into two parcels, each having a net area of approximately 21,500 sq. ft (Plotkin) 5. RESOLUTION NO. 119-94 - Authorizing the extension of a ease with the SLO County Genealogical Society for a library in the City Admir istration Building 6. RESOLUTION NO. 120-94 - Approving application for gra t funds under the used oil recycling block grant'program • B. PUBLIC HEARINGS: 1. ECONOMIC DEVELOPMENT ELEMENT -`Presentation by qreg Koert of Draft General Plan Element and recommendation of the Econoniic Round Table to refer the draft plan to the Planning Commission for hearingi 2. TENTATIVE PARCEL MAP 94-003, 8505 GRAVES"CREE RD. - Appeal of Planning Commission-imposed Conditions of Approval on pl, oposed division of 6.0-acre parcel into two lots of approximately 3 0 acres eac i (Lavallee/Wilson) C. REGULAR BUSINESS; 1. DISCUSSION ON ORANGE COUNTY FUND: A. Resolution No. 121-94 - Authorizing and directing City staff to:request a' property tax advance from the County of San L is Obispo for the second half of the 1994-95 fiscal year B. Resolution No. 122-94 Authorizing and directing City staff to obtain a line of credit from a financial institution to meet the short-term cash flow needs of the City 2 2. SAN GABRIEL BOOSTER STATION - Consideration of re nest by the Atasca- dero Mutual Water Co. to conceptually approve future alig ment of San Marcos Rd. across City property 3. GYRAL PLAN AMENDMENT REQUESTS-Consideration of Planning Comr-nist sion`s recommendation regarding initiation of hearings to onsider applications to amend the General Plan 4. QRDINANCE NO. 2§0 - Amending Title 8 Building Regulations Chapter 12 on unreinforced masonry buildings to amend time limits for compliance and related matters (Recommend motion to adopt on sgoons reading by titleonly) D. COMMITTEE REPORTS (The following represent adl hoc or standing committees. Informative status reports will be given, as Felt necessary.): 1 . S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 4. Economia Round Table 5. Finance Committee • 6. Highway 41 Realignment Community Advisory Co mittee E. INNQI IDUAL DETERMINATION AND/OR ACTION: 1. City Council> 2 City Attorney 3. City Clerk 4. City Treasurer F 5. City Manager F. CLOSED SESSION; , easons 1. CONFERENCE WITH LABOR NEGOTIATOR: G re ounr s Negotiator: City Manager Employee Organizations: Service Employees International Union, Atascadero Police, Officers Association, Atascadero Sergeants Service Organization, Atascadero Safety Technicians Organization,Mid-Managenient Bargaining Unit, and Management Bargaining Unit 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Employee: Police Officer 3 RULES OF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments as a citizen. To increase the effectiveness of your participation please familiarize yourseff with the'following rules of decorum: o !Members of the audience may speak on any item on the agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. items not on the agenda should be submitted during the Community Forum period (see below). o Persons wishing to speak should step to the podium and state their name and address, for the official record. o All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. o No person shall be`permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. a A person may speak for five (5).minutes. o No-one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. o Council Members may question any speaker, the speaker may respond,but, after the allotted time has expired, may not initiate further discussion. 0 The floor will then be closed to public participation and open for Council discussion. COMMUNITY :FORUM: o The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. 0 A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. o State law does not allow the Council to take action on issues not on the agenda;staff may be asked to,fo#dw up on such items. Agenda Item: A-1 Meeting Date: 12/13/94 ATASCADERO CITY COUNCIL NOVEMBER 8, 1994 MINUTES The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Carden, Highland, Johnson, Luna and Mayor Bewley Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Henry 'Engen, Community Development Director; Art Montand'on, City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Mike McCain, Fire Chief; Bud McHale, Police Chief and John Neil, Assistant City Engineer COMMUNITY FORUM: Atascadero resident Russ Wright asserted that he was angry about recent vandalism at City Hall and in the Sunken Gardens. He pointed out that City staff, citizens and tourists are being accosted by juveniles and mentioned that the bus stop on East Mall has become a gang hang-out. He proclaimed that it is time to take back City Hail and the downtown and urged the Council to direct the City Manager to instruct the Police Chief to aggressively address the problem. The Council directed staff to provide a status report to date on vandalism to City buildings and come back with a strategy for managing the problem. Eric Greening, 7365 Valle, also shared concern for vandalism. He emphasized that the problem is not that there are juveniles in the vicinity, but rather the behavior of some particular juveniles. He asked whether or not staff has studied the details of a recently passed federal crime bill to determine if the City may be eligible for funding to strengthen the Police Department. Andy Takata responded affirmatively and CC 11/08/94 Page 1 reported that the City will be submitting an application for grant monies. Mr. Takata added that the Community Services Department has identified some of the kids responsible for damages and is looking at ways to involve the kids in community service projects as a form of positive re-direction. David Lowe, 6500 Alcantara, announced that Boy Scouts from Troop 155 were present in the audience to observe. He noted that there are positive solutions out there to the problem and pointed out that many scouts are working constructively in the community. Livia Kellerman, 5463 Honda, inquired as to whether or not the pay phone formerly located outside City Hall will be put back. She explained that public phones are needed especially for citizens who, like her husband, use public transportation. Andy Takata reported that the City will be installing credit card phones in the building and pointed out that there is a public pay phone located outside at the junior high school. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - October 27, 1994 2. CITY TREASURER'S REPORT - September, 1994 3. RESOLUTION NO. 114-94 - Qualifying the Santa Lucia Bridge for the Federal Highway Bridge Replacement and Rehabilitation (HBRR) Program 4. RESOLUTION NO. 116-94 - Authorizing extension of existing cooperative agreement regarding the use of mortgage credit certificates in the City of Atascadero and authorizing application for additional MCC authority 5. RESOLUTION NO. 115-94 - Award a contract to Miller Drilling Co. for the construction of the reclaimed water extraction well project, Phase I (Bid #94- 06) 6. CONFIRM CHANGE OF CITY COUNCIL MEETING DATE - Reschedule Regular City Council meeting of Tuesday 11/22 to Tuesday 11/29 due to Thanksgiving holiday Councilman Johnson pulled Item #A-1 for minor correction. Marcia Torgerson pulled Item #A-3 for comments. MOTION: By Councilman Luna, seconded by Councilman Highland to approve Consent Calendar Items #A-2, 4, 5 & 6; motion carried 5:0. CC 11/08/94 Page 2 Re: #1. CITY COUNCIL MINUTES - October 27, 1994 Councilman Johnson asked that the Clerk substitute the word "preferred" for "safe" on page 9 (City/School Committee Report re: "routes to school"). MOTION: By Councilman Johnson, seconded by Councilman Luna to approve Item #A-1 of the Consent Calendar; motion carried unanimously. Re: #3. RESOLUTION NO. 114-94 - Qualifying the Santa Lucia Bridge for the Federal Highway Bridge Replacement and Rehabilitation (HBRR) Program Public Comments: Marcia Torgerson, 6200 Llano Road, read a prepared statement in opposition to proposed the bridge replacement (see Exhibit A). Karen Oakes, 6705 Llano Road, also spoke in opposition (see Exhibit B). ---End of Public Testimony--- Councilman Luna asked staff to provide background. Henry Engen explained that considerable public testimony has been received regarding the safety of the bridge. He added that this proposal represents response to the neighborhood concern. John Neil, Assistant City Engineer, reported that the bridge replacement has been in the replacement program for years because of inadequate width and funding is now available. He remarked that staff would have to explore further the option of widening the bridge rather than replacing it. Chief McHale repotted that there have been a few head-on collisions at the bridge because of the narrowness of the bridge. Councilman Luna suggested that the City attempt to collect its' 20% share of costs from the Millhollin mine operations. John Neil noted that the City may be able to negotiate this contribution as part of a new operations agreement. Councilman Carden commented that the bridge replacement is included in the Five-Year Capital Improvement Plan and the Circulation Element. He pointed out that the bridge has been an issue of concern at recent public hearings regarding the proposed Long Valley Ranches II (which was not approved) and most recently regarding 3-F Meadows expansion. Agreeing with Councilman Luna, he stated that he would like to look to the Millhollin Mine to provide some funds for replacement of the bridge. Art Montandon advised that the City can attempt to exact some conditions of approval which would require some participation as part of approving a revised reclamation plan for the mine. He noted that staff can also look at the Subdivision Map Act funding mechanism whereby the City could charge back to certain subdivisions that use the bridge the cost of improving it over time. Councilman Luna CC 11/08/94 Page 3 indicated that he would like to see something like this done. Councilman Johnson asked the City Attorney to comment upon safety and liability implications. Art Montandon explained that if the City has knowledge of an unsafe road condition or dangerous conditions on public property, it can in fact suffer some liability. He noted that by State standards the bridge is already deficient. MOTION: By Councilman Carden, seconded by Councilman Luna to approve Resolution 114-94 motion carried unanimously by roll call vote. MOTION: By Councilman Carden, seconded by Councilman Luna to request staff to come back with possibilities of alternate sources for financing the [City's] 20%; motion carried unanimously. B. PUBLIC HEARINGS: 1. ORDINANCE NO. 282 - Amending Ordinance No. 268, Section 2-13.03 of the Atascadero Municipal Code amending Parks & Recreation Commissioner terms (Recommend (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Brady Cherry provided the staff report and recommendation. Public Comments: George Beatie, Parks & Recreation Commissioner, noted that he agreed with the concept of the proposed ordinance. He suggested, however, that the Council continue the matter and study alternatives to advisory body recruitment and appointment procedures. He suggested that it may save the City some staff time and money to make appointments every other year instead of on an annual basis and proposed optional methods of appointment. ---End of Public Testimony--- Brief discussion followed. By mutual consent, the City Council continued the matter and directed staff to research alternative methods of recruiting and appointing advisory body members, including the Planning Commission, for Council consideration. C. REGULAR BUSINESS: 1 . GENERAL PLAN STUDY EIR - Consideration of proposed contract with SEDES to prepare an Environmental Impact Report (EIR) for a City-initiated General Plan Amendment and rezoning (Hendrix-Fredericks property) and possible extension of the Urban Services Line to include the remainder of the South Atascadero Specific Plan Area (cont'd from 10/27/94) CC 11/08/94 Page 4 Henry Engen provided background and the staff report. David Foote, EIR consultant, was present. Mr. Engen provided a summary of the total acreage involved and the estimated costs. He noted that no funds had been budgeted for this project and advised that the City Council would need to direct an appropriation to cover the costs. Council questions followed regarding funding the proposal. Henry Engen clarified that estimated costs do not include staff time and explained that Community Development Department work program priorities will need amending, if the project is approved. Following inquiry from Councilman Luna, the City Attorney indicated he would explore the possibility of whether or not the City can re-coup from future development costs associated with the preparation of the EIR when there is not yet a specific project. City Treasurer Micki Korba indicated she agreed there is a need to entice business, but commented that given the City's financial situation she did not support the present proposal. She urged the City Council to postpone making a decision until after the City's financial audit for 1993-94 has been received and reviewed. Councilman Carden pointed out that the last time this matter was discussed, the City Council requested that staff come back with a proposal for possible amendment to the sewer hook-up policy and asked staff if this issue was being addressed. Henry Engen confirmed that staff had received said direction and will prepare a draft revision to the mandatory hook-up requirement for future consideration. • Councilman Carden inquired if an economic analysis is required as part of the EIR. Henry Engen replied that it is not required by the California Environmental Quality Act (CEQA) and explained that the reason this type of study was included in the overall project is to determine what impact a commercial use would have on existing commercial uses, especially in the downtown. Discussion regarding the need for a project-specific EIR ensued. Henry Engen reported that an EIR would be required for any type of commercial development on the subject property because of traffic, drainage and change in intensity. He added that the General Plan demands an EIR when there are major changes proposed for the Urban Service Line (USL). Councilman Johnson asked the Finance Director to highlight the financial status of the City. Brad Whitty explained that the City is currently operating in the negative and without reserves because 87% of the City's projected revenue from property taxes has not yet been received. Public Comments: Eric Greening, 7365 Valle, urged the Council to listen to the City Treasurer's advice and wait. He remarked that the proposal looks sketchy and speculated that the EIR will not provide complete information without a project. CC 11/08/94 Page 5 Marj Mackey, 5504-A Tunitas, spoke in opposition to the EIR and voiced concern for the affect commercial development at the south end of town will have on the • downtown. She suggested further that condominiums would be a more appropriate use for the Hendrix property. O.W. Smith, 11705 Atascadero Avenue,expressed displeasure and opposed re-zoning the Hendrix property. Carol DeHart, 4035 Lobos Avenue, demanded to know who owns the subject property and why the City is considering using taxpayers dollars to pay for the EIR. Virginia Powers, 7505 Carmelita Avenue, read a prepared statement in opposition (see Exhibit C). Dick Chafin, 8250 San Dimas Road, spoke in favor and urged approval. He stated that the City needs a larger sales tax base. Debbie Carter, 12500 Santa Lucia, spoke in support and also urged approval. Leo Korba, 10509 Santa Ana Road, cautioned the Council to consider other alternatives and wait for the consultant's final report (Economic Development Element/Assessment of Business Potential Study prepared by Palmer Koert aka "Palmer Koert report"). Don Hanauer, 5555 Vida, commented that the City cannot survive on residential tax base alone and suggested that the Council take advantage of the "Dove Creek" project proposed by long-time Atascadero resident, Rex Hendrix. Tom McNamara, Atascadero business owner, also spoke in support and pointed out that Atascadero loses sales tax revenue to other cities. Ken Marks, 973 Circle Oak Drive, said he supports the concept of expanding the USL because it will entice development that will bring the City needed revenue. George Beatie, 10025 EI Camino Real, commented that while he was generally in favor of expanding the commercial sector, he was concerned about the City's financial situation. Speaking as a member of the San Luis Obispo County Zoological Society, Mr. Beatie expressed concern about funding for the Zoo and suggested that the City Council postpone approving this expenditure. He added that the City needs to take care of the facilities and assets it already has. Doug Lewis, Tunitas Avenue resident, encouraged the City Council to wait before making a decision until it receives the Palmer Koert report. He then asked how much the City is paying for the report. Henry Engen noted that the fee was approximately $31 ,000, most of which comes from a State grant. He added that the final report has CC 11/08/94 Page 6 been received, will soon be distributed and may be discussed at the City Council's . first meeting in December. Marilyn Barclay, 3730 Ardilla, spoke in favor of the proposal and asked the Council to move forward. Rich Larson, Ardilla Road resident, also provided testimony in support. Paul Heiman, 10760 Colorado Road, cautioned the Council not to take a risk at this time and asserted that it is the property owner's role to pay for the EIR. James Patterson, 9312 North Santa Margarita Road, voiced concern about the amount of money and staff time this proposal will cost the City. He pointed out that the City would not realize any revenue for several years and questioned whether or not the proposal will solve the problems Atascadero now faces. Eric Michielssen, 5300 Aguila, spoke in support of the concept and urged the City Council to make the investment. Livia Kellerman, 5463 Honda, spoke in opposition to the proposal and suggested that revitalization of the downtown become a priority. . At 8:50 p.m., Mayor Bewley called a recess. The meeting was reconvened at 9:02 p.m. The public hearing continued. Nancy Heiman, 10760 Colorado Road, encouraged Council to listen to the advice of the City Treasurer and urged the Council not to make a compulsive move. Resident Jerry Bond spoke in favor of extending the USL and stated that those who want to develop will to tie in to it and pay for it. He added that he was also in support of changing the zoning to commercial. Bob Powers, 7505 Carmelita Avenue, read a prepared statement in opposition (see Exhibit D). Dorothy McNeil, 8765 Sierra Vista Road, read a prepared statement in opposition (see Exhibit E). Joan O'Keefe, 9985 Old Morro Road East, read a prepared statement in opposition (see Exhibit F). Vince Lavorgna, 9170 Santa Barbara Road, commented in favor of changing the zoning from residential to commercial. CC 11/08/94 Page 7 John McNeil, 8765 Sierra Vista Road, read a prepared statement in opposition (see i Exhibit G). Carol Ball, 7070 Marchant, spoke in favor of the proposal. Sid Bowen, 5550 Cascabel, also spoke in support. Ray Jansen, 6655 Country Club Drive, shared concern with the number of already vacant commercial buildings in the downtown. Richard Summers, 5340 Magnolia, spoke in favor of the proposal. Jean Young Behan, 4925 Verano, submitted a statement of opposition for the record (see Exhibit H). ---End of Public Testimony--- City Council comments followed. Councilman Johnson commented that there is a need to revitalize the downtown, but emphasized that there is also the need to do more to enhance the economic vitality of the community. Councilman Highland stated that he could only support authorizing an EIR to extend • the USL to Santa Barbara Road and specifically to the 62-acres bounded by Santa Barbara Road, San Diego Road and Highway 101 . He suggested that the economic analysis proposed be eliminated. Councilman Luna asserted that he was opposed to approving the proposed EIR because it is speculative and because there is not yet a site-specific project application. In addition, he shared concern about making a commitment of twenty- five to thirty thousand dollars when the City has not yet looked at other alternatives such as formulating a formal retention recruitment policy. Councilman Carden commented that one of the tools the City has, short of developing certain areas itself, is to ensure that there is a proper amount of appropriately zoned property to provide continuance of atmosphere and services that citizens want. He argued that the City is already in a position where it cannot provide the services and cannot afford to delay further an opportunity to plan ahead. Mayor Bewley concurred with comments presented by Councilman Highland and proposed that the EIR be authorized, without conducting the economic analysis. He remarked that it could be done at a later date when there is a specific project. CC 11/08/94 Page 8 MOTION: By Councilman Carden, seconded by Councilman Johnson, to approve going ahead with the EIR for the rezone and extension of the USL around the Hendrix property less the economic analysis; motion carried 4:1 by roll call vote (Councilman Luna opposed). D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group - Councilman Highland reported that the Board had met, but there was nothing pertinent to report. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Luna requested that staff bring back, for Council consideration, options for implementing a funding mechanism to secure financial participation by subdivision owners and/or developers in the construction of public improvements. He reiterated support for seeking a share of costs from the Millhollin mine operation to provide iimprovements to the Santa Lucia bridge. 2. City Treasurer Micki Korba reported that she would be attending the Municipal Treasurer's Workshop in Pasadena the following day. 3. City Manager Andy Takata provided an overview of the next City Council agenda. The Ma yor adjourned to Closed Session at 10.01 p.m. F. CLOSED SESSION: 1. CONFERENCE WITH LABOR NEGOTIATOR: Negotiator: City Manager Employee Organizations: Service Employees International Union, Atascadero Police Officers Association, Atascadero Sergeants Service Organization, Atascadero Safety Technicians Organization, Mid-Management Bargaining Unit, and Management Bargaining Unit • CC 11/08/94 Page 9 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Employee: Police Officer Closed Session was adjourned at 10:12 p.m. The City Attorney announced that the City Council had given further direction to staff relating to labor negotiations (Item #1). In addition, he reported that the City Council had given direction to the Labor Negotiator and explained that no agreement had been approved (Item #2). THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, NOVEMBER 29, 1994 AT 7:00 P.M. MINUTES RECORD D AND PREPARED BY: LEE PRICE, City Clerk Attachments: Exhibit A - Torgerson, M. Exhibit B - Oakes, K. Exhibit C - Powers, V. Exhibit D - Powers, B. Exhibit E - McNeil, D. Exhibit F - O'Keefe, J. Exhibit G - McNeil, J. Exhibit H - Behan, J. CC 11/08/94 Page 10 CC 11/08/94 MARCIA MCCLURE TORGERSONEXHIBIT "A" 6200 Llano Road Page 1 Atascadero, CA 93422 466-7980 November 8, 1994 CC 11/08/94 EXHIBIT "A" Atascadero City Council Page 1 Gentlemen: As most of you know, for the last 2 years I have attended a fair amount of city meetings on a regular basis. It has given mea good perspective on how this cit 9 9 p p Y 9 9 operates. In p es. regards to this bridge, I have been able to witness, first hand, the political maneuvers that have brought this issue to this point. I also realize that my comments tonight probably won't make much of a difference because once that political ball is rolling, it's practically impossible to stop. Nonetheless, I will make my comments for the record. I have been told that the Santa Lucia or Graves Creek Bridge was constructed in the early days of Atascadero. It's a great bridge! I would even dare to say that this bridge, if it were properly maintained, could even be considered a historical structure! Why don't we tear down the Carlton Hotel and City Hall too? They're old and in need of repairs too: This bridge is one of the many reasons myself and many of my neighbors in Paradise Valley moved out there. It gives Paradise Valley that "rural character" that is encouraged in the General Plan. So, why has the city pulled this bridge out of its place in the stack of capitol improvements and put it on the top of the stack? The representatives of the city that I have spoken to say it's because the neighbors in Paradise Valley feel it is too narrow and unsafe and they want is replaced. If you believe that, then the political ball I mentioned earlier has done its job. It has clouded the actual facts for the purpose of a chosen few. The facts are that actually almost everyone I have ever talked to who live out in Paradise Valley say they love this bridge and, if this bridge is structurally sound, don't want it replaced. Yes, we are concerned about safety, but much of the entire stretch of Santa Lucia Road is just as narrow as this bridge; which means that much of Santa Lucia Road is as unsafe as that bridge. To give you a comparison, remember the road improvements you recently voted on for Portola Road? Well, your same argument pertains here also. Why replace and widen a bridge on a road that is no wider than the original narrow bridge? Most of the neighbors would like to see some sort of traffic control such as better signs or something that would make people slow down when approaching the bridge so that they can properly evaluate the traffic and maneuver appropriately. A traffic consultant would probably have some good suggestions. CC 11/08/94 (2) EXHIBIT "A" Page 2 Another fact is that Cal Trans inspects this bridge every two years. At each inspection, Cal Trans has stated in their reports that this bridge is structurally sound and that it is able to sustain all legal loads. However, they have repeatedly recommended, over a period of several years, to the city specific work that is needed to keep the bridge in good condition. The reports explain that the exposed rebar needs to be sandblasted and covered with cement. Also, cracks, that according to each subsequent inspection report are getting larger, need to be patched. Has the city done any of those repairs, no. Why?, good question. If you say they can't afford it, then why can they afford to pay the 20% required to replace a bridge that is structurally sound? I'm sure the minor repairs would be much less expensive. And besides, don't forget, the 80% that Cal Trans will pay for the replacement of this bridge is also coming out of all of our pockets! Unless you plan on widening all of Santa Lucia Road, why widen a small portion, such as this bridge? Why not just do the repairs that Cal Trans has suggested and have Cal Trans pay for 80% of a prefab foot bridge that you could place adjacent to this bridge? The bridge would be sound and repaired and the pedestrian problem would be solved. This solution would ensure safety to pedestrians crossing the bridge and save Cal Trans and the city a lot of money. This would be a solution that benefits the neighborhood and all taxpayers in Atascadero. Please don't spend money the city doesn't have to replace a bridge that only needs to be repaired and a pedestrian bridge added. Some day, when Santa Lucia Road is widened, the bridge can be replaced then, when it makes sense to do so. Sincerely, �'� li� I Marcia McClure Torgerson Attachments: Bridge Inspection Reports To: Mama 7oiyetson(F4bb-JUU............••-) 317194 at 18:07.38 srn:t�orrc�u2tcucrw► DWAR'Rr[W170F7RANLSPORtATION ' Bridge No 49C-0164 SUPPLEMENTARY BRIDGE REPORT os-MMAVA-soy Location Q5-SIQ=C.S,_gtFia Date of Investigation 7125/91Nam RR (�yta Tania Rd_ P TAana ,Rd. i RATINGS: K Deck s9 Superstructure (Q)_ 60 Substructure �5 73 Waterway Adequacy 2 61 Channel & Channel Protection Z_ Culvert _. 11 ,. n Approach Rdwy Align. 4 CODES: zi Custodlan ED rt Owner r 09 1 26 Functional Classification: Deck 19 Under Q " Str Open, Posted or Closed i n l 107 Deck Type Q 109 Wearing SurfacetProt Sys 600 Max CollPler Ht. ® 't' Pier/Abut. Prot, S5 Min Lat Uuderclr on Rt. Q s+Min-Vert Underctr FM 1 112 NUYS Bridge Length FY DATA: $' Bridge Width (NET) 18,41 109 Average Daily Trucks (% of ADT): Deck Y3_ Under NA L4 future ADT: Deck goon Under tom+ 1's Yr, of Future ADT: Deck _ 2011_ Under NP6 , Number•of Intermediate Joints: Q Hinges _ 0 @ Bents - 0 TYPE OF INVESTIGATIONIREPORT Bleunial X Category A Other Damage Underwater Office COND13:10 OF STRUCT= There is a longitudinal crack 4" in Trona edge of deck in the soffit of the lett overhang with spalling in several. areas. There is transverse reinforcing steel exposed in several places of the south half of span. Both transverse and longitudinal reinforcing steel exposed at the 2/3 point of the span. There is a longitudinal crack in the soffit of the left exterior girder with a spall exposing the stirrup and main reinforcing' steel at the 2/3 point. There are 2 vertical cracks neAr center of span in Girders '2,, 3 and 4. Otherwise, there is no significant change to this structure since the previous investigation. WQRK RECOMb ENDF.n Protect exposed reinforcing steel from rusting. SUPL Seal larger cracks. SUPH Pp�OFERSS CE:t)FjGIFy a CC 11/08/94 Paul S. •Cederburg No.25315 EXHIBIT "A" Regiaternd civil Engi Ems'fti31/83 Page 3 PEC/p fa-32291 OFC CZAR- 8-94 TUE 10:28 ATASCADERU 01 TY MX NU. 4611615 N. U2 STAORNU MARYMFN OF 9f TRA ltTAT[oN OUR R COPY Oridgc No. _ 49f`-0164 SUPPLEMENTARY BRIDGE REPORT Location -Q, S-t0-•5,9,--At-_az m+�,cax�wRli.Cttr Date of Investigutlon 1-11-23 Nam RATINGS: Sf Deck . (1) Superstructure ,4 80 Substructure I Waterway Adequacy (7) 61 Channel & Channel Protection I n Culvert N T,1 Approoeb Rdwy Align. a TYPE OF INVESTIOATIOWREPORT Biennial X Category A Otber Damage Underwater MCC MI-SIM - Vise permit capacity to xxxxX WM NOT Dnta>•; 1. The exposed reinforcing steel has not been protected from further corrosion. SUPL 2. The vertical Cracks in Girders 2, 3 and 4 has not been sealed. 3U9M !Q=TZIM OF ==T= The barrier rails continue to show Widespread cracking and spalling of the concrete. The longitudinal crack in the bottom of the left exterior girder is now over 20' long with 3' of exposed main reinforcing steel at the 2/3 point. The left deck overhang continues to deteriorate with heavy concrete cracking and . 101 of exposed reinforcing steel. AC has been placed on the structure since the last Supplemental Bridge Report. The toal AC thickness varies from 6" to 8" at this time. V= RECOMND&2 I. Do items listed under "Work Not Done". low 318 CT Load capacity calculations indicate that this structure is able to sustain all combinations of legal loads but no State pe.-Vit loads. tstiC.+•■'- Mike Johnson Reviewed and Approved by P F 5 Pe C• KA CC 11/08/94 EXHIBIT "A" !VG'4586231 M Erol G. Kaslan Page 4 it Fxp.1?1 /94 �F Registered Civil Engineer Mi/ECK/wb-06193 MAR-08-1994 10:23 4617615 95% P.02 CC 11/08/94 EXHIBIT "A" Page 5 • STATE OF CAUPORNIA DEPA.PUMNT OF TRANSPORTATION Bridge No, 49C-0164 SUPPLEMENTARY BRIDGE REPORT Dsau6(WV•3." Location- 05-SLO-C.�S.-$tds VM.cw,R'&-,rKCa7 Date of Investigation 4 Na� AygS RFFK (Santa Lucid ,fl at Llano ,1 RATINGS: se Deck 39 Superstructure 60 Substructure 7:Waterway Adequacy 61 Channel & Channel Protection 62 Culvert ?,Approach Rdwy Align. TYPE OF INYESTIGATION/REPORT Biennial Group A Other X Damage Underwater Office Paul Goryl, Bridge Construction Engineer in District 5, called to request an inspection of this structure in response to a citizen' s inquiry. It was reported the structure has visible concrete distress anti recent heavy truck traffic. MMITICN OF STMJ ME Longitudinal cracking of the exterior girders and spalling of the north girder and overhang has been documented in maintenance reports for several years. Cause of the deterioration is rust expansion due to reinforcen*nt corrosion. The exterior girders and overhangs have heavy moss growth which keeps the concrete moist and accelerates the deterioration. LOAD CUACITY The most recent Supplementary Bridge Report (1/11/93) included a capacity analysis due to added dead load, (increased depth of AC) . The structure is rated good for legal loads only. The capacity is not limited by the concrete distress at present, but if the condition is not corrected load restrictions will be required. MRK RECQMHMW.D Complete previously recommended work as follows: Remove spalled and unsound concrete along the path of corrosion (girder cracks) . Clean steel and place structural concrete patch. Remaining concrete cracks should be injected with epoxy. Additional work should be completed to prevent recurrence of the problem as follows: Scrape all moss from concrete surface and sandblast clean. Remove earth and weeds from deck area between curb and AC surfacing. Fill void with concrete or AC. -15-1994 10:55 75% P.0 APR-15-94 FRI 9:55 P. U2 BRIDGE NO. 49C-0164 SHEET 2 DA'L'E 3-22-94 WORK RECOMMENDED cont,_ Core drill drain holes along both faces of curb to direct surface flow through overhang instead of over the edge of deck. � �ApFESSrpN� 64k�Fy�� William R. Baker y 9 Registered Civil Engineer � No 116509 � WRB/pf a * Exp. cc: Paul Goryl - OSC, District 5 Robert Kobal, OSM&I �'T Erol Kaslan, OSM&I q CIC 4Q CC 11/08/94 EXHIBIT "A" Page 6 APR-15-1994 10:55 97% P.02 CC 11/08/94 EXHIBIT "B" Page 1 KAREN OAKES 6705 Llano Road Atascadero, CA 93422 (805) 461-3993 November 8, 1994 Atascadero City Council 6500 Palma Avenue Atascadero, CA 93422 RE: Consent Calendar Item 3: Resolution No. 114-94 "Qualifying the Santa Lucia Bridge for the Federal Highway Bridge Replacement and Rehabilitation (HBRR) Program" City Council Meeting of November 8, 1994 Dear Mayor Bewley and Council Members: 1 would like to present several thoughts for your consideration as you review the issues surrounding the Santa Lucia Bridge. Since the calendar calls for a vote on both replacement and rehabilitation without discussion of an either/or alternative, I will address both points. I strongly believe that the bridge should be rehabilitated and not replaced and that recent structural reports from CALTRANS support that position. The Santa Lucia bridge has historical and sentimental significance to many residents of Paradise Valley as well as adjoining communities and should have historical VALUE to the city of Atascadero. The bridge joins other edifices including this building in the makeup of the historic fabric of the town. Just as this structure is maintained and preserved, the bridge should be granted a more permanent place in our history through a planned program of repair and restoration. As a parallel, I would challenge you to consider the concerted efforts made in other areas of the country to maintain the rural character of communities. The townships of New England as well as cities in California are renowned for the preservation of their covered bridges. While the Santa Lucia bridge is not covered, it does represent early settlement of the Valley and an element in E.G. Lewis' vision for the city. • CC 11/08/94 EXHIBIT "B" City of Atascadero Page 2 . November 8, 1994 Page 2 of 2 From a practical perspective, replacement of the bridge is not warranted at this time and I believe previous schedules called for a useful life of 15 more years. I have attached for your closer study a copy of CALTRANS Supplementary Bridge Report dated 3/22/94. The investigation identifies cracking that has been reported [by CALTRANS] for several years and recommends "clean(ing) of the (exposed) steel and place(ment) of concrete patch" as well as injecting the cracks with epoxy. Additional clean up of moss and weeds is recommended. The report does not call for replacement. The surrounding neighborhoods have approached the Council in recent years on issues related to the bridge, issues that have threatened the preservation of the rural character of our area. A common denominator of many meetings has been a community recommendation for a foot bridge addition to the automobile traffic span now crossing Graves Creek. The basis of this recommendation remains the safety of pedestrian, bicycle and equine traffic. I believe that the addition of the foot bridge is compatible with the longer term historical preservation issues as well as realistic with fiscal constraints facing the city. My question to the local CALTRANS office re: application of the 80/20 funding policy to rehabilitation (vs. replacement) has not been answered. I believe that the $62,400 (20% x $312,000) required to replace the bridge would be money poorly spent. I would request that the Council direct staff to present cost estimates for repair of and foot-bridge improvements to the Santa Lucia bridge in concert with both your fiscal and historic responsibilities as agents of the community members. ASierely Karen Oakes Encl: CALTRANS Supplementary Bridge Report, 3/22/94 i CC 11/08/94 EXHIBIT "B" Page 3 ' STATE OF cALWOMA DEPARO�Of TRANS PORTn71oN Bridge No.�42C-QI64 selrPLEMENTARX BRIDGE REPORT tss90ttcy•1,+W Locatioq 05- A-C s.-Atas *".0-y-.,Mehr Date of IavestlZatioa3/22194 iVaaie GRAVES F'F1f !Santa u .iaSt,L11Q Rd 1 RATINGS: "Dedt S9 Superstructure 50 Substructure "Waterway Adequacy at Channel & Channel Protection 62 Cul.ert 7,Approach Rdwy Aiign. TYPE OF INVESTIGATION/REPORT Biennial Group A Other X Damage Underwater Office _ Paul Goryl, Bridge Constructioa Fliginaer in District 5. called to request an i-ispection of this structure iirx response to a citizen's inclui-ry. It was reported the structure has visible concrete distress aro recent heavy truck traffic. a&=TCN OF S1` r=1RF Longitudinal cracking of the exterior girders and spalling of the north girder and • overhang has been documimnted in maintenance reports for several years. Cause of the deterioration is rust expansion due to reinforcwk t corrosion. The exterior girders and overhangs have heavy moss growth which keeps the concrete (mist and accelerates the deterioration. MAD CbEh rY The most recent Supplementary Bridce Report (1111193) included a capacity analysis due to added dead load, (increased depth of AC) . The structure is rated good for legal loads only. The capacity is not limited by the concrete dist.zess at present, but if the condition is not corrected load restrictions Will be required. Ca uplete previously recomuter0ed work as follows Remove spalled and unsound concrete along the path of corrosion (girder cracks) . Clean steel and place structural concrete patch. Remaining concrete cracks should be injected With epoxy. Additional work should be comleted to prevent recurrence of the problem as follows: Scrape all moss from cnnerete surface and sar,&2asc clean. Remove earth and weeds from deck area between curb and AC surfacing. Fill void with concrete or AC. S BRIDGE NO. 49C-0164 •SHEET 2 DATE 3-22-94 bQM REC A2MM b cont Core drill drain holes along both faces of curb to direct surface flow through overhang instead of wer the edge of deck. Q¢b�lrss 1 B William R. Baker Registered Civil nngineer °C No 165 WEB/pfa * Exp- cc: Paul Goryl OSC, District 5 Robert Kobal, OSM&I y C 1%4 tv Qt's Erol Kaslan, Os.M&I OF CAS-�k� CC 11/08/94 EXHIBIT "B" Page 4 APR-15-1994 10:55 V.urcgilci,a Powe" Nov. 8, 1994 Lege than ;tw wee" ago, maV ciaEi pita cane to theae ch mcbeu to plead rami. you not to give oun ha&"mmed tax dotbw to a Jew wealthy developeae fox tke pv%vL6e o4 otru cru W theiA .Land bo ttiinp. At that bale bone oA you declared that you wexe elected on a pxo-bnnairteaa pta4o;m and weave carrying out yw A pvraaci,eea. At no time betoriee the a ketwn did ang o4 you &&to that the m.=& you a&"ed ogi ce you waM try to dncun the c V"A C&ff.PU lox the benmeAt o4 yanun �w deve-ipen Aiende. Mat i4 not /-t iA pNw-develop- memt and anti. bcWAeab. E want the ^cord to xead Aat the "Upm o4 htaecadew Amt the uae o4 o" tax do. two Am p v:.m a &dzxp&L6e- .i a wwthicat, .imwxal and pveeiblg ittegat.. (fiexe _ g aak ng you at thio timce to do the at* tk ng. Vote lo" on welfaxe Ax the mA. . CC 11/08/94 EXHIBIT "C" CC 11/08/94 EXHIBIT "D" 5 - !- ren -, On -L� ova _y 'r -_�� -c-�►�'�'h Ee A-r1 c.,t x-- . -ftw c> 6rjO, Jt V-e C� c.>ts Mcg, Ct N A-5�c� - -- - - _ _ _ _ - v m ® -off r UjAW WO t)Uf_ 'j o l�'a�cx� LuMVI-T-- Uj t 11 _ i November 8, 1994 To: Atascadero City Council CC 11/08/94EXHIBIT "E" From: Dorothy F. McNeil Page 1 Subject : Hal Carden proposal to change the General Plan Mr. Mayor and other Councilmembers :: It is obvious that this proposal to rezone certain, particular lands from residential to commercial was brewing well before the June election. The extension of the urban services line was a necessary part of the scheme to make the new commercial land useful or salable:. And, of course, the best part of the plan for the schemers was to make the rest of us pay for it . Candidates Carden and Johnson ran on a pro-business, not a pro- developer platform. To my knowledge the public was not made aware that Carden. and Johnson backed this massive re-writing of the General Plan. Had the voters been informed, I doubt that these two men would be sitting in those seats tonight. The reason it is obvious that they were in on the plan is Carden' s almost immediate proposal of it as soon as he was seated. Those benefiting from the plan are the owners of the land involved. We have heard their names many times in our city. Gordon Davis, Rex Hendrix, Bob Nimmo and the Fredericks family. Apparently they backed Carden and Johnson. The Bob Nimmo Council majority began the new policy of making the taxpayers, the residents, pay the bills for the developers. How much welfare do these developers want? They want us to pay the costs of rezoning the residential land they bought because it was cheaper than commercial land. Thus we pay to make their land more valuable , and we pay to have them increase our density. At the same time we pay to devalue the other commercial land in town. Then when a business wants to locate here , they make us pay the building permit fees and loan the money to the would-be business to build it . No wonder our city is broke ! It "s financially killing us to support the developers who are already very rich men. Mr. Carden claims that building big box stores at both ends of town will help our local business people in between. How silly! He did admit at the last meeting that present smaller retailers, so kindly called bottom feeders by Mr. nolmaine, may have to "sharpen their marketing skills" to survive . Very easy for Hal Carden to say. He works for a giant utility company with captive customers . No competition in his world! I said at the last meeting I grew up pro-business. It ran in the family. But I do not subscribe to the belief that "whatever is good for business is good for America. " I do not view with approval an America without Mom and Pop stores. I view with dismay an America of one huge box store after another--from town to town the same monotonous shopping. Many of the business malls have become clones with the same chain stores and merchandise . CC 11/08/94 EXHIBIT "E" Page 2 I view with even greater dismay the mentality of a council which thinks making the rest of us help the fat cats will improve the situation of all of us. The old trickle-down theory. It has never worked. The fat cats get fatter and fewer, and the rest of humanity gets thinner and thinner. When the thin ones can't buy what the fat ones produce, then it ' s sad, sad city. There was an article in the New York Review called "The New(", Threat to History. " I quote from it , but, unlike the ne*e-pa , I shall try to show my deletions which were needed to shorten the quote. "Governments, the economy, schools, everything in society, are not for the benefit of the privileged minorities. . .It is for the benefit of the ordinary run of people. . .Any society worth living in is one designed for them, not for the rich, the clever, the exceptional although any society worth living in must provide room for such minorities . But the world is not made for our personal benefit , nor are we in the world for our personal benefit . A world that claims that this is its purpose is not a good world, and ought not to be a lasting one. " This council needs to change its focus. It needs to think of what is good for all the residents and all the business people who are here now. It must not ask the whole to subsidize a few who have grown rich in this town and are in no need of any kind of handouts from the rest of us. DorothyMcNei 8765 Si r a Vista Rd. Atascad o, CA P gr I ; CC 11/08/94 Joan O'Keefe EXHIBIT "N 4��N Page l �- 0085 Old Morro Rd, E. For one night two *eek ago in this room, democracy worked. The voices of the people said over and over they did not want Atasoadern turned into another strip development shop till you drop, box city USA and their voice was heard by the majority of the council . The people said they liked the rural ambiance, of their bedroom city and they offered alternative suggestions for revitalization of the business oonmmnity. One of the Councilman took great umbrage with what he heard and chastised them for not offering suggestions. Suggestions were offered but he didn 't like what he heard from the collective voice of the people and so accused the people of throwing grenades. He said he represented the majority of the people, Well I never heard this Carden Johnson plan to add 500 acres into the USL mentioned in either of their campaign platforms. Maybe they didn 't think it would get votes. It would have been difficult to oo|l the public an economic stimulation program that will make three wealthy developers wealthier by increasing the value of their land at the tax payers, it is important to notice that there are no specific projects for either the Hendrix prupErty or the Nimmo-Davis property. JUST pipe dreams and .� �ZA/ «-o/tm c»/ uuAa+ Wds aojc/ 6 �n/ E/� grand s'�h'emes. Z se- this as a scheme pure and sfmpla to ha;e Ale" ` rezoned and Jensitv increased through the use of a program EIQ and than to sell it off piecemeal and not be bothered with the hassle of deslfng with a specific VvelVpmant proposal . It doesn 't assure one additional nickel to the oYtv ooffers. ' CC 11/08/94 EXHIBIT "F" Page 2 Th� Hsndrix Pi oporty is just that the H�I not Dove Creek, pa which was the oam,_�, to u p. proj�osed project. The Ninm*�-D�v�s property is no un� has come forth and said Z represent this company and we want to deve|op and executive park on th�s The fiscal problems the city -is exparieno�n� ere due in part to the -n 011 Cal �fornfa has experienoed. �e are not the only city exp�riencin� financial prob|ems but the economy is turning around ond it fs important to not take an action just for the sake of doing something. �tasoadero/ s is frequently compared to Faso Robles, Remember a lot of p*ople prefer to live in �tasoadero because its not Santa Maria north a-=, P�so IRmbleo lks rop-id|y be�nm�ng. Think throu: h the possible oonsequ�nces �f th-- actfyou ore taking this �v�nin,7. Many of c)ur problems with gattio� a vi�b\e stoppYng are� �re ralated to knee ��rk d�cisi�n� made in the past such as when a local citizen convinced the transportation ��mmission to p\aoe Hwy 1G1 p�r�} le| to ECR. Th was go�n� to brfng busfness +� the downtown and wa al ( know what it did - it killed the d�*ntnwn. When the H�ndrix property is developed it is very import.-Wit thot it b- a wel| thought out, pro��,ot because it has such a h�gh pi Howevrt of th;�, j-;s nf dve\opment is putting vut mono� up front. Gvv�rnm�nt hus no buness subsidlzi thy. -- ) / John 'JV. 1`IcP,ieil 8765 Sierra Vista Atascadero , CA 93422 Nov. 8, 1994 City Council of Atascadero CC 11/08/94 City Hall EXHIBIT "G" Atascadero , CA 93422 Honorable Mayor Bewley and Council iviembers : You have all read the General Plan of Atascadero . Councilman tlig'h.land collaborated in -the drafting of the Plan. It states as basic community goals : "There is a consensus to retain the overall character and atmosphere of rural living. " Gentlemen, you have a duty to the residents of Atascadero to abide by that basic goal even as Congressmen have a duty to support the Consti- tution of the United .States . What other cities in California have such a General Plan? Fresno, Santa Ana, Ventura, Salinas? This town is unique . Please do not destroy our rural character and make us just like all other cities . What will happen if we adopt Carden' s proposal to develop commer- cially the north and south ends of our town? We are told the added traffic through town will promote downtown business. Per- haps it would somewhat were it not for gridlock. Look at our traffic now and tell me how we can add to it without endless traffic jams . There simply are no feasible laterals to carry the additional traffic on El Camino , =3wy 101 , and Hwy 41. But then we are told about the big Prize - Tax Revenue . I call it the Big 11ioax. The anticipated taxes will not pay for more traffic si-nals, more police , more fire equipment , more schools, more pollution. We will still be broke . Goodbye to rural living. Certainly lim.ao , i:endricks , and Davis have the right to develop their property to business if it is zoned commercial , and to build homes if it is zoned residential . If you changed their commercial properties to residential zoning, they would -probably file lawsuits imii�ediately. How can you justify chanc=ing the 4onin.g on. their properties from residential to commercial? Can you convince the citizens the benefits to us will outweigh the costs? I submit Councilman Carden has not even attempted to evaluate the costs and benefits . yxJe are asked to nay for the EIS, and little t',ouUht seems to have been riven to the obvious negative economic and environmental impacts of his proposal . L)o you seriously believe the Carden proposal will retain the overall character and atmosphere of rural living -in Atascadero , the basic community goal of the General clan? • Since-rely, cc 11/0£3/94 EXHIBIT "H November 8, 1994 Dear Mayor and Council Persons: The truth comes out. The pro-business label some councilmen have pinned on themselves is nothing but a front. The speculative land development forces are at work. Councilmen Carden and Johnson's proposal, followed by Mr. Kolemaine's letter to the Editor, demonstrates clearly their total lack of interest in and support of Atascadero's business people. What an insult to call our retailers "bottom feeders". Carden and Johnson proposed to extend sewer service to the far north and south and to the west as well as rezone large areas from residential to commercial at taxpayers expense. This would increase property values and salability of those properties. A simple way to make money is to buy relatively cheap residential property outside the business district and then rezone it to increase the density(zone it for sewer), or betterlet, to commercial. It only requires the cost of environmental documents, application fees and a supportive vote on the council. No labor, no productive work is required. There is only one better way. Have the taxpayers pick up the initial bill for such speculative venture. This is very profitable for a few land owners, but it will do nothing for the business people. It will not fill the vacant stores, instead it will erode the property values of existing commercial and surrounding residential properties. As a taxpayer I strongly oppose the council majority's plan to spend our tax money to finance the speculative rezoning of Mr. Hendrix, Mr. Nimmo and Gordon Davis's properties on the outskirts of town. If the council majority was interested in supporting business they would revitalize the core of the city by implementing the Downtown Plan and initiating a redevelopment project within our city's center. Sincerely, Jean Young Behan 4925 El Verano Atascadero, CA 93422 NOTE: I will not be able to come to the City Council meeting. Please read my statement into the record. Agenda Item: A-2 Meeting Date: 12/13/94 * .NOTICE: THE MINUTES FROM THE CITY COUNCIL MEETING OF 11/29/94 WERE NOT AVAILABLE AT THE TIME OF AGENDA PREPARATION AND WILL BE DISTRIBUTED SEPARATELY UPON COMPLETION. Agenda Item: A-3 ,.M"ting Date: 12/13/94 * NOTICE:' , THE STAFF REPORT PERTAINI G TO TH ITEM W S NOT/IAVAILABtE AT THE TIM OF A DA PREP A- TION AND 4ILL BE DISTRIB TED PARATELY PON COMPLETION. r REPORT TO CITY COUNCIL meeting Date: 12/13/94 CITY OF ATASCADERO Agenda Item: A-3 Through: Andy Takata, City Manager From: Bradford Whitty, Finance Director SUBJECT• Payment of Audited Bills and Payroll for the Month of November, 1994. RECOMMENDATION: Approve certified City accounts payable, payroll and payroll vendor checks for the month of November, 1994. Attached, for City Council review and approval , are the following: A. Payroll Period End 10/28/94 Ck . #18518-18664 $130,296.30 Period End 11/11 /94 Ck. #18722-18863 131 ,318.39 Period End 11/25/94 Ck . #18887-19022 129, 697.47 B. Special Payroll Period 11 /07/94 Ck. #18693-18716 14, 280.99 Period 11 /25/94 Ck. #19025 1 ,380. 53 C. Payroll Vendors Ck. #19037-19043 33,853.92 D. Accounts Payable Ck. #48165-48647 452,545.55 The undersigned certifies that the attached demands have been released for payment in the total amount of $893,373. 15 and have been reviewed in conformity with the budget of the City of Atascadero and that funds a e v `1ab1 r t emands. Dated: BRADFORD WHITTY, Finan a irector Approved by the City Council at a meeting held LEE PRICE, City Clerk 000001 Y ! - m S m s m m S m S m S m S m m m S ffi S s m m+S iS'S o m 5m m m&m ffi m m ffi m m ffi m ffi ffi&ffi S m m m I z.: JAA.b. J - b. Ja JAJ bAJ A b. AAAA A A .AJA.DAAARB J. AAAA AA AJI.AAI-jY ! NLC•.'7tNl6•..GAiCa. 930ZG1tS:.TiwD3CC OCLT.2 W6.' 000.''iQ W p'.I) t-iC^.'L•�"LCCw9GQ° CCC.7s6iLCrT•7:'S ! s >..3. 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Takata Meeting Date: 12/07/94 City Manager File Number: TPM 07-91 From: Henry Engen Community Development Director SUBJECT: Acceptance of Final Parcel Map 07-91 to divide an existing parcel of approximately one acre into two (2) parcels, each having a net area of approximately 21,500 square feet. Subject site is located at 9120 Atascadero Avenue. RECOMMENDATION• Acceptance of Final Parcel Map #07-91. BACKGROUND: On October 8th and October 22, 1991, the City Council conducted a public hearing on the above-referenced map. Council approved TPM #07-91 subject to the Findings and the Revised Conditions of Approval. All conditions have been completed by the applicant. HE:ph Attachment: Location Map cc: Don Plotkin f ATTACHMENT B 4�7 CITY Or ATASCADERO Location Map (Gen, Plan ) TPM #07-91 COMMUNITY DEVELOPMENT DEPARTMENT W. r 1 v; •`_ f��,° ice_ • L Ile, S11 RET. t— ` b Ir FAI -COM. :� ��'� ►: l � 1C i4r. `tea � }' I �• `�� }-�• •.'�� l Y �� SC � ' • QRST � � ` y �� H[1 `l / , -C 0 M: / S!N G L .;FA S,� �;•1 SC4 E Z 00 PR iBw i EJ�rI10 fogVi 0 Y HIGH ITY E MIL I REPORT TO CITY COUNCIL AGENDA ITEM: A-5 CITY OF ATASCADERO THROUGH: Andrew J. Takata Meeting Date: 12-13-94 City Manager FROM: Brady Cherry Aldl� Community Services Director SUBJECT: Resolution authorizing a five year lease agreement with San Luis Obispo County Genealogical Society for a genealogical library in the City Administration Building. RECOMMENDATION: It is recommended the City Council approve the attached Resolution No. 119-94 for lease of library space in the City Administration Building. BACKGROUND: The San Luis Obispo County Genealogical Society, formerly known as the Central Coast Genealogical Society, has been granted permission to operate a genealogical library in the City Administration Building on the first floor for a number of years. The society has had the non-exclusive right and privilege to use Room 104 in the Administration Building. The Genealogical Society has been an excellent tenant during their occupancy of the leased premises. It has come to my attention that the previous lease agreement between the City and the Society expired in August of 1985. Therefore, the attached lease agreement has been developed to address the society's use of the premises for the next five years. In order for this agreement to be consistent with all other similar lease agreements, the annual rent will be $100. 00 per year. The proposed agreement will expire in November of 1999 . BC:vc ccgenlib.rep RESOLUTION ON NO. 119-94 II RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SAN LUIS OBISPO COUNTY GENEALOGICAL SOCIETY, A CALIFORNIA NON-PROFIT CORPORATION FOR USE OF A PORTION OF THE CITY ADMINISTRATION BUILDING FOR OPERATION OF A GENEALOGICAL LIBRARY The City Council of the City of Atascadero, California hereby resolves as follows: 1 . The Mayor is hereby authorized to execute an agreement with the San Luis Obispo County Genealogical Society for leased premises for the operation of a genealogical library. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 13th of December, 1994. ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney i LEASE AGREEMENT This Lease Agreement is made and entered into this date November 22, 19 94, by and between the City of Atascadero, a Municipal Corporation, organized and existing 4 under the general laws of the State of California, hereinafter referred to as "Landlord", and San Luis Obispo County Genealogical Society (S.L.O.C.G.S.).a California non- profit corporation, hereinafter referred to as "Tenant." 1. PARTIES 1.1 Landlord. 1.1.1 The Landlord is the City of Atascadero, California, whose mailing address and physical address for notice under the terms of this Agreement as follows: City of Atascadero • Attn: City Manager 6500 Palma Avenue Atascadero, California 93422 1.2 Tenant. 1.2.1 The tenant is San Luis Obispo County Genealogical Society, a California non-profit corporation, whose mailing address and physical address for notice under the terms of this Agreement is as follows: San Luis Obispo County Genealogical Society P.O. Box 4 Atascadero, California 93423-0004 1 2. LEASE PREMISES 0 2.1 Description of Premises. 2.1.1 As used herein, the terms "premises" or "leased premises" shall mean the building and real property described in "Exhibit A" attached hereto, and which is hereby incorporated herein. Unless the context otherwise requires, such terms shall include the building and other improvements presently existing or to be constructed in which the premises are or will be situated, and all fixtures heretofore or hereafter to be installed by Landlord therein. 2.1.2 As long as Tenant is not in default under this Lease, Tenant shall have the non-exclusive right to use the premise, together with such easements for ingress and egress as are necessary for Tenant's use and occupancy of the leased premises. 2.2 Parking Facilities. Tenant acknowledges and agrees that any parking spaces provided by Landlord in and around the building or the leased premises are solely for the convenience of the clients of Tenant or its members, unless otherwise specifically designated by the Landlord in writing. Landlord shall have the right to establish and enforce reasonable rules and regulations concerning the use of the parking area. 3. TERM OF LEASE • The term of this Lease shall begin on November 8, 1994. Subject to extension or sooner termination as hereinafter provided, this Lease shall continue for the term of five 5 ears. 4. RENTAL 4.1 Minimum Annual Rent. 4.1.1 Tenant agrees to pay to Landlord a minimum annual rent of 100.00,during each year of the term of this Lease. The annual rent shall be due and payable on January 15th of each year. All rents shall be paid in lawful money of the United States at the location designated in Section 1.1.1 and at such place as Landlord shall designate to Tenant from time to time in writing. 4.1.2 If so provided in "Exhibit C" attached hereto and which is hereby incorporated herein, the minimum annual rent shall be adjusted at the times and in the 2 O00007 manner specified in "Exhibit C",and Tenant agrees to pay Landlord the minimum annual rent, as so adjusted, at the times and in the manner provided by this Lease. 4.1.3 Should Tenant fail to make any payment of rent within ten (10) calendar days of the date when such payment first becomes due, or should any check tendered in payment of rent be returned to Landlord by Tenant's bank for any reason, then Tenant shall pay to Landlord, in addition to such rental payment, a late charge in the amount of ten percent (10%) of the annual rent, which the parties agree is a reasonable estimate of the amount necessary to reimburse Landlord damages and additional costs not contemplated by this Lease that Landlord will incur as a result of the delinquent payment or returned check, including processing and accounting charges and late charges that may be imposed on Landlord by its lender. Upon notice of nonpayment given by Landlord to Tenant, the entire amount then due, including such late charge, shall thereafter bear interest at the rate of fifteen percent (15%) until paid in full. 5. INTENTION OF PARTIES;NEGATION OF PARTNERSHIP Nothing in this Lease is intended and no provision of this Lease shall be construed to make Landlord a partner of or a joint venturer with Tenant, or associated with any other way with Tenant in the operation of the leased premises, or to subject Landlord to any obligation, loss, charge or expense resulting from or attributable to Tenant's operation or use of the premises. 6. PROPERTY TAXES AND ASSESSMENTS 6.1 Personal Property Taxes. Tenant shall pay, before delinquency, all taxes assessed against any personal property of Tenant installed or located in or upon the leased premises and that become payable during the term of this Lease. 6.2 Real Property Taxes 6.2.1 In addition to all other rent payable by Tenant hereunder, Tenant agrees to pay as additional rent its proportionate share of real property taxes if any, or any increases in real property taxes over taxes paid in the first year of this Lease, levied or assessed against the land and the building in which the leased premises are situated. Real property taxes for any fractional portion of a fiscal year included in the lease shall be prorated on the basis of a 360-day year. • 3 000008 6.2.2 Each year, Landlord shall notify Tenant of its proportionate share of the real property taxes payable by Tenant hereunder and Tenant shall pay Landlord the amount payable by Tenant at the time and in the manner provided for the payment of rent. 6.2.3 This Lease may create a taxable possessory interest. Tenant shall pay any possessory interest tax which may be levied as a result of Tenant's possessory interest in this leasehold. Possessory interest means any interest described in Section 107 of the California Revenue and Taxation Code, or successor statute and includes any interest described in Section 107.4 of the same Code, or its successor statute. This section is deemed to comply with Section 107.6 of the same code. 6.3 Taxes Defined; Special Assessments. The term "real property taxes", as used in this Section, shall mean and include all taxes, assessments, and other governmental charges, general and special, ordinary and extraordinary, of any kind and nature whatsoever, levied or assessed against all or any part of the building and other improvements and the land of which the leased premises are a part, including but not limited to assessment for public improvements, benefits or facilities (including parking district assessments) which shall be levied or assessed against the land and/or building or any part thereof, but excluding franchise, estate, inheritance, succession, capital levy, transfer, income or excess profits tax imposed upon Landlord. If at any time during the term of this Lease, under the laws of California, or any political subdivision thereof in which the leased premises are situated, a tax or excise or rents or other tax, however described, is levied or assessed against Landlord on account of the rent expressly reserved hereunder, in addition to or as a substitute in whole or in part for taxes assessed or imposed by California or such political subdivision on land and/or buildings, such tax or excise shall be included within the definition of "real property taxes," but only to the extent of the amount thereof which is lawfully assessed or imposed as a direct result of Landlord's ownership of this Lease or of the rental accruing under this Lease. With respect to any assessment which may be levied against or upon the building, land or improvements of which the leased premises are a part, and which under the laws then in force may be evidenced by improvement or other bonds, or may be paid in annual installments, Tenant shall be required to pay each year only the amount of such annual installment or portion thereof as Landlord shall be required to pay during such year (with appropriate proration for any partial year) and shall have no obligation to continue such payments after the termination of this Lease. 7. LANDLORDS MANAGEMENT OF BUILDING I, 7.1 Management of Building. Landlord shall have the right, in its sole discretion, to: 4 n ODOM) 7.1.1 Close the premises when and to the extent necessary for maintenance or renovation purposes; and • 7.1.2 To change the plan of the building to the extent necessary for its expansion, or the remodeling or renovation thereof, so long as the changes do not substantially interfere with ingress to and egress from or the location of the leased premises. 7.2 Rules and Regulations. Landlord shall have the right from time to time to promulgate, amend and enforce against Tenant and all persons upon the leased premises, reasonable rules and regulations for the safety, care and cleanliness of the premises and the building or for the preservation of good order; provided, however, that all such rules and regulations shall apply substantially equally and without discrimination, and no such rule or regulation shall require Tenant to pay additional rent. Tenant agrees to conform to and abide by such rules and regulations, and a violation of any of them shall constitute a default by Tenant under this Lease. 8. USE; LIMITATIONS ON USE 8.1 Tenant's Use of Premises. Tenant agrees that the leased; premises shall be used and occupied only for the purpose specified herein which is: to maintain and operate a Genealogical Library, and for no other purpose or purposes without Landlord's prior written consent. Tenant agrees diligently to conduct its business operations in all of the leased premises regularly and continuously during the term hereof. 8.2 Limitations on Use. Tenant's use of the leased premises shall be in accordance with the following requirements: 8.2.1 Insurance Hazards. Tenant shall neither engage in nor permit others to engage in any activity or conduct that will cause the cancellation of or an increase in the premium for any fire insurance maintained by Landlord, and will pay any increase in the fire insurance premiums attributable to Tenant's particular use of the leased premises. Tenant shall, at Tenant's sole cost, comply with all requirements of any insurance organization or company pertaining to the use of the premises necessary for the maintenance of reasonable fire and public liability insurance covering the building. 8.2.2 Compliance with Law. Tenant shall, at Tenant's sole cost and expense, comply with all of the requirements, ordinances and statutes of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the leased premises and the use and occupancy thereof by Tenant. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that Tenant has 5 000010 violated any such ordinances or statutes in the use of the premises shall be conclusive of that fact as between Landlord and Tenant. is 8.2.3 Waste; Nuisance. Tenant shall not commit, or suffer to be committed, any waste of the leased premises, or any nuisance or other unreasonable annoyance which may disturb the quiet enjoyment of the owners or occupants of adjacent areas, buildings or properties. 9. ALTERATIONS 9.1 Change by Tenant. Any alterations, additions, improvements or changes, including any remodeling or redecorating, that Tenant may desire to make in, to or upon the leased premises, shall be made at Tenant's sole cost and expense and in compliance with all applicable governmental requirements. All such alterations and improvements shall be made only after first submitting the plans and specifications therefor to Landlord and obtaining the consent of Landlord thereto in writing. Any such alterations or improvements shall at once become a part of the leased premises and, unless Landlord exercises its right to require Tenant to remove any alterations that Tenant has made to the premises, shall be surrendered to Landlord upon the expiration or sooner termination of this Lease. 9.2 Mechanics' Liens. Tenant agrees to keep the leased premises and any improvements thereon at all times free of mechanics' liens and other liens for labor, services, supplies, equipment or material purchased by or directly or indirectly furnished to Tenant. 10. UTILITIES 10.1 Tenant shall make all arrangements for and shall pay the charges when due for all water, gas and heat, light, power, telephone service, trash collection and all other services and utilities supplied to the leased premises during the entire term of this Lease, and shall promptly pay all connection and termination charges therefor. 10.2 The suspension or interruption in utility services to the leased premises for reasons beyond the ability of Landlord to control shall not constitute a default by Landlord or entitle Tenant to any reduction or abatement of rent. 6 000011 11. TENANT'S PERSONAL PROPERTY 11.1 Installation of Property. Landlord shall have no interest in any removable equipment, furniture or trade fixtures owned by Tenant or installed in or upon the leased premises solely at the cost and expense of Tenant, other than heating, ventilating and air conditioning equipment installed in or affixed to the leased premises or the building in which they are situated. Prior to creating or permitting the creation of any lien or security or reversionary interest in any removal personal property to be placed in or upon the leased premises, Tenant shall obtain the written agreement of the party holding such interest to make such repairs necessitated by the removal of such property and any damage resulting therefrom as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear, in the event said property is thereafter removed from the leased premises by said party, or by any agent or representative thereof or purchaser therefrom, pursuant to the exercise or enforcement of any rights incident to the interest so created, without any cost or expense to Landlord. 11.2 Removal of Personal Property. Provided that Tenant is not then in default, at the expiration of this Lease, Tenant shall have the right to remove at its own cost and expense all removal equipment, furniture or trade fixtures owned by or installed at the expense of Tenant on the leased premises during the term of this Lease, other than any heating, ventilating or air conditioning equipment installed by Tenant. All such personal property shall be removed prior to the close of business on the last day of the lease term, and Tenant shall make such repairs necessitated by the removal of said property and any damage resulting therefrom as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear. Any such property not so removed shall be deemed to have been abandoned or, at the option of Landlord, shall be removed and placed in storage for the account and at the cost and expense of Tenant. 12. CARE AND MAINTENANCE 12.1 Landlord's Maintenance. Except as otherwise provided in this Lease, Landlord agrees to maintain in good condition and repair, at the sole cost and expense of Landlord, (1) the structural components of the building and improvements in which the leased premises are located, which structural components are limited to the foundations, bearing and exterior walls (and any plumbing or wiring encased therein), sub-flooring and roof; and (2) common areas and the exterior of the leased premises; and (3) any heating, ventilating and air conditioning systems furnished by Landlord to the leased premises. 7 000012 12.2. Tenant's Maintenance. 12.2.1 Except as otherwise provided in this Lease, Tenant at its own cost and expense, agrees: A. To maintain throughout the lease term in good and sanitary order, condition, and repair, all portions of the leased premises, including, without limitation, (a) the interior of the leased premises, including flooring, exposed plumbing, lighting lamps and wiring, paint and finish; (b) any windows or skylights; (c) the storefront; (d) any personal property of Tenant situated in or upon the leased premises; and (e) any heating, ventilating or air conditioning equipment installed by Tenant in or upon the leased premises. B. To notify Landlord promptly of any damage to the leased premises or the building in which they are situated resulting from or attributable to the acts or omissions of Tenant, its invitees or its authorized representatives, and thereafter promptly to repair all such damage at Tenant's sole cost and expense. C. To provide janitorial services for the interior of the leased premises. 12.2.2 Tenant waives the provisions of Section 1941 and 1942 of the California Civil Code with respect to Tenant's right to make repairs and to deduct the expenses thereof from the rent payable by Tenant. 12.2.3 Landlord shall provide janitorial and trash collection services to the common and exterior areas of leased premises. Tenant shall provide janitorial and trash collection services to the interior areas of the leased premises. 13. INDEMNITY AND INSURANCE 13.1 Indemnification Agreement. This Lease is made upon the express condition that Landlord is to be free from all liability and claims for damages by reason of any injury to any person and damage to any property (including Tenant's), resulting from any cause whatsoever while, in, upon, about, or in any way connected with the leased premises are located during the term of this Lease, including without limitation, damage or injury caused by the elements or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, plumbing, air conditioning, or other electrical or mechanical fixtures or equipment, excluding only any damage or injury caused by the breach by Landlord of a duty imposed by law or under this Lease. Tenant hereby waives all claims against Landlord for, and agrees to indemnify and hold Landlord harmless from any g 000013 liability, damage, loss, cost or expense, including attorneys fees, for any injury or damage to persons or property resulting from or attributable to the fault or neglect of Tenant. 13.2 Public Liability and Property Damage. 13.2.1 Insurance Coverage. Tenant agrees to maintain in force throughout the term hereof, at Tenant's sole cost and expense, such insurance, including liability insurance against any liability to the public incident to the use of or resulting from any accident occurring in or about the leased premises, of the types and initially with the limits of liability specified in the Basic Provisions. Such policies shall insure the contingent liability of Landlord and the performance by Tenant of its indemnity obligations under this Lease. Landlord shall be named as an additional insured in each policy, and each policy shall contain cross-liability endorsements. The initial amount of coverage shall be $ 1.000.000. 13.2.2 Adjustment to Coverage. Tenant further agrees to review the amount of its insurance coverage with Landlord every three (3) years to the end that the protection coverage afforded thereby shall be in proportion to the protection coverage afforded at the commencement of this Lease. If the parties are unable to agree upon the amount of said coverage prior to the expiration of each such three (3) year period, then the amount of coverage to be provided by Tenant's carrier shall be adjusted to the amounts of coverage recommended in writing by an insurance broker selected by Landlord. 13.3 Proof of Insurance. Each policy of insurance required of Tenant by this Lease shall be a primary policy, issued by an insurance company reasonably satisfactory to Landlord, and shall contain an endorsement requiring thirty (30) days written notice from the insurer to Landlord before cancellation or changes in the nature, scope or amount of coverage. Each policy, or a certificate of the policy, together with evidence of the payment of premiums, shall be deposited with Landlord at the commencement of the initial term of this Lease, and at the commencement of any renewal term. 13.4 Landlord's Insurance. 13.4.1 Landlord shall maintain a program of insurance on the building in which the leased premises are situated, insuring against loss by fire and the perils covered by an extended coverage endorsement, and public liability insurance insuring against personal injury and property damage in the amounts not less than the fair market value of the building. . 9 00001,1 14. DAMAGE OR DESTRUCTION 14.1 Landlord to Repair. Should the leased premises or the building and other is improvements in which the premises are situated be totally or partially damaged or destroyed, Landlord shall promptly repair the same, except that Landlord shall have the option to terminate this Lease if(a) the leased premises or the building and improvements in which the premises are situated -cannot reasonably be expected to be restored under existing law to substantially the same condition as existed prior to such damage or destruction within ninety (90) days from the date that the insurance proceeds become available to Landlord; or (b) if the costs of such restoration would exceed one- half (1/2) of the full insured value of the building and other improvements in which the leased premises are situated; or (c) if the damage or destruction results from a casualty not customarily insured against by a policy of standard fire and extended coverage insurance having vandalism and malicious mischief endorsements. Any notice of termination given hereunder shall be given to Tenant within fifteen (15) days after Landlord determines the period of time required for and the estimated costs of such repair or restoration. 14.2 Termination; Abatement of Rent. 14.2.1 This Lease shall not be terminated by any damage to or destruction of the leased premises or the building and other improvements of which the premises are a part unless notice of termination is given by Landlord to Tenant, or by Tenant to Landlord as provided by this Section 14, and Tenant hereby waives the provisions of Sections 1932(2) and 1933(4) of the California Civil Code with respect to any such damage or destruction. 14.2.2 Should the leased premises be damaged or destroyed at any time during the term of this Lease, there shall be an abatement or reduction of the minimum monthly rent between the date of destruction and the date of completion of restoration, based on the extent to which the destruction interferes with Tenant's use of the leased premises. In the event that any repairs or restoration of the leased premises permitted or required by Landlord are of such a nature that they cannot reasonably be expected to be substantially completed within 270 days from the date any insurance proceeds first become available to Landlord, then Tenant shall have the right to terminate this Lease by giving notice of termination to Landlord, specifying the effective date thereof, within ten (10) days after the period required to restore the premises has been determined. 14.2.3 Should then-applicable laws or zoning ordinances preclude the restoration or replacement of the leased premises in the manner hereinbefore provided, then Landlord shall have the right to terminate this Lease immediately by giving written notice of termination to Tenant. 10 000015 15. ASSIGNING, SUBLETTING AND HYPOTHECATING 15.1 VoluntaryTransfers. Tenant shall not sell transfer or assign this Lease or � g any part thereof, or interest therein, or hypothecate or grant any rights hereunder, or create or permit any subleases for the leased premises. 16. DEFAULT BY TENANT;LANDLORD'S REMEDIES 16.1 Insolvency of Tenant. If during the term of this Lease (a) the Tenant shall make an assignment for the benefit of creditors; or (b) a voluntary or involuntary petition shall be filed by or against the Tenant under the law having for its purpose the adjudication of the Tenant as bankrupt, or the extension of time of payment, composition, adjustment, modification, settlement or satisfaction of the liabilities of the Tenant, or to which any property of the Tenant may be subject and, if the petition be involuntary, if said petition be granted; or (c) a receiver be appointed for the leased premises by reason of the insolvency or alleged insolvency of the Tenant and said receiver is not discharged within ten (10) days, or upon the hearing of a timely filed petition to dismiss, absolve or otherwise terminate the receivership, whichever shall later occur; or (d) any department of the state or federal government, or any officer thereof duly authorized shall take possession of the leased premises and the improvements . thereon by reason of the insolvency of the Tenant and the taking of possession shall be followed by a legal adjudication of the insolvency, or bankruptcy, orreceivership of Tenant, then upon the occurrence of any such contingency, Landlord shall be entitled to terminate this Lease for breach thereof by Tenant by giving written notice of termination and the same shall expire as fully and completely as if the day of such notice were the date herein specifically fixed for the expiration of the term of this Lease, and the Tenant will then quit and surrender the leased premises and the improvements thereon to Landlord, but the Tenant shall remain liable as hereinafter provided. 16.2 Breach of Covenant; Abandonment, Etc. If during the term of this Lease, Tenant (a) shall make default in fulfilling any of the covenants or conditions of this Lease (other than the covenants for the payment of rent or other charges payable by the Tenant hereunder); or (b) shall abandon the leased premises, then the Landlord may give the Tenant notice of such default or of the happening of any contingency in this paragraph referred to, and if at the expiration of ten (10) days after the service of such notice the default or contingency upon which said notice was based shall continue to exist, or in the case of a default or contingency which cannot with due diligence be cured within a period of ten (10) days, if the Tenant fails to proceed promptly after the service of such notice to prosecute the curing of such default with all due diligence within a reasonable period of time, the Landlord may terminate this Lease and upon such 11 termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.3 Failure to Pay Rent, Etc. If the Tenant shall make default in the payment of the rent expressly reserved hereunder, or any part of the same, or shall make default in the payment of any other rent or charge required to be paid by the Tenant hereunder or any part of the same, and such default shall continue for three (3) days after notice thereof by the Landlord, the Landlord may terminate this Lease and upon such termination, the Tenant shall quit and surrender the leased premises and the improvements thereon to the Landlord, but the Tenant shall remain liable as hereinafter provided. 16.4 Termination of Lease. It is understood and agreed that all the covenants and conditions of this Lease herein contained are covenants by Tenant and that in default of Tenant's fulfilling any of the same, Landlord may at any time thereafter at Landlord's option, forfeit this Lease and any holding over thereafter by Tenant shall be construed to be a tenancy from month to month only, for the same rental payable in the same manner as provided elsewhere in this Lease. It is further agreed that in the event of any breach of this Lease by Tenant, then Landlord, besides any other rights or remedies Landlord may have, shall have the immediate right of re-entry and may remove all persons and property from the premises. 16.5 Landlord's Damages. If Tenant breaches this Lease and abandons the premises before the end of the term, or if Tenant's right of possession is terminated by Landlord because of breach of this Lease pursuant to any of the foregoing provisions of this section, or otherwise, then in any such case, Landlord may recover from Tenant all damages suffered by Landlord as a result of Tenant's failure to perform Tenant's obligations hereunder, including but not restricted to, the worth at the time of the award (computed in accordance with paragraph (b) of Section 1951.2 of the California Civil Code) of the amount by which the rent then unpaid hereunder for the balance of the lease term exceeds the amount of such rental loss for the same period which the Tenant proves could be reasonably avoided by Landlord. It is further agreed that even though Tenant has breached this Lease and abandoned the property, the Lease may continue in effect for so long as Landlord does not terminate the Tenant's right to possession, and the Landlord may enforce all of the rights and remedies under this Lease, including the right to recover the rent as it becomes due under the Lease (in accordance with paragraph (b) of Section 1951.4 of the California Civil Code). Nothing contained herein shall diminish or take away the right of the Landlord to seek and obtain such equitable relief against Tenant as may be appropriate. 16.6 Remedies Not Exclusive. The Landlord, in addition to the rights hereinbefore given in case of Tenant's breach or default, may pursue any other remedy available to Landlord at law or in equity. 12 00001'7 • 17. POWER OF RECEIVER Upon a default by Tenant, Landlord shall have the right to obtain the appointment of a receiver to take possession of the leased premises and/or to collect the rents or profits derived therefrom, and Tenant irrevocably agrees that any such receiver may, if it be necessary or convenient in order to collect such rents and profits, conduct the business then being carried on by Tenant on said premises and that said receiver may take possession of any personal property belonging to Tenant and used in the conduct of such business, and may use the same in conducting such business on the premises without compensation to Tenant for such use. Neither the application for nor the appointment of such a receiver shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given by Landlord. 18. LANDLORD'S RIGHT TO CURE DEFAULTS Landlord, at any time after Tenant commits a default in the performance of any of Tenant's obligations under this Lease, shall be entitled to cure such default, or to cause such default to be cured, at the sole cost and expense of Tenant. If, by reason of any default by Tenant, Landlord incurs any expense or pays any sure, or performs any act requiring Landlord to incur any expense or pays any sum, including reasonable fees . and expenses paid or incurred by Landlord in order to prepare and post or deliver any notice permitted or required by the provisions of this Lease or otherwise permitted or contemplated by law, then the amount so paid or incurred by Landlord shall be immediately due and payable to Landlord by Tenant as additional rent. 19. WAIVEROF BREACH Any waiver, express or implied, by any party hereto, of any breach by any party of any covenant or provision of this Lease, shall not be, nor be construed to be, a waiver of any subsequent breach of the same or any other term or provision hereof. The acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default and shall constitute only a waiver of timely payment of the amount so received. • 13 000018 20. SIGNS ADVERTISING Tenant shall be entitled to place and maintain any sign or signs, if legally permitted, at a location on the exterior of the leased premises. No other signs, advertisements, notices or other exterior decoration or personal property of Tenant shall be placed upon or displayed by Tenant on any part of the building or the windows of the leased premises, or upon or about the exterior of the leased premises. 21. LANDLORD'S ENTRY ON PREMISES 21.1 Right of Entry. Landlord and its authorized representatives shall have the right to enter the premises at all reasonable times for any of the following purposes: 21.1.1 To determine whether the premises are in good condition and whether Tenant is complying with its obligations under this Lease; 21.1.2 To do any necessary maintenance, repairs, restoration or remodeling to the building or the premises that Landlord has the right or obligation to perform; 21.1.3 To serve, post, or keep posted any notices required or allowed under the provisions of this lease, including "for rent" or "for lease" notices during the last three months of this lease, or during any period while Tenant is in default, and any notices provided by law for the protection of Landlord's interest in the leased premises; and 21.1.4 To shore the foundations, footings, and walls of the building and to erect scaffolding and protective barricades around and about the building, but not so as to prevent entry to the premises, and to do any other act or thing necessary for the safety or preservation of the premises and the building if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or area. 21.2 Exercise of Right. Landlord shall exercise its rights under this Section in a manner that will not interfere unreasonably with Tenant's use and occupancy of the leased premises; provided that Landlord's entry and activities do not result from Tenant's default, Tenant shall be entitled to an abatement or reduction of minimum monthly rent to the extent that Landlord's entry and activities interfere with Tenant's occupancy of the leased premises. Landlord shall not be liable in any other manner for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of Landlord's entry on the premises as provided herein, except damage resulting from the acts or omissions of Landlord or its authorized representatives. 14 000014 22. SALE OR TRANSFER OF PREMISES If Landlord sells or transfers all or any portion of the premises, or the building, improvements and land of which the leased premises are a part, then Landlord, on consummation of the sale or transfer, shall be released from any liability thereafter accruing under this Lease. 23. SURRENDER ON TERMINATION;HOLDING OVER 23.1 Surrender of Premises. Tenant agrees to return the leased premises (except removable trade fixtures, furniture and equipment owned or installed by Tenant), to Landlord at the expiration or sooner termination of the lease term, in good condition and repair, reasonable wear and tear excepted. Should the Tenant hold the leased premises with the consent of Landlord after the expiration of the term of this Lease, then such holding over shall be construed to be only a tenancy from month-to-month and subject to all of the conditions and agreements herein contained... 23.2 Removal of Alterations. Landlord, by giving written notice to Tenant within ten (10) days before the expiration or termination of the lease, may elect to require Tenant to remove any alterations that Tenant has made to the premises, and if Landlord so elects, Tenant, at its sole cost and expense, shall remove the alterations specified by Landlord in its notice, and shall make such repairs necessitated by the removal of said alterations, and any damage resulting therefrom, as may be necessary to restore the leased premises to good condition and repair, excepting only reasonable wear and tear, before the last day of the lease term or within thirty (30) days of Landlord's notice, whichever is later. 24. NOTICES All notices hereunder shall be in writing and shall be deemed to have been given upon personal delivery or on the second (2nd) business day following the date on which sent by mail, postage prepaid, addressed, to the addresses set forth in Section 1.1 and 1.2 above unless changed in writing effective upon written notice to each party to this Lease. 15 �3�1�0 25. JOINT AND SEVERAL LIABILITY is Each person or entity named as a Tenant in this Lease, or who hereafter becomes a Party to this Lease as a tenant in the leased premises, or as an assignee of Tenant, shall be jointly and severally liable for the full and faithful performance of each and every covenant and obligation required to be performed by Tenant under the provisions of this Lease. 26. BINDING ON SUCCESSORS, ETC. Landlord and Tenant agree that each of the terms, conditions, and obligations of this Lease shall extend to and bind, or inure to the benefit of (as the case may require), the respective parties hereto, and each and every one of their respective heirs, executors, administrators, representatives, successors and assigns. 27. ATTORNEYS'FEES In the event that any legal action is instituted by either of the parties hereto to enforce or construe any of the terms, conditions or covenants of this Lease, or the validity thereof, the party prevailing in any such action shall be entitled to recover from the other party all court costs and a reasonable attorneys' fee to be set by the court, and the costs and fees incurred in enforcing any judgment entered therein. 28. PARTIAL INVALIDITY If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. 29. COMPLETE AGREEMENT This Lease, and the attachments and exhibits hereto, constitute the entire agreement between the parties and may not be altered, amended, modified or extended except by an instrument in writing signed by the parties hereto. The parties respectively acknowledge and agree that neither has made any representations or warranties to the other not expressly set forth herein. 16 0oov21 IN WITNESS WHEREOF,the parties hereto have executed this Lease on the • date set forth opposite their respective names. LANDLORD, CITY OF ATASCADERO Date: By R. DAVID _BEWLEY, Title a v rti^ Date:�sg �� Tenant: �� A—S8A'1—&5;&f !R.tst��a-tA'IZ.�L- • Attest: Approved as to form: LEE PRICE ARTHER R. City Clerk City Attorney A:\LEA.GE 17 0000'22 EXHIBIT A • Description of leased premises: A portion of Room 104 of the City of Atascadero Administration Building. ADDRESS: 6500 Palma Avenue Atascadero, California 93422 SQUARE FEET: 714 Square Feet 1 0000:10-113 EXHIBIT "C" 1. Rent Adjustments: Adjustments to rent will be reviewed on an annual basis. Any adjustments to rent will be made on JANUARY of each year. S.L.O.C.G.S.staff shall submit to City Administrator, prior to each December lst, information regarding - . Minimum annual rent for the term of this Lease Agreement shall be $100.00. 2. Late Charge: Ten percent (10%) of annual rent (see Section 4.1.3) 3. Proportionate shares: A. Building Expense/Real Property Taxes: Not applicable B. Insurance Not applicable C. Utilities/Services Reasonable cost of electricity, water, gas, building maintenance and trash collection to be paid to the City by S.L.O.C.G.S.at a cost in addition to the annual rent. Cost of telephone and interior janitorial service to be provided and paid directly by S.L.O.C.G.S. 3 000025 EXHIBIT "D" BUILDING RULES AND REGULATIONS The leased premises and the building shall be used and occupied by Tenant and its agents and invitees in accordance with the following rules and regulations, as they may be amended from time to time by Landlord: 1. Tenant and its agents and invitees shall not obstruct the sidewalks, common halls,l passageways, driveways, entrances and exits of the building; such facilities shall be used only for ingress to and egress from the leased premises. 2. All trash and refuse shall be stored in adequate containers and regularly removed from the premises. No trash or refuse of any kind shall be burned in or about the leased premises. 3. Tenant shall not alter any lock or install any new or additional lock or bolt on any door of the premises without Landlord's approval, and shall furnish Landlord with a • duplicate key for any such lock installed with Landlord's approval. 4. Tenant shall not mark, drive nails or screws, or drill into the partitions, woodwork or plaster or in any way deface the premises. 5. All moving of furniture, freight or equipment of any kind shall be done at the times and in the manner prescribed by Landlord and through entrances prescribed for such purposes by Landlord. 6. Upon request of Landlord, Tenant shall furnish to Landlord a current list of the names, vehicle descriptions and vehicle license numbers of each of Tenant's agents who utilize the parking facilities of the building. 7. Landlord shall direct electricians as to the location and method of installation of telephone wires and no boring or cutting for wires shall be done without Landlord's consent. The location of telephones and other office equipment affixed to the premises shall be subject to Landlord's approval, which approval shall not be unreasonably withheld. • 4 000 8. Tenant, upon termination of its tenancy, shall deliver to Landlord all keys to office space that were furnished to Tenant or that Tenant has had made. Tenant shall • pay Landlord the cost of replacing any lost keys and, as the option of the Landlord, the costs of changing locks necessitated by the loss or theft of keys furnished to Tenant. 9. Tenant shall not affix or attach linoleum, tile, carpet or other floor coverings to the floor of the premises without Landlord's approval. 10. Landlord reserves the right to close and keep locked all entrance and exit doors of the building at night and on Saturdays, Sundays and legal holidays for the adequate protection of the building and the property of its tenants, but shall make adequate provision for access to the building by Tenant at all such times. If Tenant uses the premises when the building is closed and locked, Tenant shall assure that the doors of the premises and the entry doors are closed and securely locked before leaving the building. Tenant shall assure that all water faucets or water apparatus and all electricity have been shut off before Tenant or its agents or invitees leave the building so as to prevent waste or damage. 11. Landlord shall use its best efforts to enforce the Building Rules and Regulations on a uniform basis as to all tenants in the building, but Landlord shall not be responsible to Tenant or to any persons for the nonobservance or violation of these rules and regulations by any other tenant or other person. Tenant shall be deemed to have read these rules and to have agreed to abide by them as a condition to its occupancy of the leased premises_ a:\Iea.ge 5 • 000027 REPORT TO CITY COUNCIL Meeting Date: 12/13/94 CITY OF ATASCADERO Agenda Item: A-6 Through: Andy Takata, City Manager Via: Henry Engen, Community Development Director 44S From: Kelly Heffernon, Administrative Analyst SUBJECT: A resolution approving an application for grant funds to enhance the existing certified used oil recycling center at the Wil-Mar service yard. RECOMMENDATION: That Council adopt Resolution No. 120-94 approving an application for grant funds under the California Used Oil Recycling Enhancement Act (see Attachment A). BACKGROUND: During the past year, the City applied for and received two grants under the California Used Oil Recycling Block Program totalling $15,906 (see Attachments B and C). The purpose of the grant money was to establish and maintain a certified used oil recycling center at the Wil-Mar yard. This center opened in April 1994 with the arrival of a new 500 gallon used oil storage container. The program allows the public to drop off used motor oil on a consistent basis and has been very successful; from April to October of this year, the City has recycled 1,565 gallons of used motor oil. Under the California Used Oil Recycling Block Grant program, any local government is eligible to receive funding. Awards are based on the population formula of 31 cents per resident. With an estimated 1994 population of 24,664 (State Dept. of Finance, Demographic Research Unit), Atascadero qualifies for a maximum award of $7,645.90. The City is requesting the maximum amount. DISCUSSION: The grant, if approved by the State, will provide $7,645.90 for public education and promotion of the program, hauling costs of the used oil, the addition of recycling used oil filters and the purchase of an oil filter crusher. To better accommodate the public, Wil-Mar recently doubled its hours available for accepting the used oil. Council should note that the City is not liable for any oil spillage during transportation. The hauler will be insured against any hazardous waste spills. 000028 FISCAL IMPACT: No City funds will be used for this project. Encl: Attachment A: Resolution No. 120-94 Attachment B: 12/20/93 CIWMB letter of grant approval Attachment C: 6/28/94 CIWMB letter of grant augmentation approval ATTACHMENT A • RESOLUTION NO. 120 - 94 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE USED OIL RECYCLING BLOCK GRANT PROGRAM for the following project: ENHANCEMENT OF THE CITY'S CERTIFIED USED OIL RECYCLING CENTER WHEREAS, the people of the State of California have enacted the California Oil Recycling Enhancement Act that provides funds to cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by cities and counties under the program; and • WHEREAS, the applicant will enter into an agreement with the State of California for development of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero authorizes the submittal of an application to the California Integrated Waste Management Board for a 1994/95 Used Oil Recycling Block Grant. The City Manager, or designee, is hereby authorized and empowered to execute in the name of the City of Atascadero all necessary applications, contracts, payment requests, agreements and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. On motion by seconded by the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: • ADOPTED: 00003-0 Resolution No. 120 - 94 S Page 2 ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney i 000031 ATTACEAWNT B ADecember 20, 1993 RECYCLE Kelly Heffernon USED OIL City of Atascadero Community Development Department 6500 Palma Avenue Atascadero, CA 93422 Dear Ms. Heffernon: Board staff wish to congratulate you upon the approval of your Used Oil Recycling Block Grant application for funding during 1994. On December 15, 1993, the Board accepted and approved staff s recommendation that Block Grant funding of up to $7,636.00 be made available for implementing a local used oil collection program in Atascadero. Enclosed is a copy of the agenda item presented and approved by the Board. Before you can implement your Block Grant program and submit payment requests for reimbursement, the person authorized in the resolution from your governing body must approve and sign a contract ("standard agreement") currently being developed by Board staff. After Board staff has received any additional information or documents necessary for completing your application file, staff will send a contract for signature by your authorized person. Contracts will probably be sent to most applicants by mid-January. After you return the signed contract to the Board, your contract manager will process the contract and inform you when work can proceed. We again would like to thank you for your participation in the Used Oil Recycling Block Grant Program. If you have any questions or need assistance, please feel free to call. Sincerely, CALIFORNIA INTEGRATED WANE 'VI ANA G ESI ENT BOARD Chris Allen, Program Manager Darlene Falconer, Analyst Used Oil Grant Program Used Oil Grant Program 4800 (916) 255-2136 (916) 255-2657 CAL CENTER DR. SA, RASIENTO .CA( 40_6 9161 Pxn;u Ur aa ATTACHNI ENT C June 28, 1994 Kelly Heffernon • City of Atascadero Community Development Department RECYCLE 6500 Palma Avenue USED OIL Atascadero, CA 93422 RE: Used Oil Recycling Block Grant No. UOBG-93-29840 Dear Ms. Heffernon: Your request to augment the funds for the above Block Grant has been approved. The term of your grant began on January 1, 1994 and will terminate June 30, 1995. Attached to this !etter is an Amended Standard Agreement and the revised Budget Summary for your grant. These documents now reflect the total funds available for this grant, and incorporate the previous terms and conditions, the original grant request, augmentation request, and the Administrative Procedures and Requirements. Please review all of these documents, and: ■ enter your Taxpayer's Federal Employer Identification Number in the space provided at the top of the Standard Agreement; and ■ complete the four lines of the CONTRACTOR section. Please note.that the "Authorized Signature" must be your City Manager identified in the Resolution submitted with your grant application as having signature authority for your jurisdiction for purposes of this grant. The signed Standard Agreement must be returned to us no later than July_29, 1994. Up � receipt of the Standard Agreement your project manager will process the contract and send you fully executed copy. In order to facilitate all used oil grant recipients' understanding of the grant administrative requirements, the Board's Used Oil Grant Program staff will make a presentation at the Northern and Southern California Household Hazardous Waste (HHW) Information Exchange meetings in July to provide this information and answer any questions regarding the used oil grants. For those interested in attending the Northern California HHW Information Exchange meeting, please contact Lori Chappell at (510) 646-2286 (see attached agenda and map). The Southern California HHW Information Exchange meeting has been scheduled for July 20 but a location has not been determined. Please contact Mike Shetier, Riverside County Department of Environmentai Health, at (909) 358-5055 to obtain time and location of the meeting. These presentations will be given immediately following the CALIFORNIA HHW Information Exchange meetings at approximately 1:30 p.m. I encourage you or your INTEGRATED representative to attend the meeting nearest You so that the performance of your grant is conducted as smoothly as possible. WASTE NIA AGEMENT We are glad to be able to augment your additional grant funds and look forward to working with you ROA RD in the performance of this grant. If you have any questions regarding this grant, please contact your Project Manager, Darlene Falconer, at (916) 255-2657. Hope to see you at the HHW Information Exchange meeting. 8xoo CAL CENTER ISR. Sincerely, SACRA\1 F.NfO (9<6) ,c i__,o o Nguyen Van Hanh, Ph.D. Manager,Grants Section Itll:\'I.1.1:11 V.\I'IN t{Y - 1993/94 USED OIL RECYCLING BLOCK GRANTS • Budget Summary Form Applicant: Atascadero Date: Thursday,June 23, 1994 Contract Number: UOBG-93-298-40 Total Personnel Expenses: $0.00 Total Used Oil Transportation/Disposal Expenses $2,160.00 Total Contractor/Consultant Expenses: $0.00 Total Construction Expenses: $150.00 • Total Equipment Purchase/Rentals: $3,128.00 Total Materials and Supplies: $0.00 Total Public Education/Awareness: $10,270.00 Total Other Costs: $198.00 TOTAL GRANT AWARD: $15,906.00 Total Less 10% Retention Until Project Completed: $14,315.40 000034 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda ; Item: B-1 Through: Andrew J. Takata, City Manager Meeting Date: 12/13/94 From: Henry Engen, Community Development Director SUBJECT: Economic Development Element - Presentation by Greg Koert of Draft General Plan Element. RECOMMENDATION: Following discussion of the draft and the Economic Round Table's transmittal comments, refer the document to the Planning Com- mission for public hearing and recommendation back to the City Council. BACKGROUND: On March 24, 1994, the City Council considered the recommendation of the Economic Round Table for preparation of an Economic Develonment Element to the City's General Plan using Palmer.Koert as the consultants for this Community Development Block Grant project. The City had been recipient of a $30,000 CDBG Grant, which - coupled with a $3,600 City match- provided the funding for this effort. Since that time, Greg Koert has met in a series of study sessions with the Economic Round Table to develop the draft. (Note: The November 30, 1994 draft report incorporates typographical corrections to the October 31, 1994 draft) . The report takes the form of a proposed 11-page Economic Development Element to the General Plan, together with technical appendices comprised of (1) Business Climate Assessment; (2) Market Analysis of Retail, Tourism and Industrial Business Opportunities; and, (3) Promotion of Entrepreneurship, Business Development, and Job Growth. The basic purpose of the plan is to adopt formal City policies with respect to defining and implementing the economic development objectives of the City. WHAT'S NEEDED: Mr. Koert's presentation to the Council will conclude the services of the consultant on this project, and provides an opportunity for the Council and public to ask questions and comment on the draft. 00003.5 At their November meeting, the Economic Round Table identified several areas where they thought the hearing process might serve to strengthen some of the recommendations. It would be helpful for the Council to highlight any specific areas that they would like the Planning Commission to particularly focus on when the matter comes before them for consideration. HE:ph Separate Cover: City of Atascadero Economic Development Element, November 30, 1994 cc: Economic Round Table Planning Commission Micki Ready, Chamber of Commerce Don Price, Business Improvement Association Greg Koert, Palmer Koert 00003E WILS'}0 INi I "cM- WNWR,SON 5 LS 5571 6715 MORRO ROAD (805)466-2445 ATASCADERO,CALIFORNIA 93422 FAX(805)466-0812 Monday, December 12, 1894 To: City of Atascadem: Planning Department Attention Henry Engen Subject Appeal for TPM 94-003(Lavallee-Wilson) Dear Mr. Engen: We would like to request that the appeal of the Tentative Parcel Map 94-003 be continued until January 13 or whichever City Council meeting is on or about that date.The purpose is so we can investigate our case a little further and discuss this with the City. Thank you for your assistance on this matter. Si cer ly �C� Kenne D. ilson RECEIVEIDA �E 1994 COMMUNIR DEVELOPMENT REPORT TO CITY COUNCIL CITY OF ATASCADERO Item No: R-2 Through: Andy Takata, City Manager Meeting Date: 12-13-94 File No: TPM 94-003 Via: Henry Engen, Community Development Directort�i From:/PSteven L. DeCamp, City Planner SUBJECT: Appeal of Planning Commission imposed Conditions of Approval for Tentative Parcel Map 94-003 located at 8505 Graves Creek Road (Lavallee/Wilson Land Surveys) . RECOI-=NDATION: Deny the appeal . BACKGROUND: On November 15, 1994, the Planning Commission held a public hearing to consider the request of Don Lavallee, represented by Wilson Land Surveys, to divide an approximately 6.0 acre parcel into two (2) lots of approximately 3 . 0 acres each.. After considering the staff report (Attachment A) , the draft Negative Declaration (Exhibit E of Attachment A) , and the limited public testimony (see attached Minute Excerpt - Attachment B) , the Commission approved the project based on the Findings of Approval (Exhibit F of Attachment A) and subject to revised Conditions of Approval (Exhibit G of Attachment A) . Although the applicant only expressed concern over two (2) of the recommended Conditions of Approval at the time of the public hearing, he has filed a letter appealing the imposition of five (5) of the Conditions of Approval . ANALYSIS: Condition 7a. Road Improvements . The Planning Commission imposed a condition requiring that the Graves Creek frontage of the property be improved to a Rural Collector standard in conformance with the Circulation Element of the General Plan. Although the applicant protested this Condition at the time of the Commission' s hearing, the Commission felt that the applicant should contribute to the improvement of the road to offset the potential increase in traffic brought about by the increased density allowed by the property division. This Condition was imposed after the Commission made Map Finding #8 contained in REPORT TO CITY COUNCIL December 13, 1994 RE: TPM 94-003 Appeal Page 2 (Lavallee/Wilson Land Surveys) Exhibit F of the staff report . In 1987, a two lot subdivision located at 8255 Graves Creek Road was approved without road improvement or widening requirements . This subdivision occurred, however, prior to the adoption of the Circulation Element and the City' s Engineering Standards which call for improvement of Graves Creek Road to the Rural Collector standard. In light of what appears to be limited opportunities to obtain other road improvements through the subdivision process along this portion of Graves Creek Road, the Council may wish to refer this issue to the City Attorney for an opinion regarding a deferral agreement or an in-lieu fee arrangement . Condition 14 . Fire Hydrant . The Fire Marshal recommended that the project be conditioned to provide a fire hydrant along the accessway to proposed Lot 2 because of the length of the proposed driveway. After discussion with the applicant at the hearing, the Commission added the following language to Condition 14 : "The installation of residential fire sprinklers in the residence on Parcel 2 may be allowed, at the discretion of the Fire Marshal, to replace the requirement for the installation of a new fire hydrant . " This additional language gives the Fire Marshal discretion to eliminate the need for a new fire hydrant if, in his opinion, adequate fire protection can be provided by residential fire sprinklers . Condition 15 . Access Denial . The Commission typically requires that an access denial strip be provided along the frontage of subdivided parcels which can obtain access in a location common to one or more other lots . In this case, the accessway serving the rear lot (Parcel 2) would provide adequate access to Parcel 1 as well, thus eliminating the need for additional "curb" cuts on Graves Creek Road. This condition was not protested by the applicant at the Planning Commission' s hearing. Condition 16 . Road Maintenance Agreement . Because Condition 15 requires that the two lots share a common accessway, the Commission required that a road maintenance agreement be recorded with the map to ensure specifically that road maintenance and use not become a "potential source of trouble" as feared by the 1 0 000038 REPORT TO CITY COUNCIL December 13, 1994 • RE: TPM 94-003 Appeal Page 3 (Lavallee/Wilson Land Surveys) appellant . Road maintenance agreements are typically required where two or more lots will share a common access . Such agreements have not had a history of problems or controversy in this City where they have been required in the past. The imposition of this Condition was not protested by the applicant at the Planning Commission' s hearing. Condition 18 . Open Space Easement. The PlanningCommission conditioned this division to provide a fifty foot (50f ) wide open space easement along Graves Creek. This Condition is in response to the General Plan land use policies discussed in the staff report. Further, the Condition follows the precedent set by Conditions imposed on other lot splits along Graves Creek in proximity to this property. As with Conditions 15 and 16, this Condition was not protested by the applicant at the Commission' s public hearing. ATTACHMENTS : Exhibit A —Planning Commission Report : 11-15-94 Exhibit B - PC Minute Excerpt : 11-15-94 Exhibit C - Letter of Appeal cc: Don Lavallee, Applicant Ken Wilson, Agent for Applicant ATTACHMENT A CITY OF ATASCADERO Item• B . 1 STAFF REPORT • FOR: Planning Commission FETING DATE: 11-15-94 BY: oSteven L. DeCamp, City Planner FILE NO: TPM 94-003 SUBJECT: A parcel map subdivision of one (1) lot containing approximately 6 .0 acres into two (2) parcels containing 2 . 89 acres (gross) and 3 .09 acres (gross) . RECOMMENDATION: Staff recommends that the Commission: 1 . Find the Negative Declaration prepared for the project to be adequate under the provisions of the California Environmental Quality Act; and, 2 . Approve TPM 94-003 based on the Findings for Approval and subject to the Conditions of Approval in Exhibit F and Exhibit G attached to this report . SITUATION AND FACTS. 1 . Applicant . . . . . . . . . . . . . . . . . . . .Don Lavallee 2 . Representative. . . . . . . . . . . . . . .Ken Wilson / Wilson Surveys 3 . Project Address . . . . . . . . . . . . . . 9505 Graves Creek Road 4 . General Plan Designation. . . . .Suburban Single Family 5 . Zoning District. . . . . . . . . . . . . .RS (Residential Suburban) 6 . Site Area. . . . . . . . . . . . . . . . . . . . 6 . 11 acres 7 . Existing Use . . . . . . . . . . . . . . . . .Vacant 8 . Environmental Status . . . . . . . . .Negative Declaration posted October 28, 1994 ANALYSIS: The property proposed for division is located on Graves Creek Road approximately sixty feet (601 ) north of the intersection of Graves Creek Road and Santa Ana. Graves Creek forms the eastern boundary of the parcel . The parcel is an original colony lot I STAFF REPORT November 15, 1994 TPM 94-003 Page 2 containing approximately 6. 11 acres. The applicant proposes to divide the now vacant parcel into two (2) lots for single family residential development . The General Plan designates this property for "Suburban Single Family" development . In conformance with the General Plan, the property is zoned "RS" (Residential Suburban) , which has a 2 .5 to 10 . 0 acre minimum lot size. The minimum lot size in the RS zone is determined by a series of performance factors as follows: PERFORMANCE FACTOR SCORE Distance from Center (8000-10, 000) 0 .25 Septic Suitability (20-39 min/in) 0 .75 Average Slope (11-200) 0 .75 Access Condition (City road) 0 .40 Neighborhood Character (3 .71 ac) 0 .74 Minimum Lot Size 2 .89 acres Each of the proposed lots, at 2 . 89 acres and 2 . 89 acres (net) are equal to the minimum lot size for the zone they are located within. Lot 2 is 3 .09 acres in size; however, when the accessway is deducted per the Subdivision Ordinance, the net size of the lot is 2 . 89 acres. Site Characteristics As with many "Colony Lots", this is a long, narrow lot . The lot has a street frontage of approximately 200 feet with a depth of over 1000 feet . The property rises from an elevation of 925 feet along its street frontage to a height of approximately 965 feet at its center before dropping again to approximately 900 feet along Graves Creek. Although the lot is relatively steep at its mid-point, suitable building and septic system sites exist on both proposed parcels . There are numerous oak trees located on the property. The hill in the middle of the property also has brush and several rock outcrops . The City' s creekway mapping effort did, not find significant amounts of riparian vegetation on this property. Field investigation confirms this finding. Although there are not significant amounts of riparian vegetation on the property, the General Plan contains strong policy language 000041 r• i STAFF REPORT November 15, 1994 TPM 94-003 Page 3 relative to creekway preservation. Open space policies found in the Plan include: a. Scenic and sensitive lands including creeks, riparian corridors, wetlands and other areas of significant habitat value shall be protected from destruction, overuse, and misuse by the use of zoning, tax incentives, or fee acquisition. C. Scenic and open space easements, parklands and open space dedications shall be obtained through the subdivision and development review process, including but not limited to: floodplains, creek reservations, wooded areas, scenic backdrops, sensitive areas, historic sites and similar suitable areas . e. Lot splits shall be thoroughly evaluated and be in accordance with community plans and principles in order to retain the desired natural character of the community. In order to effectuate these goals, the City has requested that scenic easements with non-buildable areas be established with final maps for property abutting Graves Creek in the past. Staff is recommending that such an open-space easement be established over the eastern-most fifty feet (501 ) of Lot 2 where it lies adjacent to Graves Creek. This is not a recreation or public access easement; it is simply an open space reservation. Development of a driveway to serve Lot 2 will require the removal of some oak trees and brush. The home to be constructed on Lot 2 will need to be carefully designed and located so as to avoid unnecessary tree removal . There are, however, adequate areas on both lots to accommodate home construction. Flag Lot Findings Because proposed Parcel 2 is "predominantly situated behind another lot" it is defined by the Subdivision Ordinance as a flag lot . Section 11-8 .209 of the Subdivision Ordinance establishes specific findings that must be made prior to approving flag lots . One required finding is that the subdivision is consistent with the character of the neighborhood in which it located. Exhibit D has been prepared to assist in the consideration of neighborhood consistency. This exhibit shows existing flag lots in the neighborhood. As evidenced by this exhibit, there are 0i?�042 STAFF REPORT November 15, 1994 • TPM 94-003 Page 4 numerous flag lots in the neighborhood. Based on this assessment of existing neighborhood character, it is reasonable to make a positive determination of neighborhood consistency. Another required finding for flag lot approval -- that the proposed flag lot is justified by topographic conditions -- can also be made in the affirmative. First, a subdivision design where both new lots have direct frontage on Graves Creek Road would result in the creation of lots that exceed the allowed depth to width ratio. In addition, such a design would require two, rather than one, new driveway from the public right-of-way. Staff also believes that the proposed design is indeed justified by topographic conditions. With respect to the final finding -- that the installation of a standard City street is infeasible either alone or in conjunction with neighboring properties -- the Engineering and Fire Departments agree that access improvements required by the Subdivision Ordinance are adequate to provide service to a single family dwelling. • Flag Lot Standards Once it is established that the mandatory Flag Lot findings can be made, "approvable" flag lot subdivisions should adhere to certain design criteria, or standards, as contained in Section 11-8 .209 of the Subdivision Ordinance. These criteria are as follows : A. The accessway serving the flag lot(s) shall not be included in the determination of required lot area for any lot. B. The original lot shall have frontage on a dedicated street of at least the minimum length required by these regulations for the zone in which it is located, plus the accessway required to potential rear lots. C. The accessway to the rear shall be at least twenty (20) feet wide (developed to City Standards) for residential zones, except where the accessway is more than one hundred fifty (150) feet long it shall be at least twenty-four (24) feet wide with, twenty (20) feet of pavement. For all other zones, the accessway shall be at least thirty (30) feet wide with a paved roadway at least twenty-four (24) feet wide. D. Each lot shall have yards as required by the zoning regulations, including a ten (10) foot setback along any accessway, whether easement or lot line. E. The lot furthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility STAFF REPORT November 15, 1994 TPM 94-003 Page 5 easement over it. F. Lots utilizing the accessway of a flag lot may be required to enter into a road maintenance agreement to insure perpetual maintenance and repair of the accessway. G. A reflectorized house numbering master sign shall be located at the intersection of the street and accessway, and individual reflectorized address signs shall be placed on the right hand side of the driveway to each individual lot. The design of the proposed subdivision, along with the recommended Conditions of Approval, are adequate to ensure that each of the design criteria are satisfied. Environmental Review It is evident that each of the proposed lots has suitable building sites and septic system/leach field areas. Although the construction of a driveway will require the removal of some native vegetation and oak trees, adherence to the City' s Tree Ordinance will ensure the planting of suitable replacement trees. Likewise, if the eventual construction of homes requires additional tree removal, replacement plantings will be required. Staff believes that no substantial evidence exists to suggest that this project will have a significant adverse impact on the environment . Therefore, a Negative Declaration was prepared and posted in conformance with the California Environmental Quality Act . No comments regarding the adequacy of this document were received during the review period. Acgency Review and Comment The concerns of the City Engineer and the Fire Marshal, relative to required road improvements and the installation of a new fire hydrant respectively, have been addressed by the recommended Conditions of Approval. CONCLUSIONS: The proposed subdivision and ultimate residential development is an appropriate use of the property in question. All of the requirements of the City' s General Plan, Zoning Ordinance, and Subdivision Ordinance are satisfied by the design and conditioning of the subdivision. In addition, the project does not have any potential adverse environmental consequences . 000044 ti STAFF REPORT November 15, 1994 TPM 94-003 Page 6 ATTACHMENTS : Exhibit A - General Plan Map Exhibit B - Zoning Map Exhibit C - Tentative Parcel Map Exhibit D - Neighborhood Character Map Exhibit E - Negative Declaration Exhibit F - Findings for Approval Exhibit G - Conditions of Approval 0000,15 I ' 0 x� �r Jy� J �v 4 o CITY OF ATASC"ERO EXHIBIT B Zoning Map COMMUNITY DEVELOPMENT TPM 94-003 DEPARTMENT ��- {,pW ISO R •-1� L( H) o - RSC 4A, - -� -1 A L(FH) i _ _R S ROAD 1♦ LLA 0 0 Ot b J W _ J RS OU0J/1r7 EXHIBIT C CITY OF ATASCADERO Tentative Parcel Map . . TPM 94-003 COMMUNITY DEVELOPMENT DEPARTMENT 40 0 � i O0 . . I i� 9_ vpi Higy oil ' Pi= o a tills as oA S � EE i 9 ; ! � Noatvnu3s p 00118 EXHIBIT D CITY OF ATASCADERO - � � p Neighborhood Character Map "" COMMUNITY DEVELOPMENT TPM 94-003 DEPARTMENT � s n fi�� t\ t� R ��: //++ � ;may i'� '`Ms�♦ c .�1� � ` T ^� ,aE 243' + •! �/ y �� - •-.�+. .}�'Ss �'• 'ter '�+`.'� �� 'f� i. x"�'.^3=� z ;s x�t Y. .' ar iRM� �� e�-.'r's;�f. f/ ;..� :,rte}„ ?t2 � _ _;w.,, •°,•x h }!z '+ a.'a ... � �+-hy L t` � '$ '� �Y•� � lye � ,, d ..�°it x - :.: � 7C��7' ` �i. .—` +..•.. ..._ a� . R. .t�i` �, /°'.�" 'x •.. - ;,,may .7`.-_4(Y'� s'.'}F"}"'i '�-..:. 'k •y�'hE �- - �'�'"` � mak.. -v • 000049 EXHIBIT E CITY OF ATASCADERO ENVIRONMENTAL COORDINATOR NEGATIVE DECLAR.ATIONO COMMUNr1Y DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035 APPLICANT: D o 1J t,4V A"A_—�- 5-1 Z.5 57'aCK_,PAtA= " . F Aho 9-o e>L05, cA 934-4(e PROJECTTITLE: % %!v C PA IZ c��z MAP 9.4--o o-3 PROJECT LOCATION: '95_D5' 6jAAV 6_z15 a(L K i&'>A' L_/ PROJECT DESCRIPTION: Aff 12D*-,L t i" k,ez_V c> ptitZ� i rf 7o i w o C z) bo 75 a �- If Pt0ox.► xi4:o�Y 3. o &r_�5 C`ACt=4 FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited,but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERMINATION: Based on the above findings, and the information contained in the initial study(made a part hereof by refer- ence and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment. Henry Engen Community Development Director Date Posted: l o ,L - 514 Date Adopted: - CDD 11-8; 00oo o I EXHIBIT F 40 Findings for Approval Tentative Parcel Map 94-003 8505 Graves Creek Rd. (Don Lavallee) ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment . The Negative Declaration prepared for the project is adequate . MAP FINDINGS• 1 . The proposed map is consistent with the applicable General or Specific Plan. 2 . The design and/or improvement of the proposed subdivision is consistent with the applicable General or Specific Plan. 3 . The site is physically suitable for the proposed type of development . 4 . The site is physically suitable for the proposed density of development . 5 . The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat . 6 . The design of the subdivision, and the type of improvements, will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7 . The design of the subdivision and/or the type of proposed improvements will not cause serious public health problems . 8 . The road improvement conditions imposed are necessary to ensure compliance with the Circulation Element of the General Plan, to ensure the health, safety and convenience of the public traveling on and along Graves Creek Road, and are a necessary prerequisite to the orderly development of the surrounding area. FLAG LOT FINDINGS: i1 . The subdivision is consistent with the character of the 0000; 1 EXHIBIT F Findings for Approval Page 2 immediate neighborhood. 2 . The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 3 . The flag lot is justified by topographical conditions. 0000:)2 EXHIBIT G Conditions of Approval Tentative Parcel Map 94-003 8505 Graves Creek Rd. (Don Lavallee) (as amended 11-15-94) CONDITIONS OF APPROVAL: 1 . Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall exist at the frontage of each parcel or its public utilities easement prior to recordation of the parcel map. 2 . A six foot (61 ) wide Public Utilities Easement (PUE) shall be provided contiguous to all street frontages. 3 . A Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the site. A separate document shall be recorded in conjunction with the parcel map stating that a soils report has been prepared. The document shall state the date of the report along with the name and address of the soils engineer or geologist who prepared the report. The document shall indicate any soils problems which may exist on the newly created parcels . Engineering Division Conditions : 4 . The applicant shall enter into a Plan Check/Inspection agreement with the City. Prior to the recordation of the parcel map all outstanding plan check/inspection fees shall be paid. 5 . All improvements shall be constructed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 6 . An encroachment permit shall be obtained from the City Engineering Division prior to the start of any construction. 7 . Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to the recordation of the parcel map. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 - Preparation of Plans . R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include, but not be limited to the following: 00,0053 EXHIBIT G Conditions of Approval • Page 2 a. Graves Creek Road shall be improved from centerline to the property frontage in conformance with City standard 403 - Rural Collector Section along the entire property frontage, or as approved by the City Engineer. The improvements may require overlaying the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed when required to achieve a smooth join with existing improvements. b. A five foot (51 ) offer of dedication shall be provided along Graves Creek Road contiguous to the property frontage. Said offer of dedication shall be recorded prior to or in conjunction with the recordation of the parcel map. C. Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut or fill slopes . 8 . The subdivider shall enter into a Subdivision Agreement with the City. Said agreement shall stipulate that all work required by these Conditions of Approval shall be completed, or bonded for, prior to the recordation of the parcel map. In the case of bonding, improvements shall be completed within one (1) year from the date that the parcel map records, or prior to the issuance of any building permit, whichever occurs first, unless an extension is granted by the City Manager. The Subdivision Agreement shall be fully executed and shall record in conjunction with the parcel map. 9 . All relocation and/or alteration of existing utilities and/or traffic control devices (e.g. signs) shall be the responsibility of the developer. 10 . All new utilities (water, gas, electric, cable TV, and telephone) shall be installed underground. Utilities shall be extended to the property line frontage of each parcel or its public utilities easement . 11 . Any utility trenching in existing streets shall be overlaid to restore a smooth riding surface as required by the City Engineer. 000054 EXHIBIT G Conditions of Approval Page 3 12 . All improvements within the public right-of-way shall be covered with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees noted in this condition are released, a 10% Maintenance Guarantee shall be posted to cover the improvements for a period of one (1) year from the date of the final inspection. The guarantee amounts shall be based on an engineer' s estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City Standard unit prices . The guarantees posted for this project shall be approved by the City Engineer. 13 . All property corners shall be monumented for construction control and shall be promptly replaced if disturbed. All final property corners and street monuments shall be installed, or bonded for, prior to acceptance of the . improvements . Fire Department Conditions : 14 . A fire hydrant shall be installed to City standards along the accessway for Lot 2 in conjunction with the installation of the other required improvements. Under no circumstances shall combustible construction be allowed on either parcel prior to the installation of the fire hydrant . The final location of said fire hydrant shall be as determined by the City Fire Marshal . The installation of residential fire sprinklers in the residence on Parcel 2 may be allowed, at the discretion of the Fire Marshal, to replace the requirement for the installation of a new fire hydrant. Planning Division Conditions : 15 . A one (1) foot wide access denial strip shall be shown on the recorded parcel map along the Graves Creek Road frontage of proposed Lot 1 . Access for proposed Lot 1 shall be taken from an easement created for such purpose over the accessway for Lot 2 . 16 . A road maintenance agreement for improvements within the proposed access easement, in a form acceptable to the City ®0()055 EXHIBIT G Conditions of Approval . Page 4 Attorney, shall be recorded prior to or simultaneously with the recording of the final parcel map. 17 . All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 18 . A fifty foot (501 ) open space easement along the property adjacent to Graves Creek shall be established wherein no buildings or structures shall be located. This easement shall be shown on the final parcel map. Building restrictions applicable thereto shall be noted on the final parcel map. 19 . A master reflectorized address identification sign, with numbers a minimum of five inches (511) in height, shall be placed, as approved by the Fire Marshall, at the entrance to the common driveway prior to recording the parcel map. <, 20 . A parcel 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' s Subdivision 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 parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. 21 . A black line clear Mylar (0 .4 mil) copy and a blue line print of the tract map shall be provided to the City upon recordation. 22 . A Mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans shall be provided to the City Engineer prior to the final inspection. A certification shall be included that 000056 EXHIBIT G Conditions of Approval Page 5 all survey monuments have been set as shown on the parcel map. 23 . Approval of this tentative 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. ATTACHMENT B CITY OF ATASCADERO PLANNING COMMISSION 11/15/94 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 1. TENTATIVE PARCEL MAP #94003: Consideration of a tentative parcel map application to subdivide an existing 6.01-acre lot into two (2) parcels of approximately 3.0 acres each for single family residential use. Subject site is located at 8505 Graves Creek Road (Lavallee/Wilson) . STAFF RECOMMENDATION: 1. Find that the Negative Declaration prepared for the project to be adequate under the provisions of the California Environmental Quality Act (CEQA) ; and, 2 . Approve TPM 94-003 based on the Findings for Approval and subject to the Conditions of Approval in Exhibit F and Exhibit G attached to this report. TESTIMONY: Ken Wilson, Wilson Land Surveys, 6715 Morro Road, applicant' s representative, expressed that Mr. Don Lavallee (the applicant) wanted him to compliment the staff on the promptness and thoroughness of the staff report. It was very clear and easy to follow. In view of the items the applicant is being asked to give up, he requested a waiver of the road improvement. The applicant is willing to pay into a road improvement fund, but did not see the necessity of improving this small portion of road (the only parcel on that street from Santa Ana to San Fernando that would have extra pavement) . Mr. Wilson asked that the Commission consider a sprinkler system as an alternative to the fire hydrant required on the rear parcel. He indicated that there is a fire hydrant located at the intersection of Santa Ana and Graves Creek Road. At Commissioner Edwards ' request, Mr. Latham, of the Fire Department, indicated that the use of sprinklers has, generally, been a viable alternative in the past as long as the existing hydrant is properly located. Mr. Latham will have to measure the distance from the existing hydrant to the rear parcel to verify if this is a viable alternative in this case. Water supply is needed along the access road. If the hydrant is close enough to the frontage on this subdivision, the Fire Department may be able to accept a slight deficiency in the hard numbers on hydrant spacing. If, for example, the hydrant is within 100 feet, as Mr. Wilson stated, the installation of residential sprinklers may be an acceptable alternative in order to provide fire protection to the rear parcel. (Page 3 of 9 ) 000058 Planning Commission - Action Minutes, 11/15/94 Regarding the creation of a Road Use Fund, Mr. DeCamp explained that, at the last City Council meeting, Councilman Luna asked that the City pursue creation of a Road Improvement Fund pursuant to Assembly Bill 166, which would allow for in leu fees to be used for road improvements . This is not* currently in place, but conceivably could be in place in a couple of months, and would provide a real alternative for the installation of road improvements in cases like this where we have a relatively small frontage that may, in fact, be the only frontage improved on that street for years to come. In case the Commission is interested, he offered draft language to amend condition #7, which would allow for entering into a Road Improvement Agreement, which would allow either for the- installation of the improvements or the payment of the in leu fee if such a fund is created by the Council. ACTION: Approve the Staff Recommendation, with indicated amendments to Exhibit G, Conditions #14 (fire hydrant) and #19 (address sign number height) only. Motion: Edwards Second: Wallace AYES : Edwards, Wallace, Bonnema, Miller NOES : None ABSENT: Johnson, Lochridge, Messer t (Page 4 of 9 ) 000059 WILfiSO ATTACHMENT C N Y' KEN WILSON LS 5571 6715 MORRO ROAD (805)466-2445 ATASCADERO,CALIFORNIA 93422 FAX(805)466-0812 Date:November 21, 1994 To: City of Atascadero Planning Department Subject: Tentative Parcel Map #94003 - 8505 Graves Creek Road (Lavallee-Wilson) Dear Sirs: On behalf of the applicant, Don Lavallee, I would like to formally register an appeal to certain conditions of this Tentative Parcel Map. In general, we were pleased with the Staff Report and Conditions of Approval except the following items: #7a Improvement of Graves Creek Road. The existing roadway is a 20'wide asphalt road with 34 base shoulders on each side. In order to improve this road to the standard listed (403 -Rural Collector)the asphalt will probably need to be extended 9' on our side with a G base shoulder(see attached sketch which shows the road's present location with respect to the centerline of the road right of way). We examined all of the existing parcels along Graves Creek Road between San Fernando Road and Santa Ana Road. In this area there are no parcels greater than 5.57 acres in size. (Actual acreages are I 1 0 2.78,2.78,3.37,3.28,4.63,5.09,5.25,5.44,5.57 and ours 6.12). Based on our own mini- mum lot size of 2.89 acres there are potentially no splits that can occur unless the general plan changes. Such being the case,until the City decides form an assessment district and improve the entire road to the planned width with Bike lanes, the section that we have been asked to improve(200'of frontage)will be the only portion widened. For the City to initiate such an assessment district seems unlikely in the next 5-10 years due to the many other areas of the City that require the attention of the City Staff. The road as it exists works well, based on the traffic it currently has on it. We feel It simply does not make good sense to require such a widening. The applicant is in favor of creating bike lanes throughout the City. However, the applicant would be much more willing to provide funds that go toward a city-wide program rather than a piecemeal widening of certain sections of road. There are potential safety problems that come when portions of a road are wider than others. Cars may tent to speed up when in fact the road will soon narrow again. #14 Please amend the wording of the condition 14, second paragraph, to read "The installation of residential fire sprinklers in the residence of Parcel 2 will be allowed to replace the requirement for the installation of a new fire hydrant." (If the Fire Marshal needs to verify the-location of the existing fire hydrant, please do so.) - - #15 and#16 A road maintenance agreement is a potential source of trouble between neighbors as regards use and maintenance. Also, for Parcel 1 to use this driveway, they will need to come back to the center of their property which will actually be a longer driveway than if they came from the middle. Also, other driveways in the area are semicircular and produce a pleasing appeaiunce with landscaping in between. These conditions would not 000060 WILSO N W ✓ N WILSON LS 5571 MORRO ROAD (805)466-2445 ATASCADERO,CALIFORNIA 93422 FAX(805)466-0812 allow for a semicircular design. So we request that Parcel 1 be allowed to gain access along the frontage of Graves Creek Road. #18 Remove the requirement for a 50 foot Open Space Easement adjacent to Graves Creek Please include a copy of this letter for all Council Members at the Nov 29 meeting. Thank you for your assistance on this matter. Sincerely, Kenneth D. Wilson LS 5571 EXP 9-30-97 rza c *i y-7 y z Z 000061 u— N � A EXISTING EDGE OF o. PAVEMENT a c'! N N _ Q: 7 �v! b gry5 b PROPOSED 5 OFFER OF DEDICATION V � oqb�. hb 1 r 9 �O h do 0 0 1 EXISTING CROSS SECTION GRAVES CREEK ROAD NOTE EXISTING PAVEMENT WIDTH VARIES SLIGHTLY • 40. 40' 13' 7 _ I 1-u �'u RW RW ° LISTING STRUCTURAL SECTION s VICINITY MAP NOT TO SCALE fJkyi��iS62r fr��l�� Agenda Item: C-1 (A&B) Meeting Date: 12/13/94 * NOTICE: THE STAFF REPORT PERTAINING TO THIS ITEM WAS NOT AVAILABLE AT THE TIME OF AGENDA PREPARA- TION AND WILL BE DISTRIBUTED SEPARATELY UPON COMPLETION. 000ob- REPORT TO CITY COUNCIL Agenda Item: C-1(A) CITY OF ATASCADERO Meeting Date: 12/13/94 Through: Andy Takata, City Manager Meeting Date: 12/13/94 From: Brad Whitty, Finance Director "' SUBJECT: Authorization to pursue a property tax advance from the County of San Luis Obispo for the second half of the 1994-95 Fiscal, Year. RECOMMENDATION: Approval of Resolution No. 121-94 authorizing and directing City Staff to request a property tax advance from the County of San Luis Obispo for the second half of the 1994-95 Fiscal Year. BACKGROUND: The City of Atascadero is incurring a cash flow restriction due to the Chapter 9 bankruptcy filing by the Orange County Investment Pool. City Staff has been reviewing the cash flows for the second half of the 1994-95 fiscal year. Staff is currently reviewing each department to determine where cost cutting can be implemented in the short-term. The request for an advance against April's Property Tax will only be exercised if staff determine it necessary. Approval of this resolution would-provide the authority for the request once further reviews of the City's cash flow are established. The City's budgeted General Fund Property Tax for the 1994-95 Fiscal Year is $2,222,500. Approximately $1,111,250. will be received during December. Up to 98% of the remaining property taxes would be eligible for advance by the County. The County of San Luis Obispo would charge the interest rate it is receiving on its investments for the use of the money. Currently this rate is approximately 5.5% for the month of December. The advance would be discounted for the interest charge from the date of the cash receipt through April 10, 1995. The request for an advance will only on an as-needed basis. Report to City Council Item: C-1(A) Page 2 FISCAL IMPACT A recap of the fiscal impact against the General Fund is stated below: Budgeted April 1995 Property Taxes $1 ,111,250 98% Eligible for advance before $1,089,025 interest charge Approximate cost of money per day would be $164.10 based on 5.5% currently being earned by San Luis Obispo County. The money would be placed into an interest bearing account (Sacramento Local Agency Investment Fund) until needed. Attachment: Resolution No. 121-94 RESOLUTION NO. 121-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING AND DIRECTING CITY STAFF TO REQUEST A PROPERTY TAX ADVANCE FROM THE COUNTY OF SAN LUIS OBISPO FOR THE SECOND HALF OF THE 1994-95 FISCAL YEAR. WHEREAS, the City of Atascadero has incurred a cash flow restriction due to the Chapter 9 Bankruptcy filing by the Orange County Investment Pool; and WHEREAS, the City of Atascadero has been offered by the County of San Luis Obispo to advance the City's April, 1995 Property Taxes in order to cover short-term cash restrictions; and WHEREAS, the County of San Luis Obispo will advance ninety-eight percent of said property taxes at the interest rate the County would earn on its money's with the Local Agency Investment Fund; and WHEREAS, the advance would be discounted for the interest charges from the date of the cash receipt through April 10, 1995; and NOW THEREFORE, BE IT RESOLVED BY, the City Council of the City of Atascadero as follows: Section 1 . The above recitals are true and correct, Section 2. The adoption of this resolution authorizes the City Staff to request, if needed, in writing, a property tax advance from the County of San Luis Obispo for the second half of the 1994-95 Fiscal Year. On motion by Councilperson , seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: Resolution No. 121-94 Page 2 ADOPTED: CITY OF ATASCADERO By: R. David Bewley, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney i REPORT TO CITY COUNCIL Agenda Item: C-1(13) CITY OF ATASCADERO Meeting Date 12/13/94 Through: Andy Takata, City Manager From: Brad Whitty, Finance Director SUBJECT: Authorization to pursue a line of credit from a financial institution to meet the short-term cash flow needs of the City. RECOMMENDATION: Approval of Resolution No. 122-94 authorizing and directing City Staff to obtain a line of credit from a financial institution to meet the short-term cash flow needs of the City. BACKGROUND: The City of Atascadero is experiencing a cash flow restriction due to the Chapter 9 Bankruptcy Filing by the Orange County Investment Pool. City Staff is reviewing each department and the cash flows for the second half of the 1994-95 Fiscal Year. City Staff is also reviewing Capital Improvement Projects to place on hold until the cash flow problem is resolved. The line of credit from a Financial Institution would only be utilized if an identifiable revenue source can repay the amount drawn within ten days. The maximum amount of the line of credit would not exceed $500,000. FISCAL IMPACT: The Fiscal Impact to the City would be the cost of borrowing against the line-of- credit at commercial rates. This would be balanced by the short-term use of the money to cover a short-term need. The line-of-credit would only be utilized after all other appropriate funding sources have been addressed. Attachment: Resolution No. 122-94 RESOLUTION NO. 122-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO TO DIRECT STAFF TO PURSUE A LINE OF CREDIT FROM A FINANCIAL INSTITUTION NOT TO EXCEED $500,000 WITHOUT FURTHER REVIEW AND AUTHORIZATION BY CITY COUNCIL WHEREAS, the City of Atascadero is experiencing cash flow restrictions due to the Chapter 9 Bankruptcy Filing by the Orange County Investment Pool; and WHEREAS, the City of Atascadero requests from Council to pursue a line of credit from a financial institution; and WHEREAS, the maximum amount of the line of credit is not to exceed $500,000 without further review and authorization by City Council; and, WHEREAS, the line of credit would only be utilized if an identifiable revenue source can repay the drawn amount within ten days; and NOW THEREFORE, BE IT RESOLVED BY, the City Council of the City of Atascadero as follows: Section 1 . The above recitals are true and correct, Section 2. The adoption of this resolution authorizes City staff to obtain a $500,000 line-of-credit from a Financial Institution. On motion by Councilperson , seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: • Resolution No. 122-94 Page 2 ADOPTED: CITY OF ATASCADERO By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk • APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-2 Through: Andrew J. Takata, City Manager Meeting Date: 12/13/94 From: Henry Engen, Community Development Director 4kC 4 SUBJECT: �! San Gabriel Booster Station - Consideration of a request by the Atascadero Mutual Water Company to conceptually approve a future realignment of San Marcos Road across City property. RECOMMENDATION: That the City Council find that such a realignment of San Marcos across City property is appropriate, and accept for processing, as a Conditional Use Permit, the San Gabriel Booster Station upgrade proposal. BACKGROUND: The City has received the attached communication from the Atasca- dero Mutual Water Company seeking direction to allow them to upgrade the San Gabriel Booster Station. The City is also in receipt of a Conditional Use Permit Application on the project which is located in the present right-of-way of San Marcos Road at San Gabriel Road next to a City "Park Reserve" . ANALYSIS: This project involves an unusual combination of facts to replace a utility facility building in the San Marcos right-of-way. The ownership of Atascadero Colony Roads has been the subject of considerable legal investigation over the past several years. What is certain, is that the project is needed for public safety and service to the citizens of the community, and the type of facility being proposed requires a Conditional Use Permit by the Planning Commission. Towards this end, an application has been submitted and the Water Company has held a meeting with the neighbors to review their proposal prior to it being considered by the Planning Commission next year. It so happens that the location of the existing booster station is within an unconnected paper link of San Marcos Road. The City's Circulation Element identifies completing this link as a priority level III (meaning 10 - 20 years in the future) . The text of the 000064 Circulation Element goes on to state, under Program 7.6: "Extend San Marcos Road west of San Gabriel Road within its' established right-of-way.11 It would be fair to say that the specificity of this statement leads to the need for a creative interpretation of the General Plan. The applicants show an alternative alignment of San Marcos to provide for a perpendicular intersection with San Gabriel Road, which links up with the northerly segment of San Marcos. The City Engineer agrees that this would be a safer alignment then that provided in E. G. Lewis' plat. This matter is being brought to the City Council before being considered by the Planning Commission because action by the Com- mission requires a finding that the project is consistent with the General Plan. In staff's opinion, that finding can be made provided the City Council is comfortable with the concept of committing to the alternative road alignment across the City's small park reservation. Favorable action by both the City Council and Planning Commission on this proposed project would provide a positive General Plan conformity basis for the future connection of both links of San Marcos Road and, probably, the formal abandonment of the bypassed paper road. He:ph Encl: Atascadero Mutual Water Company Letter - 11/21/94 Land Use Application - 11/2/94 Circulation Element - Location Map i cc: Ken Weathers, Atascadero Mutual Water Company General Manager Joe Elkins, Architect 000065 5005 EL CAMINO REAL P.O. BOX 6075 ATASCADERO,CA 93423 9 (805)466-2428 ATASCADERO MUTUAL WATER COMPANY November 21, 1994 ESTABLISHED 1913 • Henry Engen, Community Development Director, City of Atascadero 6500 Palma Ave. , Atascadero, Ca. 93422 Subject : San Gabriel Booster Station. Dear Henry, I have attached a copy of a letter dated August 4, 1994 which summarizes AMWC' s position on the San Gabriel Booster Station upgrade . Subsequent to that letter AMWC staff met with City staff and attorney. As a result of that meeting we have prepared and submitted a "Planning Division Application Form" to the City for this project . It is our understanding that the City Council needs to take action recognizing that the proposed alternative alignment would satisfy the City' s requirements in the event of a, future extension of San Marcos Road. Such a finding would result in the conclusion that -AMWC' s proposed improvements to the San Gabriel Booster Station within the San Marcos ROW would not interfere with the future extension of San Marcos Road. AMWC therefore desires a finding that the City would not object to the facilities being constructed in the portion of the San Marcos ROW indicated on the plans . Would you please take whatever action is necessary to complete these findings and schedule the necessary action the City Council must take . Sin ely, Ken Weathers, General Manager CC : ,,-Andy Takata Steve Adamski Joe Elkins 1 31(?OGG 5005 EL CAMINO REAL P.O. BOX 6075 ATASCADERO,CA 93423 (805)466-2428 ATASCADERO MUTUAL WATER COMPANY August 4, 1994 ESTABLISHED 1913 Henry Engen, Community Development Director, City of Atascadero 6500 Palma Ave. , Atascadero, Ca. 93422 Subject : San Gabriel Booster Station. Dear Henry, Atascadero Mutual Water Company (AMWC) is planning to expand it' s San Gabriel Booster Station. The station is presently at capacity and is in need of immediate upgrade. AMWC previously submitted a preliminary plan to the City to identify concerns and the necessary planning process. The City' s Road Circulation Plan identified a potential conflict between a future road extension and the proposed AMWC improvements. Further engineering on the part of AMWC provided an alternate route for a future road extension that would use the present . R.O.W. and other City land. The alternative would be preferable to the present R.O.W. alignment and would not interfere w4h AMWC planned improvement . AMWC would like to proceed with the design of it' s proposed improvements using it' s existing easements on the subject San Marcos Road R.O.W. AMWC has obtained a legal opinion concerning that R.O.W. which indicates that AMWC has a right to construct the improvements if such placement will not substantially interfere with the current or expected uses of the San Marcos Road R.O.W. It appears from our previous engineering work and communication with City staff that these improvements .will not interfere with the use of San Marcos Road -as a roadway. We would appreciate your direction on processing this application and obtaining formal recognition from the City that the AMWC improvements would not substantially interfere with the City' s possible future road extension. ie inc rkhe n \eas, General Manager . CC : Steve Adamski Joe Elkins &5005 EL CAMINO REAL • P.O. BOX 6075 • ATASCADERO, CA 93423 • (805) 466-2428 ATASCADEROMUTUAL WATER, CDMPANY November 2 , 1994 ;" ,ESTQBL�&HEO 1913 Community Development Department, City of Atascadero Atascadero, Ca. 93422 Subject : Supplemental Information Land Use Application - San Gabriel Booster Station. Gentlemen, The following information is supplemental to the enclosed land use application for Atascadero Mutual Water Company' s (AMWC) San Gabriel Booster Station. AMWC previously submitted a preliminary plan to the City to identify City concerns and the necessary planning process . The City' s Road Circulation Plan identified a potential conflict between a future extension of San Marcos Road and the proposed AMWC improvements . Further engineering on the part of AMWC provided an alternate route for a future road extension that would use the present San Marcos R.O.W. and "Park Reserve 'A'" . The alternative route would be preferable to the present R.O.W. alignment and would not interfere with AMWC' s planned improvement . Our conclusion from this past correspondence is that the proposed Booster Station upgrade can be completed without interfering with future road circulation plans or adjoining property owner' s access . A title commitment or report is not included in this application because AMWC is proposing improvements in this area based upon it' s 1914 recorded easements . AMWC does not hold fee simple title to this parcel . A legal opinion on this issue was provided by AMWC' s Counsel August 2 , 1994 to Atascadero' s Community Development Department . Atascadero' s Counsel, Mary Redus Gayle issued an opinion on Sept, 23 , 1994 . In addition, Ken Weathers met with Andy Takata and Arther R. Montandon on Oct . 10, 1994 and discussed this subject . We believe the application responds to all of the City' s requests and concurs with the City of Atascadero' s legal opinion and comments . Sinc e , Ken Weat ers, General Manager • cc : Steve Adamski Joe Elkins 000068 0 i T CITY OF ATASCADERO �-� ENVIRONMENTAL COORDINATOR ENVIRONMENTAL INFORMATION FORM COMMUNITY DEVELOPMENT DEPT. 6500 PALZMA AVE. ATASCADERO. CA 93422 (805) 461-5035 Please type orprint dearly in tnk. Incomplete forms wtli be returned. GENERAL INFO RMA710N Applicant AUt Rt7 tdL0TOM� A C� Address: P.D, E35k 667 sT-A�.CE?O GA 97,473 Phone #: �Cp - 242,8 ' `�ti"iE;P'';, Project Address: Bat T-W S mph( Assessor's Parcel #: A 5AN MPJ?i-�- G-w. Legal Description: List and describe any other permits or public agency(Federal.State or local) approvals required for this project tiT � , , Proposed Use of Site: 6269 ME f=Xl�`t'ty - W INTI=R 4K �,TaTt 81{ PR JECI'DFS(RTMON• 1. Site area (in acres): ti c 14- 7kCF-r QAA4t4 7 2. Square footage of buildings: 3 Co *Q.17--F. y 3. Square footage of parking areas: d�. 4,-. 4. Number of on-site parking spaces: EL�F 5. Describe proposed scheduling: _M .per✓ , yVt;' 6. Describe associated projects: 1�. A. 7. If residential. include the number of units. schedule of unit sizes, anticipated sale prices or rents. 8. Pd ticipated household size. C ercial. indicate the type (neighborhood. regional. etc.). and square footage of sales areas. 9• ind . indicate type, estimated employment per shift. and products/byproducts produced. 10. institutional. indicate major functions. estimated employment per shift. estimated occupancy. and community benefits to be derived from the project. 000069 ENVIRONMENTAi. SETTING 1. Describe the project site as it exists before the project. including information on topography. sou stability. plants and animals. availability of utilities. and any cultural. historical or scenic aspects. Describe any existing structures on the site. and the use of the structures. a;,4-r- dT stt*- 2. Describe the surrounding properties. including information on plants and animals. and any cultural, historical.or scenic aspects. Indicate the type of land use (residential. commercial: etc.). intensity of development. and scale of development(building height. setback. etc.). WP ENVIRONMENTAL EFFECTS _ Are the following Rgten effects of your project? Provide a written response to each item checked"YES". _ YF� NS2 1. Change in existing features of any steam. swale. drainage pattern, or substantial alteration to cxisting topography? ❑ .� 2. Change in scenic views or vistas from existing residential areas. public lands. or roads? ❑ �7 3. Change in pattern.scale.or character of the general area of the project? ❑ }� 04. S4gnificant amounts of solid waste or litter? ❑ t�! 5. Change in dust, ash. smoke.fumes. or oders in vicinity? ❑ 6. Change in stream or ground water quality or quantity? ❑ -tel 7. Substantial change in existing noise or vibration levels? ❑ 8. Is the site on filled land or on slopes of 100A or more? ❑ 9. Use or disposal of hazardous materials? ❑ 10. Substantial change in demand for municipal services? ❑ 11. Substantial increase in fossil fuel consumption? ❑ 12. Is the project related to a larger project or series of projects? ❑ 13. Removal of. or grading within the dripline of mature trees? ❑ 0 000070 ft At pmoNAi- INFORMATION Discuss in detail the other development alternatives that were considered for this site or project. Explain why each of the alternatives was rejected. VAL,,rwj,* o*p cii p w--t rxt*t#r, �t Provide any additional information that you believe will be beneficial in the analysis of the potential environ- mental affects of your project. Such additional supporting data may include: Maps gttc`Cttrt� �M-hiJ, tl.ni�{i� Tb lst � lWG-l' PJ'"',' cat Photographs Charts Drainage Studies Soils Reports Geologic Reports Archaeological Reports Traffic Studies CERTMICATION • I hereby certify that the statements furnished above, and in the attached exhibits.present the data and information required for this initial evaluation, to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my lnwwledge and belief. SignaDate r mo"M CITY OF ATASCADERO "" COMMUNITY DEVELOPMENT DEPARTMENT Pt 5 ..• .• ••S #, ROq II SITE \yo��/caS\ Ps 0OS 9 \ fQ � a 9s v NDAIT \ = AVE =CA �,,. — o` / 0 •1 fiti«• \AQ�ot yp�Od l �,P �o Sq A r` Q4tV rE U 04D 000072 CITY OF ATASCADERO a ar e left COMMUNITY DEVELOPMENT DEPARTMENT o47 c, Gp�aS \/ 4 ! 8f z( RS GAeq/ R,--T ! 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ZZ �+u va w -kflL ♦ / V . .t L is \ T ji eY 1000075 r �-t J�t�v'�1r1�J :Ml'dl>,1 "I's(fil.flW �7.1:.('r�-a`s(1.'� N«..,..,.:��:"•.:,:...«•.. ... .� "� N'JISN]•7tllIl�I11N�tlV `- i. y CU ' E_ cle �� \ � 1 � I ` 'til �• r � � Acq - 11�+,'"�, � r � 110 \ � r� �'•`- �y A u -- o,,s � x khl8 JIF XI , it 3c > � n 16 e vM AY�W:-.1 fn L ' 0000'7 ; I �yI ' Aa i I L or 04 IN v h ' ° N ib svo a i t oe Z C= :.jrnfio rn r; N.JOE EIKINS•.ARCHITECT Q M ARCHITECTURE NGTURE•DESIGN PLA +`�� PLANNI •PROOUGTION -=1'U MU•11•M- WATF4Z a1MfoAl+'r •_T vt lat WtlG Mt MO• +I wtttON.to ifW 'tel 1101.434.gas, .'Z ci �cvc.x� -r ,dri �� SaNrA RUZ R Ci-4 C-3 , Aa \ D-6 A.7 �Ra 0P P0� 1« C-10 BEN —�– iT0 SAN � { Iz �o c R0. 7- �� ` o� z� �µ B-4 � � ;far �'•^,� r�. < A-6 0 D-5 A-5 . Z Bridge SAN / B-2 0 S�pN Bridge C_5 -4 R ,\ D-a .2 C-1 ;. 2 z B-1 tA os R0. B-3 C-6,a ridge 1�"9 ��`l D-3 I t•� to Pq i� > cuRBAa� L C-7 - / tt� W , C-8 / \ r--7 _ 1 D. A-1 _1 A.0 Key Number(see table for discription) �" r A Intersection Improvements a may upgrading . ...... C New Roads c ■ 0 Freeway Interchange Improvements 3 • �PyG A-$ Figure 111-10BARBARA ROADWAY IMPROVEMENTS •sr . III-46 000M, REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-3 Through: Andrew J. Takata, City Manager Meeting Date: 12/13/94 From: Henry Engen, Community Development Director Ot SUBJECT: General Plan Amendment Requests - Consideration of Planning Com- mission's recommendation regarding initiation of hearings to consider applications to amend the General Plan. RECOMMENDATION: Planning Commission Recommendation: The Planning Commission recommended processing some five (5) formally requested General Plan Amendment requests, together with having the City initiate - on behalf of four (4) Portola area residents - an amendment to change their area's density requirements from 1-acre to 1/2 acre parcels. Staff Recommendation: Staff would recommend that City Council formally initiate only the five (5) applications applied and paid r for by applicants. BACKGROUND: The City has established a policy of receiving privately initiated General Plan Amendment requests twice a year. The latest filing period was October 1, 1994, and the report to the Planning Commis- Sion and related minutes are enclosed herewith. The City Council !'r has also adopted a Planning Application Fee Schedule to "cover the cost of providing the services requested. " SELECTED ISSUES: A. GPA #94002 (Ramona Request) . Staff would note that with respect to this request for a land use change from Suburban Single Family to Tourist commercial along Ramona Road, that a focused Environmental Impact Report should be required to approve such a proposal. Major issues include the impacts on traffic (including analysis of the need to widen the Del Rio freeway bridge) , sewer extension, growth inducement, neighbor- hood character, and aesthetics. The study area involved contains approximately 23 acres on the west side of Highway 101 and is a residential area containingtwo (2) large F churches. The length of the area is approximately 2, 600' (1/2 mile) with property depth averaging 4001 . The General Plan calls for an Environmental Impact Report when major changes to the Urban Services Line are proposed. Numerous studies have also confirmed that the City has adequate commercial zoning for small lot development and, in fact, this particular proposed change has been denied in the past. Procedurally, staff would be recommending denial of the request directed to the Planning Commission, which would obviate the need for an EIR. If the Council believes that the proposal has merit, however, the need for an EIR to be prepared by the applicant should be affirmed before the matter would proceed to hearing. B. Portola Road General Plan Request. As indicated in the attached minutes and attachment, this matter came up as a citizen request at the Planning Commission meeting and not as an application. The Planning Commission felt sympathy towards considering the proposal and therefore recommended that it be initiated by the City at no cost to the applicant. Staff would respectfully disagree noting that the other five (5) j applicants have paid the cost for considering their proposed ' amendments to the General Plan. The Chairman of the Planning Commission, who was out ill the night of that meeting, has also expressed concern, as has the City Attorney, that acting on that recommendation without it being listed on the agenda may well have been a Brown Act violation. Hence, in the interest of an orderly, fiscally prudent approach to bi- annually considering General Plan Amendment requests, staff recommends only considering the five (5) formal applications. HE:ph Encl: Planning Commission Staff Report - 11/15/94 Planning Commission Minutes Excerpts - 11/15/94 Portola Road Resident's Request - 9/27/94 cc: Planning Commission 000"x0 CITY OF ATASCADERO Item: B . 2 STAFF REPORT FOR: Planning Commission Meeting Date: November 15, 1994 BY: lW Steven L. DeCamp, City Planner File No: GPAC 94-2 SUBJECT: Initiation of proposed amendments to the City' s General Plan RECOMMENDATION: The Planning Commission should recommend that the ;City Council initiate the five (5) requested General Plan amendments, and associated Zoning Ordinance Map amendments as may be required. BACKGROUND: City policy establishes that amendments to the General Plan will be considered twice each year. The filing period for the second round of amendments for 1994 closed on October 1 with five (5) amendment requests having been filed. ANALYSIS- All five of the applications for amendment of the ;General Plan, and in some cases concurrent amendment of the Zoning Ordinance, were submitted by private parties . The following will briefly outline each of the proposals . GPA 94-001 (E1 Bordo - Berean Baptist Church) : The City' s Zoning Ordinance provides that churches must be located on a street designated a collector or arterial. The Berean Baptist Church is located at the intersection of E1 Bordo and Las Lomas Avenue, neither of which :is a collector or arterial . Because the church wants to expand its facility, it is faced with the need to either amend the Zoning Ordinance or amend the Circulation Element' s designation of one of the two adjacent streets . Staff believes that there may be justification, and merit, in changing the designation of El Bordo to a 'collector. Refer to Exhibit A. GPA 94-002 (2100-2600 Ramona - Richard Beck) : The current land use designation for these parcels (7) is "Suburban Single Family" . The applicant has requested an 000081 General Plan Amendment Cycle November 15, 1992 Staff Report Page 2 amendment to the General Plan to a designation of "Tourist Commercial" . Concurrent with this consideration would be an extension of the Urban Services Line and a change to the Zoning Ordinance from "RS" to "CT" to maintain consistency with the General Plan. Intermixed with the seven subject parcels are two parcels which are currently developed with churches. The study area for this amendment request should be expanded to include these parcels to avoid "holes" in the resultant General Plan and Zoning designations, if changes are made. In addition the property at the corner of Del Rio and Ramona should be included within the study area because of the City' s recent acquisition of the property for a future satellite fire station site. As with past requests to extend the USL to the west side of the freeway, it may be necessary to undertake an EIR (Environmental Impact Report) to address all of the potential environmental consequences of such an action. Refer to Exhibit B. GPA 94-003 (6000 San Palo - Richard Summers) : The land use designation for this parcel is Low Density Single Family with a corresponding zoning district of RSF-Z . Prior to the adoption of the revised General Plan, the land use designation for this parcel was "Tourist Commercial" . The property is located on the west side of the freeway and is situated within the Urban Services Line, however, until recently, a sewer line was not available on the that side of the freeway. The applicant believes that inclusion of the property within the Tourist Commercial land use designation, with the availability of sewer service, will increase the development potential of the parcel. Refer to Exhibit C. GPA 94-004 (9955 E1 Camino Real - Hawkins Plaza Ltd. ) : This site is located at the intersection of E1 Camino Real and El Bordo. The property is currently developed with a neighborhood shopping center. The General Plan designates this property "Neighborhood Commercial" in keeping with the Plan' s policy of establishing retail nodes to meet the shopping needs of the immediate residential neighborhood. It is the Plan' s intent for these neighborhood shopping centers to not compete with the "Commercial Retail" areas 000082 General Plan Amendment Cycle November 15, 1994 Staff Report Page 3 • located downtown and along the E1 Camino Real commercial strip. The owner of the center believes that the current General Plan designation and Zoning Ordinance provisions restrict his ability to attract tenants to this center. The applicant is requesting a "Retail Commercial" General Plan designation and a zoning designation of "CR" (Commercial Retail) . Refer to Exhibit D. GPA 94-005 (3585 E1 Camino Real - Pentecostal Church) : The subject property is located on the east side of El Camino Real north of Campbell Lane. The General Plan designation of the property is "Suburban Single Family" with a zoning designation of RS (residential Suburban) . The property is currently vacant . The property was removed from the USL, and the zoning changed to RS as part of the General Plan update in 1992 . The request is for inclusion of the property within the USL and redesignation to Moderate Density Single Family with a zoning designation of RSF-Y. The applicant has stated a desire to subdivide the property for future development of single family homes and a church. Refer to Exhibit E. CONCLUSIONS: Although no indication can be made at this time regarding future action or recommendations, there appears to be some merit in considering each of the requested amendments to the City' s General Plan. Specific recommendations for approval or denial of these requests will be made only after appropriate environmental review, and analysis of the anticipated physical and fiscal affects of the proposals . As per usual practice, associated Zoning Ordinance amendments, as required, will be analyzed and recommended for action concurrently with action on the General Plan amendments . ATTACHMENTS : Exhibit A - GPA 94-001 (Berean Baptist Church) Exhibit B - GPA 94-002 (Richard Beck) Exhibit C - GPA 94-003 (Richard Summers) Exhibit D - GPA 94-004 (Hawkins Plaza Ltd. ) Exhibit E - GPA 94-005 (PentecostalChurch) 1000083 CITY OF ATA5CADERO EXHIBIT A_Recommended Study Area • * " GPA 94-001 COMMUNITY DEVELOPMENT Berean Baptist Church DEPARTMENT r ��",^� y�`'�c.�:•<rw,��r ,�� ;s sgA`^..`� �•r, .' ✓.�'t�,�'R.�e -ter �„t..f _ �`y�`�_ r `� �``+' 1 psi{x, �.e«� s Z4"' e"`•i�,_ -.x ,2Yc-- - _, a- �RF��.�7� y �b`b��.� �� ^��css�J4t''.�."••.�z�' � 4 �s,�..,,:� r w "** .: ••-.dam,��. ��s' r1w �► 6.,�'�► i- r .e v '� dr.r.,,y :. Wei .0 N:... An -::.T*�`� e'".• sir'.} rZ ,% jQl ` 'y t f L�ns• -� �� AMtL rr.� '� ��x. _1�' �� ..��s_ s gam• •G}t" y � •moi�t•••>. l� CITY OF ATASC"ERO EXHIBIT B- Recommended Study Area "" GPA 94-002 COMMUNITY DEVELOPMENT Richard Beck DEPARTMENT z ,, 1- Z m tiaw. ..sem ROAD .. yy pto ZzZ 000085 L1G1:!ulll�f ��t !'.ii• op VAJA toll •®11■11rrda w N CITY OF ATA5CAD1ER0 EXHIBIT D D . Recommended Study Area R � B 70 COMMUNITY 94-004Y DEVELOPMENT Hawkins Plaza Ltd. DEPARTMENT Lo A. -44 ''GSC,.` f �•,'�.f ..,"* •" y♦ T. - � �� _ f ':�. "@ �' -tic �1�.� �•^�. � .•i �-�� s -. � .�-��l��a«-�r^�w ,� • S .w•i' s. ..�f ..• `•': die~� ��i*''�^t.f" �"�w.r -'�' - z� ANttl..� • mow .'��~ Y• , i�"' �^:�'•�': ,yam •. :^ «`zC• •,� .. .L ��✓.�: .. •ea"••f. it w • i x.. .• .. . Mw.MaS•4..�A,:•4w• • - - 000087 `�v,{ _ .�.� , . �® 6WASMOW OMM �► IN 611 A 11 py •••.` WY E 3F` ,r � ai t pc: SPA`94-Z J11 September September 27, 1994 SEP 2 CITY OF ATASCAOERO CITY CLERK'S OFFICE Members of the Atascadero City Council Dear Sirs and Madam: The four property owners named below would like to request the City Council to consider the initiation and approval of an amendment to the General Plan that would increase the allowable density of our four parcels. We are located in an area of one acre zoning which borders one half acre zoning in a very angular manner. Within this area of one acre zoning,there are many smaller parcels, some at .40 acre. Within the last sig months, several parcels in our area have taken advantage of their one half acre zoning to develop homes on these smaller lots. We feel that the topography and nature of the neighborhood make it suitable for a greater density than is currently zoned. We also feel that the development fees and building fees paid to the City over the course of time will help the City's financial situation. Respectfully submitted, W. R. and Paula K.Ingram 8475 Portola Road Iq66-Cl y.s/ Charles Tagawa Agnes Dougherty 8405 Portola Road Albin and Leona Becica 8480 Portola Road Valentino and Marge Ruisi 8490 Portola Road 000089 g � , y J Ir 69 • O F r � J Q 71 z D �' rn Ey Aa ` •• .ie. � , _ \„ a ., t+ , �•==•A �'r tir.��`.�*yl� ,p1 a= � ' . o .•,.� v neon•==-._ -�' . I tt- , , ® �.�. • ._ - _ '•a M.:._. ` .._ ti p yt11n��' e I • t •• , , y�N ley • � N V 11 `i O` L• `� C ® Z < = G. r Q •e TLU'K IN to • w a �., t +w 1. _ • _ AL bt l i t� ® >; '-0k, � to School" projects. Eileen Allan, Director of the North County Womens' Shelter, expressed appreciation to the City Council for continued commitment and support of the; Womens' Shelter. Former Councilperson Bonita Borgeson, 7480 Del Rio Road, explained that the "Safe Routes to School" program remains a concern to her and outlined past accomplishments towards the effort. She asserted that it is up to the School District to initiate the plan, obtain endorsement from Caltrans and seek ultimate approval by the City Council Tony Kujawa, Atascadero Avenue resident, expressed concern regarding drainage run- off relating to new development. Henry Engen asked the speaker to contact John Neil who is monitoring the project to ensure that drainage does not become a problem. Michael Kovacs, south Atascadero, inquired as to who is monitoring Atascadero's #1 status for places to live in America. 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Roger Kolbo, 8955 Carmelita Avenue, indicated that he desiresto split his lot and protests the $1 ,200 fee required to seek application. Henry Engen reported that a General Plan amendment and re-zoning would be necessary before the lot split could be granted. He added that the proposal would have to go through the State- mandated hearing procedure. The Mayor suggested that Mr. Kolbo contact Mr. Engen for further information. Rush Kolemaine debated comments provided by Bonita Borgeson. A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - August 9, 1994 (Cont'd from 9/13/94) 2. CITY COUNCIL MINUTES - August 23, 1994 (Cont'd from 9/13/94) 3. CITY COUNCIL MINUTES - August 25, 1994 (EI Paso de Robles/Atascadero Councils Joint Meeting) (Cont'd from 9/13/94) CC09/27/94 Page 2 00009 PLANNING COMMISSION MINUTES EXCERPTS Planning Commission - Action Minutes, 11/15/94 SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS (continued) 2 . INITIATION OF GENERAL PLAN/ZONING AMENDMENTS: Consider the initiation of amendments to the City' s adopted General Plan and Zoning Ordinance. STAFF RECOMMENDATION: Staff recommends the following: The Planning Commission recommend that the City Council initiate the five (5) requested General Plan amendments, and associated Zoning Ordinance Map amendments as may be required. TESTIMONY: Regarding GPA 94-001 (E1 Bordo - Berean Baptist Church): Greg Peterson, 6599 San Gabriel Road, Atascadero, spoke as the representative of the applicant, The Berean Baptist Church. They think that this project is feasible based on the amount of traffic that the street currently has . The Regional Park and the Golf Course generate several hundred cars per day during the summer and based upon the fact that there is so much traffic and their church is growing, the amendment is necessary for any expansion in the future. He offered to answer any questions that the Commission might have. The Church expects to add approximately 100 people to its population as the result of expansion. It is expected that this would add approximately 35-40 automobiles on E1 Bordo. Regarding GPA 94-002 (2100-2600 Ramona - Richard Beck) : Richard Beck, 2300 Ramona Road, Atascadero, felt the EIR and urban service line adjustment are premature. Some of the parcels may not require an EIR and may not require a sewer; they could get by on a septic system. Right now, there are big churches there on septic systems, and these churches probably have more people weekly than would be generated on these parcels . There are many factors present that would prevent a large development at this time; for example, there are so many different owners, the parcels are divided by churches, there is a side street (Conejo) . If a large development did come in at a later date, perhaps that would be the time to look at an EIR and urban service line adjustment. He pointed out that this property has the best freeway visibility and access compared to any like property in the City. This change would be beneficial to the City because right now there is vacant land that will never be developed. No one will build a house on the vacant lots that are there because of the proximity to the freeway, the increasing noise (Page 5 of 9 ) Planning Commission - Action Minutes, 11/15/94 from the freeway traffic. Another benefit would be an increase in tax base, both property and sales taxes . He commented that there are some elderly property owners on this street who would like to sell their property, but cannot because of the constraints related to zoning. Ralph Brink, 2800 Ramona, Atascadero, a co-applicant with Mr. Beck, clarified that his property, located at 2800 Ramona is also supposed to have been included in this study. He recognized that the applicants and the Commission all want to do what is best for the folks that live here as well as for the City. Mom and Pop businesses are the backbone of the economy, providing jobs for people as well as revenues for cities. Consequently, it seems to make sense to encourage small entrepreneurs. The rezoning of Ramona is a modest and reasonable request and will likely attract other small businesses to locate there. He also questioned the necessity of an EIR and an urban services line adjustment, which were mentioned in the staff report. He wondered whether the relatively small area (comprising just a few parcels on Ramona) would warrant such an expensive cost to the City. He asked if it was possible for the EIR for the Outlet Stores, with its proximity to Ramona, might suffice. The urban services line is the other potential killer item to the project, with an expense of over $200,000 . Since we are looking at small businesses with small staffs, would an expense of over $200,000 be necessary? His neighbor, • the Church of Christ of Latter Day Saints, hosts many hundreds of people per week with only a septic system. He asked if it would make sense to simply postpone a decision with regard to a sewer if and when, indeed, a large development is proposed. To impose a costly burden of a sewer line across Highway 101 would probably kill the potential benefits to the City with regard to the proposed re-zoning. He mentioned that there exists precedence of tourist commercial properties without inclusion in the urban services line. He offered to answer questions . Regarding GPA 94-003 (6000 San Palo - Richard Summers): Richard Summers, 5340 Magnolia, the owner/applicant for- the property on San Palo. Having owned this property in excess of 23 years, he provided a historical perspective of the zoning on this property for the Commission. He explained that now that In and Out Burger has brought the sewer line to the front of his property, the timing is right for the zoning to be changed back to TouristCommercial. He offered to answer questions from the Commission or the public. Regarding GPA 94-004 (9955 E1 Camino Real - Hawkins Plaza Ltd. ) : No testimony. (Page 6 of 9 ) 000093 Planning Commission - Action Minutes, 11/15/94 Regarding GPA -94-005 (3585 E1 Camino Real - Pentecostal Chu rchl: Russ Thompson, with Canon Associates, 364 Pacific Street, San Luis Obispo, representing the applicant, proposed a two-part request, as follows: 1) Restore inclusion in the urban services line. The sewer already exists on the frontage of this property on E1 Camino Real, so they are not asking to create a long extension out into new area. This is really just a slight modification to an existing line which will allow this property to be sewered. 2) The applicant is also requesting to go to a RSF-Y zoning (which allows for one acre parcels) . This, primarily, will allow the ability to develop this property to be consistent with the character of the neighborhood, which is typified by one acre lots. Over the years, there has been quite a bit of subdivision to the north of this property. The large parcel above and to the right of this property has a tentative map approved for five one-acre parcels. So this request will bring this property into line with the general neighborhood character and will allow the church to bring the property up to its highest and best use. He offered to answer questions. Harry Russell, 3585 E1 Camino Real, reported that the address listed above (3585 E1 Camino Real) is his home address and not that of the Pentecostal Church. Mr. DeCamp indicated that if the address is incorrect, it will be corrected. Paula Ingram' s Request 8475 Portola Road: Ms . Ingram requested that a General Plan Amendment be initiated and approved by the City Council. She mentioned that she discovered that this can be done by the City Council and the Commission if it is deemed logical and reasonable. She is requesting that her property, and the property around hers, be studied for a General Plan Amendment to zone it as RSF-X (which allows 1/2 acre lots) along with the others listed above. None of the parties are in a position to do subdividing at the present time, but are planning for family members in the future. They feel this amendment is consistent with the neighborhood character. ACTION: Recommend to the City Council to initiate the five (5) requested General Plan Amendments and the associated Zoning Ordinance Map amendments as may be required. Motion: Wallace Second: Edwards AYES : Wallace, Edwards, Bonnema, Miller NOES: None ABSENT: Johnson, Lochridge, Messer (Page 7 of 9 ) 000094 Planning Commission - Action Minutes, 11/15/94 • ACTION: Recommend to include the Ingram proposal for amendment to the General Plan along with the other five requests, if the Council deems it appropriate to waive the filing fee. Motion: Bonnema Second: Wallace AYES: Bonnema, Wallace, Miller NOES: Edwards ABSENT: Johnson, Lochridge, Messer • • (Page 8 of 9 ) 000095 REPORT TO CITY COUNCIL Agenda Item: C-4 CITY OF ATASCADERO Through: Andrew J. Takata, City Manager Meeting Date: 12/13/94 From: Henry Engen, Community Development Director SUBJECT• Adoption of an ordinance Amending Title 8 Building Regulations Chapter 12 on unreinforced masonry buildings to amend time limits for compliance and related matters . RECOMMENDATION• Approval and adoption of Ordinance No. 280 on second reading. BACKGROUND/ANALYSIS: On November 29, 1994, the City Council conducted a public hearing on the above-referenced subject. The Council approved Ordinance No. 280 on first reading. HE:ph Attachment: Ordinance No. 280 000096 ORDINANCE NO. 280 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 8 BUILDING REGULATIONS CHAPTER 12 ON UNREINFORCED MASONRY BUILDINGS TO AMEND TIME LIMITS FOR COMPLIANCE AND RELATED MATTERS The City Council of the City of Atascadero, California does ordain as follows: CHAPTER 12 - UNREINFORCED MASONRY BUILDINGS Section 1 . Section 8-12 . 105, Subsections 1, 2 , and 3 shall be changed to read as follows : . 1 . On or before January 1, 1996, a structural analysis, which is subject to approval by the Building Official, and which shall demonstrate that the building meets the minimum requirements of this Chapter; or 2 . On or before January 1, 1996, a structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this Chapter; or 3 . On or before January 1, 1996, plans for the demolition of the building. Section 2 . Appendix Table No. 12-B (Time Limits for Compliance) is hereby amended to read as follows: Bldg. Permit From Date of Issuance Deadline Permit Issuance Rating occupant Submittal Deadline for Strengthening Commence Complete Classification Load for Rehab. Plans or Demolition Within Within I Any January 1, 19936 January 1, 199&8 180 Days 3 Years II Any January 1, 19936 January 1, 199§8 180 Days 3 Years Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, 000097 Ordinance No. 280 Page 2 a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing ordinance was adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: . ADOPTED: By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN Community Development Director 000098