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HomeMy WebLinkAboutAgenda Packet 03/28/1995 G i PUBLIC REVIEW COPY Wiese do not 012 exam counxer * NOTICE: THE CITY COUNCIL WILL MEET IN OPEN SESSION AT 6:00 P.M. IN THE 4TH FLOOR CLUB ROOM FOR THE PURPOSE OF INTERVIEWING APPLICANTS TO THE CITIZENS TRANSPORTA iON ADVISORY COMMITTEE. A. Resolution No. 30-95 Appointing (1) member to CTAC AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR-ROTUNDA ROOM Tuesday, March 28, 1995 7:00 P.M. This agenda is prepared and posted pursuant to the requirements of Goernment 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 ident( 'ed in the brief general description of each item, the action that may be taken shall includ : A.referral to staff with specific requests for information; continuance; specific d* cd to staff concerning the policy or mission of the item;discontinuance of consideratiol 1,authorization to enter into negotiations and execute agreements pertaining to the iter, 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 file in the office of the City Clerk (Room 08)and in the Information Office (Room 103), available for public inspection during Cit Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act,if you need special assistance to participate in a City meeting or other services offered by this City,please contact the City Manager'sOffice ((805)461-5010) or the City Clerk's Office((805) 461-5074). Notifica- tion at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provkle 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 PRESENTATIONS: Welcome visiting Lithuanian Police Delegation - COMMUNITYFORUM: Please see "Rules of Public Participation" (Back Page) A. CONSENT CALENDAR: AU matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after,the adoption of the Consent Calendar: 1. CITY COUNCIL MINUTES March 14,,1995 City Clerk recommendation: Approve 2. CITY TREASURER'S REPORT - February, 1995 City Treasurer's recommendation: Review and accept 3. EMERGENCY REPAIRS: LAUREL ROAD Staff recommendation: Review and accept B. PUBLIC HEARINGS:' 1. ECONOMIC DEVELOPMENT ELEMENT - Consideration of the Planning Commission's recommended additional element to the General Plan A Resolution No. 15-95 - Approving an amendment of the General Plan by adoption of ' an Economic Development Element (GPA 94-006; City of Atascadero) ' Planning Commission recommendation: Approve as amended C. REGULAR BUSINESS: 1. RESOLUTION NO. 29-95 Supporting the construction of the Alternate A (Modified) alignment of the Highway 41 bridge across the Salinas River given the failure of the existing ;Curbaril Bridge (NOTE: THIS IS NOT A PUBLIC'HEARING) Councilman Carden recommendation: Adopt 2. INTEGRATED WASTE MANAGEMENT AUTHORITY A. Joint Powers Agreement- To join the IWMA for SLO county'and cities Staff recommendation: Adopt B. Appointments to the IWMA Delegate and alternate 3_ ECONOMIC ROUNDTABLE RECOMMENDATIONS'(Cont'd from 3/14/95) A. Resolution No. 01=95 - Affirming advisory committee's purpose and revising membership ERT recommendation: Adopt 2 B. Downtown zoning - Initiating text amendment to allow ofces on the first floor in the Pedestrian Retail Overlay Zone without requiring C P approval ERT recommendation: Approve` 4. RESOLUTION NO. '26-95 - Consideration of Planning Commission's proposed procedures for processing General Plan amendment requests Planning Commission recommendation: Approve 5. GOLDENWEST DEVELOPMENT REQUEST TO HAVE SPRING BOND PAYMENT MADE WITH EXCESS CONSTRUCTION,FUNDS (Factory Outlet) 6. CITIZENS TASK FORCE FOR ECONOMIC RECOVERY A. City Council appointments B. Status of community Y group remaining# ou & remainin appointments g 7. ORDINANCE D ANC E N O. 284 - Amendingthe official Cit zoning m b. rezoning .:real _ y 9 p y g. property located at 3555 Ei Camino Real from RS to RSF-Y (ZC 94006) Staff recommendation: (1) Motion to adopt on second reading by title only 8. ORDINANCE NO. 285 - Amending the official City zoning m p by 9 rezonin real property located at 6000 San Palo from RSF-Z to CT (ZC 9400A) Staff recommendation: (1) Motion to adopt on second reading' y title only D. COMMITTEE REPORTS (The following represent ad hoc or slanding 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. Economic Round Table - 5. Finance Committee 6. Highway 41 Realignment Community Advisory Committee 7. Air Pollution Control District 8. Upper Salinas River CoordinatedResource Management and Planning Committee 9. North County Council E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk: 1996 General Municipal Election 4. City Treasurer' II 5. City Manager (cont d next page) til 3 F. CLOSED SESSION: 1. CONFERENCE WITH LABOR NEGOTIATOR:; Negotiator: City Manager Employee Organization: ManagementBargaining Unit 2. EXISTING LITIGATION: Name of case: City of Atascadero v. Oranne County j IIS I 4 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 yourself with the following rules of decorum: O Members of the audience may speak on any item on the a enda, in the order the items are addressed d essed b the Council as directed by the Mayor. Items' of Y Y Y �.,. I on the agenda should be submittedduring 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: a All remarks shall be addressed to Council, as a whole, and'not to any individual s member thereof. O No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. O A person may speak for five (5) minutes. o No one may speak eak for a second time until everyone wishing to speak has had Y P 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. o 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 comme is from the public on mattersotherthan scheduled agenda items. O A maximum of 30 minutes will be allowed`for Commu ity 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 follow up;on such items. REPORT TO CITY COUNCIL Meeting Date: 03/14/95 CITY OF ATASCADERO Agenda Item : 6:00 Session Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: Appointment to the Citizens' Transportation Advisory Cor"mittee (CTAC). RECOMMENDATION: 1 . Interview 5 applicants. 2. Select, by ballot, one citizen to serve and designate1 term of office. 3. Adopt Resolution No. 30-95 formalizing the appointment. BACKGROUND: Atascadero is represented on the Citizens' Transportation Advisory Committee (CTAC) by a delegate appointed by the City Council. Following the resignation of Jim Rodger, who served for eight years, there does exist a vacancy. 1 The City Clerk has conducted a recruitment and five local residents have applied. They are Peter Boonisar, Patrick Dempsey, Leon Korba, Jim Edwards and Lorene Cabrera. DISCUSSION: CTAC By-Laws, copy attached, indicate that the delegateshall serve as long as the appointing body allows or until resignation. The City Clerk requests that the City Council establish the term length and, additionally, make 'a provision for re- appointment. (Mr. Rodger was initially appointed for a three-vear term---but there does not appear to be any record of subsequent re-appointment)';. Attachments: Interview Schedule 5 Applications CTAC By-Laws . Resolution No. 30-95 i i I INTERVIEW SCHEDULE Tuesday, March ..28, 1995:.::::..................................... Club Room 6:00 Peter Boonisar 6:10 Patrick Dempsey 6:20 Leon Korba 6:30 Jim Edwards 6:40 Lorene Cabrera e vp d MAR 2 1 1995 APPLICATION FOR APPOINTMENT CITY OF ATASCADERO CITIZEN'S TRANSPORTATION ADVISORY COMMITTEECITY CLERK`S OFFICE NAME OF APPLICANT: Nicholas P. Boonisar RESIDENCE STREET ADDRESS: CITY: ZIP: 5212 Magdalena Avenue Atascadero 93422 RESIDENCE TELEPHONE NO.: BUSINESS TELEPHONE NO.: 466-5577 466-7650 ' BUSINESS STREET ADDRESS: CITY: ZIP: 5212 Magdalena Avenue Ataacadern c)3422 1. Are you a full-time paid officer or employee of local/state government (circle one)? NO YES If yes, where: position: 2. Education: Four Years of College 3. Present occupation:Volunteer Fundraiser 4. Membership in organizations: 5. Please describe why you are interested in serving on this committee. (Use reverse side for any additional information - 200 words maximum): traffic system is critical to the future growth of our city, state and country. I selected I will make the commitment, to attend all a. 6. Please describe other community activities that you have been involved in. Atascadero Board of Realtors funtions, local and national fundraising 7. Signature of applicant: "6& , IL 8. Date: 3/21( SUE\DOCS\CTACVAC.D N j ID MAR 21 1995 APPLICATION FOR APPOINTMENT • CITIZEN'S TRANSPORTATION ADVISORY COMMI E�v'' CITYOF CLERK OFICE NAME OF APPLICANT: c RESIDENCE STREET ADDRESS: C : ZIP: S� v RESIDENCE TELEPHON O.: BUSINESS T LEPHONE NO.: BUSINESS STREET ADDRESS: CITY: ZIP: 1. Are you a full-time paid officer or employee of local/state government (circle one)? YES If yes, where: position: 2. Education:JJa ��,12�6C� �- �i ��j^ i da �� t v 3. Present occupation: � � 4. Membership in organizations: x,/ f�� 5. Please describe why you are interested in serving on fw 6this mittee. se revers side for any additional information - 200 words maximum): co _, 'q r� z` C° 14;4' :5, G (L) cthUir --;,/ 6. Please describe other community activities that y u have been involved in. 1 7L8CSignature of a plicant: ate: SUEWOCSWTACV DAN C?�o� ��.5'C i�J�lic� cis' �`Y►jc� �/ �'/`�c�� �� o T�' 0,,; je 2z %' 'ZG "�i�'✓ /G Gl �' C�// �'K / �CLG !a 7Z G G APPLICATION FOR APPOINTMENT MAR 131995 CITY OF ATASCADERO CITIZEN'S TRANSPORTATION ADVISORY COMMI CITY CLERK'S r%r— NAME OF APPLICANT: L�vri 1(o R,4 RESIDENCE STREET ADDRESS: CITY: ZIP: I� `�� S'Aw uq koiP Ar�scAaER 93 22 RESIDENCE TELEPHONE NO.: BUSINESS TELEPHONE NO.: 4(6 -rj &C BUSINESS STREET ADDRESS: CITY: ZIP: 1. Are you a full-time paid officer or employee of local/state government (circle one)? O YES If yes, where: position: f 2. Education: t�INrv�RS"1 ry d C'ALtta"jq Maf ic lG2� (10tU211Cd" 3. Present occupation: [�E TlRbp �"�GtN��� 4. Membership in organizations: 5. Please describe why you are interested in serving on this committee. (Use reverse side for any additional information - 200 words maximum): R 0 v� 4 1{C�GC��i A 1 11* [� (� �t r '_'C [� � � tV f wc � G j G a cI /netri( f / �t� V, P� �-- 1Z G ,. � ' � n v' 0 G n. // l ty►c.� 1 6. Please describe other community activities that you have been involved in. Tti=ti Y'zb -V,) . 7. Signature of applicant: 8. Date: /2 SUE\DOCS\CTACVAC.DAN 36 FEB 2 3 1994 APPLICATION FOR APPOINTMENT CdTY OF ATASCADE`RO • CITY CLERK'S OFFICE CITIZEN'S TRANSPORTATION ADVISORY COMMITTEE NAME OF APPLICANT: 7;7_10 RESIDENCE STREET ADDRESS: CITY: ZIP: ZcF'va ec (? 4?,Iikv 'ervsc_4ocO� q,-ryz-7 RESIDENCE TELEPHONE NO.: BUSINESS TELEPHONE NO.: V Gc. 'L" 120 w/41 BUSINESS STREET ADDRESS: CITY: ZIP: 1. Are you a full-time paid officer or employee of local/state government (circle one) YES If yes, where: position: 2. Education: c �� 3. Present occupation: C4 4- 4. Membership in organizations: �� �' r c, 1O, G d5 5. Please describe why you are interested in serving on this committee. (Use reverse side for any additional information - 200 words maximum): C 6. Please describe other community activities that you have been involved in. /J - �,Gr& C C./. ',�c C'eo/1L C c ii 77. Signature of applicant: s�J 8. Date: vZ .� q L5 SUM OCS\CTACVAC.O N � E V NAME OF STREETRESIDENCE • ..' lid . RESIDENCE TELEPHONE NO.: BUSINESS TELEPHONE NO.: " � � - BUSINESS • • ..- 1. Are you a full-tAY paid officer or employee of local/state government (circle one)?(DO YES If yes, •• • 2. Education: UNITED 9! 4. Membership in organizations*. JA 5. Please describe why you are interested in serving on this committee. (Use reverse side for any additional information - 200 words maximum): Mo • . . ' W—Fra- ,"llaw, IVN�I�IUV_ MONWSW W-AW01 I 11111P • , s ff I : L • _ ` ` \ _ Vii_ , \ • Please describe other communityyou been • -• 1>> �1 li►. _1\ ♦► s-• X11 • \-�-� _o uc-� ADOPTED: June 6, 1985 RATIFIED: May 8, 1986 AMENDED: l q 91- CITIZENS TRANSPORTATION ADVISORY CObVWME BYLAWS i$\v.\v:•roSv:Sv.•{}inJ.v43wvivn4 FUNCTIONS The Citizens Transportation Advisory Committee(hereinafter referred to as "CTAC") serves as representatives of the general public. The functions of CTAC are as follows: A. To develop and forward recommendations on transportation policies and implementation. B. To review and study existing transportation related affairs. WAMERSHII' Section 1: Regular Members. Sixteen (16) regular members, representing various public interests concerned with transportation, shall be appointed to the Citizens Transportation Advisory Committee(CTAC) by the Board of Supervisors, incorporated cities and the San Luis Obispo Council of Governments as follows:. o One appointed by the city council (7 members) o One appointed by each District Supervisor (5 members) o Four at-large, appointed by the San Luis Obispo Council of Governments, with emphasis placed on assurance of a balanced representation of user groups. Each regular member shall serve so long as the appointing body allows or until resignation. Vacancies shall be filled by the appropriate appointing agency. Each regular member shall have full voting privileges. . e:\wpdocs\acc\c920064 1.mis 9-3 i. Section 2: Technical Advisory Members. Representatives of government agencies, including but not limited to the agencies included as Appendix I herein, shall be advisory members to the Committee and shall receive minutes and agendas and have full rights of committee membership, except that no Technical Advisory Member shall be permitted to vote on Committee matters. Section 3: Absences. Members shall be notified in writing after two (2) consecutive absences from regular Committee meetings. The Committee may recommend that the appointing entity drop a member from its rolls after three (3) consecutive absences upon a vote of two-thirds of the active Committee membership. Section 4: Vacancies. Should a vacancy occur on the Committee by reason of resignation, disability, or otherwise, the original appointing entity shall then appoint a member to fill the vacancy. `:+:P.G{�.L4]Q4iCCCn'�iT55iin'iiitii4F OMCERS Section 1: Officers. The officers of the Committee shall consist of a Chairman and Vice Chairman. A staff secretary will be provided to: 1. Keep the minutes of all meetings. 0 2. Give or serve all notices required by these Bylaws. 3. Prepare the agenda for all meetings. 4. Be custodian of Committee records. Section 2: Selection of Officers. The Chairman and Vice Chairman shall be chosen by majority vote of the regular members of the Committee. Secretarial services shall be provided by the San Luis Obispo Council of Governments. The selection of officers shall take place at the April meeting. Section 3 Term or Office Officers shall serve for a term of one year. No elected officer shall serve more than two (2) consecutive one-year terms in any office. Section 4: Vacancies. When a vacancy occurs it shall be filled by an election at the next regular meeting to follow such vacancy by a majority vote of the members present. e:\%vpdocs\acc\c920064 1.nil s 9-4 Section 5: Duties of Officers. A. Chairman: 1. To preside at all meetings of the Committee. 2. To call special meetings of the Committee in accordance with these Bylaws. 3. To see that all actions of the Committee are properly taken. 4. To appoint standing subcommittees. B. Vice Chairman: 1. To exercise or perform all the duties and be subject to all the responsibilities of the Chairman during the absence, disability, `or disqualification of the Chairman. 2. To assist the Chairman in the conduct of Committee business. Nn['Jh i.A\i�]C�V:L6:vVLvtib:J MEETINGS Section 1: Regular Meetings. A Regular meeting of the Committee shall be held at least prior to each Area Council meeting. Notice shall be sent to members stating the time and place of the meeting. A Regular meeting may be cancelled or rescheduled by the Committee at any meeting. Section 2: Special Meetings. The. Chairman may call a Special meeting of the Committee, provided written notice is given all members at least 24 hours in advance and proper public notice is given. Section 3: Quorum. A quorum shall consist of a majority of regular members of the Committee. No formal action shall be taken in the absence of a quorum, except to adjourn the meeting to a later date. Section 4: Agenda- Items for the agenda shall be provided to the Chairman by staff at least seven (7) days in advance of the meeting. The Chairman, at his/her discretion, may add matters of urgent business to the agenda. A written copy of the agenda for each meeting shall be given each regular and Technical Advisory member at least 48 hours in advance of a regular meeting. e:\wpdocs\acc\c9200641.mis 9-S Section 5: Proceedings. In all matters, not otherwise provided for herein, all meetings of the Committee shall be conducted in accordance with Robert's Rules of Order. Newly Revised. ` l V SUBCO ` Section 1: The Chairman shall appoint the members and determine the duties of Subcommittees, as needed or directed by the Committee. Section 2: Subcommittees shall make and submit recommendations to the full Committee for appropriate action. M CTM DATE Section 1: These Bylaws and any amendments shall go into effect upon the date of adoption by the San Luis Obispo Area Coordinating Council. TECHNICAL ADVISORY coma P=MEMBERS COUNTY ENGINEERING DEPARTMENT COUNTY DEPARTMENT OF PLANNING AND BUILDING STATE DEPARTMENT OF TRANSPORTATION e:\wpdocs\acc\c9'00641.mis 9-6 RESOLUTION NO. 30-95 i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPOINTING ONE CITIZEN AS ATASCADERO'S DELEGATE TO THE CITIZENS' TRANSPORTATION ADVISORY COMMITTEE (CTAC) WHEREAS, the Citizens' Transportation Advisory Committee (CTAC) serves as representatives of the general public for purposes of developing recommendations regarding transportation policies and reviewing existing transportation related affairs; and WHEREAS, the City of Atascadero is entitled to one delegate on CTAC; and WHEREAS, the Atascadero delegate's position has been vacated; and WHEREAS, the City Clerk has posted the vacancy and advertised for interested persons to apply for appointment; and WHEREAS, five applications were received and the City Council did, on • Tuesday, March 28, 1995, interview and consider five candidates. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1 . shall be appointed to represent the City of Atascadero on the Citizens' Transportation Advisory Committee (CTAC). SECTION 2. The delegate's term shall be for year(s). SECTION 3. Following the expiration of the initial term, if the delegate wishes to continue serving, the term may be extended for year(s) by simple motion of the City Council. On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: MEETING AGENDA 'DATE ILZaLO 5 ITEM#c ou c " PRESENTATION i a M E M O R A N D U M DATE: MARCH 15, 1995 TO: ALL POLICE AND CITY PERSONNEL FROM: LIEUTENANT JOHN BARLOW SUBJ: LITHUANIAN POLICE DELEGATION I apologize for not having written this memo sooner. By now you have certainly heard the news regarding the visit bly a Lithuanian Police delegation to Atascadero. Atascadero Polite Department, in cooperation with other interested citizeths throughout California, have organized this visit. The ; five member delegation will be in the Central Coast area during March 17th thru March 31, 1995. The delegation is touring and learning about police techniques, criminal investigations and related law enforcement and correctional procedures in California and the United States. Members of the delegation are: Honorable Antanas Racas - Member of Parliament; Mr. Ramutis Oleka - Head of Traffic Police at the Lithuanian Ministry of Interior Mr. Jonas Lazarenka - Chief Commissar of B6rder Police Mr. Arvydas Spurga - Chief Commissar of Police Dept. of Kelme District Mr. Kazimeras Balzaris - Colonel, Head of theAlytus Labor Prison of special regime. Let me give you a little history about their country. Lithuania is slightly bigger than the state of West Virginia and is slightly smaller than Denmark. The population of the country is 3 . 7 million. Lithuania, however, is the largestof the three independent republics that lie along the Baltic Sea. These nations - Lithuania, Latvia, and Estonia- together' known as the Baltic States. Since 1940 Lithuania had been occupied by the Soviet Union and it wasn't until 1991 that the United Nations welcomed them into its ranks as a free, self-governing country. They struggle daily with their new independence and 'the KGB. With their independence, however, they face many new challenges. There is much poverty and primitiveness in the country which the West has little knowledge of. The opportunity to come to America and learn techniques and ways of the West will help '! their future survival, and is a once-in-a-lifetime experience. 1 During their two week stay I have arranged for tours of various law enforcement agencies and correctional facilities. The response has been overwhelming in helping the delegation with meals, transportation, etc. The delegation will be at Atascadero Police Dept. and City offices on Monday, March 20th. They will also be in and about the City during the two week period. Due to the current financial situation of the City they were not asked to support this endeavor financially. All expenses, except the delegations airfares, have been donated and all help is volunteered. Therefore, I would like to entertain the idea of your support of the delegation in any manner you see fit, as an individual or a group. Please contact me if you wish to do so. I encourage you to give them a warm welcome to Atascadero ! ! Agenda Item: A-1 MeetinO Date: 03/28/95 ATASCADERO CITY COUNCIL MARCH 14, 1995 MINUTES The Mayor called the meeting to order at 7:04 p.m. Councilper�on Carden led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Carden, Highland, Johnson, Luna and Mayor Bewley Absent: None Also Present: Muriel "Micki" Xorba, City Treasurer a0d Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Henry Engen, Community Development Director; Art Montandoo, City Attorney; Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Mike McCain, Fire Chief; Bud McHale, Police Chief; Steve Sylvester, City Engineer; John Neil, Assistant City Engineer; Geoff English, Recreation Supervisor and Claudia Collier, General Curator CITY MANAGER COMMENTS: Andy Takata requested that a resolution proclaiming a state of local emergency be added as a matter of urgency. The heavy rainfall and flooding overthe past weekend occurred after the agenda was posted, he noted, and at least a 4/5uote was required to place the item on the agenda. MOTION: By Councilman Luna, seconded by Councilman, Johnson to place the matter on the agenda; motion carried 5.0 by roll call vote. (See Item #C-6). CC 03/14/95 Page 1 i The City Manager provided a storm update. John Neil summarized drainage problems and solutions for the Amapoa/Tecorida basin. COUNCIL COMMENTS: MOTION: By Councilman Carden to add an emergency resolution supporting the construction of the Alternate A-Modified alignment of the Highway 41 bridge across the Salinas River given the failure of the existing Curbaril Bridge because of the recent heavy storm. Discussion on the motion: Art Montandon provided legal advise as to the findings the Council must make to place an item of urgency on the Council agenda. Councilman Carden explained that he believed the resolution was necessary in order to give Caltrans direction and expedite repairs on the fallen bridge. Councilman Luna spoke in opposition and suggested that the Council obtain more information before taking any action. Councilman Johnson agreed and added that public input must be obtained. The City Manager reported that the Council of Governments is likely to hold a special meeting regarding the matter. Motion seconded and voted upon: Councilman Highland seconded the motion; motion failed 2;3 (Ayes: Carden and Bewley. Noes: Johnson, Highland and Luna). (Note: see page 12 for additional action). Councilman Highland asked when a revised investment policy would be brought to the City Council. Andy Takata reported that the consensus of the Finance Committee has been to defer the matter until it becomes more clear what changes in State Law will result from the Orange County crisis. By mutual consent, the Council requested that the Finance Committee meet to expedite the development of a revised investment policy. Mayor Bewley announced that Item #C-3 will be postponed until the next regular meeting. PRESENTATIONS: o Presentation by Ellen Sturtz, S.L.O. County TV Franchise Coordinator Ellen Sturtz, Franchise Administrator for the County of San Luis Obispo, provided an overview of efforts to establish a countywide community access planning consortium whose primary focus will be on access to cable TV and other technologies. She requested that the City Council consider directing staff to work with the consortium CC 03/14/95 Page 2 to finalize a draft Memorandum of Understanding and, 2) appoint a staff member to participate in the initial planning process. Brief Council questionsfollowed. COMMUNITY FORUM: John Berfumo, 7420 Atascadero Avenue, commented on flooding in his neighborhood and remarked that drainage culverts are too small to handle the amount of water and spill-over from Atascadero Lake that has occurred. Weyman Smith, 8310 Azucena, also shared concern that drainage culverts are not of adequate capacity to handle water flow. He stated that assessments for drainage purposes have been paid, but no work has yet been done. John Bunyea, 3310 Rio Vista Lane (Unincorporated County), urged the Council not to do a quick fix solution to the bridge and spoke in favor of the Alternate-A Modified solution. Chuck Stone, 7305 N. River Road (Unincorporated County), spoke regarding the Public Utility Commission's decision to de-regulate and the downsizing of Pacific Gas & Electric Company. He explained that service in Atascadero will be greatly impacted and urged the City Council to investigate and contact State representatives. Larry Price, 8400 Azucena, reported that he has been flooded twice this year, offered some solutions and requested appropriate follow-up action. He asked what corrective actions have been taken over the past seven years and what benefits he will receive from a $12,000 drainage assessment he recently paid on a home he is building on San Gabriel. Mr. Price mentioned that some improvements have been made to multi-family complexes on Amapoa and asked if these modifications were permitted by the City. He also reported that a nearby residence has a lot of junk, including inoperative cars, piled in the yard and is restricting the water flow. Councilman Johnson asked how complaints of this nature are handled. Andy Takata reported that the City's contract code compliance official addresses nuisance abatement and it was suggested that Mr. Price contact City staff about his concerns. Ray Jansen, 6655 Country Club Drive, commented that he seldom sees any media coverage of those who speak under Community Forum and requested that reporters pay more attention to these comments. Addressing the collapse of the Salinas River Bridge, he emphasized that there is no constructive point in placing blame in a matter that is clearly an act of God and urged positive solutions. CC 03/14/95 Page 3 MOTION: By Councilman Luna, seconded by Councilman Carden to extend Community Forum beyond 30 minutes; ; motion passed unanimously. Eric Greening, 7365 Valle, clarified the Council of Government's action regarding the Highway 41 project and remarked that it is not appropriate to blame a current natural disaster on a political decision. He suggested that Council priority should be safety first with recognition given to the fact that there already was (before the storm) a six billion dollar shortfall in the State's budget. Bob Caruba,Templeton resident, spoke in favor of realignment and argued that merely widening the Curbaril bridge will not eliminate the dangerous situation there. Carol Ball, 7070 Marchant, urged people to write to the Public Utilities Commission regarding the downsizing of PG&E. She also spoke in favor of the Alternate A- Modified solution for Highway 41 . Jerry Clay 7265 Sycamore, stated that the was disappointed the Council did not act on the resolution presented by Councilman Carden and spoke in favor of Alternate A- Modified realignment. Debbie Horton, 7250 Sycamore urged the Council and the Council of Governments (COG) to move ahead on the realignment because of safety. Dorothy McNeil, 8765 Sierra Vista, commented that the collapse of bridge has made a lot of people nervous and suggested that people review the facts. Livia Kellerman, 5460 Honda, remarked that the realignment will not solve the problem at the intersection of Highway 41. Kim Cutler, 8370 Azucena, voiced concerns about a dirt culvert behind her house and recommended that the City look into some of the suggestions made by Mr. Price. Geraldine Brasher, 3202 Monterey Road, commended the Council for stepping back and tackling the problem with the bridge one step at a time. She added that the fact that the bridge went out has nothing to do with the realignment controversy. ---End of Public Testimony--- The Mayor called a recess at 8:44 p.m. At 9:02 p.m. the meeting resumed. CC 03/14/95 Page 4 • A. CONSENT CALENDAR: 1. CITY COUNCIL MINUTES - February 14, 1995 City Clerk recommendation: Approve 2. CITY COUNCIL MINUTES - February 28, 1995 City Clerk recommendation: Approve 3. CITY COUNCIL MINUTES - March 2, 1995 (Mid-Year Budget Session) City Clerk recommendation: Approve 4. FINANCE DIRECTOR'S REPORT January, 1995 Staff recommendation: Review and accept 5. APPROVAL OF WARRANTS FOR MONTH OF FEBRUARY, 1995 Staff recommendation: Review and accept 6. RESOLUTION NO. 25-95 - Supporting Senate Bill 1 X: Proposal to waive local match for securing disaster relief funds Staff recommendation: Adopt 7. RESOLUTION NO. 24-95 - Authorizing amendment of fees for notary services Staff recommendation: Adopt 8. ACCEPTANCE OF SLOPE REHABILITATION PROJECTS IMPROVEMENTS Staff recommendation: Accept and authorize release of 10% retention 9. RESOLUTION NO. 21-95 - Approving mid-year amendments to the 1994-95 adopted budget Staff recommendation: Adopt 10. RESOLUTION NO. 27-95 - Designating City representatives authorized to execute State Office of Emergency documents for certain federal financial assistance Staff recommendation: Adopt Councilman Carden pulled Item #A-4. MOTION: By Councilman Highland, seconded by Councilman Luna to approve the Consent Calendar Items #A-1 through 3 and 5 through 10; motion approved 5:0 by roll call vote. CC 03/14/95 Page 5 Re: Item #A-4. FINANCE DIRECTOR'S REPORT - January, 1995 Staff recommendation: Review and accept Councilman Carden requested that the Finance Director's Report be placed on the Regular Business Agenda for at least the next several months. Councilman Johnson indicated he would like to see more information about revenues and expenses. Brad Whitty reported that he was in the process of expanding the Finance Director's Report. Councilman Carden noted that there appeared to be a significant amount of uncollected debts and asked if the City has a collections process. Brad Whitty reported that the City contracts with Medico-Dental Adjustment Bureau for past-due debt collection. MOTION: By Councilman Carden, seconded by Councilman Johnson to approve the Finance Director's Report; motion carried unanimously. B. PUBLIC HEARINGS: 1. GENERAL PLAN AMENDMENTS A. Resolution No. 22-95 - Amending Circulation Element to designate EI Bordo as a "collector" street (GPA 94001; Berean Baptist Church) Planning Commission recommendation: Adopt Henry Engen provided the report ort and recommendation to approve. He p emphasized that there will not be any assessments or improvements applied because of the change in street status. Public Comments: Greg Peterson, 6599 San Gabriel Road, spoke in support of the request and thanked staff for their efforts. ---End of Public Testimony--- MOTION: By Councilman Johnson, seconded by Councilman Highland to approve Resolution NO. 22-95 as recommended; motion passed 5:0 by roll call vote. CC 03/14/95 Page 6 B. 6000 San Pato: 1. Resolution No. 13-95 - Approving an amendment to the General Plan Land Use Map by redesignating certain real property at 6000 San Palo from Low Density Single Family to Tourist Commercial (GPA 94003; Summers) Planning Commission recommendation: Adopt 2. Ordinance No. 285 - Amending the official City zoning map by rezoning subject real property from RSF-Z to CT (ZC 94004) Planning Commission recommendation: (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only Henry Engen provided the staff report and recommendation to approve. Responding to inquiry from Councilman Johnson, he summarized the allowable uses. There were no public comments. MOTION: By Councilman Carden, seconded by Councilman Johnson to approve Resolution No. 13-95 as recommended; motion passed 5:0 by roll caU vote. . MOTION: By Councilman Highland, seconded by Councilman Johnson to waive the reading in full of Ordinance No. M; motion passed unanimously. MOTION: By Councilman Highland, seconded by Councilman Johnson to approve Ordinance No. 285 on first reading; motion passed unanimously. C. 3555 El Camino Real: 1. Resolution No. 11-95 - Approving an amendment to the Land use Map by redesignating subject property from Suburban Residential to Moderate Density Single Family Residential and including the site within the Urban Services Line (GPA 94005; Pentecostal Church) Planning Commission recommendation: Adopt 2. Ordinance No. 284 - Amending the official City zoning map by rezoning subject real property from RS to RSF-Y (ZC 94006) Staff recommendation: (1) motion to waive reading in full and CC 03/14/95 Page 7 read by title only, and (2) motion to introduce on first reading by title only Henry Engen provided the report and responded to brief questions. Public Comments: Russ Thompson, representing the Pentecostal Church, spoke in support of the application and requested approval. --End of Public Testimony--- MOTION: By Councilman Carden, seconded by Councilman Luna to approve Resolution No. 11-95; motion passed 5:0 by roll call vote. MOTION: By Councilman Carden, seconded by Councilman Luna to waive the reading in full of Ordinance No. 284; motion passed unanimously. MOTION: By Councilman Carden, seconded by Councilman Luna to introduce Ordinance No. 284 on first reading; motion passed unanimously. C. REGULAR BUSINESS: 1. LAS ENCINAS/3-F MEADOWS ASSESSMENT DISTRICTS - Final project cost and action on SLTPP Grant fund reimbursement Staff recommendation: Review and provide direction Brad Whitty provided the staff report and presented options. He noted that staff is recommending Option #4 (calling of the bonds) and requested further direction from the Council Councilman Highland asked why the City has incurred additional costs in construction. John Neil explained that cracks in the pavement surface of the roads in the Las Encinas Assessment District have posed unforeseen difficulties. He noted that it was never the intention of construction to solve this problem and predicted that it will continue to be an on-going problem. Councilman Johnson inquired as to what has been done in the past in terms of refunds. Brad Whitty reported that this is the first time the City has had surplus assessment district funds because of grant monies were received and construction CC 03/14/95 Page 8 costs came in under bid. Public Comments: Leo Korba, 10905 Santa Ana Road, suggested that the Council consider conducting a survey of the residents and let them give their opinion of where the money should go. Hal Hayes, 2505 Alturas, indicated that he was speaking for residents in the Las Encinas and 3-F Meadows districts. He urged the Council to approve Option #2 (credit to property owner). ---End of Public Testimony--- Council discussion ensued. Councilman Highland spoke in favor of sending out a questionnaire to parcel owners to determine which of the two methods (Options #2 or #4) they prefer. Councilman Carden suggested that Option #3 (held in trust for street maintenance) also be included as an alternative. Councilman Highland commented that the residents already feel they have been paying taxes over the years for road repairs and have not been receiving the maintenance. Councilman Luna asserted that the money should go back to the property owners and asked Mr. Hayes if the property owners had been polled for a preferred option. Mr. Hayes indicated • that no formal poll had been conducted. By Council consensus, staff was directed to develop and send out a questionnaire (subject to Council review) to property owners in the Las Encinas and 3-F Meadows Assessment District to determine a preferred option. The matter will come back for formal resolution. 2. ORDINANCE NO. 286 - Amending the Zoning Ordinance text and map to establish a Planned Development Overlay Zone No. 11 for the 3-F Meadows Ranch Development project (ZC 94001; Davis Family Trust) Staff recommendation: Adopt on second reading by title only MOTION: By Councilman Carden, seconded by Councilman Johnson to adopt Ordinance No. 286 on second reading; motion passed 5.0 by roll cal/ vote. 3. ECONOMIC ROUND TABLE RECOMMENDATIONS A. Resolution No. 01-95 - Affirming advisory committee's purpose and revising membership CC 03/14/95 Page 9 ERT recommendation: Adopt B. Downtown zoning - Initiating text amendment to allow offices on the first floor in the Pedestrian Retail Overlay Zone ERT recommendation: Approve This matter continued until March 28, 1995. 4. RESOLUTION NO. 23-95 - Adopting Revised City Facility Policies, Procedures and Fees Staff recommendation: Adopt A. City parks and facilities policy & fee adjustments B. Revisions to Charles Paddock Zoo admission fees Brady Cherry provided the staff report and recommendation to approve. Geoff English summarized the changes in the policy regarding use of facilities. Councilman Luna asked the City Attorney if he was comfortable with changes in the policy regarding use by religious groups. Art Montandon indicated that he was and expressed appreciation to Reverend Trey Littlejohn for his assistance in revising the policy. Public Comments: Reverend Trey Littlejohn expressed appreciation to staff and commented that he approved of the new policy. --End of Public Testimony--- Councilman Highland opposed limiting major events at the Atascadero Lake Park to six during the peak park season because it was too restrictive. Geoff English reported that large events impact parking, the average park user and creates additional staff time for set-up, clean-up and park maintenance. He explained that cost recovery of staff time is a major concern and noted that staff endeavors to cover the bottom line of their departmental budgets despite increasing demands on City personnel. The policy recommendations, he concluded, are an effort to balance those two issues. Claudia Collier reviewed recommended changes in admission fees for the Charles Paddock Zoo. MOTION: By Councilman Carden, seconded by Councilman Johnson to adopt Resolution No. 23-95 as recommended by staff; motion passed 4:1 (Highland). CC 03/14/95 Page 10 5. CITIZEN TASK FORCE FOR ECONOMIC RECOVERY - Alternatives Staff recommendation: Approve Brad Whitty presented the staff report on behalf of the City Manager. Councilman Luna commented that he would have Liked to have seen representation by the Friends of the Library but noted that they are a "County" group. Councilman Carden recommended that department heads define "level of service" so that everyone knows what that is. MOTION: By Councilman Luna, seconded by Councilman Carden to approve the membership as proposed by the City Manager; motion passed unanimously. D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows.): 1. S.L.O. Council of Governments (COG)/S.L.O. Regional Transit Authority (SLORTA) - Councilman Carden reported that SLORTA had met and discussed the "Safe Ride Home Program" and indicated that the service is available to all, not just the intoxicated, and is funded by the private sector not public. He also mentioned that Caltrans was discussing the elimination of the Ride Share Program and stated that a counter effort has been instigated through the legislature. He proposed that the City Council consider the adoption of a resolution opposing the elimination of said program. There was consensus to bring this matter back at a later date. Councilman Carden reported that the next regular meeting of the COG will be April 5, 1995. 2. Economic Round Table - Councilman Johnson reported that he had attended a meeting of the North County Telecommuter Coalition and advised he would keep the Council apprised of forthcoming recommendations. 3. Air Pollution Control District - Councilman Highland reported that the last meeting had been canceled due to bad weather and it had not yet been rescheduled. 4. Upper Salinas River Coordinated Resource Management and Planning Committee - Councilman Highland reported that the next meeting will be March 21, 1995. CC 03/14/95 Page 11 5. North County Council Councilman Highland reported that the Executive Committee will be coming out with a recommendation paper on the Salinas River Basin. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Carden indicated that he would like to propose a resolution at a later date stating opposition to Caltrans seismic retrofit priorities. Councilman Carden expressed disappointment that he had not had Council support for adding the urgency resolution he proposed earlier (see page 2). Discussion ensued. By mutual consent, staff was directed to bring back at the next meeting the proposed resolution with an accompanying staff report from Caltrans. Councilmembers Carden and Johnson expressed appreciation to City staff and other support service organizations for emergency response during the recent floods. 2. City Clerk Lee Price provided an update on an open recruitment for a local resident to serve as Atascadero's delegate to the Citizens Transportation Advisory Committee (CTAC). 3. City Treasurer Micki Korba spoke in support of delaying the adoption of a revised investment policy until after she attends some workshops at the end of April that will delve into the latest information regarding investment policies. She noted that the Finance Committee was aiming to meet a previous request by Councilman Highland to bring the annual investment policy forward concurrent with budget adoption and the seating of a new council and mayor. 4. City Manager Henry Engen provided an overview of the items scheduled for the next agenda. THE MEETING WAS ADJOURNED AT 10:50 P.M. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, MARCH 28, 1995 AT 7:00 P.M. CC 03/14/95 Page 12 MINUTES RECORD ND PREPARED BY: LEE PRICE, City'Clerk `v CC 03/14/95 MPage 13 33 I I REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item!: A-2 Through: Micki Korba, City Treasure Meeting Date: 3/28/95 From: Brad Whitty, Finance Direc'ro-� SUBJECT: Treasurer's Report - February, 1995 RECOMMENDATION: Council review and accept. Attachment: Treasurer's Report, February, 1995 I a 000001 a CITY OF ATASCADERO TREASURER'S REPORT FOR THE MONTH OF FEBRUARY (Unaudited) GENERAL FISCAL ACCOUNT INVESTMENTS AGENT TOTAL BEGIN. TREASURER'S $443,790 6,278,687 503,369 7,225,847 BALANCE RECEIPTS 536,465 -0 -0- 536,465 DISBURSEMENTS < 701,672> -0- -0- < 701,672> TRANSFERS IN -0- -0- -0- TRANSFERS OUT -0- -0- -0- -0- OTHER -0- -0- -0- -0- BALANCE $278,583 $6,278,687 $503,369 $7,060,639 DEPOSITS IN 10,895 TRANSIT CHECKS OUTSTANDING <119,640> ADJUSTMENTS < 8> ADJUSTED TREASURER'S BALANCE 6,951,887 CITY OF ATASCADERO MURIEL C. KORBA City Treasurer a:treas-rpt #40 ALL FUNDS - GENERAL ACCOUNTIINVESTNENTS RESERVED UNRESERVED CASH ( 1) CASK (2) FUNDS General Fund Pooled Cash $ $ 925,035 as Tax Fund Pooled Cash 35,515 evelopment Fee Pooled Cash 83 Donations Pooled Cash 7,869 A.D. #4 - Reserve Pooled Cash 50,497 Zoo Enterprise Pooled Cash < 24,730> Payroll Trust Pooled Cash < 20,650> 92 St.A.D. Reserve 45 TRAN Repayment Pooled Cash 1,164 93 STBG-688 Pool Cash 2,727 93 EDBG-268 Pool Cash 970 Dial-A-Ride Pooled Cash <72,089> WasteWater Fund Pooled Cash 1,857, 153 Lake Park Pavil. Pooled Cash < 13, 190> Aquatics Pooled Cash < 20,762> Recreation Pooled Cash < 65,540> Tree Plant Fund Pooled Cash 34,467 Tree Assn Fund Pooled Cash 1,372 Sidewalk Trust Pooled Cash 50,477 Emergency Services Pooled Cash 11,681 Police Training Pooled Cash < 2,826> Weed Abatement Pooled Cash 3 .,880 A.D. #3Redemptn. Pooled Cash 4,057 A.D. #4 Redemptn. Pooled Cash 45, 156 A.D. #5 Redemptn. Pooled Cash 2,683 Camino Real Redm Pooled Cash < 63> �2 Street A.D. Redemptn Pooled Cash 58,350 9 COP Debt Svc Pooled Cash 75,602 Capital Project Pooled Cash < 10,358> ' 89 COP Const. Pooled Cash -0- Pol. Dev. Fees Pooled Cash 1,339 Fire Dev. Fees Pooled Cash 54,088 P&R Dev. Fees Pooled Cash 22,069 Drain. Dev. Fees Pooled Cash 400,428 Amapoa-Tec. Fee Pooled Cash 236,574 Public Works Pooled Cash 16,508 St. Main. Dist. Pooled Cash 4$,043 TDA Non-Transit Pooled Cash 11$,311 Sewer Facilities Capital 1,951,940 Camino Real Const. Pooled Cash 321,704 Las Encinas Const. Pooled Cash 151,427 3F Meadows Const. Pooled Cash 110,820 Santa Rosa A.D. #7 Pooled Cash 48,692 TOTAL ALL FUNDS 286,138 $6,162,380 CASH WITH FISCAL AGENT Camino Real Resr Cash $ 207,377 92 St. A.D. Resv Cash 45,864 Wastewater Fund Cash 48,794 Camino Real Redm. Cash 340 2 St. A.D. Redm. Cash 45 9 COP Debt Svc. Cash 196,838 TOTAL WITH FISCAL AGENT $ 503,369 TOTAL RESTRICTED AND 000003 UNRESTRICTED CASH $6,951,887 INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND 2/28/95 INTEREST TIME DEPOSITS: AMOUNT RECEIVED (4) Orange County Investment Pool/TRAN $ 54,354(6 ) $ 29,354 Orange County Investment Pool 3,673,005(6) 115,021 Local Agency Investment Fund 2,551,328(3) 2,442 TOTAL TIME DEPOSITS $6,278,687 146,980 Mid-State Interest Received 5,531 TOTAL INTEREST RECEIVED $152,511(5) Notes: ( 1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) The City must repay the $1,300,000. Tax Revenue Anticipation Note (TRAM) from this fund including $59,634 interest at 4.60% per annum by July, 1995. (4) February, 1995 interest yields were as follows: Orange County Not available LAIF 5.53% Mid-State 2.53% (5) This is actual amount deposited to City accounts through February 28, 1995 and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. (6) On December 6th, Orange County filed a Chapter 9 bankruptcy with the courts. The City had $5,082,641 in the Orange County Investment Pool (OCIP) as of that date. The City withdrew $1,355,282 from the OCIP on January 26, 1995. No interest has been posted to the City' s OCIP account since September, 1994. 000004 1 f I REPORT TO CITY COUNCIL Agenda Item: A-3 CITY OF ATASCADERO Meeting Date:-M,�rch 28, 1995 Through: Andy Takata, City Manager Via: Henry Engen, Community Development Di ector/ Public Works Director From: Steve Sylvester, City Engineer ------------------ SUBJECT Laurel Road Landslide Emergency Repairs Recommendation. RECOMMENDATION• Authorize staff to implement emergency repairs to the Laurel Road slide and waive formal bidding procedures due to e4ergency situation. 1 BACKGROUND: Laurel Road has suffered a significant landslide during the recent rains'. Several utility lines and an Atascadero Mutual Water Co. water line are threatened. Failure of the water line would eliminate fire protection for several residences. The continuing rains threaten further earth movement which could lead to failures of existing utility lines leading to pojtentially disastrous consequences. It is imperative that immediate measures be taken to repair the damage. In accord j ith the City's procurement procedures, the Public Works Director has taken the first requisite step by declaring a public emergency (see attached) . DISCUSSION• Conventional plan preparation, contract advertisingand award would extend the start of the project into the cont"nuing winter rains. Temporary measures are not considered cost effective nor appropriate given the nature of the failure. Underjthe emergency provisions of the City's procurement policies, formyl bidding can be waived. The flexibility allowed by working directly with an individual contractor can facilitate the permanent road improvements in a timely fashion. FISCAL IMPACT: The estimated cost to repair Laurel Road slide 11de 1s $ 5, 000. 00. � i 000005 The City has applied for FEMA disaster relief monies to reimburse the City for the repair. In the interim, SLTPP monies received for the Camino Real Assessment District project could be used to fund the repairs. ATTACHMENTS: Declaration of Public Emergency, March 21, 1995 0000,0 ; • MEMORANDUM TO: R. David Bewley, Mayor March 21, 1995 FROM: Henry Engen; Public Works Director/Acting City Manager SUBJECT: Declaration of Public Emergency: Laurel Road Slide Repair Owing to additional storm-induced damage, I am declaring a public emergency with respect to the Laurel Road failed road project. Under the Procurement and Purchasing Manual' s Public Works Bidding procedures, Section 10: " In the event that the Public Works Director declares a public • emergency, the Director may dispense with formal or informal bidding, in order to accomplish repairs and/or replacements as necessary. " That section goes on to state that at the next regular or special meeting of the Council, staff may seek direction as to "whether repairs and/or replacements should proceed, or if the appropriate bidding procedures should be used" . John Neil is preparing a staff report for the meeting of March 28th to address this issue. HE:ph cc: Andrew Takata, City Manager City Council City Department Heads Art Montandon, City Attorney 00000'7 1 i REPORT TO CITY COUNCIL CITY OF ATASCADERO Item Noa B-1 i Through: Andy Takata, City Manager Meeting Date: 3-28-95 File No: GPA 94-006 Via: Henry Engen, Community Development Director, From: Steven L. DeCamp, City Planner bo SUBJECT: Adoption of an Economic Development Element as part of the City' s General Plan. RECOMMENDATION: The Planning Commission recommends the following: 1 . Find the Negative Declaration prepared for the project to be adequate. 2 . Approve Resolution #15-95 adopting the Economic Development Element . BACKGROUND: At the conclusion of the City Council' s December 13, 1994 meeting, the draft Economic Development Element propared by Palmer Koert was referred to the Planning Commission for public hearings and recommendations back to the City Council . ANALYSIS: The Planning Commission held public hearings on the Economic Development Element on January 3, 1995 and February 21, 1995 . At the conclusion of the January 3 hearing, staff wasdirected by the Commission to incorporate where appropriate, cpmments received at that January hearing, along with Commission and staff concerns, into the draft Element . At their February hearing, the Commission, on a folur to three vote, and with little public comment, recommended 4pproval of the document . Additional concerns expressed by the Commission centered on the apparent lack of public input, and the quality of the original draft element . 0010 '8 f Exhibits : ATTACHMENT A - Draft Negative Declaration ATTACHMENT B - Planning Commission Staff Report (1-3-95) ATTACHMENT C - Planning Commission Staff Report (2-21-95) ATTACHMENT D - Planning Commission Minutes Excerpt (1-3-95) ATTACHMENT E - Planning Commission Minutes Excerpt (2-21-95) ATTACHMENT F - Economic Roundtable Memorandum ATTACHMENT G - R.S . Kolemaine Letter ATTACHMENT H - Councilman Ray Johnson Comments ATTACHMENT I - Draft Resolution #15-95 (w/draft Economic Development Element attached) 000' 9 Attachment A CITY OF ATASCADERO " ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO. CA 93422 (805) 461-5035 APPLICANT: City of Atascadero 6500 Palma Ave. Atascadero, CA 93422 PROJECT TITLE: General Plan Economic Element PROJECT LOCATION: City-wide PROJECT DESCRIPTION: r: Adoption of an Economic Element of the City' s General Plan 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. DETERIVIINATION: 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: 12-13-94 Date Adopted: CDD 11-89 OMU A Attachment B CITY OF ATASCADERO Item: g , l STAFF REPORT Is FOR: Planning Commission MEETING DATE: 1-3-95 BY: f',pSteven L. DeCamp, City Planner FILE NO: GP Economic �, Development Element SUBJECT: Review and adoption of an Economic Development Element of the City' s General Plan RECOMMENDATION: Following the public hearing, refer the element to staff for appropriate revision and rescheduling for final recommendation to the City Council for adoption. SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .City of Atascadero 2 . Environmental Status . . . . . . . . .Negative Declaration posted December 13, 1994 • BACKGROUND: The California Government Code allows cities to adopt optional General Plan elements in addition to those mandated by the Code . Foe example, this City has prepared and adopted a "Downtown Element" of the General Plan. The firm of Palmer Koert was retained by the City and has now prepared a draft "Economic Development Element" for review. Upon its adoption, this Element will guide the City' s decision making process with regard to matters affecting economic development . ANALYSIS: The draft "Economic Development Element" sets forth goals and policies for the City' s economic health and growth. These policies are based, in large part, on three technical appendices . The technical appendices, which are not suggested for adoption as part of the element, report the findings of the consultant' s research into Atascadero' s existing economic conditions . It is, therefore, very important to review each of the technical appendices to understand how the recommended policies respond to the City' s needs . Based on the findings in the appendices, the consultant prepared policies regarding the promotion of economic development, support 0 000 rll for existing businesses, downtown revitalization, and industrial park development . CONCLUSIONS: The draft Economic Development Element does not contain many deviations from the earlier economic analyses of the City prepared by Economic Research Associates and Crawford, Multari & Starr. The document does, however, present its findings in a format that is suitable for adoption as a general plan element . The adoption of such an element will provide valuable guidance to decisions makers on matters relative to economic development . ATTACHMENTS : Exhibit A - Draft Economic Development Element Exhibit B - Negative Declaration Exhibit C - City Council Minute Excerpts (12-13-94) Exhibit D - Economic Roundtable Comments (12-12-94) Exhibit E - R.S . Kolemaine Comments (12-5-94) • OOW `2 h� Attachment C CITY OF ATASCADERO Item: B . 5 STAFF REPORT • FOR: Planning Commission MEETING DATE: 2-21-95 BY: Ok Steven L. DeCamp, City Planner FILE NO: GPA 94-006 SUBJECT: Adoption of an Economic Development Element as part of the City' s General Plan RECOMMENDATION. Staff recommends the following Commission actions : 1 . Find the draft Negative Declaration prepared for the project to be adequate. 2 . Recommend that the City Council adopt the draft Economic Development Element . SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .City of Atascadero 2 . Environmental Status . . . . . . . . .Negative Declaration posted December 13, 1994 ANALYSIS: At the conclusion of the Planning Commission meeting on January 3, 1995, staff was directed to return with the draft Economic Development Element amended to reflect the Commission' s concerns, and the input of the various reviewers . Attached to the draft Resolution is an amended Economic Development Element which staff believes meets the criteria established by the Commission and the Council' s intent to provide policy direction for future economic development activities . The original Element language to be deleted is shown "eyelet-eek" while new language is shown in "bold" type . The map which was originally shown on Page X-8 is recommended for deletion because the information depicted on that map is better represented in the Land Use Element . ATTACHMENT A - Draft Resolution 000013 Attachment D CITY OF ATASCADERO PLANNING COMMISSION 1/3/95 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 1. ECONOMIC DEVELOPMENT ELEMENT: Review and adoption of an Economic Development Element of the City's General Plan. STAFF RECOMMENDATION: Following the public hearing, refer the element to staff for appropriate revision and rescheduling for final recommendation to the City Council for adoption. TESTIMONY: None from the public. Chairman Johnson: Mr. Johnson suggested that since two Commissioners were absent tonight (one vacancy and Commissioner Bonnema's absence) , there is no pressing deadline to meet on this and because more time is required to adequately study this important document, that this be placed on next meeting's agenda for discussion. This would give the • Commissioners a chance to carefully study and comment on this document. In this way, the Commissioners can discuss it in more depth at the next meeting. The commissioners agreed to this but also had comments for this meeting. Chairman Johnson concurred with Commissioners Edwards and Wallace that language needed to be added to the element that would support tourism within the Redevelopment Commission. Mr. Johnson suggested that the downtown element seems to need re- introduction because it seems to have been forgotten;. Chairman Johnson agreed with Commissioners Wallace and Edwards that we should not limit ourselves exclusively to existing Retail space because these spaces 'are not sufficient for the large discount stores. However, the existing retail space should be promoted to new business that can utilize the existing space. Mr. Johnson suggested that instead of wording such as "discouraging" development of additional retail acreage, the following should be inserted: "encourage development of additional retail acreage in an orderly fashion that would be in the best interests of the City. " Commissioner Edwards: Agreed (without any modification) with the recommendations and comments of the Chairman of the '',Economic Round (Page 3 of 10) 0001``14 Planning Commission - Action Minutes, 1/3/95 Table, Mr. Bob Lilley. He also agreed, for the most part, with Mr. Kolemaine's comments in his Summary of Recommended Changes. Regarding the report, itself, Commissioner Edwards felt that there was not a lot of new information in the report; most of the information appears to have been acquired from other reports already done in the City of Atascadero. He would have liked to have seen a little more depth and insightfulness in a report as expensive as this one. He was looking for more creative solutions to some of the identified problems. He did say that the report is basic and provides some good information, but most of this basic information was already available. Mr. DeCamp asked Commissioner Edwards if the ERT endorses the comments of Mr. Kolemaine. Mr. Edwards indicated that he could not say that the ERT supports Mr. Kolemaine's suggested text changes. Mr. Lilley, the Chairman, conclusively reflects the wishes_ of the ERT in his report. Mr. Edwards added that he, personally, also supports some of the things Mr. Kolemaine mentions in his report as the two positions are not incompatible. t Regarding utilization of "available commercial space" mentioned in the report, Mr. Edwards disagrees that the existing space should be given higher priority over new development. He questioned whether "available space" is really rentable in terms of meeting the needs of the public who needs to rent them. We need to become a regional draw before the available space can be filled. Commissioner Edwards also disagrees with the removal of retail uses entirely from industrial park zoning. Mr. Edwards suggested that the tool of tourism should be utilized more extensively. Nothing in the report reflects this. The element should reflect tourism just as it does with demographics for example. Mr. Edwards suggested adopting a Tourism Commission, similar to the Planning Commission, separate from but with the support of private groups such as the Chamber or the BIA. Commissioner Edwards agreed with Commissioner Messer that both the downtown and the outskirts should be developed simultaneously and that combining small lots to form a large parcel is one way to accomplish this. Commissioner Wallace: Ms. Wallace felt the report contradicts itself in several different places, it is very unclear and doesn't read well because it bounces back and forth. Even with Mr. Kolemaine's detailed summary of recommended changes, this report will need some detailed study to make sense of it. Some of the suggestions in the Palmer/Koert report are okay, but some stronger language needs to be used. She felt that it is a very important document to the City of Atascadero. Commissioner Wallace was really disappointed to see no public comment at all, because generally the population would certainly be interested in redevelopment. (Page 4 of 10) 0001015 Planning Commission - Action Minutes, 1/3/95 • From the beginning of the ort Ms. Wallace had the following g g report, g suggestions: Page 2 , the development of a Local Economic Development Commission or Corporation needs to be spelled out a little more. For example, will it be a nonprofit, who will sit on the Board, and it needs a strong mission statement. She didn't feel that the Executive Director had to be knowledgeable of Atascadero, but should have a strong background in economic development and/or redevelopment. This person would be actively recruiting businesses to Atascadero. Page 3 , Ms. Wallace asked staff if the adoption of a Redevelopment District to promote the downtown and industrial park areas can be formed without a Redevelopment Agency. Mr. Decamp answered that the City can do this without a Redevelopment Agency, but there is an agency that currently exists. However, it has never been implemented or funded, only the legal paperwork to set it up has been completed. The Redevelopment Agency is the funding mechanism. Regarding the development of a pro-business community image, the Business License Office could use some improvement insofar as the materials provided. The Chamber would be a good source of input on that (for example, what information is lacking) . Two main points jump out of this report: 1) Drawing people off the freeway to spend money here in Atascadero. The development of the Stadium Park needs to be given a higher priority along with the downtown area. 2) The downtown element should reflect those things that already exist and start implementing them. Commissioner Wallace wanted to let the City Council know that we have to send that message to the downtown area. It is important that the downtown have some sort of theme, a brochure needs to be developed to promote visitation of Atascadero. For example, antique stores could be the focus or promotion of the arts. We need to look at specialty shops in the downtown area to promote foot traffic. Page 4 , #C: Promotion of Specific Economic Development Projects (Auto Park and Discount Department Store) : To do something as ambitious as an Auto Mall concerns Commissioner Wallace unless 'there are people already knocking on our doors and expressing interest in relocation. A discount department store makes more sense, but the priority should be in the downtown. Site Selection: There needs to be something in the text about recruitment. Ms. Wallace agreed with Mr. Edwards that we should not limit ourselves to the existing inventory of spaces because they were not qualified at all in the report. The Retail/Service/Commercial Directory Map is an excellent idea for Atascadero. This would help the average citizen in Atascadero patronize local businesses. (Page 5 of 1.0) Planning Commission - Action Minutes, 1/3/95 Page 6:' Remove "would only include" referring to the areas of commercial development.Commissioner Wallace asked why tax free zones were not mentioned in the report. A utility tax and CDBG money were discussed, but what is the history of making any type of offer like that to someone who the City would really like to recruit. Mr. DeCamp indicated that this City, because of its incorporation after Proposition 13, lives on the sales tax. Property tax does not contribute as much to our revenue stream as it does in other cities. The City doesn't have tax to give away. While the tax free zone might encourage development, it would not return anything. They have not proven to even pay their way in larger areas. r Commissioner Miller: Mr. Miller supports some kind of group to get together to come up with some suggestions regarding tourism, but the reality is that no tourist will vacation in Atascadero because we have no draw. What is planned or is there a vision for what tourism might be attracted here? Paso Robles has done a wonderful job of promoting their wineries, for example. Regarding Page 5, Economic Base Indicators, Table 6 Per Capita Sales indicates that in 8 of 11 categories, the per capital sales in Paso Robles exceeds Atascadero. Perhaps we could capitalize on our strengths in certain categories to attract some retailers. Commissioner Messer: Mr. Messer indicated that he .is not in favor of discouraging new businesses from developing in the outskirts of Atascadero. He suggested combining several small lots and creating a large parcel that would be suitable for one of these large retailers. We need to be creative about developing the downtown to achieve both goals. Mr. Messer concurred with Chairman Johnson's suggested rewording "encouraging development, " because we definitely need to attract new businesses. We shouldn't turn away new businesses if they don't want to locate downtown because it is not suitable. ACTION: Tabled Until Next Meeting. (Page 6 of 10) II Dox:1,17 Attachment E Planning Commission Meeting - February 21, 1995 TESTIMONY: Richard Shannon, 5200 San Benito Road, Atascadero, one of t owners of the Hawkins Plaza, referred to the staff report of 91 which supported the former CR zoning of this property. He al indicated that, at the time the project was approved, there was; n mention from anyone that the City was considering changing the operty to CN zoning. The General Plan update came in 1992, bu he received no legal notice of any type that this was being chang The developers of this project went out and secured loans and sp t over one million dollars to develop this center under the CR zoni , which has about 51 allowed uses. The CN zoning has 11 allowed u s, but only 4 of those are really practical for this site. The dev opers have tried to live with this zone change over the last 1-1/ years trying to rent out space under severely -restricted use con raints. They have done a tremendous amount of marketing, lowered rices and everything they can do to try and fill the center. He iterated that this center was built as a retail center, not a nei orhood center. This change has placed an unfair burden on the ow rs of this property and they are asking for the City to help resol the problem in whatever way works. Mr. Shannon pointed out that Bordo (which borders this property) has just been upgraded to c lector status, several of the votes tonight have returned proper to previous zoning. He asked that this property follow this tren in trying to fix wrongs done previously. He also expressed that ere are a lot of inconsistencies in the General Pian and his z I ing request should not be denied because of a couple sentences tha were previously put in the Plan without taking into consideration at the City had just granted these owners. These sentences were a ed in error and not by conscious intent. The developers also ked that they be refunded the $1,900 that it cost to bring this iss before the Planning Commission and the City Council. They feel th have suffered enough. The developer asked that if the CN zone use are to be changed, that the list he previously submitted be consid ed. ACTION None. The request for consideration of General Plan Amendment and Zone Change was continued by consensus and staff was directed to expedite the modification of the CN zone text to expand the allowed uses for the Commission's consideration. 5. GENERAL PLAN AMENDMENT #94006: Adoption of an Economic Development Element as part of the City's General Plan. STAFF RECOMMENDATION: (DeCamp) Staff recommends the following Commission actions: • (Page 9 of 12) 0 it C9vls ii f Planning Commission Meeting - February 21, 1995 1. Find the draft Negative Declaration prepared for the project to be adequate. 2 . Recommend that the City Council adopt the draft Economic Development Element. TESTIMONY: Rush Kolmeine, P. O. Box 1990, Atascadero, expressed that the staff has been less than candid in indicating how many people have actually seen the redrafted Element. It was his understanding that people would, at the very least, be notified when this draft made its appearance. As we hear now, that has not happened. Ideally, one would assume the staff would consult with those who have found problems to find-Mays to resolve these things. However, that kind of cooperation with the public has also not characterized the staff's approach to following the Commission's instructions. In the brief time he has been able to read a borrowed copy, it is clear that many of the instructions given by the Commission to the staff with regard to what the Commissioners wanted -changed in the Palmer.Koert Report have not been changed. Language here and there has been changed, but minus more important elements. In some of these things, the spirit has been totally ignored. These things should have the review of people with more experience in the world of business and commerce than bureaucrats here in the City Hall. He concurred with Commissioner Bowen's comments about getting it right the first time rather than having to bring it back again as has happened in three other cases heard tonight. He encouraged the Commission to call for more extensive comment from the business community and the public. Micki Ready, representing the Chamber of Commerce, had °a copy of the proposed Element (she had received it the morning of the meeting) . Staff did deal with some of their concerns. She indicated that the Chamber was concerned about the wording as to "no more commercial until current vacancies are filled. " She presented a letter to the Commission from Jay DeCou, President of the Atascadero Chamber of Commerce. The Chamber was also concerned about the need to address the implementation of the plan. She asked for more time to review the draft document prior to recommendation of adoption to the City Council. She did feel that staff has been doing a pretty good job with the information they have. ACTION: A motion was made to find the draft Negative Declaration prepared for the project to be adequate. Motion: Messer Second: Miller (Page 10 of 12) 000;U9 Planning Commission Meeting - February 21, 1995 • AYES: Messer, Miller, Bonnema, Bowen, Wallace, Johnson NOES: Edwards ABSENT: None A motion was made to recommend that the City Council adopt the draft Economic Development Element. Motion: Messer Second: Miller DISCUSSION ON THE MOTION: Commissioner Edwards reminded the Commission that there are other parties integral to this community, including the Chamber of Commerce, and others regarding tourism who are present tonight that do not recommend this motion-at--this-time. - AYES: Messer, Miller, Bonnema, Wallace NOES: Bowen, Edwards, Johnson ABSENT: None (Page 11 of 12) O000:_{T Attachment F SUMMARY REPORT OF THE ECONOMIC ROUNDTABLE TO: CITY COUNCIL OF THE CITY OF ATASCADERO RE: SUGGESTED CHANGES TO THE ECONOMIC DEVELOPMENT ELEMENT PROPOSED BY THE PALMER KOERT REPORT Honorable Mayor and Members of the City Council: The Economic Roundtable at a previous meeting had an opportunity to review the proposed Palmer Koert Report addressing a proposed economic development element for the Atascadero General Plan. meeting are summarized herein. B The comments gleaned from that m g Y way of introduction there is intentionally no direct criticism or argument with the various proposed goals set forth in the report. We acknowledge that these goals will be subjected to rather lengthy discussion as a result of public hearing, and it is not my intent to produce a chilling effect by this report on such a discussion. The primary concern of the Economic Roundtable in reviewing the eleven pages constituting the "Economic Development Element" addresses the manner in which the proposals are phrased. This might seem at first blush to be a 00002-1 adequate tax revenue for public services. Towards that end, the City hereby q establishes the following goals that are deemed essential to the maintenance of the local economy:" Secondly, paragraph B presently reading "actions the City can take to promote economic development goals" appears to be a statement most inappropriate for general plan element. We suggest it be replaced with wording such as "Municipal policies to promote and sustain economic development". Rather than adopt the resent language of the last paragraph of section B, that P paragraph should state "The following policies are hereby adopted by the City Council of Atascadero aspart of the economic development element of the general plan to improve the local economy. What the City expressly endorses should be set forth without equivocation and if there is discomfort with,the commitment to a particular policy, it should be discussed and refined until appropriate language is agreed upon as opposed to retreating to "weasel words" that totally confuse the issue as to what policy really emerged as the result of the adoption of the Economic Element. A review of the Land Use; Circulation and Housing Elements of our General Plan shows that the policy of the City in those areas is set forth clearly • 3 OOOU2:L Attachment G R. S. Kolemaine /P.O.Box 1990 Atascadero i CA 93423-1990 Phone/FAX Oil(805)4 12 ra a City Council, City of Atasacadero F[FIDEG I Z{ 1 6500 Palma Atascadero CA 93422 CITY OF ATASCADERO 08 December 94 CITY CLERK'S OFFICE SUBJ:Economic Development Element(EDE)/Palmer Koert Report(31 Oct 94) Gentlemen: As a follow-up to my memorandum addressed to the Economic Round Table dtd 16 Nov 94 regarding the above, I am here submitting for Council and Planning Commission consideration a summary of recommended changes drafted by my- self. This memorandum incorporates 27 specific suggested language changes in the draft Economic Development Element itself that I feel would help to improve that document and better meet the needs of the City in this area.These changes include those which, in my professional opinion,would answer the three recommendations previously submitted to the IRT and the Council.. The additional recommendations covering the EDE include a number that might be considered minor, or technical editing changes. In this document, all wording changes appear in Bold Face type, deletions are not indicated here. Instructions and notes appear in italic typeface. In general, I would like to applaud the efforts of the City Council and its individual members to meet the city's need for this additional element in our General Plan. While there are some substantive issues that will need to be resolved before this is adopted by the City Council,I am heartened to observe progress of any kind in the development of this badly-needed document. • Your personal questions and/or comments to me personally will be welcome. RgRecoffl � � S.Kolemaine t' f ENCL cc: Economic Round Table Atascadero Chamber of Commerce Atascadero Planning Commission Concerned citizens. 0nl)<<,�•� City of Atascadero/Palmer Koert Report (October 31, 1994) ECONOMIC DEVELOPMENT ELEMENT r5 BE © 15 ::U]MMR 0r--1,1*-- EGO Page# sea -rede/Change 1. A. (Listed Goals): Goals listed should be designated by letter identifier,viz. (x)for simplified future identification. 1. AL Goal(c)Full text should read:- "Support for the development of industrial areas that lead to the recruitment or development of business that will provide the community with a base of moderate and high-salary career-oriented jobs. These businesses may include, but not be limited to,furniture, cabinet, wood product manufac- turing, publishing and printing, small scale high-tech and emerging technology and other companies as well as professional(particularly medical)services businesses. 2. B. (Par.2,first line)should read.• "Atascadero will take action to protect it's economic base and to..." 2. B(l) Full text should read- (a)Duties This organization shall replace the current Economic Round Table,and shall be legally organized as a redevelopment organization with all powers appropriate thereto,including but not limited to the power to exercise the City's powers of eminent domain and issuance,of development and redevelopment bonds,as determined necessary by the City Council. Commissioners or directors will be appointed by the City Council and will meet monthly to deliberate progress in meeting economic development goals and to formulate strategies,or necessary modifications or updates,and to direct staff activities.This organization shall be responsible for an annual report summarizing the state of the local economy. (b)Staff This organization shall be staffed by an economic development professional or executive director knowledgeable of the City of Atascadero and economic development activities. 2. B(2)(a) DEVELOPMENT OF A,PRO-BUSINESS COMMUNITY The following text in this sub-section should be listed as a new sub-section B(l)(c) following above. "This organization will be responsible for maintaining and publishing information for businesses (especially new businesses or start-ups)on accessible local resources to support their success,and for maintaining data on commercial activities useful for economic development purposes." 2. B(2)(a) Re-orientation of the business license Office. Text should read in full-- The business license office is the one arm of the City that has annual interaction with all businesses in the community and especially new businesses.The office should be re-focussed to obtain data required for use by the economic development agency and interact with businesses in a positive customer friendly manner. 3. B(3) Title should read. "ADOPTION OF DEVELOPMENT DISTRICTS TO PROMOTE COI QW—RCIAL AND INDUSTRIAL AREAS" 4. C. Introductory paragraph should read in full: The City of Atascadero will promote specific economic development projects that should have an immediate benefit to the City as sales tax generators.These projects,when approved by the City Council,shall have the highest economic development priority and support.The City may take the following actions to promote the development of these projects." (Continued) 00002-4 SUMMARY OF RECOMMENDED CHANGES 13 Dec 94 Page Two Page# sect 'Rde/Cha"ge 4. C(1) SITE SELECTION Text in full should read. "The City should identify sites for those projects the community feels best suited to their development. Within the context of available resources,and in partnership with property owners,qualified developers and builders,the City shall support the preparation of proposed sites for immediate development for the purposes specified by providing as much assistance as fiscally possible for drafting site plans,Preparing environmental studies,expediting necessary infrastructure improvements and needed utilities,and recruiting supplier businesses and supportive services." 4. C(2) RECRUITMENT,first line,should read. "The City's economic development organization and staff shall..." 4. D OVERALL SUPPORT FOR RETAIL AND SERVICE COMMERCIAL BUSINESSES first line, should read.• "The City shall..." 5. D(1) 1.RECRUITMENT,first line,should read: "The City's economic development organization and staff shall..." 5. D(1)(b) Independent Retailers Full text should read-- This ead:This recruitment effort should target successful regional independent retailers that might be interested in locating a second or additional store in Atascadero.The recruitment effort should be able to assist in obtaining grants,start-up loans,rental write-downs or other incentives to targeted businesses." 5. D(2) PREPARE A RETAIL AND SERVICE COMMERCIAL DIRECTORY MAP OF ATASCADERO Omit entirely from General Plan Element. This a free enterprise project currently being undertaken by the Atascadero Chamber of Commerce. 5. D(4) DISCOURAGE DEVELOPMENT OF ADDITIONAL RETAIL ACREAGE should be re-titled to read.• "ENCOURAGE IN-FILL OF EXISTING RETAIL ACREAGE" 5. D(4) Full text should read. "Within the boundaries of approved commercial zones,the City shall encourage in-fill,redevel- opment, and recruitment of new stores to fill vacancies and to form clusters of synergistic retail businesses." 6. E(3) SUPPORT THE DEVELOPMENT OF THE CARLETON HOTEL should be re-titled to read. "SUPPORT THE DEVELOPMENT OF THE CARLTON SQUARE' 6. E(3) Full text should read.• "Continue to provide support for the development of the Carlton Square for use as a restaurant,specialty retail stores,art galleries,and second floor residential occupancy." 7. F. SUPPORT THE DEVELOPMENT OF AN BUSINESS/PROFESSIONAL-PARK title should read. "SUPPORT THE DEVELOPMENT OF BUSINESS/PROFESSIONAL INDUSTRIAL PARKS" 7. F. Full text should read.• "The City shall actively support the development of all industrially-zoned land in the city,including a modern business/industrial park,emphasizing the recruitment of high tech and emerging tech businesses.Efforts should be made to act in partnership with Cal Poly research programs and Cuesta College and similar training programs to promote the development of commercial applications of basic research as businesses in this park Other available industrially-zoned land shall be supported for the development of light manufacturing,warehousing,transportation-related and business incubator Qses.lt (Continued) 000'115 SUMMARY OF RECOMMENDED CHANGES 13 Dec 94 Page Three PaC e# Sect 'rme/Change 7. F(1) REMOVE RETAIL USES AS ALLOWABLE USES IN THE INDUSTRIAL PARK ZONE This presents a major City economic policy quandary: a Should the remaining unsuccessful 22-acre "Industrial Park"be developed as such with retail uses removed?or, (b)should an industrial park be designated at another suitable location(such as a portion of the Rochelle property,properties adjoining the SPRR line further south,or elsewhere) without retail uses,and the existing 22 acres be re zoned as a viable major commercial development. ?or (c)should this question be better referred to the recommended economic development agency for professional determination? 8. [Map] Map(s), if included should depict boundaries of all identifiable industrial zones 8. F(2)(c) Full text should read "Negotiate an option price with the respective owners of properties m areas zoned for in development.(This action would require the establishment of a redevelopment district-The City's economic development agency and a specifically formed redevelopment agency would then re-package land for sale to potential new industrial businesses and industrial developers.)" 9. F(5) CONSIDER DEVELOPING A HIGH TECH BUSINESS INCUBATOR FACILITY should be retitled to read.• ASSIST IN DEVELOPMENT OF A BUSMESS INCUBATOR FACILITY 9. F(5) Full text should read. "This project might be a joint effort with developers and Cal Poly University to promote university research-oriented commercial business applications. " 9. G(2) UTILITY TAX This sub-section should be deleted in full.As a substitute, the following title and text should be added.•: ,TRANSIENT OCCUPANCY TAX At this time,the City of Atascadero invests the lowest percentage of these revenues collected from overnight visitors for the promotion of further tourism business of any city in the county.In cooperation with the Chamber of Commerce,other local agencies and private sector beneficiaries of increased visitor revenue,a greater percentage,if not all,of these funds should be devoted exclusively to this purpose in order to generate both greater TOT revenues and concommitant sales and use tax revenues in the short term." Prepared by R. S.Kolemaine 05 Dec 94 000 126 Attachment H Councilman Johnson ' s comments : 3/21/95 Recommended Changes to The Economic Development Element of the General Plan City of Atascadero Page X-1, Para. A3 add: "wholesale business" to the mix of businesses. Page X-1, Para. A4 add: "Sustain the established furniture, cabinet, wood product manufacturing, publishing and printing industries." Page X-2, Para. B1 add/change: (a) "When staffing available. establish a local economic development commission or corporation." (b) Duties "When formed this organization......" (c) Staff..... Page X3, Para B2, line 3-8 change to: "This office shall provide businesses with information on local and regional resources businesses can access to support their success, and provide other business data that is useful for economic development purposes.......(etc) Page X4, line 9-10 change: "proposed county-wide economic development corporation" to "the county's Economic Vitality Corporation." Page X4, Para C change to read: "The City of Atascadero will promote two sped economic development projects that should have immediate benefit to the City as sales tax generators. Projects such as the recruitment of a discount department store and a'north county auto mall should have high priority and support. The city may take the following actions....." Page X4, Para. C 1 change to: "The City should identify sites for those projects...." "The city shall work with prospective discount department store developers to find a suitable site in the city that will have a high degree of probable success. Along with the factory direct shopping center, a discount department store would act as an interceptor of both north and south bound county residents, potentially importing retail sales dollars into the community." "Within the context......(as written) 0000",1 Attachment I DRAFT RESOLUTION NO. 15-95 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT OF THE GENERAL PLAN BY ADOPTION OF AN ECONOMIC DEVELOPMENT ELEMENT (GPA 94-006; City of Atascadero) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan Land Use Element, which wa's adopted in 1992 to guide the City' s general growth would benefit from the addition of an Economic Development Element; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on February 21, 1995; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows : 1 . The proposed General Plan Economic Development Element recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2 . The adoption of the proposed General Plan Economic Development Element will not have a significant adverse affect on the environment . The Negative Declaration prepared for the project is adequate. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment 94-006 as follows : 1 . Amendment to the General Plan text by adoption of an Economic Development Element as shown in the attached Exhibit A. 00043:8 Resolution No. 15-95 Page 2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES : NOES : ABSENT: ADOPTED: CITY OF ATASCADERO, CA 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 0000~9 EXHIBIT A CITY OF ATASCADERO GENERAL PLAN 4m FOUNDED 1919 197$ DRAFT ECONOMIC, DEVELOPMENT ELEMENT APPROVED BY PLANNING COMMISSION FEBRUARY 21, 1995 000030 I ECONOMIC DEVELOPMENT ELEMENT TABLE OF CONTENTS PAGE A. BASIC COMMUNITY GOALS X-1 B. ACTIONS THE CITY CAN TAKE TO PROMOTE ECONOMIC DEVELOPMENT GOALS X-1 C. PROMOTION OF SPECIFIC ECONOMIC DEVELOPMENT PROJECTS X-4 D. OVERALL SUPPORT FOR RETAIL AND SERVICE COMMERCIAL BUSINESSES X-4 E . DOWNTOWN CORE AREA X-6 F. SUPPORT THE DEVELOPMENT OF AN BUSINESS/ PROFESSIONAL PARK X-7 G. FINANCIAL RESOURCES AVAILABLE FOR IMPLEMENTATION OF THE ECONOMIC DEVELOPMENT ELEMENT X-8 TECHNICAL APPENDICES BUSINESS CLIMATE ASSESSMENT MARKET ANALYSIS OF RETAIL, r TOURISM AND INDUSTRIAL BUSINESS OPPORTUNITIES PROMOTION OF ENTREPRENEURSHIP, BUSINESS DEVELOPMENT, AND JOB GROWTH 000031 1 2 0 DRAFT 4 5 6 7 X. ECONOMIC DEVELOPMENT ELEMENT 8 9 A. BASIC COMMUNITY GOALS 10 11 Atascadero should shall act to promote the economic health and 12 vitality of it' s businesses to insure the creation; of jobs, the 13 promotion of entrepreneurial efforts, and to generate adequate 14 tax revenue for public services . Toward this end the following 15 goals, though not prioritized, are basic to the maintenance of 16 the overall quality of the local economy: 17 18 1 . Protection and promotion of the overall commercial service 19 and retail business sectors of the local economy to promote 20 local patronage, strong performance in satisfying local 21 demand for goods and services, and the creation of entry 22 level jobs, 23 24 2 . Promotion of the downtown core area to preserve it' s 25 historic function as the City' s commercial center, to 26 improve the community' s entertainment and recreation 27 attractions, and to promote tourism and the traveler Windustry as a growth industry in the community, 30 3. Recruitment of new commercial services and retail business 31 enterprises which will broaden the City' s economic base, 32 improve the local availability of goods and services, and 33 improve the economic viability of existing businesses. 34 35 4 . Support for the development of industrial areas that lead to 36 the recruitment or development of high technology, emerging 37 technology, and professional service businesses that will 38 provide the community with a base of moderate and high 39 salary career-oriented jobs . 40 41 5. To provide the resources from business activity and 42 increasing tax revenues to support the community' s high 43 level of environmental, social, and educational quality. 44 45 B. ACTIONS THE CITY CAN TAKE TO PROMOTE ECONOMIC DEVELOPMENT 46 GOALS 47 48 During most of the twentieth century communities and their 49 political leadership have taken a laissez-faire attitude toward 50 business development within their communities . The attitude has 51 been that cities would provide basic public services and that X-1 0001, 3,, 1 businesses would operate independently within the framework of 2 these services to provide necessary goods and services to local 3 residents . While this basic policy paradigm has worked well 4 during most of the century, changes in the national and 5 international economy have made it necessary for communities to 6 develop a more pro-active attitude in support of existing 7 businesses, entrepreneurs, and local industry. 8 9 The development in this century of modern transportation and 10 communication technologies have changed the way goods and 11 services are manufactured, distributed and purchased. The 12 continued rapid development of these technologies and increasing 13 competition between communities regionally, nationally and even 14 internationally no longer guarantees that individual communities 15 can maintain their economic position without significant effort 16 and attention to the business community. In large part, because 17 of state-wide tax policies, communities that lose their economic 18 base as a result of the competition for -retail sales, commercial 19 services, and as sites for industry will be penalized. The 20 penalty will be shortage of revenue for necessary public 21 services, the possibility of high local unemployment, vacancies 22 in commercial and industrial buildings, and a general reduction 23 in the quality of life. 24 25 r.........._..;t; es f Atascadero shall take action to protect their its 26 economic base and to strengthen it in order to avoid the negative 27 effects described above. The following actions are proposed as 28 ways the City can affect the overall improvement of the local 29 economy: 30 31 1 . DEVELOPMENT OF A LOCAL ECONOMIC DEVELOPMENT COMMISSION OR 32 CORPORATION. 33 34 (a) Duties 35 36 This organization would will replace the current Economic 37 Round Table . The Commissioners or directors would will meet 38 monthly to discuss progress in meeting economic development 39 goals, formulate economic development strategies, and to 40 direct staff activities . This organization would will also 41 be responsible for an periodic reports to the City 42 Council summarizing the state of the local economy. 43 44 (b) Staff 45 46 The organization woul- should be staffed by an economic 47 development professional or executive director. 48 49 2 . DEVELOPMENT OF A PRO-BUSINESS COMMUNITY IMAGE 50 51 (a) Re-orientation of the business license office 52 X-2 000033 1 The business license office is the one arm of the city that 2 has annual interaction with all businesses in the community and especially with new businesses . The office should be 4 refocused for the following services, providing information 5 to businesses (especially new businesses or start-ups) on 6 local resources businesses can access to support their 7 success, maintaining data on businesses that is useful for 8 economic development purposes, and interacting with 9 businesses in a positive customer friendly manner. 10 11 (b) Development of a customer friendly attitude by all 12 departments of the city. 13 14 In differing degrees, other department staffs of the city 15 interact with businesses and community residents . All 16 department staffs should emphasize a customer friendly 17 attitude . A priority should be placed on assisting 18 businesses and business development as problem solvers, 19 rather than regulators. 20 21 3 . ADOPTION OF A REDEVELOPMENT AGENCY DIST IeT 10 PROMOTE THE-- 22 DOWNTOWN AN —FNDUSTRaAL PARK AREA 23 24 (a) Purpose 25 26 The creation of a redevelopment agency a__y_-_t_ is a 27 powerful economic development tool that the City can use. 00' t-The downtown areas—(th� at—m-: r'���he_ messed —gin will need long-term community support to become economically successful. The 31 redevelopment mechanism is one way the City can promote 32 their economic success and to obtain funding for economic 33 development programs . 34 35 4. SUPPORT AND PROMOTION OF THE CITY' S INDUSTRIA, AREAS 36 37 (a) Purpose 38 39 Development of the City' s industrial areas will benefit from 40 active promotion. Industries to be attracted should include 41 those that will improve the City' s economic base and support 42 and/or augment existing businesses. Promotion of industrial 43 areas can be accomplished by the Economic Development 44 Commission. A Redevelopment Agency can acquire and assemble 45 land, and provide beneficial infrastructure improvements to 46 enhance the marketability of the land. 47 48 45 . SUPPORT AND PARTNERSHIP WITH OTHER CITY ECONOMIC AND 49 BUSINESS ORGANIZATIONS 50 51 (a) Team Formation 52 X-3 000,134 1 The City' s economic development program will be most 2 successful when it operates as a team effort and is 3 inclusive of City staff, the Chamber of Commerce, the 4 Business Improvement Association and other organizations 5 interested in assisting the community' s businesses . The 6 economic development organization should also form close 7 ties with County-wide organizations such as the Private 8 Industry Council, the San Luis Obispo Visitor and Convention 9 Bureau and the proposed county-wide economic development 10 corporation. 11 12 C. PROMOTION OF SPECIFIC ECONOMIC DEVELOPMENT PROJECTS 13 14 The City of Atascadero ean will promote two specific economic 15 development projects that w4-11 should have immediate benefit to 16 the City as sales tax generators . These projects should have t-he 17 highest. high economic development priority and support . They are 18 the development of a north county auto mall and the recruitment 19 of a discount department store. The City ean may take the 20 following actions to promote the development of these projects . 21 22 1 . SITE SELECTION 23 24 The City should identify sites for these projects that the 25 community feels are best suited to their development . 26 Development of a discount department store would have the 27 highest potential performance if it was located near the 28 recently opened factory direct shopping center. Along with 29 the shopping center, it would act as an interceptor of both 30 north and south bound county residents, potential importing 31 retail sales dollars into the community. 32 33 Within the context of available resources and in partnership 34 with owners, qualified developers and builders the City 35 should support the preparation of proposed sites for 36 immediate development for the purposes specified by 37 providing as much assistance as fiscally possible for 38 drafting site plans, preparing environmental studies, and 39 constructing needed utilities . 40 41 2 . RECRUITMENT 42 43 The City' s economic development organization and staff 44 sheer shall formulate targeted recruitment strategies for 45 those projects using the marketing information in the 46 technical reports attached to this element as well as other 47 directories and resources . The recruitment strategy should 48 include financing assistance . 49 50 D . OVERALL SUPPORT FOR RETAIL AND SERVICE COMMERCIAL BUSINESSES 51 52 The City sht)u-1 shall participate in -a programs to promote the X-4 . OOE)��35 1 overall health and performance of the retail and service business sectors of the local economy. 3 4 1 . RECRUITMENT 5 6 The economic development organization Should shall prepare a 7 marketing and recruitment plan that targets businesses that 8 offer goods where demand is not satisfied locally. 9 10 (a) Chain Store Retailers 11 12 The recruitment effort should make use of retail chain store 13 directories to target those chain stores that `' fit best with 14 available site locations and market demand for specific 15 goods . 16 17 (b) Independent Retailers 18 19 This recruitment effort should target successful regional 20 independent retailers that might be interested in locating a 21 second or additional store in Atascadero. Independent 22 retailers will often need -financial incentives to relocate. 23 The recruitment effort should be able to provide low 24 interest start-up loans or rental write-downs or other 25 incentives to targeted businesses . 26 27 2 . PREPARE A RETAIL, AND SERVICE COMMERCIAL, AND OFFICE SPACE 08 DIREeTORY M-AP INVENTORY OF ATASCADERO 9 30 The eeneept of this fnap is that it would be similar to store 31 d i re ete r- es feidnd 4--n large shopping fnalls . A way—&f 32 ''tom-ut4:ng it to all At rseadere-zhousehelds should be 33 developed for maximidfn effeetiveness . This might be a good 34 projeet for the ehamber of 6emmeree. 35 This inventory would be a valuable planning tool for the 36 Economic Development Commission, Redevelopment Agency, and 37 other City departments. Such an inventory can also be made 38 available for distribution as part of a marketing or 39 promotion program. 40 41 3 . UPDATE THE RETAIL, SERVICE COMMERCIAL, AND OFFICE SPACE 42 INVENTORY ANNUALLY 43 44 This inventory can be used both as a business development 45 tool and a measure of the business activity. 46 47 4 . T1TC�/'�/ITTT) GE ENCOURAGE IN-FILL DEVELOPMENTADDITIONAL OF 48 RETAIL ACREAGE 49 50 There is a misconception that the development, of additional 51 acreage for commercial space will improve the retail and 52 service commercial performance of the community. In fact is X-5 000) ;6 1 often the opposite is true. As the amount e 2 eomplemay of ehoiee—beeomesee large, the 3 eansumer is more likely to ehoose to shop at a diseount 4 department store that earries all the produets the eonsumer 5 needs or wants . Atascadero' s development pattern has 6 already created a situation where locating all of the 7 available stores and then traveling to them is inconvenient. 8 Extending these commercial district boundaries by allowing 9 additional development will only exacerbate this problem. 10 Future eCommercial development should eeeur be encouraged 11 within a commercial growth boundary that would only includes 12 the current boundaries of commercial development north and 13 south along EL Camino Real and west along Morro Road. 14 15 Within this boundary the community should encourage in-fill, 16 redevelopment, and recruitment of new stores to fill 17 vacancies and to form clusters of synergistic stores . This 18 poliey should be mainta4:ned until the retail vaeaney rate 19 Exceptions may be allowed for the 20 auto-mall and discount department stores, but only after 21 site options that are within the established commercial 22 zoned areas have been exhausted. Additional small lot, 23 strip commercial development, however, should not be 24 permitted. 25 26 E . DOWNTOWN CORE AREA 27 28 The revitalization of the downtown core area is vital to 29 development of a healthy tourism industry in the community and is 30 a way of preserving the historic social, cultural, and commercial 31 core of the City . 32 33 1 . RE-AFFIRM A VISION STATEMENT FOR THE DOWNTOWN CORE AREA 34 35 Invite the BIA, downtown businesses, property owners, and 36 the Chamber of Commerce to assist in affirming a vision 37 statement for the downtown core that emphasizes the 38 development of specialty retail, restaurants, and tourist 39 attractions as part of any overall plan to recreate the 40 downtown as an entertainment center. 41 42 2 . DEVELOP TOURIST ATTRACTIONS IN OR NEAR THE DOWNTOWN CORE 43 AREA 44 45 Develop a plan to finance and operate the Atascadero 46 Recreation Center and Stadium Park Amphitheater projects to 47 utilize these facilities as tourist attraction. Consider 48 leasing both facilities to for profit business operators . 49 50 3 . SUPPORT THE REDEVELOPMENT OF THE CARLTON HOTEL 51 52 Continue to provide support for the redevelopment of the X-6 00003'7 1 Carlton Hotel for use as a restaurant, specialty retail �2 stores, art galleries, e-ftd second floor residential 3 occupancy, and/or another appropriate mix of uses. 4 5 4 . USE CENTRALIZED RETAIL MANAGEMENT AS A TOOL TO REVITALIZE 6 THE DOWNTOWN CORE AREA. 7 8 Consider using the BIA, a future Redevelopment Agency, or a 9 future economic development commission or corporation to use 10 centralized retail management techniques to market, 11 merchandise, and manage downtown business development . 12 Support the downtown plan by developing an aggressive 13 recruitment program to induce new businesses to locate 14 downtown. 15 16 5 . CREATE A REVOLVING LOAN FUND TO ASSIST BUSINESS DEVELOPMENT 17 IN THE CORE AREA. 18 19 Use a revolving loan fund (possibly capitalized with CDBG 20 funds) to provide low-interest loans and first year rental 21 discounts as incentives for targeted retail or service 22 businesses . 23 24 F. _SUPPORT THE DEVELOPMENT OF AN BUSINESS/PROFESSIONAL PARK 25 26 The City should shall actively support the development of all the 27 industrial park designated acreage along north El Camino Real for 8 a modern business/professional park. This development should 9 emphasize the recruitment of high tech and emerging tech 30 businesses . Efforts should be made to act in partnership with 31 Cal Poly research programs to promote the development of 32 commercial applications of basic research as businesses in this 33 park. 34 35 1 . REMOVE RETAIL USES AS ALLOWABLE USES IN THE 36 INDUSTRIAL PARK ZONE 37 38 Allowing retail sales as a principal use in industrial zones 39 decreases the already limited amount of space available for 40 base or industrial uses. The _Zoning Ordinance shall be 41 amended to provide for permitted uses which are consistent 42 with the purpose of these zones as defined in the Land Use 43 Element. Retail sales which are incidental or subordinate 44 to industrial or manufacturing uses may, however, be 45 allowed. 46 47 2 . TAKE STEPS TO PREPARE THE AREA FOR EXPEDITED DEVELOPMENT 48 49 (a) Site Plan 50 51 Work in partnership with a developer to create a conceptual 52 site plan for the industrial park. X-7 000038 1 (b) Utilities and Environmental Studies 2 3 Construct necessary sewer lines to serve the area and 4 prepare the necessary environmental studies to address 5 significant environmental impacts, so that individual 6 projects can receive quick approval under a negative 7 declaration determination. 8 9 (c) Negotiate Purchase Agreement Options . 10 11 Negotiate an option price with the respective owners of the 12 properties in the area zoned for industrial park 13 development . (This action would require the establishment 14 of a redevelopment district and agency. The Agency would 15 then re-package land for sale to potential new industrial 16 businesses and industrial developers) 17 18 4 . DEVELOP AN AGGRESSIVE RECRUITMENT PLAN 19 20 Prepare an aggressive recruitment plan for targeting 21 industries listed in the market analysis . The marketing plan 22 should emphasize rapid land use and building permit 23 processing and specific quality of life aspects of the 24 Atascadero area that will resonate with individual corporate 25 managers and CEOs . 26 27 5 . eg},DE17 DEVELePi.T.. SUPPORT DEVELOPMENT OF A HIGH TECH/ 28 BUSINESS INCUBATOR FACILITY 29 30 Explore the idea of ereating Support the creation of a 31 business incubator facility within the industrial park. This 32 project might be a joint effort with developers and Cal Poly 33 University to promote university research-oriented 34 commercial business applications . 35 36 G. FINANCIAL RESOURCES AVAILABLE FOR IMPLEMENTATION OF THE 37 ECONOMIC DEVELOPMENT PLAN 38 39 Implementing the economic development plan will require a strong 40 effort and cooperation between staff, community organizations 41 such as the Chamber of Commerce, BIA, local developers and 42 property owners . However, the hiring of new staff, development of 43 public improvement projects, and other programs proposed by this 44 element will require a financial commitment by the City for 45 success . The following resources are available for financing the 46 programs , in this element . 47 48 1 . REDEVELOPMENT FUNDS 49 50 The adoption of a redevelopment district allows the City (as 51 the redevelopment agency) to receive tax increment funds . 52 This income stream can, in turn, be utilized to finance X-8 0000:39 1 bonds or re-pay loans from banks and other independent financial sources . 4 2 . UTILITY TAX 5 6 A utility tax with a five year sunset could be utilized to 7 pay the initial costs of salaries and benefits for the 8 economic development (and redevelopment) staff, to finance 9 the redevelopment plan, and to finance business recruitment 10 and marketing programs . After five years redevelopment 11 income would provide an ongoing budget for economic 12 development . 13 14 3 . CDBG FUNDS 15 16 CDBG funds can be utilized for revolving loan programs and 17 other types of loans to businesses where the requirement for 18 employment or retention of employees that are moderate or 19 low income persons is met . 20 21 4 . RURAL ECONOMIC DEVELOPMENT INFRASTRUCTURE PROGRAM (REDIP) 22 FUNDS 23 24 The Department of Trade and Commerce has recently 25 re-initiated this program with a capitalization of $9 .3 26 million to fund loans to redevelopment agencies and 27 enterprise zone districts for economic development projects . 88 Interest rates for these loans are expected to be at 6e . 9 30 5 . MARKS - ROOS BONDS 31 32 The Marks-Roos bond mechanism is a new tool (1986) that 33 allows two public agencies, i .e. , a city and a redevelopment 34 agency to create a third agency financing authority to use 35 bonds to finance both public improvements or direct 36 investment for commercial and industrial projects . Some 37 public agencies using this financing authority have received 38 an income from the process through the arbitrage of interest 39 rates . Examples of the use of this financing tool include 40 the City of Folsom which used this method to finance an auto 41 mall, and the City of Oroville which used this method to 42 finance a waste-water treatment plant expansion. 43 44 6 . INDUSTRIAL DEVELOPMENT BONDS 45 46 Industrial development bond financing can be utilized by 47 preparing a resolution by the City Council authorizing the 48 submittal of an application to the Industrial Development 49 Financing Advisory Commission. This then starts a complex 50 approval process for the bond sales, underwriting and 51 eventually funding. The result can be below market interest 52 rate loans for new industry or expansion of existing industry. X-9 000V."10 1 7 . AGENCY PARTICIPATION IN CASH FLOW 2 3 In the past, some redevelopment agencies have successfully 4 negotiated participation in commercial cash flow from retail 5 projects they have assisted finance. The City should pay 6 careful attention to the opportunity to share in cash flow 7 either through lease revenue or direct payment based on 8 gross revenue from projects that the City targets for 9 development and provides substantial support . X-10 000041 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-1 From: Henry Engen, Acting City Manager Meeting Date: 3/28/95 SUBJECT: Resolution No. 29-95 supporting construction of Alt¢rnate A (Modified) alignment of the Highway 41 bridge .given the failure of the Curbaril Bridge REQUEST: For adoption of the enclosed Resolution No. 29-95. BACKGROUND: At the Council's March 14th meeting,_ staff was directed to bring the attached resolution to the Council for consideration together with additional background information. DISCUSSION: The attached staff report from the San Luis Obispo Council of Governments was considered at their hearing on March 22nd at the Armory, together with the attached staff report from CalTrans. HE:cw Enc.: Resolution No. 29-95 a SLOCOG 3/22/95 Special Meeting agenda CalTrans report i I (1t�nn 12 Introduced by: Councilman Hal Carden City Council Meeting 3/28/95 RESOLUTION NO. 29-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, SUPPORTING THE CONSTRUCTION OF THE ALTERNATE "A" MODIFIED ALIGNMENT OF THE HIGHWAY 41 BRIDGE ACROSS THE SALINAS RIVER GIVEN THE FAILURE OF THE EXISTING (CURBARIL) BRIDGE WHEREAS, the second major rainfall and flooding disaster in 1995 in Atascadero and large portions of California occurred between March 9th and 13th of 1995; and WHEREAS, the severity of the flooding rendered the existing bridge crossing on Curbaril over the Salinas River inoperable; and WHEREAS, the current state of the bridge poses a health and safety danger by precluding ready emergency services to residents east of the Salinas River; and WHEREAS, the City Council of the City of Atascadero has through specific General Plan policies since the City's incorporation in 1979 supported the Alternative "A" Alignment of Highway 41 across the Salinas River to replace the 80 year old structure; and WHEREAS, this alternative alignment was formally endorsed by the City Council through adoption of Resolution 100-93 in 1993; and WHEREAS, this route alignment has also been supported by the San Luis Obispo Council of Governments and Atascadero Unified School District for providing a safer crossing solution for this state highway; and WHEREAS, the engineering work by Caltrans--in consultation with the Highway 41 Community Advisory Committee--is well along towards completion. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1 . The City Council of the City of Atascadero hereby requests that the San Luis Obispo Council of Governments request Caltrans to expedite the implementation of the Alternate "A" bridge and highway realignment project to replace the failed Curbaril bridge crossing. 000043 Resolution No. 29-95 Page Two SECTION 2. Should construction of the Alternate "A" Modified bridge not be scheduled in a timely manner, a Bailey bridge should be constructed at the Curbaril location or a fair weather crossing used in the interim. SECTION 3. The City Council does hereby direct the City Clerk to send a certified copy of this resolution to the California State Department of Transportation and the San Luis Obispo Council of Governments. On motion by Councilperson and seconded by Councilperson , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000044 ERO CITY MANAGER NOTE: LOCATION CHANGED FROM CITY HALL TO ARMOR , BASED ON PUBLIC DEMAND SAN LUIS OBISPO COUNCIL OF GOVERNMENTS WEDNESDAY, MARCH 22, 1995 ARMORY BUILDING 6105 OLMEDA AVENUE (AT TRAFFIC WAY), ATASCADERO 7:00 P.M. SPECIAL MEETING President: Chris Iversen Vice President: Laurence Laurent Individuals wishing accessibility accommodations at this meeting under the Americans with Disabilities, Act (ADA), may request such accommodations to aid hearing, visual, or mobility impairment by contacting SLOCOG offices at 781-4219. Please note; 48 hours advance notice will be necessary to honor your request. CALL TO ORDER AND ROLL CALL PUBLIC COMMENTS: Any member of the public may address the Council for a period not to exceed three minutes on any item of interest not on the agenda within the jurisdiction of the Council. The Council will listen to all communication, but in compliance with the Brown Act, will not take any action on items that are not on the agenda. A. TRANSPORTATION ITEMS A-1 Replacement of the Route 41 Bridge Over the Salinas River in the City of Atascadero (DISCUSS AND SELECTION OF OPTIONS): o "In-kind Replacement"; o Replacement on-site with geometric improvements (Option B); o New Alignment to Connect with Route 411101 Interchange (Option A). B. DELEGATE COMMENTS Next meeting: April 5, 1995 SUE\AGENDAS\APR95.AGE SAN LUIS OBISPO COUNCI L OF. GOVERNMENTS STAFF REPORT ;;MEETING DATE. March 22, 1995 SUBJECT Rt.41::Salinas River:Bri.dge;Replacement SUMMARY The Route 41 Salinas River Bridge, damaged beyond repair during the recent storms, will be replaced with a new bridge at one of two locations. * The bridge may be replaced north of the current location and eventually connected with EI Camino Real over a realignment along Mercedes Avenue (known as Alternative A- Modified). * The bridge may be replaced on - or adjacent to - the current alignment (the option is known as "Alternative B"). These locations have been described and evaluated by Caltrans in their environmental analysis for this project. The attached discussion describing the alternatives"A-modified"and"B"is based • upon excerpts from these documents. Caltrans staff are preparing a brief report regarding the options for replacement of the bridge structure. This report will be forwarded to delegates as soon as it is available. RECOMMENDATION Staff: Review Caltrans input regarding options. Receive public testimony.' Provide recommendation to Caltrans and the CTC regarding the SLOCOG prefered option. DISCUSSION See attachments 000046 PROJECT ALTERNATIVES - excerpts from project EIR Ten alternative projects were evaluated. In each alternative, the design of the highway and bridge allows for 8-foot shoulders. These shoulders would accommodate on-street parking, although such parking could be prohibited by local ordinance. With such prohibition the shoulders would accommodate pedestrians and bicyclists along the new route. A description of each alternative follows. Alternative A Modified (tile preferred alternative) Alternative A-Modified was selected as the preferred alternative after considering public input from the three Public Hearings, and the Informational Meeting, the concerns of the city and county staffs and local residents, and the recommendations from the City of Amscadero and the San Luis Obispo Area Coordinating Council. Alternative A-Modified will remove several oak trees. However, it saves 155 trees-in the City of Atascadero (including over 100 oak trees) that would have been taken with Alternative A. The Alternative A alignment has been included in the Atascadero General Plan since incorporation in 1979, and development has been planned around the alignment. On July 14, 1992, the City Council of Atascadero voted to accept the recommendations made by DKS Associates, the circulation element consultants for the City. In a July 7, 1992 letter to Arascadero, DKS stated ' . . . the realignment of Highway 41 (Alternative A or A-Modified) provides the best long-term engineering solution for traffic circulation for Arascadero. Alternative A Modified reduces the amount of cut and fill by using steeper slopes and adjusting the horizontal and vertical alignments using a lower design speed of 45-50 mph alignment in the urban area (a S5 mph alignment is used in the original layout of Alternative A) and a 60-65 mph alignment in the rural area. The results of this'modified design are: 1. Reduction in the number of trees to be removed in the City of Atascadero from 420 to 265 resulting in less visual, biological and physical impact in those areas affected. 2. Fill and cut slopes will be steepened to 1 and 1/2:1 (for each vertical foot of cut or fill the • horizontal distance will be one and one-half feet). This will reduce the amount of cut and fill and result in a narrower strip of land that would be disturbed by construction. The Alternative A or A-Modified proposal would improve Route 41 in the City of Arascadero and the County of San Luis Obispo between about 0.1 mile west of Route 101 and 12 mile east of the Salinas River Bridge (existing Post Mile 15.8 to 19.7). The proposed project would begin on Highway 41 about 02 miles west of where Highway 41 intersects F1 Camino Real in Atascadero, and continues easterly to-the Salinas River where a new bridge and overhead would be constructed to cross to the east bank. The project would end about 0.6 mile east of the Templeton Road-Creston/Eureka Road intersection. The total length of the completed project would be 23 miles, compared to the present distance of 3.9 miles. Eight intersections, including.the ramps at the 41/101 interchange, would be within the project limits. Alternative B This alternative would replace the existing Salinas River Bridge near its present location with a structure meeting current standards. The width of the bridge would be 40 feet and its length would be approximately 215 feet. The bridge approaches and intersections with Rocky Canyon Road and Curbaril Avenue would be modified slightly. Approximately 0.6 acre of new right-of-way would be required for the new bridge, approaches and modifications to the Curbaril Avenue and Rocky Canyon intersections. Removal of one large oak and up to approximately one acre of riparian vegetation within a wetland, including some other trees, could be impacted. One single family residence would be taken. Relocation assistance would be available to the occupants. Alternative B meets the primary purpose of the proposed project, to correct the structurally deficient Salinas River Bridge. Alternative B leaves the right angle turns at either end of the bridge and B doesn't address other outdated road and bridge widths and alignments or the circuitous travel required by the existing Route 41. 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'_ �-_..� • .� �- ._--�--�_"'�-.�---_'�_-•--.y---�e�sigp.x�•1 e°S iG! r 1 .tom� (' o �� P � � �'\•:1' C y '.`' \• 1 0000;i0 SAN LUIS OBISPO COUNCIL OF GOVERNMENTS STAFF REPORT MEETING DATE: March 22, 1.995 SUBJECT Rt41 Salinas River-Bridge Replacement SUMMARY This meeting is being held to provide Caltrans with input regarding replacement of the storm damaged Route 41 Salinas River bridge. The bridge, damaged beyond repair during the recent storms, will be replaced by Caltrans with a new bridge at one of two locations: * On a new adopted alignment generally north (and downstream) of the current location on Mercedes Avenue to connect with the Route 41/101 interchange (Alternative A-Modred).,, * On - or adjacent to - the current alignment (Alternative B). These alternatives have been described and evaluated by Caltrans in their certified environmental impact report prepared for this project. The attached discussion describing the alternatives "A-modified" and "B" is based upon excerpts from the EIR. Caltrans staff have prepared a brief summary of pros and cons regarding the "A-Modified" and "B" options for replacement of the bridge structure. This summary is attached. Caltrans will present a number of options regarding the replacement of the bridge for your consideration. RECOMMENDATIONS Staff: Review Caltrans input regarding options. Receive public testimony. Provide recommendation to Caltrans regarding the SLOCOG preferred option. CTAC: Recommends SLOCOG take no action regarding Alternative "A-Modified" or "B" due to lack of information and inadequate public notice. Support temporary bridge. TTAC: No recommendation. DISCUSSION The Alternative A-Modred alignment is contained in the adopted City of Atascadero General Plan, the adopted Regional Transportation Plan (RTP), the Regional and State Transportation Improvement Plans, and Caltrans Route Concept Reports. Ten alternatives were evaluated for this bridge replacement in the EIR. Only Alternative A, a slight modification of A and Alternative B were found to be viable. In March, 1993 the EIR was certified and Alternative A-Modified was selected by the California Transportation Commission (CTC). 000051 Since that time Caltrans has been pursuing implementation of the selected alternative (A- Modified). Most of the right-of-way west of the river has been purchased (including 12 of 14 residences). The engineering for this option is approximately 65% complete. In January, 1995 the CTC requested all regional agencies to prioritize all programmed projects that they desired to be built within the next 18 months. The SLOCOG Board deferred listing this project for funding. The bridge has since been damaged beyond repair and is scheduled for demolition immediately. Caltrans is evaluating options to provide temporary access across the river including:fair weather crossings (at-grade with culverts), temporary modular bridge (Bailey bridge), or reliance on continued use of the Templeton Bridge. Caltrans assessment of these options will be reported at the meeting. Caltrans must make a decision immediately. Should they build the bridge on-site (option B); or should they provide temporary bridges until such time that the approved alternative A is constructed. The community and SLOCOG is given an opportunity to make their recommendation to Caltrans. Attached are several supportive documents including: * Description of the existing alignment and problem definition. * Descriptions of the two Project Alternatives (Options A & B). * Maps of each alternative. * Description of each alternative (pros, cons, costs, schedules). RT41 BRDG.MAR 000052 ROUTE 41 EAST BRIDGE REPLACEMENT AND REALIGNMENT HISTORY AS OF SEPTEMBER 8, 1993 1967 Atascadero Advisory Committee asks Board of Supervisors to request Division of . Highways to make Route Study Report 1968 SLO County requests Division of Highways to study route adoption, 1969 Atascadero Chamber of Commerce requests State Highway Commission to realign Route 41. 1970 California Highway Commission adopts route location for alignment alternative A. 1971 Fed. Highway Administration grants design approval for realignment. 1971 Thru 1974 Caltrans prepares detailed design plans and acquires 73%of required right-of- way for realignment. 1974 Adopted alignment included in the original SLOCOG Regional Transportation Plan (RTP). 1974 Caltrans halts work on project due to oil embargo, funding shortage, and a different philosophy guiding Caltrans. 1979 City of Atascadero incorporated; new City Council expresses desire for construction of realignment on adopted route. 1981 City of Atascadero revises Circulation Element and adopts Caltrans alignment on adopted route. 1982 After CTC proposal to rescind route adoption, SLOCOG opposes recision & requests reconsideration; programs project on adopted route as in RTP & supported by City of Atascadero in General Plan. 1983 SLOCOG recommends that CTC fund Alternative A alignment per the RTP; CTC directs Caltrans to prepare PSR for Alternative A. 1983 California Transportation Commission (CTC) directed work to resume. 1984 Following completion of PSR which includes analysis of six alternatives,SLOCOG reaffirms support for Alternative A in RTP update; CTC directs Caltrans to proceed with project development for replacement of bridge and realignment of highway on ALT.A alignment. 1984 City of Atascadero endorses realignment of highway on Alternative A alignment. 1985 City of Atascadero Planning Commission recommends approval of proposed Alignment Alternative A; City Council reaffirms support for proposed project 1985 SLOCOG again reaffirms support for Alternative A in Regional Transportation Plan (RTP) update. 1986 SLOCOG requests CTC to program $7.2 Million in State Transportation Improvement Program (STIP) to replace the bridge and construct the highway on the adopted, Alternative A alignment. 1 000053 1987 Caltrans PSTIP includes full funding for Alternative A realignment;Atascadero City Council approves; SLOCOG recommends full funding in 1987 STIP; CTC adopts Alignment A Alternative, Stage 1, in the 1987 STIP. 1988 SLOCOG reaffirms support for replacement of bridge and construction of Alternative A • Alignment in approval of RTP update and recommends full funding in 1988 STIP; CTC approves full funding in State Transportation Improvement Program (STIP). 1988 Caltrans conducts public hearing on Negative Declaration and finding of no significant impact; Atascadero City Council reaffirms support for Alignment Alternative A, subject to EIR. 1989 Caltrans begins preparation of Draft Environmental Impact Report (EIR) as requested by City of Atascadero. 1990 SLOCOG reaffirms support for replacement of bridge and construction of Alternative A Alignment in approval of RTP update. 1990 During 1990 & 1991 Caltrans studies impacts of additional alternatives; Alternative A Modred is developed in order to reduce impacts along the adopted route. 1991 In May,the Federal Highway Administration(FHWA)accepts the FONSI for the project and final approval is obtained. 1992 In January, Caltrans completes and releases Supplemental Project Report and Draft Environmental Impact Report (EIR) for public circulation. 1992 In August, SLOCOG reaffirms support for replacement of bridge and construction of Alternative A Alignment in approval of RTP update; and in September the SLOCOG reaffirms its support in adopting the Federal Transportation Improvement Program (FTIP). 1993 In March, the California Transportation Commission (CTC) adopted findings for the environmental impacts identified in the EIR for the project and approved future consideration of funding for the bridge replacement and roadway realignment. 1993 In June, Atascadero City Council gives final approval to updated Circulation Element, including the Route 41 Bridge Replacement and Roadway Realignment. 1993 August 24th, Atascadero City Council holds public hearing specifically on project and votes 3 to 2 in favor of Alternative A-Modified roadway realignment and bridge replacement. 1993 September 8th, on 8 to 4 vote SLOCOG approves inclusion of Alternative A-Modified realignment of Route 41 East in Federal Transportation Improvement Program (FTIP). 1993 December 8th, SLOCOG approves resolution adopting 1993 RTP, including Route 41 realignment & bridge replacement with phasing plan for modification of Route 41/101 interchange. 2 000054 PROJECT ALTERNATIVES - excerpts from project EIR Ten alternative projects were evaluated. In each alternative, the design of the highway and bridge allows for 8-foot shoulders. These shoulders would accommodate on-street parking, although such Marking could be prohibited by local ordinance. With such prohibition the shoulders would ccommodate pedestrians and bicyclists along the new route. A description of each alternative follows. Altemarioe AModified (the preferred alternative) Alternative A-Modified was selected as the preferred alternative after considering public input from the three Public Hearings, and the Informational Meeting, the concerns of the city and county staffs and local residents, and the recommendations from the City of Atascadero and the San Luis Obispo Area Coordinating Council. Alternative A.-Modified will remove several oak trees. However, it saves ISS trees in the City of Atascadero (including over 100 oak trees) that would have been takers with Alternative A. The Alternative A alignment has been included in the Atascadero General Plan since incorporation in 1979, and development has been planned around the alignment. On July 14, 1992, the City Council of Atascadero voted to accept the recommendations made by DKS Associates, the circulation element consultants for the City. In a July 7, 1992 letter to Atascadero, DKS stated ' . . . the realignment of Highway 41 (Alternative A or A-Modified) provides the best long-term engineering solution for traffic circulation for Atascadero. Alternative A-Modified reduces the amount of cut and fill by using steeper slopes and adjusting the horizontal and vertical alignments using a lower design speed of 45-50 mph alignment in the urban area (a 55 mph alignment is used in the original layout of Alternative A) and a 60-65 mph alignment in the rural area. The results of this modified design are: 1. Reduction in the number of trees to be removed in the City of Amscadero from 420 to 265 resulting in less visual, biological and physical impact in those areas affected. 2- Fill and cut slopes will be steepened to 1 and 1/2:1 (for each vertical foot of':cut or fill the horizontal' distance will be one and one-half feet). This will reduce the amount of cut and fill and result in a narrower strip of land that would be disturbed by construction. The Alternative A or A Modified proposal would improve Route 41 in the City of Atncadero and the County of San Luis Obispo between about 0.1 mile west of Route 101 and 12 mile east of the Salinas River Bridge (existing Post Mile 15.8 to 19.7). The proposed project would begin on Highway 41 about 02 miles west of where Highway 41 intersects F1 Camino Real in Atascadero, and continues easterly to-the Salinas River where anew bridge and overhead would be constructed to cross to the east bank The project would end about 0.6 mile east of the Templeton Road-Creston/Eureka Road intersection. The total length of the completed project would be 2.3 miles, compared to'the present distance of 3.9 miles. Eight intersections, including-the ramps at the 41/101 interchange, would be within the project limits. Alternative B This alternative would replace the existing Salinas River Bridge near its present Iocation with a structure meeting current standards. The width of the bridge would be 40 feet and its length would be approximately 21S feet. The bridge approaches and intersections with Rocky Canyon Road and Curbaril Avenue would be modified slightly. Approximately 0.6 acre of new right-of-way would be required for the new bridge, approaches and modifications to the Curbaril Avenue and Rocky Canyon intersections. Removal of one large oak and up to approximately one acre of riparian vegetation within a wedand, including some other trees, could be impacted. One single family residence would be taken. Relocation assistance would be available to the occupants. Sternative B meets the primary purpose of the proposed project, to correct the structuraffiy deficient Salinas River Bridge. Alternative B leaves the right angle tuns at either end of the bridge and B doesn't address other outdated road and bridge widths and alignments or the circuitous travel required by the existing Route 41. There would be no improvement at the railroad underpass. Also the roadbed in the floodplain along Sycamore Road would be subject to loss where is has been lost to 000055 flooding in the oast. 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Y•. :•�iC •`Y :. . �` '..£ ::::tti:'v::'r•x•::ns=h•.-.s"h.�......-....,v,.....:v$.n} .:+f`• '':H�: '} -{:: ''�': .•n{••}•f• .:}.::v::....aJ::.Cr:}}ti•{.}x.,},'vti`r{:}:�:'+ }h::. }ti't.`' }`'xi•'•. y is ::;}} �:':\i�:�` }•:.' "F; {}�'fi.:a:.}�: :,:} ..{.. ~;'•tib;{ .0: '::':::?fi:.;� V` IS..L. 4-iv h•.'.: {}`'•....W`L L��ya�� �:S{},v-`Y}�vi:i::. \�': is$f•,+: �`\ti:4\r•`•.r,.'C:•:h r Ln. r }::4:}..:.- vYON 4 LL a.. 0000". 6 16 rt 22 • •_`may, P •-� ) r .f' �ih. •?�-'J •i `.7�A /I4 .,,� ti �r�.=� '`� �. �• •� J11_ •• % r -SIF �� I" I �''C - `•r--' -= -- �_ gAL I Silo, cn 4L cri a w . /• .• • •. wo iC • Otp Jt .10 C3 ALTERNATIVE A-MODIFIED L7, v \• ' s' _ 'r � _-, � c� . `° � J°�• '� "° C �/ � f�� /' //moi—� , di C21�^-� 1', 1`r� J=•_� SII '�'� T r,�_..• v '.•, J :1= ' i- EL MiNO RfJ�L�- -i-. '.r!�,- �•A.`'•Lvty'� �i..r< / 1�� Qlr".'� 7. r. QTt.41 "'ill a ae; r� r'' •�(�'.•� .� .✓_�•(� :/•• •^ �' r ���� Orl SA mt s►NT I o �1' .�. �Q1 0.•1 C C}'4 �,e . ' - `' G .\�•l C Y '_ .. •" : a' y � � �,� _J-LENS_--- � .i i/ t_.. 1 �� •-1 a r•< ,'i- \.. .54 IL no xt -04 --� 030CIL I a / \t �• t` /i � 1__qtr • - i' �. 1 -'T! i G� .. Jill `—" '` yr ;� 1 '/ .� (',�✓ ; VV ei ,r;3 i I \ \ �� a A f � Q � �• .� !1 , •� 7 - .moi tn. - ' -�„;•.�•�'' t �, ,,o� Tic�� `'.,e 4 m 5. o O o'il�li SLO-41 -17.1 /19.7 (MODIFIED) ALTERNATE A - MODIFIED CONSTRUCT SALINAS RIVER BRIDGE (SHOPP PROJECT) FROM CEMETERY ROAD/MERCEDES AVENUE TO 1 .2 MILES EAST OF THE SALINAS RIVER BRIDGE PROS AND CONS PREPARED BY CALTRANS PROS 1. Right of Way appraisals are complete for the SHOPP portion of the Route 41 Realignment (East of Cemetery Road) . 2 . General Plan received on February 23, 1995. A {STukgruoms INvL r%(-^- nom) . 3 . Design is 65% complete. 4 . Could accelerate the river crossing portion of the Route 41 Realignment by 3 months. 5. Meets the intent of the approved EIR and the wishes (hopes) of the Atascadero City Council. 6. Will not require metrification of the plans. CONS 1. No Right of Way has been purchased for the SHOPP portion of the Route 41 Realignment (East of Cemetery Road) . 2 . Southern Pacific Railroad has not received the General Plan. 3 . Structures has not progress beyond the General Plan. 4 . Conflict Plans (Utilities) have not been developed. 5. Permits have not been submitted (1601, 401, and 404) . 6. Geotechnical studies discontinued June 1994. 7 . This constructs only the SHOPP portion of the Route 41 Realignment Project. The STIP portion will be designed and constructed at a future date. Route 41 traffic would be re-routed onto Mercedes Avenue (a lightly traveled residential street) to access the new bridge. PROJECT COSTS: Modified Alternate A - Modified Use 1994 SHOPP escalated cost for construction of $7,987, 000 (96/97 FY) . Add $300, 000 for additional improvements to Mercedes Avenue. R/W cost is $274 , 000 (1996 and 1.997) . PROJECT SCHEDULES: See attached schedule. Milestones are as follows: . District PS&E 1/1/96 Begin Construction 5/15/96 0004059 SLO-41 -18.4 (ALTERNATE B - MODIFIED) CONSTRUCT SALINAS RIVER BRIDGE ALONG THE EXISTING ALIGNMENT PROS AND CONS PROS PREPARED BY CALTRANS 1. Bridge Site Submittal and Right of Way Maps submitted on March 16 and March 20, respectively. Foundation work commenced on March 14 . r 2 . Structures has committed to a Bridge PS&E delivery date of April 24, 1995 or earlier. 3 . Utility relocation is more simplified than Alternate A. 4 . Can use an Emergency Contract Accelerated Process (1 Week - District PS&E to Bid Opening) . 5. Can begin construction as early .as May 15, 1995 (depends on Rights of Entry for construction access) . 6. Time for construction is less than for Alternate A. 7. Will not require metrification of the plans. CONS 1. Conflict Plans (Utilities) have not been developed. 2. Could preclude construction of Route 41 Realignment Project. 3 . Difficulties in acquiring access will delay project one year. Worst case scenario indicates a begin construction date of May 1, 1996, since construction cannot start until May 1 (plus or minus two weeks) due to high flows in the Salinas River. PROJECT COSTS: Alternate B - Modified Use an estimated cost of $900,000 ($645,000 Structure and $255, 000 Roadwork) . R/W costs are unknown. PROJECT SCHEDULES: See attached schedules. Milestones are as follows: Best Case Scenario (Easy Acquisition of R/W Access) District PS&E 5/1/95 Begin Construction 5/15/95 Worst Case Scenario (Difficult Acauisition of R/W Access) District PS&E 1/1/96 Begin Construction 5/1/96 000060 REPORT TO CITY COUNCIL Meetin Date: 3/28/95 CITY OF ATASCADERO Agenda Item: C-2 (A&B) Through: Andy Takata, City Manager Via: Henry Engen, Community Development Director 44, From: Kelly Heffernon, Administrative Analyst { SUBJECT: Joint Powers Agreement (JPA) to join the countywide Integrated Waste Management Authority (IWMA) RECOMMENDATION: (1) That Council sign the JPA (2) That Council appoint a delegate and alternate to the IWMA Board` BACKGROUND: On 1/28/92, Council approved in concept pursuing the option of forming a solid waste Joint Powers Authority and tentatively approved signing the JPA on 2/2/94. The function of the Authority is to manage and implement regional programs to accomplish the goals and objectives outlined in the Source Reduction and ;Recycling Element (SRRE), Household Hazardous Waste Element (HHWE) and upcoming Countywide Siting Element. This Authority was officially formed last June with the signatures of the unincorporated County and the five cities south of Cuesta Grade. To date, the city of Paso Robles has shown little interest in joining the IWMAf On 1/24/95, Council discussed options concerning solid wash management for Atascadero and appointed a two member City Council subcommittee to review alternatives. Since that time, Wil-Mar Disposal has returned to hling Atascadero's garbage to the Chicago Grade Landfill, greatly simplifying the solid aste management issue. DISCUSSION: The subcommittee recently met with delegates from the 11WMA to discuss Atascadero's participation on the Authority. Most of the concerns centered around the following: 1 . Reclaiming Atascadero's share of the AB 939 tipping fees collected from the Paso Robles landfill 000 OWL 2. Equity of program benefits to participating jurisdictions (i.e. the insurance that Atascadero would not be subsidizing programs or facilities solely benefiting other jurisdictions within the county) It was determined that the County is responsible for collecting the AB 939 tipping fees per the original MOA and that each participating jurisdiction has the option to "buy into" a given program or facility. Specifically, the JPA incorporates several protections for the City: 1 . The City reserves the right to regulate land use, thereby controlling the siting of any solid waste facility within the City limits (Section 5.4); 2. The City is not obligated to commit funds to a new facility (Section 9); 3. The City can at any time withdraw from the Authority (Section 13). A copy of the final JPA document is included as Attachment A for your reference. Council should note that the Authority is moving forward with AB 939 plan. implementation; on 3/8/95, the Authority hired a Solid Waste Manager and adopted a tentative budget for FY 95-96. The new manager will bring a more detailed budget for the Authority's consideration at their 5/10/95 meeting. It would be to the City's benefit to participate as early as possible in the decision making process if Council chooses to join the IWMA. FISCAL IMPACT: All regional programs will be funded through county landfill tipping fees. Please see Attachment B which outlines the total estimated program costs and revenues for Atascadero. Encl: Attachment A: Joint Powers Agreement to form an Integrated Waste Management Authority Attachment B: Excerpt from the Funding Component of the Source Reduction and Recycling Element 2 000T)G2 ATTACHMENT ENT A JOINT POWERS AGREEMENT TO ESTABLISH AN INTEGRATED WASTE MANAGEMENT AUTHORITY FOR THE CITIES AND COUNTY OF SAN LUIS OBISPO, CALIFORNIA APRIL. b. 1994 000063 APRIL 6, 1994 JOINT POWERS AGREEMENT TO ESTABLISH AN INTEGRATED WASTE MANAGEMENT AUTHORITY FOR THE CITIES AND COUNTY OF SAN LUIS OBISPO, CALIFORNIA THIS JOINT POWERS AGREEMENT is made and entered into this 10thday of May , 1994 ,. _ by and between the incorporated cities of Arroyo Grande, Atascadero, EI Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo California, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500. et seq., of the California Government Code (Title 1 , Division 7, Chapter 5, Article t) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, suggest, and implement solutions to common solid waste problems; assist with programs by utilizing the professional talents of the various governmental jurisdictions in the County and of experts in various other fields and s to coordinate their efforts; and WHEREAS, the California Integrated Waste Management Act (California Public Resources Code section 40000 et seg.) and all regulations adopted under that legislation 0000G4 requires, among other things, that certain public agencies in California make adequate provision for solid waste management within their jurisdictions; and WHEREAS, the CITIES and COUNTY have the power to plan, acquire, construct, maintain, manage, regulate, operate and control facilities for the collection, transportation, processing and disposal of the solid waste, including recyclables, generated within their jurisdictions; and WHEREAS, the CITIES and COUNTY believe that by combining their separate powers they can achieve their waste diversion goals and satisfy the requirements of the Integrated Waste Management Act more effectively than if they exercise those powers , separately; and WHEREAS, the CITIES and COUNTY intend by this Agreement to exercise their respective powers jointly and to exercise such additional powers as are available for the purpose of achieving their waste diversion goals, complying with the Integrated Waste Management Act and developing integrated resource recovery facilities for the benefit of all CITIES and COUNTY; and WHEREAS, the CITIES and COUNTY intend, pursuant to this Agreement, to establish a regional agency in accordance with Public Resources Code Section 40973; and WHEREAS, the CRIES and COUNTY intend, pursuant to this agreement and Public Resources Code Section 40973,that said regional agency, and not the CITIES and COUNTY which are members of the regional agency, shall be responsible for compliance with the waste diversion requirements set forth in the Public Resources Code, Article 1 of Chapter 6 (commencing with Section 41780): and IPADRF-MAPR -2- 000 5 _ WHEREAS, the CITIES and COUNTY desire to establish and confer upon a separate legal entity the powers necessary to enable them to achieve their waste diversion goals and to comply with the Integrated Waste Management Act. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: SECTION 1. Definitions. To the extent that any of the following definitions conflict with any definition set forth in the California Integrated Waste Management Act, (PRC Sec. 40000 et seq.),and the Regulations promulgated thereunder, said Act and/or Regulations shall take priority. The terms defined in this Section that begin in this Agreement with quotation marks have the following meanings: 1 .1 "Act"means the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000 et seg.) and all regulations adopted under that legislation, as that legislation and those regulations may be amended from time to time. 12 "Agreement" means this Joint Exercise of Powers Agreement, as it may be amended from time to time. 1 .3 "Authority" means the San Luis Obispo County Integrated Waste s Management Authority, a joint exercise of powers agency created by the Members pursuant to this Agreement. 1 .4 "Board" means the Board of Directors of the Authority. 1 .5 "City" means any Member that is a city, and "Cities" means all of the Members that are cities. I PADRFTT nY R -3- OOO G(; 1 .6 "Composting Facility" means a facility at which composting is conducted and which produces a product meeting the definition of compost in Public Resources Code (PRC) section 40116. ("Compost" means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. "Compost' includes vegetable, yard and wood wastes which are not hazardous waste. and biosolids where combined with other organic materials in a mixture that consists largely of decayed organic matter, and is used for fertilizing and conditioning land.) 1.7 "County" means the unincorporated areas of San Luis Obispo p County, California. 1 .8 "Fiscal Year" means the period commencing on each July 1 and ending on the following June 30. 1 .9 "HHW" means household hazardous waste as described in the household hazardous waste element as required by the Act (California Public Resources Code Sections 40000 et seg.), as that element may be amended from time to time. 1 .10 "HHWE"means the Household Hazardous Waste Element as required by the Act (California Public Resources Code Sections 40000 et sg ) as that element may be amended from time to time. IP 1 1 .11 "Joint Facilities" means a materials recovery facility, composting or HHW Facility, or combination thereof, which is located within the boundary of the Authority and is owned by some or all of the members directly, or by the Authority, or by private entity, for the benefit of some or all of the members. 1PADIU7r-APR -4- 00M,67 1.12 "Manager' means the person hired and appointed by the Board as the Authority's administrative officer to administer the affairs of the Authority and to effect the policies of the Board. 1.13 "Member' means any of the signatories to this Agreement and "Members" means all of the signatories to this Agreement. 1.14 "MRF" means a "materials recovery facility"which means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the purposes of recycling or composting. (Title 14, Ch. 9, Art. 3, Section 18720, "Definitions.") "MRF" means a transfer station which is designed to, and, as a condition of its permit, shall recover for reuse or recycling at least 15 percent of the total volume of material received by the facility. (PRC 50000(a)(4).) 1.15 "NDFE" means a Nondisposal Facility Element as required by the Act (California Public Resources Code Sections 40000 et seg.), as that element may be amended from time to time. 1.16 "Revenue Bonds" means revenue bonds, notes, certificates of participation and any other instruments and evidences of indebtedness issued by the Authority from time to time pursuant to the law or any other applicable law in order to finance the MRF, any Joint Facilities or any Sole Use Facilities. 1.17 "Sole Use Facilities" means an integrated resource recovery facility, performing one or more of the functions of a MRF, composting or HHW Facility which is located within the boundary of the Authority and is owned by one member or a private entity, but in all events is operated for the benefit of one or more, but not all, of the Members. 1 PADRFIFAPR -j- OOOCs • 1 .18 "Solid Waste Landfill" shall have the meaning set forth in Section 40195.1 of the Public Resources Code, as that section may be amended from time to time. 1 .19 "SRRE" means a Source Reduction And Recycling Element as required by the Act (California Public Resources Code Sections 40000 et seg.), as that element may be amended from time to time. SECTION 2. Purpose. This Agreement is entered into for the purposes of providing for the joint exercise of certain powers common to the Members and for the exercise of such additional powers • as are conferred by law in order to achieve our waste diversion goals. The Members are each empowered by the laws of the State of California to exercise the powers specified in this Agreement and to comply with the provisions of the Act and other laws. These common powers shall be exercised for the benefit of any one or more of the Members or otherwise in the manner set forth in this Agreement. The members enter the agreement with the intent to operate the Authority in compliance with the requirements of the Act, with a minimum level of staff, addressing those operations and programs that can be most cost-effectively handled at the regional level by maximizing local resources, private sector participation, and contract services provision. The duties and responsibilities of each city and the County are described in the applicable adopted plans. The Authority is formed with the purpose and intent of IPADRFTP"R 6- facilitating the development of programs and projects that provide economies of scale without interfering with individual agencies'exercise of power within their own jurisdiction. SECTION 3. Creation of Authority. 3.1 The Members hereby create and establish an authority and public entity to be known as the "San Luis Obispo County Integrated Waste Management Authority;' (hereinafter referred to as Authority) it being understood that the Board shall s_ be entitled to change the Authority's name from time to time if it so chooses. The Authority shall be a public entity separate from each of the Members. 3.2 The Authority shall constitute a regional agency pursuant to Public Resources Code Section 44973. Said regional agency, and not the CITIES and COUNTY which are members of the regional agency, shall be responsible for compliance with the waste diversion requirements set forth in the Public Resources Code,Article 1 of Chapter 6 (commencing with Section 41780). In the event that the regional agency fails to comply with said waste diversion requirements, it is expressly understood and agreed that Section 12 of this Agreement shall provide for indemnification for the benefit of the regional ag_pncy and its members as specifically set forth therein. 3.3 The assets, rights, debts, liabilities and obligations of the Authority shall not constitute assets, rights, debts, liabilities or obligations of any of the Members. However, nothing in this Agreement shall prevent any Member from separately contracting for, or assuming responsibility for, specific debts, liabilities or obligations of 1PADRFTFAPR _7_ 0000 0 the Authority, provided that both the Board and that Member approve such contract or assumption. SECTION 4. Term. The Authority shall become effective as of the date of this Agreement`. It shall continue until dissolved in accordance with Section 13 of this Agreement. However, in no event shall the Authority be dissolved it its dissolution would conflict with or violate the terms or conditions of any Revenue Bonds or related documentation including, without limitation, indentures, resolutions and letter of credit agreements. SECTION 5. Powers. 5.1 The Authority is empowered to acquire, construct, finance, refinance, operate, regulate and maintain a Solid Waste Landfill, transfer station, a MRF, composting, HHW, or Joint Facilities and Sole Use Facilities subject, however, to the conditions and restrictions contained in this Agreement. The Authority shall also have the power to plan, study and recommend proper solid waste management consistent with the Act and, to the extent permitted by the Act and this Agreement, implement the programs specified in the state approved and locally adopted SRREs, the HHWE, the NOFE, and the Countywide or Regional Siting Element for all or any portion of the area included within the Authority's boundary. Not withstanding any other provisions of this agreement, the Authority shall not acquire, regulate, set fees for, or operate any solid 1NMRFiF,kpR 000071 waste landfills, recycling, or composting facilities owned or operated by member jurisdictions without the express written consent of such member(s). 5.2 To the full extent permitted by applicable law, the Authority is authorized, in its own name, to do all acts necessary or convenient for the exercise of such powers that each Member could exercise separately including.without limitation,any and all of the following: (a) to make and enter into contracts, including contracts with any Member; (b) to apply for and accept grants, advances and contributions; (c) to contract for the services of engineers, attorneys, accountants, planners, consultants, fiscal agents and other persons and entities; (d) to make plans and conduct studies; (e) to acquire, improve, hold, lease and dispose of real and personal property of all types; (f) to sue and be sued in its own name; (g) to incur and discharge debts, liabilities and obligations; (h) to establish rates, tolls, tipping fees, other fees, rentals and other charges in connection with the Authority's facilities identified in Paragraph 5.1 herein, as well as any and all services provided by the Authority; (i) to hire agents and employees; 1PMRf7FAPR -9- 000072 (j) to exercise the power of eminent domain for the acquisition of real anderson e p al property: (k) to issue Revenue Bonds, grant or bond anticipation notes, or other governmental financing instruments, in accordance with all applicable laws for the purpose of raising funds to finance or refinance the acquisition, construction, improvement, renovation, repair,operation,regulation or maintenance of the facilities identified in Paragraph 5.1 herein; (I) to sell or lease the facilities identified in Paragraph 5.1 herein; (m) to loan the proceeds of Revenue Bonds to any person or entity to finance or refinance the acquisition, construction, improvement, renovation or repair of the facilities identified in Paragraph 5.1 herein; (n) to provide that the holders of Revenue Bonds, whether directly or through a representative such as an indenture trustee, be third party beneficiaries of any of the obligations of any Member to the Authority and to covenant with the holders of any Revenue Bonds on behalf of any such Member 1 to perform such obligations and comply with any agreements that Member may have with the Authority. 5.3 Such powers shall be exercised subject only to the limitations set forth in this Agreement, applicable law and such restrictions upon the manner of exercising such powers as are imposed by on law u the Members tiers m the exercise of IPADRFn:APR .1 O- 000,073 similar powers. In no event shall the Authority be authorized to exercise any power not expressly authorized. The Authority hereby designates San Luis Obispo County as the Member required to be designated by Section 6509 of the California Government Code. 5.4 ff and to the extent the Authority exercises a power granted to it under this Agreement and the exercise of a like power by one or more Members within its or their boundaries would be inconsistent with or likely to interfere with the exercise of that power by the Authority, that Member or those Members shall not exercise that power; provided, however, that nothing in this Agreement shall limit a Member's right or that of any commission, agency or other body or authority of any Member to adopt, amend or implement zoning, building, land use or safety ordinances, laws or regulations with respect to real estate located within its boundaries upon which a facility identrfied in Paragraph 5.1 and paragraph 52 (j) is or will be located. SECTION 6. Boundaries. The boundaries of the Authority shall be the boundaries of San Luis Obispo County. In the event a member withdraws from the Authority, the boundaries shall be modified to exclude tqe area of the withdrawing member. Section 6 shall not prevent any facility identified in Paragraph 5.1 herein from being located outside the boundary of the Authority. 1PAnRFTTAPR - 1 000074 SECTION 7. Organization. 7.1 The Board. The Authority shall be governed by the Board, which shall exercise or oversee the exercise of all powers and authority on behalf of the Authority. 7.2 Membership. (a) Membership in the Authority shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of San Luis Obispo presently or in the future, are declared eligible for membership in the Authority. (b) Representatives of the COUNTY and`, CfTIES shall be appointed to serve on the Board in; accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Authority shall consist of the five members of the Board of Supervisors of the County of San Luis Obispo and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their member agency. Vacancies among representatives shall be filled in the same manner as the first appointment. 1PADRFiTAPR _1 2_ 000,''75 (c) Member agencies may elect to have an alternate member(s) in addition to any official member, but said alternate shall be an elected official and shall be able to vote only in the absence of the official representative. (d) Designation of the official representative or afternate(s), or changes thereto, shall be transmitted in writing to the Manager of the Authority by the appointing agency. (e) In addition to the incorporated cities presently a parry to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Authority may do so by executing this Agreement without prior approval of ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. (f) Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. 1 7.3 Principal Office. The principal office of the Authority shall be established by the Board within the boundary of the Authority. The Board may change that principal office upon giving at least 15 days' notice to each Member and to the California Integrated Waste Management Board. 1 PADRFTF APR -13- 000076 7.4 Officers. (a) The officers of the Board shall consist of a President and Vice-President elected for a term of one year by a majority vote of member agency representatives to the Authority. (b) Both the President and Vice-President of the Board shall be elected at the last meeting preceding July of said year. (c) The officers shall serve until their successors are elected. (d) The duties of the officers shall be as follows: 1) President a) Shall preside'over all meetings of the Board as Chairman. b) Shall appoint all ad hoc committees subject to ratification by the Board. C) Shall exercise general supervision over all activities of said Authority. d) Shall be an ex-officio member of all committees. e) Shall execute all contracts and legal documents on behalf of the Authority. s 2) Vice-President a) Shall serve as Chairman pro-tem in the absence of the President. b) Shall give whatever aid necessary to the • President in administering of the Authority. C) Shall be an ex-officio member of all committees. FA()FLF7F.&PR -14- 000077 (c) In the event of a vacancy occurring in the office of either the Presidentor Vice-President upon said officer's death, • P resignation, removal or his/her ceasing to be an official representative of a member agency, such vacancy will be filled by majority vote of the Authority, the officer elected to serve for the balance of the unexpired term. 7.5 Manager. The Board shall employ or, contract for the services of a manager (the"Manager") who shall be the chief administrative officer of the Authority.The Authority shall select a qualified manager using professional personnel standards and an open competitive process. The Manager shall plan, organize and direct the administration and operations of the Authority, shall advise the Board on policy matters, shall recommend an administrative structure to the Board, shall hire and discharge administrative staff, shall develop and recommend budgets,shall reply to communications on behalf of the Authority, shall approve payments of amounts duly authorized by the Board, shall carry out such other duties that may be assigned to the Manager by the Board from time to time and shall attend meetings of the Board. 7.6 Committees. (a) Committees and subcommittees may be established as the Board may deem appropriate. (b) Membership on "ad-hoc" policy committees shall be at the discretion of the President subject to ratification by the Board. Nothing herein shall be construed to limit membership on 1PADRFTFAPR - 5' h these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. (c) Standing Committees shall include an Executive Committee and a Solid Waste Technical Advisory Committee. The composition and bylaws of the standing committees shall be established by the Board by resolution. SECTION 8. Meetings of the Board. 8.1 Regular Meetings. The Board shall hold at least four regular meetings each year. The date upon which, and the hour and place at which, each regular meeting shall be held b shall a fixed b resolution of the Board. y 8.2 Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the California Government Code. 8.3 Notice of Meetings. All meetings of the Board shall be held subject to the provisions of the California Ralph M. Brown Act (Sections 54950 et seg. of the California Government Code) and other applicable laws of the State of California. 8.4 Minutes. The Manager shall cause minutes of all meetings of the Board and any committees of the Board to be kept and shall, after each meeting, cause a copy of the minutes be forwarded to each member. to IPADRI-7FAPR -1 6- i 0000*7! 8.5 Quorum and voting. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including one COUNTY representative. Each representative shall have one vote. No action shall be effective without the affirmative votes of a majority of those present. However, eight (8) affirmative votes shall be required for taking any action in the event any Member demands such a vote. The representatives to the Authority shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of the Authority in an orderly manner. 8.6 Budget. The Cities and the County have entered into a Memorandum of Agreement among the County of San Luis Obispo and the Cities of Arroyo Grande, Atascadero. El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo for the Establishment and Payment of Landfill Tipping Fee Surcharges To Support The San Luis Obispo Integrated Waste Management Authority (the "MOA"). Pursuant to the MOA, those members of the Authority having jurisdiction over such matters have agreed to establish tipping fee surcharges (the"Tipping Fee Surcharges") which shall be paid into a Solid Waste Authority Trust Fund (as defined in the MOA) for the purposes therein. (a) A line item and program budget for the Authority's operations 1 shall be adopted by the Board for the ensuing Fiscal Year prior to June 30 of each year. All costs incurred by the Authority shall be set forth in the budget, and shall be paid out of the solid waste fund derived from tipping fee surcharges and other sources as approved by the Authority. 1PADR=-APR -17- p 000 80 . The line item and program budget shall be submitted in draft form to all member agencies for review and comment prior to adoption. The line item and program budget shall include sufficient detail to constitute an operating guideline, the anticipated sources of funds, and the anticipated expenditures to be made for the operations - of the Authority and the administration, maintenance and operating costs of the facilities identified in Paragraph 5.1 herein. Any budget for Sole Use Facilities shall be maintained separately. Approval of the line item and program budget by :the Board shall constitute authority for the Manager to expend funds for the purposes outlined in the approved budget, but subject to the availability of funds. (b) A budget for the acquisition, construction, or operation of facilities, or for contracting for the acquisition, construction, or operation of facilities, identified in Paragraph 5.1 herein 1 shall be adopted by the Board before the Authority commfts any acquisition or construction funds or contracts. f< may be amended if and when determined by the Board. Approval of the budgets for the facilities identified in Paragraph 5.1 herein shall constitute authority for the Manager (or any trustee or other fiduciary appointed by the Authority) to receive state or 1PAORF1TnPK 0O v81 federal grant funds and proceeds of Revenue Bonds and to expend funds for the acquisition, construction, or operation of the facilities identified in Paragraph 5.1 herein. (c) A budget(s) governing the acquisition, construction, or operation of Sole Use Facilities may be adopted by the affected Member or Members. When such budgets are adopted by affected members appropriate accounts shall be established by the Authority and designated as such Member's or Members' fund. Disbursement of such funds by the Authority shall be made only upon receipt of written authorization from the designated finance officer of the affected Member or Members. Receipts and disbursements for the acquisition or construction of Sole Use Facilities may also be made directly by the affected Member or Members, in which case such budgets shall not be a part of the budget of the Authority. 8.7 Rules of Procedure. The Board shall from time to time, establish rules and procedures for the conduct of their meetings. SECTION 9. Joint Operating Fund and Contributions. The Authority shall have the power to establish a joint operating fund. The fund shall be used to pay all administrative, operating and other expenses incurred by the Authority. • Funding shall be on an enterprise basis or as determined by member agencies. All 1PA1)R1qT APR -19- 000082 monies in the joint operating fund shall be paid out by the Treasurer for the purposes for which the fund was created upon authorization b the President of the Board oard and approval by the Controller and Manager of demands for payment. or as otherwise authorized by resolution of the Board filed with the Treasurer. No Member shall be obligated to make any contributions of funds to the Authority for facilities to be established in accordance with Section 5.1 or pay any other amounts on behalf of the Authority, other than as required by this Section 9. without that Member's consent evidenced by a written instrument signed by a duly authorized representative of that Member. The Authority shall contract with an independent certified professional accountant to conduct annual fiscal audits as required by the Public Utilities Code Section 99245. 9.1 Treasurer. The Treasurer of San Luis Obispo County shall be the Treasurer of the Authority. The Treasurer shall: a). Receive and receipt all money of the Authority and place it in the Treasury of San Luis Obispo County tothe credit of the Authority. b). Be responsible for the safekeeping and disbursement of all Authority money held by him/her. c). Pay any sums due from the Authority, from Authority funds held by him/her or any portion thereof, upon warrants of the Controller designated herein. • d). Invest funds. 1PADR1=ITAPR _20_ ll'J',083 The Authority shall reimburse the Treasurer for the actual cost of services rendered. 9.2 Controller. The Auditor-Controller of the County of San Luis Obispo shall be the Controller for the Authority. The Controller shall: a). Draw warrants to pay demands against the Authority when the demands have been approved by the Authority Board and/or the Manager. He/She shall be responsible on his/her official bond for his/her approval of the disbursement of Authority money. b). Keep and maintain records and books of accounts including keeping separate sub accounts of tipping fee surcharges and other revenues deposited into the Solid Waste Authority Trust Fund and expenditures made therefrom on the basis of generally accepted accounting principles. c). Make available all such financial records of the Authority to a cert'rfied public accountant or public accountant contracted by the Authority to make an annual audit of the accounts and records of the Authority. The minimum requirements of the • audit shall be those prescribed by the State Controller for s special districts under Section 26909 of the Government Code and shall conform to generally acceptable auditing standards. d). Verify and report in writing as soon as possible after the first day of July, October. January, and April of each year to the Authority the amounts of monies he/she holds for the IPADRFITAPR -21- 000"'S4 1 Authority, the amount of receipts since his/her last report, and interest accrued to those funds. The Authority shall reimburse the Auditor/Controller for the cost of services rendered. SECTION 10. Records and Accounts. This Section and Section 9 are intended to insure strict accountability.of all funds of the Authority and to provide accurate reporting of receipts and disbursements of such funds. The Authority shall maintain accurate and correct books of account showing in detail the costs and expenses of any service or acquisition and construction and the maintenance, operation, regulation and administration of any service or joint use or sole use facility and all financial transactions of the Members relating to any service or joint use or sole use • facility. Books and records shall be established and maintained in accordance with generally accepted accounting principles promulgated by the California State Controller's Office and the Governmental Accounting Standards Board. The books of account shall correctly show any receipts and any costs, expenses or charges to be paid by all or any of the Members. The books of account shall be open to inspection at all times by a representative or agent of any of the Members. In addition, if requiredby any resolution authorizing the issuance of Revenue Bonds, the Authority shall maintain appropriate books, records, accounts and files relating to each project as required by such resolution which shall be open to inspection by holders of Revenue Bonds if and to the extent, and in the manner, provided in the resolution. I PADRFTTAPK _22_ 000085 i SECTION 11. Rates. The Authorityshall establish and regulate rates to be charged at the new facilities 9 9 identified in Paragraph 5.1 herein in amounts sufficient to discharge all indebtedness and liabilities relating to agencies under contract to provide efficient operation of facilities, the acquisition and construction of facilities (including,without limitation, any Revenue Bonds issued in connection therewith), and to accommodate the planning and implementation of activities required by the Act. SECTION 12. Failure to Meet Waste Stream Requirements. The Authority shall be entitled to cause the waste streams of each Member to be monitored, pursuant to procedures approved by the Board, in order to determine whether state waste diversion requirements are being met. If the waste stream diversion of any Member fails to meet any such requirements, that Member shall be solely responsible for any and all resulting liabilities, damages, criminal and civil sanctions, and costs and expenses. That Member shall also hold the Authority and the other Members harmless from and against any and all liabilities, damages, sanctions, costs and expenses that are incurred as a result of the violation or a claimed violation including, without limitation, all fees and costs of counsel. If two or more Members are responsible for a failure to meet any such requirements or are claimed to have violated any such requirements, the Members responsible for the violations or which are the subject of such claims shall be responsible to, and shall indemnify, the Authority and the other Members in proportion to their relative responsibility for the violations or claimed violations. Upon notification of any such violation or claim, the Member or Members shall take such prompt, corrective IPMRFTFAPR -23- 00+0018 action as is necessary to meet the requirements. Nothing in this Section shall preclude one or more Members or the Authority from imposing or establishing additional incentives to meet waste diversion requirements. SECTION 13. Withdrawal and Dissolution. 13.1 The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official member of the Authority or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come before the Authority, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 132 Any party to this Agreement may withdraw from the Authority, with 30 days notice, and terminate its participation in this Agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect with respect to the remaining members. No withdrawal shall become effective until 30 days after receipt of the written notice by the Authority. 13.3 A member which has withdrawn from the Authority shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Authority. The Authority may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Authority. If any party JFADRF ITAPR -24- 000387 hereto fails to pay its contribution, as determined by the Authority, said entity shall be deemed to have voluntarily withdrawn from the Authority. 13.4 The Authority may be dissolved at any time and this Agreement terminated by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said termination Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Authority in proportion to the contributions made. In the event the Authority is abolished, the individual member agencies shall be responsible for complying with the requirements of the Act as included in the approved SRREs, HHWE, NOFE, Countywide or Regional Siting Element and Integrated Waste Management Plan. SECTION 14. Amendments Including Termination. This Agreement may only be amended or terminated by a written instrument executed by all Members and meeting the requirements imposed by the terms or conditions of all Revenue Bonds and related documentation including, without limitation, indentures, resolutions and letter of credit agreements. Notwithstanding the foregoing, no amendments or termination shall require any Member to contribute any funds to the Authority or become directly or contingently liable for any debts, liabilities or obligations of the Authority without the consent of that Member evidenced in a written instrument signed by a duly authorized representative of that Member. WAORVIPAPR -25- 000088 SECTION 15. Filing with the Secretary of State. The Secretary shall file all required notices with the Secreta of State in accordance Secretary with California Government Code Sections 6503.5 and 53051 . SECTION 16. Notices. All notices which any Member or the Authority may wish to give in connection with this Agreement shall be in writing and shall be served by personal delivery during usual business hours at the principal office of the Member or Authority, to an officer or person apparently in charge of that office, or by depositing the same in the United States mail, postage prepaid, and addressed to the Member or Authority at its principal office, or to such other address as the Authority or Member may designate from time to time by written notice given in the manner specified in this Section. Service of notice pursuant to this Section shall be deemed complete on the day of service by personal delivery (but 24 hours after such delivery in the case of notices of special meetings of the Board) or two day after mailing if deposited in the United States mail. SECTION 17. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted . It successors and assigns of the Members. However, no Member shall, assign any of its s rights under this Agreement except to a duly formed public entity organized and existing under the laws of the State of California approved by a majority of the Voting Directors who do not represent the assigning Member. No assignment shall be effective unless and until the Authority, the Members and the proposed assignee comply with all then- applicable requirements of law relating to changes in the composition of entities such as IPn()RFr-FnPR -26- 0+00089 the Authority it and when they have Revenue Bonds outstanding and with the terms and conditions of all Revenue Bonds and related documentation including, without limitation indentures, resolutions and letter of credit agreements. SECTION 18. Severability. Should any part, term or provision of this Agreement be decided by a final judgment of a court or arbitrator to be illegal or in conflict with any law of the State of California or otherwise be unenforceable or ineffectual, the validity of its remaining parts, terms and provisions shall not be affected. SECTION 19. Section Headings. All section headings contained in this Agreement are for convenience and reference. They are not intended to define or limit the scope of any provision of this Agreement. SECTION 20. Effective Date. This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in I'dforce and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. iPADRFn:APR -27- 000 ;v�! CITY OF ARROYO GRANDE c---mBy: Date: Mayo Minute Action ' Z •Resetutiea-le. 5/10/94 rk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Atto Dated: 2�1/'y1 q4 CITY OF ATASCADERO By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: 1 By: City Attorney Dated: frnrn<ri��,u rc -28- O0Qr1j,9� CITY OF GROVER BEACH By�J _ % -'—� _ Date: �,� ,p y a r V Resolution No. Clerk APPROVED AS ,rU FORM AND LEGAL EFFECT: By: City Attorney Dated: CITY OF MORRO BAY By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By- City Attorney Dated: 000092 CITY OF GROVER BEACH By. Date- Mayor Clerk Resolution No. APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: CITY OF MORRO BAY By. Date: Kav 9, 1994 Mayor rk Resolution No. 39-94 APPROVED.IAS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: S 9 q 000093 i i - CITY OF EL PASO DE ROBLES By: Date: Mayor Resolution No. Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: City Attorney Dated: CITY OF PISMO BEACH Date: Mayor Clerk , J APPROVED AS TO FORM AND LEGAL EFFECT: 4s City Attorne Dated: 1PADRrTPA}'Il -30- wo0, 9 CITY OF SAN LUIS OBISPO By: 619" Date: Mayor Peg Pinard 4 Agreement No. A-09-94-CC Jerk Dyne R. Gladwell APPROVED AS TO FORM AND LEGAL EFFECT: By: I.Ir 2 ty tto Dated: s— COUNTY OF SAN LUIS OBISPO By: Date: Chairperson Resolution No: Clerk APPROVED AS TO FORM AND LEGAL EFFECT: JA NIES B. L94D44OLM, JR. County Counsel By: Deputy County Counsel Dated: W-,---"OA I ArR 000095 ; CITY OF SAN LUIS OBISPO ; I By: Date: Mayor Resolution No. Clerk i APPROVED AS TO FORM AND LEGAL EFFECT: i By: City Attorney Dated: ` COUNTY OF SAN LUIS OBISPO By: Date: JUN 7IN4 airman FRANCIS M. GOONEY Resolution No. Clerk By:I c.. I L� Depu y Clerk APPROVED AS*T0 FORM AN9 LEGAL EFFECT: JAMES B. LINbHOLM, JR. ' County Counsel By. De ty County Cou Dated: IPAORFM-AJ'R -31- 000096 A 1'1 Al.,HNYENT L Q `••' � � � j 'J O T tI'1 v1 h Vl t+1 N ClN N 7 N Cl) N �O N N1 CS �1 1 00 s4 V1 e4 00 :R 00 � eN4 K :4 G1 O O O O COQ O O wn wl NCv1 n N N N N `S N cn 0 r 00 i09- 64 io T 64 :4 � ii4 CN O N G1 W I b C rl n n tn fn C4 C4 en :J ONO .�9 in404, f�1 T V�1 7 � e4 s4 fA 64 K A Q � G1 y _ O O O O O WN S In qn In qwl n H W� J9 N 1 v1 10 00 O r� r- l� .. ) N Ili(Vf M N H M N N N y 00 iA to 64 to 1 10 %a %0 y C i4 U ° in in to %n o c o to kn %n .. N .1 v1 llp N _ a C N 7 N P1 Q V'f 00 s4 V'1 d/•► 1 h v1 s r 1-4 s4 i+ i4 3 r ^ Zs � I a 3 .. v c 10 VQ Cli W _ q •!1 _ r 00 cC+1 10_ s4 N N -r 604- 04 _ 3 X _ 75 U J � n y p U 'J ? }� V of �.U J �• - . 00009'7 0 0 00 o 00 00 00 00 <"? 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N v v v v O.o y 8 8 S 72a V �u cry H H v N N ^ ..r is .. 1-k O v 3 H FcLU ° S 8 e b j ` A >ma 3 u y C 3 U j U U Ou c j �` cTi L J y 7 y 0'r C " •C L Q.q G •n y :,7 .T. N E U ,.T. C W r7 (a O .r z .r h cj U y N :lJ T C .� U a' 7 p A 7 0 0 9 •J ;n '� G 1.1 .4r Q O ;j w VI V U U CI. �O V ,v CL _'•t z LS] CJ ,i 000099 'i REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-3 (A) Through: Andrew J. Takata, City Manager Meeting Date: 3r I Q96 Cont'A: 3/28/95 From: Henry Engen, Community Development Director SUBJECT: Economic Round Table's purpose and membership recommendation per Resolution No. 01-95 affirming the advisory committee's purpose and revising its membership RECOMMENDATION: Adopt Resolution No. 01-95. BACKGROUND: 1 On January 26, 1991, the City Council by minute action (see attached) created the Economic Round Table (ERT) as an advisory body on economic issues. Following a period of study and discussion, the ERT at their meeting of February 22, 1995, developed the attached Res. No. 01-95 for Council consideration. ANALYSIS: As proposed, the ERT membership would be reduced from 13 to 9, with the Mayor or the Mayor's designee serving in the capacity of chairperson. Torms of office would coincide with appointments for the Planning Commission and Oarks & Recreation Commission, with selections made by the City Council for the 5 a�-large members and by the respective organizations for the remaining members. As related information, the Council will soon be considering the proposed Economic Development Element prepared by Palmer-Koert. That document suggests that con- sideration be given to restructuring the ERT as either a commission (which would mean being created by ordinance) or as an economic developmelnt corporation. The consensus of the ERT is supportive of retaining the present structure of the group, with their main concern being one of having an economic development coordinator for support of the ERT. Hence, this issue could be resolved when the Economic Develop- ment Element comes to the City Council. i WHAT'S NEXT: The present membership of the ERT has a number of vacancies (see attached) which will need to be formally appointed by the City Council. HE:cw 000 .00 Enclosures RESOLUTION NO. 01-95 [Revised 31281951 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING REFINEMENTS TO THE PURPOSE AND MEMBERSHIP OF THE ECONOMIC ROUND TABLE WHEREAS, On January 26, 1991, the Council of the City of Atascadero appointed a citizen Economic Round Table to work toward strengthening the City's economic base. WHEREAS, The Economic Base Analysis and Downtown Revitalization Study, conducted by Economic Research Associates (ERA) in 1988, recommended that, "the City shall initiate an Atascadero Economic Round Table...to regularly discuss, recommend and initiate community economic development and diversification". WHEREAS, In the interests of prudent fiscal planning, the City commissioned a report from Crawford, Multari & Starr in 1990, entitled, Long-Range Fiscal Analysis, which concurred with the ERA recommendation by stating that, "the City will help initiate and support an Atascadero Economic Round Table composed of diverse representation of the business community and residents to discuss, recommend and start community economic development and diversification". WHEREAS, The City of Atascadero's General Plan Update states as a basic community goal to "provide for a sound economic base to sustain the City's unique character" and in its Land Use Element that, "As a post-Proposition 13 City containing over 24 square miles of land, 23 square miles of which is residential in nature, it is imperative that a sound economic base be assured" and, "Development of a sound economic base will be critical to maintaining and enhancing the community's identity as a distinctive free-standing City". WHEREAS, It is a priority of the City of Atascadero to plan for a stable economic future, in keeping with the overall character of the community as stated in the General Plan; NOW, THEREFORE, The Atascadero City Council does resolve to refine the membership and purpose as follows: 1. Economic Round Table Membership. Membership of the Economic Round Table shall consist of nine (9) members as follows: 1 . One (1) member of the City Council (Mayor or designee) 2. One (1) member of the Chamber of Commerce (plus an alternate) 3. One (1) member of the Business Improvement Association (plus an alternate) 4. One (1) member of the Planning Commission (plus an alternate) 5. Five (5) members-at-large from the business and financial community, appointed by the City Council 000101 I Resolution No. 01-95 [Revised 31281951 Page two of three 2. Terms. The City Council shall appoint the members-at-large of the Economic Round Table. Three (3) members shall be appointed for terms which shall expire on August 31, 1996, and two (2) members shall be appointed for terms which shall expire on August 31 1998. The Coun- cil member and organization member appointments shall be determined annually by their respective organizations. Thereafter, all terms for the at-large members shall be four (4) years and shall expire four (4) years after August 31 of the date of appointment, except those appointments made after the commencement of the term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. 3. Duties and Responsibilities. The Round Table is not intended to serve as a conventional Council-appointed committee but rather as a City/private partnership of local citizens working to enhance the economic viability of the community toward goals identified in the City's General Plan and related policy documents. Toward this end, the Round Table shad pursue the following: A. Become familiar with the Economic Research Associates report and recommendations, the Long-Range Fiscal Analysis report's content and recommendations, and the goals and objectives of the City's General Plan. B. Recommend means for encouraging the retention and enhance- ment of existing economic enterprises within the City of Atascadero. C. Recommend methods for targeting economic activities and enterprises which should be pursued in order to complement the City's existing industrial/commercial base while enhancing the City's principal revenue sources. D. Recommend, as appropriate, local development of a craftsmen park, home furnishings district, restaurant row, auto mall and unique traveler destination economic enterprises consistent with Item #C. E. Follow up on any question referred to it by the City Council for investigation, finding or report. 4. Operations. The Round Table shall annually choose its own officers, as appropriate, make its own rules and regulations, including appointment of subcommittees, and keep a journal of its proceedings. Selection of officers shall be at the September meeting or as soon thereafter as is feasible. The majority of its members shall be a quorum for the trans- action of business where specific recommendations are to be made. Otherwise, meetings with less than a quorum may be held as determined by the Chair. 001©2 Resolution No. 01-95 Page three of three 5. Meetings. The Round Table shall meet at the discretion of its elected chair, provided that it shall meet at least quarterly. Proper notice of time, place and agenda of said meetings shall be posted in accordance with the provisions of Section 54956 of the Government Code of the State of California. 6. Reports. The chairperson of the Round Table shall report to the City Council, as appropriate, for information or recommended action, with the understanding that there shall be at least semi-annual reports on the Round Table's activities. On motion by Councilmember , seconded by Councilmember the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: AYES: ` NOES: ABSENT: ADOPTED: BY: R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney APPROVED AS TO CONTENT: ANDREW J. TAKATA, City Manager ATTEST: LEE PRICE, City Clerk 00010; 3. RESOLUTION NO. 12-91 - ESTABLISHING ATASCADERO ECONOMIC ROUND TABLE Mayor Lilley introduced the item and announced that appointee, Richard Shannon, had advised him that he would not be able to serve an the Round Table and wished to have his Name removed from the proposed resolution. CC2/26/91 Page e The City Manager reported that Mr. Shannon 's withdrawal would result in a membership of twelve and explained that the format of the resolution was to provide guidance for the committee. Councilwoman Sorgeson thanked staff for using great care acid craftsmanship in preparing the resolution, and stated that `s e ya5 Su.wpOr `. i•.c of forging the Round Table. She indicated , however , that she had a problem with puttingthe commit`-.= in place by r_scluticn because it nay appear to be of simil:ir standing to the Planning Ccmmission. Mr . Windsor noted that the Round Table would be unique in that i4 yould meet only as ecessary to address issues . Henry Engen clarified that the Planning Commission and other formal advisory bodies are established by ordinance and specific appointments are made by resolution. Councilwoman Qargeson asserted that she could support a motion to put the Round Table into place, but strongly opposed establishing it by resolution. Councilman Dexter remarked that it would be sufficient to simply establish the committee by action of the Council . Councilman Shiers agreed . There were no public comments. MOTION: Hy Councilman Dexter and seconded by Councilman: shiers that the City Council of Atascadero estab Itsh the Economic Round Taole and define its ' purposes and specific membership as outlined in proposed Resclution No . 12-91 ; motion carried 4:0. 4. BUDGET REVIEW - 5-YEAR CAPITAL PROGRAM MOTION: ouncilman Dexter and seconded by Z7�under n Shiers to c tinue this matter as Item Regular usiness; otion carried . The City Manager noted , far�t�e rub l ' that in light of earlier • discussion, this matter may b over to a City Council study session. 5. COUNTY SATELLITE CI 000104 Councilwoman , ge=on submitted her February 19, 991 statement to the Q d of Supervisors (sem Exhibit A) reg1uest1* g-, atellite offic in the North County. She asked that the{ Council b-ac�4-120 rvrt�foct h„ Arinntinrt a --solution of ��"�T 1 A__XCADERO ECONOMIC ROUND TAB_-- PURPOSE AND MEMBERSHIP The City of Atascadero has appointed a citizen Economic Round Table to work toward strengthening the City' s economic base. The Economic Base Analysis and Downtown Revitalization Study, conducted by Economic Research Associates (ERA) in 1988, recommended that, "the City shall initiate an Atascadero Economic Round Table. . .to regularly discuss, recommend and initiate community economic devel- opment and diversification" . In the interests of prudent fiscal planning, the City commis- sioned a report from Crawford, Multari & Starr in 1990, entitled, Long-Range Fiscal Analysis, which concurred with the ERA recommen- dation by stating that, "the City will help initiate and support an Atascadero Economic Round Table composed of diverse representation of the business community and residents to discuss, recommend and start community economic development and diversification" . Further, the City of Atascadero' s General Plan Update states in its Draft Land Use Element that, "As a post-Proposition 13 City` containing over 24 square miles of land, 23 square miles of which is residential in nature, it is imperative that a sound economic base be assured" and, "Development of a sound economic base will be critical to maintaining and enhancing the community' s identity as a distinctive free-standing City" . In creating the Economic Round Table, the City Council has acknowledged that it is a priority of the City to plan for a stable economic future, in keeping with the overall character of the com- munity as stated in the General Plan and other sources. 1. Economic Round Table Membership. The Economic Round Table shall consist of twelve (12) members appointed by the City Council as follows: 1. Mayor 2. Financial institutions (Santa Lucia National Bank, Mid-State Bank and Bank of America) 3. Three members of the Chamber of Commerce 4. Two members of the Business Improvement Association 5. Three members-at-large Initial appointees shall be as follows: Mayor: 1. Robert Lilley Financial Institutions: 2. Stan Cherry 3. Mike Kirkwood 4. John Cotsenmoyer Chamber of Commerce: 5. Bill Mazzacane 6. Ray Johnson 7. Dave Vega Business Improvement 0 Association: 8. John Himes 9. Jack Porter (Continued next page) 000105 Members----Large: 10. Muriel rorba 11. Mildred Copelan 12. Jack Stinchfield 2. Terms. Except for the Mayor, who shall be the current incumbent, the twelve members shall be appointed to two year terms, ending on June 30, 1993, which may be extend- ed as deemed appropriate by Council. 3. Duties and Responsibilities. The Round Table is not intended to serve as a conventional Council-appointed committee but rather as a City/private partnership of local citizens working to enhance the economic viability of the community toward goals identified in the City' s General Plan and related policy documents. Toward this end, the Round Table shall pursue the following: A. Become familiar with the Economic research Asso- ciates Report and recommendations, the Long-Range Fiscal Analysis Report's -content and recommenda- tions, and the goals and objectives of the City' s General Plan. B. Recommend means for encouraging the retention and enhancement of existing economic enterprises within the City of Atascadero. C. Recommend methods for targeting economic activities and enterprises which should be pursued in order to complement the City's existing industrial/commer- cial base while enhancing the City's principal revenue sources. D. Recommend, as appropriate, local development of a craftsmen park, home furnishings district, restau- rant row, auto mall and unique traveler destination economic enterprises consistent with Item #C. E. Follow up on any question referred to it by the City Council for investigation, finding or report. 4. Meetings. The Round Table shall meet at the discretion of the Mayor, provided that it shall meet at least quar- terly. Proper notice of time, place and agenda of said meetings shall be posted in accordance with the provi- sions of Section 54956 of the Government Code of the State of California. 5. Reports. The chairperson of the Round Table shall report to the City Council, as appropriate, for information or recommended action, with the understanding that there shall be at least semi-annual reports on the Round Table' s activities. nt' a � City of Atascadero ECONOMIC ROUND TABLE (Mailing List) 1. Councilman Ray Johnson 9. *" Kerba City of Atascadero City TFeasure 6500 Palma Ave. 10906 Santa Ana Rd. Atascadero, CA 93422 AtaseadeFe, CA 93421 Ph: 461-9288, or 461-5010 . 2. Stan Cherry 10. Kaeey-Sallivaw- Santa Lucia Nati. Bank Wells Fargo Bank P.O. Box 6047 Atascadero, CA 93423 AtaseadeF^ GA 93421 Ph: 466-7087 Ph! 466 :7 9 9 3. Mike K8rkw 11. Jack Stinchfield Mid State BaRk Stinchfield Financial Vacant 7350 EI Camino Real Atascadero, CA 93422 Ph: 466-0111 4. Jim Edwards 12. Robert Lilley Planning Commission Attorney at Law 2800 EI Camino Real 8740-B Pueblo Atascadero, CA 93422 Atascadero, CA 93422 Ph: 466-2070 Ph: 466-3545 5. Micki Ready 13. Don Price Chamber of Commerce Systems 42 6550 El Camino Real 8330 Morro Road Atascadero, CA 93422 Atascadero, CA 93422 Ph: 466-2044 Ph: 461-1622 6. Vacant City Staff contacts: 7. Missie Hobson Andy Takata, City Manager Pacific Gas & Electric Ph: 461-5010 P.O. Box 119 Templeton, CA 93465 Henry Engen, Director Ph: 434-4413 Community Development Ph: 461-5097 8. John Himes Paper Works Printing Brad Whitty, Director 5900 Entrada Ave. Finance Atascadero, CA 93422 Ph: 461-5012 Ph: 466-6680 (Revised 2/15/95) REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-3(B) Through: Andrew J. Takata Meeting Date: City manager Manager Cont' 03/28/95 From: Henry Engenj Community Development Director SUBJECT: Economic Round Table Recommendation: Proposed initiation of a Zoning Text Amendment to allow offices on the first floor in the Pedestrian Retail- Over-lay Zone. RECOMMENDATION: Initiate the requested Zoning Text Amendment for consideration by the Planning Commission. BACKGROUND: At their January 18th, 1995 meeting, there was a ptesentation before the Economic Round Table by Dwight and ShakU' Huffman on their small business incubator concept at 5943 Traffic Way. In order to obtain their business license under the ptesent zoning, the Huffman's had to offer retail products, (see attached text) . As may be noted, Conditional Use Permits are required for offices in this particular area. Given the high degree of ',vacancies and lack of "pedestrian retail" strength evident today in the downtown, the consensus was to liberalize this particular requirement and allow offices to locate in this arca as an allow- able principal permitted use. 1 HE:ph Encl: Zoning Ordinance Text cc: Don Price, Business Improvement Association Micki Ready, Atascadero Chamber of Commerce Dwight & Shaku Huffman s a 000108 I EXHIBIT E CITY OF ATASCADERO DOVMTOWN OVERLAY ZONECOMMUNITY DEVELOPMENTDEPARTMENTPEDESTRIAN RETAIL ZC 04-90 _ ( FH' � 1ttlttitl tttlltii . 11� � r 0001109 .0 ADOPTED JUNE 27, 1983 PR (Pedestrian Retail) Overlay Zone 9-3.501. Purpose:Purpose: The Pedestrian Retail Overlay Zone identifies that area within the Downtown General Plan designation that has the greatest potential for reinforcement as the City' s ; primary retail shopping area. For these reasons, ground floor uses within the PR Overlay Zone will be limited to encourage supportive retail and pedestrian oriented service uses. 9-3. 502. Allowable Uses: The following uses shall be allowed in the Pedestrian Retail Overlay Zone. The establishment of allowed uses shall be as provided by Section 9-2. 107 (Plot Plans) and Section 9-2. 108 (Precise Plans) : (a) Furniture, home furnishings and equipment (b) General merchandise stores (c) Personal services (d) Utility offices (e) Hardware (f) Eating and drinking places (exclusive of drive through - facilities) (g) Residences (second floor only) 9-3. 503. Conditional Uses: The following uses may be allowed in the Pedestrian Commercial Zone. The establishment of conditional uses shall be as provided by Section 9-2. 109 (Conditional Use Permits) : (a) Amusement services (b) Public assembly and entertainment (c) Libraries and museums (d) Retirement hotel (second floor use only) --- (e) Offices (f) Temporary events 9-3. 504. Development Standards : Setbacks, minimum lot size, parking requirements, and sign regulations shall be the same as for the Pedestrian Commercial zone. 3-57 000110 i REPORT TO CITY COUNCIL CITY OF ATASCADERO Item Noir C-4 Through: Andy Takata, City Manager Meeting', Date: 3-28-95 File No: Resolution 26-95 via: Henry Engen, Community Development Director; From: Steven L. DeCamp, City Planner SUBJECT: Adoption of procedures for the initiation and processing of applications for the amendment of the City' s adopted General Plan and its various elements . RECONMNDATION: The Planning Commission recommends adoption of Resolution 26-95 . BACKGROUND: This City has never formally adopted procedures for the initiation and processing of General Plan amendments . The procedures now used have become institutionalized isimply through past practice . The process currently in use for the initiation of`! amendments has, at times, led to confusion and unnecessary delay in the processing of General Plan amendment applications .!: Too often, the initiation process has become a mini-hearing ox forum on the advisability of approving the General Plan amendmejit request . ANALYSIS: The procedure recommended by the Planning Commission for initiation of General Plan amendments eliminates the duplicative "initiation hearings" held before both the Commission and the Council . This simple change from the previous proicedure will eliminate confusion and speed the review process by as much as sixty (60) days . The Commission has also suggested amendments to the procedures previously utilized to notice public hearings on General Plan amendment applications . First, public hearing notices would not be distributed until the staff report has been priinted and is ready for distribution. Secondly, the Community Development Director would be required to notify all persons who, in his opinion, would be affected by the proposed amendment . These notices would be in addition to those already required by law. 000111 STAFF REPORT March 28, 1995 RE: GENERAL PLAN AMENDMENT PROCEDURES Page 2 RESOLUTION #26-95 No other changes to the procedures currently utilized by the City are recommended by either the Planning Commission or Community Development Department staff. ATTACHMENTS : Exhibit A - Planning Commission Memorandum (3-6-95) Exhibit B - Planning Commission Minutes (3-7-95) Exhibit C - Draft Resolution #26-95 000112 i EXHIBIT A M E M O R A N D U M TO: Chairman and Commissioners FROM: "" Steven L. DeCamp, City Planner DATE: March 6, 1995 RE: General Plan Amendment Procedures RECOMMENDATION• The Commission should recommend that the City Council adopt the attached draft resolution establishing General Plan amendment procedures . BACKGROUND: At your meeting of January 3, 1995, the Commissiondiscussed the process that has historically been utilized to initiate and process amendments to the City' s General Plan. The general consensus was that the current initiation procedure, consisting of mini "hearings" before the Commission and Council is both cumbersome and confusing. Because of this, the Commission directed staff to return with a revised procedure for consideration. The attached draft resolution streamlines the initiation process by eliminating the requirement for the Commission and Council to review, in a public forum, each proposal prior to staff' s analysis, environmental review, and a noticed public hearing. These preliminary sessions have, in the past, been misunderstood as public hearings on the merits of the various proposals . In place of this preliminary step, staff will be directed to begin its analysis of General Plan amendment requests upon receipt of a complete application. The steps utilized to analyze applications, reports to the Commission, recommendations to the Council, as well as public hearing notice procedures are also identified in the draft resolution. Note : Although this is not a public hearing item, notice that this draft resolution would appear on your agenda was placed in the Atascadero News so that all interested parties would have ample notice of these proceedings . 000113 EXHIBIT B CITY OF ATASCADERO PLANNING COMMISSION 3/7/95 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 1. GENERAL PLAN AMENDMENT PROCEDURES: Consider a recommendation to the City Council regarding adoption of a resolution establishing procedures for the initiation and processing of amendments to the City's General Plan. STAFF RECOMMENDATION: {-DeCamp) The Commission should recommend that the City Council adopt the attached draft resolution establishing General Plan amendment procedures. TESTIMONY: Rush Rolmeine, P. O. Box 1990, Atascadero, reviewed notice provisions in the Brown Act. He suggested expansion of the legal notice to comply with the spirit of the law rather than the letter of the law. Lon Allen, of Atascadero News, gave a historical perspective and suggested that the notice provisions were adequate. ACTION: After a great deal of discussion, the Commission recommended that the City Council adopt the attached draft resolution establishing General Plan amendment procedures with modification to the section on Processing, indicating that public notices will not be given until staff reports are available for distribu- tion. Motion: Wallace Second: Miller AYES: Wallace, Miller, Messer, Edwards, Bonnema, Bowen, Johnson NOES: None ABSENT: None 000114 EXHIBIT C • DRAFT RESOLUTION NO. 26-95 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ADOPTING PROCEDURES FOR THE INITIATION AND PROCESSING OF AMENDMENTS TO THE CITY'S GENERAL PLAN WHEREAS, the City of Atascadero has adopted a General Plan comprised of mandatory and optional elements as required by the California Government Code; and WHEREAS, Section 65358 of the Government Code provides that- amendments to the elements of the adopted General Plan shall be initiated in a manner specified by the City Council; and WHEREAS; the City Council of the City of Atascadero is desirous of establishing procedures for initiation,, and processing of amendments to the various mandatory and optional elements of the adopted General Plan; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Atascadero to adopt the following General Plan amendment procedures : 1 . Fees . The Community Development Department shall collect a fee at the time an application is made for amendment of any element of the General Plan. The amount of the fee shall be as established by resolution of the City Council . 2 . Frequency. No element of the General Plan shall be amended more frequently than four (4) times per calendar year. 3 . Application Deadlines . Private persons may make application for amendments to the elements of the General Plan on April 1 and October 1 of each year. The Planning Commission may also propose amendments to General Plan elements at the same times as private persons . The City Council may initiate amendments to the General Plan at any time deemed necessary, provided that the maximum number of annual amendments shall not exceed four (4) . 000115 _ I- Resolution No. 26-95 Page 2 4 . Initiation. Applications for General Plan amendments shall be made in a form specified by the Community Development Director. Such applications shall be filed in the offices of the Community Development Department. Amendment proposals will not be accepted for processing unless the application is complete and all fees paid prior to the application deadlines specified above. As soon as practical after the application deadline, the Community Development Director shall report to the Planning Commission and City Council, on their consent calendars, regarding the number, location, and nature of the applications received. No public hearing will be conducted, or testimony received, prior to processing of the applications as provided below. 5 . Processing. Prior to beginning the environmental review and staff analysis, the Community Development Director shall establish reasonable study areas for the proposed General Plan amendments .. Upon completion of the required environmental review and staff evaluation of the proposals, the Community Development Director shall report and make recommendations to the Planning Commission regarding the approval or disapproval of all applications made for amendment of the General Plan. The Planning Commission shall conduct a public hearing on the Community Development Director' s report and the environmental review as required by the California Government Code and report its recommendations to the City Council . The City Council shall hold a public hearing to consider the environmental review, the Community Development Director' s report, the Planning Commission' s recommendations, and all public testimony. 6 . Public hearing Notices . In addition to the public hearing notices required by the California Government Code, notice of all hearings before the Planning Commission and City Council on applications for amendment of the elements of the General Pian shall be mailed to all persons requesting such notice in writing. In addition, notice shall be mailed to all other persons who, in the opinion of the Community Development Director, may be affected by the proposed General Plan amendment . Notice of a public hearing shall not be given until such time as the staff report is ready for public distribution and review. 000116 Resolution No. 26-95 Page 3 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES : NOES : ABSENT : ADOPTED: CITY OF ATASCADERO, CA 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 000117 1 i WPORT TO CITY COUNCIL Agenda Item C-5 CITY OF ATASCADERO 3/28/95 Archer R. Montandon, City Attorney Meeting Date: From: nt Corp. for City to pay April bond SUBJECT: Request of Golden West Developn►e assessment RECOMMENDATION: That the City Council review this memorandum and give direction to s�Gaff KGROUND: t AC Wes B with '.Golden Council has negotiated and entered into an agreement The City public improvements at ers to pay a portion of the bond assessmeenC't for half of ithe sales tax Develop agreement requires th Y the Factory Outlet. This ag whichever is less. received up to either one-half the assessment or $92,000.00, received. in the year after the sales tax is The payment �s to be made semi-annually Y The Cit is not obligated to make a payment until December, 1995. use funds that were the has requested that the City improvements to make the Golden West Developm arts for the Factory Outlet public proceeds of bonds or g April, 1995, bond assessment payment. DISCUSSION: a Camino Real and Golden West, db I have reviewed the agreement between the City ovision that would require the City to Fashion Outlets Center,the April, can 1995 find bond payment. make any portion may legally make such public monies, and paying a private In addition, I conducted some researc proceeds areeas to epther the City funds, the a payment. The bond land grant pro a i ft of Ibubhc be a gift of public funds. To avoid being 9 public obligation may pubic purpose. The bonds were issued to finance p expenditure must serve a p improvements. bond can be distributed as �thetexcessns are: The excess bond proceeds ($212,502-00) ermissible;dis proceeds in the 3F Meadows Assessment District. The amount of any (a) Transfer to the general fund of the City, pro that the such transfer shall not exceed the lesser of $1 ,000 or 5% of the total amount ition fund; expended from the acquisj 40_ 1 (b) As a credit upon the assessment and any supplemental assessment in accordance with the provisions of Section 10427.1 of the Streets and Highways Code; (c) To reimburse the City for any contributions or advances to or for the acquisition fund that were not pledged in the Resolution of Intention; or (d) For the maintenance of the proposed acquisitions or a specified part thereof. With this provision in Resolution 199-92 and state law allowing the above distribution, I do not believe this type of distribution is a gift of public funds. It should be noted that these funds are in Orange County. The grant money ($109,202.00) is different. Though these funds are to be used for transportation purposes, I can find no provision in state law that allows use of these funds to pay bond obligations of private developers. Further research is required but will not impact your decision tonight due to the fact that the April, 1995, assessment is less than the excess bond proceeds. As such, if the City Council chooses to pay this assessment, it may be done only with excess bond proceeds, pursuant to Streets and Highways Code Section 10427.1 ARM:cw REAL ESTATE / REAL ESTATE DEVELOPERS CONSULTANTS if Golden Voest Development CORP. March 8, 1995 ��� IATASG�PO' C i 1 (AANAGER% Andy Takata, City Manager City of Atascadero 6500 Palma Avenue Atascadero, CA. 93422 Re: Camino Real Improvement District Bond Assessment Dear Mr. Takata: We request that payment of the Bond Assessment due this spring (April ) be collected from excess construction funds not required to complete the public improvements, since the City is receiving sales tax revenues , the project is up and running, doing very well and producing substantial benefits to the City in many ways. To be of benefit to our cash flow positions , since rental income has not reached its peak yet and tenant improvement costs are substantial , we request that we, or Atascadero Factory Outlets, not be required to include the bond assessment to be collected with the April 10 tax payment. We would very much appreciate your favorable consideration of this request, since under our agreement with the City, benefits should be flowing to us as a result of our development, but due to the Orange County situation and other factors we have realized no benefit from the sales tax revenues we have generated as yet, and in fact paid the as4Pssrent due 10, 1994 �n full (for March 2, 1995 bond payment) . Very truly yours, Charles B. VoorLs Golden West Development Corp. President cc: Investec Atascadero City Attorney Yehuda Netanel 7627 MORRO ROAD - P. O. BOX 961 • ATASCADERO, CALIFORNIA 93423 • (805)461-1300 • FAX(805)461-0457 1 I i REPORT TO CITY COUNCIL Meeting Date: 03/14/95 CITY OF ATASCADERO Agenda Item : C-6 Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: Appointments to the Citizens Task Force for Economic Recovery. RECOMMENDATION: 1. Mayor Appointment of 2 Members of the City Cou6cil to serve on the. Task Force. 2. Receive status report on community group and remaining appointments. BACKGROUND: On March 14, 1995, the City Council authorized the formation of a Citizens Task Force for Economic Recovery. A letter signed by the Mayor was sent out to those groups and individuals approved for membership requesting participation. DISCUSSION: At this writing, the City Manager's Office has not yet recgived word from all those corresponded with and staff will apprise the Council verbally of the responses at the City Council meeting. Staff is requesting that the Mayor appoint two members of the City Council to serve on the Task Force. In addition, those councilmembers who are not on the ad hoc committee will be asked to submit to tihe City Manager's Office one name each for a member-at-large. Attachments: Sample Letter to Community Groups 3/14/95 Staff Report 000119 i CITY OF ATASCADERO 1918 1979 �ATASc.�n�0 March 15, 1995 00� John Vial, President Atascadero Rotary Club P.O. Box 100 Atascadero, CA 93423 Subject: Citizens Task Force for Economic Recovery Dear John: As you may be aware, on March 14, 1995, the City Council authorized the formation of a Citizens Task Force for Economic Recovery. The purpose of this ad hoc group is to review the City's budget and current revenues, explore revenue enhancement and possibly analyze City service levels. A copy of staff's report to the Council is attached, for your information. We hereby request that the Rotary Club designate one individual to participate on the task force and that their name be submitted to the City Manager's Office by the close of the business day on Monday, March 27th. The Council would appreciate and welcome the participation of your association in this important effort, and we look forward to hearing from you by the 27th. Sincerely, R. DAVID BEWLEY Mayor RDB:cw ADMINISTRATIVE OFFICES 6500 PALMA AVENUE ATASCADERO,CA 93422 City Council:(805)461-5086 City Manager:461-5010 City Clerk:461-5074 City Attorney:461-5010 (�(nCity Fax:4(611-0606 lJV®�.6.Q REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-5 From: Andrew J. Takata, City Manager 1'r Meeting Date: 3/14/95 SUBJECT: Citizen Task Force for Economic Recovery RECOMMENDATION: Approve proposed membership list. BACKGROUND: At the Council's Mid-Year Budget Study of March 2nd, staff was directed to propose options to the Council pertaining to the appointment of a task force to discuss and develop economic recovery recommendations. This task force could take many different forms. To achieve what staff believes to be the best cross section of community representation, a list of over 90 non-profit organizations was utilized. After reviewing the list, staff removed any fraternal organizations and utilized those that were strictly non-profit, community-oriented. Following is the recommended list of appointees (23) to the task force: Appointee Affiliation 2 City Council 3 Members-at-large, to be appointed by those Council members not on the task force 1 Planning Commission 1 Parks & Recreation Commission 1 Economic Round Table 1 Atascadero Women's Club 1 Atascadero Rotary Club 1 Atascadero Lion's Club 1 Atascadero Land Preservation Society 1 Atascadero Kiwanis Club 1 Atascadero Homeowners Association 1 Atascadero Historical Society 1 Atascadero Board of Realtors 1 Atascadero Quota Club 1 S.L.O. County Zoological Society 1 Atascadero Chamber of Commerce 1 Atascadero Business Improvement Association 1 Business Manager, Atascadero Unified School District 2 Former City department heads who reside in Atascadero 000:121 AT:cw ( =: L z- REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-7 Through: Andrew J. Takata Meeting pate: 03/28/95 City Manager File Number: ZC 94006 From: Henry Engen - Community Development Director SUBJECT: Adoption of an ordinance amending the Zoning Map by rezoning sub- ject real -property from•RS to RSF-Y. RECOMMENDATION: f Approval and adoption of Ordinance No. 284 on second reading. BACKGROUND: On March 14,1995, the City Council conducted a public hearing on the above-referenced subject. The Council concurred with the Planning Commission's recommendation and approved Ordinance No. 284 on first reading. HE:ph Attachment: Ordinance No. 284 i 000122 ORDINANCE NO. 284 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 3555 EL CAMINO REAL FROM RS (RESIDENTIAL SUBURBAN) TO RSF-Y (RESIDENTIAL SINGLE FAMILY MODERATE DENSITY) (Zone Change 94006) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment does not have a potential to result in a significant adverse effect on the environment and the Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on February 21, 1995 and has recommended approval of Zone Change 94006. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findincfs 1. The proposal is compatible with the surrounding land use and zoning designations. 2. The proposal is consistent with the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts; the Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. The City' s Official Zoning Map is hereby amended to reclassify the parcel listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. Assessor' s Parcel Map 049-163-033 Lot 102, Block 19 00012: 3 Ordinance No. 284 Page 2 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, 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 the 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. 4_ On motion by Councilperson and seconded by Councilperson , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: • NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk 000124 Ordinance No. 284 Page 3 APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director s. 000125 CITY OF ATASCADERO EXHIBIT A „N n ORDINANCE 284 "" COMMUNITY DEVELOPMENT DEPARTMENT vll►�r \�p O A < 1�6 Ave w \ n \��GA ♦M� N � / / � AvH i \ C� �F4 , � I . �F MA 'v ✓ ( I jR,N?uiLLA ocr ILLA I - NO Oc�l III f �Q I ; ROAD I I �� �I ' I i j R`F I g AO n E V Il h � 2 e I VENAO L� ^ �_ °Ap M 1 /�ICOPIti 1 1 f REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C-8 Through: Andrew J. Takata Meeting pate: 03/28/95 City Manager File Number: ZC 94004 From: Henry Engen to- Community Development Director SUBJECT: Adoption of an ordinance amending the Zoning Map by rezoning sub- ject real property from R&F-Z to 'CT. RECOMMENDATION• Approval and adoption of Ordinance No. 285 on second reading. BACKGROUND: On March 14, 1995, the City Council conducted a public hearing on the above-referenced subject. The Council concurred with the Planning Commission's recommendation and approved Ordinance No. 285 on first reading. HE:ph Attachment: Ordinance No. 285 00012'7 ORDINANCE NO. 285 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAP BY REZONING CERTAIN REAL PROPERTY AT 6000 SAN PALO ROAD FROM RSF-Z (RESIDENTIAL SINGLE FAMILY, LOW DENSITY) TO CT (COMMERCIAL TOURIST) (Zone Change #94004; Summers) WHEREAS, the propgosed zoning text amendment proposes standards that are coMstent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment-is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment does not have a potential to result in a significant adverseeffect on the environment and the Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on February 21, 1995 and has recommended approval of Zone Change #94004. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning designations. 2. The proposal is consistent with the General Plan Land Use Element. 3. The proposal will not result in any significant adverse environmental impacts; the Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. The City' s Official Zoning Map is hereby amended to reclassify the parcel listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. APN 049-222-046: Ptn. of Lots 1 & 2, Block 2, AC 0001112-18 0000,75."' F Ordinance No. 285 Page 2 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, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 316933 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 the 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 Councilperson and seconded by Councilperson , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY; OF ATASCADERO By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk 000129 Ordinance No. 285 Page 3 APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director 0001jo Y e�iI�I�S�,y l • � • ' • �'i��Y► �1`►`til �� man LV loll WHIM 11 IIIIgloom. onsoman ' 7�