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HomeMy WebLinkAboutAgenda Packet 01/01/1996 3 PUBLIC REVIEW COPY CDtNltQ1' ATASCADERO CITY COUNCIL REGULARMEETING I JANUARY 9, 1996 CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM 7:00 P.M. David HaroldGeorge Ray George Bewley Carden Highland Johnson Luna This agenda is prepared and posted pursuant to the requirements of Government code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description`of each item, the action that maybe taken shall include;' A referral to staff with specific requests for information;continuance specific direction to staff cone ming the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements.pertaining to the item; adoption or approval; and, disapproval • Copies of the staff reports or other documentation relating to each r rem 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 City Hall business hours. The City Clerk will answer any questions regarding the agenda. in compliance with the Americans with Disabilities Act,if you need sl ecial assistance to participate in a'City meeting or other services offered by this City, please ontact the City Manager's Office, (805)461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours"prior to the meeting or time when services are needed wi assist the City staff in assuring that reasonable arrangements can be made to provide ac ssibility to the meeting or service. CLOSED SESSION - 6:30 P.M. (41 Floor Club Rm ): 1. CONFERENCE WITHLEGALCOUNSEL - DISCUSS POSSIBLE INITIATION OF LITIGATION: One (1) potential case 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property (3): APN 028-361-005; APN 028-201-005; APN 028- 41-008 Negotiating parties: City of Atascadero/Atascadero Mutual Water Co`. Under negotiation: `Terms 3. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: City Manager Employee organization: Management REGULAR SESSION -`7:00 P.M.: (Please see Rules of Public Part ",n back page) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COMMUNITY FORUM: (Please see Rules of Public Partic9afion, back page) Deputy City Attorney: Status report on the adult book store (verbal) A. CONSENT CALENDAR: All matters listed under Item A, Consent Calendar, are considered to be routine and will be enacted by one motion in.the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which sha# then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1. CITY COUNCIL MINUTES --November 28, 1995 (City Clerk's recommendation: Approve) 2. NORTH COUNTY COUNCIL MINUTES November 30, 1995 (City Clerk's recommendation: Approve) 3. CITY TREASURER'S REPORT - October, 1995 (City Treasurer's recommendation: Review & accept) 4. CITY TREASURER'S'REPORT - November, 1995 (City Treasurer's recommendation: Review& accept) 5. RESOLUTION NO. 03-96 - Awarding the annual street striping contract to Pounds Construction (Staff recommendation: Adopt) 6. ACCEPTANCE OF THE AMAPOA/TECORIDA INTERIM IMPROVEMENTS (Staff recommendation: Accept as complete) B. PUBLIC HEARINGS: 1. APPEAL OF PLANNING COMMISSION`APPROVAL'OF C.U.P. 95-008, PROPERTY NEAR INTERSECTION OF TRAFFIC WAY & OLMEDA (StafflPlanning Commission recommendation: Uphold appeal) 2. CONSIDERATION OF ZONE CHANGE AND VARIANCE APPLICATIONS TO ESTABLISH A RECREATION VEHICLE PARK ON MARCHANT AVE., BETWEEN' TECORIDA AND ALCANTARA AVENUES A. Ordinance No. 296 - Amending Planned Development Overlay Zone No. 10 with respect to the master plan of development and allowable uses affecting certain real property located at 5000, 5020, 5040 and 5060 Marchant Ave. (ZC #95012: Gearhart) (Planning Commission recommendation: Deny) (Staff recommendation: Introduce Ord. No. 296 on first reading by title only) B. Variance #95002 (Planning Commission recommendation: Take no action) (Staff recommendation: Approve) 2 C. REGULAR BUSINESS:` 1. RESOLUTION NO. 44-96 - Supporting participation in the Regio ial Network Consortium (Staff recommendation: Adopt,or take no action) ' I 2. RESOLUTION NO. 01-96 - Authorizing allocation of funds for th purchase of Stadium Park' (Staff recommendation: Adopt) 3. PROPOSAL FROM THE ATASCADERO HISTORICAL SOCIETYTO NAME THE CITY ADMINISTRATION BUILDING IN HONOR Of E.G. LEWIS (Staff recommendation: Provide staff direction) 4. REQUEST FROM ATASCADERO HIGHSCHOOL TO CLOSE EL CAPANO REAL ON 11/2/96 FOR PARADE & BAND REVIEW (Staff recommendation: Provide staff direction) D. COMMITTEE REPORTS (The following represent standing comm ttees. Informative status reports will be given, as felt necessary,): 1. S.L.O. Council of Governments/S.L.O.`Regionat Transit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 4. Economic Round Table 5. Finance Committee 6. Air Pollution Control District 7. North County Council 8. Ad-Hoc Regional Water Management Committee 9. Integrated Waste Management Authority E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk -4. City Treasurer' 5. City Manager 3 RULES OF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments as a citizen.. To Increase the effectiveness of your partic4m on, please familiarize yourself with; the following rules of decorum.- 0 Members of the audience may speak on any item on;the agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). O Persons 'wishing to speak' should step to the podium and state their name and address, for the official record. O All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. O No person shall be permitted to make slanderous, profane or personal remarks against any elected:official,,commissions and staff. O A person may speak for five (5), minutes. O No I one may speak for a second time until everyone wishing to speak has had an opportunity to do so,,and no one may speak more than twice on any item. O Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. 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 comments from the public on matters other than scheduled agenda items. O A maximum of 30 minutes will be allowed for Community forum, unless Council authorizes an extension. O State law does not allow the Council to take action on issues not on the agenda;;staff may be asked to follow up on such item. i i Agenda Item: A-1 Me ting Date: 01/09/96 I ATASCADERO CITY COUNCIL NOVEMBER 28, 1995 MINUTES CLOSED SESSION: The City Council met in Closed Session at 6:30 p.m. for purposes of d scussions pertaining to: CONFERENCE WITH LEGAL COUNSEL - Discuss potential litigati n: One (1) potential case Closed Session was adjourned at 6:45 p.m. REGULAR SESSION: The Mayor called the meeting to order at 7:00 p.m. and led the Pledge ol Allegiance. ROLL CALL: Present: Councilmembers Carden, Johnson, Luna anc Mayor Highland Absent: Councilmember Bewley (illi Also Present: Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Steve DeCarnp, City Planner; Art Montandon, City Attorney; Roy Hanley, As istant City Attorney Brady Cherry, Director of Community Services; Brad Whitty, Finance Director; Mike McCain, Fire Chief; Lt. John Barlow, Police Department and John Neil,Assistant ity Engineer CC 11/28/95 Page 1 Deputy City Attorney: Status report on the adult book store (verbal) Roy Hanley provided a brief status report relevant to staff's progress on drafting the permanent ordinance to regulate adult businesses. He mentioned that the ordinance is on track and should come forward in January of 1996. COMMUNITY FORUM: Ray Jansen, 6655 Country Club Drive, provided a report on museum activities and spoke in support of expanded promotion. Terril Graham, 6205 Conejo Road, questioned why prisoners are not held in the police facility jail rather than being transported to the County Jail. He observed that at $140.00, this practice costs too much. Lt. Barlow reported that most arrests are held in the City's facility, but noted that felony offenders are required to be transported to the County Jail In addition, he clarified that the fee for transport is $85.00. Tom Austin, 10780 EI Camino Real, submitted a citizens' advisory petition opposing the proposed bookstore signed by approximately 1,000 individuals. Regina Foster, Paso Robles resident, suggested that the use of the words, "moving pictures" [as it relates to "vending machines"] be included in the permanent ordinance staff is now drafting to regulate adult businesses. The Assistant City Attorney noted that this language has been incorporated. ---End of Public Testimony--- A. CONSENT CALENDAR: The Mayor read the Consent Calendar, as follows: 1. NOTIFICATION OF GENERAL PLAN AMENDMENTS RECEIVED PRIOR TO THE CYCLE DEADLINE OF OCTOBER 1,1995 (Staff recommendation: Receive and file) 2. TENTATIVE PARCEL MAP 95005,8775 COROMOAR RD. - Consider request to divide a 1.14 acre parcel into two (2) lots of 9.59 and 0.53 net acres for single-family residential use. (Shores/Sholders Survey) (Planning Commission recommendation: Approve) CC 11/28195 Page'2 3. AWARD OF BID FOR PURCHASE OF ALARM DIALERS (Staff recommendation: Approve) The Mayor announced that Councilman Carden wished to discuss Item #1 and noted that it would be moved to the first item under the Regular Business agenda. Councilman Luna pulled Item #2. MOTION: By Councilman Johnson, Councilman Luna to approve Item #A-3; motion carried 4:0 by roll cal/vote. Re: Item #A-2.TENTATIVE PARCEL MAP 95005, 8775 COROMOAR RD. - Consider request to divide a 1.14 acre parcel into two (2) lots of 9.59 and 0.53 net acres for single- family residential use. (Shores/Sholders Survey) (Planning Commission recommendation: Approve) Staff responded to questions from Councilman Luna about the original lot and new lot configurations. Councilman Luna expressed approval of the subdivision and compared it, by contrast, to a previously considered tentative map (TTP 95004/8295 Marchant) set for public hearing December 12, 1995. MOTION: By Councilman Luna, seconded by Councilman Carden to approve Tentative Parcel Map 95005 based on the Findings and Conditions of approval contained in the staff report; motion passed 4:0 by roll call vote. B. PUBLIC HEARINGS: None Scheduled C. REGULAR BUSINESS: Re: Item #A-1. NOTIFICATION OF GENERAL PLAN AMENDMENTS RECEIVED PRIOR TO THE CYCLE DEADLINE OF OCTOBER 1, 1995 (Staff recommendation: Receive and file) Steve DeCamp provided a brief report. Councilman Carden suggested that the Council consider initiating two additional general plan amendments: 1) change the zoning from residential to commercial or industrial park on property north of Traffic Way to the river (from the "Davis Ranch" to the "Rochelle property"; and 2) extend the Urban Services Line on the west side of Highway 101 and north to Ramona Road. Mayor Highland objected due to procedural grounds indicating that the filing period had CC 11/28/95 Page 3 closed two months ago. Councilman Luna agreed and voiced disapproval. Councilman Carden argued that he had met with staff to draw up a map for presentation at the next meeting. He added that staff has advised that now is the appropriate time for Council to initiate general plan amendments. Discussion ensued. MOTION: By Councilman Carden, seconded by Councilman Johnson to direct staff to bring back two general plan amendment requests for further review and potential inclusion in the next General Plan update; motion carried 3:1 (Councilman Luna, opposed). Mayor Highland noted that he had reluctantly voted in favor of the motion because it would allow the matter to be brought back for further consideration at the next meeting. 1. STATUS REPORT ON THE AMAPOA/TECORIDA INTERIM DRAINAGE IMPROVEMENTS (Staff recommendation: Accept staff report) John Neil provided the status report. There were no questions or comments from Council or public. 2. REQUEST TO REMOVE WEED ABATEMENT CHARGES FOR APN 050,051,005 (Mortorff) and TO DISCUSS WEED ABATEMENT POLICY (Staff recommendation: Provide direction) Chief McCain provided the staff report and responded to questions about the weed abatement policy and process. The City Attorney responded to questions regarding assessment procedures. He noted that because of the "window period" between the time in which the City forwarded the adopted resolution placing the charges on the County tax rolls and the time Mr. & Mrs. Mortorff purchased the property, the assessment would not have appeared on the title report. He explained that assessments, like taxes, do not become a lien until said become delinquent. Public Comments: Denise Mortorff, 7910 Balboa, addressed the City Council regarding weed abatement charges assessed on her property. She requested that the $452.00 charge be removed as she was not the legal owner at the time the property was abated. Mrs. Mortorff also voiced concerns about the weed abatement policy and contended that the City was using old tax record information. She suggested that the policy be revised to provide for greater efforts on the part of staff to acquire the most up-to-date information relative to changes in ownership and CC 11/28/95 Page 4 that weed abatement charges be placed on properties as a lien and not an assessment. Mrs. Mortorff also offered her personal expertise at no cost to the City in an effort to improve the process so that situations like this do not arise again. ---End of Public Testimony--- Staff responded to additional questions from Council. Individual comments followed. MOTION: By Councilman Carden, seconded by Councilman Luna to deny request to remove the weed abatement charges. Discussion: Councilmember Luna requested that staff be directed to review the policy so that this circumstance does not happen again. The Fire Chief reported that Fire Department staff and the City Attorney have already met to review the policy. The City Manager added that staff can also look at the pros and cons of liens versus assessments and bring the matter back. Vote on the motion: Motion to deny approved 4:0. There was consensus to bring the policy back for review. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports were given, as follows.): 1. County Water Advisory Board - Mayor Highland announced that the board would meet the following week. 2. Economic Round Table - Councilman Johnson provided a brief report on the meeting of the November 15, 1995. 3. Air Pollution Control District - The Mayor reported that the APCD would meet on December 13, 1995. 4. North County Council - The Mayor noted that the full body of the North County Council would meet Thursday, 11/30/95, in Atascadero, E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council Members of the City Council commented favorably about the Christmas Tree Lighting Ceremony held in Sunken Gardens. Councilman Luna requested that staff write a letter to CalTrans expressing concern about pedestrian safety at Rosario and EI Camino Real. CC 11/28/95 Page 5 THE MEETING WAS ADJOURNED AT 8:25 P.M. THE ATASCADERO CITY COUNCIL WILL MEET NEXT WITH THE NORTH COUNTY COUNCIL ON THURSDAY, NOVEMBER 30, 1995 AT 7:00 P.M. MINUTES RECORDED AND P PARED BY: LEE PRICE, CMC City Clerk CC 11/28/95 Page 6 oA NGITEM�AGENDA _. NORTH COUNTY COUNCIL CITIES OF EL PASO de ROBLES & ATASCADER TEMPLETON COMMUNITY SERVICES DISTRIC NORTH COUNTY SUPERVISORS THURSDAY, NOVEMBER 30, 1995 MINUTES Chairman Steve Martin called the meeting to order at 7:08 p.m. Delegate Tina Salter led the Pledge of Allegiance. ROLL CALL: Templeton Community Services District: Present: Directors Engels, Gannon, Thompsc n, Bergman and President Beere Absent: None City of EI Paso deRobles: Present: Councilmembers Picanco, Martin, Iverson, Mayor ProTem Heggarty and Mayor Macklin Absent: None City of Atascadero: Present: Councilmembers Carden, Johnson, Luna and Mayor Highland Absent: Councilmember Bewley San Luis Obispo County Board of Supervisors: Present: Delegates Salter and Montague Absent: Supervisors Ovitt and Blakely COMMUNITY FORUM: Pat Mackie, Paso Robles resident, spoke regarding the safety of Highway 46 East and recommended that the North County Council urge CalTrans to sep 3rate the lanes. NCC 11/30/95 Page 1 BUSINESS: 1. ECONOMIC DEVELOPMENT a) Presentation of the City of EI Paso de Robles Economic Strategy Plan Richard Ramirez,-City Manager, provided an outline of the economic strategy plan. He summarized the program and its goals. b) Presentation by Dale Ward, Acting Executive Director, on the Economic Vitality Corporation Dale Ward summarized goals and objectives for this new countywide, non-profit organization. After responding to brief questions, Mr. Ward suggested that all cities in the North County consider the adoption of a joint resolution acknowledging the need for and in support of the adoption of a countywide economic strategy plan. There were no public comments. Discussion ensued. MOTION: By Councilmember Carden, seconded by Mayor Macklin to direct staff to put together a resolution that promotes economic development in the North County citing specifically, the compilation of information on development sites, incentive plans, support for higher education and better utilization of the Paso Robles Airport; motion passed unanimously. MOTION: By Councilmember Heggarty, seconded by Mayor Highland to direct staff to prepare a separate resolution supporting the placement of a college campus in the North County and, further, to forward copies to representatives in Sacramento upon adoption; motion passed unanimously. Chairman Martin and Mayor Macklin volunteered to form an ad-hoc sub-committee to shepherd the efforts of compiling a data base of development sites and incentive plans. i 2. WATER RESOURCES a) Report from the newly-formed ad hoc Regional Water Management Committee Atascadero's Mayor George-Highland reported that the ad hoc committee had met on November 8, 1995 for the purpose of establishing its membership and goals. The next meeting is December 6, 1995, he added. NCC 11/30/95 Page 2 Public Comments: Pat Mackie emphasized that the committee should focus not on quantity but quality. Bob Idel, 9685 Nacimiento Lake Drive, spoke on behalf of the Nacimiento Property Owners Association in regards to the proposed location of the Nacimiento water treatment plant. b) Proposal by Bob Finley and John Swank of Water Resources, Inc. regarding water resources Bob Finley reported that Water Resources, Inc. is a water wholesale company and summarized a proposal that would involve leasing water from farmers on a royalty basis to sell to municipalities. He explained that the quality of the water is guaranteed and noted that the lease/purchase arrangement would have to be approved by local agencies. He and Water Resources, Inc. President John Swank responded to questions from the Council. Public Comments: Pat Mackie reminded the Council that the goal is to keep North County water from going over the grade. Pete Cagliero, San Miguel resident, shared concern about the proposal and its impact on the local farming community. Debbie Soloman, York Mountain resident, voiced opposition to the transfer of water to other watersheds. Dawn Smugg, Paso Robles resident, urged the Council to carefully weigh proposals of this nature and avoid rushed decisions. Lester Rougeot, Green River Mutual Water Company, expressed opposition to the proposal. Hans Granther, Shandon farmer, spoke in support of the proposal. ---End of Public Testimony--- Chairman Martin assured members of the audience that the North County Council would not be taking action on this proposal and suggested that the proposal be considered by the ad hoc Regional Water Committee. MOTION: By Delegate Montague, seconded by Mayor Highland to refer the matter for evaluation by the ad hoc water management sub- committee; motion carried unanimously. NCC 11/30/95 Page 3 At 8:50 p.m., Chairman Martin called a recess. The meeting was reconvened at 9:05 p.tn. 3. Cuesta Grade Improvements - Summary Report from Caltrans, District 5 Office, relative to the Draft Environmental Impact Statement Steve Devencenzi, San Luis Obispo Council of Governments, introduced Greg Albright of CalTrans, who summarized various alternatives, key issues and design approaches for road improvements on the Cuesta Grade. He announced that the Draft Environmental Impact Report (DEIR) will be available December 8, 1995 for review and further explained that public comment will be accepted from that date until March 8, 1996. Mr. Albright also mentioned that "open house-style" public hearings will be held on January 17, 1996 at the San Luis Obispo Veterans' Hall and on January 20, 1996 at the Atascadero City Administration Building. Questions followed. Public Comments: Pat Mackie indicated that while he was pleased to see less-expensive options for consideration, he had some concern for the safety of cyclists on the Cuesta Grade. Bob Roos suggested that it would be worthwhile, for comparison's sake, to include the option,of a full six-lane freeway on the grade. ---End of Public Testimony--- Greg Albright emphasized that CalTrans is looking for countywide consensus on an alternative. Steve Devencenzi noted that he would be contacting staff in each jurisdiction to schedule the matter for formal discussion. 4. Organizational structure of the North County Council - General discussion relative to rotation of chair After brief discussion, there was consensus to amend the North County Council By- Laws to include the following provisions: 1) Executive committee members will be appointed by their respective legislative body, or County supervisor, in January of year. 2) The chairperson will be elected by the executive committee in January. 3) The chairperson may serve consecutive terms. 5. Individual Determination City of Atascadero - Mayor Highland announced that the Atascadero City Council would meet in a special meeting following adjournment to take action of a matter of urgency. THE MEETING OF THE NORTH COUNTY COUNCIL WAS ADJOURNED AT 9:48 P.M. THE NEXT MEETING OF THE EXECUTIVE COMMITTEE WILL BE THURSDAY, JANUARY 18, 1996 IN TEMPLETON. NCC 11/30/95 Page 4 ATASCADERO CITY COUNCIL SPECIAL MEETING: SUBJECT: Authorization of an agreement with USDA Natural Resources Conservation Service for City sponsorship of emergency watershed protection project near Carmelita Avenue and Atascadero Creek in Atascadero. Art Montandon, City Attorney, provided the staff report and urgency findings. MOTION: By Councilman Luna, seconded by Councilman Johnson to adopt Resolution No. 112-95 authorizing a Project Agreement for the Carmelita Avenue Homes Emergency Watershed Protection (ESW) Project; motion carried 4:a The meeting was adjourned at 9:50 p.m. MI YTES'R,ECO DED ND PREPARED BY: t LEE PRICE, CMC City Clerk City of Atascadero NCC 11/30/95 Page 5 I REPORT. TO CITY COUNCIL CITY OF ATASCADERO Agenda Item A-3 Through: Rudy Hernandez, City Treasurer Meeting Date: 1/8/96 From: Brad Whitty, Finance Directoy—* SUBJECT: Treasurer's Report - October, 1995 RECOMMENDATION: Council review and accept. Attachment: Treasurer' s Report, October, 1995 • 000001 CITY OF ATASCADERO TREASURER'S REPORT FOR THE MONTH OF October,1995(Unaudited) GENERAL FISCAL ACCOUNT INVESTMENTS AGENT TOTAL BEGIN.BALANCE 393,297 4,697,442 512,019 5602758 RECEIPTS 726,898 78,880 1,031 806809 DISBURSEMENTS -871,313 0 0 -871313 TRANSFERS IN 300,000 0 0 300000 TRANSFERS OUT 0 300,000 0 300000 OTHERS 0 0 0 0 ENDING BALANCE 548,882 4,476,322 513,050 5,538,254 DEPOSITS 1N TRANSIT 74,295 CHECKS OUTSTANDING -270,071 ADJUSTMENTS -5,306 ADJUSTED TREASURER'S BALANCE $5,337,172 Cl F ATASCADERO Y HE • City T rer 000002 RESERVED UNRESERVED FUNDS CASH (1) CASH(2) General Fund Pooled Cash $424,160 Gas Tax Fund Pooled Cash 64,590 Development Fee Pooled Cash 58,278 Donations Pooled Cash 3,218 A.D.#4-Reserve Pooled Cash 42,109 Zoo Enterprise Pooled Cash -26,426 Camino Real Reserve 4,685 92 St.A.D.Resrv.Pooled Cash 45 Payroll Trust Pooled Cash -20,045 TRAN Repayment Pooled Cash 366 94 CDBG Pooled Cash 153,036 93 STBG-688 Pooled Cash 15,889 93 EDBG-268 Pooled Cash 975 Dial-A-Ride Pooled Cash 127,751 Wastewater Fund Pooled Cash 1,351,688 Lake Park Pavil.Pooled Cash -21,488 Aquatics Pooled Cash -18,564 Recreation Pooled Cash -76,555 Tree Plant Fund Pooled Cash 29,683 Tree Assn.Fund Pooled Cash -261 Sidewalk Trust Pooled Cash 40,876 Emergency Services Pooled Cash -2,534 Police Training Pooled Cash -8,250 Weed Abatement Pooled Cash 5,027 A.D.#3 Redempta.Pooled Cash 7,729 A.D.#4 Redemptn.Pooled Cash -7,646 A.D.#5 Redemptn.Pooled Cash -2,904 Camino Real Redempt Pooled Cash 23,535 92 Street A.D.Redemptn.Pooled Cash 7,134 Santa Ana A.D.#7 -107 89 COP Debt Svc.Pooled Cash -54,160 Capital Project Pooled Cash -38,428 Pol.Dev.Fees Pooled Cash 9,630 Fire Dev.Fees Pooled Cash 38,421 P&R Dev.Fees Pooled Cash 70,437 Drain.Dev.Fees Pooled Cash 322,056 Amapoa-Tec.Fee Pooled Cash 217,505 Public Works Pooled Cash -613 St Main.Dist.Pooled Cash 40,507 TDA Non-Transit Pooled Cash 31,163 Sewer Facilities Capital 1,925,516 Camino Real Const.Pooled Cash 11,121 Las Encinas Const.Pooled Cash 14,243 3-F Meadows Const.Pooled Cash 11,649 Santa Rosa A.D.#7 Pooled Cash 49,081 TOTAL ALL FUNDS $123,982 $4,700,140 CASH WITH FISCAL AGENT Camino Real Resr.Cash 202,766 92 St.A.D.Resvr.Cash 45,685 Wastewater Fund Cash 67,254 Camino Real Redem.Cash 33 92 St.A.D.Redm.Cash 115 89 COP Debt Serv.Cash 197,197 TOTAL WITH FISCAL AGENT $513,050 TOTAL OF ALL CASH $5,337,172 000003 INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND 10/31/95 INTEREST TIME DEPOSITS: AMOUNT RECEIVED Orange County Investment Pool/TRAM $ -0- $1, 609 (6) Orange County Investment Pool -0- 51, 206 (6) Local Agency Investment Fund - Reg. 4, 476, 323 143, 600 Local Agency Investment Fund - TRAN -0- (3) TOTAL TIME DEPOSITS $4, 476, 323 1961415 Mid-State Interest Received 3, 798 TOTAL INTEREST RECEIVED $200, 213 (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 a $1, 210, 000. Tax Revenue Anticipation Note (TRAN) from this fund including $56, 518 interest at 4.75 per annum by June, 1996. (4) October, 1995 interest yields were as follows: Orange County Not available LAIF 5.78% Mid-State 2.53% (5) This is actual amount deposited to City accounts 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 recognized a loss of $1, 155, 283. 04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition interest for the period from December 1, 1994 through July 20, 1995. 000004 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item A-4 Through: Rudy Hernandez City Treasurer Meeting Dat s 1/8/96 From: Brad Whitty, Finance Director SUBJECT: Treasurer's Report - November, 1995 RECOMMENDATION• Council review and accept. Attachment: Treasurer's Report, November, 1995 I i i 000005 CITY OF ATASCADERO TREASURER'S REPORT FOR THE MONTH OF November,1995(Unaudited) , GENERAL FISCAL ACCOUNT INVESTMENTS AGENT TOTAL BEGIN.BALANCE 548,882 4,476,322 513,050 5,538,254 RECEIPTS 851,782 0 3,960 855,742 DISBURSEMENTS -982,734 0 0 -982,734 TRANSFERS IN 0 0 0 0 TRANSFERS OUT 0 0 0 0 OTHERS 0 0 0 0 ENDING BALANCE 417,930 4,476,322 517,010 5,411,262 DEPOSITS IN TRANSIT 14,257 CHECKS OUTSTANDING -368,566 ADJUSTMENTS -4,033 ADJUSTED TREASURER'S BALANCE S5,052,920 C ATASCADERO Y AND City urer 000006 RESERVED UNRESERVED CASH (1) CASH(2) FUNDS General Fund Pooled Cash $219,448 Gas Tax Fund Pooled Cash 68,301 Development Fee Pooled Cash 77,449 Donations Pooled Cash 4,128 A.D.#4-Reserve Pooled Cash 43,013 Zoo Enterprise Pooled Cash 43,523 Camino Real Reserve 4,685 92 St.A.D.Resrv.Pooled Cash 45 Payroll Trust Pooled Cash 3,507 TRAN Repayment Pooled Cash 366 93 STBG-688 Pooled Cash 12,533 94 CDBG Pooled Cash 93,045 95 CDBG Pooled Cash 34,114 93 EDBG-268 Pooled Cash 990 Dial-A-Ride Pooled Cash 101,696 Wastewater Fund Pooled Cash 1,333,504 Lake Park Pavil.Pooled Cash -22,097 Aquatics Pooled Cash -18,646 Recreation Pooled Cash -92,071 Tree Plant Fund Pooled Cash 30,319 Tree Assn.Fund Pooled Cash -239 Sidewalk Trust Pooled Cash 41,781 Emergency Services Pooled Cash -6,897 Police Training Pooled Cash -7,739 Weed Abatement Pooled Cash 14,334 A.D.#3 Redemptn.Pooled Cash 7,779 A.D.#4 Redemptn.Pooled Cash -2,884 A.D.#5 Redemptn.Pooled Cash -2,849 Camino Real Redempt.Pooled Cash 23,830 92 Street A.D.Redemptn.Pooled Cash 6,421 Santa Ana A.D.#7 -938 89 COP Debt Svc.Pooled Cash -56,306 Capital Project Pooled Cash -61,830 Pol.Dev.Fees Pooled Cash 9,666 Fire Dev.Fees Pooled Cash 39,180 P&R Dev.Fees Pooled Cash 70,811 Drain.Dev.Fees Pooled Cash 329,169 Amapoa-Tec.Fee Pooled Cash 222,117 Public Works Pooled Cash -1,103 St.Main.Dist.Pooled Cash 41,491 TDA Non-Transit Pooled Cash 31,997 Sewer Facilities Capital 1,900,891 Camino Real Const.Pooled Cash 16,003 Las Encinas Const.Pooled Cash 16,429 3-F Meadows Const.Pooled Cash 13,332 Santa Rosa A.D.#7 Pooled Cash 50,027 TOTAL ALL FUNDS $120,082 $4,415,827 CASH WITH FISCAL AGENT Camino Real Resr.Cash 202,766 92 St.A.D.Resvr.Cash 45,685 Wastewater Fund Cash 71,214 Camino Real Redem.Cash 33 92 St.A.D.Redm.Cash 115 89 COP Debt Serv.Cash 197,197 TOTAL WITH FISCAL AGENT $517,010 TOTAL OF ALL CASH $5,052,920 000007 INVESTMENTS TIME DEPOSITS CERTIFICATES OF DEPOSIT, SAVINGS, AND LOCAL AGENCY INVESTMENT FUND 11/30/95 INTEREST TIME DEPOSITS: AMOUNT RECEIVED Orange County Investment Pool/TRAN $ -0- $1, 609 (6) Orange County Investment Pool -0- 51, 206 (6) Local Agency Investment Fund - Reg. 4, 476, 323 143, 600 Local Agency Investment Fund - TRAN -0- (3) TOTAL TIME DEPOSITS $4, 476, 323 196, 415 Mid-State Interest Received 4, 681 TOTAL INTEREST RECEIVED $201, 096 (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 a $1, 210, 000. Tax Revenue Anticipation Note (IRAN) from this fund including $56, 518 interest at 4.75 per annum by June, 1996. (4) October, 1995 interest yields were as follows: Orange County Not available LAIF 5.81% Mid-State 2.53% (5) This is actual amount deposited to City accounts 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 recognized a loss of $1, 155, 283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition interest for the period from December 1, 1994 through July 20, 1995. kJo0008 REPORT TO CITY COUNCIL Meeting Date: 1-9-96 CITY OF ATASCADERO Agend Item: A-5 Through: Andrew J. Takata, City Manager Via: Brady Cherry, Director of Community Services From: Valerie Humphreys Engineering Division SUBJECT• Award of Street Striping bid to Pounds Construction. RECOMMENDATION: Staff recommends that Council adopt Resolution No. 03-96 authorizing the execution of a contract with Pounds onstruction to provide street striping services. DISCUSSION: Annually the Street Division of the Comm nity Services Department compiles a listing of all of the pavement marking that need to be repainted and any changes that need to be made • This work was put out to bid and three bids wera received with Pounds Construction submitting the low bid. FISCAL IMPACT• Funds for this project are available in the 1995/96 Street Division Budget. Attachments: Resolution No. 03-96 Bid Summary 00000*9 RESOLUTION NO. 03-96 . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZINGTHE EXECUTION OF AN AGREEMENT WITH POUNDS CONSTRUCTION FOR STREET STRIPING SERVICES The City Council of the City of Atascadero, California hereby resolves as follows: 1. The City Manager is hereby authorized to execute an agreement with Pounds Construction for $26,475. 04 . 2 The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3 . - The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. 4 . The City Engineer is hereby ' authorized to approve contract change orders up to 10% of the contract amount. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 9th day of January, 1996. On motion by Councilman , and seconded by Councilman , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES_ NOES: ABSENT ADOPTED; 000010 Resolution No. 03-96 Page two ATTEST: CITY OF ATASCADERO BY: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO form: ARTHER R. MONTANDON City Attorney 000011 BID SUMMARY TO: Brady Cherry, Director Community Services Department FROM: Lee Price, City Clerk BID NO.: 95-07 OPENED: 12/21/95 PROJECT: Street Striping Three (3) bids were received and opened today, as follows: Bidder: Price: Pounds Construction $26,475.04 248 No. D Street Tulare, CA 93274 Safety Striping Service, Inc. 35,907.11 P.O. Box 669 Visalia, CA 93279-0669 Works Striping & Marking Service, Inc. 36,480.21 4270 Elton Street Baldwin Park, CA 91706 Attachments: 3 bids cc: Valerie Humphrey, Engineering 00-0012 REPORT TO CITY COUNCIL Mee ing bate: 01/09/96 CITY OF ATASCADERO Age da Item: A-6 Through: Andrew J. Takata, City Manager Via: Steven J. Sylvester, City Engineer From: John B. Neil, Assistant City Engineersg,J SUBIECT Acceptance of the Amapoa/Tecorida Interim Improvements RECOMMENDATION: Staff recommends that the City Council accept the subject ImprovemE nts as complete and requests authorization from Council to release the 10 retention in the amount of $3,109.86. DISCUSSION: Staff has reviewed the complete Amapoa/Tecorida Interim Improvements and determined the improvements to be in substantial conformance with the project plans and specifications. FISCAL IMPACT: Council Resolution No. 86-95 approved a construction contract with A. J. Excavating, Inc. in the amount of$32,628.01. Attendant expenses were estimate to be $4,187.00. The total project cost was estimated to be $39,077.81. (See Attachm nt B). Actual project expenditures were $36,866.77. ATTACHMENTS: Attachment A - 09/12/95 Staff Report Attachment B - Notice of Completion 000013 RECORDING REQUESTED BY: (and when recorded, mail to:) City Clerk CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 NOTICE OF COMPLETION NO TRANSFER OF PROPERTY Notice if hereby given pursuant to Civil Coe Section 3093. 1. The undersigned is corporate officer for the City of Atascadero, owner of property hereinafter described. 2. The full name of the owner is the City of Atascadero. 3. The full address of the owner is: 6500 Palma Avenue, Atascadero, CA 93422. 4. The nature of the interest of the owner is in fee. 5. A work of improvement on the property hereinafter described was completed on November 15, 1995. 6. The work done was improvement and replacement of drainage structures. 7. The name of the contractor who performed such work of improvement was A.J. Excavating, Inc. The date contract was entered into was .September 29, 1995 8. The property on which said work of improvement was completed was in the City of Atascadero, County of San Luis Obispo, State of California, and is described as follows: Atascadero Avenue and Morro Road, 9. The street address of said property is: Various. Dated: ANDREW J. TAKATA, City Manager City of Atascadero VERIFICATION I, the undersigned, say that I am the City Manager, declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at the City of Atascadero, California ANDREW J. TAKATA, City Manager City of Atascadero 93104NOC.DOC 000014 REPORT TO CITY COUNCIL Meeting Date: 09/12/95 CITY OF ATASCADERO Agenda Item: A-7 Through: Andrew J Takata, City Manager From: John Neil, Assistant City Engineerryg,,, SUBJECT: Bid Award - Amapoa/Tecorida Interim Drainage Improvements RECOMMENDATION: Staff recommends that Council adopt Resolution 86-95 authorizing the execution of a contract with A. J. Excavating to construct the Amapoa/Tecorida Interim Drainage Improvements. DISCUSSION: At their meeting of 06/27/95, Council directed Staff to implement interim measures to help reduce the flooding potential in the Amapoa/Tecorida basin prior to the onset of the 95/96 winter rains. Subsequently, the City Engineer directed the preparation of plans and specifications for the replacement of certain culverts and the remodeling of the adjacent existing drainage channel at Atascadero Avenue, and for the replacement of a driveway culvert at 7525 Morro Road (Highway 41). The completed plans divide the work into a Base Bid (Atascadero Avenue) and an Additive No. 1 (Morro Road). In accordance with Section 7 of the City Procurement and Purchasing Manual, and in accordance with the Municipal Code Section 2, Chapter 3A, the City Engineer solicited informal quotations from six engineering contractors who regularly perform work in and for the City. Five contractors responded to the solicitation. A copy of the letter requesting quotations and an itemized Bid Summary are included for reference as Attachments A and B. The bids have been checked for completeness and accuracy. The City Engineer finds the lowest responsible bidder to be A. J. Excavating with a bid of$ 28,628.01 for the Base Bid and $ 4,000 for Additive No. 1 - a total of $ 32,628.01. 000015 —#@ -- Report to City Council Meeting Date: 09/12/95 Page 2 FISCAL IMPACT: The projected fiscal impact is as follows: Construction Bid $32,628.01 Contingencies @ 10% 3.262.80 Subtotal $34,890.81 Contract Administration, Staking and Construction inspection @ 12% 4.187.00 Total $39,077.81 The work will be funded from the Amapoa/Tecorida Drainage Impact Fee Fund. ATTACHMENTS: Attachment A- Letter requesting bids Attachment B - Itemized Bid Summary Attachment C - Resolution 86-95 N:1RDK1931W.SRP 0U0016 Attachment >~� Amapoa/TecoL -Lda Interim Drainage 9/12/95 CITY OF A T A S C A D E R O 1818 [ 18 78 \ 5CAD DEPARTMENT of PUBLIC WORKS August 17, 1995 R. Baker Construction P.O. Box 419 Arroyo Grande, CA 93420 Subject: Amapoa/Tecorida Interim Drainage Improvements Dear Sir: The City of Atascadero is seeking quotations for the subject project under Section Seven Informal Bidding Procedures of the PUBLIC WORKS CONSTRUCTION BIDDING PROCEDURES portion of the City Procurement and Purchasing Manual. The quotation will consist of two parts, a Base Quotation and Additive No. 1. Any combination of the Base Quotation and Additive No. 1 may be awarded. The contractor submitting the lowest responsive quotation will be required to enter into a Construction Agreement with the City. The Base Quotation is for the removal of existing culverts under Atascadero Avenue and replacing them with three 30" corrugated plastic pipe (CPP) culverts. Improvements to the drainage channel adjacent to the culverts, construction of concrete headwalls, and placement of rip-rap is also included in the scope of work for the Base Quotation. Additive No. 1 is for the removal and replacement of an existing culvert under a private drive approach at 7525 Morro Road (Highway 41). The City is currently in the process of obtaining a CalTrans Encroachment Permit for this work. The Engineer's Estimate for the Base Quotation is $ 20,600, and for the Base Quotation plus Additive No. 1 is $ 24,500. If you wish to receive a quotation package, please contact the undersigned at (805) 239- 3127. The quotation package contains copies of a Construction Agreement, a Quotation Sheet (Exhibit A of the Construction Agreement), a Contractor's Licencing Statement and a Worker's Compensation Certificate. It also contains a Project Description, a set of Construction Notes, a set of the project Technical Specifications and separate plan sheets for the Base Quotation and for Additive No. 1. 6500 PALMA AVENUE • ATASCADERO, CA 93422 000017[ministration/Engineering:(805)461-5020 w... VVVV1'-tom August 17 1995 Page 2 All quotations must be delivered to the undersigned at 725 Creston Road, Suite B, Paso Robles, CA by 5:00 p.m. Friday, September 1, 1995. Very truly yours, —�a� e John B. Neil Assistant City Engineer cc: Andrew J Takata, City Manager 93104frm.ata 000018 i n +co fl C) fTl d o o O D a c o m m D W tQ Cm ➢ x < y o n c" n m v d m m O Q Ca 7 � n r N m r m m K m o. n m : O m Q (n n o m a m m ° N v _ v o n __ (� (D fl W a m n O N U fD j n o A < W Z Z N 01 oL -i U m < 7 o a3 o � Q N -{ H C^ m D o m 0m o p Z m L7 m o n Z O �. C ;'Dm W n " o O O o C: � O Z i w OT O v .. D x r m N o cn W © W C) D m c0� � o .D 0 O O m D m /1 QO O ( 0 0 o n y a) m o N p D m CL O m o rn o o U ^� V Z W o Z1 0 o o a --iN S7 0 N D z n lrn T D m m < D -n D 0 m m co Z sv O ` � n� 0 l< � w m o) m cn SIJ Z o (n w o 0 o 0 0 o o n n X X D Z 0 0 0 o w m o cn o o m N 0 C) 0 0 0 0 o cn o co o rn o 0 o Ol a) m • C7nCi 3 = wD ca p _ 0 v+ _ O P. <W n D N N m N d o O� ! 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O o Z O C O n N .0 (nN j , m D m a ctU O z o o (D Z 0 -i ° i w O 0 v N i D o m r m n CD to D rn n D m cn W O ton p o 2 D m (D a) N -U — w O O cu m o O O 0 0 0 rn O y < n n -� N c (0 (D m f rn o m ^> a Z W O �7 z o 0 O N D Z T T D { y rn D W m rn co -0 K _ z � O o 0 0 0 0 CA 0 0 0 0 N Z Z o a o 0 0 0 0 0 0 0 0 X 7 0 0 0 0 0 0 0 0 0 m N O O N O W p) O O O O O �, Q O s m o m X D CZ N N w `^ m o D m rn rn N N �o iv cn r �. O N O O N Of N V W 01 m N t0 N N m V v O O O taf N O O O O Z d 0 0 d O O o o a O O O O O m m 0 0 0 0 0 0 0 0 0 0 0 0 C/) z 0 C � Z ? D m m 0 m � z z O n D r T o 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 o o o o o Z L- 0 Z O A O � 0 m m O j cn � 0 0 o D co A o 0 0 0 0 0 0 0 0 0 0 0 0 n 0 0 0 0 0 o o o o o o m 0 0 0 0 0 0 0 0 0 0 0 0 0 c z --I m - m > O G) m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000020 $ $ g o 0 0 0 0 0 g g g 8 rt' ra RESOLUTION NO. 86-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH - A.J. EXCAVATING INCORPORATED FOR AMAPOA/TECORIDA INTERIM DRAINAGE IMPROVEMENTS The City Council of the City of Atascadero, California hereby resolves as follows: 1 . The Mayor is hereby authorized to execute an agreement with A.J. Excavating Incorporated for $32,628.01 . 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. 4. The City Engineer is hereby authorized to approve contract change orders up to 10% of the contract amount. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 12th of September, 1995. ATTEST: CITY OF ATASCADERO �! r By: LEE PRICE, City Clerk RAN JOf NSON, Mhyor; ProTem APPROVED AS TO FORM: ART ER R. M TAN N, City Attorney 000021 REPORT TO CITY COUNCIL 4 CITY OF ATASCADERO Agenda tem: B-i Through: Andrew J. Takata, City Manager Date: January 9, 1996 Via: Steven L. Decamp, City Planner From: Gary Kaiser, Associate Planner �'�'� File No CUP #95008 SUBJECT: Appeal of Planning Commission decision to eliminate the construction of public improvements as a condition of approving a Conditional Use Permit application. RECOMMENDATION: The appeal should be upheld and Conditional Use Permit #95008 should be approved based on the Findings and-conditions contained in the November 21, 1995 staff report. Alternative: Same as above with a re-wording of condition #13 tc allow public improvements to be completed, or bonded for, withi two (2) years of final CUP approval or upon completion of planne bike lane improvements along Traffic Way, whichever comes fi st BACKGROUND: On November 21, 1995, the Planning Commission held a: public hearing to consider a Conditional Use Permit (CUP) application for the establishment of a preschool/daycare facility at the intersection of Traffic Way and Olmeda Avenue. The staff report recommended the application be approved based on certain Findings and subject to certain conditions '(Attachment A) . Following public testimony and ensuing discussion, the Planning Commission voted 4:3 to approve the application based on Findings and conditions substantially different than those xecommended by staff. A follow-up letter sent to the applicant after the hearing shows how both the Findings and conditions were modified by the Commission majority (Attachment B) In addition to waiving public improvement requirements, the Planning Commission did not require modification of the proposed monument sign for Sign Ordinance compliance. The Planning Commission did, however, require additional landscaping in the parking lot area. Although these items do not appear to be primary concerns of the appellant, all aspects of t e Planning Commission' s approval are now open for reconsidera ion. 1 000022 DISCUSSION: The subject site was designated for high-density multiple family use in 1980 (prior to the establishment of the preschool) and has been ever since. It has always been the City' s policy that development in such areas include curb, gutter and sidewalk improvements to provide a safer separation between vehicular traffic and pedestrians, control drainage and establish continuity and order in these densely populated areas. At the , same time, it has always been the City's policy that development in single family residentialareas, where preschools are also allowable, not construct such improvements in order to maintain the City's unique and desirous rural atmosphere. At some'point after 1980, the applicant made a business decision to purchase this property for the purposes of establishing a preschool. The site's central location on the City's principal industrial arterial and in proximity to schools and downtown commercial uses probably seemed (and still seems) ideal for a preschool. However, had the applicant sought the proper approvals for the preschool (i.e. , applied for a business license) , she would have discovered that such a facility providing care to more than seven (7) children would require conditional use permit approval and would have to meet certain zoning requirements including but not limited totheconstruction of curbs, gutters and sidewalks. There is little question in staff's mind that recommended public improvements are reasonable, appropriate and necessary in this case. Furthermore, staff believes that such improvements ought to be required at this juncture, as opposed to through a future reconsideration, as the nexus for requiring such improvements is now. Although the issue of whether or not to require public improvements (i.e. , the construction of curb, gutter and sidewalk) was discussed by the Planning Commission at length, the possibility of establishing as reasonable time frame for compliance perhaps could be further explored by the Council,. Such a grace period would recognize planned bike lane improvements along_Traffic Way, and therefore reduce costs to the applicant, without compromising basic zoning requirements or broader and more long-term goals for 'safe and orderly development. Such an arrangement would also allow the applicant additional time to either finance the improvements or relocate the school to an,area where such improvements would not be required. Attachments: Attachment A November 21, 1995 Staff Report Attachment B November 22, 1995 Follow-up Letter Attachment C - Letter Appeal Planning Commission Action C:\cups\cup95008.cc 2 000023 CITY OF ATASCADERO Item: B. 1 STAFF REPORT FOR: Planning Commission Meeting Date: November 21, 1995 BY: Gary Kaiser, Associate Planner G+42% File No: CUP #95008 SUBJECT: Consideration of a conditional use permit application to establish a child care center for up to 24 children in a designated High Density Multiple Family area. RECOMMENDATION: The Planning Commission should: 1. Find that the Negative Declaration prepared for the project is adequate under the requirements of California' s Environmental Quality Act (CEQA) and that the project would not have a significant effect on the environment; 2. Approve Conditional Use Permit #95008 based on the Findings contained in Attachment F and subject to the Conditions of Approval contained in Attachment G; SITUATION AND FACTS: I. Applicant. . . . . . . . . . . . . .Judy Mora 2. Project Address. . . . . . . .5690 Traffic Way 3. Legal Description. . . . . .Ptn. Lots 24 & 25, Block LA, AC 4. Proposed Use Area. . . . . . 1,592 sq. ft. (existing house) 5. Zoning. . . . . . . . . . . . . . . . .RMF-16 6. General Plan . . . . . . . . . .High Density Multiple Family 7. Existing Use. . . . . . . . . . .Daycare < 12 kids (never approved) 8. Environmental Status. . .Negative Declaration posted October 17, 1995 1 000024 i ANALYSIS: The applicant proposes to establish a child care center for the daytime care of up to 24 children within an existing single family residence located at 5690 Traffic Way (Attachments A & B) . The subject residence is presently being used for daycare purposes without benefit of a conditional use permit and/or business license. The applicant is now seeking these approvals in response to enforcement actions taken by the City' s Compliance Official. As shown by Attachments A & B, the site is in an area designated by the General Plan for High Density Multiple Family use and is zoned RMF-16. Within the RMF-16 zone, preschools and daycare facilities serving more than six (6) children are listed as conditionally allowed uses. No physical changes to the building or site are proposed with the exception of a monument sign (Attachments C & D) . Building Code Compliance The project has been reviewed by the Plan Check Engineer and Fire Marshal, who advise that daycare facilities accommodating more than twelve (12) children must comply with E3 Occupancy requirements. Essentially, this means that fire alarms, smoke detectors and fire extinguishers will have to be installed. In addition, the building must have two (2) qualifying exits one ( 1) of which is handicapped accessible. Since none of the existing exits are handicapped accessible, a building permit will be required for the construction of a ramp. For appearance reasons, staff recommends the rear exit/entrance be made handicapped accessible rather than the front exit/entrance. Zoning Consistency As noted above, the proposed daycare facility is a conditionally allowed use in the RMF-16 zone. The special standards that apply to preschools and daycare facilities are contained in Section 9- 6. 125(c) of the Zoning Ordinance. Although the proposed use complies with minimum site area and fencing standards, parking and loading requirements are left to the discretion of the Planning Commission. Staff feels that ample parking areas exist on-site, but the parking lot area should be re-striped and a handicapped space designated. New construction within the RMF-16 zone triggers frontage improvement requirements as do substantial changes of occupancy. Since the existing residence was built prior to such requirements and the frontage has not been improved since, it is considered a nonconforming use. If the Planning Commission opts to approve the current application, the approval should be contingent on the: completion of such improvements to current City Standards. 2 000025 Proposed Sign The current. Sign Ordinance is silent with respect to commercial and public assembly uses in residential zones; the previous Sign Ordinance, however, addressed such signs specifically. In reviewing such sign applications, staff refers to the previous standards for guidance which allow monument signs with a maximum area of 32 square feet and a maximum height of five (5) feet. Whereas the previous sign standards allowed for free-standing monument signs, the current Ordinance requires that monument signs have a solid base on the ground. The proposed sign complies with size and height standards but is not proposed to have a solid base on the ground. The proposed sign should therefore be modified accordingly. Environmental Review An Initial Study has been conducted for the project and no potentially significant effects were identified. A' Negative Declaration has therefore been prepared for the project in accordance with the California Environmental Quality Act (CEQA) . CONCLUSIONS: With the Conditions of Approval recommended herein, the proposed use would comply with applicable zoning, building, and sign standards and appears to be very much compatible with surrounding land uses. ATTACHMENTS: Attachment A - Location Map (General Plan) Attachment B - Location Map (Zoning) Attachment C - Site & Floor Plan Attachment D - Proposed Sign Attachment E - Negative Declaration Attachment F - Findings for Approval Attachment G - Conditions of Approval cc: Judy Mora, applicant P.O. Box 1806 Atascadero, California 93423 CUP95008.sr 3 0000261 w �` `` e �►. oil INS IP MA V iamb .�•� . Op Fir \\1\\, IM Emil �II:11�/ d!0 w�1�1�� MOOT I"n'lol"IdE I � 1 � I � 1► 1�1��■�• ' it �.�11 �t ii � �� 1114 all me������� ATTACHMENT C CITY )F ATASCADERO SITE/FLOOR PLAN CUP #95008 COMMUNITY DEVELOPMENT DEPARTMENT.BAND- . aox ---, .,�► I _ P 1`KKr -» +• AAY YARD. ' erA• W.,rr,w krlsAtw q �� evrJr 1 ( , ��� y . PARK/Nb O Ml YARD I l O A•l , a ' OCMEDA ST. ze•,e 4 �' �' 000029 ATTACHMENT D PROPOSED SIGN CITI )F ATASCADERO CUP #95008 •drn a leftCOMMUNI'T'Y DEVELOPMENT DEPARTMENT, . a f KiD. ,S 5;3h -5x 6' v !n yl �, �, C -A6o .� rV�OU.YI+P4 Oh �i x 3� �1u� �tol,�woa� Q,.�a -Fr�►�►Qd Jr u�dF �auv1�-e� avl 4� X ► CHll.D CpRF. �o5s ► 4e� � 5 GOA . 46G ' X624 P 000030 ATTACHMENT E ` CITY R ATASC"ERO NEGATIVE DECLARATION ti CUP #95008 to ' "" COMMUNITY DEVELOPMENT � DEPARTMENT. - CITY OF ATASCADERO ' ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION COMMUNM DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO,CA 93422 (805)461-5035 APPLICANT: JUDY MORA PO BOX 1806 ATASCADERO, CA 93423 PROJECT TITLE: CONDITIONAL USE' PERMIT #95008 PROJECT LOCATION: 5690 TRAFFIC WAY PROJECT DESCRIPTION: ESTABLISH CHILD CARE CENTER CUP TO 24 CHILDREN) IN DESIGNATED HIGH DENSITY MULTIPLE FAMILY AREA. 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 eomulattvely considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly.. DETER?dINATION: 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. STEVEN L. DECAMP, CITY PLANNER Date Posted: OCT. 17, 1995 Date Adopted: CW I 1wI 000031 ATTACHMENT F - Findings for Approval Conditional Use Permit #95008 5690 Traffic Way (Mora) November 21, 1995 ENVIRONMENTAL FINDING: The proposed project will not have a significant effect on the environment. The Negative Declaration prepared for the project is adequate. FINDINGS• 1. The proposed project is consistent with the General Plan. 2. The proposed project, as conditioned, satisfies all applicable provisions of the Zoning Ordinance, Sign Ordinance and Building regulations. 3. The establishment, and subsequent operation and conduct of the use will not, because of circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed project, as conditioned, will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The proposed project is consistent with the City' s Appearance Review Guidelines. CUP95008. fin 000032 ATTACHMENT G - Conditions of Approval Conditional Use Permit #95008 5690 Traffic Way (Mora) November 21, 1995 CONDITIONS OF APPROVAL: 1. This approval allows the establishment of a daycare/preschool facility for up to 24 children within an existing single family residence located at 5690 Traffic Way (corner of Traffic Way and Olmeda Avenue) . The approved use shall maintain conformance with these conditions and all applicable provisions of the Atascadero Municipal Code. Any expansion or substantial modification of the use shall be subject to the approval of the Planning Commission. 2. A building permit shall be obtained for building alterations required to meet E3 Occupancy standards. A successful final inspection shall be received for such alterations prior to the issuance of a business license for the proposed use. All ordinary requirements of the City Building Division that are necessary to secure and final such a building permit shall be met. Building permit review shall ensure the building has exits in accordance with building/fire code requirements and that the building is accessible to the handicapped (including the striping of a handicapped parking space) . 3. The building entrance to be altered for handicapped accessibility shall not be the front entrance that faces Traffic Way. 4. A building permit and final inspection shall also be obtained for the proposed monument sign. The sign shall be modified, however, to either sit at grade or have a solid base on the ground. Engineering Conditions 5. All improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 6. The applicant shall enter into a Plan Check/Inspection Agreement with the City. Prior to issuance of the Conditional Use Permit, all outstanding plan check/inspection fees shall be paid. 7. An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. (Page 1 of 3) 000033 8. All improvements within the right-of-way shall be covered with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% Maintenance Guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineer' s estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City standard unit prices. The Guarantees posted for this project shall be approved by the City Attorney. 9. The relocation and/or alteration of existing utilities shall be the responsibility of the developer. 10. Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface as required by the City Engineer. 11. Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to issuance of the Conditional Use Permit. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 - Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include, but not be limited to the following: a. Traffic Way shall be improved from centerline to the property frontage in conformance with City Standard 406 (Collector) contiguous to the entire property frontage, or as approved by the City Engineer. Transitions shall be constructed where required to achieve a smooth join with existing improvements. b. Olmeda Avenue shall be improved from centerline to the property frontage in conformance with City Standard 405 (Local) contiguous to the entire property frontage, or as approved by the City Engineer. Transitions shall be constructed where required to achieve a smooth join with existing improvements. C. A sidewalk ramp in conformance with City Standard 420 shall be constructed at the intersection of Traffic Way and Olmeda Avenue. 12. A Mylar copy and a blue line print of the as-built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection. (Page 2 of 3) 000034 13. All public improvement work shall be completed prior to issuance of the Conditional Use Permit. 14. This Conditional Use Permit approval shall expire one ( 1) year from the date of final approval, unless: a. Substantial site work toward establishing the authorized use has been performed, as defined in Section 9-2. 114 of the Zoning Ordinance; or b. The project is completed, as defined in Section 9-2. 115 of the Zoning Ordinance; or C. An extension has been granted, as defined in Section 9- 2. 118 of the Zoning Ordinance; or d. A building moratorium is imposed on the project site. CUP95008.con (Page 3 of 3) r� 0000.35 CITY OF ATASCADERO 1979}-� COMMUNITY DEVELOPMENT DEPARTMENT November 22, 1995 . Judy Mora P.O. Box 1806 Atascadero, California 93422 RE: PLANNING COMMISSION ACTION -- CONDITIONAL USE PERMIT #95008 Proposed Childcare Center @5690 Traffic Way Dear Ms Mora: As you are well aware, the City's Planning Commission met last night and held a public hearing to discuss the above-referenced Conditional Use Permit application. Following public testimony. and ensuing deliberations, the Planning Commission voted 4:3 to conditionally approve the application. The Findings upon which said approval was based, and the conditions upon which said approval is contingent, were modified by the Commission and are significantly different than the Findings and conditions recommended by staff in the staff report (see attached revised Findings and conditions). Assuming no appeals, this action of the Planning Commission will become final on December 5, 1995. If you have questions about satisfying the conditions of approval and securing the necessary building permits and business license please feel free to call. In the meantime, thank you for your patience and cooperation throughout this process. Sincerely, C Gary Raiser� Associate Planner Enclosures: Revised Findings for Approval Revised Conditions of Approval 6500 PALMA AVENUE • ATASCADERO,CA 93422 Building Permits: (805)461-5040 Planning: (805)461-5035 Enforcement: (005)461-5034 Director. (805)461-5097 City Fax: (805)461-0606 000036 l � ATTACHMENT F - Revised Findings for Approval Conditional Use Permit #95008 5690 Traffic Way (Mora) Revised by Planning Commission @ November 21, 1995 Hearing ENVIRONMENTAL FINDING: The proposed project will not have a significant effect on the environment. The Negative Declaration prepared for the project is adequate. FINDINGS: 1. The proposed project is consistent with the General Plan. 2. The proposed project, as conditioned, satisfies all applicable provisions of the ign Ordinance and Building regulations. Strict adherence to Zoning Ordinance standards relative to curb, gutter and sidewalk improvements is not necessary nor appropriate in this particular case. 3. The establishment, and subsequent operation and conduct of the use will not, because of circumstances and conditions appliedin the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed project, as conditioned, will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The proposed project is consistent with the City's Appearance Review Guidelines. CUP95008.fi2 00003'7 ATTACHMENT G - Revised Conditions of Approval Conditional Use Permit $95008 5690 Traffic Way (Mora) Revised by Planning Commission @ November 21, 1995 Hearing CONDITIONS OF APPROVAL: 1. This approval allows the establishment of a daycare/preschool facility for up to 24 children within an existing single family residence located at 5690 Traffic Way (corner of Traffic Way and Olmeda Avenue) . - The approved use shall maintain conformance with these conditions and all applicable provisions of the Atascadero Municipal Code. Any expansion or substantial modification of the use shall be subject to the approval of the Planning Commission. 2. A building permit shall be obtained for building alterations required to meet E3 Occupancy standards. A successful final inspection shall be received for such alterations prior to the issuance of a business license for the proposed use. All ordinary requirements of the City Building Division that are necessary to secure and final such a building permit shall be met. Building permit review shall ensure the building has exits in accordance with building/fire code requirements and that- the building is accessible to the handicapped (including resurfacing of the parking lot and the striping of a handicapped parking space) . The parking lot shall also comply with Section 9-4.119(f) of the Zoning Ordinance relative to landscaping. 3. The building entrance to be altered for handicapped accessibility shall not be the front entrance that faces Traffic Way. 4. A building permit and final inspection shall also be obtained for the proposed monument sign. - The-e-ign shall bea'eedr r • • Speelfleatleas--d-FId-DEaming- -as'-divested si-ori b l ►. n 1 E The appiteant shall-eateL- ate a Plan ..w /T L ' eft AgEeement with the G:tIF pwi Rr- te-resuanee of the Genditlenal Use Peemit, a! anding plan eheeleilespeetlen lees shall An eaeEeaehmeat _ 'L shall be ebtai ned €Fem the--ter 000038 ag All iiwevements within the =v eemplete by the s 7• .�`�,-de e=-te thefin • laspeetles in thle eendit' EeleaGed, a 19% Malatenasee ^ _ y ee shall-be--yes ed-fie eevezthe -ate fers a peEls e£ I yea�- frrem the date of -the i geetwee•. I-Phe the pvejeet e i ked vehe Gity Hagineev The daLm $ t-peeee. The Geane-antees pested €ems all be--apgee-ved-nrthe be the _ ity ef-the develeper, A.— ABY utility '-'tienehing 3$ -••l-t}14 StEeP�t9 shall be eveEla a-ees t eeP-a eseethEldifig BuElaee ae-Rege4=esed by t L Engineer, ii n_..a --mat plans prepared L_y a • L d s� - be-e - ed fee se e e id aggeevel by--the-G 4,t-i- e-of--the-Geeditleeal8ige-^ shall eee€eemte- t-13e Bi ti GL�ia a Speelfleatlens, Seetlei�-i-�-s^-fepai3tlen of L. _$--e€-the-Giby el shall ,�s� L L e1f.. f fi wy��e a3.�--fie-• L 7 a'7�"�rZ GTt �1T�T eeby may, �4a be -wed flic'em� fete he � C 7'Ltage 4'een elmasee with G-•L L a d 494 to the entire p*e$eetyfte$tager• eLc a by the " ang�eee!- Teaeeltleas shaij be L.... L a L ah" with -- eq�eQ�e Q ee��'� - -fig prrepearv-_r l—e-tae--_e rsnnf ..... with ^ L Standard d .9- (Le8al) GOftt!qme%e tie the a rived-fi a Gityeg e�� eaee t�-e s ' be 0 L ' e*istiag eeof eewee'-with City-St-aF}daEd 424 shall be -eeeeteueted nthe leteeeeetlea e€-TEagfie-W-ay ice_ w ��_, -- - _a _ �,--- • line pelat-ef the as-bel1-t��Fe e Plans, sign d by the egiete=edeaginee=-w#epFega•Fed-the Plans, Shall be ded-te-,-fie-day Eft" --geiee to tke 000039 ffiee e 14. This Conditional Use Permit approval shall expire one (1) year from the date of final approval, unless: a. Substantial site work toward establishing the authorized use has been performed, as defined in Section 9-2.114 of = the Zoning Ordinance; or b. The project is completed, as defined in Section 9-2.115 of the Zoning Ordinance; or to "f. c. An extension has been granted, as defined in Section 9- 2.118 of the Zoning Ordinance; or d. A building moratorium is imposed on the project site. CUP95008.co2 (Page 3 of 3) 40040 iC CITY OF ATASCADERO PLANNING COMMISSION 11/21/95 ACTION MINUTES SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 1 . CONDITIONAL USE PERMIT #95008 : Consideration of a conditional use permit application to establish a child care center for up to 24 children in a designated High Density Multiple Family area. Subject site is located at 5690 Traffic Way. STAFF RECOMMENDATION: (Kaiser) 1 . That the Negative Declaration prepared for the project be found adequate under the requirements of the California Environmental Quality Act (CEQA) and that the project would not have a significant effect on the environment; and 2 . That the Conditional Use Permit #95008 be approved based on the Findings for Approval contained in Attachment F and the Conditions of Approval in Attachment G. TESTIMONY: Judy Mora, the applicant, read a statement into the record asking for a waiver of the engineering conditions because the cost is prohibitive. Sandra Wilson, 2300 Traffic Way, a parent who utilizes this child care center, expressed support for the day care. Doug Lewis, P. O. Box 1017, Atascadero, lives next door to the day care. Mr. Lewis mentioned that there were other upcoming projects that would handle some of the Traffic Way improvements without cost to the residents . He felt that asking the applicant to make these improvements at this time would place an unfair burden on her that other residents would not have to handle. Rush Kolmeine, P. O. Box 1990, Atascadero, stated that Traffic Way is the only industrial arterial in Atascadero. He felt it would be unfair to impose the cost of Traffic Way improvements given the upcoming state-funded projects (i .e . , bicycle pathway) . .� (Page 3 of 5) 000041 Planning Commission Meeting, November 21, 1995 } ACTION: The Planning Commission finds that the Negative Declaration prepared for the project is adequate under the requirements of the California Environmental Quality Act (CEQA) . Motion: Wallace Second: Edwards AYES : Wallace, Edwards, Bowen, Zimmerman, Hageman, Sauter, Johnson NOES : None ABSENT: None ACTION: The Planning Commission approves Conditional Use Permit #95008 based on the Findings contained in Attachment F, as amended [Modify Finding #2 to read as follows: "The proposed project, as conditioned, satisfies all applicable provisions of the Sign Ordinance and Building regulations. Strict adherence to the Zoning Ordinance is not applicable ? in this- case. "] , and the Conditions of Approval in Attachment G, -as amended [Amendments: 1. Remove Engineering Conditions 5 through 13 . 2 . Require 10% landscaping parking lot . 3 . Include re-surfacing of the parking lot. ] Motion: Bowen Second: Edwards AYES : Bowen, Edwards, Hageman, Sauter NOES: Wallace, Zimmerman, Johnson ABSENT: None MOTION PASSES. (Page 4 of 5) 000042 r elye -ec d iZ•4 1.9i .. CITY OF ATASCADERO 1918 � �, �� 1970" COMMUNITY DEVELOPMENT DEPARTMENT December 1, 1995 Lee Price, City Clerk City of Atascadero 6500 Palma Ave. Atascadero, CA 93422 AZ: Appeal of Planning Commission Decision Conditional Use Permit 95-008 Dear Ms . .Price, I am hereby exercising my right, as provided by Municipal Code Sec. 9-1 . 111, to appeal a decision made by the City' s Planning Commission. On November 21, 1995, the Planning Commission approved CUP 95-008 allowing for the establishment of a day care facility for up to twenty-four (24) children at 5690 Traffic. In approving this project, the Commission waived all requirements for the applicant to install public improvements along Olmeda and Traffic Way. The improvements recommended by staff included curb, gutter, and sidewalk along both property frontages . These improvements should be required to protect the public, both on foot and in cars, as well as add to the network of "routes to school" in this neighborhood. I believe that the City Council needs to hold a public hearing on this issue to review the Planning Commissions decision. Sincerely, �Robe� - rt Johnson Chairman 6500 PALMA AVENUE ATASCADERO,CA 93422 000043 Building Permits: (805)461-5040 Planning: (805)461.5035 Enforcement: (805)461-5034 Director: (805)461-5097 City Fax: (805)461-0606 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda tem: B-2(A&B) Through: Andrew J. Takata, City Manager Dater January 9, 1996 Via: Steven L. DeCamp, City Planner From: Gary Raiser, Associate Planner File No: ZC #95012 C VAR #95002 SUBJECT: Consideration of Zone Change and Variance applications to establish a recreational vehicle (RV) park on Marc ant Avenue, between Tecorida and Alcantara Avenues RECOMMENDATION: The Planning Commission approved the Negative Declaration prepared for the project then voted to recommend denial of the requested Zone Change . leaving the Variance request moot. Staff, however, continues to recommend the followi g: 1. That Zone Change #95012 be approved based on the Findings and land use provisions contained in Draft Ordinance No. 296; and 2. That Variance #95002 be approved based on the Findings contained in the December 19, 1995 staff repo t. DISCUSSION: On December 19, 1995, the Planning Commission held a public hearing to consider the subject Zone Change and Variance applications (Attachments A & B) The Zone Change application would ( 1) replace an existing Master Plan of Development for the site with proposed RV park plans and (2) add "RV park" and "caretaker's residence" to the list of uses which ere allowed on the site. The Variance application would free the applicant from strict adherence to four (4) specific zoning standards pertaining to RV parks. Staff agrees that these standards are either unnecessary or inappropriate in this particular case. Staff reiterates that, until this application was xeceived, the zoning standards for RV parks had not been tested. Having now done so, staff finds the standards, not the pr posed project, in need of reconsideration. This notwithstanding, assenting Commissioners were unable to negotiate a compromise and, after a 4:3 vote, a recommendation for denial emerged. 1 000044 Attachments: Attachment A - December 19, 1995 staff report Attachment B Minutes of December 19, 1995 hearing 2 000045 ATTACHMENT "A" CITY OF ATASCADERO Item: B . 2 STAFF REPORT FOR: Planning Commission Meeting Date: December 19, 1995 BY: Gary Kaiser, Associate Planner File No: ZC #95012 2� VAR #95002 SUBJECT: Consideration of Zone Change and Variance applications to modify the existing PD 10 Overlay Zone and allow a recreational vehicle (RV) park on a site less than five (5) acres, respectively. RECOMMENDATION• The Planning Commission should make the following recommendations to the City Council: 1. That Findings be made that project approval would not have a significant affect on the environment and that the Negative Declaration prepared for the project is adequate under the requirements of California's Environmental Quality Act (CEQA) ; 2. That Zone Change #95012 be approved based on the Findings and land use provisions contained in the Draft Ordinance (Attachment I) ; and 3. That Variance #95002 be approved based on the Findings contained in Attachment J. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . . .Kelly Gearhart 2. Project Address. . . . . . . . . . . . . . .7000 - 7060 Marchant Ave. 3. Site Area. . . . . . . . . . . . . . . . . . . . . 1.42 acres (net) 4. General Plan Designation. . . . . .Tourist Commercial 5. Zoning. . . . . . . . . . . . . . . . . . . . . . . .CT (PD10) (FH) 6 . Existing Use. . . . . . . . . . . . . . . . . .vacant 7. Environmental Status. . . . . . . . . .Negative Declaration posted November 28, 1995 1 000046 ANALYSIS• The applicant seeks approval of Zone Change and Variance applications to establish a small recreational vehicle (RV) park on a 1.42-acre (net) site located between Tecorida, Marchant and Alcantara Avenues (Attachments A & B) . The proposed RV park would have twenty-three (23) RV spaces of varying sizes, a caretaker' s residence/office and a restroom building with showers, telephones- and laundry facilities (Attachments C & D) . Each of the proposed RV spaces would have full utility hook-ups and a table for picnicking. Individual RVs would be separated from one another by at least ten ( 10) feet and RV spaces would be separated from each other by a solid hedge. A stacking area to accommodate two (2) RVs would be provided at the entrance to the park and there would be eight (8) standard-sized parking spaces for the caretaker(s) and any guests. Next to the restroom building would be a slump stone trash enclosure and a common covered picnic area with roughly 2500 square feet of landscaped open space. The applicant has also proposed a freeway sign. That application, however, is not ripe for action at this time as the "minimum height necessary" test has not been completed (a balloon will be tied at various heights ranging up to 50 feet and examined by staff along approaching northbound and southbound lanes of Highway 101) . The Administrative Use Permit application made for the freeway sign, which will involve a public hearing held at the staff level, will therefore be processed separately from the subject Zone Change and Variance applications. Although there is nothing particularly complex about proposed plans, the Zone Change and Variance applications both warrant discussion in light of the site's-history, physical constraints and proximity to both commercial and residential uses. Background The site has quite a history indeed with respect to General Plan designation, zoning and contemplated development. The site was targeted for multi-family residential use upon incorporation, then commercial retail in 1987. Most recently, the General Plan designation of the site was changed from Professional Commercial to Tourist Commercial and the zoning of the site was changed from CP (Commercial Professional) to CT (Commercial Tourist) . In response to public comments, however, it was decided that the new CT zoning of the site ought to include a planned development overlay zone to "lock-in" physical development of the site and restrict allowable uses to those not likely to generate significant light and glare, traffic or noise. Attached are the provisions of the PD 10 Overlay Zone (Attachment E) . 2 000047 ��`}� Although this staff report separates the various aspects of the project for readability, it is difficult and otherwise unnecessary because they are somewhat contingent upon one another. It is unlikely (and perhaps impossible) , for example, for the new Master Plan to be approved without the inclusion of "RV parks" and "caretaker' s residences" as allowable uses on the site. Similarly, approving the proposed Variance would be futile if the uses necessitating the Variance are not even allowable. Proposed Zone Chancre The proposed Zone Change would modify the PD 10 Overlay Zone in two ways. First, the existing Master Plan of Development would be replaced with a new one (i.e. , RV park plans) . Second, the list of allowed uses on the site would be expanded to include RV parks and a caretaker' s residence. A. Master Plan Replacement The existing Master Plan of Development mirrors a Precise Plan approved in 1988 when the zoning of the site was Commercial Retail (see Attachment E) . This approved Precise Plan, with uses now restricted to those uses allowable under the current PD 10 Overlay Zone, allowed for the construction of four (4) buildings and a common parking lot. Evidently, there has been little interest in pursuing construction of the approved buildings -- under CR zoning, CP zoning or CT zoning -- as no building permits have ever been filed. In addition, it now appears unlikely that Chevron, who controls one of the two 20-foot easements that cross the site and who also owns a narrow parcel separating the site from Marchant Avenue therefore controlling access to the site, would approve construction of that project. The proposed new Master Plan of Development is shown by Attachments C & D. If approved, all future site development would have to be in substantial conformance with the Master Plan, which means that the size, number and location of RV spaces would be "locked-in" as would the size, design and location of all other improvements including accessways, fencing and landscaping. If the Master Plan is approved with modifications and/or operational restrictions, which it can be, future development and use would have to conform to those as well. After reviewing plans for just about every imaginable use on the subject property including residential, retail, restaurants, nightclubs, arcades, offices and mini-storage, staff has come to believe that an RV park is not only not such a bad use for the site but about the best use assuming some kind of economic return for the property owner is a reasonable expectation. The appropriateness of the proposed use is reinforced when the site' s unique development constraints are considered. 3 000048 ��.\ First of all, the site is located in a flood hazard area that cannot simply be filled because of existing underground utility easements within which there are pipelines already at their maximum depth (Chevron is on record objecting to fill and therefore refusing access for projects proposing fill over their easement) . Second, the site is accessed from streets and intersections that cannot accommodate a substantial amount of additional traffic without significant impacts. Third, the site is adjacent to a residential area that is uniquely sensitive to increased noise and lighting because of topography. Finally, the site may be affected by Caltrans ' plans to redo the on- and off- ramps at the junction of Highways 41 and 101 (see Attachment F) . Whether Caltrans' improvements make the property more amenable to a higher-intensity commercial use or result in a taking of a portion of the property, it will be an advantage to have a use that is not necessarily permanent. B. Expansion of Allowed Uses As mentioned above, another aspect of the proposed Zone Change would add two (2) uses -- RV parks and a caretaker' s residence -- to the list of uses which are allowable on this particular site. Since both of these proposed uses are uses normally allowed in the CT zone, the proposal does seem unreasonable nor would it be inconsistent with the General Plan. In evaluating the proposed uses, it is essential to consider the rationale used in 1992 when the Overlay Zone was established. In developing the PD 10 Overlay Zone, staff considered the various uses normally allowed in the CT zone and omitted ones that did not seem appropriate given the location and size of the site and concerns expressed by neighborhood residents about traffic, noise, light and glare. "RV parks" was omitted from the list because of a zoning standard that limits RV parks to sites containing at least five (5) acres, not because of traffic, noise, light or glare. "Caretaker residence" was also omitted by staff but, in retrospect, should not have been as "hotels and motels", which remains an allowed use, is one that probably does warrant if not require a caretaker' s residence. In any case, "caretaker' s residence" was certainly not omitted because of anticipated traffic, lighting or noise impacts. Variance Section 9-6. 180 of the Zoning Ordinance prescribes generic standards for RV parks (Attachment G) . Although most of these standards are proposed to be complied with, there are some that the applicant and staff agree are unnecessary or inappropriate in this particular case. 4 000049 �� Following are the zoning standards from which flexibility is sought: * MINIMUM SITE AREA -- The site is less than five (5) acres; * SETBACKS -- Recreational vehicles will be located within twenty five (25) feet of the Tecorida Avenue right-of-way and within fifteen ( 15) feet of the interior (southerly) property line; * WASTE DISPOSAL -- The project does not include a holding tank dumping facility; * FENCING -- Although a six-foot fence is being proposed along all four (4) property lines it is not proposed to be solid along Marchant and Tecorida Avenues. When the City first adopted a Zoning Ordinance on June 27, 1983, it was essentially the County' s Zoning Ordinance with fine-tuning here and there. One section that was not changed upon adoption, nor reconsidered since, is the aforementioned section dealing with RV parks. During the processing of the current application, staff contacted the County Planning Department as well as the Planning Departments in San Luis Obispo, Paso Robles, Morro Bay, Pismo Beach, Grover Beach and Arroyo Grande. With the exception of Grover Beach, none of these other cities have specific standards for RV parks and choose to review such proposals on a case-by- case basis. The County' s standards remain the same as Atascadero' s with respect to minimum site area, setbacks, holding tank dump facilities and fencing. Minimum Site Area Neither the County nor the Atascadero staff can explain the rationale behind the minimum site area requirement. Inasmuch as the County does distinguish between overnight parks and "destination" parks and then goes on to prescribe a formula for both active and passive recreational facilities in "destination" parks, it could be that the minimum site area standard presupposed that all proposed RV parks would be "destinations" to which guests would specifically travel and then remain for several days. At such parks, there probably is a need for recreational facilities and a larger lot to contain such facilities. The proposed RV park is clearly not designed to be a "destination" park nor are recreational facilities being proposed which may not be large enough. The five-acre minimum is certainly one that warrants reconsideration during the planned Zoning Ordinance re-write, as staff cannot identify a clear purpose or need for it. 5 000050 ��,r Setbacks A twenty-five (25) foot setback is proposed along Marchant and Alcantara Avenues, which are both bonafide public streets regularly used by neighborhood residents and public in general. Tecorida Avenue, on the other hand, was allowed to be constructed to a section much narrower than the City standard in order to save existing Sycamore trees that line that street and because of the unlikelihood that it would ever be a "through" street and/or serve as anything but an accessory egress for the two or three abutting lots. This portion of Tecorida Avenue is used rarely and does not warrant a setback beyond that proposed. An exception to the prescribed 15-foot rear setback is also proposed. To justify this request, the applicant is proposing a decorative solid fence along the rear property line and is proposing to simply landscape much of the rear portion of the site. Considering that a creek bisecting the adjoining lot will make any development near this rear property line unlikely, the applicant' s request does not seem unreasonable. Holding Tank Dumping Facility The standards require RV parks to have a holding tank dumping facility to ensure that one is available for guests. The City prohibits such facilities from being connected to the public sewer, so such a facility would itself have to be a holding tank which must be pumped out occasionally. Such dumping facilities are already conveniently available at Folkins & Folkins service station and at the City' s Wastewater Operations Plant. Although the applicant has no objection to installing such a facility, staff is recommending against it primarily because of odor. The high ground water and flooding potential of the site would also make placement of such an underground tank difficult. Fencing A solid fence is proposed along the rear property line and along Alcantara Avenue. These are the two property lines which face residential uses or zones. The fence would be redwood or cedar with brick pilasters every sixteen ( 16) feet. Rather than continuing this solid fence along property lines abutting Tecorida and Marchant Avenues, the applicant proposes to continue the brick pilasters at 10-foot spacing with wrought iron in between. In staff' s opinion, the proposed wrought iron and brick fencing along Tecorida and Marchant Avenues would be more attractive than a solid fence and should be approved. 6 000051 ,1f`` CONCLUSIONS• The site is indeed unique with respect to its location, its physical constraints and its potential to be affected by planned Caltrans ' improvements. Staff has reviewed numerous development plans for the site through the years and proposed RV park plans are among the very few which seem feasible. The proposed RV park, with recommended PD 10 Overlay provisions that limit increased noise and lighting, would not substantially increase traffic nor should it have a significant adverse effect on nearby residential uses. Once Caltrans' plans are refined and improvements completed, the site may be a prime location for a higher-intensity commercial use. Whether this proves to be the case, or whether Caltrans' improvements actually require a taking a portion of the site, it seems advantageous at this juncture to not commit this site with permanent high cost improvements. ATTACHMENTS: Attachment A - Location Map (General Plan) Attachment B - Location Map (Zoning) Attachment C - Site Plan Attachment D - Floor Plans and Elevations Attachment E - Existing PD 10 Overlay Zone Provisions Attachment F - Memorandum from Assistant City Engineer Attachment G - RV Park Standards Attachment H - Negative Declaration Attachment I - Draft Ordinance 296 Attachment J - Findings for Approval (Variance) ZC95012\VAR95002.sr 7 000052 ' .M AL IPA ON gm vial r� ME AJ �_ ATTACHMENT B I LOCATION MAP (ZONING) CITY OF ATASCADERO ZC #95012; VAR 095002 "" COMMUN{TY DEVELOPMENT DEPARTMENT - ., ..a ..,.. tom, // (—'� tp�N'�� - C► I I i I � � M� 10 `� SON RA 4 �y RMF•16\ FH) � / 1 � 4. ALLE� � IL / T a o _ I S�MBRLC4�II "T"� M i sAeE �� w IV 't.t ( (P J /v 4T4 .r� 1 7 L J r ' I ,( ", O .y •.�� H �. � I '� OJ.. • . , 000054 ATTACHMENT C CITY OF ATASCADERO SITE PLAN - i ZC #95012; VAR #95002 COMMUNITY DEVELOPMENT DEPARTMENT anN3Av o4vm3vvw ; 1 ..; ! 43 ! 17 L s IWt !— * W x ; o. F� • a• t= N L f , I O i t+ k � 000055 ATTACHMENT D CITY OF ATASCADERO ZCFLOOR VATION #95012; VAR #95002 ,r I \Illi IN - COMMUNITY DEVELOPMENT DEPARTMENT I Lq Y 11 g I Y 1 L.. j� ' d g � i! '1 I i ' " I ` 9 01 � f � .. •� I it /\ , � Y , �_ c= l� ^Jr d g ,=J! 0 < t I I t ! ° • 000056 ATTACHMENT E PD 10 OVERLAY ZONE ZC #95012; VAR #95002 Accessory Storage (See Section 9-6. 103) 3 . Building materials and hardware (Section -6. 165) 4 . usiness support services 5. Con ract construction services 6. Elect nic and scientific instrum nts 7 . Farm equi ment and supplies 8. Furniture a fixtures 9. Horticultural ecialties (see Section 9-6.116) 10. Sales lots (see S do 9-6. 139) 11. Small scale manufac ing 12 . Temporary events see S tion 9-6.177) 13 . Temporary/seas al sales ( e Section 9-6. 174) 14 . Utility tra mission faciliti -- 15. Vehicle a d equipment storage { ction 9-6.183) 16. Indoor ecreation 17. Pip ines 18 . P lic assembly and entertainment (f) Any development shall be served by an on-site ewage di posal system, unless an extension of the ban rvices Line is granted through a separate General an endment. 9-3 . 654 . Establishment of Planned Development Overlay Zone No. 10 SPD 10) . Planned Development Overlay Zone No. 10 is established as shown on the Official Zoning Maps (Section 9-1. 102) . The following development standards applicable therein are also established: (a) All physical development of the site shall conform to an approved Master Plan of Development. Applications for a Master Plan of Development shall be made in the same form 3-76B 00005'7 as that prescribed for either a Conditional Use Permit or Tentative Map. Any conditions of approval imposed during approval of the Master. Plan of Development, or any associated application, shall be complied with. (b) Allowable Uses: The following uses shall be allowed in Planned Development Overlay Zone No. 10: 1. Hotels and motels 2 . Libraries and museums 3 . Temporary Events (See Section 9-6.177) 4. Temporary and seasonal sales (See Section 9-6.174) 5. Offices 6. Personal services, where areas of use are less than 1000 square feet per store (c) . Conditional Uses: The following uses may be allowed if specifically approved in conjunction with, the afore- mentioned Master Plan of Development for the site, or an approved amendment thereto: 1. Indoor recreation services 2 . Public assembly and entertainment 3 . Auto, mobilehome and vehicle dealers and supplies (See Section 9-6. 139) 5. Amusement Services 6. Eating and drinking places (exclusive of drive through facilities) 3-76C 000058 J rid I 1 i A 01 7 � 1 t MASTER PLAN OF DEVELOPMENT (see PP #20-88, revised) _ 000059 i j ATTACHMENT F MEMO FROM ENGINEERING ZC #95012; VAR #95002 �t n a�io:� w•a, CITY OF ATASCADERO 1979 DEPARTMENT of PUBLIC WORKS MEMORANDUM DATE: November 27, 1995 TO: Gary Kaiser, Associate Planner FROM: John Neil, Assistant City Engineer SUBJECT: 5000 Marchant Avenue Zone change 95-012 Variance 95-002 We have reviewed the material submitted with the subject application=The application package appears complete with regard to those items reviewed by the Engineering Division. Normally with this type of entitlement the applicant would be conditioned to improve the street frontages contiguous to the property boundaries. However, it is our understanding that with previous development proposals for this site, the Planning Commission decided that frontage improvements along Alcantara Avenue would not be required due to impacts to the existing drainage Swale and trees. We recommend that you include in your staff report the findings made by the Commission on the Alcantara Avenue frontage improvements for the previous development proposals. In addition, the Route 41/Route 101 Project Study Report identified two southbound ramp options for the Route 41/Route 101 interchange. The preferred ramp option identifies interchange improvements which could effect the subject property. Excerpts from the report are enclosed for you reference. Please call if you have any questions. J B N/tas 9214303.ATA 6500 PALMA AVENUE • ATASCADERO,CA 93422 Administration/Engineering:(805)461.5020 WastewaterTreatment:(805)461-5077 FAX:(805)461-7E415 000060 �y; Route 41/Route 101 PSR Technical Study Atascadero, SLOCOG & Caltrans 4 Future Traffic Conditions , This section briefly describes the final Route 41/Route 101 interchange alternatives selected by the Project Development Team(PDT) and presents the traffic service levels expected under each option. Detailed alternative descriptions are provided in the draft Project Study Report. �•I 1. INTERCHANGE ALTERNATIVES k Described below are the final four interchange options presented in the PSR. These consist of the Proposed Improvements Alternative, the Ultimate Improvements Alternative, the Minimum =' Project Alternative, and the No Project Alternative. Proposed Improvements and Ultimate Improvements Alternatives During the second PDT meeting (May 20, 1993), the members reviewed nine general "build" p' •r options for the interchange. The options consisted of six alternative ramp configurations for the ': southbound Route 101 ramps and three alternative configurations for the northbnnnd Route 1(l1 >' ramps After evaluating the merits and deficiencies of each option the PDT determined that two southbound ramps options ("W3" and "WY) and two northbound ramps options ("El" and "E2") would best meet the project's-goals of providing safety, enabling standard design and affording low cost; and therefore should be further studied. < € Between the second and third PDT meetings, DKS Associates performed detailed traffic operations analyses on the remaining four"build" configurations. Based on these analyses, at the : third PDT meeting(June 11, 1993)the members eliminated one of the two Route 101 northbound ! ramps options ("E2") and modified one of the two southbound ramps options ("WY). See "Meeting Minutes" for the second and third PDT meetings for detailed discussions on the alternatives evaluation. v The final Proposed Improvements Alternative actually consists of four separate and distinct improvement phases (or subalternatives), although all four phases could be implemented c� simultaneously. The phases consist of improvements to four Route 101 ramps: the northbound o on-ramp, the northbound off-ramp, the southbound on-ramp and the southbound off-ramp. The traffic analyses contained herein assume all four phases are built together. The Ultimate Improvements Alternative assumes all four phases of the above alternative are r implemented, plus Route 41 is widened between the Route 101 ramp terminals (necessitating replacing the Route 101 overcrossing with longer bridge spans) to achieve a standard roadway N j cross-section on Route 41. The modified cross-section would allow two through lanes in each direction, a left-turn lane, a raised center median, standard right-hand shoulders and sidewalks. I i DKS Associates Page 3.1 P93078-01/A 000061 W V 0 o Z vh m � o z w ZE X o� �P 000062 �� ATTACHMENT G RV PARK STANDARDS ZC #95012; VAR #95002 6-60 ADOPTED JUNE 27, 1983 (3 Parades: Parades and other temporary events within the public right-of-way are not subje to ese requirements, provided that all requ' ements o the City Engineer and Police Departmen are met (b) Time Limit: A temporary event is to be h d in a single locat n for a period no longer t n 12 consecutive d s, or four successive w ends. (c) Site Desi n Stan • rds: (1) Access: Outdo temporary ents shall be provide a minimum of tw unobstruc d access points, each a minimum of 18 et wid from the event site to a publicly maintai d r d. (2) Parking: Off-street rking is to be provided for private events as 11 s, with such parking consisting at min'. .um, o an open area at a ration of 400 square fe .per ca on a lot free of flammable mate al`. (i) Seated ectator Events: Orie parking space for a ch 12 square feet o seating area. (ii) Ex ibit Event: One parking ace for each 75 uare feet of exhibit area. r (d) Guarant of Site Restoration: A bond or sh deposit is re red for approval of a temporary even to guar tee site restoration after use, and ope tion in acc dance with the standards of this Title. e g rantee shall cover both operation and restora ion d is subject to the provisions of Section 9-2. 1 (Guarantees of Performance) . 9-6. 180. Recreational Vehicle (RV) Parks: This Section.:applies to all recreational vehicle parks and commercial campgrounds 11 including any separately designated section of a mobilehome park. 1 These standards apply in addition to all applicable provisions of Title 25 of the California Administrative Code. (a) Location Criteria: Approval of an Conditional Use Permit application by the Planning Commission shall include a finding that the recreational vehicle park will not be excessively visible from a public road or 000063 .� I 6-61 ADOPTED JUNE 27 , 1983 residential zone or that such visibility will be acceptably mitigated. (b) Minimum Site Area: (1) RV Park Site: Ten (10) acres henS�ocated outside the Urban Services Line and five when located within the Urban Services Line. (2) Individual RV S ap ces: (i) Pull in or Back-in Spaces: Twenty (20) foot width; 750 square foot area. (ii) Pul_ Sp ces: Twenty (20) foot width, 1100 square foot area shall be sixteen (16) (c) Densit The maximum density any exterior public units per gross acre, not including street right-of-way. (d) Site Design Standards: (1) Setbacks: No part of a recreational vehicle shall be located closer than twenty-five (25) feet to proper line, and no closer than any street prop y j 1 fifteen (15) feet to any iatedlcl property rpthan ten e• No RV or tent shalother RVbe ortent. (10) feet to any i (2) Internal Streets: The width and improvement of roads and driveways within an RV park shall be as follows: (i) One Way:. Eighteen (morefeet fifteen (15)ofeet serves 60 spaces or twelve if road serves less than 60 spaces; (12) feet for a one-way internal roadbetween campsite clusters which does not p access to individual spaces. (ii) Two-way Divided: FFifteen (15) feet wide on each side of di.vid (iii) Two-Wa : Twenty-four (24) feet wide. (iv) Parkin : Parking along internal roadways shall be allowed only when a paved parking 000064 a ADOPTED JUNE 27, 1983 6-62 lane, eight (8) feet wide is provided in addition to the roadway. (v) Road Improvement Standard: Two inches (2") of A.C. plant mix over six inches (6") of Class II Aggregate Base or equivalent structural section based on a Traffic Index of 4. Alternative hardsurface paving materials are allowable subject to approval by the City Engineer. (3) Utilities: (i) Water: All recreational vehicle spaces shall be provided water supply hookups. Tent camping spaces shall have water service for each ten (10) spaces, but not located within twenty (20) feet of a designated tent site. When common water supply facilities are pro- vided in the form of hose bibs, they shall be over a drain-equipped- concrete pad, rock bed or other construction to prevent the creation of mud as a re6ult-of water supply use. z Sewer Hookups: To be provided for all recreational vehicle spaces. None required for tent spaces. Holding Tank Dump: All recreational vehicle parks shall be provided with one (1) holding tank dumping facility for each 100 RV spaces or fraction thereof to be located near park. exits. ' (iv) Restrooms: No space or campsite shall be located closer than twenty-five (25) feet, nor further than 400 feet from a public restroom facility. (v) Electricity: All pull-through spaces and 50% " -i ull � of. p n or back-in spaces, except tent spaces, shall be provided an electricity hookup. (4) Fencing and Screening: A solid wood or masonry six (6) foot solid fence, screen or hedge will be required along all property lines and front yard setbacks. In addition, recreational vehicle 0000,15 w 6-63 ' ADOPTED JUNE 27 , 1983 spaces should be generally screened from adjacent properties and public roads by means of natural landscaping, terrain variations and distance. Where a proposed park will be visible from a major highway or freeway, additional screening landscaping will be required. The Planning commission may waive or adjust fencing and screening standards where terrain, natural vegetation or area character would make screening i unnecessary or ineffective. 9-6. 1 Vehicle Storage: This section applies to comme 1 ' parking garage and other establishments engage the storage of ve ' es for a fee or without fee as he storage use, whether owned and ated publicly or priv y. The storage of ff vehicles for sale is su ' ct to Sectio . 139 -Gales Lots) 1 The storage of vehicles in erc' and industrial zones is subject to Section 9-6. 140 (S Yards) . I (a) Limitation Use: Vehicle sto establishments in the c rcial zones are to be limit o the led temporary 1-ng of automobiles, buses- and -self,,p recreational vehicles. I I I t i n, 000066 Y J - - ATTACHMENT H NEGATIVE DECLARATION CITY OF ATASC"ERO zC #95012; VAR #95002 a pan, a in '*" COMMUNITY DEVELOPMENT DEPARTMENT s CITY OF ATASCADERO ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO.CA 93422 (805)461-5035 APPLICANT: KEU;-1 66 G o Nav►�sa�h fWtT(�E ATP,ScNote-Q o C-R PROJECT TITLE: ZG#`is-o r Ja.2 9 Soo 2 PROJECT LOCATION: S000— S-o 6 o r01ARC4(AtJT AJ ekQ E PROJECT DESCRIPTION: 'l D t o OJ 612L Av%J ,Sof1E Ad-A) huow RJ 1pkex— 'VA Sme- LESS 1%40*4 'Fi 119 C5� fticu.E S. FINDINGS: 1. The project does not have the potential to degrade the environment.._ s 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. DETERNMiATION: Based on the above Endings,and the information contained in the initial study(made a part hereof by refer- ence and on Me in the Community Development Department).it has been determined that the above project will not have an adverse impact on the environment. eti- DEcApn?, C i" PLArt j,46-?— Date Posted: to oV• 'Z q) VC(g • Date Adopted: coo„-W 00006'7 �� ATTACHMENT I DRAFT ORDINANCE ZC 495012; VAR #95002 ORDINANCE NO. 296 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING PLANNED DEVELOPMENT OVERLAY ZONE NO. 10 WITH RESPECT TO THE MASTER PLAN OF DEVELOPMENT AND ALLOWABLE USES AFFECTING CERTAIN REAL PROPERTY LOCATED AT 5000, 5020, 5040 AND 5060 MARCHANT AVENUE (ZC #95012: GEARHART) WHEREAS, the proposed Zoning Ordinance amendment is consistent with the General Plan in effect at the time of application acceptance, as required by Section 6586,0 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 will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on December 19, 1995, and has recommended approval of Zone Change #95012. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with surrounding land uses and the zoning in effect at the time of application acceptance. 2. The proposal is consistent with the General Plan in effect at the time of application acceptance. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 000068 Ordinance No. 269 Page 2 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 7. The proposed plans offer certain redeeming features to compensate for requested modifications. Section 2. Zoning Ordinance. Section 9-3. 154 of the Zoning Ordinance of the City of Atascadero is hereby amended to add "RV Parks" and "Caretaker' s Residence" to the list of allowable uses and replace the existing Master Plan of Development with a new one, as shown by Exhibits B & B, respectively, which are attached hereto and made a part of this ordinance by reference. Development of said property shall be in accordance with the standards of Planned Development Overlay Zone No. 10, the approved Master Plan of Development and all other codes, regulations and requirements of the City of Atascadero. 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. On motion by and seconded by the foregoing Ordinance is approved by the following roll call vote: AYES: NOES: ABSENT: 000069 �, Ordinance No. 269 Page 3 AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON City Attorney PREPARED BY: STEVEN L. DECAMP City Planner 0000'70 Ordinance No. 269 Exhibit A 9-3.654. Establishment of Planned Development Overlay Zone No 10 PD 10) . Planned Development Overlay Zone No. 10 is established as shown on the Official Zoning Maps (Section 9-1. 102) . The following development standards applicable therein are also established: (a) All physical development of the site shall conform to an approved Master Plan of Development. Applications for a Master Plan of Development shall be made in the same form as that prescribed for a zone change, conditional use permit or tentative map. Any conditions of approval imposed during approval of a Master Plan of Development, or any associated application, shall be complied with. (b) Allowable Uses: The following uses shall be allowed in Planned Development Overlay Zone No. 10: 1. Hotels and motels 2. Libraries and museums 3. Temporary Events (See Section 9-6. 177) 4. Temporary and seasonal sales (See Section 9-6. 174) 5. Offices 6. Personal services, where areas of use are less than 1000 square feet per store 7. Recreational Vehicle Park (See Section 9-6. 180) 8. Caretaker's Residence (See Section 9-6. 104) (c) Conditional Uses: The following uses may be allowed if specifically approved in conjunction with the aforementioned Master Plan of Development for the site, or an approved amendment thereto: 1. Indoor recreation services 2. Public assembly and entertainment 3. Auto, mobilehome and vehicle dealers and supplies (See Section 9-6. 163) 4. Sales lots (See Section 9-6. 139) 5. Amusement Services 6. Eating and drinking places (exclusive of drive through facilities) 0000'71 ,� Ordinance No. 269 Exhibit B r ` {� 3nm3nv tNVH�av„ 44 cd rA to 44 ` -- - . a°i ro.N a -:i'. ,7' `'s•,<,�: ��.-� k �- 14 0 �A '. fill! li t���. ' Y'i'. •�'. u � 1 4) 040 �. I g u.,d .r E s.4. to O G) b C3, •J �' � 1,� 1 w m w row � 1 `• � °� r-,i Y �° i' i t t V. v—4 r-1 N U m HA .- p f1 N FIT fix YS IWi (� +I W •� + W IH I 4 l' K • � Er 3 � �+ + O f� 1' y+Sp l.�j�.�t r. ]tom I),•. t 0000,72 \V(�> Attachment J - Findings for Approval Variance #95002 (Gearhart) RV Park @ 5000 Marchant Avenue FINDINGS FOR APPROVAL: 1. The variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and -zoning district in which such property is situated; and 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this Title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and 3. The variance does not authorize a use which is not otherwise authorized in the zoning district; and 4. The granting of such variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. 0000'73 �� 1 ATTACHMENT "B" MINUTES EXCERPTS Planning Commission Meeting, December 19, 1995 SUBJECT: B. HEARINGS, -APPEARANCES, AND REPORTS 2 . ZONE CHANGE #95012 AND VARIANCE #95002: Consideration of zone change and variance applications for the establishment' of a recreational vehicle (RV) park. The proposed zone change would amend Planned Development Overlay Zone No. 10 by replacing the existing Master Plan of Development with proposed RV park plans and adding RV parks to the list of allowable uses . The proposed variance is a request for an exception to development standards related to minimum site area, setbacks, fencing and waste disposal. Subject site is located at 5000 Marchant. (Kelly Gearhart) STAFF RECOMMENDATION: (Kaiser) Staff recommends that the Planning Commission make the following recommendations to the City Council: 1 . That findings be made that project approval would not have a significant affect on the environment and that the Negative Declaration prepared for the project is adequate under the requirements of California's Environmental Quality Act (CEQA) ; 2 . That Zone Change 195012 be approved based on the Findings and land use provisions contained in the Draft Ordinance (Attachment I) ; and 3. That Variance 195002 be approved based on the Findings contained in Attachment J. TESTIMONY: John Falkenstein, of Cannon Associates, represented the applicant. Mr. Falkenstein indicated that Chevron controls access to the site and has an easement across the property which requires negotiation. This project is viewed positively by Chevron. He told the Commission that the customers will primarily be retired individuals, who are well off and who will use other City facilities and businesses. People will probably not use Highway 41 during the peak hours, so traffic shouldn' t be a critical problem. He indicated that the applicant would have no problem with a condition that limits the stay to a short-term duration but thought it unnecessary because of per-night rates . He answered other questions from the Commission. Valerie Lowe, 6500 Alcantara Avenue, is concerned about the density of the project, traffic through her residential neighborhood, and no crosswalk across Highway 41 . (Page 4 of 6) 0000'74 Planning Commission Meeting, December 19, 1995 TESTIMONY (continued) : Rick Sutton, who also lives on Alcantara, feels this project is a problem (i.e. , traffic) . He also expressed that setting conditions on this project is moot because the conditions are not enforceable. Curt Russell, representing his mother who owns the property behind this property, expressed concern that a 10 foot fence will bring down property values . She is also concerned about generators and ground water contamination from oil and gasoline in the parking lot. She hopes the Commission will take more time on this project. ACTION: The Planning Commission made the following motions: 1 . That findings be made that project approval would not have a significant affect on the environment and that the Negative Declaration prepared for the project is adequate under the requirements of California' s Environmental Quality Act (CEQA) . Motion: Edwards Second: Bowen AYES : Edwards, Bowen, Wallace, Hageman, Sauter, Zimmerman, Johnson NOES: None ABSENT: None 2 . That Zone Change #95012 be approved based on the Findings and land use provisions contained in the Draft Ordinance (Attachment I) Motion: Edwards Second: Bowen AYES: Edwards, Bowen, Johnson NOES: Wallace, Hageman, Sauter, Zimmerman ABSENT: None MOTION FAILED -- FOLLOWING ATTEMPTS TOWARD A COMPROMISE, THE PROJECT IS DENIED. (Page 5 of 6) v0oo1,7s REPORT TO CITY COUNCIL CITY OF ATASCADERO A enda Item C-1 From: Andrew J. Takata, City Manager( Meting Date: 119196 SUBJECT: Request for adoption of resolution of support for participation in the Regional Network Consortium RECOMMENDATION: Adopt Resolution No. 04-96, or take no action. BACKGROUND: This item was previously before the City Council, on October 10, 1995 (staff report and minutes excerpt are attached). Steve Devencenzi and Ellen S urtz of the County will be present at the January 9' Council meeting to clarify the toles of/differences between the Regional Network Consortium and the Consortium for Community Media. FISCAL IMPACT; There is no cost to join the Consortium. AJT:cw Oif00'7t sari. Luis Obispo Council of Governments Regional Transportation Planning Agency AYM- (;rover Beach Metropolitan Planning Organization MomBaY Pass Robles Pismo Brach Congestion Managemcnt Agency p09 San Luis Obispo County December 21, 1996 RndY Takata AUuwadsro (icy Manager 6500 Palma Ave. Atasoadero, CA 9342 SubJect: Regional Network Consortium% Consortium for Community Media Dear Andy: It appears there may be some confusion regarding the rales that the Regional Network Consortium (RNC) and the Consortium for Community Media (CCR are undertaking. Unketanately i was unable to attend your City Council meeting when this item was first considered and would haps that the upcoming discussion of this issue m January will provide an opportunity to demonstrate the differences between these efforts. Each of these efforts address sues of communication but the focus of each Is distinctly different Yet c omplimom ary. Expanding electronic connections (primarily computer based applicaticma) between OW among jurisdkotions, school districts, Cal Poly and Cuesta under the RNC; and opportunities for Public. Education and Government (PEG) access through cable television franchises being coordinated under the work of the CCM; have been moving toward common goals that kivoive Increased public access. However, the unique focus and particular emphasis of each effort gives rise to the current framework whlarain these groups - while overlapping somewhat In staff invoWment and the potential of these technologies to converge at some point(as per recent news reports regarding the Microsoft and NBC cooperative venture) - are accomplishing products that will be complimentary and slow an interface between the systems where information is transferred to the broadcast system for distribution. The RNC is primarily focussed on how those agencies will best be able to meet their needs to communicate electronleW within and among organizations. This effort is proposed to be through voluntary association among the Interested parties with an emphasis on: effective data transmission;compatible hardware and software;cost effective shared Infrastructure and service; coordinated efforts to obtain fundkig; and compatible practices and procedures that allow for greater ease in data sharing and comparison. The CCM is primarily concerned with developing-a workable framework for agencies that have the need and ability to benefit from the public access opportunities that are available through cable television franchise provisions for PEG access. To maximize effectiveness and minimize costs these systems will require interagency cooperative""nership efforts that focus on video tedmiogy and also interface with the Internet(SLONET specifically is Involved as our community access provider), the educational community's instructional wireless communication programs, as wag as the electronic data process. 0000717 The following W the basic goals, efforts,and products the two groups are now working toward accomplishing: Consortium for Qommunity Media The CCM ie currently formulating recommendations and reports that will be integrated into a comprehensive countywide plan. The CCM is currently divided into four working groups: Inventory Working Group Interactive Bulletin Board Working Group Government Working Group Education Working Group (note that the GCM is currently meeting to determine priorities and formulate recommendations- the following listing presupposes activities and programs that will likely result from this process): * maintain an inventory of equipment resources - allows system design and c onnectlons to be maximized * establish and maintain an Interactive Community Bulletin Board - permits cable subscribers to use touch tone phone to access specific information from an extensive menu of choices 24hrs/day allows Information to be updated by Information providers via computer connections Research effective video communication applications - design quality Vatchable" products and obtain appropriate equipment * Provide for "Distance Learning' programming - deliver classroom instruction efficiently and flexibly provide equitable access to Instructional, research, teaching and other resources serve students at home, hospitals and other institutions provide for professional development and teacher training provide extension and contract education at remote and/or work sites for professionals and staff at major businesses and governmental agencies, especially in the North County *Make the governmental decision making process more accessible to the public through broadcast of City Council meetings productions explaining major community issues; i.e. public works projects, proposed developments, agency programs such as fire safety, neighborhood watch, etc. Improved access to City services such as recreation, recycling and composting, water conservation, bus schedules and ride sharing, volunteer programs, clean up days , etc. Voter information Promotion of community and cultural events The above listed series of issues summarizes a number of possibilities for the use of public access to the cable system by Education and Government. The other"leg of PEG" -the P which stands for Public-also have a large array of potential uses for this system. This can extend from "Wayne's World"style shows to programming sponsored by the County Symphony or others.The possibilities are enormous and almost unlimited in this arena where the public can exercise a startling fres range of interests. 0000"78 Regional Network Consortium This effort Is probably most Immediate to the operations of the various agencies due to the Increased reliance on the computer systems that function within every department within government and education. The ability to coordinate these systems within agencies is a must. It is becoming equally important to look at how these systems can and will Interface with the other agencies that provide governmental services-especially where reporting,grant applications and other administrative functions that involve state and federal agencies are and will continue to shift toward electronic communications. The RNC has held one general meeting that introduced individuals to the group and several ongoing efforts were discussed. A second meeting is planned for February. The following lists major areas of interest and opportunity for the RNC; ongoing forum for public agencies to share information technology concerns and advancements * workshop sponsor for staff training, services, products/equipment * share technological expertise between agendas * development of common standards, formats, and guldelinas to allow greater ease of communication * interface with community groups, nonprofit and service providers * directory of information technology contacts * coordinated efforts to secure funding The RNC is focussed on data transfer issues as well as agency, school and public aooessibility to Information associated with electronic data transmissions via computers. These efforts Will interface increasingly with other technologies and is intended to maximize the local resources In the most cost effective fashion. The intent of these efforts is also to improve the ability of local agencies to effectively use these technologies in a way that will result in lower casts and improved public access and participation. In short, the Consortium exists to help agencies put together joint projects when it makes business sense for each of them to do so by providing a forum for sharing plans so that areas of mutual interest and benefit can be identified. Information technology is going to increasingly be viewed as a direct service like streets, sewer services,police and fire protection. We recognize Me job of information dissemination as what libraries do and the public Is increasingly looking to their local government for readily accessible Information on the City Coundi and Planning Commission agendas as well as other aspects of government. I hope this information is useful in describing the differences - and similarities in these efforts. I look forward to having Atascadero join the other agencies that have approved the resolution of support for this effort including: each of the other six cities within the county, the County, each of the school districts, the County Superintendent of Schools. Cuesta College, and Cal Poly. If you have questions feel free to call me at 781-4662. Thank you. Sin Stephen A. Devencenzi Rogions.1 Network Consortium u ` TOTAL P.04 0000,79 MINUTES EXCERPT: October 10, 1995 B rd of Supervisors requesting fiscal analysis, urging fiscal prudence, reque mg con eration of public/private partnerships in the area of humane educati and encour ing the preparation of, forpublic inspection, a synopsis of the doc entand how it wi }npact communities. 2. AUTHO E PLEDGE TO FRIENDS OF THE LIBRARY - Reque for $35,000 to be set asid as a certificate of deposit, designated for tascadero Library expansion Staff recommen ion: Approve Brad Whitty provided the sta eport and recommen tion to approve. Public Comments: Sarah Gronstrand, 7620 Del Rio Road, ponded to questions from the Council regarding tho financial status of fund-r ' in efforts and construction plans for the Library expansion. ---End of Public Testimony--- Brief discussion ensued. MOTION: B Councilman Carden, seconded by Counc an Bewley to put e money (535,0001 into a certificate of depo i that will expire on 6/1/96 and thereafter into a 90-day note. Disc sion on the motion: Councilman Luna questioned the intent of 90-day n e. He noted that the funds will still be in the name of the of tascadero and,therefore,the "trust" issue remains the same, Mayor Highl d contended that the proposed action will demonstrate trust and affirm Council' commitment to the funds. Vote on the motion: Motion passed 5:0 by roll call vote. 3. RESOLUTION NO. 10495 - Supporting establishment of a Regional Network Consortium , Staff recommendation: Adopt Andy provided the staff report and recommendation to adopt. He emphasized that there is no cost to the City to join. CC 10/10/95 Page 9 000080 i i Mayor Highland pointed out that there will be in-direct costs associated with staff attending meetings. Public Comments: Rush Kolemaine recommended that the Council question the Council of Governments (COG) about what it is they are proposing that isn't already being proposed by the county-wide Consortium for Community Media. He communicated that while he is supportive of participation, he is also leery of apparent rivalry between two branches of government and suggested that no action be taken at this time until COG can provide an explanation. Public Comments: i Councilman Luna indicated that the funding sources for the county-wide Consortium and the one boring proposed by COG are separate: The Consortium being funded by cable franchise fees while monies to support the proposed network consortium would come from CalTrans. Councilman Carden pointed out that once the study is funded, there will not be any additional funding from CalTrans. Councilman Johnson expressed concern about unforeseen costs and proposed that the matter be sent back to COG for additional information. Councilman Luna asserted that he will not vote to support the resolution and would prefer to see the City Council send a letter to COG staff requesting an explanation of what is being proposed that's different from what the county-wide consortium is capable of doing. �L By mutual consent, no action was taken on the matter and staff was directed to draft a letter for the mayor's signature requesting more information from COG. 4. RESOLUTION NO. 94-95 -Authorizing a lease/purchase agreement with Master Body Sales & Service, Inc., for one four-wheel drive brush fire engine ff recommendation: Adopt j i Chief McCain pr ' ed the staff report and a revised recommendation to replace the brush fire engine with wo-wheel drive (rather than four-wheel drive) brush engine. He noted that the vehicle c erfoi;m a dual role for the time being, but cautioned that there will be a need to pur se a four-wheel drive truck in the future. Brief Council questions followed. MOTION: By Councilman Luna, secon by Councilman Carden to adopt } Resolution No. 94-95; motion pas 5:0 by roll call vote. 4 CC 10/10/95 Page 10 f l 000081 •u nac+vurE DATE_1Q-IL25 ITEMI C-3 ban Luis Obisp o Council of Government`s Regional Transportation Planning AgencyGtas adeno rovereach Morro Bay ' Metropolitan Planning Organization Paso Robles Pismo Beach Congestion Management Agency San Luis n Luis Obispo September 15, 1995 r Andrew, Takata, City Manager A{.._T�SGti:'� 7^LI,Y M � 0 City of Atascadero 6500 Palma Ave. Atascadero, CA 93422 Subject: Resolution of Support for the Establishment of the Regional Network Consortium Dear Mr. ata: In conjunction with our agency's efforts to facilitate.electronic communications; we have been; eeting with city and county staff;as well as school district,_Cuesta College, and Cal Poly personnel and other interested.parties todiscuss options for coordinating+efforts to.,establish and irnprove .electronic data capabilities and connections As a'result of these-meetings a steering committee,was established to define and organize:a plan of,, action to--facilitate increased-.electronic accessibility;for;the 'residents; businesses and agencies within San Luis Obispo County. The formation of a "Regional Network,Consortium"-is proposed,as a means to assist agencies :in ,their development:of;electronic networks: The. Consortium is-intended`to_ foster greater connectivity;among jurisdictions, schools, and state'and federal agencies. This;network will provide a forum allowing:organizations to collaborate; .in the most cost,, effective fashion, on systems, that will expand "their, resources for the technical and business advanta9e of the community as well as foster::improved public, access. and , participation. :The attached Mission Statement describes the,framework for this,-effort:. The Steering Committee is. recommending that-each agency,within the county`adopt a resolution of support for the Regional Network Consortium (see attached model Resolution). The first meeting of the Consortium is scheduled for November 15th at2PM in the-San Luis Obispo Ci /County Library Auditorium to allow time for jurisdictions to consider adoption of the resolution prior to that date. NETLTR2.APR 000082 1150 Osos St. Suite 202, San Luis Obispo CA 93,401 ♦ Te1.,(805) 781-4219♦ Fax. (805) 781-5703 The project is proposed as a collaborative effort. Agencies that have been active participants include: City and County Governments Arroyo Grande Atascadero Grover Beach Morro Bay Paso Robles Pismo Beach San Luis Obispo San Luis Obispo County Educational Institutions Cal Poly SLO County Superintendent of Schools Cuesta College Coast Union/Cambria/Cayucos San Luis Coastal Unified Atascadero Unified School District Paso Robles School District Templeton Schools Lucia Mar School District Community Organizations Nipomo Area Advisory Committee SLO Chamber of Commerce Consortium for Community Media SLONET Please notify us of the meeting date and time when your agency will consider the Resolution of support. Members of the Steering Committee are more than happy to assist in presenting this concept to your governing board. We can also provide a draft staff report on the issue if you are interested. I am very confident that this effort will result in improved services and overall reduced costs for your agency. Thank you in advance for your support. If you have any questions or would like additional information please call the Consortium Liaison Steve Devencenzi at 781.4662. Sincerely, � r Ronal . DeCarli Executive Director NETLTR2.APR 000083 REGIONAL NETWORK CONSORTIUM Working Together Today for Better Networks Tomorrow MISSION STATEMENT Who are we? We are a voluntary association of government agencies in San Luis Obispo County working together in making information infrastructure improvements that will help each organization better meet its technology needs. What do we stand for? Virtually every government agency operating in San Luis Obispo County has plans - formal or informal - for using .information technology to achieve important organization-wide goals such as improving productivity, customer service, community involvement in civic affairs and public access to information. And in almost lmost all cases, these plans require reliable and cost- effective information technology infrastructures that allow electronic communications between remote sites within their own information systems as well as with others. The purpose of the Consortium is to create a forum where information technology plans can be shared and solutions identified that will either help make possible through collaborative efforts what no one agency could achieve alone, or result in more efficient and cost-effective solutions for everyone. How does the Consortium help accomplish this? The Consortium helps bring about better regional networks and electronic connectivity by: ■ Providing an ongoing forum for public agencies to share their plans with each other and in turn identify solutions that can mutually benefit each of them in terms of better service or lower costs. ® Sponsoring workshops to keep member agencies current on new networking products, services and trends. ■ Providing staff from smaller organizations with opportunities to discuss needs and solutions with staff from larger, more technologically sophisticated organizations. ■ Developing technical standards and guidelines for communications hardware and software for use by agencies on a voluntary basis. ■ Working closely with private sector service providers like Pacific Bell and Call America as well as community-based organizations like SLONET, United Way, Chamber of Commerce and the Nipomo Area Advisory Group in identifying ways of improving regional networks and overall electronic connectivity. 000084 ■ Maintaining a directory of information technology contacts from member agencies, private sector organizations and community-based groups. ■ Assisting in coordinating efforts to obtain funding that may be available for improving regional networks through the National Telecommunications and information Assistance Program or similar grant programs. What the Consortium isn't. The Consortium is not another layer of government: it does not act independently nor review or approve plans and activities of other agencies. Each agency already possesses the ability to cooperate with other governmental agencies or private vendors in joint projects and programs that mutually benefit them. What each agency does not currently possess is knowledge about what other agencies are doing (or planning to do) where collaborative efforts would result in a better product or lower costs. In short, the Consortium solely exists to help agencies put together joint projects when it makes business sense for each of them to do so by providing a forum for sharing plans so that areas of mutual interest and benefit can be identified. How does an agency become a Consortium member? Every governmental agency doing business in San Luis Obispo County - a city, state agency, special district, council of governments, joint powers authority, the County - is already by definition a member of the Consortium. However, benefits from membership can only be obtained by actively supporting - and participating in - Consortium activities. 000085 G:\CONSRTUM.RES 06 &8-. RESOLUTION NO. 104-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SUPPORTING PARTICIPATION IN THE REGIONAL NETWORK CONSORTIUM WHEREAS, Effectively using information technology can help achieve key organizational goals of improving productivity, customer service, community involvement in civic affairs and public access to information; and WHEREAS, Developing reliable and cost-effective information technology infrastructures is essential in allowing electronic communications between remote sites within our own information systems as well as with other public and private sector organizations; and WHEREAS, Collaborating with other governmental agencies in San Luis Obispo County can result in more efficient and cost-effective ways of developing regional networks and information technology infrastructures; and WHEREAS, Implementing joint solutions requires a way of identifying and sharing plans with other agencies, which is the purpose of the Regional Network Consortium as set forth in Exhibit A attached hereto; and NOW, THEREFORE, Be it resolved that the City Council of the City of Atascadero supports participation in the Regional Network Consortium. ON MOTION BY Councilmember , seconded by Councilmember the foregoing resolution is hereby adopted on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ATTEST: GEORGE P. HIGHLAND, Mayor LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000086 -t3dtTT38;�" REPORT TO CITY COUNCIL Meeting ate: 1/9196 CITY OF ATASCADERO Agenda l em C--a Through: Andy Takata, City Manager From: Brad Whitty, Finance Director Kelly Heffernon, Administrative Analyst SUBJECT: Authorization through Resolution to allocate funds for the purchase of Stadium Park RECOMMENDATION: That Council consider adoption Resolution No. 01-96 approving the loan of Wastewater Funds to the General Fund for the purchase of Stadium Park BACKGROUND: In December 1989, owners of the Stadium Park property submitted an application to subdivide the 26 acre site into 25 parcels. Due to incomplete information and processing deadlines, the application was returned with a partial refund (see Attachment A). Recognizing the potential threat of development to this historic site under private ownership, the City used its eminent domain powers to condemn the property for fair market value. Since that time, the case has been in litigation and was finally settled with an agreed upon price of$248,500 with interest accruing at 10% per annum until the purchase is complete. On August 24, 1993 Council adopted Resolution No. 101-93 approvin an application,for funding under the Transportation Enhancement Activities Program (TEA for the acquisition of Stadium Parka The TEA program is a component of the federal I termodal Surface Transportation Efficiency Act of 1991 (ISTEA) which provides funding on a competitive basis, for projects that are over and above that which normally be requiredfor enhancing a transportation facility. In February 1995, the Califonriia Transportation Commission (CTC) awarded the City 50% of the funds requested, or $124,000 (see Attachment B). The next two steps in securing the grant funds was to complete a field I Review and submit to Caltrans an appraisal reflecting the requested grant amount. The City received the appraisal report in October 1995 (for reference, a copy of the appraisal can be found on Council's reading desk). The final step is for the City to purchase the property and then submit a copy of the deed and final invoice to Caltrans. The City shou d then receive the grant funds within approximately two months. POO 0P7 FISCAL IMPACT: The General Fund does not have the ability to purchase the property outright and therefore will need to borrow approximately $184,000 from the Wastewater Fund to acquire the property. The amount borrowed would need to be repaid on a quarterly basis and within a reasonable period of time at an interest rate that the Wastewater Fund could reasonably expect earn on those funds. The Wastewater Funds are currently earning 5.80% at the Local Agency Investment Fund (LAIF) in Sacramento. The interest rate would be adjusted annually based on the average rate earned at LAIF over the course of the previous year. The General Fund's financial condition would dictate that the quarterly payments through June 1997 should be interest only, and then principal and interest (P&I) payments would commence July 1997 with the loan being completed within five years of the Joan date. Assuming the above option is chosen, the General Fund would make quarterly interest only payments of approximately $2,668 from the commencement of the loan until July 1997. The P&I payments would be approximately $4,851 per month over the remaining 42 months. Therefore, the total loan repayment would amount to$219,750. Repayment of the loan could be derived from a combination of sources. Future revenues would be,pledged to pay back the loan as well as expenditure cuts. Additionally, future consideration may be given to the formation of an assessment district to repay the loan to the Wastewater Fund under the auspices of The Landscaping and Lighting Act of 1972 (Streets & Highway code Sections 22500 et,seq.). The assessment would encompass all parcels in the city. The act allows cities to levy special assessments for land purchase and the construction, operation, and maintenance of parks, landscaping, lighting, traffic signals, and graffiti abatement. Note that this acquisition was not a budgeted item in the 1995-96 budget and a General Fund line item expenditure would need to be created. The Wastewater Fund would pay the entire acquisition cost of $320,722 and then will be reimbursed by the TEA grant and possibly the ALPS Certificate of Deposit (if board approved), before the fiscal year-end. Should any of the funding sources fall through, then the General fund will be responsible for the repayment to the Wastewater Fund. (See Attachment C for a break down of funding uses and funding sources for the purchase of Stadium Park), Encl: Attachment A Letter denying request of time extension and return of application to subdivide Stadium Park Attachment B: CTC approval of TEA funds for the acquisition of Stadium Park Attachment C: Summary of Funding Uses and Funding Sources for the acquisition of Stadium Park 000088 RESOLUTION NO. 01-96 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE LOAN OF WASTEWATER FUNDS TO THE GENERAL FUND FOR THE PURCHASE OF STADIUM PARK WHEREAS, the Atascadero City Council adopted Resolution No. 58-89 officially recognizing Pine Mountain Stadium Park as an important historic site; and WHEREAS, the City of Atascadero has condemned the property for $248,500 plus accrued interest and administrative costs; and WHEREAS, the City has applied for and received grant funding approval under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) for $124,000 towards the purchase of Stadium Park; and WHEREAS, the Atascadero Land Preservation Society has a Certificate of Deposit available to reimburse part of the General Fund's loan from the Wastewater Fund; and WHEREAS, the General Fund will repay the Wastewater Fund with interest for all loaned monies expended to purchase said property; and WHEREAS, the interest rate shall be a fiscal year average of the Local Agency Investment Fund rate, recalculated annually; and WHEREAS, the pay back period shall not exceed five years, with quarterly interest only payments through June 1997, then becoming monthly principal and interest payments over the remaining period; and WHEREAS, the General Fund shall be able to payoff the Wastewater Fund at any time during the life of the loan. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Atascadero does hereby approve the allocation of funds to purchase Pine Mountain Stadium Park. 000089 Page 2 Resolution No. 01-96 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: January 9, 1996 ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000090 ATTACHMENT A ADMINISTRATION BUILDING � 6500 PALMA AVENUE taseadei® ATASCAOERO. CALIFORNIA 93422 POLICE DEPARTMENT PHONE: (805) 166.8000 INCORPORATED JULY.2. 1979 6500 PALMA AVENUE CITY COUNCIL ATASCAOERO,CALIFORNIA 93422 CITY CLERK PHONE: (805) 466.8600 CITY TREASURER CITY MANAGER ADMINISTRATIVE SERVICES DEPARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCADERO.CALIFORNIA 93422 PARKS AND RECREATION DEPARTMENT PHONE: (804) 466-2141 March 27, 1990 Mr. Daniel J. Stewart Daniel J. Stewart & Assoc. P .O. Box 2038 Paso Robles, CA 93446 RE: TTM 28-89 (Tract 1896) Stadium Park Dear Dan, I am in receipt of your letter of March 19, 1990 requesting an extension of time to complete the filing of the above referenced Tentative Tract Map application. I regret that-our ordinance and the demands of scheduling other projects for review and action will not allow us to grant the extension you seek. Please be advised that this action, and our return of your incomplete application, do not prejudice your future submittal of this or a similar proposal. I have requested that our Finance Department process a partial refund of the application fee previously submitted. Our check for $385 . 00 will be mailed to the applicant under separate cover. If you should have any further questions, please don't hesitate to call me. Sincerely, Ov Steven L. DeCamn_ City Planner cc: C. Fluitt, Owner Earl Ward, Applicant Finance Department \ 000091 r ATTACHMENT B CI ux—"�'j STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY PETE WILSON,Govemor DEPARTMENT OF TRANSPORTATION P.O.BOX 8114 Pe '» SAN LUIS OBISPO.CA 93403-8114 Y TELEPHONE(e05)5491311/ TDD(805)549.3259 March 2, 1995 05-SLO-0-Atas Mr. Henry Engen Development Director City of Atascadero 6500 Palma Street Atascadero, CA 93423 Congratulations! The California Transportation Commission (CTC) funded your acquisition of Stadium Park. Please see attached FAX. If you have any questions,my telephone number is 542-4605. Sincerely, n Smida al Assistance Engineer cc:Wendy Waldron File 000092 MARSHA MASON Otrico of Landscape Arcnitecture State and Local Project Davebpmant 1120'M Stroot, tarn.4428 AGENDA MSV to CALIFORNIA TRANSPORTATION COMMISSION February 22-23, 1995 Sacramento, Califomia Wednesday, February 22, 1996 1:30 p.m. Commission Meeting Senate Hearing Room 2040 State Capitol Building Sacramento, California 7:00 p.m. Commissioners' Dinner Frank Fat's 806 V Street Sacramento, California 1hursdav, February 23, 1995 8:30 a.m. Commission Meeting Senate Heating Room 112 State Capitol Building Sacramento, California CLOSED SESSION REGARDING LITIGATION, GOV. CODE SEC.:1112GRIW31 NOTE: The Commission will move Into Closed Session, upon completion of all other agenda items, on Thursday, February 23, 1995. Post-it"brand fax trans ttittal memo 7671 Rolpages r T From /► MWICE, Agenda Items, other thaI3 1hoo asst ed a co. co JWo-day Commission meeting. Dept. gncn•M Uzi.— Few•�M J — 9K R 000093 FRCM:LANDSCAPE ARCHITECTURE TO:DOT-DISTRICT S MAR 2, 1995 11.14AM 9214 F.02 Page 6 (item 2.5 Contd.) ' e, informational Report- Emergency Allocations (1) Non-Northrldge Earthquake Related Emergency Allocations I D 4 Projects for a total of$2,500,000 (2) Seismic Retrofit Allocations I D 5 Projects for a total of$8,596,500 f. Financial Vote-Supplemental Funds for previously approved projects- A D Additional $205,000,000 for Cypress reconstruction projects. Resolution FA-94-5 Q. Financial Votes-Six Major Projects totaling $11,213,000 plus local contributions A D of$1,900,000. Contingent upon approval of the 1995 Allocation Plan. Resolution FP-94-27 h. Financial Votes- Eighteen Transportation Enhancement Activity(TEA) Projects A D totaling $8,891,280 plus local contributions of$8,104,308. Contingent upon approval of the 1995 Allocation Plan. Resolution FP-94-28 1. Financial Votes-Approval to use local Regional Surface Transportation A D Program (RSTP) obligation authority for thirteen Local TEA projects totaling �X K -$12,557,000 In exchange for withholding an equal amount of local RSTP & CMAQ funds until obligation authority for TEA funds can be paid back qt a future date. Resolution FP-94.29 J. Financial Votes-Allocation of$3,000,000 for direct reimbursement of project A D development work on local TEA projects in which environmental studies, design or engineering has been Included in scope wont. Resolution FP-94-30 - k. Financial Votes- One STIP Project with cost increases greater than 20% of A D • programmed amount. Resolution FP-94.31 • 4-SCI-17- Construct overcrossing, retaining walls,grading, and paving, and off-site oak woodland mitigation and riparian mitigation in the vicinity of Lexington Reservoir. Current estimate is$3,977.000; current STIP value is$2,657,000 for a SO% Increase. 2.6 Mass Transportation Financial Matters -0- Total Proposition 108 Allocations $ 32,769,903 Total Proposition 118 Allocations $ 9,800,000 Total Transit Capital improvement(TCI) Program Allocations $ (1,000,000) Total State Highway Account TCI Program Allocations $ (2,800,000) Total Transportation Planning and Development(TP D)Account TCI Allocations -0- Total State Administered Federal Funds Allocations $ 42,569,903 Grand Total State Allocations $ 89,525,000 Total Contributions of Other Funds (Local or Federal) 000094 2.5(h) Allocations for Federal Transportation Enhancement February 22-23, 1995 Activities TEA Projects Contd Resolutlom,FP-94-28. Allocation Project# Project Descr?ptlon Amount District/County Protoct ti-ant Prosect Fundinq Prog Year t •r�<4%h -0. " Y .n adw�r t'4.e' •.' irr '" K9C*c;Y:q ,c > K - , 12 County of Sacramento. Sacramento Northern Railroad Right of Way Acquisition. $531,160 Acquisition of abandoned railroad right of way In Rio Linda 03 for future bikeway. Sacramento Federal(TEA): $531,180 State: 1994-95 Local share: $68,820 Total estimate: $600,000 13 City of Yuba City. Plumas Street Pedestrian& Scenic Enhancement. $400,000 Provide landscapfng&construct pedestrian walkway on 03 Plumes Street between 8 St.& Franklin Ave, Sutter Federal(TEA): $400,000 State: 1994.95 Local share: $100,000 Total estimate: $500,000 14 Los Angeles County N.E.San Pernando Valley Greenway. $433,000 MTA. Planting over 3,000 trees along 12.2 Mlles of Metrolink 07 right of Way. Los Angeles Federal(TEA): $250,000 State: $183,000 1994-95 Local share: $ 51106 Total estimate: $438,106 15 City of Los Angeles. Wilshire Blvd Streetscape. $1,413,000 Provide urban enhancements along Wilshire Blvd the route 07 of the Metro Red line Segment 2. Los Angeles Federal(TEA): $1,413,000 State: 1994-95 Local share: $ 815,000 Total estimate: $2,228.000 16 City of Atascadero. Stadium Park Acquisition. $124,000 Acquisition of the historic Stadium Park near State Routes 05 41 & 101 in Atascadero, San Luis Obispo Federal(TEA): $124,000 Slate: 1994-95 Local share: $124,500 Total estimate: $248,500 17 City of Los Ange:as. Hollenbeck Lake Purification. $546,000 Instaflation of a water fi!t►a!!o^!asratio.Nexidatbr;s,sts^1 to 07 j mitigate contaminatln��A,lo&d by storm water run off from e......t...._ ck Lake. Post•It'*brand fax transmittal memo?671 ►o, pages► 2� 000 �-. !e* 1994-95 000 000 at outs 710. $141,000 Dept• om' tf G2� ��(� ieway, Lt Fer.M `.,` 1 Fex foo vo mate: $266,000 1994-95 Federal(TEA): ($8,708,280 ----) State: ($ 183,000 •---) ;j 2aQ Local share: $6,104,308 Total estimate: $14,995,588 8 000095 Attachment C Stadium Park Purchase Funding Uses Principal Due $248,500.00 Interest 7/93 to 6/94 24,850.00 Interest 7/94 to 6/95 24,850.00 Interest 7/95 to 12/95 12,149.00 Interest for 1/96(every month thereafter) 2,071.00 Taxes for 1993/94 652.00 Taxes for 1994 through present(est.) 1,300.00 Appraisal Cost 2,500.00 Total Land Cost 316,872.00 TEA Consultant Costs 2,850.00 Incidental Costs 1,000.00 Total Transaction Costs $320,722.00 Funding Sources TEA Grant 124,000.00 Note i CD-Atascadero Land Preservation Society 12,290.00 Note 2 Wastewater Fund 184,432.00 Note 3 $320,722.00 Note 1 The Transportation Enhancement Activities Grant has been awarded and will be received by the City once the acquisition is complete. Note 2 The Atascadero Land Preservation Sosciety(ALPS) has a CD that is maturing in March 1995 that may be pledged towards acquisition costs. This CD would go towards reimbursing the City for costs that it will put up front. Note 3 The Wastewater fund would loan the General Fund the money at the Local Agency Investment Fund interest rate. (Currently at 5.80%) These funds would be repaid within a five year period. Interest rate would be adjusted annually to the prior 12 month LAIF average rate. 000096 REPORT TO CITY COUNCIL AGENDA ITEM: C-3 CITY OF ATASCADERO DATE: 01-09-% THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Director/5e Department of Community Services SUBJECT: PROPOSAL FROM THE ATASCADERO HISTORICAL 30CIETY TO NAME THE CITY ADMINISTRATION BUILDING IN MEMORY OF E. G. LEWIS. RECOMMENDATION: Provide staff direction. BACKGROUND: The Atascadero Historical Society and Mayor George Highland have s ggested that the City Council consider renaming the City Administration Building after Colony ounder, E. G. Lewis. I The current City Administration Building was purchased by the County f San Luis Obispo in 1951 from Ms. Dorothy Aldrich for a Veteran's Memorial Building. A uilding expressly for veterans was needed in each community at that time. When in use by th veterans groups, the lower two floors were reserved for their use. The building also had a variety of community uses by the County. In 1952, the building was dedicated as the "Veteran's Memorial Buildin " by the County. A plaque at the base of the flag pole in front of the building memorializes d a men and women of the County who perished while serving their country. Another plaque in t e same area describes the "Atascadero Administration Building" as a State of California Zegistered Historical Landmark (No. 958). During the first year of incorporation, several people remember the first City Council deciding to name the building the "City Administration Building." However, City Clerk, Lee Price, has been unable to find any official minutes or records of such an action. Marjorie Mackey has brought in some historical information on the Bu'lding and Mr. Lewis which is attached to this report. DISCUSSION: The naming of the City Administration Building for E. G. Lewis would a consistent with the City's new policy for naming public facilities because of Mr. Lewis' historical significance and his considerable contributions to the Atascadero community. 00009'7 The City of Atascadero is no longer obliged to retain the name "Veteran's Memorial Building." It has also been suggested that in addition to naming the City Administration Building in honor of E. G. Lewis, that the Building also be called "City Hall." The City Manager and a majority of Department Heads agree that calling the Building City Hall, rather than the City Administration Building is preferable. Most people seem to associate the Building with both names, so this does not seem to be an important issue. However, the City Council may want to consider calling the Building City Hall now while considering naming the Building for E. G. Lewis. Some possible options for naming the Buildingare: 1. City Administration Building/Veteran's Memorial Building (current name, although Veteran's Memorial is commonly not used). 2. E. G. Lewis City Administration Building. 3. City Hall at the E. G Lewis Building. 4. City Hall Veteran's Memorial Building. 5. City Hall. Staff believes the word, "City", should be used in any of the names adopted so that the building is associated with City government. FINANCIAL IMPACTS: Changing the signage for the Building (excluding historical plaques) would be less than $375.00, depending on the name chosen. The Historical Society has pointed out that if E. G. Lewis' name is added to the current City Administration Building name, no signs really need to be changed. Signs, stationary, etc.,'- would be altered appropriately only when they are replaced. Regardless of the name chosen, sign costs would not be significant. CAMYCOUNUAN09%.RPT 000098 Atascadero Historical Society s �_ I i Post Office Box 1047 `--- -- --R Atascadero, California 93423 FITIR,S Phone (805)466-8341 ^� 1i11 , A Non-Profit Corporation T n� CITY October 6, 1995 - - ADMINISTRATION BUILDING CALIFORNIA STATE HISTORICAL LANDMARK NUMBER 958 LISTED IN NATIONAL REGISTRY OF HISTORICAL PLACES Andy Takata, City ?tanager City of Atascadero 6500 1 alma Avenue Atascadero Dear Andy; At the regular meeting of the Board of Directors of the Atas- cadero LIistorical Society this morning, the Board reaffirmed its earlier expressed desire for the Administration Building to be renamed as the E. G. Lewis Administration Building. Also, this morning, in a unanimously .supported motion, the Board moved to petition the Atascadero City Council to pur- sue. this action to honor the founder of this community. Although an announcement by the City Council to adopt this course of action made during the coming Colony Days would be dramatic, the date when it would be implemented could be set a reasonable time in the future in order than an inex— cusable waste of letterhead or other paper not occur. It is the Board's desire that copies of this letter be given each City Council Member. Rm d K. se y Jan n, Corres_•ondence Secretary 000099 Historical Society Museum ,0(40,1*.fib LOWER ROTUNDA. ADMINISTRATION BUILDING 6500 PALMA AVENUE. ATASCADERO ID - io ivO .UUt) F .01 OU LN FAX. COVER 3lIEBT profC62e , ATIN: r .�.. G�� FRol4l. cl��rG-K--- �UP, DATRI REP1' NO. UF PAURSt - - MEssAGE `C__Q:L A . C Aj Cv C � 1 �...' 1A.) A6 AIou 2-1 36 000105 _-'�� `" ^ �_� �+ • ��.......�..... rA OIAT4 a rWAIAM.7x70 r f=AX if (805) 466. 5128 PhIlDift ---- - De9 1p to that disgrace,a$40,000 marble bust of him was recently �O1/ �s�yg�} installed in the U.S.Capitol u can� L building,with an unveiling IMBdllMW,Demnlbw 6,1995 B-Z : ceremony organized by the Senate, San Us Obispo Rule' 0=4Telegrarr}Tnbtme beat callZ iv�g E.G.Lewis,the son of an b Episcopal minister,started his business r.selling a mixture - -- -----—------ - it ch-- Hall nicotine claimed would neutralize the nicotine in cigarettes.Then he sold bug repellants,including Bug PASO ROBLES—The recent Chalk,a stinky crayon for drawing Proposal to rename Atascadero's lines,which he guaranteed city hall strikes me as half right. !cockroaches wouldn't cross. I don't live in Atascadero.I'm Around 1901,he moved into Just speaking as a nosy neighbor. magazine publishing and land The building is now called the subdividing.His"Woman's City Administration Building. Magazine"had a circulation of 1.6 Last month the Atascadero million.He also published other Historical Society asked the City women's magazines and a national Council to rename it the E.G. daily newspaper. Lewis Memorial Building. His headquarters was in a city Edward Gardner Lewis founded he founded in 1903 near St.Louis, Atascadero in 1913,but he had a Mo.It was University City,which few imperfections,such as being in 1990 had a population of 40,087. convicted In 1928 of mail ftud.So In 1908 he formed the American the council put off acting on the Woman's League to help women name change. get and use the right to vote.Its As I said,I like half the proposal. members also sold magazine I agree the naive should be subscriptions for him. changed,but not to the E.G.Lewis After Mr.Lewis went bankrupt A4emortal Building: in 1911,he reorganized the League I don't oppose the name because into the American Woman's of his felony conviction.I just Republic,with his wife as think it should be called plain old president and himself as City Hall. counselor. Isn't that what most people call it IIn 1912 he borrowed$2,000 and already?It's the customary name. came to California,where he Nobody would ever say,"You bought the 23,000-acre Atascadero Can't beat the E.G.Lewis Memorial Rancho with=500 down. Building." He then laid out Atascadero and Administration Building also called it the"California Colony of flunks.the"You can't beat"test. the Women's Republic."The And besides,cities dolt have Republic faded away by 1920 when administration buildings—school women finally got the vote. districts do. His mall-fraud conviction didn't I know Mr.Lewis,himself, involve Atascadero,but stemmed called it the Administration Ikom his solicitations for money Building.That,however,was in a for oil and mining projects. different era,when it was E.G.Lewis dreamed big dreams headquarters,not just for his and raised big money to finance Ataseadero colony,but for his far- them.He should be remembered, flung business empire,including but not by encumbering City Hall. publishing ventures,oil wells, Maybe his name could be given to mines and the development of the park in 8-ont of the City Hall, Palos Verdes. now called the Sunken Gardens. It's natural that some Atascaderans are reluctant to name their city hall for a man was bankrupt twice,indicted 15 times, convicted once and sent to federal T prison for six years. But Mr.Lewis'record doesn't - really bother me.He may just have been a man who dreamed better than he managed. Was he any worse than Spiro Agnew,who resigned as vice President of the United States In 1973 after being accused of accepting bribes as vice president and governor of Maryland? Mr.Agnew pleaded no contest to Income tax evasion and paid $270,000 to Maryland for the kickbacks he was alleged to have received. 000106 MEMORANDUM TO CITY COUNCIL ITEM: C-4 +• DATE: 1/9/ 6 THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Director of Community Servi es.,,0� SUBJECT: REQUEST FOR TEMPORARY STREET CLOSURE F EL CAMINO REAL ON SATURDAY, NOVEMBER 2 1996 RECOMMENDATION; Staff requests that the City Council decide to approve or deny e request for street Closure. BACKGROUND: On November 1, 1995, the Community Services Department rived a request from Jeremy Nelson, Assistant Band Director at Atascadero H" h School to clolse El Camino Real on Saturday, November 2, 1996. The purpose of the Street Closure is to conduct the "Greyhound Spectacular", a Parade and Band review, intended to attract High School Marching Bands from . throuhgout the State. The "Greyhound Spectacular" would follow a similar route of the Colony Days Parade, and require similar traffic controls and City Staff participation. A copy of the Street Closure Request Form and letter form Jeremy Nelson are attached. As is the normal process, the Street Closure Request Form wa routed to the Police, Fire and Community Services Departments for their approval. The Fire and Community Services Departments approved the request. Due to financial conciderations and impacts on staffing levels, the Police Department recommended that the request be forwarded to the City Counc 1 for final approval. DISCUSSION: The concerns expressed by the Police Department are detailed in the attached Memorandum dated December 5, 1995, from Lt. Bill Watton tc Geoff English, Recreation Supervisor. Essentially, Police Department has two concerns regarding this event: 1. Financial Impacts Lt. Bill Watton estimated that the cost to the Polic Department to provide the needed manpower for traffic control arid event coordination at $2,000.00 to 2,500.00. 000107 2. Potential Complaints As a result of the Colony Days Parade, The Police Department receives numerous complaints from the public. This event will undoubtedly cause some public complaints resulting from the inconvenience to both the residential and business community. FINANCIAL IMPACTS As previously mentioned, the estimated cost to the City would be aproximately $2,000.00 to $2,500.00 This cost should be paid by the applicant. There are also other indirect costs that will result from this event, namely staff costs related to coordination of the event details. OPTIONS Option #I- Deny the request based on the impacts on City staff, residents and business. Option #2- 'Approve the request and require the applicant to pay the Police Department costs. Option#3- Approve the request and allocate contingency funds to pay for the Police Department costs. 000108 MEMORANDUM TO: GEOFF ENGLISH, RECREATION SUPERVISOR FROM: LT. BILL WATTON, POLICE SUBJECT: ROAD CLOSURE, AHS REQUEST DATE: 12-5-95 Per your request I have outlined below some of the concerns I have for the proposed road closure for the AHS band function on November 2, 1996. A function of this size will take considerable planning and funding, as is the case with the Colony Days functions. I would want to make sure that planning and funding is done by those wishing to put on this function. Should any employees of the police department be needed we would request that all cost be paid by the sponsor of the function. We would be happy to work with the planners for this project, as it would be nearly the same plan as Colony Days. Some of the considerations for a project this size are; Barricades -provided by the City or rented (about 50 needed) road closed and detour signs needed personnel to man ALL intersections that are closed Highway 41 North, from 101, closure permit required from Cal Trans, cost $600.00 insurance required $1,000,000. time required for permit, about 3 to 4 months need City Council resolution Eleven roads closed or blocked. "No Parking" signs needed(about 100 with stakes) signs need to be in place at least 48 hours in advance three to five vehicles towed each year For Colony Days, the police department handles numerous complaints, and small details that come up just prior, or during the events. All complaints from the community would need to have a contact person from either the sponsor or recreation department. Estimated cost for Colony Days is about $2000.00 to $2500.00. If you have any further questions, please call me. C 000109 CITY OF ATASCADERO STREET CLOSURE REQUEST FORM FULL NAME OF ORGANIZATION: I'^L Sc''lY erg NAME OF PERSON MAKING APPLICATION: : � fV/ ADDRESSc% c/i00� y/l CITY: �f'.5, c/ta^J PHONE: DAY EVENING DATE(S) OF REQUESTED ROAD CLOSURE:.. NAME OF STREET: EL FROM (ADDRESS OR STREET) : urb�ri L TO: TIME OF CLOSURE: FROM: 7,3(�... TO: Q(] PURPOSE FOR CLOSURE: ��7� 2 17�e�/,rx.ityc� ��� */92 � �,Aora• Pt//F cc/ c2sr� ��1 bf,4s� ar,/o�i �j/ /, v� L ► / PROPOSED ALTERNATE ROUTE: `° PROPOSED EMERGENCY ACCESS PLAN: TnarlZe_ L.ry noi J rr R G'AP f PROPOSED TRAFFIC CONTROLS (SIGNS, POLICE, ETC. ) : 1c% -AL) QAR tV� s�_ ;s �-��►�'�',� e0X'b�/ All 'Vc,0ai `P 6V SIGNATURE OF APPLICANT: DATE: z✓' (Request must be made nimlL of 20 working days prior to event) 000110 (FOR OFFICE USE ONLY) DATE RECEIVED: 5 l 2 APPROVED BY (ALL DEPARTMENTS MUST APPROVE) : f FIRE DEPARTMENT POLICE DEPARTMENT PARRS/REC./ZOO DPT APPROVED — IC /_/ APPROVED /_/ APPROVED DENIED /_/ DENIED /_/ DENIED REFER TO COUNCIL 6!g7 REFER TO COUNCIL /�/ REFER TO COUNCIL REASON FOR DENIAL OR COMMENTS: MUST PAoyiag 1t-f- F-vu�-%lb b✓lf-Xj�bUr ad-- CuA&Qv.- eoucs i�^b,,%T. MAST" SAC(F(C tmrkt rnT-W Fa9- PARY-116 A lb-0 PML-( 9�a+dS 516NS t=7ti., (USE ADDITIONAL PAGE IF NECESSARY) SIGNATURE: SIGNATURE: .'SIGNATURE:I -V -V"' DATE: DATE: DATE: CITY MANAGER'S ACTION: SIGNATURE: DATE: CITY COUNCIL ACTION (IF APPLICABLE) : 000111 ■ ' CITY. OF ATASCADERO 6500 PALMA AVENUE PERMIT NUMBER: 19 e ATA5CADERO, CA 93422 �A► CAI (805)461-5005 APPLICATION FOR OUTDOOR FACILITY RESERVATION J Name: , Sf.�.L) I_ .. cr" 'rt X11 Application Date: It 'I 1 LaSt ,t 1 First Address: /� AG), �.��c. �/ �7i//City State: L llf Zip: Phone: (Work)ppgg 4 C7EXT. L PLEASE CHECK ONE: ❑ Individual ❑ Organization ❑ Resident ❑ Non-Resident ® School Organization ❑ For-Profit ❑ Non-Profit ❑ Partnership (Type): IF REPRESENTING FOR AN ORGANIZATION, COMPLETE THE FOLLOWING: Name of Organization: -t Avv! Purpose: AL►,z/ /9+®y c c/ Applicant's relationship to Organization �' .a. IRS NO. (If non-profit): Name of Person in charge of the event:Uerfoi u kispL) Title:. isf�,✓1 ,l?�. r/ moi, r A Address: e !� c 1�-� 1 - r'�/ ��<,��Pr�r <'sPhone Number. �// FACILITY REQUESTED �7 DATE(5) REQUESTED:` ,/I/J! �6 DAY OF WEEK_ '�i TIME''TO: ! FROM EVENT DESCRIPTION: Ad A"'ryi u') TEAM NAME IF APPLICABLE: ATA5CADERO LAKE PARKPALOMA CREEK PARKS BBQ AREA #1 ❑ VOLLEYBALL COURT ❑ PALOMA CREEK 5OFT13ALL FIELD #1` ❑BBQ AREA #2. ❑ ALVORD BASEBALL FIELD PALQJREEK SOFTBALL FIELD #2 ❑BBQ AREA #3 - TRAFFIC WAY.PARK� PALOMA CREEK SOCCER #1 ❑GAZEBO ❑ TRAFFIC WAY 5OFT13ALL FIELD#1. ❑ ,FALOMA:CREEK 56CCER42 ®SUNKEN GARDEN ❑ TRAFFIC WAY 5OFTBALL FIELD #2' ❑ PALOMA GREEK1350AREA SPECIAL REQUEST: ELECTRIGITY:.(AVAILA15LE AT B6Q 1 &2, GAZEBO, SUNKEN GARDENS, PALOMA CREEK, TRAFFIC WAY ONLY)' - LI.GHT5: (AVAILABLE AT BBQ'S 1.& 2 GAZEBO AND PALOMA:CREEK SOFTBALL FIELD-0N0) (ALCOHOLIC BEVERAGES ARE ALLOWED TO BE CONSUMED IN ATASCADERO CITY PARKS. SALES OF.SUCH ITEMS DOES REQUIRE DIRECTOR APPROVAL , APPROPRIATE PERMITS AND INSURANCE) Will Alcoholic"Beverage be'561(1? Yeo: No: Will Food Items be Sold? ` Ye5. E, N Will a Live Band Performing Yes:- No: Performance Time: (Max Time 8 AM 5 PM) From: To: NO AMPLIFIED MUSIC AT ANY OUTSIDE FACILITY AT ANYTIME Will any fees / donation be received: Ye5: X _ No: I understarl'd that is n plic n for space_and datea�ONLY`and that this-15'not a�`contir'act, 51GNATURE `�-- DATE: 1cl White Copy: Facility Coo nator Pink Copy:-Pavilion Staff Yellow Copy: Origination Staff/D�pti-'' ADMINISTRATION BUILDING The Atascadero Administration Building (now the City Hall) was built by Edward Gardner Lewis as the Administration Building for his Atascadero Colony. The cornerstone was laid in June 1914 and construction was started, but due to the need for more crucial buildings it was not finished until 1918 when the first two floors were occupied. Work continued on the upper floors and it was fully used by 1921. E.G.Lewis was born in Connecticut in 1869 into a family of Episcopalian priests; his father, grandfather, and great-grandfather were all ministers. He attended college in Connecticut but left school after the second year and became a salesman. After some time selling on the road he met and married Mabel Gertrude Wellington in Baltimore. They moved to St. Louis where he bought a news paper and several magazines. At one time he published THE WINNER, THE WOMAN'S MAGA- ZINE and THE WOMAN'S FARM JOURNAL. Here Lewis bought land and founded University City. Among other buildings he built the Octagon Building as his headquarters. It is now their City Hall and on the National Register of Historic Places. On the interior walls are large murals showing Lewis and his work. In University City hr founded The Womens Republic , an Art School of consid erable note, and a Peoples University. Through the Women's Republic Lewis became a leader in the womens' suffrage movement. Because of these magazines he had a tremendous following and a large mailing list. He had trouble with the Postmaster General who brought suit against him on many charges. Yhr Museum has a newspaper with the headline reading " Lewis acquitted on 31 counts. While that trial was go- ing on the government withdrew his mailing privileges, not even allowing him to receive his per- sonal mail. Of course the loss of mailing privileges for a publishing business destroyed that business and forced Mr. Lewis into bankruptcy. When his mailing privileges were returned to him he corres- onded with his large mailing list telling them he was looking for a place to start again in California. He came to this area and found this property. It suited his needs, as he said, "It was on the railroad, on the state highway, far enough from the ocean that there would be little fog, and it was FOR SALE!" He paid $500 down for the 23,000 acres for the working cattle ranch. He appealed to his backers and raised the necessary money to obtain title and the deed was passed to him on July 4,1913 Back to the Building: From 1918 to 1924 it served as Mr. Lewis' headquarters and offices. In 1924 he went into bankruptcy; forced there by a group of investors in Seattle, who, to my under- standing, had only around $7000 invested but they charged him with mail fraud and sent their attorn- ey to Atascadero to recoup their money. Their wars Oscar Willett who became the Administrator for The Atascadero Development Syndicate when Mr. Lewis went to prison in 1928. Mr. Willett put all the existing buildings up for sale. The Ad. Building and the Printery were purchased by the Moran School of Bainbridge Island in Puget Sound. This was a Boys' Prep School and Junior College. They used the buildings for dormitories and classrooms, calling it their Calif- ornia campus. After Moran left during the depths of the depression (most of the students had been from very wealthy families and times got hard for everyone!) two other boarding schools tried to carry on. They were Miramon and Amerivet. The owner of Amerivet, Colonel Aldrich, died and his widow put the property up for sale. The building stood vacant and neglected for several years until, at the behest of John Ruskovich, our County Supervisor at the time, and Bill Peck, local theater operator, the County bought the building as a Veterans' Memorial Building. County offices were moved into the building. The third floor was exclusively for Veteran's activities. The County useage continued until Incorporation when the County gave the new City the building for $1.00. The County had been trying for some time to rid themselves of all the Veterans' buildings but couldn't find any takers because of the upkeep and liability so they saw this as a golden opportunity.. and the new City needed a City Hall. At some time the building housed the Sheriff's dept., the County Library, Social Services, Assessors office, also the Red Cross, Geneology library, 4-H, JayCees, and the Museum. At another time the overflow from the public schools and also the NYA had classes in this building. The upper Rotunda has been the site for wedding receptions, dances, 000100 ATASCADERO ADMINISTRATION BUILDING(abridged version) E.G.Lewis purchased 23,000 acres ro build Atascadero in 1913. This building was started in 1914 but not finished until 1918. It served as his headquarters until 1924 when he went into bank- ruptcy. After that it served as headquarters for Atascadero Development Syndicate until 1928 when Oscar Willett, then Administrator put the buildings up for sale. They were purchased by Moran Prep School and Junior College as their California Campus. After their departure in the 30's two other schools used the buildings as classrooms and dormitories: Miramon and Amerivet. Around 1950 Colonel Aldrich, owner and director of Amerivet, died. His widow sold the property to the County as a Veterans Memorial Building. The County used it as an office building for North Coun- ty branches of the Sheriffs Dept., County Library, Assessors. Social Service, Justice Court, as well as the Museum, Red Cross, geneology Library, 4-H, JayCees and other. -Upon Incorporation the County gave the building to the City for $1. To make the case for adding E.G.Lewis' name to the building I believe Mr. Lewis had a defin- ite impact to this area and several others. Although he went to prison for approzimately $7000, he raised at least fifteen Million, started three cities which are still functioning successfully and had many innovative ideas. In his printery he published the country's first pictorial news magazine, THE ILLUSTRATED REVIEW. This grew to such a large national circulation that Atascadero became the first First Class Post Office in the County.He had a health plan for his employees who paid $1 per month and the entire family was covered including hospitalization. He created one of the first and largest planned subdivisions (Atascadero). He also subdivided the three miles of beach property north of Morro Rock, built a hotel and put a road through the Santa Lucias to connect this property to Atascadero. He built one of the earliest shopping center-malls, dedicated many acres of parkland to public use (much of it was sold by ADS) He made this a Convention City, attracting people from all parts of the country. I suggest the name could be THE E.G.LEWIS ADMINISTRATION BUILDING (and Atasca- dero Veterans" Memorial Building). The new name could be phased in when new stationery is ordered...just the E.G.Lewis Ad. Bldg part. If you adopt in your resolution the Atas. Vet. Bldg. part, that will cover it and the name is on the bronze marker in front already. ( This is my opinion,with some additions by Will Lewis, Nov. 30, 1995. Mar. Mackey.) 000101. AD BUILDING (contd.) p.2 dinners, pancake breakfasts, public hearings on sewers and Highway 41 bridge proposal and now under the City: classes for kids and adults from painting to Karate, Senior excerise to Yoga,to ballet and Western Dance and much more. Now the City Council, Planning Commission and Park and Recreation Commission and other committees meet there. During the Moran School Days Mr. Moran added an apartment on the Fourth Floor for his con- venience when he was in residence. This apartment was used by the resident custodian during the County tenure. It has been abandoned since Cityhood but offers some possibilities. In my opinion it would be suitable to add E.G.Lewis' name to the building since it was built by him. Many wonderful things were created by Mr. Lewis, including the creation of Atascadero. We still have at at least five buildings remaining which were his idea: The hospital (muchly compromised from his concept); the Atascadero Bible Church (his Community Building); the Printery-Masonic Temple; the High School (only the old Administration part remains) and this building which is basic- ally the original configuration. (written by M. Mackey Nov. 1995 with some comments by Will Lewis) 000102 PROPOSED POLICY ON THE NAMING OF PUBLIC BUILDINGS, PARKS, AND OTHER FACILITIES IN THE CITY OF ATASCADERO I . PURPOSE To establish a uniform policy for naming public buildings, parks and other facilities. II . POLICY A. Public buildings will be named by their function. For instance, a city hall will be called a city hall, and a recreation building will be called a recreation building. B. Public facilities will be named by their location in the City, either by proximity to a geographical feature, location in an identified area in the City (such as a street, neighborhood, subdivision, etc. ) . C. The name of a park or recreation facility should, if possible, have geographic, botanical, zoological, agricultural, or historical significance generally recognized and known through the City or local area. D. A public building, park, or other city facility should not be named after a person, unless one or more of the following exceptions apply: 1 . The facility as acquired by means of a substantial gift or donation of funds by an individual, family or corporation. Consent of the donor to naming the facility will be required. 2 . The individual made a substantial contribution in terms of volunteer services providing a broad public benefit to the residents of the City of Atascadero. 3 . The individual has been deceased for more than two years and, in the opinion of the Parks and Recreation Commission and City Council, the person's contribution to the aspect of the City, which the facility represents, was of such value to the City that the person's memory should be honored by the naming of the facility. 4 . The facility can be named after a government fund or grant if the circumstances are deemed appropriate by the Parks and Recreation Commission and the City Council . rr t 000103 0000ee- E. In addition to the naming of public facilities by using the criteria established above, the City can provide for the recognition of individuals, either deceased or living, by the placement of memorial objects (symbols) ; such as, living trees, public benches, rocks, memorial flagpoles, sculptures, etc. , in public facilities. The placement and identification of these recognition symbols will be at the discretion of the Parks and Recreation Commission and the City Council on a case-by-case basis. Note: Sculptures must be consistent with the City's Arts in Public Places Policies and Procedures. 000104