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HomeMy WebLinkAboutAgenda Packet 04/09/1996 PUBLM_RPqEW COPY ATASCADERO CITY COUNCIL Please do no v REGULAR MEETING from coup er APRIL 9, 1996 CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM 7:00 P.M. George Ray George Harold David Luna Johnson Highland Carden Bewley 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 may be taken shall include: A referral to staff with specific requests for information; continuance;specific direction to staff concerning 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 item of business referred to on the agenda are on file in the office of the City Clerk (Room 208) 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 special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. REGULAR SESSION - 7:00 P.M.: (Please see Rules of Public Particiaation, back page) CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL SPECIAL PRESENTATIONS: • Proclaim April 1996, "Public Schools Month" COMMUNITY FORUM: • Millhollin Mine Update A. CONSENT CALENDAR: A#matters listed under Item A, Consent Calendar, are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1. CITY COUNCIL MINUTES - March 12, 1996 (City Clerk's recommendation: Approve) 2. RESOLUTION NO. 24-96 - Authorizing the execution of a Master Card Agreement with Mid-State Bank (Staff recommendation: Adopt) 3. TENTATIVE TRACT MAP 21-89, 8555 EL CORTE - Reconsideration of a previously approved tentative tract map to include modification of the proposed lot config- uration and the Conditions of Approval (Chalk Mountain Village Assoc./Bunnell) (Staff recommendation: Approve) B. PUBLIC HEARINGS: 1. 1996 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) - Consideration of CDBG allocation for Atascadero as part of the S.L.O. County consolidated plan (Staff recommendation: Approve) 2. GENERAL PLAN AMENDMENT 95009/ZONE CHANGE 95011/CONDITIONAL USE PERMIT 95007, 1200-1800 EL CAMINO REAL (Christ Chapel/Levitz) A. Resolution No. 17-96 - Approving an amendment to the Land Use Map by including the properties designated Public from 1200 to 1800 EI Camino Real within the Urban Services Line (Planning Commission recommendation: Adopt) B. Ordinance No. 303 - Amending the official Zoning Ordinance text to create a new land use description of "mini-storage", designate "mini-storage facili- ties", "vehicle and equipment storage" and "recreational vehicle parks" as conditional uses in the Public zone and to revise the side setback require- ments of the Public zone (Planning Commmission recommendation: Motion to introduce and approve on first reading, by title only) C. Conditional Use Permit 95007 (Planning Commission recommendation: Approve, subject to revised Conditions of Approval) 3. ORDINANCE NO. 304 - Amending Chapter 13 to Title 6 of the Atascadero Municipal Code relating to the removal of weeds, rubbish and similar materials (Staff recommendation: Introduce & adopt on 1St reading by title only) 4. RESOLUTION NO. 13-96 - Approving the solid waste franchise agreement between the City and Atascadero Waste Alternatives, Inc. (Staff recommendation: Adopt) C. REGULAR BUSINESS: 1. REPORT ON YOUTH CENTER SEISMIC RETROFIT FINANCING/FUNDRAISING PLAN (Staff recommendation: Review and provide direction) D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 4. 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 i 2 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk: Update on Building & Construction Board of Appeals recruitment (City Clerk recommendation: Provide direction) 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 participation, please familiarize yourself with the following rules of decorum: O Members of the audience may speak on any item on the agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). O Persons wishing to speak should step to the podium and state their name and address, for the official record. O All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. O No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. O A person may speak for five (5) minutes. O No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. O Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. 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 items. i "Public schools Month" I April, 1996 WHEREAS, The Cal forma Masons have declared the month of April, 1996, to be "Public Schools Month" in Atascadero; and I I WHEREAS, The Masons understand the necessity for a strongpublc sc ools system, as indicated in their observance o f the theme, "Free Public Education--America's G eatest Freedom NOW, THEREFORE, The city Council of Atascadero, state of Calfo?Hia, is pleased to join the eal�orma Masons in proclaiming the month of April, 1996, as "Public schools Month" FURTHERMORE, The City Council wishes to take this opportunity to extend itsgratitude to the Atascadero un fled school District and teaching staff for their ongoing of fo in promoting the education and welfare of Atascadero's youth. GEORGE P. HI JHLAND, Mayor City o f Atascade o, CA April 9,` 1996 I Agenda Item: A-1 Meeti�g-Date 03/26/96 i ATASCADERO CITY COUNCIL MARCH 12, 1996 MINUTES CLOSED SESSION: The City met in Closed Session at 6:00 p.m. for purposes of discus ions pertaining to: 1. CONFERENCE WITH LABOR NEGOTIATOR; Agency negotiator: City Manager Employee organizations: Management; Mid-Management/Professional; fire Captains; Firefighters; Atascadero Sergeants Service rgn.; Atascadero Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service Employees Intl. Union; Confidential Employees 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGA !ON Name of Case: Santa Lucia Neighbors Assoc. v. City of tascadero The City Manager reported that the City Council had given hi direction on Item #1, discussed Item #2 and added, by motion duly made and unanimously passed, an item of potential litigation. He noted that no action was taken on Items #2 or #3. Closed Session adjourned at approximately 6.50 p.m. REGULAR SESSION: The Mayor called the meeting to order at 7:03 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Bewley, Carden, J hnson, Luna and Mayor Highland Absent: None Also Present: Rudy Hernandez, City Treasurer and Lee Price, City Clerk Staff Present: Andy Takata, City Manager; Art Monta don, City Attorney Roy Hanley, Deputy City Attorney; Bray Cherry, Director of Community Services; Brad Whitty, Finance Director Steve DeCamp, City Planner; Lt. Bill Watton, Police Department; Steve Sylvester, City Engineer; John Neil, Assistant City Engineer and Gary Kaiser, Assistant Planner CC 03/12/96 Page 1 SPECIAL PRESENTATIONS: Special recognition of Atascadero Lions Club for rebuilding the pier at Atascadero Lake The Mayor presented a plague to David Graham and Gerald Blangsted, who accepted on behalf of the Atascadero Lions Club. Certificate of Appreciation to Traffic Committee Member Jerry L. Ferguson The Mayor presented a Certificate of Appreciation to Jerry L. Ferguson for his services to the Traffic Committee from September of 1994 to date and expressed gratitude. COMMUNITY FORUM City Attorney: Status report on the Millhollin Mine (verbal) See Item #C-I Deputy City Attorney: Status report on the adult book store (verbal) See Item #C-3 Leo Korba shared concern regarding recent Council action to loan money from the Wastewater Fund to the General Fund and suggested that the City Council relate to the public how it-will be paid back. He asserted that cash flow projections are needed to prove that it can be done. Mr. Korba also reported that he has contacted the Public Utilities Commission to inquire about the possibility of making calls from Atascadero to San Luis Obispo toll-free. He noted that he would soon receive a petition required by the PUC to begin the process, Anne McMahon, Atascadero Youth Task Force, provided the first status report about this new committee and shared the mission statement. Additional updates will be provided, she noted. Joan O'Keefe, 9985 Old Morro Road East, voiced concerns about the recent loan of Wastewater Fund monies to the General Fund and questioned whether or not the transaction had been a gift of public funds. In addition, Ms. O'Keefe referred to previous "pro-development Council actions whereby development fees were waived or developers were given special consideration and expressed concern about the impact that those decisions have had on the City's financial situation. She commented that she opposes the proposed hiring of an Economic Development Director and cautioned the City Council to get back to the basics in these times of financial difficulties. A. CONSENT CALENDAR: The Mayor read the Consent Calendar as follows: 1. CITY COUNCIL MINUTES February 21, 1996 (Special Meeting) (City Clerk's recommendation: Approve) C 03 C 12/96 1 Page 2 2. CITY COUNCIL MINUTES - February 27, 1996 (City Clerk's recommendation: Approve) 3. APPROVAL OF WARRANTS - January, 1996 (Staff recommendation: Approve) 4. CONSIDERATION OF NEW LOCATION FOR CHILDREN'S MURAL PROJECT AT LAKE PARK PAVILION (Staff/Parks & Rec. Commission recommendation: Approve proposed location) 5. RESOLUTION NO. 18-96 - Opposing Proposition 199 relative to mobilehome rent control and protesting the attempt to remove local government control (Staff recommendation: Adopt) 6. RESOLUTION NO. 19-96 - Supporting introduction and adoption of a validating act in response to Santa Clara County Local Transportation Authority v. Guardino (League of CA Cities recommendation: Adopt) Councilman Carden pulled Item #A-5. MOTION: By Councilman Luna, seconded by Councilman Johnson to approve Items #A-1, 2, 3, 4 and 6; motion carried 5:0. Councilman Luna expressed appreciation to Brady Cherry for his efforts on behalf of the City Council on Item #A-4. Re: Item #A-5. RESOLUTION NO. 18-96 - Opposing Proposition 199 relative to mobilehome rent control and protesting the attempt to remove local government control (Staff recommendation: Adopt) Councilman Carden indicated that he objected to the fourth "whereas" in the resolution and mentioned that he believed Council action on the 271h of February reflects that there was not consensus to include language of this nature. MOTION: By Councilman Carden, seconded by Councilman Bewley to approve Resolution No. 18-96, as amended by removing the fourth "whereas"; motion passed unanimously by roll call vote. B. PUBLIC HEARINGS: 1. GENERAL PLAN AMENDMENT 95007, 6625 NAVAJOA AVE. A. Resolution No. 15-96 - Approving an amendment to the General Plan Land Use Map of the Land Use Element at 6625 Navajoa Ave. (Planning Commission recommendation: Adopt) B. Ordinance No. 301 - Amending the official zoning maps by rezoning certain real property at 6625 Navajoa Ave. from CP (Commercial CC 03/12/96 Page 3 Professional) to RMF 10 (PD#7) (ZC 95-010; Gearhart) (Planning Commission recommendation: Motion to introduce and adopt on first reading by title only) C. Tentative Parcel Map 95006 - Subdivision of one parcel located at 6625 Navajoa Ave. into four lots to accommodate residential development(P/anning Commission recommendation: Approve) Steve DeCamp provided the staff report and recommendations to approve. Brief Council questions followed. Public Comments: John Faulkenstein, representing the applicant, reported that he was in concurrence with staff recommendations and availed himself for questions. Eric Greening, 7365 Valle, commented that the zone change makes a lot of sense, although pointed out that the design appears to create a flag lot. He added that he hopes approval won't set an undesirable precedent. ---end of public testimony--- MOTION: By Councilman Carden, seconded by Councilman Bewley to approve Resolution No. 15-96; motion passed 5:0 by roll call vote. MOTION: By Councilman Carden, seconded by Councilman Johnson to waive the reading in full and introduce Ordinance No. 301 on first reading by title only; motion passed 5:0 by roll call vote. MOTION: By Councilman Carden, seconded by Councilman Johnson to approve Tentative Parcel Map 94005; motion passed unanimously by roll call vote. 2. TENTATIVE TRACT MAP 94005, 9244-9248 SAN RAFAEL RD. A. Ordinance No. 299 - Amending Map 23 of the official zoning maps by rezoning certain real properties at 9244-9248 San Rafael Rd. from RMF/10 to RMF/10 (PD7) (ZC 94007 - O'Reilly/Vaughan) (Planning Commission recommendation: Motion to introduce and adopt on first reading by title only) B. Tentative Parcel Map 94005 - Consideration of application to subdivide a 1 .60 acre property into nine (9) lots for single family residential development using the Planned Development Overlay Zone #7 (PD7) (O'Reilly Family Trust) (Planning Commission recommendation: Approve) Steve DeCamp provided the staff report and recommendations. He explained that CC 03/12/96 Page 4 the Planning Commission had recommended the elimination of one lot (No. 9) adjacent to the freeway. Council questions followed. Public Comments: Tom Vaughan, representing the applicant, spoke in support of the application and requested that the ninth lot be restored. ---end of public testimony--- Responding to Council inquiry, Steve DeCamp reported that the acreage of the lot eliminated would be added to the adjoining lots to expand the size of the individual lots. Mayor Highland commented that he supports the removal of the ninth lot. MOTION: By Councilman Luna, seconded by Councilman Johnson to approve Zone Change 94007, waive the reading in full and introduce Ordinance No. 299; motion passed 3:2 (Carden, Bewley opposed). MOTION: By Councilman Luna, seconded by Councilman Johnson to approve Tentative Parcel Map 94005; motion passed 3:2 (Carden, Bewley opposed). C. REGULAR BUSINESS: 1. MILLHOLLIN MINE - Receive new information (Staff recommendation: Provide staff direction) Gary Kaiser provided the staff report and summarized new important information gathered at the Special Meeting on February 21st. He emphasized that at the time the existing reclamation plan for the Millhollin Quarry was approved, the County of San Luis Obispo was not a legitimate lead agency and therefore not authorized to approve the plan. He also noted that a recent Supreme Court ruling, Hansen Brothers Enterprises v. The Board of Supervisors of Nevada County, et al sheds light on vested mining rights. Mr. Kaiser recommended that the City Council require an amended Reclamation Plan as required by the Surface Mining and Reclamation Act (SMARA) and reported that all parties have agreed that extraction and eventual closure of the mine shall be defined by the previously submitted subdivision plan prepared by Omni Design Group (to be referred to as the "Omni Plan") on behalf of the property owners, Glenn and Darlene Millhollin. Council questions followed regarding the process. Gary Kaiser indicated that there are two steps: 1) making the application complete at the staff level and 2) the prescribed process of approving the plan, including a 45-day review period at the State level. He speculated that it would take approximately one month to get the application ready for public hearing and estimated that the entire process could require up to ninety days to complete. The Mayor explained that the Omni Plan allows for a maximum of 120-140,000 cubic yards of additional mining (120,000 cubic yards of material removal and another 20,000 cubic yards of earth and material re-distributed on the site). He CC 03/12/96 Page 5 noted that if operations continue under the Interim Operating Agreement (although expired, still being followed), 20,000 cubic yards per year may be removed. The result, he clarified, would be eventual closure and reclamation of the land in approximately 6 years. Pursuant to Hansen Bros, if there is legitimate demand for more than 20,000 cubic yards within a year, the mine could conceivably close sooner, he concluded. Public Comments: Tom Torgerson, 6200 Llano Road, gave his allotted time of five minutes to his wife, Marcia. Marcia Torgerson, 6200 Llano Road, read a prepared statement supporting the staff recommendation (see Exhibit A). Fred Strong, land use consultant for the Millhollins, summarized two reports which he submitted for the record (filed under separate cover in the City Clerk's Office). He reported that the Millhollins have agreed to voluntary compliance despite the fact that they contend that the existing reclamation plan is adequate. Dorothy Flaherty, 12100 Santa Lucia, read a prepared statement asking what the City will do to ensure compliance with SMARA (see Exhibit B) and requesting that the site be surveyed. John Belsher, legal counsel for the Millhollins, reported that all parties have agreed to the preparation of an amended reclamation plan, although it is not required by State law. He asserted that the State Mining and Geology Board does not agree that there is a requirement for an amended plan and assured Council that the Board has been consulted every step of the way. Mr. Belsher argued that the oral opinion rendered by the Board at the special meeting relative to a site survey is being used as a tool by the Santa Lucia Neighbors Association for their lawsuit. The Millhollins have agreed to terms in the Omni Plan, he added, and proclaimed that there is no point in requiring a survey. Supporting this comment, Mr. Belsher noted that engineering analyses show that the operation is within the boundaries of the original plan. Jim Brenton, 11465 Santa Lucia Road, spoke in support of the staff recommendation and expressed gratitude to the Mayor for arranging the workshop with the Mining Board. He explained that he had three suggestions: 1) establish a time limit for submission of the plan, 2) until the amended reclamation plan is approved, limit the amount of material to that which is presently stock-piled at the base of the quarry and 3) if the new amended plan extends the boundaries of the quarry, require the operator to obtain a non-conforming use permit. Daphne Fahsing, 5105 Llano Road, spoke in favor of the staff recommendation and expressed concerns about how much more material will be taken off the hilltop. Gary Kaiser responded that there may be up to 12 feet in some locations, based on the plan. Mrs. Fahsing commented that the Neighbors may be willing to drop the lawsuit if the situation is resolved by June 10tH Marcia Torgerson, speaking for a second time, addressed comments made by Mr. CC 03/12/96 Page 6 I Belsher and reiterated some of her earlier comments. ---end of public testimony--- Additional Council questions and comments followed. Staff reported that the amended reclamation plan will be done in-house. He emphasized that most of the information necessary to complete the plan is already available, with the exception of revised cost estimates relative to financial assurances. In addition, he clarified that CEQA and State Mining & Geology Board review can be done concurrently. Councilman Luna asserted that the City owes it to the neighborhood to place this matter as a top priority. Councilman Luna asked the City Attorney about the possibility of adopting an extraction ordinance similar to the one that the County has in place so that the City can receive a certain amount of money per cubic yard of what is removed. Art Montandon advised that recent Supreme Court rulings require that a logical nexus be established and indicated that this type of ordinance can only be tied to an application approval where impacts are identified and mitigated, in part, by entering into an extraction agreement with the land user. He noted that an extraction agreement may also be considered as part of an operational agreement depending upon what factual basis the City has to include in the agreement. By mutual concurrence, the City Council directed staff to proceed with the amended -reclamation plan, research the possibility of adopting an extraction agreement and/or ordinance, and to bring back a status report in thirty days. The Mayor called a break at 8:20 p.m. The meeting reconvened at 8:40 p.m. 2. 1995 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING - Consideration of a revised spending plan for the funding of ADA improvements to the City Administration Building (Staff recommendation: Approve) Brady Cherry provided the staff report and recommendation. Council questions followed. Public Comments: Rush Kolemaine, Potrero Road resident, spoke in favor of the recommendation and asked if any other funding sources have been identified. Brady Cherry remarked that CDBG monies have been determined to be a funding source that the City can look towards to ensure continued progress. Don Shear, Chairman of the Board for SLOCO ACCESS, applauded the Council for allocating the funds to get a plan started and indicated that he would be willing to consult and advise the City. Paul Wolfe, Vice Chairman of the Board for SLOCO ACCESS, also verbalized support and clarified that the Americans with Disabilities Act is a civil rights law and addresses more than architectural barriers. CC 03/12/96 Page 7 ---end of public testimony--- Brady Cherry reported that staff will prepare a Request for Proposals with hopes of finding a firm that will do both the self-evaluation and transition plan. He noted, however, that it may be necessary to select two different firms to complete the work. MOTION: By Councilman Carden, seconded by Councilman Luna to approve the staff recommendation; motion carried 5:0 by roll call vote. 3. ATASCADERO SEXUALLY-ORIENTED BUSINESS ORDINANCE A. Ordinance No. 298 - Establishing the Atascadero Sexually-Oriented Business Ordinance by dispersing sexually-oriented businesses and limiting them to specified zoning districts; providing for licensing and regulation of sexually-oriented businesses and employees; and providing additional health and safety regulations for sexually-oriented businesses (Staff recommendation: Motion to adopt on second reading by title only) B. Ordinance No. 300 - Amending the Zoning Ordinance text to implement and conform to the provisions of the Atascadero Sexually- Oriented Business Ordinance (ZC 95-005; City of Atascadero) (Staff recommendation: Motion to adopt on second reading by title only) Roy Hanley provided the staff report and recommendations to adopt both ordinances on second reading by title only. He noted that a modification requested by Council at the meeting of February 27th to further define display space will come back to Council shortly. The modification, he added, does not require a hearing at the Planning Commission level. Public Comments: Regina Foster, Paso Robles resident, shared concerns regarding provisions for access by minors (even when accompanied by an adult) to sexually explicit materials and urged a revision prohibiting such access to anyone under the age of 21 . She verbalized a fear that child pornography would result because there appears not to be adequate regulation for home occupancy permits. Mayor Highland pointed out that questions regarding access by minors have already been answered by the Deputy City Attorney in prior public hearings and clarified that the ordinance is based upon current and enforceable common law. Eric Greening asked what the process is for establishing an adult home occupation, the standards that would have to abided by and what recourse neighbors would have. Roy Hanley remarked that home occupation rules are long- established and emphasized that there is no available legal evidence of secondary effects relative to adult home occupations. He noted that if a home occupation does not comply with existing standards and the sexually-oriented businesses CC 03/12/96 Page 8 ordinance, the City has the power to prosecute. Leo Korba commented that he hopes the City Council will listen to the concerns of local residents and not to outsiders. MOTION: By Councilman Carden, seconded by Councilman Johnson to adopt Ordinance No. 298 on second reading by title only; motion passed 5:0 by roll call vote. MOTION: By Councilman Carden, seconded by Councilman Johnson to adopt Ordinance No. 300 second reading by title only; motion passed 5:0 by roll caN vote. 4. FACTORY OUTLET CENTER FISCAL ANALYSIS (Staff recommendation: Review and accept) Brad Whitty provided the staff report and responded to questions. Councilman Luna used an overhead transparency (see Exhibit C) to demonstrate an alternative analysis and asserted that revenues have been over-estimated. He pointed out that the City had forgiven development fees in the amount of $125,673 and $4,450 in permit fees. He argued that the City will not see more than $50,000 per year of sales tax revenues from the Outlet Center and contended that sales tax revenues will not save the City in these times of financial crisis. Councilman Johnson commented that there are other benefits to consider, for example, commercial draw to other local businesses. Councilman Bewley agreed adding that the Outlet Center has given the community a place to shop. Public Comments: Joan O'Keefe, 9985 Old Morro Road East, recommended that in the future the City avoid over-selling a project. She encouraged staff to research the projections and provide actual figures for the public to review. ---end of public testimony--- By mutual concurrence, the report was received and staff was directed to bring back a follow-up report annually. 5. PRESENTATION OF 1994-95 FINANCIAL AUDIT (Staff recommendation: Review and accept) Brad Whitty summarized the staff report and audit. Council discussion ensued regarding a statement (Item #6 of the auditor's management letter to the City dated February 8, 1996) indicating that the City is in violation of State Law because of the fact that it is over-budget in many departments and funds. The City Attorney advised that there are no statutory requirements that cities even have a budget, although it makes good business CC 03/12/96 Page 9 sense. He clarified that the City Council, as the legislative body, must authorize all expenditures and if those expenditures exceed approved amounts, this may violate Council authority and thus State Law. Mr. Montandon added that the accepted practice is to make adjustments to the adopted budget periodically. Rochelle Rickard, Moss, Levy & Hartzheim, reported that the intention of the management letter is not to criticize, but to provide recommendations for improvements. She admitted that the language in the letter may have been strong but emphasized that the concern is not that the City is violating State Law but that it is demonstrating a consistent pattern of going over-budget. Ms. Rickard remarked that all the governmental agencies they audit go over budget. She recommended that the Council instruct the department heads not to go over- budget and require a budget amendment if they do. City Treasurer Rudy Hernandez reported that common practice is that the City make a final budget adjustment before the audit report is issued and stated that this is an area that needs improvement. Councilman Johnson agreed that all year- end adjustments should be reflected in the audit. Councilman Luna commented that the City Council should take a look at those departments that are consistently over-budget at the mid-year budget review. Rudy Hernandez spoke highly of the City's methods for bill processing and said that it was important to note that the Finance Department has a competent staff who follow a good process. Council questions ensued regarding costs associated with workers compensation insurance and tax and revenue anticipation notes (TRANS). In addition, staff was asked about cash flow reports. Brad Whitty explained that a cash flow report has been created and can be provided to the Council. Councilman Luna illustrated by transparency a chart highlighting the history of expenditures and revenues over the past five years (see Exhibit D). He asserted that it is time that the Council develop a plan for getting out of the financial situation it is in and pointed out that the restructuring that took place in 1992 trimmed away any "fat" that was there. Andy Takata provided a brief status report on the Orange County Investment Pool litigation matter. Public Comments: Rush Kolemaine inquired as to whether or not the City has paid interest on inter- fund transfers and voiced concern about departmental over-spending. Brad Whitty indicated that interest has been charged on the inter-fund transfers and explained that current practices involve sending out monthly reports to department heads, who request budget adjustment authorizations to transfer money between line items. Mr. Kolemaine expressed discomfort because department heads can transfer money between line items without the Council's approval and suggested that another method be developed. In addition, he encouraged the City Council to CC 03/12/96 Page 10 expedite the final recommendations of the Citizens Task Force for Economic Recovery. The City Manager clarified line item transfers are only within operating accounts and provided assurances that if he or the Finance Director have any concerns about transfers, they will brought before the Council. Leo Korba voiced concern about how the City will pay its debts and urged the Council to develop a base-line for making safe financial decisions. Rush Kolemaine, speaking once more, encouraged the Council to study the financial data and project the City's debt service costs. ---end of public testimony--- Brief discussion ensued regarding un-funded vacation and sick leave. The auditor explained that these compensated absences total a liability of $599,730. The City Manager reported that the current year's budget includes a "bank" of $34,000, which staff intends to increase every year. The audit, having been reviewed, was approved. 6. CONSIDERATION OF PROPOSED PLAN TO EXPAND PARKING LOT FOR THE LAKE PARK PAVILION (Staff recommendation: Provide direction) Brady Cherry provided the staff report and requested direction Mayor Highland commented that he was reluctant to use any funds designated for straet maintenance for the parking lot expansion. Councilman Johnson suggested that staff look into a private/public partnership and proposed that some of the groups who regularly use the Pavilion may be willing to enter into a cooperative effort. Councilmembers Luna and Bewley concurred. Public Comments: George Beatie, 10025 El Camino Real, addressed the safety issue of Marchant and suggested that the portion near the Pavilion be designated as a no-parking area. Jim Edwards, 2800 EI Camino Real, commented that the net gain of spaces will only be 15 or 16 spaces rather than 33 because of the de-facto lot already being used even though it is not yet paved. ---end of public testimony--- By mutual consent, staff was directed to contact local service organizations to determine interest in a public/private cooperative effort to fund the parking lot expansion at the Lake Park Pavilion. No direction was given to implement a No- Parking zone on Marchant formerly approved by Council Resolution No. 09-95 adopted in February of 1995. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): CC 03/12/96 Page 11 adopted in February of 1995. D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. Nacimiento Water Purveyors Advisory Group - Mayor Highland reported that this group will meet on March 13'h 2. North County Council - Mayor Highland reported that the executive committee will meet March 21" (Note: meeting later canceled). 3. Integrated Waste Management Authority - Councilman Luna reported that the IWMA will meet on March 13'h E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Carden indicated that because of scheduling conflicts he will have to step down from the Youth Task Force. No alternative appointment was made. 2. City Attorney Art Montandon thanked the City Council for their support during the past couple of years while negotiations and conflict resolution regarding the Millhollin Mine has been on-going. He noted that his policy is not to respond to public and personal attacks unless he is so directed to by the Council. 3. City Clerk: Request to appoint a Council subcommittee (2 Councilmembers) to interview candidates for Youth Representative on the Parks & Recreation Commission The City Clerk noted that there was one applicant for the Youth Representative position and she comes highly recommended by Atascadero High School. Council mutually agreed to waive the interview provision of the committee member selection policy and informally appointed Grace Kim to the Parks & Recreation Commission as the Ex-Officio Youth Representative. The City Clerk was requested to bring back a resolution formalizing the appointment on the 26' of March. 4. City Manager The City Manager provided an overview of the next meeting's agenda. There was agreement to remove from each agenda regular status reports on the adult bookstore and Millhollin Mine issues. Andy Takata also reported that staff will be bringing forward a status report on drainage issues in the Spring and added that the Fire Chief is presently reviewing State and local laws in an effort to resolve conflicts relative to brush removal and fuel management. AT 10:41 P.M., THE MEETING WAS ADJOURNED. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, MARCH 26, 1996 AT 7:00 P.M. CC 03/12/96 Page 12 MINUTES ECO AND REPARED BY: r LEE R C CITY CLERK Attachments: Exhibit A (Torgerson) Exhibit B (Flaherty) Exhibit C (Luna) Exhibit D (Luna) CC 03/12/96 Page 13 MARCIA MCCLURE TORGERSON 6200 Llano Road CC3/12/96 Atascadero, CA 93422 EXHIBIT A 805-466-7980 March 12, 1996 Atascadero City Council Atascadero, CA RE: Millhollin Mine Dear City Council: The Atascadero City Council actions or lack of actions over the past 3 3/4 years concerning this matter show an interesting pattern: In June of 1992 the City of Atascadero, in response to citizens' concerns regarding the un-regulated expansion of the Millhollin Mine, became lead agency. Then in June of 1993 the City of Atascadero, after receiving the report from the Sierra Pacific consulting firm, notified the Millhollins of the requirement of an amended reclamation plan and gave them 90 days to prepare one. These were positive actions which showed concern for the community you represent. However, after 180 days, you and the Millhollins agreed to close the mine for 90 days while negotiations continued. I've never understood why there was a need for negotiations at that time. The lead agency was requiring an amended reclamation plan. What was there to negotiate? I think this is where you, the City Council, started getting the advice of counsel that if you pursued the requirement of a reclamation plan, even though you had that authority as lead agency, the Millhollins would sue the City. And so, you were advised to back down and not fulfill your responsibility as lead agency, even though you knew requiring that amended reclamation plan was the right thing to do. 9 more months go by, it's now September 1994, and the Millhollins pressure the City to let the mine re-open even though they have never submitted the required amended reclamation plan. It has now been one year and three months since the City required that amended reclamation plan, more than enough time to have prepared it. But, instead of enforcing your requirement, you allowed the mine to re-open under the Interim Operational Agreement. This agreement allowed the mining of twice the amount allowed in the existing reclamation plan. This agreement also included the requirement of an amended reclamation plan or development plan to be submitted in another 90 days. Again, the City's reason for signing such an agreement was legal pressure from the Millhollins and on the advice of counsel to avoid a lawsuit by the Millhollins. So instead, a lawsuit was filed by the neighbors for your lack of enforcing SMARA and CEQA. 180 days later, a development plan was submitted and accepted by the City as complete. The Interim Operational Agreement expired in May 1995 but the City allowed the Mine to continue to operate after the Agreement expired, without an amended reclamation plan, again upon advice of Counsel to avoid legal issues. March 12, 1996 Atascadero City Council RE: Millhollin Mine Page Two In September 1995, the City Council asked for a report from the City Attorney regarding the City's legal options in regards to requiring an amended reclamation plan. I would like to read you a quote from his written report to you: "any action the City Council takes regarding the reclamation plan is appealable to the State Board. Thus, even if the City determines the plan inadequate, the state would probably overturn the decision." This is a prime example of, what I would call, slanted and un-researched advice. The City Attorney had no idea what the State Board would do. He wanted you to avoid legal confrontation, which would be his job to defend, by ignoring your responsibilities as lead agency. As we all know now, from discussions with Dr. Parrish and his associates, the State Board would NOT overturn such a lead agency decision. So, you must ask, why were you continually advised to avoid your responsibilities as lead agency? I hope that you are able to get a true answer to that question and are able to ensure that, in the future, you will be able to receive good, objective, and properly researched advice. What I'm trying to say here is that I think the City Council has been trying to do the right thing from the very beginning. Your intentions were honest, responsible and showed concern for the community. Your actions were, in my opinion, a result of the poor advice you received. That is why I am glad that you have now finally consulted with the State Mining and Geology Board. I hope that you will continue to seek their advice on any future lead agency issues. If you and your advisors had only sought out the State Board's expert advice 2 1/2 years ago, you would have avoided being involved in a lawsuit now. I want to say that I think Gary Kaiser deserves a medal for his work on this matter. He has been working on this for five or six years now. He has treated all parties with respect even though I'm sure he gets frustrated with all of us sometimes. His obvious goal has always been to resolve this matter as soon as possible. I think he can recite SMARA in his sleep by now, and he has continuously recommended to the Council to enforce SMARA. It's too bad that his advice to you has not been valued as much as others. As you all can probably guess, I fully support the Staff's recommendation for an amended reclamation plan. We, the concerned neighbors, have always supported your requirement of an amended reclamation plan since you first required one back in June 1993. All we have ever asked it that you protect our neighborhood by enforcing SMARA and CEQA. I notice, in the staff report, that there is no mention of surveying the property as suggested by the State Board. I would hope that the reasoning behind this is to wait and have the new amended reclamation plan boundaries surveyed. If that is the case, I would strongly support that. I strongly urge you to take Dr. Parrish's advice, and require a survey. I hope that you will set a time limit as to when you expect to receive this COMPLETED amended reclamation plan. 60 days seems appropriate to me. However, the Mine should be required to comply under the existing reclamation plan until the amended one is approved. I do feel that you should stand firm on 60 days. If you do not receive a COMPLETED amended reclamation plan in that 60 days, then the Mine should be closed until the plan is received. Under the March 12, 1996 Atascadero City Council RE: Millhollin Mine Page Three circumstances, being that you asked for this amended reclamation plan almost 3 years ago, I think this would be more than fair. I would also like to strongly urge you to consider adopting a land use ordinance, like the County has, which requires an extraction operation to enter into an agreement with the lead agency to deposit X amount of money into a road fund as compensation for the increase road use and road maintenance requirements generated by the operation. As we heard at the workshop on February 21st., the County does enforce this ordinance. An ordinance like this would help the City on future road repairs. When this was brought up before, the City Attorney discouraged your adoption of such an ordinance by advising you that if such an ordinance were adopted that all big trucks would be affected. But, that is not true. The County ordinance is worded specifically for extraction operations; we could do the same thing. I have copies of the County's ordinance for you to review that I will give to Lee. If such an ordinance is adopted before the approval of an amended reclamation plan, then the City could enforce it on that mine. As Dr. Parrish has told you, Mayor Highland, after the November 14, 1995 City Council meeting where you took no action, the Santa Lucia Neighbors' Association, Inc., filed a formal complaint with the State Mining and Geology Board. They are holding that complaint until they are apprised on your actions or lack of actions tonight. I want you to remember that the State is watching you, and they are also there as an advisor to you. Please take full advantage of their expertise. Again, I strongly support the recommendations of.Staff and of the State Mining and Geology Board. Please do the right thing; act like the lead agency that you are and protect your community by enforcing SMARA. Sincerely, Marcia McClure Torgerson /m Enclosure: County of San Luis Obispo Land Use Ordinance #22.08.198 SECTION 45: Chapter 22.08 of the Land Use Ordinance is hereby amended to add Section 22.08.198, as follows: 22.08. 198 - Use of County Roads by Extraction Operations. IN ANY CASE WHERE A PROPOSED RESOURCE EXTRACTION OPERATION (INCLUDING EXTRACTION WELLS, SURFACE AND SUBSURFACE MINING) WILL USE COUNTY ROADS FOR THE CONVEYANCE OF EXTRACTION EQUIPMENT OR EXTRACTED PRODUCTS, AND WHEN IN THE OPINION OF THE COUNTY ENGINEER, THE RESOURCE EXTRACTION OPERATION WOULD IMPACT THE COUNTY ROAD TO A DEGREE THAT WOULD LIKELY CAUSE THE EXPENDITURE OF ADDITIONAL_ MAINTENANCE FUNDS, THE APPLICANT IS TO ENTER INTO AN AGREEMENT WITH THE COUNTY AS PROVIDED BY THIS SECTION PRIOR TO THE COMMENCEMENT OF ANY RESOURCE EXTRACTION OPERATIONS. WHEN AN AGREEMENT IS REQUIRED, THE APPLICANT SHALL EXECUTE SUCH AGREEMENT WITH THE COUNTY ENGINEERING DEPARTMENT TO DEPOSIT INTO THE COUNTY ROAD FUND A SUM TO BE DETERMINED BY THE COUNTY ENGINEER BASED UPON THE VOLUME OF RESOURCE BEING HAULED OVER COUNTY ROADS AS COMPENSATION FOR THE IN- CREASE IN ROAD USE AND ROAD MAINTENANCE REQUIREMENTS GENERATED BY THE PROJECT. SECTION 46: Section 22.08.246 of the Land Use Ordinance is hereby amended by modifying subsections a(4) and d as follows: a• (4) Time Limit: THE USE OF a temporary dwelling or office is SUBJECT TO THE FOLLOWING TIME LIMITS, WHICH MAY BE EXTENDED PURSUANT TO SECTION 22.02.050 (EXTENSIONS OF TIME). TEMPOR- ARY DWELLINGS OR OFFICES ARE allowed only while an approved building permit and an approved land use permit are in effect for the permanent use (Section 22.02.052 - Lapse of Land Use Permit) , and for no longer than one year in the case of construction of an individual residence; except as PROVIDED IN THE FOLLOWING SUBSECTIONS: followst (i) TEMPORARY DWELLINGS. USE OF A TEMPORARY DWELLING DURING CONSTRUCTION OF A PERMANENT RESIDENCE OR OTHER PROJECT IS LIMITED TO A MAXIMUM PERIOD OF ONE YEAR. (II) Temporary Financial Offices. A temporary office for a financial service (e•g• a bank) may be used for a maximum of 18 months before issuance of a LAND USE OR construction permit for a permanent facility, AND THEREAFTER UNTIL EITHER THE PERMANENT FACILITY IS ESTABLISHED OR THE LAND USE PERMIT FOR THE PERMANENT FACILITY EXPIRES. (III)Temporary Real Estate Offices. A temporary real estate office may be established on the site of an approved subdivision under construction for a maximum of two years from approval of a tentative subdivision map, unless a longer period is authorized by the Planning Commission through approval of a Development Plan. 15 3/26/81 CC3/12/96 EXHIBIT B My name is Dorothy Flaherty and I live at 12100 Cenegal Road, Atascadero. I am here tonight to ask what the City as Lead Agency for the Milhollin Mine is going to do to require the owner of the mine to comply with the SMARA Law. Since the City's job is to protect all citizens, we hope the Council will insist that the quarry be surveyed to ascertain the true dimensions of Mr. Milhollin's "vested rights" and it is obvious that the cost of this survey should be carried by the quarry owner. I believe that there is no other way to check to see if the mineowner has already exceeded the acreage "grandfathered' in by the cartoon-map used in 1380 to give Mr. Milhollin license to mine at this site. I agree with you, Mr. Mayor, that this matter should be settled and hope that a proper survey will be the first step in determining how much Mr. Milhollin has mined and what. will be the future of this industrial operation in my backyard. Thank you. CC3/12/96 EXHIBIT C xn: { + -0 o00 o O 1 m to '— :tT in CV) O O O O N t0 qt _!E. t N =0 ' m r-+ O C O 4" to to O O to O to � N = N q�. p, '� m t 0 U 1 III In gy :� .• O � � M D O 0.0 r, Occ0 00 to �M j CD N N 7 CY) co fO N CF I Nc NN to r- to It � -LL I I O O O CN O N E co O to O O to Co O CD O O cD CD to t- co t� •- CD O CO '� t� LD m to 00 � Ch Lo Co r N C� IK sn — !L ��., :O co 0 N (1) cc C� U ma fn CL by' U) v Q (I) � to co ' � 0 � W cn 1 CC3/12/96 EXHIBIT D CL EcD dc, ONt- w � 000d �n �D � N N N N N N O CLN co N Oo E — - — � w � d M a+ d U W Q M O N O M O .- O dLn d N M m N N N cx Q1 00 d r, 00 U7 It cx O O CD M M d N m V C O n d M n La a N co O 00 CM M O m c n- O M O v - o� daOM .- M0 0 g N m oo cD cD ao ►n U) M O O W W `o U) tp tD u m N > cm U) co CM M O M o W � H0Cv) 00 COnN OMamn00r, MOOOMCDco O .- Cl) U) N d LO .- O (D N 00 N .� c0 c0 co U) cD co i O 0 0 0 0 0 0 n oN .- M .- d oouioriUir W Mpp � � .- � am — .- - - .- .- 0 0 •- N It M Ul M cD n N n O N d O d U) tcf cD t0 tD CA C2 -� a } C N N M .-- U) CD O W O M W N M M d O It N CM M M d d LO Q N N N N N N p O O O O O 6. O O 0- O O O O O 0 0 cm C o O O O O 0 C:9 0 v p N M d U) w c° io v m 04 O M M M M M M fl C OMMMMMM ollP s REPORT TO CITY COUNCIL Meeting Date: 04/09/96 CITY OF ATASCADERO kgenda Item A -2 Through: Andy Takata, City Manager From: Lee Price, City Clerk I I SUBJECT: Resolution authorizing the City Manager to sign a Mastercard Agreement with Mid State Bank, RECOMMENDATION: Adopt Resolution No. 24-96 authorizing the City Manager to sign a Mastercard Agreement with Mid-State Bank. BACKGROUND: The City has a Mastercard account with Mid-State Bank. Periodically the bank requires that this agreement be updated. In 1988, the City Council adopted Resolution No. 102-88 authorizing the City Manager at the time, Ray Windsor, to enter into the agreement. DISCUSSION: The attached Resolution No. 24-96 rescinds Resolution No. 102-8B and will authorize the signature of City Manager Andrew J. Takata. Attachments: Resolution No. 24-96 Mastercard Agreement Resolution No. 102-88 000001 RESOLUTION NO. 24-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE _ EXECUTION OF A MASTERCARD AGREEMENT WITH MID-STATE BANK The City Council of the City of Atascadero, California hereby resolves as follows: '!. The City Manager is hereby authorized to execute a Mastercard Agreement with Mid-State Bank. 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. Resolution No. 102-88 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the of , 1996. ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000002 MASTERCARD AGREEMENT (BUSINESS AGREEMENT) ( )Sole Proprietor ( ) Partnership (xx)Corporation ( )Other (specify) iness Name City of Atascadero Mailing Address 6500 Palma Ave Street Address City Atascadero State CA Zip Code 93422 Telephone 805/461-5018 (hereafter referred to as Cardholder)hereby requests that MID- 11. That in the event the Card is used in a state other than Califor- STATE BANK(hereafter referred to as Bank)issue MasterCard nia,the law of California shall govern any such transaction,and Cards(hereafter referred to as Cards),in the name of the above further agree that the terms of this Agreement shall take precedence business with the persons whose names and signatures are shown on over the terms of any other agreement or document which may be the reverse as authorized users(hereafter referred to as Users). signed by the Cardholder in connection with any Cash Advance or other obligation incurred by the use of the Card. Cardholder hereby warrants,represents and agrees as follows. 12. That Bank may change or modify the terms and conditions of I. The Card shall be used exclusively for business expenses and this Agreement at anytime upon mailing written notice to Card- purchases,and shall not be used for expenses and purchases of a holder at least 30 days prior to the effective date of such change or personal,family,or household nature. modification. Such notice shall be mailed to Cardholder at the last known address as shown on Bank's records. 2. Each User is presently an employee,partner,officer,or director in good standing with Cardholder. 13. To pay a FINANCE CHARGE of Prime Rate*plus 5%.on the Average Adjusted Daily Balance. The Average Adjusted Daily 3. The Card shall be issued in Cardholder's name with the autho- Balance is the average of the daily balance in the account during the rized Users holding individual Cards. billing cycle including New Purchases,Cash Advances.and other debts.but adjusted to exclude Finance Charges,Late Fees,and 4. To pay Bank for purchases made,by,or for credit extended to other fees posted to the account during the billing cycle. The Cardholder,or anyone authorized by Cardholder to use the Card. Finance Charge Rate on the account is subject to change from time id Cardholder rescind the authority of a User.Cardholder agrees to time based on changes in the Prime Rate.' notify Bank immediately,and further agrees to remain liable for any purchases by,or credit extended to user,until Bank can effec- No Finance Charge will be imposed unless the Previous Balance on lively terminate Card. Cardholder also agrees to hold Bank harmless the monthly billing statement exceeds the total of all Payments and from any ads of fraud,deceit,or misrepresentation,or ads,the Credits posted to the account by the Payment Due Date shown on results of which would operate to Bank's detriment by any of the monthly statement for the previous billing cycle;plus a Tmnsac- Cardholder's employees,partners,officers,or directors. tion Charge of 2%of the amount received for each Cash Advance, subject to a minimum charge of$4.00. 'Prime Rate- The lowest 5. To incur no purchase or extension of credit when the total Prime Rate published in the"Money Rates"table of the Wall Street Cardholder's account balance equals or exceeds any credit limit Journal on the last business day of the calender month immediately established by Bank. before the billing cycle. The Periodic Rate for each billing cycle will be 1/12 of the sum of 5 percentage points plus the Prime Rate. 6. To notify Bank promptly if the Card(s)are lost or stolen. 14. To pay within 25 days from the statement date,in the legal 7. That Card is Bank's property and may be revoked without notice tender of the United States of America,4%of the New Balance, to Cardholder,or repossessed by Bank at any time and must be plus any amount over the Credit Limit,plus past due amounts,or surrendered upon demand. the New Balance if it is less than 520.00. 8. That any or all of Cardholder's obligation shall,at Bank's option, 15. To pay a late charge of$10.00.if the minimum payment is not become immediately due and payable if Cardholder fails to pay any received within ten(10)days from the Date Payment Due, amount due or perform any obligation to Bank. 16. To pay an overlimit fee of$10.00,if New Balance on the 9. That all sums due by Cardholder to Bank give rise to an equitable statement is 120%or more of the Credit Limit. right of set-off which Bank may assert against any property or deposit balances of Cardholder in Bank's possession at the time such 17. To pay Bank an Annual Fee in the amount of$45.00.for each sums are due. Business MasterCard account. PLEASE WAIVE FEE. - To pay all costs of collection,including but not limited to 18. Cardholder will indemnify,defend and hold Bank harmless reasonable attorneys fees.in the enforcement of this Agreement. from any unauthorized use by those persons appointed by Card- holder as agents and authorized Users of Card. CR-038 (Rev.7/'85) 000003 (check one) ❑ Open separate accounts for each User(enclose a letter indicating User and desired credit limit for each account.) ❑ Issue all cards under the same account number. NameofFirm City of Atascadero Date By (Own r Partner,Corporate fficer) ity Managery User(s):(Please print) Name Signature(President) Name Signature(Secretary) Name Signature(Treasurer,Controller) Name Signature CORPORATION I ,Secretary of ,acorporation,incorpomted under the laws of the State of ,do hereby certify that the foregoing Agreement was adopted by a resolution of the Board of Directors of said corporation,and was duly and regularly passed and adopted at a meeting of the Board of Directors of said corporation,which was duly and regularly called and held in all respects as required by law,and by the bylaws of said corporation,at the office thereof on the day of 19 at which meeting a quorum and majority of the Board of Directors was present,and said majority of the Board of Directors voted in favor of said resolution. I further certify that said resolution is still in full force and effect and has not been amended or revoked. IN WITNESS WHEREOF,I have hereunto set my hand as such Secretary,and affixed the corporation seal of said corporation,this day of ' 19 Signature of Secretary of (Seal) A Corporation PARTNERSHIP The undersigned certify that they are all of the general partners of Dated Signature Signature Signature CONTINUING GUARANTY For valuable consideration,the undersigned(Guarantors)jointly and severally unconditionally guaranty and promise to pay Bank or order,on demand,in legal tender of the United States of America,all indebtedness of the above named Cardholder to Bank arising out of the above mentioned MasterCard account and by reference incorporated herein as if set out in full. The word"indebtedness"is used herein in its most comprehensive sense and includes any and all advances,debts,obligations and liabilities of Cardholder,or any one or more of them,heretofore,now or hereafter made,incurred or created,whether voluntary or involuntary and however arising,whether due or not due,absolute or contingent,liquidated or unliquidated,determined and undetermined,and whether Cardholder may be liable individually or jointly with others,or whether recovery upon such indebtedness may be or hereafter become barred by any statute of limitations,or whether such indebtedness may hereafter become otherwise unenforceable. Guarantors waive any right to require Bank to proceed against Obligors or to pursue any other remedies in Bank's power whatsoever. Guarantors agree to pay reasonable attorney's fees and all other costs and expenses which may be incurred by Bank in the enforcement of this guaranty. Signature Date Signature Date Signature Date Signature Date 000004 RESOLUTION NO. 102-88 A RESOLUTION OF THE ATASCADERO CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A MASTER CARD AGREEMENT FOR THE CITY BE IT RESOLVED by the City Council of the City of Atascadero that RAY WINDSOR, City Manager, be authorized to enter into a Master Card Agreement with the Mid State Bank of Atascadero, and that the City Manager be authorized to sign said agreement documents. PASSED AND ADOPTED at a regular meeting of the Atascadero City Council held October 25, 1988. City of Atascadero, CA ONITA BORGESON, or &YES : Councilman Lilley, Shiers, Dexter, Councilwoman Mackey, Mayor Borgeson NOES: ABSENT: none ATTEST: i y BOYD . SHA4ITZ��CiClerk APPROVED AS; TO ,CONTENT: D 1, y4 NDSOR, City Manager APPROVED AS TO FORM: V Al", 47EJWIRRE G. JO ENSEN, City Attorney 000005 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda tem: A-3 Through: Andrew Takata, City Manager Meeting ate: 04/09/96 ' From: Steven L. DeCamp, City Planner File Number: TTM #21-89 (Reconsideration) SUBJECT: Reconsideration of a previously approved Tentative Tract Map to include modification of the proposed lot configuration and the Conditions of Approval. Subject site is located a 8555 E1 Corte (Chalk Mountain Village Associates/Ray Bunnell) . RECOMMENDATION: Per the Planning Commission's recommendation, appy ve'reconsider- ation of Tentative Tract Map #21-89 in accordance with the Findings and Conditions of Approval (Reconsideration) co tained in the attached staff report, dated March 19, 1996. BACKGROUND: On March 19, 1996, the Planning Commission Gond cted a public hearing on the above-referenced reconsideration. After discussion (see attached minutes excerpts) , the Planning Corunission recom- mended approval of reconsideration of Tentative Tra t Map #21-89 in accordance with staff' s recommendations. /ph Attachments: Staff Report March 19, 1996 Minutes Excerpts March 19, 1996 cc: Ray Bunnell 6 000006 CITY OF ATASCADERO Item B . 1 STAFF REPORT FOR: Planning Commission MEETING DATE: 3-19-96 BY: Steven L. DeCamp, City Planner FILE NO: TTM 21=89 SUBJECTS Reconsideration of a previously approved Tentative Tract Map to include modification of the proposed lot configuration and the Conditions of Approval. RECOMMENDATION: Staff recommends that the Commission: 1. Find that the previously certified Negative Declaration adequately addresses the environmental issues raised by the requested reconsideration. 2. Approve the proposed revisions to the previously approved Tentative Tract Map 21-89 based on the Findings for Approval shown in Exhibit F and the revised Conditions of Approval contained in Exhibit G. SITUATION AND FACTS: 1 Applicant. . .Chalk Mtn. Village Assoc. 2 . Representative. . . . . . . . Ray Bunnell 3. Project Address. . . .8555 E1 Corte 4. General Plan Designation. . . . .Low Density Multiple Family 5 . Zoning District. . . .RMF-10 (PD 6) 6 . Site Area. . . .21 +/- acres 7. Existing Use. . . . . . . . . Vacant 8. Environmental Status . . . .Negative Declaration previously certified BACKGROUI$D The Chalk Mountain- Village- project consists of seventy-two (72) residential lots and one (1) common open space lot on approximately 21 acres. The zoning of the property (RMF 4) and the Planned Development overlay (PD 6) were developed and 00000'7 approved specifically for this project. The General Plan designation and Zoning district for this project was originally approved in 1985. In 1990, development plans and a tentative tract map were approved by the City Council. The eventual approval of the project reduced the density from 77 residential lots to 72 parcels. The attached staff report dated August 7, 1990 (Exhibit A) presents a complete history and analysis of the currently approved project. ANALYSIS: The applicant is requesting a reconsideration of the parcel configuration at the northern end of the development. By utilizing a cul-de-sac, rather than a looped road design, site disturbance can be significantly reduced. Also reduced is the amount of impervious surface created, and the length of water, sewer, and other utility lines. The applicant has also requested that the previously imposed Conditions of Approval be reconsidered. The City Engineer has revisited this project in light of the City' s engineering standards and the requirement that a clear nexus exist between project impacts and required improvements. The revised conditions in Exhibit G and the discussion in the engineer' s memorandum (Exhibit B) reflect the revisions deemed appropriate. CONCLUSIONS• The requested revisions to the Chalk Mountain Village project will have minimal effects on the overall quality and appearance of the finished development. Had the current parcel configuration been proposed initially, it would have been recommended for approval with no further revisions required by staff. The revised Conditions of Approval more accurately reflect proper mitigation for the off site impacts expected as a result of project construction and occupancy. ATTACHMENTS: Exhibit A - Planning Commission Staff Report Exhibit B - City Engineer Memorandum (2-29-96) Exhibit C - Location/Zoning Map Exhibit D - Previously Approved Tract Map Exhibit E - Proposed Tract Map Exhibit F - Findings for Approval Exhibit G - Conditions of Approval 000008 Exhibit A Previous Staff Report TTM 21-89 CITY OF ATASCADERO ( Iem sBdration) STAFF REPORT FOR: Planning Commission Meeting Date: August 7, 1990 BY: Karl Schoettler, Assistant Planner File No: CUP 09-89 SUBJECT: Three permits are being considered in this application. They include a request to subdivide six existing lots of approximately 21 acres into seventy-eight lots of various sizes, including one common lot, for establishment of a single family planned development . Also requested is an amendment to the text of the Zoning Ordinance to change two development standards of the PD-6 overlay zone. The request is to modify conditions pertaining to control of building height to maintain visibility of an open space easement . RECOMMENDATION• Staff recommends approval of Conditional Use Permit 09-89, Tentative Tract Map 21-89 and Zone Change 15-89, based on the findings for approval in Exhibit L and the Conditions for approval in Exhibit M. BACKGROUND: A significant amount of background information and history must be covered to establish a foundation for consideration of this request . The property that is the subject of this application was rezoned in 1985 to the existing RMF-4 PD6 zone (Residential Multiple Family - 4 units per acre/ Planned Development #6 Overlay Zone) . At the time of the application for zone and General Plan changes, the applicant (Bill Poe of the ACOMA Corporation) also presented a preliminary site plan for a 72 unit adult community planned development . The plan was similar in layout to the project currently proposed. Because of financial difficulties however, the original proposal was dropped and Ray Bunnell purchased the property. Bunnell has submitted his own design for a Conditional Use Permit and Tentative Tract Map which, in combination with the proposed zone text change, are being considered in this report. The zone text change is being requested to modify two conditions of the PD-6 overlay zone. In the preliminary check of the project it was determined that a significant (approximately 24) number of proposed units were in violation of Section 9-3 . 650 (f) of the PD-6 overlay zone, (prohibiting parts of structures extending above the 960 foot contour level) . This condition was proposed -1- 000009 by the original applicant . However, the preliminary submittal was conceptual but did show that a number of units would penetrate the airspace above the 960 foot contour level . Bunnell Development is proposing that this condition be revised. The Planning Commission first heard the request to change the height limit stipulation on January 16, 1990 and approved the request . The application was then heard by the City Council on February 13, 1990 . After testimony and discussion, the Council directed the zone text change be reheard by the Planning Commission in the context of the entire project. Thus, all three planning permits (conditional use, tentative tract map, and zone text change) are covered in this report . General project information is first addressed, followed by information regarding the zone text change. However, the Commission must first vote on the zone text change. SITUATION AND FACTS: 1 . Applicant . . . . . . . . . . . . . . . . . . . .Ray Bunnell, Bunnell Development Corp. 2 . Representative. . . . . . . . . . . . . . .Rob Strong 3 . Project Address . . . . . . . . . . . . 8555 E1 Corte Road 4 . General Plan Designation. . . . .Low Density Multiple Family 5 . Zoning District . . . . . . . . . . . . . .RMF-4 (PD6) Residential Multiple Family-4 Units Per Acre/Planned Development #6 Overlay 6 . Site Area. . . . . . . . . . . . . . . . . . . .21 acres 7 . Existing Use. . . . . . . . . . . . . . . . .Abandoned mushroom farm 8 . Environmental Status . . . . . . . . .Negative Declaration posted July 17 1989 ANALYSIS: This application proposes a 77 unit single family residential development, to be known as "Chalk Mountain Village", on approximately twenty one acres, along the east side of El Corte Road. The site has historically been used as a mushroom growing operation with several slab-on-grade buildings, all but one of which, have been removed. Extensive grading has taken place on the lower areas of the site to accommodate the mushroom farm operation. Three homes existed on the site until their recent removal . Thus, the lower half of the site has been significantly modified by human activity. In addition to modification of the -2- ' ` ti 000010 property through grading, large amounts of junk remaining from the mushroom farm and years of neglect following its closure are strewn about . Seven floor plans are proposed in Chalk Mountain Village, including two, three, and four bedroom models . The homes are of a Mediterranean architectural style, including earthtone stucco facades and the roofs (see Exhibit E) . The various floor plans reflect the various topographical conditions on the site, with some homes designed for sloping areas while others are to be placed on flatter sites. Thus, the homes have been designed to fit onto their individual locations; wholesale terracing of the site is not proposed. Other features of the project include a centrally located recreation building, pool/spa, and a tennis court. Also planned is a hiking trail along the rear half of the site that will lead to an overlook at the top of the hill . Private covenants, conditions and restrictions (CC&R' s) have been drafted and presented as part of the application. The CC&R' s will regulate, among other things, architectural control, land use, and property rights and also contain provisions for site maintenance, including streets, drainage facilities, etc. An internal private road system, with a single entrance from E1 Corte Avenue (including a secondary emergency access toward the north frontage of the site) will provide access to the project. . The roads will be of varying widths ranging from 38 feet, thirty feet and twenty five feet. Additionally, the entry road will include a landscaped divider with two eighteen foot lanes . Road names have been proposed for the streets and are as follows : Map Reference Proposed Name Spanish Meaning "A Circle" Vaquero Circle Cowherd Circle "A" & "D" Streets Paseo De Caballo Horse Drive "B" Street Paseo De Vaca Cow Drive "C" Street La Espuella Court Spur Court "E" Street Reata Way Rope Way The project' s wide streets will provide for on-street parking, allowing the development to meet the multiple family zone parking requirements . Staff has determined that approximately 80 on- street parking spaces are provided, in addition to 21 parking lot spaces located near the recreation area. The applicant will be required to provide appropriate curb painting or signing to demarcate "No Parking" areas . In addition to the above-mentioned parking, each house is provided with two on-site parking spaces, including garages . Therefore, a total of 255 spaces have been -3 000011 provided. Staff, using multiple family parking standards, has calculated that a total of 227 spaces are required. Thus, provided parking exceeds City required standards . PLANNED DEVELOPMENT STANDARDS The project is located within the RMF-4 (PD-6) zone. This zone allows for four units per acre. Unlike other multiple family zoning in Atascadero (RMF-10, RMF-16) , slopes and number of bedrooms per unit are not counted in the calculation of allowed site density. Thus, a straight 84 units are permitted on this site. As mentioned above, the site has also been designated with the PD-6 overlay zone (Exhibit G) . This zone establishes additional standards, and also allows for the modification of other, ordinary zoning standards . The General Plan provides for the establishment of the Planned Development zone in Land Use Policy #6 . Multi-family residential use areas shall have a minimum building site of one-half acre. Smaller lot sizes may be allowed in conjunction with planned residential developments, including planned mobile home developments and subdivisions, provided that the overall density within the project is consistent with other density standards contained herein. Proposing 77 units, this project meets the allowed density standard (84 units allowed) in this zone. The Planned Development zone allows for the modification of certain development standards . Section 9-3 . 643 of the Atascadero Zoning Ordinance outlines the following uses of the PD zone: a. To modify setbacks; heights; parking and loading; landscaping, screening and fencing; signs; streets and frontage improvements; and, other development and special use standards set forth in Chapters 9-4 and 9-6; and b. to modify processing procedures set forth by the underlying zoning district (Chapter 9-3) ; and C . to establish other development standards or processing requirements; and d. to modify minimum lot sizes . This project proposes several modifications of development standards, primarily in lot sizes and setbacks . As mentioned. above, the PD overlay zone allows an applicant to propose a modification of minimum lot size. The minimum lot size in the City' s multiple family zones are one half acre. Lot sizes in Chalk Mountain Village range from 3, 283 to 9, 791 square feet, -4- -(( -4-- 000012 with an average lot size of 5, 129 square feet. The applicant has also proposed use easements (see Exhibit H) to increase the useable lot area for each homeowner. As shown on the diagram, relatively unuseable areas on individual lots would be fenced to allow their use by the adjoining lot owner. This arrangement can create future administrative problems (enforcement, etc. ) . An alternative would be to move the proposed lot lines to run along the proposed easement lines . However, this incurs significant building code restrictions, including requirements for fire walls, parapets, etc. Front and rear setbacks are also proposed to be reduced. Standard residential setbacks in Atascadero call for a 25 foot front yard setback and a 10 foot rear yard setback. Two front yard setbacks are proposed: 17 feet and 13 feet. These setbacks reflect various garage alignments . The majority of rear yards meet the required ten foot setback, however, some homes along the two open space "greenbelts" have a five foot rear yard setback. Lots along E1 Corte Avenue are double frontage lots, that is, their front yard and rear yard both front along streets . The zoning ordinance requires that the rear yard of such lots be increased to 12 1/2 feet (one half the front yard setback) . Several of the lots have an 11 foot rear setback along El Corte. Other development standards contained in the RMF zone also apply to this project. They include lot coverage, enclosed storage, outdoor recreation areas, screening walls and covered parking. The project meets these requirements as outlined below: Percent coverage: No more than 40% of the lot may be covered by structures . 13% of the combined parent parcels will be covered by buildings . Enclosed storage: 100 square feet per dwelling required. Required space is provided in garages . Outdoor recreation areas : 300 square feet per unit or common open space of a minimum of 1, 000 square feet required. Both of these requirements are met . Screening wall: Solid six foot wall required along property lines abutting land zoned for single family use. This is not required since the project abuts no single family zones . Covered parking: One covered parking space required per unit . Each unit is provided with a 2-car garage . OFFSITE IMPROVEMENTS -100 -5- 000013 The City of Atascadero is requiring extensive offsite road improvements to help mitigate increased traffic expected to be generated by the project . Exhibit I shows a diagram of the required improvements and specific requirements are listed in the Conditions of Approval (Exhibit M) . The City, as a condition of the PD-6 overlay zone, required the preparation of an engineered traffic study of the project and its potential traffic impacts . The study detailed expected impacts and proposed mitigation measures . The project site is somewhat hampered with respect to access since there is no access from the project site to destinations to the east . Therefore, traffic will primarily move west towards E1 Camino Real. The study states that the project has the potential to generate a total of 600-770 vehicle trips per weekday. As a comparison, the existing 400-unit Bordeaux House Apartments were projected to generate approximately 2, 800 vehicle trips per day. 40% of the trips generated will have north El Camino Real destinations, 20% will head west (primarily towards the Lucky' s Shopping Center) , and 40% will move through the ;street network towards south E1 Camino Real . Four streets provide primary access to El Camino Real, including Arcade Road, Cascada Road, Solano Road, and La Linia Avenue . Secondary access is provided by Pino Solo Avenue which leads to Principal, Montecito, and E1 Bordo Avenues, which in turn join E1 Camino Real, to the south. To help mitigate traffic impacts, a number of improvements are being required by the city. The primary improvements consist of the following: 1 . Improvement of La Linia Avenue to 30 foot pavement width, including curb and gutter along the south side of the road from El Corte to E1 Dorado Road. The section of La Linia from E1 Dorado to Solano Avenue will also be widened to thirty feet of pavement with curb, gutter and sidewalk along the north side of the road. The sidewalk will tie into the existing sidewalk leading to the Lucky' s Shopping Center. 2 . E1 Corte Road will be widened to thirty feet of pavement along the project frontage with curb, gutter and sidewalk along the east side of the street (the sidewalk will be installed only on the south side of the project entrance) . 3 . E1 Centro Road will be extended through its present terminus to join the intersection of La Linia and El Dorado Roads . This intersection will be reconfigured to provide through access on El Centro Road, with La Linia and El Dorado Roads having stop sign intersections . This configuration is intended to more evenly distribute traffic in the local road network. 4 . Dedicated left turns will be installed (painted) on E1 Camino Real to facilitate left turns from southbound El -6- -qtr'" 000014 Camino Real onto Arcade, Cascada, and La Linia Roads . This will restrict these portions of the center lane on E1 Camino Real to being used exclusively for southbound left turns . These improvements should work to lessen traffic impacts and improve safety in the vicinity. The bottom line concerning the traffic impacts related to this project, is that traffic will increase noticeably in the neighborhood, but it will not exceed the design capacity of the streets, provided the street improvements required by the city are completed. In addition to the previously mentioned street improvements, the _existing open drainage ditches running primarily along La Linia Road will be undergrounded with piping. This will help to solve a long-standing problem concerning the open, stagnant water conditions that have existed here, not to mention the hazard to traffic the ditches present . The street/drainage improvements will require the developer to reconstruct driveway entrances for existing homes along the streets affected. Additionally, some mailboxes, utility poles, landscaping, water meters and ornamental driveway markers will have to be removed/relocated out of the street right of way. This includes eleven non-native trees (ten poplars/one pine) growing within the right of way. Another area of concern involves tree removal on the project site . A number of trees are located on the site and the project will necessitate tree removal. A total of 48 trees are proposed to be removed. Seventeen of the trees are classified as native trees while 31 trees are non-native species . Some of the trees are counted as trunk clusters . Five heritage trees are proposed to be removed as part of the application. Removal of these trees must be approved by the City Council . Despite the number of trees proposed to be removed, the applicant has made a serious effort to design the site around the larger, healthier native trees of the site. Additionally, the tree cover on the hill, above the 960 foot elevation, will remain untouched. The applicant has also requested the abandonment of a portion of the La Linia Avenue right of way. Staff has conditioned that the road abandonment be completed prior to construction of units on the lots adjoining (and encompassing) the right of way and prior to occupancy of any units in the project. Staff has received preliminary approval from affected agencies, however, the road abandonment is a three step process and requires additional notification. Another important issue concerns impacts on City services . Staff has referred this application to affected City agencies and other entities and utilities for their review and comment, including Atascadero Mutual Water Company, Fire and Public Works Departments and others . The construction of 77 single family homes can be anticipated to have cumulative impacts on city -7- i�" (�t7UlS services . However, impacts on these services can be absorbed adequately within existing capacities of the services and all affected agencies have given approval of the project . All utilities, including sewer and water lines, exist at the site frontage . With respect to conditions required by other departments, the Fire Department is requiring installation of nine fire hydrants . Additionally, the dead-end access roads and turn-arounds have met the Fire Department' s requirements . ZONE TEXT AMENDMENT As mentioned previously, this application also proposes a modification to the text of the development standards of the PD-6 overlay zone. The Planning Commission previously approved this request, sending it to the City Council, who directed it back to the Planning Commission to be reheard along with the proposal for the entire project. Staff' s position regarding the proposed zone text change remains the same. The development standards of concern of the PD6 overlay zone are the following: Section 9-3 . 650 : (d) Building height shall be limited to thirty (30) feet (not to exceed two stories) . (e) An open space easement shall be provided for those areas above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute series) . (f) No portion of any structure, excepted as provided in Section 9-4 . 113 of the Zoning Ordinance, shall be extended above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute series) . The applicant has proposed that sections d and f be modified. Section e is included above because of its relevance to this request . The applicant has requested that these conditions be modified as follows : Section 9-3 . 650 (d) Building height shall be limited to thirty (30) feet (not to exceed two stories) , excepted as provided in Section 9-4 . 113 of the Zoning Ordinance. Section 9-3 . 650 (f) No portion of any structure' s foundation shall be above the 960 foot contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute series) . 1 -s- 000016 GENERAL PLAN: The Open Space and Conservation element states on Page 75 in its listing of open space principles : Scenic and open space easements, parklands and open space dedications shall be obtained through the subdivision and development process including, but not limited to: creek reservation, wooded areas, floodplains, scenic and historic sites and other suitable sites . The Zoning Ordinance addresses building height more directly. Section 9-4 . 111 discusses the purposes of building height control : The purpose of the following Sections is to limit the height of structures as needed to: support public safety; protect access to natural light, ventilation, and direct sunlight; support the preservation of neighborhood character; and to preserve viewsheds and scenic vistas . The intent of the condition pertaining to buildings extending above the 960 foot level was to preserve views of the hill on the rear half of the project (see Exhibit J) . This hill will remain in open space with the imposition of Section 9-3 . 650 (e) (establishment of an open space easement above the 960 foot contour level) . Another important point relating to this site concerns grading done for construction of the original mushroom farm. Several "benches" were formed on the lower portion of the site for the placement of large buildings . The resulting cuts, made into the chalky material, remain today much as they did when they were first cut . The applicant' s plan proposes to "hide" these unsightly cuts from view through the placement of units on the site. It is also important to consider that the applicant has demonstrated key differences between the current proposal and the original project with regard to grading and existing cuts on the hillside. Through a series of cross-section comparisons, the applicant has shown that the original project, as proposed, would have required significantly more grading and tree removal than the currently proposed project . Thus, the current project proposes to use, as much as possible, the existing topography and grading already done for the mushroom farm. Where units are proposed on slopes, split level construction will be used to minimize required grading. In sum, this project is more sensitive to the site than was the previous Poe plan. Staff feels that the text modifications requested by the applicant can be accommodated by simply eliminating Section 9- 3 . 650 (f) . This would still leave the sections that ensure retention of the 960 foot open space easement and restrict -9- building heights to thirty (30) feet and two stories . Staff believes that the requested change will not be detrimental to the appearance of the site and in fact, can enhance its appearance by repairing and screening damage and scarring imposed by the original use. The current proposal has units positioned so as to hide the existing unsightly scars made by development of the abandoned mushroom farm operation. Importantly, the open space easement above the 960 foot level will remain, helping to preserve approximately 58% of the site in open space . CONCLUSIONS• Chalk Mountain Village represents, to a degree, a new form of development for Atascadero. The project proposes individual homes on "small" lots served by a private road system. This type of development is provided for by the General Plan and Zoning Ordinance. Staff believes that the modification to development standards requested by the applicant are justified and consistent with the "spirit" of the PD overlay zone and should be granted. Staff also believes that the request to modify. the text of the PD-6 overlay zone concerning height limits will not result in adverse impacts . In conclusion, staff believes that the Chalk Mountain Village is in conformance with the General Plan and Zoning Ordinance. KCS/kcs ATTACHMENTS : Exhibit A - General Plan Map Exhibit B - Zoning Map Exhibit C - Tentative Tract Map 21-89 Exhibit D - Grading Plan Exhibit E - Building Elevations Exhibit F - Applicant' s Statement Exhibit G - PD-6 Text Exhibit H - Use Easements Exhibit I - Off-Site Road Improvements Exhibit J - 960 Contour Map (3 Exhibits) Exhibit K - Draft Ordinance Exhibit L - Findings for Approval (CUP 09-89, TTM 21-89) Exhibit M - Conditions of Approval (CUP 09-89, TTM 21-89) -10- ' OOU 18 EXHIBIT M - Conditions of Approval Conditional Use Permit 09-89 Tentative Tract Map 21-89 8555 El Corte Road (Bunnell) City Council Action: October 30, 1990 CONDITIONS OF APPROVAL: UTILITIES 1. Water shall be obtained from the Atascadero Mutual Water Company. Water service laterals shall be installed to the property line frontage of each parcel prior to final inspection of any unit in this development. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 4. The newly formed lots shall be connected to the Public Sewer. All annexation permit fees in effect at the time of recordation shall be paid prior to the recording of the final map. Any sewer extensions for annexation must be completed within one year after annexation. 5. Sewer main extension plans shall be submitted for review and approval by the Public Works Department prior to the start of construction. 6. All utility services to each lot shall be installed in conjunction with onsite road improvements. This shall include, but not be limited to, cable television, power, telephone, gas, water and sewer. GRADING 7. Grading, and Drainage plans, prepared by a registered Civil Engineer shall be submitted to The Community Development Department for review and approval by the Community Development and Public Works Departments prior to the issuance of any building permits. 000019 ROAD IMPROVEMENTS 8 . Obtain an encroachment permit from -the City of Atascadero Public Works Department. Sign an Inspection Agreement guaranteeing that the work will be done and the inspections paid for prior to the start of public works construction. Construct improvements as directed by the encroachment permit prior to the occupancy of any building. 9 . A road maintenance agreement for the interior streets, in a form acceptable to the City Attorney, shall be included in the C.C.& R. ' s. 10 . The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, guardrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the Department of Public Works standards and the current State of California uniform sign chart . Installation of traffic devices shall be subject to review and modifications after construction. 11 . Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development Department for review and approval by the Public Works Department . Plans shall include, but are not limited i to: E1 Corte Road a. Reconstruct E1 Corte Road along entire project frontage. b. Provide traveled way width of 30 feet from face of curb to face of curb or to edge of pavement . C . Install a concrete curb and gutter from the northern end of the project frontage to the northern side of the proposed entrance driveway.' Extend the concrete curb and gutter across the driveway entrance. Install concrete curb and gutter with a five foot wide sidewalk from the entrance driveway to La Linia. d. Acquire additional right of way and dedicate to the City of Atascadero to the inside of the curve at the intersection of El Corte Road and La Linia Road to provide a minimum 30 foot radius at the face of curb and a 25 foot radius at the future back of sidewalk in addition to room for drainage facilities that may be required. e. Install drainage culverts to convey runoff from the northwest side of the El Corte-La Linia intersection to the creek at the southeast side. Provide a permanent 000020 outfall structure or headwall for the storm drain system that will be extended west on La Linia. La Linia Road f. Reconstruct La Linia Road from E1 Corte through the intersection with El Centro and El Dorado. Overlay La Linia from the intersection with E1 Centro and El Dorado to Solano Road. g. Provide a traveled way width of 30 feet from face of curb to face of curb or to edge of pavement . h. Install a concrete curb and gutter and a five foot wide sidewalk from E1 Corte to join the sidewalk at Solano Road. Abandon and remove the concrete cross drain structure across La Linia at Solano Road. i . Construct storm drain improvements and appurtenances from the intersection of La Linia and El Centro to a discharge point at La Linia and E1 Corte. Fill and abandon the existing roadside ditches along La Linia. E1 Centro j . Extend E1 Centro to the intersection of E1 Dorado and La Linia. k. Extend a concrete curb and gutter and a five foot wide sidewalk along the southern side of this newly constructed road. 1. Improve the intersection of E1 Dorado, La Linia, and E1 Centro to make the through road from El Centro to the eastern end of La Linia. Install stop bars and signs at E1 Dorado and the western approach of La Linia. M. Construct storm drain improvements and appurtenances along E1 Centro west to the end of the new construction. E1 Camino Real n. Install dedicated left turn lanes along El Camino Real at La Linia, Cascada and Arcade. 12 . Construction of all offsite road improvements shall be completed or bonded for prior to the recording of the final map. The property shall not be occupied prior to the completion of the onsite and offsite road improvements . 00001A'1 13 . All public improvements shall be covered with a 150% Performance Bond until construction is substantially complete and by a 10% Maintenance Bond until l year after substantial completion. 14 . All interior streets shall remain private and shall not become a part of the city maintained street system. Maintenance shall be the responsibility of the Homeowner' s Association and shall be addressed in the C.C.& R. ' s . ACCESS 15 . There shall be no direct vehicle access to El Corte Road except at the approved entrance location and the emergency access as shown on the preliminary plans. Relinquishment of access rights shall be delineated on the final map and shall be acknowledged by certificate. DRAINAGE 16 . Drainage Facilities shall be constructed prior to occupancy. 17 . All lot grading, drainage and public improvements shall require written statement by a registered Civil Engineer that all work has been completed and is in full compliance with the approved plans. 18 . A Drainage Maintenance Agreement, in a form acceptable to the City Attorney, shall be included in the C.C.& R. ' s . DEDICATIONS 19 . Offers of dedication to the City of Atascadero for the following rights-of-way and/or easements are required: Street Name: Intersection of El Corte and La Linea Limits : As outlined in Condition No. 11-d 20 . Offer for dedication to the Public for Public Utility Easements the following: a. A 6' -0" PUE along the perimeter of all streets . 21 . Offers of dedication shall be completed and recorded prior to or simultaneous with the recordation of the final map. SOILS REPORT 22 . Prior to the recording of the final map, a soils 000022 be submitted, recommending corrective actions which will prevent structural damage to each structure proposed to be constructed in the area where soil problems exist, as indicated in the Preliminary Soils Report. The date of such reports, the name of the Engineer making the report, and the location where the reports are on file shall be noted on the final map. MISCELLANEOUS 23. Nine fire hydrants shall be installed at locations shown on the tentative tract map, prior to recordation of the final map. 24. Floor Plan "C" shall be modified to conform to Section 9- 3. 650 (d) of the Atascadero Zoning Ordinance. 25. Complete landscaping plans shall be submitted and approved by the Community Development Department prior to issuance of building permits. Landscaping shall incorporate native and drought resistant species. 26. The proposed land use easements shall be included in the private Covenants, Conditions and restrictions. 27. The driveway serving lots 59 and 60 shall be listed as an access easement on the final map. 28. Abandonment of La Linia Road shall be completed prior to construction on lots 17-32 and before occupancy of any units on the project site. 29. Areas above the 960 ' contour elevation as shown on the tentative map shall be designated as an open space and scenic easement. A note to this effect shall appear on the final map. A pedestrian foot path as shown on the Master Development Plan may be constructed within the open space and scenic easement. 30. Recreation facilities as shown on the tentative map shall be completed no later than at that time that fifty percent of the dwelling units are complete. STANDARD CONDITION FOR RECORDING 31. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners by a Registered Civil Engineer or Licensed Land Surveyor as 000023 required by the Land Surveyors Act and Subdivision Map Act. Monuments set within any road right- of-way shall conform to city standard drawing M-1. b. Pursuant to section 66497 of the Subdivision Map Act the engineer or surveyor shall notice the City Engineer in writing that the monuments have been set. C. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 32. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. This approval shall become effective upon the effective date of Zone Change 15-89 modifying the language of the applicable PD-6 overlay zoning. 33. All construction shall be in confarmance with revised tenta- tive tract-.map (10-18-90) , revised grading plan (10-18-90) , Exhibit E (Elevations) and Exhibit H (Use Easement). 0 000024 Exhibit B TTM 21-89 (Reconsideration) CITY OF ATASCADERO iris is \ ASrERq j DEPARTMENT of PUBLIC WORKS MEMORANDUM DATE: February 29, 1996 TO: Steve DeCamp, City Planner FROM: John Neil, Assistant City Engineer—�G SUBJECT: Tract 1831 - Chalk Mountain Village Reconsideration No. 1 Completeness Review No. 1 Revised Conditions of Approval We have reviewed the information submitted by the applicant for the subject reconsideration. The application appears complete for those items within the purview of the Engineering Division. In order to provide the necessary emergency vehicle access, we are requiring the applicant to improve both Arcade Road and Lal-inia Avenue to provide a minimum 20' wide paved access to the project site (Condition of Approval 11.c ). In addition, current City Standards would require that roads serving the project be constructed to City Standard 403 (Rural Collector) which would provide a 32' total paved width. We have required the applicant to pay a pro-rata share of the costs associated with improving Arcade Road, LaLinia Avenue and EI Corte Road to current City Standards (Condition of Approval No. 1 1.d). The pro-rata share paid by the applicant will be based on the anticipated increase in average daily traffic above existing average daily traffic on the subject roads per the traffic report dated January 1987 submitted by the applicant. The fee paid by the applicant would be used to reconstruct those roads which serve the project. 6500 PALMA AVENUE • ATASCADERO, CA 93422 Administration/Engineering:(805)461-5020 WastewaterTreatment:(805)461-5077 FOV(V V S15 The following are the revised conditions of approval for the project. Please reference the conditions of approval for CUP 09-89 and Tentative Map 21-89. Note that conditions of approval which are not specifically listed below remain unchanged. 7. The applicant shall submit a grading and drainage plan, prepared by a registered civil engineer, for review and approval by the City Engineer prior to the recordation of the final map. The applicant shall submit a written statement signed by a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) prior to issuance of building permits. 11 . The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the City Engineer prior to recordation of the final map. The 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. The road improvements shall include, but not be limited to the following: a. The applicant shall improve EI Corte Road 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. b. The applicant shall construct the drainage facilities required to convey run-off from the area northwest of the intersection of EI Corte Road and La Linea Avenue to the existing drainage Swale southeast of the intersection. The applicant shall obtain the necessary easements or other rights to divert, concentrate or otherwise modify the discharge of storm water from these drainage facilities onto the adjacent property prior to recordation of the final map. C. The applicant shall demonstrate that the following roads provide a minimum 20' wide paved access to the project site. The applicant shall submit plans for review and approval by the City Engineer which show the work required to obtain a minimum 20' pavement width. The applicant shall reconstruct, as required by the City Engineer, those portions of the following roads which do not have an existing pavement width of at least 20'. 1. EI Corte Road from the northerly project boundary to Arcade Road. 000026 ii. Arcade Road from EI Corte Road to EI Camino Real. iii. La Linea Avenue from EI Corte Road to EI Camino Real. d. The applicant shall pay an in-lieu fee for the reconstruction of the following roads prior to recordation of the final map in an amount acceptable to the City Engineer. The amount to be paid by the applicant to the City shall be a pro-rata share of the total reconstruction cost of the following roads. The pro-rata share shall be based on the anticipated increase in average daily traffic above existing average daily traffic per the traffic report dated January 1987 and as shown below. The applicant shall submit schematic plans for review and approval by the City Engineer which show the work required to reconstruct the following roads to City Standards including roadwork, drainage improvements, utility relocations, etc. The applicant shall submit an engineer's estimate based on City Standard Unit prices for the reconstruction work including design, inspection, testing, and other costs associated with the construction of the improvements as shown on the approved schematic plans. The cost of the improvements required under Condition of Approval 11.c shall be deducted from the total amount of the in-lieu fee to be paid to the City. Road Impact Fees and Drainage Impact Fees shall be deducted from the total amount of the in-lieu fee to be paid to the City. The in-lieu fee paid to the City by the applicant shall be used exclusively to reconstruct all, or any portion of, the above roadways and streets as directed by the City Manager. I. Fifty (50) percent of the total reconstruction cost of La Linia Avenue from EI Corte Road to EI Camino Real to City Standard 403 - Rural Local. ii. Twenty nine (29) percent of the total reconstruction cost of EI Corte Road from Arcade Road to the northerly project boundary to City Standard 403 - Rural Local. iii. Twenty nine (29) percent of the total reconstruction cost of Arcade Road from El Corte Road to EI Camino Real to City Standard 403 - Rural Local. e. The applicant shall submit a striping and marking plan for review and approval by the City Engineer prior to recordation of the final map. Restriping in conformance with the recommendations contained in the traffic report prepared for the project dated January 1987 prior to recordation of the final map are as follows: 00002'7 I. La Linia Avenue at its intersection with EI Camino Real ii. Solano Avenue at its intersection with EI Camino Real iii. Principal Avenue at its intersection with EI Camino Real iv. El Camino Real to provide dedicated left- turn lanes at the intersection of Arcade Road, La Linea Avenue and Solano i Avenue. f. The applicant shall construct a knuckle in conformance with City Standard 416 at the intersection of EI Corte Road and La Linea Avenue. g. The applicant shall request the establishment of no parking zones on EI Camino Real in conformance with the recommendations contained in the traffic report prepared for the project dated January 1987. The applicant shall submit plans for the no parking zones for review and approval by the Traffic Committee and the City Council prior to recordation of the final map. 13. The applicant shall secure all improvements within the right-of-way 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 by the applicant 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 applicant 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. i 14. All streets, sewer mains, storm drain facilities, open space areas, common i areas, etc. within the project boundary shall remain private and shall not become a part of the City maintained system. The applicant shall submit maintenance agreements for all streets, sewer mains, storm drain facilities, open space areas, common areas, etc. within the project boundary for review and approval by the City Attorney and the City Engineer. The maintenance agreements shall be recorded in conjunction with the final map. 0000;'s i 16. The applicant shall construct all drainage facilities to City of Atascadero Standards. Each improvement shall be designed so as to not increase the rate of flow of water onto adjacent properties. Drainage shall cross lot lines only where a private drainage easement has been provided.. Drainage from off-site areas shall be conveyed across the project site in private drainage easements. Storm water shall be discharged from the project site in the same manner as that which existed prior to the development of the project. Or, the applicant shall obtain the necessary easements or other rights to divert, concentrate or otherwise modify the discharge of storm ' { water onto adjacent properties. I 19. Thea applicant shall acquire title or interest in any off-site land that may be pp required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners j whose ingress or egress is affected by these improvements. i 20. The applicant shall provide a six (6) foot Public Utility Easement (PUE) contiguous to all street frontages. In addition to the above, the following items shown on the approved tentative map are not in conformance with current City Standards. The staff report for the reconsideration should advise the Council that approval of the reconsideration will also approve those items not in conformance with the Standards. The City Standards apply to any improvement which will ultimately serve five or more parcels. 1 . The right-of-way width proposed for the on-site streets is between 30 feet and 38 feet. City Standards require that all new roads provide a 50 foot wide right-of-way. 2. The minimum curb return radii proposed for the on-site streets is 10 feet. City Standard 4.02.D.3 requires a 30 foot minimum curb return radius and 20' minimum property line radius at intersecting streets. I 3. The typical section proposed for the on-site streets is not in conformance with City Standard 405, Local (the standard which would normally be applied to this type of subdivision). City Standard 405 would require two 18 foot travel lanes along with curb, gutter and sidewalk.on both sides of j the street. (� 4. There are cul-de-sacs and dead-end streets proposed which exceed the 600' maximum length allowed by City Standard 415. 5. The proposed 6 inch diameter sanitary sewer mains are less than the minimum of 8 inch diameter required by City Standard 6.04.6. 000029 ; 6. The vertical alignment of the on-site streets as shown on the preliminary on-site improvement plans does not conform to City Standard 4.02.D. 7. The fire apparatus turn-arounds at the dead-end streets as shown on the preliminary on-site improvement plans do not conform to the requirements of City Standard 430. 8. The right-of-way bulb radius for the cul-de-sac does not conform to the requirement of City Standard 415. i i Please call if you have any questions regarding the above. I J B N/tas I 9214378.ATA 000030 Exhibit C CITY OF ATASCADERO Location/zoning Map TTM 21-89 (Reconsideration)' a-- COMMUNITY DEVELOPMENT ' DEPARTMENT Try � I �� •` ._.- i LU - RS\ R• - . f w w-� - 1 RS _o•'� . �- v- X11 08 coo -a' ♦ Ir w 76 0 0 CR Q �; J J \♦ as \\ 4S q CTCN _ 1 000031 Exhibit D CITY OF ATASCADERO Previous Tract Map TTM 21-89 (Reconsideration) COMMUNITY DEVELOPMENT DEPARTMENT LLJ .. tl W •i '. •.� • t .�•lr N 0 4 Cz - ti �— •� � � .J r� ''� �•� ♦ ' �•i�jam•i•f •/•_ �► _ is .� � •�:, � ff'�. ,i. i 1 ; i - 77 00003ti 10 R rP��` rig- / SIR WWAr ;iw�iL7� s-FR. 117 ! i Iay t( e / 1�mow PM '� ;it ___ter_���`��`'~�\\`�'�t~©� `Ir��i����a►�'����� � gj wig Yo � �.^\\� �wog t�))�►S f/��, ��i��"T-_�1:�1 P J'aL�' i►jji���� •� 11 i1�' i �� �' __;���► 0.111 �Tit Ikiwi N LN _., aNONNILv RE r WA I►i► ,� it► \, o o p�=� ,_ -��:, WARE WIL k- + EXHIBIT F Findings for Approval March 19 , 1996 (Reconsideration) Tentative Tract Map 21-89 (Chalk Mtn. Village Assoc./Bunnell) ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The previously certified Negative Declaration for the project is adequate. MAP FINDINGS: 1 . The proposed map is consistent with the applicable General or Specific Plan. 2 . The design and/or improvement of the proposed subdivision is consistent with the applicable General or Specific Plan. 3 . The site is physically suitable for the proposed type of development. 4 . The site is physically suitable for the proposed density of development. 5 . The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6 . The design of the subdivision, and the type of improvements, will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7 . The design of the subdivision and/or the type of proposed improvements will not cause serious public health problems. 000034 EXHIBIT G Conditions of Approval March 19, 1996 (Reconsideration) Tentativ Tract Map 21-89 (Chalk Mtn. Village Assoc. /Bunnell) CONDITIONS F PROVAL: UTILITIES 1. Water shall be btained from the A scadero Mutual Water Company. Water ervice laterals all be installed to the property line fro tage of each p cel prior to final inspection of any nit in this velopment. 2 . All existing and pro sed uti ty, pipeline, open space, or other easements are to be sho n on the final map. If there are building or other r stri tions related to the easements, they shall be noted on t e inal map. 3 . All relocation and/oralt tion of existing utilities shall be the responsibility of the developer. 4. The newly formed lots all be connected to the Public Sewer. All annexatio permit f es in effect at the time of recordation shall be aid prior o the recording of the final map. Any sewe extensions or annexation must be completed within on year after an exation. 5. Sewer main extensi n plans shall be ubmitted for review and approval by t e Public Works Depa tment prior to the start of constru ion. 6 . All utility ser ices to each lot shall b installed in conjunction wi h on-site road improvement This shall include, but t be limited to, cable tele ision, power, telephone, g , water and sewer. GRADING 7 . The applic nt shall submit a grading and drai age plan, prepared a registered civil engineer, for view and approval y the City Engineer prior to recorda ion of the final ma The applicant shall submit a writte statement signed a registered civil engineer that all ork has been complet d and is in full compliance with the ap oved plans and th Uniform Building Code (UBC) prior to occ pancy of dwell' g units. ROAD IMPR EMENT 8 . Obt in an encroachment permit from the City of Atascadero 000035 e EXHIBIT G Conditions of Approval March 19, 1996 (Reconsideration) Tentative Tract Map 21-89 (Chalk Mtn. Village Assoc./Bunnell) CONDITIONS OF APPROVAL: UTILITIES 1 . Water shall be obtained from the Atascadero Mutual Water Company. Water service laterals shall be installed to the property line frontage of each parcel prior to final inspection of any unit in this development. 2 . All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 4 . The newly formed lots shall be connected to the Public • Sewer. All annexation permit fees in effect at the time of recordation shall be paid prior to the recording of the final map. Any sewer extensions for annexation must be completed within one year after annexation. 5 . Sewer main extension plans shall be submitted for review and approval by the Public Works Department prior to the start of construction. 6. All utility services to each lot shall be installed in conjunction with on-site road improvements . This shall include, but not be limited to, cable television, power, telephone, gas, water and sewer. GRADING 7 . The applicant shall submit a grading and drainage plan, prepared by a registered civil engineer, for review and approval by the City Engineer prior to recordation of the final map. The applicant shall submit a written statement signed by a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) prior to occupancy of dwelling units. ROAD IMPROVEMENTS 8 . Obtain an encroachment permit from the City of Atascadero Conditions of Approval TTM 21-89 (Reconsideration) March 19, 1996 Public Works Department. Sign an Inspection Agreement guaranteeing that the work will be done and the inspections paid for prior to the start of ,public works construction. Construct improvements as directed by the encroachment permit prior to the occupancy of any building. 9 . A road maintenance agreement for the interior streets, in a form acceptable to the City Attorney, shall be included in the C.C.& R. ' s . 10. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, guardrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the Department of Public Works standards and the current State of California uniform sign chart. • Installation of traffic devices shall be subject to review and modifications after construction. 11 . The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the City Engineer prior to recordation of the final map. The 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. The road improvements shall include, but not be limited to the following: a. The applicant shall improve E1 Corte Road 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 . b. The applicant shall construct the drainage facilities required to convey run-off from the area northwest of the intersection of El Corte Road and La Linea Avenue to the existing drainage swale southeast ' of the intersection. The applicant shall obtain the necessary easements or other rights to divert, concentrate or otherwise modify the discharge of storm *ater from these drainage facilities onto the adjacent property • Conditions of Approval TTM 21-89 (Reconsideration) March 19, 1996 prior to recordation of the final map. C. The applicant shall demonstrate that the following roads provide a minimum 20' wide paved access to the project site. The applicant shall submit plans for review and approval by the City Engineer which show the work required to obtain a minimum 20' pavement width. The applicant shall reconstruct, as required by the City Engineer, those portions of the following roads which do not have an existing pavement width of at least 20' . i. E1 Corte Road from the northerly project boundary to Arcade Road. ii. Arcade Road from E1 Corte Road to E1 Camino Real. • iii. La Linea Avenue from El Corte Road to El Camino Real. d. The applicant shall pay an in-lieu fee for the reconstruction of the following roads prior to recordation of the final map in an amount acceptable to the City Engineer. The amount to be paid by the applicant to the City shall be a pro-rata share of the total reconstruction cost of the following roads . The pro-rata share shall be based on the anticipated increase in average daily traffic above existing average daily traffic per the traffic report dated January 1987 and as shown below. The applicant shall submit schematic plans for review and approval by the City Engineer which show the work required to reconstruct the following roads to City Standards including roadwork, drainage improvements, utility relocations, etc. The applicant shall submit an engineer' s estimate based on City Standard Unit prices for the reconstruction work including design, inspection, testing, and other costs associated with the construction of the improvements as shown on the approved schematic plans. The cost of the improvements required under Condition of Approval ll.c shall be deducted from the total amount of the in-lieu fee to be paid to the City. Road Impact Fees and Drainage Impact Fees shall be deducted from the total amount of the in- • Conditions of Approval TTM 21-89 (Reconsideration) March 19, 1996 lieu fee to be paid to the City. The in-lieu fee paid to the City by the applicant shall be used exclusively to reconstruct all, or any portion of, the above roadways and streets as directed by the City Engineer. i. Fifty (50) percent of the total reconstruction cost of La Linia Avenue from E1 Corte Road to El Camino Real to City Standard 403 - Rural Local. ii. Twenty nine (29) percent of the total reconstruction cost of E1 Corte Road from Arcade Road to the northerly ,project boundary to City Standard 403 - Rural Local. iii. Twenty nine (29) percent of the total reconstruction cost of Arcade Road from E1 Corte • Road to E1 Camino Real to City Standard 403 - Rural Local. The applicant may, subject to the approval of the City Engineer, opt to construct improvements to the above roads as opposed to paying the in-lieu fee. The total dollar amount of the improvements to be constructed by the applicant shall be no less than the engineer' s estimate for the reconstruction work as defined above. The location and type of improvements to be constructed shall be as directed by the City Engineer. The applicant shall submit plans for review and approval by the City Engineer for those portions of the above roads which are to be improved. e. The applicant shall submit a striping and marking plan for review and approval by the City Engineer prior to recordation of the final map. Restriping in conformance with the recommendations contained in the traffic report prepared for the project dated January 1987 prior to recordation of the final map are as follows: i. La Linia Avenue at its intersection with E1 Camino Real • ii. Solano Avenue at its intersection with E1 Camino • Conditions of Approval TTM 21-89 (Reconsideration) March 19, 1996 Real iii. Principal Avenue at its intersection with E1 Camino Real iv. El Camino Real to provide dedicated left- turn lanes at the intersection of Arcade Road, La Linea Avenue and Solano Avenue. f. The applicant shall construct a knuckle in conformance with City Standard 416 at the intersection of El Corte Road and La Linea Avenue. g. The applicant shall request the establishment of no parking zones on El Camino Real in conformance with the recommendations contained in the traffic report • prepared for the project dated January 1987 . The applicant shall submit plans for the no parking zones for review and approval by the Traffic Committee and the City Council prior to recordation of the final map. 12 . Construction of all off-site road improvements shall be completed or bonded for prior to the recording of the final map. The property shall not be occupied prior to the completion of the on-site and off-site road improvements. 13. The applicant shall secure all improvements within the right-of-way 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 by the applicant 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 applicant 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. 14. All streets, sewer mains, storm drain facilities, open space • areas, common areas, etc. within the project boundary shall remain private and shall not become apart ofthe City Conditions of Approval • TTM 21-89 (Reconsideration) March 19, 1996 maintained system. The applicant shall submit maintenance agreements for all streets, sewer mains, storm drain facilities, open space areas, common areas, etc. within the project boundary for review and approval by the City Attorney and the City Engineer. The maintenance agreements shall be recorded in conjunction with the final map. ACCESS 15. There shall be no direct vehicle access to El Corte Road except at the approved entrance location and the emergency access as shown on the preliminary plans . Relinquishment of access rights shall be delineated on the final map and shall be acknowledged by certificate. DRAINAGE . 16 . The applicant shall construct all drainage facilities to City of Atascadero Standards. Each improvement shall be designed so as to not increase the rate of flow of water onto adjacent properties. Drainage shall cross lot lines only where a private drainage easement has been provided. Drainage from off-site areas shall be conveyed across the project site in private drainage easements. Storm water shall be discharged from the project site in the same manner as that which existed prior to the development of the project. Or, the applicant shall obtain the necessary easements or other rights to divert, concentrate or otherwise modify the discharge of storm water onto adjacent properties. 17 . All lot grading, drainage and public improvements shall require written statement by a registered Civil Engineer that all work has been completed and is in full compliance with the approved plans. 18. A Drainage Maintenance Agreement, in a form acceptable to the City Attorney, shall be included in the C.C.& R. ' s . DEDICATIONS 19 . The applicant shall acquire title or interest in any off- • site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs • Conditions of Approval TTM 21-89 (Reconsideration) March 19, 1996 4, associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 20. The applicant shall provide a six foot (6' ) Public Utilities Easement (PUE) .contiguous to all street frontages. 21 . Offers of dedication shall be completed and recorded prior to or simultaneous with the recordation of the final map. SOILS REPORT 22 . Prior to the recording of the final map, a soils investigation as required by the Subdivision Map Act shall be submitted, recommending corrective actions which will prevent structural damage to each structure proposed to be constructed in the area where soil problems exist, as indicated in the Preliminary Soils Report. The date of such reports, the name of the Engineer making the reports, and the location where the reports are on file shall be noted on the final map. MISCELLANEOUS 23 . Nine fire hydrants shall be installed at locations shown on the tentative tract map, or at locations approved by the Fire Marshal and bonded for or otherwise guaranteed, prior to recordation of the final map. 24. Floor Plan "C" shall be modified to conform to Section 9- 3 . 650 (d) of the Atascadero Zoning Ordinance`. 25. Complete landscaping plans shall be submitted and approved by the Community Development Department prior to issuance of building permits . Landscaping shall incorporate native and drought resistant species. 26 . The proposed land use easements shall be included in the private Covenants, Conditions and restrictions . 27 . Any driveway serving two or more lots shall be listed as an • access easement on the final map. . Conditions of Approval TTM 21-89 (Reconsideration) March 19, 1996 28 . Abandonment of La Linia Road shall be completed prior to construction on lots 17-32 and before occupancy of any units on the project site. 29 . Areas above the 960 ' contour elevation as shown on the tentative map shall be designated as an open space and scenic easement. A note to this effect shall appear on the final map. A pedestrian foot path as shown on the Master Development Plan may be constructed within the open space and scenic easement. 30. Recreation facilities as shown on the tentative map shall be completed no later than at that time that fifty percent of the dwelling units are complete. 31. Other than the lot configuration and off-site improvements • approved by this reconsideration, all construction shall be in conformance with the revised tentative tract map (10-18- 90) , revised grading plan (10-18-90) , prior Exhibit E (Elevations; 10-90) , and prior Exhibit H (Use Easements; 10- 90) . S'T'ANDARD CONDITIONS FOR RECORDING 33 . A parcel map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to recordation. a. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. b. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. 33. A black line clear Mylar (0.4 mil) copy and a blue line • print of the tract map shall be provided to the City upon recordation. Conditions of Approval TTM 21-89 (Reconsideration) March 19, 1996 A 34. A Mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who ,prepared the plans shall be provided to the City Engineer prior to the final inspection. A certification shall be included that all survey monuments have been set as shown on the parcel map. 35. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. • Conditions of Approval TTM 21-89 (Reconsideration) March 9, 1996 Page 11 the dwelling nits are complete. 31. Other than the t configuration and off site improvements approved by this econsideration, all c nstruction shall be in conformance wit the revised tentat. a tract map (10-18- 90) , revised grading lan (10-18-90) , rior Exhibit E (Elevations; 10-90) , d prior Exhib' H (Use Easements; 10- 90) . STANDARD CONDITIONS FOR RECORD 33 . A parcel map drawn in substa is conformance with the approved tentative map and in pliance with all conditions set forth herein shall be subm' ed for review and approval in accordance with the Subdivi io Map Act and the City' s Subdivision Ordinance prior t rec dation. a. Monuments shall be set at all ne property corners created and a registe ed civil eng' eer or licensed land surveyor shall ' dicate, by ce ificate on the parcel map, that co ers have been se or shall be set by a date specific nd that they will sufficient to enable the survey o be retraced. b. A preliminary su division guarantee shall b submitted for review in c junction with the processing.of the parcel map. 33. A black line clear ylar (0.4 mil) copy and a blue line print of the trac map shall be provided to the City upon recordation. 34. A Mylar copy an a blue line print of as-built improvement plans, signed b the registered engineer who prepared the plans shall be provided to the City Engineer prior to the final inspect' n. A certification shall be included that all survey mo uments have been set as shown on the parcel map. 35. Approval of this tentative map shall expire two years from the date o final approval unless an extension of time is granted pu suant to a written request prior to the expiratio date. 000042 MINUTES EXCERPTS Planning Commission Meeting -- March 19, 1996 SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 1. TENTATIVE TRACT MAP 21-89: Application of Chalk Mountain Village Associates/Ray Bunnell for reconsideration of the previously approved Tentative Tract Map 21-89 . Subject site is located at 8555 El Corte. STAFF RECOMMENDATION: (DeCamp) Staff recommends the following actions: 1 . Find that the previously certified Negative Declaration prepared for the project adequately addresses the environmental issues raised by the requested reconsideration. 2 . Approve the proposed revisions to the previously approved Tentative Tract Map 21-89 based on the Findings for Approval shown in Exhibit F and the Conditions of Approval contained in Exhibit G. TESTIMONY: Ray Bunnell, 5255 Clover Lane, representing the applicant, offered to answer questions asked by the Commission. Bill Watton, P. O. Box 1732, is concerned about the traffic on the affected streets and feels the developer should do something to mitigate these impacts . He is against the project. Don Vasquez, 8970 Arcade Road, expressed concern about the overcrowding in the schools as the result of this project. Ann Watton, P. O. Box 1732, is concerned about traffic on La Linia and Arcade, the only two streets to handle the traffic. The neighborhood is very against this project and feel that no exceptions should be allowed and speed bumps should be added. Safety of the people on these streets must be the highest concern. She referred to a Emergency access on El Corte be a non-paved, all-weather based, road for emergency access only. Also, prohibit all construction vehicles from using Arcade during construction. Tim Little, the project architect, answered concerns about school impacts, pedestrian amenities, traffic, emergency access, and expressed that he was in agreement with the staff findings. (Page 3 of 11 ) 000043 Planning Commission Meeting -- March 19, 1996 Commissioner Johnson expressed that there should be no downgrading of City standards on this project . In agreement with the comments on emergency access, but he felt that it should be included as part of the lawn area so it doesn' t look like an access, but can still be used as access by emergency vehicles only. He also suggested participation in the cost of a signal at LaLinea or Arcade, whichever is deemed necessary. Commissioner Zimmerman agreed with Commissioner Johnson on the standards and the road. He agreed with a "no-left-turn" suggestion at Arcade . Commissioner Edwards agreed with not reducing the City standards. He asked Mr. Neil to explain that speed bumps are a liability. ACTION: Find that the previously certified Negative Declaration prepared for the project adequately addresses the environmental issues raised by the requested reconsideration. Motion: Johnson Second: Wallace AYES: Johnson, Wallace, Zimmerman, Bowen, Hageman, Edwards NOES : None ABSENT: Sauter Motion Passed: 6-0 ACTION: Approve the proposed revisions (including those read into the record at the meeting) to the previously approved Tentative Tract Map 21-89 based on the Findings for Approval shown in Exhibit F and the Conditions of Approval contained in Exhibit G. Motion: Johnson Second: Bowen AYES : Johnson, Bowen, Wallace, Hageman, Zimmerman, Edwards NOES : None ABSENT: Sauter Motion Passed: 6-0 (Page 4 of 11) O(J0044 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item; B-1 Through: Andy Takata, Meeting Date: April_ 9, 1996 City Manager Via: `- Steve Decamp, City Planner From: tD. Doug Davidson, Senior Planner File o: 1996 CDBG SUBJECT: 1996 Community Development Block Grant (CDBG) Consideration of the City of Atascadero's proposed allocation for the County of San Luis Obispo Consolidated Plan, s ecifically the CDBG program. RECOMMENDATION: City staff (City Manager, Department Heads and Senor Planner) advises the City Council to recommend to the County Board of Supervisors that the following CDBG allocation of the Consolidated Plan be adopted and forwarded to the Eepartment of Housing and Urban Development (HUD) City Hall ADA (Request # 1) $15,500 Rec Access Project (Request # 3) $5,525 Youth Center Electrical (Request # 4) $20,160, Fire Stations (Request # 6) $30,000 Revolving Loan Fund (Request # 7) $100,000 Econ Dev/Admin. (Request # 8) $47,415 Innovative Dev Center* (Request # 10) $30,000 Total 1996 CDBG Grant $248,600 Staff further recommends that the Board approve thE Special Urban Projects funding of the CDBG grant as proposed below in the Consolidated Plan: North County Women's Shelter $6,900 (Request #11) * Special Grant Conditions The Innovative Development Center shall meet the performance standards as outlined in the program milestones (page 5 of the application) The grant is subject to the program qualifying as a low and moderate income benefit under CDBG regulations. Quarterly reports, including receipts and income verification, shall be submitted to the Community Development De artment-to verify progress and program compliance. If the milestones can not be attained, the grant recipient shall notify the Community 000045 Development Department in writing and propose a new schedule of performance standards. Revised schedule shall be approved by the City Manager. CDBG funds are not allowed for purposes of direct advertising. BACKGROUND: In 1994, the cities of_ Atascadero, Paso Robles, Grover Beach, Pismo Beach, San Luis Obispo, and the unincorporated areas of the County were designated by HUD as an "urban county" eligible to receive annual formula-based entitlements of CDBG funds. In 1994, the County received $2,540,000 of CDBG funds, with the City of Atascadero' s_portion being $223,500. These 1994 funds were appropriated toward rehabilitation of the Carlton Hotel ($160,000) the Printery ($47,000) , and the remainder ($16,500) for administration. In 1995, the City allocated its CDBG funding of $248,600 to a variety of projects, including site acquisition for Loaves and Fishes, housing programs, and rehabilitation of public facilities. Preparation of the 1996 Consolidated Plan began in the fail of 1995. Workshops were held throughout the county -(January 8th and 25th of 1996 in Atascadero) to solicit public comment on housing and community development needs. On December 12, 1995, the County issued a request for CDBG and HOME Investment Partnerships Act (HOME) program proposals for funding through these programs. By the deadline of January 31, 1996, the City had received requests 20 applications for CDBG funding (no requests for HOME funds were received) totaling $1, 131,495. The City's 1996 CDBG allocation is $248,600 (assumes 1995 funding) ANALYSIS: CDBG funds may be used for a variety of community development activities as long as they meet one of the three national objectives: ( 1) A benefit to low and moderate income persons; (2) Aid in the prevention or elimination of blight; (3) Address urgent needs that pose a serious and immediate threat to the health or welfare of the community. Eligible activities for CDBG funds include acquisition of real property, construction or rehabilitation of public facilities and improvements, provision of certain types of public services, relocation payments and assistance, removal of architectural barriers, housing rehabilitation, historic preservation, code enforcement, commercial or industrial rehabilitation, and special economic development activities 2 000046 Federal regulations require that in order for an activity to qualify under the low and moderate income objective, at least 51 percent of the persons benefitting from the project or program must earn no more than 80 percent of the area median. Furthermore, at least 70 percent of the "urban county" CDBG funds must be expended toward the national objective of directly benefitting low and moderate income individuals. In 1995, the City of Atascadero attained this income target goal for its projects. The participating jurisdictions have again agreed to strive towards the 70-30 percent split within their own jurisdictions in preparing the 1996 plan. In addition to the targeted income groups, the following criteria should also be used to guide selection of CDBG programs: 1. The proposal is consistent with the national objectives and eligibility criteria of the HUD CDBG program; 2. The proposal is consistent with the Urban County Consolidated Plan; 3. The proposal is consistent with the General Plan and other City codes/ordinances. 4. The proposal will achieve multiple community development objectives; 5. The proposal can be implemented in a timely manner, without significant environmental, policy, procedural, legal, or fiscal obstacles to overcome; and 6. The project is not financially feasible without CDBG funding. The following section will analyze each application received in light of the CDBG guidelines and community development needs of Atascadero. City Applications 1. American with Disabilities Act (ADA) Compliance project Phase I improvements to the City Administration Building in compliance with the American' s Disabilities Act (ADA) . Amounts of CDBG funds requested: $15,500 Recommended funding: $15,500 This is similar to last year' s request; in fact it would replace it. This would become the Phase I plan to install actual improvements, such as drinking fountains, doors, hardware, and signs. The 1995 CDBG allocation of $25,500 for City Hall ADA compliance would instead be used to hire a consultant to come up with a comprehensive program for improvements. The law requires the preparation of a Self- Evaluation and Transition Plan to guide the implementation of ADA compliance. Both these tasks, plan preparation and actual improvements, have the same goal in mind, i.e. , 3 0000}'7 removal of architectural barriers. Thus, the 1995 allocation does not need to be modified by the Board of Supervisors. On March 12, 1996, the City Council approved this revised approach to beginning the City Hall ADA improvements and staff is recommending that the 1996 CDBG grant reflect this decision. If the consultant' s cost should slightly exceed the proposed budget of $25,000, staff would request the authority to draw the difference from the $15,500 1996 allocation. 2. Tot Lot Replacement Project Replace and upgrade equipment at the Atascadero Lake Park, particularly surfacing and disabled access to the tot lot, to meet ADA. Requested funding: $11,300 Not recommended for funding this year Assuming a second year commitment to City Hall ADA and the fire stations, there is a limit to how many public services and facilities can receive funding. Funding the next request below would help meet some needs in the area of recreation programs. 3. Recreation Access Project (RAP) Develop recreational programs for developmentally disabled people. Amount of CDBG funds requested: $5,525 Recommended funding: $5,525 This program has community support, was requested last year (and not funded) , and is seeking less than a third of the money sought last year ($18,000) . 4. Youth Recreation Center Phase I Electrical System Upgrade at the Printery. Amount of CDBG funds requested: $20,160 Recommended funding: $20,160 The existing electrical system at the Printery is considered a safety risk. The Printery received CDBG funding in 1994 ($47, 000) and 1995 ($25,000) . Since the City continues to use the Printery, albeit on a limited scale, the electrical system poses the most immediate threat to public safety. The electrical system should be upgraded as soon as possible, while the seismic retrofit and other rehabilitation efforts continue. 5. Charles Paddock Zoo Aviary Improvements (ADA) Replace entry gates and walkway at the Zoo aviary to meet ADA standards. Amount of CDBG funds requested: $10,000 Not recommended for funding this year 4 000048 The same comments apply here as in #2 above. All of the City' s public facilities must eventually be deemed in compliance with ADA - given the limited funding available and the enormity of this task, the priority starting point should be the City Administration building. 6. Hazardous Fire Apparatus Exhaust Clean Air System Installation of collection tubes for the exhaust pipe of each fire apparatus to reduce exposure to gasoline and diesel emissions within the fire stations. Amount of CDBG funds requested: $30,000 Recommended funding: $30,000 This request was broken down into two phases last year: $45,000 from 1995 CDBG for four engine bays at Station 1 and two at Station 2 and the 1996 request for two bays at #1 and two at #2. Although not expressly allocated last year, it seemed implied that the City was committed to undertaking Phase II of this project. The Phase I improvements have been completed and staff recommends that the exhaust systems be completely installed as requested for both stations. 7• Revolving Loan Fund A revolving loan fund to create, retain, and expand small business opportunities in Atascadero. Amount of CDBG funds requested: $100,000 Recommended funding: $100,000 This program was proposed by a City Council member last year, but did not receive CDBG funding. City staff believes that this is the year to begin such a program; one that could provide a major incentive to small businesses considering locating or remaining in Atascadero. Economic development is vital to Atascadero and also is one of the top priorities of the County Consolidated Plan`, of which CDBG is a part. Increasing economic development opportunities for communities is also a prime component of CDBG. Furthermore, through job creation and retention, economic development programs like small business loans are determined to benefit low and moderate income individuals. City staff envisions a similar request for the next four years in order to accrue an adequate amount of money for business loans. The Economic Vitality Corporation is currently offering the same type of annual loan program for for the entire county. The City may consider utilizing the EVC for processing the loan. 8. Program Administration/Economic Development Manager Proposed funding (six months) for a City Economic Development Manager, including administration of the CDBG program. • 5 000049 Amount of CDBG funds requested: $47,415 Recommended funding: $47,415 This proposed new City position would be a proactive voice for economic development by working with the Chamber of Commerce, BIA, prospective new businesses, and other organizations. The position would also administer CDBG, small business loan programs, and pursue other available grants of economic benefit. If redevelopment is deemed economically beneficial, this person would also manage the Redevelopment Agency. The Downtown Plan and Economic Development Element both call for creation of such a function within City personnel. Again, City staff foresees an annual commitment of 20% of the CDBG funds to finance this position. Twenty percent (20%) is the maximum amount that CDBG funds can be used for administration and staffing. The remaining portion of the annual salary would have to come from the General Fund. (Note: If the Redevelopment Agency becomes a viable enterprise, the position could be funded in part from redevelopment revenues. ) If the City Council is concerned that the City will be unable to fund this position through the General Fund, they can reserve this money for administration purposes. It should be noted that if the City Council chooses to use the money for another project there should be an amount reserved for the City' s administration of the CDBG program. Based upon the 1995 program, the City should reserve approximately $25,000, or 10 percent, for administration. Other Applications 9. Office of Economic Development and Housing Proposal, by R.S. Kolemaine, to establish an office of Economic Development and Housing within the City of Atascadero. Amount of CDBG funds requested: $116,000 Not recommended for funding this year (see #8 above) Similar, if not identical, to the City' s request above. This request is to fund the position for one year - as stated above, other revenue sources will have to be found because administration and personnel is limited to 20% of the total grant. 10. Homelife Foundation - Innovative Development Center (IDC Enhancement of the business incubator center on Traffic Way Amount of CDBG funds requested: $44,250 Recommended funding: $30,000 This proposal would provide commercial rental assistance and advertising of the business incubator concept operated by the Huffmans in downtown Atascadero. It is geared toward 6 000050 assisting minorities, women, and lower income individuals in starting up small businesses. The IDC is an business educational center which helps businesses get started in the "incubator" phase and later "graduate" as an independent business. CDBG funds would be used to supplement and expand the small business management guidance that the IDC provides potential new enterprises. The Huffmans have an innovative concept underway at their Traffic Way location - one that fits in nicely with the economic development emphasis of this year' s CDBG program. City staff does not believe that the $14, 000 requested for direct advertising is appropriate for CDBG funds, thus the recommendation for $30, 000. As contained in the recommendation at the beginning of this report, staff is suggesting that a performance evaluation of the IDC progress and CDBG compliance be a condition of the grant. 11. North County Women' s Resource Center Paving of driveway at the North County Women' s Resource Center' s Battered Shelter. Amount of CDBG funds requested: $6,900 Recommended funding: $6,900 This project was established with State CDBG funds and a storage building was constructed last year using funds from this program. County staff is again recommending that this project be funded out of the Special Urban Projects Fund; a separate countywide CDBG account reserved for projects with a regional benefit. Thus, like the storage building last year, it would not come out of the City's allocation. Staff is recommending that this project be included in the Consolidated Plan for the Board' s consideration. 12. Oak Leaf Homes/People' s Self-Help Housing Proposed project is 25 housing units, including a density bonus for lower income persons, located on El Centro. Amount of CDBG funds requested: $200,000 Not recommended for funding this year The CDBG funds would be used as a pool of second mortgage funds to assist ten lower income households to qualify for owner-built homes. Planning staff feels that this is an excellent project. It is specifically mentioned in the Housing Element and would be a significant addition to the City' s single family affordable housingsupply. As cautioned last year and the year before, however, the project requires certification of an EIR and discretionary approval of a zone change, density bonus, and subdivision. In that light, the current request is premature for funding in 1996. 000051 13. SLO Housing Authority - Empire Apartments Property acquisition of the property adjacent to the Empire Apartments (formerly Empire Inn) in order to accomplish driveway improvements to the existing project and construct additional units. Amount of CDBG funds requested: $100,000 Not recommended for funding this year The Empire Inn was a very worthwhile project; a conversion of a motel into senior apartments. Upon submittal of more information, staff would give this project serious consideration. In order to evaluate this proposal, a future application should include correspondence from the owner indicating a willingness to sell, a property appraisal, as well as a proposed site plan to determine the feasibility of the proposal. 14. Casitas Motel Frontage Improvements Installation of curb, gutter, and sidewalk along the frontage of 5323 El Camino Real; the low income Casitas Motel rentals. Amount of CDBG funds requested: $42,000 Not recommended for funding this year David Low has made some noticeable improvements to this property. The installation of public improvements would not only benefit this property, but the El Camino corridor, as well. The project qualifies by its land use,, but is zoned for commercial development. If the site were to be converted to commercial uses, the CDBG qualifying factor is no longer valid. The City could condition the grant to retain the motel apartments for a certain period of time, however, it must noted that the City' s Zoning Ordinance encourages discontinuance of nonconforming uses. It must also be questioned whether the City wants to encourage the current use to remain given the property' s long term commercial potential. 15. Senior Home Repair Program (EOC) The Economic Opportunity Commission is proposing a home repair program for seniors. Amount of CDBG funds requested: $22,000 Not recommended for funding this year This request has been made of all other participating jurisdictions in the "urban county" - a countywide request for $220,000. These residential rehab programs are only cost effective on a countywide level. The other cities and county are not proposing such an undertaking this year. The City recognizes a growing need in all demographic groups for residential rehabilitation - when such a program is undertaken it probably should not be limited to seniors only. 8 000052 16. Fire Safety at California Manor Installation of an automatic fire sprinkler system at California Manor. Amount of CDBG funds requested: $242,000 Not recommended for funding this year California Manor is an elderly congregate care housing project comprised of 95 units. It is an unique and successful project which unfortunately was not fitted with fire sprinklers during construction. Although there was no cost breakdown with this application, the installation of sprinklers in such a facility would be very expensive. It seems a project worthy of consideration, however, it would take the entire annual allocation. In order to evaluate this proposal an itemized cost estimate must be provided. The structural feasibility of phasing the project also needs to be explored. The building was constructed to the applicable code at the time - each wing is provided with an area separation wall to contain a fire. Possibly one wing could be provided with sprinklers and the more frail residents housed in those units? It is this type of analysis that must be provided in a future application. The implications of congregating and/or increasing the number of disabled elderly in the facility have to be carefully monitored in light of the building' s occupancy classification. 17. Lost Oak Mobilehome Park (San Diego Way) Downpayment assistance ($7,000) for twelve spaces at Lost Oak. Amount of CDBG funds requested: $84,000 Not recommended for funding this year This program could help in filling some vacancies at the mobilehome park and provide an incentive to take advantage of existing housing opportunities in the City. The proposal, however, does not provide a widespread benefit to lower income persons, address issues of public safety, or stimulate economic development. 18. North County Teen Academic Pregnancy and Parenting (TAPP) A public service to support teen parents, primarily in transportation and child care. Amount of CDBG funds requested: $27,000 Not recommended for funding this year A similar request was made to Paso Robles and the County. The participating jurisdictions of the "urban county" must be deliberate in allocations of this type, for there is a 15% cap on CDBG public services. In this case, it appears that there are other funding sources available for this program, such as the Economic Opportunity Commission, Private Industry Council, United Way, and the school districts. Also, the City of Atascadero does provide transportation (Dial Ride) and day care (Kids Unlimited) . 9 000053 19. Outreach Resources and Referrals A public service to provide outreach support services for the homeless. Amount of CDBG funds requested: $25,000 Not recommended for funding this year A similar request was made to the cities of SLO and Paso. The County and City of San Luis Obispo have made an ongoing commitment to homeless programs through the Homeless Shelter and People' s Kitchen. The City of Atascadero has cooperated with local organizations, particularly churches, in meeting its homeless needs. Last year, the City contributed with other jurisdictions in CDBG funding for transitional housing programs through the SLO Housing Authority. More information about this program is necessary before it should be considered for funding. 20. Home Health Agency of SLO County A home health care program for seniors. Amount of CDBG funds requested: $4,760 Not recommended for funding this year Similar requests were made to all other participating jurisdictions, except Grover Beach. The program would provide senior home assessments, fund some necessary home improvements, and sponsor some health education seminars. This is similar in some respects to the senior home repair program (#14) and should be conducted on a comprehensive countywide basis. Again, based on the cap on public services and the competition of funds, the other jurisdictions are not including this program for funding this year. CONCLUSIONS• The 1996 CDBG program funding can be summarized as follows: Total 1996 Atascadero CDBG Funding $248,600 Total 1996 CDBG Funding Requested $1,153,910 * This includes the City administrative costs. Administrative costs are considered to address CDBG national objectives - these costs are excluded from the total before figuring low/mod percentage. Total dollar amount benefiting low/mod people = $151,025 Grant total (minus admin. costs) _ $201,185 Percentage of low/mod income projects = 75% 10 000054 All recommended projects, with the exception of the Youth Center and Fire Station, are considered to be a direct benefit to low and moderate income persons. The recommended projects address a variety of community development activities, primarily benefitting low and moderate income families. They are ready to proceed without significant legal, financial, or environmental obstacles. Each one will result in a completed project, or a distinct piece of a larger goal, that is not now otherwise possible without the grant funds. By devoting the funds to economic development, the City can addess one of its most urgent needs, while simultaneously meeting the fundamental national objective of the CDBG program - that of providing benefits to low and moderate income persons. Attachments: CDBG Applications (under separate cover) 11 060055 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda tem: B-2 (A-C) Through: Andrew Takata, City Manager Meeting ate: 04/09196 via: Steven L. DeCamp, City Planner File Number: GPA 95009 ZC 95011 From:QV. Doug Davidson, Senior Planner CUP 95007 SUBJECT: Consideration of a General Plan Amendment to inc de the Public zone on north El Camino within the Urban Services Line (USL), a change in the Public Zoning Text to conditional) allow "Mini storage Facilities" , "Recreational Vehicle (RV) Parks" , and "Vehicle and Equipment Storage" uses, revise the required side setbacks in the Public zone, and review a development plan for a mini-storage facility. Subject site is located at 1740 E1 Camino Real (Christ Chapel/Jerry Levitz) RECOMMENDATION: 1. Resolution No. 17-96 - Approve attached Reso ution amending the Land Use Map by including the properties de ignated Public from 1200 to 1800 E1 Camino Real within the Urban -Services Line. 2 . Ordinance No. 303 - Read by title only and approve on first reading amending the Zoning Ordinance text by adding "Mini- storage Facilities, "Vehicle and Equipment Storage" , and "Recreational Vehicle Parks to the list o conditionally allowed uses in the Public (P) zone and revise the required side setbacks requirements in the Public zone 3. Approve Conditional Use Permit 95007 subject to the Findings t dated March 19 1996` and contained in the staff report, � , subject to the attached Revised Conditions of Approval. BACKGROUND: On March 19, 1996, the Planning Commission conducted a public hearing on the above-referenced applications. After discussion (see the attached minutes excerpts), the Planning Commission recommended approval of the Conditional Use Permit and the General Plan Amendment and Zone Change requests. Attachments: Resolution No. 17-96 Ordinance No. 303 Revised Conditions of Approval March 19, 1996 Planning Commission Staff Report March 19, 1996 Minutes Excerpts - March 19, 1996 RESOLUTION NO. 17-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY INCLUDING THE PROPERTIES DESIGNATED PUBLIC FROM 1200 TO 1800 EL CAMINO REAL WITHIN THE URBAN SERVICES LINE (GPA #95009: CHRIST CHAPEWLEVITZ) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City' s General Plan, which was prepared in the 1970' s, adopted in 1980, and amended in 1992 to guide the City' s general growth is in need of updating; and WHEREAS; the Planning Commission of, the City of Atascadero conducted a public hearing on the subject amendment on March 19, 1996; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a -resolution; and WHEREAS, the Council of the City of Atascadero finds as follows 1 . The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2 The proposed, General Plan amendment will not have a significant adverse affect on the environment. The Negative Declaration prepared for the project is adequate. 3. The proposed` extension of the Urban Services Line will not overburden the City' s sewer plant or collection system andwillnot adversely affect sewer service to other priority areas, specifically cease and desist locations THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA 1950011 as follows: 1. Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . 000057 Resolution No. 17-96 Page 2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA 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 000058 S� .. 'jsJA'1m ^�7y.'M•.i �K l IVA r 0 ORDINANCE NO. 303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO CREATE A NEW LAND USE DESCRIPTION OF "MINI-STORAGE", DESIGNATE "MINI-STORAGE FACILITIES", "VEHICLE AND EQUIPMENT STORAGE" , AND "RECREATIONAL VEHICLE PARRS" AS CONDITIONAL USES IN THE PUBLIC ZONE AND TO REVISE THE SIDE SETBACK REQUIREMENTS OF THE PUBLIC ZONE (Zone Change 95011) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment does not have a potential to result in a significant adverse effect on the environment and the Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on March 19, 1996 and has recommended that the proposed amendment be incorporated into the City Zoning Ordinance. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1 . The proposal is consistent with the General Plan, and compatible with the stated purpose of the Zoning Ordinance. 2 . The proposal will not result in any significant adverse environmental impacts. Section 2 . Ordinance Text. Zoning Ordinance Section 9-3.701 is hereby amended by the addition of a new land use description for "Mini-storage facilities" as shown in Exhibit A and made a part hereof by reference. Zoning Ordinance Section 9-3.502 . is hereby amended by the addition of conditional land uses (p) "Mini-storage facilities" , (q) "Vehicle equipment and storage" and (r) "Recreational Vehicle Parks" as shown in Exhibit B attached hereto and made a part hereof by reference. 000060 ordinance No. Page 2 Zoning Ordinance Section 9-4. 107 (b and c) is hereby amended to add the "P" zone to subsection "b" and delete the "P" zone from subsection "c" as shown in Exhibit C and made a part hereof by reference. 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 Councilperson and seconded by Councilperson the foregoing ordinance is hereby adopted in its entirety on the following roll 0 call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk 000061 Ordinance No. Page 3 APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVEN L. DECAMP, City Planner 000062 EXHIBIT A ORDINANCE 303 xo-1ing, d=aw-i-ngand al+eyiRg erre Y in '-rhe marmfaeeeuEe-ef ezaerzings a+3d etzrc= t+ rmss e c _ _ , , epd:kes, and insulataed wipe and McEehant n=asp- fidE „„ a.-Id by-Ervdj:je c er beeh3.*e-eake-vv cr s aEe alse ,•, ,•�` a Mini ncr: _ _ _ era , eeal and (emeept firel-s) , ex Saurface mines extracting crushed and broken stone, di ns ^`^S34 or sand and ne gravel, or mineral resources. -(See alse "scene aind ^"r Piro ,uets). Mini-storage: Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities. Mobilehome Developments: a MfRobilehome parks and mobilehome subdivisions. y leased,- `-ed, _91asysa-6e ireae eda=Ee--z.Reble iemes ;aced fez man ` _ -_� F - �etal spaees Mobilehome Dwelling: A vehicle without self-propulsion designed and equipped as a dwelling unit to be used with a foundation. Multiple Family Dwellings: Includes a building, or portion of a building, used and/or designed as a residence for two or more families living independently of each other (includes duplexes, triplexes and apartments) . Offices: Establishments engaged in performing a service in a professional office including.;—e g �e g h4 a' n ' " fr, s e i:- i2e,, real -est4Ce-aa E�eS�-- .9R e 9 ffia e F -i , aeeeuntc-ing, auditing, and, advergsing ageneies;}3hetegraphsCiadies and small. eeRimereial I 11 ©000,3 EXHIBIT B ADOPTED JUNE 27, 1983 ORDINANCE 303 P (Public) Zone 9-3. 421. Purpose: This zone is established to provide suitable locations and standard for the maintenance and development of public and quasi-public facilities and services. 9. 3. 422. Allowable Uses: The following uses shall be allowed in the Public •Zone. The establishment of allowable uses shall be as 1 provided by Section 9-2. 107 (Plot Plans) and Section 9-2. 108 (Precise Plans) : (a) Broadcasting studios (b) Libraries and museums (c) Offices (City, County, State or Federal Government or public utilities) (d) _ Temporary Offices (See Section 9-6. 176) (e) Public assembly and entertainment (f) Schools (See Section 9-6. 125) (g) Temporary events (See Section 9-6. 177) (h) Temporary or seasonal retail sales (See Section 9- 6. 174) (i) Outdoor recreation services 9-3. 423. Conditional Uses: The following uses may be allowed in the Public Zone. The establishment of conditional uses shall be as provided by Section 9-2. 109 (Conditional Use Permits) : (a) Animal hospitals (See Section 9-6. 110) (b) Caretaker residence (See Section 9-6. 104) (c) Cemeteries (d) Churches and related activities (See Section 9-6 . 121) (e) Collection station (f) Funeral services 3-55 EXHIBIT B CCONT. ) ORDINANCE 303 (g) Health care services (h) Membership organizations (i) Residential care ( j ) Schools - business and vocational (See Section 9-6 . 125) (k) Single family residences (1) Skilled nursing facility (See Section 9-6 . 134) (m) Social and service organizations (n) Transit stations and terminals (o) Utility service centers (p) Mini storage facilities (q) Vehicle and equipment storage (See Section 9-6 . 183 ) (Where all areas of use are within a building) (r) Recreational Vehicle Park (See Section 9-6 . 180) (Only when clearly subordinate and incidental to an allowable use or an approved conditional use. ) 9-3 .424. Lot Size: There shall be no minimum lot size in the Public Zone, except for parcels intended for single family resi- dential use where the minimum lot size shall be 2 1/2 acres . 000065 EXHIBIT-C- ORDINANCE 303 4-6 ADOPTED JUNE 27, 1983 block are recorded. as part of a land division map, deed restriction, or other enforceable restriction; and (iii) The side setback shall not be eliminated or reduced on the street side of a corner lot; and (iv) Side setbacks opposite the zero setback property line are not less than twice the minimum required by this Section. „ (b) CN, CP, CR, CS, CT, CPK, IP, and I Zones: No side T)D P Z0W E setbacks are required. Ground floor residential uses are subject to the setback requirements of Subsection (a) of this Section. (c) L, LS and P Zones: A minimum 5 foot side setback is 'ELETE �P��7011.1E required. 9-4. 108. Rear Setbacks: The rear setback is measured at right angles to the rear property line to form a setback line parallel to the rear property line. (a) A, RS, RSF, LSF, and RMF Zones and Permitted Ground Floor Residential Uses in Commercial and Industrial Zones: All residential uses except for second story dwellings over commercial and industrial uses shall have a minimum rear setback of 10 feet, except as follows: (1) Accessory Buildings: A rear setback except for the portion of the rear yard adjacent to the street of a corner lot adjacent to a key lot, may be used for an accessory building no greater than 12 feet i height, provided the accessory building is not used for human habitation or the keeping of animals, and is closer than three feet to a side or rear property line or alley. (b) CN, CP, CR, CS, CT, CPK, IP, and I Zones: No rear setback is required in Commercial or Industrial Zones, except as follows : (1) Adjacent to an Alley: The rear setback shall be a minimum of a five feet, except where the alley a provides vehicular access to the interior of the 0a 000066 ATTACHMENT M - Conditions of Approval Conditional Use Permit 95007 1740 E1 Camino Real (Christ Chapel\Levitz) March 19, 1996 Revised by the Planning Commission March 19, 1996 CONDITIONS OF APPROVAL: Planning Division Conditions I. All development of the site shall be in conformance with the plans as contained in the Attachments, all conditions of approval contained herein, and all applicable provisions of the Atascadero Municipal Code. Any substantial modification of the project shall require approval of the Planning Commission. 2. The entire project shall be subject to all ordinary requirements of the City Building Division that are necessary to secure and final building permits This includes a separate review and permit issuance for signs. Any additional information deemed necessary for the review and approval of building permits shall be provided. 3. A six foot masonry wall shall be constructed along the property freeway frontage and six foot fencing (or wall) on the side property lines. Fencing along the sides of the property shall be contain masonry pilasters at consistent intervals with solid wood "infill" , or some similar form of screening as determined by Planning staff to maintain architectural consistency. All exterior walls/fences and walls within the project (retaining walls, trash/transformer/recycling bin enclosures) shall be architecturally compatible with the buildings. 4. Landscape plans shall be reviewed and approved prior to issuance of building permits. These plans shall emphasize freeway frontage landscaping (with approval from Caltrans if necessary) and provide for a three (3) foot high landscaped berm in the front where parking is directed toward the street. 5. Plans submitted for building permits shall include all proposed utilities. Exterior lighting shall comply with Zoning Ordinance Section 9-4. 137 to ensure that site lighting does not adversely affect surrounding properties. 6. No outdoor storage is permitted on the site. 7. The caretakers residence (manager' s apartment) is approved subject to Zoning Ordinance Section 9-6. 104. 000067 8. 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. Fire Department Conditions 9. One fire hydrant is required to be installed prior to the beginning of any combustible construction. The proposed hydrant location shall be approved by the Fire Marshal. 10. New construction shall meet all requirements of the Uniform Building Code for property line construction, including, but not limited to, one hour rated walls adjacent to property lines, specifically buildings #s 1,2,3,9, 10, and 11. Engineering Division Conditions 11. The applicant shall construct all improvements in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 12. The applicant shall enter into a Plan Check/Inspection Agreement with the City. 13. The applicant shall obtain an encroachment permit from the City Engineering Department prior to the issuance of building permits. 14. The applicant shall secure all improvements within the right-of-way 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 by the applicant 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 applicant 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 000068 Attorney. 15. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 16. The applicant shall overlay any utility trenching in existing streets which is a result of construction of the project in order to restore a smooth riding surface as required by the City Engineer. 17. The applicant shall construct all drainage facilities in conformance with Section 5 of the City of Atascadero Engineering Department Standard Specifications. Storm water run-off which emanates from the project site shall be detained in conformance with City Standard 5. 06.G . 18. The applicant shall submit verification that the drainage system proposed for the project which discharges into the Caltrans right-of-way has been reviewed and approved by Caltrans prior to issuance of building permits. 19. The applicant shall submit a recorded copy of the 20 foot wide private drainage easement required to construct the detention basin outlet structure prior to issuance of building permits. 20. The applicant shall submit a grading and drainage plan, prepared by a registered civil engineer, for review and approval by the City Engineer prior to the issuance of building' permits. The applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) prior to the final inspection. 21. The applicant shall submit sedimentation and erosion control plan addressing interim erosion control measures to be used during construction for review and approval by the City Engineer should construction occur between October 15 and April 15. 22. The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the City Engineer prior to issuance of building permits. Road improvements 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. The applicant shall improve E1 Camino Real from the 3 000069 centerline to the property frontage in conformance with City Standard 407 (Arterial) contiguous to the entire property frontage, or as approved by the City Engineer. The improvements shall exclude construction of the raised median. Transitions shall be constructed where required to achieve a smooth join with existing improvements. 23. The applicant shall submit a Mylar copy and a blue line print of the as-built improvement plans, signed by the registered engineer who prepared the plans, to the City Engineer prior to the final inspection. 24. The applicant shall complete all public improvement work prior to the final inspection. 25. The applicant shall pay all sewer annexation fees to the issuance of building permits. 26. The applicant shall pay all outstanding plan check/inspection fees prior to the final inspection. 27. Sewer extension plans shall be reviewed and approved by the Chief of Wastewater Operations and the City Engineer prior to issuance of building permits. 4 0000'70 CITY OF ATASCADERO Item: B . 3 STAFF REPORT FOR: Planning Commission Meeting Date: March 19, 1996 BY: Doug Davidson, Senior Planner File No: GPA 95009/ZC 95011 CUP 95007 SUBJECT: Consideration of a General Plan Amendment to include the Public zone on north El Camino Real within the Urban Services Line (USL) , a change in the Public Zoning Text to conditionally allow "Mini-storage facilities", "Recreational Vehicle (RV) Parks", and "Vehicle and equipment storage" uses, revise the required side setbacks in the Public zone, and review a development plan for a mini-storage facility. RECOMMENDATION: The Commission should make the following recommendations to the City Council: 1. Find the Negative Declaration (Attachment I) prepared fcr the project to be adequate under the provisions of the California Environmental Quality Act; and , 0 2. Approve Resolution #17-96, including the subject property within the USL (Attachment J) ; and, 3. Approve Ordinance #303, adding "Mini-storage facilities", "Vehicle and equipment storage", and "Recreational Vehicle Parks" to the list of conditionally allowed uses in the Public (P) zone and revise the required side setbacks in the P zone as contained in Attachment K. 4. Approve Conditional Use Permit 95007 subject to the Findings in Attachment L and the Conditions of Approval in Attachment M. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Christ Chapel 2. Representative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Jerry Levitz 3. Project Address. . . . . . . . . . . . . . . . . . . . . . . 1740 El Camino Real 4. Site Area. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.70 acres 1 0000'71 0 5. Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .P (Public) 6. General Plan Designation. . . . . . . . . . . . . . . . . . . . . . . . .Public 7 . Existing Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Vacant 8. Environmental Status. . . . . . . . . . . . . . . . .Negative Declaration Posted February 28, 1996 ANALYSIS: The following analysis will be broken down into three main categories: ( 1) The impacts and implications of extending the Urban Services Line to serve the Public zone on north E1 Camino Real; and (2) The effect of adding three new Conditional Uses to the Public Zone text of the Zoning Ordinance; and (3) The appropriateness of a proposed "mini-storage facility" at a specific site within the subject Public zone, including the elimination of the side setback requirement. Urban Services Line Extension According to the Chief of Wastewater Operations, the extension of sewer service to the Public zone on north E1 Camino Real (see Attachment A) will not overburden the city' s sewer plant or collection system. Nor will the extension of sewer affect the serving of priority areas, particularly cease and desist areas. These are the two findings required by the General Plan in order to extend the USL. Initially, the mini-storage facility was proposed with a private sewage system for wastewater disposal. However, the soils of the site are sandy in nature and groundwater is reached at high levels. Thus, the percolation tests were not favorable for septic systems and the request was made to include the property within the Urban Services Line. During review of the General Plan Amendment, a registered civil engineer proved that adequate sewer "fall" can be provided to serve the proposed mini-storage site. The design of the sewer system was not analyzed beyond that point - an engineer will need to prepare a functional plan for the northern section of this Public zone. There is the possibility that a pump station will be required to serve this section of El Camino Real. Staff enlarged the study area of this application to include this entire Public zone for inclusion within the USL. By virtue of its location, geography, and consistent zoning, this zone forms a 2 0000'72 well defined and distinct area. Long range land use and future wastewater planning also call for the entire zone to be added to the USL. The possibility of a necessary pump station and the uncertainty of extending sewer facilities north of the proposed mini-storage site, allows the Planning Commission the option of extending the USL to 1740 El Camino Real only. This would also alleviate the concerns of the Elks Lodge (Attachment H) . The Elks Lodge site ( 1500 El Camino Real) reportedly has suitable soils for septic systems and is located some 1,000 feet north of the mini-storage site. The Elks do want to incur the "up front" costs of extending sewer to their property. Only via a special approval from the City Council can properties within the USL install a private sewage disposal system. Staff would recommend against granting such a waiver because this area is prone to septic system failures. Again, proper planning for future infrastructure and utility needs calls for this Public zone to be included in the USL. The availability of sewer is a substantial benefit for marketing and reaching the development potential of these properties. Besides the questionable soils and septic failures in the area, "public" land uses typically are big institutional buildings with large paved areas, leaving little room for leachfield and expansion areas. (Note: Septic systems are not permitted underneath parking lots or paved driveways. ) Public Zone - Zoning Ordinance Text The allowable and conditional uses of the Public Zone are shown in Exhibit A of Ordinance 303 (Attachment K) . The three proposed new conditional uses have been added as "Mini-storage facilities" , "Vehicle and equipment storage", and "Recreational Vehicle Parks" . Planning staff has long recognized the need for a separate land use description for mini-storage facilities. Until now, this land use has been grouped within the Zoning Ordinance description of "warehousing" . During the recent Zoning Ordinance Update sessions on revised land use descriptions, a new description for mini-storage was presented as follows: "Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities. " As part of this Zone Text Amendment, staff is recommending that this definition be added to the land use descriptions. In addition to creating a new definition for mini-storage, staff is suggesting that the use be listed as a "conditional use" in the Public zone. This will allow the proposed mini-storage to be reviewed (see discussion below) and future such facilities to be analyzed on a case-by-case basis. 3 0000'73 The existing land use definition of "Vehicle and equipment storage" is also proposed as a "conditional use" in the Public zone. If the mini-storage concept is approved, the applicant is considering expanding the storage use to include boats, trailers, etc. Although the CUP process does provide some degree of protection from inappropriate land uses in certain instances, the listing of a land use as "conditional" can encourage the filing of applications for these secondary types of activities. Staff is not recommending the listing of "Vehicle and equipment storage" as it is customarily accomplished in the conditional uses of the Public zone. Public land uses typically involve large buildings for institutional, office, or public assembly operations. Storage of boats and/or trailers is typically an outdoor activity and is not appropriate along the freeway corridor in a Public zone. The Commercial Service (CS) and Industrial Park (IP) zones are designated for such outdoor land uses. When such an activity is conducted entirely indoors, it could be suitable in some cases, thus warranting a '"conditional" use status. The Elks Lodge has joined in this Zone Text Change request in order to enable development of an accessory RV Park for traveling members of their organization on their property at 1500 El Camino Real. Under this accessory relationship, the proposed RV Park could be developed in conjunction with, or after, the construction of the planned Elks Lodge building. Staff supports this concept as suitable in the Public Zone, but cannot advocate allowing the RV Park to be developed prior to construction of the Elks Lodge. Staff believes that RV parks as a "stand alone" or primary use are not appropriate in the Public Zone. Again, as in the above situation, there are other zones, particularly Commercial Tourist (CT) , set aside for this type of land use. Mini-storage facility Staff has combined several different applications in order to allow a comprehensive review of the proposed changes to the Public Zone on north E1 Camino Real. (Of course, the Public Zone text changes discussed above would affect Public zones throughout the City. ) Thus, in addition to creating a "mini-storage" land use definition and adding it to the list of conditional uses, this agenda item includes review of such a facility at 1740 El Camino Real. The project is proposed in eleven ( 11) buildings ranging in size from approximately 3, 000 to 5, 000 square feet (Attachment C and D) . Most of the buildings are designed for self-storage needs of individuals. Building #9 contains rental space for official records on the second floor. Building #1 contains a manager' s apartment on the second floor. Building #4 is designed as a showroom for public auction items and contains wine storage. The 4 000074 buildings are plaster siding with sheet metal roofing, incorporating wood columns at consistent intervals. The required setbacks in the Public zone have been satisfied with the exception of the five (5) foot side setback. More than adequate parking is provided and the one-way "U" circulation is functional and meets Fire Department requirements. Drainage has been reviewed by the City' s Engineering Division and Caltrans, resulting in the drainage design as shown on Attachment D. The applicant has negotiated a 20 wide easement for drainage purposes from the adjacent property owner to the south. A retaining wall along the freeway frontage has been proposed - additional screening is necessary here and where adjacent residential uses exist according to Zoning Ordinance Section 9-4.128 (4) . Landscaping has been proposed, but details are necessary to ensure a special emphasis along the freeway and the E1 Camino Real frontage. Lastly, the use clearly justifies a caretaker residence for security reasons and meets the criteria as outlined in Section 9-6. 104. Conditions have been recommended to ensure compliance with Zoning Ordinance standards, as well as Engineering and Fire Department requirements. The required five foot side setback in the Public zone is similar to the situation encountered in the recent review of the RV park on Marchant Ave. Many standards of the Zoning Ordinance have been established for years, but applying some of them to specific projects raises questions about their relevancy. As the comprehensive re-write of the Zoning Ordinance continues, staff will be recommending revision of some standards as they arise in review of development plans. The proposed rollerskating facility adjacent to the Post Office is encountering the same questionable setback limitation in devising its plans. Staff believes that the side setback for the Public Zone should be the same as in the commercial and industrial zones. No side setback should be required for commercial buildings or public assembly and institutional structures. The size and scale of "public" buildings is much more commercial in nature, than residential. The Building and Fire codes have property line construction standards which should govern in these cases. Since the Public zones front on E1 Camino and/or the freeway, staff can support retaining the front and rear setback requirements ( 10 feet) in the zone. There are provisions within the Zoning Ordinance that protect and respect residential uses when non-residential uses are constructed nearby. With no exterior storage on site and solid screening and landscaping incorporated into the setback areas, the project would be a fitting addition to the freeway corridor. It seems that the mandatory Findings regarding compatibility, appearance, and orderly development can be affirmed. Mini-storage projects have a reputation for sometimes presenting a "boxy", monotonous, 5 000075 warehouse look. With "sand" colored plaster siding, dark brown wood columns, and red metal roofing, the project will be an attractive facility. CONCLUSIONS• The City has established Public zones at its existing public sites, on north E1 Camino Real, and on the south end of town between El Camino and Viejo Camino. New development in these areas has been nonexistent. By expanding the number of possible land uses and extending urban services to the northerly Public zone, the development potential of these areas can begin to be realized. (Note: The implications of a large commercial project at Dove Creek on the southerly Public zone is being explored in the South Atascadero EIR. Also, the just received skating rink project, next to the Post Office, will also be requesting a Zone Text Change for the Public zone. ) As a first test case of the new conditional uses, the mini-storage facility seems to be an appropriate use in its proposed location. It contains some "public" characteristics, while also providing a worthwhile service for the community. ATTACHMENTS: Attachment A - General Plan Land Use Map Attachment B - Zoning Map Attachment C - Site Plan (Mini-storage) Attachment D - Grading Plan Attachment E - Elevations (Mini-storage) Attachment F - Supplemental Development Statement Attachment G - Conceptual Site Plan (Elks') Attachment H - Supplemental Develop. State. (Elks) Attachment I - Negative Declaration Attachment J - Draft Resolution Attachment K - Draft Ordinance Attachment L - Findings for Approval (CUP) Attachment M - Conditions of Approval (CUP) 6 0000,7 _ F 17;;;em I 1 S sn � .. ATTACHMENT B CITY OF ATASCADERO ZONING MAP ailsGPA 95009/ZC 011 COMMUNITY DEVELOPMENT C u P 95007 DEPARTMENT it (PD9 ) RAFFIC Ay._-.-----r' \ CPK (PD9) °-�1-- I -, V / �► R S' , ,soo Eco CCk l �I J v �4MrN0 QT \1 i/ i �p IA CT i/ O MON 0000,7�0� a �-�*� ATTACHMENT C CITY O F ATA .... .. . � SCADERO SITE PLAN (MINI—STORAGE) COMMUNITY DEVELOPMENT GPA 95009/ZC 95011 DEPARTMENT CUP 95007 or f [%IS + �L axis o 1 11,�J�yrJww.re�nt��r• 77 Pow" 17xw 57 _ cLiAN s/A.tq IJf K r se / le 17' 1� I�wwSMl��1r MCC is .o4 1 y axro 17osp - CYr[AIOA roMISS of s to comerters sue•F ffh* j low owls 3" :sr;7M r ^ f 1 �.. 1 '?—(dX �O � � IurERroA FbpY7NGt L w • 1 Lu FAUD 1 4+ a• 1� le7(u r. � U 7.i•AI• r '• < a 7A. [ 1'rL /t Jori vre fru 1 7rn Ird A / to ssr��v.Jn I s x U- > Jri••+wre�• ^: [�, s —4 t (� 1 IIA ,Lu^ U _ H 1 1 1 q JWFA 1"1x71 A h'�'i w•1 Ae Z C�'(11- ,a ..._¢� • 1QR, / 7xrs J • .v C—) a.r �r11ff�11,�I�L �J+3�JJJJ f rlls7 1. 1 "u,tie IV* Hary 4 Tom' $00 . . �.,, .., HC[ORp I it } . fi01M[t .fel 1 I- t` IDID um tsr melt weer tr it�r•� rcreAur EL C"00 n+rsT 0000'79 r �p ATTACHMENT D �` CITY O F ATASCADERO GRADING PLAN �-,.—..qua �-'»-� COMMUNITY DEVELOPMENT GPA 95009/ZC 95011 CUP 95007 DEPARTMENT -I IF loll t l� I 1� ' R' ----- --- �i t _UL n - fuLbm a ------------ � I r ' % apEanon = --- i PRELIMINARY GRADING PLAN m oe.•+ca 000080 ATTACHMENT E CITY OF ATASCADERO ELEVATIONS (MINI-STORAGE) COMMUNITY DEVELOPMENT GPA 95009/zC 95011 CUP 95007 DEPARTMENT i I �scTtrt=c,yt--fres-m--vnrrt�rrt-wr_rrt _ -_ __ U . ty pi cal inside, building—bldg. 2 = u_ I _ _C-LL 1_L . I plaster inset 1" z : all doors roll up g HI GHWAY 101 U J W - ---- 'sheet --mutat to E L CAMINU IAEA L STO1� /AGE IST OFFI CE 1ST FLOOR floor RECURp 2N1) Showroom and storage of items for MANAGERS 2ND STOIJAGE public auction APAIR TM ENT. FU)OI1 000081 ATTACHMENT F DEV. STATE . (STORAGE) City of Atascadero GPA 9-5 0 0 9/Z C 95011 6500 Palma Ave. CUP 95007 i Atascadero, CA 93422 9/30/95 RE: 1740 EI Camino Real, AP# 049-131-071 Dear City Planning Dept. We are formerly applying for a Zone Text Change, General Plan Amendment and Conditional Use Permit for the above property. The Zone Text Change is to allow Self-Serve Storage within the Public Zoning. The Christ Chapel originally purchased the property to develop the site as a Church, unfortunately the Church is not economically feasible at this time. We have tried to market the property to other denominations but to date can not find an interested party. The strictly limited uses within the existing Public Zoning leave very few potential uses for the site, therefore the request for the Zone Text Change, to allow for Self-Storage Units, which we feel is an appropriate use for the site. A copy of the proposed wording for the Zone Text Change is included as Exhibit A. The General Plan Amendment is to extend the existing Urban Services Line, approximately 200' away, to include this property. As part of an initial investigation into the development of the property a Perc Test (copy enclosed) was performed on the property. The soil perked well but ground-water was discovered thruout the property at very shallow depths. This makes it unfeasible for just about any type development of the property unless sewer is provided. We are also requesting that the Conditional Use Permit for the Self- Serve Storage units be processed simultaneously to the General Plan Amendment and Zone Text Change. The Atascadero Elks Lodge has agreed to participate with us on the Zone Text Change Application and they have included a check for 1/2 of the fee for that portion as they will be asking for expanded allowed uses within the Public Zoning for their property. Sincerely -Trey Little Johns 000082 riW-'dU-'1J4 t-K1 1b:�b lll: ii 5 t'b"1 ATTACHMENT F (CONT . ) CUP 95007/GPA 95009 EAL CONSTRUCTION & INVESTMENT ENT Gcm„e,.e.bo199�63 Qy of AUncadav Community Development Department 6500 Palma Avenue Atascadero, Ca 93422 ,Dear Commissioners: We have built tract housing, commercia4 apartments and industrial since 1968, but in the last ten years we have specialized in creative mini-storage facilities. We hope you approve of what we are trying to offer the residents of the north part of Atascadero. Atascadero has only one storage facility in the north part of town which is 4 milesfrom our site. Feasibility across the country tells as that 70°x6 of storage facility renters live within 3 miles and 20% will live between 3 and 5 miles from the storage facility. According to the manager of the storage facility on Trafflc Way, they are always 95%full or better First, our feasibility told us that there is a need at our location on El Camino ReaL Second our feasibility told us that there is next to no wine storage in San Luis Obispo county, next to no business record storage and next to no climate controlled storage. We plan to built a beautiful storage facility that will be as electronically advanced as any other in the state of California. We will have computerized gates and an alarm: on every rental space. One building will have climate control for wine storage with a temperature of 54 degrees. Another two buildings will have climate control with a temperature of 70 degrees,forfine 000083 ATTACHMENT F (CONT. ) CUP 95007/GPA - 95009 art,furniture, clothing and other items that require climate control. Our business record storage will be unique because we deliver and pick up records from professionals and hospitals. A local couple living on sue will provide managerial services We are sorry to say that existing mini-storage facilities are not architectural beauties. We hope our buildings will up-grade the existing image of the storage facilities and that Atascadero will be a pace setter in this type of development I want your board to know that your community development department has been one of the most co-operative, friendly and easiest to get along with, than any city we have worked in. We especially want to commend Doug Davidson our senior planner for his astute and friendly answers. Some of those decisions were for as and some against us. Thunk you very much for a good start to our project Si r y, E. L general pa er EA Construction & Investment 311 Lancaster St Cambria, California 93425 805-927-1823 000084 /��� ATTACHMENT G % CITY OF ATASCADERO SITE PLAN (ELKS) n:7SCAD] COMMUNITY DEVELOPMENT GPA 95009/zc 95011 ������►::' CUP 95007 DEPARTMENT BTAT; M r_ -1 _ �w4Y f0f ►u►ocures •`b I '�_- r�.a w r.ww.►Il. T. n�r�t•►,r o...r.• • Y V I 4M90q I , r • ~ \\ « ~ P►11►NO I r " r �I ♦..✓ w , =I Y •' w I� it w" I „ • M w � "• � �� r Y n C � I• I � • • r I.�w�wr w y • " w � an rmt • r � / • rn rur I r - XMVM'•Nr,lf-- --�� _- Nl•1a•1'•rur EL CAMINO REAL N,_\• ITE PLAN •®� _ "-W-W\Ziy 000085 ATTACHMENT H DEV. STATE . (ELKS) AC/Lw Lodge � P.O.Box 1095,Atascadero,CA 93423 GPA 9 5 0 0 9/Z C 9 5 0 1 1 L/A.7 L(J��� - CUP 9 5 0 0 7 Na 2?33 February 28, 1996 City of Atascadero Department of Community Service 6500 Palma Avenue Atascadero CA 93422 Attention Douglas Davidson, Senior Planner Dear Doug: The purpose of this letter is to give direction regarding the requested zone change to our property on Nath EI Camino Real. We are asking for a zone text change that would allow a Recreational Vehicle Park in the Public Zone. The intent of this request is to allow this as an ancillary use to our proposed Elk's Lodge. However, we would like the flexibility, if we find it financially necessary, of building the RV Park first. This would allow the immediate generation of income that might help the feasibility of the whole project. ' > It is our understanding that our co-applicants have requested an inclusion into the Sewer District. Anticipating that the Council may decide to.place the whole Public Zone within the District, we express the following concerns. If the Council allows our co-applicants to bring sewer to their site, the line will terminate approximately 1000 feet from the Elk's property. Our residential neighbors will unlikely be willing to pay for their frontage cost until required to do so. This may obligate the EIWs Lodge to pay the cost of extending the sewer to our property as well as the cost of our own frontage. If the Sewer District expands to include in the Public Zone, the Atascadero Elk's Lodge will ask the Council for permission to use a septic system. We would anticipate using a septic system until the neighboring properties hook to sewer and bring the line within a reasonable distance. Si cerely, D. Jack S 'nchfield Building Committee Chairman 000086 CITY OF ATASCADERO ENVIRONMENTAL COORDINATOR NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, CA 93422 (805) 461-5035 APPLICANT: CHRIST CHAPEL JERRY LEVITZ ELKS LODGE 42733 PO BOX 817 311 LANCASTER PO BOX 1085 ATASCADERO, CA 93423 CAMBRIA, CA 93428 ATASCADERO, CA 93423 PROJECTTITLE: CONDITIONAL USE PERMIT 95007/GPA 95009/ZC 95011 PROJECT LOCATION: PUBLIC ZONE - 1200- 1800 EL CAMINO REAL PROJECT DESCRIPTION: TO INCLUDE SUBJECT PROPERTY WITHIN THE URBAN SERVICES LINE, CHANGE THE TEXT (CONDITIONAL USES) TO THE PUBLIC ZONE, AND A MINI-STORAGE FACILITY AT 1740 EL CAMINO REAL. FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited.but comulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETER&IINATION: 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: FEBRUARY 27, 1996 Date Adopted: CDD 11-8-4W 00008 Attachment J GPA 95009 RESOLUTION NO. 17-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE LAND USE MAP BY INCLUDING THE PROPERTIES DESIGNATED PUBLIC FROM 1200 TO 1800 EL CAMINO REAL WITHIN THE URBAN SERVICES LINE (GPA #95011: CHRIST CHAPEL/LEVITZ) WHEREAS, the City of Atascadero has grown considerably since incorporation; and WHEREAS, the City's General Plan, which was prepared in the 1970' s, adopted in 1980, and amended in 1992 to guide the City' s general growth is in need of updating; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the subject amendment on March 19, 1996; and WHEREAS, Government Code Section 65356 provides that a General Plan be amended by the adoption of a resolution; and WHEREAS, the Council of the City of Atascadero finds as follows: 1. The proposed General Plan amendment recommended by the Planning Commission is consistent with the goals and policies of the General Plan. 2. The proposed General Plan amendment will not have a significant adverse affect on the environment. The Negative Declaration prepared for the project is adequate. 3. The proposed extension of the Urban Services Line will not overburden the City' s sewer plant or 'collection system and will not adversely affect sewer service to other priority areas, specifically cease and desist locations. THEREFORE, the Council of the City of Atascadero does resolve to approve General Plan Amendment GPA #950011 as follows: 1. Amendment to the General Plan Land Use Element, Land Use Map as shown on the attached "Exhibit A" . 000088 Resolution No. 17-96 Page 2 On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CA GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: STEVE DECAMP, City Planner 000089 ti MEMIL C Is -� S � _vim �� ��' i�-y`.�N — ••'1� ATTACHMENT K ZC 95011 Is ORDINANCE NO. 303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO CREATE A NEW LAND USE DESCRIPTION OF "MINI-STORAGE", DESIGNATE "MINI-STORAGE FACILITIES", "VEHICLE AND EQUIPMENT STORAGE", AND "RECREATIONAL VEHICLE PARKS" AS CONDITIONAL USES IN THE PUBLIC ZONE AND TO REVISE THE SIDE SETBACK REQUIREMENTS OF THE PUBLIC ZONE (Zone Change 95011) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment does not have a potential to result in a significant adverse effect on the environment and the Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on March 19, 1996 and has recommended that the proposed amendment be incorporated into the City Zoning Ordinance. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is consistent with the General Plan, and compatible with the stated purpose of the Zoning Ordinance. 2. The proposal will not result in any significant adverse environmental impacts. Section 2. Ordinance Text. Zoning Ordinance Section 9-3.701 is hereby amended by the addition of a new land use description for "Mini-storage facilities" as shown in Exhibit A and made a part hereof by reference. Zoning Ordinance Section 9-3.502. is hereby amended by the addition of conditional land uses (p) "Mini-storage facilities" , (q) "Vehicle equipment and storage" and (r) "Recreational Vehicle Parks" as shown in Exhibit B attached hereto and made a part hereof by reference. 000091 Ordinance No. 303 Page 2 Zoning Ordinance Section 9-4. 107 (b and c) is hereby amended to add the "P" zone to subsection "b" and delete the "P" zone from subsection "c" as shown in Exhibit C and made a part hereof by reference. 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 Councilperson and seconded by Councilperson , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk 0000`32 EXHIBIT A ORDINANCE 303 It-Ing a_ r-ellin , d a!-1ey!R9 of f„rr,„ t rrnl ER ,� , F �..L, �Z�'e'� e--e , ep rkes-;-mrd-jji-s-aala�.-ed wtee and eab-je-. - Me= az.jEj by pEed�e;= 9E beemoo= k , . ,, Min ncr deve l , ng , a1 s Teres 1 ea= azid nep- mega! ! i r t fii^l S.&urface mines extracting crushed and broker stone, n Scane-ems sand and gravel, orr mineral resources. +See-arse "stere-and -,-,-- $rre s- Mini-storage: Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities. , Mobilehome Developments : Mfftobilehome parks and mobilehome subdivisions. -aj area-ems tract a - nd wheice telae --t_r -• , „� „�� lets leased, ee rented,-Inell�des—CTi *^ d i eaei3q-Q ei 6A"er--1i gh L -... ✓+ e l ✓ . � me y rR #4e %a*lfftlalff l 1 y , in :" he—mebl eY,e _mark Mobilehome Dwelling: A- vehicle without self-propulsion designed and equipped as a dwelling unit to be used with a foundation. Multiple Family Dwellings: Includes a building, or portion of a building, used and/or designed as a residence for two or more families Living independently of each other (includes duplexes, triplexes and apartments) . Offices: Establishments engaged in performing a service in a professional office including. engineering ^�" *" ' an,a ^�' "'_ .r „r., , StiEviees",'—real escGCe-age-r-re-,- -nen c-9fFffRerelall e&aea=teen` , 11 000091} ' EXHIBIT B ADOPTED JUNE 27, 1983 j ORDINANCE 303 �1 �i ' P (Public) Zone N ii ' 9-3. 421. Purpose: This zone is established to provide suitable locations and standard for the maintenance and development of public and quasi-public facilities and services. Jill I• 9. 3. 422. Allowable Uses: The following uses shall be allowed in the Public Zone. The establishment of allowable uses shall be as provided by Section 9-2. 107 (Plot Plans) and Section 9-2. 108 (Precise Plans) (a) Broadcasting studios l (b) Libraries and museums I, O ) Ij (c) Offices (City, County, State or Federal Government or public utilities) (d) Temporary Offices (See Section 9-6.176) (e) Public assembly and entertainment i (f) Schools (See Section 9-6. 125) i, (g) Temporary events (See Section 9-6. 177) II (h) Temporary or seasonal retail sales (See Section 9- 6. 174) -6.174) (i) Outdoor recreation services 1i 9-3. 423. Conditional Uses: The following uses may be allowed in ' the Public Zone. The establishment of conditional uses shall be as provided by Section 9-2. 109 (Conditional Use Permits) : (a) Animal hospitals (See Section 9-6. 110) „ I (b) Caretaker residence (See Section 9-6. 104) I (c) Cemeteries (d) Churches and related activities (See Section 9-6. 121) (e) Collection station (f) Funeral services I 3-55 000095 I EXHIBIT B (CONT . ) ORDINANCE 303 (g) Health care services (h) Membership organizations (i) Residential care ( j ) Schools - business and vocational (See Section 9-6 . 125) (k) Single family residences (1) Skilled nursing facility (See Section 9-6. 134) (m) Social and service organizations (n) Transit stations and terminals (o) Utility service centers (p) Mini storage facilities (q) Vehicle and equipment storage (See Section 9-6. 183) (Where all areas of use are within a building) (r) Recreational Vehicle Park (See Section 9-6. 180) (Only when clearly subordinate and incidental to an allowable use or an approved conditional use. ) 9-3 .424 . Lot Size: There shall be no minimum lot size in the Public Zone, except for parcels intended for single family resi- dential use where the minimum lot size shall be 2 1/2 acres. 000096 EXHIBIT C ORDINANCE 303 4-6 ADOPTED JUNE 27, 1983 ` block are recorded as part of a land division I map, deed restriction, or other enforceable restriction; and (iii) The side setback shall not be eliminated or reduced on the street side of a corner lot; ' and t (iv) Side setbacks opposite the zero setback property line are not less than twice the minimum required by this Section. (b) CN, CP, CR, CS, CT, CPK, IP, and I Zones: No side ADD V ZDN E setbacks are required. Ground floor residential uses are subject to the setback requirements of Subsection (a) of this Section. j s (c) L, LS and P Zones: A minimum 5 foot side setback is I �ELFTCP ZWE required. 9-4. 108. Rear Setbacks: The rear setback is measured at right angles to the rear property line to form a setback line parallel to the rear property line. (a) A, RS, RSF, LSF, and RMF Zones and Permitted Ground Floor Residential Uses in Commercial and Industrial Zones: All residential uses except for second story dwellings over commercial and industrial uses shall have a minimum rear setback of 10 feet, except as follows: (1) Accessory Buildings: A rear setback except for the portion of the rear yard adjacent to the street of a corner lot adjacent to a key lot, may be used for an accessory building no greater than 12 feet i height, provided the accessory building is not used for human habitation or the keeping of animals, and is closer than three feet to a side or rear property line or alley. (b) CN, CP, CR, CS, CT, CPK, IP,` and__I Zones: No rear setback is required in Commercial or Industrial Zones, except as follows: (1) Adjacent to an Alley: The rear setback shall be a minimum of a five feet, except where the alley provides vehicular access to the interior of the 00009'7 ATTACHMENT L - Findings for Approval Conditional Use Permit 95007 1740 El Camino Real (Christ Chapel/Levitz) March 19, 1996 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact 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 as amended. 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. 000098 ATTACHMENT M - Conditions of Approval Conditional Use Permit 95007 1740 E1 Camino Real (Christ Ch.apel\Levitz) March 19, 1996 CONDITIONS OF APPROVAL: Planning Division Conditions 1. All development of the site shall be in conformance with the plans as contained in the Attachments, all conditions of approval contained herein, and all applicable provisions of the Atascadero Municipal Code. Any substantial modification of the project shall require approval of the Planning Commission. 2. The entire project shall be subject to all ordinary requirements of the City Building Division that are necessary to secure and final building permits. This includes a separate review and permit issuance for signs. Any additional information deemed necessary for the review and approval of building permits shall be provided. 3. A six foot masonry wall shall be constructed along the property freeway frontage and six foot fencing (or wall) on the side property lines. Fencing along the sides of the property shall be contain masonry pilasters at consistent intervals with solid wood "infill", or some similar form of screening as determined by Planning staff to maintain architectural consistency. All exterior walls/fences and walls within the project (retaining walls, trash/transformer/recycling bin enclosures) shall be architecturally compatible with the buildings. 4. Landscape plans shall be reviewed and approved prior to issuance of building permits. These plans shall emphasize freeway frontage landscaping (with approval from Caltrans if necessary) and provide for a three (3) foot high landscaped berm in the front where parking is directed toward the street. 5. Plans submitted for building permits shall include all proposed utilities. Exterior lighting shall comply with Zoning Ordinance Section 9-4. 137 to ensure that site lighting does not adversely affect surrounding properties. 6. No outdoor storage is permitted on the site. 7. The caretakers residence (manager' s apartment) is approved subject to Zoning Ordinance Section 9-6. 104. 000099 8. 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. Fire Department Conditions 9. One fire hydrant is required to be installed prior to the beginning of any combustible construction. The proposed hydrant location to the rear of the site (HWY 101 frontage) is appropriate - exact location and type to be approved by the Fire Marshal. 10. New construction shall meet all requirements of the Uniform Building Code for property line construction, including, but not limited to, one hour rated walls adjacent to property lines, specifically buildings #s 1,2,3,9, 10, and 11. Engineering Division Conditions 11. The applicant shall construct all improvements in conformance with the City of Atasca deco Engineering g Department Standard Specifications and Drawings or as directed by the City Engineer. 12. The applicant shall enter into a Plan Check/Inspection Agreement with the City. 13. The applicant shall obtain an encroachment permit from the City Engineering Department prior to the issuance of building permits. 14. The applicant shall secure all improvements within the right-of-way 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 by the applicant 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 applicant and approved by the City Engineer. The estimate 000100 shall be based on City standard unit prices. The Guarantees posted for this project shall be approved by the City Attorney. 15. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 16. The applicant shall overlay any utility trenching in existing streets which is a result of construction of the project in order to restore a smooth riding surface as required by the City Engineer. 17. The applicant shall construct all drainage facilities in conformance with Section 5 of the City of Atascadero Engineering Department Standard Specifications. Storm water run-off which emanates from the project site shall be detained in conformance with City Standard 5.06.G . 18. The applicant shall submit verification that the drainage system proposed for the project which discharges into the Caltrans right-of-way has been reviewed and approved by Caltrans prior to issuance of building permits. 19. The applicant shall submit a recorded copy of the 20 foot wide private drainage easement required to construct the detention basin outlet structure prior to issuance of building permits. 20. The applicant shall submit a grading and drainage plan, prepared by a registered civil engineer, for review and approval by the City Engineer prior to the issuance of building permits. The applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) prior to the final inspection. 21. The applicant shall submit sedimentation and erosion control plan addressing interim erosion control measures to be used during construction for review and approval by the City Engineer should construction occur between October 15 and April 15. 22. The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the City Engineer prior to issuance of building permits. Road improvements 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: 3 000101 a. The applicant shall improve El Camino Real from the centerline to the property frontage in conformance with City Standard 407 ' (Arterial) contiguous to the entire property frontage, or as approved by the City Engineer. The improvements shall exclude construction of the raised median. Transitions shall be constructed where required to achieve a smooth join with existing improvements. 23. The applicant shall submit a Mylar copy and a blue line print of the as-built improvement plans, signed by the registered engineer who prepared the plans, to the City Engineer prior to the final inspection. 24. The applicant shall complete all public improvement work prior to the final inspection. 25. The applicant shall pay all sewer annexation fees to the issuance of building permits. 26. The applicant shall pay all outstanding plan check/inspection fees prior to the final inspection. 27. Sewer extension plans shall be reviewed and approved by the Chief of Wastewater Operations and the City Engineer prior to issuance of building permits. 4 000102 MINUTE EXCERPTS Planning Commission Meeting -- March 19, 1996 SUBJECT: B. HEARINGS, APPEARANCES, AND REPORTS 3 . GENERAL PLAN AMENDMENT 95009/ZONE CHANGE 95011/CONDITIONAL USE PERMIT 95007: Application by Christ Chapel and Jerry Levitz to include the Public Zone on north E1 Camino Real within the Urban Services Line (USL) , change the Public Zoning Ordinance Text to conditionally allow "mini-storage facilities" , "Recreational Vehicle Parks" , and "Vehicle and equipment storage" land uses, and to review a proposed mini-storage facility at 1740 E1 Camino Real. Subject site is located at 1200 through 1800 El Camino Real. STAFF RECOMMENDATION: (Davidson) Staff recommends the Commission should make the following recommendations to the City Council: 1 . Find the Negative Declaration (Attachment I) prepared for the project adequate under the provisions of the California Environmental Quality Act; and, 2 . Approve Resolution #17-96, including the subject property within the USL (Attachment J) ; and, 3. Approve Ordinance #303, adding Mini-storage facilities, "Vehicle and equipment storage, " and "Recreational Vehicle Parks" to the list of conditionally allowed uses in the Public (P) zone and revise the required side setbacks in the P zone as contained in Attachment K. 4 . Approve Conditional Use Permit #95007 subject to the Findings in Attachment L and the Conditions of Approval in Attachment M. TESTIMONY: Jerry Levitz, 311 Lancaster, Cambria, the representative for Christ Chapel and contractor for the project, agreed with the staff report. He explained how the construction would proceed and that auctions are very incidental to the project. The auctions are handled by sealed bid, so they would not create any parking problems . Richard Shannon, 5070 San Benito Road, real estate agent representing Christ Chapel and an Elk' s Lodge member, provided a historical perspective on the marketing efforts on this property. Extensive efforts were made to find a suitable use for this property. The mini- storage use was found to be the best, but there was a ground water (Page 7 of 11) 000103 Planning Commission Meeting -- March 19, 1996 problem on this property.' The sewer hookup is the only way around this problem. He also supported the Elk' s project. Jack Stinchfield, 2954 Barley Grain Road, Paso Robles, Chairman of the Elk' s Club Building Committee, and co=applicant. They would like to build a nice Elk' s Club on the site located on E1 Camino Real. He agrees with the staff recommendations. The Elk' s project must initially use a septic system, because they cannot afford the costs of sewer line hookup. He explained how the Elk' s R.V. operations typically operate. Mr. Stinchfield answered questions from the Commission. The Elks want to be allowed to operate the RV-Park prior to the construction of the principal use (Elks Lodge) on their property. 2 John Falkenstein, Cannon Associates, representative of Mr. Levitz, explained why sewer is important to Mr. Levitz. He explained how the sewer operates in this area. Rush Kolmein, P. O. Box 1990 is not a member of the Elks, but has observed other operations. He feels benefits would be received by the City when this operation would bring people to the area who would patronize other businesses in the community. He took exception to the discussion that this must be an ancillary use to the construction of the lodge. He feels it is hair splitting to say one must precede the other. He lives within 3,000 feet of this property and supports the project. Steve Alvarez, 1565 E1 Camino Real, across E1 Camino Real from the Elk' s project, expressed that Del Rio North on the East side is being overlooked by the City. He feels the area should be looked at as a whole, not just one side of the road. Toby Powers, 309 Las Tablas Road, Templeton, who is the Exalted Ruler of the Elks, explained that there would be volunteer labor to build this project. These volunteers may be staying on the property temporarily while they are working on the project. ACTION: Recommend that the City Council find the Negative Declaration (Attachment I) prepared for the project adequate under the provisions of the California Environmental Quality Act. Motion: Wallace Second: Zimmerman AYES: Wallace, Zimmerman, Bowen, Hageman, Edwards NOES: Johnson ABSENT: Sauter Motion Passed: 5-1 (Page 8 of 11 ) 000101= Planning Commission Meeting -- March 19, 1996 ACTION: Recommend that the City Council approve Ordinance #303 , adding "Mini-storage facilities, " "Vehicle and equipment storage, " and "Recreational Vehicle Parks" to the list of conditionally allowed uses in the Public (P) zone and revise the required side setbacks in the P zone as contained in Attachment K. Motion: Zimmerman Second: Johnson AYES : Zimmerman, Johnson, Wallace, Bowen, Hageman, Edwards NOES : None ABSENT: Sauter Motion Passed: 6-0 ACTION: Recommend that the City Council approve Resolution #17-96, including the subject property within the USL (Attachment _ J) . Motion: Wallace Second: Bowen AYES : Wallace, Bowen, Hageman, Zimmerman, Edwards NOES : Johnson ABSENT: Sauter Motion Passed: 5-1 ACTION: Recommend that the City Council approve Conditional Use Permit #95007 subject to the Findings in Attachment L and the revised Conditions of Approval in Attachment M. Motion: Wallace Second: Bowen AYES : Wallace, Bowen, Hageman, Zimmerman, Edwards NOES : Johnson ABSENT: Sauter Motion Passed: 5-1 (Page 9 of 11) qj,ju1U1) i REPORT TO CITY COUNCIL Agenda Item: B-3 CITY OF ATASCADERO Date: 4/9 96 Through: Andy Takata, City Manager From: Michael P. ,McCain, Fire Chief SUBJECT: Ordinance #304 revision to the city's weed a atement policy. RECOMMENDATIONS: Staff recommends the approval o the revised weed abatement policy. BACKGROUND: In the latter part of 1995, Council directed staffto revise the City's Current weed abatement ordinance (No. 61) for the following reason : A. To clarify the ordinance to ensure that weeds and re se in and around City drainage ditches, culverts, and/or pipes used as a means of public drainage or drainage control, were included for abatement. B. To clarify the ordinance to ensure that the fee chargel for the removal of weeds and refuse can be charged to the tax rolls a any time throughout the year. C. Revise the annual weed abatement notice to a more positive tone. DISCUSSION: Because of the flooding in certain parts of the City, it was f It that the City's weed abatement program could be utilized to assist in the cleaning of the drainage systems. To accomplish this, staff made the necessary changes to the existing ordinance, which includes clearly defining the maintenance of drainage systems along with the ability to enforce the or&iance year round by charging work performed fees to owners of private properties who do not comply. - Additionally, the annual weed abatement notice was reworded to reflect a more positive tone to the reader. Fire department and legal staff feel that the recommen ed changes will assist the City in our weed and flood prevention programs. FINANCIAL IMPACT: No significant impact to existing weed abatement budget. 000106 ENCLOSURES: Revised weed abatement ordinance Revised weed abatement notice I, 00010'7 a �i"FFsf1r 81 CITY OF ATASCADERO 1918 Or" 1;7-9 FIRE DEPARTMENT Dear= oad Property Owner; Thin in }n rom+ri.-t Yn,1a !+�JY ems^ �rrunded that weed abatement season is a upon us. Please disregard this notice if you meet ;the guidelines provided on the opposite side of this page. "�'�A.re-pude aaM extra effort has been made to send t11 notice only to property owners that may have weed ordinance violations. The following WigI 3i is required by law to-gimes t4e ab; � o abate ». weeds in an effort to make your neighborhood safer in the event e. Thank you for your assistance in making this a safe cityar fire season. PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION NOTICE TO DESTROY WEEDS Reference is made to tax parcel number indicated on mailing label. City Government Code, Chapter 13, Section 39566. Notice is hereby given that on the_day of April, 1996, the City Council of the City of Atascadero passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street, in Atascadero, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise they will be removed and the nuisance abated by the city and the cost of removal assessed upon the land from or in front of which the weeds, rubbish,refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city clerk. All property owners having any objections to the proposed removal of the weeds, rubbish, refuse;and dirt are hereby notified to attend a meeting of the City Council of the City of Atascadero to be held May 1996,when their objections will be heard and given due consideration. Dated: This_day of April, 1996. /s/MICHAEL P. McCAIN Fire Chief City of Atascadero, California 6005 LEWIS AVENUE ATASCADERO,CA 93422 (805)461-5070 e FAX(805) Ar— 708 The Deadline for weed abatement is June 5, 1996. Inspections were made in early April and at that time your parcel was identified as requiring abatement. If your parcel has been abated since our inspection and meets our requirements, disregard this notice. Parcels which are not in compliance by June 5, 1996 will be abated by City Contractors. Contractor's fees, as well as applicable city and county fees/fines, will be added to your tax bill. If you have weeds past this date they will be cut by the City unless you have them cut prior to our contractors unscheduled arrival. The Fire Chief has established the following requirements. Cutting of weeds shall be to a height of 4 inches or less. Parcels smaller than 3 acres. Parcels smaller than three acres shall be completely mowed. Where terrain, rocks, etc., make it impractical to mow completely, the minimum requirements will be; 50' roadside clearance starting from the edge of the improved roadway, 50' perimeter cuts. and firebreaks (cross cuts),. 100' clearance around structures, and 10' driveway cuts on each side. Parcels larger than or equal to 3 acres. Parcels 3 acres or larger shall have an effort made to mow as much as possible, the minimum requirements will be; 50' roadside clearance starting from the edge of the improved roadway, 50' perimeter cuts,and firebreaks (cross cuts), 100' clearance around . structures, and 10' driveway cuts on each side. Animal pastures and agricultural fields growing hay or grains. Fenced pasture with livestock significantly reducing the weeds on them are exempt. Agricultural fields must be cut at harvest time. Uncut hay and grain is subject to abatement. .n Questions regarding weed abatement may be directed to the City Weed Abatement Officer by leaving a recorded message at (805) 466-0770, or by writing to: AFD Abatement Officer, 6005 Lewis Ave., Atascadero, CA 93422. Please retain this-notice for any related communications. Your parcel number is on the mailing label. 000109 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 13 TO TITLE 6 OF THE ATASCADERO MUNICIPAL CODE RELATING TO THE REMOVAL OF WEEDS, RUBBISH, AND SIMILAR MATERIALS The Council of the City ofAtascadero ordains as follows: Section 1. Chapter 13 of Title 6 is added to the Atascadero Municipal Code to read as follows: 6-13.01. Chapter 13. Removal of Weeds, Rubbish, and Similar Materials. Whenever the Fire Chief or his authorized representatives shall find weeds, rubbish, N", or similar material upon any property, lands, or lots in the City, which in his opinion is or may become a fire hazard "'' ' '' he shall cause to be given to the owner of said property a notice to remove suc wee s, rubbish, , or other material which may constitute a �e hazard in the manner hereinafter prove ed in this part. 6-13.02. Definitions The following words and phrases, when used in this part, shall be defined as follows unless otherwise indicated: (a) "Council" shall mean the City Council of the City. (b) shall mean waste matter, s" av ST, litter,trash, r as@ debris, rubbis , irt, grass, ea trees, tin cans, paper, waste material of every kind, or other unsanitary substance, object, or condition which is, or when dry may become, a fire hazard, or which is or may become a menace to health, safety, or welfare, or which is offensive to the senses. (c) "City" shall mean the City of Atascadero. (d) "Fire Chief' shall mean the Fire Chief his authorized representative ° (e) "Property" sha1T`mean ancf enc°ude lands, an&er- lots, (f) "Street" includes public streets, alleys, parkways, sidewalks, and areas between sidewalks and curbs. (g) "Weeds" shall mean any of the following: (1) Weeds which,when mature, bear seeds of a downy or wingy nature; (2) Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to 0 adjacent improved property; 1 000110 (3) Weeds which are otherwise noxious or dangerous; (4) Poison oak and poison ivy of which the conditions are such as to constitute a menace to public health; and (5) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard. 6-13.03. Weeds and Debris a Public Nuisance The City Council may declare, by resolution in accordance with Sections 39561- 39565 of the Government Code, that all weeds ' that are, or may become, a fie hazard upon or in front of private property to a center line of adjoining streets in the City, are public nuisances. Also, it shall be unlawful for any property owner in the City to cause or permit any ,combustible, debris,or similar material to be or remain on any real property in the city or on portions of streets adjoining such real property to the center line of such streets. It shall be the duty of every such person to remove and destroy such weeds and/or debris. Pest ,,.,+;,,„ by 1,,,,.„;„„,-444„ 4e C-45, shall be the. r.a,+o., 6-13.04 Notice to Destroy or Remove Weeds and Debris In the event the person or persons owning, occupying, renting, managing, or controlling any real property in the City shall fail to remove therefrom and from the portions of streets adjoining such property all weeds and del4isin accordance with the provisions of this part, it shall be the duty of the Fire givelf or his authorized representatives to notify such person or persons to remove the same. Rugh netiee to he -- �l : ». »,.j posted— vrvnir rrvxx� c�r-irnivrrcrn-iiiiis aiw A*iQ when objeetiens m411 be heard, NCity Council may direct the City Clerk, in accordance with Section 39567.1 of the overnment Code, to mail written notice of the proposed abatement to all persons owning property described in the resolution. The City Clerk shall cause such written notice to be mailed to each person_to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City Council. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Such notice shall be mailed at least fourteen (14) days prior to the time fixed for hearing objections by the City Council. 2 000111 6-13.05 Form of Notice The Notice shall be substantially in the following form: NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT Notice is hereby given on the day of 19 , the City Council passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street, in the City of Atascadero, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise they will be removed and the nuisance abated by the City and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the City Clerk. All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the City Council of the City of Atascadero to be held when their objections will be heard and given due consideration. Dated this day of 19 Fire Chief City of Atascadero 6-13.06. Hearin of f Objections. At the time stated in the notices, the council shall hear and consider all objections to the proposed removal of weeds,rubbish, refuse,debris, and similar materials. At the conclusion of the hearing, the Council shall allow or overrule any objections. At that time, the City acquires jurisdiction to proceed and perform the work of abatement. The decision of the Council is final. 6-13.07. Order to Abate Nuisance If objections have not been made or after the Council has disposed of those made, it shall order the Fire Chief to abate the nuisance. 6-13.08. Destruction and Removal of Weeds and Debris a by City' In the event the person or persons owning, occupying, renting, managing, or controlling real property Yin the City shall fail to remove or destroy weeds and debris r in accordance with provisions of this ordinance within ten (10) calendar days after the Bearing of objections an order to abate nuisance, it shall be the duty of the Fire Chief and his deputies, assistants, employees, contracting agent, or other representatives to destroy or remove such weeds and debris s and they, and each of them, are hereby expressly authorized to enter upon private property for such purpose, and it shall be 3 000112 unlawful for any person to interfere, hinder, or refuse to allow them to enter upon private property for such purpose and to destroy or remove weeds and debris Te-f§T- fu"§b in accordance with the provisions of this part. Any person owning, occupying, renting, managing, leasing, or controlling real property in the City shall have the right to destroy or remove weeds and debris r d, or have the same destroyed or removed at his own expense, at any time prior to the amval of the Fire Chief his authorized representatives for such purpose. 6-13.09. Account and Report of Cost of Abatement The Fire Chief shall keep an account of the cost of abatement off fb ^r it 4 en* of each separate lot or parcel of land. He shall submit such itemized written report, showing such cost, to the Council for confirmation. Such report shall refer to each separate lot or parcel of land by description sufficiently reasonable to identify the same, together with the expense proposed to be assessed against it, which shall include charges sufficient to meed the administrative costs of the program. 6-13.10 Notice of Report and Hearing The City Clerk shall post a copy of such report and assessment list on or near the door of the Council meeting room,together with the notice of the filing thereof and of the time and place when and where it will be submitted to the Council for hearing and confirmation. The posting shall be for at least five (5) calendar days prior to the submission of the Council. 6-13.11* Hearin of f Report; Modification; Confirmation of Report At the time and place fixed for receiving and considering the report, the Council shall hear the same, together with any protests or objections of the property owners liable to be assessed for the abatement. Upon the conclusion of such hearing, the Council shall then confirm the report by motion and the amount thereof shall constitute a lien on the property assessed until paid. The confirmation of the assessment by the Council shall be final and conclusive. 6-13.12. Report to Assessor and Tax Collector; Filing Copy of Report with County Auditor A certified copy of the report shall be filed with the County Auditor on or before August 10th of each year for entry of such assessments on the County tax roll. In the event the report cannot be prepared in time for the County Auditor to enter the assessment on the next immediate tax roll, the certified copy may be filed with the County Auditor f#f before August 10th of the succeeding year. 6-13.13 Collection of Assessment; Penalties and Procedures for Foreclosure The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. Section 2. 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 this City in accordance with Section 36933 of the Government Code; shall certify the adoption of this ordinance; and shall cause this ordinance and certification to b entered in the Book of Ordinances of this City. 4 00011.3 Ordinance No. Section 3. 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 role call vote: the foregoing Ordinance is approved by the following AYES: NOES: ABSENT: DATE ADOPTED: GEORGE P. HIGHLAND, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: MICHAEL P. McCAIN, Fire Chief 5 �UU11} REPORT TO CITY COUNCIL Meeting ate: 009196 CITY OF ATASCADERO Agenda tem; Al i Through: AndyTakata, City Manager From: Brad Whitty, Finance DirectQr� I SUBJECT: Solid Waste Collection Franchise Agreement RECOMMENDATION: Staff recommends City Council consic er adoption of Resolution 13-96, authorizing execution of new franchise agreement with Atascadero Waste Alte tives, Inc., the successor in interest to Wil-Mar Disposal Cc mpany, Inc. BACKGROUND: Wil-Mar has been operating under the current solid waste agreement si ce October 1991. The only change since that time was three year extension filed by Wil ar and passed by council with Resolution 19-95. The franchisee approached the City to discuss changes to the agreement in 'December 1995. The discussion section that follows will highlight the major changes that are proposed in the agreement. DISCUSSION: The first change will be a new franchisee named Atascadero Waste., Alternatives, Inc., which is the successor in interest to Wil-Mar Disposal Company, Inc.. ection 3 Extension of Term , allows the agreement to automatically extend by one year unless either party notifies the other at least three months in advance. The term of the new agreement is for seven years beginning May 1, 1996 and ending May 1, 2003. The Icurrentagreement terminates October 1, 2001 Section 6 of the franchise agreement is changed as follows. The mont ly service rate shall be charged over a four (4) week cycle and billed every eight (8) weeks for residential service and every four weeks for commercial. This will create ne additional bill measurement period for a total of 13 versus a current 12.. 004115 Solid Waste Franchise Agreement,continued Section 6 also calls for the billing rates to be adjusted annually on May 1" based on the Consumer Price Index for the Los Angeles-Riverside-Anaheim area for All Urban Consumers measured from October to October of any given year. Currently, the rates will be adjusted by 1.2% for the CPI with adoption of this agreement. The CPI adjustment is capped at 5%annually. Current and proposed rates are attached as Exhibit D. The new rates include an 8.3% increase to cover the company's increased operating costs. Staff has provided an analysis of the increased costs as well as a schedule of what the costs will be for the customer over a year. (Exhibits E and F) The total increase amounts to 9.59%. The tipping fee remains separate from the rate base for purposes of calculating the tipping fees portion of the charges. Additional language has been added to cover tipping fee adjustments when the flees are measured by weight rather than volume. The fee adjustment when measured by volume remains the same. Section 12 of the agreement adds language that assignment of an obligation to a corporate entity in which the Franchisee holds ,a majority interest shall not be considered an assignment requiring the consent of council. However, a transfer of 25% or more of corporate share shall be considered an assignment requiring consent of the City Council- Sections Sections 13 and 14 in the agreement are new sections. Section 13 discusses the City's ag S and Franchisee's ,rights to determine direction to the appropriate landfill. Section 14 provides the franchisee the right to an extraordinary review of rates if circumstances arise that would cause economic hardship on the franchisee that is beyond the franchisee's control. FISCAL IMPACT: The new franchise agreement has the potential to provide additional franchise fees to the City through the addition of one additional measurement cycle and by annually adjusting rates to the CPL Enc. Exhibit A-Solid Waste franchise Agreement dated October 8, 1991. Exhibit,B Proposed Solid Waste Agreement Exhibit C-Consumer Price Index-October 1995 Exhibit D Atascadero Waste Alternatives Rate Schedule Exhibit E -Calculation of Costs Exhibit F-Summary of Charges 000116 RESOLUTION NO. 13-96 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE SOLID WASTE FRANCHISE AGREEMENT WITH ATASCADERO WASTE ALTERNATIVES, INC. WHEREAS, Chapter 6-4.13 of the City Code requires any person or firm operating a solid waste collection service within the City to execute a Franchise Agreement with the City; and WHEREAS, it is in the public interest that an agreement be executed to assure solid waste collection service with the City; and WHEREAS, the Atascadero Waste Alternatives, Inc., the successor in interest to Wil-Mar Disposal Company, Inc. has developed a new solid waste franchise agreement; WHEREAS, the City Council has been presented copies of the new franchise agreement and staff report discussing said agreement; WHEREAS, Atascadero Waste Alternatives, Inc., has requested an 9.59% increase in fees to cover ongoing cost of operations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero as follows: 1. The mayor and City Manager are hereby authorized and directed to execute the Solid Waste Collection Franchise Agreement, attached hereto. 2. The City Manager is hereby authorized to administer said agreement on behalf of the City. 3. New rates shall be established as shown in Exhibit 13.ekhe-steff-Feport. 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: OOOIL17 Resolution 13-96, continued ATTEST: CITY OF ATASCADERO By: LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attomey 000118 f3_9� Atascadero Waste Alternatives, Inc Service Rates For The City Of Atascadero Residential Commercial Annual Average Approved Proposed Proposed Billing Annual Rate Rate * Rate ** At Billing Average Average Current 3/1/94 To Be To Be Current At Annual Annual Customer Billed Billed Every Billed Every Approved Proposed Dollar % Count Monthly Eight Weeks Four Weeks Rate Rate *** Increase Increase Type Of Service: Residential.- 32 Gal Service 3,953 $ 9.75 19.70 117.00 128.05 11.05 9.4% 60 Gal Service 582 18.75 38.00 225.00 247.00 22.00 9.8% 90 Gal Service 1,683 24.85 50.30 298.20 326.95 28.75 9.6% EcoloBag (average) n\a 3.45 3.50 n\a n\a n\a n\a Commercial: 1.0 Yd - 1 p/u per wk 155 50.80 51.00 609.60 663.00 53.40 8.8% 1.0 Yd - 2 p/u per wk 9 93.55 95.00 1,122.60 1,235.00 112.40 10.0% 1.5 Yd - 1 p/u per wk 90 59.35 60.00 712.20 780.00 67.80 9.5% 1.5 Yd - 2 p/u per wk 9 110.40 112.00 1,324.80 1,456.00 131.20 9.9% 1.5 Yd - 3 p/u per wk 2 161.45 163.00 1,937.40 2,119.00 181.60 9.4% 2.0 Yd - 1 p/u per wk 122 67.75 69.00 813.00 897.00 84.00 10.3% 2.0 Yd -2 p/u per wk 27 127.25 129.00 1,527.00 1,677.00 150.00 9.8% 2.0 Yd - 3 p/u per wk 5 186.85 189.00 2,242.20 2,457.00 214.80 9.6% 2.0 Yd - 4 p/u per wk 246.35 249.00 2,956.20 3,237.00 280.80 9.5% 3.0 Yd - 1 p/u per wk 50 84.40 85.00 1,012.80 1,105.00 92.20 9.1% 0 Yd - 2 p/u per wk 26 160.75 163.00 1,929.00 2,119.00 190.00 9.8% Yd - 3 p/u per wk 10 237.00 240.00 2,844.00 3,120.00 276.00 9.7% Yd - 5 p/u per wk 389.50 394.00 4,674.00 5,122.00 448.00 9.6% 3.0 Yd -6 p/u per wk 465.90 472.00 5,590.80 6,136.00 545.20 9.8% 4.0 Yd - 1 p/u per wk 32 101.35 103.00 1,216.20 1,339.00 122.80 10.1% 4.0 Yd -2 p/u per wk 25 195.80 198.00 2,349.60 2,574.00 224.40 9.6% 4.0 Yd - 3 p/u per wk 14 287.70 291.00 3,452.40 3,783.00 330.60 9.6% 4.0 Yd -4 p/u per wk 6 380.90 386.00 4,570.80 5,018.00 447.20 9.8% 4.0 Yd - 5 p/u per wk 2 474.10 480.00 5,689.20 6,240.00 550.80 9.7% 4.0 Yd -6 p/u per wk 1 567.25 574.00 6,807.00 7,462.00 655.00 9.6% 6.0 Yd - 1 p/u per wk 1 130.05 132.00 1,560.60 1,716.00 155.40 10.0% 6.0 Yd - 2 p/u per wk 2 252.15 255.00 3,025.80 3,315.00 289.20 9.6% 6.0 Yd - 3 p/u per wk 1 374.25 379.00 4,491.00 4,927.00 436.00 9.7% * Increased rate rounded to the nearest $.05, EcoloBag rate is per bag *" Increased rate is rounded to the nearest $1.00 **'Residential customers will be billed an average of 6.5 time per year and commercial customers will be billed 13.0 times 0 Prepared Without Audit Table of Contents P_ apZe 1 . Scope of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 . Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 . Extension of Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 . Termination of .agreement . . . . . . . . . . . . . . . . . . . . . . . 2 5 . Franchise Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 S . Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 . Filing-of Statement . Audits ._ 5 8 . Compliance with Applicable Law. . . . . . . . . . . . . . . . . 5 9 . Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o 10 . .administration of Contract . . . . . . . . . . . . . . . . . . . . . 6 (a) Responsible City Officer . . . . . . . . . . . . . . . . . . . 6 (b) Responsible Franchisee Employee . . . . . . . . . . . . 6 ( c) Interpretations . Orders . . . . . . . . . . . . . . . . . . . . 7 11 . Recvciinz Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 . Assixnment . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 . Exclusivity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 . Temporary Default by Franchisee. Costs ._ Liquidated Damaxes . Termination. . . . . . . . . . . . . . . 8 (a) Temporary Default . . . . . . . . . . . . . . . . . . . . . . . . . 8 (b) Liquidated Damages . . . . . . . . . . . . . . . . . . . . . . . . 9 (c) Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15 . City Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16 . City-Wide Special Events . . . . . . . . . . . . . . . . . . . . . . . 10 17 . Franchisee Employees . Conduct . . . . . . . . . . . . . . . . . 11 18 . Local Offices and Telephone Service. . . . . . . . . . . . 11 i 000120 19 . Conduct of Services . 11 20 . Complaint Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21 . Status of Franchisee. 12 22 . Insurance Coveraire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 . Performance Bond. . . . . . 14 24 . Indemnity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 25 . Replacement Vehicles . 15 26 . Vehicle Inven_t_orv. . . . . . 15 27 . Status of Solid Waste and Curbside Rec.vclables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 28 . Attorney ' s Fees . . . . . . 16 29 . Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 30 . Debts to City. Interest . Collection. . . . . . . . . . 16 31 . Annexation of Territory. 17 32 . Law to Govern. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 33 . Bindinir Effect on AZreement . . . . . . . . . . . . . . . . . . . . 17 34 . Location of New- Facility. . . . . . . . 17 35 . Entirety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 36 . Novation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 37 . Survivability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 38 . Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Exhibit A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ii 000121 SOLID WASTE COLLECTION FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT, made and entered into this 8th day of October , 1991 , by and between the CITY OF ATASCADERO, a political subdivision of the State of California, hereinafter called "City" , and WIL-MAR DISPOSAL COMPANY, INC. , a California corporation, hereinafter called "Franchisee Witnesseth For and in consideration of the payments to be made by Franchisee to City, and in further consideration of the full and faithful performance by Franchisee of all terms, covenants , and conditions of this Agreement , as well as complete compliance with the laws of the State of California and all pertinent present and future ordinances and resolutions of the City; It is mutually agreed as follows: 1 . Scope of Work. Franchisee shall provide all labor , materials , tools , and equipment necessary to perform all Work required to collect and haul all solid waste and curbside recyclables from locations within City in accordance with this Agreement . 2 . Term. The term of this Agreement shall be for a period of seven (7) years from October 1 , 1991 . 3 . Extension of Term. If Franchisee has faithfully performed under the terms and conditions of this Agreement for any period of three (3) years , Franchisee may request the City Council to extend the term of this agreement for an additional three (3 ) 1 000122 f years . The granting of an extension shall be discretionary with the City. In no event shall any extended term exceed seven ( 7 ) years . 4 . Termination of Agreement . Notwithstanding any other provision of this Agreement to the contrary, this Agreement may be terminated in any of the following ways: (a) Pursuant to specific provisions of this Agreement providing for such termination; and/or (b) Upon mutual written agreement of the parties hereto ; ( c) By operation of law; and/or (d) As a result of a material breach of this Agreement by either party. 5 . Franchise Fee. During the term of this Agreement , Franchisee shall pay to City a sum equal to five percent ( 51'e) of Franchisee ' s gross receipts derived from its franchised solid waste collection operations conducted within the City pursuant to this Agreement . For the purpose of this Agreement , "Gross Receipts" shall mean any and all forms of compensation and funds , including but not limited to cash, check or credit card, actually received by Franchisee from any person arising out of the Franchisee' s franchised operations conducted within the City pursuant to this Agreement . The Franchise Fee shall be paid to City by Franchisee monthly on the fifteenth ( 15th) calendar day of each month during the term hereof . 6 . Charges . Franchisee shall be permitted to make such charges for its Services as are approved by the City Council in the 0 2 000123 time and manner set forth in Chapter 6 , §4. 1=1 of the Code. No charge shall be made by the Franchisee except in complete compliance with the charges as approved by the City Council except those charges allowed pursuant to Subsection (a) through ( i ) of this Section 6 . (a) For each $1 .00/yard increase in the Landfill tipping fee, monthly residential and commercial refuse collection rates shall be increased according to the following formula: annual vard/prior 1Z months % of FRANCHISEE' s revenue for each annual revenue/prior 12 months - S1 .00/yard tipping fee increase approved tipping fee _ % increase current _ amount of increase increase/yard multiplier x rate to be added to monthly rate Residential rates shall be rounded to the nearest S - 05 and shall exclude the curbside recycling portion of refuse collection rate in applying the above formula; however , said surcharge shall be added to the rate determined by applying the formula. Commercial rates shall be rounded to the nearest 51 . 00 or such other amount as may be mutually agreed upon by the City and Franchisee. (An example of the determination of rates according to this formula is provided in subparagraph 9 below. ) (b) Refuse collection rate increases of less than 51 . 00/month shall be pro-rated accordingly, provided, however , that said pro-ration shall be in minimum increments of S . ZS/month. Increments of less than S .25/month shall be accumulative. (c) Said . increases in residential and commercial refuse collection rates shall be effective on the first 000124 3 billing cycle following the effective date of the increase in the tipping in fees at the Landfill serving Franchisee . Residential accounts are billed on a monthly basis . Commercial accounts are billed on a monthly basis . (d) City reserves the right to review the basis for said tipping fee increases approved by the Board of Supervisors . (e) Franchisee shall provide to City a copy of the Landfill ' s request for an increase in the tipping fees no later than 5 days following receipt of said request to the County of San Luis Obispo. ( f) Franchisee shall notify City of action taken by the Board of Supervisors regarding said request within 5 days following said action. (g) Franchisee shall provide notice as soon as possible to its residential and commercial customers of said increases prior to the effective date of said increases . (h) The updated rate schedule shall be submitted to the City Council as an information item. ( i ) EXAMPLE: 67 . 380(Annual Yards) 3 . 6% (Percentage x $1 .50 1 , 870 , 496(Annual Revenue) - of Contractor revenue per 51 .00/yard tipping fee .054 (' increase S6.50 (present rate _ 5.35 (amount multiplier) x residential collec- - rounded to tion for 1 can) nearest $ -05 ) NEW RATE = 56 . 50 t 5 .35 t (Recycling & _ Greenwaste) 000125 7 . Filing of Statements . audits . Franchisee shall , on or before the f if to enth 15th) day of each calendar month occurring during the term hereof, file with the Director of Finance of the City a verified Statement of Gross Receipts ( "Statement" ) actually received by Franchisee during the immediate preceding calendar month. Each such Statement shall be verified on behalf of Franchisee by a person designated for such purpose by the Franchisee. The City shall have the right to inspect, review, and audit , at any reasonable time, upon not less than twenty-four (24) hours written notice to Franchisee, any and all of the Franchisee' s books or records to determine the accuracy of the contents of any Statement . The City shall also have the right to order an audit , conducted by a qualified independent auditor selected by City, of the Franchisee ' s books and records to determine the accuracy of the Statements filed with the City. If any City ordered audit discloses an understated amount of Gross Receipts on any Statement , equaling three percent (3%) or more during any reporting period, the cost of the audit shall be borne exclusively by the Franchisee; in all other cases such audit costs shall be borne by the City. 8 . Compliance with Applicable_ Law. Franchisee, in performance of its duties pursuant to the provisions of this Agreement , shall comply with all applicable laws , including, but not limited to : the Atascadero Municipal Code; and Regulations adopted by the City Manager or City Council pursuant to State and Federal Law. The provisions of the Atascadero Municipal Code , as they now exist or may hereafter be adopted and/or amended, shall be deemed to be a part of this Agreement as if set forth herein in 000126 5 full . Franchisee shall , at all times during the term or terms of the Agreement pay all sums required as and for Business License Taxes due pursuant to the provisions of the Code. 9 . Services . Franchisee agrees that during the term of this Agreement Franchisee will provide the services , as described in the Code, the Regulations and this Agreement , including the collection and disposal of all solid waste and curbside recyclables venerated within the City by its customers , in the time and manner set forth in this Agreement , the Code and the Regulations. At such time as City shall by ordinance adopt mandatory solid waste collection, Franchisee shall provide services as herein described to all those residents affected by such an ordinance. 10. administration of Contract . (a) Responsible City Officer . The City Manager of City is hereby designated as the City Officer responsible for the administration of this Agreement . The Franchisee shall obey all lawful orders , directions and instructions issued by the City Manager with reference to the provisions of this Agreement . (b) Responsible Franchisee Employee . The Franchisee shall , in writing, contemporaneously with the execution of this Agreement , designate a qualified person who shall be the responsible officer or employee of Franchisee for the purpose of administration of this Agreement . Such person shall be authorized by Franchisee to act on behalf of Franchisee, including, but not limited to, accepting all notices given by the City with reference to this Agreement . b 00012'7 (c) Interpretations . Orders_. If at any time during the term of this Agreement the City Manager issues to Franchisee any written interpretation of this Agreement or any order , instruction, or direction relating to the Franchisee' s services provided pursuant to this Agreement (collectively "Order") , which Franchisee believes is improper or not within the scope of its duties imposed pursuant to this Agreement , Franchisee may, within ten (10) consecutive working days following service upon Franchisee of the City Manager ' s Order , have the right of appeal to the City Council with reference to the issuance of such Order . The City Clerk upon receipt of such a request for review by the Franchisee shall place the matter on the next most convenient agenda of the City Council for consideration. The Franchisee shall be viven not less than ten ( 10) consecutive working days notice by the City Clerk of the time and place of the hearing upon its request for review of the City 'tanager ' s Order . The City Council at the time of such hearing shall permit the Franchisee and any other interested person, a reasonable opportunity to be heard on the question of the appropriateness of the City Manager ' s Order. Thereafter , based upon its review, the City Council shall affirm, modify, or disaffirm the City Manager 's Order . The City Council ' s decision shall be final and conclusive . 11 . Recvclinz Plans . The Franchisee, in the performance of its obligation pursuant to this Agreement , shall comply with any and all provisions of any recycling plan or plans or programs ( collectively "Plan" ) issued by the City during the term or terms of this .agreement . 000128 12 . .assignment . The Franchisee shall not assign any of its obligations imposed pursuant to the provisions of this Agreement without the prior written consent of the City Council of City expressed by resolution. The consent of the City Council shall not be unreasonably withheld, provided that in determining whether or not to consent to such assignment , the City Council may consider all relevant factors relating thereto , including, but not limited to, the qualifications , experience and financial responsibility of the prospective assignee. 13 . Exclusivity. This agreement is intended by the parties , to the extent permitted by law, to designate the Franchisee as the exclusive Franchisee for the purpose of providing, on an exclusive basis , the services provided herein to the owners and/or occupants of all real property located within the City. I� . Temporary Default by Franchisee Costs. Liquidated Damazes . Termination. (a) Temporary Default . If Franchisee, for any reason, ceases to perform the services in accordance with the provisions of this Agreement and the Code, the City Manager may take the steps necessary to temporarily provide the services by City or other entities engaged by the City Manager . The City shall be entitled to provide such services and thereafter charge the Franchisee for the costs of such services , including, but not limited to , administrative overhead, determined in accordance with City' s standard accounting practices . 000129 s Lv Com . (b) Liquidated Damages . In the event Franchisee ceases to provide the services , the Franchisee shall pay to City a sum, and for liquidated damages , in an amount equal to the Franchisee ' s average daily gross receipts for each calendar day during which City is required to perform such services pursuant to this Section 11 . The parties agree and acknowledge that in the event of such default by Franchisee , the actual damages to the City, as a result of such default , in addition to the out-of-pocket cost to City of providing the services , would be difficult , if not impossible, to ascertain, and therefore the parties have negotiated this liquidated damage provision and have agreed that .a sum equal to the Franchisee' s average daily gross receipts per calendar day for each day during which such default occurs , represents a reasonable sum to be paid by Franchisee to City as and for liquidated damages for each day of such temporary default for a period not in excess of thirty (30)- consecutive calendar days . The parties have agreed upon the foregoing as a liquidated damage provision, and not as a penalty. "Average daily gross receipts" shall be determined for the purpose of this section based upon the total amount of Franchisee' s Gross Receipts for the three (3) calendar months immediately preceding the calendar month during which Franchisee ceases to provide the services, divided by the number of calendar days included in such three-month period. ( c) Termination. If such a period of temporary default continues for more than thirty (30) consecutive calendar days , City shall have the right to terminate this Agreement forthwith, and in addition to damages and costs . it is 9 000130 entitled to pursuant to subsections (a) and (b) of this Section City shall be entitled to its actual damages resulting from such breach by Franchisee occurring after termination by City including, but not limited to , all costs incurred by City in obtaining a new Franchisee; all costs incurred in providing the services after the effective date of the termination until a new exclusive Franchise agreement has been executed and is in full force and effect ; all increased costs of services during the remaining term of this Agreement as of the date of its termination; and all City administrative overhead costs incurred as a result of such termination, including, but not limited to , fees for City' s attorney' s services . Upon receipt of invoice for such Costs , the Franchisee shall pay the same within a period of ten ( 10) days . 15 . City Facilities . Franchisee, at its sole expense , shall collect solid waste from the City facilities enumerated and described on Exhibit A, attached hereto and incorporated 'herein by this reference. 16 . City-Wide Soecial Events . Franchisee, at its sole expense, shall provide such equipment and services as deemed necessary by the City Manager for one ( 1) City-Wide City sponsored Solid Waste Collection special event per year . Such equipment and services shall consist of , but not be limited to , recycling bins , roll-offs , extra receptacles , and bins as determined by the City Manager to be necessary. The locations and the specific day upon which the special event shall take place shall be established by the City Manager . 10 000131 17 . "ranchisee Employees . Conduct . (a) Franchisee shall require all employees to wear clean, neat , presentable uniforms . (b) The Franchisee shall perform the services in a manner which will cause the least possible interference with or annoyance to the public. all Franchisee' s employees shall be instructed to be courteous and responsive to the public . 18 . Local Offices and Teleohone_ Service. Franchisee shall , at all times during the term hereof, maintain a local office . Franchisee shall maintain the office open and available at all times , Mondays through Fridays , holidays excluded, between the hours of 9 :30 a.m. to 4 :30 p.m. 19 . Conduct of Services. The Franchisee shall conduct is operations hereunder in such a manner so as to cause as little inconvenience as is possible to the public, and to that end the following rules shall be observed: (a) All services shall be conducted between 6 :30 a.m. and 7 :00 p.m. in residential areas and 6 :00 a.m. and 9 :00 p.m. in commercial areas . (b) After a solid waste receptacle has been emptied into a solid waste truck it shall be replaced in an upright position at the place where presented for collection, as prescribed by the Code and this Agreement; and (c) Solid waste receptacles shall not be thrown from a truck to the °round, but placed on the ground in a manner that will prevent damage to the receptacles . The Franchisee shall take all steps necessary to ensure that the receptacles are 11 000132 treated by its employees and agents in a reasonable manner so as to prevent damage and destruction thereto ; and (d) Franchisee shall cause all spills of solid waste occurring during the collection process to be cleaned up , forthwith, by its employees . 20 . Complaint Procedure. Franchisee shall be obligated to take all steps reasonably necessary and required to satisfy customer service complaints . Franchisee shall maintain a complaint log, in a form approved by the City Manager . Where a particular complaint cannot be amicably resolved, the matter may be referred by the Franchisee or by this customer to the City Manager . The City Manager , or his designee, shall take such steps as may be necessary to conduct an adequate investigation of the circumstances surrounding such complaint , and based thereon resolve the dispute. The City Manager ' s decision with reference thereto shall be binding upon the parties to the dispute and shall be final and conclusive . 21 . Status of Franchisee. Franchisee, for all purposes , shall be deemed to be an independent contractor and shall conduct its operations pursuant to the provisions of this Agreement in that said capacity. 22 . Insurance Coverage. With respect to performance of work under this Agreement , Franchisee shall maintain, at all times during the term hereof , insurance as described below: (a) Workers ' compensation insurance with statutory limits , and employer ' s liability insurance with limits as approved by City per accident ; and (b) Comprehensive general liability insurance 000133 12 with a combined single limit not less than an amount approved by the City Manager , per occurrence. Such insurance shall int.lude products/completed operations liability, broad form property damage coverage , and explosion and collapse and underground hazard coverage. Such insurance shall : ( i ) name as insureds City, its appointed and elected officials , officers , employees and agents ; ( ii ) be primary with respect to any insurance or self-insurance programs maintained by the City; ( iii ) contain standard cross liability provisions ; and (c) Comprehensive vehicle liability insurance with a combines single limit not less than an amount approved by the City Manager , per occurrence. Such insurance shall include coverage for owned, hired, and non-owned vehicles . The City Manager shall have the right of approval of insurance carriers issuing policies pursuant to this Agreement . Franchisee shall file with the City Clerk properly executed certificates of insurance in a form approved by the City Attorney of City, contemporaneously with execution of this Agreement . Certificates shall clearly evidence the existence of all coverage required above and shall provide that the coverage shall not be terminated or materially altered except after at least thirty (30) days prior written notice to City. Franchisee shall replace such certificates for policies expiring prior to the termination or expiration of this agreement . 000134 13 If Franchisee, for any reason, fails to maintain insurance coverage required pursuant to this Agreement , the same shall be deemed a material breach of contract . City, at its sole option, may forthwith terminate this Agreement and obtain all damages from the Franchisee resulting from said breach. { 3 Alternatively, City may purchase such required insurance coverage on behalf of Franchisee and, upon notice, Franchisee shall I sts for obtaining such coverage , forthwith reimburse city for all co1 i including all premium costs advanced by City for such insurance coverage . 23 . Performance Bond. Franchisee, at its sole expense, shall furnish to City, at all times during the term of this Agreement , a Performance Bond to assure the faithful performance of Franchisee ' s obligations under this Agreement . Such bond shall be executed by a surety company licensed to do business in the State of California and approved by the City. Such bond shall be issued in a form approved by the City and shall be in the penal sum of Fifty Thousand Dollars (S50 ,000 -00) - 24 . Indemnity. Notwithstanding the existence of insurance coverage required of Franchisee pursuant to this Agreement , Franchisee shall save, keep, indemnify, hold harmless , and defend City and its respective appointed and elected officials , officers , employees , and agents ("Indemnified Parties" ) , from any and all claims , demands or judgment, in favor of any person, for injury to , or the death of , any person, and/or damage to real or personal property, including all costs and expenses incurred in the defense thereof , occurring or arising out of the performance by 000135 l� Franchisee, its officers , agents , employees , including but not limited to , its City approved assignees or subcontractors (hereinafter collectively "Franchisee" ) , of the services required of Franchisee pursuant to this Agreement , occasioned by any act or omission to act where a duty to act exists, by the Franchisee, including, but not limited to , any such liability imposed by reason of any infringement or alleged infringement or rights of any person in consequence of the use in the performance by Franchisee or the work hereunder , or any article, material , or supplies used or installed pursuant to this Agreement ; and any such liability arising under or pursuant to any federal , state or local law. 25 . Replacement Vehicles . The City Manager may instruct the Franchisee to cease using, and Franchisee shall not use, any motor vehicle in the performance of services hereunder which the City Manager reasonably believes is unsafe or which does not comply with the provisions of this Agreement or any applicable law. 26 . Vehicle inventory. Franchisee shall annually furnish the City Manager with an inventory of vehicles used by the Franchisee in the performance of services hereunder , and shall update the inventory as changes in equipment are made. Such inventory shall include the type and capacity of each vehicle, the number of vehicles and in the case of vehicles acquired by Franchisee after the commencement of this Agreement , the date of acquisition. 27 . Status of Solid Waste and Curbside Recvclables . All solid waste and curbside recyclables collected pursuant to this Agreement shall be deemed to the be the property of the Franchisee I5 000136 as of the time the same is placed for collection by the owner and/or occupant of the Lot upon which the same was generated , unless otherwise determined by the City Council , at its sole discretion. 28 . Attorney' s Fees . Should litigation, including arbitration, be reasonably required to enforce any of the provisions of this Agreement , the prevailing party in such litigation shal l be entitled to receive an award of attorney' s fees in such amount as may be set in the discretion of the court . 29 . Notices . Notice given pursuant to this Agreement shall be in writing, and shall be given by personal service upon the party to be ratified, or by United States Postal Service or its lawful successor , postage prepaid, addressed as follows : 0 To City: City Manager City of Atascadero 600 Palma Avenue Atascadero, CA 93422 To Franchisee: Wil-Mar Disposal Company, Inc. P.O. Box 1199 Atascadero , CA 93423 Notice shall be deemed to have been given hereunder as of the date of personal service, or two (2) consecutive calendar days following the date of .deposit of the same in the custody of the United States Postal Service. 30 . Debts to City interest . Collection. Any sum due to City from Franchisee pursuant to the provisions of this Agreement shall be due and payable as is provided in this agreement or as established by the City Manager . All sums due to City from 40 16 00013'7 Franchisee shall bear interest at twelve percent ( 12QIDI) as of the due date of the indebtedness . Yotwithstanding the foregoing, no interest rate shall exceed the maximum permitted by law. 31 . Annexation of Territory. In the event territory is annexed to the City, and if immediately prior to such annexation, solid waste collection services were provided by a solid waste collector , other than Franchisee, authorized to perform such services by the local agency having jurisdiction over such territory prior to annexation, then such authorized solid waste collector may continue to provide solid waste collection service in the territory for up to three (3) years from the date of annexation. Under such circumstances , the annexed territory shall not be deemed a portion of the City for the purpose of this Agreement until the expiration of the three (3 ) years . If the solid waste collector authorized to perform collection services prior to annexation is the Franchisee, then such territory shall be deemed a part of the City for the purpose of this .agreement . 32 . Law to Govern. It is understood and agreed by the parties hereto, that the laws of the State of California shalt govern the rights , obligations , duties and liabilities of the parties to this Agreement . 33 . Binding Effect on .agreement . This Agreement shall be binding upon the parties hereto and upon all of their lawful successors in interest . 34 . Location of New Facility_. Franchisee shall seek advice and consent of the City Manager prior to consummation of a purchase or lease of real property to be used for a recycling 000138 17 facility or other solid waste facility. 35 . Entiretv. The parties agree that this agreement represents the full and entire Agreement between the parties hereto with respect to matters covered herein. 38 • Novation. As of the effective date of this Agreement , all prior Agreements for collection of solid waste existing between the parties hereto shall be deemed terminated and of no further force or effect . This novation clause shall not have effect of terminating or affecting any claim either party hereto may have against the other , or against any third person, pursuant to any such prior Agreement . DZ . Survivability. Notwithstanding the termination of j this Agreement pursuant to the provisions hereof , and/or the provisions of applicable law, the right of the parties hereto to prosecute legal claims against each other and against third parties shall survive such termination and shall not be affected by such i termination. t 38. Effective Date. The Effective Date of this j i Agreement shall be October_8 1_991 ! The parties hereto have caused this Agreement to be executed by their respective authorized representatives . 18 000139 i CITY OF ATASCADERO WIL-MAR DISPOSAL COMPANY, INC. F. ALDEN F. SHIER, Mayor WILLIAM GIBBS , President MI`NIE GARIBALDI , Secretary- Treasurer APPROVED AS TO CONTENT: ATTEST: RAY WINb9OR , City Manager ! APPROVED AS TO FOR.!E: LEE RABOIN City Clerk ART ER R. L1qNTX\MqN\i ty Attorney 000140 1� EXHIBIT A Franchisee shall provide solid waste collection to the following sites : 1 . Administrative Building; 2 . Fire Stations 1 and 2 ; 3 . City Corporation yard (Traffic Way) ; 4 . City Park; 5 . Charles Paddock Zoo; S . Alvord Field; 7 . Henderson Field; S . Police Department ; 9 . South Atascadero Park. 10 . Other public parks and facilities which are acquired or opened during the term of this agreement . This collection service does not include construction debris or any other solid waste venerated off the public facility premises . 000141 20 �Y,-v SOLID WASTE COLLECTION FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT, made and entered into this 1st day of May, 1996, by and between the CITY OF ATASCADERO, a political subdivision of the State of California, hereinafter called "City" , and ATASCADERO WASTE ALTERNATIVES, INC. , a California Corporation, the successor in interest to WIL-MAR DISPOSAL COMPANY, INC. , a California Corporation, hereinafter called "Franchisee" . Witnesseth For and in consideration of the payments to be made by Franchisee to City, and in further consideration of the full and faithful performance by Franchisee of all terms, covenants, and conditions of this agreement, as well as complete compliance with the laws of the State of California and all pertinent present and future ordinances and resolutions of the City; It is mutually agreed as follows : 1 . Scope of Work. Franchisee shall provide all labor, materials, tools, and equipment necessary to perform all work required to collect and haul solid waste and curbside recyclables from locations within the City in accordance with this Agreement . (a) Collection and hauling of non-putrescible demolition and construction wastes shall be excepted from the scope of work as described above . 2 . Term. The term of this agreement, originally entered into for a period of seven (7) years from October 1, 1991, and thereafter extended for a period of three (3) years, shall continue for seven (7) years from, May 1, 1996 . 3 . Extension of Term: On the first day of May of each year, commencing May 1, 1997, the term of this Agreement shall be extended for one (1) year, unless one of the following conditions shall occur: a. City shall notify Franchisee at least three (3) months prior to May 1 of its intent to reexamine the term of the Agreement, or b. Franchisee shall notify City at least three (3) months prior to May 1 of its intent to request reexamination of the term of the Agreement . 1 000142 4 . Termination of Agreement . Notwithstanding any other provision of this Agreement to the contrary, this Agreement may be terminated in any of the following ways : (a) Pursuant to specific provisions of this Agreement providing for such termination, and/or (b) Upon mutual written agreement of the parties hereto; (c) By operation of law; and/or (d) As a result of a material breach of this Agreement by either party. 5 . Franchise Fee. During the term of this Agreement, Franchisee shall pay to the City a sum equal to five percent (5%) of Franchisee' s gross receipts derived from its franchised solid waste collection operations conducted within the City pursuant to this Agreement. For the purpose of this Agreement, "gross receipts" shall mean any and all forms of compensation and funds, including but not limited to cash, check or credit card, actually received by Franchisee from any person arising out of the Franchisee' s franchised operations conducted within the City pursuant to this Agreement. The Franchise Fee shall be paid to City by Franchisee monthly on the fifteenth (15th) calendar day of each month during the term hereof . Upon notice to Franchisee given three (3) months in advance, -City may change the franchise fee percentage . 6 . Charges. Franchisee shall be permitted to make such charges for its Services as hereinafter provided: A. Residential and Commercial Charges . (i) Rates shall be adjusted annually according to the CPI commencing May 1, 1996. Commencing May 1, 1996, the current monthly service rate shall be charged for a four (4) week cycle, and shall be billed every eight (8) weeks . The CPI adjustment to be applied shall be the annual change in the United States Department of Labor Consumer Price Index for Los Angeles-Anaheim-Riverside, All Urban Consumers, hereinafter and hereinabove referred to as CPI, measured October to October applied as a percentage of the above referenced rates . In no event shall the annual adjustment exceed five percent (5%) . Such rate base shall not be changed by any future tipping fee adjustments. (ii) Residential rates shall be rounded to the nearest $ . 05 and shall exclude the curbside recycling portion of refuse collection rate in applying the above formula; however, said surcharge shall be added to the rate determined by applying the formula. Commercial rates shall be rounded to the nearest $1 . 00 or such other amount as may be mutually agreed upon by the City and Franchisee. 2 000143 (iii) Said adjustment in residential and commercial refuse collection rates shall be effective on the first billing cycle following the effective date of the adjustment . Residential accounts are billed every eight (8) weeks. Commercial accounts are billed every four (4) weeks . (iv) Franchisee shall provide notice as soon as possible to its residential and commercial customers of rate adjustments at least one (1) month prior to the effective date of said adjustment . (v) The updated rate schedule shall be submitted to the City as an information item at least one (1) month prior to implementing the rate change. B. Tipping Fee Adjustments . (i) Weictht : In the event landfill tipping fees are determined by weight, then for each $1.00/ton change in the landfill tipping fee, residential and commercial refuse collection rates shall be adjusted according to the following formula: annual ton/prior 12 months o of FRANCHISEE' S revenue for annual revenue/prior 12 months = $1. 00/ton tipping fee change approved tipping fee o of change current adjustment to increase or = multiplier x rate = add or subtract decrease per ton from rate (ii) Volume : In the event landfill tipping fees are determined by volume, then for each $1. 00/yard change in the landfill tipping fee, residential and commercial refuse collection rates shall be adjusted according to the following formula: annual yard/prior 12 months o of FRANCHISEE' S revenue for annual revenue/prior 12 months = $1 . 00/yard tipping fee change approved tipping fee o of change current adjustment to increase or = multiplier x rate = add or subtract decrease per yard from rate (iii) City reserves the right to review the basis for tipping fee adjustments approved by the Board of Supervisors or other governing body. (iv) Franchisee shall provide to City a copy of a Landfill' s request for a change in the tipping fees no later than five (5) days following receipt of knowledge by Franchisee of request to the County of San Luis Obispo or any other governing body. 3 0001,}4 (v) Franchisee shall notify City of action taken by the Board of Supervisors or any other governing, body regarding said request within five (5) days following Franchisee' s receipt of knowledge of said action. 7 . Filing of Statements . Audits . Franchisee shall, on or before the fifteenth (15th) day of each calendar month occurring during the term hereof, file with the Director of Finance of the City a verified Statement of Gross Receipts ( "Statement") actually received by Franchisee during the immediate preceding calendar month. Each such Statement shall be verified on behalf of the Franchisee by a person designated for such purpose by the Franchisee . The City shall have the right to inspect, review, and audit, at any reasonable time, upon not less than twenty-four (24) hours written notice to Franchisee, any and all of the Franchisee' s books or records to determine the accuracy of the contents of any Statement. The City shall also have the right to order an audit, conducted by a qualified independent auditor selected by the City, of the Franchisee's books and records to determine the accuracy of the Statements filed with the City. If any City ordered audit discloses an understated amount of Gross Receipts on any Statement, equaling three percent (30) or more during any reporting period, the cost of the audit shall be borne exclusively by the Franchisee; in all other cases such audit costs shall be borne by the City. 8 . Compliance with Applicable Law. Franchisee, in performance of its duties pursuant to the provisions of this Agreement, shall comply with all applicable laws, including, but not limited to: the Atascadero Municipal Code, and Regulations adopted by the City Manager of City Council pursuant to State and Federal Law. The provisions of , the Atascadero Municipal Code, as they now exist or may hereafter be adopted and/or amended, shall be deemed to be a part of this Agreement as if set forth herein in full . Franchisee shall, at all times during the term or terms of the Agreement pay all sums required as and for Business License Taxes due pursuant to the provisions of the code. 9 . Services. Franchisee agrees that during the term of this Agreement Franchisee will provide the services, as described in the Code, the Regulations, and this Agreement, including the collection and disposal of all solid waste and curbside recyclables generated within the City by its customers, excepting only those functions set forth at 1 (a) above, in the time and manner set forth in this Agreement, the Code, and the Regulations . 10 . Administration of Contract . (a) Responsible City Officer. The City Manager of City is hereby designated as the City Officer responsible for the administration of this Agreement . The Franchisee shall obey all 4 000145 lawful orders, directions, and instructions issued by the City Manager with reference to the provisions of this Agreement . (b) Responsible Franchisee Employee . The Franchisee shall, in writing, contemporaneously with the execution of this Agreement, designate a qualified person who shall be the responsible officer or employee of Franchisee for the purpose of administration of this Agreement. Such person shall be authorized by Franchisee to act on behalf of Franchisee, including, but not limited to, accepting all notices given by the City with reference to this Agreement. (c) Interpretations . Orders . If at any time during the term of this Agreement the City Manager issues to Franchisee any written interpretation of this Agreement or any order, instruction, or direction relating to the Franchisee' s services provided pursuant to this Agreement (collectively "Order" ) , which Franchisee believes is improper or not within the scope of its duties imposed pursuant to this Agreement, Franchisee may, within ten (10) consecutive working days following service upon Franchisee of the City Manager' s Order, have the right of appeal to the City Council with reference to the issuance of such order. The City Clerk upon receipt of such a request for review by the Franchisee shall place the matter on the next most convenient agenda of the City Council for consideration. The Franchisee shall be given not less than ten (10) consecutive working days notice by the City Clerk of the time and place of the hearing upon its request for review of the City Manager' s Order. The City Council at the time of such hearing shall permit the Franchisee and any other interested person, a reasonable opportunity to be heard on the question of the appropriateness of the City Manager' s Order. Thereafter, based upon its review, the City Council shall affirm, modify, or disaffirm the City Manager' s Order. The City Council' s decision shall be final and conclusive. 11 . Recycling Plans . The Franchisee, in the performance of its obligation pursuant to this Agreement, shall comply with any and all provisions of any recycling plan or plans or programs (collectively "Plan") adopted by the City during the term or terms of this Agreement . 12 . Assignment . The Franchisee shall not assign any of its obligations imposed pursuant to the provisions of this Agreement without the prior written consent of the City Council of City expressed by resolution. The consent of the City Council shall not be unreasonably withheld, provided that in determining whether or not to consent to such assignment, the City Council may consider all relevant factors relating thereto, including, but not limited to, the qualifications, experience, and financial responsibility of the prospective assignee. Assignment of an obligation to a corporate entity in which the Franchisee holds a majority control shall not be considered an assignment requiring written consent of S 000146 the City Council . Transfer of twenty-five percent (250) or more of shares of corporate Franchisee shall be considered an assignment requiring prior consent of the City Council . 13 . Direction to Landfill. After due consideration of all relevant factors, the City Council may request Franchisee to utilize a specific legally permitted landfill . In the event the City Council makes such a request, expressed by resolution, Franchisee shall give great weight to the City Council' s request . Franchisee shall indemnify and hold City harmless as a result of such request if City is found to be an arranger pursuant to State or Federal law. 14 . Extraordinary Review. In the event extraordinary circumstances arise which would cause economic hardship to Franchisee, a special request can be made for a rate review. In such case, Franchisee shall present information substantiating the need for extraordinary relief. In the event that rates are approved based upon extraordinary need, Franchisee may be required periodically to submit evidence that the reason for extraordinary relief provided continues to exist . 15 . Exclusivity. This Agreement is intended by the parties, to the extent permitted by law, to designate the Franchisee as the exclusive Franchisee for the purpose of providing, on an exclusive basis, the services provided herein. to the owners and/or occupants of all real property located within the City. 16 . Temporary Default by Franchisee. Costs . Licruidated Damages . Termination. (a) Temporary Default. If Franchisee, for any reason, ceases to perform the services in accordance with the provisions of this Agreement and the Code, the City Manager may take the steps necessary to temporarily provide the services by City or other entities engaged by the City Manager. The City shall be entitled to provide such services and thereafter charge the Franchisee for the costs of such services, including, but not limited to, administrative overhead, determined in accordance with City' s standard accounting practices . (b) Liquidated Damages . In the event Franchisee ceases to provide the services, the Franchisee shall pay to City a sum, as and for liquidated damages, in an amount equal to the Franchisee' s average daily gross receipts for each calendar day during which City is required to perform such services pursuant to this Section 16 . The parties agree and acknowledge that in the event of such 6 00014'7 default by Franchisee, the actual damages to the City, as a result of such default, in addition to the out-of-pocket cost to City of providing the services, would be difficult, if not impossible, to ascertain, and therefore the parties have negotiated this liquidated damage provision and have agreed that a sum equal to the Franchisee' s average daily gross receipts per calendar day for each day during which such default occurs, represents a reasonable sum to be paid by Franchisee to City as and for liquidated damages for each day of such temporary default for a period not in excess of thirty (30) consecutive calendar days. The parties have agreed upon the foregoing as a liquidated damage provision, and not as a penalty. "Average daily gross receipts" shall be determined for the purpose of this section based upon the total amount of Franchisee' s Gross Receipts for the three (3) calendar months immediately preceding the calendar month during which Franchisee ceases to provide the services, divided by the number of calendar days included in such three-month period. (c) Termination. If such a period of temporary default continues for more than thirty (30) consecutive calendar days, City shall have the right to terminate this Agreement forthwith, and in addition to damages and costs it is entitled to, pursuant to subsections (a) and (b) of this Section 16, City shall be entitled to its actual damages resulting from such breach by Franchisee occurring after termination by City including, but not limited to, all costs incurred by City in obtaining a new Franchisee; all costs incurred in providing the services after the effective date of the termination until a new exclusive Franchise Agreement has been Is executed and is in full force and effect; all increased costs of services during the remaining term of this Agreement as of the date of its termination; and all City,_ administrative overhead costs incurred as a result of such termination, including, but not limited to, fees for City' s attorney' s services . Upon receipt of invoice for such Costs, the Franchisee shall pay the same within a period of ten (10) days. 17 . City Facilities. Franchisee, at its sole expense, shall collect solid waste from the City facilities enumerated and described on Exhibit A, attached hereto and incorporated herein by this reference, excepting therefrom the collection of non- putrescible demolition and construction waste. 18 . City-Wide Special Events . Franchisee, at its sole expense, shall provide such equipment and services as deemed necessary by the City Manager for one (1) City-Wide City sponsored Solid Waste Collection special event per year. Such equipment and services shall consist of, but not be limited to, recycling bins, roll-offs, extra receptacles, and bins as determined by the City Manager to be necessary. The locations and the specific day upon which the special event shall take place shall be established by the City Manager. 7 0001,18 19. Franchisee Employees . Conduct. (a) Franchisee shall require all employees to wear clean, neat, presentable uniforms . (b) The Franchisee shall perform the services in a manner which will cause the least possible interference with or annoyance to the public . All Franchisee' s employees shall be instructed to be courteous and responsive to the public. 20 . Local Offices and Telephone Service. Franchisee shall, at all times during the term hereof, maintain a local office. Franchisee shall maintain the office open and available at all times, Mondays through Fridays, holidays excluded, between the hours of 9 : 30 a.m. to 4 :30 p.m. 21 . Conduct of Services . The Franchisee shall conduct its operations hereunder in such a manner so as to cause as little inconvenience as is possible to the public, and to that end, the following rules shall be observed: (a) All services shall be conducted between 6 :30 a.m. and 7 : 00 p.m. in residential areas and 6 :00 a.m. and 9 : 00 p.m. in commercial areas . (b) After a solid waste receptacle has been emptied into a solid waste truck, it shall be replaced in an upright position at the place where presented for collection, as prescribed by the Code and this Agreement; and (c) Solid waste receptacles shall not be thrown from a truck to the ground, but placed on the ground in a manner that will prevent damage to the receptacles . , The Franchisee shall take all steps necessary to ensure that the receptacles are treated by its employees and agents in a reasonable manner so as to prevent damage and destruction thereto; and (d) Franchisee shall cause all spills of solid waste occurring during the collection process to be cleaned up, forthwith, by its employees. 22 . Complaint Procedure. Franchisee shall be obligated to take all steps reasonably necessary and required to satisfy customer service complaints. Franchisee shall maintain a complaint log, in a form approved by the City Manager. Where a particular complaint cannot be amicably resolved, the matter may be referred by the Franchisee or by this customer to the City Manager. The City Manager, or his designee, shall take such steps as may be necessary to conduct an adequate investigation of the circumstances surrounding such complaint, and based thereon, resolve the dispute. The City Manager' s decision with reference thereto shall be binding upon the parties to the dispute and shall be final and conclusive . 8 000149 23 . Status of Franchisee. Franchisee, for all purposes, shall be deemed to be an independent contractor and shall conduct its operations pursuant to the provisions of this Agreement in that 0 said capacity. 24 . Insurance Coverage. With respect to performance of work under this Agreement, Franchisee shall maintain, at all times during the term hereof, insurance as described below: (a) Workers' Compensation insurance with statutory limits, and employer' s liability insurance with limits as approved by City per accident; and (b) Comprehensive general liability insurance with a combined single limit not less than an amount approved by the City Manager, per occurrence. Such insurance shall include products/completed operations liability, broad form property damage coverage, and explosion and collapse and underground hazard coverage. Such insurance shall : (i) name as insureds City, its appointed and elected officials, officers, employees and agents; (ii) be primary with respect to any insurance or self-insurance programs maintained by the City; (iii) contain standard cross liability provisions; and (c) Comprehensive vehicle liability insurance with a combined single limit not less than an amount approved by the City Manager, per occurrence. Such insurance shall include coverage for owned, hired, and non-owned vehicles . The City Manager shall have the right of approval of insurance carriers issuing policies pursuant to this Agreement. Franchisee shall file with the City Clerk properly executed certificates of insurance in a form approved by the City Attorney of City, contemporaneously with execution of this Agreement . Certificates shall clearly evidence the existence of all coverage required above and shall provide that the coverage shall not be terminated or materially altered except after at least thirty (30) days prior written notice to City. Franchise shall replace such certificates for policies expiring prior to the termination or expiration of this Agreement . If Franchisee, for any reason, fails to maintain insurance coverage required pursuant to this Agreement, the same shall deemed a material breach of contract. City, at its sole option, may forthwith terminate this Agreement and obtain all damages from the Franchisee resulting from said breach. Alternatively, City may purchase such required insurance coverage on behalf of Franchisee and, upon notice, Franchisee shall forthwith reimburse City for all costs for obtaining such coverage, including all premium costs advanced by City for such insurance coverage. 9 000150 25 . Performance Bond. Franchisee, at its sole expense, shall 40 urnish to City, at all times during the term of this Agreement, a erformance Bond to assure the faithful performance of Franchisee' s obligations under this Agreement . Such bond shall be executed by a surety company licensed to do business in the State of California and approved by the City. Such bond shall be issued in a form approved by the City and shall be in the penal sum of Fifty Thousand Dollars ($50, 000 . 00) . 26 . Indemnity. Notwithstanding the existence of insurance coverage required of ' Franchisee pursuant to this Agreement, Franchisee shall save, keep, indemnify, hold harmless, and defend City and its respective appointed and elected officials, officers, employees, and agents ("Indemnified Parties" ) , from any and all claims, demands or judgment, in favor of any person, for injury to, or the death of, any person, and/or damage to real or personal property, including all costs and expenses incurred in the defense thereof, occurring or arising out of the performance by Franchisee, its officers, agents, employees, including but not limited to, its City approved assignees or subcontractors (hereinafter collectively "Franchisee" ) , of the services required of Franchisee pursuant to this Agreement, occasioned by any act or omission to act where a duty to act exists, by the Franchisee, including, but not limited to, any such liability imposed by reason of any infringement or alleged infringement or rights of any person in consequence of the use in the performance by Franchisee or the work hereunder, or any article, material, or supplies used or installed pursuant to this greement ; and any such liability arising under or pursuant to any ederal, state or local law. 27 . Replacement Vehicles. The City Manager may instruct the Franchisee to cease using, and Franchisee shall not use, any motor vehicle in the performance of services hereunder which the City Manager reasonably believes is unsafe or which does not comply with the provisions of this Agreement or any applicable law. 28 . Vehicle Inventory. Franchisee shall annually furnish the City Manager with an inventory of vehicles used by the Franchisee in the performance of services hereunder, and shall update the inventory as changes in equipment are made. Such inventory shall include the type and capacity of each vehicle, the number of vehicles and in the case of vehicles acquired by Franchisee after the commencement of this Agreement, the date of acquisition. 29 . Status of Solid Waste and Curbside Recyclables . All solid waste and curbside recyclables collected pursuant to this Agreement shall be deemed to be the property of the Franchisee as of the time the same is placed for collection by the owner and/or. occupant of the Lot upon which the same was generated, unless otherwise determined by the City Council, at its sole discretion. 30 . Attorney' s Fees. Should litigation, including 0 10 000151 arbitration, be reasonably required to enforce any of the provisions of this Agreement, the prevailing party in such litigation shall be entitled to receive an award of attorney' s fees in such amount as may be set in the discretion of the court . 31 . Notices . Notice given pursuant to this Agreement shall be in writing, and shall be given by personal service upon the party to be ratified, or by United States Postal Service or its lawful successor, postage prepaid, addressed as follows : To City: City Manager City of Atascadero 6500 Palma Avenue Atascadero,CA 93422 To Franchisee: Atascadero Waste Alternatives, Inc. 5835 Traffic Way Atascadero, CA 93422 Notice shall be deemed to have been given hereunder as of the date of personal service, or two (2) consecutive calendar days following the date of deposit of the same in the custody of the United States Postal Service. 32 . - Debt to City. Interest . Collection. Any sum due to City from Franchisee pursuant to the provisions of this Agreement shall be due and payable as is provided in this Agreement or as established by the City Manager. All sums due to City from Franchisee shall bear interest at twelve percent (12%) as of the due date of the indebtedness . Notwithstanding the foregoing, no. interest rate shall exceed the maximum permitted by law. 33 . Annexation of Territory. In the event territory is annexed to the City, and if immediately prior to such annexation, solid waste collection services were provided by a solid waste collector, other than Franchisee, authorized to perform such services by the local agency having jurisdiction over such territory prior to annexation, then such authorized solid waste collector may continue to provide solid waste collection service in the territory for up to three (3) years from the date of annexation. Under such circumstances, the annexed territory shall not be deemed a portion of the City for the purpose of this Agreement until the expiration of the three (3) years . If the solid waste collector authorized to perform collection services prior to annexation is the Franchisee, then such territory shall be deemed a part of the City for the purpose of this Agreement . 34 . Law to Govern. It is understood and agreed by the parties hereto, that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement . 1 1 000152 35 . Binding Effect on Agreement. This Agreement shall be ing upon the parties hereto and upon all of their lawful s cessors in interest . 36 . Location of New Facility. Franchisee shall seek advice and consent of the City Manager prior to consummation of a purchase or lease of real property to be used for a recycling facility or other solid waste facility. 37 . Entirety. The parties agree that this Agreement represents the full and entire Agreement between the parties hereto with respect to matters covered herein. 38 . Novation. As of the effective date of this Agreement, all prior Agreements for collection of solid waste existing between the parties hereto shall be deemed terminated and of no further force or effect . This novation clause shall not have effect of terminating or affecting any claim either party hereto may have against the other, or against any third person, pursuant to any such prior Agreement . 39 . Survivability. Notwithstanding the termination of this Agreement pursuant to the provisions hereof, and/or the provisions of applicable law, the right of the parties hereto to prosecute legal claims against each other and against third parties shall survive such termination and shall not be affected by such op ination. 40 . Effective Date . The Effective Date of this Agreement I shall be , 19 The parties hereto have caused this Agreement to be executed by their respective authorized representatives . CITY OF ATASCADERO ATASCADERO WASTE ALTERNATIVES, INC. Mayor THOMAS R. WALTERS, President 12 000153 :XH.A.13'17 tlttM�htil►tttttMr�lrtlt�t�it�'AtttM*4t�it'�t�ltle�lr*ltwtlett*lttMtkQlh�*f'wt7k**�'*'tAtwttM*tk9►11t#t!t*1t*tt�l►�t1t��tiAt�ilt�leMttBtik'Ae*9t 1k CONSUMER PRICE INDEXES PACIFIC CITIES AND U. S. CITY AVFA DY A?ATA SEW LOCAL 817 MIO-MANrtGMENT/PROI BUO MC HALE- MC CAIN APSTO ALL ITEMS' INDEXES MIKMIKE Eo>: P ASSO (1982-84=100 unless othezwise noted) STEVE OF-CAMP APOA BRAOOCTOBER. 1995 BRAD WHITTY FIRE CAPTAINS ART MONTANOON I FIRE FIGHTERS ?OV 2 9 1495 URBm CgsZR I �s PERCE)i': a>: i Tear 1 month i Tsar 1 Month Zbme= ending ending I Zmmm ending ending KowmF q-4R>6CN N EL OCT. 9rxT OCT. SE" OCT. OCT. I OCT. SSPE- ocr. 821pr ocr. OCT. 1994 1995 1995 1995 1995 1995 1 1994 L995 1995 1995 1995 1995 I C. S. City AvOrage............. 149.5 153.2 153.7- 2.5 2.8 0.3 1 147.0 150.6 151.0 2.5 2.7 0.1 (1967.100)................ 448.0 159.0 460.3 - - - 1 437.8 448.5 449.6 - - Los Angeles-Anaheim-Riverside.. 153.4 154.6 155.2 1.2 1.2 0.4 1 148.0 149.3 149.9 I.t 1.3 0.4 (1967.100)................ .l 4 Asa.I 4 .0 - - San lranaisco-oakland-San•Joe&. 149.4 152.3 152.6 1.9 2.1 0.2 1 147.0 150.0 150.2 2.0 2.2 0.1 (1967-100)................ 459.3 468.4 469.1 - - - 1 447.7 456.6 45T.3 - - - West 251.0. 154.1 154.6 2.3 2.4 0.3 1 148.1 151.0 151.6 2-2 2.4 0.4 (Dec. 1977 - 100) ...... 244-1 249.1 249-9 - - - 1 238.3 243-0 243.8 - - West - A 1S2-1 154.5'. 154.9 1.8 1.6 0.1 1 147.6 149.9 150.4 1.8 1.9 0-1' (Dec. 246.0 251.9 252.6 - - - 1 239.0 242.1 243.5 - - - West - C ..................... 152.7 157.6 157.9 3.5 3.4 0.2 1 150.0 154.S 154.8 3.1 3.2 0.2 (Dec. 1977 - 100) ........ 236.9 244.4 244.9 - - - 1 231.4 236.2 238.7 - - - I Size classest A • 1,250,000 and over, 8 - Hoc available Ear West, C 50,000 to 330,000, D . Hot available for West- Release date November 15, 1995. tar more infoct tian call (415) 975-4350. CPI 24 hour hocline atmbscm Eor the Pacific cities ase as lollawsi ' Anchorage (907) 271-2770 Los Angeles (310) 23S-6884 Ban Diego (619) 557-6536 ' San Jose (408) 535-5403 Honolulu (808) SAI-2806 Portland (503) 231-2045 San Francisco (415) 975-4406 Seattle (206) 553-0645 `2e San .Tose hotline is temporarily out of Besvice- 000155 EXHIBIT D a) -0 N 't P- Ln CO O It 00 v O LO O 1t O 00 O N a0 O N (D O ti O ao N O N CIO LOCO (D .- O O M M r 00 LO O O �t to (D O CO (D — CO N It ti (D a) T- r- N ti N <- N v N N N O N o0 M O - (` (D Cl) (D O (n C OQ O cu (D M O N O M �t M (O N LO to .- N I N O N f- - (D It co Q � L (O r Co — O co a) rO r w M wM (o (O O �- O t O M O � LO O ti e N r- d tl0 (D O O CO f� M O O N t- W N 't CO 'tM N ti O CO LO O r CO O C . Co O CO "zt -, O O oc c- N N ' O " ' ' O � M � M Oct N O d' M O M C j Q i Ca N CD .-- �t O �t r- M M r r- O O o0 W W 00 f- r (O r CO -t �' O Q O V co Cl) O O r (0 �- O "t �- LO Co N M CO .4' N r (D co co 'tt • LO f� (D Of r r Co 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 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD 0 N x a) > N r CO O N M O) 6) 6) O Cf) M6 4 N M 6 r (D O 4 N CO O O O 0 m W C[) O (D 00 t O W "t O [I- O O M M O t- M CO fl- o. Q +-JO 0 — N N M �t �- N C9 "t CO N M U ~ u d U 00 C m LL CU - N O M N w a) x 7 CD > Q) 6) 00 O M Q C O (1) m W r- M co < a) Q. N O 0 V OL LL. f- O L O a) = a m W to f- CO tO co CO O CO CO O (f) (O U') (O CO O co O O O LO O O O O CO to CO CO "C7 O t- fl- 00 `t CO co M Vt t f- N 00 M f- O Co O M 00 t- 0) N O r N o W a) M 00 � M O M O O t-- t-- (O (O -t O r- O (o , W) t` Cl th r- O N ca N CO 6) CO r- CO (D N 00 V CO (D M 00 O O (3) 00 00 t` (D M LO ti Q .0 "a) Oi NN CM et r N OM '-t LO N M Q) C6 Q• Q' m O d U 0 M (1) N cu U_ Q a) M N Cl) Com- Co O O O N N r- (O O (D O N CO -t (D N N U) a) CO 00 00 LO O N N CO N M N r- Q E 5 6) co (D �- i O O M r- '' O C) U U Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y YO O LL 0) L- l- — LL L L L L L L L — L- L L L L L L L L L C= a) Q. C].. Q. Q 0- Q C1 C1 0- 0- C1 Q. C1 C7 0- Q d CZ C1 Q 0Z C1 C1 > (n U U U U > O O 7 7 7 O O O O 7 7 7 7 O 7 7 7 7 7 O 7 7 7 U -0 C1 Q. C1 C1 C1 C1 C1 Q_ Q. 0- tl C1 C1 Q. C L Q. C1 Q- C1 Q_ Q_ d Q. O CD0 a) ,� Q) a) Q) 'o N — N M N M S — N M (n 0 N M "t LO (D N M ca L U CO CO (n Co Ca T . } } dO :2 C9 0 0 0 >- >- >- >- >- >- >- >- >- } >- >- >- >- Q Lo a) (n DO O (o O (o O O O O O O O O O O O O O O O O O O NN MOAOWUrcl M7O e � MM 0 i 000156 City of Atascadero EXHIBIT E Rate Increase Calculation Solid Waste Services 11/30/95 HISTORICAL Annualized 1993 1994 1995 To Date 1. Pass Through Costs 464,896 621,529 778,727 1,047,890 Operating Costs Personnel 584,091 645,674 792,904 783,321 Corporate Overhead 147,554 188,927 212,477 230,042 General &Administrative 1,082,826 987,831 1,223,737 1,163,148 2. Total Allowable Operating Costs 1,814,471 1,822,432 2,229,118 2,176,511 Total Costs (1+2) 2,279,367 2,443,961 3,007,845 3,224,401 Total Revenues 2,351,232 2,446,655 3,040,990 3,132,741 Net Income(Loss)From Operations 71,865 2,694 33,145 (91,660) Allowable Operating Ratio 90.0% 90.0% 90.0% 90.0% Allowable Operating Profit 201,608 202,492 247,680 241,835 Net Surplus (Shortfall) (129,743) (199,798) (214,535) (333,495) Revenue in Base Year(1995) 3,040,990 Revenue Requirement% Change 10.97% Franchise Fee Factor(1 - 5 percent) 95.00% Percent Change in Existing Rates 11.54% Notes: 1.Pass Through Costs are those costs that the Solid Waste Hauler is not allowed to make a profit on. Examples include Franchise Fees and Dump Fees. 2.Allowable Operating Costs are those costs which the company is allowed to make a reasonable profit(Between 6% and 10%) 3.Allowable Operating Ratio is set between 90%-94% as established in the"Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates" produced by Ernst&Young. UvUl�6 � City of Atascadero Exhibit F Summary of Changes Service Rates (Abridged) Calculation of Current Charges Calculation of Proposed Charges Annual Residential Monthly Yearly Eight Weeks Yearly %Change $Change 32 Gallon Service $9.75 $117.00 $19.70 $128.05 9.44% 11.05 60 Gallon Service 18.75 225.00 38.00 247.00 9.78% 22.00 90 Gallon Service 24.85 298.20 50.30 326.95 9.64% 28.75 Commercial Four Weeks 1 yd- 1 P/U Wk. 50.80 609.60 51.00 663.00 8.76% 53.40 1.5yd-1 P/U Wk. 59.35 712.20 60.00 780.00 9.52% 67.80 2 yd- 1 P/U Wk. 67.75 813.00 69.00 897.00 10.33% 84.00 3 yd- 1 P/U Wk. 84.40 1,012.80 85.00 1,105.00 9.10% 92.20 4 yd- 1 P/U Wk. 101.35 1,216.20 103.00 1,339.00 10.10% 122.80 Total Annual Revenue Current Proposed %Change $Change Current Rate $1,764,374 1,933,640 $169,266 Less: 5% Franchise Fee (84,018) (92,078) (81060) Gross Proceeds 1,848,392 2,025,718 9.59% 177,326 Percentage Increase 9.59% �.�Uil, z MEMORANDUM REPORT TO CITY COUNCIL AGENDA ITEM: C-1 CITY OF ATASCADERO DATE: 4-9-96 THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Director�v Department of Community Services SUBJECT: REPORT ON FINANCING/FUNDRAISING PLAN FOR THE SEISMIC RETROFIT OF YOUTH CENTER/PRINTERY. RECOMMENDATION: Receive report, endorse and support the proposed Youth Center fundrai ing/financing plan. BACKGROUND: In July of 1994, the Atascadero Masonic Temple Association donated t e Historic Printery to the City of Atascadero to be used as a Youth Center. The Temple Association still retains one percent (I%) ownership of the building, and use a portion of the second floor for their lodge meetings. On April 11, 1995, the City retained the architectural services of F.L. Her derson and Associates to prepare working drawings for a seismic retrofit of the building. Included in the initial agreement and subsequent extension was a scope of work that would pr vide improvements to comply with A.D.A.,plans for a new electrical system, and preliminary sizing and specifications for other mechanical systems. The plans for the seismic retrofit and A.D A. improvements are complete. The balance of the architectural work is expected to be competed in 45 days. DISCUSSION: Many people have raised questions about the City of Atascadero's financial ability to make the Youth Center seismically safe and complete all the other improvements needed to upgrade the building. Some have questioned the prudence of spending close to 1 million dollars on rehabilitating the aged building. These issues are valid concerns. However, with regard to the City's abil ty to fully finance the needed improvements, everyone realizes that the City can barely sustain existing services with General Fund resources. Therefore, it is not expected that the City of Atascadero's General Fund will finance the building's rehabilitation. The goal of City staf f and the Atascadero Recreation Center Committee (A.R.C.C.) is to involve the community-at-large in a direct fundraising drive. 00015'7 While there are admittedly numerous potentially competing fundraising efforts already underway in Atascadero, the Youth Center Fundraising Plan is somewhat unique. We are proposing a pledge drive that would enable us to raise the needed funds by seeking an affordable sum from + interested citizens. The City Council can enhance these efforts with CDBG funding each year as may be appropriate. The fundraising plan presented herein is based upon allowing the citizens to fund the Youth Center which they have urged the City to obtain. A center for youth has been identified by many in the community, including City staff, as an important community need. As such, rehabilitating the Historic Printery is a primary goal. The recently completed Skateboard Park and the efforts of the Atascadero Recreation Center Committee (ARCC) in funding the teen coordinator position for the City are two good examples of the community's resolve and commitment to support youth related services Wand activities. Fundamentally, the City's ability to provide any service is contingent upon the citizen's willingness to pay for them. The fundraising plan developed by staff and the ARCC relies primarily on pledges made by individual citizens to raise the great majority of the funds needed for the seismic retrofit an ADA improvements. Approximately 2,200 citizens will be asked to pledge an average of$25 per year for 10 years. In a community of 25,000, this seems reasonable. The annual sum of $25 also seems both affordable and reasonable if people truly want a Youth Center in our community. This fundraising plan would be supplemented by other efforts to secure larger donations, grants and gifts. A typical fundraising plan that relies solely upon large donations seems highly unlikely, given the many other community projects and charities currently raising funds this way in Atascadero. The seismic retrofit and otherimprovements to the building can be accomplished in several phases or more affordable stages. This type of phasing of the construction would preclude the need to raise nearly $1 million dollars all at once, something everyone agrees is highly unlikely to occur in a timely manner to benefit today's youth. F.L. Henderson and Associates will provide the City of Atascadero with a phasing plan to be used as funding becomes available. Funds raised along the ten year timeline would be placed in interest bearing accounts to help offset inflation. By phasing the improvements in more manageable and affordable segments, parts of the Youth Center can be'made safe and accessible for youth while fundraising continues for other areas. Mr. Charles Andes, the developer involved with the Carlton Hotel, has indicated that he may be interested in acquiring the Printery in exchange for building a new Youth Center and meeting place for the Masons at another location. After delaying the fundraising plan nearly three months, on March 28, 1996, the ARCC board voted unanimously to recommend that the City of Atascadero and ARCC proceed without further delay on the Youth Center fundraising efforts. While the viability and desirability of Mr. Andes'plans are still unknown, the Board felt that proceeding with fundraising for the development of the Youth Center would be the best course of action at this time. Later, the funds raised could be used for the Printery or another building 000158 of such an option becomes a reality. is FINANCIAL IMPACT: There will be no direct financial impact on the City's General Fund. Staff recommends that continued in-kind support of the Atascadero Recreation Center Committee (ARCC) be provided to help implement the fundraising plan. This support is primarily Community Services Department staff time. An annual allocation of a percentage of the City's CDBG allocation is also being sought. The recommended percentage is approximately ten percent of the City's current level of CDBG funding. CONCLUSION• While the Historic Printery needs a great deal of work to make it more safe and accessible, it is a project worthy of the City's continued support. Even though some people may have reservations about the potential success of the financing and fundraising plan presented in this report, staff believes that the City of Atascadero owes those who are willing to conduct the fundraising effort the time and the opportunity to undertake the plan. After one to two years, we can evaluate the fundraising progress and make decisions about continuing as may be appropriate. For Atascadero's youth, this may be their best chance for the community to help them realize a Center that they can call their own. C:\CrrYCOUN\0409.RIYr 000159 Atascadero Recreation Center Committee ATASCADERO YOUTH RECREATION CENTER BUILDING RENOVATION FUNDING PLAN ARCHITECTS COST ESTIMATE $ 949,125.00 Earthquake/ADA Renovations- $ 720,000.00 Mechanical systems- $ 200,000.00 Asbestos removal- $ 13,000.00 Adminstrative Costs- $ 16,125.00 $ .75 ( mailing costs) x 2150 pledges x 10 years Note: The architects projections are estimated on full market cost. Donations of labor and material for specific projects and or competitive market forces may significantly reduce the overall cost of the retro-fit. ESTIMATED FUND RAISING REVENUE $ 965,000.00 Pledge Drive Campaign- $ 700,000.00 2000 pledges @ $25.00 x 10 yrs= $ 500,000.00 100 pledges @ $100.00 x 10 yrs= $ 100,000.00 50 pledges @ $250.00 x 10 yrs= $ 100,000.00 Special Events Fund-raisers $ 50,000.00 $ 5,000.00 x 10 yrs= $ 50,000..00 CDBG( Comm. Dev. Block Grants ) $ 200,000.00* 10% of$200,000.00 x 10 yrs= $ $ 200,000.00 *- contingent on City Council Authorization Current Building Funds $ 15,000.00 Misc. Grants $ unknown Could be a significant source of revenue. Note: Funds raised will be placed into interest bearing CD's and/ or Money Market acounts to attempt to reduce the effects of inflation. 000160 Atascadero Youth Recreation Center Pros and Cons of the Printery Building Site Advantages. 1. Historical Significance: The Printery is one of the most significant Historical buildings in town and is worthy of preservation on it's own merit. 2. Suitability: In it current configuration, the Printery is well suited to be a Youth Center. It has a gymnasium, a large kitchen, dining room, several potential offices, and a large room that can be easily converted into a teen lounge/game room and plenty of space left over for future expansion. The cost to build a similar building could be several million dollars. 3. Location: It is ideally located to be a Youth Center. It is located in the center of town, near a park and several sports fields and is right next to the Jr. High School. The downtown area is the place where kids congregate. A location downtown would be critical for the success of a YOuth Center. 4. Identification: It is already identified with youth, and the use of the building by kids can be expanded as soon as the building itself is made safer. Some limited special events for teens at the building have been very popular, including concerts, dancing and skate board demonstration. Soon a Skate Park will be built next to the building. 5. Optional locations: ARRC unsuccessfully searched for two years for another location. There are few other options available, particularly location that would not require the acquisition of land. *Disadvantages: 1. Cost: The Architects estimate of$920,000.00 to renovate the Printery Building is the most significant disadvantage. In order to raise this amount, there will need to be a significant effort on the part of the public to raise these funds. It can be argued that a new building could be built for this amount of money. 2. Joint Use Arrangement: The use-arrangement with the Atascadero Masonic Temple Association will require significant and constant cooperation and effort to continue to maintain a good working relationship between the City and the Association. In the optimum situation, would be the sole tenant and owner. 3. Design: Although the current building is well suited to be a Youth Center, it was not designed for this use. The gym is undersized and other spaces may need to be remodeled in the future depending on use patterns. Some of the spaces will not be usable in the future and a new building could be more suitable with a smaller overall square footage. 4. Proximity to Homes: The Printery site is adjacent to a row of single family homes on one side. There may be future objections to noise generated from the Youth Center. None of these residents responded to a notice of public hearing over the proposed location of the Skate Park. i 000161 Youth_Center Budget Prosection (Full op.) i VARIABLES #Coordinator 0 #hours/ Coor 20; #weeks/coordinator 52 Pay rate/Coord. 8.881, '#Service worker 1 #hours/svc wkr 10 #weeks/svc wkr 6 pay rate/svc wkr 5.51 Office supplies 50 Tools/equip replacm 100 ;water bill 600 electrical bill 3000 gas bill 1200 custodial supplies 100 building repair supp 500 contract svc/Maint. 150 #sml. events per yea 5 revenue/Irg. event 3001 #Irg. events per year 2 contract svc/floors 0: #long term rentals 20 $/month rental fee 475; #misc meetings 6 #revenue/sml. event 501 rental fee/hour mtg 0 Budget transfer cost 01 jConcession rental fee 0 #months 61 EXPENDITURES 205-10020 Part Time Salaries 26490.2 Service Wkrs (#svc wkr x #hrs x #wks x payrate)4 330 Rec Coor./Teens ( 20hrs x 52 wks x $8.88/hr.) 9235.2 Teen Center/ Rec I (5hrs. x 5dys x 37wks x $5/hr 4625 Teen Center/ Rec I (8hrs. x 2dys x 50wks x $5/hr 4000 Teen Center/ Rec I (8hrs. x 5dys x 14wks x $5/h► 2800 Skate/ Rec 1(2.5 hrs x 140 school days x payrate) 1750 Skate/ Rec 1(5hrs x 150 non-school days x payrat 3750 205-10030 Retirement 662 .25% x salaries= 205-10060 WComp 1028 3.88% compensation x Part time salaries= 205-10070 Medicare 384 1.45% compensation x part time salaries= 205-20003 Office Supplies 200 205-20015 Communications 500 205-20075 Utilities/water 500 205-20076 Utilities/Electricity 3000 205-20077 Utilities/Gas 1200 205-20103 Tools and Equipment Replacement 500 205-20125 Custodial supplies 600 205-20125 Builing Repair supplies 3000 205-20200 Recreation Supplies 0 1000 205-20401 Property Insurance Prem. 500 205-30099 Contracts 2400 Exterior Maintenance 1200 Interior Maintenance 1200 205-50100 Minor Capital Outlay 1,000 TdT }`: xRQ .EXPfrNE IT>JRES�:..::..:.....................::.:..:...:..:::;:.>;;;::>; <:::>: ......:::..:.:;>:: ::::::»:::.>: ::::.......::::.:;.;:.::...:..:............ . . Contract Class Revenue 0 0 3000 Getty Photgraphy lease 12 600 7200 Christ Chapel lease 12 500 6000 single event rentals ( #events x revenue per event) 600 Teen Special Event revenue 2000 Skate Park entry fees (20 skaters x $1 x 290 days) 5800 GROSS IEEIMIE: .:'>.>:`.>:::'' TOTAL NET PROGRAM COST 18364 000162 Youth Center Budget Projection (as is) --------------------------- , �VARIABLES � 0'#Coordinator 0 #hours/ Coor 0" #weeks/coordinator 52 Pay rate/Coord. 8.881' #Service worker 1 #hours/svc wkr 201 #weeks/svc wkr 12 pay rate/svc wkr 5.51 Office supplies 50 Tools/equip replacm 100 water bill 600 electrical bill 3000 :gas bill 1200 custodial supplies 100 building repair supp 500 contract svc/Maint. 150 1#sml. events per yea 5 revenue/Irg. event 3001 #Irg. events per year 2 contract svc/floors 0 #long term rentals 20 $/month rental fee 4751 I#misc meetings 6 #revenue/sml. event 501 'rental fee/hour mtg 0 Budget transfer cosi 01 Concession rental fee 0 #months 6i EXPENDITURES 205-10020 Part Time Salaries 6820 Service Wkrs (#svc wkr x #hrs x #wks x payrate)4 1320 Rec Coor./Teens ( 0 hrs x 52 wks x $8.88/hr.) 0 Rec I ( 0 events x 5hrs x $5/hr) 0 Skate/ Rec 1(2.5 hrs x 140 school days x payrate) 1750 Skate/ Rec 1(5hrs x 150 non-school days x payrat 3750 205-10030 Retirement 171 .25% x salaries= 205-10060 WComp 265 3.88% compensation x Part time salaries= 205-10070 Medicare 99 1.45% compensation x part time salaries= 205-20003 Office Supplies 200 205-20015 Communications 500 205-20075 Utilities/water 500 205-20076 Utilities/Electricity 3000 205-20077 Utilities/Gas 1200 205-20103 Tools and Equipment Replacement 500 205-20125 Custodial supplies 600 205-20125 Builing Repair supplies 5000 205-20200 Recreation Supplies 0 1000 205-20401 Property Insurance Prem. 500 205-30099 Contracts 2400 Exterior Maintenance 1200 Interior Maintenance 1200 205-50100 Minor Capital Outlay 2,500 TfT1fG E IrQS ::::: ::::::. ,::<.:.:::::.::.::................... ..................................................... ...... ....................................2Fv Z Kenyukan Karate lease 12 450 5400 Getty Photgraphy lease 12 600 7200 Christ Chapel lease 12 500 6000 Irg. single event rentals ( #events x revenue per event) 600 small. single event rentals ( #events x revenue per event) 250 Skate Park entry fees (20 skaters x $1 x 290 days) 5800 ARCC Donations p Ga4S #?EYENt;-E 252 . _ . TOTAL NET PROGRAM COST 4 0001G3