HomeMy WebLinkAboutAgenda Packet 08/13/1996 * PUBLIC REVIEW COPY "
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ATASCADERO'CITY COUNCIL` I`!t_
REGULAR MEETING
AUGUST 13, 1996
CITY ADMINISTRATION BUILDING
6500 PALMA AVENUE, 4T" FLOOR ROTUNDA ROOM
7:00 P.M.
George Ray George Harold Oavid
Luna Johnson Highland Carden Bewley
This agenda is prepared and,posted pursuant to the requirements of Govemment
code Section 54954.2. By listing a topic on this agenda, the City Council h is expressed its
intent to discuss and act on each item. In addition to any action identified in he brief general
description of each item, the action that may be taken shall include: A refetal to staff with
specific requests for information;continuance,specific'direction to staff conco ming the policy
or mission of the item; discontinuance of consideration; authorization to enter into
negotiations and execute agreements pertaining to the item; adoption or approval; and,
disappro val.
Copies of the staff reports or other documentation relating to each item of business
referred to on the agenda are on file in the office of the City Clerk (Room 08) and in the
Information Office(Room 103), available for public inspection during City Mall business hours.
The City Clerk will answer any questions regarding the agenda.
In compliance with the Americans with Disabilities Act if you need st ecief assistance
to participate in a City meeting or other services offered by this City, please contact the City
Managers 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 wil assist the City
staff in assuring that reasonable arrangements can be made to provide accnsibifty to the
meeting or service.
6:30 P.M. - CLOSED SESSION:
1) CONFERENCE WITH LABOR NEGOTIATOR:
Agency Negotiator: City Manager
Employee Organizations: Management; Mid-Management/Professional; Fire Captains;
Firefighters; Atascadero Sergeants Service Orgn.; Atascadero Police Officers Assoc.;
Atascadero Public Safety Technicians Orgn.; -Service Employees Intl, Union;
Confidential Employees
7:00 P.M. - REGULAR SESSION: (Please see Rules of Public Partici
vatioh back page)
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATIONS:
• Recognizing Bud Tanner,local contractor, and Leslie Ramsey, SLO
. : . County Builders
Exchange, for supervising the construction of Quarantine Project (Ph se I)at the
Charles Paddock Zoo
COMMUNITY FORUM:
• Millhollin Mine Update
COUNCIL COMMENTS -
I�
A. CONSENT
CALENDAR: A/1 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 Councilor
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 - July 9, 1996
(City Clerk's recommendation: Approve)
2. CITY TREASURER'S REPORT - June, 1996
(City Treasurer's recommendation: Review& accept)
3. RESOLUTION NO 63 96 Making findings and upholding the appeal of Busin
License application (American Classics) (continued from 719 & 7123196) ess
(Staff recommendation.: Adopt)'
4. FINAL PARCEL MAP 95-006, 6625 NAVAJOA - Division of an existing 0.47-acte
Parcel into four (4) lots to accommodate residential development (Gearhart/Cannon
Assoc.)'
(Staff recommendation: Approve)
B. PUBLIC HEARINGS
1• ,GENERAL PLAN AMENDMENT 95003/ZONE CHANGE 95006, 7470 EL CAMIN
REAL p
A. Resolution No. 73-96 - Approving an amendment to the General Plan Land'
Use Map designation from Office and Commercial Service to Commercial
Retail at 7470 El Camino Real
(Planning Commission recommendation: Adapt)
B. Ordinance No. 310 Amending Map 17 of the official zoning maps by
rezoning certain real property locatedat7470 El Camino Real from Com-
mercial Professional and Commercial Service to Commercial Retail (PD
1 1) and amending the Zoning Ordinance text to create Planned Development
Overlay #11
(Planning Commission recommendation: Waive reading in full and introduce
on first reading by title only)
2• ZONE CHANGE-96001/CONDITIONAL USE PERMIT 96001, 9705 EAST FRONT
ONT
A. Ordinance No. 308 - Amending the official Zoning Ordinance text to add
"Indoor Recreation Services" as an allowable use in the public zone
(Planning Commission recommendation: Waive reading in fu,l and introduce
on first reading by title only/
2
B. C.U.P. 96001
(Planning Commission recommendation: Approve)
C. REGULAR BUSINESS:
1. DISCUSS GIVING DIRECTION TO STAFF TO AMEND RES. NO. 122-94 REGARDING
AUTHORIZATION FOR USE OF LINE OF CREDIT AT MID-STAT BANK
(Staff recommendation: Provide direction)
2. RESOLUTION NO. 72-96 Re-authorizing an amended agreemerit with N.C.I. for
operation of the Lake Pavilion food concession
(Parks & Rec. Commission recommendation: Adopt)
3. CONSIDERATION OF A RECOMMENDATION FROM THE PARKf & RECREATION
COMMISSION TO ESTABLISH A MAINTENANCE ASSESSMEN7 DISTRICT FOR THE
CHARLES PADDOCK ZOO AND LAKE PARK
A. RESOLUTION NO. 76-96- Initiating proceedings to form a maintenance
assessment district for Atascadero Lake Park, Charles Paddock Zoo and Lake
Pavilion
(Parks & Rec. Commission recommendation; Adopt)
4. ORDINANCE NO. 307 - Amending Section 4-2.1008 and adding Sections 4-2.1009
and 4-2.1010 to the Atascadero Municipal Code, prohibiting skz teboarding and
roller skating on public property
(Staff recommendation: Adopt on second reading)
D. COMMITTEE REPORTS (The following represent standing commuees. Informative
status reports will 6e 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 Advi ory Group
4. Economic Round Table
5. Finance Committee
6. Air Pollution Control District
7. North County Council
8. Ad Hoc Regional Water Management Committee
9. Integrated Waste Management Authority
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk Set date for Traffic Committee applicant interviews Itentative 6:00
p.m., 8/27/96)
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.
4 All remarks shall be addressed to Council, as a whole, and not to any individual
member thereof.
4 No person shall be permitted to make slanderous, profane_or personal remarks
against any elected official, commissions and staff.
4 A person may speak for five (5) minutes.
4 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.
4 Council Members may question any speaker; the speaker may respond but,
after the allotted time has expired, may not initiate further discussion.
4 The floor will then be closed ;to public participation and open for Council
discussion.
COMMUNITY FORUM:
4 The Community Forum period is provided to receive comments from the public
on matters other than scheduled agenda items.
4 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.
Agenda Item: A-1
Meting Date: 8/13/96
ATASCADERO CITY COUNCIL
JULY 9, 1996
MINUTES
CLOSED SESSION:
The City met in Closed Session at 6:30 p.m. for purposes of discussions pertaining to:
1) CONFERENCE WITH LEGAL COUNCIL' ANTICIPATED LITIGATION
Significant exposure to litigation: One (1) case
2) CONFERENCE WITH LABOR NEGOTIATIOR:
Agency negotiator: City Manager
Employee organizations': Management; Mid-Management Professional; Fire
Captains; Firefighters; Atascadero Sergeants Service Org . Atascadero
Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service
Employees Intl. Union; Confidential Employees
3) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Police Chief
At 7.15 p.m., the City Council adjourned Closed Session. It was noted that Items #2
and 3 had been continued until the end of the regular session.
REGULAR SESSION:
The Mayor called the meeting to order at 7:16 p.m. Councilpe son Carden led the
Pledge of Allegiance.
ROLL CALL:
Present: Counciimembers Bewley, Carden, J hnson, Luna and
Mayor Highland
Absent: None
Also Present: Rudy Hernandez, City Treasurer and Le Price, City Clerk
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Page 1
Staff Present: Andy Takata, City Manager; Steve DeCamp City Planner;
Art Montandon, City Attorney; Roy Hanley, Deputy City
Attorney;; Brady Cherry, -Director of Community Services;
Brad Whitty, Finance Director; Bud McHale, Police Chief
Dan McGauley, Fire ,Marshal; Gary Kaiser, Assistant
Planner; Valerie Humphrey, Staff Assistant and John ,Neil,
Assistant City Engineer
COUNCIL COMMENTS:
Mayor Highland noted that the Council would move item #B-4"up and hear it as the
first of the public hearings. He also requested motions to add Item B-5 (delinquent
solid waste charges; an item previously noticed but which did not appear on the
agenda) and C-3 (resolutionsupporting funding for North County Campus of Cuesta
College; an urgency item requested by Counciimember Luna).
MOTION: By Councimember Luna, seconded by Councilmember Johnson to
add Items #B-5 and C-3; motion carried unanimously.
Millhollin Mine Update
Steve DeCamp reported that staff has completed the amended reclamation plan
and revised operational plan.- He noted that CEQA (California Environmental
Quality Act) documents are 80% complete and explained that dismissal documents
have been filed with the court on a related matter of pending litigation.
Public Comments
Donald Jones, 4585 Viscano, reported that he had met with the City Manager and
City Attorney regarding some concerns he has about current planning issues and
process. He noted' that after speaking to others who had attended' some of the
same Planning Commission meetings he had, there is a common feeling of
displeasure about the method in which the hearings were conducted. He
encouraged others to relate to the City Council their concerns.
Bob Combs, Robles Avenue resident, shared concern regarding recent rumors
relative to the Police Chief. He mentioned that his son, Ted Combs, retired
Superintendent of Police in Glasgow, Scotland, had visited Atascadero last year
and met Bud McHale. His son had been impressed with the Chief and told his
father that Atascadero has a "good man"
Leo Korba, 10905 Santa Ana Road, provided a status report on an application he
fired with the Public Utilities Commission (PUC) for extended area service.` Their
position on toll free to San Luis Obispo is tentatively not supportive because of
existing competition among long distance call,providers, he explained, and added
that he will continue to monitor the_progress.
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Page 2
i PRESENTATIONS:
Recognition to Gregg Cobarr for his service on the Atascadero Community
Services Foundation Board of Directors
Mayor Highland read the inscription on a plaque recognizing Gregg Cobarr, who
was not present.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - May 28, 1996
City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES - June 10, 1996 (Special Meeting)
City Clerk's recommendation: Approve)
3. CITY COUNCIL MINUTES June 11, 1996
City Clerk's recommendation: Approve)
4. CITY COUNCIL MINUTES June 25, 1996
(City Clerk's recommendation._ Approve)
• 5. TENTATIVE PARCEL MAP 96001, 4055 EL CAMINO REAL - Proposed
division of a 0.55 acre parcel into three (3) lots of 10,500, 6,850 and 6,850
square feet
(Planning Commission/staff recommendation: Approve)
6. RESOLUTION NO. 34-96 Urging the Commission on State Mandates to
approve Test Claim CSM 4500, sponsored by the City of Atascadero
(City Clerk's recommendation: Revise)
7. RESOLUTION NO. 63-96 - Making findings and upholding the appeal of
Business License application (American Classics)
8. RESOLUTION NO. 58-96 - Authorizing an agreement with KIQO-Pure Gold
Oldies 104 FM and Knights of Columbus for lease of the Atascadero Lake
Pavilion basement
9. ESTABLISHING ANNUAL ASSESSMENTS FOR STREET MAINTENANCE
DISTRICTS:
(Staff recommendation: Adopt)
A. Resolution No. 47-96 - Aguila Avenue
B. Resolution No. 48-96 - Cayucos Ave.
C. Resolution No. 49-96 - Falda Ave.
D. Resolution No. 50-96 - Lobos Ave.
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E. Resolution No. 51-96 - Maleza Ave.
F. Resolution No. 52-96 - Pinal Ave.
G. Resolution No. 53-96 - San Fernando Rd.
H. Resolution No. 54-96 - Sonora/Pinal Ave.
10. PLACEMENT OF ANNUAL SEWER ASSESSMENTS ON PROPERTY TAXES
FOR 1996-97 FISCAL YEAR
(Staff recommendation: Adopt)
A. Resolution No. 55-96 - Sewer Assessment Dist. #3 (Marchant Way)
B. Resolution No. 56-96 - Sewer Assessment Dist. #8 (San Gabriel Rd.)
C. Resolution No. 60-96 - Sewer Assessment Dist. #10 (Santa Rosa Rd.)
D. Resolution No. 61-96 - Sewer Assessment Dist. #9 (San Gabriel Rd.)
E. Resolution No. 62-96 - Sewer Assessment Dist. #7 (Santa Rosa Rd.)
The Mayor read the Consent Calendar and noted that staff has request that Item
#7 be continued. Councilmember Carden explained that he would abstain from
approval of interview session minutes (Item #3) due to absence. Rush Kolemaine
requested that Items #6 and 9 be pulled for questions.
MOTION: By Councilmember Carden, seconded by Councilmember Luna
to approve Items #1 ,2, 4, 5 and 8; motion passed 5:0.
MOTION: B Councilmember Bewley, seconded by Councilmember •
Y Y
Johnson to approve Item #3; motion passed 4:0 (Councilmember Carden
abstained).
Re: Item #6. RESOLUTION NO. 34-96 - Urging the Commission on State
Mandates to approve Test Claim CSM 4500, sponsored by the City of
Atascadero
(City Clerk's recommendation: Revise)
Rush Kolemaine requested more information about this item. The City Clerk
summarized the staff report and noted that this resolution is back for a minor
change to better emphasize the specific sections of the Elections Code that
mandated action by the City.
Re: Item #9. ESTABLISHING ANNUAL ASSESSMENTS FOR STREET
MAINTENANCE DISTRICTS Resolutions 47-96 through 54-96
(Staff recommendation: Adopt)
Rush Kolemaine requested clarification about how these assessments were formed
and how amounts were calculated. Valerie Humphrey summarized the staff report
in response.
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MOTION: By Councilmember Bewley, seconded by Councilmember Luna
• to approve Items #6 and 9; motion passed 5:0 by roll call vote.
B. PUBLIC HEARINGS
4. ORDINANCE NO. 307 - Adding Section 4-2.1009 to the Atascadero
Municipal Code, prohibiting skating and skateboarding on public sidewalks
and property
(Staff recommendation: Motion to waive reading in full and introduce on
first reading by title only)
Roy Hanley, Deputy City Attorney, introduced the item and explained that the
California Vehicle Code provides the Council with the authority to adopt an
ordinance regulating skateboarding and skating. He also noted that as the City's
prosecuting attorney, he can advise the Council on the aspect of enforcement.
Chief McHale provided the staff report. Lengthy Council questions and comments
followed.
Councilmember Luna, illustrating with an overhead transparency (see Exhibit A),
suggested that the present ordinance be revised by striking the language "privately
owned" and adding the "confiscation" clause as proposed by staff in the new
ordinance. He also recommended that "No Skateboarding" be revised to include
roller skating. The City Attorney proposed, "No Skating or Skateboarding".
Councilmember Luna emphasized that the ordinance would, with these simple
changes, be effective on any property properly posted. He proclaimed that it
would be unfair to take a city-wide action that would declare everyone who carries
a skateboard to be an outlaw.
Councilmember Johnson argued that he would like to see a "happy medium" and
spoke in support of providing a tool by which staff can use to make the present
ordinance more enforceable.
Councilmember Bewley pointed out that when he asked for a stiffer law, it was
because the old one isn't working. He emphasized that there are problems in
certain areas of town where skaters are loitering and harassing others and
explained that it is for this reason that a stronger ordinance is needed.
Councilmember Luna asserted,that the present ordinance, modified as he has
recommended, would do just that.
Councilmember Carden pointed out that the act of skating is not really the issue,
but rather the destruction of private property and the intimidation or harassment of
people is what is objectionable. He noted that other cities have ordinances
prohibiting "wilding" and asked the Deputy City Attorney if anything like this had
• been considered. Roy Hanley explained that while the concept is effective in
dealing with gang-related issues, it may not be applicable to Atascadero's
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situation.
Councilmember Johnson suggested that it might be appropriate to refer first-time
violators to Peer Court.
Mayor Highland commented that bike lanes planned for installation in the near
future on EI Camino Real and Traffic Way may help to resolve some of the
problems, but noted that meanwhile it is imperative that the City have an
ordinance that will target the "trouble-makers". He opened the hearing to public
testimony and requested that each speaker limit his/her comments to three
minutes.
Public Comments:
Speaking in support of the proposed ordinance were:
Rush Kolemaine, 4580 Potrero Road
Dwight Huffman (BIA President), 5943 Traffic Way
Laurel Wills (Wells Fargo Bank), 5955 East Mall
Ron Rudd (Adobe Plaza merchant), 8455 Carmelita
Sue Ryan (Taco Bell), 7385 El Camino Real
Dr. John Anderson, 5903 East Mall
Eric Greening, 7365 Valle
Speaking in opposition to the proposed ordinance were:
Julie Cardinez, 5301 Honda
Susan Macari, 4855 Sycamore
Rick Mathews, 6950 Navarette
Mike Dukum, Atajoa Road resident
Ben Hyman, Colorado Road resident
Kate Curry, Cristobal Avenue resident
Chris Galloway, Valle Avenue resident
Erica Brewster, Adobe Plaza business owner
Stacey George, 9275 Santa Margarita Road
Stephanie Daily, 5185 Alamo Avenue
Lynn Goettig, 5555 Valentina
Susan Warren, (North County Connection) 3556 EI Camino Real
Gayle McGee, Serra Road resident
Paul Hyman, Colorado Road resident
Fred Frank, 3615 Ardilla
Leo Korba, 10905 Santa Ana Road
Jason Crawford, 50 Telegraph Road
Andy Lanes, 4640 Yerba
Cassy Nicks, Yerba Avenue resident •
April Alley, Atascadero teen
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• Cole Mathews, 6855 Navarette
Lisa Hamon, Atascadero teen
Diane Grayton, Sycamore Road resident
Kevin Summers, Atascadero teen
Tim Caldwell, Atascadero High School student
John Macari, 4855 Sycamore Road
---end of public testimony---
The Mayor called a break at 9:40 p.m. At 9:50 p.m. the meeting reconvened.
The Police Chief responded to Council questions regarding how police officers deal
with complaints about skateboarders. Chief McHale reported that most officers
give at least one verbal warning before issuing a citation. Depending upon the
circumstances, he added, the officer may also seize the skateboard.
Councilmember Bewley argued in support of eliminating the chronic abusers and
stressed that he would like staff to work within the guidelines already established
by improving the enforcement process. Councilmember Luna agreed and asked
the Police Chief how the department tracks repeat violators. Chief McHale
indicated that the department keeps hand-written notes and added that if charged
with keeping a more sophisticated record of those warned, cited, etc., it can be
done.
Councilmember Carden asserted that he cannot support the proposed ordinance,
but indicated that he was in favor of adopting the minor modifications to the
existing ordinance as proposed by Councilmember Luna. Councilmember Johnson
remarked that he could support the revisions as proposed, but added that he fears
that the issue will come back at a future date because it may not address the
whole problem. Councilmember Bewley commented that he will support
Councilmember Luna`s modifications, but pleaded with the Police Department to
strengthen enforcement.
Councilmember Luna commended the Police Department for implementing bicycle
patrol and suggested that officers continue to get out in the community.
Mayor Highland suggested that staff be directed to go back to make the changes
as proposed and bring back the revised ordinance at the next meeting. He
asserted that one warning should be enough. There was mutual consent to direct
staff to draft, in the form of a new ordinance, revisions (as proposed by
Councilman Luna) to the existing "skateboard" ordinance and bring back the
matter back for consideration at the next Council meeting.
1. TENTATIVE PARCEL MAP 95001, 11750 SAN MARCOS RD. - Appeal of
Planning Commission inaction (3:3 vote) on proposed division of two lots of
7.50 acres and 10.42 acres into three (3) parcels of 5.96, 5.96 and 5.60
acres (Lindsay/Wilson Surveys)
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(Staff recommendation: Approve per City Council action of 5/14/96)
Steve DeCamp provided the staff report and summarized the events to-date on this
issue. Fire Marshal Dan McGauley responded to Council questions regarding the
weed abatement and fuel management plans required as part of the Conditions of
Approval.
Councilmember Luna asserted that he does not support the findings for approval.
He pointed out that the Council as a whole has not seen the fuel management plan
and, using an overhead transparency (see Exhibit B) to demonstrate requirements
for high fire severity zones as identified by State law (the "Bates bill"), commented
that he could not support Fire Department Condition #2. The Fire Marshal
indicated that he would not be opposed to amending the condition, but
emphasized that the Fire Department does not generally support the building of
homes in areas that preclude fire defense.
Mayor Highland commented that he, too, cannot support Fire Department
Condition #2.
Public Comments:
Robert M. "Grigger" Jones, representing the applicant, spoke in favor of approval
and commented his client would accept all Conditions of Approval, although they
have objections to Fire Department Condition #2.
Joy Greenburg, 11655 Cenegal Road, read a prepared statement in opposition to
the subdivision (see Exhibit C).
Ken Wilson, land surveyor representing the applicant, addressed the concerns
regarding drainage and erosion brought up by the previous speaker.
Councilmember Luna asked how many trees are to be removed, Mr. Wilson
responded that there were 20 and pointed out that with the possible exception of
one additional tree, no further trees would be removed for the building sites.
Councilmember Luna requested that staff clarify the City's tree replacement policy.
Steve DeCamp said the project was a good candidate for the tree fund but noted
that staff relies on the expertise of an arborist.
---end of public testimony---
Councilmember Luna proclaimed that he has no intention of supporting the
subdivision. He does, however, agree with the road abandonment and remarked
that it can be done without granting the subdivision. He reiterated disapproval for
Fire Department Condition #2 and urged its deletion.
MOTION: By Councilmember Carden, seconded by Councilmember
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Bewley to find the negative declaration adequate under the provisions of the
California Environmental Quality Act; motion passed 4:1 (Luna).
MOTION: By Councilmember Carden, seconded by Councilmember
.Bewley to approve Tentative Tract Map 95001 as modified by the
elimination of Fire Department Condition #2; motion carried 3:2
(Councilmember Luna and Mayor Highland opposed).
2. ZONE CHANGE 96002, TENTATIVE TRACT MAP 96001 AND
CONDITIONAL USE PERMIT 96004, 4700 TRAFFIC WAY - Appeal of
Planning Commission inaction on proposed 19-lot planned residential
development
(Staff recommendation: Uphold appeal and approve project with conditions
of approval revised during Planning Commission hearing)
Gary Kaiser provided the staff report and summarized the four actions required for
approval of the project. He emphasized that staff's recommendations for approval
are contingent upon modification of Conditions 29(a) and 29 (b)•
John Neil responded to questions regarding off-site drainage improvements and
pointed out that the acquisition of a storm drain within the existing right-of-way
would resolve a major, unfunded capital drainage improvement.
By motion duly made, seconded and approved, the City Council extended the
meeting beyond the hour of 11:00 p.m.
John Neil summarized the Master Storm Drainage Plan for the project and outlined
costs. The Finance Director reported on cash balances in various drainage impact
fee funds. The City Manager clarified that these fees are collected for
infrastructure improvements and must be used for that purpose or returned to the
applicant.
Public Comments:
John Faulkenstein, Canon Associates and representing the applicant, spoke in
support of the application. He argued that the density as zoned would be higher
than what is being proposed and noted two significant benefits to the City: (1)
off-site drainage improvements and (2) the creation of new, affordable housing.
He responded to brief questions by members of the Council.
John Goers, 5200 Dolores, voiced opposition to the project because of the density
level, increased noise, parking, the safety of children, impact to schools and the
removal of four native trees. He asserted that the project should not be approved
simply to fix a drainage situation.
Chris Temple, 6115 Buena Avenue, asked if the drainage situation will be
addressed in a timely manner and if consideration will be given to drainage on his
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street..
Steve Pascal, property owner at 4905 Traffic Way, expressed appreciation for the
attempt being made to address the drainage situation. He reported that his
industrially-zoned property floods regularly.
Paul Ricketts, 4475 Sycamore, voiced apprehension because construction will be
disruptive to the neighborhood.
Gary Graten, 4465 Sycamore, requested clarification about the design and
capacity of the Master Storm Drain. John Neil responded and reported that the
drainage improvements must be made before the map records.
Kris Hazard, 10060 Atascadero Avenue, spoke in favor of the project and urged
approval
Rush Kolemaine, 4580 Potrero Road, commented that he would have liked
additional information earlier in the process about the scope of the project,
including cost, and what the impact will be city-wide. He stated that he hopes
that the City does not end up with an unexpected expense as a result of the
project
Donald Jones, 4585 Viscano, asked for clarification about drainage easements. .
John Neil reported that if the applicant is not successful in acquiring the necessary
easement from the railroad, there is an alternate route proposed. Mr. Jones
expressed opposition to the project and argued that the merits of the project
should be considered without allowing the drainage solution to be the incentive for
approval. In addition, he expressed concern that prevailing wages be paid
---end of public testimony---
Council discussion followed. Councilmember Carden spoke in favor of approval
because it offers important benefits. He pointed out that the project is one unit
less than what is allowable by present zoning.
Councilmember Luna asked staff to clarify the number of trees to be removed.
Gary Kaiser reported that there are native trees on the sight, but noted that
mitigation measures more than cover the removal of one or two.
John Neil pointed out that it is not possible to separate the two issues (subdivision
approval and drainage solution) as proposed by Mr. Jones. The applicant will
incur costs of constructing the network and although they will not link together
right away, it will be a benefit to the City, he said. In addition, he reported that
there are other drainage improvement projects that will be proposed in the new
budget that will be paid for out of drainage impact fees. Andy Takata clarified that
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Page 10
all the money is unreserved, however, and explained that no specific projects have
yet been approved.
Councilmember Luna commented that he would prefer not to "piece-meal" the
drainage solution and suggested that if there are adequate funds for that purpose
in reserve, they should be spent to fix the whole situation at one time.
Councilmember Luna asked the City Attorney to speak to the issue of prevailing
wages. Art Montandon reported that it is the developer who takes the risk and
noted that the City will enter into an agreement with the developer before the
improvements are constructed.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson that Findings be made that the project would not have a significant
adverse effect on the environment and that the Negative Declaration
prepared for the project is adequate under the requirements of CEQA;
motion carried 5:0 by roll call vote.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to waive reading in full of Ordinance No. 306 and introduce on first
reading.
Discussion: Councilmember Carden indicated that he desired to address the
issue of building footprint size (Condition #41) and inquired if this was the
appropriate time to do so. Steve DeCamp indicated that the proper time to
address those issues would be when action is take on the Tentative Tract
Map.
(Note: The issue was not addressed at that time, despite
Councilmember Carden's intention to do so. At the meeting of
7/23/96, Condition #41 was modified, by motion, to allow for an
average building footprint size of 35%).
Vote on the motion to introduce ordinance: Motion passed 5:0 by roll call
vote.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve Conditional Use Permit #96004; motion passed 5:0 by
roll call vote.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve Tentative Tract Map 96001 based on the Findings for
Approval and the Conditions of Approval; motion passed 5:0 by roll call
vote.
Councilmember Bewley remarked that he would like to see exactly how much the
CC 7/9/96
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whole drainage solution would cost and agreed that it would be more desirable to
accomplish it all at once, rather than to "piece-meal" it. By consensus, staff was
directed to bring back calculations as part of the 96-97 budget process.
3. RESOLUTION NO. 57-96 - Authorizing placement of sewer service fees on
property tax rolls
(Staff recommendation: Adopt)
Valerie Humphrey summarized the staff report and recommended adoption.
MOTION: By Councilmember Carden, seconded by Counciimember
Bewley to adopt Resolution No. 57-96, motion carried 5:0 by roll call vote.
(For Item #13-4, see page 5).
5. RESOLUTION NO. 67-96 - Placing delinquent solid waste charges on the
1996-97 property tax rolls
(Staff Recommendation: Adopt)
Brad Whitty provided the staff report. He indicated that because of an oversight
by staff, this matter had not been properly noticed on the agenda. Atascadero
Waste Alternatives, Inc. had sent out notices to those with delinquent charges, he
said, and noted that their representative Michele Velasco was present for
questions. There were no questions or comments from Council or the public.
Mayor Highland recommended that this matter be continued until the next meeting
to ensure proper noticing. By mutual agreement, Council so ordered the matter re-
calendared for 7/23/96.
C. REGULAR BUSINESS:
1. RECONSIDERATION OF RESOLUTION NO. 21-96 - Authorizing the
retirement and transfer of ownership of police canine Rommel (addressed
3/26/96)
(Staff recommendation: Adopt)
Chief McHale provided the staff report and summarized options the Council may
wish to consider. He estimated that Rommel could serve an additional two to
three years of duty following re-training and estimated the cost at about $2,000.
In response to Council inquiry, the Chief noted that the department currently has
no funding for the purchase of another canine. He added that there have been
some preliminary offers of donations.
Public Comments:
Dr. DePaolo, 7129 San Gregorio Road, expressed a willingness to donate the ,
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funds necessary for re-training Rommel.
•
Eric Parkinson, legal counsel for former police officer William Tilley, argued that
the dog should be retired and sold to the handler for one dollar. He noted that this
was customary practice and indicated that the price proposed by the Police Chief
has nothing to do with the value of the dog. He added that have been no opinions
solicited by a qualified individual and contended that the police chief has a conflict
of interest with respect to the dog, because it was donated by a friend.
---end of public testimony---
Councilmember Luna commented that he believed re-training is appropriate and
does, therefore, support Alternative #2.
MOTION: By Councilmember Carden to approve Alternative #2 and
accept the offer of Dr. DePaleo to pay the costs of re-training.
Discussion: Art Montandon advised that Officer Tilley has a signed contract.
to purchase the dog for $1,000 and indicated that the Council cannot
rescind the contract without the consent of Officer Tilley. Eric Parkinson
noted that Mr. Tilley wants to keep the dog and will honor the contract, but
would like the price to be reduced.
Motion withdrawn - Councilmember Carden withdrew his motion.
MOTION: By Councilmember Bewley, seconded by Councilmember Luna
that the contract shall stand; motion passed 5:0 by ro/i ca// vote.
2. NOVEMBER 5, 1996 MUNICIPAL ELECTION
A. RESOLUTION NO. 64-96 - Calling and giving notice of the holding of
a General Municipal Election on Tuesday, November 5, 1996 for the election
of certain officers as required by the provisions of the laws of the State of
California relating to General Law cities and for the submission to the voters
a question relating to the ratification of the City of Atascadero's Transient
Occupancy Tax
(Staff recommendation: Adopt)
B. RESOLUTION NO. 65-96 - Requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal Election with
the General Statewide Election on Tuesday, November 5, 1996 and to
render specified election services to conduct said election
(Staff recommendation: Adopt)
The City Clerk provided the staff report and requested direction regarding a
proposed ballot measure. There was consensus to approve Option A, calling for a
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Page 13
question to appear on the ballot asking voters to ratify and approve the Transient
Occupancy Tax (TOT) approved by ordinance on October 13, 1992. •
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to adopt Resolution No. 64-96; motion carried 5:0 by roll call vote.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to adopt Resolution No. 65-96; motion carried 5:0 by roll call vote.
3. RESOLUTION NO. 68-96 - Urging the governor to support funding in the
State budget for a satellite campus for Cuesta College in northern San Luis
Obispo County
(Councilmember Luna's Recommendation: Adopt immediately)
Councilmember Luna indicated that he had requested that this matter be placed on
the agenda so that Council action to support state funding for a satellite campus
of Cuesta College in the North County could be sent to the Governor immediately.
He urged adoption and commented that support for the funding is important no
matter where in the North County the campus is located.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to adopt Resolution No. 68-96; motion passed 5:0.
D. COMMITTEE REPORTS (The following represent standing committees.
P
Informative status reports were given, as follows.):
1. Nacimiento Water Purveyors Advisory Group - The Mayor reported that the
committee had met the previous week.
2. North County Council - The Mayor reported on the executive committee
meeting of June 27th and noted that there was agreement to make
executive committee meetings quarterly.
3. Integrated Waste Management Authority - Councilmember Luna reported on
the last meeting and explained that the IWMA had purchased a tire shredder
to be planed at Chicago Grade Landfill. Andy Takata reported that the City
has met its 50% reduction in trash stream mandate.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilmember Luna requested that staff bring to Council all legislative bills
pertaining to fire protection and fuel management.
s
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Page 14
2. City Clerk
•
Lee Price reported that the City had received a check from the State in excess of
$4,000 representing reimbursement for mandated absentee ballot costs associated
with the Special Election of 1994 and noted that the funds were deposited into the
General Fund.
The meeting was adjourned at 92:40 a.m. The City Council reconvened Closed
Session for purposes of continued discussion regarding Items #2 and 3. The Closed
Session was adjourned at 9:00 a.m. There were no announcements.
MINUTES ECORDED�4ND P EPARED BY:
LEE PRI E, C.M.0
CITY CLERK
Attachments: Exhibit A - Luna
Exhibit B - Luna
Exhibit C - Greenburg
CC 719/96
Page 15
CC 7/9/96
EXHIBIT A
Sec. 4-2. 1008. Skateboards (roller skating) prohibited
where posted.
(a) It is unlawful for any person on a skateboard or
similar device (e.g. roller skates) to go on any ,r;
)w-H , sidewalk, parking lot or pedestrian walkway that is
generally held open for public use to serve a facility which
serves the public, including, but not limited to, shopping
centers, professional offices, malls, movie theaters,
restaurants, hotels, motels, retail stores, bowling alleys and
other business establishments, if properly posted as set
forth in subsection (b) of this section.
(b) To be properly posted, as required by subsection
(a) of this section, the property must have signs,
conspicuously posted and clearly visible in areas where
skateboarding is prohibited in order to provide reasonable
notice, which read as follows:
SKATEBOARD RIDING
PROHIBITED
A.M.C. SECTION 4-2. 1008
(Ord. 276 § 1, 1994)
Sec. 4-2. 1012 Seizure of evidence.
Any device used in violation of any provision of this
chapter may be seized by the enforcing officers as evidence
to be removed, stored, forfeited, destroyed or reclaimed in
accordance with the law.
CC 7/9/96
EXHIBIT B
AB337UNIFORM WEED FUEL MAN
(BATES) FIRE ABATUdENT A ►��'r' j
GC51175-51189 CODE ORDINANCE ERO�
IN VERY HIGH FIRE SEVERITY I YES YES YES YE5
ZONES ( �'
IN THE ENTIRE CITY NO YES { YES { YES:
DEFENSIBLE SPACE YES YES YES YES:
DISTANCES 0-30 FEET
DEFENSIBLE SPACE MAYBE MAYBE YES YES.
DISTANCES 30-100 FEET REQUIRED REQUIRED
DEFENSIBLE SPACE NO NO UNDEFINED YES
DISTANCES 100-400 FEET FIRE
CHIEF'S
DISCRETION
MAINTAIN ENTIRE PROPERTY_ NO NO UNDEFINED UNCLEAR
FIRE SAFE FIRE POSSI$LY
CHIEF'S
DISCRETION
APPLIES TO TREES I YES YES NO YES,
APPLIES TO SHRUBS YES YES YES
APPLIES TO WEEDS ( YES YES YES ICES
TREE PRUNING YES YES N/A YES
ADJACENT TO OR OVER-
HANGING STRUCTURES
• TREE PRUNING NO NO N/A YES
POSSIBLY 0-400 FEET OR
ENTIRE PROPERTY
APPLIES EQUALLY TO NEW YES YES YES NO; j
AND EXISTING CONSTRUC-
TION �.
APPLIES TO NEW CONSTRUC- NO NO NO YES=
TION ONLY
DEFENSIBLE SPACE OF NEW N/A N/A N/A YES
CONSTRUCTION MUST BE {
MAINTAINED BY FUTURE
OWNERS
SPECIAL TRACKING RE-
QUIRED
4 EXEMPTION FOR YES YES N1� ( UNCLEAR.
SINGLE SPECIMENS OF TREES
I
EXEMPTION FOR TIES YES UNDEFINED' UNCLEAR �
ORNAMENTAL SHRUBS FIRE M
CHIEF'S.
DISCRETION.
EXEMPTION FOR YES NO NO: NO
STRUCTURES WITH NON-
FLAMMABLE EXTERIORS
EXEMPTIONS FOR YES NO NO NO
SCENIC & HABITAT LANDS
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EXHIBIT C
JOY GREENBERG
11655 Cenegal Rd. .
Atascadero, CA 93422
July 9, 1996
ATASCADERO CITY COUNCIL
6500 Palma Ave.
Atascadero, CA 93422
Dear City Council Members,
Two months ago I addressed the city council regarding my concerns about the
subdivision of the Lindsay property and my support for the Planning Commission's
denial of this subdivision. These concerns are based largely upon the potential for
runoff and landslides due to the amount of grading and vegetation removal involved in
this project. Having been apprised of the staff report from the Fire Department
regarding suggestions for brush clearance, I am further alarmed that adherence to
these suggestions by Ms. Lindsay could exacerbate even more the already tenuous
situation regarding erosion on this mountainside?'�'As I said before, I live downslope from
the proposed subdivision, and I fear that the amount of grading and clearing performed
as part of this project could be disastrous in terms of future mudslides.
I sincerely question the wisdom of allowing the Fire Department to make such excessive
recommendations regarding brush clearance. Four hundred foot clearances may be
ideal in situations where there is less or no potential for runoff, but the expertise of the
Fire Department is in fire control, not erosion control. I believe that a better plan can
and should be proposed, and would like to go on record as holding the city of
Atascadero accountable and liable for any damages that result from erosion of this
mountainside if this subdivision is approved as is.
Sincerely,
�oyy reenberg
'r-Mese .� .5 ,, /� 'r '
160
a a drr,9�le -/A Asl�e
Agenda Item: A-1
Meeting Date: 8/13/96
ATASCADERO CITY COUNCIL
JULY 9, 1996
MINUTES
i
CLOSED SESSION:
The City met in Closed Session at 6:30 p.m. for purposes of discussions pertaining to:
1) CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED LITIGATION
Significant exposure to litigation: One (1) case
2) CONFERENCE WITH LABOR NEGOTIATIOR:
Agency negotiator: City Manager
Employee organizations: Management; Mid-Management/Professional; Fire
Captains; Firefighters; Atascadero Sergeants Service Orgn., Atascadero
Police Officers Assoc.; Atascadero Public Safety Technicians Orgn.; Service
Employees Intl. Union; Confidential Employees
3) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Police Chief
At 7. 15 p.m., the City Council adjourned Closed Session. It was noted that Items #2
and 3 had been continued until the end of the regular session.
REGULAR SESSION:
The Mayor called the meeting to order at 7:16 p.m. Councilperson Carden led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Carden, Johnson, Luna and
Mayor Highland
Absent: None
Also Present: Rudy Hernandez, City Treasurer and Lee Brice, City Clerk
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Page 1
Staff Present: Andy Takata, City Manager; Steve DeCamp, City Planner;
Art Montandon, City Attorney; Roy Hanley, Deputy City
Attorney; Brady Cherry, Director of Community Services;
Brad Whitty, Finance Director; Bud McHale, Police Chief;
Dan McGauley, Fire Marshal; Gary Kaiser, Assistant
Planner; Valerie Humphrey, Staff Assistant and John Neil,
Assistant City Engineer
COUNCIL COMMENTS:
Mayor Highland noted that the Council would move Item #13-4 up and hear it as the
first of the public hearings. He also requested motions to add Item B-5 (delinquent
solid waste charges; an item previously noticed but which did not appear on the
agenda) and C-3 (resolution supporting funding for North County Campus of Cuesta
College; an urgency item requested by Councilmember Luna).
MOTION: By Councilmember Luna, seconded by Councilmember Johnson to
add Items #13-5 and C-3; motion carried unanimously.
Millhollin Mine Update
Steve DeCamp reported that staff has completed the amended reclamation plan
and revised operational plan. He noted that CEQA (California Environmental
Quality Act) documents are 80% complete and explained that dismissal documents
have been filed with the court on a related matter of pending litigation.
Public Comments
Donald Jones, 4585 Viscano, reported that he had met with the City Manager and
City Attorney regarding some concerns he has about current planning issues and
process. He noted that after speaking to others who had attended some of the
same Planning Commission meetings he had, there is a common feeling of
displeasure about the method in which the hearings were conducted. He
encouraged others to relate to the City Council their concerns.
Bob Combs, Robles Avenue resident, shared concern regarding recent rumors
relative to the Police Chief. He mentioned that his son, Ted Combs, retired
Superintendent of Police in Glasgow, Scotland, had visited Atascadero last year
and met Bud McHale. His son had been impressed with the Chief and told his
father that Atascadero has a "good man".
Leo Korba, 10905 Santa Ana Road, provided a status report on an application he
filed with the Public Utilities Commission (PUC) for extended area service. Their
position on toll free to San Luis Obispo is tentatively not supportive because of
existing competition among long distance call providers, he explained, and added
that he will continue to monitor the progress.
CC 7/9/96
Page 2
• PRESENTATIONS:
Recognition to Gregg Cobarr for his service on the Atascadero Community
Services Foundation Board of Directors
Mayor Highland read the inscription on a plaque recognizing Gregg Cobarr, who
was not present.
A. CONSENT CALENDAR:
1. CITY COUNCIL MINUTES - May 28, 1996
City Clerk's recommendation: Approve)
2. CITY COUNCIL MINUTES - June 10, 1996 (Special Meeting)
City Clerk's recommendation: Approve)
3. CITY COUNCIL MINUTES - June 11 , 1996
City Clerk's, recommendation: Approve)
4. CITY COUNCIL MINUTES - June 25, 1996
(City Clerk's recommendation: Approve)
5. TENTATIVE PARCEL MAP 96001, 4055 EL CAMINO REAL';- Proposed
division of a 0.55 acre parcel into three (3) lots of 10,500,',6,850 and 6,850
square feet
(Planning Commission/staff recommendation: Approve)
6. RESOLUTION NO. 34-96 - Urging the Commission on State; Mandates to
approve Test Claim CSM 4500, sponsored by the City of Atascadero
(City Clerk's recommendation: Revise)
7. RESOLUTION NO. 63-96 - Making findings and upholding the appeal of
Business License application (American Classics)
8. RESOLUTION NO. 58-96 - Authorizing an agreement with KIQO-Pure Gold
Oldies 104 FM and Knights of Columbus for lease of the Atascadero Lake
Pavilion basement
9. ESTABLISHING ANNUAL ASSESSMENTS FOR STREET MAINTENANCE
DISTRICTS:
(Staff recommendation: Adopt)
A. Resolution No. 47-96 - Aguila Avenue
B. Resolution No. 48-96 - Cayucos Ave.
C. Resolution No. 49-96 - Falda Ave.
D. Resolution No. 50-96 - Lobos Ave.
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Page 3
E. Resolution No. 51-96 - Maleza Ave.
F. Resolution No. 52-96 - Pinal Ave. .
G. Resolution No. 53-96 - San Fernando Rd.
H. Resolution No. 54-96 - Sonora/final Ave.
10. PLACEMENT OF ANNUAL SEWER ASSESSMENTS ON PROPERTY TAXES
FOR 1996-97 FISCAL YEAR
(Staff recommendation: Adopt)
A. Resolution No. 55-96 - Sewer Assessment Dist. #3 (Marchant Way)
B. Resolution No. 56-96 - Sewer Assessment Dist. #8 (San Gabriel Rd.)
C. Resolution No. 60-96 - Sewer Assessment Dist. #10 (Santa Rosa Rd.)
D. Resolution No. 61-96 - Sewer Assessment Dist. #9 (San Gabriel Rd.)
E. Resolution No. 62-96 - Sewer Assessment Dist. #7 (Santa Rosa Rd.)
The Mayor read the Consent Calendar and noted that staff has request that Item
#7 be continued. Councilmember Carden explained that he would abstain from
approval of interview session minutes (Item #3) due to absence. Rush Kolemaine
requested that Items #6 and 9 be pulled for questions.
MOTION: By Councilmember Carden, seconded by Councilmember Luna
to approve Items #1,2, 4, 5 and 8; motion passed 5:0.
MOTION: By Councilmember Bewley, seconded by Councilmember
Johnson to approve Item #3; motion passed 4:0 (Councilmember Carden
abstained).
Re: Item #6. RESOLUTION NO. 34-96 - Urging the Commission on State
Mandates to approve Test Claim CSM 4500, sponsored by the City of
Atascadero
(City Clerk's recommendation: Revise)
Rush Kolemaine requested more information about this item. The City Clerk
summarized the staff report and noted that this resolution is back for a minor
change to better emphasize the specific sections of the Elections Code that
mandated action by the City.
Re: Item #9. ESTABLISHING ANNUAL ASSESSMENTS FOR STREET
MAINTENANCE DISTRICTS Resolutions 47-96 through 54-96
(Staff recommendation: Adopt)
Rush Kolemaine requested clarification about how these assessments were formed
and how amounts were calculated. Valerie Humphrey summarized the staff report
in response.
CC 7/9/96
Page 4
MOTION: By Councilmember Bewley, seconded by Councilmember Luna
to approve Items #6 and 9; motion passed 5:0 by roll call vote.
B. PUBLIC HEARINGS
4. ORDINANCE NO. 307 - Adding Section 4-2.1009 to the Atascadero
Municipal Code, prohibiting skating and skateboarding on public sidewalks
and property
(Staff recommendation: Motion to waive reading in full and introduce on
first reading by title only)
Roy Hanley, Deputy City Attorney, introduced the item and explained that the
California Vehicle Code provides the Council with the authority to adopt an
ordinance regulating skateboarding and skating. He also noted that as the City's
prosecuting attorney, he can advise the Council on the aspect of enforcement.
Chief McHale provided the staff report. Lengthy Council questions and comments
followed.
Councilmember Luna, illustrating with an overhead transparency (see Exhibit A),
suggested that the present ordinance be revised by striking the language "privately
owned" and adding the "confiscation" clause as proposed by staff in the new
ordinance. He also recommended that "No Skateboarding" be revised to include
• roller skating. The City Attorney proposed, "No Skating or Skateboarding".
Councilmember Luna emphasized that the ordinance would, with these simple
changes, be effective on any property properly posted. He proclaimed that it
would be unfair to take a city-wide action that would declare everyone who carries
a skateboard to be an outlaw.
Councilmember Johnson argued that he would like to see a "happy medium" and
spoke in support of providing a tool by which staff can use to mare the present
ordinance more enforceable.
Councilmember Bewley pointed out that when he asked for a stiffer law, it was
because the old one isn't working. He emphasized that there are problems in
certain areas of town where skaters are loitering and harassing others and
explained that it is for this reason that a stronger ordinance is needed.
Councilmember Luna asserted that the present ordinance, modified as he has
recommended, would do just that.
Councilmember Carden pointed out that the act of skating is not really the issue,
but rather the destruction of private property and the intimidation dor harassment of
people is what is objectionable. He noted that other cities have ordinances
prohibiting "wilding" and asked the Deputy City Attorney if anything like this had
been considered. Roy Hanley explained that while the concept is effective in
• dealing with gang-related issues, it may not be applicable to Atascadero's
CC 7/9/96
Page 5
situation.
Councilmember Johnson suggested that it might be appropriate to refer first-time
violators to Peer Court.
Mayor Highland commented that bike lanes planned for installation in the near
future on EI Camino Real and Traffic Way may help to resolve some of the
problems, but noted that meanwhile it is imperative that the City have an
ordinance that will target the "trouble-makers". He opened the hearing to public
testimony and requested that each speaker limit his/her comments to three
minutes.
Public Comments:
Speaking in support of the proposed ordinance were:
Rush Kolemaine, 4580 Potrero Road
Dwight Huffman (BIA President), 5943 Traffic Way
Laurel Wills (Wells Fargo Bank), 5955 East Mall
Ron Rudd (Adobe Plaza merchant), 8455 Carmelita
Sue Ryan (Taco Bell), 7385 El Camino Real
Dr. John Anderson, 5903 East Mall
Speaking in opposition to the proposed ordinance were: •
Julie Cardinez, 5301 Honda
Susan Macari, 4855 Sycamore
Rick Mathews, 6950 Navarette
Mike Dukum, Atajoa Road resident
Ben Hyman, Colorado Road resident
Eric Greening, 7365 Valle
Kate Curry, Cristobal Avenue resident
Chris Galloway, Valle Avenue resident
Erica Brewster, Adobe Plaza business owner
Stacey George, 9275 Santa Margarita Road
Stephanie Daily, 5185 Alamo Avenue
Lynn Goettig, 5555 Valentina
Susan Warren, (North County Connection) 3556 EI Camino Real
Gayle McGee, Serra Road resident
Paul Hyman, Colorado Road resident
Fred Frank, 3615 Ardilla
Leo Korba, 10905 Santa Ana Road
Jason Crawford, 50 Telegraph Road
Andy Lanes, 4640 Yerba
Cassy Nicks, Yerba Avenue resident
April Alley, Atascadero teen .
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Page 6
Cole Mathews, 6855 Navarette
Lisa Hamon, Atascadero teen
Diane Grayton, Sycamore Road resident
Kevin Summers, Atascadero teen
Tim Caldwell, Atascadero High School student
John Macari, 4855 Sycamore Road
---end of public testimony---
The Mayor called a break at 9:40 p.m. At 9:50 p.m. the meeting reconvened.
The Police Chief responded to Council questions regarding how police officers deal
with complaints about skateboarders. Chief McHale reported that Imost officers
give at least one verbal warning before issuing a citation. Depending upon the
circumstances, he added, the officer may also seize the skateboard.
Councilmember Bewley argued in support of eliminating the chronic abusers and
stressed that he would like staff to work within the guidelines already established
by improving the enforcement process. Councilmember Luna agreed and asked
the Police Chief how the department tracks repeat violators. Chief McHale
indicated that the department keeps hand-written notes and added that if charged
with keeping a more sophisticated record of those warned, cited, etc., it can be
done.
Councilmember Carden asserted that he cannot support the proposed ordinance
pp p p ,
but indicated that he was in favor of adopting the minor modifications to the
existing ordinance as proposed by Councilmember Luna. Councilmember Johnson
remarked that he could support the revisions as proposed, but added that he fears
that the issue will come back at a future date because it may not address the
whole problem. Councilmember Bewley commented that he will support
Councilmember Luna's modifications, but pleaded with the Police Department to
strengthen enforcement.
Councilmember Luna commended the Police Department for implementing bicycle
patrol and suggested that officers continue to get out in the community.
Mayor Highland suggested that staff be directed to go back to make the changes
as proposed and bring back the revised ordinance at the next meeting. He
asserted that one warning should be enough. There was mutual consent to direct
staff to draft, in the form of a new ordinance, revisions (as proposed by
Councilman Luna) to the existing "skateboard"ordinance and bring back the
matter back for consideration at the next Council meeting.
1. TENTATIVE PARCEL MAP 95001, 11750 SAN MARCOS RD. Appeal of
Planning Commission inaction (3:3 vote) on proposed division of two lots of
7.50 acres and 10.42 acres into three (3) parcels of 5.96, 5.96 and 5.60
acres (Lindsay/Wilson Surveys)
CC 7/9/96
Page 7
(Staff recommendation: Approve per City Council action of 5/14/96)
Steve DeCamp provided the staff report and summarized the events to-date on this
issue. Fire Marshal Dan McGauley responded to Council questions regarding the
weed abatement and fuel management plans required as part of the Conditions of
Approval.
Councilmember Luna asserted that he does not support the findings for approval.
He pointed out that the Council as a whole has not seen the fuel management plan
and, using an overhead transparency (see Exhibit B) to demonstrate requirements
for high fire severity zones as identified by State law (the "Bates bill"), commented
that he could not support Fire Department Condition #2. The Fire Marshal
indicated that he would not be opposed to amending the condition, but
emphasized that the Fire Department does not generally support the building of
homes in areas that preclude fire defense.
Mayor Highland commented that he, too, cannot support Fire Department
Condition #2.
Public Comments:
Robert M. "trigger" Jones, representing the applicant, spoke in favor of approval
and commented his client would accept all Conditions of Approval, although they
have objections to Fire Department Condition #2.
Joy Greenburg, 11655 Cenegai Road, read a prepared statement in opposition to
the subdivision (see Exhibit Q.
Ken Wilson, land surveyor representing the applicant, addressed the concerns
regarding drainage and erosion brought up by the previous speaker.
Councilmember Luna asked how many trees are to be removed, Mr. Wilson
responded that there were 20 and pointed out that with the possible exception of
one additional tree, no further trees would be removed for the building sites.
Councilmember Luna requested that staff clarify the City's tree replacement policy.
Steve DeCamp said the project was a good candidate for the tree fund but noted
that staff relies on the expertise of an arborist.
---end of public testimony---
Councilmember Luna proclaimed that he has no intention of supporting the
subdivision. He does, however, agree with the road abandonment and remarked
that it can be done without granting the subdivision. He reiterated disapproval for
Fire Department Condition #2 and urged its deletion.
MOTION: By Councilmember Carden, seconded by Councilmember
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Page 8
Bewley to find the negative declaration adequate under the provisions of the
California Environmental Quality Act; motion passed 4:1 (Luna).
MOTION: By Councilmember Carden, seconded by Councilmember
Bewley to approve Tentative Tract Map 95001 as modifiedby the
elimination of Fire Department Condition #2; motion carried 3:2
(Councilmember Luna and Mayor Highland opposed).
2. ZONE CHANGE 96002, TENTATIVE TRACT MAP 96001 AND
CONDITIONAL USE PERMIT 96004, 4700 TRAFFIC WAY - Appeal of
Planning Commission inaction on proposed 19-lot planned residential
development
(Staff recommendation: Uphold appeal and approve project with conditions
of approval revised during Planning Commission hearing)
Gary Kaiser provided the staff report and summarized the four actions required for
approval of the project. He emphasized that staff's recommendations for approval
are contingent upon modification of Conditions 29(a) and 29 (b). ,
John Neil responded to questions regarding off-site drainage improvements and
pointed out that the acquisition of a storm drain within the existing right-of-way
would resolve a major, unfunded capital drainage improvement.
By motion duly made, seconded and approved, the City Council extended the
meeting beyond the hour of 11:00 p.m.
John Neil summarized the Master Storm Drainage Plan for the project and outlined
costs. The Finance Director reported on cash balances in various drainage impact
fee funds. The City Manager clarified that these fees are collected for
infrastructure improvements and must be used for that purpose orreturned to the
applicant.
Public Comments:
John Faulkenstein, Canon Associates and representing the applicant, spoke in
support of the application. He argued that the density as zoned would be higher
than what is being proposed and noted two significant benefits to the City: (1)
off-site drainage improvements and (2) the creation of new, affordable housing.
He responded to brief questions by members of the Council.
John Goers, 5200 Dolores, voiced opposition to the project because of the density
level, increased noise, parking, the safety of children, impact to schools and the
removal of four native trees. He asserted that the project should not be approved
simply to fix a drainage situation.
Chris Temple, 6115 Buena Avenue, asked if the drainage situation will be
addressed in a timely manner and if consideration will be given to drainage on his
CC 7/9/96
Page 9
street.
Steve Pascal, property owner at 4905 Traffic Way, expressed appreciation for the
attempt being made to address the drainage situation. He reported that his
industrially-zoned property floods regularly.
Paul Ricketts, 4475 Sycamore, voiced apprehension because construction will be
disruptive to the neighborhood.
Gary Graten, 4465 Sycamore, requested clarification about the design and
capacity of the Master Storm Drain. John Neil responded and reported that the
drainage improvements must be made before the map records.
Kris Hazard, 10060 Atascadero Avenue, spoke in favor of the project and urged
approval.
Rush Kolemaine, 4580 Potrero Road, commented that he would have liked
additional information earlier in the process about the scope of the project,
including cost, and what the impact will be city-wide. He stated that he hopes
that the City does not end up with an unexpected expense as a result of the
project.
Donald Jones, 4585 Viscano, asked for clarification about drainage easements.
John Neil reported that if the applicant is not successful in acquiring the necessary
easement from the railroad, there is an alternate route proposed. Mr. Jones
expressed opposition to the project and argued that the merits of the project
should be considered without allowing the drainage solution to be the incentive for
approval. In addition, he expressed concern that prevailing wages be paid - -�
---end of public testimony---
Council discussion followed. Councilmember Carden spoke in favor of approval
because it offers important benefits. He pointed out that the project is one unit
less than what is allowable by present zoning.
Councilmember Luna asked staff to clarify the number of trees to be removed.
Gary Kaiser reported that there are native trees on the sight, but noted that
mitigation measures more than cover the removal of one or two.
John Neil pointed out that it is not possible to separate the two issues (subdivision
approval and drainage solution) as proposed by Mr. Jones. The applicant will
incur costs of constructing the network and although they will not link together
right away, it will be a benefit to the City, he said. In addition, he reported that
there are other drainage improvement projects that will be proposed in the new
budget that will be paid for out of drainage impact fees. Andy Takata clarified that
CC 7/9/96
Page 10
all the money is unreserved, however, and explained that no specific projects have
yet been approved.
Councilmember Luna commented that he would prefer not to "piece-meal" the
drainage solution and suggested that if there are adequate funds for that purpose
in reserve, they should be spent to fix the whole situation at one time.
Councilmember Luna asked the City Attorney to speak to the issue of prevailing
wages. Art Montandon reported that it is the developer who takes the risk and
noted that the City will enter into an agreement with the developer before the
improvements are constructed.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson that Findings be made that the project would not have a significant
adverse effect on the environment and that the Negative Declaration
prepared for the project is adequate under the requirements of CEQA;
motion carried 5:0 by rofl call vote.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to waive reading in full of Ordinance No. 306 and''introduce on first
reading.
Discussion: Councilmember Carden indicated that he desired to address the
. issue of building footprint size (Condition #41) and inquired, if this was the
appropriate time to do so. Steve DeCamp indicated that the proper time to
address those issues would be when action is take on the Tentative Tract
Map.
(Note: The issue was not addressed at that time, despite
Councilmember Carden's intention to do so. At the Meeting of
7/23/96, Condition #41 was modified, by motion, to allow for an
average building footprint size of 35%).
Vote on the motion to introduce ordinance: Motion passed 5:0 by roll call
vote.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve Conditional Use Permit #96004; motion passed 5:0 by
roll call vote.
MOTION: By Councilmember Carden, seconded by Councilmember
Johnson to approve Tentative Tract Map 96001 based on the Findings for
Approval and the Conditions of Approval; motion passed 50 by roll call
vote.
Councilmember Bewley remarked that he would like to see exactly how much the
•
CC 7/9/96
Page 11
whole drainage solution would cost and agreed that it would be more desirable to
accomplish it all at once, rather than to "piece-meal" it. By consensus, staff was
directed to bring back calculations as part of the 96-97 budget process.
3. RESOLUTION NO. 57-96 - Authorizing placement of sewer service fees on
property tax rolls
(Staff recommendation: Adopt)
Valerie Humphrey summarized the staff report and recommended adoption.
MOTION: By Councilmember Carden, seconded by Councilmember
Bewley to adopt Resolution No. 57-96, motion carried 5:0 by roll call vote.
(For Item #B-4, see page 5).
5. RESOLUTION NO. 67-96 - Placing delinquent solid waste charges on the
1996-97 property tax rolls
(Staff Recommendation: Adopt)
Brad Whitty provided the staff report. He indicated that because of an oversight
by staff, this matter had not been properly noticed on the agenda. Atascadero
Waste Alternatives, Inc. had sent out notices to those with delinquent charges, he
said, and noted that their representative Michele Velasco was present for
questions. There were no questions or comments from Council or the public.
Mayor Highland recommended that this matter be continued until the next meeting
to ensure proper noticing. By mutual agreement, Council so ordered the matter re-
calendared for 7/23/96.
C. REGULAR BUSINESS:
1. RECONSIDERATION OF RESOLUTION NO. 21-96 - Authorizing the
retirement and transfer of ownership of police canine Rommel (addressed
3/26/96)
(Staff recommendation: Adopt)
Chief McHale provided the staff report and summarized options the Council may
wish to consider. He estimated that Rommel could serve an additional two to
three years of duty following re-training and estimated the cost at about $2,000.
In response to Council inquiry, the Chief noted that the department currently has
no funding for the purchase of another canine. He added that there have been
some preliminary offers of donations.
Public Comments:
Dr. DePaolo, 7129 San Gregorio Road, expressed a willingness to donate the •
CC 7/9/96
Page 12
funds necessary for re-training Rommel.
. Eric Parkinson, legal counsel for former police officer William Tilley, argued g ed that
the dog should be retired and sold to the handler for one dollar. He noted that this
was customary practice and indicated that the price proposed by the Police Chief
has nothing to do with the value of the dog. He added that have been no opinions
solicited by a qualified individual and contended that the police chief has a conflict
of interest with respect to the dog, because it was donated by a friend.
---end of public testimony---
Councilmember Luna commented that he believed re-training is appropriate and
does, therefore, support Alternative #2.
MOTION: By Councilmember Carden to approve Alternative #2 and
accept the offer of Dr. DePaleo to pay the costs of re-training.
Discussion: Art Montandon advised that Officer Tilley has a signed contract
to purchase the dog for $1,000 and indicated that the Council cannot
rescind the contract without the consent of Officer Tilley. Eric Parkinson
noted that Mr. Tilley wants to keep the dog and will honor the contract, but
would like the price to be reduced.
Motion withdrawn - Councilmember Carden withdrew his motion.
MOTION: By Councilmember Bewley, seconded by Councilmember Luna
that the contract shall stand; motion passed 5.0 by roll call''vote.
2. NOVEMBER 5, 1996 MUNICIPAL ELECTION
A. RESOLUTION NO. 64-96 - Calling and giving notice of the holding of
a General Municipal Election on Tuesday, November 5, 1996 for the election
of certain officers as required by the provisions of the laws of the State of
California relating to General Law cities and for the submission to the voters
a question relating to the ratification of the City of Atascadero's Transient
Occupancy Tax
(Staff recommendation: Adopt)
B. RESOLUTION NO. 65-96 - Requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal Election with
the General Statewide Election on Tuesday, November 5, 1996 and to
render specified election services to conduct said election
(Staff recommendation: Adopt)
The City Clerk provided the staff report and requested direction regarding a
proposed ballot measure. There was consensus to approve Option A, calling for a
CC 7/9/96
Page 13
question to appear on the ballot asking voters to ratify and approve the Transient
Occupancy Tax (TOT) approved by ordinance on October 13, 1992.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley'
to adopt Resolution No. 64-96; motion carried 5:0 by roll call vote.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to adopt Resolution No. 65-96; motion carried 5:0 by roll call vote.
3. RESOLUTION NO. 68-96 - Urging the governor to support funding in the
State budget for a satellite campus for Cuesta College in northern San Luis
Obispo County
(Councilmember Luna's Recommendation: Adopt immediately)
Councilmember Luna indicated that he had requested that this matter be placed on
the agenda so that Council action to support state funding for a satellite campus
of Cuesta College in the North County could be sent to the Governor immediately.
He urged adoption and commented that support for the funding is important no
matter where in the North County the campus is located.
MOTION: By Councilmember Luna, seconded by Councilmember Bewley
to adopt Resolution No. 68-96; motion passed 5:0.
D. COMMITTEE REPORTS (The following p 9 represent standing committees.
Informative status reports were given, as follows.):
1. Nacimiento Water Purveyors Advisory Group - The Mayor reported that the
committee had met the previous week.
2. North County Council - The Mayor reported on the executive committee
meeting of June 27th and noted that there was agreement to make
executive committee meetings quarterly.
3. Integrated Waste Management Authority - Councilmember Luna reported on
the last meeting and explained that the IWMA had purchased a tire shredder
to be placed at Chicago Grade Landfill. Andy Takata reported that the City
has met its 50% reduction in trash stream mandate.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Councilmember Luna requested that staff bring to Council all legislative bills
pertaining to fire protection and fuel management.
CC 7/9/96
Page 14
2. City Clerk
Lee Price reported that the Cit had
City received a check from the State in excess of
$4,000 representing reimbursement for mandated absentee ballot costs associated
with the Special Election of 1994 and noted that the funds were deposited into the
General Fund.
The meeting was adjourned at 12:40 a.m. The City Council reconvened Closed
Session for purposes of continued discussion regarding Items #2 and 3. The Closed
Session was adjourned at 1:00 a.m. There were no announcements.
MINUTES ECORDED�AND P EPARED BY:
Lc
LEE PRI E, C.M.0
CITY CLERK
Attachments: Exhibit A - Luna
Exhibit B - Luna
Exhibit C - Greenburg
•
CC 7/9/96
Page 15
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: A-2
From: Rudy Hernandez, City Treasurer Meeting Dat 8/13/96
SUBJECT: Treasurer's Report - June, 1996
RECOMMENDATION
Council review and accept.
Attachment: Treasurer's Report, June, 1996-
000001
TREASURER'S REPORT
FOR THE MONTH OF June, 1996 (UNAUDITED)
ACCOUNT INVESTMENTS AGENT TOTAL
BEGIN. BALANCE $618, 696 $6, 301, 629 $503,888 $7,424, 213
RECEIPTS 539, 628 133, 910 673, 538
DISBURSEMENTS <2, 136, 122> <2, 136, 122>
TRANSFERS IN 1, 465, 000 -0- 1,465, 000
TRANSFERS OUT 1<1, 168, 000> -0- <11168, 000>
OTHER -0- -0- -0`
BALANCE $487, 202 $5, 133, 629 $637, 798 6, 258, 629
DEPOSITS IN
TRANSIT 68,482
CHECKS OUTSTANDING <310,215>
ADJUSTMENTS -0
ADJUSTED TREASURER'S BALANCE _6,016 896
CITY OF ATASCADERO
. RNANDEZ
Cit
#63
000002
ALL FUNDS-GENERAL ACCOUNT/INVESTMENT
RESERVED UNRESERVED
CASH (1) CASH(2)
FUNDS
General Fund Pooled Cash 35,000 $731,213
Gas Tax Fund Pooled Cash 35,300
Development Fee Pooled Cash 795
Donations Poolcd Cash 2,585
A.D.#4-Reserve Pooled Cash 0 44,789
Zoo Enterprise Pooled Cash -25,142
Camino Real Reserve 0 12,990
92 St.A.D.Resrv.Pooled Cash 2
Payroll Trust Pooled Cash 39,158
TRAN Repayment Pooled Cash -71,456
94 CDBG Pooled Cash 13,017
93 STBG-688 Pooled Cash 0
93 EDBG-268 Pooled Cash 15
95 CDBG Pooled Cash 8,233
Dial-A-Ride Pooled Cash 96,834
Wastewater Fund Pooled Cash 837,114
Lake Park Pavil.Pooled Cash -22,934
Aquatics Pooled Cash -3,040
Recreation Pooled Cash -20,138
Tree Plant Fund Pooled Cash 32,684
Tree Assn.Fund Pooled Cash 23
Sidewalk Trust Pooled Cash 43,803
Emergency Services Pooled Cash -25,456
Police Training Pooled Cash -3,737
Weed Abatement Pooled Cash 32,860
A.D.#3 Redemptn.Pooled Cash 6,077
A.D.#4 Redemptn.Pooled Cash 56,181
A.D.#5 Redemptn.Pooled Cash 57
Camino Real Redempt.Pooled Cash 133,279
92 Street A.D.Redemptn.Pooled Cash 75,801
Santa Ana A.D.#7 -938
89 COP Debt Svc.Pooled Cash 5,821
Capital Project Pooled Cash -146,074
Pol.Dev.Fees Pooled Cash 43,127
Fire Dev.Fees Pooled Cash 53,986
P&R Dev.Fees Pooled Cash 48,753
Drain.Dev.Fees Pooled Cash 447,814
Amapoa-Tec.Fee Pooled Cash P 179,119
Public Works Pooled Cash 492,198
St.Main.Dist.Pooled Cash 44,904
TDA Non-Transit Pooled Cash 84,487
Sewer Facilities Capital 2,073,095
Camino Real Const.Pooled Cash 16,313
Las Encinas Const.Pooled Cash 5,476
3-F Meadows Const.Pooled Cash 4,341
Santa Rosa A.D.#7 Pooled Cash 58,896
COPS Fast Grant -11,874
TOTAL ALL FUNDS $292,897 $5,086,200
CASH WITH FISCAL AGENT
Camino Real Resr.Cash 199,890
92 St.A.D.Resvr.Cash 45,957
Wastewater Fund Cash 60,403
Camino Real Redem.Cash 33
92 St.A.D.Redm.Cash 3
89 COP Debt Serv.Cash 331,513
TOTAL WITH FISCAL AGENT $637,799
TOTAL OF ALL CASH $6,016,896 000003
INVESTMENTS
TIME DEPOSITS
CERTIFICATES OF DEPOSIT, SAVINGS, AND
LOCAL AGENCY INVESTMENT FUND
June, 1996
INTEREST
TIME DEPOSITS: AMOUNT RECEIVED
Orange County Investment Pool/TRAN $ -0- $1, 609 (6)
Orange County Investment Pool -0- 51, 206 (6)
Local Agency Investment Fund - Reg. 4, 999, 629
Santa Lucia C.D. 35, 000 899
Union Bank C.D. 99, 000
Local Agency Investment Fund - TRAN -0- (3) 283, 906
TOTAL TIME DEPOSITS $5, 133, 629 336, 721
Mid-State Interest Received 10, 245
TOTAL INTEREST RECEIVED $347, 865 (5)
Notes:
(1) Reserved Fund Cash is specified for City debt service.
(2) Unreserved Fund cash can be used for normal operations of the City.
(3) On June 26, 1996, the City repaid the Tax Revenue Anticipation 'Note
(IRAN) in the amount of $1, 266, 517 .08. Of this amount, $1, 210, 000 was
principal and $56, 517 .08 was interest (4 .75 per annum) .
(4) June, 1996 interest yields were as follows:
Orange County Not available
LAIF 5.540
Mid-State 2. 42%
(5) This is actual amount deposited to City accounts and does not reflect
interest amounts accrued but not received. Also not included above
are interest amounts earned in Fiscal Agent or County accounts, which
are used for bond retirement purposes.
(6) On December 6th, Orange County filed a Chapter 9 bankruptcy with the
courts. The City recognized a loss of $1, 155, 283. 04 on the OCIP for
the 1994-95 fiscal year. The City is attempting to recover the
principal plus interest through a lawsuit filed against the OCIP.
The interest received above is post-petition interest for the period
from December 1, 1994 through July 20, 1995.
0000011
DATE
!13/9
REV/SEED
RESOLUTION NO. 63-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A ASCADERO
ADOPTING FINDINGS OF UPHOLDING THE APPEAL OF
A LAND USE DETERMINATION FOR 5680 EL CAMINO REAL
WHEREAS, The ("property") owners of 5680 EI Camino Real have appealed to
the City Council City staff's land use determination upon said prop rty; and
WHEREAS, City staff's determination was that the proposed use of `the
property as an auto body repair facility is not an allowed use in the downtown
commercial zone; and
WHEREAS, The City Council has heard and considered all testimony and
evidence submitted at the hearing on this appeal
NOW, THEREFORE, The City Council of the City of Atascad ro resolves to find
the following:
1. The recitals above'are true and correct.
2. The appeal was filed and heard in accord with City ar d state laws.
3. The proposed use of the property as an auto body tepair facility is not
an allowable use or a conditional use under the City's,cur ent zoning for this
property, Downtown Commercial (AMC §9-3.271 through -3.276).
4. The proposed use of the property as an auto bodV repair facility is a
legal non-conforming use of the property. The factual bass for this finding is
as follows:
a. Up to November of 1985, the property was occupied by Atas-
cadero Ford and used as a new vehicle sales and repair facility as a legal
use.
b. The automobile repair use was continued by #e subsequent ,,
users of this property,>without abandonment.' The subsequent users
were "Sharp Motors" (1985), AAMCO Transmission (1986-88),
American Classics (1989-present).
5 The legal non-conforming use must meet all requirements for such use.
Resolution No. 63-96
Page 2
ON MOTION BY Councilmernber seconded by Councilmember
the foregoing resolution is hereby adopted on the following roil-call
vote:
AYES:
NOES:
ABSENT:
ADOPTED. CITY OF ATASCADERO
By:
ATTEST: RAY JOHNSON, Mayor Pro Tern
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
MWING AMIDA
DATE ,LLTEM .0:..3........
RESOLUTION NO. 63-96
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OFA ASCADERO
ADOPTING FINDINGS OF UPHOLDING THE APPEA OF
A LAND USE DETERMINATION FOR 5680 EL CAMINO REAL
WHEREAS,The ("property") owners of 5680 El Camino Real have appealed to
the City Council City staff's land use determination upon said property; and
WHEREAS, City staff's determination was that the proposed use of the
property as an auto body repair facility is not an allowed use in the downtown
commercial zone; and
WHEREAS, The City Council has heard and considered all testimony and
evidence submitted at the hearing on this appeal;
NOW, THEREFORE, The City Council of the City of Atascac ero resolves to find
the following:
1. The recitals above are true and correct.
2. The appeal was filed and heard in accord with City and state laws.
3 The proposed`use of the property as an auto body repair facility is an
allowable use or a conditional use under the City's cur nt zoning for this
property, Downtown Commercial (AMC §9-3.271 through 3.276). `
4. The proposed use of the property as an auto body repair facility is a
legal non-conforming use of the property. The factual for this finding is
as follows:
a. Up to November of 1985, the property was occupied by Atas-
cadero Ford and used as a new vehicle sates and re air facility as-a legal
use.
b. The automobile repair use was continued by the subsequent
users of this property, without abandonment. The s ibsequent users
were "Sharp Motors" (1985), AAMCO Transmission (1986-88),
American Classics (1989-present).
5. The legal non-conforming use must meet all requirements for such use.
000005
Resolution No. 63-96
Page 2 ,
ON`MOTION BY Councilmember seconded by Councilmember
the foregoing ,resolution is hereby adopted on the following roll-call
vote:
AYES:
NOES
ABSENT:
ADOPTED: CITY OF ATASCADERO
By:
ATTEST: RAY JOHNSON, Mayor Pro Tem
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney`
REPORT TO CITY COUNCIL
ITY OF ATASCADERO Agenda Item: -4
Through: Andrew J. Takata Meeting ate: 08/13/96
City Manager
File Number: TPM 95006
From: Steven DeCamp, City Planner
SUBJECT:
Acceptance of Final Parcel Map #95006 to divide an xisting parcel
of 0.47 acres into four (4) lots to accommodate residential devel-
opment. Subject site is located at 6625 Navajoa Avenue (Kelly
Gearhart/Cannon Associates) .
RECOMMENDATION:
Acceptance of Final Parcel Map #95006.
BACKGROUND•
On March 12, 1996, the City Council conducted a public hearing on
the above referenced map along with accompanying Ge eral Pian and
Zone Change Amendments. The City Council agreed with the Planning
Commission' s recommendation to approve TPM 95006 subject to the
Findings and the Revised Conditions of Approval. All conditions
have been `completed by the applicant.
Ph\
Attachment: General Plan Map
cc: Kelly Gearhart
Cannon Associates
000006
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: B-1 (A&B)
Througho6ndrew Takata, City Manager Meeting date: 08/13/96
From: Steven L. Decamp, City Planner File Number: GPA 95003
ZC 95006
SUBJECT:
Consideration of a General Plan Amendment to change the land use
designation from "Office" and "Service Commercial" to "Retail
Commercial" on property located at 7470 E1 Camino Real. included
is a concurrent amendment to the Zoning Ordinance MaD changing the
zoning districts from "Commercial Professional" and "Commercial
Service" to "Commercial. Retail" with a Planned Development Overlay.
The Zoning Ordinance text would be amended by the addition of a new
district entitled "Commercial Retail PD 11" _(Roswel Palmer/Frank
Winnaman) (Wayne LaPrade)
RECOMMENDATIONS
1. Resolution No. 73-96 - ApproveattachedResol tion amending
the General Plan Land Use Map by redesignating certain real
property located at 7470 El Camino Real from "Office" and
"Service Commercial" to "Retail Commercial
2 . Ordinance No. 314 Read by title only and approve on first
reading amending Zoning Ordinance Map 17 by rezoning certain
real property located at 7470 E1 Camino Real from "Commercial
Professional" and "Commercial Service" to "Comnercial Retail"
with a Planned Development Overlay and amending the Zoning
Ordinance text to create Planned Development Overlay #11 .
BACKGROUND•
On July 16, 1996, the Planning Commission condu ted a public
hearing on the above-referenced applications. After discussion
(see attached minutes excerpts) , the Planning Commission voted
unanimously to recommend approval of General Plan Amendment 95003
and Zone Change 95006.
/ph
Attachments : Resolution No. 73-96
Ordinance No. 310
Planning Commission Staff Report July 16, 1996
Minutes Excerpts - July l•6, 1996
U(.)OU08
RESOLUTION NO. 73-96
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP
DESIGNATION FROM OFFICE AND COMMERCIAL SERVICE
TO COMMERCIAL RETAIL AT 7470 EL CAMINO REAL
(GPA 95003; Palmer/Winnaman)
WHEREAS, the City of Atascadero has grown considerably since
incorporation; and
WHEREAS, the City's General plan Land Use Element, which was
adopted in 1992 to guide the City's general growth is in need of
revision; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the subject amendment on July 16,
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.
THEREFORE, the Council of the City of Atascadero does
resolve to approve General Plan Amendment 95003 as follows:
1. Amendment to the General Plan Land Use Element, Land
Use Map as shown of the attached Exhibit A.
000009
Resolution No. 73-96
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:
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:
STEVEN L. DeCAMP, City Planner
000010
ni►.
1
ORDINANCE NO. 310
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 17 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED
AT 7470 EL CANINO REAL FROM COMMERCIAL PROFESlSIONAL
AND COMMERCIAL SERVICE TO COMMERCIAL RETAIL (PD 11)
AND AMENDING THE ZONING ORDINANCE TEXT TO CREATE
PLANNED DEVELOPMENT OVERLAY #11
(ZC 95006; Palmer/Winnaman)
WHEREAS, the proposed zoning map and text amendments are
consistent with the General Pian as required by Section 65860 of
the California Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
! WHEREAS, the Atascadero Planning Commission held a public
hearing on July 16, 1996 and has recommended approval of- Zone
Change 95006 .
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposals are compatible with the surrounding land
use and zoning.
2. The proposals are consistent with the General Plan
Land Use Element and other elements contained in the
General Plan.
3. The proposals will not result in any significant
adverse environmental impacts. The Negative
Declaration prepared for the project is adequate.
4. Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
5. Modification of development standards or processing
000012
Ordinance #310
Page 2
requirements will enhance the opportunity to best
utilize special characteristics of an area and will
have a beneficial effect on the area.
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements.
Section 2 . Zoning Map.
Map number 17 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department
are hereby amended as shown on the attached Exhibit A which are
hereby made a part of this ordinance by reference.
Section 3. Zonina Text.
The Zoning Ordinance text is hereby amended by the addition
of the language shown on the attached Exhibit B.
Section 4. 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 5. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved
by the following role call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By.
GEORGE P. HIGHLAND, Mayor
000013
Ordinance #310
Page 3
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DeCAMP, City Planner
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EXHIBIT B
CR Commercial Retail PD 11 Zone
9-3.521. Purpose: This zone is established to provide for a wide
range of appropriate commercial uses to accommodate the retail and
service needs of the residents of the City and surrounding areas
and provide design guidelines where such uses are located adjacent
to the freeway.
9-3.522. Allowable Uses: The following uses shall be allowed in
the Commercial Retail (PD 11) Zone. The establishment of allowable
uses shall be as provided by Chapter 2 of this Title: '''
(a) Broadcast studios
(b) Building materials and hardware where all activities
occur within a structure
(c) Food and beverage retail sales
(d) Furniture, home furnishings and equipment
(e) General merchandise stores.
(f) Mail order and vending
(g) Temporary or seasonal sales (See Section 9-6. 174)
(h) Financial services
(i) Health care services
(j) Offices
(k) Temporary offices (See Section 9-6.176)
(1) Personal services
(m) Light repair services
(n) Eating and drinking places
(o) Membership organizations
(p Horticultural specialties (See Section 9-6. 116)
(q) Business support services, where all areas of use are
located within a building
000016
(r) Temporary Events (See Section 9-6.177)
9-3.523. Conditional Uses. The following uses may be allowed in
the Commercial Retail Zone. The establishment of conditional uses
shall be as provided by Section 9-2.109 (Conditional Use Permits) :
(a) Amusement services
(b) Caretaker residence (See Section 9-6.104)
(c) Public assembly and entertainment
(d) Indoor recreation services
(e) Animal hospitals (See Section ,9-6.110)
(f) Pipelines
(g) Sports Assembly
(h) Auto, mobilehome and vehicle dealers and supplies
(i) Social and service organizations
(j ) Small scale manufacturing
(k) Hotels and motels
(1) Farm equipment and supplies
9-3.524. Lot Size: There shall be no minimum lot size in the
Commercial Retail (PD 11) Zone.
9-3.525. Development Standards:
(a) Parking areas designed to have vehicles facing El Camino
Real or the freeway shall be screened with a landscaped
berm a minimum of thirty inches (3011) in height.
(b) A minimum freeway setback of ten feet ( 101 ) shall be
provided. Said setback area shall be landscaped.
(c) All new and existing utilities shall be installed
underground.
00001'7
CITY OF ATASCADERO Item: B .4
STAFF REPORT
FOR: Planning Commission MEETING DATE: 7-16 -96
BY: Steven L. DeCamp, City Planner FILE NO: GPA 95003
r ZC 95006
SUBJECT:
Requested amendment to the General Plan Land Use Element to
change the land use designation from "Office" and "Service
Commercial" to "Retail Commercial" on property located at 7470 E1
Camino Real. Included is a concurrent amendment to, the Zoning
Ordinance Map changing the zoning districts from "Commercial
Professional" and "Commercial Service" to "Commercial Retail
with a Planned Development Overlay. The Zoning Ordinance text
would be amended by the addition of a new district entitled
"Commercial Retail PD 11. "
RECOMMENDATION:
The Commission should make the following recommendations to the
City Council:
1 . Find that the Negative Declaration prepared for the
project is adequate under the provisions of the
California Environmental Quality Act and the state and
local guidelines for its implementation.
2 . Approve the attached draft Resolution approving GPA
95003 amending the General Plan designation from
"Office" and "Service Commercial" to "Retail
Commercial" on the property located at 7470 El Camino
Real.
3 . Approve the attached draft Ordinance approving ZC 95006
amending the Zoning Ordinance text by the addition of
the "Commercial Retail PD 11" zoning district and
amendment of the Zoning Ordinance map from "Commercial
Professional" and "Commercial Service" to', CR PD 11 on
the property located at 7470 E1 Camino Real .
SITUATION AND FACTS:
1 . Applicant. . . . . . . . . . . . . . . . . . . .Roswell Palmer)
Frank Winnaman
2 . Representative. . . . . . . . . . . . . . .Wayne LePrade
3 . Project Address . . . . . . . . . . . . . . 7470 E1 Camino Real
000018
4 . General Plan Designation. . . . .Office & Service Commercial
5 . Zoning District. . . . . . . . . . . . . .CP & CS
6 . Site Area. . . . . . . . . . . . . . . . . . . .2 .8 acres
7 . Existing Use. . . . . . . . . . . . . . . . .SFR & Vacant
8. Environmental Status. . . . . . . . .Negative Declaration posted
June 24, 1996
ANALYSIS•
The property affected by this General Plan amendment request is
an "L" shaped assembly of parcels totaling approximately 2 .8
acres (see Attachments A & B) . The property has frontage on E1
Camino Real and Pueblo Avenue where that street turns 90 degrees
into San Luis Avenue. As can be seen on the attached maps, the
property has lengthy frontage along, and excellent visibility
from, US Highway 101. It is in part this freeway frontage and
visibility that have led the property owners to believe that this
site is better suited to other than office-type development.
Prior to 1992, this property was designated in the General Plan
for "Service Commercial" development. In conformance with the
General Plan, the zoning district assigned to the property was
"CS" (Commercial Service) . The change to an "Office" designation
on a portion of site in 1992 was made in an effort to facilitate
the development of an office "node" at the intersection of E1
Camino Real and Pueblo Avenue. This node was to compliment the
office development, including Santa Lucia Bank, the Atascadero
Federal Credit Union, and other offices, already existing at that
location. An additional perceived benefit was the elimination of
land uses which, by their nature, present a less-than-attractive
view to the traveling public on US 101 .
The property owners have been unsuccessful in marketing these
parcels for office-type development. This lack of success is due
in large part, no doubt, to adverse market conditions in the
State of California for commercial property in general . The over-
abundance of property zoned "Commercial Professional" in
Atascadero specifically has probably contributed to the
difficulty of finding a developer for this property, as well.
The fact that the bulk of the office development in Atascadero is
encouraged to locate along the Morro Road corridor has certainly
also had an impact on the marketability of this site. Although
the marketability or profitability of a piece of property should
not be the final determinant of a land use designation' s
suitability, they are indicators that should not be ignored with
impunity.
The applicant' s original request was to return the General Plan
000019
and Zoning Ordinance designations for this property to their pre-
1990 status allowing for the service commercial users permitted by
the Zoning Ordinance. The types of uses potentially permitted by
this designation, however, may prove to be incompatible with
existing surrounding uses, and would again raise the appearance
issue noted above.
If this not an appropriate site for office development, another
mix of uses that will not be detrimental to existing surrounding
uses and that may take advantage of the freeway visibility must
be found. Attachment C is a proposed modification of the "CR"
Commercial Retail zoning district which attempts to provide a
suitable range of allowed and conditionally allowed uses . The
proposed Planned Development Overlay (PD 11) zone incorporates
design standards which reflect the site' s freeway visibility.
The CR PD 11 zone eliminates such outdoor uses as s?torage,
collection stations, auto repair, sales lots, and transit
terminals . Some land uses such as small scale manufacturing, and:
auto dealers are made conditionally allowed uses because site
specific conditioning and design standards may make such uses
suitable adjacent to the freeway.
CONCLUSIONS:
Although office-type development of this property may prove to be
appropriate in the future, the current zoning does hot take full
advantage of this site' s development potential. This application
also provides an opportunity to begin addressing those appearance
and visibility issues inherent with freeway frontagie property.
The recommended "Commercial Retail PD 11" zoning district should
serve as a prototype for similar zoning ordinance amendments for
property adjacent to the freeway.
Exhibits:
Attachment A - Location Map - General Plan Map''
Attachment B - Location Map - Zoning Map
Attachment C - Commercial Retail PD 11 Zoning Text
Attachment D - Draft Negative Declaration
Attachment E - Draft Resolution
Attachment F - Draft Ordinance
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Attachment B
CITY OF ATASCADERO
RI -- ZC 05006
z" Location Map/Zoning MAp
COMMUNITY DEVELOPMENT
DEPARTMENT
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Attachment C
CR (Commercial Retail) (PD 11) Zone
9-3.-2521. Purpose: This zone is established to provide for a wide
range of appropriate commercial uses to accommodate mast f the
retail and service needs of the residents of the City and
surrounding areas and provide design guidelines where such uses are
located adjacent to the freeway.
9-3.-2522. Allowable Uses: The following uses shall be allowed in
the Commercial Retail (PD 11) 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) Broadcast studios
(b) Building materials and hardware (See Seetien 9 6- 3:65)
where all activities occur within a structure
(c) Food and beverage retail sales
(d) Furniture, home furnishings and equipment
(e) General merchandise stores
(f) Mail order and vending
(g) Temporary or seasonal sales (See Section 9-6. 174)
(h) Financial services
(i) Health care services
(j ) Offices
(3e) Small seale manufaet
(-Ik) Temporary offices (See Section 9-6.176)
(ml) Personal services
(ten) Light repair services
(pn) Eating and drinking places
(qo) Membership organizations
000023
0 (-rp) Horticultural specialties (See Section 9-6. 116)
-(s) Aute, ma;i}ekeme,-veh.-ie-le—dealers and
Seetien 9--6.163+
(t) Vehlele-and-equip t sterage-(See-Seeh-ren !9 6. 183)
(V) Utility tra -faellities
(wq) Business support services, where all areas 'of use are
located within a building
(M) �l l cy a.�
(y) Gell �e'�Dee Saetien 9-6.14G+
(z) Sales lets (See Seetlen 9 6.1 0-1.
49+
(ear) Farm equipment and supplies
(bb) Fuel and iee dealer- 9--6.134)
(S�ee�eet��r -
as __ _
d Skilled Nursing �3:jty(See-Seetien 9-6
f �S rn�-lzrg-� 6.134)
-(ee) Bed-and-Brea-tet
Retirement t-eI
Funeral-Seryi ee'?
(hh) ials-(See--Seetien 9 6.1
(ii) Utility eente
J J ) Eibraries and museums
(mss) Temporary Events (See Section 9-6.177)
9-3.4523. Conditional Uses. The following uses may be allowed in
the Commercial Retail Zone. The establishment of conditional uses
shall be as provided by Section 9-2. 109 (Conditional Use Permits) :
(a) Amusement services
(b) Caretaker residence (See Section 9-6.104)
(e) SeEvlee Station (See Seetien 9 6.164)
0000211
(elc) Public assembly and entertainment
(ed) Indoor recreation services
(-fe) Animal hospitals (See Section 9-6.110)
(g) Aute Repair and Gerviees (See Seetlen 9 6.168)
(h) G1uEehes and related--aetivitles (See Seetien 9-6.121)
-(1) Feed aftd kindreel predeet --(See Seetien 9 6.448}
(-�f) Pipelines
-(} tdeer- i-eereetlen se-r-frees-f-See-oc-ti:en 9 6.13-}
(fig) Sports Assembly
(m) Trn ns '- statiens and terminaIe
-(ff)—Kennels-(See-Seeti-ea 9- 6.9
(h) Auto, mobilehome and vehicle dealers and supplies
(i) Social and service organizations
(j) Small scale manufacturing
(k) Hotels and motels
(1) Farm equipment and supplies
9-3.-2524. Lot Size: There shall be no minimum lot size in the
Commercial Retail (PD 11) Zone.
9-3.525. Development Standards:
(a) Parking areas designed to have vehicles facing El Camino
Real or the freeway shall be screened with a landscaped
berm a minimum of thirty inches (3011) in height.
(b) A minimum freeway setback of ten feet (101 ) shall be
provided. Said setback area shall be landscaped.
(c) All new and existing utilities shall be installed
underground.
0000�'S
Attachment D
CITY OF ATASCADERO
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ENVIRONMENTAL COORDINATOR
NEGATIVE DECLARATION
COMMUNITY DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO. CA's 93422 (805) 461-5035
APPLICANT: 2oswc-trc, P!Amj (lc
N<(Zs 9 efC 3 CA q 1 o((
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PROJECT TITLE: 4fA y� 0 z /
Z6 %5VC(e '
PROJECT LOCATION: 7�l 70 C. e;Am+Po
PROJECT DESCRIPTION: A-rKeiJD k1i—=1JT or � � �
IJPf,r D�AIa ,QiJ� !�[` 7�
FINDINGS:
1. The project does not have the potential to degrade the environment.
0 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.
DETERNIINATION:
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.
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Date Posted: 2-
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Date Adopted:
0
CDD 11-88
000026
Attachment E
RESOLUTION NO. 73-96
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP
DESIGNATION FROM OFFICE AND COMMERCIAL SERVICE
TO COMMERCIAL RETAIL AT 7470 EL CAMINO REAL
(GPA 95003; Palmer/Winnaman)
WHEREAS, the City of Atascadero has grown considerably since
incorporation; and
WHEREAS, the City' s General Plan Land Use Element, which was
adopted in 1992 to guide the City' s general growth is in need of
revision; and
WHEREAS; the Planning Commission of the City of Atascadero
conducted a public hearing on the subject amendment on July 16,,
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.
THEREFORE, the Council of the City of Atascadero does
resolve to approve General Plan Amendment 95003 as follows:
1. Amendment to the General Plan Land Use Element, Land
Use Map as shown of the attached Exhibit A.
00002'7
Resolution No. 73-96
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:
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:
STEVEN L. DeCAMP, City Planner
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Attachment F
ORDINANCE NO. 310
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 17 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED
AT 7470 EL CAMINO REAL FROM COMMERCIAL PROFESSIONAL
AND COMMERCIAL SERVICE TO COMMERCIAL RETAIL (,PD 11)
AND AMENDING THE ZONING ORDINANCE TEXT TO CREATE
PLANNED DEVELOPMENT OVERLAY #11
(ZC 95006; Palmer/Winnaman)
WHEREAS, the proposed zoning map and text amendments are
consistent with the General Plan as required by Section 65860 of
the California Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendments will not have 'a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on July 16, 1996 and has recommended approval of Zone
Change 95006.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposals are compatible with the surrounding land
use and zoning.
2. The proposals are consistent with the General Plan
Land Use Element and other elements contained in the
General Plan.
3. The proposals will not result in any significant
adverse environmental impacts. The Negative
Declaration prepared for the project is adequate.
4. Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
5. Modification of development standards or processing
000030
Ordinance #310
Page 2
requirements will enhance the opportunity to best
utilize special characteristics of an area and will
have a beneficial effect on the area.
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements.
Section 2. Zoning Map.
Map number 17 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department
are hereby amended as shown on the attached Exhibit A which are
hereby made a part of this ordinance by reference.
Section 3. Zoning Text.
The Zoning Ordinance text is hereby amended by the addition
of the language shown on the attached Exhibit B.
Section 4. 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 5. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12: 01 a.m. on the 31st day after its passage.
On motion by and seconded by
, the foregoing Ordinance is approved
by the following role call vote:
AYES:
NOES:
ABSENT:
DATE ADOPTED:
By.
GEORGE P. HIGHLAND, Mayor
000031
Ordinance #310
Page 3
ATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DeCAMP, City Planner.
000032
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EXHIBIT B
CR (Commercial Retail) (PD 11) Zone
9-3.521. Purpose: This zone is established to provide for a wide
range of appropriate commercial uses to accommodate the retail and
service needs of the residents of the City and surrounding areas
and provide design guidelines where such uses are located adjacent
to the freeway.
9-3.522. Allowable Uses: The following uses shall be allowed in
the Commercial Retail (PD 11) Zone. The establishment of allowable
uses shall be as provided by Chapter 2 of this Title:'
(a) Broadcast studios
(b) Building materials and hardware where all activities
occur within a structure
(c) Food and beverage retail sales
(d) Furniture, home furnishings and equipment
(e) General merchandise stores
(f) Mail order and vending
(g) Temporary or seasonal sales (See Section 9-X6. 174)
(h) Financial services
(i) Health care services
(j ) Offices
(k) Temporary offices (See Section 9-6. 176)
(1) Personal services
(m) Light repair services
(n) Eating and drinking places
(o) Membership organizations
(p Horticultural specialties (See Section 9-6.116)
(q) Business support services, where all areas of use are
located within a building
000034
(r) Temporary Events (See Section 9-6. 177)
9-3.523. Conditional Uses. The following uses may be allowed in
the Commercial Retail Zone. The establishment of conditional uses
shall be as provided by Section 9-2.109 (Conditional Use Permits) :
(a) Amusement services
(b) Caretaker residence (See Section 9-6.104)
(c) Public assembly and entertainment
(d) Indoor recreation services
(e) Animal hospitals (See Section 9-6.110)
(f) Pipelines
(g) Sports Assembly
(h) Auto, mobilehome and vehicle dealers and supplies
(i) Social and service organizations
(j ) Small scale manufacturing
(k) Hotels and motels
(1) Farm equipment and supplies
9-3.524. Lot Size: There shall be no minimum lot size in the
Commercial Retail (PD 11) Zone.
9-3.525. Development Standards:
(a) Parking areas designed to have vehicles facing El Camino
Real or the freeway shall be screened with a landscaped
berm a minimum of thirty inches (3011 ) in height.
(b) A minimum freeway setback of ten feet (101 ) shall be
provided. Said setback area shall be landscaped.
(c) All new and existing utilities shall be installed
underground.
000035
MINUTES EXCERPTS - 7/16/96
B. 3. ZONE CHANGE 96001/CONDITIONAL USE PERMIT 96001:
Consideration of an application filed by Roller Rink
Ventures (Steven Pults, Representative) to add "indoor
recreation services" to the list of allowable uses in the P
(Public) zone and to construct a 25, 000 square feet roller
rink building. Subject site is located at 9705 East Front
Road.
STAFF RECOMMENDATION: (Davidson/Kaiser)
Staff recommends the following actions :
1 . That the Negative Declaration prepared for the project be
found adequate under the provisions of the California
Environmental Quality Act and the state and °'local guidelines
for its implementation; and
2 . Approval of Zone Change #96001 as contained in Draft
Ordinance No. 308 (Attachment K) ; and
3 . Approval of Conditional Use Permit #96001 based on the
Findings for Approval in Attachment L and the Conditions of
Approval in Attachment M.
TESTIMONY:
Tim Woodle, the project architect, represented the 'applicant. Mr.
Woodle had very little to add to the staff report because they had
worked through all the issues with staff prior to the meeting and
agreed with the findings and are comfortable with the conditions . He
answered questions from the Commission.
Donald Jones, 4585 Viscano Avenue, asked if there was'' a mechanism for
evaluating the noise level in this architecture. It was explained
that this business will be subject to the Noise Ordinance.
ACTION: Find that the Negative Declaration prepares) for the project
be found adequate under the provisions of the California
Environmental Quality Act and the state and "local guidelines
for its implementation.
Motion: Wallace
Second: Bowen
AYES: Wallace, Bowen, Sauter, Hageman, Johhson, Zimmerman,
Edwards
NOES : None
ABSENT: None
000036
Planning Commission Meeting, July 16, 1996
MOTION PASSED: 7 :0
ACTION: Approve Zone Change 196001 as contained in Draft Ordinance
No. 308 (Attachment K) .
Motion: Johnson
Second: Zimmerman
AYES: Johnson, Zimmerman, Wallace, Bowen, Sauter, Hageman,
Edwards
NOES: None
ABSENT: None
MOTION PASSED: 7:0
ACTION: Approve Conditional Use Permit #96001 based on the Findings
for Approval in Attachment L and the Conditions of Approval
in Attachment M.
Motion: Johnson
Second: Wallace
AYES: Johnson, Wallace, Sauter, Hageman, Zimmerman, Edwards
NOES: Bowen
ABSENT: None
MOTION PASSED: 6:1
00003'7
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda tem: B-2 (A&B)
Through: Andrew Takata, City Manager Meeting ate: 08/13/96
File Number: CUP 96001
ZC 96001
Via: Steven L. Decamp, City Planner
From: �.D. Doug Davidson, Senior Planner
SUBJECT:
Consideration of a request to add "indoor recreati n servicessoto
the list of allowable uses in the (P) Public zone and review of a
proposed 25,000 square feet roller rink building. Subject site is
located at 9705 East Front Road (Roller Rink V ntures) (Steven
Pults, AIA & Associates) .
RECOMMENDATION:
1. Per the Planning Commission' s recommendation, approve
Conditional Use Permit #96001 based on the Findings and
Conditions of Approval contained in the staff report, dated
July 15, 1996,
2 . Ordinance No. 308 Read by title only and approve on first
reading amending the Official Zoning Ordinance Text to add
"Indoor Recreation Services" as an allowable use in the Public
zone.
a
BACKGROUND:
On July 16, 1996, the Planning Commission condu ted a public
hearing on the above-referenced applications. After discussion
(see attached minutes excerpts) , the Planning Commission voted 6: 1
to recommend approval of CUP 96001, and voted 7 :0 to recommend
approval of ZC 96001.
/Ph
Attachments: Ordinance No. 308
Planning Commission Staff Report - July 16, 1996`
Minutes Excerpts - July 16, 1996
000038
ORDINANCE NO 308
ANORDINANCEOF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO ADD "INDOOR
RECREATION SERVICES" AS AN ALLOWABLE USE ,IN THE PUBLIC ZONE
(Zone Change 96001)
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 amendmentisin 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 July 16, 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 9-3.422. is hereby amended by the
addition of allowable use (j) "Indoor Recreation Services"
as shown in Exhibit A attached hereto and made a part thereof by
reference.
000039
Ordinance No. 308
Page 2
Section 3 . Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and- this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
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
0000,10
Ordinance No. 308
Page 3
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DECAMP, City Planner
0000,11
EXHIBIT A
ORDINANlCE 308
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
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
( j ) Indoor 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) I
(c) Cemeteries
(d) Churches and related activities (See Section 9-6 . 121)
(e) Collection station
(f) Funeral services
0000,12
EXHIBIT A (CONT-D)
ORDINANCE NO. 308
(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 .
0000,13
CITY OF ATASCADERO Item: B . 3
STAFF REPORT
FOR: Planning Commission Meeting Date: July 16, 1996
BY: Doug Davidson, Senior Planner File No: CUP96001
ZC96001
SUBJECT:
To consider a request to add "indoor recreation services" to the
list of Allowable uses in the (P) Public zone and review of a
proposed 25, 000 square feet roller rink building.
REC01YMNDATION'
The Planning Commission should make the following recommendations
to the City Council:
1 . That the Negative Declaration prepared for the project is
adequate under the provisions of the California
Environmental Quality Act; and
2 . Approval of Zone Change 96001 as contained in Draft
Ordinance No. 308 (Attachment K) ; and
3 . Approval of Conditional Use Permit 96001 based on the
Findings for Approval in Attachment L and the Conditions
of Approval in Attachment M.
SITUATION AND FACTS:
1 . Applicant------------------------------Roller Rink Ventures
2 . Representative-------------------Steven Pults, '' AIA & Assoc.
3 . Project Address------------------------9705 East Front Road
4 . Zoning-------------------------------------------P (Public)
5. General Plan Designation-----------------------------public
6. Existing Use-----------------------------post Office/Vacant
7 . Environmental Status-------------------Negative: Declaration
posted June 25, 1996
1
000044
ANALYSIS:
The following analysis will focus on the encouraged land uses of
the Public zone and development issues associated with
construction of a 25, 000 square feet roller rink facility.
Public Zone
On March 16, 1996, the Planning Commission reviewed and approved
several amendments to the Public zone in conjunction with a
proposed mini-storage project on north E1 Camino Real. In
addition to "mini-storage facilities", "Recreational Vehicle
Parks" (accessory use only) and "vehicle and equipment storage"
(enclosed storage only) were added to the list of Conditional
uses . The Zone Text Change before the Commission tonight
proposes the addition of "indoor recreation services" to the list
of Allowable uses. This expansion of the Public uses would allow
for the proposed roller rink facility.
Staff considered including the current request with the prior
revision to the Public zone. Staff decided against this approach
for a couple of reasons. First, the roller rink application was
incomplete at that time, and thus not an official application.
Secondly, the previous project included an Urban Services Line
extension and project review of a mini-storage facility, in
/ addition to the Public zone text changes. To justify inclusion
of indoor recreational uses in that context seemed to invite
confusion, or at least would add to an already multifaceted
agenda item.
The purpose of the Public zone as contained in Zoning Ordinance
9-3 . 421 is "to provide suitable locations for the maintenance and
development of public and quasi-public facilities and services."
"Outdoor recreation services" is presently listed as an allowed
Public use. "Indoor recreation services" - defined as bowling
alleys, skating rinks, gymnasiums, health clubs, and recreation
centers - also seems to be an appropriate primary land use in the
Public zone. Furthermore, most of these activities, as in the
subject case, require a large building area. Non-residential
projects in excess of 10, 000 square feet require a Conditional
Use Permit, and thus, a public hearing before the Planning
Commission.
2
0000,15
Proposed Roller Rink
The proposed roller rink is approximately 25, 000 square feet in
size and 28 feet in height. Building coverage of the 1 .70 acre
site is 34 percent. The U.S. Post Office owns adjacent Lot 2,
where their facility exists, and the subject Lot 3. The Post
Office building is located on Lot 2, but the associated parking
lot extends onto Lot 3 - the skating rink would lease the
remaining portion of the parcel. Forty-nine (49) parking spaces
are provided including those the handicapped and for motorcycles
and bicycles. Incorporation of native vegetation and new
landscaping complements the site and building design.
Development Standards/Appearance Review Guidelines
The proposed site plan complies with the development standards
contained in Chapter 4 of the Zoning Ordinance. There are no
required setbacks or maximum lot coverage in the Public zone.
The required parking is calculated at one space per'! 400 square
feet of principal use area. At 18, 000 square feet the skating
rink generates a need for 45 parking spaces. The building height
is under the 35 feet height limit established for the P zone.
According to the Appearance Review Guidelines (Page 33) metal '
buildings are "allowed only with exceptional architectural
treatment. The use of trim bands, soffits, wing walls, parapets,
fascias, entry recess design elements, pop-outs, reveals,
copings, covered entry and window walls, are just a: few
characteristics, that are encouraged to enhance the'', appearance of
metal buildings." As the elevations and architectural rendering
show, the proposed building design incorporates many of these
elements. The metal building is softened with exterior plaster,
recessed portions, covered walkway/entry, concrete columns, and
attractive colors. (A colored elevation will be available at the
meeting. ) Staff is recommending that the lattice vines (yew
pine) shown on the south and east elevations of the landscape
plan be extended along the north elevation of the building to
provide additional treatment on this side of the structure.
Signs
As contained in the attachments, the applicant is proposing a
wall-mounted sign for the "Skatium", a small tenantsign for the
retail skate shop, and three flagpoles, not to exceed 30 feet in
height. The only issue here is that the size of the "Skatium"
sign at 51 square feet exceeds the 40 square feet maximum of the
Sign Ordinance (Sec. 9-15. 005 (a) (1) . Given the size of the
building and the site, the sign is fitting and not excessive. The
tenant sign at 7 .5 square feet is well within the sign
guidelines . Flagpoles up to 50 feet are exempt from the Sign
Ordinance and seem particularly appropriate in the Public zone.
3
000046
Native Trees/New Landscaping
The proposed site plan presents a good combination of
incorporating native trees and new landscaping into the project
design. Five (5) coast live oaks are proposed for removal -
three are in good condition and two are classified as poor
according to the arborist' s report. One of the trees in good
condition is located within the building area; the other two are
in the rear parking area. The two trees in poor condition are
near the East Front frontage; one in the building area and the
other in the proposed driveway. In the words of the arborist
these two trees suffer from "severe heart rot, low vitality,
minimal twig growth, and are in a condition that would prevent
restoration to healthy specimen trees." (Jack Brazeal report
dated February 25, 1996. ) The landscape plan proposes a mixture
of live oaks and ornamental shade trees, as well as shrubs and
ground cover, that enhance the site.
Review by Other Departments and Agencies
Caltrans was consulted during the review and responded that the
City should consider requiring a traffic report as part of the
environmental review. The City' s Engineering Division confirmed
that a traffic study was necessary to determine the project' s
impact on the local circulation. Traffic reports are valid tools
to either devise appropriate traffic mitigation measures or to
determine that the project will not result in a negative impact
upon the existing Levels of Service (LOS) . The traffic report
concludes and the Engineering Division confirms that the roller
rink facility will not generate enough additional traffic to
result in a change to the existing LOS at the affected
intersections or streets .
With no necessary traffic mitigation and existing curb, gutter,
and sidewalk on El Camino Real and East Front Road, the
recommended conditions from the Engineering Division are standard
in nature. The Fire Department has no conditions at this time -
the existing hydrants and proposed access to the building are
adequate for fire prevention.
CONCLUSIONS:
Indoor recreational uses, such as skating rinks should be
designated as allowed uses in the Public zone. Given the size of
the building or use area normally associated with these projects,
most recreational projects will still require a public hearing
before the Planning Commission. The "Skatium" will provide a
growing recreational activity for Atascadero and do so with an
attractive new development in the U.S. 101/El Camino Real
corridor.
4
0000111
ATTACHMENTS:
Attachment A -
Zoning Map
Attachment B - Land Use Map
Attachment C - Site Plan
Attachment D - Landscape Plan
Attachment E - Elevations/Floor Plan
Attachment F - Signage Summary
Attachment G - Project Rendering
Attachment H - Skatium Wall Sign
Attachment I - Tenant Sign/Flagpoles
Attachment J - Negative Declaration
Attachment K - Draft Ordinance No. 308
Attachment L - Findings for Approval
Attachment M - Conditions of Approval
5
0000"is
ATTACHMENT A
CITY OF ATASCADERO ZONING MAP
«a +'
_ ., COMMUNITY DEVELOPMENT ZC 9600i/CUP 96001
DEPARTMENT
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0000,13
CITY OF
AIASCADERO _
COMMLrNrTY DEVELOPMENT
DEPARTMENT
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OF ATASCADERO
SITE PLAN
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DEPARTMENT
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ATTACHMENT D
CITY OF .ATASCADERO
r_y�Na .w t==•—� _ LANDSCAPE PLAN
COMMUNITY DEVELOPMENT ZC 96001/CUP 96001
,. DEPARTMENT
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. . CITY OF RTAS CADERO
ELEVATIONS/FLOOR PLAN
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DEPARTMENT
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000053
ATTACHMENT F
CITY OF ATASCADERO
SIGNAGE SUMMARY
COMMUNITY DEVELOPMENT zC 96001/CUP 96001
DEPARTMENT
teven D.Pults.AIA,&Associates
Memorandum
Date. April 8.1996
Ta . Doug Davidson
Senior Planner
O.. City of Atascadero
PO Box 747
Atascadero,CA 93423
Fron Tim Mark Woodle,AIA
Rr Skatium Signage
The following summarizes our signage proposal for the referenced project. The project
signage proposal includes two components;a building wall sign,and a specific tenant
Sign.
The building wall sign is indicated on the attached rendering and also on Signage Exhibit
A. We propose the building wall sign be constructed of individual letters,color to match
the accent blue of the building. The sign square footage is above the ordinance
guidelines. However, we feel that the very size is appropriate given the size of the
building,building and sign design,and orientation to the frontage road and Highway 101.
The sign will be externally lit by a lighting source mounted on the lower roof section
below the sign.
The tenant sign is indicated in attached Signage Exhibit B. The tenant sign supports
the pro-shop use,which is a separate business, potentially with different hours than
the primary use.
Finally, in addition to the signage, we request approval of three (3) flagpoles.'' The
flagpoles are also included in the attached rendering and are indicated on the project
site plan and Signage Exhibit C. The poles would be for the American Flag,California
Flag,and a local "club"flag. The poles would be of varying height as indicated With the
American Flag the tallest at approximately thirty feet tall.
If you need any additional information regarding this aspect of our proposal, don't
hesitate to contact me at your earliest convenience.
Copy to: � rl? j
A199 �..
6
Architecture. Planning cd Graphics C0b"„fLi,UITyt;Z:
1401 biguera Street
San Luft Obispo,CA 93401 X
(805)541-5604
Fax(805)541-4371
0000511
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THE SKATIUM '
ATASCADERO, CALIFORNIA
000056
, \ ATTACHMENT I
.... . . CITY OF ATASCADERO
Ind TENANT SIGN/FLAGPOLES
COMMUNITY DEVELOPMENT zC 96001'/CUP 96001
�+ DEPARTMENT
LOCATION
TENANT SIGN INLINE PRO SHOP.
THE SKATIU6' - 72 SQY T.
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ATASCADERO, CALIFORNIA
FLAGPOLES
THE SKATIUM '
-. ATASCADERO, CALIFORNIA
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ATTACHMENT J
CITY OF ATASCADERO
-� ENVIRONMENTAL COORDINATOR
NEGATIVE DECLARATION
COMMUN=DEVELOPMENT DEPT. 6500 PALMA AVE. ATASCADERO, Cil 93422 (805) 461-5035
APPLICANT: ROLLER RINK VENTURES STEVEN D. PULTS, AIA & ASSOCIATES
PO BOX 2397 1401 HIGUERA ' STREET
ATASCADERO, CA 93422 SAN LUIS OBISPO, CA 93401
PROJECTTITLE: CONDITIONAL USE PERMIT 96001
PROJECT LOCATION: 9700 E L CAM I NO REAL C ADD ROSS Rff4 5516,*,F0 - 970-S E4S-t
PROJECT DESCRIPTION: TO ADD "INDOOR RECREATION SERVICES" TO THE LIST
OF ALLOWABLE USES IN THE PUBLIC CPQ ZONE, AND THE CONSTRUCTION OF A
25, 000 SQUARE FOOT ROLLER RINK BUILDING.
FINDINGS:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited.but comulatively considerable.
4. The project will not cause substantial adverse effects on human beings''either directly or Indirectly.
DETERMINATION:
Based on the above findings, and the information contained in the initial study(made a part hereof by refer-
ence and on file in the Community Development Department). it has been determined that the above project
will not have an adverse impact on the environment.
STEVEN L. DECAMP
CITY PLANNER
Date Posted: JUNE 25 . 1996
Date Adopted: JULY 16, 1996
s
CDD t l-B9
00M)s
ORDINANCE NO. 308
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO ADD "INDOOR
RECREATION SERVICES" AS AN ALLOWABLE USE IN THE PUBLIC ZONE
(Zone Change 96001)
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 July 16, 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 .422 . is hereby amended by the
addition of allowable use (j ) "Indoor Recreation Services"
as shown in Exhibit A attached hereto and made a part thereof by
reference.
000059
Ordinance No. 308
Page 2
Section 3 . Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 :01 a.m. on the 31st day after its passage.
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
000060
Ordinance No. 308
Page 3
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
STEVEN L. DECAMP, City Planner
000061
EXHIBIT A
ORDINANCE 308
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
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
( j ) Indoor 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
000062
EXHIBIT A (CONT-D)
ORDINANCE NO. 308
(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 .
000063
ATTACHMENT L - Findings for Approval
Conditional Use Permit 96001
9705 East Front Road (Roller Rink Ventures)
July 16, 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. '
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 t the
character of the immediate neighborhood or contrary to its
orderly development.
S. 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 .
7 . The size of the Skatium wall sign is appropriate given the
size, design, location, and orientation of the ''building.
000064
ATTACHMENT M - Conditions of Approval
Conditional Use Permit 96001
9705 East Front Road (Roller Rink Ventures)
July 16, 1996
CONDITIONS OF APPROVAL:
1 . This Conditional Use Permit, and the approval contained
herein, is expressly for The Skatium ("Indoor Recreation
Services") at 9705 East Front Road.
2 . The shall conform with plans contained in the Attachments,
Attachment M (Conditions of Approval) , and all applicable
provisions of the Atascadero Municipal Code. Any substantial
modification of the project shall require approval of the
Planning Commission.
3 . Development of the site shall incorporate the tree
protection measures as contained in the Jack Brazeal
February 25, 1996 report. Tree removal is approved as shown
on the site plan (Attachment C) . The landscape plan
(Attachment D) shall be modified to include the required '
tree replacement for the oak trees removed. The planting of
sixty-four (64) 5-gallon trees, or the monetary equivalent
of $6, 400 to the Tree Replacement Fund, shall be
accomplished prior to final inspection. Commercial projects
are encouraged to plant larger specimen trees (two 5-gallon
trees = one 24" box, four 5-gallon = one 36" box) . In this
case, a combination of replacement trees and contribution to
the Tree Fund seems most appropriate.
4 . Two parking spaces shall be redesigned from compact to
standard size so as not to exceed the 20% maximum on
compacts spaces.
5. The trash enclosure shall be compatible with the building in
color and materials. All mechanical equipment shall be
screened from public view or painted to match the building
color.
6. The yew pine on the lattice shall be extended from the south
and east building elevations to the north elevation.
7 . This Conditional Use Permit Reconsideration 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
000065
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 .
Engineering Division Conditions
8 . All public improvements shall be constructed in conformance
with the City of Atascadero Engineering Department Standard
Specifications and Drawings, or as directed by the City
Engineer.
9. The applicant shall enter into a Plan Check Inspection
Agreement with the City. Prior to final inspection of the
project, all outstanding plan check/inspection '; fees shall be
paid.
10. An encroachment permit shall be obtained from the City
Engineering Department prior-- to start of construction.
11 . A preliminary soils report shall be prepared fpr the
property to determine the presence of expansive soil or
other soil problems and shall make recommendations regarding
grading of the proposed site. A final soils report shall be
submitted by the soils engineer prior to the final
inspection, including certification that all grading was
inspected and approved and that all work done is in
accordance with the plans and preliminary report.
12 . A grading and drainage plan, prepared by a registered civil
engineer, shall be submitted for review and approval by the
City Engineer prior to the issuance of building permits .
Prior to final inspection, a registered civil engineer shall
provide a written statement that all work has been completed
and is in full compliance with the approved plans and the
Uniform Building Code.
13. The applicant shall install all new utilities (water, gas,
electric, cable TV, and telephone) underground.. Any utility
trenching in existing streets resulting from construction of
the project shall be overlayed to restore a smooth riding
surface as required by the City Engineer. The relocation
and/or alteration of existing utilities shall be the
responsibility of the developer.
000066
MINUTES EXCERPTS - 7/16/96
B. 4. GENERAL PLAN AMENDMENT 95003/ZONE CHANGE 95006:
Consider applications filed by Roswell Palmer and Frank
Winnaman to change the Land Use Designation from "Office"
and "Service Commercial" to "Retail Commercial" ; change the
Zoning Map from "CP" (Commercial Professional) and "CS
(Commercial Servie) to "CR" (Commercial Retail) with a
Planned Development Overlay. The Zoning Ordinance text
would be amended by the addition of a new district entitled
"Commercial Retail PD 11. " Subject site is located at 7470
El Camino Real.
STAFF RECOMMENDATION: (Decamp)
Staff recommends the following actions:
1. That the Negative Declaration prepared for the project be
found adequate under the provisions of the California
Environmental Quality Act and the state and local guidelines
for its implementation; and
2 . Approval of the attached draft Resolution approving GPA
#95003 amending the General Plan description from "Office"
and "Service Commercial" to "Retail Commercial" on the
property located at 7470 El Camino Real.
3. Approval of the attached draft Ordinance approving ZC #95006
amending the Zoning Ordinance test by the addition of the
"Commercial Retail PD 11" zoning district and amendment of
the Zoning Ordinance Map from "Commercial Professional" and
"Commercial Service" to CR PD 11 on the property located at
7470 E1 Camino Real.
TESTIMONY:
Lindsay Hampton, 8402 Alta Vista, agreed with Chairman Edwards '
suggestion to move "Farm Equipment and Supplies" from the list of
allowable uses in the Commercial Retail Zone to the Conditional Use
list. (Mr. DeCamp agreed with Chairman Edwards and recommended moving
this item)
Wayne LaPrade, 12680 San Cayatano, the applicant' s representative,
concurred with the staff report. He offered to answer questions . Mr.
LaPrade responded to a question from Commissioner Bowen regarding an
easement issue. Mr. LaPrade expressed that this was a fixed easement
but is now a floating easement, which will be provided for in the
eventual circulation pattern for the property. Mr. Davis will not
lose his access .
ACTION: Find that the Negative Declaration prepared for the project
00006'7
Planning Commission Meeting, July 16, 1996
be found adequate under the provisions of the California
Environmental Quality Act and the state and local guidelines
for its implementation.
Motion: Johnson
Second: Wallace
AYES: Johnson, Wallace, Bowen, Sauter, HagOman, Zimmerman,
Edwards
NOES: None
ABSENT: None
MOTION PASSED: 7:0
ACTION: Approval of the attached draft Resolution approving GPA
#95003 amending the General Pian description from "Office"
and "Service Commercial" to "Retail Commercial" on the
property located at 7470 El Camino Real.
Motion: Johnson
Second: Wallace
AYES : Johnson, Wallace, Bowen, Sauter, Hageman, Zimmerman,
Edwards
NOES : None
ABSENT: None
MOTION PASSED: 7 :0
ACTION: Approval of the attached draft Ordinance approving ZC #95006
amending the Zoning Ordinance test by the ''addition of the
"Commercial Retail PD 11" zoning district and amendment of
the Zoning Ordinance Map from "Commercial Professional" and
"Commercial Service" to CR PD 11 on the property located at
7470 El Camino Real, with modifications.
Motion: Johnson
Second: Wallace
AYES : Johnson, Wallace, Bowen, Sauter, Hageman, Zimmerman,
Edwards
NOES : None
ABSENT: None
MOTION PASSED: 7 :0
000068
MLTIV�3/90AGENDA�-1.. ITEM 0 ,.C-I,,,,�„
MEMORANDUM
TO: Mayor and members of the Cit Ccuncii
Y Y
FROM: Roy A. Hanley, Deputy City Attorney
DATE: August 6, 1996
SUBJECT: Resolution 122-94
This matter comes before you as a discussion item. Public informatio in regards to the
Carlton Hotel situation includes reference to my opinion that this resolution gave
authority to the city manager to advance money to the developers of he Carlton Hotel
under certain limitations. There is no requirement in the resolution&at the council vote
on use of the line of credit prior to its use by the city manager. The uracil has asked
that this resolution'be on the agenda for the purpose of giving staff direction as to its
possible amendment.
Your legal possibilities range from rescinding the ordinance, through modification, and
including leaving it as it stands. Staff recommends giving directionf r changes in the
resolution requiring that the council approve any use of the line of cr it within fifteen
days after its use. The resolution requires that funds be reasonably vailable for
repayment within ten days. This change would allow the city manag r flexibility in
using the line of credit without scheduling a special meeting of the ncil, but would
require the use to be placed on the next available council agenda. Tt is will keep the
council better informed as to use of the Eine of credit, and will readily dentify any
problems if the funds have not been repaid within the ten days required. The council is
free to amend the resolution to require prior approval by the council before the line of
credit can be used if that is desired.
Council should give staff direction on modification, if any, of the resolution, and bring
the item back on the consent agenda for the next regularly schedulec council meeting.
000069
RESOLUTION NO. 122-
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO TO
DIRECT STAFF TO PURSUE A LINE OF
CREDIT FROM A FINANCIAL INSTITUTION
NOT TO EXCEED $500,006 WITHOUT
FURTHER REVIEW AND AUTHORIZATION BY CITY COUNCIL
WHEREAS, the City of Atascadero is experiencing cash flow restrictions due
to the Chapter 9 Bankruptcy Filing by the Orange County Investment Pool; and
WHEREAS, the City of Atascadero requests from Councilto pursue a line of
credit from a financial institution; and
WHEREAS, the maximum amount of the line of credit is not to exceed
$500,000 without further review and authorization by City Council; and,
WHEREAS, the line of credit would only be utilized if an identifiable revenue
source can repay the drawn amount within ten days; and
t' NOW THEREFORE, BE IT RESOLVED BY, the City Council of the City of
Atascadero as follows
Section ti 1_. The above recitals are true and correct,
Section 2. The adoption of this resolution authorizes City staff to obtain a
$500,000 line-of-credit from-a Financial Institution.
On motion by Councilperson Luna, seconded by Councilperson Johnson, the
foregoing resolution is hereby ;adopted in its entirety,on the following roll call vote:
AYES: Councilmembers Carden, Highland, Johnson, Luna and Mayor Bewley
NOES.- None
ASSEK - None
000070
( Resolution No. 122-94
Page 2
ADOPTED: December 13, 1994
CITY OF ATASCADERO
By: ,
R. DAVID BEWLEY, Mayor/—
ATTEST:
ayorATTEST:
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
0000'71
REPORT TO CITY COUNCIL IT---M: C-2
DATE: 8/13/96
THROUGH: ANDREW J. TAKATA, CITY MANAGER
FROM: Brady Cherry, Director, Department"of Community Services
SUBJECT:
RESOLUTION RE-AUTHORIZING THE CONCESSIONAIRE AGREEMENT WITH NCI FOR
OPERATION OF THE PAVILION CONCESSION STAND AND AUTHORIZATION TO SELL
ALCOHOLIC BEVERAGES
RECOMMENDATION;
It is recommended that the City Council approve Resolution 72-96,re-autho ' 'ng an amended
agreement with N.C.I. for operation of the Concession Stand at the Atascader Lake Pavilion.
BACKGROUND:
On November 29, 1994, the City Council authorized the Community Services epartment to enter
into an agreement with N. C. I. of Paso Robles, to provide food sales our the concession stand at the
Pavilion. We are currently in the second year of the contract and are extremely pleased with success
of the Back Porch Cafe.
The Back Porch Cafe has a restaurant atmosphere and provides good quality f od and services. In
addition the Back Porch Cafe is a training center for disabled adult and has successfully integrated
the use of the trainees into their operation. The City gets fifteen percent(15%o)of the gross receipts
from Back Porch Cafe which have amounted to over$7,000.00 for the current fiscal year.
Despite the obvious benefit to the City of this relationship,N. C. I. has had a cult time covering
their operating costs and has previously requested that City reduce their percentage of the contract.
(see the attached letter) The City Attorney determined that the City would have to reopen the bids
for the Pavilion concessions before changing the amount of rent paid.
As a result, N.C.I. has had to look at other options to make their operation more profitable and thus
a viable business venture., On May 22, 1996, L received a letter from Laura Sir apson, Executive
Director of N.C.I. requesting that the City consider the sale of alcohol at the Back Porch Cafe. A
copy of the letter is attached. After discussing this request with Laura, and re 'ewing the request
with Brady Cherry, I concluded that sale of beer and wine wouldn't create any significant problems
for the Pavilion and Lake Park. The consumption of alcohol is already allowe in the park and has
not created any problems for park users.
0000'72
If restricted to consumption on site and not sold in take out containers, the sale of beer and wine
would only enhance the service at the Back Porch Cafe. In addition, our past experience with the
staff at the Back Porch Cafe indicates that they would comply with any restrictions established by the
City for the sale of alcohol.
FINANCIAL IMPACTS:
The sale of alcohol would increase the amount of revenue collected by the City from the Back Porch
Cafe, and would help make the Back Porch Cafe a more profitable operation. Modest sales could
potentially provide$500.00 to$1,000.00 additional revenue to the Pavilion annually.
000073
r
5•
-2,1996
Mr. Geoff English
City of Atascadelro
6500 Palma Ave.
A,tascadero, Ca.
FAX 461.0606
Dear Geoff:
As we recently discussed, I would like to pursue the possibility of offering beer and
wine at the Back Porch Cafe.
I am very much aware of the concerns city stW, the council and residents may have
specific to offering alcoholic beverages in the park. We, too, share these concern$;
however, after considerable thought we feel that if marketed carefully and with
strict operational guidelines, the addition of beer and wine to the safe offering
would increase revenues and attract a larger segment of our community to our cafe
-and the park.
As we use the cafe as a training site for our developmentally disabled trainees,you
Can surely see that we have no desire, nor would allow, the cafe to become a
`hangout' of sorts. Yet, we do feel that the addition of beer and wine to our Menu
will enhance and add to the attractiveness and use of the facility by our community.
Certainly, we would be very interested in addressing any concerns you or the City
may have regarding this proposal, as well as working with you to implement a
program that favorably impacts our community resources.
Sincerely,
Laura Simpson
Executive Director
NO Affiliates, Incorporated .
2125 Golden Hill Road Paso Robles,California 93446 805 236-6630 805 239-9073 fax
0000'71
Geoff English
.C,ity of Atascadero
6500 Palma Ave.
Atascadero, Ca.
FAX 46IA606
Dear°Geoff.:
I can:hardly believe it's been a.year.since.:Nq started up:the Back Porch Cafe at.I ke °
Park Pavilion It's been a fun and exciting year:#or all of-us.
First I'd Eike to thank you and.you 'stalff for their enthusiastic-support of out
program and our shared ventur6..This.*rela bnship has:enabled us to-overcome
•many obstacles and move quickly to establish a viable service for the public. Our
:-trainees benefit greatly from—this training opportunity aad the city residents have
come to adept and enjoy the developmentally disabled-trainees who operate the
cafe. In'this sense, the City is to be Commended for its innovative leadership to
Include people with severe disabilities in "portard and productive roles in our
cps na lunity.
Na is.very-committed to remaining at the.Lake Park and continuing to provide a
worthwhile and needed service.to our community. In fact, over time we hope to
develop a reputation as a "city feature" that.truly enhances the public`s enjoyment
of our beautiful city and particularly our-.Wden jewel - the Lake Park. We've
spoken briefly of the challeages NO faces to remaining at the site and making the
setting.more amenable to our.crew of disabled workers- I'd like to propose a few
.modifications to our contract that.would help us justly our continued involvement
at the site.
Currently NCI remits 15% of the:cafe's gross proceeds.This income includes cafe
income, B-B-Q income, Ice cream cart income•and-catering income. In our first year
over the prime summer months .the.cafe. earned sales income over $10,000 per•
mont°b! PrAnJUy, this exceeded our expectations for.a newstart-up venture. Our
hope its to see this increase substantially .this.summer-as.we have established a name
and recognition within our cuamn iunity. however, despite this success the-cafe
continues.to operate with a,deficit. To,date, we have invested over$25,000 in capital
NC{Affiliate}, Incorporated
2125 Golden Hill hoad Paso kohle-s, �`ifutriia 93446 805 238-663u :3C,5 1'i9-)(17 i f u
0000'75
and .operational expenses. OverAhe last year, in only.one month dial we generate a
surplus. Financially, our hope ii� that this operation. will break-even-and perhaps
generate a small surplus to:provide for improvements.
Our situation is unique in that the cafe has the backing of-a larger organization- NO
Affiliates. Most businesses woulld not be able to accommodate an operation such as
the Back Porch. This understan4ing seems to be borne out by previow. failures at the
site. With this in mind, I ask that the city consider amending the rent to IW6 of the
grass receipts.This will allow us the flnwuiW buffer we need to allow us to break-
even
reakeven and continue to operate with the quality we seen to provide. Accommodating
this-request will likely have:.little, if any, detriment to the City. I ardicipate sales wffl
generate the same or higher,rent even at the 10% figure than what was paid to the
City this last year. Simply, this is a goodwill gestin with very minimal impact on
the City.
For inutuak benefit, I'd Eike to-see us identify an indoor.area which can be
guaranteed to the cafe during.the rainy winter months. This past wWter business
was non-existent when the weather turned sour. Enabling the carte to market and
provide a year round site for business will only add to sales revenue and income for
the City.
Like•I said, we enjoy our relationsbip with the City an . hope to see ar fang and
mutually rewarding collaboration. I am hopeful that the City will support the
modifications we have requested.
If you have any questions please dpWt hesitate to contact rte.
Sincerely, .,
Laura T. Simpson
Executive Director
OOOO76
RESOLUTION NUMBER 72-96
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
NCI AFFILIATES, INCORPORATED
FOR
ANNUAL FOOD SERVICE CONCESSION OPERATION
ATASCADERO LAKE PARR PAVILION FOOD CONCESSION
SEPTEMBER 1, 1996 - AUGUST 31, 1998
The City Council of the City of Atascadero, California, hereby
resolves as follows:
1. The Mayor is hereby authorized to execute an agreement
with NCI AFFILIATES, INC. for food, beer and wine
services concession operation at the Atascadero Lake Park
Pavilion.
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 receive 15-
20 percent of the concessions monthly gross sales
receipts according to the terms of the agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Atascadero, held on the 13th of August , 1996.
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
000077
Contract No.
AGREEMENT FOR SERVICES BY CONTRACTOR
FOOD SERVICE CONCESSION OPERATION
SEPTEMBER 1, 1996 - AUGUST 31, 1998
This agreement g nt is made upon the date of execution, as set
forth below, by and between "NCI Affiliates, Inc." hereinafter
referred to as "Contractor" , and the City of Atasgadero,
California, a Municipal Corporation, hereinafter referred to as
"City. " The parties hereto, in consideration of the mutual cove-
nants contained herein, hereby agree to the following terms and
conditions:
1.00 GENERAL PROVISIONS
1.01 TERM: This agreement will become effective on the
date of execution set forth below, and will continue in
effect until terminated as provided herein.
1. 02 SERVICES TO BE PERFORMED BY CONTRACTOR:I Contractor
agrees to perform or provide the services specified in
"Description of Services" attached hereto as "Exhibit All
hereby incorporated herein.
Contractor shall determine the method, details and means of
performing the above-referenced services.
Contractor may, at Contractor's own expense, employ such
assistants as Contractor deems necessary to perform the
services required of Contractor by this agreement. City may
not control, direct or supervise Contractor's assistants or
employees in the performance of those services.
1.03 GROSS SALES RECEIPTS: In consideration for the terms
of this agreement, 15 percent of the total gross earnings
monthly of all monies from sales received by ',the Contractor
from the use of the premises described in this contract.
Gross earnings shall not include any sales or excise taxes
imposed by any governmental entity.
A rent adjustment formula shall be in effect 'when the
Contractor's gross sales receipts in any calendar year
exceed 70, 000. When the Contractor's totalgross sales
receipts- during any calendar year exceed $70, 000. 00,
the percentage of rent payable to the City will increase to
twenty percent(20%) for the remainder of that year. At the
beginning of each calendar year during the term of this
agreement the percentage of rent shall be 15 percent of
gross sales receipts.
0000'78
Payment to the City of Atascadero of the percentage gross
earnings received shall by the tenth (10th) day of each
month. Payments are required to be submitted to the
City of Atascadero, Department of Community Services,
Room 107, Atascadero, California (Attention: Recreation
Supervisor) .
Payments received from the tenth (10th)` of each month to the
twenty-fifth (25th) of each month shall be considered
delinquent and assessed a ten percent (10%) penalty.
Payments received after the twenty-fifth (25th) of each
month shall be assessed an additional ten percent (10%)
penalty.
Failure by the Contractor to tender payment to the City
within thirty (30) days of any payment so due, shall be
sufficient cause for the City to terminate this agreement.
1.04 LOCATION: Premises of operations is the concession
facility located at Atascadero Lake Park Pavilion, 9315
Pismo Avenue, Atascadero, California.
1.05 SUBLEASE: Contractor shall not sublease or otherwise
convey any interest of any sort granted by this agreement to
any person or persons whatsoever without prior written
consent and approval by the City.
1. 06 RECORDS AND ACCOUNTS: Contractor shall keep true and
accurate books and records showing all of its business
transactions in separate records of account for the
concession operation, in a manner acceptable to the City.
the City shall have the right, through its representatives,
and at all reasonable times, to inspect such books and
records, including State of California sales tax records.
The City may require Contractor, at his expense, to have his
records and accounts audited by an auditor acceptable to the
City and shall present said audit to the Director of
Administrative Services within thirty (30) days after the
completion of the audit. If Contractor fails to provide
the required audit, the City shall contract to have an audit
performed at the Contractor's expense.
1.07 CONDITIONS OF PREMISES: The taking of possession of
the subject premises by Contractor shall, in itself,
constitute acknowledgement that the premises are in good and
tenantable condition. Contractor agrees to accept said
premises in the present existing condition, "as is" and the
additions, or betterments thereto.
2
000Di9
Contractor may construct or modify the said premises with
prior written approval by the Director (or designee) of the
Department of Community Services. Any plans for such
construction, if applicable shall be submitted to the City
for approval. Such construction or modification shall be
without cost to the City.
1. 08. SIGNAGE: All signs, names or placards': shall be
approved by the Department of Community Services prior to
installation. All signs must meet all requirements and
specifications as set forth by the City.
1. 09. DAMAGE TO/DESTRUCTION OF PREMISES Should the subject
premises or the building and other improvements in which the
subject premises are situated be totally or partially
damaged or destroyed, the City shall promptly', repair the
same, except that the City shall have the option to
terminate this Agreement if (a) the subject premises or the
building and improvements in which the promises are situated
cannot reasonably be expected to be restored under existing
law to substantially the same condition as existed prior to
such damage or destruction within ninety (90) days from the
date that the insurance proceeds become available to the
City; or (b) if the costs of such restoration would exceed
one-half (1/2) of the full insured value of the building and
other improvements in which the subject premises are
situated; or (c) if the damage or destruction results from a
casualty not customarily insured against by a'' policy of
standard fire and extended coverage insurance'! having
vandalism and malicious mischief endorsements;. Any notice
of termination given here shall be given to Contractor with
fifteen (15) days after City determines the period of time
required for and the estimated cost of such repair or
restoration.
2.00 OBLIGATIONS OF CONTRACTOR
2 . 01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor
agrees to devote the hours necessary to perform the services
set forth in this agreement in an efficient and effective
manner. Contractor may represent, perform services for and
be employed by additional individuals or entities, in Con-
tractor's sole discretion, as long as the performance of
these extra-contractual services does not interfere with or
presents a conflict with City's business.
2 . 02 HOURS OF OPERATION: Hours of operation to be
established by Contractor upon mutual agreement with the
Director (or designee) of the Department of Community
Services.
3
000080
2 . 03 PERMITS: Contractor is required to provide City, prior
to commencement of operation of concession, a copy of a City
Business License, A San Luis Obispo County Health Department
permit for food sales, and a Board of Equalization
Certificate.
2 .04 TAXES: Contractor agrees to pay all lawful taxes,
assessments or charges which may be levied by government
entities.
2.05 EQUIPMENT: Contractor, at his own expense, shall
completely equip the concession and keep all equipment in a
first class manner to the satisfaction of the Department of
Community Services throughout the term of this contract.
Contractor shall have a right to use the kitchen and all
City owned appliances and equipment within the kitchen
area providing, the kitchen has not been reserved for use by
the City of Atascadero and/or rented to another party or
company for use.
The City shall supply the Contractor, in writing, 30 days
prior notice when it has rented the kitchen to others and
for how long.
2. 06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES:
The City has the right to inspect and schedule the prices
and rates of goods sold upon the subject premises. The City
reserves the right to prohibit the sale of any item which it
deems objectionable or beyond the scope of merchandise/
deemed necessary for proper service to the public.
Contractor shall post rates and prices of all items in such
places as designated by the City.
2 .07 SECURITY / COMMUNICATIONS: The contractor agrees to
provide telephone and security alarm services to concession
throughout the duration of this contract at contractor's
expense.
2. 08 TOOLS AND INSTRUMENTALITIES: Contractor shall provide
all tools and instrumentalities to perform the services
under this agreement.
2 . 09 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS:
City and Contractor intend and agree that Contractor is an
independent contractor of City and agrees that Contractor
and Contractor's employees and agents has no right to work-
er's compensation and other employee benefit. If any worker
insurance protection is desired, Contractor agrees to
provide worker's compensation and other employee benefits,
where required by law, for Contractor's employees and
4
000081
agents. Contractor agrees to hold harmless and indemnify
City for any and all claims arising out of any claim for
injury, disability, or death of any of Contractor and Con-
tractor's employees or agents.
2. 10 INDEMNIFICATION: Contractor hereby agrees to, and
shall, hold City, its elective and appointiveboards, of-
ficers, agents and employees, harmless and shall defend the
same from any liability for damage or claims for damage, or
suits or actions at law or in equity which may allegedly
arise from Contractor's or any of Contractor's employees' or
agents' operations under this agreement, whether such opera-
tions be by Contractor or by any one or more persons direct-
ly or indirectly employed by, or acting as agent for, Con-
tractor; provided as follows:
a. That the City does not, and shall not, waive any rights
against Contractor which it may have by reason of the
aforesaid hold-harmless agreement, because of the
acceptance by City, or the deposit with City by
Contractor, of any of the insurance policies
hereinafter described.
b. That the aforesaid hold-harmless agreement by
Contractor shall apply to all damages and claims for
damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations
of Contractor or any agent or employee of Contractor
regardless of whether or not such insurance policies
shall have been determined to be applicable to any of
such damages or claims for damages.
2 . 11 INSURANCE: Contractor shall not commence work under
this contract until s/he shall have obtained all insurance
required under this section and such insurance shall have
been approved by City as to form, amount and carrier:
a. Public Liability and Property Damage Insµrance.
Contractor shall take out and maintain during the life
of this contract such public liability and property
damage insurance as shall protect City, its elective
and appointive boards, officers, agents and employees,
and Contractor and any agents and employees performing
work covered by this contract from claims for damages
for personal injury, including death, as well as from
claims for property damage which may arise from
Contractor's or any subcontractor's operations under
this contract, whether such operations be by Contractor
or by anyone directly or indirectly employed by
5
000082
Contractor, the amounts of such insurance shall be as
follows:
(1) Public Liability Insurance.
In an amount not less than $500,000 per injury,
including, but not limited to death to any one
person and, subject to the same limit for each
person, in an amount not less than $1,000,000 on
account of any one occurrence;
(2) Property Damage Insurance.
In an amount of not less than $50,000 for damage
to the property of each person on account of any
one occurrence.
(3) Comprehensive Automobile Liability.
Bodily injury liability coverage of $500,000 for
each person in any one accident and $1, 000,000 for
injuries sustained by two or more persons in any
one accident. Property damage liability of
$50,000 for each accident.
(4) Worker's Compensation insurance.
In the amounts required by law, if applicable.
b. PROOF OF INSURANCE.
Contractor shall furnish City, concurrently with the
execution hereof, with satisfactory proof of carriage
of the insurance required, and adequate legal assurance
that each carrier will give City at least thirty (30)
days' prior notice of the cancellation of any policy
during the effective period of this contract. The
certificate or policy of liability of insurance shall
name City as an additional insured with the Contractor.
2 . 12 CONTRACTOR'S MAINTENANCE: Except as otherwise provided
in this Agreement, Contractor, at its own cost and expense
agrees:
a. To maintain throughout the agreement term in good
sanitary order, condition, and repair, all
portions of the leased premises, including,
without limitation, (a) the interior of the
subject premises, including flooring, exposed
plumbing, lighting lamps and wiring, paint and
finish; (b) any windows; (c) the outside deck
area; (d) any personal property of the Contractor
6
000083
situated in or upon the subject premises; (e) all
City-owned kitchen appliances, including, but not
limited to the stove, grill, dishwasher,h, ice
machine, refrigerator and freezer; (f) any
heating, ventilating or air conditioning equipment
installed by Contractor in or upon the subject
premises.
The City releases the Contractor of responsibility for
the kitchen area, the appliances or equipment at such
times as the City rents or loans the kitchen to anyone
other than the Contractor.
b. To notify the City promptly of any damage to the
subject premises or the building in which they are
situated resulting from or attributable to the
acts or omissions of the Contractor, its invitees
or its authorized representatives, and thereafter
promptly to repair all such damage at Contractor's
sole cost and expense.
C. To provide janitorial services for the interior of
the subject premises.
Contractor waives the provisions of Section 1941
and 1942 of the California Civil Code with respect
to Contractor's right to make repairs and to deduct
the expenses thereof from the monthly payment payable
by the Contractor.
2 . 13 UTILITIES: Contractor shall pay the actual utilities,
including water, gas, and heat, light and power supplied to
the subject premises. There are customary and reasonable
charges one would expect to pay for these services. The
contractor agrees to pay their fair share of all utilities
including water, gas, heat, light and power supplied to
subject premises, based on the percentage of square feet of
subject premises compared with the utility charges for the
entire building site, up to a maximum charge of $200. 00 per
month. The charges will be billed to the Contractor
monthly, and payable to the City of Atascadero. Contractor
shall make all arrangements for and pay the charges when due
for telephone service.
The suspension or interruption in utility service to the
leased premises for reasons beyond the ability of City to
i 7
0000811
control shall not constitute a default by City or entitle
Contractor to any reduction or abatement of the monthly
payment due to the City.
3. 00 OBLIGATIONS OF CITY
3 . 01 COOPERATION: City agrees to comply with all
reasonable requests of Contractor necessary to the
performance of Contractor's duties under this agreement.
3 . 02 PLACE OF WORK: City agrees to furnish space at
Atascadero Lake Park Pavilion for use by the Contractor
while performing the services described within this
contract.
4.00 TERMINATION OF AGREEMENT
4. 01 TERMINATION ON NOTICE: Notwithstanding any other pro-
vision of this agreement, any party hereto may terminate
this agreement, at any time, without cause by giving at
least thirty (30) days prior written notice to the other
parties to this agreement.
4. 02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This
agreement shall terminate automatically on the occurrence of
any of the following events:
(1) Bankruptcy or insolvency of any party;
(2) Sale of the business of any party;
(3) Death of any party;
(4) The end of the thirty (30) days as set forth in this
agreement
(5) End of the contract to which Contractor's services were
necessary; or
(6) Assignment of this agreement by Contractor without the
consent of the City.
4 . 03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR:
Should any party default in the performance of this agree-
ment or materially breach any of its provisions, a non-
breaching party, at their option, may terminate this agree-
ment, immediately, by giving written notice of termination
to the breaching party.
4. 04 TERMINATION: This Agreement shall terminate on April
31, 1995, unless extended as set forth in this Section. The
City, with the agreement of the Contractor, is authorized to
extend the term if this Agreement beyond the termination
8
000085
date, as needed, under the same terms and conditions set
forth in this Agreement. Any such extension shall be in
writing and be an amendment to this Agreement.
4 . 05 REMOVAL OF ALTERATIONS: City, by giving written notice
to Contractor within thirty (30) days before the expiration
or termination of the agreement, may elect to require
Contractor, at its sole cost and expense, to ';remove the
alterations specified by City in its notice, rand shall make
such repairs necessitated by the removal of said
alterations, and any damage resulting therefrom, as may be
necessary to restore the subject premises to ood condition
and repair, excepting only reasonable wear and tear, before
the last day of the lease term or within thirty (30) days of
the City's notice. This stipulation will not affect any
improvements agreed to by the Director of Community
Services, as described in Section 1.07 of this agreement.
5.00 MISCELLANEOUS
5. 01 REMEDIES: The remedies set forth in this agreement
shall not be exclusive but shall be cumulative with, and in
addition to, all remedies now or hereafter allowed by law or
equity.
5. 02 NO WAIVER: The waiver of any breach by any party of
any provision of this agreement shall not constitute a con-
tinuing waiver or a waiver of any subsequent4,breach of this
agreement.
5. 03 ASSIGNMENT: This agreement is specifically not
assignable by Contractor to any person or entity. Any
assignment or attempt to assign by Contractor, whether it be
voluntary or involuntary, by operation of laws or otherwise,
is void and is a material breach of this agreement giving
rise to a right to terminate as set forth in ''!lSection 4 . 03 .
5. 04 ATTORNEY FEES: In the event of any controversy, claim
or dispute between the parties hereto, arising out of or
relating to this agreement, or the breach thereof, the pre-
vailing party shall be entitled, in addition to other such
relief as may be granted, to a reasonable sum as and for
attorney fees.
5. 05 TIME FOR PERFORMANCE: Except as otherwise expressly
provided for in -this agreement, should the performance of
any act required by this agreement to be performed by either
party be prevented or delayed by reason by any act of God,
strike, lockout, labor trouble, inability to !secure
materials, or any other cause except financial inability not
the fault of the party required to perform the act, the time
for performance of the act will be extended for a period of
9
000086
time equivalent to the period of delay and performance of
the act during the period of delay will be excused; pro-
vided, however, that nothing contained in this Section shall
exclude the prompt payment by either party as required by
this agreement or the performance of any act rendered dif-
ficult or impossible solely because of the financial condi-
tion of the party required to perform ,the act.
5.06 NOTICES: Except as otherwise expressly provided by
law, any and all notices or other communications required or
permitted by this agreement or by law to be served on or
given to any party to this agreement shall be in writing and
shall be deemed duly served and given when personally deliv-
ered or in lieu of such personal service when deposited in
the United States mail, first-class postage prepaid to the
following address for each respective party:
PARTY ADDRESS
A. CITY OF ATASCADERO 6500 Palma Avenue
Department of Atascadero, CA. 93422
Community Services Attention: Recreation
Supervisor
(805) 461-5003 / 461-5002
B. NCI 2125 Golden Hill Road
Paso Robles, CA. 93446
Attention: Wayne Foley
Sales & Marketing Manager
(805) 238-6630
5.07 GOVERNING LAW: This agreement and all matters
relating to this agreement shall be governed by the laws of
the State of California in force at the time any need for
the interpretation of this agreement or any decision or
holding concerning this agreement arises.
5.08 BINDING EFFECT: This agreement shall be binding on
and shall inure to the benefit of the heirs, executors, ad-
ministrators, successors and assigns of the parties hereto,
but nothing in this Section shall be construed as a consent
by City to any assignment of this agreement or any interest
in this agreement.
5. 09 SEVERABILITY: Should any provision of this agreement
be held by a court of competent jurisdiction or by a legis-
lative or rule making act to be either invalid, void or
unenforceable, the remaining provisions of this agreement
shall remain in full force and effect, unimpaired by the
holding, legislation or rule.
10
00008'7
5. 10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes
the sole and entire agreement between the parties with
respect to the subject matter hereof. This agreement
correctly sets forth the obligations of the parties hereto
to each other as of the date of this agreement. All
agreements or representations respecting the subject matter
of this agreement not expressly set forth or referred to in
this agreement are null and void.
5. 11 TIME: Time is expressly declared to be, of the essence
of this agreement.
5. 12 DUE AUTHORITY: The parties hereby represent that the
individuals executing this agreement are expressly
authorized to do so on and in behalf of the parties.
5. 13 CONSTRUCTION: The parties agree that each has had an
opportunity to have their counsel review this', agreement and
that any rule to the effect that ambiguities are to be
resolved against the drafting shall not apply';, in the
interpretation of this agreement or any amendments or
exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be
construed to define or limit the provisions to which they
relate.
5. 14 AMENDMENTS: Amendments to this agreement shall be
made only with the mutual written consent of all of the
parties to this agreement.
Executed on August 13 , 1996, at Atascadero, California.
Attest: CITY OF ATASCADERO
By:
LEE PRICE GEORGE P. HIGHLAND
City Clerk Mayor
Approved as to form:
By:
ART MONTANDON, LAURA SIMPSON
City Attorney Executive Director
NCI AFFILIATES, '''', INC.
11
000088
EXHIBIT A
PROFESSIONAL SERVICES TO BE
PERFORMED BY CONTRACTOR
Contractor shall provide consultation and professional management
services to City as follows:
The Contractor shall utilize said premises for the following
purposes:
A. Premises shall be used for the purpose of selling, but not
limited to, over-the counter items such as soft drinks,
candy, snacks, hot dogs, popcorn and cold sandwiches.
B. Furnish and install at his own expense, all necessary
equipment required for proper service to the general public.
C. The storage and service thereof shall be in an area approved
by the Director of Community Services.
D. Furnish and maintain proper facilities, equipment and
devices for the concession as herein provided.
E. Operate the facility in a business-like manner to the
satisfaction of the Department of Community Services, and
maintain said areas in conformance with the highest
standards of health and safety for patrons of said
operation.
F. All items to be sold shall be approved by the Department of
Community Services.
G. Beer and wine may be sold to be consumed on site in non
disposable containers only (eg. cans, paper cups, etc. ) . No
alcohol may be sold to be consumed off site. All state and
local laws regulating the sale of alcoholic beverages must
be strictly adhered to. Procedures must be established and
maintained to ensure that alcohol is not served or sold to
minors. The City may revoke this privilege of alcohol sales
if alcohol related problems occur related to sales from the
premises.
C:V*T51\CNTRCfS\NCIINC96.LEA
12
000089
REPORT TO CITY COUNCIL AGENDA ITEM: C-3
CITY OF ATASCADERO DATE: August 13, 1996
THROUGH: Andrew J. Takata, City Manager
Arther Montandon, City Attorney
FROM: Brady Cherry,, Director
Department of Community Services
SUBJECT: CONSIDERATION OF A RECOMMENDATION FROM THE PARKS AND
RECREATION COMMISSION TO ESTABLISH A MAINTENANCE
ASSESSMENT DISTRICT FOR THE CHARLES PADDO K ZOO AND LAKE
PARK. CONSIDERATION OF RESOLUTION NO. 6-96 TO INITIATE
PROCEEDINGS AND PREPARATION OF AN ENGINEER'S REPORT.
RECOMMENDATION•
It is recommended that the City Council adopt Resolution No. 76-96 to i itiate proceedings to
establish a Maintenance Assessment District for the Charles Paddock and Lake Park, and
authorize the preparation of an Engineer's Report for the proposed Assessment District:
(Note: This action does not imply that the City Council is in favor of or will approve the
proposed District.
BACKGROUND:
As the City Council is well aware, the Charles Paddock Zoo has seen dramatic growth and
improvement since it was started by Charles Paddock over, 40 years a . In particular, the
1980's were a time of much progress. It was during this time that the was brought up to
modern zoological standards. The Zoo gained accreditation in 1991 from t ie American Zoo and
Aquarium Association (AZA).
During the last few years however, Zoo funding has been reduced. The City's General Fund
subsidy has been reduced from$150,000 annually to approximately$70,00). Also, the financial
support from the Zoological Society of San Luis Obispo County has fl tuated. Admissions
revenue, donations and other Zoo revenues are also subject to fluctuat ons depending upon
weather, fund raising success, etc. In short, the funding sources for the harles Paddock Zoo
are very unpredictable and tenuous. As the City of Atascadero's financial condition worsens,
the Zoo's funding (and that of other City programs) has reflected the problem.
The Charles Paddock Zoo is now perilously close to losing its ability to t e operated within the
American Zoo and Aquarium Association (AZA) standards of accredita ion for a Zoological
Institution. An accreditation site visit and inspection of the Zoo was made by AZA professionals
in July, and a report will be issued in September. The continued accred ted status of the Zoo
is very much in doubt. In addition, in the last couple of years, Zoo staff have struggled to meet
000090
Federal;U.S.D.A. requirements for operation of the Zoo. The Zoo has been cited for lack of
quarantine facilities, inadequate staffing levels and minor maintenance problems in the facility.
The U.S.D.A. inspectors have the authority to levy fines against the City for any violations, and
could even have the Zoo closed. The Zoo staff have been able to avoid any type of sanctions
against the City by making progress on the Quarantine facility with volunteer help, and
correcting the maintenance and housekeeping problems. The staffing issues have not been
resolved and continue to impact the Parks Division due to the assistance needed in the Zoo.
Volunteers from the Zoological Society have also been invaluable.
The General Curator has requested an increase in the operating budget from$268,000 last Fiscal
Year to $304,000 for the Fiscal Year 1996-1997. This proposed increase does not include any
funds for needed capital improvements. Given the budget cuts forthcoming in services
throughout the City's operation, the funding increase for the Zoo is unlikely if not impossible.
Additional new funding from other sources (the Society, the County, etc.)does not appear likely
in the near term.
How then, can the community secure a prosperous future for the Charles Paddock Zoo?
Suggested revenues from sources like grants, corporate sponsorships, and major fund raising all
take time and effort. Regardless, these types of revenue enhancements should be regarded as
potential revenue to supplement Zoo funding, but cannot be relied upon to sustain the Zoo. The
Zoo needs a new revenue source that is stable and reliable from one year to the next.
The Parks and Recreation Commission and the Board of Directors of the Zoological Society of:
San Luis Obispo County addressed the issues of current service and funding levels of the Zoo
as well as options for future Zoo funding at two separate public meetings. Many options were
weighed and discussed. Ultimately, it was clear that the Atascadero community needs to
consider just how much we value the Charles Paddock Zoo. More fundamentally, the question
must be asked, "Are people of the community willing to help pay for the Zoo?" If not, it may
be safe to assume that closing the Zoo is a possibility. While looking for someone else to pay
the bills is always,a good idea (and very popular), the Zoo still belongs to the people of
Atascadero legally and otherwise. We must ensure it's future, while continuing to seek financial
support from outside of the City.
The suggestion that the Zoo can be privatized may still be an option. However; it will be
difficult without community support. Reaction from some Society Board members to Los Osos
businessman, Mr. Mike Phillips', offer to create a management agreement to run the Zoo for
the City has been mixed. Subsequent to a couple of initial meetings with staff, talks with Mr.
Phillips have broken off. He did not feel that the reception he received from the Zoological
Society and the timing of his offer were conducive to a "WIN-WIN" partnership. While some
people may oppose the idea of entering into a public-private partnership with Mr. Phillips to
operate the Zoo for various reasons, it is important to note that levying assessments on property
or virtually any other option will also have its detractors. Mr. Phillips may be willing to discuss
a partnership with him_to operate the Zoo if the conditions appear more favorable in the future.
For now, it was decided to pursue other options to secure adequate funding for the Zoo before
attempting privatization.
000091
At the meeting of July 18, 1996, the Parks and Recreation Commission voted to recommend to
the City Council that the City of Atascadero form a Maintenance Assessment District to help
fund the Charles Paddock Zoo and the Atascadero Lake Park, including the Pavilion. They
further recommend that the levies on property be within the range of$25.00 to $40.00 per year.
(If for example, a levy were to be assessed to each property in Atascadera of$30.00 per parcel,
approximately $270,000.00 would be generated for the facilities.) The Lake Park and Pavilion
were included in the proposed District due to the many needs for capital improvements and
better maintenance at those facilities that are not currently being addressed. Additionally, it was
felt that the entire community has a vested interest in a clean, safe, and,'well maintained Lake
Park as a whole. The Zoo is not unique in that existing resources do not meet maintenance and
operational demands. Therefore, the present may be an opportune time to address the funding
needs of the Pavilion and Lake Park together with the Zoo.
The services to be funded by the proposed "Lake Park and Zoo Maintenance Assessment
District" shall include, but not be limited to, maintenance of Zoo exhibits, buildings and
equipment, landscape maintenance of Zoo exhibits, buildings and equipment, landscape
maintenance of Zoo grounds, replacement of Zoo facilities and equipment, watering, fertilizing,
mowing, weed control, tree removal and pruning, removal and replacement of trees and plants,
maintenance of Pavilion and park buildings and equipment, removal or covering of graffiti,
maintenance and replacement of recreational facilities and equipment and,other necessary work
at the facilities.
The Assessment District would include the entire City. At this meeting the City Council may
decide to investigate and initiate proceedings to form the District. This initiation of the process
in no way implies that the City Council intends to approve the District. The City Council may
modify or abandon plans to form the District at any point in the process. Approval of the
Resolution in this report will order the preparation of the Engineer's report for the proposed
District.
At a subsequent meeting, the City Council may modify or approve the report. If approved, the
City Council will set and give notice to a public meeting and public hearing on the proposed
District. A notice is then mailed to all affected property owners. A public hearing is then held
a minimum of 45 days later. After the public hearing the City Council may elect to modify,
approve or deny formation of the Assessment District. The proceedings shall be abandoned with
a written majority protest of affected property owners (based on land area).
The City Council could elect to supplant General Fund subsidies to the Charles Paddock Zoo
and Lake Pavilion with Assessment District funds and allocate the savings to street maintenance.
Such a transfer of funds would give property owners in the District the added benefit of
improved road maintenance.
The Joel Fox initiative, known as the "Right To Vote On Taxes" initiative is on the November
ballot. The initiative limits the authority of local governments to impose taxes and property
related assessments, fees and charges. If it passes, the initiative may impair the City's ability
to form the Assessment District as proposed in this report. The City Attorney will present a
report on the subject at the Council meeting tonight.
000092
RESOLUTION NUMBER 76-96
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, INITIATING PROCEEDINGS TO FORM A MAINTENANCE ASSESSMENT
DISTRICT FOR ATASCADERO LAKE PARR, CHARLES PADDOCK ZOO AND
LAKE PAVILION
The City Council of the City of Atascadero, California, hereby
resolves as follows:
1. The City Council hereby proposes` the formation of a
maintenance assessment district for Atascadero Lake Park,
including the Charles Paddock Zoo and Lake Pavilion.
2. The Mayor hereby authorizes the preparation of an
engineer's report for the formation of the assessment
district pursuant to the "Landscaping and Lighting Act of
1972" .
3 . The proposed district shall include the entire City of
Atascadero.
4. Proposed District shall be named the "Atascadero Lake
Park and Zoo Maintenance Assessment District" .
5. The improvements and services to be funded by the
proposed assessment district shall include, but not be
limited to, maintenance of Zoo exhibits, buildings and
equipment, landscape maintenance of Zoo grounds,
replacement of Zoo facilities and equipment, watering,
mowing, fertilizing, aeration, weed control, tree removal
and pruning, removal and replacement of trees and plants,
maintenance of Lake Pavilion and Park buildings and
equipment, maintenance of Lake water quality, Lake
dredging and aquatic habitat maintenance, replacement and
maintenance of recreation facilities and equipment,
removal and covering of graffiti and other necessary work
at facilities.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Atascadero, held on the 13th of August, 1996.
ATTEST: CITY OF ATASCADERO
LEE PRICE, City Clerk GEORGE P. HIGHLAND, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
000093
REPORT TO CITY COUNCIL Meet ng Date: 08/13/96
CITY OF ATASCADERO i Lgenda Item : C-4
Through: Andy Takata, City Manag
From: Arther R. Montandon, ity Attorney
SUBJECT:
Ordinance No. 307 amending Section 4-2.1008 and adding Sections 4-2.1009
and 4-2.1010 to the Atascadero ,Municipal Code prohibiting skateboarding and roller
skating on public property.
RECOMMENDATION:
Adopt Ordinance 307 on second reading by title only.
BACKGROUND:
Ordinance No. 307 was introduced and first read at the City Council meeting of
July 23, 1996. The ordinance, as presented herein, reflects wording amendments
pursuant to Council direction following the public hearing on that date.
DISCUSSION:
At the meeting of July 23`a, the City Council directed staff t refer to the City's
Traffic Committee recommendations submitted by the Police Dep rtment for posting
certain public portions of the downtown as areas where skate 3oarding and roller
skating may be prohibited. Staff notes that an open recruitment for the purpose of
selecting two members-at-large and one youth representative to. erve on the Traffic
Committee will not close until August 23`x. Interviews are tentatively set for August
27', with appointments to follow._ In order to provide adequate time to initiate new
members, schedule a meeting and insure sufficient notice to the - public, a
recommendation by the Traffic Committee is not expected prior t the effective date
of the ordinance (9/12/96). Staff anticipates that a resolution authorizing posting the
downtown will be brought to Council at the first meeting in October.
Attachment: Ordinance No. 307
J6
000094
[proposed amended language in bold italics]
ORDINANCE NO. 307
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA
AMENDING SECTION 4-2.1008 AND ADDING SECTIONS 4-2.1009 AND 4-2. 1010
TO THE ATASCADERO MUNICIPAL CODE,'PROHIBITING SKATEBOARDING
AND ROLLER SKATING ON PUBLIC PROPERTY
THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
Section 1. Section 4-2.1008 is amended to read as follows:
4.2.1008. Skateboards prohibited where posted.
(a) It is unlawful for any person on a skateboard, roller skates or
similar device to go on any public or privately owned sidewalk,
parking lot or
pedestrian walkway that is generally held open for public use to serve a facility which
serves the public, including, but not limited to, shopping centers, professional offices,
malls, movie theaters, restaurants, hotels, motels, retail stores, bowling alleys, and
other business establishments, school sites and administration building, parks and
Public buildings, if properly posted as set forth in subsection (b) of this section.
(b) To be properly posted, as required by subsection (a) of this
section, the property must have signs, conspicuously posted and clearly visible in
areas where skateboarding is prohibited in order to provide reasonable notice, which
read as follows:
SKATEBOARDING AND SKATING
PROHIBITED
A.M.C. SECTION 4-2.1008
Section 2. Section 4-2.1009 is added to the Atascadero Municipal Code to
read as follows:
4-2. 1009. Seizure of evidence.
Any device used in violation of any provision of this chapter may be seized by
the enforcing officers as evidence to be removed, stored, forfeited, destroyed or
reclaimed in accordance with the law.
Section 3 Section 4-2.1010 is added to the Atascadero Municipal Code to
read as follows:
Section 4-2. 1010. Penalty.
Violations of any provision of this chapter may be either an infraction- or
misdemeanor in the discretion of the citing or prosecuting authority.
000095
Ordinance No. 307(cont'd)
Page 2 of 2
Section 4. 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 5. This ordinance shall go into effect and be in full force and effect
at 12:01 a.m. on the 31 n day after its passage.
On motion by Councilmember seconded by Councilmember
, the foregoing ordinance is hereby adopted in its entirety on the
following roll-call vote.
AYES:
NOES:
ABSENT:
ADOPTED: CITY OF ATASCADERO
ATTEST:
GEORGE P. HIGHLAND, Mayor
LEE PRICE, City Clerk
APPROVED AS TO FORM:
ART HER R. MONTANDON, City Attorney
000096