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Home My WebLink AboutAgenda Packet 10/27/1998 *PUBLIC REVIEW COPY Please do not remove AGENDA from counter ATASCADERO CITY COUNCIL MEETING TUESDAY, OCTOBER 27, 1998 City of Atascadero 6500 Palma Avenue, 4" floor Atascadero, California CLOSED SESSION, 6:15 P.M.: 1) Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: Mr. & Mrs. Hensley, 9085 Morro Road 2) Personnel: City Manager(Govt.Code Sec. 54957.6) 3) Conference with legal counsel (Govt. Code Sec. 54956.9 (b)) Significant exposure to litigation. REGULAR SESSION, 7:00 P.M.: PLEDGE OF ALLEGIANCE: Mayor Pro Tem Johnson ROLL CALL: Mayor Carden Mayor Pro Tem Johnson Council Member Clay Council Member Lerno Council Member Luna APPROVAL OF AGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. No formal action by the Council will be taken unless an item is identified on the Agenda.) 0 PRESENTATIONS: 1. Police Chief Dennis Hegwood will introduce to Council the new Police K-9 Lesko and his handler Officer Robert Mo116. 2. Proclamation"Red Ribbon Celebration" October 23-31, 1998 A COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Council may take action-to direct the staff to place a matter of business on a future agenda.) A. CONSENT CALENDAR: Roll Call (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunityfor any member of the public to address the Council concerning the item before action is taken.) 1. Del Rio Bridge Seismic Retrofit Project—Federal Aid Program Supplement No. 001-M— Fiscal Impact: None (Staff recommendation: Council authorize, by minute order, the City Manager to execute Federal Air Program Supplement No. 001-Mfor the Del Rio Bridge Seismic Retrofit Project) [Brady Cherry] 2. SLOCOPS DUI Grant Program- Multi-Agency DUI Enforcement/Education Grant— Fiscal Impact: Negligible (Staff recommendation Council adopt Resolution No. 1998- 046, authorizing the Atascadero Police Department to participate in a multi-agency DUI enforcement/education grant program) [Dennis Hegwood] B. PUBLIC HEARINGS: 1. Zone Change #98008 — Sign Ordinance Amendment Relative to Public Transit Facilities (City of Atascadero)—Fiscal Impact: Negligible (Staff recommendation: 1) Council find the project would not have significant adverse effects on the environment and that, based on the information contained in the record as it exists to this date, the Draft Negative Declaration prepared for the project should be adopted as adequate under the requirements of the California Environmental Quality Act (CEQA); and 2.) Council introduce, on first reading, waiving reading in full, Ordinance No. 354, amending the Zoning Ordinance relating to signs.) [Paul Saldanal C. MANAGEMENT REPORTS: 1. Information Bulletin 2 D. COMMITTEE REPORTS (The following represent standing committees. Informative status reports will be given, as felt necessary.): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. Finance Committee 3. Water Committees A. SLO County Flood Control & Water Conservation District Water Resources Advisory Committee B. Nacimiento Water Purveyors' Contract Technical Advisory Committee C. North County Water Task Force 4. Integrated Waste Management Authority 5. North County Council 6. Air Pollution Control District 7. County Mayor's Round Table 8. Economic Vitality Corporation, Board of Directors 9. City/ Schools Committee E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk • 4. City Treasurer' F. ADJOURNMENT: THE COUNCIL WILL ADJOURN TO THE REDEVELOPMENT AGENCY MEETING IMMEDIATELY FOLLOWING THIS MEETING. Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. 3 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING GENERAL INFORMATION The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk(Room 208), and in the Information Office(Room 103), available for public inspection during City Hall business hours. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805)461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for,against or comment in any way: • You must approach the podium and be recognized by the Mayor • Give your name and address • Make your statement • All comments should be made to the Mayor and Council • All comments limited to 5 minutes(unless changed by the Council) • 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. The Mayor will announce when the public comment period is closed, and thereafter,no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM",the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager ten days preceding the Council meeting. Should you have a matter you wish to bring before the Council, please mail or bring a written communication to the City Manager's office in City Hall prior to the deadline. Californians for Drug-Free Youth, Inc. "RED RIBBON CELEBRATION" WHEREAS, Pobacco, alcohol and other drug use and abuse has reached pandemic stages in California and throughout the United States; and, WHEREAS,It is imperative that community members launch unified and visible tobacco, alcohol, and other drug prevention education programs and activities to eliminate the demand for these substances; and, WHEREAS, Californians For Drug-Free Youth, Inc. (CADFI), coordinates the California Red Ribbon Celebration in cooperation with National Family Partnership to offer our citizens the opportunity to demonstrate their commitment to healthy, drug free lifestyles; and, WHEREAS,President Bill Clinton is the National Honorary Chairman, and Governor Wilson and Mrs. Gayle Wilson are the State Honorary Chairpersons to provide national and state focus on a Drug-Free America; and, WHEREAS,Red Ribbon Celebration will be observed across America during RED RIBBON WEEK, October 23-31, 1998; and, WHEREAS Parents Youth Government, Business, Law Enforcement, Schools, Religious Institutions, Service Organizations, Social Services, Health Services, Media, and the General Public will demonstrate their commitment to drug free communities by wearing and displaying Red Ribbons during this week-long celebration; and, x WHEREAS, Ae Community of Atascadero further commits resources to ensure the success of the RED RIBBION CELEBRATION and year round tobacco, alcohol and other drug prevention efforts; and, NOW THEREFORE,BE IT RESOLVED, that the City Council of the City ofAtascadero does hereby support October 23-311998 as RED RIBBON WEEK, and encourages all citizens to participate in tobacco,;alcohol, and other drug prevention programs and activities, making a visible statement and commitment to healthy, drug free communities in which to raise a generation of drug- free youth; and, BE IT FURTHER RESOLVED, that the City Council of the City ofAtascadero encourages all community members to pledge:NO USE OF ILLEGAL DRUGS, AND NO ILLEGAL USE OF LEGAL DRUGS Harold L. Carden, III, Mayor City ofAtascadero October 27, 1998 ITEM NUMBER: A — 1 DATE: 10/27/98 `■ern � ® iais ® is a City Manager's Agenda Report Wade G. McKinney Del Rio Bridge Seismic Retrofit Program RECOMMENDATION: Staff recommends that Council authorize,by minute order,the City Manager to execute a Federal Aid Program Supplement No. 001-M for the subject project. DISCUSSION: The California Department of Transportation CalTrans has determined that the Del Rio Bridge P p (CalTrans) g requires structural modification to resist seismic forces, and that the seismic modification (retrofit) is covered by the Highway Bridge Replacement and Repair Seismic Retrofit Program. CalTrans has contracted for the design for the retrofit and delivered it to the City. A Program Supplement to the Administering Agency-State Agreementmust be executed by both the City and the Statebefore CalTrans can reimburse the City for qualified Preliminary Engineering and Construction expenditures. The Program Supplement No. 001-M provides for 100%reimbursement to the City for qualified Preliminary Engineering expenditures. These expenditures will encompass preparation of the contract documents, advertising for bids and award of the construction contract. At the time of contract award,this Program Supplement will be modified to include construction and construction administration costs. FISCAL IMPACT: The Program Supplement will permit the City to apply for and receive reimbursement of qualified expenditures. The seismic retrofit of the Del Rio Road Bridge is included in the FY 98\99 Budget approved by the Council. 000001 ITEM NUMBER: A - 1 DATE: 10/27/98 ALTERNATIVES: 1. Take no action. The seismic strengthening determined necessary by CalTrans will not be performed. - 2. Perform the seismic strengthening with City funds without reimbursement. RESPONSIBLE DEPARTMENT: Community Services ATTACHMENTS: Attachment A -Program Supplement No. 001-M Attachment B - September 30, 1998 CalTrans Letter of Transmittal 000002 PROGRAM SUPPLEMENT NO. M001 Date: September 25, 1998 to Location: 05-SLO-0-ATAS • ADMINISTERING AGENCY-STATE AGREEMENT Project Number: STPLZ-5423(007) FOR FEDERAL-AID PROJECTS NO. 05-5423 E.A. Number: 05-927012 This Program Supplement is hereby incorporated into the Agency-State Agreement for Federal Aid which was entered into between the Agency and the State on 05/21/98 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: In the City of Atascadero on Del Rio Rd @ Graves Creek, Brd. No. 49C-0163 TYPE OF WORK: Seismic Retrofit LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PRASE(S) OF WORK [X] Preliminary Engineering [ ] Right-Of-Way [ ] Construction [ ] Construction Engineering Estimated Cost Federal Funds Matching Funds BMS $6,206.00 LOCAL STATE SEIS OTHER $9,810.00 $0.00 $3,604.00 $0.00 CITY OF ATASCADERO STATE OF CALIFORNIA Department of Transportation By BY Chief, Office of Local Programs Date Project Implementation Attest Date Title I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officet/M V/W& d16Date 9k $9,810.00 Chapter Statutes Item ar Progr BC Rind Source AMOUNT 282 1997 2660-125-042 7-98 y.30, G90 C 224060 042-T 3,604.00 282 1997 2660-101-890 10.690 C 224060 892-F 6,206.00 000004 Program Supplement 05-5423-M001- ISTZA Page 1 of 3 05-SLO-0-ATAS 09/25/1998 STPLZ-5423(007) SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article. III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements . 2 . The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project._Agreement (PR-2) /Detail" Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of' Local Programs Project Implementation. 3. This agreement supplements the Local Agency-State Master Agreement for Federal-Aid projects, with the understanding that • all provisions of the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) apply. 4. The Local Agency will advertise, award and administer this project in accordance with the current Local Program Procedures or the new Local Programs Manual, when issued. 5. The Local Agency agrees to use their own funds to pay for any portion of the project not eligible under the Seismic Safety Retrofit Program. 6. The Local Agency agrees to advertise- the ..project no later than six (6) months after receipt of the structural plans, specifications and estimates from the State. 7 . The Local Agency will utilize the structural plans, specifications and estimates (PS&E) provided by the State and will be responsible for completion of the non-structural PS&E and for preparation of the contract documents, and for advertisement, award and administration of this project. , -- 8. roject. , ;8. State Seismic funds will provide the match to Federal Funds, as well as Local Agency overhead costs, relating to seismic project . development. 9. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report 000005 Program supplement 05-5423-M001- ISTEA Page 2 of 3 05-SLO-0-ATAS 09/25/1998 STPLZ-5423(007) SPECIAL COVENANTS OR REMARKS covering the allowability of cost payments for each individual consultant or sub-contractor incurring over .$25,000 on the project. The audit report must state the applicable cost principles utilized by the auditor i:n .determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, _Allowable Costs • • 000006 Program Supplement 05-5423-M001-. ISTEA Page 3 of 3 Fecei'lvm�d o- z-qg STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY PETE WILSON,Governor DEPARTMENT OF TRANSPORTATION DESIGN AND LOCAL PROGRAMS P.O.BOX 942874, MS#1 SACRAMENTO,CA 94274-0001 TDD(916)654-4014 (916)654-3151 Fax: (916)654-2409 September 30, 1998 File: 05-SLO-0-ATAS STPLZ-5423(007) IN THE CITY OF ATASCADERO ON DEL RIO RD @ GRAVES CREEK,BRD. NO. 49C-0163 Mr. John B. Neil Assistant City Engineer City of Atascadero 725 Creston Road, Suite B Paso Robles,CA 93446 Dear Mr. Neil: Enclosed are two originals of Program Supplement Agreement No. 001-M to Administering i Agency-State Agreement No.05-5423 covering: Preliminary Engineering for the above-referenced project. Please sign both copies of this Agreement and return them to this office,Office of Local Programs- MS 1. Alterations should not be made to the agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. Your prompt action is requested. No invoices for reimbursement can be processed until the agreement is fully executed. .Sincerely, SIU ADY, Chief Office of oval Programs Project Implementation • Enclosure cc: OLP AE Project Files 000008 (05) DLAE-Jerald T. Gibbs "We'll Find a Way" AGTLRFED.FRX ITEM NUMBER: A - 2 DATE: 10/27/98 ES City Manager's Agenda Report Wade G. McKinney SLOCOPS DUI GRANT PROGRAM RECOMMENDATION: Staff recommends Council adopt Resolution No. 1998-046, authorizing the Atascadero Police Department to participate in a multi-agency DUI.enforcement/education grant program. DISCUSSION: The California Highway Patrol has been approved to receive a Driving Under the Influence, (DUI) Enforcement Grant from the Office of Traffic Safety. The grant is established to form a joint task force with other county law enforcement agencies to work concentrated patrols focused on DUI enforcement. Each Agency will deploy roving patrols staffed by four officers for four hours on an overtime basis on ten occasionson Fridays and Saturdays throughout the holiday period (November 27, 1998 through December 31, 1998)with the exception of Christmas Day. The Grant will reimburse the city for overtime funds expended, for 160 hours of overtime computed at top step officer pay. The City Police Department routinely participates in the Avoid the Eleven Program, a program where law enforcement agencies in the county join together to raise awareness of the DUI problem and the potential for the harm it has. The agencies make concerted efforts to focus on DUI enforcement during the holiday season. In 1995 the California'Highway Patrol was awarded a DUI Enforcement Grant. This grant was also a multi-agency DUI enforcement program. The Department participated in that grant by resolution of the City Council. FISCAL IMPACT: The fiscal impact will range between a slight positive reimbursement to a maximum cost of $396.80 depending upon the pay step of participating officers. The grant authorizes the use of 000009 ITEM NUMBER: A - 2 DATE:-1 0/27/98 160 hours of overtime computed at top step officer wages only ($30.61). The cost to the City for a top step officer at time and a half is $33.09. The only additional expenditures that may be incurred but not covered by the grant would be booking fees and court overtime attributed to the arrests made in conjunction with the program. RESPONSIBLE DEPARTMENT: Police Department ATTACHMENTS: Resolution No. 1998-046 Letter from the Highway Patrol outlining the program. 000010 RESOLUTION NO. 1998-046 RESOLUTION OF THE CITY COUNCIL • OF THE CITY OF ATASCADERO AUTHORIZING THE ATASCADERO POLICE DEPARTMENT TO PARTICIPATE IN A MULTI-AGENCY DUI ENFORCEMENT/EDUCATION GRANT WHEREAS,the California Highway Patrol has applied for an Office of Traffic Safety grant for the creation of a multi-agency DUI enforcement program; and WHEREAS,the grant includes participation by the Police Departments of Arroyo Grande, Atascadero, Pismo Beach, San Luis Obispo, Grover Beach, Morro Bay, Paso Robles, California Polytechnic State University, Sheriff's Department of San Luis Obispo County, and California State Parks and Recreation; and WHEREAS,the grant fully funds the participation on the Atascadero Police Department personnel; and WHEREAS,the participation of all agencies will enhance public safety in the entire San Luis Obispo County area based upon a reduction in DUI related traffic accidents; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Atascadero hereby authorizes the Atascadero Police Department to participate in the grant (known as SLOCOPS) and authorizes the Chief of Police to sign the participation agreement. On motion by Council Member and seconded by Council Member , the forgoing resolution is hereby adopted in its entirety on the following roll call vote: Ayes: Noes: Absent: Adopted ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON, City Clerk HAROLD L. CARDEN, III, Mayor APPROVED AS TO FORM: • ROY A. HANLEY, City Attorney 000011 State of California—Business,Transportation and Housing Agency PETE WILSON, Governor DEPARTMENT OF CALIFORNIA HIGHWAY PATROL 675 California Boulevard M' • San Luis Obispo, CA 93401-2591 (805)593-3303 (800)735-2929(TT/TDD) (800)735-2922(Voice) >wa October 5, 1998 File No.: 745.A11399 ATe,,SCAD_R Chief Dennis Hedgwood Atascadero Police Department P. O. Box 911 Atascadero, California 93422 Subject: 1998 SLOCOPS GRANT INFORMATION Dear Chief Hedgwood: The California Highway Patrol (CHP), Office of Special Projects, has recently advised us that the SLOCOPS grant proposal for 1998 has been approved subject to the availability of funding. Confirmation of funding availability will not be known until • October 1, 1998, the start of the fiscal year. Once the Office of Traffic Safety approves funding the implementation of the project will be as follows: Phase I - will consist of DUI awareness training seminars to be held twice throughout the county. The seminars will be open to all peace officers with the intent to educate and refresh officers in the recognition and apprehension of the drinking driver. This training will be conducted by a CHP Drug Recognition Expert (DRE). Phase II deployment of roving patrols by four officers on an overtime basis from each participating agency on ten occasions during Friday and Saturday throughout the holiday period (November 27, 1998 through December 31, 1998), with the exception of Christmas Day. Phase III - data gathering to asses the effectiveness of the project. Phase IV - completion computer generated final report for your information. Your agency's participation in this project is contingent upon funding approval. We are confident the project will be fully funded. Therefore, we are requesting that you take appropriate action to procure a "Resolution' or a "Memorandum of Understanding," as appropriate. It will be necessary to obtain an updated version of the resolution/memorandum, similar to the one submitted during the last SLOCOPS project (1996), and return it to our Department as soon as possible. . 000012 Chief Dennis Hedgwood Page 2 • October 5, 1998 An interagency agreement describing the particulars of reimbursement will be sent to your agency within the next few weeks. Sergeant George Vadney will be the CHP SLOCOPS grant coordinator and will serve as a liaison for all the participating agencies. It would be very helpful if each agency would provide him with the name of a contact person, or coordinator, to whom he may direct any additional information. If Sergeant Vadney or I can be of any assistance to you or answer any questions, please do not hesitate to call. Thank you for your cooperation. Sincerely, J.M. PHILLIPS, Captain Commander San Luis Obispo Area • 000013 ITEM NUMBER: B - 1 DATE:_ 10/27/98 ..i ®ill iJi® � a iais ® 5-79 \ CA] // City Manager's.Agenda Report Wade G. McKinney Zone Change #98008 Sign Ordinance Amendment relative to Public Transit Facilities (City of Atascadero) RECOMMENDATIONS: Staff recommends that the Council: 1. Find the project would not have significant adverse effects on the environment and that, based on the information contained in the record as it exists to this date, the Draft Negative Declaration prepared for the project should be adopted as adequate under the . requirements of the California Environmental Quality Act(CEQA); and 2. Introduce, on 'first reading, waiving reading in full, Ordinance No. 354, amending the Zoning Ordinance relating to signs. DISCUSSION: Background: On October 6, 1998, the Planning Commission considered a request by the City's Community Services 'Department to place advertising signs on the side of the El Camino Real Shuttle buses and along benches along the route (Attachment "A"). The proposed ordinance will permit for the placement of a sign on each side of the buses not to exceed six (6) square feet and one sign on each bench, not to exceed 10"by 36" (Attachment"B" & "C"). Much of the discussion that occurred at the Planning Commission was focused on the"policies" of the placement of signs, including types of advertisers, costs, length of lease, etc., all of which will be considered under separate action by the City. Following the public hearing and discussion of these issues, a majority of the Planning Commission voted to allow signs to be placed on buses (5-1) and a majority of the Commission voted to recommend against allowing advertising on benches (4-2). However, when the Commission considered the Resolution formalizing such recommendations, the Commission voted 3-3 and the recommendation failed to pass. 000014 ITEM NUMBER: B - 1 DATE:-1 0/27/98 Therefore, the staff report has been prepared with the same staff recommendation and analysis as presented to the Planning Commission. Analysis: The Sign Ordinance separates signs into four (4) general categories: exempt,.allowed, prohibited or nonconforming. The proposed signs are neither exempt, allowed nor nonconforming; technically, they are considered prohibited as "off-premise" signs and/or "portable" signs. Off-premise signs are described as signs which "direct attention to a business, service or product not sold or offered on the premises on which the sign is located" and portable signs are described as signs"not permanently affixed to the ground or a building, and that are not otherwise allowed [Section 9-15.003(d)]." Staff supports the general rule that both off-premise signs and portable signs should be prohibited. The proliferation of such signs competing with one another would clutter the streetscape and thwart the expressed intent of the City's sign regulations (Section 9-15.001) as well as aesthetic goals established in the General Plan Section 9-15.005 of the Sign Ordinance lists signs, which are allowable in all zoning districts either by Conditional Use Permit or Administrative Use Permit. The ordinance does provide for community identification signs which are allowed as information kiosks and changeable copy signs. If the proposed signs were informational in nature, as opposed to commercial in nature, they would be conditionally allowed under the existing Sign Ordinance as changeable copy . signs. In order for the proposed signs to be permitted, however, an amendment of the Sign Ordinance is required. If approved, it is anticipated that the City will adopt formal policies dealing with the type of advertisement allowed, costs, length, etc. Conclusions: The potential for signs in connection with public transit facilities was not considered when the current Sign Ordinance was drafted because, at that time, it was not known that there would be public transit facilities. Staff is therefore viewing the proposed Sign Ordinance amendment as more of an editorial reconsideration than a substantial re-write of the basic regulations that apply today. The proposed Sign Ordinance amendment represents a creative way for the City to subsidize the public transit program. The proposed amendment is consistent with the General Plan and zoning requirements and would further a public purpose. FISCAL IMPACT: The proposed Sign Ordinance amendment would enable the City to sell advertising space on the sides of publicly owned transit buses and on the back of publicly owned bus stop benches. The staffing costs to implement such a program would be negligible yet the income derived from such sales may help to offset bus stop amenities and other transit related costs. 000015 ITEM NUMBER: B - 1 DATE: 10/27/98 ALTERNATIVES: Alternative #1 — The City Council could make no changes to the, existing Sign Ordinance. Under this scenario, the proposed transit signs would not be allowed and the use of advertising signs as a means to offset the cost of providing the transit service would be prevented Alternative #2 — The City Council could amend the Sign Ordinance to allow for advertising on either the buses or benches simply by revising the Ordinance attached hereto. ATTACHMENTS: Attachment A --Bus Route & Bench Locations Attachment B --Proposed Bus Signs Attachment C -- Proposed Bench Signs - Attachment D—Planning Commission Minutes October 6, 1998 Attachment E—Ordinance Number 354 000016 1 City of Atascadero Staff Report • Attachment A—Bus Route/Bench Locations EL C"INO SHUTTLE Monday-Friday 7:00AM- 7:OOPM TWIN CrrIES HOSPITALt Indicates a designated bus stop for both f� LAS TnsLns North and South bound trips.Bus Stop are located on the East side of EI Camino Real for Northbound runs and on the West side t of El Camino Real for Southbound runs — o� SANTA CRUZ R DEL RIO RD. SANBENITO R Y7� SANANSELMO w O� SANJACINTO �y ROSARIO � TRAFFIC WAY CENTURYPLAZA R W PUEBLO R CURBARILAVE W PALOMAR W POST OFFICE MUSSELMAN .SAN DIEGO 0 oy • 6� PALOMA PARKA 000017 no a ® . tats a 11 9 City of Atascadero Staff Report Attachment B—Proposed Bus Signs ATASCADERO TRANSIT TYPICAL ADVERTISING DETAIL- Q°IES STATT -TIRED ROUTE SERVICE "THE OLDIES STATION" '�- HOME OF GREYHOUND .— FOOTBALL Sign area not to exceed 6 Sq. Ft. per side All signs to be approved by the City 000018 a a,a an 'a ' 1 8 City of Atascadero Staff Report Attachment C—Proposed Bench Signs ATASCAnEn111-JTRANSIT TYPICAL BENCH DETAIL ...:}•:.:S:1V.::.}`.1•.1:'..}1:•}_:a;::V:;v{.v.}f•::•}::}};.ti:;11ti.;{•}::};:.}:�.}:4•}1r}{}{i{ };r.;:,r•.•:1•{:}•}:.::::'•1.{:1}}}:•. 1.:.;{:}�`�,�.,'1}�titii Si•{'' 1•L'*:v{':•:•'•k�1:Yk$�•{h~':�•{r. r:fi:l,.•:vV•:1'iv 1f 1•::{. 010-104.5 L•lIl :'1 •L`}'.:1'�:.:�k•}t•:k••'�:1ti �'r:: v h::�}}.1•:} 7�'kh• k:.?1:1•r`h•vti1'"C:ij{}{•:�'1�tii kt;.• fr:;ti'�1''i r}fj'ti}t "THE OLDIES STATION" x.��:tiL f�1}}i.t;•:':}ti{ti}'~k:•}1{,hiS i{'}-�i.r{ a{;:.::.,1:a:�,� HOME OF GREYHOUND FOOTBALL :; ...... {•}}:{{•}:{�'r�r v:1r•;titi'kti•. X.,k' }.{{;:},{•v.�:i•}:1 .v• . :{•a{L::{:ti•a{{':{'}}\TL{Y}k}.:•.}.:•}:{{•i:4ii:{'ti{Lti.•:':':•};{ti!';•:.{{{','•:{{•:{{y1:a'::}•J`::{{Y::{{{L'.h�Y�:}'1ti:•titiV;1.;1ti{ti Benches to be vinyl coated metal Seat and Back expanded metal Bench is 6' in length Color - Green Signs to be aluminum plate with vinyl design w Sign area is 10" X36" w All signs to be approved by the City 000019 ATTACHMENT "D" • Minutes Excerpts October 6, 1998 SUBJECT: B. HEARINGS,APPEARANCES AND REPORTS 1. Zone Change#98008- City-Wide(City of Atascadero) Proposal to amend the City of Atascadero Sign Ordinance to allow for the placement of advertising signs on buses and bus stop benches in connection with public transit facilities. (Staff recommendation: (1) That the Negative Declaration prepared for the Zone Change amendment satisfies the requirements of the California Environmental Quality Act (CEQA) and is adequate; (2)Adopt Resolution No. PC 1998-031, thereby recommending that the City Council amend the City's Sign Ordinance to provide for the placement of signs associated with public transit faciities). STAFT RECOMMENDATION: (Gary Kaiser) Staff recommends that the Planning Commission take the following actions: 1. The Commission finds the Negative Declaration previously prepared for this project to be adequate under the provisions of the California Environmental Quality Act (CEQA) and . State and local guidelines for the implementation of that Act. 2. The Commission adopts Resolution#PC 1998-031 recommending that the City Council amend the City's Sign Ordinance to provide for the placement of signs associated with public transit facilities). Gary provided the staff report; giving the Commission alternatives they could consider other than stall's recommendation: (1) The Commission could recommend no changes to the Sign Ordinance, (2)Recommend placement of signs on buses only, or(3)Recommend placement of signs on bus stop benches only. There were questions from the Commissioners regarding cost, terms of lease, would signs be placed on both sides and back and front of the buses, could non-profit organizations.advertise for no charge, etc. Paul Saldana responded that the Community Services Department was still considering policies, options, and costs. They're looking at how they can use this to increase public awareness of the public transit system and potentially using it with other media, i.e., radio, newspapers, as a trade for advertising space. Commissioner Arrambide said he would be interested in discussion as to how and why this type of advertising should be limited to City vehicles, if this was allowed. • 000020 TESTIMONY: • Rush Kolmaine, PO Box 1990, Atascadero-thought this was a good idea and felt we need to make modifications to the Sign Ordinance so we can have buses and benches available for commercial advertising. Lon Allen, 6815 Santa Lucia-wanted to know if KIQO was already locked in to get a sign on one of the buses, and could Diamond Adult World advertise on the side of one of the buses? Mike Murphy, 9320 Santa Clara-thought it was a win/win situation, but expressed concern over who would be deciding what goes on the side of the buses-like cigarettes-for example, would be unacceptable. Rush Kolmaine, PO Box 1990, Atascadero-stated that local government does not have the right to tell businesses or individuals what they can advertise. He felt that the advertising contract could be written so certain obscenities can be prohibitive. . . . . . . . .end of public testimony. . . . . . . . There was considerable discussion among the Commissioners regarding size of signs, color schemes, appropriateness of businesses that should or should not be able to advertise. Some Commissioners felt it would be discrimination to allow the City to advertise in a way that we wouldn't allow the private sector to do. Also, there was discussion that allowing advertising on buses and not bus benches might be more appropriate. Commissioner Arrambide felt very strongly that advertising on buses and bus benches was just one more step toward the urbanization of this community. He thinks we have a tremendous responsibility to have a fiscally sound community and to retain our rural character; and bus signs and bench signs are not in it. ACTION: The Commission finds the Negative Declaration previously prepared for this project to be adequate under the provisions of the California Environmental Quality Act(CEQA) and the State and local guidelines for the implementation of that Act. Motion: Zimmerman Second: Eddings AYES: Zimmerman,Eddings, Clark, Sauter, Hageman NOES: Arrambide ABSENT: Fonzi • 000021 • MOTION PASSED: 5:1 ACTION: Prohibit the placement of advertising signs on bus benches. Motion: Zimmerman Second: Arrambide Discussion: Commissioner Eddings appealed to his fellow Commissioners to allow the place- ment of signs on the bus benches-feels this project is for a good cause. AYES: Zimmerman, Arrambide, Clark, Sauter NOES: Hageman, Eddings ABSENT: Fonzi MOTION PASSED: 4:2 ACTION: Allow placement of advertising signs on the public transit buses. Motion: Zimmerman Second: Eddings AYES: Zimmerman, Eddings, Clark, Sauter NOES: Arrambide, Hageman ABSENT: Fonzi MOTION PASSED: 4:2 At this time, Chairman Zimmerman asked Paul Saldana to read how Resolution No. 1998-031 would be revised to reflect the actions of the Planning Commission. Paul referred to Exhibit"A" on Page 17 which would read as follows: "4. Public Transit Facilities: At the discretion of the Community Services Director, advertising signs may be placed on buses used in connection with a public transit program provided by the City of Atascadero. Signs on buses shall be limited to one (1) on each side,neither of which exceed six(6)square feet. Additional signs and/or modified signs associated with public transit facilities may be approved through the • Conditional Use Permit process." 000022 There was discussion on whether any other changes in the Resolution would be necessary. Paul explained that the language that had been amended was the only language that needed to be changed as that was the actual wording that would appear in the ordinance that was being proposed to the City Council. Commissioner Hageman asked to reopen the vote which prohibited the placement of advertising signs on bus benches. ACTION: Reopen the vote on the motion to"prohibit the placement of advertising signs on bus benches". Motion: Sauter Second: Zimmerman Discussion: Commissioner Eddings said that he has seen signs on bus benches all over the United States advertising private businesses and he has never heard anyone scream discrimination or heard anyone complain of the ambiance that's been destroyed. AYES: Sauter, Zimmerman, Hageman, Clark, Arrambide NOES: Eddings ABSENT: Fonzi . MOTION PASSED: 5:1 ACTION: Adopt Resolution No. PC 1998-031, as amended. Motion: Sauter Second: Zimmerman AYES: Sauter, Zimmerman,Clark NOES: Eddings, Hageman,Arrambide ABSENT: Fonzi TIE VOTE-NO ACTION 000023 ORDINANCE NO. 354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 15 OF TITLE 9 OF THE ATASCADERO MUNICIPAL CODE RELATING TO SIGNS ON PUBLIC TRANSIT FACILITIES WHEREAS, the City Council of the City of Atascadero held a duly noticed public hearing on October 27, 1998 to consider an amendment to the City's zoning regulations governing the placement of advertising signs on public transit facilities in the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to enact these amendments to the Atascadero Municipal Code to provide for the placement of such signs; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment and therefore the Negative Declaration meets the requirements of the California Environmental Quality Act and is adequate. THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS: Section 1. Section 9-15.005(d) is amended as follows: 6c4. Public Transit Facilities: At the discretion of the Community Services Director, advertising signs may be placed on buses and designated bus stop benches used in connection with a public transit program provided by the City of Atascadero. Signs on buses shall be limited to one (1) on each side, neither of which exceed six (60 square feet. Signs on benches shall be limited to one (1) sign which shall be placed on the back of the bench and which shall not exceed 10" x 36". Additional signs and/or modification signs associated with public transit facilities may be approved through Conditional Use Permit process." Section 3. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid in whole or in part by any court, such a decision shall not affect the validity of effectiveness of the remaining portions of this ordinance, or any part thereof. If the application of any provision of this ordinance or any person, property, or circumstance is found to be unconstitutional or invalid in whole or in part by any Court, such decision shall be limited to the person, property or circumstance immediately involved in the controversy, and the application of such provision to other persons,property and circumstances shall not be affected. Section 4. The City Clerk shall cause this Ordinance to be published once within thirty (30) 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 000024 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 on the 31" day after its passage. On the motion by and seconded by the foregoing ordinance is approved by the following vote: AYES: NOES: ABSENT: DATE ADOPTED: HAROLD L. CARDEN, III, Mayor City of Atascadero, California ATTEST: • MARCIA MCCLURE TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney • 000025 ITEM NUMBER: C - 1 ■ °° ° ® j DATE: 10/27/98 • leis ® ia City Manager's Agenda Report Wade G. McKinney Information Bulletin A. SUGGESTED ROUTES TO SCHOOLS On October 7, 1998, the San Luis Obispo Council ofGovernmentsadopted the regional five year Capital Improvement Program for transportation projects. Among the projects approved, was $136,900 for the Suggested Routes to School program. Combined with the local match, the total project cost estimate of$171,900 is fully funded. The project will be completed on priorities as shown on the attached exhibit, established by the School District, as funds from SLOCOG are allocated during each of the next three (3) fiscal years. The School District and City staff have worked closely together in developing the competitive proposal that received funding. • B. COMMUNITY PLANNING PROJECT The City and Regional Planning Department from Cal Poly has selected Atascadero as the "case study" for the Department's Third Year Community Planning Laboratory. The emphasis of the year long program is to assist the students in developing a working knowledge of community and land use planning by applying theoretical knowledge about planning to address actual planning issues. The first phase will focus on collecting and analyzing data pertaining to the City's general plan element(s), conduct a land use inventory and identification of key planning issues. The subsequent phases will include developing goals and objectives and formulation and evaluation of alternative concepts and will conclude with the students developing a draft plan that will include recommendations on ways to implement the plan through development regulations, growth management measures and capital improvement programs. During the course of the year, the students will conduct meetings to solicit views from local residents and will be making presentations to the Planning Commission and City Council. The students will be simulating the process of developing a General Plan and will provide information that would likely be useful in future General Plan revisions. They will be working closely with the Community Development Department and will present the City with final reports and recommendations. The information obtained in previous class projects, such as this one, has been both rewarding for the students and helpful in the City's long range planning process. 000026 City ofAtascadcro Atamadero Unified School District • Suggested Routes.to School Project suurnnaiy October 1998 000027 Suggested Routes to School The City of Atascadero and the Atascadero Unified School District have been working cooperatively to develop a plan to improve the routes to schools within the community. This plan was designed to meet the guidelines of the State School Area Pedestrian Safety Manual and recommendations contained in the City's Traffic Safety Report. Input was solicited from each school site, PTA representatives and the District's Safety Committee. Additional input was provided by the City's Traffic Committee and Community Development Department. The study analyzed a variety of improvement alternatives including school zone signing, sidewalks, bikeways, school crossings, traffic controls and roadway improvements. The final list of projects was submitted to the City in a draft report in 1997. - The City Engineer prepared a detailed cost estimate for each of the proposed projects for the District's use in establishing a priority list . The priority list shown on the following page,was established to address the most immediate needs of the District. The priority list and final cost estimate was presented to the City-School Committee, consisting of members of the City Council and School Board The Committee supported the concept of seeking grant funding for the project and recommended the project to the. City for inclusion in their regional transportation grant requests. The City submitted the Suggested Routes to School as a grant request under the Regional Surface Transportation Program. The.City was awarded frill funding by the San Luis Obispo Council of Governments in August and will be allocated funding over the next three fiscal years. The funding will be matched by the City with finding set aside from it's Capital Improvement Program. This project culminates a 4 year long effort involving each of the school sites, District personnel,and a variety of City personnel and committees. 000028 ATASCADERO UNIFIED SCHOOL DISTRICT SAFE ROUTES TO SCHOOL PROJECT PRIORITIZED SUMMARY OF IMPROVEMENTS AND ESTIMATED COSTS PRIORITY SITE RECOMMENDED ESTIMATED IMPROVEMENT COST 1 Junior High Install flashing yellow beacon and $ 15,000 overhead school sign on West Mall 2 San Benito Clear tree limbs and brush on San Benito $ 2,000 Elementary Road between El Camino Real and Del Rio Road 3 San Benito Re-paint yellow crosswalk at $ 600 Elementary intersections 4 Monterey Rd Re-paint crosswalk and"Slow School $ 400 Elementary Xing" pavement marking for use with adult crossing and 5 San Benito Construct 6' wide aggregate base $ 36,800 Elementary shoulders along both sides of Traffic Way between Carizo Road and the school site, 2,500+_ 6 San Benito Construct 4' wide asphalt concrete $ 8,800 Elementary walkway along one side of San Benito Road from Del Rio Road to the school site 200'+ 7 Santa Rosa Construct 4' wide decomposed granite $ 12,200 Elementary walkway along one side of Santa Rosa from West Font to school site 800'+ 8 Santa Rosa Construct decomposed granite walkway $ 14,600 Elementary along one side of Old Santa Rosa from West Front to Atascadero Avenue 850'+ 9 San Gabriel Construct 4' wide decomposed granite $ 27,600 Elementary walkway along one side of San Gabriel from SR 41 to school site 2,200' + 10 High School Eliminate one-way couplet on Atascadero $ 8,500 Mall 11 San Benito Install flashing yellow beacon and $ 15,000 Elementary overhead school sign on Traffic Way 12 Monterey Rd Install flashing yellow beacon and overhead $ 15,000 Elementary school sign on Traffic Way 13 San Gabriel Install flashing yellow beacon and $ 15,000 Elementary overhead school sign 14 San Gabriel Signal warrant analysis for San Gabriel/ $ 3,0009 Elementary Hwy 41 Intersection 000029 SAFE ROUTES TO SCHOOL COMPLETED PROJECTS SITE RECOMMENDED ESTIMATED COMMENTS IMPROVEMENTS COST High School Revise parking lost access onto N/A Project complete San Andres near basketball courts Junior High Install two 25mph school zone N/A Project complete signs,paint"Slow School Xing" pavement markings San Benito Install standard school zone N/A Project complete Elementary signage • Clear brush on Traffic Way N/A Project complete between Chico Road and San Jacinto Avenue Santa Rosa Install standard school zone N/A Project complete Elementary signage Relocate utility pole obstructing N/A Project complete pathway along Santa Rosa San Gabriel Install standard school zone N/A Project complete Elementary signage 000030