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HomeMy WebLinkAboutAgenda Packet 08/25/1998 CHAMBER OF AGENDA COMMERCE ATASCADERO CITY COUNCIL MEETING TUESDAY,AUGUST 25, 1998 City of Atascadero 6500 Palma Avenue,4"'floor Atascadero,California CLOSED SESSION, 6:30 P.M.: 1) Conference with labor negotiator(Govt. Code Sec. 54957.6) Agency Negotiator: City Manager Employee organizations: Atascadero Fire Captains 2) Personnel: City Manager REGULAR SESSION,7:00 P.M.: PLEDGE OF ALL GIANCE: Council Member Clay ROLL CALL: Mayor Carden Mayor Pro Tem Johnson Council Member Clay Council Member Lerno Council Member Luna APPROVAL OFAGENDA: Roll Call COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiat ve, 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) COMMUNITY FO UM: (This portion of the eeting is reserved for persons wanting to address the Council on any matter not on this a nda 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. City Council Minutes—August 11, 1998—(City Clerk recommendation:Approve) [Marcia Torgerson] 2. June 1998 Accounts Payable and Payroll—Fiscal Impact: $1,206,289.57(Staff recommendation: Review and approve) [Rachelle Rickard] 3. Atascadero Transit ManajZement Contract—Approval of execution of a contract with Laidlaw Transit Services for transit management and operations—Fiscal Impact: not to exceed$218,5 71 annually (Staff recommendation: Council approve Resolution No. 1998-033 which authorizes execution of a Transit Operations Agreement with Laidlaw Transit Services) [Brady Cherry] B. PUBLIC HEARINGS: 1. Consideration of Amendments to Native Tree Ordinance—Fiscal Impact: None (Staff recommendations: 1) Council introduce for first reading, by title only, Ordinance No. 350, an ordinance of the City of Atascadero amending Chapter 11 of Title 9 of the Atascadero Municipal Code regarding native trees, and 2) Council adopt Resolution No. 1998-034, adopting Native Tree Guidelines and Standards) [Paul Saldana] C. MANAGEMENT REPORTS: 1. Request for Funds from the Fire Impact Fees—To be allocated towards the Station One Hazard Reduction Project—Fiscal Impact: $10,000 from the Fire Impact Fund (Staff recommendation: Council authorize the allocation of$10,000 from the Fire Impact Fees Fund towards the Station One Hazard Reduction Project) [Mike McCain] 2. Atascadero Police K-9 Purchase—Fiscal Impact: None for purchase, $1,575 annually for maintenance (Staff recommendation: Council authorize the purchase of a full service K-9 using donated funds) [Dennis Hegwood] 3. Urgency Ordinance Prohibiting Medical Marijuana Clubs—Fiscal Impact: None (Staff recommendation: Council adopt an urgency ordinance prohibiting medical maryuana clubs by introducing Ordinance No. 351 for first reading, by title only.) [Dennis Hegwood] 4. Information Bulletin 2 D. CITY ATTORNEY REPORTS 1. Zone Chane #97012—Amending text of zoning ordinance relative to access requirements at the Eagle Creek Golf Course (9100 Santa Barabara Road: Gearhart)— Fiscal Impact: None (Staff recommendation: Council give final approval to Zone Change #97012 by adopting Ordinance No. 338 by title only on second reading) [Roy Hanley] E. COMMITTE REPORTS (The followin represent standing committees. Informative status reports will be given; as felt necess y): 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 Advisc ry Committee B. Nacim ento Water Purveyors' Contract Technical Advisory Committee C. North ounty 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/ SchoolsCommittee F. INDIVIDUAIJ DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasure G. ADJOURNMENT: THE COUNCIL WILL ADJOURN TO THE REDEVELOPMENT AGENCY MEETING IMMEDIATELY FOLLOWING THIS MEETING. Please note: Should anyone challenge any roposed development entitlement listed on this Agenda in court, that'person maybe 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 haring. 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. 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 AT PUBLIC HEARINGS Scheduled public hearings are itemized on the Agenda. The Mayor will identify the subject, announce when the public hearing is open and request anyone interested to address the Council regarding the matter being`considered. 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 hearing is closed,and thereafter,no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS 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. ITEM NUMBER: A - 1 DATE: 08/25/98 MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY,AUGUST 11, 1998 CLOSED SESSION 6:30 P.M.: 1) Conference with labor negotiator(Govt. Code Sec. 54957.6) Agency Negotiator: City Manager/Mayor Employee organizations: Department Heads, Mid-Management/Professional, Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union Local 20, Atascadero Sergeants Service Orgn.,Atascadero Police Officers Assoc. Atascadero Public Safety Technicians Orgn. Mayor Carden adjounled the Closed Session at 6:50 p.m. and City Attorney Roy Hanley announced the Counci l gave direction to the City Manager and the Mayor. REGULAR SESSION, 7:00 P.M.: Mayor Carden called the Regular Session to order at 7:01 p.m. and Mayor Pro Tem Johnson led the Pledge of Allegiance. ROLL CALL: Present: Council Members Johnson, Lerno, Luna and Mayor Carden Absent: Council Member Clay Others Present: City Clerk Marcia Torgerson Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief Mike McCain, Community Services Director Brady Cherry, Associate Planner Gary Kaiser, Assistant City Engineer John Neil and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Lerno to approve the agenda. Motion passed 4:0 by a roll-call vote. 000001 COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Carden requested staff file a report to Council concerning Proposition 9. He asked that is include a proposal of position. Mayor Pro Tem Johnson stated that he attended the Teen Justice Briefing. He stated that Chief Hegwood gave a presentation and he asked that Chief Hegwood come back to Council with a similar report. Chief Hegwood asked if he was referring to the Community Action Partnership Program. Mayor Pro Tem Johnson responded, yes. A. Proposed Cuesta College Meeting—Cuesta College has requested the North County Council to meet in September to discuss the North County Campus. Mayor Carden stated that the Cuesta College Meeting has been scheduled for September 4'and Mayor Pro Tem Johnson and Council Member Luna will be attending. B. Proposed Ad Hoc North County Water Committee—Paso Robles is requesting Atascadero designate a representative to discuss North County water alternatives. The Council expressed a concern with creating another Water Committee as the County has three already. There was Council consensus that staff respond to Paso Robles by asking that one of the existing committees deal with the issue. Mayor Carden stated that if they do not agree, then Council Member Clay will be appointed to attend PRESENTATIONS: Mayor Carden announced that Chief Hegwood will introduce his new Office Assistant at a later date. COMMUNITY FORUM: Jim McFadden, 7640 Atascadero Ave., expressed his concerns regarding the Highway 41 pipeline construction. He stated that he was also speaking on behalf of his neighbors on either side of him, Harry Baker and the Phelps. The work has dramatically affected their ponds; the water level has dropped significantly. North Coast Engineering told him in May 1997 that the construction would not affect their ponds. Mr. McFadden stated that if you look at the construction site there is water seeping into the drainage area but it is not coming from upstream. He explained that now North Coast has told him that this is not the City's responsibility and that he should deal with the contractor doing the work. The contractor has offered a temporary fix but Mr. McFadden asked the Council for support of a permanent fix to the problem. Community Services Director Brady Cherry stated that he is aware of thep roblem and is -0 following up with John Neil at North Coast Engineering to reach a satisfactory resolution with CC 08/11/98 Page 2 of 5 000002 the neighbors. Mayor Carden asked for a memo from staff to be put in the Council boxes when a solution is found. Council Member Lemo asked if the City had anticipated these problems and were prepared financially to solve them. Mr. Cherry stated that some of the problems have been caused by the contractor and will be taken care of by him. The problem with the ponds was unexpected. Gordon Edmonds, 9747 Laurel Road, owns Gateworks Corporation which is located in Meadowbrook Center. He stated that the tenants in Meadowbrook have been severely impacted by the Highway 41 draining project. He asked that the monument sign be put back as soon as possible as it affects their businesses. In regard to the ponds, Mr. Edmonds explained that he went into the storm drain and found a lot of water coming through the joint between two pipes. He then walked upstream and found no water at all. Mayor Pro Tem Johnson stated that the City will figure out the problem and solve it. Council Member Luna asked for assurance that someone is monitoring this situation. Mr. Cherry stated that Assistant City Engineer John Neil is monitoring this problem. A. CONSENT C LENDAR: Roll Call 1. City Council Minutes—July 28, 1998—(City Clerk recommendation:Approve) [Marcia Torgerson] 2. General Plan Amendment Request—Atascadero Unified School District—Fiscal Impact: None (Staff recommendation: Council authorize staff to process General Plan Amendment re uest for Atascadero Unified School District) [Paul Saldana] 3. Acceptance of Final Parcel Ma ATAL 96-135 —Vista Bonita Avenue—Fiscal Impact: Negligible (St ff recommendation: Council accept the final Parcel Map #ATAL 96-135 for approved Lot Line Adjustment 496008) [Paul Saldanq] Council Member Luna pulled Item#A-2. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson to approve Item#A-1 and 3. Motion passed 4:0 by a roll-call vote. RE: Item#A-2 - Co ncil Member Luna stated that he pulled this item because he intends to vote against it. He explained that there is no address or map that would inform the public what property this General-..:Ilan Amendment refers to. PUBLIC COMMEN Rush Kolemaine, P.OBox 1990, stated he agreed with Council Member Luna that there is not enough information in the agenda for the public or the Council to make an informed decision. Unless there is an urgency, they should be able to wait until the regularly-scheduled October time table. CC 08/11/98 �0�003 Page 3 of 5 Mayor Carden stated that this was just a request for a zoning Plan Amendment. William Zimmerman, 6225 Lomitas,told the Council that he checked on this item and stated that the School Board property in question was surplused two years ago. He stated that if the Council approves this item, they are authorizing a speed-up in the General Plan Amendment process. Michael Kovacs, 14439 Mesa Road, appealed to the Council to consider allowing him to benefit from City zoning. Council Member Luna interrupted Mr. Kovacs to state that his comments did not pertain to the item on the floor. Mr. Kovacs stated that he thought this was the public comment period and stepped down. Mayor Carden closed the Public Comment period. MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Lerno to approve Item#A-2. Motion passed 3:1 by a roll-call vote. (Luna opposed) D. COMMITTEE REPORTS S.L.O. Council of Governments/S.L.O. Regional Transit Authorily Mayor Carden stated that the bike paths have been funded for El Camino Real and it looks like there will be additional funding available and the Traffic Way bike paths may be able to be funded in the next funding cycle in October. County Mayors Round Table Mayor Carden said that the selection committee nominated all applicants for the Coastal Commission. Economic Vitality Corporation, Board of Directors Mayor Pro Tem Johnson stated the EVC is co-sponsoring a conference with a few local companies. Also, the EVC is looking for a new director. City/ Schools Committee Mayor Carden stated that the next meeting has been postponed. The new date will be announced. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Clerk Council Member Luna asked for an update on the candidates who have taken out papers for office. City Clerk Marcia Torgerson explained that Ray Johnson, Mike Arrambide, Henry Engen, Jennifer Hageman and Jack Licari have taken out papers for City Council. As of this date, only Ray Johnson and Mike Arrambide have filed. For Treasurer, Rachelle Rickard and David Graham have taken out papers. As of this date, neither have filed. For City Clerk, Ms. Torgerson explained that she is the only citizen to have taken out papers and filed them. cc 08/11/98 000004 Page 4 of 5 . F. ADJOURNMENT: Mayor Carden adjo ed the Regular Session at 7:40 p.m. to the Redevelopment Agency Meeting immediatelyfollowing this meeting. MINUTES RECORDED AND PREPARED BY: Marcia M. Torgerso , City Clerk CC 08/11/98 000005 Page 5 of 5 ITEM NUMBER: A 2 DATE: 08/25/98 m Kim as i e CADS City Manager's Agenda Report Wade G. McKinney JUNE 1998 ACCOUNTS PAYABLE & PAYROLL RECOMMENDATION Approve certified City accounts payable,payroll and payroll vendor checks for June 1998. DISCUSSION Attached for Cly Council review and approval are the following: Pa rol Period 1-7nd 06/05/98 Ck.#35385-35527 $ 127,805.74 Period 1-7nd 06/19/98 Ck.#35557-35741 135,366.52 S ecia Pa roll Dated 6/26/98 Ck. #35712 (285.26) Dated 6/26/98 Ck.#35761-35765 21.06 Dated 6/30/98 Ck. #35770-35775 1,367.19 Pavroll.Vendors Dated 6/12/98 Ck. #35537-35556 46,411.82 Dated 6/26/98 Ck.#35742-35760 46,741.49 Dated 6/29/98 Ck.#35766-35769 6,466.85 Dated 6/30/98 Ck.#35956-35964 34,916.28 Accounts Payable Dated June 1-30, 1998 Ck.#62619-63294& Ck.#63370-63427 758,405.99 Ck.#EFT27-EFT28 49,071.89 TOTAL AMOUNT $ 1,206,289.57 000006 City Manager's Agenda Report June 1998 Accounts Payable and Payroll Page Two FISCAL IMPACT Total expenditures for all funds is$1,206,289.57 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. Dated: August 5, 1998 Rachelle Rickar Administrative Services Director Approved by the City Council at a meeting held August 25, 1998. Marcia M. Torgerson, City Clerk ATTACHMENT: June 1998 Warrant Register in the amount of $807,477.88 000007 ++A Q I w W !- co +L 4 id x x I&'L Y`L:C le I&le a id x C`L+x L`L`G G••L C Ic ie ie id x L+L'L G Y L Y SG 3C F. I lx ix z -O+ U L3 C.) 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DISCUSSION: At the City Council meeting of March 24, 1998, staff was authorized to solicit proposals to . provide transit manag Ment services for the City of Atascadero. A response was received from two firms; Laidlaw Transit Services, Inc. and Central Coast Taxi- Cab Services, Inc. The proposal submitled by Central Coast Taxi-Cab is not being considered for a number of reasons. The type of service proposed is not consistent with Atascadero Transit operations and would not provide sat sfactory transit service to the citizens of Atascadero. This firm proposes to provide service with two standard passenger sedans instead of the seven buses currently owned by the City. Passenger cars are not designed to carry the number of passengers necessary to provide quality service, nor are they wheelchair lift equipped. The City of Atascadero has contracted with Laidlaw Transit Services since 1994 and has received excellent service. The city is currently operating under a month-to-month contract pending completion of the bid process. Historically, the term of our transit contracts have been three years with two one-year extension options. Because the city will be investigating options of transit management, the current proposed contract is for one year with two one-year extension options including county-wide coordination and in-house management. 000024 ITEM NUMBER: A - 3 DATE: 08/25/98 FISCAL IMPACT: Transit services are billed using a formula reflecting a fixed monthly rate plus an hourly rate based on vehicle hour. The new,contract reflects a small (I%) decrease over the existing contract. Using the service hours proposed for Fiscal Year 1998/99, the total contract costs total $218,571. Transit service is funded through farebox revenues and Transit Development Act monies and does not rely on general fund support. RESPONSIBLE DEPARTMENT: Community Services ATTACHMENTS: Transit Operations Agreement Resolution No. 1998-033 000025 K TRANSIT OPERATIONS AGREEMENT THIS AG EMENT is made this of , 1998 by and between the City of Atascadero, hereinafter referred to as "City" and Laidlaw Transit Services, Inc. hereinafter referre to as" Contractor". WITNESSETH WHEREAS, on April 1, 1998 the City of Atascadero solicited proposals for the operation of public transportation services; and WHEREA , Contractor submitted a proposal dated April 28, 1998 responsive to the Request for Pi oposals (RFP) to provide such services in the method and manner and the costs set forth n the proposal; and WHERE A , City has determined that Contractor has the management and technical personnel, expertise and other useful assets of sufficient quantity and quality to provide Atascadero with public transportation services;and WHERE , the subject RFP is attached to this agreement as Exhibit A and as Exhibit B and are b this reference Contractor s proposal is attachedy e made a part of this agreement; NOW, THEREFORE, in consideration of the foregoing recital and covenants and agreements of each of the parties, the parties do agree as follows: 1. Purpose: Atascadero hereby contracts with Contractor to operate and maintain public transportation services upon the terms and conditions hereinafter set forth. 2. Term of Agreement (a) Initial Term: The initial term of this agreement shall be from July 1, 1998 through and including June 30, 1999. (b) Extension Options: Upon completion of the initial term, Atascadero, at its sole discretion, may extend the term of this agreement on a multiple year, year to year, multiple month or month to month basis, provided that changes in the terms and conditions of the extension are mutually agreed upon by both parties, not to exceed two (2) additional years. 3. Scope Of Work. Contractor will provide the services to be rendered as set forth in Exhibit A,"Request for Proposals". Transit Operatio Agreement 1 000026 r • , . . 4. Maximum Obligation. Atascadero agrees to pay Contractor m consideration for its services as described herein. The maximum cost to be paid by the City to Contractor shall not exceed $218,517 during the first year; $225,801 during the second year; and$233,027 during the third year, 5. Price Formula. The City agrees to pay Contractor for performance of the services set forth in this agreement as follows: (a) Payment of a fixed hourly rate per vehicle service hour of$9.97 in the first year; $10.32 in the second year; and $10.65 in the third year. Vehicle service hours will be calculated by using the time each revenue vehicle leaves the garage for its first schedule point each day until such time as each vehicle returns to the garage at the end of each operational day and/or route. Time for driver meal breaks are specifically excluded from use in the calculation of a vehicle service hour. The hourly rate shall 'include operator wages, fringe benefits and indirect labor costs. (b) Payment of a fixed monthly rate of$10,093 in the first year; $11,129 in the second year•, and $11,463 in the third year. The monthly rate shall compensate Contractor for all work to be performed under this agreement as defined in Exhibit A, Request for Proposal, except that which is included under Paragraph 5(a) and 5(d) of this agreement including, but not limited to, vehicle operators' non-service wages; management's controllers' wages; said employees' fringe benefits and indirect labor costs; uniforms; report reproduction; office supplies; project telephones; all other related operational costs; and the contract fee. (c) In the event the state or federal government requireg' the Contractor to provide for any form of medical,hospitalization, group health or any other form of health insurance, whether by mandate or by payroll tax or fee, then the City and Contractor agree to renegotiate the rates paid to Contractor to allow Contractor to recover the additional cost of this governmental mandate. (d) The. City shall provide fuel, tires, acquisition costs, lease or purchase of radios and vehicles, including licenses for radios and vehicles; capital costs for facilities' furniture; use of office copy machine; maps and charts; office and parking facilities. Additionally the City shall provide marketing, tickets, passes, brochures, and related materials. Compensation for these items shall not be included in the hourly or monthly rates as defined above in Paragraphs 5(a) and 5(b). Contractor shall have satisfied himself that the office facilities available are adequate for his/her operation. (e) Upon the replacement of any of the existing vehicles both the City and Contractor shall meet and confer on each occasion for the purpose of adjusting the agreement price formula to reflect any changed conditions of this agreement, such as insurance coverage. Transit Operations Agreement 2 000027 6. Invoices. Contractor shall submit an invoice to the City for services provided as follows: (a) All hourly costs shall be invoiced to the City monthly following the service month pro ided. Said invoices shall specify the dates of service and the number of vehicle service hours claimed. Hourly costs shall be directly traceable to the dispatcher and/or driver trip sheets and/or employee time cards, copies of which shall be submitted to the City monthly with each invoice. (b) The monthly rate shall be invoiced monthly following the service month provided. All rep Drts and submissions required under this agreement shall be accurately completed and submitted to the City prior to payment of said monthly rate invoice. 7. Payment. All payments by the City to Contractor shall be made in arrears. Payment shall be made by the City no more than thirty (30) days from the city's receipt of an invoice. Payment of invoices will be made on a monthly basis. If the City disputes any item on ani voice for a reasonable cause, the City may deduct that disputed item from the payment but shall not delay payment for the undisputed portions. The amounts and reasons for ch deletions shall be documented to Contractor within fifteen (15) working days of flie receipt of the invoice by the City. The city shall assign a sequential reference number to each such deletion. Payments shall be by voucher or check payable and mailed first class to: Accounts Receivable Laidlaw Transit Services Inc. 26111 Antonio Parkway Rancho Santa Margarita, CA 92688 8. Operat ng Revenue. All operating revenues collected by Contractor are the property of the C ty. Operating revenues include, but are not limited to, all fares, extra services, sales of tickets and passes. They shall be counted and kept separately under appropriate securi y. Within one (1)working day from collection, they shall be deposited by Contractor at he City Finance Department. Reports on the revenues collected and deposited shall be provided to the City. Contractor shall provide the City with a written description of Contractor's procedures regarding the collection, counting and controlling of fare revenues. These procedures are subject to City approval. 9. Extra Services. Contractor will provide extra Services and promotional services upon pri r written authorization by the City as follows: (a) When extra services fall entirely within normal service hours and the City directs that norm 1 operating personnel should be used to provide the extra service, such service will be p vided at the regular cost as defined in the "Price Formula", but at the expense of a lower level of service for normal operations. Such services are considered part of this agreement. Transit Operatio s Agreement 3 000028 r (b) Extra services outside normal operating hours and extra services within but in addition to normal operation shall be considered'a change to this agreement as defined under"changes", and shall be in excess of the maximum price defined in the"Maximum Obligation." The costs will be determined on an individual trip basis at the regular hourly rate as defined in the"Price Formula" and billed separately from the contract. 10. Control (a) All services to be rendered by Contractor under this agreement shall be subject to the control of the .City. Contractor shall advise the City of matters of importance and make recommendations when appropriate; however, final authority shall rest with City. (b) The City shall not interfere with the management of Contractor's normal internal business affairs and shall not attempt to directly discipline or terminate Contractor employees. The City may advise Contractor of any employee's inadequate performance which has a negative effect on the service being provided, or on maintenance to vehicles. 11. Management. During the term of this agreement Contractor shall provide sufficient executive and administrative personnel as shall be necessary and required to perform its duties and obligations under the terms of the agreement. 12. Medical Assistance to Passengers. Contractors employees shall not be required to perform any medical or quasi-medical functions for passengers. In the event of illness or accident on board a vehicle, the driver shall advise the dispatcher by radio. The dispatcher shall check with qualified personnel for appropriate action and shall report back to the driver. The driver may vacate his/her route if it is necessary to proceed to a medical facility for help, either before or after receiving advice. Any actions or judgement on behalf of the employees shall be the responsibility of the Contractor and not the City. 13. Uniforms. Contractor shall purchase uniforms for employees and shall require the employees to wear them. The design, type and logo of the uniform shall be subject to City approval. Uniforms shall include, but not be limited to, shirts, and pants. All employees of Contractor conducting work under this agreement shall be required to maintain a neat and clean appearance. 14. Contractor Assignment. This agreement shall not be sold, assigned, transferred, conveyed or encumbered by Contractor without the prior written consent of the City. Contractor shall not sell or otherwise transfer its interest in this agreement without prior written notification to the City. Upon receiving such notification from Contractor, the City may, at its sole discretion, decide to exercise its right to terminate this agreement. Subject to these provisions, the agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the respective parties. Transit Operations Agreement 4 000029 i15. Qualification for Future Contracts. As a result of having entered into this agreement, Contractor shall not be inhibited, penalized, or disqualified from submitting proposals for subsequent transportation management and operation programs under the jurisdiction of the City. 16.Disputes (a) Any controversy or claim arising out of or relating to the provisions of this agreement or the breach thereof, shall be settled by arbitration at the election of either party in accordance with the Rules of the American Arbitration Association at the City of Atascadero and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The loosing party or parties shall bear the cost of any arbitration proceeding or judicial action commended thereunder, such cost to include reasonable arbitrator's fees, attorney's fees incurred by the prevailing party: (b) The Federal Procurement Regulation shall be used where applicable to define, resolve and settle procurement issues. 17. Stop 'Work. The City may close down operation of the City transportation system upon fo -eight (48) hours written notice to Contractor. The City shall be liable for all relevant costs incurred prior to the stop-work period and for restart, if any. When exercising this provision, the City shall be obligated for the cost of severance for personnel assigned to the City transportation system in accordance with the published policy and proce ures of Contractor, a copy of which shall be provided to the City upon request. Additionally, the cost associated with operations and facilities close down, shall be the obligation of the City. Contractor shall make all reasonable efforts to minimize costs to the City. 18. Term nation At any time, and without cause the City shall have the right, in its sole discretio , to terminate this agreement by giving sixty (60) days written notice to Contractor. In tie event of such termination, the City shall pay Contractor only for services renderedto the effective date of termination. If termination occurs, all data and materials relevant to the operation shall be made'available to the City at no additional cost. 19. City remedies on Breach. It is agreed that in the event of failure by Contractor to pe form the services required by this agreement, in addition to all other remedies, penalties and damages provided by law, the City may provide such services, and deduct the cost of doing so from the amounts due or to become due to the Contractor. The costs to be deducted shall be the actual costs to the City to provide this service. 20. Changes. The City, without invalidating this agreement, may order additions to or deletions om the work to be performed. Such changes shall be specified to Contractor in writing. If justified, the "Maximum Obligation" will be adjusted accordingly. New provisions must be mutually agreeable to both the City and Contractor. Transit Operatio s Agreement 5 000030 r 21. Modification of Agreement. This writing constitutes the entire agreement between the parties' relative to the subject matter of this agreement and no modification is evidenced by a writing signed by both parties to this agreement. There are no understandings, agreements or conditions with respect to the subject matter of this agreement except those contained in this writing. 22. Notices All notices required to be given with respect to this agreement shall be in writing and mailed first class,postage prepaid to the persons named below: If to Contractor: Laidlaw Transit Services, Inc. Attn:Mr. Rich Rogers 26111 Antonio Parkway Rancho Santa Margarita, CA 92688 If to City: City of Atascadero Department of Community Services Attn: Valerie Humphrey 6500 Palma Avenue Atascadero, CA 93422 23. Proprietary Rights. All inventions, improvements, discoveries, proprietary rights, patents, and copyrights made by Contractor under this agreement shall be made available to the City with no royalties, charges, or other costs, but shall be owned by Contractor. All manuals prepared by Contractor for use by Contractor in other locales shall be made available to the City at no charge but shall be owned by Contractor and shall not be disclosed, or released by the City without prior written cogsent of Contractor. Reports and manuals prepared by Contractor under this agreement for specific use in the City transit system shall become the property of the City. Contractor, however, shall have the right to print and issue copies of these reports. Contractor may make presentations and releases relating to the project. Papers and other formal publications shall be approved by the City prior to release. 24. Force Majeure. Contractor shall not be held responsible for losses, failure to perform, or excess costs caused by events beyond the control of Contractor. Such events may include, but are not restricted to the following; Acts of God, fire, epidemics, earthquake, flood, or other natural disaster; acts of the government; riots, strikes, war or other civil disorders; .or fuel shortages. In every case, Contractor shall resume performance at the earliest possible date following the cessation of such unforeseen causes or events. Contractor shall be entitled to no compensation for any service, the performance of which is excused,pursuant to this paragraph. 25. Information and Documents. All information, data, reports, records, maps, survey results as are existing available and necessary for carrying out the work under this agreement, shall be furnished to Contractor without charge by the City and the City shall cooperate in every way possible in the carrying out of the work without undue delay. Transit Operations Agreement 6 000031 t rl 26. Emergency Procedures. In the event of a major emergency such as an earthquake, flood or man-made catastrophe, Contractor shall make transportation and communication resources available to the degree possible for emergency assistance. If the normal line of direct authority from the City is intact, Contractor shall follow instruction of the ity. If the normal line of direct authority is broken, and for the period it is broken, Con actor shall make best use of transportation resources following to the degree .possible the direction of the City of Atascadero, the San Luis Obispo County Office of emergency Service, and/or the police or fire department which appears to have assumed responsibility within the service area. Emergency uses of transportation may include evacuation, transportation of injured, and movement of people to food and shelter. Contractor shall be reimbursed in accordance with the normal "Price Formula" and "Payment'' or, if the normal method does not cover the types of emergency services involved, then on the basis of fair, equitable, and prompt reimbursement or Contractor's actual costs. Reimbursement for such major emergency services shall be over and above "Maximum Obligation": of this contract. Immediately when the emergency condition ceases, Contractor shall reinstate normal transportation services. 27. Audit and Inspection. Contractor shall permit the authorized representative of the City, the U.S. Department of Transportation, the Comptroller General of the United States, th California State Controller's office, and the San Luis Obispo Area Council of Goverriments to inspect and audit all data and records of the Contractor relating to performance under this agreement. Further, Contractor agrees to maintain all required records far at least three years after the City makes final payments and all other pending matters are closed. 28. Transportation Data Reporting. Contractor shall report operating and financial data tot e City in accordance with the California Public Utilities Code, Chapter 4, Section 99243, and California Administrative Code title 21, Chapter 3, Subchapter 2 as required under California Transportation Development Act, and with Level "C" of the Uniform Financial Accounting and Reporting Elements (FARE) as required under Section 15 of the Urban Mass Transportation Act of 1964 as amended. 29. Permits and Licenses. At its sole cost and expense, Contractor shall obtain any and all permits, licenses, certificates, or.entitlements to operate as are now or hereafter required by any agency, specifically including the California Public Utilities Commission, the CHP and local jurisdictions, to enable Contractor to perform this agreement, ands all provide copies of all such entitlement to the City when received by Contractor. In the event that any aspect of this agreement requires prior approval by the PUC, the Contractor shall submit necessary application forms. Both parties shall appear as necessary and cooperate in the commission approval process. The City reserves the right to oppose, support or be neutral on any such request and on the PUC's ruling thereon. City shall directly pay for all costs associated with licensing and certification for General Public P ratransit Vehicle(GPPV)requirements. 1 Transit Operatio s Agreement 7 000032 30. Worker's Compensation. Contractor certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for Worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 31. Nondiscrimination (a) In connection with the execution of this agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or terminations,rates of pay or other forms of compensation, and selection of training, including apprenticeship. Contractor further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. (b) Contractor shall also comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and with all applicable regulations, statutes, laws, etc., promulgated pursuant to the civil rights acts of the state and federal government now in existence or hereafter enacted. Further, Contractor shall also comply with the provisions of Section 1735 of the California Labor Code. 32. General Insurance. Throughout the term of the agreement, Contractor shall procure and maintain a comprehensive general liability policy providing FIVE HUNDRED THOUSAND DOLLARES ($500,000) combined single limit bodily injury and property damage coverage. Said policy shall not include coverage for vehicle liability and/or vehicle physical damage insurance. Such vehicle insurance shall be provided as specified in the section of this contract entitled Vehicle Insurance. Contractor shall also procure and maintain an umbrella liability policy in the amount of TEN MILLION DOLLARS ($10,000,000). Contractor shall name the City as additional insured on said policies and shall provide evidence of such insurance. Such policy or policies shall provide that they may not be cancelled without at least thirty- (30) days written notice to the City. 33. Vehicle Insurance (a) Contractor shall provide the City with vehicle liability insurance in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000) combined single limit bodily injury and property damage. Coverage will also include collision with a TEN THOUSAND DOLLAR ($10,000) deductible. Any deductible will be the responsibility of the Contractor. A separate umbrella liability policy will provide vehicle liability 0 Transit Operations Agreement 8 000033 v coverage of an additional TEN MILLION DOLLARS ($10,000,000). Such policies shall provide that they may not be cancelled without at least thirty (30) days written notice to the City. (b) In the case of damage or destruction of any vehicle or vehicles provided by the City under the terms of this agreement, the City agrees that liability of Contractor for said damage or destruction shall be limited to the appraised fair market value of the vehicle(s) at the time of the loss. Contractor and the City agrees that the appraised fair market value sh 1 be the value established by the insurance carrier providing the collision and comprehensive physical damage coverage required under this Paragraph or such other apprais r as mutually agreed upon. (c) In he event that addition, deletion, or acquisition of new vehicles by the City changes the 'vehicle fleet listed in the Scope of Work, the compensation paid to Contractor for the purposes of maintaining liability and physical damage coverage on said vehicles shall be adjusted immediately to reflect the adjusted actual premium. 34. Inde nification Contractor shall defend and hold City, its governing board, officers, agents arid employees harmless and does hereby indemnify City, its governing board, officers, agents, and employees from and against every liability, claim or demand (including costs of suit, attorney's fees and all other related costs and expenses of whatever kind or haracter), which may be made by any person firm or corporation, or other entity arising from or caused by any act, neglect, default or omission of Contractor in the performance of this agreement, except to the extent that such claim or demand arises from or is caused by the negligence or willful misconduct of City, its governing board, officers, agents or employees. r• To the extent permitted by law, City shall defend and hold Contractor, its officers, employees, agents, successors and assigns harmless and does hereby indemnify Contractor, its officers, employees, agents, successors and assigns from and against every liability, claim or demand (including costs of suit, attorney's fees and all other related costs and expenses of whatever kind or character) which may be made by any person, firm, corporation or other entity arising from or caused by any act, neglect, default, or omission of City, its governing board, officers, employees, or agents, except to the extent that such claim or demand arises from or is caused by negligence or willful misconduct of Contractor, its officers, employees, agents, successors or assigns. 35. Employee Dishonesty Insurance. During the period of time this agreement shall be in effe t, Contractor shall cause its staff personnel to be covered under appropriate employee dishonesty insurance providing protection from employee theft up to the amount o TEN THOUSAND DOLLARS ($10,000) with respect to any one occurrence by Contractors employees. Theft insurance on all City provided vehicles operated under this agreement shall be provided under paragraph 33 of this agreement. Transit Operatio Agreement 9 000034 r 36.Disadvantaged Business Enterprise (a) It is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this agreement. Consequently,the DBE requirements of 49 CFR Part 23 applies to this agreement. (b) Contractor agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR part 23 have the maximum opportunity to participate in the performance of contracts. Contractor and its subContractors shall not discriminate on the basis of race, creed, national origin, or sex in the award and performance of federal- assisted contracts. (c) Contractor shall cooperate fully with the City in meeting any of the City's commitments and goals with regard to the maximum utilization of disadvantaged business enterprises. Contractor shall keep records of DBE participation in all activities carried out pursuant to this agreement, and shall report to the City all such participation and efforts made to encourage DBE participation as required by the City. 37. Conservation. Contractor shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 RSC Section 6321 et. seq.) 38. Interest of Members of or Delegates to Congress. In accordance with 18 USC, Section 431, no member of, or delegate to the Congress of theiUnited States shall be admitted to any share or part of this agreement or to any benefit arising therefrom. 39. Conflict of Interest. No Board member, officer or employee of the City during his/her tenure or one-year thereafter, or during the length of the initial agreement term, shall have any interest, direct or indirect, in this contract or the proceeds thereof. 40. Clean Air and Water Acts. Contractor agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act 42 USC 1857 (h), Section 50-8 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR, Part 15) which prohibit the use under nonexempt Federal contracts, grants, or loans, of facilities included on the EPA list for Violating Facilities. Contractor shall report violations to UMTA and to the USEPA Assistant Administration for Enforcement(EN0329). 41. Debarred Bidders. The Contractor, including any of its officer or holders of a controlling interest, is obligated to inform the City whether or not it is or has been on any debarred bidders' list maintained by the United States Government. Should the Contractor be included on such a list during the performance of this project, he/she shall 0 so inform the City. Transit Operations Agreement 10 000035 r 42. Conflict of Transportation Interests. Contractor shall not divert any revenues, passengers, or other business from the City project to any taxi or other transportation operation of Contractor. 43. Indepi ndent Contractor (a) Nether of the parties hereunder shall be deemed to be the agent, employee, partn , or joint venture of the other. Contractor is and should be an independent Contractor performing services under this agreement for the consideration hereinabove set forth. (b) Contractor's employees shall at all times be and remain the sole employees of Contractor, and Contractor shall be solely responsible for payment of all employee's wages and benefits. Contractor,without any cost or expense to the City shall faithfully comply with the requirements of all applicable State and Federal enactment with respect toemployer's liability, workers' compensation, unemployment insurance and other forms of Social Security, and also with respect to withholding or income tax at its source from wages and said employee and shall indemnify and hold harmless the City from and against any and all liability, damages, claims, costs and expenses of whatever nature arising fiom alleged violation of such enactment or from any claims or subrogation provied for in such enactment or otherwise. (c) This agreement does not constitute a contract of employment between the City and Contractor or any agents, officers, or employees of Contractor. After the expiration or to ination of this agreement Contractor's successor shall be permitted to hire any Contractor employee previously employed on this prograria. At that time, in hiring a Contractor employee or a former Contractor employee, the City shall insure and require that such employment process fairly treat former Contractor employees as members of the eneral public with no discrimination, no waiver of job advertising, no consideration ofemployee's seniority with Contractor and no other privilege different from that accorded to members of the general public. 44. Conflicting Use. Contractor shall not use any vehicle, equipment, personnel or other facilities which are dedicated to the City for performing services under this agreement for any use whatsoever other than provided for in this agreement without the prior approval of the City. 45. Severability. If any court of competent jurisdiction holds any provision of this agreement invalid or unconstitutional, such decision shall have no effect on the validity of the remaining provisions of this agreement and such remaining provisions shall continue in ftill force and effect. Transit Operations Agreement 11 000036 r IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their respective officers thereunto duly authorized on the date noted above. CITY OF ATASCADERO LAIDLAW TRANSPORTATION,INC. HAROLD L. CARDEN,Mayor ATTEST: MARCIA M. TORGERSON, City Clerk Transit Operations Agreement 12 000037 RESOLUTION NO. 1998-033 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AWARDING A CONTRACT TO LAIDLAW TRANSIT SERVICES, INC. TOPROVIDE TRANSIT MANAGEMENT SERVICES TO THE CITY OF ATASCADERO WHEREAS, at the City Council Meeting held on March 24, 1998 Council directed staff to solicit proposals fo transit management services; and WHEREAS, aidlaw Transit Services Inc., submitted the proposal that best meets the standards of the City f Atascadero; and NOW, THEREFORE, the City Council of the City of Atascadero does resolve as follows: 1. The Mayor is hereby authorized to execute an agreement with Laidlaw Transit Services, Inc. to provide transit management services to the City of Atascadero. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Director of Administrative Services is hereby authorized to appropriate, release and expend funds to comply with the term of this agreement. On a motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO MARCIA M. TORG RSON HAROLD L. CARDEN, III City Clerk Mayor APPROVED AS TO FORM ROY A. HANLEY City Attorney 000038 ITEM NUMBER: B - 1 DATE: _ 08/25/98 n Ef�IA 9,® 1918 A 5 9 City Ma n aA rer's Agenda Report Wade G. McKinney Amendment of Native Tree Ordinance RECOMMENDATIONS: Planning Commission recommends the City Council: Introduce for first reading,by title only, Ordinance Number 350, an Ordinance of the City Council of the City of Atascadero amending Chapter 11 of Title 9 and repealing Chapter 12 and 13 of the Atascadero Municipal Code regarding native trees. Adopt Resolution Number 1998-034 adopting Native Tree Guidelines and Standards. DISCUSSION: Background: On May 26, 1998, the City Council discussed the Native Tree Ordinance and potential policy considerations. The Council reviewed items including the City Arborist role, tree replacement/mitigation, tree removal/replacement for Colony Road construction, and additional exemptions for tree moval applications. In addition, the Council heard comments from 55 local residents whom indicated support for the existing Ordinance and opposition to any further "weakening"of the regulations. Following the discussion and public comments, the Council reached consensus and directed staff to: • Amend the Tree Ordinance to accept in lieu fees instead of on-site tree replacement as mitigation for tree removal. • Provide a eport concerning the Colony Roads as they pertain to tree removal • Require developers to hire an Arborist as opposed to'a City Arborist. • Clean up I anguage in the Tree Ordinance On July 7, . 1998 the Planning Commission held a public hearing to consider staff recommendations to amend the Ordinance. The Commission took testimony and requested staff to make further amendments to the Ordinance and implementing guidelines. On July 21, 1998, the Commission held. another public hearing and approved Resolution 1998-20 (Attachment A), recommending approval of the proposed amendments. 000039 ITEM NUMBER: B - 1 DATE: 08/25/98 The proposed amendments include areas the Council desired to have addressed as well as reformatting the content to provide a workable policy document. There are some policy changes proposed, as described in the analysis, as well some improvements in the implementing guidelines. Analysis: . The Conservation Element of the General Plan lists as a policy that the City is to "adopt a comprehensive Tree Ordinance to protect and replenish native tree species within the City"'. The policy was also identified as"mitigation"in the Final Environmental Impact Report for the General Plan'. The Tree Ordinance originally adopted in July of 1991, implements the policies contained within the General Plan. The proposed ordinance was drafted to be consistent with the General Plan, modified to clarify the City's intent regarding native trees, consider the City Council's consensus of May 26, 1998, and reformat the document to create a user friendly document. Staff also sough out assistance from members of the Atascadero Native Tree Association and local Arborist. Several changes were made to the Ordinance that were not substantive changes from the current regulations. Some information that was contained in the implementing regulations was moved to the Ordinance and some information in the Ordinance was move to the Guidelines. The following summarizes the major policy changes recommend in the proposed ordinance and provides a description of the proposed revisions, as applicable. City Arborist 0 The proposed ordinance eliminates references to the City Arborist and places responsibility for implementation of the Ordinance to the Community Development Department. When the City Arborist was available, that person reviewed the Arborist information submitted by the applicants and made decisions/recommendations related to tree removal and protection. Under the proposed Ordinance, an applicant will still be required to pay for a tree condition report; however, they will pay the City for the report. The City will then contract out for a tree condition report. This places the selection of the Arborist as the City's responsibility, ensuring that the tree condition report is truly "independent". This recommendation seems to satisfy the City Council request that the applicant pay for an Arborist as compared to the City hiring a full time employee to serve as an Arborist, as in the past. It also directly places an Arborist in a consultative role with the Community Development Department so that the Department can relay on the recommendations of the Arborist. The cost to the applicant may be reduced, as the City would contract out the consultative services "in-bulk" as compared to current practice whereby the applicant negotiates for the services separately. Replacement of Trees On-Site The Council requested consideration of eliminating the tree removal condition that calls for the replanting of trees on site (tree replacement). The primary concern expressed by the public and the Council was related to the ongoing monitoring and maintenance of tree replacements on site. However, in researching the background of the Ordinance, staff ' Page 113,Final EIR,Atascadero General Plan,December 1991 'Page 113,Final EIR,Atascadero General Plan,December 1991 000040 ITEM NUMBER: B - 1 DATE: 08/25/98 determined that recommending the elimination of this option on as a condition would be a conflict with the General Plan. The policy stated in the General Plan indicates that "Any trees removed'shall either be replaced or in-lieu contributions made to the City's tree replacement f nd depending on the characteristics of the affected site".' (Emphasis added). Based on this policy statement, replanting trees on site should remain as one of the optional conditions of approval. The Planning Commission considered options for obligating the property owner to maintain the replanted trees. The recommendation of the Planning Commission is to require that when trees are replanted on site the applicant shall make a payment to the City for four (4) inspections by an Arborist during a seven (7) year period. This would allow for the City to "monitor" the growth and development of the native tees that were replanted. It is estimated that the total cost to the applicant for this monit ing would be $300 for all 4 required site visits, for up to five trees. More trees would likely increase the monitoring fee. The fee is an estimate based on testimony provided by alocal Arborist plus an administrative fee. To illustrate, removal of a 26"dbh Deciduous Oak would require the replacement on site of 8 trees ($120) plus an estimated payr ient of$300-350 for monitoring. Payment into the tree replacement fund under the current schedule would be approximately $430. Tree Protection Plans The Ordinance was changed to require that prior to receiving any permits tree protection measures wou d be in place. The current regulation requires tree protection to be in place prior to construction commencing. Public Pro'ect The regulation3 were changed to require the City to consult with an Arborist for all public projects where native trees are affected. Overall Chan2.-s The Ordinance was substantially reformatted to place all items in a logical manner and present clear statements related to the City's intent. More importantly, the guidelines were prepared to truly serve to assist applicants in understanding the regulations. For example, tree standards are included in narrative and graphic form so that a site planner (engineer/arch tect) can visualize the options available for tree protection. It is anticipated that more guidelines will be developed to address issues like trenching within the dripline. The guidelines also provide that "informational brochures" distributed by the Community Development Department relating to tree protection and care are incorporated a itornatically into the guidelines. This will allow the Department to update the standards and ensure that current practices are monitored and implemented. City staff researched the additional exemptions for tree removal permits that was discussed by the Council on May 26, 1998, specifically, exempting the construction of roads, subdivisions s General Plan,Conservation Policy"g",pages 11-33. 000041 ITEM NUMBER: B — 1 DATE: 08/25/98 creating four (4) lots or less and residentially zoned property less then 5 acres. Staff is not recommending these additional exemptions for the reasons stated below: Colony Road Construction: The Circulation Element of the General Plan was designed to meet a number of General Plan goals, including "preserve residential neighborhoods and respect the winding tree-lined nature of the street and road system i4. The Circulation Element EIR further recognized the biotic resources that would be impacted with roadway extensions, widening and realignment. It states that "General Plan Policies, and municipal standards and guidelines provide protection for native and sensitive (tree) species", and concludes, "no further mitigation is recommended".5 The current and proposed guidelines provide opportunity for realignment of Colony Roads where applicable to reduce the impact of tree removal. Exempting Colony Roads from the Tree Ordinance would require amendments to the Land Use and Circulation Elements of the General Plan, and those amendments would require additional environmental review. If the Roads were exempt from the Tree Ordinance, they would still be subject to CEQA, and some form of mitigation measure would be required for any tree removal involved. Those mitigation measures may be consistent with the Tree Ordinance or may go beyond the measures outlined in the Ordinance, depending on the specific project circumstances. Small Lot Subdivisions: The General Plan states that the "City shall carefully evaluate both public and private projects to encourage the preservation of trees, watersheds, natural slopes and other amenities from abuse and destruction" and that "lot splits shall be thoroughly evaluated and be in accordance with community plans and principles" 6 Based on these General Plan policies, tree removal consideration would still be reviewed and appropriate mitigation measures established even if small lot subdivisions were exempt from the Tree Ordinance. Exemptions for residential lots under 5 acres: The General Plan Policy requiring the adoption of the Tree Ordinance refers to permits for both residential and non-residential development and requires mitigation for "any" tree to be removed. To exempt these lots would be in conflict with the General Plan and not accomplish the intent of either the General Plan or Tree Ordinance to protect native trees from further destruction. Conclusion: The proposed amendments of the Native Tree Ordinance provide clarification of the intent of the City's policy regarding native trees, creates a "user friendly" document, is consistent with the intent of the General Plan, and proposes changes to further protect native trees and encourages continued regeneration of the Atascadero Urban Forest. FISCAL IMPACT: None. 'General Plan Circulation Element,Page III-2 s General Plan Circulation Element EIR,Page 7 6 General Plan Open Space Policies,Page II-31 000042 ITEM NUMBER: B - 1 DATE: 08/25/98 ALTERNATIVES: 1. The Council can make additional revisions to the proposed Ordinance and direct staff to incorporate the changes in the final version prior to introduction of the Ordinance. This alternative,should be considered if"minor" amendments are made to the proposal. 2. The Council could make revisions and modifications and request staff to make the changes and bring the Ordinance back for reconsideration. This alternative should be considered if"major"policy related changes are proposed. 3. The Council can take no action on the Ordinance, which would remain in its current form. This alternative is not recommended as some clarification and reformatting of the ordinance is required. RESPONSIBLE EPARTMENT: Community Development ATTACHMENTS: A. Ordinance No 350 (adopting Ordinance changes) B. Resolution Number 1998-034 (Adopting Guideline changes) C. Planning Commission Resolution Number 1998-20 D. Planning Commission Minutes of July 7, 1998 E. Planning Commission Minutes of July 21, 1998 Also available for review are the Planning Commission Staff reports from July 7 and July 21, 1998. 000043 ORDINANCE NO. 350 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 11 OF TITLE 9 AND REPEALING CHAPTER 12 AND CHAPTER 13 OF TITLE 9 OF THE ATASCADERO MUNICIPAL CODE REGARDING NATIVE TREES WHEREAS,the City Council of the City of Atascadero held a duly noticed public hearing on August 11, 1998 to consider a recommendation from the City Planning Commission to amend regulations governing the removal and protection of native trees 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 continued protection of native trees in the community;and WHEREAS,the proposed amendments are categorically exempt from the requirements of the California Environmental Quality Act as an"action taken by a public agency for the protection of natural resources and the environment". THEREFORE,THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 and Chapter 13 of Title 9 of the Atascadero Municipal Code are hereby repealed. Section 2. Chapter 11 of Title 9 of the Atascadero Municipal Code is amended in its entirety to read as indicated on the attached Exhibit A, incorporated herein and made a part thereof by this reference. 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 (3)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. 000044 Section 5. This ordinance ance 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 Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney APPROVED AS TO CONTENT: Paul M. Saldana Community Devel' pment Director 000045 i Chapter 11 Native Tree Regulations 11.01 Purpose and Intent i I Preservation of natural flora and fauna is a basic community goal of the Atascadero General Plan and native trees are valued community assets. The purpose of this ordinance is to establish regulations for the installation, maintenance, planting, preservation, protection and selected removal of native trees within the City limits. In establishing these regulations,it is the City's intent to encourage the preservation, maintenance and regeneration of a healthy urban forest. This enhances other values that Atascadero holds for its community including clean air and water, soil conservation, aesthetics, property values and an ecological diversity that will ensure that Atascadero will continue to be a healthy and desirable place to live. 11.02 A�ulicability. P-1�P The provisions of this chapter shall apply to all native trees, as defined by this Chapter, two inches (2') dbh or greater for deciduous native oaks, California Sycamore (Plantanus racemosa Nutt) and madrones (Arbutus Menziesii) and four inches (4') dbh or greater for all other protected native trees, as defined in this Chapter. It shall be illegal to intentionally harm, damage and/or cause the death or decline of a native tree or remove a native tree without a City-issued Tree Removal Permit,where such a permit is required by this Chapter. The provisions of this chapter shall apply to all public and private property and protected native trees within the City of Atascadero, and to any person, firm, corporation and public or private utility company doing work within the City limits. 11.03 Adoption of Standards & Guidelines The "Tree Standards and Guidelines" (the "Guidelines") set forth the procedures, guidelines and standards that shall be used to implement this Chapter. They shall be used to provide details about preservation, maintenance, installation, protection, regeneration and selected removal of trees. They shall be adopted and amended by resolution of the City Council and have the force of law. Native Tree Regulations - 1- August 11, 1998 000046 11.04 Definitions. Arborist: A person certified by the International Society of Arboroculture or other recognized professional organization of Arborists that provide professional advice and licensed professionals to do physical work on trees in the City. D : Any intentional action or gross negligence,which causes injury, death or disfigurement of a tree. Actions include, but are not limited to cutting, girdling, poisoning, overwatering, soil compaction,unauthorized relocation or transportation of a tree or trenching, excavating, altering the grade or paving within the dripline of a tree. Dbh: Means "diameter at breast height", specifically four feet six inches (4'6') above natural grade. Drip e: The outermost line of the tree's canopy projected straight down to the ground surface. Hazardous: Presenting an immediate danger to people or existing structures. Removal: The physical destruction, displacement or removal of a tree, or portions of a tree caused by poisoning, cutting, burning, relocation for transplanting, bulldozing or other mechanical,chemical or physical means. Native Tree: A tree species as listed below: Arbutus menziesii Pursh. Madrone H ter meles arbutifolia Lindl. Toyon,California Holly Ju lans hinds u Jeps. California Black Walnut PLuitanus racem sa Nutt. California Sycamore Ouercus aerrifolia Eastw. Coast Live Oak Q%rcus alvordiana Nee Blue Oak x Desert Oak ercus dumosa Jeps. Scrub Oak Q�iercus durata Jeps. Leather Oak ercus douglasii H&A Blue Oak ercus lob ata Nee Valley Oak ercus turbinella Desert Oak Umbellularia californica Nutt. California Bay Laurel Native Tree Association: Refers to the Atascadero Native Tree Association or other succesE or organization recognized by the City Council to cooperate with the City in educational programs and provide advice to the City on matters related to native trees. Native Tree Regulations -2- August 11,1998 00004'7 Site Planner. Licensedrofessionals such as Architects Engineers,who are hired ped by applicants to prepare site plans including tree protection plans. Tree Protection Plan: A plan that shows how specific trees shall be protected during development and related work, including any required mitigation measures and ensure viability of tree after construction. Tree PxuninThe cutting, detachment or separation of any limb branch or roots from a native tree. 11.05 Tree Removal A. Permit Required Except as set forth in (B) below, a Tree Removal Permit shall be required for the removal of any deciduous native tree two inches (2') dbh or greater and four inches (4') dbh or greater for all other protected native trees, and for pruning of more than twenty-five percent (259/6) of the live canopy in native trees. Any private or public entity doing regular maintenance in the City of Atascadero may seek a "blanket pruning permit" that may be renewed on a yearly basis. B. Exemptions The following are exempt from the permit requirements of this Chapter: 1. Emergency situations which cause hazardous or dangerous conditions that have serious potential to cause immediate damage to persons or improvements on real property. Such situations must be reported to the City within 48 hours. 2. Trees planted,grown and maintained as part of a licensed nursery or tree farm business. 3. Tree pruning that effects less than twenty-five percent (25%) of a tree's live canopy within one year's time. The pruning shall be done according to current tree pruning standards as adopted by the International Society of Arboroculture. 4. Trees removed as part of an approved "Tree Management Plan" 5. Single family residences in single family zoning districts where a permanent dwelling exists and building or grading permits are not being sought. Native Tree Regulations -3- August 11, 1998 000048 C. Application for Tree Removal 1. Early Consultation: All applicants are encouraged to consult with the Community .Development Department before site development that may involve any tree removal. Early consultation shall be a factor used in determining whether proposed improvements can be reasonably designed to avoid the need for tree removal. 2. Content. The content of the Tree Removal Application and Permit shall be in a form as established by the Community Development Director. The applicant must provide the factual data to make the required finding(s) as required in this Chapter. 3. Fees. Application fees shall be established by resolution of the. City Council. Fees shall not be required for applications for the removal of dead or diseased trees,as defined in Section D-2 (a). 4. Arborist Report. When applicable by this Chapter, the applicant is required to submit a tree condition report prepared by an Arborist selected and retained by the City. The applicant shall reimburse the City for all costs related to the preparation of the report. 5. Posting. All native trees proposed for removal shall be identified b the g P P y applicant for field inspection as set forth in the Guidelines. When a Tree Removal Permit is issued,the City shall post a copy of the permit in City Hall and the applicant will post a copy on-site for a public appeal period of five (5) business days. D. Review&Approval 1. Authority. The Planning Commission shall make decisions regarding all tree removal application requests involving trees 24 inches dbh or larger. All other tree removal application decisions will be made by the Community Development Department. 2. Required Findings: At least one of the following findings must be made in order to approve a Tree Removal Application: (a) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. Native Tree Regulations -4- August 11, 1998 000049 if (b) The tree is crowded by other healthier native trees thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an Arborist. (c) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner. (d) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the Site Planner (e) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal,as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City, • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable use of the • property;or • If saving the tree requires the removal of more desirable trees. 3. Evaluative ve Critena for Tree R m oval The following criteria will be considered when evaluating each Tree Removal Application: (a) The potential effect that tree removal could have on topography, knowing that hilltops, ravines, streambeds and other natural watercourses are more environmentally sensitive than flat or gentle sloping lands. 'I (b) The potential effect that tree removal could have on soil retention and erosion from increased flow of surface waters. (c) The potential effect that tree removal could have on the ambient and future noise level. (d) The potential effect that tree removal could have on the ability of existing vegetation to reduce air movement and wind velocity. Native Tree Regulations -5- August 11, 1998 000050 (e) The potential effect that tree removal could have on significantly reducing available wildlife habitat or result;in the displacement of desirable species. (� Aesthetics (g) The number,size, species,condition and location of trees to be removed. (h) The special need to protect existing blue and valley oaks because of regeneration problems. (i) The cumulative environmental effects of tree removal. 4. Conditions of Approval Tree Removal Permits shall be conditioned by one or more of the following methods: (a) Replacement by planting additional trees on site, depending on the characteristics of the site and shall include payment in advance for site inspections four (4) times during a seven (1) year period. (b) Payment of fee to the Tree Replacement Fund (c) Establishment of conservation easements,which will restrict removal of any tree within a designated area of the property. 11.06 TreeProtection Plans. A. Plan Required Tree Protection Plans shall be required if any listed activity occurs within twenty fee, (20) of the dripline of any native tree. Activities include but are not limited to the following. remodeling or new construction, grading, road building, utility trenching,etc. A Tree Protection Plan shall be included as part of the submittal fot a road plan, plot plan, precise plan, building permit and/or conditional use permit. B. Cosaltation Early Consultation with the Community Development Staff is strongly encouraged prior to the submittal of plans. Native Tree Regulations - 6- August 11, 1998 000051 C. Review and Approval The Protection Plan shall be in place and verified before an applicant receives any City permits to begin work. Plans shall be reviewed and approved by the Community Development Department concurrent with the review of any construction or building permit. D. Surety Requirements. In large projects involving valuable trees, the City may require a surety prior to issuance of entitlement. Determination for use of the surety will be based on the complexity of the project and number of trees being impacted. The type of surety must be approved in writing by the City Attorney. E. Tree Protection Plans for Private/Public Utilities. Utility companies doing regular maintenance and construction are not required to submit Tree Protection Plans for each individual project, but shall meet the tree protection requirements set forth in this Ordinance and the Guidelines through conditions placed in a revocable pruning, trenching and encroachment permit that may be issued on a yearly basis. 11.07 Tree Replacement and Regeneration. For each residential building permit issued, the planting of one five-gallon native tree shall be required,based on the rate of one native tree per residential dwelling unit. 11.08 Tree Abatement: Nuisances, Pests and Disease -- (RESERVED) 1L09 Tree Management Plans. A. Tree Management Plans. Tree Management Plans allow for the management of trees as a resource for the benefit of both the landowner and the community. Tree Management Plans will allow for comprehensive woodlot management practices as an alternative to the submission of individual Tree Removal Applications. Tree Management Plans may be permitted on the following types of property. 1. Minimum area of site of 5.0 acres or larger in single, contiguous ownership; and Native Tree Regulations -7- August 11, 1998 000052 2. Parcels where the existing zoning is single-family residential oragriculture; and 3. Canopy cover of site is equal to or greater than 50%;and 4. Me woodlot will be managed for personal use only. B. Standards for Tree Removal. 1he standards for tree removal and contents of the Tree Management Plan shall be set forth in the Guidelines. 11.10 Procedures for Public PMects. A. De 'tion. Public projects are any construction project that may impact native trees initiated by any department of the City of Atascadero. B. Binding City to Tree Ordinance. Public initiated projects will comply with the Tree Ordinance unless explicitly exempted by City Council. The City shall consult with an Arborist during the planning and inspection of all construction projects impacting native trees. C. Exemptions. Applicant from the City shall submit a written statement to City Council describing project and reason that an exemption should be granted. 11.11 Lan ark Trees A. De ed. Landmark Tree means any native or non-native tree recognized by City Council resolution for its age,size,location,historical,and/or cultural significance. B. Landmark Tree Protection. Any tree (native or non-native) may receive protection by City Council resolution for its age, size, location, historical, and/or cultural significance. Landmark trees receive the same protection and are subject to all conditions set forth in this Chapter regarding native trees. They may not be removed without City Council approval. Native Tree Regulations -8- August 11, 1998 000053 2. Parcels where the existing zoning is single-family residential or agriculture; and 3. Canopy cover of site is equal to or greater than 50%;and 4. The woodlot will be managed for personal use only. B. Standards for Tree Removal. The standards for tree removal and contents of the Tree Management Plan shall be set forth in the Guidelines. 11.10 Procedures for Public PMects. A. Definition. Public, projects are any construction project that may impact native trees initiated by any department of the City of Atascadero. B. Binding City to Tree Ordinance. Public initiated projects will comply with the Tree Ordinance unless explicitly exempted by City Council. The City shall consult with an Arborist during the planning and inspection of all construction projects impacting native trees. C. Exemptions. Applicant from the City shall submit a written statement to City Council describing project and reason that an exemption should be granted. 11.11 Landmark Trees A. Defined. Landmark Tree means any native or non-native tree recognized by City Council resolution for its age,size,location,historical,and/or cultural significance. B. Landmark Tree Protection. Any tree (native or non-native) may receive protection by City Council resolution for its age, size, location, historical, and/or cultural significance. Landmark trees receive the same protection and are subject to all conditions set forth in this Chapter regarding native trees. They may not be removed without City Council approval. Native Tree Regulations -9- August 11, 1998 000054 11.12 Street Trees - SERVED 11.13 Repe tt Applications. When any application made pursuant to Title 9 or Title 11 has been denied,no new application that is substantially the same shall be filed within one year of the date of the previous denial unless the physical facts upon which the decision-making body based the denial have changed. The Community Development Director shall determine whether physical facts have changed or when an application is substantially the same as the previous application. 11.14 Enforcement. A. Authority It shall be the responsibility of the Community Development Director, or individuals designated by the Director, for the implementation and enforcement of all provisions of this Chapter. For the purposes of this Chapter, the Director maY consult with and employ an Arborist, certified by the International Society ofArboricultural or other recognized professional organization of Arborists, on technical matters related to the implementation of this Chapter, including, but not limited to the review and approval of tree removal applications, tree protection plans. It shall be the role of the Community Development Department, in conjunction with the Native Tree Association, to develop educational materials and provide information to all applicants requesting permits from the Department, including, but not limited to, building permits, land use permits and other permits issued by the Department. B. Penalties. Violations of this Chapter are specifically declared misdemeanors, and upon conviction may be punished as set forth in Chapter 3 of Title 1 of the Atascadero Municipal Code. C. Restitution. In addition to any penalties provided by (b) above, any person who damages a tree in violation of the terms of this Chapter is responsible for proper restitution and/or conditions as described in Section 5 of this Chapter. The City may bring a civil action for restitution to enforce this section. Native Tree Regulations - 10- August 11, 1998 000055 D. Stop Work. In cases of nonconformance with this Chapter, the inspecting official shall immediately issue a Stop Work Order until all requirements have been met. Should unauthorized work or nonconformance lead to tree removal or damage (as defined),the inspecting official shall also issue a Stop Work Order. E. Conditions and Signed Agreements. Should unauthorized work or nonconformance lead to tree removal or damage (as defined), the Community Development Director may also require additional conditions as penalty and as described in this Chapter. Native Tree Regulations - it- August 11, 1998 000056 RESOLUTION No. 1998-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCAD RO ADOPTING NATIVE TREE GUIDELINES AND STANDARD IMPLEMENTING CHAPTER 11 OF TITLE 9 OF THE ATASCADERO MUNICIPAL CODE WHEREAS, Chapter 11, Section 3 of Title 9 of the Atascadero Municipal Code provides for the City Council to adoptguidelines and standards to implement said Chapter; and WHEREAS, the City Council has reviewed and considered proposed guidelines and standards regarding the preservation,maintenance, installation,protection,regeneration and selected removal of native trees in the City; and WHEREAS,the City Council has determined that it is in the best interest of the City to enact these guidelines and standards to provide for the continued protection of native trees in the community; and WHEREAS,the prop sed amendments are categorically exempt from the requirements of the California Environmental Quality Act as an"action taken by a public agency for the protection of natural resources and the environment". NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Atascadero hereby repeal previously adopted standards and guidelines as found in Resolutions 125-90, 28-91 and 74-94 in their entirety. BE IT FURTHER RESOLVED,that the City Council hereby adopts the Native Tree Guidelines and Standards, attached hereto as Exhibit A, incorporated herein and made a part thereof by this reference. PASED AND ADOPTED BY THE CITY COUNCIL THIS 25" DAY OF AUGUST, 1998 BY THE FOLLOWINGROLL-CALL VOTE: AYES: NOES: ABSENT: HAROLD L. CARDEN, III, Mayor City of Atascadero, California ATTEST: Marcia Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Altorney 00005'7 G 11.1 S NATIVE TREE GUIDELINES&STANDARDS 1. General These Tree Guidelines and Standards have been compiled to assist the property owner in implementing the policies contained in the Native Tree Regulations, Chapter II of Title 9 of the Atascadero Municipal Code. These Guidelines and Standards are in addition to the regulations found in the Cade. Informational brochures are available through the Atascadero Native Tree Association and the Community Development Department to assist property owners. Informational brochures distributed by the Community Development Department are part of these guidelines and incorporated herein by this reference. 2. Tree Protection Standards These standards have been established to protect native trees from damage before, during and after all types of development. As a general rule, the existing ground surface beneath the dripline of any native tree shall not be cut,filled, compacted or disturbed in any way. Exceptions must be based on a qualified consultation (from a professional arborist or natural resource professional), at the cost to the applicant, resulting in a Tree Protection Plan that gives reasonable assurances that the tree will survive any proposed activities. When proposed development does encroach into the dripline of any tree, special techniques that preserve as many roots as possible and allow the roots of the tree to breathe oxygen and obtain water shall be required. These methods include, but are not limited to A. Fencing: Must be a minimum of 4'high, chain link, snow or safety fence, staked at the dripline or line of encroachment for each tree or group of trees, as shown in Standard Drawing TRI. Fence must be up before any construction or earth moving begins. For areas where this is not passible, aeration of the soil(after development is complete)shall be required. B. Soil Aeration Methods: Soils under the driplines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18"deep, 2-3'apart with a 24"auger) and the application of moderate amounts of nitrogen fertilizer. Applicant's arborist shall advise. C. Chip Mulch: All areas within the driplines of the trees that cannot be fenced shall . receive a 4-6"deep layer of chip mulch to retain moisture, soil structure and reduce the affects of compaction. Native Tree Guidelines&Standards -I- August 11, 1998 000058 D. Trenching within the DMfine:All trenching done under the driplines of trees shall be hand-dug, augured or bored, and major roots shall be avoided whenever possible and if not, all roots larger than I" diameter shall be "cut clean" and not ragged. See Standard cawing TP-6. E. Gradin within the DWfine: Grading should not encroach within the dripline. If grading is necessary, construction of a retaining wall or tree well or other protection measure recommended by the Arborist may that ensures the survivability of the tree may be pe fitted(see Standard Drawings TP-2, 3 and 4). Chip mulch, 4-6"in depth shall also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. (See TP-S). F. Pavin W thin the Dri line: Pervious surfacing is preferred within the dripline, as shown on tandard Drawing TP-7. G. In certain instances (such as public right-of-ways, sidewalks and driveways) exemptiony may be granted to this requirement. 3. Tree Replacement Conditions of Approval A. Replacement of Trees On-Site 1. Trees that are removed shall be replaced with five- (S) gallon, locally grown native stock, same tree species. The number of replacement trees required depends on the size, species and location of each tree removal. If native stock is unavailable,fifteen (1 S) gallon replacements shall be required. 2. For every 6"dbh of tree removed, one, two or four replacement plantings (di pending on tree species and location) will be required. S`in'Ie.Frrril .ItesdentiaYx -.. Deciduous Native Trees: Plant two trees for every 6"dbh of tree removed Otherv `ree axu? re �6' , Ite � .c-.r �} :c ,µ, ''s a.��-v's.,,.�`,✓z�r"`''s � � Nz, �'xY � ari�� � `•�'#' - ` ? '_� r, >-^z..'?,'? �taast...��,.. . �'�.'�^',,,a'�•�" � .x;1��'�`xQ'.'..'.._�. '�o:`s��aYt�>x""`���i�i�`. a,,�,+ ��w�w.�.c�--'�.a��: Other Native Trees: Plant two trees for every 6"dbh of tree removed Native Tree Guideline &Standards -2- August 11, 1998 000059 3. Multi family and Commercial/Roads applicants may plant larger size specimens to reduce the quantity of replacements required using the following ratio: 24"box=2-5 gallon locally grown or 15 gallon other trees 48"box =6-5 gallon locally grown or 15 gallon other trees 4. Replacement of trees on site requires the property owner to enter into a maintenance agreement with the City pursuant to the Native Tree Regulations. The agreement will provide the City the authority to enter the property to ensure that the trees are being maintained and provide measures for trees that are not maintained. The Agreement shall include payment of the estimated cost for the City to monitor the trees. B. Payment into Tree Replacement Fund 1. The Base Fee shall be $50.00 per 6"dbh being removed. 2. The following chart summarizes the payment required through payment into the Tree Replacement Fund for certain projects and types of trees: .I�ecr`duous�turtn+e�"rees . _ '. k Single Family $100 per 6"dbh r .Nolte b'amrl.Y .„ $2t?O per�'rlbh 4 Commercial/Roads $200 per 6"dbh Single Family $50 per 6"dbh Commercial/Roads $100 per 6"dbh C. Conservation Easement A conservation easement is a legal agreement made by the property owner to restrict the type and amount of development that may take place on the property. Easements may be approved to provide for the permanent protection of native trees on the property while retaining private ownership. Native Tree Guidelines&Standards -3- August 11, 1998 000060 4. Guidelinesfor Tree Protection and Removal during Road Construction A. Design &Construction Guidelines Whenever roadways are constructed(including Colony road alignments), consideration shall be given to preserving and protecting the trees. Such considerations include, but are not limited to thefollowing: (1) The roadway alignment should vary within the right-of-way to accommodate trees; i.e. the centerline of the pavement may be different than the centerline of the right-of-way. (2) RoaAwy alignments which vary from the original Colony centerline shall prc vide safe curves and smooth transitions as approved by the City Engineer, necessary utilities shall be accommodated. (3) The roadway alignment should be adjusted to vary outside of the right-of-way to i rccommodate trees significant in quality and number whenever adjacent prc wrty can be easily obtained for encroachment, or where large tracts of Ian i are under common ownership. (4) Movement of the roadway outside of the right-of-way shall be limited to easements and lot line adjustments, but in general shall not constitute a sul division of land or taking of property. (5) Mc vement of the roadway outside of the right-of-way shall take into account other trees outside the right-of-way as well as excessive profile grades. (6) All else being equal, the cost of roadway construction may be reasonably im wcted by the cost of saving trees; if the construction cost for the revised alignment does not exceed 125% of the normal roadway cost estimate, the trees shall be saved. B. Additional Information Required for Road Construction In addition to information required by the Community Development Department and City Engineer, the following shall be required during the construction of new roads and shall be included on the appropriate site and construction plans. (1) Field survey and map all native trees that have driplines within 20'of the edges of disturbance. (Complete tree inventory on these trees is required). In ition to numbering, wrap trees to be removed with red or pink flagging tape and trees to be protected with yellow or green flagging tape. Native Tree Guidelines&Standards -4- August 11, 1998 000061 (2) The applicant's arborist shall identify quality trees along the edges of the road that should be saved through extra tree protection measures. Each or these trees shall be identified as such on the site plan. The applicant shall propose methods of tree protection for City review. (3) Applicants should anticipate the need for field visit(s) by an independent Arborist retained by the City to field inspect any major road projects involving tree removals. 5. STANDARDS FOR TREE MANAGEMENT PLANS. Tree Management Plans must be prepared by a California Registered Professional Forester. The following minimum standards must be met to qual fy for a Tree Management Plan: A. During a 20 year period, the crown cover of the property shall not be reduced more than 25%. B. If any stand(or cluster) of trees on the site has less than 25%crown cover, only removals for disease, infestation or hazardous conditions shall be permitted. C. No more than 5% of the crown cover shall be reduced in any one year, and in no case shall the tree removal be concentrated in one area, or strip. D. A second cutting shall not be permitted until successful regeneration has been established. Tree Management Plans shall be approved for a five year period. 6 Guidelines for Identification of Trees Identification of trees and posting of all property when trees are to be removed and identification of trees to be protected is required. All sites that have trees to be protected or removed shall be posed for field inspection and during any applicable appeal period A. Identification of property subject to tree removal shall be done by posting a notice, as provided by the Community Development Department, during the time specified on the Tree Removal Permit. B. All trees to be removed shall be flagged with pink or red tape in the field; all trees or groups of trees to be protected shall be flagged with yellow or green tape. Tree protectionflagging lagging shall be necessary only if identification is not evident from the submitted plans. Native Tree Guidelines&Standards -5- August 11, 1998 000062 z Mitigation an Penalty Conditions If trees that are protected do not survive development activities or if the Tree Ordinance is violated, the City has the authority to require mitigation for damage, requiring higher replacement ratios or fees than provided for in these guidelines. Other methods of mitigationfornative tree removal may include dedication of conservation easements and contract growing of native trees. For violations of this Chapter, the City can request compensation based on the ISA method for evaluating the monetary value of trees as found in (ISA-81 Edition-1992) pP�/F15� 8. Fee Schedule or Permits Effecting Native Trees A. Application Fees Thefollowingfees shall be charged for the permit as indicated. Tree emoval Application{ 24"dbh or greater $50.00 s k Single Family Residential(Including Removal) $50.00 All atheY�'r�e Prgt��tevn.(I��ludng Removal) � ©t�0�1. ._,, Foresi ry and Woodlot Management Plans 10-39 Acres $400.00 Annual Pruning, Trenching&Encroachment Permit $100.00 Native Tree Guidelines&Standards -6- August 11, 1998 000063 REVISIONS APPROVALS DESCRIPTIONS BY I DATE APPROVED COUNCIL RESOLUTION NO. I #= 1 DRIPLINE= I CANOPY LIMIT -� I LOCATE PROTECTIVE FENCE AT DRIPLINE �- GRADING OK NO DISTURBANCE GRADING OK WHERE DRIPLINE ENCROACHMENT OCCURS,ALLOW EXTRA ROOT ZONE PROTECTION ON THE OTHER SIDE OF TREE TO COMPENSATE. I I (DRIPLINE Vol I I FENCING GRADING � NO DISTURBANCE' CTENCROACHING STRUCTURE ROAD OR GRADING NOTE: FENCE ALL AROUND TREE EVEN IF NO GRADING TO AVOID COMPACTION FROM VEHICLES AND MATERIALS DURING CONSTRUCTION! CITYOFATASCADERO DRAW O. PUBLIC WORKS DEPARTMENT TP-1 PROTECTIVE FENCING 000064 REVISIONS APPROVALS DESCRIPTIONS BY DATE APPROVED COUNCIL RESOLUTION NO. - 1 to DRIPLINE . I LIMIT OF EXCAVATION TO CONSTRUCT WALL I NATURAL GRADE 1 _1 HORIZONTAL,NOT VERTICAL,TIMBERS OR TIES 1 1 POSTS APPROX 4'O.G. WOOD WALL ADVANTAGE :NO EXCAVATION FOR FOOTING SECTION WOOD RETAINING WALL DRIPLINE DRIP LINE ENCROACHMENT: UP TO 20%OF CANOPY ON HEALTHY TREES UP TO 24"dbh. ALL OTHER TREES,STAY OUT OF DRIPLINE. PLAN VIEW NOTE:WALLS OVER 3 FEET HIGH MUST BE ENGINEERED FOR STRUCTURAL SAFETY. CITYOFATASCADERO DRAWINGNO. PUBLIC WORKS DEPARTMENT WOOD RETAINING WALLTP-2 000065 REVISIONS APPROVALS OESCRIPTIONS BY DATE APPROVED COUNCIL RESOLUTION NO. DRIPLINE a a SHOW LINE OF OVER EXCAVATION ON TREE PROTECTION PLAN I —�NATURAL GRADE 1 LIMIT OF EXCAVATION TO CONSTRUCT WALL 1 1 WALL i 1 l PROVIDE DRAIN PIPE OR WEEP HOLES 1 l DRIP LINE ENCROACHMENT: UP To 20%OF CANOPY ON HEALTHY FOOTING AWAY FROM TREE TREES UP TO 24"dbh. ALL OTHER TREES.STAY OUT OF DRIPLINE. NOTE:WALLS OVER 3 FEET HIGH MUST BE ENGINEERED FOR STRUCTURAL SAFETY. CITYOFATASCADERO DRAWI PUBUC WORKS DEPARTMENT MASONRY, RETAINING WALL oo TP-3 ooss REVISIONS APPROVALS DESCRIPTIONS BY DATE A ROVEDI COUNCIL RESOLUTION NO. DRIPLINE r WALL _— NATURAL GRADE SECTION i NOTE:WALLS OVER 3 FEET HIGH MUST BE ENGINEERED FOR STRUCTURAL SAFETY DRIP LINE ENCROACHMENT: UP TO 20%OF CANOPY ON HEALTHY TREES UP TO 24"dbh. ALL OTHER TREES,STAY OUT OF DRIPLINE. TOP OF SLOPE TOE OF SLOPE i c � I i i Q� VARIOUS STACKABLE AND INTERLOCKING WALL SYSTEMS AVAILABLE. ADVANTAGES:SOME REQUIRE NO FOOTING. CURVED WALLS POSSIBLE -I ( I PLAN VIEW CITYOFATASCADERO DRAWING NO. PUBLIC WORKS DEPARTMENT GRAVITY ,RETAINING WALL 00006TP-4 '7 REVISIONS APPROVALS DESCRIPTIONS BY DATE I APPROVED I COUNCIL RESOLUTION NO. i DRIPLINE • FILL MUST BE OF LIKE TEXTURE TO EXISTING OR COARSER NATURAL GRADE _ WALL SEE DRAWING#TP-2,3,OR 4 SECTION TOE OF FILL SHOULD NOT--•I 11- -TOP OF SLOPE GO BEYOND TRUNK 1 TREE TRUNK WALL I I TOE OF SLOPE, PLAN VIEW CI7YOFATASCADERO DRAW, PUBUC WORKS DEPARTMENT 'FILL SITUATIONSTP-5 0000s8 REVISIONS APPROVALS OESCRIPTIONS 8Y DATE APPROVED COUNCIL RESOLUTION NO. 0 Attem to cluster underground lines in the same or parallel trenches away from trees Pt 9 P Y O Larger pipes, duch as storm drains, require trenching. R 50%of a tree's roots must be severed,consider removing the tree. U Hand digging Wmrt trench segments can save all roots over 2". O Always cover exposed roots with plastic to avoid drying! O Augering can he done for lines up to_"diameter. Depth should be 36"in order to be balm roots. TREE TRUNK r i TRENCH. AUGER TRENCH PLANVIEW LU 5 a) o� � I • ,qA► ,d I I AUGER L_ TRENCH --- SECTION CITYOFATASCADERO DRAWING NO. PUBLIC WORKS DEPARTMENT A UGERING & TRENCHING WITHIN TP-6 DRIPLINE 000069 REVISIONS I APPROVALS DESCRIPTIONS BY I DATE IAPPROVEDI COUNCIL RESOLUTION NO. _7W 0 Porous surfacing includes brick on sand, concrete interlocking pavers, specialized blocks with large openings for turf planting,gravel, mulch,and wood decks. The appropriate material depends on the application. 0 Brick pavers, concrete pavers, "turf-block" and other mortarless pavers are generally suitable for driveways, parking lots and boat/RV storage areas and patios. 0 Loose materials such as decomposed granite, gravel and mulch are suitable for gardens, walkways, boat/RV parking and other light traffic areas. ❑ Always avoid disturbing more than the top 2"of soil under the tree. ❑ Never machine compact soil under trees before paving) 0 Never apply soil sterilant under trees before paving! 011 DRIPLINE •� I BRICK OR OTHER PERMEABLE PAVING IMPERVIOUS PAVING + .�! (ASPHALT/CONCRETE) NAT URAL GRADE WOOD OR CONCRETE HEADER SAND BASE CITYOFATASCADERO DRAWIN PUBUC WORKS DEPARTMENT PERVIOUS SURFACING WITHIN DR ' E TP-7 � 0 REVISIONS APPROVALS DESCRIPTIONS BY DATE APPROVED COUNCIL RESOLUTION NO. ❑ The building of aeration channels is recommended ded for very specific situations, and will occasionally be considered when a large portionof the root area must have the grade raised. ❑ Aeration channels are not recommended beneath roads or buildings. ❑ To install,the ex sting soil should be cleared of plants and lawns. The upper surface of the soil should be loosened to aerate it and break up any slick surfaces. ❑ Take special care when establishing finished grade so that it does not drain into the aeration grates. They will only fill up with sift and debris, ruining the system. I ---DRIPLINE AERATION CHANNEL SEE DRAWING#TP-9 DRIP LINE ENCROACHMENT T MIN I '' L•• 4 is NATURAL GRADE —FILL MUST BE OF LIKE TEXTURE TO EXISTING OR COARSER ❑ Build the structure with the outer portion slightly lower so that air will flow from the trunk of the tree outward. The drain pipe should extend through the inner retaining wall. CITYOFATASCADERO DRAWING NO. PUBUC WORKS DEPARTMENT TP-8 AERA TION CHANNELS 000071 REVISIONS APPROVALS DESCRIPTIONS BY DATE APPROVED COUNCIL RESOLUTION NO. ❑ In the case of very large trees of high significance,an additional circle of drain pipe and gravel should be built five to ten feet outside the first circle. GRAVEL WRAPPED IN FILTER FABRIC,TYPICAL ,G° I I AERATION GRATE OPEN TO AIR LOCATE AT DRIPLINE �1 TRUNK \ � WALL I /I?qy PLAN VIEW FILTER FABRIC AERATION GRATE GRAVEL FILLED GRADE 500 F WALL $ ( C dcb NATURAL GRADE ° o 0 0 o OPEN TO AIR SECTION 3"PERFORATED PIPE CITYOFATASCADERO ORAWI PUBLIC WORKS DEPARTMENT AERA TION CHANNELS 0000TP-9 '72 ATTACHMENT "C" - RESOLUTION PC 1998-020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATAS ADERO RECOMMENDING THE CITY COUNCIL AMEND CHAPTER 11 OF TITLE 9 PERTAINING TO THE PROTECTION AND REMOVAL OF NATIVE TREES WHEREAS,the Planning Commission of the City of Atascadero,at its regularly scheduled meetings on July 7`r' and July 21", 1998,studied and considered proposed amendments to Chapter 11 of the Zoning Ordinance relating to regulations governing the removal and protection of Native Trees,as defined;and WHERE ,the Planning Commission has determined that it is in the best interest of the City to enact this amendmei it to the City of Atascadero Zoning Ordinance to provide for the continued protection of native trees within the community;and WHEREA.13,the amendments recommended are categorically exempt from the requirements of the California Environmental Quality Act("CEQA")as an"action undertaken by a public agency for the protection of naturalresources and the environment";and WHERE kS,a timely and properly noticed public hearings were held by the Planning Commission of the City of Atascadero on July 7 and July 21, 1998,at which hearing evidence,oral and documentary,was a itted on behalf of the proposed changes. NOW,THEREFORE,BE IT RESOLVED that the Planning Commission of the City of Atascadero,in a reg ilar session assembled on the 21"day of July, 1998,resolved to recommend that the City Council amend Chapter 11 of Zoning Ordinance by adopting the text attached hereto as Exhibit A, incorporated herein by this reference. BE IT FU THER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. PASSED AND AD PTEDTHIS 21sT DAY OF JULY 1998. AYES: Clark,Ed ' gs,Arrambide,Fonzi,Zimmerman NOES: Hageman _ ---- ABSENT: Sauter William Zimmerman,Chairman ABSTENTIONS: None Attest: P ul M. Saldana Community Development Director 000073 ATTACHMENT "D" i 1, -� Planning Commission Meeting -July 7, 1998 Page Three of Ten TION: Adopt Resolution No PC 1998-019 approving Tentative Parcel Map 98005 subject to the Conditions of Approval contained in Exhibit B of that Resolution. Motion: onzi Second: C AYES: Fonzi, rk, Eddings, Hageman, Arrambide, Sauter NOES: None ABSENT: Zimmerman i MOTION PASSED: 6:0 B. 2. Tree Ordinance Update—City-wide Consider recommended amendments to the City's Tree Ordinance No. ,1 214) and implementing Tree Standards and Guidelines (Resolutions 125- 90; 28-91 and 74-94). (Staff recommendation: 9) Adopt Resolution No. 9998-020 thereby recommending approval of the proposed amendments to the City's Tree Ordinance.) STAFF RECOMMENDATION: (Paul Saidana) Staff recommends that the Commission: Adopt Resolution No. 1998-020 recommending to the City Council amendments to Chapter 11 of Title 9 regulating the removal and protection of Native Trees in the City of Atascadero. Paul provided the staff report summarizing the major changes that are recommended- . mended in the document and responded to questions from the-Commission. Commissioner Fonzi —Asked for clarification on why after a house has been built, trees can be removed without a Tree Removal Permit. Paul stated that the current document provides for an exemption for tree removal where an existingresidential dwelling does exist. ! i 000074 i Planning Commission Meeting —July 7, 1998 Page Four of Ten Commissioner Hage man—asked the status of the Guidelines. Paul said that the Guidelines have been revised to remove information that simply repeats the ordinance or reference to permit applications; however, the most important areas of the Guidelines have been' retained. He said that the Commission would provide comment on the Guidelines tonight. Paul explained the definition of Ordinance-and Policy Document. Commissioner Hag man- referring to Tree Protection plans (under Section 11.06) asked if a separate grading or road permit is required if a subdivision is approved. Paul explained that in some cases it's a condition of approval on the project. She wondered if subdivi ions were exempt. Steve explained that the subdivision itself is not a permit to undertal,'e any work on the property; any work that is conditioned for the subdivision would s ill have to go through the permit process and that's where we would be looking at tree protection measures for that grading permit. Commissioner Hag man stated that the ordinance needs to make it clear what a conservation easement is; there's nothing that lets the public know-what really constitutes a conse ation easement. She would like to see more verbiage, would also like "woodlot" defined in the ordinance; what constitutes a woodlot. There was discussion on how the fees were established. Paul said that the City Council has asked, on a City-wide basis, to review all the fees collectively. Commissioner Hageman asked why aren't the mitigation and penalty conditions in the ordinance instead of the Guidelines. Paul commented that the enforcement section will clear up as we go through the Zoning Ordinance. Commissioner Eddin s—wondered if any thought had been given to shifting the responsibility of tree removal from the applicant to the developer. Paul explained that tree removal fees were paid at the time the building permit was issued and often times it is the developer. Commissioner Sauter—referring to Page 3 under subparagraph (b)(5) Exemptions suggested that a size limit be placed on the size of trees that a homeowner may remove without a Tee Removal Permit. 0000'75 Planning Commission Meeting—July 7, 1998 U Page Five of Ten Commissioner Clark—asked for clear definitions on what constitutes a Landmark Tree and Conservation Easements. He also asked for clarification on "site planner"; what is a licensed professional—engineer, architect, etc. Also, on the issue concerning time frame for maintenance agreement; how long will trees be monitored- indefinitely—this needs to be clarified. Commissioner Clark was very concerned with how the recorded document would be removed from the property; he fills that it is very open-ended. TESTIMONY: George Highland, owner of property at 7275 Carmelita— Gave a history of the original Tree Ordinance. He feels that monitoring tree planting and maintenance is a good idea. He's opposed to the exemption of Colony road construction and small lot subdivisions. He suggested that in Section 9-11.07(d) Line 5—that the word "may" be replaced with "shall" making it mandatory that the City consult with an arborist during consideration of tree removal requests. John Heatherington, 7825 Valle—is opposed to any changes to the existing Tree Ordinance. U Rick Matthews 6950 Navarette—thinks thero osed ordinance is more °user friendly". P P He said that none of the diagrams in the Guidelines really deal with the impact of construction on the roots of trees. He explained that this was vital because what is going on above the ground is in a large part of what is happening to trees below the ground—and this needs to be made more clear. He feels that the position for a City Arborist should be recommended to the City Council for many reasons. Atascadero is a City of Trees and it is an injustice not to have an arborist dealing with this. He feels that there should be a time-line established for monitoring of the replacement trees. Commissioner Hageman asked Mr. Matthews if a 5 gallon replacement tree is a reasonable size. He said that a smaller tree is probably more reasonable because it's -more adaptable. Mr. Matthews concluded by saying that it would be a more effective ordinance if the exemption to properties with an existing single family residence would. limit the size of trees that can be removed without a permit. Geraldine Brasher, 3202 Monterey Road—doesn't agree with the exemption rights of single family residences. She feels that the City definitely needs a City Arborist; that Community Development Department staff are not tree experts. 0000'76 Planning Commiss on Meeting—July 7, 1998 Page Six of Ten Marge Mackey—as ed that the existing ordinance not be changed—she would like to see a tougher ordinance. She commented that in order for the City to be a "Tree City USA", the City must spend $2.00 a year per citizen; those monies could be "earmarked" for an arborist. James Patterson—complimented staff on the revised document and agrees with the favorable way that s me of the comments from the City Council meeting have been dealt with. He suggested taking a closer look at the City retaining a full time arborist or at least someone th t is at the service of the City perhaps on a contract basis. He feels that the method of monitoring replacement trees should be outlined in the proposal so the applicant knows what is required. There should be a means of closure, it should not be open-ended. He recommended that the Commission direct staff to go back and continue to revise the ordinance and guidelines and then bring them back to the Commission and wok out some of the issues raised tonight so that when the recommendation from the Commission to the City Council, we've already taken care as many issues as we have been alerted to during these public hearings. Steve LaSalle—wa ted to stress the need for a City Arborist whether it be a consultant or an arborist on contract with the City. Dorothy McNeil , 87 6)5 Sierra Vista Road - commented that allowing developers to hire their own arborists; ould easily lead "to the fox guarding the hen house". Another opinion should be required for tree removal. She feels that the City needs an arborist to enforce tree protection. Cory Meyers, 7735 orro Road -.said he appreciated the work that staff has put into this ordinance and t ie involvement that they have let ANTA participate. He feels that because of the tow 's magnitude of trees that it is ridiculous that we don't have a City Arborist, at least pai t time. Cory said that there should be a second opinion on tree removals and that the second arborist do the work because there could be a conflict of interest. John Sivier, 7,000 L mitas - said he was a Certified Arborist and a court qualified tree safety expert. He s ated that their is a real need for a City Arborist and said there is a potential for conflict if you work for the developer. He would like to see single family residence exemption addressed. Joan O'keefe, 9985 Old Morro Road East- provided a written statement, attached hereto as Exhibit "A'. 0000'7'7 Planning Commission Meeting -July 7, 1998 Page Seven of Ten Ernie Porter, Atascadero native - said he remembered a lot about this town that most people don't know. He said that the valley from the lake to downtown had hardly any trees until they were planted. He doesn't agree with tree replacement but would like to see the existing oaks protected. Lindsay Hampton, 8402 Alta Vista - supports the need of a City Arborist even if only on a consulting basis. . . .end of public testimony. . . . . . The Chairman called for a break at 8.40p.m. -the meeting reconvened at 9:00p.m. There was consensus among the Commissioners that the Commission,would make recommendations and direct staff to bring back a revised Tree Ordinance for their consideration. There was considerable discussion by the Commissioners regarding the need for a City Arborist, or at least a contract arborist on staff. Also, the Commission felt that the developer/contractor should pay for the arborist's services but the City will select the. arborist so there will be no conflict of interest. There was concern regarding the monitoring of replacement trees; there needs to be clarification. Commissioner Hageman felt that the trees should be monitored for five years, while Commissioner Arrambide felt that 12 to 18 months was an appropriate length of time. Commissioner Hageman also felt that the developer and property owner should pay for the monitoring; it should not be on the "back of the tax payer"; perhaps the developer could pay a fee up front. Commissioner Eddings did not agree with the language which addresses placing liens on property where tree replacements have taken place; however, Commissioner Hageman agreed with placing a lien on private property. Paul suggested that if the concept of the monitoring program (maintenance agreement) is stipulated, there will be a fee tied to that maintenance agreement. A fee would be paid when applying for the tree removal permit and to record the maintenance agreement., That fee would likely take into consideration the number of times that we anticipate having to go out and monitor those trees for whatever duration of time and the fee would be collected "up front". The Commission discussed the removal of trees and felt that the verbiage referring to the removal of dead or diseased trees needs to be clarified by perhaps adding: "diseased beyond reclamation" to allow cutting down without mitigation. It was suggested that fines should be established for removal of trees without a permit; now it's just a misdemeanor. Some benchmarks should be established; the trees assessed 0000'78 Planning Commission Meeting -July 7, 1998 Page Eight of Ten -� by value.: It was agreed that trees scheduled for removal should be obviously flagged and the flagging should remain until the building permit(s) is issued. The Commission ag'eed that the exemption for single family residences on private property be left as is. STAFF ANNOUNCEMENTS & REPORTS 1. Consideration of revised local Guidelines for the Implementation of the California vironment I Quality Act (CEQA). (Staff recommendation: Approve Resolution No. C 999 -098 recommending that the City Council adopt revised local Gui 'nes f r the Implementation of the California Environmental Quality Act). STAFF RECOM NIDATION: (Steve Decamp) Staff recommends ha he Commission: #PC 1 8-018 recommending Approve Resolutio g that the City Council adopt revised local Guidelines for the Imple ntation.of the California Environmental Quality Act. �. Steve stated that every effort has b n made tomodify the guidelines to include the Commissioners'ers' r commendations in this present CEQA document. TESTIMONY:Y: - None ' a ' ted with the proposed resolution. A mmissioner Ha em an -said she was dis pp Co gives a hich now i list w entitled " rinci les has been rep ced with a I 9 section currently P P s Y " CEQA is burdensome". She . els definite impressio that the City of Ata scad er on ow ' ks that the Cit, should follow the State s lead and I ve Section 104 the same. She thinks ' the rocess of being up ated and recommended that in said that State G idelines arep the City should w it beforeenacting in its CEQA Guidelines. There was discus ion by staff explaining ainin the reasoning in behin the need to update the xplained that usual a City updates their City's CEQA Guidelines at this time. Paul e guidelines every ear with the information that is available at that 'me. ACTION: Apr rove Resolution#PC 1998-018 recommending that a City Council ado A revised local Guidelines for the Implementation of t California iEnv ronmental Quality Acta 0000' 9 ATTACHMENT "E" ITEM: A.1 DATE:_ AUG. 18, 1998 CITY OF ATASCADERO PLANNING COMMISSION ACTION MINUTES City Administration Building July 21, 1998 7:00 a.m. COMMISSIONERS PRESENT: Eddings,Hageman, Clark, Fonzi, Zimmerman COMMISSIONERS ABSENT: Sauter, Arrambide(Commissioner Arrambide arrived at 7:42 p.m.) STAFF PRESENT: Paul Saldana, Director; Steven DeCamp, City Planner; Gary Kaiser, Associate Planner; Kelly Heffernon, Assistant Planner;Patricia Hicks, Administrative Secretary SUBJECT: PUBLIC COMMENT Marge Mackey, Atascadero resident-said that the public has difficulty hearing discussion between staff and the Commission and asked that they speak directly in to their microphones. At this time Paul Saldana, read a letter in to the record from Jon Iverson and Corrina Jones, herein attached as "Exhibit A". 0 SUBJECT: A. CONSENT CALENDAR 1. Approval of minutes of the regular Planning Commission meeting of Julie 16, 1998. 2. Approval of minutes of the regular Planning Commission meeting of July 7, 1998. 3. Time Extension Request-Precise Plan#96004 - 14205 Santa Ana Road (Gordon) STAFF RECOMMENDATION: Approve ACTION: Approve the Consent Calendar Chairman Zimmerman said he would abstain from voting on Item A.2 as he did not attend the Planning Commission meeting of July 7, 1998. Motion: Fonzi Second: Clark AYES: Fonzi, Clark, Hageman,Eddings,Zimmerman(abstaining on Item A.2) NOES: None ABSENT: Sauter, Arrambide MOTION PASSED: 5:0 000080 Planni ng Commission Meeting-July 21, 1998 Page Two of Sig s SUBJECT: B. HEARINGS APPEARANCES AND REPORTS 1. Conditional Use Permit#98008- 7930 Santa Rosa Road (Kelly Gearhart) Consider a CL P application request to construct a single family residence in a Public zone. (Staff r' commendation: 1)Adopt Resolution No. PC 1998-021, thereby approving Conditional 'se Permit#98008 based on certain Findings and Conditions). (PAUL SALI iANA INFORMED THE COMMISSION THAT THIS ITEM HAD BEEN WITHDRAWN BY THE APPLICANT) TESTIMONY: Mary Hickey, 7950 Santa Rosa Road - asked if she would receive a legal notification if there was another application for this property. Paul confirmed that she would receive a legal notification. . . . . . . . .end of publ c testimony. . . . . . . . 2. Tree Ordinance Update- City-Wide Consider recommended amendments to the City's Tree Ordinance (Ordinance No. 214) and implemeni ing Tree Standards and Guidelines(Resolutions 125-90; 28-91 and 74-94). (Sta recommendation: 1) Adopt Resolution No. 1998-020 thereby recommendin approval of the proposed amendments to the City's Tree Ordinance.) This item was continued from the Planning Commission meeting of July 7, 1998. STAFF RECOMMENDATION: (Paul Saldana) Staff recommends that the Commission: 1. Adopt Resolution No. PC 1998-020 recommending to the City Council amendments to Chapter 11 o Title 9 regulating the removal and protection of Native Trees in the City of Atascader . Paul provided the staff report stating that based on public comment and the items that were brought to staffs attention by the Commission at the July 7, 1998 the ordinance was reviewed and changes made. Be then highlighted the changes. Chairman Zimmerman wanted the record to reflect that even through he did not attend the July 7, 1998 Planning Commission meeting on the Tree Ordinance, he had read the newspaper report, the minutes as approved tonight, and listened to the meeting tapes on the discussion of that particular item. He added, that he did not intend to exclude himself from this discussion; he felt he was fully oriented as of this time. The Chairman suggested that since this was a continued item, that the Planning Commission continue from where hey left off at the last meeting and that public comments follow thereafter. 000081 Planning Commission Meeting-July 21, 1998 Page Three of Sig Chairman Zimmerman-reported that Council had indicated that they would prefer the payment of in-lieu fees as opposed to actual tree replacement on the property. He suggested that an amendment to the General Plan to allow in-lieu fees might be the way to go. He stated that if we proceed with tree replacement as an option, there needs to be clarification on how it would work; he doesn't think that the proposal before them is clear. Paul explained the tree replacement option and how the monitoring/maintenance agreement would work. Commissioner Fonzi asked what the cost would be for monitoring the replacement trees. Paul explained that when the Tree Ordinance was enacted, the City would solicit requests for proposals from licensed arborists asking them for bids for reviewing tree removal applications, as well as for conducting on-site inspections. Commissioner Fonzi asked if there was a penalty if the trees being monitored died. Paul stated that there are penalties for willful and negligent destruction of the trees; however, there would be some provision in the agreement to allow for"acts of God" that could cause a tree to die that weren't willful or negligent. There was discussion on the Maintenance Agreement and how it would be recorded against the property. Commissioners Hageman and Clark questioned whether Architects and Engineers were prepared, or had the staff to prepare tree protection plans. Paul explained that it was quite typical that the Engineer or Architect of record, when applying for a building permit, has included tree protection along with the site plan. When tree protection measures are reviewed by the Planning staff, many times they require an arborist's report to ensure that trees affected by development on site are adequately protected. . . . . . .Commissioner Arrambide joined the Commission at this time— 7.42p.m. . . . . . Commissioner Ha e�; man—asked that the words" and insure viability of the tree after construction" be added to the end of the definition of"Tree Protection Plan" listed in Section 11.04. Commissioner Hageman listed other parts of the ordinance that she felt needed clarifi- cation and Paul so noted. She said she was still concerned that there was no Contract Arborist on staff; she would like to see"an actual Contract Arborist"that can enact this ordinance and enforce it. Commissioner Eddings—asked staff how the fee for monitoring the trees would be determined and stated that he also recalled-from the last Commission meeting-that it was the consensus of the Commission that the applicant would pay the initial fee of an arborist to review or prepare a tree protection plan but that the City pay for the monitoring of the replacement trees. He said it was an excellent idea to process a General Plan Amendment allowing for"in-lieu" fees instead of tree replacement on the applicant's property. Chairman Zimmerman—felt that it would be much simpler if the City Council amended the General Plan allowing for in-lieu fees be paid instead of tree replacement on property that requires monitoring and maintenance agreements. 000082 Planning Commiss on Meeting-July 21, 1998 Page Four of Sig Commissioner Arra bide-said that he recalled that the Commission recommended that the developer pay for m' nitoring of replacement trees for 12 to 18 months and if the City wanted further monitoring t e City would pay. He didn't like the idea that this ordinance requires a recorded document n order to be enforced while other ordinances can be enforced without requiring a recorded document; this just seems a further erosion of personal property rights, unnecessarily so. TESTIMONY: Jim Patterson, Certi led Arborist, 9312 North Santa Margarita Road—said that his problem with paying in-lieu fees. stead of planting replacement trees is that in most instances there is room to replace trees on site that's where the losses occur, let's mitigate it by putting the trees back on site. He said that p ying in-lieu fees did not solve the problem of monitoring the trees. Trees would be planted at some other location and would still need to be monitored. He said that it was in the best interest o the community to give the applicant the option of mitigating tree removal by planting trees on sit(. Jim said that the City definitely needs an Arborist on staff even if it's a Contract Arborist. lie stated that he had problems with a site planner doing tree protection plans unless they are reviewed by a Certified Arborist. It is his feeling that we are loosing ground with the Valley Oak and Blue Oak;they are not regenerating. Rick Matthews, 6950 Navarette—said that according to a survey by the California Oak Foundation in 1997 that found that California is loosing oak woodlands at the rate of 25,000 acres per year. He said that there is no information available to know what is occurring with the City of Atascadero's oak woodlands. We need that information in order to go about the conservation and preservation of our oak woodlands in an intelligent manner. Rick submitted a copy of a flyer put out by the California Oak Foundation entitled"Agricultural or Conservation Easements", attached hereto as Exhibit"A". In closing, Mr. Matthews said that the City of Atascadero needs a City Arborist whether it be a part time, full time or contract position. Marge Mackey, City resident—said that the staff report being discussed this evening looked like staff was listening to the public and asked that they keep listening. She agrees with Jim Patterson and Rick Matthewshat a City Arborist is needed and that oaks do not regenerate like we'd like them to and we hav to protect everyone that we can. Lindsay Hampton, 02 Alta Vista—asked staff if the ordinance before the Commission at this time recommended I ways to mitigate tree replacement. Paul confirmed that it did. . . . . . .the Chairman called a break at 8:SO p.m. -the meeting reconvened at 9:00 p.m. . . . . . . There was consider ble discussion by the Commission regarding the recording of the maintenance agreement, monitoring the replacement trees, fees to be charged and the need for a City Arborist. Chairman Zimmerman said he would still like some limitation on the size of trees that homeowner's can c 't down without a tree removal permit. 000083 Planning Commission Meeting-July 21, 1998 Page Five of Sig At this time, Paul Saldana said that several of the items that had been brought up this evening, could probably be amended this evening. He suggested that they be presented for Commission's consensus to amend the proposal they have before them: • The issue of the City Arborist is a policy issue that will have to be acted upon by the City Council. • Planting replacement trees on site—is an option that would place a significant amount of responsibility on the developer/property owner. • Page 2—definitions—clarification of arboroculture and correcting the spelling throughout the document. • Native Tree definition—changing to"A tree species as listed below:" • Suggestion under Tree Protection Plan—adding to the end of that sentence"and to insure viability of the tree after construction". • Item C.3 under Fees—change to read"............for the removal of dead or diseased trees, as defined by Section D-2(a)." • Item D-2(b)—change to read......... as certified by a tree condition report from an Arborist." • Staff correction on Page 3 of the Guidelines under Item B.3 —move this section to Page 2 under A. Replacement of Trees On-Site. • Suggestion by the public that 2nd sentence in 11.14 A be changed to read: .........the Director shall consult with and employ an Arborist, certified by the................................". (Paul felt this was a policy decision to be made by the City Council) • Page 6, Item 4. Conditions of Approval—add a sentence to the last paragraph to say: "These inspections shall be done by a Certified Arborist." There was discussion on the services of an arborist. Paul said that the direction from the Council was that the services of an arborist would be paid for by the applicant but chosen by the City. Discussion continued on the recording of the Maintenance Agreement—if the agreement is not recorded it will not follow the land; how and when it could be removed. Commissioner Hageman would like to see the maintenance agreement language stay as is—Commissioner Arrambide said the City has the authority to accomplish the monitoring process without a recorded covenant. Discussion continued. It was the consensus of the majority of the Commission that the three(3) options for tree mitigation be left in the ordinance. Paul suggested that since the majority of the Commission was in favor of an unrecorded Maintenance Agreement that the language could be changed to say: "The landowner shall enter into a Maintenance Agreement to ensure that the required installed tree replacement is maintained." Paul read the language suggested by Commissioner Fonzi for 4.(a)which would be changed to read: "(a) Replacement by planting additional trees on site, depending on the characteristics of the site and shall include payment in advance for site inspections 4 times during a 7-year period by a Certified Arborist". Paul said he would still interpret that wording to mean that the City has all the enforcement provisions that are found not only in this ordinance, but in the 000084 Planning Commission Meeting-July 21, 1998 Page Sig of Six Municipal Code; so if in fact it is found that there is willful neglect or damage to the trees that the City could seek under the provisions of the ordinance restitution;we could seek replanting, etc. There was more discussion on the need of a Certified Arborist on staff and the Commission recommended that the City Council address that need as soon as possible. ACTION: Adopt Resolution 1998-020 as amended by adopting the text as'amended into the Resolution. Motion: Clark Second: Eddi gs AYES: Clark, Eddings, Arrambide, Fonzi, Zimmerman NOES: Hageman ABSENT: Sauter MOTION PASSED: 5:1 C. STAFF ANNOUNCEMENTS & REPORTS 1. Director's Report r Paul announced that we have a recommendation going before the City Council as the Redevelopment Age icy to hire a Redevelopment Consultant. Within the next two weeks we should have a timeline with all of the actions necessary and will provide the Commission with a copy of that when the consultant is selected and on board. D. COMMISS ONER ANNOUNCEMENTS & REPORTS 1. Economic Roundtable-None D. ADJO NT - 10:55 p.m. MEETING ADJOURNED: Minutes Prepared By: Patricia Hicks Administrative Secretary 000085 ITEM NUMBER: C - 1 DATE: 08/25/98 a .9w 1918 ® 1979 City Manager's Agenda Report Wade G. McKinney Request for funds from the Fire Impact Fees RECOMMENDATION: Staff recommends Co ancil authorize the allocation of$10,000 from the Fire Impact Fees Fund (575-03530-3567)towards the Station One Hazard Reduction project. DISCUSSION: The Fire Department has received Community Development Block Grant(CDBG) funds for'the 1998/99 fiscal year to refurbish the living and office facilities at Station One. The Fire Department is requesting funds from the.Fire Impact Fund(575-03530-3567)to supplement the CDBG funds received to assure adequate moneys are available.for necessary expenditures (see attached)to complete the project within the 1998/99 fiscal year. FISCAL IMPAC $10,000 from the Fire Impact Fund 575-03530-3567. Annually, the Fire Impact Fees Fund receives approximately $50,000 in revenues from new construction and City'property rentals. Of these funds, approximately $35,000 is allocated for the next three (3) years towards the purchase of Engine Three (E-3). This request would not effect our current vehicle replacement program. Effective August 11, 1998, this account has a balance of$40,000. ALTERNATIVE No alternative recommended. RESPONSIBLEDEPARTMENT: Fire Department ATTACHMENTS: • 1998 Station One Hazard Reduction Phase I -Fire Impact Fund Estimated Expenditures) ) 1998/99 Budget(pg. -18) - Fund Analysis - Fire Impact Fees " (pg. -15) - Summary of Revenues - Other Funds 000086 ITEM NUMBER: C - 1 DATE: 08/25/98 1998 Station One Hazard Reduction Phase I Fire Impact Fund - Estimated Expenditures Project/Event Estimated Amount 2 3068 HC pre-hung doors 344 2 Casement 4040 Windows 774 Acoustical Ceiling (Grid Installation and Tiles) 696 Carpet,plus installation 450 Drywall, Tape, and Mud 150 Electrical 50% 750 Electrical Labor 50% 250 Engine Bay Panel Door Removal 0 Engineering for window cutting 300 Hole cutting for window 1,500 Installation(walls and ceiling) 300 Lumber 0 Masonry Wall 1,326 Paint 100 Window Frame from cutout 400 Remove and Replace Main Electrical Panel 2,000 Installation of Office Door 500 Total $9,840 00008'7 FUND ANALYSIS Fire Impact Fees Fund TYPE 575 Special Revenue ` 1995-96 1996-97 1997-98 1997-98 1998-99 ACTUAL ACTUAL BUDGETED ESTIMATED REQUESTED REVENUES Permits and Fees $ 47,339 $ 42,971 $ 35,000 $ 47,000 $ 40,000 Revenue from Use of Money 11,137 9,297 11,500 11,800 11,800 Total Revenues 58,476 52,268 46,500 58,800 51,800 . EXPENSES Operating (29) (86) - (25) (50) Capital Outlay - (1,570) - - - Debt Service - (35,680) (35,680) (35,680) (351680) Total Expenses (29) (37,336) (35,680) (35,705) (35,730) Net Income 58,447 14,932 10,820 23,095 16,070 THER CASH SOURCES/ USE Orange County Receipts 1,989 4,197 - 500 500 BEGINNING FUND BALANCE $ (67,800) $ (7,364) $ 11,765 $ 11,765 $ 35,360 ENDING FUND BALANCE $ (7,364) $ 11,765 $ 22,585 $ 35,360 $ 51,930 000088 SUMMARY OF REVENUES Other Funds 'FUND SECTIO S50&575 F POLICE IMPACT FUND(550) Permits and Fees 03530-3566 Impact Fees $ 14,656 $ 25,566 $ 21,000 $ 15,180 $ 15,800 Total Police Impact Fees Fund $ 14,656 $ 25,566 $ 21,000 $ 15,180 . $ 15,800 FIRE IMPACT FUND (575) Permits and Fees 03530-3567 Impact Fees $ 47,339 $ 42,971 $ 35,000 $ 47,000 $ 40,000 Revenue from Use of Money 03700-0300 Rental Income 9,725 8,800 10,500 10,800 10,800 `3700-3701_ Investment Earnings 1,412 497 1,000 1,000 1,0001 Total Fire Impact . Fees Fund $ 58,476 $ 52,268 $ 46,500 $ 58,800 $ 51,800 000089 D-15 ITEM NUMBER: C - 2 DATE: 08/25/98 ■ ra 1918 ® 19 9 City Mana er's Agenda Report Wade G. McKin ney TASCADERO POLICE K-9 PURCHASE RECOMMENDATION: Staff recommends the City of Atascadero reinstate the Police K-9 program with the purchase of a full service police do from Inglis Police Dog Training Academy in Ventura, using community donated funds. DISCUSSION: Background: Attac ied is a background report. In 1988 the Atascadero Police Department purchased its first K- , Bodo, from donations raised by the Atascadero Board of Realtors. Bodo worked for approximately 6 years until his retirement in 1994. In 1992 a private citizen donated our second police dog Rommel who was cross-trained in narcotics. He worked for approximately 3 years until Officer Tilley retired and opted to purchase Rommel. In 1994 another private citizen donated Axel to replace Bodo however the dog had medical problems and was returned to the kennel prior to working the streets. Summary: Since the last K-9 retired, the Atascadero Police Department has had to rely on the use of neighboring agencies for the use of their dogs for searches involving suspects and/or narcotics. This has ben a "hit and miss" venture, as the dogs would typically only be available if they were on duty' The police K-9's are an invaluable tool when it comes to searching for suspects, drugs, evid 'nce or lost children. The dogs ability to smell is 400 times more sensitive than that of a human's and can clear an area much faster and safer than that of a police officer. The canine unit would be designed to utilize a police dog and handler team. Depending on the option chosen the team would be trained in crime scene search, handler protection, narcotic detection and suspect apprehension techniques, in order to effectively combat crime in our community. This would promote an atmosphere of service and safety to the citizens of this community. The principle oals and objectives of the program would be: • Promote a professional canine unit, which though it's reputation alone, would reduce crime. • Minimize assaults on and injuries to police officers sustained during the investigation and appreension of suspects involved in violent crimes. 000090 ITEM NUMBER: C - 2 DATE: 08/25/98 • Reduce the manpower and time needed to thoroughly search a building or structure. • Increase the number of suspects apprehended while in the process of committing or fleeing from the scene of criminal acts. • Increase the amount of narcotics seized in searches. • Promote community awareness and acceptance of the Atascadero Police Canine Unit i as a viable and important crime prevention tool. Liability is an important issue in establishing a K-9 program. In the attached report, there is a review of the liability areas. The department has taken the steps necessary to reduce any potential exposure. FISCAL IMPACT: Funds for the purchase, training and equipment will come from private community donations. The Police Department and the Atascadero Quota Club teamed together to raise the funds for this project. Community contributions total over $10,000 to date. The City will be responsible for the cost of the officer's salary during the initial 4 or 7 week training course (currently in the 98- 99 budget). Equipment currently owned by the City Full bite suit,bite sleeves, scratch pants, automatic vehicle door opener, and Chain Link kennel for use at handler's home. Raised from private donations: Initial Patrol Training/Cost: Cross trainable dog $5,000.00 Initial patrol training (4 weeks) $2,000.00 Platform in vehicle $300.00 Kennel at residence (concrete pad) $100.00 Food/Water bowls $20.00 Collars/leashes/other equipment $250.00 Lodging (Carpinteria Motel 6 will donate room) $0.00 Per Diem($31.00 per day) $620.00 Total $8,290.00 (Basic Police Dog) Initial Narcotics Training Narcotics training (3 weeks) $2,000.00 Lodging (Carpinteria Motel 6 will donate room) $0.00 Per Diem($31.00 per day) $465.00 Total $2,465.00 (Drug Dog) 000091 ITEM NUMBER: C - 2 DATE: 08/25/98 Annual Costs: Medical $500.00 Food $750.00 Other Supplies $50.00 Yearly maintenance training $275.00 Officer care and feeding of canine $2,200.00 Total $3,775.00 Grand Total of community donations needed $12,330.00 (Full Service Dog) (including first year arinual cost) To be paid by the City: (98-99 budget) Salary for 7 weeks (Based at step E) $5,742.00 Total $5,742.00 ALTERNATIVE Three options for Pol ce Dog purchase are: 1. Patrol only 2. Drug Getection only 3. Full Service (both drug detection and patrol) 1. Purchasing a Patrol dog would give us a dog trained in tracking (for lost children or suspects), searching for evidence or suspects), handler protection, and apprehending suspects. Cost: $8290. 2. Purchasing a Drug dog would give us a dog used for narcotic searches only. It would not be able to track suspects or lost children, search for evidence, or apprehend suspects. Cost: $8135. 3. Purchasing a Ful I Service dog would give us a dog that would be able to perform all of the functions of a Drug and Patrol dog. This is the most economically feasible for our Department, as it would give us a very versatile working team. Cost: $10,755. RESPONSIBLEDEPARTMENT: Police Department ATTACHMENT 1 re Background ort g p 000092 ATTACHMENT ONE BACKGROUND REPORT UTILIZATION AND ADVANTAGES OF A CANINE UNIT: Possibly the greatest value of a police canine is their mere presence in the community. The psychological deterrence of these programs has been shown to reduce crime and attacks on Officers. TRACKING Police canines are able to track due to their highly developed olfactory system. The olfactory system of a human is approximately one inch in area, compared to that of a dog, which is approximately one yard in area. This gives the dog an amazing ability to distinguish scents. With this ability, and providing conditions are suitable, the canine can track human scent. The ability to track is used in: 1. Location lost children, developmentally disabled or disoriented persons, 2. Tracking suspects from the scene of various crimes such as; • Escaped persons • Robbery . • Burglary • Rape • Auto thefts where the vehicle is abandoned and the suspect(s) fled on foot. • Prowler calls NARCOTIC DETECTION: The ability to distinguish scents is useful not only in detecting human scents but also in distinguishing chemical scents. This ability allows a properly trained canine to detect narcotics, which would be useful for narcotic officers or patrol officers, adding one more tool to the resources available to officers in the field. CRIME SCENE SEARCHING The dogs olfactory system is also used in crime scene searching. The canine is taught to locate any object within a specified area, which is foreign to the ground, even though he has no idea what he is expected to find. Upon command, he will retrieve any and all objects, regardless of the terrain. Canines can be especially useful in the recovery of physical evidence in brush and tall grass. 000093 APPREHENSIO OF FLEEING SUSPECTS Occasionally the canine may be called upon to apprehend and contain a fleeing suspect. When making the actual arrest, the dog is taught to grab the suspect and not release him until either commanded to do so by the handler, or the suspect stops all resistance. BUILDING SEARCHES The use of canines to search buildings is perhaps the most utilized of all the abilities they possess. A large warehouse, office building, church or school which has been burglarized or in which an alarm has been set off, are the places where a dog is ost appreciated. With a minimum number of officers to secure the perimeter of the building, the handler and his dog can search the building in a fraction of the time that would be needed if the building were to be thoroughly searched by officers alone. KENNEL SELECTION: A statewide search of other law enforcement agencies was conducted to locate the best kennels for the purchase of our police dog. The top three kennels closest to our area are: Witmer-Tyson Imports in Menlo Park, Adlerhorst International, Inc. in Riverside, and Inglis Police Dog Training Academy in Ventura. A proposal was requested and received from each of the three kennels. The following is a surnmary of each kennel Witmer-Tyson: • Owners, Dae Witmer and Randy Tyson • 25 years ex rience in training police dogs • Provides a 4--week training course for the patrol dog with an additional 3-week course for narcotics detection. • The cost is $6,700.00 for the patrol dog and basic training with an additional $2,000.00 for the narcotics training. Total cost $8,700.00. • Limited guarantee. Will replace dog in first four months if not satisfied. Adlerhorst: • Owner, David and Pip Reaver • 35 years experience in training dogs with 21 years of training police dogs. • Testified as an expert witness in several courts. • Provides a 5'week training course for the patrol dog with an additional 4-week course for narcotics detection. o The cost is $5,200.00 for the patrol dog and basic training with an additional $2,400.00 fo the narcotic training. Total cost $7,600.00. 000094 • Guarantee. Spine and hips for 1 year, congenital problems 18 months, temperament and drive level for the life of the dog. • Yearly training, $975.00 Inglis • Owner, David and Debbie Inglis • Combined experience of over 50 years. • Provides a 4-week training course for patrol and a 3-week training course for narcotics detection. • Provides a patrol and narcotic trained dog for $9,000.00. • Annual training $1,000.00 for 46 weeks, $500.00 for 23 weeks and $275 for 11 weeks. • Guarantee. Three 3 years for congenital defects and temperament. Witmer-Tyson is the kennel of choice in this area and this is where our first police dog was purchased. Even though he was an excellent dog, there was no follow up training. Trying to get in touch with Witmer-Tyson in the past has been very difficult and normally took several phone calls. When we began calling for quotes, we again ran into the same problem. They were asked several times when they would be having a training day that we could observe. We've never received a reply. In our research we also found other police agencies that have had the same problems. Due to the difficulty encountered in contacting them, lack of follow-up training, and lack of support shown to other agencies, this kennel is not recommended. Adlerhorst International, Inc. is an excellent company. Most people spoken to had high praise for them. Dave Reever, the owner of the kennel, has been qualified as an expert witness in canine training. They have a set training schedule, however, they are all in southern CA approximately 4 to 5 hours driving time from this area, which makes this kennel geographically unreasonable. Inglis Police Dog Training Academy is another excellent company. They are a young company, eager for our business, and are willing to work with us to meet our needs. They are very easy to contact as they have pagers and cell phones. They schedule training every Tuesday. The training we attended, there were approximately 10 dogs present from various agencies. All were very well behaved and well trained. The dogs are trained for the hold and bark for suspect searches and passive alert for drug searches which limits liability tremendously. Both David and Debbie Inglis attended our K-9 fundraiser in the park. They've given helpful hints in starting our program and have offered to assist on the interview panel for the handier. Even though they are slightly more expensive than the other kennels, this cost will be off set by better customer service, the close proximity to Atascadero and on going weekly training classes. 000095 HANDLER SELECTION: The handler and dog selections are two of the most important facets of the entire canine program. Together they form the foundation of the team. The dog is just another tool and the results of his use are directly related to the skill and discretion employed by the person using that tool. Therefor, the department should use good judgement in the selection of a canine handler. A poor handler is a liability in itself. The officer chosen should be even-tempered, patient, sharp in appearance, and dedicated. Theofficer's service record should not reflect a tendency to escalate situations or an undue amount of citizen's complaints of excessive force. The officer must enjoy the company of animals. The officer should also have a solid background of police experience. Police dogs are generally kept at the handler's residence, therefore, the hander should have a fenced yard of sufficient size for a mid to large size dog. If the handler is renting, the handler must obtain written permission from the landlord to house the dog on the premises. Officers living in apartments or condos should not be considered. 11 If the handler is married, the spouse must be in agreement to have the dog reside at their home. Couples must realize that the extra time spent on/with the dog, the workinghours of the team, and the disruption of their personal lives, can cause serious problems to their relationship. Public speaking is also a quality to look for. A knowledgeable and articulate speaker at ease with the general public and school children is an asset to the canine program and the department. LIABILITY The degree of liability assumed by the Department would be much the same as the liability assu med in the use of any other police tool and maybe less when compared to the human counterpart. A human must think and then react to a given situation, the canine, however, reacts only to the situations in accordance with conditioned training and can be recalled from any action that he was told to perform. Lawsuits typical y filed involving police dogs, are involving training, policy and supervision. Time and time again, courts have ruled that deploying a police dog does not constit' to the use of deadly force. The latest court decision supporting this is the 9th Circuit U.S. Court of Appeals upholding a lower court decision in the case of Vera Cruz vs. The City of Escondido 1997. The problem of liability 000096 comes from an improperly trained dog, handler, or the lack of continued maintenance training. One of the most critical factors affecting potential liabilities is the selection of the handler. The dog is just another tool and selecting the proper handler is critical (see handler selection). Where these liabilities exist, there are positive steps to avoiding any unnecessary liability. The Department has a written training and reporting procedure, a Canine Procedure manual and policy, and written standards of performance to be evaluated by the K-9 supervisor. Training will be ongoing and documented. The City Attorney has reviewed all applicable policies relating to the use, training, and standards for the dog and handler. Other steps can be taken to alleviate the potential liabilities. The modification of a patrol vehicle, such as screens on rear windows, automatic door opener and clearly marked K-9 warnings, can eliminate any accidental bites from people reaching into the car or purposely provoking the dog, while at the same time allowing fresh air and quick egress when needed 00009'7 ITEM NUMBER: C — 3 n ■ ,'® DATE: 08/25/98 1918 ® 6 9 City Mana er's Agenda Report Wade G. McKinney Urgency Ordinance Prohibiting Medical Marijuana Clubs RECOMMENDATION: Staff recommends Council adopt an urgency ordinance prohibiting medical marijuana clubs by introducing Ordinance No. 351 for first reading, by title only. DISCUSSION: Background: On November 5, 1996 Proposition 215 was enacted into law. Proposition 215 amended the California Uniform Controlled Substances Act to allow persons to grow or possess marijuana for medice 1 use when recommended by a physician. The statute provides for the use of marijuana when a hysician has determined that the patient's health would benefit from its use in the treatment of c ricer, anorexia, AIDS, chronic pain, and other illnesses for which marijuana provides relief. No p escription or other record keeping is required by the proposition. The State Attorney General has taken the position that Proposition 215 provides an affirmative defense to the Health and Safety Code prohibitions against the individual possession and cultivation of mariju a. The Attorney General has also suggested that Proposition 215 might provide an affirmative defense to: 1) possession for sale against a caregiver who charges the costs of cultivation 'without making a profit; 2) the prohibition on transportation sale and furnishing for caregivers; and 3) the prohibition against furnishing marijuana to minors. The Attorney General has taken the position that the term "primary caregiver" precludes so-called marijuana clubs from asserting defenses since they are not primary caregivers. There is currently on oing State litigation involving the interpretation of Proposition 215 and its application to marijuana clubs. There have been various municipal responses to the act. Oakland has fully endorsed the proposition and has refrained from adopting any zoning rules and in fact has adopted 'clear policies for their police department in regards to encouraging the medical use of marijuana. Other municipalities, like San Jose, have decided that Proposition 215 did not provide adequate controls. 000098 ITEM NUMBER: C 3 DATE: 08/25/98 A handful of the cities have decided to act regarding the implementation of Proposition 215 within their own borders. The various responses of the municipalities can be divided as follows: 1) police regulation of patients and caregivers; 2) combined land use and police regulation; and 3) land use prohibition. As the police regulation of patients and caregivers approach, a municipal code section would be added covering personal medical marijuana use. The purpose of such an ordinance is to recognize and protect the rights of qualified patients and primary caregivers and to promote the safe use and affordable access to medical marijuana. The San Jose model combines land use and police regulation. The land use regulation requires a special use permit for a medical marijuana dispensary. The dispensaries are required to be located in certain areas. In San Jose, the sale of marijuana, in accordance with Proposition 215, does not qualify.as a home occupation and cannot be conducted from single family dwellings. Additional restrictions in the San Jose model include the prohibition of consumption of marijuana on the site of the dispensary, age restrictions, a prohibition against retail sales of any products other than medical marijuana, limitations as to hours and methods of operation. The San Jose model also has detailed and extensive police regulations. These regulations would require an operator of a dispensary to be subject to comprehensive record keeping requirements regarding cultivation, distribution, finances and marijuana seed source. Jose is currently involved in litigation over its ordinance. The i has The City of San Jo y g City s successfully obtained a preliminary injunction prohibiting the defendant in their case from operating in violation of the ordinance, but a final decision has not been reached. The third approach is simply the land use prohibition model. Palo Alto has chosen to follow this model. That municipality decided simply to prohibit dispensaries. FISCAL IMPACT: None ALTERNATIVES: The Council is not required to pass such an urgency ordinance. However, staff does not recommend this alternative as it may allow the creation of a legal use in an area the City chooses not to allow medical marijuana dispensaries in the future. RESPONSIBLE DEPARTMENT: Police Department; City Attorney ATTACHMENTS: Ordinance No. 351 000099 ORDINANCE NO. 351 ORDINANCEOF THE COUNCIL OF THE CITY OF ATASCADERO DECLARING TI 11E ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA D SPENSARIES TO BE A PROHIBITED USE UNDER THE ZONING ORDI ANCE, AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY The City Cou cil of the City of Atascadero does ordain as follows: SECTION 1. Findings. The Council finds and declares: A. In November 1996,the voters of the State of California approved an initiative measure known as Proposition 215, which added Code Section 11362.5 to the California Health and Safety Code. Proposition 215 created a defense to the criminal laws forbidding possession and cultivation of marijuana, for persons possessing or cultivating the drug for personal medical purposes upon the wr tten or oral recommendation or approval of a physician. The defense also extends to the individ' al's primary caregiver as defined by law. B. Since enactment of Proposition 215, persons throughout the State have expressed a desire to establish 1 'cations where marijuana can be dispensed to those persons who qualify for its use under state law. Because possession and cultivation of marijuana was illegal until enactment of Proposition 215, cities and counties had not addressed in their zoning and other regulations the requirements for establishment and operation of facilities at which medical marijuana would be dispensed. Some cities and counties have responded to Proposition 215 by enacting ordinances hich establish new zoning and police regulations governing medical marijuana dispensaries, or impose a limited-term moratorium on the opening of such facilities,to allow time for study and development of appropriate regulations. C. Proposition 215 may be interpreted in a manner which takes into account the humanitarian purposes of the Proposition, allowing for some reasonable production and distribution for medicinal purposes only. The nature and extent of cultivation and distribution which may lawfully be undertaken by private parties other than the medical marijuana users themselves is thus an open question. Special zoning and perhaps other regulations would therefore be necessary in order to adequately control such uses in Atascadero. D. The State Legislature is currently considering bills, which would regulate the distribution of medical marijuana. Any city regulations of such activities may be required to be consistent with such state laws, once enacted. E. It is necessary for the preservation of the public peace, health and safety to enact as an urgency measur an ordinance, declaratory of existing law,prohibiting the establishment and operation of medi cal marijuana dispensaries. The reasons for the urgency are as follows: City of Atascadero Ordinance No,351 Medical Marijuana Dispensaries Page 1 of 3 000100 1. The possibility of an establishment of a medical marijuana dispensing.should be taken seriously, inasmuch as nearby communities have also received such requests and experienced high interest by persons wishing to establish such facilities. The City of San Jose, for example, has recently obtained a court order requiring closure of an illegal medical marijuana dispensary, and is processing permit requests for other facilities for which applications were filed under a recently-enacted ordinance regulating medical marijuana dispensaries. 2. While the City's zoning ordinance (Title 9, Atascadero Municipal Code) allows various kinds of medical and related uses as permitted or conditional uses in specified zoning districts, it does not provide for the medicinal distribution of marijuana. Because cultivation and possession of marijuana in California was illegal until passage of Proposition 215, facilities dispensing medical marijuana are not an enumerated use under the zoning ordinance. 3. Experience in other communities suggests that a number of regulatory.issues should be carefully considered prior to allowing establishment of medical marijuana dispensaries in order to prevent crime and ensure compatibility with other uses, including residential uses and schools. These issues include security requirements, appropriate zoning designations and development standards, and monitoring and reporting requirements. Study of these issues and development of recommendations will require prioritization with other projects currently being undertaken by the Police Department and the Community and Economic Development Department. 4. Because dispensation of medical marijuana is not an activity currently addressed in the Municipal Code,the City can expect to experience enforcement problems if persons attempt to dispense medical marijuana in Atascadero, in the absence of regulations specifically governing such uses. In light of the expressed interest in establishing a medical marijuana dispensary in Atascadero, and the time required to study and develop appropriate regulations, an urgency ordinance is necessary to provide a clear statement of existing law and to protect the public peace, health and safety. SECTION 2. Definitions. For the purposes of this Ordinance, the following definition shall apply: "Medical Marijuana Dispensary" is a facility where marijuana is made available for medical purposes in accordance with Health and Safety Code Section 11362.5 (Proposition 215). This does not include the cultivation or possession of marijuana, by a single patient or caregiver, for medical use in accordance with Health and Safety Code Section 11362.5. SECTION 3. Establishment and Operation Prohibited. (a) No person shall operate or allow or suffer the operation of a Medical Marijuana Dispensary within the City of Atascadero. (b) No permit or certificate of use and occupancy shall be issued for a Medical Marijuana Dispensary. City of Atascadero Ordinance No. 351 Medical Marijuana Dispensaries Page 2 of 3 000101 SECTION 3. Establishment and Operation Prohibited. (c) This section is declaratory of existing law. SECTION 4. Effective Date. This ordinance shall be effective immediately upon adoption. SECTION 5. The Council finds that this project is exempt from the provisions of the Environmental Quality Act("CEQA") because it can be seen with certainty that there is no possibility that this project, which consists of a declaration of existing law, will have a significant effect on the environment. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: CITY OF ATASCADERO Marcia M. Torgerson, City Clerk Harold L. Carden, III, Mayor APPROVED AS TO ORM: Roy A. Hanley, City Attorney City of Atascadero 01 dinance No. 351 Medical Marijuana D spensaries Page 3 of 3 000102 ITEM NUMBER: C - 4 n■ ®A ® j DATE: 08/25/98 City Manager's Agenda Report Wade G. McKinney Information Bulletin A. Communitv Oriented Policing Program Community policing is a philosophy, management style, and organizational strategy that promotes pro-active, problem solving and police-community partnerships to address the cause and resolution of crini e and other.community concerns. The 90's have brought change to our community. In response to that change, the staff at the police department habeen organizing a shift from traditional style policing to a personalized style of community olicing. Our Community Action Partnership (C.A.P.) grew out of this philosophy and was atterned after formalized community-oriented policing strategies. One of the core components s the partnership between the citizens of the community and the members of the Atascadero Pol`ce Department. This partnership is an interactive process involving police officers with the citizens who work and live in the area they patrol. Instead of merely reacting to incidents as they oc' ur, the police department will place its emphasis on identifying and responding to community issues through a collaborative effort involving all available resources, including allied agencies, department members, and individual members of the community. Through this partnership, the citizens of this community will assume a more active role in resolving their proble ns. Citizens are not being asked to take the law into their own hands; they are being invited to articipate with the police department in a creative approach to resolving problems of mutual concern. Problem solving will be coordinated through various community/police needs assessments. Input will be solicited, analyzed, and extrapolated to develop innovative and tailor-made responses. Follow-up contacts will be made to evaluate effectiveness, on-going concerns, or necessary modifications. In responding to the leadership of the City Council, the department looked at a means to decentralize the poli department. What developed was the assignment of officers to specific areas throughout the city. These officers will be stakeholders in the community sharing ownership with the citizens' concerns and issues. The public will have a specific name and face to address that specific area's needs. It is expected that thi shift in philosophy will result in more effective and thorough responses to p p pY the needs of the co unity. While the police department will continue with the enforcement of the law, we will now openly encourage input and assistance from community members to solve problems to our mutual benefit. 000103 ITEM NUMBER: C - 4 DATE: 08/25/98 B. EMPLOYEE UPDATE Andrew Fruin P/Time Technology Director Hired 07/04/98 Heather Magee P/Time Fire Reserve Hired 07/10/98 Steven Javine P/Time Fire Reserve Hired 07/10/98 Jason Maham P/Time Fire Reserve Hired 07/13/98 Leah Goldman P/Time Recreation Leader Hired 07/14/98 Jonathan Stornetta P/Time Fire Reserve Resigned 07/20/98 Marc Falkenstien P/Time Recreation Leader Resigned 07/22/98 Ardith Chunn P/Time Zoo Camp Instructor Resigned 07/23/98 Karli Clevenger P/Time Lifeguard-Instructor Hired 07/27/98 Calvin Fernandes Plan Check Engineer Resigned 08/04/98 Jennifer Jones P/Time Lifeguard-Instructor Hired 08/04/98 Kelly Heffernon Assistant Planner Resigned 08/06/98 Lisa Buscher P/Time Recreation Leader Hired 08/06/98 000104 ITEM NUMBER: D - 1 DATE: 08/25/98 i City Aftorn y s Agenda Report Roy A. Hanley Zone Change #97012 Amend Text of Zoning Ordinance Relative to Access Requirements at the Eagle Creek Golf Course (9100 Santa Barbara Road: Gearhart) RECOMMENDATION: City Attorney recominends Council give final approval to Zone Change #97012 by adoption of Ordinance number 338 by title only on second reading. DISCUSSION: Background: The Eag le Creek project was originally approved in 1991. The approval included the subdivision of a -acre site into 14 lots, 12 residential and 2 larger lots for recreational use. At the time the project was originally approved the project contemplated one 9-hole golf course on one lot and a light-.d swim club and tennis facility on the other; with the attendant clubhouse facilities. Planned Development Overlay Zone No. 8 was created and applied to the entire site located on the south 3ide of Santa Barbara Road between Highway 101 and Atascadero Road. This matter came before the Council on January 27, 1998 and then again on February 10, 1998. This matter comes before the Council again, because it has been determined that the language of subpart e of section 9-3.652 was changed sufficiently between those meetings to require a second reading as originally proposed. The hearing on the January 27 meeting consisted of discussion related to a request to change the access into the project. Originally principal access to the recreational uses was required to be from Santa Barbara Road and not from Atascadero Road. The applicant felt that with the elimination of the swim club and tennis facilities one access road was sufficient. The minutes of the December 2, 1997 Planning Commission hearing show that the applicant informed the planning commission that he intended to replace the swim and tennis facilities with a driving range. The minutes were attached to the report made available to the Council. There was however, no specific discussion of the driving range at the council meeting of January 27, 1998. The main issue of concern at the council meeting was to make sure that the swim and tennis facilities could not be reinstalled into the project without prior review by the City Council. There was a motion, as contained in the minutes of the meting, to require further hearing by the council in this event. Although the motion did not specifically state that the driving range was a contemplated use, the ordinance came for second reading on February 7, with the words "driving 000105 ITEM NUMBER: D - 1 DATE: 08/25/98 range" in subsection e. This change is significant enough to require another reading b this g q g Y council. Conclusion: Staff continues to recommend adoption of Ordinance number 338 as written, and in accordance with the motion made and passed on January 27, 1998. Under these circumstances subpart e should read "Any substantial expansion of recreational uses beyond a 9-hole golf course shall require preparation of a traffic study. The result of that traffic study and. recommendation shall appear on the Consent Calendar of the City Council." The change being requested improves traffic safety. Furthermore, the changes improve the appearance of the site as compared to the originally approved swim club and tennis facilities. The current project has more open space, less grading and a larger greenbelt than the earlier project. The Council could not have disallowed the swim club and tennis facilities. FISCAL IMPACT: None ALTERNATIVES: This council could have a second reading of the ordinance as it came before the council on February 19, 1998 and include the language mentioning the driving range. Staff does not recommend this alternative because it would require yet another reading to be valid and because the ordinance as presented today accurately reflects the vote of the council on January 27, 1998. RESPONSIBLE DEPARTMENT: City Attorney ATTACHMENTS: Ordinance No. 338 000106 ORDINANCE NO. 338 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 9-3. 652 OF THE ATASCADERO MUNICIPAL CODE (ZONING, ORDINANCE) BY MODIFYING ACCESS REQUIREMENTS FOR NONRESIDENTIAL USES ON PROPERTY AFFECTED BY ,PLANNED DEVELOPMENT OVERLAY ZONE NO. 8 (TRACT 2049, EAGLE CREEK PROJECT) (ZC 97012: Gearhart) WHEREAS, the proposed Zoning Ordinance amendment is consistent with the General Plan in effect at the time of application acceptance, as required by Section 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 will not have a significant adverse impact 'upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on December 2, 1997 and has recommended approval of Zone Change 97012 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1 . Council Findings . 1 . The proposal is consistent with General Plan goals and policies in effect at the time of application acceptance. 2 . The proposal is compatible with surrounding land uses and zoning requirements in effect at the time of application acceptance. 3 . The proposal will not have significant adverse environmental effects . The Negative Declaration prepared for Tract 2049 and adopted by the Council on April 9, 1991 has been considered and found adequate purs ant to the requirements of the California Environmental Quality Act (CEQA) . 000107 Ordinance No. 338 Page 2 4 . Modification of the development standard hereby being amended promotes safe, orderly and harmonious development and is therefore warranted. 5 . Modification of development standard hereby being amended will enhance the opportunity to best utilize the special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the subject Zoning Ordinance amendment cannot be reasonably achieved through existing development standards . Section 2 . Zoning Ordinance. The Zoning Ordinance of the City of Atascadero, being Title 9 of the Atascadero Municipal Code (AMC) , is hereby amended to modify Subsection 9-3 . 652 (e) , as shown on the attached `Exhibit A. ' All other subsections within AMC Section 9-3 . 652, however, shall remain in effect. 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 Council Member Luna and seconded by Council Member Johnson, the foregoing Ordinance is approved by the following roll call vote: 000108 Ordinance No. 338 Page 3 AYES : NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Harold L. Carden, III, Mayor ATTEST: MARCIA M. TORG RSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney 000]109 EXHIBIT A, PAGE 1 OF 2 ORDINANCE NO. 338 9-3 . 652 . Establishment of Planned Development Overlay Zone No. 8 (PD8) . Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning Maps (Section 9-1 . 102) . The following development standards are established: (a) A Master Plan of Development shall be .approved prior to any development of the site . Said Master Plan shall be processed in the same manner as a Conditional Use Permit except that that Master Plan may be submitted and processed in the same. manner set forth for the processing of a tentative map. (b) In approving a Master Plan of Development for the site, the uses allowed shall be limited to: 1 . Single Family Dwellings 2 . Residential Accessory Uses (See Section 9- 6 . 106) 3 . Crop Production and Grazing 4 . Farm Animal Raising (See Section 9-6 . 111) 5 . Home Occupation (See Section 9-6 . 105) 6 . Temporary Dwelling (See Section 9-6. 176) 7 . Agricultural Accessory Uses (See Section 9- 6. 109) 8 . Outdoor recreation services, limited to a golf course and/or Tennis and Swim Club (See Section 9-6. 123) 9 . Pipelines (c) No uses shall be established, or expanded, unless approved pursuant to a Master Plan, following a public hearing. 000110 EXHIBIT A, PAGE 2 OF 2 ORDINANCE NO. 338 (d) The crove of Oak Trees located on the slope between the top of the knoll and .the intersection of Santa Barbara and Atascadero Roads shall be preserved. In approving a Master Plan, Or Tentative Map, efforts shall be made to place this extreme western portion of the property into open space easement, or otherwise ensure its preservation. (e) Any substantial expansion of recreational uses beyond a nine hole golf course shall require preparation of a traffic study. The result of that traffic study and recommendation shall appear on the consent Calendar of the City Council . (f) Residential uses shall be subject to Appearance Review. 000111