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HomeMy WebLinkAboutAgenda Packet 10/08/1991 RRIC REVIEW CTT # PLEASE DO NOT REMOVE ERM' COUNTER" AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM OCTOBER 81 1991 7:00 P.M. This agenda is prepared and posted pursuant to the require- ments of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be tak- en shall include: A referral to staff with specif`c requests for information; continuance; specific direction to staff concerning the policy or mission of the item; discontinuance of ,consideration; authorization to enter into negotiations and exectte agreements pertaining to the item; adoption or approval; and, ;disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are �on file in the office of the City Clerk, available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. RULES OF PUBLIC PARTICIPATION: * Members of the audience may speak on any item bn the agenda. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the ;speaker may respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance Roll Call City Council Comments: * Proclamation: "Alzheimer's Awareness Day", October 17, 1991 1 COMMUNITY FORUM: The City Council values and encourages exchange of ideas and 4 9 comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. * All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. No person shall be permitted .to make slanderous, profane or personal remarks against any Council Member, commissions and staff. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary. ) : 1. S.L.O. Area Coordinating Council/North Coastal Transit 2. Solid/Hazardous Waste Management Committee 3. Recycling Committee 4. Economic Opportunity Commission 5. City/School Committee 6. Traffic Committee 7. Downtown Interim Sign Committee 8. County Water Advisory Board 9. Economic Round Table 10. B.I.A. 11 Colony Roads Committee B. CONSENT CALENDAR: All matters listed under Item B, Consent Calendar, are consid- ered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: I. CITY COUNCIL MINUTES AUGUST 27, 1991 (Cont'd from 9/24/91) 2. CITY COUNCIL MINUTES - SEPTEMBER 10, 1991 3. RESOLUTION NO. 97-91 - ESTABLISHING A NO PARKING ZONE ON EL CAMINO REAL ALONG THE FRONTAGE OF HENRYS VIDEO - I 2 it _ i I 4. RESOLUTION NO. 98-91 - ESTABLISHING A TWO-HOUR PARKING ZONE ON EL CAMINO REAL FROM THE SOUTHERLY BOUNDARY OF ATASCADERO FORD TO THE NORTHERLY BOUNDARY OF THE ADJACENT CONDOMINIUM COMPLEX 5. RESOLUTION NO. 99-91 - APPROVING TWO STOP SIGNS AT ARDILLA AND PORTOLA ROADS 6. ACCEPTANCE OF FINAL PARCEL MAP 7-89, 7000 SA* PALO ROAD - Subdivision of 7.00 acres into four lots of 1.155, 1.60, 1.65 and 2.20 acres (McNamara/Cuesta Engineering) 7 . QUARTERLY RISK MANAGEMENT REPORT C. HEARINGSIAPPEARANCES: 1. TENTATIVE PARCEL MAP 07-91, 9120 Atascadero Ave. - Appeal of two conditions of approval of the proposed d�vision of one acre into two lots (Plotkin/Twin Cities Enginejering) 2. ZONE CHANGE 07-91 - Proposed zoning text amendment to allow fences in excess of 3 feet in height to be located in required front yard and side yard setbacks adjacent to a street A. Ordinance No. 232 - Amending the Official. Zoning Ordi- nance relative to the allowed height of fences, hedges and walls located within required front yard setback areas and side yard setback areas where Ithe side yard lies adjacent to a street (Recommend motion to waive reading in full and approve on first reeding by title only) D. REGULAR BUSINESS: 1. CREEKWAY MAPPING COMMITTEE - FINAL REPORT 2. RESOLUTION NO. 100-91 - PERMITTING TEMPORARY SEWER HOOK-UP TO 5270 SAN ANSELMO ROAD (Bauer) 3. PERSONNEL CONSULTANT AGREEMENT STATUS 4. DOWNTOWN STREET IDENTIFICATION SIGNS AND SUPPORT POLES 5. ORDINANCE NO. 231 - Authorizing an amendment tIo the contract between the City of Atascadero and the Board of Administration of the California Public Employees Retirement System (Recom- mend motion to waive reading in full and approve on second reading by title only) (Cont'd from 9/10/91) i 3 E. INDIVIDUAL DETERMINATION ANDIOR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTICE: THE COUNCIL WILL ADJOURN TO A CLOSED SESSION FOR PURPOSES OF DISCUSSION REGARDING (1) POTENTIAL LITIGATION, ENTITLED LEA v. CITY OF ATASCADERO, GELD PURSUANT TO GOVERNMENT CODE SECTION 54956(A) , AND (2) PENDING LITIGATION, ENTITLED MANNING v CITY OF ATASCADERO, HELD PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (A) , THE COUNCIL WILL ADJOURN FROM SAID CLOSED SESSION TO A JOINT MEETING WITH THE CITY PLANNING COMMIS- SION AT 7:00 P.M. ON THURSDAY, OCTOBER 10, 1991, 4TH FLOOR ROTUNDA ROOM. 4 P R O C L A M A T I O N "ALZHEIMER'S AWARENESS DAY" October 17, 1991 WHEREAS, California has been the national leader in the devel- opment of model programs for persons with Alzheimer' s Disease and related disorders; and WHEREAS, These programs assist and support more than 500, 000 persons who suffer from Alzheimer's Disease and their caregivers by providing day care and respite facilities; and WHEREAS, AD Care of Atascadero is recognized by the State of California as one of a network of Alzheimer's nay Care Resource Centers which provide the highest quality of care and support for persons with Alzheimer' s Disease and their familiies; and WHEREAS, This community is dedicated to the advancement of its members who are affected by Alzheimer's Disease and providing them with a quality of life that is enhanced by day care programs. THEREFORE, I, Alden Shiers, Mayor of the City of Atascadero hereby proclaim October 17, 1991, as "Alzheimer's Awareness Day". Al i•n � ALDEN F. SBI�?RS, Mayor City of Atasoadero, CA ag2kll ff� Dated: Octo0er 8, 1991 Adult Daeait October 1 , 1991 Service Ray Windsor C _ City Manager City of Atascadero 6500 Palma Atascadero, CA 93422 '7::rnpFRo t�_RK Dear Mr. Windsor: On behalf of the Board of Directors of AD Care Association, I would request that the City of Atascadero name October 17 , 1991 "Alzheimer' s Awareness Day. " As you may know, Alzheimer' s Disease is a major public health problem which gradually robs older persons of their memories , judgment , and other intellectual skills. Alzheimer' s Disease primarily affects persons over 65 , but younger persons can also suffer from Alzheimer' s Disease . It is the fourth leading cause of death among adults in America and costs society tens of billions of dollars a year. San Luis Obispo County has an outstanding network of services for persons with Alzheimer' s Disease including three adult day centers operated by AD Care and four separate support groups. AD Care is a non-profit corporation with a volunteer Board of Directors ( list enclosed ) which was founded in 1985 . Two years ago , our Atascadero site ( which also houses our main offices ) was named one of 36 Alzheimer' s Day Care Resource Centers by the California Department of Aging . In addition to this recognition of program excellence , this grant gives AD Care 860 , 000 a year from the State to support our Atascadero program and staff. The Atascadero Alzheimer' s Disease Awareness Day will be the first of what we hope will be others throughout San Luis Obispo County. During the day, AD Care staff and volunteers will drop materials at every physician' s office , pharmacist, senior center, and many shops throughout the community. We will also set up information tables at shopping centers and work with the local media. The goal of the day is to make the public aware of local services and to encourage people to seek medical advise if they are having the symptoms of severe memory loss or confusion. A proclamation from the City of Atascadero will draw _ attention to this important day and result in increased media attention. We appreciate your consideration of this request Partially Funded by: ■ Main Office: ■ 438 Colusa ■ 3065 Temple tA:GENCY EA P.O. Box 1796 San Luis Obispo Halcyon Nc Atascadero,CA 93423-1796 (805)545-8446 (805)489-1365 (805)466-0538 Adult Day Services in San Luis Obispo County my Provided by AD Care Association P. O. Box 1796, Atascadero, CA 93423 (805) 5454464 Adult day cane providers socialization and enrichment to the lives of many older persons in San Luis Obispo County. AD Care will help any individual with the diagnosis of Alzheimer's Disease,stroke,or another disorder which make it difficult for them to live alone or without supervision Persons coming to the neater will enjoy arntwe activities,exeraus, music;,and friendship with a committed staff of professionals and volunteers. Family camgwers find that day caner gives them respite, care use the time to continue working or a break,from the often 24-hour day of caregiving. Families working Play golf,visit with friends,ger needed rest,or simply,to enjoy pate time in their homes. AD the Area Caro strives to offer the highest quality of care. Donations from many sources including state and local government, Agency on Aging, civic clubs and groups, and private individuals allow us to serve families on a sliding sole. To find out more about AD Care's services, call any of the centers listed below. Atascadero- Services provided at SL Luke's Episcopal Church 5318 Pala}a. Monday through Friday 9-3 For information,contact David Trox el or Marsha Bollinger at 466-0538 Hakyon/Anoyo Grande; Services provided at W awatha Lodge 3065 Temple,Halcyon. Monday through Friday 9-3 For information, contact Rachel lEtlin or Gary Dewhirst at 489-1365. San Luis Obispo: Services provided at Cuesta College 438 Cokusa Monday through Friday 9-3 For information,call Gary Dewhirst at 545-8446 and of course would welcome any editing of the proclamation. A representative from AD Care will come to the City Council meeting to answer any questions . You can also call me or Susan Bailey at 466-0538 if you have any questions before the meeting . Sincerely, �^ p David Troxel , MPH Executive Director r MEETING AGENDA DAT 1 //E�8/91 ITEM i ,. B-1 ATASCADERO CITY COUNCIL • MINUTES AUGUST 27, 1991 Mayor Shiers called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Lilley, Borgeson, Nimmo, Dexter and Mayor Shiers Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager;''; Henry Engen, Community Development Director; Art Montandon, City Attorney; Andy Takata, Director of Community Services ; Mark Joseph, Administrative Services Director; Bud McHale, • Police Chief and Mary Redus Gayle, Assistant City Attorney COUNCIL COMMENTS: Councilwoman Borgeson extended congratulations to the Atascadero Fire Department Muster Team for winning first place once again in the annual Fire Department Muster Competition. She also applauded members of the Atascadero Police Department who had participated and secured honors in the 1991 Annual Police Summer Games. COMMUNITY FORUM: Tom Bench, 7503 Carmelita, reported that sometime back he had received a lot line adjustment. He had recently learned, he said, that during this process the Planning Department had made the engineers put "creek reservation" on the map after he himself had already signed it and asked for an explanation. Marj Mackey, 5504-A Tunitas, announced that the Society of Architectural Historians was planning a meeting in Atascadero on October 14, 1991 at 10:00 a.m. as part of a three-day event including lectures and tours. She indicated that the public was invited. CC8/27/91 • Page 1 A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. S.L.O. Area Coordinating Council\North Coastal Transit - Councilwoman Borgeson reported that the Area Council had met on August 14, 1991 and approved three Proposition 116 Bikeway Grant applications; one of which was_ for the E1 Camino Real rehabilitation project. She thanked Greg Luke, Public Works Director, for his efforts in submitting documentation. In addition, she indicated that the Area Council had also urged the Social Services Transportation Units to coordinate; a substantial savings in costs could be saved annually if this is done. Ms. Borgeson announced that she would report on the meeting of the North Coastal Transit at the next Council meeting. 2. Recycling Committee Mayor Shiers reported that the committee had met the previous Thursday and had formed a subcommittee to compile educational video tapes for use by the school district. An entry for Colony Days was also discussed. 3. Economic Opportunity Commission - Councilman Dexter reported that the board had met on Thursday, August 22, 1991 and provided a brief overview of the various service agencies it oversees. He indicated that the Head Start • Program is gearing up for the school year. 4. Traffic Committee - Councilman Dexter reported that the committee had met and would be making recommendations on a few items to the Council soon. 5. Downtown Interim Sign Committee - Councilman Lilley reported that the committee had met with owners of some of the establishments in the downtown and the result would be discussed later in the meeting, under Item #D-3- 6. County Water Advisory Board - Councilwoman Borgeson indicated that the board had adjourned for the summer and meetings would g resume soon. 7. Economic Round Table - The City Manager requested that a special presentation n from the Round Table to the City y Council was to be scheduled for September 24, 1991 at 6:00 p.m. Councilman Lilley added that the committee was looking for some feedback from the Council. s. Colony Roads Committee - The City Manager indicated that a report would be given later in the meeting, under Item CC8/27/91 • Page 2 #C-1. 9. County-wide - y Fee Study Councilman Nimmo reported that the Council had attended a special meeting earlier in the day on the County' s proposed Public Facilities Financing Plan. B. CONSENT CALENDAR: Mayor Shiers read the Consent Calendar as follows: 1. CITY COUNCIL MINUTES - AUGUST 13, 1991 2. CONSOLIDATED TREASURER'S REPORT - JULY, 1991' 3. FINAL PARCEL MAP 13-88, 6325 TECORIDA - Subdivision of 1.42 acres into four parcels containing 0.32, 0.34, 0.52 and 0.23 acres for commercial use (Grinnell/Cuesta Engineering) 4. TIME EXTENSION FOR TENTATIVE PARCEL MAP 04-89, 7445 CORTEZ - Request to allow subdivision of 8.26 acres; into four lots (Larsen/Cuesta Engineering) • 5. TENTATIVE PARCEL MAP 06-91, 6905 ATASCADERO AVE. - Request to create a four-unit residential condominium project (Bough/Boud & Associates, Agent) 6. TENTATIVE TRACT MAP 8-91, 7605 MORRO ROAD - Request to create a commercial condominium project consisting of six airspace units for professional/medical office use (Golden West Devel- opment/Shannon) 7 . RESOLUTION NO. 82-91 - REAPPOINTING (3) MEMBERS TO THE CITY'S RECYCLING COMMITTEE 8. RESOLUTION NO. 83-91 - AUTHORIZING THE CALIFORNIA STATE DE- PARTMENT OF GENERAL SERVICES TO PURCHASE CERTAIN ITEMS ON BEHALF OF THE CITY OF ATASCADERO 9. AWARD OF BID #91-9 FOR PHOTOCOPIER 10. PROPOSED CUSTOMER RELATIONS TRAINING 11. ASSISTANT CITY ATTORNEY DESIGNATION 12. AWARD OF BID #91-11 FOR PURCHASE OF TWO (2) DIAL-A-RIDE BUSES 13. AWARD OF BID #91-12 FOR INTERIOR PAINTING OF 'CITY HALL CC8/27/91 Page 3 Councilwoman Borgeson asked that Item #5 be removed for discussion. The City Manager requested that Item #9 be continued. Councilman Lilley pulled Item #10 for clarification. MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to approve the Consent Calendar with the exception of Items 5, 9 and 10; motion carried unanimously by roll call vote. Re: Item #5. TENTATIVE PARCEL MAP 06-91, 6905 ATASCADERO AVE. - Request to create a four-unit residential condominium project (Bough/Boud & Associates, Agent) Councilwoman Borgeson indicated that the public may wish to speak on this matter and asked the Community Development Director for a report. Mr. Engen presented an overview of the project and reported that the Planning Commission had discussed, at length, possible conversion of a proposed loft into a bedroom. He stated that the Commission had modified Condition of Approval #17 to discourage such conversion. Councilman Nimmo questioned why tree protection measures were being imposed upon specific trees on the site which are not included in the Tree Ordinance' s list of protected trees. Mr. Engen responded that the applicant was planning on saving these trees anyway and • the provision simply guaranteed that they would. Councilman Nimmo disagreed with this condition. Councilwoman Borgeson voiced concern for the possibility of the den being converted into a bedroom and for the protection of the density standard. Mr. Engen reported that the project was not right at density; the venture could consist of five units, he noted, but was being designed for only four. Councilman Lilley indicated that he was impressed and content with the Planning Commission' s decision. The Community Development Director responded to inquiry from Councilman Dexter regarding fencing between the project and the library by explaining that the developer had resolved to go with landscaping to achieve natural screening. Public Comment: Joe Boud, agent for the applicant, described the project design as one for an active, senior lifestyle. He indicated that there was no intention to sneak in a bedroom and that the den was designed to be just a den. Mr. Boud provided additional support for approving the project and responded to direct questions from Council. CC8/27/91 Page 4 Councilwoman Borgeson reported that she had spoken with staff regarding her concerns and asked that standards to ensure against illegal conversions be tightened up. Mr. Engen suggested this as a topic for discussion at a joint session of the City Council and the Planning Commission. Mayor Shiers indicated support for the additional condition imposed by the Planning Commission and for the project as a whole. MOTION: By Councilman Lilley, seconded by Councilman Dexter to approve Tentative Parcel Map 06-91 based on the Findings and subject to the revised Conditions of 'Approval; motion carried 5:0 by roll call vote. Re: Item #10. PROPOSED CUSTOMER RELATIONS TRAINING Councilman Lilley indicated that he wanted more information on this matter. The City Manager explained that the emphasis was to be on public relations and how to deal properly with the public in a courteous, professional manner. He confirmed thatlmembers of staff and the Council could attend. Councilman Dexter and Councilwoman Borgeson voiced support. MOTION: By Councilman Lilley, seconded by Councilman Nimmo to • approve Item #B-10; motion unanimously carried by roll call vote. C. HEARINGS/APPEARANCES: 1. ROAD ABANDONMENT 01-91 - Request to abandon a portion of the Curbaril Avenue right-of-way at 9325 Curbaril Avenue (Gear- hart/Sierra Pacific Engineering) A. Resolution No. 85-91 - Summarily vacating a portion of a road pursuant to Streets & Highways Code; Part 3, Public Streets, Highways & Service Easements Vacation Law; Chap- ter 4, Summary Vacation; 8333 (being a' portion of the Curbaril Ave. right-of-way) Henry Engen provided background and an overview of recommendations made by staff, the Planning Commission and by himself. He explained that the Commission had been concerned about abandoning the street prematurely in view of pending development of the Circulation Element, together with the creation of an additional marginal building site. The City Engineer, he reported, had submitted a memo reflecting his confidence that right-of-way is sufficient to meet any foreseeable widening of the road and added that although he believed the advancing road abandonment to be CCS/27/91 Page 5 appropriate; potential pit subdivision would not be wise. Mr. Engen then responded to questions from Council. He confirmed that the matter did not relate to the legal issues surrounding the "Wells Fargo" roads and that the property was not in a "Cease and Desist" area. He also stated that construction of a bridge on Curbaril over the Salinas River had not been a factor. The Community Development Director added that the total size of the two lots, if merged, would be 14,975 square feet. Public Comments: Eric Greening, 7365 Valle, urged Council to delay making a decision on the abandonment in light of pending decisions on the projected relocation of Highway 41. He stated that Curbaril is still being considered as an alternative and a decision on the road abandonment would be premature until all factors are known. Council discussion followed. Councilman Nimmo and Councilman Lilley indicated support for the Community Development Director' s recommendation. Mayor Shiers commented that he did not see the necessity of abandoning that portion of Curbaril. Councilwoman Borgeson preferred that the matter be continued until after the Circulation Element has been completed and the General Plan updated. Responding to a question from Councilwoman Borgeson, the City Attorney explained that the street vacation procedure set forth in the Streets and Highways Code does not involve property abandonment or compensation for the road abandonment. Councilman Dexter shared concern that a lot might be created without a proper septic system. The Community Development Director indicated that the owner could tear down the present house and have two, separate building lots. He explained that, in his view, the best option would be to erase the lot line. The applicant, he reported, could be required as a condition of the abandonment to merge the two lots into one. Public Comment: Kelly Gearhart, applicant, explained that presently both lots could be built without the abandonment. He stated that he wanted to obtain the land so he could do the lot line adjustment and clarified fled that he did not want to mere the lots. He asserted that he was not going to give up a lot valued at about $75,000 to get a little bit of road abandonment and that if he did not get it, he would still build a house, or tear the existing one down and build two. Either way, he continued, he would develop both lots with or without the abandonment and declared that the Council could not CC8/27/91 Page 6 stop him from building a house. • Councilwoman ci oman Borgeson asked Mr. Gearhart to confirm whether or not he had requested the abandonment. The applicant indicated that he had. Mayor Shiers remarked that the land may be of use to the City in the future. He stated that he did, however, prefer to deal with the matter rather than continue it; other members of Council agreed. MOTION: By Councilman Lilley, seconded by Councilman Nimmo to adopt Resolution No. 85-91 with the pre-condition that the lots are merged before the abandonment is granted; motion carried unanimously by roll call vote. D. REGULAR BUSINESS: 1. ATASCADERO ROADS Before presentation of Item A, Councilwoman Borgeson asked for clarification from the City Manager about the reports scheduled to follow. Mr. Windsor reported that Mary Redus Gayle, Assistant City Attorney, would be giving a status report on her research on Colony Roads. The second item, he explained, was the status report on the ® consultant' s work to date on rural road policies and the third item would be a look at various methods for financing improvement districts. The City Manager indicated that staff was hoping for some comments from Council to learn what particular methods they might support. He also advised that in light of the absence of the Public Works Director, specific roads in the "3-F Meadows" area would not be addressed at this time. A. Colony Roads Ownership - Status Report of Inventory The Assistant City Attorney, using a large, colored map of Atascadero, provided an in-depth report of what she had learned after having examined over 6, 000 deeds. The map illustrated the original subdivisions of Atascadero and Atascadero Colony. She described the various categories of roads illustrated on the map as follows: ( 1) those already in the City street system, (2) roads which City staff have preliminarily determined to be constructed in the very near future, (3) roads which are to be incorporated into the City system in five to ten years, (4 ) privately-owned streets and (5) "paper" roads that appear on subdivision maps prepared by E.G. Lewis which have not been built and may never be constructed. Ms. Gayle gave a historical overview of what happened over the , years after the City' s founder, E.G. Lewis, went 'bankrupt in the late 1920' s. Ms. Gayle explained that Mr. Lewis had sold numerous CC8/27/91 Page 7 lots by land contract sales, a form of financing no longer commonly used, which grants title to the owner only after final payment has • been made. She reported that when Mr. Lewis went bankrupt, a lawsuit was filed by Oscar Willet, an attorney who represented many of those who had purchased their homes from E.G. Lewis and who were concerned for how they would obtain final title to their property. A trust was then set up for which Mr. Willet was the first trustee, she reported. Continuing, Ms. Gayle related how it was that Wells Fargo Bank received its, interests in local roads and riverways. She indicated that Mr. Lewis had executed several notes and deeds of trust to the Anglo-California National Bank and some of them eventually were foreclosed. Many of the deeds granted by Mr. Lewis, his successors or the Bank, she said, had a number of restrictions, including reservation of rights to all title and interest in the roads, mineral rights, groundwater rights, parklands and some river parkways. She advised that through the years successor trustees have been deeding out, at request, right- of-ways; thus creating situations where individual lot owners possess one-half of the road. Ms. Gayle explained that no complete record is available of what the trustees have granted, nor of what Wells Fargo/Crocker National Bank has deeded out. She noted that she hoped to have, by the middle of October, knowledge of which roads have been deeded out and where there is private ownership and dedication is not possible. The Assistant City Attorney revealed a plan that had been worked out during negotiations with the Colony Roads Committee, Wells Fargo Bank and Mr. Gordon Davis, current trustee. This plan, she said, would be to determine who has private title to roads and then go into Court under the existing lawsuit filed over which the Court still has jurisdiction. She continued that a request would be made to the Court to make the City of Atascadero, Wells Fargo Bank and the County, if they chose to, parties or intervenors to that lawsuit. She advised that, under this plan, the City would file petitions for various kinds of declarations from the Court and, using the map again to illustrate, explained in more detail. Ms. Gayle reported that there were additional restrictions applied to the deeds relating to racial discrimination, the sale of alcohol, river and park properties, and mineral and water rights. These, she explained, also needed to be resolved. She added that for clarification purposes, a request would be made to the Court to declare all groundwater rights vested in Atascadero Mutual Water Company. Ms. Gayle predicted that the Court will indicate title to the underlying roads not already deeded out to belong to the adjacent land owners to the middle of the street, subject to the offer of CC8/27/91 Page 8 dedication for public easement over those roads to the City. Once accepted by the City, she added, maintenance would then become the responsibility of the City as well as, quite probably, the liability for road uses. She noted that she would proceed to finalize the title search and explained that the next step would be to meet with the title companies that serve the City of Atascadero to ensure that the proposed solution would clear up title problems for those that own property adjacent, in or near areas being recommended to be dedicated to the City. Once this is done, the attorney reported that she hoped to tour the City with the Public Works Director and engineering staff to ensure that roads marked on the maps are in accordance with those in the field. Ms. Gayle also suggested that a series of informational meetings be set up to give the public an opportunity to ask questions and 'share concerns. Once this input has been received, she proposed, staff would proceed to file pleadings with the Court. Public Comments: George Luna, 10600 San Marcos, asked the Assistant City Attorney to clarify how private wells might be affected by having the Court decide that water rights belong to Atascadero Mutual Water Company. Ms. Gayle advised that it has not yet been determined just how this matter will be presented to the Court; but remarked that she presumed that private wells would be retained by the property owner. Whitey Thorpe, 8025 Santa Ynez, remarked that six or eight years ago, the Water Company gave back to the property owners their water rights as personal property and asserted that this; position should be maintained. Ms. Gayle indicated that there was: no intention to change this condition and clarified that any action would be on water rights held by the trust or Wells Fargo Bank. Mike Sherer, 8405 Alta Vista, asked Ms. Gayle 'how the County Assessor will look at situations where property owners are given back title of land to the center of the road and an easement granted back to the City. She replied that she would be meeting soon with the County Assessor and that, preliminarily, she did not think property tax status would change. Lyle Curry, 9263 Lucinda, questioned whether or not a property owner would be precluded from drilling for water on his own land. The attorney replied that she would not able to answer explicitly until she has met with Atascadero Mutual Water Company. Howard Marohn, 9265 Barrancha Road, asked what factors were used to determine which roads, as outlined on the map, would be brought into the City system immediately and five to ten years down the line. Ms. Gayle reported that City staff had made recommendations • CC8/27/91 Page 9 d ' about which roads the City will want to own based upon how the street will serve circulation of the City, whether they will serve • as connectors between roads necessary to serve people and to a lesser degree the cost of bringing the roads into the system. She emphasized that these decisions will ultimately be decided upon by the City Council. Members of the Council congratulated the efforts of the Assistant City Attorney. Mayor Shiers called a recess at 8:44 p.m. The meeting was reconvened at 9:08 p.m. Mayor Shiers reported that the Assistant City Attorney had requested that Item #D-2 be moved up to allow Ms. Gayle to give her report and then begin her road travel home. By consensus of the Council, the road matter was postponed briefly to allow discussion of Regular Business Item #D-2, as follows: 2. ESTABLISHING NON-PROFIT CORPORATION r Ms. Gayle reported that she would be bringing to Council on the next Consent Calendar a recommendation to adopt a resolution declaring the need for a non-profit corporation for Community Services and authorizing its incorporation as a tax-exempt entity. She explained that she was drafting Articles of Incorporation and • By-laws as well and noted that these would also be presented. No action was taken. Mayor Shiers brought discussion back to agenda Item #D-1-(b) : B. Road Standards Study -Status Report (North Coast Engi- neering) Steve Sylvester, North Coast Engineering, Inc. provided an overview of the Draft Rural Road Policy (on file in the Public Works Department and in the City Clerk' s Office) . He explained that one of the most important goals of the rural road policy was to develop improvement standards sensitive to the unique topography and environment of Atascadero. Mr. Sylvester stated that the document was also intended to establish the format for the development of a complete set of standard specifications and drawings that will govern the design of engineering improvements for future projects in the City. This format, if approved, would then be used for the preparation of other road standards, he added. Council comments followed. Councilman Nimmo commended the consultant for his work and indicated support. Mayor Shiers remarked that he was pleased to see consideration of the City' s CC8/27/91 • Page 10 topography and the flexibility proposed in the standards. By consensus, Council agreed with the format and approved the preparation of other standards for review in ',' sixty days. C. Road Assessment Districts - General Discussion (Willdan Associates) William Stookey, Willdan & Associates, provided an introduction to the variety of options associated with financing assessment districts. He explained that the fundamental theory behind an assessment district is that public improvements for specific properties should be paid for by the property owners that will receive the benefit and not by the general public. He then summarized various legislative acts and their pros and cons. (These included the 1911 and 1913 California Assessment Acts, the Community Facilities District of 1982 (also known as the Mella-Roos Act) , Landscape & Lighting Act of 1972 and the Benefit Assessment Act of 1982. ) He reported that one common restriction of all of the acts he described was that they cannot be based upon property value (advalorem) . He explained that formulas can be tailored to the specific social and economic situation of the area and can be established by a formula based upon a variety of factors, i.e. , per-lot, per-house, front foot, traffic generation basis per parcel, by area. He suggested that whatever formula is used that • it remain simple, noting that land use is updated '�each year. Mr. Stookey advised that this issue can be controversial and that there are many things to consider. He pointed out that many public information meetings are required and necessary before moving forward with an assessment district and added that many of the acts require a majority protest vote to stop it. The consultant then responded to brief questions from Council. Mayor Shiers inquired about special assessment districts. Mr. Stookey remarked that the City Council must make a finding that the benefit of the work or improvements being paid for are of specific benefit to residents in the subject area and not to the general public. He stated that if the improvements are deemed to be of benefit to the entire City, there must be a contribution from the City to offset the costs. Responding to query from Councilman Lilley, Mr. Stookey advised that the City may subsidize any district to any degree that the City Council agrees to, adding that he knew of no limitation as long as there were funds available. He emphasized that law does require, however, the City to contribute towards the cost of any percentage of improvement that is determined to be of benefit to the community as a whole. • CC8/27/91 Page 11 Councilman Nimmo referred to his comment made several weeks earlier that a citywide maintenance assessment district might be a solution and apologized for raising expectations. He stressed that he had not meant that private streets would automatically be brought into the City-maintained system without those streets first being brought up to acceptable standards. Public Comments Eric Greening, 7365 Valle, asked that consideration be given to methods which would provide alternative transportation and urged that a portion of any subsidy be used in ways to benefit the non- driver. Ron Lindsay, 9505 San Gregorio Road, stated that the City had benefitted from roads in the Las Encinas I area and with continued extension they have been major gateways to other developments. He contended that the City has not maintained these roads despite use by heavy vehicles with no load weight restrictions as an entrance into other developments which do have City-accepted and maintained roads. He added that the developer has left the maintenance to the property owners, many of whom were never told that the City did not maintain these roads. He proposed that an assessment district in the Las Encinas I area be formed with the cost to be shared equally by the property owner, the City and the developer. The City, he suggested, would be the contact and control entity with all parties, and property owners would furnish the City with results of research into the history of Las Encinas. He concluded by stating that he and his neighbors strongly believed the proposal to be workable, fair, honorable and equitable. Howard Marohn, 9265 Barrancha Road, shared concern for the health, safety and welfare of residents in the 3-F Meadows area and spoke in support of re-evaluating the 5-Year Capital Improvement Program (CIP) , specifically that portion which designates funds for installing a proposed median strip divider on E1 Camino Real and indicated that he believed there was a greater need to address the City' s private road status. ----End of Public Testimony---- Councilwoman Borgeson expressed disappointment that this agenda item was an informational one, rather than one of action. She asserted that there should have been a public hearing and that written reports should have been prepared to allow the public to be educated on the subject. She reiterated that she wanted to take another look at the CIP and indicated support for Mr. Lindsay's proposal. Mayor Shiers also remarked that he would have liked to have seen CC8/27/91 • Page 12 • written reports to ensure that the public was prepared and informed. He stated that he would like to address the issue of how much the developer should contribute to road improvement costs and what is reasonable for City participation. Councilman Lilley proclaimed that the Council must come to some consensus about whether or not they want to reassess the CIP, whether or not they want to form an assessment district and to what extent they are willing to commit the City to. He added that it must be determined if it is legal to bring in the ',developer after approximately twenty years. Councilman Nimmo indicated that he had no problem with reviewing the CIP, but added that he wanted to be sure that by doing so, no unwarranted expectations would be raised. He continued that he was not prepared to depart from general policy of not extending City funds on privately-owned City streets unless the Circulation Element, when completed, shows some of those ', streets to be necessary arterials. Councilman Dexter expressed support for the concept as suggested by Mr. Lindsay. He explained that he would like to have, in hand, documents with recommendations on various methods of forming an improvement district before making any decisions. ',, • The City Manager advised that should Council wish to take another look at the 5-Year CIP, the matter must be set for public hearing. By consensus, Council directed staff to schedule matters relating to private roads and possible re-evaluation of the 5- Year Capital Improvement Program (CIP) for public hearing. It was noted that these items would be back on September 24, 1991. 3. RESOLUTION NO. 84-91 - WAIVING FEES FOR DOWNTOWN AWNINGS IN- STALLED PURSUANT TO THE "DOWNTOWN SIGN PROGRAM" Henry Engen presented the staff report and recommendation to adopt Resolution No. 84-91. He added that staff was looping for Council support to continue with a pilot program of implementing awnings and signage in the downtown. Councilman Lilley, member of the Downtown Sign Committee, reported that three downtown businesses had already volunteered to participate; they are: Wilkins Printing, Wil-Mar Disposal and American Classics. MOTION: By Councilman Dexter seconded by Councilman Nimmo to adopt Resolution 84-91 waiving fees for installation of Downtown Sign Program awnings and direct staff to work • CC8/27/91 Page 13 with up to five establishments in providing design assistance as a pilot program; motion unanimously carried • by roll call vote. 4. ORDINANCE NO. 226 - AMENDING TITLE 8 OF THE ATASCADERO MUNI. CODE BY THE ADDITION OF CHAPTER 12 RELATIVE TO EARTHQUAKE HAZARD REDUCTION IN EXISTING UNREINFORCED MASONRY BUILDINGS (Recommend motion to waive reading in full and approve on second reading by title only) (Cont'd from 8/13/91) The Community Development Director reported that this ordinance was back for second reading and adoption. There were no questions or comments from Council or the public. MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson to adopt Ordinance No. 226 on second reading by title only; motion carried unanimously by roll call vote. S. ORDINANCE NO. 230 - AMENDING TITLE 11 OF THE ATASCADERO MUNI- CIPAL CODE (SUBDIVISION ORDINANCE) (Recommend motion to waive reading in full and approve on second reading by title only) (Cont'd from 8/13/91) Mr. Engen noted that this ordinance was being presented for second reading and noted that it had been amended to reflect Council direction to not make any changes in Sections 11-8.202 (Lot Dimensions) or 11-8.209 (Flag Lots) . There were no questions or comments. MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to adopt Ordinance No. 230 on second reading by title only; motion passed 5:0. 6. COUNTY WIDE ABANDONED VER!CLE ABATEMENw PROGRAM - Item pulled prior to meeting, but after agenda was prepared. 7 . RESOLUTION NO. 72-91 - AUTHORIZING THE EXECUTION OF AN AGREE- MENT WITH HINDERLITER, DET.T AMAS & ASSOCIATES TO PERFORM SALES TAX REVENUE MONITORING SERVICES Mark Joseph provided an overview of the staff report and recommended adoption of Resolution No. 72-91. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to approve Resolution No. 72-91 authorizing the Mayor to execute an agreement with Hinderliter, DeLlamas & Associates for sales tax auditing and analysis services; motion unanimously carried. CC8/27/91 • Page 14 8• APPEARANCE REVIEW COMMITTEE PROPOSAL Henry Engen reported that the Mayor had requested that Of possibly establishing an Appearance Review Commissionsubject discussed and recommended that consideration of this matter be held concurrent with action on Draft Amended Appearance view Guidelines. This review, added, was scheduled for early 1992. Council agreed to hold the matter over, as recommended. E. INDIVIDUAL DETERMINATION AND OR ACTION: 1. City Council Councilwoman Borgeson reported that she had received correspondence from Supervisor Blakely in which he had sent her a co Executive Summar of Creatin an Ecol o ical LandsGa e: A Pro osal for Enhancin Los An eles ' Urban Forest throu` h Plantings. She stated that this publication would be av -1—ea Bron the Council reading desk. Mayor Shiers appointed Councilman Nimmo as the vot 'l representative at the League of California Cities Conference in October and Councilwoman Borgeson as the alternate. Councilman Nimmo reported that he would be absent 'during the next regular meeting. 2. City Attorney - No further report. 3. City Clerk - No report. 4. City Treasurer - No report. 5. City Manager - No additional report. 6. Community Development Director Mr. Engen suggested Thursday, September 26, for 1991 at 7: 00 p.m. a joint study session with the City Council and the Planning Commission. He asked that the chair of each body submit a suggested list of agenda items. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to adjourn to a closed session for purposes regardof discussion regarding personnel salary negotiations,' and property acquisition status; motion was unanimously approved. CC8/27/91 • Page 15 THE MEETING WAS ADJOURNED TO A CLOSED SESSION AT 10:40 P.M. (Said Closed Session held pursuant to Government Code Sections 54967.6 • and 54956.8) . MINUTE RECORDED AND PREPARED BY: LEE RABOIN, Ci y Clerk CC8/27/91 Page 16 • Meeting pate: 10/8/91 Agenda Item #B-2 ATASCADERO CITY COUNCIL MINUTES SEPTEMBER 10, 1991 Mayor Shiers called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Lilley, Borgeson, Dexter and Mayor Shiers Absent: Councilman Nimmo Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Henry Engen, • Community Development Director; Art Montandon, City Attorney; Greg Luke, Public Works Director; Andy Takata, Director of Community Services; Mark Joseph, Administrative Services Director; and Bud McHale, Police Chief COUNCIL COMMENTS: Councilman Dexter announced that, as a member of the Salvation Army, he had participated in a special "bell-ring" during the past weekend and explained that this additional fund-raising effort was the result of a shortage of funds. He reported that a total of $1, 070. 11 was raised and extended thanks to all those who had donated. Mayor Shiers reported that the City of Atascadero' s Long-Range Fiscal Analysis prepared by the consultant firm of Crawford, Multari & Starr had been selected the winner of the 1991 California Chapter American Planning Association Award of Merit. Mayor Shiers recognized the Mid State Muscle Car ' Club and the Atascadero Rangers 4-H Club for fund-raising efforts on behalf of the Lake Park Pavilion. Representatives from both groups presented checks to the Mayor and posed for press photos. CC9/10/91 • Page 1 CERTIFICATES OF APPRECIATION: Mayor Shiers presented Certificates of Appreciation to members of the Atascadero Police Department who had participated in the 1991 Annual California Police Summer Games. Present to accept were Sergeant Mario Perez and School Resource Officer Carole Robinson. (Not present: Sergeant John Couch, Agent W. Bryan Berry and Sergeant Jeff Fredericks) . In addition, the mayor also presented Certificates of Appreciation to the members of the Atascadero Fire Department Muster Team who took, once again, first place during the California Fire Department Muster Competition. Acting Chief, Mike McCain, introduced the team, as follows: Bill Rey, Bob Beach, Art Munoz, David Payton, Steve Knuckles, Rod Landis, Ross Rougeot and Robert Farino. _ PROCLAMATIONS: Mayor Shiers read the proclamation, declaring September 1991 as "U.S. Constitution Observance Month" and presented it to Mr. William Berry, member of the Atascadero Masonic Temple No. 493. The mayor then read the proclamation for "Ridesharing Week", September 23-27, 1991. Additionally, Mayor Shiers read the proclamation for "Good Neighbor Months" - September, October, November and December 1991 and • presented it to Mr. Bill Safarjan. COMMUNITY FORUM: Lindsey Hampton, 8402 Alta Vista, announced a fund-raiser for the Atascadero Zoological Society. She stated that the "Grand Safari Mystery Party" was being held on September 21, 1991 from 5:30 to 8:00 p.m. at the Charles Paddock Zoo and extended an invitation to all. STATUS REPORT: Cuesta College North County Site Selection Commit- tee - Henry Engen Mr. Engen reported that the Site Selection Committee had met on August 29, 1991 and considered criteria for the ideal zone for the property and explained that there is a very tight target area running south of Paso Robles to northern Atascadero. He stated that there was discussion of reducing the proposed site size from 100 to 125 acres for the campus and the main action taken was to include, as a secondary ideal zone, the urban reserve areas of Paso Robles, Templeton and Atascadero; with the exception of the area around the Paso Robles Airport. Mr. Engen also reported that nine candidate sites have been submitted by individuals to the Vice- CC9/10/91 Page 2 President of Cuesta College and explained that these were not disclosed. The committee, he announced, would meet again on October 3, 1991. A. COMMITTEE REPORTS (The following represents ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. Recycling Committee - Mayor Shiers reported that the committee would meet again on Thursday, September 12, 1991 at 5:00 p.m. in the Club Room. 2. Economic Opportunity Commission - Councilman Dexter reported that the next meeting would be on September 19, 1991. 3. Traffic Committee - Councilman Dexter reported that the next meeting would be on September 19, 19`91 at 3:30 p.m. in Room 308, City Hall. 4. Downtown Interim Sign Committee - Councilman Lilley reported that awnings would soon be installed at two local businesses in the downtown. He added that Bob Malone, Assistant Planner, had begun designs for street signs. 5. County Water Advisory Board - Councilwoman Borgeson reported that the board had met on September 3, 1991, but that she had been on vacation. She stated that the board had formulated opinions on "State Water" and forwarded them to the County Board of Supervisors. ' 6. Economic Round Table - The City Manager indicated that the Round Table had asked that they be given an opportunity to present a report on Tuesday, September 24, 1991 at 6:00 p.m. (See Item #D-7) . B. CONSENT CALENDAR: Mayor Shiers read the Consent Calendar as follows: ' 1. FINAL PARCEL MAP 3-89, 4200 OBISPO ROAD - Acceptance of final Parcel Map dividing 6.2 acres into two lots of 3. 1 acres each (VonDollen/Volbrecht Surveys) 2. FINAL PARCEL MAP 26-89, 7955 SINALOA - Creation of a four lot residential subdivision (Voorhis/Volbrecht Surveys) 3. AWARD OF BID NO. 91-9 FOR PHOTOCOPIER (Cont'd ' from 8/27/91) CC9/10/91 • Page 3 4. RESOLUTION NO. 88-91 - DESIGNATING THE CARLTON HOTEL AS A LOCAL HISTORIC BUILDING • 5. RESOLUTION NO. 87-91 - SETTING A 15-MILE PER HOUR SPEED LIMIT ON LAKEVIEW DRIVE 6. RESOLUTION NO. 89-91 - DECLARING THE NEED FOR A NON-PROFIT CORPORATION FOR COMMUNITY SERVICES AND AUTHORIZING ITS INCOR- PORATION AS A TAX-EXEMPT ENTITY Councilwoman Borgeson pulled Items B-3 and B-4. MOTION: By Councilman Lilley, seconded by Councilman Dexter to approve Consent Calendar Items B-1, 2, 5 & 6; motion unanimously passed 4: 0. Re: Item #B-3. AWARD OF BID NO. 91-9 FOR PHOTOCOPIER Councilwoman Borgeson explained that she had pulled this matter because she had concerns relating to bid specifications for the photocopier. She indicated that a new machine was asked for and yet a reconditioned machine had been accepted. Mark Joseph presented the staff report and provided the basis for accepting Eastman Kodak's bid. He noted that a representative from the company was present and available for questions. . Public Comments: Tito Molfino, Manager of More Office Systems, appealed to the CO and voiced objection to awarding the copier bid to Eastman Kodak Company. He stated that he was a resident of the City of Atascadero and explained that his firm was a locally run and operated business. Mr. Molfino provided the Council with an in- depth report on why his firm should be awarded the bid. Greg Swanson, Eastman Kodak representative, explained the basis for the bid submitted and noted that remanufactured machines are marketed exclusively to State and local government accounts due to overall budget constraints often experienced by these entities. He reported that all parts are new and that the company guarantees the machine for seven years. He added that his company would also guarantee a four-hour response time for service and emphasized that no other bidder could make that statement. Additional discussion followed. Mark Joseph responded to questions from Councilwoman Borgeson regarding enlargement procedures. Members of the Council shared concern for the integrity of bid specifications released by the City and Councilman CC9/10/91 Page 4 • • Lilley suggested that perhaps the City should go out to bid again with a new set of bid specifications. MOTION. By Councilman Dexter, seconded by Councilman Lilley to, at the request of the Finance Director, award the bid to purchase a photocopier to Eastman Kodak for the net price of $14,494.93. Discussion of the motion: Mayor Shiers pointed out that two of the thirteen who had submitted proposals have now had another chance to respond. He remarked that this provided them with an unfair advantage and suggested that the matter be re-bid. Councilwoman Borgeson agreed. Councilmembers Dexter and Lilley also indicated support and mutually withdrew the motion. MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson to reject all bids and put the matter back out to bid with specifications that are in fact what the City requires of this particular piece of equipment and to urge staff to expedite that preference; ;motion carried 4:0 by roll call vote. Re: Item #B-4. RESOLUTION NO. 88-91 - DESIGNATING THE CARLTON HOTEL AS A LOCAL HISTORIC BUILDING • As a related matter, Councilwoman Borgeson asked: the Community Development Director to clarify building code requirements associated with a building of historic significance. Mr. Engen explained that the Building Code allows the building official more latitude in interpreting the code, especially on routine matters. He emphasized that this discretion is not allowed in areas where public safety is concerned. Mayor Shiers pointed out that there are apartments on the second level of the building and voiced concern for the safety of the residents. Mr. Engen reported that plans for structural reinforcement have been submitted which include firesprinklers and other basic safety needs. He reiterated that the motivation was strictly to provide proper latitude in protecting the historic nature without compromising public safety and pointed out that there are other hotels in the State that are on the historic registry. The City Manager advised that proposed Resolution No. 88-91 should be amended by changing the year the building was constructed from 1930 to 1929. CC9/10/91 • Page 5 PublicComment: Bob Fielding, 7500 Santa Cruz Road and former Chief Building Official, reported that he was representing the owner and was available for questions. He stated that the State Historic Code overrules the Building Code and pointed out that the City retains authority over what is built. He indicated that he, personally, would not be involved with the project if it were not a good one. Councilwoman Borgeson remarked that she felt better knowing of his participation in the proposed development. MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson to adopt Resolution No. 88-91, as amended, designating the Carlton Hotel as an historic building; motion carried 4: 0 by roll call vote. C. HEARINGSIAPPEARANCES: None D. REGULAR BUSINESS: 1. SKATEBOARDING REGULATIONS Andy Takata reported that the Parks & Recreation Commission had recommended that staff be directed to place proposed Ordinance No. 223 on a future City Council agenda for action. In addition, he pointed out that the 5-Year Capital Improvement Plan (CIP) did not include a skateboarding park. He indicated that staff was looking for direction on the matter. Mayor Shiers noted that the proposed ordinance prohibits skateboarding in commercial zones. Mr. Takata remarked that most residential areas in the community do not have sidewalks. Public Comments: Eric Greening, 7365 Valle, compared the dangers associated with riding a skateboard and those relating to automobile driving. He stated that he utterly opposed banning skateboarding because it is a non-polluting form of transportation. He recognized that there has been some property damage due to misuse of the skateboard and suggested that skaters be given acceptable guidelines to follow. In addition, Mr. Greening wondered when the City was going to get serious about vehicle use in the creeks and on Pine Mountain. Doug Lewis, 5589 Tunitas, asked how the City expects to handle those who ride on "roller blades" . CC9/1O/91 Page 6 • . Mary Manry, owner of JP's Skate Shop located at 6450 El Camino Real, remarked that she had not been aware that the Council had not voted for a skateboard facility. She indicated that the matter should be put to a vote by the people and suggested a community fund-raising effort might assist with the money needed to construct a skate park. Ms. Manry objected to the proposed ordinance forbidding skateboarding in commercial areas and pointed out that skateboards are used by many as transportation. She stated that signs should be posted to give clear direction to skaters where skateboards are not allowed and stressed the importance of using consistent re' . enforcement. Closing, she reiterated. the need for skate park and suggested a site near the California National Guard Armory building (located on the corner of Traffic Way and Olmeda) . Andrea Schulte, Parks & Recreation Commissioner, emphasized that destruction of property and harassment- of pedestrians does occur. She explained that the Commission recommended the (adoption of an ordinance regulating skateboarding because of the many complaints received from the public and reported that alternatives for a skateboard park had been considered, but costs for liability insurance was found to be astronomical. ----End of Public Testimony---- Council discussion followed. Councilwoman Borgeson objected to the regulation because it discriminated against skateboarders and • suggested that the City focus on a small skate park (rather than a larger facility) ; one more economically constructed and insured. Councilman Lilley asserted that there is not one publicly-owned, insured skate park in the State. He stated that the City would be taking on a tremendous risk by creating a facility of this nature. Councilman Dexter shared concern for downtown merchants who have experienced damage to their property and supported the concept of regulating skateboarding to protect the general public. MOTION: By Councilman Dexter to set for public hearing City Council action on Ordinance No. 223 Regulations for Skateboarding, Councilman Lilley seconded the motion. Discussion of the motion: Mayor Shiers asked the Police Chief to comment on the proposed ordinance. Chief'; McHale stated that he supported the recommendation of the Parks & Recreation Commission, emphasizing that the City must react to occurrences and protect the public. He stated that downtown public streets and parking lots are not appropriate for skateboarding. In addition, the Police Chief commented that skateboarders should observe the rules of the road, just like bicyclists. CC9/10/91 Page 7 Mayor Shiers remarked that he could not support the proposed • ordinance and felt it would be difficult to enforce. Councilwoman Borgeson concurred and stated that she believed the ordinance would curtail rights. Councilman Lilley favored regulation in commercial areas to protect all concerned. Mayor Shiers indicated that he believe the proposed ordinance was more restrictive to skateboarders than to bicycle riders. Councilman Dexter suggested that by giving staff direction to bring the matter back to public hearing, it would present an opportunity to review and revise the language of the regulations. Vote on the motion: Motion to set a public hearing for Council action on Ordinance No. 223, as recommended by the Parks & Recreation Commission was voted upon: Councilmembers Dexter and Lilley voted in favor; Councilwoman Borgeson and Mayor Shiers voted in opposition = 2:2, no action was taken. 2. PAVILION CHANGE ORDERS (A) Additional cost related to installing ducting for the air conditioning and hearing system. (B) Approximate 30 day delay due to HVAC (heating, ventilation, air conditioning) design modifications. The City Manager introduced the matter and asked that a third item • for discussion be added; that being material for the Pavilion roof. He also pointed out that a closed session of the City Council may be necessary if the discussion moves to areas of potential litigation. Discussion regarding the roof followed. Greg Luke, Public Works Director, provided the background p g and and staff report. He stated that the original plan called for a simulated wood shake composition shingle (Cal-Shake) , but on May 28, 1991, the City Council had approved Change Order #1 substituting this roofing material with asphalt roof shingles. Mr. Luke explained that members of the Friends of the Lake Pavilion were opposed to this form of roofing material and were recommending a metal roof alternative. Council questions followed regarding the suggested roofing material and construction delays the City was already facing. Mr. Luke indicated that it would take approximately 30 days to manufacture a metal roof for the Pavilion. Public Comments: Sarah Gronstrand, Co-Chairperson for the Friends of the Lake CC9/10/91 Page 8 i • Pavilion, pointed out that it had already been determined that there would be a one-month delay and appealed to the Council to give the Pavilion a more elegant roof than one consisting of asphalt roofing material. She stated the Pavilion committee had been in support of going back to the original "Cal-Shake", but was told that it would now cost much more than the original bid and that the simulated wood shingles may not hold up to freezing temperatures anyway. Ms. Gronstrand explained that the committee was now asking the Council to consider a metal roof similar to what is on Dr. Robert Cheung's building located at 7548 Morro Road, in Atascadero. Lon Allan, member of the Friends of the Lake Pavilion, explained that the committee' s intention was not an 1111th-hour," request, but one that had begun three months earlier. He indicated that the committee was willing to pay for the difference, adding that composition shingles would not be suitable on the Pavilion. Barbara Butz, member of the Friends of the Lake Pavilion, also expressed support for upgrading the roofing materials. The City Treasurer mentioned that noise may be a factor if a metal roof is used. ----End of Public Testimony---- Brief Council discussion followed and individual comments were in support of the alternative suggested by the Friends of the Lake Pavilion committee members. The Public Works Director reported that staff has been diligently trying to get back the original price on the "Cal-Shake" and assured Council that staff would ensure that any potential alternative selected would meet all criteria for fire retardation, freeze-resistence, insulation, etc. He estimated that the process would take approximately 30 days; but added that he could not guarantee it. By Council consensus, staff was directed to expediently proceed with an appropriate metal roof for the Lake Park Pavilion. Discussion then continued regarding Items (A) and (B) concerning change orders on the Pavilion. Councilman Lilley painted out that the contractor has not formally presented change orders. Greg Luke explained that the changes are necessary and reported that the City is moving forward to make them despite the fact that it is functioning under "disputed work" (work being completed without settlement of cost having been reached) . CC9/1O/91 • Page 9 The City Attorney advised the Council that the statute of limitations for breach of contract is four years. He said that there was no need to act immediately and suggested that if it's the consensus of the Council, staff can monitor the situation and make a recommendation at the end of the contract term. He added that by the time the notice of completion is filed, staff will know what' damages there are, if any. Andy Takata, responding to Council comment, noted that the Community Services Department is currently booking reservations for the Pavilion, but without guarantee. There was consensus among the Council to hold action on Items #D-1 and #D-2. 3. REVISION TO WASTEWATER TREATMENT PLANT BUDGET Greg Luke presented the staff report and recommendation to approve revision of the Wastewater Divisions 1991-92 budget to reflect the addition of capital projects scheduled for this fiscal year as part of the Wastewater Division' s 5-Year Facilities Improvement Plan. He explained that this would allow the department to bring forward some projects slated for the next fiscal year so that they may be completed during the current year. The Public Works Director requested that improvements to Cease and Desist Area "F" be deleted from the list of recommended projects outlined in the agenda packet. • Mr. Luke also pointed out that although there were no other anticipated changes in the budget, there was a need to do a revenue study and suggested that this might be done in four or five years. MOTION: By Councilwoman Borgeson and seconded by Councilman Dexter to approve revision of the Wastewater Divisions 1991-92 budget as recommended, deleting Item A; carried 4: 0 by roll call vote. 4. PROPOSED REVISION OF STATE SENATE AND CONGRESSIONAL DISTRICTS Mr. Windsor reported that the San Luis Obispo Area Coordinating Council has asked that each community in the county, along with the County Board of Supervisors, contact legislative leaders urging that our county be included in the coastal-oriented senate and congressional districts. Councilwoman Borgeson added that the Area Council supports the inclusion of common geographic interests as a factor and believes that San Luis Obispo County is more like Monterey County than it is like the southern part of the State. By consensus, the City Manager was directed to draft a letter of support for the mayor's signature. CC9/10/91 Page 10 • • Public Comment: Eric Greening asked if there was any contingency plan for if the drawing of the district is moved out of the legislature and if so, would the City have any influence. Councilwoman Borgeson indicated that she believed it would be a legislative action. 5. AMENDMENT ADDING THE POST-RETIREMENT SURVIVOR BENEFIT TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) CONTRACT A. Ordinance No. 231 - Authorizing an amendment to the con- tract between the City of Atascadero and the Board of Administration of the California Public Employees Retire- ment System (Recommend motion to waive reading in full and approve on first reading by title only) B. Resolution No. 86-91 - Approving an amendment to the con- tract between the City of Atascadero and the Board of Administration of the Public Employees Retirement System The City Manager reported that Council had already ,agreed to this provision by past commitment in a memorandum of understanding two years ago. He indicated that this was a perfunctory act and one which would classically appear under the Consent Calendar, but given the necessity of adopting the amendment by ordinance, it had appeared under Regular. Business. MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to waive the reading in full and approveOrdinance No. 231 by title only; motion passed unanimously. MOTION: By Councilman Dexter, seconded by Councilman Lilley to adopt Ordinance No. 231 on first reading; motion carried 4:0. MOTION: By Councilwoman Borgeson, seconded by Mayor Shiers to approve Resolution No. 86-91 approving an amendment to the contract between the City of Atascadero and the Board Administration of the Public Employees Retirement System; motion carried 4:0. 6. JOINT PLANNING COMMISSIONICITY COUNCIL STUDY SESSION - Con- sideration of setting date for a joint study session. Henry Engen reported it would be necessary to change the date tentatively set for the joint session (Thursday, ' September 26, 1991) because the Atascadero Mutual Water Company would be holding a meeting on that date in the Council chambers. He suggested dates of Thursday, October 10 or Tuesday, October 26. • CC9/10/91 Page 11 On consensus, Council agreed to meet in a joint session with the Planning Commission on Thursday, October 10, 1991 at 7:00 p.m. 7. ECONOMIC ROUND TABLE REPORT - Confirmation of date and time. Mr. Windsor noted that the Economic Round Table had requested a time for presenting to the Council a status report and indicated that this had been scheduled for 6:00 p.m. on the evening of Tuesday, September 24; just prior to the regular meeting. Council agreed to this time and date. Councilwoman Borgeson asked whether this committee was to continue on with staff involvement or would, at some point, be taken over by the Chamber of Commerce. Micki Korba, City Treasurer and member of the Round Table, remarked that the purpose and charge of the Round Table was more extensive than what the Chamber of Commerce does. Mayor Shiers shared concern for the use of City staff time on the committee. Councilman Lilley suggested that it would be appropriate to wait for the committee's report before discussing the matter further. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilman Dexter announced that he would be out of town during the • second meeting in October. 2. City Attorney Art Montandon reported that he would be speaking on conflict of interest and other related matters during the League of California Cities Annual Conference during the week of October 13-16. 3. City Clerk - No report. 4. City Treasurer - No report. 5. ' City Manager Mr. Windsor reminded the Council to submit their requests for hotel accommodations. He also noted that there would be no need for a closed session. THE MEETING WAS ADJOURNED AT 10:33 P.M. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, SEPTEMBER 24, 1991 AT 6:00 P.M. TO RECEIVE A PRESENTATION FROM THE ECONOMIC ROUND TABLE. THE CITY COUNCIL'S REGULAR SESSION WILL BE CALLED TO ORDER AT 7:00 P.M. CC9/10/91 Page 12 MINUTES RECORDED AND PREPARED BY: • ZEE RABOIN, City Clerk CC9/10/91 • Page 13 REPORT TO CITY COUNCIL Meeting Date: 10-8-91 • CITY OF ATASCADERO Agendas Item: B-3 Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Worksck_ SUBJECT: Establishment of No Parking zone on El Camino Real along the frontage of Henry's Video. RECOMMENDATION: Itis the recommendation of the Traffic Committee that Council adopt Resolution No. 97-91 making the modifications as described on the attached resolution. DISCUSSION• The intersection of E1 Camino Real and San Anselmo (east) is an extremely busy location. When attempting to pull out of San Anselmo onto E1 Camino Real sight is blocked by vehicles parking in front of the video store. More than adequate on-site parking has been provided for this business and the elimination of the on-street parking will not have an adverse impact on this business. OPTIONS: 1) Adopt Resolution No. 97-91 2) Deny Resolution No. 97-91 3) Return item to .Traffic Committee for further review FISCAL IMPACT• The cost of these modifications will be approximately $100.00 to be paid out of currently budgeted funds. RESOLUTION NO. 97-91 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING A NO PARKING ZONE ON EL CAMINO REAL WHEREAS, Section 4-2. 1101 et sequence of the Atascadero Municipal Code allows the City Traffic Engineer to designate No Parking areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Traffic Committee has studied the traffic problems at this location and has determined that establishing a No Parking zone along E1 Camino Real in the area designated on Exhibit "A" will alleviate a hazardous traffic condition. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings as indicated above. On motion by ,and seconded by , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES. ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO LEE RABOIN, City Clerk ALDEN SHIERS, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: GREG LUKE, Director of Public Works • � l m o A � All r SAN AN5FLMO �f REPORT TO CITY COUNCIL Meeting Date: 10-8-91 CITY OF ATABCADERO Agenda Item: B-4 Through: Ray Windsor, City Manager 1 From: Greg Luke, Director of Public Works�L SUBJECT: Establishment of 2 Hour Parking on E1 Camino Real from the southerly boundary of Atascadero Ford to the northerly boundary of the adjacent condominium complex. RECOMMENDATION• The Traffic Committee recommends that Council adopt the attached resolution limiting parking at this location. (Resolution No. 98-91) BACKGROUND: This request was initiated by the owner of Atascadero Ford who has been experiencing problems providing adequate customer parking. The vehicles currently parking on E1 Camino Real appear to be employees of surrounding businesses. DISCUSSION• Establishing this 2-Hour Parking zone would provide- consistency rovideconsistency with the other on-street parking in the area. With this modification 2-Hour parking would be the rule from San Anselmo (west) to the north boundary of the Chapel of the noses. (Excepting the unimproved area south of Colony Inn) OPTIONS• 1) Adopt Resolution No. 98-91 2) Deny Resolution No. 98-91 3) Return item to Traffic Committee for further review. FISCAL IMPACT• The cost of this modification will be approximately $50.00 to be paid out of current budgeted funds. • RESOLUTION NO. 98-91 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO MODIFYING PARKING REGULATIONS ON EL CAMINO REAL FROM THE SOUTH BOUNDARY OF ATASCADERO FORD TO THE NORTH BOUNDARY OF THE CONDOMINIUM COMPLEX WHEREAS, Section 4-2. 1301 et. sequence of the Atascadero Municipal Code allows the City Traffic Engineer to designate limited time parking areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, Section 4-2. 1101 et. sequence of the Atascadero Municipal Code allows the City Traffic Engineer to designate No Parking areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Traffic Committee has studied the traffic problems at this location and have determined modifications to the parking regulations are appropriate. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings as on Attachment "A". • On Motion by Councilman , and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT• ADOPTED: ATTEST: CITY OF ATASCADERO LEE DAYKA, City Clerk ROBERT B. LILLEY, Mayor • Resolution No. 98-91 page two APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: GREG LUKE Director of Public Works Y City Engineer • 1 �G Q 1 r Q cew �u < C oC v z cn a � < Q O Qj V Z Q O • • REPORT TO CITY COUNCIL _ Meet,ing Date: 10-8-91 CITY OF ATASCADERO Agenda Item• B-5 Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Workts� SUBJECT Establishment of Stop intersections. RECOMMENDATION The Traffic Committee recommends that Council adopt Resolution No. 99-91 establishing a stop intersection on Ardilla Road at the intersection with Portola Road. DISCUSSION At this location Portola Road intersects with Ardilla Road in • a "T" configuration. It is at this point that Ardilla becomes an unimproved street and the intersection is essentially a 90 degree curve. The conflict arises when vehicles from the unimproved portion of Ardilla Road attempt to access either Portola or the improved section of Ardilla road at this sharp curve. It is the recommendation of the Traffic Committee that by placing stop signs for traffic entering at this point that safety will be improved. OPTIONS 1) Approve Resolution No. 99-91 2) Deny Resolution No. 99-91 3) Return to Traffic Committee for further consideration. FISCAL IMPACT The cost of this installation is estimated to be approximately $100. 00 to be paid out of current fiscal year budgeted funds. • RESOLUTION NO. 99-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO • DESIGNATING A STOP INTERSECTION ON ARDILLA ROAD AT PORTOLA ROAD WHEREAS, Section 4-2.801 et seq. of the Atascadero Municipal Code allows the City Traffic Engineer to determine the location of STOP intersections, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, the Atascadero Traffic committee has recommended that establishing a STOP intersection on Ardilla Road at both intersections with Portola Road will improve a potentially hazardous traffic situation. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings indicating STOP intersections at the locations listed above. On motion by Councilmember and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll all vote: AYES: NOES: • ABSENT: ADOPTED: ATTEST: LEE RABOIN, City Clerk ALDEN SHIERS, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: GREG LUKE Director of Public Works City Engineer • Q J J O Q c i -� Pa RTO LA STOP • • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-6 Through: Ray Windsor, City Manager Meeting Date: 10/8/91 File No: TPM 07-89 Via: Henry Engen, Community Development Director From: Steven L. DeCamp, City Planner'40 SUBJECT: Acceptance of final Parcel Map 07-89 (subdivision of 7. 00 acres into four lots of 1. 55, 1. 60, 1. 65, and 2. 20 acres each) at 7000 San Palo Road - Thomas McNamara (Cuesta Engineering) RECOMMENDATION: Accept final Parcel Map 07-89. • BACKGROUND: On November 28, 1989, the City Council tentatively approved this map, subject to certain conditions and in concurrence with the recommendation of the Planning Commission. All conditions of approval have now been complied with by the applicant. HE:ps cc: Thomas McNamara Cuesta Engineering • 1 in 1AF�r�I�� �jil ► 111 4p, MR MI MEN Evil -if see MEETING AGENDA DATE in/f ITEM# R-7- QUARTERLY - QUARTERLY RISK MANAGEMENT REPORT 0 QUARTER ENDING SEPTEMBER 30, 1991 THIS ALL ACTIVE CLAIMS BY STATUS: OTR. CLAIMS 1. Claims Received/Outstanding 7 31 2. Claims Under Review/Investigation 3 4 3. Claims Rejected/Pending 0 9 4. Claims in Litigation 0 6 5. Claims Rejected/Expired 0 5 6. Claims Settled 4 7 7. Claims Outstanding - 9/30/91 3 19 CLAIMS BY AMOUNT REQUESTED: 1. Unspecified 2 10 2. Up to $1,000 5 13 3. $1, 001 - $10,000 0 1 4. $10,001-$50,000 0 2 5. Over $50,000 0 5 TOTAL 7 31 IMS BY ALLEGED CAUSATION: Streets 2 14 2. Police 0 6 3. Parks and Recreation 4 7 4. Other 1 4 TOTAL - 7 31 NOTES/COMMENTS: 1. Losses Paid Out $1,039 $1,769.44 Prepared By Date a:quartrpt • REPORT TO CITY COUNCIL CITY OF ATASCADERO AGENDA ITEM: C-1 Through: Ray Windsor, City Manager Mtg. Date: 10/08/91 Via: Henry Engen, Community Dev. Director File No: TPM 07-91 From: Steven L. DeCamp, City Planner,#O SUBJECT: Appeal by Don Plotkin, applicant, of certain Conditions of Approval imposed for Tentative Parcel Map 07-91 (request for division of one acres into two parcels, each with a net area of approximately 21, 500 square feet) at 9120 Atascadero Avenue. Specifically, the applicant is appealing Conditions #1 and #8. Condition #1 requiids the removal of a barn prior to the recordation of the final map. This barn would become a "noncon- forming" use pursuant to Section 9-6 . 102 of the Zoning Ordinance if allowed to remain after creation of the new lot. ' Condition #8 requires a contribution to the in-lieu sidewalk fund • to pay the applicant' s fair share of the cost of ''a walk-to-school path along Atascadero Avenue. RECOMMENDATION Deny the appeal and approve Tentative Parcel Map 07-91 per the Planning Commission' s recommendation. BACKGROUND: On September 3, 1991, the Planning Commission conducted a public hearing on the above subject. On a 4: 0: 3 vote (Commissioners Kudlac, Waage, and Hanauer absent) , the Commission recommended approval of the parcel map request based on the Findings and subject to the Conditions of Approval contained in the staff report. There was discussion and public testimony as evidenced in the attached minutes excerpt. :ps Attachments: Staff Report - September 3, 1991 Letters of Appeal - September 10 & '26, 1991 Minutes Excerpt - September 3, 1991 cc: Don Plotkin Twin Cities Engineering CITY OF ATASCADERO Item: B . 3 is STAFF REPORT FOR: Planning Commission Meeting Date: September 3, 1991 BY: Gary V. Kaiser, Assistant Planner 6�- File No: TPM #07-91 SUBJECT: Consideration of a tentative parcel map application to divide an existing parcel of approximately one acre into two (2) parcels, each having a net area of approximately 21,500 square feet. RECOW1ENDATION: Staff recommends approval of Tentative Parcel Map #07-91 based on the Findings contained in Attachment E and the Conditions of Approval contained in Attachment F. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Don Plotkin • 2. Representative. . . . . . . . . . . . . . . . . . . .Twin Cities Engineering 3. Project Address. . . . . . . . . . . . . . . . . . . .9120 Atascadero Avenue 4. Legal Description. . . . . . . . . . . .Parcel 1 of PM No. CO 75-291 5. Site Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 acres (Gross) 0.99 acres (Net) 6. Zoning. . . . . . . . . . . . . . . . . .RSF-X (Residential Single Family) 7. General Plan Designation. . .Moderate Density Single Family 8. Existing Use. . . . . . . . . . . . . . . . . . . 1 SFR/accessory structures 9. Environmental Status. . . . . . . . . .Negative Declaration posted August 13, 1991 B. ANALYSIS: The applicant requests approval of a tentative parcel map application to divide an existing one-acre lot into two (2) parcels, each approximately 1/2 acre in size. The project site lies on the west side of Atascadero Avenue, between Santa Rosa and Portola Roads (9120 Atascadero Avenue) . • Minimum Lot Size • As noted above the project site is presently zoned RSF-X. The minimum lot size in the RSF-X zone is 20,000 square feet (net) when sewer is available, and one-half acre (net) where sewer is not available (Zoning Ordinance Section 9-3. 154) . Sewer services are available to the project site. Because net area must be used in determining minimum lot size, any land areas to be offered for dedication for right-of-way purposes must be subtracted from the gross area. The City Public Works Department has recommended that the applicant be required to offer to dedicate all portions of the subject site lying within thirty (30) feet of the centerline of the Atascadero Avenue right-of-way. Assuming the applicant is required to dedicate such a 5-foot strip, the net area of proposed Parcels A and B would be 21,497 square feet and 21,474 square feet, respectively. The 20,000 square -foot minimum lot size per the zoning, therefore, would be met. Existing Structures There is an existing single-family residence and several accessory buildings on the site. All existing structures are proposed to be removed, except the residence on proposed Parcel B and the barn on proposed Parcel A. Because the barn would no longer be accessory ® to a residence on the same property, it would become a non- conforming use. The General Plan states that "non-conforming uses located in residential areas shall be relocated (page 58) . " Therefore, rather than create such a non-conforming situation, and to execute explicit General Plan policies, staff recommends the applicant also be required to remove the barn. Review of Other Agencies All comments and/or recommended conditions of approval received from other City departments and outside agencies have either been incorporated into the project or are reflected in the attached conditions of approval. In reading through the conditions of approval, it should be kept in mind that the General Plan states " . . . among the essential features that the community wishes to preserve are. . .ample road walkways, horse trails and bikeways without curbs and sidewalks. . . (page 5) . " Rather than require the construction of curb, gutter and sidewalk, therefore, the City Public Works Department has recommended the applicant pay a fee of $25. 00 per lineal foot of street frontage into the City' s in lieu sidewalk fund. CONCLUSIONS: The proposed subdivision, with the attached conditions of approval, would be consistent with the character of the neighborhood and • would comply with all applicable provisions contained within the 2 General Plan and Atascadero Municipal Code. • ATTACHMENTS: Attachment A - Location Map - Zoning Attachment B - Location Map - General Plan Attachment C - Tentative Parcel Map Attachment D - Negative Declaration Attachment E - Findings for Approval Attachment F - Conditions of Approval TPM-07-91.sr i 3 R t II�I�� ATTACHMENT B CITY OF ATASCADERO Location Map (Gen. Plar COMMUNITY DEVELOPMENT TPM #07-91 :a DEPARTMENT . i �.4 o RET. o iL �Y C OM.,• ' Z !ko DHSS, 'r FA ! AI-No � COM. p `�J -�: ,L. d9 Aovs - Ois r t 044�� �- OE [11 SINOL .,FA Jl SITE pVSLI VE u w iEW 1 + vsE�i.I10 Pit HIGH ITY E MIL 1i ' V. ATTACHMENT C ab✓ • CITY OF ATASCADERO Tentative Parcel Map TPM #07-91 �SrC��tlO � 1� irir-� COMMUNITY DEVELOPMENT • ;� DEPARTMENT o rn lla, �a A 3 - w49 z -w yap �ea� c . � .m,1 a� gg. a •ss-ss ;�� W � u�u M ' . • 1 � q RO q�— � I Ct Z3 4 dd Id c •Irk \ :it � •—lar�--. Q. � ATTACHMENT D CITY OF ATASCADERO Negative Declaration TPM #07-91 COMMUNITY DEVELOPMENT DEPARTMENT *- 7 CITY OE ATASCADERO EIVvIRONMENTAL COORDINATOR 7] NEGATIVE DECLARATION COWAUNM DEVELOPMEM'DEPT, 6500 P.'L.'-:.".A AVE. ATASCADERO, CA 93422 (805)461-5035 APPLICANT: Dor4 PL -' K%t,4 3 S So EL GAtAi iv o t2. PROJECT TITLE: PROJECT LOCATION: PROJECT DESCRIPTION: Aiv�DE ►STry6 DoT 6� - =i-.� zt4e-Ac-..0 tc-a'rt� -two Cz7 :�#Qc-EL5, SPKAN S"Gkt -Ze 11-L A.dZE FINDINGS: 1. The project does not have the potential to degrade the environment. ?. The project will not achieve short-term to the disadvantage of long-ce= t-nzonmental goals. - The project does not have impacts which are individually limited. but c=-.::atively considerable. 4. The project will not cause substantial adverse effects on human beir.;s e: e:directly or indirectly. DETERMINATION: Based on the above Endings.and the information contained in the initial study(made a part hereof by refer- ence and on Me in the Community Development Departiuent).it has been determined that the above project will not have an adverse impact on the environment. Henry Eng Community Development Director Date Posted: AV6-1ST C3� l9`11 Date Adopted: ATTACHMENT E - Findings for Approval Tentative Parcel Map #07-91 9120 Atascadero Avenue (Plotkin/Twin Cities) September 3, 1991 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration prepared for the project is adequate. MAP FINDINGS: 1. The proposed subdivision is consistent with applicable General and Specific Plans. f. 2. The design and/or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. 3. The site is physically suitable for the type of development proposed. • 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and/or the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type 'of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or, substantially equivalent alternate easements are provided. 7. The proposed subdivision design, and/or the type of improvements proposed, will not cause serious public health problems. TPM-07-91.fin • ATTACHMENT F - Conditions of Approval Tentative Parcel Map #07-91 9120 Atascadero Avenue (Plotkin/Twin Cities) September 3, 1991 CONDITIONS OF APPROVAL 1. All existing structures on Parcel A shall be removed, pursuant to approved building permit(s) , prior to the recordation of the final parcel map. 2. Water shall be obtained from the Atascadero Mutual Water Company. All available utilities shall be stubbed out to the newly created parcel prior to constructing the required road improvements. 3. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If thbre are building or other restrictions related to the easements, they shall be noted on the final map. 4. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 5. The newly formed lot shall be connected to the public sewer at the time of development. All annexation permit fees in effect at the time of recordation shall be paid for the newly created lot prior to the recording of the map. 6. A grading and drainage plan prepared by a registered civil engineer shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works departments prior to the issuance of any building permits (except any demolition permits required by condition #1 above) . 7. Road improvement plans prepared by a registered civil engineer shall be submitted to the Community Development Department for review and approval by the Public Works Department, prior to the construction of the improvements. Plans shall include, but are not limited to, all requirements contained herein. 8. Atascadero Avenue shall be widened to a pavement width of 20 feet from centerline of right of way along the entire property frontage. A contribution of $25.00 per linear foot of frontage shall be made to the in-lieu sidewalk fund. 9. An encroachment permit shall be obtained from the City of Atascadero Public Works Department prior to the start of public improvements. An Inspection Agreement shall be signed guaranteeing that the work will be done and the inspections paid for. 10. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, guardrails, barricades, and other similar devices where ' required by the Director of Public Works. Signs shall be in conformance with the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and modifications after construction. 11. Construction of the public road improvementsshall be completed or suitably guaranteed prior to the recording of the map. 12. All public improvements shall be covered with a 100% Performance Guarantee and a 50% Labor- and Material Guarantee until construction is deemed substantially complete by a 10% Maintenance Guarantee to remain in effect until 1 year after substantial completion. 13. Offer to dedicate to the City of Atascadero the following= right-of-way. Street Name: Atascadero Avenue Limits: 30 feet from centerline of right of way to property line. 14. Offers of dedication shall be completed and recorded prior to or in conjunction with the recording of the map. 15. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners by a Registered Civil Engineer or Licensed Land Surveyor as required by the Land Surveyors Act and Subdivision Map Act. Monuments set within any road right of way shall conform to city standard drawing M-1. b. Pursuant to section 66497 of the Subdivision Map Act the engineer or surveyor shall notice the City Engineer in writing that the monuments have been set. C. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 16. Approval of this tentative map shall expire two (2) years from the date of final approval, unless an extension of time is • granted pursuant to a written request received prior to the expiration date. TPM-07-91.con f� I I I' i If Phone: (805) 466-6640 3550 EI Camino Real • Atascadero, CA 93422 Real Estate, Inc. .��, lel Sept . 10 , 1991SEP 12 City Council CO1Nq. 11�E�;rY " �`illli City of Atascadero Dear Council Members : I am asking your consideration of my appeal of some of the conditions imposed on my Tentative Parcel Map 07-91 , approved at the Sept 3, 1991 Atascadero Planning Commission Meeting. These `- conditions are listed be-low taken from Attachment "F"' conditions of approval. #1. ( of Attachment "F" , cop This would include a newer 24x28 storage shed/barn. As this is a • structure in good condition and of considerable value, I do not want it destroyed. #8 . ( of attachment "F" , copy✓ ched) . The charge of $25 . 00 per foot of frontage is excessive and of no value to my property . Also if i am to widen the Atascadero Ave blacktop to 20 ' from centerline, these costs will total much more thant the cost for curbs and gutters , that would also increase the value of my property . My intent is to build a new house on Parcel A for my Mother, and live in the existing home myself with m 4 I Y y year old Son . ,Withou� tae split could only build a guest houe that would be too small and not with kitchen facilities . Thank you for your consideration Sin rely., S. Gi,,// /3 e :3,ur a-7-= 7-,aivAl o�✓ l'� �/ C • SG�Q-pyLe rCO2j:4 ZED °0 3zG C _ Phone: (805) 466-6640 i `�G���' •-• J p 3550 EI Camino Real 3 0 1991 Atascadero, CA 93422• Deal Estate, Inc. 9/26/1991 Henry Engen Director, Community Development City of Atascadero. Subject: Appeal to city counsil of conditions of tenative parcel map 07-91: 9120 Atascadero Ave. , dated Sept. , 10 , 1991. Dear Mr. Engen, With regards to #8 of attachment "F" . It has come f_ to my attention�'that the in lew of sidewalk fund is not a legal fee. I would like to address this at my appeal. Sin rely • Don Plotkin • PC 9/3/91 - MINUTES EXCERPT • NOES: Commissioner Highland ABSENT: Commissioners Hanauer udlac, and Waage 2. TENTATIVE TRACT MAP 09-91: Application filed by Steve Bo a (Mastin 'Land Surveys) to subdivide one lot into fi airspace condominiums and a common area. Subject to is located at 9286 E1 . Bordo Avenue. Mr. Davidson present the staff report on this request; staff is recommending a oval subject to 14 conditions. Steve Boyle, pplicant, indicated his concurrence with the recommenda on. He noted that the work which has been done on the hou conversion exceeds that which is ';'required in the condo nium conversion ordinance. l­ TION: By Commissioner Highland, seconded by Chairperson Luna and carried 4:0 to approve Tentative Tract Map 09-91 subject to the Findings and Conditions of Approval contained in the staff report. • 3. TENTATIVE PARCEL MAP 07-91: Application filed by Don Plotkin (Twin Cities Engineer- ing) to subdivide an existing one-acre lot into two (2) parcels, each with a net area of approximately 21, 500 square feet. Subject site is located at 9120 Atascadero Avenue. Gary Kaiser presented the staff report noting staff recommen- dation to approve thema arcel subject to 16 conditions. P P J Commission questions and discussion followed. Commissioner Lochridge pointed out that this property is directly adjacent to Santa Rosa School and added that he has a serious problem with Condition #8 (offsite improvements/in- lieu sidewalk contribution) in that Atascadero Avenue is too narrow and serious problems can occur with traffic, "bottleneck" situations and school children' s safety during the peak hours arriving and leaving Santa Rosa School. He voiced his feeling that although money is being generated, it appears that no obvious attempts are being made either by the school district or by the city to progress with the walk-to- school program; that it has been sandbagged'. Commissioner Lochridge further contested the use of General Plan phrases contained in the staff report which talks about preserving ample roadways, etc. • PC 9/3/91 - MINUTES EXCERPT Chairperson Luna commented that it appears there are at least • three flag lots in the neighborhood. He felt that perhaps the city "missed the boat" as far as putting in a sidewalk or getting funds for the sidewalk for Santa Rosa School. Mr. DeCamp stated that there are several road improvement plans which are nearing completion for this fiscal year which do include significant widening to provide bicycle lanes and walkways; however, Atascadero Avenue is not one of the roads scheduled for improvement at this time. In response to Commissioner Lochridge' s comments, Mr. DeCamp stressed that the route-to-school program has not been sandbagged; progress on this program continues. Mr. DeCamp further stated that this general area is one that will have a walkway, but at this point, it is not known which side of the road it will be on. The city is reluctant to require this applicant to install a walkway along his property frontage that may not ultimately be connected with other pieces of walkway. Mr. DeCamp, in responding to Chairperson Luna' s query, stated that a sidewalk fund has been established to receive the -- numerous contributions from this neighborhood as well as others. Commissioner Lochridge disputed the difference between road • widening and bike lines with the route to school program. If the children are given a place to walk, they will select that place, but if not, they will end up walking in the street. He expressed concern that a serious injury may occur before the route is established. - Public Testimony - Allen Campbell with Twin Cities Engineering, representing the applicant, spoke in support of the request. He asked that Condition #1 be modified so that the barn could remain until such time as a building permit can be obtained, or possibly a bonding option. In addition, Mr. Campbell requested that the garage remain (on Parcel B) , but the rest of the outbuildings are scheduled for removal. Mr. Campbell voiced objection to Condition #8 (offsite improvements/in-lieu sidewalk contribution) , noting that the applicant would rather install a pedestrian pathway along the property frontage than pay the in-lieu contribution. In response to inquiry by Commissioner Johnson, Mr. Campbell responded that the applicant does not have a specific time frame for obtaining a building permit. • PC 9/3/91 - MINUTES EXCERPT • Commissioner Johnson stated that he would feel comfortable in allowing the barn to remain if a building permit were to be obtained within a specified period of time. Mr. DeCamp emphasized that at this point, there are ' no guarantees that a building permit will be acquired in any given time frame, so if the barn were to remain, that lot would become nonconforming. - End of Public Testimony - Chairperson Luna indicated his concurrence with staff' s comments concerning the creation of nonconforming uses. Commissioner Johnson commented that he, too, would like to see all of the major routes to school widened and provided with safe walkways, but this will not be accomplished overnight. He added that with the road widening condition, there willfbe extra width that can be used safely for bicyclists, walkers, etc. In addition, Mr. Johnson stated that the in-lieu sidewalk contribution fee is appropriate in this case. Upon discussion, there was general Commission consensus that the General Plan is very clear in its intent regarding nonconforming uses. MOTION: By Commissioner Johnson, seconded by Chairperson rson Luna and carried 4:0 to approve Tentative Parcel Map 07-91 subject to the Findings and Conditions of Approval contained in the staff report. Chairperson Luna declared a recess at 8: 43 p.m. ; eeting reconvened at 8:53 p.m. 4. CONDITIONAL USE PERMIT 05-91: Application filed by Golden West D elopment (Richard Shannon) for the establishment of two-building commer- cial retail complex, or shoppin center, to be known as "Hawkins Plaza" . The combin size of the two proposed buildings is approximately 5,600 square feet. Subject site is located at 9955 Camino Real." Mr. Kaiser presented th staff report on this request which focused on issues eluding site design, architecture, signage, parking, et Staff is recommending approval subject to 20 condition . Mr. Kaiser offered modification to Condition #14: No on-street parking will be allowed on El Camino Real r shall any on-street parking be allowed on E1 Bordo Roa from 20 feet east of the proposed E1 Bordo Road drivewa o E1 Camino Real. • REPORT TO CITY COUNCIL CITY OF ATASCADER0 ITEM: C-2 Through: Ray Windsor, City Manager Mtg. Date: 10/8/91 Via: Henry Engen, Comm. Dev. Director File No: ZC 07-91 From: Steven L. DeCamp, City PlannerAow SUBJECT: Amendment to the Zoning Ordinance text to allow fences in excess of 3 feet in height to be located in required front yard and side yard it setbacks adjacent to a street. RECOMMENDATION: 1_ Approval of Zone Change 07-91 as follows: 1) Waive reading of Ordinance No. 232 in full and approve by title only; • 2) Approve Ordinance No. 232 on first reading. ' BACKGROUND: On September 3, 1991 , the Planning Commission conducted a public hearing on the above subject and on a 4: 0: 3 vote (Commissioners Kudlac, Hanauer, and Waage absent) , recommended'; approval of the zone change as reflected in Ordinance No. 232. There was discussion and public testimony as evidenced in the attached minutes excerpt. :ps Attachments: Staff Report - September 3, 1991 Minutes Excerpt - September 3, 1991 Ordinance No. 232 cc: Shirley Moore i CITY OF ATASCADERO Item: B . 5 STAFF REPORT FOR: Planning Commission Meeting Date: September 3, 1991 BY: Gary V. Kaiser, Assistant Planner File No: ZC #07-91 SUBJECT: Consideration of an amendment to the text of the Zoning Ordinance to allow fences in excess of three (3) feet in height to be located in required front yard setbacks and side yard setbacks adjacent to a street. Said amendment would allow such fences through the adjustment process where the Community Development Director can make certain specific findings relative to the appearance of the fence, neighborhood compatibility and human Y health and safety. RECOMONDATION: Staff recommends that the Planning Commission approve the language contained in the attached draft ordinance (Attachment A) , and recommend its adoption to the City Council. • A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . .City of Atascadero 2. Project Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .City-wide 3. Environmental Review. . . . . . . . . . . . . . .Categorically Exempt B. BACKGROUND: The Zoning Ordinance provides that a text amendment may be initiated by: " ( 1) The City Council or Planning Commission on its own motion; or (2) The City Council or Planning Commission upon acceptance of a request from any interested party, including the Planning Director. Requests shall be in writing and shall include a description of the benefit to be derived as a result of the text amendment. (i) The City Council may refer a proposed text amendment to the Planning Director and/or Planning Commission for response prior to deciding whether to initiate the text amendment. " (Section 9-1. 114(a) ) On July 9, 1991, the City Council unanimously approved a request from an interested party, Shirley Moore, to initiate the subject Text Amendment. Mrs. Moore' s request to initiate this amendment has been attached hereto (Attachment B) . This Council action has left the matter ripe for Planning Commission deliberation. C. ANALYSIS: The Zoning Ordinance establishes front, side and ''rear setbacks, wherein the placement of buildings and structures is prohibited. For residentially-zoned properties, these setbacks are generally 25 feet, 10 feet and 5 feet along the front, rear and side property lines, respectively. There are specific exemptions to these setback standards, however, to allow for perimeter fencing (including walls and hedges) to be located directly on property lines. These exemptions are found in Section 9-4.104 of the Zoning Ordinance. Pursuant to Section 9-4. 104, fences, hedges or walls not exceeding six (6) feet in height may be located within required side or rear setbacks; fences, hedges or walls not exceeding three (3) feet in height may be located in required front setbacks. It should be noted that the exemption for six-foot fences within side yard setback areas does not apply where a side yard abuts a street (Section 9-4. 128(a) ) . Thus, for the purposes of setbacks, side yards adjacent to a street are treated the same • as front yards -- fences, hedges and walls cannot exceed a height of three (3) feet when located therein. The present three-foot height limit for fences within required front yard setback areas serves to implement explicit and very fundamental policies of the General Plan that speak to a recognized need to preserve Atascadero' s rural atmosphere and maintain a sense of "elbow room" within the community. That is, allowing fences in excess of three feet in height', along property frontages could cumulatively result in a diminished sense of "elbow room" in the community and could cause rural roads to take on a more urban, or "alley-like, " appearance. Another purpose for the present three-foot height; limit for fences within required front yard setback areas is to protect public health and safety. This becomes readily apparent with respect to corner lots, where sight-obscuring fences in excess of three feet in height could significantly impair safe sight distance for vehicular traffic. The "project" currently before the Planning Commission is three- fold. The Commission has been asked to ( 1) consider whether or not fences that exceed three feet in height could be appropriate when located in the front and "street side" yards of residential properties, (2) make a determination as to the conditions under which such fences would be appropriate for residential 2 properties, and (3) recommend specific language to the City Council that would serve to allow appropriate fences yet preclude the authorized construction of inappropriate fences. In staff' s opinion, front and "street-side" yard fences in excess of three (3) feet in height could be appropriate or inappropriate depending on the circumstances of a particular case. Staff agrees with Mrs. Moore that such fences could provide landowners with a feasible means to control stray animals and gain increased security against trespassers. Staff also recognizes that such non-conforming fences are common throughout Atascadero, particularly in the outlying areas where livestock is kept. At the same time, staff cautions the Commission that allowing such fences without adequate review could compromise the aesthetic quality of neighborhoods and/or result in more serious health and safety problems with regard to decreased sight distance for vehicular travel. Proposed Zoning Ordinance Amendment Yy Although the draft ordinance contained in Attachment A is self- explanatory, some degree of explanation is warranted. Under the draft ordinance, a new kind of adjustment would be created to allow for fences (including hedges and walls) up to five (5) feet in height when located in front yard setback areas. Several specific findings would have to be made by the Community • Development Director, however, prior to the adjustment being approved. Following is a piece-by-piece explanation of the proposed text amendment: Proposed Section 9-4.104(b) (1) "Allowed Adjustment: The exemption for fences hedges or walls in the front setback that do not exceed three feet in height may be expanded, pursuant to Section 9-1.112 (Adjustment) , to include fences hedges or walls up to five (5) feet in height, provided the following findings are made in the affirmative by the Community Development Director: " Explanation -- A five-foot height limit for these exempt (allowable) fences was determined reasonable by staff because it is sufficient for the keeping of common livestock, adequate for controlling the unwanted passage of domestic animals, yet not high enough to necessarily cause adverse impacts on community "elbow room. " An explanation as to why the adjustment process is considered by staff to be the appropriate level of review for such fences is provided below. Section 9-4.104(b) (1) (i) "Pillars, posts, or other supporting portions of the fence do not exceed a height of six (6) feet" • 3 I Explanation -- The intent of this section is to • increase design options, while retaining the five-foot height limit for major portions of these fences. Incorporation of such pillars, posts or other similar design elements can be effective in controlling design monotony. Section 9-4.104(b) (1) (ii) "Sight-obscuring portions of the fence exceeding six (6) inches in width do not exceed two (2) feet in width and are separated from each other by at least eighteen (18) feet" Explanation -- The main intent of this section is to ensure adequate visibility through the fence, from the standpoint of appearance and "elbow room" rather than traffic safety. The eighteen-foot separation between sight-obscuring portions of the fence comes from staff's determination that two-foot wide pillars placed twenty feet on center could be part of an appropriate fence design. Applying this section only to those sight-obscuring portions of the fence that exceed six (6) inches in width is intended to make it possible for agricultural-style fences (e.g. , split rail fences) to be approved. Section 9-4.104(b) (1) (iii) "At least 80% visibility will be • retained through portions of the fence that exceed three (3) feet in height" Explanation -- This section is intended to ensure adequate visibility both from an appearance and traffic safety perspective. It was included as', a separate section, or finding, to clarify that only those portions over three feet in height must conform to the visibility standards of this adjustment. Section 9-4.104(b) (1) (iv) "The fence is architecturally compatible with existing structures on the property and consistent in character and appearance with other fences and structures in the neighborhood" Explanation -- This is perhaps the most important finding that must be made prior to the adjustment being approved. Its intent is self-evident, as is the implied need to perform careful field investigations. The effect of this section could be to require a given fence to be stuccoed, painted or otherwise treated, to "fit in" with other existing structures on-site and in the neighborhood. 4 Section 9-4.104(b) (1) (v) "The fence will not impair safe sight distance for vehicular traffic nor result in any other • potential adverse impact on human health and safety. " Explanation -- This section is self-explanatory. In most cases, there will be a need to consult with Public Works staff prior to making this finding. General Plan Consistency The Planning Commission is aware that it is the purpose of the Zoning Ordinance to implement explicit goals, policies and objectives contained in the General Plan and protect the health, safety and welfare of the public. Although there are very few specific references to fences in the General Plan, the Zoning Ordinance standards relative to fence height serve primarily to implement certain broader goals that permeate throughout the General Plan text. Such "Basic Community Goals" are summarized on page 8 of the General Plan. An excerpt of said goals follows: "There is a consensus that Atascadero should retain its overall character and atmosphere of rural living. Among the essential features that the community wishes to preserve are: • "Elbow room" for residents, i.e. , relatively large lots in most areas, including the core. Areas where livestock can be owned and maintained. " The proposed text amendment is consistent with all applicable goals, policies and objectives contained in the General Plan. This is particularly true with respect to the agricultural-style fences that could be allowed, or legitimized, under the proposed amendment. Staff feels that the proposed amendment also contains adequate assurances to protect the health and safety of individuals as well as the appearance of neighborhoods. In fact, because currently allowed fences receive no review whatsoever, the proposed amendment would likely improve both community appearance and health and safety. The Adjustment Process The draft ordinance in Attachment A suggests allowing front yard fences in excess of three (3) feet by adjustment. Like conditional use permits and variances, the adjustment process is appropriately used to provide administrative relief from the otherwise strict terms of a comprehensive Zoning Ordinance. Unlike conditional use permits and variances, however, 5 adjustments are processed entirely at the staff Level (unless appealed) . The adjustment process currently exists within the framework of the Zoning Ordinance and is commonly used to allow exceptions to building height limitations, building setback requirements and parking requirements. The adjustment process provides an opportunity for other City departments, as well as outside agencies, to be consulted with prior to taking action on a particular application. In all cases, the Community Development Director must make certain findings prior to approving an adjustment request. In cases where the Director cannot make the necessary findings, the denied adjustment may be 'appealed to the Planning Commission. Staff is confident that if the Director can make the findings specified in the draft ordinance, the particular fence in question will be constructed and exist without adverse impact. CONCLUSIONS: It is staff' s opinion that front and "street-side" yard fences in excess of three (3) feet in height could indeed be appropriate provided there are adequate assurances that the given fence will not adversely impact the appearance of the site/neighborhood nor compromise human health and safety. Staff finds the recommended Zoning Ordinance language contained in Attachment A would provide such assurances by requiring that specific findings be made by the Community Development Director prior to approval of an adjustment. The recommended text amendment would increase both individual property rights and residential design options, while at the same time would safeguard community appearance and health and safety. The net result of the amendment, therefore, is positive and would benefit both individual property owners and the community as a whole. ATTACHMENTS: Attachment A - Draft Ordinance Attachment B - Letter requesting amendment be initiated • 6 ATTACHMENT A DRAFT ORDINANCE ZC 407-91 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE RELATIVE TO THE ALLOWED HEIGHT OF FENCES, HEDGES AND WALLS LOCATED WITHIN REQUIRED FRONT YARD SETBACK AREAS AND SIDE YARD SETBACK AREAS WHERE THE SIDE YARD LIES ADJACENT TO A STREET WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerrring zoning regulations; and WHEREAS, the City Council has approved a request submitted by an interested and concerned member of the community to initiate the subject text amendment; and WHEREAS, the proposed amendment does not have a potential to result in a significant adverse effect on the environment and is exempt from the requirements of the California Environmental Quality Act (CEQA) ; and WHEREAS, the Atascadero Planning Commission held a public hearing on September 3, 1991 and has recommended that the proposed amendment be incorporated into the City Zoning Ordinance. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is consistent with the General Plan, and compatible with the stated purpose of the Zoning Ordinance. 2. The proposal will not result in any significant adverse environmental impacts. Section 2. Ordinance Text. The Zoning Ordinance is hereby amended by the addition of language shown on Exhibit A attached hereto and made a part hereof by reference. Ordinance No. Page 2 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed$ published and circulated in the City in accordance with Section'; 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by Coupcilperson and f seconded by Councilperson , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: • NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Alden F. Shiers, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: • ART MONTANDON, City Attorney ordinance No. Page 3 PREPARED BY: HENRY ENGEN, Community Development Director • • Ordinance No. Exhibit "A" Section 9-4. 104(b) of the City of Atascadero Zoning Ordinance is amended to read as follows (NOTE: text shown underlined is added; no text has been deleted) : " (b) Fences, hedges or walls three feet or less in height, when located in a required front setback. (1) Allowed Adjustment: The exemption for fences, hedges or walls in the front setback that do not exceed three feet in height may be expanded, pursuant to Section 9-1. 112 (Adjustment) , to include fences, hedges or walls upito five (51 feet in height, provided the following findings are made in the affirmative by the Community Development Director: f_ Pillars, posts, or other supporting portions of the fence do not exceed a height of six (6) feet; and ii Sight-obscuring portions of the fence • exceeding six (6) inches in width do not exceed two (2) feet in width and are separated from each other by at least eighteen ( 18) feet; and (iii) At least 80% visibility will be retained through portions of the fence that exceed three (3) feet in height; and Uv) The fence is architecturally compatible with existing structures on the property and consistent in character and appearance with other fences and structures in the neighborhood; and jvl The fence will not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on human health and safety. " CITY OF ATTACHMENT B ATASCADERO REQUEST TO INITIATE �'111.• �.�Iw - t IYT��- Z C 407-91 COMMUNITY DEVELOPMENT DEPARTMENT • ZONING ORDINANCE'�JOK PAGE 4-2 9-4.104 Exceptions to Setback Standards: The minimum setback requirements of this Title apply to all uses except the following (see also Section 9-4.110 - Projections Into Required Setbacks) : a. Fences, hedges or walls six feet or less in height above site finish grade, when located in a required side or rear setback. b. Fences, hedges or walls three feet or less in height, when located in a required front setback. c. Uncovered decks, terraces, steps, earthworks and other similar landscaping or design elements placed directly on finished grade that do not exceed an average height of 30 inches above the surrounding finished grade, provided that no such woofd structure shall extend closer than 12 inches to a property line. I PURPOSE TO ADD THE FOLLOWING: (1) HEIGHT ADJUSTMENT: THE HEIGHT LIMIATION SPECIFIED BY SUBSECTION a. s b. OF THIS SECTION MAY BE ADJUSTED BY DEPARTMENTAL • REVIEW, FOR SEE THROUGH RESIDENTAL TYPE FENCES. I THE BENEFITS TO BE DERIVED AS A RESULT OF THE ABOVE TEXT AMENDMENT ARE THAT THE TEXT WILL GIVE THE DEPARTMENT A VEHICLE TO ALLOW RESIDENTIAL SEE-THROUGH FENCES, WHICH WILL NOT RESTRICT SIGHT, AND WILL ENHANCE THE NEIGHBORHOOD, AND ALLOW THE OWNERS THE OPPORTUNITY TO KEEP THEIR ANIMALS IN, AND OTHERS ANIMALS OUT. ALSO WILL ENHANCE SECURITY FOR THE HOME OWNERS. In my immediate neighborhood, approximately one half are not in compliance with the present ordinance, including the parcel I am concerned with, which has a 5 foot horse fence around the entire parcel , built 40 years ago. We purpose to replace this fence with 16' slumpstone pillars 20 ft centers, and 2 ten foot wrought iron pannels between, five foot high. This will allow containment of our animals, as we are still allowed to keep small animals on the unused part of the two acres. Also, as 1 drive around in the new sections of residential building, I see hundreds of attractive fences built which enhance the structures, but are not in compliance with our present fence heights. i Enclosed please find my check for $325.00 to initiate the changing of the text. - .Jum '25 1 91 CGi R9U�i!�i �E'1�1�Jr;ril�d' PC 9/3/91 - MINUTES EXCERPT • feet east of ro sed '', E1 Bordo road enc nt to E1 Camino Real-F. The developer s all obtain authorization for signage to assure said on-street parking is prohibited. • 5. ZONE CHANGE 07-91: Proposal to change the text of the City Zoning Ordinance relative to the allowed height of fences, hedges and walls in required front yard setback areas and side yard setback areas where the side yard lies adjacent to a street. Mr. Kaiser presented the staff report on this subject and summarized the rationale for each of the proposed sections of the text amendment. Chairperson Luna thanked Mr. Kaiser for the report format with the written expl..anations for the proposed amendment. - Public Testimony - Shirley Moore, 8200 Curbaril, discussed the background involved in her efforts to install a fenceand subsequent application for zoning text amendment as she realized that the Zoning Ordinance does not contain provisions for any deviation from the three foot fence height. Mrs. Moore stated that she was grateful to the Council for refunding her application fee since the Council had determined that this amendment would benefit the community as a whole. Whitey Thorpe, 8025 Santa Ynez, spoke in support of the text amendment and added that this amendment will provide property owners more flexibility. Mrs. Moore further stated that the Ordinance now requires 20 feet between posts and asked that some consideration be given toward a flexibility with the number of feet. Discussion ensued concerning modifications to the proposed 20 foot span with regard to a formula which would be able to space center posts evenly. Chairperson Luna asked if any study was done': with regard to site obscuring portions of fences. Mr. Kaiser explained that these situations were taken into account adding that 18 feet would probably be the most flexible number. Discussion , continued. In response to question by Chairperson Luna, Mr. Decamp • responded that 18 feet was a comfortable span, and that 16 feet was appropriate; much less than that would obstruct sight distance. PC 9/3/91 - MINUTES EXCERPT Mrs. Moore clarified that most of the fences are pre-fab panels which come in four or five foot segments. MOTION: By Commissioner Highland and seconded by Commissioner Johnson to recommend approval of Zone Change 07-91 as reflected in the draft ordinance with modification to Section 9-4.104 (b) (ii) as follows: "Sight-obscuring portions of the fence exceeding six (6) inches in width do not exceed two (2) feet in width and are separated from each other by at least sixteen (16) feet; and Commissioner Johnson commented that when he first eviewed the draft ordinance, he felt that it may be too "wor " . But then it became apparent that this was the best lan age that would address all of the different kinds of fences nd obstructiohs that would be encountered in front se ack areas. He complimented staff on a job well done. The motion carried 4:0:3. C. INDIVIDUAL COMMENT 1. Planning Commission There was nothing to report. 2. City Planner Mr. Decamp stated tha y direction of the Chair, the election of officers will e at the Commission's next meeting (September 17, 199 Mr. DeCamp rep ted that the City Council has requested a joint meetinith the Planning Commission with an agenda that has yet to/b- set, with the suggested meeting date Thursday, September1991 at 7: 00 p.m. He would anticipate that the mayor wo ld be contacting Chairperson Luna shortly to establiK an agenda. Mr. eCamp announced that the City Council has adopted the Su ivision Ordinance recommended by the Commission with only nor changes. The ordinance will become effective on eptember 26, 1991. ORDINANCE NO. 232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE RELATIVE TO THE ALLOWED HEIGHT OF FENCES, HEDGES AND WALLS LOCATED WITHIN REQUIRED FRONT YARD SETBACK AREAS AND SIDE YARD SETBACK AREAS WHERE THE SIDE YARD LIES ADJACENT TO A STREET WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concergi.ng zoning regulations; 4nd WHEREAS, the City Council has approved a request submitted by an interested and concerned member of the community to initiate the subject text amendment; and WHEREAS, the proposed amendment does not have a potential to result in a significant adverse effect on the environment and is exempt from the requirements of the California Environmental Quality Act (CEQA) ; and WHEREAS, the Atascadero Planning Commission held a public hearing on September 3, 1991 and has recommended that the proposed amendment be incorporated into the City ',Zoning Ordinance. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is consistent with the General Plan, and compatible with the stated purpose of the Zoning Ordinance. 2. The proposal will not result in any significant adverse environmental impacts. Section 2. Ordinance Text. The Zoning Ordinance is hereby amended by the addition of language shown on Exhibit A attached hereto and made a part hereof by reference. Ordinance No. 232 Page 2 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by Coupcilperson and seconded by Councilperson , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: • ABSENT: ADOPTED: CITY OF ATASCADERO By• Alden F. Shiers, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: ART MONTANDON, City Attorney Ordinance No. 232 Page 3 PREPARED BY: HENRY ENGEN, Community Development Director • Ordinance No. 2_3.2 Exhibit "A" Section 9-4. 104(b) of the City of Atascadero Zoning Ordinance is amended to read as follows (NOTE: text shown underlined is added; no text has been deleted) : " (b) Fences, hedges or walls three feet or less in height, when located in a required front setback. (1) Allowed Adjustment: The exemption for fences, hedges or walls in the front setback that do not exceed three feet in height may be expanded, Pursuant to Section 9-1. 112 (Adjustment) , to include fences hedges or walls up to five (5)- feet in height, provided the following findings are made in the affirmative by the Community y Development Director: l W Pillars, posts, or other supporting portions of the fence do not exceed a height of six (6 ) feet; and Ija Sight-obscuring portions of the fence exceeding six (6) inches in width do not • exceed two (2 ) feet in width and are separated from each other by at least sixteen ( 16 ) feet; and (iii) At least 80% visibility will be retained through portions of the fence that exceed three 3 feet in height; and Ljyj The fence is architecturally compatible with existing structures on the property and consistent in character and appearance with other fences and structures in the neighborhood; and The fence will not impair safe sight distance for vehicular traffic nor result in any other Potential adverse impact on human health and safety. " REPORT TO CITY COUNCIL • CITY OF ATASCADERO Agenda Item: D-1 Through: Ray Windsor, City Manager Meeting Date: 10/8/91 From: Greg Luke, Director of Public Works SUBJECT: Creekway Mapping Committee Final Report RECOMMENDATION Staff recommends that Council evaluate the presented base map information and provide policy direction on how to proceed with the creekway planning process. BACKGROUND Planning for the City's creeks originated with E.G. Lewis who advocated resource preservation and protection. His conservation ideals are evidenced throughout his original plan, particularly through his concept of greenbelts and unique division of creekway reserves. The City's Open Space and Conservation Element reflects the preservation intent behind Lewis' plan by incorporating various principals and policies for preserving natural resources. However, even though most of the creek systems within town are still in a relatively natural condition, there are currently virtually no specific provisions in the Zoning Ordinance for protecting or managing the creekways. The current lack of formal policies affecting 'natural resource values and recreational opportunities of the: creekways have stimulated debate over the City's proper course of future action. The issues involve conflict over property rights, environmental protection, public safety, recreational opportunities and aesthetics of the Community. When Council began the General Plan Update, it became evident that the physical data necessary to formulate a meaningful Creekway Policy was not available in any comprehensible form. Thus, the Creekway Mapping Committee was formed to gather relevant base information for the planners and the decision makers to use to develop a Creekway Management Plan. The Committee: was specifically instructed to address analytical data and not to become involved in the development of any Creekway policies. • The final result of that mapping effort is presented tonight. DISCUSSION • The Creekway Mapping Committee has collected base data necessary for making policy decisions including contours, property lines, 100 year flood plain, creek reservation boundaries, roads and bridges and riparian vegetation zone. The maps will be displayed at the Council meeting and are permanently displayed at the Department of Public Works. The maps have been prepared using the computer-driven AUTOCAD program. This program allows the maps to be drawn at virtually any scale. They can be easily modified and updated. In addition, the information is stored in "layers", which allow selected information to be plotted, depending upon the desired use of the map. In summary, the mapping now complete is a powerful planning tool, capable of being continuously reused to display and test any Creekway Planning philosophy proposed. This initial mapping is however only a tool, with inherent limitations. There are still some areas or features that have not been mapped, including: structures/human intrusions into the creek; ownership status; current pools of water; specialized biological features; soil type; social activities; scenic areas; archaeologically sensitive areas; utility crossings; mineral and access easements. As the amount of data collected increases so • does :he complexity of analysis. With respect to the issue of structures and human intrusions into the creekways staff has collected various data which is now ready to be forwarded to Council, and if adopted, would become an ordinance regulating creekway resources separate from the Zoning Code, yet referencing appropriate land-use sections of the Zoning Code. In spite of the limitations mentioned above, the Creekway Mapping Committee feels that the Creekway Map, as presently drawn, still contains sufficient information for the City to proceed with creekway planning. In our opinion, the current data bank should allow Council to address the most critical policy issues. However, we recognize that at some point it may be advantageous or even necessary to supplement the data as outlined. Finally, then, it is the Committee's hope that with the mapping data base Council can now more logically and appropriately address the critical issue of creekway setbacks, particularly as it relates to the number of feet to be reserved and on what basis (i.e. which point of the creekbed or riparian area is used to measure from) such a creekway setback can and should be justified. This point of course raises the question of whether or not it is in the city's best interest to institute a minimum setback to be applied equally on any or all parts of the creeks, including those tributaries now • abutting private development. • REPORT TO CITY COUNCIL AGENDA ''ITEM: C-3 CITY OF ATASCADERO THROUGH Ray Windsor MEETINGDATE: 3/13/90 City Manager FROM: Andrew Takata, Director ,-/ Parks. Recreation and Zoo Department SUBJECT: CREATION OF A CREEKWAY PLANNING AND MAPPING COMMITTEE RECOMMENDATION: Create a technical committee of threes (3) Atascadero School District representatives (Roger Zackery, Gene Elsdon, and Paul- Mon) and three City staff members (Henry Engen-Community • Develo-;5ment , Public Works Director , and Andrew Takata-Parks, Recreation and Zoo Director ) . Since this is a technical advisory committee, the City Council may choose only staff members. If it is the Council ' s desire for additional citizen participation, they may appoint other members. BACKGROUND: In order to begin the planning phase of the creekway plan, it is important that a technical committee be farmed to map the creekway prior to additional planning . AJT:kv ;creek • I 2. RESOLUTION NQ. 25-90 - RE-APPOINTING THREE MEMBERS TO THE BUILDING & CONSTRUCTION BOARD OF APPEALS Henry -Engen gave staff report recommending adoption of Resolution Nc . 25-90 reappointing the following three members to the Building and Construction Appeals Hoard : ken Lerno , Specialty Contractor; H. John Edens, Jr . , General Contractor ; and Jim Rodger , General Public Member . There was no Council or public comments. MOTION: By Councilwoman Mackey and seconded by Councilman Shiers to adopt Resolution No . 25-90; passed unanimously by roll call vote. 3. CREATION OF A CREEKWAY PLANNING & MAPPING COMMITTEE Andy Takata gave staff report recommending the creation of a technical committee comprised of three school district representatives and three City staff members to begin mapping the creek prior to additional planning. He stated that while this was a technical advisory committee, the City Council may choose only staff members, but if additional citizen participation is aesired they may appoint other members. Mr . Takata explained that the first area which the ccmmittee would be looking at was from Lewis Avenue _„ the Hich Schcol . Mayor Dexter clarified that once the mapping is done, then creekway usage will be esstablished . C-ouncilwoman. Mackey suggested that the Council add more members to the committee later on when that issue is addressed . Public Comments: Karen Riggs, 4935 Arizona, asked the Council how this related to the creek setback issue and stated concern over the length of time a study like this may take. She suggested a building moratorium on the creek with emphasis on the properties currently for sale on Capistrano . The Mayor ruled Ms. Riggs out of order because the usage of the creek was not being considered , but rather the establishment of a technical committee to merely map the creek . Jcan Okeefe, 99SS Old Morro Road East, asked at what point will the public be able to address the setback issue, why the mapping will take precedence over the setback question and how citizens can make input.. Cg 13y9G • r^^age 9 Councilman Lilley asserted that the creek setback issue muses be addressed by Council and stated that he would personally ask that the matter be placed on a future agenda for consideration later during the Individual Determination portion of meeting . He stated that he would like to explore the possibility of some kind of interim measure, with regard to several of the lots for sales, to insure their development does not do irreparable damage. Ms. Okeefe thanked the councilman, and expressed hope in seeing this placed on another agenda for future discussion. Mr . Engen clarified that there is a General Plan Amendment that is looking at the setbacks to the creek acrd that it will be coming to the Planning Commission for public hearing . He stated that this amendment and the mapping of the creekways for linear park future planning Purposes will coincide .with one anot"r . Councilwoman Mackey asked the Community Development Director when the amendment would be presented to the Planning Commission to which he stated that tree earliest date would be in late April . Richard 3astian, 6225 Conejo Road , asserted that the citizens are • being held in the dark , that creekway property owners should have first input on creekway gevelcpment and opposed the f_rmatiOn of a mapping committee. Leonard bugger , 101761. Las Casitas, reported that he has seven acres on Graves Creek Road and opposed the concept of a 50 foot setback . Mayor Dexter assured Mr . Dugger that public hearings on that issue would be held and reiterated that the current discussion was to map the area only. Sarah Gronstrand , 7620 Del Ric Road , asked that the Council clear some of the confusion by clarifying for the public why biologists and engineers have been appointed to the committee. Henry Engen responded that currently there is a lack of good information on the creekway resource in the City. He stated that the General Pian calls for open space and protection of the creek and explained that many of the parcels are; owned by the City, school district and water company. He added that the purpose of the committee is to begin putting this information together. Mr. Engen stated that two members of the committee teach natural resources and can help to assess current vegetation and values present in the creekway parcels. He continued that a. major public analysis with a cross-section of people appointed to: a CC3/:3/90 Page 10 !, r sneering committee may later recommend plans that would be aperocriate for those areas and reiterated that the proposed General Plan amendment is a separate issue that will be brought to the Planning Commission for generous public input as it looks at questions with retard to creek bank/creek parcel setbacks , etc . Councilwoman Mackey asked the Community Development Director to clarify again the exact portion the creek that would be studied . Mr . Engen responded that the first priority is the area from the Capistrano bridge to the High School because the parcels there I are owned by the City and the school district . Richard Bastian proclaimed that outside influences are coming into the community with plans of developing the cree-ks . He stated that he did not think the Council was being up-front with the public . Larry Sherwin, 2-55 Campo Road , recapped that he and others mad asked the Council to take a loop: at the geek and map the area, to protect those areas of the creeks that need it and leave open these that do not . !tee thank=d the Council for establis` ing the =omrnittee and beginning the study a . the creek , Karen Riggs addressed .tie Council once again and . stated that Cn mooed the Council would keep separate the issues �* setbackand access as the study is conducted . MOTION: By Councilman Lilley and seconded by Councilwoman Mackey to appy--ve the creation of the Creekway Planning and Mapping Committee. Councilwoman Borgeson asked to discuss the motion before the vote. Ms. Borgeson statee that the public has every right to know what the Council is dying and should ask questions if they are confused. She expressed concern that the committee to map the creek will. be doing so while the proposed General Plan Amendment fcr a 50 foot creek setback may be going to public hearing before the Planning Commission as early as April 22, 1.990. She stated that she personally could not go along wito a specific 50 foot setback . Mayor Dexter asked for a voice vote on the motion to approve; which passed unanimously. image 11 REPORT TO COUNCIL Meeting Date: 12/11/90 CITY OF ATASCADERO Agenda Item: 6:00 STUDY SESSI( THROUGH: Ray Windsor, City Manager FROM: Greg Luke, Director of Public Works SUBJECT• Creekway Mapping Committee RECOMMENDATION: Review the creekway maps presented at the meeting and provide the Committee with instructions on how to proceed. BACKGROUND• r On March 13, 1990 the City Council appointed a technical committee consisting of three Atascadero School District representatives and three City staff members. The specific charge of the Creekway Committee was to produce maps of appropriate drainage courses which would serve as support data for creekway policy. The Committee was instructed not to become involved in the development of any creekway policies. DISCUSSION• The Committee has prepared creekway maps for Atascadero Creek from the Junior High School to San Gabriel Road. Information provided on the maps consist of: topographic contours, creek reservation boundaries, roads and bridges, property lines for adjacent lots, 100-year flood plain limits and the riparian habitat zone. The riparian habitat zone was mapped by members of the committee. Included in the agenda package is additional information which discusses the implications of the riparian zone. Full size prints of the creekway map will be presented at the Council meeting. Staff and the Committee are seeking direction from the Council on how to proceed. OPTIONS• 1. Direct the Committee to map the remaining drainage courses in the same fashion Atascadero Creek was mapped. 2 . Use the areas mapped to date to focus on policy issues. 3 . Direct the Committee to make changes to the mapping techniques. Coniferous trees I Deciduous' I trees Shrubs ; Sedges ; r and rushes Emergents I I I q. Water - 4 Aquatic _ , Riparian `,' Upland Zone , Zone Zone Iquatic f ;, Figure 3.1.--A generalized stream- or pondside riparian zone with adjacent aquatic and upland zones. Deciduous mesic riparian vegetation (e.g., willows, cottonwoods, alders) grows immediately adjacent to hydric plants in the aquatic zone, and to conifers in the more xeric upland zone. It is this terrestrial , moist-soil riparian zone, whose water is imported from a watercourse or aquifer rather than being provided only by local precipitation, that creates the conditions necessary for development of a riparian system (from Thomas, Maser, and Rodiek 1979a). 3.2 r Airflow u stream i p and downstream Distinct vegetative structures affects microclimate //�l/. / %✓lam. /� ,.. Water quality, quantity. • Narrow zone of influence ue ce Figure 4.3.--Zone of distinct riparian microclimate within' a riparian system. Notice that the microclimatic effects can extend ) beyond the outer limits of deciduous mesic vegetation. birds, bats and other mammals, and even for some reptiles, amphibians, and insects (Stevens et al. 1977; Wauer 1977; Thomas, Maser, and Rodiek 1979a). This phenomenon may have special significance in the Central Valley of California where linear riparian systems traverse the north-south length of the valley, a distance of 450 miles. Many species of land birds use ripar- ian corridors as they are sometimes the only available woodland environment through which the birds may traverse a geographic region while on migrating flights. In the riparian zone they find food and cover which may be unavail- able in adjacent uplands but a few feet away. 4.6 .� cc l O 0 WW W W W W Figure 4.2.--Edge elements in riparian systems. In addition to the edge elements created by vegetation changes in the cross-sectional struc- ture, internal edge elements are created by discontinuities (e.g., open glades , sandbars, oxbows) within the riparian vegetation itself. (Modified from Thomas , Maser, and Rodiek 1979a. ) Corridor Effect It is easy to see how linear riparian systems, with their shade, food, supplies, cover, and water, can become important corridors for the migratory and dispersal movements of wildlife. In some parts of the country, elk and deer consistently use riparian zones as migration corridors between summer and winter ranges, as illustrated in figure 4.4. Riparian corridors provide important migratory and dispersal routes for highly mobile species such as 4.5 RIPARIAN VEGETATION PROVIDES SUPPLIES DETRITUS SHADES ALTERS WATER TERRESTRIAL (ENERGY) TO STREAM QUALITY AND HABITAT STREAM QUANTITY 1 CONTROLS CONTROLS PRIMARY STREAM PRODUCTION TEMPERATURE FOOD. REST,ANO SOME EGGS FOOD FOR GROWTH RATES HABITAT SPACE HIDING FOR LAtO ON AQUATIC S LIFE CYCLES S QUALITY FOR EMERGENT ADULTS FOILAGE INVERTEBRATES OF AQUATIC AQUATIC INVERTEBRATES INVERTEBIEATES Figure 4.10.--Some of the more important relationships between riparian vegetation and stream components, including aquatic insects. (From Knight and Bottorff 1984). species such as willows and cottonwoods could not reproduce. It also pro- vides important substrates for aquatic insects, and escape and resting cover for many fish species. Organic Input The dead organic matter or detritus (leaves, twigs, branches), and to a lesser extent live invertebrates, from riparian vegetation are important sources of nutrients, especially to headwater streams. Up to 99 percent of the annual energy input, the food base for entire aquatic communities, comes from streamside vegetation in these situations, especially where there is a dense forest canopy (Fisher 1972; Fisher and Likens 1973; Hubbard 1977; Cummins and Spengler 1978; Merritt and Lawson 1979`). Annual values range from about 100 gm. per m2 to more than 1000 gm. per m2 (Bray and Gorham 1964; Anderson and Sedell 1979; Knight and Bottorff 1984). 4.25 APPENDIX A Plants Alkalai mariposa Calochortus striatus Amargosa nitrophila Nitrophila mohavensis Ash Meadows gum plant Grindelia fraxino-pratensis Bigleaf maple Acer macrophyllum Black-banded rabbitbrush Chrysothamnus paniculatus Blackberry Rubus ursinus Black cottonwood Populus trichocarpa Black oak Quercus kelloggii Black walnut Juglans hindsii Blue elderberry Sambucus sp. Blue oak Quercus douglasii Box elder Acer negundo Buckwheat Eriogonum spp. Buttonwillow (buttonbush) Cephalanthus occidentalis California bay Umbellularia californica California buckeye Aesculus californica California ditaxis Ditaxis californica California fan palm Washingtonia filifera California scalebroom Lepidospartum squamatus California sycamore Platanus racemosa California wild grape Vitis californica Catclaw Acaciarg egii • Cheeseweed Hymenoclea salsola Coast live oak Quercus agrifolia «» Coast redwood Sequoia sempervirens Coyote brush Baccharis pilularis consanguinea Creek dogwood Cornus californica Desert almond Prunus fasciculata Desert-lavender Hyptis emor i Desert willow Chilopsis linearis Elderberry Sambucus caerulea S. mexicana Fig Ficus carica Fish Slough milk-vetch Astragalus lentiginosus var. piscinensis Fremont cottonwood Populus fremontii Hot Springs fimbristylis Fimbristylis spadicea Interior live oak Quercus wislizenii Ironwood Olneya tesota Knapp's brickellia Brickellia knappiana Los Animas colubrina Colubrina californica Mountain Springs bush lupine Lupinus excubitus var. medius Mugwort Artemisia douglasiana A. suksdorfii Mule fat Baccharis viminea Oregon ash Fraxinus latifolia Oregon oak Quercus garryana ` Owens Valley checker mallow Sidalcea covillei A. 1 Pal • o Verde Cercidium floridum Parish's alkali grass Puccinellia parishii Poison oak Rhus diversiloba Ponderosa pine Pinus ponderosa Rabbitbrush Chrysothamnus sp. Red alder Alnus rubra Red Rock tarweed Hemizonia arida Rose-mallow Hibiscus californicus Sagebrush Artemisia tridentate Salt cedar Tamarix spp. San Bernardino bird's beak Cordylanthus eremicus,bernardinus Scrub oak Quercus dumosa Sitka spruce Picea sitchensis Smoketree Dalea spinosa Sodaville milk-vetch Astragalus lentiginoses var. sesquimetralis Spring-loving centaury Centaurium namophilum var. namophilum Squaw baccharis (squaw waterweed) Baccharis sergiloides Tecopa bird's beak Cordylanthus tecopensis Toyon Heteromeles arbutifol%a Tree tobacco Nicotiana glauca Valley oak Quercus lobata White alder Alnus rhombifolia Wild rose Rosa californica i I • II A.2 MEE7!NG AGENeA ITE.m r Approved as Amended 1/' ATASCADERO CITY COUNCIL M Z`I U T ES DECEMBER 11 , 1990 Mayor- Pro-Tem Shiers caired the meeting to ' order- at _:07 p .m . I-e Pladg= of Alle^y :arce was defsr-?d until after _ommencemen`. o ` the regular session. ROLL CALL: Bocgeson Present : Councilmembers Shiers,/ Nimmo , Dexter and Mayor- Lilley (6: 19 p .m. ) Also Present : Muriel Korba, City Treasurer and Lee Dayka, City Clerk Staff Present : Ray Windsor , City Manager ; Art Montardon. City Attorney; Mark Joseph , Administrative Services Director; Henry'; Engen, Cammuni }v Development Director ; Steve Decamp , Ci ty Planner; Greg Luke, Public Works Director ; Andy Takata, Director of Parks. Recreation Zoo ; Mike Hicks, Fire Chief and Hud McHale, Police Ch le- CREEKWAY MAPPING STUDY SESSION Greg Luke, Public Works Director, gave an overview of the staff report using naps to illustrate the areas studied . He pointed out that the :naps provided information on topographic contours, creek reservation boundaries, roads and bridges, 100-year flood plain, as well as the ri=arian habitat _ones. He emphasized that the committee did not map structures (or other human intrusions into the creek ) , ownership status, current pools of water, specialized biological features, soil type, social activities ( trails, picnic areas or teen hang-outs)' , scenic areas, archaeologically significant areas and utility or access easements. Mayor Pro-Tem Shiers indicated that the study ,session was not a public hearing , but opened the floor for comments. CC12/11/90 • Page 1 Psb! is Comments : • =arah Gronatrand . 762 091 R1 Roams' , a=_':ed the Director_ ':o cescribe _he Purpose of :ne = ,:­?kwa;i :napp tng . Mr . Luke exp1a; ned that l ' was r. 9:1ab _e staff to co1 .ect and presen data to t12 Council t0 be used d5 3 t3oi for farmu?`t r:g a creekway managing policy. Mrs . Grcnstrand stated that e-.^.sion is a r?atu-al Grocas3 anc! human activity increases the rate of erasion. She noted tha': there were col-gals and dog runs in the various creeks cf Atascadero and asked Mr . Luke if during the mapping process structures of this type were noticed and mace ed . The Public Works Director indicated that the committee was aware of human activity in the creek , but had not mapped them. On the street in which she lives, Mrs. Gronstrand explained , there is a corral in the creek . She reported that sqe had contacted :he Health Department and was told that there was nothing they could do . She expressed deep concern for what she described as a health menace. (Mayor Lilley arrived and apologized for being late. He explained that he was participating in the Hospice Lich: Up a Tres Ceremony. ) Roger Zachary, ?800 Traffic Way, indicated that he was a biologye 9 Y, teacher and a member of the creek mapping committee. He recommended that the Council address identified areas owned by the City, develop those portions of the creek to some extent and incorporate an educational program to enlighten the community on the sensitivity of this valuable resource. Eric Greening, 7365 Valle, referred to a suggestion (made by Councilwoman Borgeson at another Council meeting) to calender the matter of off-road vehicle use in the creek bed and asked if any action had been taken. The City Manager noted that, in response to Councilwoman Borgeson' request, the police chief had submitted a report. He indicated that the report is in the pending agenda file with a notation that the matter parallel or come after a discussion on the creek. He added that the whole issue of mapping the creek was triggered by a request from a planning commissioner to re- establish a fifty-foot setback on the creek and explained that for Council to determine whether this was appropriate, had directed staff to study the creek . CC12/11/90 Page 2 • Councilman Dexter commended staff for to o pot that without the inFormation, Council could'' rnotrmaked emphasized Policy decisions. appropriate CJuncllwomar' aorgesen .agreed and expressed concern for 'ehi:les , dog runs and the like in the craek . c off-read the Council take action. to , he suggested that a p. ah i b i ,, such uses. I-he mayor concurred that it was necessary to re activities that palluto regulate the staff to o. artificially alter the creek that thecAnd asked .;e issues, ye indicated that the mapping that had been done so '-4e had been helpful and was supporti ,e aF the process being continu=d . There was consensus among the Council to continue- with the creek mapping and direct staff to draft a creek preserve protection ordinance. The City ,Managee asked Council to clarify the issue of setbacks. Council agreed to defer land use matters relating to the creek until precise parameters are established. The study session was closed at 6:51 •Cwas called to order at 7:02 T elm g The regular meeting led by Councilman rIimmo . p'm' he edge of Alingiarce was PROCLAMATIONS: M3,or Lilley rea(j tine MoDebr- proclamation for "SOC Silver Anniversary .i th , December .. 1990 and .-e p rented it ',' ta Si Executive Direct _ Steinberg , br of :he =conomic Opportunity Commission. Ms . Steinberg invited all to the 25th anniversary celebration to be held an December 14, 1990 in San Luis Obispo . COUNCIL COMMENTS; Councilwoman Sorgeson expressed appreciation an behalf of the Council to all members of =staff who participated in sending Christmas packages overseas to the troops in the Middle East in lieu of exchanging gifts. The effort, she reported, was coordinated by Georgia Ramirez. In addition, Councilwoman Sorge=on announced; that she had been appointed to t:,e County Water Advisory Soar-,J and that she would be happy to present re-arts to the Council cn P',their meetings. Councilman Dexter reported that the next "Pride Daze" effort to CC12!11l90 Page 3 de-trash Atascadero would be Friday, December lc,, Manager indicated that the clean-, cit, , 7:00 a.m, at the ^ p Session woucommerce ld commerat downtown. fire station and the rocus would be .n .he Mavor Lillay recoyr.iZed the great work done b Wi '_Kins. Bob �?� Sue B `t Bonnie 3 bob Brown, a=_ well as others who participat-:C 3t the Hospice Tree Lighting ::firemen n•= e ld earl i_r in the e:•.enirig , COMMUNITY FOR Ms Sarah Gronstrand , Co-17hairpersor of the Friend, of the Lake Pavilion, gave an update on fund-raising erforts . =he n that she had brought 'or pr „ ote_ 9 s a • the hand-made Lake Pa./ ; t ior• Quilt---ore of the many spec• al prizes to be ra'fl'ed « an= indicated that she had tickets available for purchase. Erika Banner, representing the a. I .A. , presented the ,na•;_r �,ito a check for e1 ,300 to be used to provide additional ligh : .,�g for the Rotunda, Larry Sherwin, ?-Sa Campo =cad spoke out against pr nosed .^.sandatory garbage coil=ction arc the service being p:-o:• id=d b / t'- B pre5erlt trash hauler- . i-,-n c7mplained that earlier in then W I -Mar OlsposaI huo t; ad rct h* ai::�:ed garag= can=_ i h neighborhood anal relayed that , as a resint ^ _ w' _ � - everywh�?re, r t. 351 as Cn another natter , Mr , Sherwin asked the Council wh : was continuing to allow subli - ision, and condcmin; _;,n t consrt• r� during a time of water ^3tioninq, C n A. CONSENT CALENDAR: Mayor- Lilley r.2ad the C=nser!t Cilend-4r as fel Ioar:9 : 1 . NOVEMBER 27, 1990 CITY COUNCIL MINUTES 2. NOVEMBER 29, 1990 CITY COUNCIL/PLANNING COMMISSION MINUTES U ES 3• CITY TREASURER'S REPORT — OCTOBER 1990 4• FINANCE DIRECTOR'S REPORT — OCTOBER 1990 S. RESOLUTION NO. 126-90 — ADOPTION OF ANNUAL CITY INVESTMENT POLICY CC22!I1,90 Page 4 • I REPORT TO CITY COUNCIL • CITY OF ATASCADERO ITEM: p-2 Through: Ray Windsor, City Manager Meeting Date: 10/8/91 Via: Henry Engen, Comm. Dev. Director From: Steven L. DeCamp, City PlannerP SUBJECT: Resolution permitting temporary sewer hook-up to 5270 San Anselmo. BACKGROUND: The attached letter has been received from Diana Bauer who lives at 5270 San Anselmo, and has experienced a leach field failure which must be rectified. The Bauer property is outside the Urban Service Line and is designated on the General Plan as Suburban Residential and zoned for RS Suburban Residential (2 1/2 to 10 ';acre minimum lot size) . The Urban Services Line runs down the middle of San Anselmo and sewer service is available to the property. However, the General Plan precludes extension of urban services ''beyond the Urban Service Line without an amendment to the General Plan. In the case of the Bauers, this would require the relocation of both the Urban Service Line and designation to a different residential land use appropriate to receiving sewer service, i.e. , high, low, or medium density single family. (The property across the street is generally planned for High Density Single Family and zoned for LSF- X, 1/2 acre minimum lot size) . The proposed General Plan Update, which is under review by the Planning Commission, proposes extending the Urban Services Line along San Anselmo to include the frontage presently unserved. It is problematic as to what length of time it will take to consider this recommendation and possibly resolve the Bauer' s problem through the course of the overall update. Related to the cost implications to the Bauers is the fact that the Sanitation Code, under Section 7-3.003, requires, that buildings connect to the public sewer within 24 months after the public sewer is available to them. In this instance the sewer would become available were the General Plan Urban ServiceLine boundary changed. The Sanitation Code enables the granting, of variances as to hook-up time. This situation parallels that of Mr. and Mrs. Don Kline who own the parcel next door (5300 San Anselmo) . In February of 1990, the Council authorized an emergency hook-up of that address to resolve their identical situation. (See attached 2/13/90 Council minutes excerpt.) ACTION REQUESTED: Adopt Draft Resolution 100-91 authorizingan • emergency sewer hook- up at 5270 San Anselmo and authorize the manager to enter into the attached agreement for said sewer service. SLD:ps Attachments: October 2, 1991 Letter Location Map Draft Resolution Draft Agreement cc: Diana Bauer • RESOLUTION NO. 100-91 A RESOLUTION OF THE ATASCADERO CITY COUNCIL. PERMITTING TEMPORARY SEWER HOOK-UP TO 5270 SAN ANSELMO ROAD WHEREAS, Donald and Diana Bauer, residing at 5270 San Anselmo, have experienced a septic leach field failure on their property resulting in a health hazard; and WHEREAS, said property is located in the Suburban Residential (RS) land use designation in the General Plan and is adjoining--but is beyond--the Urban Services Line; and WHEREAS, the Draft General Plan Update is recommending that the frontage properties on both sides of San Anselmo be included within said Urban Services area; and WHEREAS, processing of either an independent General Plan Amendment or awaiting the results of said General Plan recommenda- tion could not be done in a timely way with respect to the failed system on the Bauer property; and WHEREAS, the City Council does not wish to see the Bauers • incur the costs for a new septic system given the strong likeli- hood that they will be subsequently forced to connect to the sewer system should the General Plan recommendation cited above be enabled; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City Council agrees to permit the Bauers, at their expense, to have a temporary sewer hook-up to 5270 San Anselmo; 2. Establishment of said temporary hook-up into a permanent ser- vice shall be contingent on amendment of the General Plan enabling this action; 3. Said temporary service shall be contingenton the Bauers agreeing, in writing, to immediately disconnect said service and repair said septic system and hold the City harmless should the contemplated General Plan Amendment not be approved. In such event, City shall refund sewer annexation fees and other charges, less administrative costs for providing such service. On motion by , seconded by , the foregoing resolution is hereby approved • on the following roll call vote: RESOLUTION NO. 100-91 • Page Two AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: • ALDEN F, SHIERS, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney APPROVED AS TO CONTENT: HENRY ENGEN, Director Community Development • SII City of Atascadero 6500 Palma Av . Atascadero , CA 93422 Attn : City Council Members Re: Emergency Sewer Hookup at 5270 San Anselmo This letter is reauestinq we be nut on the consent calendar of October 8 . 1991 . We need an emergency resolution to allay us to hookup to the city sewer systems . Donald and Diana Bauer of 5270 San Anselmo Road are reauestina this' -as our septic system has failed on this property and i-5 resulting in a health hazard. Our property is' adioinina but. beyond the Urban Services Line - however , there is <a t+th into our property . Our septic tank was pumnod on July 30 . and •wain on S^otrrmber 2.6 . and we were aone from September 1 to Sentember 24 . It costs Lis • $ 105. 00 each time i t is pumped. Inaram & Greene Company did the inspection and pumnina and said we need •=t new system as the field is plunged and the t.=-ink wall-, =ir­ h.-id . When the Urban Services Line is moved by adoption of the New General Plan we undoubtedly will be reauired to hookup to the city sewer system and any monies spent to put in a new septic system will be money wasted. We are asking that we be allowed an aareement with the City of Atascadero . the same as Don & Joyce Cline at 5300 Son Atis,�, lrno under Resolution number 17-90 , a copy of which'''+± is attached. We also ask that the City of Atascadero accept', the signature of Diana Bauer only as my husband is employed in Saudi Arabia at this time and to require his signature would held un issuinaa permit and the installation work . Respectfully submitted , Diana Bauer enc: • II, r , two" •� '�'• ii ice , � ,_�'� MEN ♦ Cil.�a 4 all its AGREEMENT REGARDING RESOLUTION 100-91 This Agreement is entered into this day of 1991, by and between the City of Atascadero, hereinafter referred to as "City" and Diana Bauer, hereinafter referred to as "Bauer" and made with reference to Resolution No. 100-91. ' RECITALS WHEREAS, Bauer who resides at 5270 San Anselmo, Atascadero, California has a septic leach field failure on' their property resulting in a health hazard; and WHEREAS, said property is located in the Suburban Residential land use designation in the General Plan and is adjoining but beyond the Urban Services Line; and WHEREAS, City has recommended, pursuant to Resolution No.,. 100-91, that Bauer be permitted to have a temporary sewer hook-up to 5270 San Anselmo to avoid unnecessary costs of making their septic system operable since Bauer desires to hookup to the sewer in the near future. IT IS HEREBY AGREED: 1. That the City does hereby grant to Bauer the right to establish a temporary hook-up of their property at 5270 San Anselmo, Atascadero, California to the City' s sewer system at the sole expense of Bauer. 2. In the event that the City establishes a permanent sewer service for the frontage properties on both sides of San Anselmo within said Urban Services area pursuant to a General Plan Update, the Bauer hookup shall become a per- manent service to the system. 3. During said temporary service hookup, the City does hereby waive the requirement of Bauer to fill, cover up, or in any way eliminate the septic system on the Bauer property until the permanent service is approved. 4. In the event that the contemplated General Plan Amendment is not approved, Bauer agrees to immediately disconnect the sewer service and to repair their septic system to make it operable, and does hereby release the City from any liability with regard to the failure to approve the General Plan Amendment. In such event, the City shall refund to Bauer the sewer annexation fee and other charges less the administrative costs of providing such service. S5. This Agreement shall bind the parties hereto, their heirs, administrators, successors and assigns. RESOLUTION NO. 100-91 Page Three 6. The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. 7. This Agreement contains all agreements of the parties with respect to any matter herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Agreement may be modified in writing only signed by the parties in interest at the time of the modification. DATED: BY: DIANA BAUER CITY OF ATASCADERO DATED: BY: • 4. LETTER FROM DON KLINE REQUESTING EMERGENCY GENERAL PLAN AMENDMENT - Staff request direction Henry Engen gave staff report requesting the Council give direction to respond and gave a number of alternatives . He stated that since the agenda had been circulated , he had come up with one other alternative. Mr . Engen presented draft Resolution No . 17-90 and described it as the most expeditious. Mr . Engen explained that the resolution would ( 1 ) enable the Kline ' s to , at their expense, have a temporary sewer hook-up at 5300 San Anselmo , (2) establish the temporary hook-up to permanent service contingent upon amendment to the General Plan enabling the action and 3 ) establish that such ' temporary service be contingent upon the Kline ' s agreementin writing to immediately disconnect said service and repair said septic system, and hold the City harmless should the contemplated General Plan Amendment not be approved ( in such event , the City would refund the sewer annexation fees and charges appropriate) . • Brief council comments followed . Mayor Dexter recognized the need for an emergency action. The City Attorney stated that he had approved the resolution for content earlier in the day. Public Comment : Don Kline, 5300 San Anselmo , thanked the Community Development Director for his efforts and asked the Council for direction in establishing an agreement with the City to revamp the system if the General Plan Amendment did not go through. Mr . Engen suggested that Mr. Kline have his attorney draft an agreement including his proposal for review by the City Attorney. Mr . Kline agreed to his recommendation. MOTION: By Councilwoman Mackey and seconded by Councilwoman Borgeson to approve Resolution 17-90 permitting temporary sewer hook-up to 5300 San Anselmo •, passed unanimously by roll call vote. rNDIV-MUAL DETERMINATION AND/OR ACTION: 1 City Council : A. Committee Reoorts: City/School Committee - Mayor Dexter reported that the • CC2/ 13/90 Page 12 t, REPORT TO CITY COUNCILenda Item: D-3 • CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 10/8/91 From: Mark Joseph, Administrative Services Director SUBJECT: Status of Outside Personnel Services Contract with Becker & Bell RECOMMENDATION: Staff is seeking Council direction on the status of the Contract with Becker & Bell for labor negotiating and other professional personnel services. BAC1CaR0UND The contract with Becker and Bell has been in effect since March, 1982. In 1989 the contract was modified to allow an hourly rate of $75.00, _for personnel-related services outside the scope of the original contract (e.g. , representing the City in personnel action appeals) . Excepting this adjustment, the cost has been a monthly retainer of $900.00 plus expenses. With the adoption of multi-year agreements for all units (except Mid-Management, which is handled informally) and the fact that no formal negotiations are anticipated until Spring, 1993, it is timely to reconsider the status of the contract. ANALYSIS There are at least three reasons for terminating our agreement with Becker & Bell, none of which should be considered as a lack of confidence in the firm's qualifications or performance. The three reasons are set forth below: 1. Periodically going out to bid for professiongl services is good business. After almost ten years, it may be worthwhile to "test the waters" . We may not find better rates, but it may be beneficial to consider other firms' approaches. 2. Staff has begun to rely more upon the City Attorney for personnel services. This is particularly the case with disciplinary matters. 3. Considerable cost savings are available. Insofar as we will not be utilizing labor negotiation services for over 12-14 months, savings of up to $12,000 are possible. In contrast to these issues, there are certain advantages to retaining the same firm, for example, stability, quicker response • time (in the event negotiations are unexpectedly reopened) and the likelihood of higher costs in the long run (the basic retainer has never been raised and provides for unlimited negotiating time) . a:beckerbell . REPORT TO CITY COUNCIL AGENDA ITEM: D-4 CITY OF ATASCADERO THROUGH: Ray Windsor, City Manager Mtg. Date: 10/8/91 VIA: Henry Engen, Community Development Director FROM: Steven L. DeCamp, City Planner SUBJECT: Downtown Street Identification Signs and Support Poles DIRECTION RE ULSTED: 1. Consideration of the Interim Downtown ' Sign Committee recommendation to purchase and install traditionally designed street identification signs and poles in the downtown. 2. Calendar endorsement of the design of additional street furniture and street improvements for the downtown. BACKGROUND: A meeting of the Interim Downtown Sign Committee occurred on Monday, September 30, 1991, for the purposes of reviewing the design and cost estimate of downtown street identification signs and support poles. The Committee also reviewed and supported the selection of additional street furniture and a street improvement design for the downtown. ANALYSIS: The downtown street identification signs are composed of a new free-standing pole, attached new street identification sign blades and existing traffic control signs. The post and blades have a 1920' s appearance and have been designed and chosen to be compatible with the downtown street lights. A conceptual design of the new street identification sign blade and the existing sign blade are shown on Attachment A. The custom sign design is double sided and will be painted a non-reflective dark green and ivory to match the established theme of the Downtown Sign Program. The proposed support pole (see Attachment B) was chosen due to the round base, fluted accents and three inch support ', pole which will be compatible with the existing street lights. The pole will be painted black to match the period color and existing lamps. The • custom street identification signs will be secured to the pole with special bolts to prevent vandalism. If the Council accepts the proposed sign design the signs may be e*_ her purchased separately or in quantity. The attached downtown ME specifies the proposed intersections where the sign would be apropriate. The following cost estimate of the street identification signs has been prepared for your consideration: Prototype Pole . . . . . . . . 298.28 Sign Blade . . . . . . . 325.00 10% Contingency . . . . 60.00 Total Cost . . . . . . . $683.28 for one sign Street Identification Sign Program Poles (21) . . . . . . . . 5, 170.20 (246.20 ea. ) Sign Blades (42) . . . . . 4,473.00 (106.50 ea. ) 10% Contingency . . . . 950.00 Total Cost . . . . $10,593.20 for 21 signs As an option to receive the substantial cost savings of buying the signs in quantity, at least 12 poles and 25 signs must be purchased at one time (Total Cost $6,166.90 for 12 signs) . Installation and miscellaneous materials can be provided by the City's street crew at $100.00 per sign and fitted into their normal work schedule. In addition to the existing street lights and proposed street identification signs there are a number of supplemental 1920's period street furniture elements which can be considered. The attached Downtown Street Furniture drawing represents a family of possible elements (existing street light, proposed street identification sign and pole, safety bollard, trash receptacle, and wrought iron/wood bench) that can compliment the downtown image. Although the Downtown Master Plan does refer to providing street improvements within the downtown such as special paving and a landscaped median along E1 Camino Real, it does not provide specific designs nor an implementation schedule. The Community Development and Public Works Departments have been coordinating the feasibility and design of completing a pedestrian oriented street improvement plan for the intersection of Palma and Entrada Avenues. With the proposed street furniture and street improvements completed and installed, this central downtown intersection would achieve a complete image of what the downtown character may be in the future. Attachments: A - Proposed Street Identification Sign Blade B - Street Furniture C -Downtown Sign Location Map ST-ID.2/rbm ��� '�.�tT•� �'q�T '�'�''.�". � 'Jr y� ';:.' `:.�4°' ? }�,�-�--��''�:>}��'�r����.y��-- � -�*-ati� "Kti i �r" ).a Ia � � ♦l.`p�+. W,,� is a �"" �.y �G=.':� I� t.ti.s � f� Y; "w;�,yf'j' r ;ti +' � � c,.it I � r � f`yf,.. !G• ` �, �` 'L,�: ." �` . �i` �1 � - �j�-..�++•tir r •Y `v �f _ .�' '"fl '.. 'I 7 'rt rr�e77"fI'i�S'iC'�� • ����j� � ►�Q� f'K --1� � � !��'��'�3o1�i31� ayl*r}�,l"� ;i�w'�� i -PAK_.L �j!rwJ'"K-''.r{�.--..ti�Y,Jl�jr � �•'��r Win. ,-•r �.�^.]'�-II-_'—.^-.�v._..r.-'_: ��� �� y�.11tw_ ..'.►`j;���fP,<�i '.a� iY�"�J:t ��1'G.. - ✓t,'�-�Wty. `VwRj��� ���y�-'�• jr- h ! [ f - L..+ ���=' '..t.•-rid`';'"_�F:��.7�.!i.- � _ _ %•�i.�Yr3 j��.�-;�y a-,Y�`=Pvv �� ?'..e,7.- - �L(�..�.�a.�.. _ CITY OF ATAS:..ADERO ATTACHMENT B COMMUNITY DE EELOPMENT PROPOSED STREET FURNITURE DEPARTMENT EXISTING ST. LIGHT, SO A POLE, BOLLARD, TRASH >; BEN rrll i I I ISI i II`I (I'I II I Ir �l �I I � oo� o 1 �e sl ss��e 6• • I CITY 05 :-_�'ASCADE ATTACHMENT C ..`,;, ,,,.►, COMMUN : .` DEVELOPMENT DOWNTOWN SIGN COCAT ION MA DE 7M. ENT � L � ► I i w »s Downtown Boundary P Ma . .- _ _ 09 LEGEND �""�� Downtown Boundary 0 STREET IDENTIFICATION SIGN LOCATION • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-5 Through: Ray Windsor, City Manager Meeting Date: 10/8/91 From: Alicia Lara, Personnel Coordinator "' SUBJECT: Adoption of Ordinance No. 231, authorizing an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City of Atascadero.- RECOMIENDATION: Adopt Ordinance No. 231 on second reading by ''''title only. BACKGROUND: On September 10, 1991, the City Council conducted a public hearing on the above-referenced subject and approved Ordinance No. 231 on first reading. AL:cw Attachment: Ordinance No. 231, with Exhibit • 1 ORDINANCE NO. 231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ATASCADERO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City of Atascadero does ordain as follows: Section 1. That an amendment to the Contract between the City Council of the City of Atascadero and the Board of Administration, California Public Employees' Retirement System is hereby authorized. A copy of said amendment is attached hereto, marked "Exhibit A", and by such reference made a part hereof. Section 2. Authority The Mayor of the City of Atascadero is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City of Atascadero. Section 3. Publication The City Clerk shall cause this ordinance to be published once within fifteen ( 15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date This ordinance shall go into effect in full force at 12:01 a.m. on the 31st day after its passage. On motion by Councilperson and seconded by Council- person , the foregoing Ordinance is approved by the following roll call vote: AYES: NOES: ABSENT: Ordinance No. 231 Page 2 ADOPTED: CITY OF ATASCADERO ATTEST: By: ALDEN F. SHIERS, Mayor LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney • Ordinance No. 231 Exhibit "A" `q�`�►O Page 1 O AMENDMENT TO CONTRACT ^e BETWEEN THE BOARD OF ADMINISTRATION s/C/V OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEMy/� AND THE CITY COUNCIL 04 . OF THE l�''- CITY OF ATASCADERO The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective April 19, 1980, and witnessed March 19, 1980, and as amended effective July 1, 1980, April 30, 1983, January 7, 1984 and July 14, 1990, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective July 14, 1990, and hereby replaced by the following paragraphs numbered I through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 19, 1980 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS Ordinance No. 231 PLEASE DO NOT SIGN "EXHIBIT ON11r" Pageb2t ..A .. - 5. This contract shall be a continuation of the benefits of the contract of the Atascadero Fire Protection District, hereinafter referred to as "Former Agency", pursuant to Section 20567.2 of the Government Code, Former Agency having ceased to exist and having been required by law to be succeeded by Public Agency on July 1, 1980. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed said Section effective January 1, 1988. a. Service performed for the former agency prior to July 1, 1980 shall be subject to the terms and conditions of the former agency's contract as it was in effect at that time. Service performed after July 1, 1980 shall be subject to the terms and conditions of this contract. For purposes of computing retirement allowances, separate calculations shall be made for service performed under each contract. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 8. Public Agency elected to be subject to the following optional provisions: a. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2 (Increased 1959 Survivor Benefits) for local safety members only. b. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance)for local miscellaneous members only. 9. Public Agency, in accordance with Government Code Section 20759, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20759, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20759. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. Ordinance No. 23: Exhibit "A" Page 3 b. A reasonable amount, as fixed by the Board, payable in one installment as t occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and of the periodic investigation and valuations required bylaw. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its,employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation If'more or less than the correct amount of contributions.is paid for any period, proper,adjustment shall be made in connection-with subsequent remittances. -Adjustments iin account of errors in contributions regtired of an,, employee' may be. made by direct payments between the employee and the Board. _ . B. This amendment shall be. eff-AVive on the day of BOARD OF ADMINISTRATION \�~ CITY COUNCIL PUBLIC EMPLOYEES' RETI NTSYSTEM OF THE 1� CITY OF ATASCADERO BY BY CHIEF, CO 4 SERVICES DIVISION Presiding Officer PUBLIC EYEES' RETIREMENT SYSTEM 'Witness Date^N �v 0 Attest�� Clerk PERS-CON-702 (AMENDMENT) (Rev. 3/91)