HomeMy WebLinkAboutAgenda Packet 10/08/1991 RRIC REVIEW CTT #
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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
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COMMUNITY FORUM:
The City Council values and encourages exchange of ideas and
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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
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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)
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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.
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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
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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
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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
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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 •
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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
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• 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
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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
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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
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CITY OF
ATASCADERO Location Map (Gen. Plar
COMMUNITY DEVELOPMENT
TPM #07-91
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ATTACHMENT D
CITY OF
ATASCADERO Negative Declaration
TPM #07-91
COMMUNITY DEVELOPMENT
DEPARTMENT
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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
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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
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• 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)