HomeMy WebLinkAboutAgenda Packet 02/25/1992 # PU3LIC F EVIEW COPY #
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* NOTICE: The City Council will meet in a special (open session at
6:00 p.m. , 4th Floor Rotunda Room, for purposes of mid-
year budget review and audit report. ;
AGENDA
ATASCADERO CITY COUNCIL
REGULAR MEETING
CITYADMINISTRATIONBUILDING
6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM
FEBRUARY 25, 1992
?: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 tak-
en shall include: A referral to staff with specific 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 execute agreements
pertaining to the item; adoption or approval; and, disapproval.
E
Copies of the staff reports or other documentation relating to
each item of business referred to on the agenda are on file in the
office of the City Clerk (Room 208) and in the Information Office
(Room 103) , available for public inspection during City Hall busi-
ness hours. The City Clerk will answer any questions regarding the
agenda.
RULES OF PUBLIC PARTICIPATION:
* Members of the audience may speak on any item on 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; thejspeaker may
respond but, after the allotted time has expiied, 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:
J
• Presentation of Stork Pins to Firefighters (Acting Chief
McCain)
Proclamation:
• American Red Cross, S.L.O. County Chapter, "75th Birthday
Celebration", March 11, 1992
COMMUNITY FORUM:
The City Councilvalues and encourages exchange of ideas and
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 willbeenforced:
* 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 (See Item D-1)
4. Economic Opportunity Commission
5. City/School Committee
6. Traffic Committee
7 County Water Advisory .Board
8. Economic Round Table
9. B.I.A.
10. Colony Roads Committee
2
1
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:
E
1. CONSOLIDATED TREASURER'S REPORT - JANUARY, 192
2. RENEWAL OF RETIRED SENIOR VOLUNTEER PROGRAM (*SVP) CONTRACT
3. 1991 SAFETY AUDIT (Informational)
4. CADET FIREFIGHTER PROGRAM
C. HEARINGS
1. FACTORY OUTLET RETAIL CENTER Public Hearing to consider cer-
tification of Final Environmental Impact Report and approval
of proposed 89,067 sq. ft. Factory Outlet Shopping Center at
2100 E1 Camino Real (southwest corner of Dei. Rio Rd.- & El
Camino Real--Netanel, Inca/Golden West Development)
A. Ordinance No. 240 - Amending Map 4 of the Official Zoning
Maps by rezoning certain real property at2100 E1 Camino
Real from CN to CPK (PD1) (Commercial Park Planned Devel-
opment No. l) (Zone Change 09-91 - Camino Real Fashion
Outlet/Golden West)
(Recommend motion to waive reading in full] and approve on
first reading, by `title only)
B. Tentative Parcel May 07-91 Combining five (5) lots into
two (2) lots (6.96 ac. center and gas station site)
C. Conditional Use Permit 04-91 -Approving the Camino Real
Fashion Outlet Center
2. URGENCY ORDINANCE NO. 239 - Consideration of Urgency Ordinance
to permit public animal hospitals as an allowable use in the
CT Tourist Commercial Zone (4/5 vote required)
(Recommend motion to waive reading in full 4nd approve on
single reading, by title only)
3
D. - REGULAR BUSINESSz
1. TENTATIVE PARCEL MAP 91-009 9300 CORRIENTE - FINDINGS FOR
DENIAL OF PROPOSED DIVISION OF 8.21 ACRE PARCEL INTO TWO 4.1
ACRE LOTS (Young/Cuesta Engineering)" (Cont'd from 2/11/92)
2. PROPOSED RENEWAL OF DAVE TRANSPORTATION SERVICES, INC. , DIAL-
A-RIDE CONTRACT
3.: APPOINTMENT OF NEW MEMBERS TO THE RECYCLING COMMITTEE
4. D.A.R.E. PROGRAM DONATION OF VINTAGE CAR
E. INDIVIDUAL DETERMINATION AND OR ACTION:
1. City Council
2 City Attorney
3. City Clerk
4. City Treasurer
5. City Manager
4
MEETING AGENDA
:)ATE2 25 92 TEM# 6:00 Sessi
M E M O R A N D U M
To: City Council
From: Ray Windsor, City Manager
Subject: Financial Status Report
Date: November 26, 1991
At a recent agenda review meeting, interest was expressed in
seeing a financial profile of the City prior to years ' end and mid-
year budget review. Attached is that information'.
Looking ahead to the mid-year review at the end of January or
the first meeting in February, I will not be recommending any sig-
nificant changes and certainly none in personnel:. Looking even
further ahead, unless the economic picture improves, we may have to
consider some reductions, including personnel, and we are prepared
to address this, if necessary.
Also attached for your review is a memo from Mark on the tub
grinder financing. We are moving ahead on a joint '.powers agreement
with Paso Robles, and our share of the project is', included in the
CIP. However, as we get to the mid-year review, his concerns/sug-
gestions may deserve further consideration.
Please don't hesitate to contact Mark or myself for additional
information/clarification.
RW:cw
Attachments
M E M O R A N D U M
Date: November 26, 1991
To: Ray Windsor, City Manager /
From: Mark Joseph, Administrative Services Directorll
Subject: Financial Status Report: As of October 31, 1991 ;f
The attached table relates to the General Fund Status as of
October 31, 1991. Some explanatory notes are in order.
Table One presents last year actual, current year budget,
current year-to-date and prior year-to-date. Budget-to-Actual and
Prior Period Comparisons are made. The table is set up so that
negative percentages are unfavorable, either as a revenue shortfall
or an over-expenditure. The table concludes by comparing revenues
less expenditures. The table also includes comments to assist in
clarifying significant variances, and/or expenditures.
Overall, revenues are running below budget and below last
year. Expenditures (less one-time capital) are slightly above
projections, but slightly below last year. Were the City exactly
at its 12 month pro-rated revenue and expenditure percentage
(33.3$) , the variance from last year would actually have improved
by over $500,000 ($343,000 instead of $854,500) due to the fact
that our revenue projections are running at 22%. However, the
record should show that revenues do not flow evenly and, in fact,
the bulk of property taxes are received in December and April.
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M E M O R A N D U M
Date: Nomb 25,ve er 1991
To: Ray Windsor, City Manager
From: Mark Joseph, Administrative Services Director G (� ���
Subject: Tub Grinder Financing
I spoke with Greg last week regarding his progress on the
joint purchase of the Tub Grinder with the City of Paso Robles.
Apparently, Mary Gayle' s legal response raised a question
regarding whether we could afford the purchase, based on her
"sources" .
I assume I am that "source" since I mentioned my concerns
regarding the use of General Fund monies for the purchase. I
discussed this with Greg, and there appears to be at least three
funding options.
1. Utilize General Fund monies entirely - This approach
reflects the current budget. However, with the unreserved
fund balance right at $600,000 and with current revenues
lagging expectations, it may be timely to rethink this
approach.
2. Lease/Purchase our share. This is appealing in that it
avoids the upfront cash drain, and interest rates are very
competitive at this time. The nature of the purchase (joint
ownership with Paso Robles and operation by a third party)
might make the lease somewhat difficult to construct.
3. Finance the purchase through Solid Waste Fees. This option
is attractive since the grinder is needed for solid waste
management, and there is a natural nexus between the fees
and the purchase. This would also necessitate raising solid
waste fees again, although it could be presented as a one-
time surcharge (sunsetted in one year) .
Perhaps the best option is a combination of 2 and 3. That
is, solid waste fees would pay for a 5-7 year lease. If a
conventional lease is unavailable, the City could act as the
lending agent and receive the payments over the ensuing years.
The hardship of higher fees might also be offset by the fact
that Wil-Mar needs to set new "Roll-off" rates, subject to
Council approval. Greg feels there is a relationship between the
roll-offs (which handle a lot of construction debris, including
lumber) and the tub grinder. Be that as it may, I'; don't believe
the full costs of the grinder should - or even could - be
recovered from Roll-Offs, but it would help keep the remaining
fee increase down.
cc: Greg Luke, Public Works Director
a:tubgrinder
REPORT TO CITY COUNCIL Agenda Item: 6:00 p.m. Session
CITY OF ATASCADERO
Through: Ray Windsor, City Manager Meeting Date: 2/21--J/92
From: Mark Joseph, Administrative Services Director IYVi
1
SUBJECT: Preliminary FY 91-92 Year-End Projections
RECOMMENDATION: For Council review and comment only.
BACKGROUND:
The FY 91-92 budget document indicated a number of fiscal
unknowns -- both good and bad -- that were not integrated into
the recommended budget. It was proposed that any adjustments
would be made at midyear. In addition, at Councilmember Nimmo' s
request, staff provided Council a fiscal status report through
October, 1991. It showed revenues falling behind projections,
with expenditures slightly below projections.
ANALYSIS•
Referring to the budget document, most of the "bad" unknowns
have materialized, but very few of the good. And of the "good"
unknowns that have emerged, at least two need to be taken with
caution. •
The good news:
1. Franchise revenues are projected upwards by $10, 000
(due to increases in utilities and cable TV) .
2. A one-time PERS windfall of $210,000, as a result of
last year' s State budget package. However, it is
subject to litigation and might not materialize.
3. Recreation revenues are up by over $30, 000, but
expenditures have increased beyond original
projections.
The bad news:
1. As we look to the new fiscal year most of the effects
relate to potential revenue loss.
2. The recession continues, with a major drain on our
Sales Tax and Motor Vehicle In-Lieu revenues. Staff
predicted the economy improving in the second half of
this fiscal year; as with other forecasts, we were
overly optimistic.
3. The State' s budget balancing continues to hurt the
City. Combined with last year' s Property Tax
Administrative Fee ($65,400 this year) , the State
transferred one-half of our fines/forfeiture revenues
(annual loss of $35, 000) and one-half of :our Cigarette
Tax revenues ( $20, 000 per year) . Broadening the sales
tax base (i.e. , taxing candy) has not had any
noticeable effect. Booking fees, which have not yet
been billed, are estimated at $60-80,000 'per year. A
new danger, charging Cities for Sexual Assault
Examination fees, could cost us another $60-80, 000
starting next year. All told, State actions could/will
cost Atascadero $120, 000 to $280, 000 annually.
4. The continued downturn in the building industry has
resulted in dramatically reduced revenues in the areas
of construction permits, planning, engineering fees,
and property transfer taxes. Even the property tax
(along with sales tax our major revenue source)
projection needs to be revised downward, ': because of the
steep drop in supplemental property taxes (the result
of midyear reassessments in property, usually from the
sale of property) .
5. Investment earnings are estimated to drop, both because
of declining interest rates and a declining cash base.
As much as $60,000 could be lost as a result.
Expenditures, including recommended midyear adjustments, are
forecasted to climb some $200,000. Most of the increases are
either technical in nature (reappropriating prior year
encumbrances and budgeting state-mandated costs) or reflect
Council-approved increases. (See Mid Year Budget Adjustment memo
attached) . One area of concern is our legal expenses, which have
grown substantially in the last year and are expected to exceed
budget this year.
The final component is interfund transfers and other
proceeds. Transfers In are down as a result of State reductions
in fines/forfeitures. Proceeds are up from the balance of a
Capital lease initiated last year ($110, 000) and the payoff on a
$75, 000 sale of property adjacent to the Traffic Way Fields.
Ongoing transfers out ( for debt service and Zoo, support) are
expected to stay the same. One-time transfers for ''Capital are
increased to accommodate the transfer of the same ;$75, 000
property sale noted above to pay for the purchase ',of the third
Mumford Lot at Lake Park. The transfer for the Pavilion is
adjusted upward (to $800, 000) to cover anticipated overruns,
although we believe that ultimately the amount offoverrun will be
reduced.
At this point, there is still another $300, 000 in Capital
projects (Stadium Park, the tub grinder and miscellaneous
projects) , all of which, when looked at in the context of the
above comments, will reduce our reserves to a level below the
original minimum set by Council. This is illustrated in Exhibit
Exhibit "A" presents current and projected revenues and
expenditures, including interfund transfers. Based on projected
figures (and assuming a $300, 000 reduction in CIP) , our year-end
unreserved fund balance should drop from $535, 000 (per the
original budget adopted in June 1991) to just under $350,000.
The actual year figures will vary based upon final revenues
and expenditures, as well as year-end accruals (such as reserves
for encumbrances) . In addition, if the PERS windfall is not
allowed, it would have a dramatically negative effect on our
economic condition.
Regardless of the outcome, our projected balance will take
us below the $600,000 reserve for economic uncertainties Council
has endorsed. As a result it would seem Council has three viable
options to address this situation:
1. Delete and/or defer some capital expenditures (for
example, the tub grinder) .
2. Reduce current expenditure levels for the 1992-93
fiscal year by 7 to 10 percent.
3. Pursue supplemental revenue enhancements in relevant
areas (i.e. market-based pricing of certain City
services, as mentioned at Annual League of California
Cities Conference. The False Alarm Ordinance is one
such example) .
Perhaps under the circumstances these options need to be
looked at in concert.
a:yearend
EXHIBIT A: INCOME STATEMENT FOR THE GENERAL FUND, ' FY 91-92
AMENDED FEB ' 92 DOLLAR
CATEGORY BUDGET FORECAST VARIANCE
REVENUES
Property Tax 2, 270, 000 2, 220, 000 (50, 000)
Sales Tax 1 , 900, 000 1 , 700, 000 (200, 000 )
Bed Tax 105, 000 105, 000 0
Transfer Tax 50, 000 40, 000 ( 10, 000 )
Franchise Fees 360, 000 370, 000 10, 000
Other Taxes 1 , 300 300 ( 11000 )
Business Licenses 110, 000 110, 000 0
Construction Permits 361 , 225 325, 225 (36, 000)
Motor Vehicle In-Lieu 875, 000 825, 000 (50, 000 )
Other State In-Lieu 103, 200 76, 400 (26, 800 )
Other Intergovernmental 257, 400 506, 400 249, 000
Recreation Fees 295, 500 372, 500 77, 000
Planning 8 Engin. Fees 265, 923 155, 923 ( 110, 000 )
Other Fees 11 , 100 11 , 100 0
Fines/Forfeits 12, 050 32, 050 20, 000
Investments 125, 000 65, 000 (60, 000 )
Other Use of Property 14, 000 12, 000 (2, 000)
Other Revenues 48, 000 50, 000 2, 000
------------------------------------
• Totals 7, 164, 698 6, 976, 898 ( 187, 800)
Transfers In 272, 800 234, 800 (38, 000)
Proceeds 15, 000 190, 000 175, 000
------------------------------------
Totals 287, 800 424, 800 137, 000
TOTAL RESOURCES 7, 452. 498 7, 401 , 698 (50. 800)
FY92. wk3 - 18-Feb-92
EXHIBIT A: INCOME' STATEMENT FOR THE GENERAL FUND, FY 91-97.
AMENDED FEB ' 92 DOLLAR
CATEGORY BUDGET FORECAST VARIi.NCE
EXPENDITURES
City Council 39, 540 32, 300 7, 240
City Clerk 58, 120 58, 000 120
City Treasurer 4, 630 4, 000 630
City Attorney 1101000 110, 000 0
City Manager 135, 795 150, 000 ( 14, 205 )
Police 2, 074, 300 2, 070, 000 4, 300
Fire 1 , 067, 500 1 , 065, 000 2, 500
PW/Engineering 348,205 346, 600 1 , 605
Community Development 789, 917 787, 000 2, 917
Recreation ( Incl . ,Admin) 498, 118 545, 300 (47, 182)
Parks 349, 035 372, 500 (23, 465)
Building 188, 645 216, 300 (27, 655)
Streets 399, 925 393, 400 6, 525
Personnel "* 113 , 850 105, 000 8, 850
Finance/Risk Mana"ment 554, 785 549, 000 5, 785
Equipment Replacement 221 , 000 220, 000 1 , 000
Non-Department 453 , 088 370, 000 83, 088
Community Groups 75, 732 74, 732 1 , 000
------------------------------------
Total 7, 482, 185 7, 469, 132 13, 053 •
a
Routine Transfers Out 251 , 000 251 , 000 0
One-Time CIP Transfers 1 , 122, 500 875, 000 247, 500
------------------------------------
Tota 1 1 , 373, 500 1 , 1 26, 000 247, 500
TOTAL EXPENDITURES 8. 855. 685 8,595. 132 260, 553
TOTAL VARIANCE ( 1 . 403, 187) ( 1 . 193. 434) (311 . 353)
FUND BALANCE--7/1/91 1 . 540. 480 1 . 540. 480
FUND 8ALANCE--6/30/92 137. 293 347, 046
NOTES:
1 . The amended budget for expenditures assumes midyear
adjustments are adopted as proposed.
2. Revenue forecasts, except for Recreation, are by the
Finance Director. Expenditure projections were made in
consultation with the appropriate Department Heads.
3. Projected overages in Community Services are expected
to be partially offset by revenues; overages in the City
Manager budget will be made up from savings in Personnel
and Finance.
FY92. wk3 - 18-Feb-92
REPORT TO CITY COUNCIL Agenda Item:: 6:00 p.m. Session
• CITY OF ATASCADERO
Through: Ray Windsor, City Manager Meeting Date: 2/25/92
From: Mark Joseph, Administrative Services Dire ctor/�,+X
SUBJECT: Mid Year Budget Adjustments
RECONN[ENDATION: Staff recommends Council review the adjustments
highlighted below and if approved, a formal action :
will be
submitted for Council' s consent agenda on March 10*
BACRGROUND/ANALYSIS:
No new staff, equipment or service enhancements are proposed
at this time. In fact, only a number of procedural or state-
mandated budget adjustments are offered for Council approval.
These are explained below:
1. Action For Animal Rights (AFAR) Budget - $25,000 was
approved by Council in July. The appropriation was approved
by Council but never formally adopted by resolution.
2. North County Women' s Shelter - Matching Grant' - $3,300 was
approved by Council in January.
3. Recycling Committee Request - As discussed at' the February
it Council Meeting, the Recycling Committee has requested an
additional $1,300, some of which would be offset by sales.
4. Customer Service Training - The final cost was $2,300. The
training was offered in two segments: a session in December
and January. An executive overview with Department Heads
was held earlier.
5. Ambulance Study Review - As noted at Councii' s last
meeting, a not-to-exceed $1,200 amount was approved to
review the current County Emergency Medical Response System.
Actual cost should be about $1, 000.
6. Proceeds from Capital Lease - A $325,000 line of credit was
established last year to help finance capital equipment.
Not all of the proceeds were received in FY 9'0-91.
Approximately $110,000 will be received in this fiscal year.
Offsetting this is an appropriation of $100, 000 in the
Equipment Replacement Program, which is simply
reappropriating the encumbered funds for the ';budgeted fire
truck.
7 . Accrued Leave Payoffs - One of the unknown and therefore
unbudgeted expenses last year was leave payoffs. P) cPF:e see •
similar reference in my 1990-91 Audit Memo. Becau2e
last year saw a number of employee departures, the expenFe
was higher than it normally would be. This fiscal year will
require an additional appropriation of $25, 000.
8. Animal Control Adiustments - In order to facilitate the new
program, $20, 000 needs to be budgeted both as a revenue and
an expense. This will cover the contract expenses for the
two positions (half of which will be reimbursed by Paso
Robles, which is handling the accounting for the progrsr) .
The appropriation will be reflected in the Police Department
budget.
9 . Atascadero State Hospital Annexation Expenses - An eati_rria.ted
$10,000 will be needed to cover engineering and other
administrative expenses associated with annexing the State
Hospital (and surrounding lands) . This cost is offset by
roughly $50, 000 per year in General and Gas Tax revenues,
once the annexation is approved. It is not known at this
time at what point in the fiscal year expenditures will
occur.
10. Reappropriating Encumbered monies in the Community
Development Department - A total of $19,300 was involved,
most of which related to finishing the General Plan
($15,000) . The rest was for office equipment ordered
but not received by June 30, 1991. Only $10, 000 will be
needed for the General Plan, so the total involved is
$14,300.
11. Budgeting for Property Tax Administration Fee (SB2557) - The
County Auditor has informed us that the collection fee bill
will be $65,400. This represents a 13 percent increase over
last year.
12. Additional Support for the City Attorney' s Office - Based on
current projections, at least $30,000 will be needed to
assure our legal services stay within budget. Much of the
increase stems from defending the City in legal issues,
legal costs associated with Code Enforcement and the high
cost of rendering well researched legal opinions. Tighter
control over the use of legal services is suggested in order
to keep these costs down.
13. Adiustments to Public Works Budget - Please see the attached
memo from Greg Luke addressing the issues of revising our
Engineering Plan Check fee and budgeting gas tax dollars for
drainage improvements.
14. Exchange of Capital Improvement Funds - The attached memo
• from our Interim Fire Chief explains the rationale for this
request. Funding for the refurbishing of a Fire Truck is
expected to be $10, 000 and that would come from deferring
the purchase of an emergency supply container.
15. Budgeting for the new Pavilion - Based on Andy Takata' s
projected operating costs for the Pavilion ($62,000
annually) , four month' s of operating revenues and
expenditures need to be budgeted. The suggested amount is
$25,000, which is slightly higher, to accommodate one-time
start-up costs (such as the dedication ceremonies) . A
related issue is whether the Pavilion should', be accounted
for as a separate fund or included as part of the General
Fund. This can be resolved during Council discussion.
The net increase in appropriations is approximately
$160,000. These increases do not include any adjustments for
salary and benefit increases as a result of negotiations
concluded after the FY 91-92 budget was adopted. It is our
intention to absorb these costs within the existing budget of the
affected department. However, a second review will be made in
May. Based on this review, additional appropriations may be
needed, in order to close out the fiscal year.
a:myadjust
r
MEMORANDUM
DATE: 1/28/92
TO: Ray Windsor, City Manager
FROM: Mike McCain, Acting Fire Chief
SUBJECT: Capital projects
As you are aware, Station 1's first out brush engine was due to be
replaced last year. Due to a lack of funds, a replacement was not
approved and it appears even if it was approved in the next budget,
the time frame for replacement would be at least one year.
Brush-9 is a 1970 four-wheel-drive vehicle that is depended upon for
initial attack of wildland fires. Brush-9 does not meet NFPA 1500
safety standards in at least two areas. The driver's cab must be a
closed type for protection of crew, and a roll bar must be installed.
Also, because of the age of the vehicle, I have concerns in regard to
dependability, therefore I am requesting that the capital money •
budgeted for a storage container be earmarked to be used to have a top
and roll bar installed on Brush-9. I would also recommend alterations
be made to old Rescue #1's tailboard to allow greater mobility off the
road, and utilize it as a backup brush and mop up unit.
This recommendation is not a solution for the replacement of Brush-9,
but it is, I feel, a short term answer to personnel safety and fire
protection this coming fire season and possibly next fire season. The
amount of money needed would be less than the amount budgeted for
a container and, if approved, I could go out for bids and have the work
completed by summer.
Mike McCain
MEMORANDUM
TO: Ray Windsor, City Manager
VIA: Mark Joseph, Administrative Services Director
FROM: Greg Luke, Director of Public Works
SUBJECT: Mid-Year Budget Review
DATE: February 18 , 1992
Summary:
I have reviewed our budget at this mid-year '', point, and have
several comments on the Public Works budget status to date.
The most important observation is that the Public Works
Department can be expected to meet the budgeted amount for the FY
91-92 period. This statement will only hold true if the cost of
plan checking by an outside engineering firm is passed on to the
applicant. Our maximum plan checking fee for anyproject is $250.
• For projects checked "in-house" this is '' a proper fee.
However, multifamily and commercial projects require the use of an
outside plan checker. The cost to check these projects can run
into the thousands of dollars. Virtually all ',other Cities in
California pass this cost back to the developer. Atascadero's fee
structure does not. Consequently plan checking funds are drawn from
the general fund. I will be submitting a resolution to modify the
fee to the Council in the near future for consideration.
Discussion:
The following points relate to our budget:
1. Routine salaries, including related benefit costs, are currently
under budget and are expected to remain so during the rest of the
year.
2. Professional Services are over budget because this is where you
have instructed us to bill John Grindstaff's time. It should be
noted that John's time will be charged to the San',Andres bridge as
of March 1, 1992 . Therefore, the Professional'; Services budget
should not grow appreciably.
3 . Engineering Services is higher than anticipated largely due to
the cost of plan checking private developments (as discussed
. above) .
Please consider the following modifications at the Hid-year
review: 0
1. The Road/Transit income is up significantly because of
Proposition 111 funds and other federal funding (more than
$100, 000) .
2 . Because of the increased revenue for road purposes, i recommend
the Council increase the "minor road improvement" budget by
$100 , 000. This money will be used to correct a myriad of road
drainage conditions that are long standing problems.
•
•
P R O C L A M A T I O N
AMERICAN RED CROSS, S.L.O. COUNTY CHAPTER
"75TH BIRTHDAY CELEBRATION"
MARCH 11, 1992
WHEREAS, The San Luis Obispo County Chapter of the American
Red Cross has been serving the people of our county since 1917
during times of personal or community crisis, during war or peace;
and
WHEREAS, The Chapter' s primary purpose is to provide emergency
assistance to disaster victims and military personnel and their
families; and
WHEREAS, The Chapter also trains over 10,000 people each year
in life saving skills such as Water Safety, First Aid and CPR, as
well as providing information and training related to disaster
preparedness, AIDS, and stress management; and
WHEREAS, To keep pace with the increasing need for these
services, the Chapter has recently moved to a larger, more versa-
tile facility at 225 Prado Road in San Luis Obispo';
NOW, THEREFORE, the City Council of the City'',: of Atascadero,
does hereby recognize the valuable services which the American Red
Cross provides to our community and joins in the celebration of the
San Luis Obispo Chapter' s 75th Birthday.
ALDEN F. SHIERS,';' Mayor
City of Atascadro, CA
February 12, 199':,2
•
San Luis Obispo County Chapter
1230(Marsh Street
San Luis Obispo,Ca.93401
-' ' American Red Cross W5 �MF # � •
February 12, 1992
Mayor Alden Shires
City of Atascadero
6500 Palma Ave.
Atascadero, CA 93446
Dear Mayor Shires:
The San Luis Obispo County Chapter of the American Red Cross has been serving the people of our
County for SEVENTY FIVE YEARS!
Chartered in 1917 the Chapter has provided much needed service to our residents during times of
personal or community crisis, during war or peace. Health and Safety training has saved the lives of
many citizens through the years.
To keep pace with the increasing need for these services, our Chapter has recently moved to a larger,
more versatile facility at 225 Prado Road in San Luis Obispo.
We cordially invite you, and other Members of the Atascadero City Council to join with some of the
hundreds of Volunteers, Staff, Board of Directors, and friends of the Red Cross in celebration of our
Chapter's 75th Birthday at our expanded Headquarters. The reception, tour and presentation of
Lifesaving awards will be held from 4:00 pm to 7:00 pm on March 11, 1992.
We look forward to seeing you there.
Sincerel
W,
Bryan Duvall
Chapter Chairman
000111►n
San Luis Obispo County Chapter
1230 Marso Street
San Luis Obispo,Ca.93401
® American Red Cross (W5)54&°M
Fax# (8051 5441921
FACT SHEET
The Chapter's primary purpose is to provide emergency assistance to "disaster victims and
military personnel and their families. The Chapter also trains over 10,000 people each year in
life saving skills such as Water Safety, First Aid and CPR. In addition, information and training
related to disaster preparedness; AIDS; stress management and Baby*'Sitting is offered.
The day to day administration of Chapter activities and services is carried out by the
Executive Director and three paid staff.
Over 700 volunteers provide training and direct emergency assistanceat the office and in the
field. Volunteers receive training and are managed by a team approach. Service committees
of volunteers are supervised by the team consisting of the volunteer committee chairperson
and the paid staff liaison to the committee.
• The Chairperson of each Program Service is a member of the Board of Directors. The
Program Services.Committees are: Service to Military Families (SMF); Disaster Services and
Health Services. Other committees report to the Board through the liaison selected by the
Chairperson of the Board.
Each Board member is asked to serve on at least one committee. The committee may be a
Program Service committee or other committee identified by the Board. (i.e. Fund raising,
Budget and Audit, Personnel, Public Information, etc.).
Term of service: Three years
Members on the Board of Directors: Fifteen positions filled
Twenty four total positions
Meeting date: Fourth Tuesday
Meeting time: 4:00 pm - 6:00 pm''
Time commitments vary, monthly hours of service by each Board member depend on the
committee(s) he/she serves on. Some committees are active year 'round, others have peak
months of activity.
Board members receive written notification of Board meeting agendaf; training notices; etc.
•
0000 11,
w
REPORT TO CITY COUNCIL Agenda Ite0l: B-1
CITY OF ATASCADERO
Through: Ray Windsor, City Manager Meeting Date: 2/25/92
From: Micki Korba, City Treasurer
Mark Joseph, Administrative Services Dir6cto3:"*/Yq
SUBJECT: Revised Monthly Treasurer' s Report
RECOMMENDATION: For Council review only.
BACKGROUNDIANALYSIS:
The Treasurer' s Monthly Report has undergone 'a number of
changes in format, in order to make the information contained in
it more useful to both Council and the general public.
With the January, 1992 report, a number of additional
enhancements have been made. The most significant is the
addition of Balance Sheets for selected funds. This allows
Council to single-out the status of most of the City' s key funds,
such as the General Fund and Developer Impact Fees Fund.
Other adjustments have been made. The first two schedules
present the City' s overall cash position, including a comparison
• with the prior year' s cash balance. The two Revenue and
Expenditure reports are basically the same, except for a net
surplus/deficit summary on the bottom. Also, the 'Cigarette Tax
revenue was merged with other Intergovernmental revenues, because
it has dropped in dollar amount.
It is hoped this new format will be of use to Council. It
should supply the reader with as much statistical 'data as
practical to assess the City' s financial condition.
(1000413
CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH ENDING JANUARY 31, 1992
TABLE I : SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS
1992 1991
Recinnin^- Cash Balance 6. 166.905.24 '.991,79.35
Plus: Receipts 561 .288.05 148. 189.01
1 Less: Disbursements (8_1_895_ -
44) (748_099_81 )
-
Endine Cash Balance 5.856.297.85 7.391.368.55
Plus: Outstanding Checks ---
82_468_ - --
64170�211_01-
Adiusted Cash Balance 5.938.766.49 7.561.519.56
TABLE IT : SCHEDULE OF INVESTMENTS
--------------------------------------------------------
Interest Interest Interest
Name Amount Rate For Month Year-to-Date
_ __ --------------------------
Oranae Countv invest . Pool 5.SS4.029.96 9 30w 0.00 123.895.84
19. 343.3- 6. 12°. 0.00 1"_'.343.3
L.A. ItF. o 501.20 6.627.79
Mid State Bank 64.543. 16 4. 13�o N/A
Petty Cash 850.00 N/A N/A
_ ------------- -------------
TOTAL: 5.938.766.4Q
501=��= ==1=�=Sb==00=
hevs: N/A (Not Appicahie )
L.A. I .F Interest Paid Ouarterly
nranee Countv investment Pool Interest Paid Ouarterl,,-
I
I certify that this report reflects all Governmental Asencv Wooled
investments and is in conformity with the Investment Police Of
the City of Atascadero ns stated in Resolution No. I26-40 dated
X11/90. conv of this ReFOiUtlOn is available at the Office
of the Citv clerk. The Investment Program herein shown provides
1 sufficient cash flow liquidity to meet nest month's estimated
esnenditures.
I ryy�
S.1 GNF,D:
Muriel Korba. Cite Treasurer
l
t
i
UUU(11��}
1-
' TREASURER'S REPORT FOR THE PERIOD ENDING JANUARY 31, 1992
TABLE III : SCHEDULE OF CURRENT MONTH ACTIVITY AND PRIOR YEAR VARIANCES
JANUARY CURRENT PRIOR
DESCRIPTION 1992 YR-TO-DATE YR-TO-DATE VARIANCE ';
REVENUE
------------
Properte Taxes 108.0. 1 , .299.948 1 .269.413 2.4R
Sales Tax 121 .400 957.562 978.127 -2• 11
>* Red Tax 19.912 52.351 53. 110 -1 .4M
Prop. Transfer Tax 2.625 17.081 10.56"' 61 .6°•
Franchise Fees 6.208 35.610 31.764 12. 1.
Special Assessments 6.937 69.5-1 79,950 -13.0%,•
Business Licenses 12.89- 59.432 66.714 -10.9%
Building Permits 11 . 155 144.473 182.633 -20.9`;
Motor Vehicle Tax 49. 111 454.427 475.350 -4.44:
Other State In-Lieu 8.93' 27.906 29,477 -5.3`•':,
Gas Tax Receipts 67.080 252.723 223,512 13. 141•
TDA Receipts 0 110.692 100.596 10.0'•
Other Intergov'al 43.741 211 .370 218.409 -3.21.
Recreation Fees 35.459 1U5.467 184. 105 6.24;•
} Zoo Admissions 7.252 44.785 32.603 37.4%
Planning Fees 14.306 83.430 76.932 9.4%
Wastewater Fees 15. 152 348.212 412.325
Development gees 13.558 212. 157 248.744 -14.-
Dial-A-Rit.e Fares 2.921 18. 182 20.046 -9.3
Police Services 552 3.861 3.491 10.611•
• Feed Abatement 1 .54023.SS0 13. 112 -41.6
ether Fees/Charges 201 1 .802 905 99. 1":.
Fines & Forfeits 3.614 24.525 25.549
i Interest Earnings 2.996 269.316 306.338
Rentals 30 289 1 .264 ---. IP•
Proceeds from Sales 0 75.750 122. 18' -38.0-.
E Miscellaneous 2.660 33.401 22.705 47. 1".
-----------------------------------------
TOTALS
-----------=------------------ -TOTALS 561.295 5,028. 172 5.219.931 -3.7%
FXPFNDTTURF.S
General Gov' t 30.602 192.589 161 .340
1 Police :50.852 1 .233.27S 1 . 186.539 9
Fire 55.-48 692.023 640.808 0`:•
Public Works/Eng. 35.018 237.385 202.582
i Wastewater ;?.°yl 322.528 319.211 0
Ilial-A-Ride 16.352 98.514 167.811 -1- •1
Community Develonment 52.853 471 .877 430.519 q. 5"•
Recreation 060 366.023 325.635 i2. .
F-arks d Ride. kiaint 10.890 3-1 .9-1 2F9.8S8 2F. 3`
Zoo 16.430 126.32' 126.440 -0. 1"•
f Streets -.554 302. 103 296.636
Admin. Services 532 451 .251 512.316 -1 c;.S".
\nn-Denartmenta! 51 .951 316.741 385.800 -1` .5
ic'. -,Tl Lai
�ei;l :;r.rc[ce/iru [ C- n4.c;4[; :45. 7
------------------
} TOTALS ---8', 1 894 6.452.546 6. 190.337 4
Nh;'I' ti(if:nLCS/(nF:FI('1T) 10.594) ( 1 .424.374) (970.406) 8
f
00000()
1 '
f
f TREASURER'S REPORT FOR THE PERIOD ENDING JANUARY 31. 1992
TABLE IV. BUDGET-TO-ACTUAL REPORT
CURRENT CURRENT COLLECTED PRIOR PRIOR COLL/
DESCRIPTION BUDGET YR-TO-DATE /,SPENT BUDGET-----YR-TO-DATE SPENT
REVENUES
Pronertv Taxes 2.326.500 1 .299.948 55.9%� 2.050,000 1 .269.4]3 61 .97
Sales Tax 1 .900.000 957.562 50.4",, 1 .850.000 9'R• 12'' 52.9%
Bed Tax 105.000 52.351 49.9% 110.000 53. 110 48.31,•
Prop. Transfer Tax 50.000 17.081 34.2' 60.000 10.567 17.61.
Franchise Fees 360.000 35,610 9.9% 330.000 31 .764 9.6%.
Special Assessments 151 .753 69,537, 45.8% 151,753 79.950 52.717�
Business Licenses 110.000 59.432 54.0% 105.010 66.714 63.5%
Building Permits 362.050 144,473 39.9% 381,575 182.633 47.9%
Motor Vehicle Tax 815.000 454.427 51.91, 860.000 475,350 55.3n
Other State In-Lieu 103.200 ",906 27.0% 95,900 29.477 30.7%
Gas Tax Receipts 416.162 252.723 60.7% 393. 100 223.512 56.9%
TDA Receipts 482.957 110.692 22.91. 402.521 100.596 25 .OP•
Other Intergov'al 403.400 211.370 52.4% 455.700 215.409 47.97
Recreation Fees
342.550 195,467 5'. 1% 310.850 184. 105 59.2:
Zoo Admissions -2.500 4.1.,85 61 .8% 71.000 32.603 45.91•
Planning Fees 286.723 83.430 29. 1% 192,612 76.932 39.9`,"•
Wastewater Fees 690.200 345.212 50.511• 660.200 412.325 (,2.57"
Develovment Fees -1-1000 212. 157 29.61, 562.600 248.744 44.21.':.
Pial-A-Fide Fares 36.000 18. 152 50.5" 34.000 20.046
Police Services 6. 100 3.861 63.3", 4.800 3.491 =•
Weed Abatement
10.000 23.580 59 '" 30.000 43. 112
Other Fees/Charges 5-.650 1 .802 3. 11, 3.000 905 30.27-10
Fines 8• Forfeits 82.050 24.525 29.9% 81 .550' 25.549 31.3
! Interest Earnings 452.920 269,316 59.5" 389. 150 306.338 -S.
Rentals 2.000 289 14.5'` 14.200 1 .264 ,� 9P
Proceeds from Sales 90.000 -5.750 54.21, 65.500 122. 187 •4"
Miscellaneous 50.000 33.401 66.87, 19430--------'?OS 116.9
------------------------------------
-----
TOTALS 10,571.715 5,028,172 47.6% 9.687,451 5.219,931 53.9 :
i
EXPENDITURES General Gov't :18.085 192.559 60.5 . 30.5,2 5 161 .340 -•
12.084.000 1 33.2'8 59.21, '_.053.315 1 . 186.539
Police ''
•-
Fire 1 . 106.300 692.023 62.6 <, i . 164.492 640.8087.
Public works/Ena. 346.905 37.385 68.4% 389.010 _'02.582 --"-• 1
''
3 Wastewater SOS.960 !22.528 39,9". 801 .585 319.211 ,Q.SR
rt1a1- 1-Fide =u9.245 98.814 .33.0 38S.393 187. 1 :;•4 '.
Community Develonment -55.617 4-1 .877 60. 11, '95.684 430.819 54. 1"
�
PeCrealOn
t 5'.4.298 366.023 -1 2P, 553,529 325.635 S •`'-•
Parks k Blde. Maint . 53-.680 3-1 .91 69.2" 521 .530 289.885
126.32'. 5 , 1" 222.500 126.440 56.8'-
Soto221 .275 r3_.42_5
Streets 30'_. 103 4-.5 606.565 296.636 _:'..9�
Admin. Services 666.335 451 ,251 67."' -26.075 542.316 4•
Non-Departmental `31 . 120 316.141 59,6 • -33.593 388.800 0'
• ---
%11ior „
;i0ila1 » ...1 .000 Ont. _
D'.ht Scr\'• �'L'ITrt:9t
t p, 4 uc, all h' 1 1 !F 4` 1 _ 0
--------------------------
--------h--- ----------------
TOTALS 13,977,937 6.452.546 46.4% 12.695.573 6,190.337 4x.8'.".•
rr ;CTPLI'SifDGtTCTT) ( 34(..222) ( 1 .434.3741 42.6° ('.(10`:. 1 _2 (070.406) "•3
00064 '4,
I
CITY OF ATASCADERO
TREASURER'S REPORT
FOR THE MONTH ENDED JANUARY 31, 1992
TABLE V: SCHEDULE OF SIMPLIFIED BALANCE SHEETS, SELECTED FUNDS
GENERAL GAS DEVELOPER TREE
FUND TAX FEES ' FUND
------------------------------------------+--------------------
ASSETS:
Cash 443.127.83 1 .084.156.93 1.045.349.33 30.528.86
Other Assets 283.197.77 20,149.72 17.911.25 586.77
Total Assets --726.325.60- 1.104_306.65- -1_063260 58 ---31_11563-
_*____
LIABILITIES 349.724.33 0.00 0.00 0.00
FUND EOUITIES:
3 Fund Balance-Reserved 35,000.00 9.148.00 0.00 0.00
Fund Balance-Unreserved 341.601.27 1 .095. 158.65 1,063,260.58 31 , 115.63
• Total Fund Equity 376.601 27 1, 104,306.65 1 063 260 58 31. 115.63
TOTAL LIAB/FUND EOUITY --726_32560- 1_104,306.65- -1063_260.58 _--31.115.63-
ZOO OPERATING DIAL-A-RIDE WASTEWATER
FUND OPERATING OPERATING
-----------------------------------------7----
ASSETS:
Cash (27.819.65) 3.220.26 3. 108. 138.56
Other Assets 1 . 122.00 106.303.81 8.658.29,3.97
Total Assets _-(26 697_65) _-109.524_07 11_766.432.53
LIABILITIES 2. 121.85 0.00 1 .463.678.56
FUND EOUITIES:
Fund Balance-Reserved (28.819.50) 105.691 .89 8. 187.617.59
Fund Balance-Unreserved 0.00 3.832. 18 2.115.136.38
J Total Fund Eauity ( 28.81q.50) 109 524 07 10.302. , _43.97
TOTAL LIAB/FUND EOUITY _-( 26.697.65) -109524-07_ 11-=66.4'32.53
TREASURER'S REPORT FOR THE PERIOD ENDING JANUARY 31 , 1992
Notes to the Treasurer's Report :
1 . The numbers in Tables I and II are cash based: Tables III ,
IV and V are accrual-based. Thus, Tables I and II measure
cash actually received or spent during the month; the other
tables Present revenues earned and expenditures incurred,
regardless of when the actual receipt or disbursement
occurs. As a result , figures from the two sets of tables
are not expected to tie-in together.
2. The Adjusted Cash Balance in Table I includes checks still
outstanding. This figure ties-in to the total amount of
invested funds ( including the City's checking account with
Mid-State Bank) .
3. Table V. Modified Balance Sheets
a. ) The funds selected cover the bulk of the City' s
overatina funds. Other funds may be included, as directed
by Council .
b. ) Gas Tax includes LTF/Non-Transit monies: Developer Fees
include all impact fees (except Amapoa-Tecorida) .
c. ) The Unreserved Fund Balance represents that portion of a •
j particular fund available for any purpose for which the fund
was established. It is a more reliable figure to use than
the cash balance for that fund.
I Mark Joseph. do hereby certify that the above information is
accurate and reflects the City's financial position for the
period specified. However, the information in these reports is
unaudited. and may therefore be subject to future revisions.
Mark Jo ph. inance Director
j
U�Ut�t�r�
REPORT TO CITY COUNCIL Agenda Item: B-2
CITY OF ATASCADERO
Through: Ray Windsor, City Manager Meeting Date: 2/25/92
From: Mark Joseph, Administrative Services Director
SUBJECT: Renewing our contract with RSVP
RECOMMENDATION: Council approve Resolution No. 20 -92, renewing
our contract with the Central Coast Commission for'',. Senior
Citizens to provide RSVP Volunteer Stations at City Hall and
elsewhere.
BACKGROUND:
For several years the Police Department has had an award-
winning RSVP program. Two years ago a volunteer station was
started at City Hall.
The attached resolution is required on an annual basis.
FISCAL IMPACT:
• Virtually no negative fiscal impact, except for minor out-
of-pocket expenses. RSVP provides supplemental workers'
compensation benefits for their volunteers. The City enjoys the
experience and skills of the volunteers.
00004")
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON
City Attorney
0000 ,
t
REPORT TO CITY COUNCIL Agenda Item: B-3
CITY OF ATASCADERO
Through: Ray Windsor, City Manager Meeting Date: 2/25/92
From: Mark Joseph, Administrative Services Director
SUBJECT: Responses to October, 1991 Safety Audit.';
RECOMMENDATION: Review and accept report.
BACKGROUND:
Last October, a representative from our liability insurance
provider conducted a safety audit of City facilities and
procedures. We received his written comments November 20, 1991.
Departments being impacted were requested to respond.
The survey results and staff' s responses are attached.
Several of the responses imply policy changes or financial
commitments requiring formal Council action. No action is to be
inferred by accepting the report for now; items requiring formal
action will be addressed individually, or, to the extent
possible, covered in next year' s budget.
FISCAL IMPACT
No immediate impact. Any costs required will be addressed
as appropriate in future agenda reports.
a:safetyaudit
000() 1 :3
I.C.W. GROUP
INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
10140 CAMPUS POINT DRIVE • SAN DIEGO, CA 921 21-1 520
P O. BOX 85563 • SAN DIEGO, CA 92186-5563 • (619) 546-2400 • (600) 877-1111
November 20, 1991
Mr. Nark A. Joseph
Director of Administrative Services
City of Atascadero
6500 Palma Avenue
Acascad,7ro, CA 93422
Number: CSR 1164219-01/ESR 1164220-01
Location: City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Dear Mr. Joseph:
This will confirm my October 22/23, 1991 survey of the captioned locat_on. Theo
purpose of my survey was to update our information as it pertains to the above
insurance policy and to assist you in your loss control efforts.
As a result of this survey, the following recommendations were developed and are
submitted for your consideration:
91-10-1: The safe and efficient operation of any fleet of vehicles provides a
tremendous cost savings resulting from lower maintenance costs, less
frequent vehicle replacement, less down time for employees who
require the vehicle for their work and fewer claims filed against
the city resulting from poor vehicle maintenance. At the present
time, the city of Atascadero has no centralized control over fleet
or fleet maintenance. It is recommended that a centralized fleet
maintenance program be installed with one individual responsible for
the overall program. The program should include, but not be limited
to, scheduled regular fleet maintenance based upon miles, time or
hours on machinery. All repairs and all maintenance work needs to
be clearly documented and retained. In addition, a regular pre-trip
and post trip inspection system shculd be installed and utilized.
(2-2-1)
REF: Insurance Company of the West Gruup Standards.
Loss Control is a responsibility of your management. Our surveys are intended only to assist you in this activity and should not y,
be construed to be comprehensive reports disclosing every loss producing condition which may arise. Any recommendations
submitted were developed as a result of conditions observed during our recent visit. They do not necessarily it ciude every loss
potential, code violation, or exception to good practice. We are not in a position to aavise as to whether you sue m cornoiiance
with the Occupational Safety and Health Act of 1970 or any other such law, and no act or statement made by us or on our behalf a+
should be construed as making such a representation. J(j00,1 11
LC 0106
Mr. Mark A. Joseph
P
Director of Administrative Services
City of Atascadero
Page Two
91-10-2: To assure that the city is protected in all circumstances when
contractors and independent contractors are performing functions for
the city, it is recommended that a written policy be established
requiring at least a $1,000,000 limit, a hold harmless agreement,
indemnification of the city, and the city named ! as an additional
insured. Evidence of this coverage should be in the form of a
certificate of insurance, issued by the carrier, and should include
independent contractors performing services for the recreation
department as well. In addition, it is recommended that a
backgrourd ob-ck be -,.ado cn *an:1 CO71tractc:" wtiliz.ed. `p
recreation department programs and that this background check be
retained in a permanent file. In addition, when :: purchasing major
items, it is recommended that certificates of insurance be obtained
from suppliers indicating adequate products liability coverage.
(2-2-2)
REF: Insurance Company of the West Group Standards. '',
91-10-3: To assure that the city is protected in the event '', that a volunteer,
using their own personal vehicle on city business, is involved in
some type of accident, it is recommended that all volunteers who
utilize their own personal vehicles on city business, provide the
city with certificates of insurance showing the'; limits of their
policies. This is particularly important in the case of volunteer
or reserve firemen. (3-3-1)
REF: Insurance Company of the West Group Standards. ',
91-10-4: Drugs prescribed by physicians have the potential to decrease the
ability of an individual to operate vehicles and/or equipment. For
this reason, it is recommended that a written policy concerning the
taking of prescription drugs and working while taking these drugs,
be developed and followed. The policy should include, but not be
limited to, a requirement that any individual taking prescription
drugs and allowed to operate equipment and/or vehicles, notify their
supervisor that these drugs are being taken. (2-3-1)
REF: Insurance Company of the West Group Standards.':
91-1.0-5: Predatory animals and other species which are kept within the zoo
confines present a significant hazard to thej public and to
themselves in the event of any type of disaster. For this reason,
it is recommended that a very clear plan on what methods will be
taken to restrain the animals, destroy the animals, or move the
• animals to another location to be developed. That: plan should be in
writing and include at least three individuals as ',plan coordinators
and be integrated with the city's known disaster plan. (1-3-1)
0000 r,
Mr. Mark A. Joseph
Director of Administrative Services
City of Atascadero
Page Three
REF: Insurance Company of the West Group Standards.
91-10-6: To assure that communications can be maintained in the event of any
type of disaster, it is recommended that a review of the present
site for the radio repeater be undertaken. This review should
include the location and the construction of the building housing
the equipment. It is quite possible that under certain
circumstances, the access road to this particular site would be
impossible to traverse and under other circumstances, the structure
con a=--3^R t hp. eq ipm: :�' could ^rv��.nDCe c_ bs hnl, c`ted off t1l:-
foundation. Immediate ` consideration should be given to the
relocation of this site. (2-3-1)
REF: Insurance Company of the West Group Standards.
91-10-7: The control of losses within the city operations is a very
important facet to the financial well being of the city. It is of
paramount importance that all city employees understand that this
is a priority and, for this reason, it is recommended that an
individual be assigned the responsibility and the authority for the
loss control function within the city of Atascadero. (1-2-2)
REF: Insurance Company of the West Group Standards.
91-10-8: In order for the fire marshall to have a viable position, it is
recommended that the fire marshall be given authority for citation
and fines. (2-2-1)
REF: Insurance Company of the West Group Standards.
91-10-9: To assure that the sewage collection system operates as it should
and that a minimal number of spills occur from the failure of
pumps, it is recommended that an electronic telemetry system be set
up and applied to all pump stations/lift stations reporting to a
central location,, such as the police department, in the event of a
failure. (2-2-2)
REF: Insurance Company of the West Group Standards.
91-10-10: The present location of the chlorine storage area at the sewage
treatment plant, and the distance of this location to the contact
point, presents significant hazards. The pipeline from the storage
area to the contract point is of particular concern, and the fact
that the cylinders are stored in the open, with no protection, is
also of particular concern.
0000 �;
Mr. Mark A. Joseph
P
Director of Administrative Services
City of Atascadero
Page Four
It is recommended that the storage site and contact point be at
nearly the same point, to eliminate the necessity of piping the
material, and that all storage be enclosed per current standards.
In addition, a monitoring system should be installed to detect any
type of leak and this system should report directly to the police
dispatcher or another point where response can be obtained. (3-3-1)
REF: National Fire Codes (NFPA 49, 820 - Hazardous', Chemicals Data),
National Safety Council 1-207-79. Manufacturers Chemical
Association 7D80.
91-10-11: To assist in determining the future operation of the sewage plant,
it is recommended that a study be undertaken :to determine the
geologic structure of the area which could be '; affected by the
percolation ponds. It is important that the path of the final
effluent be determined as nearly as possible so that potential long
range pollution can be avoided. (2-3-1)
REF: Insurance Company of the West Group Standards.
91-10-12: The bridge located on West Mall crossing Atascadero Creek has a
separate pedestrian bridge on one side. There is a sign erected on
the east side of the creek that prohibits horse traffic on the
pedestrian bridge. The same same sign should be erected on the
other side of the pedestrian bridge and additional signage should
be provided that also prohibits horses on the vehicle bridge. This
bridge is narrow and the entry to it is partially blind from both
sides. (2-2-1)
REF: Insurance Company of the West Group Standards.
91-10-13: Mature trees within the city limits have caused Tome problems with
sidewalks and roads and will probably continuo to do so. In
addition, these trees do present a potentially serious hazard
should they be diseased and/or infirm and then cause damage should
they fall. A prime example of this is the tree :: at the southwest
corner of the bridge at Via and Ensenada, which has been badly
undermined by the creek and has nearly its entire root system
exposed. This tree, coupled with the right natural conditions,
could very easily fall and either damage private property or damage
the bridge and possibly dam the creek. It is recommended that a
tree management program be developed which includes the
identification of all trees that are owned and '', that the city is
responsible for and what the condition of these trees is. In
addition, all work performed on the trees, including routine
pruning and trimming, needs to be recorded. (1-2-1)
0000
V
i
Mr. Mark A. Joseph •
Director of Administrative Services
City of Atascadero
Page Five
REF: Insurance Company of the West Group Standards.
91-10-14: To assist in controlling potential problems within city parks and
to assist the police department in the control of activities within
the park, it is recommended that an ordinance be adopted that
prohibits the use of all alcohol in the park, except by special one
day permit. (1-2-1)
REF: Insurance Company of the West Group Standards.
U-10-15: !a .s rc ,._lc` al. ?:,rte tanilitles and i;i maintained In
top condition, it � is recommended that a written facilities
inspection program be developed, including written inspection of
all equipment, with these records being retained. In addition, any
repairs and/or maintenance items that are performed should be noted
on the inspection records andthese inspections should be done on a
daily basis. (2-2-1)
REF: Insurance Company of the West Group Standards.
91-10-16: To help in the avoidance of sprained or broken ankles and other •
injuries which may cccur on play fields, it is recommended that the
limit lines for soccer fields, baseball fields be painted on the
fields using a water base paint. The current practice of burning
lines, utilizing some type of defoliant and/or oil, should be
discontinued. The practice of burring lines creates a valley on
the field and as the grass matures around it, these lines are
extremely difficult to see when one is playing in a game. (2-2-1)
REF: Insurance Company of the West Group Standards.
Should you have any questions regarding the above recommendations or wish to
discuss these recommendations further, please do not hesitate to contact me
directly. Iiowever, I azk that you respond within 60 days in writing to moth
Insurance Company of the West and S. J. Petrakis Insurance Services, Inc.
indicating your intentions regarding compliance with these recommendations. For
your convenience I have enclosed two self-addressed reply forms and a business
reply envelope mor your reply to Insurance Company of the West.
Thank you for the courtesies extended at the time of my survey. It is always a
pleasure to provide loss control services to clients of the ICW Group.
Very truly yours,
�>
Rex J. Little
Senior Loss Control Consultant
RJL/ps/1981m
RESPONSES TO I.C.W. GROUP
• LOSS CONTROL RECOMMENDATIONS,
(October, 1991)
91-10-1: Centralized Fleet Maintenance:
Staff has met to discuss this issue. At'; present, an
in-house fleet maintenance program does not appear to
be cost-effective. However, the advantages of
centralized management may be available 'if we contract,
on a part-time basis, for a person with 'an equipment
mechanic background. This person would ''be responsible
for the full range of fleet services (blit would not
actually perform any mechanical tasks) : 'assist in bid
specifications for fleet acquisition; overseeing the
work done by outside contractors; assuring regular
vehicle servicing is completed on each City-owned
vehicle; maintaining routine safety check and servicing
records on each vehicle; and coordinating the
surplusing of vehicles. By properly servicing the
vehicle, the life of the vehicle should '',be extended,
and/or reduce unscheduled, costly repairs. In fact, if
a policy of purchasing Manufacturer' s Extended
Warranties, coupled with a faster replacement cycle (4-
5 years instead of 7-10 years) , overall repair costs
• should drop dramatically, and surplus values would
climb, thereby reducing annual replacement charges.
Implementation of this proposal will likely be deferred
to the next fiscal year, for budgetary reasons.
91-10-2: Contract Language Standards:
This issue also relates to the need for''; an overall
review of our Contract Development and Retention
policies. The City Clerk and other members of the
staff need to review not only standard
insurance/indemnification language, but',, also how a
contract is prepared, reviewed and maintained, once
approved. Clarification is also needed'' regarding when
Council approval of a contract is needed versus City
Manager sign-off. It is hoped that this issue will be
incorporated into the proposed Procurement Review
effort also underway and expected to be'' completed by
late spring.
Regarding background checks for Recreation Instructors,
procedures will be developed to assure ,compliance.
000019
91-10-3: Proof of Auto Insurance for Volunteers
The City proposed Rules and Regulations address this
requirement for regular employees and volunteers. It
is expected to be adopted during the current fiscal
year. The City' s Computerized Accounting/Personnel
System includes fields for Driver' s License and
Insurance Expiration dates, which will be used to
assure compliance.
91-10-4: Drug Use Policy
The City' s proposed Rules and Regulations includes a
drug use policy, which addresses this issue. It is
expected to be adopted by Council during this fiscal
year.
91-10-5: Predatory Animals
See Takata Memo of 1/25/92.
91-10-6: New Radio Repeater Site
Although this project has been carried over from year
to year, the Fire. Department has taken the lead in
designing a new facility. Funds have been budgeted and
it is hoped a new facility will be completed this
summer.
91-10-7: Separate Position for Risk Management
Staff concurs wholeheartedly. Absent a position whose
primary responsibility is risk management, the City is
likely to continue to experience higher than necessary
levels of worker accidents and liability claims. In
addition, the City is at risk of being in violation of
SB 198 which mandates Safety and Loss Prevention
programs in every company, private or public.
In light of budgetary constraints, it is recommended
that the "dedicated" position be a part-time college
intern, under the direction of the Administrative
Services Director. This should provide enough time to
coordinate safety efforts Citywide.
91-10-8: Fire Marshall Authority
At present, there is only a limited number of illegal
burning incidents (5-10 years) warranting citation
authority. In those cases, current use of a Police
Officer is appropriate. In the area of enforcing the
fire safety code, alternatives to citation (e.g. ,
reinspection fees) may be more effective in assuring
compliance.
0000;,'0
91-10-9 : Electronic Telemetry at Sewage Plant
See Memo from Public Works.
91-10-10: Chlorine Storage Area at Sewage Plant
See Memo From Public Works.
91-10-11: Geologic Study at Sewage Plant
See Memo From Public Works.
91-10-12: Horse Traffic/Pedestrian Bridge: West Mall & Atascadero
Creek
See Takata Memo of 1/15/92.
91-10-13: Tree Maintenance Plan
Although a more systematic tree management program is
desirable, funds are not currently available to provide
a full program. As an alternative, more contract
monies will be requested in the next yealr for Tree
Trimming and other tree services.
91-10-14: No Alcohol at Parks
See Takata memo of 1/25/92.
91-10-15: Daily Inspections at Parks
See Takata memo of 1/25/92.
91-10-16 : Painted vs. Burned Lines at Playfields
See Takata memo of 1/25/92.
In addition, a recommendation is forthcoming' regarding the
need to have a position on duty at all times when anyone is
incarcerated at our Police Facilities ' holding cells.
UUU(ll1
ITEM 91-10-15: WRITTEN FACILITIES INSPECTION PROGRAM
Presently, there is a written inspection program, but it is not
done on a daily basis. Staff to review staff schedules to see if
a daily written report program could be implemented.
ITEM 91-10-16: MARRING OF LIMIT LINES ON SOCCER AND BASEBALL
FIELDS
Staff is presently researching other methods of marking sports
field boundaries other than the current process of burning in the
lines.
AJT:kv
ins. lia
• MEMORANDUM
TO: Greg Luke
FROM: Mark Markwort
DATE: December 30, 1991
SUBJECT: Response to Safety Recommendations
of Insurance Company of the West
RECOMMENDATION 91-10-9
To assure that the sewage collection system operates as it
should and that a minimal number of spills, occur from the
failure of pumps, it is recommended that an electronic
telemetry system be set up and applied to all pump
stations/lift stations reporting to a central location, such
as the police department, in the event of a ''failure. (2-2-2)
REF: Insurance Company of the West Group Standards.
RESPONSE 91-10-9
The Wastewater Division's five year capital '',:improvement plan
includes $50, 000 for the installation of such a system. The
amount budgeted in the current fiscal year ; is $10, 000. The
Wastewater Division is anxious to install such a system and is
currently researching the various systems '';available in an
attempt to determine exactly what type would be the most
advantageous for the City to acquire.
RECOMMENDATION 91-10-10
The present location of the chlorine storage area at the
sewage treatment plant, and the distance of ',this location to
the contact point, presents significant hazards. The pipeline
from the storage area to the contact point 'is of particular
concern, and the fact that the cylinders are stored in the
open, with no protection, is also of particular concern.
It is recommended that the storage site and '',contact point be
at nearly the same point, to eliminate the necessity of piping
the material, and that all storage be enclosed per current
standards. In addition, a monitoring system should be
installed to detect any type of leak and this system should
report directly to the police dispatcher or another point
where response can be obtained. (3-3-1)
REF: National Fire Codes (NFPA 49 , 820 - Hazardous Chemicals
Data) , National Safety Council 1-207-79 . Manufacturers
Chemical Association FD80.
0000;A'3
RESPONSE 91-10-10 •
The Wastewater Division recognizes that the current
chlorination system is antiquated and requires a major
upgrade. Research has been conducted and upgrade options have
been narrowed to two:
1) Construct a new chlorination facility for the
continued use of CL2 (chlorine gas) including a
containment building and necessary scrubbers for a cost
of approximately $350, 000.
2) Construct a new chlorination facility which uses
inherently safer Sodium Hypochloride (liquid chlorine)
for the approximate cost of $150, 000.
In addition to it's low installation cost, Sodium Hypochlorite
is rapidly gaining favor as a disinfectant because of it's
innocuous nature. Gaseous chlorine, on the other hand, has a
potentially disastrous nature. Unfortunately, Sodium
Hypochlorite can cost up to six times as much as CL2 for an
equal amount of disinfection.
The Wastewater Division is in the process of selecting a
consultant for a general treatment plant up-grade which will
include the up-grade of it's chlorination system. The amount
budgeted for this up-grade over the next five years is
$2, 000, 000. The amount budgeted for the current fiscal year is
$50, 000.
RECOMMENDATION 91-10-11
To assist in determining the future operation of the sewage
plant, it is recommended that a study be undertaken to
determine the geologic structure of the area which could be
affected by the percolation ponds. It is important that the
path of the final effluent be determined as nearly as possible
so that potential long range pollution can be avoided. (2-3-1)
REF: Insurance Company of the West Group Standards.
RESPONSE 91-10-11
On December 10, 1991, the Atascadero City Council awarded John
Carollo Engineers a $75, 000 contract to conduct a study which
will examine the geologic structure of the area below
Atascadero's wastewater effluent percolation ponds.
0
000(x-1.}
•
M E M O R A N D U M
DATE: January 25, 1992
TO: Mark Joseph, Director
Administrative Services Department
FROM: Andrew J. Takata, Director
Department of Community Services
SUBJECT: SAFETY RECOMMENDATIONS INSPECTIONS BY' I.C.W.
GROUP INSURANCE COMPANY OF THE WEST
For your information, the following are responses to the survey
prepared for the City by the I.C.W. Insurance Company of the West.
above recommendations:
ITEM 91-20-1: CENTRALIZED FLEET MAINTENANCE PROGRAM
Presently, staff is researching a centralized fleet maintenance
program to maintain all City vehicles.
ITEM 91-10-5: PREDATORY ANIMAL DISASTER PREPAREDNESS PLAN
Presently, staff is working on a disaster plan to be included in
the City's emergency response program for the zoo and each of its
facilities.
ITEM 91-10-12: WEST MALL BRIDGE CROSSING ATASCAOERO CREEK -
SIGNAGE PROHIBITING HORSE TRAFFIC
The bridge (located on Highway 41) and signage is presently
controlled by Caltrans. Staff will request Caltrahs staff to place
a horse traffic sign on the west side of the bridge.
ITEM 91-10-14: PROHIBIT USE OF ALCOHOLIC BEVERAdES IN PARKS
The City Council has previously reviewed this issue and has made
policy to allow the use of alcoholic beverages in City parks. To
change this policy would take a City Council action.
REPORT TO CITY COUNCEL
• CITY OF ATASCADERO
*� ITEX: R-4
Through: Ray Windsor. City Manager IIVv" Meeting date: 2/25/92
From: Michael P. McCain, Acting Fire Chief
SUBJECT:
Cadet Firefighter Program
RECOMMENDATION:
That City Council approve the Cadet Firefighter Program.';
BACKGROUND:
Over the years our department has participated in the Atascadero
Unified School District Work Experience Program to allow student
workers to spend time at the fire department performing light
maintenance. For many years we have wanted to create a program
that would allow a student to learn more about fire and; rescue skills,
so the time spent at the fire department will be much more beneficial
to that student than just sweeping floors and washing windows.
® Therefore, I have worked with Atascadero High School representative,
Donn Clickard, to recommend a new work experienceprogram called
Firefighter Cadet to San Luis Obispo County's Special Education Local
Plan Area (SELPA). SELPA has agreed to back this program, assuming
all risks pertaining to insurance.
There are many departments around the country that have Cadet
programs. I believe the program that we are proposing will be
beneficial to many young students at Atascadero High School. A Cadet
Firefighter Program would allow interested students to observe
firefighters performing their skills during emergency situations. The
program would allow the students to ride along with' firefighers to
emergencies, observe from a safe location, assist in pick up of scenes,
take part in actual hands-on training, and perform station and
equipment maintenance duties.
The program is designed to allow a Cadet to learn and perform the
required skills of a firefighter with the only restriction being not
permitting entry into unsafe areas.
REPORT TO CITY COUNCIL •
SUBJECT: CADET FIREFIGHTER PROGRAM
PAGE 2
I have tried to get a program of this type off the ground before, but the
problem of liability has always been the stumbling block. Now that San
Luis Obispo County SELPA has agreed to assume all liability risks, I
hope we will be able to implement this program not only because of its
educational value to the students of our community, but also the
assistance that can be given to the fire department and community
during these times of manpower shortages.
FISCAL IMPACT:
There will be no costs to the City or Cadet Firefighters.
0000211d,
ATASCADERO FIRE DEPARTMENT CADET PROGRAM
•
Minimum qualifications
1 ) Student must be 16 years old
2) Student must possess a valid California Drivers License (Class C)
3) Provide proof of auto insurance
4) Must have good driving record (pass DMV background check)
5) Student must be in good standing at Atascadero High School
6) Good physical health (physical exam may be required)
7) Current SLO County medical release form signed by parent or
guardian
8) Pass oral interview
Purpose
The Atascadero City Fire Department Cadet Program is designed for
those individuals who are interested in pursuing a career in the fire
service. It will give participating individuals the opportunity to receive
training, respond to emergencies, participate in station and
equipment maintenance, fire prevention activities and other related
duties of a firefighter.
Selection process
An individual will be recommended for appointment after a selection
• committee (one member from the Atascadero High School and the
Fire Chief or his representative) selects individuals who:are interested
in a career in the fire service. Candidates must meet Cadet minimum
qualifications (#1-7 above) before being eligible to be interviewed.
Cadets will respond on emergency apparatus with engine companies
but will not fight fires or directly assist in rescue operations.
At no time will Cadets be directly participating in life threatening
situations.
A Cadets purpose is to respond with an engine company„ observe, pick
up equipment in non-hazard areas, pick up and deliver supplies as
needed to emergency scenes and other non-emergency assignments
as needed.
Responsibilities of Cadets
Cadets must maintain entry level qualification at all times.
Cadets must meet all Department standards pertaining to Reserve
Firefighters with the following exceptions:
1 ) Cadets must attend one Reserve training drill per month.
2) Cadets are not required to attend 50% of all general alarms.
3) Cadets are not required to attend Medical First Responder, Haz-
Mat First Responder and Firefighter Academy classes.
000(wN
ATASCADERO FIRE DEPARTMENT CADET PROGRAM
Responsibilities of Cadets continued :
Cadets must pass the Atascadero Fire Department mini-academy and
CPR class.
Cadets must demonstrate proficiency in department performance
standards
Costs
All equipment such as uniforms, boots, etc., will be provided by the
fire department. (Note: This will be done at no expense to taxpayers.
Donations from firefighter organizations and used clothing will be
utilized.) There will be not costs to the Cadet or the City.
Compensation
The Cadet will not be eligible for paid compensation of any kind from
the City of Atascadero.
Length of appointment
Students must participate (with satisfactory evaluation) for at least one
semester. Students may request to remain in the program at the end
of each semester and will be re-evaluated at that time.
Conclusion •
It is hoped that high school students who are interested in the fire
service as a career may benefit in the education and training available
through this program.
This program does not promise a career, job placement, or a
permanent Reserve or paid firefighter position with the Atascadero
Fire Department or any other fire department. It does provide the
career guidance needed to pursue a Firefighter career.
Michael P. McCain
2/18/92
,.SELPA
0
SAN LUIS OBISPO COUNTY
• • SPECIAL EDUCATION LOCAL PLAN AREA
nn San Luis Obispo County Superintendent of Schools
SAN LUIS OBISPO COUNTY Rancho EI Chorro - Highway One
SPECIAL EDUCATION Post Office Box 8105, San Luis Obi!po, CA 93403-8105
LOCAL PLAN AREA
September 25, 1991
TO: WorkAbility Job Placement Specialists
FROM: Laura Kirschner, Program Specialist
RE: WORKABILITY/WORKER'S COMPENSATION
Please use the following guidelines in the case of any WorkAbility student being injured on
the job. This applies even for what may be considered "first aid" cases.
o Inform your WorkAbility employers that any injured WorkAbility student must be
taken to one of the medical care centers on the attached listing. Please give all
• employers a copy of this list. They should also have the address of the claims office
which is listed on the attached card. This is where the medical care center sends the
bills.
o Employer must contact you (Job Placement Specialist) immediately.
o You must then contact me immediately and within 24 hours, I will send you the
proper forms which the student must fill out, with your assistance, and return to me
immediately.
o Be sure your students know to report injuries to their supervisors immediately.
If you have any questions about this process please contact me at 543-7732, Ext. 259.
0000;}�.►
worKers
Compensation
Administrators 201 S. Miller Street. Suite 209: Santa Maria. CA 93454 •
Telephone: (805) 922-9157 FAX (805) 349-2816
L-noa A. Larkins
Br;;ce P. White
SCHOOLS Or SAN LUIS OBISPO COUN-11 Y
SELF-INSURAiJCE PROGrIAM FOR EivIPLOYES
IPA EED'1C%AL PANEL
A"C"O GRANDE
The Doctors Office Dr. Maxwell Tuman*
1057 Grande Ave. 130 "B" South Halcyon
Arroyo Grande, Ca 93420 Arroyo Grande, CA 93420
(805) 481 -7220 (805) 480-5556
A i AS�ADERO
Medi-Quick Center San Luis Medical Clinic
5920 VV'. Mail 9415 El Camino Real
Atascadero, Ca 93422 Atascadero, CA 93422
(805) 466-0676 (805) 461 -94-14
P ASO ROBLES
Family Medical Group of Paso Robles North County Care_
614 13th Street 636 Spring Street
Paso Robles, Ca 93446 Paso Robles, Ca 93446
(805) 238-2665 (805) 238-2422
(Reviseu 2/91 ) Added to panel 2/91
0000:11
SLO County Schools Medical Panel September 20, 1991
SAN LUIS OBISPO
•
Med Stop Dr. Robert Harway (Orthopedist)
283 Madonna Road, Suite B 743 Pismo Street'
San Luis Obispo, Ca 93401 San Luis Obispo, CA 93401
(805) 549-8880 (805) 541 -4076
San Luis Medical Clinic San Luis Medical Clinic
1235 Oso Street 2035 9th Street
San Luis Obispo, CA 93401 Los Osos, Ca 93402
(805) 546-5600 (805) 528-3767
Dr. Mehring, D.C.
2238 Bayview Heights Drive
Los Osos, Ca 93402
(805) 528-7823
CAMBRIA
W. G. Sproule, M.D. Robert Gong, M.D.
2515 Main Street 2150 Main Street'
Cambria, Ca 93428 Cambria, CA 93418
(805) 927-3848 (805) 927-8671
MORRO BAY
San Luis Medical Clinic
660 harbor
Morro Bay, Ca 93442
(805) 772-7313
PISMO BEACH
Med Stop San Luis Medical Clinic
877 Oak Park Blvd. 567 Five Cities Drive
Pismo Beach, Ca 93449 Pismo Beach, Ca 93449
(805) 473-2200 (805) 773-0990
Hours Open: 5:00 P.M. - 9:00 P.M.
2
0000:1..
SL'-" county Schools Medical Panel September 20, 1991
PISMO BEACH - (Cont.)
San Luis Medical Clinic
855 4th Street
Pismo Beach, Ca 93449
(805) 546-5800
TEMPLETON
Dr. Franz Dietschak, D.C.
118 Main Street
Templeton, Ca 93465
(805) 434-2500
NIPC,441O
Nipomo Medical Center
150 Tejas Place
Nipomo, Ca 93444
(805) 929-3211
3
{)UUP►:1:
WORKABILITY PROGRAM
The WorkAbility Program is coordinated by SELPA for school
districts of San Luis Obispo county. It is designed for special
students to earn wages while gaining practical work experience.
These student workers are, in essence, employees. As such, they
are covered under the Labor Code, whether it be child labor laws,
or occupational health and safety laws, California Government Code .
'title 8 . Compliance with these codes is mandatory,; not discre-
tionary. The Risk and Loss Control Manager, the SELPA WorkAbility
Coordinator or the WorkAbility Job Placement Specialist will review
and evaluate the work-site information. This evaluation does not
preclude an on-site visit if requested by any of the above persons.
All applicable training required under Title 8 must be accomplished
prior to the participant's first day on the job. For this reason,
the following information must be provided prior to placement.
JOB DESCRIPTION SURVEY
Student and Coordinator Information:
Name of Student:
• Age: Grade Level:
School District:
WorkAbility Job
Placement Specialist: Phone:
Work Site Information:
Name of
Business: Phone.
Job Site Supervisor Phone: ',
Department (or area) where
participant will be assigned
( if applicable)
Start Date or
Approximate Start Date:
UUU0-1-i
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• Note No. l :
All personal protection equipment training and employee-right-
to-know safety training, and any other pertinent safety
training requirements shall be fulfilled prior to the
participant's first day of work. General Industry Safety
Order 5194 .
Note No. 2 :
The work site employer shall have proof of an ', active illness
and injury prevention program. General Industry Safety Order
3203 .
Note No. 3 •
only .program participants 18 years or older may operate
vehicles and only after they have been trained in defensive
driving training, such as that offered by the County
Superintendent of Schools. The participant's driving record
must be clear of moving violation citations.
Note No. 4•
No participant shall operate an industrial tractor or tow
motor without receiving the OSHA-required training course.
To Program Coordinator:
• Prior to beginning work in this program, the participants shall be
given the general safety rules for employees handbook to be
reviewed with them by their district coordinator.
The coordinator will certify that he/she has reviewed safety rules
with the participants and that the participants have indicated they
understand the contents. The participants will attest to this by
signing the acknowledgment page ( last page) in the safety booklet.
Certification
I certify that I have reviewed the Safety Rules for Employees
handbook with this program participant and he/she', has signed the
acknowledgment page of the booklet. I further certify that the
program participant has received applicable safety training for the
work he/she will be performing.
Date:
/s/ Program Coordinator
• 3
0000:A4;
()r FICE OF THE SAN LUIS OBISPO COUNTY SUPERI14TENDENT OF SCHOOLS
P. O . BOX 8105 , SAN LUIS OBISPO , CA 93403-8105
MEDICAL EMERGENCY RELEASE INFORMATION FORM
u •
NAME: SOCIAL SECURITYy
ADDRESS• PHONE:
AGE•
BIRTH DATE:
IN THE EVENT OF AN EMERGENCY, I HEREBY , AUTHORIZE THE EMPLOYMENT
PROGRAM WORKSITE SUPERVISOR TO OBTAIN EMERGENCY MEDICAL CARE FOR
(MINOR) WHEN NECESSARY. I UNDERSTAND
ALL EMERGENCY MEDICAL TREATMENT IS COVERED BY WORKERS' COMPENSATION
CARRIED BY THE SAN LUIS OBISPO COUNTY SUPERINTENDENT OF SCHOOLS.
DATE:
SIGNATURE OF PARENT/GUARDIAN:
ADDRESS:
HOME PHONE.:
BUSINESS PHONE:
OTHER PARENT/GUARDIAN NAME:
ADDRESS
HOME PHONE: BUSINESS PHONE:
SUPPLEMENTAL RESPONSIBLE PERSON:
ADDRESS:
HOME PHONE: BUSINESS PHONE:
MEDICAL INFORMATION:
1 . My child has a known health condition: Yes No Explain:
2 . My child has allergies to:
Medication: Yes No Explain:
Food: Yes No Explain:
SIGNATURE OF PARENT/GUARDIAN:
DATE:
x/89
med. re l 0000'. r
SELPA ,,.�,..
'€a SAN LUIS OBISPO COUNTY
� " • • SPECIAL EDUCATION LOCAL PLAN AREA
4
s5
n n San Luis Obispo County Superintendent of Schools
SAN LUIS OBISPO COUNTY Rancho EI Chorro - Highway One
SPECIAL EDUCATION Post Office Box 8105, San Luis Obispo, CA 93403-8105
LOCAL PLAN AREA
1VORKABII.HY TIZAINING SITE AGREEMENT
PROJ(iCr WORKAIIII.1'I'Y RFSPONSllill.1TIFS StJP(iRVISOR RF.SPONS[it l(.111F.S
As a Job Placement Specialist, I agree to: As a training site supervisor, I agree to:
1. Inform the student and the parent/guardian of the progranh rules and 1. Inform the student and,Job Placement Specialist of rules,regulations
regulations. and duties expected of the student trainee.
Z. Visit the student's training site and consult with the supervisor 2. Supervise the student trainee, assist in improving the training
regarding the training performance of the student. performance of the student and assign the student trainee to more
3. Correlate the job related classroom instruction with the learning responsible duties or positions if openings occur for which the
experiences at the training site. student trainee is qualified.
4. Assist in the resolution of the student's school or joh related 3. Plan a variety of training tasks/responsibilities.
problems that are affecting the training performance and the student. 4. Verify the hours the sttudent trainee works.
_. Provide the supervisor with evaluation forms and discuss the training 5. Confer with the Job'':Placement Specialist regarding the student
performances of the student with the supervisor and the Swdcnt. trainee's progress or nFed for additional help.
n. Provide the supervisor with the objectives of Project \\,orl:Abdity. 6. Discuss the training ':performance of the student with the Job
7. Report any student injuries to Vocational Education I'rogr:un Placement Specialist and complete the written evaluation form that
Specialist immediately. will be provided.
7. Inform the Job Placement Specialist when planning to terminate a
Job Placement Specialist Signatur'c: student's training.
8. In the case of an injured WorkAbility student: Take student
T?NT RESPONSflill,1711FS immediately to authorized physician and report injury to Job
Placement Specialist.
udent participant of Project WorkAbility, 1 agree to: 9. Assign the student trainee the following:
1. Follow the program rules and regulations established by the school
and the supervisor. Type of Work:
2. Obtain a Socia! Security Card and a Work Permit if needed.
3. Submit a time card to verify the numbers of howl of training Starting Dale: Work Hours:
received as required by the.lob I'!accment Specialist.
4. Maintain regular attend:ncc and punctuality in School and :t the Work Days
training site.
Regularly attend the job reL•tcd classroom instruction. Tclephone Number:
Notify my Job Placement Specialist within one day if I um released
from my training site. Firm Name:_
7. Notify my supervisor before I ,im due at work if an illness or
emergency prevents tile from working. Firm Address:
S. Consult With the Joh I'I;tcenhent Specialist if I should find it
necessary to terminate my trvning before I make a commitment to As the supervisor, I am subject to the Federal Fair Labor Standards Act.
do so.
9. Remain in Project WorkAbility for the entire semester unless Supervisor Signature:
excused Liv the Job Placement Specialist.
I0. Report any injuries to my supervisor immediately. PARENT/GUARDIAN RFSPONS(R((_r -.S
11. Be covered as an cmplovice of tic San Luis Obispo County Ol7ice of
Education (acting as adninistr;iuon for the SI'l-PA) for Workers As a parent/guardian of a student trainee in Project WorkAbility, I agree to:
compensation purposes. 1. Encourage the student to effectively carry out the duties and
responsibilities of the program and at the training site.
2. Arrange transportation: for the student to and from the training site
Student Signature: and accept liability if incurred.
3. Provide the student with adequate insurance coverage while traveling
and from the training site.
Parent/Guardian Signature:
• %ddress:
I{nergencv Tclephone: f{one Telephone:
:'RAINING A(;Rl:I?MI?N'I'COMI'LEIION DA"ITh
S:VWK)
ODUt 1 6
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: C-1(A,B,C)
Via: Ray Windsor, City Manager Mtg.';, Date: 2/25/92
From: Henry Engen, Community Dev. Director-9 File No: Final EIR
ZCO9-91
TTMO7-91
CUPO4-91
SUBJECT:
Factory Outlet Retail Center:
Public hearing to consider certification of Final Environmental
Impact Report and approval of proposed 89,067 square foot Factory
Outlet shopping center at 2100 E1 Camino Real. Approval requires
certification of the Final Environmental Impact Report and approval
of a zoning change, a tentative parcel map, and a conditional use
permit.
RECOMMENDATION:
1. That the Final Environmental Impact Report be 'certified as an
adequate document under the provisions of CEQa.
2. That Zone Change 09-91 be approved based on the Findings found
in Ordinance No. 240.
3. That Tentative Parcel Map 07-91 be approved based on the
Findings for Approval in Attachment Q and'', Conditions of
Approval in Attachment S.
4. That Conditional Use Permit 04-91 be approved based on the
Findings for Approval in Attachment R and this Conditions of
Approval in Attachment S (revised) .
BACKGROUND:
Following public hearings before the Planning '; Commission on
December 3, 1991 and February 4, 1992, the Planning Commission, on
a 6:0: 1 vote, recommended approval of the certification of the EIR,
and approval of the entitlements required to develop the center.
As noted in the attached minutes excerpts of those meetings, issues
raised by the project, especially drainage and traffic, have been
resolved with conditions that appropriately respond to project
impacts. The project applicants have been,: exceptionally
cooperative in dealing with issues identified through this process.
These matters are addressed in the accompanying enclosures and will
be explained in detail at the City Council' s public hearing.
0000:13
HE:ps
cc: Golden West Development Corporation
Yehuda Netanel Inc.
SEDES
Under Separate Cover: Final Environmental Impact Report. - SEDES
Site & Environmental Design - January, 1992
Attachments: Planning Commission Staff Report - 2/4/92
Planning Commission Staff Report - 12/3/91
Planning Commission Minutes Excerpt - 2/4/92
Planning Commission Minutes Excerpt - 12/3/91
Ordinance No. 240 - Zone Change 09-91
Attachment S: Revised Conditions of Approval -
TPM 07-91 and CUP 04-91
0000110
CITY OF ATASCADERO Item: B-2
STAFF REPORT
FOR: Planning Commission Meeting Date: February 4, 1992
BY: Doug Davidson, Senior Planner File No: : FINAL EIR
CUP 04-91
TTM 07-91
ZC 09-91
SUBJECT:
Consideration of a request to construct an 89, 067 square feet
factory outlet retail center. The project requires ' several
levels of entitlement, foremost among the them the certification
of the focused Final Environmental Impact Report (EIR) as
adequate under the guidelines of the California Environmental
Quality Act (CEQA) . Approvals of a Zone Change, Tentative Parcel
Map, and Conditional Use Permit will also be reviewed and
recommended for approval as conditioned.
RECOMMENDATION:
The PlanningCommission fission should recommend to the City Council the
following actions:
1. That the focused Final EIR be certified as an adequate
document under the provisions of CEQA.
2. That Zone Change 09-91 be approved based on the Findings as
found in the Draft Ordinance (Attachment T) .
3. That Tentative Parcel Map 07-91 be approved based on the
Findings for Approval in Attachment Q and the Conditions of
Approval in Attachment S.
4. That Conditional Use Permit 04-91 be approved (based on the
Findings for Approval in Attachment R and the Conditions of
Approval in Attachment S.
SITUATION AND FACTS:
1. Applicant. . . . . . . . . . . . . . . . . . . .Yehuda Netanel Inc.
California Factory Stores
2. Representative. . . . . . . . . . . . . . .Golden West Development
3. Project Address. . . . . . . . . . . . . .2100 El Camino' Real
000011 L
-2-
4. General Plan Designation. . . . .Tourist Commercial
Commercial Park
5. Zoning District. . . . . . . . . . . . . .CN (Commercial Neighborhood)
CPK (PD1) (Commercial Park)
(Planned Develop. Overlay)
6. Site Area. . . . . . . . . . . . . . . . . . . .6.96 acres
7. Existing Use. . . . . . . . . . . . . . . . .Vacant
8. Environmental Status. . . . . . . . .Final Environmental Impact
Report
BACKGROUND:
On May 28, 1991, Conditional Use Permit 04-91 was submitted, a
request to construct a 89,067 square foot factory outlet center.
Based upon the initial study, it was determined that the proposed
project could result in a significant effect on the environment.
Thus, under the guidelines of the California Environmental
Quality Act (CEQA) , a focused Environmental Impact Report (EIR)
was prepared. The EIR must be certified as an adequate document
under CEQA before any project approvals are granted.
On December 3, 1991, a public hearing was held on the draft EIR.
This hearing was held during the 45 day review period to gather
public comments on the Draft EIR. This review period ran from
November 5, 1991 through December 19, 1991. The consultant has
since prepared the response to comments. This response, together
with the draft EIR, comprises the final EIR. (Comments on the
Draft EIR and the associated responses are contained on Pages R-1
through R-53 of the Final EIR. )
ANALYSIS:
With the 45 day review period complete and all responses to the
EIR received and responded to, the project can be reviewed in its
entirety - that is the certification of the EIR and review of the
necessary entitlements.
EIR
The 45 day review period generated comments from governmental
agencies, public utilities, City departments, and local
residents. Public comment was also received at the Planning
Commission public hearing on December 3, 1991. Most of the
public remarks centered on the issues of traffic and drainage,
although comments were also received on the visual and fiscal
impacts of the project. Also, a number of letters were received
in support of the project, based primarily on the revenues and
new jobs the project would generate. The consultant has provided
000( ,tz'
-3-
responses to each comment relating to the Draft EIR!; as shown on
• Pages R-47 through R-53 in the Final EIR.
Although the EIR concludes that all environmental impacts of the
project can be mitigated, the issues of traffic and' drainage
dictate careful examination to avoid overloading the area' s
infrastructure.
Drainage
The issue of drainage is particularly important since the site
would become 85 percent impervious, in an area where the State
Department of Transportation (Caltrans) has indicated that the
existing drainage system is currently at capacity. A portion of
the site drains northward via a series of culverts and drainage
ditches toward Graves Creek. The southern 2.5 acres also
eventually drains to Graves Creek through culverts and swales
which disperse storm water west of Ramona Road.
The applicants originally proposed an on-site detention basin to
handle increased runoff to the north and a storm drain along
Ramona Road to direct the southerly runoff to Graves Creek in a
concentrated manner. In order to provide adequate detention
storage area, however, 40 percent of the parking area would be
flooded from a depth of 1.5 feet to 3.5 feet. Depending on the
severity of the storm, the parking lot could remain; flooded for
up to three hours. The potential hazard this presents results in
an unacceptable drainage solution.
The EIR suggested five alternatives to control the ';increased
runoff from the project. The applicant' s engineer ',prepared and
submitted revised drainage plans and calculations during the
public review period. To address the limitations of the local
drainage system, particularly of the Caltrans facilities, and to
provide a functional parking lot during storms, the: project
engineer used a combination of the mitigation measures suggested
on Pages IV-26-27 of the EIR. The revised drainage design limits
storm water detention in the parking lot to no more than one foot
for a maximum of one hour. Furthermore, Caltrans has agreed that
on-site detention, along with drainage improvements on Ramona
Road, can accommodate the additional runoff attributed to the
factory outlet.
In this case, the suggested mitigation measures of the EIR have
offered a practical solution to eliminate potentially significant
environmental impacts. During review of detailed engineered
plans, these measures will be incorporated into the project
drainage design.
Traffic
A number of mitigation measures are proposed to accommodate the
significant traffic generated by the retail center.'' They are
broken down into those triggered by the project, as well as
0000'.1 3
-4-
short-term and long-range cumulative impacts. These include the
widening of E1 Camino Real, addition of left/right turn lanes,
and the installation of a traffic signal at El Camino Real and
Del Rio Road.
The most substantial suggested traffic mitigation measure is the
contribution to widening the Del Rio Road bridge over Highway 101
to provide left turn lanes between the ramps. In a letter dated
November 27, 1991, Caltrans asserts that this improvement should
be done in conjunction with construction of the project. The
widening of the over crossing is expected to cost approximately
$800, 000. The traffic consultant for the EIR has calculated a
share of 33 percent for the project' s contribution, assuming City
participation. Without City participation the consultant
believes that a 55 percent contribution is justified.
The substandard condition of the Del Rio Road over crossing
created a dilemma for all concerned - the degree of participation
and timing of the bridge widening was clearly the most frequent
and controversial of the public comments received. On one hand,
the factory outlet is not responsible for the entire cost, yet
the bridge widening is necessary upon operation of the retail
center. Furthermore, and of paramount importance, is that
neither the City nor State has the necessary funds to contribute
the remainder of the cost. Lastly, there does not appear to be a
ready-made mechanism to ensure a timely deferral or future
assessment for the bridge widening.
During the review period, the developers proposed the
installation of a traffic signal on the east end of the overpass
as an alternative to bridge widening. Caltrans has stated that
this does not eliminate the need to widen this substandard rural
over crossing since the area is becoming urbanized with large
scale retail uses. Subsequently, Golden West Development hired
Associated Transportation Engineers (ATE) to review the traffic
counts and associated findings of the EIR traffic analysis. The
summary of this critique is that the trip generation estimates
are overstated, and as a result the recommended mitigation
measures are not all warranted. The ATE report bases its
conclusions on several factors, among them, that the traffic
journal relied on in the EIR to calculate trip generation,
surveyed factory outlets on the east coast in urban tourist
oriented areas. Additionally, the project specific comparison
used the factory outlet in Gilroy - a location the ATE study
declares contains a considerably greater population base and
double the freeway volume of Highway 101 at Del Rio Road. Keith
Higgins, traffic consultant for the ESR, has reviewed the ATE
critique and the reply is included on page R-48 of the Response
to Comments.
Caltrans representatives, in a meeting with City staff on
December 31, 1991, suggested that three interconnected traffic
signals might provide the equivalent benefit to widening the
bridge. They also volunteered to run a specialized computer
-5-
program which analyzes the warrants for traffic sig:nalization.
• The computer program confirmed that traffic signals at the
intersection of Del Rio Road and E1 Camino Real, as well as, the
northbound and southbound ramps on the Del Rio bridge would
eliminate the need for bridge widening in conjunction with the
factory outlet. As stated in the letter from Caltians
(Attachment J) and the conclusions of the EIR, this should be the
sole responsibility of the developer. Condition of Approval #11
of the Conditional Use Permit contains the recommended traffic
improvements.
The environmental issue of land use is covered undelr the Zone
Change heading of this report. Other issues identified in the
EIR, such as visual and biological resources, are analyzed under
the Conditional Use Permit section. The remaining ',issues, such
as glare and effluent disposal, are primarily addressed in the
recommended Conditions of Approval.
Zone Change
The existing zoning on the site is CN (Commercial Neighborhood)
on the two corner lots and CPK (PD1) (Commercial Park) (Planned
Development Overlay No. 1) for the three remaining 'lots. The
request is to designate the entire factory outlet site as CPK,
including the PD1 Overlay to establish specific development
standards.
The Draft General Plan Land Use Update proceeded with this
project in mind - in other words, the entire site for the
proposed factory outlet has been labeled CPR pending review of
the project. Otherwise in the Land Use Update, the CPK
designation is to be replaced with IP (Industrial Park) . This
strip between E1 Camino Real and U.S. 101, south of 'Del Rio Road
is the only area affected by this change. The Land Use Update
also designates the corner lot of the service station as Tourist
Commercial, as well as the restaurant on the northwest corner of
the intersection. These changes are now in effect,''; as the City
Council adopted the Land Use Element Update, including both new
Map designations and policies, at their meeting on '';January 14,
1992.
Now that the entire site is designated Commercial Park on the
Land Use Map, the proposed Zone Change becomes a necessary
follow-up action to ensure consistency. The EIR and prior staff
report (dated December 3, 1991) assert that a comprehensive
development plan, which precludes a piecemeal land '',use pattern,
is appropriate in the CPK Zone. The factory outlet certainly
carries out this intent, as well as upholds the newly adopted
Land Use policy of creating specialized activity nodes along E1
Camino Real.
0000it z,
-6-
Conditional Use Permit •
A Conditional Use Permit is required for several aspects of the
project. First, the project is in excess of 10, 000 square feet.
Secondly, the proposed maximum building height of the towers (50
feet) exceeds the height limit in the CPK zone of 45 feet. Also,
the proposed signs are in excess of Zoning Ordinance standards.
Lastly, the 36 inch oak tree proposed for removal to accommodate
road widening requires action by the Planning Commission. Other
items to be covered in this portion of the analysis are
architectural design, landscaping, parking, and other development
standards of the Zoning Ordinance.
Building Height
The 45 foot height limit in CPK zones is normally overridden by
the Fire Department equipment limitation of 30 feet. In this
case, the building is to be fully equipped with an automatic
sprinkler system. Additionally, the concern of the Fire
Department over the ability to access the tower areas (as
expressed in November 19, 1991 memo) has been resolved - the
roof area will allow these higher portions of the building to be
accessed.
With the safety concerns addressed, building height is also an
aesthetic issue, as noted under the Visual Resource section of
EIR. The EIR suggests that the building height should be limited
to 20 feet, with the towers not to exceed 40 feet, in order to
present a compatible image to the surrounding neighborhood.
Staff believes, however, that the proposed building heights are
proportionally correct and a reduced height will add to the
linear appearance of the building.
Building Design
Similarly, the EIR suggests that the mansard tile roof be
extended the entire length of the freeway elevation, but this
design feature would also increase the linear appearance of the
structure. The break in the roof design provides an image of
separation among the architectural elements.
The project architect revised the elevations during the review
period, particularly on the freeway face of the building. This
was in response to concerns of staff and the consultant over
large blank building surfaces within public viewsheds. By
providing one foot recessed arches on the rear building face, the
design contains architectural treatment and alleviates a flat,
void surface.
Planning staff is recommending some architectural design changes
and additions. These are phrased somewhat conceptually as
Conditions of Approval to allow flexibility during building
00001*14;
-7-
permit plan check. These proposed changes are summarized as
follows:
1. The tower and vertical elements of the front elevation
should be extended through to the rear elevation to avoid a
one-sided appearance. This also will break up the linear
look of the building from the freeway.
2. While the vertical features break up the plane; of the roof
line, no focus or finishing point is provided at the end of
the building. An architectural element at the end of each
side of the building, on both the front and rear elevations,
would provide an edge to the design theme and ''relate to the
three central towers of the building.
3. The existing service station should be remodeled within a
reasonable period of time in order to be architecturally
compatible with the shopping center. Although, this parcel
is not actively a part of this development, it, is under same
ownership and included in the parcel map application.
Signs
Sign identification for the center is proposed in two ways:
1. Two (2) freeway oriented monument signs, one located on the
southern end of the site, the other on the northern end.
Each proposed sign is 196 square feet and 50 feet in height.
These signs are not the typical pole-mounted variety, but
architectural elements similar in material and design to the
building.
2. Individual tenant signs composed of two foot letters, not to
exceed 70 percent of each storefront. The applicant
proposes to limit tenant signage on the freewajy elevation to
above the recessed arch areas.
The Zoning Ordinance allows freeway signs through Conditional Use
Permit approval at a maximum height of 50 feet and ',125 square
feet. Staff has viewed target signs on the site at the proposed
location, height, and size of the freeway signs. Due to the
site' s location in relation to the freeway over crossing and
alignment, two signs at a 50 feet height are justified. Neither
sign at a lower height would be visible above the Del Rio over
crossing in a southbound direction, supporting the northerly
sign. Likewise, one sign in the north or central part of the
site would not be visible from a northbound perspective until
after passing the Del Rio off-ramp, supporting the ',request for a
sign at the south of the site. The Conditions of Approval limit
the Exxon Sign to the northerly sign only, thus limiting the
southerly sign to 125 square feet.
000().1'1
-8-
In addition to the site' s setting and visibility in relation to
the freeway, two freeway signs also recognizes the unique and
regional nature of the project. A factory outlet is clearly
regional in scope, as well as a shopping destination which will
attract highway travelers from beyond the immediate area. The
City' s Zoning Ordinance did not foresee such a land use - one
which warrants special consideration in freeway identification.
The proposed tenant sign package closely mirrors the City' s
evolving criteria by limiting signs to a percentage of
storefront. Tenant signs on the rear of the building are
recommended to be restricted to above the recessed arches, not
scattered throughout the building surface as shown on Attachment
M. Staff is recommending that signs be limited to 65 percent of
the storefront to correspond with other recent approvals.
Other Development Issues (Parking and Landscaping)
The number of proposed parking spaces is well in excess of the
City' s one per 300 square feet of retail floor area. A ratio of
one parking space per 200 square feet is provided in an attempt
to meet the projected needs of the tenants. An adequate number
of handicapped and compact spaces are included. The Zoning
Ordinance standards of parking lot dimensions and circulation are
also satisfied. Furthermore, the Fire Department has confirmed
that the turning radii are sufficient for emergency vehicles.
Landscape plans in conformance with the Zoning Ordinance are
contained in Attachments E and F. Over 10 percent of the parking
area is landscaped, included shade trees at approximate 30 feet
intervals. Attachment F shows that parking will be screened from
public view on El Camino Real and the freeway by means of small
walls and landscaping. The proposed freeway planting will also
screen the transformers and trash enclosures from view of the
traveling public. Mitigation measures from the EIR, such as an
emphasis along the south property line, are incorporated in the
recommended Conditions of Approval.
Lastly, a 36 inch oak tree (shown as 28" in Attachment G) is
located within the E1 Camino Real right-of-way and should be
removed to accommodate road widening. The only other native oak
tree on the site (also 28" in diameter) is to be preserved in the
front parking area.
Tentative Parcel Map
The proposed parcel map is a resubdivision and lot merger
designed to conform to the factory outlet project. The
subdivision would combine the existing five lots into two
parcels. The proposed factory outlet would comprise Parcel 2
(6.96 acres) , while Parcel 1 would encompass the existing service
station. Although the Exxon station is currently designated as a
0000118
-9-
separate assessor' s parcel number, it is not a legally created
• parcel. The proposed map would rectify this historical
misrepresentation.
There is normally no minimum lot size in commerciallzones.
Minimum lot size is determined by market factors, site
constraints, and development plans. The CPK Zone, however,
establishes a minimum lot size of two acres. According to the
Zoning Ordinance, the purpose of the Zone and its two acre
minimum requirement is "to provide for large lot commercial and
light manufacturing uses. It is intended that special attention
be given to providing for comprehensive development '';plans to
achieve appropriate functional relationships between various uses
and to preclude piecemeal development of existing larger lots. "
The proposed parcel map carries out this purpose directly and
also complies with the applicable sections of the City' s
Subdivision Ordinance on commercial subdivisions.
CONCLUSIONS:
The fundamental goal for environmental impact reports under the
California Environmental Quality Act is to "identify the
significant effects of a project on the environment; to identify
alternatives to the project, and to indicate the manner in which
those significant effects can be mitigated or avoided. " Staff
believes that the draft EIR has recognized the potential
environmental impacts of the project, resulting in ax redesign of
the project during the public review period. In the areas of
major public improvements, particularly sewer, drainage, and
traffic, the EIR provided the framework to evaluate alternatives
and provide solutions. The EIR also promoted the City' s
Appearance Review Guidelines and Zoning Ordinance in
architectural and site design. The result is a project which
contributes economic benefit to the City, while at the same time,
meets its obligation to provide adequate public improvements in
an environmentally sensitive way.
SEPARATE COVER: Final Environmental Impact Report, '' Site and
Environmental Design - January 1992
0000.19
-10-
•
ATTACHMENTS: Attachment A - Zoning Map
Attachment B - General Plan Map
Attachment C - Site Plan
Attachment D - Tentative Parcel Map
Attachment E - Landscape Plan
Attachment F - Landscape Sections
Attachment G - Tree Removal/Protection Plan
Attachment H - Grading/Drainage Plan
Attachment I - Recommended Road Improvements (EIR)
Attachment J - Letter from Caltrans (Jan. 9, 1992)
Attachment K - Floor Plans (Building 1)
Attachment L - Floor Plans (Building 2)
Attachment M - Elevations (Building 1)
Attachment N - Elevations (Building 2)
Attachment O - Proposed Signs
Attachment P - Development Statement
Attachment Q - Findings for Approval - TPM 07-91
Attachment R - Findings for Approval - CUP 04-91
Attachment S - Conditions of Approval
Attachment T - Draft Ordinance
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ATTACHMENT F
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CITY OF ATASCADERO
r4; lt� ' CUP 04-91/TTM 07-91
"'• FINAL EIR
COMMUNITY DEVELOPMENT
DEPARTMENT
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\' , TREE REMOVAL/PROTECTION PLAN
CITY OF ATASCADERO
. ` CUP 04-91/TTM 07-91
F I''!N A L E I R
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CUP 04-91/TTM 07-91
rI•�+' FINAL EIR
4COMMUNITY DEVELOPMENT
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ATTACHMENT I
RECOMMENDED ROAD IMPROVE—
loses .i • 11 CITY OF ATASCADERO MENTS (EIR)
X's ,:�-,'"'""". . . CUP 04-91/TTM 07-91
� , COMMUNITY DEVELOPMENT FIMAL EIR
A CAD
DEPARTMENT
SIGNALIZE
PROJECT TO INCLUDE
2-WAY 1,111T TRANSITION To MAT(_II
1' 100' DI's,RIO TURN IANR EXISTING 60 MPII
APARTMENTS ADD 2-200'Lfi'1 V DESIGN SPEED
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CAMINO REAL OUTLET CENTER
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STATE OF CALIFORNIA—BUSINESS, TRANSPC('4TION AND HOUSING AGENCY PETE WILSON, GOvemO/
DEPARTMENT OF TnANSPORTATION
P.O. BOX 8114 ATTACHMENT J
SAN LUIS OBISPO, CA 93403-8114 LETTER FROM CALTRANS
TELEPHONE: (805) 549-3111 (JANUARY 9, 19 9 2)
TDD (805) 549-3259 ^s T".1%–,n * ... C U P 04-91/TTM 07-91
r` FINAL EIR
January 9, 1992
5-SLO-101-48.33
Camino Real Fashion
Outlets (Passer II)
SCH# 91071066
Mr. Doug Davidson
Community Development Department
6500 Palma Avenue
Atascadero, CA 93422
Dear Mr. Davidson:
In a recent meeting held in December between Caltrans, the
Developer's Environmental Consultant and the City Staff, we
discussed the traffic impacts that would be created by the
construction of the Camino Real Fashion Outlet to the Route
101/Del Rio Road overcrossing. The following is a synopsis of
the traffic issues:
a. The existing Del Rio Road overcrossing is only two lanes
wide and does not allow for left turn channelization. While
it operates at an acceptable level of service now, any
significant traffic increase, such as would be caused by the
development of fashion outlets, would drop it to
unacceptable. We all agreed that the best solution to the
increased congestion, that would be created by this and
other future development in the area, would be to widen the
Del Rio Road bridge to at least three lanes. This would
then allow for left turn channelization. This option was
rejected as being too costly, at the present time, but
should be considered later as more development occurs.
b. The Associated Transportation Engineers' in their letter
dated December 12, 1991, on behalf of the developer,
recommended signalizing the Del Rio Road/Camino Real
intersection. Caltrans rejected this idea as it would only
exacerbate traffic problems at the Freeway ramps
intersections with Del Rio Road. Caltrans felt that all
three intersections should be signalized which included the
northbound and southbound ramps with Del Rio Road. These
three signalized intersections should be interconnected so
as to function as a unit. This mitigation should be funded
by the fashion outlets development.
i
I
000060
AT';TACHMENT J (CONT . )
LETTER FROM CALTRANS
( 1'';/9 /92)
Mr. Doug Davidson CUP 04-91/TTM 07-91
S January 9, 1991 FINAL EIR
Page 2
C. Caltrans volunteered to run the Passer II program on the
three intersections. Passer II is a computer 'program that
provides traffic level of service where signalized
intersections affect each other. The attached data from
Passer II, shows that signalizing the three intersection is
a valid mitigation. Even after the fashion outlet is built
and operating, with proper signal phasing, we 'could achieve
a LOS "B" for all intersections. It also showed that using
the projected build out volumes, that an LOS "',D" was
possible - for those same intersections.
We recommend the City of Atascadero require the E1 '';Camino Real
Fashion Outlet developer to design and signalize the three
intersections referenced above. The signals should also be
interconnected for coordinated operation. Since this will reduce
the impacts of the development to an insignificant ',level, we
recommend that the developer not be required to develop
engineering plans for the bridge widening.
Thank you for the opportunity to comment. If you have any
questions, please contact me at (805) 549-3683 .
Sincerely,
WayfTe M. Schnell
District 5
Intergovernmental Review Coordinator
i
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0000#=�,
ATTACHMENT
FLOOR PLANS (BUILDING 1)
goes e 1 CITY OF ATASCADERO
CUP 04-91/TTM 07-91
r15 can 1070-7 FINAL EIR
COMMUNITY DEVELOPMENT
DEPARTMENT
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CITY O FLOOR PLANS (BUILDING 2 )
F ATASCADERO CUP 04-91/TTM 07-91
+�-7� FINAL EIR
COMMUNITY DEVELOPMENT
DEPARTMENT
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CITY OF ATAS ELEVATIONS (BUILDING 1)
��ER O CUP 04-91/TTM 07-91
�"""�■ ""� FINAL EIR
' COMMUNITY DEVELOPMENT
DEPARTMENT
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ATTACHMENT N
ELEVATIONS (BUILDING 2 )
CITY OF ATASCADERO CUP 04-91/TTM 07-91
FINAL EIR
COMMUNITY DEVELOPMENT
• „p ' DEPARTMENT
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ATTACHMENT 0
a PROPOSED SIGNS
CITY OF ATASCADERO CUP o4-9i/TTM 07-9I
�� .,.. --
r� j■ fau "�. FINAL EIR
COMMUNITY DEVELOPMENT
DEPARTMENT
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ATTACHMENT P
DEVELOPER' S STATEMENT
Addendum to Developer's Statement Cu P 04-91/TTM 07-91
FINAL EIR
Camino Real Fashion Outlets
S.W.C. Del Rio and Camino Real, Atascadero
1. Architectural:
Camino Real Fashion Outlets will be a tribute to the mission style Architecture.
One of the strong visual elements of this distinct architectural style is a long
colonnade, with arched opening between the columns. We intend to construct a
project which adheres as much as possible to this style and use appropriate type of
pavers ceramic tile, hanging plants and other visual elements needed to achieve an
"authentic feel" as much as practical. The. need for a linear placement of the
building is certainly mitigated by:
A The inp:ementation of an architectural style indigenous to the area's
heritage and building's foot print.
S The building is set back from the street approx. 150 feet.
C A large existing oak tree will function as a partial screen along with
additional landscaping in the parking area.
2. Parkin
An outlet center is designed to attract shoppers off the major Highway the center
is adjacent to. This fact is what distinguishes outlet centers From conventional
shopping centers. The need for greater parking ratios is evident. We need to
® have as much parking as we have proposed to eliminate customers illegal parking
practices. It is also important to the long range economic viability of the project.
Parking at the project must also recognize local shoppers and employees in
addition to the highway travellers.
3. Highway Orientation:
Since the travelling public is the mainstay of the outlet business. It is critical to
announce to the public the location of the center in time for a'safe lane change,
'
slow down and exiting off the Highway. This is typically done by'
the use of a pylon
sign.
In the case of Camino Real Fashion Outlets, great care was given to aesthetic
values. A plain pylon sign will not be used. Instead two (2) "Bell Tower" elements
are integrated into the projects architecture as proposed. These towers will not
display any specific store name, just the Centers name. The exact height will be
determined after a visual line of sight study is performed on location. You are
invited to participate and will be informed when the field test will take place.
It is our proposal that the Northerly tower will be executed in the such manner to
incorporate the existing Exxon sign to reduce visual clutter and by so doing, add
the visual aesthetic of the Highway viewshed.
Some of the major tenants in the outlet business insist on having their name
visible from the highway. (This is one of the main reasons why the freeway
adjacent location is chosen) We propose to limit the number ,of these names to
the number of recessed arches we will have along the freeway side (approx. 9).
ATTACHMENT Q - Findings for Approval
Tentative Parcel Map 07-91
2100 E1 Camino Real (Camino Real Fashion Outlet/Golden West)
February 4, 1992
MAP FINDINGS•
1. The proposed map is consistent with the applicable
General or Specific Plan.
2. The design and/or improvements of the proposed subdivision
is consistent with the applicable General or Specific Plan.
3. The site is physically suitable for the proposed type of
development.
4. The site is physically suitable for the proposed density of
development.
5. The design of the subdivision, as conditioned, and 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 design of tie subdivision and/or the type of proposed
improvements will not cause serious health problems.
000O#z8
ATTACHMENT R - Findings for Approval
Conditional Use Permit 04-91
2100 E1 Camino Real (Camino Real Fashion Outlet/Golden West)
February 4, 1992
ENVIRONMENTAL FINDING:
The proposed project will not have a significant impact on the
environment. Changes or alterations have been required or
incorporated into the project which avoid or substantially lessen
the environmental effects as identified in the final EIR.
The mitigation measures of the Focused Environmental Impact
Report have been incorporated into the Conditions of Approval for
the project. The City' s Mitigation Monitoring program will
ensure that all mitigation measures are implemented'' in a timely
manner.
PROJECT FINDINGS:
1. The proposed project is consistent with the General Plan.
2. The proposed project, as conditioned, satisfies all
applicable provisions of the Zoning Ordinance.',
3. The establishment and subsequent operation or conduct of the
use will not, because of the circumstances and conditions
applied in the particular case, be detrimental to the
health, safety, or welfare of the general public or
persons residing or working in the neighborhood of the
use, or be detrimental or injurious to property in the
vicinity of the use.
4. The proposed project, as conditioned, will not be
inconsistent with the character of the immediate
neighborhood or contrary to its orderly development.
5. The proposed use or project will not generate !a volume of
traffic beyond the safe capacity of all roads ''providing
access to the project, either existing or to be improved in
conjunction with the project, or beyond the normal traffic
volume of the surrounding neighborhood that wo'Uld result
from full development in accordance with the Land Use
Element.
6. The proposed project, as conditioned, is in compliance with
the City' s Appearance Review Guidelines.
ATTACHMENT S - Conditions of Approval
Tentative Parcel Map 07-91
Conditional Use Permit 04-91
2100 E1 Camino Real (Camino Real Fashion Outlet/Golden West)
February 4, 1992
CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP:
1. This Tentative Parcel Map is approved as shown in Attachment
D, Attachment S, and all requirements of the City' s
Subdivision Ordinance and the Subdivision Map Act.
2. Prior to recording of the map , a soils report shall be
submitted with recommendations for construction and
prevention of structural damage. The date of such report,
name of engineer, and location where reports are on file
shall be noted on the final map.
Public Works Conditions
3. All conditions of approval imposed upon Conditional Use
Permit 04-91 shall be complied with prior to the recording
of the Parcel Map unless arrangements for deferral have been
made with the Director of Public Works.
4. The subdivider shall acquire necessary title or interest in
any off-site land that may be required to allow the
construction of public improvements. The subdivider shall
also gain concurrence from all adjacent property owners
whose ingress or egress is affected by these improvements.
5. All existing and proposed utility, pipeline, open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements
they shall be noted on the final map.
A ten ( 10) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages.
6. The new subdivision shall be connected to the public
sewer. Sewer main extension plans shall be submitted for
review and approval by the Public Works Department as
outlined in the conditions of approval for Conditional Use
Permit 04-91.
1
0000`>��
7. The Subdivider shall provide drainage easements and/or
drainage releases from the points of concentration of storm
water leaving the project boundary through adjoining
properties to the nearest natural watercourseskas approved
by the Public Works Department.
8. A Drainage Maintenance Agreement, in a form acceptable to
the City Attorney, shall be recorded in conjunction with or
prior to the recording of the map.
9. Offer to dedicate to the public for public utility
purposes the following easement.
a. A 10 '-0" PUE along all street frontages.
10. Offers of dedication shall be completed and recorded prior
to or in conjunction with the recording of the'' map.
11. 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.
0 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.
12. Approval of this tentative map shall expire two years from
the date of final approval unless an extension' of time is
granted pursuant to a written request prior to; the
expiration date.
2
0000'1
CONDITIONS OF APPkOVAL - CONDITIONAL USE PERMIT:
1. This Conditional Use Permit applies to a factory outlet
retail center of approximately 89,000 square feet in
conjunction with the following required public and private
improvements.
2. All construction shall be in conformance with the
Attachments, Attachment S (Conditions of Approval) , and
shall comply with all City Codes and Ordinances. Any
modification to this approval requires approval by the
Community Development Department prior to implementing any
changes. Any substantial change may only be approved by the
Planning Commission and/or the City Council.
3. All Conditions approved herein shall be complied with prior
to occupancy of the building.
4. All Uniform Building Code requirements shall be met to the
satisfaction of the Chief Building Official prior to the
occupancy of any building.
Pacific Gas & Electric (P.G.&E) Conditions
5. Proposed landscape plan, transformer locations, and
placement of trash enclosures shall be approved by P.G.&E
prior to issuance of building permits.
6. The edge of the freeway signs must be a minimum of six (6)
feet from the limits of the P.G.&E easement.
7. Trash enclosures shall be removed from the P.G.&E easement
or the overhead power lines may need to be raised in order
to maintain adequate clearance.
Fire Department Conditions
8. Plans shall be reviewed and approved by the Fire Department,
prior to the issuance of building permits. The plans shall
include, but not be limited to the following:
a. The traffic signal at El Camino Real and Del Rio Road
shall be equipped with the Opticom system for changing
the signal indication by remote control from Fire
Department vehicles. The need for Opticom devices in
the two signals on the Del Rio over crossing shall be
determined by the Fire Department.
b. Plans shall also include an automatic fire sprinkler
system throughout the entire building. The system
shall be composed of three parts - the control valve
3
and Fire Department connections shall be '',:approved by
the Fire Department.
C. Seven (7 ) City Standard fire hydrants shall be
installed prior to on-site combustible construction, as
approved by the Fire Department.
Public Works Conditions
9. All drainage and public improvements shall comply with all
provisions of the City of Atascadero Engineering Standards.
10. The developer shall obtain an encroachment permit from the
City of Atascadero Public Works Department for improvements
in the public right-of-way. The developer shall also sign
an inspection agreement guaranteeing that the work will be
done and the inspection fees paid.
11. The developer shall obtain an encroachment permit from
Caltrans prior to beginning any work in their 'right-of-way.
12. The following procedures shall be followed for the design of
the public improvements:
a. An engineering report shall be submitted showing
the precise location and dimension of the
facilities, design criteria, material
0 specifications and method of operation for
approval by the Director of Public Works.
b. Submit public improvement plans for ';review and
approval by the Public Works Department.
C. The developer may establish a reimbursement
agreement for the portion of the public sewer
facilities that do not directly benefit this
development.
13. Traffic control facilities shall consist of, but not be
limited to, the following:
a. Three traffic signals shall be installed at the
following locations:
The intersection of Del Rio Road and El Camino
Real. This signal shall not be deferred.
Both northbound and southbound freeway ramps on
Del Rio Road at Highway 101. These ',2 signals may
be deferred to allow occupancy with concurrence of
the Director of Public Works.
4
0000"73
b. EL CAMINO REAL shall be improved to a full width
section of 42 feet of travel way with an 8 foot
wide sidewalk on the west side and 24 feet of
travel way with a 4 foot wide graded and based
shoulder on the east side. A raised landscape
median with designated turn lanes shall be
installed on the centerline and designated right
and left turn lanes into the project shall be
constructed.
C. DEL RIO ROAD shall be improved at the intersection
with El Camino Real to accommodate the traffic
signal and shall be widened to a full width of 84
feet wide on the east side from E1 Camino Real to
the northbound freeway ramps.
14. All public improvements shall be covered with a 100%
Performance Guarantee and a 100% Labor and Material
Guarantee until construction is deemed substantially
complete and by a 10% Maintenance Guarantee until 1 year
after substantial completion.
15. The developer 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 manual of
uniform traffic control devices sign chart. Installation of
traffic devices shall be subject to review and modifications
within one year after construction.
16. All relocation and/or alteration of existing utilities
shall be the responsibility of the developer at his/her
sole expense. All new utilities shall be installed
underground.
17. All conditions approved herein shall be complied with prior
to the occupancy of any building unless arrangements to
defer are made between the developer and the Director of
Public Works. Any deferred public improvements will require
the recording of a deferred improvement agreement and the
submittal of suitable guarantees to the satisfaction of the
Director of Public Works and the City Attorney.
18. Wastewater facilities shall consist of the following:
a. The installation of a gravity line, force main and
lift station as shown in Alternative 3 of the
final Environmental Impact Report.
5
0000'7.}
19. Submit a grading, drainage and erosion control'' plan prepared
by a registered civil engineer for review and approval by
the Director of Public Works.
20. Drainage facilities shall consist of the following:
a. Improvements to the drainage channels to the north
and south of the project to insure that all storm
water generated from the fully developed drainage
basin will carry the flow of a 50 year duration
storm to Graves Creek without exceeding the
carrying capacity of any drainage facility.
b. Under no circumstances will the parking lot be
allowed to contain water more than 6'; inches deep
for a maximum duration of 1 hour.
C. All devices used to regulate storm water flows
must be designed to insure debris will not impede
their function and some manner of adjustment can
be readily made to insure their proper operation.
d. The applicant must demonstrate that a 10 year
• storm can be routinely carried to Graves Creek
without impacting or damaging downstream property.
Planning Division Conditions
21. Landscape plans shall require approval from the Community
Development Department, including but not limited to the
following:
a. The placement of some of the 24" box replacement trees
(condition # 8) in the parkway planting along E1 Camino
Real as called for in the EIR.
b. An encroachment permit from Caltrans shall be obtained
for required landscaping in the U.S. 101 right-of-way.
Plans shall provide the shrubs and trees as recommended
in the EIR (Page IV-13) and as shown in Attachment G.
C. Ten ( 10) percent of the parking area shall be
landscaped with shade trees approximately; 30 feet on
center.
d. Landscape plan shall include trees to screen the
property to the south, particularly at the southerly
most entry drive.
6
000(i'7:),
r
22. Eight ( 8) 24" box Live Oaks shall be shown on the site plan
and planted prior to final building inspection. The Ginkgo
tree shall be transplanted to another location on the site.
23. Project lighting shall not exceed 2. 0 footcandles at the
entry points to the site. Illumination within the parking
area should average 1.0 footcandles and not be less than 0.6
footcandles for medium intensity commercial use.
24. Project construction techniques shall employ all dust
control measures as called for in the Uniform Building Code.
25. The project shall operate under a Trip Reduction Plan as
approved by the Air Pollution Control District. The Plan
shall include provision of transit incentives and ability to
accommodate local and regional transit systems.
26. Each project driveway shall be a minimum width of 35 feet in
order to accommodate large delivery trucks.
27. No access connection shall be allowed between the shopping
center and the existing gas station to preclude motorists
from using the service station as a short cut.
28. The existing service station shall be remodeled into
architectural compatibility with the factory outlet within
two years from the date of final inspection.
29. Signs are approved as follows:
a. The two freeway oriented monument signs shall be
reviewed and approved by the Community Development
Department and Caltrans in conformance with Attachment
O prior to issuance of building permits. The Exxon
sign is limited to the northerly sign only.
b. Individual tenant signs shall be two foot individual
letters as shown in Attachment O not to exceed 65
percent of the storefront width. Letter Colors shall
be earth tones to blend with the architectural
appearance of the center.
30. The building design shall be modified as follows:
a. The tower and vertical elements of the front elevation
shall be extended through to the rear elevation to
avoid a one-sided and linear appearance from the
freeway.
7
0000"Ic,
b. A definite terminus shall be provided to the end wings
of the factory outlet to provide a balanced rhythm to
the building.
31. This Conditional Use Permit shall expire one yar from the
date of final approval, unless:
a. Substantial site work toward establishing the
authorized use has been performed, as defined in
Section 9-2. 114 of the Zoning Ordinance; or
b. The project is completed, as defined in Section 9-2. 115
of the Zoning Ordinance; or
C. An extension has been granted, as defined in Section 9-
2. 118 of the Zoning Ordinance; or
d. A building moratorium is imposed on the project site.
8
000017'7
ATTACHMENT T
DRAFT ORDINANCE
CUP 04-91/TTM 07-91
FINAL EIR
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 4 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY AT 2100 EL CAMINO REAL
FROM CN TO CPK (PD1) (COMMERCIAL PARK PLANNED DEVELOPMENT
NO. 1) (ZC 09-91: CAMINO REAL FASHION OUTLET/GOLDEN WEST)
WHEREAS, the proposed zoning map amendment are consistent
with the General Plan as required by Section 65860 of the
California Government Code; and
WHEREAS, the proposed amendment are in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Environmental Impact
Report prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on February 18, 1992 and has recommended approval of Zone
Change 09-91.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposal is compatible with the surrounding land
use and zoning.
2. The proposal is consistent with the General Plan
Land Use element.
3. The proposal will not result in any significant adverse
environmental impacts. Changes or alterations have
been required or incorporated into the project, which
avoid or substantially lessen the significant
environmental effects as identified in the final EIR.
4. Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
5. Modification of development standards or processing
requirements will enhance the opportunity to best
utilize special characteristics of an area and will
have a beneficial effect on the area.
•
000((,78
Ordinance No.
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements.
7. The proposed plans offer certain redeeming features to
compensate for requested modifications.
Section 2. Zoning Map.
Map number 4 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department
is hereby amended to reclassify the parcels listed below and as
shown on the attached Exhibit A which is hereby made a part of
this ordinance by reference.
Lots 12, and a portion of Lot 13 of Block ';23;
Atascadero Colony.
Development of said parcels shall be in accordance with the
standards of the Planned Development Overlay No. 1, and
consistent with attached Exhibit B.
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 positing 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 and''; seconded by
, the foregoing Ordinance',; is approved
by the following roll call vote:
AYES:
. NOES:
ABSENT:
DATE ADOPTED:
By:
ALDEN SHIERS, Mayor
City of Atascadero, California
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO CONTENT:
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
PREPARED BY:
HENRY w.GEN, Community Development Director
•
000080
. CITY OF ATASCADERO Item: B-1
STAFF REPORT
FOR: Planning Commission Meeting Date: December 3, 1991
BY: Doug Davidson, Senior Planner File No: Draft EIR
.DT) CUP 04-91
SUBJECT:
Public review of the Draft Environmental Impact Report prepared
in conjunction with Conditional Use Permit 04-91, a request to
construct an 89, 067 square foot commercial retail center (factory
outlet) .
RECOMMENDATION
Following public testimony and Planning Commission ':direction,
continue the meeting to a future date (potentially ';January 7,
1992) in order to respond to comments and consider 'certification
of the Final EIR.
SITUATION AND FACTS:
I. Applicant. . . . . . . . . . . . . . . . . . . .Yehuda Netanel Inc.
California Factory Stores
2. Representative. . . . . . . . . . . . . . .Golden West Development
3. Project Address. . . . . . . . . . . . . .2100 E1 Camino Real
4. General Plan Designation. . . . .Retail Commercial
Commercial Park
5. Zoning District. . . . . . . . . . . . . .CN (Commercial Neighborhood)
CPK (Commercial Park)
6. Site Area. . . . . . . . . . . . . . . . . . . .6.96 acres
7. Existing Use. . . . . . . . . . . . . . . . .One ( 1) single family
residence.
8. Environmental Status. . . . . . . . .Focused Environmental Impact
Report
woos t
r
BACKGROUND:
On September 18, 1990, Conditional Use Permit 04-90 was approved
by the Planning Commission, establishing the Conditions of
Approval for a 50,780 square foot commercial/industrial park on
the subject property. Tentative Tract Map 24-90 was approved on
January 8, 1991, allowing the creation of 33 lots to conform with
the Conditional Use Permit. The Conditional Use Permit has now
expired.
On May 28, 1991, Conditional Use Permit 04-91 was submitted, a
request to construct a 89, 067 square foot commercial retail
center (factory outlet) . Based upon the initial study, the
proposed project could result in a significant effect on the
environment. Thus, under the guidelines of the California
Environmental Quality Act (CEQA) , an Environmental Impact Report
(EIR) was prepared, focusing on the areas of concern identified
in the initial study. The draft EIR is attached for review
(under separate cover) and must be certified as an adequate
document under CEQA before any project approvals are granted.
PROJECT DESCRIPTION:
The site is located on the southwest corner of Del Rio Road and
is bounded by El Camino Real on the east and U.S. 101 on the
west. The area is currently characterized by mostly suburban
residential land uses and small scale commercial at the
intersection.
The proposed project is 89, 067 square feet of retail space,
composed of two buildings. The main building (Building #1) is
the factory outlet center with 78,473 square feet, while Building
#2 is a two-story retail/office building of 10,594 square feet.
The factory outlet is proposed as a rectangular one-story
building, linear in appearance and function by being 840 feet
long. The architecture is mission style with an arched stucco
facade and mission tile roof.
The project is to be accessed from El Camino Real and will
contain parking along both the El Camino Real frontage and U.S.
101 freeway right-of way. The proposed site plan shows 433
parking spaces covering approximately 60 percent of the site.
Similar to the previous project, most of the trees on the site
would be removed to accommodate project construction. A new
landscaping plan is proposed which would cover 9 percent of the
site.
The proposed project necessitates review of several different
entitlements. In addition to the Conditional Use Permit, the
project involves a resubdivision of the property (Tentative
000ON;�;
Parcel Map) and a Zone Change in the form of a Planned
. Development Overlay Zone (PD) . The issues involved'', in these
applications are now being reviewed and will be brought forward
for formal consideration after all public comment on the adequacy
of the environmental document has been received.
The purpose of the meeting on December 3rd is to gather public
comment on the draft EIR and the recommended mitigation measures
contained therein, not to consider the pros and cons of the
project. This meeting is timely considering that the 45 day
review period for the draft EIR is running from November 5, 1991
through December 19, 1991. Thereafter, the consultant will
prepare the responses to each comment received. These responses
to comments, along with the draft EIR, comprise the final EIR.
The final EIR will be brought back to the Planning Commission to
review the adequacy of the complete environmental review
document. At that time, the staff report will contain a thorough
review of the project, including the necessary Findings and
Conditions involved in the Planned Development Overlay, Tentative
Parcel Map, and Conditional Use Permit process. The Planning
Commission then recommends a final action on the EIR and
necessary entitlements to the City Council.
ANALYSIS:
The initial study of the project revealed some potential
• significant impacts resulting from project construction.
Foremost among them was traffic generation and the congestion
that could result without improvements to the local circulation
system. Land use compatibility was also questioned';, specifically
how a project of this scale could affect the aesthetics, noise
levels, and air quality of the area. In addition to the public
road improvements triggered by the development, the', analysis
uncovered potential impacts from the project on the'' City' s sewer
and drainage system.
Draft EIR Highlights
The draft EIR, prepared by Site and Environmental Design (SEDES) ,
focuses on the following issues:
1. Land Use
2. Biological Resources
3. Visual Resources
4. Glare
5. Effluent Disposal
6. Surface Hydrology
7. Traffic
8. Air Quality
9. Noise
10. Fiscal Impacts
• Each of these subject areas is broken down into five sections:
Environmental Issue, Environmental Setting, Environmental
OUO(IHJ
Impacts, Mitigation Measures, and Analysis of Significance. A
summary of environmental impacts and mitigation measures is •
contained in Table S (Page II-3) . The Initial Study and Notice
of Preparation are contained in Appendix A. These are the
documents used in the first phase of the environmental review -
the initial determination of potential impacts and the
solicitation of information to be provided in the EIR from State
and local agencies. Appendix B contains the technical studies
used in the report, such as the traffic analysis. This report
will look briefly at each environmental issue.
General Plan/Zoning Ordinance Designation
The current General Plan Land Use designation on the site is
split between Retail Commercial (Commercial Neighborhood Zone)
and Commercial Park (same zone) . The proposed designation is
Commercial Park for the entire site with a Planned Development
Overlay Zone to establish specific development standards. The
General Plan Land Use Update has proceeded with this proposal in
mind. Hence, the General Plan Update policy of replacing the
Commercial Park designation with that of Industrial Park does not
apply to this site - it would remain Commercial Park.
Approximately 2.25 acres of Commercial Neighborhood land would be
converted to Commercial Park, with the service station (and
restaurant across the street) changing to Commercial Tourist.
This change reflects the existing land uses and also maintains
approximately 12 acres of Neighborhood Commercial at the •
intersection.
If the General Plan Update is adopted prior to final action on
this project, General Plan conformity is not an issue. The
entire site would be designated as Commercial Park, with the
associated Zone Change as a follow-up consistency action. Staff
is recommending that a PD Overlay be an addendum to this CPK Zone
to encompass the special nature of the factory outlet project.
In addition to not impacting the City-wide pattern of CN zoning,
the proposed Zone Change is also consistent with the purpose of
the CPK zone. Although not a typical commercial or industrial
park project, the zone is established to "provide for large lot
commercial uses and that special attention be given to
comprehensive development plans. " Zoning Ordinance Section 9-
3.251 goes on to say that, "these comprehensive plans should
achieve appropriate functional relationships between various uses
and preclude piecemeal development of existing larger lots. " The
factory outlet concept certainly carries out this intent.
Furthermore, as stated in the draft EIR, the factory outlet is
compatible and complementary with commercial neighborhood uses.
The same argument can be made for commercial tourist uses.
Lastly, it does symbolize the policies of the draft General Plan
EIR which seek to encourage development of specialized commercial
centers at various nodes along El Camino Real.
0000s.}
For the above reasons, staff does not see a conflict between the
proposed project and Zoning Ordinance Section 9-3.252 (cc) . This
section states that general retail stores are allowed in CPK
zones only when at least one commercial tenant contains 20, 000
square feet. Although a single tenant of the factory outlet does
not contain 20,000 square feet, the project as a whole is well in
excess of this size standard. In this case, the factory outlet
building of 78,473 square feet is the major tenant one which
is made up of a number of retail boutiques. To view the project
in this manner, recognizes the unique concept of factory outlets,
as well as implements some of the new land use policies.
Biological Resources
While the project proposes removal of the majority 'of the
existing trees, most of these are non-native trees ';and better
replaced with superior specimens. The plan proposes retaining
the 28 inch Live Oak in the parking area. This tree removal and
replacement scheme is almost identical to that approved for the
previous industrial park project (CUP 04-90) .
Visual Resources
This section addresses the visual impact of the project on the
surrounding neighborhood and as seen from the freeway. The EIR
• quotes principles from the City' s Appearance Review: Guidelines,
such as methods to soften the architectural appearance of linear
buildings and screening of parking and service areas. Planning
staff had similar concerns and during the preparation of the
Draft EIR the plans were revised by the project architect in an
attempt to incorporate the appearance standards.
Glare
By limiting the site illumination to the minimum necessary and
conforming to the standards of the Zoning Ordinance:, the EIR
concludes that project glare should not have undesirable effects.
Effluent Disposal
The proposed method of sewage disposal differs from that
previously approved for the industrial park project. The factory
outlet proposes extending the public sewer line to ';serve the
site, while the prior project had a septic system designed to
handle wastewater. The current application proposes three
alternatives for sewage disposal which are summarized in the
report. Two of the alternatives are acceptable to ''the Public
Works Department by conforming to the 1990 Sewer System Master
Plan. According to the report, the wastewater caused by this
development is approximately one percent of the total amount
currently being treated at the City' s plant. This ',additional
wastewater appears insignificant.
WOOS!)
Surface Hydrology
The issue of site drainage is more complex. The site slopes
gently to the north, yet the existing stormwater runoff to the
north exceeds the capacity of the two existing culverts for a ten
year storm. The proposed factory outlet would result in the site
becoming 85 percent impervious, greatly intensifying the problem.
The applicant' s proposal to use the parking area as a stormwater
detention basin could result in flooding of 40 percent the
parking lot up to a depth from 1.5 to 3.5 feet for three hours.
This has rightly been identified as a significant and potentially
hazardous impact. Recommended mitigation measures run the gamut
from upgrading the northerly culverts under the freeway, to
scaling down the project to allow a conventional detention basin,
to accepting the applicant' s proposed solution.
Traffic
Traffic is potentially the most significant impact of the
proposed project. While, the circulation system in the area is
currently sufficient to handle existing traffic volumes, the
proposed factory outlet will have a major impact on traffic in
the vicinity. The factory outlet is expected to generate
approximately 3,485 vehicle trips per weekday and up to 8, 000
trips on Saturday. Substantial improvements are required to
accommodate such an increase in traffic.
The recommended mitigation measures from the consultant are
organized into short-term and long-term traffic improvements
(Pages IV 35-37) . The necessary short-term measures are
triggered by the factory outlet and focus on the Del Rio Road/E1
Camino Real and Highway 101 ramps at Del Rio. The suggested
long-term improvements are cumulative in nature and take into
account the E1 Camino Real corridor from the subject site to San
Anselmo Rd. Some traffic improvements are clearly the
responsibility of the developer, such as the installation of a
traffic signal, frontage improvements, and the widening of E1
Camino Real. In other cases, particularly the widening of the
Del Rio bridge over Highway 101, the degree of participation is
more difficult to determine.
Air Quality
The air quality section of the report analyzes the project
impacts in light of the draft Clean Air Plan, prepared by the Air
Pollution Control District (APCD) . Mitigation measures are
proposed for both the temporary construction of the project and
the long-term impacts associated with continued operation of the
project. Although the proposed mitigation measures (Page IV-42)
reduce project impacts on air quality to insignificant, the
report does state that, the project "will contribute to the
cumulative deterioration of air quality in the region as
identified in the draft EIR for the General Plan Land Use
Update. "
0000st;
•
Noise
The noise analysis concludes that the only measurable impact will
be on the adjacent single family residence to the south. The
recommended mitigation measures to address this situation can be
looked at in two different ways. On one hand, acoustical
insulation could be installed in the residence. On ',the other
hand, an increase in two decibels may not be considered
significant, particularly given the site' s freeway location and
the property' s commercial zoning.
Fiscal Impacts
The fiscal impacts of the project are positive, in other words,
the project will generate more revenues than the associated City
service and maintenance costs.
CONCLUSIONS•
The report concludes by analyzing alternatives, including the no
project scenario, other commercial uses on the site; and
alternate sites for the proposed project. The report concludes
that the mitigated project as outlined above is the',
environmentally preferred alternative, for it eliminates or
reduces to insignificance all adverse effects identified in the
EIR. A summary of project alternatives is contained on Table A
(Page V-4) .
SEPARATE COVER: Draft Environmental Impact Report, ', Site and
Environmental Design - October 1991
U()0()SI7
PC 12/3/91 - MINUTES EXCERPT - PLANNING '';COMMISSION
•
B. HEARINGS, APPEARANCES, AND REPORTS
1. DRAFT EIR - CONDITIONAL USE PERMIT 04-9 +:
Public review of the Draft Environmental Impact Report
prepared in conjunction with CUP 04-91, a request to
construct an 89,067 square foot commercial retail center
(factory outlet) at 2100 El Camino Real (Yehuda Netanel,
Inc./California Factory Stores, applicant - Golden West
Development, representative.
Doug Davidson presented the staff report ;and provided a
summary of the background involving this site, a project
description, and the 10 issues the EIR focused on. It was
noted that the purpose of this hearing is to gather public
comment on the Draft EIR and the recommended mitigation
measures, and not to consider the pros and cons of the
project.
Commission questions and discussion followed.
Commissioner Waage expressed his feeling that a french drain
under the parking lot may be more appropriate instead of a
"duck pond" adding that the drain would be , better for the
environment as it would put the water back underground.
Commissioner Johnson referenced Pg. IV-35, Par. 6 concerning
Mitigation Measures, and asked the consultant how these
figures were arrived at (weekday average traffic representing
22% and 44% on weekends) .
1900W4h
PC 12/3/91 MINUTES EXCERPT - PLANNING COMMISSION
3
David Foote, EIR consultant, stated that the traffic engineer
will address this issue in the final EIR, and pointed out that •
these numbers were not arrived at arbitrarily, but were based
on concrete studies.
Chairperson Luna noted that the EIR identifies traffic impacts
as being significant with two-thirds of the improvements being
done by the City. He asked what would happen if the City does
not make the necessary traffic improvements. Mr. Foote
explained that the EIR does not get into a funding mechanism;
however, there' s the possibility that the project would
reflect a reduced level of service if City participation were
not afforded.
In following up on Commissioner Kudlac' s comment relative to
average traffic percentages, Commissioner Johnson commented
that he has a distinct problem with that item. It was his
feeling that the existing streets handle the traffic
adequately. He feels the applicant should be responsible for
the entire traffic improvements, and would object to the City
being forced to participate for the benefit of this center.
Commissioner Kudlac responded that it is important to attract
businesses into Atascadero, not chase them away; he would like
to see a "happy medium" reached.
Commissioner Hanauer referenced a memo from the Administrative
Services Director relative to fiscal impacts and noted that it
was clearly stated that the direct financial benefit to the
City and its citizens clearly outweighs any direct financial
costs.
- Public Testimony -
Chairperson Luna reminded the public that comments may be
submitted through December 19th, 1991.
Andrea Schulte, 7129 San Gregorio Road, stated that she would
encourage any type of development that will occur to take care
of Del Rio Road especially with the traffic improvements.
Recent increased residential developments in the area have
impacted traffic along Del Rio and the sight distance is
extremely dangerous. She urged that this development not
become another Oak Park in Arroyo Grande.
Muriel Korba, 10905 Santa Ana Road, in speaking as City
Treasurer, pointed out three items: 1) cost of service is
going up; 2) one option is to cut services; and 3) second
option is to increase revenue. She expressed her hope that
the City and applicant can work together on this project; the
City 4eeds the revenues and the project is very important.
Barbara Hunt, 2305 Monterey Road, asked some general questions
concerning the traffic improvements.
0000i-.49
PC 12/3/91 MINUTES EXCERPT - PLANNING COMMISSION
4
Doug Sheffer, 8805 Curbaril, noted that there are an average
• of 7000 trips on Morro Road; if E1 Camino Real were developed
to 4 lanes, 8000 trips would not be such a burden to the
street.
Mike Arrambide, 7243 Del Rio Road, spoke 'in support of the
project noting that the development would be a substantial
fiscal benefit for the City.
Richard Shannon with Golden West Development, agent for the
applicant, thanked the Commission and staff for all of their
work that has been done to date. He stated that there has
been continual contact with staff and the neighbors and
invited any public input. Mr. Shannon pointed out that there
are no impacts addressed in the EIR that are unmitigatable.
Mr. Shannon compared these impacts to those at the Kmart
Center and stated that the proposed center is actually
smaller. He concluded his remarks by Lstating• that the
development will be a visually aesthetic; and economically
feasible one.
In response to question, Mr. Shannon noted that the same
traffic engineer who did the Kmart traffic study is also doing
this one. He added that the City is currently doing work on
trip generations (for the Circulation Element of the General
Plan) .
Randy Lawrence, 4600 Obispo Road, noted that he is not against
the project but would echo the previous concerns addressed
relative to Del Rio and the offramp. He agreed that the
traffic is a nightmare and is similar to the Santa Rosa off-
ramp. He urged that this issue be looked at closely,
especially the "arching" of Del Rio where it is difficult to
see what is beyond that arch. Mr. Lawrence ,:remarked that this
area (north E1 Camino Real) is really in need of a
supermarket.
- End of Public Testimony -
Commissioner Highland stated that an excellent job was done in
identifying the problems in the draft EIR along with possible
mitigation measures. In referencing the CalTrans letter, he
noted that more work is needed. Commissioner Highland remarked
that he has lived in Atascadero well before many of the
freeway overpasses went into place. Many of these were poorly
designed. He would like to see Caltrans' participation on
these improvements.
Commissioner Kudlac stated he shares Mrs. '; Schulte' s and Mr.
Lawrence's concerns relating to traffic constraints on Del Rio
noting that a traffic light just is not going to resolve the
traffic problems. He commented that he would rather see a
parking lot, not a pond.
0000:14)
PC 12/3/91 - MINUTES EXCERPT - PLANNI ._ :--OMMISSION
5
Commissioner Hanauer stated that he was not aware that there •
are any special problems concerning runoff.
Mr. Foote stated that the culverts in this area are at
capacity now; if the project is constructed, there will be a
need for drainage improvements.
Commissioner Waage reiterated his feeling that french drains
might be suited for the project, and added that he would like
to make sure that the project does pay its fair share.
Upon conclusion of this public hearing, Mr. Decamp reported
that the EIR and conditions for CUP 04-91 will be scheduled
for some time in January and that the hearing will be
renoticed.
2. TENTATIVE PARCEL MAP 04-91/ZONE CHANGE 05-91:
Application filed by Warren Miller for a request to
create a Planned Development Overlay Zone and correspon-
ding four lot subdivision. Subject site is located at
8005 Amapoa Avenue.
Chairperson Luna noted that the applicant has requested a
continuance to the first available meeting in January.
There was no public testimony given on this matter.
C. INDIVIDUAL COMMENT
1. Planning Commission
Commissioner Johnson once again expressed his disdain with the
continued car sales in the parking lot adjacent to the vacant
Vons building.
Mr. DeCamp stated that staff is continuing to work with the
property owner to abate this nuisance.
There was discussion relative to Commissioner Highland' s
remarks concerning the posting of trees to be removed. With
regard to the painting suggestion, Mr. Decamp noted that there
are projects (i.e. , large-scale projects, road alignments,
etc. ) where the site design revisions result in trees marked
for removal to be saved and vice-versa. The use of paint
makes it difficult to clearly mark the status of the trees
after what can be numerous site plan revisions.
1,
()000911L
PC 2/4/92 - PLANNING COMMISSION MINUTE EXCERPTS
2 . CUP 04-91 - ZONE CHANGE 09-91 - 'PPM 07-91: - FINAL MIR
(FACTORY OUTLET STORES:
Public hearing to consider the Final Environmental Impact
Report, Conditional Use Permit 04-91, Tentative Parcel
Map 07-91 and Zone Change 09-91. Proposed project is an
89, 067 square foot factory outlet shopping center. Sub-
ject site is located at 2100 E1 Camino Real (southwest
corner of Del Rio Road and E1 Camino Real.
Mr. Davidson presented the staff report which provided a
background on the draft EIR and review period. Some of the
issues discussed in the report included drainage, traffic
(EIR) ; the Zone Change was a follow-up to the recently adopted
General Plan Land Use Update; and the CUP focused on various
points including building height, architecture; signage, site
traffic, parking and landscape issues. Staff is recommending
that the Final EIR be certified and that the zone change,
tentative parcel map, and conditional use permit be approved
subject to certain conditions.
Mr. Davidson then introduced Greg Luke, Public Works Director,
who continued the presentation. Mr. Luke discussed various
wording changes to some of the conditions (#4, 113c, #20a,
#20b) that have been modified to better clarify their intent.
- End of Presentation -
• Commission questions and discussion followed.
In response to query by Chairperson Luna concerning Condition
#20b (ponding of water in parking lot) , Mr. Luke explained
that there are pros and cons of a 12 inch deep pond in the
parking lot, but one of them is not whether or' not 12 inches
of water versus 6 inches would work technically from a
hydraulic standpoint.
In response to query by Commissioner Kudlac, David Foote with
SEDES, EIR consultant, responded that the noise consultant
has identified 3 sensitive receptors, adding'; that the EIR
noted that the freeway noise would mask any noise related to
truck deliveries to the site. Discussion followed.
Commissioner Kudlac inquired why the existing service station
at the corner of Del Rio and E1 Camino Real is required to be
remodeled into architectural compatibility with the center.
Mr. Davidson noted that the service station is',, a part of the
application.
In responding to a question regarding Condition #13a with
regard to deferring the two traffic signals on the 101 off-
ramp, Mr. Luke discussed the timing factors ' involved with
getting CalTrans participation in conjunction with the
. project's completion, and added that this is as guarantee to
assure that those two signals will be installed.
PC 2/4/92 - PLANNING COMMISSION MINUTES EXCERPT
In addressing Condition #13b, Mr. Luke noted that the
applicants have indicated their desire for no parking to be
allowed on E1 Camino Real in front of the center.
Commissioner Hanauer stated that Condition #28 requiring the
upgrade of the gas station seems to imply that this has been
done as -if the applicant owns it.
Mr. Davidson noted his understanding that the applicant has an
option pending approval of the project. Mr. DeCamp added that
the applicant has chosen to make the service station a part of
the overall project.
In referencing the Del Rio overpass, Chairperson Luna stated
his understanding was that CalTrans has acknowledged that the
three (3) traffic lights represent a temporary fix but that
eventually, with the expected development that will occur at
Del Rio, the overpass will need to be widened.
Mr. Luke recalled that CalTrans had indicated that eventually
the overpass will be at level "D" of service.
David Foote with SEDES, EIR consultant, clarified that an
acceptable level of service would be maintained through the
short term and that for long term buildout, the service level
would be "C" (for one intersection) and "D" for another. He
added that the three signals would create an acceptable level
of service for quite a long period of time.
Mr. Foote pointed out that it is noted in the response to
comments section in the Final EIR, that Keith Higgins (EIR
traffic consultant) had aknowledged that the traffic
generation figures presented were the worst case scenario
derived from projects that will probably have a higher traffic
generation than this one. It is very likely that if there are
fewer trips generated over the long term, the level of service
will be higher. Mr. Foote stated that it is important to
understand that the long term problem is created by a large
number of trips that can be generated in that area.
Discussion continued.
In response to question, Mr. Luke agreed that these traffic
issues will be addressed in the Circulation Element.
Commissioner Highland remarked that ultimately, CalTrans is
going to have to assume some responsibility because by their
own admission, those overpasses are substandard.
Commissioner Johnson disagreed stating that those bridges were
built according to standards that were in effect at the time.
PC 2/4/92 - PLANNING COMMISSION MINUTES EXCERPT
Ar. Luke stated that over the last 5-10 years, Caltrans has
specified that improving any overpass and interchange is loot
the responsibility of the local lead agency.
Public Testimony -
Richard Shannon, representing the applicants and codevelopers,
Golden West Development and California Factory Stores,
introduced various principals involved with th6 project. He
thanked the Planning Commission, City staff, engineers, and
architects for the incredible amount of time and cooperation
that has been devoted to this project over the last 9 months.
Mr. Shannon stated that this project has been molded into a
development that will be a beautiful addition to Atascadero.
He indicated concurrence with the findings and expressed that
there are a couple of minor conditions that will ',be addressed.
Yehuda Netanel, president of California Factory Stores, stated
that the process has been very long but it has also been very
fair. Staff really understands the concept ofwhat factory
stores are all about which is a compliment because it has
taken him three years and he is still learning.';
In addressing Commissioner Kudlac's comments relative to noise
factors from deliveries, he explained the difference between
Food-4-Less and deliveries from light carton boxes; the center
will not have the intensity of truck delivery that is
inherently typical with a wholesale or discount operation.
Mr. Netanel emphasized the importance of being! afforded the
necessary freeway exposure and expressed objection to the
lettering for the signs to be in earth tones (#29b) adding
that a brown sign on a brown building would not make sense.
Without freeway visibility and effective identification of the
brand names, the center will have a severe handicap.
Mr. Netanel asked for clarification on the two 'freeway signs
depicting the center's name. Mr. Davidson explained that 196
square feet is the size for the northerly sign where Exxon
will be a part of this sign; and the southerly sign is 125
square feet which would just identify the Factory Outlet only.
Mr. Netanel reiterated that staff had done a terrific job in
understanding the concept; they need to be commended for their
excellent work.
With regard to revised Conditions of Approval; Mr. Netanel
stated that he believes there is latitude in working with the
conditions, but emphasized that he would like to stick to the
original mission-style architecture and not try 'to compromise
it unecessarily.
i
PC 2/4/92 - PLANNING COMMISSION MINUTES EXCERPT
Commissioner Rudlac stated that the applicant is only
disputing the letter colors for the signs. Mr. Netanel
explained that he would request deep red for all the letters
that will provide .a unified color for the center.
Ray Johnson, president of the Chamber of Commerce, and member
of the City's ad-hoc Economic Roundtable Committee, stated
that the Chamber is pleased with the progress of this project
in view of other outlets. The Chamber would encourage
adequate signage as it was felt that the project will bring
the traffic off the freeway. He encouraged that the project
be allowed to be expedited as quickly as possible, and that
the Chamber lends its support to the project.
Lindsay Hampton, 8402 Alta Vista, read a prepared statement
from the Atascadero Homeowners Association (Attachment B) in
support of this development.
Eric Michielssen., 5300 Aguila, stated he is happy that the
Homeowners Association is endorsing the project as well as
another association, Atascadero 2000. In speaking as the
Chamber's Tourism Director, Mr. Michielssen stated that the
the Factory Outlet will tie together quite well with what the
Chamber is trying to do to develop tourism in Atascadero. He
expressed hope that the patronizing public can venture toward
the downtown to help revitalize this area. He thanked staff
for working very hard to make this development come to
fruition, and asked the Commission to look favorably upon it.
Ron Verman, 9990 Old Morro Road East, indicated his approval
of the project.
Roder Miller, 6675 Santa Ynez, expressed his support for the
project adding that he usually travels outside the City for
his shopping needs. This type of project is badly needed for
Atascadero; it will create additional jobs within the
community. Mr. Miller noted that staff has done a marvelous
job.
Bob Shannon, 10518 Cuesta Court, stated that he initially had
concerns with the project, and had heard both pros and cons.
He expressed his feeling that the project will help to
increase the City's revenue. Mr. Shannon further stated that
the project is one of quality which is evidenced by other
Golden West Development projects.
Carol Ball, 7070 Marchant, spoke in favor of the project
noting that it is remarkable the events that have led to this
point and the sensitivity to Atascadero's development and
shopping needs that has been displayed by every one involved.
Atascadero needs something like this that every one can be
proud of.
Tim McCutcheon, Templeton resident, thanked everyone for their
PC 2/4/92 - PLANNING COMMISSION MINUTES EXCERPT
consideration of the project adding that City staff has done
• a wonderful job as well as the developers. He expressed his
hope that new life will be brought back into the downtown area
as a result of the development.
Julie Turnee, San Luis Obispo resident, stated she is speaking
as a consumer, noting that she leaves the area to shop and has
visited the Gilroy Outlet. There is a lot in Atascadero that
would keep people shopping there; it is important not so much
to look at getting the traffic from other areas, but to keep
the money that is in the area here.
John Falkenstein with Cuesta Engineering, project engineer,
addressed Condition #20b (depth of detention basin) explaining
that the EIR consultant had proposed a criteria of a maximum
of 12 inches deep with a one hour duration which he felt was
fair; he asked that the condition be modified to reflect this
figure.
Russ Colmain, area resident, stated that in speaking from a
consumer's point of view, his wife, when told about the
drainage concerns replied, "Oh heck, I can wear my hip boots,
tell them to finish the job. "
Ted Miles, 3700 Maricopa, expressed strong support for the
project adding that it will help generate more sales tax
revenue for the City and will help keep the shoppers here in
Atascadero.
- End of Public Testimony -
Commissioner Highland stated he would like t6 see Condition
129b reworded so that the letter colors ' will not be
specifically limited to "earth" colors.
Mr. DeCamp pointed out that this condition waswritten in the
absence of any direction from the applicant regarding sign
color. Staff's concern was that this relatively conserva-
tively styled building not be turned into a circus with multi-
colored signs.
After discussion, Commission consensus was to modify the
condition for the sign letters to be deep red and uniform
throughout the center.
There was also consensus to modify #20b to reflect 12 inches
rather than 6 inches.
There was further discussion and clarification :concerning the
northerly and southerly freeway identification signs.
Jay Steele, project architect, received clarification in
• response to his question concerning allowed signage on each
sign face.
PC 2/4/92 - PLANNING COMMISSION MINUTES EXCERPT
There was further discussion with regard to modifying
Conditions #13b and #13C.
MOTION: By Commissioner ;Highland and seconded by Commis-
sioner Lochridge to recommend to the City Council
that the focused final EIR be certified as an
adequate document under the provisions of CEQA.
The motion carried 6:0:1 (Commissioner Waage
absent) .
MOTION By Commissioner Highland and seconded by Commis-
sioner Lochridge to recommend to the City Council
approval of Zone Change 09-91 based on the Findings
contained in Ordinance No. 240. The motion carried
6:0:1 (Commissioner Waage -absent) .
MOTION: By Commissioner Highland and seconded by Commis-
sioner Lochridge to recommend to the City Council
approval of. Tentative Parcel Map 07-91 based on the
Findings for Approval in Attachment Q and the
Conditions of Approval in Attachment S with the
following revisions:
4. The subdivider shall bear the cost to acquire
necessary title or interest in any off-site
land that may be required to allow the con-
struction of public improvements. The subdi-
vider shall also gain concurrence from all
adjacent property owners whose ingress or
egress is affected by these improvements."
7. The subdivider shall provide drainage ease-
ments and/or drainage releases from the points
of concentration of storm water leaving the
project boundary through adjoining properties
to the nearest natural watercourses as deemed
necessary by the Public Works Department.
The motion carried 6:0:1 (Commissioner Waage
absent) .
MOTION: By Commissioner Highland and seconded by Commis-
sioner Lochridge to recommend to the City Council
approval of Conditional Use Permit 04-91 based on
the Findings for Approval in Attachment R and the
Conditions of Approval in Attachment S with the
following modifications:
8a. The traffic signal at El Camino Real and Del
Rio Road shall be equipped with the Opticom
system for changing the signal indication by
remote control from Fire Department vehicles.
Opticom devices are also required for the two
signals on the Del Rio over crossing.
PC 2/4/92 - PLANNING COMMISSION MINUTES EXCERPT
-fib. Plans shall also include an automatic fire
• sprinkler system through theentire building.
The system shall be composed of three parts -
the control valve and Fire Department connec-
tion locations shall be approved by the Fire
Department.
13b. EL CAMINO REAL shall be improved to include a
raised median, where possible, with 2 travel
lanes, bicycle lanes, and a si'oewalk on the
west side and 2 travel lanes with a graded and
based shoulder on the east side- Improvements
shall include designated right and left turn
lanes into the project and a left turn at the
intersection with Del Rio Road. '
13c. DEL RIO ROAD shall be improved 'at the inter-
section with El Camino Real to accommodate the
traffic signal and shall be widened to full
width right-of-way improvements grom E1 Camino
Real to the northbound freewoay ramps, as
determined by the Director of Public Works.
14. All public improvements shall be covered with
a 100% Performance Guarantee and a 50 Labor
and Material Guarantee until construction is
deemed substantially complete, ' and by a 10%
Maintenance Guarantee until 1 year after
substantial completion.
20a. Improvements to the drainage channels to the
north and south of the project to insure that
all storm water generated from the fully
developed drainage basin will carry the flow
of a 50 year duration storm to Graves Creek
without exceeding the carrying capacity of any
drainage facility.
20b. Under no circumstances will the parking lot be
allowed to contain water more than 12 inches
deep for a maximum duration of i hour.
26. Each project driveway shall be the minimum
width necessary (approximately 10-35 feet) to
accommodate large delivery trucks, as deter-
mined by the Public Works Director.
27. delete. . . . . . .
27. (new #) The existing service station shall be
remodeled into architectural compatibility
with the factory outlet within two years from
• the date of final inspection. This remodeling
shall include bringing the sitels existing
TC -2/4/92 -PNING COMMISSION MINUTES EXCERPT •
sans into conformance with the Zoning
Ordinance.
28a. The two freeway oriented monument signs shall
be reviewed and approved by the Community
Development Department and CalTrans in conf or-
mance with Attachment 0 prior to issuance of
building permits. The Exxon sign is limited
to the northerly sign only. The southerly
sign shall not exceed 125 square feet in size.
28.b Individual tenant signs shall be two foot
individual letters as shown in Attachment O
not to exceed 65 percent of the storefront
width. Letter colors shall be deep red and
uniform throughout the center.
The notion carried 6:0:1 (Commissioner Waage absent) .
PC 2/4/92
ATTACHMENT B
February 4, 1912
To the lannin.7 Commission
CitJ_
y of Atascaero
i�ror Atascadero THomeowners association
?.O.Box 322
Atascadero, CA 93423
she Atascadero Homeowners Association has heard Yehuda Netanel
and a representative of Golden ^gest Develooment Cor-ooration
describe their proposal for Camino -Real Fashion Outlets. In
fact Mr. Netanel has addressed the ?omeowners Association
twice. The first time was when he and Rex =endri.x proposed the
Factory Outlet and the There -Park in south Atascadero. The
lame ?roup which attended that ni jht felt the Theme --"a- idea
was far too pretentious and created too many environmental im
pacts. They also objected to the location.
When Mr. 'Netanel called and as'�:ed to rresert his new plan for the
Factory Outlet, we were pleased to have hir:r • o so. he audience
was Verb' reCB—tiVe at rile end of th2 _resen�at' on ar�Cl CLieStion
period.
Consequently the Board of the ntascadero Honeo,r:ners ';1=ssociati on
has endorsed this project you are considering, tonight . We feel
the size and location are cuite appropriate for Atascadero , and,
if the structure and lan iscarin- are as described, .-ae thin-'-_ _t
will be very attractive . 'de do trust that the Planning: ::o.:missiorl
and the City Council will call for necessary miti-ration measures
for traffic , glare , drainage , etc .
:oe understand that tl�lere i sjronposition fron the business
Improvement Association, and act was an added reason for giving
our support to this proposal of Golden ,vest and Mr. 'Netanel.
.4e hope the PZanninG Commission and the City Council, will
approve the project.
Lindsay Hampton
Member of the Board
Atascadero -Homeowners Association
ORDINANCE NO. 240
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 4 OF THE OFFICIAL ''ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY AT 2100 Et CAMINO REAL
FROM CN TO CPK (PD1) (COMMERCIAL PARK PLANNED DEVELOPMENT
NO. 1) (ZC 09-91: CAMINO REAL FASHION OUTLET/GOLDEN WEST)
WHEREAS, the proposed zoning map amendment are consistent
with the General Plan as required by Section 65860' of the
California Government Code; and
WHEREAS, the proposed amendment are in conformance with
Section 65800 et seq. of the California Government'', Code
concerning zoning regulations; and
WHEREAS, the proposed amendment will not have' a significant
adverse impact upon the environment. The Environmental Impact
Report prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on February 4, 1992 and has recommended approval of Zone
Change 09-91.
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The Final Environmental Impact Report is'; certified as
an adequate document under the provisions of CEQA.
2. The proposal is compatible with the surrounding land
use and zoning.
3. The proposal is consistent with the General Plan
Land Use element.
4. The proposal will not result in any significant adverse
environmental impacts. Changes or alterations have
been required or incorporated into the project, which
avoid or substantially lessen the significant
environmental effects as identified in the final EIR.
5. Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
6. Modification of development standards or processing
requirements will enhance the opportunity to best
utilize special characteristics of an area and will
have a beneficial effect on the area.
000014;
Ordinance No. 240
7 . Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements.
S. The proposed plans offer certain redeeming features to
compensate for requested modifications.
Section 2. Zoning Map.
Map number 4 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department
is hereby amended to reclassify the parcels listed below and as
shown on the attached Exhibit A which is hereby made a part of
this ordinance by reference.
Lots 12, and a portion of Lot 13 of Block 23;
Atascadero Colony.
Development of said parcels shall be in accordance with the
standards of the Planned Development Overlay No. 1, and
consistent with attached Exhibit B.
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 and seconded by
the foregoing Ordinance is approved
by the following roll call vote:
AYES:
()()0wA3
R
NOES:
ABSENT:
DATE ADOPTED:
By•
ALDEN SHIERS, Mayor
City of Atascadero, California
LEE ttaF30IN, City Clerk
APPROVED AS TO CONTENT:
RAY WINDSOR, City Manager
APPROVED AS TO FORM:
ARTHER MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
O00O`4.1
EXHIBIT A
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NO . 240
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ATTACHMENT S - Conditions of Approval
Tentative Parcel Map 07-91
Conditional Use Permit 04-91
2100 E1 Camino Real (Camino Real Fashion Outlet/Golden West)
Revised by the Planning Commission February 4, 1992
CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP:
1. This Tentative Parcel Map is approved as shown in Attachment
D, Attachment S, and all requirements of the City' s
Subdivision Ordinance and the Subdivision Map Act.
2. Prior to recording of the map, a soils report shall be
submitted with recommendations for construction and
prevention of structural damage. The date of such report,
name of engineer, and location where reports are on file
shall be noted on the final map.
Public Works Conditions
3. All conditions of approval imposed upon Conditional Use
Permit 04-91 shall be complied with prior to the recording
of the Parcel Map unless arrangements for deferral have been
made with the Director of Public Works.
4. The subdivider shall bear the cost to acquire necessary
title or interest in any off-site land that may be required
to allow the construction of public improvements. The
subdivider shall also gain concurrence from all adjacent
property owners whose ingress or egress is affected by these
improvements.
5. All existing and proposed utility, pipeline, open space, or
other easements are to be shown on the final map. If there
are building or other restrictions related to the easements
they shall be noted on the final map.
A ten ( 10) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages.
6. The new subdivision shall be connected to the public
sewer. Sewer main extension plans shall be submitted for
review and approval by the Public Works Department as
outlined in the conditions of approval for Conditional Use
Permit 04-91.
7 . The Subdivider shall provide drainage easements and/or
drainage releases from the points of concentration of storm
water leaving the project boundary through adjoining
properties to the nearest natural watercourses as deemed
necessary by the Public Works Department.
1
000099'7
8. A Drainage Maintenance Agreement, in a form acceptable to
the City Attorney, shall be recorded in conjunction with or
prior to the recording of the map.
9. Offer to dedicate to the public for public utility
purposes the following easement.
a. A 10'-0" PUE along all street frontages.
10. Offers of dedication shall be completed and recorded prior
to or in conjunction with the recording of the map.
11. 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.
12. Approval of this tentative map shall expire two years from
the date of final approval unless an extension of time is
granted pursuant to a written request prior to the
expiration date.
2
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CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT:
1. This Conditional Use Permit applies to a factory outlet
retail center of approximately 89,000 square feet in
conjunction with the following required public and private
improvements.
2. All construction shall be in conformance with the
Attachments, Attachment S (Conditions of Approval) , and
shall comply with all City Codes and Ordinances. Any
modification to this approval requires approval by the
Community Development Department prior to implementing any
changes. Any substantial change may only be approved by the
Planning Commission and/or the City Council.
3. All Conditions approved herein shall be complied with prior
to occupancy of the building.
4. All Uniform Building Code requirements shall be met to the
satisfaction of the Chief Building Official prior to the
occupancy of any building.
Pacific Gas & Electric (P.G.&E) Conditions
5. Proposed landscape plan, transformer locations, and Is
placement of trash enclosures shall be approved by P.G.&E
prior to issuance of building permits.
6. The edge of the freeway signs must be a minimum of six (6)
feet from the limits of the P.G.&E easement.
7. Trash enclosures shall be removed from the P.G.&E easement
or the overhead power lines may need to be raised in order
to maintain adequate clearance.
Fire Department Conditions
8. Plans shall be reviewed and approved by the Fire Department,
prior to the issuance of building permits. The plans shall
include, but not be limited to the following:
a. The traffic signal at E1 Camino Real and Del Rio Road
shall be equipped with the Opticom system for changing
the signal indication by remote control from Fire
Department vehicles. Opticom devices are also required
for the two signals on the Del Rio over crossing.
3
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b. Plans shall also include an automatic fire sprinkler
system throughout the entire building. The system
shall be composed of three parts - the control valve
and Fire Department connection locations shall be
approved by the Fire Department.
C. Seven (7) City Standard fire hydrants shall be
installed prior to on-site combustible construction, as
approved by the Fire Department.
Public Works Conditions
9. All drainage and public improvements shall comply with all
provisions of the City of Atascadero Engineering Standards.
10. The developer shall obtain an encroachment permit from the
City of Atascadero Public Works Department for improvements
in the public right-of-way. The developer shall also sign
an inspection agreement guaranteeing that th& work will be
done and the inspection fees paid.
11. The developer shall obtain an encroachment permit from
Caltrans prior to beginning any work in their', right-of-way.
• 12. The following procedures shall be followed for the design of
the public improvements:
a. An engineering report shall be submitted showing
the precise location and dimension of the
facilities, design criteria, material
specifications and method of operation for
approval by the Director of Public Works.
b. Submit public improvement plans forreview and
approval by the Public Works Department.
C. The developer may establish a reimbursement
agreement for the portion of the public sewer
facilities that do not directly benefit this
development.
13. Traffic control facilities shall consist of, but not be
limited to, the following:
a. Three traffic signals shall be installed at the
following locations:
The intersection of Del Rio Road and E1 Camino
Real. This signal shall not be deferred.
4
0001()4)
Both northbound and southbound freeway ramps on
Del Rio Road at Highway 101. These 2 signals may
be deferred to allow occupancy with concurrence of
the Director of Public Works.
b. EL CAMINO REAL shall be improved to include a
raised median, where possible, with 2 travel
lanes, bicycle lanes, and a sidewalk on the west
side and 2 travel lanes with a graded and based
shoulder on the east side. Improvements shall
include designated right and left turn lanes into
the project and a left turn at the intersection
with Del Rio Road.
C. DEL RIO ROAD shall be improved at the intersection
with El Camino Real to accommodate the traffic
signal and shall be widened to full width right-
of-way improvements from E1 Camino Real to the
northbound freeway ramps, as determined by the
Director of Public Works.
14. All public improvements shall be covered with a 100%
Performance Guarantee and a 50% Labor and Material Guarantee
until construction is deemed substantially complete and by a .
10% Maintenance Guarantee until 1 year after substantial
completion.
15. The developer 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 manual of
uniform traffic control devices sign chart. Installation of
traffic devices shall be subject to review and modifications
within one year after construction.
16. All relocation and/or alteration of existing utilities
shall be the responsibility of the developer at his/her
sole expense with the exception of the public sewer
facilities covered by a reimbursement agreement. All new
utilities shall be installed underground.
17. All conditions approved herein shall be complied with prior
to the occupancy of any building unless arrangements to
defer are made between the developer and the Director of
Public Works. Any deferred public improvements will require
the recording of a deferred improvement agreement and the
submittal of suitable guarantees to the satisfaction of the
Director of Public Works and the City Attorney.
5
00010 'L
•
18. Wastewater facilities shall consist of the following:
The installation of a gravity line, force main and lift
station as shown in Alternative 2 of the final
Environmental Impact Report.
19. Submit a grading, drainage and erosion control plan prepared
by a registered civil engineer for review and 'I; approval by
the Director of Public Works.
20. Drainage facilities shall consist of the following:
a. Improvements to the drainage channels to the north
and south of the project to insure that all storm
water generated from the fully developed drainage
basin will carry the flow of a 25 year duration
storm to Graves Creek without exceeding the
carrying capacity of any drainage facility.
b. Under no circumstances will the parking lot be
allowed to contain water more than 12 inches deep
for a maximum duration of 1 hour.
C. All devices used to regulate storm water flows
must be designed to insure debris will not impede
their function and some manner of adjustment can
be readily made to insure their proper operation.
d. The applicant must demonstrate that' a 10 year
storm can be routinely carried to Graves Creek
without impacting or damaging downstream property.
Planning Division Conditions
21. Landscape plans shall require approval from the Community
Development Department, including but not limited to the
following:
a. The placement of some of the 24" box replacement trees
(condition # 22) in the parkway planting' along E1
Camino Real as called for in the EIR.
b. An encroachment permit from Caltrans shall be obtained
for required landscaping in the U.S. 101'' right-of-way.
Plans shall provide the shrubs and trees'' as recommended
in the EIR (Page IV-13) and as shown in Attachment G.
C. Ten ( 10) percent of the parking area shall be
landscaped with shade trees approximately 30 feet on
center.
6
00010Z
d. Landscape plan shall include trees to screen the
property to the south, particularly at the southerly
most entry drive.
22. Eight (8) 24" box Live Oaks shall be shown on the site plan
and planted prior to final building inspection. The Ginkgo
tree shall be transplanted to another location on the site.
23. , Project lighting shall not exceed 2. O footcandles at the
entry points to the site. Illumination within the parking
area should average 1. 0 footcandles and not be less than 0.6
footcandles for medium intensity commercial use.
24. Project construction techniques shall employ all dust
control measures as called for in the Uniform Building Code.
25. The project shall operate under a Trip Reduction Plan as
approved by the Air Pollution Control District. The Plan
shall include provision of transit incentives and ability to
accommodate local and regional transit systems.
26. Each project driveway shall be the minimum width necessary
(approximately 30-35 feet) to accommodate large delivery
trucks, as determined by the Public Works Director.
27. The existing service station shall be remodeled into
architectural compatibility with the factory outlet within
two years from the date of final inspection. This
remodeling shall include bringing the site' s existing signs
into conformance with the Zoning Ordinance.
28. Signs are approved as follows:
a. The two freeway oriented monument signs shall be
reviewed and approved by the Community Development
Department and Caltrans in conformance with Attachment
0 prior to issuance of building permits. The Exxon
sign is limited to the northerly sign only. The
southerly sign shall not exceed 125 square feet in
size.
b. Individual tenant signs shall be two foot individual
letters as shown in Attachment 0 not to exceed 65
percent of the storefront width. Letter colors shall
be deep red and uniform throughout the center.
29. The building design shall be modified as follows:
a. The tower and vertical elements of the front elevation
shall be extended through to the rear elevation to
avoid a one-sided and linear appearance from the
freeway.
7 •
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b. A definite terminus shall be provided to '' the end wings
of the factory outlet to provide a balanced rhythm to
the building.
30. This Conditional Use Permit shall expire one year from the
date of final approval, unless:
a. Substantial site work toward establishing the
authorized use has been performed, as defined in
Section 9-2. 114 of the Zoning Ordinance; '' or
b. The project is completed, as defined in Section 9-2. 115
of the Zoning Ordinance; or
C. An extension has been granted, as defined in Section 9-
2.118 of the Zoning Ordinance; or
d. A building moratorium is imposed on the project site.
8
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO
Agenda Item: C-2
Through: Ray Windsor, City Manager Mtg Date: 2/25/92
From: Henry Engen, Community Dev. Director File No: ZC 92-02
I
SUBJECT:
Proposed urgency ordinance to permit public animal hospitals in the
CT Tourist Commercial zones.
RECOMMENDATION:
Adoption of Ordinance No. 239 would require a 4/5ths vote for
passage.
BACKGROUND:
At the City Council' s February 11th meeting, the Council approved
Resolution No. 17-92 and 18-92 authorizing a Joint Powers Agreement
with the City of Paso Robles to provide for Animal Regulations
services. A key assumption to this proposed program was to use Dr.
Yocum's former veterinary clinic located on San Anselmo and Highway
• 101 as the home location for the service. As noted in the Police
Chief ' s report to the City Council, that use had been vacant for
too long to be grandfathered in as a permitted use,
Owing to the need to implement the Animal Control Regulations in a
timely way, Council directed staff to bring back an urgency
ordinance for consideration. This ordinance is attached hereto
together with a location map indicating where the use is proposed
to be established.
He:ps
Enclosures: Location Map
Draft Ordinance No. 239
CT (Commercial Tourist) Zone: Existing Text
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REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item:
-----------------------------------------------------------------
Through: Ray Windsor, City Manager Meeting Date : IFeb 25, 1992
From: Richard H. Mc le, Chief of Police
------------------#-,-*--------------------------------;------------
SUBJECT : Location of proposed City Animal Shelter
RECOMMENDATION : Authorize staff to negotiate a year-to-year
lease of the old animal clinic at 6000 San Anselmo Road for use
as a public animal shelter.
DISCUSSION: As Council knows, city staff is recommending the
lease and use of Dr . Yocum' s old animal clinic for our use as a
shelter and office for our "North Cities Municipal Animal Serv-
ices" operations . (Atascadero and Paso Robles . )
Staff members from both cities feel this site is advantageous for
the following reasons :
1 . The rent for this facility will be inexpensive and
affordable .
2 . It was designed for use as a veterinary hospital and
has existing pens which can be used to house animals .
3 . The location, directly adjacent to the freeway on and
off ramps is convenient and practical .
4 . The facility is immediately available for ' our use and
we've been unsuccessful in locating a facility and site
which is better suited.
In terms of disadvantages, as council knows, at the present time
at least two residents who live nearby (Monterey Road) the pro-
posed shelter are complaining that their peace will be disturbed
by barking dogs and that they will be offended by the necessary
animal euthanasia occurring within . (In checking our records I
found no evidence of disturbance reports having been made against
the animal clinic in the past . )
In order to mitigate the possible complaints of barking dogs, I
suggest staff be authorized to take the necessary steps to have
the dog containment area sound proofed so as to minimize this
problem. (I' ve confirmed we can do this through Dr. Yocum. )
000100
Another step council may wish to consider is a use stipulation
that no dogs be housed outside the facility.
Of course many, many other details must be attended to prior to
our assumption of animal services . The staff members of the
Cities of Paso Robles and Atascadero are prepared to undertake
such matters recognizing the full capabilities of our community
resources and volunteer organizations .
FISCAL IMPACT : Funding for this function will continue to be
derived from animal services revenues and the general fund. It
is anticipated that our city will realize an overall savings as
we join the City of Paso Robles in this effort .
For your consideration. . .
Richard H. McHale
000 D 16
ORDINANCE NO. 239
AN URGENCY ORDINANCE OF THE COUNCIL OF THE'± CITY
OF ATASCADERO AMENDING THE ZONING ORDINANCE TO PERMIT PUBLIC
ANIMAL HOSPITALS AS AN ALLOWABLE USE IN TOURIST
COMMERCIAL ZONES (CITY COUNCIL INITIATED)
WHEREAS, Section 36934 of the Government Code authorizes local
legislative bodies to enact urgency measures to protect the public
safety, health, and welfare; and
WHEREAS, the City of Atascadero is implementing a ',: comprehensive
program for animal regulation services with the ' City of Paso
Robles; and
WHEREAS, it is the City of Atascadero' s responsibility to estab-
lish the operation facility in the City of Atascadero; and
WHEREAS, the former veterinary hospital at 6000 San Anselmo has
been determined to be an appropriate location for said use; and
WHEREAS, said location is zoned CT Commercial Tourist, which does
not allow such use; and
WHEREAS, there is an urgent need to provide for theestablishment
of a public animal hospital in the City; and
WHEREAS, the Atascadero City Council held a noticed public hearing
on February 25, 1992 to consider this urgency issue.
NOW, THEREFORE, the Council of the City of Atascadero does ordain
as follows:
Section 1. Zoning Ordinance Text Change.
Section 9-3.242 of the Zoning Ordinance text is hereby amended by
the addition of public animal hospitals as an allowable use in the
CT Commercial Tourist zone, as shown on the attached Exhibit "A",
which is hereby made a part of this ordinance by reference.
Section 2. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen ( 15) days after its passage in the At4scadero 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 tis
ordinance and shall cause this ordinance and certification together
with proof of posting to be entered into the Book of Ordinances of
the City.
0001W)
Ordinance No. 237
Page Two
Section 3. Effective Date.
The City Council hereby declares that this is an urgency ordinance
necessary to preserve the public safety, health, and welfare due to
the facts set forth above, and passed by a four-fifths (4/5ths)
vote of the Council shall take effect immediately upon its
adoption.
On motion by and seconded by ,
the foregoing Ordinance is approved by the following roll call
vote:
AYES:
NOES:
ABSENT:
ADOPTED:
By.
•ALDEN SHIERS, Mayor
ATTEST.
r
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
0001 J 4)
Ordnance No. 239
EXHIBIT A
Chapter 3. Zoning Districts
CT (COMMERCIAL TOURIST) ZONE
9-3.242. Allowable Uses:
t. Public Animal Hospitals (see Section 9-6.110)
•
•
0001 1
ADOPTED JUPIE 27 , 1983
CT (COMMERCIAL TOURIST) ZONE
9-3. 241. Purpose: This zone is established to provide for lim-
ited commercial uses intended primarily to serve the public traveling
along Highway 101.
9-3. 242. Allowable Uses: The following uses shall be allowed in
the Commercial Tourist Zone. The establishment of allowable uses
shall be as provided by Section 9-2.107 (Plot Plans) and 9-2.108 (Pre-
cise Plans) :
(a) Eating and drinking places
(b) Hotels and motels
(c) Service station (See Section 9-6.164)
(d) Accessory storage (See Section 9-6.103)
(e) Utility transmission facilities
(f) Libraries and museums
(g) Outdoor recreation services (See Section 9-6.123)
(h) Sports assembly
(i) Temporary Events (See Section 9-6 .177)
(j) Transit stations and terminals
(k) Amusement services
(1) Collection station (See Section 9-6.130)
(m) Recreational Vehicle Park (See Section 9-6.180)
(n) Roadside stands (See Section 9-6.117)
(o) Temporary and seasonal sales (See Section 9-6.174)
(p) Public assembly and entertainment
(q) The following only apply when clearly subordinate and inci-
dental to an allowable use as provided in this Section:
(1) Food and beverage retail sales
(2) General merchandise stores
(3) Offices
3-32 0601 + ;,;
ADOPTED JU?IE 27, 1983
(4) Personal Services
(5) Auto repair and services (See Section 9-6.168) �,"Jl
(r) Bed and Breakfast
(s) Indoor recreation services
9-3.243. Conditional Uses: The following uses may be allowed in
the Commercial Tourist Zone. The establishment of conditional uses
shall be as provided by Section 9-2.109 (ConditionallUse Permits) :
(a) Auto, mobilehome and vehicle dealers and supplies (See Sec-
tion 9-6.163)
(b) Sales lots (See Section 9-6.139)
(c) Caretaker ' s residence (See Section 9-6.104)
(d) Pipelines
9-3. 244. Lot Size: There shall be no minimum lot si;ze in the
Commercial Tourist Zone.
3- 33 oilu i .,
REPORT TO CITY COUNCIL
• CITY OF ATASCADERO
Agenda Item: C-2
Through: Ray Windsor, City Manager Mtg. Date: 2/25/92
From: Henry Engen, Community Dev. Director -- FilVe No: ZC 92-02
SUBJECT:
Proposed urgency ordinance to permit public animal hospitals in the
CT Tourist Commercial zones.
RECOMMENDATION:
Adoption of Ordinance No. 239 would require a 4,/5ths vote for
passage.
BACKGROUND:
At the City Council's February 11th meeting, the Council approved
Resolution No. 17-92 and 18-92 authorizing a Joint Powers Agreement
with the City of Paso Robles to provide for Animal Regulations
services. A key assumption to this proposed program was to use Dr.
Yocum' s former veterinary clinic located on San AnsOlmo and Highway
• 101 as the home location for the service. As noted in the Police
Chief ' s report to the City Council, that use had been vacant for
too long to be grandfathered in as a permitted use'.
Owing to the need to implement the Animal Control regulations in a
timely way, Council directed staff to bring back an urgency
ordinance for consideration. This ordinance is attached hereto
together with a location map indicating where the use is proposed
to be established.
He:ps
Enclosures: Location Map
Draft Ordinance No. 239
CT (Commercial Tourist) Zone: Existing Text
00011►:�
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• REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item:
---------------------------------------------------+-------------
Through: Ray Windsor, City Manager Meeting Date '; Feb 25, 1992
From: Richard H. .MCNale, Chief of Police
------------------#_��_-------------------------------------------
SUBJECT : Location of proposed City Animal Shelter
RECOMMENDATION : Authorize staff to negotiate a ', year-to-year
lease of the old animal clinic at 6000 San Anselmo Road for use
as a public animal shelter.
DISCUSSION : As Council knows, city staff is recommending the
lease and use of Dr . Yocum' s old animal clinic for our use as a
shelter and office for our "North Cities MunicipalAnimal Serv-
ices" operations . (Atascadero and Paso Robles . )
Staff members from both cities feel this site is advantageous for
the following reasons :
• 1 . The rent for this facility will be inexpensive and
affordable .
2 . It was designed for use as a veterinary'', hospital and
has existing pens which can be used to house animals .
3 . The location, directly adjacent to the freeway on and
off ramps is convenient and practical .
4 . The facility is immediately available for our use and
we' ve been unsuccessful in locating a facility and site
which is better suited.
In terms of disadvantages, as council knows, at the present time
at least two residents who live nearby (Monterey road) the pro-
posed shelter are complaining that their peace will be disturbed
by barking dogs and that they will be offended by ''the necessary
animal euthanasia occurring within . (In checking ',our records I
found no evidence of disturbance reports having been made against
the animal clinic in the past . )
In order to mitigate the possible complaints of barking dogs, I
suggest staff be authorized to take the necessary 'steps to have
the dog containment area sound proofed so as to minimize this
problem. (I' ve confirmed we can do this through Dr''. Yocum. )
0UU 11�'1
Another step council may wish to consider is a use stipulation •
that no dogs be housed outside the facility .
Of course many, many other details must be attended to prior to
our assumption of animal services . The staff members of the
Cities of Paso Robles and Atascadero are prepared to undertake
such matters recognizing the full capabilities of our community
resources and volunteer organizations .
FISCAL IMPACT : Funding for this function will continue to be
derived from animal services revenues and the general fund. It
is anticipated that our city will realize an overall savings as
we join the City of Paso Robles in this effort .
For your consideration . . .
Richard H. McHale
000 it 16
• ORDINANCE NO. 239
AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY
OF ATASCADERO AMENDING THE ZONING ORDINANCE TO PERMIT PUBLIC
ANIMAL HOSPITALS AS AN ALLOWABLE USE IN TOURIST
COMMERCIAL ZONES (CITY COUNCIL INITIATED)
WHEREAS, Section 36934 of the Government Code authorizes local
legislative bodies to enact urgency measures to protect the public
safety, health, and welfare; and
WHEREAS, the City of Atascadero is implementing a comprehensive
program for animal regulation services with the City of Paso
Robles; and
WHEREAS, it is the City of Atascadero' s responsibility to estab-
lish the operation facility in the City of Atascadero; and
WHEREAS, the former veterinary hospital at 6000 San Anselmo has
been determined to be an appropriate location for said use; and
WHEREAS, said location is zoned CT Commercial Tourist, which does
not allow such use; and
WHEREAS, there is an urgent need to provide for the establishment
of a public animal hospital in the City; and
WHEREAS, the Atascadero City Council held a noticed public hearing
on February 25, 1992 to consider this urgency issue.
NOW, THEREFORE, the Council of the City of Atascadero does ordain
as follows:
Section 1. Zoning Ordinance Text Change.
Section 9-3.242 of the Zoning Ordinance text is hereby amended by
the addition of public animal hospitals as an allowable use in the
CT Commercial Tourist zone, as shown on the attached Exhibit "A" ,
which is hereby made a part of this ordinance by reference.
Section 2. 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 tis
ordinance and shall cause this ordinance and certification together
with proof of posting to be entered into the Bookof Ordinances of
the City.
Ordinance No. 237
Page Two •
Section 3. Effective Date.
The City Council hereby declares that this is an urgency ordinance
necessary to preserve the public safety, health, and welfare due to
the facts set forth above, and passed by a four-fifths (4/5ths)
vote of the Council shall take effect immediately upon its
adoption.
On motion by and seconded by
the foregoing Ordinance is approved by the following roll call
vote:
AYES:
NOES:
ABSENT:
ADOPTED:
By:
•ALDEN SHIERS, Mayor
ATTEST:
LEE RABOIN, City Clerk
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
PREPARED BY:
HENRY ENGEN, Community Development Director
0001 A)
• Ordinance No. 239
EXHIBIT A
Chapter 3. Zoning Districts
CT (COMMERCIAL TOURIST) ZONE
9-3.242. Allowable Uses:
t. Public Animal Hospitals (see Section 9-6.110)
000 1 � b
ADOPTED JUNE 27 , 1983
CT (COMMERCIAL TOURIST) ZONE
9-3 . 241. Purpose: This zone is established to provide for lim-
ited commercial uses intended primarily to serve the public traveling
along Highway 101.
9-3 . 242. Allowable Uses: The following uses shall be allowed in
the Commercial Tourist Zone. The establishment of allowable uses
shall be as provided by Section 9-2.107 (Plot Plans) and 9-2.108 (Pre-
cise Plans) :
(a) Eating and drinking places
(b) Hotels and motels
(c) Service station (See Section 9-6 .164)
(d) Accessory storage (See Section 9-6 .103)
(e) Utility transmission facilities
(f) Libraries and museums _
(g) Outdoor recreation services (See Section 9-6 .123)
(h) Sports assembly
(i) Temporary Events (See Section 9-6 .177)
(j) Transit stations and terminals
(k) Amusement services
(1) Collection station (See Section 9-6 .130)
(m) Recreational Vehicle Park (See Section 9-6.180)
(n) Roadside stands (See Section 9-6.117)
(o) Temporary and seasonal sales (See Section 9-6 .174)
(p) Public assembly and entertainment
(q) The following only apply when clearly subordinate and inci-
dental to an allowable use as provided in this Section:
(1) Food and beverage retail sales
(2) General merchandise stores
(3) Offices
3-32 000 k r
ADOPTED JUNE 27, 1983
(4) Personal Services
(5) Auto repair and services (See Section 9-6.168)
(r) Bed and Breakfast
(s) Indoor recreation services
9-3 .243. Conditional Uses: The following uses maylbe allowed in
the Commercial Tourist Zone. The establishment of conditional uses
shall be as provided by Section 9-2.109 (Conditional; Use Permits) :
(a) Auto, mobilehome and vehicle dealers and supplies (See Sec-
tion 9-6.163)
(b) Sales lots (See Section 9-6.139)
(c) Caretaker ' s residence (See Section 9-6.104)'
(d) Pipelines
9-3. 244. Lot Size: There shall be no minimum lot size in the
Commercial Tourist Zone.
3- 33 000 i
REPORT TO CITY COUNCIL
CITY OF ATASCADERO Agenda Item: D-1
From: Arther R. Montandon, City Attorney Meeting 'Date: 2/25/92
SUBJECT: Tentative Parcel Map 21-009, 9300 Corrielnte - Findings
for denial of proposed division of 8.21 4c. parcel into
two 4.1 ac. lots (cont'd from 2/11/92)
RECOMMENDATION:
I request that this item be continued for two weeks to allow for
thorough review of the record of the hearing. This will facilitate
the proper drafting of the findings.
Since the public hearing is closed, no further public input should
be received.
• ARM:cw
r
REPORT TO CITY COUNCIL Meetigg Date: 2-25-92
• CITY OF ATASCADERO Agenda Item: D_2
Through: Ray Windsor, City Manager
From: Greg Luke, Director of Public Works
SUBJECT•
Renewal of Dave Transportation Services, Inc, Dial-A-Ride
Contract.
RECOMMENDATION:
Approve enclosed Amendment No. 2 to Agreement for Provision of
Dial-A-Ride Services with Dave Transportation Services, Inc.
BACKGROUND:
The City of Atascadero entered into an '', agreement with
Community Transit Services, Inc. (now called Dave Transportation
Services, Inc. ) on February 28, 1989 to provide Dial-A-Ride
® services. The original contract was for a three year period. The
City has the option to extend this agreement up to two additional
years.
DISCUSSION:
The Agreement before the Council is to exercise that renewal
option with some modifications to the original contract, including
the following:
1. An increase in the total number of vehicle service hours from
8000 hours/year to 8800 hours/year. This roughly equates to an
increase from a 4 bus system to a 5 bus system. Note the contract
also allows for an increase to 9300 hours/year at the discretion of
the City. I have added these additional hours to allow for
expanded service at special occasions, such as Colony Days,
Christmas, and other similar events.
2 . The fixed monthly fee will increase to $11, 303 . Factoring in
the extra vehicle service hours, this represents an annual increase
of 5. 3% since 1989 .
3 . The fixed hourly rate will increase to $9. 820, which represents
an annual increase of 7 .7% since 1989 .
•
ODU l 1 '}
ANALYSIS:
Assuming the City uses the full 8800 vehicle service hours,
the cost to run a Dial-A-Ride bus this year will be $24. 50 per
hour. This price includes the driver, dispatch services,
insurance, training and system management. It does not include the
cost of the bus, maintenance, fuel, depreciation, or City overhead.
Attempting to put this into terms understandable to the
layman, if the bus travels 25 miles in an hour, the cost to the
City is about $1. 00 per mile. The contract cost increase almost
exactly parallels the rate of inflation.
As a comparison, the City of Paso Robles pays $22.70 per hour
plus the cost of driver insurance, which can be $2. 00 per hour. It
can be seen that the cost to operate the two systems is virtually
equal. Differences in contract language make an absolute "apples
and apples" comparison between the two systems impossible.
However, it seems clear that Atascadero's contract with Dave
Transport Services is very close to the market price.
It is important to note that the entire cost of the system
(both the contract cost and the City's cost) is paid for out of
Federal Transit Development Act (TDA) funds. No general funds are
used. In addition, busses and other miscellaneous facilities are
often provided by special Transit Grants.
OPTIONS:
The Council can choose to either 1) put the contract out for
public bid, or 2) extend the existing contract for two years. The
cost data from Paso Robles and the inflation analysis both indicate
that Atascadero is receiving Dial-A-Ride service at the market
price. Thus it is my recommendation that the 2 year contract
extension option with Dave Transportation be accepted by the
Council.
Attachments:
Transit Operations Agreement
Amendment No. 2
e
00M
DAVE
transportation
File: D:CA-Atascadero services, inc.
REG/HEM-02122-FC
"A Standard
of Excellence
Gregory Luke Coast to Coast"
Director of Public Works
CITY OF ATASCADERO
P. O. Box 747
Atascadero, CA 93422
Reference: Amendment No. 2 to Agreement for Provision of Dial-A-Ride Services
Dear Mr. Luke:
At the request of Phil McGuire, enclosed are two signed copies of Amendment No. 2 to our
agreement for the above referenced service to reflect a change in the term of the contract, the
maximum obligation, the price formula, and the addition of a discount to the city upon pre-
payment of the monthly fixed-costs. Once countersigned by the City, please return one copy
to my attention for our files.
If you have any questions, please contact me at (714) 549-3283 or Phil ,McGuire at (707) 422-
5292.
Sincerely,
Roy*E. aer
Vice President/Contract Administrator
REG/hem
xc (w/encl): R. Snyder
P. Orrin
P. McGuire
M. Wells
201 E. Sandpointe
Suite 800
Santa Ana
California 92707
(714) 549-3283
FAX:(714) 755-5552
0001 i c
1 AMENDMENT TO AGREEMENT
2 Amendment No. 2
3 This Amendment No. 2 to the previous agreement is made and entered into the day of
4 , 1992, by and between the City of Atascadero, hereinafter called "City" and DAVE
5 TRANSPORTATION SERVICES, INC., hereinafter called "M&O."
6 WITNESSETH:
7 WHEREAS, City and M&O entered into a prior agreement on the 28th day of February 1989, for
8 the management and operation of City's program; and
9 WHEREAS, City and M&O modified certain elements of this Agreement through prior Amendment
10 No. 1, previously submitted for your approval; and
11 WHEREAS, City and M&O desire to modify said agreement as previously amended;
12 NOW, THEREFORE, it is hereby agreed that the Agreement dated February 28, 1989, between the
13 parties, as subsequently amended, is further amended in the following particulars only:
14 1. ARTICLE 2, Term of AEreement, amended to read: The term of this Agreement shall be
15 from March 1, 1992 through February 28, 1994.
16 2. ARTICLE 4, Maximum Obligation, amended to read: City agrees to pay M&O in
17 consideration for its services described herein. The maximum price to be paid by City to M&O for Budget
18 Period March 1, 1992, to February 28, 1993, shall not exceed Two Hundred Fifteen Thousand, Five
19 Hundred Ninety-Six Dollars ($215,596.00) for 8,800 vehicle service hours; the maximum price to be paid to
20 M&O for Budget Period March 1, 1993 to February 1, 1994 shall not exceed Two Hundred Twenty-Four
21 Thousand, Nineteen Dollars ($224,019.00) for 8,800 vehicle service hours.
22 3. ARTICLE 5, Price Formula, subsection (a), amended in part to read:
23 (a) Payment of a fixed hourly rate of$9.534 per vehicle service hour for Budget Period
24 March 1, 1992 to February 28, 1993, and a fixed hourly rate of$9.820 per vehicle service hour for Budget
25 Period March 1, 1993 to February 28. 1994 for a maximum of 8,800 vehicle service hours annually. Service
26 hours may be increased to a maximum of 9,300 annually upon written authorization by the City.
11
-1-
0001 1 'i
r
1 4. ARTICLE 5, Price Formula, subsection (b), amended in part to read:
2 (b) Payment of a fixed monthly rate of$10,974.42 per month for the Budget Period March 1,
3 1992 to February 28, 1993, and $11,303.00 for Budget Period March 1, 1993 to February 28, 1994.
4 5. ARTICLE 7, Payment, amended to read:
5 (a) Payment shall be made by the City no more than thirty (30) days from the City's receipt
6 of an invoice. Payment of invoices will be made on a monthly basis. If the City disputes any item on an
7 invoice for a reasonable cuase, the City may deduct that disputed item from the payment, but shall not delay
8 payment for the undisputed portions. The amounts and reasons for such deletions shall be documented to
9 M&O within fifteen (15) working days of the receipt of the invoice by the City. The City shall assign a
sequential reference number to each such deletion. Payments shall be by voucher or check payable to and
i mailed first class to:
12 Accounts Receivable
DAVE TRANSPORTATION SERVICES, INC.
013 201 East Sandpointe, Suite 800
Santa Ana, CA 92707
14
(b) The monthly rate will be reduced by 2 percent (2%) if payment is received prior to the
15
first day of the service month.
16
17 6. ARTICLE 22, Notices, is amended in part to read: All noticed required to be given with
respect to this agreement shall be in writing and mailed first class, postage prepaid to the persons named
18
below:
19
If to M&O: Contract Administrator
20 DAVE TRANSPORTATION SERVICES, INC.
201 East Sandpointe, Suite 800
21 Santa Ana, CA 92707
22 With copy to: Regional Manager
DAVE TRANSPORTATION SERVICES, INC.
23 1705 Enterprise Drive
P.O. Box 127
24 Fairfield, CA 94533
25 /
26 /
-2- 00011 t
r
1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be
2 executed by and through their respective officers thereunto duly authorized on the date first written above.
3
4 CITY OF ATASCADERO DAVE TRANSPORTATION SERVICES, INC.
5
6 By: By:
Date:
9 Witnessed by: And b
10
11 Date: Date: Z-1 1"'q 7-
12 12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-3-
FILE Copy
TRANSIT OPERATIONS AGREEMENT
This AGREEMENT is made this 28th day of February 1089
by and between the City of Atascadero, hereinafter referred
to as "City" and Community Transit Services , Inca
hereinafter referred to as "Contractor . "
_ WITNESSETH
WHEREAS, on December 13, 1988 the Atascadero City
Council authorized the release of a Request for Proposal
(RFP) for the operation and maintenance of the public
transportation services specified in the RFP; and,
WHEREAS, CONTRACTOR submitted a proposal
dated January 13 1988 responsive to the RFP to provide
such services in the method and manner and the 'costs set
forth in the proposal ; and,
WHEREAS, City has determined that CONTRACTOR has the
management and technical personnel , expertise and other
useful assets of sufficient quantity and quality to provide
Atascadero with public transportation services ; and,
• WHEREAS , the subject RFP is attached ' to this
agreement as Exhibit A and CONTRACTOR' S proposal is
attached as Exhibit S and both are by this reference made a
part, of this acrreement ;
NOW, THEREFORE, in consideration of the forectoing
recital and covenants and agreements of each of the
parties , the parties do agree as follows :
1 . Purpose: Atascadero hereby contracts with
CONTRACTOR to operate and maintain public trangportwticn
services upon the terms and conditions hereinafter Eet
forth.
2 . Term of Agreement
(a) Initial Term: The initial term of this ',agrcem�ent
shall be from March 1 , 1989 through and including February
29, 1992 .
(b) Extension Options : Upon completion of the
initial term, Atascadero, at its sole discret''ipn , may
extend the term of this agreement on a multiple year , year
to year, multiple month or month to month basis , provided
At changes in the terms and conditions of the 'extension
mutually agreed upon by both parties, not to exceed two
(2) additional years .
000 1:.,()
t
3 . Scope of Work. CONTRACTOR will provide the
services to be rendered as. set forth in Exhibit CrFt k�iE�.
"Scope of Work" , attached and by this reference made a part
of this agreement .
4 . Maximum Oblication . Atascadero agrees to pay
CONTRACTOR in consideration for its services as described
herein , The maximum cost to be paid by the City to
CONTRACTOR shall not exceed $149,233 during the first yFar ;
$155 . 695 during the second year; and $162 . 395 during the
third year .
5 . Price - Formula . The City agrees to pay CONTRACTOR
for performance of the services set forth in this agreement
as follows ;
(a) Payment of a fixed hourly rate. per vehicle
service hour of $6 .755 in the first year; $7.092 in the
second year; and $7 .447 in the third year . Vehicle service
hours will be calculated by using the time each revenue
vehicle leaves the garage for its first scheduled point
each day until such time as each vehicle returns to the
garage at the end of each operational day and/or route.
Time for driver meal breaks are specifically excluded from
use in the calculation of a vehicle service hour . The
hourly rate shall include operator wages , fringe benefits •
and indirect labor costs .
(b) Payment of a fixed monthly rate of S7933 , 00 in
the first year; S8246 . 42 in the second year ; and $8568 .42
in the third year . The monthly rate shall compensate
CONTRACTOR for all work to be performed under this
agreement as defined in Exhibit C , Scope of Work, except
that which is included under Paragraph 5Ca) and 5 (d) of
this agreement including, but not limited to, vehicle
operators' non-service wages ; management' s , controllers'
wages ; said employees' fringe benefits and indirect labor
costs : uniforms ; report reproduction; office suppl_iev ;
project telephones : all other related operational costs ;
and the contract fee.
(c) The City shallrovide fuel ; tires ; acqui i.tion
costs , lease or purchase or radios and vehicles , including
licenses for radios and vehicles; capital costs for
facilities' furniture ; use of office copy machine; maps and
charts ; office and parking facilities . Additionally the
City shall provide marketInc
r. tickets , passes , brochures ,
and related collateral materials . Compensation for these
items shall not be included in the hourly or monthly rates
as defined above in Paragraphs 5 (a) and 5 (b) . Contractor
�-a11 have satisfied himself that the office facilit-i-es
iilable are adequate for his/her operation. •
2
UUUI ?
• (d) The City tv ac_rress to reimburse CONTRACTOR for
actual costs incurred in providing vehicle insuranGe
this agreement , as vehicle insurance is defined �n
Paragraph 33 of this agreement . CONTRACTOR will'' hill and
the City will pay CONTRACTOR' S actual cost . without mark uP ,
for said insurance and this amount shall be in excess of
the maximum price defined in Paragraph 5 (a) , 5 (b): and 5 (c)
above .
(e) Upon the replacement of any of thv4 exi-st-ir)u
vehicles both the City and CONTRACTOR shall meet and confer
on each occasion for the purpose of adjusting the ''acareemert
price formula to reflect an changed conditions of this
agreement , such as insurance coveraces .
6. Invoices . CONTRACTOR shall submit invoices to the
City for services provided as follows :
(a) All hourly costs shall be invoiced to the City
monthly following the service month provided. Said
invoices shall specify the dates of service and the numkler
of vehicle service hours claimed. Hourly costs shall be
directly traceable by dispatcher and/or driver trip sheets
and/or employee time cards . copies of which shall be
submitted to the City monthly with each invoice ,
• (b) The monthly rate shall be invoiced monthly
following the service month provided. All reports and
submissions required under this agreement shall be
accurately completed and submitted to the City prior to
payment of said monthly rate invoices.
(c) CONTRACTOR' S actual monthly cost ' for the
provision of vehicle insurance under this agreement shall
be invoiced monthly to the City . Copies ofreceipts ,
bills , etc , to support the invoiced amount shall be
attached to the monthly invoice prior to payment ,
7. Payment . All payments by the City to CONTRACTOR
shall be made in arrears . Payment shall be mode 'try the
City no more than thirty (30) days from the Citv';' s reoeipt
of an invoice. Pavment of invoices will be: made or, a
monthly basis . It the City disputes any item on an invoice
for a reasonable cause, the City may deduct that disputed
item from the payment , but shall not delay payment for the
undisputed portions . The amounts and reasons'; for such
deletions shall be documented to CONTRACTOR within fifteen
(15) working days of the receipt of the invoice by the
City , The City shall assign a sequential reference number
7:0 each such deletion . Payments shall be by ',vou.cher or
:Zeck payable to and mailed first class to :
Accounts Receivable
Community Transit Services , Inc .
P.O . Box 127
Fairfield, CA 94533
8 . Operating Revenues , All operating r-eveni5eF
collected by CONTRAC'T'OR are the property of the i.)`_�y .
Operating revenues include, but are not limited to , all
fares , extra services , sales of tickets and passes , They
shall be counted and kept separately under apprQrr.5-&te
security . Within one (1) working day from collection , they
shall be deposited by CONTRACTOR at the City Finance
Department . Reports on the revenues collected and
deposited shall be provided to the City. CONTRACTOR. s."r,aXi
provide the City with a written description (if
CONTRACTOR' S procedures regarding the collection , counting
and controlling of fare revenues . These procedures are
subject to City approval .
9 . Extra Services . Extra services , and promotional
service will be provided by CONTRACTOR upon prior written
authorization by the City as follows :
(a) When extra services fall entirely within norm&l
service hours and the City directs that normal operating
personnel should be used to provide the extra service, such
service will be provided at the regular cost as defined in
the "Price Formula" , but at the expense of a lower level of
service for normal operations . Such services are
considered a part of this agreement .
(b) Extra services outside normal operating hours and •
extra services within but in addition to normal operation
shall be considered a chance to this agreement as defined
under "Changes" , and shall be in excess of the maximum
price defined in the "Maximum Obligation ." The costs will
be determined on an individual-trip basis at the regular
hourly rate as defined in the "Price Formula" and billed
separately from the contract .
1.0 . ConLtul
(a) All services to be rendered by CONTRACTOR u -'er
this agreement shall be subject to the control of -he
City , CONTRACTOR shall advise the City of matters of
importance and make recommendations when appropriL-ta;
however, final authority shall rest with City .
(b) The City shall not interfere with the management
of CONTRACTOR' S normal internal business affairs and shall
not attempt to directly discipline or terminate CONTRACTOR
employees . The City may advise CONTRACTOR of any
3mployee' s inadequate performance which has a negative
:� fect on the service being provided, or on maintenance to
-• 3hicles ,
•
i11 . Management . During the term of this agreement. ,
CONTRACTOR shall provide sufficient executive �.n •`
administrative personnel as shall be necessary and '',reauired
to perform its duties and obligations under the 'term,,7 a`
the agreement .
12 . Medical Assistance to Passengers . CONTRACTOR' S
employees shall not be required to perform any medical or
quasi-medical functions for passengers . In the 'event of
illness or accident on board a vehicle, the driver siha)-)
advise the dispatcher by radio. The dispatcher shall check
with qualified personnel for appropriate action adn shall
report back to the driver . The driver may vacate his/her
route if it is necessary to proceed to a medical ''ifacility
for help , either before or after receivinc advi',ce. Any
actions or judgements on behalf of employees shal''l be the
responsibility of the CONTRACTOR and not the City ,
13 . Uniforms . CONTRACTOR shall purchase uniforms for
employees and shall require the employees to wear them,
The design , type and logo of the uniforms shall bei subJeet
to City approval . Uniforms shall include, but not be
limited to , shirts , pants and Jackets . All employees of
CONTRACTOR conducting work under this actreement ''shall be
required to maintain a neat and clean appearance,
• 14 . Contract Assignment . This agreement shall riotbei
sold, assigned, transferred, conveyed or encumbered by
CONTRACTOR without the prior written consent of the Gity .
CONTRACTOR shall not sell or otherwise transfer its
interest in this agreement without prior written
notification to the City . Upon receiving such noti>fication
from CONTRACTOR, the City may, at its sole discretion,
decide to exercise its right to terminate this agreement .
Subject to these provisions , the agreement shall be: binding
upon the heirs , executors , administrators , successors and
assigns of the respective parties .
I5 . Qualification for Future Contracts . As „a result
of having entered into this agreement , CONTRACTOR s,r,a-11 rat
be inhibited, penalized, or disqualified from swbmi.tti.ng
proposals for subsequent transportation management , and
operation programs under the jurisdiction of the City .
16 . Disputes ,
(a) Any controversy or claim arising out, of or
relating to the provisions of this agreement or the breach
thereof, shall be settled by arbitration at the election of
either party in accordance with the Rules of the ';America.n
Arbitration Association at the City of Atascadero a-nd
• judgment upon the award rendered by the arbitrators may be
entered in any court having jurisdiction thereof . The
s !)U01',Y,}
loosing party or parties shall bear the cost of a.ny
arbitration proceeding or judicial action commr.ncce,
thereunder, such cost to include reasonable arbitr � oa ' r
fees , attorney' s fees incurred by the prevailing party, as
well as other reasonable costs incurred by the prevailing
party .
(b) The Federal Procurement Regulations shall be used
where applicable to define, resolve , and settle procurement
issues .
17 . Stop Work. The City may close down operation of
the City transportation system upon rorty-eight (48) hours
written notice to CONTRACTOR. The Citv shall be liable for
all relevant costs incurred prior to the stop-work period
and for restart , if any . When exercising this provision ,
the City shall be obligated for the costs of severance for
personnel assigned to the City transportation system in
accordance with the published policy and procedures of
CONTRACTOR, a copy of which shall be provided to the C.;,ty
upon request . Additionally , the cost associated with,
operations and facilities close down, shall be the
obligation of the City . Contractor shall make all
reasonable efforts to minimize costs to the City .
18 . Termination . At any time, and without cause , the
City shall have the right , in its sole discretion ,- to •
terminate this agreement by giving sixty (60) days written
notice to CONTRACTOR. In the event of such termination,
the City shall pay CONTRACTOR only for services rendered to
the effectie date of termination . I: termination occurs ,
all data and materials relevant to the operation shall be
made available to the Citv at no additional cost .
19 . Citv Remedies on Breach . It is agreed that in
the event of failure by CONTRACTUR to perform the services
>auired by this agreement , in addition to all other
remedies , penalties and damages provided by law, the City
may provide such services , and deduct the cost of doing ,Fo
from the amounts due or to become due to the CONTRACTOR,
The costs to be deducted shall be the actual costs to the
City to provide this service.
20 . Changes . The City , without invalidating this
agreement may order additions to or deletions from the work
to be performed. Such changes shall be specified. to
CONTRACTOR in writing. If justified, the "Maximum
Obligation" will be adjusted accordingly . New provisions
rust be mutually agreeable to both the City and CONTRhCTOR.
•
0001-W
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t
21 . Modification of Agreement . This writ-.r)q
constitutes the entire agreement between the hart,-F:5;
relative to the subject matter of this acreeme'nt anti no
modification hereof shall be effective unless '':and until
such modification is evidenced by a writing signe,d lsy both
parties to this agreement . There are no understandings ,
agreements or conditions with respect to the subject matter
of this agreement except those contained in this writing.
22 . Notices . All notices required to be given with
respect to this agreement shall be in writing and mailed
first class , postage prepaid to the persons named below :
If to Contractor: Contract Administrator
Community Transit Services
1450 East 17th Street , #100
Santa Ana, CA 92701
Copy To : Community Transit Services Ihc .
District Manager
1705 Enterprize Drive
Fairfield, CA 94533
If to City : City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
X Director of Public Works
23 . Proprietary Rights . All inventions ,
improvements , discoveries , proprietary rights , patents , and
copyrights made by CONTRACTOR under this agreement ' shall be
made available to the City with no royalties , chsrges , or
other costs , but shall be owned by CONTRACTOR. A1i manuals
prepared by CONTRACTOR for use by CONTRACTOR in other
locales shall be made available to the City at no charge
but shall be owned by CONTRACTOR and shall '' not be
disclosed, or released by the City without written convent
of CONTRACTOR. Reports and manuals prepared by CONTRACTOR
under this agreement for specific use in the City transit
system shall become the property of the City . CONTRACTOR,
however , shall have the richt to print and issue copes of
these reports . CONTRACTOR may make presentations and
releases relating to the project . Papers and other formzl
Publications shall be approved by the City prior to
release .
24 , Force Majeure . CONTRACTOR shall not be held
responsible for losses , failure to perform, or excess costs
caused by events beyond the control of CONTRACTOR. Such
=vents may include , but are not restricted ' to the
-ollowing: Acts of God; fire, epidemics , earthquake,
-:ood, or other natural disaster; acts of the government;
000111;
riots , strikes , war or other civil disorders ; ci fuel
shortages . In every case, CONTRACTOR shall_
performence at the earliest possible date follc�Fjs r�c� r,
cessation of such unforeseen causes or events . CONTRACTOR
shall be entitled to no compensation for any service , the
performance of which is excused, pursuant to this
paragraph .
25 . Information and Documents . All information ,
data , reports, records , maps , survey results a.s are
existing, available , and necessary for carrying out ho
work under this agreement , shall be furnished to CONTRACTOR
without charge by the City and the City shall cooperate in
every way possible in the carrying out of the work without
undue delay .
26. Emergency Procedures . In the event of a major
emergency such as an earthquake, dam failure, or man—made
catastrophy, CONTRACTOR shall make transportation and
communication resources available to the degree passible
for entergency assistance . If the normal line of direct
authority from the City is intact , CONTRACTOR shall follow
instruction of the Citv . If the normal line of direct
authority is broken, and for the period it is broken ,
CONTRACTOR shall make best use of transportation resources
following to the dearee possible the direction of the City
of Atascadero , the San Luis Obispo County Office of •
Emeruenev Services ,and/or the police or fire department
which appears to have assumed responsibility within the
service area . Emergency uses of transportation may include
evacuation , transportation o: injured, and movement of
people to food and shelter . CONTRACTOR shall be reimbursed
in accordance with the normal "Price Formula" and "Payment"
or , if the normal method does not cover the types of
emergency services involved, then on the basis of fair ,
equitable, and prompt reimbursement of CONTRACTOR' S actual
costs . Reimbursement .`or such major emergency services
shall be over and above "Maximum Obligation" of this
contract . Immediately when the emergency condition cexs,ar,
CONTRACTOR shall reinstitute normal transportation
services .
27 . Audit and Inspection . CONTRACTOR shall permit
the authorized representatives of the City , the U. S .
Department of Transportation , the Comptroller General of
the United States , the California State controller' s
office , and the San Luis Obispo Area Council of Governments
to inanect and audit all data and records of the CONTR-1-,GTOR
relating to performance under this agreement . Further,
C^NTRACTOR agrees to maintain all required records for a.t
least three years after the City makes final payments a.nd
all other pending matters are closed.
•
8 000 1.,
• 28 . Transportation Data Reporting. CONTRAG`i'U'r",
report operating and financial data to the ' Cit} in
accordance with the California Public Uti1it i e4- (-c,.":e .
Chapter 4 , Section 99243, and California Administrative
Code title 21 , Chapter 3 , Subchapter 2 as required under
Califonria Transportation Development Act , and with Level
"C" of the Uniform Financial Accounting and Reporting
Elements (FARE) as required under Section 15 ofthe Urban
Mass Transportation Act of 1964 , as amended.
29 . Permits and Licenses . At its soleoost and
expense, CONTRACTOR shall obtain any and all permits ,
licenses , certificates , or entitlements to operate as are
now or hereafter required by any agency, specifically
including the California Public Utilities Commission , the
CHP and local jurisdictions , to enable CONTRACTOR to
perform this agreement , and shall provide copies of all
such entitlements to the City when received by CONTRACTOR.
In the event that any aspect or this agreement: requires
prior approval by the PUC, the CONTRACTOR shall submit
necessary application forms . Both parties shall !appear as
necessary and cooperate in the commission ' approval
process . The City reserves the right to oppose, support or
be neutral on any such request and on the PUC' s ruling
thereon ,
30 . Worker' s Compensation . CONTRACTOR certities that
it is aware of the provisions of the Labor Code of the
State of California which recuire every employer to be
insured against liability for Worker' s Compensation or to
undertake self-insurance in accordance with the provisions
Of that Code, and it certifies that it will comply with
such provisions before commencing the performance of the
work of this agreement .
31 . Nondiscrimination .
(a) In connection with the execution of this
agreement , CONTRACTOR shall not discriminate agxinxt p:r►y
employee or applicant for employment because of race,
religion , color, sex , age or national origin, The
CONTRACTOR shall take affirmative action to ensure that
applicants are employed. and that employees aretreated
during employment without regard to their race, color,
religion, sex, age, or national origin . Such action shall
include , but not be limited to , the following: employr►gr►t ,
upgrading, demotion or transfer , recruitment or recruitment
advertising, layoff or terminations , rates of pay: or other
forms of compensation, and selection for training,
Including apprenticeship . CONTRACTOR further agrees to
_nsert a similar provision in all subcontracts , except
-,bcontracts for standard commercial supplies, or raw
erials .
9
00011�
(b) CONTRACTOR shall also comply with the requirements
of Title VI of the Civil Rights Act of 1964 (?.L .
and with all applicable regulations , statutes , laws , etc . ,
promulgated pursuant to the civil rights acts of the state
and federal government now in existence or hereafter
enacted, Further , CONTRACTOR shall also comply with the
provisions of Section 1735 of the Calirornia Labor Code.
32 . General Insurance . Throughout the term of the
agreement , CONTRACTOR shall procure and maintain a,
comprehensive general liability policy prc-.-iding FIVE
HUNDRED THOUSAND DOLLARS (SSUU,000. U0) combined single
limit bodily injury and property damage coverage. ; Said
policy shall not include coverage for vehicle liability
and/or vehicle physical damage insurance . Such vehicle
insurance shall be provided as spescified in the section of
this contract entitled Vehicle Insurance . CONTRACTOR
shall also procure and maintain an umbrella liability
policy in the amount of TEN MILLION DOLLARS
($10 , 000 , 000 . 00) . CONTRACTOR shall name the City as
additional insured on said policies and shall provide
evidence of such insurance . Such policy or policies shall
provide that they may not be cancelled without at least
thirty (30) days written notice to the City .
33 . Vehicle Insurance
(a) CONTRACTOR shall provide the City with vehicle
liability insurance in the amount of FIVE HUNDRED THOUSAND
DOLLARS (S500 , 000.00) combined single limit bodily injury
and property damage. Coverage will also include collision
with a Ten Thousand Dollar ($10 , 000 . 00) deductble, and
comprehensive coverage with a Ten Thousand Dollar
(510 , 01'0 . 00) deductable . Any deductible will be the
-bility of the CONTRACTOR. A separate umbrella
►ty policy will provide vehicle liability coverage of
additional TEN MILLION DOLLARS (S10 ,000 , 000. 00) , Such
Licies shall provide that they may not be cancelled
.thout at least thirty (30) days written notice to the
City .
10 {)001.;:9
® (b) In case of damage or destruction of any vehicle
or vehicles provided by the City under the termI o1*K0 _
agreement , the City agrees that liability of CONTRACTOR for
said damage or destruction shall be limited to the
appraised fair market value of the vehicle (s) at'; the time
of the loss . CONTRACTOR and the City agree :, that the
appraised fair market value shall be the value established
by the insurance carrier providing the collision and
comprehensive physical damage coverage required under this
Paragraph or such other appraiser as mutually agreed upon .
(c) In the event that addition, deletion , or
acquisition of new vehicles by the City changes the vehicla
fleet listed in the Scope of Work, the compensation paid to
CONTRACTOR for the purposes of maintaining liability and
physical damage coverage on said vehicles shall beadjusted
immediately to reflect the adjusted actual premium costs
for such insurance coverage.
34 . Indemnification. Except as may otherwise be
Provided in the agreement , CONTRACTOR shall investigate ,
indemnify , defend, and hold harmless the City their
officers , agents , and employees against any and all claims ,
demands , or loss , or liability of any kind or nature
whether real or alleged which the City their officers ,
• agents , and employees may sustain or incur , or which may be
imposed upon them for any negligence by C:ONTRAC:wx, its
officers , agents , or employees ,
35 . Fidelity Bond. During the period of time this
agreement shall be in effect , CONTRACTOR shall cause its
staff personnel to be covered under an appropriate bond
providing protection from employee theft up to the amount
of TEN THOUSAND DOLLARS ($i0, U0U . U0) with respect to any
one occurrence by CONTRACTOR employees . 'theft insurance
on all City provided vehicles operated under this agreement
shall be provided under paragraph 3:3 of this agreement ,
36 , Disadvantaged Business Enterprise
(a) It is the policy of the U.S. Department of
Transportation that Disadvantaged Business enterprises
(DBE) as defined in 49 CFR Part 23, shall have the maximum
opportunity to participate in the performance of contracts
financed in whole or in part with federal funds under tYLis
agreement . Conseauently , the DBE requirements of 49 CFR
Part 23 apply to this agreement ,
000 A4 j
(b) CONTRACTOR agrees to ensure that Disadvantaged
Business Enterprises (DBE') . as defined in 49
have the maximum opportunity to participate in the
performance of contracts . CONTRACTOR and its,
subcontractors shall not discriminate on the basis of race,
creed, national origin , or sex in the award and performance
of federal-assisted contracts .
(c) CONTRACTOR shall cooperate fully with the City in
meeting any of the City' s committments and goals --ith..
regard to the maximum utilization of disadvantaged business
enterprises . CONTRACTOR shall keep records of DBE
participation in all activities carried out pursuant to
this agreement , and shall report to the City all such
partitipation and efforts made to encourage DBE
participation as required by the city .
37 , Conservation , CONTRACTOR shall recognize
mandatory standards and policies relating to energy
efficiency which are contained in the State energy
conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 RSC: Section 6321 et seq, )
38 . Interest of Members of or Delegates to Congress ,
In accordance with 18 USC, Section 431 , no member of , or
delevate to the Congress of the United States shall be •
admitted to any share or part of this agreement or to any
benefit arising therefrom.
39 . Conflict of Interest . No Board member , officer,
or employee of the City during his/her tenure or one year
thereafter , or during the length of the initial agreement
term, shall have any interest , direct or indirect , in this
contract or the proceeds thereof.
40 . Clean Air and Water Acts . CONTRACTOR agrees .to
comply with all applicable standards , orders , or
requirements issued under Section 306 of the Clean kir Act.
C42 USC 1857 (h) , Section 508 of the Clean Water Act (33
USC 1368) , Executive Order 11738 , and Environme•nta.1.
Protection Agency regulations (4U CFR, Part 15) which
prohibit the use under nonexempt Federal contracts , grants ,
or loans , of facilities included on the EPA List for
Violating Facilities . CONTRACTOR shall report violations
to UMTA and to the USEPA Assistant Administration for
Enforcement CEN0329) .
41 , Debarred Bidders . The CONTRACTOR, including any
of its officers or holders of a controlling interest , is
.:bliaated to inform the City whether or not it is or hs,s
:.sen on any debarred bidders' list maintained by the United
rtes Government . Should the CONTRACTOR be included on •
a list during the performance of this project , he/she
so inform the City .
r
42 . Conflict of Transportation Interests , CONTRkC C)R
shall not divert any revenues , passengers , Dr
business from the City project to any taxi or other
transportation operation of CONTRACTOR.
43 . Transfer of Title to Equipment . Equipment and
supplies purchased by Contractor as a direct—charge item in
connection within the performance of this agreement wall
become the property of the City upon payment of invoice for
such equipment and supplies . CONTRACTOR shall mairnt.ain a_
perpetual inventory of ' all such equipment and suppliet
purchased under this and any prior agreement , to be
submitted for review on or before June 30 of each fiscal
year. CONTRACTOR shall be responsible for the replacement
of any equipment and supplies purchased or providod, either
by the City or CONTRACTOR, under this agreement that is
lost or unreasonably destroyed while under the control of
CONTRACTOR.
44 . Independent Contractor.
(a) Neither of the parties hereunder shall ''he deemed
to be the agent , employee , partner, or joint venturer of
the other . CONTRACTOR is and should be an independent
• contractor performing services under this agreement for the
consideration herein above set forth.
(b) CONTRACTOR' S employees shall at all times be and
remain the sole employees of CONTRACTOR, and CONTRACTOR
shall be solely responsible for payment of all employee' s
wages and benefits . CONTRACTOR, without any ' cost or
expenses to the City shall faithfully comply ', with the
requirements of all applicable State and Federal enactments
with respect to employer' s liiability, workers '
compensation, unemployment insurance and other '; forma of
Social Security, and also with respect to withholding of
income tax at its source from wages of said empdoyae and
shall indemnify and hold harmless the City from and age-inst
any and all liability , damages , claims , costs and cxpenueu
of whatever nature arising from alleged violation of 5uoh
enactments or from any claims of subrogation provided for
in such enactment or otherwise.
13
(c) This agreement does not constitute a contract of
employment between the City and CONTRACTOR or zny
officers , or employees of CONTRACTOR. After the expsrat�LGn
or termination of this agreement CONTRACTOR' S successor
shall be permitted to hire any CONTRACTOR employees
previously employed on this program. At that time , in
hiring a CONTRACTOR employee or a former CONTRACTOR
employee , the City shall insure and require that such
employment process fairly treat former CONTRACTOR employees
as members of the general public with no discriminate-on , no
waiver of job advertising, no consideration of employee' v
seniority with CONTRACTOR and no other privilege different
from that accorded to members of the general public ,
45 , Conflicting Use. CONTRACTOR shall not use any
vehicle , equipment , personnel or other facilities which are
dedicated to the City for performing services under this
agreement for any use whatsoever other than provided for in
this agreement without the prior approval of the City ,
46 , Severability . If any provision of this agreement
is held invalid or unconstitutional by any court of
competent jurisdiction , such decision shall have no effect
or► the validity of the 'remaining provisions of this
agreement and such remaining provisions shall continue to
remain in full force and effect .
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed by and through their
respective officers thereunto duly authorized on the date
written below their signatures .
i
BONITA BORGESON
Mayor
APPROVED AS TO FORM:
(�_�Adi5a��
A
w �R J GENSEN
City Att rney
CONTRACTOR SIGNAT `S : COMMUNITY TRANSIT SERVICES, INC.
;PTo- 'iPrson, President Ro E auchier, Concract Admia.
N .E :.":; TITLE NAME AND TITLE
000 L4:3
REPORT TO CITY COUNCIL Meeting Date: 2/25/92
CITY OF ATASCADERO Agenda Item: D-3
Through: Ray Windsor, City Manager
via: Greg Luke, Public Works Director
From: Kelly Heffernon, Administrative Analyst
SUBJECT:
Appointment of new members to the Recycling Committee.
RECOMMENDATION:
1. That Council waive the interviewing procedure for new
Committee Members.
2. The Recycling Committee recommends that Council approve
Resolution No. 21-92 appointing five citizens to the Recycling
Committee for a term of two years. The new members are:
Patricia Frank Michael Hordesk
Joyce Lew Susan Marsh
Sandye Tillson
BACKGROUND:
over the past six months five members resigned from the
Recycling Committee. A total of nine members '; remain active
participants. Due to this drop in membership, the City advertised
for new members in November and December of last' year in which
several people responded. Five have consistently attended
Committee meetings, indicating concerted interest in the Recycling
Committee's goals and efforts.
DISCUSSION:
In November of 1990, a large number of people ''llapplied for the
Recycling Committee. As an alternative to interviewing each
applicant as the original procedure delineated, Council appointed
all of the applicants together in one motion. Staff recommends
that Council continue with this precedent of appointing all those
demonstrating interesting in being a Committeemember. This
suggestion is based on the need for further support and
participation. The Recycling Committee is a community based
organization that can only benefit from the addition of interested
and concerned citizens.
0001.1.1
Through the recent effort of soliciting new members, the
Committee has established an informal policy of determining new
membership. Committee candidates now must attend at least 2
consecutive meetings before being recommended for official
appointment. Such a procedure exposes applicants to the functions
of the Committee, allowing time to decide if they want to be a
member. It also enables both existing members and candidates to
become acquainted.
Attachments:
5 applications
Resolution No. 112-90
Resolution No. 21-92
RESOLUTION NO. 21-92
A RESOLUTION OF THE ATASCADERO CITY COUNCIL''; APPOINTING
FIVE (5) MEMBERS TO THE CITY OF ATASCADERO'S
RECYCLING COMMITTEE
WHEREAS, the City Council has adopted Resolution No. 112-90
adopting by-laws for the City's Recycling Committee; and
WHEREAS, due to resignations, five (5) vacancies have occurred
on the Recycling Committee; and
WHEREAS, public advertisements soliciting interest in
appointment to the Recycling Committee have been published and
posted; and
WHEREAS, five (5) applications have been received for
consideration.
NOW, THEREFORE, the City Council does resolve to appoint the
following citizens to the Atascadero Recycling CoMmittee for a two
(2) year term expiring on February 25, 1994:
On motion by Councilmember seconded
by Councilmember the foregoing resolution
is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
By:
LEE RABOIN, City Clerk ALDEN SHIERS, Mayor
APPROVED AS TO FORM:
ARTHER R. MONTANDON, City Attorney
0001:16
1
Please return to: ""--
:y
CITY CLERK leis! 1979.r---7
6500 Palma Avenue
Atascadero, CA 93422
A P. P L I C A T I 0 N
CITY OF ATASCADERO
RECYCLING COMMITTEE
Name•
{Ti chore L Hordesk i .•
Address:
=50 Monterey-Re"- • A"scadero, Cr'r 9?tet:C
Telephone: Occupation:
(®rOS) :166-3205. Engineer/Consultant
Please give a summary of your education, experience and reasons for
wishing to serve on the Atascadero Recycling Committee:
E.Sc. Electrical Engineering., University Of Sridgepoat
M.S_. Electrical Engineering, University Of Southern.
California, P.E. Control Systems Engineering.
•
Knowledge of materials and ?rocesses.
Cont-;Sol am. power supply System, transcucar lesign
and
3Rp 1.3 1 n .n ,�, e
1n ..��� 1d y,�� e � rJ_ • ! d �. .1 a .,
QZ�j •sem
Senior Lecturer at Cal Poly Pomona and San Luis Obispo
Coauthor of Process Contnol Instrument Engineers' Handbook
Coauthor of Process 'Measure-ent Instrument Sngineerst IiandUook
3 _5.pcwclPeweP
-y
I welcome the chance to utilize my 34 years in engineering to assist the
recycl=ng committee- 6
Signatures Date: --
{)U01.,
Please return to: -
■ n MIS: 90!
•
6500 P alma Avenue 1979
��
Atascadero, CA 93422 .SCAD ,
A P. P L I C A T I O N
CITY OF ATASCADERO
RECY SI;NGVCO`MMITTEE
Name:
Address• 9/
Telephone: Occupation: - A- "-I/
Please give a summary of your education, experience and reasons for
wishig vtoserve on the Atascadero Recycling Committee:
1 LL-� / L- �L/' /L- LAI- _ -L l"
;,7
ry �
Signature*_
0001.48
a
Please return to:
h
CITY CLERK �- �s 9, •
iatR . � _ �� -7
0'500 Palma Avenue y' =
Atascadero, CA 93422
AP. ? LI C. AT I0N
CITY OF ATASCADERO
RECYCLING COMMITTEE
s � �
��
Name:
Address: c S
Telephone• `'� =��-� G Occupation:
Please give a summary of your education, experience and reasions for
wishing to serve on the Atascadero Recycling Committee:
d
')L. �r 27 ��.�-4r� ..cif, -1 �/i�• •CSG �i l/ .y!a�(
ze
7 a
T
Signature: �lli%'�L�-`2- �/�, "�'�" Date: ��/
0001. 9
• �yJ. -
Please return to:
•� n riv a■ct�
e r
i
CITY CLERK S-
lata! �I 1s-9r�
6500 Palma Avenue - . —
Atascadero, CA 93422
A P. P L I C A T I O N ,;`�•`�;;;,
CITY OF ATASCADERO
C RECYCLING COMMITTEE
Name: S i t 0.Y'" rf) a-rSF�
Address: P c' 6 0,(- 14 4q ,4+0.sc Q dA ro Ca • q 3�F� 3
Telephone: S?0 5 44zU"q46 Occupation: -n,
Please give a summary of your education, experience and reasons for
wishing to serve on the Atascadero Recycling Committee:
rr,/c! -r-cd T ,fie o u1' LL •a-nd r 4 t c W- M U01 n_
1
Ow Y 11, n fir_a.5 �r, �'hGr 1- �r /6
7'� Q��- -f-n1 inrm��-{�:�n nC:iS:ct. Iae, Si.lGc t �i.
v �
5 i e:he e v li k1- -fT s, 2
1,.LZ fir h.0, /"r) e -1(!mMe_ h/nu
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Co m 01,1 ,rr it o �/tL
/6 461 no anU a ..
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l"Wr x.11��rA hS n.�1-t �2 �.r1� Ct,� Pyr�-n
d o cs cc��-t r�n a l /ate c k v r6 L4-Y A i
area- . 1;- is hr,w .VA- ��c a:��-V1 co-no ct-n�
Cwt-�tr�r.� -I-h� nay �404'lE CL►'L
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Signat,=e: vt / f nate.
0001110
J
Please return to: WN
'iun�r V�is�
CITY CLERK -"'� :• i 9;
Isis� —7 •
6500 Palma Avenue
Atascadero, CA 93422 �SG�ERp„ -
A P. P L I C A T I 0 N
CITY OF ATASCADERO
RECYCLING COMMITTEE
Name•
Address: C13 7/ /Y) uS t P L ✓r> >4 N /Q 1q7AS5 c.gc/�t4y
Telephone: Ig/I/ -/I S3_.7— Occupation: Iqa//RP--Z
Please give a summary of your education, experience and reasons for
wishing to serve on the Atascadero Recycling COMMittee:
y
—
zt,
,�' �'- / .
signature ����1 Date=
0001,11
RESOLL'?'ION NO. I12-90
A RESOLUTION OF THEA_^+
ASCADERO CIT'I ''', CI .
COUN
TO AMEND ,RZ-SOLUTION N0. 5-90, WH:: .6
Ar,CPTED By
FOR THE CITY'S RECYCLING COMMIT'"Z-T
IT RESCLV
�L rT LL
- � _ CoC:cil se_or,.r
=o read as =01TJWS : amends Resolution
- -rs G> 1:as -.S`-11 �p=io _
r=duc=-== n or• matters 5 perti:
: -:_-=w-;: _ `J -_ -• »td:3y=men=i C 3 CJuw1C�_ �:cr'ate -
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-
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MEE "!h AGENDA
DATE ITEM I _.=,_
M E M O R A N D U M
TO: City Manager Ray Windsor
FROM: Chief of Police
SUBJ: Proposed Donation of Vintage Police Car/DARE
Vehicle
DATE: Feb. 7, 1992
This morning I was contacted by Del McCulley, Sales Manager
of KIQO, Atascadero. Del said that he has been working with
his car club, the Mid-State Muscle Cars, on: building a
vintage police car/DARE vehicle as a community project.
Del indicated that his club would like to completely restore
a vintage (50's or 601s) sedan and mark and equip it as a
police car and DARE public relations vehicle. He suggested
that the car could be used for special events such as Colony
Days, DARE presentations, etc. in the police ', department.
Further, Del said the title would be donated t6 the City of
Atascadero and care and maintenance of the car would then be
our responsibility.
As this proposed car is to be fully reconditioned, I believe
maintenance costs would be minimal to the City, ',particularly
in light of the fact that it would only be used for special
events and programs.
Del told me that the funds for this project will be
generated through the next car show his club will be holding
at the lake. I asked him to withhold any public
announcements of this proposal pending your's and Council's
approval.
I believe this to be a positive public project', and I thus
recommend approval.
If there are other steps you wish me to take'', relative to
this proposal, I will appreciate knowing sothat I can
comply as may be required.
Thank you.
RICHARD H. McHALE
RHM:sb